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2003 03-20Meridian Planning and Zoning Meeting March 20, 2003. The regularly scheduled meeting of the Meridian Planning and Zoning Commission was called to order at 7:00 P.M. by Chairman Keith Borup. Members Present: Chairman Keith Borup, Commissioner Jerry Centers, Commissioner Leslie Mathes, and Commissioner Michael Rohm. Commissioners absent: Commissioner David Zaremba. Others Present: Bruce Freckleton, David McKinnon, Jill Holinka, Jessica Johnson, Sonya Allen, and Dean Willis. Item 1: Roll-Call Attendance: Roll-call ___O __ David Zaremba ___X___ Jerry Centers ___X___ Leslie Mathes ___X___ Michael Rohm ___X___ Chairman Keith Borup Borup: Thank you for your patience, ladies and gentlemen. We had a few items we needed to clarify. We'd like to open our regularly scheduled meeting of the Meridian Planning and Zoning Commission for March 20th . Start with roll call of Commissioners. Item 2: Adoption of the Agenda. Item 3: Consent Agenda: Borup: I'd like to discuss, first, that of adoption of the agenda. Centers: Mr. Chairman? Borup: Yes. Centers: I would like to move that we move Items 11, 12, and 13 to be acted on first on our agenda and move all other items down. Borup: Okay. Thank you. And that's what I wanted to hear. Rohm: Second that. Borup: Motion and second. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian Planning & Zoning March 20, 2003 Page 2 of 64 Item 11: Public Hearing: AZ 03-006 Request for annexation and zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40, L-O, and C-G zones for proposed Paramount Subdivision by Paramount, LLC – west of North Meridian Road and north of West McMillan Road: Item 12: Public Hearing: PP 03-004 Request for Preliminary Plat approval of 764 building lots and 37 other lots on 392.17 acres in proposed R-8, R-40, L-O and C-G zones for proposed Paramount Subdivision by Paramount, LLC – west of North Meridian Road and north of West McMillan Road: Item 13: Public Hearing: CUP 03-008 Request for a Conditional Use Permit for a Planned Development for 764 single-family residences, 73 townhomes, 270 apartments, community center, schools and churches in proposed R- 8, R-40, L-O and C-G zones for proposed Paramount Subdivision by Paramount, LLC – west of North Meridian Road and north of West McMillan Road: Borup: I don't know if we need to do that. The problem with Paramount is it has not had legal notification. The applicant has, of course, requested that if we could open it and continue it, rather than re-noticing, but along that line, also, is the opinion of our city attorney, which is probably something that we need to take a serious look at their advice, so, Jill, would you like to put some input on what the city office -- attorney's office recommends? Holinka: Yes. Members of the Commission, I have spoken with Nick Wollen, who -- and Bill Nichols, who also do work on city matters. They both have agreed that in lieu of opening the hearing for minimal testimony tonight, that it would be in the best interest of the city to not open the hearing at all, properly notice the hearing for a date at least as late as April 17th is probably the earliest date that it would be able to be properly noticed and heard by the Commission. Centers: Mr. Chairman? Borup: Commissioner Centers. Centers: And just coincidentally, I noticed this evening before I left, April 17th we had, as of right now, no items on our agenda. In my box, anyway. But I would like to move -- make a motion that we postpone Items 11, 12 and 13 -- do I need to read each issue? Holinka: Yes. I think that would be -- Centers: Item 11 would be the Public Hearing AZ 03-006, request for annexation and zoning; Item 12, PP 03-004, request for preliminary plat approval, and Item 13, CUP 03- 008, request for a Conditional Use Permit. I would make the motion that we postpone those until the April 17th meeting. Meridian Planning & Zoning March 20, 2003 Page 3 of 64 Rohm: I'll second that. Borup: Motion and second. Any discussion? All in favor? Any opposed? Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Borup: I might mention the other item on the agenda was some zoning amendments for that night. We thought we would have a short night and just cover amendments, so I guess that solves that short night problem. Well -- and those will be coming, I'm assuming. I don't know if there are any questions from anybody in the public, but the meeting will be noticed for April 17th. Item 4: Continued Public Hearing from February 6, 2003: AZ 02-031 Request for annexation and zoning of 39.05 acres from RUT to R-8 zones for proposed Castlebrook Subdivision No. 2 by Crestline Development, LLC – 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: Item 5: Continued Public Hearing from February 6, 2003: PP 02-032 Request for Preliminary Plat approval of 148 building lots and 9 other lots on 39.05 acres in a proposed R-8 zone for proposed Castlebrook Subdivision No. 2 by Crestline Development, LLC – 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: Borup: That brings us to the next item, which is a continued Public Hearing from our February 6 meeting. This is a request for annexation and zoning of 39 acres for Castlebrook Subdivision and also the request for preliminary plat on the same project. I'd like to open both these continued hearings at this time and I think this was continued because of the question on serviceability of sewer, mainly. We have a new staff report. Is there number some additional things you'd like to add, Mr. McKinnon? McKinnon: Yes, Mr. Chairman, Members of the Commission, I do have a few things to add, if it would be okay at this time. Just to take care of a little bit of paperwork, if you guys could just go to your staff report, there is a few things that need to be changed. Upon making revisions by the -- the applicant making revisions to the plat, we have now increased the subdivision from 148 lots to 158 -- 150, excuse me. The eight jumped out at me, one hundred fifty, rather than 148. So, if you could make that correction for when you make your motion tonight. It's now at 150, rather than 148. And the second paragraph of the applicant -- the application summary, still on a page one, it says that the single family lots within the subdivision range from 6,000 square feet to approximately 12,400 square feet and that's inaccurate. The lots are, actually, a minimum 6,500 square feet. Lots 12, 13, and 14 of Block 9 are incorrectly labeled as being 6,000 square feet. The dimensions are 65 by 100, but they have shown the lots as being 6,000 square feet in size, so the math doesn't add up. That's something that the applicant will have to revise, at least prior to the final plat. Meridian Planning & Zoning March 20, 2003 Page 4 of 64 Centers: Are there lots 12,400 square feet? McKinnon: I think there is -- there is one that's 12,430 -- Centers: Okay. McKinnon: -- square feet. If I could get you to turn to page six of the staff report. I'm going to address the additional considerations with the block length. It states in the first sentence that Blocks 3, 8, and 4 of the proposed subdivision exceed the maximum 1,000 foot block length. Please add Block No. 9 to that as well. On the second sentence it says Block 6 and 7 do not meet the minimum block length of 500 feet. Please add Block No. 10 to that as well. And this will need to affect one of the -- one of the site specific conditions of approval, but I will get to that. All of these blocks will need a variance. If the variance cannot be obtained, the applicant will be responsible for revising the plat. Down to the pathway and foot bridge at Ten Mile Creek. The proposed pathway -- it goes through talking about a five-foot pathway it should be in width and it's not shown to be on the MMID property or on the applicant's property at this time. The revised plat does not show this. The applicant has stated -- and he's willing to address this tonight, the fact that Nampa-Meridian Irrigation Department -- or District has stated they will allow a pathway on their property and I will have him address that. Down to the issue of connectivity under additional considerations of the final portion of the additional considerations, please strike that entire comment. The applicant has provided the new street connecting Scott and Andover Court through Block 9, so, please, strike that. Page eight. In the site specific conditions of approval, Item No. 10 needs to be revised to be -- to read that drainage shall -- must be designed to insure that water is retained only during a 100 year -- not a 25 year as indicated. That needs to be revised to 100 year. Item No. 14. This is the one that I mentioned earlier that would be reflective of the block lengths and the wording on that would need to be revised to state that the applicant is responsible for obtaining a variance for all seven of the blocks that have been mentioned and that if a variance cannot be obtained from the city, the applicant shall revise the plat to conform with the Meridian City Code. Centers: So, excuse me, Dave, would it be -- would it suffice to just say: Or obtain a variance prior to City Council? McKinnon: Yes. Centers: Okay. McKinnon: That makes it a lot easier. Down to general comments, number five, irrigation ditches, laterals, canals, exclusive natural waterways, just to point out that that excludes the Ten Mile. They are not going to be required to tile the Ten Mile. Those are the major changes that I had for you. This is a revised site plan that you have not yet -- that you didn't deal with at the last hearing. This is a revised site plan. If you remember, there was a small knuckle at this location and there was a cul-de-sac that came back to here and they have added the small street for some additional Meridian Planning & Zoning March 20, 2003 Page 5 of 64 interconnectivity through the subdivision. As I stated before, they are not showing the pathway on their property, they are showing it on Nampa-Meridian Irrigation District's property. One of the questions that I'd have for the applicant and for the Commission is -- to be answered tonight is when the pathway should be completed, prior to what point of occupancy of the subdivision, and when you guys would like to see written authorization from Nampa-Meridian Irrigation Department, if you'd like to see that before you pass this along, or if that would be something before the City Council. I have looked at the minutes from the last discussion, there was quite a bit of discussion concerning the size of the lots and Parkside Creek and the connectivity between the two. There were some issues that we asked for this to be continued for last time that had to deal with the water and the sewer issues with this site. Bruce Freckleton is here tonight to address those issues, but if I can just brush on those. Bruce has revised the staff report to say that we are certain that we can provide sewer for this property and that water issues can be resolved prior to construction of the subdivision. Have you got anything you want to add to that, Bruce? If you have any questions of staff at this time we will take those and turn the time back over to you. Borup: Questions from any of the Commissioners? Okay. McKinnon: Thank you. Borup: Thank you. Does the applicant have anything they'd like to add? Amar: Good evening, Commissioners. My name is Kevin Amar. Address 114 East Idaho, Suite 230, here in Meridian. Unless the Commission desires, I will just address the comments from staff. I don't know that we need to go over the whole project again. Borup: That's what we desire. Amar: Okay. This project at the previous hearing there were concerns with respect to sewer and water. Bruce addressed those. We do have those issues resolved. We met with the engineering department and we can abide by the Commission -- or the conditions. We understand we will have to pay the 1,500 dollar Black Cat sewer extension fee and that's something we also understand and we will do. With respect to some of the questions that were brought up tonight for the pathway, this pathway -- this property along the Ten Mile Drain is, indeed, owned by the Nampa-Meridian Irrigation District. We did approach the Nampa-Meridian Irrigation District and they told us they would get us a letter and we haven't received that letter yet, but their concern was that we would build a pathway at a minimum of 16 feet off the top of their bank, so they can still travel and maintain that drain. We told them that would not be a problem and that we would maintain any spoils that they place up on that. So, the effect to them is nothing. The effect to the subdivision and the surrounding neighbors is that it cleans up the area and it provides a nice amenity for those neighbors. We will be providing a pathway to connect with the park -- Fuller Park across the Ten Mile drain. That pathway -- all of these pathways would be built, the subdivision will be phased in accordance with the fire department phasing and I suspect it will be something of this nature in Meridian Planning & Zoning March 20, 2003 Page 6 of 64 order to have the two points of connectivity and each portion of this pathway that is in that phase, if there is two phases of the pathway, it will be built during that phase or at least that's our proposal. I think those were the issues that were brought up by staff. The variances -- we have submitted for a variance. On some of these we did provide -- actually, this lot -- or this block and this block needs a variance because of the connectivity of those two streets. We have submitted for a variance on some of them and, apparently, we omit a couple of the blocks on our variance. We will revise that and make sure that it does get in for the City Council meeting. I believe staff can -- or is willing to support this request for a variance. We have met with them and discussed our options and what we have before you, between us and the staff, I think is the best idea. With that, unless there are other questions, I will stand for any questions. Ms. Wildwood is here to address the -- I think you saw it the last time, but the housing -- or lot sizes in comparison with other subdivisions, if that's something you want to see again, that's something we are more than happy to do. It's up to you. Centers: Mr. Chairman? Borup: Commissioner Centers. Centers: This is a foot bridge you're talking about? Amar: Yes, sir. Centers: In my notes it says it's going to be replaced with a culvert. Amar: It will be a culvert, it will still be -- I call it a foot bridge. There will still be pedestrian traffic across there. Centers: Okay. Amar: But there will be a culvert. Centers: You didn't address staff's comments as to when you think that pathway should be completed. Amar: The pathway -- it's our intent that that pathway will be completed during that phase of construction. Centers: Which phase? The first phase? Amar: The phase that -- our first phase, most likely, will be in this area and that is to deal with connectivity, having the two points of access. This pathway will most likely be in the second phase. So, in the second phase that pathway would be built, constructed, and we are happy to build it during the course of construction, obviously, weather permitting, for the landscaping and the pathway. If we can pave the streets, we can pave the pathway. So, that is something that can be addressed. Meridian Planning & Zoning March 20, 2003 Page 7 of 64 Centers: So, what you're saying is you don't want to do the pathway until you start on the second phase of construction -- or second -- Amar: I want to do the pathway when that portion of that phase is adjacent to the pathway. I guess if the -- if we do this -- let's assume we just split it down the middle, we will develop half the pathway and, then, the next phase we will develop the other half. Centers: So, when you're selling lots up in here, you expect to have the pathway done? Amar: Yes, sir. Centers: Okay. And what's that block number? Borup: Four. Amar: Block 4. Centers: Block 4. Okay. Borup: So, the pathway will be done adjacent to the lots? Amar: When the lots are for sale, the pathway will be done. Borup: At the time of recording. Amar: Or in the process of being completed will be bonded for. Yes. Borup: Well, yeah, the normal -- Amar: The normal procedure. We do not want to do construction behind houses while people are living there. That creates a nightmare for everyone, I think. Centers: Thank you. Amar: Thank you. Borup: Any questions from any other Commissioners? McKinnon: Mr. Chairman? Mr. Chairman, I have a question for the applicant. Mr. Amar, on the maintenance of that pathway, is the maintenance going to be handled by the homeowner's association? Meridian Planning & Zoning March 20, 2003 Page 8 of 64 Amar: Yes, sir. The maintenance of that pathway and any spoils that will be placed there by Nampa-Meridian Irrigation District during the normal course of cleaning will all be handled by the homeowner's association. McKinnon: Okay. Centers: Mr. Chairman, one other question, and I slipped over that, Dave. Thank you. So, you have read the staff comments and, of course, heard their revisions and you're in total agreement with all their comments, I take it? Amar: Yes. Centers: And requirements and conditions of approval? Amar: Yes, sir. Centers: Very good. Borup: Thank you. Amar: Thank you. Borup: Do we have anyone else to testify on this application? Okay. Any other additional questions? Okay. Come on up, sir. Glines: My name is Mark Glines and I live across the street there at -- across the street at Parkside Creek. I still have a couple of questions. Bruce, can you tell me what size the sewer drain is that this is going to drain through? You said you had worked out the sewage. What's the size of the line that it's going to go through? Freckleton: There are eight inch main lines that it's going to drain through. There is a 21 inch sewer interceptor line that is -- that comes from the pump station that is currently at Coral Creek Subdivision. There is going to be a new regional lift station put in up in the corner. Glines: When is that lift station going to be put in? Let me be blunt. I heard some rumors that the capacity -- the sewer line capacity is not up to what it needs to be and that a lot of additional capacity needs to be finished before this subdivision can have proper flow. Told that it's enough just for the Coral Creek division and not much for more than that. Freckleton: This developer will be working -- as part of their design, they are going to be going through and if upgrades need to be made to the lift station at Coral Creek, they will be making those upgrades, as far as if they have to upsize pumps, they will be doing that. Meridian Planning & Zoning March 20, 2003 Page 9 of 64 Glines: Okay. At the last meeting -- the last hearing you talked about how there is going to be a 21 inch line put in down along Ten Mile. That's going to eventually catch some major pump station down towards Franklin or something. Freckleton: Correct. Glines: Is that something that is going to be excavated for during or prior to this development being finished? Freckleton: It will be -- the line that you're talking about is the Black Cat Sewer Trunk Line is what we call it. It will be going through the development and it will be following the road alignment. It does not go along -- right along the creek. Glines: At the last hearing it was going to go along the creek. That's the way it was explained. Okay. So, it's going to -- so, in other words, the 21 inch line that comes out of Coral Creek is going to follow under some of the existing streets that are coming in -- Freckleton: Proposed streets. Glines: Especially in number one? Borup: Mr. Glines, I'm not sure where you're going with this. What's your concern? Glines: Well, my concern is I don't want to see what we said last hearing was that there was going to be that 21 inch line going down along the ditch. Freckleton: That's not going to happen. Glines: Okay. Because if that was going to go down along the ditch, then, we are going to have the whole area torn up twice. Okay. That place gets torn up, gets torn up, gets torn up -- Borup: Well, that 21 inch line is going in whether this subdivision goes in or not. Glines: Okay. Well, I just -- the comment being is that that line was going to have to go through that area that was going to be improved and, then, it's going to get torn up again, then, we have it torn up twice and that is a negative impact on the Parkside Creek neighborhood. Freckleton: I think it is important to point out that that 21-inch line will go in, more than likely as part of the subdivision. It will go in at the same time. That is if -- if their phases march along, you know, prior to the city taking the project on. Glines: Okay. Where is the irrigation water coming from? Do you know where that is? Where? Meridian Planning & Zoning March 20, 2003 Page 10 of 64 Borup: We need to -- let's get a list of your questions and, then, we will get some answers. Glines: Okay. Well, I'd like to know where the irrigation water is coming from. I talked with Nampa-Meridian and they tell me that there is not enough water available there for that development, unless some additional capacity -- some substantial additional capacity is added. Borup: It's being irrigated now, isn't it? Glines: It's the applied from the south end and the water supposedly is supposed to be coming from the pump up between Coral Creek and Pintail. Borup: Okay. Glines: One of the things is I'm working with the Parks Department such in trying to get the trail along Ten Mile and Ten Mile improved and cleaned up and every effort we make to try to do something is going to have to -- is going to get undone by things that have to get done later on. It's like you put in a new street and the next week somebody comes in and starts digging up the sewers. It was nice to have a new street, but now we have got sewer -- sewer digs all over the place. And so the idea is to bring it up, so that we can get these things done in a comprehensive way, so that it's done once and we have a nice result, versus done a second time and we have half baked result. Borup: Okay. We will find out where the irrigation water is coming from. Glines: From what Nampa-Meridian tells me, there is not enough water coming out of that -- out of the line that would come -- I thought the line was going to come down from the Black Cat side through Castlebrook, over to Castlebrook II, but Nampa-Meridian tells me there is not enough water capacity that direction. Borup: Okay. Glines: There is not enough -- Borup: Any other questions? Glines: Okay. The other question is what do we know -- how do we know that the pathway that's going to be on the development side of Ten Mile is going to be maintained by the homeowner's association? Is there a license with the parks department? Is there a license with the irrigation district? Borup: We will get that answered, too. Right now it's part of the covenants of the subdivision and it will be maintained by the irrigation district -- or by the -- maintained by the homeowner's association. Meridian Planning & Zoning March 20, 2003 Page 11 of 64 Glines: My point being that when Corey Barton took over 40 lots for Coral Creek, his 40 lots, his 1.4 million dollars, bought out the CC&Rs for Blackstone. Borup: Did they change them? Glines: Uh-huh. Yes, he did. Because he was -- he owned enough that he had a quorum in himself to change all the CC&Rs and so I'm concerned that we have maintenance lined up in such a way that if it turns out the developers decide to sell 60 percent of their lots to Corey Barton, that Corey doesn't come in there and say, okay, I have got 60 percent of the place, I can change the CC&Rs to anything I like. He has done that to the negative property values of Blackstone and to the corner one there, I forget what it's called, the one above Coral Creek, negatively impacting those property values. Borup: So, he's not maintaining something that was originally part of the covenants? Glines: Well, the original covenants were architectural and things like that and now all of a sudden all the fill-in is at the Corey Barton level of homes, not the Parkside Creek style which is what was originally put in at Pintail and the -- Borup: Okay. You're talking about two different subjects here, so -- Glines: Well, the CC&Rs, covenants, codes, and restrictions, aren't they -- isn't that what we are talking about, that the -- Borup: Well, also, it's an agreement with them, the Meridian Irrigation District, too. We will get some clarification on that. So, you're concerned about the maintenance of the pathway. Glines: Yes. Because if the pathway ends up not being maintained -- because the original pathway between Coral Creek and the lot -- and the development above that was supposed to be improved and, then, maintained and nothing's being done with that. That's -- Borup: That was my question. The homeowner's association was supposed to do that or -- Glines: That was supposed to have been -- Borup: And that's been deleted from their covenants? Glines: It's in no man's land. We don't know where it is. Nobody can say what is happening. It got lost. Centers: Mr. Chairman? Is Corey Barton still in control of those lots that you're speaking of or are they owned by homeowners? Meridian Planning & Zoning March 20, 2003 Page 12 of 64 Glines: Every lot has been sold. Centers: My point is the new homeowners can amend their CC&Rs after the majority -- if they have the majority, which sounds like they do. Glines: Okay. Centers: So, it's up to the homeowners to take care of that. Glines: The park department and the City of Meridian had plans for what was going to happen with the pathway north of this development through Coral Creek and Blackstone. All of those plans got thrown aside. None of them got followed. The quality of the pathway was -- Centers: Well, I think that's a different issue. Glines: Well, what I'm trying to find out is what -- how do we know that these plans for the pathway are going to be kept with as they were originally approved? Borup: So, there is not a pathway there now? Glines: Oh, there is a pathway, but it's below grade. It was never cleaned up on either side, so it's weed infested, it's still full of trash, it's full of -- it's muddy. It was never done to the city specs. It was never -- the improvements were never finished -- in other words, it was never finish graded, it was never landscaped, sprinklers weren't put in, nothing was done to improve it, other than lay the strip of asphalt and now that strip of asphalt is in an unimproved state that's going to fall to the City of Meridian, who doesn't have the funds to bring it up to an improved state that it can be maintained. Center: And it's in Parkside Creek Sub? Glines: No. It's, actually, between the Coral Creek and the -- Centers: Which it -- so who is responsible for it? Borup: Which property is it on? Glines: It goes right through there. Centers: It's Coral Creek Sub. Those homeowners are responsible for it. Glines: They are all the same homeowner's association. Centers: Yes. Well, they are responsible for it. Meridian Planning & Zoning March 20, 2003 Page 13 of 64 Glines: Okay. But -- Centers: And those homeowners need to take care of it. Glines: The city approved it with a certain level of improvement to it. Centers: And it was done that way. Glines: No, it wasn't. That's my concern. Centers: It wasn't kept up, is what I meant. Glines: No, it's not that it wasn't kept up. It was approved to be paved with a pathway - - Centers: Was it? Glines: Landscaped. Centers: Was it paved? Glines: It was paved, but not according to the approval. It was paved too close to the ditch. My point being here is that the city approved things, but didn't follow through to make sure what they approved was carried through with and, now, we are left with a mess that the city doesn't want to spend the money to do the improvements that were originally planned to be done by the developer and, then, the developer decides that -- they decide to change all of their CC&Rs, so that they are not going to do anything about it and we are stuck in this limbo land between the CC&Rs that aren't supposedly enforceable by the city people and what the city says, well, if you're going to do that,yeah, we will say okay. But that CC&R gets left to the -- Borup: Did you have another question? Glines: Well, my concern was that we have that -- Borup: Right. I have got that. Glines: The sewage. Those three things. Borup: Right. Okay. Glines: And that all of those things are put in such a way that they are -- Borup: Now, didn't your sewage question get answered? Glines: Not yet. He's got to answer that one for me. And, then, there is one -- Meridian Planning & Zoning March 20, 2003 Page 14 of 64 Borup: Well, what part don't you understand, then? Glines: Well, he didn't answer -- he said there is an eight inch, but he didn't -- doesn't say where the eight inch comes from, how much flow is going to go through that -- Borup: Well, but what's the concern there? Glines: We are overdeveloping the -- we are overdeveloping with higher density than there is any facilities for. Borup: So, you don't think the Public Works Department knows what they are doing? Glines: Well, from what I understand is this is based upon future things happening to catch up with the Public Works Department and I just -- Borup: And who explained that to you? Glines: It was unofficially explained to me. Borup: Yeah. Who? Glines: It came second person from the Public Works Department. Borup: Okay. Glines: Okay. But I'm concerned that these -- Borup: And you think that should have priority over the Public Works Department itself? Glines: Well, I'm just saying that -- I'm asking the question. Borup: Okay. Glines: So, that's a question that Public Works can come back and comment on, because if it's there and said, you know, we didn't do this, I have seen too many things happen that the intention was great. The practical follow-through wasn't. You know, there has been the issue of what's the drainage down there and they say, well, they have done their water table studies. Well, in our neighborhood one lot can have a total different water table than the one next to it. So, I have only seen one plastic pipe drilled into the ground in that division -- in that subdivision area and so are we going to have standing water problems in their big area or is it going to not -- do they have enough drill -- test holes drilled to know for sure? My concern is that we are building too fast without enough information and it comes back to negatively impact the citizens and the taxpayers of Meridian. Meridian Planning & Zoning March 20, 2003 Page 15 of 64 Borup: Okay. Thank you. We will get answers to these questions. Do we have anyone else that would like to testify? Okay. Let's -- I'm going to -- Bruce, do you want to be first? Is there enough capacity in the sewer lines? Freckleton: Mr. Chairman, with the upgrades that this applicant may have to do to that pump station, there will be capacity. We have plenty of capacity. I'm not sure exactly how to answer the question, other than that. We have the capacity, we have done the analysis, we are continuing to do the analysis. This area is -- there is a major study being done right now on this entire area as part of the Black Cat, Ten Mile interchange study that JUB is right in the middle of right now. That was one of the things that made us nervous -- excuse me -- at the last hearing when this came up about going forward without having more data in place. We have done modeling. We are still doing -- we are still doing analysis, like I said. One of the biggest hurdles we have was trying to find a site for the regional lift station. We have worked together with this applicant. We think we have got it worked out. You know, things are marching forward. So, if -- to address his concern about digging streets up that are already paved, you know, if our project moves forward ahead of the phasing or timing of this project, we will be putting that sewer in, they will be coming along behind and building roads over the top of us. If his project goes ahead of our timing for putting the trunk line in, he is going to be putting the trunk line in underneath the roads and so the roads won't have to get tore up again. We are very conscious of that and strive to prevent that from happening, so -- Borup: Okay. I think that -- let me just -- my experience sitting here is if the Public Works Department had any question at all, the projects are delayed until there is an answer and you have been comfortable and that's -- that's always been the case. Mr. Amar. Amar: Thank you, Mr. Chairman, Commissioners. Again, for the record, Kevin Amar. To answer -- I believe there are two other questions. One, irrigation, and the second the pathway. I'll answer the irrigation question first. Could I get you to put up the regional map? We met with Nampa-Meridian Irrigation District probably a month ago to go over the location of the irrigation pump station not only for this subdivision, but also for Castlebrook No. 1. It was their request -- there is an existing irrigation pump station at this location. It was Nampa-Meridian's request that we upgrade that pump station, so they only have to maintain one pump station and that would have capacity for both Castlebrook No. 1 and Castlebrook No. 2. Our water right -- both of these comes out of this lateral and we will have to tile that down to that irrigation pump station or at some point into the Ten Mile Creek, so it does get to that pump station, but there is capacity for it and we are working with Nampa-Meridian Irrigation District to actually upgrade one pump station, rather than two, and that was -- or build an additional one and that was at Nampa-Meridian's request. Borup: So, it sounds like the existing pump needs to be enlarged -- needs to be upgraded and the water source that that existing pump is using would not have the capacity as it presently exists, so that's why you're diverting the water you have, the waters rights, to that same pump and that gives it the capacity for your subdivision. Meridian Planning & Zoning March 20, 2003 Page 16 of 64 Amar: Correct. Correct. The in-take manifold, the -- well, it all has capacity, but the water rights for this property currently coming out of this lateral are not -- and we will have to divert that. That's a fairly common practice within the different irrigation districts. And we will have to upgrade pumps in order to provide the necessary sizing for these subdivisions. Those will be under the -- we will have to have reviewed by Nampa-Meridian Irrigation District, their engineers, our engineers, the city, I believe, gets into the review of that. So, there are extensive reviews insuring that there will be capacity. We can always -- if there is not capacity, we can always build an additional pump station to provide our capacity. We do have water and we do have water rights for our property. The second question with respect to the pathway maintenance -- now if I can ask -- well, this will work. The pathway along the Ten Mile Creek, we will have to obtain a license agreement. That license agreement will be with Nampa-Meridian Irrigation District will spell out that the homeowner's association must maintain that. Nobody, short of Nampa-Meridian Irrigation District, can change that. If a developer or builder, all the homeowners band together and want to change that in the CC&Rs, they can only do that with permission of Nampa-Meridian Irrigation District. So, the maintenance of that pathway and the landscaping, all of that will be in our license agreement, and we will do it accordingly. This pathway is one that we are putting in of our own accord. The pathway on the other side was, actually, in the city park's pathway plan and was put in and so I believe the city is maintaining that pathway or is going to maintain that pathway at some point when -- I don't know what's been finalized or what hasn't, I don't know if that's all taken place. I know on our side of the property the city has no interest in maintaining a pathway just for a subdivision. That's an amenity that we wanted to provide for our residents. So, I think the license agreement is a very sure tool to insure that we do maintain that -- or the homeowner's association does after the developer is gone. I believe those were the two questions or were there others? Borup: No. Those were the two -- maybe I did write one other down. I don't know if it's a specific question, but do you know how many test holes have been monitored here? Amar: I believe right now monitoring -- we are monitoring two test holes. We initially dug, I believe, ten. We located with our engineer where the low points in the ground may be and where those -- the drainage would go to and we are monitoring those locations. Borup: So, you're trying to monitor the worse case of the test holes? Amar: Yes, sir. One of the locations is right where that park is designed. Luckily, this site could lay out to where the park and the low point can -- Borup: The same place? Amar: -- be the same place. And as far as standing water, it's also one of the conditions of approval that our site drains within 24 hours. So, I believe we are abiding Meridian Planning & Zoning March 20, 2003 Page 17 of 64 by those conditions of approval. So, I believe those are addressed in the staff report and staff can enforce any of those if they are conditions of approval. Centers: Mr. Chairman, I had one other thing that was addressed in the staff report and, I don't know, maybe we jumped over it. The fire department had thought that they may need a secondary access, a second point of access. Is that being provided? Amar: It is. This project is dependent on Castlebrook No. 1 being completed. In Castlebrook No. 1 we are building Pine or El Gato. In Castlebrook 2 we will continue that and, then, we will also have connectivity from this location in Castlebrook 1 and here. So there is -- this works out great. We have got an area map. The actual connectivity for this subdivision will have one point here and, then, an additional point out through here. We can go through Coral Creek. So, we have met with them and all the fire department conditions will be adhered to. Borup: And I'm assuming that the fire department made that, because they were looking at one subdivision, without taking the other one into consideration. Centers: Very good. Borup: Questions from any other Commissioners? Okay. Thank you. Any final staff comments? Okay. Commissioners? Mathes: I make a motion to close the continued Public Hearing from February 6, 2003, AZ 02-03 and PP 02-032 on Castlebrook Subdivision No. 2. Centers: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Borup: Okay. First item. Mathes: I make a motion to send -- to forward to City Council continued Public Hearing from February 6, 2003, AZ 02-031, request for annexation and zoning of 39.05 acres from RUT to R-8 zones for propose Castlebrook Subdivision No. 2 by Crestline Development, LLC, 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane Road, including all staff comments, dated February 6th, with a couple of changes. Borup: None of your changes affected the zoning, did it? I mean the annexation, did it? McKinnon: No. Meridian Planning & Zoning March 20, 2003 Page 18 of 64 Mathes: Okay. Then no changes. Centers: I would second that motion to approve. Borup: Motion and second. Any discussion? All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Mathes: I make a motion to approve the continued Public Hearing from February 6, 2003, PP 02-032, request for preliminary plat approval of 150 building lots and nine other lots on 39.05 acres in a proposed R-8 zone for proposed Castlebrook Subdivision No. 2 by Crestline Development, LLC, 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane, with -- including all staff comments dated February 6. On page one of those, down in the application summary, in the second paragraph, where it says the single family lots in the subdivision range from -- it should be 6,500 square feet, not 6,000. And on page six, under additional considerations, on the block length, under block length it should read Block No. 3, No. 8, No. 4 and No. 9. And, then, in the second sentence it should be Block No. 6, 7, and 10 that don't meet the minimum block lengths. Under -- by the pathways, they have to have -- with agreement Nampa-Meridian that there will be a -- it's okay to have a pathway. They will allow it. Is that a license agreement? Borup: Yes. Mathes: Okay. And, then, the paragraph on connectivity we can scratch. On page eight, number 14, the applicant is responsible to obtain a variance for the block lengths before City Council. And on -- McKinnon: Mr. Chairman, Commissioner Mathes, they do -- Mathes: Before City Council. Excuse me. No? McKinnon: They can submit -- Commissioner -- Mr. Chairman, Commissioner Mathes, they can submit concurrently, so that they come on the same night. Borup: The application has to be made to City Council. McKinnon: That's correct. Mathes: Oh. Okay. And, then, under general comments number five. That excludes the Ten Mile ditch and, then, they have to have -- and maybe I already said this, a maintenance agreement on the pathway with Nampa-Meridian Irrigation to maintain it? McKinnon: Correct. Mathes: And I think that's it. Meridian Planning & Zoning March 20, 2003 Page 19 of 64 McKinnon: Mr. Chairman, Commissioner Mathes, if you could also include item number ten, changing the 25 year storm event to a 100 year storm event. Mathes: Okay. McKinnon: In addition to that, there was some discussion in the previous testimony concerning the timing of the completion of the pathway. We may want to include some language with that as well. Mathes: Okay. The pathway will be completed when those lots along the pathway are phased in. Borup: Or offered for sale. Mathes: Or offered for sale. I mean they are going to build them the same time they do those streets. McKinnon: Prior to the issuance of building permits. Mathes: Sure. McKinnon: Okay. Of that phase, Mr. Chairman, Members of the Commission, we have not yet received a phasing plan for this subdivision. That was item number nine on page eight, requiring a phasing plan. So, that's one of the things that we have to work with on this, is we don't know what phase that would be, but I believe that we should include that -- some additional clarification language concerning possibly the construction of portions of Block 4. Block 4 is the large block that runs -- can I borrow your pointer? Mathes: So, maybe the pathway should be constructed when Block 4 is constructed? McKinnon: This is all of Block 4. But we don't have a phasing plan, so we probably ought to have some tie in rather than phasing. Mathes: So, when Block -- before building permits are issued on Block 4, that path has to be in? Borup: Well, I think Block 4 could be split in the phasing is what they indicated. Does that handle it, Dave, if we say before any of those lots are -- McKinnon: Just adjacent to it, so we are measuring from this small block -- or small lot. That's Lot 9. Centers: When offered for sale the pathway must be done. Meridian Planning & Zoning March 20, 2003 Page 20 of 64 McKinnon: That's works for me. Mathes: It works for me. Centers: Commissioner Mathes, I had one little technical thing that -- if you can believe it from me. On page five, the availability of public services, down about five lines it says the Blackstone lift station shall upgraded. I'd like to insert the word be upgraded. Shall be. It was omitted. Thank you. Borup: Commissioner Zaremba is not here. Someone has to handle that. Centers: I second that motion, by the way. Borup: I mean that in a good way. Rohm: Sure you did. Borup: Okay. We have a motion and we have a second. All in favor? Any opposed? Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Continued Public Hearing from March 6, 2003: RZ 03-001 Request for a Rezone of 6.95 acres from L-O to L-O and C-G zones for Mallane Commercial Complex by The Land Group, Inc. – north of East Fairview Avenue and west of North Eagle Road: Borup: Okay. Our next item is also continued. That is continued Public Hearing RZ 03- 001, a request for a rezone of 6.95 acres from L-O to L-O and C-G zones and we'd like to open this continued hearing and start with the staff report. McKinnon: Mr. Chairman, Members of the Commission, as you stated, this is a continued Public Hearing. The last time that you heard this application the property was not posted correctly and there were some issues with, I believe, a legal notice and some issues concerning what piece of property was being rezoned to C-G and what pieces of property were staying as the L-O designation. If I could direct your attention to the overhead, we have highlighted the area that's remaining as L-O. The rest of the property right here, including this small piece, over to this small triangular shaped piece of property, stopping there, that's all to be rezoned C-G. The reason for that is so that this piece of property will remain as an L-O use to buffer the larger C-G and higher intensity uses of the C-G zone. The property has been noticed correctly and just one more map you will be able to see it more clearly. This piece remaining is L-O adjacent to the single family residential. The rest of the property would be zoned C-G. Staff supports the requested rezone application. The request is in compliance with the Comprehensive Plan and I'd ask if you have any questions for staff at this time. Meridian Planning & Zoning March 20, 2003 Page 21 of 64 Borup: Questions for staff? Is the applicant here? Come forward. Is there anything you'd like to add to the staff report? Hepworth: Russ Hepworth with the Land Group, 128 South Eagle Road. I just wanted to clarify a couple things in the staff report. It states that -- the lot that would stay L-O is designated as Lot 3 on this. Lot numbers have changed according to the final plat and that should be Lot No. 4 will remain L-O and that the rest would be rezoned to C-G. That is stated in the application summary and also in Item F. Centers: That's also on the first page in the application summary. Hepworth: Correct. Centers: Right. Hepworth: And we have no further comments to the staff report. Borup: Okay. Any questions from the Commission? All right. Thank you. Do we have anyone here to testify on this application? Come forward, sir. Hill: I'm not sure I'm -- Borup: Go ahead, we need to get your name. Hill: Hill. Dale W. Borup: Okay. Hill: I live at 2561 East Grapewood Drive. My property backs up against this piece of property, I think. May I approach the map? Borup: Yes. Yeah. This is Grapewood right here, I believe. Hill: Right. This is our lot. Borup: Okay. Hill: My understanding is this is the piece that they are trying to rezone? Borup: No. Okay. Come on -- we can -- come on up to the microphone and ask some questions and we can explain that. This piece is staying as it is. It's been L-O -- it's presently L-O and -- Hill: When we purchased the property it was L-O. Meridian Planning & Zoning March 20, 2003 Page 22 of 64 Borup: Right. And that was why -- I think maybe they would have liked to, but this Commission said, no, it needed to stay the way it was. Hill: Okay. Borup: So, this has the -- is that where the restaurant is or over here? Anyway, but the rest of the property is what is changing. Hill: All right. Borup: The part against you is staying that and I believe even -- if I remember right, don't we have a single -- is that single story -- or am I thinking of something else? Whatever it was originally approved as -- Hill: In my understanding a single story business -- or I mean office space. Borup: Yeah. Or anything that would comply with an L-O zone. Hill: Yes, sir. Borup: Yes. No, that is not changing. Hill: Fine. Thank you. Borup: All right. Thank you. Do we have anyone else? Okay. Commissioners, the only other comment I would make -- and maybe -- again, this is kind of a typo to -- in a motion on page two, item D, we already – okay. Delete the reference to the police station. I don't know if there is anything else to carry it over, unless I think that it carried over from a previous report. Centers: I would make a motion we close the Public Hearing. Mathes: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Mathes: I make a motion to approve the continued Public Hearing from March 6, 2003, RZ 03-001, request for a rezone of 6.95 acres from L-O to L-O and C-G zones for Mallane Commercial Complex by the Land Group, Inc., north of East Fairview Avenue and west of North Eagle Road, including all staff comments dated March 6th, with the changes on -- under application summary and background, it's, actually, Lot No. 4, Lot No. 3 that's remaining L-O and on page two, item D, where it says furthermore, to the end of that paragraph, we are scratching that off. On page three, Item F, another reference of -- it's Lot 4, not like Lot 3 that will remain L-O. That's it. Meridian Planning & Zoning March 20, 2003 Page 23 of 64 Centers: Second. Borup: Motion and second. All in favor? Any opposed? Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Continued Public Hearing from March 6, 2003: AZ 03-003 Request for annexation and zoning of 14.31 acres from RUT to R-8 zones for proposed Timberfalls Subdivision by Dan Wood – south of East Ustick Road and west of North Locust Grove Road: Item 8: Continued Public Hearing from March 6, 2003: PP 03-002 Request for Preliminary Plat approval of 50 building lots and 6 other lots on 14.31 acres in a proposed R-8 zone for proposed Timberfalls Subdivision by Dan Wood – south of East Ustick Road and west of North Locust Grove Road: Borup: Okay. The next is also a continued Public Hearing, AZ 03-003, request for annexation and zoning of 14.31 acres for Timberfalls Subdivision and PP 03-002, request for preliminary plat approval on the same project. Open this hearing and start with the staff report. McKinnon: Thank you, Mr. Chairman, Members of the Commission. You should have all received a copy of the revised staff report from Steve Siddoway. Steve has gone through and made the revisions that were required from the last Public Hearing and he stated that in this -- he added a new summary to that stating that the only remaining substantive issue, in his opinion, was the hard surface pathways and whether or not those hard surface pathways entering into the dinosaur shaped common lot, whether or not they should be required to be – okay. It's a dinosaur. There are the feet. The tail is over here. It looks likes a tyrannosaurs. There are three entrances into this open space and there is some discussion as to whether or not those pathways should be just hard surface pathways or whether they should be considered as micropaths and landscaped and fenced in accordance with the landscape ordinance. There was a lot of discussion in the original application that -- I should recognize at this time Sonya Allen, who actually wrote the majority of this report. She is here tonight and this is her first time here, so we welcome her here. And if you have any questions, we could probably address those to her. There also should -- you all should have received a copy of the land consultant's letter, dated March 10th, in response to the revisions that were requested at the last Public Hearing and staff does not disagree with any of the comments from the land consultants and the staff report, as revised by Steve Siddoway, is reflective of the comments of the applicant's letter dated March 10th, so the only real issue, I guess, that we have left from actually having read the minutes and reading Steve's revised report is to whether or not those pathways going into the common lot should be considered micropaths and handled as such. The applicant has received a letter from the Nampa-Meridian Irrigation District allowing them to encroach within the Meridian Planning & Zoning March 20, 2003 Page 24 of 64 easement on the south side of the property. With that I would turn the time back over to you and ask if you have any questions of staff. Borup: Any questions from staff? Centers: Yes, Mr. Chairman. I guess Sonya -- Sonya Allen. Why would we even want to consider it as a micropath? McKinnon: Let me address that, because I did write most of that part. In our landscape ordinance we do have comments regarding micropaths and what micropaths are. They are defined, but there is, actually, no threshold for the micropaths as to when they are required. There is a definition for them. The definition states that they lead from one place to another and, typically, are between subdivisions or streets and breaking up of blocks. There was no requirement, nor threshold, or a brink, as sometimes is defined in logic, to require one at anytime. The applicant has agreed to put in those pathways, but objects to the developer being required to install four foot fences adjacent to those and to install a tree every 35 feet on center in that area. Part of the reason for their opposition to that, my understanding, is that -- there is the landscaping. One more -- this may show it just a little bit. On the plat that you, you can see that there is typically a seven foot wide drainage lot that runs adjacent to these small areas that lead into the park. These are between 15 -- 14 and 17 feet wide and seven feet of that is, actually, a depressed drainage swale. So, rather than having a large drainage swale within the subdivision, they put those in narrower areas and made them longer and grassed those and if they had to plant trees within that swale, it would create a problem, so they are asking that they not be considered micropaths, but they would construct them as hard surface paths, showing that there is access to the common lot. Borup: Okay. Would you like to come forward, then? Nickel: Mr. Chairman and Commissioners, thank you. I do believe that is the only outstanding issue and it really isn't an issue. We are okay making them micropaths by definition if you feel it's necessary. That was our concern was the drainage and the landscaping, because of how we have the -- as I say, the property does drain from southeast to northwest and so the drainage would be along the sides of the common park area and if we were required to meet the micropath standards, we are going to be limited to a pathway -- a certain size pathway with a certain size landscape on either side with trees. I think we can probably engineer around that, if you feel it's still necessary to call them micropaths, otherwise, we will provide the path -- the paving to meet that requirement, also the fencing along the portion of the paved pathway to meet those requirements also. Borup: Commissioner Centers? Centers: Yes. Well, I guess I'm not big on that. The way I look at it is they are not going to connect, are they? What's behind the micropath is the connectivity to other subdivisions. Correct? Meridian Planning & Zoning March 20, 2003 Page 25 of 64 Nickel: That's originally what we -- Centers: Primarily. And I think that's in the -- and there is no change of these connecting. You're doing them for your own benefit and you're taking advantage of the drainage swales and making paths here. So, I don't see the need, personally. Borup: Well, I agree. And when I first saw this, I didn't even feel the necessity of paving them, but with the drainage swale there I think you're concentrating the traffic and it makes sense, probably to pave them, but you said you were planning that anyway. Nickel: Yeah. And, originally, when we had met with Dave and staff before, we thought it was appropriate to have paving of a certain portion, so people would know -- would know, okay, I can go back there, it's a paved area that -- Borup: And that part makes sense, so they know there is something there. Nickel: Right. And, then, as far as the fencing, our concern is we don't want to have to -- the developer didn't want to have to fence the entire open space area. The micropath requirements requires you to fence just the pathway portion of it. So, then, it got confusing as to what portion you fence and what you don't. So, I'll leave that up to you if you want to -- we can revise that and not call it a micropath and, then, we do the improvements that we discussed. That will be fine or -- Borup: Well, did you ever call it a micropath? Nickel: We never called it a micropath. Borup: No. I think Commissioner Centers said it very well. Centers: Well, you made that in your notes, if you drew these up, Mr. Nickel. Nickel: Yes. Centers: These will not be micropaths, by definition. Nickel: That's what I was proposing. Then, it kind of got confusing with everybody, so - - Borup: Well, I think that's the difference here. It's not a continuous path and it doesn't go to another subdivision -- I mean the purpose is to access the park in the middle, not break up a block length or anything else. Meridian Planning & Zoning March 20, 2003 Page 26 of 64 Nickel: Right. And, Commission, we did get our letter from the Nampa-Meridian Irrigation District the day after our meeting, which was surprising, so thanks for scheduling this for only the two weeks. Took a chance there, but it worked out. Borup: Well, that was really, I thought, the major reason for the continuance was to get that answered on the -- Nickel: I think everything else we are in agreement with or we can work out with staff on what we talked about -- on the issues we talked about before and so I will stand for any questions you have. Borup: Any other questions? All right. Thank you. Nickel: Thank you all. Borup: Do we have anyone else to testify on this application? Seeing none, any final comments from any of the staff? Okay. Centers: Yeah. I have a question for staff. You have seen their -- Mr. Nickel's letter, Mr. McKinnon, and, really, there were only two issues, item number 7 and number 8 on their letter and you're in agreement with that? I believe they were saying okay on everything else. McKinnon: Item number -- Commissioner Centers, Members of the Commission, Item number seven, they have provided us with a letter for that and that they have -- that they will revise the plat to reflect that. Item number eight -- Centers: Right. McKinnon: I just had to read it out loud. Sorry. I'm not real familiar with just numbers. Yeah. We are in agreement with number eight as well. Centers: Right. Okay. So, we are fine? McKinnon: Yeah. Centers: I guess I would move we close the Public Hearing. Mathes: Second. Borup: Motion and second to close the Public Hearing. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Centers: Mr. Chairman? Meridian Planning & Zoning March 20, 2003 Page 27 of 64 Borup: Commissioner Centers. Centers: I would move that we recommend approval to the City Council on continued Public Hearing Item AZ 03-003, request for annexation and zoning of 14.31 acres from RUT to R-8 zones for proposed Timberfalls Sub by Dan Wood, south of East Ustick Road and west of Locust Grove Road, including all staff comments from memo dated March 11th. Mathes: Second. Borup: Okay. We didn't mention anything on definition of micropath. Centers: On the zoning? Borup: No. I'm sorry. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Centers: Continuing on. I would like to recommend approval for the continued Public Hearing from March 6th, specifically, PP 03-002, request for preliminary plat approval of 50 building lots and six other lots on 14.31 acres in a proposed R-8 zone for proposed Timberfalls Sub by Dan Wood, south of East Ustick Road and west of North Locust Grove Road, including all staff comments from memo dated March 11th, and applicant's letter dated March 10th from Shawn Nickel, item seven, to be included in staff comments, item eight to be included -- and I will give a copy of the memo to the attorney. Second page. Micropaths shall not be the definition of the interior paths of the subdivision and they would not comply with the micropath ordinance. End of motion. Rohm: I will second that. Borup: Motion and second. All in favor? Any opposed? Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Public Hearing: RZ 03-003 Request for a Rezone of 0.35 acres from R- 4 to O-T zones by for Merlyn Schmeckpeper by Merlyn Schmeckpeper– 230 West Pine Avenue: Item 10: Public Hearing: CUP 03-006 Request for a Conditional Use Permit for a Child Care Facility for approximately 30 children in a proposed O-T zone for Sunshine Academy by Sharon O’Toole and Debbie and James Sheridan – 230 West Pine Avenue: Borup: Okay. We are finally to an original hearing. But, actually, that is the purpose -- normally, our second meeting is set aside for continued hearings and, then, if we have Meridian Planning & Zoning March 20, 2003 Page 28 of 64 others, we also put those on here, so we don't have to wait for the previous month. We like to try to move them along as well as we can. So, Public Hearing -- I'd like to open Public Hearing RZ 03-003, request for rezone of .35 acres from R-4 to O-T zone for Merlyn Schmeckpeper -- excuse me -- at 320 West Pine Avenue and start with the staff report. McKinnon: Mr. Chairman, if I could interrupt at this time. If we could open Item No. 10 as well, Sunshine Academy is for the same piece of property? Borup: Oh, right. It is. I was planning on doing that earlier. And, then, also Public Hearing CUP 03-006, request for a Conditional Use Permit for a childcare facility for approximately 30 children on the -- for Sunshine Academy and that's for that same property. Did I say open that one? Okay. Go ahead. McKinnon: Thank you, Mr. Chairman, Members of the Commission. If I could direct your attention to the overhead, just to give you some orientation as to where this piece of property is. Meridian Elementary School is to the north. There is one single family residential that's sandwiched between the proposed day care and the elementary school just to the north of that. There is small alley that runs on the east side of the proposed day care center and there is 3rd Street on the west side of the proposed day care center. The collector street, West Pine Avenue, runs across the front of the property. West Pine Avenue is an approved collector with a bike path. It does have a parking lane on the -- adjacent to the sidewalks. Go to the next slide. It gives you an aerial view showing what surrounds the property is residential to the east and residential to the west. Some to the north as well, to the northwest, in addition to the elementary school site. Across the street there are some commercial properties and some residential properties. This is the proposed site plan. It doesn't come out very clear. Let me orient you to what we are looking. This dark piece of property right here is the detached two car garage. Pine Street is on the top of the project. This is the day care facility. It's a single family residential unit at this time. We don't have a picture of that for you in the site plan, but just for your knowledge, there is a small retaining wall adjacent to the sidewalk and the property is raised. Currently it is a -- what is an alley, but currently just looks like a driveway that comes in off of Pine Street. There is a small irrigation ditch that runs along the western side of the property. It would have to be tiled in accordance with the City of Meridian's requirements for tiling of ditches. The applicant has proposed one, two, three parking stalls in the back of the property, in addition to the two parking stalls for the employee parking in the detached garage, that's a total of five parking stalls. As we get into the staff report, you will note that the parking becomes an issue several different times in the staff report. One, because there is no handicapped accessible parking stall as required by federal law in the parking lot that they have proposed. Furthermore, there is a requirement for some additional landscape buffering in this area adjacent to the one single family home sandwiched between the day care -- the proposed day care and the elementary school. I hope we have -- that's the final drawing. I'm going to go to the staff report now and there is a few things I'd like to point out in the staff report, if I could have you follow with me. Under the application summary, the applicant is requesting a day care for up to 30 Meridian Planning & Zoning March 20, 2003 Page 29 of 64 children and the way they have arrived at that number is a number that's dictated by the state that allows one child for every 35 square feet of usable space and that's where they came up with the number for 30. Parking is also derived from the number of children that are allowed in a day care facility and one parking space is being required for every ten children, in addition to one parking space for every employee. The applicant has stated in their application that there would be three employees for this day care facility and, therefore, they need to have six parking spaces, only five are provided on site. Either a variance or a revised parking plan will be required for this site prior to approval. If I can direct your attention to page three, item number F, the finding for the rezone states that the findings that you have to make asks the question will the use -- will the rezone be hazardous or disturbing to existing or future neighboring uses. I notice that there are several people here tonight to testify in opposition of the requested rezone and the Conditional Use Permit. Please consider all of their testimony, including their written testimony that has been submitted to you. You should all have received a copy of the petition in opposition of this tonight. Please consider that when making this finding on page three. I direct your attention to page four. Item number A, as to whether or not the site is large enough to accommodate the proposed use in all yards, open spaces, parking, and landscaping. If reviewing the site plans, staff has found that the site could accommodate all of the required parking and all of the required landscaping. However, some changes will need to be made and a number of those changes are detailed further on in the report under the additional considerations regarding landscaping and parking, so -- which parking we have already discussed. Again, item number D on page five asks you to consider all testimony given at the Public Hearing, as to whether or not this proposed use will adversely affect other properties in the vicinity prior to making a recommendation for approval or denial. Again, we just ask you to take into consideration any testimony tonight. Special considerations on page six. Parking modifications. I have included a number of different options. Those are not the only options, but there are some options for providing additional parking on site. Some of those options would include providing parking behind the garage in a tandem parking arrangement with one vehicle being parked behind vehicles in the garage. The vehicles in the garage are being used for employee parking. That would allow additional vehicles to park behind the garage, because those vehicles in the garage would not leave until after the vehicles parked behind the garage leave. There are some safety issues to consider when dealing with that, that these vehicles that park here diagonally would have to back out of the alley. This is a small alley that would not provide for two-way traffic. It's not quite wide enough for that. Typically, alleys are much smaller in width. So, that's an issue to consider. Another issue that we could deal with to accommodate additional parking would be this large unimproved area at the back of the home. Access could be taken off of 3rd Street. There is a small irrigation ditch that would have to be tiled. Additional parking could be provided off-street off of 3rd Street. There are a number of other uses, residential uses, that have access off of 3rd Street. There currently is no access off of 3rd Street to this property. It is an option that they could take a look at. Furthermore, a handicapped parking space will be required on this site plan. Alternative compliance with landscaping. The applicant has only provided a five-foot wide landscape buffer. I'm sorry. A five foot wide landscape buffer on the south side adjacent to the parking Meridian Planning & Zoning March 20, 2003 Page 30 of 64 and staff can see that within rezone to the Old Town there are some allowances in the alternative compliance section of the landscape ordinance that would allow a change of use for a piece of property to have a decreased amount of landscaping, but the applicant did not provide what type of landscaping would be back here and staff would suggest that that actually be widened to include the full length of the property, rather than just the area adjacent to the parking, that it would be the full length of the property, in addition to making it deeper, ten feet instead of five feet. In order to do that, one of these parking spaces would have to be eliminated and additional parking would have to be provided elsewhere on site. My written comments are a little more coherent than my spoken comments, but item number three on page seven, the sidewalk on 3rd Street, Meridian City Code requires a sidewalk adjacent to the public right of ways. Ada County Highway District was approached to waive their requirement for a sidewalk and ACHD waived the requirement for the sidewalk at this location as the only thing the sidewalk would lead to was one residential house and, then, into the back of a chain link fence for the elementary school site and staff agrees with ACHD that that should be waived as a requirement for this, that the sidewalk would serve very little purpose, if any purpose at all, and would very expensive. In addition to that, the Meridian City Code, Section 12-5-2-K allows for that to be waived if the lot frontages, on average, are over 100 feet in length and that is the case for most of the properties on Pine Street, so there is a section of code to tie that to allow a waiver. As far as the conditions of approval go, there are a few things I would like to point out to you. Because this will be a change from a single family residential to an educational use, there may be several changes that are going to be required per the International Building Code and the applicant would be required to meet those, in addition to the International Fire Code. And item number eight on the site specific conditions of approval, the off-street parking plan, we did require the applicant provide a new off-street parking plan prior to approval and we would rather have that brought back to you for approval, rather than send it on tonight to the Council without you having an opportunity to review the new parking plan or the applicant could -- this is an either/or type of recommendation, that the applicant request a variance from the city, because there is on-site parking -- not on-site, but on-street parking on Pine Street adjacent to this use. The recommendation is just reflective of what I have said. It does meet code for the City of Meridian. There are some issues with -- I know from reading through the opposition, there are some issues that will be raised concerning the amount of traffic on Pine Street. Again, Pine Street is a collector roadway that has been built and improved to handle a large volume of traffic. It is not a local roadway, such 3rd Street, Broadway, Idaho would be. It is an improved collector street to carry the amount of traffic on that and that's also reflective in ACHD's report. I think that concludes all of the comments that I have for you tonight and I would ask you if you have any questions of me before we turn the Public Hearing back over to the public. Centers: Mr. Chairman, yes. Where does -- can you point out Sniffles 'n Sneezes? Do you remember that? McKinnon: Yeah. I do remember. Sniffles 'n Sneezes is actually, on the other side of Main Street. Meridian Planning & Zoning March 20, 2003 Page 31 of 64 Centers: It's not on this side, but it's on Pine, isn't it? McKinnon: It's Pine and 2nd , pine and East 2nd. Centers: Is it correct for me to understand that it has to go to O-T zone or it wouldn't have -- or it wouldn't be able to do a CUP? McKinnon: That's correct. Centers: Okay. In the R-4 it's not allowed? McKinnon: In the R-4 it's not allowed. That's correct. Centers: Okay. And how did you verify -- or the square footage is 35 square feet per -- McKinnon: Per child. The applicant -- Centers: Which -- and 30 children, that would be 1,050 square feet, so they are well within it. McKinnon: There are some areas that are not included in that. Centers: Okay. That's what I thought, like the kitchen. McKinnon: That's correct. Centers: At the bathrooms, how did you verify square footage on this submitted schematic? McKinnon: The actual verification takes place with the state licensing. Centers: Okay. Because there is no way I can calculate the square footage of this schematic the way it's submitted. It doesn't have the breakouts needed to calculate it out. McKinnon: That's correct. And I -- Centers: So, any approval would be verified by the state? McKinnon: It would have to be verified by the state and there is a requirement for the state licensing to approve that. In addition to that, the application is based on an approximation of 30 -- to an approximate 30. The state would set a maximum limit. Meridian Planning & Zoning March 20, 2003 Page 32 of 64 Centers: Why would we -- why would we rely on the state to do our work? If we are saying we require 35 square feet per child, why wouldn't we verify that before we would approve it? McKinnon: Mr. Chairman, Commissioner Centers, that's a state requirement for the 35 feet. Centers: So -- and -- McKinnon: So, it's a state limitation and that's why they are the ones that verify that. Centers: We have nothing in our ordinance? McKinnon: No. Centers: Okay. Okay. Thank you. Borup: We don't have anything saying that we adopt the state's standards or ask people to comply with the state's -- McKinnon: Mr. Chairman, Members of the Commission, we do require that they meet all the licensing requirements of the State of Idaho prior to the beginning of operation. Borup: That's what I thought. McKinnon: That's, actually, condition of approval number five on page eight. Borup: Okay. Centers: You do good work, Dave. Borup: Any other questions? Rohm: Yes. Borup: Commissioner Rohm. Rohm: Yes, Mr. Chairman. I have one question on this acceptable alternative for the handicapped parking. Dave, do you have a proposed alternative for that parking? McKinnon: Mr. Chairman, Commissioner Rohm, I do. I played with it myself and I have come up with some ways they could make it work. I'm not in the business of designing things for people, but it can work and I would be happy to share that with you if you like. I have drawn on my site plan, but it would require them taking some access off of 3rd Street. Meridian Planning & Zoning March 20, 2003 Page 33 of 64 Rohm: Okay. Well, maybe we will just wait and let the applicant speak to that and see where we go from there. McKinnon: That sounds great. Thanks. Rohm: Okay. Thank you. Borup: And that's where it needs to come from, but from reading the staff report they would -- they would lose one of the present parking spaces there to accommodate that. Would the applicant like to come forward? Schmeckpeper: I would. Borup: Okay. This would be an opportunity for you to explain anything else to the Commission that you would like on this application. Schmeckpeper: Well -- Borup: Go ahead and state your name for the record. Schmeckpeper: My name is Merlyn Schmeckpeper, Mr. Commissioner. I think pretty much it's been covered. As you can see, the dilemma, if it can be called that, with the parking, can be resolved. As far as any other issues, I didn't really hear any that would cause any problems or concerns. Day care centers or childcare centers are also considered a good neighbor as far as neighborhood development. The city, I think, is in need of a center like this. The location is excellent, close to the center of town, easy access to highways and freeways and, as Dave's mentioned, it is on a collector street that accommodates the traffic. We are a little bit reluctant to involve ourselves in the access to 3rd Street, because of the irrigation ditch, but, as you can see, there is adequate property there and I think this can be resolved without any problem. What I would like to ask you to do is judge on this tonight, allowing ourselves and the academy and the Planning and Zoning, to work out adequate and acceptable parking with the Planning and Zoning Department. When these things are postponed, they not only increase your agenda, but they also cause large delays. So, I would ask you to accept that and allow us to work with Planning and Zoning to resolve the parking issue. Borup: Did you have any questions or issue with any of the other -- did you have a chance to read the staff report? Schmeckpeper: No, I have not read the staff report and I have not seen it. I listened to it this evening and unless you have had some other concerns that I'm not aware of or didn't pick up on -- Centers: Well, Mr. Chairman, that's the question I had. Could I call you Merlyn? Schmeckpeper: Yes, you may. Meridian Planning & Zoning March 20, 2003 Page 34 of 64 Centers: I appreciate it. Schmeckpeper: Certainly, Jerry. Centers: You're named as the applicant -- that's fine. You're named as the applicant for the rezone and we have another individual named as the applicant for the Conditional Use Permit. Schmeckpeper: That's correct. Centers: Who is going to be responsible here? Schmeckpeper: As for -- Centers: The applicant for the Conditional Use Permit, that's the nuts and bolts of it. The rezone would give you an O-T zone. You're -- you know, I take it you're the landlord and owner of the property? Schmeckpeper: Yes. Yes, I am. Centers: You're going to rent to the applicant? Schmeckpeper: That's correct. And we are working together with them. We will work together. I will take the responsibility for that, as the owner of the property, and we will work with the Academy folks to accommodate whatever we can determine and make agreeable with the Planning and Zoning. We have got the property there to do it. We arranged it this way -- I talked with Dave about it and he says, well, it's submittable like this, knowing full well that we may have to make some concessions on it. As far as the buffer now, I do have a bit of a problem with that landscape buffer, because the five-foot does meet standards and regulations. Centers: No. Fifteen -- or twenty feet meets code. Schmeckpeper: Well, if that's the case, then, I was informed wrong by your Planning and Zoning. Borup: Yeah. Schmeckpeper: Excuse me. You're talking on the front of the property now, I believe, Mr. Chairman? Centers: You're wanting five feet; correct? Schmeckpeper: On the backside of the lot where the parking will be. Meridian Planning & Zoning March 20, 2003 Page 35 of 64 Centers: And -- Borup: Yeah. The staff reports says that the landscape ordinance requires 20 feet. Schmeckpeper: I'm sorry? Borup: The landscape ordinance is 20 feet, as stated on the -- Schmeckpeper: On the front side. Borup: Well, a buffer between -- between uses. Schmeckpeper: Well, then, I was informed wrong from the Planning and Zoning, because I was informed that five foot on that parking side would be adequate. Borup: You mean on the alley side? Schmeckpeper: No. No. No. On the -- on the north side. Borup: On the north side -- on the north side is the school, isn't it? Schmeckpeper: No. There is one residential there. Borup: Yeah. Okay. Centers: And code is 20 feet, another -- Borup: David, how is the staff report delivered to the applicant? Are they called or notified or -- McKinnon: Well, it can happen one of a couple ways, Mr. Chairman. Typically, the staff report is e-mailed to the applicant at the same time it's e-mailed to the clerk's office and that way they receive it the same time the clerk's office does. If there is no e-mail that's associated with that, it's sent to the clerk's office and the clerk's office, then, contacts the applicant and lets them know that there is a staff report available for the applicant to pick up at city hall and I have talked with Jessica, our city clerk representative here tonight, and she stated that she has tried to contact both of the applicants prior to tonight's meeting to have them pick that up and there was no response. Borup: Okay. That's what she just -- there were phone calls made and -- but also there would not be time for mailing to -- well, if it was mailed they would have got it by yesterday. Schmeckpeper: I'm sorry. I was listening to Bruce. Just me. Meridian Planning & Zoning March 20, 2003 Page 36 of 64 Borup: Well, they said they had made phone calls to try to notify you, both -- actually, both of you, that there was a staff report. Schmeckpeper: They tried to? Borup: Made a phone call, no answer. Schmeckpeper: My phone is always answered on an answering machine. Borup: Have an answering machine? Schmeckpeper: Yeah. And, usually, there is somebody there 90 percent of the time. However, we did not receive it. I'm not concerned about not receiving it. Borup: 9494; is that the correct phone number? Schmeckpeper: Yes. That's correct. Borup: Okay. Well, I'm a -- we'd like to have -- make sure the applicant knows what the staff report said, so they are not surprised about something that we are going to -- Centers: Did the other people receive it? O'Toole: Well, we did not and -- Borup: Okay. I still think that -- we are probably looking at two issues. One, the landscaping buffer and the other would be parking. So, those are probably two things that we ought to discuss. Now, have you -- have you played with the design a little bit or is this the first -- tonight the first you knew about the six stalls? Schmeckpeper: We have played with it to some extent. We were not -- I was not under the impression it was going to be this big of a situation. Planning and Zoning accepted this and said this should probably be adequate. Obviously, it's not. Borup: Should be or could be? Schmeckpeper: Take your choice. Centers: Mr. Chairman, could I make a suggestion, that the two applicants maybe meet with staff for about ten minutes while we hear the testimony of the other people here? Because there is not that much to the report and they could go over it with them and show them the -- McKinnon: Mr. Chairman, Members of the Commission, if we are going to do that, I would suggest that we actually take a break, because if the applicant is here talking with us at our table, we won't have an opportunity to hear the things to rebut on the final Meridian Planning & Zoning March 20, 2003 Page 37 of 64 comments. So, if we want to take a break, I'd be more than happy to meet with the applicants at this time. Borup: Okay. Is there anything else -- Centers: I would be for that. Borup: Yes. So, that would be -- take a look at a parking design and maybe discuss the buffering. Is there anything else? That's basically it. That should be covered. Rohm: I would like to hear your proposed parking after you've had an opportunity to talk to staff, though. Schmeckpeper: Sure. Rohm: Okay. Schmeckpeper: No problem. Borup: Okay. We will take a short break at this time. About a ten minute break. Is that what we are thinking? Schmeckpeper: I think that's probably adequate. Borup: Thank you. (Recess.) Borup: Okay. We are reconvening our meeting. Schmeckpeper: I have just some -- Borup: Input? Schmeckpeper: No. I'm just asking if you folks have any other questions of me. I would also like to state as I depart here, this does fall in line with the new Comprehensive Plan as far as zoning change to Old Town. Borup: Right. Schmeckpeper: And as we all know, that whole street is beginning to commercialize. Borup: I believe the staff report -- Schmeckpeper: Stated that. Meridian Planning & Zoning March 20, 2003 Page 38 of 64 Borup: Stated that. Yes. Schmeckpeper: The parking thing can be resolved. Centers: Well, let me ask that question, Merlyn. To be resolved, the staff would like to have that back to us prior to the City Council meeting or you apply for a variance through the City Council. What's your preference? I can't tell you whether a variance is going to be easy or -- Schmeckpeper: I think we'd have to -- we didn't discuss that with the zoning folks. Centers: I guess I'm letting you -- Schmeckpeper: What's the best way to go, Dave? Centers: You're short one parking space, the way I read it; correct? Borup: Yes. McKinnon: Yes and no, Commissioners. Centers: Unless we see a revised plan. McKinnon: Unless we receive a revised plan, they would actually be short, because we need the ADA parking stall, which we don't have right now, to revise the plan to make them two short, rather than just one short. But a variance is an option that they do have and that was not discussed here at the table, because it was in the staff report and I should have talked to them about it. Mr. Chairman, Members of the Commission, the variance would be for the applicant to have some on-street parking count for this -- recognizing the Meridian City Code under the guidelines for child care facilities, one of the things that they state in child care facilities it's not tied specifically to Conditional Use Permits or child care centers, but also addresses the child care facilities in the residential areas, that they should not have on-street parking on a collectors or arterials. So, it would be fairly hard to go against code and recommend approval of the variance that says day care facilities should not have off-site loading on collectors or arterials. Centers: If they were to have it, it might be tough. Schmeckpeper: We would agree with that, too. We don't want to go for the on-street parking. Centers: Yeah. I guess I wouldn't want you to either, because my kids -- you know -- Borup: Yeah. I would agree with that. I assume that there is on-street parking that would be for employees. Meridian Planning & Zoning March 20, 2003 Page 39 of 64 Schmeckpeper. I don't think we would want to go that route. We can discuss that amongst ourselves. So, if I understand you correctly, our options are that we need to resubmit the plans? Borup: Showing the six parking spaces and revising the landscaping plan. Schmeckpeper: Okay. We are not -- you folks won't allow us to move ahead, so that we can work this out with Planning and Zoning? That was my wish, because I mean everybody can see it's a doable thing. Borup: It is. Schmeckpeper: And we just drew it up over here in a quick -- Borup: It may be up to the Commissioners. I know City Council has requested when we forward something onto them, that it be a clean application and that the details are worked out prior to their receiving it. Centers: And don't forget the handicapped parking spot. Schmeckpeper: You know, we have got that -- Borup: Now, I guess it could be -- that is an option, staff could work it out with the -- whatever criteria we wanted to recommend. Rohm: Well, I think before we assume that those are the only issues, we should listen to -- Borup: Well, right. Yes. Rohm: What are the terms and, then, you will have a chance to respond to those as well and we will move forward. Centers: Good idea. Borup: As Commissioner Rohm mentioned, this is time for anyone else that has any testimony on this application to come forward, for those that would like to. Please do. Rokovitz: My name is Darrin Rokovitz and I presently live in the residents that is north of the requested site, between that and the school lot. Correct. Several of my concerns. I noticed in the staffing notes that they mentioned that this would not increase the traffic flow, noise, or pollution. Currently right now I live there, a couple other people live there, it's been strictly residential up to this point, so you're looking at maybe just a couple cars coming and going from that particular location. If a child care is put in there, we are looking at up to 30 children, which, even if you do an average, you're probably going to have a good 15 to 24 plus cars coming and going. Meridian Planning & Zoning March 20, 2003 Page 40 of 64 Borup: You're talking about on Pine Street or are you worried about traffic on 3rd? Rokovitz: Essentially, Pine and/or the alleyway, depending on which way they may -- I understood that they -- well, actually, I understood that Pine Street was addressed as being adequate to handle the flow, so I also have to look at 3rd Street and also the alleyway. Borup: Yeah. The alley is what is planned right now. Rokovitz: Correct. Okay. Borup: And depending on how the design comes out. Rokovitz: Okay. So, right off the bat, there is a considerable increase of traffic flow there. One of my major concerns is, granted, this is a location near schools and part of that is my big concern. I'm currently a father of two children and the kids do walk that street very heavily mornings and afternoons. If you have 15 to 20 cars coming and going from a single alleyway of that nature, besides the possible congestion, that's 15 to 20 cars additionally coming and going in and out of that alleyway. Borup: Is the alleyway where the -- is there access to the school site there? Rokovitz: To the school site? No. The sidewalk that comes down along Pine Street on the side of the -- Borup: Okay. I think I understand. I thought maybe the school might have had a gate or a fence or something. There is a little button on the side. Rokovitz: Okay. So, the sidewalk that is actually on the side here – okay. They are actually -- I don't know if they have closed it off at this point. There was one on 2nd. Okay. That one is closed. So, at this point just the sidewalk here. Well, you have got children that live all throughout this whole area and this is one of the main feeders coming down this sidewalk to all the children that do walk to school and it is fairly heavily traveled in the mornings and at nights, the kids, you know, they walk to school and walk from school and we are looking at, you know, a considerable amount of traffic, potentially, coming in and out of this alleyway, which could get considerably congested as well, because it only allows for one vehicle coming or going. Borup: So, the school doesn't have any access on any of the other stub streets? Rokovitz: Currently right now there is a fence running solidly all along here and all along here, which this is the actual playground area. They have limited -- there is one access at this back corner and, then, the other accesses are right at the school area. Other than that, it is a solid fence. Meridian Planning & Zoning March 20, 2003 Page 41 of 64 Borup: Where was the other access? Rokovitz: There is one back in this area. Borup: Back there? Okay. Rokovitz: And, then, of course, you know, there is some over on this side and, then, right here, which this is, actually, approximately, a parking lot for the school. So, the kids do definitely -- you know, this is the main -- one of the main feeder routes that kids that are walking to school do travel, my kid included. So, you know, I do have a pretty good concern about the increase in traffic flow in and out of that alleyway with the kids. Depending on how the issues are resolved, we also have, you know, potential for increased traffic here. Currently, a lot of traffic flows into here, because they think it is a through way. People just don't notice it. They come -- they come in here fairly fast and notice, oops, dead end, turn around, pull back out. Borup: Is there a dead end sign on that? Rokovitz: There is, actually, and, believe it or not, people don't read. So, that's -- and it is a fairly small turn around there, so one car getting in there, they actually -- they cannot physically turn around. They have to go in, turn a little bit and back up, and, then, turn around, you can't just by just turning in one cycle. So, it is kind of a narrow road, in and of itself. You know, I would have additional concerns about the flow. If you get even half the cars -- you know, five or ten people showing up at one time to drop kids off, which I would think would be fairly reasonable, that potentially this whole back area where the proposed lot is going to be is going to be packed. This way it's going to get congested and, then, you're looking at people will -- they will do whatever is necessary to drop their kids off, so they potentially may look at parking on the street, coming up into 3rd, and we have already had a considerable problem in the past with congestion on 3rd Street. This opening needs to be -- there used to be a gate here, which allowed for people to come and go. You know, ball games, soccer games during the summer or whatever, this was open and they, actually, closed that off, because there was such congestion, people would literally park there, block our driveways so we couldn't even get out of our driveways half the time without having to try to hunt people down or potentially even revert to more drastic means to get them to move their cars, so we can just live. Those are just a couple of my concerns. Mainly, just the congestion and that people will do what they need to do in order to drop their kids off to get to work and also the fact that there is a main safety issue, I feel, due to -- due to the amount of increase in cars coming and going out, that there is not going to be any traffic crossing guards here. There are no traffic lights there. There is nobody that is going to be able to be doing it, other than the drivers themselves. Down here at the school crossing, of course, we do have a guard, even just across this little area to drive into their lot. I just kind of wanted to make that a concern. Borup: Thank you. Any other questions, Commissioners? Meridian Planning & Zoning March 20, 2003 Page 42 of 64 Centers: Yes. I had one question. I'm sure you can tell me, because you live right behind the subject property. I keep hearing an alley. Is there an alley behind the subject property? Rokovitz: Right here. Borup: On the side? Centers: Oh, on the side. On the side. Rokovitz: Right now currently between -- here is my property and the subject -- there is currently a dirt lot. Centers: Do you use that alley? Rokovitz: Do I? Not frequently, only on occasion. Centers: Do those other three houses use it? Rokovitz: Off and on, but not a lot. Basically, ours is for like during the summers when you have yard work to do, hauling out stuff of that nature. Other people have used it to access the back of their property, cable companies, and things of that nature do access that as well, because that's one of the main power poles is actually right here. Borup: What was your comment on the dirt lot? I didn't catch -- Rokovitz: Oh, it's just right now currently -- this right now is just a -- it's a dirt lot on the back and my property is right here. Borup: Okay. Rokovitz: And, then, this is the alleyway right there. Centers: I got that after we were talking. Thank you. Borup: Do you have any comment on the buffering between properties? Rokovitz: I do. Borup: You're the only -- you got the only property to buffer from, so I would be interested in your -- Rokovitz: Right. And this is my backyard here. My house. I'm kind of concerned -- like the staff report said, you know, no significant increase in noise, traffic, pollution. I really don't -- I said this is my backyard. This is my house right there. If it ends up in a parking lot, you're going to have cars coming and going all day or definitely during Meridian Planning & Zoning March 20, 2003 Page 43 of 64 certain times there will be heavy traffic flow. Cars there -- you get that many cars together, there is -- you know, my kids are going to have to be back here playing with these cars coming and going, the exhaust and the sound during the summer, you know, the exhaust, the sounds of them early morning. I don't know what their hours are planning on the operation, but -- Centers: When did you read the staff report? At break? Rokovitz: We read it prior to the -- prior to this meeting, yeah. That's when we finally saw it. We haven't seen it prior. Centers: Thank you. Rokovitz: So, I do have a considerable, you know, concern about the noise levels, the pollution from -- you know, the exhaust from that many cars coming and going, people getting in and out of their cars, you know, just everything that's associated with it, the kids disembarking. Even with the school ground next to us, there is a big buffer, because even the staff at the school do not allow the kids to come right up to the fence and play right there at the fence all day long. They actually -- they add in their own buffer, they do not allow the kids to be right there at the fence line, so that they can monitor them, keep them away from the residences, etc. And this is going to be right in our backyard. Borup: Well, the staff report recommends increasing the buffer to ten feet and, then -- and to go the entire length of the property and with some increased landscaping accompanying that. I assume those are all things that you would like to see? Rokovitz: Absolutely. As a minimum. Yeah. I mean anything that's going to basically try to cut down on the issues that that back buffer would do, we certainly want to see, you know, just for peace of mind in living there. Centers: What hours of operation would you expect them to have? Rokovitz: Just from my experience? Centers: Yeah. Rokovitz: Well, I'm a working dad. Most day cares -- they open as early as 5:00 in the morning. Centers: So, you would expect them to have that? Rokovitz: I honestly don't know, but I would imagine if they are going in the day care, I would expect something that early, because they are basically catering to people that start, you know, fairly early in the morning, roughly 5:00, 6:00 o'clock into the evening is just the norm and that's saying they are not looking at, you know, even additional hours. Meridian Planning & Zoning March 20, 2003 Page 44 of 64 Some places are 24 hours. But normal ones do open extremely early and, to be honest, I work night shifts -- or at least swing shifts, so I'm sleeping, you know, 5:00, 6:00 in the morning, I'm trying to get my rest. Sometimes 8:00 or 9:00, because I may not get home until 2:00 in the morning and you start getting a bunch of cars coming in there, doors banging, kids getting out of the cars, not exactly good peace for me to get my rest as well. Centers: You got to get to work? Rokovitz: Plus, my kids, you know, are sleeping. Yeah. Centers: Do you? Do you have to get to work? Rokovitz: Do I have to get to work? Tonight? No. I, actually, traded the shift and worked very early this morning, so I could be here, so -- Borup: Because the normal we have seen has not been that early, it's usually 7:00 -- usually 7:00 to 6:00, you know, time to get, you know, an hour before work and an hour after. Rokovitz: I'm just going off of what I had to check into from my job purposes and most of the ones I found were as early as 5:00, 6:00 -- one even more. At least by 6:00 in the morning. Borup: Okay. Anything else you wanted to comment on? Rokovitz: I believe that pretty much was my concerns. Borup: Okay. Thank you. Anyone else like to come forward? Come on up, sir. Crispelle: My name is Bob Crispelle. I live at 306 West Pine. I'm on the west side of 230 Pine Street. And I -- I have lived there for 11 years and I'd like to keep it a residential neighborhood. I don't know if you have a copy -- I'm sure you do have a copy of my small petition. Borup: Yes, sir. Crispelle: And, first of all, the four things, the safety of the children, especially walking to and from school on Pine Street, the congestion at 230 West Pine is right next to the elementary school is already congested, the third, traffic and noise impact and keeping this a residential neighborhood. Now, what I did when I got the notice of -- on the rezoning is I got some signatures together, I got 12 signatures, ten of those are homeowners in the immediate area on all sides, east, west, north and south, that oppose this day care center. And afterwards I got the mail out list, in which there are 32 mail outs, people notified, and according to my calculations 12 of these are out of town addresses or out of state. Meridian Planning & Zoning March 20, 2003 Page 45 of 64 Borup: Twelve of the 32? Crispelle: Twelve of the 32. And I presume a lot of those are rentals and there is three other probable rentals there on the list that are in Meridian with Meridian addresses. And my patio is across 3rd Street, is about 40 feet away from 230 West Pine and, you know, we have -- we had -- like Darrin was speaking, we had a real problem before the school put in the fence and they gated the ends -- I think 3rd and 2nd Street, because you couldn't park in your parking space before, people going off to ball games and all this, so we got that settled a few years ago. They just built a fence in it. But, anyway, I'm opposed to this, for obvious reasons. I like the residential aspect. We do have a business across the street a few doors down, Dr. Rutz's office. I don't see too much else in that area of Pine Street that's commercial within a block or so. There might be a -- you know, a hair styling place or something like that, but it's really still a residential area and also on this application summary, which I just saw this evening, use of 3rd Street for access parking, etc. That will really create a problem, because I know you people have been out, probably, to look at the property, but if you have lived there like I do, you get probably 10 to 12 turn arounds a week, dead end, and all kinds of loading and unloading and I think it would be a real problem. Anyway, I thank you. Centers: Sir? Crispelle: Yes. Centers: You did some numbers, too. I get 18 absentee owners. Crispelle: Yeah. I would think -- Centers: One of which -- Crispelle: Excuse me. Centers: -- is a foreclosure, it appears to me, because the letter went to the department of HUD in Santa Ana, California -- or Irvine. Crispelle: Uh-huh. Centers: You can look at it both ways, though. Crispelle: That's right. Centers: That, you know, you have absentee ownership, you have rentals in the neighborhood, and, possibly, it would be nice to not see the neighborhood continue to decline and you would have a property that could sustain itself and not become another rental. I think it's probably been a rental. I'm just guessing. That even if it weren't -- so see the other side of it? Meridian Planning & Zoning March 20, 2003 Page 46 of 64 Crispelle: Yes. Yes. Centers: And that's what I look at and I looked at 17 absentee owners. Seventeen. And, of course, they are not here, they don't care. Crispelle: And I figure a percentage of them -- or a large percentage might be indifferent to the whole thing, just because they are absentee, but -- Centers: Yeah. You're right. You're right. But, then, you look at the neighborhood and rentals -- don't get me wrong, there are places for rental properties, there are, but that one that went to the HUD in Irvine jumped out at me, because that's probably a foreclosure. Crispelle: I'm might add, too, that this -- this 230 West Pine has been -- being used for a day care center, as far as I know. Is that not -- no? Well, it was for the last two years before these folks moved in, because I live there and I see a lot of cars coming and going -- not 30 people, but maybe three or four kids -- taking care of three or four kids for the last three years. Borup: Any other questions? Centers: No. Borup: I've got some pertaining to comments on the traffic and -- which is one of my concerns here, too. I'm going to ask this to the applicant also, but I wonder what -- if there was an access from 3rd Street to the alley where they could drive through, do a drop off, and drive out, there would not be any backing up and trying to turn around -- you said it's hard to turn around and -- do you think that would be a better traffic flow situation? Crispelle: Well, no, I don't. I'm against using 3rd Street, for the obvious reason it will become parking and not just because there will be people that won't want to drive in there and they will just park on 3rd Street and we are right back to where we were when the school didn't have the fence and it was pretty bad. People just going off to the game and leaving their car parked in front of my neighbor's driveways, both of them. Borup: No. I mean for the day care. Crispelle: Yeah. Do I see a problem in using 3rd Street? Is that what you're asking? Borup: Well, I think that would help the traffic situation. Crispelle: Well, no, I think it would make it worse, because people are going to do what they are going to do. I mean if there is parking in front, they are usually in a hurry, they will probably park in front. But I certainly don't want to see -- Meridian Planning & Zoning March 20, 2003 Page 47 of 64 Borup: What would prevent them from parking on 3rd Street now as it is? Crispelle: Well, nothing, except there is not a lot of room to park on 3rd Street. Borup: Exactly -- Crispelle: Well, it's a dead end street and I have -- I have a camp trailer, I have two or three registered vehicles I park there and -- Borup: I guess that was my thought. If there was a drive-thru, there would be no necessity to park there and they wouldn't have any -- Crispelle: Well, in theory I would agree with you, but, in practicality, I think it would become a parking access. Borup: Well, I think that's probably all we are doing is talking theory here. Crispelle: Okay. Borup: Thank you. Centers: And, sir, you live here? Crispelle: That's correct. Centers: Right there? Crispelle: 306 West Pine. That's correct. Centers: Okay. Thank you. Crispelle: Thank you. Borup: Is there someone else that would like to come forward? Come on up. Price: Richard Price. I live at 821 West 2nd . Could I use your -- I live -- I live right here. The problem I have with this going in there -- I have been fighting ACHD -- I bought this house -- I was a partner as a -- I was originally going to use it as an investment and after living in the neighborhood for awhile, I decided I'm going to turn around and fix it up and sell it, but I couldn't sleep nights. I committed myself to make it a safer neighborhood. It's absolutely nuts down here. From this street -- from this area right here you literally have, I kid you not, hundreds of moving violations a day. If you drive 25 miles an hour down the street, you're going to have people tailgating you. What they are doing is they are coming down this street and they are cutting through here, they are going down here, they are cutting like this, they are going all different ways in here. Meridian Planning & Zoning March 20, 2003 Page 48 of 64 Yesterday one of my neighbor's kids, a car came cutting down this street right here, came right around, missed him by five feet. In this neighborhood right here alone, not even counting my two kids, there is probably at least 15 kids that live right in there. The traffic is incredible down here. This intersection here, you have constant traffic backed up. They are going around each other, which, as we know, is illegal, and you have people going down this street here, which is 25 miles an hour -- how do you guys keep that so steady? But, anyway, going down here, they are going 35, 40 miles an hour, they are cutting back here to get back on there, and it's the same thing that's going in here and it's this -- what I'm talking to ACHD is I want four way stops all the way down here and I want speed bumps down there, a total of 18 stop signs I'm working on. I'm meeting with them again tomorrow for like the 6th time. Borup: On Idaho you're talking about? Price: Oh, I'm talking about -- yeah, I want them on Idaho and on Broadway, even though Idaho is the one that really affects myself. But this is just -- it's just as bad down here. It's incredible that -- until this road -- and I talked to Dave about this. Until this road goes south one way and this one goes north one way, it is going to continue to just back up and you can sit out here and you can go out there -- I went out there with a video, because I was going to send it to the Mayor. I had that thing so filled up full of cars within 15 minutes it was a joke and it made absolutely no sense when I reran it and ran it back. It's just it would be -- if you go in and you allow this to happen, I figure you're going to have as many as 100 to 150 trips going back and forth here and this is going to be increased -- the backing up of cars going -- and they are just going to force more cars coming in here. I'm purely here just for the traffic. I can appreciate somebody trying to start a business to make a better life for themselves, but at the expense of the neighborhood back here, whether they are renters or not -- and, you're quite right, the house back here was sold and closed within the last couple of weeks. But it is primarily renters living back in there. You have a lot of apartment complexes back in here and what they are doing is they are just -- it's not meant for this. When they put apartments back in there and the paths, in my opinion, they are making mistakes. These roads are not meant for that type of traffic. And if they'd just put stop signs, for instance, here, just on these streets, it won't work, because it's just going to continue to just go down and just scoot it right back in there. And if you're going to allow them to have this come in here, it's going to back this up. You will see from Meridian sometimes backed up to here at 5:00 o'clock and I suppose you drive out of here, you know, if you're living over here and you see the same thing and what they are doing is -- it just goes on and on and on. For some reason on this side of town they don't understand you have to yield to the right. You go to this side of town over here, you go back on those streets back there, it's just like the north end of Boise, people yield to the right, but for some reason -- I tried to get ACHD to put a sign up there, yield to the right. They don't make such a sign. The guy says at the last meeting I had, says you want me to put 18 stop signs up? I go, yes, if that's what it takes to safe these kids' lives, it's going to happen. But you can go out there, there is no place for these kids to play, you put apartments upon apartments back in there, there are no parks in there, these kids are playing in the street and that's the way it works. They play in the alleys and they play in Meridian Planning & Zoning March 20, 2003 Page 49 of 64 the streets and that's what it comes down to. If you allow this to happen, you're just going to add to the problem that's going on in there. And this is a big bottleneck that you had. It kind of reminds me of my family's ranch, you have like an eight inch pipe and, then, you get down to six, then, four -- you know, you get the pressurized like that, and that's what we have here, we have a big bottleneck and it's risking our lives back there, it's risking my kids' lives. My kids are 11 and 14. I don't let them go outside and cross the street to play with their friends unless I'm out there. It's that bad. Borup: Okay. Thank you. Any questions for Mr. Price? Thank you. Centers: He made his point. Borup: Anyone else? Let's see if we got anybody new yet. Has everyone else had a chance -- come on up. Crispelle: Bob Crispelle at 306 West Pine. A year and a half ago the lady directly across from 230 West Pine -- as I was going duck hunting and we were talking and she was turning in some water at the irrigation ditch and she's an elderly gal and she walked across the street, looked both ways, and it was about 10:30 in the morning, a gal that was driving, because of the sunlight, didn't see her and hit her and, thank God she's alive, but 400,000 later and about two years convalescing, but it -- you know, accidents happen, but this is a very busy road. Thank you. Borup: Thank you. Centers: Mr. Chairman, I would like to hear from the applicant for the Conditional Use Permit, the spokesman for the applicant. Borup: Okay. I think she's coming. O'Toole: Good evening, my name is Sharon O'Toole and I am one of the applicants for the Conditional Use Permit for this property and I would like to address some of the concerns that I have heard. I'm hearing that there are many, many children in that neighborhood and our intention is to be a good neighbor. Our intention is to provide a place for some of those children to be. We talked about the traffic on -- we live on Rosehan, which is just on the other side of Linder Road. We live in that Merrywood addition there, and I come up and down Pine Street every day on my way to work. There is traffic there and there is traffic every day, but I have driven by that house -- we have been contemplating this for months and I have driven by the house every single day going to work and coming home from work and I have never seen tons of congestion in front of the building. Not ever. We talked about traffic flow and you mentioned the exact time that we were talking about it, coming into the alley, arranging the parking along the back of that property against the landscaping and providing egress onto 3rd Street, which leaves an even flow so there is no backing up and there is no -- no confusion about getting in and out of the property. This is a very small facility in terms of a day care center. Thirty children is a very small facility. It is intended to be Meridian Planning & Zoning March 20, 2003 Page 50 of 64 a good pre-school, a school that focuses on pre-reading and pre-cognitive skills and we expect to set standards for parents. I don't foresee a situation in which we have people dropping their children off and taking off or parking in places that are unauthorized. The school wouldn't permit that. We would stop the parents from doing that. I don't see this as an uncontrolled situation at all. So I mean -- Centers: Are you Mrs. Sharon -- O'Toole: I'm Mrs. O'Toole. Yes. Sharon O'Toole. Centers: O'Toole? Thirty children? O'Toole: Thirty children is our estimate at this point, based on the square footage that we measured. We are not sure exactly what the licensing people will say about the kitchen area, because it's very open and there is -- there is a lot of space there and we are probably going to use part of that space. Not as classroom space, but it's going to be a dining area and that is considered space that children use. Cooking space is not considered space that the children can use. So, I don't know exactly where they are going to draw the line there. So, I'm expecting the licensing to come in the area of -- I'm guessing between 28 and 32. I think 32 is probably the max that we would be licensed for, so -- Centers: Well, if we do a max, it's going to be a max. If we do a max of 30, that's -- you know. O'Toole: Okay. Well -- Centers: There is not going to be any -- O'Toole: There is a state agency that licenses pre-schools and this will be a licensed pre-school and they -- they physically come in and review the space and determine what space they consider usable by the children. Centers: Yeah. We covered that. But do you intend to have children in the morning -- some children in the morning, different children in the afternoon? O'Toole: We are -- the hours that we expect to be open are 6:30 to 6:00 p.m. and, typically, most children begin to arrive at school between 7:30 and 8:30. That's the time that most people drop their children off and go on to work for a full day. I have run several pre-schools and most of the time they are open at 6:30, but most of the time there is nobody there at 6:30. That's just for the occasional parent who needs those early hours. And there may be one or two or three children there at that hour, but, typically, not much. Centers: That didn't answer my question. Meridian Planning & Zoning March 20, 2003 Page 51 of 64 O'Toole: Okay. What's the question? Centers: I understand how they operate. We have experienced them, too. You're going to have different shifts, though, maybe 15 children in the morning and, then, 15 different children in the afternoon? O'Toole: No. Most of the children -- Centers: Or are you going to have 30 all day? O'Toole: They are probably -- most of the time there are mostly 30 all day. Centers: Okay. O'Toole: Okay. Centers: Mostly? O'Toole: Now, there may be an occasional child that comes in later in the day and -- Centers: And the way the permit works -- I'm going to call the children customers. O'Toole: Okay. Centers: Each child is a customer. O'Toole: Okay. Centers: If we approve it for 30, you cannot have more than 30 customers. You understand that? Most people don't. O'Toole: That's not how -- that's not how licensing works. Centers: Jump in, staff. Borup: I'm not sure that applies to this type -- Centers: It doesn't? Borup: -- as opposed to an accessory -- O'Toole: What the state license requires is that you never have more children on site than you're licensed to accommodate. Borup: Well, I think Commissioner Centers is referring to like a maximum of six and some of those were within an R-8 zone. Meridian Planning & Zoning March 20, 2003 Page 52 of 64 Centers: Well, that one we had was 15. Borup: Yeah. That was an R-8 zone. Well, let's have -- O'Toole: I guess don't understand the question. Borup: Let's go -- Centers: So, you're okay with 7:00 to 7:00 or 7:00 to 6:00? O'Toole: Sure. Centers: Okay. McKinnon: Mr. Chairman, Members of the Commission, the applicant, when determining the number of children to be cared for during the day and, then, they way the definition is written, it's written for determining the type of child care facility and for a commercial child care facility you can have more than 12 children throughout the day. Let me read to you the way it's worded and I will have some comment, if needed. It should be noted that in determining the type of childcare facility that is being operated, the total number of children cared for during the day and not the number of children at the facility at any one time is determinative. So, what that basically means is that when we are dealing with a family childcare home, five or fewer, Mr. Centers, you're correct in your definition. If we are dealing with group child care homes, that's for six to 12 children throughout the day, that applies to your definition. When we are dealing with childcare centers with more than 12, that definition does not necessarily apply to that, because you're allowed to have as many children above and beyond 12 as you, as a Commission, deem is appropriate. If you'd like to place a condition saying no more than 30 throughout the day cumulative, rather than just 30 -- it's up to you, but it does not necessarily apply to -- Centers: Right. And that's what I'm leading up to, because that is -- that dictates the number of trips. McKinnon: Correct. The vehicle trips are tied at just over four vehicle trips per day per kid. Centers: Is that what you -- I was looking for it, four per day per kid? McKinnon: It's, actually, just a little bit more than four per day per kid. Borup: You're dropping off and, then, leaving and picking up and leaving? That's the four? McKinnon: That's four. Meridian Planning & Zoning March 20, 2003 Page 53 of 64 Centers: Right. Borup: That would be four per family, if you have more than one children -- child. O'Toole: Right. You're counting coming and leaving as two trips. It's one car, but you're counting it as two trips. I'm coming to school -- Borup: Yes. That's how ACHD -- O'Toole: That's one trip. I drop my child off, I'm leaving, that's trip number two; is that what you're saying? Borup: That's how ACHD counts it. O'Toole: Okay. There is a difference between what is called a home day care, which is what he was describing, day cares that are allowed to have five or fewer children, and a commercial day care and we are talking about commercial regulations -- regulations and commercial license. Okay. So, there is a distinction there. Like I say, in terms of day care facilities, this is one of the -- this is about as small a commercial facility as you will see. Any other questions? Centers: So -- and you can stay there. Staff, we can put whatever conditions we like, regardless of the state license? I think Mrs. O'Toole keeps referring to the state may allow 32. If we want to put a max at 32 and a max at 30 customers, we can do that. McKinnon: That's correct. Centers: Correct. So, you understand that? O'Toole: I understand. I understand. Centers: Okay. I guess we override can state. Can you believe that? O'Toole: Sure. I can believe that. Borup: It's because it's a conditional use, so that would be a condition. Centers: Do you know the use of the property prior to -- or right now or just prior? O'Toole: I believe it's being used as a residence. At this point it's being rented. Centers: They haven't been using it as a day care or -- O'Toole: Not to be knowledge. Meridian Planning & Zoning March 20, 2003 Page 54 of 64 Schmeckpeper: Never has been. Centers: Thank you. O'Toole: You're welcome. Borup: Any other questions from any other Commissioners? Thank you, Mrs. O'Toole. Merlyn, did you have any final comments? Schmeckpeper: Yeah. Just a couple, I will make them short and sweet. I wanted to just correct -- you asked just a moment ago if it had ever been used for a day care center the entire time -- Centers: Well, another individual referred to that, so -- Schmeckpeper: And that's what I wanted to make a correction on. Definitely. No, it has never been, during my ownership, which has been approximately three and a half years. I think if you talk to the neighborhood over there, because I have had comments from many of them, prior to my purchasing that property it was a mess. I think that there is many of you that have driven by in the last few years and you can see that it is now a presentable piece of property. That's the way we keep all of our properties. So, I think it was an addition to the neighborhood, an upgrade, if I please. We purchased it and cleaned it up and presented it as it's presented today. Centers: It's presently a rental? Schmeckpeper: It is presently a single family dwelling rental. Centers: Uh-huh. Schmeckpeper: It has never been anything else in my ownership. The people I bought it from -- I think that was the owner's brother or something that had lived there for some time, but I can't go back beyond that, because I don't know. Centers: So, your only involvement, sir -- you're the owner and you're applying for the rezone and you're going to be the lessor? Schmeckpeper: That's correct. Centers: Okay. Schmeckpeper: And we will be responsible for whatever conditions have to be taken care of in the property, as far as the parking lot and things like that, bringing them up to code. Another issue I'd like to address -- and I'm sure you folks are aware of this. 3rd Street is now a dead end street. It was designed for through traffic, a standard subdivision of old day's traffic, so whatever traffic is there today is minimal, compared to Meridian Planning & Zoning March 20, 2003 Page 55 of 64 what that street was originally designed for, because it's now a dead end. The foot traffic situation, those sidewalks are five foot and they are relatively new in front of the premise and they are designed to maximum code at this point in time, as far as I am aware. So, it's very able to carry proper foot traffic or heavy foot traffic. And I think that's about all I have, gentlemen, unless you have another question of me. I appreciate your time and the opportunity that maybe we can work through the parking with the P&Z and get this thing on up to the Council. Thank you very much. Borup: Thank you. Commissioners, do we have some discussion? Rohm: Well, I'd like to ask staff a question, if I could? The designation of Old Town, which this piece property of falls within that area; correct? McKinnon: That's correct. Rohm: At the time that that was developed, was the logic so that you could bring in businesses of this type by that definition? Isn't that what the reason for Old Town was all about? McKinnon: Mr. Chairman, Members of the Commission, Commissioner Rohm, I, actually, did address that specifically in the staff report. I don't need to refer to that. But the ability of changing the use in the Old Town is something that was brought up in the Comprehensive Plan and that was part of the intended use of the Old Town zone is for the redevelopment of existing single family to other uses, other than single family residential. Borup: Didn't the last Comprehensive Plan increase the boundaries of Old Town, though? McKinnon: Mr. Chairman, Members of the Commission, the Comprehensive Plan is right over there, I will just -- there is a large brown area and it, actually, made the Old Town area much larger. Again, when you're dealing with the Comprehensive Plan, we are dealing with a future land use, rather than existing land use. The current zoning for the property is R-4. Upon receiving the request for annexation, we had to look to the Comprehensive Plan map to see what the future zoning designation for the property should be and at the time of the adoption of the Comprehensive Plan, it was felt that it should be Old Town zoned. Borup: Has it always been R-4 since -- I mean not always, I guess since -- the other lots around it don't look large enough to comply with an R-4 zone. This lot is, but a majority of them don't. McKinnon: Mr. Chairman -- Meridian Planning & Zoning March 20, 2003 Page 56 of 64 Borup: I'm not saying that -- oh, wait a minute, here are the boundaries. Yeah. It looks like most of them are probably 60 -- 60 foot lots, aren't they? This one is 120. Okay. So, half the lots would not meet an R-4 zone standard. McKinnon: Right. Mr. Chairman, Members of the Commission -- Borup: I mean the lots that -- go ahead. McKinnon: Mr. Chairman, Members of the Commission, when they determined the Old Town boundaries for the new Comprehensive Plan, they, essentially, looked at the original township of Meridian and set that aside as the area to be part of Old Town and that's where they came up with the kind of odd shape that the Old Town has on the new Comprehensive Plan map. When this was developed, it wasn't developed to today's R- 4 standards and so it was developed to different standards that were adopted at the time this was developed. Borup: So, that originally was designated R-4. McKinnon: It was designated as something before it was R-4, just like all the rest of the Old Town was designated as something before we had -- Borup: They didn't have zoning, then. McKinnon: That's correct. We didn't have the R-4 zoning. It may have been an R zone. Borup: I was just wondering why it's called R-4 now. McKinnon: Probably because that was what was the closest fit at the time when they -- they just tried to shoe horn it into the R-4 zone. Borup: It doesn't sound like it was the closest fit. McKinnon: R-8 may have been more appropriate. Borup: Yeah. I guess it doesn't really matter. I don't know why I brought that up, but it just seemed an oddity to me that most of the lots are 7,000 feet or less or, in that range, why it was even zone R-4. Okay. Did that answer your question, Commissioner Rohm, on -- Rohm: Well, I guess it did. I guess my point was -- is if, in fact, you have a designation of Old Town and this would be one of the things that could be -- the property could be used for within that definition of Old Town, it almost seems like it falls within the intent when Old Town was created. That was where I was going. Meridian Planning & Zoning March 20, 2003 Page 57 of 64 Borup: Well, I think it does. Maybe the difference here is this is more on the perimeter, it's more on the periphery of what the -- you know, previously it was referred to as Old Town. But it sounds like the present Comprehensive map plan boundaries of Old Town was, actually, the old town, hence the name? McKinnon: Hence the name. Mr. Chairman, Members of the Commission, just -- when Commissioner Rohm just mentioned the intent, we do have in our code book the schedule of use control, which says what uses are allowed as permitted uses and which uses are allowed as conditional uses and the day care use is a conditional use in the Old Town zone. It's not permitted as of right, it's only if it makes sense in that zone and you guys sit as a quasi-judicial body to determine whether or not it makes sense and whether or not certain conditions should be placed upon that. Rohm: Thank you. That was where I was going with it. Borup: Yeah. Otherwise, it wouldn't be a condition use application. Rohm: Right. Centers: Could you name some of the permitted uses? McKinnon: As of right in the Old Town zone, churches, family child care home, libraries and museums, public parking lots, and -- Centers: Family childcare home would be a fewer number of children? McKinnon: Yes. And the other uses that are permitted as of right would be home occupations, libraries, and single-family dwellings. But there is a whole list of conditional uses in the Old Town zone. Centers: Right. Thanks. Mr. Chairman, I guess what I -- you know, I can understand the applicant and time is of the essence and -- but I guess I would like to see a definite parking plan, how they intend to come in and go out and, of course, I -- you know, I'm with the staff, that the ten foot minimum buffer. I would also like to know how many kids could be allowed in that house per the state requirements, max. It's 1,450 minus this, minus that, and, then, you end up with 35 square feet per -- I'd like to know what that is and I guess I'm proposing that they come back to us with that information and with the information on the parking and get it the way it's supposed to be before we send it to the City Council. Borup: I think maybe we can get some information -- or maybe some input from the applicant on the -- well, let's discuss that, on the numbers, whether they have to have the license people come out first -- Centers: Well, they are going to have to come back if we recommend that and, then, they could have that at that time. Meridian Planning & Zoning March 20, 2003 Page 58 of 64 Borup: Did you have a comment on the number of children? Sheridan: Yeah. We have -- Borup: You need to state your name, please. Sheridan: Okay. My name is Debbie Sheridan. I would be the on-site director of the pre-school. We measured the space ourselves and we, actually, only came out to 28, so we put 30, because we weren't sure what the licensing agency would come out to. Borup: Okay. You previously said up to 32, possibly. Sheridan: Well, our measurements came out that we thought it would 28, but we couldn't be real solid on that, because the kitchen space is so open. They allow you to use some of that space. Borup: So you're figuring a minimum of 28, by your calculations? Sheridan: That was our calculation and we measured the area the first time. Borup: Okay. Sheridan: And that's, like I say, one of the reasons we chose that building and looked long for a building, was we thought it was an ideal location, because it was a nice neighborhood and we thought it was a nicer place to put a pre-school than say in a shopping center where I see many pre-schools. And, yet, it's a well traveled road, but a visible building. Borup: Okay. Thank you. Sheridan: Thank you. Borup: Well, I agree with Commissioner Centers' statement. I think the buffering is important and part of that would be perhaps some increased landscaping in that buffer beyond the minimum and one of the big concerns was traffic and that would be mine, too, if we are talking about cars trying to pull in an alley and back around while another car is trying to get in, I can see some real congestion problems there. So, some type of -- you know, either drive-thru in design or an easy turn around or something, so they are not doing the backing. Is that what you were referring to Commissioner? Centers: Exactly. Well -- and I think the applicant should be prepared to come back and show where they are going to do the landscape buffer. Borup: Right. Yes. Meridian Planning & Zoning March 20, 2003 Page 59 of 64 Centers: I'm just telling them in advance -- and, yet, I'm not saying you do this, you do that, that you're going to get my vote. I haven't decided yet. I want that to be made clear, so -- Rohm: I also think that before we can really make a good decision, all of those questions have to be responded to by the applicant. How are you going to address the traffic congestion? What is your specific response to the buffer in accordance with the residential area, how will you try and maintain that ambiance. And if you can take care of those three things, then, you have at least addressed the concerns of the public and that would help a lot with this application. And we couldn't act on it without some sort of response in those three areas. It seems logical. Mathes: I have another comment on the buffer. Since you might be parking that way, you might want to put some type of landscaping in where headlights aren't going into their house, since he sleeps weird hours. McKinnon: Mr. Chairman, Members of the Commissions, Bruce and I have been talking about that just a little bit and there may be a -- I don't know how the applicant or the -- or Mr. -- I'm sorry, I had the name written down. Mr. Rokovitz? Darrin? Sorry. A fence as part of the buffer may be helpful in reducing noise, in addition to the additional landscaping. Centers: There is just a four foot fence there now, isn't there, Dave? McKinnon: I went out and visited the site and -- correct me if I'm wrong -- Centers: Well, I think I read that on this schematic. McKinnon: I think it's a chain link fence; is that correct? Or is it a solid fence? A wire fence of some sort? Borup: So you're saying a solid six foot -- McKinnon: That's another option that you have for increasing the buffer and that may be something that you might consider in addition to the additional landscaping. Centers: Well -- and just a comment to the applicant's Conditional Use Permit. Conditional. I mean it's not cart blanche. And, then, you know, you apply for the permit and you want a lot of exceptions, that doesn't fly too well. A 20-foot buffer, you want five. You can't ask for a lot of concessions when you're asking for a conditional permit. That's my view. The city has certain ordinances and they like them followed and, then, to ask for exceptions sometimes doesn't cut it, so -- Borup: Well -- and another question is how much time? Was that discussed with the staff? Okay. How much time does the applicant think you'd need to go through those items? Okay. He said probably the middle of next week. So, I guess our earliest Meridian Planning & Zoning March 20, 2003 Page 60 of 64 meeting would be available -- one option would be the April 3rd . One tonight had asked about that, but we did not continue it to April 3rd, so we do have one subdivision application that night and, then, other miscellaneous applications on the 3rd . Yes, I don't see any of the others being real time consuming. We have got a full agenda, but -- Rohm: Well, besides that, I think that we have heard the public testimony, for all intents and purposes, and so long as the applicant responds to their concerns, it shouldn't take a long time to -- Borup: Well -- Centers: Yeah, but I would like to leave the Public Hearing open and if there is other testimony at that time we would, of course, accept it. Borup: Well, we would need to do -- we'd need to leave the Public Hearing open to receive additional -- Rohm: Or for new testimony, not the same -- Borup: Right. You're saying the testimony should be based on the new site plan or something. Rohm: Exactly. Borup: Okay. Centers: Well, with that, I think the applicant knows what we would like to see. I would recommend that we continue Public Hearing No. 9 on our agenda, RZ 03-003, and No. 10 on our agenda, CUP 03-006, continue both public hearings to our April 3rd meeting. Mathes: Second. Borup: Motion and second. All in favor? All right. Thank you. So, this will be continued to April 3rd. MOTION CARRIED: THREE AYES. ONE ABSENT. Borup: And we normally put the continued hearings first on the agenda. Okay, Commissioners, a couple other items. Well, I may need some help from one of the staff members. Okay. Two -- a couple of -- Mathes: I have a question. Borup: Yes. Go ahead, Leslie. Mathes: The ACHD report on Paramount, do you have it? Meridian Planning & Zoning March 20, 2003 Page 61 of 64 McKinnon: Mr. Chairman, Commissioner Mathes, yesterday the ACHD Planning and Zoning Commission met to discuss Paramount and noted four to one in favor of approving Paramount with staff comments. They did revise the staff comments concerning some turn lanes and received that yesterday from the applicant, had not yet received the change of wording from ACHD yet. We can provide that for you. We will have that available prior to the next meeting. Centers: Yeah. And I had noticed that, too, Dave, and I guess I take an exception to even not postponing it ourselves when we didn't have that with a project of that size. Borup: That's why I felt -- we wouldn't rule on it tonight anyway. Centers: Well, right, exactly, but, then, we would go through the -- you know, the two hours. But not to have a complete package and have your Public Hearing -- Borup: Well, we have done it before, but we have always continued a major project without the ACHD report. Centers: Right. Right. Borup: Well, we always have them on the small ones. Okay. A couple other -- one of the City Council members wanted me to remind the Commission of a joint meeting and -- only she didn't say what date that was supposed to be -- April 29th was the 5th Tuesday and that was set for our P&Z Commission, City Council joint workshop. She wanted to know if we wanted to put anything on the agenda. I talked about the -- maybe discussing a priority on amendments that we are working on and part of that -- did any of the rest of you get the strategic plan list in your boxes? Centers: Yeah. Borup: You did? It's just one page. So, that would also be discussed. And anything else that we'd like to see on there, is there anything that we -- that the Commission would like to -- Centers: I guess I would like to hear from them what they would like to see more from us. Borup: Okay. I think we have asked them that before and not got a real -- I don't know if we ever got a real good answer. Okay. And let me ask -- David, on -- and I didn't get out and review that, but I think as has been mentioned on proposed amendments, is the block length in one of those? McKinnon: It sure is. Borup: Definition of block length. Meridian Planning & Zoning March 20, 2003 Page 62 of 64 McKinnon: Definition of block length and revising the block length minimums and maximums. Borup: Well, I think a lot of that could be handled just by changing the definition and my idea of a block length is the distance down the middle of the street, not around the back of the lots, and there is -- you know, on some of these that can be several hundred feet difference. But -- and maybe it needs both. You're saying that also to increase the maximum block length would also be another area of discussion? McKinnon: Yeah. Mr. Chairman, Members of the Commission, I'm actually working on that and a couple of the issues that we have in the Comprehensive Plan suggest that we have maximum block lengths of 300 feet in our neighborhood centers, but our own Planning and Zoning ordinance says no more than 500 and so we need to get those two back into agreement with each other. So, I am working on that. If you have any suggestions for changes for that, please, contact me and let me know. I'd welcome them. Borup: And I'm not sure what I feel on that exact length, but it doesn't, to me, make sense to calculate on the back of the lots. I don't know how that definition ever even came about. McKinnon: Mr. Chairman, Members of the Commission, that's a policy interpretation, it's not actually in the code. That's how it's measured. Borup: Okay. I was about ready to say that, but -- we have some other policy interpretations that aren't in the code, too. Centers: I have a question, Dave. On the Paramount application, it was noted the exceptions they were wanting on setbacks and -- wasn't it setback exceptions? A number of exceptions. McKinnon: It had a number of exceptions. Centers: But were they wanting exceptions to the recent zoning ordinances that we passed and the Council passed and they wanted exceptions to those? For the new ones? McKinnon: If I remember correctly, Commissioner Centers, I had that same confusion in my head when I was writing the report for that as to whether or not their requested exceptions were actually permitted. Several of the ones that they were requesting as exceptions are ones that we now permit. Centers: Okay. So you were wrong? McKinnon: Probably. Meridian Planning & Zoning March 20, 2003 Page 63 of 64 Centers: Okay. Because I couldn't -- you know, I thought are we going to make exceptions to the ones that Wardle had presented to us. McKinnon: I'll have to go back and look. I'm not sure off the top of my head. Centers: Might want to check that, because that was passed by the Council a month ago, wasn't it? McKinnon: Yeah. Centers: It was primarily setbacks, though. McKinnon: Setbacks and frontage things, yeah. Borup: And you have worked out some of the stub street issues with them and such? McKinnon: We have met. We have agreed to disagree on a few things. Borup: That's fine. Actually, those are kind of nice. Then, we get to worry about it. Anything else? Commissioners? Centers: Do we meet again a week from -- Borup: Not until next Wednesday. Rohm: Wednesday; right? Centers: On Wednesday, not Thursday. Mathes: What time? McKinnon: I believe you guys are meeting at 7:00 o'clock. Borup: Yeah. We didn't do it early for some reason, did we. McKinnon: Two items on the agenda. It's Callister Development for a Comp Plan amendment off of Overland and the other is the large north Meridian area plan. Centers: Yeah. We have a Public Hearing besides the comp -- the north Meridian plan. McKinnon: The Callister is another Comp Plan amendment, so we are handling both Comprehensive Plan amendments at the same time. So, that there is not a six month difference between the two. Centers: Are there going to be things in our box, additional -- Meridian Planning & Zoning March 20, 2003 Page 64 of 64 McKinnon: I know Steve was working late this evening trying to finish up Callister and I know Brad is working frantically to get things together for the north Meridian area. That's a really big -- Centers: So that would be yes? McKinnon: I hope so. I can't give you a for sure yet. There will be something soon. Centers: But you can't speak for them. I understand that. McKinnon: Yeah. Centers: Thank you. Can we close the Public Hearing, if I move that way? Borup: Yes. I'm done with everything I had. Centers: No. No. No. Could I move to adjourn this -- Borup: That's what I meant. I knew that was what you meant, but -- McKinnon: Is there a second? Rohm: I'll second that. Borup: Motion and second to adjourn. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Borup: We have adjourned at 9:55. MEETING ADJOURNED AT 9:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS.) APPROVED ______________________________ _____|_____|_____ KEITH BORUP - CHAIRMAN DATE APPROVED