Public Hearing Testimony 9/25/12Machelle Hill
From: Curtis Hatton [cphat@att.net]
Sent: Tuesday, September 25, 2012 11:02 AM
To: clerk
Cc: Jacy Jones
Subject: Proposed Mulberry Apartment Complex located at Ashby Rd. & Meridian Rd.
Dear Mayor and City Council
As I understand the City council approved a change in zoning from a R-4 to the current R-15,
which the developer requested so he could build a Senior Assisted Living Facility. After a four or
five year period this facility has yet to be built and the property supposedly was sold to a new
owner, or maybe just listed under a new limited partnership.
Regardless, as a owner of a home in the Cedar Springs Neighborhood, I want to go on the record
that I oppose the building of 36 apartments buildings on this property, if the Senior Living Facility
is not built, then please change the zoning back to R-4 zoning.
Sincerely,
Curtis Hatton
140 W. Anton Dr.
Machelle Hill
From: M Comorosky [cascade89como@gmail.com]
Sent: Tuesday, September 25, 2012 10:16 AM
To: mayortammy
Cc: clerk
Subject: Mulberry Subdivision -Apartment Complex adjacent to Cedar Springs Subdivision
Honorable Mayor DeWeerd and City Council,
My name is Margo Comorosky, I am a homeowner within the Cedar Springs subdivision and the HOA Board
Treasurer. My husband and I have lived in this subdivision since July 2003.
First, please accept this letter despite it's tardiness due the arrival of a new granddaughter .. unfortunately her
delivery was extended and was a priority for the last couple of weeks. We are thankful that she and her parents
are now doing well.
Thank you and the City Council for proceeding cautiously and wisely with the Mulberry Apartment Complex
(Corner of Ashby and Meridian Roads, adjacent to Settlers Park) proposal. We have attended most meetings
organized by the engineering firm, Planning and Zoning and the City Council.
We have been following the process of the application for the Mulberry Apartment Complex since April 2012.
We were first informed of the proposed development via a letter received from Engineering Solutions that was
thought to be altered - we do not live within 300' of the proposed development. We did not hear of any
development plans previous to that notice other than the Assisted Living proposal that connected the
Conditional Use Permit to the Rezoning for that specific purpose. After several requests for public information
(Jacy Jones served us wonderfully) and many hours of research and meetings with the HOA Board and
homeowners, we have some concerns we would like to address.
The first is that a Development Agreement was required by the developer (Murdock) when the city was first
considering the Cedar Springs Subdivision for rezoning to R4. Sections 6-10 of the Development Agreement
(AZ-00-019 page 13). Specifically, Section 7 states "This Agreement and the commitments contained herein
shall be terminated and the zonin~gnation reversed upon default of the "Owners" and "Developer" or
"Owners" and "Developer's" heirs successors assigns to comply with Section 6 entitled "Conditions
Government Development" of subiect "Property" o this agreement within 2 years of the date this agreement is
effective ... " Section 8 goes on the the Consent of De-Annexation and Reversal of Zoning Designation. This
was signed by both the City and the Developer in 2002. At no time after this original Developer Agreement
was written was there a revised Agreement written or filed.
In 2004, the developer applied for rezoning of Exhibit C of the Cedar Springs subdivision from R4 to R15 to
accommodate the development of an Assisted Living facility. The City of Meridian granted this rezoning
attached with the Conditional Use Permit specifically for the Assisted Living facility Anew Development
Agreement was not filed. The developer failed to build the Assisted Living facility within the 2 year time
period.
Two years later, the developer reapplied for another Conditional Use permit for the same use which again was
granted by the City of Meridian attached to the rezoning specifically for the Assisted Living facility. Anew
Development Agreement was not filed again. And again, the developer failed to build the Assisted Living
facility within the 2 year time period.
Currently, in Apri12012, the developer is requesting a Conditional Use Permit to build 36 apartments based on
the same rezoning R15. What happened to the rezoning from R4 to R-15 tied to the Conditional Use Permit
specifying the Assisted Living facility? What happened to the City of Meridian's oversight on developers
requiring a Development Agreement to make sure what is proposed is what is actually done? Shouldn't the
"property" zoning have been reversed back to R4 since TWICE the developer failed to meet the time restraint of
the Conditional Use Permit (as per the original Development Agreement stated above)?
We ask you and the Council to seriously consider the conditions on which you first approved the initial
rezoning. Developers may find ways to get around being accountable to we homeowners (by not updating our
legal binding CCRs to include such building revisions), but they should not be allowed to "re-interpret" their
agreements with the City of Meridian.
Second, we surveyed our subdivision whether they would support building of a 36 unit apartment complex on a
2.4 acre piece of our subdivision and we submitted that survey to the City of Meridian. Approximately half of
the subdivision signed in opposition to the~oL, the other half were not available to sign or let us know where
they stood. That survey would suggest strong public support against the development and should be noted.
Third, I am in receipt of a letter from Bob Kibler from Fish & Wildlife Services Agency of the federal
government. This letter (dated 9/21/12) was forwarded to Bob Parsons (Planning and Zoning -City of
Meridian) regarding an assessment of the development site in question. Maybe it would behoove us as a city to
incorporate this site as a Migratory Bird habitat alongside Settlers Park. Settlers Park is promoted as a
"premier" park under the City of Meridian's care and including wildlife protection as part of the program would
seem prudent.
Thank you for serving our community.
Martin & Margo Comorosky
3804 N. Alexis Way
Meridian, Idaho 83646