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Public Testimony in Opposition OfMachelle Hill From: Bill Parsons Sent: Monday, March 25, 2013 11:37 AM To: Machelle Hill Subject: FW: File No.: MDA-13-003 Request to amend the Kingsbridge Subdivision development agreement (instrument #105092050) Attachments: zaldia1 (600x800).jpg Machelle, Attached is more written testimony for the Kingsbridge MDA project. Thanks, Bill Parsons, AICP Associate City Planner Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparson s@meridiancity.org -..._..~.._._.-.w.~.~.,.... _ _w..~~,. _..-,,_,....~_ -__._ From: Keith in Idaho [mailto:sagebrush123@hotmail.com] Sent: Saturday, March 23, 2013 6:06 PM To: Bill Parsons Subject: RE: File No.: MDA-13-003 Request to amend the Kingsbridge Subdivision development agreement (instrument # 105092050) March 23, 2013 Meridian City Council Meridian City Hall 33 E. Broadway Avenue, Suite 300 Meridian, ID 83642 RE: File No.: MDA-13-003 Request to amend the Kingsbridge Subdivision development agreement (instrument #105092050) for the purpose of modifying the landscape berm height along E. Zaldia Street, by Stetson Homes Dear Mayor de Weerd and Members of the City Council, My wife Robin and I are writing to ask you to deny the request to modify the position of the fence along Zaldia Street in the Napoli neighborhood. Robin and I live on the corner of Zaldia Street and Tindaris Avenue. We selected that particular lot to have our retirement house built upon due, in large measure, to the natural surroundings available to view and hear from our front porch, where we like to sit and drink coffee. We've enjoyed the combination of the beautiful evergreen trees lining Zaldia Street, the waterfowl that this mini-ecosystem provides sustenance to, and the peace and quiet that comes from the current sound barrier - a combination of the above-mentioned trees and also the fence in question, currently of ample height to provide some measure of noise reduction coming from the Kingsbridge Subdivision. Also, my wife and I have recently walked along the fence line in question and find ourselves puzzled by how the fence line could be moved any closer to the trees without negatively impacting the health of the trees. I've attached a picture of the fence line and its current proximity to the trees. As you can see from the picture, the fence is already quite close to the trees. I find it difficult to imagine that the trees would not be negatively affected, now or in the future, by moving the fence closer to them. We would like to respectfully urge the Meridian City Council to consider the negative impact that such a change would have upon the Napoli Subdivision -both in terms of day-to-day enjoyment and also property resale value. Thank you, in advance, for your consideration. Keith Lench and Robin Meyer 4205 S Tindaris Ave Meridian, ID 83642 ,:«~ ~ . ~,~ ~' e ~• ~ ~. ~, , ~~ ~ ~~` ~ ~~~ " y -d "~ ~ ~ ~. L e 4i $pa~ P ~ ~ 7 f~ ~ 0 d' sy'va` L ~ y~ + fY ~ h ~ j tl l ~ T '~~r ~~ ~ d f ,~tj ~ ~ ~`"'iCi~ Y'q ky ~ #~ ~ 'yF~ x , ~~ Machelle Hill From: pd <pdeangeli@gmail.com> Sent: Friday, March 22, 2013 12:24 PM To: Machelle Hill Subject: Fwd: Kings Bridge Hearing ---------- Forwarded message ---------- From: Frank Shoemaker <~rankshoe~r%~~~mail.com> Date: Fri, Mar 22, 2013 at 11:48 AM Subject: Fwd: Kings Bridge Hearing To: pd <hdean~eli%u!<~maiLa~rn> ---------- Forwarded message ---------- From: Frank Shoemaker <~rankshoe~~i`~,maiLcom> Date: Fri, Mar 22, 2013 at 11:47 AM Subject: Re: Kings Bridge Hearing To: Bill Parsons <b~~arsons(u~mcridiancity.org> Thank You Bill. See you Tueday. Frank On Fri, Mar 22, 2013 at 9:25 AM, Bill Parsons <bparsons(a~meridiancity.or~~> wrote: Good Morning Frank, I have answered your questions in red font below. Bill Parsons, AICP Associate City Planner Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparsons@meridiancity.org From: Frank Shoemaker [mailto:ifrankshoeC~gmail.com] Sent: Thursday, March 21, 2013 8:05 PM To: Bill Parsons Subject: Kings Bridge Hearing Good evening Bill As we discussed last week. You said it would OK if I asked you certain questions. Just want to make sure. 1) Stetson Homes did ask you about building a two level home. Even though the plat and conditions stipulate "only 1 level ". You told him No. Thus I should not anticipate another hearing with Stetson Homes wanting a variance to build a 2 level? Stetson Flomes is not requesting to construct two-story homes along the south boundary. At one time this item was discussed. 2) Prior to approving the one level that is now the problem, you pointed out to them that this may not be the best plan to build on this lot as there is no rear yard. Both understood and proceeded to build anyway. "The buffer was in place prior to the construction of the homes. Stetson homes asked Staff if the fence could be moved and the berm modified. Stetson was informed it would require the recorded development agreement to be modified by City Council. 3) Stetson Homes and Megan Thorndike were told that you would not allow the moving of the fence if the trees were potentially damaged. At that time they were talking about 8.5' .Even though 5' per this variance, it still has potential to harm the trees. Who pays for this danage? Any damage to the trees will be the responsibility of the property owners. Staff has recommended that the fence move only 3-feet so the existing trees are protected. 4) The tree limbs vary in distance from the fence line and the proposed fence line can not harm the trees. Does this mean we accept the trimming of limbs and put the fence immediate to the trunk of the tree? The property owner has the right to prune the trees how they see rit as long as they do not kill them. Keep the fence five feet from the trees should provide adequate protection. Do we trim only one side or both? Totem pole visual appearance. T'he appearance of the buffer is important. "hhat is why staff encouraged all of the property owners to be part of the berm inoditication. Again limiting the placement of the fence should prevent the trees from having to be trimmed. 4) Given the varying distance from the fence, does this mean the fence will zig zag. No. Staff is recommending a ?5-toot landscape buffer remain in place along the entire boundary. Again the intent is not to have the fence zig zag. 5) Boise Hunter Homes is now the owner of the common area along the creek and they gave permission for Stetson Homes to proceed with the variance to modify the fence. Yes. 6) Boise Hunter Homes will eventually transfer their interest to the Kingsbridge Home Owner Association and they will be responsible for any damage to the existing trees? I really don't think the Home Owners Association should be responsible when they did not approve of the fence modification. `hhe HOA (BHH) is only responsible for maintaining a ?0-foot wide strip along the entire boundary. The other five-feet is the responsibility of the adjacent home owners unless the CCR's say differently. Staff has encouraged the home owners and the HOA coordinate on the maintenance of the landscape buffer. 7) And by the time the trees show stress from the modification, the home owner has moved and Stetson Homes is no longer around. Regardless of the ownership, the buffer must be maintained as approved by the City. Further, stag is recommending the trees be protected during the modification to the berm. If any existing trees dying, City ordinance requires the replacement of the trees. 8) There should be some insurance policy in place paid for by those individuals responsible for the fence / berm modification. To ensure little or no damage to the trees staff, is recommending a ?5- footwide landscape buffer. This means the existing fence would move three to the south of its current location. Staff believes this will ensure the existing trees won't be damaged if the berm is modified and the fence is relocated. 7) Has the Kingsbridge Home Owners Association ever been notified? Yes. They are part of the subject modification. Staff has put them on notice that they need to replant the berm as approved by the City and maintain it. 8) The estimated cost is $3,000 per lot and each owner of record is responsible for modification made to their site. Staff was informed that would be the cost to each homeowner to modify the landscape buffer. Very frustrating with the previous developer wanting to build high density homes along this phase of Kingsbridge. That the end result was thought to be the best and now we have two individuals who take exception to any city ordinances, development restrictions and conditions. I am not in favor of any modification. And maintaining the berm height and fence height is critical. Where is the common sense? Five more feet of yard and a lower fence does not make a nicer rear yard. I visualize this additional yard area as inadequate and does not correct bad decisions. Neither Stetson Homes or Megan Thorndike used any diligence. The berm and fence were in place when they purchased the lot. That they did not use any due diligence in their decisions and now want everybody else to feel sorry for their them. The current landscaping is neglected but I understand that the Kingsbridge Home Owners Association has agreed to replace dead trees, remove overgrown seasonal grasses and weeds and maintain the area along with other common areas within the subdivision. Leave the berm and fencing AS IS. Thank You Frank re: MDA 13-003 kingsbridge for march 26th Meridian City Council Meridian City Hall 33 E. Broadway Avenue, Suite 300 Meridian, Ip $364z bear mayor and city council: In march of 2005 the city, my neighbors and I began an 18 month process of accepting the Kingsbridge subdivision into the community. the final results included screening of backyards from the surrounding neighborhoods. the applicant wants to alter the screening to the detriment of the 30+ families on the south side of Zaldia lane. We feel lowering the height is unacceptable. Employing some sort of retaining wall to maintain present height of the screening is the only fair proceedure, in our opinion. Any lowering would result in a loss of privacy(lookinglnto windows), and would allow views of the back yards and whatever they might contain. I am astounded that anyone would build a house that didn't fit the lot and then demand the lot be enlarged. Respectfully yours Philip and Judy DeAngeli ~,; 3405 e. Zaldia lane, meridian 31a~ March 13, 2013 City Clerk's Office 33 E. Broadway Avenue Meridian, ID 83642 RE: Application MDA 13-003 by Stetson Homes Amendment to Kingsbridge Subdivision Development Agreement (Instrument #105092050) To Whom it May Concern: As property owners on Zaldia Lane for over 22 years, we are opposed to any modification of the common area located next to Zaldia Lane. We attended all of the Kingsbridge public hearings and joined our neighbors in working with the developers to reach an agreement we could all live with. Through many negotiations, compromises and sacrifices, it was agreed that a landscape buffer would be installed along Zaldia Lane to make the residential transition from rural to high density as easy as possible. This buffer zone would include a berm and a privacy fence that would produce a total vertical screen of 11 feet. It was agreed that a total height of 11 feet was necessary to be effective. The original developers opted to steepen the grade from its original 4:1 slope in order to reach the 11-foot requirement while giving more space to the Kingsbridge lots. Lowering the berm by 3 feet defeats the purpose of a screen at all and ends up providing only 2 more feet of privacy than a fence with no berm would provide. In the Development Agreement Modification Narrative by Stan J. Ray of Stetson Homes, Mr. Ray states that he will "relocate or plant narrower trees in the Common Lot in Kingsbridge." The trees are just now beginning to be large enough to be an effective screen, as they were originally designated for. We are concerned that the trees will not survive relocation and are against replacing them with narrower trees. If the trees are left where they are, the damage they will undoubtedly receive with the fence relocation will be severe. Mr. Ray also states in his narrative, "Stetson Homes does not assume the responsibility of re- landscaping the Common Lot." We are very concerned that nobody is taking responsibility for this possible re-landscaping. This 11-foot landscaped vertical screen buffer zone has been in place since construction began in 2005. Anyone purchasing one of the lots affected by this berm were well-aware of the restrictions when they purchased the lot. It should have been determined before buying their lot whether it provided adequate space for their needs. __ We respectfully ask that the City of Meridian honor the agreement that was signed in 2005 by denying this proposal and retaining the existing 11-foot vertical screen buffer zone. Sincerely, - G~ ~~~ ~~~ ~~ David and Janie Teeter 3550 E. Zaldia Lane. Meridian, ID 83642 March 18, 2013 Meridian City Council Meridian City Hall 33 E. Broadway Avenue, Suite 300 Meridian, ID 83642 RE: File No.: MDA-13-003 Request to amend the Kingsbridge Subdivision development agreement (instrument #105092050) for the purpose of modifying the landscape berm height along E. Zaldia Street, by Stetson Homes Dear Mayor de Weerd and Members of the City Council, We are writing to ask you to deny the request to modify the landscape berm height along Zaldia Street. Our neighborhood, Napoli subdivision, has discussed this and we are all in agreement that the fence should not be moved and the landscaping on the north side of Zaldia Street should not be altered. There is a stream, natural vegetation and beautiful evergreen trees along the side of Zaldia Street. We purchased our home about 2 years ago and one of the features we appreciated most was the charming and natural entrance to the subdivision. This request, if approved, would detrimentally change the appearance of the area and would certainly have a negative environmental impact. The stream is home to many types of birds and waterfowl. Not only would moving the berm and fence have a harmful effect on the environment, it would also have an adverse effect on 21 homeowners in Napoli Subdivision. The market value of our homes will likely decrease because the entrance into our neighborhood would be much less attractive. We urge you to deny this application so that the entrance to Napoli Subdivision will not be spoiled and will remain as it was when we purchased our homes. Respectfully, Lon and Michelle Rose 4287 S. Palatino Avenue Meridian, Id 83642 (208) 337-8183 March 19, 2013 Meridian City Council Meridian City Hall 33 E. Broadway Avenue, Suite 300 Meridian, ID 83642 RE. File No.: MDA-13-003 Request to amend the Kingsbridge Subdivision development agreement (instrument #105092050} for fire purpose of modifying the landscape berm height along E. Zaldia Street, by Stetson Homes Dear Mayor de Weerd and Members of the City Council, I am writing to ask you to deny the request to modify the landscape berm height along Zaldia Street. Dur neighborhood, Napoli subdivision, has discussed this and we are all in agreement that the fence should not be moved and the landscaping on the north side of Zaldia Street should not be altered. The landscaped area north of Zaldia Street is a nice buffer between the Kingsbridge and Napoli Subdivisions and habitat for lots of birds and waterfowl. It creates a beautiful and private #eel for each neighborhood helping to Iimlt the noise and increase the aesthetic appeal on both sides of the fence. Accomplishing what was originally intended with its inclusion in the original subdivision approval. To change this after the fact and leave the existing homeowners with something less than they had before is not right. Not only would moving the berm and fence have a harmful effect on the environment, it would also have an adverse effect on 21 homeowners in Napoli Subdivision. The market value of our homes will likely decrease because the entrance into our neighborhood would be much less attractive. I urge you to deny this application so that the entrance to Napoli Subdivision will not be spoiled and will remain as it was when we purchased our homes. Respectfully, mes M. Davis / 4258 S. Tindaris Ave. / Meridian, Id 83642 (208} 559-6214 i March 1$ 2013 Meridian City Council Meridian City Hall 33 E. Broadway Avenue, Suite 300 Meridian, ID 83642 RE: File No.: MDA-13-003 Request to amend the Kingsbridge Subdivision development agreement {instrument #105092050) for the purpose of modifying the landscape berm height along E. Zaldia Street, by Stetson Homes Dear Mayor de Weerd and Members of the City Council, We are writing to ask you to deny the request to modify the landscape berm height along Zaldia Street. Our neighborhood, Napoli subdivision, has discussed this and we are all in agreement that the fence should not be moved and the landscaping on the north side of Zaldia Street should not be altered. There is a stream, natural vegetation and beautiful evergreen trees along the side of Zaldia Street. We purchased our home about 2 years ago and one of the features we appreciated most was the charming and natural entrance to the subdivision. This request, if approved, would detrimentally change the appearance of the area and would certainly have a negative environmental impact. The stream is home to many types of birds and waterfowl. Not only would moving the berm and fence have a harmful effect on the environment, it would also have an adverse effect on 21 homeowners in Napoli Subdivision. The market value of our homes will likely decrease because the entrance into our neighborhood would be much less attractive. We urge you to deny this application so that the entrance to Napoli Subdivision will not be spoiled and will remain as it was when we purchased our homes. Respectfully, .___ / / Terry and Betha((n--y//Va anon 4201 S. Palatino Avenu Meridian, Id 83642 (208) 922-7400 Machelle Hill From: Bill Parsons Sent: Wednesday, March 20, 2013 10:01 AM To: Machelle Hill Subject: FW: MDA 13-003 Attachments: Stetson_Homes_Response-final.pdf; City_Council_Roses.pdf; JimDavisLetter_Meridian_City_Council 031913.pdf; Varsason Response_to_public_hearing_document. pdf Machelle, Attached are letters of opposition far the Kingsbridge MDA project. Thanks, Bill Parsons, AICP Associate City Planner Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparsons@meridiancity.org From: Verna [mailto:vrkess@aol.com] Sent: Wednesday, March 20, 2013 9:45 AM To: Bill Parsons Cc: dee1250@msn.com; jrellim@cableone.net; pdeangeli@gmail.com Subject: MDA 13-003 Mr. Parsons, Please find attached the Napoli Homeowners Association response to Stetson Homes request for MDA 13-003, as well as three letters from homeowners in our subdivision. We will be present at the City Council meeting on Tuesday, March 26, 2013, at 7:00 pm. I am prepared to make an oral presentation to the City Council Verna R. Kessler,Secretary/Treasurer Napoli Homeowners Association. 3389 E. Fratello Street Meridian, ID 83642 208-888-3251-fax 208-871-4660-cell 208-288-2066-home/office Napoli Homeowners Association c/o MGM Property Management P O Box 1246 Meridian, Idaho 83680 March 20, 2013 Meridian City Council Mayor Tammy de Weerd Council President Brad Hoaglun Council Vice President Charlie Rountree Councilman David Zaremba Councilman Keith Bird 33 E. Broadway Avenue, Suite 300 Meridian, ID 83642 RE: MDA 13-003 by Stetson Homes for Amendment to the Kingsbridge Subdivision Development Agreement # 105092050 Dear Mayor and Councilmembers, I am the Secretary/Treasurer of the Napoli Homeowners Association, and am providing this written response on behalf of the homeowners in Napoli Subdivision, which faces Lot 1 of Kingsbridge Subdivision on Zaldia Street, Meridian, ID. Stan J. Ray's STETSON HOMES, INC. proposal (MDA13-003) to lower the berm and reduce the space buffer along Zaldia Street in the Kingsbridge Subdivision will have a materially negative effect on the homeowners in the Napoli Subdivision, as well as other property owners which face Zaldia Street. Ray's statement, "The poorly built fence bordering the South Property Line of the Kingsbridge Subdivision Phase I is not located as per the development agreement." is false. The original Development Agreement was filed, document #105092050, but was modified in April, 2006, by agreement between Kingsbridge Properties, LLC., by and through its managing member, Vision First, LLC., and Philip DeAngeli, Frank Shoemaker and Frank Stauts, (collectively, the Zaldia Lane Neighbors.) In this modification, Kingsbridge Properties, LLC., agreed to the size and placement of the berm and fence, as they exist now at a height of 11 feet. In 2007 and 2008, Frank Stauts developed his 10-acre parcel into the Napoli Subdivision. In approximately 2009, Stauts's bank took possession of the subdivision, and Hayden Homes purchased the majority of the remaining 21 I lots, and began building homes which were then sold to our current homeowners. Kingsbridge Properties LLC, property was sold through bankruptcy to Hunter Homes, who then sold some of their lots to Stetson Homes. Even though individual owners, builders and developers have changed, the agreements made by those original owners and developers have remained and should remain in effect. Napoli Subdivision is a very small subdivision, 26 lots total, with no amenities. The two streets which intersect with Zaldia Street, Palatino and Tindaris, provide a direct view of only the roofs and second stories of the homes which have been built in the Kingsbridge Subdivision. This green space buffer, referred to by the Army Corp of Engineers as Nine Mile Creek, as well as the berm, was integrated into the original designs of both Kingsbridge and Napoli Subdivisions. The original development agreement calls for Kingsbridge Homeowners Association to maintain the berm and landscaping . Nine Mile Creek with the green space, the berm, is a major aesthetic feature of both Kingsbridge and Napoli Subdivisions. Napoli Homeowners Association Letter to Meridian City Council 03/20/13 RE: Stetson Homes (MDA 13-003) Napoli Homeowners purchased their lots and built their homes with the understanding that agreements were in place such that we would not have to see into the private backyards and homes in Kingsbridge. If the homeowners in Kingsbridge are allowed to lower the berm and the fence along Zaldia Street, everyone in the Napoli Subdivision would be impacted, by being able to see directly into the backyards and homes in Kingsbridge. Another concern is the stability of the berm, should Kingsbridge be allowed to lower the level of it and build another fence. Without a properly engineered retaining wall and/or bulkhead to hold this new grade, erosion and silting may result, causing material harm to the adjacent Nine Mile Creek. Stetson Homes built residences on these Kingsbridge lots, and was responsible for the placement and orientation of the homes on the lots. The individuals who purchased the homes should have been aware that their property lines were well beyond the existing berm and fence. Napoli Homeowners should not be forced to view into the private backyards and houses of Kingsbridge homes because they want bigger back yards. The green space and Nine Mile Creek are home to various birds and other fauna. I have attached three photos of a Blue Heron seen in Nine Mile Creek taken last summer. If the berm is lowered, and the fence is moved out nearer Nine Mile Creek, this wildlife would be disturbed. I have also attached four photos of the view of the berm and fence, and the Kingsbridge houses beyond, from Tindaris and Palatino streets, the only access points to Napoli Subdivision. Napoli Homeowners Association urgently requests that the City Council deny Stetson Home's request to lower the berm by two feet and move the Kingsbridge fence 8'/ feet nearer to Nine Mile Creek. Respectfully Submitted, Verna R. Kessler, Secretary/Treasurer Napoli Homeowners Association 3389 E. Fratello Street Meridian, [D 83642 208-888-3251-fax 208-871-4660-cel I 208-288-2066-home/office Page 2 of 8 Napoli Homeowners Association Letter to Meridian City Council 03/20/13 RE: Stetson Homes (MDA 13-003) Page 3 of 8 Blue Heron at Zaldia St and Tindaris, Summer 2012 Photo #1 Napoli Homeowners Association Letter to Meridian City Council 03/20/13 RE: Stetson Homes (MDA 13-003) Photos #2 and #3 Blue Heron at Zaldia St. and Tindaris, Summer 2012 Page 4 of 8 Napoli Homeowners Association Letter to Meridian City Council 03/20/13 RE: Stetson Homes (MDA 13-003) Please note that the Kingsbridge homes seen here are not on the lots backing up to the berm and fence, but across the street on Plympton Dr. Page 5 of 8 View, leaving Napoli Subdivision, facing Lot 1, Kingsbridge Subdivision. Zaldia and Tindaris. Taken 03/19/13 Photo #1 Napoli Homeowners Association Letter to Meridian City Council 03/20/]3 RE: Stetson Homes (MDA 13-003) View, leaving Napoli Subdivision, facing Lot 1, Kingsbridge Subdivision. Zaldia and Tindaris. Taken 03/19!13 Photo #2 Page 6 of 8 Napoli Homeowners Association Letter to Meridian City Council 03/20/13 RE: Stetson Homes (MDA 13-003) ~,; ~, ~ ~ .:~ ,~N, ,~~;~ ~a i~l~ View, leaving Napoli Subdivision, facing Lot 1, Kingsbridge Subdivision. Zaldia and Palatino. Taken 03/19/13 Photo #3 Page 7 of 8 Napoli Homeowners Association Letter to Meridian City Council 03/20/13 RE: Stetson Homes (MDA 13-003) View, leaving Napoli Subdivision, facing Lot 1, Kingsbridge Subdivision. Zaldia and Palatino. Taken 03/19/13 Photo #4 Page 8 of 8 Doug and Dee Oldham 4236 S. Tindaris Ave Meridian, Idaho 83642 208-631-1000 March 20, 2013 Mayor Tammy de Weerd Council President, Brad Hoaglun Council Vice President, Charles Rountree Council Member, David Zaremba Council Member, Keith Bird 33 E. Broadway Avenue, Ste 300 Meridian, Idaho 83642 RE: MDA 13-003 by Stetson Homes for Amendment to the Kingsbridge Subdivision Development Agreement ft105092050 Dear Honorable Mayor and City Council Members: I am the President of Napoli Homeowners' Association. As President and a homeowner in Napoli Subdivision, we are asking you to deny the request to modify the landscape berm along Zaldia Street. Our HOA Secretary/Treasurer has submitted a letter to you on behalf of our Association with many of the pertinent details regarding our objection to this application. I wish to reinforce those objections and also share with you my additional concerns. Both times a neighborhood meeting was convened to discuss this amendment, we found out about them shortly before they transpired by Mr. DeAngeli whose property backs up to our subdivision. I contacted the City of Meridian and spoke with Mr. Bill Parsons about the notification failure and he stated my home was within 100 feet and that I should have received notification. I also contacted Mr. Stan Ray and expressed our displeasure about the lack of notification and that the most recent meeting was set for the evening of Valentine's Day. Mr. Ray informed me that he sent out over 50 notices to all the surrounding neighbors but everyone I have spoken with in our subdivision did not receive notification and were thus unable to attend. I asked Mr. Ray to convene another meeting the following week so we could attend. Mr. Ray set a meeting and informed me he would contact me with the location. I never heard from Mr. Ray but was able to reach him after many attempts a few hours before the meeting was set to convene. At that time he informed me he was not able to secure a location for the meeting so it would not be taking place. My husband and I were able to attend the meeting late last summer even though we were notified about it shortly beforehand. At that meeting, the proposal was to move the fence back eight or more feet, drop the berm many feet and remove some of the evergreens that are planted along the berm between the stream and the fence. We expressed concern that the proposal would damage the small amount of green space and well established trees that exists, and would adversely impact to the wildlife that utilize the stream. (I have personally seen blue heron in the stream and the photographs I took are attached to the letter submitted on behalf of our subdivision.) During that meeting, it was expressed that the city of Meridian and the original developer had made the mistake. When we continued to object and stated their remedy should be with whoever made the alleged error, versus impacting the small amount of green space, they became angry and told us they could move the fence back several feet if they wanted without our input. Mr. DeAngeli also pointed out that the Army Corps of Engineers was adamant the stream could not be impacted and shared the discussions he had with them during Kingsbridge's original application process. He suggested further research because he felt the applicants could not do what they were proposing due to the stream's designation. While we appreciate the situation our neighbors in Kingsbridge are in, we feel moving the fence and/or adjusting the berm is not the solution. Documents that were in place prior to these lots being sold to the new builder and homeowners, clearly show the lot lines and the fence line. A developer and builder should have known or noticed that prior to placing homes on lots where the footprint is so large it practically meets the fence. Further, we are very concerned about the differing information we have heard about what is proposed as well as the fact that hearing notices were said to be sent, but were never received. As has been stated, our subdivision is very small with no amenities aside from the green space along Zaldia Street on either side of the street and the small amount of green space along Eagle Road. We do not wish to look into the back yards of our neighbors in Kingsbridge and have enjoyed having the green space and trees to break the solid view of homes. The current view is of their roof tops with an evergreen/natural vegetation backdrop. We also appreciate and enjoy the wildlife that utilize the stream and nest in the small amount of green space that exists there now. That space existed when we purchased our lots and it was our understanding it could not be altered based on the agreement signed by the homeowners who developed and Ilved surrounding both subdivisions. The fence and property line (alleged errors existed in its current state prior to the new developer and owners purchasing those lots. We feel their remedy should be sought from whomever they believe created the error and should be a civil matter between those parties without impacting the natural green space that exists behind the fence. Respectfully submitted, ~~ f Dee Oldham President, Napoli Homeowners' Association