HomeMy WebLinkAboutPublic Testimony by Brady & Teri Turner 2/4/15 - CCBrady & Teri Turner
3678 S. Caleb Place
Meridian, ID 83642-7068
208-887-6832
February 4, 2015
Mayor de Weerd and Meridian City Council
c/o Bill Parsons, Planning Supervisor
Meridian City Hall
33 E. Broadway Avenue
Meridian, Idaho 83642
RE: PP14-020 Accommodations Subdivision
Madam Mayor and Councilpersons:
We hereby submit our written testimony in opposition to the preliminary plat application filed by
Providence Management, LLC, scheduled for hearing before the Meridian City Council on February
17, 2015. The subject parcel is adjacent directly north of our home in Dartmoor Subdivision.
We request better transitional density next to our acreage. The five smallest lots in this project
are placed along the southern boundary; the three smallest lots at 8,844, 9,100, and 8,658 square
feet are directly adjacent to our property. We believe the smallest lots should more appropriately
be placed on the western boundary next to the existing R-8 zone. In addition, the land in the
project slopes uphill from us, adding further negative impacts of this project.
We asked the developer to remove at least one lot next to us, but this request was refused. We asked
the developer to place single -story homes next to us, but this request was also refused.
All parcels in our Dartmoor Subdivision are acreage lots zoned RUT in the county. We paid a
premium price for our "view" lots twenty years ago. Our subdivision is now an enclave, with all
other lands surrounding us having been annexed and redeveloped over the past ten years—and our
"view" is now an urban residential landscape. Throughout the redevelopment activities on multiple
projects, we have attended more than a dozen hearings in Meridian to press for some preservation of
open space. The City has always been sensitive to our desire for transitional density to help mitigate
the impact of so much urban development around us. This is entirely appropriate and consistent with
the low-density designation of this section in the Meridian Comprehensive Plan Map.
The subject parcel has a significant history that is most relevant to our objections. It was part of the
planned Harcourt Subdivision approved in 2007. We opposed Harcourt for the identical reasons that
we are opposing the Accommodations project now. Harcourt was finally pproved after the City
requested the developer to remove one lot next to our parcel—resulting in three large lots over
14,000 square feet in size on the southern boundary with Dartmoor. These lots were still
significantly smaller than the Kingsbridge half -acre lots, but was an acceptable compromise.
Meridian City Council
February 4, 2015
Page Two
For your consideration, enclosed are the following documents regarding the Harcourt project:
Page 1 of the final Staff Report noting that the City Council hearing had been continued
while the developer redrew the preliminary plat to eliminate one lot along the south boundary
(adjacent to our lot).
Approved Preliminary Plat for Harcourt Subdivision (showing a total of three lots along the
southern boundary).
Minutes from the Meridian City Council Hearing dated February 27, 2007 (highlighting
added for emphasis).
These materials clearly show the City's sensitivity and responsiveness to our objections. While we
do realize this is a new day and a new developer, nothing has changed from our perspective. Just
because this parcel's development was delayed by eight years due to the recession should not mean
we must suffer additional urban density uphill in our back yards. There is a strong precedent here,
not only from the Harcourt project but also with adjacent Kingsbridge Subdivision, as you will see
discussed during the Harcourt hearing. Changing course now would be most unfair and contrary to
the planning history for this area over the last decade.
We very much appreciate the City's understanding of the impact all the development has had on our
lives over the years. We respectfully request that this same consideration be extended regarding the
Accommodations Subdivision. Please honor the development history and ask this developer to
reduce the number and increase the size of lots along our common boundar.
We are not able to attend the hearing on February 17th due to a previous commitment, so we ask the
City to consider our objections in our absence. Thank you very much for your consideration.
Sincerely,
Brldy & Teri Turner
Lot 6, Block 2, Dartmoor Subdivision
Enclosures
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007
STAFF REPORT X%X" 1 v
Hearing Date: 3/13/2007 MAR 0 8 2067
Continued From: 2/27/2007 City of Meridian
City Clerk Office Wir+Fian
TO: Mayor & City Council y = v
SiDAM]
FROM: Amanda Hess, Associate City Plannerr
(208) 884-5533.,
SUBJECT: Harcourt Subdivision
• AZ -06-046
Annexation and Zoning of 23.05 acres from RUT (Ada County) to R-4 (Medium
Low -Density Residential) zone
• PP -06-048
Preliminary Plat of 60 single-family building lots and -5 6 common lots on 22.37
acres in a proposed R-4 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Great Sky, Inc., has applied for Annexation and Zoning (AZ) of 23.05 acres from RUT (Ada
County) to R4 (Medium. Low -Density Residential) and Preliminary Plat approval of 60 single family
residential lots and -5 6 common lots for Harcourt Subdivision.
The subject applications were scheduled to be heard before the Planning and Zoning Commission on
November 2, 2006. Prior to said meeting, the Applicant and Planning Staff were notified that ACRD requested
relocation of S. Zephyr Avenue, Harcourt's access to Victory Road, to align with S. Bay Star Drive,
Sutherland Farms' access to Victory Road to the north. This ultimately prompted a substantial redesign of the
preliminary plat. The new plan also proposes one less building lot.
The subject property is located on the south side of Victory Road, approximately 1/6 mile east of Eagle Road
in Section 28, Township 3 North, Range 1 East, B.M. The site has been previously platted and is currently
identified as Lots 1, 2, 4, and 6 of Golden Eagle Estates Subdivision. The subject property is within the City's
Area of Impact and Urban Service Planning Area.
2. SUMMARY RECOMMENDATION
The subject applications (AZ -06-046 and PP -06-048) were submitted to the Planning Department for
concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the
requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the
proposed Harcourt Subdivision subject to the R-4 standards and the conditions listed in Exhibit B of the
Staff Report. The Meridian Planning and Zoning Commission heard these items on November 2 and
December 21. 2006. On J'anuary 18. 2007. the Commission moved to recommend approval to the City
Council.
Harcourt Subdivision AZ -06-046, PP -06-048 PAGE 1
PRELIMINARY PLAT FOR
HARCOURT SUBDIVISION
A REPLAT OF LOTS 1, 2, 4, AND 6 OF A PORTION OF
SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, ADA COUNTY, IDAHO
TOTAL SITE PRELIMINARY PLAT
Res de�t'o Lots 60 Los 15.93 Aar
FCommon Lata 1-- 119 Acre
a11- Open '-F 1.35 Acres
Groza Area 2224 Acral
AREA SUMMARY
Grass Dens ty 2.S -/acre
Net Densly 3.75du/Pcr
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III Melba, ID 83641
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/a' Mwus CRUSHED
ROADMIK BOISE, IDAHO 83709
TYPICAL STREET SECTION CURVE TABLE
50' RIGHT-OF-WAY CURVE LENGTH RADIUS TANGENT CNIX20 CHORD BEARING DELTA TELEPHONE: (208) 376-7330
NTs sass 332e Gals see1 B'sG"E 3Ga9'm.. ENGINEER: JUSTIN E. BOZOVICH, P.E.
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OF
Meridian City Council Meetina February 27, 2007
A meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday,
February 27, 2007, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, and David
Zaremba.
Members Absent: Charlie Rountree.
Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Gene Trakel, Ron
Anderson, Joe Silva, Caleb Hood and Dean Willis.
Item 1: Roll -call Attendance:
Roil call.
X David Zaremba
0 Charlie Rountree
X
X Joe Borton
X Keith Bird
Mayor Tammy de Weerd
De Weerd: Well, good evening. We will go ahead and get started. We appreciate you
all joining us here tonight. Welcome back to those who were with us last night -- or last
week. We appreciate you returning. And we will go ahead and start tonight's meeting.
It is Tuesday, February 27th. It's five minutes after 7:00. Tonight we will start with roll
call attendance. Mr. Berg.
Item 2: Pledge of Allegiance:
De Weerd: Tonight we will have our colors posted by Boy Scout Troop 152. So, would
you all rise.
(Pledge of allegiance recited.)
Item 3: Community Invocation by Pastor Mike Dodd, Capital Christian
Church.
De Weerd: Very well done. Now, if I could ask the troop to, please, come forward. I do
have some City of Meridian pins that we'd like to give to you. Okay. Item No. 3 is our
community invocation. Tonight we will be led by Pastor Mike Dodd. He's with Capital
Christian Church. If you will all join us in the community invocation or take this as an
opportunity for a moment of reflection.
Dodd: Thank you, Mayor and Council people. Please join me in a word of prayer.
Dear Father, we thank you so much for this day, Lord, that you have made, and, Father,
we just tonight acknowledge your goodness in our lives, your faithfulness, Lord, and ask
that, Lord, you would just impart wisdom, Lord, as decisions are made and items of
0
Meridian City Council
February 27, 2007
Page 30 of 100
De Weerd: Mr. Bird.
Bird: I move we close the Public Hearing on RZ 06-014.
Zaremba: I'm just not fast enough, but I'll second it.
De Weerd: Okay. Well, I have a motion to close the Public Hearing on 14. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve RZ 06-014, without a development agreement.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second to approve Item 14 as stated. Is there
any discussion? Mr. Berg, please, call roll.
Roll -Call: Bird, yea; Rountree; absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 15: Public Hearing: AZ 06-046 Request for Annexation and Zoning of 21.7
acres from RUT to an R-4 zone for Harcourt Subdivision by Great Sky,
Inc. — 3465 & 3595 E. Victory Road and 3432 & 3467 E. Falcon Drive:
Item 16: Public Hearing: PP 06-048 Request for Preliminary Plat approval of 61
single-family residential lots and 6 common lots on 21.7 acres in a
proposed R-4 zone for Harcourt Subdivision by Great Sky, Inc. — 3465
& 3595 E. Victory Road and 3432 & 3467 E. Falcon Drive:
De Weerd: Okay. Items 15 and 16 are public hearings on AZ 06-046 and PP 06-048. 1
will open these two public hearings with staff comments.
Canning: Madam Mayor, Members of the Council, this is the Harcourt project. It's
located on the south side of Victory Road, approximately a sixth of a mile east of Eagle.
The applications are for annexation and zoning and preliminary plat. The annexation
and zoning would be of 23.05 acres and they are requesting R-4 zoning. And, then, the
preliminary plat approval they are requesting Is for 60 single family residential lots. The
lots range in size from 9,000 square feet to 22,250 square feet. The subdivision will
provide 1.42 acres or 6.4 percent open space, including eight foot parkway throughout
the entire project. And you see that those show up as the predominant form of open
• 0
Meridian City Council
February 27, 2007
Page 31 of 100
space within the subdivision. The gross residential density is 2.68 dwelling units per
acre. The Commission recommended approval at their January 18th Public Hearing.
Darin Fluke, the applicant — spoke in favor of the application. Brady Turner spoke In
opposition. Michael Reedy, Robert Aldridge, Harold Kaczynski spoke -- or commented.
Written testimony was also provided by Brady Turner for the Dartmoor Homeowners
Association. Dartmoor is immediately to the south of this project. Key issues of
discussion by the Commission were the type of fencing to be installed on the perimeter
and micro pathways, as well as the common open space. The redevelopment potential
of the Kaczynski property to the southeast, that's the property that would be in this
comer here. You can see it right there. The potential for drainage and runoff to affect
neighboring properties, preserving the ditch canal irrigation currently serving the
neighboring properties, preserving trees within the right of way at the terminus of the
Falcon Drive cul-de-sac. And the possible transitioning of lot sizes adjacent to
Dartmoor Subdivision along this southern boundary. Key Commission changes to
staffs recommendation. They restricted Lots 7, 8, 9 and 10 and 11 on Block 7, to a 25
foot rear setback. And I apologize, I didn't look that up, but I am assuming that that is
those lots right there. Okay. Yes. I'm getting a nod from Mr. Fluke. And requiring the
applicant to install vinyl perimeter fencing. Outstanding issues before City Council.
Staff has not received an updated landscape plan, so we have not been able to
evaluate that yet, but that is the only outstanding issue. I'm not aware of any written
testimony since the staff report was prepared. I will answer any questions that you may
have.
De Weerd: Okay. Any comments from Council? And you did refer to the letter we
received from Mr. Aldridge? And Mr. Hutt. And we did receive a landscape plan as
well.
Canning: I believe it was not submitted in time to review it, is what Ms. Hess has stated.
Bird: Its dated 2/22/07, Anna.
Canning: Okay. Councilmember Bird, I believe we have got it, but we didn't get it in
time to evaluate it for tonight's hearing.
De Weerd: Okay. Is the applicant's representative here?
Fluke: Good evening, Madam Mayor, Members of the Council. Darin Fluke, 250 South
Beachwood in Boise, with JUB Engineers, representing the applicant in this matter.
Anna did a good job summarizing the application, so I'm not going to go over the vitals
on it again, other than to say that the site is designated as low density residential by the
Comp Plan. I would note we are in strict conformance with the Comprehensive Plan on
this one. That low density designation allows for up to three dwelling units per acre and
we come in at about 2.68. So, by definition you're looking at a low density project. We
don't have any particular Issues with the conditions of approval. We did agree with the
Planning and Zoning Commission to increase our rear setback where we abut Dartmoor
0 •
Meridian City Council
Febwary 27, 2007
Page 32 of 100
Subdivision. Here on the south and I'll talk about that a little bit more in just a second.
One of the other issues — Anna, could we see the aerial, please? Your aerial.
Canning: The -- yeah, I don't think —
Fluke: No. Yours.
Canning: I know.
Fluke: Oh. Thank you. One of the issues that we were dealing with is the Kaczynski
parcel here is the five acre parcel that lies within Golden Eagle Estates, the same
subdivision that our four parcels lie within. They have about 90 feet of frontage on the
cul-de-sac here and they have got some mature vegetation that abuts that cul-de-sac.
That's not currently developed with curb, gutter, and sidewalk and they are interested in
maintaining that vegetation that they have there, which appears to encroach into the
right of way somewhat. We — in trying to work out that situation, we had a phone
conference with the Ada County Highway District and they did agree that we could pull
that cul-de-sac back somewhat to allow us to construct curb, gutter and sidewalk within
the existing right of way and not affect their vegetation. Otherwise, what you would see
would be just curb, gutter and sidewalk ending at their frontage and, then, picking up
again on the other side, because we will be redeveloping this stretch of Falcon Drive
here with standard street section and curb, gutter, and sidewalk, of course. With regard
to irrigation water, Mr. Aldridge lives here. There is a ditch that courses through the
property here and provides irrigation to all the existing lots within the development. We
have been working with him on a solution to that. Conditions of approval state that we
do have to maintain existing irrigation and we will do that. We are not quite sure how
yet, we are working -- the engineers are looking at it to figure out how best to do it.
What we'd prefer to do would be to hook into our system up here in Sutherland Farms,
which does have adequate capacity. We may need to put in some larger wells to do
that, but we would connect the two and make more efficient use of that infrastructure
that we have already built. So, that's our preferred solution. We will see if that's going
to work. In any event, we will continue to provide Mr. Aldridge with his allotment of
irrigation water where he receives it now, no matter how we have to do that. With
regard to the other issue that came up before the Planning and Zoning Commission, it
had to do with transitional lot sizes against these two lots here abutting Dartmoor
Subdivision. Are we able to see the — that exhibit that I brought? What this shows you
is the southern tier of the proposed Harcourt here. These are the lots that we have got
With 25 foot setbacks on, which is an increase of ten feet over what's required by code.
What this is showing you is that we have an exceptionally large lot here, which it's not
exceptionally large, its an acre, but due to its odd configuration it has almost 400 feet
abutting our project here and what we are trying to show is that the house has about
120 feet of setback currently. In addition, we will have our houses set back off this road
about 20 feet and so you're going to have a good 160 feet of separation. At least
between the dwellings. In addition, the Commission did require that we put a six foot
vinyl fence along the perimeter here and we are okay with that. So, that is why they did
not require us to lose another lot against here, because it does comply with the intent of
•
Meridian City Council
Febnuq 27,2007
Page 33 of 100
the ordinance. The last thing I would make mention of is just that the city anticipated
just this sort of project on lands that are designated low density residential. When the
Comp Plan was adopted, most of the development in the area — maybe we could go
back to your aerial, Anna. The only thing that really existed out here at the time you
adopted your Comprehensive Plan was the Dartmoor Subdivision, which was platted as
a non-farm subdivision. That allowed for one acre lots to be platted in the front with
dedicated open space back here in the rear, which has now been re -subdivided as the
Kingsbridge, I believe, Subdivision. When you designated this as low density you
recognized that we had low density next to us and thought that it would not be
appropriate to have higher densities out here. But recognizing that you were going to
the expense of extending sewer and water and we would have larger roads out in the
area, you did recognize that some more density than what was here originally was
appropriate for the land. When Dartmoor Subdivision was platted, it was a county
subdivision again. It was not required to build curb, gutter and sidewalk, sewer, water,
fire hydrants, streetlights, it was not provided — it was not required to provide open
space. It was not required to improve Eagle Road. And so it was a much cheaper way
to develop. Well, now that we are in the city or, you know, contiguous with the city and
the city has planned for growth in this area, this is the type of growth that makes more
sense. So, we think we have designed a nice project that fits well with the
neighborhood. We do have — excuse me. We do have the support of the majority of
our neighbors and we would simply ask for your approval.
De Weerd: Okay. Council, questions for the applicant at this time?
Bind: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would ask one. Can you point out where — what I'm looking at is your
access -- what I'm looking at is your access to Eagle Road. Where is the access of the
project across the street in relation to your access?
Fluke: Anna, do you know if they were required to align with that existing driver offset?
Canning: Madam Mayor?
De Weerd: Yes, Anna.
Canning: Madam Mayor, Members of the Council, they do line up. It's not very clear
there. There is an odd parcel line that goes further up, but this comes right across
there, so they do line up.
Zaremba: Okay. Thank you.
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Borton: Madam Mayor?
De Weerd: Yes.
Borton: Darin? Anna, can you put the plat back up?
Canning: Yes. After I -- after I recant my last one. Commissioner Zaremba, I'm not
sure. The entrance may be there. It's hard to tell. It could be that it's at the south end
of the project.
Zaremba: My recollection was that when we were considering that -- the opposing
development that we are pointing at, it moved around a little bit, and I thought that it had
ended up at more the southern end of their project in this area.
Canning: I believe it is.
Zaremba: Which was leading me to my question of how many accesses are we having
opposing each other on Eagle Road in a stair step manner. Not opposing each other,
but going stair step.
Canning: The one on this southern end it looks like it is right on the south boundary, so
this property to the south could share an access, because there is a landscape buffer
preventing it from taking access to the road to the south.
Zaremba: So, we would end up with a stair step kind of --
Fluke: Madam Mayor, may I address that? Commissioner -- or Councilman, I presume
that -- I believe that when they came in with this project that they were showing it
aligning. We did speak with the developers over there when we were looking at our
sewer options. And I believe they started out with it in alignment and, then, ended up
moving it for one reason or another, but I believe that that does comply with the ACHD
offset policy for the minimum offset between the two accesses.
Zaremba: Thank you.
De Weerd: Okay. Anything further for the applicant at this time?
Bird: I have none.
De Weerd: Okay. I do have several people who have signed up. I will read your name
and your support or opposition. If you would like to come forward at that time, please,
do so. Brady Turner signed up against.
Turner: Good evening, Madam Mayor and Members of the Council. My name is Brady
Turner. I live at 3678 South Caleb Place in Meridian. My property is right here. I'm
also the president of the Dartmoor Homeowners Association and I'm speaking on behalf
Meridian City Council
February 27, 2007
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of the homeowners in that subdivision this evening. Our objection with this application
is the lack, as you have heard, of transitional lot sizes adjacent to the Dartmoor
Subdivision. The original design had lot sizes adjacent to Dartmoor ranging from 12 to
21 thousand square feet. These were reduced when the development was redesigned
at ACHD's request. The new design was never presented to us prior to the P&Z
hearing, nor was our input solicited. As the applicant stated, while the distance from my
house to the nearest build -able lot of 120 feet does provide some relief, when we look at
other properties in Dartmoor Subdivision, the approximate distances from the nearest
build -able lot in Kingsbridge range from 75 to 230 feet. The average being 134 feet.
So, our property at roughly 120 feet falls below that average. However, the distance to
the nearest build -able lot only tells part of the story. The other factor is the size of the
adjacent lots. The adjacent lots in Harcourt range from slightly over 10,000 feet to
11,400 square feet, averaging 10,006 square feet. In contrast, adjacent lots in
Kingsbridge range from 16,800 to 25,000 square feet. Moreover, all of these lots but
one are restricted to single story homes. When comparing lots with comparable
distances to the nearest build -able lot, comparable to our 120 feet, the lot size in
Kingsbridge range from 23 to 25 thousand square feet. Averaging 23,700 square feet.
We are simply asking for parody with the transitional lots in Kingsbridge that were
supported by this Council and negotiated between the Dartmoor Subdivision and Vision
First, negotiations that have been held up by this Council and the Idaho Statesman, is a
prime example of how the developers and existing homeowners can work together.
Unfortunately, the applicant has ignored our attempts to open a similar dialogue on
three separate occasions. Napoli Subdivision is another prime example where split
zoning and larger transitional lots adjacent to supported existing acreages were
supported by this Council to address homeowners concerns. Fewer larger transitional
lots in Harcourt would help to mitigate the impact of these homes being uphill from our
property, blocking our foothills view, for which we paid a premium when we built our
home and help to retain the feeling of the Dartmoor Subdivision, which is large, open,
estate lots. We would support this application if at least two lots were removed adjacent
to Dartmoor Subdivision, making the transitional lots on the order of 18,000 square feet.
Still smaller than those provided by Kingsbridge and more in line with the original
Harcourt design. We thank you for the consideration this evening.
De Weerd: Thank you. Any questions from Council? Can I ask you a question?
Turner: Yes.
De Weerd: You had mentioned that the plat changed after it went to Ada County
Highway District.
Turner: Yes. The original plat that was presented by the applicant at a homeowners —
or an informational meeting I think it was back in the April 2006 time frame, had much
larger lots than what are proposed here. They had about four lots that were adjacent to
Dartmoor Subdivision. When the street configuration on that south parcel was
reconfigured, they added in some additional lots, thereby reducing the total size of each
i
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lot, also because originally there was a cul-de-sac there and now there is a stub street.
So, all of those factors contributed to reducing the lot sizes.
De Weerd: They had to get the road to that back lot.
Turner: Correct.
De Weerd: Okay. Thank you. Okay. Theresa Turner signed up against. Thank you.
Tammy Cook signed up against. Thank you. And Rick Stott signed up against.
Stott: My name is Rick Stott. 3684 South Caleb Place in Meridian. I live in the -- I'm
neighbors to Brady -- Mr. Turner in the -- in the lot just south of his. So, we touch the
comer of the proposed subdivision. We spent a lot of time -- I was interested earlier this
evening on the discussion with the Woodbridge neighbors in that subdivision and the
relationship that they developed with the proposed developer and the ability for them to
work through a process that was rejected just months ago in that same lot. We have
been very successful over the last couple of years in working with Kingsbridge in
developing a strategy and a plan to provide for transition, provide for an exceptional
neighborhood feeling, not only in our neighborhood, but in the Kingsbridge
neighborhood, increasing the value of those lots and the overall value of the
neighborhood as a whole. Originally, in Kingsbridge we were not thrilled with what they
were proposing and after lengthy discussions and much encouragement from this
Council, in discussion with that developer, we were able to come to a mutually
agreeable position where they have premium lots in a premium neighborhood that
provides additional value to -- to a nice area to live in. This does not fit any of those
qualifications. The developer has not worked in any way. Mr. Turner has tried -- tried
repeatedly to open conversations and dialogues with the development company and
has been ignored to a large degree. I'm surprised that the developer would insinuate
that the majority of neighbors were for the subdivision. I know several -- one in
particular on his -- on the west side of his that is not for it. Certainly, the neighbors in
Dartmoor, as Mr. Turner indicated, are not for the current application. So, I'm not sure
how many other neighbors there are, but right there alone I think he's pretty much
outnumbered. But I haven't talked to many of the other neighbors. A couple of
concerns. One is that -- for example, in our backyard we have a horse and, you know, it
stinks. I was back there and it's a little smelly. And additional setbacks and lower
density houses is important for continuity of the -- of what they -- the new neighbors to
the north of us will have to put up with and encourage that that be in consideration.
Adding an additional lot in the interim period of time between what was originally given
to us as a neighborhood to the time that it was actually presented before the P&Z I think
is a concern as well. And so I just would encourage that this Council be consistent with
its active participation in working with neighborhoods and making sure the transitions
occur amongst the lower densities to higher density projects. Thank you.
De Weerd: Thank you. Any questions from Council?
Bird: I have none.
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De Weerd: Okay.
Stott: Thank you.
•
De Weerd: Those were the people that had signed up. Is there anyone who would like
to provide testimony on this application? Okay.
Fluke: Thank you, Madam Mayor. Darin Fluke. JUB Engineers for the applicant.
Okay. Well, I suppose we are, essentially, down to this issue of transitional lot sizes
and why we did or did not do that and how well we may have negotiated with the
neighbors. I do take slight exception to the fact that I have been unresponsive. Nobody
from the Dartmoor association saw fit to attend the neighborhood meeting. Every time
Mr. Brady called me, which was approximately three times, I did return his call each and
every time. I think what he means to say is that I did not -- my client did not choose to
redesign his project in the way that he wished. That does not indicate a failure to
negotiate, it simply means that there was not agreement and I think I have touched on
some of those reasons. But, again, I'll tell you why. We don't have the same land base
and number of lots that Kingsbridge Subdivision had to spread those costs over. The
costs for bringing urban services that we are required to bring to this area, sewer, water,
curb, gutter, and sidewalk, wider streets, street lights, fire hydrants, all the things that
you expect when you live in a city we provide and Dartmoor Subdivision does not. So,
it's very easy to sit back and say they ought to have big lots, because we have a 400
foot long lot line across there. If I were forced to lose two lots against the Dartmoor
Subdivision, all that would do -- would not increase the depth of the lots against this, it
would simply make them wider. That will do nothing to mitigate the smells from horses
if the pasture is not well maintained. It will not do anything to increase the distance
between the houses that do get built there. I would submit to you that this is low
density, single family housing against low density single family housing. I fail to see
how just because our lot is as large as their lot, that we are not compatible. The
definition of low density has transitioned through time, because when Dartmoor was
approved it was, of course, approved in the county. One acre lots were high density in
the county at that time. The situation is considerably different now and the city has
other considerations besides just the neighbors who want to have large lots or large
tracts of open land against their subdivision. I totally understand that, but I also know
that it's not really in keeping with the plan that the city has for the area, which mandates
that we extend services to the area. So, I would tell you that we have worked with the
neighbors. We have gone to great lengths to accommodate the Kaczynskis. They are
very complimentary. We have gone to lengths to work with Mr. Aldridge on his irrigation
issues. And we have also had to accommodate the highway district, which cost us a lot,
to accommodate their changes that they wanted. And I make one final comment and
that is our original layout your staff did not like and asked us to work on it. It had a
couple of lots back here in the comer when this was a shorter road that had long flags
on them, the very lots that the police department routinely asks you not to approve,
because you can't see into them. And so we get sort of caught between a rock and a
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hard place trying to balance out the needs and desires and wishes of the neighbors and
the agencies and the staffs. If you have any questions, I'd be happy to take those.
De Weerd: Council, any questions?
Fluke: Thank you.
De Weerd: Okay. Council, any further information needed from staff or the applicant?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Anna, a question for you on this East Falcon. Was there a recommendation
that that be stubbed across? Maybe you mentioned it earlier and I missed it. If there is
not, why not?
Canning: Madam Mayor, Members of the Council, East Falcon is an existing street. It
already stubs to the Kaczysnki property.
Borton: Madam Mayor?
De Weerd: Yes.
Borton: So, this -- when I see the cul-de-sac, that exists until that property develops?
Canning: Yes. The property line is actually on the other side of those numbers right
there, so it has access right along there.
Borton: But that cul-de-sac eventually goes away; is that correct?
Canning: No.
Borton: So, when this property develops that remains a cul-de-sac or is it stubbed
through?
Canning: Madam Mayor, Members of the Council, Councilmember Borton, if the
Kaczynskis decide to redevelop, we have seen folks ask for an exchange of right of way
with ACHD where they do remove the turnaround portion in exchange for some of the
property that they have. They could do that. So, they could vacate a portion of that cul-
de-sac and put it in green space or some other use.
Borton: Okay. Thanks.
De Weerd: Thank you. Anything further, Council?
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Bird: Madam Mayor?
De Weerd: Mr. Bird.
•
Bird: Before we close the preliminary, I do -- we have made two or three developments
go back and -- when they have backed up to acre, acre and a half lots, and had them
take out and I didn't hear the testimony from the two -- or the two neighbors there sorry
about the depth as much as just having square footage size. The smell of horses or
cattle -- I guess if you buy out there you'd expect that, because it is still rural out there.
And that's not -- that's not something that you're sneaking in afterwards. Darin -- and I
realize that it does cost a lot of money to develop these. You pay a lot of money for the
land to start with. But we have always -- and I don't think they were worrying about the
depth as much as having some width, too. You compare -- I don't know what those run,
I don't have my scale on it, but I would guess those are maybe 80 foot lots down at their
property?
Canning: For the record, sir, this is 154. This is 85, 80, 139 and 44.
Bird: Okay. That -- yeah. The ones that are -- I wish there was a way that we could
figure out to have two lots there instead of four. I think that would back up and we may
— Kingsbridge, which goes to the east there, do it and I'd just like Darin to -- other than
cost, is there a reason? I mean cost is a major item, I'm not trying to --
Fluke: Councilman Bird -- or Madam Mayor, Councilman Bird, I didn't tell you the full
story on how we got to where we are today. We had a layout that showed 61 lots. We
had our entrance further to the east, which complied with all the standards, but in the
interim you and ACHD approved a Comprehensive Plan amendment with a site plan to
the property to our west. In so doing it locked them in on a driveway here and, then,
we, then, had a conflict with a driveway here — with our approach. So, we moved it over
and we added another stub and in so doing, you know, we lost a couple of lots. We
tried to kill two birds with one stone and do what your staff had requested, which was
rework this area, which I might point out was a very difficult layout to begin with. I would
simply say that esthetically it's not going to work. If I have to lose two lots down here,
you can see if I were to erase that lot line I would lose one lot and I'm going to have one
huge lot. I could scootch these over a little bit and make it work, but if I lose two, I'm
going to just have freakish wide lots in there that don't comport to anything else within
the project. The only reason would be because one lot in the subdivision to the south
has an exceedingly long lot line. That's all. And so it's esthetic, as well as a cost issue.
Bird: Madam Mayor? How about taking one lot? I mean you have got X amount of feet
across there, lineal feet. Getting them a little bigger. I mean -- and I'm just throwing this
out. I'm not -- I would like to — I'd like you to suggest doing it. And I'm not -- I'm not
telling you -- you know, I'm not telling you that it's going to fail because of it, okay?
Fluke: Yes.
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Nary: Feel free to do what you want.
0
Bird: Feel free to do what you want. I would -- and, no, in no way, shape, or form is this
a threat or anything. I mean -- I just would like it to work. I think you got -- it's a nice
development, don't get me wrong. Other than I understand where those people are
coming from. But I also say something. One of these days a developer is going to walk
out there and those guys are going to take their acre and a half and probably want to
put eight units on that.
Fluke: Well -- and we will have the built-in opposition right here for it.
Bird: And you will have a bunch of people there, but is there any way that you think it's
feasible to get that down from four to three lots?
Fluke: Madam Mayor, Members -- Councilman Bird. It's feasible by just taking out an
eraser and doing it. It's certainly not the preference of my client to do that for the afore-
stated reasons. If the Council feels strongly in that way, I would assume that you would
condition it to that way, but having -- I mean I'd just like to be on record as having made
my case.
Bird: No problem. I appreciate it.
De Weerd: You know, I guess just to expand on what Mr. Bird has been saying is this
Council has consistently tried to look at that transition and we know the situation --
oftentimes we do find that the O'Nner's preferences are certainly motivated when Council
says, you know, we would like to see a minimum of this, go back and just get it done.
And I guess I -- we worked with Dartmoor and Kingsbridge. I know Kingsbridge was a
much larger development, but you can push some of that higher density up towards the
road and have a better transition and I guess that's what we have tried to remain
sensitive to is how do you transition and it is all single family housing, but it is a
perception, too, of my open space that I paid for, it's nice to have that transition and a
better flow than what we are really seeing there. So, I would echo Mr. Bird's
comments, but you can see that: I won't be a tie breaker, I'm just another voice up here.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Yeah. Darin, I see your Lot 6 and 11 is over 11,000 square foot and none of your
four across there is that. And I realize when you come to a comer and you get cul-de-
sacs, it's tough, don't get me wrong, I understand that. But, man, I just wish we could
just get some 15 to 16 thousand square foot lots across that back. And I don't know, I
mean — you know.
Fluke: Madam Mayor, if the Council decides to condition us in that manner, I'd simply
ask for the flexibility to work with our layout. We won't change the street configuration,
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but to work in the northern part of the development to see if there is an opportunity to
pick that lot up elsewhere. like I said, I can easily enough reconfigure those by
dropping a lot to put fewer lots against that subdivision to the south. I would simply ask
that you give me the flexibility, then, to find that lot up north, if I can, without changing
the street layout at all. And I would just further ask that you send me on my way, rather
making me bring it back. I won't change the street layout, so you will see what you have
is what you have, it just might squeeze another lot in up north.
Bird: Well, I think the Mayor stated my preference is that if you can -- you know, if you
can get the square footage down there a lot better, you can have a little smaller up --
another lot up there. But I would ask if that's the way it goes, that at least you bring the
preliminary plat back before the staff. We don't have to see it, but, please, take it back
to them.
Canning: Madam Mayor, Members of the Council, as much as I would like to
accommodate Mr. -- or have you accommodate Mr. Fluke's request, it has typically not
worked out well. We need to have you approve the preliminary plat.
Bird: Okay. I have no problem with that.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I would also comment that the staff has not had time to go through the
landscape plan. That would be a reason to continue.
Canning: Madam Mayor, Members of the Council, let me clarify. When you have
required that folks lose a lot in a particular area, we are able to do that. It's the adding
or making up for the lot in another area that typically doesn't turn out well, so --
De Weerd: Certainly, Council, vie could continue this to a specific date, if you would so
desire.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: So far it's just been one vote and you don't get to break a tie, so what do the other
Councilmen feel? I mean do they want to see larger lots down on that -- and they have
had -- you know, the way they are going to vote.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
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Zaremba: My comment would be -- and let me preface that comment. In the staff
comments they mentioned that this was before the Planning and Zoning Commission on
November 2nd, December 21st, and, then, again, on January 18th. I was a member of
the Planning and Zoning Commission on November 2nd and December 21 st and those
two meetings did nothing but continue it on to the next meeting. So, this is my first
substantive look at it. I did not really see it on the Planning and Zoning Commission.
Their decision on the 18th was after you had graciously appointed me to this Council.
So, I was not there. I have to admit that this is not attractive to me. I realize the parcels
that are included in it make it an extremely odd shaped piece of business and I'm sure
they have gone to some difficulty to work in as best as they can. Seeing four cul-de-
sacs in a city that has professed that we are against cul-de-sacs is not comfortable for
me. Seeing the access to Eagle, which, if I noticed the aerial right, there are currently
five residents that use that access to Eagle. It seems to me that probably works okay
for five residences, but to etch into stone that that is forever going to be the access for
an increased number of residential units, not -- probably not only this project, but the
property to the southeast, then, is going to keep that same access. The three
properties it looks like to the west between this project and Eagle would probably
maintain that same access. I would much rather see a larger picture of where this
access matches up with the development on the other side of Eagle Road for their
access. I like the access to Victory. It aligns with the subdivision across. I'm
uncomfortable with this access to Eagle. Unfortunately, if this project is approved, that
pretty well means that forever this is where that access is going to go and I would want
to until the property to the west between here and Eagle was included and the access to
line up with the development across the street. Plus, the four cul-de-sacs in this one. I
have no problem with the density. I think it's right. If the housing were to align that way
could see subtracting a lot on the south and adding one on the north someplace and
maintaining the density, I don't have a problem with that. I just feel that the four cul-de-
sacs and the location of what will become the final access to Eagle is not comfortable
for me. And I'm not sure continuing it would change my opinion on that.
De Weerd: Okay.
Fluke: Madam Mayor, could I just make a quick comment regarding the cul-de-sacs?
Because that was an issue we looked at for sure. Councilmen, I respect your opinion
on this and I understand what you're trying to do is get connectivity. I would point out a
couple things for you. One is Falcon Drive is existing public right of way now. We have
zero control over this cul-de-sac or its location on Eagle Road. It is what it is. That's
where it was platted. The one across the road was approved by this Council and ACHD
and I have no control over the fact that it doesn't align either. So, I find that to be a high
bar that's a little bit unfair to hold this project to. But to mitigate your concerns I would
point out that this does provide better connectivity, because now you have got a
connection up to Victory Road where before you did not. And, in fact, part of ACHD's
problem with the previous alignment was we had an approach here that came into the
project and it made almost a straight shot if you came up here and they were concerned
about cut -through traffic coming from points south and cutting through the project to go
to points east and that was part of their rationale for making us move it over to here to
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E
make it a little bit more difficult. But we do provide that access to Victory Road. And I
would submit to you that most of the trips they will be going to Boise, if not going up
Eagle Road to the freeway, will be going east on Victory Road from that access right
there. The majority of the lots do, in fact, have easier access to go to that. So, as far as
the other cul-de-sacs that we designed, I could have connected this, granted, but it
didn't gain us much. In fact, it loses a lot, because this is fixed and this is an existing
house that we were trying to maintain. So, it made an ugly lot here with a road on,
essentially, four sides of it and lost a lot without getting much benefit. The same is true
of these. We could have connected these, but, again, it didn't provide much, except for
losing lots within the project. We were trying to hit that three dwelling units to the acre
that the city was looking for in the area, you know, to make the project pencil. You all
pointed out correctly that it's expensive land, because, you know, each one of those five
acre lots has a house on it. There is one here, there is one here, there is one here, and
there is one over here. And two of those we can't maintain, obviously, but, two, we tried
and that was part of our -- our challenge in this layout. So, it's been -- this thing's been
over a year in the planning process to get in front of you today by a long way.
Zaremba: I would have -- Madam Mayor? I certainly would have to admit that I would
not want to have to try to design for this particular shape of property that you're working
on and I know it has a lot of problems in it and, on the one hand, basically, I think you
did a good job with what you were given, but I just have a little difficulty with a couple of
those things.
Fluke: I understand.
De Weerd: I guess just to muddy the water a little bit more, can you tell me a little bit
about your open space?
Fluke: Your ordinance provides for parkways in lieu of, you know, a -- sort of a park
area and that's what we opted for in this case, because it's a low density project. We
have only six lots within the project that are less than 10,000 square feet and of those
six about three of them are one or two hundred square feet less than 10,000 square
feet. Those are large lots and lots of that size don't demand a lot of dedicated open
space or play area within the project and so what the client had opted for was to do the
open space in a parkway configuration, which, as you know, creates a more traditional
feel in the project and, actually, a feeling of more openness. Those lots are fairly wide,
80 feet and up, and with the addition of the parkways it gives it a real nice low density
feel to it and allows you to get the open space that the code requires in a method that
the code allows for.
De Weerd: The triangular piece, what is the plan? I see on the plat here just says
lawn. What is the idea for it?
Fluke: We assume that that will accommodate storm drainage on that lot and, again, in
compliance it will be landscaped and it will be open, but in the event of a hundred year
storm it would fill with water and, then, slowly seep in.
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De Weerd: What slope?
Fluke: Oh, it would be no more than about four to one. I forget exactly what the Public
Works standards are. I'm sure Len could tell us, but whatever those standards are we
will comply with them.
De Weerd: So, it will be a pretty obvious drainage area.
Fluke: Four to one is pretty gentle. It will all be sodded and you only need to leave a
sand window, you know, where you actually infiltrate and so it's a question of design.
We have done them all over the place. Burney Glenn and Cedar Springs and all those
projects have similar -- I mean the realignment is that that was the left over piece and so
we -- you know, it didn't make any sense to go into the lot north of it and so we will
accommodate some drainage in there and landscape it nicely.
De Weerd: Thank you. Okay. Council?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I agree with some of these concerns, amongst others, this transition issue, I
don't necessarily need to restate some of the remarks already put forth on them. What I
would like to see -- and I tossed the idea out, is that this matter be continued to March
13th -- Mr. Nary, correct me if my understanding's wrong -- it would be nice to continue
it on all matters to March 13th. I know Councilman Rountree will be back, then, as well.
I'd like to invite Darin to meet with Mr. Turner or the Dartmoor Homeowners Association
group and kind of work together to discuss this transition issue that Councilman Bird
has invited -- invited the opportunity for you to propose with reducing at least one lot
down on that southern portion. I think, again, Councilman Bird did a pretty good job of
describing the balancing act in wrestling with transition areas and trying to be sensitive
to existing homeowners, like Mr. Turner, as well as developers who are trying to meet
budgets and have to lose a lot. It's difficult on both sides. If that doesn't work I'd invite
the applicant to tell me otherwise, but I think March 13th should give enough time to
redesign -- get together and meet and perhaps we will see you in the vestibule in just a
few moments talking with each other to come up with a date and, then, come back on
the 13th and go from there.
De Weerd: Okay.
Bird: Is that a motion?
Borton: Having said that, I would move -- if there is no further discussion, I would move
that we continue Items 15 and 16, AZ 06-046 and PP 06-048, to Tuesday, March 13th.
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Meridian City Council
February 27, 2007
Page 45 of 100
Bird: Second.
4)
De Weerd: Okay. I have a motion and a second to continue Items 15 and 16 to March
13th. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Borton: And Madam Mayor?
De Weerd: Yes.
Borton: presuming that would provide the opportunity for the landscape plan to be
reviewed by staff.
Item 17: Public Hearing: VAC 07-002 Request to Vacate a public utility, drainage
& irrigation easement common to Lots 1 & 2, Block 1 of the Olson & Bush
Industrial Park for Lanark Street Easement by Ronald W. Van Auker —
De Weerd: Okay. Direction taken. Okay. Item 17 is VAC 07-002. 1 will open this
Public Hearing with staff comments.
Canning: Madam Mayor, Members of the Council, this is a project on Lanark. It's the
west side of Eagle Road approximately a fifth of a mile north of Franklin Road and the
Eagle Road intersection is highlighted there before you. You may recall that recently
you approved annexation and — or a rezone of this property and now you are — to
accommodate the site plan that they provided that evening, they need to vacate this
easement. It is a ten foot wide, which is five feet on either side of the existing lot line for
public utility irrigation and lot drainage easement. Again, the property is currently two
lots and just the plat has an easement on that interior lot line that they need to vacate.
Staff is supportive of the vacation and to our knowledge there are no outstanding issues
before Council.
De Weerd: Okay. Thank you, Anna. Any questions for staff? Would the applicant like
to come forward. Any comment?
Van Auker: Good evening. My name is Ron Van Auker, 3084 East Lanark in Meridian.
Well, junior, if that matters.
De Weerd: I was going to ask. You don't look like Ron.
Bird: We know the difference.
Van Auker: Taking some age -altering drugs. Anna pretty much summed it up. I just --
if you have any questions I'll feel free to answer them.
De Weerd: Okay. Council, any questions? Oh, come on.