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HomeMy WebLinkAboutFebruary 15, 2005 C/C Minutes Meridian City Councii February 15, 2005 Page 13 of 20 Bird: Madam Mayor? De Weerd: Mr, Bird, Bird: With that clarification -- and I do like that idea, seeing how that is the week of spring break and, you know, the ones that have children --I move that we table Public Hearing CPA 04-003 to March 29th, 2005. Donnell: Second. De Weerd: Okay. The motion is to continue Item 11 to March 29th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: AZ 04-034 Request for Annexation and Zoning of 19.63 acres from a RUT zone to a R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Item 13: Public Hearing: PP 04-043 Request for Preliminary Plat approval for 98 building lots and 27 common lots on 19.63 acres in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Item 14: Public Hearing: CUP 04-052 Request for a Conditional Use Permit for a Planned Development for a residential subdivision in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction -6000 North Meridian Road: De Weerd: Okay. Items 12, 13, and 14 are all related. I will open these three items, Public Hearing AZ 04-034, PP 04-043, and CUP 04-052. I will open these with staff comments. Canning: Madam Mayor, Members of the Council, the applicant has submitted a revised site plan to staff on Friday and s6 we have a question before the Council today, just to decide where you want to go. The two options are to remand it back to P&Z for their consideration of the revised site plan or to go ahead and schedule it for two weeks out to give staff adequate time to review the proposal and I just wanted to explain to you why I'm asking you to make this decision, I guess. This is for Hacienda Subdivision. It's located across from Paramount next to Saguaro. This is the Priddy property. I think you will remember Mr. Priddy and his bull -- the animal. Sorry. And this is the Ventana Subdivision and this will be the new school site. So, it's in an area that's seen a lot of very recent development activity. This is the proposed -- this is the layout that the Planning and Zoning Commission commented on and, in particular, I want to point out some of these open spaces along the southern and eastern boundary. This is the Meridian City Council February 15. 2005 Page 14 of 20 revised site layout and so here you see them stacked one on another. What's missing are the ones that are circled in red here. These are attached townhouse products. And I have a picture of them. There they are. And that's just two, but they are actually attaching up to four. Five on this one and five on that one. And so they have taken out these open space lots that were 20 feet in width. So, there used to be 30 feet between the buildings. And I didn't check the minutes exactly, but I remember that being a comment of the Planning and Zoning Commission, that they felt a little more comfortable with those attached products, because there was that break. They also lost a common lot here. Now, Mr. Bailey has explained to me that the reduction in that separation isn't as great as it would appear, because the applicant still intends to provide a distance between those structures, but it would go down to ten feet in some cases. I think it is going between 20 to ten. And they can explain that a little better than I can. But when I first saw this, I was very concerned about the loss of the open space lots. Now, they did remove one buildable lot also and that was in this area here. They lost a buildable lot. The reason that they have made these changes is that they went from a 30 foot frontage to a 32 foot frontage and that required shifting some of the open space. So, I did not feel comfortable making the call on this one as to whether it should go back to -- well, I can't require that they go back to P&Z, only you can do that, but I didn't feel comfortable taking it from -- to you until you had had an opportunity to comment on this. De Weerd: Okay. Council, would you like to ask questions or hear from the applicant first? Mr. Wardle. Wardle: Madam Mayor, just a question of Anna. So, really, what you're asking is for the hearing that we have tonight, staff's asking to either delay it two weeks and, then, present it to the City Council in its entirety with the revised plan? Canning: Correct. Wardle: Or whether we'd like to remand it to Planning and Zoning with apparently a substantial change? Canning: Yes. That's the question. De Weerd: And we do have Don and Denise Ivory here tonight, which I'm sure they haven't had an opportunity to look at this as well. So, our members of the public, I assume, have not seen the revised plan. Okay. Would the applicant like to comment? Sorry. I just had no idea who the applicant was tonight. Nickle: That's okay, Madam Mayor. De Weerd: If you will, please, state your name and address. Nickle: Shawn Nickle. 52 North 2nd Street in Eagle. Meridian City Councii February 15. 2005 Page 150f20 De Weerd: Okay. Nickle: Are you going to swear me in or are we -- De Weerd: No. We took this out of our ordinance. Nickle: Okay. Well, I will be honest anyway. De Weerd: I will remind you to, please, tell the truth. Nickle: I usually do. De Weerd: Usually. Nickle: Usually. Bird: Usually. He did say that. Usually. Nickle: I think we understand staff's concerns. I don't -- I don't think -- well, we don't feel it's necessary to go back to Planning and Zoning. I don't think -- we don't think it's a substantial change. We do believe that staff needs some additional time to review this. We did give it to her on Friday. And we can meet with the neighbors after this meeting and kind of show them what we have done. The concern, from what we understand, is the distance between those existing -- those structures through the attached units. The two on the left that are circled would have an 18 foot separation between buildings, that third one would have a ten foot, and, then, the one on the eastern boundary would have a 20 foot. We have -- I guess based on your recommendation,we do have the ability to remove a lot on the south boundary and widen those gaps. I don't know if that's necessary and I guess I would ask that we -- if you decide to postpone it for two weeks, that we get together with staff and see if we can address those concerns. And, if not, we would come back to you with one less lot on that south boundary to widen that gap. We had some other issues that came up between Planning and Zoning and now, particularly the tiling of the ditch through the property, concerns that the police department had with visibility around our clubhouse, and the stub street to the nbrth, all of which I believe we can resolve, with staff within this two weeks and bring you back a cleaner application at that time. And that's what we would request. I'll stand for questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You say the -- you had some concerns between Planning and Zoning now that's been brought up by the police department, some other deal, Shawn? It wasn't brought up at the Planning and Zoning? Meridian City Councii February 15, 2005 Page 16 0120 Nickle: It was brought up at the Planning and Zoning. Bird: Oh. Okay. Nickle: One of the things the Planning and Zoning did, they wanted us to move our -- that existing wall right where that pointer is at. It was too close to the street. They wanted us to move it ten feet back. That's been accomplished. I think the concern with the police department -- I did talk to Chief Musser today -- was the visibility. There is an existing -- if you guys have driven by the property, there is an existing stucco wall that ranges from three to six feet in height and I think the concern with staff and with the police department was visibility in that common area. I believe that we can work out with the police chief and make him -- satisfy his concerns with that. Bird: And with the ditch company, what is Settler's -- Nickle: The ditch company, they would like us to tile it. Your Planning and Zoning -- the Planning and Zoning Commission and staff feel, along with us, that it would be a nice amenity to keep it open through the property as it goes around the clubhouse and through the open space right there. Bird: I agree. Nickle: I think we would like the option of working with the irrigation district and seeing if we can't leave that open and, if not, obviously, we will pipe it. Bird: Thank you. Nickle: And, then, the one last thing, since we are talking about it, the stub street to the north, originally we couldn't get ahold of the Catholic church to find out what their plans were for that property prior to P&Z. We have since talked to them and their plans are to come back in with a -- I guess a Sunday school or some sort of school related to the church at some future date. We would just like the option of working with the highway district and the church and if they do develop it that way, we don't feel that there is a need to have that stub street. If it was going to be residential, I could see the need for the interconnectivity. So, we woulçt just like the option, through a condition, that we work with the church and with staff and the highway district to figure out what that will be and, then, we will act accordingly. So, those were the issues. I'll be quiet now. - De Weerd: Well, it sounds like there is a number of issues that need to be worked out that could result in a number of changes to this. So, Council -- Mr. Wardle. Wardle: Madam Mayor, my preference on this application would not be to remand it, but to allow the applicant and staff time to work it out. These don't seem to be substantial changes, in my opinion. I would also encourage the applicant to work with the neighbors and surrounding property owners in that two week time period. Meridian City Councii February 15, 2005 Page 170f20 Nickle: Absolutely. De Weerd: Council, I guess I would also like to request of staff -- we have been asking for some time and certainly our Comp Plan supports certain densities, but I want to know what our transportation corridors are. These -- as we look at higher density developments, we have to know what our road plans are and where these higher densities really should be, instead of just assuming that it will be supported at some point with public transportation or appropriate road infrastructure. We have to have this design. In particular, when we start looking at these higher densities. And so this -- when it comes back with staff recommendations, I would like to know what that -- if this is part of a long-term plan for -- and if this higher density is supported by a transportation plan. Is that putting you on the spot? I have talked to Brad Hawkins-Clark -- we have to look at a mobility study and start just putting our plan together, if it's -- if it needs more detail, if we need to see how the master plan pathways are going to connect and some of the stuff, because I don't feel comfortable putting high densities in a place where I don't know if it's going to ever be supported with public transportation or appropriate roads. Canning: Madam Mayor -- and I'm not trying to be argumentative, but it's less than five units to the acre. I know it looks different, but it's -- you know, it's -- well, I have got the density from 4.99 is what I have got, Shawn, originally, so -- De Weerd: But it starts to add up. Canning: Yeah. I'm just -- high density means something different to me, but I just-- De Weerd: It looks -- it definitely does look high density, but we do need to know about our infrastructure and our road plans out there. Mr. Wardle. Wardle: Madam Mayor, if there are no other comments, I would move that we continue the Public Hearing on Items 12, 13, and 14 to March 1st. Bird: Madam Mayor, before I second that, you need to find out if there is anyboçjy here that needs to testify tonight. ' , Wardle: I will withdraw my motion. De Weerd: Okay. This is a Public Hearing, although changes could be made, you may want to comment after you have seen those changes made. Is there anyone in the public who would like to offer testimony tonight? Okay. And I'm assuming the applicant will meet with the neighbors after this. Okay. Mr. Wardle. Wardle: Madam Mayor, I, again, move that we continue Items 12, 13 and 14 to March 1 st, 2005. Donnell: Second. Meridian City Council February 15, 2005 Page 18 of 20 Bird: Second. De Weerd: Okay. The motion is to continue Items 12, 13, and 14to March 1st. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 15: Water, Sewer and Trash Delinquencies: De Weerd: Okay. Item 15 is our water, sewer and trash delinquencies. Pursuant to Meridian City Code 9-1-21, delinquent water users shall have the right to request a pre- termination hearing prior to water service being disconnected. No water users having requested such pre-termination hearing for February 15th, 2005, water service for the attached turnoff list will be terminated on February 16th, 2005. The total amount of the turnoff list is $40,032.44. Council, do I have a motion to approve the turnoff list? Donnell: So moved. Wardle: Second. De Weerd: The motion is to approve the list in front of you of $40,032.44. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. Item 17 is an Executive Session per"- Donnell: Are we doing to do 16? Item 16: Ordinance No. : AZ 04.026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: De Weerd: Oh, sorry. I'm sorry, Mr. Berg. I almost forgot to give the opportunity to please read Item 16, Ordinance 05-1133 by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1133, an Ordinance known as Mountain West Bank for property located as designated in Attachment A of this ordinance and annexing certain lands .and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands as C-G, General Commercial, in the Meridian City Meridian City Council February 15, 2005 Page 13 of 20 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With that clarification -- and I do like that idea, seeing how that is the week of spring break and, you know, the ones that have children -- I move that we table Public Hearing CPA 04-003 to March 29th, 2005. Donnell: Second. De Weerd: Okay. The motion is to continue Item 11 to March 29th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: AZ 04-034 Request for Annexation and Zoning of 19.63 acres from a RUT zone to a R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Item 13: Public Hearing: PP 04-043 Request for Preliminary Plat approval for 98 building lots and 27 common lots on 19.63 acres in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Item 14: Public Hearing: CUP 04-052 Request for a Conditional Use Permit for a Planned Development for a residential subdivision in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: De Weerd: Okay. Items 12, 13, and 14 are all related. I will open these three items, Public Hearing AZ 04-034, PP 04-043, and CUP 04-052. I will open these with staff comments. Canning: Madam Mayor, Members of the Council, the applicant has submitted a revised site plan to staff on Friday and sa we have a question before the Council today, just to decide where you want to go. The two options are to remand it back to P&Z for their consideration of the revised site plan or to go ahead and schedule it for two weeks out to give staff adequate time to review the proposal and I just wanted to explain to you why I'm asking you to make this decision, I guess. This is for Hacienda Subdivision. It's located across from Paramount next to Saguaro. This is the Priddy property. I think you will remember Mr. Priddy and his bull -- the animal. Sorry. And this is the Ventana Subdivision and this will be the new school site. So, it's in an area that's seen a lot of very recent development activity. This is the proposed -- this is the layout that the Planning and Zoning Commission commented on and, in particular, I want to point out some of these open spaces along the southern and eastern boundary. This is the Melidian City Council February 15. 2005 Page 140f20 revised site layout and so here you see them stacked one on another. What's missing are the ones that are circled in red here. These are attached townhouse products. And I have a picture of them. There they are. And that's just two, but they are actually attaching up to four. Five on this one and five on that one. And so they have taken out these open space lots that were 20 feet in width. So, there used to be 30 feet between the buildings. And I didn't check the minutes exactly, but I remember that being a comment of the Planning and Zoning Commission, that they felt a little more comfortable with those attached products, because there was that break. They also lost a common lot here. Now, Mr. Bailey has explained to me that the reduction in that separation isn't as great as it would appear, because the applicant still intends to provide a distance between those structures, but it would go down to ten feet in some cases. I think it is going between 20 to ten. And they can explain that a little better than I can. But when I first saw this, I was very concerned about the loss of the open space lots. Now, they did remove one buildable lot also and that was in this area here. They lost a buildable lot. The reason that they have made these changes is that they went from a 30 foot frontage to a 32 foot frontage and that required shifting some of the open space. So, I did not feel comfortable making the call on this one as to whether it should go back to -- well, I can't require that they go back to P&Z, only you can do that, but I didn't feel comfortable taking it from -- to you until you had had an opportunity to comment on this. De Weerd: Okay. Council, would you like to ask questions or hear from the applicant first? Mr. Wardle. Wardle: Madam Mayor, just a question of Anna. So, really, what you're asking is for the hearing that we have tonight, staff's asking to either delay it two weeks and, then, present it to the City Council in its entirety with the revised plan? Canning: Correct. Wardle: Or whether we'd like to remand it to Planning and Zoning with apparently a substantial change? Canning: Yes. That's the question. De Weerd: And we do have Don and Denise Ivory here tonight, which I'm sure they haven't had an opportunity to look at this as well. So, our members of the public, I assume, have not seen the revised plan. Okay. Would the applicant like to comment? Sorry. I just had no idea who the applicant was tonight. Nickle: That's okay, Madam Mayor. De Weerd: If you will, please, state your name and address. Nickle: Shawn Nickle. 52 North 2nd Street in Eagle. Meridian City Councii February 15, 2005 Page 15 0120 De Weerd: Okay. Nickle: Are you going to swear me in or are we -- De Weerd: No. We took this out of our ordinance. Nickle: Okay. Well, I will be honest anyway. De Weerd: I will remind you to, please, tell the truth. Nickle: I usually do. De Weerd: Usually. Nickle: Usually. Bird:. Usually. He did say that. Usually. Nickle: I think we understand staff's concerns. I don't -- I don't think -- well, we don't feel it's necessary to go back to Planning and Zoning. I don't think -- we don't think it's a substantial change. We do believe that staff needs some additional time to review this. We did give it to her on Friday. And we can meet with the neighbors after this meeting and kind of show them what we have done. The concern, from what we understand, is the distance between those existing -- those structures through the attached units. The two on the left that are circled would have an 18 foot separation between buildings, that third one would have a ten foot, and, then, the one on the eastern boundary would have a 20 foot. We have -- I guess based on your recommendation, we do have the ability to remove a lot on the south boundary and widen those gaps. .I don't know if that's necessary and I guess I would ask that we -- if you decide to postpone it for two weeks, that we get together with staff and see if we can address those concerns. And, if not, we would come back to you with one less lot on that south boundary to widen that gap. We had some other issues that came up between Planning and Zoning and now, particularly the tiling of the ditch through the property, concerns that the police department had with visibility around our clubhouse, and the stub street to the nOrth, all of which I believe we can resolve, with staff within this two weeks and bring you back a cleaner application at that time. And that's what we would request. I'll stand for questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You say the -- you had some concerns between Planning and Zoning now that's been brought up by the police department, some other deal, Shawn? It wasn't brought up at the Planning and Zoning? Meridian City Council February 15. 2005 Page 160120 Nickle: It was brought up at the Planning and Zoning. Bird: Oh. Okay. Nickle: One of the things the Planning and Zoning did, they wanted us to move our -- that existing wall right where that pointer is at. It was too close to the street. They wanted us to move it ten feet back. That's been accomplished. I think the concern with the police department -- I did talk to Chief Musser today -- was the visibility. There is an existing -- if you guys have driven by the property, there is an existing stucco wall that ranges from three to six feet in height and I think the concern with staff and with the police department was visibility in that common area. I believe that we can work out with the police chief and make him -- satisfy his concerns with that. Bird: And with the ditch company, what is Settler's -- Nickle: The ditch company, they would like us to tile it. Your Planning and Zoning -- the Planning and Zoning Commission and staff feel, along with us, that it would be a nice amenity to keep it open through the property as it goes around the clubhouse and through the open space right there. Bird: I agree. Nickle: I think we would like the option of working with the irrigation district and seeing if we can't leave that open and, if not, obviously, we will pipe it. Bird: Thank you. Nickle: And, then, the one last thing, since we are talking about it, the stub street to the north, originally we couldn't get ahold of the Catholic church to find out what their plans were for that property prior to P&Z. We have since talked to them and their plans are to come back in with a -- I guess a Sunday school or some sort of school related to the church at some future date. We would just like the option of working with the highway district and the church and if they do develop it that way, we don't feel that there is a need to have that stub street. If it was going to be residential, I could see the need for the interconnectivity. So, we woulçt just like the option, through a condition, that we work with the church and with staff and the highway district to figure out what that will be and, then, we will act accordingly. So, those were the issues. I'll be quiet now. - De Weerd: Well, it sounds like there is a number of issues that need to be worked out that could result in a number of changes to this. So, Council -- Mr. Wardle. Wardle: Madam Mayor, my preference on this application would not be to remand it, but to allow the applicant and staff time to work it out. These don't seem to be substantial changes, in my opinion. I would also encourage the applicant to work with the neighbors and surrounding property owners in that two week time period. Meridian City Council February 15, 2005 Page 17 0120 Nickle: Absolutely. De Weerd: Council, I guess I would also like to request of staff -- we have been asking for .some time and certainly our Comp Plan supports certain densities, but I want to know what our transportation corridors are. These -- as we look at higher density developments, we have to know what our road plans are and where these higher densities really should be, instead of just assuming that it will be supported at some point with public transportation or appropriate road infrastructure. We have to have this design. In particular, when we start looking at these higher densities. And so this -- when it comes back with staff recommendations, I would like to know whatthat -- if this is part of a long-term plan for -- and if this higher density is supported by a transportation plan. Is that putting you on the spot? I have talked to Brad Hawkins-Clark -- we have to look at a mobility study and start just putting our plan together, if it's -- if it needs more detail, if we need to see how the master plan pathways are going to connect and some of the stuff, because I don't feel comfortable putting high densities in a place where I don't know if it's going to ever be supported with public transportation or appropriate roads. Canning: Madam Mayor -- and I'm not trying to be argumentative, but it's less than five units to the acre. I know it looks different, but it's -- you know, it's -- well, I have got the density from 4.99 is what I have got, Shawn, originally, so -- De Weerd: But it starts to add up. Canning: Yeah. I'm just -- high density means something different to me, but I just -- De Weerd: It looks -- it definitely does look high density, but we do need to know about our infrastructure and our road plans out there. Mr. Wardle. Wardle: Madam Mayor, if there are no other comments, I would move that we continue the Public Hearing on Items 12, 13, and 14 to March 1st. Bird: Madam Mayor, before I second that, you need to find out if there is anybody here that needs to testify tonight. . . Wardle: I will withdraw my motion. De Weerd: Okay. This is a Public Hearing, although changes could be made, you may want to comment after you have seen those changes made. Is there anyone in the public who would like to offer testimony tonight? Okay. And I'm assuming the applicant will meet with the neighbors after this. Okay. Mr. Wardle. Wardle: Madam Mayor, I, again, move that we continue Items 12, 13 and 14 to March 1 st, 2005. Donnell: Second. Meridian City Councii February 15. 2005 Page 18 0120 Bird: Second. De Weerd: Okay. The motion is to continue Items 12, 13, and 14 to March 1st. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 15: Water, Sewer and Trash Delinquencies: De Weerd: Okay. Item 15 is our water, sewer and trash delinquencies. Pursuant to Meridian City Code 9-1-21, delinquent water users shall have the right to request a pre- termination hearing prior to water service being disconnected. No water users having requested such pre-termination hearing for February 15th, 2005, water service for the attached turnoff list will be terminated on February 16th, 2005. The total amount of the turnoff list is $40,032.44. Council, do I have a motion to approve the turnoff list? Donnell: So moved. Wardle: Second. De Weerd: The motion is to approve the list in front of you of $40,032.44. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. Item 17 is an Executive Session per-- Donnell: Are we doing to do 16? Item 16: Ordinance No. AZ 04-026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Móuntain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: De Weerd: Oh, sorry. I'm sorry, Mr. Berg. I almost forgot to give the opportunity to please read Item 16, Ordinance 05-1133 by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1133, an Ordinance known as Mountain West Bank for property located as designated in Attachment A of this ordinance and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands as C-G, General Commercial, in the Meridian City