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HomeMy WebLinkAboutMarch 21, 2006 C/C Minutes -- ~ Meridian City Council March 21,2006 Page 15 of 50 Item 11: Tabled Public Hearing from March 14, 2006: AZ 05-061 Request for Annexation and Zoning of 9.55 acres from RUT to C-G zone for Una Mas by Una Mas, LLC - 3475 East Ustick Road: De Weerd: Okay. Item 11 was a tabled Public Hearing from March 14th, AZ 05-061. I will start with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. I will be brief. This was, as you mentioned, on last week's agenda. Just a couple of things, I guess. There was a letter received today, I believe -- yeah, dated March 21 st from the applicant Hansen- Rice and I hope you all got that letter. It's, basically, asking you to take action on their application independent of what happens with ACHD. ACHD's request for their six week deferral did a similar -- had a similar request that they are a stand-alone application and it's nice when we can look at the bigger picture. But this applicant is not eager to wait another six weeks for action by the Council, just to put words in their mouth. I'll let you read that at your convenience. They did want to clarify a couple of things and I guess I'll go to their concept plan real quick. And it does show -- it does show ACHD's collector roadway on the eastern side of this and the exact alignment of this collector roadway is -- my understanding, has not been determined yet, it's more for discussion purposes that it can show how this property can eventually tie back into that collector roadway. I don't think it's any secret that the subject applicant would like to acquire the remainder parcel after ACHD builds the collector, but they can make this project work without that acquisition as well. So, like I said, I won't belabor this application too much. It was continued, basically, because it was on the agenda after ACHD's and we all thought that it was a good idea to kind of hold them together and with that I will stand for any questions you may have. De Weerd: Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. Would the applicant like to come forward? If you will, please, state your name and address for the record. Roseigh: Madam Mayor, Members of the Council, John Roseigh with Hansen-Rice, 1717 Chisholm Drive, Nampa, Idaho. De Weerd: Thank you. Roseigh: We just wanted to reiterate again what staff had mentioned. We agree with staff's report and their findings. We have no issues with that. We do want to be clear, in the last meetings, also in Commission hearings, we have been linked with ACHD's property primarily due to ACHD wanting to split off theirs and our interest in acquiring that property. But as staff has stated, we don't need it and, you know, it would be just an additional benefit to our property if we got it, but we are -- you know, we'd like to proceed forward without it, you know, being considered as part of that. One of the other " Meridian City Council March 21,2006 Page 16 of 50 -- one of the other major -- or one of the other issues that seems to continually come up is the cross-access agreement between our property, ACHD's property, and the west property, which would be the Gateway Marketplace. In meetings with ACHD and the applicant for the Gateway Marketplace, we have come to an agreement that we would have -- as the staff report has indicated, we would not only have the 40 foot -- the 42 foot right of way road at the southern portion, but we would also have two direct accesses across the property, one roughly 350 feet from Ustick and one at a -- it's roughly 170 feet from the bottom that would go directly across our property to Allys Way in the future. This drawing, again, was preliminary. It was for discussion purposes only, just to show what this road -- what ACHD had originally thought they wanted to do with it, so that we could kind of figure out what they wanted to do, so we could layout ours. Again, we -- you know, we are looking at retail and general commercial. The property to the west is already zoned general commercial and has -- their preliminary plat's been, I believe, approved by Commission that has retail space already there and, you know, we would like to move forward with the clients that we have, who are waiting anxiously for us to get through zoning. So, we would really appreciate your approval tonight on this project and I will stand for any questions. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. Rountree: I have none. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a question for legal counsel. If I remember this correctly, we did close the Public Hearing. De Weerd: We did. Wardle: And, then, tabled the actual issues, so can I make a motion to reopen the Public Hearing and include all testimony we have just had, so that we can consider it. Nary: Certainly. Wardle: Okay. Just procedure. Sorry. De Weerd: We did continue it, but it is after it had been closed. Nary: Right. De Weerd: I was just ignoring that. Meridian City Council March 21,2006 Page 17 of 50 Wardle: Madam Mayor, I move -- De Weerd: But for the record I appreciate that. Wardle: I move that we reopen the Public Hearing on Item 11, AZ 05-061, and include all testimony we just heard. Rountree: Second. De Weerd: Okay. Motion to reopen on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. I -- did you have a question for the applicant as well? Wardle: No, Madam Mayor, I was just making sure that we could hear this item on its own and potentially take action on it if we wanted to. De Weerd: Okay. I did have a question for the applicant. These are going to be some very busy corners and what we have asked of the developers across the street are for architectural renderings or elevations on what they anticipate to be going in. Do you have ideas of what your buildings would look like or anything like that? Roseigh: Madam Mayor, Members of the Council, when we first -- when we first were at this preliminary stage, we had a -- we had a client for this particular box and due to the continuation and being tabled, they have since withdrawn -- they are a local business and they have -- they, basically, bought another building, because it was taking too long, so at this point we have one -- we have one client who is interested in the piece down here at the bottom. They are looking to tie up the land at this point, waiting for the applicant, who is down here at the -- who is looking to rezone that from general commercial back to residential. They have an anticipation of what they want to do there. We do not have any elevations or renderings at this point. When -- once we have been annexed in, we can get into our preliminary plat and start moving forward and be out there actively marketing and finding those clients to fit in that. We do plan on having 3-D models and renderings for those to submit to staff for approval. We would like to -- I mean this -- the Gateway Marketplace has renderings -- preliminary renderings at this point of what they would like it to -- the flavor of what they would like their development to look like. As an architect, I share their vision, I think it's a nice vision for what they are planning on doing there, more of the plaza piazza type of look that's going to be going in there. If we have -- if we have a retail spot -- a retail space, we would -- certainly would like to tie in and be, you know, friendly with our neighbors as far as the style. We don't want to -- you know, we don't want to throw up anything that's ugly, but we would like to -- you knew, it will depend -- again, they have got the same comment that we do, you know, if they bring in a Staple's, Staple's has got their own Meridian City Council March 21,2006 Page 18 of 50 look and, you know, they kind of dictate a little bit of what they want. We have a little bit more -- De Weerd: And it's ugly. Roseigh: It is. We have a little bit more control as we -- as the company that owns this is also building it. We have a little bit more control as to who is buying the property and what they want to do with it. But we do want to do some nice buildings. We don't -- you know, we see the -- the retail, we see some office space. The office space, of course, will probably not really tie into the retail very much, as we are looking for class A office in that area, something that's going to promote the neighborhoods in that area around, so that people could possibly work closer by and not have to commute so far to get some of traffic off of Eagle and Ustick that we deal with on a daily basis. De Weerd: Well, I guess the reason I asked is across the street there was a greater comfort level at annexing without the details, because they had architectural renderings and annexation -- Roseigh: For Lowe's? De Weerd: Uh-huh. At annexation that's where we have the ability to tie a certain vision or expectations to the land. At the plat level you really don't have those same abilities. And so if we don't want a standard look of a Staple's building, if that's your example, by having architectural renderings that is what will give us that ability to affect a certain look. Roseigh: Madam Mayor, we understand that. At the time that we did the -- we submitted our application, preliminary plat and renderings and that were not a requirement of the application -- had they been we would have certainly tried to have done -- you know, to have fulfilled the application prior to submitting. We -- it's very difficult to sell a piece of agricultural ground commercially, not knowing that it's going to be approved commercially or if I set it -- if we sell a piece of property to somebody to build a building and they are waiting, you know, four months, five months, to get the annexation and, then, we have to go through the preliminary plat and all of the other development agreements, you know, they are sitting there waiting for, you know, half the year for -- to get approval before we can move forward. You know, for annexation, you know, we -- I don't think that anybody -- at least we would not want to do anything that is not, you know, in accordance with, you know, the -- your ordinances. We would definitely want to try and get along. I mean we pride ourselves in the quality of the buildings that we build and, you know, we want to make sure that we have a -- I mean you're not going to -- it's going to be very difficult to sell a class A office building if it's not class A construction and has a nice look to it. So, I think with what we are planning on putting there, the quality of what will be there will be to your expectations and will be a benefit to the City of Meridian. De Weerd: We have heard that before. Meridian City Council March 21, 2006 Page 19 of 50 Roseigh: I know. De Weerd: Any other questions than what I have dominated, Council? Okay. Roseigh: Thank you. De Weerd: Thank you, sir. Is there anyone who would like to provide testimony on this application? Okay. Hood: Madam Mayor? De Weerd: Yes. Hood: If I may add just one more thing about the architecture. This site is on an entryway corridor, so it is subject to our design review standards and I don't know how familiar you are with those, but it does have some requirements for varying roof lines and I think it's 30 percent of the windows need to be facing the street, you can't have more than -- like 70 percent of your parking has to be behind the building. Some things like that. Now, they are pretty minimal, but this -- the first -- at least the first building that faces Ustick will be subject to those design review standards, so I just wanted to point that out. I don't know if that helps or not, but it is subject to those standards. De Weerd: I guess Councilman Bird just raised a good statement, but I think the building across the street, Lowe's, that came in before the change of the UDC or it possibly could have looked different. We would hope. Roseigh: Madam Mayor, Members of the Council, we will follow the newly adopted UDC in its entirety. We don't have a problem with that at all. De Weerd: Okay. Thank you. Okay. Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I guess if we are not going to have anymore public testimony, I will move that we close the Public Hearing on AZ 05-061. Rountree: Second. De Weerd: Okay. There is a motion to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council March 21, 2006 Page 20 of 50 De Weerd: Discussion or do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve AZ 05-061, the annexation and zoning of 9.55 acres from RUT to C-G for Una Mas, LLC -- I probably butchering the name, but -- and to incorporate staff and public testimony. And, oh, also we do have the Findings, too, so -- De Weerd: Okay. I have a motion on the floor. Do I have a second? Rountree: Madam Mayor, I'll second for discussion. De Weerd: Okay. Any discussion? Rountree: Madam Mayor, these entryway corridors have been an issue in the last couple three weeks, about design and design criteria. The fact that we don't have design review, but we have annexation authority and control to some degree what design might be, what our architecture might be. I don't have a particular issue with the annexation, but I do have a concern that the UDC's design and design criteria is minimal at this point, that is in the process of being beefed up a little bit. I would be much more comfortable if we were through that process, so we would have something better to fall back on, as opposed to what we currently have. Or if we, on the alternative, had some indication from the applicant of what it was they were proposing to do, which is what we have asked in the last month or so on all of these applications along Eagle Road. So, that's my input on this particular motion. De Weerd: Okay. Any other discussion? I will just throw my two cents in and I probably -- you probably already know what one cent of my discussion was, but the other one is -- remains on -- it's hard not to look at this development without consideration of the lot to the east of it and how they are going to manage the transportation or the circulation and I apologize that I didn't ask that during the Public Hearing aspect, but without that road on the east side and their landscape buffer, I'm not really sure how traffic flows in and out of there and that could be an issue. But I only have a vote if you guys tie, so -- that was my other cent worth. So, any other discussion? Okay. Mr. Berg, do you want to call roll. Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Borton, nay. De Weerd: Oh, boy. My vote would be a nay as well. And, again, it's because of my concern without the architectural renderings and without the idea of transportation flow, is why I would vote nay. MOTION FAILED: TWO AYES. TWO NAYS. MAYOR NAY. ! Meridian City Council March 21,2006 Page 21 of 50 De Weerd: I guess at this point we can consider another motion or offer an opportunity to the developer to continue this and maybe bring back additional information or -- Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we continue the Public Hearing on this application, Item No. 11 and give the developer an opportunity to provide some renderings of the type of structures that would be envisioned for this property and reschedule that for our next regularly scheduled meeting, which is April 4th. Borton: Second. De Weerd: Okay. The motion is to continue this -- table the Public Hearing and I would guess that motion was also to open the Public Hearing, to consider that new evidence. Rountree: And -- definitely. Yes. De Weerd: Okay. Second agrees? Borton: Yes. De Weerd: Okay. All those in favor say aye. Rountree: Do you need a roll call? De Weerd: I don't need a roll call, do I? Mr. Nary. Nary: Madam Mayor, all you're doing is moving to continue it. The only other suggestion I was going to have is two weeks adequate time to get the information from the applicant? I guess that was -- but since you're only moving to continue the matter, you don't need a roll call vote for that. De Weerd: Right. Okay. Anyopposed? Nay? Bird: Nay. De Weerd: Okay. I have three ayes and one nay. MOTION CARRIED: THREE AYES. ONE NAY. Hood: Madam Mayor? De Weerd: Yes, Mr. Hood. , Meridian City Council March 21,2006 Page 22 of 50 Hood: For clarification, does that also -- does the maker of the motion -- does that also include the engineering drawings for access? I know that was a concern of the Mayor, but just elevations for the buildings themselves? Rountree: That was my intent. Hood: Thank you. De Weerd: That was his intent, but if it's split, you may want to include circulation, if it's a split vote. Since the Public Hearing has been reopened, Council, if you would consider comment from the applicant in clarity on what he needs to bring back? Rountree: Madam Mayor, I guess my point on that is that ACHD mayor may not continue with their request for annexation and/or rezone. If I were them I wouldn't, but if they dispose of the property, it's an auction and it's going to go to the highest bidder and there is no guarantee that this applicant will be the highest bidder, particularly if it's closed bid. So, I'm not sure -- you know, we can ask all we want and he can give us his best guess, but whoever ends up with that property is going to be the one that either extends -- sells it off to adjacent landowners or whatever happens there. It's a tough piece of property to do anything with, I agree. There has been an indication on the part of the applicant that cross-access agreements would be entered into. So, however -- whoever ends up with that property wants to use it, then, that's when the cross-access agreements would be entered into and the engineering would be done for a rather long green boulevard, because I'm not sure that there is anything in there that's developable, other than for a landscape strip. De Weerd: Caleb, in the staff's review of it, do they need that landscape strip and do they need the additional access and is that why it was kind of part of the concept drawing here? Hood: This applicant -- Madam Mayor, Members of the Council, this applicant does not necessarily need to acquire that parcel. What we have done with the ACHD piece is we have required them, regardless of who requires the remainder parcel, there is already going to be two cross-access easements to this property in case they don't acquire that. So, they will have access to the collector roadway, because it will come encumbered with those cross-access easements. So, they don't necessarily need it. As is mentioned, it's going to be difficult to develop anything else out of there if they don't acquire it. They could, obviously, put it to the best use. And, then, the direct alignment, especially if -- out of this meeting that ACHD had, if they end up putting 20-foot landscape buffers on each side, there is not going to be anything left. So, not that someone can't come in and buy a 40-foot wide strip, you really can't develop it. I imagine it's not going to pull top dollar, anyways, if it's only 40 feet wide and not very visible. But this applicant does not have to acquire that property to make this work. There is also -- and I didn't talk about it. There is also cross-access through a project you will be seeing here in another three or four weeks or so. So, they have access -- ~ Meridian City Council March 21,2006 Page 23 of 50 not directly to Ustick, but via these two cross-access easements either side of their property. De Weerd: Oh, that does answer that, so-- Bird: Madam Mayor? De Weerd: But it would be good to at least make sure that it's noted. Yes, Mr. Bird. Bird: If I understood the motion, the motion was to continue it to get some -- De Weerd: Architectural drawings. Bird: -- architectural drawings of what you're going to do. I hope the guy can go out and find out who he is going to rent to or lease to or sell to, to know how to draw his drawings. Roseigh: I have got drawings ready to submit. Bird: Well, yeah, we can -- also, you know, we get that in subdivisions, you know, we get all these pretty homes, but they all don't always go in the subdivision. But we design. De Weerd: Okay. Well, is that clear as mud? Roseigh: Yes. Item 12: Item 13: Item 14: Continued Public Hearing from February 28, 2006: AZ 05-051 Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensbura Subdivision by Centennial Development, LLC - northwest corner of North Ten Mile Road and West Pine Avenue: Continued Public Hearing from February 28, 2006: PP 05-052 Request for Preliminary Plat approval of 41 building lots and 4 common lots on 12.84 acres in a proposed R-15 zone for Ellensbura Subdivision by Centennial Development, LLC - northwest corner of North Ten Mile Road and West Pine Avenue: Continued Public Hearing from February 28, 2006: CUP 05-047 Request for a Conditional Use Permit for a Planned Development for multi-family residential units with a request for reductions to the street frontage requirements for Ellensbura Subdivision by Centennial Development, LLC - northwest corner of North Ten Mile Road and West Pine Avenue: