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HomeMy WebLinkAboutMarch 21, 2006 C/C Minutes ~ " 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 EliensburQ 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: .; Meridian City Council March 21, 2006 Page 24 of 50 De Weerd: Thank you. Okay. So, Items 12, 13, and 14 are Public Hearings AZ 05- 051, PP 05-052, and CUP 05-047. I will open these three public hearings with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. This is a new item on the -- your agenda this evening. De Weerd: Caleb, excuse me for a moment. I just wanted to note to anyone who might have come in after the beginning of our public -- when we started the meeting, Items 16 and 17, if you're here for Bear Creek West Subdivision, it has been requested to continue to April 4th. It was not -- was it properly posted? This item needs to go along with the variance request. So, it needs to be continued to April 4th. So, we would apologize for any inconvenience, if you're here for Items 16 or 17, on Bear Creek West. Okay. Caleb, I'm sorry, I interrupted you, but I didn't want people to have to sit through that if they didn't need to. Hood: I'm sure they appreciate that. Thank you, Madam Mayor. As I was saying, this is a new project on your agenda this evening. It is located on the northwest corner of Ten Mile Road and Pine Avenue. It is kitty-corner to the Courtyards at Ten Mile. The recently approved Sommersby Subdivision is across the street. They are requesting annexation and zoning to R-15 for 12.84 acres. There is a preliminary plat for 41 single family build-able lots and four common lots and a Conditional Use Permit for a multi- family planned development. They are also asking for a request to reduce the standard street frontage requirement of the R-15 zone. And with that I would just like to say we aren't seeing those very often anymore. This project was, actually, submitted under the old Title 11 and 12 of city code. It's been held up quite a bit by various -- the applicant didn't post the site one time. The Planning and Zoning Commission wanted to see elevations one meeting. So, this is, hopefully, the last application under the old ordinance and standards. However, the Planning and Zoning Commission at their January 19th hearing did amend the staff report to require the applicant to comply with all of the multi-standard development regulations as far as elevations and site design and amenity type things. I did just want to point that out. But everything else was being reviewed under the old Meridian City Code. The gross residential density of this project is 12.77 dwelling units per acre. I do have some elevations for you. Before I get to those, I guess I did want to make one note, that we did receive an e-mail late this afternoon from a Laura Wilder. She attended the hearing at the Planning and Zoning Commission and just wanted the record to be clear that she was not in opposition to the project, but she had checked the neutral box and she did have some concerns about livestock and asked some questions and had some comments, but was not opposed to the project. Now to the aforementioned elevations. And the applicant has also provided -- the Planning and Zoning Commission at their meeting did ask that there be some color variations and materials variations. These are the ones that were submitted with the application and I have some as well from the applicant that he's colored on and I will put those up for your enjoyment when he comes to give his presentation. With that, I think I will stand for any questions. You have, again, 41 single family build-able lots, four common lots, on 12.84 acres. Meridian City Council March 21, 2006 Page 25 of 50 De Weerd: Any questions for staff? Okay. Is the applicant here? Nickel: Good evening, Madam Mayor and Council Members. Shawn Nickel. 839 East Winding Creek in Eagle, here tonight representing Centennial Development. Thanks to staff for their help in this process. As he stated, we did agree with your Planning and Zoning Commission to look at this under the new UDC code, even though we did submit this before that code went into effect. Some of those new code requirements included covered parking, in addition to architectural design standards that we will adhere to within this development. Your Planning and Zoning Commission also recommended a connection to the west or an easement for this pathway to connect potentially to this vacant piece of property right here. We have agreed to do that. That is a condition of approval. One of the other issues that came up in the Planning and Zoning Commission from one of the neighbors was fencing along the south boundary of the new road between the public road and the old private Pine Street or Pine Lane Road. We have agreed to do that. That is also a condition of approval. Your Planning and Zoning Commission wanted the typical -- you know, our elevations, to kind of doctor them up a little bit and provide some secondary treatment, so it wasn't just one material. We agreed to do that. I did provide Caleb with a -- basically to show him where we were going to have that treatment. It's just a -- I colored it with a highlighter just to kind of show you that we would offset the materials. However, I believe that is -- it won't be pink. De Weerd: Well, it's better than the mesh wire I think that Kevin gave one time. Nickel: Better than the lattice that Kevin did last time, yes. De Weerd: Uh-huh. Nickel: But that was just to demonstrate that we would provide that different material. I believe that is covered in your architectural standards, so, again, we are agreeing -- De Weerd: See, we do remember those things. Nickel: You do. You do. I'm glad you do. Again, this is a request for annexation and zoning to R-15. The overall density is 12.7 dwelling units per acre, as staff has indicated. We do have 13 percent open space, including amenities such as a pool, walking path, a clubhouse, and a tot lot within the development. We are adjacent to -- could you put my colored plan -- thanks. This is the site right here. We are adjacent to a park and a school. I did kind of color in here to show you what the surrounding densities and land uses were in the area, keeping in mind that your Comprehensive Plan does show this as that transit -- future potential transit station for future light rail consideration, which does support the higher density recommendation or request. Also, your Comprehensive Plan does support locating medium density to high density residential along a major corridor, which as you know, is the Ten Mile with the future interstate connection will be a major corridor, in addition to that future light rail concept. ~ Meridian City Council March 21, 2006 Page 26 of 50 So, this does meet the intent of your Comprehensive Plan with that in mind. So, I will stand for any questions that you have. De Weerd: Okay. Shawn, what was your comment about Pine Street? Nickel: Currently Pine Street ends at Ten Mile and, then, it's a private lane to the canal right here. We have the same issue on the other side, if you recall, on Black Cat, where EI Gato -- or Pine turned into EI Gato. De Weerd: Yeah, but you made that public; right? Nickel: We are making it public through our property. The existing private lane will remain to provide access to these parcels to the south. So, what one of the neighbors - - I believe it was Laura right here -- wanted to see was a fence on the south side to separate -- to separate her property or the properties here from the private -- or the public road. She does have some livestock that she was concerned about, so we did agree to -- to do that. De Weerd: So, you're building just half a road? Nickel: No, I believe we are building a full road length -- or width. De Weerd: So, you will build it so it is public. Nickel: Yes. Our portion will be public. De Weerd: Okay. Nickel: And, then, once these properties -- and I don't believe it's -- it's a half plus 12, it's not a full section, but it's wide enough to be accepted by the highway district. Once the parcel to the south develops, they will build an additional 12 feet and they will take direct access off that and that private road will go away. De Weerd: So, how wide will it be? Nickel: It's a half -- half section, plus 12 feet. So, it's 24? Looking back at my -- 30 feet total. Total width of asphalt in a public right of way. De Weerd: So, that is not including the sidewalk? Nickel: Not including the private road. That is including the sidewalk. De Weerd: So, it's 30 feet, including sidewalk? Nickel: The sidewalk is -- excluding the sidewalk. The sidewalk is in our right of way, but it's exclusive of the 30 feet. .: Meridian City Council March 21,2006 Page 27 of 50 De Weerd: Okay. So, it is 30 feet of pavement? Nickel: Right. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. De Weerd: Thank you. Nickel: Okay. Thank you. De Weerd: I do have one other person who has signed up as neutral. Laura Wilder. Do you want to provide testimony, Laura? If you will just state your name and address for the record. Wilder: Laura Wilder. 3401 West Pine Avenue. Madam Mayor, this may surprise you, but I don't really have much to say. Council members. I think most of my questions have been answered. I just -- we talked at Planning and Zoning about the road. I know it's probably not ideal, but our point about the fence, it's not just about the livestock, those of us that live on the private road -- and not just myself, the other neighbors, we want to keep pedestrian traffic off of our private lane. We feel that with the high density housing, it's going to be an attractive walking path to people, but we have livestock in adjacent areas and it's not just our family, but others, and for their safety and protection and to prevent issues for us, we want to make sure that there is adequate fencing between their development and our private road. And so I would like to see that stay as a condition. And also I would urge you to also require the applicant to comply with the Unified Development Code. I think the intent of the city is to provide those enhancements to multi-unit housing and I think it's very important, because that includes on-sight management and we appreciate the efforts the applicant has made to improve the appearance of the buildings and comply otherwise. So, I think, you know, we are trying to work together as neighbors, but the road is an issue and that's a little bit of clarification about why that fencing is so important. De Weerd: And you liked the pink highlighting on the building? Wilder: Not especially. And, you know, you have seen me before, I'm not thrilled about this, but, you know, we have accepted the fact that Meridian is changing and we just want to try to, you know, make the development fit as best as possible with the neighborhood and those buildings are going to be right up against our property and I will be looking at the back of them. At least the pink was on the front, so -- I appreciate that. So, that's all that I have. Thank you. De Weerd: Thank you. Is there anyone else who would like to provide testimony on this application? Okay. Thank you. Shawn, do you have any concluding remarks? .' Meridian City Council March 21,2006 Page 28 of 50 Nickel: Thank you. Again, thanks to Mrs. Wilder for that. And just so she understands, the pink was just to represent that that will be an area that will have brick or rock. De Weerd: She knew that. Nickel: But it will be all around this project, not just on the front. So, no pink, Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Questions for Shawn. On the entryway off of Ten Mile, is your proposed private road going to share the access onto Ten Mile or are you going to have two adjacent points of access and who is going to have the right of way when there is two cars sitting side by side wanting to enter onto Ten Mile, if that's the case? Nickel: I'm going to have my engineer address that, because he looked into that issue. Bailey: David Bailey, Bailey Engineering, 1500 East Iron Eagle Drive in Eagle. What we did is ACHD has complete or fairly complete plans for the intersection of Ten Mile and Pine Street and so we used their plans to align our access here and the developer has actually purchased additional property from the original property from Mr. Shawl, who is on the corner there, so we could make the access align properly with Ten Mile. The highway district is also acquiring some right of way further to the south of that, but what will happen is that -- you can see that road comes in and curves a little bit and, then, you can see at this point here we have a place where it comes off of here, off of our property, and back onto that private lane that goes through that area there. So, that was the intent of that, to provide them their private lane in substantially the same condition they had it before, but without causing a traffic problem on Ten Mile. Rountree: Thank you. Nickel: Thank you. De Weerd: Okay. Thank you. Rountree: I have another question. De Weerd: Yes. Rountree: Madam Mayor. I don't see any pedestrian provisions or access to the school, so we have a fairly high density residential development, probably a lot of kids, and they are going to have to be bused to the school that's right across the Ten Mile Creek. Or be inclined to try to get through there to get to school when they are late. !. Meridian City Council March 21,2006 Page 29 of 50 Nickel: Councilmember Rountree, I think that was one of the reasons that you're Planning and Zoning Commission wanted us to provide that easement for that pathway to continue here. The safer route would be when Pine Street does connect -- if you recall, in Castlebrook -- I believe it was in Castlebrook. And also in Chesterfield -- Chesterfield -- I can't remember these names anymore. The subdivisions. We did provide a pathway and there is a bridge across the canal into the park and into the school and that's how we envision, once this property develops right here, to continue the pathway out of Castlebrook to go up, cross that, and access the park and the school. That's how we see that. Or we would also provide that access right here and see how this property develops to the west, so -- De Weerd: You really think kids are going to walk clear over there to -- I'm sorry. I have kids and -- Nickel: Well, if they walk. I mean if they are not, they are -- they can also walk up Ten Mile or they can -- I mean I don't know -- Bird: They are going to take the shortest route. Nickel -- your snickers. We are not proposing a bridge right directly to our north, so I don't know how to address that. Rountree: You answered my question. You're not contemplating anything, so -- thank you. De Weerd: Thank you. Nickel: Okay. De Weerd: Okay. Council, you have heard the concluding remarks from the applicant. What would you like to do? I guess while the Public Hearing is still open I will give you my two cents worth. It's been so worthwhile today. I think what Councilman Rountree just asked was very eye opening. You're almost going to be creating an attractive nuisance with the school right across the drainage creek and since I live on a golf course that had an easement that no one was supposed to walk on, because it crossed a fairway, and there is kids that lived on the other side and the elementary school was, then, on the north side. Those kids walked across that easement and it just becomes this attractive nuisance. They are not going to walk one mile to get three blocks. And I can't see that any kids that would be located on that site would walk anywhere else, down the street, then, across the drainage creek, then, through the park over to the school, when they are located right across from the school property. You're going to have kids going through that empty drain -- and I don't think it's always empty. I think there is water in it at all times. And so it is going to be -- whether you have a fence there or not, it is going to be an issue. And I think until you approach the school and see if there is any way that you can find a solution, I think you're creating an accident waiting to happen. Meridian City Council March 21,2006 Page 30 of 50 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Seeing that we are still open, I think Mr. Nickel wants to respond. De Weerd: Oh, well, hi, Mr. Nickel. Go ahead. Nickel: Madam Mayor and Council Members, thank you. If that is a concern, I guess I didn't understand the -- where the question was going. We did not look into providing an access. We definitely can -- I am thinking about the problems that we had dealing with the irrigation district on the crossing and the pathway that we had in Chesterfield. However, I do understand what you're saying. We are planning on fencing the drain. If you would like to make it a condition that we pursue working with the school district -- I don't think the school district is going to have a problem, I think it's the irrigation district that we would have the problem. So, yes, we would definitely be willing to put a path and a bridge across the drainage, provided that the irrigation district will work with us. So, I don't know how you want to -- if you want to make that a condition and ask us to get either permission or provide documentation that they will not let us cross their drainage. De Weerd: I appreciate that. And I would think that the city should be part of that discussion. My concern is -- and it should be the concern of the drainage district -- is that it would be to their advantage liability-wise, I would think, too, to find a solution, because if there isn't, those kids will go there one way or another. And you would think that the irrigation district would rather find a safe route than risk the creative routes that kids will find. Nickel: And one further thing, Madam Mayor. If you could -- and I know we would have no problem with this, but if you could direct staff to help coordinate that, I think meeting with the irrigation district with a member of the city would probably be helpful for us to obtain that, rather just the developer going in and asking for that. De Weerd: Okay. Nickel: So, thank you. De Weerd: Any other questions while the applicant is up here from Council? Okay. Thank you, Shawn. Oh, additional testimony? If you would, please, come forward. Thank you. If you will, please, state your name and address for the record. Jensen: Faith Jensen, 3720 West Pine Avenue. De Weerd: Thank you. Meridian City Council March 21, 2006 Page 31 of 50 Jensen: Our land borders the site and -- on the west side and I would like clarification and what kind of fencing we are going to have on that side, because we have livestock and whatnot. So, I would just like to know what kind of fencing is going to be on that site to keep kids out and livestock in and -- De Weerd: Okay. Thank you. Before we ask you to respond, is there any additional testimony on this application? Yes, sir. Jones: I really didn't come for this, but -- De Weerd: If you will, please, state your name, first, and your address. Jones: My name is Charles Jones. I live at 4040 West Victory. De Weerd: Thank you. Jones: And I'm also the president of the homeowners association for Parkside Creek. De Weerd: Uh-huh. Jones: And my concern is -- I'm not against this, but I do have lots of kids that play in the park and we do have a problem with them wanting to get in the canals. So, I can see where you have a bunch of kids living in that park -- or that area, they are going to go across that canal. And I would just hate to see some day in the newspaper somebody drowns in that canal. So, I'm just concerned about that. De Weerd: Thank you, sir. And we hope that the developer, if the Council puts that condition on, will address that. Okay. Shawn. Nickel: Madam Mayor, again, Shawn Nickel. We discussed with the Planning and Zoning Commission that being a chain link fence along that southern boundary. And, then, to address the gentleman's concern, we will do what we can to -- I mean if we can get the crossing to work with the irrigation district and try to make it as safe as possible, so -- I mean I know we can -- we are going to fence it six-foot chain link. You are correct, if kids want to get over it, they can, but we do have a crossing and we want to make sure -- or try to have it as safe as possible, so kids can't have that access to the school without it becoming a nuisance. So, we will work on that. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Shawn, on the fencing, the chain link fencing, is that going to be on the north side of the road or is it going to fence in the public road? Meridian City Council March 21, 2006 Page 32 of 50 Nickel: Madam Mayor, Councilmember Bird, it will be on the south side of our public road between the right -- at the edge of the right of way next to the private road. Bird: The private road. Okay. Thank you. De Weerd: Shawn, did you talk with the neighbors about the type of fencing and that sort of thing? Nickel: I think we can work that out with them. I don't see any problem. Hood: Shawn? Madam Mayor? I think she lived on the west side, so she's more concerned about the fencing along the western boundary of your site. Is that also chain link? De Weerd: Yes, she's on the west side. Nickel: Oh, you're over here? De Weerd: No. Laura is down on the south and -- Nickel: Oh, I'm sorry. You're up here. Okay. So, her question was the type of fencing on her -- of her boundary. We haven't discussed that. I will -- I don't know what the developer is planning for that. It can be a vinyl fence. We can do vinyl. It would be more attractive if it was a vinyl -- six foot vinyl fence. That's typically what we do in these developments, unless there is a problem -- if there is a ditch over there and she burns or anything like that, we can work that out with her, but -- De Weerd: And, generally, I guess livestock and vinyl are not real compatible. So, yeah, you will need to work that out with the neighbors. Nickel: I don't see a problem with working with them. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Shawn, in light of the fence question, but also back to this access to the school site, for me that issue is fatal to the viability of this project as to whether or not there is proper and safe -- a proper and safe ability to provide access to that school site. I went to elementary school here in Boise next to a canal and we jumped it, jump into it. Shouldn't have. I mean -- and it was really really fun. And that's what they will do and everyone's right, we all know it. That scares the heck out of me. So, I guess my question to you is would you rather have this delayed to allow you to have those conversations -- I mean that's my inclination is to have those conversations and also discussion the fence issue on the western boundary. I mean that's -- Meridian City Council March 21,2006 Page 33 of 50 Nickel: Madam Mayor and Councilmember, I'd rather have it delayed than denied. So, if you don't feel comfortable with a condition, then, you can postpone it and we will try to get an answer from the irrigation district. I prefer a conditional of approval, but, again, you have to feel comfortable moving it forward. De Weerd: Anything further, Council? Bird: I have nothing. De Weerd: Okay. Thank you, Shawn. Okay. So, Councilman Borton, did you want to provide a motion to continue this? Borton: Madam Mayor, I would. But in light of the discussions today and the public comment and how public comment might be impacted, in light of what access mayor may not be provided to the north to the school site, I'd move that items 12, 13, and 14, be continued to the next available date, unless the applicant has a ballpark figure as when that type of information could be provided. De Weerd: Caleb, do you have a best guess? Probably a month or more. Which irrigation district is this? Rountree: Nampa-Meridian. De Weerd: Oh. Maybe six months. Borton: Perhaps April -- April 25th, perhaps? Hood: Yeah. Five weeks should probably work. Borton: April 25th to allow the applicant to provide specific information and designs, their access to the north to the school site, and also respond to try to figure out whatever issue we have addressed on the western boundary. Wardle: Second. De Weerd: The motion is to continue Items 12, 13, and 14 to April 25th, 2006. All those in favor say aye. Anyopposed? Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: VAR 06-006 Request for a Variance to UDC 11-3B-7C6 to allow an impervious surface (irrigation pump house) within a landscape street buffer in a C-G zone for Destination Place Pump House by Ray Hallett - 2100 East Overland Road: