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HomeMy WebLinkAboutSeptember 19, 2006 C/C Minutes Meridian City Council September 19, 2006 Page 46 of 67 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: AZ 06w029 Request for Annexation and Zoning of 10.39 acres from RUT to an R-4 zone for Silversprinas Subdivision by Reed Kofoed - south side of McMillan Road and west of Locust Grove Road: Item 16: Public Hearing: PP 06w029 Request for Preliminary Plat approval of 29 single-family residential lots and 4 common / other lots on 9.88 acres in a proposed R-4 zone Silversprinas Subdivision by Reed Kofoed - south side of McMillan Road and west of Locust Grove Road: De Weerd: Okay. Council, Items 15 and 16 are public hearings on AZ 06-029 and PP 06-029. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Silversprings project. It's located south of McMillan Road and east of Meridian Road. It's about halfway between Locust Grove and Meridian Road and Redhorse Way adjoins it on the western boundary. That's the entrance into Copper Basin, which was final platted as Cobre Basin and preliminary plat approved as Havasu Creek. So, I had to get all those names out there for you, because it becomes important. These are applications for annexation and zoning and preliminary plat approval. The applications include annexation and zoning to R-4 for 19 -- or, excuse me, 9.88 acres and preliminary plat approval of 29 single family residential building lots and four common lots. The gross residential density is 2.94 dwelling units per acre. And this is consistent with the Comprehensive Plan designation of low density residential. I noticed as I was preparing tonight that the staff report says medium density residential, but that's an error that we will correct with the findings with Council's direction. The proposed subdivision is pretty straight forward. They have an entrance from McMillan Road, a kind of L-shaped connecting property and fair sized lots with one large lot accommodating the existing residence. And, then, drainage open space lots kind of in the center of the development. The tricky issue with this is actually -- with this preliminary plat is actually something happened with the final plat of the properties to the west. When you all approved Havasu Creek you required a stub street to this property. When that was final platted -- when the final plat was approved somehow that went from being a stub street to being a cross-access. So, there is currently on the property immediately to the west a cross-access easement that's 50 feet wide, shaped exactly like a stub street would be shaped, but it's only a cross-access, it's not a stub street. We spent a lot of time researching the issue. We spent a lot of time talking to ACHD. We spend a lot of time really pushing to get that access opened up as a stub street for this property. We met with the homeowners association and they were opposed to the -- giving up the area for a stub street, because they felt that the added traffic from this going out to their entrance road would conflict with the newly opened elementary school just south of this property. We talked at length with ACHD. ACHD staff was unwilling to use eminent domain to acquire that Meridian City Council September 19. 2006 Page 47 of 67 easement as a public right of way. At that point there wasn't much staff could do, so we went ahead and processed it as you see it. The applicant's engineer was kind enough to show -- there are -- as you will see, a series of five acre lots. You're seeing this one tonight. We have done pre-apps on the next three properties and you have an application currently in the works on two -- or just recently approved on these two. So, we are seeing all of these five acre lots come in and we wanted to make sure that there was a way -- a concept that we had at least to reference that was acceptable to ACHD on how these properties could all develop. And that's what you see before you here. You have two stubs coming from -- or three stubs, excuse me, coming from Cobre Basin/Havasu Creek, so you do have an interconnected system throughout here and, then, what this concept shows is two more access points to McMillan Road. So, there would be a total of three in this approximate half mile area. We do not have elevations before you tonight. They are larger parcels. The Commission recommended approval at their August 17th, 2006, Public Hearing. Ross Erickson spoke in favor of the application. No one was opposed or commenting. The key issues of discussion by the Commission were the clarification of the ingress-egress easement at East Copper Ridge Street. I'm sorry. It wasn't Redhorse Way, it was East Copper Ridge. And why a stub to this property was not provided. The key Commission changes to staff's recommendation, there were none. The outstanding issues for City Council as we see them are this previously approved stub street and where you may want to direct staff to go, if anywhere. And, then, if you do choose to approve this project, could you, please, direct staff to correct the information of the Findings regarding the Comprehensive Plan designation. With that I'll answer any questions. De Weerd: Anna -- I don't have any questions. Council, any questions? Rountree: Madam Mayor, I have a question that doesn't really relate to this, it does given the circumstances that how can we have a final plat approved that represents something that we didn't approve? Canning: That's a very good question and I researched it, I was not able to find any -- I was not able to find real documentation supporting that. The staff member who worked on it doesn't work for the city anymore. It shouldn't have happened. Rountree: My comment is I hope we don't see that happen again, but it seems to me that there is a legal question if that's even a valid subdivision, even it's all built up. Bird: I would agree. Canning: We suggested to the homeowners association that Council may find that the case. If you found an invalid subdivision, you could refuse to accept any further building permits on the subdivision as a whole or maybe you could -- you would want to secretly go about that. We pushed really hard, as hard as we could, and we weren't successful as staff and that's why I raise it as an outstanding issue for City Council. Rountree: I appreciate that. Meridian City Council September 19, 2006 Page 48 of 67 De Weerd: Thank you, Anna. Any other questions for staff before we ask for applicant comment? Okay. Is the applicant here? If you will, please, state your name and address. Erickson: Ross Erickson. 1854 East Lanark in Meridian. De Weerd: Thank you. Erickson: Madam Mayor, Members of the Council, we are here tonight to request approval of the Silversprings Subdivision preliminary plat, annexation, zoning to an R-4. The development is located -- I guess staff's already given you an orientation -- just on the south side of McMillan and west of Locust Grove. The project includes 29 single family detached building lots and four common lots, on Lots 1 and 2 of the original Crestwood Estates Subdivision that as platted along McMillan Road there. The R-4 zoning designation is consistent with the Comprehensive Plan and this project blends well with the surrounding subdivisions, with Copper Basin to the West, Havasu Creek to the south, and Saguaro Canyon across the street. The subdivision is directly to the north of the Prospect Elementary School and you can see on our preliminary -- or I guess our landscape plan here that we are providing a micropath connection to the school sight. We coordinated that location with the school district. There is, actually, another connection from Havasu over down here on this corner to the school site. There is a pathway that kind of wraps around the boundary that we would connect into for kids to access school from the -- from the houses there. The project includes a 36 foot street section that will accommodate parking on both sides and we actually -- as you can see on the landscape plan, there is a significant amount of trees on the site and we met with the city arborist and went out and took an inventory and come out with an enormous mitigation number that we had to meet, so rather than just providing those trees to the parks department, the developer decided to design the project with an eight foot parkway parallel to all the internal streets and actually install those trees with sod and irrigation on all the internal streets. The landscape plan that you see actually falls short by 30 caliper inches of what the mitigation requirement was, which equals 15 trees and we are agreeing to provide those trees to the parks department if we can't find a way to work them into the project during construction, if there is maybe some extra space we could sink one in, we would like to do that. There are two existing homes on the project -- on the project, one on the westerly parcel and one on the easterly parcel, that will be retained. Those parcels will be platted -- or those homes will be platted around per the city code and the existing wells and septic systems will be taken off line and will be connected to city services with the project. I guess with that I will stand for any questions and just ask for your approval. De Weerd: I guess I just have a question in your open space. It looks like you _..: it appears to be the drainage field as well. How does that drain -- I mean how fast does it drain and you have a wet year and you have a lot of concern about standing water and mosquito traps. So, what is the plan regarding that? Meridian City Council September 19, 2006 Page 49 of 67 Erickson: Madam Mayor, the design of the swale is kind of key to getting the swale to perc. We did a groundwater investigation on the site and found that the groundwater is down around 16 feet, which is favorable for this type of a design. So, typically, what we will do is we will overexcavate the bottom of the pond and bring in some sand and blend it with a clay free top soil that will be a certain specification and actually seed the bottom, rather than put sod in it, to insure that we are not importing any unwanted clay materials that would impede any percolation to the bottom. The pond is actually designed to perc within a 24 hour period for the design storm. That's per the city's requirements and we will certainly meet those with the design. De Weerd: What kind of grade do you have on that? Erickson: Madam Mayor, the side slopes of the pond are designed at a four to one. De Weerd: Thank you. Council, any questions for the applicant? Rountree: I have none. Bird: I have none. De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone who is here to testify on this application? Okay. Seeing none, any further staff comments? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Question for legal Council. Mr. Baird, is -- without getting into any specifics, is there some benefit or need for this item perhaps to be continued, is there any discussion that we could have or should have concerning the access issue that Councilman Rountree brought up, how we have missed, what the city's options may be, if there are any options? Baird: Madam Mayor, Members of the Council, at your direction we can certainly look into that. However, the application before you stands on its own. If we can get those issues resolved, it would only enhance what's before you. On the other hand, if you're not ready to bring this in to the annexation until you have the problem solved, that's certainly within your discretion as well. I might -- this is the first I have heard of the problem. I haven't looked at the facts, so I certainly can't give you an opinion tonight, but I might look to the planning director to see if she has any additional thoughts on the interrelationship between this particular application and the general problem. Canning: Madam Mayor, Members of the Council, if you do wish to seek that connection here, this is where it would be. It lines up with the other public street. So, it would require modifying the final plat. I think the applicant stated at one point that they were willing to provide that stub. That may be what he's trying to communicate to me right Meridian City Council September 19. 2006 Page 50 of 67 now, but I think they said that, you know, if Council wanted them to stub to there, that they could provide that stub. Is the Public Hearing still open? Thank you. Erickson: Madam Mayor, Members of the Council -- and, Anna, correct me if I'm wrong, but I pulled the minutes for the final plat -- or, actually, I think it was the preliminary plat for Havasu Creek that this was preliminary platted under, and originally there was a condition in there that stated that it needed to be a public stub street and it's not that I think it was ignored, I think the condition was actually changed, because it said change the stub street to a cross-access easement, if that makes sense. Bird: Madam Mayor. That was in the minutes? Canning: I'm not aware of that. Everything I saw still had it as a -- as a stub street. The only time I saw it changed was with the final plat application and I believe I looked at the minutes and staff didn't notify Council that they were changing it from a stub street to a landscape easement. Bird: Yeah. I can't believe we just had it as -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: It's a fundamental concern of mine and probably other members of the Council as to whether or not that connectivity between the two developments was intended that connection would occur and I'm sensitive to any particular delays, but it sounds like there was a couple unanswered questions here. I don't know, perhaps Anna or Ted, if you have an idea -- are we talking within a week we might have an opportunity to understand what our options are, if any; clarify what the record says on this issue, and perhaps bring it back in a week or however long you think it might take to clarify that, because it seems to me a huge concern and, obviously, impacts the layout and connectivity of the two subdivisions. Baird: Madam Mayor, Members of the Council, we can certainly do a staff review of the facts within the week, if you want to continue this for one week, and, then, depending on what we report back to you, you can decide whether to continue for further action or to act on it next week. But that would minimize the delays for this particular applicant while we get a handle on what appears to be a difference of opinion about what's in the record right now. De Weerd: And if you could work with staff and point out where you saw reference to that, it would be very helpful. Rountree: Madam Mayor, are we still discussing? De Weerd: Yes. Okay. Hold on, please. Just a moment. Meridian City Council September 19, 2006 Page 51 of 67 Rountree: Go ahead. Kofoed: Reed Kofoed. I'm at 6040 North Jericho Road, which is about a mile north of this, in Meridian. In our discussions with the city and the homeowners association, one of the -- I think major things that came up was the situation with the school that's just barely been built below this, south of this. I know the school has said that at some future point there is going to probably be a light there at McMillan where Copper Basin and Saguaro Canyon are there. At that point there would be a light and there would be crosswalks and the mile to the north of this, which is, actually, where I live, many of the kids would have to walk to school. So, I know the homeowners association -- this is just for public record, in the meeting that we had down at the city, in having a stub street coming out there, they felt that that would -- all the buses coming in and out of there to hit McMillan, a lot of kids, if that light goes in, are walking from that mile north of there, that there would be a huge safety concern in having that stub street. So, I know that that was brought up and we all discussed that and I believe that's why the homeowners association was very adamantly against it. I know that with my children possibly in the future being -- having to walk down that street, if there is a stub street there, I would certainly be concerned for safety reasons. So, if that makes a difference, I know that that was the major reason why the homeowners were adamantly against having a stub street there. And I believe we have provided good connectivity through those other five acre parcels being developed in the near future. De Weerd: Well, I think it's appreciated. You have done everything you can within your power. I think there still remains some unanswered questions as to what happened and the situation as a whole -- I guess in light of a traffic signal being there, it, actually, makes it a little bit safer. You have less people in all of those five acre lots going out on the arterial and, then, having to travel into that the subdivision. I guess, you know, it's kind of an argument on either side as to what would be the safest, but as far as traffic flow, it would be nice to have that connection there. Kofoed: Yeah. We do -- I know the engineer pointed out that there will be a pathway into the back of the school for the children, so that also is a -- De Weerd: And that's an appreciated amenity. Kofoed: Okay. Thank you. Any questions? De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, on this project as a stand alone, which I think it should be considered, do you have any problems with the exits out and, of course, they have got the other stub Meridian City Council September 19, 2006 Page 52 of 67 that will be going to the other five acre lots as they come in. Do you think this stands alone if it don't have a stub street? Canning: If there is a connection to the Copper Basin entrance road, I -- I think we would all prefer that the access to McMillan become a cul-de-sac. Bird: Okay. Canning: And I guess I should say we meaning also -- I believe ACHD thinks this -- believes the same. Yeah. And I am getting nods from Mr. Inselman. De Weerd: Okay. Rountree: Madam Mayor, I guess my comment is that I -- in fairness to the applicant I think they have done their due diligence. Apparently the city and ACHD didn't do theirs and I don't feel that it's our point at this point to try to correct the wrongs with this application. I think there is wrongdoing and there is future building permits to be issued in the adjacent subdivision, then, they pay the price in terms of delays and rectifying the problem. So, I guess I -- I understand what Joe is saying, but time is money and we delay a lot of things for more clarification, but I don't know that this is one in particular that I can -- I can buy that we need to rest on the shoulders of this application. That's my opinion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would agree with Councilman Rountree, I don't believe that this application should be delayed and put it on his shoulders to find something that we fouled up. I'm with Mr. Rountree, if there is building permits and stuff over there still going on, we -- I guess that's the only out we have or the only leverage we have and I would suggest that -- that we use it and I hope that we as a Council and Mayor and staff become more closely watching between preliminary and final plats and make sure everything gets to final plats. Canning: Just to absolve myself, this was passed the day before I took my position. Bird: We are not blaming anybody. Rountree: Some of us are not to blame either, but we did it, so -- as a city. De Weerd: We can buy you some worry beads. Canning: Madam Mayor, I'm a little confused by the last two statements by Councilmember Bird and Councilmember Rountree. If you go forward with this Meridian City Council September 19, 2006 Page 53 of 67 application, then, the need to create that stub is gone. So, I wasn't sure if you wanted me to try and still obtain that stub street or not. Rountree: The record is still not clear as to whether or not that's a stub street or an access and that needs to be taken care of and cleared up. So, if the other subdivision needs to come in and have a Public Hearing and request that that be eliminated, that's fine. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Anna, in our standard conditions of approval, which I assume are included within the application, it is the city's policy to connect stub streets; correct? Canning: Yes. Wardle: Okay. So, I would just -- if it's determined -- if it's unclear at this point and in the future that were to be, those findings wouldn't change, it would still be the policy of the city to attempt to connect the stub street; right? Canning: Correct. De Weerd: That's correct that this plat would not show connection to it. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: That was exactly my point. I think the comments of Councilman Rountree and Bird are the exact type of concern which planning and legal stay could bring the adjacent development to see if -- before the approval of this particular project that stub street agreement could be proVided and if that's provided that, then, would change the present application. So, I think if we move on this particular application tonight, the question of what the subdivision to the west does is moot, because the decision -- the implication of whether or not there is a stub or not is -- would be a done deal. So, I am sensitive to the time and delay and expense to the developer and hopefully a week -- try and keep it as short as possible, that provides us as a Council an opportunity to -- exert some leverage might be a strong way to put it, but capitalize on an opportunity to encourage connectivity in the stub street that is intended, I'm all for that and I think it's worth the delay, with all due respect to the applicant. So, that was my comment, to try and seize that opportunity there. De Weerd: Mr. Baird, I guess I would have a question as to if this preliminary plat was approved and the city continued to pursue the details on if that's a stub or not, the applicant has said -- or Anna has indicated the applicant was open to, then, amending Meridian City Council September 19, 2006 Page 54 of 67 that, would that be considered substantial in changing from a preliminary plat to a final plat that it would have to go through the process again on the preliminary plat before final plat? Baird: Madam Mayor, that's a-- De Weerd: Did I ask that correctly? Baird: -- complex question that does -- it interrelates both planning and legal principles. My thought on that -- and, again, I'm going to ask that Anna chime in, because her staff is the one that has to take a look at these and compare them, but if you make your approval contingent upon providing the stub street, if, indeed, the street in the adjacent subdivision is proven to be a stub street or some agreement is reached, but the problem with that is the timing. I mean how long do we have to prove that? And I think that's why the one week request -- possible request for delay would allow us to find out exactly where we are and what it would take. That way when you're considering this you'd know whether that stub is going to go or not. I'm starting to ramble. De Weerd: No. Unfortunately, you're making a lot of sense. It's scary. So, Council, what would be your preference? Anna, do you have anything to add to that? Canning: No, Madam Mayor. I agree with Mr. Baird in that the real question is -- I suspect we will come back to you with more documentation that shows that it's unclear. So, you'll still have this question of what do we want to do, where do we want to go, but I suspect that it will still be unclear. You may decide to pursue it more aggressively, based on more information, though. With regard to whether the approved preliminary plat would still be consistent if they lost a lot and dedicated a street and turned the entrance road into a cul-de-sac, by the definition in the UDC, they are probably okay, because this issue was discussed at length now at both hearings. So, it's -- that access has always been up for grabs. They are not gaining lots. The relationship of the lots on the surrounding properties don't really change, it's just the entrance and if the Council decides there is a required stub street there, then, that access point shouldn't be an issue, but -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think Anna hit it right on the head. In one week I don't see -- we are going to see -- you know, we are just going to find out that the minutes said something and we approved a final plat that said something and we have still got the same leverage if we want to use it and these people just sit and wait, which I don't think is fair to them. They didn't get themselves into this predicament, we did. De Weerd: Okay. So, what would you like to do? Meridian City Council September 19, 2006 Page 55 of 67 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I'll just take a stab at a motion. I move that we continue Items 15 and 16 is it? De Weerd: Uh-huh. Borton: Items 15 and 16 for one week to the 26th of September and direct legal and planning staff to investigate the matters that we have discussed here and report back what our options are. Wardle: Second. De Weerd: Okay. I have a motion and a second to continue these two public hearings until next week. All those in favor say aye. Okay. Those opposed say nay. Okay. Well, I would say aye. I think there is enough that Council needs to get further information from staff and it would be helpful if the applicant can help provide them what point of reference that you had. So, we will see you next week. And since it will be a continued Public Hearing, you will be closer to the beginning. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. Item 17: Public Hearing: AZ 06w036 Request for Annexation and Zoning of 10.94 acres from RUT to an R-4 zone for Bitterbrush Point Subdivision by Majestic, Inc. - east of Meridian Road and north of Victory Road: Item 18: Public Hearing: PP 06w039 Request for Preliminary Plat approval of 27 single-family residential lots and 4 common lots on 10.94 acres in a proposed R-4 zone for Bitterbrush Point Subdivision by Majestic, Inc. - east of Meridian Road and north of Victory Road: De Weerd: Okay. Items 17 and 18 are public hearings on AZ 06-036 and PP 06-039. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is Bitterbrush project. Bitterbrush Point project. Excuse me. It is located approximately one quarter mile northeast of the Meridian Road, Victory Road intersection. It is an application for annexation and zoning and preliminary plat. The annexation and zoning request is to R-4 and that's for 10.94 acres and the preliminary plat approval is for 27 lots -- single family residential lots and four common lots. The lots range in size from 9,600 square feet to 25,200 square feet. And the average lot size is roughly 12,950 square feet. Access to the development at this time will be from an existing stub street, East Loggers Pass Street, which is provided from Observation Point Subdivision to the east. The applicant is also proposing a stub street to the north. We just accepted an application for a development -- actually, we didn't accept it, we just kicked it back out of the office, but there is an