Loading...
HomeMy WebLinkAboutSeptember 19, 2006 C/c Minutes Meridian City Council September 19, 2006 Page 35 of 67 Item 12: Continued Public Hearing from September 12, 2006: MI 06-007 Request for Modification of the Development Agreement for Cherry Lane Christian Church for removal of the Conditional Use Permit requirement for construction north of Ten Mile Creek by Cherry Lane Christian Church - northwest corner of W. Franklin Road and N. Ten Mile Road: De Weerd: Okay. Item 12 is a continued Public Hearing from September 12th on MI 06- 007. Anna. Canning: Madam Mayor, Members of the Council, this is the Cherry Lane Christian Church project, located at the northwest corner of Ten Mile and Franklin. The project is currently zoned C-N. The applicant seeks to remove the requirement for detailed conditional use approval for development north of Ten Mile Creek. This is a development agreement modification. To support that request, they are presenting a concept of how that area will develop and I will -- this is the concept plan for the whole site. What they are asking for is just approval to develop this triangular portion without having to go through the detailed conditional use approval. The development in that area includes a gazebo that they received temporary use approval for for their grand opening. They would like to keep that there. And, then, just in general they are developing this as a park area for the church. It's kind of a rose garden and walking paths and landscaping and the gazebo and, then, it also has a caretaker dwelling for oversight of the area and for general oversight of the church property. So, they are asking for just this corner to be exempted. The rest of the property would still be subject to detailed conditional use approval at the time they would like to develop and to refresh your memory, the reason you did that is because at that time they -- they have had this kind of footprint for the structure, but they have not had any elevations to go along with it, and because they weren't able to provide those, Council asked that they seek detailed conditional use approval. De Weerd: Okay. Canning: Let's see. I think --the staff is in general support of their request. We don't see any need to do the Conditional Use Permit for the area north of Ten Mile. If Council does decide to approve this request, if in your motion you could direct the legal department to draft an amendment to the development agreement, we would appreciate that. De Weerd: Okay. Thank you, Anna. Any questions for staff at this time? Bird: I have none, Mayor. De Weerd: Is the applicant here? If you will, please, state your name and address for the record. Pardue: Steve Pardue, 1010 South Allante, Boise. Meridian City Council September 19, 2006 Page 36 of 67 De Weerd: Thank you. Pardue: BRS Architects is the applicant for Cherry Lane Christian Church and we are in full agreement with staff's recommendations at this time. De Weerd: Okay. Pardue: Open for questions. De Weerd: Mr. Rountree? Rountree: Madam Mayor, I have a question on -- not the concept, but the plan we see before us has three points of access off of Ten Mile for that relatively small parcel and I'm not sure if that's what you intended to do and if you have agreement from ACHD, but it seems to me in trying to consolidate and minimize the points of access on some of those major arterials, that one ought to be sufficient. So, what is the concept with that? Pardue: Councilman Rountree, that the northeast corner property is actually a property that's subject to purchase by the City of Meridian to be used as a future well site and so that's, actually, proposed access specifically for that well site. Rountree: So, that is an individual lot up there? Pardue: It is. Rountree: Okay. Pardue: And the other two access points below that -- this other one is primarily for public and church use to access the park. And, then, the third access, the triangular area below that, is, actually, for access to a maintenance building and bus parking. And so that's more an accessory function specifically for larger vehicles whereby those were not intended to be mixed with public vehicles. It's a limited use. Rountree: Thank you. De Weerd: Okay. Any other questions from Council? Okay. Thank you. Pardue: Thank you. De Weerd: This is a Public Hearing. Is there anyone in the public who would like to provide testimony on this application? Seeing none, Council? Rountree: Madam Mayor, I would have a question for Gary on the access, if he would -- I hate to see you waste your evening and not get an opportunity to say anything to us, so -- Meridian City Council September 19, 2006 Page 37 of 67 Inselman: Thank you very much. De Weerd: We have been working hard on that lately, haven't we? If you will, please, state your name and address for the record. Inselman: Gary Inselman representing ACHD, 3775 North Adams, Garden City. Rountree: My question, Gary, is you heard the explanation on the curb cuts on this with the future expansion of Ten Mile. Is that something that's consistent or would be approved by ACHD? Inselman: I have to admit off the top of my head I don't remember what we approved with the original applicant. I do remember discussion of trying to consolidate those and not understanding why the city couldn't access through the church property and needed their own driveway to the well lot or a driveway at what was an existing house, which has now been removed, you know, we would prefer that, you know, these limited use driveways be removed and take access off the parking lot would be our preference, but I don't recall what we specifically approved with the original app. Rountree: Thank you. De Weerd: Okay. Len, do you have any comments on accessing through the parking area? Grady: Madam Mayor, I think we could make do if -- if required. However, I just -- the amount of traffic going into that well lot will be, you know, once a day to check for problems and when we -- a lot of times when we do access those well lots it might be with a service truck or in extreme cases even be drill rigs. But if required we could take access off the main parking lot, provided we have some sort of cross-access easement or something along those lines. De Weerd: Okay. Mr. Rountree, do you have any further questions? Rountree: I have no further questions for now. De Weerd: Okay. Would the -- Pardue: Madam Mayor, Members of the Council, the current approach as indicated are the -- are the current plan and layout of the design of what ACHD has actually approved, just for the record. De Weerd: Would you be open to allowing the city cross-access through the parking lot? We certainly look to minimize access points where at all possible. Meridian City Council September 19, 2006 Page 38 of 67 Pardue: This is, actually, the first comment received from the city in regards to that request. I think the Cherry Lane Christian Church could be amiable to that suggestion, but this, obviously, is the requested plan. De Weerd: Okay. Any other questions from Council? Thank you. Okay. Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Hearing no more discussion, I move we close the Public Hearing on MI 06-007. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: For Anna I guess -- well, actually, Madam Mayor, if you can answer this for me. At what point -- we sort of danced around the access issue on the northernmost access. They are sort of agreeable to it and we sort of want to get rid of it? When is that issue going to be resolved? De Weerd: In your motion. Borton: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'll make one statement. It certainly don't affect my vote one way or the other, but I don't have any problem leaving the access up there for our well lot for the simple fact is if you got something going there and we need to get in there with a service truck or a larger truck or something, I don't want our guys to have to run through a parking lot full of cars and kids and everything else. And I don't think it's that close, there is not going to be that -- that much traffic in and out of there and that area is used to three cutouts anyway. There was two houses there that each had their own driveways and farm equipment come out of the other, the northern one. So, that certainly isn't going to weigh my vote one way or the other. I don't see why we can't leave it in. Meridian City Council September 19, 2006 Page 39 of 67 De Weerd: I guess, Council, our overall goal has been to limit access points and, in particular, on busy arterials. Ten Mile will be one of those busy arterials. It already is. And three points of access in less than a quarter of a mile is -- can be confusing to the motoring public. I do understand Councilmember Bird's concern about traveling through a parking lot, but one trip each day is not excessive. Certainly, we would ask this of others for this kind of consideration, I think we should ask it of ourselves. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no further discussion, I'll make an attempt at a motion here. I move that we approve the request in Item 12 for MI 06-007, directing legal staff to draft an amendment to the development agreement as stated in the staff report and with the added condition that the staff, Meridian Planning and Zoning, and that the applicant and their staff sit down and consolidate the points of access on Ten Mile Road to accommodate potential use by the city for a well lot and use by the church for access to their maintenance facility. Bird: Before I second that, are you -- are you stating one access -- De Weerd: Mr. Bird, I'm sorry, you need to second it and, then, have discussion. Bird: I'll second and, then, I'll ask questions. De Weerd: Thank you. Bird: I second it. Madam Mayor? De Weerd: Yes. Bird: Now, are you going to have two accesses or one? Rountree: One. Bird: One access. Baird: Madam Mayor? De Weerd: Mr. Baird. Baird: Could I ask a clarification to the maker of the motion? Would that include the requirement that the church grant the city a cross-access easement through the parking lot, so we could reach our well lot? Rountree: Yes. Meridian City Council September 19, 2006 Page 40 of 67 De Weerd: Unless the city could accommodate the church property or vice-versa. Baird: Vice-versa. Okay. De Weerd: Okay. This is -- this is different from the questions that were asked. Is it enough to ask the applicant if -- I guess -- Baird: Madam Mayor? De Weerd: Mr. Baird. Baird: I hate to suggest that we delay this another week, but some issues have come up that are going to require some negotiation between the parties involved. Perhaps it might be wise to bring back a firm proposal, if that's your desire. Rountree: Madam Mayor, the maker of the motion would recall my motion. Bird: Second would agree. Rountree: And make a motion that we continue this Public Hearing for another week, with the opportunity of staff and applicant to get together and talk about the access issues off of Ten Mile as it relates to the future well site for the City of Meridian, parking access for the park and access by the church for their maintenance facility for the park. Bird: Madam Mayor, I would second that and you did reopen the Public Hearing; right? De Weerd: With this motion we will. Bird: Okay. Rountree: Yes. De Weerd: Okay. I have a motion to continue -- reopen and continue this until next week, so that the staff and applicant can get together on the access points to Ten Mile. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: For discussion purposes, I'd just point out that I agree with the reasoning and goal of Councilman Rountree in his original motion and in support of that concept the parties work together to, hopefully, come to that conclusion. De Weerd: Okay. Okay. I would ask all those in favor say aye. Any opposed? Thank you. Meridian City Council September 19, 2006 Page 41 of 67 MOTION CARRIED: ALL AYES. Item 13: Public Hearing: AZ 06-040 Request for Annexation and Zoning of 4.38 acres to an R-8 zone for Bellabrook Subdivision by JE Development, LLC - 300 South Locust Grove Road: Item 14: Public Hearing: PP 06-038 Request for Preliminary Plat approval of 20 residential lots and 4 common lots on 4.38 acres in a proposed R-8 zone for Bellabrook Subdivision by JE Development, LLC - 300 South Locust Grove Road: De Weerd: Okay. Items 13 and 14 are Public Hearing AZ 06-040 and PP 06-038. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Bellabrook project. It's located south of Franklin Road and east of Locust Grove Road. So, the C-N property you see is the LDS stake house, so that gives you an idea. We have got Woodbridge to the south and this is kind of in between. It is an application for annexation and zoning and preliminary plat. The applicant requests R-8 zoning for 4.38 acres and preliminary plat approval of 20 single family residential lots. All of the homes within the development are proposed to be single family detached homes, with -- they are all single family detached. Here is the LDS church to the north. Here is the Five Mile Creek coming through the west -- east end of the property. And you can see the flood zones there. All that area is within an open space lot. This is a single family home here. They got all the topo lines on, so it's a little hard to read. I don't know if -- here we have one. And, then, these two would be stand alone single family houses without shared drives. All of the other units are proposing to share a drive. And let me explain how that's going to work. Here you have the street out in front. You have a shared driveway between two units and, then, you have your garage at the back of your unit. That way as you come down the street you don't have a wall of garages, you have a streetscape similar to an alley, except that the units are loaded in the -- or accessed from the back. Or accessed from the front, but the garages in the back of the lot. And they have some elevations here of a project that's in Eagle. You can see the common driveway going back and, then, the garage is at the rear of the property. I believe these example houses -- the applicant can tell you, but I believe these are, actually, on smaller lots than what they are proposing. However, the average lot size in the development is 4,961 square feet. And approximately 18.3 percent of the site is being set aside for usable open space. So, that equates to about 22.7 percent. I'm going to talk about that open space for a moment. As you see through Woodbridge, you get the -- the flood plain area was left -- and generally it's open state and you can see the riparian vegetation still through there and the walking paths are along that area as well. There is an opportunity to extend that all the way down to Franklin. This would be one small sliver in connecting that, but it is an important little slice. A lot of this property here is in the flood plane. This is one of our more sizable flood planes, actually. It spreads out fairly wide in this area, as you can see on their map. So, here you have the -- the flood way is not channelized, so it's fairly