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February 20, 2007 City Council Minutes Meridian City Council February 20, 2007 Page 23 of 31 Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. You know, it is a motion that doesn't have discussion, so I will first ask for action on the motion and, then, ask for your comments. Bird: We have a second on it. De Weerd: We did have a second, Mr. Rountree. The motion is to continue Item 13 to next week on the 27th. All those in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. De Weerd: Okay. Mr. Zaremba. Zaremba: It, actually, was not discussion on the motion, but I assume that it needed to be made before the motion was completed. Maybe not. My question was can somebody enlighten me on the pathway to find this document? De Weerd: Yes. You go under the clerk's office and, then, you would have to go into the documents. I'd have to go in and do it myself. So, Mr. Berg will sit over there and walk you through the process. Zaremba: I will talk offline with the clerk and get that information. Thank you. Item 14: Public Hearing: AZ 06-047 Request for Annexation and Zoning of 5.3 acres from RUT to L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: .* Item 15: Public Hearing: PP 06-049 Request for Preliminary Plat approval of 6 multi-family residential building lots consisting of 24 multi-family units, 1 clubhouse building lot and 3 common / other lots on 5.3 acres in a proposed L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: Item 16: Public Hearing: CUP 06-030 Request for a Conditional Use Permit approval for a multi-family development in a L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: De Weerd: Okay. Okay. Council, Items 14 and 15 and 16 are public hearings on AZ 06- 047, PP 06-059 and CUP 06-030. I will open these three public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Waverly Place project. It's Lot 6, Block 1, of Magic View Subdivision, which is located at 2510 West Magic View Court. It's this property here. The applications are for annexation and zoning, preliminary plat, and conditional use approval for a multi-family development in the L-Q Meridian City Council February 20, 2007 Page 24 of 31 zone. The highlights of the proposed development include annexation and zoning to light office, preliminary plat approval of six multi-family residential building lots. This is our best. And one clubhouse building. This is the clubhouse building. Maybe this is a better one. Here is the clubhouse building. And three common area lots. And, then, Conditional Use Permit approval is for 24 multi-family residential dwellings at six four- plexes. So, this is one set, two, three, four, five and one in the middle, so six. The gross residential density is 5.1 units per acre. It's 6.4 net density. There is a public road that comes in and loops around the project and, then, two common drives, one going by the clubhouse and one going to the northwest corner of the property. The Comprehensive Plan designation for this property is office. That designation reads: This designation will provide opportunities for low impact business areas. These would include offices, technology and resource centers. Ancillary commercial uses may be considered, particularly within research and development centers or technological parks. And, then, the last sentence of that designation as it applies to this property is additionally, as noted in the residential district section of the Comprehensive Plan, light office uses may be appropriate in limited circumstances and at the discretion of City Council. Prior to staff accepting this application we sought advice from Council. We felt that this application did not require -- that it did require a Comprehensive Plan amendment, so we brought that language to you and the Council felt that the last sentence was ambiguous enough that we needed to accept the application for you to consider as -- as itself. So, that is why it is before you tonight. Kind of as an aside, that just after you made that determination that I needed to accept this, I did submit a Comprehensive Plan text amendment that removed that last sentence that was approved and that sentence is no longer part of our Comprehensive Plan. But this application preceded that one. So, as it applies to this project that last sentence is still there. But -- Madam Mayor, Members of the Council, I have just heard from the applicant that the representative Mrs. McKay is not able to be here tonight, so they are requesting to defer the application. Do you want me to continue with the presentation or would you like me to redo this presentation at a later time? De Weerd: Council, I think we have a lot of people here tonight that are interested in this application. What would be your direction? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Did I hear you correct to defer to the applicant? Canning: Yeah. I think they want to continue it. I was not -- they had not stated a date. De Weerd: I guess, Mr. Nary, if you could give us what the options are and -- Nary: Madam Mayor, Members of the Council, certainly it's not uncommon and you have had some items on your agenda tonight that they have asked for a deferral or a continuance to a later date for a variety of reasons, sometimes it's posting, sometimes Meridian City Council February 20, 2007 Page 25 of 31 it's other reasons. It's not as common to get that after the presentation has begun, but it is within your discretion either way. Certainly, if I heard Mrs. Canning correctly, what was stated to her was that Mrs. McKay isn't delayed, she wasn't able to be here tonight and I guess I'm not certain why that wasn't brought to your attention prior to the meeting, but if she's delayed we can certainly take a recess, but if it's a fact that she's unavailable this evening, that's, again, within your discretion to hear this matter or continue it to another time. You certainly have the ability to hear the testimony of the folks that are present, but it does tend to be a little difficult from the Council's perspective to make a decision when you hear part of the testimony and, then, have to come back. So, it's solely your decision. Canning: Madam Mayor, Members of the Council, apparently it is a delay. We can try and meet -- try and reach Mrs. McKay on her cell phone and have a time estimate for you if you'd like, but we don't have that information yet either. De Weerd: Okay. Well, why don't we call a five minute recess. We will be able to better know what the time elements are. We will reconvene at 8:20. (Recess. ) De Weerd: Okay. I will go ahead and reconvene the City Council meeting. We are considering Items 14, 15, and 16. The applicant's representative is not able to be here, she had another hearing, but I guess at this point we do have a room full of citizens who would like to provide testimony. If you would like to provide testimony this evening, we will certainly ask to have that testimony for the public record, with the understanding that this will be continued per the applicant's request to take their testimony at the next meeting. So, I guess I would just leave it to the citizens and provide them the venue to provide testimony this evening, just with the understanding that the decision will not be made tonight. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I might be alone in this particular perspective, but with respect to the citizens that are here, I've not necessarily decided one way or another whether I agree to continue it, in light -- and maybe we need some explanation on the record with what's taken place. If it's a situation where, you know, a couple of items got scheduled a week ago to be on the same night and it could have been something that we and the citizens could have been warned might create a conflict and cause problems scheduling, I'm particularly sensitive to that and I'm not necessarily in a rush to continue it, while I might be inclined to do so, I'd be curious to have -- and maybe Ms. Stiles can make some comments on the record really as to what took place and where Mrs. McKay is and how that schedule got crossed and sometimes there is traffic issues that make you late and sometimes there just might be poor planning, so if you could give us just a nugget of really what -- the cause of the snafu here. Meridian City Council February 20, 2007 Page 26 of 31 De Weerd: Thank you, Mr. Borton. I would never say that I would make a decision for you. Stiles: Shari Stiles, Engineering Solutions. Councilman Borton, Mayor and Council, unfortunately, Becky and I were in Council meetings in separate cities the same night. One thing got continued to the 20th and she also got her job in Star continued to the same night. She was first on the agenda in Star tonight. She wasn't -- didn't know how many neighbors would be out. She knew that she did have some opposition. We were hoping that we could get our presentation and go on. We have most of the people that have signed up are for the project. I do believe we have one or two or three people that are not in accord with the -- like, for example, the subdivision association for Woodbridge and the people immediately adjacent to the north. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't mean to belabor the point, but was it a situation where, you know, Mrs. McKay had intended to be in Star tonight the entire night or was it the intention that she was going to be in Star the first part and, hopefully, be here by 8:25, to do this one tonight? I mean was there any intention for her to be her tonight? Stiles: Yes, there certainly was. Yes. She wanted to make the presentation and she's all prepared, because it's been a long time since we submitted this application. So, I guess I'm asking if you will allow the people that know the project intimately, they have been involved for many many months on this -- with this project, they don't really need a presentation as far as the people that are pro this project, but in order to give the full presentation and may perhaps deal with some questions -- I'm not sure what would come up, but we would like to have them speak and get that on the record, so they don't have to come back another time. But it definitely was her intention to be here tonight. Borton: Okay. Thank you. De Weerd: Okay. Thank you. Well, Council, if you feel comfortable taking care of -- or taking citizens testimony prior to the official presentation by staff and applicant, we can do that and perhaps Mrs. McKay will join us. Perhaps. Okay. Bird: Madam Mayor? Was Anna -- was she done with her presentation? Let's let her finish her-- De Weerd: Mr. Nary. Nary: Madam Mayor, just as long as it gets -- the public, if they choose to testify, the intent of the Public Hearing is to give them some opportunity to both -- if they have some rebuttal testimony in opposition to the project or if they have testimony in favor of Meridian City Council February 20, 2007 Page 27 of 31 the project, as long as the people that are in opposition recognize that if they choose to testify tonight, without the full presentation by the applicant, without a thorough discussion by the applicant, they are not going to get another chance to testify later. So, if they want to testify tonight, they won't have another opportunity to rebut whatever is brought up by the applicant, because they will have exhausted that time tonight, that's up to them. But I mean their -- as long as they understand that when they choose to do that out of order than what the normal course would be. De Weerd: Okay. So, as long as that's clear. If you provide testimony tonight, that that would be your testimony provided. That is what you said, Mr. Nary? Nary: Yes. De Weerd: Thank you. Nary: Sounds just like a lawyer, Madam Mayor. De Weerd: Oh, frightening. Stiles: Mayor and Council, I really appreciate your indulgence and I do apologize. It is a nice project. I really like this project and I would -- the neighbors are very happy and it's a very good product and I think that the product is needed in that area. So, thank you. De Weerd: Thank you. Okay. I think we have been clear as mud so far. But the general order or the typical order of our process is the staff introduces the project, the applicant presents the project in detail and, then, we ask for citizens comments, both for and against. Because the applicants' representative or spokesperson is not here to give their full presentation, we are kind of going about this disjointedly, but we want to recognize and respect your time. For those citizens that would like to provide testimony this evening, we certainly will accept public testimony, with the understanding that this will be your public testimony if it's continued, again, until next week, that this is your one and only chance for that testimony. So, with that said, is there any members of the public this evening here tonight that would like to proVide testimony on this application? Zaremba: Madam Mayor, can I ask a question? De Weerd: Mr. Zaremba. Zaremba: Perhaps it would help the individuals make the decision whether they want to speak tonight if we committed to the date we intend -- or at least expose the date we intend to continue it to. If we are talking about next week and somebody is aware that they are not going to be available next week, they may want to speak tonight. If that's the date that we are aiming for, I think it would help them decide whether or not they can come next week. Meridian City Council February 20, 2007 Page 28 of 31 De Weerd: Okay. Mrs. Canning, did the applicant give an indication as to when they would like it continued? Canning: No, ma'am. Also, I would like to finish my presentation before the public testimony, just so that they are briefed what the project is. De Weerd: Without the representative here to hear it? Canning: Yes, ma'am. I don't know how they'd comment on the application without understanding what it is. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Maybe what would be the easiest is if you took -- if you had anybody who indicates that they wish to speak tonight, based on the proposed day of the week, if that's what they -- and, then, you could make the motion to continue and you could still -- after knowing -- and taking -- excuse me. Then, taking Mrs. Canning's statement and the testimony. If no one here wants to speak tonight, you could set it all over and we could be done in two minutes. But if there are folks out here that do want to speak, then, at least we would know. De Weerd: Okay. Is there anyone who would like to provide testimony this evening and would like the staff's presentation first? You don't want staff's presentation first, but you would like to provide testimony? Okay. Then, please, come forward. If you will, please, state your name an address for the record. Beers: Sure. Thank you, Mayor. My name is Matt Beers and my address is 669 South Crosstimber Avenue in the Woodbridge Subdivision. De Weerd: Thank you. Beers: Thank you. De Weerd: I'm sorry to make this so complicated. Beers: That's okay. It's not too complicated. You know, I think on the list when I was signing in I was the only one who signed up against and my reservations are pretty limited in knowledge, so, you know, I don't have a whole lot of data to really back it up, but I will say that from a homeowner standpoint, the only meeting that I was aware of and able to attend was in the fourth quarter of last year and it was at the Meridian Police Department with the builder and he brought along another builder who had a proposal that would be contingent on this project going through and it was -- so, we had these Meridian City Council February 20, 2007 Page 29 of 31 vacation village that would come in and I think the catch would be that we would have some assisted living that would go in immediately to the south, in the property to the south. So, one of the concerns I have as a homeowner is that there is a domino effect that potentially could go through if the zoning changes. You know, first of all, we may not have any guarantees that what vacation village is proposing will actually transpire and, then, secondly, that, you know, we -- I think -- at least from what I heard at the police department was that this idea of assisted living, which sounds really great, you know, low rise building, all the things that we hope and desire, sounded more like it was targeted specifically for, you know, our benefit without any real -- you know, it's not part of this proposal or application you're going to get, so I was nervous about that and immediately skeptical. And, then, as far as, you know, what I have heard in terms of notification so far, we had a brief flyer that got posted at the entrance and exit to the Woodbridge Subdivision and I got something on my door that has a pros only list and I imagine they are all in business in some way or another and, you know, a pros only list is immediately something to bring caution to mind. When I first moved into the subdivision three years ago I had an expectation that, you know, this would be zoned as the office space zoning that it is today and it was part of the decision, certainly not the whole decision, as to why I moved in there in the first place, but it was part of the decision as to why I wanted to live there. I thought that that would be the buffer between me and Eagle Road. You know, having another housing subdivision, even if it's 25 units, that's an additional 50 cars, roughly, that may come back now through my subdivision on the weekends when my kids are out playing or, you know, when I'm commuting, the same time I'm commuting in the morning and the evening and those are all undesirable factors given the traffic situations we already have today, entrance -- ingress and egress in and out of our subdivision. So, those are concerns that I have. I think, you know, the way it's been presented so far it's all pros, no cons. I certainly don't have a problem with the 35 foot -- as it was described in here, 35 foot tall buildings, two story structures, if they are medical in orientation, you know, I think like the last time you guys had a proposal to approve or not approve housing in that area, I don't have a problem with that. It's what my expectation was originally. These aren't view homes, so what we would be looking, you know, unnecessarily, is more interior to the subdivision, not exterior or outside of it. I think that that's originally what, like I said, I signed up for, what I hoped for, and what I hope you all decide for in terms of where we are going. So, I don't know if that's right for comments or not, but this is the first time I have ever testified to a group like this, so -- De Weerd: You did just fine. Beers: Thank you. De Weerd: Thank you. Okay. Did the applicant have a date desired to continue this to? Canning: The applicant is requesting one week. Meridian City Council February 20, 2007 Page 30 of 31 De Weerd: Okay. Again, to the public, we apologize for the day. I will offer another opportunity if there is anyone who would like to provide testimony on this application, we would entertain your comments. Okay. Seeing none, Council? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: In continuing it would it be appropriate to ask that it be the first hearing on the agenda? De Weerd: It certainly would. Mr. Berg, can you accommodate that? Berg: Yes. De Weerd: Good answer. Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we continue the public hearings for AZ 06-047, PP 06-049, and CUP 06-030, all pertaining to Waverly Place Subdivision to our regularly scheduled meeting of February 27th, 2007, with a request that they be placed as the first public hearings on the agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Items 14, 15 and 16 to next week on February 27th. All those in favor say aye. Borton: No. De Weerd: I haven't asked for no yet. All those opposed please indicate. Borton: No. De Weerd: Thank you. Okay. Motion carries. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Council, that is the end of our agenda. I would entertain a motion to adjourn. Rountree: So moved. Meridian City Council February 20, 2007 Page 31 of 31 Bird: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Thank you. MEETING ADJOURNED AT 8:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BERG, JR, CITY CLERK / / DATE APPROVED