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HomeMy WebLinkAboutDecember 4, 2007 C/CMinutesMeridian City Council December 4, 2007 Page 47 of 77 De Weerd: I have a motion and a second to close the Public Hearing on Item 19. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Rountree: I have none. De Weerd: Do I have a motion? Rountree: Madam Mayor, I move that we approve the 18 month time extension for Item No. 19, subject to staff comments, with the exception of the hundred foot right of way requirement and leave the stated requirement that adequate right of way would be provided, with the understanding that, the applicant at this point is indicating 70 feet would be acceptable. Borton: Second. Borton: Second. De Weerd: I have a motion and a second regards to Item 19. Any further discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Council, I would like to call a five minute recess. We will recess in -- or we will reconvene in five minutes. (Recess.) Item 20: Public Hearing: CPA 07-010 Request to amend the Comprehensive Plan Future Land Use Map for the north Meridian area to include 645 acres north of the Phyllis Canal and south of the Boise River from Linder Road to approximately'/ mile west of Black Cat for North Phyllis Canal Proiect by Sherrie Ewing: Item 21: Public Hearing: ,CPA 07-015 Request for a Comprehensive Plan Text Amendment to create a new land use designation that would include open area, low-density, residential, medium low-density residential and Meridian City Council December 4, 2007 Page 48 of 77 medium-density residential uses with an anticipated average of density of 3 dwelling units per acre for North Phyllis Canal Proiect by Sherrie Ewing: De Weerd: I will go ahead and call this meeting to order and we are at Item 20 and 21. Mr. Baird, can we open these two together? Baird: Madam Mayor, Members of the Council, that would be my recommendation. De Weerd: Thank you. That was an enthusiastic response. I will go ahead and open Items 20 and 21, CPA 07-010 and CPA 07-015 with staff comments. Canning: Thank you, Madam Mayor, Members of the Council. This is the North Phyllis Canal project. It's -- the subject area includes 645 acres north of the Phyllis Canal and south of the Boise River from Linder Road to approximately a quarter mile west of Black Cat Road. The applications before you tonight are a Comprehensive Plan map and text amendment. The highlights of the proposed development are they propose to amend both the text and map of the 2002 Comprehensive Plan. They want a new future land use designation of -- their original application was for future land use designation of river residential. The river residential designation is proposed to consist of common area, open space of about 265 acres, low density of 293 acres, medium low density of 48 acres and a medium density of 39 acres, with an anticipated average density of three dwelling units per acre. Concurrently, the applicant has proposed a text amendment to the Comp Plan to create a new land use designation for the subject area called river residential that would include open areas, low density residential, medium low density residential, and medium density residential uses with the -- again, the average anticipated density of three dwelling units per acre. And those details are included in your staff report. However, prior to the Planning and Zoning Commission hearing, staff requested that the applicant substitute a low density residential designation for the river residential designation and, really, it was me, more than any other staff member. And my only motivation was to keep the Comprehensive Plan simple and not add another designation to it. We already struggle, I think, with too many mix used designations and I was reluctant to add the river residential designation. The applicant did agree to the change and that was the recommendation that's before you tonight. So, that low density residential designation does allow up to three units per acre and is consistent with the applicant's original proposal. So, we are proposing -- this is what it would look like. With that change, the text amendment would no longer be necessary. The Commission recommended approval at their November 1st, 2007, Public Hearing. Sherry Ewing spoke in favor of the application, as did John Yorgeson, Ryan Colson, and Tuck Ewing. No one spoke in opposition or commented. There was written testimony from the City of Eagle, signed by the Mayor and Council and that was stated 10/24/07 and it opposed the application, because it's currently within their area of city impact and within their Comprehensive Plan as well. Key issues of discussion by the Commission were the Meridian City Council December 4, 2007 Page 49 of 77 desire of some residents along the west side of Linder Road south of the Phyllis Canal to also be incorporated into the area of city impact. So, I will point that out to you. It's this. property. Because it was not part of the noticed application, the Planning Commission could not act on that request. And the other issue of discussion was the fact that the subject property currently lays within the Eagle's area of impact. There were no changes to staffs recommendation. As I pointed out before, staff did make the recommendation for low density residential, rather than the river designation. The outstanding issues before City Council -- there is still some question as to whether it's appropriate to include this in the area -- in our Comprehensive Plan, because it is in the Eagle area of city impact. I would be remiss if I didn't point that out. As Council is aware, we have tried -- you have tried to meet with Eagle city council and get this issue resolved on a number of occasions and have not been able to come to an agreement on that. We -- as a -- if Council would like me to also talk about the Blueprint For Good Growth plan from the planning boundaries discussion, I can include that as well. It's somewhat germane to this, but not directly related. So, I'll just leave it at that for now and ask if you have any questions. De Weerd: Council -- yes, Mr. Rountree. Rountree: Madam Mayor. Anna, what were telling us about an area in this spot? Canning: I believe -- I'm 99 percent sure -- and Ithink -- I believe he's actually here to testify tonight as well. The person that owns this piece of property was interested in being included within the area of city impact also. Because it wasn't part of the noticed application, it extended the boundaries of that application, the Commission was not able to act on that recommendation. Would also like to note for the -- to refresh Council's memory, when the north Meridian application went in that included the property north of Chinden, there was discussion with those neighbors -- those neighbors were pretty vocal about the fact that they wanted to remain in the city of Eagle. Those within the subdivision. I think there is -- a few of these lots are not actually in that subdivision. Rountree: Madam Mayor? De Weerd: Uh-huh. Rountree: Question, Anna. You have a couple different colors in the area. I'm going to take a guess that they are probably green. But they are different shades of whatever they are. Canning: Yes, sir. I'm sorry. This is the low density residential and this is public/quasi- public open space. Rountree: Thank you. Meridian City Council December 4, 2007 Page 50 of 77 Canning: And, yes, they are green. De Weerd: Any further questions for staff at this point? Seeing none, would the applicant like to comment? Ewing: Madam Mayor, Members of the City Council, I am Sherry Ewing and I reside at 2934 East Lake Hazel Road here in Meridian. And to give you a little history on how long it's taken us to get to this point, in May of 2005 we attended the north Meridian area open house and told both Meridian and Eagle planners that we wanted to be included in Meridian. I, then, met separately with both planners. We testified at the Eagle City Council meetings, Meridian Planning and Zoning, Meridian City Council meetings. We also testified at the Ada County Commission meeting on April 27th of 2006, where Ada county granted permission to the city of Eagle to include us in their comprehensive plan. We also testified at Meridian and Eagle luncheon meetings. We have met with Ada county -- an Ada county commissioner. We have met with Ada county development services on three different occasions. We attended and testified at the Eagle sewer district board meeting. We visited with Mayor Mitchell from Star and also their sewer district to see what our options were. Ada County Development Services agreed that the most common sense approach was for us to be connected to Meridian. They also indicated we could plan and organize our own planned community through Ada county and build our own sewer plant. On November 20th, just a couple of weeks ago, Ada County Commissioner Tillman met with Meridian and Kuna to discuss boundaries. The north Phyllis Canal area was mentioned and the map was marked for us to be included in Meridian. He said that he had met with Eagle prior to this meeting. He said that the boundaries should be set according to which city would be able to service the area in the quickest, most cost effective way and according to the wishes of the property owners. Some of the reasons we want to be in Meridian. Our address has been in Meridian for 85 years, since my grandfather bought the place in 1912. Our first phone number was a Meridian number. Five generations of our family have attended schools in the Meridian city limits. Access to this area is through Meridian roads. We are contiguous with the Meridian city limits. When we called 911 Meridian responded in less than five minutes. We are members of the Meridian library. Sewer capacity is planned for us through Meridian and we will be -- and will be at our property line within three years. The closest Eagle sewer has not been scheduled yet and is 2.8 miles, plus two river crossings, away from us. Eagle sewer would cost over five times as much to connect to as Meridian. The Meridian police department and fire departments are closest to this area. For this application I contacted the following agencies. Idaho Transportation Department. United Water. Meridian police. Meridian fire. Meridian parks. The joint school district. And Ada County Highway District. And no one had any negative words for us to be accepted. When we started this application process the staff asked us to develop our own designations for. this area and I would like to share with you what --what we had proposed. However, we are very acceptable to do what staff Meridian City Council December 4, 2007 Page 51 of 77 has asked now with the other designations, but I have a reason for this. We would like to see this area developed into a showplace for the City of Meridian. The floodway would be a perfect place for walk paths, public parks, and possibly sport fields, ponds, et cetera. The flood plain area will follow through with more ponds, walking paths larger lots, and cluster homes. Against the bench or the Phyllis Canal we are thinking of smaller lots and depending on the market. The land circling, the golf course may include townhomes. We would like to see a walking path for the two miles along the Boise River, plus multiple access points for the public to enjoy the Boise River. This area would give the City of Meridian its only Boise River frontage, water amenities, and ponds and would definitely be a showplace for the City of Meridian. In our proposal we had 41 percent would be open -- 41 percent of the 645 acres would be open areas. Forty-six low density residential. Seven percent medium low density residential. And six percent medium density -- medium density residential. Our total homes for this area with those numbers is 1,090 homes, which is what Meridian staff wants to see. As per the letter -- Eagle's letter to the City of Meridian, dated October 24th, that you have in front of you, on pages two and three, if you do the math they projected 1,092 homes for this area, so that's two homes actually more than what we had proposed. Eagle's letter also indicates that we want 1,920 homes and that is incorrect. And that is actually in the school section of their letter. We included a concept plan with vision for this area. Again, we are not proposing a development project at this time. Our map is a general picture of the feathering of uses we are proposing as stated above. We are not submitting a bubble plan at this time, because of the following reasons. We are not developers. We are not ready to develop. We do not know what the market will be when this area is ready to develop and to get one hundred percent agreement with the property owners on everything would be almost impossible. Transportation to this area --from the east is Linder Road, using Duck Alley. From the south Basco Lane, Black Cat, and possibly Highway 16. And from the west possibly Palmer Road. All of these access points would be developed as the land is developed, subject to the approval of the City of Meridian as annexation is requested. To summarize, we have always been Meridianites and we want to remain Meridianites. Do you have any questions? De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Sherry, you said just a bit ago that -- talking about your bubble plan and what specifically you wanted to do down there, that it would be almost impossible to get a hundred percent agreement amongst the various owners. We probably will hear this evening, but I guess want you to reflect on what you think you have in terms of the property owners in these boundaries? Meridian City Council December 4, 2007 Page 52 of 77 Ewing: Well, of the 645 acres, Charlie, I think almost everybody is here tonight and they totally agree with what I said. Rountree: So, you have one possibility. Ewing: Uh? Rountree: You have one thing that was a possibility. Ewing: Well, no, really, what I thought was on that was, you know, to actually get in and say, okay, this is where the road's going to be and this is where -- you know, we aren't there yet. Rountree: I understand. Ewing: Yeah. That's what I meant by that. Rountree: Okay. De Weerd: Any other questions, Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Sherry, can you outline briefly what happened with Eagle and there was some request or requirement by them that you apply to be removed from their planning area and pay the related fees and costs to do that? Ewing: Actually, what happened there is prior to them going to Ada county and having Ada county change their comprehensive plan, prior to that they had a City Council meeting and I went and I testified there that we did not want to be in their city -- in their impact area and they said that they were going to go ahead without that -- without doing anything with us and, then, when we went to Ada county, I also testified at the Ada county level, and they went ahead and approved, even though I had testified that we didn't want to be in there. Is that what you mean? Borton: Yeah. And, then, there is request -- I guess a requirement, then, if there were to be change for you guys to pay the fee of task to get out of the planning boundary that you never -- Ewing: I don't know about that. Meridian City Council December 4, 2007 Page 53 of 77 Borton: -- requested to be in in the first place. Ewing: I don't know about that. That we had to pay to -- Borton: No. That you would be required to apply and pay the related fees to request of Eagle to be removed from their planning boundaries? Ewing: I guess I didn't understand that. Borton: I was just asking if that was -- Ewing: We had been asked. Idon't -- Joe, I really honestly don't believe that we have been asked to pay a fee and submit an application to be removed from their -- their planning -- I don't know that we have done -- I don't know that we have been asked that. Borton: I'm sorry, Sherry, I probably asked it kind of confusing. I don't think you have been asked to do it. Ewing: Oh. Okay. Borton: It was my understanding that -- and Anna might be able to clarify that for me, but that's kind of the steps you're forced to undergo if you wanted to be removed. Canning: Yes, sir. As I recall, it was after the councils last got together. There was some discussion about -- perhaps that -- from the Eagle city staff's point of view, at least, that the appropriate mechanism would be for the -- the property owners to request to be removed from the area of city impact and, then, request to be added to ours. Mrs. Ewing came to the Council I believe last summer and prior to submitting the annexation to just ask Council in general about their opinions and they just suggested that she go ahead and submit with the city of Meridian and not pursue anything with the city of Eagle. That's my recollection of that particular situation. Borton: Mine as well. Canning: Okay. De Weerd: Okay. Zaremba: Madam Mayor'? De Weerd: Mr. Zaremba. Meridian City Council December 4, 2007 Page 54 of 77 Zaremba: I know this is a story that sounds like a snowball started rolling down the hill and it just kept going and going and no matter how you tried to push, but I would perhaps ask our legal Council to comment. It's my understanding that there is nothing in Idaho law that prohibits us from annexing or having a Comprehensive Plan in another city's area of impact. I know all the cities are sensitive to that and try not to step over each other and the point is so that you can develop a plan that you can -- can put into effect. But, in fact, this is not anything that would be illegal for us to accept; is that correct? Baird: Madam Mayor, Members of the Council, Councilmember Zaremba, that is a correct statement. Zaremba: Thank you. Canning: Madam Mayor, if I could expand on that a little bit. The action you would take tonight, if you chose to, is to include this area within the Comprehensive Plan. The next step would be to ask the county to include it within their area of city impact, if you choose to do that. The state law -- most attorneys would say that the state law allows you to annex whether or not it's within an area of city impact or not. The state code with regard to overlapping areas of city impact appears to give two different options. One is the Committee of Nine, which the -- which the Commission opted for last time, which didn't work very well for them. There is also a very clear option to just have a vote of the properties affected. I think it's pretty easy to see that if you voted -- had these folks vote, they would -- you would know what -- how that vote would turn out. They have submitted the application. And that was the reasoning we used with Commissioner Tillman when we met to go over the planning boundaries, is that clearly if you had a vote they'd vote Meridian. It's the intricacies of state law regarding areas of city impact. De Weerd: Any further comments or questions? Yes, Mr. Rountree. Rountree: Sherry, you said you met with Eagle and Star sewer. Did they give you any indication when, if ever, they might be able to provide service to this area? Ewing: We actually testified at the Eagle sewer district meeting and at that time they said that there was no schedule for them to get sewer to our area. Right now they are at State Street and Linder is the closest to our area, which is 2.8 miles away and that just gets it to Duck Alley, which is another two and half miles to my parents' property and, then, Star said that they are -- they are still on the north side of the river, they haven't crossed yet, and so it's going to be quite some time. No, it's not scheduled at all. And the cost -- they told me that they had no idea and they could work it up, but it was too -- it was another river crossing again and a long time. And we are contiguous with the City of Meridian and the City of Meridian has us planned. Meridian City Council December 4, 2007 Page 55 of 77 Rountree: Madam Mayor? De Weerd: Uh-huh. Rountree: What's the parcel size that you're representing? Ewing: I am representing -- of the 645 -- Rountree: Of the 645. Ewing: -- acres I am 260 acres. I'm representing all 645, but my parents' is 260. Rountree: Thank you. De Weerd: Further questions? Bird: I have none. Zaremba: Madam Mayor. It's not really a question, just acomment. Ijust -- the sense of Eagle is that they may be changing about how interested they are in growth in general and they might welcome us removing this from their consideration. Just a comment. With all due respect to Eagle. There is an election tonight. I don't know how it came out. De Weerd: Bandy is leading by 130. It's like a sports score right now, you know. If there is no further questions, Council? Thank you. I do have a number of people that did sign up in favor of this Comprehensive Plan amendment. Peggy Everest is in favor. Andy Roman in favor. If you have any comment, please, come up when I call your name. If you will, please, state your name for the record. Roman: Yes, Madam Mayor and Council members. My name is Andy Roman. 4146 North Bryce Canyon Avenue in Meridian. De Weerd: Thank you. Roman: As a member of the Idaho Rivers United, I would strongly recommend that this area be incorporated into Meridian, because anytime you have services crossing a river, you are bound to have an impact on that river and I think it's just better, because they are. contiguous with Meridian, to have them part of Meridian. So, that's my only comment. De Weerd: Thank you, sir. Someone -- I can't read the printing. Who signed up after Andy? The last name ends in a D. That would be my best guess. Or an L. I I'll just continue on and if I didn't call your name, you can just let us know. Linda Lazarus in Meridian City Council December 4, 2007 Page 56 of 77 favor. Gary Hinkle. Thank you. Signed up in favor. Tuck Ewing signed up in favor. Ray Arona signed up in favor. Tim Gibson signed up in favor. Thank you. Phil Abbott signed up in favor. John Ewing in favor. So, who didn't I call? And what is your name? Steve Hinkle. Might be you. It's still in question. Is there anyone who would like to provide testimony on this application? Sounds like we have a united front there. Council, any further information needed? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Ask a question for general discussion, I guess. This has been a struggle, apparently, for the applicants and I'm sorry for that and my personal opinion is this is the right thing to do. I -- the question that I have come to is this is low lying land and the request to change the map includes some low density residential, some medium low, some medium density. De Weerd: No. Not by the city. Zaremba: Well, what the city request was to change the designation of river residential, which is not something that we had defined, to be low density residential, but there are -- there are different densities and I'm not questioning that. The piece that I'm getting to is when this becomes part of our map for the Comprehensive Plan, we do allow a step up or a step down and we have become sensitive and stung by people that have flipped property after it had designation. I'm not anticipating that that's going happen with any of these properties, but my question is either of Director Canning or of our legal counsel, when -- when and if we agree to the designations that are being proposed and they become part of our map, can we add that in this low lying area they are not available for a step up? De Weerd: Okay. Anna. Canning: Madam Mayor, Members of the Council, you have done that in another area, I believe. No. Sorry. We are in -- we were contemplating it at one point with regard to the south Meridian application, but currently -- we haven't done that, but certainly we could add -- we could modify the text amendment to state that -- instead, that this area wouldn't be available for a bump up. We can't condition it per se. There is no application to condition. If I might just go back a little bit and talk on that subject a little more. The reason the applicants proposed the river residential designation was one of my concerns that if we are to have overlapping areas of city impact, I wanted them to be consistent, that -- particularly with regard to transitions and overall density. The one you see here is the Eagle future land use map. This was the applicant's proposal. It does kind of have a transitional use coming up toward the bluff. They have actually shown Meridian City Council December 4, 2007 Page 57 of 77 more open space, because they have shown the golf course here and, then, the low lying flood plain areas. Those step ups are always at the discretion of City Council. it's not a given. It clearly states that they are at the discretion of City Council. If an application were to come in for this area, we would look to this bubble concept, as well as the Eagle Comprehensive Plan to make sure that there was some consistency there, along with our own Comprehensive Plan. I think that could be addressed at the time of annexation. I do understand the concern, but I'm not sure it would be appropriate to signal out one specific area to exclude that exception. There may be -- it was designed to allow a little flexibility in the application of the residential designations. Rountree: Madam Mayor, I guess on that point, it's not -- it would not be annexed at this point and that would be subject to annexation. This is a bit unique, I think, in that the infrastructure that ultimately will be in place to handle this wouldn't handle any greater density than we are talking about now. So, I don't see -- even if they proposed a bump up, there is no place to put the wastewater, so it's kind of self imposed. Zaremba: Well, you have both given me some comfort. De Weerd: Any further questions from Council? Zaremba: Just to explain why this concerns me. I lived along the Mississippi River for many years and you learn when you live along a river that the river isn't just where you see the water today. The river can go from bank to bank or bluff to bluff -- here we call them benches -- and I've long been concerned about how many houses Eagle has let be below ground. So, I -- that's why I raised the concern. Thank you. De Weerd: Any closing remarks from the applicant? Okay. Council, any further information needed? Last chance for any public testimony. Okay. Canning: Madam Mayor, I did contact the city of Eagle last week and let them know that this hearing was tonight. Staff said that they wouldn't be coming, but they would try and get one of the council members to come. Apparently that hasn't happened, so I just want to let you know I did call them. De Weerd: Thank you. Rountree: They are all new now anyway, so -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council December 4, 2007 Page 58 of 77 Zaremba: Having heard all staff, applicant, and public testimony, I move we close the Public Hearing on CPA 07-010 and CPA 07-015. Borton: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 20 and 21. All those in favor say aye. All ayes, motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve CPA 07-010 and CPA 07-015 relating to the North Phyllis Canal project, to include all staff comments. Do you want to do them separately? Baird: Madam Mayor, Members of the Council, sorry to interrupt, but as Anna pointed out at the beginning, there may not be a necessity for Item 21 and I'll let her fill in the gaps. Canning: Madam Mayor, Members of the Council, the applicant has, basically, consented to staffs suggestion that they withdraw the text amendment. If you'd like to do it that way or you can deny it. I would prefer to see it -- the withdrawal accepted. Zaremba: In that case, Madam Mayor, I withdraw that motion and start anew. I move that we approve CPA 07-010 relating to North Phyllis Canal project and accept the applicant's withdrawal of CPA 07-015. Rountree: Second. De Weerd: Mr. Baird, is it best done in one motion or two motions? Baird: Madam Mayor, Members of the Council, it probably would be clearer for the record if you took them one at a time. Zaremba: Madam Mayor, I so far have not said anything, so I'll start again. De Weerd: I heard nothing. Borton: Keep going. Rountree: You're on a roll. Meridian City Council December 4, 2007 Page 59 of 77 Bird: Keep going, David. Zaremba: I move we approve CPA 07-010. Period. I'm sorry. To include all staff comments. Rountree: Second. De .Weerd: I have a motion and a second on Item 20 to approve. Any discussion? Hearing none, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Berg: And, Madam Mayor, just to clear my thought, by approving the staff comments on that motion, more or less accepted the withdrawal in a text change amendment; correct? The applicant wanted that, but now we have got to do that motion. Zaremba: I still would make a separate motion. I move that we accept the applicant's withdrawal of CPA 07-015. Rountree: Second. De Weerd: I have a motion and a second approving the withdrawal of Item 21. Can I do that by voice? Mr. Berg, just call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 22: Public Hearing: PP 07-014 Request for Preliminary Plat approval for 34 commercial /retail building lots and 1 common lot on 17.84 acres within the C-G zone for Emerson Park Commercial by Kuna Victory, LLC - 2910 & 3030 South Meridian Road and 110 East Victory Road: De Weerd: Item 22 is a Public Hearing on PP 07-014. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Emerson Park commercial project. It's located 2910 and 3030 South Meridian Road and 110 East Victory Road on the northeast corner of Meridian Road and Victory Road. The application before you tonight is a preliminary plat. The development includes 34 commercial retail building lots