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HomeMy WebLinkAboutJanuary 8, 2008 C/C MinutesMeridian City Council January 8, 2008 Page 23 of 81 De Weerd: Thank you. Council, I would also like to give my heart felt thanks to Mr. Grady over there. He has been our interim Public Works director and really turned things around. You know, our communication, in particular with fees and kind of tackling a looming concern that is -- that the city has in future infrastructure, Len really stepped forward and took a leadership roll in that and he's done some very amazing things in a short amount of time and those efforts are greatly appreciated, Len. I look forward to continuing to serve with you and work beside you on some of the challenges that are in front of the city regulatory and environmentally. So, thank you for your service as our interim director. And sense I did fail to remember something during my remarks after being sworn in, I would like to thank Peggy and Larry Gardner. You know, Peggy has been with me I think since day one of my elected activities and have appreciated her friendship, her advocacy, her dedication and that goes for Larry, too, because I know he kind of sits there and grumbles in the background and cheers and supports and all of that. The two of you have been very important in my life and I didn't want to move on without recognizing that. So, thank for being here today. Item 15: Public Hearing October 18, 2007: RZ 07-014 Request for a Rezone of 30.08 acres from R-8 to C-N (13.59 acres) and TN-C (16.49 acres) zones for Cavanaugh by Kastera Development, LLC -Southeast Corner of South Meridian Road and East Victory Road: Item 16: Public Hearing: PP 07-015 Request for Preliminary Plat for 518 lots consisting of 443 single-family residential building lots; 1 residential building lot consisting of 32 apartment units; 8 residential building lots consisting of 61 future condo units; 4 mixed use lots consisting of commercial retail on the 1St floor with 12 residential lofts on the 2"d floor; 9 commercial building lots, 1 school building lot, 1 civic/social hall lot, 46 common lots and 5 other lots on 177.43 acres in C-N, TN-C, TN-R and R- 8 zones for Cavanaugh by Kastera Development, LLC -Southeast Corner of South Meridian Road and East Victory Road: Item 17: Public Hearing: CUP 07-017 Request for a Conditional Use Permit approval to convert the existing Caven home into acivic/social hall in an R-8 zone for Cavanaugh by Kastera Development, LLC -Southeast Corner of South Meridian Road and East Victory Road: Item 18: Public Hearing: MI 07-011 Request for a Miscellaneous application to Modify the Development Agreement to address the new neighborhood center plan and conversion of the existing Caven home into acivic /social hall for Cavanaugh by Kastera Development, LLC -Southeast Corner of South Meridian Road and East Victory Road: Meridian City Council January 8, 2008 Page 24 of 81 De Weerd: Okay. Enough said. Item 15 is a Public Hearing on RZ 07-014. Item 16, Public Hearing on PP 07-015. And Item 17, Public Hearing on CUP 07-017. And Item 18, Public Hearing MI 07-011. I will open these four public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Cavanaugh project. It's located on the southeast corner of Meridian Road and Victory Road. The applications before you tonight are a rezone, preliminary plat, conditional use and DA modification. The rezone is for 30.08 acres from an R-8 zoning in the city to C-N and TN-C zoning districts. The portion proposed to be zoned C-N consists of 13.59 acres and the portion proposed to be zoned TN-C consists of 16.49 acres. That's the existing zoning as shown. There is the proposed rezone. The preliminary plat approval is for 517 lots-and that consists of 443 single family residential building lots, one multi-family residential building lot, one multi-family residential building lot that would conceptually support 32 apartment future units, eight residential building lots, consisting of 61 future conceptual condo units and, then, four mixed use lots for commercial retail on the first floor and, then, residential lots on the second floor. And nine commercial building lots, one school building lot, one civic social hall lot, 47 common lots, and three other parking lots, basically, on 177.43 acres. So, it's quite a mix of uses as you can tell. The Conditional Use Permit is approval to convert the existing Caven home into a civic social hall. They are requesting this, because it will be used by more than just the surrounding neighborhood and given the beauty of that home and the facility, it seems appropriate to use it as -- as more than just a neighborhood center. The DA modification is to address the new neighborhood center plan and conversion of the existing Caven home to civic or social hall. You may remember that this was previously approved as Tanana Valley, so it is annexed and it does have an entitlement currently on it. This is a revision to that previous entitlement. The gross residential density of the Cavanaugh project is 3.08 units per acre, with a net density of around 4.76 dwelling units per acre and that's the same as -- the same density as the Tanana Valley project originally approved. The lot sizes have decreased from Tanana Valley, but there are more pathways than originally proposed and also there is more open space and the commercial portion is opened up to the residential development more. The previous plat depicted two access points to Victory Road and one access point to Meridian Road. The new plat depicts three access points to Victory Road and one to Meridian Road. And the one at Meridian Road is at the half mile. It's Rumple Lane, which is right at the half mile mark. So, it meets our -- the qualifications for an access without the need for a variance. Did want to point out that the multi-family units proposed within. this development do not require future CUP approval, because they are on the TN-C zone. So, the Council should review the conceptual elevations when I get to that portion and if you require additional conditions of approval, please, let us know and we will add those. Okay. I will go through those elevations now. These are -- I will explain these images as we go through. This is images from the Caven home, which they are requesting to be the civic or social hall. And they are using the architectural inspirations for Cavanaugh in the street names as well. It's a very kind of Frank Lloyd Wright-esque building and some of Meridian City Council January 8, 2008 Page 25 of 81 the. street names have carried over. These are the commercial properties. You may recognize some of these photos. They are local. They are from Bound Crossing over on southeast Boise, a successful neighborhood development. And some of them are from another project that the applicant is familiar with. And, then, these are some of the residential images. Okay. Here is the multi-family. This is where we were trying to go. So, these are the apartment units. The concept for those. And I'm sure the applicant is going to go through these in more detail, but I'll introduce them. This is the site plan for the civic social hall. They are using the facility currently as a sales office, with a temporary use approval for that. And some of these improvements have been made as far as a parking lot. The Commission recommended approval at their November 15th, 2007, Public Hearing and- they did forward recommendations for approval on all four requests. The rezone, the CUP, the preliminary plat, and the DA modification. Wayne Forrey of Kastera Development, Ben Haught also of Kastera spoke in favor. No one spoke in opposition and no one commented or provided written testimony. Key issues of discussion were the proposed access points to and from Victory Road, the allowance of alternative compliance for the berm requirement along Meridian Road adjacent to the residential portion of the development. Requirement of a sidewalk to be constructed by the applicant along Victory Road across the grange hall property, which is that outparcel shown by the school there. The rolled curbs versus vertical curbs within the development. The key Commission changes to staffs initial recommendation were to modify condition to allow the applicant to work with staff to provide alternative compliance for the berm slash wall requirement along State Highway 69 adjacent to residential portion of the development. And to modify the condition to not require sidewalk across the grange hall property, but to recommend that the applicant work with the grange and the developer to the east to possibly install a sidewalk across the grange property. To modify a condition to recommend that ACHD review the possibility of using the vertical curb in lieu of rolled curb. And, then, pertaining to condition number 7.1..19, require the owner of Lot 24, Block 15, to construct a public street in alignment with Mesa Way on the north side of Victory Road. The outstanding issue before City Council -- there is an inconsistency in the staff report between the analysis section and the conditions of approval. In the analysis section staff is not supportive of this driveway. It's a private right-in access point to Victory Road between Standing Timber Way and South Enter Way. However, staff did not include a condition of approval to reflect that in Exhibit B. And, then, ACHD reviewed the access point and included a condition that reads: Construct one right-in only driveway located approximately 1,250 feet east of Meridian Road. I contacted ACHD staff, just because I was a little confused about where ACHD was standing on access points relative to the south Meridian plan versus some of the development applications that were coming in. We were getting a little bit of an inconsistency in the implementation of the south Meridian plan. My staff has been working with ACHD staff and I think we are moving toward a consistent implementation of that. But for the time being we had an inconsistency with regard to this property. ACRD has said that they will support whatever the city wants with regard to the third access point. Three access points in that short distance does seem a bit much to staff, given some of the other direction that we see ACHD going on some of the Meridian City Council January 8, 2008 Page 26 of 81 arterial roadways and restricting some of those access points. So, that remains as an outstanding issue for City Council. But that, to our knowledge, is, really, the only one with regard to this property at this time. There has been no additional written testimony since the staff report, although we have quite a few items. We have an architectural vision and guidelines book that's been provided tonight. So, a lot of those pickup components that were in the previous presentations and the previous staff report, they are just compiled in a guidebook for guidelines for you tonight. With that I'll answer any questions you may have. De Weerd: Thank you, Anna. Council, any questions for staff at this time? Bird: Not at this time. Rountree: Not right now. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just one. I'm looking at the first access along Victory Road. We have had a project across the street presented to us, has there been any comparison of how their entry aligns with -- Canning: I believe they line up. And I'm getting a nod from -- Zaremba: Aligns center line to center line. Canning: Yes. Zaremba: Thank you. De Weerd: Okay. I would ask the applicant's representative to, please, come forward. Canning: Madam Mayor, it's going to take me awhile to get their presentation up and running. Just a moment. De Weerd: Okay. Well, I'll just remind him I'm glad to hear that your civic center would be for public use, too. Since our new parks director is here tonight, I'm sure he will talk about partnership. Forrey: I'll slip in my business card right now. De Weerd: Thank you for the information packet you gave us. Meridian City Council January 8, 2008 Page 27 of 81 Forrey: Yes. For the record, my name is Wayne Forrey with Kastera Development. Our Boise office address is 15711 Highway 55 in Boise. Our Meridian office address is 465 East Victory Road in Meridian. De Weerd: And since, Wayne, we know you, you are on a timed basis, so -- Forrey: Okay. Is the Powerpoint ready? De Weerd: You know, sometimes when we know them it's kind of a disadvantage. Forrey: Well, I knew that you knew me, so I'm going to follow comments here and keep it within ten minutes. De Weerd: You would be our hero. Forrey: Well, good evening, Mayor and Council members. We are often asked who is Kastera Development. We are locally owned and we are part of the DBSI group of companies, which is headquartered here in Meridian, and we currently develop 14 projects throughout the Treasure Valley and because of our affiliation with DBSI, we have national marketing exposure, which brings us buyers and also tenants from throughout the nation to come into our developments. And over one-third of our employees live in Meridian. Immediately after we purchased this property we felt it was important to talk to your staff and departments about this project and we also hired an economist to give us input and, then, after considering all of that input, we decided to implement an enhanced redevelopment approach to this property. And because we are surrounded by existing development, we approached as master planning from the perspective of in-fill and we decided to take a totally new redevelopment approach. First of all, we decided to proceed with an economic analysis and make contacts with tenants, nationwide business contacts that we have that want to come to Meridian, and, then, we developed a new master plan. Regarding point three, the prior owner of this property was planning to demolish the Jerry Caven home up on the hill site there and we met with your staff and started thinking about how do we restore and readapt and reuse this property and credit to your staff, after that meeting we felt there was a mechanism here, through a Conditional Use Permit, for adaptive reuse of that amazing home. And regarding point number five, Kastera has donated easements to the City of Meridian to move your sewer project forward and that allows us to start construction just a few months from now in spring of '08. So, in a nutshell, here is our enhanced preliminary plat for Cavanaugh and one of the features that we are really proud of is this true village center in this location right here. We kept the housing density the same at 548 units, but we increased open space and we added this true workable village center. We have achieved a mix of housing, including lofts and workforce housing, apartments, attached condominiums, mixed neighborhood retail and employment. It's a walkable project. It includes four parks, an outstanding social hall, two swimming pools, and all with over 15 percent open space. And we are asking you tonight to approve our Meridian Ciry Council January 8, 2008 Page 28 of 81 enhanced preliminary plat. Working with your staff we were able to find a way to preserve this beautiful home. And this is not enhanced, that's actual an photograph, if you have been up to the Caven home. We invited staff up to the home and we are going to have a public open house very soon. And we want to turn this into an outstanding community center. And here, of course, is the site plan showing the parking improvements we will make to give it good access. We have also applied for a zone change to allow a viable and workable neighborhood center to intertwine that into the rest of the community. We oriented the design to be pedestrian friendly with water features, public plazas, two public transit stops and integrated housing with services, offices, and employment. And the inspiration for this design comes from a project in another market that we are familiar with by the name of Redstone. It's a very successful project. Now, the name of our neighborhood village is the Boardwalk at Cavanaugh and you notice the angular orientation of our main street or Boardwalk right through here. That design just pulls your eye into the center and it makes you want to get out of your car and walk about and explore the shops, the eateries, the services, and the markets in that village center. So, here is a rendering from the intersection of Meridian and Victory Road, if you're at that intersection looking into the village center. And here is a photo looking right down the Boardwalk main street to the left of the clock tower and if you could go back and we even are including a sky bridge to connect the upper stories, because your ordinance in the traditional neighborhood commercial requires two story and above construction. And, then, here is the photo to the right of the clock tower looking into the commercial, the loft condominiums, and, then, the attached condominiums over here. We talked a little bit -- Anna did about our design booklet that you have. Here is a picture of the cover. It has 21 design elements described in that book and those elements are right here summarized on this board with the material and it lists 21 major design components that will be embodied into this development. So, let's look at some specific applications of these design principles and here is a -- we are going to look at the back of loft buildings and most people won't show you the back of a building, but we are committed for four sided architecture. So, here you see an application of these 21 design elements. If you look here you will see the number 14. This means that the architect had to have some massive structural components. Number three right in here says a variety of texture in massive planes. And, then, number 20 right here calls out smooth stucco finish. And so this gives builders and architects that come into Cavanaugh 21 design principles that they have to choose from, which gives us an overall theme and to insure quality. Now, let's look at the front of the apartments, which are right here. And you can see, again, the common theme and if you look at number 15, it calls out stone. And so here you have all of these 21 elements coming together to show how we get a uniformity. Now, let's look at the condo units and a front view. These are the condominium units here. Again, you see how these 21 design elements blend and make a beautiful but unified architecture. We are asking you tonight to approve our zone change application, because it will give the city and Kastera an opportunity to demonstrate a true and viable village neighborhood center in accordance with your Comprehensive Plan. Plus, we achieve mixed housing. We achieve work force units. We achieve transit stops. A local neighborhood market, Meridian City Council January 8, 2008 Page 29 of 81 service, increased employment, and tax revenue for the city. Okay. What we are showing you tonight is the type of building materials that Craig Kulchak has here and this is also in the design booklet -- that we are committing to. These are the materials and principles we are committing to. We are also committing to design excellence and stylish architecture, like you see in the renderings here tonight. But I think most importantly, we accept each one of the approval conditions that's identified in the staff report and we request that those conditions remain as written. We are very pleased with the staff report and we accept each of those conditions. Now, your staff report does allow aright-in only driveway at this location. But the staff has asked the City Council to consider eliminating this driveway. But we absolutely must have this critical entrance point into this neighborhood center. All of the people who specialize in traffic flow have told us that we need this right-in lane. We meet all of the design codes for this project. ACHD Commissioners, an independent traffic engineer, our economist, and probably most importantly our tenants have told us we absolutely have to have this right-in to make this work. And when we met with ACHD, we actually were hoping to get aright-in, right-out, like a full approach, and we did some traffic studies and they said if you make that right-in only, it will reduce congestion. And so we agreed to do that. So, we can live with aright-in only, because we do want to reduce congestion on Victory Road. And if you have any questions on this I'd be happy to answer it during our question and answer period. Okay. Now to wrap up. But also to express appreciation. One more thing we would ask of the Council tonight is to thank your staff for enabling change to take and look at property in terms of redevelopment and we hear a lot about the word change, especially in New Hampshire -- probably right about now, probably. But it's a reality here in Meridian and the other thing, we want to thank the City Council for elevating the image of Meridian. If you will look at the next slide, we were on an airplane on United Airlines, opened up the magazine, and here is a two page advertisement sponsored I think in part by the City of Meridian, your Meridian Chamber of Commerce, talking about built for business and designed for living and we hope a year or two from now that you will come to us and want to use Cavanaugh as one of the partners in any of your marketing efforts nationwide, because we are going to make a neighborhood we can all be proud of. And, lastly, thank you. We won't let you down. We would be happy to answer any questions. De Weerd: Thank you, Wayne. Forrey: And the green light is still on. Berg: You did it in ten minutes. De Weerd: I'm shocked. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Council January 8, 2008 Page 30 of 81 Bird: Let's go back to that right-in, right-out. I don't -- what are we going to put there in the center to keep somebody from trying and coming west trying to cross across there, Wayne? Forrey: There is a -- Bird: Are we going to have a barrier or something out in the center of the road or -- Forrey: It will be -- Bird: We could cause some real trouble by -- Forrey: Yes. It will be designed -- excuse me, Madam Mayor, Councilman Bird. It will be designed such that you just physically can't make a right turn here -- Bird: Okay. Forrey: -- or a left turn. It's narrow and it's one way in only. It will be signed and designed that way. Zaremba: Madam Mayor? De Weerd: You can't legislate stupidity, so someone will try it. Bird: Somebody will try it, but -- De Weerd: Mr. Zaremba. Zaremba: On that same subject in the same place, one of the reasons that we resist accesses is as a person slows down to make the turn -- Forrey: Yes. Zaremba: -- or in this case there are no -- going to be no out coming right or left turns, but even the right-in would be somebody slowing down in the traffic lane and I can understand the need to have that there and I'm glad that you're not proposing either a full access or even aright-in, right-out. But I wonder whether it would be possible within your scheme to do something similar to what you have done over here, which is to give a little bit of a deceleration lane -- Forrey: Yes. Meridian City Council January 8, 2008 Page 31 of 81 Zaremba: -- and maybe, then, even continue the barrier from the other side a little bit -- I'm .not trying to reengineer the entryway, but I'm just saying could we -- is something like that possible or do you -- does that question even make sense? Forrey: No. Madam Mayor and Councilman Zaremba, absolutely, and I was so nervous about the ten minutes that I didn't go into detail. Zaremba: Okay. Forrey: But there is a deceleration lane right here in our negotiations with ACHD and that's one of the conditions they placed upon us from the design standpoint. So, we are totally -- Zaremba: But it's not reflected in this drawing, but -- Forrey: That is correct. Yes. That's correct. So, we will have a deceleration capability here to reduce that congestion. Zaremba: Okay. De Weerd: Thank you. Any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Anna, can you put up the entire site design? Or at least one that shows the school site. There was an earlier question that jumped out before with regards to this little pocket right there and it might seem insignificant to the whole part, but it appeared to be a school site and now you have got a little corner jut behind a home that's hidden from everybody on a school site and there was discussion at one point about whether or not that lot would, then, just go straight up and -- Forrey: Madam Mayor, Councilman Borton, the -- one of the items we are looking at with the Public Works Department and the school is to put a well site right in this area. So, the school itself is back in this portion and we are probably going to have a -- a well lot or well site back there. And it's just a -- it was just the shape of the property right here and we -- I guess we could make that lot larger, but we intend to use that for a public utility function right back there. A pump house. Borton: Madam Mayor? That would prevent public access back into that little nook? Forrey: Yes. Meridian City Council January 8, 2008 Page 32 of 81 Borton: Okay. Forrey: Yes. That would all be fenced off and secured. Borton: Okay. De Weerd: Doesn't that concern Public Works? I mean tucking that back there still will have that same pocket, the visibility to that area and I can't say that our well -- our well facilities are not immune from vandalism. So, I guess just the lack of being able to see into that area would just be a design concern on creating an unsafe situation. Forrey: Madam Mayor, we wouldn't object to an additional condition that we say coordinate the design of the well lot with Kastera and the school district and the police department, to make sure there is nothing in the design that would induce vandalism or crime or any safety concerns and we could maybe just rework that area at a staff level. A department head level. De Weerd: Len. Grady: Madam Mayor, Members of the Council, we would be willing to work with them to come up with some scenario. I don't think we have gotten so far as to, you know, final design or anything, but the general location works. You know, do we take access off Victory? Do we come in the other way. I think those details we haven't worked out, but you raise a good point and we will just make sure that it is secure. De Weerd: Okay. Thank you. Any comments, Captain Lavey? Lavey: Madam Mayor, Council, I know our staff has worked with this developer quite a bit on the overall project and that would just be one more area that we would take a look at to insure crime prevention through the design of the project. De Weerd: I'm sorry, Chief Lavey, you do look really nice tonight. You clean up very nicely. Lavey: Thank you. De Weerd: Any other questions? Rountree: Madam Mayor? De Weerd: Yes. Rountree: Anna, there is another one of these renderings for the entire area that has a label on it that I want clarified. If you could find it forme. Meridian City Council January 8, 2008 Page 33 of 81 Canning: Sir, was it on my presentation or the applicant's? Rountree: Well, it might have been on your presentation. It had an explanation there: To be determined by the market. Bird: Oh, yeah. That was the -- Canning: Their phasing plan. Bird: That was amazing. While she's getting that, Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Wayne, on Rumple Drive, is that part of your property or is that going to -- is that going to be a -- stay a private road or -- Forrey: Madam Mayor, Councilman Bird, a portion of Rumple Lane is our property and we are converting that to a public road. So, Rumple Lane will go away and the name of the street on the other side of the highway -- I can't think of it -- it will have that new street name that lines up with -- Bird: That lines right across the -- Forrey: Yes. Bird: That goes into that subdivision, there. Forrey: Harris Street. Bird: Yeah. Forrey: Thank you. Rountree: My question for Wayne or Anna, either one, is that the comment up in the corner -- phase whatever to be determined by market demand. Does that mean the phase number is or given your architecture and what you're trying to accomplish, at some point in time when Walgreens wants to locate in there, I'm assuming that from what you presented that's not what I envision to be there. So, what does that mean? Forrey: Madam Mayor, Councilman Rountree, the -- in the application materials the city puts forward, they ask for a phasing plan. You can see all of our phases here, four, five, six, seven, eight -- and we have this nineth area that could be phase two or seven or eight or nine. We have had some interest by so many people that want to move Meridian Ciry Council January 8, 2008 Page 34 of 81 forward, it could be phase two. Our phase one is already final platted, which you approved this passed summer and we will probably start construction in several months. This could be phase two or as the market matures here a little farther, we could identify exactly what phase, but today it's a little bit unknown whether it would be two or number nine. Rountree: So, in response to my question, the label there is an indicator as to what phase it might be, not what will be there. Forrey: That's correct. Rountree: Okay. Thank you. De Weerd: Okay. Council, any further questions? Mr. Zaremba? Zaremba: Madam Mayor, yes, I do have another. While Mr. Forrey is here -- it's actually for Director Canning. And the question would be -- we have had discussion in other places about our requirements for developments along entryway corridors, which part of this that fronts Meridian Road is -- and one of the requirements is to bring buildings forward. So, I'm -- while I like, the design and it's a very high quality, how are we having a parking lot on the corner? Canning: Madam Mayor, Members of the Council, the requirement is that you can have no more than 70 percent of a parking lot -- parking -- I think it's 70 percent in front of the building. We may have been looking at it as the -- the development as a whole, because there are buildings out in the front that -- on some of them we may balance it out for the project as a whole. I can quickly look at a staff report and find that analysis, if you can just give me a minute. Zaremba: I scanned through it and didn't see that. Canning: You didn't see anything? Zaremba: Could be I missed it, but -- Canning: There is probably a general condition that's -- the issue would be if it's from Eagle Road -- or from Meridian Road -- I always make that mistake. If it's from Meridian Road, then, the parking is not in front of Meridian Road, it's on the side of the building, if you look at it that way. Zaremba: Okay. Canning: Victory is not an entryway corridor. Meridian City Council January 8, 2008 Page 35 of 81 Zaremba: Yeah. I know that. All right. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Wayne, you talked about the Cavanaugh house would become a community center. Forrey: Yes. Rountree: How is that going to work in terms of ownership, along-term maintenance use, scheduling -- it seems to me, at least my assumption is right now -- I have heard no other explanation -- is that that would be a community property of this subdivision. That seems like a pretty significant pill for those folks to assume. Forrey: Madam Mayor, Councilman Rountree, when we met with your staff months and months ago about how do we use this great architectural gem, Anna was the one that pulled out the zoning ordinance and said, you know, I think a civic social hall can work. The criteria in that part of our code allows it to be for neighborhood use, it allows it to be for community use and even regional use if it's managed in a way that is integrated into the subdivision. And so our approach has been to have acontract -- Kastera Development would own and manage and .maintain that facility and the homeowners association would have, by contract, certain days of use and privileges, but to not burden all of the homeowners with the O&M cost, there will be some outside functions, like a wedding or the Mayor's prayer breakfast or a community function that would pay a fee to use that facility and that would offset the ongoing operation and maintenance. Rountree: Okay. Thank you. De Weerd: Okay. Any further questions? Zaremba: Madam Mayor, one more. During the discussion about -- I think it's called on off-site sidewalk, during the presentation it was discussed having it across the grange, which would be there. Forrey: Yes. Zaremba: But the director highlighted this area while she was talking. Is there going to be a sidewalk access to the school across that parcel? Forrey: Yes. Madam Mayor, Councilman Zaremba, we are constructing full sidewalk here and our feeling is that we need to talk to the Grange and this developer here and get athree-way partnership with this developer, the grange, and Kastera, to put Meridian City Council January 8, 2008 Page 36 of 81 sidewalk across there. And that's the way it is prepared in the staff conditions. But to answer your question, this will be completed at Kastera expense across that property. Zaremba: Thank you. Canning: Madam Mayor, Members of the Council, sorry for that error. Mr. Silva -- Fire Marshal Silva wanted to comment on the Caven home. Silva: Mayor, Members of the Council, just as a point of clarification -- and we called this out in the staff report -- that any -- any requirements for the fire code in terms of exiting or extinguishing systems that may apply, you know, given the actual physical layout of the Caven home as it is converted to change in use to a new building, if you will, and so those provisions would apply. So, that may be, you know, a consideration. We just want the developer to have a firm understanding of the requirements of the fire code, the building code, going forward as that may -- as it may affect that home. That would be number one. And number two is as we have moved and looked at phase one, phase two, phase three, anytime we have more than 50 homes served from any one point of access, temporary access roads may be required. When we reviewed this it had multiple access points, good access to the entire project, but phasing may affect that, so I just wanted to make that point clear to Council -- Mayor and Council. De Weerd: Thank you, Joe. Okay. Thank you. Forrey: Thank you, Mayor and Council. De Weerd: This is a Public Hearing. Is there anyone who would like to provide testimony on this application? If you will, please, state your name and address for the record. Haught: My name is Ben Haught. I live at 4040 West Perkins Street, Meridian. De Weerd: Thank you. Haught: I, actually, live just a couple miles down on Victory from the site. I am -- I feel privileged to be part of Kastera and to redesign this site from the regional plan to something that I'm very proud of and excited for in my neighborhood. I'd like to emphasize the need for that right-in, so we can get good tenants, tenants to be excited about that can really make this a neat neighborhood friendly design, some place where me and my wife and my children can come and relax and enjoy the setting. And I'm also very proud of our efforts to preserve the Caven home and -- and to really boast some of the great architectural features of that home and carry that throughout the community. De Weerd: Thank you. Meridian City Council January 8, 2008 Page 37 of 81 Haught: Thank you. De Weerd: Yes, sir. Kulchak: My name is Craig Kulchak. I live at 315 Clear Creek Drive in Meridian. I have the privilege almost on a daily basis to have the Caven house as my office. The views up there are spectacular. It's a great project, it's something that Meridian doesn't have right now. It's a great mixed use, open spaces, and I concur with Ben, we do need that right-in access point to make it a viable piece. We need that capture rate to make those residential -- those commercial areas to be viable. I want to also thank staff, Anna, Sonya, they have been really great to work with. They have listened to every complaint that I have had and have been more than cooperative and -- yeah, yeah, yeah, yeah. I'm bugging them on a daily basis most of the time, so I really appreciate the efforts they have put forward. De Weerd: Thank you. Okay. Any further testimony? Yes. Mussell: Hello, Madam Mayor. My name is Tim Mussell. I live at 3800 South Meridian Road. I'm in approval of the project and these guys have been good to work with so far. I'm just trying to make sure one thing is clarified in the future. Nary: Mr. Mussell, could you pull the mike a little closer to you. Mussell: Anyway, when I originally purchased my property, which is right there, that little acreage, I had worked with Jerry Caven and other -- others that were involved, Jim Chambers, it was his states realty manager. In the process, they said that they would work with me on a view corridor, just to make sure I had some ability to not be blocked out and they would work with the next owners and when Mr. Goldsmith and his group bought it, I had a chance to meet with them and they -- on the original plat had an open space in front of me. Since, then, that's evolved and there is lots there. I think Craig and I have worked together and I have visited with these guys about -- I'm okay with that lot, except for lot number 37. They have a 35 foot height in their -- in their CC&Rs or whatever and we are agreeing to that, but to try to reduce that, I wanted to keep it about 20 foot and a single story for one reason, I won't be able to see Bogus anymore and other than that I want to make sure it's part of the record. But if they would respect me on that, I would appreciate it. Thank you. De Weerd: You always have the option to purchase. Any further testimony? Okay. Wayne, would you like to conclude? Forrey: Thank you, Madam Mayor and Council. Just to assure our neighbor Tim Mussell, he mentioned Lot 37 I wrote down and wanted to limit the construction to single height and we would be fine with that. I can understand. That is a beautiful hill and Meridian City Council January 8, 2008 Page 38 of 81 there is beautiful views. So, someone will build a nice single level home right there and we would be willing to do that to help him. De Weerd: And we can put that in our GAS notation, so if anyone comes in for a building permit on that, we have it adequately footnoted, flagged, and everything; right? That was yes, right, Len? And you will note that on the plat. I know you hate to limit -- or to ,have notes on the plat, but when we do this, especially for one lot, we want to make sure that that is easy to track. Grady: Madam Mayor, Members of the Council, if they want to put that on the plat we will certainly try to push that through. The county engineer may kick it out, but we are fine with that. De Weerd: Okay. Thank you for that concession. Forrey: That concludes our remarks. Thank you. De Weerd: Thank you. Council, do you need any further information? Bird: I don't, Madam Mayor. Rountree: No. De Weerd: Okay. Well, then, I would entertain a motion. Bird: Madam Mayor? De Weerd: Yes. Bird: I'd move that we close the public hearings on RZ 07-014, PP 07-015, CUP 07- 017, and MI 07-011. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 15 through 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion? If there is no discussion, I'd entertain a motion. Canning: Madam Mayor? De Weerd: Yes, Anna. Meridian City Council January 8, 2008 Page 39 of 81 Canning: Can lask -- just because it's been awhile since my presentation, but there is that one inconsistency in the staff report and if Council could just -- regarding the right- in, right-out only, if Council could just clarify it one way or the other, I'd appreciate it. De Weerd: You mean a motion with staff comments will not be enough? Bird: Madam Mayor? Anna, you want -- that would be on the PP, wouldn't it? The preliminary plat? Canning: Yes. Bird: It wouldn't be on the rezone. Canning: Yes. Bird: Okay. Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve RZ 07-014, request for rezone of 30.08 acres for Cavanaugh by Kastera Development and to include all staff, applicant, and public testimony. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 15. Is there any discussion? Seeing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Gorton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 16. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 07-015, the preliminary plat for 518 lots for Cavanaugh by Kastera Development and to include on the second entry from the east off of Meridian Road on Victory to be right-in only and to have a slow down lane, turn-in lane -- deceleration lane and, then, to also include all staff, applicant, and public testimony. And Lot 37 will be noted on the plat as only being able to be a single story.