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HomeMy WebLinkAboutDecember 18, 2007 C/C MinutesMeridian City Council December 18, 2007 Page 42 of 87 De Weerd: Okay. Anything further from Council? Okay. Mr. Beg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Council, I'll call a ten minute recess. (Recess.) Item 9: Public Hearing: CPA 07-012 Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation from Low Density Residential to Commercial for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC -NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): Item 10: Public Hearing: RZ 07-013 Request for a Rezone of 1.76 acres from L-O to C-N zone for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC -NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): De Weerd: Okay. I'll go ahead and continue the meeting tonight. Our next public hearings are Items 9 and 10 on CPA 07-012 and RZ 07-013. I will open these two public hearings with staff comments. Hood: Thank you, Madam Mayor and Members of the Council. The subject 1.76 acre site is located on the north side of Victory Road just west of Meridian Road. The property is currently zoned L-O and designated for low density residential on the future land use map, which you can see on this map, which is our Comp Plan currently. This property, as well as the surrounding properties are all designated low density residential and that is, as you mentioned earlier, one of the applications the applicant is seeking to change their designation. Here is the zoning map for the subject site. The site is currently zoned L-O, as I mentioned, as well as the frontage lots along Meridian Road there in the Strada Bellissima project and those lots are developing out with office, professional office space. I believe they are a little more than half built right now. There is -- they continue to pull building permits through the city. The other adjacent land uses are primarily single family homes in Strada Bellissima in various phases. Phase one is to the north. To the south there are some vacant properties and some properties that have homes in the county. You see the white properties, they are still Ada county and have not been annexed into the city. To the east across Meridian Road is Double D and the Emerson Park project, which those findings were on earlier tonight. Again, the applications are a Comprehensive Plan map amendment to change the future land use Meridian City Council December 18, 2007 Page 43 of 87 designation from low density residential to commercial and a concurrent rezone request from L-O to C-N, which is our neighborhood business district. The applicant is requesting the rezone to allow retail and restaurant uses on this site. Just a little bit of history on this site and how we got to where are we now. In 2004 the City Council granted approval for the annexation and zoning of approximately 44 acres to R-4 and L- O. There is a preliminary plat associated with that in 2004, as well for 90 residential lots and 14 office lots and a Conditional Use Permit for a mixed use planned development. In 2006 the City Council approved the annexation and zoning of .43 acres L-O for an out-parcel, which is a portion of the subject site. You can kind of see on this map -- and let's if I can hold this pointer straight enough -- this .43 acres was an out-parcel that was never part of the original Strada Bellissima project that was annexed, again, a couple of years later. The ofFice uses that were approved along here were part of the 20 percent use exception that the city used to use to allow land uses that weren't consistent with the Comprehensive Plan. Similar to the Selway project. So, the city does not do that anymore, but that's how those offices got there, when, in fact, it's shown for low density on our land use map. The access into the site will be provided from a local street, Galvani Drive. No access is permitted onto Victory Road and none is proposed. All internal streets and access points are already constructed .for the subject property. On November 1st the Planning and Zoning Commission voted to recommend approval of the subject applications. The applicant testified in favor of. We did not have any opposition in testimony or written testimony at that hearing and the key issues of discussion were the potential for adrive-thru establishment to go into the site and, then, impact that that could have on the surrounding neighborhood. We did note to the Commission at that time and I'll note to the Council as well, that with the requested zoning adrive-thru could not be a principally permitted use in the requested zone. If they were to want to put adrive-thru in, that would need to go through the Conditional Use Permit process and would require another hearing. I don't think they would probably do that, because they have heard negatives since day one about putting a driveway -- or drive-thru restaurant even adrive-thru business on this site. But just so you're aware, that would require another Public Hearing should they go that direction. There were no key changes to staff recommendation at the Commission hearing and I have not received any additional written testimony since that hearing. However, Bill Parsons, who was the assigned planner on this project, has had a couple people call him on the phone and I believe one came into the office and inquired about this project. So, I believe that they are mainly concerned about the potential for the commercial uses and increased traffic in the neighborhood. With that I will stand for any questions that you may have. The staff and the Commission are recommending approval. De Weerd: Thank you, Caleb. Any questions at this point, Council? Bird: I don't, Mayor. De Weerd: Okay. Is the applicant here? Meridian City Council December 18, 2007 Page 44 of 87 Crawford: Madam Mayor, Council. My name is Michael Crawford with Pinnacle Engineers, 12552 West Executive Drive. We have read through the report, staff report, and understand and agree with it. We do not have any current applications in, it's merely we are looking at some marketing possibilities, so we are -- is why we are looking for the zoning change to have some different uses available for that. Yes, we do very well understand the drive-thru question and that probably won't be a problem at all. Again, there is no specific request that we have at this point in time. We don't have a specific customer for it, just looking at different marketing possibilities with it. I'd stand for questions. De Weerd: Okay. Thank you. Council, any questions? Bird: I have none. Rountree: I have none at this point. De Weerd: Okay. Thank you. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Gardner: My name is Nathan Gardner. I live at 3041 South Alfani Way in Strada Bellissima Subdivision. And, again, I just would like to point out that most of the lots -- well, (shouldn't say -- a significant number of the lots are not built at this time and so I'm certain that if there were lots there in there, there would be a lot more against this than have signed up. I think there is a significant portion of actual residents that have signed against this proposal. We moved to our home a little less than a year ago on South Alfani Way and it's a significant investment for us. We got a lot of money tied up into our home. We -- it's a lot bigger than our previous home and before we chose to move there we -- my wife called Planning and Zoning to see what -- what uses could -- were available -- or could be put into this area. And we would not have bought our home if it would have been changed. The land use designation would have been changed from low density residential to commercial and the zoning would have been C-N. So, I heard the applicant say that there -- this is going to help them marketingwise and I can understand that, but their gain is my loss, because I think that's going to hurt my property value and my home, which is a significant investment for me. So, that's one of the reasons why I'm against it. And I will try to be brief as well, but the most important reason and the reason near and dear to my heart, I guess, why I'm against this proposal, is I do believe it will increase traffic, there is -- just on our end of the street there is probably 20 kids. They are good friends. They are out playing in the yards all the time and I think this is going to increase traffic not only during the day, but in the evening hours, as well as noise. And that's -- safety is a big issue for me and my family. And, oh, my wife also wrote her comments. She couldn't come tonight,so I'll give those to -- De Weerd: Thank you. Yes. Meridian City Council December 18, 2007 Page 45 of 87 Gunsweiller: Madam Mayor and City Councilmen. One of the biggest -- De Weerd: If you will, please, state your name and address for the record. Gunsweiller: Kelly Gunsweiller, 2989 South Alfani Way in Meridian. 83642. De Weerd: Thank you. Gunsweiller: Thank you for hearing me tonight. The biggest issue with this is really the point of access. I mean, one, we definitely do not want retail in the neighborhood at all. But the point of access is -- I don't know -- there are just lots of issues and I think the planning -- and I don't know how -- how this has happened, but there is a church here that has no point of access but strictly through this road right here. What is it? Maestra. So, we now have all church traffic coming up into our neighborhood and -- I'm shaking. sorry. But there is no -- so, there is discussion that people getting out of church will not be able to make aright-hand turn or a left-hand turn at Meridian. So, now the church is forcing all of the traffic straight down Alfani Way out here to turn at the light at Victory and Meridian. So, there is a ton of increased traffic already here, which was not planned. There is no point of access for the church. I don't know what -- there is another subdivision going in here. I don't know the point of access, but now all these people are now going to have to come in through our subdivision to get to this retail. So, Alfani Way has now turned into another main street between the two points on either side and it's just -- it's just getting crazy and the children and everything on the street and it's just insanity Sunday. Let along with soccer practice, they are saying having it at the church and it just -- there needs to be some access points or something. The retail, the drive- thu, all that is -- it's just -- it's inappropriate for the number of homes. De Weerd: Thank you. Gunsweiller: Thank you. James: Kathy James. 2825 South Garibaldi. Basically I want to say that I agree with both the two previous testimonies that were given. Right now if you allow this change -- the reason the developer has said that he wants to make this change is to give him more opportunities for -- I assume leasing. But if you make a zoning change, the zoning is there in perpetuity, whereas the real estate market, by and large, because I used to be in it, is cyclical. It will come back. He may have to wait, but that is something that he, as a developer, should know ahead of time. In addition, my husband and I feel the same way as the Gardners, that we would not have bought in this subdivision had we known that something commercial was going in. We did know about the office designation. That was perfectly fine. The developer, I think, is in a sense trying to do a bait and switch, because right now the homeowners association, to the best of my knowledge, has -- is not in full operation. I believe the developer is still the declarant. And the Meridian City Council December 18, 2007 Page 46 of 87 notification that was given to the people in the subdivision was only the official 300 feet around and, yes, because we aren't a completed subdivision, a lot of the lots are still undeveloped -- I mean unbuilt on and, yes, that has impacted the number of people who knew that this was moving forward to voice their objections. Lastly, the traffic is a huge impact. In addition to the church, which is being funneled into -- down Alfani to Victory, we right now have them not only parking in the church parking lot, but they are already parking in the office area just off of Maestra on the north side and the -- now that the development Shepherd Creek has gone forward, we are finding -- we live on Garibaldi, we are finding that people from Bear Creek are using Garibaldi now to come up to get to Victory or to get to Meridian Road, both Garibaldi and also through Orso. So, we are to the point where the traffic is really -- everything is being funneled through our little subdivision, so my -- what I wish is that this can be completely denied and left as it originally. was proposed. Thank you. De Weerd: Thank you. Bingham: Julie Bingham. 3007 South Alfani Way. I, too, live on Alfani. We are the third house in from this proposed change. I have five small children of my own. I'm very concerned and I think that the developer would be wise to not. He's heard testimony now from everybody saying that if they would known that it was .commercial, that they would not have bought in here. I think you're going to have a really hard time to sell the rest of the lots that are not sold yet. They are trying to sell them, but to change that to commercial would really be a detriment, I think, because nobody would buy in there with children, which I think that with the park -- there is a park in our neighborhood. Families were looking for something to become a tight close community and have their children come out and play and with the increased traffic I think that that will be a real detriment to our neighborhood and to our children and like was said, there are about 22 children within about nine houses and that's not including around the corner where there are more. So, I would like to make my statement to oppose changing that zoning. Thank you. De Weerd: Thank you. Steves: Madam Mayor -- oh, I'm Kelly Steves at 3058 South Alfani Way. Madam Mayor and City Council members, I live within that 300 foot supposed area where we should have been notified. This -- if it wasn't for Shannon Gardner's letter, I would still know nothing about this. I haven't received anything from the City of Meridian on this. Maybe I fell through the loophole, like a project did earlier tonight on -- on an end. I don't know -- don't know the proper procedure for this, but does Ada -- do you guys know what the traffic count is for Ada county to access an approach -- a couple approaches for the church? Because what I have heard from the church was they wanted four accesses off their parking lot onto Meridian Road and Ada county denied that. Is this the time to ask that question or not? Meridian City Council December 18, 2007 Page 47 of 87 Rountree: It's not Ada county's road. De Weerd: Yeah. It's ITD. Steves: It's ITD's? De Weerd: Uh-huh. Steves: Okay. De Weerd: And, yes, they -- Steves: So, that's the -- I guess that's the history that I have gotten from the church. So, the church opens up. There was a guy standing on the corner of Maestra directing traffic right up South Alfani, right up through the houses, close accidents, and it was just kind of a circus. But just solid bumper to bumper cars. We did receive a letter from the church stating that there were -- they apologized for the amount of traffic going up the street, because the first Sunday at church being open they had over a thousand parishioners and like this man said, the overflow parking -- their parking lot isn't even big enough for the amount parishioners there. They are parking in the business, parking in behind the house. That's another time, but it's -- the parking lot isn't big enough. I'm sure there is a fire code or something -- some sort of safety issue is being violated there. Not definitely. But the parking lot isn't big enough for how many people are in there going to church, unless everybody, including kids, are driving their vehicles. A lot more traffic. If this were to go -- I strongly am opposed to any sort of commercial property in behind the house. Grew up in a real small town in Wyoming, moved to the big city here, and I don't want it my backyard. Thank you very much. De Weerd: Thank you. Is there any further testimony? Okay. Would the developer like to have the final word? Crawford: Pardon me. It certainly won't be the final word. Mike Crawford again with Pinnacle Engineers, 12552 West Executive. I'm a little caught off guard and I apologize for that. Through the previous Public Hearing and neighborhood notifications and so forth we had no response, so I'm a little caught off on some of these issues. Number one, we had no idea that another property was funneling their traffic through our subdivisions and we will be finding out about that real quickly. I think maybe there is a little misunderstanding about the type of commercial that we are looking at. This C-N designation is a neighborhood commercial. We're talking about a small mom and pop type store, we are not looking at putting in a Wal-Mart or something. But, actually, we -- one of the things we had envisioned was that would be something that would serve the neighborhood, Bear Creek and Strada Bellissima and be a place where they could potentially shop and cut down traffic, looking at pulling in traffic from everywhere else. Again, with the neighborhood commercial. Again, there is no specific commercial entity Meridian City Council December 18, 2007 Page 48 of 87 we have right now that's applied and we would be going through another Public Hearing process involved in taking out that application, right, Caleb? De Weerd: Is there another active application? Crawford: No. I mean if -- if we did have a client on a commercial project come in, even if we had the C-N designation, we would still be looking at public hearings when we applied for that. De Weerd: No. Once it's permitted -- unless it falls under the category of -- it would have to be under a conditional use, but once it's rezoned it is permitted. Crawford: Okay. That's all I have. De Weerd: Okay. Council, questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Caleb, could you run through quickly the potential uses that would be covered by a C-N. Hood: You mean like principally permitted, conditionally allowed, or both or -- I can do principally permitted first and, then, conditional allowed. Rountree: Please. Crawford: Okay. So, in the requested C-N principally permitted uses are an animal care facility, so a vet clinic. An artist studio. Arts, entertainment, or recreation facility indoors. A church. Day care. Health care or social service. Information industry. Laundromat. Park. Professional office or professional services. So, spa or something of the like. Public or quasi-public use. Public utility minor. Restaurant. Retail store. And wireless communication facility. Some of those do have specific use standards, too, associated with them, like the wireless. They can just put up a cell tower. There is certain general requirements that they need to meet. Now, conditionally allowed uses include arts, entertainment, or recreation facility outdoors. Building material, garden equipment and supplies. Civic, social or fraternal organizations. Adrive-thru establishment. A private education institution. A public education institution. A fuel sales facility. A gas station. A hotel, motel. Mortuary. Nursery or urban farm. Nursing or residential care facility. Public parking facility. Parks, public and private. I'm sorry, that was principally permitted. Public infrastructure. Vehicle washing facility. A vertically integrated residential product. That's it. Meridian City Council December 18, 2007 Page 49 of 87 Rountree: Thank you. De Weerd: Any further questions? Rountree: I have none. Thank you. Bird: I have none. De Weerd: Anyone else? Okay. Crawford: One other comment I would like to make is that the lots -- the little half round dome, if you will, was an out-parcel that we are bringing in and incorporating it into those two lots. So, the lots are staying basically the same size as they are now and we realize that whatever business we are looking at, we do have some restrictions in terms of the amount of parking that is available. So, again, we are not looking for a major retail usage, but a smaller neighborhood usage. De Weerd: Okay. Caleb, I guess I would rezoned, is there a building size restriction. that by building? have a question of you on -- if this was I know total square footage there is, but is Hood: Madam Mayor, Members of the Council -- excuse me, I'm trying to get over a cold, too, so my throat is a little bit dry, obviously, but, yeah, in that requested zone there is a maximum 6,000 square foot building without -- before we have to go through our design review process. So, you could potentially construct a larger building than that. However, this is only a 1.6, I think, acre site. It's fairly small. I could see maybe a couple of sites -- maybe a couple of users going on there, but, again, nothing in the neighborhood of Wal-Mart or big box or anything like that. Once you have parking, landscaping, it just won't accommodate it at this scale. De Weerd: Well, your list was kind of intimidating. Hood: And they don't take into account size of property. So, obviously, a Home Depot, something that would be, you know, conditionally allowed, is not going to fit on there. De Weerd: Okay. Thank you. Thank you, sir. Crawford: Thank you. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Meridian City Council December 18, 2007 Page 50 of 87 Zaremba: I guess another question for Mr. Hood and that is it's currently zoned L-O, which means there cannot be residential on this property now. Is that correct? Hood: Madam Mayor, Commissioner Zaremba, I believe with a Conditional Use Permit they could actually put in multi-family on the site in the existing L-O zone, but that would require a Conditional Use Permit. But single family is not allowed in L-O. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Caleb, I'm going to keep you talking. I'm sorry you're not feeling well and we keep asking you questions. In the pre-application meeting notes there is a comment -- and it doesn't make reference to which planning staff member made it, but I'll read it and see if you can flush it out a little bit for us. It talks about the original L-O zone for this -- forthis property and the sentence is the L-O is justified to buffer the residential in Strada from highway. C-N is higher intense use and there will be nothing to buffer residential from commercial. Can you elaborate on that a little bit, at least with regards to the original intent on the L-O and -- it sounds like the C-N is -- removes the buffer that we intended this to serve. Hood: Yeah. Madam Mayor, Commissioner Borton -- Councilmember Borton, the L-O zone is, you know, intended for light office. A lesser intense non-residential use and when this was approved I was just actually starting on with Meridian planning at the time and like I mentioned earlier, it was approved as a 20 percent use exception and quite common today we do use L-O as kind of that transitional zone between either higher intensity commercial or highway. Sticking single family residences up to a highway doesn't make much sense either, so you kind of use that as your buffer, if you will, between uses. And in that pre-application meeting staff wasn't overly supportive of the applicant's request and we saw this being quite the change. I mean another step up in intensity being this close to residential. So, at that point in time we hadn't made our -- we hadn't formulated our full recommendation and were kind of on the fence about, you know, this is going to take some work on your part to convince us that this is in the best interest of the city. So, I believe that's where that comment's going. Now, some things have come into -- that we have to account for today are if you look at it -- and I'm sorry I don't have something that goes in a little bit closer, we have roads on three sides. You have got Victory Road here, you have got -- and this name escapes me of this road here and you have got Alfani and here. So, really, there aren't any residential directly abutting this site anyway, so the -- any landscape buffering is going to be the same regardless of use that goes in here. So, that aspect of it really hasn't changed. And, then, to kind of take that a step further, we have four zoning classifications, I'm sure you all know that, but maybe for the general public. L-O is our least intense. The next step up is C-N. We have two more that are more intense that than. This is the next step up. It's not -- it's not C-C and it's not C-D, which is our most intense commercial and staff -- Meridian City Council December 18, 2007 Page 51 of 87 you know, this wasn't an easy recommendation for us, but it does seem to make sense and looking at the services that are out there now and what may be the oversupply of office, maybe a restaurant could be a good fit here if they can market it and find someone that works and we looked again at the scale of this one and a half acres. What could they do? Yeah, they could technically put in a Wal-Mart there with a Conditional Use Permit, but we didn't see that being feasible. I think the market will kind of control what -- at least from staff we thought that the market would control and it would be something smaller scale neighborhood serving. Borton: Okay. Thank you, Caleb. De Weerd: Okay. Any other questions, Council? Rountree: I have none. Bird: I have none, Madam Mayor. De Weerd: Okay. If there is no further questions, what would you like to do? Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we close the public hearings on Item No 9 and Item No. 10 for Strada Bellissima. Bird: Second. Borton: Second. De Weerd: Okay. I have a motion to close Items 9 and 10. All those in favor say aye. All ayes, motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'll stick my foot in, I guess, to begin with. I would, have to say that I'm in favor of the Comprehensive Plan amendment. When this project came forward I was on the Planning and Zoning Commission and we felt that it -- with the future of Meridian Road, which doesn't look it even yet, but some day will be carrying the kind of traffic that Eagle Road does, we felt it wasn't appropriate to have residences on Meridian Road or for Meridian City Council December 18, 2007 Page 52 of 87 them to have access to Meridian Road in the way that residences would. At the time -- I'll call it archaic, but at the time the process that Mr. Hood mentioned of having a 20 percent use exception, when this entire subdivision came in and not just this subdivision, it was common in other planned developments, the 20 percent use exception meant that even though in many cases retained underlying zone or retained the Comprehensive Plan zone, a different use was permitted. In this case it did happen to get zoned to the L-O zone and even though the Comprehensive Plan was not changed, it still showed that the entire project was a residential project, the use exception allowed this portion of it to be zoned L-O. The project that we talked about before this, the Selway Apartments, fell into the same kind of a gap and, unfortunately, when -- when residents go to do research on a property that went through the old system, it's difficult to discover that there was a use exception. One of the first things that our director did when she came on board was to change that process, so that we don't do it that way anymore, we do zone them to what the intended use is. So, I think we have fixed that on a going forward basis, but I have the feeling there shouldn't be that many of them left out there and at some point somebody needs to go looking for them on the staff and get them changed, so the zone -- so that we don't keep having a hidden. use that it's difficult for people to discover. So, where I was go with that is I do agree with the Comprehensive Plan amendment, because that, actually, identifies the property as the use that has already been approved for it. Whether or not I would change it from L-O to C-N, I could go either way on that. When it originally came through I was happy with the L-O. I suppose I could be talked into the either one. De Weerd: Thank you. Any additional comments from Council? Bird: I have none. Rountree: I have none. Do you want to take a run at it? Zaremba: All right. Madam Mayor, I move that we approve CPA 07-012 regarding Strada Bellissima commercial to include all staff comments. Rountree: Madam Mayor, I'll second that for discussion. De Weerd: Okay. I have a motion and a second to approve Item 9. Discussion? Hood: Madam Mayor, before you go into discussion, if I may, I may have been hacking up a lung over here, but I believe the Public Hearing is still open, unless I missed that, so -- Bird: Yeah. We did close it. Yeah. Charlie did. De Weerd: I thought we closed it. Meridian City Council December 18, 2007 Page 53 of 87 Hood: I may have just missed it. De Weerd: I thought I was losing it. Rountree: It's your cold, Caleb. It's the cold. De Weerd: You know, Council, I guess I understand the buffering of the office, but with the configuration and the odd topography in that area, I do believe that the light office is lower intensity use and is appropriate as that transition. It does have some traffic challenges in that area and to increase it, I -- it will be complicated and it's not that far away from the intersection, you're not going to get a light there, so I would be concerned about the increase in traffic because of the commercial designation. Light office has a lesser impact. Zaremba: Madam Mayor? De Weerd: That's my two cents worth. Yes, Mr. Zaremba. Zaremba: I could easily agree with you. That, however, is my next motion. I only made it -- I purposely separated them. I only made the motion on the Comprehensive Plan amendment. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I can agree with where Councilman Zaremba is going, but I would suggest that to change from low density residential, which is shown on the map, to commercial L-O designation on that particular item and that address the rezoning as no change, which would be Item 10. Zaremba: If I understood that correctly, Madam Mayor and Councilman Rountree, you would wish to add to the motion, not just changing the designation from low density residential to commercial, but changing it to commercial, specifically L-O on the Comprehensive Plan. Rountree: Because that's how it's zoned already. Zaremba: The maker of the motion will accept that. Will make that change. Although I'm not sure we do that on -- Rountree: Do we have a color that does that? Zaremba: -- we don't actually specify zoning. Meridian City Council December 18, 2007 Page 54 of 87 Hood: Madam Mayor, Members of the Council, if I may, we have an actual purple designation that is for office, so that makes it a lot easier than doing it commercial and, then, calling it office. We do have a land use designation. Rountree: So, let's just call it office, so we don't get the item yet confused again. Zaremba: All right. The maker of the motion would change CPA 07-012 to approve the change of land use designation on the map from low density residential -- why can't I say that -- low density residential to office uses. Rountree: Second. De Weerd: Okay. We already had a motion out there. Rountree: He amended his motion. Zaremba: I was modifying the motion. De Weerd: Oh. Okay. And -- Rountree: I agree with him -- De Weerd: -- second agrees. Okay. Zaremba: I can start from scratch and restate the motion. De Weerd: Thank you for the clarification on your first motion. Zaremba: Okay. Madam Mayor -- De Weerd: No. You're good. Does everyone know what the motion is? More importantly does the attorney. Nary: Absolutely. Zaremba: I would be happy to restate it from scratch if that's desirable. De. Weerd: I think that would be great. Zaremba: Okay. Madam Mayor, my motion is that we approve CPA 07-012 relating to Strada Bellissima commercial, to include all staff comments with the one change and that change is that we are approving the change of land use designation on the map from low density residential to office uses.