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HomeMy WebLinkAboutJanuary 22, 2008 C/C MinutesMeridian City Council January 22, 2008 Page 34 of 1'01 De Weerd: Okay. I have a motion and a second to vacate Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES.. Item 14: Public Hearing: AZ 07-013 Request for Annexation and Zoning of 4. 92 acres from Ada County RUT to an R-4 zone for Matador Subdivision by Equity Development - 1235 East McMillan Road:' ~,, Item 15: Public Hearing: PP 07-017 Request for Preliminary Plat approval for 16 single-family residential lots and 3 com~mo~n I~ots,on 4. 92 acres in a proposed R-4 zone for Matador Subdivision by Equity Development - 1235 East McMillan Road.: .,~-_~~~~ ~`'' ~ ~ ~'~`-~~~ ~,;, ~. De Weerd: Okay. Item 14 and 15 are public~~hearings'fion ,AZ 07-013 'and; PP 07-017. I will open these two public hearings with staff cor~n~ments~~~~,y_,,,~ ~, Canning: Madam Mayor, Members of the Council;,,,~this the Matador project. It s located at 1235 McMillan Road.. The''applications beforey,,~u tonight are an annexation and preliminary plat. The applicant~~has`~ap~plied for anneXatio~n and zoning of 5. 18 acres to R-4 zonin and relimina lat~~a'~'I'''i"oval,of 16 singl'e,;~family residential building 9 P rY P ~~';, pp ~~a,4~~~,,a, ~~r lots and three common lots on 4. 92~,~acresi~~, ~ ~~he~i proposed gross density for the subdivision is 3. 25 dwelling units per aerse,;~with a net;tdensity of 4. 02 dwelling units yt!li~i q 1~ ?i1fl, per acre. And the lotz{sizes~~~ra~nge from 8,0,77 square Meet to 14,454 square feet. You will note that it says;, old plat~li~~new plat, and III get to that in a moment. The Commission's rec'ornm'endationi~~~was based '~on.~~old plat. There are a couple DA +:i~~ , requirements proposed'~and t~~at's~th~at the developer shall construct homes on the site that are In substantial cornpl~ance-with th~ey~elevations and the applicant shall construct homes oni,the'site.=~that, contain~,the following design features: Gable roof lines facing ~~'`~ shutte s; ~'siabstantialTicolors with substantial bases and front faca es, the stryeet, ~s~~i(i}~~~ , , ~,l . ~„~,~ ~ ~ ;~ accented!{with brick/stdm~e4i~and co~e~red porch areas. Building materials should be o quality mater#a1s, including~~,~but not limited to wood siding, hardy plank siding., and/or stucco, incorporating varying siding materials. Wide plank. Narrow plank. Board and batten. Cedar{t'Shin les. ~{'IPainted in earth tone colors. We have some elevations of ~i~tfliiiA. g ,il-~ those. The Comm~issiontrecommended approval at their November 15th, 2007, Public Hearing. Sabrina~lW.hitehead, the applicant's representative, spoke in favor. No one spoke in opposition~~~ror commented or provided written testimony. Key issues of discussion by the Commission were the zoning approved for neighboring residential projects and that was largely -- there is one project -- and these two existing lots and that was R-4 with a little R-8 closed to Locust Grove. And, then, there was another one approved over these two lots and that was R-4. Nothing immediately adjoining this property. There were no key commission changes to staffs initial recommendation. There are some outstanding issues for Council. During the hearing staff presented to the Commission a recommendation to reduce the lot widths of the buildable Lots 2 and Meridian City Council January 22, 2008 Page 35 of 101 3 of Block 3, which are these two lots and expand the nonbuildable lot, Lot 1, Block 3, this one in hatched, to increase the amount of open space and to accommodate a picnic area or tot lot. Currently it's all shown as seepage beds, so it's not really an open space, it's a drainage lot. So, the idea was to decrease the adjoining two lots and add some actual open space onto that drainage lot. The Commission agreed with staffs recommendation and forwarded that onto City Council. This morning staff received a revised preliminary plat and revised landscape renderings for Matador project and the revised plat changes were as follows: And you will see it here,~T,hey have moved the drainage lot from the corner to -- on the north side of Copper'Ridge and now there is five buildable lots on the south property line. The relocated common lot has been '1~,s ',,~~~j i~ti. reduced from 10 920 square feet to 4,953 square feet.~'In addition, the total amount of open space for the project has been reduced from 8 14to 5. ~5 '~?~ i1And the term open space is lose there, because there was a drainage lot„ '~ It's nonb~u,ildable lots, really. Due to the reduction in the common areas, the,~*average lot sizes have',increased from 9,751 square feet, to -- that's per the old plat~;';,And to~fhe new plat is~1~0,,1t24 square feet. On -- I heard that later today there was ~a third plat;p~resented to staff that there was not time to evaluate. So, 1 think -- I'm no't,ts~ure~~if the applicant'has a revised revised plat or not at this point, so -- and, then, the{;,'„~jthere was some pictures of the amenities, the tot lot and., then, the picnic table, as proposed for the new plan. With that I'll answer any questions that Council~and,,Mayor may ha~et, soh ,~ _ ;.~h,~ti._ _ De Weerd: So, Anna, you just got these,yp~lat Canning: Yes. .A~-~- ~',;; , I ~ ~;; I'~,~',~. ', ~ ;1~ De Weerd: Okay`" LC`o~uncil, a~y,~questions af{y~~hiisrpoint? ,(~(~~,; ~+lt ,_ 1 Bird: I have~none . ., ,I ~~, ,1;~_A~~._~<<~~y Rountre'e`.~ I have none ,rnght now~;;l> ,_~,r ~~' , ;,~ ~liiyl, ~"i, ~,li~~,' ~~~:1'~ Zaremba,;;,;~,;M,adam Mayor~?~;;~ ~~ ,~~, De Weerd: Mr,~~~;;Zarem ~~`I~' ~~~ lii~, ,~. Zaremba: I havewlo~~~t~track of where the amenities are now. Are they on the new drainage lot? ~'` Canning: This lot, I believe, is designed to accommodate the open space, as well as the drainage. The prior one was just designated as a drainage lot. The subdivision is less than five acres, so it's not required to have open space. Zaremba: Thank you. Meridian City Council January 22, 2008 Page 36 of 1.01 De Weerd: Okay. Is the applicant here? address for the record. If you will, please, state your name and Whitehead: Absolutely. Madam Mayor, Council members, for the record, good evening. My name is Sabrina Whitehead and here on behalf of Briggs Engineering and Equity Development. My business address is 1800 West Overland Road, Boise, Idaho. 83705.. And as Anna has mentioned., tonight I'm presenting beforela ou With th~s Estates. This is a request for annexation, zoning., and a preliminary p development the developer took into consideration the character'''of the area, City of Meridian's Comprehensive Plan, as well as the existing resd',e~nces out there. With all the developer felt that the R .4;~zoniing, would be the most these considerations, .a,~,,~ v;~ ~~ compatible with the existing area and surrounding la;nd'~uses. T.~f~<e,refore, as has been mentioned, we are requesting 4. 92 acres to be ~r~ezonetl to R-4 ~~,;~~T~his will include a total of 19 lots, 16 which are buildable and thr~ee~that are common ~aT~he~site will have ingress and egress off of McMillan Road., which,,w,ill provide public stub roads..to the east ~ :.~, and west. The site will have pressurized • irngatign th ~ough Settlers Irrigafion District and at this time it's kind of unknown who will mairitain,it,; 'either the district or the HOA. As for sewer, we are in negotiations with the developer to the west to provide sewer easements -- sewer and water. On~~J;uly 3rd of last year•;I~conducted a neighborhood meeting where I had three neighbo~~si~~attend. The ~eo,nce~rns expressed by the neighbors was Curt Hert. His concern i+was~theiview shed a ~}d:~so the developer agreed to limit Lot 3 of Block 2 to be single story,~within~the~$CC&Rs~,for him. The other concern brought up by one of the other neighbors,was''~accessl,for~•the fire department. And as ,dil;"9i3 ,~ ~,~ , Mr. Silva's here he,.has-`a`pproved the plans with what we have set forth. Now, I o want to discuss the~open space's Originally,~ywe didn't provide any open space, due to ~~~ the fact that it wasn't; squired '~#i However, aftetr.:,fihe Planning and Zoning Commission, agreed to provide usable open space. So, usable talking with city staff, tlie~~'de ~elo'p~erz,y ,. ~~ is kind of like ~the«key word,,here, because before we did have open space, but it was for ,+l~'i}~i~ii(1,, i ,, ~ i ~ ~ v a retention~pond! ~ ; So;;.technic~alil~y, it s riot"'super usable. So, with our engineering irm ~'!' ''i' '''~ -- water retention is a seepage bed, which would be we decided to locate ~t~he~~~retenfiio;n#a~~~v r ~ ~'~~' therefore;+=leaving it=more usable and for people to be able to use it. So, undergroiuind, ,,~~ ~, ~~ ~j.~, today, when• we have so{ many modifications -- and I do apologize, it was kind of last ' to we'I~d~~e'cided to tae,'the -- that one lot, the retention, and move it into another menu .~~~~,~~,~~ ~,~, ~. location, whicl-i;~~the engine~enng felt would be better for water retention. We, actually, increased that lot~~}size that you see as the new plat to -- so, it will be 50 feet in width. So, it's actually larg~er!~~`So, my main point here is that, one, this is more usable than ~i1i4.t having a retention pyond. Two, with the seepage bed being placed underground, it wi be safer not to have a playground located next to a pond. Three, it's more centrally located. I know that Planning and Zoning have desires to have it across the street, but we felt on the corner lot it will be more centrally located, easier for the residents to access, as well as making it safer ha a someisirolble s. noAnd myl f fth andwmy final sometimes these common lots can P point here, trying to persuade you that while our open space percentage has decreased., in my opinion I feel it has increased, because it's due to the fact that it's more usable, instead of just having a pond.. So, I hope that I have made my points and outline and request that I feel this is the best comprehensive and best scenario for this subject property. And with that I will stand for any questions and thank you for your time and consideration. Meridian City Council January 22, 2008 Page 37 of 101 De Weerd: Sabrina., I guess I have a question as to -- this was in front of the Planning and Zoning Commission in November and they recommended the changes that I assume are -- were the ones that were received today. Whyi~were they just received today . ,;,ai,,. ~ ' i' Whitehead.: Well, I -- we didn't get the landscape upd my fault for not getting -- us getting it in sooner. I jus~ ''i{i! be such a concern having it relocated to that lot. ~;,~.~- De Weerd: It takes staff time to evaluate, so;~they can Council and I guess it's just consideration of ~sta'ffs ti came into our office to look at what would be propose; show them what is currently in front of them and I do either. So, I guess that's my point'I;;,';And it's not to cF Council, any questions? ~~,y~,~~~!L,~(i,i.~;,,~w '~~~, Rountree: Madam Mayor? ~~~~;~ De Weerd: Yes Rountree: So, whati: an additional 50 feet? originall'y~35. Rouritr`,ee `ili ~~,: Whiteheac Rountree: In width? `~~~1~~=ii,~ wei Whitehead: Uh-hu ~,~ ~~ ,, d untill,just recently and it was I didri't~':,k'now if it was going to eke a recomm'eh~dation to City sand the neighbors. If they inig'ht, we wouldn't be able to think that is fair to the public ise you, but maybe it is, so -- ~,~i , :.~#. 1'~~_ ~~ ,~i .~~.,,, ,,~, he''re is not what';~oyu`re saying, you're saying this lot will be ~, !° it to 50. out of all these lots cumulative and -- e reduced them in size. Correct. Rountree.: And they remain in excess of 8,000 square feet? Whitehead: Correct. Rountree: Okay. Meridian City Council January 22, 2008 Page 38 of 1.01 De Weerd: Mr. Borton. Gorton: Madam Mayor. Sabrina, I understand you're kind of in a jam, but I tend to agree with the Mayor in this situation and at least for me the evaluation of the planning department and their comments and review are critical in gathering all the information, not only for us, but also for the -- for the public to be aware of what's going on. Having something provided the day of, for me I wouldn't even want to go one way or the other and approve it or not approving the project until that's done and~.,l,'`am extremely sensitive to delay and I totally understand what that -- what that means'to a-developer and the financing, et cetera, In this situation it doesn't look like there;.is really any -- any unique excuse which 'ustified what's become a huge delay. Wt'at'I'm'~getting at is my sense 1 ~ 'il would be is just to continue the matter. I mean I, ,for~gne, am~not, comfortable going forward to approve anything today until staff has a ~fa~ir~'opp'ortunity to review it, to look at it, comment upon it. So, that sort of shortcuts; where we are at, a't~~least for me right now, but I think just to be fair to your client and~~'fair,to staff~,there -- `'~~ '~~'?~~~~~ Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. ~i~13 ~,~ 1'T~ ~~, Zaremba: Not to be repetitive, but`;what~': changes and I appreciate that you have~;~take think along with what has,be~en said, you~cja~i there is a lot of things,,tl~athappen. Wfiat nab plat, in order to move the r~;i~lisat~.~ something has to~c" ha'nge in look at it and the Public`~oi mean. So,~,lt~,doesn't direction,~~s~o ' '-- °=`'i i ;'' ~~ 4~~ ,~ Whitehead: Sure Nc Zaremba: ~4~1IUg,~need our Wage lot f~Q rainage flo~ni aff,.needs to , y ~,' ~.,, # tr,,,r~{ Inders~la}nd. ~ ~~ ffs input. .,~~', i ii;'r ,~~ ,,a~. ~~;;;,. ~~`<< ...~tj >u're describmg~`'sounds like very good ~the~,~tlme ~to,~rYiake these changes and I nderstand~+our needs to do that. I mean seem like a very minor adjustment in the ~ where you did to across the street, ~o;~you know, the planning staff needs to ok at it to -- to see what those changes ate that you're probably going the right Whitehead: If 1"ii~o~u^feel it~'w/ould be best to table it -- to continue it for the review, I'm a y +~~~~1~-~„ ..n~~~ hundred percent in'~support of that, so -- De Weerd: Okay.Thank you. Any other questions from Council? Thank you. This is a Public Hearing and so we'd invite any members of the public who would like to comment at this time. Okay. Bird: Madam Mayor`? De Weerd: Yes, Mr. Bird.. Meridian City Council January 22, 2008 Page 39 of 101 Bird.: What I`m hearing is -- from Councilman Borton is probably continuing these public hearings, which right now Councilman Rountree and Mr. Clerk, Berg, needs to tell me, but I think probably the 18th of February would be the soonest we could -- De Weerd: That would be the 19th. Nary: 19th. ~~~'' ~~~ .R '~~.~~!'a, l?j ~~~-~~~~ Bird..: 19th I mean. What did I say? .~~?~v';ii~, Nary: 18th. ~, ~~l;l~ ~~~~~ ~~;. ,,qq , '~~, , , ,~, Bird: 19th is the soonest we can get it. I would like to see the preliminary plat as presented today, not what we are getting here;; grand I'd like to see how those,tother lots are -- how the 15 foot's taken out, whether it's t~rvo'foot per~';lot or 15 foot out of one or -- *, yi ~,~._.,,, ,. or what. And so I am with Councilman Borton andjt,if,the other Councilmen want to, would like to continue these public hearings until 'February 19th and get -- get that preliminary plat drawn like the proposaL;they want to present and have it before us. 1 1 ". ( .. \ i3 :~ Rountree: Madam Mayor, just for Co'uncil'si~consideration, jthe preliminary agenda for t, ' ~i(;hiS~(~ts,,. the 19th is pretty busy. I mean we havet we:iha~,e;~Tow~nrCenter -- it was continued. But that may not happen., Probably won't ,~~~~But wei~have South Meridian Comp Plan amendment as well. ,~I,{rneam~:we can try for~fthe 19th and if Town Center doesnt show, which like I said, pirokably wont, have you l'eard anything from them? Canning: Madam May President Ro.untree,., Got Rountree Whatever~~ ~ 1;4~, ,, s~ ~>> a~ ~^~, Canning ~i,l~~had never ar update as to,~iwhether or i ~il~i'rsr, that they have~~tu,rned in t have anything to'~present~i Rountree: Well, th Bird: Is the 19th okay? Nary: Yeah. of theiCouncil, Councilmember Rountree -- or .,~ , I~ ~;, „VY ~patedl-you would get much on February 19th, other than an t they have turned in the traffic study and I have not heard ~~traffic study yet, so I can almost assure you that we won't you on the 19th. like a reasonable date, then.. De Weerd.: Okay. Meridian City Council January 22, 2008 Page 40 of 101 Zaremba: Was the motion seconded? I would if not. De Weerd: There was amotion -- Bird: I was going to. Zaremba: Oh, I thought Keith made it. ~'`''n. Bird: No. ~ ~ ~' „1i'~ ~•< .n' ~ ~:,,~' ~~. Borton: I appreciate the second in advance. Madarn':'Maygr,~ ~l would move that we ~~~ ' 3' i. ~. ~:,. continue Items 14 and 15, AZ 07-013 and PP 07-017„ to=iFebruary~1;9th. Zaremba; It would be my pleasure to second thati`motion. ~~~~:;' ~'~~ ~, ~~ ,~~,,_ v,~ ~, ~,;. ;.,,, De Weerd: Okay. I have a motion and a nice~second on';I.tems 14 and 1~5 to continue the Public Hearing to February 19, 2008. All those in~favor say aye. Allayes. Motion carries. ~~. ;~ ;°;; MOTION CARRIED: ALL AYES. 'y~:~~~, ~~'r,~:~. ~,;,~ , ,~~,_ ~,~ vl~~=F ~ ' ~ i~i~tw ~ ~./ Item 16: Public Heating: RZ 07i-0;15 Reque`st~for a <Rezone of . 28 of an acre from an R-8 residential zone to ari"tO ~T~;-zone for, 6«~~and Broadway Property by Linda Loehr - 532-~-East :Broadway Avenue: ~"` ~r '~li##~sl ' ,~ De Weerd: Oka~y~'i''Itern 16 is~~a~ Public Heari~ng~on RZ 07-015. I will open this Public Hearing with staff comments..' ~f --_ ~;;'~'` Canning. 'l~ -lVradam~,Mayor,'~'Members of'~the Council, this is the 6th and Broadway ~~~ 1 `c~it5 i7f1~_ J".'1 il. property and it s locatedl;at 532= East Broadway Avenue and the application before you ~')_l~,~. "`~ii~~'tIR~= iz 7= 1tA anti. tonight~.ns~ a rezone it§'s` a rezone•~~of . 28 acres from R-8 to OT. The applicant is requesting~~~~the rezone, so, athat they can build a new two story four-plex on the site. Under current~llcode multi-family developments are not a permitted use within the R-8. The Old Tovvn,~~zoning district allows multi-famil develo ment as a rmci all =,t~#~,;~. ;~#_~ y P P ~ P ~Y Permitted use. .Due to the.~sm~all s ze of the subject property and the applicant's intent to improve the site, staff believes that a DA is not necessary in this instance. And that's, really, because of the requirement for the design review. Most likely they will be subject to a conditional. use for design review and, therefore, we didn't recommend the DA. We do have some elevations for you tonight. This is the site plan. Point this out a little bit. The streets run on the bottom of the page and to the left and, then, an alley runs on this right side. You have parking off the alley and, then, two parking off of the street. De Weerd: Anna, do you want to move the microphone closer.