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HomeMy WebLinkAboutApril 1, 2008 C/C MinutesMeridian City Council April 1, 2008 Page 30 of 51 MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. Vice-president? Zaremba: Councilman Bird. Bird: I move we approve TE 008-002, the request for an 18 month time extension for Kingsbridge Subdivision No. 2. Borton: Second.. Zaremba: We have a motion and a second. May we have a roll call vote, please. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. Zaremba: Motion carries. Thank you again. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 17: Public Hearing: AZ 07-002 Request for Annexation and Zoning of 3 acres from RUT to an R-15 (Medium High Density Residential) zone for Villas Cad Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: Item 18 Public Hearing: PP 08-002 Request for a Preliminary Plat approval with 1 residential building lot and 1 common lot in a proposed R-15 zone for Villas ~ Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: Item 19: Public Hearing: CUP 08-003 Request for a Conditional Use Permit for 21 multi-family dwelling units in a proposed R-15 zone on approximately 3 acres for Villas i~ Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: Zaremba: All right. We will open -- the next Public Hearing is going to include 17, 18 and 19 for the Villas @Lochsa Falls. That is opening AZ 07-002., PP 08-002, and CUP 08- 003. And we will begin with the staff report. Borton: Mr. Vice-president? Zaremba: Councilman Borton. Borton: We are missing staff. Zaremba: Oh. ~ Meridian City Council ' April 1, 2008 • i Page 31 of 51 i Gorton: Mr. Johnson is -- ,, Zaremba: We absolutely are. Johnson: Mrs. Canning had stepped away just -- Zaremba: Called away unexpectedly. Johnson: Yeah. She had to step out for just a minute. She should be back shortly. Zaremba: Okay. Canning: Did you miss me? Zaremba: We await with bated breath. Canning: Thank you. Sorry, Council.. The next Public Hearing is for the Villas @ Lochsa Falls and it is located at 5555 North Linder Road. The applications before you tonight are annexation, preliminary plat, Conditional Use Permit, private street, and alternative compliance. Because there are so many applications I'm going to go through them one by one. The annexation is a request to annex and zone three acres to R-15. The Planning and Zoning recommended a DA provision that restrict the development of this property to a maximum of 21 units and to comply with the conceptual site plan and elevations submitted with the conditional use approval., which we will get to in just a moment. The preliminary plat is to plat one residential lot and one common lot. The Conditional Use Permit is to construct amulti-family development consisting of 21 condominium units and an exercise cabana. The units range in size from 1,500 to 1,750 square feet. The proposed dwelling types include five individual detached buildings and eight dual unit buildings, for a total of 13 buildings on site, excluding the cabana. They are different floor plans, but all units will have three bedrooms and two and a half baths. The private street application is -- there are three private streets within the proposed development and the alternative compliance is from two UDC standards. One is to allow for an alternative design to the 20-by-20 parking pad requirement and the second alternative design -- or request for alternative compliance is for alternative design for the five foot landscape strip adjacent to pathways. Regarding the first one, the proposed units will feature two car -- two car attached garages located at the rear of the home units, except for the four detached units internal to the development. And I'll let the applicant point those kinds of things out for you. The applicant is proposing tandem parking., instead of the 20-by-20 parking pad and, then, they will provide ten guest parking stalls for the four internal units that do not have any parking pads in front of their garages. The gross residential density is seven dwelling units per acre. The outstanding -- I'm sorry. We do have some elevations for you. The Planning Commission heard this item on March 6, 2008, and they have recommended approval. Evelyn Grime spoke in favor of the applicant and Scott Stanfield as well. No one spoke in opposition or commented or provided written testimony. Key issues of the discussion by the Commission were the requirement for additional common open space along the 1 '~ Meridian City Council ~ ~ Apeil 1, 2008 ! Page 32 of 51 1. northern boundary. And the key -- the key Commission changes to staffs initial ' recommendation -- there were three of them... One, the applicant updated the site plan to reflect the Planning and Zoning Commission recommendation to increase the common i ~' open space on site. And that's what you see before you now. There was a modification to condition 1.1.2, which were the DA provisions to construct a maximum of 21 units. And, then, a modification to 1.4.1 to allow a maximum of 21 units and increase the amount of open space from ten feet to 20 feet, measured from the apron of the pool to the west and also include a barbecue pit area. So, that's with regard to the open i, spaces. And,, again, I'll let the applicant describe those -- where those changes occur. ' ` The outstanding issue for City Council -- I think there is some question as to whether there is an appropriate amount of open space on the property for the site. It strictly '~ meets the definition of the multi-family, but a lot of the open space is pretty narrow. Doesn't provide large -- large amounts of space. And with that I'll answer any questions Council may have.. Bird.: I have none. Zaremba: Council? Could you go back to the first slide you showed, which was an area locater. Maybe it was the one right after that. Yes. There. No. Canning.: That one? Zaremba: That one. Are we only talking about the upper half of the white area that what -- my question is there appears to be a stub street. Does that run into the center of this property or the south border of this property? Canning: It's appears to be split half and half. And what they are proposing to do -- I think you can see it a little better on the plat. They are taking their half stub and putting a fire department turnaround at that location and, then, should the other parcel ever come in, there is an opportunity for them to take advantage of private streets as well. The public street will end up ending there, unless they come back and are able to acquire right of way from these folks. Zaremba: Okay. I'm understanding the location. Would you go back to the slide again, please? There. All right. So, I see no need for that street to -- for that stub street to go through to Linder, so -- okay. I understand what we are doing. Canning: It's a similarly sized parcel. It won't ever have all that many units on it that they couldn't be served by a private street if they are multi-family units or if it's done as a multi-family development. Zaremba: Thank you. In that case, we are ready for the applicant, please. Grime: Good evening, Members of Council. My name is Evelyn Grime and my company is Place Design and Planning and I'm the architect and planner for this project. My client is Campbell Investments. And to start with the site plan that Anna has put up, this. was Meridian City Council April 1, 2008 Page 33 of 51 our original site plan, so Phis is before our open space revisions. Just kind of dive right in, answer some of the questions that came up during Anna's presentation and, then, can kind of show you the key points. I'd like to show you an animation that we have that think illustrates the neighborhood really well and., then, come back and answer questions. So, the Planning and Zoning Commission had a lot of questions and we talked in depth about the edge conditions and the only question that still came up was this idea of open space and the gathering outdoor open space for the community versus private backyards, front yards, and private living spaces was that public gathering space and so this plan shows an original area with a fitness pool, a cabana, and some gathering space. This is about a 22 foot by 15 foot trellis porch or a patio area and there is another slide that's black and white revised site plan that illustrates our immediate responses to Planning and Zoning -- the first one, Anna. Back, please. There. Canning.: That one? ~ a Grime: Uh-huh. This was our immediate response to staff and the Planning and Zoning Commission, showing that we could., in fact, redesign this single family detached home at Lot 3 to provide 20 feet of open grassy space here, keep our fitness pool, still have a 16 and a half foot by about 20 foot trellis to patio area, a 240 square foot exercise ' cabana and include a nice barbecue and maybe a fire pit here. So, this becomes a '' ~j multi-function gathering space. It was never intended to be a municipal pool., but, you know, this is still going to handle about 20 people if you have got all the kids in. So, this was the primary change between what we presented originally to Planning and Zoning ~ ~ Commission and what we are showing you tonight. The -- the other question from Councilmember Zaremba about the front entrance. Anna, there is I think in the staff ~' report a site plan -- enlarged plan that shows the knuckle and how it works and on some ~~~~ of the files that I brought it's a file called the expanded knuckle and it shows traffic flow and directional traffic flow, the plan that we put together to address Mr. Overton's ~' concerns, as well as Mr. Silva's concerns from fire and police. So, I think at some point ,~ it would be really nice to be able to look at that. When we talk about our open space, i ~ while Anna's hopefully searching and finding, we talk about our open space. The open space requirement is determined by staff for the overall project is 7,000 square feet of open space. That isn't to say that it has to happen in one location. So, to give you our current math for this parcel of open space here, that parcel is 3,145 square feet in one location. And, then, if we go back to the colored site plan, please, Anna. When I was ~ designing this, one of the code allowances that you have is that you can include area of a landscape buffer as part of outdoor open space if you have a four foot separate -- vertical separation. So, the idea -- a design idea behind this is to create this walking path for the neighborhood that traveled like this and other drawings that you have already seen flash a little bit, but we will look at them in more detail, is to use the berm ~ and a retaining wall to create a protected walking path along here, as well as have the i sidewalk along Linder. And, then, we have two points of connection where this ' neighborhood can interact and not be completely closed with the neighborhood, but, ,' then, also, again, have a protected walking path, which is a recreational amenity just for the neighborhood. So, if you take this area, this area, this walking path as it comes here., those three total 7,900 square feet. The other part -- hello, Madam Mayor. The ,;. ~~. rl ,i 1~ ~ Meridian City Council I . April 1, 2008 ~ Page 34 of 51 other part that we have is private backyards. So, this section shared by four homes is fenced into four quadrants. The average backyard size is between 400 and 650 square ~' feet. That's private backyard space over and above private courtyards and front porches. That's not -- that private backyard open space is something we can count specifically towards one number. However, I would like to point out that if we include the backyard open spaces, that number is at 7,000 square feet. If we take the 7,000 square feet of the backyard private open spaces and we combine it with what I have presented ~' as common outdoor open spaces, just in the minimum requirement, we have 13,000 square feet of open space.. If we were over five acres we would have to provide ten percent private out -- or common outdoor open space. I'm just trying to say we balance the intent -- it's -- 13,000 is over ten percent of three acres. So, we are just achieving it in different ways, using different tools, because the whole premise of this development . is to create a single family housing neighborhood with the few different design tools that you have in your Planning and Zoning code. Did you have any luck finding that, Anna? ' No, it's -- I think it's specifically called knuckle. So, maybe -- Zaremba: While we are finding that, may I comment for the record that Mayor de Weerd has joined us and I will turn the meeting over to her. Grime: Hi. De Weerd: Hi. Grime: Welcome. De Weerd: Thank you. Grime: So, our -- our overall density here is seven units per acre. Across Linder to the east is our new high school. To the west we have three homes, which are part of Lochsa Falls and to the north we have three homes. In working with staff over the last year, we have worked to create a neighborhood that has -- we couldn't provide alley with rear loaded garage. The site wasn't conducive to that. But we tried very hard to make all the garages recessed and not the focal point, bringing the building mass and the front porches to each of the private streets to create this neighborhood where front door faces front doors and the architectural look of each home -- each one of these twins, as I call them, because I have twins, I can say that, is -- reads like a single family house. And the idea also is you have eight twins., each one of these has a different architectural elevation. And., then, you have five single family detached homes, again, with individual architecture. So, you're next door to single family housing with distinctive architecture. You're coming into higher density, but you're repeating the language and the character of the surrounding neighborhood, plus these three homes meet with three homes and these three homes on this side at least meet with three home building structures. This density is more intense, but the way this has been designed is to insure privacy for the existing neighbors and privacy for these neighbors, because privacy is a two way street. So, the dark green in the site plan represents the private outdoor open spaces. The light green is public common or front yards and, then, the way that the E Meridian City Council April 1, 2008 Page 35 of 51 1 homes are shadowed, this darker color indicates where the two story section is and the lighter color indicates the one story. So, even along the southern boundary we have one story and, then, between the second story and the property line on both the north and south borders, there is 30 feet. Also, if we look at the rear elevations -- I think we can ~' slip to here. The way the rear one story comes up, the roof slopes back down here to meet the second story. So, we have a full egress window on this back wall, but you're using the roof to provide privacy for those bedrooms and also privacy for the neighboring yards. So, it's through those types of design tools that we try to incorporate a higher density, but to make it compatible with the existing neighborhood and to make it really neighbor friendly. So, again, this is an example of different elevations that can be seen. It's conceivable, I think, to come up with four more, five more, and have all of them be very distinctive. Do you want to do the animation perhaps or -- oh, here we go. There is music that goes with this, but I won't sing for you and I understand that you can't hear the music, so this is a -- just under two minutes. And we are starting looking I ~' at our directional travel entrance. This is like a roundabout, so this car coming out can is only go to the opposite side. You drive around a tree island to come in. This is public right of way. At this point we are crossing onto a private street. This is single family ~~ detached. This is single family detached. This is a twin. And this is the pergola onto Linder for the southern side.. Here is a twin and here is a twin. When you're looking at one of these you can only see one front door. So, now we are on Linder Road. This is the sidewalk along Linder. Here is the southern pergola enfiry. Along the backside of the rock wall is the interior walking path for the neighborhood. This is the walking path along Linder. This is a plaza area with a fountain on the other side. It's a place to stop and talk. Play in the water if you have kids. This is the second pergola entry on the north ~ ' side. Again, this is a twin. And we are approaching -- 'here is our example of our ` ~ driveway. Garage is in the back. Here is our pool and cabana area. Barbecues in the i ', back here. I think this will probably restart itself. Villas @Lochsa Falls. Anna, if you have that menu up, I would really like to show that knuckle. I think there is some questions about that. This one. The enlarged travel plan knuckle right here. Please. ' ~' Okay. So, what we have drawn here is the Cedar Grove coming in. These are the ~ ~ existing driveways, as best I could do with the aerial photograph. This is Moose Creek. i ' believe there is a stop sign here. And so there are -- there is 30 feet of lineal frontage I ~ for the right of way into this property. This property remains unannexed and as it is ' currently in use for single family residence. After talking with John Overton, police, and Mr. Silva, fire, talked about adding striping just to indicate to the driver that this is narrowing down.. There is a fence here. But the idea is you would drive in, single lane ~ direction, drive around. If you were to come out or drive through if you were to go in. This is some of the guest parking for the interior homes that don't have the guest parking tandem style like we have proposed. And, then, again coming out, if you're here you have got the ability to see all the way through from a vision triangle. So, the vision triangles, turning radiuses, traveling slow, coming in and out, all of these things were taken into account with design and we have tried to address those things as well. So, again, our context was we have a school. We have neighborhood commercial down the street. We have L-O up the street. We are next to Linder. We can't have access from i ' Linder. I believe that's a good thing. We are trying to be a good neighbor to Lochsa Falls, but be distinctive, but carry the building and quality tradition that that ~; :;. .i ~~ Meridian City Council April 1, 2008 Page 36 of 51 neighborhood has already established and try to create rear loaded garages without being able to rear load and also create several amenities for neighbors living here. Again, we have our -- our walking path which we have talked about. We have a plaza here with a fountain. We have our exercise and gathering area here and a clear distinction between public and private. Front doors facing front doors. Backyards faces -- each home again has a private courtyard for that intermediate outdoor-indoor space. Strong front porches for people to get to know each other. Be happy to stand for questions. De Weerd: Council., questions? Bird: Madam Mayor? De Weerd: Mr. Bird.. Bird: Is there any chance that we could get a detached meandering sidewalk on the Linder Road side, like is up and down the road there? Do you have enough room to do that? Grime: What I'm showing here is -- this is a detached walk and Iwould -- Scott Stanfield, our civil engineer, is here as well and I believe what we have drawn is what is currently being built, but I'm not sure. Can you address that question or -- what I know is that Linder Road is currently under construction by ACHD for improvement. So, could you answer that question that I -- De Weerd: We will ask Jay to come up when you're done. Bird: When you're done. Grime: Okay. That will work. That would be the best way. Most concise way to do that. There is -- in my opinion, there is room to meander that with the landscaping that we are proposing and not push into or alter the design solution here with this idea of a berm and in your staff report and also with Anna's files, I do have cross-sections of what that berm looks like when you're walking down, if you want to understand those special relationships, so -- De Weerd: Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: First, I'd like to comment that the fly through graphics, really good -- give a good concept of scale and appearance and depicting a few people in it, you know. Grime: They even moved. Did you see that? Meridian City Council April ?, 2008 Page 37 of 51 Zaremba: Yeah. I saw that. That's not only fascinating, but very helpful. I think that's a neat use of technology. Two -- well, actually one question and, then, a suggestion. I'll make the suggestion first. You may find at some time that you might want a small attractive sign there that says private street, no outlet, or something like that at that point, so that you don't get a lot of people driving in and getting stuck. Grime: Trying to get to Linder. Zaremba: And, then, the question is has this distance been measured to make sure it satisfies the cul-de-sac length for fire department and whatever the length is that they don't want to go any further than? Grime: Councilmember Zaremba, Madam Mayor, absolutely. Zaremba: Okay. Grime: We wouldn't have gotten near this far without going through all those technical hoops. Yeah. Zaremba: I figured it had been done. Grime: Yeah. We have got it dialed in as closely as we know how. Zaremba: Thank you. De Weerd: So, you pass the muster on fire trucks.. Did you also pass the muster on garbage trucks? Grime: According to the staff report, yes, but I haven't received any specific comments telling me no. So, we do meet the inside and outside turning radiuses for fire trucks and vehicles. If the garbage truck requires more than a 48 or less than a 28, I'm not aware of it. I believe we do unless they have got standards that I'm unaware of. De Weerd: And you will be using individual toters or totes? Grime: Uh-huh. It would be a curb side pickup. De Weerd: So, if I have a party there or a picnic or a barbecue, where are my friends going to park? Now, I saw you had two different areas with six parking spots each. have more than that -- I have more friends than that. Where are they going to park? Well, I pretend I have more friends. Okay. Let's just make believe I have more friends than that. ' , Grime: Okay. I'll come. ~~ ~. ~1 1 I Meridian City Council April 1, 2008 Page 38 of 51 I'', De Weerd: Okay. is Grime: So, the idea is there is a parking island here and there is a parking island here for guests. If I live in this home, then, I -- and I park in -- and also with the CC&Rs for the neighborhood, which there would be as part of the condominium plat, as well as the development agreement, I have my two cars parked here. I have parking -- if you measure this there is actually parking for three, but the idea that there is parking two tandem here, I get the teenagers that park sideways -- we are really looking at this. And, then, friends come over and they -- and they park here or here. This being guest ' '' parking specifically for events or for people visiting., it is not for overnight. That is where you park. The street parking is restricted based on ACRD requirements regardless of the private street factor. These are 24 feet, plus the four foot walkway. You know, you're " ' too narrow to park on either side of this street. So, parking does occur either here at the home or here in these -- these guest pockets. This is no parking. And the private streets are no parking. In the event that you're going to have a very large party, I think maybe ,' the CC&Rs could address that you need to let your neighbors know, so you don't have more than one large party at a time. De Weerd: Well, certainly everyone there will have to schedule their parties with each other, because there won't be very much parking from the I'ooks of it. Grime: Yeah. I live in a old single family neighborhood with a lot of in-fill and most of the parking we get is for garage sales on Saturdays. We just -- I think it depends probably on your -- you know, who is living there., how often are you going to have a large gathering. I think you could coordinate it with your neighbors. I think we exceed what the code requests for guest parking.. It's not a community event center, I agree. De Weerd.: Any other questions, Council? Bird: I have none, Mayor. De Weerd: Okay. Thank you. Jay? Walker: Madam Mayor and Council, Jay Walker, Brighton Corporation. 12601 West Explorer Drive, Suite 200, Boise, Idaho. De Weerd: Thank you. Walker: To address where we are on that roadway improvement project -- and Christie Richardson from ACRD is here and she also is the project manager on this project and has been a great help.. We are improving that area and providing quite a nice face lift to the whole region, including two signals on either end of this. If I understand, 555 North ' Linder Road -- is that 5555 North? So, that's right across from the Rocky Mountain High School and Katherine -- Ms. Katherine Nelson's property. Is that where we are discussing? In our agreement with them ACHD committed to a seven foot attached sidewalk to have the least amount of impact to her property as possible. We have -- we Meridian City Council j April 1, 2008 ~ ', Page 39 of 51 ,, have done some preliminary preparation work bringing in three-quarter -- it is prep'd in rough stage right now. We will be -- well, we are kind of waiting for the weather to warm i ~ up just a bit more, so we don't have to use blankets and increase cost there. So, I perceive pouring that sidewalk here in the next week. If there is going to be a change it needs to happen very quickly if you want it detached. But currently on Ms. Nelson's property at her request and the negotiation between ACHD asking her, that is on that ,. out parcel an attached sidewalk, seven foot, so -- but we can certainly make a change if ~, the city requested that. Not too late. Bird.: I just think it looks nice, Madam Mayor, but -- Walker: It's detached on either side. '' Bird: If it's detached and if that's what the neighbor wants, I mean I don't have no problem with it. I just like the detached where you wander, you know, and I think it's safer, too. Even though there is a bike lane across there, how many -- between it and the cars -- you go back to that last one, it's right at the bike lanes there and, then, you're ;) out in the traffic. Right there. And, then, you're at the sidewalk, seven foot sidewalk. Walker: And we are attached directly to the north of Ms. Nelson's property and -- did say attached? I meant detached. We are detached directly to the north and attached on the t_ukehart property. Bird.: I knew you were detached north. Walker: Directly south. Bird: I know you're detached north of it. That's all I was asking and it's -- it's -- it's not a decision maker forme, so -- Walker: Okay. De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Stanfield: Real quick. Scott Stanfield with -- De Weerd: I'm sorry, Scott, can you say that -- Stanfield.: In the mike? De Weerd: -- in the mike, please. Not on the way up. Stanfield: Scott Stanfield of Mason Stanfield Engineering, 314 Badiola in Caldwell, project engineer. Really nothing to add. I'm must here if you have any engineering questions. You talked to Jay about the detached versus attached walk. There are no Meridian City Council April 1, 2008 Page 40 of 51 unresolved engineering issues that come to my mind and I will add we have got several hundred parking places across the street, for what it's worth with the school. De Weerd: So, you want them to jaywalk? Stanfield: No. We have a signals north and south of us. De Weerd: Jay, that was no pun intended. Stanfield: So, with that I'll stand for any questions on behalf of the applicant. Bird: We don't want jaywalkers out there, uh? Stanfield: We do have signals north and south of us. De Weerd: Council, any questions for Scott? Borton: No. Thanks, Scott. Stanfield.: Thank you. De Weerd: Thank you. If you will, please, state your name and address for the record. Rennison: Madam Mayor and Council Members, John Rennison, 430 East State Street, Suite 14, in Eagle. Just -- so, I'm here representing the Renny Lukehart to the south and we just had a -- some questions, I think, on the -- about the circulation. Canning: The -- Rennison: Yeah. The knuckle. Knuckle slide there. I guess one of the' questions we have is we are just -- actually, probably need to apologize a little bit, we are not quite up to speed here on all the details, which is okay, but we are looking at some of the information here for the first time here this evening. But, generally, not in opposition to the application here, just trying to discern more certain information. So, who the heck can tell me if the knuckle is public or private? Is that -- it's all public? Okay. So, I think that was one of our main concerns, just -- I heard somebody mention private and wanted to make sure that they don't preclude the Lukeharts from being able to do private or public to the south for the parcel and I think that's really -- De Weerd: I believe that the private starts right there. Rennison: Okay. Great. So -- De Weerd: All of that is public to the road.. Meridian City Council ' ~, April 1, 2008 Page 41 of 51 Rennison: Great. Great. And I know they have -- it looks like pretty hard to not impact the Lukeharts' use, which, you know, they don't presently have plans to develop that, but, of course, you know, one of the comments would just be that -- that in consideration ' of that design that we don't -- we don't back them into a corner there on trying to marry in with that and I don't know what the answer is, just looking at it for the first time, but I'm sure that these guys know what they are doing and we won't end up with that ~' situation. But if we could add that to the record. Thank you. De Weerd.: So, they have that piece right there? Rennison: That's correct. That's correct. That's the Lukeharts. Correct. So, we just want to preserve the building to do either/or and I think it can be accommodated by this design, but just haven't studied it enough to know for sure, so -- maybe Scott could answer that directly already. Thanks. De Weerd: Thank you.. Bird: Madam Mayor? Sir. De Weerd.: I'm sorry. Mr. Bird. Bird: Does that go -- does Lukeharts go down to the corner? Rennison: That's -- yeah, there is -- so this is -- Bird: They go down to the corner? Rennison: -- about three acres and they own three acres to the south. Bird: And it goes right to the corner? Okay. Rennison: Well, which corner are you referring to? Bird: McMillan. Rennison: No. No, it does not. It's just -- just -- just three acres. So, if we -- it's the other white piece -- Bird: That's -- okay. It's right there. Rennison: Yeah. If we get back to that other -- to your zoning slide, it's the other RUT. There you go. There you go. That's -- that piece. Bird.: Okay. De Weerd: Thank you. Meridian City Council April 1, 2008 Page 42 of 51 Rennison: Thanks. De Weerd:: Okay. Is there anyone else who would like to provide testimony? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: This is just on the last comment. The one thing that would, essentially, be etched in stone is that their access would be a portion of what we have already looked at. They -- the southern most property will not have any access. You'd end up taking the striping and candles away and extending this across and that would be where the access to it would be. Bird: No. They got another one. Go back to the site -- right there, Anna. See, they got -- they got a couple of roads south of it. They got a -- De Weerd: No. Bird: Yeah. Right there on the -- that's a road right there. Zaremba: That's a cul-de-sac. Bird.: Comes around -- De Weerd: No. I think the knuckle's intended to give them their access. That's -- in your concluding remarks that would be good. Rennison: Yeah. This parcel doesn't -- doesn't -- this is a -- would be a primary access. De Weerd: That would be their access. Rennison: That's correct. So, again, just -- there just needs to be some thought put into how that would be -- how that would possibly be expanded to the south. It looks like we are pretty darn close, but we just don't want to preclude being able to do either/or, public or private, into the development. That's the primary concern. De Weerd: Okay. Any other questions? Rennison: No. De Weerd: Okay. Final wrap up remarks. Grime: Again, Evelyn Grime. And realize earlier I didn't state my address. My company is .Place Design and Planning. Address is 100 Main Street. 83702. Meridian City Council April 1, 2008 Page 43 of 51 De Weerd: Thank you. Grime: So, talk about our knuckle, which is an Evelyn term, not an ACRD term, not a code term, Ijust -- it looks like a knuckle to me. So, the idea is that this is all public right of way. This tree island would exist under license agreement with ACRD and this right of way length to the public right of way Cedar Grove, remains in effect specifically so that should they choose to develop their property differently than its existing condition, the striping would go away and the design of this knuckle would, then, expand, whether it kept the same radius or had to modify slightly, depending on how you took access into this parcel. Now, we have chosen to come in and take access at a 45 degree angle. That is -- that does not say that they have to do the same thing. But their access would come off of this public right of way. At that point a full cul-de-sac or circle. And at that time this tree island could be revisited by ACRD through license agreement to either expand to continue to control this traffic or if there was a safety concern at any point -- again, under a license agreement it could be taken away. My concern as a planner and a driver is that if I have got a straight shot across this, I'm not going to slow down for much. If I have something to look at, I have something in my way and I go around it, I'm going to slow down, I'm going to pay a little more attention. Also, I think it's a really nice feature. I admit as an architect I'm just not so crazy about asphalt. So, when I'm looking at 110 feet across of asphalt, I always think, boy, we could do something there in the middle that would be so much nicer. De Weerd: Having driven with a planner I understand your statement. Grime: And I think one other question, if I may, Madam Mayor, is Councilmember Bird asked about the meandering sidewalk; correct? Okay. And if we could switch back to the landscape plan, perhaps. I think there is opportunity and surely Scott and I can put our heads together and come up with a solution for you. But I think there is opportunity at the ends of this landscape buffer to take this sidewalk perhaps and., you know, meet it. You definitely want to meet and be consistent. And maybe it meanders into this point and., then, it comes down and straightens out, remains in a detached fashion, in my opinion, simple because of safety and appeal. Nice to .have that nice landscaping, especially if you're on your bike and you fall. I like that landscape cushion. But there is an opportunity here and here to meander that and to continue that effect and just softly straighten it out along the center part and, then, go back. I think there is a design solution in there that could be worked on, if we -- given approval and given the confidence to move ahead, I suspect we would want to move with -- work with ACHD very quickly to maybe implement some of those changes. De Weerd: It sounds like you would need to quickly implement those changes. I guess we'd have to ask Christie on that. I guess I agree with Councilman Bird. Anytime we can get a detached sidewalk -- I watch kids on Fairview walking to school and it's frightening. And I know they are middle school students and not as mature as high school students, but I have also seen high school students walk to school as well on ~i. ~. ~' Meridian City Council April 1, 2008 Page 44 of 51 Linder. And so, you know, that -- that is a concern and certainly the additional buffer is helpful. Grime: Better. And I have actually been graceful enough to fall on my bike. So, grass is always a good thing. De Weerd: Okay. Grime: Any other questions? De Weerd: No. Thank you. Canning: Madam Mayor? Oh. De Weerd: We better have Christie make a comment. Richardson: Thank you, Madam Mayor, Members of the Council. Christie Richardson representing the Ada County Highway District, 3775 Adams Street, Garden City. De Weerd: Thank you. Richardson: We are at a point where I do think it's too late to change the design for the sidewalk, because the Nelson property, which is this property we are talking about this evening and the Lukehart property, were both out parcels. ACHD did have to work with the property owners, not the developers, to acquire right of way and in doing so we could only go with the minimum amount, which would be for the seven foot attached sidewalk. And so there is a possibility of that north end, as Evelyn suggested, that we could detach a little bit to swing out, which we might be doing in that design already. On the south end., though, it's the Lukehart property where it will remain an attached sidewalk, again, because it was an outparcel and we had to acquire that right of way. So, we can certainly look at the north end to see where we can work, which I'm assuming is already in the design plans anyway, but the south end we can't make any changes to. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Christie, does the south end -- is it the Lukehart property? Richardson.: Uh-huh. Borton: Is it detached at Lochsa Falls south of that, right -- is this detached? ~i ~' Meridian City Council April 1, 2008 ~ ~, Page 45 of 51 Richardson: That's detached sidewalk. Correct. So, we just have these two small segments -- two properties with the attached and for the most part the rest of the project is all detached sidewalk. Borton: Madam Mayor? De Weerd: Yes. Borton: Was the intent to connect the attached to the detached on that southern portion -- Richardson: Correct. Borton: Okay. Bird: We tried. Richardson: Thank you. De Weerd: Thank you. It was nice that the developer had an interest in working with Mr. Bird there. Anna, did you have an additional comment? ~' Canning: Madam Mayor, Members of the Council, I just wanted to comment on Mr. Rennison's comments. I did misspeak during the presentation and I wasn't sure if this ! ~I was public or private. There are clearly two options for the south property. One is to come in and do the full cul-de-sac as Mrs. Grimes mentioned., but a true knuckle -- which we actually use that term in our ordinance -- would be one where you would see almost a 90 degree turn and, then, this -- just this portion becomes the knuckle up there. So, they even bring a public street in at an angle or -- there is a lot of flexibility there, ', given their current of right way that exists on their property. So, I think there is plenty of opportunity to have either a private road system or a public road coming into the ~. property. De Weerd.: Plenty of choices. Canning: And landscape islands are required in knuckles also., so -- De Weerd.: Okay. Any further questions from Council? And the applicant has said their final word; correct? Okay. Well., Council, if there is no more testimony, do I have a motion to close? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird.: I move we close AZ 07-002, PP 08-002, and CUP 08-003. Meridian. City Council April 1, 2008 Page 46 of 51 Borton.: Second. Zaremba: Second.. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Items 17, 18 and 19. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Bird.: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 07-002, request for annexation and zoning and to include all staff, applicant, and public testimony. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 17. Is there any discussion? Madam clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 18. Bird: Madam Mayor, before I make the motion, this is where we would add the -- modify 1.1.2 and 1.4.1 is in the preliminary plat, wouldn't it be? . Canning: Madam Mayor, Members of the Council., Councilmember Bird, no, that was already done.. That was done before between Planning Commission and -- Bird: Okay. Then -- Madam Mayor? De Weerd: Yes. Bird.: I move we approve PP 08-002, the preliminary plat, and to include all staff, applicant, and public testimony. ~ ~' Borton: Second.. ;. l' 1. ;~ k ~ k ~I l' I ` Meridian City Council April 1, 2008 Page 47 of 51 De Weerd: Okay. I have a motion and a second to approve Item 18. If is there no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 19. Bird: Madam Mayor? De Weerd.: Mr. Bird.. Bird: I move we approve CUP 08-003, the request for a Conditional Use Permit, and to include all staff, applicant, and public testimony. Borton: Second. De Weerd: I have a motion and a second to approve Item 19. Seeing there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. De Weerd: Thank you. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 20: Public Hearing: Outdoor Sales and Temporary Use Permit Ordinance: Item 21: Ordinance No. Outdoor Sales and Temporary Use Permit Ordinance (1S Reading).: De Weerd: Item 20 is a Public Hearing on outdoor sales and temporary use permit ordinance. I will open this Public Hearing and ask for staff comments. Canning: Madam Mayor, Members of the Council, I packed up, I was ready to go home. I'm sorry. Forgot there was one additional item on the agenda. De Weerd.: Yeah. You're not eager or anything, are you? Canning: You have had a presentation two times about the temporary sales -- outdoor sales and temporary use permit ordinance.. If there are folks in the audience that are new to it, I can give a presentation, but, otherwise, I was going to pass. And there are a few people --