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July 1, 2008 C/C MinutesMeridian Ciry Council July 1, 2008 Page 7 of 34 De Weerd: I have a motion and a second to close the public hearing on Item 9. All those in favor say aye. All ayes. Motion carries. _ MOTION CARRIED: THREE AYES. ~ ONE ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve Item 9, SHP 08-004. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9. Is there any discussion? Bird: I have none. De Weerd: Okay. Roll call vote. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTIDN CARRIED: THREE AYES. ONE ABSENT. Item 10: Public Hearing: SHP 08-005 Request for Short Plat approval to create 2 building lots on 1.05 acres in an L-O zone for Cammann Park Subdivision by Todd Meyers - NEC of NW 8th Street and Cherry Lane: De Weerd: Okay. Item 10 is a public hearing on SHP 08-005. I will open this public hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. Item No. 10 is also a short plat for the Cammann Park Subdivision. It's located on the northeast corner of Northwest 8th Street and Cherry Lane. Here is an aerial view of the site. As you can see, one of the areas of the short plat -- one of the lots is already developed with an existing professional office building. They are proposing to develop the remainder area with another professional office building just to the east in this general vicinity here. They will be using fhis driveway as a shared access, as well as that -- excuse me -- that other driveway over to 8th Street for both lots within the proposed subdivision. This does have the two lots. Staff is recommending approval. We did receive testimony today from Ada County Highway District, a memo from Christie Rich -- or Christie Little, excuse me. And the memo states that they may in the future restrict one or both of these access points to the adjacent roadway due to traffic volumes and/or injuries. They are approving them at this point, but they just wanted to put that out there, that they may restrict those in the future. Really, the only issue that we have for you tonight is the question of landscaping adjacent to the existing lot. The landscape plan that staff received only included this lot within the plan, so fhere wasn't a plan showing what Meridian City Council July 1, 2008 Page 8 of 34 landscaping existed along the other required street buffers along the street and the applicant is requesting that that existing landscaping just be remain to stay. So, that's a question, I guess, for Council. That condition of staff is included in the staff report as Condition 7-A, which has to do with landscaping. And the applicant is here tonight and they did submit written comments to that effect, too. The other two comments they have in their letter, I think we have worked through and can accommodate those requests and with that I will stand for any questions you may have. ~ De Weerd: Council, any quesfiions for staff at this time? Bird: I have none, Mayor. De Weerd: Okay. Is fhe applicant here? Hi. Meyers: Thank you, Mayor. De Weerd: If you would, please, state your name and addresses for the record. Meyers: Todd Meyers. 645 Hickory Lane. I work for Morgan Development and we are fhe ones that are developing the -- what would be the new lot. This parcel was put together, oh, roughly 20 years ago and that's when Meridian Dental was built in fhe mid '80s and as you can see they do have some landscaping, which exceeded the requirements at the time, but they do not meet today's requirements. And so I do have some photos that I'd like to talk about that. The first lot here is 7/10ths of an acre and, fhen, the one that has just been weeds and dirt for the last 25 years, is roughly about 4/10ths of an acre. And so you have a family dentist that will be right next to an endodontist. So, the root canal doctor will be there. As you have seen on the plat, in addition to the two lots, we did plat in easements that -- so, that we will use the existing access. No additional access will be required. There is also, for Lot 2, it will be granted access going across in front of Lot No. 1 to get out to 8th Street and, then, through number two is the access for Lot No. 1 to access on through, just in case those access points are ever changed, it has more flexibility or even just if the property further to the east ever redevelops it gives the city more options as far as how to handle traffic flow there. The other easement here is for parking for Lot No. 1, as may be seen on the photo that that's where they have been parking on top of that dirt for the last however many years. Being a family dentist, they need a lot of parking. The endodontist has its required parking and all of its parking it needs near the street frontage. As menfioned earlier, the lot number one's parking does not meet -- or landscaping does not meet today's standards. I did go over and take some photos and so I'd like to enter those into the record, if I could. De Weerd: Okay. Can you put those up on the overhead? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council July 1, 2008 Page 9 of 34 Bird: Could I ask Mr. Meyers a question? De Weerd: Uh-huh. Meyers: Yes. Bird: Your drive fihrough, that is a-- fhat's a driveway for the duplex or four-plex there next to it. You will shut that off on the east end there, won't you? There is no way they can come out right there? Meyers: There is -- fihere is a chain link fence fhat goes right there, Councilman. Bird: You will leave fhat there so they can't come out? Meyer: Yes. Hood: Madam Mayor, Members of the Council, I'll still work on this. I have got it to pop up, I just need to fiigure out how to get it on the screen up there and with these dual monitors I haven't worked that in awhile, so give me a second or if you have -- I can pass these around as well. I will work on it, but it may take a minute if I'm able to make it work. De Weerd: Okay. B'ird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: While he's standing up here, I-- I am quite familiar with this corner. Their existing landscaping on that dentist office there I think is very nice. I realize it don't -- isn't up, probably, to our standards of today, but I think it's very nice and very atfiractive corner foc us. I know you're going to landscape over in front of Lot 2. Do that up to standards at this point. Meyers: Yes. Councilman, on Lot No. 2 I believe we were required to have about two trees going across here. We have four trees and, really, close to about a hundred bushes fhat go in that area. To the north we have four more trees. And there is only two windows that look to the north, but those four trees will do a great job buffering the residential to the north. B'ird: Personally, I have no problem with the existing landscaping on Lot 1. Lot 2 fhey can bring it up to our existing standards now as they do it. De Weerd: While you're trying to figure that out, if you will kind of tell us what you're requesfing for consideration. Meridian City Council July 1, 2008 Page 10 of 34 Meyers: As you look at those photos, of course, you will see fhat it doesn't meet the widfihs that you would have today. However, the nice thing is they are 25 year old trees and so you may not have the landscaping on the ground, but you definitely have it up in the air. And so you're going to be able to see the ones that are going along that ten foot wide strip along the sidewalk. Those trees overhang the cars. Now, how nice would that have been over this past weekend with how hot that sun was to have been parked underneath shade. And, then, on the corners you can see here -- this is at fihe corner of 8th Street and Cherry, you can see there we do meet the requirement and we exceed it and it also helps with clear sight triangle. A little bit harder to see off of the east entrance, but, again, that landscape island comes all the way to the rear of that car and, again, there is a big mature tree there. So, as you're driving down Cherry, you're going to have, basically, the image of a larger landscaped area. The mature trees in this area here, you can see them off this photo, if you look real close, you can see that they overhang the rear of those cars. In addifion, fihere is mature landscaping in front of the building, which -- I mean I guess if there was -- if we had to change, we'd end up removing those trees to push everything to the north, so that we could get the landscaping down here along the street. But I think what -- how the trees have matured, it really has come out looking very nice. The other thing you can't see because of fhe red line here, is there are some large evergreen bushes and so as vehicles pull in here, especially during the wintertime when you have dark more frequently, headlights are going to hit those bushes and so it really does a nice job to buffer the residential. B'ird: Madam Mayor? De Weerd: Mr. Bird. Bird: That's at least ten feet there before you hit the parking lot, if not maybe a little more. Meyers: Yeah. It's -- Bird: And we want to remember fihat corner is very -- during the school year is pedestrian occupied pretty heavy, because that is -- a middle school sits right across -- caddy corner across firom that building and that corner is. So, they have got that cleaned, so you can see -- you have good, good view to the northwest coming from the east and, of course, from the west you got good views. So, I think it's attractive, according to myself. Meyers: The ofher thing, if I could, Councilman, is on 8th Street, which leads into the residential area, we do exceed the requirement and, again, we have mature trees that are over on that side of the building. Bird: You're all grass back there, aren't you? Meridian City Council July 1, 2008 Page 11 of 34 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: My comments would be along the same lines as Councilman Bird. While I agree with the current code, and its applicabilify where ever we can get it, this already does have mature landscaping that fiits in nicely. ~ To really solve the problem and bring it up, you'd almost have to have them move the building back about ten feet. So, I don't think there is anything gained by changing that portion and I agree with -- on building lot two, if that's what you call it, but that should comply, but I'm happy to waive it on Lot 1, if that's what you have offered. De Weerd: Okay. Council, we will go ahead and if -- do you have any further comments? We will go ahead and hear the rest of the public testimony, if there is any, and if we can get what you had to show up on the screen, we will try to continue to do that. Okay. This is a public hearing. Is there anyone who would like to provide testimony on this application? ~ Baird: Madam Mayor, perhaps we should offer to show fhose picfiures to anybody who wants to see them, so we can just move forward and then -- Zaremba: We did have the opportunity to see the hard copies and they are right here with the clerk, if anybody wants to see them. De Weerd: Is there any member who would like to see fhese pictures? Zaremba: Madam Mayor? De Weerd: Okay. Mr. Zaremba. Zaremba: Having heard staff and applicant testimony and given the public the opportunity to testify, I move that we close the public hearing on Item 10, SHP 08-005. Borton: Second. De Weerd: Okay. I have a motion and a second to close the public hearing on Item 10. All those in favor say aye. All ayes. Motion carries. MOTION CARR1'ED: THREE AYES. ONE ABSENT. De Weerd: Any discussion? If not, do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council July 1, 2008 Page 12 of 34 Zaremba: I move we approve SHP 08-005 with the note that the landscaping on the existing lot may be kept up in its current condition. Borton: Second. De Weerd: I have a motion and a second to approve. Any discussion? Okay. Madam Clerk, roll call. . Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: I#em 11 is a public hearing on -- Zaremba: Madam Mayor? Basterrechea: Madam Mayor? Zaremba: Before you open that, I believe we have a police matter to deal with. Basterrechea: Lieutenant Colaianni just came in and I have been notified that we are in violafion of an ordinance. Apparently we have a 49 year old grandmother who really should be celebrating her birthday at home with her family and they are actually waiting outside for you. So, if we have to escort you out, we will, but we don't want it to come to that. Borton: She's resisting. De Weerd: What a railroad job is that. Zaremba: I think she needs the full attention. Bird: Get out. Borton: Come get her. Bird: Good-bye. De Weerd: Was that a choice? Basterrechea: I had Lieutenant Colaianni bring his tazer just in case. Bird: Have a good time. Meridian City Council July 1, 2008 Page 13 of 34 Zaremba: Happy birthday and congratulations. De Weerd: Okay. Since I haven't opened the public hearing, I would say that Council, just for the record, I am in favor of it. Item 11: Public Hearing: AP 08-003 Request for City Council Review for an Appeal of Director's Determination to deny alternative compliance to allow a portion of the former ldaho Truss site to be used for shared parking for the Broadway Inteqrated Proiect (CZC 08-018) by Ward Schwider - 130 E. Broadway Avenue: Zaremba: Okay. Now that we are in compliance, I will open the public hearing on Item No. 11, AP 08-003. We will begin with the staff report. Mr. Hood. Hood: Thank you, Mr. Vice-President, Members of fhe Council. This item is an application to appeal Anna's determination for some off-site shared parking in Old Town. As you can see on the map, we have highlighted the two sites that are in question. The one in red actually includes the adjacent parcel, 130 and 132 East Broadway and they are proposing to use some parking at the old Idaho Trust -- Idaho Trust site for -- to meet the required parking. The applicant applied for the alternative compliance, because they didn't want to provide the required on-site parking for the subject mixed use project. The planning director denied fhe alternafive compliance request, because in Old Town the alternative to providing the on-site parking is to pay the MDC in lieu fees. Anna was given the direcfion by the Council and through the resolution that was adopted last year to require all Old Town projects to either provide a combination of providing ~on site and in lieu fees or just provide all on site. That is the alternative in Old Town. So, her decision was based on that -- those two things. Shared off-site parking was not an option, so she denied the application. The appiicant has appealed that decision to the City Council. So, with that I will stand for any questions. Zaremba: Council, any questions? Bird: I have none. Zaremba: All right. Thank you. Is the applicant here? It's your turn. If you will, please, begin by stating your name and your address for fhe record. Schwider: Hi. My name is Ward Schwider. I'm the applicant, the owner of 130 and 132 projects in downtown Meridian. My address is 1716 North 32nd in Boise. The question here -- the issue here is fhe fact that we have two sites, 130 and 132, in downtown Meridian. 132 is the old McFadden Market and the Meridian Exchange Bank and it's an existing building that -- I guess I have a picture right here. And we want to rehab this existing -- existing building right here and, then, add on 130, which is a new four story building right next to it. We have all the engineering done and we want to get that under construction. But fhe in lieu fees -- well, my partner is a co-owner of the property across