Loading...
HomeMy WebLinkAbout04/18/2006 City Council MinutesMeridian City Council ~ • April 18, 2006 Page 19 of 99 De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Pretermination Hearing for Rozann ~ Douglas Anderson, 52 Rose Circle: De Weerd: Item 8 has been withdrawn from the agenda. Item 9: Continued Public Hearing from March 14, 2006: AZ 05-057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C-G zones for Bienville Square Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: Item 10: Continued Public Hearing from March 14, 2006: RZ 05-019 Request for a Rezone of 10.05 acres from C-G to R-8, R-15 and C-G zones for Bienville Square Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: item 11: Continued Public Hearing from March 14, 2006: PP 05-059 Request for Preliminary Plat approval of 54 single family residential lots, 22 multi- family residential lots, 14 common lots and 7 commercial lots for Bienville Square Subdivision by. Red Cliff Development, LLC - 2935 North Eagle Road: Item 12: Continued Public Hearing from March 14, 2006: CUP 05-052 Request for Conditional Use Permit for Mixed Use Regional project within 300 feet of a residence for Bienville Square Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: Item 13: Continued Public Hearing from March 14, 2006: MI 05=013 Miscellaneous request for a Private Street application for multifamily and commercial development for Bienville Square Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: De Weerd: So, I will go to Item 9, which is a continued Public Hearing from March 14th on AZ 05-057. twill also open 10, 11, 12, 13, 14 -- no. Fourteen. Nary: Not 14. Canning: Not 14. De Weerd: As well. With staff comments. Canning: Madam Mayor, Members of the Council, you heard the Bienville Square application on March 14th and at that time you asked the applicant to come back for more details on the architecture of the residential and commercial buildings on the site and also to provide more information about the cross-access through the property to the Meridian City Counal Apr1t 18, 2006 Page 20 of 99 • north. So, the Bienville property includes this portion that's already annexed and, then, this unannexed, unzoned portion here. So, with that I will answer questions Council may have, but I think that what you really wanted to do was hear from the applicant and, then, you still have the question of the variance to consider after this application. De Weerd: Okay. Is the applicant here? Thank you. If you will, please, state your name and address for the record. Unger: Madam Chair, Councilmembers, my name is Bob Unger, I'm with Redcliff Development. Our address is 787 East State Street, Suite 125, Eagle. 83616. And, Anna, do you have that -- Canning: Did you give me a disk? Unger: Yeah. I brought it in this morning and gave it to staff and they loaded it on your computer. I hope. Canning: Okay. Sony. Just a moment. De Weerd: Okay. And for the record, Council, as Anna does that, you do have a number of letters in front of you that the clerk's office did photocopy as they received it. Mr. Berg, will you, please, read the names of those letters into the record. Berg: Thank you, Madam Mayor. I'm just checking to make sure I had all four of them. A letter from Jim and Joan Lott. Raymond-and Kathy Tomzcak. Betty Rosso. And a whole bunch of people it looks like from their area. Has the applicant seen these? Unger: No, we have not. Berg: These are -- it looks like they all were received today. In fact, some of them were received after 5:00 o'clock today. Canning: Sony, Madam Mayor, Members of the Council. My computer blew up. De Weerd: Is it fatal or just temporary? Canning: I think it's just temporary. There you go, Bob. Unger: Thank you. Okay. As Anna had commented, in our last meeting of March 14th, the Council specifically requested that we bring back to them four or five items that they wanted some clarification on specifically and what -- that's what we have brought before you this evening. Go to the next one, Anna. One of the first things we want to show you is that there were concerns -- you wanted to see what our retail buildings would be looking like, so we have gone to BRS Architects to ask them to prepare a couple of elevations for you. This is a -- the general design of the retail buildings that we would be considering for the project. And, Anna, if you could go to the next one, please. And Meridian Clty Counal April 18, 2006 Page 21 of 99 this would be the design for the office building within the project. We haven't quite decided which of the colors that we would like to work with. Once, again, we have got this prepared by BRS for us. If you can go to the next one. The four-plex structures, I believe Mr. Rountree wanted to see a better view of what these buildings would look like. I think there were concerns about them looking more like a barracks. These are the buildings that we are proposing on the project. We have acouple -actually, four different color variations. This is blue with beige. This is a dark beige, fight beige combination. And very hard to see here. This is a -- this is a dark red and a light green combination. We also would be -- you know, we have got wainscoting along the front of the buildings. So, those are the four-plex buildings that we are proposing. If you go to the next one. I believe the last time we were -- we only had one building to show you as far as the rear load buildings. We now have these three buildings that we would be proposing along the rear load portion of the project. And, then, this would be -- these are the buildings that we would be proposing far the westem property, the westem boundary along those lots, which are our larger lots within the project, trying to breakup a -put together a nice variety. These we have gotten from Hunter Homes. And the other item that I believe the Mayor specifically requested that we bring back -there were concerns about haw we were going to have cross-access, what were those cross-access aisles through the Sadie Creek Promenade project here, which would gain us access to Ustick Road. What we have drawn down in here -- we have drawn in the specific aisles that we feel are the appropriate cross-access aisles from us to access at Ustick. We have been in discussion with Lan Barrett, who is the owner of the project - or of the property of the Sadie Creek Promenade. We are preparing cross-access documents. They are being prepared between our development and theirs to provide them -- because they will also need cross-access through our project, in addition to our needing access through their project. And, of course, this would be a public road and we are also -- what also is being prepared is a construction easement in the event that we are able move forward and develop before they are prepared to develop, so that we can go ahead and construct this road and when they go in and develop their portion, their property, and get a recorded plat, then, this would be dedicated as required by ACHD and by the city. So, we feel that we have got a very good cross-access here. We have got some room for traffic to flow over to Ustick and gain all three of these accesses and we think we have worked this out very well with the adjoining property. And I believe that covers the items that the Mayor and the Council wanted us to bring back. So, I'll stand for any questions you might have on that. De Weerd: I guess, Mr. Unger, my question was on that tot lot. Unger: I'm song. Oh, the tot lot here? De Weerd: Uh-huh. Unger. And your question was -- I'm sorry. De Weerd: Well, it's just right behind a commercial or office and I thought it was an odd place to put a tot lot so close to that kind of retail. I guess it was my impression that you Meridian City Councal April 18, 2006 Page 22 of 99 were going to look at the possibility of relocating or providing some kind of safety features to that. Unger: Madam Mayor, in - l believe we did discuss that this will be fenced. And there is a 25 foot landscape strip that's required on the Sadie Creek side and, then, we have at feast -- at least 30 feet to that point there. And we also discussed the possibilities of kind of fencing off the playground area. But this certainly would be fenced all the way up through here. If the Council wished to -- would like for us to move that, we do have other areas we could relocated it to. It's just that we have a clubhouse here. We are putting a clubhouse here. A pool here. And the parking and everything. It's all pretty well designed so that we can -- you know, so we'd have a nice playground area here and access in this area. But if it's the Council`s wish that we relocate that, we will be more than glad to do that. De Weerd: Okay. Any comments? Bird: Madam Mayor, what's your concern with it being there? De Weerd: Well, at the time I don't think we knew if there was a roadway or what the front or the back of that commercial or office and what kind of safety precautions were there. You know what can go on behind buildings that don't have any windows to them, so -- Bird: But being close to the clubhouse and the pool, I don't know where there would be abetter place, to be truthful with you, as it sits now. De Weerd: Okay. Any other comments? Did the applicant answer your questions at this point? Rountree: Yes. De Weerd: Okay. Okay. Thank you. Okay. We do have a number of people who have signed up and indicated opposition to this application. When I call your name - yes, Mr. Unger. Unger: Sony. I don't mean to interrupt, but I thought that we were tabled for these specific items only. So, it kind of catches me off guard that we are going to take more testimony. Nary: Madam Mayor, Members of the Council, my only direction was it was continued only for those items. I mean, certainly, people can comment on what you brought back, because they have never seen it before. Unger: Okay. I'm sorry. Nary: But if -- so, if the staff -- or the testimony confines itself to that. Meridian City Counal April T8, 2006 Page 23 of 99 Unger: Thank you. De Weerd: Okay. So, with those side boards placed, I do have some people who have signed up. If you'd like to provide testimony, when (call your name if you will come forward. Betty Rosso. Against. Okay. Okay. Something Town. Okay. Was also signed up and did not indicate for, against, or neutral. Okay. It is noted as against. Candy Seeley against. Okay. Linda Moms against. Adaline Chambers against. Jerry Morrisette. Against. And Billy Knorpp, Against. And I know I already asked you how to pronounce your name. Did I mess it up again this year? Knorpp: You're pretty close this time. De Weerd: Okay. Well, you printed it better this time. Knorpp: Well, I did something better. Yes. I was more careful. With two silent letters to my name it's hard to get it right. First and last letters are both silent. My name is Billy Knorpp. I live at 2972 Leslie Drive. The only reason I decided to say something this time was it appears that some of the things that were agreed to before have not actually come. So, I'm just talking about this access here and what was described before. This part right here is supposed to have, as is the whole path, a double barrier of trees all along that path. It appears they changed the drawing, so that right there there is a road going right along the path there will be no double barrier of trees, which was promised in the original fast time. That is when we met here last time, that was what was promised, that there would be a double barrier of trees all along there, just as sort of an aside, none of us like the fact there is going to be high density housing there right in back of our properties. So, a good barrier -- if we can't stop that, the minimum we need is a good barrier and that's why I say as it appears here that that was changed and along here where t'm pointing, and possibly here where this playground is or whatever it is that's there, it's hard to tell from the drawing. I'm just guessing, because he didn't actually describe any detail this time about that, of course. It wasn't his intention to do that. Nor was it the reason for this. I only bring it up, because it appears to have changed from the agreement we had fast time when you had the whole project being explained to you. So, what I would hope is that that --that there would be -- that a good barrier, which has been described before, at least we will get -- if we -- if we can't make what it was originally planned, which was light office in back of us, that at least we have a very good barrier between us and all those high density homes. De Weerd: Okay. Thank you very much. Any questions? Anna, can you tell if that has -- Canning: Madam Mayor, Members of the Council, this is the slide I had from the previous application. The orientation has shifted, but from what I can tell, it looks the same as what they provided then. So, I don't believe they have changed this layout at all since the last one. Meridian City Counai Apdi 18, 2006 Page 24 of 99 • De Weerd: Okay. And we will ask the applicant as well. But thank you. Bird: Madam Mayor. De Weerd: Yes, Mr. Bird. Bird: What -- as you go up, what's the trees showing there? That does show a double tree. See, kid, down on the -right there on the comer in the -- Canning: These? Bird: Yeah. Then over here she shows double trees. Way over. By themselves Canning: This right here? Bird: Yeah. Canning: Yeah. That was -- unfortunately, that got clipped off. I think that was a profile of this -- Bird: That's what I mean. Canning; Yeah. I think it's still in the record. Bird: That's a profile that shows along there, so there was double trees? I thought somebody had mentioned something about double trees. Canning: So, it is in the record from the commitment from last hearing. De Weerd: Okay. Is there any other testimony on this application? Okay. Mr. Unger, any final remarks? Unger; Madam Chair, Council, Bob Unger, again, with Radcliff. We have made no changes whatsoever to this plan. We still have the double row of trees with the -path in the middle of them .and, then, the wrought iron fence and the 18 foot area for the Nampa-Meridian. So, there have been no changes whatsoever made to this plan since our last meeting. De Weerd: Okay. And all you did was bring back the elevations as requested. Unger: Yes, Madam Mayor, that's correct. De Weerd: Okay. Any questions from Council? Bird: I have none, Mayor. Meridian City Counal April 18, 2006 Page 25 of 99 De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton • Borton: Yeah. One question, Mr. Unger. From the continuation of last meeting were you contacted by any of the homeowners to talk about the issues that are here today, spec~cally, the design of the residential buildings? Unger: I personally was not and I'm not aware of anyone within our office that was contacted. Borton: Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just for the record's sake, since Mr. Unger has just received these letters tonight addressed to the Council, have you had adequate time to review and you feel you have had opportunity to address -- I think the concerns have been raised previously, but I just wanted to be sure that you didn't think you needed any other time for responding to those. Unger: Yeah. Madam Mayor, Mr. Nary, I believe people from our office have gone through these and we did get a chance to look at them. I think you're right, they are just reiterations of what you heard at the last hearing. In fact, I would even question whether we could even accept these since that hearing has gone, but it's the same thing we have heard before, so we are okay with that. De Weerd: The public record was not closed, so they -- they are on public record. Unger: Okay. De Weerd: Okay. Any other questions, comments from Council? Okay. Thank you. Unger: Thank you very much. De Weerd: Anything else, Anna? Canning: No, ma'am. De Weerd: Okay. Council? Meridian City Coundl • April 18, 2006 Page 26 of 99 L~ Rountree: Madam Mayor, I move that we close the public hearings for Items 9 through 13. Bird: Second. De Weerd: Okay. The motion is to close the public hearing on Items 9 through 13. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? I do have a summary and if there is no comments, I would entertain a motion either direction. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve AZ 05-057, request for annexation and zoning of 17.25 acres from RUT and R-1 to R-8 and R-15 and C-G zones for Bienville Square Subdivision by Redcliff Development, LLC, and to draw up a development agreement and also new Findings of Facts and Conclusion of Law as -- because we have had a lot of new testimony and to include all staff, applicant, and public testimony into it. Have I forgotten anything on annexation, have I? Okay. Canning: Clarification on the motion, ma'am? De Weerd: Yes. Well, let me have asecond -- Canning: I'm song. De Weerd: - if I'm going to get one. Rountree: I'll second. De Weercf: Okay. Second for discussion. Yes, Anna. Canning: Madam Mayor, maker of the motion, just a clarification. You said a new DA and there is, actually, a DA on a portion of this, so I assume we can interpret that to mean a modification to the existing development agreement? Bird: Yes. Canning: And should that development agreement include the elevations as presented tonight? Bird: Yes, they would. Meridian City Counts! ~ . April 18, 2006 Page 27 of 98 Canning: Okay. Thank you. Bird: That's the new -and, then, with the -when we get to the P and P it will -- the new elevations shown tonight will. be part of that, won't it? Rountree: Should be. Bird: It should be. We'll include it in the motion one way or the other, Anna. Canning: Thank you, sir. De Weerd: Okay. Anna or Mr. Nary, the development agreement, as the mod cations being requested, would include the fencing, the landscaping, and all of these details that previously were committed to. Okay. Nary: Yes, ma'am. De Weerd: Okay. Any further discussion? Hearing none, Mr. Berg, will you, .please, call roll Roll-Call: Bins, yea; Rountree, yea; Wardle, nay; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Thank you. Okay. That was Item 9. Item 10. Bird: Madam Mayor'? De Weerd: Mr. Bird. Bird: I move we approve RZ 05-019, rezone of 10.05 acres from C-G to R-8, R-15, and C-G zones. Rountree: Second. De Weerd: Okay. I have a motion to approve and a second. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, nay; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weercl: Okay. Item 11. Bird: Madam Mayor? Meridian City Counal ~ , April 18, 2006 Page 28 of 99 De Weerd: Mr. Bird. Bird: I move we approve PP 05-059, request for preliminary plat approval and the preliminary plat will be the one shown on 4/18/06 Public Hearing. I don't know what the date is on the new one, but that should take care of the part. And that will do that. Rountree: Second. De Weerd: Okay. There is a motion to approve Item 11. Is there any discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, nay; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Thank you. Item 12. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 05-052 for Bienville Square Subdivision and this is where we -- in the Findings and Conclusions of Law, all elevations will be as shown in the Public Hearing on April 18th, 2006. De Weerd: Okay. Do I have a second? Rountree: Second. De Weerd: Okay. There is a motion to approve Item No. 12. Is there any discussion? Mr. Berg, will you, please, call roll? Roll-Call: Bird, yea; Rountree, yea; Wardle, nay; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. And, Mr. Bird, Item 13. Bird: Madam Mayor, I move we approve Mi 05-013, Bienville Square Subdivision, private street application, and to add all staff, applicant, and public testimony. Rountree: Second. De Weerd: Okay. A motion to approve Item 13. Hearing no discussion, Mr. Berg.