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September 2, 2004 P&Z Minutes Meridian Planning & Zoning Commission September 2, 2004 Page11of81 Hinshaw: No. No. It would just make it worse. Zaremba: But I'm hearing you say you have plan to have plenty of baking soda and some fire extinguishers? Hinshaw: Oh, yes. Yes. I have plenty of that. Zaremba: The concern would be that the age of this building and being a wood structure that you would need to act fast, of course. Hinshaw: Well, it's stucco and lath and plaster, so -- okay. Thank you. Borup: Thank you. Do we have anyone to testify on this application? Seeing none, Commission? Zaremba: Mr. Chairman, I move the hearing be closed. Moe: Second. Borup: Motion and second to close the hearing. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: As we all know, the Old Town area is a transition area and we have reviewed applications next door and around us, which we have approved for this kind of transition and I think all the questions have been answered as satisfactorily as they can be answered and I would be in favor of approving. Okay. Mr. Chairman, I move we forward to the City Council recommending approval of CUP 04-031, request for a Conditional Use Permit for a retail candle and gift shop in an O-T zone for Kathy Henshaw, Aromatic Sensations, by Kathy Henshaw, 128 East Pine Avenue, to include all comments of the staff in their memo dated for the hearing date of September 2, 2004, received by the city clerk August 27, 2004, with no changes. Moe: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Public Hearing: AZ 04-022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather Village Subdivision by Packard Estates Development, LLC - east of North Eagle Road and north of East Fairview Avenue: Item 8: Public Hearing: PP 04-029 Request for Preliminary Plat approval for 20 single family residential building lots on 4.91 acres in a proposed R-8 zone Meridian Planning & Zoning Commission September 2, 2004 Page 12of81 for Redfeather Village Subdivision by Packard Estates Development, LLC - east of north Eagle Road and north of East Fairview Avenue: Borup: Thank you. Next item is Redfeather Village Subdivision, Public Hearing AZ 04- 022, request for annexation and zoning of 4.91 acres from RUT to R-8 zone for Redfeather Village by Packard Estates Development and Public Hearing PP 04-029, request for a preliminary plat approval for 20 single family residential lots on 4.19 acres. And CUP 04-029, request for a Conditional Use Permit for -- I'm sorry. That was it. Those two. I'll stop at that. So, I'd like to open those two items, both those public hearings at this time, and start with the staff report. Hood: Mr. Chair, Members of the Commission, as you stated, the applicant has requested annexation and zoning and preliminary plat approval on 4.85 acres, generally located south of Ustick Road, mid mile between Eagle Road and Cloverdale Road. The land is designated as medium density residential on the Comprehensive Plan future land use map. The applicant has requested that all of the property be zoned R-8. To the north, to the east, and to the west of this subject site was the recently approved Redfeather Estates Subdivision No.2. This was the five-acre out parcel platted in Georgianna Milks in 1909 that Redfeather Estates went around. If you recall, Granger comes in off of Cloverdale and then -- Cloverdale is over here and it kind of shoots down and around to service the other part of that Redfeather Estates. To the south are some county zoned single family residential lots in Clovermeadows Subdivision and that is zoned R-1 and there are some -- and you can't see it on this, but there is an existing home and some outbuildings on this site that do take access to Granger currently. And I just mentioned the subject lot is Lot 8 in Georgianna Milks Subdivision platted 1909. The applicant is proposing to re-subdivide that lot into 20 new lots. The proposed subdivision includes road access via one stub street from Redfeather Estates to the west, which was Tahiti Drive right here, so they will be extending the stub street from Tahiti, which feeds up to Granger, which will be constructed with Redfeather Estates No.2. The gross density of the subdivision is 4.0 dwellings -- 4.07 dwellings unit per acre. The 20 proposed building lots range in size from 6,712 square feet up to 12,412 square feet. All housing types are single family residential. The minimum house size is 1,301 and no variance, exceptions, or reductions to the city adopted dimensional standards or uses are requested with this preliminary plat application. I did want to point out one thing in the staff report, just that Redfeather Estates does currently surround this site on three sides, the fourth side being in the county. That annexation has not been -- the ordinance has not been recorded yet. The site is currently not contiguous to the city limits, but we are processing this, because the City Council has approved that application and we are just waiting for a development agreement to be signed and recorded and, then, the ordinance to be recorded as well. So, I just wanted to point that out, that there are some provisions in the staff report that, you know, that has to happen, it cannot fail to happen, since it's approved, and so -- the other thing is the response letter from applicant dated August 30th commenting on the tiling of the ditches. I will let the applicant expand on this a little bit, but there are -- it's my understanding there are two laterals that run along the southern boundary. One -- they may both be concrete -- is a user's ditch for the Clovermeadows Subdivision. The other Meridian Planning & Zoning Commission September 2.2004 Page 130f81 one just to the north of that runs parallel to it, is more fully on the Redfeather site and they will be tiling that one, but have asked to leave the southern most user's ditch for Clovermeadow open, so that those people can continue to utilize that. I will let -- like I said, I'll let the applicant expand on that a little bit. Just noting that, they are proposing a fence on the top bank of that -- of that concrete ditch that does remain. Staff is recommending approval of both the annexation and zoning application and the preliminary application. And with that I will conclude this report. Thank you. Borup: Any questions from the Commission? Seeing none -- Rohm: Just a comment. Borup: Okay. Rohm: It's nice to see an application without significant requests for variances. Borup: I was thinking the same thing. Zaremba: That is true. Borup: Okay. Would the applicant like to make their presentation? Stiles: Sheri Stiles, Engineering Solutions, 150 East Akins Street in Eagle. 83616. Thanks, Craig, for that presentation. He did an excellent job. I don't think you can see this any better than what's already up there. This is a parcel of land that really completes this subdivision for Red Feather Estates No.2. We did run into some surveying issues during Red Feather Estates No.2 and it had to do with the right of way of Granger Street and in order to get rid of the problem, the applicant purchased the property, and that's why we are here tonight. I would like to, I guess, explain a little further about the concrete ditch on this very south border. There is an existing lateral there and also the concrete ditch is used by those property owners with the large lots to irrigate -- to flood irrigate those properties. With that exception, I -- we agree with everything in the staff report and are here tonight asking for your recommendation to the City Council. Moe: Mr. Chairman? Sheri, on your conditions on number two in regards to sidewalks, I guess I'm a little bit confused. You have made note that the city code does not address perimeter sidewalks in this section and perimeter sidewalks are not proposed as part of this development. What exactly did you mean? Stiles: Well, I guess the word perimeter in the report was what confused me, because a perimeter -- perimeter fencing and perimeter sidewalks, we weren't proposing for a sidewalk all around. Moe: Exactly. Meridian Pianning & Zoning Commission September 2.2004 Page 14 of 81 Stiles: That's why I just wanted clarify. I don't think it was really a -- I think it was just an error in the staff report. I just wanted to call it -- I didn't want that to end up in the findings and have somebody try and enforce that at some point. Moe: Well, I got very confused when I read that. I am assuming that we do have a sidewalk, curb, and gutter and everything down through the main street in the middle -- Stiles: Yes. Moe: -- and, then up on top, that is Granger, and there will be a sidewalk up there as well? Stiles: Yes, sir. Moe: Okay. Hood: Mr. Chair, Members of the Commission, I just would like to clarify kind of how that made it in the staff report. They are standard conditions. I don't modify these conditions. Some of them mayor may not apply. But they are pretty standard to every subdivision that I write, so, you know, there may be some other ones in here that may not be applicable, but they are that standard condition and if they apply you would have to meet those requirements. If not, you're done with it. So, that's just kind of how that one is -- why it's in the report, I guess, and it's noted that there aren't any perimeter sidewalks required because Granger will be constructed also, so -- Borup: That's perimeter refers to joining any other material streets or any other streets. Hood: Primarily collectors and arterials that are already established. Established streets. Yeah. Yeah. Moe: And, then, the only other thing is in your comments also you talk about Clovermeadows Subdivision No.1. Do you mean number two? Is it not number two? On the south side where those ditches are. Stiles: I'm sorry, Chairman Borup, Commissioner Moe, which -- where are you referencing? Borup: I think the question is the subdivision to the south, the plat says number two and your note just said number one. Moe: I wanted to make sure that that's the one you were speaking of. Stiles: One of them is correct. I'm not sure. Moe: Okay. It is the one that's south you're speaking of right? Meridian Pianning & Zoning Commission September 2.2004 Page 15 0181 Stiles: Yes. Moe: Thank you. Borup: Any other questions. Mr. Zaremba? Zaremba: Ms. Stiles, it's nice to see you again. On the same subject I believe I'm understanding correctly that there actually is a prior agreement between your developer and the property owners adjoining that ditch that it be left open. Stiles: Chairman Borup, Commissioner Zaremba that is correct. We met at the site and discussed it with Mr. Gary Piva, who was representing that subdivision, and that was the agreement that was made as part of the previous Redfeather Estates No.2. Zaremba: Great. Thank you. Borup: So, did that agreement also include who would take care of maintenance between the fence? The developer's putting up a fence, it sounds like, on -- in from their property line and so to accommodate the ditch for the other subdivision. So, would Clovermeadows be maintaining that area, then? Stiles: Chairman Borup, yes, I believe that it was just going to be part of the backyards left open. I imagine they're already maintaining it now to some point. Borup: So, whatever has happened has -- Stiles: I don't know what shape it's in, but -- Borup: Okay. Okay. Any other questions? Thank you, Ms. Stiles. Do we have anyone else here to testify on this application? Now is the time. Seeing none -- Zaremba: Mr. Chairman, I move the hearing on AZ 04-022 and PP 04-029 both be closed. Moe: Second. Borup: Motion and second to close both hearings. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Mr. Chairman, I move we forward to the City Council recommending approval AZ 04-022, request of annexation and zoning of 4.91 acres from RUT to R-8 zone for Redfeather Village Subdivision by Packard Estates Development, LLC, east of North Eagle Road and north of East Fairview Avenue, to include all staff comments of the memo for hearing date of September 2, 2004, received by the city clerk August 27th, 2004, with one change and that is on page six, under annexation and zoning Meridian Planning & Zoning Commission September 2. 2004 Page 160181 conditions of approval, there is a paragraph three that begins on that page. I would follow over to paragraph seven on the end of -- on page seven, paragraph three, on the end of that I would add that we will accept the applicant's commitment to leave the portion of the ditch that they have already agreed was Cloverdale Meadows Subdivision, either one or two, to leave open, that we are agreeing that that would be left open. End of motion. Moe: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Mr. Chairman, I move that we forward to the City Council recommending approval of PP 04-029, request for preliminary plat approval for 20 single family residential building lots on 4.91 acres in a proposed R-8 zone for Redfeather Village Subdivision by Packard Estates Development, LLC, east of North Eagle Road and north of East Fairview Avenue, to include all staff comments of their memo for the hearing date of September 2, 2004, received by the city clerk August 27, 2004, with one change. And that is -- Moe: Page nine. Zaremba: On page ten, actually, site-specific conditions of approval -- I'll come back to that in a second I think. And site specific conditions of approval on page ten, the bottom paragraph, page seven, again, as it carries over to page eleven, we will add a sentence that says: As agreed between the applicant and the subdivision to the south Cloverdale Meadows Subdivision, that that ditch may remain untiled and clarifying that the applicant has offered to build a fence on their side of it. And was there something -- Moe: Well, I was looking through special considerations under six as well, brings it up again for the ditches. Zaremba: Okay. The -- on page nine of the staff note, paragraph six has the same discussion, which later was turned into requirements and we will include in the discussion on paragraph six that there is a previous agreernent to leave a portion of that named ditch untiled. Rohm: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Public Hearing: CUP 04-029 Request for a Conditional Use Permit for a daycare facility for 30 to 40 children in an R-8 zone for Condra Steeves