Loading...
HomeMy WebLinkAbout9-21-04 C/C Minutes Meridian City Council September 21,2004 Page 7 of 59 De Weerd: Okay. It's been moved and seconded to approve 7-E. Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: Item 9: Item 10: Item 11: Request to Reconsider the Decision to Deny Applications for Alexandria Subdivision AZ 04-0111 PP 04-017 1 CUP 04-015 by Lonnie Johnson: Findings of Fact and Conclusions of Law for Denial: AZ 04-011 Request for Annexation and Zoning of 9.8 acres from RUT to R-8 and C-N zones for proposed Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: Findings of Fact and Conclusions of Law for Denial: PP 04-017 Request for Preliminary Plat approval for 28 single-family residential and office building lots and two (2) common lots on 9.8 acres in proposed R-8 and CoN zones for proposed Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: Findings of Fact and Conclusions of Law for Denial: CUP 04-015 Request for a Conditional Use Permit for a Planned Development for reductions to the minimum requirements for lot area, rear building setbacks, street side setbacks and minimum street frontage for proposed Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: De Weerd: Thank you. Items 8, 9, 10 and 11 are altogether. We will start with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. Item 8 is a request to reconsider your decision of three weeks ago to deny Alexandria Subdivision's annexation and zoning request, preliminary plat, and Conditional Use Permit. The city did receive a letter from the property owner Mr. Lonnie Johnson that was dated September 9th and in his letter he is asking the City Council to reconsider the decision. One of the main reasons that the City Council -- one of two reasons that the City Council chose to deny the application was based on a street configuration on the south side of the subdivision and attached to Mr. Johnson's letter is a cross-section of that street, which is a 29-foot back-to-back. It's called East Green Haven Street. And at the City Council Public Hearing I think it was misrepresented on the plat that that was not going to be a full 29-foot street section. There was concern about those houses that front on that street and emergency -- if guests would park on the street, it would restrict the open portion of that street section. Even though it would be signed no parking, the Council was concerned that those signs would be ignored, that the street would be Meridian City Council September 21.2004 Page 8 of 59 congested, and it would cause a problem and so we did -- staff did meet with the applicant. The 29-foot street section is what they are .proposing. That is the same street section that has been approved in about four other subdivisions over the last year, including Heritage Commons, which has that as its collector, Bridgetower Crossing, and others. So, I guess staff agrees with that particular point, that the -- that the street section should not be the reason for denial, given that it is an Ada County Highway District approved section, they do have that in their policy manual as an allowable street section without parking and because of the misrepresentation on the plat, as well as by staff at that meeting, I guess we are in agreement that that should not be part of the reason for denial. The second reason for denial had to do with the neighborhood center and the nonresidential uses being further away from the center of the half mile and staff is, you know, just going to defer to Council's decision on that as to whether or not you think there is enough value in Mr. Johnson's letter that justifies reconsideration on that point. But my understanding is that the findings have not actually been prepared for tonight's meeting, so should the Council choose to not reconsider, we actually do need to table this item again for another week to allow these findings to be prepared for next week's meeting. De Weerd: Council, any questions? Bird: I have none, Mayor. De Weerd: I don't know if the applicant is here or if Council would like to hear from them. Is the applicant here? Mr. Wardle, if you will just state your name and address. MWardle: Yes, Madam Mayor, Council Members. Mike Wardle, 4910 KnOllwood Avenue in Boise, representing Mr. Johnson. We do appreciate the opportunity to request reconsideration. The street section does meet both ACHD and fire department requirements for parking on one side, as does, for instance, the subdivision just to the north that you will approve a final plat, I believe, tonight, Razzberry Subdivision, has exactly the same street section that runs parallel to this roadway that allows parking on one side, as does, as staff has noted, the main entrance into Heritage Commons, along the north boundary line of that project. So, it is conforming and that was perhaps the misunderstanding. The plat that was originally submitted showed that roadway being slightly deficient, but as the Council is aware, when you do your preliminary plat you submit a revised preliminary plat, so that that's of record when you come to the Council and that of record document actually showed the full-improved roadway. All that has to happen in the future is the additional right of way for a sidewalk on the south side, but we will have full curb, gutter, and sidewalk on the north side that's being improved. So, there is no problem in terms of public safety. And we would ask for reconsideration, so that at the hearing we can consider, with your input, whether or not the neighborhood commercial would be appropriate, whether a down zone to limited office, or whether another residential type of use would be appropriate in that neighborhood center area. So, we believe that there is a reason that the Council should reconsider this matter and would so request. Meridian City Council September 21, 2004 Page 9 of 59 De Weerd: Council? Bird: I have no questions. De Weerd: Thank you. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. I think there has at least been some of the questions that we had and the concerns that were raised at the time on this subdivision. I guess what I would be willing to do is reconsider our decision for denial and refer this back to the Planning and Zoning Commission for another review of some of the changes that have been done and the like, so unless there is other comments, I guess I could make a motion. Bird: I would agree with Mr. Nary. De Weerd: And in your motion you will have clear direction on what they need to bring back to the Planning and Zoning Commission and it would reposted. Okay. Nary: Madam Mayor, based on that, then, I would move to reconsider the denial for the Alexandria Subdivision applications, AZ 04-011, PP 04-17, and CUP 04-015. I think we'd vote on that and, then, we'd move to remand after that. Bird: I would second that. De Weerd: Okay. It's been moved and seconded to approve the reconsideration. Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 9. Nary: Madam Mayor? De Weerd: Mr. Nary, Nary: I'd move to remand all three items, nine, ten, and eleven, AZ 04-011, PP 04-017, and CUP 04-015 for the Alexandria Subdivision to the Planning and Zoning Commission to review the items in regards to the street section and I -- I didn't write down the other one. I'm sorry. Bird: Commercial. Meridian City Council September 21, 2004 Page100f59 Nary: Oh. The appropriateness of the commercial versus office in relation to the other uses in the surrounding area. Bird: Second. De Weerd: Okay. It's been moved and seconded to remand back to P&Z Items 9, 10, and 11. Is there any further discussion? Mr. Clerk? Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Tabled from September 14, 2004: FP 04-055 Request for Final Plat approval for 34 building lots and 9 common lots on 11.31 acres in R-8 and L-O zones for Razzberrv Crossina Subdivision by Carl and Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: De Weerd: Thank you. Item 12 is tabled from September 14th on FP 04-055. Staff comments. Canning: Madam Mayor, Members of the Council, this is the final plat for Razzberry Crossing Subdivision. We had asked you to table it last week, because there was some concem on the entrance road. As you see, they don't own the full right of way, so we just wanted to make sure we had a letter in the file from the property owner to the south, Mr. Johnson, saying that they had agreed to that road and ACHD will require that road to be in place before they sign the plat. That was the only reason we had asked to table it and with that issue resolved staff feels that the final plat is in substantial compliance with the approved preliminary plat and is recommending approval. To my knowledge, the applicant is in agreement with the conditions of approval. I don't believe I have a letter stating that, though. De Weerd: If the applicant is here and not in agreement, please, join us. Please state your name and address. Waite: My name is Todd Waite, I'm with Clayborne Waite Consulting, and I'm representing the Reitermans on this project. We have one issue with the staff report we wanted to clear up. On the -- we let these lots that have back lot lines against common areas, in three areas we have that in the subdivision and one of the conditions was that we would have a ten foot easement across the back of all lots and in this case these lots are -- we had a waiver in the preliminary plat that said that we could put detached garages -- or rear garages within five feet of the back lot lines. So, in these cases we are saying that a five-foot easement would be adequate and we can slide that garage back there, instead of the ten-foot, and in all other cases we will be able to provide the ten feet back lot easement.