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HomeMy WebLinkAboutApril 21, 2005 P&Z Minutes Meridian Planning & Zoning April 21, 2005 Page 39 of 49 Item 16: Public Hearing: AZ 05-011 Request for Annexation and Zoning of 6.26 acres from RUT to R-8 zone for Lyndhurst Grove Subdivision by Highland Development, LLC - 2820 West Pine Avenue: Item 17: Public Hearing: PP 05-013 Request for Preliminary Plat approval of 3.6 building lots and 5 common lots on 6.26 acres in a proposed R-8 zone for Lyndhurst Grove Subdivision by Highland Development, LLC - 2820 West Pine Avenue: Item 18: Public Hearing: CUP 05-015 Request for a Conditional Use Permit for a Planned Development for single-family detached residential units and single-family attached residential units in a proposed R-8 zone for Lyndhurst Grove Subdivision by Highland Development, LLC - 2820 West Pine Avenue: Zaremba: Ladies and gentlemen, we will reconvene and let the record show that all the Commissioners that were present before are again present and I will open the public hearings for AZ 05-011, request for annexation and zoning of 6.26 acres from RUT to R-8 zone for Lyndhurst Grove Subdivision. Also Public Hearing PP 05-013, request for preliminary plat approval of 36 building lots and five common lots on 6.26 acres in a proposed R-8 zone for Lyndhurst Grove Subdivision. And also CUP 05-015 -- excuse me -- request for a Conditional Use Permit for a planned development for single family detached residential units and single family attached residential units in a proposed R-8 zone for Lyndhurst Grove Subdivision by Highland Development, LLC, 2820 West Pine Avenue and we will begin with the staff report. Hood: Thank you, Mr. Chair, Members of the Commission. The project that you just described is located on the north side of Pine Avenue, approximately 825 feet to the east of Ten Mile Road. There is an existing home and some outbuildings on the site. The applicant is proposing to relocate the existing home onto Lot 14, Block 2, in the same general location on the southeast side of the property. They will be removing all other structures. To the north of the subject site, the Eight Mile Lateral -- I'll try to -- it kind of courses in this general direction. Directly to the north on the other side is Haven Cove Subdivision. They are zoned R-4, single family homes. To the south are some single-family homes on the large parcels here. Some of them now vacant zoned RUT in the county. To the east is Kelsey Park Subdivision, also zoned R-4. It's this little triangular subdivision. And to the west is the recently approved Somersby Subdivision and that's zoned R-15. Somersby took up -- went all the way to the intersection. This portion is zoned R-15. Right on the corner is zoned L-O. I just want to point out to the southwest of that you can see here the preliminary plat lines are in -- the construction lines aren't there, but they have constructed some of the existing attached units in The Courtyards at Ten Mile. I bring that up just because we did have a letter that we received in our office this afternoon from the developer of that and I will touch on that in just a couple more minutes, but I wanted to kind of orient you with that development. It takes up this intersection here. So, 12 of the proposed 36 lots are proposed to contain Meridian Planning & Zoning April 21,2005 Page 40 of 49 single family detached homes -- or, I'm sorry, attached dwellings, town homes, with zero lots, and the remaining 24 are detached lots. The gross density of the proposed R-8 development is 5.75 dwelling units per acre. Staff believes that this is a very good transition between the more traditional single family and the multi-family development to the west. Again, that's Somersby. The applicant is proposing to extend a stub street from Somersby Subdivision into the site that will eventually come down and connect with Pine Avenue. The proposed amenities don't snow up any better on this landscape plan, but they do include some playground equipment and a picnic area, including tables and a barbecue on Lot 21, Block 2. In addition, there are over six percent of the site being set aside for open space. Here are some simple versions of the detached homes and -- sorry they didn't come through very well, but that's attached units, so there will be two dwelling units on either side of the common -- the outline would be there. Quickly just a couple of issues or points of clarification. There is a stub street in - - Clara Street is the name of the street in Haven Cove. We are stubbed basically at the top of bank of Eight Mile. Staff did not believe that it's warranted for that to be extended and another bridge across the Eight Mile. There is a crossing right here, with the extension into Somersby and here you get the same connectivity, it just seemed to be a little redundant to have that extended there. There will be a pedestrian crossing from that. They do have a common lot here, a micro path running and tying up, plus the existing foot bridge across that would tie into the sidewalks on Clara Street. Just to point out to the applicant and the Commission that I have requested a revised landscape plan. There were several changes in the staff report and this is one where we would like to see those changes made and resubmitted to the city ten days before the next Public Hearing, so I did just want to reiterate that. I tried to bold it in the staff report as well. And now to the real issues with this one. Sanitary sewer -- currently there is not sewer available by gravity means to this property. That's pointed out in the staff report. The applicant -- there is a dry line sewer in Pine Street. The applicant is proposing to extend from their east boundary line to the south private lift station at The Courtyards At Ten Mile. This lift station is private; therefore, the subject applicant will need to work with the city and the developer of The Courtyards on upgrading that lift station. And the other thing we brought up in the letter from the developer of The Courtyards was the existing traffic in the area. They were required to construct turn lanes at the intersection of Ten Mile and Pine. They mentioned something about a latecomers fee or being reimbursed for a proportionate share of their -- the cost to install those and that was a condition of The Courtyards project, but he throw that out there in the letter. I'll let you review that. You did get copies of that letter, is that -- okay. With that, just to kind of follow up with that one, Somersby mostly amended their development agreement and they are only allowed to construct eight detached units and nine multi-family -- or nine attached multi-family units until the Ten Mile/Pine intersection is improved with a signal. So, those have been restricted to what they can do prior to the intersection improvements being constructed. Staff has not made that a condition of this subject application, they are more -- or approximately 1,000 feet away from that intersection and didn't see that the implications of 36 additional homes -- although they will have an impact on that intersection, would be prudent to restrict this that way. So, I will -- will recommend approval of this subject application with the conditions in the staff report. I did just want to point out that I talked to the applicant at Melidian Planning & Zoning Aprii 21, 2005 Page 41 0149 the break. One point of clarification I'll let him kind of give his proposal first, but site specific condition on number -- site specific condition number three on page 19 does talk about the amenities. I believe the applicant is going to propose to actually pave up to that footbridge and do some reconstruction of the footbridge to make it usable. It's a little dilapidated, I guess, and they are going to improve it. The city will offer to enter into a maintenance agreement with Nampa-Meridian to make sure that that footbridge is maintained that the applicant constructs. So, I just want to go on record that if he, in fact, does propose that, then, we would be amenable to the maintenance of that. So, I thought it fit pretty well and we would add a second sentence on that site specific condition number three on page 19. With that, I will stand for any questions. Zaremba: Commissioners? I have a compelling need to ask an off-the-wall question. Hood: Okay. Zaremba: On page 13, paragraph five, starts out the applicant has not indicated who will own and operate the pressurized irrigation system. We see that on probably 90 percent of reports and I guess my question is does that question appear on the application? So, we do ask, it's just 90 percent of the people don't answer it? Hood: We do ask and I think Shawn Nickel, about a hundred percent of the time, says - - does not commit to who is going to own and operate that. Zaremba: So, we are at least asking. That was what I wanted to know. Okay. All right. If there are no other questions from the Commissioners, would the applicant care to come forward. Amar: Thank you, Mr. Chairman. For the record, my name is Kevin Amar, address 36 East Pine here in Meridian. I am here representing Lyndhurst Grove Subdivision. Staff did an excellent job of describing to you what the subdivision is, so I probably won't go over that again. Excuse me. We did have a neighborhood meeting on site, spoke with some of the neighbors, and Mr. Bergante, who -- I think that's how you say his name. He's not here this evening. But he lives in this house right here. Excuse me. He was really the only one with a question and that was what was the minimum home size. We are at 1,301 square feet and all of them and I told him because his subdivision, Kelsey Subdivision, has a minimum home size of 1,400 square feet on those lots that border Kelsey, we will also put those at 1,400 square feet. Excuse me. And he seemed satisfied with that. We did have some other neighbors -- as a matter of fact, we had a couple that requested, actually, to come and speak in favor of the subdivision, which I haven't ever had that before. I hope we make it through this. We do 36 lots. We have tried to make a 467 feet transition from an R-15 zoning down to an R-4 zoning. Thanks, Shawn. And we are, actually, relocating the existing house on site, so there will be additional -- 35 lots. With respect to the footbridge, that is an off-site improvement that we are requesting to do. It does make sense, I think, to have the connection between two subdivisions, at least a pedestrian. The bridge actually already exists. It was previously a bridge for the house on the north side - the old home on the north side of Meridian Pianning & Zoning Aplii 21, 2005 Page 42 0149 -- I forget the name of the lateral. So, it's a well constructed bridge, it just hasn't been used in a few years, so it needs cleaned up a little bit and that's something we will do. We just need to enter into a license agreement with Nampa-Meridian Irrigation District with respect to the pressurized irrigation system -- Zaremba: Is there an unused glass of water along here somewhere? Amar: With respect to the pressurized irrigation system, I believe that system ultimately is going to be owned by Nampa-Meridian Irrigation District. In talking to them that's what they had indicated. We will work with the developer next door and, ultimately, it will be a Nampa-Meridian irrigation system. We have contacted Mr. Campbell back in -- actually, last year and talked to him about the sewer lift station and we received a letter from him January 9th stating that we could work with him and hook up to the sewer lift station. I spoke with his representative, who is Rod Ralphs, today, after he sent the letter and Mr. Ralphs said that he hadn't realized -- or Doug did not remember even signing a letter. So, I think it was just a matter of -- it was four months ago when he signed the letter. I have a copy of the letter and I have provided it to your staff and we will certainly work with -- with the developer of The Courtyards At Ten Mile for any sewer connection. I'm going to quit talking here real quick. I guess with that I'm going to stand for any questions and sit down. I don't know if I'm going to make it much longer. Zaremba: Well, by your testimony you clearly understand that the city is not prepared to provide sewer at this point. Amar: No, but they are getting closer. Zaremba: Okay. Amar: We can talk a little bit about the sewer. Zaremba: Well, I was just going to say that the connection that you would put in or the infrastructure that you would put in to reach the current private lift station that you're talking about, is not a whole lot different than what you will eventually have to put in anyhow, right? So, this is -- Amar: In order the reach this lift station, an eight or ten-inch trunk line will have to be ran down Pine Street. So, it's ultimately what the city wants and it will connect to the lift station, which is at this corner. Ultimately, the sewer will run down Pine. This is Castlebrook Subdivision, one that I'm involved in, and we are extending the sewer even closer to Pine Street as we speak and talking with staff about where those stubs should be. So, I don't know -- I don't think this lift station is going to be on line very long. Bruce will be able to answer that question better than I will. I just know it's getting real close to Pine. Zaremba: Thank you. Melidian Planning & Zoning Aprii 21, 2005 Page 43 01 49 Amar: Thank you. Zaremba: Barbara Bollis has signed up. Bollis: Hi. My name is Barbara Bollis and my address is 2783 West Eptide and I am -- Zaremba: There is a pointer on the platform there. Bollis: Oh. Okay. My house is right here. Right here. Yeah. Right here. Okay. So, I talked to the owners. I have enjoyed having that view for quite a long time, four years now, and, you know, watching the birds out there and the snow capped mountains and, then, those apartments came up, but I could still see up above and then -- but I always thought that their house would be there, because it was a farm with a little orchard and everything and that's the only reason I bought my house. But I kept thinking they -- you know, they would build over there, if anything, so -- but that's their right to do that, that's their property, and I sure appreciate having them for neighbors, even though they are leaving. My concern is if you see the development on the pages, there is a lot of lots there, which tells me there is going to be a lot of construction and though there is a chain link fence along the canal right here, I have a chain link fence there, I'm just concerned of all of the dirt -- dust coming up, because the wind's always blowing that way and I was just wondering if we could -- if I could ask if maybe along that canal they could put on one of those solid fences, instead of a chain link fence, and maybe have a water truck that goes through to keep the dust down. Is that okay to ask? Zaremba: There, actually, are existing standard ordinances that require dust abatement during construction. We will ask them what their plan is for fencing that. But they must protect that waterway as well during construction and those are standard requirements. Bollis: Yeah. Zaremba: But we will ask them what they are planning to do for a fence. Bollis: Okay. And I would like to recommend that, if they could. I have seen a lot of the new subdivisions, they will put in a fence around the boundaries there, like those new vinyl ones, upgrade -- anyway. And, then, also the water truck to keep the dirt down. And other than that, you'll have no complaints from me. Zaremba: Thank you. Any questions? Thank you. Ben and Norma Jeppeson signed up together. If you would care to come up one at a time, we'd like to -- okay. Ben and Norma have -- they are signed up in favor and from the audience they say they are in favor, but have nothing to add. And -- okay. That's the whole list of everybody that has signed up. Does anybody else care to testify or add anything? All right. Well, thank you. Mr. Amar. Meridian Pianning & Zoning Aplil 21, 2005 Page 44 0149 Amar: Thank you, Mr. Chairman, Commissioners. With respect to the lateral and the fence, during construction we are required to keep a dust abatement and there is a water truck on site and, in fact, it's getting more stringent, especially with the EPA coming into town and we now have to prepared a new plan that's called a storm water pollution prevention plan that details a lot of that information in it, but we are doing the site construction, which is -- which causes most of the dust and we have a water truck on site. As far as the fence, we anticipate putting an open style fence in there, similar to what they have across the canal and continue with that theme, I guess, that's running along there. Zaremba: Okay. Amar: I don't know if there were any other questions, but -- Zaremba: Any questions from the Commissioners? I think that generally along canals and open spaces like that, it is preferred that it be an open view fence, just so that -- the police department usually asks for that, so that there is no nefarious activity that can go on in blind spots. So, I -- it sounds like the offer is to put a fence, but not a vinyl one. Be open view. Borup: Does the irrigation district do any burning along there on their weed maintenance? Amar: I don't know if they do it. I suspect all irrigation districts do it from time to time. I know they certainly do cleaning and things of that nature, so -- Zaremba: Okay. Any other questions from the Commissioners? Rohm: I have none. Zaremba: Thank you, sir. Borup: There was some reference to the intersection. I don't know if I really understood it. Is there going to be any participation there? Is the traffic study showing that most of the traffic is going to be going to the east anyway? Amar: Actually, with this development we weren't required to do a traffic study by ACHD. I'm not sure what the involvement would be. I know ACHD's stand is you do your own improvements in front of your own development. In fact, I have requested specifically with ACHD to do latecomers agreements and they have told me we don't do it, we are not going to do it, so I don't know -- I guess this time I don't have to do the improvements and -- I don't know. Zaremba: So, ACHD is not asking you to participate in the intersection that's a thousand feet away, so -- Melidlan Pianning & Zoning April 21, 2005 Page 45 0149 Amar: In fact, they did not speak to it at all. They have approved the plan as we have it and that was not addressed within their comments at all. Borup: So, the only person that's even brought it up was Mr. Campbell? Amar: Yes, sir. Borup: Okay. Thank you. Amar: Thank you. Zaremba: Thank you. Any further comments from staff? Commissioners? Apparently not. Apparently not. Borup: Mr. Chairman, I move we close Public Hearing AZ 05-011 and PP 05-013 and CUP 05-015. Rohm: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: THREE AYES. TWO ABSENT. Borup: So, I guess with all that discussion we really don't have any revisions to the staff report; is that -- Zaremba: It doesn't sound like it. Rohm: Were we going to make a reference to the commitment to provide long-term maintenance once the bridge has been upgraded? Borup: Yes. Rohm: That would be item three on page 19. Borup: I wrote a note on that. Let me see if I can find it. So, I assume the parks department will maintain -- Hood: That's correct. Borup: Mr. Chairman, I move we forward to City Council recommending approval of AZ 05-011, a request for annexation and zoning of 6.26 acres from RUT to R-8 for Lyndhurst Grove Subdivision by Highland Development, recommend approval of that project, to include all staff comments and conditions of the staff memo dated April 21 st, received by the clerk April 14th. That concludes the motion, Meridian Planning & Zoning April 21, 2005 Page 46 of 49 Rohm: Second. Zaremba: Okay. We have a motion and a second. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: THREE AYES. TWO ABSENT. Borup: Mr. Chairman, I move that we forward to City Council recommending approval of PP 05-013, preliminary plat approval of 36 building lots, five common lots, proposed R-8 zone for Lyndhurst Grove Subdivision, to include all staff comments, conditions of the staff memo, again, with a transmittal date of April 13th, received by the city clerk April 14th, 2005. I think that concludes my motion. Rohm: Did you want to speak to the site specific or is that -- Borup: That would be in the conditional use. Rohm: Okay. Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: THREE AYES. TWO ABSENT. Borup: Mr. Chairman, I move we forward to City Council recommending approval of CUP 05-015, request for a Conditional Use Permit for a planned development for single family detached residential units in a proposed R-8 zone, to include all staff comments and conditions in the staff memo dated April 13th, received by the clerk April 14th, with the following change: On page 19, last sentence of item number three, to add that the applicant will improve and reconstruct an existing foot bridge with the -- after entering into an agreement with the Nampa-Meridian Irrigation District, after the improvements are made, the city -- the parks department of the City of Meridian will maintain that bridge. Rohm: Second. Zaremba: We have a motion and a second. All in favor say aye. Anyopposed? That motion carries. MOTION CARRIED: THREE AYES. TWO ABSENT. Item 19: Public Hearing: PP 05-011 Request for Preliminary Plat approval of 12 building lots on 4.31 acres in a L-O zone for Julie Subdivision by Paramount Development, Inc. - northeast corner of North Linder Road and West Cayuse Drive: