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HomeMy WebLinkAboutJuly 21, 2005 P&Z MinutesMeridian Planning & Zoning July 21, 2005 Page 52 of 90 and I would be willing to hear one representative from each of the two subdivisions that border it and that would be my proposal and limited specifically to the ten foot setback issue. The other issues, frankly, comply with the law. Rohm: And that may be added to my motion. End of motion. Moe: Then I'll second that. Zaremba: Okay. We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: THREE AYES. TWO ABSENT. Item 18: Public Hearing: AZ 05-031 Request for Annexation and Zoning of 2.74 acres to a R-4 zone for The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: Item 19: Public Hearing: PP 05-031 Request for Preliminary Plat approval of 9 single-family residential building lots and 1 common area lot on 2.74 acres in a proposed R-4 zone far The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: Zaremba: Okay. Thank you far bearing with us. We are now ready to open the hearing -- public hearings for AZ 05-031 and PP 05-031. Both relating to the Enclave Subdivision, 2520 South Locust Grove Road, essentially one property the other side of the area we have just been talking about. And we will begin with the staff comments. Guenther: Thank you, Mr. Chairman, Members of the Commission. This is an annexation and zoning hearing for an R-4 zone, 2620 South Locust Grove Road, immediately north of Inglenook Subdivision. The subject property has one single family residential house that is existing and will remain in this location. As you can see from the aerial photo, they take direct access from Locust Grave Road through an easement. This is a dirt road that is entirely substandard for any type of public access and one of the staffs conditions of approval is that they -- this house take access through the new public road system, as well as this -- this street may remain as a secondary access for emergency access only. With that, the subdivision is a hammerhead type of a subdivision. A hammerhead is an approved turnaround by the Meridian public fire department. The fire department required an additional 24 foot wide, so they can get in there and backup appropriately. ACHD's only request -- they are recommending the 36 feet. The applicant has included another -- I believe a total of -- I think it's 72 feet for that turnaround. Staff is recommending that one of the conditions of approval be modified, which would be -- of course I had it marked and now I lost it. Under the site specific conditions of approval for the preliminary plat, page 12, that the last sentence of condition number two read: The common drive shall have a minimum of 24 feet of improved surface and shall be designed with curb, gutter, and sidewalk in such a manner as to be consistent with the public road section. Meridian Planning 8~ Zoning July 21, 2005 Page 53 of 90 Rohm: I can't write the fast. Guenther: I'll slow down. Zaremba: You're just adding curb, gutter, and sidewalk; right? Guenther: Essentially, the character of this public street here, the intent is to make the common drives appear that there is no -- that there is no difference between the public street and the common drives. So, the curb, gutter, and sidewalk is going to continue down the common drive and so the common drives will actually have their own sidewalks on them as well and instead of having the rolled curb and, then, have four different accesses taken off of that, the applicant has indicated that they will just continue the curb down and create one large rand section, instead of having a public road section that is completely different from the common drives, because this is not a private street area and all of these properties will address off of Inglenook Avenue anyhow. So, in order to facilitate a better looking road system, that's what staff has recommended for a condition of approval and the applicant has indicated they are in compliance with that condition as well. With that being said, this design is designed for the fact that there is four houses that can be accessed per common drive. This is in compliance with the ordinance and only four homes can be accessed from one common drive, which limits the number of homes that can actually be placed on this property. As you saw in the other one, they had four homes, but they made the lots smaller. They are not even eligible to do that with this subdivision, sa this design is pretty much the limitation they are bound to by ACHD's conditions of approval. Currently they are proposing to create a large common lot for the Nine Mile Drain, since -- and also since this property is less than five acres, they are not required to produce the open space far any type of road system and such. Anything under five acres is pretty much allowed to get away with the landscaping and such in order to facilitate smaller parcels to be redeveloped. With that, staff has had discussion with the applicant and the Inglenook Subdivision does have that pathway that attaches to the rear portion of this lot and it was staffs recommendation that a ten foot easement or common lot be placed along the Nine Mile Drain in order attach to the drainage -- it's a drainage open lot immediately north of this subdivision. As you can see in the aerial photo, these two lots -- there is a lot for the Nine Mile Drain and, then, this open space lot, which also connects through to the open space lot and Inglenook, which would connect through to the Windwalker Subdivision and through to the accessing of Sherbrooke Hollows. And staff feels that this would be a good way to create pedestrian traffic through these multiple subdivisions without having to actually access a public road system. Zaremba: I may have misunderstood earlier. On the Windwalker Subdivision there was no pathway; right? Guenther: On the Windwalker Subdivision they are proposing just the common lot there, but their lot line actually came right to the corner of this common lot here and that's why staff made the recommendation that they move that lot over five feet and create that connection through to the common lot, which, again, connects through to the Meridian Planning & Zoning July 21, 2005 Page 54 of 90 other proposed common lot, which also connects to another common lot and so there is, essentially, four subdivisions that would be affected there, providing a contiguous nature of a pathway on the west side of the Nine Mile Drain. Zaremba: All right. Well -- and the reason I brought it up, because during the Inglenook discussion when that came before us, when we asked them for the pathway along the drain there, they said what if it doesn't go anywhere. So, apparently, we are making it go someplace both directions. Guenther: That is the intent. Zaremba: Okay. All right. We will have public testimony in a bit and we will get to you. All right. Thank you. I'm sorry. Were you finished? I interrupted you. Guenther: I was just going to round out with staff is recommending approval of this subdivision with the conditions of approval as listed in the staff report. Zaremba: Okay. One question -- let's see. Let me see what was displayed before this. Might have been a plat. That. Yes. I can see the four building lots with access to this end of the private drive. It looks like five on this end, though. Is the access to the west going to be lost? Is that going to be closed off and do we, then, have five lots? Guenther: No, sir. This lot here has appropriate signage off of Inglenook Avenue, which is a public street. Zaremba: Oh. Okay. So, Lot 1 doesn't count? Guenther: Lot 1 would not count. Or, actually, not Lot 1, Lot 5 doesn't count, because it has over 40 feet road frontage in here and I guess Lot 6 also qualifies in there, too. Zaremba: Okay. Guenther: Two of the nine. Zaremba: All right. Thank you. Commissioners, any questions? Okay. We are ready for the applicant. Kevin Harris: Kevin Harris. Business address 1800 West Overland Road in Boise, representing the applicant on Enclave, LLC. We agree with your conditions set upon us by your staff. This subdivision was a lot easier than the last one. It matches the R-4 everywhere around. We have got nice lots. We will put the pathway through to connect the common lots. And the applicant has provided some elevations of the houses they are proposing, if you'd like to see them. Zaremba: To the clerk first. Thank you. Meridian Planning & Zoning July 21, 2005 Page 55 of 90 Harris: On the common drive issue, the reason we are showing it as the 65 foot from radius point to radius point is that's what ACHD told us we had to do. So, we showed it the way ACRD wanted us to show it and we are planning an extending the curb and gutter and sidewalk out to the end of the common drives. With that, I'll have any questions if you have of me. Zaremba: Is that a rendering that needs to be changed before it gets to the City Council or is it okay like this? Guenther: No. This is the public road section here. As long as there is curb, gutter, and sidewalk on Inglenook Avenue, ACHD would accept that road. Zaremba: But it looks like the curb, gutter, and sidewalk cut off the driveways. Guenther: It looks that way. However, they would still be able to do a rolled curb here, but that's not what we are recommending. We are recommending that they put the rolled curb as far out as possible in order to allow these other lots to have a better driveway, essentially, in there. Zaremba: Well -- and I'm agreeing that's a goad idea, but do we need to have the drawing depict it that way? Guenther: We cannot, because this drawing -- these preliminary plats -- this is the road right of way that's going to be dedicated to ACRD and these common drives are not. Zaremba: Okay. Thank you. Cleared that up. I'm sorry. I probably interrupted you as well. Harris: Oh, no, I was just here for any questions if you had any for me. Zaremba: Commissioners? Okay. Thank you. We do have people signed up. Jim Welsh. I believe I was told that he already went. Oh, that was John Welsh that left. Yeah. Jim Welsh, please. J.Welsh: My name is Jim Welsh and I live at 1734 East Fireside Court and we had the neighborhood meeting. I'm not here to speak for everyone in the neighborhood, but I will say it was a very pleasant meeting. We had a very pleasant experience speaking with the ladies from the developers. They presented some -- what we felt to be -- were very reasonable and responsible plans for development, things that were going to enhance the neighborhood, add value to the property, and we felt that it was going to be a very positive neighbor association. We feel very very good about this. There may be others from the community that would like to speak as well. I just wanted to add my two cents in that. From my family's standpoint -- and I know for my son as well, who will be backed up to this neighborhood -- we fully support this particular development without reservation. In fact, we have encouraged them to become part of our neighborhood Meridian Planning & Zoning July 21, 2005 Page 56 of 90 association. We just felt that the common ground was so strong there that we have already established a bond, so we are working toward that end. Zaremba: Thank you. And the next name is Jonathan Welsh, who is the person who has escaped. Okay. Robert Wehr. Okay. And let me comment Jonathan Welsh had an X marked in the for column and Robert Wehr has now said that he has been spoken for. Patty Kiddo. And Brad Kiddo. I believe they have left, but they are also marked in the for column. Cassandra Dixon. She's not here anymore? Okay. She has departed. She's also marked in the for column. Those are all the people that signed up. If anybody else would care to add anything. Come right ahead, sir. Please state your name and address. Jennings: Virgil Jennings. 2fi40 South Locust Grove Road. I own the property that has the easement on the rand. I didn't know that was going to be a concern until I got here. What does emergency road -- I think the road should be abandoned back to me. The easement's only for one house, not for all of them. So, I'm concerned about what's going to happen if that's an emergency road left open, haw many people are going to access that up and down my road? Zaremba: Okay. We will ask staff that. Typically what happens is there are bollards put there and the fire department has a key to them, that if it's a dirt road now it would probably stay -- well, it would have to be graveled to support a fire truck, but it would not be available far normal autamabile passage. It would be locked in same way that the fire department could -- Jennings: Well, if that's the case, I'm not opposed. Zaremba: Okay. Let me confirm that with staff. Guenther: I'd have to review the fire department's conditions of approval. Currently, our staff report from my office says that it just needs to be signed as emergency vehicles only, because of the connection between the common drive and, then, the existing access here, we can't -- it's an off-site improvement to require them to abandon that easement. The easement doesn't go away from the platting. The access is for one home only, which, as far as this one is the only home that would take any type of frontage on that easement would be the existing home, which the only -- the way that we could address this would be to make sure that it is signed appropriately and complies with the fire and emergency access -- the emergency access requirements of the fire department. Zaremba: Could that include bollards that were actually on the current property? Guenther: That is -- that is -- yes, it can include bollards, but I would have to make sure that it was okay with the fire department and one of their conditions of approval. Zaremba: Okay. All right. Anybody else care to add anything? Come right up, sir. Meridian Planning & Zoning July 21, 2005 Page 57 of 90 Shipley: John Shipley. 2770 South Locust Grove. I'm the land that was proposed for Windwalker and the best of my recollection, the sidewalk in the back of Inglenook runs along the Nine Mile there. And it was proposed that the back of all those properties to be an interconnective thing. The ditch company's locked all those gates up. It makes no sense to build a sidewalk on any of that property. And, as a matter of fact, the Inglenook subdivision has a fence in front of the sidewalk so nobody can get on the sidewalk. And, then, that sidewalk was made out of asphalt and it's just got willows growing through it and it's just a -- going to be a terrible thing and I used to access the back of my field and my fence line through Sherbrooke Hollow, because there was a gate there and they put a padlock on it. Some little kid got lost in the bottom of that ditch and the ditch company don't want anybody in that ditch, so it makes no sense to be an interconnective sidewalk between this one you're talking about now or the back of mine either, because they have abandoned it, the one that they got by putting a fence in front of it and it just don't make any sense to me. Unless you go out and look at it, you won't figure it out. But that Nine Mile Drain is -- you know, I can crawl out of it if I take a good angle, but some little kid in Sherbrooke Hollow wasn't being watched and they didn't know where he went and when they finally found him why the ditch company locked that and, you know, makes no sense to keep doing that, you know. So, I don't know what --about designs or anything, but if it's a sidewalk going to nowhere, because everything is locked up, what's the deal, you know? Are you going to fight the ditch company for interconnectivity? But every gate on that Nine Mile Drain has a sign on it from the ditch company no trespassing and -- you know. Zaremba: Thank you. In other locations where the city has tried to put pathways along Nampa-Meridian, we have had to get licenses or something like that with Nampa-Meridian. Perhaps this didn't happen here. Guenther: Well, currently, as everything is situated, there is so many pockets in there that there is no connection and Mr. Shipley is correct. However, if Windwalker develops -- there is a fence here, there is a fence along the irrigation ditch there. Once that fence is all the way connected through, there is no way to access the irrigation ditch, which is the standard way that we actually would create a pathway along a ditch and the fencing requirements of our ordinance would still apply. Zaremba: All right. Thank you. Let's see. I think I already said that's everybody that has signed up. Anybody else care to comment? If -- any questions or shall we have the applicant back again? Moe: I think that would work. Zaremba: Okay. Your wrap up, please. Harris: The only comment, I guess, was the emergency access to Locust Grove through the easement. In the ACHD staff report, they actually put in there to work with Meridian Planning & Zoning July 21, 2005 Page 58 of 90 Meridian fire department to put up either a gate or parking bollards, so that is a condition of ACRD. So, that will not be accessed from that existing house either. Zaremba: Okay. Only in case of an emergency. Harris: Only in case of emergency. Correct. Zaremba: And the fire department decides if it's an emergency. Harris: Yes. Yes, sir. Zaremba: Not every kid with a fast car decides it's an emergency. Harris: Yeah. Zaremba: Okay. Harris: Other than that, that's all you will hear from me. Zaremba: Thank you. Commissioners? Moe: Mr. Chairman? Zaremba: Commissioner Moe. Moe: I move we close the Public Hearing on AZ 05-031 and PP 05-031. Rohm: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: THREE AYES. TWO ABSENT. Moe: Mr. Chairman, I just have a question of staff. Joe, in regards to the site specific number two, would you read one more time what you would anticipate putting in the curb, gutter, and sidewalk? I wanted to make sure the common drives shall have -- is the 24 foot minimum still -- Guenther: Yes. If you go -- Moe: And, then, just after surface you want to put: And shall include curb, gutter, and sidewalk? Guenther: And shall be designed with curb, gutter, and sidewalk -- Meridian Planning & Zoning July 21, 2005 Page 59 of 90 Moe: Wait a minute. Okay. As to be -- in such a manner as to be consistent with the public road section. Moe: Thank you. Mr. Chairman? Zaremba: Commissioner Moe. Moe: I move we forward to City Council recommending approval of AZ 05-031, to include all staff comments of the hearing date July 21st, 2005, received by the city clerk's office July 15th, 2005. 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. Moe: Okay. Mr. Chairman, I move we forward to City Council recommending approval of PP 05-031, to include all staff comments of the hearing date July 21st, 2005, received by the city clerk's office July 15th, 2005, with one change. Under site specific conditions of approval on page 12 of the report, item number two, in the last sentence I'd like to change that to be the common drive shall have a minimum of 24 foot of improvement surface and shall be designed with curb, gutter and sidewalk to be consistent with the road system. Period. End of motion. 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. Item 20: Public Hearing: AZ 05-032 Request for Annexation and Zoning of .56 acres from R6 to L-O zone for West Carol Street Professional Center by James and Carrie Jewett -- 1560 Carol Street: Zaremba: Thank very much. And now I will open the Public Hearing for AZ 05-032, request for annexation and zoning for the West Carol Street Professional Center by James and Kerry Jewett at 1560 Carol Street. And we will begin with the staff report. Hood: Mr. Chair, Members of the Commission. The subject property is located on the northwest corner of East Carol Street and North Locust Grove Road, just north of Fairview Avenue. The property is designated for low density residential uses on the Comprehensive Plan future land use map. However, the applicant is not proposing residential zoning for this site. As you know, the city recently approved Resolution 04-