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HomeMy WebLinkAboutAugust 4, 2005 P&Z Meeting Meridian Planning & Zoning August4,2005 Page 5 of 57 make a recommendation to City Council on the project, where there will, again, be a Public Hearing on each of these items. So, we try and iron out as many of the problems as we can, if there are problems, before it gets to City Council, but there are public hearings in both places. Item 5: Continued Public Hearing from May 19, 2005: AZ 05-012 Request for Annexation and Zoning of 6. 34 acres from RUT to R-4 zone for EI Gato Subdivision by C2B Development, LLC - 701 Black Cat Road: Item 6: Continued Public Hearing from May 19, 2005: PP 05-014 Request for Preliminary Plat approval of 17 building lots and 2 common lots on 5. 89 acres in a proposed R-4 zone for EI Gate Subdivision by C2B Development, LLC - 701 Black Cat Road: Zaremba: So, that being said, we are ready for Items 5 and 6. I will open the public hearings -- reopen the continued public hearings for AZ 05-012 and PP 05-014, related to EI Gato Subdivision by C2B Development, LLC, 701 Black Cat Road. And, as I said, we will begin with the staff report. Canning: Chairman Zaremba, Members of the Planning Commission, just to get you back up to speed on where we are located, it's at the corner of Pine/EI Gato and Black Cat, on the southwest corner there, and as you can see it's -- many of the surrounding properties are developed in large five acre lots, but there are new urban density developments close by. And this is the current preliminary plat. And let me go back and remind you that you did conduct a Public Hearing on this on July 25th and at that time you asked the applicant to come back with the following changes: A design that met the R-3 zone standards, instead of the R-4, a request for 11 single family residential building lots, instead of 17. There was some discrepancy as to what the property was in relationship to the current right of way that ACHD had acquired. So, there was just questions about what the size was and the reason that staff had questioned that was because at five acres, then, some additional open space requirements kicked in. So, I think we have resolved those. And, then, a question about the future vacation of the 20 foot ACHD right of way on the south end of the property. And, then, along with that, then, the applicant would no longer be requesting a step up in density if they kept it the R-3 zoning designation. The applicant has done open space calculations. They seem to be just a tad bit shy of the five percent, but if they square up their preliminary plat, then, we feel that they will make that. And the staff report notes that they have indicated a six-foot chain link fence. I think the applicant's representative stated that they'd prefer to do a wrought iron fence along the Purdam Drain. Staff has also noted in the amended staff report that they feel it's important to have a vacation application that is submitted concurrent with this application. I believe that the staff report says before the final plat, though. I'll have to check that. Sorry. And those were the primary changes. These are some pictures. Again, this is where the two roads converge. You will remember there is probably a lot of discussion about EI Gato and Pine. I think we have those issues resolved as to how to go from two rights of way down to one. This is the area along the Purdam Drain. The work in the front is the road widening project -- Meridian Planning & Zoning August 4, 2005 Page 6 of 57 or sewer project. Excuse me. And, then, as you will recall, there was some question about an improvement project, but it is not on this site. So, with that I will answer any specific questions. I think, probably, the applicant can address their changes better than I. Borup: Mr. Chairman, the only comment I had, I thought we had -- was the original application was 17 lots? Canning: Yes. Borup: I think we had only asked them to eliminate three, which would have brought it down to 14. Canning: They reduced it even more. Borup: Right. I know. Right. You said one of our requests was to go to 11. I thought we only requested 14, so they -- Canning: Okay. I will change the staff report on that one. Sorry about that. So, they requested 14. Zaremba: Well -- and my recollection is we stated it as a minimum of losing three lots. Losing more lots is fine. Borup: Right. No. I don't have a problem with that. Nice project now. But three was what we had -- Zaremba: And my comment would be that I have noticed that we do have an application for vacation of those 20 feet that we will be hearing on August 18th. Any other questions from Commissioners? May we have the applicant, please? McKinnon: Thank you, Mr. Chairman, Members of the Commission. Dave McKinnon. 735 South Crosstimber here in Meridian. Anna did a pretty good job explaining the changes we have made. To put it bluntly, it's more a major change, it went from 17 lots down to 11 lots. As you have noticed from Anna's presentation, the comments that you had with her, the recommendation was to reduce it by at least three. We had a neighborhood meeting, the neighbors still wanted to see a dwelling -- a density dwelling of about two units per acre and so we reduced it down to 11, which puts us right at the two dwelling units per acre. And so after meeting with them we went down to the 11 units. In doing so, included a couple other issues as well. Open space. There is eight foot wide detached sidewalks. The open space is measured through here. When Anna talked about clearing up some angle points, we get the extra space, you can see right here we have some small angle points, the right of way. The reason why we do that is because ACHD owns this right of way here, but we can bring this squared and that gets us to our five percent open space. Furthermore, if you go down here, we can see some angle points. We can straighten those out as well and get to the five percent open Meridian Planning & Zoning August4,2005 Page 7 of 57 space. We met with the neighbors. At this point I think the neighbors are satisfied with where we are at with the -- I noticed there were a few in attendance tonight and they will have the opportunity to speak as well. I talked with a number of them, even after our second neighborhood meeting, and tried to resolve some additional concerns. There is still some discussion that you may want to have concerning Pine and EI Gato. At our last hearing it sounded like there was some unresolved issues with the Commission as to whether or not ACHD had heard this matter, having made a decision on this matter. Prior to our last meeting the ACHD commission had made a decision that this was their right of way and this is what they have requested us to do is to landscape this area, it's EI Gato, we will maintain this as part of the homeowners association. We are not allowed to count that towards our five percent open space. However, we are maintaining it, just to refresh your memory. If you have any questions for me, I'd like answer those at this time and I ask for approval of this project. Zaremba: Commissioners, any questions? McKinnon: Thank you. Zaremba: Thank you. We do have one person signed up to speak. Kathie Ferrera. Ferrera: Good evening, Commissioners. One more time. Kathie Ferrera, 4960 EI Gato Lane in Meridian. I think we pretty much have ironed out most of our concerns. I have a plan here that they sent that shows how Pine Lane will meet up with EI Gato and we haven't actually sat and talked about that, but if they can assure me that's it's not going to happen in front of my driveway, I will be real happy. And I'm not sure that we even have any neighbors in the audience tonight, except maybe one. So, I think that tells you that the concerns are pretty well gone, because we had a couple of real heated meetings here. And I would just like to take a minute and it's taken months for this project to get going, because the neighborhood was not in favor of it. We all have acreage properties out there, we were not happy to see a subdivision come in, but I do want to say that these developers -- I am sure in the beginning it was kind of whether they wanted to or not, they came out and they spent time with us and, then, we came back again, we kind of warmed up a little to each other and we could talk without fighting and I would encourage the Commission and P&Z -- really encourage you to compel developers to go out and work with the neighborhood residents for projects like this. Longstanding neighborhoods haven't seen any changes in 25, 30 years, it's pretty unnerving. But I believe that helps. And I think -- I have to say at this point I don't believe that we have any real objections to this project going forward. Thank you. Zaremba: Thank you. Questions from the Commissioners? Moe: I guess one thing I would like to tell you is thank you for that, quite frankly, that is what we encourage and, actually, is somewhat of a requirement for neighborhood meetings in order to come before this Commission here. Knowing that the neighbors and the developers have had their meetings things go much easier in regards to Meridian Planning & Zoning August 4, 2005 Page 8 of 57 understanding everyone's concerns and getting much closer to an end result. Yes, we have had a few long discussions over this project and, quite frankly, in front of you I would tell them that this project is very nice now, quite frankly. I'm very happy the way this has turned out. Ferrera: Thank you. Zaremba: Thank you. I would comment that our current ordinance encourages the neighborhood meetings. Meridian is in the process of developing a whole new development code and that one insists that there will be a neighborhood meeting. It is a requirement before they file. So, we are moving in that direction, but I appreciate your comments as well. Mrs. Ferrera was the only one signed up, but there is an opportunity for anybody else to speak if they wish to add a comment that has not been covered. All right. Thank you. Canning: Commissioner Zaremba? Zaremba: That being said, we will -- Canning: Before the applicant gets up, I do need to point out something. On one of the findings that's -- is this area included in the zoning amendment intended to be rezoned in the future. I need to address that for a moment, because it states that we need to have a new condition and a development agreement and there is no development agreement. My concern is that there is no R-3 zoning category in the proposed text that you were just -- the proposed Unified Development Code. If we could get the applicant to state on the record and agree that they will come -- provide a letter stating that they are okay with being rezoned to R-2, we absolutely need that. The standards for the R-2 district, as you will recall, are the current standards for the R-3. So, it will not have any impact on the development of the property, but we do need their permission to rezone. Zaremba: Thank you. We will ask the applicant to make that commitment. McKinnon: I will make that commitment. We will agree to the R-2 zone in the future as the development ordinance changes. Those are the only comments I wanted to add. Thank you for your time tonight. If you have any additional questions, I can answer those now. Zaremba: Commissioners? Moe: I guess the only thing I -- I am just verifying in regard to the fencing, what is the fencing going to be? McKinnon: We will have a fencing plan with that. We have got a ditch right there, we want to do something that's nonflammable, so -- and they may do some burning there, too, so it should be noncombustible. Meridian Planning & Zoning August4,2005 Page 9 of 57 Moe: Okay. Thank you. Zaremba: Thank you. Any further questions? Any discussion needed? Moe: Mr. Chairman? Zaremba: Commissioner Moe. Moe: I move we close the Public Hearing on -- let's see here -- AZ 05-012 and PP 05- 014. Rohm: Second. Zaremba: We have a motion and a second. All in favor say aye. Anyopposed? That motion carries. MOTION CARRIED: ALL AYES. Moe: Mr. Chairman? Zaremba: Commissioner Moe. Moe: I move that we forward onto City Council requesting approval of AZ 05-012, to include all staff comments of the hearing date August 4, 2005, received by the city clerk's office June 29th -- or July 29th, 2005. Rohm: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: ALL AYES. Moe: Mr. Chairman, I move that we forward onto City Council recommending approval of PP 05-014, preliminary plat approval, to include all staff comments of the hearing date July 4th -- August 4th, excuse me, 2005, received by the city clerk's office July 29th, 2005. Rohm: Second. Zaremba: We have a motion and a second. All in favor say aye. Anyopposed? That motion carries. MOTION CARRIED: ALL AYES.