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HomeMy WebLinkAboutSeptember 1, 2005 P&Z Minutes Meridian Planning & Zoning Commission September 1,2005 Page 50 of 90 Zaremba: Okay. We may as well mention the shared driveways again, then, also. Rohm: Okay. Do it all. Additions to the proposed motion, the developers will include footprints of the 12 homes to be constructed on Block 4 and shared driveways will also be shown. End of motion. Zaremba: And does the second accept the amendments to the motion? Borup: Yes. Zaremba: Okay, We have a motion and a second. All in favor say aye. Any opposed? Moe: Nay. Zaremba: We have four in favor and one opposed. The motion carries. MOTION CARRIED: FOUR AYES. ONE NAY. Zaremba: Thank you all very much. This will proceed on to City Council. These drawings are provided to our staff now two weeks ahead of the city Council Meeting, but they will also be available in the city clerk's office how far ahead of that meeting, do we know? Approximately ten days before the Public Hearing at City Council the drawings will be available in the clerk's office. And I wanted to thank the representatives of ACHD for coming out tonight and other representatives as well. Thank you. Traditionally about 9:00 o'clock we take a short break. And we have past 9:00 o'clock, so we will take ten minutes and reconvene. (Recess. ) Item 12: Public Hearing: PFP 05-004 Request for Preliminary Final Plat approval for 3 single family residential building lots and 1 common lot on 1.58 acres in a R-4 zone for Woodward Estates Subdivision by Cortland Walker - southwest corner of South Crestwood Drive and West 12th Street: Zaremba: Ladies and gentlemen, we will reconvene our meeting and let the record show that all Commissioners are again present. And we will proceed onto Item 12. I will open the Public Hearing for PFP 05-004, relating to Woodward Estates Subdivision. And we will begin with the staff report. Canning: Chairman Zaremba, Members of the Commission I realized toward the end of the last hearing that I was up next and, then, in doing my prep time I got sidetracked by a conversation about schools and planners and new planners and I could not talk to a new planner, because I love planning. So, you will have to, again, put up with my abbreviated presentations. I'm filling in for Brad. This is Woodward Estates. It is a preliminary-final plat for a four lot residential subdivision on 1.58 acres. It includes three Meridian Planning & Zoning Commission September 1,2005 Page 51 of 90 building lots at the northern end of the site, as you see, one, two, three, and, then, one common lot and the common lot would be in the homeowners association. It's at the southwest corner of Crestwood Drive and 12th. You can see the area there. It is currently vacant, except for the southern property is being used for RV storage and other storage. There are -- the property does consist of two existing parcels and they are both owned by the Center Valley Homeowners Association. You may think that this looks familiar and it is. The three proposed residential lots were the subject of a previous combine preliminary-final plat last year. It was 04-007. At that time that southern parcel was not included. It was under a different ownership. In reviewing the application, one of the things that was discovered that really needed to be included and that's why it's included before you tonight. These are un-platted property, so this is the first time they have been platted. Okay. A few other things. ACHD on those existing streets -- because there is no new streets, but ACHD has required that they bring those adjoining streets up to current standards. So, any existing deficiencies would be corrected regarding curb, sidewalk, gutter, et cetera. This property is designated as medium density residential on the Comprehensive Plan and it is surrounded by Crestwood Estates, basically. To the north it's plat number three, zoned R-4. To the south it's plat number five, zoned R-4. And to the east it's both Crestwood Estates No. 1 and Fenway Park Subdivision, R-4. But as you can see it's surrounded by R-4 development. Brad did ask me to point out that a correction on the owner of record. Crias Scolisi is not the notarized owner, it's now Cortland Walker. Okay. I'm going to move on to special considerations. The first is that parkway median improvements. There is an existing seven-foot wide parkway on the north side of the subdivision, which lies entirely within the public right of way and, then, there is also a hundred foot long island within 12th. I think one of these -- you can see it right there. And you can see that it's not green. Both of the landscaped areas are not being maintained by ACHD. They are in the right of way, however, These are typically maintained by the homeowners, but because there are no homeowners, they haven't been maintained, The staff -- the requirement that staff anticipates that the existing homeowners will take over responsibility, but they would also encourage the applicant to enter into a license agreement with ACHD and improve both those parkways and -- the parkway and the island. Regarding the common lot, the large one at the south end of the property, it's currently un-platted, as I mentioned before, but it is owned by the homeowners association and it's used for vehicle storage currently. Staff has asked in the staff report that at this Public Hearing that the applicant address maintenance responsibility and discussions with neighbors that they had and any changes that they -- that occurred on the site regarding improving the appearance of this property since last year. It was a discussion at the last hearing, so -- on the rundown appearance of this storage lot. Okay. And, then, two additional items to discuss. One was the landscape island on Southwest 12th. The island is -- as I mentioned before, within the ACHD right of way and it is not a common lot to any subdivision. But, again, the maintenance of that was a concern and if the applicant could address anything that he's worked with or has ideas about to improve this appearance of that. And I think that that is it for staffs presentation. I'll answer any questions you may have. Zaremba: Commissioner, any questions? Meridian Planning & Zoning Commission September 1, 2005 Page 52 of 90 Moe: Yeah. Mr. Chairman. Anna, is there irrigation to those planters? Canning: No. Moe: There is not? Canning: I don't believe there is. Moe: Okay. I think that the last time this came before us that was the same case. Zaremba: I remember something like -- Canning: If there is it's not working currently. Moe: Right. Maybe I'm just not here. Where, actually, is the Central Valley Homeowners Association system? Make note of -- that they are doing some extensions from another -- for the pressurized irrigation system. I'm just trying to figure out where that system might possibly be able to be extended into those planter areas as well. Cole: Commissioner Moe, Members of the Commission, it is a private system. They have indicated in this application that they have permission from Crestwood to extend the PI into their project. The preliminary plat was fairly vague on the particulars of it. It looked like that showed it as an extension from the planter strip that we have been talking about, as -- where it was shown on the preliminary plat. I'm not fully aware of where it's located. It's usually located down back property lines, the mains are. They would have to get pressurized irrigation to this -- these pieces -- these three lots as part of the conditions of approval. Moe: Okay. Thank you. Cole: I'm sure that if it is in that landscape as the preliminary plat depicted, that as they brought it across they would probably fix whatever deficiency was in that buffer and, then, it would make it work. Moe: Thank you. Borup: I do have another question on this famous planter strip. I assume -- I assume that was -- was built during the construction of either one or both of the adjoining subdivisions. Are we talking two subdivisions here, one on each side of the street? Is that correct? Canning: It's all Crestwood. Borup: It is -- Crestwood is -- .....--- Meridian Planning & Zoning Commission September 1,2005 Page 53 of 90 Canning: I believe so. Borup: -- on both sides? So, if -- I assume that was -- maybe we will get some clarification. So, I assume that was built when Crestwood was developed. If they have got a homeowners association, why isn't that the responsibility of the Crestwood homeowners association? Canning: I think there was a period of time when the Ada County surveyor was not as careful as he is now to make sure that there is ownership assigned to those islands as were platted. I think that some of them were platted completely within right of ways without any assignment of responsibility for maintenance and that's why you often see that as a plat note now, is because that is a concern. But I think that this was platted long enough ago that it perhaps missed that plate note. Borup: Okay. That explains that. I do have a question on one item, number 15, on the necessity of that. Public Works Department is probably the one that's going to want to address that. I'm just -- I'm just trying to get one more dig in on a pet peeve of mine, but go ahead. Canning: I can answer that. It is because of the island, you don't want to have the home taking access off of 12th, because the island would block the entrance into that property. Borup: So, it was only because of the island, not for any other reasons? Canning: Yes. Yes. Borup: All right. Thank you. Zaremba: Okay. We are ready for the applicant to come forward, please. Walker: I'm Cortland Walker, 1300 South Heidi Place. And, yeah, we are just trying to create three lots there. It used to be a tennis court, which was vacated, too much upkeep for the number one Crestwood Subdivision, which is over on this side. That was done back in probably '80, '78, '82, somewhere in that area. In about 1989 those -- whoever did that part of the development left, somebody else picked up this part over here and did Crestwood number two and, then, about probably six, eight years later somebody else did Fenway Park, which is just right across from Block 1. So, there is three subdivisions right there on the corner. Our intention was to change this into three building lots. The homes will be as good as or better than the other ones in the surrounding area. Most of them are 1,200, 1,250, 1,300, and up a little bit from there. We plan on building homes there in the neighborhood of 1,500, 1,600 square feet. Some of them will have basements. Actually, they will be for my -- a couple of my kids are going to live there. We live right where you see Block 1, just right left of there, we have our house right there. So, the grandkids can walk along the fence. That doesn't mean anything to you, but that's our intention was to make those lots so the kids could Meridian Planning & Zoning Commission September 1,2005 Page 54 of 90 live there and help them get into a house. As far as the strip there, I wished ACHD would let us just tear it out and put street in there. I don't know if they will or not. It's really kind of a horrible island. You can get one car up one side and down the other. You can't park on the side of the road, because of that median there. If that was an option, I would pay to get that thing out of the middle and pour pavement in there. Other than that, that's where we are at. Zaremba: Can you identify for us where the irrigation is going to connect? Where are you -- Walker: Well, if you could bring that other map up of the whole area. Is Corey here? There is Corey. All right. Corey can answer that probably better than I can, because he's in the Crestwood number one subdivision and it's right -- Zaremba: Pick up that other microphone if you would. Canning: Or use the laser pointer. One or the other. Walker: It's right there. Okay. You see a little pump house there, a little white spot, and that supplies the water for the Crestwood number one subdivision and, then, it would come across, take care of that median, and over to those other lots. Moe: So, you're saying it will go to the west? Walker: Is that correct, Corey? Yes. Moe: So, it will go to the west to pick up those lots? Walker: That is correct. Moe: So, it would go right through that planter area? Walker: Yes. Although it does now. I don't know why it doesn't work either. Do you know, Corey? Okay. We'll let him address that when he-- Moe: The other -- I guess the other question I had, has anyone gone to ACHD to verify whether or not you can get rid of the planter? Walker: I kind of got in after someone else was going to develop it and there was some things and he couldn't finish the job and somebody came to me and said would you like to have -- because I had already put an option through that developer and they said, well, do you want to take over and I said you bet. So, I kind of didn't get on the very first ground floor. Like I say, Corey can answer some of those questions that I can't. They are the Crestwood number one that that's to sell me the property and so with that I'll just turn the time over to Corey. Meridian Planning & Zoning Commission September 1,2005 Page 55 of 90 Moe: One more question, if I might. Walker: Okay. Mae: I understand what you're doing with the ~hree smaller lots. What are you going to do with the lower south lot? Walker: The big lot is still retained by Crestwood number one and it's their responsibility to take care of the RV park to keep the weeds down and all that kind of stuff. Moe: Okay. Borup: It's just been un-platted until now is all. Isn't that correct? Walker: Right. Moe: Okay. Thank you. Zaremba: So, the care of it is going to be the homeowners association. Walker: It's going to be the homeowners association of homeowner number one. Borup: And the road where the island is is not any wider. It doesn't bulb out there, so it's just normal road width. Walker: It's just a normal narrow street with a -- Borup: Which is different than the islands that we see now in the developments. Where we have the islands the road is wider. Walker: They are wider. Yeah. This one is really a boxy thing. When it was kept up it, you know, looks nice, but it's still an obstruction to the access to that street. Newton-Huckabay: How long is that street? Walker: You can see where it comes down to the bottom and makes a -- it goes that way or bend it the other way and comes around this side of Crestwood. Down at this side is a big drain ditch for irrigation. Drainage. Moe: So, then, you would be in favor of -- Walker: Oh, absolutely. Borup: Now you can say anything you want. Moe: Pardon me? Meridian Planning & Zoning Commission September 1, 2005 Page 56 of 90 Borup: He said he was in favor of something before you even said it. Moe: I noticed that. Zaremba: Painting the roadway blue is what he was going to say. Moe: I'm, actually, in favor of getting rid of the planter and I'm anticipating, then, you would take care of the cost of taking care of removal of that planter and repaving it in, if ACHD would allow that? Walker: I would do that. I would. Unless Corey really wants it. And I will work that out with him and ACHD. Zaremba: Boy, this would be the time to do it, since they -- have they done the chip seal in your neighborhood yet? Walker: Yes. Just finished it last week. Zaremba: Should have done it the month before. Walker: Yes. Like I mentioned, the access to the two lots will come off the Crestwood Street that runs parallel to Franklin. The other one will come off 12th on that third lot. Because of that median, that's the only way to get into that -- into that lot, right at the very end of the median. So, it makes it kind of tight to get in there anyway. Anything else? Zaremba: Thank you. Corey Makizuru. Makizuru: Hi. I'm Corey Makizuru. I live at 937 West Crestwood. And I'm also the President of the Center Valley Homeowners Association. This is -- well, first of all, the homeowners association is very supportive of these three lots moving into that common ground area. It's been a -- more or less a five year process in the works and I can, hopefully, answer a lot of your questions as to the planter, irrigation system. You know, at one time we actually had irrigation going to the planter, as well as to the common area when there was the tennis courts. When we pulled out the tennis courts with anticipation of selling that property, the developer actually tore up all of our irrigation line and, then, we also found a leak in our irrigation system that ran underneath the asphalt that led under the planter. So, we contacted ACHD about the possibility of having that planter removed and they told us that it's quite fine if we actually did it ourself, but they didn't have the funds to be able to do that. So, in the process of trying to develop this property, we tried to find the right time and the opportunity, since we would have to repair our irrigation system, which is under asphalt, under the road, so, therefore, most likely tearing out that planter, hopefully, removing that planter and we tried to actually remove it and tried to get ACHD to remove it, but they, again, chose not to do that. But simply the Center Valley Homeowners Association is very supportive of selling, you Meridian Planning & Zoning Commission September 1, 2005 Page 57 of 90 know, or subdividing this lot and we will have the responsibility to insure that they are hooked up to our irrigation system. And, then, the common ground area, the RV park on the south side of this lot, will also be our responsibility for upkeep. Answer any questions? Zaremba: If we can go back to the site plan, maybe, at least one that shows -- yeah. This one will work. Indicate either the current or abandoned or ruined or whatever you're saying -- locate the irrigation lines for me if you would. Makizuru: Actually, we have an irrigation line that ran into this area, which we are trying to develop. The line itself -- we believe it runs right across the planter and, then, there is lines that go across here to our pump house, which is located right there. And so we have lines that basically run through all of our homeowners area down here as well and, again, we are hoping to extend the line. We believe the line ends right there and I instructed my landscaping people to shut off the system, because there was a break in the system right there and, therefore, was impacting my homeowners on this corner. Zaremba: So, to connect to this new subdivision you're going to have to install a new line across the street or repair the old one or -- Makizuru: Correct. Zaremba: What's the thought? Makizuru: Our thought is -- first of all, we have to dig underneath the road on 12th to see if the line is repairable. If not, then, we have to run a new line. Zaremba: And can part of that process be fixing the part that supplies the island if you don't get it removed? Makizuru: Correct. Correct. Zaremba: Okay. Makizuru: Now, some of my neighbors really desire that this island is actually removed, because, as Cortland brought to your attention, the street is somewhat narrow, you know, and it's basically a one way here and a one way there. So, ideally, you know, if we could remove that island, that would be the ideal situation. Although at one time when we had the water going to that island we -- it was green and flowers and it was upkept by the homeowners association. Zaremba: Then just a point of confusion. This area is called Crestwood Estates, but the homeowners association is Central Valley. Is that two different things or -- is there a Crestwood Homeowners Association? Meridian Planning & Zoning Commission September 1, 2005 Page 58 of 90 Makizuru: The -- we belong to the Center Valley Homeowners Association, which consists of this area -- I'm sorry -- from actually along Franklin down along here and, then, down here. And this section there. And, then, this is, I believe, Fenway and this is the other subdivision. Crestwood number two. That doesn't belong to Center Valley Homeowners Association number one on this. It's sort of a strange, you know, awkward area, because this property belongs here to this group, even though this property sits in Crestwood number two, which doesn't belong to the Crestwood Homeowners Association. And, then, Fenway Park is down here. Zaremba: Thank you. Any other questions, Commissioners? Borup: Just one of the staff comments asked to address the maintenance of -- you said it would be under your maintenance, but apparently there has been some previous comments that may not have been done real well, so that's been addressed and can be handled better in the future? Makizuru: It has been addressed today and it's an issue that needs, you know, continued diligence on my part to insure that it gets done and it's a communication issue with our landscaping people to make sure it does get done. Clearly, due to the vacancy and just the uncertainty with that lot, it hasn't received the kind of attention that it should have. Borup: Thank you. Makizuru: And that would be corrected. Zaremba: Well -- and this would either reinstall or repair the irrigation going to it, which makes it easier to maintain. Makizuru: And our part it doesn't make a whole lot of sense to dig up the irrigation system if we couldn't remove the island, you know, and, then, have to re-dig the road if we had to, then, figure out what we need to do with those lots. So, we waited and it's been long, you know, and we are anticipating, you know, the lot to be -- those homes to be built and, then, we can get water to it. Zaremba: Okay. Thank you. Those are the only people that are signed up. Is there anybody else that cares to add anything? Okay. Mr. Walker, do you care to have a final word? Nothing to rebut. Okay. Commissioners? Newton-Huckabay: I have no comments. Rohm: It appears to be very straight forward to me, Mr. Chairman. Moe: I would agree. I guess I'm still just trying to -- I realize that the city has prepared the staff report, you know, it's already been -- you know, the city can't require the applicant to improve the landscaping in those planters and whatnot, but I guess I'm Meridian Planning & Zoning Commission September 1,2005 Page 59 of 90 curious as to what avenue do they take or whatnot to either get ACHD's approval to go ahead and remove that planter. I mean either way they are going to trench across that street to get irrigation over to those lots. So, I'm just trying to get kind of a handle on how this is going to be addressed, whether or not they are going to provide irrigation for that planter or whether they are going to try and get rid of the planter. Zaremba: The Public Hearing is still open and, yes, you may. Moe: I was hoping you would come up. Walker: Along that road -- I will just walk over -- right along here the sidewalk sits back -- the sidewalk is right here. This is the street curb. And so there is a buffer there. Grass. What they are probably referring to is that we have the same thing that runs along here. This is just sidewalk here. It's detached. There is a patch of grass in the middle and that's probably what they are requesting that is taken care of, besides this planter here. Zaremba: My comment on the island would be I would have no problem with it being removed. I think that's a fine solution. I would have no problem with it being nicely landscaped and maintained. What we don't want is the middle ground, where it's not removed and it looks the way it looks today, which is not attractive. Walker: It sounds like the association is in favor of removing it as well, so that will be our first option is to try to move it out of there. If not, we will keep it. Zaremba: And since it sounds like the source for your irrigation comes through there anyhow, if it's not removed, repairing it would be part of the deal. Walker: Right. Zaremba: Okay. Thank you. Moe: I guess just one other question for staff, then. They would, indeed, still need to enter into a licensing agreement with ACHD in regards to the Crestwood Drive parkway area? Under special considerations item number one at the end there, your last sentence in there. Canning: I don't -- I thought that was mostly for the island. Generally, on the parkways the individual property owners don't enter into license agreements with ACHD, to my knowledge. Moe: So, then, it sounds like they will be able to work it out a couple different ways, either they are going to get rid of the planter area altogether or they are going to need to do something with ACHD with the planter. Canning: Yes. Meridian Planning & Zoning Commission September 1, 2005 Page 60 of 90 Moe: Okay. Canning: And, then, I just wanted to make sure that the Commission felt they had gotten enough information on the RV storage and the upkeep of that. It has been in the ownership of the homeowners association and that was the source of complaints from the public at the prior hearing. Now no one's here this time, so I don't know -- Zaremba: Well, he stated for the record when there is irrigation available to it that there will be better upkeep, but do we need to do something more specific than that? Canning: That's up to you all. Zaremba: Okay. Borup: I think you were talking to someone when we discussed that or were you? There was not a lot of discussion. They just said that -- the homeowners association said they would be addressing that and be more diligent on the upkeep. I don't think we discussed any landscaping there, though. Was that an issue? Rohm: I don't believe so. Newton-Huckabay: Strongly suggest you landscape it. Zaremba: Well, that would be a question. Since it's not a residential use, can we require that there be a landscape buffer? Canning: I'm trying to think what the code says. I don't know if it would be a listed use of storage. It's unusual in that it's an accessory storage kind of, it's accessory to the subdivision. We don't see this very often in ours. There are not required buffers for local streets and this is a local street. So, typically, you wouldn't see one there, unless they were bringing in a parking lot and, then, the parking standard -- landscaping standards would apply. So, it's kind of a -- even though it's being used for storage, it's not really a parking lot. You can definitely -- it's kind of in this kind of limbo land where we don't have much going out there, so -- Rohm: Personally, I think that it's a code enforcement issue after the fact. If, in fact, it's not being maintained properly and it's brought to the attention of the city, they can issue a citation to clean it up and that's enough said about that and they know it needs to be maintained and we don't have to specifically address it as a separate line item, just note that it's been addressed as far as this application and the applicant has spoke to their willingness to do a better job of maintaining it down the road. And, in my opinion, that's enough said about that. Zaremba: Thank you. Meridian Planning & Zoning Commission September 1,2005 Page 61 of 90 Moe: I would agree. Zaremba: Are we ready for a motion? Rohm: Mr. Chairman? Zaremba: Commissioner Rohm. Rohm: I move that we close the Public Hearing on PFP 05-004. Moe: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: ALL AYES. Rohm: Mr. Chairman? Zaremba: Commissioner Rohm. Rohm: I move that we forward onto City Council recommending approval of PFP 05- 004, to include staff comments for the hearing date September 1 st, 2005, and received August 29th, 2005, in their entirety. End of motion. Moe: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: CUP 05-040 Request for a Conditional Use Permit to modify the Conditions of Approval for CUP 05-030, in order to allow the existing building at 703 North Main Street to remain and to allow a public use in the O-T zone for Farmers and Merchants State Bank by Farmers and Merchants State Bank - 703 North Main Street: Zaremba: We are ready for Item 13 and I will open the Public Hearing for CUP 05-040, relating to Farmer and Merchants State Bank and begin with staff remarks. Wilson: Thank you, Mr. Chairman, Members of the Commission. Farmers and Merchants State Bank as applied to modify the conditions of approval for CUP 03-050, which was an approval to construct a new bank facility on their -- on the same property as they had an existing older bank facility at the corner -- at the northwest corner of Broadway and Main Street in downtown Meridian. A condition of approval that was the