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September 1, 2005 P&Z Minutes Meridian Planning & Zoning Commission September 1,2005 Page 73 of 90 Moe: That was for both of those. They were both noted, the AZ and the PP both were. Zaremba: You did them together. I wasn't -- Moe: That was within the proposed motion as notes in the staff report. Item 16: Public Hearing: AZ 05-037 Request for Annexation and Zoning of 3.57 acres from R-1 to R-8 zone for Breinholt Subdivision by Richard and Susan Breinholt - 2580 North Meridian Road: Item 17: Public Hearing: PP 05..036 Request for Preliminary Plat approval of 22 single family residential lots and 3 other lots on 3.57 acres in a proposed R-8 zone for Breinholt Subdivision by Richard and Susan Breinholt - 2580 North Meridian Road: Zaremba: Okay. Thank you. Thank you all. In that case we are ready to open the public hearing for AZ 05-037 and PP 05-036, relating to Breinholt Subdivision. And we will begin with the staff report. Guenther: Thank you, Mr. Chairman, Members of the Commission. Breinholt Subdivision is located off of Meridian Road just slightly -- well, it's a half-mile north of Fairview Avenue. The location is another one of those long, sort of skinny pieces that we deal with quite often. This would be considered an in-fill parcel as approximately 80 percent of it is surrounded by existing platted lots. The property to the north of it, we have had discussions with the owner and they will in the future probably be bringing in a similar type of a development with a stub street that would have to connect through this subdivision or this proposal. As you can see from the aerial photo there is a two major features. One would be the South Slough, which runs along a portion of the northern border, which the South Slough does call for a multi-use pathway. This is listed in the -- as a portion of the preliminary plat. The preliminary plat doesn't include the landscape plan for this proposal, just because of the size of the parcel, it's very minimal. The parcel is also proposing to have -- I'm sorry. The second feature is the existing home that's on there, which will be removed. The odd feature for the site is the four stub streets coming from the south, which is Fothergill Point. Normally, we don't see a three and a half acre site with four stub streets to it. The applicant has made the best of this situation, as shown here. I did meet with them many times in order to discuss alternates and proposals. And the proposal here is what staff recommend to them. There are several parcels here. There is 22 single family residential parcels and about two-thirds of them are single family attached product, which would be townhomes. The roadway system is currently shown as 29 feet back of curb to back of curb. Staff is recommending one additional condition to just define that in order to meet fire department concerns, which would be the 29 feet from front of curb to front of curb. So, they are going to just have to up that six inches in there for a minor, minor redesign. With that, the -- there is one issue in the staff report and it does indicate that the date of the preliminary plat is July 13th in a couple of situations. This plat was amended for July 20th. And so all references to July 13th should be July 20th and that would be the Meridian Planning & Zoning Commission September 1. 2005 Page 74 of 90 date of the preliminary plat upon which the staff report is based. At this time to, and due to the hour, I will stand for questions and keep it short. Zaremba: Commissioners, any questions? Moe: Would you just give me that date and change again. Guenther: July 20th. Moe: 20th instead of the -- Guenther: July 13th. Moe: 13th. Okay. Zaremba: Thank you. Would the applicant care to come forward. Leavitt: Honorable Chairman and Commissioners, my name is Reese Leavitt, I'm with Leavitt and Associates Engineers in Nampa. I'm the project engineer for Breinholt Subdivision. Represent the owners. I have reviewed the staff report with them and the conditions of approval and they are in agreement with the staff report and concur with the conditions of approval, except for a couple of concerns. With the amended proposal, the number of lots was reduced from 22 to 20 build-able lots. I just want to mention that. And one concern that they have has to do with the condition of approval - - of approval general requirement preliminary plat. It's item 1.2.6, which has to do with trees that are four inch caliper and bigger in replacement. There is a couple -- several cottonwood trees out there that were just getting started when the dinosaurs were dying out and they have grown to a considerable size. They are nearly the size of cars at the base and these monsters are probably a hazard to the project. I understand that they are considered as waste trees and I just want to make sure that this condition would not be applied to these trees. The owner is concerned that if that be the case, by the time he gets through planting trees there might not be any room for any buildings. So, I want to present that just as a question and a concern. The application is consistent with the zoning ordinance in the Comprehensive Plan. The project will benefit the public interest by providing diverse housing type. According to the annexation and zoning analysis this is a good location for the proposed housing. The requested zoning and proposed density are harmonious, appropriate, and consistent with existing development in the near vicinity. And we are in agreement with the staff recommendation for approval and urge you to approve the project. I will be happy to stand for any questions. Zaremba: Thank you. Borup: I do have a question on -- well, may be a comment. If the trees -- contact the parks department and they determine which are the junk trees and which ones need to be mitigated. But a cottonwood I don't think are in that category, are they? Meridian Planning & Zoning Commission September 1, 2005 Page 75 of 90 Guenther: Commissioner Borup, typically with old trees that are of a soft wood nature, which would be willow or a cottonwood, they are extremely hollow in the middle and Elroy is very good about calling them out as junk trees. Borup: That's what I thought. Just a question on the -- I have got two plats here. One of them shows Voyager going through and the other does not. Guenther: The amended plat shows Voyager going through. Borup: It does? Guenther: Yes. Borup: So, we do have four access points. Guenther: Yes. Borup: Any comment on that? Leavitt: The owner desired that it not go through, but it was an ACHD condition or recommendation. So, the amended plat shows it going through. Borup: ACHD? Zaremba: They left. Borup: I mean it has no logic in my mind. Other than it's there. But just because, you know, somebody screwed up 25 years ago, you live with it now. Guenther: Commissioner Borup, staff did work with the applicant on this and we did recommend that Voyager be vacated, but the two houses in this location, as I'm showing, take access approximately 20 feet off of the northern border and this is a fenced off area currently and they just said it was easiest just to continue the extra six feet up, rather than trying to vacate that easement or that right of way, so -- Borup: Don't have to worry about any access streets being blocked here, then. Zaremba: All right. Thank you. Leavitt: Thank you. Zaremba: Signed up to speak, Ed Sweet. Breinholt: Commissioner? Zaremba: Yes. Meridian Planning & Zoning Commission September 1,2005 Page 76 of 90 Breinholt: I would like to be recognized first if that's all right. I'm the owner. Zaremba: Okay. Please come forward. Breinholt: I don't need to take a lot of time. For the record, my name is Richard Breinholt. I'm the owner of the property in question here. And my address is 1976 Star Lane in Meridian. I believe the staff has done a really good job of addressing any concerns and issues. The reason for the second application is that we originally applied to have the Voyager not continue through and the engineers have talked to ACHD and they insist that it becomes a legal issue where they have required people to plat that and build it, that stub there, and so it needs to go through. But, in my opinion, it doesn't improve the quality of the neighborhood or the quality of the traffic flow or the amenities around it. And so we tried to -- originally to apply it with -- or apply for the subdivision without Voyager continuing through. And it was pretty cut and dried that they wanted that through and so that's what we have done. Having said that, I don't want to take a lot of time. I think that the engineers and the staff have done a great job and that it's a pretty clean job on the subdivision. But I did want to be recognized, so I could let you know I'm here and interested and, if necessary, I'd like to rebut. Zaremba: Okay. Thank you. Breinholt: Any questions? Borup: Any questions? Thank you very much. Okay. Now, Mr. Sweet, please. Sweet: Good evening, Chairman and staff. I am the property owner. Could we bring up that other -- Zaremba: And would you, please, state your name. Sweet: Yes. Ed Sweet. 2640 North Meridian Road. Okay. That section that you referred to earlier right there is -- I am the property owner of. I do have to apologize for not getting a copy of that plat and knowing about that last comment, I'd like to state about -- that Voyager was not going through. It seems highly impractical, I think, to run a stub -- a street stub through there. This comes down, crosses, and is right at that property line. So, you got a tremendous creek that runs right there. Borup: That stub wasn't going to your property. Sweet: Okay. Borup: Just the one that-- Meridian Planning & Zoning Commission September 1,2005 Page 77 of 90 Sweet: See, with that through -- I'm trying to understand what the through means, you know, somehow going across, but, actually, that -- it will stop on our property line; is that correct? Borup: It just goes through that street. Zaremba: Through the extra six feet to connect to the cross street. Sweet: Okay. Zaremba: Only the one on the far east goes through. Sweet: Okay. That clarifies that. Because we do have a concern, we are in the process of doing a plat on that back five acres, so -- and I think it was clarified that -- if I'm correct, that there will be a sewer and water stub brought in that access. The reason I say that is say -- if you could bring up that other site? Originally, when John Ewing with Fothergill Subdivision was developing that, that right there was a cul-de-sac, which landlocked that property. It was impractical to come across here for access, because of the narrowness, but the road system for that, besides the slough crossing, Meridian and Ada County came in and said you have to change that. Not only did they do that, but they were to run sewer and water stubs to that property. Come to find out, checking with the engineer, was they didn't run that deep enough. Through our discussions, when this -- before this was developed, that was one of the conditions. So, we have -- my understanding, we have worked out that sewer and water does come through -- will be coming through an access here. They have that property back there. But I wanted to just put that on the record that that's the plan for that sewer and water to be able to handle that acreage back there and I believe the sewer department has planned that. They haven't got anything on that part. The other thing I just want to kind of make sure is the irrigation that irrigates that whole property and this property comes right -- comes down through here and is actually on this property. And, then, it does cut in and this is discharging in there. When that development is done that whole ditch would be covered up and so on and pressurized irrigation will be provided, but I want to make sure that I still have the irrigation water rights to be able to continue to irrigate -- flood irrigate the way that land has been done for a hundred years, so -- and, then, I see there is an adjustment to the lot size. I was just kind of curious how those lots would fit in that type of parcel, 25 total lots, three common lots, but I see it was moved out a little bit. That's my comments. So, any questions I can help answer at this time? Zaremba: And you're comfortable with the one stub street that goes through the east end of this property? Sweet: Yes. That's correct. That will -- from our initial meetings with the city, yeah, that street will go and, then, it will come out there from that -- and provide the access for that development in there. So, yeah, that one through stub, yeah, is agreeable, and we agree upon that, so -- Meridian Planning & Zoning Commission September 1,2005 Page 78 of 90 Zaremba: Great. Thank you. Commissioners, any other questions? Moe: Not a question, but just a statement. The sewer and water are in that road to go up and -- on the -- was that Largemont Avenue? Sweet: Right. That was sewer and water, but I just wanted to make sure that the size of stub they run through is continued to be able to handle that back fÎve acres. That's all. Because the way it was supposed to be, that was up at the other end on -- that's Hawk up there. But when we went and talked with the city about that, to make sure everything was okay, come to find out those were not large enough sizes to handle that proposed development, so -- Moe: Well, per plan it's an eight-inch. Sweet: Eight inch? Moe: And I can guarantee you that's fine. Sweet: We figured we would have to go that way, so -- okay. Zaremba: Thank you. Okay. That's all who were signed up. Anybody else care to add anything? Mr. Breinholt, do you care to respond or conclude? Final remarks? Okay. Mr. Leavitt, then. Leavitt: Reese Leavitt. We would be happy to work with Mr. Sweet on this sewer to make sure that we keep it low enough to take care of the needs to serve his properties. Existing irrigation we will protect that supply, so that he can continue to flood irrigate that little section. I think those were the only concerns and questions that he had and we will be happy to work with him on the project. Zaremba: Those were the big ones that related to your project, I believe, so -- Leavitt: Yes. Zaremba: Commissioners, any other questions? Staff? Guenther: Not at this time. Zaremba: Okay. Thank you. Any deliberation or discussion? Borup: I think it's pretty cut and dried, wasn't it? Zaremba: Are we ready for a motion to close the public hearings? recognizes Commissioner Newton-Huckabay. The chair Meridian Planning & Zoning Commission September 1,2005 Page 79 of 90 Newton-Huckabay: Okay. Mr. Chairman, I recommend we close the public hearings on AZ 05-037 and PP 05-036. Borup: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: ALL AYES. Newton-Huckabay: I move to recommend approval to the City Council on file number AZ 05-037 and PP 05-036, as presented in the staff report dated August 24th, 2005, and the plat dated -- is there changes on that? Guenther: July 20th. Newton-Huckabay: July 20th, 2005. End of motion. Moe: Second. Zaremba: We have a motion and a second. All in favor say aye. Anyopposed? That motion carries. Thank you. MOTION CARRIED: ALL AYES. Item 18: Item 19: Item 20: Public Hearing: AZ 05-038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver Development, LLC - southeast corner of Ten Mile Road and Chinden Boulevard: Public Hearing: PP 05-037 Request for Preliminary Plat approval of 200 building lots and 21 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC - southeast corner of Ten Mile Road and Chinden Boulevard: Public Hearing: CUP 05-039 Request for 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 Irvine Subdivision by Dyver Development, LLC - southeast corner of Ten Mile Road and Chinden Boulevard: Zaremba: All right. I will open Public Hearing AZ 05-038, PP 05-037, and CUP 05-039. These all relate to Irvine Subdivision at Ten Mile Road and Chinden Boulevard and I will entertain a motion to continue all three of those to our meeting of September 15th, 2005.