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HomeMy WebLinkAboutAmbercreek Subdivision PP .! Meridian Planning & Zoning Commission January 5, 2005 Page 22 of 93 Guenther: And one point of clarification. All townhouses receive certificate of zoning compliance application, so they have to come back to staff for landscaping on all these lots as well, as well as for all the commercial buildings. Borup: My question was -- yeah. Let me -- my specific question is are we looking at the possibility of having perhaps all the townhouses built with no landscaping on Franklin Road? Guenther: No. The landscaping on Franklin Road, regardless of which phase is first, is a perimeter landscaping and is required by ordinance to be installed. Borup: All right. That clarifies -- that's what I originally assume, but with this new language I wasn't sure. Rohm: Okay. Thank you, Commissioner Borup. Newton-Huckabay: Are we ready for a motion? Zaremba: I'm ready for a motion. Newton-Huckabay: Mr. Chair, I move to recommend approval to the City Council of file numbers AZ 05-056, PP 05-058, and CUP 05-051 as presented in the staff report for the hearing date of January 5th, 2006, and the preliminary plat dated October 2005, with the following modifications to the conditions of approval: In Exhibit B, on page four, comment 2.15 will be modified to read all development improvements for each phase, including but not limited to sewer, fencing, micro-paths, pressurized irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. And comment 1.8, we will change Lot 22 to Lot 21. So, it's lot 21 that is the open space lot. And that is the end of my motion. Moe: Second. Rohm: We have a motion to forward onto City Council recommending approval of AZ 05-056, PP 05-058, and CUP 05-051. All those in favor say aye. Opposed same sign? Motion carries. Thank you. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from December is, 200S: AZ OS~OSS Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zone for Ambercreek Subdivision by Dyver Development, LLC - North Meridian Road and West McMillan Road: Item 13: Continued Public Hearing from December is, 2005: PP OS-OS7 Request for Preliminary Plat approval of 175 single-family residential building lots and 16 common lots on 35.33 acres in a proposed R-8 zone Meridian Planning & Zoning Commission January 5, 2005 Page 23 of 93 for Ambercreek Subdivision by Dyver Development, LLC - North Meridian Road and West McMillan Road: Rohm: At this time I'd like to open the public hearings on AZ 05-055 and PP 05-05? Both of these projects relate to the Amber Creek Subdivision and I'd like to start off with the staff report. Hood: Thank you, Mr. Chair, Members of the Commission. The subject applications include annexation and zoning of 35.33 acres to R-8 and the preliminary plat includes 175 single family build-able lots and 16 common lots. The applicant is proposing a mix of alley-loaded lots and standard street-loaded family lots. I'll get to the plat here in just one second. The area is located on the south side of McMillan Road and on the west side of Meridian Road. This is a fairly current aerial from 2003. To the west of the property is Cedar Springs North Subdivision. A lot of those lots you can see on there have final platted. I believe there is a phase or two also that isn't showing up here. There is a townhouse phase in what would be their northeast corner along Chinden Boulevard -- or excuse me. McMillan. That has not final platted yet. Across McMillan is a phase in Paramount that includes multi-family and commercial areas. There is an out parcel. It shows up a little bit better maybe on this map. Right at the intersection of Meridian and McMillan that is not part of the subject application. And across Meridian Road is currently agricultural property. Same to the south. All zoned in the county and not annexed into the city yet. Here is the preliminary plat that I spoke of earlier. The average lot size in the development is 5,000 square feet. The gross density of the project is 4.95 dwelling units per acre. The applicant is requesting a step up in density as allowed by the Comprehensive Plan future land use map. However, this body has recommended that the City Council actually change the designation of this property to be medium density residential. That has not happened yet. The City Council, it's on their agenda for January 17th and they will be evaluating that request and it just didn't make much sense to have a low density corner there when it's medium pretty much around it. So, the applicant and staff and the Planning and Zoning Commission pushed it along. So, I did want to point that out. Nearly 12 percent of the site is being set aside for open space. Six percent of the site is being set aside for usable open space, so that's going to be areas exclusive of your buffers or any other type of otherwise required landscaping. So, this would be your open space parks, your micro-paths, those types of things that count towards your usable open space. They also have in the first plan maybe did a little bit better job, a pretty good size private park located near the main entrance there from McMillan. Within the park there is a tot lot, a picnic area, and pathways that tie into the park from the south. One of the conditions in the staff report is that this stub street be relocated to this general location to the south and that will allow pedestrians from future developments to the south to have a pretty good straight shot to this neighborhood park, as well as it prevents this roadway from becoming a long straight raceway type road. So, that's in the staff report. A couple of other things, I guess, just to touch on. These are the alley-loaded -- Blocks 3 and 4 are alley-loaded blocks and you have got your more traditional detached single family around the perimeter primarily. A couple of the other conditions in the staff report. Staff is recommending that the applicant enter into a development agreement with the city. Meridian Planning & Zoning Commission January 5, 2005 Page 24 of 93 Some of the things in that development agreement do restrict access -- future access to the arterials. The Lemp Canal runs along the south side of McMillan. It gets pretty costly, anyways, to build bridges and whatnot there, so that one probably isn't too big of a concern. But no direct lot access to Meridian Road, as well as staff is looking to have a stub street from their main entrance onto Meridian Road to this out parcel here. It's about five and a half -- there is, actually, two parcels. I believe it's all under the same ownership. A little over five acres. Five and a half acres here. But that this property provide an access there, so we can limit future access points to McMillan and Meridian Road with the stub streets. Maybe the last comment that I will make -- and this is also in the development agreement, something that is not typical, but just based on some previous discussions with some of the elected officials here at the city. There is a future middle school planned just on the other side of this intersection and staff was -- has included a provision in that development agreement that with the first final plat phase they actually construct all the sidewalk along their street frontage. So, that would be, you know, just -- not all the way to, you know, the out parcels or whatever, but just their portion of the sidewalk. So, with that I think I will stand for any questions. Staff is recommending approval of the project with the conditions noted in Exhibit B of the staff report for the January 5th hearing and I will stand for any questions. Rohm: Thanks, Craig. Any questions of staff by the Commission? Mae: Mr. Chairman? Rohm: Commissioner Moe. Moe: Craig, you make comment of issues and concerns in regards to the five acre parcel in regards to a sewering stub. Kind of outline what -- Hood: I'll pass the microphone to Mike. It's, actually, his comment, so he can probably explain that a little better. Mae: Okay. Cole: Commissioner Mae, what was the question again? Moe: Well, I'm just noting that in the report that staff has concerns about the five acre parcel, that all sewer to be stubbed to the north. Cole: Public Works has a comment in there -- I can't remember the number off the top of my head. I could look it up. But the only stub to this five acre parcel is up to the north where this -- to the north and through -- to and through policy, they would put a sewer stub here, as this is reaching the very limits of the drain area for this sewer shed, it's getting pretty shallow up there and the natural topography tends to run down, staff has some concerns that this one sewer stub from the north may not reach all of this. So, we just add a comment that they add a sewer stub to this road, that the planning 1 Meridian Planning & Zoning Commission January 5, 2005 Page 25 of 93 department has talked with the applicant earlier and he didn't seem to have a problem with it at the time. Rohm: Okay. Thank you. Cole: That was comment 2.2 that I had in there. Mae: Okay. Cole: Thank you. Rohm: Thanks, Mike. Any additional questions for staff from the Commission? Seeing none, at this time I'd like to invite the applicant to come forward. Newton-Huckabay: Mr. Chair, can I make one comment? Rohm: You certainly may. Commissioner Newton-Huckabay. Newton-Huckabay: Could somebody, please, go to the lobby and ask the folks to move into that part of the lobby that's blocked off or close the door. Baird: Don't close the door. Newton-Huckabay: The noise is distracting for me. Baird: Mr. Chair, I don't recommend closing the door for public open meeting purposes, but if they would move out, that would be great. Newton-Huckabay: Thank you. Rohm: This is being taken care of as we speak. Thanks for your comments. It needs to be taken care of. Newton-Huckabay: Thank you. Rohm: Okay. With that being said, would the applicant like to come forward? Amar: Thank you, Mr. Chairman, Commissioners. My name is Kevin Amar. My address is 2364 South Titanium. I have called Mike the hammer before and now I know why. It quieted right down. Tonight we are here for Amber Creek Subdivision. It's a very straight forward project. It's an R-8 designation that we are requesting. We do have 175 residential lots and we appreciate your staffs presentation on that. They presented it very well and did indicate as far as what we are proposing. A couple of the comments I would like to address are with respect to sewering. I think Commissioner Mae you had that question with respect to sewer. We also have a unique situation in this one with respect to the to-and-through policy that the City of Meridian typically has Meridian Planning & Zoning Commission January 5, 2005 Page 26 of 93 and I'll address it also as we are trying to cooperate with them in that also. Quickly for -- could we go back to the area map? As we look at this property, it is one of the last parcels in this square mile that is yet to develop. This portion is now developed and this is under future development. With Paramount being high density, as well as commercial on that corner, a school on this corner, and as I understand it before long there will be another proposal in this area for an R-8 subdivision, this would blend in very well for that area, providing the density, as well as the amenities within the subdivision that would be fitting. If we can go to the next slide, Craig. With respect to the -- thank you. With respect to the subdivision itself, there were a couple comments, one being a road stub here, which we would be more than happy to provide. In that road stub would be sewer and water. So, that will address the concerns from Planning and Zoning. The issue with the off-site water line, there is a portion of water that will be required to build the water along our entire frontage of both McMillan and Meridian Roads, but there is about 260 feet here that is not on our frontage, so we will be cooperating with the City of Meridian to build that while we were -- while we are under construction and will be completed. There is water currently at the corner of McMillan and Meridian. So, we are in compliance with that or in agreement with that condition and have no issues whatsoever. With respect to the subdivision itself, we have got a mix of product type, concentrating the alley lots near the center of the park and actually -- or near the center of the project. We have some single family detached lots around the park area. As you can see in the park, we have got some pathways coming from either side and, then, a common area, a tot lot, as well as a pathway that goes through the addition or the relocation of this stub road down to here will provide a natural break in future access for this park. So, we anticipate with the park being nearly two acres in size it will be a large area for people to recreate and maintain and we are excited about the project. We appreciate staff's support and we would ask for your recommendation of approval. I'll stand for any further questions. Rohm: Thanks, Kevin. Any questions of the applicant? Borup: Mr. Chairman, just a clarification on the water lines. They are not coming through Cedar Springs? You're saying that the water line is in McMillan? Amar: The water line -- there is currently water in Cedar Springs and we will be connecting to that also. Borup: Okay. But there is a separate line on Meridian -- on McMillan also? Amar: Correct. This policy -- the Public Works Department requires that each development provides the frontage water lines also, the main supply. So, we will be required to put it in McMillan. Their concern was this small out parcel. They just wanted to tie in. Borup: All right. Okay. Meridian Planning & Zoning Commission January 5, 2005 Page 27 of 93 Amar: There is one comment and I failed to address it. This sidewalk that was being requested to be -- our first phase will be on the southern portion of this site -- my pointer's dying. The southern portion of the site -- and that has to do with utilities and connection to services. So, the sidewalk on the northern portion, we are requesting that that be constructed at the time of the second phase or during that adjacent phase, that the sidewalk just be constructed with the phase, rather than prior to that phase. That would be the only request. A little different than what staff has indicated. Rohm: Before we leave that, I think I'd like to ask staff to comment on that request. Amar: Sure. Rohm: And we will see where we go from there. Hood: Mr. Chair, Members of the Commission, the reason that that condition was put into the development agreement is just other conversations that I have had -- not personally, but overheard -- I guess overheard at the City Council and the safe sidewalks to schools. I know that this school has been talked about specifically in getting those sidewalks on two lane arterials that aren't scheduled for improvements and getting those sidewalks in as soon as possible, so kids can have safe routes to schools. That's really where I'm coming from there in the comment. So, there is nothing in code that says that they have to put it in with the first phase -- all the sidewalks in with the first phase. So, it was really more of a heads up for the applicant that staff believes that it's something that is in the best interest of the city to have happen and would really facilitate the safety and welfare of kids walking to school. So, that's how it got into the staff report. Rohm: Okay. Thanks, Craig. And I think we can make that part of the development agreement, but we will move forward from there. Any other questions of the applicant from the Commission? Okay. At this time we will open it to the public. Thanks, Kevin. Amar: Thank you. Rohm: All right. And we don't have anybody signed up for this, but at this time this is an opportunity for anyone to come forward that would like to speak to this issue. Now is the time. This is going very well. This is my first night as chairman, so I -- Zaremba: You're doing an excellent job. I appreciate the speed with which this is happening. Rohm: Yeah. At this time I'd like to request of the Commission any further discussion or recommendation for closure of the Public Hearing? Borup: I guess I still, Mr. Chairman, have some questions on the sidewalk along McMillan. I just noticed that this -- as it stands right now with the staff recommendations, that sidewalk goes in with the first phase. Meridian Planning & Zoning Commission January 5. 2005 Page 28 of 93 Rohm: That's correct. Borup: I notice the staff report also says the school is scheduled to be built in 2007. So, if the school is the main concern for the sidewalks -- I don't know what time frame you have on this, Amar: Our anticipation for the first phase would be this fall. So, the second phase would be the spring of 2007. And one request -- I understand the reason for the sidewalk -- Borup: I do, too, and I agree with that, but I mean is it necessary to have the sidewalk in before the school is built? Amar: Well -- and the question I have -- well, I guess that was my question. If it's a problem we can certainly build the sidewalk. I just always seem to break the sidewalk during the construction phase, so I don't like breaking the sidewalks, because -- Borup: Comment on that, Mr. Hood, if -- Newton-Huckabay: May I make a comment before -- having experienced first hand the fiasco that was Sawtooth Middle School, if you will, I think that constructing the sidewalk, especially on the north side, given the amount of students that are going to be coming from the west, is I think -- I think it would be critical. I think it's important. Borup: But we are 300 feet short of the intersection. Newton-Huckabay: Well, that's better than a thousand feet. Borup: No. I'm saying -- no, I agree it needs to be there by the time the school is there. I wonder if it can be at construction of a phase or prior to the school, whichever comes first. Amar: Mr. Chairman, Commissioner Borup, I really can go either way. I just -- it's fine. We can build it with the first phase. I'll just break it and fix it. I know how to do that. I have done it before. Mae: I guess it would be my recommendation that we don't change the staff report. Amar: Thats fine. Thank you. Rohm: All right. Any additional questions of either the applicant or staff? Okay. That being said, I would entertain a motion to close the Public Hearing. Moe: Mr. Chairman, I move -- ~ Meridian Planning & Zoning Commission January 5, 2005 Page 29 of 93 Rohm: Commissioner Moe. Moe: Sorry. Interrupted you there. I move that we close the public hearings on -- hearings AZ 05-055, PP 05-057. Zaremba: Second. Rohm: We have a motion and a second to close public hearings on AZ 05-055 and PP 05-057. All those in favor say aye. All those opposed same sign? Motion carries. Good. MOTION CARRIED: ALL AYES. Mae: Mr. Chairman? Rohm: Commissioner Moe. Moe: I move to recommend approval to City Council of file numbers AZ 05-055 and PP 05-057 as presented in the staff report for the hearing date January 5th, 2005. End of motion. Borup: Second. Rohm: We have a motion and a second to move onto City Council recommending approval of AZ 05-055 and PP 05-057. All those in favor I say. All those opposed same sign? Motion carries. Thanks, Kevin. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: RZ 05~020 Request for a Rezone of .17 acres from R-4 to O-T zone for operation of a barber shop for Fred's "Reel" Barber Shop by Fred Pratt -1127 North Meridian Road: Rohm: Okay. At this time I would like to open the Public Hearing on RZ 05-020 for Fred's Reel Barbershop. Start with the staff report. Wilson: Thank you, Mr. Chairman, Members of the Commission. Sorry, you caught me off guard a little bit there. This application is for rezone of .17 acres from what is currently R-4, which is medium density residential, to Old Town, for the operation of a barbershop by the applicant Fred Pratt. This is located on the west side of Meridian Road and on the southwest corner of Meridian Road and Washington. There is currently an existing -- what was an existing house there that has been converted to the barbershop and the applicant has submitted a site plan on how he intends to develop the property as the barbershop. The staff is aware that the barbershop is in operatîon. The applicant did start it up and put up a sign and, then, realize that there was some process to go through here. So, he is before you tonight for a rezone. As staff we are