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HomeMy WebLinkAboutJanuary 5, 2006 P&Z Minutes Meridian Planning & Zoning Commission January 5, 2005 Page 3 of 93 Rohm: Okay. Good. Thank you. Zaremba: For the record, I would note that Commissioner Borup has joined us. Rohm: Oh. Yes. Thank you. Welcome, Commissioner Borup. Okay. All right. At this time I'd like to speak to the methods that we proceed on these public hearings and as you can see we have got quite a full agenda tonight and a number of projects to be heard and it is our intent to hear as many, if not all, that are on the agenda. The one caveat to that is we will not be opening any public hearings after 11 :00 o'clock. So, if, in fact, we were -- get halfway through and we have passed that 11 :00 o'clock hour, any project that has not been opened at that point in time will be postponed to the next regularly scheduled meeting of the Planning and Zoning Commission. That being said, the procedure for these public hearings is the first thing we do is we ask our staff to give the specifics of a particular project and that's as it pertains to the Comprehensive Plan and ordinance and so that the staff tries to present to us in those lights -- in that light. Once the staff has completed their presentation, we will ask the applicant, then, to give their flavor to the project and that's their opportunity to sell the project to us, the Commission. Once those two presentations have been completed, it is, then, opened up to the public and each public member is given three minutes to give their opinions or comments about the given project and there is one exception that we make to that, is if, in fact, an individual is speaking for a larger group, say the president of a homeowners association, where he's got -- he is speaking specifically for a group of people, then, we will give that person up to ten minutes to speak as well. Tonight, because of the number of projects that we have to hear and the potential for significant testimony, what I'm going to do is ask for a show of hands and take down those names associated that are relinquishing their time to a spokesman, if, in fact, that occurs. So, what we are trying to do is we want everybody to have an opportunity to speak their mind, but we also are in an effort here to keep the process moving. Item 4: Item 5: Item 6: Continued Public Hearing from November 17, 2005: AZ 05.045 Request for Annexation and Zoning of 91.085 acres from RUT to R-4 zone for Reflection Ridge Subdivision by M & H Development, LLC - 4275 South Locust Grove Road: Continued Public Hearing from November 17, 2005: PP 05.048 Request for Preliminary Plat approval of 255 building lots and 26 other lots on 91.085 acres in a proposed R-4 zone for Reflection Ridge Subdivision by M & H Development, LLC - 4275 South Locust Grove Road: Continued Public Hearing from November 17, 2005: CUP 05.046 Request for a Conditional Use Permit for a Planned Development for 255 single-family residential dwelling units with reductions to minimum lot sizes, frontage and setbacks. Also, the applicant is requesting a waiver of the standard block length in a proposed R-4 zone for Reflection Ridge Meridian Planning & Zoning Commission January 5, 2005 Page 4 of 93 Subdivision by M & H Development, LLC - 4275 South Locust Grove Road: Rohm: So, with that being said, I'd like to open the first Public Hearing and at this time I'd like to open Public Hearing AZ 05-045, PP 05-048, and CUP 05-046, all referring to Reflection Ridge Subdivision and at this time I'd like to hear the staff report. Hood: Thank you, Mr. Chairman, Members of the Commission. As you may recall, this is the second or third agenda that this application has been on. They have been waiting for ACHD's comments on the application. We did receive those. They have been incorporated into the revised staff report. I do want to apologize for the staff report. It shows some edits and makes the fonts smaller by not cleaning up some of those others in the margins there, so I apologize if you had to bust out the microscope there to see the print. But that being said, I will just touch on a couple of the highlights from the last time. This is a revised preliminary plat. Some of the changes that the applicant has made, again, on Locust Grove Road, we are about a half mile east of Meridian Road, south of Victory, primarily what's changed is -- and I apologize, again, for the scale of this as well -- some roundabouts have been added to the plan, as well as some chokers at some of these intersections internally. This street here used to connect in to this and it kind of made it a long street with a long block. The applicant's have cul-de-sac'd that now. There is a micro-path that leads from the cul-de-sac through open spacing throughout the development. I think I have a landscape plan that may show that a little bit better. These are cul-de-sacs that will tie into the sidewalks and kind of create walk- able areas with the sidewalks to the park areas to have tot lots and there is a half basketball court along Locust Grove Road over there. Those are pretty much -- the only changes were pretty much street related. Again, they were just waiting on ACHD. They still have 250 lots build-able, single family lots. There are a couple of alley-loaded blocks over here, again, on the Locust Grove portion of the site. The only other thing in the staff report, I guess, that I would want to highlight is that I did ask the applicant to clarify the status of the negotiations or aware of where that is with the Ridenbaugh Canal multi-use pathway that's shown on the Comprehensive Plan. A portion of that was shown off site and so I'd just ask the applicant to give a status report on where that is, I guess, in the process with an MID. I know that was brief. We have a lot of things on the agenda tonight and to get to those items before 11 :00 p.m. I think I will end my comments there. If you want me to go into anymore detail, but I think we have been over this before, so I will stand for any questions you may have. Rohm: Do we have questions of staff? Zaremba: Mr. Chairman? Rohm: Yes. Zaremba: I do have, actually, one comment and one question. As the staff reports evolve in the new format, we find things better and better and my comment is on page three of the staff report, Section G, description of applicant's request, this is the first time Meridian Planning & Zoning Commission January 5, 2005 Page 5 of 93 I have noticed that you have supplied the information in the two sentences right in the middle of this, 152 of the lots are 8,000 square feet or greater, which is the R-4 minimum, and 103 of the lots are below 8,000 square feet. That's -- having the count of how many are above and how many are below is very helpful and I appreciate the addition of that information. The same subject on page 13, under the number three, the CUP application, the second paragraph that also gives similar detail and greater information and it's very helpful to me and I believe the others to have the actual count, rather than a statement that says they have asked for some reduced properties and I like having that count. So, good work and thank you. Hood: So noted. Thank you. Zaremba: The only other comment is a question, actually. In Exhibit B, page one, paragraph 1.1.1, near the top, it talks about the preliminary plat dated September 12, 2005. I appear to have not only the current one, which is dated September 12, 2005, but an older one with that same date and I would ask that we add to that statement the clerk's received stamp, which on mine is not readable, but it's December something, 2005. Is it the 16th? December 16th, 2005. When we are referencing that comment, I would add the clerk's date stamp. So, that's it, sir. Rohm: Thank you. Any other questions of staff? Okay. Would the application like to come forward, please? Koga: My name is David Koga with the Land Group at 462 East Shore Drive, Eagle, Idaho. I think Craig hit the highlights of the reason why we are here. Remember previously when we went through all this project, except for comments from ACHD. As Craig mentioned, after we finally received ACHD's report, we were able to meet with them and made all the changes required for -- regard to traffic calming affects on this project. Craig also asked in regard to explanation of the Ridenbaugh Canal. Halfway along the Ridenbaugh Canal, from the northern section of the Ridenbaugh -- Rohm: Dave? Koga: Thank you, sir. From the Ridenbaugh Canal it -- the owners from right about here on the Ridenbaugh Canal, they own halfway into the Ridenbaugh Canal, but on the southern portion from right here down to there, the ownership goes on the southern portion of the Ridenbaugh Canal and, as a matter of fact, the information on that was kind of vague, so we went through the process in there with Nampa-Meridian Irrigation and our surveyors and we are going through the process right now to go through a quiet title process through that -- after we go through that process that the owners will own to the center of the Ridenbaugh Canal, which is important, because we are also showing the ten foot wide regional pathway system along that Ridenbaugh Canal there. So, we are -- like I said, we are going through this process, we should know that within -- probably within a month when that is completed, going through that process there. I know that's a real small item here. We compiled all the site specifics on the preliminary plat. On the Conditional Use Permit was an item 4.1 of the site specifics of the Meridian Planning & Zoning Commission January 5, 2005 Page 6 of 93 conditional use. During the -- one of the comments is right here on the corner. We used to have this open space that would continue clear up to the northern point and it made it difficult for a policeman to have surveillance for the open space, so we did -- we have already made -- another portion of the changes we did is we changed this open space, so it's easier for a police officer to survey -- have surveillance of this open space and we opened up this build-able lot up to the northern area, so it works a lot better there. Other than that, we have, basically, made all the changes that were requested and met with your staff and I think we put together a pretty good subdivision. Any questions? Rohm: I don't have a question of you just yet, Dave, but let me ask staff first. Dave's explanation to the Ridenbaugh Canal pathway, if, in fact, they are moving through the process of obtaining the quitclaim or transfer of ownership of that property, is that acceptable to staff or do we need to have that so designated on final plat or what would you like to see? Hood: Mr. Chairman, Members of the Commission, I think the condition right now requires that they construct a multi-use pathway with the final plat. We will require that they, in fact, do construct it, so if they run into a road block and they haven't acquired that property or come to some agreement, they will need to probably come back to this body and get their preliminary plat revised, but there is a condition now, so I don't think we need anything or to modify anything in here right now. The condition stands and if they run into problems down the road complying with that, we will have to deal with it at that time, so -- Koga: Yeah. The condition does state that if we don't bring that pathway in there, we have to bring it in a different route and redesign that. Rohm: That works for me. Any other questions from other Commissioners? Moe: Mr. Chairman? Rohm: Yes. Moe: Mr. Koga, as far as the developmental agreement, you're not in any -- have any problems with that agreement? Koga: No. They have started that process, so -- Rohm: Any other comment? Zaremba: Mr. Chairman? Rohm: Yes. Meridian Planning & Zoning Commission January 5, 2005 Page 7 of 93 Zaremba: Just to refresh my memory, that part of the issue on the Ridenbaugh Canal and which side the path was going to be on, had something to do with a bridge, I thought. Is there going to be a bridge across this? Koga: No. That was separate. There will be in the future. I got this to work now. Right there. There will be a bridge and we are required to pay for half for that bridge. So, that was not the issue. The issue was on the legal description -- Zaremba: Yeah. Koga: -- it was very vague on that legal description to say exactly where the ownership -- it just says that the ownership is south of the Ridenbaugh Canal. Well, does that mean it's south of the edge or south of the ridge, south of their easement? It just doesn't state that. So, after going through the process and doing all the search with Nampa-Meridian and past records in there, we found out that, once again, it's not clear and that's why we are going through this process and going through a quiet title process in there, that makes it clear that the owners do own to the center of the Ridenbaugh Canal. And we had also asked Nampa-Meridian Irrigation and they don't care. As a matter of fact, they prefer that. They still want their easement for sure -- Zaremba: Of course. Koga: -- but they don't care for and really don't like to have -- don't want the ownership also. Zaremba: Okay. But the area that is in question that you're resolving has nothing to do with a bridge? Koga: No, not at all. Zaremba: Okay. Thank you. Koga: Not at all. Rohm: Okay. Any other questions of the Commission? Thank you. At this time we will open it up to public testimony and at this time we do not have anybody signed up, but this is your opportunity to speak. So, anybody that would like to speak to this project, please, come forward and state your name. Having not anyone coming forward, I think we will -- does anyone from the Commission have any further questions of staff? Not having any, would somebody like to move to close or -- Zaremba: Mr. Chairman? Rohm: Yes. Meridian Planning & Zoning Commission January 5, 2005 Page 8 of 93 Zaremba: I move we close the public hearings on AZ 05-045, PP 05-048, and CUP 05- 046. Moe: Second. Rohm: We have a motion to close all three of these public hearings. All those in favor say aye. All opposed? MOTION CARRIED: ALL AYES. Rohm: Okay. Cool. All right. Would someone like to make a motion to -- Zaremba: I don't know if we need any discussion. I think we have had kind of a consensus the last time and we are only waiting for a couple of issues to be resolved. I would make the motion if we are ready. Okay. Mr. Chairman, I move that we forward to City Council recommending approval of AZ 05-045, PP 05-048, and CUP 05-046, relating to Reflection Ridge Subdivision, to include all staff comments of their memo of -- for the hearing date of 1/5/2006, received by the city clerk December 29, 2005, with one minor modification and that is Exhibit B, page one, paragraph 1.1.1, where it says preliminary plat dated September 12, 2005, I would add to that also clerk date stamped December 16th, 2005. End of motion. Moe: Second. Rohm: We have a motion to forward onto City Council recommending approval of AZ 05-045, PP 05-048, and CUP 05-046. All those in favor say aye. All opposed the same sign? MOTION CARRIED: ALL AYES. Item 7: Continued Public Hearing from December 1, 2005: AZ 05-053 Request for Annexation and Zoning of 5.87 acres from RUT to R-8 zone for Windham Place Subdivision by Eagle Springs Investments, LLC - 2640 North Meridian Road: Item 8: Continued Public Hearing from December 1, 2005: PP 05-055 Request for Preliminary Plat approval of 24 building lots and 3 common lots on 5.87 acres in a proposed R-8 zone for Windham Place Subdivision by Eagle Springs Investments, LLC - 2640 North Meridian Road: Rohm: Thank you very much. If the rest of this evening goes like this first one, we might make it through the agenda. Thanks, Dave. Okay. At this time I'd like to open the public hearings AZ 05-053, PP 05-055, and these are both related to the Windham Place Subdivision and I'd like to start with the staff report.