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HomeMy WebLinkAboutJanuary 5, 2006 P&Z Minutes 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: 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 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. Meridian Planning & Zoning Commission January 5, 2005 Page 9 of 93 Wilson: Thank you, Mr. Chairman, Members of the Commission. Windham Place was originally on the December 1 st, 2005, agenda. The applicant did fail to post, so it was moved to tonight's agenda, and it was not heard on the 1 st of December. The applicant is proposing to construct 23 build-able lots. The application material states 24. It looks like we got 24 on the site, but there is, actually, 23 build-able lots and three common lots on 5.87 acres, located west -- or, I'm sorry, east of Meridian Road and South of Ustick on a parcel that is immediately north that was recently approved, Brian Holt Subdivision, that you saw, I believe, in October or September. The proposed subdivision is marked in purple on the screen. It's bounded by an existing subdivision on the east that is Fothergill Point Subdivision that's zoned R-8 to the north. There is also an existing subdivision bounded by the same applicant a couple years ago, Highgate Subdivision, also zoned R-8. The Brian Holt that was recently approved is also zoned R-8. And, then, to the west across Meridian Road there is the Clearbrook Estates, which is R-4, as you can see on the map there some slightly larger lots. This property is unique in that it has a very small amount of frontage on Meridian Road and other than that is really not visible from anywhere else. It's, actually, a hard property to get a look at. There is the narrow leg there that connects to Meridian Road with an existing residence and there is some out buildings. And, then, the vacant land located in the rear of the property and against the existing subdivision to the east there. The applicant has proposed, like I said, 23 build-able lots. Those consist of 22 attached structures -- and I'm going to ask the applicant to verify this when they do get up. From a phone conversation with her she did indicate that there will be 22 attached properties and one detached property. The detached property being on the corner lot there right where the marker is there. The rest of them are paired in groups of two as attached properties. They will be connecting to an existing street in the Fothergill Point Subdivision. I believe that is Hawk Street. And, then, they will also be -- Brian Holt, when they came through, it's a -- as you can see it's a very narrow piece of property. At this east end of Brian Holt they did bring Ridgemont Avenue through and that will be connecting to this subdivision as well and that's also where this subdivision will be, I believe, hooking into their sewer and water once it's brought through Brian Holt. There are several issues that are highlighted in the staff report. The configuration shown on the screen is -- does differ from what staff recommends that the ultimate configuration be. The original proposal was to -- was to keep Lot 1, Block 1 -- and let me see if I have a plat here. This shows it fairly well. It does at least have the lot and block numbers on it. Lot 1, Block 1, was originally intended to encompass land both on the north side and the south side of the drain that crosses the property here. It's, actually, the North Slough is what that is. It does cross Meridian Road at this location, kind of follows the property line between Brian Holt and this property and, then, it does angle up through and, then, go along the north boundary of this property. What staff had recommended is that the property line for that Lot 1, Block 1, be redrawn to include only lands north of the North Slough and that this open space lot, I believe it's Lot 2, be expanded to encompass those lands south of the North Slough. It's a little bit difficult to describe in words in the staff report, so, hopefully, I can accomplish that to make some sense, but that is what we do propose is that the property line for Lot 1 does follow the North Slough and keep Lot 1, Block 1, north of that North Slough and, then, that south center portion being taken into Lot 2 there as an open space lot for the subdivision. Another Rohm: Thank you, Josh. Commissioners, any questions of staff? Meridian Planning & Zoning Commission January 5, 2005 Page 10 of 93 item to discuss is the multi-use path. Brian Holt Subdivision -- the North Slough takes a pretty interesting course through here. Once it almost reaches Meridian Road out here it does take a sharp turn to the south before it crosses Meridian Road. Brian Holt Subdivision was required to install a ten foot multi-use pathway on the portion of that that is on their subdivision. We would ask that this application continue the ten foot multi-use pathway through their property to the extent shown on this plan where the roadway curves to the east and becomes Hawk Street there is likely not any opportunity that that pathway will be extended to the north, so we did not feel it was necessary to take that pathway to the northernmost point of the subdivision. There still is opportunity -- if somehow that pathway was taken north from that point, there is still opportunity to connect it. But at this point we did just ask that it be connected to the roadway there to provide the residents access to it and seemed to be the most logical configuration. Also, the applicant is required to have a 25-foot landscape buffer along Meridian Road and be placed in a common lot for the homeowners association. The Lot 1, Block 1, on Meridian Road is unique in many ways. As I have already discussed, it's a unique configuration and it's narrow as well. Another way it's unique is that it will retain access to Meridian Road. It will not take access internally from the subdivision, which is different from what you usually see on existing homes along arterials. There just really isn't any other way to make this one work. That was approved by ACHD and staff does support that. But there still is the requirement for that 25-foot landscape buffer along Meridian Road. Some other conditions of approval in the staff report relate to the fencing along the common open spaces. Meridian City Code does restrict the height of fencing adjacent to open spaces. It can be a four foot closed vision or a six foot open vision fence on all property boundaries adjacent to the common open space and that does apply to Lots 4, 9, 10 and 12 of Block 1 that do front on that open space. Another item also related to that open space lot -- we do ask that the applicant connect that open space lot to the terminus of the cul-de-sac. Indian Rocks Court is the name of the cul-de-sac street here. We have asked that they connect -- reconfigure that open space property so that it does -- it does encompass the end of that cul-de-sac and, then, provide a pathway connection to the ten foot multi-use pathway for access to that. I think that's the -- most of the highlights I did want to hit on this. And I think at this point I will take any questions from the Commission. Moe: Yes, sir. Rohm: Commissioner Mae. Mae: Josh, I just want to make sure I understand in regards to the -- to the pathways -- Wilson: Okay. Moe: -- on the southwest as far as Block 1, Lot 1. Wilson: Okay. Moe: You said that the Brian Holt Subdivision has a pathway at that point? Meridian Planning & Zoning Commission January 5, 2005 Page 11 of 93 Wilson: Correct. Moe: Are we not going to make a connection there into the -- Wilson: Yeah. That is, actually, a condition in the staff report that they do need to revise that to connect to that pathway. Yeah. Moe: Would that be anticipated to be on the south side? Wilson: It would be on the south side. Mae: Okay. Thank you. Rohm: Any other questions of staff? Okay. No further questions, at this time I'd like to have the applicant come forward, please. Harris: Good evening, Members -- or Mr. Chairman and Members of the Commission. My name is Peter Harris. I'm at 6951 Duncan Lane in Boise. And I guess I just wanted to say we agree with most of the things that staff has recommended for this project. We certainly don't have any problem with the pathway and we have been working hard with the landowner that owns Lot 1, Block 1, to try and work out to keep him in his spot there and he is in kind of a unique situation because of the slough, because the slough is -- there is no way to cross the slough, so that's why he's retaining access to the -- from Meridian Road. So, we fully intend to connect the path and bring it down and tie it into the Brian Holt path there and, then, continue the landscaping as it's shown in that triangular area that's south of the center line of the slough. As the staff mentioned, this is kind of a unique parcel and it's kind of nice to finish a piece of the puzzle here, so to speak, in this little piece. I guess I don't have much else to say. The only question I'd have of staff and -- is that is the 25-foot buffer that is requested on Meridian Road. There is existing planting and mature planting on that road at this time that is somewhere in the 12 to 15 foot range and is that not adequate to meet what staff is looking for? Wilson: That would be adequate. What we do like to see is that that be in a lot that is owned by the homeowners association and, therefore, that insures the maintenance of that lot. And, yeah, if there is mature landscaping existing on the revised landscape that makes these changes that we have asked for, make sure and denote that and, then, we can take a look at that. But, yes, that would certainly suffice. Harris: Great. Well, we have no problem, then, complying with all the conditions of staff and, you know, we look forward to moving forward with this. Any questions, anybody? Rohm: Any questions of the applicant? Harris: Uh-huh. Meridian Planning & Zoning Commission January 5, 2005 Page 12 of 93 Zaremba: Mr. Chairman. Mr. Harris? Zaremba: Just one thing that was mentioned in the staff report and although you have said you have agreed with everything, I just want to make sure that we saw the same thing. On that lot that is still going to have access to Meridian -- Harris: Yes. Zaremba: -- the condition was that there be some kind of turnaround provided, so nobody would be backing out onto Meridian and you're aware of that? Harris: Yes. I'm aware of that and more than willing to comply with that. Zaremba: Great. Thank you. Harris: Uh-huh. Rohm: Okay. Any other questions of the Commission? Thank you. Harris: Thank you. Rohm: At this time I'd like to hear from the public and we have one person signed up and would Peter Harris like to come forward, please? Borup: That's who just was here. Rohm: Oh. Oh. You are -- excuse me. I apologize. Would anybody else like to testify on this application? Okay. No public testimony. At this point in time I'd like to request any discussion of the Commission before we close the Public Hearing. Anybody have any comments that they'd like to make on this? Moe: Mr. Chairman. Josh, in regards to the point of the 25-foot landscape buffer, that can all be worked out, we don't need to make any modifications to the report? Wilson: No. That can be worked out, I think, at the next -- what I would like, though, is for the applicant to just quickly address if my interpretation of what is attached and detached product on the property is is correct, that they are all attached houses, other than that one corner lot there. Rohm: Please come forward. Harris: Mr. Chairman, Members of the Commission, I missed that in my notes. I tried to look for it and didn't catch that. But, yes, we have no problem with that. Everything will Rohm: Okay. Any other comments? Meridian Planning & Zoning Commission January 5, 2005 Page 13 of 93 be attached, other than the one corner lot, which you can see is a little bit larger than the rest of them, so we don't have any problem with that. Rohm: Okay. Thank you. Okay. Moe: I have no other comment. Zaremba: Mr. Chairman? Rohm: Yes. Zaremba: I move we close the Public Hearing AZ 05-053 and PP 05-055. Borup: Second. Rohm: It's been moved and seconded that we close the public hearings AZ 05-053 and PP 05-055. All those in favor say aye. Opposed same sign? MOTION CARRIED: ALL AYES. Rohm: Thank you. At this time is there any discussion amongst the Commission on this project before we make a recommendation to the city? Zaremba: My comment would be I agree with the applicant and the staff that fills in a spot that is kind of a keyhole to a couple of developments around it. It seems pretty straight forward to me and if they have agreed to comply with all the requests of the staff, I'm in favor of it. Moe: I agree. Borup: No. When they agree with all the staff comments, it does make it easier. Rohm: Yeah. Absolutely. At this time I'd like to -- Zaremba: Mr. Chairman, I move we recommend to City Council approval of AZ 05-053 and PP 05-55, related to Windham Place Subdivision and including all staff comments of the memo for the hearing date of 12/1/2005, received by the City Clerk November 21 st, 2005, with no other changes. End of motion. Moe: Do we want to reference the Nampa-Meridian Irrigation District comment that came into the office on the 2nd of December? This was beyond the first comment of December 1 st. Continued Public Hearing from December 1, 2005: AZ 05-056 Request for Annexation and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from RUT to C-C zone for Harks Canyon Creek Subdivision by JBS Enterprises, LLC - 1845 West Franklin Road: Meridian Planning & Zoning Commission January 5, 2005 Page 14 of 93 Zaremba: I agree. It would be wise to include this. This is a Nampa-Meridian Irrigation District letter of 17 November 2005, received by the City Clerk December 2, 2005, is included in my motion. Moe: I will second it. Rohm: It has been moved and seconded that we forward onto City Council recommending approval of AZ 05-053 and PP 05-055. All those in favor say aye. Opposed same sign? Motion carries. MOTION CARRIED: ALL AYES. Item 9: Item 10: Item 11: Continued Public Hearing from December 1, 2005: PP 05~058 Request for Preliminary Plat approval of 29 residential lots, 7 commercial lots and 7 common lots on 10.15 acres in proposed TN-R and C-C zones for Harks Canyon Creek Subdivision JBS Enterprises, LLC - 1845 West Franklin Road: Continued Public Hearing from December 1, 2005: CUP 05~051 Request for a Conditional Use Permit for a mixed-use development within 300' of a residence for Harks Canyon Creek Subdivision JBS Enterprises, LLC - 1845 West Franklin Road: Rohm: Thank you. Okay. At this time I'd like to open the public hearings on AZ 05- 056, PP 05-058, CUP 05-051, and start with the staff report. Guenther: Thank you, Mr. Chairman, Members of the Commission. Harks Canyon Creek Subdivision is a mixed use development approximately near the existing Harks Corner, which has the sports bar, gas station, Arctic Circle -- it's all in there. This is also immediately north of the Ten Mile Creek and also just north of Whitestone Estates. There is several issues that come up with this site. This is saying that this is a six acre site. It's, actually, a ten acre site -- well, there it is. Is says it's 4.07 for the TNR. With that, there is an existing water feature for irrigation and fire protection on site that is a portion of the amenity for the sports bar that is in the Harks Corner Subdivision, I believe, is what it's name was under. With this, the applicant is proposing seven commercial lots, four of them fronting on Franklin Road, as well as two in the corner over here, which would be attached by a commercial cross-access into the Harks Corner Subdivision. And also use the water feature as an amenity. With that, there will be 29 residential lots, which are incorporated as townhouse developments in the central portion. The northern portion and kind of at an angle here is what the commercial C-N district will come through as. The neighborhood commercial district -- or community