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HomeMy WebLinkAboutFebruary 16, 2006 P&Z Minutes Meridian Planning & Zoning Commission Meeting February 16,2006 Page 85 of 95 Zaremba: After considering all staff, applicant, and public testimony, I move to approve file number CUP 05-059 as presented in the staff report for the hearing date of February 16th, 2006, and the site plan labeled CU-1 dated October 26, 2005. I further move to direct staff to prepare an appropriate findings document to be considered the next Planning and Zoning Commission hearing. End of motion. Moe: Second. Rohm: It's been moved and seconded that we approve CUP 05-059. All those in favor say aye. Opposed same sign? Motion carries. Thank you. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: AZ 06-001 Request for Annexation and Zoning of 4.99 acres from R2 to a R-4 zone for Buckeye Place Subdivision by John Fackelman - east of Black Cat Road and south of Cherry Lane: Item 19: Public Hearing: PP 06-001 Request for Preliminary Plat approval of 16 building lots and 2 common lots on 4.99 acres in a proposed R-4 zone for Buckeye Place Subdivision by John Fackelman - east of Black Cat Road and south of Cherry Lane: Rohm: At this time I'd like to open the Public Hearing on AZ 06-001 and PP 06-001, both items related to Buckeye Place Subdivision and begin with the staff report. Wilson: Thank you, Mr. Chairman, Members of the Commission. Buckeye Place Subdivision is located south of Cherry Lane and east of Black Cat It's currently zoned R-2 Ada County. It is surrounded by previously approved and developed subdivisions, Castlebrook to the southwest, Rod's Parkside Creek to the east, Pintail Pointe to the north, and to the south there is a -- we have Ten Mile Creek, Fuller Park, which is owned by the Ada County Recreation District, not the City of Meridian, and, then, some other existing subdivisions. As you can see, it is one of the last parcels in the area to develop. It does have a stub road to the north property line that is proposed to be continued into the project That did require a cul-de-sac variance for the length of the cul-de-sac. Staff does support that There really is no other option. Ten Mile Creek is on the south and west and there are developed subdivisions on the north and east So, this is their only roadway connection, their only access to the site, and staff is supportive of that variance. A couple things to mention. There is a pathway connection from the southern terminus of the cul-de-sac connecting to Fuller Park. There is a City of Meridian multi-use pathway that moves through Fuller Park along the Ten Mile Creek. The applicant is proposing to do some off-site improvements to connect to that pathway and also bring that pathway through their storm water drainage lot Staff is supportive of that design. You won't be able to see it probably on this plan, but in the southwest corner there is a 225 square foot lot, Lot 9, Block 1, that will be donated to the City of Meridian to be included with that pathway. What that does is gives the pathway a little Meridian Planning & Zoning Commission Meeting February 16,2006 Page 86 of 95 more breathing room as it rounds that corner. It's extremely tight We felt like that the safest and most efficient routing of that pathway would be accomplished by kind of clipping the corner there. The applicant agreed to that So, that is their proposal. The fire department did restrict on-street parking on Lot 20 and Lot 18 at the north edge of the property, due to the landscape island that restricts fire access through there. So, I have added a condition that there is no on-street parking on those two lots. I did speak with some gentlemen in the audience that did have to leave, had some concerns about traffic, so I will -- I will voice those to the Commission for them. They were the homeowners association presidents of the surrounding neighborhood. I believe they said to the north and to the west They were concerned about traffic at this location here. And, I apologize, I can't read that street name. Golf View. They were concerned about the additional traffic and construction traffic that this subdivision would add through that intersection where they represented there has been many close call accidents. So, I did tell them I would present their concerns. They are going to submit their concerns in writing for the City Council hearing. I guess on that note I would just add that when ACHD or the city or both required that this property be stubbed to, it was anticipated that any development on this property would connect to that stub and route through that subdivision. They did ask we consider some off-site improvements. It's kind of outside the scope of this subdivision. They want some speed bumps and stop signs elsewhere in this neighborhood. That would be outside the scope of what's before you tonight And, once again, this traffic was anticipated by ACHD when they required that stub street So, I think with that I will end staff's comments and stand for any questions. Rohm: Thank you. Questions of staff? Zaremba: Mr. Chairman, just a comment on the portion that's going to be deeded to Meridian, probably the parks department I noticed that in the staff report as I was reading through it, but I didn't question it until you reminded me that the rest of Fuller Park doesn't belong to the City of Meridian, it's Ada County Recreation or something like that Would it make more sense to deed this portion to them and let them maintain the whole thing or does the City of Meridian want that? Wilson: The pathway is ours. I think -- and I could be wrong, maybe I'll let the applicant help me out here. I think Ada County Recreation District's ownership is clipped at that corner. I do not believe it continues around the corner. And so the pathway is the City of Meridian's, so that's where that came from. Zaremba: Okay. Thank you. The second question, actually, would be for Mr. Cole. We have a letter from Mr. Mark Goins, I believe his name is, and on the first page of the letter, line 20, he says: I am also concerned that if the catch basin is allowed to be this small, runoff will regularly overflow into Ten Mile Creek and, then, he goes on to describe how that happens and where it happens other places. Have you had a chance to review whether or not you feel that catch basin is adequate? Meridian Planning & Zoning Commission Meeting February 16, 2006 Page 87 of95 Cole: Mr. Chairman, Members of the Commission, Chairman Zaremba, the catch basin I assume he is talking to the retention pond. Catch basin is, generally, a term used in a street that catches the water and, then, runs it through a pipe facility to a underground subsurface facility or a pond of this nature. ACHD is actually the governing entity of the stormwater runoff. However, they do require that it's designed to take a hundred year storm event So, this -- he calls it a catch basin, this drainage pond would have to be designed to maintain a hundred year storm event In addition to that, if they did have an overflow facility to go to the Ten Mile Creek, which is a standard procedure when there is a receiving body of water that they enter into a license agreement with the receiving body, they can't discharge pre-development flows to that They would have to enter into a license agreement with that receiving body, at which point they would have to prove that it was treated out to meet any EPA Clean Water Act regulations for the clean water. I don't know if you wanted -- there is some other questions. I read Mr. Goins' letter about wetlands and some groundwater issues. There was a geologist report from a professional engineer that we reviewed prior to -- during the submittal of this that had the water at over five and a half foot deep for the seasonal high is what his professional recommendation was. He noted no wetlands on the site. It's possible that the water that Mr. Goins was looking at was due to flood irrigation or just standing water of some nature. I think that was everything in his letter that I saw that I could answer to and I would stand for any questions. Zaremba: Thank you. You answered mine. Rohm: Would the applicant like to come forward, please? Harris: First I'll say good morning. I'm Kevin Harris. Business address 1800 West Overland Road in Boise, representing the owner John Fackelman. This is a great in-fill project, you know, nice size lots for an in-fill and, you know, a pathway system connecting up to Fuller Park and we agreed with all the conditions your staff has and I would stand for any questions. Rohm: Great presentation. Thank you. Any questions of the applicant? It doesn't appear as we have any. Okay. But we do have quite a list here. Felix Dias. Jim Beam? Maybe that's better. Is there anybody else that would like to testify on this application? Please come forward, sir. Goins: Mr. Chair, Commissioners, I'm Mark Goins, the writer of the letter. I live at 1267 Sour Creek. And my primary concern here is -- you know, I agree that Mr. Fackelman has his property and has a right to develop it in a responsible way. My concern is as somebody who's lived -- and I live a few feet -- Rohm: There should be a -- Goins: Oh, that's right. That's right. I live right here. Okay. And this cul-de-sac here drains to the drainage pond here and it routinely will flood all the way from the cul-de- sac more than the drainage pond can handle and, then, it has to flow out to the Ten Mile Meridian Planning & Zoning Commission Meeting February 16, 2006 Page 88 of95 Creek. I have talked with ACHD about this. I have talked with them many years ago about stormwater issues, and even before we were either phase one or phase two, you know, Boise is phase one, we are coming up on phase two permitting this summer and they didn't seem to have a clear understanding of how to -- what to do to keep that water from overflowing, because they didn't seem to want to regulate that and my concern, based upon the history of what's happening over here is that what we have here is not going to be adequate and as somebody who came from an area where water quality became a major issue, the issue that happened that -- what happened with that is once we had a few contamination situations into like Ten Mile Creek and such, we had people coming into the affairs that we really didn't want showing up. Sierra Club and all these other organizations. And so my point is that we take a proactive position in being conservative about these kinds of issues, rather than with all the development that's going in Meridian and that five years from now people from outside the area come in and tell us how to run our business, because we were a little bit lax in running our business today. And so I'm asking that this study be seriously considered as to whether it's adequate. As they said, the water level is five years -- I mean the water level in the height zone is only five feet down. Well, we have floods up here every -- every strong rain we have we will have a flood there. In fact, we have had neighbors drain pools and flood that, so -- in fact, the City of Meridian hasn't had the wherewithal to be able to do anything about that, so that's why I bring this up over here. If we can't even control what's already there -- and this is a very large drainage basin, it's what appears to be the dry retention type, but it does have wetland vegetation growing in it, as I stated in my letter. So, that's my major concern is that we need to be good stewards of the water that we discharge at Ten Mile Creek, we discharge at the Boise River, and so I just want to make sure that's well designed. Thank you. Rohm: Thank you, sir. Mike, would you care to comment? Cole: Mr. Chair, I couldn't really speak to the storm system that was installed with the Rod's Parkside Creek development. I think that's the subdivision. I don't know why that's flooding. I know that today that you take the square footage of the asphalt that's being proposed in this subdivision and half of the grass for the lots, take a one inch acre over that whole site and a hundred year storm event and that pond that -- their retention pond that they are proposing has to maintain that entire event, plus they will have some sort of seepage bed facility in the bottom of that to -- that takes the water in as it's coming in, but it will be designed to hold the entire one hundred year storm event. So, I don't -- I don't see any possibilities of the overflow to the Ten Mile Creek. Rohm: I think it's suffice to say that the design of this retainage pond is not necessarily going to match that of the one that was brought up by public testimony. Goins: That's correct. Rohm: Thank you, sir. Okay. Is there anybody else that would like to testify for this application? Okay. That being said, I'd entertain a motion to close the Public Hearing. t" Meridian Planning & Zoning Commission Meeting February 16,2006 Page 89 of95 Zaremba: Would the applicant care to respond to anything that's been said or -- Rohm: Okay. Any comments from -- Borup: I move we close the Public Hearing. Rohm: Thank you. Borup: If someone wants to second it. Newton-Huckabay: Oh. Second. Rohm: It's been moved and seconded that we close the Public Hearing on AZ 06-001 and PP 06-001. All those in favor say aye. All those opposed same sign? Motion carries. MOTION CARRIED: ALL AYES. Borup: Mr. Chairman? Rohm: Commissioner. Borup: I move to recommend approval to City Council of file numbers AZ 06-001 and PP 06-001 as presented in the staff report for the hearing date of February 16th, 2006, with the preliminary plat dated November 30th, 2005. End of motion. Moe: Second. Rohm: It's been moved and seconded that we forward onto City Council recommending approval of AZ 06-001 and PP 06-001. All those in favor say aye. Opposed same sign? Motion carries. MOTION CARRIED: ALL AYES. Item 20: Public Hearing: CUP 05-061 Request for Conditional Use Permit for a 12,680 square foot commercial building housing a Denny's Restaurant and retail uses on 1.7 acres in the I-L zone by Mark Chang - 3155 East Fairview Ave: Rohm: You know what, we are going to do it. Mr. Strite has been very patiently waiting for this last one, so at this point in time I'd like to open the Public Hearing on CUP 05- 061 and start with the staff report. Thank you folks for coming in. Hood: Thank you, Mr. Chair, Members of the Commission. Hopefully, you remember, just a little while ago, there was an application for a coffee shop with a drive-thru. This site is directly to the east of that site and it is for a Denny's restaurant and future retail