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HomeMy WebLinkAboutSept 19, 2002 Meridian Planning & Zoning September 19, 2002 Page 3 of 96 Borup: Commissioner Zaremba. Zaremba: Just in case it's appropriate, I move that the Public Hearing on Item 4, the CUP 02-021, be closed. Mathes: Second. Borup: Motion and second. All in favor? MOTION CARRIED: ALL AYES. Zaremba: And Mr. Chairman? Borup: Commissioner Zaremba. Zaremba: Since that item has been withdrawn by the applicant, I move that we take no action on it. Mathes: Second. Borup: Motion and second. All in favor? MOTION CARRIED: ALL AYES. Item 5: Public Hearing: AZ 02-020 Request for annexation and zoning of 39.96 acres from RUT to R-4 zones for proposed Castle brook Subdivision by Crestline Development, LLC - 950 North Black Cat Road: Item 6: Public Hearing: PP 02-016 Request for Preliminary Plat approval of 120 building lots and 11 other lots on 39.96 acres in a proposed R-4 zone for proposed Castlebrook Subdivision by Crestline Development LLC - 950 North Black Cat Road: Borup: The next item is AZ 02-020, request for annexation and zoning of 39.96 acres from RUT to R-4 zones for the proposed Castlebrook Subdivision by Crest/ine Development and accompanying that is PP 02-016, request for preliminary plat approval of 120 building lots and eleven other lots on the same 39.96 acres in a proposed R-4 zone at 950 North Black Cat Road. We'd like to open the Public Hearing on both these items and start with the staff report. Hawkins-Clark: Thank you, Chairman Borup, Members of the Commission. The first item I will address here is the annexation and zoning. It's the cross-hatched property on the screen. Cherry Lane is approximately a quarter mile north of the property here. Black Cat is on the west side. The applicant has requested a zone of R-4, which is in compliance with the Comprehensive Plan. R-4 property does surround it on the north side and then the community park there on the east does touth their eastern boundary. Meridian Planning & Zoning September 19. 2002 Page 4 of 96 Here are a couple of site photos. It is existing agriculture/vacant ground. Black Cat is designated as a minor arterial by Ada County Highway District. It is currently two lanes and it does a but t he east side there. You should have received this evening in your packets -- or I guess not in your packets, but at your desk a revised preliminary plat and that is what is on the screen right now. Primarily the difference is -- I guess the only difference is there is now just one access point that they are proposing on Black Cat Road, as compared to two access points. There was an offset problem with the Highway District from the primary entrance into -- let's see, which one was that? Into Coral Creek. Right. Coral Creek to the north. So the new single point of access onto Black Cat that they have now does meeting the offset distance there. A couple of highlights of the plat for you. There are 120 building lots and 11 other lots that they are proposing. Just a little more than five percent of the subdivision is in open space, as required by our subdivision ordinance, so it does have to be accessible and usable. They have shown an open space private mini park here in the center of the project. It does have a local street abutting it here on the southwest side. The single family lots in the subdivision range from about 8,000 square feet to about 15,000 square feet. They have a gross density of about three dwelling units per acre. There is an existing stub street from Coral Creek here at the northeast corner, which they are utilizing. They are also proposing to construct an extension of EI Gato/Pine, which maybe the applicant can speak to that. I don't know that a firm name has been lined up. But it is in the general alignment of Pine and EI Gato. So they do have two access points off of that, one here at the southeast corner and one here at the southwest. Staff's report is dated September 10th, 2002, and we have received written comments back from the applicant and t hey are in agreement with a II 0 four proposed conditions. In terms 0 f t he block length, we did have an additional consideration on that, that they do exceed the 1,000 foot block length on a couple of blocks in the subdivision, but due to the existing conditions they have recommended that those block lengths be allowed to exceed the code. I guess the one item for discussion that I would point out is on page six of our staff report, the second item under additional considerations. Planning and Zoning Commission may desire to limit the height of the fencing adjacent to that central common space. Our standard for micropaths, as you know, is the four foot maximum to create a more safe corridor. The code doesn't specify that around the open space lots, but we have been encouraging that to be a consideration of the Commission. I think the last -- the Meridian fire department has, by the way, reviewed their amended plats. I did talk with Joe Silva, deputy chief fire marshal, and he did tell me verbally that he has no problem with the single p oint of access on Black C at. They will - - they will have the three other points of access. So 1 think he was okay with that. Oh, right. The one going to the north is in the first phase at that point, so they would have two ways into the subdivision with emergency vehicles. If the Commission does make a motion to approve, staff is asking for one additional inclusion in that motion that you would add that the subdivision that's subject to positive results of the sewer analysis for the sewer system capacity. There are still some studies being done by Public Works Department. Bruce Freckleton can, of course, answer any questions you might have, but should you move it on tonight, that is one pending item that is sort of hanging out there that would need to be looked at more carefully before City Council. So unless you have got any other questions, I think that's alii have. Meridian Planning & Zoning September 19, 2002 Page 5 of 96 Borup: Any questions from the Commission? Zaremba: I had one and, again, this is a nitpicky type one. On page four, item J, staff finds the subdivision's vehicular approach off that property should be Black Cat, not Meridian. Hawkins-Clark: Thank you. Zaremba: Then I think you answered my question. The reference to the street width was two or three different places. ACHD had a comment and the fire department had a comment. Those are all resolved, is that what you're saying? Hawkins-Clark: Yes. Zaremba: Okay. Mathes: Can you explain the sewer thing? Freckleton: I would be happy to. The subdivision to the north, the Coral Creek Subdivision, is served by a lift station that is a little bit north of this location. The sewer gravity feeds to that point and then is pumped north to a manhole in Black Cat Road that's north of Cherry Lane. It discharges to that manhole. That manhole then -- or from that manhole on north is a gravity flow to another lift station at the Ashford Greens Subdivision. The study that we are doing is we are putting flow monitors in those lines. We need to nail down what actual flows we have versus what our computer model flows are and look at the capacity of the lift stations and make sure that everything is there with adequate extra capacity to accept this subdivision. Mathes: Thank you. Freckleton: You bet. Zaremba: I have one other question. The plat that I had a chance to study and the new one that we got tonight appears not to be that much different. In showing the cross- section of the street building specifications, it has an attached sidewalk. I have probably asked this question before. Aren't we asking by ordinance for detached sidewalks now? Hawkins-Clark: Commissioner Zaremba, we are on the exterior adjacent to the arterial roadways, but not interior. Zaremba: Not interior. Okay. Thank you. Borup: Okay. Is the applicant's representative here? Meridian Planning & Zoning September 19. 2002 Page 6 of 9G Hart: Good evening. My name is Kevin A. Hart, address 416 East 1st Street in Meridian. We will try to keep our presentation brief. There are many things to be discussed this evening. Staff asked -- I won't address the annexation. Staff has done an excellent job in sharing with everyone that this is contiguous and a planned annexation and it is compatible with the new Comprehensive Plan. What I will address is some of the changes that have been made and why those changes were made and what benefits or what reasons we made those changes. First, with regards to the subdivision at Cherry Lane and Black Cat, this location, Coral Creek is directly to the north and then Blackstone to the north of that. We have talked with -- and we understand that there is ongoing sewer studies and we understand that. We have been talking with Brad and his department and Bruce from the beginning, the first day we brought this in and that was the first comment. We understand that. And we done enough conversation with Brad and Bruce that we feel comfortable taking that risk to get approval without knowing for sure, because there will be is sanitary sewer available and we will know that shortly. Bruce is more comfortable telling you that than I am. With regards to the subdivision itself and the redesign, there have actually been a couple of redesigns on this subdivision largely based on staff, ACHD, or other comments. When we first brought this project in -- I'll refer to this map at this location. When we first brought this project in the park that you see at this location we had initially put it up in this corner. The reason we put it there is because that was a very unusual and difficult piece. We went in and spoke with Brad, Brad Hawkins, and he said we'd really like you to move that and we did, we listened to him, and, fortunately for us and the city, it's an excellent location for the park. It's in the center of the subdivision. So we did redesign that based on city staff comments. The road redesign has been based on redoing this here and here. That was our initial design. When we met with ACHD, ACHD asked us to redesign it due to offset conditions. We did comply with that, knowing that also the fire department was interested in making sure that we have secondary access at all times. I spoke to Fire Chief Bowers and also Deputy Chief Silva and both of them, as Brad stated, are fine with the design of the subdivision. Phase one will be basically -- we are proposing this in phases. Phase one will be basically this portion to the north. So in phase one we will access this point to Black Cat, we will also make access to Coral Creek, so at all times there will be secondary access and emergency access, if you will, for the subdivision should one of one those accesses be blocked off. In phase two, this line to the south, we will be building EI Gato -- and I will address EI Gato and Pine and why we are calling it two names in a moment, but we will be building EI Gato Road with this connection -- I'll refer back to this map -- building EI Gato Road with this connection. So in phase two there will actually be three points of connection. In the future there will actually be five points of connection, one at this location, one at this location, one at the location where EI Gato extends, and two onto Black Cat Road. The fire department and police department and staff have all supported that. We have also received support and staff level approval at Ada County Highway District, we are scheduled on their agenda and we have been told by them that there is no reason it won't be approved. The changes that they requested in there are fine also. With regards to EI Gato, this location -- and I will refer to this small vicinity map. EI Gato is proposed that we construct it here. The question we have with regards to the name, at this same location line further to the east is called Pine, at the same location line directly across the street it is called EI Gato. Meridian Planning & Zoning September 19. 2002 Page 7 at 96 What we will name it is still up in the air, based largely on what the department would like us to name. It's just been that way forever a nd I guess they have got to decide where they want to make the break between EI Gato and Pine, if they are going to change the name, but we are working closely with the fire department with regard to that name change. Overall you can see on the map the area has developed and it is in an orderly growth of development. There are centers and if you are familiar with the Comp Plan, you know about the subdivisions and it has been approved. This follows Meridian's Comp Plan. We are requiring in the subdivision very strict CC&Rs to provide a quality home, to provide front and rear landscaping, time frames on that landscaping, front yard fencing, time frames on that fencing, architectural controls and things of that nature. We have staff's recommendation for approval. We feel like we have worked very well with staff and we appreciate their help and we ask for your approval this evening. Zaremba: Did I just hear you say front yard fencing? Hart: We require fencing when the house goes in. A large problem we have had when we do subdivisions, the house goes in and people say I'm going to do my fence, they never do their fence, and what people do in the back yards, although it may be grass, they may not mow it nearly enough, they may not do it for awhile, but a lot of that depends, so we tried to restrict that. So as soon as the house goes in we require up front what we call a front fence, from property line to property line and then if it's on the corner we also require that the corner be fenced in accordance with the city codes, which generally is ten feet back from the sidewalk, so that -- the back yards -- Borup: You're saying having them parallel to the street? Hart: Correct. Correct. That really hides the view of the back yard and we require front yard sod, trees, bushes, underground sprinkler, photo cell lights, so there is a nice view in the evening, everybody has a yard light, all that's required at the time of construction. So that front yards -- the streetscape is going to look nice as soon as it goes in. We have battled it the other way and we don't like to battle with anybody. Zaremba: When you said t hat, my mind immediately went to a fence right a long the sidewalk, which you have clarified, so it's not an issue. Hart: We require the setback. In fact, on the sidewalk you also required additional trees, so both side yards would look more like a parkway type setting. With one question, if I might address, the question of fencing around the common area. We understand the pathway fencing and we will meet those requirements. The common area fencing we are happy to abide by whatever Planning and Zoning Commission decides tonight, if you would like to restrict fencing so there is none at all or if you would like it to be a minimum four foot high, that's completely up to you. If you want me to make a decision, I will do that, too. Zaremba: I was going to bring that up and try to reach a common agreement. My instinct would be to say either a four foot non-see-through for the first four feet to be Meridian Planning & Zoning September 19. 2002 Page B of 96 obscuring and maybe two more feet that's lattice and see through, I would be comfortable with either one, but I would think there be should some fence -- some property owners will want to have a fence, so you will have to identify what it should be. Hart: And we are happy with the four feet -- a minimum of four feet non-see-through. If they want to go higher than that, then they can, as long as it's lattice or something with that -- Zaremba: And that maximum would be six feet, so there would be another two feet, and let me ask staff if that's acceptable. Hawkins-Clark: In terms of the code it is. The code doesn't speak to fencing adjacent to common lot areas, other than the micropaths. Our experience has been that the two foot lattice in many respects, for those that have big dogs, you know, a four foot fence, we'll get people coming in -- I don't really recall how many houses there are around there, but eight or so -- the chances of somebody saying that their dog is going to jump over a four foot fence is pretty high and so then they come in and they want the two foot lattice and then somebody next to them stays with a four foot, if you -- if the developer installs it, it's uniform, and in terms of esthetics, it's more appealing than leaving it open to each individual property owner to come in and get a fence permit and each one chooses something different, but in terms visibility, sometimes the lattice can be so opaque that you can't -- you might as well have a solid. So that's the other factor to look at. But in terms of the code itself, we do not have a list -- Zaremba: I agree with the uniformity and we can specify that it's a more open lattice, I suppose, if that's comfortable for you. Hart: Yes, it is. We can put that in the CC&Rs so that it can be enforced if down the road they should decide to change fences or things of that nature. Borup: I think the other factor here is the visual effect. If it was more of a rectangular open space we would have a fence on three sides, it may be more of an issue, but this is a real open park area, open to the street all the way down. We don't have the same type of problem like on the pathway fencing. Hart; Correct. Borup: Do you have any other questions? Zaremba: Thank you. Borup: Does that conclude -- Hart: I hope so. I will be available for any questions should any arise. Thank you. MerIdian Planning & Zoning September 19, 2002 Page 9 of 96 Borup: Do we have anyone else here to testify on this application? Seeing none -- either one. We don't have that many people, but we had a couple sign up against, so if you would like to come forward. Tortorella: My name is Rusty Tortorella. I'm an employee of the City of Meridian and also a long time rural resident of EI Gato Lane. It's a lovely subdivision. I would just like to see less houses in it. I don't mind it being changed to R-4, I think it should be matched with some of the long time residents there as a low density, instead of medium density housing area. I have lived on EI Gato for 25 years now. Our children play on that street. They ride bikes up and down the street. It's still very country. We all have horses out there, we ride our horses up and down the street. I drive a horse and buggy up and down the street, EI Gato, as soon as that second phase is opened up, is going to turn into a shortcut for people that work in Nampa. They are going to come into the east end -- no, the west end of EI Gato and come right straight passed all of our rural houses out there and our children and our animals and so forth and so on. I'm also concerned that Black Cat is a minor arterial you said. As I go to work every morning, I'm at the corner of Black Cat and Cherry Lane about 7:30 and I sit and wait for probably four to five cars in each direction and watch them run the stop sign there. Our police department here in Meridian could make their quota just by sitting at that intersection every morning. The traffic from 120 more houses is just going to add to that so much more and create more hazards for the community. What else was I talking about? I was concerned about the water table out there, too. We flood irrigate off the irrigation ditch there. There has never been a large quantity of water for us. We have always struggled to make sure our hay fields were watered properly. I'm afraid if -- I'm assuming that there is going to be some type of a community well for irrigating the properties in the subdivision. That's going to take away from our water table again. I guess that's about it. I'm just very very concerned about the area, the number of people it's going to bring in. Oh. And I might add, the City of Nampa, whose city councilor planning and zoning commission I stood in front of several times, were very very helpful in making sure that McDermott that was trying to put in a very large subdivision like this, changed it to a five acre subdivision, instead of 120 houses. And that's right at the other end of EI Gato. So that's it. Thank you. Borup: Any questions from the Commission? Ma'am, I -- maybe -- are you on EI Gato to the west of Black Cat? Tortorella: Right here. Borup: Okay. Thank you. Tortorella: There is a farm that faces Black Cat right there, that first piece of property. Another property, the owner is here, owns the second one, and I own the third one. Borup: Thank you. Okay. Did I see some else's hand that wanted to come forward? Mertdian Planning & Zoning September 19, 2002 Page 100f96 Ferrera: Hi. My name is Kathy Ferrera and I live at 4960 EI Gato Lane and I have been there -. I think we have been there about 18 years and could I show you a couple things in the map that I'm concerned about. Borup: You need to grab that microphone there. Ferrera: All right. Thank you. Okay. Rusty, that just spoke, she showed you where she lives. She lives right here -- or right here. We live right here. There was discussion about Pine Lane being EI Gato Lane, no such thing. My neighbors who live on Pine Lane would be very surprised if they found out that they didn't really have an address. Pine Lane runs here. There is a dirt - well, it's a gravel road. I don't believe the county maintains it. EI Gato is the one that takes off up there and they actually are divided by a little strip of dirt. It is not the same street. And at the end of EI Gato, as Rusty was just saying, they are putting in a subdivision in Canyon county. So in addition to the traffic she was talking about that is going to go -- use EI Gato, because Pine Lane doesn't really go anywhere, it goes down maybe a half a mile or so and curves around to some other acreage properties. But we are very concerned that EI Gato will be turned just into a real high traffic area with a new subdivision at each end of it. It's only a mile long. That's all it's ever been. Now let me move and go back over here. I was a little confused looking at the map that I received today from the city. The colored map that shows the zoning now, I'm confused about high density, medium density, and low density and how you figure that. Our block on EI Gato Lane -- I believe the smallest acreage property there is ours and that's three and a half acres. The rest go up to seven. So, yes, I would consider that very low density. If these subdivisions are considered medium density -- to me that's a lot of people that are going in. I'm also wondering if the common areas for this development is going to be built as part of phase one or it's not going to start until phase two. Just a second. And then I'm concerned, too, about the water and irrigation service to that subdivision, how that's going to be handled, because we are on wells, we don't have city water. Our water table goes down, we are in a bad spot. Our irrigation water is provided out of the canals, but we all have wells on that street. And I think that's all. Borup: Thank you. Do we have anyone else? Okay. Would the applicant like to -- oh. Did you -- come on up, ma'am. Sonderegger: Yes. My interest is in the property-- Borup: You need to state your name and address. Sonderegger: Laura Sonderegger and my interest is in the property at 1155 Black Cat and which is just adjacent to the -- immediately across the street, basically, from the entrance. My concern is with the road on Slack Cat. The road is in bad condition as it is and I'm wondering why a developer, who is bringing in so much traffic and so many people, is not responsible for widening the road or addressing the road issues and if we are going to be widening the road eventually, why are they not responsible for carrying some of that cost, versus the residents of Meridian, as well as if you're going to be Meridian Planning & Zoning September 19. 2002 Page 11 of96 extending the road, is Meridian considering bringing the actual sewer system down the road to the first -- because it doesn't make sense to put in a new road and then tear it up. So that's something I would like to have answered. Borup: Okay. We will get answers to that. Sonderegger: Thank you. Borup: Okay. Does the applicant have their final remarks? Wildwood: Thank you, Mr. Chairman. For the record, my name is Susan Wildwood, I'm an attorney, and I'm here on behalf of the applicant. With regard to the issues that have been raised -- actually, we understand that this is EI Gato and this is Pine. I have seen the little dirt strip that separates the two. Our only discussion is we aren't sure what the fire department is going to require us to be calling that road and it is a little bit confusing in that area. With regard to the comments about the subdivision at the other end, I actually handled that. It was a subdivision that was put in by Cortland Walker. The reason that the property went to slightly larger lots is because every one was well and septic and, number two, it's cut by two live drains and the nutrient pathogen study that was done on that particular property required larger lots. The actual ruling from the Board of County CommisSioners was that it had to have an average lot size in there of five acres, but there are some lots that are considerably larger than that, but basically the reasoning is because of the nutrient pathogen study, the fact that it's well and septic, and the requirement that this is between those wells and the septic system and those live drains. With regard to traffic, it's not likely that people will be going out through EI Gato. It's actually faster to come out and go to Franklin and catch the freeway that way, rather than coming in EI Gato, coming back down, catching Franklin, and then trying to go out in that direction. It's most likely that the traffic will split, come up to Cherry Lane, go down to Franklin and catch the freeway that way. It isn't the case that there won't be any traffic, but I don't think that this particular subdivision is going to lend itself to coming completely out to the subdivision to the immediate west. The entryway is actually much higher toward Cherry Lane, as well as up here and you will get some traffic coming out and when this property develops you will also see access on that east side. It is being done in phases and as Kevin has pointed out, it's the upper phase that will be phase one and we will have -- actually, the traffic will come in through Coral Creek and then, again, most likely split to Cherry and Fairview. With regard to the flood irrigation, we will be utilizing the current water right as a pressurized irrigation system, so we will be utilizing what's actually being done on the property right now. We are going to work with the neighbors, because we won't be losing the kind of irrigation loss that you have when you flood irrigate and/or utilize ditches, it will go into that system. It should actually benefit the downstream water user by being much more efficient in that water use. Borup: And you're not drilling a well; is that correct? Wildwood: No, sir, we are not. We are connecting the city's sewer and water, so we are not going to jeopardize the quality of water or the quantity of the water table for those Meridian Planning & Zoning September 19, 2002 Page 12 of 96 individuals. The density in this particular location, the density on the Comp Plan is three units per acre, so we are fitting in with the Comprehensive Plan that is designated by the city for the area. And then with regard to the roads. I believe Mrs. Sonderegger __ and I hope I didn't say that wrong -- for this project we do pay impact fees and we have requirements where we dedicate -- or we will be dedicating roadway. It will be at our task that this section of EI Gato is improved and so we will be providing those kinds of funds to the community, not only to the City of Meridian through the roadways and the Highway District with the impact fees along Black Cat, which is utilized in their capital funds for t hose future improvements. With that, Mr. Chairman, I would stand for a ny questions. Excuse me. I do have one other point. We have -- this board shows a couple of the projects that these folks have done and this is just the type of restrictions, we have extremely good restrictive covenants, they are very quickly enforced, as Kevin said. If you were to go to Autumn Faire, which is in the City of Meridian and you were to go and look down the street, new houses are in and before they are allowed to have any occupancy within 30 days of that substantial completion, their yards are in, the lights are on, and the fences are up. So I can guarantee you that these folks have a track history here in the town and they have done a good job. These are the kinds of homes that you will be seeing there. And while I understand the comment about the larger lots immediately to the west, there is actually three properties that are immediately across the street and we do have a substantial barrier with the road, there will be landscaping along the road in accordance with the requirements of the ordinances for the City of Meridian and I think that it's going to provide quite a nice entryway at this point -- and I could show you photographs if you're interested, but without taking anymore time, Mr. Chairman, thank you. I stand for any questions. Mathes: Yes. Someone asked what phase the open space is going in. Wildwood: Let me turn the map around and I will show you. The phase line is approximately in this direction and it would be going in on phase two. Mathes: Okay. Thank you. Wildwood: You're welcome. Borup: Okay. Any other questions from the Commissioners? Zaremba: Yes, I do have some. Borup: David. Zaremba: Not to re-engineer the project, but looking at properties across the street from your project, it would seem to me -- I don't know where those houses are oriented, but one of the ladies mentioned that your exit street comes out to her property. Would it be possible to move your exit street one house farther south or, in other words, put one -- put the first lot that's south of the exit street north of it, move the exit street one house farther south, and, therefore, be existing on the property line, instead of-- Meridian Planning & Zoning September 19, 2002 Page 13 of 96 Wildwood: We would be happy to. Zaremba: I don't even know if that's necessary to do, but does that -- I forget who it was that had that problem, but does that help? And I don't know if I'm correct in my assumption either, but -- (Voice from audience.) Borup: It's actually on the other wide map. Wildwood: Here is the entry into Coral Creek. Okay? A member of the audience has indicated this is the entry into Coral Creek and your property would be this property? It would be one of these two properties. Borup: Either one, the road does not affect it. Wildwood: The road would have -- we will be happy to move it if it -- Zaremba: Well, it looks like the property owner that probably would be affected isn't here, but I guess that's -- does that mean you'd have to go all the way back through ACHD or -- Wildwood: No. Zaremba: -- is that something you could just do? Wildwood: We can do that and have it come out at this location and then regardless of which neighbor it is, we are splitting the property line. We would be happy to do that. Zaremba: I think that would be a good suggestion. Wildwood: It's got to go somewhere. One, it's a little easier, but, two, if we have maybe some difficulties if we had two entrances, but we do have some slight room in there. Bird: I'm Robert Bird, 1123 North Black Cat. I have the six acres just south of -- this here is the five acres that she has. Right here. This is the six acres that I have. Right down through there there is a lane going back to this one acre house back here. It's a 40 foot easement. It's on my property, but I have given them an easement to get through the property to that point. In the future some day we may want to divide that off into half acre, acre lots, who knows, whatever. Right now there is an easement there or a road there. If they could be across from that it would be a good place to be, I would think, for another road. Zaremba: Yes. That looks too far north to me. I'm sure that's a more difficult move than what I just -- Meridian Planning & Zoning September 19, 2002 Page 14 of 9G Bird: I'm not sure what -. Hart: Commissioner Zaremba, if I may answer that question. We initially did have it located to come directly off here and stub at that location. That is when ACHD asked us to redesign it. So initially we did have it at that location and they asked us to redesign it. So we can't put it at that location. We can move it to basically split that property line, so no property line would be affected -- or minimally affected. Zaremba: I guess I'm asking that on behalf of a property owner who is not here, but -- Hart: I will submit it on behalf of a property owner who is not here. Zaremba: If that's an easy thing for you to do, I think it would be appreciated, but I -_ Borup: I think the other factor is the location of the house there. That may be where the house is on that side of the property and it may make it worse. We are talking about something we don't know. Zaremba: I don't know the answer. Borup: You're assuming the house is in the middle-- Zaremba: Yes, I was. Borup: -- in the middle of the property. Hart: I have a suggestion and maybe you will like this. We can go out and figure out which side the house is on, on the property, and locate the entrance on the opposite side of that. Zaremba: Thank you. Hart: You're welcome. Borup: Anything else from the Commission? Any comments from the staff? Hawkins-Clark: Chairman Borup, Members of the Commission, two other items that I might point out. Again, this is really the first blush that we have had to really look at the revised plat. "II go back to the common lot. I guess it's a little tough to see here. There is a sewer service -- no, it is a main. Yes. There is a sewer main that comes across right at that point. Typically the city does look for those to be within 20 foot wide common lots. The other item is the -- as Black Cat does require a minimum 25 foot wide street buffer from the future edge of right of way to the back of the lots -- and they are only showing 20, so that would be another modification to the plat. So we would ask that prior to the -- if the Commission moves on this tonight and moves it on, we ask that we Meridian Planning & Zoning September 19, 2002 Page 15 of 96 receive a revised preliminary plat that brings that 25 foot wide common lot into compliance, as well as that street buffer. Zaremba: Mr. Chairman, is it appropriate to close the Public Hearing? Borup: I would think so. Zaremba: So moved. Mathes: Second. Borup: All in favor? MOTION CARRIED: ALL AYES. Borup: Brad, are you saying that you'd like to see that sewer easement in a 20 foot wide common lot? Freckleton: That's correct. Borup: But it would take a bit of a redesign to fit that in there. It looks like that was the location of the original entrance. Hawkins-Clark: Chairman Borup, we -- just at initial glance, it does appear that they would not lose a lot. There is enough flexibility of shifting on the frontages, they could still meet minimum frontages. The main thing is as a public main that it be provided in a common lot or within the right of way. And there may be enough flexibility that if the Commission is comfortable, I think it's certainly doable. Borup: Well, that's what I was thinking. There is some wider lots down in -- and some larger -- and the one right next to it has got 93 feet, so I think that can be redesigned. Neither of those two items were on the staff report, I believe. Would that correct? Those would need to be added to the original staff comments? Hawkins-Clark: That's correct. Borup: Any discussion from the Commission? Zaremba: Only that I didn't follow the exact location you're talking about. Borup: I'm sorry. Okay. On lot seven, the northern part of lot seven, is the location of the sewer stub coming in -- or the sewer line coming into the subdivision. Are you following that right down there in the corner? Okay. That needs to be on a separate -- dedicated separate lot, 20 foot, and it looks like they could accomplish that by shifting -- shifting some of the lot frontages and maybe some of the lot lines and still keep the same lot count. And then the other item has lot seven -- Meridian Planning & Zoning September 19, 2002 Page 16 of 96 Zaremba: Which block? Borup: Block two. Zaremba: Block 2, Lot 7? Borup: Yes. Then the other items was Lot 1 -- Lot 1, Block 1 and Lot 1, Block 2, which is the landscape buffer on Black Cat. Zaremba: To be 25 feet? Borup: Yes. Zaremba: I have that one. Borup: And other than that, the staff comments covered everything else. And the applicant was -- their letter was in agreement with all the staff comments. Zaremba: Okay. I think the discussion regarding the name of the street .- Borup: That's going to be up to -- Zaremba: -. being Pine Street, has to do not with the unpaved part of Pine that's to the west, it has to do with the future extension of the east -- Borup: Pine Street. Zaremba: -- that currently ends at Ten Mile. Borup: Right. Zaremba: It will come across and connect to this street and it really isn't up to us to decide what that name is, but I think that may assuage some of the worry about traffic going west. When Pine Street is connected, however it's named, I agree that most of the traffic is going to go east and probably not use the existing portion of EI Gato. I don't see much reason for people to go that direction, other than sightseeing. Mathes: It will probably take awhile to get Pine all the way through. Zaremba: Well, I'm of the opinion that this complies with our Comprehensive Plan and is a project that would be a good addition to the city. Mr. Chairman? Borup: Are you ready for a motion? Meridian Planning & Zoning September 19. 2002 Page 17 of 96 Zaremba: I move that we forward to the City Council recommending approval of Item 5 on our agenda, AZ 02-020, request annexation and zoning of 39.96 acres from RUT to R-4 zones for proposed Castlebrook Subdivision, 950 North Black Cat Road, to the include all staff comments of the staff memo of September 10th. Mathes: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Borup: Item NO.6. Zaremba: Mr. Chairman, I move that we forward to the City Council recommending approval of Item 6 on our agenda, PP 02-016, request for preliminary plat approval of 120 building lots and 11 other lots on 39.96 acres in a proposed R-4 zone for proposed Castlebrook Subdivision, 950 North Black Cat Road, to the include all staff comments of the staff memo dated September 10th, with the following exceptions or conditions: Comments regarding the width of the road have been satisfied. Let's go to page eight, under site specific comment preliminary plat. We will add a paragraph 19 that says that approval is subject to the results of the sewer study. A paragraph 20 that requires the revision of the plat to show a 25 foot landscape buffer along Black Cat. An item 21, to require a sewer easement of 20 feet next to Block 2, Lot 7, and an item 22 -- Borup: I think that sewer needs to be on a separate lot also. Zaremba: Item 21 would be a common area lot, 20 feet by -- next to Block 2, Lot 7, for the purpose of sewer. And item 22, that the fence around the open area along residential properties shall be six feet tall, the first four feet to be opaque and the top two feet to be see-through, preferably lattice -- lattice. Am I missing anything? That's the motion. Mathes: Second. Borup: Motion and second. All in favor? Any opposed? Thank you. MOTION CARRIED: ALL AYES. Item 7: Public Hearing: CUP 02-023 Request for a Conditional Use Permit to place a Class A manufactured home on a permanent foundation in an L-O zone for Treasure Valley Worship Center by Treasure Valley Worship Center - 50 West Spicewood Drive: Borup: T he next item is Public Hearing CUP 02-023, Request for a Conditional Use Permit to place a Class A manufactured home on a permanent foundation in an L-O zone for Treasure Valley Worship Center by Treasure Valley Worship Center at 50