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HomeMy WebLinkAboutOctober 3, 2002Meridian Planning and Zoning Commission Meeting October 3, 2002 Paga 15 of 84 Borup: Commissioner Zaremba. Zaremba: I move the Public Hearing be closed. Mathes: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES Borup: Do we have a motion? Zaremba: Mr. Chairman? Borup: Commissioner Zaremba. Zaremba: I move that we forward to the City Council recommending approval of PP 02- 017, request for Preliminary Plat approval of six building lots on 13.77 acres in a C-C zone for Silverstone Subdivision No. 3 by Sundance Investments, southeast corner of East Overland Road and South Eagle Road, to include all staff comments. Mathes: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES Item 6. Public Hearing: AZ 02-021 Request for annexation and zoning of 5.26 acres and rezone of 2.40 acres from RUT and R-4 zones to R-8 zone for proposed Tully Cove Subdivision by Ted Mason -west of North Linder Road and south of West Ustick Road: Item 7. Public Hearing: PP 02-018 Request for Preliminary Plat approval of 39 building lots and 10 other lots on 7.30 acres in a proposed R-8 zone for the proposed Tully Cove Subdivision by Ted Mason -- west of North Linder Road and south of West Ustick Road: Borup: Thank you. The next item is Public Hearing, AZ 02-021, request for annexation and zoning of 5.26 acres and a rezone of 2.4 acres from RUT and R-4 zones to an R-8 zone for proposed Tully Cove Subdivision by Ted Mason. The adjoining application is PP 02-018, request for Preliminary Plat approval of 39 building lots and 10 other lots on 7.3 acres in a proposed R-8 zone for the proposed Tully Cove Subdivision by Ted Mason. This is at west of North Linder Road and south of Ustick, across from Tully Park. We would like to open both these Public Hearings at this time and start with the staff report. McKinnon: Thank you, Mr. Chairman, Members of the Commission. If I could, again, direct your attention to the overhead. Showing you the location of the subdivision. As you can see, it's directly across the street from Tully Park, which is located, approximately halfway between Ustick and Cherry Lane on the Linder Road. The Meridian Planning and Zoning Commission Meeting October 3, 2002 Page 16 of 84 proposed subdivision has 36 attached single-farm family homes. I'll go to the site plan really quick. vacant field. Onto the Preliminary Plat. Within the that he has got 36 building lots and three built homes. Those three building lots -- there is one to -- one in the north, one is located centrally, and quick, it's -- Zaremba: That one? McKinnon: Thank y ou. R fight t here. There a re within the subdivision. The remainder of the sl family homes. There are two somewhat large lal square foot landscaped open area in the south ce the northeastern -- northwestern, excuse me, co 9,000 square foot open space lot. Within the st landscape buffer lots. All the homes within the su onto open space or landscaped lots, they actin actually front to the landscaped lots. Within the s~ a reduced street width, 29-foot street sections, a sections and we, as staff, have no concerns wi applicant has agreed to provide for no parking i down in this corner where parking would only be a supports the project. They have submitted a new i received a copy of the revised plan. I have b Highway District and you should have a copy of stating that Ada County Highway District does nc site plan. It was submitted to them. ACRD is in support of this project as well and it provide: Subdivision and it provides for multiple housing space makes up approximately 8.5 percent of th approve. One thing that we did have a problem v the proposed landscape buffer on top of the bet fence and the Landscape Ordinance does not allc The removal of the three-foot tall fence from the into compliance with all sections of the Meridian i With that I would ask if there is any questions? Borup: Questions from the Commission? Zaremba: We have in our packet a copy of the for an exception to the separation distance bei that the a-mail that you just referenced alsc .applicant wants that to be? McKinnon: That's correct. homes and three detached single- It's just showing the location. It's a preliminary the applicant has shown fig lots that would not be attached ated -- if I can get my pointer to work one located, if I can remember right three detached single-family h omes bdivision, again, is attached single- dscape lots, approximately an 8,000 itral portion of the property and up in ner of the property there is about a bdivision there is a number of open division actually -well, actually front ly do not front on each other, they bdivision, the applicant has asked for id ACHD has approved those street i the reduced street sections. The iainly on the 29-foot street sections owed on one side of the street. Staff ;vised site plan. You should have all .en in contact with the Ada County he a-mail sent to me by Craig Hood have any concerns with the revised support of this project and we are in a connection to the Turtle Creek types within one project. The open project. It is a project that we can ith from an ordinance standpoint was n they propose to have athree-foot v fencing within the landscape buffer. ~ndscape buffer would bring this plat itv Code and Subdivision Ordinance. from the applicant to ACHD asking two streets. Is it your assumption rporates approval of the way the Zaremba: Okay. Meridian Planning and Zoning Commission Meeting October 3, 2002 Page 17 of 84 Centers: And, Mr. Chairman --and this has been n issue in previous subdivisions with narrower streets and the Fire Department issue- nd -- w hich I don't have a problem with, but in that particular case they wouldn't instal no parking signs -- without me going into your comments. Did you require no parking igns every so many feet and has the applicant - or you didn't address that? McKinnon: It's addressed -- the applicant has provide for painted curbs. As far as signage -- got on his site plan that he would Centers: Curb? Right. McKinnon: Painted curb. For fire lanes. Centers: Good. McKinnon: One of the issues that we come dow the street is that who is going to enforce that? If is required to enforce that and then we are enfo addressed that by providing the striping in the soy around the cul-de-sac for no parking. to with the no parking on one side of ~e city puts up the signs, then the city Ing a subdivision. The applicant has fern area and up in the northern area Centers: Which is probably is better. Borup: David, would that be addressed in ~he covenants? The homeowners association would take care of maintenance on th painted curbing? Centers: Good point. McKinnon: I haven't looked through the CC&R's Borup: Or does ACRD do that? McKinnon: That would be something that the app Borup: Okay. So that should be included, I assu McKinnon: The applicant is here tonight and he that. Borup: Okay. Any other questions from the Con make a presentation? would do. in -- Id be the best person to address Would the applicant like to 'Mason: M r. C hairman, M embers of t he C omml Rainford and I are co-developing this property. 1995. We h ave a n o ffice a t 4323 N orth Sharo opportunity to address the Commission this eves the neighborhood with the surrounding property Tully Park and I have also attended a meetil Association board meeting and have resolved a I pion, my n ame is T ed M ason. Bob Bob has owned this property since D rive i n M eridian. I appreciate t he ~g. I have held several meetings in owners. Both in their homes and at ~ of the Turtle Creek Homeowners of the concerns and issues with the Meridian Planning and Zoning Commission MeeBng October 3, 2002 Page 18 of 84 neighbors at that time - at those times. We downsizing empty nesters here. The homes will Above average finishes. We are targeting buys many cases this will be their last home purchase 160,000 dollars. There is extensive landscaping evening. The front yard landscape and the comn be done in common, as will the snow removal, ti dues, so homeowners will feel comfortable in lea weeks or however long they choose to leave in things will be looked after. We feel this is an ides that we are targeting, because of the proximity to this is a compatible -- compatible with the surroun the Comprehensive Plan and I agree to all ~ respectfully request your approval this evening. proposing single-story homes for 1,200 to 1,600 square feet in size. who have owned a home and in The homes will sell for 120,000 to iat has been eluded to by staff this n area landscape of each home will t would be paid for by homeowners ig their homes for a month or a few ~e winter or summer and know that location for the retirees to downsize idly Park and shopping and feel that ng land uses and in compliance with the staff report conditions and I Borup: Any questions for Mr. Mason? Centers: Yes, Mr. Chairman. Mr. Mason, do you intend to maybe take trades? Yes. I know your project visually, because directly behin my office, which sits at Emerald just east of Orchard, you came in and did an in-fill with the same type -you're going to have townhouses built in duplex form. Mason: Yes. That's correct. Centers: And I think, what, you put in 16 to 18 there? Mason: That's correct. Centers: And I think most of them are sold. Mason: Yes. Centers: And I commend you with the idea and the buyers recently and he was just ecstatic and I think Meridian needs something like that. Your tght -- and, in fact, I spoke to one of was a downsize, empty nester, and ation is -- you're lucky that it -- Borup: Would it be -- turn back to my question on of the homeowner's maintenance? Mason: Yes. It would be included in the CC&Rs. Borup: Is it included at this point? Mason: I don't -- Borup: Probably not. painted curbs. Would that be part Mason: Is it not at this point, but we can certainly include that. Meridian Planning and Zoning Commission Meeting October 3, 2002 Page 19 of 84 Borup: Okay. I agree with what Commissioner that's probably -- do more good than the signs, and faded, it wouldn't be any good at that point. Mason: Thank you. Borup: Do we have anyone else to testify on this Centers: I think the applicant should be coma He must have done his job and homework. We Borup: I was going to comment on that, too, neighborhood meetings prior to can accomplish. Centers: Right. Borup: Thank you for doing that. Zaremba: Just as a comment, I'm not familiar Centers mentioned earlier, but I can see this as a higher density project than the ones around it thoroughfare. There will be plenty of transportatic building greater densities near the transportation o it's a good design. They will benefit by being near will eat up less farmland. Centers: Well, in addition, irregardless of what there is going to bean impact to o ur school sy behind me and Mr. Mason's project, so we hay impact the school, so -- I'd like to move that we cli Zaremba: Second. Freckleton: Mr. Chairman? Borup: Mr. Freckleton. Freckleton: If I could jump in, please. Borup: Please do. Freckleton: Hoping that - I had not seen the lar ago. Looking at it, I'm noticing that they have ~ encroaching in an easement. There is an existir runs right across here and comes down and then through my packet here tonight and I don't see Settler's Irrigation District as far as what kind of re the applicant's representative could address that. fters - I think had mentioned that after 10 years and that's all gone ~. Thank you, Mr. Mason. Seeing none -- d for meeting with the neighbors. have any neighbors. That's great. I think that shows what having the Frith the project that Commissioner food addition to Meridian. It's a little and that's good, right on a major i access on Linder Road and I think rridors is a good idea. It sounds like Tully Park and a few denser projects ie school d istrict says, I d on't think em, because I know the neighbors got tax monies with no children to the Public Hearing. Iscape plan until just a few minutes ~t some building footprints that are i piped Settler's Irrigation Ditch that outh through Turtle Creek. I looked that we have any comments from uirements they would have. Maybe Mathes: There is one in the packet from Settlers. Meridian Planning and Zoning Commission Meeting October 3, 2002 Page 20 of 84 Centers: I read that, too. Freckleton: Is it brief? Could you read it? Mathes: Sure. Settler's Canal currently is tiled along the northern boundary of the property. The the and easement must be prote ted. It also appears that all storm drainage will be retained on site. Therefore, no fu her review is necessary. Freckleton: Okay so no encroachments would be Zaremba: That just restricts the size and shape within that easement. building would be on -- Freckleton: Lot 12. Zaremba: -- the lot where the pipe makes a turn. Borup: Which would be 11 and 12; would that be Freckleton: Yes, lot's 11 and 12. There is -- ~ middle of Lot 12 right up here, there is a ma know, access issues to the manhole probably it does make an angle change in the in those people's backyard, so, you j be addressed. Zaremba: The hearing is still open, so please Hornick: My name is Lance Hornick. I work for address is 1117 Caldwell Boulevard in Nampa. EI - it's hard to see the lot numbers -- pull out my vie common lot. There is -- that's -- right there. The that lot. The building in Lot 11 and 12 will be conl The landscape plan that you may have had in fro buildings with either be attached or detached necessarily reflect the actual footprints of the b~ indicated. The homes will be designed to fit into 1 should be able to go ahead and access the back t the west. We have got about 20 feet into the proF a lot of these other developments and as Settler have looked over the plan or the plat and they h, review. easure Valley Engineers. Business tier we were talking about upthere - ~point here. Lot 13, as you see, is a anal -- the canal does pass through lured to stay outside that easement. of you was a concept to show that single-family homes. They don't dings, just as the Commission has ose areas. The Irrigation Company that lot through that common lot on rty line and that's not uncommon on rigation has said in their letter, they re no further comments or need for Freckleton: Mr. Chairman, if I might, while he's believe that there is an existing fence along the project from the Turtle Creek common area. Acc hard with that fence there. I would recommend specifically notes the existence of that ditch encroachments within the easement. There may legal counsel to look into, but there may be a something in the CC&Rs that -- for those two existence of a pipe and the access to the pipe and ;ill up there, I would recommend -- I north boundary that separates this ss to that manhole would be kind of iat there be a note on the plat that Id the easement and restricts the ie -- this may be something for their - it might be a good idea to have its, you know, that talks about the he manhole can't be restricted. Meridian Planning and Zoning Commission MeeOng October 3, 2002 Page 21 of 84 Centers: Well, again, providing access throng the common lot, Lot 13, would be adequate, wouldn't it, Bruce? As he stated. From this property. Zaremba: That gets you about -- that gets you (thin 20 feet of the manhole, but it doesn't get you to the manhole, if I understand. Borup: So you have got a common area -- you Freckleton: Correct. But there is nothing to boundary as well, so -- got a common area by Lot 13. them from erecting a fence on this Zaremba: Just to mull it through. Whatever is has to stay short of that easement whatever bui going to care for common area, might it not ma and shorten that lot a little bit. So that the com fence here, and would include the manhole in the Freckleton: Mr. Chairman, Members of the Co when we have a ditch like this we require that common lot, but it's not even -- we don't allow an lot. This one -- there is two lots that are affected. would kill this back lot if you excluded that easem would also create kind of a weird little hiding place Mathes: How hard is it to move the manhole? Is Freckleton: That's a big ditch. Mathes: Oh. Okay. Hornick: It would be extremely difficult to move tl Zaremba: Yes and typically they want manholes Hornick: Absolutely. Borup: Will you state your name again, please? reloped on this lot in particular, if it a goes there, and the association is sense to extend this common area i area, this lot, actually goes to the Ammon area. fission, as you will recall, typically easement area be included in a ~ementof a ditch across a building affected pretty minimally. I think it area and made it a common lot. It ck there. difficult? manhole. it changes direction. Hornick: Excuse me. Lance Hornick, Treasure V Iley Engineers. It would be difficult to move the manhole. The manhole is there, as you have indicated, specifically for change in direction. What we could do is betwee Lots 12 and 13, make a requirement that 'rf there is any type of fence, it would be a fen a with a removable section, so if any type of maintenance is required, they could get a ehicle back in there for maintenance. Centers: You mean 11 and 13. Hornick: I mean between 12 and 13 you could a~cess that manhole. And there are no other manholes on the -- Meridian Planning and Zoning Commission Meeting October 3, 2002 Page 22 of 84 Centers: This is -- okay. I had it marked wrong. I have seen it on deeds, permanent access easements. You could do that with lot 12 only. As Mr. Freckleton stated, if it stayed on the plat, then the buyer of Lot 12 understands that with that -- and, you know, you would have to consult your legal beagle, but permanent access for maintenance of -that could be in the deed. Hornick: Sure. Centers: For Lot 12. Hornick: And the way that the Irrigation District has that easement, it's there to protect their rights to get in and maintain that. Centers: Someone has the right to walk in that person's backyard is all that you're telling the world when you record that. Borup: Well, the deed that's already recorded is there, but I think a good reason to put it in the plat is most people don't pay any attention -- Centers: When they buy it. Borup: - to that and that's just --that's just further notification. Freckleton: Mr. Chairman, that was simply the purpose that I had, was we just get it out there for the world to see. They don't have to go and search a recorded document in county records, it's right on the face of the plat, the buyer of that lot is going to see it, so Hornick: We have no objection and we would be willing to put that note on the plat. Bonap: I think that makes good sense. Homick: If there is nothing else, Iwill -- Centers: Very good. Thank you. Zaremba: Yes. I would support making sure that the buyer of that lot has no surprises. Centers: We have a motion and a second. Borup: Yes, we do. I'm sorry. Centers: That's all right. I just wanted to remind you. Zaremba: Call the motion. Borup: We have a motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES Meridian Planning and Zoning Commission Meeting October 3, 2002 Page 23 of 84 Borup: That motion was to close the Public Hearing; right? Zaremba: Correct. On both items. Borup: Right. Do we want a little bit of discussion before we formulate a motion or are we ready? We discussed the note on the plan for access on lot -- Centers: Well -- and I think specifically it should be on Lot 12. Borup: Yes. Centers: On the plat. Right on the Lot 12, that -- however the legal person wants to word it, that the Settler's Irrigation District h as access to their canal via the manhole cover in the back. Borup: Right. The plat shows the easement, but a note saying that they do have an access -- Centers: To come and maintain the - Wollen: Excuse me, Commissioner Centers. Would that be on both Lot 11 and 12? Centers: Not my understanding. Freckleton: Mr. Chairman, I would recommend putting it on both lots. In the note reference both lots. The easement goes right across both lots -- the manhole is on Lot 12, but Imean - Borup: Right. The pipeline is the whole way. Freckleton: Exactly. It isn't a big issue when it's a common lot, but there is two home lots there that -- I think it's --Imean if you can reference one, it's just as easy to reference two. Make reference to the recorded easemeht document in that note, the instrument number. That would be right on the final plat as well. Centers: Which, Dave, and his department, approved anyway, so -- well, I'd like to make a motion, Mr. Chairman. Borup: Commissioner Centers. Centers: I'll make a stab at it. I'd recommend approval to City Council of Item 6, AZ 02- 021, request annexation and zoning of 5.26 acres and rezone 2.4 acres from RUT and R-4 zones to R-8 zone for proposed Tully Cove Sub by Ted Mason, west of North Linder Road and south of West Ustick Road, including all staff comments. Zaremba: Second. Borup: And by staff comments, did you mean the item on -never mind. I'm sorry. just caught on. We have a motion and second. All in favor? Any opposed? Meridian Planning and Zoning Commission Meeting October 3, 2002 Page 24 of 84 MOTION CARRIED: ALL AYES. Borup: Thank you. Centers: And continuing, I would like to recommend approval to the City Council on Item 7, PP 02-018, request for Preliminary Plat approval of 39 building lots and 10 other lots on 7.30 acres in a proposed R-8 zone for the proposed Tully Cove Subdivision by Ted Mason. It is west of North Linder Road and south of West Ustick Road and -- with a time out here. The acreage doesn't total up. In the annexation and zoning, we have 7.66 acres and in the Preliminary Plat agenda, we have 7.30: Freckleton: Mr. Chairman, Members of the Commission, the reason for that is because the legal description for annexation and zoning includes adjacent right of way. Centers: Okay. Freckleton: The legal description for a plat is exclusive of the right of way. Centers: Okay. Thank you. Continuing on and recommend approval of the aforementioned, including all staff comments and, in addition, the Final Plat would have wording across Lots 11 and 12 noting to potential buyers that the Settler's Irrigation District requires access through their property or would require access through their property should they need to go in and maintain the pipe and canal. End of motion. Zaremba: Second. Borup: Motion and second. Any discussion? All in favor? Any opposed? MOTION CARRIED: ALL AYES Item 8. Public Hearing: CUP 02-025 Request for a Conditional Use Permit for a wireless communications facility consisting of a 125 foot monopole and supporting equipment in an I-L zone for Verizon Wireless by Mericom Corporation - 3735 North Ten Mile Road: Borup: Thank you. Item Number 8, Public Hearing CUP 02-025, a request for Conditional U se P ermit for a wireless communication facility consisting of a 1 25 foot monopole and supporting equipment in an I-L zone for Verizon Wireless by Mericom Corporation at 3735 North Ten Mile Road. We would like to open this Public Hearing and start with the staff report. McKinnon: Thank you, Mr. Chairman, Members of the Commission. Again to the overhead. The site that we are going to be discussing tonight for a new cell tower is located adjacent to the City's Wastewater Treatment Plant, the highlighted portion of the map in front of you. The bolded area is the Ten Mile Mini Storage area and that's where the proposed cell tower would go. The proposed cell tower would be approximately 650 feet to the west of Ten Mile Road. Here is a picture of the site. Currently on the site Ten Mile Mini Storage is constructed to this point. It's about 600 and some odd feet back from Ten Mile. The proposed cell towerwould be located adjacent to -- a few