Loading...
HomeMy WebLinkAboutFebruary 6, 2003 Meridian Planning and Zoning Commission Meeting February 6, 2003 Page 34 of 106 Centers: Moving on I would recommend approval on Item 9, PP 02-030, request for Preliminary Plat approval of 125 building lots and 13 other lots on 39.92 acres in a proposed R-8 zone for the proposed Watersong Estates by Howell-Murdoch Development Corp. Northwest corner of North Linder Road and West Ustick Road, meaning the plat dated February 6, 2003, including all staff comments and as amended. Under additional considerations on Page 6, Item 1 that would be merged to the site- specific comments. Page 7, Item 4, would be merged to site-specific comments. Item 5 merge to site-specific comments. Item Number 9 merge to site-specific comments. Then, all other comments related to the Preliminary Plat dated February 6, 2003 included. Additionally, on Page 9, Item 14 would be added pave the short pathway at the north boundary at the White Drain, which would be a dual use slash Public Works access. End of motion. Zaremba: Second. Borup: Motion and second. Any discussion? All in favor? Anyopposed? Thank you. MOTION CARRIED: ALL AYES Item 10. Public Hearing: CUP 02-047 Request for a Conditional Use Permit for a Planned Unit Development to include adding a new 4 classroom seminary to back of existing site in an R-8 zone for Mountain View Senior Seminary by Lystrup/Jensen Architects - south of East Overland Road and east of South Locust Grove Road: Borup: Item Number 10 Public Hearing CUP 02-047, request for a Conditional Use Permit for a Planned Unit Development to include adding a new four classroom seminary to the back of an existing site already zoned for Mountain View Senior Seminary. I'd like to open this Public Hearing and start with the staff report. Kirkpatrick: Hi I'm Wendy Kirkpatrick, new planner here with the City of Meridian. Borup: Okay. Welcome. Kirkpatrick: This is a request for a Conditional Use Permit to allow the construction and operation of a four classroom seminary located at.. Borup: Can everyone hear okay? Maybe just a little bit -- Kirkpatrick: Then I can't read my report. The subject property is located at the Overland and Locust Grove LDS church. It's adjacent to the Mountain View High School that is being constructed now. The applicant is Lystrup/Jensen Architects. The property owner is the LDS church. The seminary building will consist of.- will be 5,476 square feet in size and it will contain four classrooms. The existing parking lot will be increased by 65 spaces. This is being permitted as a Planned Development. That's why it's here this evening. Oh and, actually, the only reason this is here at the hearing this evening is because a single lot is going to be - when the seminary is constructed will have two buildings and that requires them to come to hearing as a Planned Meridian Planning and Zoning Commission Meeting February 6, 2003 Page 35 of 106 Development. There has been no opposition to this project. The submitted Landscaping Plan will be revised and we are asking for the following revisions. We are asking for two landscaping islands to be added to the eastern row of parking spaces in the proposed parking lot expansion. We have some additional landscaping that we want to have added to it so that it comes into compliance with the Landscaping Plans that we have in 0 ur 0 rdinance today. We are a Iso a sking that handicapped parking spaces be added near the front entrance of the seminary building and, actually, the applicant has submitted a revised plat and shows where these two handicapped spaces will be. We are also - we also ask for the applicant to depict, which they have in this revised plat, where their connection will be to Mountain View Senior High School. The applicant is still, I believe, solidifying the easement that will allow that access between the seminary and the high school across that drain. Are there any questions of staff? Centers: Yes is there going to be an easement that the school district is going to grant or -- Kirkpatrick: Yes. Centers: Because you mentioned an easement. Kirkpatrick: Our application speaks to that. I believe it's in process. Centers: Okay. Kirkpatrick: It is proposed, but it's not -- the contract has not been drawn up. Borup: Any other questions? Zaremba: Yes. On other churches that have brought something before us that was going to change their existing conditions, we have also asked them to rezone to L-O. Should we be doing that here? Siddoway: Churches are allowed in an R-8 zone with a Conditional Use Permit. This one is currently zoned R-8 and they did receive a Conditional Use Permit in the county, which the city agreed to acknowledge when it was annexed. The reason why the city staff requested that they annex as R-8 at that point is because the Comprehensive Plan showed it as single-family residential. They -- unlike the others which we have seen, which have been a rezoning from R-4 to L-O, because they are a nonconforming use, this one is not considered a nonconforming use, because the ordinance does allow for a church in the R-8 zone with a Conditional Use Permit. Zaremba: Thank you. Borup: Any other questions, Commissioners? Would the applicant like to make their presentation? I guess in this case anything additional you'd like to add? Jensen: Hal Jensen, Lystrup/Jensen Architects, Pocatello. Chairman, Members of the Commission, thank you for your time and consideration. I have a couple of items. I Meridian Planning and Zoning Commission Meeting February 6. 2003 Page 36 of 106 don't know personally if there was actually an agreement made for an easement. However, there have been monies exchanged toward construction of the sidewalk and on the 2nd of May of 2002 there was an agreement and monies exchanged for the tiling of the Hunter Lateral, as well as the construction of the sidewalk on the school district properly. I still need to do some investigation to find out if the easement is actually required based upon the previous conversations between the owner and the school district or if the monies satisfy the parties involved. Borup: So, there is a written agreement with the school district, though? Jensen: Yes. Borup: Okay. Jensen: We don't have any problems bringing any of these requests into compliance. There is one -- two -- there are two items that based upon staff report that came from the Fire Department that I would like to at least have as open discussion, because I am -- I question the verbiage. From Joseph Silva, Deputy Chief, fire prevention. Item Number 1 the project shall have a fire flow as required by the Uniform Fire Code for four 4-plex buildings. This is estimated to be a fire flow of 1,750. That's relative to the Fire Code, in my experience, I question whether or not we are building four 4-plexes here. That one I would like to have open as discussion. Borup: I'm assuming that was a typo, probably carrying over from a previous letter he had in his computer. Does that sound reasonable, Mr. Siddoway? Siddoway: Yes. Jensen: I just want to make a note of that and, then, I also question the 20-foot wide fire lane completely around the project. In light of the fact that the building in and of itself is not much larger than a residence, in the Fire Code it states that you shall have X number of feet from a hydrant to be able to drag a hose either from a truck or from a hydrant to access all sides. We can reply with that and I want to have that as a topic of discussion with Mr. Silva as well. Other than that, we are in compliance. We don't have any problems with any of the requests relative to landscape, et cetera. Borup: Okay. Are there any questions from the Commission? Zaremba: This probably relates to the sidewalk connecting to the school. There is a letter from Nampa-Meridian that would indicate that they don't want you to do that without getting approval from them. Are you working on that? Jensen: When you say Nampa-Meridian -- Zaremba: Irrigation District. Mendlan Planning and Zoning Commission Meeting February 6, 2003 Page 37 of 106 Jensen: Correct and they have been in the discussions previously relative to the tiling, et cetera, and they were aware of the crossing of a future sidewalk, et cetera, and they are in the discussions. Zaremba: Okay. Jensen: I would have to go back and find out who originally was in the discussion. Bill Henson is not a name that's familiar to me based upon conversations of a year, as well as two years ago when the church was first being constructed. We came in for those conversations about what we were going to eventually do with the Hunter Lateral, so -- Zaremba: He's saying that they need to see approved plans and a signed License Agreement. You're willing to work toward that? Jensen: Oh, easy. Yes. Those discussions have been started and where they are at to this point I don't know. Borup: And the License Agreement would be a normal procedure. Jensen: Yes and these conversations, once again, started with a different jurisdiction, being the county, so we will follow that through. As luck would have it, Wendy worked with us, I believe, on the church and she has an intimate knowledge of some of the other items that went on in that regard. Centers: And you would be fine with complying with the City of Meridian's Fire Department requirements. I think that 20-foot wide fire lane -- I have seen that around - - I mean on numerous projects and I can see what you're saying, you're not going to be able to get around the building there. Jensen: Correct. Centers: And I think -- Jensen: It's one where we needed to just know that we have the opportunity to have discussion with them, like this isn't so etched in stone that we can't come to a common agreement there. Centers: Right. Borup: And, Steve, do you have a comment on -- do you think that was intended for this application or -- Siddoway: I don't. What I would suggest is that maybe the Commission could just put in their recommendation that the Fire Marshal or the Fire Chief address those two issues when this goes to Council, because they can solidify it one way or the other, then. Centers: Yes. MeridIan Planning and Zoning Commisslon Meeting February 6, 2003 Page 38 of 106 Borup: That's what I was wondering, if this was a carryover from another -. from another application or something. Jensen: One item that I will bring up, where we note the approaches from the existing parking to the new parking lot on the ingress and egress, we, perhaps, may be slightly narrow and may have a problem with the turning radii. We may need to pull back a couple of more spaces and increase the width of the opening, so that as a truck comes in and needed to pull -- and we just .- right now in the preliminary stages of the site development. If that is something the district - or the Fire Department requests, so be it, we can take care of those items. Zaremba: I think their standard request is 25-foot inside radius and 28-foot outside radius or something like that. Jensen: Correct. Zaremba: You're saying if your solution is you need to remove a space and widen that driveway -. Jensen: That's correct. Zaremba: .- to do that? Jensen: On either end. Not a problem. Zaremba: Yes. Centers: I have one last question. Since this pathway is going to come from the Meridian School District property, you're not going to limit its use to any specific student, are you? Jensen: No. Centers: So anyone will be able to go through there and go over to Locust Grove? Jensen: That is correct. Centers: Good. Glad to hear that. Jensen: An item .to consider real quickly -- and there is one of the adjacent property owners that approached me prior to the meeting. We will be extending the fences along the south of the -- the south line of the properly where it crosses the Hunter Lateral. We initially tonight started the conversation of providing them a gate, so they have access to their -- to their point of beginning on their access for irrigation and so we would need to have a gate that was accessible on the church side, because that's where the box will be located, and give -- let those properly owners amongst themselves purchase a lock and distribute keys, so that they have access to it. That way we don't have the students Meridian Planning and Zoning CommissIon Meeting February a, 2003 Page 39 of 10a crossing back and forth, but those neighbors that need to have access have it. That's not a problem. The only item that we will work to discourage will be the church parking lot as a high school student parking lot and access back and forth through that and that will just be an ongoing issue, that once students figure things out, they use them, so we will have to work closely on that particular item. Centers: Every project that the LDS puts in is a class act, in my opinion. I think it's evident that you have continued that, so -- Jensen: Okay. Anything else? If not, thank you. Borup: Thank you. Do we have anyone else to testify on this application? Come forward, please. Schmidt: Mr. Chairman, Members of the Commission, thank you. My name is Richard Schmidt. I live at 1770 Charlais Drive, which is on the wall now. Could I use your laser, please? Directing your attention to the southern boundary of the entire church application, I have to agree with Commissioner Centers, I was in that lot and that's lots one, two and three and the church has been a wonderful neighbor ever since they moved in and I will be the first to say if they weren't. The Hunter Lateral is now underground and it follows that line out to Overland Road and goes somewhere. In order to get water into this subdivision, the Hunter Lateral enters there, there is a point of diversion there. It goes along that line through this gentleman's properly on lot three and it goes under a cyclone fence, which has been there for 20 years, onto the LDS property a nd their point 0 f diversion for their purposes is there. Right at that corner where the dot is now, there is a point of diversion that serves lots three, two, and one and it flows westerly a nd, then, continues off this man's property through a common area and waters mature pine trees there. The church intends to extend the fence line all along to that corner. Right now there is a gate there and that's the historic entry to the point of diversion for at least 20 years, perhaps more like 24. If they don't put a gate there, these property owners are locked out of their point of diversion and so I'm simply saying that they have agreed to install a simple gate there, so we can access our point of diversion and get the water down through those lots and into the common area. The only other thing I would like to say, I realize this is a different question than the original installation of the church itself on the other end, but it's the same organization. Our water flows westerly all through the common area and exhausts into a ditch there, runs under the road and into a drain ditch that looks like that. When the church installed this fence line, they piled dirt back up and our water could no longer exhaust onto that ditch and go under the road. It needs to be redone a little bit from where they left the dirt. Right now, our water comes down, after it waters the trees, they raised the soil level, it floods the street, and they need to clean that up a little. That's -- that may not be for this issue, but the folks are here. I'm here to speak in favor -- highly in favor of the granting of this application and if they will give us that gate, we can continue our decades long water and be very happy. Centers: Is this shovel work or backhoe work? Schmidt: Oh, shovel work. Mendian Planning end Zoning Commission Meeting February 6, 2003 Pege 40 01106 Centers: How did you get through last season? That church has been there for two years. Schmidt: Because what happens is the fellow in lot one, he didn't want to go out and shovel it out himself and we never talked about it, so he lets the water in long enough to water the trees and, then, he just turns it off, but the drainage easement does go all the way down into that waste canal and goes under the road and there might be a time in the future where that might be of some use. For instance, if he turns on his water and, then, forgets about it, it floods, it won't drain so you know, you would want to have that option to have the historic -- Centers: What Irrigation District is that? Schmidt: I believe we are talking Nampa-Meridian. Centers: Well, I think that the ditch rider should be aware of that. Schmidt: He should be aware of that. Okay. Centers: And these property owners should take care of it. Schmidt: No objection to that. I'm here to speak for the gate. If they will do that, we will be real happy. I don't know if you need to put it in as a condition of the -- Borup: We can do that. We can add that in as a condition. Schmidt: I would ask that you add that in and the gate goes in and we will do the lock and the whole thing -- Borup: Mr. Schmidt, you'd like a three-foot walk-through gate that would be lockable? Schmidt: Three foot. Borup: Something that size? Schmidt: That's fine. Centers: Well -- and the applicant had mentioned they were going to do that, Mr. Schmidt. Schmidt: Right. I just ask that it be made a -- Borup: Make sure it's going to -- Zaremba: Put in writing. Schmidt: Okay. Thank you very much. MerIdian PlannIng and Zoning CommIssion MeetIng February 6, 2003 Page 41 of 106 Borup: Do we have anyone else? Okay. Any final comments, Mr. Jensen? Would you be open to maybe talking to the church to look into that drainage area? That might be a project for some young men to do sometime or something. Zaremba: The applicant responded yes. Borup: Okay. Commissioners? Zaremba: Mr. Chairman, I move the Public Hearing on Item 10 be closed. Centers: Second. Borup: Motion and second. All in favor? Anyopposed? Thank you. MOTION CARRIED: ALL AYES Borup: Do we need any discussion or are we ready for a motion? I think it's pretty straight forward. Okay. Zaremba: Mr. Chairman, I move we forward to the City Council recommending approval of Item 10 on our agenda, CUP 02-047, request for a Conditional Use Permit for a Planned Unit Development to include adding a new four classroom seminary to the back of an existing site in an R-8 zone for Mountain View Senior Seminary by Lystrup/Jensen Architects. South of East Overland Road and east of South Locust Grove Road, the CUP application to be using the applicant's latest drawing, which was received by the City Clerk on the 5th of February. To include all staff comments of the staff memo of February 6, 2002, and with the additional requirement that at the southeast corner of this project a gate be required that will allow neighboring homeowners to access their water delivery point. Centers: Do you want to address the Fire Department letter? Zaremba: And that applicant will work with the Fire Department to assure that there is satisfaction on the Fire Department that they have access where they need it. Borup: And that this is not four 4-plexes. Zaremba: Right. Centers: Yes I think the applicant just wanted an open discussion available regarding those Comments Number 1 and 7 to be open for discussion with the Fire Chief. Borup: Okay thank you any other - okay. We have a motion. Do we have a second? Centers: Second. Rohm: I'll second that. Meridian Pianning and Zoning Commission Meeting February 6. 2003 Page 42 of 106 Borup: Motion and second. Any discussion? All in favor? Anyopposed? Thank you. MOTION CARRIED: ALL AYES Borup: Okay. Commissioners, would we like to go ahead with the next hearing or would you like a break at this time? Any comment on that? Would you like a short break right now? Zaremba: Sure. Centers: Second. Borup: Okay. We will have a short break at this time. (Recess) Item 11. Public Hearing: AZ 02.()31 Request for annexation and zoning of 39.05 acres from RUT to R-8 zones for proposed Castlebrook Subdivision No. 2 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: Public Hearing: PP 02.()32 Request for Preliminary Plat approval of 148 building lots and 9 other lots on 39.05 acres in a proposed R-8 zone for proposed Castlebrook Subdivision No.2 by Crestline Development, LLC - 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane: Item 12. Borup: Okay. We'd like to reconvene our Public Hearings this evening. Start with Item Numbers 11 and 12, Public Hearing AZ 02-031, request for annexation and zoning of 39.05 acres from RUT to R-8 zones for the proposed Castlebrook Subdivision No.2 by Crestline Development. It's on 4000 West Pine Avenue. Public Hearing PP 02-032, request for Preliminary Plat approval of 148 building lots and nine other lots on the same project. This is a project we do not have the staff comments on. I understand that you have preliminary draft comments, so we are not sure how much we are going to be able to -- I guess, Mr. Siddoway, we will leave it to you to -- whatever extent you can do on the staff report. Siddoway: Thank you, Mr. Chairman. I can give you a brief overview. Castlebrook Subdivision is just over 39 acres. They are requesting annexation to go from RUT to R- 8 zoning in the city. You recently saw Castlebrook No.1 Subdivision adjacent to it. This would be a continuation of t hat previous development. You can see the aerial photo. It's currently undeveloped agricultural land. This is a rendering of the proposed plat that has been submitted to our office and should be in your packets. It does include 148 building lots and nine other Jots. This is their Landscape Plan, the larger open space feature in the center, and Ten Mile Creek coursing along the north property. The only staff - report you received at this time is dated February 6th, which, basically, requests that it be tabled. 1ft here a re members of t he public here who are here to