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HomeMy WebLinkAboutJuly 19, 2007 P&Z Minutes Meridian Planning & Zoning July 19, 2007 Page 75 of 83 the Pinebridge development for the sole purpose of continuing these items to the regularly scheduled meeting of August 16, 2007. Siddoway: So moved. Moe: Second. Rohm: It's been moved and seconded to continue Items AZ 07-006, RZ 07-010, and PP 07-008 to the regularly scheduled meeting of August 16th, 2007. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: ALL AYES. Newton-Huckabay: Do we anticipate finally hearing this on August 16th? Hood: Mr. Chair, Members of the Commission, I spoke with Lori Den Hartog today, the planning review supervisor over there. She was hoping to have August 1 st as their hearing at ACHD. That didn't work out. She talked with Dan Torpin. August 8th is now an official hearing date at ACHD. You know, if their Commission doesn't take action, you know, I can't guarantee it, but at least there is a hearing date scheduled for it there and that gives us a week to kind of digest that and incorporate it into the staff report. Newton-Huckabay: Thank you. Item 13: Continued Public Hearing from June 7,2007: PP 07-006 Request for Preliminary Plat approval of 7 single family residential building lots and 2 common area lots on 1.96 acres in an R-4 zone for Moose Creek Subdivision by Moose Creek Construction - 4275 N. Jones Creek Lane: Rohm: At this time I'd like to open the continued Public Hearing from June 7th, 2007, of Item No. PP 07-006 related to the Moose Creek Subdivision and begin with the staff report. Hess: Thank you, Mr. Chairman, Members of the Commission. The application before you is the Moose Creek Subdivision. The applicant has requested preliminary plat approval of six single family residential lots and one common lot on 1.96 acres within the R-4 zoning district, as you can see on the Powerpoint presentation. It's this property right here. Moose Creek is generally located south of Cherry Lane and east of Black Cat Road. The site is currently vacant. To the east there is the existing Cherrywood Village Subdivision, zoned R-8. To the north is Golf View Estates Subdivision, several phases up there, zone R-4. South and west are still within Ada County, as you can see. Now, a little bit of history on the project. Prior to submittal of the application to planning, the applicant and staff and ACHD held a meeting to discuss the development potential of the subject site, as the site is encumbered by a private street easement, as you can see. The easement provides sole access to Cherry Lane for the parcel to the south, this piece down here. Back on the zoning map. It's a one acre piece. So, the Meridian Planning & Zoning July 19. 2007 Page 76 of 83 easement provides sole access for that parcel and the neighbor had been adamant about maintaining that private street access. At the time of the meeting the applicant proposed a plat where some of the building lots utilized the private lane. And that would have been this one and these two here, they would have had a shared driveway that would have come out onto the private lane. However, after submittal staff received a report from ACHD prohibiting further usage of the private lane onto Cherry. This prompted continuance of the P&Z hearing originally scheduled for April 19th, so as to obtain a final decision from ACHD's commission. The commission denied further use of the private street to access Cherry as well. So, ACHD's decision necessitated negotiations with the neighbor to the south to relinquish the easement and private street, which runs across the Moose Creek property, as it appears that without vacation of the easement further development of the site is just not feasible. Negotiations are still ongoing. However, planning staff has received a letter from the neighbor which demonstrates their intent to terminate rights to the access easement and private street. Staff has conditioned the report in that the city will not grant final plat approval until such time that that occurs. Now, this is the revised plan that the applicant submitted and as you can see it proposes the six single family building lots on a public street, which will also front the neighbor's property and will facilitate further development in the future should they decide to do that. And a snoopy cul-de-sac type access for all of the lots within this development. All of these lots will take access onto the street and out to Summertree to Cherry. Let's see. Now, the Commission and the applicant should note that the city cannot guarantee all of the neighbors' requests that were outlined in this letter that we received, nor can they be included as items listed on the final plat. Let's see. The main issue, which is actually quite small, is that these two lots here, as you can see, double front two streets, so staff has put a condition of approval in the report that a small landscaping buffer be installed along Summertree to mitigate this issue. Other than that, staff has another -- no concerns with the applicant's request and is recommending approval of the project. That's all staff has, unless you have questions. Rohm: Thank you very much. Any questions of staff? Siddoway: Mr. Chairman. Amanda, this strip that's shown along here, is that the landscape buffer or is that additional right of way that's being required? Hess: Mr. Chair, Members of the Commission, it's the latter. It's additional right of way that ACHD is requiring, yes. Siddoway: That's what I thought. Hess: So, that five feet or additional buffer that I'm requiring be inside of that. Siddoway: And that -- even with that off, the lot sizes would still be in compliance with the size regulations? Meridian Planning & Zoning July 19, 2007 Page 77 of 83 Hess: I'm not quite sure if that would be the case, but it would be very close and I'm sure that with a little bit of wiggle room with the lot lines that that could still be accomplished to meet our 8,000 square foot minimum. Siddoway: That's all. Thank you. Rohm: Would the applicant like to come forward, please. Whitehead: Mr. Chairman, Members of the Commission, hello and good evening. For the record, my name is Sabrina Whitehead and I am here on behalf of Moose Creek Construction and Briggs Engineering. My business address is 1800 West Overland Road, Boise, Idaho. 83705. And as noted by Amanda this evening, we are asking for preliminary plat approval of six build-able residential single family lots and one common lot and which consists of 1.96 acres currently zoned at R-4. Now, as stated, we have a long history with the site and it looks very familiar and the reason why it looks familiar is because it was before you last October. Unfortunately, we were not able to come to an agreement with the neighbor to the south at that time, so we withdraw our application. We tried to come up with some innovative solutions that just didn't work. It's been an ongoing process. But I am very excited to say that this evening we are in negotiations with that property owner of the south, Mrs. Terry Jones, and we have had a preliminary agreement per my client and Mrs. Jones. Now, a letter dated July 19th of this year from Terry Jones outlines the agreement between my client and herself. While the majority of the issues are civil issues that their attorneys need to hammer out to get that easement vacated, as noted by Amanda, as per Public Works, a condition that is number 2.7 states that prior to the signing of the final plat the applicant shall submit documentation that the private drive easement located on Lot 2, Block 1, will be vacated. This condition is to insure the City of Meridian that, indeed, the easement will be vacated prior to the recording of the final plat. As noted, there is just a few things I just want to highlight and I'm going to keep it short, I know it's been long. With the six residential lots we are proposing, all streets will be public, Jones Creek and Wilson Creek. There is going to be a six foot privacy vinyl fence surrounding the perimeter of the property. I know that was kind of one of the issues in the staff report that I need to address. This site also meets City of Meridian's requirements by limiting access from a major arterial Cherry Road for the future redevelopment, stubbing Jones Creek from the west and the south of our property. As for the comments from the sewer department concerning the out parcel, which is this property right here, the developer Moose Creek Construction will be providing -- connect sewer -- excuse me -- city services connections, as well as any assessments that will be acquired at that time. We will also be having a pressurized irrigation system. This pump house will be located on the Jones' property and a landscape berm down in this area. This pump house will be owned and maintained by the HOA of Moose Creek Subdivision, as well as the Joneses, since they will be using a portion of it. That, again, will have to be delineated between the attorneys at that time as far as agreements. Overall, just to summarize, we feel this is a quality in-fill project. We have had numerous numerous bumps in the roads, but, hopefully, at last we are kind of at the end of our long journey and with that I Meridian Planning & Zoning July 19, 2007 Page 78 of 83 will thank you for your time and consideration and I will stand for any questions that you may have. Rohm: Thank you very much. Any questions of this applicant? Newton-Huckabay: I have none. Whitehead: Thank you. Rohm: Is there anyone else that would like to testify to this application? Excuse me. Terry Jones. I wondered what you were standing back there for. Jones: I couldn't sit anymore. I sat all day at the county job that I work at at Ada County sheriff. I'm Terry Jones and I reside in Meridian, 1490 North Jones Creek, and we are the two and a half acres that sit behind the proposed 1.49 I think it is. Nine four. Two acres. Anyway, the negotiations that have been going on in that -- when this subdivision was first proposed, it was never brought to our attention that this was going to be vacated. In fact, we weren't even approached and that's what has taken so long, is that everything was submitted without us even knowing what was happening. So, we have since sat down with Mr. Loosli and with Sabrina and we put together a letter and we do need to get with our attorneys, because, as they said, it is civil, and we won't be vacating this easement until the contingencies to what we are asking to be done for us to give up our private road, that was built at our expense and will be -- the subdivision will be impacting us, because we are giving up the private lane, so -- and that's all I have to say. So, at this point we will be getting with the attorneys to get this in a legal form, but we were asked to have a letter prepared for tonight, so that's what was submitted. So, that's it. Thank you. Rohm: Thank you. Is there anyone else that would like to speak to this application? Siddoway: Mr. Chairman, I move we close the Public Hearing on PP 07-006. Newton-Huckabay: Second. Rohm: It's been moved and seconded to close the Public Hearing on PP 07-006. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: ALL AYES. Siddoway: Discussion? Rohm: Discussion. Siddoway: Mr. Baird, is there any legal reason why we can't approve a preliminary plat with a condition that final plat will not be approved until the easement vacation has been obtained? Meridian Planning & Zoning July 19, 2007 Page 79 of 83 Baird: Mr. Chair, Members of the Commission and Commissioner Siddoway, we don't care how they get there, we just want them to get there. So, that condition is fine as proposed. Siddoway: And, then, Amanda, the six foot vinyl fencing that was brought up tonight, is that addressed in the staff report or should we add that to a condition of approval? Hess: Mr. Chair, Members of the Commission, staff would like you to add that as a condition in the staff report. Siddoway: That's alii have. Newton-Huckabay: I have nothing. Mae: I have nothing further. Rohm: It sounds like Mr. Siddoway is on a roll to make another motion here. Siddoway: All right. I'm on the motion roll tonight. Mr. Chairman, after considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number PP 07-006 as presented in the staff report for the hearing date of July 19th, 2007, with one addition, that the -- there be a requirement to do perimeter fencing that is six foot vinyl around the perimeter of the subdivision. End of motion. Newton-Huckabay: Second. Rohm: It's been moved and seconded to forward onto City Council recommending approval of 07-006, to include the staff report, with the aforementioned modifications. All those in favor say aye. Opposed same sign? Motion carries. MOTION CARRIED: ALL AYES. Item 14: Continued Public Hearing from July 5,2007: CUP 07-012 Request for Conditional Use Permit to allow a 200 square foot canvas carport in the 0- T zone for Kelley Carport Revised by Larry and Judy Kelley - 403 East Second Street: Rohm: Thank you both for coming in and thanks for spending your evening with us. At this time I'd like to open the continued Public Hearing from July 5th, 2007, of CUP 07- 012, related to the Kelley Carport Revised and begin with the staff report. Hood: Thank you, Mr. Chair, Members of the Commission. I am actually presenting tonight for Jenny Veatch, she composed the staff report. She's at a conference this week. This is a continued item. However, this is the first time that this specific Conditional Use Permit has been heard by the Commission. It's been continued once