HomeMy WebLinkAboutNovember 15, 2007 P&Z MinutesMeridian Planning & Zoning Commission
November 15, 2007
Page 51 of 60
Parsons: Also when I researched these other parcels for what we had approved, that
the -- excuse me -- the street that they are proposing here will connect in the future with
those preapproved --
Newton-Huckabay: Oh, excellent.
Parsons: Already approved subdivision.
Newton-Huckabay: Thanks, Bill. There is not anybody that is signed up to speak to this
application., but if anyone would like to, now is that time to come forward. It doesn't look
like we have anyone that has any objections. This is good. Could I get a motion to
close the Public Hearing?
Moe.: So moved.
Newton-Huckabay: Second.
Rohm: It's been moved and seconded to close the Public Hearing on AZ 07-013 and
PP 07-017. All those in favor say aye. Opposed same sign? Motion carried.
MOTION CARRIED: FOUR AYES. ONE ABSENT.
Rohm: Boy. Commissioner Newton-Huckabay, would you like to make the motion?
Newton-Huckabay: Sure. After considering all staff, application, and public testimony, I
move to recommend approval to the City Council of file numbers AZ 07-013 and PP 07-
017, as presented in the staff report for the hearing date of October 18, 2007, with no
modifications.
Moe: Second.
Rohm: It's been moved and seconded to forward onto City Council recommending
approval of AZ 07-013 and PP 07-017, to include the staff report with no modifications.
All those in favor say aye. Opposed same sign? Motion carried. Thanks for coming in.
MOTION CARRIED: FOUR AYES. ONE ABSENT.
Item 13: Public Hearing: AZ 07-017 Request for Annexation and Zoning of 40.4
acres from RUT to C-C zone (21.3 acres), R-8 zone (6.27 acres) and R-2
(12.87 acres) for Three Corners by David Dean - 6380 N. Locust Grove
Road:
Meridian Planning & Zoning Commission
November Y5, 2007
Page 52 of 60
Item 14: Public Hearing,: PP 07-021 Request for Preliminary Plat approval of 54
lots including: 33 residential lots, 11 commercial lots and 10 common lots
on 40.4 acres in the proposed C-C, R-8 and R-2 zoning districts for Three
Corners by David Dean - 6380 N. Locust Grove Road:
Rohm: Last item on our agenda tonight. At this time I'd like to open the Public Hearing
on AZ 07-017 and PP 07-021 and both related to Three Corners and begin with the staff
report.
Parsons: Thank you, Mr. Chairman, Members of the Commission. The applications
before you are an annexation and zoning of 40.4 acres to a community business -- C-C
community business district, R-8, medium density residential, and R-2, low density
residential and preliminary plat approval of 54 lots, consisting of 33 residential lots, 11
commercial lots, and ten common lots for the Three Corners project. The site is located
on the southeast corner of Chinden Boulevard and North Locust Grove. The property is
bordered on the north by Banbury Subdivision, zoned R-1-P, city of Eagle, which is
located north here. To the east -- excuse me. To the south is the Dunwoody
Subdivision, zoned RUT, Ada County. To the west is a church site and Central
Academy High School, zoned RUT, Ada County, and R-4 here. And to the east is the
Fuller Ranchette Subdivision, zoned R-1, Ada County. On November -- oh. Currently
there is an existing barn on the site that the applicant is proposing to retain. Because
the existing barn is considered an accessory structure and it's not accompanied by a
main living structure, it should be removed prior the city engineer's signature on the final
plat. It's kind of hard to see on the aerial, but you can kind of make out the existing barn
on the site. On November 1st, 2007, the Planning and Zoning Commission
recommended approval of the Comprehensive Plan amendment for this property to
change the future land use designation from medium density residential to mixed use
community. Staff is hoping that this application will catch up with that Comprehensive
Plan amendment, so City Council can review the project as a whole concurrently when
this -- if this gets forwarded for a recommendation of approval. The applicant is
requesting approval of 54 lots consisting of 33 residential lots, 11 commercial lots,
including a private school site and ten common lots. In addition to the preliminary plat,
the applicant has submitted a conceptual site plan of how this site may be developed
with a mix of retail and office uses, a private school, patio homes, and three-quarter
acre estate lots. The site is expected to develop with office and retail uses, with total
square footages between 40,000 and 80,000 square feet along Chinden Boulevard and
a private K-12 school adjacent to Locust Grove Road is expected to have an enrollment
of 300 students. The proposed residential portion of the development will transition
from higher density residential patio homes located internally, to three-quarter acres
estate lots adjacent to existing county subdivisions located along the southern and
eastern property boundaries. The applicant is proposing one full access driveway to
Locust Grove from the school site and one public access for the remainder of the
development. There are a total of three public roads. One street provides full access to
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November 45, 2007
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Locust Grove into the proposed development and provides internal connectivity with the
proposed commercial and residential developments and is stubbed in the southeast
corner for future connectivity. The other two public streets are looped -- are a loop
roadway providing access to the patio homes and a cul-de-sac roadway to additional
estate lots. The applicant has not proposed access to Chinden Boulevard with this
application. So, here is where the applicant's proposing the school site. Here is where
you'll have your commercial along Chinden Boulevard. Patio homes. Access to the
school site will be here. And, then., access to the development will be here. With
adding the access for connectivity to the residential and the commercial portion of the
project. Here is the other private street with the cul-de-sac and, then, this is stubbed for
future connectivity. The parcel to the southeast there comes in for development. The
applicant has provided several amenities for the site. The concept plan shows an
entryway feature into the development and multi-use pathway around the perimeter and
internal to the site. A pond, landscape street medians, tot lot, abundant grassy open
space, and picnic shelters with barbecues for future residents. Staff is generally
supportive of these amenities and is requiring such a provision in the DA. Staff believes
that the applicant has done a great job providing amenities to this development.
However, a central plaza with seating benches and a water feature should be required
within the commercial portion of the development along Chinden. So, here is where all
their amenities -- and I'll try to remember here if I can. This is where they are proposing
kind of the center medians here. This is the open space with the barbecue and picnic
area. Entryway feature in that median. Entryway feature there. Applicant's proposing
the pond here. The tot lot and open grassy area here. And, then, of course, you have
the pedestrian path -- multi-use pathway that goes around the entire site and runs
through the pafiio home development and also comes up through the estate lot
development into the -- providing excellent pedestrian connectivity into the
development. The applicant has provided 13 percent of landscape usable open space,
meeting the ten percent minimum required by code. With the above-mentioned
amenities and staffs recommendation of adding a plaza to the commercial portion of the
development, staff finds the applicant is in substantial compliance with the UDC. The
applicant is also proposing to phase the .project based on market demand. Phase one
is to include the development of the school site. Phase two will be the commercial
portion of the development. And phase three and four is to include the residential
portions of the proposed development. Staff is supportive of the phasing plan proposed
by the applicant. Again, here is how the school site is intended to develop. Here also is
proposing a phasing plan. So, this is what they are considering a phase 1A, which is
the initial school structure, school building, the 1 B being an addition to it. And, then, of
course, phase two here being a third addition to the school. Also parking lot for the area
and, then, here is where they are proposing their playground and their playing fields.
This is an existing Dunwoody Subdivision to the south of the site. The site is adjacent
to two entryway corridors. Code requires a 35 foot landscape buffer adjacent to
entryway corridors. The applicant has provided a 35 foot wide buffer along both Locust
Grove and Chinden Boulevard, but needs to include a ten foot multi-use pathway along
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November 1S, 2007
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the entire length of Chinden. Twenty-five foot wide buffers are also proposed to buffer
the existing and proposed residential uses from the commercial district. The applicant
is also proposing trees to be planted within the 25 foot sewer and irrigation easement
along the south and east side of the school site, here and here. City code requires any
additional -- requires an additional five foot buffer width where the buffer is encumbered
by easements or other restriction. An additional buffer -- five foot buffer should be
required to allow the planting of trees along the southern and eastern boundary of the
school site. The applicant has also requested alternative compliance to allow the center
median to serve as the required landscape adjacent to local streets. This request is
approved at the discretion of the planning director. So, if we were to go to the plat, it
indicates a 25 foot landscape easement here and here. The landscape plan does show
trees within that easement, so that's why staff has kind of conditioned them to add an
additional five feet and plant those trees outside of that easement. Also with this -- one
thing I didn't mention -- and I wanted to clarify -- is the applicant, as part of the
alternative compliance, they are doing these nine foot medians, but one thing they are
also having six foot landscaping here adjacent to the -- the commercial project and an
additional six to ten feet here. I think it's six feet. To buffer the residential as well from
the street noise. So, when you look at this site -- when you look at the total buffering
here between the commercial and the residential, it substantially exceeds what code
requires, which is 25 feet. So, that's why staff was supportive of the alternative
compliance. As stated earlier, there are 11 commercial lots, including the private school
lot proposed for this site. The applicant has submitted conceptual streetscape plans for
the commercial portion of the site and front elevations for the private school site, but
.does not call out building materials. The commercial buildings and the private school
for the proposed subdivision will require design review. So, here is kind of the
conceptual elevations that were provided to staff for the school site. I wish I could have
-- I wish we had a colored scanner, but we don't. There is -- so it looks like stucco and
some brick accents on it. Again, the city has -- city code requires -- there are certain
guidelines that we have that -- for buildings that are adjacent to entryway corridors and
those provisions have been incorporated into the DA -- development agreement for the
project. So, here we have the school site. Moving on. Here are kind of the conceptual
elevations for the office complex. Again, no building materials, but you can see -- it
looks like a composite roofing stone or brick accent, stucco, could be some wood
accents, too. I'll let the applicant kind of clarify that tonight. Front and rear building
elevations were submitted for the patio homes. Building permit -- building materials for
the proposed homes include a stucco, a fiber cement siding, concrete tile, or
architectural composition shingles and brick or stone accents painted in earth tone
colors. All residential buildings are -- on this site should substantially comply with the
above-mentioned residential building materials and colors in all commercial buildings,
including the private schools, should be subject to full compliance with future design
review and as a provision of the development agreement. So, here is -- here is what
they -- the applicant's provided the staff, kind of your front elevations and your rear
elevations. It's kind of a unique project that they are proposing. If I could just go up to
Meridian Planning 8 Zoning Commission
November 15, 2007
Page 55 of 60
the -- the plat really quick. The applicant wants to, basically -- we are going to require --
code -- the R-8 zoning requires that there is a five foot side setback and the applicant
wanted to kind of allow the house to sit on that, not having side setback requirements,
so -- they had originally requested a variance, but with this innovative idea we have had
-- we have done in the past, we have had the applicant, basically, face the houses
where the backyards would be along that five foot easement. So, it gives it an
appearance of there is no lot line and so that -- actually, the -- the person's patio home,
their backyard will actually be on the -- the adjacent lot -- on the side yard. So, it's kind
of a unique --anew -- not really a new concept, but kind of unique to this development.
So, I wanted to point that out to the Commission as well. And with that staff is
recommending approval -- recommending approval of this project and I stand for any
questions.
Rohm: Thank you, Bill. Questions of staff? Will the applicant --
Newton-Huckabay: Mr. Chair, I'm not really following what you're saying regarding the
side setback.
Hood: Mr. Chair, Members of the Commission, I'll try to explain, although it's hard
without having a diagram. Essentially, if you have got two lots that are side by side, like
Bill mentioned, our code would require each building be set back five feet off of the
property line. That's the case for this development. What they are going to do is
provide a five foot public use easement on the other side of the lot, in favor of the lot
owner on this side, creating a private patio, really, on someone else's property that goes
right up to the side of their house, but it creates their private patio on -- half of it on
someone else's property. And., then, that's reciprocated on the next lot over. So, there
their patio area is kind of screened by the side of someone's house. Now, there are not
any windows or anything like that at eye level on the house where your patio area is,
your barbecuing whatever, those types of things. So, the windows have to be up
higher, you know, so people aren't looking down on your kind of private space, but that's
the idea. The buildings are -- there is still separation between buildings, it's just your
yard there, your five foot setback, isn't really your setback, it's your neighbor's -- it's your
neighbor's yard and, then, again, that just kind of goes down the line and it's offset. So,
if you can kind of just forget that there is a lot line there, it looks pretty normal, other
than there is no separation between property line and the building, essentially. If it were
-- if the building were on the property line. It's a way, like B-ill mentioned., to get away
from a variance, a zero line setback -- zero side setback without doing a variance. It's
another way that we can just put that easement on the plat in favor of this lot for this guy
to use. Does that make sense? I wish I had a diagram and maybe the applicant does
have something that we can show, but --
Newton-Huckabay: That makes -- that makes sense. I understand it.
Meridian Planning & Zoning Commission
November 15, 2007
Page 56 of 60
Hood.: And your fence, then, wouldn't be on the property line. Your fence would be in
align with the -- any structure over there, so --
Newton-Huckabay: Uh-huh. Or the structure would be --
Hood: Sort of added the fence. Yes.
Newton-Huckabay: You can go on. Sorry.
Rohrn: Would the applicant like to come forward, please?
Mokwa: Mr. Chair, Members of the Commission, my name is Tim Mokwa with
Toothman-Orton Engineering, 9777 Chinden Boulevard, Boise, for the -- for the
applications, the owners, Dave and Luann Dean. I really don't have a lot to add beyond
what staff reports -- the staff has already reported on. I do have a couple of comments
I'd like to make on their request on the conditions. I don't know if you would like for me
to stand for questions first or go over which conditions I'd like to have a little bit of
modification to or request a little modification to.
Rohm: Let's go with that first.
Mokwa: I don't know if you all received a copy of the a-mail I sent to staff. That's it. So,
those are the conditions I'd like to -- and I can give you some additional explanation on
that. The first was condition 1.1.2. You know, we do show a water feature and it's
labeled as a water feature in this concept for this entry into the higher density R-8 area.
It may very well end up being a water feature. We don't know that at this time. We
prefer not to be quite that specific in our condition. We'd like to make it something that
works well with the other entry feature. Those issues aren't worked out at this time. It's
more of a final design. So, we plan on doing something .nice, obviously, above these
two entry points, so we'd just like to have a little more flexibility and not be quite that
specific with that water feature language in that. The second one Bill talked a little bit
about. One thing I would like to mention, you know, we are proposing this as a
boulevard, sort of a commercial street section with a boulevard, all the way up to this
last commercial lot in this area. At that point we transition down to more of a residential,
more narrow street. But even through here we are proposing detached sidewalks with
planter strip along both sides of the street. In this area here, in lieu of the ten foot -- I
guess you would call it the ten foot landscape buffer that's required in the -- in this zone
up next to the sidewalk, we are proposing this alternative compliance for the nine foot
median and our thinking was that the nine foot was a good trade off when you consider
that we have got -- and the city -- the city minimum is eight feet. We have got a six foot
strip between the sidewalk on either side of the road, plus the nine feet, plus we have a
ten foot common area lot along the backs of all of these lots, so they don't have double
frontage. So, they are backing up directly to this more commercial street. And the
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November 15, 2007
Page 57 offi0
reason for -- that this was important to the overall concept of the project was that the
goal for this commercial area through here, is that all of these lots be up close to the --
to the proposed six foot sidewalk on this boulevard and present more of a pedestrian
type -- urban pedestrian type look to this portion of the -- of the development. This
larger lot back here is intended to be a common area lot that will be in favor of all of the
other lots for ingress-egress and shared parking and utilities. So, you know, when you
consider that we have got six feet -- six foot planter strip, the nine foot island, a six foot
planter strip, and a ten foot common area lot down here, we feel like it more than makes
up for our alternative compliance request of the ten foot landscape buffer. And, then,
the last one is we would just request that this be something -- this is the -- the location
for the existing barn. We show that on a platted lot that's a lot of an area of .93 acres.
We would like to have some flexibility to keep that. You know, when staff showed our
proposed phasing plan and the school -- with the school being the first phase, the
proposed commercial being in the second phase, the R-8 area the third phase and the
R-4 area the final phase, one thing we know for sure, the schools the -- the first phase.
Some of the rest of this is going to be market driven, so we would like to have some
flexibility in what goes first and along with that, you know, this is a fairly new barn that
the owners have put up. They would like that to be able to remain until this portion of
the project goes. We don't know at this time when that phase would come up. If it does
come in the sequence that we have shown, you know, it could be several years for that.
The owners and the developers of this project, they live right down here and they
currently use that as an accessory structure to their -- to their home down here. So, you
know, if somehow that condition could be worded such that it could be something that's
worked out at either the development agreement or that -- you know, the city engineer
won't sign the final plat for which this barn is located in or this lot is located in -- you
know, we would be fine with that. We just don't want to -- we don't want to -- to have
the city engineer's signature on phase one of the final plat, which is the school help up,
because there is a barn on a lot here that's going to be platted in two years, so -- with
that I'd be happy to answer any questions that you have.
Rohm: Thank you. I think the first question I'd ask of staff, what -- how do you feel
about their proposal to leave the barn there until they get to that phase and at that time
remove it?
Parsons: Mr. Chairman, Members of the Commission, staff is fine with that. The barn
can exist there until they were to come in for a final plat for phase four or whatever
phase they would call that at that time. Then, the barn would have to be removed.
Rohm: Seems reasonable.
Moe: Mr. Chairman, along those same lines, Bill, in regards to the alternative
compliance in regards to the -- the planter area and whatnot, that can be worked out?
Meridian Planning 8 Zoning Commission
November 15, 2007
Page 58 of 60
Parsons: Yes. Staff is in agreement. We can change that. Change to nine foot wide,
rather than -- like the applicant said, it's -- code requires eight feet and they are
exceeding that, so that's acceptable.
Moe: And I guess the next question I'd ask, do you have a problem calling it an entry
feature, as opposed to a water feature?
Parsons: Yeah. Chairman -- Mr. Chairman, Members of the Commission -- yeah. No
issues. I mean if they -- if they do some kind of water feature up here like we are
proposing with the plaza, we are, essentially, getting the same thing. So, we are fine
with that.
Moe: Thank you.
Rohm: Thank you. John Gridley -- or -- and Patricia Gridley? Either one of you need to
speak -- want to speak? They are gone? Oh. All right. Oh, well, they are out of here.
There is nobody else that has signed up for this project, but now is the time to come
forward, if anyone would like to speak.
Newton-Huckabay: You sat here all night and you have nothing to say?
Mokwa: Mr. Chair, Members of the Commission, I do want to mention that we do have
some folks here with the school tonight and we also have the architect that's worked on
some of the renderings that you have looked at and I know those folks would be happy
if you have got any questions on -- on any of that.
Rohm: I think you have done a pretty good job presenting it. Thank you.
Mokwa: Thank you.
Rohm: I'm pretty happy with that presentation and -- both by staff and the applicant. Is
there any final comment from the balance of the Commission?
Moe: Mr. Chairman, I move that we close the public hearings on AZ 07-017, PP 07-
021,and the ALT 07-015.
O'Brien: Second.
Rohm: It's been moved and seconded to close the public hearings on AZ 07-017 and
PP 07-02'1. The third item was --
Moe: ALT.
Meridian Planning 8 Zoning Commission
November 15, 2007
Page 59 of 60
Rohm: Yeah. That one's not open, so it's been moved and seconded to close these
two public hearings. All those in favor say aye. Opposed same sign? Motion carried.
MOTION CARRIED: FOUR AYES. ONE ABSENT.
Moe: That's the alternate compliance that --
Rohm: Yeah. We don't -- not as -- not an item for our --
Moe: So, then, I don't have to deal with that.
Rohm: No, you don't.
Hood: Mr. Chair, if I may clarify real quick. You don't have to deal with it. It's approved
at the staff level. If you have comments or want to modify the approval, that one
modification that the applicant requested that staff concurred to, is effectively you acting
on the alternative compliance, so -- but it's not a noticed Public Hearing.
Moe: Don't need to mess with it, then.
Rohm: Commissioner Moe.
Moe: Mr. Chairman, after considering all staff, applicant, and public testimony, I move
to recommend approval to the City Council of file numbers AZ 07-017 and PP 07-021,
as presented in the staff report for the hearing date of November 15, 2007, with the
following modifications: Under -- let's see here. Well, that would be under the
annexation and zoning under 1.1.2, the first bullet point, and, then, the fourth arrow
under the third line where it speaks of picnic shelters with barbecues and water
features, I would like to strike water and put entry feature on that item, please. I'm
stumped here, but we will try this. Under item 2.7 in regards to the barn, do I need to
make reference that I do want staff to work with the applicant to change the
development agreement to let the barn stay until it's developed or what?
Hood: We will make it state just that. We don't need to work with them. It's just that
until that's platted.
Moe: So noted. In that case, end of my motion.
Newton-Huckabay: Second..
Rohm: Okay. It's been moved and seconded that we forward onto City Council
recommending approval of AZ 07-017 and PP 07-021, to include the staff report with
the aforementioned modifications. All those in favor say aye. Opposed same sign?
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November 15, 2007
Page 60 of 60
Motion carried..
MOTION CARRfED: FOUR AYES. ONE ABSENT.
Moe: Mr. Chairman, I move we adjourn.
Newton-Huckabay: Second.
O'Brien: Second..
Rohm: It's been moved and seconded to adjourn. All those in favor say aye.
MOTION CARREED: FOUR AYES. ONE ABSENT.
Rohm: We are out of here.
MEET[NG ADJOURNED AT 10:13'P.M.
(TAPE ON FILE OF THESE PROCEEDINGS.)
APPROVED
MICHAEL ROHM -CHAIRMAN
ATTESTED:
DATE APPROVED
WILLIAM G. BERG, JR, CITY CLERK