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HomeMy WebLinkAboutMarch 20, 2003Meridian Planning & Zoning March 20, 2003 Page 3 of 64 Rohm: I'll second that. Borup: Motion and second. Any discussion? All in favor? Any opposed? Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Borup: I might mention the other item on the agenda was some zoning amendments for that night. We thought we would have a short night and just cover amendments, so I guess that solves that short night problem. Well — and those will be coming, I'm assuming. I don't know if there are any questions from anybody in the public, but the meeting will be noticed for April 17th. Item 4: Continued Public Hearing from February 6, 2003: AZ 02-031 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: Item 5: Continued Public Hearing from February 6, 2003: PP 02-032 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: Borup: That brings us to the next item, which is a continued Public Hearing from our February 6 meeting. This is a request for annexation and zoning of 39 acres for Castlebrook Subdivision and also the request for preliminary plat on the same project. I'd like to open both these continued hearings at this time and I think this was continued because of the question on serviceability of sewer, mainly. We have a new staff report. Is there number some additional things you'd like to add, Mr. McKinnon? McKinnon: Yes, Mr. Chairman, Members of the Commission, I do have a few things to add, if it would be okay at this time. Just to take care of a little bit of paperwork, if you guys could just go to your staff report, there is a few things that need to be changed. Upon making revisions by the -- the applicant making revisions to the plat, we have now increased the subdivision from 148 lots to 158 -- 150, excuse me. The eight jumped out at me, one hundred fifty, rather than 148. So, if you could make that correction for when you make your motion tonight. It's now at 150, rather than 148. And the second paragraph of the applicant -- the application summary, still on a page one, it says that the single family lots within the subdivision range from 6,000 square feet to approximately 12,400 square feet and that's inaccurate. The lots are, actually, a minimum 6,500 square feet. Lots 12, 13, and 14 of Block 9 are incorrectly labeled as being 6,000 square feet. The dimensions are 65 by 100, but they have shown the lots as being 6,000 square feet in size, so the math doesn't add up. That's something that the applicant will have to revise, at least prior to the final plat. Meridian Planning & Zoning March 20, 2003 Page 4 of 64 Centers: Are there lots 12,400 square feet? McKinnon: I think there is -- there is one that's 12,430 -- Centers: Okay. McKinnon: -- square feet. If I could get you to turn to page six of the staff report. I'm going to address the additional considerations with the block length. It states in the first sentence that Blocks 3, 8, and 4 of the proposed subdivision exceed the maximum 1,000 foot block length. Please add Block No. 9 to that as well. On the second sentence it says Block 6 and 7 do not meet the minimum block length of 500 feet. Please add Block No. 10 to that as well. And this will need to affect one of the -- one of the site specific conditions of approval, but I will get to that. All of these blocks will need a variance. If the variance cannot be obtained, the applicant will be responsible for revising the plat. Down to the pathway and foot bridge at Ten Mile Creek. The proposed pathway -- it goes through talking about a five-foot pathway it should be in width and it's not shown to be on the MMID property or on the applicant's property at this time. The revised plat does not show this. The applicant has stated -- and he's willing to address this tonight, the fact that Nampa -Meridian Irrigation Department -- or District has stated they will allow a pathway on their property and I will have him address that. Down to the issue of connectivity under additional considerations of the final portion of the additional considerations, please strike that entire comment. The applicant has provided the new street connecting Scott and Andover Court through Block 9, so, please, strike that. Page eight. In the site specific conditions of approval, Item No. 10 needs to be revised to be -- to read that drainage shall -- must be designed to insure that water is retained only during a 100 year -- not a 25 year as indicated. That needs to be revised to 100 year. Item No. 14. This is the one that I mentioned earlier that would be reflective of the block lengths and the wording on that would need to be revised to state that the applicant is responsible for obtaining a variance for all seven of the blocks that have been mentioned and that if a variance cannot be obtained from the city, the applicant shall revise the plat to conform with the Meridian City Code. Centers: So, excuse me, Dave, would it be -- would it suffice to just say: Or obtain a variance prior to City Council? McKinnon: Yes. Centers: Okay. McKinnon: That makes it a lot easier. Down to general comments, number five, irrigation ditches, laterals, canals, exclusive natural waterways, just to point out that that excludes the Ten Mile. They are not going to be required to tile the Ten Mile. Those are the major changes that I had for you. This is a revised site plan that you have not yet -- that you didn't deal with at the last hearing. This is a revised site plan. If you remember, there was a small knuckle at this location and there was a cul-de-sac that came back to here and they have added the small street for some additional Meridian Planning & Zoning March 20, 2003 Page 5 of 64 interconnectivity through the subdivision. As I stated before, they are not showing the pathway on their property, they are showing it on Nampa -Meridian Irrigation District's property. One of the questions that I'd have for the applicant and for the Commission is -- to be answered tonight is when the pathway should be completed, prior to what point of occupancy of the subdivision, and when you guys would like to see written authorization from Nampa -Meridian Irrigation Department, if you'd like to see that before you pass this along, or if that would be something before the City Council. I have looked at the minutes from the last discussion, there was quite a bit of discussion concerning the size of the lots and Parkside Creek and the connectivity between the two. There were some issues that we asked for this to be continued for last time that had to deal with the water and the sewer issues with this site. Bruce Freckleton is here tonight to address those issues, but if I can just brush on those. Bruce has revised the staff report to say that we are certain that we can provide sewer for this property and that water issues can be resolved prior to construction of the subdivision. Have you got anything you want to add to that, Bruce? If you have any questions of staff at this time we will take those and turn the time back over to you. Borup: Questions from any of the Commissioners? Okay. McKinnon: Thank you. Borup: Thank you. Does the applicant have anything they'd like to add? Amar: Good evening, Commissioners. My name is Kevin Amar. Address 114 East Idaho, Suite 230, here in Meridian. Unless the Commission desires, I will just address the comments from staff. I don't know that we need to go over the whole project again. Borup: That's what we desire. Amar: Okay. This project at the previous hearing there were concerns with respect to sewer and water. Bruce addressed those. We do have those issues resolved. We met with the engineering department and we can abide by the Commission -- or the conditions. We understand we will have to pay the 1,500 dollar Black Cat sewer extension fee and that's something we also understand and we will do. With respect to some of the questions that were brought up tonight for the pathway, this pathway -- this property along the Ten Mile Drain is, indeed, owned by the Nampa -Meridian Irrigation District. We did approach the Nampa -Meridian Irrigation District and they told us they would get us a letter and we haven't received that letter yet, but their concern was that we would build a pathway at a minimum of 16 feet off the top of their bank, so they can still travel and maintain that drain. We told them that would not be a problem and that we would maintain any spoils that they place up on that. So, the effect to them is nothing. The effect to the subdivision and the surrounding neighbors is that it cleans up the area and it provides a nice amenity for those neighbors. We will be providing a pathway to connect with the park -- Fuller Park across the Ten Mile drain. That pathway -- all of these pathways would be built, the subdivision will be phased in accordance with the fire department phasing and I suspect it will be something of this nature in order Meridian Planning & Zoning March 20, 2003 Page 6 of 64 to have the two points of connectivity and each portion of this pathway that is in that phase, if there is two phases of the pathway, it will be built during that phase or at least that's our proposal. I think those were the issues that were brought up by staff. The variances --we have submitted for a variance. On some of these we did provide -- actually, this lot -- or this block and this block needs a variance because of the connectivity of those two streets. We have submitted for a variance on some of them and, apparently, we omit a couple of the blocks on our variance. We will revise that and make sure that it does get in for the City Council meeting. I believe staff can -- or is willing to support this request for a variance. We have met with them and discussed our options and what we have before you, between us and the staff, I think is the best idea. With that, unless there are other questions, I will stand for any questions. Ms. Wildwood is here to address the -- I think you saw it the last time, but the housing -- or lot sizes in comparison w ith other s ubdivisions, if t hat's s omething you want to see a gain, that's something we are more than happy to do. It's up to you. Centers: Mr. Chairman? Borup: Commissioner Centers. Centers: This is a foot bridge you're talking about? Amar: Yes, sir. Centers: In my notes it says it's going to be replaced with a culvert. Amar: It will be a culvert, it will still be -- I call it a foot bridge. There will still be pedestrian traffic across there. Centers: Okay. Amar: But there will be a culvert. Centers: You didn't address staffs comments as to when you think that pathway should be completed. Amar: The pathway -- it's our intent that that pathway will be completed during that phase of construction. Centers: Which phase? The first phase? Amar: The phase that -- our first phase, most likely, will be in this area and that is to deal with connectivity, having the two points of access. This pathway will most likely be in the second phase. So, in the second phase that pathway would be built, constructed, and we are happy to build it during the course of construction, obviously, weather permitting, for the landscaping and the pathway. If we can pave the streets, we can pave the pathway. So, that is something that can be addressed. Meridian Planning & Zoning March 20, 2003 Page 7 of 64 Centers: So, what you're saying is you don't want to do the pathway until you start on the second phase of construction -- or second — Amar: I want to do the pathway when that portion of that phase is adjacent to the pathway. I guess if the -- if we do this -- let's assume we just split it down the middle, we will develop half the pathway and, then, the next phase we will develop the other half. Centers: So, when you're selling lots up in here, you expect to have the pathway done? Amar: Yes, sir. Centers: Okay. And what's that block number? Borup: Four. Amer: Block 4. Centers: Block 4. Okay. Borup: So, the pathway will be done adjacent to the lots? Amar: When the lots are for sale, the pathway will be done. Borup: At the time of recording. Amar: Or in the process of being completed will be bonded for. Yes. Borup: Well, yeah, the normal — Amar: The normal procedure. We do not want to do construction behind houses while people are living there. That creates a nightmare for everyone, I think. Centers: Thank you. Amar: Thank you. Borup: Any questions from any other Commissioners? McKinnon: Mr. Chairman? Mr. Chairman, I have a question for the applicant. Mr. Amar, on the maintenance of that pathway, is the maintenance going to be handled by the homeowners association? Meridian Planning & Zoning March 20, 2003 Page 8 of 64 Amar: Yes, sir. The maintenance of that pathway and any spoils that will be placed there by Nampa -Meridian Irrigation District during the normal course of cleaning will all be handled by the homeowner's association. McKinnon: Okay. Centers: Mr. Chairman, one other question, and I slipped over that, Dave. Thank you. So, you have read the staff comments and, of course, heard their revisions and you're in total agreement with all their comments, I take it? Amar: Yes. Centers: And requirements and conditions of approval? Amar: Yes, sir. Centers: Very good. Borup: Thank you. Amar: Thank you. Borup: Do we have anyone else to testify on this application? Okay. Any other additional questions? Okay. Come on up, sir. Glines: My name is Mark Glines and I live across the street there at -- across the street at Parkside Creek. I still have a couple of questions. Bruce, can you tell me what size the sewer drain is that this is going to drain through? You said you had worked out the sewage. What's the size of the line that it's going to go through? Freckleton: There are eight inch main lines that it's going to drain through. There is a 21 inch sewer interceptor line that is -- that comes from the pump station that is currently at Coral Creek Subdivision. There is going to be a new regional lift station put in up in the corner. Glines: When is that lift station going to be put in? Let me be blunt. I heard some rumors that the capacity -- the sewer line capacity is not up to what it needs to be and that a lot of additional capacity needs to be finished before this subdivision can have proper flow. Told that it's enough just for the Coral Creek division and not much for more than that. Freckleton: This developer will be working -- as part of their design, they are going to be going through and if upgrades need to be made to the lift station at Coral Creek, they will be making those u pgrades, as far as if they have to upsize pumps, t hey will be doing that. Meridian Planning & Zoning March 20, 2003 Page 9 of 64 Glines: Okay. At the last meeting -- the last hearing you talked about how there is going to be a 21 inch line put in down along Ten Mile. That's going to eventually catch some major pump station down towards Franklin or something. Freckleton: Correct Glines: Is that something that is going to be excavated for during or prior to this development being finished? Freckleton: It will be -- the line that you're talking about is the Black Cat Sewer Trunk Line is what we call it. It will be going through the development and it will be following the road alignment. It does not go along -- right along the creek. Glines: At the last hearing it was going to go along the creek. That's the way it was explained. Okay. So, it's going to -- so, in other words, the 21 inch line that comes out of Coral Creek is going to follow under some of the existing streets that are coming in -- Freckleton: Proposed streets. Glines: Especially in number one? Borup: Mr. Glines, I'm not sure where you're going with this. What's your concern? Glines: Well, my concern is I don't want to see what we said last hearing was that there was going to be that 21 inch line going down along the ditch. Freckleton: That's not going to happen. Glines: Okay. Because if that was going to go down along the ditch, then, we are going to have the whole area torn up twice. Okay. That place gets torn up, gets torn up, gets torn up -- Borup: Well, that 21 inch line is going in whether this subdivision goes in or not. Glines: Okay. Well, I just -- the comment being is that that line was going to have to go through t hat a rea t hat was g oing to be i mproved a nd, then, i is g oing to g et torn u p again, then, we have it tom up twice and that is a negative impact on the Parkside Creek neighborhood. Freckleton: I think it is important to point out that that 21 -inch line will go in, more than likely as part of the subdivision. It will go in at the same time. That is if -- if their phases march along, you know, prior to the city taking the project on. Glines: Okay. Where is the irrigation water coming from? Do you know where that is? Where? Meridian Planning & Zoning March 20, 2003 Page 10 of 64 Borup: We need to -- let's get a list of your questions and, then, we will get some answers. Glines: Okay. Well, I'd like to know where the irrigation water is coming from. I talked with Nampa -Meridian and they tell me that there is not enough water available there for that development, unless some additional capacity -- some substantial additional capacity is added. Borup: It's being irrigated now, isn't it? Glines: It's the applied from the south end and the water supposedly is supposed to be coming from the pump up between Coral Creek and Pintail. Borup: Okay. Glines: One of the things is I'm working with the Parks Department such in trying to get the trail along Ten Mile and Ten Mile improved and cleaned up and every effort we make to try to do something is going to have to -- is going to get undone by things that have to get done later on. It's like you put in a new street and the next week somebody comes in and starts digging up the sewers. It was nice to have a new street, but now we have got sewer -- sewer digs all over the place. And so the idea is to bring it up, so that we can get these things done in a comprehensive way, so that its done once and we have a nice result, versus done a second time and we have half baked result. Borup: Okay. We will find out where the irrigation water is coming from. Glines: From what Nampa -Meridian tells me, there is not enough water coming out of that -- out of the line that would come -- I thought the line was going to come down from the Black Cat side through Castlebrook, over to Castlebrook II, but Nampa -Meridian tells me there is not enough water capacity that direction. Borup: Okay. Glines: There is not enough -- Borup: Any other questions? Glines: Okay. The other question is what do we know -- how do we know that the pathway that's going to be on the development side of Ten Mile is going to be maintained by the homeowners association? Is there a license with the parks department? Is there a license with the irrigation district? Borup: We will get that answered, too. Right now it's part of the covenants of the subdivision and it will be maintained by the irrigation district -- or by the -- maintained by the homeowners association. Meridian Planning & Zoning March 20, 2003 Page 11 of 64 Glines: My point being that when Corey Barton took over 40 lots for Coral Creek, his 40 lots, his 1.4 million dollars, bought out the CC&Rs for Blackstone. Borup: Did they change them? Glines: Uh-huh. Yes, he did. Because he was -- he owned enough that he had a quorum in himself to change all the CC&Rs and so I'm concerned that we have maintenance lined up in such a way that if it turns out the developers decide to sell 60 percent of their lots to Corey Barton, that Corey doesn't come in there and say, okay, I have got 60 percent of the place, I can change the CC&Rs to anything I like. He has done that to the negative property values of Blackstone and to the comer one there, I forget what it's called, the one above Coral Creek, negatively impacting those property values. Borup: So, he's not maintaining something that was originally part of the covenants? Glines: Well, the original covenants were architectural and things like that and now all of a sudden all the fill-in is at the Corey Barton level of homes, not the Parkside Creek style which is what was originally put in at Pintail and the -- Borup: Okay. You're talking about two different subjects here, so -- Glines: Well, the CC&Rs, covenants, codes, and restrictions, aren't they -- isn't that what we are talking about, that the -- Borup: Well, also, it's an agreement with them, the Meridian Irrigation District, too. We will get some clarification on that. So, you're concerned about the maintenance of the pathway. Glines: Yes. Because if the pathway ends up not being maintained --because the original pathway between Coral Creek and the lot -- and the development above that was supposed to be improved and, then, maintained and nothing's being done with that. That's -- Borup: That was my question. The homeowner's association was supposed to do that or -- Glines: That was supposed to have been — Borup: And that's been deleted from their covenants? Glines: Its i n no m an's I and. We don't k now w here i t i s. N obody c an s ay w hat i s happening. It got lost. Centers: Mr. Chairman? Is Corey Barton still in control of those lots that you're speaking of or are they owned by homeowners? Meridian Planning & Zoning March 20, 2003 Page 12 of 64 Glines: Every lot has been sold. Centers: My point is the new homeowners can amend their CC&Rs after the majority -- if they have the majority, which sounds like they do. Glines: Okay. Centers: So, it's up to the homeowners to take care of that. Glines: The park department and the City of Meridian had plans for what was going to happen with the pathway north of this development through Coral Creek and Blackstone. All of those plans got thrown aside. None of them got followed. The quality of the pathway was -- Centers: Well, I think that's a different issue. Glines: Well, what I'm trying to find out is what -- how do we know that these plans for the pathway are going to be kept with as they were originally approved? Borup: So, there is not a pathway there now? Glines: Oh, there is a pathway, but it's below grade. It was never cleaned up on either side, so it's weed infested, it's still full of trash, it's full of -- it's muddy. It was never done to the city specs. It was never -- the improvements were never finished -- in other words, it was never finish graded, it was never landscaped, sprinklers weren't put in, nothing was done to improve it, other than lay the strip of asphalt and now that strip of asphalt is in an unimproved state that's going to fall to the City of Meridian, who doesn't have the funds to bring it up to an improved state that it can be maintained. Center: And it's in Parkside Creek Sub? Glines: No. It's, actually, between the Coral Creek and the -- Centers: Which it -- so who is responsible for it? Borup: Which property is it on? Glines: It goes right through there. Centers: It's Coral Creek Sub. Those homeowners are responsible for it. Glines: They are all the same homeowner's association. Centers: Yes. Well, they are responsible for it. Meridian Planning & Zoning March 20, 2003 Page 13 of 64 Glines: Okay. But -- Centers: And those homeowners need to take care of it. Glines: The city approved it with a certain level of improvement to it. Centers: And it was done that way. Glines: No, it wasn't. That's my concern. Centers: It wasn't kept up, is what I meant. Glines: No, it's not that it wasn't kept up. It was approved to be paved with a pathway -- Centers: Was it? Glines: Landscaped. Centers: Was it paved? Glines: It was paved, but not according to the approval. It was paved too close to the ditch. My point being here is that the city approved things, but didn't follow through to make sure what they approved was carried through with and, now, we are left with a mess that the city doesn't want to spend the money to do the improvements that were originally planned to be done by the developer and, then, the developer decides that -- they d ecide to change a II of their C C&Rs, so that they a re n of going to d o anything about it and we are stuck in this limbo land between the CC&Rs that aren't supposedly enforceable by the city people and what the city says, well, if you're going to do that,yeah, we will say okay. But that CUR gets left to the -- Borup: Did you have another question? Glines: Well, my concern was that we have that -- Borup: Right. I have got that. Glines: The sewage. Those three things. Borup: Right. Okay. Glines: And that all of those things are put in such a way that they are -- Borup: Now, didn't your sewage question get answered? Glines: Not yet. He's got to answer that one for me. And, then, there is one -- Meridian Planning & Zoning March 20, 2003 Page 14 of 64 Borup: Well, what part don't you understand, then? Glines: Well, he didn't answer -- he said there is an eight inch, but he didn't -- doesn't say where the eight inch comes from, how much flow is going to go through that -- Borup: Well, but what's the concern there? Glines: We are overdeveloping the -- we are overdeveloping with higher density than there is any facilities for. Borup: So, you don't think the Public Works Department knows what they are doing? Glines: Well, from what I understand is this is based upon future things happening to catch up with the Public Works Department and I just -- Borup: And who explained that to you? Glines: It was unofficially explained to me. Borup: Yeah. Who? Glines: It came second person from the Public Works Department. Borup: Okay. Glines: Okay. But I'm concerned that these -- Borup: And you think that should have priority over the Public Works Department itself? Glines: Well, I'm just saying that -- I'm asking the question. Borup: Okay. Glines: So, that's a question that Public Works can come back and comment on, because if it's there and said, you know, we didn't do this, I have seen too many things happen that the intention was great. The practical follow-through wasn't. You know, there has been the issue of what's the drainage down there and they say, well, they have done their water table studies. Well, in our neighborhood one lot can have a total different water table than the one next to it. So, I have only seen one plastic pipe drilled into the ground in that division -- in that subdivision area and so are we going to have standing water problems in their big area or is it going to not — do they have enough drill — test holes drilled to know for sure? My concern is that we are building too fast without enough information and it comes back to negatively impact the citizens and the taxpayers of Meridian. Meridian Planning & Zoning March 20, 2003 Page 15 of 64 Borup: Okay. Thank you. We will get answers to these questions. Do we have anyone else that would like to testify? Okay. Let's -- I'm going to -- Bruce, do you want to be first? Is there enough capacity in the sewer lines? Freckleton: Mr. Chairman, with the upgrades that this applicant may have to do to that pump station, there will be capacity. We have plenty of capacity. I'm not sure exactly how to answer the question, other than that. We have the capacity, we have done the analysis, we are continuing to do the analysis. This area is -- there is a major study being done right now on this entire area as part of the Black Cat, Ten Mile interchange study that JUB is right in the middle of right now. That was one of the things that made us nervous -- excuse me -- at the last hearing when this came up about going forward without having more data in place. We have done modeling. We are still doing -- we are still doing analysis, like I said. One of the biggest hurdles we have was trying to find a site for the regional lift station. We have worked together with this applicant. We think we have got it worked out. You know, things are marching forward. So, if -- to address his concern about digging streets up that are already paved, you know, if our project moves forward a head o f the p hasing o r timing o f t his p roject, w e w ill b e p utting that sewer in, they will be coming along behind and building roads over the top of us. If his project goes ahead of our timing for putting the trunk line in, he is going to be putting the trunk line in underneath the roads and so the roads won't have to get tore up again. We are very conscious of that and strive to prevent that from happening, so -- Borup: Okay. I think that -- let me just -- my experience sitting here is if the Public Works Department had any question at all, the projects are delayed until there is an answer and you have been comfortable and that's -- that's always been the case. Mr. Amar. Amar: Thank you, Mr. Chairman, Commissioners. Again, for the record, Kevin Amar. To answer — I believe there are two other questions. One, irrigation, and the second the pathway. I'll answer the irrigation question first. Could I get you to put up the regional map? We met with Nampa -Meridian Irrigation District probably a month ago to go over the location of the irrigation pump station not only for this subdivision, but also for Castlebrook No. 1. It was their request -- there is an existing irrigation pump station at this location. It was Nampa -Meridian's request that we upgrade that pump station, so they only have to maintain one pump station and that would have capacity for both Castlebrook No. 1 and Castlebrook No. 2. Our water right -- both of these comes out of this lateral and we will have to tile that down to that irrigation pump station or at some point into the Ten Mile Creek, so it does get to that pump station, but there is capacity for it and we are working with Nampa -Meridian Irrigation District to actually upgrade one pump station, rather than two, and that was -- or build an additional one and that was at Nampa -Meridian's request. Borup: So, it sounds like the existing pump needs to be enlarged -- needs to be upgraded and the water source that that existing pump is using would not have the capacity as it presently exists, so that's why you're diverting the water you have, the waters rights, to that same pump and that gives it the capacity for your subdivision. Meridian Planning & Zoning March 20, 2003 Page 16 of 64 Amar: Correct. Correct. The in -take manifold, the -- well, it all has capacity, but the water rights for this property currently coming out of this lateral are not — and we will have to divert that. That's a fairly common practice within the different irrigation districts. And we will have to upgrade pumps in order to provide the necessary sizing for these subdivisions. Those will be under the -- we will have to have reviewed by Nampa -Meridian Irrigation District, their engineers, our engineers, the city, I believe, gets into the review of that. So, there are extensive reviews insuring that there will be capacity. We can always -- if there is not capacity, we can always build an additional pump station to provide our capacity. We do have water and we do have water rights for our property. The second question with respect to the pathway maintenance -- now if I can ask -- well, this will work. The pathway along the Ten Mile Creek, we will have to obtain a license agreement. That license agreement will be with Nampa -Meridian Irrigation District will spell out that the homeowner's association must maintain that. Nobody, short of Nampa -Meridian Irrigation District, can change that. If a developer or builder, all the homeowners band together and want to change that in the CC&Rs, they can only do that with permission of Nampa -Meridian Irrigation District. So, the maintenance of that pathway and the landscaping, all of that will be in our license agreement, and we will do it accordingly. This pathway is one that we are putting in of our own accord. The pathway on the other side was, actually, in the city park's pathway plan and was put in and so I believe the city is maintaining that pathway or is going to maintain that pathway at some point when -- I don't know what's been finalized or what hasn't, I don't know if that's all taken place. I know on our side of the property the city has no interest in maintaining a pathway just for a subdivision. That's an amenity that we wanted to provide for our residents. So, I think the license agreement is a very sure tool to insure that we do maintain that -- or the homeowner's association does after the developer is gone. I believe those were the two questions or were there others? Borup: No. Those were the two -- maybe I did write one other down. I don't know if it's a specific question, but do you know how many test holes have been monitored here? Amar: I believe right now monitoring -- we are monitoring two test holes. We initially dug, I believe, ten. We located with our engineer where the low points in the ground may be and where those — the drainage would go to and we are monitoring those locations. Borup: So, you're trying to monitor the worse case of the test holes? Amar: Yes, sir. One of the locations is right where that park is designed. Luckily, this site could lay out to where the park and the low point can -- Borup: The same place? Amar: -- be the same place. And as far as standing water, it's also one of the conditions of approval that our site drains within 24 hours. So, I believe we are abiding Meridian Planning & Zoning March 20, 2003 Page 17 of 64 by those conditions of approval. So, I believe those are addressed in the staff report and staff can enforce any of those if they are conditions of approval. Centers: Mr. Chairman, I had one other thing that was addressed in the staff report and, I don't know, maybe we jumped over it. The fire department had thought that they may need a secondary access, a second point of access. Is that being provided? Amar: It is. This project is dependent on Castlebrook No. 1 being completed. In Castlebrook No. 1 we are building Pine or EI Gato. In Castlebrook 2 we will continue that and, then, we will also have connectivity from this location in Castlebrook 1 and here. So there is -- this works out great. We have got an area map. The actual. connectivity for this subdivision will have one point here and, then, an additional point out through here. We can go through Coral Creek. So, we have met with them and all the fire department conditions will be adhered to. Borup: And I'm assuming that the fire department made that, because they were looking at one subdivision, without taking the other one into consideration. Centers: Very good. Borup: Questions from any other Commissioners? Okay. Thank you. Any final staff comments? Okay. Commissioners? Mathes: I make a motion to close the continued Public Hearing from February 6, 2003, AZ 02-03 and PP 02-032 on Castlebrook Subdivision No. 2. Centers: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Borup: Okay. First item. Mathes: I make a motion to send -- to forward to City Council continued Public Hearing from February 6, 2003, AZ 02-031, request for annexation and zoning of 39.05 acres from RUT to R-8 zones for propose Castlebrook Subdivision No. 2 by Crestline Development, LLC, 4000 West Pine Avenue, east of North Black Cat Road and south of West Cherry Lane Road, including all staff comments, dated February 6th, with a couple of changes. Borup: None of your changes affected the zoning, did it? I mean the annexation, did it? McKinnon: No. Mathes: Okay. Then no changes. Meridian Planning & Zoning March 20, 2003 Page 18 of 64 Centers: I would second that motion to approve. Borup: Motion and second. Any discussion? All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT Mathes: I make a motion to approve the continued Public Hearing from February 6, 2003, PP 02-032, request for preliminary plat approval of 150 building lots and nine 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, with -- including all staff comments dated February 6. On page one of those, down in the application summary, in the second paragraph, where it says the single family lots in the subdivision range from -- it should be 6,500 square feet, not 6,000. And on page six, under additional considerations, on the block length, under block length it should read Block No. 3, No. 8, No. 4 and No. 9. And, then, in the second sentence it should be Block No. 6, 7, and 10 that don't meet the minimum block lengths. Under -- by the pathways, they have to have -- with agreement Nampa -Meridian that there will be a — it's okay to have a pathway. They will allow it. Is that a license agreement? Borup: Yes. Mathes: Okay. And, then, the paragraph on connectivity we can scratch. On page eight, number 14, the applicant is responsible to obtain a variance for the block lengths before City Council. And on -- McKinnon: Mr. Chairman, Commissioner Mathes, they do — Mathes: Before City Council. Excuse me. No? McKinnon: They can submit -- Commissioner -- Mr. Chairman, Commissioner Mathes, they can submit concurrently, so that they come on the same night. Borup: The application has to be made to City Council. McKinnon: That's correct. Mathes: Oh. Okay. And, then, under general comments number five. That excludes the T an Mile d itch a nd, then, they have to h ave -- and maybe I a Iready said this, a maintenance agreement on the pathway with Nampa -Meridian Irrigation to maintain it? McKinnon: Correct. Mathes: And I think that's it. Meridian Planning & Zoning March 20, 2003 Page 19 of 64 McKinnon: Mr. Chairman, Commissioner Mathes, if you could also include item number ten, changing the 25 year storm event to a 100 year storm event. Mathes: Okay McKinnon: I n addition to that, there was some discussion in the previous testimony concerning the timing of the completion of the pathway. We may want to include some language with that as well. Mathes: Okay. The pathway will be completed when those lots along the pathway are phased in. Borup: Or offered for sale. Mathes: Or offered for sale. I mean they are going to build them the same time they do those streets. McKinnon: Prior to the issuance of building permits. Mathes: Sure. McKinnon: Okay. Of that phase, Mr. Chairman, Members of the Commission, we have not yet received a phasing plan for this subdivision. That was item number n ine on page eight, requiring a phasing plan. So, that's one of the things that we have to work with on this, is we don't know what phase that would be, but I believe that we should include that -- some additional clarification language concerning possibly the construction of portions of Block 4. Block 4 is the large block that runs -- can I borrow your pointer? Mathes: So, maybe the pathway should be constructed when Block 4 is constructed? McKinnon: This is all of Block 4. But we don't have a phasing plan, so we probably ought to have some tie in rather than phasing. Mathes: So, when Block -- before building permits are issued on Block 4, that path has to be in? Borup: Well, I think Block 4 could be split in the phasing is what they indicated. Does that handle it, Dave, if we say before any of those lots are -- McKinnon: Just adjacent to it, so we are measuring from this small block -- or small lot. That's Lot 9. Centers: When offered for sale the pathway must be done. McKinnon: That's works for me. Meridian Planning & Zoning March 20, 2003 Page 20 of 64 Mathes: It works for me. Centers: Commissioner Mathes, I had one little technical thing that — if you can believe it from me. On page five, the availability of public services, down about five lines it says the Blackstone lift station shall upgraded. I'd like to insert the word be upgraded. Shall be. It was omitted. Thank you. Borup: Commissioner Zaremba is not here. Someone has to handle that. Centers: I second that motion, by the way. Borup: I mean that in a good way. Rohm: Sure you did. Borup: Okay. We have a motion and we have a second. All in favor? Any opposed? Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Continued Public Hearing from March 6, 2003: RZ 03-001 Request for a Rezone of 6.95 acres from L-0 to L-0 and C -G zones for Mallane Commercial Complex by The Land Group, Inc. — north of East Fairview Avenue and west of North Eagle Road: Borup: Okay. Our next item is also continued. That is continued Public Hearing RZ 03- 001, a request for a rezone of 6.95 acres from L-0 to L-0 and C -G zones and we'd like to open this continued hearing and start with the staff report. McKinnon: Mr. Chairman, Members of the Commission, as you stated, this is a continued Public Hearing. The last time that you heard this application the property was not posted correctly and there were some issues with, I believe, a legal notice and some issues concerning what piece of property was being rezoned to C -G and what pieces of property were staying as the L-0 designation. If I could direct your attention to the overhead, we have highlighted the area that's remaining as L -O. The rest of the property right here, including this small piece, over to this small triangular shaped piece of property, stopping there, that's all to be rezoned C -G. The reason for that is so that this place of p roperty w ill remain a s a n L -O u se t o buffer t he I arger C -G a nd h igher intensity uses of the C -G zone. The property has been noticed correctly and just one more map you will be able to see it more clearly. This piece remaining is L-0 adjacent to the single family residential. The rest of the property would be zoned C -G. Staff supports the requested rezone application. The request is in compliance with the Comprehensive Plan and I'd ask if you have any questions for staff at this time.