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HomeMy WebLinkAbout1994 01-31 MERIDIAN PLANNING & ZONING COMMIISION SPECIAL MEETING AGENDA MONDAY, JANUARY 31, 1994 - 6:00 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD JANUARY 11, 1994: 1. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING WITH A PRELIMINARY PLAT FOR LANDFALL SUBDIVISION (FORMERLY UPLAND MEADOWS) BY FARWEST DEVELOPERS AND ROYLANCE AND ASSOCIATES: (APPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW PREVIOUSLY PREPARED AND PRELIMINARY PLAT) 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR LOS ALAMITOS PARK (FORMERLY SAGEHEN ESTATES): (APPROVED AND APPROVED PRELIMINARY PLAT) 3. ANNOUNCEMENT: SPECIAL MEETING/WORKSHOP WILL BE HELD FEBRUARY 22ND AT 6:00 P.M.: MERIDIAN PLANNING & ZONING COMMIISION SPECIAL MEETING AGENDA MONDAY, JANUARY 31, 1994 - 6:00 P.M. CITY COUNCIL CHAMBERS -fare d, - MINUTES OF PREVIOUS MEETING HELD JANUARY 11, 1994: 1. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING WITH A PRELIMINARY PLAT FOR LANDFALL SUBDIVISION (FORMERLY UPLAND MEADOWS) BY FARWEST DEVELOPERS AND ROYLANCE AND ASSOCIATES• CC..yPI'bV2d~_----- /=ihd~hyl o~Ga~f"/G'm'+GQi/Sibrt O{~CtwJ' i-/rred Z• FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR LOS ALAMITOS ~/~ PARK (FORMERLY SAGEHEN ESTATES): "7°/°•,~red.-- ~r2liiYriYi.~cru ~/a,t 7~y /.-~ha~~GC ~u fjd~l~i db-i/ ~~_~ ~c - Gv~~~p - • ZZ^'-° a~L ~cb. C' 6:00; ~ /~ ------- -- -- -- ~~~~ -- - --/// ---- /q~ql}/-~~~J/~~--- --- _ LV~ ___ _{/AIV~ / ______ ___ ... {JJV/////'// _ __ _.. __ ~- ---- ----- - S _ --- ---- -- ---------------~2Q~ -~--- ------ - ---- - ~v ~h~ - ~ ~avf ~ ~ La.~u-~ _ ou P ~-~r`_d -------- -T-- ~__ ;~ ~n.,_-~ '~~-- -- F ~,c NAME: ~~~"o L~~ G, PUBLIC MEETING SIGN-UP SHEET PHONE NUMBER: j~ ti- ,u .,~., -, PLANNING & ZONING COMMISSION SPECIAL MEETING JANUARY 31, 1994 The special meeting of the Meridian Planning & Zoning Commission was called to order by Chairman Johnson at 6:00 P.M. Members present: Charlie Rountree, Jim Shearer, Moe Alidjani: Members absent: Tim Hepper: others Present: Will Berg, Wayne Crookston, Bruce Freckleton, Marty Goldsmith, Lydia Aguire, Dave Roylance: MINUTES OF PREVIOUS MEETING HELD JANUARY 11, 1994: Johnson: You have 71 pages of minutes there, are there any additions, deletions, corrections to the minutes? Rountree: Mr. Chairman, I'd like to make a motion that we defer action on the previous minutes until our next regular meeting. Shearer: Second Johnson: We have a motion to defer the minutes until the next regular scheduled meeting which I believe is February 8, 1994, all in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING WITH A PRELIMINARY PLAT FOR LANDFALL SUBDIVISION (FORMERLY UPLAND MEADOWS) BY FARWEST DEVELOPERS AND ROYLANCE AND ASSOCIATES: Johnson: I'll now open the public hearing, is there a representative of the applicant that would like to come forward at this time please do so. Dave Roylance, 4619 Emerald, Boise, was sworn by the Attorney. Roylance: Mr. Chairman, Commission members, my name is Dave Roylance, business address is 4619 Emerald, Boise. I'm a civil engineer representing the applicant. Landfall is a 78 lot residential project located approximately 1/2 mile south of Overland Road on the west side of Locust Grove Road. We propose city water, city sewer and public streets constructed to ACHD street standards. We have had several meetings with ACHD and the plat before represents their final findings. Can I answer any questions? Johnson: Thanks Dave, I'm sure we have a couple here, gentlemen. If not I'll start by asking if you have read the engineers comments and specifically the most recent one? Roylance: Are you referring to these? That is no problem, we will Planning & Zoning January 31, 1994 Page 2 conform to that. Johnson: Regarding ACRD, any comments regarding that? I'm specifically making reference to the connection of the streets and the elimination of the stub street that was initially proposed there. Roylance: Those are changes that ACRD has requested. Johnson: Does anyone else have any questions for Mr. Roylance? Rountree: I have a question on some of the lots on Clear Wind and South Sounding Court. It looks like (inaudible). What is the depth of the lot measurement to, is that to the easement on the (inaudible) or is that to the back of the lot. Roylance: Are you referring to the ones that back up to the drain? Rountree: Yes, it would be block 3, lots 1-11 say. Roylance: That dimension is to the easement line, the 115 feet on lot 16, block 3 for example. That 113 shown there would be to the easement line. Rountree: That is lot 6 you say? Roylance: I was referring to lot 16. Rountree: That is to the easement line. Johnson: And that is true for all these lots, right? Roylance: Yes it is. Rountree: Some of the lots you have, it may not be on this one it may be the other subdivision you did, had some of the curve data listed. Roylance: Well, normally at the preliminary plat stage we don't show all the details but we try to show enough to show you that our intent is to provide 80 foot frontage and the proper depth and the proper square footage. Roylance: That is the only question I had. Johnson: Anybody else have any questions? Would you comment on that lot 18? Roylance: That, we would have to have a look at that to be sure we Planning & Zoning January 31, 1994 Page 3 can comply with the rear yard setback. There could be a problem in what you define as being the rear yard depending upon the house orientation. We will go ahead a re-look at that and if we have to make some adjustments there then we can make some adjustments. It is our intent to meet the dimensional standards of the zone and comply with the setback so we are not asking for any kind of variance. We will re-study that to see that do in fact have a building site there. Johnson: Thank you, anybody else? Anyone else from the public like to come forward and address the public? Seeing no one then I will close the public hearing. What is your pleasure? Shearer: I move we have the Attorney prepare Findings of Fact and Conclusions of Law on this project. Alidjani: Second Crookston: They have been prepared Rountree: They have been prepared previously in this particular project, I looked through it and couldn't find anywhere the name would need to be changed the legal description is still sufficient. Johnson: You recall the situation why we are going through this? Rountree: The comments and so forth are still applicable, the conditions look like they are still workable. Johnson: In your opinion is there anything concrete Counselor, that would require changing the Findings of Fact at this point? Crookston: No Johnson: In our last meeting did we make a recommendation on these to the City? Crookston: No, you did not. Johnson: So right now we are to address the Findings of Fact and Conclusions of Law. Are we prepared to do that? Rountree: Mr. Chairman I make a motion that the Planning & Zoning Commission hereby adopts these Findings of Fact and Conclusions of Law. Alidjani: There is a motion and a second already. Planning & Zoning January 31, 1994 Page 4 C~ Shearer: There wasn't any second was there? Johnson: Well, actually Mohammed did second. Crookston: Well at this juncture we need to withdraw the motion. Rountree: I withdraw the motion to approve the Findings of Fact. Alidjani: I withdraw my second Shearer: I withdraw Johnson: Okay, we are starting from scratch people. Rountree: Mr. Chairman, I make a motion that we approve these Findings of Fact and Conclusions. Alidjani: Second Johnson: It has been moved and seconded that we approve the Findings of Fact and conclusions as already prepared by the City Attorney. Roll Call Vote: Hepper: Absent, Alidjani: Yea, Shearer: Yea, Rountree: Yea MOTION CARRIED: All Yea Johnson: Is there any recommendation you would like to pass on to the City Council gentlemen? Rountree: Mr. Chairman, I move that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve annexation and zoning (inaudible) of the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that the applicant be specifically required to the all ditches, canals and waterways as a condition of annexation and that the applicant (inaudible) all ordinances of the City of Meridian specifically including the development time requirements and enter into the required development agreement and the conditions of the these findings of fact of conclusions of law and if the conditions are not met that the property be de-annexed. Alidjani: Second Johnson: It has been moved and seconded that we pass a favorable recommendation onto the City Council of the City of Meridian, stipulations so stated, all in favor? Opposed? Planning & Zoning January 31, 1994 Page 5 MOTION CARRIED: All yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR LOS ALAMITOS PARK (FORMERLY SAGHEN ESTATES): Alidjani: Page 13, item #19, there is a little typo error, it should be n-o-t, not n-e-t. I make a motion we approve the Findings of Fact and Conclusions. Shearer: Second Johnson: Moved and seconded to approve these Findings of Fact and Conclusions as prepared. Rountree: I guess I just have one item of discussion. since that plat was brought before us, they have added the condition for a school lot. I don't know that its addressed in the Findings of Fact. Johnson: Is it in there Wayne? Crookston: On the school lot? No it is not. Johnson: I believe it was voluntary, 3 acres depending on what the other developers in proximity were willing to do and the school has responded they would like to have that but they want to make it clear they would not maintain any park area. What is your feeling on amending these at this point Wayne? Crookston: You can amend them as you see fit. Johnson: Well I'm kind of suggesting someone do that. Rountree: They volunteered to provide that school site or park site, 3 acres and that is different then what was presented prior. I think that information ought to be included. Shearer: Of course basically we are only approving this portion here anyway, the plat. Rountree: Well, that whole thing is part of the annexation request. We are just looking at phase one for the preliminary plat. Johnson: We have a motion and a second, do you want to re-state your motion? Alidjani: I'm not really clear to what needs to be included, I'm not clear that the school wants 3 acres, (inaudible). Planning & Zoning January 31, 1994 Page 6 Johnson: Well, its not really an agreement between the 2 of them. Its an offer on the part of the developer to provide 3 acres for a school or park site. The response from the school was that they are in favor and they would be receptive to the 3 acres but in the event it became a park they made it clear they would not maintain it. Alidjani: You just want to make sure it gets into the findings. Johnson: Would you like to add something to that Charlie? Rountree: I would suggest that we (inaudible) with reference to the January 27, 1994 letter from Wayne Forrey to Mike Shrewberry talking about the concept of Los Alamitos Park subdivision. So if you want to withdraw your motion or add that to your motion. Shearer: I just assume leave it like it is. Let the appropriate people work this out at the appropriate time and worry about it when we get the preliminary plat on that portion. Rountree: But the annexation goes with this. Shearer: The school isn't going to take care of it as a park its not going to be for school grounds then it is going to be a different thing, this is something that has to be worked out as you go along. Johnson; Well, you can include it in the findings without a decision. Shearer: Well, we don't force anybody else, we don't force every developer to donate property. Johnson: That is true, but it is a fact, it is an item of fact that offers. I think to do our job right we need to put in our findings all the facts we know, that is an offer whether it is receptive or not or can be worked out is something that can be worked out later. I think it is just like adding testimony to the findings, I think it ought to be in there. What is your feeling on that Wayne? Crookston: Well, at the juncture at which it was put forth, it is not really there has been no testimony on it, there has been no offer, its actually not of record. Johnson: Except in writing Crookston; Of which to make a finding on. i Planning & Zoning January 31, 1994 Page 7 Johnson: Well, it wasn't present for public hearing that is right, the information wasn't present. Crookston: So it really is not appropriate to make a finding because the evidence has come in after the facts were presented. Johnson: I can follow that. Shearer: It should be part of the plat later Crookston: Well, the plat doesn't have anything to do with the findings, but it could be presented to the council and made record there and the council could do findings on it. Johnson: But that requires some additional findings. Well we still have a motion to approve the findings of fact as originally presented. Roll Call Vote: Hepper: Absent, Rountree: Yea, Shearer: Yea, Alidjani: Yea MOTION CARRIED: All yea Johnson: Any recommendation to the City? Alidjani: Mr. Chairman, I make a motion that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that the applicant and the owners be specifically required to the all ditches and canals and waterways as a condition of annexation and that the applicant meet all of the ordinances of the City of Meridian and specifically including the development time requirements and entering into the required development agreement and the conditions of these findings and conclusions of law and that if the conditions are not met that the property be de-annexed. Shearer: Second Johnson: We have a motion and a second to pass a recommendation onto the City Council so stated, all in favor? Opposed? MOTION CARRIED: All Yea Rountree: Mr. Chairman, at this time should we make some recommendation on the plats or do we wait? Johnson: We could, if it is your desire. Planning & Zoning January 31, 1994 Page 8 Rountree: Is that something you would have to open the hearing for or just for record here. Crookston: You can move to bring back the particular agenda item and bring it up it is not part of the public hearing. Rountree: Mr. Chairman, I move to return to the second item on the agenda and discuss the approval or passage of the preliminary plat onto the City Council. Shearer: Second Johnson: Its moved and seconded to bring back the preliminary plat for discussion, all in favor? opposed? MOTION CARRIED: All yea Johnson: Okay, its back, now what do you want to do with it? Rountree: Mr. Chairman, I make a motion that we pass a favorable recommendation onto the City Council on the preliminary plat for Upland Meadows now Landfall Subdivision. Shearer: Second Johnson: All those in favor? Opposed? MOTION CARRIED: All yea Johnson: Anything else? Shearer: We didn't do the plat on Los Alamitos. Johnson: What do you think guys? Rountree: (Inaudible) the preliminary plat for Los Alamitos Park. Shearer: Second Johnson: Its been seconded with respect to item ~/2 on the agenda, Los Alamitos that we consider the plat, all in favor? Opposed? MOTION CARRIED: All yea Shearer; I move we approve the preliminary plat on formerly Sagehen now Los Alamitos. Rountree: Second Planning & Zoning January 31, 1994 Page 9 Johnson: Moved and seconded to approve the preliminary plat, all those in favor? Opposed? MOTION CARRIED: All yea Johnson: Anything else? Rountree: Do you have a date set certain for the special meeting that we were talking about? Johnson: Well, we had talked about having a workshop on the 16th, I understand that is a conflict with you. You are going to out of town all week. The week of the 8th is not good for me, I'm going to out of town all week. Rountree: What about the week of the 22nd? Berg: Fine, no meetings scheduled. Johnson: How is the 22nd for everybody here? Alidjani: Fine with me Johnson: What time do you want to meet? I'd like to get something set in concrete here. Berg: Give me a couple days. Johnson: Well, I suggest we maybe we set it and if we can't we'll change it. Let's do that, would you like to make that recommendation? Rountree: Its your meeting. Johnson: Okay, I recommend that we meet on the 22nd, if the City Council people cannot be there then we will have to. Rountree: Will that be at 6:00 or 6:30? Johnson: Yes, let's start at 6:00 P.M. so we are not there all evening. Anybody else have anything they would like to bring up? Rountree: Mr. Chairman, I move we adjourn. Shearer: Second Johnson: Moved and seconded to adjourn, all in favor? Opposed? Planning & Zoning January 31, 1994 Page to METING ADJOURNED AT 6:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: WILLIAM G. BERG, 312., CITY CLERK JIM ,JOHNSOI3, CHAIRMAN