HomeMy WebLinkAboutJanuary 6, 2009 C/C MinutesMeridian City Council
January 6, 2009
Page 10 of 59
deleted and that the plat not be required to be revised as requested by the applicant.
Staff will stand for any questions the Council may have at this time.
De Weerd: Thank you. Council, any questions? Okay. Thank you. Do I have a
motion from Council?
Zaremba: Do we need public testimony?
De Weerd: No.
Bird: This isn't a public hearing.
De Weerd: This is a final plat.
Zaremba: Oh, I'm sorry. In that case, Madam Mayor?
De Weerd: Yes.
Zaremba: I move we approve FP 08-019 to include staff comments, specifically
deleting the second sentence -- I'm song. The second sentence of condition nine
should be changed to read -- I'm song, it is deleted.
De Weerd: Okay. Do I have a second?
Bird: Second.
De Weerd: Okay. I think we all understand that motion. Any discussion? Okay.
Hearing none, Madam Clerk.
Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carves.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 12: Public Hearing: RZ 08-007 Request for Rezone of 5.91 acres from R-8
to R-15 zone for Windham Place by Eagle Spring Investments, LLC -
east side of North Meridian Road, approximately '/Z mile of East Ustick
Road:
Item 13: MFP 08-007: Request for Final Plat Modification to modify note #4 by
removing the zero lot line and modifying note #10 by removing the
requirement for attached houses from the recorded plat for Windham
Place by Eagle Spring Investments, LLC -east side of North Meridian
Road, approximately'/z mile of East Ustick Road:
Meridian City Council
January 6, 2009
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De Weerd: I will open the public hearing on Items 12 and 13 for RZ 08-007 and MSP
08-007. I will open this public hearing with staff comments.
Friedman: Thank you, Madam Mayor, Members of the Council. This is an application
for a rezone and final plat modification for an approved plat known as Windham Place.
It's located on the east side of Meridian Road, approximately one half mile south of
Ustick Road. And just as a little bit of history, this plat was approved with 23 lots. The
intent was to have 22 attached single family dwelling units and one detached dwelling
unit. That plat was approved in March 2006. Since that time the developer has found
that with shifts in the market and so forth, that it was more advantageous to revise the
plans to develop single family detached houses and, thus, the request for the rezone.
The current rezoning of R-8 doesn't allow them to get the size house on the size lot that
they need. So, in essence, the density on the project will remain the same. There is no
increase on the number of lots. It's just the lot width would be reduced to accommodate
a narrower house. The highlights of the proposed development is that the proposal is to
rezone approximately five acres from the R-8 medium density zoning district to the R-15
medium high density zoning district and, concurrently, the application has submitted a
final plat modification striking the note that removes any reference to zero lot lines and
modifying note ten removing a requirement for solely attached houses for the site. In
addition, the development agreement was not required when the original development
was approved. Staff recommended and the Commission concurred that one should be
required and the proposed requirements are identified below, which I'll get to in a
moment. The applicant has submitted elevations for the houses that would be going on
lots should Council approval this application. At the public hearing, the only person
speaking in favor was the applicant's representative, Peter Hams. There was no one
speaking in opposition and no one just commenting. The only written testimony we
received was a written response of the applicant to our staff report. Actually, the only
key items of discussion for the Commission was just trying to get to an understanding of
the difference of the dimensional standards of the R-8 zoning district regarding single
family detached and single family attached homes. The Commission reviewed the staff
report and testimony and did vote to recommend approval. The only real change to our
recommendation is that they wanted us to initiate a change on DA provision number
four that originally had limited access to Meridian Road, to strike that because there was
one lot on the plat that does take access to Meridian Road and that was, essentially,
one of the parent parcels that was approved with the application. All other lots take
access from the side streets from Woodbury. So, as I said, Council held the public -- or
Commission held a public hearing on December 4, 2008, and after taking public
testimony did vote to recommend approval to you and they did recommend that a
development agreement be prepared and adopted and that would be subject to three
conditions. One, that the future homes shall generally be consistent in appearance with
the elevations that were shown on Exhibit A, but the applicant shall construct homes on
the site that contain the following design features: Varying pitch roof design, including
gable and hip roof line -- roof lines facing the street. Shutters around the window on the
front facades. Substantial pillars with substantial bases and front facades accented with
brick, stone, and any other type of masonry. A garage door with a glazing element and
covered porch areas. Building materials should be of a quality, including, but not limited
Meridian City Council
January 6, 2009
Page 12 of 59
to, wood siding, hardy plank siding or stucco, and incorporating varying siding materials,
wide planks, narrow planks, board and batten, cedar shingles in a minimum of two field
colors and one trim color. So, what we are after looking at here is you're going to have
a series of smaller homes, but adding some quality to them in varied newer color and
textures and architectural features. And second condition for the development
agreement would be any future subdivision uses or construction on the property comply
with our zoning ordinances in effect at the time the application was submitted. And,
finally, that the subject site shall be developed with single family homes. We are not
trying to make the distinction between single family attached and detached, but you
could do single family attached or detached, provided that each home comply with the
R-15 building setback regulations and not encroach into any easements. So, with that I
would be happy to answer any questions or wait until you have heard from the
applicant.
De Weerd: Thank you. Council, any questions for staff at this time?
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I got lost in the discussion of provision four from the development agreement.
Is the end result that Lot 1, Block 1, which was the only lot with access to Meridian is
giving that up or --
Friedman: It is maintaining that and we are removing that from the development. We
had proposed that and we are removing that from the development agreement to make
it clear that they may maintain their access to Meridian Road.
Zaremba: For that one lot only?
Friedman: For that one only. That's correct.
Zaremba: Thank you.
De Weerd: Okay. Anything further? Okay. Is the applicant here this evening? Happy
New Year.
Hams: Good evening. Madam Mayor, Members of the Council. My name is Peter
Hams. I'm at -- reside at 6951 Duncan Lane in Boise. I want to compliment you on
your nice beautiful building. This is my first time here. Very nice. We are in agreement
with the staff recommendations on this. We look at this as a relatively simple request
and I don't have much to add to this, other than the fact that, you know, we -- we built
some homes in there already and intend to build the rest of the homes and develop the
property. The development is incomplete. Landscaping is in. Walking paths are in.
Meridian City Council
January 6, 2009
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Fire hydrants. Pressurized irrigation. Everything else. We marketed attached products
out there for six to eight months and most of the comments from perspective buyers
were we are looking for detached products and this was one way that we could provide
it. So, after working with staff we came up with this proposal to do this and this is what
we are looking at getting approved tonight. With that I will answer any questions you
may have and go from there.
De Weerd: Thank you. Council, any questions for the applicant?
Bird: I have none.
De Weerd: Okay. Thank you, sir.
Harris: Thank you very much.
De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide
testimony on either of these items? Okay. Seeing none, Council, any further
information from staff or the applicant? If not, I would entertain a motion to close.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we close the public hearing RZ 08-007 and MFP 08-007.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second to close the public hearings on Items
12 and 13. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Item 12. Any discussion on this item?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no discussion, I'd move that we approve RZ 08-007 and to include all
staff, applicant, and public testimony.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second on Item 12 to approve. Any
discussion? Okay. Madam Clerk.
Meridian City Council
January 6, 2009
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Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carved.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Item 13.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve MFP 08-007 and include staff, applicant, and public testimony.
Hoaglun: Second.
De Weerd: Okay. Motion and a second to approve Item 13. Hearing no discussion,
Madam Clerk.
Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: Thank you. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 14: Public Hearing: VAC 08-006 Request for a Vacation of the public utility
easement platted on Lots 7-8, Block 3 of Gardner-Ahlquist Gateway
Subdivision No. 2 by Horrocks Engineering -east side of Eagle Road,
approximately'/ mile south of Franklin Road:
De Weerd: Item 14 is a public hearing on VAC 08-006. I will open this public hearing
with staff comments.
Friedman: Thank you, Madam Mayor, Members of the Council. This is an application
for a vacation of a utility easement for the Gardner-Ahlquist Gateway Subdivision No. 2.
It's located at the southeast comer of Eagle Road and Franklin Road. The applicant,
through their engineer, Horrocks Engineers, has requested approval to vacate a ten foot
wide public utility easement located along the southern boundary of Lots 7 and 8 in
Block 3 of the Gardner-Ahlquist Gateway Subdivision No. 2. The reason for the
proposed vacation is to accommodate an expansion of building a to house medical
equipment on the south side of the buildings that are currently under construction. The
applicant states there is no infrastructure located within the designated easements and
additional public utilities are provided elsewhere on the site and can be provided to
those buildings on the other easements that are designated within the recorded
subdivision. The applicant has provided proof of relinquishment of the easements by
Idaho Power, Intermountain Gas, Qwest, Cable One, and Nampa-Meridian Irrigation