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HomeMy WebLinkAboutFebruary 19, 2009 P&Z MinutesMeridian Planning & Zoning Commission February 19, 2009 Page 14 of 32 Moe: Commissioner Newton-Huckabay. Newton-Huckabay: I recommend we close the public hearing on 09-003 -- or am I continuing it to the end of the meeting? Moe: Well, the public hearing you can close and then -- Newton-Huckabay: Okay. Moe: -- just postpone action on it. Newton-Huckabay: And AZ 09-001. Marshall: Second. Moe: Did you ask for the postponement as well? Newton-Huckabay: No. I closed the public hearing. Moe: I'm song about that. It's been moved and seconded to close the public hearing on the CPA 09-003 and AZ 09-001. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Newton-Huckabay: Mr. Chair, I recommend we postpone action on CPA 09-003 and AZ 09-001 until the end of the meeting in the event that one of the other Comprehensive Plan amendments before us may have to be continued to a later date. Marshall: Second. Moe: It's been moved and seconded to postpone action until the end of the meeting on CPA 09-003 and AZ 09-001. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 9: Public Hearing: CPA 08-012 Request to add 54.9 acres of land to the Comprehensive Plan Future Land Use Map with designations of "Public/Quasi Public" and "Low Density Residential" for River Planning Area by City of Meridian Planning Department: Moe: At this time I'd like to open the public hearing on CPA 08-012 for River Planning Area and ask for the staff report. Meridian Planning & Zoning Commission February 19, 2009 Page 15 of 32 Hood: Mr. Chair, Members of the Commission, my pleasure to be in front of you again this evening. This is the second CPA map amendment on your agenda this evening and this map amendment is located on the north and south sides of Duck Alley, which doesn't show up very well on the overhead map, but it bisects that property and goes back out to Linder Road, so that's the beginnings of Duck Alley and, then, it continues to the west and currently terminates approximately middle part of this -- this property. And the subject site is on the south side of the south channel of the Boise River. It's approximately a half mile west of Linder Road. The city is the applicant on this application and has initiated it. The request is based on these parcels kind of being an outlier from the previous Comp Plan amendment for the Phyllis Canal, which has been I think a little over a year now since that -- those properties were added. They show up pretty well on -- on this existing map. Everything in green here is currently on the City of Meridian's map and, then, these parcels -- subject parcels tonight were left off of that application. You may recall that application was put together by the property owners in this area. At that time that petition was not signed by these property owners. Since this area has been added to the City of Meridian's map. We thought it made the most since for planning for Eagle, who is on the other side of the Boise River and Meridian to have this subject area be part of Meridian as well. Again, just for servicing purposes, having an enclave of Eagle at the far north end of Meridian didn't seem to make sense, so -- Mr. Friedman had a meeting and invited those property owners and city of Eagle staff to the meeting to discuss this application and subsequently submitted the application. So, there are approximately 55 acres in the subject area that we are proposing to add and there are two designations that follow on this -- on this project. You all can see my pointer, right? Okay. So, the two designations are public/quasi-public, which would be everything that's within the FEMA designated floodway, and low density residential, which would be everything that's outside of the floodway of the Boise River. As you may or may not recall, our Comprehensive Plan is not an exact guide when it comes to property lines and designations as such. So, this line can float somewhat along there. The main reason -- so, if the floodway ever changes, our designation would, essentially, change with it. The main intent is to have anything that's in the floodway or the channel of the Boise River to be, essentially, not developed with anything due to flooding concerns. Even areas as we get into different floodplains, standards could change over time and this designation allows for some -- some residential, just not quite sure how much may be appropriate, so we will have to evaluate that as we see application in the future for annexation into the City of Meridian. So, the two designations on the floodway line, which approximately does this number. It hugs pretty closely to property lines there and, then, it clips this. So, basically, all this is -- has low density residential designation proposed. This larger trunk here and, then, a small comer of this are also in the current floodway and are proposed to be public/quasi-public. Just a point of clarification, too. The city limits are quite a ways away on this. You can see part of the Tree Farm has annexed. All of this is the Tree Farm. You can see some of the city's. But there are still quite a few properties in between. We don't anticipate this area to develop anytime soon and we aren't proposing to annex those properties at this time. They aren't eligible. They aren't contiguous and there isn't a plan if you want to annex them. Also, regarding along the same lines and the sewer service to those properties we have talked about and have a preliminary plan to serve this area, but we don't have Meridian Planning & Zoning Commission February 19, 2009 Page 16 of 32 any detailed plans on when and how that's going to happen. JUB has actually been hired by the Public Works Department to investigate that further, see how much capacity we actually have at the sewer treatment plant and that will tell us exactly or roughly how many dwelling units we can anticipate in this part of the city. So, that will have to be clear that we haven't -- we don't have a master plan to provide service to these folks, but we are evaluating how that will work in the future as development approaches this part of town, so -- as you might imagine, this -- this area is rural in nature. There is at least one home on the properties out there. I have not driving it myself, but I have looked at aerials. I know that there are quite a few folks that use it for sportsmen type activities, walking, hiking, fishing, hunting and the like. So, it still has a rural character. All of the properties out there are zoned RUT in Ada County currently. I would say that I wouldn't say that there are any outstanding issues with this application. I have talked to a few of those property owners now and Rodney Wells, who is a property owner right here did write a letter and submitted it as part of the record and he is concerned about the current use of this property. Again, he's one of those that uses it to hunt and fish from and is going to invest a little bit more in some wildlife habitat on his area and wants to continue that use and is letting the city know that he doesn't have any plans to develop, but he does have plans to -and plans to continue to use his property in that manner and is somewhat concerned about residential being constructed right up to it as those hunting and residential doesn't seem to be a good match, at least side by side match. So, I think we can talk quite a bit about that and we will certainly include him in any development applications that he has as we approach the land with that. I did also talk with Scott Bishop this afternoon. He's a property owner that owns approximately half of this area. He owns the two parcels here. Actually, I think there is three parcels -- these three parcels here. He -- he hadn't spent a lot of time evaluating it. Not to put words in his mouth, but he didn't -- he couldn't think of anything off the top of his head that would be overly concerning to him. He may be in the audience tonight, but we did have that discussion later this afternoon. He also uses his property for some hunting, so just to keep that in mind. Again, we kind of are viewing this as somewhat of a clean up - oh, maybe another point that's in the staff report that I should make. On December 17th the Ada County Board of County Commissioners actually approved the city's request to include this within the city's area of impact. So, this area is already included in our area of impact. We are kind of retrofitting our future land use map to also add this to our map and designate it for land uses. So, we have been kind of all over the place with those. Sometimes they go hand in hand; sometimes we add them to our map before the county approves them. In this case the county approved it before adding it to our map. But we are working in conjunction to clean that up. So, I think that's all I had. With that I will stand for any questions you may have. Moe: Any questions? Marshall: I don't. Moe: Thank you. Well, that was the applicant, so, therefore, there is no one signed up to speak. Is there anyone in the in the audience that would like to, please, come up, state your name and address. Meridian Planning 8 Zoning Commission February 19, 2009 Page 17 of 32 Timmons: My name is Jeny Timmons. I live at 2228 West Duck Alley. I'm a property owner there. I have 13.2 acres there. And I was wondering what you considered low density. I know you said that it would depend on whether the -- the river flood plain changes or whatever. It has changed. As of last year it has changed quite a bit from FEMA and there is quite a bit more property there that's buildable. But at this time we are not interested in building or anything like that, we'd just kind of like to know what -- you know, how many residents could be put on that, you know, at this time or later on. And it's a great recreational property. We do have a lot of people hunting down through there, but it is private, it's not just open to the public, you know, we let people down through there. How is this going to affect our addresses and stuff like this because we was with an Eagle comprehensive plan and we have an Eagle address, Meridian phone number, and we pay taxes to the Star cemetery. Moe: Okay. I will -- okay. Thank you very much. Any questions of this gentleman? Newton-Huckabay: I have none. Moe: Okay. Thank you very much. You will get some answers. Is there anyone else that would like to speak on this hearing? All right. Thank you very much. Well, now that the questions are done here and the staff -- or the applicant can answer these, then, maybe. Hood: Which hat would you like me to wear? The first -- the first question that Mr. Timmons asked on the low density designation, the range for that is zero up to three dwelling units per acre. So, that's -- that's -- the maximum density would be three. The least amount of density would be zero. So, that's the range for the low density designation. Understand you're not interested in developing now. When you -- or if you ever do, the addresses -- and I'm curious -- that's Meridian School District, too, so you have got a bunch of different folks. But I don't believe that your address would have to change. You can still be a Meridian -- citizen of Meridian and carry another address, although I would want to confirm that, I guess, with the postal service just to see what happens. But that wouldn't be initiated by the city, it would be when you would propose a change or want to be a subdivision out there or something of the like or -- or Duck Alley changes in some manner and is renamed. So, there certainly wouldn't be anything -- overnight you won't see any of those changes, it would be something that you initiate and we would react like we do to any other development. Those are the couple questions that I had down. Did I miss something there? Friedman: There is one other -- one other point, Mr. Chairman, Commissioners. I think the other question was what would the allowable density be. As Caleb said, under our plan it's zero to three dwelling units per acre. However, since all we are considering is a Comprehensive Plan amendment and not an annexation, you still remain in unincorporated Ada County, so anything that you propose to do there -- say you decided you wanted to split that up, you would be governed by the RUT zoning designation, which I believe is one dwelling unit per five acres, but you would have to Meridian Planning & Zoning Commission February 19, 2009 Page 18 of 32 consult with them, but, again, you know, anything -- you know, any building permits or anything like that, until you annex or choose to annex will still go through Ada County. Baird: Mr. Chair? Moe: Yes. Baird: There was one -- possible one more question about the cemetery district. All districts that they are in, those boundaries would remain unchanged and they continue to pay taxes to those districts. Moe: Okay. Thank you. Newton-Huckabay: Mr. Chair? Moe: Commissioner Newton-Huckabay. Newton-Huckabay: I recommend we close the public hearing on CPA 08-012. Marshall: Second. Moe: It's been moved and seconded to close the public hearing on CPA 08-012 for River Planning Area. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Newton-Huckabay: Mr. Chair, I move we -- Moe: Postpone action. Newton-Huckabay: I'm postponing my brain, apparently. We postpone action on CPA 08-01 Z until the end of the meeting in anticipation of other CPA applications to be heard. Marshall: Second. Moe: It's been moved and seconded to postpone action on 08-012 until the end of the meeting. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 10: Public Hearing: CPA 08-013 Request to change the text of the Comprehensive Plan revising the name of the Mixed Use WWTP designation to Mixed Use Non-Residential for the Mixed Use Non- Residential Text by City of Meridian Planning Department: Meridian Planning & Zoning Commission February 19, 2009 Page 26 of 32 Marshall: End of motion. O'Brien: Second. Moe: It's been moved and seconded to send onto City Council approving CPA 08-013 for Mixed Use Nonresidential text as noted. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Marshall: Eleven. Mr. Chair? Moe: Mr. Marshall. Marshall: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number CPA 08-014 as presented in the staff report for the hearing date of February 19th, 2009, with no further comments. Moe: I thought we were noting that same information. Marshall: Oh, do I have to note the same information on this one as well? Moe: Yes. Baird: Mr. Chair, I would think you don't need to, because what it's doing is incorporating what you just recommended in 08-013. Moe: Okay. I follow you. Okay. I'm song. Okay. O'Brien: End of motion? Second. Moe: All right. It's been moved and seconded to approve to City Council CPA 08-014. All those in favor say aye. Opposed? That motion carves. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 9: Public Hearing: CPA 08-012 Request to add 54.9 acres of land to the Comprehensive Plan Future Land Use Map with designations of "Public/Quasi Public" and "Low Density Residential" for River Planning Area by City of Meridian Planning Department: Marshall: Mr. Chair, after considering all staff, applicant, and public testimony, I move to recommend approval to City Council of file number CPA 08-012 as presented in the staff report for the hearing date of February 19th, 2009, with no comments. Meridian Planning & Zoning Commission February 19, 2009 Page 27 of 32 Moe: Would you -- 08-012 is what you -- Marshall: 012. Yes. Moe: Okay. That's fine. Marshall: Thank you. Moe: Second. Moe: It's been moved and seconded to approve -- send onto City Council requesting approval of CPA 08-012 for River Planning Area. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 7: Public Hearing: CPA 09-003 Request to change the Comprehensive Plan Future Land Use Map designation on 2.051 acres of land from "medium density residential" to "commercial" for Goff by Garland Goff and Shannon Hamrick -1665, 1705 and 1725 W. Pine Avenue: Moe: Now, we are going up. Okay. Marshall: And, Mr. Chair, I assume we want to do CPA 09-003 before the AZ. Moe: Yes. That's what I'm waiting on. Marshall: Okay. Mr. Chair, after considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number CPA 09-003 as presented in the staff report for the hearing date of February 19th, 2009, with no further comments. O'Brien: Second. Moe: It's been moved and seconded to approve CPA 08-003. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 8: Public Hearing: AZ 09-001 Request for Annexation and Zoning of 0.76 of an acre of land with a C-N zoning district for Goff by Garland Goff and Shannon Hamrick -1725 W. Pine Avenue: Newton-Huckabay: Commissioner Marshall, this is going to be a motion record for you I think.