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HomeMy WebLinkAboutAugust 7, 2003 P & Z MinutesMeridian Planning and Zoning Commission Meeting August 7, 2003 Page 43 of 104 Zaremba: I move the Public Hearing on Item 7 be closed. Mathes: Second. Borup: Motion and second to close Item Number 7, all in favor? MOTION CARRIED: THREE AYES. ONE ABSENT Zaremba: I would guess the only item for discussion is Item 6-H on Page 5. Borup: Has staff expressed how they felt? Zaremba: I think it's a clever idea to have it be compact spaces, but I'm more inclined to go with the staff request to just taking the two spaces out. Somebody who comes into this spot is not going to learn it's a compact space until they are already in it and they could be in it with a larger car. I just think it makes it -- as long as they have enough spaces anyhow, I think it makes it easier to get somebody out of there if we give them a backup space and that would be done by complying with it the way the staff asked for it. Borup: So, then, that would not be modifying any of the staff comments, then. Zaremba: That would be leaving the staff comment the way it is, as clever as I thought the compact idea was, any objection to that? Mr. Chairman? Borup: Commissioner. Zaremba: I move we forward to the City Council recommending approval of Item 7 on our agenda, CUP 03-033, request for a Conditional Use Permit for a professional dental office in an L-O zone for Millennium Dental by Millennium Dental. South of east Overland Road on South Millennium Way, to include all staff comments of their memo for the hearing date August 7, 2003, received by the City Clerk July 31, 2003. Mathes: Second. Borup: Motion and second, all in favor? Any opposed? MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. Public Hearing: PP 03-021 Request for Preliminary Plat approval of 40 building lots and 6 other lots on 13.85 acres in an R-4 zone for Bear Creek No. 8 by Bear Creek, LLC -north of West Victory Road and east of South Stoddard Road: Meridian Planning and Zoning Commission Meeting August 7, 2003 Page 44 of 104 Borup: Item Number 8, Public Hearing PP 03-021, request for Preliminary Plat approval of 40 building lots and six other lots on 13.85 acres in an R-4 zone for Bear Creek No. 8 by Bear Creek, LLC. I'd like to open this hearing and start with the staff report. Hawkins-Clark: Thank you, Chairman Borup, Members of the Commission. This request is for a Preliminary Plat on land that is already annexed and zoned R-4. The property is shown there in bold. It's on the very eastern edge of Bear Creek Subdivision. Stoddard Road runs north and south and serves Bear Creek here on the west. The Nazarene church has acquired this 35-acre parcel that abuts the property to the east and the remainder of the perimeter on this phase has been constructed. There is the city park located immediately to the north. The reason for the plat being submitted is they had a significant modification from what they were originally got approved on the Preliminary Plat, so their Final Plat would not have complied with the approved Preliminary Plat, so they basically had to start over. Obviously, in terms of phasing the project and naming of the project, will retain the Bear Creek and it will be subject to the CC&R's that are already there, but they have proposed an additional nine lots that were originally -- they were originally shown at 31 lots with this same exact boundary and they have modified it to add nine, so there are 40 buildable lots shown there now. The main change is the configuration of the streets right here. The stub street was already there and they are continuing to show that, but they have added this cul-de-sac, which gave them room to add a few extra lots right there. This north-south street called Bear Claw was basically shown in the same alignment as the original one and this stub street here to the south is also in the same place, so the main difference is here to the north. I think the main item to point out is the special consideration on page three. They were just shy of the required five percent open space that all subdivisions over five acres have to have, so they are going to need to modify that to get another 1,033 or square feet of open space and I have been told by Steve Arnold, Briggs Engineering, that they can do that, so -- and that's all I have. Borup: Okay. Mr. Arnold, would you like to come forward? Arnold: Members of the Commission, forthe record my name is Steve Arnold I'm with Briggs Engineering, 1800 West Overland Road. I'm here. representing Bear Creek, LLC, for this project. Based on the staff report, we have no objections to the report. I'll try to keep my presentation simple and kind of go through and add some of the changes that -- what was presented previously. I'll hand out -- and I gave it to staff, a copy of the approved Preliminary Plat. Or, excuse me, final plat. Zaremba: This was the previously approved -- from which you are asking for this change? Arnold: Correct. We have -- back in 2001, I believe, we submitted a Final Plat, had the Final Plat approved by Council -- actually, the design plans. Then, the developer also required acquired that Kodiak parcel, which stubbed south to that 35 acre Nazarene parcel and, then, one of the additions to this plat is we are providing another stub to the east which also helps sewer the site -- sewer the Nazarene parcel, which is very difficult Meridian Planning and Zoning Commission Meeting August 7, 2003 Page 45 of 104 at this time to sewer. That's one of the main changes also. If you will notice, we've added a -- kind of a traffic island in the center -- if you can go back to the color picture. We have added a traffic island to break up that block length a little bit. Also, by creating the stub street that we did to the east, we no longer require a block length Variance, so, previously, this site had the block length Variance. In consideration of the landscape, this plat we -- and I know it wasn't shown on the Preliminary Plat, but we are doing detached sidewalks. We are in the process of doing the design work right now. The developer has requested that we do the detached, so with that addition of the five feet from the back of curb to the sidewalk, we will have well over the five percent open space, so that's not an issue, so we can comply with that condition. Mainly, the --where we added the nine lots is you can see around the cul-de-sao, we picked up lots on that cul-de-sac compared to the original curvilinear road in there. A lot of the lots along the north-south road, which is the Bear Claw Way, those are between 12 to 13,000. We stepped those down a little bit, they are at about ten and eleven thousand square feet. The smallest lots are in the cul-de-sac that are adjacent to the church parcel, which is assumed for high density residential. We are meeting the R-4 zoning, we are not asking for a Rezone. This parcel has already been Rezoned and annexed into the city. Overall net density still complies with our Comp Plan of less than three units per acre. The main reason the developer's modifying, obviously, is to pick up several lots. We think we have got a more efficient street layout. We don't have to ask for the Variance of the block length. We are asking for your approval tonight, based on the submitted plan, and we will comply with all the staff conditions. I'll stand for any questions. Borup: Questions from the Commission? Seeing none, thank you, Mr. Arnold. Do we have anyone here to testify on this application? Powell: Chairman Borup, Members of the Commission, can we ask the applicant for a clarification? Borup: Yes. On the open space? Powell: Yes, sir. Is that open space to be included in the right of way? Are you asking us to include a landscape strip that would be in the public right of way? Arnold: The landscape strip -- portions of it would be in the right of way. If you don't -- I know on Bear Creek No. 7 we -- that's how we met our five percent and that's what the Council allowed us to use to meet the five percent. However, that was a private road. In this case, if we don't meet the five -- if that open space between the back of curb and sidewalk doesn't comply with your open space ordinance we can do the 1,300. I can add that to some of these common lots easily enough. However, the staff wants us to comply with the open space we will comply with that. Powell: Chairman Borup, the code does state it has to be located on a common lot, so anything within the right of way would not count and I think you're talking maybe about a two foot strip adjacent to the right of way that would be in a separate lot or would it be on the lot that the homeowner purchases? Meridian Planning and Zoning Commission Meeting August 7, 2003 Page 46 of 104 Borup: I think it's both. Isn't that like a -- what is that -- well, what is the width of that grass area? Arnold: It would be -- the stuff that -- the portion of the grassy area that's outside of the right of way is approximately a couple feet, but I will make it easy, we will just provide 1,300 square feet, not including that strip, in a common lot. Powell: You couldn't put it on a common lot, because, then, none of your -- none of your lots would have frontage, so that would be a problem. Arnold: For clarification, I won't use that open -- that in my consideration for open space. Borup: You're saying you're going to increase the size of those two lots, probably? Arnold: Actually, if you go up to Lot 2 up there at the north Borup: Oh, those there. Okay. Arnold: Those there and, then, keep going across to the west, I need some more space for seepage beds, so I will be creating more open space there. I'm not worried about meeting the five percent. Borup: Okay. Arnold: And we will have detached sidewalks regardless. Borup: Well, in my mind, I would be more concerned, other than the fact there is a 17- acre park in the middle of the subdivision, too. I mean even though it's not owned by the subdivision, but, you know, now I don't know if I'm quite as concerned about the open space in a subdivision like this, as opposed to one that didn't have anything, other than we still have the ordinance that needs to be complied with, so -- Arnold: On Beer Creek 6 you waived it, but on this one, since we can meet it, we will provide it. Borup: Okay. Anything else from staff? Okay. Thank you. Did I already ask if there is anybody here to testify in this? No one signed up. Okay. Seeing none, Commissioners? Zaremba: Mr. Chairman, I move the Public Hearing on Item 8 be closed Mathes: Second. Borup: Motion and second to close the Public Hearing, all in favor? Meridian Planning and Zoning Commission Meeting August 7, 2003 Page 47 of 104 Zaremba: Mr. Chairman. Borup: Commissioner Zaremba. Zaremba: I move we forward to the City Council recommending approval of Item 8 on our agenda, PP 03-021, request for Preliminary Plat approval of 40 building lots and six other lots on 13.85 acres in an R-4 our zone for Bear Creek No. 8 by Bear Creek, LLC. North of West Victory Road and east of South Stoddard Road, to include all staff comments of their memo for the hearing date August 7, 2003, received by the city clerk July 31, 2003, with the following -- not change, but comment noted. On page three, special considerations, referring to open space, that wasn't under site-specific requirements, but the applicant has agreed to comply with that and part of their compliance will be adding some common space out of a portion of Lot 33, Block 12, and perhaps some other spaces up to the applicant. Rohm: I will second that motion. Borup: Motion and second, all in favor? Any opposed? Thank you. MOTION CARRIED: THREE AYES, ONE ABSENT Borup: I think this would be an appropriate time to take a break. I did want to mention - - Idon't know if we have anyone here for Item Number 17. Okay. Did I do that right? I just received a note here that the applicant has requested this be continued to the next meeting, which is August 22"d -- or 21St, I mean. I assume the applicant is not here? Is that correct? They have left? Okay. They have -- they have left, so that will be on the agenda for August 21St. I apologize for that. Now, if you would like to stay and present some testimony, we would -- so we would be glad to -- you're welcome to stay and do that when we come to that item. Or if you have some written testimony you'd like to present, that would also -- okay. (Recess. ) Item 9. Public Hearing: AZ 03-014 Request for annexation and zoning of 33.25 acres from RUT to R-8 zones for proposed Tuscany Village by Tuscany Development, Inc. -south of East Victory Road and west of South Locust Grove Road: Item 10. Public Hearing: PP 03-015 Request for Preliminary Plat approval of 136 building lots and 10 other lots on 33.25 acres in a proposed R-8 zone for proposed Tuscany Village by Tuscany Development, Inc. -south of East Victory Road and west of South Locust Grove Road: Item 11. Public Hearing: CUP 03-029 Request for a Conditional Use Permit for a Planned Unit Development with reduced lot widths and setbacks for the