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HomeMy WebLinkAboutOctober 2, 2003 P & Z CommMeridian Planning and Zoning Commission Meeting October 2, 2003 Page 16 of 71 Borup: Well, maybe just equipment incidental to their business use. Centers: Yes. So included. A contractor's shop and yard to be defined as their warehouse slash office and materials stored related to their business and excluding all heavy equipment or contractor's equipment, for example, backhoes, et cetera. Office hours shall be no less, no greater than 6:00 a.m. to 7:00 p.m. I say 6:00 a.m., because people should get up at 6:00, especially if they work for me, so they can get to work on time. I had a problem with that lately. Strike item 2-E and in the applicant's submission they refer to an expansion, that item would only be applicable to Michael's of Oregon expansion, as requested. End of motion. Rohm: I will second that. Borup: Motion and second. Any discussion? Did we make -- did you make note that the applicant said they would comply with the open space? Centers: Yes. Borup: That was -- you mentioned that? Okay. We have a motion and second. All in favor? Any opposed? Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Public Hearing: RZ 03-010 Request for a Rezone of 4.47 acres from R-4 to R-8 zones for proposed Woodside Creek by Woodside Properties, LLC - 1115 North Ten Mile Road: Item 7: Public Hearing: PP 03-025 Request for Preliminary Plat approval of 15 building lots and 5 other lots on 4.47 acres in a proposed R-8 zone for proposed Woodside Creek by Woodside Properties, LLC - 1115 North Ten Mile Road: Borup: The next application is items six and seven, Public Hearing RZ 03-010, request for rezone of 4.47 acres from R-4 to R-8 zones for proposed Woodside Creek by Woodside Creek Properties, 1115 North Ten Mile Road. And PP 03-025, request for Preliminary Plat approval of 15 building lots and five other lots on the same 4.47 acres, both R-8 zone. Like to open both Public Hearings at this time and start with the staff report. Kirkpatrick: Chairman, members of the Commission, this is an application for a rezone from R-4 to R-8 and it's a Preliminary Plat for 15 building lots. This is an in-fill development that will be north of the Berkeley Square Subdivision. It's located on Ten Mile Road approximately a half mile south of Cherry. There is currently one existing home on the property, which will remain on the property. Let's see. I will go to the site plan. That's the aerial. There is one existing home, which will remain on the property. They will be given up their access to Ten Mile Road and there will be no access points Meridian Planning and Zoning Commission Meeting October 2, 2003 Page 17 of 71 off of Ten Mile Road. All access to the subdivision will be through Berkeley Square. The proposed rezone meets the Comprehensive Plan. It's designated medium density residential and they are asking for an R-8 zone, which is compatible. And the Preliminary Plat meets all code requirements for Preliminary Plat. Do you have any questions of staff? Mathes: I have a question. Kirkpatrick: Okay. Mathes: On the fire comment by Joe Silva, can you explain number three where it says minimum of two points of access with 50 homes? Are they including -- is that Baldwin or -- or whatever it is below it. Kirkpatrick: Oh, it's Berkeley Square to the south Mathes: Berkeley Square. Is that -- are they including that? Because they are coming in off of Berkeley Square? Kirkpatrick: Let's see. Let me get those comments. Let me see if I have another picture that shows Berkeley Square. No. Mathes: I believe it makes like 51 homes if they are including Berkeley Square. Kirkpatrick: Unfortunately, I didn't clarify this point with the Fire Department. This -- I mean this project is, technically, completely separate from Berkeley Square, but I don't know if the fire chief is looking at this as functionally being a part of Berkeley Square, because it shares that access point. Mathes: Right Kirkpatrick: I think that if we can't come to a decision tonight, we definitely want to condition that before it goes to City Council, that needs to be clarified, and we need to either add an emergency access point or receive approval from the Fire Department on the proposed plan. Since I'm not Joe Silva, I don't want to interpret what he meant here. I don't know -- it possibly could be -- yes, I don't want to -- I'm afraid to interpret it for him. Borup: Where does that 50 homes come from? Is that -- that's not city ordinance. Kirkpatrick: It's part of the International Fire Code. Borup: It is part of-the Fire Code? Kirkpatrick: You have to have two access points for every 50 homes. Oh. Correction. Oh, actually, it's our Fire Marshal's interpretation of that. Meridian Planning and Zoning Commission Meeting October 2, 2003 Page 18 of 71 Borup: That's what I was wondering. I mean we have had some others where we said they had to have another point once we reached a hundred homes, I believe. That was a project that did have future access, so there may be a little bit of flexibility there and maybe one home is -- Freckleton: Mr. Chairman, members of the Commission, the -- I believe the International Fire Code states 30 before a secondary access has to be provided. Borup: Thirty Freckleton: Joe Silva and our Planning Director and representatives from Public Works Department got together and looked at -- looked at the code, looked at requirements in other areas, and settled in on 50. The International Code, (believe -- correct me if I'm wrong, Brad, but I believe it gives the Fire Marshal some flexibility to set his number. So, that's haw we arrived at the 50. Borup: Okay. And how was the decision not to have access to Ten Mile? Was that -- was that staff encouragement or is that the applicant's desire? Kirkpatrick: It was a recommendation of the Highway District. Borup: Okay. Thank you. Any other questions from -- did you have some other, Commissioner Mathes? Questions from any Commissioners? Would the applicant like to make their presentation? Cook: Mr. Chairman, members of the Commission, my name is Richard Cook, I'm with Briggs Engineering, 1800 West Overland Road, City of Boise, here tonight representing the applicant on this project. We, for the most part, are in favor of all the comments within the staff report. This is a subdivision that -- a rezone and a subdivision that consists of slightly over four acres and it is an in-fill project. We feel like we have come up with a very good design. We have a lot of open space. The five common lots that you see -- Lot 14 is frontage far future right of way by the Highway District and, then, we have our landscape buffer in through here with an easement going around the house right here, because the house does extend into the landscape buffer just a bit. Then, we have a large open space area here, nearly 15,000 square feet, which will serve as a mini park for the development. Then, we have a micropath right here, Lot 4, that goes up against the fence for the Chaparral Elementary School and in this particular area we will modify the fence to allow access for school children from this development, as well as Berkeley Square to give them safe, easy access into the elementary school. I do have an approval letter here from the -- from Wendell Bigham with the school district regarding that particular micropath. During the discussions that we had with the staff and Ada County Highway District on this particular development, we were allowed to eliminate a five foot sidewalk that went around this park area, because of the reduced street sections that we were proposing. We had proposed a 29 foot wide street section within a 42 foot right of way. A meeting I had with Deputy Chief Silva on this, he had Meridian Planning and Zoning Commission Meeting October 2, 2003 Page 19 of 71 some concerns about that 29 foot wide street section and he wanted us to widen it out a bit and I said, well, seeing how we have been allowed to remove that sidewalk from around the park, that gives us five additional feet, how about three more feet for the street section, giving it a 31 foot wide street section. He was in total agreement with that. However, after that I learned that the Highway District likes their street sections either at 29, 33, or 36. So, I have gone back and we have widened that street section out to a full 33 foot wide street section within that 42 foot right of way. So, that gives the Fire Department much -- much better maneuvering room within this subdivision. When I sat down with Deputy Chief Silva and discussed this, the issue of secondary access was never brought up. He felt that what we had proposed here was more than adequate and I'm somewhat surprised by that condition three in that report that was submitted along with the staff report. I don't know how we could provide secondary access anywhere within this subdivision. We have a developed area to the north, developed area to the south, developed area to the -- what would that be -- Borup: West Cook: West. Thank you. And, of course, trying to take access out onto Ten Mile is something that the Highway District is opposed to and it would also really interfere with the landscape along the Ten Mile frontage. We have a lot of mature trees that are existing along this frontage and that, of course, would require removal of some of those nice looking trees that are along there right now, without mentioning the fact that we would also lose a lot. That would have a significant impact on this development. And as staff pointed out, we are not a part of the Berkeley Square Subdivision, this is a totally separate project. So, I think that's something that we will have to work out with the Fire Department between now and Council. Condition one in the staff report, it requires -- or says that we should have 20 foot wide common lot at this location for sewer. In earlier discussions with Public Works staff, we talked about being able to provide a 15 foot wide easement or common lot through here if our sewer depth was no more than six or seven feet. Lot 12 right now is at 6,510 square feet. If we have to encroach any further into this lot with a common lot, it's going to drop us below our 6,500 square foot minimum and -- Centers: Could you go the other way? Cook: -- that, of course, could cause problems. I beg our pardon? Centers: Can't you go the other way? Cook: We had taken the major slice of it out of this lot up here and I suppose if we -- if push comes to shove, we might be able to do more. I am concerned about maintaining the correct amount of frontage. Although I think in this particular case, because it is on a curve, we can go down to as little as 40 feet on our frontage. So, that may be a doable situation. But I would like io point out that this particular proposal that we have right here for tapping into the sewer at this point off of Ten Mile and coming through this way is not carved in stone yet. There is a sewer stub right down here on North Cliff Meridian Planning and Zoning Commission Meeting October 2, 2003 ' Page 20 of 71 Creek Avenue and that's at that location and the -- when they developed Berkeley Square, I guess the individual involved in Berkeley Square had at one time designs to take over this particular piece of property and develop it as well and as a result of that, the sewer was designed to accommodate being able to sewer this particular piece through the sewer in Berkeley Square. When we surveyed this, though, it looked like it was a little bit shallow and it wouldn't -- and perhaps not be doable and in speaking with my engineers today, they thought, well, perhaps we can do it after all and it may require a little bit of fill on that site, but it's something that may be doable. We would have to use a heavier gauge sewer pipe because of the shallow depth of the sewer, but it is something that we can work out. So, if that happens, if we can do this, that is something that we would prefer to do, we would prefer to connect to the sewer stub that's in this North Cliff Creek Avenue street right here and that would, of course, eliminate all the concern over here with the sewer going out to Ten Mile. And I think that pretty well covers our concerns. I understand there may be some drain -- drain pipes that run diagonally across this site and we will have to address that problem to make sure that we continue those drain fields. Does Public Works staff have a plan that shows where those are? Freckleton: Mr. Chairman, members of the Commission, Mr. Cook, we do have the as- built drawings for Berkeley Square that show their alignments of those tiles that they put in to accommodate the drain coming across this parcel here. So, we can provide those to you. That's not a problem. Cook: Very good. With that I will include my remarks and request your approval of our rezone application and our Preliminary Plat and stand for any questions that you may have. Borup: Questions from the Commission? Centers: Yes, Mr. Chairman. First, I would assume someone thanked the Planning and Zoning for requiring a stub street there on Berkeley Square. Cook: Oh, absolutely. Centers: Okay. Are there any other reasons to require stub streets? Otherwise -- otherwise. So, you're saying that this street is going to be 33 feet wide here, here, and here? Cook: That's correct. Centers: Okay. The entrance, too. Cook: Right. Centers: You would be okay with a condition that two accesses is required by this Commission, unless approved otherwise by the fire chief prior to the City Council? Meridian Planning and Zoning Commission Meeting October 2, 2003 Page 21 of 71 Because you said you spoke to fiim, he made no mention of it, so I guess we will put it back in your -- my proposal, anyway, we put it back into your lap that you go back to the fire chief and get him to sign off on no second access, since you're giving him a 33 feet street. Cook: Mr. Chairman, Commissioner Centers, that's correct, I definitely will be getting back with Deputy Chief Silva on this and, hopefully, he will be real thankful that we have a full 33 foot wide street section and see that as an adequate solution. Centers: Then, the sewer easement, what I recommend is that, you know, you comply with the 20 feet as requested, unless sewer access changes, unless you utilize -- meaning this. Cook: Correct. Centers: Okay. That's all I had. Thank you. Borup: Any other questions? Rohm: I think that covers it. Borup: A question for staff on the sewer easement. The 20 feet -- yes. Mr. Freckleton. The 20 feet is intended for maintenance? Is that the main reason for that width? Freckleton: Mr. Chairman, members of the Commission, the width is for maintenance, for -- if we got to get in there and dig it up, we got to have room for equipment. We need that 20 foot width. Borup: And the point I was getting to -- and I can understand that and it makes sense, but how much consideration to give to the depth of the sewer line. If you're needing to maintain or repair a sewer line that's four feet deep or one that's 16 feet deep, there is a difference in the amount of area you need. Freckleton: Certainly. I mean there is a difference in the equipment that you're going to use to do that job. Borup: Right. Freckleton: If it's four feet deep, I don't want to be digging that by hand, it's going to take a backhoe to -- Borup: Well, no, it's still going to need equipment. Freckleton: Yes. So, 20 feet is about the minimum operating room that you'd need to dig. On this one we have -- Meridian Planning and Zoning Commission Meeting October 2, 2003 Page 22 of 71 Borup: I guess what I'm getting to, if you need 20 feet to dig a sewer line that's four feet deep, one that's 15 feet deep is -- 20 feet is not enough, then. Freckleton: One that's 15 feet deep I don't think the Public Works Department would sign onto it going down between lots, we would want it in a public right of way. Borup: Okay. That answers that question, then. Freckleton: This particular one we have man holes in the public right of ways. You know, if we end up with a clog that we got to go out and take the hydroflush equipment to it, we can get to the man holes within a public right of way. So, far as day-to-day maintenance, it's -- you know, we are not going to need access it. It's -- Borup: Not in your lifetime, probably. Freckleton: -- in the event that that thing -- you know, we have to dig it up, because it's broke or something. Borup: Okay. So, probably not a lot of flexibility on that 20 foot, then. Centers: Thank you. Cook: Thank you. Borup: Thank you. Do we have anyone here to testify on this application? Seeing none -- it looks like everybody is here for something else. Commissioners? Centers: I don't have any other questions or comments. Ithink it's pretty straight forward and a good in-fill project. As I said, I think -- well, you see a stub street requirement necessary all the time. So I would move -- Borup: Our only thing that needs to be worked out is the location of the sewer access. Centers: Well, Ithink --Ithink he agreed he can give us 20 feet and take it from that lot to the south, unless he changes his access to the other proposed -- Borup: Okay. Centers: Ithink it's pretty straight forward. Borup: Okay. They have the option of going either way. Centers: Yes. So, I would move we close the Public Hearing. Rohm: I'll second that. Meridian Planning and Zoning Commission Meeting October 2, 2003 Page 23 of 71 Borup: Motion and second to close the Public Hearing. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Centers: Well, I made some notes, so I will continue on and would recommend approval of item six on our agenda, it's RZ 03-010, it's a request for a rezone of 4.47 acres from R-4 to R-8 zones for proposed Woodside Creek by Woodside Properties, LLC, 1115 North Ten Mile Road, including all staff comments from their memo dated -- date stamped August 22nd. What am I looking at? That's not the right page. That was from Nampa-Meridian. Cancel that. From our memo -- the staff's memo dated -- hearing date October 2nd, received September 29th. End of motion on the rezone. Mathes: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Centers: Would also like to recommend approval of item seven on our agenda, it's PP 03-025, it's a request for a Preliminary Plat approval of 15 building lots and five other lots on 4.47 acres in a proposed R-8 zone for proposed Woodside Creek by Woodside Properties, LLC, at 1115 North Ten Mile Road, including all staff comments and with the following amendments. Page six, item one, simply add: Unless sewer access changes. Then, of course, that paragraph would not be applicable. I guess let's make it item 10 on page seven, all streets to be 33 feet minimum width. Let's just make it item 11, the Fire Department's requirement for two accesses to the subdivision shall be resolved prior to City Council Meeting, otherwise, two accesses are required, unless the Fire Department signs off and agrees to waive that requirement. End of motion. Mathes: Second. Borup: Motion and second. All in favor? Any opposed? Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Public Hearing: PP 03-026 Request for Preliminary Plat approval of 15 building lots on 4.15 acres in an L-O zone for Stokesberry Subdivision No. 2 by Properties West, Inc. -west of North Eagle Road and north of East Fairview Avenue: Borup: Next item is PP -- Public Hearing PP 03-026, request for Preliminary Plat approval of 15 building lots on 4.15 acres in an L-O zone for Stokesberry Subdivision No. 2 by Properties West. Like to open this hearing at this time and start with the staff report.