Minutes - 2020 - Planning & Zoning - 06/01/2020 - RegularTHE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
June 1, 2020
Minutes
1. CALL TO ORDER: Meeting called to order at 6:02 P.M.
2. ROLL CALL: Present: WRIGHT, GUERBER, JOHNSON, MCLAUGHLIN, and SMITH. A
quorum is present.
3. ALL CONSENT AGENDA ITEMS ARE A CTION ITEMS. CONSENT AGENDA:
♦ Consent Agenda items are considered to be routine and are acted on with one motion. There
will be no separate discussion on these items unless the Chairman, a Commissioner, member
of City Staff, or a citizen requests an item to be removed from the Consent Agenda for
discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in
a sequence determined by the Rules of Order.
♦ Any item on the Consent Agenda that contains written recommendations from the City of Eagle
shall be adopted as part of the Planning & Zoning Commission's Consent Agenda approval
motion unless specifically stated otherwise.
A. Minutes of February 3, 2020.
Johnson moves to approve the consent agenda. Seconded by Guerber. ALL AYES...
MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE.
Discussion about the order of agenda items; no changes made to the order of agenda items.
5. PUBLIC HEARINGS:
A. ACTION ITEM- CU-09-19/PPUD-06-19/PP-09-19 — Sno ualmie Falls Subdivision No. 15
— Red Butte, LLC: Red Butte, LLC, represented by David Sterling, P.E., with T -O Engineers,
is requesting conditional use permit, preliminary development plan, and preliminary plat
approvals for Snoqualmie Falls Subdivision No. 15, a 94 -lot (77 -buildable, 17 -common)
residential planned unit development. A portion of the site (approximately 33 -acres) is located
at the southeast corner of North Palmer Lane and West Floating Feather Road. The remaining
portion of the site (approximately 9.85 -acres) is located on the north side of West Floating
Feather Road approximately 790 -feet west of the intersection of North Arena Avenue and West
Floating Feather Road. (MJW)
David Sterling, T -O Engineers. The applicant's representative provides an overview of the
application.
Sterling responds to questions from the Commission.
City Planner, Mike Williams, provides a detailed overview of the application.
Williams responds to questions from the Commission.
Chairman Wright opens the Public Hearing.
AJ Little (participating via WebEx), 1867 North Luge Avenue. Little opposed the application due
to concerns related to the placement and routing of Donatella Street, and explains that vehicle
headlights will shine into his house with the proposed configuration.
Little responds to questions from the Commission.
Jeffrey Phillips, 1931 North Luge Avenue. Phillips introduces concerns of the Syringa
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Homeowners Association, discusses lots that border Syringa Subdivision and proposed changes to
the Dry Creek Drain area.
Kenneth Manser, 1957 North Luge Avenue. Manser discusses fencing styles in Syringa, wildlife
existing along the Dry Creek Drain, building setbacks in Legacy and the impact this will have on
adjacent properties. Manser provides examples of alternative lot designs.
Laura Berry, 2011 North Luge Avenue. Berry discusses how the proposal along Dry Creek Drain
fails to follow the Comprehensive Plan.
Roger Foster, 1864 North Heirloom Place. Foster, Syringa HOA President, discusses the Dry Creek
Drain area, requests that the option of a wildlife report being provided by a private contractor be
removed from the list of acceptable sources, and provides suggestions of alternate approaches that
he feels is a win-win for all parties.
Jeffrey Phillips responds to questions from the Commission.
Roger Foster responds to questions from the Commission.
Jeffrey Phillips responds to questions from the Commission.
Larry Oeffinger, 6182 West Piaffe Street. Oeffinger moved to the neighborhood in February, and
expresses concerns about traffic patterns, safety, and noise in the neighborhood as a result of the
proposed subdivision.
Oeffinger responds to questions from the Commission.
Commissioner Smith inquires whether Rick Gilmore is in the audience.
Colette Piocos, 6294 West Piaffe Court. Piocos expresses traffic concerns related to children's
safety and seasonal flooding of Floating Feather Road.
Jordan Adair, 5902 West Piaffe Court. Adair explains that he lives in the Legacy Subdivision and
explains that the Legacy developer has not installed sod or landscaping along the canal in Legacy,
and explains that the canals have not been maintained as the applicant's representative is proposing.
Adair responds to questions from the Commission.
Rick Haley, 6111 West Piaffe Court. Haley resides adjacent to a canal in Legacy, and states that
the canal is sprayed twice per year but not maintained otherwise. He explains that residents have
discussed wanting to add gravel to the unmaintained canal, and that the developer has said the
residents will have to pay for and maintain it themselves. Haley discusses HOA dues paid and areas
of open space within the subdivision that are maintained with HOA dues but are not open to use by
all residents.
David Sterling, the applicant's representative, provides rebuttal and addresses concerns raised
during the Public Hearing.
Sterling responds to questions and comments from the Commission.
City Planner, Mike Williams, responds to questions from the Commission.
Chairman Wright closes the Public Hearing.
General discussion.
Guerber: I would like to make a motion to get started. I think the quick solution to this whole
nightmare is to take the Syringa proposal and take it seriously. My recommendation would
be, when you look at the cost of putting the connections over the canal and utility connections
that probably have to go underneath the canal and those kinds of expenses, it makes sense to
basically return or continue that area to what has been called a wildlife refuge. As a result, it
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gives the developer the opportunity to either do some reconfiguration with Phase 1 to add 3
lots, or we could just go ahead and allow, I think 77 was the request, drop that down to 74 as
the alternative. There was concern about the traffic on Phase 1, and I believe that ACHD has
proposals that are going to be able to do that. I think we need to note the fact that it's
consistently been a policy of the City of Eagle to interconnect neighborhoods to allow people
who live right behind you to not have to go all the way out on Floating Feather to get back to
where you're at or vice versa. I don't have any problem with the shared driveway that was
proposed in Phase 2. I think we should adopt also the revised site conditions on condition #11
with the wildlife and condition #13 that has to do with the road trust and having funds placed
in that. I'd like to adopt all the standard conditions and approve them on page 19, and add
an additional recommendation for the Parks and Pathways agreement of May 21, 2020, as an
additional condition of approval.
Seconded by Smith.
Discussion.
Johnson requests clarification regarding the motion: I just want to make sure I'm clear;
you're proposing that we accept the site specific conditions of approval, including the changes
that Mike referenced for 11 & 13. Then we add the one that is requiring complying with letter
on May 31st , and adding removing lots, I don't remember the numbers but those three lots
that are, by Dry Creek.
Guerber: Correct.
Discussion.
ALL AYES... MOTION CARRIES.
Chairman Wright requests a recess at 8:46 P.M.
Chairman Wright resumes the meeting at 8:53 P.M.
Smith: When I seconded Commissioner Guerber's motion, it was my thought process that that was
to not approve the application as stated. I want to make sure, upon further reflection, that basically,
the application was approved with the conditions that the three lots under consideration in the
wildlife area would be removed. And if that's the case, I vote yes for that.
B. ACTION ITEM. CU -01-20 — Chan2e of Nonconformin Use — Jeremv and Wendv Clvne:
Jeremy and Wendy Clyne are requesting conditional use permit approval for a change of
nonconforming use to allow a home addition to encroach into the required side yard setback.
The .24 -acre site is located on the west side of North Torrey Pines Avenue approximately 50 -
feet south of the intersection of East Cypress Point Way and North Torrey Pines Avenue at
1151 North Torrey Pines Avenue. (DCL)
Jeremy Clyne, 1151 North Torrey Pines Avenue. The applicant provides an overview of the
application.
Clyne responds to questions from the Commission.
City Planner, Denise Lauerman, provides a detailed overview of the application.
Lauerman responds to questions from the Commission.
Chairman Wright opens the Public Hearing.
There were no members of the public present who wished to testify.
Chairman Wright closed the Public Hearing.
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Discussion amongst the Commission.
McLaughlin moves to approve CU -01-20 Jeremy & Wendy Clyne's Change of Non-
conforming Use as submitted. Seconded by Smith.
Discussion.
ALL AYES... MOTION CARRIES.
C. ACTION ITEM. A-01-20/RZ-01-20 & PP -01-20 — Annexation and Rezone (with a
development agreement) from RUT to R -3 -DA and Preliminary Plat for Monticello
Estates Subdivision — Monticello Estates. LLC: Monticello Estates, LLC — Nathan Cutler,
represented by Penelope Constantikes, with Riley Planning Services, LLC, is requesting
annexation, rezone from RUT (Residential -Urban Transition — Ada County designation) to R-
3 -DA (Residential with a development agreement), and preliminary plat approvals for
Monticello Estates Subdivision, a 12 -lot (10 -buildable, 2 -common) residential subdivision.
The 4.07 -acre site is located at the southeast corner of North Park Lane and West Floating
Feather Road at 1232 North Park Lane. (MJW)
Penelope Constantikes, Riley Planning Services. The applicant's representative provides an
overview of the application.
Constantikes responds to questions from the Commission.
City Planner, Mike Williams, provides a detailed overview of the application.
Williams responds to questions from the Commission.
Chairman Wright opens the Public Hearing.
Laura Swanson, 1000 Park Lane. Swanson expresses concerns about traffic, teenage drivers, wants
to see less density, fewer lots. Swanson expresses concerns about continued use of the well,
irrigation in the surrounding area, utility locations and disruptions, and building setbacks.
Swanson responds to comments from the Commission.
Kristie Neil, 1101 North Ripple Creek Place. Neil expresses concerns about traffic and teenage
drivers, discusses the density, impact on surrounding streets.
Neil responds to questions from the Commission.
Jim Langan, 3685 West Floating Feather. Langan expresses concerns about the density of the
proposed subdivision, and states that he does not like having so many houses so close, lowering his
property value. Langan provides City Staff with a letter written by his wife.
Michelle Bryan, 3423 West Barefoot Street. Bryan expresses concerns about the density, states that
she moved to Eagle because of the large lots and wants to see Eagle remain as large lots.
Laura Swanson, 1000 North Park Lane. Swanson asks a question about the street design within
Monticello Subdivision.
Penelope Constantikes, P.O. Box 405, Boise, 83701. The applicant's representative provides
rebuttal and addresses concerns raised during the Public Hearing.
Constantikes responds to questions from the Commission.
Chairman Wright closes the Public Hearing.
Discussion amongst the Commission.
Johnson moves to recommend for approval item 5C A-01-20/RZ-01-20 & PP -01-20 —
Annexation and Rezone (with a development agreement) from RUT to R -3 -DA and
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Preliminary Plat for Monticello Estates Subdivision with the following changes: to site
specific condition #8, add that the existing well may be used to supplement irrigation for the
existing lot #2; strike item #12 and leave #13 indicating "if the City Council approves the
reduction"; add item #22 to site specific conditions to combine Lots 2, 3, 4, and 5, Block 2, to
be two lots instead of four lots; and to accept standard conditions of approval as written.
Seconded by McLaughlin.
City Planner, Mike Williams, provides input regarding the rezone.
Substitute motion: Guerber: I would agree with everything said by Commissioner Johnson
but reduce Lots 2, 3, 4, and 5 to three lots, rather than four.
Seconded by Smith.
Substitute -substitute motion: Smith: My substitute to the substitute is to recommend that we
approve it as stands. Seconded by Wright.
Substitute -substitute motion vote: 2 AYES (Smith and Wright) and 3 NAYS (Guerber,
Johnson, McLaughlin)... MOTION FAILS.
Discussion regarding substitute motion.
Substitute motion vote: 3 AYES (Smith, Guerber, and Wright) and 2 NAYS (Johnson
McLaughlin)... MOTION CARRIES.
NEW BUSINESS: NONE.
7. REPORTS:
A. Commission: Johnson states that she will be moving out of the Area of Impact but will be a
resident until July 12, if her participation is needed until that time. Johnson provides the
Commission with a list of her ideas for changes to the maximum heights outlined in City Code.
Discussion with amongst the Commission regarding the document provided by Johnson.
B. City Attorney: None.
C. Staff. City Planner, Mike Williams, provides a brief overview of upcoming applications.
8. ADJOURNMENT:
Johnson moves to adjourn. Seconded by Guerber. ALL AYES... MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 10:18 P.M.
RESPE .TFULLY UBMITTED:
KRISTL'D. CARON,
CLERK OF THE MEETING
APPROVED:
TRENT WRIGHT,
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W.CITYOFEAGLE.ORG.
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CITY OF EAGLE - PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
June 1, 2020
CU-09-19/PPUD-06-19/PP-09-19 — Snv ualmie Falls Subdivision No. 15 — Red Butte LLC: Red Butte,
LLC, represented by David Sterling, P.E., with T -O Engineers, is requesting conditional use permit, preliminary
development plan, and preliminary plat approvals for Snoqualmie Falls Subdivision No. 15, a 94 -lot (77 -buildable, 17 -
common) residential planned unit development. A portion of the site (approximately 33 -acres) is located at the southeast
corner of North Palmer Lane and West Floating Feather Road. The remaining portion of the site (approximately 9.85 -
acres) is located on the north side of West Floating Feather Road approximately 790 -feet west of the intersection of
North Arena Avenue and West Floating Feather Road.
NAME (PLEASE PRINT) ADDRESS
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CITY OF EAGLE - PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
June 1, 2020
CU-09-19/PPUD-06-19/PP-09-19 — Snocivalmie Falls Subdivision No. 15 — Red Butte, LLC: Red Butte,
LLC, represented by David Sterling, P.E., with T -O Engineers, is requesting conditional use permit, preliminary
development plan, and preliminary plat approvals for Snoqualmie Falls Subdivision No. 15, a 94 -lot (77 -buildable, 17 -
common) residential planned unit development. A portion of the site (approximately 33 -acres) is located at the southeast
corner of North Palmer Lane and West Floating Feather Road. The remaining portion of the site (approximately 9.85 -
acres) is located on the north side of West Floating Feather Road approximately 790 -feet west of the intersection of
North Arena Avenue and West Floating Feather Road.
NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON
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CITY OF EAGLE - PLANNING & ZONING COMMISSION 159
PUBLIC HEARING SIGN -IN SHEET
June 1, 2020
CU -01-20 — Change of Nonconforming Use — Jeremy and Wendv Clyne: Jeremy and Wendy Clyne are
requesting conditional use permit approval for a change of nonconforming use to allow a home addition to encroach into
the required side yard setback. The .24 -acre site is located on the west side of North Torrey Pines Avenue
approximately 50 -feet south of the intersection of East Cypress Point Way and North Torrey Pines Avenue at 1151
North Torrey Pines Avenue.
NAME (PLEASE PRINT) ADDRESS
TESTIFY? (Y/N) PRO/CON
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CITY OF EAGLE - PLANNING & ZONING COMMISSION co,
PUBLIC HEARING SIGN -IN SHEET
June 1, 2020
A-01-20IRZ-01-20 & PP -01-20 — Annexation and Rezone (with a develol2mentagreement) from RUT to
R -3 -DA and Preliminary Plat for Monticello Estates Subdivision — Monticello Estates, LLC: Monticello
Estates, LLC — Nathan Cutler, represented by Penelope Constantikes, with Riley Planning Services, LLC, is requesting
annexation, rezone from RUT (Residential -Urban Transition — Ada County designation) to R -3 -DA (Residential with a
development agreement), and preliminary plat approvals for Monticello Estates Subdivision, a 12 -lot (10-buildalble, 2 -
common) residential subdivision. The 4.07 -acre site is located at the southeast corner of North Park Lane and West
Floating Feather Road at 1232 North Park Lane.
NAME (PLEASE PRINT) ADDRESS
TESTIFY? (Y/N) PRO/CON
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May 21, 2020
PLRNNiN& b6lei7
TO: EAGLE CITY COUNCIL
FROM: Jim and Mary Ann Langan
RECEIVED & FILED
CITY OF EAGLE
JUN 0 ,1 2020
File:_
Route to:
RE: OPPOSITION to Application Submitted by Monticello Estates, LLC — Nathan Cutler
A-01-20/RZ-01-20 & PP -01-20 (corner of Park Lane and Floating Feather Rd.)
Our OBJECTION is the high densitv and rezoning of this subdivision.
We are concerned citizens in the Eagle neighborhood who live on Floating Feather Rd., two
parcels over from the proposed subdivision. We live on 2.3 acres, and the homes surrounding us
also live on acreage. We live directly across from Cavallo Estates, located off of Floating
Feather Road between Park Lane and Meridian Road. This high-end community features large
estate lots ranging from 1.8 to 2.7 acres with custom ranch homes. We purchased here because
we wanted to live in a low density area.
It is disconcerting to think that an out-of-town developer can buy a horse property in an
established neighborhood and carve it up. It is even more disheartening to think that the
Planning Commission members have to approve any new subdivision that meets size
requirements, no matter how disruptive and harmful the subdivision might be to an existing
neighborhood.
We voted for the newly elected City Councilman members who ran on the platform of less
density in our neighborhoods and we hope they will stand by their promises.
RezoninLy to R-1 is best for our neiLyhborhood maintaining low density, property values and
impact on our community.
At the very least. R-2 would be a compromise. The application is requesting rezoning from
RUT (Residential -Urban Transition) to R -3 -DA (Residential with a development).
PLEASE reconsider approval of this application and rezone to R-1 or R-2 instead of R -3 -
DA.
Thank you for your consideration.
Res tfully,
Ji 4 Mary Ann Ladgan
3685 W. Floating Feather Rd.
Eagle, ID 83616