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Minutes - 2021 - Planning & Zoning - 11/15/2021 - RegularTHE CITY OF EAGLE PLANNING AND ZONING COMMISSION November 15, 2021 Minutes CALL TO ORDER: Meeting called to order at 6:01 p.m. ROLL CALL: Present: WRIGHT, GUERBER, MCCAULEY, MCLAUGHLIN, SMITH. A quorum is present. CONSENT AGENDA: ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS. ♦ 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 November 1, 2021. B. Findings of Fact and Conclusions of Law for the Approval/Denial of RZ-12-21/CU-07- 21/PPUD-07-21/PP-14-21 — Benari Estates Subdivision — Eagle 1, LLC: Eagle 1, LLC, represented by Laren Bailey, is requesting a rezone from A (Agricultural) to R-4-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Benari Estates Subdivision, a 148-lot (133-buildable, 15-common) residential planned unit development. The 35.29-acre site is located at the northeast corner of West State Street and North Ballantyne Lane at 1770 West State Street. (MJW) C. Findinss of Fact and Conclusions of Law for the Approval/Denial of A-09-21/RZ-11-21 & PP-13-21 — Annexation and Rezone (with a development agreement) from RUT to R- 2-DA and Preliminary Plat for Eventyr Subdivision — Rodney Evans: Rodney Evans is requesting an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to R-2-DA (Residential with a development agreement), and preliminary plat approvals for Eventyr Subdivision, a 9-lot (7-buildable, 2-common) residential subdivision. The 8.11-acre site is located south of West Moon Valley Road, approximately 1,000-feet south of the intersection of West Moon Valley Road and Highway 44. (MNB) Commissioner Guerber abstains from voting on the consent agenda due to absence from previous meeting. McLaughlin moves to approve the consent agenda as presented. Seconded by Smith. FOUR AYES, ONE ABSTAINS (GUERBER)... MOTION CARRIES. 4. UNFINISHED BUSINESS: NONE. PUBLIC HEARINGS: ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS. A. ACTION ITEM- A-02-21/RZ-02-21/RZ-23-07 MOD3 & PP-03-21 — Terra View Subdivision — Terra View LLC: Terra View LLC, represented by Dave Sterling with T-O Engineers, is requesting annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) for approximately 44-acres, a development agreement modification, and preliminary Page 1 of 5 KAP&Z\M 1 N UTES\2021 \PZ-11-15-21 m in. doc plat approvals for Terra View Subdivision, a 460-lot (396-single family residential, 4- commercial [may allow up to 192-multi-family residential units], 60-common) mixed use subdivision. The approximately 330.8-acre site is located on the northeast corner of West Beacon Light Road and State Highway 16. (MJW) This item was continued from the November 1, 2021, Planning and Zoning Commission meeting. Dave Sterling, 2471 South Titanium Place, Meridian, ID, 83642. Sterling provides an overview of the application. Sterling responds to questions from the Commission. City Planner, Mike Williams, provides an overview of the application. Planner Williams responds to questions from the Commission. City Director of Long -Range Planning and Projects, Nichoel Baird Spencer, responds to questions from the commission and provides clarification on Commission's role regarding the approval/denial of reimbursement for installation of a public park. Planner Williams responds to questions from the Commission. Chairman Wright opens the Public Hearing. Eric Schirmer, 4430 North Double S Lane. Schirmer opposes the application, and expresses concerns related to preserving the equestrian flare and rural feel of the City of Eagle and narrow road proposals. John Jameson, 205 North loth Street, legal counsel representing neighbors to the north of the proposed development. Jameson opposes the application, and expresses concerns related to proposed density and uses of land not conforming with nearby uses. Jameson responds to questions from the Commission. Joan Mantel, 4690 Hartley Road. Mantel opposes the application, and expresses concerns related to location of the proposed horse trailer pull off location, residential lots in the flood plain, and proposed density. Mary Taylor, 3410 Hartley Road. Taylor opposes the application, and expresses concerns related to proposed density and preserving the rural feel of the City of Eagle, depletion of the aquafer with the number of proposed ponds, heavy equipment traffic through neighboring communities, proposed traffic interchanges on Beacon Light and Hartley Road, and Little Gulch flood plain. Taylor responds to questions from the Commission. Tawny Fornstrom, 3544 Hartley Road. Fornstrom opposes the application, and expresses concerns related to traffic patterns following development of the application, transition space between neighboring communities in relation to proposed density and neighboring densities. Fornstrom responds to questions from the Commission. Melanie Bowick, 2421 West Buckhorn Court. Bowick opposes the application, and expresses concerns related to traffic and traffic noise on Beacon Light Road. Bowick responds to questions from the Commission. Dave Sterling, the applicant's representative, responds to questions from the Commission. Sterling addresses concerns raised during the Public Hearing and provides rebuttal. Chairman Wright makes a call for WebEx attendee Glida Bothwell, 4845 North Curlew Lane. WebEx was checked for participants, no participants found. Chairman Wright closes the Public Hearing. Page 2 of 5 KAP&Z\M I N UTES\2021 \PZ-11-15-21 m in. doc General discussion amongst the Commission. C-ity-P-lanner—Mike-W-illiams,-responds-to-questions -from-the-Commission. General discussion amongst the Commission. Dave Sterling, the applicant's representative, responds to questions from the Commission. City Planner, Mike Williams, responds to questions from the Commission. General discussion amongst the Commission. Commissioner Guerber makes a motion to approve A-02-21/RZ-02-21/RZ-23-07 MOD3 & PP-03-21 - Annexation and Rezone from RUT to MU-DA including a Development Agreement Modification and Preliminary Plat for Terra View Subdivision - Terra View LLC, as proposed with the following adjustments: the 40 acre plot designated as phases 11, 12, and 13 be limited to 2 acre lots or more, that setbacks are 22ft from the property line, the original park proposal goes to City Council for funding agreements, the bonding for the park would be after the 150th plat is constructed, the trailhead would be constructed at the 270th plat, that solid fencing be placed on the north end adjacent to the trailhead for those pieces of property, and the 192 multi occupancy buildings be modified to be single family attached units. Discussion amongst the Commission. Motion seconded by Smith. Discussion amongst the Commission regarding the motion. City Planner, Mike Williams, answers questions from the Commission. Williams requests the following amendment to the motion: that the 192 multi family units be stricken from the application, amend verbiage to limit the strictly proposed density to 2.09 units per acre. Limit single family attached to no more than 12 acres. Any reference to multi family throughout conditions of development be stricken and to use the applicant's recommendation regarding the park area. Guerber amends the motion to include the recommendations provided by Planner Williams. Seconded by Smith. ALL AYES ... MOTION CARRIES. Chairman Wright calls the meeting into recess at 9:21pm. Chairman Wright calls the meeting back into order at 9:30pm. B. ACTION ITEM. A-05-21/RZ-06-21 & PP-08-21 - Skwiew Subdivision - Lennar Homes of Idaho: Lennar Homes of Idaho, represented by Dave Yorgason, is requesting an annexation, rezone from RUT (Rural -Urban Transition - Ada County designation) to R-9-DA (Residential with a development agreement [in lieu of a PUD]) and MU-DA (Mixed Use with a development agreement [in lieu of a PUD]), and preliminary plat approvals for Skyview Subdivision, a 146-lot (125-single family, 1-commercial, 15-common, and 5-private street) subdivision. The 18.94-acre site is located at the northwest corner of State Highway 44 and North Park Lane at 101 North Park Lane. (MJW) Dave Yorgason, 14254 West Battenberg Drive, Boise, Idaho, 83713, applicant's representative. Yorgason provides an overview of the application. Yorgason responds to questions from the Commission. City Planner, Mike Williams, provides an overview of the application. Planner Williams responds to questions from the Commission. Page 3 of 5 MP&Z\M I N UTES\2021 \PZ-11-15-21 m in.doc Chairman Wright opens the Public Hearing. Don-Huck-vale,-1-42 North-Selena-Avenue-Huckvale-supports-the-application, expresses -concerns - related a public vehicular bridge connecting Route 44 and Skyview Subdivision and supports a pedestrian bridge as an alternative. Corey Sprott, 4053 Spring House Drive. Sprot is representing the Spring House HOA. Sprott expresses concerns related to traffic and traffic impact as a result of commercial business in the area. Sprott responds to questions from the Commission. William Ziebell, 4365 West Spring House Drive. Ziebell opposes the application, and expresses concerns related to traffic on Park Lane. Discussion between Ziebell and Commission. Ziebell responds to questions from the Commission. Dave Yorgason, the applicant's representative, addresses concerns raised during the Public Hearing and provides rebuttal. Yorgason responds to questions from the Commission. Chairman Wright closes the Public Hearing. McLaughlin moves to approve A-05-21/RZ-06-21 & PP-08-21 - Skyview Subdivision - Lennar Homes of Idaho with the following changes: Site Specific Condition #6 — add that the developer will seek approval to provide a bridge that will be approved by the Middleton Mill Ditch Company and the maintenance will be conducted by either ACHD or the City of Eagle and be changed from a stubstreet to a street, Site Specific Condition #12: change the front setback to 21ft from 2311, and under condition 3.6: remove a fast food restaurant as a permitted use given the location of the drive through and problems that would arise due to it. Seconded by Smith. Discussion amongst the Commission. McLaughlin amends her motion to no longer include her third change "remove a fast-food restaurant as a permitted use given the location of the drive through and problems that would arise due to it." Amended motion seconded by Smith. Discussion amongst the Commission. ALL AYES ... MOTION CARRIES. 6. NEW BUSINESS: NONE. 7. REPORTS: A. Commission: Questions from the Commission for staff. Wright will be absent from December 6 Planning and Zoning Commission meeting. B. City Attorney: None. C. Staff: None. 8. ADJOURNMENT: McLaughlin moves to adjourn. Seconded by Wright. ALL AYES... MOTION CARRIES. Hearing no further business, the Commission meeting adjourned at 11:38 p.m. Page 4 of 5 K:\P&Z\M INUTES\2021 \PZ-11-15-21 m in. doc RESPECTFULLY SUBMITTED: 01&44.1, --,P J MATTHEW J. EY CLERK OFT ETING .... • TRENT WRIGHT, CHAIRMAN AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W.CITYOFEAGLE.ORG. Page 5 of 5 KAPBZ\MINUTES120211PZ-11-15-21min.doc Sul"�' dis i�O�ED TY OF TAME November 15, 2021 KJOV 'i >. 2021 Re: Terra View Subdivision - Corner of West Beacon Light Road/Hioipay 16/Hartley Rd. Submitted by: Mary Taylor, neighboring property on Hartley Road Three Points of greatest dispute — 1— Density (especially "multi -family" dwellings) This entire development is in violation of City of Eagle Comp. Plan Chapter 6, Land Use 6.6.1.b — "Residential area north of Beacon Light is Large Lot Residential with a residential Transition overlay, transitioning (feathering and clustering) to the north and east ensuring compatibility with existing residential and foothills development." All current and future development planning in this area is from 1-2 acre lots for the future and current sizes are 5, 10, 20 and larger acreages. There is nothing "compatible", "transitional" or "large lot" about any of this development. The idea of 192 "multi -family" dwellings is not only in violation of Eagle's Comp. Plan, but is insulting to those of us who have invested in large and multiple acreages to be protected from just such a plan as they have put before you in this request. The general large density of this request is completely out of place and incompatible with everything in this area of Northwest Ada County. The densities need to be lowered and absolutely NO multi -family dwellings. 2 —The proposal for this development shows a realignment of Hartley Road with Palmer Lane. If and when ANYTHING is approved for this site, that realignment must be done before ANY development is approved. These developers want to increase the rate of traffic in such an extensive way, then it begins with their own site, not ours. 3 — Located in the center of this development is a rather large irrigation well that is currently covered, but has never been properly sealed and closed. When/if this development begins, as soon as they disturb that sight, they face the potential of contaminating an entire aquafer. It's not enough that we have water shortages already and now out of State developers threaten even that which we have left. IDWR must oversee this group to secure this well and protect what little we have in this aquafer. Those who depend on it will be affected by the potential threat to it, must be notified of such. Mary Taylor, 3410 Hartley Road, Eagle, Idaho, 83616, 208-286-7575 8 CITY OF EAGLE - PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET A-05-21/RZ-06-21 & PP-08-21 — Skyview Subdivision — Lennar Homes of Idaho: Lennar Homes of Idaho, represented by Dave Yorgason, is requesting an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to R-9-DA (Residential with a development agreement [in lieu of a PUD]) and MU-DA (Mixed Use with a development agreement [in lieu of a PUD]), and preliminary plat approvals for Skyview Subdivision, a 146-lot (125-single family, 1-commercial, 15-common, and 5-private street) subdivision. The 18.94-acre site is located at the northwest corner of State Highway 44 and North Park Lane at 101 North Park Lane. (MJW) November 15, 2021 NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON �o 7'�vf F(ja,"A Llw� uJ "- zl D 5-3 vl_� /40 4 i <arr- s,✓ �N 3 'v Cam.✓ C o dj 4 L olc� L_o W 3 21 s P h � I� � � �� 0 C ►rl bc-h v\'1 S 4 S 4 a CITY OF EAGLE — PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET A-02-21/RZ-02-21/RZ-23-07 MOD3 & PP-03-21 — Terra View Subdivision — Terra View LLC: Terra View LLC, represented by Dave Sterling with T-O Engineers, is requesting annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) for approximately 44-acres, a development agreement modification, and preliminary plat approvals for Terra View Subdivision, a 460-lot (396-single family residential, 4-commercial [may allow up to 192-multi-family residential units], 60-common) mixed use subdivision. The approximately 330.8-acre site is located on the northeast corner of West Beacon Light Road and State Highway 16. (MJW) This item was continued from the November 1, 2021 Planning and Zoning Commission meeting. November 15, 2021 NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON �p ,,�� __ �`{zI W -emu or1l uj �� Igr�N• � lam. �� ro► 7) N eo vN Oo"5e, 93 3 ,1.D �r ors l�lS,✓Far .6eba< I P �3/" Ga/ I', ,, �'W LL4 13Acon � yowtcAk- 6611 G6 tn� ` C",�5 k.-, � 4 �/ /<3 � Cfi- S �q0 t P Doubl-c S. vin l SC�^ l�v�,c r I l r7 4�6t J Co 1, -c S 3-76Z C C 6 n i kL i' pp CO' 1 LL - Public Meeting Sign In Form Form used to provide remote public comment via WebEx for city meetings Important Notes - To provide remote public comment via Webex for city meetings please follow the instructions and complete the form below. You must submit the form at least 60 minutes before the meeting start time in order to receive a Webex invite via email to comment or testify at the meeting. Information submitted via this form is subject to Idaho's Public Records Act, in regard to both release and retention, and may be released upon request, unless exempt from disclosure by law. Note: If you have visual materials to display during the public meeting, you must email the materials in PowerPoint (.ppt) or PDF format to City of Eagle at least 6 business hours prior to the start of the meeting. Email files to: clerks@cityofeag/e.org Once you have completed the Public Meeting Sign In Form (and indicated your desire to speak at the meeting), a Webex meeting invitation will be emailed (up to 30 minutes prior to the meeting start time) on the day of the meeting. If you don't see the invitation in your email inbox please check your junk/spam folder. Year* �2021 Your Information First Name* Last Name* Glida Bothwell Physical Street Address* 4845 N Curlew Ln City* State* Zip Code* Eagle ID 83616-1800 Contact Phone Number* P) Email* 208-870-6993 glida.bothwell@gmail.com * I understand that the WebEx meeting invitation will be sent to the email address entered above. I have reviewed the information entered above and confirm that the information provided is correct. Signature* Sign Date 11 /13/2021 09:32:03 AM Meeting Information Public hearing sign -ins are date specific. In the event that an agenda item is continued to a future meeting date, you will need to complete a new public hearing sign -in form in order to receive the Public Meeting Sign In Form Form used to provide remote public comment via WebEx for city meetings Important Notes: To provide remote public comment via Webex for city meetings please follow the instructions and complete the form below. You must submit the form at least 60 minutes before the meeting start time in order to receive a Webex invite via email to comment or testify at the meeting. Information submitted via this form is subject to Idaho's Public Records Act, in regard to both release and retention, and may be released upon request, unless exempt from disclosure by law. Note: If you have visual materials to display during the public meeting, you must email the materials in PowerPoint (ppt) or PDF format to City of Eagle at least 6 business hours prior to the start of the meeting. Email files to: clerks@cityofeagle.org Once you have completed the Public Meeting Sign In Form (and indicated your desire to speak at the meeting), a Webex meeting invitation will be emailed (up to 30 minutes prior to the meeting start time) on the day of the meeting. If you don't seethe invitation in your email inbox please check your junk/spam folder. Year* 2021 Your Information First Name* Last Name* Kyle Grigsby Physical Street Address* 421 S. 8th St. City * State * Zip Code * Boise ID 83702 Contact Phone Number* Email* 208-863-1273 kgrigsby@exceed.legal * I understand that the WebEx meeting invitation will be sent to the email address entered above. I have reviewed the information entered above and confirm that the information provided is correct. Signature* Sign Date 11 /15/2021 11:38:20 AM Meeting Information Public hearing sign -ins are date specific. In the event that an agenda item is continued to a future meeting date, you will need to complete a new public hearing sign -in form in order to receive the WebEx meeting invitation and provide remote testimony on the new date. Meeting Type* Planning & Zoning Date of Meeting* 11 /15/2021 Select the option that best describes you: Member of the Public Applicant Applicant's Representative Select if Applicable I am here representing my HOA or Neighborhood Group I wish to speak at this meeting Do you have visual material to present?* Yes No I Want to Provide Feedback On Agenda Item Agenda Item Number* Please provide Item number/letter reference from Agenda (ex: 9A) 3B Stance On P&Z Support Agenda Item * Oppose Other Comments on Agenda Item Please provide any additional comments here. End