Minutes - 2000 - Planning & Zoning - 07/17/2000 - Regular
EAGLE PLANNING AND ZONING COMMISSION
July 17,2000
7:00 PM
OR\G\NAL
The Planning and Zoning Commission met in regular session on July 17, 2000.
Chairman Franden presiding.
1.
CALL TO ORDER:
2.
ROLL CALL: The following members were present FRANDEN, BLOOM,
DECKERS. Absent: NORDSTROM, TRENT A quorum is present.
3.
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 May 15,2000.
B. Findin~s Of Fact And Conclusions Of Law for PP-4-00 - Eaele Villa2e.
LLC: Project Description: Eagle Village, LLC, represented by Jack Coonce
with Oppenheimer Development Corporation, is requesting preliminary plat
approval for Aquila Subdivision. The 5.61-acre, 7-10t commercial subdivision
is located on the northwest corner of State Street and Palmetto Avenue.
Deckers moves to approve the Consent Agenda.
AVE...MOTION CARRIES
Seconded by Bloom.
ALL
3.
OLD BUSINESS: None
5.
PUBLIC HEARINGS:
A. PPUD-I-00/CU-2-00 - Winco Foods. Inc. Shoppin~ Center - Skyland Co. (dba Winco
Foods): Skyland Co., represented by Billy Ray Strite with BRS Architects, is requesting
preliminary development plan and conditional use approval for a five- pad site retail shopping
center including Winco Foods, Inc. The 14.3-acre site is located at 3101 E. State Street
(located on the southwest corner of State Highway 44 and Horseshoe Bend Road extended).
Franden introduces the item.
Billy Ray Strite 1087 River Street Boise, Idaho- Mr. Strite represents Winco and reviews the
application and the changes that have been made to the original application which had been
brought before the Commission. Discussion between Mr. Strite and Commission.
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Vaughan briefly reviews the ACHD level of service C and their (ACHD) grading scale.
Discussion between Vaughan and Commission.
Franden opens the public hearing.
Janis Foote, 10381 Mamie Rd. Eagle, Idaho. Ms. Foote is against the Winco Development.
Speeding is excessive in this area thus causing driving hazards. Feels State Street would have
to be widened to 6 lanes in order to accommodate Winco. Also questions how the site will be
serviced with water. Neighboring million dollar homes will be negatively impacted by the
construction of this building. Concerned with children running across the road as well with the
safety of seniors.
Douglas Foote 10381 Mamie Rd. Eagle, Idaho. States the property does not have water or
sewer service as he had investigated the site. Mr. Foote expresses his concern with water run
off. States that the building will affect Fish and Game habitats. Does not believe the State's
rating of the traffic as it is definitely a hazard. Concerned that with the site being in the
floodplain a gas station would be ill advised. He is not against Winco, just the location of it on
this property.
Bev Crawford 120 S. Silverwood Eagle, Idaho. Ms. Crawford is in favor of the development.
It would be a welcome addition to the Eagle Community. Ms. Crawford is confident that the
issues raised earlier in regards to traffic and drainage will all be addressed prior to the building
phase by the appropriate entities. She is very much in favor of this project.
Billy Ray Strite addresses some of the testimony presented tonight. Discusses the second
signal that is proposed to be installed to slow traffic do\VTl. Mr.Strite states that he has met
with Robert DeShazio with Eagle Water Company and details the water accessibility to the
site. The lines have been installed for both potable water and fire flow purposes. Also states
that they are negotiating with Boise Sewer District for service, he has been in contact with both
Eagle Sewer and Boise Sewer. Mr. Strite discusses site drainage. Mr.Strite states that as of
September 1999 this site is in the 500 year floodplain. Discussion regarding the gas station
and sewer service.
Franden closes the public hearing.
Discussion amongst the Commission.
Billy Ray Strite addresses the Commission regarding the possible usage of a bank or a dry
cleaner for inside the building.
Deckers moves to approve PPUD-I-00/CU-2-00 Winco Foods, Inc. Shopping Center with
the staff recommended site specific conditions with the following additions and
corrections: Staff condition #1 shall be amended to say: That a maximum of 3000
contiguous square feet of the main pad site may be allowed for retail activity. Add
condition #14: The landscaping shall be generally as shown on exhibit A. #15: There
shall be 2 points for cross access to the east generally as shown in exhibit A. The
proposed access to State Street to the east of pad 1 shall not be constructed at this time
and shall be landscaped as shown on exhibit A, until it is approved by ITD/ACHD. #16:
The proposed entrance located to the west of pad 1 shall be designed as a right in right
out driveway constructed with an on site channelizing pork chop island to prevent left
hand turns. This driveway may be permitted to be full access only if a traffic signal is
installed at State Street at this location. #17: Install exceleration and deceleration lanes
on State Street for the driveway located to the west of pad 1. #18: The data used in
determining the floodway/floodplain for his site shall be based on the FEMA map in
effect at the time of City Council approval of the final development plan. Seconded by
Bloom. Deckers amends his motion item #14: Add the following language: May be
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amended as recommended by the Design Review Board. #15 shall read: The proposed
access to State Street located east of pad 1 shall not be constructed and shall be
landscaped until a traffic signal is warranted, approved by ITD/ACHD and installed on
State Street at the northwest entrance of this site, which is the pork chop entrance west of
pad 1. Second agrees to the amendment. ALL AYE...MOTION CARRIES.
B. RZ-4-00IPPUD-4-00/CU-6-00IPP-5-00 - Eae:le Island Ranch Estates W & S
Development Inc: W&S Development Inc., represented by Lisa and Walt Wanner, is
requesting a rezone from A (Agricultural) to R-2-P (Residential- two units per acre - PUD)
and preliminary development plan, conditional use, and preliminary plat approval for Eagle
Island Ranch Estates Subdivision. The 28.61-acre, 49-lot (46-buildable) residential
subdivision is located on the north side of the south channel of the Boise River approximately
Y2-mile west of Eagle Road.
Franden introduces the item.
Jim Rees, representing W &S Development. Mr. Rees reviews the application. Jon Wroten
799 S. Channel Road Eagle, Idaho is one of the property owners. Mr.Wroten comments on
flooding events of years past. Discussion between Mr. Rees and Commission regarding the
project.
Vaughan presents the staff report. Discussion regarding the construction of the pond(s),
FEMA maps, the Development Agreement. General discussion.
Franden opens the public hearing.
Kelsea Royballlives in property adjoining this property. Mr. Royball discusses flooding on
his property and what he has observed on the adjoining property. The property has flooded 4
out of the past 6 years and they have had to sandbag their property. Has concerns not only
with flooding, but also regarding drainage onto his property. Mr. Royball states that he has
retained an attorney. This development will eliminate access to the rear of his property. Also
concerned with the volume of traffic, and the 10 lots that will be abutting his property. Very
concerned with how this project will impact his property in regards to flooding and drainage.
Kay Johnson. Mr. Johnson is in favor of this project. His property is located due north of this
project.
Mr. Rees responds to discussion regarding the lake, the Development Agreement allows for
gravel extraction. Jon Wroten speaks to a condition regarding nature areas. Commission
inquires ifthe applicant would be open to reducing the 10 lots to 5. Mr. Rees does not feel the
change would be in line this project. General discussion.
Lisa Wanner one of the developers of the project. States that a lot of work has gone into
insuring that the drainage issues have all been addressed, so that adjoining property will not be
negatively impacted by water. Draws the Commissions attention to the buffering between Mr.
Royball's property and the 10 lots which would adjoin his property. General discussion.
Mr.Rees affirms that there will be access to the back of Mr.Royball's property.
Franden closes the public hearing.
Discussion between Mr. Vaughan and Commission.
Deckers moves to approve RZ-4-00/PPUD-4-00/CU-6-00/PP-5-00 Eagle Island Ranch Estates
with staff recommended conditions of approval with the following corrections and additions.
Adding site specific condition: The removal of materials from this site for purpose of sale shall
not be permitted. Add: The lots along the eastern border of this subdivision shall comply with
R-2 zoning, setbacks and minimum lot size according to R-2 conditions. The unplatted portion
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of the property in the floodplain shall be shown on the plat not as unplatted. The 2 five acre
nature preserves shall be shown on the plat map and indicated as such. The pathway shall be
shown on the plat and indicated as such. All waterways shall be designed to provide for
natural circulation or be augmented with pumps to facilitate circulation. Minimum lake size
shall be 8 acres. Strike item #12. Discussion. McFadden provides legal advise regarding
making an approval which is actually a de-facto denial. DECKERS WITHDRAWS HIS
MOTION.
Deckers moves to deny RZ-4-00/PPUD-4-00/CU-6-00/PP-5-00 Eagle Island Ranch Estates
because the application does not comply with the objective of a PUD as stated in the
Comprehensive Plan in that it does not address the transition from this development to
adjacent developments. It does not address fully the development agreement already in
place on this property. Conditions the Developer should consider to gain approval for
this development shall be: Comply with site specific and staff conditions of approval state
in the staff report, with the following additions and modifications. Adding site specific
condition: The removal of materials from this site for purpose of sale shall not be
permitted. Add: The lots along the eastern border of this subdivision shaD comply with
R-2 zoning, setbacks and minimum lot size according to R-2 conditions. The unplatted
portion of the property in the floodplain shall be shown as incorporated into the
subdivision as a lot and block with a note stating with a note stating no building
floodplain area. The 2 five acre nature preserves shall be shown on the plat map and
indicated as such. The pathway shall be shown on the plat and indicated as such. All
waterways shall be designed to provide for natural circulation or be augmented with
pumps to facilitate circulation. Minimum lake size shall be 8 acres. Strike item #12.
Seconded by Bloom. Discussion. Deckers amends his motion to add that the applicant
could choose to apply for a development agreement amendment that would address issues
raised tonight. ALL A YE...MOTION CARRIES.
C. RZ-5-00 - Rezone from R-4 to CBD-DA - Definitive Properties: Definitive Properties,
represented by James Gipson Associates, is requesting a rezone from R-4 (Residential) to
CBD-DA (Central Business District - with development agreement). The OA-acre site is
located on the south side of Aikens Road approximately 300-feet east of Eagle Road at 123
East Aikens Road.
Franden introduces the item.
James Gipson, P.O. Box 219 Eagle, Idaho. Mr. Gipson represents Definitive Properties and
reviews the application. Mr. Gipson states that they have met with ACHD and they did not
want the right of way. Also asks if the City every received comment back from ACHD.
Vaughan reviews the staff report.
Franden opens the public hearing.
Franden closes the public hearing.
Deckers moves to approve RZ-5-00 Rezone from R-4 to CBD-DA with staff
recommended conditions of approval with the following addition. Add to #5: If ACHD
will not accept the right of way at this time, the applicant shall, at a minimum, create an
easement for the future extension of Aikens Road. Seconded by Bloom. ALL
A YE....MOTION CARRIES.
D. RZ-8-00 - Rezone from R-4 to MU-DA-P - Mercv Housine Idaho. Inc.: Mercy Housing
Idaho, Inc., represented by Rich Kenny, is requesting a rezone from R-4 (Residential) to MU-
DA-P (Mixed Use - with development agreement-PUD). The 5.73-acre site is located on the
east side of Eagle Road approximately 1,760-feet north of State Street at 544 North Eagle
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Road.
Franden introduces the item.
Jim Birdsall is representing Mercy Housing Idaho. To clarify this is a private - not for
profit entity that seeks to provide affordable housing. Mr. Birdsall reviews the
application. Discusses how this application is in compliance with the Comprehensive
Plan.
Vaughan reviews the staff report.
Franden opens the public hearing.
Barry Burnell adjacent property owner on the southeast comer of the property.
Comments on zoning and current zoning density vs. the proposed zoning. Concerned
that if Mercy Housing were to pull out of the project, that low-income housing could go
onto the site. Feels that iflow income were to go in that his home value would be
negatively impacted.
Leslie Fieselman, concerned with the maintenance of the facility. Lives almost directly
behind the site. Concerned with the impact of the project on homes in the price range
of 200,000 to $250,000 that are adjacent to the site.
Gena Bedegi, lives north of the site. The project will be in her "backyard", it will
impact their view, and property value. Does not like the project. It is very close to her
backyard and they will loose their privacy and alter their lifestyle.
Jack Fieselman, 267 Mango Drive Eagle, Idaho. Biggest concern is the number of units
is very excessive for the R-4 zoning. The homes will impact the view and will cause a
loss of privacy. Does not feel that landscape buffering will not adequately address their
concerns.
James Gipson, 289 Yellowpine Place Eagle, Idaho. Has no objections to the proposal
as the applicant has presented it. He asks that a condition of approval be that the site
must be used for senior housing. Also has concern with access onto Eagle Road.
Franden closes the public hearing.
Jim Birdsall comments on request for a MU Zone. He also states that while this is
elderly housing, it is low-income elderly housing. When funding is acquired by Mercy
Housing they must commit to the site for 40 years. Mercy Housing will do the
maintenance of the site, the quality of maintenance is very high and invites people to
contact municipalities where other Mercy Housing projects are located. Mr. Birdsall
hopes to work with the neighbors and keep an open line of communication.
Discussion amongst the Commission.
Deckers moves to approve RZ-8-00 Rezone from R-4 to MU-DA-P with conditions as
presented by staff with the following conditions. Adding: #2.5 This development
shall be restricted specifically for the housing of older persons. 2.6 This
development shall be restricted to no more than 61 units. 2.7 Landscape buffering
and siting of the dwelling units shall mitigate the effects of the development on
adjacent homeowners. Seconded by Bloom. ALL A YE...MOTION CARRIES.
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6.
NEW BUSINESS:
A. FPUD-2-00 & FP-3-00 - Final Development Plan and Final Plat for Brookwood
Subdivision No.3 - Aries Development: Aries Development, LLC, represented by Mike
Hormaechea, is requesting final development plan and final plat approval for Brookwood
Subdivision Phase 3, a 59-lot (45-buildable) residential subdivision. A portion of Phase 1 is
proposed to be replatted and included into this phase. This 31.4-acre (approx.) phase of
Brookwood PUD is located on the northeast corner of Floating Feather Road and Eagle Road
(east of Phase 1 and north of Phase 2). The site is within the Eagle City Limits.
Franden introduces the item,
Tim Stover representing Mr. Hormachea. Mr. Stover makes himself available for
questions.
Vaughan reviews the staff report.
Discussion amongst the Commission, Mr. Stover, and Mr. Vaughan.
Deckers moves to deny FPUD-2-00 & FP-3-00 Final Development Plan and Final Plat for
Brookwood Subdivision No.3 based that adding lot density in the floodplain portion of
this development is not in compliance with the original development's approval.
MOTION DIES DUE TO LACK OF SECOND.
Franden moves to approve and the approval is based on the technical requirements for
approval of this subdivision, but the Commission recommends that the City Council
look closely not only at the technical aspect but the historical and political decision that
was made in the original approval ofBrookwood Subdivision, as it pertains to density
on the floodplain vs. the rim. Seconded by Bloom. Discussion. ONE A YE...TWO
NAY. MOTION FAILS.
Discussion. McFadden provides input regarding no net loss and the requirements
placed on Brookwood.
Franden moves to adjourn. MOTION DIES DUE TO LACK OF SECOND.
Franden moves to approve item 6A to pass on to City Council for their thorough
evaluation. Seconded by Bloom. TWO AYE...ONE NAY...MOTION CARRIES.
8. REPORTS: None
A. Commission:
B. City Attorney
C. Staff
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9. ADJOURNMENT: Bloom moved to adjourn at 12:30 p.m. Seconded
Deckers. ALL AYE...MOTION CARRIES...
RESPECTFULLY SUBMITTED:
lQ r~ 9. ~ 2:Q~
SHARON K. MOORE
CITY CLERK/TREASURER
APPROVJ}~ .
~s. FRANDEN
CHAIRMAN
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A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT
CITY HALL.
Page 7 of?
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NAME ADDRESS TELEPHONE PRO? CON?
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PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
Subject:RZ-4-00/PPUD-4-00/CU-6-00/PP-5-00 Eaele Island Ranch Estates
July 17,2000
7:00 P.M.
PLEASE PRINT LEGIBLY
Page 1 of 1
NAME ADDRESS TELEPHONE PRO? CON?
PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
Subiect:RZ-5-00 Rezone from R-4 to CBD-DA - Definitive Properties
July 17, 2000
7:00 P.M.
PLEASE PRINT LEGIBLY
Page 1 of 1
PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
Subiect:RZ-8-00 Rezone from R-4 to MU-DA-P - Mercy Housin~
July 17,2000
7:00 P.M.
PLEASE PRINT LEGIBL Y
NAME ADDRESS TELEPHONE PRO? CON?
Page 1 of 1
PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
fuillject:PPUD-I-00/CU-2-00 Winco Foods Inc. Shoppin2 Center
July 17,2000
7:00 P.M.
PLEASE PRINT LEGIBL Y
NAME ADDRESS
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Page 1 of 1
July 3, 2000
Mr. William E. Vaughan
Interim Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, ID 83616
Re: Mercy Housing Idaho, Inc.
Dear Mr. Vaughan:
et -7.71/10
RECEIVED a FILED
CITY OF EAGLE
,l in_ 1 4 2000
korc• to.
After reviewing the application of the Mercy Housing Idaho, Inc.,
request for rezoning, we find it unacceptable. We reject any modifications
to the current R-4 status of that property.
We have resided in Eagle for the last 12 years and we do not, and will
not support any modifications to the property which is located directly
south of our property (rezone site plan lot #5).
When we moved to Eagle, it was because of the quiet neighborhood,
beautiful views and small town. We have watched Eagle grow and it has
become a beautiful unique community. However, we will not have any of
our rights, as property owners, taken from us. We bought our property
when the proposed rezone site was a farm. A church is now located at that
site (residential, R-4?). Any modifications that will require building or
obstructing our view will not be acceptable.
Sincere)
-rrAA, Vo,„„c et 06
Mr. and Mrs. Paul Bedegi
?z 7//7/67J
After careful review and consideration of the Wroten/Meek proposal
consisting of 46 residential lots of varying sizes and three common lots
comprising two lakes and a nature preserve area, we hereby support
approval of this project. As neighbors of this property, we are in favor of
this development and attest to such with our signatures below.
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