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Minutes - 2000 - Planning & Zoning - 08/28/2000 - Regular ORIGINAL EAGLE PLANNING AND ZONING COMMISSION August 28, 2000 7:00 PM The Planning and Zoning Commission met in regular session on August 28, 2000 Chairman Franden presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present FRANDEN, BLOOM, DECKERS, NORDSTROM. 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 August 21,2000 Deckers moves to approve the minutes of August 21, 2000 as amended. Seconded by Bloom. ALL A YE...MOTION CARRIES B. Findine:s and Conclusions for A-3-00/RZ-2-00/CU-4-00IPPUD-3-00IPP- 3-00 - Countrvsi4e Estates Planned Unit Development - Capital Development: Capital Development and Tom Ricks, represented by Becky Bowcutt and Richard Cook with Briggs Engineering, are requesting an annexation and rezone from RT (Rural Transition) and A-R (Agricultural- Residential) to R-I-P and R-2-P (Residential one unit per acre maximum and two units per acre maximum - PUD), conditional use, planned unit development preliminary development plan, and preliminary plat approvals for Countryside Estates Planned Community. The development consists of a 62.73-acre, 112-lot (96-buildable) residential subdivision. The site is located near the northwest comer of Ballantyne Lane and State Street. Bloom approves item 3B with the corrections discussed tonight. Seconded by Deckers. ALL A YE...MOTION CARRIES. C. Findine:s and Conclusions for RZ-7-00 - Rezone from A-R to R-E- Tahoe Development LLC: Tahoe Development LLC, represented by Mark Page 1 of? K:\P&Z\MINUTES\Temporary Minutes Work Area\P&Z-O8-28-00min.doc Butler with Land Consultants Inc., is requesting approval of a rezone from A-R (Agricultural-Residential - one unit per five acres) to R-E (Residential Estates - one unit per two acres). The 40-acre site is located on the west side of Ballantyne Lane approximately l,4-mile north of Floating Feather Road at 1701 Ballantyne Lane. Deckers approves item 3C with the corrections discussed tonight. Seconded by Bloom. All AYE. ..MOTION CARRIES. D. Ð!!!Iine:s and Conclusions for PP-8-00- Tahoe Development LLC: Tahoe Development LLC, represented by Mark Butler with Land Consultants Inc., is requesting preliminary plat approval for Tahoe Ridge Subdivision, a 40-acre, 19-1ot residential subdivision located on the west side of Ballantyne Lane approximately l,4-mile north of Floating Feather Road at 1701 Ballantyne Lane. Deckers approves item 3D with the corrections discussed tonight. Seconded by Bloom. ALL A YE...MOTION CARRIES. 4. OLD BUSINESS: A. RZ-9-00lpPUD-6-00IPP-9-00/CU-9-00 - Picadillv Villae:e Planned Unit Development - Stacia Patterson: Stacia Patterson, represented by Mark Butler with Land Consultants Inc., is requesting a rezone from R-4 (Residential- four units per acre) to MU-DA-P (Mixed Use - with Development Agreement-PUD), conditional use, planned unit development preliminary development plan, and preliminary plat approval for Picadilly Village Subdivision. The 6.87-acre, 19-1ot (16-residential, 2-commercial, and I-common) subdivision is located on the southwest corner of State Highway 55 and Hill Road. (This item was continued from the August 21, 2000 meeting) Franden introduces the item. Deckers recuses himself from discussion and voting on this application as he has a conflict of interest. Discussion. Bloom moves to approve RZ-9-00IPPUD-6-00IPP-9-00/CU-9-00 - Picadilly Village Planned Unit Development - Stacia Patterson: with the following site specific conditions. 1. Staff recommendations. 2. ACHD letter requirements including an ITD signoff of the street access and a follow-up letter by ACHD. Seconded by Nordstrom. Discussion amongst the commission. Bloom withdraws motion. Seconded by Nordstrom. Nordstrom moves to approve RZ-9-00IPPUD-6-00IPP-9-00/CU-9-00 with the following conditions. 1. Staff Recommendations. 2. Create a shared access to the Page 2 of? K:\P&Z\MINUTES\Temporary Minutes Work Area\P&Z-O8-28-00min.doc arterial. Seconded by Bloom. Vaughan addresses the issue. Commission directs questions to Mr. Butler Mark Butler, 222 E. State St. Eagle, Idaho. Provides additional information on road access. Discussion between Mr. Butler and Commission. Discussion between Mr. Vaughan and Commission. Nordstrom moves to withdraw the previous motion. Seconded by Bloom. Bloom moves to approve RZ-9-00IPPUD-6-00IPP-9-00/CU-9-00 - Picadilly Village Planned Unit Development - Stacia Patterson with site specific and standard conditions of approval as recommended by staff. Adding the following site specific conditions. All requirements set forward in ACHD letter which includes the ITD signoff of the street access and a follow up letter from ACHD indicating they are aware of any proposed street by the adjoining land owner and this access does not conflict with the proposed private street. Nordstrom seconded. ALL A YE...MOTION CARRIES. (Deckers Abstains). Mr. Butler brings up issue of question marks. Bloom moves to reconsider her motion. Seconded by Nordstrom. ALL AYE... MOTION CARRIES. Discussion amongst Commission. Bloom amends the motion to remove question marks around restaurants in paragraph 2.5.3. on page 16 & 22. Seconded by Nordstrom. ALL AYE... MOTION CARRIES. (Deckers Abstains) 5. PUBLIC HEARINGS: A. RZ-ll-OO - Rezone from R-4 to CBD - Robert Runvan: Robert Runyan is requesting a rezone from R-4 (Residential) to CBD (Central Business District). The 0.18-acre site is located on the east side of Park Road approximately 200-feet north of State Street at 74 Park Road. (The public hearing for this item will be continued to September 5, 2000) B. PP-ll-OO-Eae:le Forum Subdivision - WaldronlGrahamlEae:le Gravel Corporation: WaldronlGrahamÆagle Gravel Corporation, represented by Mark Butler with Land Consultants Inc., is requesting preliminary plat approval for Eagle Forum Subdivision. The 5.95-acre, 5-lot commercial subdivision is located east of Eagle Pavilion Shopping Center at the southeast comer of 2nd Street and Cedar Ridge Drive. Franden introduces the item Mark Butler, 222 E. State St. Eagle, Idaho. Representing WaldronlGrahamÆagle Gravel Corporation reviews the application. States applicant wants to split into four Page 3 of7 \\EAGLENTJ \COMMON\P&Z\MINUTES\Temporary Minutes Work Area\P&Z-O8-28-00min.doc separate lots. Vaughan reviews the staff report. Franden opens the public hearing Discussion amongst Commission and Mr. Butler Discussion between Vaughan and Commission Bloom moves to approve PP-n-OO-Eagle Forum Subdivision- WaldronlGrahamlEagle Gravel Corporation: with following conditions: the conditions of development contained in the application shall be incorporated into approval along with site specific conditions of approval recommended by staff. Also, the language regarding the easement prior to the city clerk signing the final plat provide a copy of the recorded easement that delineates access ways designated as egress easements granted to the public. Include the word public in these records and meet with county engineer's approval. Seconded by Nordstrom. Deckers recommends one more condition. Plat application provides specific detail on managing the surface water on the buildings site and adjacent to pedestrian pathways. Seconded by Nordstrom. ALL AYE...MOTION CARRIES. C. RZ-IO-OO- Rezone from A-R to R-I-DA for West Vallev Baptist Church - West Vallev Baptist Church: West Valley Baptist Church, represented by Mark Butler with Land Consultants Inc., is requesting a rezone from A-R (Agriculture-Residential) to R-I-DA (Residential-one unit per acre with development agreement) The site is located on the north side of State Highway 44 approximately 800-feet east of Park Lane at 3702 West State Street. D. æ:!O-OO-West ValJev Baptist Church and a 50-foot hie:h tower - West Vallev Baptist Church West Valley Baptist Church, represented by Mark Butler with Land Consultants Inc., is requesting a conditional use for a church and a 50-foot high tower for a cross. The site is located on the north side of State Highway 44 approximately 800-feet east of Park Lane at 3702 West State Street. Bloom motions to combine Item 5C & 5D. RZ-IO-OO- Rezone from A-R to R-I-DA for West Valley Baptist Church and CU-IO-OO-West Valley Baptist Church and a 50-foot high tower for public testimony purposes only. Seconded by Deckers. ALL A YE...MOTION CARRIES. Franden calls brief break Franden introduces the item. Mark Butler, 222 E. State St., Eagle, Idaho representing West Valley Baptist Church. Page 4 of? K:\P&Z\MINUTES\Temporary Minutes Work Area\P&Z-O8-28-00min.doc Mr. Butler reviews the application. Vaughan reviews the staff report. Franden opens the public hearing. John Bequette, 3390 Flint Drive, Eagle, Idaho. Member of architectural control committee. Not against church but would like to guard against erosion of covenants as they are. Matt Siron, 3391 Flint Dr, Eagle, Idaho. In agreement with Mr. Bequette. Concerned with future development in area and the use of the land. Robert Cook, Jr. 3468 Flint, Eagle, Idaho. Concerned about covenants being changed Elliot Weiss, 3660 Flint, Eagle, Idaho. Does not want the church in a residential subdivision. Thought they were protected by the covenants the rezone will effect the value of real estate. Austin Streetman, 677 Stierman, Eagle, Idaho. Urges the rezone, it will be an asset to the community. Pastor Roy Shoemate, 174 Lynnwood Circle, Meridian, Idaho. Would like to speak as a Pastor and not a Planner. Churches are committed to lifting and not pulling down. The members of our community should make it easier for churches to do their good work. Would like members of Flint Subdivision to meet with them and make exceptions. Kathy Streetman, 677 Stierman, Eagle, Idaho. Not really suitable for a residence, a better use would be a church. Mark Butler rebuts the public testimony. Discussion amongst Mr. Butler and Commission. Mr. Weiss answers the Commission questions as to what is located on the lots in this area. Pastor Shoemate also responds to Commission questions. Franden closes the public hearing. Discussion amongst the Board. Vaughan addresses the issue. Nordstrom moves to table both items until September 18, 2000. Seconded by Page 5 of? K:\P&Z\MINUTES\Temporary Minutes Work Area\P&Z,O8,28,OOmin.doc Deckers. ALL AYE... MOTION CARRIES. E. ZOA-3-00-Zonine: Ordinance Amendment-City of Eae:le: The City of Eagle is proposing to amend Eagle City Code Title 9 "Land Subdivisions", Chapter 1 "General Subdivision Procedures", Section 6 "Rules and Definitions", and Chapter 2 "Subdivision Plats and Procedures", Section 8 "Lots Splits" to change the definition Franden introduces item Vaughan reviews the item Franden opens the public hearing Mark Butler, 222 E. State St. Eagle, Idaho. Mr. Butler Asks the question" How can a lot split that's two lots not be a subdivision"? Bloom motions to move back to attorney for clarification. Seconded by Deckers. Franden calls a break. Deckers moves to accept ZOA-3-00-Zoning Ordinance Amendment as proposed by City staff with the following exceptions: Paragraph 9-1-6 shall read: SUBDIVISION: The result of an act of dividing any lot, tract or parcel of land into two (2) or more parts except as allowed in Eae:le City Code 9-2-8 for the purpose of transfer of ownership or development, which shall also include the dedication of a public street and the addition to, or creation of, a cemetery Under section 9-2-8, add item D. Lot split in a platted subdivision shall not be permitted. The Commission instructs the city attorney to further consider revising the definition of the original parcel with respect to the changes proposed. Those changes shall be considered as part of this application. Seconded by Bloom. ALL AYE... MOTION CARRIES. 6. 7. NEW BUSINESS: None REPORTS: A. Commission: Deckers recommended to staff to modify ordinances with respect to P&Z on how to calculate open space. Vaughan comments Discussion amongst the Commission Franden will not be at the September 18, and the October 2,2000 meeting. Nordstrom might miss the October 2, 2000, meeting. Page6of7 K:\P&Z\MINUTES\Temporary Minutes Work Area\P&Z-O8-28-00min.doc B. City Attorney: None C. Staff: None 8. ADJOURNMENT: Bloom moved to adjourn at 9:53 p.m. Seconded by Franden. ALL A YE...MOTION CARRIES... RESPECTFULLY SUBMITTED: J~ «À-<>- ~ ~ ..... SHARON K. MOORE CITY CLERKffREAS URER APPROVED: { ~ JO S. FRANDEN CHAIRMAN o/~ ;11£"""""'" ,~~ OF B;¡~#¡1.".. t.,,' -<.4.. "t1'f!C".fI¡.,.~.G,.( J',~1:,. ~~ ;fli , ". ",1. /< >"J" "'O"'~'.."".... :r f «'",." <1;-' ,. '::. " vV' 4"~, ~ ~ ~ ~ ~ , ø " ,I~ ",",,0""" "1'""" :: r iI';: t. . " ... ~ "'~ (.': '~"\ ~~. Y ~'f :: \1;.:'",":.':""""." .. c""'."'"""~_i/.'~,',,",,f,,'~,"'¡ .. "":::"',.o-r.. ,..,)., ¡ ~Û-';,"",~", c. ',AI. ".",(), ~ -".:~:;: ,::..~: " ;~""~~-,:'::"';:';» -...~ '" ...:; O,l .\"'d'~ ~ .r"Mir~'t'~ .~i.'¡' Sr.a:>I7f!?V~5 Lkc.e-G-t4IÌlH~ A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL. Page 7 on K:\P&Z\MINUTES\Temporary Minutes Work Area\P&Z-O8,28,OOmin.doc EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject: RZ-10-00— Rezone from A -R to R -1 -DA for West Valley Baptist Church West Valley Baptist Church: August 28, 2000 7:00 P.M. NAME 7/t MadkIS( (OA ?h1- T Coo ! .Jr 'dam PLEASE PRINT LEGIBLY ADDRESS TELEPHONE 134 - Y.743 Ct (A,110r . q,3c -7a-7a q‘ FltR-14 93rc2 3G 60 ri(01t ?-e%q Page 1 of 1 PRO? CON? EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject: CU -10 -00 -West Valley Baptist Church and a 50 -foot high tower — West Valley Baptist Church August 28, 2000 7:00 P.M. PLEASE PRINT LEGIBLY NAME AuSTix..4-eeTin3o ADDRESS 677 "t err4.74v) I l y Corn l S16 trmx n tax` - Pittt'esdAlPVCre-c.7 i O1-4 h)A714 3../ZAtr 3 ‘e, flt14-1( elle 33 9�� r(m, Flat)f\Q 31-16 pi 0;4 Page 1 of 1 TELEPHONE PRO? 93, 75 -?9 34•387a ✓ 99-15°Ick -el-Stiztertt) r / 9�-896 Q?9-7Z 70 q8Cf 47 x'39 Fo9z CON? EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN-IN SHEET Subject: ZOA-3-00—Zoning Ordinance Amendment City of Eagle: August 28, 2000 7:00 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? Page 1 of 1 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject: PP-11-00-Ea2le Forum Subdivision - Waldron/Graham/Eagle Gravel Corporation: August 28, 2000 7:00 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? Page 1 of 1 Land Consultants Inc. 222 E. State Street • Suite B • Eagle Idaho 83616 • Office 208.938.3812 • Fax 208.939.7321 Date: August 28, 2000 TO: City of Eagle Attention: Planning and Zoning Commission 310 E. State Street Eagle, ID 83616 RE: Site Specific Conditions for the Forum Subdivision Dear Commissioners, Please consider the following: Site Specific Condition #1 modified to read: 1... a. Prior to recordation of a final plat provide a coov of a recorded easement that delineates access ways with all such access ways shame designated as "ingress and egress easements granted to the public". Site Specific Condition #2 modified to read to read: The plat shall reference the recorded easement required above and shall include the word "public" in its reference. Thank You. Sincerely, k L. Butler Page 1 of 1 C:wty Ooaxnents1LClllobs 20oo1F«um pp city leZdoc %.3,36 waisea Al 3 1611,000, bow irtitut 08.0%S. =view I I I I ace 0 ;11 I I t41 M8403? /Th 1 id awea•482 1-P) •vimalf:Allismv-129- I r . " Immo* Wm wIth I 1 2 agi ./ o!la i__ 3823 voiLa. nolsing .FN 3? 90b1 Olitk 'Jo 23TAT23 T(4t,i1 90 TA...19 exei acatyretii veal .1-iocipiaguqwm. . 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