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Minutes - 2000 - Planning & Zoning - 12/18/2000 - Regular ORIGINAL EAGLE PLANNING AND ZONING COMMISSION December 18, 2000 6:30 PM The Planning and Zoning Commission met in regular session on December 18,2000 Chairman Franden presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present FRANDEN, BLOOM, DECKERS, NORDSTROM, CADWELL. A quorum is present. 3. CONSENT AGENDA: A. Minutes of November 20, 2000. B. Minutes of December 4,2000. C. Findin2s and Conclusions for A-5-00IRZ-13-00 - Castleburv Subdivision: Capital Development Inc., represented by Jim Howard with JJ Howard Engineering, is requesting an annexation and rezone from RT (Rural Transition) to R-l (Residential one unit per acre maximum) for Castlebury Subdivision. The 78.87-acre, 89-lot (77-buildable) residential subdivision is located north of Chinden Boulevard approximately I-mile west of Locust Grove Road at 990 E. Chinden Boulevard. D. Findin2s and Conclusions for PP-15-00 - Castleburv Subdivision: Capital Development Inc., represented by Jim Howard with JJ Howard Engineering, is requesting preliminary plat approval for Castlebury Subdivision. The 78.87-acre, 89-lot (77-buildable) residential subdivision is located north of Chinden Boulevard approximately I-mile west of Locust Grove Road at 990 E. Chinden Boulevard. E. Findin2s and Conclusions for PP-14-00 - Eae:le River Subdivision - Ea2le River LLC: Eagle River LLC, represented by Bill Clark with Clark D~lopment, is requesting preliminary plat approval for Eagle Ri ver rSubdivision. The 90-acre, 7-lot (5-commercial, I-residential, I-city park) subdivision is located on the southeast comer of Eagle Road and State Street (Highway 44). F. Findine:s and Conclusions for RZ-ll-00 - 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. K:\P&Z\MINUTES\2000\PZ -12-18-00min.doc Page 1 of? G. .Eill!J.ine:s and Conclusions for ZOA-4-00 - David Roylance and Ron ~ David Roylance and Ron Bath, represented by Mark Butler with Land Consultants Inc., is proposing to amend Eagle City Code Title 8 "Zoning", Chapter 6 "Planned Unit Developments", Section 5 "Site and Structure Regulations and Requirements", Subsection 4 "Increased Residential Density"; Providing a Severability Clause; And Providing an Effective Date. The amendment is to provide additional incentive for communities for "older persons" (55 and over) to be included within residential Planned Unit Developments. Nordstrom moves to approve the Consent Agenda as presented. Seconded by Bloom. ALL A YE...MOTION CARRIES. 4. OLD BUSINESS: A. RZ-14-00 - Rezone from R-4 to MU-DA - IFI Partners II: IFI Partners II, represented by John Evans is requesting a rezone from R-4 (Residential) to MU-DA (Mixed Use with Development Agreement). The 2.82-acre site is located on the south side of Hill Road approximately 700 feet west of State Highway 55. (This item was continued from November 20, 2000 Planning & Zoning Commission meeting) Franden introduces the item. John Evans, 5699 N. Ripple Way Garden City, representing the applicant presents the application. Mr. Evans states there are no recorded easements present, submits document to Commission showing there is no encumbrance on the property. Franden opens the public hearing. Commission asks questions of applicant. City Attorney arrives. Commission asks City attorney to review the document submitted by Mr. Evans. Jeff Lowe answers questions of the Commission. Franden closes the public hearing. Deckers discusses Picadilly Findings & Conclusions. Deckers moves to approve RZ-14-00 - Rezone from R-4 to MU-DA - IFI Partners II with staff recommendations and the following additions and corrections; the developer extend an 8" sewer pipe to the west (Low property) to enable the Low residence to connect to sewer. Prior to signing the final plat the parties shall resolve the easement issues. The residential portion of this development shall be K\P&Z\MINUTES\2000\PZ -12-18-00min.doc Page 2 of 7 limited to 4 units per acre. The permitted and prohibited uses presented by staff be replaced with those as found for Picadilly Village, with the following exceptions in the findings and conclusions for Picadilly; strike emergency health care (p.19), strike laboratories, restaurants, beauty & barber shop, limited retail sales. Under conditional use, strike flex space, industry research & development and research activities (p.20). Seconded by Bloom. Discussion. Deckers amends motions to not strike the following uses from the conditional use permit; flex space, industry research & development and research activities. Seconded by Bloom. Discussion. Deckers amends motion per advice from staff regarding issuing building permits until easement issue is resolved. 4 AYE 1 NAY (Deckers)...MOTION CARRIES. Deckers makes a substitute motion, Deckers moves to deny RZ-14-00 - Rezone from R-4 to MU-DA as it does not comply with the intent of the concept plan that was presented at the time of the comprehensive plan change. Seconded by Bloom. Discussion. 1 AYE (Deckers) (Cadwell Abstains) 3 NAY. ..MOTION FAILS. B. ~5-00 - Rezone from A to R-3 & PS - Hillview Development Corporation: Hillview Development corporation, represented by Mark Butler with Land Consultants Inc., is requesting a rezone from A (Agricultural) to R-3 & PS (Residential up to three units per acre and Public/Semi-Public). The 49.84-acre site is located on the southeast comer of East Floating Feather Road and North Eagle Road. (This item was continued from December 4, 2000 Planning & Zoning Commission meeting) Franden introduces the item. Public Hearing closed at last Planning & Zoning meeting. Discussion between Lowe and the Commission regarding Lowe meeting with ACHD on issues the Commission had at the public hearing, specifically the amount of common area. Commission asks applicant's representative to review the application. Mark Butler, 222 EState St., Eagle. Mr. Butler presents the results of the meeting with ACHD and homeowners in adjacent subdivisions and discusses the changes made. Wendall Bingham, 911 Meridian St, Meridian. Mr. Bingham representing the Meridian School District answers the Commissioners concerns regarding bus traffic. Dave Larson, 384 Longwood Dr. Eagle. Mr. Larson lives south of development. (testimony was not given per City Attorneys recommendation). Nordstrom moves to approve RZ-15-00 - Rezone from A to R-3 & PS with conditions as noted by staff. Seconded by Deckers. Discussion. ALL AYE... K:\P&Z\MINUTES\2000\PZ -1 2,1 8-00min.doc Page 3 of7 MOTION CARRIES. C. PP-17 -00 - Red Leaf Heiehts Subdivision - Hillview Development Corporation: Hillview Development Corporation, represented by Mark Butler with Land Consultants Inc., is requesting preliminary plat approval for Red Leaf Heights Subdivision. The 49.84-acre, 144-lot (12S-residential, 18-common, 1- school) residential subdivision is located on the southeast comer of E. Floating Feather Road and N. Eagle Road. (This item was continued from December 4, 2000 Planning & Zoning Commission meeting) Discussion between Mr. Vaughan and Commission. Nordstrom moves to approve PP-17-00 - Red Leaf Heights Subdivision as submitted with staff recommendations. Also, clarify that we need a reconfiguration on lot 15 to allow for an ACHD approved turn around in this lot location. The applicant shall install signs directing construction traffic on to Eagle Road and Floating Feather away from surrounding subdivisions. The applicant will work with the homeowner across the street from entrance at Manchester Dr. and Eagle Rd. and agree to her request to eliminate lights and traffic disturbance coming out from the subdivision that would reflect directly on her house. The applicant shall create a cross access restriction between Ranch Drive and the property that will tie into the school. To restrict street access from Orleans Way through the property that will ultimately go to the school and connect to Ranch Drive. The developer shall post trash notice signs at each building site within the subdivision with phone number of person in charge so neighbors can call that person with their concerns. Develop some kind of communal amenities in the parks that will draw neighbors together, example could be swing sets and picnic tables. Seconded by Bloom. Discussion. Nordstrom amends motion to include no through access will be allowed between Orleans Way and Ranch Drive. Place a restriction on lot 15 when it develops so it shall not create a cross access. Do an off site development on the parcel directly across the street to furnish landscape and fencing to mitigate the effect of headlights onto that property and relocate her driveway to help mitigate those lights. Seconded By Bloom. ALL AYE... MOTION CARRIES. Franden calls a brief break. 5. PUBLIC HEARINGS: A. CU-16-00 - Transitional Home for Youth - The Family Table: The Family Table represented by Christopher A. Heindel, is requesting conditional use approval to provide a supervised group home to serve as a community-based transitional home for local youth. The site is located approximately 1,4 mile south of East State Street and % mile west of the intersection of East State Street and Horseshoe Bend Road.JThis item was continuedfrom December 4,2000 Planning & Zoning Commission meeting) K:\P&Z\MINUTES\2000\PZ -1 2-1 8-00min.doc Page 4 of 7 Franden introduces the item Mr. Heindel is not present at this time. Patrick Calley, 1121 EState St., from the Ada County Sheriffs Department. Mr. Calley addresses the concerns of the Commission. Mr. Calley speaks about the offenders who will live in this home and potential problems with this home. The Commission would like to continue this item so that Mr. Heindel can be present. Bloom moves to continue to CU-16-00 - Transitional Home for Youth to January 16, 2001. Seconded by Cadwell. ALL A YEoooMOTION CARRIES. B. RZ-16-00 - :Jlezone from ~-4 to CBD - J Bar K & Associates: J Bar K & Associates, represented by James Band is requesting a rezone from R-4 (Residential) to CBD (Central Business District). The 0.41-acre site is located on the west side of Eagle Road approximately 600-feet south of State Street at 209 South Eagle Road. (This item will be continued to January 2, 2001) C. Zonine: Ordinance Amendment - ZOA-3-00 - Citv of Eaele: 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" to change the definitions of Subdivision, Original Parcel of Land, Lot and adding definitions for Parcel, Contiguous Parcels, Comprehensive Plan, Preliminary Plat, Final Plat; and to amend Chapter 2 "Subdivision Plats and Procedures", Section 8 "Lots Splits" to narrow the applicability of the lot split procedure. (The Public Hearing for this item was continued from the November 20,2000 Planning & Zoning Meeting). Franden introduces the item. Mr. Vaughan provides an overview of this item. Mr. Vaughan will present more information in regards to this amendment to the Commission on January 16, 2001. Bloom moves to continue Zoning Ordinance Amendment - ZOA-3-00 - City of Eagle to January 16, 2001. Seconded by Nordstrom. ALL A YEooo MOTION CARRIES. D. Zonine: Ordinance Amendment - ZOA-5-00 - Citv of Eae:le: The City of Eagle is proposing to amend Eagle City Code Title 9 "Land Subdivisions" Section 9-4-1-2 & 9-4-2-2, to require completion of roadway asphalt prior to K:\P&Z\MINUTES\2000\PZ ,12,18,OOmin.doc Page 5 of? the issuance of building permits, to exempt street construction from the guarantee of improvement provisions, and to eliminate negotiable bonds therefrom. (The Public Hearing for this item was continuedfrom the November 20, 2000 Planning & Zoning Meeting). Franden introduces the item. Mr. Vaughan provides an overview of this item. Discussion between Commission and Attorney on performance bonds. Discussion between Commission and Mr. Vaughan. Bill Clark, 479 Main Street Boise. Mr. Clark provides a rebuttal and additional information on this item. Deckers asks questions of Mr. Clark. Franden would like Staff to research Compass and DEQ lawsuit and settlement and if it would have any impact on this ordinance. Discussion amongst the Commission. Bloom moves to continue Zoning Ordinance Amendment - ZOA-5-00 - City of Eagle to February 5, 2001. Seconded by Nordstrom. ALL A YE...MOTION CARRIES. E. Zonine: Ordinance Amendment - ZOA-6-00 - Citv of Eae:le: The City of Eagle is proposing to amend Section 8-2-4, Eagle City Code, to require an offsetting increase in open space (of the same footage) for any decrease in minimum lot size within a planned unit development subdivision. (The Public Hearing for this item was continued from the November 6, 2000 Planning & Zoning Meeting). Vaughan excuses himself from meeting. Franden introduces the item. City Attorney, John McFadden, provides clarification on this item. General discussion. Franden opens the public hearing. K:\P&Z\MINUTES\2000\PZ ,1 2,1 8-00min.doc Page 6 of? Franden closes the public hearing. Nordstrom moves to accept Zoning Ordinance Amendment - ZOA-6-00 as presented. Seconded by Deckers. Discussion by McFadden. ALL AYE... MOTION CARRIES. Deckers would like to pass on intent to the City Council with some applicable changes in the PUD ordinance. 6. NEW BUSINESS: A. Review of TIP Priorities for FY 2002-2006. Bloom moves to approve Review of TIP Priorities for FY 2002-2006. Seconded by Deckers. ALL A YE...MOTION CARRIES. 7. REPORTS: A. Commission: Discussion of the Transportation Advisory Committee. B. City Attorney: None C. Staff: None 8. ADJOURNMENT: Bloom moved to adjourn at 10:06 p.m. Seconded by Nordstrom. ALL A YE...MOTION CARRIES... RESPECTFULLY SUBMITIED: {3. ~ 0' R~ ~ ~~~ ;:-~( r!> "tOftJ( ~ fl~\Z ~ :~o ...# SHARON K. MOORE *i _.~* CITY CLERKffREAS URER ~\%S.' EA. .. .L ~~~. ; ~ ~ :-t..~> OF ~~ PROVE : L~ OHN S. FRANDEN CHAIRMAN A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL. \\EAGLENTl \COMMON\P&Z\MINUTES\Temporary Minutes Work Area\PZ -12-18,OOmin.doc Page 7 of7