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Minutes - 2001 - Planning & Zoning - 01/02/2001 - Regular ORIGINAL EAGLE PLANNING AND ZONING COMMISSION January 2, 2001 6:30 PM The Planning and Zoning Commission met in regular session on January 2, 2001 Chairman Franden presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present FRANDEN, DECKERS, NORDSTROM, CADWELL. Absent BLOOM. A quorum is present. 3. CONSENT AGENDA: A. Minutes of December 18,2000. B. Findin2:s and Conclusions for - PP-16-00 - Red Leaf Manor Subdivision: Hillview Development Corp., represented by Mark Butler with Land Consultants Inc., are requesting preliminary plat approval for Red Leaf Manor Subdivision. The 4.29-acre, 14-lot residential subdivision is located south of E. Floating Feather Road approximately 220-feet west of Eagle Hills Way. C. Findin2:s and Conclusions for - RZ-15-00 - 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. D. ~in2:s and Conclusions for PP-17-00 - Red Leaf Hei2:hts 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 (125-residential, 18-common, I-school) residential subdivision is located on the southeast comer of E. Floating Feather Road and N. Eagle Road. Deckers would like to pull items 3A & 3D from the Consent Agenda. Item 3 D will be moved to Old Business. Deckers moves to approve items 3B & 3C on the Consent Agenda. Seconded by Nordstrom. ALL AYE...MOTION CARRIES. Deckers approves the minutes of December 18, 2000 as amended. Seconded by Nordstrom. ALL A YE...MOTION CARRIES. \\EAGLENT1\COMMON\P&Z\MlNUTES\Temporary Minutes Work Area\PZ -Ol-O2-01min.doc.doc Page 1 of 9 4. OLD BUSINESS: Item 3D Discussion on the site-specific conditions. Mark Butler 222 E. State St. Mr. Butler discusses the temporary turn around into the elementary school recommended by ACHD. Discussion amongst the Commission regarding changes to the site specific conditions. On # 17 insert the word "strike" instead of "allowed." On #18 strike "to Ranch Drive" and insert "between Orleans Drive and Ranch Drive". And strike #21 and replace with wording provided by Land Consultants. Deckers moves to approve PP-17 -00 - Red Leaf Heights Subdivision-Hillview Development Corporation with the changes to site specific conditions # 17 & 18, discussed above. Site specific condition # 21 be stricken as written and be replaced with the wording proposed by Land Consultants. Seconded by Nordstrom. ALL A YE...MOTION CARRIES. 5. PUBLIC HEARINGS: A. RZ-16-00 - Rezone from R-4 to CBp -.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 was continued from the December 18,2000 Planning & Zoning Meeting.) Franden introduces the item. James Band, 82 E. State Street, Eagle representing J Bar K & Associates presents the application. Mr. Band discusses the easement problem with the property. Jeff Lowe presents the staff report. Franden opens the public hearing Commission asks questions of Mr. Band regarding the irrigation ditch. Deckers asks Mr. Band the intent for the west end of the property. The house next door will be moved and used for storage. Franden closes the public hearing. Deckers asks Mr. Lowe questions on the cross access easement in the development agreement. \\EAGLENT1\COMMON\P&Z\MlNUTES\Temporary Minutes Work Area\PZ -Ol-O2-01min.doc.doc Page 2 of 9 Deckers moves to approve RZ-16-00 - Rezone from R-4 to CBD-DA - J Bar K & Associates with staff recommendations and make specific changes to staff recommendation #2 shown on page 7 of 7. Strike the words "along the western boundary of this parcel" and replace with "located in the western two thirds of this property". In the Development Agreement, on page 2 of 6, strike the words "adjacent to the west property line" and insert the words "located in the western two thirds". Seconded by Nordstrom. ALL AYE... MOTION CARRIES. B. RZ-17-00 - Rezone from A-R to MU - Lloyd Campbell: Lloyd Campbell, represented by Roylance & Associates, is requesting a rezone from A-R (Agricultural-Residential) to MU (Mixed Use). The 1.09-acre site is located west of State Highway 55 approximately 150-feet south of Beacon Light Road at 12700 Horseshoe Bend Road. Franden introduces the item. Scott Field 391 West State St. Eagle, with Roylance and Associates representing Lloyd Campbell, presents the application. Franden asks questions of Mr. Field regarding items existing on the property and what the future plans are for the property. Jeff Lowe presents the staff report. Nordstrom asks Lowe questions on water flows on this parcel. Franden opens the public hearing. Michael Pearson, 752 Los Luceros Drive. Mr. Pearson is opposed to the rezone, he is concerned about heavy traffic and congestion at this intersection, refers to his letter he submitted. Dwayne Speegle, 2295 E Deer Point Court. Mr. Speegle is opposed to the rezone, he does not think a one acre parcel is large enough for a commercial development. Feels the intent for the parcel should be identified. Hope Cox, 752 Los Luceros Drive. Ms. Cox states the left turn heading north is an extremely blind comer and increased traffic will create a safety problem. Curtis Stoddard, 2462 N. Majestic Place. Mr. Stoddard is president of and lives in the Bogus Ridge subdivision. States a rezone would create unsafe traffic conditions. Deckers explains a development agreement to Mr. Stoddard and asks him if he would be willing to work with neighbors on a development agreement. \\EAGLENT1\COMMON\P&Z\MlNUTES\Temporary Minutes Work Area\PZ -Ol-O2-01min.doc.doc Page 3 of 9 Franden questions enforcing the parking problem in this location. Derrick Upland 2705 N. Showcase. Mr. Upland is concerned that this rezone will add to more traffic and problems in this area. Gives a brief overview of this area and the sewage problems resulting in previous development in this area. JP Johnston, 10770 Janey Rd. Mr. Johnston is opposed to the rezone as there is already too much noise and lights in this area. Ronald Garrahan, 1824 Cottontail Court. Mr. Garrahan states that everyone in the area is opposed to the rezone. Paul Miller, Buckskin Court. Mr. Miller would like to add that Mr. Campbell's credibility should be questioned. Scott Field rebuts the testimony. Nordstrom asks questions of Mr. Field regarding ownership of surrounding property, and whether a development agreement should have been submitted with this application. Deckers would like the applicant to meet with surrounding homeowners. Some concerns the Commission has are, the sewer, the traffic and lighting for this parcel. Franden closes the public hearing. Franden comments on the high number of individuals concerned about the development in this area. Another commercial property in this area would not enhance this site and could cause a serious traffic problem. Good communication needs to be established between the applicant and the neighbors. Mr. Franden is also very concerned about the existing sewer problem. Franden moves to deny RZ-17-00 - Rezone from A-R to MU - Lloyd Campbell. If applicant wishes to bring it forward again, then bring it back with a development agreement and include the comments he made. Seconded by Nordstrom. Discussion. 3 AYE 1 NAY (DECKERS)...MOTION CARRIES. A'PPLIGA>-r, 'Ct"-' Deekers COJIlJll¿nts tlml LlH~ lL.UJÛtm should nOt have been lÌì:;llicd. Franden calls a brief recess. C. CU-17-00 - Four portable Classrooms for ~hool-l\1eridian Joint School District No.2: Meridian Joint School District No.2, represented by \\EAGLENTl\COMMON\P&Z\MlNUTES\Temporary Minutes Work Area\PZ -Ol-O2-01min.doc.doc Page 4 of 9 Leatham-Krohn-Van Ocker Architects, is requesting conditional use approval to install four additional divided portable classroom buildings at Eagle High School. The site is located on the east side of Park Lane approximately 2,OOO-feet north of State Street at 574 North Park Lane. Stillman Anderson, 1735 Federal Way Boise, representing the applicant presents the application. Mr. Anderson addresses the comments made by the fire department. States that the school district is looking at relocating the portables in a slightly different location then what was submitted to accommodate the soccer fields. Nordstrom questions needing additional portables at the high school. Jeff Lowe presents the staff report. Commission asks questions of Mr. Lowe regarding the concerns of the fire department. Commission asks questions of Mr. Anderson. Franden opens the public hearing. Franden closes the public hearing. Nordstrom moves to approve CU-17-00 - Four Portable Classrooms for Eagle High School- Meridian Joint School District No.2 with staff recommendations. Also include, the time limit is three years maximum. The applicant shall meet with the fire dept. and provide access that is acceptable. The lighting shall be brought into city code. Seconded by Deckers. Discussion. ALL A YE...MOTION CARRIES. D. CU-18-00 - Ea2:le Towne & Country Centre - Ea2:le Development Associates LLC: Eagle Development Associates LLC, represented by Jeff Huber, is requesting a conditional use approval for Eagle Towne & Country Centre. The 44.38-acre, 14- lot commercial subdivision is located on the north side of State Highway 44 between Highway 55 and Horseshoe Bend Road, at 3182 East State Street. Franden introduces the item. Nordstrom asks to combine items 5D & 5E for the public hearing. E. ~ - Ea2:le Towne & Country Centre - Ea2:le Development Associates LLC: Eagle Development Associates LLC, represented by Jeff Huber, is requesting a preliminary plat approval for Eagle Towne & Country Centre. The 44.38-acre, 14-lot commercial subdivision is located on the north side of State Highway 44 between Highway 55 and Horseshoe Bend Road, at 3182 East State Street. \\EAGLENT1\COMMON\P&Z\MlNUTES\Temporary Minutes Work Area\PZ -Ol-O2-01min.doc.doc Page 5 of 9 Jeff Huber, 416 S 8th Street Boise, representing the applicant presents the application. Mr. Huber distributes handouts to aid in his presentation. Franden asks Mr. Huber to provide information in regards to the uses in the front pad sites. Deckers would like to know how this plan complies with the comprehensive plan. Specifically by answering two questions. Gary Funkhouser 1299 N. Orchard, Boise. Mr. Funkhouser is an Engineer with Earthtech, he provides an overview of the traffic study. Jeff Lowe presents the staff report. Discusses variances for the height exceptions under site specific condition #4. Commission asks questions of Mr. Lowe. Franden opens the public hearing Rebecca Needles, 7940 Horseshoe Bend Rd. Boise. Ms. Needles is concerned about additional traffic onto Horseshoe Bend Road to avoid a traffic signal. Ms. Needles is also concerned about the odors from the fuel station, and bright lights shining into her house. Richard Cashman, 7940 Horseshoe Bend Road. Boise. Mr. Cashman states the development is directly across from his driveway and he is opposed to the widening of Horseshoe Bend Road. Mark Olsen, 10473 Shields Ave, Boise. Mr. Olsen states he is representing the homeowners in Randalls Acres and is concerned about their decrease in housing values. States there is too much development in one area. Concerned about the wildlife in this area. Right now the area is quiet and dark and would like that addressed. Would like this continued until more information is provided. Brian Simmons 10097 Utahna Road, Boise. Mr. Simmons is concerned about increased use on Utahna Road. States there are no sidewalks or curbs on this road and would like this concern addressed. Larry Leasure from White Leasure Development Company rebuts the testimony. General Discussion. Franden asks Ms. Needles and her son Richard Cashman to point out the location of their house on the aerial photo. \\EAGLENT1\COMMON\P&Z\MINUTES\Temporary Minutes Work Area\PZ -Ol-O2-01min.doc.doc Page 6 of 9 Franden closes the public hearing. Deckers states he would like to hear from the Economic Development Committee. Franden states that from an economic aspect this will be a positive development in Eagle. Cadwell states that we cannot control all the negative aspects of a project this size, it will be an asset to the community. Nordstrom would like to see the CC&R's first and a clarification by lTD. General Discussion. Areas of concern: 1) lTD clarification. 2) Have the Developer meet with staff. 3) Copy of CC&R's. 4) Have staff contact downtown business so they are aware of project and have time to comment. 5) Bank should be allowed. 6) Take into account hours of business operation and the impact on neighbors. 7) Have developer consider shifting big box as far to west as possible. 8) No more than 375,000sq ft. 9) Address the lighting issue. Discussion. 10) Consider berming along Horseshoe Bend Road. Place traffic restrictions along Utahna Road. (traffic calming devices) 11) Consider an off site improvement to buffer headlights with the agreement of adjacent landowner or possibly shift the entrance. Discussion. 12) Fuel station location. Nordstrom moves to re open the public hearing for CU-18-00IPP-18-00 - Eagle Towne & Country Centre for written comment only. Seconded by Cadwell. ALL AYE...MOTION CARRIES. Nordstrom moves to continue CU-18-00IPP-18-00 - Eagle Towne & Country Centre - Eagle Development Associates LLC to January 16, 2001 Planning & Zoning Meeting to direct staff and the developer to address the twelve issues out lined above. Seconded by Deckers. ALL A YE...MOTION CARRIES. (Written comments should be submitted by 5:00 p.m. Thursday January 11, 2001. F. CU-19-00 - Ea2:le Fire Station #1 - Ea2:le Fire Protection District: Eagle Fire Protection District, represented by Larry R. Knopp, is requesting conditional use approval to install a 44-foot high training tower at the site of their proposed Fire Station. The site is located on the south east comer of Iron Eagle Drive and Plaza Drive within the Rocky Mountain Business Park at 966 East Iron Eagle Drive (Lot 1, Block 4 of Merrill Subdivision #2). Franden introduces the item. Larry Knopp, 355 South Third St., Boise, representing the applicant presents the application. \ \EAGLENTl \COMMON\P &Z\MlNUTES\ Temporary Minutes Work Area \PZ -01-02-01 min. doc .doc Page 7 of 9 Commission asks questions of Mr. Knopp and refers to the site plan for the tower location. Franden opens the public hearing. Franden closes the public hearing. Deckers moves to approve CU-19-00 - Eagle Fire Station #1- Eagle Fire Protection District with staff recommendations and add one addition to site specific condition #2. "No portion of building in excess of 35 feet shall be used for office space, storage space, or human habitation other than typical training exercises." Seconded by Cadwell. ALL AYE... MOTION CARRIES. 6. NEW BUSINESS: A. FPUD-4-00 & FP-I0-00 - Final Development Plan and Final Plat for Banbury Meadows Subdivision No.4. Banbury Meadows, LLC, represented by Roy Johnson, is requesting final development plan and final plat approval for Banbury Meadows Subdivision Phase 4, a 49-lot (47- buildable) residential subdivision. This 16.06-acre (approx.) phase of Banbury Meadows PUD is located on the west side of Eagle Road approximately Y2-mile north of Chinden Blvd. The site is within the Eagle City Limits. B. FPUD-5-00 & FP-ll-OO - Final Development Plan and Final Plat for Banbury Meadows Subdivision No.5. Banbury Meadows, LLC, represented by Roy Johnson, is requesting final development plan and final plat approval for Banbury Meadows Subdivision Phase 5, a 41-lot (39- buildable) residential subdivision. This 16.28-acre (approx.) phase of Banbury Meadows PUD is located on the west side of Eagle Road approximately Y2-mile north of Chinden Blvd. The site is within the Eagle City Limits. Franden introduces the item and combines item 6A & 6B. Roy Johnson representing the applicant presents the application. Mr. Johnson explains the problems with lTD on relocating the sidewalk. Jeff Lowe answers questions of Commission regarding the sidewalk. Mr. Johnson answers questions of Commission regarding when building permits could be issued. Jeff Lowe clarifies site specific condition #4. \\EAGLENTl\COMMON\P&Z\MINUTES\Temporary Minutes Work Area\PZ -01-02-01min.doc.doc Page 8 of 9 Nordstrom moves to approve FPUD-4-00 & FP-I0-00 - Final Development Plan and Final Plat for Banbury Meadows Subdivision No.4 and FPUD-5- 00 & FP-ll-OO - Final Development Plan and Final Plat for Banbury Meadows Subdivision No.5 to accept recommendations as furnished by staff with one addition to site specific condition # 4 that allows the developer to obtain building permits. Maintain a surety. Direct the City Engineer to meet with ITD to resolve this issue for the benefit of the city. Commission would like to have a sidewalk if reasonably possible to maintain the continuity of this community. Set a date certain of 90 days forward for sufficient time for the City Engineer to provide input at which time a decision will be made. Discussion. Seconded by Deckers. ALL A YE...MOTION CARRIES. 7. REPORTS: A. Commission: None B. City Attorney: None C. Staff: None Franden moved to adjourn at 12:14a.m. Seconded by Deckers. ALL A YE...MOTION CARRIES... RESPECTFULLY SUBMITTED'&. "',."'u. '."t.f. . ~ OF l! ,~ # ""~ t¡/"I>"'"o..¿Oj~#~ ;t 'V 0 .""'(À ",. . . " SHARO . MOORE \~. -. j* I ClTY CLERK/TREASURER \. '.'..~.':' - 'd.i.t.,S..~ J ,~ ", "" (.:" ,c:: J.4 " ,,¡,~,~. . ,',.'.-,J' "<,¡o¡ .(: {" q;} ".-; (. " ;J' ~'. ..;.. !."'- !!ii>" .#"""""~,,., ¡'I""'~ A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL. \ \EAGLENT 1 \COMMON\P &Z\MINUTES\ Temporary Minutes Work Area \PZ -01-02-01 min.doc .doc Page 9 of 9 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject: PP -18-00 — Eagle Towne & Country Centre — Eagle Development Assc. January 2, 2001 6:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? dcf.2671 (16/).) t://o q -->,5i (94 7c) \CI\ t -C1 rr) 6 h 7).41-5 qc)-(-9g) Tor -4 CU/c i,: _ /0417? .Sk e ki4 414_, Sl`7G' (1 /C /0op7 zz-b9/7//dl) 853-697 / X X PaQe1of1 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject: CU -18-00 — Eagle 'Towne & Country Centre — Eagle Development Assc. January 2, 2001 6:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? t? HolciLs cL0 v i , ah /q46.)-3bc- Sk,P --r 1 7 Page 1 of 1 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject: CU -19-00 — Ea2le Fire Station #1 — Eaile Fire Protection District January 2, 2001 6:30 P.M. PLEASE PRINT LEGIBLY NAME Okj-07j5-0 //V7//ieftl-5. i� . 4%r- i ADDRESS TELEPHONE PRO? CON? 75/ 7G 00 97 a 7. T7 Page 1 of 1 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject: RZ-16-00 - Rezone from R-4 to CBD - .1 Bar K & Associates January 2, 2001 6:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? 1 --� �? 34-72 - $Soca 11 /A j-_ �1�r� � �•=�i r `tela -7 Coe4e) Page 1 of 1 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject: CU -17-00 — Two Portable Classrooms for Eagle High School January 2, 2001 6:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? Page 1 of 1 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject: RZ-17-00 - Rezone from A -R to MU - Lloyd Campbell January 2, 2001 6:30 P.M. PLEASE PRINT LEGIBLY NAME //e -ho e c‘c) G1 / �e_Pe �P . Cox Y Vt. (4-1,5 cf--06(itt74 /L!M,4 'ir\\g,4\(\ a ADDRESS 75-2_ L s iiUGW v c ,2a9.s-Det /,1/�f 2_4(0-2_ IU _ ,/iii-Gcs esti c tontvetwaw (Sft,t02. R it) Page 1 of 1 TELEPHONE 93c 60E7 939 /&o c/9/ Val n9 12 - PRO? CON? ‘-/ 1. What type of licensure do you have or have you applied for to manage the home? 2. Will you be accepting referrals from agencies other than the Department of Juvenile Corrections? 3. Will you be accepting referrals from agencies based outside of the State of Idaho? 4. What are your admission policies and procedures? 5. What is the range of offenses that a person has committed which will be provided residence at your home? Specifically, will there be anyone convicted of sexual offenses and/or assault charges? Will you be housing persons convicted of felonies or misdemeanors or both? 6. How will you handle a situation whereby one of the supervisory personnel is away from the home and a emergency arises which demands that the other supervisory personnel is called away leaving no one to be there for the other residents? 7. What contacts have you made with local policmg agencies regarding the home and will you have a direct link, other than 911, to them in case of an emergency? 8. You have indicated you are willing to limit the residents in the home to eight. Is that still acceptable? 9. You have referenced youths from "local communities". If not covered in items 2 & 3 above, will you be more specific about where the residents will come from? 10. What is the time frame for establishing the home at the proposed Eagle site and the length of time you will be leasing the property? When your lease expires, what will you then propose to do? JAN -02-01 07:16 PM To: Jeff Lowe or Bill Vaughn From: Cheryl Bloom, Planning and Zoning Commissioner Re; Jan 2, 2001 Hearing 000000000e P.01 Since I am unable to attend the hearing tonight, I am submitting some questions to be passed along to the other Commissioners: Re: CU -18-00 1. Didn't Winco commit to the proposed shopping center directly to the south of this site last year? What's to prevent them from pulling their support of this shopping center if they don't get what they want? 2. "As is" irrigation drawings should be required. 3. Who created the Ada County Highway District 10 -page "draft" document that is in the packet? 4. Traffic issues: ifress/egress/light signal/ onto Hwy 44? 5. I think this matter should be continued until such time us ACI-1D/I 1'D has completely addressed the traffic issues. Otherwise, I vote to deny this application. RE: RI -17-00 Since this is only a rezone, some of this may be premature, but: 1. No sewer connection for the site is available. What are their plans for sewage? 2. Explain what is currently on this piece of property? 3. IIow is water supplied? Irrigation? As is drawings should be submitted. 4. Iias the legal description issue been resolved? 5. What is the proposed use for this site? If possible, I would like to vote via proxy on this matter_ l vote to deny this application_ I give my proxy to John Franden. What is the sidewalk issue on the Final Plat for Banbury?