Minutes - 2001 - Planning & Zoning - 06/18/2001 - Regular
ORIGINAL
EAGLE PLANNING AND ZONING COMMISSION
June 18, 2001
6:30 PM
The Planning and Zoning Commission met in regular session on June 18,2001
Chairman Franden presiding.
1.
CALL TO ORDER:
2.
ROLL CALL: The following members were present FRANDEN, BLOOM,
NORDSTROM, CADWELL, DECKERS, A quorum is present.
3.
CONSENT AGENDA:
A. Minutes of June 4,2001.
Bloom moves to approve the Consent Agenda as presented.
Nordstrom. ALL A YE...MOTION CARRIES.
4. OLD BUSINESS: None
5. PUBLIC HEARINGS:
A. A-I-0l/RZ-I-01lCU-3-01IPPUD-I-01IPP-2-01- RiversEnd Planned Unit
Development - Howard-Kiser Development Corporation: Howard-Kiser
Development Corporation, represented by Mark Butler with Land
Consultants Inc., is requesting an annexation and rezone from RT (Rural
Transition) to R-2-P (Residential up to two units per acre PUD) and R-2-
DA-P (Residential up to two units per acre with development agreement and
PUD), conditional use, preliminary planned unit development, and
preliminary plat approvals for RiversEnd planned residential development.
The 1O6.83-acre development consists of a 173-lot (147-buildable)
residential subdivision. The site is located approximately Y2-mile east of
Eagle Road on East Island Woods Drive. (This item was continued from the
May 14,2001 Planning & Zoning Commission Meeting)
Franden introduces the item.
Seconded by
The public hearing is still open.
Mark Butler, 52 N. 2nd Street, representing the applicant presents information from the
joint meeting held between the applicant, lTD, ACHD and the Island Woods
Homeowners Association on this application. Mr. Butler states that the applicant's goal
is to get a signal light as soon as possible on Eagle Road. He also addresses the request
for a swimming pool and other amenities. Another issue of concern is the set backs
proposed by City Staff, the applicant would prefer to have the same set backs as the
adjoining Island Woods Subdivision.
Bill Vaughan, City Staff, presents the staff report and addresses the proposed
modifications to the Site Specific Conditions of Approval submitted by Mark Butler
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with Land Consultants.
Hal Turner, President of the Island Woods Homeowners Association. One concern they
have is the possibility of construction traffic being accessed through Monroc and the
hours of operation for construction, will this be seven days per week? Monroc
submitted a letter stating that they would not allow construction traffic through their site
due to liability issues.
Mark Butler, Land Consultants, provides the rebuttal. The hours for construction
activity would be between 8:00a.m. and 9:00p.m. This would exclude Sundays. Mr.
Butler addressed the set back issues again and states that they would like to keep the
same set backs as Islands Woods which are 7 1/2 feet side yard set back the same as
required for an R-3 zone. Mr. Butler states that lot #31 is not a common lot as shown
on the preliminary plat.
Kendal Kemmery, ACHD, addresses the Commissions questions on the traffic analysis.
Deckers asks if the FEMA line has really moved?
Matt Munger, Hubble Engineering, 701 Allen St. Meridian. Mr. Munger states that the
FEMA maps have been released.
Franden closes the public hearing.
Discussion amongst the Commission.
Silven Williamson addresses the question posed by Deckers regarding the issue of the
easement along the northern portion of the property.
Mr. Butler states that the only access to the South Fork of the river is only to the weir
and this is not public access but access for maintenance only.
Lou Alamoada, with the Island Woods Subdivision addresses the Commissions
questions on whether Island Woods has public or homeowners access to the south
channel of the river.
Discussion amongst the Commission.
Deckers moves to approve A-I-0l/RZ-I-0l/CU-3-01IPPUD-I-01IPP-2-01-
RiversEnd Planned Unit Development - Howard-Kiser Development Corporation
with staff recommendations and corrections and changes to the Site Specific
Conditions of Approval as presented by Land Consultants in their June 14, 2001
letter.
.
#4. Remove the double "shall be".
#12. Add, "right of way shall be granted for pathway for the north side of the
South Channel as shown on the City Comprehensive Plan". Also add,
"provide subdivision access to the South Channel".
#18. Strike, Eagles Nest and Osprey Outlook and add "proposed swimming
pool and common lot". The last sentence should read, "these amenities and
landscape plan showing open space amenities shall be reviewed and approved
by the Design Review Board.
#19. Change section "I" to section "G". #19 should read; Minimum lot sizes,
.
.
.
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lot widths and setbacks shall be as stated within the "Site Data" section "G" of
this report with the following revision; All interior side yard setbacks shall
comply with the R-2 interior side yard set backs.
. Add Ssc #25. Hours of operation for construction traffic access into the site
shall be from 8a.m. - 7p.m. Monday through Saturday and prohibited on
Sunday this restriction applies to equipment of 12 tons G.V.W. or over.
. Add Ssc #26. No excavated materials shall be removed from the site.
. Add Ssc #27. Submit a Phasing Plan as part of this application.
. Add Ssc #28. Building envelopes shall be shown on the final plat for all lots
within 50 feet of the flood way line. These building envelopes shall reflect a
minimum setback of 50 feet from flood ways.
The findings shall show that there are 140 buildable lots.
Seconded by Bloom. ALL A YEmMOTION CARRIES.
Deckers moves to have City Council consider keeping lot 41 as a common lot
accessible to the subdivision. Seconded by Bloom. 2 Ayes 3 Nays (Nordstrom,
Franden, Cadwell)...Motion Fails.
Franden calls a 5-minute break at 9:09 p.m.
Franden requests we will hear items 5E, 5F, & 5G before items 5B, 5C, & 5D.
City Attorney states that the Commission will have to hold a public hearing on the
Meridian Joint School District applications.
Franden states that we will continue item 5D till the next Planning & Zoning Meeting.
Franden opens the public hearing for Items 5E, SF, &5G.
Debbie 8776 Monarch St, Eagle. There are no water facilities or septic facilities in
these portables and she has a fire life safety concern with these portables.
Franden closes the public hearing.
Stillman Anderson, with Leatham Krone-Van Ocker Architects, representing the
Meridian Joint School District presents the application. Mr. Anderson states that none
of these buildings have water or restroom facilities but they are available in the main
buildings. They all meet lighting and safety codes and are inspected prior to getting a
Certificate of Occupancy.
Deckers moves to approve CU-5-01- Two Portable Classrooms for Eagle High
School- Meridian Joint School District No.2 with staff recommendations and the
following addition; that the non compliant lighting be brought into compliance.
Approve item CU-6-01 -Two Portable classrooms for Eagle Middle School with
staff recommendations and approve CU-7-01- One Portable classroom for Eagle
Hills Elementary School. Seconded by Bloom. ALL A YEmMOTION CARRIES.
B. RZ-2-01- Rezone from A-R to R-l - RCMPG Investments: RCMPG
Investments, represented by Jean Cariaga with Development Services Inc.,
is requesting a rezone from A-R (Agricultural/ Residential- up to one unit
per five acres) to R-l (Residential- up to one unit per acre) The 14.39-acre
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site is generally located on the southeast comer of Ballantyne Lane and
Hereford Drive.
C. PP-3-01 - Cedro Glen Estates Subdivision - RCMPG Investments:
RCMPG Investments, represented by Jean Cariaga with Development Services
Inc., is requesting preliminary plat approval for Cedro Glen Estates Subdivision
(a replat of a portion of Bakers Acres Subdivision). The 14.39-acre, 17-lot (14-
buildable) residential subdivision is generally located on the southeast comer of
Ballantyne Lane and Hereford Drive.
Franden combines item 5B & 5C for the public hearing.
Franden introduces the item.
Jean Cariaga with Development Services presents the application.
Bill Vaughan City Staff presents the staff report.
Franden opens the public hearing.
Debbie Reed 1648 Hereford Drive, Eagle. Ms. Reed states that the neighborhood is
currently 5-acre lots. The developer wants to take 3 lots and put in denser housing. This
does not comply with the CC&R's.
Shauna Peterson, 1424 Hereford Drive. Ms. Peterson objects to the developers
proposal and says that water is not available on demand as the developers stated to the
neighborhood. Is also concerned that there would not be sufficient water available for
horses.
Craig Peterson, 1424 Hereford Drive. Has an issue with the irrigation system. There
are no wastewater ditches available and no pressurized irrigation. Mr. Peterson states
there is a liability with the dense housing and concerned with safety issues for children.
Janice Hicks, 1423 Hereford Drive. Ms. Hicks agrees with the previous testimony.
Greg Holmes, 1553 Hereford Drive. Mr. Holmes has a horse training stable adjacent to
this parcel. Will have 5 additional houses along his fence line which causes more
liability and is concerned the new neighbors will not like being next to his horses.
Chris Holmes, 1553 Hereford Drive, has the same concerns as the previous testimony
but in addition is also concerned about the increase in traffic. Has owned this property
for almost 30 years.
Maryanne Robinson, 1229 Hereford Drive, agrees with the previous testimony. Mrs.
Robinson is worried that there will be opposition to the existing horse operation.
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Jerry Robinson, 1229 Hereford Drive. Mr. Robinson purchased a home in this
subdivision with the idea that this was a 5 acre subdivision. "This puts a thorn in the
midst of a beautiful open space".
Greg Holmes addresses the Commissions question on the ownership of the three five
acre parcels.
Vaughan addresses the Commissions questions on the original lot sizes.
James Choat, 1250 Hereford Drive. Mr. choat concurs with the other testimony and is
also concerned about the water issues and the safety of children.
Dave Roylance, 391 West State Street, Eagle, provides a rebuttal. Mr. Roylance states
that a resubdivision of a current subdivision changes all the time. This project does
comply with the Comprehensive Plan. Regarding the CC&R's, Mr. Roylance is not
sure what prevails, the Comprehensive Plan or the CC&R's. Mr. Roylance states that
they do intend to provide pressurized irrigation to this subdivision.
Jean Cariaga answers Frandens question of how the 15 acres was purchased.
City Attorney, John McFadden clarifies Commissions questions on the legalities of the
CC&R's.
Franden closes the public hearing.
Discussion.
Franden moves to deny RZ-2-01- Rezone from A-R to R-l for reason being, this
is an established subdivision with five acre parcels. Seconded by Bloom.
Discussion. Another reason being what the Comprehensive Plan states in section
6.6C, as well as the CC&R's. Franden restates his motion to deny RZ-2-01
because of the confusion over the CC&R's, also because of the legal description
under the Comprehensive Plan Section 6.6C. There are enough confusing issues
that warrant a denial. Seconded by Bloom. ALL AYE... MOTION CARRIES.
Nordstrom moves to deny PP-3-01 - Cedro Glen Estates Subdivision - RCMPG
Investments because the above rezone was denied. Seconded by Bloom. ALL
A YE... MOTION CARRIES.
D. RZ-12-00 MOD - Modification of the Trollev Square North
Development A2:reement and Site Plan - Coulter Properties LLC:
Coulter Properties LLC, represented by Tom Bauwens with the Dakota
Company Inc., is requesting a change to the conditions within the
development agreement and a change to the Concept Site Plan previously
approved by the City for rezone application RZ-12-00 (rezoned from A
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(Agricultural) to MU-DA (Mixed Use with a Development Agreement)).
The 24.8-acre site is located on the west side of Edgewood Lane
approximately 1/3-mile north of State Street at 200 Edgewood lane.
Continued to the July 2, 2001 Planning & Zoning Meeting.
E. CU-5-01 - Two Portable Classrooms for Ea2:le Hi2:h School - Meridian
Joint School District No.2: Meridian Joint School District No.2,
represented by Leatham-Krohn- Van Ocker Architects, is requesting
conditional use approval to install two additional divided portable classroom
buildings at Eagle High School. The site is located on the east side of Park
Lane approximately 2,000-feet north of State Street at 574 North Park Lane.
F. CU-6-01- Two Portable Classrooms for Ea2:le Middle School-
Meridian Joint School District No.2: Meridian Joint School District No.
2, represented by Leatham- Krohn- V an Ocker Architects, is requesting
conditional use approval to install two divided portable classroom buildings
at Eagle Middle School. The site is located on the north side of West
Floating Feather Road approximately 1/2-mile west of North Eagle Road at
1000 West Floating Feather Road.
G. CU- 7-01 - One Portable Classroom for Ea2:le Hills Elementary School -
Meridian Joint School District No.2: Meridian Joint School District No.
2, represented by Leatham-Krohn- Van Ocker Architects, is requesting
conditional use approval to install one divided portable classroom building
at Eagle Hills Elementary School. The site is located on Ranch Drive
approximately 1/2-mile east of North Eagle Road at 650 Ranch Drive.
6.
NEW BUSINESS:
A. V AC-OI-0l - Vacation to the final plat of Baker's Acres Subdivision-
RCMPG Investments: RCMPG Investments, represented by Jean Cariaga
with Development Services Inc., is requesting City approval to vacate public
street rights-of-way (labeled as "future streets") together with all utility
easements within the right-of-way and the adjoining seven (7)-foot wide
utility easement abutting said rights-of-way from the final plat of Bakers'
Acres Subdivision. The applicant is also requesting the vacation of a portion
of the Hereford Drive right-of-way abutting the parcel, not to include the
seven-foot wide utilities easement adjacent to the right-of-way that will be
widened and incorporated into the new plat of Cedro Glen Estates. The non-
dimensioned rights-of-way are located within Lots 1,3, and 4 of Baker's
Acres Subdivision, generally located on the intersection of Ballantyne Road
and Hereford Drive.
Bloom moves to deny V AC-OI-Ol - Vacation to the final plat of Baker's Acres
Subdivision - RCMPG Investments. Seconded by Cadwell. ALL AYE...
MOTION CARRIES.
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7.
8.
REPORTS: None
ADJOURNMENT: Bloom moved to adjourn at 10:40 p.m. Seconded by
Deckers. ALL A YEmMOTION CARRIES...
..
RESPECTFULLY SUBMITTED:
Jl r",--. l 14-ØOK-
SHAR'oN K. MOORE
ClTY CLERK/TREAS URER
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT
CITY HALL.
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: KZ -12-00 MOD — Modification of the Trolley Square North Development
Afreement and Site Plan — Coulter Properties LLC.
June 18, 2001
6:30 P.M.
PLEASE PRINT LEGIBLY
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Page 1 of 2
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: RZ-2-01 — Rezone from A -R to R-1 — RCMPG Investments
,June 18, 2001
6:30 P.M.
PLEASE PRINT LE BBLY
NAME ADDRESS TELEPHONE PRO? CON?
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Page 1 of 1
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: PP -3-01 - Cedro Glen Estates Subdivision - RCMPG Investments
June 18, 2001
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS TELEPHONE
PRO? CON?
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Page 1 of 1
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: CU -5-01 — Two Portable Classrooms for eagle High School — Meridian
Joint School District No. 2
June 18, 2001
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS TELEPHONE PRO? CON?
Page 1 of 2
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: CU -6-01 — Two Portable Classrooms for Eagle Middle School — Meridian
joint School District No. 2
June 18, 2001
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS TELEPHONE PRO? CON?
Page 1 of 2
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
Subject: CU-7-01 — One Portable Classroom for Eagle Hills Elementary School -
Meridian Joint School District No. 2
June 18, 2001
6:30 P.M.
NAME
PLEASE PRINT LEGIBLY
ADDRESS TELEPHONE PRO? CON?
Page 1 of 2
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
Subject: A-1-01/RZ-1-01/CU-3-01/PPUD-1-01/PP-2-01 — RiversEnd Planned Unit
Development — Howard-Kiser Development Corporation
June 18, 2001
6:30 P.M.
NAME
PLEASE PRINT LEGIBLY
ADDRESS TELEPHONE PRO? CON?
Page 1 of 2
CIAO/41
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