Minutes - 2001 - Planning & Zoning - 07/02/2001 - Regular
ORIGINAL
EAGLE PLANNING AND ZONING COMMISSION
July 2, 2001
6:30 PM
The Planning and Zoning Commission met in regular session on July 2,2001 Chairman
Franden presiding.
1.
CALL TO ORDER:
2.
ROLL CALL: The following members were present FRANDEN, BLOOM,
DECKERS, NORDSTROM, CADWELL. A quorum is present.
Franden states that item 5A will be continued to the next meeting.
3.
CONSENT AGENDA:
A. Minutes of June 18,2001.
B. Findin2:s and Conclusions for 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. (This item was
heard by the Planning & Zoning Commission on January 2, 2001)
C. Findin2:s and Conclusions for A-I-0l/RZ-I-0l/CU-3-01IPPUD-I-0l/PP-
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.
D. Findin2:s and Conclusions for 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 site is generally located on the southeast comer of
Ballantyne Lane and Hereford Drive.
E. Findin2:s and Conclusions for PP-3-01 - Cedro Glen Estates Subdivision
- RCMPG Investments: RCMPG Investments, represented by Jean Cariaga
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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
Dri ve.
F. Findin2:s and Conclusions for CU-5-01 - Two Portable Classrooms for
~2:h School - ~dian 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.
G. Findin2:s and Conclusions for CU-6-01- Two Portable Classrooms for
Ea Ie Middle School- Meridian oint 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 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.
H. Findin2:s and Conclusions for CU-7-01- One Portable Classroom for
~lementary Scþool- M!Œklian 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
Dri ve.
Deckers requests that items C, D, and E be removed from the Consent Agenda.
Bloom moves to approve the consent agenda as amended. Seconded by Deckers.
ALL AYE... MOTION CARRIES.
3C. Findin2:s and Conclusions for 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 V2-mile east of
Eagle Road on East Island Woods Drive.
Deckers refers to a request by the applicant to amend the findings to reflect what the
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applicant had proposed for a setback. He believes this is a valid request and the
findings should be amended. Discussion regarding further changes to the findings.
Franden suggest that this item be moved to after public hearing, so the Commission has
more time to review the changes they would like made.
3D Findin2:s and Conclusions for 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 site is
generally located on the southeast comer of Ballantyne Lane and Hereford Drive.
Deckers reviews changes he would like made to the findings Discussion.
Deckers moves to accept the findings of fact for RZ-2-01 with the addition that
under the Public Hearings of the Commission on page 4 of 5, item B, reflect that 2
letters of opposition were submitted to the City. On page 5 of 5, item 3, add the
following language: The Commission decision was based on confusion with what
the CC&R's did or did not allow with respect to lot splits within the subdivision.
The decision was also based on the Eagle Comprehensive Plan section 6.6c. While
the Commission understands that this application is not a lot split, but rather a
subdivision within a subdivision, the Commission feels that the intent of 6.6C can
plainly be worded as, "Don't chop up already chopped up land, especially within
established platted subdivisions." The Commission understands that there may be
circumstances where a subdivision within a subdivision is warranted and
appropriate. But the Commission feels strongly that this application is not an
appropriate use of a subdivision within a subdivision. Seconded by Bloom. ALL
A YE...MOTION CARRIES.
3E. Findin2:s and Conclusions for 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 Dri ve.
Deckers notes changes he would like made to the findings.
Deckers moves to accept the findings of fact and conclusions of law case number
PP-3-01 with the changes that on page 8 of 9, item B, should reflect that 2 letters of
opposition were submitted. Seconded by Bloom. ALL A YE...MOTION
CARRIES.
4.
5.
OLD BUSINESS: None
PUBLIC HEARINGS:
A. RZ-12-00 MOD - Modification of the Trolley 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
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previously approved by the City for rezone application RZ-12-00 (rezoned from A
(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 1I3-mile north of State
Street at 200 Edgewood lane. (This item was continued from the June 18,2001
Planning & Zoning Meeting)
This item is continued to the next regularly scheduled Planning and Zoning
Commission meeting.
B. .QI:].0-96 MOD - Wireless Communicat~ty (135-foot hi2:h commercial
wireless te~ecommunÌ£!!Ÿ°n service tower) - Cricket Communications: Cricket
Communications, represented by Kirk Johnson with Pacific Telecom Services, LLC, is
requesting conditional use approval to increase the height of the existing 120-foot high
monopole to 135-feet to accommodate the co-location of another cellular service
provider. The existing pole is located at the Republic Mini-Storage facility at 8785
Horseshoe Bend Road approximately 1 /4 mile north of State Street.
Franden introduces the item.
Kevin Maloney, 277 N. 6th St. Boise, Idaho, representing Cricket Communications.
Mr. Maloney notes that there are 4 individuals with Cricket with him tonight to address
any questions the Commission may have. Maloney reviews the application. Kirk
Johnson 5511 Kendall Street Boise, Idaho states that the FAA determines when
blinking lights are required on the towers. Discussion. Mehrdad Danesh 1668 S.
Waldens Pond Place Apt. 23 Boise, Idaho states that the application has been submitted
to the FAA. Discussion.
Lowe reviews the staff report. Buxton comments on the lighting requirements and
FAA's jurisdiction over such issues.
Franden opens the public hearing.
Maloney feels that this is a well-suited site for co-locating antennas.
Franden closes the public hearing.
Discussion amongst the Commission. Commission feels that if blinking lights are ever
required of an antenna location, instead of co-locating, then an additional site should be
considered. Buxton reads Eagle City Code that addresses the lighting of the poles, and
explains how it would be applicable to this application. Discussion. Franden addresses
a question to the applicant as to where this technology is headed and if at sometime the
antennas could be dismantled. Danesh states that the towers will not be replaced in the
foreseeable future.
Nordstrom moves that in the case of CU-I0-96 MOD, that we approve the
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conditional use permit as requested, with staff recommendations. The
Commission directs staff, as part of the acceptance, to check out the height
regulations for towers with lights and report that to information to City Council.
The applicant shall also submit something from an engineer recommending and
showing the structural strength of the additional 15' addition, and that it be
submitted with the findings. Seconded by Bloom. ALL A YE...MOTION
CARRIES.
Franden calls a 5 minute recess.
Franden returns the discussion to item 3C:
3C. Findin2:s and Conclusions for A-I-01/RZ-I-01lCU-3-01IPPUD-I-0IIPP-2-01-
RiversEmJ Planne4 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 Dri ve.
Deckers would like the following modifications made. On page 19 of 29, item 12 shall
read: The street and pathway configuration shall remain substantially as shown on the
preliminary development plans submitted to the City with this application. Provide a
revised preliminary plat showing a minimum 10' wide easement for a pathway on the
north side of the south channel of the Boise River as depicted on the City of Eagle's
Comprehensive Plan transportation/pathway network map #1 and #2. Provide a revised
preliminary plat showing a minimum lO'wide access easement from RiversEnd
Subdivision to the south channel. A 5'wide asphalt pedestrian pathway shall be
constructed within the access easement between RiversEnd Subdivision and the south
channel. Discussion on the meditation plazas and osprey outlook amenities. On 19 it
should say comply with the R-2 interior side-yard setbacks. Discussion. Bloom notes
that the applicant did not stay for the continuation of this item.
Deckers moves to approve the Findings of Fact and Conclusions of Law for A -1-
01/RZ-I-01lCU-3-01IPPUD-I-0IIPP-2-01- RiversEnd Planned Unit Development
with the following corrections. That on item 12 shall be reworded with language
provided previously. On item #19 after R-2 insert the word interior side yard set
back. On page 3 of 29 on special setbacks, after the 10 feet insert an asterisks and
below that section say the applicant originally proposed 7 ¥2 feet interior side yard
setbacks. Seconded by Bloom. ALL A YEmMOTION CARRIES.
6.
NEW BUSINESS: None
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7.
REPORTS:
A. Commission: None
B. City Attorney: Buxton notes that a compensation ordinance is in the process of
being reviewed by the City Council. Discussion. Nordstrom inquires as to what the
City Attorney has been doing to give more power to the Commission. Buxton states
that she has been reviewing the zoning ordinance in that regard. Discussion.
Commission again expresses their displeasure with the Countryside Estates
decision. Nordstrom also expresses his concern with the use of discretion. Buxton
states that perhaps a detailed review of the Countryside decision would be beneficial
so that there is less friction between the Council and Commission. Buxton feels
that it could be a learning tool for the Commission and Council to review the ruling.
C. Staff: Lowe notes that a floodplain workshop will be scheduled for one of the
upcoming meetings. Discussion regarding the public hearing sign for the Lloyd
Campbell property. Buxton states that according to Idaho Code if the item has been
continued to a date certain, then the sign is not required to be modified. Franden
would like the sign corrected and feels that the neighbors should be notified.
Discussion regarding testifying at Council meetings as a Commission member.
Bloom states that the dental office on Floating Feather was not placed on the
Cotlndl agenda appropriately. Discussion.
fI/e. fA> ð p~ c/
8. ADJOURNMENT: Deckers moved to adjourn at 8:15 p.m. Seconded by
Bloom. ALL A YEmMOTION CARRIES...
57~~ ~~
U (è::e; Cr-Þ4(~~
6~~1
JOHN S. FRANDEN
CHAIRMAN
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT
CITY HALL.
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427/4o/
Land Consultants Inc.
52 North 2nd Street • Eagle Idaho 83616 • Office 208.938.3812 • Fax 208.938.5873
July 2, 2001
City of Eagle
Attention: Planning and Zoning Commissioners
310 E. State Street
Eagle, ID 83616
RE: RiversEnd Findings
Dear Commissioners,
RECEIVED & FILED
CITY OF EAGLE
Fife•
Route to•
JUL 0 2 2001
Please consider making a minor change to page 3 of 29 of the draft copy of the Findings of Fact and
Conclusions of Law as shown attached. The Fact is that we proposed a 7.5 foot interior side setback
not 10 -feet.
The staff report (see attached) correctly reflected the setback proposed, which was 7.5 -feet but the
Findings now show 10 -feet. We understand the Commission recommended 10 -feet but that is
reflected in Site Specific Condition #19 and our proposal remains 7.5 -feet. The applicant is steadfast
in the opinion that the setbacks for RiversEnd should be that which was permitted for Island Woods
and we don't want anything in the Public Record which may diminish the applicant's position
regarding the setback.
Thank you for your consideration.
Sincer,
Mark L Butler
Land Consultants, Inc.
cc: Hal, Turner, IWHA President
C:1My Documents\LCNobs 20001RiversEnd Sub 001891RiversEnd PUD le3city.doc
Page 1 of 1
Additional
Site Data
Dwelling Units
Per Gross Acre
Proposed
FP -0".( N P11%6 >
Required
1.4* 2 -units per acre (maximum)
(1.01) Except that the City Council may permit an increased density of up to 15% of
the allowable number of dwelling units provided that the requirements within
ECC Section 8-6-5-4 are fulfilled.
• Minimum Lot 9,600 sq. ft.
Size
Minimum Lot 35 -feet
Width
Minimum 35 -feet
Street Frontage
Total Acreage
of Common
Lots
•
16.78 -acres *
i Percent of Site 22%*
as Common
Area
17,000 sq. ft. (minimum)
Except that a decrease of minimum lot size in a subdivision may be allowed if
there is an offsetting increase of the same square -footage in open space and a
planned unit development is applied for and approved) - per ECC Section 8-2-4
(G).
75 -feet
35 -feet
14.5 -acres (minimum)* (10.68 -acres)
7.6 -acres for 10% minimum plus 6.9 -acres for lots smaller than
the minimum (17,000 SF)- per ECC Section 8-2-4 (G)
Except that, according to ECC Section 9-3-8 (C) the City may require
additional public and/or private park or open space facilities in PUDs or in
subdivisions with 50 or more lots.
19% (minimum - see above)
Except that, according to ECC Section 9-3-8 (C) the City may require
additional public and/or private park or open space facilities in PUDs or in
subdivisions with 50 or more lots.
* Designates data based on the exclusion of Lot 1, Block 8 and Lot 41, Block 1 (currently located
within the floodway). Data in parentheses denotes inclusion of aforementioned lands for
comparison only.
D Special Setbacks proposed for all lots within the development:
'ft.
Front
Rear
Interior Side
Street Side
Additional Side Setback
for multi -story structures
7.5
20 feet
25 feet
44feet
20 feet
H. GENERAL SITE DESIGN FEATURES:
5 -feet per story
Open Space, Greenbelt Areas and Landscape Screening:
1 1 fli-E-. S'ro F'1\ t�
� CoMfti'to>turo 5 .
IN d -r Tire
560Kc.,) 8E ).54er
Will provide a total of 22% of common area (19% required - see site data above) for
phases 1 through 3.
Page 3 of 29
K:1Ptsoaiog Depank ApplicatioaASUBS120011RiversEnd PUD pd doe
Srfr,,-
CI Special Setbacks proposed for all lots within the development:
Front 20 feet
Rear 25 fee
Interior Side 7.5 feet
Street Side 20 feet
Additional Side Setback
for multi -story structures 5 -feet per story
S1W-F R&r to -s
H. GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 22% of common area (19% required - see site data above) for
phases 1 through 3.
Pathways are shown that would meander throughout the sight, connecting sidewalks
abutting the roadways to waterways. Eventually, a "circular" pathway parkto be located
in the northern portion of the site would connect to the eventual City-wide
pathway/greenbelt network.
East Island Woods Drive to the west is designated as a collector with the eastern section of
this roadway to be a foreseeable extension of this collector status. The development is
proposing a greenscape and waterways abutting the majority of this roadway.
Storm Drainage and Flood Control:
Street drainage plans shall be submitted by the applicant as required by the Subdivision
Ordinance. Specific drainage system plans are to be submitted to the City Engineer for
review and approval prior to the City Engineer signing the final plat. The plans are to
show how swales, or drain piping, will be developed in the drainage easements. Also, the
CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 -feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - No
Preservation of Existing Natural Features:
The parcel is situated between the north and south channels of the Boise River with
numerous existing trees located on the site. Eagle City Code Section 9-3-8 (B) states that
existing natural features which add value to residential development and enhance the
attractiveness of the community (such as trees, watercourses, historic spots and similar
irreplaceable assets) shall be preserved in the design of the subdivision. The applicant is
proposing to utilize the existing natural features in the northern portion of the site by
Page 4 of 23
KlPlsnosy Dq* E+ile App&csdocASUBS120011Rlvesr8od PUD stLdoc
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: CU -10-96 MOD — Wireless Communication Facility (135 -foot high
commercial wireless telecommunication service tower) — Cricket Communications
July 2, 2001
6:30 P.M.
NAME
/4u/n/
614141,10rrAiA4A445
AlfAeA LA's -tag
/''iv(L 1o4fsOf"
PLEASE PRINT LEGIBLY
ADDRESS TELEPHONE PRO? CON?
277 A) 6 f`'31- 130,5c 62 3.s6 - /ado
55-7i 2oG- 6,0 1/4i.--791(2
Sal I keAlliet?,eb ....77/7 ✓
6171 gaddi
Page 1 of 1
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: RZ-12-00 MOD — Modification of the Trolley Square North Development
Agreement and Site Plan — Coulter Properties LLC
July 2, 2001
6:30 P.M.
NAME
PLEASE PRINT LEGIBLY
ADDRESS TELEPHONE PRO? CON?
Page 1 of 2