Minutes - 2001 - Planning & Zoning - 10/04/2001 - Special
ORIGiNAL
EAGLE PLANNING AND ZONING COMMISSION
SPECIAL MEETING
October 4, 2001
6:30 PM
The Planning and Zoning Commission met in special session on October 4, 2001
Chairman Franden presiding.
3.
4.
CALL TO ORDER:
ROLL CALL: The following members were present FRANDEN, DECKERS,
NORDSTROM, Absent: BLOOM, CADWELL. A quorum is present.
CONSENT AGENDA: None
OLD BUSINESS: None
1.
2.
5.
PUBLIC HEARINGS:
A. Zoninf! Ordinance Amendment - ZOA-6-01 - Land Consultants Inc.:
Land Consultants Inc., represented by Mark Butler is proposing to amend
Eagle City Code Title 8, Chapter 2, Section 3, to allow
Nursing/Convalescent Homes (including senior assisted living facilities) to
be permitted uses, or permitted with a conditional use permit, in additional
zoning districts; to add a new land use definition entitled "Public
Emergency Services" to be a permitted use or permitted with a conditional
use permit; to amend Section 4 to add Note J to allow Child Care Facilities,
Churches, Nursing/Convalescent Homes (including senior assisted living
facilities), and Schools (Public or Private) to increase the maximum lot
coverage from 10% to 20% in any A, A-R, and R-E zoning districts; to
amend Chapter 3, Section 2, to add the requirement that all multi-family
and commercial developments shall have centralized sewer and water, and
that Nursing/Convalescent Homes (including senior assisted living
facilities) in zoning districts A, A-R, and R-E and R shall be located on an
arterial or collector roadway; and to amend Chapter 4, Section 5 to add
parking requirements for Public Emergency Services. (This item was
continued from the October 1,2001, Planning & Zoning Meeting).
Franden introduces the item.
Mark Butler, 52 N. 2nd St. Mr. Butler would like the 20% number changed to 25%.
Jeff Lowe, city staff goes over the changes made at the Planning & Zoning Meeting on
October 1, 2001.
The public hearing is still open.
The public hearing is closed.
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Discussion
Deckers moves to approve Zoning Ordinance Amendment - ZOA-6-01 - Land
Consultants Inc., with the draft as presented at the October 1, 2001, Planning &
Zoning Meeting with the following changes; under Ambulance Services, after the
word maintenance, add the words "and or parking." Under item J, change 20%
to 25%. Seconded by Nordstrom. ALL AYE...MOTION CARRIES.
B. RZ-I0-01 - Rezone from A to R-E - Mike Malterre: Mike Malterre,
represented by Phil Hull with Land Group, Inc., is requesting a rezone from
A (Agricultural) to R-E (Residential Estates - up to one unit per two-acres).
The 9.87-acre site is generally located south of Floating Feather Road
approximately 600-feet east of Ballantyne Road, at 1795 W. Floating
Feather Road. (This item was continuedfrom the October 1, 2001, Planning
& Zoning Meeting).
Franden introduces the item.
Phil Hull, 128 S. Eagle Road with The Land Group, representing the applicant presents
the application.
Jeff Lowe, city staff presents the staff report.
Franden opens the public hearing.
Mark Butler, Washam Road, walked the area the day before and thinks the pathway
would be better suited along the drain ditch.
Phil Hull answers the commissioner's questions.
Franden closes the public hearing.
Nordstrom moves to approve RZ-I0-0l- Rezone from A to R-E - Mike Malterre
as presented with staff recommendations. Seconded by Deckers. Recommend to
City Council that the pathway go on the west side of the drain ditch or follow
along the north side of Baker's Acres. ALL A YE...MOTION CARRIES.
C. PPIFP-I-0~ Use Su~on #2 (formally known as Ea2:le
.ßjver Su!!!llijsion) -Ea2:le River. LLC: Eagle River, LLC, represented by
Bill Clark with Clark Development, is requesting combined preliminary plat
and final plat approval for Mixed Use Subdivision #2 (formally know as
Eagle River Subdivision). The 46.4-acre, lO-lot (9 commercial, 1
residential) subdivision is located on the southeast comer of Eagle Road
and State Highway 44 (State Street). (This item was continued from the
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October 1, 2001, Planning & Zoning Meeting).
Franden introduces the item.
Bill Clark, 479 Main Street, Boise, with Clark Development representing the applicant
presents the application.
Tim Mokwa, with Toothman Orton Engineering, answers Deckers question regarding
which FEMA map was used for the project. Also discussion on the ponds and how the
storm water drainage will be handled.
Jeff Lowe, city staff presents the staff report.
Discussion between Lowe and the Commissioners regarding the time frame for the
construction of the pathway
Franden opens the public hearing.
Bill Clark provides a rebuttal. Mr. Clark addresses the concern on the construction of
the pathway. Mr. Clark states that they would be willing to bond and establish a time
frame for the construction.
Franden closes the public hearing.
Nordstrom moves to approve PP/FP-I-01- Mixed Use Subdivision #2 (formally
known as Eagle River Subdivision) -Eagle River, LLC with staff recommendation
and site specific conditions of approval with the following additions;
Ssc # 1, add to the wording, "according to previous site requirements" and the
letter dated, Sept. 24, 200l.
Ssc #7 defer the final judgement to the city council with the recognition that the
applicant has suggested as a way to mitigate the owner has offered to bond and to
establish a reasonable timeframe set by the city for the final construction of the
pathway.
Seconded by Deckers. ALLA YEmMOTION CARRIES.
D. ~2-00 MOD - Development A2:reement Modification - Coulter
Properties LLC: Coulter Properties LLC, represented by Mark Butler with
Land Consultants 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
(Agricultural) to MU-DA (Mixed Use with a Development Agreement)).
The 24.84-acre site is located on the west side of Edgewood Lane
approximately 2,000-feet north of East State Street. (This item was
continued from the October 1,2001, Planning & Zoning Meeting).
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Franden introduces the item.
Mark Butler 52 N 2nd St. representing the application presents the application. Mr.
Butler explains the history of this project, the change in ownership and discusses the
new plan for this site.
Jeff Lowe, city staff presents the staff report. Discusses requiring a PUD rather than a
development agreement. Discussion on the letter received from the applicant dated
October 4,2001.
Franden calls a brief break at 8:28 p.m.
Franden opens the public hearing
Claire Chapell, 978 Cembra, Eagle. Ms. Chapell is in favor of the project with the
changes proposed by the owner. Would like to maintain the trees in the NW comer of
the parcel.
Jeff Chapell, 978 Cembra, Eagle. Mr. Cembra lives in the northwest comer of this
development. States that the creek in this area runs year round and is used extensively
by wildlife and would like this habitat kept as is. Is not in favor of high density but
believes there is enough common area to offset the density and has also requested the
owner to provide a fence or some type of barrier. Also does not want to see Spartan
Street extended into the development.
Mathew Glavich, 248 N Palmetto, submits a petition with 30 signatures opposing the
extension of Spartan Way.
Mark Butler provides a rebuttal. Would like to request 60% lot coverage.
Diana Anderson, 5132 Lancer Way, Boise. Ms. Anderson works for Coulter Properties,
discusses the on site drainage and the plans for the golf cart course up to the course.
Franden closes the public hearing.
Discussion amongst the Commission.
Deckers would prefer not to see a gated community.
Nordstrom likes the concept and is not against a gated community. Would like to
eliminate the connection at Spartan.
Franden likes the higher density in close proximity to town.
Mark Butler stands to answer Commissions question on the proposed amenities.
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Diana Anderson stands to address the Commissions question on providing a center tree
strip along Hill Road.
Deckers moves to approve RZ-12-00 MOD - Development Agreement
Modification - Coulter Properties LLC, with staff recommendations and site
specific conditions of approval and also the conditions recommended in letter
dated October 4, 2001, from Mark Butler with Land Consultants, with the
following changes and additions;
. 2.11, Hold as presented, limit to entire site.
. 2.14, Snoopy style would be limited to the NW Culdesac on Prospect Court.
. 2.15, Fencing shall be required, at a minimum open fencing from the NW
property boundary corner to south side of the water amenity. Solid fencing on
the remaining fencing to be determined by Design Review.
. 2.18, If a letter of approval from ACHD states this road does not need to
connect then Spartan Street should be closed with a culdesac and pedestrian
connection to the existing Spartan Street to the west and enough roadway with
easement should be granted for the potential connection to that road.
. There should be a pathway connection between Prospector Circle and
Crestview Court and a pathway connection from the NE corner of Monarch
Lane.
. Provide a tot lot on site with the location provided by the developer
. Concept plan should be updated to show center tree strip on Hill Road.
. Under item 2.6, insert the word "initiation" after the words "but not before".
This should also be done on the last paragraph of 2.6.
. Maximum lot coverage should remain at 50% as required in a MU zone. This
might require a reduction in lot density.
. Eliminate the private gate.
Seconded by Franden.
Discussion.
. Nordstrom makes a substitute motion to allow maximum lot coverage to be
60% and to keep it a gated community.
Discussion.
Original motion dies.
Substitute motion 2 AYE 1 NAY (Deckers)...MOTION CARRIES.
6. NEW BUSINESS: None
7. REPORTS: None
8. ADJOURNMENT: Nordstrom moved to adjourn at 9:40 p.m. Seconded by
Deckers. ALL A YE...MOTION CARRIES...
RESPECTFULLY SUBMITTED:
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A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT
CITY HALL.
Page 6 of 6
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Cole,
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: RZ-12-00 MOD - Development Agreement Modification - Coulter
October 4, 2001
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS TELEPHONE PRO? CON?
cpPU= cf -7 S2 Q_ 312 A 3 lv 1 co
Cly PALE-
cM. t4z1 f -I2 hLAVkui q- Xl 9zi
Page 1 of 1
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: PP/FP-1-01— Mixed Use Subdivision #2 (Eagle River)
October 4, 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-10-01 — Rezone from A to R -E — Mike Malterre
October 4, 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: Zoning Ordinance Amendment — ZOA-6-01 — Land Consultants Inc.
October 4, 2001
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
Page 1 of 1
lC
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it This petition is to express our rejection and opposition
�) 14 it Subd vision West�end road. Thw confi u at on'ptesla threat to
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t Iv the child fety by creating a main thru fare, also effecting our property values with
the massive increase in traffic volume. We note that the original plan did not create
this problem.
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