Minutes - 2001 - Planning & Zoning - 11/05/2001 - Regular
ORIGINAL
EAGLE PLANNING AND ZONING COMMISSION
November 5, 2001
6:30 PM
The Planning and Zoning Commission met in regular session on November 5,2001
Chairman Franden presiding.
1.
CALL TO ORDER:
2.
ROLL CALL: The following members were present FRANDEN, BLOOM,
NORDSTROM, CADWELL. Absent: DECKERS. A quorum is present.
3.
CONSENT AGENDA:
A. Minutes of October 15, 2001.
B. Ei!!!!jn2:s of Fact and Conclusions of Law for CU-08-01 - 67-foot hi2:h
Personal Wireless lliility - Owest Wireless LLC: Qwest Wireless LLC,
represented by Kevin Galik with Tetragenics, is requesting conditional use
approval to replace an existing 37-foot high Idaho Power wood utility pole
with a 67-foot high wood pole to accommodate a personal wireless facility
(total height with antenna to be 75-feet). The existing pole is located within
the ACHD right-of-way adjacent to the Eagle Middle School at 1000 W.
Floating Feather Road.
Nordstrom moves to approve the consent agenda as presented. Seconded by
Bloom. ALL A YE...MOTION CARRIES.
4. UNFINISHED BUSINESS: None
5. PUBLIC HEARINGS:
A. CPA-I-01 & RZ-11-Ol- Comprehensive Plan Amendment from
Residential Four to Mixed Use and Rezone from R-4 to R-12-DA & L-
O-DA - James b..Jewett: James L. Jewett, represented by Shawn Nickel
with Land Consultants, Inc., is proposing a Comprehensive Plan
Amendment to change the land use designation on the Comprehensi ve Plan
Land Use Map from Residential Four (up to four dwelling units per acre) to
Mixed Use, and rezone from R-4 (Residential up to four dwelling units per
acre) to R-12-DA (Residential twelve dwelling units per acre with
Development Agreement) and L-O-DA (Limited Office with Development
Agreement). The site is located on the south side of W. State Street
approximately %-mile west of Eagle Road at 825 West State Street
Franden introduces the item.
Mark Butler, 52 N. 2nd St. Eagle, representing the applicant presents the application.
Deckers arrives at 6:42 p.m.
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Butler uses view foils to show the elevations proposed for the benefit of the audience.
Mr. Butler states that they will not exceed 25 feet in height.
Jeff Lowe, city staff presents the staff report.
General discussion on housing needs between the Commission and staff.
Franden opens the public hearing.
Jim Fisher, 835 W. State St. Eagle. Not opposed to a reasonable development.
Doug Newbrand, 645 Cowman Court. Mr. Newbrand states that he lives in Rick's
River Ridge where most of the residences are owner occupied. States that this will
impact the traffic, will also contribute to more overcrowding in the schools and is
concerned about the stub road. Mr. Newbrand states this proposal will change the
character of the neighborhood.
Steve Fuchs 763 W. Aikens Court. Mr. Fuchs is concerned about the closeness of the
street to his property and how it will affect the setbacks.
Doug McAllister 238 S. Taylor Ave. Mr. McAllister spoke with the Eagle Sheriff
Department about the crime level in multi level housing. States that this will put multi
use in a single family residence area. Is strongly opposed to this development.
Mark Waterman 270 S. Sophie Place, submits 5 letters in opposition and a petition
signed by every homeowner in Ricks River Ridge. Mr. Waterman is afraid that this will
lower the property values.
Ray Mathie, 701 Cowman Court, strongly opposes the project.
Nordstrom asks Mr. Mathie if he would like to sell his property.
Michael Margulies, 741 W. Aikens Court. Bought his home for the environment and
would like to see it stay the way it was.
Mel Hugentobler, 646 W. Konavle Court. Is concerned about the term "affordable
housing" and the increase in crime that lower priced housing brings.
Jim Jewett, 3090 E. Gentry, Meridian. Mr. Jewett is the developer of this site and does
not feel that this will impact the area and states there is a need for more affordable
housing in Eagle.
Ben Marco, 220 S. Cobblestone Way. Does not see how this proposal will benefit the
citizens of Eagle and is opposed to this development.
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John Beegly, 667 Carnival Court, States that the homeowners have already had a loss in
property values due to the highway. This project will also lower the property values.
Wayne Swanson, 985 W. State Street. Is neither opposed or in favor of this project, but
states that the cost of this ground is so expensive that he can not sell his property.
Ed Rocknowski, lives west of this parcel, states that his piece of ground is for sale for
the right price. At this time he is neither opposed or in favor of this project.
Jerrit Ballor, Cowman Court. Mr. Ballor states that he has rented at one time and
everyone else in this room has also rented. "Renters are not settling, they are on their
way to somewhere else," he is opposed to this development.
Derrick Ron, Boise. Mr. Derrick rents at this time and thinks everyone will always
need to be able to rent and is not opposed to this development.
Doug McAllister speaks again to address statements that Mr. Butler made.
Mark Butler provides a rebuttal.
Franden closes the public hearing.
Nordstrom states that when a parcel comes before the city it is that particular piece of
property that is being considered. Thinks that this development should stay with the R-
4 zoning and we need to work with the developer to come up with alternate ideas for
this parcel of ground.
Bloom states that once again the school district has not responded to this project. There
will be a large increase in traffic. Thinks that this proposal is ahead of its time.
Neighborhood meetings should be required. Is not in favor on the proposal and feels
something less dense should be required.
Deckers thinks that this is spot zoning and is against it for that reason. In order to make
a comprehensive plan change you need to show that the change is needed and justified,
this has not been demonstrated tonight. We need to identify where this use is
appropriate.
Cadwell states that he is in agreement with the other Commissioners and relies heavily
on the staff report and is in agreement with staff on the denial.
Franden also agrees with the other Commissioners and agrees that this would be spot
zonIng.
Discussion on other uses for the property. Perhaps a townhouse community or a
Page 3 of 6
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retirement community. A PUD would be appropriate for this area.
Nordstrom moves to deny CPA-I-0l & RZ-11-Ol- Comprehensive Plan
Amendment from Residential Four to Mixed Use and Rezone from R-4 to R-12-
DA & L-O-DA - James L. Jewett. Seconded by Bloom. Discussion. Nordstrom
amends the motion to include encouraging the developer to come back with other
conceptual ideas for the use of this property in an R-4 zone; a PUD would be
encouraged. The Commission looks forward to having the applicant come back.
Seconded by Bloom. Discussion. Nordstrom amends the motion to say, "if City
Council finds this comprehensive plan appropriate and approves the application,
to look at the city as a whole and not look at it as a spot zoning approach and if
there is a need for this type of requirement within the comprehensive plan to
remand it back to Planning & Zoning." Nordstrom withdraws the last statement.
ALL A YE...MOTION CARRIES.
6.
NEW BUSINESS:
A. FPUD-3-01 & FP-6-01 - Final Development Plan and Final Plat for
Picadilly Villa2:e PUD Subdivision - Stacia Patterson: Stacia Patterson
is requesting final development plan and final plat approval for Picadilly
Village PUD, a 19-1ot (16-residential, 2-commercial, and I-common)
subdivision. The 6.87-acre site is located on the southwest comer of State
Highway 55 and Hill Road. (Staff requests this item be continued to the
November 19,2001, Planning & Zoning Meeting).
Bloom moves to continue to FPUD-3-01 & FP-6-01 - Final Development Plan and
Final Plat for Picadilly Village PUD Subdivision - Stacia_Patterson to the
November 19, 2001 Planning & Zoning Meeting. Seconded by Deckers. ALL
A YE... MOTION CARRIES.
B. 01-17-S/01-16-PR/OI-74-AC - Viejo Estates Subdivision - Tim Fease:
Viejo Estates Subdivision, Tim Fease, represented by Shawn Nickel with
Land Consultants Inc., is requesting preliminary plat approval for Viejo
Estates Subdivision, a 24.33-acre, 7-lot (4-buildable, 2-common, I-private
road) residential subdivision located on the south side of Old Valley Road
approximately 650-feet east of Linder Road at 4557 Old Valley Road. This
site is located in the Eagle Area of Impact.
Franden introduces the item.
Mark Butler, 52 N. 2nd St, representing the applicant presents the application.
Tim Feese, 45570 Valley Road, Eagle. Mr. Feese answers questions from the
Commission, states only one lot will be in the floodplain. States that they will not be
building on a lot at this time. One will be put on the market, the other two they will
wait on.
Page 4 of 6
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Shawn Nickel with Land Consultants answers the Commissions question on the
environmental assessment plan and states that this was not necessary for this
application.
Jeff Lowe, City staff presents the staff report.
John McFadden, City attorney explains the Blaha case to the Commission.
Discussion on the site-specific conditions of approval.
Mark Butler stands on his original presentation.
Discussion between Mr. Butler and the Commission.
Shawn Nickel with Land Consultants answers the question about complying with Eagle
City Code when this parcel eventually gets annexed into the city.
Deckers moves to approve 01-17-S/01-16-PR/OI-74-AC - Viejo Estates.subdivision
- Tim Fease with staff recommended site specific conditions of approval and the
following changes;
. Ssc #1, strike the last sentence "if central water is made available..."
. Ssc #9, insert at the beginning "without a justification for a private road the
City of Eagle recommends that the roadway be constructed as public roads.
Change 24 feet to 20 feet.
. Ssc #10, strike the last sentence and add the words "the pathway shall not be
required to be constructed until the property is annexed or rezoned or further
development."
. Ssc #16, Change the condition to read "no fixed or moveable structure shall be
placed within a 50 foot wide buffer located between the surrounding residences
and the wholesale nursery."
. add ssc # 18, lot 5 is not a buildable lot and shall not be considered a buildable
lot, if at some point in the future when the lot is redeveloped.
. Add ssc #19, all homes within the 100 year floodplain shall be constructed a
minimum of 2 feet over the BFE.
. Add ssc #20, all lots within 50 feet of the flood way line shall have building
envelopes shown on the final plat reflecting a minimum of 50 feet set back
from the floodway line. If Ada County chooses to change the minimum set
back to 100 feet the city would not object.
. Add ssc #21, The flood plain and flood plain lines shall be determined by the
FEMA map in effect on the date of signing of the final plat.
Seconded by Nordstrom. Discussion
. Upon redevelopment lot # 7 shall be considered for public road.
ALL A YEmMOTION CARRIES.
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7.
REPORTS:
A. Commission: Deckers will not reapply for another term after his term
expIres
B. City Attorney: None
C. Staff: None
8. ADJOURNMENT: Deckers moved to adjourn at 10:10 p.m. Seconded by
Nordstrom. ALL A YEmMOTION CARRIES...
RESPECTFULLY SUBMITTED:
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SHARÒN K. MOORE
ClTY CLERK/TREASURER
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT
CITY HALL.
Page 6 of 6
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: CPA -1-01 & RZ-11-01 —Comprehensive Plan Amendment and Rezone
November 5, 2001
6:30 P.M.
PLEASE PRINT LEGIBLY
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11/04/2001 10:37 12084339485
Ben and Tashia Balis
249 Sophie
Eagle, ID 133616
Date: 5 November 2001
TREASURE VALLEY INDU
TO: City Of Eagle Idaho
PLANNING AND ZONING COMMISSION
PAGE 01
We are writing to voice our opinion about the impending housing proposed
in our neighborhood. We are definitely opposed to it_ One of the main
reasons we moved to Eagle two years ago was to avoid the hassle and stress
of a bigger city.
Low income housing, in my experience from the past, having lived in Boise
for 18 years...has only lead to:
I. High crime rate.
2 Value of resell of property lowers.
3. Targets kids who are unsupervised and lots of time on their hands.
Please count our votes as a BIG NEGATIVE.
Thank You
Ben and Tasbia Balls
Eagle, ID
938-3474
November 5, 2001
To: Planning and Zoning Commission
Eagle, Idaho
From: Gary and Donna Althen
499 West Bosanka Drive
Rick's River Ridge Subdivision
RE: Re -Zoning of residential property at 825 West State Street to mixed use.
Members of the Commission:
Please be advised that both my wife and I oppose the above proposed re -zoning of 825 West State
Street, Eagle. We are of the opinion that it would not have a positive effect on the existing
neighborhood. Qualified real estate people have stated that re -zoning this parcel would decrease
the property value of the existing homes. It would also increase the flow of traffic, adding to
existing congestion; and, there would undoubtedly be an increase in enrollment in already
crowded schools. The possible increase in crime is not to be overlooked.
We strongly urge that you do not grant the re -zoning request.
Respectfully submitted,
Gary Althen
t& -i -t --‘4-A a&
ft-riv
Donna M. Althen
November 5, 2001
City of Eagle
Mayor of Eagle
Eagle City Council
RE: The re -zoning of residential property at 825 West State Street
We are very opposed to this re -zoning.
Gale and Vivian Allen
576 W. Bosanka Drive
Eagle, ID 83616
November 5, 2001
City of Eagle
Mayor of Eagle
Eagle City Council
RE: The re -zoning of residential property at 825 West State Street
We are very opposed to this re -zoning. Before we moved to Eagle we lived off of State
and Collister. A low-income multi-plex apartment development was built next to our
subdivision. The property value of the homes in our subdivision's dropped instantly and
for those people who's backyards were backed up to this development, there was no
longer any privacy in their yards. The homes were very hard to sell and many took quite
a loss. We also had increased crime in that area. There were numerous police calls to
that subdivision.
Both subdivisions have already paid a price for highway 44 being built behind them. To
build this low income multi-plex next to them is very unfair. We strongly oppose this
motion!
Casey and Teana Hancuff
428 W. Konavle Ct.
Eagle, ID 83616
To: Eagle Planning & Zoning
Date: November 3. 2001
From: Joe & Path' Beagley- River Ridge Residents
Re: Proposed Re -zoning of residential property at 825 West State Street to Mixed Use
To Whom It May Concern:
We are writing this letter in opposition to the re -zoning of the property at 825 West State Street. Our
property borders the aforementioned property, and we feel very strongly that not only would our property
value suffer if this were to take place, but it would also mean more traffic and congestion. an increase in
crime. more children in schools that are already overcrowded, and property that is not kept up by
potentially nonrcliable renters.
Therefore. we recommend against the re -zoning of this property as it would not be in the best interest of
the residents of the wonderful city of Eagle!
Sincerely.
Joe & Patty Beagl
755 West Aikens Court
Eagle. Idaho 83616
208-939-5404
We, the following, sign this petition in protest of the re -zoning of subject CPA-I-01/RZ-1 1-01 -
Comprehensive Plan Amendment from Residential Four to Mixed Use and Re -Zone from R-4 to
R -12 -DA and L -O -DA - James L. Jewett and request the Eagle City Planning and Zoning Department
deny the request.
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We, the following, sign this petition in protest of the re -zoning of subject CPA -1-01 /RZ-1 1-01 -
Comprehensive Plan Amendment from Residential Four to Mixed Use and Re -Zone from R-4 to
R -12 -DA and L -O -DA - James L. Jewett and request the Eagle City Planning and Zoning Department
deny the request.
Name
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We, the following, sign this petition in protest of the re -zoning of subject CPA-1-01/RZ-1 1-01 -
Comprehensive Plan Amendment from Residential Four to Mixed Use and Re -Zone from R-4 to
R -12 -DA and L -O -DA - James L. Jewett and request the Eagle City Planning and Zoning Department
deny the request.
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zone. Further, the applicant should place a note on the final plat which states that, "All
Lots and construction shall . comply in all respects with the official height and area
regulations as set forth in Section 8-2-4 of the Eagle City Code regarding the R-1 zoning
designation" per Eagle City Code 9-3-5 (A).
STAFF RECOMMENDATION:
Based upon the information provided to date, since centralized water service is not being
provided and a private road accessing the site has not been justified, staff recommends
denial of the proposed preliminary plat. However, if the applicant were to provide central
water to the dwelling units, and a public road were to be provided, then staff recommends
the site specific conditions of approval and the standard conditions of approval provided
below.
SITE SPECIFIC CONDITIONS OF APPROVAL:
The applicant shall obtain approval from the Idaho Department of Water Resources for the
installation of individual wells to service each dwelling unit'
fina1-41.1a r' ex••Gf ertSl�, r�,n ac
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f ---O Revise Note No. 3 on the preliminary plat to designate all utility easements located along the
front lot lines adjacent to the public right-of-way to be not less than 12 -feet in width.
11
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Revise Note No. 4 on the preliminary plat to designate all utility easements located along the
side lot lines to be not less than 12 -feet in width (6 -feet on either side of the lot line).
6K/9 Revise Note No. 6 on the preliminary plat to designate all utility easements located along the
rear lot lines to be not less than 12 -feet in width.
If Ada County approves the construction of a private road,
c
The roadway shall be paved with a
minimum of 2.5 -inches of asphaltic pavement and a minimum of '+feet wide. ins
-20
6ssiltoN n utTS
Page 14 of 20
10,Pta m g Ucpe\Ade Cowry Appts=a ••••nSUAS12WriVep Estates of doe
(00011
shall be snh
f sed-orrthe-propersed-strect being -1400 feet in length) :s rYirwd to be paid
ing the fin • t
• _e _e _
w
n( tvido 4!.?vt rnennt ang the sou n•
f thr Rnizp River A_
aseturnt a
the Hath will be st 10-foot_wide..asphalt pedestrian pathway.
to
Mt Ia.-
11 If Ada County approves the construction of a private road, the applicant shall provide a copy
of the Subdivision's CC&R's providing a plan and schedule for the future repair and
maintenance of the private street and drainage facilities. The CC&R's shall be reviewed and
approved by they Engineer prior to the Vii: signing the final plat.
C(.9,001,r CC9 ikft ?' DUG/Pc-tit
vr:tl: .i"
•
-r viewino'eet; p I` signirtie-final-.
. If Ada County approves the construction of a private road, then a note shall be placed on the
final plat stating that each lot owner within the subdivision is to be served with the perpetual
right of ingress and egress over Lot 7, Block 1, (private road).
surto 1ndin& residences i) c
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g e or o.
n e -i mpl ion -may-
...sem that—the-opr-.n-s2ace Lots I and S _Block 1 may-be-deve lopedlor uptm
_ d_thissite-> L- tv-the City limits, -any -proposal
redexelop.me f ihe-pLopegy-ucc 1d -be rev-iewed-att-hat-point-imn-rim¢.
STANDARD CONDITIONS OF APPROVAL:
i. The app ant sh comply with all requirements of the Ada County Highway District
and/or the . Transportation Department, including but not limited to approval of the
drainage sy . -e • , curbs, gutters, streets and sidewalks.
2. Correct reet nam • s, as approved by the Ada County Street Name Committee, shall be
placed n the plat p or to the City Engineer signing the final plat.
Page 15 of 20
Wmuas \Ads Cowry Applammas\SUBSV11011VIep Esudes au dm