Minutes - 2001 - Planning & Zoning - 11/19/2001 - Regular
ORIGINAL
EAGLE PLANNING AND ZONING COMMISSION
November 19, 2001
6:30 PM
The Planning and Zoning Commission met in regular session on November 19,2001
Chairman Franden presiding.
1.
CALL TO ORDER:
2.
ROLL CALL: The following members were present FRANDEN, BLOOM,
DECKERS, NORDSTROM. Absent: CADWELL. A quorum is present.
3.
CONSENT AGENDA:
A. Minutes of November 5,2001.
B. Findin2:s of Fact and Conclusions of Law for CPA-I-0l & RZ-11-Ol-
Comprehensive Plan Amendment from Residential Four to Mixed Use
and Rezone ~-4 to ß:11:PA & L-O-DA - James L. 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 Comprehensive 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.
. ...
Deckers moves to separate the two item under the consent agenda for discussion.
Seconded by Bloom. ALL A YE...MOTION CARRIES.
Deckers mQves to approve the minutes of November 5, 2001 as amended.
Seconded by Bloom. ALL A YE...MOTION CARRIES.
Deckers moves to approve item 3B as amended. Seconded by Bloom. ALL
A YE...MOTION CARRIES.
4. OLD BUSINESS:
A. RZ-17-00 - Rezone from A-R to MU-DA - Lloyd Campbell: Lloyd
Campbell is requesting a rezone from A-R (Agricultural-Residential) to
MU-DA (Mixed Use with Development Agreement). 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.
The Public Hearing is still open.
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Lloyd Campbell Eagle. Mr. Campbell, the applicant reviews the items that were
discussed at the meeting between him and the concerned citizens in the Bogus Ridge
Subdivision
Discussion between Mr. Campbell and the Commission.
Jeff Lowe, city staff discusses the issue of the septic system and drain field.
Mr. Campbell addresses the easement required for a drain field.
Mr. Lowe continues to address the septic issue and answers questions posed by
Commissioner Deckers.
City Attorney, John McFadden address the issue of the off site sewage treatment facility
and the concern that he has with this.
Mike Kleiman, 2416 E Deerpoint Court, representing the Bogus Ridge Homeowners
discusses the meeting they had with Mr. Campbell They have two concerns, one being
the septic issue. The other concern is the business liability issue. They are concerned
that this location will not support this type of business. They suggest first using a
quality temporary structure to test his business plan before building a permanent
structure.
Discussion between Commission and Mr. Kleiman
Franden closes the public hearing.
Nordstrom
Bloom thinks that a fruitstand is a great idea but is also concerned about the septic
issues. Is concerned that the development agreement run with the land.
Deckers thinks that the off site septic issue needs to be resolved before this application
goes on to the City Council. Would like to continue this application.
Discussion on limiting the site to an employee use restroom facility only.
Franden commends the homeowners association on there letter and working with the
applicant. Mr. Franden is very concerned about the septic issue. Feels that both parcels
of land will need to always stay together. There is only two options employee only. Or
put in a requirement that this be connected to centralized sewer. Is also concerned
about this facility being a restroom stop.
Lloyd Campbell, the applicant answers Deckers question on coming back with a ZOA
or sending this application onto City Council with a denial. Mr. Campbell states he is
frustrated with the process and is not sure what to do next to get this application
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approved.
Nordstrom moves to approve RZ-17-00 - Rezone from A-R to MU-DA - Lloyd
Campbell with staff recommendations and the additional conditions;
The designation is farmers market only, to include the sale of fresh fruits and
vegetables, cans goods, honey, craft, souvenirs and similar products. That the
restroom use is for employee use only with a locked door and access by employees
only. If the sewage system that is set up to handle employee use only use fails, then
the development agreement is lost and the business must be shut down until the
sewage system is corrected. If at some point in the future central sewer is
available that it must be accessible to this property.
Discussion. Nordstrom withdraws his motion.
Deckers moves to continue this item with instructions to staff to include a usage
scenario that would have off site septic. The off site septic would be contingent on
a city ordinance that would control such usage. That staff take the letter from the
Bogus Ridge Homeowners Association and transcribe these suggestions into the
site specific conditions of approval that would go into the development agreement.
Seconded by Bloom.
Discussion.
Have staff look into the conditions under 2.1 and enhance the permissible goods
sold under a farmers market, outdoor or roadside stand similar to what was
recommended by Bogus Ridge H.A. Also include under 2.1, a small permanent
structure that would contain employee facilities. Seconded by Bloom.
Nordstrom makes an alternate motion to restrict the farmers market to uses
designated to the sale of fresh fruits and vegetables, canned goods, honey, craft,
souvenirs and similar products and restrict the permanent structure to a
maximum of 2000 sq. feet. That we require the applicant to provide a sewage
system for the internal usage's of the structure which would include washing of
fruits and vegetables and employee only restroom use with locked doors accessible
only to the employees and the applicant comes up with an acceptable sewage
handling facility that meets Central District Health requirements and if the
sewage system fails that the agreement collapses that applicant will be shut down.
If in the future when central sewer is reasonably available he must hook up to the
septic system to a commercial size of 250 gallon and we approve this as presented.
Seconded by Deckers.
Discussion.
Nordstrom amends his motion to add the recommendations of the homeowners
association letter regarding traffic and safety, goods sold and hours of operation
and delivery hours. Encourage Design Review to review and get the input from
the Bogus Ridge H.A. on the architectural features prior to acceptance. Seconded
by Deckers.
1 AYE (Nordstrom) 3 NAY...MOTION FAILS.
Continue this item to another Planning & Zoning Meeting with staff to address the
above mentioned items in a development agreement. 3 AYE INA Y
(Nordstrom)...MOTION CARRIES.
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5.
PUBLIC HEARINGS:
A. CU-9-0~-4-01 - Ancona Commercial Subdivision -Ancona Group
LLC: Ancona Group LLC, represented by Colin Connell, is requesting
conditional use and preliminary plat approval for Ancona Commercial
Subdivision. The 5.08-acre, 7-lot commercial subdivision is located on the
south side of State Highway 44, approximately 1I2-mile west of State
Highway 55.
Franden introduces the item.
Colin Connell, 1811 Leadville, Boise. Mr. Connell is the applicant and questions the
license agreement with ACHD required under site specific condition # 3. He is also
concerned about site specific condition # 22 and would like to change the wording to
allow for development to begin sooner.
Jef Lowe, city staff presents the staff report.
Franden opens the public hearing.
Colin Connell has no rebuttal, answers the Commissioners questions.
Franden closes the public hearing.
Deckers would like to add to item #5, prohibit adult business and also have DEQ supply
a letter commenting on their closure plan.
Deckers moves to approve CU-9-01 & PP-4-01 - Ancona Commercial Subdivision
-Ancona Group LLC with staff recommendations and site specific conditions with
the following changes and additions.
. #5 add to list of prohibited uses - adult entertainment
. #15 strike Hwy 55 and Horseshoe Bend Road.
. add a condition; thQ _lIJdd applicant shall provide letter of compliance from
DEQ with closure plan. In the letter, DEQ comments that this site is
appropriate for development at this time.
. The applicant pursue an Agreement with ITD to allow a right in right out and
approve a decel and accellane, if at some point the usage of McGrath is
increased.
. The applicant recognizes that at some point in the future the city may require
McGrath to be right in right out only
. Ssc #22, provide a phasing plan and dedicate the right of way for the southern
roadway prior to the final plat. Seconded by Bloom.
Discussion.
. Clarify condition ssc # 10, strike after August 2001.
Discussion.
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ALL AYE... MOTION CARRIES.
B. PP-8-01- Once Upon a Subdivision - Northwest Development LLC:
Northwest Development LLC, represented by Matt Munger with Hubble
Engineering Inc., is requesting preliminary plat approval for Once Upon a
Subdivision. The l1.11-acre, 35-lot (33-buildable, 2-common) residential
subdivision is generally located north of West State Street, approximately
300-feet west of Eagle Glen Lane at 386 W. State Street. (This item was
continuedfrom the October 15,2001, Planning & Zoning Meeting).
Franden introduces the item.
Kristen Van Engelen the applicant presents a power point presentation Ms. Van
Engelen has questions and concerns on site specific conditions #4,5,6, 7, 9, 10 & 13
Jeff Lowe, city staff presents the staff report.
Franden opens the public hearing.
Lyman Belnap is representing the Hudsons who reside at 489 Cobblestone Way. States
that his clients would like the first proposal that was rejected by ACHD to be accepted.
Either eliminate or relocate the proposed stub street.
Ed Linear, 1914 S Targee Street. Mr. Linear would like to know who would be
responsible for maintaining Cobblestone Way if the private road is ever connected.
Steve Edmonton, 364 Cobblestone Lane. His backyard is adjacent to the proposed
subdivision. Mr. Edmonton is concerned that a 2 story home will destroy his view of
Bogus Basin. Would like to see the street scape put in at the beginning of the
development.
Clint McCormick lives at the end of Cobblestone and plans to build a home sometime
in this area, he is opposed to a road through this area.
Kristen Van Engelen provides a rebuttal. She will revisit with ACHD on the
requirement for a stub street.
Matt Munger 701 Allen Street, Meridian with Hubble Engineering addresses the
irrigation issues and the locations of the headgates. Also discusses the reason for the
location of the stub street.
Franden closes the public hearing.
Bloom moves to continue PP-8-01 - Once Upon a Subdivision - Northwest
Development LLC to the December 4, 2001, Planning & Zoning Meeting.
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Seconded by Deckers. ALL A YEmMOTION CARRIES.
6.
NEW BUSINESS:
Bloom moves to continue FPUD-3-01 & FP-6-01 - Final Development Plan and
Final Plat for Picadilly Village PUD Subdivision - Stacia Patterson to the
December 3, 2001 Planning & Zoning Meeting. This item will be put under
Unfinished Business on the agenda to be heard first. Seconded by Deckers. ALL
A YEmMOTION CARRIES.
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.
7. REPORTS: None
8. ADJOURNMENT: Bloom moved to adjourn at 10:50 p.m. Seconded by
Nordstrom. ALL A YE...MOTION CARRIES...
RESPECTFULLY SUBMITTED:
~~ò~~ ~
ClTY CLERK/TREAS URER
A TRANS CRIB ABLE 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: PP -8-01 — Once Upon a Subdivision
November 19, 2001
6:30 P.M.
PLEASE PRINT LEGIBLY
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Page 1 of 1
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: CU -9-01 & PP -4-01 — Ancona Commercial Subdivision
November 19, 2001
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS TELEPHONE PRO? CON?
Page 1 of 1
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