Minutes - 2002 - Planning & Zoning - 02/04/2002 - Regular
ORIGINAL
EAGLE PLANNING AND ZONING COMMISSION
February 4, 2002
6:30 PM
The Planning and Zoning Commission met in regular session on March 19,2001
Chairman Franden presiding.
1.
CALL TO ORDER:
2.
ROLL CALL: The following members were present FRANDEN, BLOOM,
CADWELL, CROOK. Absent: NORDSTROM A quorum is present.
3.
CONSENT AGENDA:
A. Minutes of January 28, 2002.
B. Findines of Fact and Conclusions of Law for RZ-13-01 - Rezone from A
to R-l - RADA Properties. LLC: RADA Properties, represented by Land
Consultants, Inc., is requesting a rezone from A (Agricultural) to R-l
(Residential One - one dwelling unit per acre maximum). The 23.46-acre
site is generally located on the southeast comer of Ballantyne Road and
Floating Feather Road at 1156 Ballantyne Road.
C. Findines of Fact and Conclusions of Law for PP-12-01 - Lockwood
Subdivision - RADA Properties. LLC: RADA Properties, LLc.,
represented by Land Consultants, Inc., is requesting preliminary plat
approval for Lockwood Subdivision. The 23.46-acre, 28-lot (22-buildable,
6-common) residential subdivision is generally located on the southeast
comer of Ballantyne Road and Floating Feather Road at 1156 Ballantyne
Road.
D. Findines of Fact and Conclusions of Law for CU-11-01 - Buildine
heieht exception for a 45-foot hieh hotel & 48-foot hieh chimney- Eaele
River Hospitality. LLC: Eagle River Hospitality LLC, represented by Bill
Clark with Clark Development, is requesting conditional use approval for a
45-foot high hotel building and a 48-foot high chimney. The height
exception (the portion of the building above 35-feet) is for the purpose of
screening mechanical units and the installation of a chimney. The site is
generally located on the southeast comer of Eagle Road and State Highway
44.
E. Findines of Fact and Conclusions of Law for FPUD-8-01 & FP-22-01 -
Final Development Plan and Final Plat for Brookwood Subdivision No.
5 Aries Development. LLC.: Aries Development, LLc., represented by
Mike Hormaechea, is requesting final development plan and final plat
approval for Brookwood Subdivision Phase 5, a 24-lot (21-buildable)
residential subdivision. This 7.78-acre (approx.) phase of Brookwood PUD
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is located on the north side of Floating Feather Road and west of Feather
Nest Estates Subdivision. The site is within the Eagle City Limits.
Crook moves to approve the Consent Agenda as presented. Seconded by Bloom.
ALL A YE...MOTION CARRIES.
4. UNFINISHED BUSINESS:
A. PP-13-01 - Countryside West Subdivision - Capital Development:
Capital Development, represented by Steve Arnold with Briggs Engineering
Inc., is requesting preliminary plat approval for Countryside West
Subdivision. The 18.68-acre, 21-lot (I8-buildable, 3-common) residential
subdivision is generally located north of State Highway 44, approximately 1/2
mile west of Ballanytne Road. (This item was continued from the January
28,2002 Planning & Zoning Commission Meeting).
Franden introduces the item. Additional information will be presented on the irrigation
proposal.
Joanne Butler, 702 W. Idaho, Boise. Ms. Butler is the applicants attorney, she
addresses the concerns on four of the site specific conditions. Also addresses the
method for irrigation to be proposed for this development. This method will be
reviewed by the city engineer prior to final plat approval.
Steve Arnold, with Briggs Engineering is the representative, stands to answer Frandens
question on getting a well permit with IDWR.
Bloom would like to know why the applicant does not want to install a pond for water
storage.
Jeff Lowe, City Staff states that he will stand for any questions.
John McFadden, City Attorney, answers Cadwells questions on whether there is
sufficient information provided to provide a viable water system.
Bloom moves to approve PP-13-01- Countryside West Subdivision - Capital
Development with staff recommendations and site specific conditions and Briggs
Engineering's letter and the City Engineers approval of the irrigation system.
Seconded by Cadwell. Discussion. THREE AYE ONE ABSTAINED
(Franden)...MOTION CARRIES.
5.
PUBLIC HEARINGS:
A. CPA-2-01- Comprehensive Plan Amendment from Residential One to
Commercial - Gale and Ann Schenk: Gale and Ann Schenk, represented
by Land Consultants, Inc., is proposing a Comprehensive Plan Amendment
to change the land use designation on the Comprehensive Plan Land Use
Map from Residential One (up to one dwelling unit per acre) to
Commercial. The site is located on the northeast comer of Linder Road and
State Highway 44.
Franden introduces the item.
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Mark Butler, 52 N. 2nd St., Eagle with Land Consultants representing the applicant
presents the application. Mr. Butler provides a history of the site and uses data from a
traffic study done in 1998 to aid in his discussion on the anticipated traffic, if it is
appropriate in a residential subdivision.
Scott Nordstrom arrives at 7:00 p.m.
Jeff Lowe city staff present's the staff report.
Franden opens the public hearing.
Mike Hill, 4648 West Old Valley Road. Mr. Hill states that a problem with the current
use is that it is to noisy for residential use. An appropriate commercial use would be
better for this area. Mr. Hill also states that eventually he would like to be annexed into
the city and have his property zoned commercial.
Bill Cohen, 349 W State Street. Mr. Cohen also agrees that this area should be zoned
commercial, he spoke with the manager at Albertson's who would like to see the store
relieved from the school age lunch time crowd.
Gale Schenk, the property owner would like to confirm that they will be contiguous
with the new Sedona Creek Subdivision and would hope to be annexed into the City of
Eagle.
John Evans, 5699 N. Ripple Way, Garden City. Mr. Evans is the developer of the site
to the north and is hoping that this site does get annexed into Eagle, he does not feel
this site is acceptable for residential site. This would be a tough site to develop
residentially with the traffic signal that is already in place.
John Moon, 9605 Beacon Light, Eagle. Mr. Moon states the route across the bridge is
important to a commercial development and is agreeable for this area to be developed
as commercial.
Bob Vantreeck, 201 N Linder, would like to confirm what Mike Hill said, and states
that this a very loud area all they see is noise and accidents. Mr. Vantreeck feels that
this should be a commercial development.
Rebecca Butler, 1640 Washam Road, as a previous student at the high school she thinks
a commercial development would be appropriate at this site.
Rick Music, 2506 Old Valley Road. Mr. music would like to see the traffic slow down
at this intersection and stated he would not be opposed to being annexed into the city if
this was zoned commercial
Kathy Ellingson, 4557 Old Valley Road, would like to see this zoned commercial as she
owns the nursery south of this property and would like to be annexed into the city.
John, 4400 W. State, owns property east of the site and would like an idea of what will
go into this site if it is zoned commercial.
Mark Butler comments on several items and asks for a show of hands from the audience
of those who are in support of this proposal but choose not to speak.
Franden closes the public hearing.
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----- ---- ----- -- ----. -- --- -- --- - - -- - -- ---
Bloom addresses the high school issue and states that traffic is a problem whether this is
zoned residential or commercial. Does not really see a solution to this problem.
Nordstrom is concerned that eventually this could be the beginning of a large
commercial area on each comer. Unless the traffic is slowed down at this intersection
the same problems will continue.
Crook agrees that this are should be zoned commercial, primarily due to noise factors
and the speed limit needs to be reduced to lower the usage along State Street.
Cadwell also agrees that this should be commercial and disagrees with staff
recommendations. Mr. Cadwell does not want Ada Co. to be in control of this
development and would like to see the City of Eagle in control of this.
Discussion between the City Attorney and the Commission.
Franden is also in favor of making this commercial but does not want to see what
happened at the comer of Highway 55 and Beacon Light Road happen here. Mr.
Franden hopes this property is annexed into the city so the same thing does not happen
in this case.
Franden allows a private discussion between Mark Butler and John McFadden.
Butler stands to answer the question on continuing this application to allow for a
development agreement to be brought back.
Nordstrom moves to approve CPA-2-01- Comprehensive Plan Amendment from
Residential One to Commercial - Gale and Ann Schenk contingent upon a rezone
to the appropriate county designation with a city approved development
agreement and e9ReefJt plaR additionally that it be bound by the property, not to
develop for commercial use until the property is annexed into the city and this
change be identified by a comprehensive plan change. Seconded by Bloom.
Discussion. ALL A YE....MOTION CARRIES.
Franden calls a brief break
B. CPA-3-01/RZ-14-01 Comprehensive Plan Amendment from
Residential Two to Mixed Use and Rezone with development
aereement from R-2 to MU-DA-P: Peter J. Cintorino, represented by Land
Consultants, Inc., is proposing a Comprehensive Plan Amendment to
change the land use designation on the Comprehensive Plan Land Use Map
from Residential Two (up to two dwelling units per acre) to Mixed Use, and
a rezone from A-R (Agricultural-Residential) to MU-DA-P (Mixed Use
with Development Agreement - PUD). The site is located on the west side
of Eagle Road approximately 3/4 mile north of Chinden Boulevard., at
2421 North. Eagle Road.
Franden introduces the item.
Mark Butler, 52 N. 2nd St. representing the applicant presents the application. They
will be using a development agreement for this development.
Jeff Lowe, city staff presents the staff report, staff recommended denial of this
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application.
Peter Cintorino, 756 S. Moonbeam Way, Eagle. Mr. Cintorino states that change is
inevitable, did not locate his nursery in this spot due to the large amounts of traffic and
safety issues involved. Would like to see a campus type atmosphere in this
development, heavily landscaped. The sound is atrocious on this site and residential is
not the best use because of this.
Franden opens the public hearing.
Bill Cohen, drives this road on a daily basis and thinks this development will be
professional and makes more sense than a high end residential, is very much in favor of
this development.
Rich DiLaura, 1380 Deadwood Court in Pine Ranch Subdivision. Mr. DiLaura states
that the design of these buildings will suite this area rather than more berms. He also
travels this road on a daily basis.
Ken Crowell 372 W. Colchester and adjacent homeowner has several concerns, one
being the increase in traffic, the other being the decrease in his property values. The
third and most important issue is the wildlife and how this development will effect this.
Bob Vantreeck, 201 N. Linder, likes low berms and is in favor of this project.
Mark Butler stands for rebuttal.
Pete Cintorino stands to address Cadwells question on how they are addressing the
flood potential for this area.
Franden closes the public hearing.
Crook sees this as a significant change to the comprehensive plan
Bloom agrees with Crook and does not see a lack of medical and professional office
space.
Nordstrom is not opposed to the office space in front and thinks there needs to be some
diversity but still does not feel comfortable with the entire project. Would like to come
up with more specific ideas.
Franden agrees with Nordstrom on this issue, but is concerned with traffic speeds, he is
also concerned about the decrease in property values
Bloom moves to deny CPA-3-01/RZ-14-01 - Comprehensive Plan Amendment
from Residential Two to Mixed Use and Rezone with development agreement from
R-2 to MU-DA-P: with staff recommendation's. Seconded by Crook. Discussion.
Butler stands to address the concerns and the fact that one comprehensive plan
amendment was approved and this could put this application in a "processing glitch"
Mr. Cintorino stands to address the question, is this proposal is open for change or
further ideas? The applicant would like some guidance from the Commission on
proceeding on with this application.
Nordstrom calls for question. TWO AYE THREE NAY (Cadwell, Franden,
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Nordstrom)... MOTION FAILS.
Franden moves to continue CPA-3-01/RZ-14-01- Comprehensive Plan
Amendment from Residential Two to Mixed Use and Rezone with development
agreement from R-2 to MU-DA-P to the February 19,2002, Planning & Zoning
meeting. Seconded by Bloom. ALL A YE...MOTION CARRIES.
Franden keeps the public hearing open.
6.
NEW BUSINESS:
A. 01-04-Z0A -Ada Countv Zonine Ordinance Amendment - Jim Jewett:
Jim Jewett is proposing an ordinance amending Ada County Code in part, to
add a new base district, R1E (New Estate Residential) to the list of zoning
base districts.
Franden introduces the item.
Jeff Lowe presents the staff report
Nordstrom moves to continue 01-04-Z0A -Ada County Zoning Ordinance
Amendment - Jim Jewett. Seconded by Franden. ALL A YE...MOTION
CARRIES.
7. REPORTS: None
8. ADJOURNMENT: Bloom moved to adjourn at 10:05 p.m. Seconded by
Nordstrom. ALL AYE...MOTION CARRIES...
RESPECTFULLY SUBMITTED:
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SHARON K. MOORE
CITY CLERKfTREAS URER
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT
CITY HALL.
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