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Minutes - 2002 - Planning & Zoning - 02/19/2002 - Regular ORIGINAL EAGLE PLANNING AND ZONING COMMISSION February 19, 2002 6:30 PM The Planning and Zoning Commission met in regular session on February 19, 2002 Chairman Franden presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present FRANDEN, BLOOM, NORDSTROM, CROOK. Absent: CADWELL. A quorum is present. CONSENT AGENDA: A. Minutes of February 4, 2002 B. Findines of Fact and Conclusions of Law for A-07-01 & RZ-12-01 - Annexation and Rezone from RUT to R-l & Rezone from A-R to R-l- Capital Development: Capital Development, represented by Steve Arnold with Briggs Engineering Inc., is requesting an annexation and rezone from RUT (Rural Urban Transitional) to R-l (Residential - one dwelling unit per acre maximum) and rezone from A-R (Agricultural-Residential) to R-l (Residential - one dwelling unit per acre maximum). The 18.68-acre, site is generally located north of State Highway 44, approximately lh-mile west of Ballanytne Road at 2800 West State Street C. Findines of Fact and Conclusions of Law for PP-13-01 - Countrvside 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, 21-10t (18-buildable, 3-common) residential subdivision is generally located north of State Highway 44, approximately Y2 mile west of Ballanytne Road Nordstrom moves to approve the Consent Agenda as presented. Seconded by Bloom. ALL A YE...MOTION CARRIES. 3. 4. PUBLIC HEARINGS: A. 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 Page 1 of 4 K:\P&ZIMINUTES\Temporary Minutes Work AreaIPZ-02-I9-02 nUn. doc 2421 North. Eagle Road. (This item was continued from the February 4, 2002, Planning & Zoning Commission Meeting). Franden introduces the item. Mark Butler, representing the applicant, discusses the application. Jeff Lowe states that staff will stand by the initial decision of denial for this application. Franden opens the public hearing. Susan Danes, 766 W. Colchester discusses the application and traffic concerns. Dr. Chris Cusamotto, 318 W. Colchester discusses his concerns with this application. Wallie Lowe, 102 W. Colchester discusses his disapproval of this application and due to traffic and noise concerns. Daniel Howard, 120 W. Colchester discusses traffic issues and office buildings being placed in this area. Mark Spalding 407 W. Colchester agrees with all previous neighbors and discusses traffic issues and concerns. Gary Christensen, 661 W. Colchester does not approve of town homes as presented in this application. Rick McGraw, 309 Gentry Way discusses the application and the high quality of the town homes and patio homes for this application and how they will affect the market value of existing homes in Banbury. Kathy Nahas, 2634 E. Gladstone also agrees with Rick McGraw's testimony and feels this application should be approved. Ken Crowel 372 W. Colchester agrees with denial of this application. Robert Minch, lives in Streamside Subdivision and discusses concerns of the proposed application. Ben Garcia, 210 W. Colchester agrees with denial of this application and addresses concerns with the wetlands. Jeff Lowe discusses application with the Commissioners, wetland and pathway Issues. Mr. Butler discusses the application further with the Commissioners. Franden closes the public hearing. Discussion amongst the Commissioners. Commissioners and Mark Butler discuss the development agreement. Page 2 of 4 K:\P&zIMiNUTES\Temporary Minutes Work AreaIPZ-02-19-02 rain.doc Bloom moves to approve 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 the following conditions: . If this area is designated wetlands it will be noted in the CC&R's that it is a wetland area and all the regulations governing wetlands will be adhered to. . The lights in the parking lot will follow our dark sky ordinance. . The pathway plan will be incorporated as required when we get the PUD. The development agreement will be amended as follows: 2. Provisions of development concept plan: The change exhibit B will be land use concept #2 as presented by Mark Butler tonight. 2.2a. A maximum of 32,000 sq. feet of office space for professional, medical and dental offices with no one building exceeding 6,000 square feet. 2.2b. A maximum of 15 single family units. 2.3. Add that exterior of office buildings shall include design elements that reference the office park concept photos presented to us at the last hearing. 2.6. The butTer area between existing Banbury Meadows #1 Subdivision and the proposed land use concept #2 be incorporated. Seconded by Nordstrom. ALL A YE...MOTION CARRIES. Break for 5 minutes. Lexineton Ridee: Discussion on status of Lexington Ridge. Bloom moves to remand back to statT. Seconded by Nordstrom. ALL A YE...MOTION CARRIES. Comprehensive Plan Agreement for Schenk property is discussed with John McFadden and Commissioners. 5. UNFINISHED BUSINESS: A. !!!:!M-ZOA -A4a County Zonin2 Ordinance Amendment - ~: Jim Jewett is proposing an ordinance amending Ada County Code in part, to add a new base district, RIE (New Estate Residential) to the list of zoning base districts. Franden introduces the item. Jeff Lowe discusses the application. Discussion of prohibiting the following uses, agriculture, dangerous or protected animals, dwelling secondary attached, dwelling secondary detached, manufactured home park and pit/quarry. Also to permit no more than 3 Page 3 of 4 K:\P&ZIMINUTES\Temporary Minutes Work AreaIPZ-02-I9-02 rain.doc domesticllivestock animals. Bloom moves to approve with the changes noted. Seconded by Nordstrom. Discussion. ALL A YE...MOTION CARRIES. NEW BUSINESS: None 6. 7. REPORTS: City Engineer is not present for report. Nordstrom discusses pressurized irrigation and guidance from City Engineer, cell tower discussion and traffic control issues and the need for a zoning enforcement person, all of which was discussed with Council. Bloom discusses scraping off topsoil and selling it from properties about to be developed and legality of this. Bloom directs staff to research this topic. 8. ADJOURNMENT: Franden moves to adjourn at 9:00. Seconded by Crook. ALL A YE...MOTION CARRIES. RESPECTFULLY SUBMITTED: " "..u..~ ~tI'" 0 F E4~' ~ ~ ~ 8eO~O.eO O< ~ .: Ô' ,p II., ~ ':. ¡ "e, ~.10lt4r'\ ':. . :f.P ~9 f, i *1> -.-- :* i ~'~""7 ~...... ....." .. ".."""".,.( £:). ~ co;..,;> .. """""",.,¿L"...,,,.. 1 ~~};,," -:.,,~~(/ ,. .. ~""~'i;r.~N,:;:';'¡ .,n~ "'-~:'!... <!:,'i!."".\;;.i.,f~', ., ~".~... .~, ..-" , - ^..'r Þ- ~~~~#" A (t+<' Ii ~ SHARON K. MOORE CITY CLERKfTREASURER A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL. Page 4 of 4 K:\P&ZIMINUTES\Te¡qx>rary Minutes Work AreaIPZ-O2-I9-02 rain.doc