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Minutes - 2002 - Planning & Zoning - 12/16/2002 - Regular EAGLE PLANNING AND ZONING COMMISSION December 16, 2002 6:30 PM 0' ./ ~/S/~I 1(4¿ The Planning and Zoning Commission met in regular session on December 16,2002 Chairman Franden presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present FRANDEN, BLOOM, NORDSTROM, CADWELL, CROOK. A quorum is present. 3. CONSENT AGENDA: A. Minutes of December 2, 2002 Nordstrom moves to approve the Consent Agenda as presented. Seconded by Bloom. FOUR AYE (Cadwell abstained)...MOTION CARRIES. 4. OLD BUSINESS: None 5. PUBLIC HEARINGS: A. CPA-I-02 - ~mpact Area Bouß(~arv chan2e and Comprehensive Plan Amendment - The City of Ea2le: The City of Eagle is proposing to amend the Area of Impact Boundary and is proposing to amend the Comprehensive Plan to include new land use designations on the Land Use Map and to make changes to the text within the plan. (This item was continued from the December 2,2002, Planning & Zoning Meeting). Franden introduces the item. Bill Vaughan, City Staff, presents two additional items with definitions to help guide the land use and comprehensive plan. Franden closes the public hearing. Cadwell moves to approve CPA-I-02 - Impact Area Boundary change and Comprehensive Plan Amendment - The City of Eagle. Seconded by Bloom. ALL A YE...MOTION CARRIES. B. CPA-3-02/RZ-4-02 - Comprehensive Plan Amendment from Residential Four to Mixed Use and Rezone from R-4 to MU-DA: Jayo Construction Inc., represented by Doug Jayo, 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 a rezone from R-4 (Residential - up to four dwelling units per acre) to MU-DA (Mixed Use with Development Agreement). The site is located on the south side of Floating Feather Road approximately 250-feet west of Eagle Road, at 135 Floating Feather Road. (This item was continued from the December 2, 2002, Planning & Zoning Page 1 of 5 K:IP&Z\MINUTESIT<mporary MillU!<S Work AreuIPZ-12-16-02 lllin.Joc Meeting). Franden introduces the item. The applicant is not at the meeting, staff requests this item be moved to the end of the agenda. Bloom moves to move item 5B to the end of the agenda. Seconded by Nordstrom. ALL A YE...MOTION CARRIES. Franden introduces the item Jeff Lowe, City Staff, reviews the application and mentions the letter from the applicant addressing the flood plain Franden closes the public hearing Crook moves to deny CPA-3-02/RZ-4-02 - Comprehensive Plan Amendment from Residential Four to Mixed Use and Rezone from R-4 to MU-DA. Seconded by Bloom. Discussion. (Bloom states it is not appropriate for that piece of property. Crook does not see a benefit to the community to change the comprehensive plan to allow mixed use in this area rather than residential, there is only a benefit to the developer and is not convinced it is the only option for that site. Nordstrom asks if we have a responsibility to that parcel of land. Bloom states it is the developers problem, he created it by dividing it off from the other development). Question has been called for. ALL A YE...MOTION CARRIES (Cadwell gone) CPA-4-02/A-3-02/RZ-5-02 - Comprehensive Plan Amendment from Residential Two to Mixed Use/Annexation and Rezone from RUT to MU-DA (Mixed Use with Development Al!reement and Rezone from R- ~A (Mixed Use with Development A2reement): B.W. Eagle, Inc., represented by Dan Torfin, is requesting 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, an annexation and rezone from RUT (Rural Urban Transitional) to MU-DA (Mixed Use with Development Agreement) and a rezone from R-2 (Residential-up to two dwelling units per acre) to MU- DA (Mixed Use with Development Agreement). The site is located on the east side of Eagle Road approximately lOOO-feet north of Chinden Boulevard. (This item was continued from the November 18, 2002, Planning & Zoning Meeting). Franden introduces the item. c. Cadwell recuses himself from this item and leaves the building Jeff Lowe, City Staff, briefly reviews the application. Dan Torfin, representing the applicant presents additional information related to land use and transportation. Mr. Torfin uses a colored view foil to explain the concept plan and the type of residences and commercial properties they would like to develop in this Page 2 of 5 K\P&ZIMINUTESIT elllporary Minutes Work AreaIPZ-12-16-02 min.do" complex. The public hearing is still open. Bob Van Arnem, 3049 S. Whitepost Way, Eagle. Asks the chairman if he can have 10 minutes to speak. Mr. Van Arnem states that the traffic noise is the most intrusive aspect of this development and would like the speed reduced along Eagle Road to a maximum of 40 mph and to install two traffic signals. Mr. Van Arnem feels that one access onto Eagle Road is unacceptable. Bill Walls, 1044 N. Watson Way, Eagle. Mr. Walls states that this development will impact Eagle. Mr. Walls moved here for the quality of life and feels this proposal will change the quality of Eagle. Verlyn Wolfe, 852 N. Player, Eagle. Mr. Wolfe is the vice president of the Eagle Point homeowners association Does not want to see higher density that will attract more traffic to this area. Eagle road could be gridlocked by increased traffic and is concerned about access and the reduced quality of life in this area. Kim Rainey, 577 W Fordham, Eagle. Completely against anything that increases the traffic in Eagle. Does not want to see an increase in density which would contribute to a decreases in property values. Ken Olmberg 2233 S Bradford Way, Eagle. Studied the comprehensive plan before choosing to buy in Eagle. Does not want to change the comprehensive plan. Asks the question "Why do we need this development". Has spoken to numerous people and states that no one he has spoken with is in favor of this development Mark Butler, 1640 W. Washam Road, Eagle. A member of the board of the Chamber of Commerce. States that this is a beautiful mixed use concept plan. Does not see a decrease in property values. Mr. Butler states that he likes the idea of the park area away from Eagle Road. Mr. Butler address the comp plan designation and how it received its zoning designation. Mr. Torfin provides a rebuttal. Dennis Baker, 250 S. Beechwood, Boise. Has several items to address. This area has no 100 year floodway, but has approximately 50 acres in the 500 year floodway. Mr. Torfin would like to point out that open space will give the rural feel that everyone envisions for the Eagle area. Pat Dobey, stands to address the traffic study he completed for this project. Commissioner Crook asks Mr. Van Arnem to address whether he is in favor or opposition to this project. Mr. Van Arnem would not have a concern if the developer could reduce the traffic speed and mitigate the noise. Bloom asks Mr. Van Arnem to comment on the discussion he had with Mr. Wendall Bingham with the Meridian School District who stated that the school district was not interested in locating a school in a flood area. Franden closes the public hearing. Page 3 of 5 K:IP&zIMINUTESITelTlpnrary Millute, Work AreaIPZ-12-16-02 mill. do" Nordstrom would like to see the diversity this concept would provide and agrees that traffic is an issue but it will also be an issue in a strictly residential area. Jeff Lowe stands to address the question of splitting up this application with the comp plan change and a rezone with a development agreement at a latter date. John McFadden also addresses this question. Bloom also agrees that the traffic on Eagle Road is the main issue. Growth is inevitable, this is the last parcel along Eagle Road, no matter how you develop this it will result in an increase in traffic. Crook would like to consider the scenic corridor when coming into town and at this time does not thin it justifies changing the comp plan. The open space is wonderful but not usable and does not benefit the general public. To change the comp plan it should benefit everyone that resides in Eagle and cannot justify changing the plan for this development. Franden thinks it is positive to work and live in one area. Being able to work in Eagle would be a benefit. The City of Eagle needs more parks and this development would contribute to that but would like to see access to the river and riparian areas. Is also concerned about the increase in traffic and the increase in noise. Mr. Franden would support this application. Franden calls a 5 minute recess at 8:50 p.m. John McFadden, City Attorney, explains to the Commission what terms to leave in the development agreement and what to leave in a PUD. Steve Bradbury, 222 N. 9th, Boise. Mr. Bradbury is the attorney representing the applicant and stands to discuss the development agreement that was submitted with this application. McFadden further addresses the development agreement and answers the Commissions question regarding one of the articles. Jeff Lowe further addresses the development agreement. Discussion between Mr. Bradbury and the Commission on what items in the development agreement can be eliminated and put into the PUD. John McFadden recommends the added verbiage to item 3.2 in the development agreement at the end of the sentence add; "not withstanding this provision all uses permitted under the MU zoning designation except those prohibited in 3.2.4 shall be allowed at the time this development agreement is recorded". Discussion between the Commission and Lowe on the wording in the Development agreement Crook asks Mr. Baker if there would be a difference for the developer on using this land as far as a tax break for a school district or the city using this for a park. Mr. Baker stands to address this question. Mr. Baker states they would be happy to provide a letter addressing using this site for a new school. Page 4 of 5 K:IP&Z\MINUTESITel1lporary MillU,"S Work AreaIPZ-12-16-02I1lill.Joc McFadden addresses Nordstrom's question regarding if they approve this plan are they missing any critical item. Bloom moves to approve CPA-4-02/A-3-02/RZ-5-02 - Comprehensive Plan Amendment from Residential Two to Mixed Use! Annexation and Rezone from RUT to MU-DA (Mixed Use with Development Agreement and Rezone from R-2 to MU-DA (Mixed Use with Development Agreement) with the site specific conditions and standard conditions of approval with the following staff recommended changes to the development agreement: 3.2 Not withstanding this provision all uses permitted under the mixed use zone at the time this development agreement is approved and recorded, excluding those addressed in 3.2.4. 3.2.1,3.2.2 & 3.2.3 will be excluded and addressed in the PUD. All other provisions shall remain the same. Seconded by Nordstrom 3 AYE 1 NAY ( Crook does not feel there is enough justification to change the comp plan with regards to Eagle's rural setting. In general he likes the development but would like to see the open space used differently to create a greater benefit to the citizens of Eagle). 1 recused (Cadwell)...MOTION CARRIES. 6. 7. NEW BUSINESS: None REPORTS: None 8. ADJOURNMENT: Franden moved to adjourn at 10:15 p.m. Seconded Bloom. ALL A YE...MOTION CARRIES... RESPECTFULLY SUBMITIED: ;~ ~ .£!ø hLJ JOHN S. FRANDEN CHAIRMAN A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL. """""'" " 'I. ~~~' Of BAa "'" .," ~~z."..8.. ~Å ~~ ~ ..:~ .. v ~ ~ (;'" veRA]> 8. '=- I I o~ (¡> '.. \ : CJ ,of(: . : _.- . . : .. \ ;::. : .\ ..~SB¡\L~o¡ . C'. "'(,<:).'."1.: .. ~ cP ..OI?1>OR"'~.. ...,.:, ~.. l' A......... :Q ~ ~~.. ~".;1 l"E 011 \: "", """..."."" Th~~ '- SHARON K. MOORE CITY CLERKfTREASURER APPROVED: Page 5 of 5 K:\P&ZIMlNUTESIT<mponuy Minutes Work Area\PZ-12-16-02 mitLdoc