Minutes - 2003 - Planning & Zoning - 02/03/2003 - Regular
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EAGLE PLANNING AND ZONING COMMISSION
February 3, 2003
6:30 PM
The Planning and Zoning Commission met in regular session on February 3, 2003
Chairman Deckers presiding.
L
CALL TO ORDER:
2.
ROLL CALL: The following members were present BANDY, DECKERS,
CADWELL, CROOK. Absent: BLOOM. A quorum is present.
CONSENT AGENDA:
A. Minutes of January 21,2003
B. Findines of Fact and Conclusions of Law for RZ-6-02 - Rezone from C-
1 to C-3-DA - Eaele River LLc.: Eagle River LLC, represented by Bill
Clark with Clark Development, is requesting a rezone from C-l
(Neighborhood Business District) to C-3-DA (Highway Business District
with development agreement). The L55-acre site is located on the east side
of Eagle Road approximately 800-feet south of State Highway 44.
Cadwell moves to approve the Consent Agenda as presented. Seconded by
Bandy. ALL A YE...MOTION CARRIES.
4, OLD BUSINESS: None
3.
5.
PUBLIC HEARINGS:
A. ~2 - Annexation and Rezone from RUT to R-2 - Larry
Flynn: Larry Flynn, represented by Brian Flynn with Rocky Mountain
Engineering and Surveying, is requesting an annexation and rezone from
RUT (Rural Urban Transitional) to R-2 (Residential - up to two dwelling
units per acre). The 36-acre site is generally located approximately V2 mile
east of Eagle Road at 736 East Riverchase Way.
Deckers states that items 5A & 5B will be heard as one item for the public hearing.
Deckers opens the public hearing.
TJ Angstman, 500 W Bannock. Mr. Angstman is the attorney for the Flynn's and will
be addressing the rezone and annexation only. This is now a working ranch and the
staff report asks that out buildings be removed in a certain amount of time. The
applicant proposes to extend the time frame to remove the existing buildings until the
final plat is approved.
Brian Flynn, Rocky Mountain Engineering, 155 S 2nd, Pocatello ill, representing the
applicant presents the application.
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Discussion regarding the letter received by Al Russell and whether he is landlocked.
Mr. Angstman stands to address the issue of whether the Russell property is landlocked
and stated that they had approached the Russell's regarding an easement which was
declined.
Jeff Lowe, City Staff presents the staff report.
John McFadden, City Attorney, addresses the non conforming use and removing two of
the three structures now present on the property.
Discussion between Lowe and the Commissioners.
Al Russell, 1350 S. Willow Wood Way, Eagle. Mr, Russell owns the property west of
the proposed subdivision. Mr. Russell has several concerns one being the habitat
disturbance and the other would be the bridge at the entrance road. Mr. Russell states
he would like an easement onto his property.
Mr. Angstman speaking for the applicant provides a rebuttal.
Brian Flynn stands again to address the sidewalks and also explains the reason for the
LOMR change.
Jeff Lowe, stands to comment on the larger parcel and the number of dwellings on one
parcel.
Deckers closes the public hearing.
Deckers comments on the uses of fences in the proposed subdivision. He does not feel
that R-2 is an appropriate zoning use for this parcel and states that R-l would be more
appropriate, Would like to find a better location for the open space.
Cadwell thinks the easement is a civil matter between two property owners. Feels that
the staff recommendations are appropriate,
Bandy is concerned about the public pathway and whether this amenity will only be
available to the homeowners,
Crook would like more clarification on removing the existing dwellings. Would like
Mr. Lowe to clarify the wording of this on the site specific condition.
Deckers moves to deny A-2-02 & RZ-2-02 - Annexation and Rezone from RUT to
R-2 - Larry Flynn. Suggest to Council that this would be more appropriate as an
R-l zoning designation so the area in the floodway can be used for large animals
for the residences such as horses. If Council were to approve this as an R-2 zoning
designation then we would recommend that staff recommendation on page 9 of 10
change to strike all the wording "prior to the City approving the rezone
ordinance" reword it as, "the applicant shall insure that no more than one
structure or dwelling unit occupy each parcel, the applicant shall remove any
dwelling unit in excess of one per parcel prior to the City approving this.
Furthermore we would suggest that rather than an R-2 designation an R-l zoning
designation is more appropriate, possibly with a PUD so more variety of lot sizes
can be used, with some smaller lot sizes which allows larger lot sizes so that a few
of the parcels can house horses and other non commercial livestock. Seconded by
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Cadwell. Discussion. 3 AYE 1 ABSTAINED (Crook)...MOTION CARRIES.
B. PP-3-02 - Hidden Island Subdivision - Larry Flvnn: Larry Flynn,
represented by Brian Flynn with Rocky Mountain Engineering &
Surveying, is requesting preliminary plat approval for Hidden Island
Subdivision. The 36-acre, 12-lot (ll-buildable) residential subdivision is
generally located Yz mile east of Eagle Road and east of Island Woods
Subdivision.
Commissioners discuss potential problems with this application and recommendations
for City Council:
The access to the Russell property
Should open space be located adjacent to other open space and be available to the
public.
Strike #18
Reclamation for the gravel pit.
CC&R's stating no other structures in the floodway and appropriate fencing in or out of
the floodway
Gated communities
Sidewalks
Garbage collection
Mr, Angstman stands to addresses the issue of garbage collection, emergency vehicles,
etc. in a gated community.
Deckers moves to deny PP-3-02 - Hidden Island Subdivision - Larry Flynn with
the justification that the annexation & rezone was denied, with additional
recommendations to City Council:
If Council were to approve the rezone as R-2 or if Council approved as R-l and
proceed with the preliminary plat in a manner that is not substantially different
then proposed, that Council accept staff recommendations with the exception of
striking site specific condition #18.
Sse #29 That they add the condition of a reclamation note on the gravel pit in the
east corner of the property with a note to read, a gravel pit reclamation plan shall
be submitted to the City prior to signing the final plat and reviewed by the City
Engineer reclamation of the gravel pit site and ponds shall be completed prior to
signing the final plat. The applicant shall pay the engineer fees for the
reclamation review of the plans.
Sse #30 The city engineer shall review the plans for the building of the bridge over
the slough near the entrance to the site the applicant shall pay the fees for the city
Engineer review of the bridge plans.
Sse #31 The CC&R's shall indicate that no structures or alterations in accordance
with ECC 10-1-8-5(D) shall be built in the flood way. The CC&R's shall also
specify the appropriate fencing inside or outside the floodway. Also a note on the
plat shall indicate the restrictions on floodway structures or alterations.
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Sse #32 Provisions shall be made for garbage, mail and any other services to
access the subdivision. Garbage collection shall be at each home site. If the
private road contains a gate, the gate shall be constructed at least past curve C2 on
the preliminary plat.
Sse #21 Shall be amended to include sidewalks on both sides of the street.
Sse #22 Amend to require a gravel pathway to the Eagle City greenbelt. The
wording "easement" shall be stricken to designate this pathway as common space
in the subdivision.
Additional recommendations to the City;
The City consider having this develop potentially through a PUD process were
larger lots in the floodway so that you do not end up with long narrow lots in the
floodway nor long fence lines. Concerned about consecutive fence lines and how
they are visible from the greenbelt. Seconded by Cadwell. ALL A YE...MOTION
CARRIES.
Deckers would like one additional comment on the record and states that he is opposed
to gated subdivisions.
Deckers calls a recess at 8:50 p.m.
Bandy would like to add further comments for the City Council regarding the previous
application; to add public access so the people to the south can utilize the greenbelt.
Move common area to the east. Adjacent to Rivers End open space common area
adjacent to greenbelt shall permit public access.
6.
NEW BUSINESS:
A. 02-57-CU/O2-40-MSP/O2-33-0TD Lou ean Lindle Trust: Ron
Thurber is requesting a one time division, conditional use and master site
plan approval to construct a 16,558-square foot church facility, The 5-acre
site is located on the west side of Meridian Road approximately 2000-feet
north of Chinden Boulevard. This site is located in the Eagle Area of
Impact.
Deckers introduces th.e item.
Crook states that he had a conversation with Lisa Cole heck on the church and the
impact to the neighborhood and a petition that was circulating.
Ron Thurber, 111 S, 6th Boise, an architect is representing the applicant presents the
applicant. Mr. Thurber supports the staff recommendations,
Jeff Lowe, City Staff presents the staff report. Discussion on the height exception and
the sewer system
Judith Erdman, 7283 Winward Drive, Eagle, States that most of the people she spoke
with are not in favor of this application. She personally visited over 80 residences to
obtain signatures on a petition and they all object to the application, The traffic signal
will not alleviate the amount of traffic. They would prefer this area stay rural.
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Mr. Thurber provides a rebuttal.
Crook agrees with the homeowners in the vicinity that a church changes the rural feel.
The main issue is the problem with the traffic. The most appropriate placement for this
church would be on the SE comer,
Mr. Thurber stands to address the question of any recreational fields on the site.
Deckers comments on the height exception. A church is an appropriate use of a height
exception.
Mr. Thurber stands to address sidewalks and states that one is proposed for the site.
Cadwell states that this is a good location for the church and the height exception for
the steeple is an appropriate one. Commission discussed traffic issues. This is an off
peak usage and thus does not add to the weekday traffic problem on Chinden. Land on
both side of Meridian Road loading up to the proposed church site from Chinden is
undeveloped. When that land develops sidewalks will be installed, This will make for
safe pedestrian travel, even with the added church traffic,
Deckers moves to deny 02-57-CU/02-40-MSP/02-33-0TD Lou Jean Lindley Trust
based on local opposition to the church facility, other than this local opposition the
Planning & Zoning Commission does not have a strong opposition to this
application. Further recommendation, if this application is accepted that the
applicant find a means to shut down the lights at an earlier time such as 10:00
p.m. and provide a manual override for exceptions of later use. As per applicant
proposal sidewalks should be installed on Meridian Road along with Eagle design
guidelines it should be a meandering sidewalk. Seconded by Crook. Deckers
amends his motion to concur with the height exception. 3 AYE 1 NA Y
(CADWELL)...MOTION CARRIES.
B. FPUD-5-02 & FP-15-02 - Final Development Plan and Final Plat for
Brookwood Subdivision No.7 - Aries Development. LLC: Aries
Development, LLC., represented by Mike Hormaechea, is requesting final
development plan and final plat approval for Brookwood Subdivision
Phase 7, a 63-lot (48-buildable, 15-common) residential subdivision. This
4L87-acre phase of Brookwood PUD 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,
Deckers asks the other commissioners if they want to continue due to the time, All
agree to proceed. Deckers introduces the application.
Mike Hormaechea, 1101 West River Street, Boise, Representing the applicant presents
the application. Requests two modifications to the staff report.
Jeff Lowe, City Staff, presents the staff report.
Mr. Horrnaechea addtesses the question of the water well.
Deckers would like the pathways to stay in the comprehensive plan.
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Mr. Hormaechea stands to address the issue of density in the floodplain.
Deckers moves to deny FPUD-5-02 & FP-15-02 - Final Development Plan and
Final Plat for Brookwood Subdivision No.7 - Aries Development, LLC based on
the increased number of homes in the floodplain. Other than this increase in the
number of homes in the floodplain, there are no other objections to the final plat.
If the City were to approve the final plat the Commission has two
recommendations.
1) Concur with staff with the removal of site specific condition #9, add the
language that states if ACHD releases the special recommendation then the City of
Eagle shall concur with releasing the requirement for a pedestrian bridge.
2) Also upon recommendation #1. There were two letters. #1 should read "comply
with the conditions noted in the insert "two" letters from the City Engineer" both
dated January 31, 2003. Seconded by Crook. 2 AYE 2 NAY
(BANDY,CADWEL,L)...MOTION DIES for lack of majority.
Cadwell moves to approve FPUD-5-02 & FP-15-02 - Final Development Plan and
Final Plat for Brookwood Subdivision No.7 - Aries Development, LLC with the
exception to have the bridge proposal withdrawn. Seconded by Bandy. 2A YE
2NA Y (DECKERS, CROOK)...MOTION DIES for lack of majority.
Deckers moves to send this application on to City Council without a specific
recommendation because the Commission was unable to make a decision.
Seconded by Crook. 3 AYE 1 NAY (Cadwell)...MOTION CARRIES.
7. REPORTS: Staff, past action from the council puts vacations on the consent
agenda
8. ADJOURNMENT: Cadwell moved to adjourn at 11:05 p.m. Seconded by
Bandy. ALL A YE...MOTION CARRIES...
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RESPECTFULLY SUBMITfED:
SHARON K. MOORE
CITY CLERKffREASURER
APPROVED:
~~
STE . DÉCKERS
CHAIRMAN
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A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT
CITY HALL.
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