Minutes - 2003 - Planning & Zoning - 08/18/2003 - Regular
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ORIGINAL
EAGLE PLANNING AND ZONING COMMISSION
August 18, 2003
6:30 PM
The Planning and Zoning Commission met in regular session on August 18, 2003 Vice-
Chairman Bloom presiding.
1.
2.
3.
CALL TO ORDER:
ROLL CALL: The following members were present BANDY, BLOOM,
GLA V ACH. Absent: DECKERS, CROOK, A quorum is present.
CONSENT AGENDA:
A. Minutes of August 4, 2003
B. Minutes of August 11, 2003
C. A-2-03/RZ-2-03/CU-5-03/PPUD-1-3/PP-3-3 - Laeuna Pointe Planned
Unit Development - Laeuna Pointe LLC: Laguna Pointe LLC,
represented by Land Consultants Inc., is requesting an annexation and
rezone from RUT (Rural Urban Transition) to R-2-DA-P (Residential up to
two units per acre with development agreement and PUD) and R-E-DA-P
(Residential Estates up to one dwelling unit per two acres with
development agreement and PUD), a rezone from A-R (Agricultural-
Residential) to R-2-DA-P (Residential up to two units per acre with
development agreement and PUD) and R-E-DA-P (Residential Estates up
to one dwelling unit per two acres with development agreement and PUD),
conditional use permit, preliminary development plan, and preliminary plat
approvals for Laguna Pointe planned unit development. The 1 17.51-acre
development consists of a 69-lot (55-buildable, l4-common) residential
subdivision. The site is located east of Eagle Road approximately Y2-mile
north of Chinden Boulevard at 2260 S. Eagle Road.
D. Findines of Fact and Conclusions of Law for RZ-3-03 - Rezone from
R-4 to MlJ-DA - Paramount Parks at Eaele LLC: Paramount Parks at
Eagle LLC, represented by Gerald Teal with Teal Architects, is requesting a
rezone from R-4 (up to four dwelling units per acre) to MU-DA (Mixed
Use with development agreement). The 2.9-acre site is located on the west
side of Eagle Road approximately 800-feet south of Floating Feather Road
at 813 N. Eagle Road,
E. Findines of Fact and Conclusions of Law for CU- 7 -03 - Davcare
Center (Pre-School ~litv) - LaDawna C. Wilson: LaDawna C. Wilson
is requesting conditional use approval to provide a Daycare Center (pre-
school facility) within the existing dwelling unit located on the site which is
a part of DR-44-02 (currently under review for a proposed church). The
2.94 acre site is located on the north side of East State Street approximately
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Y2 - mile east of Eagle Road at 350 East State Street.
Bandy removes item 3D from the Consent Agenda.
Glavach moves to remove item 3D. Seconded by Bloom. ALL A YE...MOTION
CARRIES.
Bandy would like to clarify the intent for item 2.4, the 24' wide easement.
Staff will make the change before it goes on to City CounciL
Bandy moves to approve item 3D with the recommended changes. Seconded by
Bloom. ALL A YE...MOTION CARRIES.
Bloom moves to approve the Consent Agenda as presented. Seconded by Bandy.
ALL A YE...MOTION CARRIES.
4. OLD BUSINESS:
5.
PUBLIC HEARINGS:
A. CU-4-03 & PP-2-03 - Paddy Row Subdivision - Steve Roth: Steve Roth,
represented by Jane Suggs, is requesting a conditional use permit and
preliminary plat approval for Paddy Row Subdivision. The 3.55-acre, 30-
lot, (24-buildable, 6-common) residential subdivision is generally located on
the north side of 2nd Street approximately 50-feet north of Plaza Drive at 150
South 2nd Street. (This item was continued from the July 14, 2003,
Planning & Zoning meeting).
Bloom introduces the item.
Jeff Lowe, City Staff asks the Commissioners if they could combine both items 5A &
5B for the public hearings with separate motions.
Bloom moves to combine both items 5A & 5B. Seconded by Bandy. ALL
A YE...MOTION CARRIES.
Jane Suggs, 200 Louisa Street, Boise, representing the applicant presents the
application. Ms. Suggs states that the developer Steve Roth will also be the only
builder for this project.
Brian Crook arrives at 6:45 p.m.
Ms. Suggs also addresses item 5B, the application for the variance request to reduce the
FEMA requirements
Jeff Lowe, City Staff presents the staff report.
Mike Mongelli, Eagle City Flood Plain Administrator & Building Official discusses the
Flood Plain Ordinance.
Bloom asks that the flood plain designation is shown on the final plat so potential
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buyers are aware that they are purchasing in the flood plain.
John McFadden, City Attorney answers the question about the city being involved in a
negligent action by granting this variance.
Discussion between the Commissioners and Mike Mongelli on the flood plain.
Bloom opens the public hearing.
Karla Everheart, Advantage Association Professionals, W. State, Boise, manages
homeowner associations in this area. Ms. Everheart has worked with Mr. Roth in other
developments. An analysis study has shown that having reserve needs will provide an
attractive development.
Jane Suggs provides a rebuttal. Ms. Suggs addresses the previous questions on having
a pathway along the drainage ditch and the use of the no mans land between the project
and ACHD's right of way along the future Plaza Drive.
Ms. Suggs discusses the staff site specific conditions and changes that they would like
addressed.
Steve Roth, 5340 Goldie Place, Boise. Mr. Roth, the developer of this project stands to
address a question by Commissioner Bloom. What will the price range be of these
homes?
Bloom closes the public hearing.
Bloom states that she likes this project. It fits in the downtown area and is a nice plan.
However, she is concerned about the drainage ditch company and their inability to work
with the developer. Does not want to see any amenities that will draw children to this
project. Discussion on the site specific conditions.
Bandy also agrees with Bloom but would like to clarify site specific condition #24.
Glavach also agrees with the others, his one concern would be the increase in traffic for
this area. This type of project is what is needed in the downtown area.
Crook likes the homes and designs would like to see residential homes in this part of
town. Crook thinks there are enough issues and risks in this project to deny the
applications.
Discussion amongst the Commissioners.
Bandy moves to approve CU-4-03 & PP-2-03 - Paddy Row Subdivision - Steve
Roth with the modifications to the site specific conditions discussed. Site specific
condition #24, clarification to insert the word "available" between the and open.
Ssc #13 add an s to easement and delete the rest of the sentence.
Ssc #21 change 10' wide sidewalks to 8' wide. Seconded by Glavach. 3 AYE 1
NA Y (Crook) Crook states that he denied the CU & PP because the site specific
conditions results in a development that cumulatively strays to far from Eagle
standard, the density and compaction rather than the total nature of the
development.
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Bloom moves to approve V -2-03 - Variance from the minimum finished floor
elevation above base flood elevation - Steve Roth with the following addition;
add site specific condition #6, place a note on the plat stating that this subdivision
is in a flood zone designation AH. Seconded by Bandy. 3 AYE 1 NAY (Crook)
Crook states that he can not approve the variance for the reason being, in a
residential dwelling the 2 foot increase is necessary to create a reasonable buffer.
Bloom leaves the meeting at 8:40 p.m,
B. V-2-03 - Variance from the minimum finished floor elevation above
base flood elevation - Steve Roth: Steve Roth, represented by Jane Suggs,
is requesting City approval of a variance from the requirement to construct
the residential finished floor two-feet (2') above the base flood elevation,
and from the requirement to construct roadways and manholes Y2-foot (OS)
above the base flood elevation. The site is generally located on the northeast
comer of 2nd Street and Plaza Drive, at 150 South 2nd Street.
C. PP/FP-I-03 Merrill Subdivision No.4-Dave Evans Construction: Dave
Evans Construction, represented by Dave Evans, is requesting combined
preliminary plat and final plat approval for Merrill Subdivision No.4 (a re-
subdivision of Lot 12, Block 3, Merrill Subdivision No.2, formally known as
Rocky Mountain Business Park). The 2.29-acre, 6-lot commercial
subdivision is located at 501 S. Fitness Place.
Crook introduces the item.
Dave Evans, 9500 W. Riverside Drive Boise, the applicant presents the application.
Jeff Lowe, City Staff presents the staff report.
Crook opens the public hearing.
Crook closes the public hearing.
Glavach moves to approve PP/FP-I-03 Merrill Subdivision No.4-Dave Evans
Construction. Seconded by Bandy. Discussion. 3 A YE...MOTION CARRIES.
6.
7.
NEW BUSINESS: None
REPORTS: None
8. ADJOURNMENT: Bandy moved to adjourn at 8:55 p.m. Seconded by
Glavach. ALL A YE...MOTION CARRIES...
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RESPECTFULLY SUBMITTED:
CITY CLERKfTREAS URER
APPROVED:
~'g£
- STb V ~KERS
CHAIRMAN
. o/~¡1> 7
A TRANS CRIB ABLE RECORD OF THIS MEETING IS A V AILABLE AT
CITY HALL.
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