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Minutes - 2003 - Planning & Zoning - 09/08/2003 - Regular ORIGINAL EAGLE PLANNING AND ZONING COMMISSION September 8, 2003 6:30 PM The Planning and Zoning Commission met in regular session on September 8, 2003 Chairman Deckers presiding. 1. CALL TO ORDER: Meeting called to order at 6:30 p.m. 2. ROLL CALL: The following members were present BANDY, BLOOM, DECKERS. Absent: GLA V ACH, CROOK. A quorum is present. 3. CONSENT AGENDA: A. Minutes of August 18, 2003 B. Findines of Fact and Conclusions of Law for CU-9-02 - Sub- Transmission Line - Idaho Power: Idaho Power, represented by Layne Dodson, is requesting conditional use approval to construct a 138kV sub- transmission line, and a height exception request to construct the poles ranging in height from approximately 70 to 90-feet, (35 to 55-feet higher then the required maximum of 35-feet). C. Findines of Fact and Conclusions of Law for 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. D, Findines of Fact and Conclusions of Law for 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 (0.5') 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. E. Findines of Fact and Conclusions of Law for PPIFP-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. Page 1 of 5 K:\P&ZIMINUTES\Temporary Minutes Work Area\PZ-09-08-O3 mULOOc Bloom requests item 3C be removed from the consent agenda. Bloom moves to approve the Consent Agenda as amended. Seconded by Bandy. ALL A YE...MOTION CARRIES C. flmJ-ines o{Fact and Conclusions of Law for 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. Bloom would like to clarify her motion regarding site specific condition number 22. Bloom does not want the caliper size designated in the condition, wants the condition to state that the developer shall provide appropriately sized caliper shade trees as determined by the City Forester. Discussion. The letter submitted by Ms. Suggs should be incorporated into site specific #22. Discussion. Crook arrives at 6:34 p.m. Bloom moves to approve Findings of Fact and Conclusions of Law for CU-4-03 & PP-2-03 Paddy Row Subdivision as amended. Seconded by Bandy. TWO AYE...TWO ABSTAIN (DECKERS, CROOK) MOTION CARRIES 4. OLD BUSINESS: None 5. NEW BUSINESS: A. Presentation bv ACHD. COMPASS. ITD staff reeardine the 2005-2009 Transportation !mprovement Proeram CUP) and the Five Year Work Proeram. Deckers introduces the item. Don Kostelec, with Ada County Highway District, reviews last years priority list. Discussion. Larry Sale, with Ada County Highway District, addresses questions regarding chip sealing subdivisions, cul-de-sacs, etc. Discussion. Sue Sullivan, ITD, reviews item 14 on last years list. Discussion. Ali Bonakdar, with COMPASS, discusses the extension of Highway 16. Discussion. Bloom moves to continued this item to the end of the meeting to discuss what meeting date this item will be continued to. Seconded by Bandy. ALL A YEuMOTION CARRIES. B. FPUD-9-03 & FP-II-03 - Final Development Plan and Final Plat for Countryside Estates PUD Subdivision No.3 - Countryside Estates LLC: Countryside Estates LLC, represented by Steve Arnold with Briggs Engineering, is requesting final development plan and final plat approval for Countryside Estates Page 2 of 5 K:\P&Z\MINUTESITemporary Minutes Work Area\PZ-09-0S-03 min.doc Subdivision No.3, a 27-lot (22-buildable, 5 common) residential subdivision, This 11,02-acre phase of Countryside Estates PUD Subdivision is located near the northwest comer of Ballantyne Road and State Highway 44 (State Street). Deckers introduces the item. Dave Yorgason, representing Countryside Estates LLC. Mr, Yorgason presents the application. They have no problems with the staff report, and stand for questions. Discussion regarding home costs, tiling of the irrigation ditch to increase public safety, etc. Lowe presents the staff report. Deckers moves to approve FPUD-9-03 & FP-ll-03 Final Development Plan and Final Plat for Countryside Estates PUD Subdivision No.3 with the staff recommended conditions of approval and adding a site specific condition that as per applicant testimony this evening that the irrigation ditch along State Street and along the western portion of the property will be tiled and the appropriate review and approval from the irrigation ditch company and the city engineer shall be obtained. Seconded by Bandy. THREE AYE. ONE NAY (BLOOM) MOTION CARRIES. C. FPUD- 7-03 & FP-9-03 - Final Development Plan and Final Plat for Brookwood Subdivision No.9 - Aries Development. LLC: Aries Development, LLc., represented by Mike Hormaechea, is requesting final development plan and final plat approval for Brookwood Subdivision Phase 9, a 38-lot (32-buildable, 6-common) residential subdivision, This 16.44-acre (approx.) 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, D. FPUD-8-03 & FP-I0-03 - Final Development Plan and Final Plat for Brookwood Subdivision No. 10 Aries Development. LLC: Aries Development, LLc., represented by Mike Hormaechea, is requesting final development plan and final plat approval for Brookwood Subdivision Phase 10, a 22-lot (I8-buildable, 4-common) residential subdivision. This 15.82-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, Item 5C & 5D will be heard at the same time with two separate motions being made. Deckers introduces the item. Mike Hormachea, 1101 W. River St. , representing Aries Development. Mr. Hormachea presents the application for items 6 C & D. Page 3 of 5 K:\P&ZIMINUTESITemporary Minutes Work Area\PZ-09-08-03 min.doc Lowe reviews the staff report. Discussion regarding development in the floodplain, density, pathways, the pedestrian bridge and setbacks. Crook moves to FPUD- 7 -03 & FP-9-03 - Final Development Plan and Final Plat for Brookwood Subdivision No.9 inclusive of reduced setbacks of 20' of type B luxury lots in staff recommendation No 6. Seconded by Bloom. ALL AYE Discussion to clarify that this will affect front setbacks only and shall be reduced to 20'. Also there are no type A lots. MOTION CARRIES. Bloom moves to approve FPUD-8-03 & FP-I0-03 - Final Development Plan and Final Plat for Brookwood Subdivision No. 10 following changes. Staff recommendation no# 8 change the front setback on the type B lots to 20', delete condition no.ll., and delete condition #12 everything prior to the big words OR (including the word or). Seconded by Bandy. Deckers makes an alternate motion to deny FPUD-8-03 & FP-1O-03 - Final Development Plan and Final Plat for Brookwood Subdivision No. 10 on the basis that the lot configuration in the northeast comer of this plat has substantially more buildable lots than the preliminary plat and is therefore is therefore not consistent with the approved Brookwood planned unit development. Seconded by Crook. TWO AYE (DECKERS, CROOK)...TWO NA Y(BLOOM, BANDY) ALTERNATE MOTION FAILS. Discussion on original motion. Bloom amends her motion to leave the front set back as 25'. Second concurs with amendment. THREE AYE (BLOOM, BANDY, CROOK). ONE NAY (DECKERS)...MOTION CARRIES 6 PUBLIC HEARINGS: A. CU-9-03 - Smith's Eaele Chevron - Rick and Sandy Smith: Rick and Sandy Smith, represented by Rick Toews with BRS Architects, are requesting conditional use approval to allow a 960-square foot addition to the existing Smith's Eagle Chevron convenience store with fuel service. The 1.5-acre site is located on the west side of Eagle Road at 503 Eagle Road within the North Channel Center Subdivision. Deckers introduces the item. Deckers opens the public hearing. Rick Toews, with BRS Architects 1010 S. Allante St., representing Rick and Sandy Smith. Mr. Toews presents the application. Lowe presents the staff report. Sandy Smith, 503 S. Eagle Road, addresses issues regarding the awning placement. Feels the propane tank already has appropriate landscaping, the umbrella will be of the same materials of the awning. Comments on the emissions testing van, and its Page 4 of 5 K:\P&ZIMINUTESITemporary Minutes Work Area\PZ-09-08-03 min.doc placement and signage. No one from the audience chooses to speak to the issue. Toews states that the landscape plan that was originally submitted is what has been installed. Deckers closes the public hearing Discussion regarding landscape requirements and appropriateness of emission van slgnage. Bloom moves to approve CU-9-03 Smith's Eagle Chevron with the site specific conditions of approval, and that somehow we make a recommendation to city council and/or Design Review that they figure out a way to incorporate the red van to be used appropriately as a indication that business is open. Seconded by Deckers. Discussion. ALL A YE...MOTION CARRIES. Discussion regarding special meeting date for item 5A. Meeting to be held on September 29,2003 at 6:30 p.m. to discuss item 5A, and any other ordinary business that may need to be addressed. . The Joint meeting. if it is to be held, will begin at 7 :00 p.m. Bloom wishes to discuss the Meridian School district and a confrontation she had with one of their representatives. Discussion. 7. REPORTS: None 8. ADJOURNMENT: Deckers moved to adjourn at 10:40 p.m. Seconded Crook ALL A YE...MOTION CARRIES... RESPECTFULLY SUBMITTED: """""'" ~~~ "# ......~ Of EA(J~ "'" ~ ~ ..'...... ~~ ~ ~ ~. .~ ~ ~r":r.. .,ORAl'",.. -- ... ...,,~, v." ::0 \ic~ . 'ú . : . : _.- tl . : ~ . ~;:::.: :~. S1'"1I\.1Jo.: . .. . ... p r>- "". 0 :: \ ..t~ -(.~';.. ~ $ ~ J> ..~l?POR"'... . \'" .." "... l' ......q .." """ -1 Ì'E Of \\...." """......"" ' lß. f.t -+-u . 1L-11f &oK -- SHARbN K. MOORE CITY CLERKfTREAS URER APPROVED: ~ CHAIRMAN ýYz~ .3 A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL. Page 5 of 5 K:\P&Z\MINUTESITe¡qx>rary Minutes Work Area\PZ-09-O8-O3 mULdoc