Minutes - 2003 - Planning & Zoning - 10/06/2003 - Regular
ORIGINAL
EAGLE PLANNING AND ZONING COMMISSION
October 6, 2003
6:30 PM
The Planning and Zoning Commission met in regular session on October 6, 2003
Chairman Deckers presiding.
1.
CALL TO ORDER:
2.
ROLL CALL: The following members were present BLOOM, DECKERS,
CROOK, GLA V ACH. Absent: BANDY A quorum is present.
3.
CONSENT AGENDA:
A. Minutes of September 29,2003
Bloom moves to approve the minutes as presented. Seconded by Glavach. ALL
A YE...MOTION CARRIES.
4. OLD BUSINESS: None
5.
PUBLIC HEARINGS:
A. A-3-03/RZ-4-03 - Douelas Carnahan: Douglas Carnahan, represented by
David Bailey, P.E. with Bailey Engineering, is requesting a rezone upon
annexation from RUT (Rural Urban Transitional - Ada County
Designation) to R-E (Residential Estates - up to one dwelling unit per two
acres). The 30.72-acre development is located approximately IA mile east
of Eagle Road and south of Beacon Light Road, at 657 E. Beacon Light
Road.
Commissioner Bloom asks City Attorney, Chris Yorgason if she needs to recuse herself
from this application as she knows the applicant and has done business with this
applicant. Commissioner Bloom does not think there is a conflict and will not recuse
herself.
Deckers introduces the item. Both items will be heard together with separate motions.
Douglas Carnahan the applicant presents the application. Mr. Carnahan has used this
land for a wholesale tree nursery and will know longer need this land.
Davis Bailey with Bailey Engineering, 1117 E Plaza Drive, Eagle. Representing the
applicant presents additional information using a Power Point Presentation.
Jeff Lowe, City Staff presents the staff report. Lowe briefly discusses the site specific
conditions of approval.
Commissioners discuss septic system requirements.
Deckers opens the public hearing.
Christine Nicholas, 630 Los Luceros, Eagle. Ms. Nicholas lives on the south side of
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Los Luceros, and not within 300 feet so did not attend the meeting that was held by the
developer. Ms. Nicholas does not feel that this zoning designation would be
compatible with the Los Luceros subdivision. Would like this development to become
an A-R zone. The A-R zone would further the goal of proving wildlife in the area.
None of the goals of the Comprehensive Plan are met in this zoning request.
Vie Hoffstetter, 1098 Los Luceros Drive, feels that this subdivision is to dense. It is not
in character with what is existing. States that the intent of this area was to keep it five
acre parcels.
Mike Griffiths, 1000 Los Luceros Drive, abuts the proposed subdivision. Has lived in
this area for numerous years. Bought in this area for the rural feel. Is concerned about
the increased traffic and safety issues because of the increased traffic. Would not object
to this becoming a 5 acre development but is against the R-E zone. Is also concerned
about the increase to the drain fields and what this will do for the existing wells and
septic systems.
Arlene Griffiths, 1000 Los Luceros Drive, corrects her husbands statement that this area
was originally zoned 5 acres from Beacon Light, it should be north of Floating Feather.
Bart Jackson, 9154 Los Luceros, uses his property for recreation such as camping,
soccer, and star gazing. States that septic is currently a problem.
Jim Row, 1044 Los Luceros, would like to second his neighbors statements. Is also
opposed to the increased density.
Jack Depper, 801 Los Luceros, there is an incompatibility in the size of the lots with his
subdivision.
Dana Hoffstetter, 1098 Los Luceros Drive, This application is opposed as it does not fit
in with the rest of Eagle and the reason that people have moved here, which is the rural
feel. This increased zoning will put additional impact on all the schools. Also does not
want to listen to the noise from the irrigation pump. Would rather see a five acre
subdivision at this location.
David Bailey stands for rebuttal. Mr. Bailey addresses the concerns for the septic
systems. Discussion. Discussion on irrigation ponds and the potential for mosquito
problems. Mr. Bailey addresses the irrigation pump noise and the increase in traffic
levels.
Deckers calls a break at 8:00 p.m.
Lowe stands to address Deckers question regarding the outflow parcel and if providing
frontage to the parcel makes it a conforming use or not.
Discussion on requiring the five foot wide sidewalk
Commissioners ask questions of Staff.
Deckers closes the public hearing.
Commissioner Glavach is concerned about the septic systems.
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Commissioner Crook would like to see more of a transition between the proposed
subdivision and the existing Los Luceros subdivision, perhaps 3 to 4 acre lots. In
regards to the septic system use would like City Council to consider the size of the
property when determining septic system use. Place high standards on the lighting.
Would prefer to see this developed with lower densities.
Deckers asks what is fair and what is arbitrary? One of the biggest issues is the use of
septic systems and also how deep the neighboring wells are. Is pleased with the layout
of the proposed subdivision. In terms of appropriate uses the only real concerns Mr.
Deckers has is with the use of septic systems.
Bloom is also concerned about the use of septic systems. Would hope the dark sky
issue is addressed. Does not feel that the irrigation pond will be a problem and the
noise from the irrigation pump can be mitigated.
Mr. Carnahan stands to address the question on if they can have the nursery operation
removed from the site within 120 days?
Lowe addresses the question on if the trees all need to be removed within this time
frame.
Deckers moves to approve A-3-03/RZ-4-03 - Douglas Carnahan, with the staff
recommended site specific conditions of approval, with the following addition;
That the City understands that some trees will remain on site longer than 120 days
and these trees can be used for commercial purposes off site. Seconded by Bloom.
ALL A YE...MOTION CARRIES.
B. PP-5-03 - Oakhaven Subdivision - Douelas Carnahan: Douglas
Carnahan, represented by David Bailey, P.E. with Bailey Engineering Inc.,
is requesting preliminary plat approval for Oakhaven Subdivision, an 18-lot
(14-buildable, 4-common) residential subdivision. The 30.72-acre
development is located approximately 1,4 mile east of Eagle Road and south
of Beacon Light Road, at 657 E. Beacon Light Road.
Mr. Carnahan stands to respond to the question of extending the landscape plan to help
the lots transition between the two subdivisions
Deckers moves to approve PP-5-03 - Oakhaven Subdivision - Douglas Carnahan
with the following changes;
Sse #3 Strike the word construct and replace with "provide an easement for"
Ssc #11 strike 3 inch minimum and replace with "appropriate size as determined
by the City Arborist"
Sse #12 after All living trees; excluding those that are part of the wholesale
nursery business.
Sse #17 the irrigation pump fitted with a quiet pack and if installed above ground
must be located in an insulated enclosure to mitigate noise.
Ssc #24 Add words; shield lights from projecting horizontally
Sse #13 The landscape plan shall be enhanced to show trees on the east and south
of Los Luceros
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Add Sse #27 CC& R's shall prohibit lighting from projecting upward and
horizontally
Seconded by Glavach. Discussion. THREE A YE...ONE OPPOSED (Crook)
because of the impact on the schools and the quality of life in Los Luceros it would
be better to transition this subdivision ...MOTION CARRIES.
C. RZ-5-03 - Rezone from A-!l to R-~ames Wood: James Wood,
represented by Land Consultants, Inc., is requesting a rezone from A-R
(Agricultural-Residential, up to one dwelling unit per five-acres) to R-E
(Residential-Estates, up to one dwelling unit per two-acres). The 5.4l-acre
site is located on the north side of State Highway 44 approximately Y2 mile
east of North Park Lane at 3300 W. State Street.
Deckers introduces the item
Mark Butler, 52 N. 2nd Street, Eagle. Representing the applicant presents the
application. Mr. Butler discusses the reasons for Staff's denial of this application.
Jeff Lowe, City Staff presents the staff report.
Deckers opens the public hearing.
Shelly Brock lives on lot #5 directly west of the proposed rezone. Ms. Brock is not
opposed to the rezone and lot split. This will not impact her property.
Mark Butler provides a rebuttal. Mr. Butler address the transportation plan
Deckers closes the public hearing.
Discussion amongst the Commission
Crook moves to deny RZ-5-03 because of staff recommendations Motion dies for lack
of a second.
Deckers moves to deny RZ-5-03 - Rezone from A-R to R-E - James Wood with
the reasoning presented by staff. The most significant reason is because we do not
want additional homes fronting State Street. Seconded by Bloom. ALL
A YE...MOTION CARRIES.
D. PP/FP-2-03 - Kolander Subdivision - Buddv D. Kolander: Buddy D.
Kolander is requesting combined preliminary plat and final plat approval
for Kolander Subdivision. The 9.64-acre, 4-lot residential subdivision is
located at 1260 Rush Road. (This item was continued from the September
15, 2003 Planning & Zoning meeting, This item will be continued to the
October 20, 2003 Planning & Zoning meeting).
6-
7.
NEW BUSINESS: None
REPORTS: None
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8. ADJOURNMENT: Bloom moved to adjourn at 10:15 p.m. Seconded by
Crook. ALL A YE...MOTION CARRIES...
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RESPECTFULLY SUBMITTED:
APPROVED:
~-
~---STEVE ECKERS
CHAIRMAN
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT
CITY HALL.
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