Minutes - 2003 - Planning & Zoning - 11/24/2003 - Regular
ORIGINAL
EAGLE PLANNING AND ZONING COMMISSION
November 24, 2003
6:30 PM
The Planning and Zoning Commission met in regular session on November 24, 2003
Chairman Deckers presiding,
1.
CALL TO ORDER:
2.
ROLL CALL: The following members were present LIEN, BANDY,
DECKERS, CROOK, GLA V ACH. A quorum is present.
3.
CONSENT AGENDA:
A. Minutes of November 3, 2003
B. Findines of Fact and Conclusions of Law for RZ-6-03/CU-IO-03/PPUD-
~-6-03 - Wi!!!!ine Creek Planned Unit Development - Salmon
Point Development LLC: Salmon Point Development LLC, represented by
Ron Bath, is requesting a rezone from C-2 (General Business District) to
MU-DA-P (Mixed Use with development agreement and PUD) for
conditional use permit, preliminary development plan, and preliminary plat
approvals for Winding Creek Subdivision, a residential/commercial planned
unit development. A l7.43-acre portion of the development consists of an
89-lot (59-residential, l7-commercial, 13-common) subdivision, with the
remaining 3.93-acres (Lot 1, Block 3) to be subdivided at a later date. The
site is located on the north side of State Street approximately 1O0-feet east
of Palmetto A venue at 988 State Street.
C. V AC-5-03 - Vacatfon to the fina~ plat of Creiehton Heiehts Subdivision
- Mark and Heidi Tidd: Mark and Heidi Tidd are requesting a vacation to
the final plat of Creighton Heights Subdivision to remove an Ada County
Highway District right-of-way. The 30-foot wide by 392-foot long un-
opened right-of-way is located along the western lot line of Lot 10, Block 1,
of Creighton Heights Subdivision.
Deckers moves to approve the minutes of November 3, 2003 as amended.
Seconded by Bandy. ALL A YE...MOTION CARRIES.
Deckers moves to approve 3B with two corrections as stated. Seconded by Bandy.
ALL A YE...MOTION CARRIES.
Jeff Lowe, City Staff stands to address questions by Commissioner Deckers regarding
the vacation application. Discussion on requiring an easement for a pathway. Add the
condition it requires acceptance from the fire department.
Bandy moves to approve V AC-5-03 - Vacation to the final plat of Creighton
Heights Subdivision - Mark and Heidi Tidd with a recommendation that the fire
department review the length of the road. Seconded by Crook. ALL
Page 1 of 5
K:\P&Z\MlNUTESITemporary Minutes Work Area\PZ-11-24-03 min.doc
A YE...MOTION CARRIES.
4. OLD BUSINESS:
5. PUBLIC HEARINGS:
A. CU-ll-03/PPUD-4-03/Pr-7-03- Savbrook Villaee Planned Unit
~opment - N.JN. LLC: NJN, LLC, represented by Land Consultants
Inc., is requesting a conditional use pennit, preliminary development plan
and preliminary plat approvals for Saybrook Village Subdivision, a
residential/commercial planned unit development. The 19.58-acre
development consists of a l6-lot (8-residential, 5-commercial, 2-common
I-church) subdivision. The site is located on the south side of West State
Street approximately 3/4 mile west of Eagle Road at 1161 West State
Street. (This item was continued from the November 3,2003, Planning &
Zoning meeting).
Deckers introduces the item.
Mark Butler, 52 N. 2nd Street, Eagle, with Land Consultants representing the applicant
presents the application. Mr. Butler gives a brief history of the development of the
property. Mr. Butler comments on several of the site specific conditions of approval,
specifically # 19, #25, #32 & #33
Jeff Lowe, City Staff, presents the staff report.
Mr. Lowe speaks of the major elements regarding this application and also addresses
the applicants concerns on the four site specific conditions.
Deckers opens the public hearing.
Shawn Nickels, 52 N. 2nd Street, Eagle, stands to discuss what the Parks & Pathway
Committee recommended for the pathway at the meeting when they discussed this
application.
Jim Chadick, representing Ashley Manor Assisted Living Facility, discusses the type of
residence that this will be and also discusses the entrances for the building and the
parking requirements,
Mark Butler stand to provide rebuttal. Mr. Butler addresses the ditch and states that they
will tile this if necessary. Mr, Butler also discusses the shared parking agreement with
the Church.
Discussion amongst Mr. Butler and the Commissioners regarding the floodplain, the
floodway and set backs for both of these areas. Discussion on the private road versus a
public road and why the applicant feels this is necessary.
Lowe, stands to address the 600-foot cul-de-sac.
Discussion on alternate means of compliance.
Discussion on the required set backs.
Shawn Nickels stands to address Deckers question on the 15 foot wide easement versus
Page 2 of 5
K:\P&ZIMINUTESITemporary Minutes Work Area\PZ-11-24-OJ mindoc
the 20 foot wide easement.
John Ord, Administrator for the Nazarene Church stands to address Deckers question on
extending the pathway through the church property.
Deckers closes the public hearing.
Glavach is familiar with the property and believes that we need to work within the site
constraints to approve this application.
Crook disagrees with Glavach and does not feel that we have a responsibility to the
applicant as we have setbacks for a reason. Does not like the fact that we are making a
justification because of the applicants financial situation. The economics does not
warrant a change to city code. However, Crook would like to see the church acquire
additional property from the applicant. Perhaps reducing the number of buildings they
could find a way to make this application work
Deckers likes the micro pathways through out the development. The application fits in
with the church site. Deckers would like to save the Walnut Tree so feels that a private
road fits in this commercial project.
Bandy agrees that this is a well planned community and a good example of an in fill
development. Would rather see 6 lots versus the 8 residential lots proposed. Also, would
like to see the pathway extended at this time.
Lien, does have a concern about the residential lots and would rather see fewer lots. Is
glad the berms are required along Highway 44 to mitigate the sound and the visual
element. This is a very well planned development.
Changes and additions to the site specific conditions of approval;
.
#2, add "except that the full length of Saybrook Drive will be constructed as a
private road"
# 17, leave as 20-foot. Add, City Council may consider not constructing the section
between the Ballantyne Ditch and Highway 44 and leaving it as an easement at this
time if the Nazarene Church agrees to that condition.
#19, add "unless specifically reviewed and approved by the city arborist".
#25, add the city may consider an alternate means of compliance, such as a berm
directly to the south of lot 12,13 & 14 and add additional landscaping along
Highway 44.
#32, leave as is but add, "an exception being 15 feet shall be maintained between lots
3 & 4 block I". One comer of lots 5 & 6 could be within a minimum of 5-feet of the
roadway easement. But the average set back of these buildings shall be a minimum
of 10 feet. Orient these building as shown on the application.
#33, The maximum building lot coverage for lot 3 & 4 block 1 are committed to be
60% and strike the maximum coverage for lot 4.
#37, one property owners association would be responsible for the entire site. c.c.
&R's shall address this
Where it says Saybrook Village Homeowners Association it should say "Saybrook
Property Owners Association".
.
.
.
.
.
.
.
Page 3 of 5
K:\P&Z\MINUTESITemporary Minlltes Work Area\PZ-l [-24-03 min.doc
.
#39 change to Saybrook Property Owners Association
Strike #40
#41 & 42 change to Saybrook Property Owners Association
#43 strike
add "All building shall have a first finished floor elevation at 2 foot BFE regardless
of if they are in the floodplain or not".
Make 6 residential lots instead of 8
Design Review shall consider the fencing near buildings #3 & 4
In Lot 15, the use will be limited to the use as a church and ancillary uses only
.
.
.
.
.
.
.
Deckers moves to approve CU-ll-03/PPUD-4-03/PP-7-03- Saybrook Village
Planned Unit Development - NJN, LLC with staff recommendation and the
changes and additions to the site specific conditions of approval as noted above.
Seconded by Bandy. FOUR A YE...ONE NAY (CROOK)...MOTION CARRIES
(Crook states he would have considered approval with the reduction of
commercial and residential which would mitigate the concession for set backs and
private roads)
B. ~PUD-5-03 - Windine Creek East Planned Unit
Development - Southers Properties: Southers Properties is requesting a
conditional use permit and preliminary development plan approval for
Winding Creek East, a 47-lot (46-residential, I-common) residential
planned unit development. The 3.9-acre site is located approximately 500-
feet north of State Street and approximately lOOO-feet east of Palmetto
A venue.
David Southers, 1401 Shoreline Drive Boise, the applicant presents the application.
Mr. Southers states that the adjacent and similar application, Winding Creek
Subdivision was heard by Planning & Zoning at the last meeting.
Phil Hull, 128 S. Eagle Road, with the Land Group, provides additional information
and a revised preliminary plat that shows the additional access onto Hill Road. Mr.
Hull has concerns and comments on site specific conditions #5 & #19.
Jeff Lowe, City Staff presents the staff report and addresses the letter received from
Holladay Engineering on November 23,2003.
Deckers opens the public hearing.
Mr. Southers provides a rebuttal.
Mr. Lowe clarifies sse #5 it should be along Winding Creek Road instead of State
Street.
Deckers closes the public hearing for written testimony until 4:30 p.m. Monday
December 1, 2003
Crook moves to continue CU-12-03/PPUD-5-03 - Winding Creek East Planned
Unit Development - Southers Properties until December 1, 2003. Seconded by
Page 4 of 5
K:\P&ZIMINUTESITemporary Minutes Work Area\PZ-11-24-03 min.doc
Bandy. ALL A YE...MOTION CARRIES.
6.
NEW BUSINESS:
A. Election of new Vice-Chairman
not el.d d((:S5~d
=>'-'D
7.
REPORTS: None
8. ADJOURNMENT: Glavach moved to adjourn at 10:30 p.m. Seconded by
Bandy. ALL AYE...MOTION CARRIES...
RESPECTFULLY SUBMITTED:
" ,........,
~~~ '"
'O.." ~ OF E<,,\ "I.
..'O" ... ~ ........ () Þ ~#..
.: ,. ~ . .. ~...... "'..
.: v... ..,yOP ~ ...v '='
: : r . " ..~ ~
.' . ~ .
. . . .
;*: :*!
; ~ ,< -;:::~ :
~'. '._'~: ¡
~Û")....'/I "."\<;<:)...~O,:
~.,.' ". ; ,.' .:'
, -1 w.o." ~ ..
'",., 1'E: 0 F \~ ~~..~'O"
"."II"""'~
lA (,~~ q - ~ 2lJ-~
'-SHARON K. MOORE
CITY CLERKfTREAS URER
APPROVED:
-~
'" ; - - DECKERS
CHAIRMAN
1- ~o?
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT
CITY HALL.
Page 5 of 5
K:\P&ZIMINUTESITemporary Minutes Work Area\PZ-11-24-03 min.doc