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Minutes - 2004 - Planning & Zoning - 05/24/2004 - Regular ORIGINAL EAGLE PLANNING AND ZONING COMMISSION May 24, 2004 6:JO PM The Planning and Zoning Commission met in regular session on May 24, 2004 Chairman Bandy presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present LIEN, BANDY, DECKERS, GLA V ACH. Absent; Crook. A quorum is present. CONSENT AGENDA: A. Minutes of May 17, 2004. Deckers moves to approve the Consent Agenda of May 17, 2004 as presented. Seconded by Lien. ALL A YE...MOTION CARRIES. 4. OLD BUSINESS: 3. 5. PUBLIC HEARINGS: A. A-J-O4/RZ-J-O4/CU-J-04/PPUD-I-04/PP-J-O4 - Shadow Ridee Planned Unit Development - Hillview Development. Corp.: Hillview Development, Corp., represented by Land Consultants Inc., is requesting an annexation and rezone from RUT (Rural Urban Transition) to R-4-P (Residential up to four units per acre and PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Shadow Ridge planned unit development. The 39.46-acre, 144-lot (122-buildable, 22-common) residential subdivision is located west of Horseshoe Bend Road at 10711 through 10867 Horseshoe Bend Road and 10943 through 11053 Horseshoe Bend Road. (This item was continued/rom the May 10, 2004, Planning & Zoning Meeting). Bandy introduces the item. Mark Butler, 52 N 2nd Street, representing the applicant presents the application. Jeff Lowe, City Staff presents the staff report. Bandy opens the public hearing. Donna Westin, 10815 Horseshoe Bend Road, Boise. Ms. Westin came in for a rezone application about a year ago. Concerned about the number of houses bordering her parcel and is concerned about fencing. Is also concerned about the irrigation issues. Also, is concerned about loosing her landscaping. She states that there are connectivity issues with this proposal. Some of her trees hang over onto adjoining parcels and she does not want to loose any of these. Ms Westin is also concerned about the proposed setbacks. Ms. Westin is also concerned about being forced into annexation. She currently is licensed to run a business out of her home and is not willing to be forced Page 1 of 4 K:\P&Z\MINUTES\Temporary Minutes Work AreaIPZ-Q5-24-04 min.doc into annexation. Also, her survey is 26 feet different from the applicant's survey as they are using a highway marker. Currently the neighbors are 26 feet over onto her property. They have been using the highway markers instead of the state markers. She would like this application tabled until the discrepancy is worked out with the property dispute. Diana Molenar, 10845 Horseshoe Bend Road. Ms. Molenar is one of the existing residences that will not be moving. Ms. Molenar requests this application be approved. Ms. Molenar reads from a prepared statement in support of this proposal. She states that this fits in with Eagles Comprehensive Plan. Jim Merkle, with Hillview Development on Aikens Road in Eagle. Mr. Merkle needs the flexibility of a PUD for the setbacks. Jim Chovan, Bippy Lane in Addies Corner Subdivision. Mr. Chovan states that the setbacks will impede future views of the homeowners in Addies Corner. Would like to see more common area within this subdivision. Mark Butler stands for rebuttal. Does not want this subdivision compared with Addies Corner as they are not similar at all. States that they will be putting in the curb and gutter. Mr. Butler also states that they were given guidance from City Staff on whether they should submit two applications for this and was told that one application would work. Would like the civil matter between the two property owners left out of the conditions for this application. Discussion between Deckers and Butler. John McFadden, City Attorney addresses the issue of the civil matter on the property dispute and how this affects subdividing this property. Discussion amongst the Commissioners. Bandy would like to see additional common area in the northern area. Lien likes the idea of possibly getting some more affordable housing units in Eagle. Glavach also has concerns about the northerly area not having enough common space. Deckers states that he did not initially feel that this could be considered a PUD but he has changed his mind now. He is still concerned about the set back issue and would like some more reconsideration in this area. Deckers moves to continue A-J-04/RZ-J-04/CU-J-O4/PPUD-I-O4/PP-J-O4- Shadow Ridge Planned Unit Development - Hillview Development, Corp application to address the following items; . Better transition to the Westin Property. . Classification of only a few lots having the special set backs and the preliminary plat show specific home lots that would be applicable for the special setbacks. . Some more consideration for how homes may set back from the horse pasture, more specific details. A reconsideration on the set backs to Highway SS and Horseshoe Bend Road, some past examples of specific subdivisions which use different interpretation of the set backs. Page 2 of 4 K:\P&ZIMINUTESITemporary Minutes Work AreaIPZ-OS-24-04 min.doc . Some consideration for tot lots in the northern section. Seconded by Bandy. Discussion. Deckers asks staff to address what effect the disputed 26 foot wide land area along the northern boundary of the Westin property will have on the configuration of the lots and other features of the development. (the aforementioned text is paraphrased from the tape for clarification) ALL A YE...MOTION CARRIES. This item will be heard on June 14, 2004, the public hearing will remain open. Bandy calls a break at 8:35 p.m. A. PPIFP-I-04 - S dne and Reese Subdivision - Mar aret ones: Margaret Jones, represented by George Transtrom with Heartland Construction, LLC, is requesting combined preliminary plat and final plat approval for Sydney and Reese Subdivision, a re-subdivision of Lot 17, Block 3, of Merrill Subdivision No.2. The 1.04-acre, 2-lot commercial development is located south of East Plaza Drive, at 781 East Plaza Drive. (This item was continued from the May 10,2004, Planning & Zoning Meeting). The applicant has requested that this item be removed from the agenda and continued until a future date. Bandy moves to continued PPIFP-I-04 - Sydney and Reese Subdivision- Margaret Jones to the July 6, 2004, Planning & Zoning Meeting. Seconded by Glavach. ALL AYE.. .MOTION CARRIES. 6. NEW BUSINESS: A. FPun-3-04 & FP-5-04 - Final Development Plan and Final Plat for Windine Creek Pun Subdivision - Salmon Point LLC: Salmon Point LLC, represented by Ron Bath, is requesting final development plan and final plat approval for Winding Creek Subdivision, an 85-lot (58-residential, 17-commercial, lO-common) commercial and residential PUD subdivision. The 15.3-acre site is located on the north side of State Street approximately loo-feet east of Palmetto Avenue at 988 State Street. Bandy introduces the item Phil Hull with the Land Group, 462 E. Shore Drive, is representing the application. Mr. Hull has an issue with site specific condition #4, vertical curb verses rolled curb. Mr. hull discusses the sidewalks on Arrow Creek Lane and why they are proposing 4 feet sidewalks instead of 5 foot sidewalks. On site specific condition #5 they would like to change the wording from building permits to occupancy permits. Jeff Lowe, City Staff presents the staff report. Phil Hull stands to address the width of the sidewalks. Page 3 of 4 K:\P&ZIMINUTESIT""""rary Minutes Work AreaIPZ-OS-24-04 nún.doc More discussion on changing the wording from building pennit to occupancy pennits. Deckers moves to approve FPUD-J-04 & FP-5-04 - Final Development Plan and Final Plat for Winding Creek PUD Subdivision - Salmon Point LLC with staff recommended conditions of approval with the following changes to the site specific conditions of approval; . #4 on page 2 of 4, change 6 inch vertical curb to 4 inch rolled curb. Also, on page J of 4, strike from "construct 6 in vertical curb with gutter and 5 foot wide sidewalk..." add "6 inch vertical curb will be constructed in the parking areas transitioning to a 4 inch gutter curb". . Add conditions for staff recommendations for the 5 foot wide concrete sidewalks. . #5 change State Street East to State Street West . Add new site specific condition #16, extend the northeast center strip in line to the northeast portion of Plaza Drive - note to City Council - that we are making this recommendation in absence of having the road intersection identified. Seconded by Glavach. ALL A YE...MOTION CARRIES. 7. REPORTS: Discussion on up corning meetings 8. ADJOURNMENT: Deckers movt:d to adjourn at 9:45 p.m. Seconded by Bandy. ALL A YE...MOTION CARRIES... RESPECTFUIL Y SUBMfITED: APPROVED: ~"'U"""" ~..., OF £<4, "'" J.""r;;~ ...... 0 ~ ~##,,- " ,.~ ". ~ ~ . '"' ~yOR...» .. ~ I CJO ~ ., ~ . . * . : * . _.- . : . , -. .. '\ ~ SEAL~¡ i "..(\0 :Q.. 0 ~ ~ d>~ ..fÞOR~~.. ~ ~ "',,-"~ ....... ~.." "'##," 'l'E; OF \'9....~...." ""II......'" lQ (. -L<J--- k ,~ -SHARON K. BERGMANN CITY CLERKffREASURER &. (~-J~ PHIL BANDY , CHAIRMAN A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL. Page 4 of 4 K:\P&ZIMINUTES\Te~rary Minutes Worlc AreaIPZ-OS-24-04 min.doc • EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject A-3-04/RZ-3-04/CU-3-04/PPUD-1-04/PP-3-04 — Shadow Ridge Planned Unit Development — Hillview Development, Corp May 24, 2004 6:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? l nsZgs 1So Qse s 3S y coB 3 v 1 /0A „pc s Nrrsesi f & O ac.i`sc c3p,V3 V tDietie/We (vjazii,jzivii,, /A/c/756 i&--/s41 Page 1 of 2