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Minutes - 2004 - Planning & Zoning - 06/28/2004 - Regular ORIGINAL EAGLE PLANNING AND ZONING COMMISSION June 28, 2004 6:30 PM The Planning and Zoning Commission met in regular session on June 28, 2004 Chairman Bandy presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present BANDY, DECKERS, CROOK, GLA V ACH. Absent; LIEN. A quorum is present. CONSENT AGENDA: A. Minutes of June 14, 2004. Deckers moves to approve the Consent Agenda as presented. Seconded by Crook. THREE AYE (DECKERS ABST AINED)...MOTIONCARRIES. 4. OLD BUSINESS: None 3. 5. PUBLIC HEARINGS: A. A-4-04 & RZ-6-04: The applicant is requesting approval of an annexation and rezone from RUT, R4 & R-l (Residential) to A-R-DA, R-2-DA, R-3-DA (Residential), C-I-DA (Commercial), & PS (Public/Semi-Public) with individual annexation/development agreements. (Staff requests this item be continued to the July 19, 2004, Planning & Zoning Meeting) Bandy introduces the item. Jeff Lowe, City Staff explains the need to continue this item. Deckers moves to continue A-4-04 & RZ-6-04 to the July 19, 2004 meeting. Seconded by Crook. Discussion. ALL AYE... MOTION CARRIES. B. CPA-3-03/RZ-8-03 - Comprehensive Plan Amendment from Residential One to Commercial and Mixed Use and Rezone from A-R to C-2-DA and MU- DA- Park Hampton. LLC.: Park Hampton, LLC, represented by Land Consultants, Inc., is requesting a Comprehensive Plan Amendment to change the land use designation on the Comprehensive Plan Land Use Map from Residential One (up to one dwelling unit per acre) to Commercial and Mixed Use, and a rezone from A-R (Agricultural-Residential-up to one dwelling unit per five acres) to C-2-DA (General Business District with Development Agreement) and MU-DA (Mixed Use with Development Agreement). The site (Lots 1 and 2, Block 1, & Lots 1, 2, 4, 5, 6, 8, & 9, Block 2, of Flint Estates Subdivision) is located on the northeast comer of Park Lane and West State Street, at 3950, 3450 & 3300 West State Street, 3415, 3855, and 3850 West Flint Drive, and 312 North Park Lane*. (This item was continued from the May 17, 2004 Meeting) Bandy introduces the item. Jeff Lowe, City Staff addresses the reason for asking this item to be continued. To insure timing of these approvals does not hinder the timing for the area of impact expansion. After the joint workshop to be held tomorrow night staff will have a better idea of the timeframe for Page 1 of 6 K:\P&Z\MINUTESITCO1JO'"'Y Mmu.., Work AreaIPZ-06-28-04 min.doc going ahead with these applications Deckers asks that public testimony be allowed tonight for items 5B & 5C. Mark Butler 52 N 2nd Street. Mr. Butler stands to address the Commissioners on what previously was heard at the meeting on May 17, 2004. Mr. Butler speaks to another land owner's reason for pulling out of this application. Elliott Weiss, 3660 Flint Drive. Mr. Weiss representing the other homeowners in Flint Estate explains what they would like to see in this area, states they are not against the concept but they are against the density. John Wood, the applicant for Park Hampton speaks to the discussions that he has been having with the neighbors. Mr. Wood also discusses the access to the Eagle Island State Park which would be directly across from his access into mixed use. Mr. Wood states that he will have a traffic study done before the next meeting if it is feasible. Discussion on the lot and home sizes. Elliott Weiss stands again to address the density. Mr. Weiss states that they are against the body shop idea due to noise and paint fumes Tom Phister 3605 Flint Drive. Mr. Phister is confused as he has not seen the latest conceptual map and is concerned about his irrigation. How will the applicant be able to provide water to him if he places buildings over the ditch line? Melinda Seivers, 3390 W Flint Drive. Is in agreement with Mr. Weiss. Ms. Seivers clarifies that she prefers residential one zoning for this area. Is concerned about the quality and class of Flint Estates. Is also against the idea of a body shop due to the noise and fumes. Matt Siren, 3391 Flint Drive. Is in agreement with the one acre zoning and is in opposition to the mixed use area that extends into the residential portion of Flint Estates. Is also concerned about irrigation. Mark Butler stands for rebuttal. Deckers comments on the development stage and when water needs will be met. Discussion. Bandy moves to continue this item until the August 16. Motion Dies for lack of a second. Deckers move to continue CPA -3-03/RZ-8-03 - Comprehensive Plan Amendment from Residential One to Commercial and Mixed Use and Rezone from A-R to C-2-DA and MU-DA- Park Hampton, LLC to the August 2, 2004 meeting. Seconded by Crook. ALL A YE...MOTIONCARRIES. C. CPA-I-04IRZ-4-04 - Comprehensive Plan Amendment from Residential Two to Mixed Use and Rezone from RUT and A-R to MU-DA- La2Una Pointe. LLC: Laguna Pointe, LLC, represented by Land Consultants, Inc., is requesting a Comprehensive Plan Amendment to change the land use designation on the Comprehensive Plan Land Use Map from Residential Two (up to two dwelling units per acre) to Mixed Use, and a rezone from RUT (Rural Urban Transition - Ada County designation) and A-R (Agricultural-Residential-up to one dwelling unit per five acres) to MU-DA (Mixed Use with Development Agreement)*. The 12.42-acre site is located on the east side of Eagle Road, at 2260 South Eagle Road. (This item was continuedfrom the May 17, 2004 Meeting) Page 2 of 6 K:\P&ZIMINUTES\T~nuy Minutes Work An:aIPZ-06-28-04 min.doc Bandy calls a recess at 7:50 p.m. Bandy introduces the item. Mark Butler 52, N 2nd St. representing the applicant presents the application. Mr. Butler shows the concept plan that was just approved by the City Council last week and provides a brief history of this application. Mr. Butler explains the compatibility issues between this application and the Lakemoor application to the south. End of tape 2 Steve Bradbury, 215 W Hayes Boise, an Attorney representing the applicant, Dennis Baker who has the adjacent application for Lakemoor. Their concerns are with the mixed use area. With the use of an overhead he shows the two developments in regards to their connectivity. Deckers asks to see the stub street location when this is presented again. Dan Torfin representing Mr. Baker adds clarification on this application and how they can work together and provide compatibility Julie Testital, 552 East River Quarry Court in Island Woods Subdivision. Would like to see this stay all residential. Is concerned about the large restaurant facility, but noise is their biggest concern. Dave Zenecki, 336 East Quarry Drive, Island Woods. Does not want to see this section of Eagle Road compromised by the set backs. Jodi Zenecki, 336 East Quarry Drive, Would like no restaurant in this area. Nothing that would contribute to more noise. Dennis Baker, 250 S Beechwood, Boise. Addresses the concerns about buffering. Mr. Baker states that the compatibility issues are great. There is a safety issue and buffering should be considered as a major element. Shannon Cook 2260 Eagle Road. Mr. Cook is one of the developers of this proposal. Mr. Cook states that they are more than willing to work with Mr. Baker and the development to the south. They will do what ever they can to comply with noise levels. Mr. Cooks state that there are no concerts going to take place here and there never will be. Mark Butler stands for rebuttal. Mr. Butler points out a miss view of the map that was used by the Lakemoor applicants to show how they connect. Crook moves to continue this to the August 2, 2004. Seconded by Deckers ALL A YE...MOTION CARRIES D. CU-4-04 - Nursin2lConvaiescent Homes (Assisted Livin!! Facilities) - Ashley Manor Properties LLC.: Ashley Manor Properties LLC, represented by Roger L. Maim. is requesting conditional use approval to construct two (2) fifteen-bed nursing home (assisted living) facilities. The .77-acre site is located on the northeast comer of the intersection of West State Street and North Story Book Way. Bandy introduces the item. Mark Butler, 52 N. 2nd St., representing the applicant presents the application. Jeff Lowe, City Staff presents the staff report. Discussion on setbacks. Bandy opens the public hearing Page 3 of 6 K;\P&z\MINUTES\Te_rary Minutes Work AreaIPZ-06-28-04 min.doc Martin Pearson, 271 N. Storybook Way. Concerned about the amount of density a 30 bed facility will require staff and does not think there is enough parking. Bill Cohen, 349 W State St. Mr. Cohen lives directly across the street. Mr. Cohen is in favor of this application. He is concerned about the lateral ditch that runs along side this development. He is in harmony with the applicant on this issue. He would like to be notified of all applications in the future so there is no conflict. Dave Roylance, 150 Storybook Way. Not opposed to the land use but would like to see more work done on the site plan. Would like to know more about the facility and its intensity. Is concerned about the lightning and does not want bright lights that intrude into the neighborhood. Steve Osland, 256 N Storybook Way, is concerned about the parking. Jeff Lowe stands to address the amount of parking Mark Butler stands to provide rebuttal. Roger Malm, 11906 W Canyon Dr. Boise, the applicant provides additional information on an assisted living facility. Bandy closes the public hearing. Deckers states that this will be a fantastic fit for this area. Bandy and Glavach agree with Deckers, this will be a good use. Crook would like to enforce the 20 foot setback. Deckers moves to approve CU-4-04 - Nursing/Convalescent Homes (Assisted Living Facilities) - Ashley Manor Properties LLC with staff recommendations with the following changes and additions to the site specific conditions of approval; Ssc #2, have the additional option of an average 15 foot set back with any portion of the building no less then 10 foot set back. Add new site specific condition, per applicant's suggestion this development shall be conditioned to single story building Add a condition for sign off from the Downtown Eagle Lateral Association on the irrigation lateral. Condition appropriate light shielding to be addressed by Design Review. Seconded by Glavach. ALL A YE...MOTION CARRIES. Bandy calls a brief break at 10:15 p.m A -5-04/RZ-S-04/CU -5-04/PPUD- 2-04/PP-4-04 - OPtimist Business Park Planned Unit Development - Jade. LLC.: Jade LLC, represented by Land Consultants Inc., is requesting an annexation and rezone from RUT (Rural Urban Transition) to BP-P (Business Park PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Optimist Business Park planned unit development. The 9.8 I-acre, 17-lot (I5-buildable, 2-<:ommon) commercial subdivision is located south of Hill Road and on the west side of Horseshoe Bend Road at 9551 & 9555 Horseshoe Bend Road. Bandy introduces the item. E. Page 4 of 6 K:\P&Z\MINUTESITeß1'Orary Minutes Work AreaIPZ-06-28-04 miu.doc Mark Butler, 52 N. 2nd St. representing the applicant presents the application. Jeff Lowe. City Staff presents the staff report. Bandy opens the public hearing Beth Thompson lives to the north of this proposal. Ms. Thompson states that this property is not for sale. Ms. Thompson has lived in this location for 50 years and she will not move. Ms. Thompson states she does not want a business park. Hill Road and Horseshoe Bend Road can not handle additional traffic. Sherry Maupin, 8991 Castle Drive, Middleton. Ms Maupin is the real estate agent handling this transaction. She states that she had contacted both property owners to the north and south of this parcel. Darrin Taylor, 518 Meadow Court Middleton. Mr. Taylor has been working with the applicant. Mr. Taylor is in favor of the staff conditions but he does have some concerns that he would like to address possibly at another time. Mark Butler stands for rebuttal. Bandy closes the public hearing Deckers moves to continue A-S-041RZ-5-O4ICU-5-04/PPUD-2-O4IPP-4-04 - Optimist Business Park Planned Unit Development - Jade, LLC to the July 6, 2004 meeting. Staff will present a strike through document for the site specific conditions of approval. Items that we would like to see in that strike through document on condition #7, strike the words transfer or convey. On #9, rework that entirely. #12, Include on private lots. #21, the 10 foot along Horseshoe Bend Road. #24 strike the words "as well as the entire subdivision" #25, after common landscape areas insert and landscape easements. Would like to see a note about light shielding, specifically have shielded lights similar to Eagle Town & Country. Consider screening to existing residential property since there will be adjacent residential property for a substantial period of time. Seconded by Crook. Discussion. Consider building setbacks along Horseshoe Bend Road. ALL A YE...MOTION CARRIES. F. PPIFP-2-04 - Advanced Healin!! Plaza Subdivision - Saint Alohonsus Re2Îonai Medical Center: Saint Alphonsus Regional Medical Center, represented by Roylance & Associates, is requesting combined preliminary plat and final plat approval for Advanced Healing Plaza Subdivision, are-subdivision of Lot 2, Block 2, of Mixed Use Subdivision No.2. The 5.64-acre, 2-lot commercial development is located south of East Riverside Drive within the Eagle River Development. Bandy introduces the item. Jason Densmer with Roylance and Associates representing the application presents the application. Jeff Lowe, City Staff presents the staff report. Bandy opens the public hearing Bandy closes the public hearing Deckers moves to approve PPIFP-2-04 - Advanced Healing Plaza Subdivision - Saint Alphonsus Regional Medical Center with staff conditions of approval; With the following changes, we accept the applicants recommended changes to the Page 5 of 6 K:\P&Z\MINUTESIT..,.,.,rary Mmutu Work Aml\PZ-06-28-04 min.doc conditions of approval with the following changes to the recommendations; #5 strike the city clerk signing the final plat and replace with "issuing any building permits" . #5 strike the 4th bullet item dealing with third party beneficiary. #7 strike the word CC & R's and replace with Reciprocal Easement. Seconded by Crook. ALL A YE...MOTION CARRIES. 6. 7. NEW BUSINESS: None REPORTS: None 8. ADJOURNMENT: Bandy moved to adjourn at 11:30 p.m. Seconded by Crook. ALL A YE...MOTION CARRIES... RESPECTFULLY SUBMITTED: APPROVED: ~£ .¿/t,~ PHIL BANDY CHAIRMAN ,.."un,.."", ,.." OF EAG ""- ~.. ...J ~ 'þ ~"- , r;~ ....... ~~ ~'\ ¡ð ~YOR."~~ \ ',.0 ~\. : .v \*: : * : ~~. - ~ : : ~.., ' À T , r: : ~ .~:;.-. ,.' .. ('I : " Ú' ..¡, .~ "'#,,-.l> "." ...- ~" -1 1'D U' ," \, ..'~ '1, ¿.; \:' "~ ""'II'U"" A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL. Page 6 of 6 K:\P&Z\MINUTESIT""""rary Minut.;s Work AreaIPZ.()6.28-04 min.doc Roylance & Associates P.A. Engineers • Surveyors • Landplanners 391 W. State Street, Suite E, Eagle, Idaho 83616 Eagle City Planning and Zoning Commission City of Eagle P.O. Box 1520 Eagle Idaho 83616 Dear Commission Members: Telephone (208) 939-2824 Fax (208) 939-2855 June 28, 2004 We own the residential property immediately north of the proposed Assisted Living Center on North Story Book Way. Our property address is 150 N. Storybook Way. We have concerns about the proposed Assisted Living Center but don't currently have enough information to make a complete assessment. We would like the opportunity to provide additional input after more information about the operations of the facility (and therefore the impacts) are known. By comparison, however, light office uses on this commercial property would typically have hours of operation mostly between 8 AM and 5 PM Monday thru Friday only and as such the impact to the residential neighborhood would be tolerable. I assume the assisted living Center would operate seven days a week and possibly 24 hours per day and if so this use in close proximity to a residential neighborhood would be inappropriate. Exactly what activities could and would occur after 5 PM and how would that impact the residential neighborhood? Does the Planning and Zoning Commission intend to limit the hours of operation so as to not negatively impact the residential neighborhood? The screening between the commercial uses and the residential neighborhood as proposed appears inadequate. As an example directly across the street to the South at Bosanka Village the developers were required to build a masonry wall with landscaping between the commercial areas and the residential areas. This masonry wall with landscaping would provide a better buffer between the two land uses. We also request that the site plan be altered so that the parking is placed next to our existing residence instead of a commercial building. This would help provide a better buffer and transition from residential uses to the commercial uses. The current site plan places the commercial building just 7.5 feet from the property line which would then be immediately next to our existing residence which is inappropriate. We also have concerns about the proposed site lighting. We suggest very soft and minimal neighborhood friendly site lighting specifically using very short and compatible light standards, deflecting shields and other techniques so light does not intrude into the residential areas. We assume that both buildings will be single story structures and would be opposed to two-story structures. We encourage the Planning and Zoning Commission to carefully consider the mitigation issues outlined above and to assure that there is proper transitioning and buffering of the commercial properties from the residential neighborhood. Sincerely David and Re C:\Docurts and Settings\IBM T21V nral Sedings\Temporary Internet Files\OLKS\stonybook.doc Roylance & Associates P.A. Noc- S�e rti �` Engineers • Surveyors • Landplanners 391 W. State Street, Suite E, Eagle, Idaho 83616 Eagle City Planning and Zoning Commission City of Eagle P.O. Box 1520 Eagle Idaho 83616 Dear Commission Members: Telephone (208) 939-2824 Fax (208) 939-2855 June 28, 2004 We own the residential property immediately north of the proposed Assisted Living Center on North Story Book Way. Our property address is 150 N. Storybook Way. We have concerns about the proposed Assisted Living Center but don't currently have enough information to make a complete assessment. We would like the opportunity to provide additional input after more information about the operations of the facility (and therefore the impacts) are known. By comparison, however, Tight office uses on this commercial property would typically have hours of operation mostly between 8 AM and 5 PM Monday thru Friday only and as such the impact to the residential neighborhood would be tolerable. I assume the assisted living Center would operate seven days a week and possibly 24 hours per day and if so this use in close proximity to a residential neighborhood would be inappropriate. Exactly what activities could and would occur after 5 PM and how would that impact the residential neighborhood? Does the Planning and Zoning Commission intend to limit the hours of operation so as to not negatively impact the residential neighborhood? The screening between the commercial uses and the residential neighborhood as proposed appears inadequate. As an example directly across the street to the South at Bosanka Village the developers were required to build a masonry wall with landscaping between the commercial areas and the residential areas. This masonry wall with landscaping would provide a better buffer between the two land uses. We also request that the site plan be altered so that the parking is placed next to our existing residence instead of a commercial building. This would help provide a better buffer and transition from residential uses to the commercial uses. The current site plan places the commercial building just 7.5 feet from the property line which would then be immediately next to our existing residence which is inappropriate. We also have concerns about the proposed site lighting. We suggest very soft and minimal neighborhood friendly site lighting specifically using very short and compatible light standards, deflecting shields and other techniques so light does not intrude into the residential areas. We assume that both buildings will be single story structures and would be opposed to two-story structures. We encourage the Planning and Zoning Commission to carefully consider the mitigation issues outlined above and to assure that there is proper transitioning and buffering of the commercial properties from the residential neighborhood. Sincerely David and Re ayla C:\Docwnents and Settings\IBM T21\r neat Sertingsgemporary Internet Files\OLKS\stonybook.doc SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all requirements of the City Engineer. 2. Comply with all requirements of the development agreement for this site dated January 25, 2000, between the City of Eagle and Eagle River LLC. 3. Comply with all conditions of PP-14-00 (Mixed Use Subdivision). 4. Comply with all conditions of DR-42-02. 5. Provide a copy of the recorded final Reciprocal Easement Agreement prior to the City Clerk signing the final plat. The document shall include tsrequired provisions as follows: • A cross access easement shall be established so that each lot has the right to use any shared facilities that may be located on another lot, including but not limited to parking lots, sidewalks, landscaping amenities, fire suppression and alarm systems, and emergency exits. • All owners shall share maintenance of the common facilities. • approval of the City of Eagle. All structures or improvements to the building shall be reviewed and approved by the City of Eagle as required by the applicable ordinances in effect at the time of said improvement. • The City of Eagle shall be alley -as -a third party beneficiary of the required provisions of the Reciprocal Easement Agreement, with the right to enforce such provisions against any and all owners, and • The required provisions of the Reciprocal Easement Agreement shall not be amended or terminated without the prior written consent of the City of Eagle. 6. Any improvement to the site is subject to the review and approval of a Design Review application. Design Review Board review and approval of perimeter landscaping, individual buildings and associated landscaping, parking lot and a master sign plan are required prior to the issuance of any building permits for the site. 7. Place a note on the final plat stating that the Advanced Healing Plaza Subdivision shall remain under the control of one business owner's association. Provide a copy of the CC&R's or Reciprocal Easement Agreement with language stating that the landscaping, parking lot and other shared site improvements are to be maintained by one business owner's association. 8. Future re-subdivision(s) of any portion of this site shall be required to comply with ECC Title 9 "Land Subdivisions". 9. Add a note on the final plat to read as follows, "All Lots shall provide reciprocal cross -access for vehicular and pedestrian ingress and egress to the public right-of-ways and to the utility easements as delineated on this plat" (or within a recorded cross access easement, with reference to the instrument number noted on the plat). 10. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this project, prior to the City Clerk signing the final plat. Page 10 of 14 K:\Planning Dept\Eagle Applications\SUBS\2004\Advanced Healing Plaza Sub stf.doc EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject A-5-04/RZ-5-04/CU-5-04/PPUD-2-04/PP-4-04 — Optimist Business Park Planned Unit Development — Jade, LLC June 28, 2004 6:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? rz.'?fa ! ��J a SE?,V 2 P o ^- r>i .e,dd� 14 ;a > ;/V iloi ;_ y 1. Page 1 of 2 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject CU-4-04 — Nursing/Convalescent Homes (Assisted Living Facilities) — Ashley Manor Properties LLC June 28, 2004 6:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? Mi/-7-;" Ae -.--a — 071 /1/ !T>i i /,"(i- 4 ,17'_(i3r7 L/ VD( C--0--Et-) -20i-: c---k-- (3-2.0 V ' 14(-1 c '''. 41 E /-C IDA_Ug- --RI. 1,..... J .c.,,,,,,-,2-. 1\ Page 1 of 2 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject PP/FP-2-04 — Advanced Healing Plaza Subdivision — Saint Alphonsus Regional Medical Center June 28, 2004 6:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? Page 1 of 2 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject CPA-1-04/RZ-4-04 — Comprehensive Plan Amendment from Residential Two to Mixed Use and Rezone from RUT and A-R to MU-DA— Laguna Pointe, LLC June 28, 2004 6:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? Page 1 of 2 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject A-4-04 & RZ-6-04 June 28, 2004 6:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? Page 1 of 1 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject CPA-3-03/RZ-8-03 — Comprehensive Plan Amendment from Residential One to Commercial and Mixed Use and Rezone from A-R to C-2-DA and MU-DA— Park Hampton, LLC June 28, 2004 6:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? Page 1 of 2