Minutes - 2004 - Planning & Zoning - 10/04/2004 - Regular
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
October 4, 20046:30 P.M
The Planning and Zoning Commission met in regular session on October 4, 2004, with Chairman
Bandy presiding.
1. CALL TO ORDER: The meeting was called to order at 6:35 p.m.
2. ROLL CALL: The following members were Present: BANDY, DECKERS,
GLA V ACH, MARKS. Absent: LIEN. A quorum is present.
3.
CONSENT AGENDA:
Consent Agenda items are considered to be routine and are acted on with one motion.
There will be no separate discussion on these items unless the Chairman, a
Commissioner, member of City Staff, or a citizen requests an item to be removed from
the Consent Agenda for discussion. Items removed from the Consent Agenda will be
placed on the Regular Agenda in a sequence determined by the Rules of Order.
Any item on the Consent Agenda that contains written recommendations from the
City of Eagle shall be adopted as part of the Planning & Zoning Commission's
Consent Agenda approval motion unless specifically stated otherwise.
A. Minutes of September 7, 2004.
DECKERS moves to approve the consent agenda, GLA V ACH seconds. ALL
A YES...MOTION CARRIES.
.
.
B. Minutes of September 20, 2004.
DECKERS moves to remove minutes from consent agenda and discuss after
public hearings, MARKS seconds. ALL AYES... MOTION CARRIES.
UNFINISHED BUSINESS: None
4.
5.
PUBLIC HEARINGS:
A. PP/FP-I-04 - Reese Subdivision (Rockv Mountain Business Park - Svdnev &
Associates - Marearet .Jones: Margaret Jones with Sydney & Associates LLC,
represented by James Murray with CSHQA, is requesting combined preliminary plat
and final plat approval for Reese Subdivision, a re-subdivision of Lot 17, Block 3, of
Merrill Subdivision No.2. The 1.04-acre, 2-10t commercial development is located
south of East Plaza Drive, at 781 East Plaza Drive.
Bandy introduces item.
Deckers asks City Staff if this item was re-noticed. Jeff Lowe indicates yes, there was
a change in the plat and applicant representation.
James Murray, CSHQA, is present to represent applicant Margaret Jones. Also present
is Gordon Anderson, Anderson Survey, who prepared plat. Mr. Murray discusses
project: in Rocky Mountain Business Park, currently in design review process to be
heard in October.
City Staff, Jeff Lowe, discusses site. No physical change to site, ownership only,
meets city code. Roadway connection at Rocky Mountain Business Park, from Plaza
to Hwy. 44, has not been approved to date. As a condition of the PUD, applicant may
have to contribute to an LID.
There was no public testimony.
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THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
October 4, 2004 6:30 P.M
Jim Murray on rebuttal: clarification in staff report survey regarding sidewalk,
currently only asphalt and gutter, pending conditional approval from ACHD.
DECKERS moves to approve PP/FP-I-04 with staff recommendation plus
addition that sidewalk be extended from Rocky Mountain Business Park.
MARKS seconds. ALL A YES... MOTION CARRIES.
B. RZ-9-04- Rezone From A-R To R-2 - Naev Sprinecreek LLC: Nagy Springcreek
LLC., represented by Land Consultants Inc., is requesting a rezone from A-R
(Agricultural-Residential) to R-2 (Residential- up to two dwelling units per acre).
The 26. 18-acre site is located west of Eagle Road, at 2267 South Eagle Road.
C. PP-6-04 - Westover Lakes Subdivision - Naev Sprinecreek LLC: Nagy
Springcreek LLC, represented by Land Consultants Inc., is requesting a preliminary
plat approval for Westover Lakes Subdivision, a 32-10t (26-buildable, 6-common)
residential subdivision. The 26. 18-acre site is located west of Eagle Road at 2267
South Eagle Road.
Bandy introduces the item and opens public hearing. The Commission will hear Items
B & C together but will take separate action on each item.
Mark Butler, 52 N. 2nd Street, discusses site. Addresses procedural issue: Starwood of
Eagle says they did not receive notice of meeting, but Mr. Butler provides copy of
mailing labels indicating that notice was sent.
Don Knickrum, Nagy Springcreek, discusses litigation issue: suit filed last December,
regarding ownership of property. Essentially, the road in litigation does not affect
subdivision. Legal description for property is parcel without the road.
Deckers asks about original intention of access road.
Knickrum answers that it was built for farming access in 1918. Today emergency
access only as provided in ACHD approval.
Butler on rebuttal clarifies that ITD has already given approval on this emergency
access road and points commission to ITD letter in staff report.
Butler clarifies that sewer district approval is mandatory prior to plat approval.
Jeff Lowe, City Staff, presents staff report and recommends approval.
Public Testimony:
Jim Sars, 507 W. Bogus View Dr., Streamside Subdivision. Concerned of ecological
problems, tires, mosquitoes, etc. also stream flow, specifically algae buildup.
Robert Adelson, attorney representing Starwood of Eagle subdivision (Bill Selvage
out of town). Says principals of subdivision have three objections: 1) they did not
receive notice of meeting, 2) the access road from Eagle road which splits subdivision
with Cottonwood Creek is under litigation (brought copy of pleadings), and 3) traffic
safety as it relates to deceleration lane, i.e. not enough room from bridge to entrance of
subdivision.
Applicant rebuttal:
Don Knickrum, 1403 Mace Road, Eagle, worked with ITD for 10 months which led to
deceleration lane. Traffic issues to be worked out with lTD.
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THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
October 4, 2004 6:30 P.M
As to tires, property will be cleaned up upon preliminary plat approval. Will trade
water rights for a well and that will address stream flow for PI, direct line through to
Streamside, results in cleaner water than exists now.
Bandy closes public hearing.
Commission discussion:
Marks concerned about sidewalk construction, should include barrier that does not
encourage pedestrian traffic. Perhaps set aside land for future sidewalk not to be
developed at time of subdivision.
Deckers asks if developer would bear the cost of "future" sidewalk construction.
Attorney suggests that homeowners association could continue funding or obligation
for sidewalk.
Bandy suggests additional language regarding sidewalk barrier for future construction,
retain applicant's request for ITD review and approval.
Deckers believes that any legal issues regarding emergency access road are civil issues
and that applicant has provided sufficient legal property description. Add condition
that property cleanup to be addressed prior to signing final plat.
Applicant agrees to condition that tires and other hazards be removed prior to signing
of final plat.
DECKERS moves to approve rezone RZ-9-04, GLA V ACH seconds. ALL
A YES...MOTION CARRIES.
DECKERS moves to approve preliminary plat PP-6-04 with the staff conditions
of approval and following changes:
Condition #7: verbiage clarification "...nature trail shall be cleared of vegetation
and constructed with..." strike 'and constructed with', replace with 'to be' a
nature trail.
Condition #9: construct a minimum 5' wide meandering concrete sidewalk along
Eagle Road subject to ITD review and approval.
Condition #10: accept applicant recommendations.
Add condition that tires will be removed prior to signing of final plat.
Add condition that applicant and/or the Homeowners Association shall establish
and maintain a surety (or funding mechanism) for future construction of the
sidewalk.
6.
GLA V ACH seconds. ALL A YES...MOTION CARRIES.
NEW BUSINESS:
A. FPUD-5-04 & FP-7-04 - Final Development Plan and Final Plat for Shadow
Ridee PUD Subdivision - Hillview Development Corporation represented by
Land Consultants Inc.: Hillview Development Corporation, represented by Land
Consultants Inc., is requesting final development plan and final plat approval for
phase 1 of Shadow Ridge Subdivision PUD, a 92-lot (77-buildable, 15-common)
residential subdivision. This 25-acre phase of the Shadow Ridge Subdivision PUD is
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THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
October 4, 2004 6:30 P.M
located on the west side of Horseshoe Bend Road at 10711 through 10867 Horseshoe
Bend Road.
Bandy introduces the item.
Mark Butler, 52 N. 2nd Street. Worked out boundary dispute for first five lots, Phase 1.
Provided plat map. Request language change on condition #12 from 35' landscape
easement (homeowners association) to 35' setback (specific to Molinar lot # 52).
Bandy asks how sidewalks are accommodated.
Butler clarifies sidewalks meander in and out of right-of-way.
Deckers asks about property line dispute.
Butler indicates it was resolved via extortion. (laughter)
Bandy asks attorney for guidelines regarding language change.
Jeff Lowe, City Staff, presents staff report and recommends landscape buffer be
maintained.
Deckers asks if language is not modified from easement to setback, if the easement
would then be granted by default.
Jeff answers that there would be a note on the plat that says homeowner association
would be responsible to maintain landscape.
Attorney clarifies easement language: landscape buffer shall be maintained in a
manner consistent with adjoining landscape areas.
Elaina Molinar, 10845 Horseshoe Bend Rd. suggests that 35' easement would
interrupt ability to enjoy property in that it would allow other homeowners in
subdivision to essentially trespass in their yard.
Mark Butler on rebuttal, indicates that photo of landscaping was submitted with
design review application.
DECKERS moves to approve FPUD-5-04/FP-7-04 with staff recommendations
and easement language as follows:
Site specific condition #12: landscape buffer shall be maintained by owner of Lot
1, Block 2. Landscape setback shall be maintained in manner consistent to what
has been presented to and approved by Design Review Board.
DECKERS amends his motion as follows:
Upon transfer of ownership, the landscape setback shall be maintained in a
manner at a minimum consistent with the adjacent landscape uses.
MARKS seconds. ALL A YES...MOTION CARRIES.
Minutes of September 20, 2004. Deckers asks for the following modifications:
1. Add initial motion by Lien, that Deckers chair the meeting in Bandy's absence.
2. Bold all motions.
3. On CU-8-04, move comment that Marks recused himself from voting to beginning of
motion, clarify that it was due to "employer" economic interest.
4. On page 2 of 5, strike the word "association" from homeowners association.
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THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
October 4, 2004 6:30 P.M
5. On page 4 of 5, add specific numbers to lot coverage, not just percentages:
. Rl at 37,000sf x 35% = 12,950sf
. RE at 1.8 acres x 17% = 13,329sf
6. Under initial reason for RE, add "and rural ranchette style development."
DECKERS moves to approve the minutes with above changes, GLA V ACH seconds.
ALL A YES...MOTION CARRIES.
REPORTS:
7.
A. Commission:
B. City Attorney
C. Staff: Three Rivers Crossing. Jeff Lowe, City Staff, is writing letter on behalf of City
of Eagle opposing alignment.
ADJOURNMENT:
8.
MARKS moves to adjourn meeting, DECKERS seconds. ALL A YES...MOTION
CARRIES.
Hearing no further business, the Commission meeting adjourned at 9:40 p.m.
RESPECTFULLY SUBMITTED:
APP
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CITY CLERKffREAS URER
A TRANSCRffiABLE R CORD OF THIS MEETING IS A V AILABLE AT CITY HALL.
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Please consider a new condition for the Final Plat:
Regarding Site Specific Condition of approval #12 of the Findings and Fact and
Conclusions of Law for A-3-04/RZ-3-04/CU-3-04/PPUD-1-04/PP-3-04 A 35-foot wide
landscape setback, versus an easement, to be reviewed and approved by the City of Eagle
Design Review Board shall be provided across the eastern boundary of Lot 1 Block 2.
The landscape buffer shall be maintained by the owner of Lot 1, Block 2.
Re, `d w/4l614
4
`nature trail" shall be cleared of vegetation a natural soil surface in lieu of the
gravel/cinder surface. The applicant shall work with the appropriate flood control district and
emergency response agencies to ensure that emergency access is provided and appropriately surfaced
for heavy equipment use. The pathway shall be constructed and markers/signs (describing the
pathway as intended for pedestrian ingress and egress and is a multi -purpose, non -motorized
pathway/conservation easement in favor of the City of Eagle) installed to delineate the pathway prior
to the issuance of any building permits for those lots adjacent to the pathway easement. Plans
showing the location of the markers/signs, language to be placed on the markers/signs, and other
methods to be used to delineate the pathway shall be submitted to the City for review prior to the
approval of a final plat. During all types of construction, fencing shall be installed to protect the
easement area and prohibit activity (other than pathway construction) from occurring within the
easement area. A note shall be added to the CC&Rs stating provisions for the proper maintenance of
the pathway surface and for the clearing and removal of any vegetation which may interfere with the
pathway. A copy of the CC&Rs shall be submitted to the City prior to the City Clerk signing the final
plat.
8. Place a note on the final plat referencing an instrument number for the required greenbelt easement
bordering the northern portion of this development (South Channel of the Boise River). The note
shall further state that the 25-foot wide easement is for the use by the general public for pedestrian,
equestrian and other non -motorized access in favor of the City of Eagle.
Construct a minimum five foot (5') wide meandering concrete sidewalk along Eagle Road abutting
this site- -S`t'B --1.1-13 REVS AND f}PP2ov.tl
EXC LAP-1-- fR v M k`I�6 l e
10 The applic t shall construct a five foot (5') wide sidewalk abutting both sides I of the interyfal pool. ��o_
roadways iLESS portions.fronting '15, Block 1, as
_shown on the preliminary plat date stamped by the City on August 25, 2004.
•
11. in tnstant„t._.. the tiood�._ :__ .:1Le sects the building lots, that portion of those lots lying within
the floodway (as determined by FEMA) shall be "non -build" portions of the lots and no
encroachments, buildings, or other structures shall be built thereon, pursuant to Eagle City Code
Section 10-1-8-5 (D). No equipment or vehicles shall be stored, or any solid -face fences constructed,
on any portion of these lots lying in the floodway and such shall be a condition to be within the
CC&Rs. A note shall be placed on the final plat generally stating this requirement.
12. Building envelopes shall be depicted on the final plat for all lots located within 50-feet of the
floodway line as shown on the accepted FEMA maps current at the time of submittal for final plat.
The building envelopes shall be shown on the final plat to reflect the minimum 50-foot setback from
the floodway line. No construction shall be permitted within the 50-foot floodway setback.
13. All new construction and substantial improvement of any residential structure shall have the fmish floor
elevation of the lowest floor elevated to a minimum of two feet (2') above the base flood elevation.
14. Comply with all conditions of the Chevron Pipe Line Company regarding the 16.5 foot wide pipeline
easement located on the property.
15. Any overhead utilities serving the site shall be located underground.
16. Add a note to the final plat which states that, "Minimum building setback lines shall be in accordance
with the applicable zoning and subdivision regulations at the time of issuance of a building permit or
as specifically approved and/or required." The required note does not supercede the required 50-foot
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