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Minutes - 2004 - Planning & Zoning - 11/15/2004 - Regular
THE CITY OF EAGLE PLANNING & ZONING COMMISSION MINUTES November 15, 2004 at 6:30 P.M The Planning and Zoning Commission met in regular session on November 15, 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: LIEN, BANDY, DECKERS, MARKS. Absent: none. A quorum is present. 3. ~ 4. 5. 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. B. Minutes of November 1, 2004 Findines of Fact and Conclusions of Law for PPIFP-3-04 - Hill Creek Business Park - David Guthrie with Pacific Security Companies, Inc., represented by The Land Group, Inc., is requesting combined preliminary plat and final plat approval for Hill Creek Business Park Subdivision. The 5.5- acre, 1O-10t commercial development is located on the northeast comer of the intersection of State Street and Hill Road. Deckers moves to approve the minutes of November 1, 2004, Marks seconds. ALL AYES...MOTION CARRIES. Deckers moves to approve PPIFP-3-04 Findings as amended to show that Lien was present, Lien seconds. ALL A YES...MOTION CARRIES. UNFINISHED BUSINESS: PUBLIC HEARINGS: A. A-7-04/RZ-12-04 - Annexation and Rezone from RR to A-R - The City of Eagle is proposing an annexation and rezone from RR (Residential) to A-R (Agricultural-Residential). The 575+/- acre area is generally located west of Linder Road, east of State Highway 16, south of Floating Feather Road and approximately 2500-feet north of State Highway 44. Bandy introduces item and opens public testimony. Deckers identifies role of the P&Z Commission tonight: to recommend rezone classification to City Council if they approve annexation. Marks and Deckers state they both have had exparte communication with the Mayor regarding the annexation. Page 1 of 5 K:\P&Z\MINUTESITe¡qx>rary Minutes Work AreaIPZ-II-15-04 min.DOC THE CITY OF EAGLE PLANNING & ZONING COMMISSION MINUTES November 15,2004 at 6:30 P.M City Attorney responds to Mary Tate letter regarding proper notification. Jeff Lowe, City Staff, addresses sign changes. Initially, signs were posted indicating property perimeter at a linear measure of 1000-feet north of State Highway 44, then modified to 2500-feet to better define the location. Notices, regardless of general description, indicate that a legal description of the property is on file at the City of Eagle. Letters with map sent to property owners within 300-feet. With regard to scheduling a conflicting meeting with the County, P&Z meetings are set for the first and third Mondays of each month and have been scheduled since the flfst of the year. The County meeting was therefore set in conflict with this established meeting. Staff discusses the item and shows vicinity map. The application is for a rezone classification in the event annexation is approved by City Council. Current Ada County zoning "RR" is consistent with requested City zoning designation "AR" should the property be annexed into the City of Eagle. Consent to annexation by property owner is on file and recorded with the County, and the City of Eagle recently passed Ordinance 465 and Resolution 0415 to adopt the area of impact, allowing legal authority for City to request annexation. Staff refers to letter from Eagle Fire indicating no opposition and ability to serve the area if annexed into the City. Eagle Sewer has also pledged cooperation and states they could serve the property if it were annexed into their district. Staff recommends approval for rezoning from County "RR" classification to City "AR" designation based on all of the above. Deckers asks for clarification if the property is currently multiple lots with a single land owner. Staff responds yes. Bill Vaughan, Zoning Administrator, clarifies that AR more closely fits area development versus simple Residential. Rights pursuant to the property do not differ between AR and RR. 10-acre minimum lot size for RR, 5 acres for AR. Marks asks for clarification of City Code 1-10-2 Annexation: what is the definition of "shoestring?" Attorney indicates that this definition relates to annexation which is an issue to be dealt with by City Council, not the P&Z Commission this evening. Bill Vaughan additional comments on meeting conflict: the City requested in writing for the County to change their meeting date and they did not respond. In terms of signage: in the initial project location description, the 1O00-foot perimeter was determined based on property size; signs were then changed to "approximately 2500-feet north of State Highway 44" to better clarify the general description. Page 2 of 5 K:\P&Z\MINUTESlTemporary Minutes Work AreaIPZ-11-15-04 min.DOC THE CITY OF EAGLE PLANNING & ZONING COMMISSION MINUTES November 15, 2004 at 6:30 P.M Public Testimony: Greg Embry, 251 E. Front Street, Boise. 1) Policy and Planning issue: must show that annexation is required for orderly growth. Municipal services cross between Eagle and Star. Alternative: let this development stay in the County until dispute between Eagle and Star is resolved. 2) Notification: notice does not require a legal description. 3) Defer decision based on confusion of notification and conflicting meetings. Eugene Miller, 320 Palmer Lane. Signs very confusing, the initial description of "1O00-feet north of Hwy. 44" went right through his property. If not properly noticed, is this a legal meeting? If property has been sold, shouldn't rezone come from new owner? Currently RR in County, up to 1 unit per 10 acres, but the City is requesting AR, which would be up to 1 unit per 5 acres. Who handles sewer? Deckers indicates that AR could be a "temporary" zoning designation until the property is developed. Mike Hormanchea, PO Box 6887, Boise. Why doesn't P&Z act on annexation as well as rezone? Concerned about municipal services, i.e. sewer, water, etc. Bandy and Deckers both clarify that annexation is a City Council item, and that P&Z is only here to make a recommendation on the application to rezone. Rick Huitt, Longhorn Dr. Moved to county to be in county, does not want to be annexed to the City. Concerned that developer can request another rezone that would put higher-density residential next to his property. Eugene Miller, 320 Palmer Lane, believes that this request is "hodge-podge" development. Bandy indicates that this application supports Eagle's long-term planning. Deckers does not believe that AR zoning is hodge-podge. Sheila Brenton, 3355 Palmer Lane. Employee of Circle DJ Ranch, thinks owner has been influenced to consent to annexation and believes this application is premature. Deckers asks Staff to address: 1) if meeting was notified properly and 2) was property fairly and accurately described. Bill Vaughan, City Staff, on rebuttal: application has been fairly and accurately noticed based on legal requirements. Purpose is to give a general geographic area, and invites public to view map and legal description at City Hall. Deckers asks if notification was changed to better describe the general area. Bandy asks if southern boundary is the only one in question. Bill Vaughan indicates yes. Deckers comments that if Council approves the annexation, the City should Page 3 of 5 K:\P&Z\MlNUTESITemporary Minutes Work AreaIPZ-11-15-04 min.DOC THE CITY OF EAGLE PLANNING & ZONING COMMISSION MINUTES November 15, 2004 at 6:30 P.M consider amending Eagle City Code to allow Star Fire Department to provide primary fire services, at least temporarily, until Eagle Fire District is in a position to provide primary fire services. Marks on long-range impact: new fire station is slated for area. Ronnie Scott, 8075 Floating Feather, never received written notice. Bill Vaughan indicates that Mr. Scott was not picked up on the County records search when notices were mailed, perhaps not within the requisite 300-feet. Bandy closes public testimony. Marks clarifies that Commission role is merely to recommend best zoning if City Council approves annexation and that AR is currently aligned with the area. 6. Marks moves to approve A-7-04/RZ-12-04 rezone from RR to AR with Deckers recommendation that Council pay close attention to fire services. Lien seconds. ALL A YES...MOTION CARRIES. NEW BUSINESS: A. FPUD-6-04 & FP-8-04 - Final Development Plan and Final Plat for Banburv Meadows PUD Subdivision No.6 - Banburv Meadows LLC - Banbury Meadows, LLC, represented by Roy Johnson, is requesting final development plan and final plat approval for Banbury Meadows Subdivision Phase 6, a 23-10t (23-buildable) residential subdivision. This 7.74-acre (approx.) phase of Banbury Meadows PUD is located on the west side of Eagle Road approximately Y2-mile north of Chinden Blvd. The site is within the Eagle City Limits. Bandy introduces item. Roy Johnson, 9225 Chinden, Garden City. Proposal tonight covers wider lots, addition of lake. Jeff Lowe, City Staff, discusses item and recommends approval as it meets conditions of previously approved PUD. Deckers wants October engineering letter to be specifically identified. City Staff indicates November 9th letter should suffice in that the October 12th letter was superceded. Deckers wants both letters to be referenced. Lien agrees. 7. Deckers moves to approve FPUD-6-04 & FP-8-04 with staff recommendations, and site-specific condition #1 reference to both engineering letters. Marks seconds. ALL A YES...MOTION CARRIES. REPORTS: Page 4 of 5 K:\P&Z\MINUTESITe¡qx>rary Minutes Work AreaIPZ-11-15-04 miu.DOC THE CITY OF EAGLE PLANNING & ZONING COMMISSION MINUTES November 15,2004 at 6:30 P.M A. Commission: Marks indicates he will attend the Compass meeting on Tuesday. Deckers will also try to attend. City Attorney: B. 8. C. Staff: Discusses Idaho Power resolution regarding transmission lines. ADJOURNMENT: Deckers moves to adjourn meeting, Bandy seconds. ALL A YES...MOTION CARRIES. Hearing no further business, the Commission meeting adjourned at 7:42 p.m. RESPECTFULLY SUBMITTED: """"""" ", GLr. "" ...." G,~ C t" ~.. ~ v.......... * ". ¡ 0... :Ç-'" T8 ... ~ ~~I 0 ..:'. ~ : f-.,': "" r:.~ 0 : :-:0 ." :::=:: ¡U\u . -~.,.:: ~ .. ,':: ~ .. ", ~~ ~ ... .../A'c ',,' " ..,.. ....~. \," . ....- '" S .- .- '. T A \ ." ""'"""", ,..' JA C. -i ~, ~)l. ~ -t-r~ SHARON K. BERGMANN CITY CLERK 1 TREASURER APPROVED: PHILLIP J. BANDY CHAIRMAN A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL. Page 5 of 5 K:\P&Z\MINUTESITe¡qx>rary Minutes Work Area\PZ-] 1-15-04 min.DOC EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET A-7-04/RZ-12-04 - Annexation and Rezone from RR to AR November 15, 2004 at 6:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? � , I ER , ,,. % {. -3 - — /c ( ) c Q J r"yiii4 32.--YCt,/ /7Z/.kl? 256 767 Page 1 of 1 FRANK W. STOPPELLO JERRY A. Swim F. MATTHEW STOPPELLO STOPPELLO & HISER ATTORNEYS AND COUNSELORS AT LAW 620 WEST HAYS STREET BOISE, IDAHO 83702 November 12, 2004 RECEIVED & FILED CITY OF EAGLE NOV 15 2004 File: Route to: FACSIMILE (208) 336-1027 TRANSMITTED VIA FACSIMILE AND SENT BY FIRST CLASS MAIL Planning & Zoning Commission City of Eagle P.O. Box 1520 Eagle, ID 83616 Re: Annexation and Rezone Request Application No. A-7-04/RZ-12-04 Dear Planning & Zoning Commissioners: I write as attorney for the Middleton Mill Ditch Company and Middleton Irrigation Association regarding the above -referenced annexation and rezone application on the Agenda for hearing November 15, 2004. I have been asked to correspond with you regarding this Application and, the implication and impact of Eagle City Ordinance No. 479, codified as Eagle City Code Section 6-5-23C. Under the provisions of this ordinance, in order for annexation or development to occur on the property the subject of an annexation and rezone request, the property owner and/or developer is required to transfer and assign surface water rights to the City for inclusion into the City's municipal water supply system. The Middleton Canal Companies have requested that I inform you of the Companies position and concerns regarding implementation and application of Eagle City Code Section 6-5- 23C. A portion of the land subject to the above -referenced annexation and rezone request receives irrigation water from the Middleton canal companies. The Middleton Canal Companies own the water rights and, the land owner own shares of capital stock in the Canal Companies, which shares entitle the land owner to receive water from the Middleton Canal Companies. These shares do not represent ownership of the water rights. The water rights on record with the Idaho Department of Water Resources are owned by and in the name of the Middleton Canal Companies, not the individual land owners. Planning & Zoning Commissioners November 12, 2004 Page Two RECEIVE© & FILED CITY OF EAGLE NOV 15 2004 File: Route to: As a result of Middleton Canal Companies' ownership o...the water rights and, pursuant to Idaho law and the Bylaws of the Companies, transfer of Middleton Canal Companies' water rights to the City of Eagle is not permitted. The Middleton Canal Companies' Bylaws prohibit transfer of water or rights to water to anyone other than owners of land under the flow of the canals, laterals, and extensions thereof operated by the Canal Companies as a system. The Ordinance also contemplates a change in the point of diversion, period of use, nature of use, and potentially place of use. Under Idaho law when the right to the use of water is represented by shares of stock in a corporation, (i.e. the Middleton Canal Companies) any proposed change in point of diversion, period of use, nature of use or place of use must have the consent of the Canal Companies. Please be advised the Middleton Canal Companies are not willing to consent to a change of the Companies' water rights contemplated by Eagle City Code Section 6-5-23C for the proposed annexation and rezone request identified above, or for any other annexation, rezone or development request. If you have any questions regarding this matter please feel free to contact me. Sincerely, Jerry A_, Kiser Attorney at Law JAK:jf cc: Middleton Irrigation Assn. Middleton Mill Ditch Company LEGACY November 15, 2004 City of Eagle 310 East State Street Eagle, Idaho, 83616 Dear Nichoel: RECEIVED & FILED CITY OF EAGLE to V 1 5 2004 File. Route to. This letter will serve to advise you that we currently have a legal interest in that certain ±575 acres known as the Circle DJ Ranch. By this letter, we request and fully support the proposed annexation and re -zone to AR. Please contact me with any questions in this regard. rooks - ott ;O 3350 AMERICANA TERRACE - SUITE 200 - BOISE - IDAHO - 83706 (208) 385-0558 i•d d60:9D 17D SI AoW