Minutes - 2004 - Planning & Zoning - 12/06/2004 - Regular
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
December 6, 2004 at 6:30 PM
The Planning and Zoning Commission met in regular session on December 6, 2004, with
Chairman Bandy presiding.
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CALL TO ORDER: The meeting was called to order at 6:35 p.m.
ROLL CALL: The following members were Present: LIEN, BANDY, DECKERS,
MARKS. Absent: none. A quorum is present.
CONSENT AGENDA:
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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.
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B.
Minutes of November 15, 2004
Findin2s of Fact and Conclusions of Law for 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-lnile north of Chinden Blvd. The site is
within the Eagle City Limits.
Deckers asks to remove the minutes for discussion.
Deckers moves to approve the remainder of the consent agenda which is
FPUD-6-04 & FP-8-04 as submitted. Marks seconds. ALL AYES...MOTION
CARRIES.
Bandy moves to approve minutes as discussed. Deckers seconds. ALL
A YES...MOTION CARRIES.
UNFINISHED BUSINESS:
PUBLIC HEARINGS:
A. ZOA-8-04 - The City of Eagle is proposing to amend Eagle City Code Title 8
"Zoning", Chapter 7 "Zoning Administration and Enforcement", Section 8
"Notice Requirements", to adopt standards for neighborhood meetings prior to the
submittal of development applications to the City of Eagle.
Bandy introduces item.
Jeff Lowe, City Staff, discusses public notice requirements. This amendment is to
require neighborhood meetings prior to the submittal of any development
applications to the City. Intent is to provide as much information to the public as
possible regarding future development of the property.
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THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
December 6, 2004 at 6:30 PM
6.
Attorney indicates language should be added to B-l-a for consistency and that
"meeting location" language is ambiguous.
Deckers asks if insufficient notification nullifies an application.
Attorney: jurisdictional defect if notification missed one person. Person is usually
at the meeting for which they are claiming they were not notified, but received
"de-facto" notification via third party.
Deckers: strike "radius" and replace with "perimeter extending beyond."
Attorney: remove "weekend" and replace with "Saturday."
City Staff recommends "homeowners associations" instead of "neighborhood
associations. "
Attorney agrees that language should include "homeowners and neighborhood
associations."
Marks asks to re-address when notification should be mailed.
Commission agrees to keep notification consistent with public meeting
notification, 15 days.
Deckers asks to continue this item to the next meeting.
Bandy also wants to compare new language with old to alleviate any conflict.
Deckers moves to continue this item to next commission meeting. Lien
seconds. ALL A YES...MOTION CARRIES.
NEW BUSINESS:
A.
Elephant Creek Preliminary Plat (Ada County Subdivision) - Doug Jayo,
represented by Pinnacle Engineers Inc., is requesting preliminary plat approval for
Elephant Creek Subdivision, a 28.99-acre, 6-lot (4-buildable, 2-private road)
residential subdivision located on the north side of West River Heights Drive
approximately 850-feet west of Meridian Road at 318 West River Heights Drive.
This site is located in the Eagle Area of Impact.
Bandy introduces item.
Jeff Lowe, City Staff, discusses item. Ada County transmittal for 4-lot (4
buildable) subdivision within area of impact but not Eagle City limits. Zoned R-E
and meets requirement of Eagle City code. Deficient in two categories: 1) served
by private road 2) minimum of 30' lot frontage on public roadway. If the County
approves the plat, they will look at other items to develop the property.
Deckers asks about floodway/floodplain issue, i.e. building in the floodplain.
City Staff on rebuttal: we could add recommendation to our area of impact
agreement with the County.
Deckers asks if property was in city limits, what would staff recommend.
Staff indicates perhaps lots could be reconfigured so that driveway could serve
two lots, but if within city limits that would make it a public road.
Marks asks dimensions of cul-de-sacs. Adequate space for fire service?
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THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
December 6, 2004 at 6:30 PM
Staff indicates 45', fife only requires 42'.
Bandy asks if length of cul-de-sac is appropriate for zoning district.
Staff indicates, yes, if the City allowed private roads.
Dave McKenna, 725 S. Timber, Meridian. Representing Doug Jayo. County says
Applicant must use private road, City will not allow private road. Property was
part of an earlier illegal split. Only way to recognize the parcel is to gain roadway
frontage.
Deckers indicates this is an unintended consequence of the "no private road"
ordinance. Believes Commission should recommend approval to the County, with
the caveat that we re-address this issue.
7.
Bandy agrees we could recommend with "special circumstances" to allow this
application to move tltrough the County.
Marks agrees that the property development fits with the comp plan of area, and
will eventually be annexed into the City.
Bandy recommends "most stringent" flood plain ordinances.
Deckers indicates should be more specific than above.
Lien says property is land-locked... we're going to see this now or we're going to
see this later. Agrees that the commission can recommend approval to the County.
Marks asks if basis of city staff recommendation for denial is strictly based on the
private road issue. Staff indicates, yes.
Deckers moves to approve Elephant Creek preliminary plat with
recommendation to Ada County that situation of "no private road" was
unintended consequence of ordinance and will follow up to change ordinance
language to allow private road under driveway. Staff to add site-specific
condition #8 regarding fill to be placed in the floodplain. Marks seconds.
ALL A YES...MOTION CARRIES.
REPORTS:
A. Commission:
8.
B. City Attorney:
C. Staff:
ADJOURNMENT:
Marks moves to adjourn the meeting, Bandy seconds. ALL A YES.. .MOTION
CARRIES.
Hearing no further business, the Commission meeting adjourned at 7:40 p.m.
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THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
December 6, 2004 at 6:30 PM
RESPECTFULLY SUBMITTED:
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SHARÒN K. BERGMANN
CITY CLERK 1 TREASURER
A TRANS CRIB ABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL.
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
ZOA-8-04 — Neighborhood Meeting Standards
December 6, 2004 at 6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
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