Minutes - 2005 - Planning & Zoning - 03/07/2005 - Regular
THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
Minutes
March 7, 2005
1. CALL TO ORDER: Meeting called to order at 6:35 p.m.
2. ROLL CALL: Present: LIEN, BANDY, MARKS, PIERCE. A quorum is present.
Absent: ASPIT ARTE
3. UNFINISHED BUSINESS: None
4. PUBLIC HEARINGS:
A. CPA-I-OS & RZ-I-OS & CU-I-OS Comprehensive Plan Amendment From Residential Four to
Central Business District, Rezone With Development A2reement From R-4 to CBD-DA and
Conditional Use Permit - Ea21e Hei2hts Baptist Church: Eagle Heights Baptist Church, represented
by CSHQA, is requesting a Comprehensive Plan Amendment to change the land use designation on the
Comprehensive Plan Land Use Map from Residential Four (up to four units per acre) to Central Business
District, a rezone from R-4 (Residential up-to four dwelling units per acre) to CBD-DA (Central Business
District with Development Agreement), and a conditional use permit to construct a
residential/commercial development. The 1.83-acre site is generally located on the south east corner of
East Mission Drive and Eagle Road at 291 North First Street. This meeting was continued from the
February 28,2005 meeting. This item will be continued to the April 4, 2005.
Staff notes that this item will be heard at the April 4, 2005 meeting in order to meet notification
requirements.
B. PP-7-04 - Symphony Subdivision - Park Hampton LLC: Park Hampton LLC is requesting
preliminary plat approval for Symphony Subdivision, a 24-10t (2-residential, 18-commercial, 4-common)
commercial/residential subdivision. The 16.05-acre development is generally located at the northeast
comer of State Highway 44 and Park Lane. This item was continuedfrom the February 7, 2005 meeting.
The applicant has requested this item be heard at the end of the agenda.
C. CPA-3-0S & RZ-3-0S Comprehensive Plan Text Amendment From One-Unit Per Acre to Two-
Units Per Acre, Rezone With Development A2reement From A to R-I-DA & R-3-DA - Hillview
Development Corporation: Hillview Development Corporation, represented by Land Consultants Inc.,
is requesting a Comprehensive Plan text amendment from I-unit per acre to two-units per acre, a rezone
from A (Agricultural) to R-I-DA (Residential - up to I-unit per acre with development agreement) and
R-3-DA (Residential- up to 3-units per acre with development agreement). The 47.8-acre site is located
approximately one-quarter mile east of Ballantyne Lane on the south side of Floating Feather Road at
1501 and 1601 West Floating Feather Road.
Bandy introduces the item.
Mark Butler with Land Consultants Inc. representing Hillview Development.
application.
City Planner, Jeff Lowe, reviews the staff report.
Butler reviews the
Bandy opens the public hearing.
Harold Edwards, owner of lot II Downing Downs subdivision, 845 Preakness Dr. Eagle, Idaho. His
property is adjacent to the proposed property to the west. Mr. Edwards reads a letter into the record.
Opposed to the proposal, feels the increase in density is inappropriate and inconsistent with neighboring
properties. A number of adjoining property owners own livestock. The proposed lot size is inconsistent
with and incompatible with existing density- The proposal will negatively impact traffic. Fencing
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around the proposed property would need to protect existing property owners livestock. Feels the lot size
should be no smaller than one acre per lot.
Bill Parks, 1010 Hialeah Dr. Eagle, Idaho. Has similar concerns to those expressed by Mr. Edwards.
Concerned with the negative impact on traffic, schools, and the existing aquifer
CJ Northrup 1161 Hialeah Dr. Eagle, Idaho. Reiterates concerns previously expressed. Believes the
current Comprehensive Plan is appropriate and completely adequate and does not need to be amended.
Pat Miller 959 Preakness Eagle, Idaho. Very concerned with compatibility with the livestock he
currently has on his property and new property owners. Does not feel that the proposal would greatly
increase pedestrian traffic as indicated by the applicant's representative. The Comprehensive Plan is
appropriate, and does not need to be changed.
Betty Miller 959 Preakness Eagle, Idaho. Notes that at petition was distributed and 104 people signed it.
The petition expressed the desire to have low density (minimum 1 acre lots), in this area and compatible
lots. Feels the proposal fails in the areas of density and compatibility. Quotes from the Soaring 2020
Plan.
Christopher Clark, 1041 Steeple View Dr. Eagle, Idaho. Feels there is a compatibility issue.
Frank Stoppello 782 Arlington Dr. Eagle, Idaho. Speaking on behalf on his wife and two neighbors.
Comments on the importance of the Comprehensive Plan. Feels the density should remain 1 unit per
acre. Everyone has the right to develop their property, but they must still justify it as it applies to the
Comprehensive Plan. Feels that the proposal would violate the Land Use Planning Act and requests the
Commission deny the
Marvin Kolsky 889 Preakness Dr. Eagle, Idaho. Opposes the proposal for a number of reasons. Is not a
compatible proposal, and would like the density to remain low
Barbara Kolskey 889 Preakness Eagle, Idaho. Feels the density is too high. The applicant is not in the
best interest of the community.
Gregg Nicholas 971 Preakness Dr. Eagle, Idaho. States that he had met with the applicant previously.
Feels density is an issue and the proposal is not compatible. Will negatively impact schools and traffic.
Requests the application be denied. Would like to work with Hillview Development to come to a more
appropriate proposal.
Harv Babendure 1043 Downing Drive Eagle, Idaho. Feels the proposal would attract more urban minded
residents as opposed to the more rural residents that are currently residing in the area. The density is too
intense. The Comprehensive Plan should not be amended.
Ellis Harrison, 882 Steeple View Eagle, Idaho. Agrees with previous testimony given. Concerned with
school children safety and the increase of traffic.
Andrea Glasier lives in the Lochwood Subdivision, 1851 W. Woodvalley Eagle, Idaho. Agrees with
most of the testimony give. The proposal will negatively impact schools, water and traffic. Feels this
would set a precedent if approved. Would like the application to be denied.
Ann Ritter 1270 W. Beacon Light Rd. Eagle, Idaho. Comments on Meridian School District enrollment
for the Eagle area. Would like the Commission to take into consideration the impact on the school
district their decisions may make.
Dane Steck 1797 W. Floating Feather Dr. Eagle, Idaho representing the Mike Maltair property. Their
lifestyle would be negatively impacted by increased density.
Bill Hurt 837 Preakness Dr. Eagle, Idaho. Comments on lot size and density. Would like the zoning
designation to remain one lot per acre.
Janet Buchardt 235 W. Floating Feather Road Eagle, Idaho. Feels requiring the developer to include
curb, gutter and sidewalk is appropriate. Comments on the street configuration. Feels the density is too
Page 2 of 4
K:IP&Z\MINUTES\Te~orary Minutes Work AreaIPZ-O3-07-05min.doc
intense.
Penny Hart 837 N. Preakness Dr. Eagle, Idaho. Would like the zoning to remain the same.
Chuck Rosco lives in Lexington Hill, and is a realtor. Feels the proposal is very well thought-out.
Lori Campbell 1020 Pimlico Dr. Eagle, Idaho. Opposed to the development, anything more than an acre
would be inappropriate.
Butler rebuts testimony and comments on the traffic study by ACHD for Floating Feather Road. The
number of trips per day this proposal would generate would still fall within ACHD's acceptable
standards for Floating Feathers street designation. Comments on the impact on the school district.
Discusses compatibility issues and the value of the proposed development agreement.
Richard Tomlinson 1778 Snead Place Eagle, Idaho. Mr. Tomlison is the engineer for this proposal.
Comments on irrigation for this application. Discusses retaining on site drainage for the proposal.
Bandy closes the public hearing.
Discussion amongst the Commission. Pierce does not like the idea of amending the Comprehensive Plan
for this area at this time. Marks feels the plan is well thought out with the lower density lots on the
perimeter with the higher density towards the middle, likes the open space and proposed park.
Acknowledges the testimony concerning existing livestock on acreages. This may end up being a
development very similar to The Colony Subdivision, with larger estate type homes with larger lawns.
The call for acreage for livestock is no longer a current trend in Eagle. Lien is concerned with the impact
to schools that was brought up in testimony, as well as traffic. Does not feel the need to modify the
Comprehensive Plan. Bandy agrees with a lot of the comments made by the other Commissioners. Notes
that the Comprehensive Plan was very recently modified. Would ultimately like to see this application
come back as perhaps a Planned Unit Development. It is a well planned development just not at this
location.
Bandy moves to deny CPA-3-0S & RZ-3-0S Comprehensive Plan Text Amendment From One-Unit
Per Acre to Two-Units Per Acre, Rezone With Development Agreement From A to R-I-DA & R-3-
DA the application for a number of the issues discussed tonight, included density, lack of
coordination with the current comprehensive plan. The Commission recommends that Council
review the Comprehensive Plan and all of the work that has been put it into it. Also that they
should be aware of all of the testimony of from the neighbors tonight. Seconded by Lien. ALL
A YE...MOTION CARRIES.
B. PP-7-04 - Symphony Subdivision - Park Hampton LLC: Park Hampton LLC is requesting
preliminary plat approval for Symphony Subdivision, a 24-10t (2-residential, IS-commercial, 4-common)
commerciallresidential subdivision. The 16.05-acre development is generally located at the northeast
comer of State Highway 44 and Park Lane. This item was continuedfrom the February 7, 2005 meeting\
Bandy introduces the item.
John Woods representing Park Hampton LLc. reviews the application.
City Planner, Jeff Lowe, reviews the staff report.
Bandy opens the public hearing.
No one from the public chooses to speak.
Mr. Woods notes that he is trying to work with a few of the remaining property owners on Flint Drive.
Bandy closes the public hearing.
Discussion amongst the Commission.
Marks moves to approve PP-7-04 Symphony Subdivision as presented. Seconded by Lien. ALL
A YE...MOTION CARRIES.
Page 3 of 4
K:IP&Z\MINUTES\Te~orary Minutes Work AreaIPZ-O3-07-05min.doc
D. PP-2-05 - Covenant Subdivision - PP-2-05 - Hillview Development Corporation: Hillview
Development Corporation, represented by Land Consultants Inc., is requesting preliminary plat approval
for Covenant Subdivision. The 47.8-acre, 106-10t (95-buildable, II-common) subdivision is located
approximately one-quarter mile east of Ballantyne Lane on the south side of Floating Feather Road at
1501 and 1601 West Floating Feather Road. This item will be continued to the March 21,2005 meeting.
5.
6.
NEW BUSINESS:
REPORTS:
a. Commission:
b. City Attorney:
c. Staff:
ADJOURNMENT:
7.
Hearing no further business, the Commission meeting adjourned at p.m.
RESPECTFULLY SUBMITTED:
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SHARON K. BERGMANN
CITY CLERK/TREASURER
PHI LIP 1. BANDY
.
CHAIRMAN /'
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL.
Page 4 of 4
K:IP&Z\MINUTESITemporary Minutes Work AreaIPZ-O3-07-05mindoc
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: CPA-3-05 & RZ-3-05 Comprehensive Plan Text Amendment From One -Unit Per
Acre to Two -Units Per Acre, Rezone With Development Agreement From A to R-1-DA &
R-3-DA — Hillview Department Corporation:
March 7, 2005 at 6:30 p.m.
PLEASE PRINT LEGIBLY
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: CPA-3-05 & RZ-3-05 Comprehensive Plan Text Amendment From One -Unit Per
Acre to Two -Units Per Acre, Rezone With Development Agreement From A to R-1-DA &
R-3-DA — Hillview Department Corporation:
March 7, 2005 at 6:30 p.m.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: PP-7-04 — Symphony Subdivision — Park Hampton LLC
March 7, 2005 at 6:30 p.m.
PLEASE PRINT LEGIBLY
NAME , ,
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TELEPHONE
PRO?
CON?
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I • I • I .AI IS 0 1 e no :MVO I
Looking South from Covenant Hill
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INTER
OFFICE
City of Eagle
Zoning Administration
To: Planning and Zoning Commissio ers
From: Jeff T. Lowe, AICP, Planner II —
Subject: Symphony Subdivision — PP-7-04 — Park Hampton LLC
Date: March 7, 2005
Attachment(s): N/a
Copy To: N/a
The applicant has requested that this item be moved to the end of the public hearing agenda. Since it is
anticipated that a large number of people will be in attendance for the Covenant Hill Comprehensive Plan
Amendment, the applicant wanted to relieve the audience of sitting through the Symphony hearing.
Page 1 of 1
K:\Plannmg Dept\Eegle ApplicationASUBS\2004\Symphouy Sub me3.doc
Land Consultants Inc.
52 N. 2ND Street • Eagle Idaho 83616 • Office 208.938.3812 • Fax 208.938-5873
CITY OF EAGLE
March 4, 2005
City of Eagle
Attention: Planning and Zoning Commissioners
310 E. State Street
Eagle, ID 83616
MA3 2005
RE: ITEM 4C— Comprehensive Plan Text amendment, Rezone with Development Agreement
Dear Commissioners,
Attached please fmd the site plan exhibit (Covenant Hill), which is a part of our Comprehensive Plan
and rezone with development agreement application, for your review.
We look forward to presenting our applications.
Sincerely,
Representing Hillview Development Corporation
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West
Single-family residential
R-E and R-1
Roadway
Right -of -Way
Lanes/Street Section
Improvements
Floating Feather
50'
2 travel lanes abutting
the site.
2 travel lanes with center
turn lane to the east of
the site.
No curb, gutter, or sidewalk abutting the site.
There is curb, gutter, and sidewalk adjacent
to the east of the site on both the north and
south sides of Floating Feather Road.
3. Existing Roadway Improvements & Right -of -Way Adjacent To and Near the Site
4. Existing Access: There are four existing driveways accessing Floating Feather Road.
5. Site History: ACHD has not previously reviewed this site for a development application.
Development Impacts
6. Trip Generation: This development is estimated to generate 930 additional vehicle trips per
day (20 existing) based on the Institute of Transportation Engineers Trip
Generation Manual.
7. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any
building permits. The assessed impact fee will be based on the impact fee
ordinance that is in effect at that time.
8. Traffic Impact Study: A traffic impact study was not required with this application.
9. Impacted Roadways:
Roadway
Frontage
Functional
Classification
Traffic Count
Level of
Service
Speed
Limit
Floating
Feath
1,324'
Collector
4,649 est of
- - Road on
5/20/03
Better
than
"C"
35 MPH
Eagle
None
Minor Arterial
12,818 north of
State on 1/21/04
Better
than "C"
35 MPH
Ballantyne
None
Collector
2,729 north of
State on 4/22/03
Better
than "C"
30 MPH
ei,›
*Acceptable level of service for two lane collector roadway is "D" (9,5 VPD).
*Acceptable level of service for a three lane arterial roadway is "D' 17 000 VPbv
10. Capital Improvements Plan/Five Year Work Program
There are no roadways, bridges, or intersections in the vicinity of the site that are schedule in either
the District's Five Year Work Program or the Capital Improvements Plan.
B. Findings for Consideration
1. Right -of -Way
Collector Policy/Floating Feather Road: District policy requires 70-feet of right-of-way on
collector roadways (Figure 72-F1 B). This right-of-way width allows for the construction of a 3-lane
roadway with curb, gutter, 5-foot wide detached sidewalks and bike lanes.
2
IMPACT FEES
TO BE PAID
BY
COVENANT HILL
BUILDERS
$141,645
95 homes x $1,491 per home
ADDITIONALLY
Covenant Hill is improving Floating Feather Road along its
frontage with curb, gutter, and street widening. At the ACHD cost
for their planned widening of Floating Feather Road east of Eagle
Road the improvements being constructed by Covenant Hill are
valued at approximately
$184,000.
SCHOOLS COST ANALYSIS
A.Meridian School District: $8,000 per student
cost
$5,000 State Tax
$2,500 Property Tax (all
properties including residential,
commercial, etc.)
$500 Federal funds
36+/- kids per class
Questions of accommodation, discipline
and educational level
B.Foundations Academy: $3,500 per student cost
16+/- kids per class
No modulars, emphasis discipline, and
high educational level
i.e.: Latin in 2" Grade, Greek in 8th
Grade, advanced Math, Science and
History
C.Bishop Kelly: $7,000 per student cost
26+/- kids per class
No modulars, emphasis discipline, and
high educational level
RIGHT TO FARM ACT
THIS DEVELOPMENT RECOGNIZES SECTION 22-4503 OF THE IDAHO
CODE, RIGHT TO FARM ACT, WHICH STATES: "NO AGRICULTURAL
OPERATION OR AN APPURTENANCE TO IT SHALL BE OR BECOME A
NUISANCE, PRIVATE OR PUBLIC, BY ANY CHANGED CONDITIONS IN OR
ABOUT THE SURROUNDING NONAGRICULTURAL ACTIVITIES AFTER
THE SAME HAS BEEN IN OPERATION FOR MORE THAN ONE (1) YEAR,
WHEN THE OPERATION WAS NOT A NUISANCE AT THE TIME THE
OPERATION BEGAN; PROVIDED, THAT THE PROVISIONS OF THIS
SECTION SHALL NOT APPLY WHENEVER A NUISANCE RESULTS FROM
THE IMPROPER OR NEGLIGENT OPERATION OF ANY AGRICULTURAL
OPERATION OR APPURTENANCE TO IT."
PROPOSED CONVENIENT HILL CC&R CONDITION TO PROTECT
AGRICULTURAL RIGHTS OF DOWNING DOWN'S PROPERTIES
The owners of Covenant Hill acknowledge that the properties abutting to the
east "Downing Downs Subdivision" include agricultural uses such as the
raising of livestock. No such agricultural use or any appurtenance to it shall
be considered a nuisance by the Covenant Hill property owners provided
that any such use or appurtenance thereof is not considered a nuisance by
Eagle City Code and further provided that the provisions of this section shall
not apply whenever a nuisance results from the improper or negligent
operation of any agricultural use or appurtenance to it.
COMPATIBILITY COMPARISON
COVENANT 11-ILL- 1D - ' OR-
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COVENANT
HILL
HEREFORD ESTATES
4.75 4.728
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E SIZE OFLOTS
HILL; L.350
GE SQ FT: 146
AVEE SIZE OF'
IN HE EFORD ES
3.90
VE't E SQ FT:
3.81 2.33
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AVERAGE SIZE 9F'
LOTS IN / COUNTRYSIDE E
---Tt NTRYSIDE
/ ESTATES: .355 I
AVERAGE SQ FT:
15463.8,E L
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COMPATIBILI]
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HEREFORD
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