Minutes - 2005 - Planning & Zoning - 06/20/2005 - Regular
THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
June 20, 2005
Minutes
1.
2.
CALL TO ORDER: Meeting called to order at 6:30 p.m.
ROLL CALL: Present: LIEN, BANDY, MARKS, PIERCE, ASPITARTE. 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 June 6, 2005.
B. Findines of Fact and Conclusions of Law for A-5-05/RZ-8-05 - Eaele Sewer District:
The Eagle Sewer District, represented by Daren Fluke with J-U-B Engineers Inc., is
requesting an annexation and rezone from RUT (Rural Urban Transition) to PS-DA
Public/Semi-public with a development agreement. The 53.2-acre site is located on the south
side of State Highway 44 approximately 200-feet west of Ballantyne Road at 1993 West
State Street.
C. Findines of Fact and Conclusions of Law for CU-4-05 - Eaele Sewer District: The Eagle
Sewer District, represented by Daren Fluke with J-U-B Engineers Inc., is requesting a
conditional use permit to allow for expansion of the existing wastewater treatment facility.
The 53.2-acre site is located on the south side of State Highway 44 approximately 200-feet
west of Ballantyne Road at 1993 West State Street.
Pierce moves to approve the consent agenda as presented. Seconded by Marks. ALL
A YE...MOTION CARRIES.
4. UNFINISHED BUSINESS:
A. A-12-04 & RZ-18-04 - The City of Eaele: The City of Eagle is proposing an annexation and
rezone from RR (Residential) to A-R (Agricultural-Residential), PS(Public/Semi-Public), R3(Residential
3), R4(ResidentiaI4), MU-DA(Mixed Use with a Development Agreement. The 620+/- acre is divided
by State Highway 16 the eastern area is generally located east of State Highway 16, west of Palmer Lane,
south of Beacon Light Road and approximately 4,300-feet north of State Highway 44. The western
portion is generally located west of State Highway 16, east of Pollard Lane, South of the Farmers Union
Canal and approximately 2600 feet north of Floating Feather Road. This item has been withdrawn.
Bandy notes this application has been withdrawn.
Apitarte moves to place item 5A to be heard first for public hearings. Seconded by Marks. ALL
AYE...MOTION CARRIES.
Bandy notes that public hearing item SA is being remanded back to staff in order to meet hearing
notification requirements.
5.
H.
PUBLIC HEARINGS:
A-4-05 & RZ-6-05 Annexation and Rezone From RUT to R-E - Lynn and Gavle McKee:
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Lynn and Gayle McKee are requesting an annexation and rezone from RUT (Rural Urban Transition) to
R-E (Residential Estates). The 6.49-acre site is located on the southeast corner of Beacon Light Road and
Ballantyne Road at 1963 W. Beacon Light Road. This item was continued/rom the June 6,2005
meeting.
Bandy introduces the item.
City Planner, Nichoel Baird Spencer, reviews the staff report.
Bandy opens the public hearing.
No one chooses to speak.
Bandy closes the public hearing.
Discussion amongst the Commission.
Marks moves to recommend approval to the City Council of A-4-05 & RZ-6-05 Annexation and
Rezone from RUT to R-E with the site specific and standard conditions of approval. Seconded by
Lien. ALL AYE...MOTION CARRIES.
A. CU- 7-98-MOD - Eal!le County Plaza Shoppinl! Center - William Hodl!es: Eagle Country
Plaza, LLC, represented by William Hodges, is requesting modification to the conditional use permit for
the Eagle City Market to allow vehicular access from the shopping center to enter and exit the eastern
most driveway on Chinden Boulevard which was required to be closed per site specific condition number
18 of the original approval. The 7.5-acre site is located at the northeast corner of Chinden Boulevard and
Eagle Road. Staff is requesting this item be continued to the July 18, 2005 meeting.
Remanded back to staff, see above comment by Chairman Bandy.
B. CU-2-98-MOD - Montessori Childcare Center - B.B. One: B.B. One, LLC, represented by
Jody Malterre, is requesting conditional use approval to add 4,459-square feet to the existing 9,500-
square foot Montessori childcare center (space expansion within the same building) and to expand the
outdoor play area by 8,000-square feet. The 2.9-acre site is located within Channel Center Subdivision
near the southwest corner of State Highway 44 and South Eagle Road at 655 South Rivershore Lane.
Bandy introduces the item.
Jody Malterre, reviews the application.
City Planner, Nichoel Baird Spencer, reviews the staff report. Draws the Commissions attention to the
letter submitted by the City Engineer stating that any modification to the storm drain storage basin would
need to be designed and inspected by a licensed engineer. Also comments on the need for a staff level
review and approval of any landscaping modifications proposed as a result of this conditional use
modification request.
Bandy opens the public hearing.
No one chooses to speak.
Bandy closes the pubic hearing.
Discussion amongst the Commission.
Aspitarte moves to approve CU-2-98-MOD Montessori Childcare Center with the site specific and
standard conditions of approval, adding the stipulation that any modifications to the play
equipment shall be reviewed and approved at staff level. Seconded by Pierce. ALL
AYE.. .MOTION CARRIES.
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Bandy explains that item C & D will be heard at the same time but separate motions will be made.
No representative from Roylance and Associates is in attendance to represent item C & D.
Bandy moves to table item C & D to the end of the meeting to allow the applicants ample
opportunity to attempt to make the meeting. Seconded by Pierce. ALL A YE...MOTION
CARRIES.
C. A-3-05 & RZ-5-05 - Annexation and Rezone from RUT to R-2 - Chad Moffat: Chad Moffat,
represented by Roylance & Associates, is requesting an annexation and rezone from RUT (Rural Urban
Transition) to R-2 (Residential up to 2 units per acre). The 14.6-acre, 30 lot subdivision (24 buildable, 6
common) is located on the west side of Park Lane approximately one-half mile north of Floating Feather
Road at 1835 Park Lane. This item was continued from the May 2, 2005 meeting.
Moved to end of meeting.
D. PP-6-05 - Moffat Subdivision - Chad Moffat: Chad Moffat, represented by Roylance &
Associates, is requesting preliminary plat approval for Moffat Subdivision. The 14.6-acre, 30 lot
subdivision (24 buildable, 6 common) is located on the west side of Park Lane approximately one-half
mile north of Floating Feather Road at 1835 Park Lane. This item was continued from the May 2,2005
meeting.
Moved to end of meeting.
Bandy notes that item E & F will be heard at the same time and separate motions will be made.
E. A-IO-04 & RZ-16-04 - Annexation and Rezone From RUT to BP - Red Cliff Development:
Red Cliff Development, represented by Bob Unger, is requesting an annexation and rezone from RUT
(Rural Urban Transition) to BP (Business Park) for Optimist Park Subdivision No.2. The 9.8-acre site is
located approximately 700-feet south of Hill Road on the west side of Horseshoe Bend Road at 8811
North Horseshoe Bend Road. This item was continued from the June 6, 2005 meeting.
F. PP-8-04 - Optimist Park No.2 Subdivision - Red Cliff Development: Red Cliff Development,
represented by Bob Unger, is requesting preliminary plat approval for Optimist Park Subdivision No.2.
The 9.8-acre, 7-lot commercial subdivision is located approximately 700-feet south of Hill Road on the
west side of Horseshoe Bend Road at 8811 North Horseshoe Bend Road. This item was continuedfrom
the June 6, 2005 meeting.
Bandy introduces the item.
Bob Unger, 988 Longmont Boise, Idaho representing Red Cliff Development. Mr. Unger reviews the
application.
City Planner, Nichoel Baird Spencer reviews the staff report.
Bandy opens the public hearing.
No one chooses to speak.
Bandy closes the public hearing.
Discussion amongst the Commission.
Lien moves to approve A-IO-04 & RZ-16-04 - Annexation and Rezone From RUT to BP and PP-8-
04 Optimist Park No.2 Subdivision with the addition of the development agreement. Seconded by
Aspitarte. Discussion. Amends to clarify that the Commission is recommending approval of the
Annexation application to the City Council. ALL AYE...MOTION CARRIES.
G. RZ- 7-05/CU-3-05/PPUD-2-05/PP- 7-05 - Corrente Bello Planned Unit Development -
Carmen. LLC and Gemstar Development. LLC: Carmen, LLC and Gemstar Development, LLC,
represented by Shawn Nickel with SLN Planning, Inc., is requesting a rezone from R-E (Residential
Estates) to R-3-DA (Residential Three with a development agreement), and conditional use, preliminary
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development plan, and preliminary plat approvals for Corrente Bello Planned Unit Development, a 137-
lot (108-new buildable, I-existing home located on Lot 20, Block 2, and 28-common) planned residential
development. The 94.89-acre site is located on the north side of Floating Feather Road approximately Y2-
mile west of Eagle Road.
Bandy introduces the item.
Shawn Nickel, 52 N. Second St. Eagle, Idaho representing Carmen, LLC and Gemstar Development
LLC. Mr. Nickel reviews the application. Requests an amendment to site specific condition number 26
to clarify that that approval from Meridian School District is needed. Comments on the requested
extension of Washam Road, as he has requested ACHD reconsidered their action on this item. The last
issue is in regards to the existing access on Floating Feather Road the applicant is requesting the access
at this point be retained.
City Planner, Nichoel Baird Spencer, reviews the staff report.
Bandy opens the public hearing.
Kay Johnson, 1750 Washam Road Eagle, Idaho. Concerned with the deviation in the Comprehensive
Plan in regards to density. Mr. Johnson Would like Washam Road to remain undeveloped as required by
Ada County Highway District. Has no objection to the use of Washam for emergency access and
pedestrian access only.
Stephanie Helms, 1782 W. Janet Court Eagle, Idaho. Lives in a subdivision to the west of this
development. Has met with the developer regarding attempting to line up lot line areas. Concerned with
the open ditch and how the development will address the safety issues it may pose. Is supportive of the
proposed subdivision, the developer has made a good effort to work with adjoining property owners.
Concerned with what will happen with Washam Road. The sidewalk along Floating Feather will be a
welcome addition.
Rick Phillips, 1348 Washam Road Eagle, Idaho. Has lived here for almost 30 years. Comments on the
drain ditches and that there is rarely water in them. Mr. Phillips is pleased with the larger lots on the
perimeter. Concerned with the safety of the children who walk Washam Road each day to get to a bus
stop. If the use of Washam Road is increased as required by Ada County Highway District would cause
a great a great deal more traffic and decrease the safety of the kids. Would like Washam Road to be used
only for emergency access and pedestrian traffic or if improvements are required, that curb gutter and a
sidewalk is provided to increase safety.
Brian DeHaas, 1758 W. Janet Ct. Eagle, Idaho. The developer has been quite amiable to work with.
Comments on the new Comprehensive Plan and the recent changes and his displeasure with a
Comprehensive Plan that changes. Mr. DeHaas is concerned with the ditch on the west side of the
property. He would like the developer to address building heights.
Blake Mays, owns the large 9 acre lot in this development. He is very opposed to eliminating the
entrance on Floating Feather Road. He is not opposed to moving the gate back off of Floating Feather so
as to not impede traffic. Does not want to have to drive a horse trailer through the proposed subdivision
and feels it will create a hazard to do so. Very adamant the entrance remains.
Melinda Seivers 1425 N. Hess Lane Eagle, Idaho. Feels the development goes against the spirit of the
Comprehensive Plan. Concerned with the negative impact on traffic and on the natural spring. Would
like the density to be revised so that the traffic will then decrease.
David Bailey with Bailey Engineering, 1500 E. Iron Eagle Eagle, Idaho. Mr. Bailey is the Engineer for
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the project. He comments that Drainage District No.2 is the controlling factor for the drainage ditch
which has been discussed. They will not be modifying the ditches other than straightening them up, as
allowed by Drainage District No.2. Comments on the modifications proposed for Mr. Mayes entrance to
his residence, and ACHD standards.
Lyle Skidmore 1535 Washam Road Eagle, Idaho. Concerned that Washam Road would have emergency
vehicles driven down it, and also does not Washam Road widened and a sidewalk put it. Feels that
property values would be negatively impacted. Child safety is a big concerned. Does not want the
pedestrian traffic, it will be a safety issue as well.
Mike Chase, 70 W. Floating Feather Road Eagle, Idaho. Feels that overall it is a good proposal.
Concerned with some of the drainage on the property, but feels that the engineer would address that.
Comments on the access to the site.
Bandy closes the public hearing.
Shawn Nickel rebuts testimony. Is open to working with the adjoining neighbors regarding the fencing
of the property along the west and north of the property to determine type of fencing, it may be
something to be addressed in CC&R's. Comments on entrances to the subdivision. A traffic study was
done and Washam Road was not considered in that study as a viable entrance. Feels the use of Washam
Road for emergency access would be a very rare occurrence.
Discussion amongst the Commission. Marks feels that Mr. Mays voiced valid concerns about keeping
his entrance. Would like to see it moved back off of Floating Feather Road. Apitarte and Lien agree
with Mr. Marks. Bandy would like Washam Road to be improved only in so far as to make it possible to
accommodate improvement should development later occur along Washam Road, also provide
improvements to for pedestrian use and emergency access only. Side 2 tape 2
Deputy Clerk notes that the recording equipment has malfunction since the tape has been turned over to
side 2. The only portion not accounted for on tape is the tale end of Commission discussion and
Mr.Aspitarte's motion. Mr. Aspitarte restates his motion to ensure that it is captured on tape.
Aspitarte moves to approve RZ- 7-05/CU-3-05/PPUD-2-05/PP- 7-05 Corrente Bello Planned Unit
Development recommend approval with the following amendments staff recommendation for
rezone 2.4 that staff refer to site specific condition of approval number 6. That on site specific
condition number 6 it read "provide a revised preliminary plat, preliminary development plan
showing the removal of the gate and abutments at the existing Floating Feather Road access to lot
20 block 2, and the relocation of the those gates and abutments behind the berm and striking the
rest of the condition. Site specific condition number 7 shall comply with all conditions of ACHD
with the exception of the condition of the extension of Washam Road. The applicant shall provide
a revised preliminary plat/preliminary development plan showing a 50-foot wide pedestrian and
emergency access connection from Washam Road. This access shall be noted as a potential future
right of way on the plat notes. On site specific condition number 24, it should read Floating
Feather Road instead of Beacon Light Road. Site specific condition of approval number 26, the
applicant shall provide, with approval of Joint School District No.2 a revised preliminary
development plan/preliminary plat showing direct pedestrian access point between this
development and the middle school preferably at Costa Bello. Site specific condition of approval
number 35 The Design Review Board shall pay particular attention to the design and protection of
the Drainage District No.2 drain located along the western edge of the property. Seconded by
Bandy. ALL AYE...MOTION CARRIES.
Bandy moves table items C & D to the next regularly scheduled meeting. Seconded by Marks.
ALL A YE...MOTION CARRIES.
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6. NEW BUSINESS:
A. FPUD-3-05 & FP-5-05 - Final Development Plan and Final Plat for Two Rivers Subdivision No.
11- T. R. Company LLC: T. R. Company LLC, represented by Dan Torfin, is requesting final
development plan and final plat approval for Two Rivers Subdivision No. 11, a 19-1ot (IS-buildable, 3-
common, I-private road) residential subdivision. This 14.85-acre phase of Quarter Circle Ranch PUD is
located approximately 4S0-feet west of Eagle Road and south of West Two Rivers Drive and east of
South Channel Way.
Bandy introduces the item.
Dan Torfin, representing T.R. Company. Mr. Torfin reviews the application.
City Planner, Nichoel Baird Spencer reviews the staff report.
Marks moves to approve FPUD-3-05 & FP-5-05 - Final Development Plan and Final Plat for Two
Rivers Subdivision No. 11. Seconded by Pierce. Discussion. Amend the motion to state
recommend to City Council for approval. ALL A YE...MOTION CARRIES.
7. REPORTS:
a. Commission:
b. City Attorney:
c. Staff:
8. ADJOURNMENT:
Hearing no further business, the Commission meeting adjourned at 9:4S p.m.
Pierce moves to adjourn. Seconded by Lien. ALL AYE...MOTION CARRIES.
RESPECTFULLY SUBMITTED:
~~\.(~
./ SHARON K. BERGMANN
CITY CLERK/TREASURER
APPROVED:
J1,1l-
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL.
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
Subject: RZ-7-05/CU-3-05/PPUD-2-05/PP-7-05- Corrente Bello Planned Unit Development
- Carmen, LLC and Gemstar Development, LLC:
June 20,2005
6:30 p.m.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
{\ -0011 1'�n 17 5G ti.Z5t icy Y,.�1 �1 �6es 7
cisp
0-6 w_A4,44-fv,
1 1 614114nS OS% W ,ktbeder GT 9 38 -s6zo
Page 1 of 1
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
Subject: CU-7-98-MOD-Eagle County Plaza Shopping Center-William Hodges:
June 20,2005
6:30 p.m.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
�.te4.f(J� sysn ��:,�`�� _ 2 DO— '3?— 24 5/y �-
1p,-At , pf.a-y13 /SS7 LIJ id 0,314ni 9v3 ‘-1- 37
'T77 Teo 1p rT5- 9 _5> 0 7 3�
Page 1 of 1
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
Subject: A-4-05& RZ-6-05 Annexation and Rezone From RUT to R-E-Lynn and Gayle
McKee:
June 20,2005
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: CU-2-98-MOD- Montessori Childcare Center- B.B. One:
June 20,2005
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: A-3-05& RZ-5-05-Annexation and Rezone from RUT to R-2-Chad Moffat:
June 20,2005
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: PP-6-05-Moffat Subdivision-Chad Moffat:
June 20,2005
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: A-10-04 & RZ-16-04-Annexation and Rezone From RUT to BP- Red Cliff
Development:
June 20,2005
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: PP-8-04-Optimist Park No.2 Subdivision-Red Cliff Development:
June 20,2005
6:30 p.m.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
Page 1 of 1
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RECEIVED & FILED
CITY OF EAGLE
EHOLLADAY ENGINEERING CO. JUN172005
ENGINEERS • CONSULTANTS
File:
32 N. Main P.O. Box 235 Payette, ID 83661 Route to:
(208) 642-3304 • Fax# (208) 642-2159
June 16, 2005
Bill Vaughan
Zoning Administrator
City of Eagle
310 E. State St.
Eagle ID 83616
RE: City of Eagle Job No. CU-2-98 Eagle Montessori School
HECO Project No. Eg012605_BB
Dear Mr. Vaughan:
Holladay Engineering Company has received a proposed site modification and conditional use
modification for the Eagle Montessori School. It appears that these modifications may impact an
existing storm water storage basin. This system was previously engineered to treat runoff from
the North Channel Subdivision. We recommend that any modifications to this system be
designed and inspected by a licensed engineer. Any modifications shall be reviewed by the City
to ensure that the original-design minimum storage volumes and function of the system have
been maintained.
If you have any further questions,please call.
Sincerely,
HOLLADAY ENGINEERING COMPANY
B 'f/JZ aeo--,E��« By: /
Y•
Kenneth R. Rice, P.E. Kasey Ketterhng, E.I.T.
Acting City Engineer Staff Engineer
Cc:
WATER • WASTEWATER • SOLID WASTE • PUBLIC UTILITIES • STRUCTURES • PLANNING • STUDIES