Minutes - 2005 - Planning & Zoning - 07/05/2005 - Regular
THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
July 5, 2005
Minutes
ORIGINAL
1.
2.
CALL TO ORDER: Meeting called to order at 6:30 p.m.
ROLL CALL: Present: ASPITARTE, LIEN, MARKS, PIERCE. Absent: BANDY. 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 Ru]es of Order.
. Any item on the Consent Agenda that contains written recommendations from the City of Eag]e
shaH be adopted as part of the Planning & Zoning Commission's Consent Agenda approval
motion unless specificaHy stated otherwise.
A. Minutes of June 20, 2005.
B. Findine:s of Fact and Conclusions of Law for 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 chi]dcare
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 comer of State Highway 44 and South Eagle Road at 655 South Rivershore Lane.
C. Findine:s of Fact and Conclusions of Law for A-IO-04/RZ-16-04 - Annexation and
Rezone From RUT to BP-DA - Red Cliff Development: Red Cliff Development,
represented by Bob Unger, is requesting an annexation and rezone from RUT (Rural Urban
Transition) to BP-DA (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.
D. Findine:s of Fact and Conclusions of Law for PP-8-04 - Optimist Park No.2 Subdivision
- Red Cliff Development: Red Cliff Deve]opment, represented by Bob Unger, is requesting
preliminary plat approval for Optimist Park Subdivision No.2. The 9.8-acre, 7-lot
commercia] subdivision is located approximately 700-feet south of Hill Road on the west
side of Horseshoe Bend Road at 88] 1 North Horseshoe Bend Road.
E. Findine:s of Fact and Conclusions of Law for 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 Deve]opment, LLC, represented by Shawn Nickel with
SLN Planning, Inc., is requesting a rezone from R-E (Residentia] Estates) to R-3-DA
(Residentia] Three with a development agreement), and conditional use, preliminary
development plan, and preliminary plat approvals for Corrente Bello Planned Unit
Deve]opment, a ]37-]ot (l08-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 ofF]oating Feather Road approximately lh-mile west of Eag]e Road.
F. Findine:s of Fact and Conclusions of Law for 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
, Page 1 of 5
K:IP&Z\MINUTESITemporary Minutes Work AreaIPZ-O7 -O5-O5min.doc
plat approval for Two Rivers Subdivision No. ] 1, a ] 9-lot (l5-buildable, 3-common, ]-
private road) residential subdivision. This 14.85-acre phase of Quarter Circle Ranch PUD is
located approximately 450-feet west of Eag]e Road and south of West Two Rivers Drive and
east of South Channel Way.
G. Findine:s of Fact and Conclusions of Law for A-4-05/RZ-6-05 - Annexation and Rezone
From RUT to R-E - Lynn and Gayle McKee: Lynn and Gayle McKee are requesting an
annexation and rezone from RUT (Rura] Urban Transition) to R-E (Residentia] Estates). The
6.49-acre site is located on the southeast comer of Beacon Light Road and Ballantyne Road
at 1963 W. Beacon Light Road.
Pierce requests that item 3E be removed from the consent agenda.
Lien moves to approve the consent agenda as amended. Seconded by Aspitarte. ALL
AYE. ..MOTION CARRIES.
4. UNFINISHED BUSINESS: Consent agenda item 3E, Findings of Fact and Conclusions of Law for
RZ-7-05/CU-3-05/PPUD-2-05/PP-7-05 - Corrente Be1lo Planned Unit Deve]opment - Carmen, LLC and
Gemstar Development, LLC.
Discussion amongst the commission. The Commission would like to send a note to City Council that
Commissioner Pierce has some concerns with utilizing the entrance and the traffic that it would generate,
and possibly seeking an alternative to what had been presented at the Planning and Zoning meeting.
Aspitarte moves to close item 3E. Seconded by Pierce. ALL AYE...MOTION CARRIES.
Marks moves item 6A, FPUD-4-05/FP-6-05 - Fina] Development Plan and Fina] Plat for Two Rivers
Subdivision No. 12 - T. R. Company LLC., to be heard before the public hearings.
Dan Torfin, with T.R. Company, LLC., reviews the application.
City Planner, Barb Cerda, reviews the application.
Aspitarte moves to approve FPUD-4-05/FP-6-05 - Final Development Plan and Final Plat for Two
Rivers Subdivision No. 12 - T. R. Company LLC with the condition that there is a five foot gravel
path within lot 38, block 21. Seconded by Pierce. ALL AYE.. .MOTION CARRIES.
5. PUBLIC HEARINGS:
A. 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 (Residentia] up to 2 units per acre). The ]4.6-acre, 30
lot subdivision (24 buildable, 6 common) is located on the west side of Park Lane
approximately one-half mile north of F]oating Feather Road at ] 835 Park Lane. This item
was continuedfrom the June 20,2005 meeting.
B. PP-6-05 - Moffat Subdivision - Chad Moffat: Chad Moffat, represented by Roylance &
Associates, is requesting preliminary plat approval for Moffat Subdivision. The] 4.6-acre,
30 lot subdivision (24 buildable, 6 common) is located on the west side of Park Lane
approximately one-half mile north of F]oating Feather Road at ] 835 Park Lane. This item
was continuedfrom the June 20, 2005 meeting.
Marks introduces the item.
Page 2 of 5
K:IP&Z\MINUTESITemporary Minutes Work AreaIPZ-O7-O5-O5min.doc
Jason Densmer, with Roylance and Associates, reviews the applications and staff report.
City Planner, Barb Cerda, reviews the application and staff report.
Marks opens the public hearing.
Mark Butler, with the Land Consultants, disagrees with staff s recommendation for the pathways and
stub street.
Jason Densmer comments on the pathway and stub streets.
Marks closes the public hearing.
Discussion amongst the Commission.
Lien moves to recommend to the City Council approval for A-3-05 & RZ-5-05 Annexation and
Rezone from RUT to R-2. Seconded by Aspitarte. ALL AVE...MOTION CARRIES.
Further discussion amongst the Commission.
Marks moves to approve PP-6-05 - Moffat Subdivision - Chad Moffat with the following changes:
omit item No.5 and No.7 within the Site Specific Condition of Approval, on condition No. 17
that this be put before the Parks and Pathways Committee for their recommendation and approval
and this be sent to City Council with a note to examine the possibility and their thoughts on adding
a stubbed street to the south. Seconded by Lien. ALL AVE...MOTION CARRIES.
C. RZ-9-05/PP-8-05 - Covenant Hill Subdivision - Hillview Development: Hillview
Development, represented by Land Consultants, is requesting a rezone from A (Agricultural)
to R-I-DA (Residential up to I unit per acre) with a Development Agreement and
preliminary plat approval for Covenant Hill Subdivision a 44-lot (41-buildable, 3-common)
subdivision. The 47.8-acre subdivision is located approximately one-quarter mile east of
Ballantyne Lane, on the south side of Floating Feather Road at 1501 & 1601 W. Floating
Feather Road.
Marks introduces the item.
Mark Butler, with The Land Group, reviews the application, staff report and development agreement.
City Planner, Mike Williams, reviews the staff report.
Marks opens the public hearing.
Betty Miller, 959 Preakness, likes the low density in the development but has concerns with the lots that
are sideways. She would like to have a buffered area between her property and the development.
Pat Miller, 959 Preakness, would like to see single level houses. Has concerns about the proposed
pathway.
Bill Hart, 837 Preakness, concerned with the fence line between Downing Downs and the development
and who would have to be responsible for the fence.
Page 3 of 5
K:IP&z\MINUTESITemporary Minutes Work AreaIPZ-O7-05-05min.doc
Mike Malterre, 1797 W. Floating Feather, happy with the development layout, likes the smaller streets
but has concerns about the sidewalks.
Marvin Kolsky, 889 Preakness, believes the houses should be restricted to single level. Wants there to be
something in the CC&R's to protect his rights as a livestock owner.
C.J. Northrup, 1161 Hialeah, concerned with the depth of the lots and would like to have houses be
limited to single story. Believes the sidewalk should be built.
Penny Hart, 837 Preakness, would like to see the area kept agricultural.
Harold Edwards, 865 Preakness, has concerns regarding pathway along the canal.
Mike Chase, 70 W. Floating Feather Road, believes that the commission has done a good job recognizing
issues. Has some concerns but believes they can all work together as one community.
Rich Tomlison, 1778 Snead Place, discusses the roads, utilities, irrigation issues and the sidewalk.
Marks closes the public hearing
Mark Butler rebuts testimony.
Discussion amongst the Commission.
Aspitarte moves to recommend approval for RZ-9-05 - Covenant Hill Subdivision - Hillview
Development with the amendment that 2.5 read: The comprehensive plan shows this path south of
this property where it is better suited due to existing development to the north. Seconded by Lien.
ALL A YE...MOTION CARRIES.
Marks notes that the path is adjacent to the canal and whether or not it would be allowed. Marks would
like to make a note to ask Parks and Pathways for their thoughts on this issue.
Aspitarte amends motion and moves to recommend approval of RZ-9-05- Covenant Hill
Subdivision - Hillview Development, with the Site Specific Condition change to 2.5: The
comprehensive plan shows this path south of this property where it is better suited due to existing
development to the north and the Parks and Pathways Commission of the City of Eagle should
review this application and give their recommendation. Seconded by Lien. ALL
AYE. ..MOTION CARRIES.
Discussion amongst Commission.
Aspitarte moves to recommend approval of PP-8-05 - Covenant Hill Subdivision with Site Specific
Conditions of Approval amendments: Number 4, All living trees that do not encroach upon the
buildable area of the lot or upon any area planned for streets and sidewalks shall be preserved,
strike or as otherwise determined, add: unless removal is permitted by the City Forester.
Number 6, All utility poles providing service to the existing structures on the, add: development,
site shall be removed and service lines shall be buried underground. Number 7: The applicant
shall place a note on the final plat which states that the buffer area abutting Floating Feather Road
and the entry island is to be located within the common lots to be owned and maintained by the
homeowner's association, add: except that an alternative method of compliance may be permitted
by the City along the frontage of the existing home planned to be retained (Lot 9, Block 2). Site
Specific Condition of Approval Number 8: The developer shall construct a 5-foot wide meandering
Page 4 of 5
K:\P&Z\MINUTESITemporary Minutes Work AreaIPZ-O7-O5-O5min.doc
sidewalk within the common lots abutting Floating Feather Road and will follow the ACHD's
guidelines and directions pertaining to the construction of that meandering sidewalk. Number 9:
This will read the same as 2.5 on the rezone: The comprehensive plan shows this path south of this
property where it is better suited due to existing development to the north, (Downing Downs) and
will be reviewed with recommendations and approval given by Parks and Pathways of the City of
Eagle. Seconded by Marks. ALL AYE...MOTION CARRIES.
6. NEW BUSINESS:
A. FPUD-4-05/FP-6-05 - Final Development Plan and Final Plat for Two Rivers
Subdivision No. 12 - 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. 12, a IS-lot (9-buildable, 5-common, 1 -private road) residential subdivision.
This 3.54-acre phase of Quarter Circle Ranch PUD is located on the southwest comer of
West Two Rivers Drive and Eagle Road.
See above motion.
7. REPORTS:
A. Commission
B. City Attorney
C. Staff: Log Book Clarification
8. ADJOURNMENT:
Hearing no further business, the Commission meeting adjourned at 9: 15 p.m.
Pierce moves to adjourn. Seconded by Marks. ALL AYE...MOTION CARRIES.
RESPECTFULLY SUBMITTED:
JL~. K~
SHAR N K. BERGMANN
CITY CLERK/TREASURER
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL.
Page 5 of 5
K:IP&Z\MINUTESITemporary Minutes Work AreaIPZ-O7-O5-O5min.doc