Minutes - 2005 - Planning & Zoning - 08/15/2005 - Regular
THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
August 15, 2005
Minutes
ORIGINAL
1. CALL TO ORDER: Meeting called to order at 6:45 p.m.
2. ROLL CALL: Present: BANDY, MARKS, PIERCE, ASPITARTE. Absent: LIEN. 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 detemrined 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 August I, 2005.
B. Findim!:s of Fact and Conclusions of Law for CU-IO-05 - Church Facilitv Expansion -
Eal!:le Church of the Nazarene: Eagle Church of the Nazarene, represented by Jim Main
with Design West Architects, is requesting a conditional use permit to construct a 9,934-
square foot building expansion. The 21.38-acre site is located on the south side of West
State Street approximately 3,200-feet west of Eagle Road at 1001 West State Street.
C. Findinl!:s of Fact and Conclusions of Law for V.I-05 - Variance From the Fiftv Foot
Floodwav Setback from Drv Creek - Eal!:le Church of the Nazarene: Eagle Church of
the Nazarene, represented by Jim Main with Design West Architects, is requesting variance
approval to construct a building expansion within the fifty foot (50') floodway setback from
Dry Creek. The 21.38-acre site is located on the south side of West State Street
approximately 3,2OO-feet west of Eagle Road at 1001 West State Street.
D. Findinl!:s of Fact and Conclusions of Law for CU-08-05 - Childcare Facilitv - Jennifer
Vandersnick: Jennifer Vandersnick, represented by Chris Pearson, is requesting conditional
use approval to construct a 3,500-square foot childcare facility. The 0.18-acre site is located
on the south side of East Iron Eagle Drive approximately 660-feet east of East Plaza Drive
within Rocky Mountain Business Park (Lot 3, Block 1, Merrill Subdivision No.5).
E. Findinl!:s of Fact and Conclusions of Law for PP-9-05/CU-7-05/PPUD-3-05 - Bellemeade
Planned Unit Development - Tom Ricks and John Wood: Tom Ricks and John Wood,
represented by Becky McKay with Engineering Solutions, LLP, are requesting preliminary
development plan, conditional use, and preliminary plat approvals for Bellemeade Planned
Unit Development, a 62-lot (48-buildable, 14-common) planned residential development.
The 15.75-acre site is located north of West State Street on the east side of Park Lane at 312
North Park Lane, 3850 West Flint Drive, and 3855 West Flint Drive.
F. Findinl!:s of Fact and Conclusions of Law for PP/FP-3-05 - Combined Preliminarv and
Final Plat for Erland Subdivision No.1. Bob Erland: Bob Erland, represented by Tim
Mokwa with Toothman-Orton Engineering, is requesting combined preliminary plat and final
plat approval for Erland Subdivision No. I (a re-subdivision of parcel "c" of Merrill
Subdivision), for a 2-lot commercial subdivision. The 1.638-acre development is located on
the south side of East Iron Eagle Drive approximately 1,800 feet west of Edgewood Lane.
Page I of 6
K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-08-15-05min.doc
G. V AC-02.05 - Vacation to the final plat of Countrvside Estates Subdivision No. 1- Ford
Familv Revocable Trust: The Ford Family Revocable Trust, represented by Jason Densmer
with Roylance & Associates, P.A., is requesting City approval of a vacation to the final plat
of Countryside Estates Subdivision No. I to remove the utility, drainage and irrigation
easement along the common side lot line of Lots 2 and 3, Block I, to satisfy a lot line
adjustment. The utility, drainage and irrigation easement required for the side lot line will be
satisfied with the creation of a new easement along the new common side lot line. The site is
located on the north side of West Holly Mountain Drive at 2078 and 2164 West Holly
Mountain Drive.
Pierce moves to remove V AC-02-05 from the consent agenda. Seconded by Marks. ALL
A YE...MOTION CARRIES.
Marks moves to approve the consent agenda, items A through F. Seconded by Aspitarte.
ALL A YE...MOTION CARRIES.
Bandy calls for a voice vote to approve item 3G, V AC-02-05. ALL A YE...MOTION
CARRIES.
4. UNFINISHED BUSINESS: None
5. PUBLIC HEARINGS:
A. CU-ll-05 - Heil!:ht Exception for Rivendell Music Academv - Ken & Marv Cenell: Ken
and Mary Cenell, represented by Slichter Architects, are requesting conditional use approval
for a height exception to allow a 42' -ll" -foot peak of roof and 45' -5" to top of spires,
building for Rivendell Music Academy. The height exception (the portion of the building
above 35-feet) is for the purpose of accommodating the design and pitch of the roof with
spires. The 3.75-acre site is located approximately 6oo-feet north of State Highway 44 at
3415 West Flint Drive.
Bandy introduces the item.
Ken Cenell, 3300 W. State Street, requests approval of the application.
City Planner, Mike Williams, reviews the staff report.
Bandy opens the public hearing.
No one from the public chooses to speak.
Bandy closes the public hearing.
Ken Cenell stands for questions from the commission.
Diseussion amongst the commission.
Bandy moves to recommend to the Council approval for CU.ll-05 . Height Exception for
Rivendell Music Academy. Seconded by Pierce. THREE AYE, ONE NAY
(Marks)...MOTION CARRIES.
B. ZOA-4-05. Zoninl!: Ordinance Amendment - Clark Development: Bill Clark, with
Clark Development, is proposing to amend Eagle City Code Title 8, Chapter 2, Section l, to
include in the definition of Development Agreement the provision to use of a development
agreement in lieu of a PUD (Planned Unit Development) for areas included in the Soaring
2025 Western Area Plan.
Bandy introduces the item.
Bill Clark, with Clark Development, reviews the item.
City Planner, Nichoel Baird Spencer reviews the staff report.
Page 2 of 6
K:\P&Z\MINUTEs\Temporary Minutes Work Area\PZ-08-1S-0Smin.doc
City Attorney, Susan Buxton explains why the City would prefer a Development Agreement
instead of a Planned Unit Development and that it is far more enforceable in court if there is a
violation.
Bandy opens the public hearing.
Ray Mickelson, 2519 Weaver Circle, agrees that a development agreement is a good idea but he
also thinks that conditions of approval are an important aspect of the application process.
Steve Sweeney, 3531 Fieno Ct. in Cavallo Subdivision, has questions and concerns about the
development agreement process, and court issues or violations that have arisen in the past.
Bandy closes the public hearing.
City Planner, Nichoel Baird Spencer addresses questions and concerns from the public testimony
and explains a Development Agreement is used in lieu of a PUD but goes through the same
hearing process as Planned Unit Development. She also explains that it is an additional layer of
requirements and confofffiants that need to be met within the application. Bandy has concerns
about the development agreement process. Baird explains that this would be another aspect of
the application process.
City Attorney, Susan Buxton explains more legal aspects. Explains why a violation would not be
in the interest of the developer and how it could revert back to the original land use. Questions
from the Commission. The Commission would get to review all aspects of a development
agreement and any amendments.
Discussion amongst the commission.
Aspitarte moves to recommend for approval ZOA-4-05 - Zoning Ordinance Amendment
for Clark Development. Seconded by Marks. ALL A YE...MOTION CARRIES.
C. A-08-05/RZ-12-05/PP-ll-05 - Park Place Partners. LLC: Park Place Partners, LLC,
represented by Bill Clark with Clark Development, is requesting a annexation and a rezone
from RUT (Rural Urban Transition) to R-2-DA (Residential 2 units per acre with a
development agreement), and preliminary plat approval for Park Place Gardens a 231-lot
(190-buildable, 41-common) planned residential development. The 95.32-acre site is located
between Meridian Road and Park Lane approximately 1,300 feet north of Floating Feather
Road.
Bandy introduces the item.
Bill Clark, with Clark Development, explains there will be more than one person presenting the
application.
Brad Barker, 651 N. Strata Via Way, reviews the application and explains the different aspects of
the development.
Bill Clark discusses that the agreement to purchase the property was based on the City's vision of
the Western Area Plan, he also discusses school and traffic issues.
Phil Hull, with the Land Group, discusses the amenities of the development. Discusses the roads
surrounding the development, Park Lane and Meridian Road, perimeter/landscape buffers, and
planter strips. He also discusses the community gardens and clubhouse.
Frank Martin, 5892 Hidden Springs Drive, developer of Hidden Springs. Discusses planning and
community open space and different aspects of the application. Believes this development will
more than pay for itself.
Tim Sullivan, 514 W. Emerald, Appraiser, discusses property values in the Eagle. Does not
believe this development will have a negative impact.
Page 3 of 6
K:\P&Z\MINUTES\Temporary Minutes Wor1< Area\PZ-Oa-15-05min.doc
Jane Suggs, representing Roth Homes, did home projects for Alderwood Village and Paddy Row.
Discusses the variety of different homes and values of the properties.
Bill Clark touches base on items in the staff report regarding open space, planter strips and
staffs recommendation of lot size. Bandy and Pierce have concerns regarding the transitional lot
sizes on the periphery of the property.
A short recessed is called.
The meeting is called back to order at 8:25 p.m.
City Planner, Nichoel Baird Spencer reviews the application and the staff report and stands for
questions from the commission.
Bandy opens the public hearing.
Aspitarte asks Bill Clark to elaborate on the pathway to the south. Bill Clark states that the
neighbors did not want the pathway. They felt that it would be an intrusion of their space.
Representation for Homeowners associations of surrounding subdivisions.
A.J. Bonner is here representing the Home Owners Associations in the surrounding area. Of the
proposed area. Feels there are compatibility issues with the current proposal. Discusses traffic
flow issues. Feels there wasn't enough notice to the public for the current Soaring 2025 Plan.
Addresses the ZOA that the commission recommended approval to the City Council. Is
requesting the commission deny the application.
Ray Mickelson, 2519 Weaver Circle, discusses the notification for the public before the Soaring
2025 plan adoption. Believes that the notices were confusing and property owners did not have
proper notice of the Comprehensive Plan change. Believes the area in this application should be
zoned R-E to be consistent with current developments in the surrounding areas.
Steve Sweeney, Cavallo Subdivision feels there are safety issues with the traffic density. Is
requesting the commission deny the application.
Steven Johnson, 3101 W. Champagne Court, has concerns about the school that has been in
discussion. Schools in the area are all over capacity.
Chuck Roscoe, 2236 E. Gladstone, discusses real estate aspects and property values, roads/cul-
de-sacs. Feels the development does not belong in the proposed area.
Jerry Sullivan, 1736 N. Claredon Way, Canterbury Subdivision, discusses narrow roads, traffic
density and the fact the existing subs out there not having any sidewalks or curbs. Safety issues.
Requests that the commission deny the application.
A.J. Bohner discusses the advertisement for the open houses that were in the Statesman and
again asks that the commission zone the area R-E.
Dan Gliver, , 3426 North Croft Way, President of Buckhorn Estates Homeowner's Association,
does not agree that the density is good for the surrounding areas. Would like to see the
application denied.
Crystal Minafey, Cavallo Estates, 3332 W. Vieno Drive. Reads a letter she says she received
from the City which was welcoming her to Eagle.
Bob Vaughan, 4026 W. Bravehart Lane, Loch Lomond, Discusses traffic issues. Feels the
development density would have a negative effect on existing developments.
Barb Jackal, 2862 N. Haven Drive, Believes Eagle should stay rural.
Page 4 of 6
K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-OB-15-05min.doc
Kathy Pinnisi, 3675 N. Saddleman Place. Discusses the impact the development would have on
the schools. Says the soonest we would get another school would be three years. Would like the
commission to deny the application.
Bandy moves to continue the public hearing to the September 6, 2005. Seconded by Pierce.
ALL A YE...MOTION CARRIES.
D. A.I0-05 & RZ-14-05 . Annexation and Rezone From RUT to PS - Citv of Eal!:le: The
City of Eagle, represented by William E. Vaughan, is requesting an annexation and rezone
from RUT (Rural Urban Transition) to PS (Public Semi-Public) for the Eagle/Ada Sport
Complex. The +/- 80-acre site is generally located on the northeast corner of the Floating
Feather Road and Horseshoe Bend Road intersection at 3151 Goose Creek Road.
Bandy introduces the item.
City Planner, Nichoel Baird Spencer and City Attorney Susan Buxton, review the application.
Bandy opens the public hearing
Bev Ross, 9989 Janey, has questions regarding the water use and water towers for the
application. Has a concem about the parking spaces and traffic issues.
Linda Everett, 10945 Janey Road, has concerns with what the rezone would bring. Wants to
make sure it would be a public park.
Lynette Dubai, 1890 N. Charocreek Way, asks if the Eagle Police Department would be
patrolling the area.
Jack Dunn, Runway Drive in Sage Acres Subdivision, concerns about ownership of the area and
water issues.
Joan Robertson, 1770 Jaden Rd., has concerns about water, mosquitoes and traffic issues. Feels
the area should be preserved.
Jake Johnson, 1070 Jaden Road, has concerns regarding the water and traffic issues.
Bandy closes the public hearing.
Discussion amongst commission. City Attorney, Susan Buxton makes some clarifications.
Marks moves that application number A-IO-05 & RZ-14-05, recommend that if City
Council does decide to annex that we change the rezone from RUT to PS. Seconded by
Pierce. ALL A YE...MOTION CARRIES.
6. NEW BUSINESS: None
7. REPORTS:
A. Commission:
B. City Attorney
C. Staff
8. ADJOURNMENT:
Pierce moves to adjourn. Seconded by Marks. ALL A YE...MOTION CARRIES.
Hearing no further business, the meeting adjoumed at 11 :25 p.m.
Page 5 of 6
K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ.08-15-05min.doc
RESPECTFULLY SUBMITTED:
APPROVED:
)1.;;---0 \<( 6,~~
SHA ON K. BERGMANN
CITY CLERK/TREASURER
(fllt~ bJr
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL.
Page 6 of 6
K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-08-15-05min.doc