Minutes - 2005 - Planning & Zoning - 09/19/2005 - Regular
THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
September 19, 2005
Minutes
ORIGINAL
1. CALL TO ORDER: Meeting called to order at 6:40 p.m.
2. ROLL CALL: Present: BANDY, LIEN, PIERCE, ASPITARTE. Absent: MARKS. 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 September 12, 2005.
Lien moves to approve the consent agenda as presented. Seconded by Aspitarte. ALL
AYE...MOTION CARRIES.
4. UNFINISHED BUSINESS: None
Bandy moves to move item 5A to the end of the agenda, just prior to the zoning amendment
requested by the City. Seconded by Lien. ALL AYE...MOTION CARRIES.
5. PUBLIC HEARINGS:
A. A_ll_04/RZ_17_04/CU_10_04/PPUD_3_04/PP_9_04N AC-2-04 Ea21efield Estates
Subdivision Planned Unit Development - D.H. Development. LLC: Eaglefield, LLC,
represented by Landmark Engineering & Planning Inc., is requesting an annexation and rezone
from RR (Residential Rural) to R-2-P (Residential up to two units per acre POO), R-4-P
(Residential up to four units per acre POO) and MU-P (Mixed Use POO), conditional use,
preliminary development plan, preliminary plat and vacation of right-of-way approvals for
Eaglefield Estates Subdivision planned unit development. The 142.4-acre, 419-lot (377-
buildable-362 single family lots and 15 four-plex lots, and 44 common) residential subdivision
is generally located 650-feet west of Linder Road and north of State Highway 44.
Bandy introduces the item.
Clint Boyle, with Landmark Engineering, reviews the application.
Peter Harris, Eagle, Idaho. Discusses the different product types that are proposed for the project.
David Alcox, 3040 Crescent Rim Drive, has had several meetings with the Legacy Group
regarding the possibilities of future owners becoming members of the Legacy facility. They did
not pursue that option any further as they did not want to have this be a burden on any of the new
owners.
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Nichoel Baird Spencer, City Planner, reviews the staff report. She requests guidance from the
commission for writing the conditions for the application due to this being one of the first
applications towards the west.
Bandy opens the public hearing.
Scott Reeser, 499 N. Linder Road, believes that the development is a good idea and has no
problems with the development. He does have concerns about the smaller lot sizes being near his
approximately two acre lot.
Jean Harding, 3065 Floating Feather Drive, he is in a development partnership with the applicant.
He discusses "Smart Growth" for the project.
J.D. Simplot, 6126 State Street, business address, partner of the development. Disagrees with
staffs decision to decrease lot sizes. Believes that it is a great planned community. He believes
that the application should be approved tonight.
Bill Krom, 2924 W. Deerfield Court, Eagle, Idaho. Discusses the fact that snout nosed garages
would not happen in this community. Believes this community is what the people of Eagle would
want.
General discussion amongst the commission.
Pierce moves to continue the application to the next meeting. Seconded by Aspitarte. ALL
A YE...MOTION CARRIES.
A short recess is called.
B. A-ll-05/RZ-15-05 - Dustin Simpson: Dustin Simpson, represented by Angela Cornish and
Doug Bergey with Associated Land Surveyors, is requesting annexation and rezone from RUT
(Rural Urban Transition) to R-E (Residential Estates). The 5-acre site is located on Tabasco
Trail approximately 800-feet east of Park Lane at 3664 Tabasco Trail.
C. PPIFP-4-05 - Esperanza Estates - Dustin Simpson: Dustin Simpson, represented by Angela
Cornish and Doug Bergey with Associated Land Surveyors, is requesting preliminarylfinal plat
approval for Esperanza Estates (a re-subdivision of Lot 2, Block 1, Tabasco Subdivision). The
5-acre, 2-10t subdivision is located on Tabasco Trail approximately 800-feet east of Park Lane
at 3664 Tabasco Trail.
Bandy introduces the items.
Dustin Simpson, 3664 Tabasco Trail, reviews the application and addresses the private road
currently existing and requests that a public road not be required at this time.
Mike Williams, City Planner, reviews the staff report. Staff recommends approval of the
annexation and rezone but recommends denial of the combined preliminary and final plat.
Bandy opens the public hearing.
Lynn Proctor, who Jives south of the location of the application, opposes the application as it is
and has concerns regarding the private road.
Michael Hester, 3950 W. Night Hawk Lane, representing the three lots that are in Puffin Park
Subdivision. Wants the road to be paved so not to increase the dust for other residents in the area.
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Dustin Simpson discusses the issues and costs of doing a public road.
Bandy closes the public hearing.
Discussion amongst the commission.
Pierce moves to approve A-ll-05/RZ-15-05 - Dustin Simpson. Seconded by Aspitarte. ALL
AYE...MOTION CARRIES.
Discussion amongst the commission.
Lien moves to recommend denial of PPIFP-04-05 - Dustin Simpson application. Seconded
by Aspitarte. ALL A YE...MOTION CARRIES.
D. RZ-16-05 - Beverlv Gross: Beverly Gross, represented by Charlene Quade with Richard
Cummins Law Offices, is requesting approval of a rezone from A-R (Agricultural-
Residential) to R-2-DA (Residential-two units per acre) with development agreement. The .65
acre site is located in the southeast corner of Lot 6, Block 3 of Rocket Bar Subdivision at 2139
North Edgewood Road.
Bandy introduces the item.
Char Quade, with Richard Cummins Law Offices, reviews the application. She is requesting that
annexation to the City services not be required at this time. She would like to have the
development agreement require that if the lot sells at a later time that city services would be
required then.
Susan Buxton, City Attorney, explains the basic purpose of the standard clauses included in a
development agreement. She explains that it would be difficult to track this development
agreement differently than other development agreements.
Nichoel Baird Spencer, City Planner, notes that because this application would not be recorded
like a subdivision, it would have to be tracked differently by P&Z and the building department.
Mike Williams, City Planner, reviews the staff report. He discusses the reasons that city services
should be required prior to the Record of Survey being signed.
Bandy opens the public hearing.
Dave Elledge, owns the property to the east and would be purchasing the property from Beverly
Gross. Wants to have a private back yard. At this time would like to keep the lot as a yard.
Christine Edwards Allred, 2480 N. Edgewood Road in Rocket Bar Subdivision, would like Mike
Williams to address if this would set a precedent for subdividing lots that are now zoned at 5 acres.
Mike Williams states that the rest of Rocket Bar Subdivision lies in the R-E designation and that
only this particular lot falls in the R-2 designation.
Char Quade asks for a point of clarification from Susan Buxton. She asks if Mr. Elledge would
have to comply with the development agreement, once the lot is purchased by him. Susan Buxton
responds that whoever acquires the land would have to comply.
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Phil Drick, 1652 E. High Gate Court, discusses access to the lot. He would not have any objection
to the approval of the application.
Bandy closes the public hearing.
Discussion amongst the commission, attorney and staff.
Aspitarte moves to approve RZ-16-05 as it stands with staff recommendations. Seconded by
Lien. ALL A YE...MOTION CARRIES
A short recess is called.
E. ZOA-5-05 - City of Ea2le: The City of Eagle is proposing to amend Eagle City Code 96-5-
23,98-7-5 (D), (F), & (G), 99-2-3 and 99-3-9 to provide clarification and linkages between the
zoning and subdivision chapters (ECC Chapter 8 & 9) to the Eagle Water System provisions
(ECC Chapter 6). Establishing when and how the provision of water supply is required as a
condition of annexation and/or approval of new development within the City of Eagle.
Bandy introduces the item.
Susan Buxton, City Attorney, and Nichoel Baird Spencer review the application and stand for
questions from the commission.
Bandy moves to approve item ZOA-5-05. Seconded by Pierce. ALL AYE...MOTION
CARRIES.
6. NEW BUSINESS: None
7. REPORTS:
A. Commission: None
B. City Attorney: Susan Buxton, City Attorney, lets the commission know they should use their
discretion on the amount of time that they may need to review applicant
information that comes in late or the day of the hearing. What is considered
public record? Discussion amongst staff, attorney and commission regarding
the issue.
C. Staff: None
8. ADJOURNMENT:
Pierce moves to adjourn. Seconded by Aspitarte. ALL AYE.. .MOTION CARRIES.
Hearing no further business, the meeting adjourned at 10:10 p.m.
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RESPECTFULLY SUBMITTED:
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'-"SHARON K. BERGMANN
CITY CLERK/TREASURER
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A TRANS CRIB ABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL.
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K:\P&Z\MlNUTES\TelTlpurary Minutes Wurk Areu\PZ-09-19-05min.DOC
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
A-11-04/RZ-17-04/CU-10-04/PPUD-3-04/PP-9-04/VAC-2-04 - Eaglefield Estates Subdivision
Planned Unit Development
September 19, 2005 at 6:30 p.m.
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Page 1 of 1
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
A-11-05/RZ-15-05 - Dustin Simpson
September 19, 2005 at 6:30 p.m.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
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Page 1 of 1
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
ZOA-5-05 — City of Eagle
September 19, 2005 at 6:30 p.m.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
0
Page 1 of 1
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
RZ-16-05 - Beverly Gross
September 19, 2005 at 6:30 p.m.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
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Page 1 of 1
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
PP/FP-4-05 - Esperanza Estates - Dustin Simpson
September 19, 2005 at 6:30 p.m.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
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Page 1 of 1