Minutes - 2006 - Planning & Zoning - 02/27/2006 - Regular
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION
February 27, 2006
Minutes
ORIGINAL
1. CALL TO ORDER:
2. ROLL CALL: JACOBS, PIERCE, MARKS, ASPITARTE, Absent: LIEN
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 ofthe Planning & Zoning Commission's Consent Agenda
approval motion unless specifically stated otherwise.
A. Minutes of February 6, 2005.
B. Findines of Fact and Conclusions of Law for A-16-05 & RZ-23-05 - Annexation and
Rezone from RR (Rural Residential) to A-R (Aericultural Residential) - City of
Eaele/KuesterlDeckers: The applicants are requesting approval of an annexation and rezone
from RR (Rural Residential) to A-R (Agricultural Residential). The l8.84-acre site is
generally southwest of the intersection of Floating Feather Road and Palmer Lane at 1707 &
1725 N. Palmer Lane.
Aspitarte moves to approve the consent agenda. Seconded by Pierce. ALL
AYE...MOTION CARRIES.
4. UNFINISHED BUSINESS: None
5. PUBLIC HEARINGS:
A. RZ-21-05 - Rezone from A-R to R-E - Georee Bond: George Bond is requesting approval
of a rezone from A-R (Agricultural-Residential) to R-E (Residential-Estates - one unit per
two acres). The 4.8-acre site is located on the east side of Ballantyne Lane approximately
1,320-feet south of West Floating Feather Road (Lot 1, of Baker's Acres Subdivision).
Marks introduces the item.
George Bond reviews the application.
Mike Williams, City Planner, reviews the staff report.
Marks opens the public hearing.
Gerald Robinson, 1229 W. Hereford Drive. In favor of the application because they would like to
do the same thing to their property.
James Choat, 1250 Hereford Drive. Owns Lots 9 &10. Some of the homeowners in the
subdivision had a meeting on the 18th of October. They do not want the subdivision to change.
Susan Wildwood, Attorney, here representing some of the lot owners in opposition of the
application discusses the subdivision CC&R's..
Greg Holmes, 1553 Hereford Drive. He and his wife are in opposition of the application.
Discusses the Covenants for the subdivision.
Dave Maffey in opposition of the application.
A recess is called.
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Meeting reconvenes at 7:35 p.m.
Chris Holmes, 1553 Hereford Drive. Does not believe there is a mortgage issue and that should
not be a reason for a split..
Tracy Calvin, 1424 Holford Drive. Is not in favor of the application. Wants the homeowners to
decide what the subdivision should do.
Cindy White, 1515 Hereford Drive. Opposed to the application. Would like the area to stay 5
acres.
Virgil Hicks, 1423 Hereford. Opposed to the split.
Laura Bond, wife of the applicant. There were 3 issues discussed at a meeting she was unable to
attend. Discussed some traffic issues brought up at this meeting.
Ron Sedlacek, does not live in Baker's Acres. Reads a letter that discusses the 2000 Comp Plan.
Would like the application to be denied. The letter was submitted into the record.
George Bond rebuts testimony. Discusses the amended 2001 CC&R's. Discusses the financing
of the home he would like to build for his mother and that it would need to be a separate dwelling
rather than an attached dwelling.
Marks Closes the public hearing.
Discussion amongst the commission.
Aspitarte moves to recommend denial for RZ-21-05 - Rezone from A-R to R-E. Seconded
by Jacobs. ALL AYE...MOTION CARRIES.
B. CU-OI-06 - Buildine: Heie:ht Exception - Meridian Joint School District No 2: Meridian
Joint School District No.2, represented by Wayne Thowless with LKV Architects, is
requesting conditional use permit approval for a building height exception of 38' 6" for the
Galileo Math and Science Magnet School. The site is located on the southeast comer of West
Saguaro Drive and North Linder Road approximately 1,700-feet north of West State Street at
4735 West Saguaro Drive (Lot 1, Block 3, Senora Creek Subdivision).
Marks introduces the item.
Wayne Thowless with LKV Architects reviews the application.
Mike Williams, City Planner, reviews the staff report.
Marks opens the public hearing.
No one from the public chooses to speak.
Marks closes the public hearing.
Discussion amongst the Commission.
Aspitarte moves to recommend for approval CU-OI-06 - Building Height Exception.
Seconded by Marks. ALL AYE...MOTION CARRIES.
C. CU-13-05 - Personal Wireless Facility - Clearwire LLC: Clearwire LLC, represented by
Cameron McFaddan with Legacy Wireless Services, is requesting conditional use approval to
construct a personal wireless facility on an existing baseball field light pole at Eagle High
School. The 49-acre site is located on the northeast comer of North Park Lane and Nephi
Lane specifically at 574 North Park Lane.
Marks introduces the item.
Bill Verschuren, City Planner, reviews the staff report.
Marks opens the public hearing.
No one from the public chooses to speak.
Marks closes the public hearing.
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Aspitarte moves that on CU-13-05 - Personal Wireless Facility - Clearwire LLC application,
that we approve it or we recommend for approval this application based on them putting a
nesting box or equivalent nesting apparatus on top of the pole due to the location of the
osprey nest. Seconded by Pierce. ALL AYE.. .MOTION CARRIES.
D. A-17-05!RZ-24-05/CU-14-05/PPUD-07-05/PP-I6-05 Bella Terra Planned Unit
Develooment - Ted Martinez: Ted Martinez, represented by Jason Densmer with The Land
Group Inc., are requesting annexation and rezone from RUT (Rural Urban Transitional- Ada
County designation) to R-2-P (Residential two units per acre maximum-PUD), conditional
use, preliminary development plan, and preliminary plat approvals for Bella Terra Planned
Unit Development, an 89-lot (73-buildable, l6-common) planned residential development.
The 37.79-acre site is located on the east side of North Linder Road approximately one
quarter mile north of West Floating Feather Road.
Marks introduces the item.
A short recess is called.
Meeting is called back to order at 8:40 p.m.
Jason Densmer, with The Land Group, reviews the application.
Mike Williams, City Planner, reviews the staff report.
Marks opens the public hearing.
Gary McKeath, 22840 Conrad Court. Supports the application. Believes this subdivision would
be good for Eagle.
Justin Alderson, 2348 N. Battle Creek Place, Eagle. Is opposed to the project. Believes this is a
situation of spot zoning. Has concerns with the density of this subdivision. Suggests that the
applicant make more of a transition.
Gaylord Dubie, 4310 Linder Road. In favor of the project and believes it would be an asset.
Steve Martinez, 1772 West Sugarberry. Comments on staff's recommendation for larger lots and
open space. Discusses the road through the center ofthe plat.
Bryan Oliver, 5357 North Ebbitts, Boise. Is in favor of the project.
Ted Martinez, 1875 Stream Point Lane. Believes they have done a good job with the open space.
Discusses affordability oflots in Eagle. Discusses the 75 foot width that staff recommended.
Mike Shostead, 504 I Aberdeen Road. In favor of the project. Believes the smaller lots are what
people are looking for.
Kyan Newman, 1905 Chayenne Way. Is in favor of the project. Discusses the demographic
mixture of this project and the boulevard in the center ofthe project.
John Couer, 871 E. Shadow Creek Lane. Believes this neighborhood would be affordable.
Discusses the common areas in the subdivision.
Stephanie Davis, 1232 E. Winding Creek. Believes that the boulevard is a great plan and would
bring the community together. Likes the way the development is planned.
Greg Gridley, 8980 Old Castle Drive, Middleton. In favor of the project.
Randy Halman, 4807 Little Feather Lane, Eagle. Discusses the small lots in the development and
zoning changes that have taken place. Does like the project.
Foad Rhogini 4175, Eagle. Owns the property immediately to the south of this property.
Discusses that Bravehart was developed when there was no sewer in the area. Also discusses the
opposition of the Park Place project compared to this project. Supports the application.
Ken Croff, 137 North Cove Colony Way, Eagle. Believes the transition is too abrupt. Has
concerns about traffic and lot amounts.
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Jason Densmer rebuts testimony and stands for questions.
Mike Williams, City Staff, addresses applicant's comments and questions from the Commission.
Marks closes the public hearing.
Discussion amongst the Commission.
Pierce moves to recommend approval for A-17-051RZ-24-05/CU-14-05/PPUD-07-0S/PP-16-
05 - Bella Terra Planned Unit Development with all of the Site Specific Conditions of
Approval with the exceptions of removing #7, replace #8 with adding some kind of traffic
calming to deal with people driving through that boulevard who are looking for people
going from open space to space. Removing #10. #15 leave that and also add in it all the
drainage shall remain on each lot. Add another Site Specific Condition that all pathways
will be at least 6 foot wide with a minimum of 25 foot open space around a 6 foot path way.
Seconded by Jacobs. Discussion amongst the Commission. ALL AYE...MOTION
CARRIES.
A short recess is called.
Meeting reconvenes at 10:20.
6. NEW BUSINESS:
A. Findinl!s of Fact and Conclusions of Law for CU-OI-06 - Buildinl! Heil!ht Exception -
Meridian Joint School District No 2: Meridian Joint School District No.2, represented by
Wayne Thowless with LKV Architects, is requesting conditional use permit approval for a
building height exception of 38' 6" for the Galileo Math and Science Magnet School. The
site is located on the southeast comer of West Saguaro Drive and North Linder Road
approximately 1,700-feet north of West State Street at 4735 West Saguaro Drive (Lot 1,
Block 3, Senora Creek Subdivision).
Marks introduces the item.
Marks moves to approve the Findings of Fact and Conclusions of Law for CU-0l-06 -
Building Height Exception - Meridian Joint School District No 2. Seconded by Pierce. ALL
AYE...MOTION CARRIES.
B. FPUD-6-05 & FP-I0-05 - Final Development Plan and Final Plat for Corrente Bello
Subdivision No. 1 - Gemstar Development: Gemstar Development, Inc., represented by
Bailey Engineering, is requesting final development plan and final plat approval for Corrente
Bello Planned Unit Subdivision No.1, a 51-lot (38-buildable, l3-common, I-existing home)
planned residential development. The 41.16-acre site is located on the north side of Floating
Feather Road approximately Y2-mile west of Eagle Road.
Marks introduces the item.
C. FPUD-7-05 & FP-ll-05 - Final Development Plan and Final Plat for Corrente Bello
Subdivision No. 2 - Corrente Bello. LLC: Corrente Bello, LLC, represented by Bailey
Engineering, is requesting final development plan and final plat approval for Corrente Bello
Subdivision No.2, an 89-lot (7 I-buildable and l8-common) planned residential development.
The 43.44-acre site is located on the north side of Floating Feather Road approximately Y2-
mile west of Eagle Road.
Marks introduces items 6B and 6C.
Mike Williams, City Planner, reviews the applications.
Pierce moves to recommend approval for FPUD-6-05 & FP-I0-05 and FPUD-7-05 & FP-ll-
05 with Site Specific Condition of Approval #3 adding in "the subsequent DR associated
with both developments. Seconded by Jacobs. ALL AYE...MOTION CARRIES.
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7. REPORTS:
A. Commission:
B. City Attorney:
C. Staff:
8. ADJOURNMENT:
Pierce moves to adjourn. Seconded by Marks. ALL AYE...MOTION CARRIES.
Hearing no further business, the meeting adjourned at 10:30 p.m.
RESPECTFULLY SUBMITTED:
SHARON K. BERGMANN
CITY CLERK/TREASURER
APPROVED:
~r~'~
CLIFFO ARKS, JR.
CHAIRMAN
~
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL.
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
RZ-21-05 - Rezone from A-R to R-E - George Bond:
February 27 at 6:30 p.m.
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHE
A-17-05/RZ-24-05/CU-14-05/PPUD-07-05/PP-16-05 - fella Terra Planned Unit
Development - Ted Martinez
February 27 at 6:30 p.m.
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NAME
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TELEPHONE
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
A-17-05/RZ-24-05/CU-14-05/PPUD-07-05/PP-16-05 - Bella Terra Planned Unit
Development - Ted Martinez
February 27 at 6:30 p.m.
PLEASE PRINT LEGIBLY
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TELEPHONE
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
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February 27 at 6:30 p.m.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
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PUBLIC HEARING SIGN -IN SHEET
CU-13-05 - Personal Wireless Facility - Clearwire LLC
February 27 at 6:30 p.m.
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NAME
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THE FOLLOWING TIME LIMITATIONS SHALL APPLY:
Sedlacek
1200 Hereford Drive
Eagle, ID 83616
939-6219
February 27, 2006
Eagle Planning and Zoning Commission
City of Eagle
P.O. Box 1520
Eagle, ID 83616
Re: RZ-21-05/Rezone from A-R to R-E/George Bond
Gentlemen and Ms. Lien:
When the Eagle City Council adopted the 2000 Comp Plan, it was promised that existing
subdivisions would not be required to resubdivide.
If Mr. Bond wanted a 2-acre site, there are many available. He should sell his Baker's
Acres lot and purchase elsewhere.
The residents of Baker's Acres have made it clear that they wish to have the 5-acre
parcels remain. The property has been 5-acre lots since Ken Baker Sr. and his sons
originally built their homes on the acreages.
To resubdivide down to smaller lots in a piece -meal fashion will create problems with the
existing private wells and on -site septic systems.
Unless the entire Baker's Acres Subdivision wishes to resubdivide, this application
should be denied.
Sincerely,
an/1
Ron Sedlacek
ic.lt
e Sedlacek