Minutes - 2006 - Planning & Zoning - 05/01/2006 - Regular
THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
May 1, 2006
Minutes
ORIGINAL
1. CALL TO ORDER: Meeting called to order at 6:30 p.m.
2. ROLL CALL: Present: MARKS, PIERCE, ASPIT ARTE, JACOBS. MY AC
Members: Locken, Hayden. Absent: LIEN.
As this is Chairman Marks last meeting he requests that Vice-Chairman Pierce conduct
the meeting.
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 othervvise.
A. Minutes of April 17, 2006.
B. Findines of Fact and Conclusions of Law for A-IS-OS & RZ-22-05 - Annexation and
Rezone from RUT to R-E - M and H Develooment: M and H Development LLC,
represented by Sabrina Whitehead with Briggs Engineering, Inc., is requesting annexation
and rezone from RUT (Rural Urban Transition) to R-E (Residential Estates). The 18.98-acre
site is located on the south side of West Beacon Light Road approximately Y:,-mile east of
Ballantyne Lane at 1101 West Beacon Light Road.
c.. Findines of Fact and Conclusions of Law for PP-15-05 - Liehthouse Subdivision - M
and H Development: M and H Development LLC, represented by Sabrina Whitehead with
Briggs Engineering, Inc., is requesting preliminary plat approval for Lighthouse Subdivision.
The 18.93-acre, 11 lot (9 buildable, 2 common) subdivision is located on the south side of
West Beacon Light Road approximately Y2-mile east of Ballantyne Lane at 110 I West
Beacon Light Road.
D. Findines of Fact and Conclusions of Law for FPUD-OI-06 & FP-02-06 - Final
Development Plan and Final Plat for Coast To Coast (Laeuna Pointe) Subdivision -
Coast 2 Coast. LLC: Coast 2 Coast, LLC, represented by Bryan Martin, P.E., with
Toothman-Orton Engineering Company, is requesting final development plan and final plat
approval for Coast To Coast (Laguna Pointe) Subdivision, a 56-lot (44-buildable, 12-
common,) planned residential development. The site is located east of Eagle Road
approximately Y:,-mile north of Chin den Boulevard at 2260 South Eagle Road.
Marks moves to approve the consent agenda as presented. Seconded by Aspitarte. ALL
AYE...MOTION CARRIES.
4. UNFINISHED BUSINESS: None
5. PUBLIC HEARINGS:
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A. A-OI-06 & RZ-OI-06 - Annexation and Rezone From RUT to MU-DA - Brownstone
Caoitol. Inc.: Brownstone Capitol, Inc., represented by Doug Russell, ASLA, with The
Land Group, Inc., is requesting approval of an annexation and a rezone from RUT (Rural
Urban Transition) to MU-DA (Mixed Use with a Development Agreement) for a multi-
family seventy (70) unit condominium housing development. The development is to be
located on a 5.85-acre site adjacent to the southeast comer of Reid Merrill Park
approximately 250-feet east of the intersection of East Shore Drive and East Riverside Drive.
The applicant is requesting this item be continued to the May 15, 2005 meeting.
Marks moves to continue A-OI-06 & RZ-OI-06 - Annexation and Rezone From RUT to MU-
DA - Brownstone Capitol, Inc. to the May 15, 2006 meeting. Seconded by Jacobs. ALL
AYE...MOTION CARRIES
B. A-02-06/RZ-02-06/PP-6-06 - Annexation and Rezone from RUT to R-E-DA and
Preliminary Plat for Thomoson Acres Subdivision - Patriot Capital Partners. LLC:
Patriot Capital Partners, LLC, represented by Bart Longson, is requesting an annexation and
rezone from RUT (Rural Urban Transition) to R-E-DA (Residential Estates I-unit per 2 acres
with a development agreement), and preliminary plat approval for Thompson Acres a 37-lot
(32-buildable, 5-common) subdivision. The 73.53-acre site is generally located on the south
side of Beacon Light Road between Los Luceros Drive and Edgewood Road at 1425 East
Beacon Light Road.
Vice-Chairman Pierce introduces the item.
Bart Longson, 8645 W. Franklin Rd. Boise, Idaho representing Patriot Capital Partners. Mr.
Longson presents the application.
Joe Pachner Toothman-Orton Engineering 977 Chinden Blvd. Boise, Idaho. Comments on
certain lots within the proposed subdivision for which a LOMR would be sought to bring them
out of the floodway through fill materials.
Aspitarte notes that his company does business with Toothman-Orton. but his company will
receive no financial gain on for this item. City Attorney, McFadden states that as there is no
financial gain, Mr. Aspitarte is not required to step down unless he so chooses to do so. Mr.
Aspitarte continues his deliberation on this item.
Discussion between Mr. Longson and the Commission regarding the location of the roadway in
relation to the 100 acre floodway, as well ask residential lot locations that would have
landscaping in the floodway. The applicant agrees to work with City Staff to inform the future
lot owners of the properties location in the floodplain via language in the CC&R's.
City Planner, Verschuren reviews the staff report.
Pierce opens the public hearing.
Joe Pachner with Toothman-Orton Engineering. Mr. Pachner states that HECO has reviewed
their proposed flood plan, and it has been approved with certain conditions. Mr. Pachner
provides additional information regarding the buildable lots, and wetland mitigation on the site
for the utility installations.
Monte Marchus, 605 Rooster Ln. Eagle, Idaho. Owns property along the southern border of this
property. Feels that any building in the floodway impacts surrounding property. States that the
road will in affect create a dam. Anything built in the floodplain will impact the neighbors, and
the retention ponds will not be of use. Once the ponds are full the only thing that matters is the
channel that returns the water to the waterway. Mr. Marcus is concerned with the proposed
bridge as they would need to obtain permission from him.
Tom Was 651 Los Luceros Eagle, Idaho. Mr. Was is concerned with how this development will
impact the downstream neighbors. Please make sure there is adequate planning for future
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flooding is addressed.
Bryant Rudd, 1023 Los Luceros, Eagle, Idaho. Mr. Rudd's property is adjacent to this proposed
development. He concurs with previous testimony given regarding future flooding, retention
ponds and the potential negative impacts down stream. He is concerned with the location of the
retention ponds and the building up of the road. Mr. Rudd was unaware, until tonight's
testimony, that a pathway was proposed. The fences on the western side would not be sufficient
with this increased type of use, believes the buffering needs to be addressed.
Mike Griffiths, 1001 Los Luceros, Eagle, Idaho. Is in hopes that City water and sewer facilities
would be made available for his property with the development of this property.
Jack Pfeffer, 80 I Los Luceros, Eagle, Idaho. They are in the floodplain and are aware of it. The
Brookwood development caused his property to flood faster and deeper than he as ever seen.
Does not want the floodplain altered, as it would negatively affect those downstream. Mr.
Pfeffer distributes photographs taken during the Brookwood flooding incident. Photos are
included as exhibits for the minutes of this meeting.
Dave Butler, 752 Los Luceros, Eagle, Idaho. Moved to Eagle because of the rural quality of life.
Feels that 2 acre lots will increase traffic. Does not believe 2 acre lots are appropriate and the
quality of life will be negatively impacted if this application is approved. Other than increasing
tax revenue Mr. Butler does not understand why the city would approve this request by the
applicant.
Mr. Longson rebuts testimony. Comments that they are committed to work with the City's
Engineering Firm to ensure that no flows are impeded. Tonight's testimony brought to light that
there may be flooding left to right and Mr. Longson agrees to meet with that property owner to
discuss it further. Would like to have the public utilities made available to others on Los
Luceros, if the City feels it is feasible. Discussion between Mr. Longson, Mr. Pachner and
Commission.
Pierce closes the public hearing.
Discussion amongst the Commission.
Mr. Aspitarte moves to recommend for a approval of A-02-06/RZ-02-06/PP-6-06 -
Annexation and Rezone from RUT to R-E-DA and Preliminary Plat for Thompson Acres
Subdivision - Patriot Capital Partners, LLC. with the site specific and standard conditions
of approval with the following modifications: that CCR's shall contain a clause for all lots
that are in the floodway and that homeowners shall not use artificial measures to constrict
water flow and will be apprised of all risks of landscaping or other improvements in the
floodway for those lots. Seconded by Jacobs. ALL A YE.MOTION CARRIES.
C. ZOA-I-06 - Zonine Ordinance Amendment: The City of Eagle is proposing to amend
Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Map", Section I
"Districts Established, Purposes and Restrictions", to amend the maximum allowable density
in the Mixed Use (MU) zone.
Vice-Chainnan Pierce introduces the item.
Planner Baird- Spencer reviews the staff report.
Discussion between Commission and Baird-Spencer.
Marks moves to recommend approval of ZOA-I-06 - Zoning Ordinance Amendment to the
Council as presented. Seconded by Aspitarte. ALL AYE... MOTION CARRIES.
6. NEW BUSINESS: None
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7. REPORTS:
A. Commission: Mr. Marks announces that this will be his last meeting as he has resigned from
the Commission.
B. City Attorney: No report.
C. Staff: Deputy Clerk Osborn informs the Commission that there will be an open house for the
new City Hall building on May 25th from 5:00 p.m. to 8:00 p.m.
10. ADJOURNMENT:
Hearing no further business, the Commission meeting adjourned at 8:10 p.m.
RESPECTFULL Y SUBMITTED:
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SHAR N K. BERGMANN
CITY CLERK/TREASURER
APPROVED:
N PIERCE
-CHAIRMAN
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: A-02-06/RZ-02-06/PP-6-06 - Annexation and Rezone from RUT to R-E-DA
and Preliminary Plat for Thompson Acres Subdivision - Patriot Capital Partners, LLC:
May 1, 2006 6:30 p.m.
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