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Minutes - 2007 - Planning & Zoning - 06/18/2007 - Regular THE CITY OF EAGLE PLANNING & ZONING COMMISSION MINUTES 660 E. Civic Lane June 18, 2007 ORfGIN/\/ I. CALL TO ORDER: Meeting called to order at 6:36pm. 2. ROLL CALL: Present: FELIX, ZASTROW, PIERCE, ASPITARTE. Absent: McCARREL 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 June 4th, 2007. B. Findinl!s of Fact and Conclusions of Law for CU-07-07 - Conditional Use Approval for Eal!le Emerl!encv Service Facility for the Eal!le Fire Department - Fire Protection District: Fire Protection District, represented by Aaron Randell with JGT Architecture, is requesting conditional use approval to construct a 5,730-square foot emergency service facility. The 0.63 I-acre site is located on the southeast corner of North Linder Road and West Clearfield Drive within Copperfield Subdivision at 1225 North Cactus Creek Avenue (Lots I and 2, Block 2, Copperfield Subdivision). C. Findinl!s of Fact and Conclusions of Law for PP-07-07 - Preliminarv Plat for Brutsman Subdivision - Donna Weston: Donna Weston, represented by Craig McCullough with Doumecq Development, is requesting preliminary plat approval for Brutsman Subdivision. The 4.86-acre, 17 lot (13 residential, 4 common) subdivision is located approximately I ,200-feet south of Floating Feather Road and on the west side of Horseshoe Bend Road at 10895 Horseshoe Bend Road. Zastrow moves to approve the consent agenda as written. Seconded by Felix. ALL AYES...MOTION CARRIES. Pierce moves item SF of unfinished business, RZ-05-07 - Rezone From A-R (Agricultural- Residential) BP-DA (Business Park with a Development Agreement), up to item 4A. 4. (5.) UNFINISHED BUSINESS: A. (F.) RZ-05-07 - Rezone From A-R (Al!ricultural-Residential) BP-DA (Business Park with a Development Al!reementl - Jefferv Mower: Jeffery Mower, represented by Mike Fairchild, Architect, LLC, is requesting approval of a rezone from A-R (Agricultural-Residential) to BP-DA (Business Park with a development agreement) to facilitate the construction of a self storage facility. The 2.00-acre site is located on the south side of E. Hill Road approximately 560' feet east of State Highway 55 at 2871 E. Hill Road. This item was continued/rom the May 7,2007 meeting. City Planner, Mike Williams, reviews the application Mike Fairchild, 7964 Open Sky Road Middleton, reviews the application and issues brought up from the May 7, 2007 meeting. Page 1 of5 K:\P&Z\MINUTES\Temporary l\1inules Work Area\PZ-06-18-07mindoc Beth Thompson, 9605 Horseshoe Bend Road, shares her concerns and presents pictures of her property fence. General discussion. City Attorney, John McFadden, states that issues of a property dispute are not going to be settled through the city. It is a civil matter. Discussion amongst the Commission. Dave Mortenson, with the property owner of2871 E. Hill Road, discusses the survey, fence, and clean up of dirt. General discussion.. Aspitarte moves to recommend for approval RZ-05-07 - Rezone from A-R (Agricultural-Residential) BP-DA (Business Park with a Development Agreement) with the following conditions: Condition #2.13: the fence is secured using metal tie downs; a minimum of three per post. Condition #2.14: the posts are to be even so they don't undulate up and down as you are looking down the row. #2.15: the resolution of the survey is resolved before counsel approves. And, Condition #2.16: the actual fence, bordering the applicant and Mrs. Beth Thompson, is tightened so that it is smooth and does not bow out and in. Seconded by Zastrow. ALL A YES...MOTION CARRIES. City Attorney, John McFadden, states that if applicant is going to go onto private property to complete these conditions, it needs to be approved by the property owner. 5. (4.) PUBLIC HEARINGS: A. (B.) A_03_07/RZ_03_07/CU_02_07/PPUD-03-07 - Annexation and Rezone from RUT to R-I-DA and Preliminarv Plat for Eal!le Commons Subdivision (AKA Bald Eal!le Pointel - Eal!le Commons. LLC.: Eagle Commons LLC, represented by The Land Group, LLC, is requesting approval of an annexation and a rezone from RUT (Rural Urban Transition - Ada County designation) to R-I-DA (Residential-One with a development agreement) for Eagle Commons (aka Bald Eagle Pointe), a 45-unit residential housing development. The 49.48-acre site is located west of Linder Road, south of State Street (Highway 44) and north of the South Channel Boise River. This item was continued/rom the June 4,2007 meeting. Staffis requesting this item be continued to the July 16, 2007 meeting. Pierce moves to continue item A-03-07/RZ-03-07/CU-02-07/PPUD-03-07 - Annexation and Rezone from RUT to R-I-DA and Preliminary Plat for Eagle Commons Subdivision (AKA Bald Eagle Pointe) to the July 16,2007 meeting. Seconded by Felix. ALL A YES...MOTION CARRIES. B. (C.) A-09-07/RZ-ll-07 & PP-12-07 - Annexation and Rezone from RUT to R-E-DA and Preliminarv Plat for Tranquil Estates Subdivision - Garv and Janette Drew: Gary and Janette Drew, represented by Angela Com ish, are requesting an annexation of 27-acres, to rezone the property from RUT (Rural Urban Transition - Ada County designation) to R-E-DA (Residential, one unit per two acres with a Development Agreement) and preliminary plat approval for Tranquil Estates Subdivision, a 3 lot, 7- acre subdivision (only a portion of the site is proposed for development at this time). The 27- acre site is located on the southwest intersection of North Ballantyne Lane and West Beacon Light Road at 214\ West Beacon Light Road. Pierce introduces the item. Angela Comish- Civil Engineer, 1523 W. Hays, gives an overview of the application. Ted Vanegas, City Planner, reviews the application. Page 2 of:'; K\P&Z\t>.lINUTES\Temporary Minutes Work Area\PZ-06-18-07mindoc General discussion. Cheryl Bloom, 2153 N. Holly Brook Place Eagle, reads and submits a letter written by Bob Hamm\in of2312 W. Brisbain Court in Eagle. She gives statements from the HOA of Kensington Meadows. She states the Kildows, of 1963 W. Ballantyne, were not on the notification mailing list and when she brought this to Planning and Zoning it was not corrected. Lastly she reads and submits a letter from Kensington Meadows Water Users Association, 2153 N. Holly Brook Place. General discussion. Matt Drown, 2150 W. Pacific Ridge Eagle, as a property owner shares concerns about the developer not giving response regarding plans and an access off of Floating Feather. Angela Cornish rebuts testimony. She gives an explanation of the cul-de-sac and the berm landscaping. She explains that the Kildow's property was in transition and the prior owners notified the new ones. General discussion. Pierce closes public hearing. Discussion amongst the Commission: Commissioner Zastrow is not happy with the design of the cul-de-sac. Commissioner Felix is okay with the annexation and rezone but feels the placement of the cul-de-sac is very awkward. Commissioner Aspitarte says he is not a fan. Aspitarte moves to recommend for denial A-09-07!RZ-ll-07 & PP-12-07 based on the cul-de-sac and the configuration of the development. It doesn't appear to be designed well, specifically for that particular property, not taking into consideration the future property for development. Seconded by Felix. Aspitarte amends motion: there is a non-contiguous component between the applicant's preliminary plat and the other property. Second concurs. THREE AYES, ONE NAY (pierce)...MOTION CARRIES. C. (A.) ZOA-OI-07: An Ordinance of the City of Eagle, Ada County Idaho amending Eagle City Code Title 10 "Flood Control", Chapter I, Section I "Findings of Fact and Purpose", Section 5 "Rules and Definitions", Section 6 "Flood Insurance Study", Section 7 "Development Permit Requirements", Section 8 "Flood Damage Reduction Provisions", and Section 9 "Duties of The Zoning Administrator"; providing a repealer clause; providing a severability clause; and providing an effective date. Pierce introduces the item. Mike Mongelli, City Staff, gives an overview of the application. Mike Williams, City Planner, reviews the application. Pierce opens the public hearing. No one from the public chooses to speak. Pierce closes public hearing. Zastrow recommends for approval Ordinance 485, an ordinance of the City of Eagle Municipal Water Corporation of the State ofIdaho amending Title 10 Chapter 1, Section 1, Section 5, Section 6, Section 7, Section 8, and Section 9 in the City of Eagle Code providing a repealer clause; providing a severability clause; and providing an effective date. Seconded by Aspitarte. ALL AYES...MOTION CARRIES. A short recess is called at 8:07 p.m. Meeting reconvenes at 8: 15 p.m. D. RZ-06-04 MOD Development Al!reement Modification (Schenk Property) - Hawkins Companies: Hawkins Companies, represented by Jessica Aguilar, is Page 3 of5 K\P&Z\!\lINUTES\Temporary Minutes Work Area\PZ-06-18-07min doc requesting to modify the development agreement (Instrument # I 05048971) associated with the C-I-DA (Neighborhood Business District with development agreement) zoning of the property to provide a concept plan and define the permitted uses within the development. The 13.2-acre site is located on the northeast corner of State Highway 44 and Linder Road. Pierce introduces the item. Jessica Aguilar, 8645 W. Franklin Boise, Co-represent of Sage Development, gives an overview of the application. General discussion. Pierce opens the public hearing. Ron and Sheree Finch, 4599 W. Escalante Eagle, discussed the landscape screen, fencing, and four-sided architecture. They are concerned with two story homes having the view of retail buildings. They also asked about dumpsters, hours of use, and delivery times. Commissioner Zastrow lets the group know that since this discussion is regarding the concept plan their legitimate concerns pertaining to aesthetics will be handled by Design Review further into the process. Bob Bourman, 4378 W. Escalante Drive Eagle, is in favor of the cross access but is concerned with traffic. He is for a block wall with the homeowners having the option of keeping their vinyl fencing. Steven Ricks, 3085 Terra Drive, Boise 83709, is an agricultural land owner in favor of the cross access and the 25,000 sq/ft marketplace building versus two smaller ones. Michelle Cappo, 306 N. Salina Ave, has questions regarding permitted uses for this zoning. She is in favor of the Walgreens and a bank versus the option of drive-thrus. Marve Rymers, 4697 W. Escalante, is concerned about a traffic study and what the results would be. He feels the entrance and exits compared to the amount of spaces in the parking lot is very poor. General discussion. Bob Bourman, 4378 W. Escalante, asks questions regarding a side walk. Jessica Aguilar, 8645 W. Franklin Boise, and Ryan Skeen of Sage Development, 121 N. Lane Street Boise, rebut testimony. General discussion. Pierce closes public hearing. Discussion amongst the Commission. Aspitarte recommends for approval RZ-06-04 MOD Development Agreement Modification with the following changes: 3.3: language be added to provide a cross- access agreement with the adjacent property to the east. 3.4: the number 1 is to be stricken so it states 25,000. 3.7: add language for CMU fence. 3.9: last sentence to be stricken. Condition 3.15 be added stating: the hours of operation for businesses be limited to 6:00 a.m. to 11:00 p.m. Seconded by Zastrow. ALL AYES...MOTION CARRIES. 6. REPORTS: A. Commission: B. City Attorney: C. Staff: 7. ADJOURNMENT: Page 4 of5 K\P&Z\~HNUTES\Temporal)' Minutes Work Area\PZ-06-18-07min dot: Aspitarte moves to adjourn. Seconded by Zastrow. ALL AYES...MOTION CARRIES. Hearing no further business, the Planning and Zoning Commission meeting adjourned at 9:36 p.m. RESPECTFULLY SUBMITTED: APPROVED: ~"""._''''.''# ~~......~ <(.t.;H;~ ....... 0.. - ... """ ~,. ~I'> r li' ..... \ L . ",0 .... ~. , .- ..... <Q:- , -. : U: 0 .... .:;.01 .. .U , "",-y-:'" ,. <:or' "'..... . \ ~ v ~. ~ ~ . -::" . QI ~.. .../VCOR\'O~~~ '" ### ........0' -, "'" S T Ai\:. ........ .."........,," ll~ ~ fJJo~ -SHAR N K. BERGMANN CITY CLERK/TREASURER \ ____---7 c... _- ~ ,,,,,_..--. --- 1ASO~ W. PIERCE CHAIRMAN A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AlLABLE AT CITY HALL. Page 5 of 5 K\P&Z\t-.tINUTES\Temporary Minutes Work Area\PZ.06-18-07min.doc EAGLE PLANNING & ZONING COMMISSION ORIGINAL PUBLIC HEARING SIGN -IN 1 ET l8 , r O 7 RZ-06-04 MOD Development Agreement Modification (Schen . Property) - Hawkins Companies PLEASE PRINT LEGIBLY NAME ADDRESS PHONE PRO? CON? TESTIFY? 6v- btozj kAl --re...kl w,n atJi 316— SS 2 - 1C0.-- w.. KCts A-R L_; rJ 14(40 ES e ALA 141'1= ?El -was %C eo 8ter- & AI/ CQk►p'T 4'(6,3 /-sc 4ci9-4 Tj 32 2--//90 �0-e�c- c_L-A91- zklci Nt EscAt.-.. � g38-yq,,2 /� (n 1`30 a v1/4 OA 14—v-J 4-3"3-5 esc -..,k Jo y N. Y3'f-oS5-3 S%r'1 Rtc- CALS 3oKJ Tyr✓'&. Dr-. 3f02-1S2r D< dilit GO -K 016.4ki.ot Ifk( 5 , (<,a. X 411 API ' aa, ili . Sa, c (23`1-(51.0 7 , i i,ik' X 5A ege s b,z 5. , o4-u vc .3(Y 03, )( \ i ern '-'- .4-3-f 2 L#!TCC tic u(0/0,Sal(Li / -ssyii .\ K 1 OL k) 6J,meti4 /hpg7 141.4+ ru :!e .. 3aa-11 3 ✓ ) EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET June 18, 2007 ORIGINAL ZOA-01-07: An Ordinance of the City f Eagle, Ada County Idaho amending Eagle City Code Title 10 "Flood Control" PLEASE PRINT LEGIBLY NAME ADDRESS PHONE PRO? CON? TESTIFY? �i;?0 QR I GJ MI%1L EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET June 18, 2007 A-09-07/RZ-11-07 & PP-12-07 - Annexation and Rezone from RUT to R-E-DA and Preliminary Plat for Tranquil Estates Subdivision - Gary and Janette Drew PLEASE PRINT LEGIBLY NAME ADDRESS PHONE PRO? CON? TESTIFY? /LIM F6 �s its �7 5 V. ,-, 16 23 A, �3flugw-T'ywr i i3�-�/9,Z ✓ • i ►. ♦ . • _. - _ A A . .. C n15CZCOoM rQ,IF3 INI kla 1 r1 t* ►t 6,3go Jo X (if Q5 Vi n mt ,0-I 1, - :.,, , ;. ' % ,.Da° (4'1 liv\& C. rn 1..). \ 7 ‘S-o J. earir' c_ itic(5. g3Fr'ffs`l RECEIVED & FILED CITY OF EAGLE lP...NJ 6-4 ( JUN 1 8 2007 We, as homeowners in the Kensington Meadows Subdivsion, wish to go on recorc it u used to wat�n" the rezone and replat of Watts Tranquil Estates. We are not opposed to the ann T ' nnr opposed to growth as it is inevitable, however, the re -platting of this existing subdivision, Hoffman Estates, brings up some issues that are of concern to us: 1) there are no lots of equal size in the surrounding area that are mostly 5+ up to 25 acres; 2) the proposed new street ends with the cul-de-sac abutting property in an existing homeowners property such that the car lights will shine in their living space and there is also a stub street with no obvious purpose; 3) the proposed street enters onto a very busy road close to a 4-way intersection. 4) This proposed subdivision frontage includes landscape berming that will further hinder sight on an already dark and narrow roadway for vehicles, bicyclists, and horse riders. Is it too close to the stop sign? 5) Is this a legal subdivide? This is already an existing subdivision. It looks as tho it is only a lot split of a 7-acre parcel that has been on and off the market for the past 4 or 5 years. 6) was it properly noticed? The landowner of record for 1963 W. Ballantyne, Mr.Harvey Kildow, was not on the notification mailing list that the developer provided.. Has that been corrected? Also, as an irrigation user, there have been ongoing water delivery problems with the buried irrigation pipe and the open irrigation ditch that runs along Ballantyne and through the lots in this proposed subdivision that has caused our irrigation water to be delayed in delivery, undue expense in cleanup and we have been denied access for maintenance. This issue should be resolved if this subdivision application is recommended for approval. (Was Bob Hamlin's letter read into the record) Kensington Meadows Estate's Water User's Committee: As the bookkeeper for Kensington Meadows Estates irrigation users, we would like to bring to the attention of the developer of this proposed subdivision the irrigation water delivery problems with the lateral that runs through the existing Hoffman Estates lots on Ballantyne Road. Since 2003, the collective lateral users have spent in excess of $3600 to remove tree roots and debris from both the buried portion of the lateral and the open irrigation ditch that starts at headgate #73 at the Farmers Union Canal north of Beacon Light Road and runs south to Hoffman Estates (now your proposed subdivision application), then turns west into Autumn Crest and then South to Kensington Meadows and other downstream users) . In addition, ACHD removed 2 trees from the lot on the corner of Beacon Light Rd and Ballantyne due to roots preventing the delivery of irrigation water. The lateral users have approached the lot owners along Ballantyne and asked that some of these the trees be replaced with more suitable trees and have been met with opposition. We have also attempted to gain access to the open portion of the irrigation ditch for maintenance and have been met with opposition. This lack of cooperation has caused the downstream users undue cleanup expense to our buried pipe and pumping systems, not to mention delay in delivery of irrigation water. This is no longer acceptable. If you, as a commission, see fit to recommend approval of this application, we are asking that you put as condition of approval requirements that the developer replace the trees and tile the open irrigation ditch. Thank you for your consideration. R« <1 b �w� s Robert and Carol Hamlin E'y4'" 2312 W. Brisbane Court Eagle, Idaho 83616 June 14, 2007 City of Eagle, Planning and Zoning Department 660 E. Civic Lane Eagle, Idaho 83616 Dear Members of the Planning and Zoning Department: RECEIVED & FILED CITY OF EAGLE JUN 1 8 2007 File. Route to. I wish to register my strong protest against the proposed annexation and re -platting of the property that is contiguous the northern boundary of my five (5) acre parcel of land in Kensington Meadows Subdivision. I understand that the parties are requesting that the property be re -platted into a new subdivision with the name of Watts Tranquil Estates. It appears to me that this is an attempt to vacate an existing subdivision plat and re -plat into smaller lots. As you know, citizens purchase property based on the neighborhood characteristics surrounding the property. We purchased our lot and subsequently built a home on it because all of our neighbors had five (5) acre lots which reduced the density and retained the country quality of life. The proposed re -platting places a cul-de-sac immediately adjacent into our property which of course will cause car lights to shine into our property and increase noise and traffic. While I realize that growth is inevitable, I strongly urge you to not destroy existing neighborhoods in the name of growth and profit. This is not a situation where a landowner is deprived of the opportunity to develop their property. The property was developed and platted into the Hoffman Estates Subdivision. I respectfully urge you to deny this application. Very truly yours, Robert G. Hamlin 8:24 P001 FROM arrow land surveying ARR W 05 FtWEQ IF AgtE JUN 18 2007 File: Route to: Land Surveying, I 6//8A GPS, BOUNDARY, TCIPOGRAPHIC AND A.L.T.A. SURVEYS CONSTRUCTION STAKING 3D SCANNING 1121 E. State Street • Suite 105 • Eagle, Idaho 83616 • office: 1-208-939-7373 • fax: 1-208-939-7321 5-22-07 Dave Morte isen P.O.Box 7' Meridian, Ic., 83680 412-5888 C z1l 441-9509 Fax Dave, On May 14, 2007 we were hired to locate and verify the south fence line along Storage 55. During our time in the field we located the southwest property corner and the southeast se lion comer an.d created a straight line between them. Using this straight line we verified he fence line and came to the understanding that the fence line drifted from right on at tie southwest corner of the property to about one foot out of position to the southeast co :Tier of the property and also the property corner at the southeast corner was out of positi in compared the record data by Fox Land Surveying. We also verified the curb and gu: to along the Hill Road and the entrance area and it seemed to agree with the submitted plans. The buildings were built in the proper location per site layout and grading accorddiingly to the grading plan submitted_ g, PLS urveying, SILVIS3 1If1ONV?Jl S11YM z NO1103S 4vOd dOI?I31NI N088I21 31380N00 r joy - or • • •••••."'s — _ LOETWtvrriro-'.1.7 "- - • 17. , • • r . :405071. ... . - • 1 er ;•'-,7 41, ' . ; . : z. ..:•,, h ,-,e, ,„ir, 4 • ..-.1.' : or- , ', . , • . ,.. .` V tr fii`At!itIe'•' ; ., ‘,,,) , • .. - . , , / , • ' ,.,1 ; t , • . ! . — -,'-• • s• ,, - 1 ,' ' • • . , .e , • , "ir r,,, • , . ,.. •• 1 4 ,at-...t :. e -, . A ..t.''' ' • • , , ' , \ • -, •r , • ,i • ,' . ..,. , , • , , 7,-) • , - . %.. .., ,, _ • ' ••• )0 I 41, 46!:•01 foe' or. o4.v -; .zora‘„ti4. ,A14 • 1 0, ,••*, RECEIVED & FILED CITY OF EAGLE JUN 1 8 2007 File. 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