Minutes - 2007 - Planning & Zoning - 08/20/2007 - Regular
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
August 20, 2007
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I. CALL TO ORDER: Meeting called to order at 6:34.
2. ROLL CALL: Present: ZASTROW, PIERCE, McCARREL. Absent: FELIX, ASPITARTE.
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 August 6, 2007.
B. Findinl!s of Fact and Conclusions of Law for A-1l-07/RZ-1l-07 & PPIFP-OI-07-
Annexation and Rezone from RUT to A-R-DA and Combined Preliminary Plat and
Final Plat for Vil!ne d' Al!uila Subdivision - Al!uila LLC: Aguila LLC, represented by
Doug Russell with The Land Group, Inc., is requesting annexation and rezone with
development agreement from RUT (Rural Urban Transition) to A-R-DA (Agricultural-
Residential- up to one (I) unit per five (5) acres with a development agreement) and
combined preliminary plat and final plat approval for Vigne d' Aquila Subdivision, a five
(5)-lot residential subdivision. The 26.22 - acre site is generally located on the northeast
comer ofN. Ballantyne Road and W. Beacon Light Road at 1964 W. Beacon Light Road.
C. Findinl!s of Fact and Conclusions of Law for A-13-07/RZ-17-07 -Annexation and
Rezone from RUT to PS-DA - City of Eal!le & Idaho State Department of Parks and
Recreation: The City of Eagle is requesting approval of an annexation and rezone from
RUT (Rural Urban Transition-Ada County Designation) to PS-DA (Public/Semi-Public w/
development agreement) for the inclusion of Eagle Island State Park into the corporate
limits of the City. The 545.86-acre site is generally located on the south side of State
Highway 44 between the north and south channels of the Boise River, approximately
twenty-seven hundred feet (2700') east of Linder Road along Hatchery Road.
Zastrow moves to approve the Consent Agenda as presented including items A, Band C.
Seconded by McCarrel. ALL AYES...MOTION CARRIES.
4. NEW BUSINESS:
A. 200700103-S - Ada County (Ada County Application) - Preliminary Plat for
Linderview Subdivision - The Bluffs at Eal!le No. I. LLC: The Bluffs at Eagle No.1,
LLC, represented by Penelope Riley with Treasure Valley Engineers, is requesting
preliminary plat approval for Linderview Subdivision, an I lA-acre, two (2) lot
subdivision located on the west side of Linder Road, approximately 2,768-feet north of
Chinden Boulevard at 7385 North Linder Road. This site is located in the Eagle Area of
1m pact.
Pierce introduces the item.
Penelope Riley, Treasure Valley Engineers, here representing The Bluffs at Eagle. Discusses
site specific conditions of approval. Stands for questions from the Commission.
David Alvord, City Planner, reviews the staff report. Stands for questions from the
Commission.
McCarrel moves to accept the Preliminary Plat for Linderview Subdivision - The Bluffs
at Eagle No. I, LLC, adding Site Specific Condition of Approval #7 - Access is worked
out with ACHD. Seconded by Zastrow. ALL AYES...MOTION CARRIES.
B. V AC-02-07 - Reauest for a vacation of a utility easement within Flint Estates
Subdivision Block 1. Lots 1 & 2: Thomas M. Ricks, represented by James R.
Washburn of Engineering North West is requesting a vacation of a utility easement
within Flint Estates Subdivision Block I, Lots I & 2 located in Ada County at 312
North Park Lane and 3850 West Flint Drive.
Pierce introduces the item.
Tom Ricks, 1560 N. Park Lane, discusses the application. Stands for questions from the
Commission.
David Alvord, City Planner, reviews the staff report.
Zastrow moves to approve V AC-02-07 - Request for a vacation of a utility easement
within Flint Estates Subdivision. Seconded by McCarrel. ALL A YES...MOTION
CARRIES.
C. #200700135-Z0A - Ada County Annlication: Ada County Zoning Ordinance
Amendment to change home occupation regulations to provide for small, medium and
large home occupations.
Pierce introduces the item.
Michael Williams, City Planner, reviews the staff report.
Discussion amongst the Commission.
Zastrow moves to recommend for denial Ada County Zoning Ordinance Amendment to
change home occupation regulations to provide for small, medium and large home
occupations. Seconded by McCarrel. ALL AYES...MOTION CARRIES.
5. PUBLIC HEARINGS:
A. CU-09-07 - Conditional Use Permit for a Public Service FacilitvlHeil!ht Excention
reauest - 230 kV & 138 kV Sub-Transmission Line - Idaho Power ComDanv: Idaho
Power Company, represented by Layne Dodson, is requesting conditional use approval to
construct a 230 kV and 138 kV sub-transmission line, and a height exception request to
construct two 92-foot tall utility poles (57 - feet higher then the required maximum of 35-
feet). The site is located within the right-of-way on the east side of State Highway 16
approximately V. of a mile north of State Highway 44.
Pierce introduces the item.
Layne Dodson, Idaho Power, reviews the application. Stands for questions from the
Commission. Zastrow asks where someone might see a 95 foot power pole. McMillan would
be about right.
David Alvord, City Planner, reviews the staff report.
Pierce opens the public hearing.
Charles Howarth, 833 N. Palmer Lane. Asks who created the need for this substation.
Discusses cost of moving it. Has a note from the Public Utilities Commission. Discusses a
letter from Ada County Development Services. Believes Eagle creates a problem and wants
someone else to pay for it.
Marianne Taylor, 3410 Hartley. Believes all Idaho Power customers will have to pay for
additional costs to accommodate Eagle's aesthetics. Opposed to the line going up HWY 16 to
Beacon Light.
Layne Dodson, rebuts testimony. Reiterates the reason to change the line around. There was
considerable opposition for overhead power lines.
Pierce closes the public hearing.
Discussion amongst the Commission.
Zastrow moves to recommend for approval CU-09-07. Seconded by McCarrel. Zastrow
amends motion: With the Site Specific Conditions of approval with the following
modification - Add Site Specific Condition #6 - The Conditional Use Permit would run
to 2013 with the ability to add a one year extension. Second concurs. ALL
AYES...MOTION CARRIES.
B. A-07-07/RZ-09-07/CU-06-07/PPUD-04-07/PP-1l-07 - Annexation. Rezone.
Conditional Use Permit. Preliminary Develonment Plan. and Preliminarv Plat for
Stillwater Planned Unit Develonment - Tri Cedars Manal!ement Co. LLC: Tri
Cedars Management Co. LLC, represented by David McKinnon with Conger
Management, is requesting annexation and rezone from RUT (Rural Urban Transition)
and PS-DA (Public/Semi-public with a development agreement) to R-2-DA-P
(Residential-l.62 units per acre with a development agreement) conditional use penn it,
preliminary development plan and preliminary plat approval for Stillwater Planned Unit
Development, a 53-lot (47 buildable, 4 common, 2 R.O.W. dedicated lots) planned
residential development. The 28.93-acre site is located approximately 1,300 feet west of
West Ballantyne Road on the south side of West State Street (SH 44) at 2505 West State
Street (SH 44).
Pierce introduces the item.
Dave McKinnon, reviews the application. Asks for a recommendation of approval for the
application. Stands for questions from the Commission.
Ted Venagas, City Planner, reviews the staff report. Stands for questions from the
Commission.
Pierce opens the public hearing.
Tony Kub, 2603 W. State. Is opposed to the application. The proposed street is on the back
of his property. Believes there are too many houses proposed for the area.
Trish Shustick, 1370 E. Ustick in Meridian. Has concerns with berms.
Dave McKinnan rebuts testimony. Addresses concerns about greenbelt and pathways.
Pierce closes the public hearing.
Discussion amongst the Commission.
Dave McKinnan, had a discussion with Mr. Kub regarding a fence along his property. Will
work with Mr. Kub.
Discussion amongst the Commission.
McCarrel moves to recommend approval for A-07-07/RZ-09-07/CU-06-07/PPUD-04-
07/PP-1l-07 - Annexation, Rezone with certain stipulations - #7 on the staff report:
provide construction plans and construction for the bridge at the developers cost. Add
#28, which would read: A fencing agreement with the property owner due west of the
development, with buffering acceptable to the property owner to the west. Seconded by
Pierce. TWO A YES.. .ONE NAY (Zastrow).. .MOTION CARRIES.
6. REPORTS:
A. Commission:
B. City Attorney:
C. Staff:
7. ADJOURNMENT:
Zastrow moves to adjourn. Seconded by McCarrel. ALL A YES.. .MOTION CARRIES.
Hearing no further business the Planning & Zoning Commission meeting adjourned at 8:03 p.m.
RESPECTFULLY SUBMITTED:
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SHARON K. BERGMANN
CITY CLERK/TREASURER
APPROVED:
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A N W. PIERCE
CHAIRMAN
A TRANSCRlBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL.
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
August 20, 2007
A-07-07/RZ-09-07/CU-06-07/PPUD-04-07/PP-11-07 - Annexation, Rezone, Conditional Use Permit, Preliminary
Development Plan, and Preliminary Plat for Stillwater Planned Unit Development - Tri Cedars Mana¢ement Co.
LLC
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
August 20, 2007
CU-09-07 — Conditional Use Permit for a Public Service Facility/Height Exception request — 230 kV & 138 kV Sub -
Transmission Line — Idaho Power Company
PLEASE PRINT LEGIBLY
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ADDRESS
PHONE
PRO?
CON?
TESTIFY?
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