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Minutes - 2009 - Planning & Zoning - 04/06/2009 - Regular THE CITY OF EAGLE PLANNING & ZONING COMMISSION MINUTES April 6, 2009 1. CALL TO ORDER: Chairman Tanner calls the meeting to order at 6:01 p.m. 2. ROLL CALL: Present: AIZPITARTE, SMITH, TANNER, ROEHLING, VILLEGAS Also in Attendance: City Staff Mike Williams, City Attorney Jill Holinka 3. CONSENT AGENDA: . Consent Agenda iteITIS are considered to be routine and are acted on with one motion. There will be no separate discussion on these itelTIS unless the Chairlnan, a COlnmissioner, Inelnber of City Staft: or a citizen requests an item to be rellloved from the Consent Agenda for discussion. IteITIS removed from the Consent Agenda will be placed on the Regular Agenda in a sequence detennined by the Rules of Order. . Any item on the Consent Agenda that contains written recoffilnendations frOlTI the City of Eagle shall be adopted as part of the Planning & Zoning COlnmission's Consent Agenda approvallnotion unless specifically stated otherwise. A.. Minutes of February 23, 3009. B. Minutes of March 2, 2009. Chairlnan Tanner introduces the iteITIS on the consent agenda. Tanner moves to approve the minutes for the February 23, 2009 and the March 2, 2009, Planning and Zoning meetings. Seconded by Smith. Discussion: Aizpitarte abstains as he was away. ALL AYE...MOTION CARRIES. 4. UNFINISHED BUSINESS: NONE 5. PUBLIC HEARINGS: A. A-I-09/RZ-I-09 ~ Annexation and Rezone from RUT to A-R-DA - Chad Moffat/Cabin Creek Development Comnanv and Jeff Frazier: Chad Moffat/Cabin Creek Developlnent COInpany and Jeff Frazier are requesting approval of an annexation and rezone from RUT (Rural-Urban Transition-Ada County Designation) to A-R-DA (Agricultural-Residential one unit per five acres with a developlnent agreelnent). The 38.9-acre site consisting ofPelnbrook Subdivision and the adjacent property to the south is generally located on the north side ofW. Beacon Light Road approxiInately 1,970 feet west ofN. Eagle Road at 702 W. Beacon Light Road. Chairman Tanner introduces the issue. General discussion regarding the unsigned letter that was sublnitted as public testiInony.for this app I icatioll. City Attorney Jill Holinka provides clarification, recommending the letter be used as palt of the public record. General discussion regarding the "unidentified" gentlelnan who provided the letter. Planner Willialns states he does know the lnan's identity and is not sure why he chose not to sign his nalne. Applicant Chad Moffat, 702 W. Beacon Light Road, reviews his application - Pembrook Sub. Zoning is to relnain the same. Developlnent is complete. Asking to request Annexation to the City. Planner Williatns reviews the application. He speaks to the current zoning of RUT and the request for page ] of 4 K:\P &Z\M INUTES\ T emporaty ~ 1inutes \V ork Area\pZ-04 -06-09min,.doc agricultural residential. He discusses the differences between Ada County and the City of Eagle setback requirements. He reviews conditions placed in the develoPlnent agreelnent regarding future built hOlnes Ineeting zoning requirements of the City. Planner WilliatTIs stands for questions. The Comtnission has no questions for Staff at this titne. Chairlnan Tanner opens the floor for public testitnony. Planner WillialTIS states for the record that this has come before cOlnmission before and had to be continued due to improper notice. He states that all the legal noticing requirements have been Inet at this tiIne. Andrew Pendley, 722 Valli Hi Road, resides at the property immediately north ofPelnbrook Sub. He states he is opposed to this annexation and is very satisfied with Ada County's services. He knows that annexation is inevitable because of the area of impact but doesn't feel it needs to be done now. He refers to the Justification Letter for Annexation froln the file provided by Mr. Moffat. He feels this is less than adequate. He then discusses the private road as referred by Planner Willialns and the possible access by Beacon Light Road. He discusses the neighborhood lneeting that was Inost recently held along with the Frazier's lnotivation being, he feels, the use of personal training facility. He feels they want to deal with a different governlnent agency. General discussion regarding the location offitness center on Frazier's property and the access points. Kathy Spencer, 722 Valli Hi Road, discusses her concerns regarding access~ She COlnpares different options such as Beacon Light Road and Valli Hi. Planner WillialTIS gives clarification on the definition of contiguous within Eagle City Code. Joseph Stinelnates, 680 Valli Hi, asks if the key reason for the application is in order to bring the business under the City's jurisdiction due to the contlict with the County. He discusses a cease and desist order from Ada County. He also discusses two places of operation for Mrs. Frazier's business. Lastly he states he is opposed. Dick Lagerstroln, 1262 W. Beacon Light, has been an Eagle resident for the last 22 years. He discusses the application made by Chad Moffat several years ago and that ACHD had stated no access is allowed at that tiIne. He discusses access through Beacon Light Road, through Moffat's property. He states his concerns regarding once the annexation takes place, the lack of water that will be caused by the additional housing and refers to three wells that have gone dry in the past This happening then caused hOIneowners to carry the cost of wells being drilled deeper. He states he is opposed to this application. Planner WillialTIs gives clarification to the original approvals for Petnbrook Subdivisioll. General discussion regarding the proposed density, the options for access, and the hydrology of the site. Jim Chu, 3335 N. Milah Lane, owns the property adjacent to this application. He is concerned about the traffic froln Valli Hi. He feels it is too dangerous as is and is against this application. Wendi Frazier, 3598 N. TiInber Ridge Lane, is for the annexation~ She discusses the neighborhood Ineeting along with the option to vote in Eagle and the fact that you are not allowed unless you are a resident. She feels she is directly itnpacted by many of Eagle's issues and wants to have a say in theln~ General discussion regarding the business that Mrs. Frazier runs and the infonnation surrounding the cease an~ desist order from Ada County. Slnith asks how long the business has been on the property. Wendi Frazier answers since June. Page 2 of4 K:\P&Z\tvIINUTES\ TempOrary l\1inutes Wark Area \PZ-04-06-09min+d ac Slnith asks Mrs~ Frazier what prompted her to set up her business on this road. Wendi Frazier states because it is a quiet business with one client in the Inorning for 1 hour. Also to allow her to be home with her kids. She was not aware that they were going to meet all of these struggles. She also states she is blamed for all of the traffic coming down her road which is not right. General discussion regarding correspondence between neighbors and Mrs. Frazier prior to her opening her business. Wenrli Frazier states she was told that this current application which the public hearing was held for was not regarding the hOIne occupation and it is about the annexation. City Attorney Jill Holinka provides clarification. She states that the applicant is right; this is not about the Home Occupation. The HOlue Occupation, when addressed does not face the saIne standards or process as the Annexation and Rezone. Chairlnan Tanner asks for any other questions from the board. There are none. Planner Williams asks a question of Mrs. Frazier to provide the board clarification~ He asks if Mr. Frazier is her husband. Wendi Frazier answers yes~ Planner Williams then asks if Mr. Frazier is the co-applicant on the application for annexation and rezone~ Wendy Frazier answers yes. Applicant Chad Moffat discusses the neighborhood meetings that were held. He provides clarification on the co-applicant He states he was the original applicant to bring in the original application prior to this application at this time. He brought it as far as the Planning and Zoning COlnlnission meeting and then stopped as the neighbors wanted. He discusses the well that was asked about previollsly~ He clarifies that he is not asking for higher density but with the building there will be lnore wells put in. He discusses the hOIne-based business and states that Eagle City has different codes for the HOIne Occupation process. He discusses his request to annex and feels to have a say in Eagle City you need to be a pal1 of Eagle City. Lastly being within Eagle City allows lnany opportunities to use benefits such as the Public Library. Chairman Tanner asks for any further questions. General discussion regarding access~ Chairlnan Tanner closes the public hearing at 6:53 p.ln~ Chairlnan Tanner states we are here for a request for annexation and a rezone. The rest of the concerns will be taken care of per code with the processes that apply. Aizpitarte discusses boundaries, access issues and states he is in favor of the application. Villegas states he wants to echo what Aizpitarte Inention.. This public hearing was regarding an annexation and rezone. Any concerns with the business will be taken care of at a later date. He is in support as well. General discussion regarding the letter Mrs. Frazier referenced that she received from Ada County. General discussion regarding the process this application follows once finished with the COlnmission, the process the owners are currently in with Ada County, and the fact that after annexation they are under the City of Eagle's jurisdiction. Planner Williams clarifies that there will not be a Conditional Use PerInit required as the business would fall under the City's HOlne Occupation Application. Slnith states he is concerned with the cross over period between Ada County and the City in regard to Page 3 of 4 K :\P&Z\l\.1INUTES\Tempora1Y r'-.1i nu [es 'Vark ArC3\P Z-04-06+09min .doc c... the issues the neighbors have. He states he feels an obligation to the neighbors around the Frazier and Moffat properties and nearly all of theln are opposed. He states that he still believes in private property rights and if they wish to annex, that is their right. He also has a concern about access and traffic. He discusses the element of the business currently on the property and asks if this process of going from the County to the City provides a cover. Does the City inherit a business that is non- compliant and will we have to go chasing after them to enforce complial1cy~ Lastly he too is concerned about "grandfathering". Planner Willialns gives clarification that there is not a possibility of"grandfatherir.ig" for the business~ Chairman Tanner discusses the remaining lots, future buyers, and land uses that will be pennitted~ General discussion regarding the current regulations of Eagle's HOIne Occupation Application in relation to Mrs. Frazier's home business that is currently in Ada County. They discuss sublnittal requirelnents for a HOIne Occupation Application with the City of Eagle. Aizpitarte moves to recommend for approval A-I-09IRZ-I-09 an application for Annexation and Rezone from RUT, rural urban transitional, an Ada County zoning, to A-R-DA, the City zoning of agricultural residential with a development agreement~ Seconded by Roehling. ALL A YE...MOTION CARRIES. 6. NEW BUSINESS: NONE 7. REPORTS: A~ COlnlnission: NONE B. City Attorney: NONE C. Staff: Planner Williams announces the upcoming Open House regarding the BLM land north of Beacon Light Road to take place Thursday at 4:30 p.tn. in the Council Chalnbers of Eagle City Hall. 8. ADJOURNMENT: Tanner moves to adjourn. Seconded by Aizpitarte. ALL AYE.. .MOTION CARRIES. Hearing no further business, the Eagle Planning and Zoning COllllnission Ineeting adjourned at 7:27 p~m. RESPECTFULLY SUBMITTED: ,I'.' 11"",1. " , " "1.. ....,... X 'f.:' 1 ~ ,~ lJ , ..' 0 . ~ · · - .., \ :'.. "1. ~ $ ~... ~(' \ ~.. "" 'l = ....: ~ ..: : CJ: 0 . r~.' ~: : :CJ ,. ~ :): -. - ~ - ~ ~ · s~ I -~ III ""'r . \r~ -.-, = .. e. /. ~ III- 1:, ..ZC'ORPO~~-I. ,,--' ..~ ~#." J' .....- ~"...... ',# l' A TE 0 ..~.. ""', .......",'" SHA ON K.. BERGMANN CITY CLERK/TREASURER APPROVED: Page 4 of4 K: \P&Z\l\.iINUTE S\ TempOrary ltfinutes \V ork Area\P Z-04-06+09mi n~ ac EAGLE PLANNING & ZONING PUBLIC HEARING SIGN-UP SHEET A-1-09/RZ-1-09 - Annexation and Rezone from RUT to A -R -DA - Chad Moffat/Cabin Creek Dev. Co. & Jeff F razier April 6, 2009 NAME **01 1k!edi ADDRESS/ TESTIFY TELEPHONE/E-MAIL YES/NO? PRO/CON lV‘ 7) . ir54((2' (Ao 4-;i 95Y ‘118-Y • 59.5 a T N ham- lad /(3,L i� L w r3���.n�,y�f 333 Nom/ 9-( S Pro OptV