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Minutes - 2009 - Planning & Zoning - 05/18/2009 - Regular THE CITY OF EAGLE PLANNING & ZONING COMMISSION MINUTES May 18,2009 1. CALL TO ORDER: Chairman Tanner called the meeting to order at 6:01 p.m. 2. ROLL CALL: Present: Tanner, Smith, Aizpitarte, Roehling, Villegas 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 May 4, 2009. Chairman Tanner introduces the items on the consent agenda. Aizpitarte moves to approve the minutes from May 4, 2009. Seconded by Tanner. ALL AYE.. .MOTION CARRIES. 4. UNFINISHED BUSINESS: None 5. PUBLIC HEARINGS: A. A-03-09 & RZ-03-09 - Annexation and Rezone From RUT (Rural- Urban Transition- Ada County desillnation) to R-2-DA-P (Residential Two Units Per Acre Maximum With a Development A2reement - PUD) for Ea21e Sports Le2ends Investments #2 - Eal!le Sports Le2ends Investments #2, LLC: Eagle Sports Legends Investments #2, LLC, represented by John Rennison, P.E., with Rennison Fodrea, Inc., are requesting approval of an annexation and rezone from RUT (Rural-Urban Transition-Ada County Designation) to R-2-DA-P (Residential two units per acre maximum with a development agreement - PUD). The 78. I 3-acre site is generally located on the southeast corner of State Highway 16 and W. Floating Feather Road at 1252 N. Emmett Highway. (MJW) Chairman Tanner introduces the issue. John Rennison, 430 E. State Street, Suite 140, states he is here to represent the owners and reviews the application. He discusses the original development agreement and its conditions, along with the expansion parcels and then stands for questions. Aizpitarte asks about the letters submitted by the Ada County Highway District and Idaho Transportation Department. Rennison discusses the content of the letters. He discusses conditions recommended in the staff report and states the sidewalk would be completed at a later time, during the preliminary plat process. City Staff Mike Williams reviews the application. He discusses the request for rezone and annexation and the history of the development. He explains the expansion parcels, the existing development agreement, and the process for the planned unit development ordinance. He then reviews the concept plan and permitted densities. General discussion regarding language within the recommended conditions of the staff report. City Staff Mike Williams provides clarification on the different language uses throughout the recommended conditions of the staff report and discusses centralized parks. K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-05- I 8-09min.doc Page Iof3 Smith discusses questions he had after he reviewed staffs recommended conditions. General discussion regarding types of single family residential structures. General discussion regarding traffic routing, restricted access, the expansion parcels and proposed locations for driveways. General discussion regarding the hog farm mentioned in the Staff report and the recommendation by staff that the old existing structures from the hog farm be moved if they are deemed unsafe. City Staff Mike Williams states additionally that it would be nice if the home located on the corner, with no one living in it, be removed. General discussion regarding the property becoming conforming once it is platted. General discussion regarding the addition of an addendum, the provisions of water and sewer for this site, and the issue of water rights. General discussion regarding timeframe for removal of structures. Tanner discusses the addition of the addendum. Smith asks about the timeframe for a traffic impact study. City Staff Mike Williams provides rebuttal for questions from the commission. He refers to ACHD response on the annexation and rezone application and the conditions recommended regarding the plat. Viki Purdy, owner of 6 acres off of Floating Feather at 8075 Floating Feather, states she currently lives in New Meadows but the ground of this property surrounds her Floating Feather property. She states she has already met with John Rennison about tonight's meeting but wants the Commission and City to know that she is paying close attention and has some concerns. She discusses the frontage road and asks how it will affect her property with aspects such as berming. She discusses the existing house and asks how large of a berm is proposed. She asks of the amount of traffic proposed on the road, at what capacity and if it will funnel down to Floating Feather. She discusses her concerns with the height of homes to the East. She states her husband was president of the Dry Creek Ditch Company at one time and states her concerns with the concrete ditch, the irrigation being effected, and sprinkler pressures changing. Lastly she discusses her concerns with the density and types of homes proposed such as possible multifamily dwellings and apartments. Smith states he is sympathetic to the neighbor's concerns with the heights of the proposed homes. Chairman Tanner asks for any other members of the public who would like to testifY. There are none. Representative John Rennison provides a rebuttal. He states that this application is strictly for rezoning and not for the purpose of berming, heights of structures, and water rights. These issues will be addressed by applications to come. He then asks for any questions from the Commission. Aizpitarte applauds Mrs. Purdy's efforts to work out any issues with the developer and representative prior to the meeting. Villegas states he has no further questions for the representative. Roehling states he has no questions for the representative at this time. Chairman Tanner closes the public hearing at 6:49 p.m. General discussion amongst Commissioners. Chairman Tanner opens for commissioner deliberation. K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-05- 18-09min.doc Page 2 of3 Smith states he can see the concerns with the density issues. He recognizes that the applicant is very motivated with this project and has held good communication with the neighbors and he is in favor of approval. General discussion regarding density and fire districts. City Staff Mike Williams states the fire districts are much different than city boundaries. Villegas states he has no problem with the application. He feels the application follows the City's vision well in relation to the Comprehensive Plan and he is in favor of this application. Roehling states he has no issues with the application. He thanks the applicant and City Staff Mike Williams for their thorough work, along with the public for attending. Tanner states he concurs and thanks the applicant for keeping communications open with the neighbors. City Staff Mike Williams provides clarification on a recommendation in the Staff report in regard to the addendum. Aizpitarte moves to recommend for approval A-03-09, RZ-03-09, annexation and rezone from RUT, rural- urban transition an Ada County designation, to R-2-DA-P, residential with two units per acre maximum, with a development agreement for Eagle Sports Legends Investments #2 and Eagle Sports Legends Investments #2, LLC with a reiteration of some language on staff's recommendation for annexation and rezone that the conditions of development and subsequent modifications of those conditions of development as approved for the Legacy Planned Unit Development, application number RZ-13-50 and RZ-13-05 MOD 1 and MOD 2, which are instrument numbers 106161990 and instrument number 109008326 and that the P&Z commission also recommends that an addendum to the development be executed for the "Concept Plan" and to be inserted into the development agreement as an exhibit. Discussion: Chairman Tanner states there is just one addition: to include all of the staff recommended findings and conditions. Aizpitarte amends motion to add that. Seconded by Smith. ALL AYE...MOTION CARRIES. 6. NEW BUSINESS: NONE 7. REPORTS: A. Commission: Chairman Tanner discusses timeframe of when commission receives their packets prior to each meeting. B. City Attorney: None C. Staff: City Staff Mike Williams states he is always open to any questions the Commissioners may have. 8. ADJOURNMENT: Tanner moves to adjourn. Seconded by Roehling. ALL AYE...MOTION CARRIES. Hearing no further business the Eagle Planning and Zoning Commission meeting adjourned at 7:03 p.m. ",I''''If." ", '" """ ~ OF E-1 '" ..,,"....~ ......... Of ", :- (/'.. .. '\.~ ~ ~ .. ~l'OR-1 ".. ':. ~ :,.0 ~:.,..... ':. .. . v V' . :. : * : ---..... :*: - . . . . . . . ~ ~.~ SEALq~" i ':. U> · (>0 ' .. 0 .. ~ /> ...~POR...1:"'~.. A~ l '" <'1 r ........ ~,. ,," "'" e OF \{) ",,, '"".........,' K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-05-18-09min.doc Page 3 of 3 1,. EAGLE PLANNING & ZONING O R I G I\ A L PUBLIC HEARING SIGN-UP SHEET A-03-09 & RZ-03-09 - Annexation and Rezone From RUT to R -2 -DA -P for Elide Snorts Leeends Investments #2 NAME May 18, 2009 ADDRESS/ TESTIFY TELEPHONE/E-MAIL YES/NO? PRO/CON 'Kb -b L) , r\ . sic \it. �- O Pel nr_r^Cf\/GCI R Ftt_E> CITY OF EAGLE MAY 1 3 2009 File: Route try