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Minutes - 2011 - Planning & Zoning - 10/17/2011 - Regular THE CITY OF EAGLE PLANNING AND ZONING COMMISSION October 17, 2011 Minutes 1. CALL TO ORDER: Meeting called to order at 6:00 2. ROLL CALL: Present: TANNER, ROEHLING, AIZPITARTE, SMITH, Absent: VILLEGAS. 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. Findings of Fact and Conclusions of Law for CU-04-11 —Conditional Use Permit for a Public Service Facility for a Remotely Operated Block Valve — Chevron Pipe Line Company: Chevron Pipe Line Company, represented by Tom Denison, is requesting conditional use permit approval to construct a public service facility for a remotely operated block valve. This block valve will replace the existing underground manual block valve currently located on the east side of Ballantyne Lane approximately 850-feet to the northwest of this site. The new 0.3-acre site is located just north of the City of Eagle western entry sign and partially within the right-of-way of West State Street. 13. Minutes of September 19,2011. C. Minutes of October 3,2011. Aizpitarte moves to approve the consent agenda as presented. Seconded by Roehling. ALL AYE...MOTION CARRIES. 4. UNFINISHED BUSINESS: NONE 5. PUBLIC HEARINGS: A. CU-05-11 -Pet Grooming/Boarding Facility (Kennel) -Melinda Carlson: Melinda Carlson is requesting conditional use permit approval to operate a pet grooming/boarding facility (kennel) for The Spoiled Dog Pet Salon. The 3.69-acre site is located on the north side of East State Street approximately 530-feet east of Edgewood Lane at 1750 East State Street. Chairman Smith introduces the time. Melinda Carlson, is the owner of The Spoiled Dog Pet Salon, and proposing to open a boarding and grooming facility in Eagle. Discussion regarding interior and exterior set up of the facility, sound mitigation for barking dogs, services provided, the disposal of pet waste. Zoning Administrator Vaughan reviews the staff report. Vaughan provides a brief review of Eagle City Code and the applicability to the proposed conditional use permit. Chairman Smith opens the public hearing. Guy Hendrickson 1772 S. Lakemore Way Eagle, Idaho. Mr. Hendrickson owns the property located at 454 W. Conover in Eagle which abuts the proposed application. He does not remember the auto body repair shop, but he does remember the cabinet business being in this location. There were issues with noise and odors from the cabinet owner. He states that as a rental property owner, to have commercial Page 1 of 3 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-10-17-11min.doc uses abutting the rental homes is difficult. Better transitional business near residential would be preferred. He does not have a problem with the grooming aspect of the proposed conditional use permit, but does have issue with the kennel aspect, specifically because of waste removal and the noise. There is an open ditch that Mr. Hendrickson is concerned that animal waste would contaminate. Noise is his greatest concern, even if the noise is within legal limits. He feels a different location within this site would be more preferable as it would be farther away from his residential property. Tina Cunningham, 485 Conover Eagle, Idaho. Ms. Cunningham's concerns are similar to Mr. Hendrickson. She has had problems with other tenants in the Andon Complex regarding vapors and smells. If the dogs were kept inside she would be more in favor of the application, but she understands that that is not the nature of dogs. Melinda Carlson rebuts testimony given tonight. Ms. Carlson reviews the plan for the outside fenced area that the animals will be allowed to use. The animals will not be allowed outside unsupervised. There is a large area of indoor space that will be utilized the majority of the time by the dogs. She understands the concerns expressed by Mr. Hendrickson and hopes that she has eased his mind that the dogs will not be allowed outside en mass. There will be a fence that extends 16' from the building; there will be a 4' walkway that will run between the fence and the arborvitae, so the dogs will not be relieving themselves near the open ditch. Fire Marshall Kurt McClenny visited the site with Vaughan Carlson and they received an e-mail from Mr. McClenny stating that it would be okay to utilize part of the alleyway. Staff will follow up with the Fire Marshall to get a formal letter to include in the record that will be forwarded to the City Council when this application moves forward. Vaughan Carlson provides additional clarification. There will be no pet doors, they are "man doors". Guy Hendrickson would like to know where the dumpster for this site is located. It was helpful to know that the dogs will not have access to the open ditch as he previously voiced concern over. The removal of waste and smell is still a concern, as is the noise issue. Tina Cunningham provides comment regarding a gate located near the property and its need for repair. Melinda Carlson shows a photo of where the trash enclosure is located on site. She also states that she will be easily accessible; her phone number will be listed on site, so people with concerns could contact her. This business is her livelihood and passion and she wants to make it succeed and be a good neighbor. Chairman Smith closes the public hearing. Discussion amongst the Commission. Tanner applauds Ms. Carlson for wanting to start a business in Eagle especially in these economic times. He has some concern with the noise issue and mitigation. Aizpitarte has similar issues to Tanner. He would like to see some restrictions on the number of dogs outside and one time and the time they let outside. Roehling appreciates the participation from those in attendance this evening and is in hopes that something can be crafted and forwarded to the elected officials for consideration and final action. Smith would like to see the walls sound rating calculated to eliminate any guess work regarding sound. General discussion. Roehling moves to recommend approval of CU-05-11 -Pet Grooming/Boarding Facility(Kennel)- Melinda Carlson: with the following site specific conditions of approval to be added: Site specific condition #6: There will be a maximum of twenty-four(24) dogs on site for boarding,and a maximum of eight(8)dogs on site for grooming at any one time. Site specific condition#7: There will be a maximum of six(6) dogs allowed outside at any one time. Site specific condition #8: No animals will be allowed outside between 9:30 p. m and 6:00 a.m. Site specific condition #9: Any solid waste is required to be cleaned up immediately from the dog run area. Seconded by Aizpitarte. Discussion. Roehling requests that Vaughan restate the items discussed by the Commission. Vaughan reads from his notes the following: In addition to#6 which is a maximum of 24 dogs on site for boarding, a maximum of 8 on site for grooming. #7: A maximum of 6 dogs outside at any one time. #8: No animals outside between the hours of 10:00 p.m. and 7:00 a.m. #9: Any solid was Page 2 of 3 K:\P8Z\MINUTES\Temporary Minutes Work Area\PZ-10-17-11min.doc shall be cleaned up immediately from the dog run area. #10: The applicant shall submit a letter of approval from the Eagle Fire Department approving the use prior to the issuance of a zoning certificate. Modify#4: to read: The applicant shall provide a plan indicating how noise on the inside of the facility will not emanate outward and odor from the disposal of the animal feces will be addressed prior to the City issuing a zoning permit for the operation of the boarding facility. Roehling amending his motion with the site specific conditions of approval as read by Zoning Administrator Bill Vaughan. Second concurs. ALL AYE...MOTION CARRIES. 6. NEW BUSINESS: NONE 7. REPORTS: A. Commission: Chairman Smith makes inquiry regarding the library signage. Discussion regarding the sign ordinance as stated in Eagle City Code. Discussion regarding fee collection by the City of Eagle on behalf of other agencies. Mr. Carlson relays the Commission of his experience with ACHD. B. City Attorney: No report. C. Staff: No report 8. ADJOURNMENT: Roehling moves to adjourn. Seconded by Aizpitarte. Hearing no further business, the Commission meeting adjourned at 8:30 p.m. RESPECTFULLY SUBMITTED: ''''''' '''''' ''• EAGL y, O410••••••• 6'411 - / /1��� • r • C HAW, ' . BERGMANN Zu _G r• p tia� ? CITY C ERK/TREASURER : 41 •.• S V A: Q-�: , **1881184.rA" T E O �.•` '''' APPROVED: DEREK T. SM CHAIRMAN AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page 3 of 3 K\P&Z\MINUTES\Temporary Minutes Work Area\PZ-10-17-11 min.doc EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET October 17, 2011 SUBJECT: A. CU -05-11 -Pet Groomine/Boardin2 Facility (Kennel) -Melinda Carlson: PLEASE PRINT LEGIBLY NAME ADDRESS PHONE PRO? CON? TESTIFY? --�~ 177? RECEIVED & FILED CITY OF EAGLE SEP 01 2011 Route F11o: City of Eagle — Spring Valley Community Infrastructure District LPFG )E:VELOPMENT PLANNING & FINANCING GROUP, INC. 2011 About Us Organization Founded in 1991 Business Purpose • Financing public improvements • Reducing public infrastructure costs • Mitigating Risk • Enhancing project profitability Personnel • Grown to 60 team members in 8 states, including Idaho. Performance • Established over 2,100 special taxing districts nationwide • Approximately $15+ billion in bonds issued Q C ca v 3 CD • (0 m 04) 0 c0 0 0 2 Why Are We Here? ■ Provide information related to Community Infrastructure Districts ("CID") IN Discuss the establishment of the Spring Valley Community Infrastructure District ("District") • Outline the CID forrnation process • Explain the importance and benefits of CIDs • Address any questions 3 dnoie 6uioueu! ? • CID Background • What is a CID? — Legislation passed by state legislature in 2008 Special purpose district and political subdivision apart from the municipality Used to acquire/construct public improvements Project financed with tax exempt bonds Bond obligations are secured by benefiting property owners, property tax assessments or additional property taxes City/County is not responsible for debt obligation of the CID • Additional Facts — Property can be in an incorporated City or a City's comprehensive planning area (i.e. County) with the City's consent — Requires public bidding of CID public infrastructure — Requires a signed acknowledgement by all homebuyers within a CID — First District established: Harris Ranch CID (Boise) Eligible CID Infrastructure Certain public improvements which directly or indirectly benefit the CID and are of the type defined by the Idaho Impact Fee Statute including: 1. Roadways (including rights of way) 2. Water and sewer systems 3. Flood control and drainage projects 4. Lighting and traffic control 5. Landscaping and lakes 6. Parks and recreational facilities (and sites) 7. Trails 8. Public safety facilities (and sites) 9. Public parking facilities 10. Real property for eligible improvements 11. Financing costs 12. Impact fees 5 10) r Mh: cte Comparison of CID Bond Types Description Typical Use District Type Security for Bonds Revenue Bond Existing asset Acquisition (Typically) Revenue stream Bond Sizing Revenue stream. Timing of Funds •Slow • Over build -out of project • Reimbursement (typically) General Obligation Bond Raw land Construction / Acquisition Ad valorem property tax. Assessed value of property (County Assessor determined). • Slow • Over build -out of project • Reimbursement (typically) Special Assessment Bond Raw land Construction / Acquisition • Specific lien on a specific property. • 10% reserve fund. The fair market value of the property (Appraiser determined). • Fast • Phase -by -phase • Construction and/or reimbursement 6 CID Bond Types Description Responsible for Repayment Ability to prepay? Tax Billing Superiority of lien Bank consent required to form district? Revenue Bond Users of the facilities. Yes Municipality or District. No lien on property Yes General Obligation Bond Land owners within the boundaries of the District. (Note: if land owners default, remaining land owners pick up additional tax). No County — Passed through on the County tax bill. First position behind existing property taxes. Yes Special Assessment Bond ▪ Land owners benefiting from constructed improvements • Land owners are only responsible for their special assessment hen Yes County — Passed through on the County tax bill. First position behind existing property taxes. Yes Limitations on CID Bonding Capacity ■ General Obligation ("GO") Bonds A vote of 2/3 of the qualified electors within the District must approve the GO bond authorization The principal amount of the GO bonds can not exceed 12 percent of the actual or adjusted market value of the property ■ Special Assessment ("SA") Bonds: — A petition must be signed by all the landowners within the assessment area before SA bonds can be issued — Property must have a minimum value of at least 3 times the principal amount of bonds issued 8 Benefits of a CID • CID will implement the Spring Valley Plan and commitments of the Development Agreement • Off-balance sheet financing for the City • Preserves bonding capacity of City • Competitive advantage among ,public entities • Accelerated construction of roads and other public facilities • "Growth pays for growth" 1 No City financial liability related to the debt obligation of the CID 9 • CIDs are Not CDDs • Florida Community Development Districts ("CDD") have experienced a number of defaults • Major difference between Idaho CIDs and E-'1orida CDDs — The CID Board consists of 3 members of the City Council versus a 5 member CDD Board initially run by the developer — The City, through the CID Board, will control the issuance of all CID bonds — CIDs require minimum value to lien requirement of 3 - to -1 unlike that of CDDs which have no such requirement 10 0 CD {D 0 3 CD 0 CIDs Are Currently In Use Harris Ranch CID No. 1 ■ Established in May 2010 ■ Located in Boise, Idaho ■ Contains 956 acres of the Harris Ranch development project ■ Voters approved a $50 million GO bond authorization a Two bonds issued to date — General obligation Series 2010 ($75,000) — Special assessment bond Series 2011. (53,920,000) 11 Development Planning & Financing Group, Inc. I l 111 id 111 1I 1I 11!li11 Mel II l4lidd1tii 1 MI Spring Valley Master Planned Development • The Project contains 6,017 acres • Project anticipated to be developed in 5 phases over 20 years • Anticipated land use: Product Units Single Family Attached- Townhomes 1,540 Single Family Detached- Production Homes 4,528 Single Family- Custom Homes 688 Multi -Family- Condo 397 Retail (sf) 850,000 Office (sf) 350,000 Elementary School 3 High -Middle School 2 Resort 300 rooms Estate/ Equestrian (units) 506 Total (units) 7,153 13 e•2 Spring Valley Phasing Plan 1, • , .- - - r.„/„.•V t_ 1111+1,1 11.1(AM 1111. S.,./. I 1,0.4 ' 44, f •!,,1 101. 1 ......,,..7. $ niku 4 UAL , 1'001 20.L.11 LS: • • i "'ZIC i -.•1,. • 4.1 1 , .....1 ... P10,11 044.1.1 a nt. 41.1-111 42,1 OLO 1,1 10,14111 11,111 1 . 1 .1.111.4. 1 1.1.1.4, 1,11 1.8111.S 7,1 7 CONCEPTUAL PHASING PLAN SPRING V.A.IALEY MI ,1111,11.1 I 1 MAI A nrunK, 14 ;A:)! • , Proposed Spring Valley Community Infrastructure District ® District would encompass the entire Project (6,017 acres) • Petition submitted by 1.00 percent of the landowners (M3 is currently the only landowner) • District anticipated to finance (including but not limited to) Arterial and Collector Roadways Sever Facilities Water Facilities Drainage Facilities Parks, Trails and Landscaping Engineering and Design Rights of way and Open Space Impact pact Fees 15 Conceptual Circulation Plan SPRING VALLEY CONCEPTUAL CIRCULATION PLAN BLM Foothills Principal Arterial Foothills Minor Arterial —"— " Collector Principal Arterial (Highway 16) 0 Potential Round -a -bout Locations Nero Sobgoc1 to ACHD approval at tune of development J nwu,qcm.- 1 6 Conceptual Water Master Plan LEGEND - NAtly Nroi _r r-. _ ti -Yr.f wok!. uAu. drone --- WAIEN Wnr ] 14OMN5NIG.JO. WATER$WN 1 M rNESElZO(Z NArE4 WAN 37A) 1 w af.SIDRAGE M5E4.CaQ - nANR ar_I.FW` r9 nti(q ROM STAir. SPRING VALLEY CONCEPTUAL WATER MASTER PLAN E _.. l - - - J 1113,T 411 Illll rr Conceptual Sewer Master Plan SETT RANT LEGEND - - - GRAVITY SEWER TRUNK LINE PRESSURE SEWER LINE PS SEWER PUMP STATION SPRING VALLEY CONCEPTUAL SEWER MASTER PLAN Estimated Project Costs Description Grading Sewer Water Dry Utilities Road Improvements - Arterial Road Improvements - Collectors Off -Site Road Improvements Parks, Landscape & Amenities Miscellaneous Hard Cost Contingency (10%) Design / Engineering General Conditions Agency & Impact Fees Soft Cost Contingency (10%) Construction Management Open Space - 800 acres ($10K/acre) Estimated Intract Improvement Costs Total Costs Percentage of Total Costs Estimated Total Costs 89,118,897 30,931,805 16,569,172 6,161,847 13,068,943 11,046,849 49,944,750 106,752,665 5,000,000 32,859,493 33,520,000 11,310,890 51,036 4,488,193 28,757,718 8,000,000 214,590,000 662,172,257 Estimated Eligible CID Costs 9,849,000 5,148,000 6,384,000 13,069,000 11,047,000 49,944,000 27,159,000 5,000,000 12,760,000 17,674,000 2,964,591 51,036 2,068,963 11,418,301 8,000,000 $ 182,536,891 27.6% 19 Proposed Spring Valley Community Infrastructure District • District Board of Directors consists of three members of the City Council • City Council through the District Board will maintain control over the issuance of District boncl and District operations RI District is anticipated to issue: -- General Obligation bonds, Special Assessment bonds and Revenue Bonds • Bonds will be issued as development of the Project occurs (bond issuances will average approximately 59 million per year) IN District Board will maintain control over District operations including: -- Subsequent approvals to issue District bonds — Approval of the annual District budget — District agreements with the City and Developer 20 CD 0 3 CD cQ m cin. 0 0 Estimate Homeowner Annual Impact Es timate d Home Price Spring Valley Community Infrastructure District No. 1 Estimated Tax Liability (A) (B) (A) + (B) Estimated Annual Estimated Annual Estimated Total General Obligation Special Assessment Annual CID Tax & Expense Pavment (1) Pavment (2) Payments $250,000 $806 $556 $1,361 $275,000 $933 $556 $1,489 $300,000 $1,061 $556 $1,616 $325,000 $1,188 $556 $1,744 $350,000 $1,316 $556 $1,871 $375,000 $1,443 $556 $1,999 $400,000 $1,571 $556 $2,126 $425,000 $1,698 $556 $2,254 $450,000 $1,826 $556 $2,381 Footnotes: (1) Represents a homeowner's exemption of $92,040 for 2011 and the repayment of CID general obligation bond indebtedness and CID expenses based upon a 0.0051 increase in the ad valorem property tax rate. (2) Based upon (a) special assessment lien of $6,500 per lot and (b) special assessment bond terms of 7.5% interest rate, 29 -year amortization period, one year of capitalized interest, 10% reserve fund, and issuance expenses. This figure does not include any administrative charges (estimated at 0.01% per year), which may be charged by the (3) All of the takes, assessments and charges described above are in addition to any taxes, fees and charges imposed by Ada County, the City of Eagle or other political subdivisions and are in addition to any assessments or fees imposed by any homeowners association. 21 --- COMMUNITY INFRASTRUCTURE DISTRICT FORMATION PROCESS Idaho Revised Statutes Title 50-3101 et seq. OWNER CITY DISTRI(T GENE R_kL• BOND COUNSEL ADA COUNTY .A.NNLNG PiEtaL-e 1. Fiance PL 2. CTD 1 Snbra 2 Gene -al PLIn 1 Focal= Peri:-..cn D IS TRICT FORMATION Pub1:11 12 drys ( 1_ Adept Oidsizz Folicalionlitattr. 2. Pablishrcact Huriug. Presce: 1) Discra De.1.13r-felt (C.E31DA) 2) For=ion Pmhce 3) General Plan 4) City Cd 1 and 1)...smc t Boa:d ResnInrkws f L Cvs±tri rr 2 Order skldfr.lar.t D:sn-1.-r kraut= 3 Aprzve and r.zerata Cal, DA; 4. App:mcsDiscia BoJ ard. IIOND ELECTION Mecnoas in Nis rid Neve:arm!' coly 1. Vme- in GO de:rico: Ve:Ein rzj hid Pott and P....f:Lish "."7 elect= to-7.:es PrePre 1)Not<e of El Knee 2) Offictd Ballot Within ID days CICV11Mecoo res•irts C 1 GE -1 =CC t.le:rioL 2 kod CEC-CC Y.) Next Steps 1. Meet with other agencies (i.e. Eagle Sewer District, Fire District, etc) to discuss CID formation; 2. City Council Work Study Session to discuss proposed CID; 3. Landowners submit Petition to form CID to City; 4. City Council adopts resolution for a formation hearing; 5. City publishes notice of formation hearing; 6. City Council conducts formation hearing; 7. City Council votes to approve/ disapprove formation of CID; 8. CID Board calls for G.O. bond election. For Further Information ■Contacts Carter Froelich, CPA Managing Principal DPFG 950 West Bannock, 11 th Floor Boise, ID 83702 (208) 319-3576 carterfroelich@dpfg.com dpfg.com www.dpfg.com DEVELOPMENT PLANNING & FINANCING GROUP, INC.