Minutes - 2012 - Planning & Zoning - 11/05/2012 - Regular THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
November 5,2012
Minutes
1. CALL TO ORDER: Meeting called to order at 6:04 p.m.
2. ROLL CALL: Present: TANNER, ROEHLING, AIZPITARTE, SMITH, 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. Minutes of October 1,2012
B. Minutes of October 15,2012
Aizpitarte notes 2 clerical errors on page 4 of 4 for the minutes of October 1, 2012.
Aizpitarte moves to approve the consent agenda with the changes to the minutes of October
1,2012 as noted. Seconded by Roehling. ALL AYE...MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE
5. PUBLIC HEARINGS:
A. RZ-16-06 MOD & PP-02-12 — Lion's Gate Subdivision - Lazarus LLC: Lazarus, LLC,
represented by Lance Warnick with Aspen Engineers, is requesting a development agreement
modification and preliminary plat approval for Lions Gate Subdivision a 32-lot (25 buildable, 7
common)residential subdivision. The 27.38-acre site is generally located on the southwest corner of
Ballantyne Lane and West Floating Feather Road.
Chairman Villegas introduces the item.
Lance Warnick 2422 12TH Avenue Nampa, Idaho. Mr. Warnick reviews the application. There is
only site specific condition of approval for the preliminary plat that they are requesting the condition
be changed to correspond with the preliminary plat condition. The clarification is on condition #15;
they would like it to match condition 2.7 under the development agreement modification where it
talks about setbacks.
Aizpitarte has questions bout the increase in number of proposed lots, also if Mr. Warnick has had
the opportunity to meet with the Plunkett's as referenced in a letter in the packet. Mr. Warnick did
meet with the Plunkett's, and expresses their desire to be a good neighbor but does not know their
role in regard to agreements with previous property owners. The 14' barrier the Plunkett's are
requesting is not something they will be able to agree to, but the utility lines and irrigation rights are
things they will definitely be able to comply with. Discussion. Warnick suggests site specific
additional site specific condition 16: Developer shall address the overhead power lines to the south.
Site specific 17: Developer shall provide a fence adjacent to the north and easterly side of the
Plunkett property adjacent to lot 15, 16 and a portion of lot 7. Site specific condition 18: Developer
shall maintain irrigation delivery to the irrigation box installed by the Plunkett's and drainage for the
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improvements on Ballantyne shall be coordinated with ACHD and preserve the Plunkett's delivery.
Discussion regarding the timeline for interaction with the Plunkett's and ACHD requirements.
Zoning Administrator Bill Vaughan reviews the staff report. General discussion.
Chairman Villegas opens the public hearing.
Mike Plunkett 843 Ballantyne Rd. Eagle, Idaho. Mr. Plunkett reviews the history of the sale of the
property to the original developer of the property, who has since sold to the current developer
Lazarus LLC. Speaks to the overhead power lines and transformer location, entrance location, the
number of lots proposed and lot location, and the 8' high berm with 6' high fence request.
Dustin Simpson1155 N. Ballantyne Ln. Eagle, Idaho. Mr. Simpson comments on the blind curve and
the location of the entrance, his concern is the rate of speed which vehicles will be entering the road
i.e. traffic safety. Mr. Simpson suggests reducing the speed limit to 25 miles per hour. He also
inquires if sewer has been extended to this property.
Lance Warnick rebuts testimony. Mr. Warnick illustrates the size of the berm with the fence atop to
provide a visual of what the Plunkett's are requesting.
Chairman Villegas calls a 10 minute recess for the applicant and the Plunkett's to attempt to reach an
agreement in regard to the berm.
Mr. Warnick states that after speaking with the Plunkett's during the break and getting some
clarification it is their understanding that the Plunkett's would like a berm 6' high measured on the
Plunkett side of the property with a vinyl fence.
Roehling feels like this is good progress, but does not feel that there is anything concrete to be acted
on tonight. Discussion.
Warnick is proposing the construction of a 6' high berm, measured from the Plunkett' side with a 3-1
slope, and a vinyl fence of 6' in height with solid and lattice combination, adjacent to lot 7, 15 and
16. The berm location would be approximately 15' on the Plunkett property with the rest on the
Lion's Gate side. The applicant would like to keep the option of the two story homes for these lots.
General discussion.
Chairman Villegas closes the public hearing.
Deliberation amongst the Commission. Tanner feels for the Plunkett's, however if there are no legal
requirements of the new owners with the Plunkett's. If they can come to a mutual agreement then
that is good, but as a Commission we are called to act within the law. Aizpitarte concurs, however if
they have come to an agreement regarding the 6' berm and fencing then he would be agreeable to that
condition. Smith states he was moved by the appeal by the Plunkett's but also understands that
without the agreement being recorded with the land it is a difficult situation. He is pleased with the
interaction with the applicant and the Plunkett's tonight. Roehling is still concerned with the
wording regarding the berm. Villegas comments on what a great a diverse Commission members
Eagle has and the various backgrounds that we bring to the table. It is also their duty to keep things
on the straight an narrow, however the developer is getting an additional lot and therefore if they
should give something in return. Discussion.
Aizpitarte moves to recommend approval RZ-16-06 MOD & PP-02-12 — Lion's Gate
Subdivision - Lazarus LLC. with the following stipulations. Under 2.7 staff recommendations
for development agreement 2.7 is stricken. Under site specific conditions of approval 7: it shall
read: The developer shall provide 3" minimum caliper shade class trees, we shall change that
to: The developer shall provide shade class trees in compliance with City Code. Landscape
plan shall be reviewed and approved by the Design Review Board along with both sides of the
street with in this development. Under site specific condition of approval 8: It shall say: A
detailed landscape plan showing how the trees will be integrated in the open space or private
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Hearing no further business, the Commission meeting adjourned at 8:05 p.m.
RESPECTFULLY SUBMITTED:
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SHAR Sri l K. BERGMANN ' t" 0 s
CITY CLERK/TREASURER ' v •u P Q
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APPROVED:
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VICTOR VILLEGAj,
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALLUPON
REQUEST.
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
November 5, 2012
SUBJECT: RZ-16-06 MOD & PP -02-12 — Lion's Gate Subdivision - Lazarus LLC:
NAME
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ADDRESS/ TESTIFY
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Tracy Osborn
From:
Sent:
To:
Subject:
paul werner [paulfwerner@yahoo.com]
Monday, November 05, 2012 1:08 PM
Tracy Osborn
Re: Staff report for Lion's Gate
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Tracy
Thank you for the staff report copy for the Lion's Gate Subdivision. As an Eagle resident who uses
both Floating Feather Road and Ballantyne, I have some comments below:
1. Sidewalks and curb should be required for both Floating Feather and Ballantyne.
2. The irrigation ditch needs to have some type of protection for safety reasons.
3. I did not notice a common area designated for children recreation and adult use. A subdivision of
this size should have a common area available so that children are not always on the street playing.
4. Adequate site distance should be double checked for egress ingress due to the terrain in the area.
Thank you,
Paul Werner
928 W. Oceano Bello Dr.
Eagle, ID 83616
From: Tracy Osborn <tosborn a(?,citvofeagle.orq>
To: "paulfwerner aavahoo.com" <DaulfwernerOvahoo.com>
Sent: Friday, November 2, 2012 10:21 AM
Subject: Staff report for Lion's Gate
Attached is the staff report you requested for the Lion's Gate Subdivision, as well as the agenda for Monday's
Planning & Zoning Commission meeting.
Please let me know if I may be of further assistance.
Tracy E. Osborn, CMC
Sr. Deputy Clerk/Treasurer
City of Eagle, ID
208-939-6813
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