Minutes - 2013 - Planning & Zoning - 02/04/2013 - Regular THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
February 4, 2013
Minutes
1. CALL TO ORDER: Meeting called to order at 6:35 p.m.
2. ROLL CALL: Present: TANNER, ROEHLING, AIZPITARTE, SMITH. Absent:
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 December 17,2012.
B. Findings of Fact and Conclusions of Law for RZ-5-02 MOD2-Development Agreement
Modification—Instrument No. 107155763—Lakemoor Development DMB Investments,
LLC.: DMB Investments, LLC, represented by Dan Torfin is requesting modifications to the
development agreement(Instrument#107155763) associated with the MU-DA(Mixed Use
with development agreement)zoning of the property. The 178.5-acre, 240-lot(142-
residential, 53-commercial, 45-common)development is located on the east side of S. Eagle
Road approximately one-half mile north of Chinden Boulevard.
C. Findings of Fact and Conclusions of Law for PP-03-05 MOD - Lakemoor Subdivision-
BW Eagle, LLC: DMB Investments, LLC, represented by Dan Torfin, is requesting
preliminary plat modification approval for Lakemoor Subdivision a 330-lot (231 buildable
[82 attached, 149 detached], 39 mixed use, 59 common [5 private road], and 1 well lot)
residential subdivision. The 178.52-acre site is generally located on the east side of Eagle
Road approximately 1000-feet north of Chinden Boulevard.
Aizpitarte and Smith recuse themselves from item A as they were not in attendance at that
meeting of December 17, 2012.
Roehling moves to approve Seconded by Tanner. TWO AYE; TWO ABSTAIN. MOTION
CARRIES.
Tanner recuses himself from items B and C as he was not in attendance when those applications
where heard by the Commission.
Smith moves to approve Consent Agenda items B & C. Seconded by Roehling. THREE
AYE...ONE(Tanner)ABSTAINS. MOTION CARRIES
4. UNFINISHED BUSINESS: NONE
5. PUBLIC HEARINGS:
A. RZ-10-06 MOD/PP-11-06 MOD-Countryland Subdivision-JAL Investments,LLC.: JAL
Investments LLC, represented by Scott Noriyuki with Northside Management, is requesting
modifications to the development agreement and preliminary plat associated with Country land
Subdivision a 17-lot(13 buildable,4 common)residential subdivision. The 6.6-acre site is generally
located % mile west of Ballantyne Road and 1/4 north of State Highway 44 at 2556 W. State Street.
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Scott Noriyuki with Northside Management 6810 Fairhill Place Boise, Idaho, representing Country land
Subdivision. Mr.Noriyuki briefly reviews the application. His client is in agreement with the conditions
contained within the staff report as it is written. Discussion. They have cleaned up the lot lines and
clarified the 13 buildable lots within the subdivision. The open space has been reconfigured, there has
been a pathway created that extends to State Street, and also a cul-de-sac in compliance with ACHD
standards has been included.
City Planner,Mike Williams reviews the staff report.
Aizpitarte opens the public hearing.
Craig Hemmet 2700 W. Timberland Street, present of Timberland Estates HOA President. On behalf of
the Board they are in support of the application, and have spoken to the applicant regarding their
proposed development. They are excited about the connectivity.
Terry Sayer, 2151 W. Forrest Hill, President of the Countryland Estates HOA. She has not seen the
proposed plan. She would like to know the amenities for the proposed park. It is their hope that there is
some connectivity, but also that the park has nice amenities. The common area within Countryland
Estates gets a lot of use and sometimes destructive behavior can occur.
Joe King 170 N. Sierra View Way, Redwood Creek Subdivision. He is the president of the Ballantyne
Ditch Company. He wants to verify that pressurized irrigation is a requirement, and he believes there is
talk to hook into the Timberland Subdivision's system. It is his hope that this application will not gain
final approval until Ballantyne Ditch has reviewed and agreed to any modifications regarding the
pressurized irrigation is concerned. He is concerned with the lot sizes as they abut to the Redwood Creek
lot sizes.
Mike McConnel 2477 W. Conifer Dr. He is concerned with the intensity of the density of the
subdivision. Mr. McConnel is concerned with adjoining property owners having issue with the horses he
owns. He would rather have few lots adjoining the backside of his property., and would like the lot lines
to be more consistent with his. He also states that he did not receive notice for neither this application
nor the initial application for this development.
Craig Hemmet 2770 W. Timberland Street, he is also a home builder and wanting to build homes within
the proposed subdivision. There has been discussion of installing a vinyl fence between the new lots and
existing lots as well as possibly installing additional landscaping. Discussion.
Jack Zastrow 2922 W. Timber Ct. There has been a lot of history with subdivisions developing around
Redwood Creek, it appears that this one might have slipped through. The others were required to be
minimum of 1 acre lots. This one just got missed somewhere along the line in regarding the alignment of
lot lines and the transitioning from lower density to higher density developments.
Scott Noriyaki the existing shop will be removed. He explains how the additional lot was created; there
was no change to the northern property boundaries during the revision of this subdivision and the
application before the Commission tonight. They are planning on a large open field for the open space,
with a couple of arbors and a seating/barbeque area. In regard to the Ballantyne Ditch Company
concerns, the applicant has an executed agreement, and have the water shares obtained, the plans have
been submitted to the City Engineer for review and they are working to ensure that the City requirements
and Ballantyne Ditch Company needs are met. They are going through the process in regard to the
pressurized irrigation. There are no additional lots being proposed to the north of the property with this
proposal. The requested changes comply with the Comprehensive Plan and this is a transitional area in
regard to density. The applicant is willing to work with Mr. McConnel to be good neighbors.
Discussion.
Aizpitarte closes the public hearing.
Discussion amongst the Commission. Discussion regarding lot transition, and appeasing adjoining
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property owners desires expressed tonight. Commissioner Aizpitarte confirms that the irrigation
concerns will be addressed.
Roehling moves to recommend for approval of RZ-10-06 MOD Countryland Subdivision - JAL
Investments, LLC. with the staff recommend conditions of development including the site specific
conditions of Countryland LLC. Seconded by Tanner. ALL AYE...MOTION CARRIES.
Roehling moves to recommend for approval PP-11-06 MOD - Countryland Subdivision - JAL
Investments, LLC. with the staff recommended site specific and standard conditions of approval.
Seconded by Smith. Discussion. Roehling amends to state site specific conditions only. Second
concurs. ALL AYE...MOTION CARRIES.
6. NEW BUSINESS: NONE
7. REPORTS:
A. Commission: No report.
B. City Attorney: No report.
C. Staff:
8. ADJOURNMENT:
Tanner Seconed by Don
Hearing no further business, the Commission meeting adjourned at 7:30 p.m.
RESPECTFULLY SUBMITTED: ..,......,,,
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SHARON K. BERGMANN * : —•s : :
CITY CLERK/TREASURER
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CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON
REQUEST.
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EAC LE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
February 4, 2013
SUBJECT:. RZ-10-06 MOD/PP-11-06 MOD - Countrvland Subdivision - JAL Investments. LLC.::
PLEASE PRINT LEGIBLY
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