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Minutes - 2013 - Planning & Zoning - 10/07/2013 - Regular THE CITY OF EAGLE PLANNING AND ZONING COMMISSION October 7, 2013 Minutes 1. CALL TO ORDER: Meeting called to order at 6:00 p.m. 2. ROLL CALL: Present: AIZPITARTE, SMITH, ROEHLING (by phone). 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. Minutes of September 3,2013. B. Findings of Fact and Conclusions of Law for CU-04-13/PPUD-04-13/PP-06-13/RZ-13-05 -Foxglove Estates Subdivision-Linder 17 Investment,LLC.: Linder 17 Investment, LLC, represented by John Rennison with Rennison Engineering, is requesting a conditional use, preliminary development plan, and preliminary plat approvals for Foxglove Estates Subdivision, a 44-lot(38-buildable and 6-common) subdivision. The 16.3-acre planned unit development is generally located at the northwest corner of North Linder Road and West Saguaro Drive. C. Findings of Fact and Conclusions of Law for CU-06-13—Conditional Use Permit- Restaurant(with drive thru service)—Eagle River Hospitality,LLC: Eagle River Hospitality,LLC, represented by Phil Hull with The Land Group, Inc., is requesting conditional use approval for a restaurant with drive thru service. The 2.96-acre site is generally located on the east side of South Eagle Road(SH-55) approximately 145' south of the intersection of East Riverside Drive and South Eagle Road (SH-55), Lot 6, Block 4, Mixed Use Subdivision No. 2, at 145 East Riverside Drive. D. Findings of Fact and Conclusions of Law for RZ-24-06 MOD4 & PP-03-12 -Renovare Subdivision -Renovare Development,LLC.: Renovare Development, LLC, represented by John Rennison with Rennison Engineering is requesting a development agreement modification and preliminary plat approval for Renovare Subdivision a 67-lot(55 buildable, 11 common, and 1-park site)residential subdivision. The approximately 37.38-acre site is generally located on the east side of South Edgewood Road approximately 710-feet south of State Highway 44. Staff requests item 3D-Findings of Fact and Conclusions of Law for RZ-24-06 MOD4 & PP-03-12 -Renovare Subdivision be pulled from the consent agenda for further discussion. The consent agenda will consist of items 3A,3B,and 3C. Smith moves to approve the consent agenda as revised. Seconded by Roehling. ALL AYE...MOTION CARRIES. Aizpitarte abstains from voting as he was not at the meeting on 9/3/13. Page 1 of 3 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-10-07-13min.doc 3D. Findings of Fact and Conclusions of Law for RZ-24-06 MOD4 & PP-03-12 -Renovare Subdivision-Renovare Development,LLC.: Renovare Development, LLC, represented by John Rennison with Rennison Engineering is requesting a development agreement modification and preliminary plat approval for Renovare Subdivision a 67-lot(55 buildable, 11 common, and 1-park site)residential subdivision. The approximately 37.38-acre site is generally located on the east side of South Edgewood Road approximately 710-feet south of State Highway 44. John Rennison asks for clarification on the set backs for item 3D. City Planner Williams addresses the commission and discusses this application. Aizpitarte moves to change the wording in 3.4 to reflect 20 ft. to front loaded garage and living space(5 ft. reduction for side entry garage), rear change from 15 ft. to 3 ft.,on page 27 of 36 on lots 31,32,44,45 and 54 and 55,we are going to change rear to 3 feet and then lots 47,48 change 16 ft.,5 feet reduction for side entry garage and living space,change rear from 15 feet to 3 feet and then on lot 51,change 20 feet to front loaded garage 5 foot and living space, five foot reduction for side entry garage and we are going to change rear from 15 feet to 3 feet and that is for lot 51. Seconded by Smith. Discussion. Aizpitarte moves to amend his motion to take living spaces out and change the 15 to 3 feet. Second concurs. ALL AYE...MOTION CARRIES. 4. UNFINISHED BUSINESS: NONE 5. PUBLIC HEARINGS: A. A-03-13/RZ-04-13/CU-05-13/PPUD-05-13/PP-09-13 - Lanewood No. 2 Planned Unit Development- Lanewood Eagle, LLC: Lanewood Eagle LLC, Represented by Shawn Nickel with SLN Planning, is requesting an annexation, rezone from R2 (Residential—Ada County Designation)to R-3-DA-P (Residential up to three units per acre with a development agreement PUD), Conditional use, preliminary development plan, preliminary plat approvals for Lanewood Subdivision No. 2, a 158-lot (142 buildable and 16 common) residential subdivision. The 72.93-acre planned unit development is generally located on the north side of West Floating Feather Road approximately 1,300-feet west of the intersection of North Linder Road and West Floating Feather Road at 5247 West Floating Feather Road. This item was continued from the September 16, 2013 meeting. Chairman Aizpitarte introduces the item. Shawn Nickel, 1589 N. Estancia Place,reviews the application. City Planner Williams addresses the Commission and reviews the application. Aizpitarte opens the public hearing. Bill Deaver, 5514 W. Founders Drive, Legacy Subdivision, addresses the commission. Concerned about a berm and fence for noise abatement within this subdivision,would like it to be consistent with phase 1. Curt Crowse, 2220 N. Lanewood, concerned about stub required by ACHD and water shares/rights that he has and how he is going to get his water. Developer has been a good neighbor so far. Further discussion with the applicant. Aizpitarte closes the public hearing. Discussion among the Commission. Smith recommends for approval A-03-13/RZ-04-13 Lanewood No.2 Planned Unit Development. Seconded by Roehling. Discussion. Per discussion with City Planner Mike Williams,the motion to approve this part of the application with no changes to fencing should be to move to approve the annexation and rezone with the staff recommended conditions of development to be placed in the development agreement,stop. So moved by Smith. Second concurs. ALL AYE...MOTION CARRIES. Page 2 of 3 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-10-07-13min.doc Smith recommends for approval CU-05-13/PPUD-05-13/PP-09-13 Lanewood No.2 Planned Unit Development. Seconded by Aizpitarte. Discussion with City Attorney. Smith amends the motion to add the following revisions: Site specific condition#5: the site be a minimum of eight feet to be reduced to six feet. Site specific condition#6: stays the same. Site specific condition #11: that the request for a 50 ft.wide buffer area be reduced to 35 ft. buffer area as requested. Site specific condition item#13: make to width consistent, request to reduce the pedestrian pathway from 10 ft. down to 6 ft.should be granted. Seconded by Aizpitarte. Discussion. ALL AYE...MOTION CARRIES. 6. NEW BUSINESS: None. 7. REPORTS: A. Commission: Dave's last meeting. Thank you to Dave for his service. Hugs and kisses to everyone from Dave. B. City Attorney: Concerns that should be passed on to the Zoning Administrator regarding pathway size. C. Staff: Cell tower discussion. 8. ADJOURNMENT: Aizpitarte moves to adjourn at 8:15 p.m. Seconded by Smith. ALL AYE...MOTION CARRIES. RESPECTFULLY SUBMITTED: •••• ',••., .0% E A G1, . I,•• / tr 09.A7 4A •'//��/ J I1L/i • 41 • s SHAR I I . BERGMA A's 1,c: °. e ti s O CITY CLERK/TREASURER *'•.• S�' •;.• STATE ,, , ,, APPROVED: frt DAVE AIZPI RTE 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-10-07-13min.doc EAGLE PLANNING & ZONING PUBLIC HEARING SIGN-UP SHEET A-03-13/RZ-04-13/CU-05-13/PPUD-05-13/PP-09-13 - Lanewood No. 2 Planned Unit Development- Lanewood Eagle, LLC: Lanewood Eagle LLC, Represented by Shawn Nickel with SLN Planning, is requesting an annexation, rezone from R2 (Residential — Ada County Designation) to R -3 -DA -P (Residential up to three units per acre with a development agreement PUD), Conditional use, preliminary development plan, preliminary plat approvals for Lanewood Subdivision No. 2, a 158 -lot (142 buildable and 16 common) residential subdivision. The 72.93 -acre planned unit development is generally located on the north side of West Floating Feather Road approximately 1,300 -feet west of the intersection of North Linder Road and West Floating Feather Road at 5247 West Floating Feather Road. This item was continued from the September 16, 2013 meeting. NAME October 7, 2013 ADDRESS/ TESTIFY TELEPHONE/E-MAIL YES/NO? PRO/CON iS iJ r cke L Le ov-1/e4- c5 IL -f- 0) Cilet �r^ 1/c