Minutes - 2013 - Planning & Zoning - 11/18/2013 - Regular THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
November 18, 2013
Minutes
1. CALL TO ORDER: Meeting called to order at 6:00 p.m.
2. ROLL CALL: Present: Present: SMITH, VILLEGAS, ROEHLING, KOELLISCH, Absent:
WRIGHT. 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 November 4,2013.
Smith moves to approve the minutes of November 4, 2013 as presented. Seconded by Koellisch.
ALL AYE...MOTION CARRIES. ..(Villegas abstains).
Villegas was not in attendance at the meeting of November 4, 2013, thus he abstained from voting.
4. UNFINISHED BUSINESS: NONE
5. PUBLIC HEARINGS:
A. A-05-13/RZ-06-13/CU-07-13/PPUD-06-13/PP-11-13—Bella Terra Subdivision No. 2—Iron
Mountain Real Estate,Inc.: Iron Mountain Real Estate, Inc., represented by Kent Brown, is requesting
an annexation, rezone, conditional use, preliminary development plan, and preliminary plat approvals for
Bella Terra Subdivision No. 2, a 49-lot(42-buildable and 7-common) subdivision. The 17.97-acre site is
located on the west side of North Linder Road north of Floating Feather Road (approximately 1,320-feet
north of the intersection of North Linder Road and Floating Feather Road).
Chairman Roehling opens the public hearing and introduces the item.
City Planner Kristy Heller notes that the applicant for item 5A has offered to allow item 5B be heard
prior to their item.
Brief discussion pertaining to procedure with guidance given by City Attorney, Cherese McClain.
Roehling moves to change the agenda to replace item. 5A as currently written, with item 5B —
essentially re-ordering those 2 items. He tables the hearing on A-05-13, previously stated item 5A.
Seconded by Koellish. ALL AYE...MOTION CARRIES.
Table the hearing on item 5B Bella Terra Subdivision.
A. CU-08-13/PPUD-07-13/PP-12-13—Snoqualmie Falls Subdivision No. 5—Horseshoe Flats,
LLC.: Horseshoe Flats, LLC., represented by Ben Thomas with Civil Innovations, is requesting a
conditional use, preliminary development plan, and preliminary plat approvals for Snoqualmie Falls
Subdivision No. 5, a 74-lot(69-buildable and 5-common) subdivision. The 20.73-acre site is located
south of Floating Feather Road, between Linder Road and Palmer Lane at the terminus of West Signature
Drive.
Chairman Roehling opens the public hearing and introduces the item.
Justin Martin 539 E. Kilab Trail Drive Meridian, Idaho representing Horseshoe Flats LLC. This is an
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extension of the Legacy Development. The proposal is for 69 buildable lots with 5 common lots on
20.73 acres. The applicant would like to discuss a site specific condition of approval 4 in the staff report
and reviews the same pertaining to the requirement of a development agreement modification. The
applicant would rather not modify the development agreement every time there is a deviation from the
original bubble plan. Discussion for clarification.
City Planner Kristy Heller reviews the staff report. Staff is in agreement with the open space calculations
that the applicant mentioned. Staff is requesting the applicant seek a modification to the development
agreement. It is an appropriate tool, and another tracking mechanism to ensure compliance with the
approved application.
City Attorney McClain does not feel that the changes to the map make a sustentative change to the
development agreement. The existing development agreement could remain and an alternate tracking
mechanism could be utilized. The requested development agreement modification is more a staff
convenience factor, in her opinion, rather than a legal requirement.
Discussion.
Roehling invites members of the public to speak in favor, against or neutral regarding the
application.
No one choses to speak.
Mr. Martin rebuts testimony. The applicant is in agreement with the requirements that the City Engineer
has placed on the development. Mr. Martin displays a table and states that they feel that the applicant
and City Staff could track the changes with a spreadsheet verses requiring a development agreement
modification or amendment. The developer would like to be able to meet the needs of the current market
immediately rather than wait for the process that is required to bring forward development agreement
modifications. Discussion.
City Attorney McClain states that a development agreement does not appear to be a statutory
requirement; it appears to be of more a convenience for staff and staffing tracking. Discussion.
Roehling closes the public hearing.
Discussion amongst the Commission.
Smith moves to recommend for approval item 5A CU-08-13/PPUD-07-13/ PP-12-13 Snoqualmie
Falls Subdivision No. 5 — Horseshoe Flats, LLC. with the exception of the rewording of item 4 in
the site specific conditions of approval,to basically reflect that the applicant shall provide a revised
conceptual land use plan with a bubble plan. Attorney McClain states the rest of the condition should
remain. Smith: identifying all approvals to date, and adjust it to represent the revisions proposed
with this phase prior to the submittal of any additional preliminary plat associated with Legacy
Development. Seconded by Villegas. Discussion. MOTION CARRIES.
B.—A. A-05-13/RZ-06-13/CU-07-13/PPUD-06-13/PP-11-13—Bella Terra Subdivision No.2—Iron
Mountain Real Estate,Inc.: Iron Mountain Real Estate, Inc., represented by Kent Brown, is requesting
an annexation, rezone, conditional use, preliminary development plan, and preliminary plat approvals for
Bella Terra Subdivision No. 2, a 49-lot(42-buildable and 7-common) subdivision. The 17.97-acre site is
located on the west side of North Linder Road north of Floating Feather Road(approximately 1,320-feet
north of the intersection of North Linder Road and Floating Feather Road).
Chairman Roehling goes back to the previously opened hearing for Bella Terra Subdivision No. 2.
Kent Brown, 3161 Springwood Meridian, Idaho representing Mountain Real Estate Inc. Mr. Brown
reviews the application, and the history associated with this land. . The applicant is in agreement with the
staff report except for condition number 3 of the site specific condition of approval. They would like the
75' required buffer reduced to 50'near the entrance. This reduction to 50' buffer would also be reflected
in conditions 10 and 15 also speak to similar issues regarding that 75' buffer. Mr. Brown's client has
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been working with the adjoining Home Owners Association to meet the requirements in the staff report
and they continue to work towards that end.
Discussion.
City Planner, Kristy Heller reviews the staff report and cites Eagle City Code requirements pertaining to
landscape buffering. Planner Heller makes herself available for questions.
Roehling invites members of the public to speak in favor, against or neutral regarding the
application.
Bill Riley, 4455 W. Modena Eagle, Idaho. The stub road on the southern end of the development. Allow
the stub road to be used for open space to balance the southern end of the development. It would better
balance the appearance of the neighborhood.
Michael Ryan 1876 N. Monterosa Way Eagle, Idaho. Mr. Ryan is a director of the Home Owners
Association (HOA) for the last several years. The HOA members in Phase 1 recognize that the CCR's
as currently written do not allow for the automatic annexation of phase 2 into phase 1 by supplementary
declaration or any other mechanism. They are currently working with the developer to resolve
outstanding issues. The issues pertaining to density and irrigation are matters of concern at this time.
Just for clarification, while they are working with the developer, an agreement has not been reached at
this time.
Kevin Amar 3681 N. Locust Grove Meridian, Idaho the owner of Iron Mountain Real Estate and the
developer of this project. He took this project over from the previous developer. He is also one of the
builders for this project. Phase 2 does own the pond. It has been the hope to develop this as it had been
originally proposed. They continue to work with the existing homeowners association. They have had a
couple of different neighborhood meetings. He is in favor of Mr. Riley's suggestion of removing the stub
road and also the walking path is proposed to be asphalt.
Planner Heller notes that the stub street requirement is one that was placed by Ada County Highway
District and as they are a signature on the plat, if the applicant would like the stub street removed they
would have to take that directly to Ada County Highway District to seek that change.
Brian Daughtery, 2543 E. Boomer Lane (no city/state given)the resident real estate agent for Bella Terra.
There were 12 homes closed in 2012 in Bella Terra. The pool and common areas are rarely used as the
demographic reflects mostly older people who's children have already left home. He states that all of the
buyers in 2013 understood that Bella Terra 2 would be part of Bella Terra 1 and annexed in. It would
create a financial burden were phase 1 to stand alone.
Tony Calzacorta, 1838 N. Livorno Way Eagle, Idaho. Mr. Calzacorta has been a resident for 3 years.
There have been a lot of changes in the last 3 years, lots of growth, the good and the bad. There has been
a lot of construction activity, mud in the streets, construction debris and loud music. He would like the
builder and developer more accountable for the mess that can result from normal construction process so
it doesn't negatively affect the existing residents.
Kent Brown provides rebuttal. They will strive to continue to work to address construction issues.
When meeting with staff for the pre-application they were not advised that a variance was required for
the reduction of the buffer area. Each jurisdiction is a little different.
Roehling closes the public hearing.
Discussion amongst the Commission.
Villegas moves to recommend for approval 5B A-05-13/RZ-06-13/CU-07-13/PPUD-06-13/PP-I1-13
— Bella Terra Subdivision No. 2 — Iron Mountain Real Estate, Inc. with all of the staff
recommendations. Seconded by Smith. ALL AYE...MOTION CARRIES
6. NEW BUSINESS: None
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7. REPORTS:
A. Commission: None
B. City Attorney: None
C. Staff: Discussion of packet distribution and introduction of new Planning Department
Administrative Clerk.
8. ADJOURNMENT:
Koellisch moves to adjourn. Seconded by Smith. ALL AYE...MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 7:30 p.m.
RESPECTFULLY SUBMITTED:
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SHARON K. BERGMANN (Pit P0kl
CITY CLERK/TREASURER : * �.qb ("
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APPROVED: #,p, OF IDts;:o*
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DONALD P. ROEHLING,
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON
REQUEST.
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
November 18, 2013
SUBJECT: A-05-13/RZ-06-13/CU-07-13/PPUD-06-13/ PP -11-13 —
Bella Terra Subdivision No. 2 — Iron Mountain Real Estate, Inc.:
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
November 18, 2013
SUBJECT: CU-08-13/PPUD-07-13/ PP -12-13 — Snoqualmie Falls Subdivision No. 5 —
Horseshoe Flats, LLC.:
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
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