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Minutes - 2013 - Planning & Zoning - 12/02/2013 - Regular THE CITY OF EAGLE PLANNING AND ZONING COMMISSION December 2,2013 Minutes 1. CALL TO ORDER: Meeting called to order at 6:01 p.m. 2. ROLL CALL: Present: Present: SMITH, VILLEGAS, ROEHLING, KOELLISCH, 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 18,2013. B. Findings of Fact and Conclusions of Law for 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). C. Findings of Fact and Conclusions of Law for 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. Smith moves to approve the consent agenda as presented. Seconded by Koellisch. ALL AYE...MOTION CARRIES. 4. UNFINISHED BUSINESS: NONE 5. PUBLIC HEARINGS: A. A-04-13/RZ-05-13/PP-10-13 — Castle Rock Subdivision - Hammett Homes: Hammett Homes, represented by Dave Yorgason with Tall Timber Consulting, is requesting an annexation, rezone from RUT(Rural-Urban Transition—Ada County designation)to R-E-DA(Residential-Estates—up to one(1) unit per two (2) acres with a development agreement), and preliminary plat approvals for Castle Rock Subdivision, a 6-lot (5 buildable, 1 common [private road]) residential subdivision. The 10.04-acre site is generally located on the east side of North Meridian Road approximately 940 feet north of West Floating Feather Road. This item was continued from the November 4, 2013 meeting. Chairman Roehling introduces the item. The applicant is requesting this item be continued to December 16, 2013. Staff is in agreement with this request. Page 1 of 4 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-12-2-13min.doc Koellisch moves to continue to date specific A-04-13/RZ-05-13/PP-10-13—Castle Rock Subdivision -Hammett Homes to December 16,2013. Seconded by Smith. ALL AYE...MOTION CARRIES. B. CPA-01-13/ ZOA-03-13/ RZ-07-13- Japheth, LLC Doug Clegg of Japheth, LLC represented by Shawn Nickel of SLN Planning, is requesting, a Comprehensive Plan Text Amendment to establish language for the"Guerber Park Planning Area"a+/- 52.5 acre subarea located at the NW corner of State Highway 55 and Hill Road, and a site specific Comprehensive Plan Map Amendment to change the future land use map designation from Residential Three (up to three (3) units per acre) to Mixed Use, a Zoning Ordinance Amendment to Eagle City Code 8-6-4-5: Housing for Older Persons to amend minimum project size and the allowance of private roads, and a rezone from R-3 (Residential Three- up to 3 units per acre) to MU-DA(Mixed Use with a Development Agreement)to construct a mixed density residential development including"Housing for Older Persons". The 23.85 acre site is located at the SW corner of E. Sadie Drive and N. Echohawk Way Chairman Roehling introduces the item and opens the public hearing for item 5B. Smith states that he is acquainted with Mr. Clegg,the applicant,but does not feel that his association will affect his decision making tonight. City Attorney, Cherese McClain states no further disclosure is required. Shawn Nickel, 1589 N. Estancia Eagle, Idaho representing Japheth, LLC. Mr. Nickel reviews the applications before the Commission tonight. The site is the old gravel pit along highway 55. There is a comprehensive plan text and map agreement, as well as rezone application with a development agreement. The applicant has reviewed the staff report and only has an issue with one site specific condition of approval item 3.7: Regarding the 9 single family lots along the ridge near Sadie Drive. The applicant would like the lot depths reduced from the 10,000 square feet lot size staff has recommended as a condition. They would like the requirement reduced to around 9,000 square feet lot size. Mr. Nickel states that the Developer is just beginning the reclamation of this property. City Planner, Kristy Heller states that Mr. Nickel has accurately portrayed the application before the Commission tonight. In regard, to item 3.7: Eagle City Code requires 10,000 minimum square feet lot size for an R-3 zone. Staff wanted to stay consistent with what was previously approved with Arbor Ridge Subdivision and what is currently approved and built immediately across the street from Sadie Drive. City Planner, Nichoel Baird Spencer and Planner Heller discuss with the Commission for clarification regarding the impact of the reduced lot size, private road usage, the disallowance of strip malls. General discussion. Chairman Roehling invites the public in attendance to speak in favor, against or neutral for this item. Mark Kelly, with Eagle Legacy is the property owner to the south and his partner is Pete Whitehead. Mr. Kelly is in favor of the overall concept plan but has concern regarding language for the sub-area text changes. Mr. Kelly does not know what he will be doing with his property at this time, and would rather not restrict the allowance of strip malls. He would rather not have the restriction of entitlements allowed at this time, in regard to usages and site access especially with the potential of affecting the future development of Mr. Kelly's property. Mr. Kelly has been in contact with Ada County Highway District Staff and discussed his traffic concerns. There is a lot of concern that this application will constrain further development of the property that Mr. Kelly owns. Discussion between Mr. Kelly, the Commission and City Planners. After discussion, and staff relaying newly recommended language that staff had included in the staff report,Mr.Kelly is satisfied with the project. Robert Norton, 2528 E. Sadie Dr. Eagle, Idaho. Mr.Norton is the owner of the small park on the right of the property. He had purchased the park and kept up on the maintenance, in hopes that keeping it up, would bring in a developer who would do what was originally planned. Mr.Norton has worked with Mr. Clegg and he has always been a man of his word. He is supportive of the proposal. Page 2 of 4 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-12-2-13min.doc Catherine Jager, 2528 E. Sadie Dr. Eagle, Idaho. Ms. Jager has lived in Arbor Ridge for 8 years. There has been a lot of dumping in the pit, and has lived through previous developers not living up to their word. She has had interaction with Mr. Clegg and he has always been a man of his word. They understand that others in the subdivision have concern with the residential homes on Sadie Drive. It has always been Ms. Jagers understanding that that land would develop. They would rather give up their view than see Mr. Clegg take everything and leave. Pete Whitehead, 308 Main Street Hailey, Idaho. Mr. Whitehead is Mark Kelly's business partner and after listening tonight he has no objection to Doug Clegg's development. Ronald Davis, 2642 E. Sadie Drive Eagle, Idaho. Mr. Davis reads his comment into the record; the same is attached to the record. The two major issues are with zoning compatibility and zoning transition. He is concerned with the amount of fill that will be required for the rehabilitation of this site. He also, requests that they remain strictly R3, and if Mr. Clegg chooses to continue to develop, that he would hope he'd consider other options. The minimum lot size needs to be compatible with Sadie Drive. The transition is of concern as the topography lines have changed since the original application was submitted in 2001. Due to the change in topography there should not be any homes on the south side of Sadie Drive, it would give a better transition as well as a pleasant view. Tami Davis, 2642 E. Sadie Drive Eagle, Idaho. Mrs. Davis is in favor of the 55+ residence in the lower area of the development, even though it would stress the road system. She is opposed to homes that would be constructed that would impede their current view. They were unaware of the potential of homes being constructed when they purchased their home. She would like to maintain that area as it is now and move forward with the over 55 community, which she believes it will be a great plus for the City of Eagle. Lynette Leasure, 2516 E. Sadie Drive Eagle, Idaho. Ms. Leasure is one of the newer residents in Arbor Ridge. Ms. Leasure presents a petition that was signed by several of her neighbors; she reads the same and submits the same into the record. She states that they are in favor of the 55+community that is being proposed in the pit. They would like the setbacks to remain consistent with the rest of Arbor Ridge development, zoning to remain R-3. There may be parking issues,traffic congestion and sidewalk issues if the zoning is changed. They would like the value of their property protected, and not devalued by the allowance of smaller lots. The proposed change will cause the access connection to be removed between Sadie Drive Park to Guerber Park. They would like to give input on any zoning changes in the future that may be proposed for this site. General discussion between Ms. Leasure, Commission and City Staff. Angela Deckers, 2249 Dickey Circle Eagle, Idaho. Ms. Deckers is concerned with the zoning change. She has had several pleasant interactions with Mr. Clegg. Her concern is if Mr. Clegg goes away what will happen to the development, now that you have changed the zoning to mixed use. There are several development options with a mixed use zone including light industrial, commercial, and dwelling up to 20 units per acre. She would like it to remain R-3 until the development agreement is in place. Brent Jennings, 2675 E. Mariposa Drive Eagle, Idaho. Mr. Jennings is in favor of the 55+ development, and also feels the zoning should remain consistent with the zoning on Sadie Drive. Mr. Jennings is curious about the development of the 4 specific lots on the northern portion of the development and the access plan. He is in favor of the water feature in the park that is being proposed. The fence on the Highway 55 berm has failed and it is his hope that it would be repaired. Shawn Nickel rebuts testimony. The 23 acres is the only portion that the applicant is asking to rezone at this time. The Comprehensive Plan amendment encompasses the entire 52.5 acre sub-area located at the NW corner of State Highway 55 and Hill Road. In regard to the development agreement it locks them into what they're specifically asking, which is 9 lots on the rim, four lots up top, and a maximum of 104 units down below with the retirement community. Mr. Nickel relays the history of how the Comprehensive Plan amendment was brought forth. The berm and the park are not part of this application, its part of a separate reclamation agreement between the City Council and Mr. Clegg. Page 3 of 4 K:\P8Z\MINUTES\Temporary Minutes Work Area\PZ-12-2-13min.doc Douglas Clegg, 1342 E. Covey Run Ct. Eagle, Idaho. Mr. Clegg briefly comments on the reclamation project and the agreement he has entered into within the City. The 9 lots on Sadie Drive are the exact same as was originally proposed by the developer before. The lots themselves will be sold at around $120,000, and with the view that will accompany the lots the homes will probably start at $500,000, as you can see all the way to Boise from these lots. The size reduction to 9,000 was to address the berm back drop. The intent in reducing the depth of the lot of ownership is not intended to reduce their backyard,but it is to give the association control of the backdrop. With the improvements to the site, he believes their home values will be retained if not improved. The fence along Highway 55 will be removed. Discussion. A new pedestrian pathway that will allow access to Guerber Park was required as part of the reclamation agreement with the City. Roehling closes the public hearing. Discussion amongst the Commission. Roehling moves to recommend for approval CPA-01-13/ZOA-03-13/RZ-07-13 Japheth,LLC with the site specific and standard conditions of approval, with the following change: conditions 3.7 changing the lot size to 9,000 sq.ft minimum,with all setbacks and lot coverage complying with the R-3 zone and that those lots be developed with an HOA common area to the rear of the site that is to be maintained. Seconded by Villegas. Discussion. ALL AYE...MOTION CARRIES. 6. NEW BUSINESS: None 7. REPORTS: A. Commission: None B. City Attorney: None C. Staff: None 8. ADJOURNMENT: Smith Moves to adjourn. Seconded by Villegas. ALL AYE...MOTION CARRIES. Hearing no further business, the Commission meeting adjourned at 8:17 p.m. ,, RESPECTFULLY SUBMITTED: o`' OF E 0 R+S .f► .. • 1� l !_41.deii_ii 1 * •••••• * F. •SHARON K. BERGMANN • SEAL CITY CLERK/TREASURER ••'•. ••4."ORATM:›.j.0 ■ ••'•.9 OF P.•`� APPROVED: cao DONALD P. ROEHLING, CHAIRMAN AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page 4 of 4 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-12-2-13min.doc EAGLE PLANNING & ZONING PUBLIC HEARING SIGN-UP SHEET CPA -O1-13/ ZOA-03-13/ RZ-07-13- ,ianheth, LLC Doug Clegg of Japhcth, LLC represented by Shawn Nickel of SLN Planning, is requesting, a Comprehensive Plan Text Amendment to establish language for the "Guerber Park Planning Area" a +/- 515 acre subarea located at the NW corner of State Highway 55 and Hill Road, and a site specific Comprehensive Plan Map Amendment to change the future land use map designation from Residential Three (up to three (3) units per acre) to Mixed Use, a Zoning Ordinance Amendment to Eagle City Code 8-6-4-5: Housing for Older Persons to amend minimum project size and the allowance of private roads, and a rezone from R-3 (Residential Three- up to 3 units per acre) to MU -DA (Mixed Use with a Development Agreement) to construct a mixed density residential development including "Housing for Older Persons". The 23.85 acre site is located at the SW corner of E. Sadie Drive and N. Echohawk Way. December 2, 2013 NAME O A -2v_ (lam, t✓- A%ri ()D- Lot it45-11°— Kodut_A-- )6 1\ ,e,„ 0 ��j►111��; kle/ltut `) I l Lake ur\z--x-Lzc(, S / w,./ Ajt —7-,4, /' l tJ UAtC',c s 4 Ai D,24-_4 :7t3 kiG)J' ADDRESS/ TELEPHONE/E-MAIL tie 7 N kit/ c Ly 010 r (L : 1 d t/C el c- fj V4 7 w\.xc-t cbyL. p'2 ) 109 IL ben 5_0111 grN5 4s l v►. al I 2�2E' 8A ;7/ Z i. ti*,)R i [ Li C etae t C. /\6111-- -:>(-11)1/C (:2&41( I �Y 4tc'\ \e , 1 D ce) i b r s-3/40/0 7C Jce . c ss,..ivaylA,04„ . J S f (/L ) / r,, ° 7 'v- s14 NC (A Z _;(1.b /c V/< 577 E M+tr', P03-1 7(Z Esc �c- r 9 F3. G i TESTIFY YES/NO? PRO/CON' CC,n 71 5 C 5 l j lb/ x v Iv Prz EAGLE PLANNING & ZONING PUBLIC HEARING SIGN-UP SHEET CPA -O1-13/ ZOA-03-13/ RZ-07-13- Japheth, LLC Doug Clegg of Japheth, LLC represented by Shawn Nickel of SLN Planning, is requesting, a Comprehensive Plan Text Amendment to establish language for the "Guerber Park Planning Area" a +/- 52.5 acre subarea located at the NW corner of State Highway 55 and Hill Road, and a site specific Comprehensive Plan Map Amendment to change the future land use map designation from Residential Three (up to three (3) units per acre) to Mixed Use, a Zoning Ordinance Amendment to Eagle City Code 8-6-4-5: Housing for Older Persons to amend minimum project size and the allowance of private roads, and a rezone from R-3 (Residential Three- up to 3 units per acre) to MU -DA (Mixed Use with a Development Agreement) to construct a mixed density residential development including "Housing for Older Persons". The 23.85 acre site is located at the SW corner of E. Sadie Drive and N. Echohawk Way. December 2, 2013 NAME 11n + f Le s, , r -e. ADDRESS/ TESTIFY TELEPHONE/E-MAIL YES/NO? PRO/CON 5 Up Or �eS jE5 ;103(7 (1 1-11.1-10 Eagle Planning and Zoning, As the resident of the newest home built in Arbor/Ringo Ridge I am interested in providing my comments about the proposed development by Japheth LLC. In general, the proposed 55+ community appears to be a fine use of this property once the pit is properly rehabilitated. I am, however, concerned with the enormous amounts of fill that will be required to accomplish the developers proposal for the 8/9 single family homes on the south side of Sadie. Two major issues I would address here are zoning compatibility, and zoning transition. First, compatibility: There has been a proposal for homes on the south side of Sadie Dr. since an application for development was submitted to the city in April of 2001. If you have worked for the city, the water company, the sewer department for less than 12 years, there has always been a proposal for home sites on the south side of Sadie dr. The original plats for the Arbor ridge subdivision called for the same number of homes on S. Sadie as the developer is proposing, but the average lot size was ^'11,300 sq ft. There are 10 homes on N. Sadie with an average lot size of ~11,200. The proposed plan, however, appears to have Tots smaller than stated. I would venture to guess 9000 sq ft. With smaller lots come tighter setbacks from the street and from house to house and adds to the "canyon" effect when you walk down a street. It gives no space for RV parking...one of the many issues HOA's have is trailers and parking. Basically, having homes on one side of the street be zoned differently than the other side is generally not desireable, even if stated as such in a development agreement. The devil is always in the details. Second, zoning transition: At initial glance, home sites on S. Sadie seem to be the right fit to provide transition, but the land topography has changed significantly since the initial conception of Arbor Ridge. In reviewing the topography on the original plat dated April 2001. I've noticed things have changed. Topography lines are very different. More change on the east end of Sadie than for the west end of Sadie. There is a gigantic hole 40+ feet deep. Over the years the land has been excavated and carted off for use elsewhere in the treasure valley, and likely including development of Echohawk Dr. coming up the hill off Hill road (the closest fill available). This new topography changes the equation from the original proposal. This is key in understanding my opposition to home sites and/or desire to have fewer homes on this side of the street. I understand there are water and sewer services in place for homes on S. Sadie Dr, but I suggest that the few dollars spent to add these service stubbs back in the "go go" development days was nothing, and decisions on how to cope with the new topography on S. Sadie Dr. were attempted, failed, ultimately pushed down the road and abandoned with unmet expectations to the city and to the residents of the area into the mess that exists there today. I fear that proceeding with these homes on the basis of having existing water and sewer is tripping over dollars to save pennies. The benefit is just not there. Not to the developer, not to the existing residents of Sadie Dr. or to Arbor ridge, and not to the future residents of the 55+ community. Not having homes on 5. Sadie Dr. street itself provide a wider more diverse transition than more single family homes level with Sadie Dr. It would give a wider expanse between the higher density 55+ homes and Arbor ridge with the elevation transition and a street (Sadie Dr.) between the two developments. The south sidewalk of Sadie would provide wonderful view when walking between Guerber park and the developer's proposed open area east of Echohawk. The elevation transitions being proposed are already in the existing topography on the eastern most half of S. Sadie dr. It seems an enormous effort to move an amount of dirt ori par with a freeway overpass for the creation of several view lots. If view lots are what the developer seeks, might I suggest portions of his land that already have elevation , nearer the park and possibly down a "partially" excavated berm. I know there are others who have expressed concern for losing the berm. I understand the win-win with the developer's successful implementation of this project and the benefit the city of Eagle gets in exchange for excavating the berm between Guerber park and the proposed development and using this as fill for the rubble pit rehabilitation, but only for his needs within the pit. Maybe even review the Memorandum of understanding in currently in process. This unnecessary transfer of dirt to trade one location of elevation for another is, in my opinion, contrary to the natural flow of the topography, certainly which has been changed by years of excavation. We cant undo what we've done in the pit. Trying to reclaim what has been excavated over 70+ years just makes the neighborhood iook like a bunch of manufactured berms like you see on Highway 84, or the new bridge at Hwy 16. How about we leave some flow and elevation change instead of a mass excavation of the land. I understand the berm in its current state is unbuildablc, but we don't have to completely remove it to be suitable for the developer's purposes and still provide a net win to the park and ultimately the city of Eagle. \oNAL o•GeNsv 4 15376 sziP i OF10Q �"COO. P2. la/a//3 Petition for Consideration on Public Hearing on "Gerber Park Planning Area" State Highway 55 & Hill Road to include Sadie Drive & N. Echohawk Way. The following signatures request that the zoning along Sadie Drive at the minimum remain R-3 to protect the value of the existing homes bordering the opposite side of Sadie Dr and the Arbor Ridge Housing Neighborhood. We also ask for a buffer between Sadie Dr and the development below Sadie Dr — the Housing for 55 and Older Persons, to include the expansion of the existing park located on Sadie Dr. above Gerber Park as part of this buffer. The last request is that we ask for a special stipulation on the lower property development including the Housing for 55 and Older Persons. The stipulation would require that if any and all potential changes which may be pursued on the property regarded in this hearing be made, to include other development plans, other than the existing plan for the Housing for 55 and Older Persons, that developer/builder must resubmit the changes and new plan for approval to include an opportunity for the Arbor Ridge Neighborhood to offer comments or consideration to these changes to the City of Eagle during a Town Hall Meeting regarding these changes. We ask for these considerations in -order to protect the continuity of our area and specifically the values of our homes. By placing our signature below we are also agreeing to Lynette Leasure to speak on the behalf of continuity of our area in the specific area of protecting our homes values at the Town Hall Meeting On December 2, 2013. 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