Minutes - 2013 - Planning & Zoning - 12/16/2013 - Regular THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
December 16, 2013
Minutes
1. CALL TO ORDER: Meeting called to order at 6:01 pm
2. ROLL CALL: Present: Present: SMITH, VILLEGAS, KOELLISCH, WRIGHT. Absent:
ROEHLING. 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. Findings of Fact and Conclusions of Law for 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.
Villegas moves to approve the Findings of Fact and Conclusions of Law for CPA-O1-13/
ZOA-03-13/ RZ-07-13-Japheth, LLC.: Seconded by Smith. ALL AYE...MOTION
CARRIES.
4. UNFINISHED BUSINESS: NONE
5. PUBLIC HEARINGS:
A A-05-13/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 December 2, 2013 meeting.
Vice-Chairman Wright introduces the item and opens the public hearing for item 5A.
Dave Yorgason, 14254 West Battenberg Drive Boise, Idaho. Dave Yorgason is with Tall Timber
Consulting and is representing, Craig Hammett, with Hammett Homes. They've been able to identify
three challenges or issues with this application which they've been addressing and working through. The
three issues are limited access, small tight configuration, and irrigation. First is limited access, their
access is only limited to Meridian Road. Second is the configuration of the property, with the work of
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the Engineers they have a layout design that meets ACHD street standards. And third, Irrigation, two
parcels are in a location with surrounding neighbors. They have discussed sharing the irrigation, but that
wasn't working. They have self contained pressurized irrigation system. It will be private and
maintained by Castle Rock Subdivision. He expresses that the design does meet Eagle City Code based
on the amount of water that comes to their property. ACHD supports the public streets and the
configuration does meet ACHD standards as per City of Eagle Code.
Yorgason now refers to the staff report that they are requesting changes. To start with conditions of
approval for annexation and rezone they are in agreement with all conditions of approval as submitted by
Staff. On page 4 of 21 with site specific conditions of preliminary plat, Yorgason doesn't agree with
condition #2 and condition #14. Yorgason refers back to the letter from Holladay Engineering, and asks
that they are not to comply with 4 and 7B of the letter and expresses explanation. The last request is
condition #14; Yorgason asks that the condition reads, "One edge of the Street."
City Planner, Mike Williams explains the staff report, staff recommendations, and site specific
conditions. He expresses that ACHD is supportive of the private roads, and the Engineers have shown
that this plan does have sufficient water rights. Williams states that they're in agreement with the
applicant regarding 7B, and the Commissioners can make the decision on condition #14. Item #4 is no
longer applicable, it goes back to the pressurized irrigation system, if they aren't doing a joint system and
does comply with City Code.
Williams stands for questions. Smith asks for clarification on vertical curbs verse the swale and ribbon
curb and if the pond gives the five lots sufficient water. Williams refers to City Code on the curbing and
makes it clear that the Engineering has approved irrigation.
Villegas revisits item 7b on the City Engineer Requirements. He wants to ensure that ribbon curbing
complies with Eagle City Code. Williams reads code 9-3-2-5(B)(2), and states it does. Villegas is
concerned of the"shall" and wants to know if they need to recommend it to City Council.
City Attorney, Paul Fitzer expresses that a"waiver"would be a more appropriate word.
Smith asks for clarification on Item 6B, he wants to ensure that the "hammerhead" for the cul-de-sac
doesn't present a problem under City Code or requirements. Discussion.
Vice-Chairman Wright invites the public in attendance to speak in favor, against or neutral for
this item.
Cheryl Bloom, 2153 North Hollybrook Place Eagle, Idaho. Ms. Bloom is representing Kensington
Meadows Subdivision. She has been a resident of Kensington since 1993 and a lateral #75 user since
that time. For the past twenty years there has been an unwritten agreement in place for pro rata share of
any maintenance performed on the irrigation lateral that services the 10 users on Farmers Union Ditch
Company Lateral#75. Bloom wants to ensure that the Home Owners Association (HOA) is aware of this
unwritten agreement, due to the lack of communication from Castle Rock. Bloom also shows concern
with the gated entry; she feels it is not warranted for a five home subdivision, it is a safety hazard for first
responders, and prevents other agencies to enter. Bloom is not in favor of the Rezone from an RUT 5
acre to a RE with a Development Agreement for a 2 acre subdivision. With this rezone there will be an
increase of 48 vehicle trips per day, and adds traffic to Meridian Road and Floating Feather.
Mark Beckman, 3050 W. Floating Feather Eagle, Idaho. Beckman gives a history of the water usage and
the surrounding land. He addresses the access issue, why it's an issue and how it was created. Another
issue is that Yorgason didn't include guidelines for the new Dry Creek Canal. He believes that Yorgason
didn't incorporate the 50ft right away along the lateral. He is concerned that if they move the box onto
their property, which is now located on both properties, he will legally not have access to it because it
will be annexed into the City. Mr. Beckman doesn't believe that Mr. Yorgason has provided full
disclosers of the issues of developing the plat, and doesn't have any agreements with any of the water
users.
City Planner, Williams states for the record that the City of Eagle is not in the business of allocating
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water rights.
Chad Kinkela, 860 Headwaters Drive Eagle, Idaho. Mr. Kinkela is the President of CK Engineering and
represents Castle Rock Subdivision. Kinkela states that they were approached by Dry Ditch Company,
and asked them to relocate the box so it would be out of their access road, which they proposed to do so.
He ensures that there will be easements all around the box, and Mr. Beckman will have access to the
irrigation box.
Jerry Sullivan, 1736 N. Clarendon Way Eagle, Idaho. Sullivan is the President of Canterbury HOA.
They support continuous flow and was hoping it would change to that. The residents have spent over
50k on pumps through the years. They would like to see the ponds go away, due to the concerns of
mosquitoes. They've had three serious cases of West Nile in Canterbury Subdivision.
Mr. Yorgason rebuts testimony and responds to most of the concerns that were addressed tonight. He
touches on shared maintenance, for the record, he has had discussions with the Home Owners
Association of Canterbury, and they have budgeted in sharing the cost of the maintenance. Mr. Yorgason
is okay with Staff putting that into the Development Agreement. In regards to the gated entry, the fire
department, EMS, and ACHD do support the gated entry. They will continue to comply with laws that
are outlined and do everything they are required to do.
Wright asks for clarification on the security gate and whether or not this was going to be a gated
community from the beginning of the Development Application. Yorgason states that it was.
Smith asks for clarification on whether or not the end of the row will receive water? Yorgason explains
that they are not excluding anyone from receiving water. It adequately supplies the five owners of the
subdivision, and is supported by City Staff and Engineers. They will rebuild a new box, which works in
their favor, and will also install man holes around the subdivision.
Wright closes public hearing.
Discussion amongst the Commission.
Villegas makes a motion to recommend for approval for item A-05-13/RZ-05-13 for Castle Rock
Subdivision —Hammett Homes. Seconded by Smith. All in Favor: AYE. Villegas makes a motion
to recommend for approval to City Council for PP-10-13 for Castle Rock Subdivision with the
modification of a recommendation to City Council regarding the vertical curbs, to have city
council consider a waiver. Site specific Condition #2, leave as is. Site specific condition #14,
recommend applicant request that they don't have to stripe both edges of the street, prior to the
Design Review application submittal. Seconded by Smith.Discussion on Engineering report page 2
of 3 #4. Williams makes a request to amend the motion to add a site specific condition #22, to
provide some kind of proof that they will enter into an agreement for the maintenance of Lateral
75 to be submitted with the final plat application. Attorney states that it is not germane to this
application. All those in favor. ALL AYE...Motion Carries.
B. PP-13-13 - Tennis Club Plaza Subdivision — Pacific West Communities, Inc.: Pacific West
Communities, Inc., represented by John Rennison with Rennison Engineering, is requesting a preliminary
plat approval for Tennis Club Plaza Subdivision a 7-lot (7 commercial) subdivision. The 15.77-acre site
is generally located on the southeast corner of Highway 44 and S. Edgewood Way.
Wright introduces the item and opens the public hearing for item 5B.
Bob Taunton, 2724 S. Palmatier Way Boise, Idaho. Mr. Taunton is representing Pacific West
Communities, Inc. They're requesting a preliminary plat approval for Tennis Club Plaza Subdivision a
7-lot (7 commercial) subdivision. Mr. Taunton gives a description of the layout of the facility and
subdivision. Mr. Taunton discusses site specific conditions of approval the applicant would like changed
regarding item #9, #10, and #12. They're requesting a modification for#9, that there is an exception of
the 7-foot attached sidewalk segment along Riverside Drive as shown on the preliminary plat. In regards
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to #10, Taunton recommends that the initial language be deleted and it's replaced with the same
condition as exists on the Renovare Subdivision situation. The last recommendation is in regards to#12,
and that they have a final Development Agreement between Rock Contactors and Renovare to identify
each parties responsibilities for the construction of Riverside Drive.
Villegas responds to site specific condition #10 and asks for clarification. Discussion.
City Planner, Kristy Heller states that the parking stalls be constructed; staff would still want the
condition to stay as purposed.
City Planner, Kristy Heller explains staff recommendations and site specific conditions. Staff believes
that the applicant's representative has accurately portrayed this project. With regards to the items that
the applicant has concerns over, in regards to #9, it is at the Commissions purview to recommend a
waiver of that requirement. With regards to item #12, Staff would recommend that the language
purposed by the applicant be put in with a few changes. The applicant states it's a Final Development
Agreement, Staff request that it'd be changed to a Memorandum of Agreement, and at the end of the
sentence, it added, prior to submittal of a final plat.
City Planner, Mike Williams gives a brief narrative of shared parking in that area. He expresses the
reasoning to leave the language as is on site specific#10.
Wright invites the public in attendance to speak in favor,against or neutral for this item.
Cheryl Bloom, 2153 N. Hollybrook Place Eagle, Idaho. Ms. Bloom is a member of Friends of Beacon
Light Committee. She is concerned that this application is going to increase traffic count, which will
then trigger ACHD to widen more roads. She is not in favor of approval for this project; it is estimated
to have an additional 1100 trips per day to our roads. She would like to slow down the congestion in the
Eagle area. She urges the Commissioners to consider recommendation on this project, strictly on the
basis of the 1100 trips per day that this will add, until the City of Eagle takes a look at the
Comprehensive plan.
Bob Taunton provides rebuttal. He responds to the testimony by staff, they are in agreement with the
changes that were suggested for condition #12. To address number#10, he explains why they want it to
stay flexible as with the Renovare case. There is going to be a meeting with property owners to the east
of the Tennis Court to discuss the parking lot and additional donation to the land. They believe there is a
potentially viable alternative that may be even superior alternatives to having a requirement for the
shared parking spaces.
Wright Closes public testimony.
Discussion amongst commissioners.
Villegas moves to recommend for approval for PP-13-13 - Tennis Club Plaza Subdivision - Pacific
West Communities, Inc.: with the following modifications to the site specific conditions of
Approval. As to site specific condition#9,the condition to be modified to include the wording,with
exception of the 7-foot attached sidewalk segment along Riverside Drive as shown on the
preliminary plat (approximately 175-linear feet). As to site specific condition #10, motion to
recommend leaving as is. And to site specific condition #12, they modified the site specific
conditions to include the red language that was provided by the applicant, but with the revision of
Development Agreement,to be read as Memorandum Agreement, and at the end of the sentence to
include the words, prior to submittal of a final plat application. Seconded by Koellisch. All
AYE...Motion Carries.
6. NEW BUSINESS: None
7. REPORTS:
A. Commission: None
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B. City Attorney: None
C. Staff: None
8. ADJOURNMENT:
Wright moves to adjourn. Seconded by Smith. ALL AYE...MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 8:32 p.m.
RESPECTFULLY SUBMITTED:
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SHARON K. BERGMANN 1* GoRP04,- cn
CITY CLERK/TREASURER �'�
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NAL 11 P. 1-OEHLING,
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON
REQUEST.
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