Minutes - 2014 - Planning & Zoning - 09/15/2014 - Regular THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
September 15, 2014
Minutes
1. CALL TO ORDER: Meeting called to order at 6:00 p.m.
2. ROLL CALL: 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 August 18,2014.
Smith moves to approve the minutes of August 18, 2014 as written. Seconded by Koellisch.
ALL AYE... MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE
5. PUBLIC HEARINGS:
A. RZ-14-06 MOD2 & PP-03-14—Eagle Lofts-BH Investments II,LLC: BH Investments,
LLC,represented by Kevin McCarthy,P.E.,with KM Engineering, LLP, is requesting a
development agreement modification and preliminary plat approvals for Eagle Lofts
Subdivision, an 85-lot(77 buildable, and 8 common)residential subdivision. The 18.58-acre
site is generally located on the south side of Riverside Drive approximately 1,600-feet west of
the intersection of Riverside Drive and S. Edgewood Ln. Staff is requesting this item be
continued.
Chairman Roehling opens the public hearing.
City Planner,Mike Williams,requests that this item be continued to the October 6t''meeting.
Smith makes a motion to continue item 5A RZ-14-06 MOD2 & PP-03-14 to October 6,
2014. Seconded by Wright.ALL AYE... MOTION CARRIES.
B. A-03-14/RZ-03-14&PP-05-14-Gated Garden Subdivision-Brighton Corporation:
Brighton Corporation,represented by Mike Wardle, is requesting an annexation,rezone with
a development agreement(development agreement in lieu of a PUD)and preliminary plat
approval for Gated Garden Subdivision, a 72-lot(60 buildable and 12 common)residential
subdivision. The 18.62-acre site is generally located on the east side of N. Linder Road
approximately 2,100-feet north of the intersection of W. Chinden Boulevard(Highway 20/26)
and N. Linder Road at 7000 N. Linder Road.Staff and the applicant are requesting this item
be continued to the October 6th, 2014 Commission Hearing.
C. CPA-02-14-Brighton Corporation: CPA-02-14—Comprehensive Plan Amendment from
Transitional Residential&Residential Estates to Mixed Use: Merlyn& Sandra Bodily,
Harold Bunderson,Matthew& Susan Eells, Jeff&Karen Beagley, and Martine and Teri
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Evan,represented by Michael Wardle of the Brighton Corporation, are requesting a
Comprehensive Plan Text Amendment to modify Section 6.8.7-The Rim View Planning Area
and a Comprehensive Plan Map Amendment from Transitional Residential and Residential
Estates (residential up to 1 per 2 acres)to Mixed Use(to allow up to 5 units per acre, office,
retail, townhouse and multi-family). The 27.85-acre site is located on the east side of N.
Linder Road, approximately 1200-feet north of the intersection of Chinden Boulevard(US
20/26)and N. Linder Road. Staff and the applicant are requesting this item be continued to
the October 6th, 2014 Commission Hearing so it can be heard at the same time as A-03-
14/RZ-03-14&PP-05-15- Gated Garden Subdivision.
City Planner,Nichoel Baird Spencer,requests that item 5b and 5c be heard together.
Chairman Roehling opens the public hearing for both items 5B and 5C A-03-14/RZ-03-14&PP-
05-14 and CPA-02-14.
City Planner,Kristy Heller,recommends that both items be continued to a date specific, October
6, 2014 hearing.
Koellisch makes a motion to continue both items 5B A-03-14/RZ-03-14 &PP-05-14 and 5C
CPA-02-14 to the October 6th hearing. Seconded by Wright.ALL AYE... MOTION
CARRIES.
D. CPA-01-14-Norman&Joan Zachary: CPA-01-14—Comprehensive Plan Amendment
from Residential Four to High Density Residential: Norman and Joan Zachary,represented by
Shawn Nickel of SLN Planning, are requesting a Comprehensive Plan Map Amendment from
Residential Four(residential up to 4 units per acre)to High Density Residential(Residential
up to 20 units per acre). The 1.71-acre site is located at the southeast intersection of Floating
Feather Road and State Highway 55 at 1589 E. Floating Feather Road. Staff is requesting the
commission remand this application back to staff.
Chairman Roehling opens the public hearing.
City Planner,Nichoel Bair Spencer,requests the commission remand this application back to
staff.
Wright moves to make a motion to remand back to staff CPA-O1-14. Seconded by
Koellisch.ALL AYE... MOTION CARRIES.
G. ZOA-02-14—Indoor Kennel—City Of Eagle: The City of Eagle is proposing to amend
Eagle City Code 8-1-2, 8-2-3, & 8-3-5 to add a definition for Indoor Kennel, to specify it as
either a conditional use or permitted use in certain zones, and to establish performance criteria
for the operation of indoor kennels.
Chairman Roehling requests that item 5G be heard next. He introduces the item and opens the
public hearing.
Zoning Administrator, William Vaughan,requests that the Commission remand this item back to
staff.
Smith makes a motion to remand back to staff item 5G ZOA-02-14. Seconded by Wright.
ALL AYE... MOTION CARRIES.
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E. A-02-14/RZ-02-14 &PP-01-14-Banbury Meadows Subdivision No. 8-Banbury
Meadow.LLC: Banbury Meadow, LLC, represented by Becky McKay with Engineering
Solutions,LLP, is requesting an annexation, rezone from RUT(Rural-Urban Transition—Ada
County designation)to R-3-DA(Residential up to three units per acre with a development
agreement),and preliminary plat approvals for Banbury Meadows Subdivision No. 8, a 31-lot
(26 buildable and 5 common)residential subdivision. The 11.81-acre site is generally located
at the west side of South Chipper Way approximately 50-feet north of the intersection of
South Chipper Way and West Oakhampton Drive.
Chairman Roehling introduces the item.
Becky McKay, 1029 N.Rosario,Meridian Idaho. McKay is with Engineering Solutions and is
representing the applicant. McKay gives a detailed overview of the application. McKay reviewed
the staff report and site specific condition 3 states that the applicant remove three lots. The comp
plan calls for R-2 but they are requesting an R-3. This is consistent with the surrounding homes
within the Banbury neighborhood. McKay also gives an overview of the existing pump station
and hopes to work with the existing Banbury to upgrade or increase the capacity of the system.
If they can't get their consent to work a joint station then they would get their own. They are
going to adopt the same standards of the Banbury HOA and would like to join.
City Planner,Mike Williams, gives a detailed overview of the application and gives a brief
history of the Banbury Subdivision. Williams states that the City never exceeds whatever the
designation is nor does the City round up. Williams refers to the Comprehensive Plan and reads
Land Use Designation 6.3. To address the removal of lots, they need to remove three lots to not
exceed R-2. In regard to site specific 4 on open spaces, staff is requesting they provide a revised
plat that shows 18%open space that is not encumbered by driveway access to adjacent parcels.
Site specific condition 6 on the separated sidewalks, Eagle City Code requires separated
sidewalks. The applicant must provide a preliminary plat that shows a separated sidewalk on one
side of the street. With regard to site specific condition 8, it refers to the pressurized irrigation
system. Should they connect to the existing Banbury Meadows they must provide an operations
of maintenance manual so the city has copies of agreements of how it's tied together or provide a
stand alone system. Staff requests that the Commission strike site specific condition 12 due to the
fact it is the same as site specific condition 9.
Chairman Roehling opens the public hearing.
Linda Bennett,260 W. Oak Hampton. Bennett is the President of the Banbury Meadows HOA.
As an HOA,their main concern is the pump station. They would like the developer to fix the
existing pump station and then bring in the new 26 homes. They also have concerns with the
open space, as it would increase more costs to water. They would also like to recommend that the
street name not be Oak Hampton, as it would be confusing.
Frank Salznack,445 W. Oak Hampton Drive. Salznack was not aware that this may be a separate
HOA. He wants to ensure that they would need a vote from the existing homeowners for
acceptance not just the board.
Brian Hoff. Mr. Hoff is the developer and he understands that the PI system has been a big topic.
Before they put a plan to fix it,they want to know what's going to happen with the plat process.
They understand that the pump needs to be fixed and fully understands that the PI system needs
to be resolved.
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Carlene Canfield,2100 Fairview Court. Canfield owns the 50 acre parcel adjacent to the
subdivision and is concerned with how the easement will be treated.
Planner Williams states that the easement stays in place and is noted on the plat.
McKay rebuts testimony and responds to most of the concerns that were addressed tonight. She
ensures that the developer will be in communication with the HOA and take care of the PI
system. McKay states that they are willing to eliminate two of the lots and go with staff's
recommendation of the detached sidewalks. Unfortunately,the Street Name Committee
determines alignment and they have the final say with street names.
Chairman Roehling closes the public hearing.
General discussion amongst the Commission.
Smith moves to recommend for approval item SE A-02-14/RZ-02-14& PP-01-14-Banbury
Meadows Subdivision No. 8-Banbury Meadow,LLC with the following comments: The
reduction of residences from 26 to 23 be modified to 26 to 24 which is site specific condition
3.Also to include the striking of site specific condition 12 because it's the same as number
9. Seconded by Villegas.ALL AYE... MOTION CARRIES.
Chairman Roehling calls for a five minute break.
F. RZ-07-13MOD&PP-04-14—Gateway Subdivision-North Side Management:
North Side Management,represented by Scott Noriyuki, is requesting a development
agreement modification, development agreement in lieu of a PUD, and preliminary plat
approval for Gateway Subdivision,a 101-lot(95 buildable and 6 common)residential
subdivision. The 28.11-acre site is generally located at the SW corner of E. Sadie Drive and
N. Echohawk Way.
Chairman Roehling introduces the item.
Scott Noriyuki, 6810 Fairhill Drive,Boise Idaho is with Northside Management.Noriyuki
reviews the application and the history associated with this parcel.He expresses that he is not
affiliated with the responsibilities of Japeth. Through Wycliffe they were able to purchase a
portion of the rights to an existing pressurized irrigation pump station.He will update the system
and it will service both of the new neighborhoods and Guerber Park. Referring to the staff report
he request changes to site specific condition 9 and 10. Aside from those two items they are in
agreement with staff's recommendations. He also clarifies that he is requesting a 15 foot rear
setback and a 20 foot front to garage and a 15 front to living.
City Planner,Kristy Heller, gives a detailed overview of the application along with the history
associated with this property. With regard to Site Specific condition 9, she leaves it at the
purview of the Commission. With regard to site specific condition 10, staff would recommend
changing the language with the setbacks that the applicant requested within the development
agreement. Also, on development agreement item 3.13,they would request to red line the middle
portion on page 5 and 7 of 24.
Chairman Roehling opens the public hearing.
Ron Davis,2642 E. Sadie Drive. Davis's main concern is entering and egress from Hill Road and
wants to ensure it's taken care of.
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Mark Kelly, 308 N. Main Street, Hailey Idaho. Kelly recommends a condition that he is brought
into the loop with an agreeable connection.
Brent Jennings, 2675 E. Mariposa Drive. Jennings concerns are density, architect, and traffic. He
recommends clarification to the open space.
Dean Lasier, 2516 E. Sadie Drive.Mr. Lasier has concerns with density and the types of housing
that will be going in.
Lynette Lasier, 2516 E. Sadie Drive. Traffic and density are her major concerns.
Steve Deckers,2249 Dickey Circle. Mr. Deckers addresses his concern with the buffers between
the homes and the park. He suggests a common space of 35 width shall be created.
Kathryn Jagger, 2528 E. Sadie Drive. Many of her concerns have already been addressed, density
and access to hill road. Her major concern is the timeline of fencing. She wants to ensure the
park ways and entry way will be maintain. She is very happy to have the berm down and enjoys
their new view of the park.
Brooks Damn, 2610 E. Sadie Drive. Damn has concerns with density, open space, and the types of
homes that will be going in. He also would like to see improvements on the pathway going down.
Mr. Noryuki provides a rebuttal and gives clarity to the concerns that were addressed.
Chairman Roehling closes the public hearing.
General discussion amongst the commission.
Roehling moves to make a motion to recommend for approval Item#5F RZ-07-13MOD&
PP-04-14—Gateway Subdivision-North Side Management with the following changes to
the staff report. Under the development agreement item 3.8 will be resurrected and will
read as follows: The setbacks shall be,front 20 feet to the garage-15 feet to the living area-
rear 15 feet and interior side 5 feet-street side 15 feet.Development agreement item 3.13 we
will strike the verbage beginning on approximately line 28 beginning with the entire
sentence with the current plan is to combine through approximately line 39 which
concludes with the entire sentence the discussion contemplates the city acting as the
management entity for the pressurized irrigation system.We will strike site specific
condition 9 and on site specific condition 21 we will strike the verbage beginning on
approximately line 34 beginning with the current plan is to combine the available irrigation
water shares concluding on approximately line 45 with the following sentence: the
discussion contemplates the city acting as a management entity for the pressurized
irrigation system.Heller clarifies that they should also address site specific condition of
approval 8 speaks to the setbacks. The language shall be: the applicant shall be required to
revise plat note number 8 of the preliminary plat to read setbacks shall be determined at
the time of building permit application based on the recorded development agreement will
have the instrument number when the development agreement records and any subsequent
modifications.I am including in my motion modification to site specific condition 8 as read
into the record by Kristy. Seconded by Smith.ALL AYE... MOTION CARRIES.
H. CPA-03-14-City of Eagle/Idaho Power: The City of Eagle in consultation with Idaho Power
is requesting a Comprehensive Plan Text Amendment to integrate Idaho Power's Eastern Treasure
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Valley Electrical Study into the planning polices within Chapter 4: Schools,Public Services and
Utilities and adopt an updated Map 4.4: Electrical Transmission Corridors into the City of Eagle
Comprehensive Plan. A complete copy of the Eastern Treasure Valley Electrical Study,the
proposed text and proposed map is available at Eagle City Hall.
Chairman Roehling introduces the item and opens the public hearing.
City Planner,Nichoel Baird Spencer, gives an overview of the application.
Chairman Roehling closes the public hearing and no one is present to testify.
Wright moves to recommend for approval CPA-03-14 — City of Eagle/Idaho Power.
Seconded by Roehling.ALL AYE... MOTION CARRIES.
6. NEW BUSINESS: NONE
7. REPORTS:
A. Commission: Roehling expresses that this is his last meeting and it's been a rewarding
experience.
B. City Attorney: NONE
C. Staff: NONE
8. ADJOURNMENT:
Roehling moves to adjourn. Seconded by Smith.ALL AYE... MOTION CARRIES.
Hearing no further business,the Commission meeting adjourned at 9:57 p.m.
RESPECTFULLY SUBMITTED: ,••`'•••••++++'••.,,
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SHARON K. BERGMANN V '
CITY CLERK/TREASURER • �►AL R.
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APPROVED: '•••+••••••••••`
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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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