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Minutes - 1998 - Planning & Zoning - 08/17/1998 - Regular ORIGINAL EAGLE PLANNING AND ZONING MEETING MINUTES August 17, 1998 The Planning and Zoning Commission met in regular session on August 17, 1998. Chairman Brinton presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present: DONALD BRINTON, FARRIN FARNWORTH, LYNN MOSER, GENEVA TRENT, FRED WILSON. ABSENT: None. A quorum is present. 3. REQUEST FOR APPROVAL: A. Minutes of July 20, 1998. Wilson moves to accept the minutes as corrected. Farnworth seconds. ALL AYE. MOTION CARRRIES... B. Minutes of August 3, 1998. WILSON ABSTAINS Farnworth moves to approve the minutes of August 3,1998 as presented. Moser seconds. FOUR AYE. WILSON ABSTAINS. MOTION CARRIES... 4. CONSENT AGENDA: Wilson abstains from items A, B, and C. Farnworth abstains from item A. A. Findines and Conclusions for RZ-5-98 - From A (Aericulture) to CBD (Central Business District) - Ron Bath: Project Description - Eagle Pavilion Investors, LLC, represented by Ron Bath, is requesting a rezone from A (Agriculture) to CBD (Central Business District). The 10.2-acre site is located on the northeast corner of Eagle Road and State Highway 44 at 480 S. Eagle Road. Trent moves to approve Findings and Conclusions for RZ-5-98 - From A(Agriculture) to CBD (Central Business District). Moser seconds. THREE AYE. TWO ABSTAIN. MOTION CARRIES... B. Findines and Conclusions for PP-4-98 - Eaele Pavilion Subdivision - Ron Bath: Project Description -Eagle Pavilion Investors, LLC, represented by Ron Bath, is requesting preliminary plat approval for Eagle Pavilion Subdivision, a 10.2-acre, 7-10t commercial subdivision located on the northeast corner of Eagle Road and State Highway 44 at 480 S. Eagle Road. Trent moves to approve Findings and Conclusions for PP-4-98 - Eagle Pavilion Subdivision - Ron Bath as corrected. Moser seconds. FOUR AYE. WILSON ABSTAINS. MOTION CARRIES... C. Findines and Conclusions for CU-6-98 - Bank with Drive-up Service - Ron Bath: Project Description - Eagle Pavilion Investors, LLC, represented by Ron Bath, is requesting a conditional use permit for a 4,200 sq. ft. bank with drive-up service. The 10.2-acre site is located on the northeast corner of Eagle Road and State Highway 44 at 480 S. Eagle Road. Farnworth moves to approve Findings and Conclusions for CU-6-98 - Bank with Drive-up Service - Ron Bath as corrected. Moser seconds. FOUR AYE. WILSON ABSTAINS. MOTION CARRIES... 5. OLD BUSINESS: None 6. PUBLIC HEARINGS: A. RZ-8-97/CU-6-97/PPUD-I-97/PP-2-97 Brookwood Subdivision - Mike Hormaechea: Hormaechea L TD, represented by Mike Hormaechea, is requesting a rezone from A (Agricultural) to R-2-P (Residential two units per acre maximum - PUD) and R-4-P (Residential four units per acre maximum - PUD) with a development agreement, and conditional use, planned unit development preliminary development plan, and preliminary plat approvals for Brookwood Planned Community. The development consists of a 219.2-acre, 457-10t (411-buildable) residential subdivision. The site is located at the northeast corner of Floating Feather Road and Eagle Road, approximately one mile north of State Street. Brinton opens the public hearing and introduces the issue. Gives instructions for Clerk to record all comments and issues. Michael Hormaechea, Hormaechea L TD, presents the Brookwood application. A color overhead is shown to indicate location of amenities. Mike goes over staff report, gives itemized list of issues concurred with and opposed to. Butler gives staff report. A color overhead of the Comprehensive Plan is shown to give details concerning the area. Butler reviews staff report, item by item. Demonstrates with a color overhead of the Brookwood development. Ken Rice, Holladay Engineering, reviews the engineers report. Concern: Floods and the floodplain. . . Monty Marcus, 605 Rooster, has comments about: Dry Creek Ditch, floods, appreciates the low number of units, appreciates location of units, concern with density, objects to building in the floodplain, concern that there are no flood measurements. Elenore Chase, 70 W. Floating Feather. Speaks on flooding, the planned ponds, wells, drainage, good concept, well thought out. Tom Cornell, 470 E. Floating Feather. Would like his property to remain the same, so he can have large animals in his yard and an eight foot fence. Although this development eliminates his current home, he sti1l1ives there and has not received any offer to purchase this land. Russ Buchard, 235 Floating Feather Road. Comments on the conservation easement, floodplain, would like to see large shade trees, instead of all small fruit trees. A comprehensive flood study needs to be done. Liability of the City when flood waters come. Julie Campbell, 199 Rooster. Loves the wildlife, proposed neighborhood ball fields will directly effect her and her neighbors (lighting), flooding, what happens to the large number of people and the impact on roads, and schools, does not understand the situation with household water, is there a minimum sq. ft. on the homes? Resident for two years, knew this area would be developed, but still doesn't like it. Bud Scarf, 133 Rooster. Has lived in this area since 1971. Discusses flooding, feels the culvert is not adequate to handle the flood water. Adrian Current, also on Rooster. Moved into home in 1993, and knew this land would be developed. Discusses flooding, density, changes in the plan, but the proposal has not really addressed the issues of concern. John Burke, 287 Rooster, concerns are the floodway, the effect on his property, and the infrastructure. Dale Domerese, 2306 E. Skokie Court, concerns about large growth in the community and the effect on the residents, sewer, schools, traffic. Paul Sadlek, 171 W. Lance Lane, concerns about infrastructure, schools, traffic. Does the approval of this development set a president for other developments? Meridian is ruined lets not ruin Eagle with over-development. Kathy Pennisi, 3675 N. Downing Place, concerns with density, schools, traffic, comprehensive plan has overall goal of keeping Eagle rural. Flood plain issues. City attorney restates that the comprehensive plan and the zoning ordinance in effect at the time of the application is the set of guidelines that the developer must follow. The city will not be liable for any individual living in floodplain and being subjected to flood waters. Brinton addresses the issue of the growth and the effect on the schools. Reads a letter from Jim Carberry, Meridian School District. Adrian Current, speaks again, about the comprehensive plan, and the ability of the community to work together. Tom Cornell, 470 E. Floating Feather, could the ball field be designated as the flood way? Dennis Whitmore, 319 Dewey, SecretarylPresident of Lexington Hills, Inc. speaks. Commends developer on the plan, and does not know about flooding, but suggests that the Commission leave that up to the engineers and other knowledgeable individuals. Sue Carney, 1353 E. Travino, wants to be on record for speaking against the development ofthis land. Dave Howell, 9777 Chinden Blvd. Speaks on domestic water, sight development and an earth work balance. Farnworth is concerned about the depressed area, and the flood way. Concerns are flooding, ponds, water, water, water, in and out, spring and fall, stagnant and flowing, frozen and melted. Paul Koontz, floodplain study. Mike Wardle, 50 Broadway Avenue, planning issues. Mike Hormaechea, concludes the presentation. Brinton closes the public hearing. General Discussion. Wilson voices concerns about the elevation reduction. Moser voices concerns with flooding, wants to follow comp plan. Basically a good development. Trent has concerns with lots backing up to Rooster, and the variety of size of lots. Would like to see large lots along Dry Creek. What happens if the water just backs up? Where would the water go? Farnworth voices concerns with the number of homes and the lot sizes, pathways and 'you can't walk on my pathways!' attitude of some other developments within Eagle, want new homeowners to be aware of the frequency of flooding, fences should be addressed by staff. Brinton discusses sidewalks, the comments from the developer on the staff recommendations, and gates within the city. Moser moves to approve RZ-8-97 with development agreement. Farnworth seconds. ALL AYE. MOTION CARRIES... Moser moves to approve CU-6-97 with all staff recommendations and sight specific conditions of approval- modifying sight specific conditions of approval on pages 16 through 20; #2 to add a sentence regarding engineers condition #11 - replace it with Planning and Zoning's condition #5A; "use compensatory storage methods including excavation for flood storage within floodplain to control flood water over- flow spillways from Dry Creek Channel into those areas for management for small, not to exceed ten year, frequency events"; #6 eliminate the last sentence "levies or berms shall not be used for flood control", #32 change last sentence "if the trees need to be preserved the lots may need to be redesigned"; #36 be deleted; #37, add verb age "unless an outside firm is used"; new condition #38 if indeed Mr. Hormaechea does not purchase property at 470 E. Floating Feather Road then appropriate fencing will be required to prevent encroachment. Wilson seconds. General discussion. ALL AYE. MOTION CARRIES... Farnworth wants to know who's land the bridge is going to be on? Farnworth moves to approve PPUD-I-97 with the sight specific conditions and staff recommendations put upon the conditional use permit. Moser seconds. ALL AYE. MOTION CARRIES... Farnworth moves to approve PP-2-97 with the sight specific conditions and staff recommendations of the conditional use permit. Wilson seconds. ALL AYE. MOTION CARRIES... 7. NEW BUSINESS: None 8. REPORTS: A. Zoning Administrator, Butler gives his report. B. City Attorney, Dave Bieter gives his report. C. City Council Liaison. 9. ADJOURNMENT: Moved by Trent and Seconded by Wilson to adjourn at 11 :20 p.m. ALL AYE.. .MOTION CARRIES... RESPECTFULLY SUBMITTED: .i/,:;-:/::~':' . . Y:,/:"'~, .' "Ittl~, :. ".' t:<' ~h . J ~ ~~o. ":<1~ ' . . ~ """"""""""" 1.'.1' ~. (~\¿. .. 1.:\?~'.c":'~:~J'"~\\ ~ d ... :: ~ ~ "4> ':. SHAR NK. SMITH *:....- *: CITY CLERK/TREASURER \ ~r:., ,,;,",,'~'; A~~ T .""" S= c",'.J.""~ . . . ."~ ~ o.;¡- .., "- < t\. ~,> .>; <...,¡. ;j ~ v" ,"'- <.tpr>t'l;';\,./r " ,;; ~'" '<";";'" .""'J.~.,,;~. ..;).~.::/~ "", .,. ",~ """'.'" #" '. ~ O. .., rù"". jo. .9" I' 1..,-,' ~1j¡.'Ii <1#".'..4".,01 APPROVED: g~J&T~' . CHAIRMAN A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL.