Minutes - 1998 - Planning & Zoning - 12/07/1998 - Regular
EAGLE PLANNING AND ZONING MEETING
MINUTES
December 7, 1998
The Planning and Zoning Commission on December 7, 1998. Chairman Brinton presiding.
1.
CALL TO ORDER: meeting called to order at 7:05 p.m.
2. ROLL CALL: The following members were present: DONALD BRINTON, LYNN
MOSER, FRED WILSON, F ARRIN FARNWORTH, GENEVA TRENT. A quorum is present.
3.
Minutes of November 23,1998.
Trent moves to approve the minutes of November 23, 1998 as corrected. Seconded by
Moser. ALL AYE...MOTION CARRIES.
4. CONSENT AGENDA:
A. Findin!!s and Conclusions for FPUD-2-98 & FP-3-98 - Final Development Plan and
Final Plat for Banbury Meadows Subdivision No.1 - Harvey Hoff: Project Description -
Harvey Hoff, represented by Roy Johnson, is requesting final development plan and final plat
approval for Banbury Meadows Subdivision Phase 1, a 39-lot (30-buildable) residential
subdivision. This 9.82-acre (approx.) phase of Banbury Meadows PUD is located on the west
side of Eagle Road approximately Yz-mile north of Chinden Blvd. The site is within the Eagle
City Limits.
II
Trent moves to approve the findings and conclusions oflaw for FPUD-2-98 & F-3-98.
Seconded by Wilson. ALL AYE...MOTION CARRIES.
5.
OLD BUSINESS: None
6. PUBLIC HEARINGS:
A. PP-5-98 - Clear Creek Crossin!! Subdivision - Roylance & Associates: Jayo
Construction, represented by Roylance & Associates, is requesting preliminary plat approval for
Clear Creek Crossing Subdivision, a 54.8-acre, 89-lot residential subdivision generally located
on the southwest comer ofN. Eagle Road and Floating Feather Road.
Brinton introduces the item.
Steve Bradbury 877 Main 8t. Boise, Idaho, representing Roylance & Associates points out
aspects of the staff report which the applicant would like to be reconsidered or altered: the south
stub street and elevations of the proposed roadways.
Butler gives a review of the staff report and the city's strategic annual goal of creating a grid
system within the city. Discusses possible construction on the hillside and alternatives regarding
the construction. Brinton requests staff input regarding sewer and Dry Creek Canal. Butler
notes that the letter from Eagle Sewer District stated they might be able to provide service,
perhaps Commissioner Moser could provide more detailed information. Also states that no letter
has been received from the Meridian School District.
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Brinton requests the applicant address the 6 inch above base flood elevation, sewer and Dry
Creek Canal issues. After the applicant has spoken then Brinton would like to hear from the City
Engineer.
Dave Roylance 319 W. State St. Eagle, Idaho. Discusses the reasoning behind no longer wishing
to raise the streets 6 inches above base flood elevation, and lists the problems which are created
by raising the streets. Also states that they would prefer to have the building pads 1 foot above
the 100 year floodplain, instead of the 2 feet which the Commission seems to be heading
towards. Farnworth questions if the common area in the middle of the subdivision is designed to
handle part of the flood waters. Roylance states that that was his original idea, but after speaking
with Paul Koontz it may not be advised, but is willing to revisit this issue. Roylance has not had
a chance to speak directly with the Sewer District regarding regulations for the manholes. Also
has not had the opportunity to meet with Dry Creek Ditch Company, but acknowledges the need
to meet with them to address their concerns. Brinton asks if he has met with the School District,
Roylance states he has not.
Ken Rice, Holladay Engineering, 32 N. Main Payette, Idaho. Briefly reviews the letter he
submitted to the City regarding the floodplain and the need for further study to determine the
effect of this development on Dry Creek. Discussion.
Brinton opens the public hearing.
Jerry Deckard, 322 Cobblestone Ln. Eagle, Idaho. Expresses his support for the Developer.
States that Cobblestone Lane is a private lane, it does not belong to ACHD or the City of Eagle.
States that the residents of Cobblestone were not notified of the meeting.
Sharon Barnard, 212 E. Ranch Eagle, Idaho. Submits a letter November 2, 1998 regarding air
quality, and traffic concerns on Ranch Dr. Encourages the Commission to make a wise choice
Russ Buchard, 235 W. Floating Feather Rd. Eagle, Idaho. States that there is no computer model
of the Dry Creek Drainage area, and the risk is not known. States that within the last 15 years
this area has flooded twice, and the flooding has occurred very swiftly. Discusses the financial
aspect of flooding and that the tax payers end up paying for clean up. Frustrated that a developer
is even proposing to develop in the floodplain.
Pat Miller, 959 Preakness Eagle, Idaho. Regarding the road proposed to the south, feels these
proposed subdivisions should have more than one exit out. Quotes FEMA statistics regarding
the chance of flooding in the 100 year floodplain. The tax payers will be the ones to pay for the
rebuilding.
Janet Buchard, 235 W. Floating Feather Rd. Eagle, Idaho. Is against the proposed plan.
Especially because of the wildlife and the impact of the development on the wildlife. Discusses
possible flooding. In favor of additional access to the subdivision. Would like the Commission
to take a close look at the middle common area and whether or not it will handle flood waters.
Ron Marshall 380 W. State Eagle, Idaho. Has been an Eagle resident almost all of his life and
has seen water on two thirds of this property more than once. Feels that something needs to be
done with the floodplain. It's not a matter of if it will flood, but when it will flood.
Steve Bradbury, rebuts testimony regarding the possibility of the property flooding. They are
attempting to minimize the risk of flooding by implementing the city's ordinances and FEMA's
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as well. It is speculation to assume the homes will flood. Mr. Jayo has met with the school
district, Mr. Roylance was not aware of this, and they are attempting to resolve the issue. States
they are attempting to not disturb the floodway. In Mr. Koontz's hydrological report, he notes
that the FEMA flood flow is estimated at 4000 cfs and this is several times higher than any
amount ever measured in Dry Creek.
Dave Roylance states that he is opposed to the connection street to the south, which has been
suggested by the Zoning Administrator.
Brinton asks the Commission to consider leaving the public hearing open to address issues
regarding the Sewer District, School District, the middle common areas ability to handle flood
water and Dry Creek.
Wilson moves to leave the public hearing open on PP-S-98 so that the developer may come
back with additional information and comments from Dry Creek Ditch Company, Eagle
Sewer District, Meridian School District and clarify the area in the center of the proposed
subdivision as to how it will handle water flow. Seconded by Moser. Discussion. ALL
AYE.. .MOTION CARRIES.
Farnworth moves to continue Clear Creek Crossing to the January 4,1999 meeting.
Seconded by Moser. ALL AYE...MOTION CARRIES.
B. RZ-8-98 - Rezone from A (Al!ricultural) to R-2 (Residential) - The Land Group:
Jon Wroten, represented by Jason Pfaff with The Land Group, is requesting a rezone from A
(Agricultural) to R-2 (Residential). The 45-acre site is located on the north side of the south
channel of the Boise River approximately Y2-mile west of Eagle Road at 799 South Channel
Road.
Brinton introduces the item.
Jason Pfaff, 128 S. Eagle Rd. Eagle, Idaho, representing Mr. Wroten. Discusses the application
and the proposed development agreement between the applicant and the City of Eagle.
Discussion regarding access and possible looping of roads.
Zoning Administrator comments on location of floodplain. Butler reviews the development
agreement in detail. Discussion regarding pathways.
Brinton opens the public hearing.
Kay Johnson, 844 S. Channel Rd. Eagle, Idaho. Expresses his support of the project, has some
concerns regarding South Channel Road and how it may affect his property, but in general is in
favor of this project
Brinton closes the public hearing.
Trent likes the overall project. Farnworth feels the Comprehensive Plan allows this density and
the rezone would be appropriate. If the pond is such a size to allow fishing or recreation would
like to see access open to the public. Moser agrees that the rezone would be fine. Wilson agrees
with the other Commissioners. Brinton points out paragraph 2.2C in the development
agreement, he does not agree to the 70 dwelling units, feels it should be only one dwelling unit
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per acre in the 100 year floodplain. Also feels that the development agreement should include
the placement of the pathway. Otherwise the overall development seems okay.
Susan Buxton, City Attorney, comments on recent Council action regarding development in the
floodplain and its impact on the Commission's decision this evening.
Farnworth moves to approve RZ-8-98 with the addition of H to 2.3 Requiring permits from
Water Resources. Seconded by Moser. FOUR AYE: ONE NAY...MOTION CARRIES
FOUR TO ONE.
C. A-1-98/RZ-9-98 - Annexation and Rezone from RT (one unit per five acres) to R-2
(two units per acre) - Crab! and Kristen Van Enl!elen: Craig and Kristen Van Engelen are
requesting annexation and a rezone from RT (one unit per five acres) to R-2 (two units per acre).
The 27 -acre is site located on the north side of State Highway 44 approximately I-mile east of
Linder Road.
D. PP-6-98 The Colonv Subdivision - Crai~ and Kristen Van Enl!elen: Craig and
Kristen Van Engelen are requesting annexation, a rezone from RT (one unit per five acres) to R-
2 (two units per acre), and preliminary plat approval for The Colony Subdivision, a 27-acre, a
43-lot (40-buildable) residential subdivision located on the north side of State Highway 44
approximately I-mile east of Linder Road.
Brinton introduces the item.
Butler notes that the motion regarding RZ-8-98 did not include the pathway, was this the
Commission's desire, or would they like to revisit this issue.
Farnworth moves to reconsider the motion on RZ-8-98 for further discussion. Seconded by
Moser. ALL AYE...MOTION CARRIES.
Farnworth notes that the pathway and the submitted language from the applicant were not
addressed in the original motion. Discussion.
Farnworth moves that the original motion on RZ-8-98 made by himself shall stand.
Seconded by Trent. ALL AYE...MOTION CARRIES.
Vaughan suggests opening both public hearings for this item and PP-6-98 and then deliberate on
the issues separately. The Commission agrees with this suggestion.
Craig Van Engelen, discusses his development history in Eagle. States that the neighbors have
expressed concern about through streets and deceleration lanes and the developer agrees with
these concerns and hopes to work with ACHD to address the concerns.
Chris Korte, 499 Main St. Boise, Idaho. Reviews the application in great detail. Comments on
density, the need to join with the street in Redwood Creek (which was approved with the
approval of Redwood Creek) and landscaping. Commission inquires as how irrigation is
provided, Korte points out the location ofthe well. Brinton asks about a letter from lID that
states there is no access to the subdivision, Korte reads a letter dated December 2, 1998 from
ITD in which ITD states that there is indeed access to this property. Brinton questions the
location of the tot lot at the front of the subdivision. Discussion
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Vaughan reviews the staff reports for A-1-98/RZ-9-98 and PP-6-98. Discusses the development
agreement. Comments on the flag lots and private drives. General discussion.
Brinton opens the public hearing.
Miriam Mayhew 360 N. Sierra View Way Eagle, Idaho. Reads a letter into the record opposing
the application. [see copy attached to the minutes]
Scott Nordstrom, 2590 W. Timber Dr. Eagle, Idaho is representing the Redwood Creek
Homeowners Association. There is a show of hands in the audience of those who are being
represented by Mr. Nordstrom. Expresses their concern that what may be developed may hinder
the prosperity of the property they currently own. Came to Eagle because of the open spaces and
way of life and felt the surrounding areas would develop in a way that would preserve its rural
identity. Discusses density and the impact on the economics of the property already existing.
Comments on traffic and problem of entering into their subdivision, and that Colony Subdivision
would only add to the problem. Would welcome development, but wants it to be in a manner
that does not lower the value of their property. Suggests a moratorium until the new
Comprehensive Plan is approved and in place. Trent questions how may lots which face Colony
have livestock? Nordstrom responds none at this time. Trent asks how irrigation is provided.
Nordstrom states two ditches serve Redwood Creek and it is pressurized irrigation.
Sharon Barnard, 212 E. Ranch Dr. Eagle, Idaho. Comments on the need for air quality control.
Questions the use of the well on the property. Does not feel meandering streets would slow
traffic. Feels the tot lot at the entrance of the subdivision is preferred to the alternative.
Ron Marshall, 380 W. State Eagle, Idaho. Being a long time resident of Eagle comments on the
history of development in the surrounding area. Feels open space is good, but not all people take
care of the land and rarely is the land used for livestock. Suggest people look in the surrounding
Eagle area and view the deterioration of the larger lots.
Ron McConnell, 391 W. State St. Eagle, Idaho. A realtor specializing in lot development.
Represents the Colony property owner and notes that the sale is contingent to the developer
obtaining approval of the applications before the Commission tonight. Feels the size of the lot
will not necessarily dictate the cost, but it also has to do with the amenities. Does not feel the
neighboring subdivision should be concerned with the loss of value because the lots are
somewhat less in size than theirs.
Greg Kennington 2589 W. Timber Dr. Eagle, Idaho. The homeowners association president did
not address the quality of life, which was why they moved to Eagle. They have the right to
compatibility with neighboring subdivision and the high quality of life which brought them to
Eagle. He is against the rezoning because of density.
Valerie Brooks 287 N. Sierra View Way Eagle, Idaho. Has a big concern with the traffic
situation, also the location of the park. The park could end up being a big gathering place
basically in her back yard. Is planning to move her horse to the property. Also wants to
maintain the quality of life.
Tom Ricks I 0 1 Park Ln. Eagle, Idaho. On behalf of the Ballantyne Ditch Board, reiterates the
Boards condition that where the lateral crosses the subdivision they must be tiled and buried.
Ballantyne Ditch Board will not sign off on this until this is done. Will also require pressurized
irrigation be installed.
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Mr. Ricks would now like to address the Commission as an adjacent land owner. He is also
representing two other property owners for a total of approximately 160 acres surrounding the
proposed subdivision. All approve the R-2 density. Would request the stub road be moved
approximately 135 feet to preserve the trees on the adjoining property.
Matt Siren 3391 Flint Dr. Eagle, Idaho. Questions if a ditch located on his property would be
required to be tiled. Brinton states if the ditch is located on Mr. Sirens property then it would not
be required to be tiled. Also comments on kids climbing the fence and getting into the ditch.
Suggests mixing the size oflots, some 2 acre with some half acre.
Curt Douglas 392 N. Sierra View Way Eagle, Idaho. Emphasizes the high quality of life in
Redwood Creek. Understands the need to develop land, would like to see it done in a way that is
compatible with the neighborhood and would not be detrimental to Redwood Creek. Main
concern is the street which is to connect Redwood Creek with Colony. The increase of traffic
would be dangerous, numerous children are present. Discussion with the Commission.
Chris Korte notes that ACHD owns the dedicated road which may be used to connect Redwood
Creek and The Colony. It would be up to ACHD to decide how the road will be placed. States
that what the issue seems to be is compatibility. Would like to know what makes this application
incompatible. Mentioned other subdivisions in Eagle which have larger acre lots with smaller
lots similar to what is proposed with Colony Subdivision and Redwood Creek. Farnworth
questions whether or not fencing is proposed. Craig Van Engelen states that it would be
addressed in the CC&R's.
Brinton closes the public hearing.
Wilson feels the Comprehensive Plan is what gives the city its guidance, yet understands the
concerns of those who spoke tonight. Because of his belief in the Comprehensive Plan he is
leaning toward approval of the applications before the Commission tonight. Trent notes that the
biggest concern seems to be quality of life, many seem to equate quality of life with the size of
lot they own. Quality of life hinges more on the type neighbors and the people who surround
you. Trent states that it (the application) agrees with the Comprehensive Plan and is
comfortable with the size of lots, therefore is in favor of approving the applications tonight.
Moser is concerned with how the street in Redwood was stubbed, but can do nothing about it at
this time other than being more diligent as a Commission. Moser likes that the width of the
Colony lots somewhat mirror Redwood Creeks on the west side, and he is in favor of the project.
Farnworth agrees with the comments by the Commission. Being a long term resident, he
understands the changes that Eagle has experienced. Feels the Developer has done a good job
with the presentation of the project. The people are what make a neighborhood and create a high
quality of life and it is the people that make Eagle such a good place to live. Farnworth is in
favor of the applications. Brinton likes how the lot lines line up.
Moser moves to approve A-1-98/RZ-9-98 with a change to the language on page 6 of 8 C.
and D. deleting whether or not and starting with the word "the" for each one of those and
deleting "needs to be determined"at the end of each one of those paragraphs. And
condition #8: deleting the middle sentence. And all ofthe standard conditions. Seconded
by Farnworth. ALL AYE...MOTION CARRIES.
Discussion regarding modifications to the site specific conditions of approval for the preliminary
plat.
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Trent moves to approve PP-6-98 with a change that we eliminate number 12 from page
nine of thirteen. Seconded by Wilson. ALL AYE.. .MOTION CARRIES.
7.
NEW BUSINESS:
None
8.
REPORTS:
A. Zoning Administrator:
B. City Attorney:
C. City Council Liaison:
Brinton suggest reports be continued to the next meeting.
ADJOURNMENT
8. ADJOURNMENT: Moved by Trent and Seconded by Wilson to adjourn at 12:30
p.m. ALL AYE...MOTION CARRIES...
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RESPECTFULLY SUBMITTED:
\L
SHARON K. SMITH
CITY CLERK/TREASURER
APPROVED:
~~~
CHAIRMAN
A TRANSCRIBABLE RECORD OF TillS MEETING IS AVAILABLE AT CITY HALL.
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