Minutes - 1999 - Planning & Zoning - 01/04/1999 - Regular
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OR\GINAL
EAGLE PLANNING AND ZONING MEETING
MINUTES
January 4, 1999
The Planning and Zoning Commission on January 4, 1999 at 6 p.m. Chairman Brinton
presiding.
1.
CALL TO ORDER:
2. ROLL CALL: The following members were present: DONALD BRINTON,
LYNN MOSER, FRED WILSON, FARRINFARNWORTH, GENEVA TRENT. A
quorum is present.
3.
REQUEST FOR APPROVAL:
Brinton adds approval of the minutes of December 7, 1998, to the agenda.
A.
Minutes of December 7, 1998.
Trent moves to approve the minutes of December 7,1998. Wilson Seconds. ALL
AYE. MOTION CARRIES...
B.
Minutes of December 14, 1998.
Trent moves to approve the minutes of December 14,1998. Farnworth seconds.
ALL AYE. MOTION CARRIES...
4. OLD BUSINESS:
A. Findin~s and Conclusions for a rezone (RZ-8-98) for Jon Wroten: 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 Yz-mile west of Eagle Road at 799 South
Channel Road.
Brinton introduces the issues for the evening. A general discussion follows.
Farnworth moves to approve the findings of fact conclusions of law for RZ-8-98.
Moser Seconds. ALL AYE. MOTION CARRIES.
Farnworth moves to attach a note to go along with the findings of fact for RZ-8-98
directing City Council's attention to page seven of eight 2.6, and request they re-
evaluate the pathway easements of the Greenbelt Committee which needs to be
constructed prior to development of the applicants site. Seconded by Moser. ALL
AYE...MOTION CARRIES.
B. Findines and Conclusions for annexation and rezone (A-1-981RZ-9-98) for Craie
and Kristen Van Eneelen: 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.
Brinton introduces the issue. Farnworth directs question to staff. Vaughan addresses the
issues. Farnworth asks for clarification on items which the Commission made
recommendations on, and why they were not reflected in the findings. Vaughan explains
the format of the findings of fact and how the information is relayed to Council.
Farnworth acknowledges that he now understands the format, though he does not
necessarily agree with it.
Wilson moves to approve the findings of fact and conclusions of law for A-1-981RZ-
9-98. Moser seconds. ALL AYE... MOTION CARRIES.
C. Findines and Conclusions for The Colony Subdivision lPP-6-98) for Craie and
Kristen Van En1:elen: Craig and Kristen Van Engelen are requesting 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 issue.
Moser moves to approve the findings of fact and conclusions of law for PP-6-98.
Trent seconds. ALL AYE. MOTION CARRIES...
5. PUBLIC HEARINGS:
A. ZOA-6-98 - Proposed Flood Plain Ordinance - City of Eaele: An Interim
Ordinance Deleting Paragraph "H" Of Subsection "10" (Storm Drainage, Flood
Controls), Of Section "4" (Improvements Required), Of Chapter "4" (Required
Improvements), Of Title "9" (Land Subdivisions) Of Eagle City Code; Amending Section
"8" (Flood Damage Reduction Provisions), Of Chapter "I" (Flood Control Regulations),
Of Title "10" (Flood Control) Of Eagle City Code; Providing A Severance Clause;
Providing An Effective Date; And Providing For A Definite Period Of Time When It
Shall Be In Full Force And Effect. (Continued from 12-14-98 P&Z Meeting.)
Brinton introduces the issue.
Vern Brewer, Holladay Engineering, representing the city of Eagle, reviews a revised
draft of the flood ordinance which came before the Commission in the last P&Z Meeting.
Changes have been made to reflect the consistency of verbiage in the ordinance. Other
major changes are discussed.
Bill Clark, 479 Main Street, Boise, ID. Comments on the removal ofland use, and open
space issues in the flood ordinance.
Richard Orton, 977 Chinden, Boise, ID with Toothman Orton comments on the length of
time the interim ordinance will be in effect and the long term effect this will have.
Specific sections are addressed.
Marty Bridges, P.O. Box 633, Boise, ID comments on the ordinance, and mentions a
document sent by Boise River 2000. Also states the FEMA standards are the minimum.
Gives recommendations on revisions for the flood ordinance.
Bill Selvage, 1992 Springbrook Ln. Boise, ill comments on the 100 year flood plain and
an existing lot. Also comments on the issue of 100 ft setback, open space and gravel
extraction.
Steve Bradbury, 877 Main Street, Boise, ill comments on the flood ordinance. Wants a
copy of the Boise River 2000 document.
Russ Buschard, 235 Floating Feather Road Eagle, ID. Would like to see Eagle research
other communities flood ordinances.
Phil Carney, 1353 Travino, Eagle, ill. Happy New Year! No building in the flood plain.
Glida Bothwell, 642 Steeple View Dr. Eagle, ill comments on the legal issues which
may arrise due to flooding. Who is responsible for the damage to property that is
flooded?
Marty Bridges, P.O. Box 633, Boise, Idaho. Clarifies communities with flood plain
ordinances. King County, W A., Fort Collins, CO., Valley County, ID.
Vern Brewer, Holladay Engineering, has a rebuttal. Reminds Commission and the public,
this is an interim ordinance, meant to eliminate a critical conflict within the current code,
with a one year sunset provision. Within the forthcoming year workshops will be given
and research will be generated to create a final flood ordinance.
Brinton closes the public hearing. General discussion between the Commission.
Wilson moves to approve the interim ordinance ZOA-6-98 with the following
changes to the draft [draft dated December 17, 1998]. On page 8 of 11 paragraph 3
be removed. Page 9 of 11 paragraph Land #1-4 of paragraph L be removed. Page
9 of 11 paragraph M 2 be removed. Page 10 of 11 paragraph 0 be removed. Moser
seconds. ALL AYE... MOTION CARRIES.
B. PP-S-98 -Clear Creek Crossine - Jayo Construction. Inc.: 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 corner ofN. Eagle Road and Floating Feather Road. (Continued/rom
12-14-98 P&ZMeeting.)
Brinton introduces the issue. Vaughan clarifies issues previously addressed.
Steve Bradbury, 877 Main Street, Boise, ID comments on the items listed by Vaughan.
Dave Roylance, 319 W. State Street Eagle, ill, comments on the ditch company, an
access, the embankment, and bridge opening structure. Comments on the common area
and the ability to make it a floodway area. General discussion.
Russ Buschard, 235 Floating Feather Road Eagle, ID. Comments on the level of the
road.
Jerry Deckard, 322 Cobblestone Ln. Eagle, ID. Discusses the roadway.
Brinton closes the public hearing. General discussion.
Wilson moves to approve the PP-S-98 with the site specific and standard conditions
of approval and with the following changes. Add a site specific conditions requiring
the finish floor elevation of all homes will be a minimum of two feet above base flood
elevation. Also the development will result in no net loss in the flood plain areas.
General discussion. Remove site specific conditions of approval on page 11 of 17
paragraph one and two. In the site specific conditions of approval it needs to be
stated that the stubbed street which ends in the property line contains cul-de-sac,
meeting appropriate specifications for emergency vehicles. Seconded by Moser.
FOUR AYE, ONE NAY... MOTION CARRIES.
Brinton calls for a two minute recess.
C. PP-7-98 - Su1:arberry Woods No.2 - Saunders Family Trust - Lorin Saunders:
Lorin Saunders is requesting preliminary plat approval for Sugarberry Woods
Subdivision No.2, a 38.86-acre, 19-1ot residential subdivision located on the west side of
N. Meridian Road approximately 1,200-feet north of Chin den Boulevard at 688 E.
Sugarberry Drive.
Brinton introduces the issue.
Loren Saunders, Sugarberry Drive, presents his application. The application has been
submitted previously and the time limit expired so Saunders is resubmitting his
application as it was approved originally.
Brinton closes the public hearing.
Farnworth moves to approve PP- 7-98 - Sugarberry Woods No.2 with staff site
specific conditions and standard conditions of approval. Trent seconds. ALL AYE.
MOTION CARRIES...
Wilson moved to continue the items D, E, F, G and H to the January 19, 1999
meeting. Seconded by Farnworth. ALL AYE... MOTION CARRIES.
The items below are continued to the January 19, 1999 meeting.
D. CP A-6-97 - City Initiated Comprehensive Plan Amendments - City of Eaele: The
City of Eagle is proposing to amend its Comprehensive Plan and Land Use Map. The
Plan and Map are official policy documents for the City and its Area ofImpact and are
intended to provide the vision, goals, policies and implementation actions that will guide
the community's development. The Plan addresses the following components: Property
Rights, Population and Growth, Economic Development, Public Services, School
Facilities, Land Uses, Natural Resources and Hazardous Areas, Transportation, Parks,
Recreation and Open Space, Housing, Community Design and Cultural Resources. The
Plan also includes a Land Use Map that, in part, illustrates types ofland uses and
residential densities for Eagle and its Area ofImpact. NOTE: After the public hearings
for the Comprehensive Plan Amendment listed herein are closed, deliberation
should take place on this item (CP A-6-97) first. (Continued from 12-14-98 P&Z
Meeting.)
E. CPA-1-98 & RZ-2-98 - Eaele River Development (Grossman Properties) - Eaele
River. LLC: Eagle River, LLC, represented by Bill Clark, is requesting approval of a
comprehensive plan amendment from Public/Semi-Public to Commercial and from
Medium Density Residential to Commercial, Mixed Use, Public/Semi-Public; and a
rezone from A (Agriculture) and M-IA (Industrial Park District) to PS-DA (Public/Semi-
Public), R-4-DA (Residential), C-3-DA (Highway Business District), and MU-DA
(Mixed Use) with a development agreement. A portion ofthe proposed change from the
residential land use designation to the Public/Semi Public land use designation and M-IA
zoning designation to PS-DA zoning designation is City initiated for a City park. The 93-
acre site is located on the southeast corner of State Highway 44 and S. Eagle Road.
NOTE: CPA-1-98 & RZ-2-98 should be heard together since they are significantly
interrelated by means of the development agreement. However, CPA-1-98 must be
acted on prior RZ-2-98.
The public hearing on this item was closed on October 26, 1998, except to obtain input
on City's Floodplain Ordinance. (Continuedfrom 12-14-98 P& Z Meeting.)
F. CP A-2-98 - Comprehensive Plan Amendment for BramHall Subdivision - Roeer
C. Crandlemire: Roger C. Crandlemire, represented by Roylance & Associates, is
requesting approval of a comprehensive plan amendment from Very Low Density
Residential (one dwelling unit per two acres maximum) to Medium Density Residential
(four dwelling units per one acre maximum). The 95.2-acre site is located on the north
side of Floating Feather Road approximately %-mile west of Eagle Road at 1400 W.
Floating Feather Road. The public hearing/or this item was closed on November 9,
1998. (Continued/rom 12-14-98 P& Z Meeting.)
G. CP A-3-98 - Comprehensive Plan Amendment for Patterson Property - Sharon
Patterson: Sharon Patterson, represented by The Land Group, is requesting approval of a
comprehensive plan amendment from Medium Density Residential (four dwelling units
per acre maximum) and Industrial to Mixed Use and Commercial. The 9.6-acre and 1-
acre sites are located on the southwest and southeast corners of State Highway 55 and
Hill Road at 2805 and 2809 Hill Road. The public hearing on this item was closed on
October 19,1998. (Continued/rom 12-14-98 P& Z Meeting.)
H. RZ- 7-98 - Rezone for BramHall Subdivision - Roeer C. Crandlemire: Roger C.
Crandlemire, represented by Roylance & Associates, is requesting approval of a rezone
from A-R (Agricultural-Residential- one dwelling unit per five acres maximum) to R-3
(Residential- three dwelling units per one acre maximum). The 95.2-acre site is located
on the north side of Floating Feather Road approximately %-mile west of Eagle Road at
1400 W. Floating Feather Road.
NOTE: This item should not be acted on until the Planning and Zoning
Commission has made their recommendation on the Comprehensive Plan. The
public hearingfor this item was closed on November 9, 1998. (Continued from 12-14-98
P& Z Meeting.)
6. OLD BUSINESS:
A. APA Transportation Improvement Plan (TIP): (Continued/rom 12-14-98
P&Z Meeting.)
Brinton introduces the issue. Vaughan has a list ofthe items for the TIP application.
Farnworth moves to approve the revised list. Moser seconds. ALL AYE.
MOTION CARRIES...
7.
NEW BUSINESS: None
8.
REPORTS:
A. Zoning Administrator: None
B. City Attorney: None
C. City Council Liaison: None
9. ADJOURNMENT: Moved by Farnworth and Seconded by Moser to adjourn
at 11:15 p.m. ALL AYE...MOTION CARRIES...
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RESPECTBIJbL~ ~SùtiMìT~ED:
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APPROVED:
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DONALD TON
CHAIRMAN
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY
HALL.