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Minutes - 1999 - Planning & Zoning - 05/17/1999 - Regular Cq. ~/r vi [rill +.1 EAGLE PLANNING AND ZONING MEETING MINUTES May 17, 1999 6:30 PM The Planning and Zoning Commission on May 17,1999, Chairman Brinton presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present: DONALD BRINTON, LYNN MOSER, FRED WILSON, GENEVA TRENT, F ARRIN FARNWORTH. A quorum is present. Geneva 3. REQUEST FOR APPROVAL: March 20, 1999. Trent made a motion to hold the March 20, 1999 minutes as written for further clarification. Farnworth seconded. ALL AYE. MOTION CARRIES... 4. CONSENT AGENDA: A. Findinl:s of Fact and Conclusions of Law - A-2-99/RZ-4-99/CU-3-99/PPUD-1-99/PP-1-99 - Countryside Estates Project Summary: Capital Development and Tom Ricks, represented by Becky Bowcutt with Briggs Engineering, is requesting an annexation and rezone from RT (Rural Transition) and AR (Agricultural/Residential) to R-2-P (Residential two units per acre maximum- PUD), conditional use, planned unit development preliminary development plan, and preliminary plat approvals for Countryside Estates Planned Community. The development consists of a 74.19- acre, 174-lot (153-buildable) residential subdivision. The site is located at the northwest comer of Ballantyne Lane and State Street. B. Findin!!s Of Fact And Conclusions Of Law - A-1-99 & RZ-2-99 - City of Eaele:: Project Summary: The City of Eagle, represented by Mark L. Butler, is requesting approval of an annexation and rezone from Rl & RT (Residential) to R-l & R-4 (Residential), M-IA (Industrial Park), and PS (Publici Semi Public). The 30+1- acre site is generally located near the intersection of Hill Road and State Highway 55 (see attached map for exact location). Trent moved to accept the Findings and Facts and Conclusions of Law for Countryside Estates and for the City of Eagle. Moser seconded. ALL AYE...MOTION CARRIES... 5. PUBLIC HEARINGS: A. CU-2-99- Conditional Use Permit - A Bank with Drive-thru service - Salmon Point DeveloDment Inc.: Salmon Point Development Inc., represented by Ron Bath, is requesting a conditional use permit for a 3,000-square foot bank with drive-thru service within the CBD (Central Business District). The 0.344-acre site is located on the west side of Eagle Road approximately 400-feet north of State Highway 44 at 403 South Eagle Road. (The applicant is requesting this item be continued to the May 17, 1999 Meeting.) Wilson excused himself from items 5A and 5B due to a conflict of interest. Commission decided to combine the Conditional Use and the Rezone together as one item. Ron Bath, Represents Salmon Point Development,316 W. Bannock, Boise. States that they entered into a Preliminary negotiation with Zamzow's for a cross easement access to be shared from Eagle Rd. and also cross parking easements with them to actually formulate one shopping center development. They will be separate entities but will share parking and access. The rezone is consistant with the Comprehensive plan for CBD . The Conditional Use permit which will allow a Bank with a drive thru for CBD. Has one item that is of Concern to him and that is on the staff K:\P&Z\MINUTES\P&Z minutes template.doc5-17 -99 .docPage 1 of 6 recommendation page 9 site specific conditions of approval #4 parking area for entire Ballantyne commercial development should be constructed prior to issuance of an occupancy permits to the bank. What you don't see is a request that will also go to the City Council it does not go through P&Z for a split of this site. Addressed the Tree issue there is one tree at the entrance that needs to be removed, there is no way to save the tree. The trees are on the east of the property. The tree is an Oak it is the smallest of the five trees, 27" caliper. States that they will plant three inch caliper trees. Explains that there will be extensive landscaping to take the place of the tree that is removed. Bill Vaughn, City Staff explains the lot split will not be developed in the near future. Therefore; he would change the recommendation to " provide a minimum of 12 spaces on the entire Ballantyne area with striping and turn around prior to issuance of permits. Brief question and answer period took place on the issue. Melissa Anderson 334 S. Kestrell Cove, Eagle, states that she has a view out of her back yard. Would like some concerns addressed. States she would like to see evergreens along this area to block the sound. Considerations of window placement for the building and has concern for public safety . Justin Alderson, 302 S. Eskowin Way, Presented pictures of his house, his primary concern is the lights from the use of the A TM at night, had a public safety concern. Justin was asked when he built in there what he thought this area was going to be. He answered with a nursery. Eugene Puschel, 206 S. Eskowin Wy., his concern is are we going to rezone this lot with out knowing what is going in the development. Wants to know if there will be another chance to come and find out the Zoning. When he built there he had no idea that all of this building would be so popular. Ron Bath answered that the trees caused the jagged line in the lot split. He will show the Architectural Structural at a later meeting also. Landscape will be extensive in the back of the property which should help the neighbors. Close the public hearing at this time on both 5A and 5B. Commission opens for discussion between themselves. Concern of what else will happen in this development, for the neighborhood. Clarify item 1 of staff recommendations. The developer shall provide access between points A And B. Need to know what the access is. The best way to determine the best location of the access, be between the two developers. Asks how he put in items 2 and 5 are they the same? Number 4 needs to be changed. Ron said that it would be satisfactory . Motion made by Moser to approve CU-2-99 the Conditional Use Permit for A Bank with drive thru, Salmon Point Development, Inc. with all standard conditions of approval with the following changes in site specific #1 instruct staff to seek what ever is necessary to bind access in the future to the north and change access agreement to easement. Condition #4 shall be changed from entire Ballantyne Commercial Development shall be responsible to 16 spaces. #5 be deleted entirely. Number two deleted Trent seconded.All Aye...Motion Carries.. . B. RZ-3-99-Rezone from R-4 to CBD - Salmon Point Development. Inc.: Salmon Point Development, Inc., represented by Ron Bath, is requesting a rezone from R-4 (Residential) to CBD (Central Business District). The 2. I 8-acre site is located on the west side of Eagle Road approximately 400-feet north of State Highway 44 at 403 South Eagle Road. (The applicant is requesting this item be continued to the May 17, 1999 Meeting.) Farnworth moved to approve the Rezone for RZ-3-99- Salmon Point Development, Inc. K:\P&Z\MINUTES\P&Z minutes template.doc5-17-99.docPage 2 of 6 from R4 to CBD. Moser seconded. ALL AYE...MOTION CARRIES... Five minute break at 7:50 PM Meeting resumed at 7:55 PM 6 NEW BUSINESS: A. FPUD-2 &3-99 & FP- 7 & 8-99 - Final DeveloDment Plan and Final Plat for Merrill Subdivision Nos. 1 & 2 (formerly Rockv Mountain Business Park):.Reid Merrill Jr. is requesting final development plan and final plat approvals for Merrill Subdivision Nos. 1 & 2 (formerly Rocky Mountain Business Park), an 8 lot and 18-10t mixed use subdivision. The site is 40+ acres and is generally located between State Street and the Highway 44 Alternate Route extending from the north/south section of State Street (extension of Edgewood Lane) eastward approximately Y2 mile. The site is within the Eagle City Limits. Farnworth excuses himself. Reed Merrill Jr., Rocky Mountain Business Park, Representative for the Final Development and Final Plan for Merrill Subdivision #1 & #2. Mark Butler City of Eagle, states they didn't give enough view foils. Went over site specific conditions. Some concern with the license agreement. proposing two faces lumped together. Moser made a motion to approve FPUD-2 &3-99 & FP- 7 & 8-99-Final Development plan and Final Plat for Merrill Subdivision Nos. 1 & 2. Wilson seconded. ALL AYE... MOTION CARRIES.. . B. 99-02-S/99-02-PR - Anacortes Subdivision-Preliminarv Plat ApDroval with a Private Road-Tealy's Land Surveyinl!: Project Description: Mark and Lisa McNeilly, represented by Tealey's Land Surveying, is requesting preliminary plat approval for Anacortes Subdivision, a 2- lot, 14.34-acre residential subdivision with a private road. The proposed subdivision is located on the south side of Beacon Light Road, approximately Y2 mile west of Eagle Road. This subdivision is located in the Eagle Area of Impact. The following items were at Ada County Items. Tealy's Land Surveying had no problem with staff report or recommendations. Bill Vaughn, City staff report south side of Beacon and west side of Eagle. Wilson made a motion to forward the file with the recommendation of approval for 99-02- S/99-02-PR-Anacortes Subdivision. Trent seconded ALL AYE...MOTION CARRIES... C. 99-0S-S/99-08-PR-ADplecreek Subdivision - Preliminarv Plat ADproval with a Private Road - Hubble En~ineerin~.Inc.: Project Description: Dale and Lois Wolin, represented by Shawn Nickel with Hubble Engineering, Inc., is requesting preliminary plat approval for Applecreek Subdivision, an ll-lot, 59.62-acre residential subdivision with a private road. The proposed subdivision is located on the south side of Homer Road, approximately Y4-mile east of Ballantyne Road. This subdivision is located in the Eagle Area of Impact. Bill Vaughn, gave report on this item. They are proposing a private road with pavement. Single family residential Trent made a motion to approve the recommendation to Ada County file # 99-0S-S/99-08-PR-Applecreek Subdivision with Standard Conditions of Approval but changing Site Specific Conditions of Approval so that #2 does not have the wording "the Street shall be Public and take out "shall provide stubbing to the east.Wilson seconded. ALL AYE...Motion carries... D. 99-18-PDR/99-12-PR/99-13-2C- Bil!horn Subdivision No. 2-Preliminarv Plat Approval K:\P&Z\MINUTES\P&Z minutes template.doc5-17-99.docPage 3 of 6 with a Private Road - Pinnacle Emzineers. Inc.: Project Description: Jim Jewett and Craig Groves, represented by Robert Unger with Pinnacle Engineers, Inc., are requesting preliminary plat approval for Bighorn Subdivision, a 7-10t, 16.85-acre residential subdivision with a private road. The proposed subdivision is located on the east side of Eagle Road, approximately ~-mile south of Beacon Light Road. This subdivision is located in the Eagle Area of Impact. Robert Unger, 870 N. Linder, Suite B, Meridian, presents Ada County Application Bighorn Sub 2 item 3 recommends, Bighorn Lane be built public with access to the east. Bighorn Sub Homeowners Association protested to easterly access because of the traffic increase in this direction. middle. Ask to remove 3rd condition Jim Jewett 1625, W. Vernell, Property Owners in this price range can say no to the use of this road. Mark Urness, 2224 N Ram Ave., Eagle, States that the Home Owners don't really care if the road is public or private they just don't want to see the street stubbed out to the east. They like the fact that their children are safe and that they are close nit out there. Patty Husk 253 E. Rocky Dr., Treasurer of the Homeowners association., States that they want to see the neighbor hood with out the stub St. They can keep an eye on who is coming and going. Walt Kosydar 2373 N. Ram, Eagle, agrees with the comments. Nick Alley 2112 N Ram, Eagle, agrees with the above comments also. Wally Day 153 E Rocky Dr., Eagle, agrees with the same comments. Bill Vaughn, reports the rezone is in compliance, if attached to the plat, staff recommends approval. #7 landscaping. Chairman Britton would like to hear about how they plan to buffer lot 1 of Eagle Rd. Bob Unger speaking, they have a drop off for the Highway District already and there is a Trust fund for sidewalks and other improvements. Mark Urness 2224 N. Ram Ave, Eagle, wants to see who is coming into the subdivision. Wilson recommends forwarding the Rezone of Bighorn #2 with approval as written.Farnworth seconded. ALL AYE...MOTION CARRIES... Wilson made a motion to approve the recommendation to forward the me as a Public Road as written, leave in last 2 sentences of paragraph #3 provided it is saying Ada County requires the street be private Trent seconded.ALL AYE...MOTION CARRIES... 7. OLD BUSINESS: Plan on having material to Commission for the 24th meeting. If the packet is not ready Thursday the 20th the Commission will not meet. If not it is not ready the next meeting will be held. June 6, 1999. Continue the following items to the next P&Z meeting. K:\P&Z\MINUfES\P&Z minutes template.doc5-17-99.docPage 4 of 6 A CP A-6-97 - City Initiated Comorehensive Plan Amendments - City of Ea2le: 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 of Impact 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 of land uses and residential densities for Eagle and its Area of Impact. NOTE: After the public hearings for the Comprehensive Plan Amendment listed herein are closed, deliberation should take place on this item (CPA-6-97) first. (Continued from 4-5-99 P&2 Meeting.) B. CPA-1-98 & RZ-2-98 - Ea2le River Develooment (Grossman Prooerties) - Ea~le 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 of the 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 comer 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. (Continued from 4-5-99P &2 Meeting.) C. CP A-2-98 - Comorehensive Plan Amendment for BramHall Subdivision - Ro2er 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 for this item was closed on November 9, 1998. (Continued from 4-5-99 P & 2 Meeting.) D. CPA-3-98 - Comorehensive Plan Amendment for Patterson Prooerty - 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 I-acre sites are located on the southwest and southeast comers 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. (Continuedfrom 4-5-99 P& 2 Meeting.) E. RZ- 7-98 - Rezone for BramHall Subdivision - RO2er 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 hearing for this item was closed on November 9, 1998. (Continuedfrom 4-5-99 P& 2 Meeting.) 8. REPORTS: None K:\P&Z\MINUTES\P&Z minutes template.doc5-17-99.docPage 5 of6 9. ADJOURNMENT: Moser moved to adjourn at 10:10 p.m. Trent seconded. ALL AYE. MOTION CARRIES... \I,J;l-!>'~~.J~; RESPECTFULLY SUBMITIED: ,,"~'.~: 0 F iJ/¡":::-,:, ~ ;"<~-... '/ .0;..-. ~ ~" (j . " Y- ."'. ,,"o..<~'-.. '., Cv\.-o--- ð:ò\-L£..- "" '." . " -.' ~ ' .~ ~ . ~ ~ M ./SHAR'bNK. MOORE ~~ --j( "",.".,.". ': j CITY CLERK/TREASURER '¡~ ;d n' " :' "t~~,~,¡\~, . : ../f ."'¿."~H«,:;iC;'."" A TRANSCRIBABLE RECORD OF TillS MEETING IS AVAILABLE AT CITY HALL. K:\P&Z\MINUTES\P&Z minutes template.doc5-17-99.docPage 6 of 6