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SUN VALLEY PLANNING _ ZONING COMMISSION

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					                                                                                                            August 23, 2005
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                        SUN VALLEY PLANNING AND ZONING COMMISSION MINUTES
                                           August 23, 2005

The Planning and Zoning Commission of the City of Sun Valley, Blaine County, State of Idaho, met in Regular Session in the
Council Chambers of Sun Valley City Hall on the 23rd day of August 2005, at 9:00 a.m.

        Present:     Chairman Nils Ribi, Commissioners John Gaeddert, Joan Lamb, and Phil Usher.
        Absent:      Commissioner Ken Herich

Also present: Virginia Egger-City Administrator, Mark Hofman-Community Development Director, Rand Peebles-City
Attorney, Diane Kushlan-Planning Consultant, Becki Keefer-Recording Secretary, Karen Reinheimer, Garth McClure, Terry
King, David Hennessey, Mark Kiner, Ned Williamson, Charlie McWilliams, Jim McLaughlin, Steve Cook, Derek Ryan

Item 1, being:
Chairman Ribi called the August 23, 2005 regular meeting of the Sun Valley Planning and Zoning Commission to order at 9:00
a.m.
                                                            *****

Item 2A, being:
Consent Agenda
    A. Minutes from the Planning & Zoning Commission Meeting of July 26, 2005
    B. Sampson; Lot #19, Block #4, June Day Subdivision; 104 Silver Queen; exterior addition; Application #2005-08-080.

Chairman Ribi inquired whether there were any corrections to the minutes. Several corrections were requested, as well as
some from concerned citizen Karen Reinheimer.

Commissioner Usher moved to approve the minutes as amended; seconded by Commissioner Gaeddert.
A vote was taken with the following results:

             Ayes:        Chairman Ribi, Commissioners Usher, Lamb and Gaeddert.
             Nays:        None

Chairman Ribi declared the motion passed.

The Chairman noted that he had reviewed consent agenda item B, and suggested an additional condition (#11) that construction
fencing be used to keep construction away from the pond.

Commissioner Gaeddert moved to approve the application with the addition of condition #11; seconded by Commissioner
Lamb.
A vote was taken with the following results:

             Ayes:        Chairman Ribi, Commissioners Usher, Lamb and Gaeddert.
             Nays:        None

Chairman Ribi declared the motion passed.

                                                            *****

Item 3, being:
Public Hearings

        A. BSB Design for CG Elkhorn Springs Hotel LLC; Hotel and Clubhouse Parcel, Elkhorn; Large Block Plat;
           Application #SUB2005-01
        B. BSB Design for Elkhorn Springs LLC; Hotel Parcel Tax Lot 6353; Village Way, Elkhorn; Design Review
           of Phase 2: two multi-story structures with forty condominiums units above parking garage; Application
           #2005-07-068 [Continued from July 26, 2005].
        C. BSB Design for Elkhorn Springs LLC; Hotel Parcel Tax Lot 6353; Village Way, Elkhorn;
           Design Review of Phase 2: Three townhouse structures; Application #2005-07-069 [Tabled from July 26,
           2005].
                                                                                                                                2
Planning Consultant Diane Kushlan introduced the applications (Items A, B & C). She referred to the Staff Memo by Jack
Cloud, Community Development Director; also most recent comments from the Applicant’s engineer. Included memorandum
of items requested by the Commission at the last meeting. Chairman Ribi noted an email received from resident Pamela Grant
with concerns of parking issues be added to the record.

Presentation by Applicants:
         Garth McClure, Benchmark Associates
         David Hennessey, CG Elkhorn LLC
         Terry King, Clemons Associates

Discussion Concerning Large Block Plat (Application #SUB2005-01):
Garth McClure presented a plat delineating 9 different blocks, explaining that the plat shows the buildings within those 9
blocks, including residential (including deed-restricted workforce housing units) and commercial; parking areas; common
areas; easements for Village Way and Senabi Lane; turnaround, public utilities, public access for SVEA parking and pool,
parking pullout; bus pullout easements for KART busses; easements for building maintenance for each sub-association; snow
storage easements; and plat notes to identify easements.

The Commission held a lengthy discussion on various issues including easements, public non-motorized access, parking,
workforce housing units, rights-of-way for sidewalks and bike paths and snow removal which needs to be referenced from the
Master Plan Agreement to the Plat.

The Chairman called for public comment. There was none.

The Commission discussed private roads within the development, the smaller rights-of-way were appropriate since they would
not be dedicated to the public and that the City would not want dedication because they do not meet City standards. A plat
note will put future owners on notice that the streets are private due to the substandard rights-of-way.

Chairman Ribi noted a letter from a neighbor in Indian Springs concerning the problem of overflow parking within other
complexes, and the rights that other owners have to parking within the structures. Is there adequate parking provided with this
application? The applicant feels there is, and that prior to Phase 3, a parking study will be done to assure adequate parking will
be provided for the entire project.

Discussion concerning Design Review of two multi-story structures with forty condominium units above one parking
garage (Application # 2005-07-068):
Mark Kiner, BSB Design presented revisions to plans as per July 26 review by Commission, adding distance between
buildings, and the relationship of building walls to terraces and planters. The Commission discussed public access to terraces,
interior open space, amphitheater, play area and pond. Discussion of plantings proposed to these areas and how they frame or
filter view corridors.

Discussion concerning Design Review of three paired homes (townhouse) structures (Application # 2005-07-069):
Mark Kiner, BSB Design and David Hennessey, CG Elkhorn LLC presented a review of pedestrian circulation, including
crosswalks, sidewalks and access to ski lifts Parking was discussed with a copy of the parking plan as recorded within the
Master Plan Agreement distributed. In general, the numbers of parking spaces provided were shown to be in excess of what is
required and anticipated to be needed. A final parking plan will be required next summer as these buildings begin to get used;
actual car counts and actual use will determine the final number of parking spaces to be included in the final phase (3). The
Commission requested to have some practical car counts of users of the first buildings before Phase 3.

The Commission discussed the infrastructure for Phase I. The Applicants intend to complete all the infrastructure as part of
Phase I, explaining it will be completed next spring.

The Commission then discussed workforce housing and adherence with current ordinances. The applicant reviewed the
requirements; Ordinance 363 did not apply, but Ordinance 364 does; applicant calculations of compliance with 364 were
distributed to the Commission. The Commissioner should determine what applies, but let Staff make the calculations for the
in-lieu fees. This question only applies to Phase 2, all residences without commercial units.

The Chairman called for public comments on the multi-family units. There was none.

The Commission discussed the proposal in detail concerning public access, consistency with the Comp Plan, revitalization of
the core, fire access, building heights, driveway steepness, parking issues, landscaping issues and workforce housing
requirements. It was felt that all concerns could be addressed in the conditions of approvals.
                                                                                                                          3
BSB Design for Elkhorn Springs LLC; Hotel Parcel Tax Lot 6353; Village Way, Elkhorn;
Design Review of Phase 2: two multi-story structures with forty condominiums units above parking garage;
Application #2005-07-068 [Continued from July 26, 2005].

Commissioner Usher moved that Design Review application 2005-017-068 does meet the standards of approval under Title 9,
Chapter 10, City of Sun Valley Municipal Code provided the subject nineteen (19) conditions of approval are met.

Commissioner Gaeddert duly seconded the motion.
A vote was taken with the following results:

        Ayes:    Chairman Ribi, Commissioners Gaeddert, Lamb and Usher
        Nays:    None

Chairman Ribi declared the motion passed.

BSB Design for Elkhorn Springs LLC; Hotel Parcel Tax Lot 6353; Village Way, Elkhorn;
Design Review of Phase 2: Three townhouse structures; Application #2005-07-069 [Tabled from July 26, 2005].

Commissioner Gaeddert moved that design review application 2005-07-069 does meet the standards for approval under Title 9,
Chapter 10, City of Sun Valley Municipal Code provided the subject fifteen (15) conditions of approval are met.

Commissioner Usher seconded the motion.
A vote was taken with the following results:

        Ayes:    Chairman Ribi, Commissioners Gaeddert, Lamb and Usher.
        Nays:    none

Chairman Ribi declared the motion passed.

BSB Design for CG Elkhorn Springs Hotel LLC; Hotel and Clubhouse Parcel, Elkhorn; Large Block Plat;
Application #SUB2005-01

The Commission discussed making sure that public access is adequately provided and recorded across the Large Block. Garth
McClure pointed out that each of the condominium plats would be future subdivisions; plat notes will be added to these plats
that the general public will have access to the common areas. The Commission will review all future subdivision plats. Ned
Williamson, attorney for the applicant stated that these future plats would be more specific about the common area. The
Commission discussed shared parking spaces community housing units, trailheads, and signage.

Commissioner Gaeddert moved to recommend approval of the Application SUB2005-01, Large Block Plat for Elkhorn
Springs, subject to conditions #1-8 of Jack Cloud’s staff memorandum for the hearing and attaching the twenty two (22)
conditions of approval pertaining to the above approval of the project’s Large Block Plat, application #SUB2005-01.

Commissioner Lamb seconded the motion.
A vote was taken with the following results:

        Ayes:    Chairman Ribi, Commissioners Gaeddert, Lamb and Usher
        Nays:    None

Chairman Ribi declared the motion passed.

The Chairman called a recess at 12:35 pm. The meeting was reconvened at 12:45 pm.

        D.       Martin Henry Kaplan for Deborah and Ray Mello; Lot 70, Twin Creeks II Subdivision; 212 Bluebell;
                 Short Plat for relocation of building footprint; Application #SUB2005-07.
        E.       Martin Henry Kaplan for Deborah and Ray Mello; Lot 70, Twin Creeks II Subdivision; 212 Bluebell;
                 Short Plat for ground floor addition and replacement deck above; Application #2005-07-071 [Tabled
                 from July 26, 2005].

Planning Consultant Diane Kushlan provided a revised plat based on conversations with staff and the homeowners association
moving the centroid 12”. Design review elements were reviewed by the Commission at the July 26, 2005 meeting.
                                                                                                                           4
The Chairman called for public comment: Charlie McWilliams, owner of lot to east spoke. The old proposed shift created a
problem, but he has no problem with this 12” shift; he is in favor of this addition. Commissioner Gaeddert moved to
recommend approval of Short Plat application #SUB2005-07 provided the three (3) subject conditions of approval are met.

Commissioner Usher seconded the motion.
A vote was taken with the following results:

        Ayes:    Chairman Ribi and Commissioners Gaeddert, Lamb and Usher
        Nays:    None

Chairman Ribi declared the motion passed.

Commissioner Lamb moved that Design Review application #2005-07-071 does meet the standards of approval under Title 9,
Chapter 10, City of Sun Valley Municipal Code provided the subject ten (10) conditions of approval are met.

Commissioner Usher seconded the motion.
A vote was taken with the following results:

        Ayes:    Chairman Ribi, Commissioners Gaeddert, Lamb and Usher
        Nays:    None

Chairman Ribi declared the motion passed.

        F.       Doug Clemons for Norman and Carol Nie; Lot #18, Sagewillow Subdivision; 201 Sagewillow Road;
                 Conditional Use Permit for accessory structure (tennis court); Application #2005-01 [Tabled to
                 September 13, 2005].

At the request of the applicant, Commissioner Gaeddert moved to table this item to the September 13, 2005 meeting, seconded
by Commissioner Lamb. A vote was taken with the following results:

        Ayes:    Chairman Ribi, Commissioners Gaeddert, Lamb and Usher
        Nays:    None

Chairman Ribi declared the motion passed.
                                                           *****
Item 4, being:
New Business

        A.       Michael Blash for John and Peggy Baker; Lot 16AA, Upper Fairway Subdivision #2; 708 Fairway;
                 Design Review for new single family residence.

At the request of the applicant, Commissioner Usher moved to table this item to the September 13, 2005 meeting, seconded by
Commissioner Gaeddert.
A vote was taken with the following results:

        Ayes:    Chairman Ribi, Commissioners Gaeddert, Lamb and Usher
        Nays:    None

Chairman Ribi declared the motion passed.

        B.       McLaughlin and Associates for Peter and Christy Swartz; Lot 4, Block 7 Weyyakin; 102 Farnlun
                 Place; Design Review for new single family residence; Application # 2005-08-078.

Commissioner Gaeddert excused himself from participating in this application as he works for the Weyyakin homeowners
association.

Jim McLaughlin presented the plans for a new single family residence at the north end of Weyyakin. He discussed slope
analysis, view corridors, future guest home or apartment (RS2 zone; minimum density issues). The house is staked out on site.
The Commission agreed that a site visit would be useful; would like to see story poles for highest part of roof ridgeline.
                                                                                                                              5
Commissioner Gaeddert moved to continue the application to Sept 27, 2005 for a site visit and subsequent review of the
remainder of the application, seconded by Commissioner Usher. A vote was taken with the following results:

         Ayes:    Chairman Ribi, Commissioners Lamb and Usher
         Nays:    None

Chairman Ribi declared the motion passed.

Commissioner Gaeddert returned to the meeting.

         C.       Steve Cook for Mary Kay McCaw; Sun Valley Village TL6577 Secton 5; 5 Golf Lane; Design Review
                  for exterior alteration and addition to a single family residence; Application # 2005-08-079.

Steve Cook, Architect presented the application and pointed out that the road may be of concern. Chief Carnes stated that if
this were a new structure, he would have more concerns, but he is comfortable with this addition. No improvements to the road
will be made, other than in the immediate vicinity of the house. The owner would like to bring the access entrance gate and
asphalt/grass block drive closer to the front entry of the home, with the width of the drive to be expanded by a couple of feet.
The Chief approves of this improved access.

Commissioner Lamb moved that design review application 2005-08-079 does meet the standards for approval under Title 9,
Chapter 10, City of Sun Valley Municipal Code provided the subject ten (10) conditions of approval are met.

Commissioner Usher seconded the motion.
A vote was taken with the following results:

         Ayes:    Chairman Ribi, Commissioners Gaeddert, Lamb and Usher
         Nays:    None

Chairman Ribi declared the motion passed.

                                                             *****
Item 5, being:
Other Business

         A.      Derek Ryan for Sun Valley Housing, LLC. Design Review Application # 2005-07-070.

Diane Kushlan explained that the Applicants were asked from a previous meeting to come back to the Commission with a deck
and hot tub design that was not located in the setback. Derek Ryan and Rob King on behalf of the applicant, Sun Valley
Housing LLC, made a presentation. At the request of the Commission, some additional landscape screening was added.

Commissioner Lamb moved to accept the submittal of revised plans. Commissioner Usher seconded the motion.
A vote was taken with the following results:

         Ayes:             Chairman Ribi, Commissioners Lamb and Usher
         Nays:             None
         Abstention:       Commissioner Gaeddert

Chairman Ribi declared the motion passed.

         B. Reconsideration of Design Review application 2005-08-073, Trail Creek Cabin restroom facility (August 9,
            2005).

City Administrator Egger stated that there was a problem with the tape recording of the meeting of the August 9, 2005
Commission meeting, and that the decision of the Commission on Design Review Application #2005-08-073 had been
appealed to the City Council, which caused the City Attorney and City Administrator to review the decision. Chairman Ribi
outlined the procedure for reconsideration of a previous vote.

Commissioner Usher moved to reconsider the vote on Design Review application # 2005-08-073.

Commissioner Lamb seconded the motion.
                                                                                                                                6
A vote on the motion to reconsider was taken with the following results:

         Ayes:             Chairman Ribi, Commissioners Gaeddert, Lamb and Usher
         Nays:             None

Chairman Ribi declared the motion passed.

A lengthy discussion was held on the matter of the restroom remodel. The City Administrator argued that the Commission
found the kitchen remodel was an extension to the Sun Valley Lodge, and that no additional employees would be required. It
was argued that the restrooms do not add capacity to the grounds, just as the kitchen. While the workforce housing ordinances
are new, we should be consistent with our review and decisions and should avoid challenges to the ordinances. Egger asked
for consistency with interpretations of the ordinances. The Commissioners discussed what would be fair and reasonable
interpretations of the ordinances and felt that reasonable arguments could be made either way. Commissioner Gaeddert, not
present on Aug 9th, felt he would be hard pressed to find that adding restroom space would be adding capacity to the facility.
Commissioner Ribi disagreed with the decision on the kitchen addition, but also sees the argument that the Commission must
be consistent. Commissioner Lamb feels that if the restaurant space was expanded, that’s additional space, and would be
subject to Ordinance 364, but not the kitchen itself. Diane Kushlan pointed out that the intent of the ordinance is not to make
up for workforce housing units. Commissioner Usher discussed means and mechanism to rectify past decisions and ways to
seek clarification of the use of the ordinance and our decisions. Expansion within the existing structure, but not to the existing
footprint, does not create a demand on workforce housing. He felt that there was no net gain in square footage for the
restroom. Egger stated that if the Commission finds the Lodge restroom, like the kitchen is part of the later, then the ordinance
requires the applicant to submit the number of new employees that the change will generate. The Commission either agrees
with the applicant, or not. She asked for consistency in applying the ordinance. The building permit on the kitchen remodel
has been issued, and we cannot go back on that first decision. We are being asked to reconsider our decision of the restroom
remodel by the City. Egger stated that there are two questions for the Commission to consider: Is this restroom at Trail Creek
Cabin an extension of the Lodge, and the applicants say they have no new employees. Do we accept that opinion? However,
we originally found that the restroom was not part of the hotel, and therefore subject to the ordinance. Commissioner Usher is
concerned that we are establishing a precedent for future decisions. Commissioner Lamb felt that we were blindsided with the
piecemeal approach to the Trail Creek Cabin remodels.

Planning Consultant Diane Kushlin read the findings of fact with approval of the kitchen remodel to the Commission for their
information. Commissioner Gaeddert states he will abstain since he was not part of the original decision. Commissioner Ribi
states he will vote against the motion, as he cannot find that this restroom is an extension of the Lodge and must be consistent
with his vote on the kitchen remodel. Commissioner Lamb moved that Design Review application #2005-08-073 does meet
the standards for approval under Title 9, Chapter 10, City of Sun Valley Municipal Code, and because the applicant has shown
that the replacement of the restroom facility is an extension of the SV Lodge operations, not resulting in new employees; and
provided the subject nine (9) conditions of approval are met.

Commissioner Usher seconded the motion.
A vote was taken with the following results:

         Ayes:             Commissioners Lamb and Usher
         Nays:             Chairman Ribi
         Abstention:       Commissioner Gaeddert

Chairman Ribi declared the motion passed.
                                                              *****
Item 6, being:
Adjournment

At 2:20 p.m. Commissioner Gaeddert moved to adjourn which was duly seconded by Commissioner Lamb. A vote was taken
with the following results:

         Ayes:             Chairman Ribi, Commissioners Gaeddert, Lamb and Usher
         Nays:             None

Chairman Ribi declared the motion passed.


ATTEST: ____________________________
        Chairman Nils Ribi

				
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