Minutes - 2019 - Planning & Zoning - 12/16/2019 - RegularTHE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
December 16, 2019
Minutes
1. CALL TO ORDER: Meeting called to order at 6:00 P.M.
2. ROLL CALL: Present: WRIGHT, GUERBER, JOHNSON, MCLAUGHLIN, and SMITH. A
quorum is present.
Mayor Ridgeway addresses the Commission.
Mayor Ridgeway responds to comments from the Commission.
ALL CONSENTAGENDA ITEMS ARE ACTION ITEMS. CONSENT AGENDA:
♦ Consent Agenda items are considered to be routine and are acted on with one motion. There
will be no separate discussion on these items unless the Chairman, a Commissioner, member
of City Staff, or a citizen requests an item to be removed from the Consent Agenda for
discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in
a sequence determined by the Rules of Order.
♦ Any item on the Consent Agenda that contains written recommendations from the City of
Eagle shall be adopted as part of the Planning & Zoning Commission's Consent Agenda
approval motion unless specifically stated otherwise.
A. Minutes of December 2, 2019.
B. Findines of Fact and Conclusions of Law for the Approval of CU -06-19 — Outdoor
Preschool and Nursery (Plant Materials) and Waivers Pursuant to Idaho Code 67-
6512(f) — Tamara Jahelka & Miranda Deckwa Jas er: Tamara Jahelka and Miranda
Deckwa Jasper are requesting conditional use permit approval for a 24- student (maximum)
outdoor preschool (daycare center), a nursery (plant materials), and waivers pursuant to Idaho
Code 67-6512(f). The 1.41 -acre site (Lots 12 & 13, Block 2, Randall Acres Subdivision No.
15) is located on the north side of East Dunyon Street approximately 320 -feet west of the
intersection of North Parkinson Street and East Dunyon Street at 2230 and 2248 East Dunyon
Street.
McLaughlin moves to approve the consent agenda as presented. Seconded by Guerber.
ALL AYES... MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE.
5. PUBLIC HEARINGS:
A. ACTION ITEM.- CPA -02-19 — City of Ea le: The City of Eagle is requesting comprehensive
plan map and text amendments to the 2017 Eagle is HOME Plan. The amendments include,
but are not limited to the Reduction of the Foothills Subarea; Removal of the Brookside
Subarea; Establish new Comprehensive Planning Boundary for the City; Text amendments
for consistency with the Future Land Use Map; Inclusion of the trail and parks master
planning processes and polices, Establish an "Employment and Enterprise Overlay." This
item was continued from the November 18, 2019 Planning & Zoning Commission meeting.
Chairman Wright briefly introduces the item.
City Planner, Nichoel Baird Spencer, introduces the item and provides commentary regarding
written testimony received after the deadline provided by the Commission.
Spencer responds to questions from the Commission.
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Mitra Mehta -Cooper, Strategic Planning Manager with Ada County, 200 West Front Street,
Boise, Idaho. Cooper reads a letter from the Board of Ada County Commissioners in support of
the proposed amendment.
Chairman Wright explains the format of the Public Hearing.
Discussion amongst the Commission.
Chairman Wright opens the Public Hearing
Max Brown, 1825 West Beacon Light Road, Eagle, Idaho. Brown states his opposition for the
proposed amendment, states that he wants to be able to provide input and feedback on
development in the foothills and states that he wants to keep the rural feel of Eagle.
David Eberle, 3648 North Willowbar Way, Garden City, Idaho. Eberle discusses the conclusions
of his January 2019 economic impact report of the City of Eagle, recommends that the
Commission deny the proposal and recommends that the City of Eagle think about controlling
growth.
Eberle responds to questions from the Commission.
Chad McCloud, 934 East Segundo Street, Meridian, Idaho. McCloud states that he is a local real
estate professional, and discusses affordable housing provided in Avimor and recent house sale
prices.
Charlie Baun, 1072 North Beachwood Court, Eagle, Idaho. Baun discusses the economic value of
open space, discusses the cost of foothills levies in Boise, and states that Avimor will provide
16,000 -acres of perpetually open space.
Baun responds to questions from the Commission.
Kevin Helmick, 479 West Terra Cotta Lane, Boise, Idaho. Helmick expresses concerns regarding
the accuracy of information stated at the previous Commission meeting, encourages that people
do their own research and visit Avimor, and requests that the Commission deny the proposed
application.
Sheridan Hodson, 1576 West Kenai Court, Eagle, Idaho. Hodson provides commentary regarding
the financial analysis, states that he feels the proposed amendment feels rushed, states that the
approval or denial of this amendment will not determine whether Avimor does or does not
develop, discusses Dry Creek Ranch Subdivision, and wonders what future Ada County
Commissioners may or may not support.
John Rogers, 619 South Silver Bow Avenue, Eagle, Idaho. Rogers discusses Gold Fork Hot
Springs, discusses development in Arizona and similarities to Eagle, discusses Avimor's
approach to growth, and states his opposition to the proposed amendment.
Rogers responds to comments from the Commission.
Steve Bender, 1235 North Sevenoaks Place, Eagle, Idaho. Bender states his opposition to the
proposed plan, discusses typos and errors in the proposed plan, explains his analysis of the plan,
and states four options that he believes the Commission has regarding the proposed plan.
Bender responds to comments from the Commission.
Kali Carringer, 2206 East Celia Court, Eagle, Idaho. Carringer states that she supports the City of
Eagle exploring not incorporating all of Avimor, and states that she does not oppose Avimor but
thinks it the City of Eagle should not incorporate across county lines.
Russ Buschert, 235 West Floating Feather Road. Buschert states his support for managed growth
in the foothills, discusses the history of Eagle's actions in the foothills, and states that the foothills
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plan developed in 2007 does not reflect current conditions. Buschert recommends temporarily
removing the foothills from the comprehensive plan, then add it back into the comprehensive plan
in the future with up-to-date requirements. Buschert discusses transportation, traffic concerns, and
economic studies, discusses having an independent study conducted to examine costs of annexing
Avimor, and suggests bringing the public into the process.
Buschert responds to questions and comments from the Commission.
Chris Hadden, 909 North Morley Green Place, Eagle, Idaho. Hadden references his written
testimony, references earlier comments made by Max Brown, discusses delays related to the
extension of Highway 16, explains his experience living in Arizona, and describes the growth and
increases in crime that occurred in Phoenix. Hadden discusses local budget deficits, Avimor's
discussions with the City of Eagle regarding annexation, community infrastructure districts and
bonds, tax exemptions, and a recent water study regarding the viability of M3.
Hadden responds to questions from the Commission.
Barb Jekel, 2862 North Haven Drive, Eagle, Idaho. Jekel states that this amendment is a great
opportunity for the City of Eagle to work with Ada County and a way to ensure the City of Eagle
is not overburdened. Jekel states her support for the proposed amendment and requests that the
Commission recommend approval of the plan, and reminds the Commission that this proposed
amendment is about the foothills as a whole, not solely about Avimor.
Tom Brengle, 2475 North Sun Valley Place, Eagle, Idaho. Brengle states that this is not a
discussion regarding the annexation of Avimor, as there is not currently an active application.
Brengle asks the Commission to approve the proposed amendment to exclude the foothills from
the Comprehensive Plan.
Dan Richter, 18454 North McLeod Way, Boise (Avimor), Idaho. Richter states that he is a
managing partner for Avimor and discusses community infrastructure districts (CIDs) and impact
fees, discusses development in Arizona, homeowners' exemptions, the cost and worth of
agricultural land, and open space that will be provided in Avimor.
Richter responds to questions from the Commission.
Cheryl Bloom, 2153 North Hollybrook Place, Eagle, Idaho. Bloom inquires where in Eagle City
Code public hearings are allowed to be limited to only two -hours, and asks that the City Attorney
address this.
Steve Martinez, 363 East Riversedge Drive, Eagle, Idaho. Martinez explains that he has
participated in many comprehensive plan rewrites in many municipalities, expresses concerns
about the amount of time spend on this proposed amendment, and requests that the Commission
deny the proposed amendment.
Nancy Viano, 704 North Nicklaus Lane, Eagle, Idaho. Viano encourages the Commission to take
their time evaluating the proposed changes, as they will shape the future of Eagle and future
generations.
Shelly Brock, 8770 East Chaparral Road, Eagle, Idaho. Brock states her support for comments
made by Mr. Hadden, Mr. Brengle, and Mrs. Viano. Brock states her appreciation for questions
asked of Mr. Richter. Brock discusses a lawsuit filed by Boise City against Ada County regarding
Avimor, water consumption and water availability in the foothills, and references statements
made by Mr. Eberle regarding Avimor potentially purchasing Eagle Water Company.
Brock responds to questions from the Commission, and states her support for the proposed
amendment.
Mike Woodworth, 2062 South Whisper Cove Way, Boise, Idaho. Woodworth explains that he
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has worked with Avimor with regard to water planning and to examine water availability in
Avimor, and states that there is sufficient water to supply water to the 10,000 homes proposed by
Avimor.
Woodworth responds to questions from the Commission.
Jennifer Kharrl, Planning Director for Gem County, 1561 Michael Street, Emmett, Idaho. Kharrl
states that Gem County did not receive notice of the proposed comprehensive plan amendment,
and did not have an opportunity to review the proposal or provide comment.
City Planner, Nichoel Baird Spencer, responds to concerns raised during the public hearing.
Chairman Wright closes the Public Hearing.
General discussion amongst the Commission.
Original motion: Guerber moves to forward to the Eagle City Council the comp plan
amendment for the foothills sub area with a "do not pass" recommendation, and however,
would recommend approval of the removal of the brookside sub area, establishment of the
new comprehensive plan boundary for the city, a text amendment for consistency with the
future land use map, inclusion of the trail and parks master planning process and policies,
and establishment of an employment and enterprise overlay. Seconded by McLaughlin.
City Planner, Nichoel Baird Spencer, requests clarification regarding the motion.
Guerber amends the original motion: I would amend my motion for a "do not pass"
recommendation on the comp plan foothills sub area, but a "do pass" on inclusion of trails
and parks master planning process, establishment of an employment and enterprise
overlay, and text amendment for consistency with the future land use map — West Park
public/semi-public change.
Discussion amongst the Commission.
Seconded by McLaughlin.
Discussion.
Substitute motion: Johnson moves to recommend for approval item CPA -02-19 — City of
Eagle comprehensive map and text amendments for the 2017 Eagle is Home as
recommended by Staff with any grammatical changes that are necessary.
Discussion for clarification.
Seconded by Smith.
Johnson's substitute motion: Two ayes (Smith and Johnson), three nays (Wright, Guerber,
and McLaughlin). MOTION FAILS.
Guerber's amended motion: Three ayes (Wright, Guerber, and McLaughlin), two nays
(Johnson and Smith). MOTION CARRIES.
Dissenting opinion by Johnson: I voted nay for the motion that was just approved only to
the part about the recommendation of denial to the foothills section. I would have voted
"yes" for the other three.
Chairman Wright requests a recess at 8:55 P.M.
Chairman Wright resumes the meeting at 9:05 P.M.
B. ACTION ITEM. A-04-19 & RZ-09-19 —Annexation and Rezone from RUT to R -E —City
of Eagle: On behalf of George Fischer, the City of Eagle, represented by William Vaughan,
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AICP, is requesting annexation and rezone from RUT (Rural -Urban Transition — Ada County
designation) to R -E (Residential -Estates). The 5.85 -acre and 5.39 -acre properties are located
on the south side of West Beacon Light Road approximately 2,098 -feet east of North
Ballantyne Lane at 1275 West Beacon Light Road (unplatted property) and 2575 North Sky
View Lane (Lot 6, Block 1, Pony Subdivision).
Zoning Administrator, Bill Vaughan, provides a detailed overview of the application.
Commissioner McLaughlin requests input from City Attorney, Victor Villegas, regarding written
testimony submitted by an attorney for Horizon Towers.
City Attorney, Victor Villegas, provides input and direction to the Commission.
Vaughan responds to questions from the Commission.
Chairman Wright opens the Public Hearing.
Steven Bender, 1235 North Sevenoaks Place, Eagle, Idaho. Bender references the written
testimony submitted by an attorney for Horizon Towers, and inquires about whether proper
procedure was followed regarding this application.
Bender responds to questions from the Commission.
Joshua Leonard, 4099 West Bavaria Street, Eagle, Idaho. Leonard states that he is speaking as an
Eagle resident and as an attorney for Horizon Towers. Leonard encourages City Attorney, Victor
Villegas, to review the property deeds. Leonard states that, as an Eagle resident, he does not want
his tax dollars spent defending lawsuits. Leonard recommends that the Commission vote "no" to
a Category A annexation, and "potentially yes" to a Category B annexation.
Leonard responds to comments from the Commission.
Christie Hodge, 2622 North Big Sky Place, Eagle, Idaho. Hodge states her support for the
application and describes concerns about development standards of Ada County.
Hank Allen, 687 West Rush Court, Eagle, Idaho. Allen expresses support for the application, and
explains concerns about a cell tower that has been approved by on the adjacent property.
Tammy Beach, 1300 West Rush Road, Eagle, Idaho. Beach supports anything south of Beacon
Light being annexed into Eagle so that all properties are held to the same standards, and
encourages the Commission to approve this application.
Beach responds to questions from the Commission.
Brett Saffery, 2575 North Sky View Lane. Saffery provides history of the property, discusses Ada
County development codes and the cell tower on an adjacent property that was approved through
Ada County.
Saffery responds to questions from the Commission.
Keith Taylor, 2557 North Sky View Lane, Eagle, Idaho. Taylor explains that he owns the
adjacent property where the cell tower has been approved, and provides background on
opposition from the neighbors regarding the cell tower and explains why his attorney is present at
the meeting.
Taylor responds to questions from the Commission.
Steve Barbey, 1114 West Rush Road, Eagle, Idaho. Barbey states that this application is about the
Fischer property, not the Taylor property and not the cell tower. Barbey states his support for the
application and asks the Commission to approve the application.
Max Brown, 1825 West Beacon Light Road, Eagle, Idaho. Brown explains the history of his
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property, states that the Fischers have a right to annex their property, and explains that having the
city involved in these types of issues is important, and states that, though he is in city limits, that
he does not receive City services.
Kali Carringer, 2206 East Celia Court, Eagle, Idaho. Carringer expresses concerns regarding the
number of pockets of property that are not in the City, and states that she believes it is logical for
the property to be annexed into city limits.
Joshua Leonard, 4099 West Bavaria Street, Eagle, Idaho. Leonard provides background regarding
the approval of the cell tower, opposition from the surrounding neighbors, and the likelihood of a
lawsuit being filed if the City approves this annexation.
Leonard responds to questions from the Commission.
Brett Saffery, 2575 North Sky View Lane, Eagle, Idaho. Saffery states that the owners of the cell
tower property do not own the private road or pay taxes for the road, and that the Fischer family
would like to be able to subdivide now that a cell tower is going to be placed next to their
property.
Christie Hodge, 2622 North Big Sky Lane, Eagle, Idaho. Hodge explains who the "us" comment
was that was made previously during the meeting, and states reasons for her opposition to the the
cell tower and her support of this annexation and rezone application.
Steve Bender, 1235 North Sevenoaks Place, Eagle, Idaho. Bender discusses access easements and
undivided interest, states that he is curious to hear the City Attorney's interpretation, and
discusses how cell towers work, and, states his support for this application.
Steve Barbey, 1114 West Rush Road, Eagle, Idaho. Barbey states that the neighbors are not
relying on the City's involvement in a lawsuit against the Taylors or Horizon Towers.
Zoning Administrator, Bill Vaughan, states that he does not have any rebuttal.
Vaughan responds to questions from the Commission.
Chairman Wright closes the Public Hearing.
General discussion amongst the Commission.
Johnson move to recommend for approval item 511 — A-04-19 & RZ-09-19 — Annexation and
Rezone from RUT to R -E with the addition of the research being completed by the City
Attorney regarding the subject easement area. Seconded by Guerber.
Discussion.
ALL AYES... MOTION CARRIES.
C. ACTION ITEM. CU -07-19 — Building Height Exception — Pet IQ, LLC: Pet IQ, LLC,
represented by Stan Cole with Cole Architects, is requesting a building height exception to
59 -feet. The request is in association with a proposed three (3) story office building. The
3.85 -acre site is located within the Eagle River development on the north side of East Eagle
River Street and East Riverside Drive on Lot 20 and a portion of Lot 19, Block 3, Mixed Use
Subdivision No. 5.
Stan Cole, 1008 West Main, Boise, Idaho. Cole provides a brief overview of the application.
Cole responds to questions from the Commission.
City Planner, Mike Williams, provides a detailed overview of the application.
Williams responds to questions from the Commission.
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Chairman Wright opens the Public Hearing.
Chad Longson, 2615 East Aspen Wood Court, Eagle, Idaho. Longson represents the applicant,
explains his history, the history of the company and the company's history in Eagle, and explains
more about the project.
Commissioner Smith states for the record that he has known Mr. Longson for many years, states
that he did not know that Longson is affiliated with the applicant, assures the Commission that he
will make an unbiased decision, and states that he will recuse himself if there are any concerns.
Longson responds to questions from the Commission.
Steve Bender, 1235 North Sevenoaks Place. Bender expresses concerns regarding the proposed
height, site design and layout.
Longson provides additional information regarding the building height and the reason for need
for additional height.
Cole provides rebuttal and addresses concerns raised during the Public Hearing.
Chairman Wright closes the Public Hearing.
General discussion amongst the Commission.
Smith moves to recommend for approval item CU -07-19 — Building Height Exception — Pet
IQ, LLC, to grant the exception.
Seconded by Guerber.
Discussion.
Two ayes (Smith and Guerber), three nays (Wright, Johnson, and McLaughlin). MOTION
FAILS.
Johnson moves to approve item 5C — CU -07-19 — Building Height Exception — Pet IQ, with
a building height not to exceed 55 -feet.
Seconded by McLaughlin.
Discussion.
Four ayes, one nay (Guerber). MOTION CARRIES.
NEW BUSINESS: NONE.
REPORTS:
A. Commission: Chairman Wright cites Eagle City Code Section 1-8-3 regarding time limits for
public hearings.
B. City Attorney: None.
C. Staff. None.
ADJOURNMENT:
McLaughlin moves to adjourn. Seconded by Guerber. ALL AYES... MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 11:24 P.M.
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RESPECTFULLY SUBMITTED:
" S L 9CARON,
CLERK OF THE MEETING
APPROVED:
" /� Q -
TRENT WRIGHT, /
CHAIRMAN '
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
WWW. CITYOFEAGLE.ORG.
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CITY OF EAGLE - PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
December 16, 2019
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CPA -02-19 - City of Eagle: The City of Eagle is requesting comprehensive plan map and text amendments
to the 2017 Eagle is HOME Plan. The amendments include, but are not limited to the Reduction of the
Foothills Subarea; Removal of the Brookside Subarea; Establish new Comprehensive Planning Boundary for
the City; Text amendments for consistency with the Future Land Use Map; Inclusion of the trail and parks
master planning processes and polices, Establish an "Employment and Enterprise Overlay." This item was
continued from the November 18, 2019 Planning & Zoning Commission meeting.
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CPA -02-19 - City of Eagle: The City of Eagle is requesting comprehensive plan map and text amendments
to the 2017 Eagle is HOME Plan. The amendments include, but are not limited to the Reduction of the
Foothills Subarea; Removal of the Brookside Subarea; Establish new Comprehensive Planning Boundary for
the City; Text amendments for consistency with the Future Land Use Map; Inclusion of the trail and parks
master planning processes and polices, Establish an "Employment and Enterprise Overlay." This item was
continued from the November 18, 2019 Planning & Zoning Commission meeting.
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CPA -02-19 — City of Eagle: The City of Eagle is requesting comprehensive plan map and text amendments
to the 2017 Eagle is HOME Plan. The amendments include, but are not limited to the Reduction of the
Foothills Subarea; Removal of the Brookside Subarea; Establish new Comprehensive Planning Boundary for
the City; Text amendments for consistency with the Future Land Use Map; Inclusion of the trail and parks
master planning processes and polices, Establish an "Employment and Enterprise Overlay." This item was
continued from the November 18; 2019 Planning & Zoning Commission meeting.
NAME (PLEASE PRINT) ADDRESS
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CITY OF EAGLE — PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
December 16, 2019
CPA -02-19 — City of Eagle: The City of Eagle is requesting comprehensive plan map and text amendments
to the 2017 Eagle is HOME Plan. The amendments include, but are not limited to the Reduction of the
Foothills Subarea; Removal of the Brookside Subarea; Establish new Comprehensive Planning Boundary for
the City; Text amendments for consistency with the Future Land Use Map; Inclusion of the trail and parks
master planning, processes and polices, Establish an "Employment and Enterprise Overlay." This item was
continued from the November 18, 2019 Planning & Zoning Commission meeting.
NAME (PLEASE PRINT) ADDRESS
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PUBLIC HEARING SIGN -IN SHEET
December 16, 2019
CPA -02-19 — City of Eagle: The City of Eagle is requesting comprehensive plan map and text amendments
to the 2017 Eagle is HOME Plan. The amendments include, but are not limited to the Reduction of the
Foothills Subarea; Removal of the Brookside Subarea; Establish new Comprehensive Planning Boundary for
the City; Text amendments for consistency with the Future Land Use Map; Inclusion of the trail and parks
master planning processes and polices, Establish an "Employment and Enterprise Overlay." This item was
continued from the November 18, 2019 Planning & Zoning Commission meeting.
NAME (PLEASE PRINT) ADDRESS
TESTIFY? (Y/N) PRO/CON
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PUBLIC HEARING SIGN -IN SHEET
December 16, 2019
CPA -02-19 — City of Eagle: The City of Eagle is requesting comprehensive plan map and text amendments
to the 2017 Eagle is HOME Plan. The amendments include, but are not limited to the Reduction of the
Foothills Subarea; Removal of the Brookside Subarea; Establish new Comprehensive Planning Boundary for
the City; Text amendments for consistency with the Future Land Use Map; Inclusion of the trail and parks
master planning processes and polices, Establish an "Employment and Enterprise Overlay." This item was
continued from the November 18, 2019 Planning & Zoning Commission meeting.
NAME (PLEASE PRINT) ADDRESS
TESTIFY? (Y/N) PRO/CON
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PUBLIC HEARING SIGN -IN SHEET
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A-04-19 & RZ-09-19 — Annexation and Rezone from RUT to R -E — City of Eagle: On behalf of George
Fischer, the City of Eagle, represented by William Vaughan, AICP, is requesting annexation and rezone from
RUT (Rural -Urban Transition — Ada County designation) to R -E (Residential -Estates). The 5.85 -acre and
5.39 -acre properties are located on the south side of West Beacon Light Road approximately 2,098 -feet east
of North Ballantyne Lane at 1275 West Beacon Light Road (unplatted property) and 2575 North Sky View
Lane (Lot 6, Block 1, Pony Subdivision).
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PUBLIC HEARING SIGN -IN SHEET
December 16, 2019
A-04-19 & RZ-09-19 — Annexation and Rezone from RUT to R _E — City of Eagle: On behalf of George
Fischer, the City of Eagle, represented by William Vaughan, AICP, is requesting annexation and rezone from
RUT (Rural -Urban Transition — Ada County designation) to R -E (Residential -Estates). The 5.85 -acre and
5.39 -acre properties are located on the south side of West Beacon Light Road approximately 2,098 -feet east
of North Ballantyne Lane at 1275 West Beacon Light Road (unplatted property) and 2575 North Sky View
Lane (Lot 6, Block 1, Pony Subdivision).
NAME (PLEASE PRINT) ADDRESS
TESTIFY? (Y/N) PRO/CON
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December 16, 2019
CU -07-19 — Building Hei ht Exception — Pet I LLC: Pet IQ, LLC, represented by Stan Cole with Cole
Architects, is requesting a building height exception to 59 -feet. The request is in association with a proposed
three (3) story office building. The 3.85 -acre site is located within the Eagle River development on the north
side of East Eagle River Street and East Riverside Drive on Lot 20 and a portion of Lot 19, Block 3, Mixed
Use Subdivision No. 5.
NAME (PLEASE PRINT) ADDRESS
TESTIFY? (Y/N) PRO/CON
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