Minutes - 2020 - Planning & Zoning - 07/20/2020 - RegularTHE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
July 20, 2020
Minutes
1. CALL TO ORDER: Meeting called to order at 6:OOP.M.
2. ROLL CALL: Present: WRIGHT, GUERBER, MCCAULEY, and SMITH. Absent:
MCLAUGHLIN. A quorum is present.
3. ALL CONSENTAGENDA ITEMSAREACTIONITEMS. 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 July 6, 2020.
B. Findings of Fact and Conclusions of Law for the Approval of A-02-20 & RZ-02-20 —
Annexation and Rezone from RUT to R -4 -DA for a Senior Livin Facility and Hei ht
Exception Request — Cameron General Contractors Inc.: Cameron General Contractors,
Inc., represented by Charles Baverman, 11I, with Dinsmore & Shohl, LLP is requesting
annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to R -4 -
DA (Residential with a development agreement [in lieu of a conditional use permit]) for a 130 -
unit senior living facility. The 10.44 -acre site is located on the east side of North Linder Road
approximately 90 -feet south of the intersection of West Temple Drive and North Linder Road
at 6910 and 6940 North Linder Road. (MJW)
Smith moves to approve the minutes and consent agenda as read. Seconded by Guerber. ALL
AYES... MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE.
Chairman Wright introduces Commissioner Todd McCauley.
Commissioner McCauley briefly introduces himself.
PUBLIC HEARINGS:
A. ACTION ITEM: A-03-20 & RZ-03-20 — Enclave Annexation and Rezone from RUT Ada
County Desi nation to R -E (Residential -Estates) — City of Ea le: Pursuant to Idaho Code
50-222 (3)(a)(ii), the City of Eagle will be conducting public hearings regarding the annexation
and rezone of the property located at 2557 N. Sky View Lane (Lot 5, Block 1, Pony
Subdivision). The 5 -acre site is located approximately 795 -feet south of Beacon Light Road
and approximately 1/3 -mile east of Ballantyne Lane. (WEV) This site was not posted in
accordance with Eagle City Code Section 8-7-8(E), therefore, this application will be re -
noticed for a public hearing at a future date.
Zoning Administrator, Bill Vaughan, informs the Commission that the site was not posted in
accordance with State Code and City Code, and that the Commission does not need to take any
action at this time.
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B. ACTION ITEM: CPA-02-20 — Comprehensive Plan Amendment — City of Eagle: City
Initiated Comprehensive plan text amendment to the 2017 Eagle is HOME Plan, Chapter 4:
Utilities, Facilities and Services section to include language regarding the adoption of capital
improvements plans to establish minimum level of services standards for police and fire
protection impact fees. (NBS)
Zoning Administrator, Bill Vaughan, requests that this item be continued to the August 3 Planning
& Zoning Commission meeting.
Guerber makes a motion to move action item 513 to the next Planning & Zoning meeting on
August 3rd. Seconded by McCauley. ALL AYES... MOTION CARRIES.
C. ACTION ITEM: A-06-19/RZ-12-19/CU-08-19/PPUD-05-19/PP-08-19 — Rene Place
Planned Unit Develonment — MCG-Sterlin LLC: MCG-Sterling, LLC, represented by
Becky McKay, with Engineering Solutions, LLP, is requesting annexation, rezone from R-3
(Residential) and RUT (Rural-Urban Transition — Ada County designation) to R-5-DA-P
(Residential with a development agreement — PUD), conditional use permit, preliminary
development plan, and preliminary plat approvals for Rene Place Subdivision, a 89-lot (80-
buildalble, 7-common, 2-non-buildable) residential planned unit development. The 18.51-acre
site is located at the northeast corner of North Dicky Drive and North Rene Place at 500 North
Rene Place. (MJW) This item was continued from the June 15, 2020 Planning & Zoning
Commission meeting.
City Planner, Mike Williams, provides a brief overview of the original application.
Williams responds to questions from the Commission.
Chairman Wright provides a brief overview of expectations regarding testimony related to this
agenda item.
Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian, Idaho. McKay provides an
overview of the application and modifications made in response to the Commission's comments.
McKay responds to questions from the Commission.
Jim Zubiaga, 185 Mackenzie Creek Road, White Bird, Idaho. Zubiaga provides information
regarding whether the houses along the golf course will be single-story or multi-story.
Zubiaga responds to questions from the Commission.
McKay provides additional information regarding the application and responds to questions from
the Commission.
City Planner, Mike Williams, discusses items for the Commission to discuss in their deliberation.
Williams responds to questions from the Commission.
Chairman Wright opens the Public Hearing.
Terry Loftus, 216 Rene Place, via WebEx. Loftus, speaking on behalf of himself and his HOA,
expresses concerns about the density of the proposed subdivision.
Mitch Baird, via WebEx. Baird stated that there were no questions.
Mark Jones, 2509 East Snocreek Drive, via WebEx. Jones expresses concerns related to traffic,
references Eagle City Code Section 8-6-6-3(B) regarding planned unit developments, and requests
that approval be postponed until surrounding subdivisions are fully built to determine how traffic
will be impacted by subdivisions that have already been approved. Jones recommends that the
Commission deny the application.
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Jones responds to questions from the Commission.
David Jakious, 2577 East Mariposa Drive, via WebEx. Jakious, speaking on behalf of Ringo Ridge
homeowners, states that he does not oppose development; however, he does oppose this proposal
due to the density, concerns about traffic, safety, school capacities, amount of open space, and
states that the proposal is not similar to existing homes in the area.
Jenny Johnson, via WebEx. Johnson did not speak.
Tom Siegert, 2421 East Snocreek Drive, via WebEx. Siegert states opposition due to traffic
concerns and roadway access, strain on existing schools, references the ACHD staff report, states
that he does not oppose development; however, states opposition to this proposal due to the density.
Tim Simmons, 2391 East Gleneagle Drive, via WebEx. Simmons expresses concerns related to
traffic, two points of egress, and discusses the existing alley width.
Simmons responds to questions from the Commission.
David Berggren, 2651 East Snocreek Drive. Berggren expresses concerns related to traffic and
safety, states that he did not learn of the proposal until after the June 15th public hearing, and
expresses concerns about roadway design.
Ryan Kuhns, 725 West Floating Feather Road. Kuhns states his support for established setbacks,
code requirements, and community standards.
Kuhns responds to questions from the Commission.
Ryan Thurman, 2572 East Snocreek Drive. Thurman states his opposition to the application,
expresses concerns related to traffic and density.
Becky McKay, Engineering Solutions. McKay provides rebuttal and addresses concerns raised
during the public hearing.
McKay responds to questions from the Commission.
City Planner, Mike Williams, responds to questions from the Commission.
Chairman Wright closes the Public Hearing.
Guerber: I'm going to make a motion that we approve the project as revised; however, I think
that we should reduce the number of lots by 2, which moves that down to about a 3.94 unit
per acre, which would allow us then, instead of granting an R-5, to do an R-4, as many
subdivisions around that are. I think those two lots are probably going to come off the west
boundary, if that were to take place. I would propose that we only single -stories on the small
lots, and that we allow some two -stories, 50% of those larger lots to have two-story.
Discussion.
Guerber: I would also add to my motion that 75% of the project can be developed until that
second northeast access point is completed. That would be 55 of the, as proposed, 74 units
that can be built until something happens with that corner. I would leave the staff setbacks
as staff has proposed. I'm not going to add the stub street to the golf course, so strike site
specific condition #16.
Seconded by Smith.
Discussion.
City Planner, Mike Williams, requests clarification regarding the motion regarding single -story on
smaller lots.
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Guerber: I was thinking along the golf course because that's where I saw the revisions made
in this overall original plan to the plan that we have right now where they removed four.
City Planner, Mike Williams, states that with the reduction of two lots, the density will be
3.997 density, and recommends that condition of development 3.1 be changed to "not to
exceed 4.0 dwelling units per acre" and reflect "74 -lots versus 80 -lots."
Guerber: Correct.
Discussion.
Seconded by Smith.
Discussion.
ALL AYES... MOTION CARRIES.
Chairman Wright requests a brief recess at 8:00 P.M.
Chairman Wright resumes the meeting at 8:08 P.M.
D. ACTION ITEM. RZ-12-08 MOD3 — Modification to Development Agreement — Restored
Communitv Church: Pastor Ben Harris, with the Restored Community Church, is requesting
a development agreement modification to the rezone development agreement associated with
the previously approved Restored Community Church. The request is to modify the site plan
identified in the previously approved Condition of Development 3.3 to add a 2800 -square foot
modular building intended to be used for church kids on Sundays and a preschool to serve the
community Monday through Friday. The 5.52 -acre site is located on the south side of West
Floating Feather Road approximately 1000 -feet east of North Park Lane at 3633 West Floating
Feather Road. (DCL)
Ben Harris, Pastor for Restored Community Church, 3633 West Floating Feather Road. Harris
provides an overview of the application.
Harris responds to questions from the Commission.
City Planner, Denise Lauerman, provides a detailed overview of the application.
Lauennan responds to questions from the Commission.
Chairman Wright opens the Public Hearing.
Laura Swanson, 1000 Park Lane. Swanson expresses concerns related to traffic and noise generated
by the preschool.
Ryan Kuhns, 725 West Floating Feather Road. Kuhns states that he attends the church and supports
the application, explains that the church is fiscally responsible and is meeting a community need.
Harris does not provide rebuttal.
Chairman Wright closes the Public Hearing.
Smith moves to recommend for approval item 5D RZ-12-08 MOD3 — Modification to
Development Agreement — Restored Community Church. Seconded by McCauley. ALL
AYES... MOTION CARRIES.
E. ACTION ITEM: CU -03-20 — Senior_ Assisted Living Facilitv (aka Nursing/Convalescent
Home) and a Waiver Pursuant to Idaho Code 67-6512(f) — Rick Bennett: Rick Bennett,
represented by Caroline Moore with BrightStar Care, is requesting conditional use permit
approval for a 10 -bed nursing/convalescent home. The applicant is also requesting conditional
use permit approval of a waiver, [in accordance with Idaho Code §67-6512(f)], of Eagle City
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Code Section 8-3-2 (F), (Requirement for facility to be located adjacent to an arterial or
collector roadway). The .51 -acre site (Lot 29, Block 10 Senora Creek Subdivision No. 3) is
located on the south side of West Prickly Pear Drive approximately 120 -feet west of the
intersection of North Park Lane and West Prickly Pear Drive at 4073 West Prickly Pear Drive.
(DCL)
Caroline Moore, 4073 West Prickly Pear Drive. Moore provides an overview of the application.
City Planner, Denise Lauerman, provides an overview of the application.
Lauerman responds to questions from the Commission.
Zoning Administrator, Bill Vaughan, responds to questions from the Commission.
Lauerman responds to questions from the Commission.
Chairman Wright opens the Public Hearing.
There were no members of the public present to testify.
Moore provides rebuttal and addresses concerns raised by the Commission.
Chairman Wright closes the Public Hearing.
Guerber moves to recommend approval to the City Council for CU -03-20 — Senior Assisted
Living Facility (aka Nursing/Convalescent Home) and a Waiver Pursuant to Idaho Code 67-
6512(f). Seconded by McCauley. ALL AYES... MOTION CARRIES.
F. ACTION ITEM.- ZOA-02-20 — Zoning Ordinance Amendment — City of Eagle: AN
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 8
"ZONING", CHAPTERS 1, 2 & ARTICLE 2A, 3, 4, 6, 7, 10, AND AMENDING TITLE 9
"LAND SUBDIVISIONS", CHAPTERS 2, 4; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE. (WEV) This item was continued from the July 6,
2020 Planning & Zoning Commission meeting.
Zoning Administrator, Bill Vaughan, provides an overview of the application.
Vaughan responds to questions from the Commission.
Discussion.
Guerber moves to forward ZOA-02-20 — Zoning Ordinance Amendment with a
recommendation for approval to the City Council. Seconded by McCauley. ALL AYES...
MOTION CARRIES.
City Attorney, Joe Borton, informs the Commission that the Public Hearing was not closed,
and requests that the Chairman do so.
Chairman Wright opens the public hearing.
There were no members of the public present to testify.
Chairman Wright closes the public hearing.
Chairman Wright recaps the motion.
6. NEW BUSINESS: NONE.
7. REPORTS:
A. Commission: None.
B. City Attorney: None.
C. Staff: None.
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ADJOURNMENT:
McCauley moves to adjourn. Seconded by Wright. ALL AYES... MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 9:31 P.M.
RESPECTFULLY SUBMITTED:
As���
KRISTL D. CARON,
CLERK OF THE MEETING
APPROVED:
TRENT WRIGHT,
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W.CITYOFEAGLE.ORG.
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CITY OF EAGLE - PLANNING & ZONING COMMISSION
15K PUBLIC HEARING SIGN -IN SHEET �5k
July 20, 2020
A-03-20 & RZ-03-20 — Enclave Annexation and Rezone from RUT (Ada Countv Desi nafion) to R -E
(Residential -Estates) — City of Eajjle: Pursuant to Idaho Code 50-222 (3)(a)(ii), the City of Eagle will be
conducting public hearings regarding the annexation and rezone of the property located at 2557 N. Sky View Lane
(Lot 5, Block 1, Pony Subdivision). The 5 -acre site is located approximately 795 -feet south of Beacon Light Road
and approximately 1/3 -mile east of Ballantyne Lane. (WEV) This site was not posted in accordance with Eagle City
Code Section 8-7-8(E), therefore, this application will be re -noticed for a public hearing at a future date.
NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON
CITY OF EAGLE - PLANNING & ZONING COMMISSION
Sb PUBLIC HEARING SIGN -IN SHEET 15B
July 20, 2020
CPA -02-20 — Comprehensive Plan Amendment — City of Eagle: City Initiated Comprehensive plan text amendment
to the 2017 Eagle is HOME Plan, Chapter 4: Utilities, Facilities and Services section to include language regarding the
adoption of capital improvements plans to establish minimum level of services standards for police and fire protection
impact fees. (NBS)
NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON
CITY OF EAGLE - PLANNING & ZONING COMMISSION
5C0010 PUBLIC HEARING SIGN -IN SHEET 95C
July 20, 2020
A-06-19/RZ-12-19/CU-08-19/PPUD-0--19/PP-08-19 — Rene Place Planned Unit Development — MCG -Sterling,
LLC: MCG -Sterling, LLC, represented by Becky McKay, with Engineering Solutions, LLP, is requesting annexation,
rezone from R-3 (Residential) and RUT (Rural -Urban Transition — Ada County designation) to R -5 -DA -P (Residential
with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat
approvals for Rene Place Subdivision, a 89 -lot (80-buildalble, 7 -common, 2 -non -buildable) residential planned unit
development. The 18.51 -acre site is located at the northeast corner of North Dicky Drive and North Rene Place at 500
North Rene Place. (MJW) This item was continued from the June 15, 2020 Planning & Zoning Commission meeting.
NAME (PLEASE PRINT) ADDRESS
TESTIFY? (Y/N) PRO/CON
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1-41
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51> CITY OF EAGLE - PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET 2D
July 20, 2020
RZ-12-08 MOD3 — Modification to Development Agreement — Restored Communitv Church: Pastor Ben Harris,
with the Restored Community Church, is requesting a development agreement modification to the rezone development
agreement associated with the previously approved Restored Community Church. The request is to modify the site plan
identified in the previously approved Condition of Development 3.3 to add a 2800 -square foot modular building
intended to be used for church kids on Sundays and a preschool to serve the community Monday through Friday. The
5.52 -acre site is located on the south side of West Floating Feather Road approximately 1000 -feet east of North Park
Lane at 3633 West Floating Feather Road. (DCL)
NAME (PLEASE PRINT) ADDRESS
TESTIFY? (Y/N) PRO/CON
CITY OF EAGLE - PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
July 20, 2020
CU -03-20 — Senior Assisted Living Facilitv (aka Nursing/Convalescent Home) and a Waiver Pursuant to Idaho
Code 67-6512(8 — Rick Bennett: Rick Bennett, represented by Caroline Moore with BrightStar Care, is requesting
conditional use permit approval for a 10 -bed nursing/convalescent home. The applicant is also requesting conditional
use permit approval of a waiver, [in accordance with Idaho Code §67-6512(f)], of Eagle City Code Section 8-3-2 (F),
(Requirement for facility to be located adjacent to an arterial or collector roadway). The .51 -acre site (Lot 29, Block 10
Senora Creek Subdivision No. 3) is located on the south side of West Prickly Pear Drive approximately 120 -feet west of
the intersection of North Park Lane and West Prickly Pear Drive at 4073 West Prickly Pear Drive. (DCL)
NAME (PLEASE PRINT) ADDRESS
TESTIFY? (Y/N) PRO/CON
CITY OF EAGLE - PLANNING & ZONING COMMISSION
5F
PUBLIC HEARING SIGN -IN SHEET 15f7
July 20, 2020
ZOA-02-20 — Zoning Ordinance Amendment — City of Ea le: AN ORDINANCE OF THE CITY OF EAGLE,
ADA COUNTY IDAHO, AMENDING TITLE 8 "ZONING", CHAPTERS 1, 2 & ARTICLE 2A, 3, 4, 6, 7, 10,
AND AMENDING TITLE 9 "LAND SUBDIVISIONS", CHAPTERS 2, 4; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (WEV) This item was continued from the July 6, 2020
Planning & Zoning Commission meeting.
NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON