Minutes - 2021 - Planning & Zoning - 06/07/2021 - RegularTHE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
June 7, 2021
Minutes
1. CALL TO ORDER: Meeting called to order at 6:11 P.M.
2. ROLL CALL: Present: WRIGHT, GUERBER, MCCAULEY, MCLAUGHLIN, SMITH. A
quorum is present.
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 May 17, 2021.
B. Findings of Fact and Conclusions of Law for the Approval of A-12-20/RZ-16-20 &
PP/FP-01-20 — Spartan Estates Subdivision — Clark Mahy: Clark Mahy, represented by
Stephanie Leonard with KM Engineering, LLP, is requesting an annexation, rezone from RUT
(Rural -Urban Transition — Ada County designation) to R-E-DA (Residential Estates with a
development agreement) and combined preliminary and final plat approvals for Spartan
Estates Subdivision, a 2-lot residential subdivision. The 4.69-acre site is located on the west
side of North Meridian Road approximately 1,500-feet south of the intersection of North
Meridian Road and West Beacon Light Road at 2635 North Meridian Road.
City Planner, Mike Williams, discusses pulling item 3B from the consent agenda.
Chairman Wright informs the Commission that item 3B needs to be pulled for further discussion
on site specific conditions of approval #9, #10, and 418.
Discussion.
Guerber moves to pull item 3B from agenda for further discussion. ALL AYES... MOTION
CARRIES.
McLaughlin recuses herself from the discussion because she was not present at the May 17, 2021
meeting.
Discussion regarding item 3B and the motion associated with Spartan Estates Subdivision by the
Commission on May 17, 2021.
Chairman Wright explains that, because the Spartan Estates application was not a PUD application,
the Commission did not have the authority to remove site specific conditions of approval #9, #10,
and # 18.
Guerber moves to approve the consent agenda with the exception of item 3B. Seconded by
Smith. ALL AYES... MOTION CARRIES.
UNFINISHED BUSINESS: NONE.
PUBLIC HEARINGS:
Chairman Wright states for the record that the item numbering on the online agenda initially
Page 1 of 4
KAP&Z\MINUTES\2021\PZ-06-07-21 min.docx
differed from the numbering on the official posted agenda, and confirms that item 5A is Route 44
Crossing Subdivision and 5B is Carrara Estates Subdivision.
A. ACTION ITEM: A-05-19/RZ-11-19/RZ-06-04 MOD4/CU-10-19/PPUD-07-19 & PP-07-19
- Route 44 Crossine Subdivision — Jay Walker: Jay Walker is requesting annexation, rezone
from R1 and C2 (Estate Residential and Community Commercial — Ada County designations)
to C-1-DA-P (Neighborhood Business District with a development agreement — PUD),
development agreement modification, and conditional use permit, preliminary development
plan, and preliminary plat approvals for Route 44 Crossing Subdivision, a 71-lot (41-single-
family [inclusive of 9-live/work lots], 10-commercial [inclusive of 2-storage unit lots], 20-
common) residential/commercial planned unit development. The 15.68-acre site is located at
the northeast corner of State Highway 44 and North Linder Road at 410 North Linder Road and
4400 West State Street.
City Planner, Mike Williams, informs the Commission that the applicant has requested to continue
the item to the June 21, 2021 Commission meeting.
McLaughlin makes a motion to remove item 5A — A-05-19/RZ-11-19/RZ-06-04 MOD4/CU-
10-19/PPUD-07-19 & PP-07-19 — Route 44 Crossing Subdivision — Jay Walker and have that
continued to the next meeting, June 21, 2021. Seconded by Smith. ALL AYES... MOTION
CARRIES.
B. ACTION ITEM: A-03-21/RZ-03-21/CU-03-21/PPUD-03-21/PP-05-21 — Carrara Estates
Subdivision — CC Chase LLC: CC Chase LLC, represented by Becky McKay with
Engineering Solutions, LLP, is requesting annexation, rezone from RUT (Rural -Urban
Transition — Ada County designation) to R-1-DA-P and R-3-DA-P (Residential with a
development agreement — PUD), conditional use permit, preliminary development plan, and
preliminary plat approvals for Carrara Estates Subdivision, a 103-lot (85-buildable, 18-
common) residential planned unit development. The 66-acre site is located on the north side of
West Floating Feather Road approximately 2,280-feet west of North Eagle Road.
Becky McKay, Engineering Solutions, 1029 North Rosario Street, Suite 100. McKay provides a
detailed overview of the application.
McKay responds to questions from the Commission.
City Planner, Daniel Miller, provides a detailed overview of the application.
Miller responds to questions from the Commission.
City Planner, Mike Williams, responds to questions from the Commission.
Chairman Wright calls a brief recess at 7:50 P.M.
Chairman Wright resumes the meeting at 7:57 P.M.
Chairman Wright opens the Public Hearing.
Betty Miller, 959 North Preakness, speaking on behalf of the Downing Downs Subdivision water
association. Miller describes water delivery through the Chase property, describes meetings with
the applicant's representative, expresses concerns about the grate size, pipe sizing, clean -out
locations and silt -traps, thanks Bill Chase and states that the Chases have been good neighbors, and
thanks the applicant's representative for her time and effort.
Janet Buschert, 235 West Floating Feather Road. Buschert states her support for the application,
believes it is in conformance with the comprehensive plan, appreciates the traffic calming devices,
describes traffic patterns, suggests eliminating one lot in the estate lots section of the plan, and
states that future conversations will need to be had if the parcel to the east were to develop.
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K1P&MMINUTES\20211PZ-06-07-21 min.dou
Stephanie Hopkins (WebEx sign-up). Not present.
Michael Sager (WebEx sign-up). Not present.
William Ziebell (WebEx sign-up). Not present.
Ian Burnett, 1417 North Foresto Bello Way (via WebEx). Burnett, speaking on behalf of the
Corrente Bello Subdivision HOA, discusses water use, the existing well on Chase property, desire
for traffic calming measures (including stop signs) into Corrente Bello Subdivision, desire for an
irrigation easement along northern property line to be memorialized in CC&Rs and subdivision
approvals, whether collected fees are distributed to schools, and the burying of powerlines along
Chase property.
Garry Heath, 2621 North Foudy Avenue (via WebEx). Heath provides testimony on an unrelated
topic.
City Planner, Mike Williams, responds to comments made by Mr. Heath.
Chris Gotsch (WebEx sign-up). Not present.
Cindy Ferch, 577 West Rush Court (via WebEx). Ferch states support for the application including
fencing and lot alignment between the existing surrounding lots and the proposed subdivision.
Ferch expresses concerns about rear setbacks and restricting exterior building lighting.
Laren Walker, 301 West Meadow Ridge Lane (via WebEx). Walker states that he shares Mrs.
Ferch's concerns, explains that he has had positive conversations with the applicant's
representative, but states that his concerns have not been resolved. Walker discusses the transition
to the 7-lots around the stub-street/turn-around and states that he submitted a drawing to illustrate
his thoughts.
City Planner, Daniel Miller, informs the Commission of the page number of Mr. Walker's
illustration in the packet.
Jim Richardson, 952 West Cherry Bello Drive (via WebEx). Richardson states that his concerns
were already shared by Mr. Burnett.
Dave Miles, 854 East Columbary Court. Miles thanks City Planner, Daniel Miller, for his help and
expresses concerns related to street naming.
Discussion.
Becky McKay, the applicant's representative, provides rebuttal and responds to concerns raised
during the Public Hearing.
McKay responds to questions from the Commission.
Chairman Wright closes the Public Hearing.
Discussion amongst the Commission.
McLaughlin moves to recommend for approval item 5B Carrara Estates Subdivision A-03-
21/RZ-03-21/CU-03-21/PPUD-03-21/PP-05-21— CC Chase LLC, with the following condition
amendments: On item 3.9, change wording to say "Owner shall construct neighborhood
amenities tot lot, and pedestrian pathways at the locations shown on the concept plan prior
to the signing of the final plat, with the pool and pool building to be completed within 12-
months of the signing of the plat; 3.10 the single-family dwellings and accessory structures
shall be constructed in substantial conformance to the styles of the architecture as shown in
exhibit E; 3.14 will be added to say "Final approval shall come with ITD traffic mitigation
plan and payment of fees" and removal of site specific condition #11 regarding the parking.
Seconded by McCauley.
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K:1P&Z1MI N UTES\2021 TZ-06-07-21 m h docx
Discussion.
McLaughlin amends the motion to include, "or provide security or bonding" on item 3.9.
Seconded by McCauley. ALL AYES... MOTION CARRIES.
Commissioner Guerber provides an explanation of the history of buried powerlines in Eagle.
6. NEW BUSINESS: NONE.
7. REPORTS:
A. Commission: Commissioner Smith provides comments regarding edits needed in the Staff
Report, and informs staff that a fire extinguisher is blocked in the main lobby. Commissioner
Guerber provides an update regarding the groundbreaking ceremony for the expansion of City
Hall; Commissioner McLaughlin inquires whether there will be a rendering of the City Hall
expansion in the main lobby. Commissioner Smith states that he will likely be absent on June
21 s`.
B. City Attorney: None
C. Staff. City Planner, Mike Williams, provides an update regarding the number of subdivision
applications and lots in process, and informs the Commission that a new City Planner will be
starting soon.
ADJOURNMENT:
Guerber moves to adjourn. Seconded by Wright. ALL AYES... MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 9:18 P.M.
RESPECTFULLY SUBMITTED:
KRISTL 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.
Page 4 of 4
K:\P&Z\M I N UTES\2021 \PZ-06-07-21 min.docx
CITY OF EAGLE - PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
A-03-21/RZ-03-21/CU-03-21/PPUD-03-21/PP-05-21 — Carrara Estates Subdivision — CC Chase LLC: CC Chase
LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting annexation, rezone from RUT
(Rural -Urban Transition — Ada County designation) to R-1-DA-P and R-3-DA-P (Residential with a development
agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Carrara
Estates Subdivision, a 103-lot (85-buildable, 18-common) residential planned unit development. The 66-acre site is
located on the north side of West Floating Feather Road approximately 2,280-feet west of North Eagle Road. (DLM)
June 7, 2021
NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON
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Year* 2021
Your Information
First Name* Last Name*
William Ziebell
Physical Street Address*
4365 W Spring House Drive
City * State * Zip Code*
Eagle ID 83616
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208-286-1776 william.ziebell@live.com
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Date
06/07/2021
04:04:58 PM
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Planning & Zoning
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06/07/2021
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Agenda Item
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Agenda Item Number*
Please provide Item number/letter reference from Agenda (ex: 9A)
A-05-19/RZ-11-19/RZ-06-04 MOD4/CU-10-19/PPUD-07-19/PP-
07-19
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Please provide any additional comments here.
I oppose this development. I oppose the high -density development and roads
adjacent to large residential lots. I oppose the proposed street access to the
development directly from Route 44. 1 oppose the annexation and the rezone R1
and C2 to C-1-DA-P. The rezoning is unacceptable for the area: it will increase road
traffic, decrease road and pedestrian safety, and decrease near -by residential
property values.
Additionally, I am disappointed by the preliminary plat that was sent in LEGAL
NOTICE TO PROPERTY OWNERS letter. The preliminary plat is so small that it
does not accurately convey the property boundaries. It is so blurred that the property
lines are indistinguishable. I have also noticed the signage on the property informing
the general public of this meeting were placed so that they are obscured from public
view. This is particularly illustrated by the sign at the North East corner of Route 44
and Linder.
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retention, and may be released upon request, unless exempt from disclosure by law.
Note: If you have visual materials to display during the public meeting, you must email the materials in
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Year* 2021
Your Information
First Name*
Last Name*
Laren
Walker
Physical Street Address*
301 W Meadow Ridge
City* State*
Zip Code*
Eagle ID
83616
Contact Phone Number* (')
Email
208-794-8840
Iarenwalker@gmail.com
*
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entered above. I have reviewed the information entered above and confirm that the
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Select if Applicable
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Signature*
Date
06/07/2021
03:31:54 PM
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Meeting Type*
Planning & Zoning
Date of Meeting*
06/07/2021
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Agenda Item
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Please provide Item number/letter reference from Agenda (ex: 9A)
Chase Estates subdivision
Stance On Agenda Item*
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Support
Oppose
Other
Comments on Agenda Item
Please provide any additional comments here.
I submitted written information to planning and zoning that changes the subdivision
layout at the corner of our property so it is consistent with planning and zoning
transition philosophy.
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Year* 2021
Your Information
First Name* Last Name*
Michael Sager
Physical Street Address
331 N Linder Road
City* State* Zip Code*
Eagle ID 83616
Contact Phone Number* (') Email*
208-939-9181 pastor@hopeeagle.org
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HOA or Neighborhood Group Name*
Hope Lutheran Church
Signature
Date
06/07/2021
12:23:06 PM
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meeting date, you will need to complete a new public hearing sign -in form in order to receive the
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Meeting Type*
Planning & Zoning
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06/07/2021
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Yes
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A-05
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Please provide any additional comments here.
The concern is traffic flow out of the subdivision - with access across from our main
access out of our property
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Note: If you have visual materials to display during the public meeting, you must email the materials in
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Year* 2021
Your Information
First Name* Last Name*
Jim Richardson
Physical Street Address*
952 W Cherry Bello
city* State
Eagle ID
Contact Phone Number* (')
916-496-1294
*
Zip Code*
83616
Email *
jimrichardson99@gmail.com
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HOA or Neighborhood Group Name*
Corrente Bello
Signature*
Date
06/07/2021
03:13:31 PM
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Planning & Zoning
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06/07/2021
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5B. Carrara Estates Subdivision
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Support
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Comments on Agenda Item
Please provide any additional comments here.
This project is adjacent to Corrente Bello community. We submitted written
comments on 5.28.21. Those comments contained information requests as well as
some requests regard water and traffic mitigation.
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Note: If you have visual materials to display during the public meeting, you must email the materials in
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Year* 2021
Your Information
First Name*
Last Name*
Stephanie
Hopkins
Physical Street Address*
5725 North Discovery Way
City* State*
Zip Code*
Boise ID
83713
Contact Phone Number* (?1
Email*
208-639-6939
shop kins@kmenglip.corn
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Signature*
y�t��lli!!� `yYC,o�.lilJ
Date
06/07/2021
09:21:31 AM
Meeting Information
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Planning & Zoning
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06/07/2021
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Yes
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Agenda Item
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Please provide Item number/letter reference from Agenda (ex: 9A)
3b
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Support
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Other
Comments on Agenda Item
Please provide any additional comments here.
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instructions and complete the form below. You must submit the form at least 60
minutes before the meeting start time in order to receive a Webex invite via email to
comment or testify at the meeting.
Information submitted via this form is subject to Idaho's Public Records Act, in regard to both release and
retention, and may be released upon request, unless exempt from disclosure by law.
Note: If you have visual materials to display during the public meeting, you must email the materials in
PowerPoint (.ppt) or PDF format to City of Eagle at least 6 business hours prior to the start of the meeting.
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Year* 2021
Your Information
First Name* Last Name*
Garry Heath
Physical Street Address*
2621 N Foudy Ave
City* State* Zip Code*
Eagle ID 83616
Contact Phone Number* ('l Email
949-290-1295 garryheath@gmail.com
*
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HOA or Neighborhood Group Name*
BROOKWAY SUBDIVISION - Eagle Mountain Estates
Signature*
6 Y H£4M
Date
06/07/2021
12:35:31 PM
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Planning & Zoning
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06/07/2021
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Agenda Item
Other Topic
Other Topic*
BROOKWAY NORTH SUBDIVISION
Comments on Other Topic
Please provide any additional comments here.
In February 2021. The new subdivision has 53 smaller building lots (some as small as
10,900sf) and different design and building standards with no common areas, behind all
lots, and no amenities such as a playground and pool like the adjoining BROOKWAY
SUBDIVISION has. The developer now says they are ANNEXING BROOKWAY NORTH
into BROOKWAY (EAGLE MOUNTAIN ESTATES) to allow their new development
residents to use the small HOA pool and 5 car parking lot of BROOKWAY. This will result
in a 50% more people using the amenities of the BROOKWAY SUBDIVISION and will
create a multi -year delay in the HOA hand -over to the lot owners. Our home is in
BROOKWAY, not BROOKWAY NORTH and our CC&Rs do not address a new
development being annexed into our current HOA. The Developer says the city
approved this, and the annexation will go through. They referred us to the city for
clarification and comment. I plan on coming to the city later today to get copies of the
city approval of the annexation for the homeowners here. The Developer responded
and indicated that the city of Eagle approved the developer to go ahead and annex a
new separate subdivision into BROOKWAY without asking the residents / and we are
obligated to share the amenities with the new subdivision. Can the city shed light on
their knowledge and approval of this practice?
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retention, and may be released upon request, unless exempt from disclosure by law.
Note: If you have visual materials to display during the public meeting, you must email the materials in
PowerPoint (.ppt) or PDF format to City of Eagle at least 6 business hours prior to the start of the meeting.
Email files to: clerks@cityofeagle.org
Once you have completed the Public Meeting Sign In Form (and indicated your desire to speak at the meeting), a
Webex meeting invitation will be emailed (up to 30 minutes prior to the meeting start time) on the day of the
meeting. If you don't see the invitation in your email inbox please check your junk/spam folder.
Year* 2021
Your Information
First Name* Last Name*
Chris Gotsch
Physical Street Address*
987 Arlington Drive
City* State* Zip Code*
Eagle ID 83616
Contact Phone Number* (') Email*
208-412-0087 chris@travis-jeffries.com
*
I understand that the WebEx meeting invitation will be sent to the email address
entered above. I have reviewed the information entered above and confirm that the
information provided is correct.
Select if Applicable
I am here representing my HOA or Neighborhood Group
I wish to speak at this meeting
Signature *
Date
06/07/2021
12:19:26 PM
Meeting Information
Public hearing sign -ins are date specific. In the event that an agenda item is continued to a future
meeting date, you will need to complete a new public hearing sign -in form in order to receive the
WebEx meeting invitation and provide remote testimony on the new date.
Meeting Type*
Planning & Zoning
Date of Meeting*
06/07/2021
Do you have visual material to present?*
Yes
No
I Want to Provide Feedback On*
Agenda Item
Other Topic
Other Topic*
if needed
Comments on Other Topic
Please provide any additional comments here.
Public Meeting Sign In Form
Form used to provide remote public comment via Webex for city meetings
To provide remote public comment via Webex for city meetings please follow the
instructions and complete the form below. You must submit the form at least 60
minutes before the meeting start time in order to receive a Webex invite via email to
comment or testify at the meeting.
Information submitted via this form is subject to Idaho's Public Records Act, in regard to both release and
retention, and may be released upon request, unless exempt from disclosure by law.
Note: If you have visual materials to display during the public meeting, you must email the materials in
PowerPoint (ppt) or PDF format to City of Eagle at least 6 business hours prior to the start of the meeting.
Email files to: clerks@cityofeagle.org
Once you have completed the Public Meeting Sign In Form (and indicated your desire to speak at the meeting), a
Webex meeting invitation will be emailed (up to 30 minutes prior to the meeting start time) on the day of the
meeting. If you don't see the invitation in your email inbox please check your junk/spam folder.
Year* 2021
Your Information
First Name*
Last Name*
Tom and Cindy
Ferch
Physical Street Address*
577 W Rush Ct
City* State*
Zip Code*
Eagle ID
83616
Contact Phone Number* (')
Email*
208-514-6845
cferch@gmail.com
*
I understand that the WebEx meeting invitation will be sent to the email address
entered above. I have reviewed the information entered above and confirm that the
information provided is correct.
Select if Applicable
I am here representing my HOA or Neighborhood Group
I wish to speak at this meeting
Signature*
«d✓ � tom!
Date
06/05/2021
10:55:57 AM
Meeting Information
Public hearing sign -ins are date specific. In the event that an agenda item is continued to a future
meeting date, you will need to complete a new public hearing sign -in form in order to receive the
WebEx meeting invitation and provide remote testimony on the new date.
Meeting Type*
Planning & Zoning
Date of Meeting*
06/07/2021
Do you have visual material to present?*
Yes
No
I Want to Provide Feedback On*
Agenda Item
Other Topic
Agenda Item Number*
Please provide Item number/letter reference from Agenda (ex: 9A)
5A
Stance On Agenda Item*
If selecting "Other" please provide clarification in the comments field below.
Support
Oppose
Other
Comments on Agenda Item
Please provide any additional comments here.
Support, with confirmation of our concerns because we are immediately adjacent to
the subject property: light pollution and setbacks. Thanks!
Public Meeting Sign In Form
Form used to provide remote public comment via Webex for city meetings
To provide remote public comment via Webex for city meetings please follow the
instructions and complete the form below. You must submit the form at least 60
minutes before the meeting start time in order to receive a Webex invite via email to
comment or testify at the meeting.
Information submitted via this form is subject to Idaho's Public Records Act, in regard to both release and
retention, and may be released upon request, unless exempt from disclosure by law.
Note: If you have visual materials to display during the public meeting, you must email the materials in
PowerPoint (.ppt) or PDF format to City of Eagle at least 6 business hours prior to the start of the meeting.
Email files to: clerks@cityofeagle.org
Once you have completed the Public Meeting Sign In Form (and indicated your desire to speak at the meeting), a
Webex meeting invitation will be emailed (up to 30 minutes prior to the meeting start time) on the day of the
meeting. If you don't see the invitation in your email inbox please check your junklspam folder.
Year* 2021
Your Information
First Name* Last Name*
IAN BURNETT
Physical Street Address*
1417 N. FORESTO BELLO WAY
City * State
EAGLE ID
Contact Phone Number*(?)
208-850-1501
*
Zip Code*
83616
Email *
ikburnett55@gmail.com
I understand that the WebEx meeting invitation will be sent to the email address
entered above. I have reviewed the information entered above and confirm that the
information provided is correct.
Select if Applicable
I am here representing my HOA or Neighborhood Group
I wish to speak at this meeting
HOA or Neighborhood Group Name*
CORRENTE BELLO HOA
Signature*
e��2'7/1611 mil'
Date
06/06/2021
Vil
Meeting Information
Public hearing sign -ins are date specific. In the event that an agenda item is continued to a future
meeting date, you will need to complete a new public hearing sign -in form in order to receive the
WebEx meeting invitation and provide remote testimony on the new date.
Meeting Type*
Planning & Zoning
Date of Meeting*
06/07/2021
Do you have visual material to present?*
Yes
No
I Want to Provide Feedback On *
Agenda Item
Other Topic
Agenda Item Number*
Please provide Item number/letter reference from Agenda (ex: 9A)
A-03-21 /RZ-03-21 /C U-03-21 /P PU D-03-21 /P P-05-21
Stance On Agenda Item *
If selecting "Other" please provide clarification in the comments field below.
Support
Oppose
Other
Comments on Agenda Item
Please provide any additional comments here.
NEUTRAL POSITION WITH COMMENTS AS NEEDED TO OR FOR
CLARIFICATION FOR SUBMITTED RESPONSE