Minutes - 2021 - Planning & Zoning - 07/19/2021 - RegularTHE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
July 19, 2021
Minutes
CALL TO ORDER: Meeting called to order at 6:00 P.M.
2. ROLL CALL: Present: GUERBER, MCCAULEY, MCLAUGHLIN, SMITH. Absent: WRIGHT.
A quorum is present.
3. 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, 2021.
B. Findings of Fact and Conclusions of Law for the Approval of RZ-04-21 & PP/FP-01-21 —
Middlefork Estates Subdivision — Michael and Julie Harrison: Michael and Julie Harrison
are requesting a rezone from R-E-DA (Residential -Estates with a development agreement) to R-
1-DA (Residential with a development agreement) and combined preliminary and final plat
approval for Middlefork Estates Subdivision, a 3-lot residential subdivision. The 3.15-acre site
is located on the west side of North Meridian Road approximately 1,725-feet north of West
Floating Feather Road at 1655 North Meridian Road. (DLM)
McLaughlin moves to approve the consent agenda as presented. Seconded by McCauley. ALL
AYES... MOTION CARRIES.
McLaughlin moves to amend the agenda to hear agenda item 6A immediately after Unfinished
Business and before the Public Hearings. Seconded by McCauley. ALL AYES... MOTION
CARRIES.
4. UNFINISHED BUSINESS: NONE.
6-. 5. NEW BUSINESS:
A. ACTION ITEM: VAC-03-21 — Vacation to the final plat of Williamson River Ranch
Subdivision No. 3 — Tradewinds General Contracting, Inc.: Tradewinds General
Contracting, Inc, is requesting to vacate the side yard public utilities, property drainage, and
pressure irrigation easement located within Lot 16 and 17, Block 6, Williamson River Ranch
Subdivision No. 3. The .52-acre site is located on the west side of South Riparian Way
approximately 500-feet south of the intersection of East Crowns Pointe Drive and South
Riparian Way at 1805 and 1819 South Riparian Way. (MJW)
City Planner, Mike Williams, provides a detailed overview of the application.
Williams responds to questions from the Commission.
Discussion amongst the Commission.
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McCauley moves to recommend for approval item VAC-03-21 Vacation to the final plat of
Williamson River Ranch Subdivision No. 3 — Tradewinds General Contracting, Inc.
Seconded by McLaughlin. ALL AYES ... MOTION CARRIES.
6. PUBLIC HEARINGS:
A. ACTION ITEM: 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: 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 (4 1 -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. (MJW)
Ken Firmage, FSOne LLC, 4904 West Frenchglen Court. Firmage provides a detailed overview of
the application.
Firmage responds to questions from the Commission.
City Planner, Mike Williams, provides a detailed overview of the application.
Williams responds to questions from the Commission.
Chairman Guerber calls a brief recess at 7:31 P.M.
Chairman Guerber resumes the meeting at 7:36 P.M.
Chairman Guerber opens the Public Hearing.
Jan Deters, 4639 West Escalante Drive. Deters is opposed to the zoning change and project due to
privacy and traffic issues. Deters would like to propose a single -story professional business complex.
Jason Williams, 2149 West Windchime Drive. Williams defers his testimony to allow more time -
pressed attendees to testify before him.
Ron Finch, 4599 West Escalante Drive. Finch is opposed to high density housing at the location and
would like to see bigger setbacks imposed.
Charles Hook, 4433 West Escalante Drive. Hook is opposed to the building heights (three stories)
and setbacks of proposed project. The setbacks need to be at least 25-feet from the neighboring
homes.
Dan Darragh, 4401 West Escalante Drive. Darragh is the HOA President of the Sedona Creek
Subdivision. Darragh expressed frustration with the lack of communication from the developer.
Darragh also expressed frustration over the high -density housing and the burden it will create on the
schools and traffic flow.
Dennis Hudson, 268 North Salina Avenue. Hudson declined to testify.
Rebecca French, 4564 West Escalante Drive. French is opposed to the project stating that the
intersection of Linder Road and Route 44 is much too congested with the Clara Apartments and that
additional high -density housing with not transition well with Sedona Creek and hurt the values of
said homes.
Tim Neilson, 1089 North Golden Crown Way. Neilson thanked the Commission for their time and
service. Neilson requested that the Commission not change the zoning of the property due to the
impact of traffic and overcrowded schools.
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Craig Osborne, 4636 West Escalante Drive. Osborne is concerned about traffic and feels that the
intersection of State Street and Linder Road will become a very dangerous intersection and that
accidents will ensue.
Scott Norell, 4600 West Escalante Drive. Norell is opposed to the project and feels that the new
development will devalue his property.
John Jameson, 205 N. 10"' Street, Boise, ID, 83072. Jameson is legal counsel for the Sedona Creek
HOA. Jameson references the original Development Agreement and is concerned with the residential
units being proposed and would like the site to be used for commercial development.
Stacy Summa, 77 North Salina Avenue. Summa is opposed to the residential component of the project
and would like it to be returned to the original commercial status. Summa has children and is
concerned about the impact of the traffic on safety of the roads.
Stanley French, 4564 West Escalante Drive. French is opposed to the project and would like the
Commission to follow the current Eagle Comprehensive Plan. French is opposed to the rezoning of
subject property and would like to see it developed as per the original development agreement.
Jay Walker, 849 East State Street. Walker is a consultant to the applicant. Walker is in favor of the
project and states that ACHD and ITD have reviewed the plans and are aware of the traffic impact.
Walker stated that ACHD and ITD has plans to improve the intersection to accommodate the
increased traffic flow.
Al Ulres, 338 North Havasu Court. Ulres is concerned about the traffic pattern of the intersection of
Linder Road and State Street.
Don Huckvale, 142 North Salina Avenue. Huckvale is opposed to the project and the possibility of
a road or bridge going over the Middleton Creek or Canal into the Ricks property and feels it would
be a terrible idea.
Gary Yasuda, 68 North Salina Avenue. Yasuda agrees with Mr. Huckvale and that the idea of a
roadway over the canal would terrible. Mr. Yasuda is in favor of the proposed storage units because
of the low traffic impact to the site.
Jan Deters, 4639 West Escalante Drive. Deters reiterated that the community is looking forward to a
single -story professional business complex.
Dan Darragh, 4401 West Escalante Drive. Darragh asks Mr. Walker for clarification about the
attendees of the pre -application meeting.
Ken Firmage provides rebuttal and responds to concerns raised during the Public Hearing.
City Planner, Mike Williams, provides clarification on the development agreement and the size of
the buildings and the traffic impact.
Chairman Guerber closes the Public Hearing.
Discussion amongst the Commission.
McLaughlin moves to reopen the Public Hearing to continue discussion. Seconded by
McCauley. ALL AYES ... MOTION CARRIES.
Dan Darragh, 4401 West Escalante Drive. Darragh explains that the communication between the
applicant and the HOA has been referred to legal counsel and what the applicant has proposed is
unacceptable to the HOA.
Chairman Guerber closes the Public Hearing.
Discussion amongst the Commission.
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McLaughlin moves to recommend for continuation item 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, for the
developer and neighbors to open lines of communication. Seconded by Smith.
Discussion over specific dates to continue Hearing.
McLaughlin makes a substitute motion to continue item A-05-19/RZ-11-19/RZ-06-04
MOD4/CU-10-19/PPUD-07-19/PP-07-19 — Route 44 Crossing Subdivision until the September
71h meeting. Seconded by Smith. ALL AYES ... MOTION CARRIES.
City Planner, Mike Williams, asks the Commission for time to consult with applicant. Time is
granted.
Williams informs the Commission that the applicant requests to deny the portions of the development
that are already annexed into the city and the annexation and rezone application that are associated
with the eastern parcels would move forward and the development agreement would be amended to
add the annexation and rezone for the storage facility.
City Attorney, Victor Villegas, explains to the Commission the differences of denying and/or
approving separate components of a combination application.
McLaughlin restates her motion to continue item A-05-19/RZ-11-19/RZ-06-04 MOD4/CU-10-
19/PPUD-07-19/PP-07-19 be continued to September 71h special meeting. Seconded by Smith.
ALL AYES ... MOTION CARRIES.
Chairman Guerber calls a brief recess at 9:46 P.M.
Chairman Guerber resumes the meeting at 9:55 P.M.
B. ACTION ITEM.- CU-02-21/PPUD-02-21/PP-04-21 — Arvory Crest Subdivision — FS One,
LLC: FS One, LLC, represented by David Sterling, P.E., with T-O Engineers, is requesting a
conditional use permit, preliminary development plan, and preliminary plat approvals for Arvory
Crest Subdivision, a 249-lot (231-single family residential, 18-common) residential planned unit
development. The 80.20-acre site is located on the southeast corner of West Floating Feather Road
and State Highway 16 at 1252 North Highway 16. (MJW)
Dave Sterling, TO Engineers, 2471 South Titanium Place, Meridian, ID 83642. Sterling provides a
detailed overview of the application.
Sterling responds to questions from the Commission.
City Planner, Mike Williams, provides a detailed overview of the application.
Williams responds to questions from the Commission.
Chairman Guerber opens the Public Hearing.
There were no members of the public present who wished to testify.
Dave Sterling provides information on project streetlights.
City Planner, Mike Williams, provides clarification on the proposed easements and setbacks.
Chairman Guerber closes the Public Hearing.
Smith moves to recommend for approval CU-02-21/PPUD-02-21/PP-04-21 — Arvory Crest
Subdivision — FS One, LLC with staff recommendations. Seconded by McCauley. ALL
AYES ... MOTION CARRIES.
7. REPORTS:
A. Commission: Commissioner Smith references the intersection of West Floating Feather and
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Highway 16 and the fatal car accident involving sixteen -year -old Shauna Hill. Shauna was killed
on December 18, 2012, while driving a classmate home from an instrumental music performance
at Albertsons. Commissioner Smith mentioned this incident to raise awareness about the dangers
of this intersection and the need for corrective traffic measures.
B. City Attorney: None
C. Staff: City Planner, Mike Williams, informs the Commission that the sidewalk issues at Spartan
Estates on Meridian Road have been remanded to Staff. Williams also discusses the current flow
of applications.
ADJOURNMENT:
Guerber moves to adjourn. Seconded by McCauley. ALL AYES... MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 10:43 P.M.
RESPECTFULLY SUBMITTED:
MANDA NADEAU,
LERK OF THE MEETING
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
PUBLIC HEARING SIGN -IN SHEET
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: 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
(4 1 -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.
July 6, 2021
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CITY OF EAGLE - PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
CCU-02-21/PPUD-02-21/PP-04-21 — Arvory Crest Subdivision — FS One, LLC: FS One, LLC, represented
by David Sterling, P.E., with T-O Engineers, is requesting conditional use permit, preliminary development
plan, and preliminary plat approvals for Arvory Crest Subdivision, a 249-lot (231-single family residential,
18-common) residential planned unit development. The 80.20-acre site is located on the southeast corner of
West Floating Feather Road and State Highway 16 at 1252 North Highway 16.
July 6, 2021
NAME (PLEASE PRINT) ADDRESS TESTIFY? (X/N) PRO/CON