Minutes - 2021 - Planning & Zoning - 09/07/2021 - Regular THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
September 7,2021
Minutes
1. CALL TO ORDER: Meeting called to order at 6:08 P.M.
2. ROLL CALL: Present: GUERBER, WRIGHT,MCLAUGHLIN, SMITH. Absent: MCCAULEY.
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 August 16,2021.
B. Findings of Fact and Conclusions of Law for the Approval of CPA-01-21/A-04-21/RZ-05-
21 — Comprehensive Plan Land Use Map Amendment, Annexation, and Rezone for a
portion of Pamela Baker Park—City Of Eagle: City initiated Comprehensive Plan Land Use
Map Amendment from Public/Quasi-Public (Boise City designation) to Public/Semi-Public
(City of Eagle designation)/Annexation and Rezone from A-1 to PS to include a recently
transferred property(from Boise City to City of Eagle) into Pamela Baker Park. The 6.22-acre
site is located on the northern portion of the existing Pamela Baker Park, approximately 1/3-
mile east of Eagle Road and 1/2-mile north of Chinden Boulevard. (MNB)
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: 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 (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. This item was continued from the July 19, 2021 Planning& Zoning
Commission meeting. (MJW)
City Planner,Mike Williams,provides the Commission with updates about the meeting that occurred
between the applicant and Sedona Creek's HOA. Williams received correspondence from Sedona
Creek's HOA's attorney outlining the agreement that was made between the applicant and HOA.
Williams also reminds the Commission that the Public Hearing was left open for both oral and
written testimony to allow for more residents to further testify on the matter.
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Commissioner Smith comments that he felt that the word"collude"as used by the Sedona Creek's
HOA's attorney's letter was left with a negative and bitter impression. Smith thought collaborate
would better fit the spirit of the letter and would like it replaced before going to City Council.
Ken Firmage, FS One LLC, 4904 West Frenchglen Court. The applicant provides an update to the
Commission that the meeting that took place between himself and the Sedona Creek HOA was a
wonderful,collaborative experience.
Firmage responds to questions from the Commission.
City Planner,Mike Williams,provides the Commission with the terms of the agreement based on the
letter received by the Sedona Creek HOA's attorney.
Williams responds to questions from the Commission.
Chairman Wright opens the Public Hearing.
Ron Finch, 4599 West Escalante Drive. Finch is interested in a hard number for the height of the
second floor of these live-work residents. Finch also wants details on a potential drive-thru and is
concerned about having one will cause more traffic.
Dan Darragh, 4401 West Escalante Drive. Darragh is the HOA President of the Sedona Creek
Subdivision. Darragh expresses concern about the zoning that the HOA agreed to and wants to know
if FS One LLC, doesn't complete the development, is there an option to go back to the previous
zoning, and also discussed the fencing that will separate the two properties and provide privacy for
the Sedona Creek residents.
Mark Butler, 1675 East Bishop Way. Butler suggests that the city include a fencing clause in the
development agreement which states that the agreed upon fencing be installed before building permits
are issued to the applicant.
Jan Deters, 4639 West Escalante Drive. Deters is interested in whether the development agreement
can specify that the rezoning is for this developer only and if the applicant should choose to not
complete the project,then can it go back to previous zoning.
Ken Firmage provides rebuttal and responds to concerns raised during the Public Hearing.
Chairman Wright closes the Public Hearing.
Discussion amongst the Commission.
McLaughlin moves to recommend for approval 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 with following
conditions: 1) enter into the conditions the letter from Gravis Law Firm, dated September 3,
2021,between the developer and the Sedona Creek HOA,with the following changes that were
outlined by Planning Department in italics in the presentation made to the Planning
Commission on slide #9 of the PowerPoint Presentation on September 7, 2021. Additionally,
site specific conditions of approval. 1)where there are attached sidewalks,trees will need to be
planted on the corner,2) there will be no retail in the live-work units.On site specific condition
#5, the rear setback will be changed to 22 feet and the modified second stories with 39-foot
setbacks. There will be transom windows and site-specific conditions on #3.6E which is an
owner-occupied clause. Seconded by Smith.
Discussion amongst the Commission.
McLaughlin makes an amended motion to include a site-specific condition that all fencing and
landscaping backing up to Sedona Creek will be finished prior to any Phase 1 permits being
issued.
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City Planner Williams asks Commissioner McLaughlin to make an "amended-amended"
motion removing the landscaping from the last motion,as it will be destroyed during
construction.
McLaughlin makes an amended motion removing the landscaping from the previous motion.
Seconded by Smith. ALL AYES...MOTION CARRIES.
B. ACTION ITEM: ZOA-01-21 —Zoning Ordinance Amendment—City of Eagle: An Ordinance
of the City of Eagle, Ada County Idaho, amending Title 8 "Zoning", Chapters 1-7, adding a new
Chapter 12 "Development Along State Highways", and amending Title 9 "Land Subdivisions",
Chapters 1-6; providing a Severability Clause; and providing an effective date.(WEV)
City Planning & Zoning Administrator, Bill Vaughan, provides a detailed overview of the Zoning
Ordinance Amendment.
Vaughan responds to questions from the Commission.
Chairman Wright opens the Public Hearing.
Clark Mahy,2635 North Meridian Road. Mahy is in favor of a specific section of the zoning ordinance
(8-7-3-1)and believes it will expedite and simplify the application process.
Dave Yorguson, 14254 West Battenburg Drive, Boise. Yorguson is representing Cindy Greco of the
Quarry Village project. Yorguson read a letter from Greco and enters it into the record.Greco's letter
refers to Section 12-4-3 (access to State Highway 55). Yorguson is also representing the Building
Contractors Association.
Vaughan provides rebuttal and responds to concerns raised during the Public Hearing.
Development Compliance Inspector, Mark Butler, provides historical information and clarity on
access rights.
Chairman Wright closes the Public Hearing.
Discussion amongst the Commission.
Guerber moves to postpone this item to the next Planning & Zoning Commission meeting on
September 20, 2021, with the Public Hearing portion remaining open to allow for additional
public testimony. Seconded by McLaughlin.
Planning & Zoning Administrator, Vaughan, informs the Commission that while visiting with Mr.
Yorgason that the statement made by Mr. Yorgason about having more time to review the Ordinance
was not intended to seek a delay and that there are changes in the Ordinance which will positively
affect the timelines of Planning& Zoning. The application was noticed in accordance with the state
code in the newspapers and on the city's website for those desiring consumption of the material.
Guerber withdraws his original motion and makes a substitute motion to recommend for
approval item ZOA-01-21 — Zoning Ordinance Amendment — City of Eagle with the specific
changes beyond what is provided in the original print that came to us on Section 8-1-2 on the
Rules and Definitions. In regard to streets,the addition of the words of common lot inclusive on
an easement. In Section 932-5 the correction of the number 6 to number 5 and in that section,
item 5,adjacent properties will not be landlocked by the site layout. Seconded by McLaughlin.
TWO AYES,TWO NAYS(SMITH& WRIGHT). Motion fails.
Chairman Wright calls for the Commission to vote on the previous motion,postponing the item
until September 20,2021 and leaving the public hearing open.
THREE AYES,ONE NAY(GUERBER)... MOTION CARRIES.
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7. REPORTS:
A. Commission: Smith informs the Commission that the clock on the Eagle Clocktower is now
running correctly after months of correspondence with the management company, TOK
Commercial. Smith informs the Commission that he will not be the September 20th meeting.
B. City Attorney:None
C. Staff: City Planner, Mike Williams, informs the Commission that in addition to the continuance
of tonight's Public Hearing, there will be four other Public Hearing items for the next meeting
on September 20,2021.
8. ADJOURNMENT:
Wright moves to adjourn.Seconded by Guerber.ALL AYES... MOTION CARRIES.
Hearing no further business,the Commission meeting adjourned at 9:05 P.M.
RESPECTFULLY SUBMITTED:
AMANDA NADEAU,
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
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 Planned Unit
Development: 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.
Continuation from July 19, 2021 Planning& Zoning Commission meeting.
September 7, 2021
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CITY OF EAGLE - PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
ZOA-01-21 —Zoning and Subdivision 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, 6, 7,adding a new chapter
12, and amending Title 9 "Land Subdivisions", Chapters 1, 2, 3, 4, 5, 6; providing a severability clause; and
providing an effective date.
September 7,2021
NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON
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September 7, 2021
Dear Planning and Zoning Commission,
I am writing with some concerns regarding the language in the
proposed zoning modifications as it affects our Quarry Village project.
Specifically the following found under 12-4 Standards:
3.The applicant shall construct a street,generally paralleling the state highway,to provide
future connectivity and access to all properties fronting the state highway that lie between
the applicant's property and the nearest section line road and/or half mile collector road.
The intent is to provide for future connectivity and access to all properties fronting the state
highway that lie between the applicant's property and the nearest section line road and/or
half mile collector road.The street shall be designed to collect and distribute traffic.
a. The applicant shall be responsible to construct the segment of the street within
the applicant's property. This standard is not intended to require off-site
improvements.
b.The street shall meet the road standards of the Ada County Highway District.
c.The street shall connect to the section line road at a distance that is no closer than
six hundred sixty(660)linear feet(as measured from centerline to centerline)from
the intersection with the state highway.
d.For the purposes of this article,such streets shall be termed"backage roads".
e. Private streets may be considered by the council as otherwise provided within
Eagle CiAy Code. Private streets shall be limited as maybe determined by the City
Council to areas where there is sufficient access to surrounding properties and a
public street is not desirable in that location.
We were unanimously approved in February for a zoning change with
a development agreement. Our proposed development will have
private streets that will be built and maintained by the residents and
tenants of Quarry Village. The Eagle city council and the Eagle city
attorney agreed with our attorney Ed Garacabedia from Copple and
Copple that our development does not impact the property to the
north and that we should not be required to provide him an easement
without compensation. He is not land locked, and has an access
point off of Horseshoe Bend Road. We have no idea the impact his
project may have on ours as he has not submitted a development
application as of this date. Any "Backage" road necessary for him to
access his parcel is the same as ours, it is Horseshoe Bend. We have
to bring a road down from Horseshoe Bend into our project, and we
feel he should do the same using the easement he already has.
Unless and until he is open to compensating us for an easement road
and participating in the costs, we would respectfully ask the
commission to consider re-phrasing the paragraph highlighted above
so that it is clear that we are under no obligation to provide an access
point to our neighbor, when he already has access and there is no
place to "go to" from his site that would limit public access to other
surface streets.
Another concern we have is the City's desire to severely limit new
access points to the highway. We have over 700 feet of frontage on
Highway 55. Since our entitlements were approved we have been
seriously negotiating with multi-family and retail developers. There is
an abundance of residential developers who love our project, but the
concern has been the viability of attracting the quality retail tenants
the citizens are clamoring for and what we are obligated under our
development agreement to build. We want Quarry Village to be a
world class destination spot that will attract consumers from not just
Eagle, but also from other surrounding areas. Retail developers have
indicated that without highway access they have concerns about
attracting the national Class A tenants that will be willing to pay the
lease rates that will be necessary what with building costs being
what they are today. In order to compete with sites like The Village in
Meridian we need easy access to our site. We would ask the
commission to consider the ramifications of restrictions that are too
tight that could push away high quality commercial tenants from
doing business in Eagle City. These market forces could be a drag
on future commercial business doing business in Eagle.
Respectfully yours,
Cindy Greco
Managing Member Quarry Village LLC