Minutes - 2022 - Planning & Zoning - 08/15/2022 - RegularTHE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
August 15, 2022
Minutes
1. CALL TO ORDER: Meeting called to order at 6:00 p.m.
2. ROLL CALL: Present: WRIGHT, GUERBER, MCLAUGHLIN, SMITH, MCCAULEY. Absent:
A quorum is present.
CONSENT AGENDA: ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS.
♦ 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 1, 2022. (MJR)
B. Findings of Fact and Conclusions of Law for the Approval of CU-11-22 — Change of
Nonconforming Use — Dan Frison: Dan Frison, represented by Craig Kulchak, is requesting
conditional use pen -nit approval for a change of nonconforming use to allow an addition to the
existing accessory structure (located within the required side yard setback). The .65-acre site is
located on the east side of East Stadler Court approximately 1,000-feet south of the intersection
of North Edgewood Lane and East Stadler Court at 1726 East Stadler Court. (MJW)
McLaughlin moves to approve the consent agenda as presented. Seconded by Guerber.
ALL AYES... MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE.
PUBLIC HEARINGS: ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS.
A. ACTION ITEM. A-04-22/RZ-04-22/CU-04-22/PPUD-02-22/PP-08-22 — Annexation and
Rezone from RUT (Rural -Urban Transition - Ada County Designation) to R-1-DA-P
(Residential with a development agreement - PUD) and R-3-DA-P (Residential with a
development agreement - PUD), Preliminary Development Plan, Preliminary Plat, and
Conditional Use Permit for Carp Ranch Subdivision — Gemshore Eagle RE, LLC•
Gemshore Eagle RE, LLC, represented by Stephanie Hopkins and/or Kevin McCarthy, P.E., with
KM Engineering, LLP, is requesting an annexation, rezone from RUT (Rural -Urban Transition —
Ada County designation) to R-1-DA-P (Residential with a development agreement — PUD) and
R-3-DA-P (Residential with a development agreement — PUD), conditional use permit,
preliminary development plan, and preliminary plat approvals for Carp Ranch Subdivision, a 77-
lot (70-buildable, 7-common) residential planned unit development. The 36.18-acre site is located
on the south side of West Floating Feather Road approximately 500-feet west of the intersection
of North Cove Colony Way and West Floating Feather Road. (MJW)
Stephanie Hopkins, 5725 North Discovery Way, Boise, ID 83713, the applicant's representative.
Hopkins provides an overview of the application.
Hopkins responds to questions from the Commission.
City Planner, Michael Williams, provides an overview of the application.
Planner Williams responds to questions from the Commission.
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City Attorney, Victor Villegas, provides comment regarding roadway structure.
Chairman Wright opens the public hearing.
Craig Karnes, 3709 West Floating Feather Road. Karnes opposes the application, and expresses
concerns related to proposed density conforming to surrounding densities.
Karnes responds to questions from the Commission.
Michelle Bryan, 3423 West Barefoot Street. Bryan opposes the application, and expresses
concerns related to traffic and the new proposed collector road.
Tom O'Donnell, 3527 West Barefoot Street. O'Donnell neither supports nor opposes the
application the application, and expresses concerns related to traffic and proposed.
O'Donnell responds to questions from the Commission.
Scott Kline, 3188 West Wind Court. Kline neither supports nor opposes the application, and
expresses concerns related to ACHD traffic studies and traffic.
Gary Brandecker, 917 North Cove Colony Way. Brandecker neither supports nor opposes the
application the application, and expresses concerns related to proposed density conforming to
surrounding densities.
Jim Magnich, 515 North Cove Colony Way. Magnich opposes the application, and expresses
concerns related to density and preserving exiting habitat and trees.
Magnich responds to questions from the Commission.
Elizabeth Smith, 1151 North Creekwater Avenue. Smith opposes the application, and expresses
concerns related to lack of larger lots.
Smith responds to questions from the Commission.
Andrea McCarroll, 3457 West Barefoot Street. McCarroll neither supports nor opposes the
application, and expresses concerns related to traffic and access.
McCarroll responds to questions from the Commission.
Carol Richens, 3517 West Wind Street. Richens opposes the application, and expresses concerns
related to density, ingress, and egress connectivity.
Mike Parks, 3559 West Barefoot Street. Parks. Parks neither supports nor opposes the
application, and expresses concerns related to access and traffic load increases.
Valerie Kline, 3188 West Wind Court. Kline neither supports nor opposes the application, and
expresses concerns related to access and traffic load increases.
Jason Stone, 1049 West Creekwater Avenue. Stone neither supports nor opposes the application,
and expresses concerns related to proposed density conforming to surrounding densities.
Steve Wagner, 3167 West Wind Court. Wagner neither supports nor opposes the application, and
provides comment related to proposed pathways.
Stephanie Hopkins & Kevin McCarthy address concerns raised during the public hearing and
provides rebuttal.
Hopkins responds to questions from the Commission.
Chairman Wright closes the public hearing.
Discussion amongst the Commission.
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MOTION: Smith moves to remand and renotice A-04-22/RZ-04-22/CU-04-22/PPUD-02-
22/PP-08-22 — Annexation and Rezone from RUT (Rural -Urban Transition - Ada County
Designation) to R-1-DA-P (Residential with a development agreement - PUD) and R-3-DA-
P (Residential with a development agreement - PUD), Preliminary Development Plan
Preliminary Plat, and Conditional Use Permit for Carp Ranch Subdivision — Gemshore
Eagle RE, LLC, as recommended by planning staff. Seconded by Guerber.
Discussion amongst the Commission. Planner Williams outlines direction for the applicant in the
event the application is remanded to staff.
Smith amends motion to include remarks as presented by Planner Williams. Second
concurs.
Discussion amongst the Commission.
FOUR AYES, ONE NAY (McCauley). MOTION CARRIES.
Meeting called into recess at 8:50pm.
Meeting called back into order 9:00pm.
B. ACTIONITEM.• RZ-08-22/CU-08-22/PPUD-05-22/PP-13-22 — Rezone from A (Agricultural)
to R-3-DA-P (Residential with a development agreement - PUD), Conditional Use Permit
Preliminary Development Plan, and Preliminary Plat for Benari Estates Subdivision —
Eagle 1, LLC: Eagle 1 LLC, represented by Laren Bailey, is requesting a rezone from A
(Agricultural) to R-3-DA-P (Residential with a development agreement — PUD), conditional use
permit, preliminary development plan, and preliminary plat approvals for Benari Estates
Subdivision, an 88-lot (77-buildable, 11-common) residential planned unit development. The
35.29-acre site is located at the northeast corner of West State Street and North Ballantyne Lane
at 1770 West State Street. (MJW).
Dave Yorgason, 14254 West Battenburg Drive, the applicant's representative. Yorgason provides
an overview of the application.
Yorgason responds to questions from the Commission.
City Planner, Mike Williams, provides an overview of the application.
Planner Williams responds to questions from the Commission.
Chairman Wright opens the public hearing.
Carl Vogt, 1432 West Deadwood Court. Vogt neither supports nor opposes the application, and
expresses concerns related to traffic and proposed lot alignments with neighboring subdivisions.
Jan Weed, 1378 West Yellowstone Court. Weed neither supports nor opposes the application, and
expresses concerns related to traffic calming.
Jean Nessie, 1352 West Yellowstone Court. Nessie neither supports nor opposes the application,
and expresses concerns related to traffic calming.
Kay Mathie, 1615 West Hereford Drive. Mathie expresses concerns related to the required stub
street on the northern side of the development.
Laura Johnson, 1691 West Hereford Drive. Johnson neither supports nor opposes the application,
and expresses concerns related to the required stub street on the northern side of the development
and continuous fencing between the proposed development and Baker's Acres Subdivision.
Greg Dye, 1534 West Yellowstone Court. Dye supports/opposes the application, and expresses
concerns related to ensuring single story homes are behind single -story homes.
Dale Bolthouse, 1588 West Deadwood Street. Bolthouse supports/opposes the application, and
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expresses concerns related to traffic calming, and phasing of the development.
Bolthouse responds to questions from the Commission.
Marilou Terpenning, 1852 West Hereford Drive (WebEx). Terpenning opposes the application,
and expresses concerns related to traffic and ACHD's staff report.
Rebecca Fitzpatrick, 1517 West Powder Court. Fitzpatrick supports/opposes the application, and
expresses concerns related to an access point located on Ballantyne Road.
Andrew Knight 1492 West Powder Court. Knight supports the application, and expresses
concerns related to matching single level homes to single level homes.
Knight responds to questions from the Commission.
Ken Lanz, 1510 West Deadwood Street. Lanz supports/opposes the application, and expresses
concerns related to the required stub street on the northern side of the development.
Dave Yorgason addresses concerns raised during the public hearing and provides rebuttal.
Yorgason responds to questions from the Commission.
Chairman Wright closes the public hearing.
Discussion amongst the Commission.
MOTION: McCauley moves to recommend approval of RZ-08-22/CU-08-22/PPUD-05-
22/PP-13-22 — Rezone from A (A2ricultural) to R-3-DA-P (Residential with a development
a2reement - PUD), Conditional Use Permit Preliminary Development Plan, and
Preliminary Plat for Benari Estates Subdivision — Ea2le 1, LLC with the staff
recommendations for rezone and staff recommendations of conditional use, preliminary
development plan with the exception of 3AB: strike the word vinyl, go from 40% to 50% in
the lot coverage plan. Add traffic calming devices. Fencing across the top of the stub road.
Guerber seconds.
Planner Williams provides comment requesting additional site -specific conditions. Add fencing
conditions as part of Site -Specific Condition #18.
McCauley amends motion to include the changes as outlined by Planner Williams. Second
concurs. ALL AYES ... MOTION CARRIES.
6. NEW BUSINESS: None.
7. REPORTS:
A. Commission: Smith asks counsel a question regarding if an ACHD representative might be
able to attend P&Z Commission meetings. Smith makes comment on iLegislate.
B. City Attorney: None.
C. Staff. Planner Williams forecasts the next Planning and Zoning Commission. Clerk provides
comment regarding iLegislate training.
8. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Wright. ALL AYES... MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 10:53 p.m.
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RESPECTFULLY SUBMITTED:
MATTHEW J. RU Str
CLERKOF THE ME G
APPROVED:
TRENT WRIGHT,
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W.CITYOFEAGLE.ORG.
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