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Minutes - 2022 - Planning & Zoning - 09/19/2022 - RegularTHE CITY OF EAGLE PLANNING AND ZONING COMMISSION September 19, 2022 Minutes 1. CALL TO ORDER: Meeting called to order at 6:01 p.m. 2. ROLL CALL: Present: WRIGHT, GUERBER, MCLAUGHLIN, SMITH, MCCAULEY. Absent: None.. A quorum is present. 3. 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 September 6, 2022 . (MJR) B. Findings of Fact and Conclusion of Law for the Approval of PP-08-20/CU-01-22 — Preliminary Plat for Maile Meadows Subdivision and Conditional Use Permit for a Streetlight and Sidewalk Waiver — Thomas Maile: Thomas and Colleen Maile are requesting preliminary plat approval for Maile Meadows Subdivision, a 2-lot residential subdivision (re -subdivision of a portion of Lot 11, Academy Place Subdivision). The 5.21-acre site is located on the south side of the terminus of West Rush Road at 885 West Rush Road. The applicant is requesting a waiver of the code section that requires a public sidewalk along Rush Road adjacent to the site through the submitted conditional use permit application. (DLM) C. Findings of Fact and Conclusions of Law for the Approval of A-05-22/RZ-05-22/CU-06- 22/PPUD-03-22/PP-09-22 — Annexation, Rezone, Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat for Willowbrush Subdivision — Jon Hastings: Jon Hastings, represented by Antonio Conti, P.E. with Ackerman-Estvold, is requesting an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to R-2-DA-P (Residential with a development agreement — PUD) and preliminary plat approvals for Willowbrush Subdivision, a 13- lot (I 0-buildable, 3-common) residential planned unit development. The 5.97-acre site is located at the southwest corner of North Park Lane and West Beacon Light Road at 2795 North Park Lane. (MJW) D. Findings of Fact and Conclusions of Law for the Approval of CU-10-22 — Building Height Exception — North 45 Investments, LLC: North 45 Investments, LLC, represented by Walter Lindgren with Lindgren:LaBrie Architecture, is requesting conditional use permit approval for a building height exception to 54-feet, 6-inches. The request is in association with a proposed four (4) story mixed use building. The .96-acre site is located on the east side of South Olde Park Place between West State Street and West Aikens Road at 45 and 75 West State Street and 64 and 96 South Olde Park Place. (MJW) Matthew Rumsey, Administrative Clerk II, requests that item 3A be removed from the consent agenda for discussion. Guerber moves to remove item 3A from the consent agenda for discussion. Seconded by McCauley. ALL AYES... MOTION CARRIES. Administrative Clerk II Rumsey requests a correction to item 3A, to include Commissioner McCauley as "present" within the item. Page 1 of 6 K:\P&Z\MINUTES\2022\PZ-09-19-22min (current).doc Guerber moves to approve item 3A with the inclusion of Commissioner McCauley as present in the roll call of the minutes. Seconded by Smith. ALL AYES ... MOTION CARRIES. Guerber moves to approve items 3B, 3C, and 3D on the consent agenda as presented. Seconded by McLaughlin. ALL AYES ... MOTION CARRIES. 4. UNFINISHED BUSINESS: NONE. PUBLIC HEARINGS: ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTIONITEMS, A. PP-17-21— Spring Valley Subdivision Phase 1 (Spring Valley Large Lot Plat) GWC Capital, LLC: - GWC Capital, LLC, represented by Brook Cole, is requesting preliminary plat approval for Spring Valley Subdivision No. 1, a 53-lot (25 designated for future re -subdivision, 21-common, 7-future roadways) subdivision. The 996.84-acre site is generally located 3/4ths of a mile northeast of the intersection of State Highway 16 at Equest Lane (approximately 1 mile north of Beacon Light Road and Linder Road intersection). (MJW) Brook Cole, 730 N 1500 W, Orem, UT, the applicant's representative. Cole provides an overview of the application. Cole responds to questions from the Commission. City Planner, Mike Williams, provides an overview of the application. Planner Williams responds to questions from the Commission. City Planner, Daniel Miller, responds to questions from the Commission. Chairman Wright opens the public hearing. Cheryl Bloom, 2153 North Hollybrook Place. Bloom supports/opposes the application, and expresses concerns related to water and traffic. Ryan Shea seconds Mrs. Bloom's comments. Diane Fry, 5555 West Homer Road. Fry supports/opposes the application, and expresses concerns related to the expansion and extension of Linder Road, and future shooting within the Bureau of Land Management (BLM) owned land. Fry responds to questions from the Commission. Theresa Johnson, 19921 Upper Pleasant Ridge Road, Caldwell, ID. Johnson neither supports nor opposes the application, and expresses concerns related to two remotely located access points for the subdivision. Johnson responds to questions from the Commission. John Seal, 2906 North Haven Drive. Seal supports/opposes the application, and expresses concerns related to water rights and the extension of Linder Road. Justin Pfeffer, 5150 North Soaring Lane. Pfeffer supports/opposes the application and expresses concerns related to water availability, traffic, and roadway access points. Pfeffer responds to questions from the Commission. Courtney Nielson, 3455 North Saddleman Place. Nielson supports/opposes the application, and expresses concerns related to the water usage and water availability. Tom Brengle, 2475 North Sun Valley Place. Brengle supports/opposes the application, and expresses concerns related to traffic and roadway expansion. Brengle responds to questions from the Commission. Page 2 of 6 K:\P&Z\MINUTES\2022\PZ-09-19-22min (current).doc Kathy Benese, 3675 North Saddleman Place. Benese supports/opposes the application, and expresses concerns related to water usage and water availability. Karen Hack, 565 Los Luceros Drive. Hack supports/opposes the application, and expresses concerns related to traffic and an outdated traffic study. Meeting adjourned indefinitely at 7:32 p.m. for a public disruption. Meeting called back into order at 8:00 p.m. Chris Ludway 11200 West Hercules Drive, Star, Idaho. Ludway supports/opposes the application, and expresses concerns related to the extension of Linder Road. Dan Hansen, 4310 West Braveheart Street. Hansen supports/opposes the application, and expresses concerns related to traffic and the widening of Linder Road. Hansen responds to questions from the Commission. Diane Fry, 5555 West Homer Road. Fry provides additional comment regarding the Linder Road expansion. Kenneth Hebert, 2396 West Buckhorn Court. Hubert supports/opposes the application, and expresses concerns related to the expansion of Linder Road. Hubert responds to questions from the Commission. Brook Cole and Deloss Hammon, the applicant's representative and engineer, address concerns raised during the public hearing and provides rebuttal. Chairman Wright closes the public hearing. Discussion amongst the Commission. Planner Williams provides comment regarding the fire district and fire district responses. Smith moves to recommend approval of PP-17-21 — Spring Valley Subdivision Phase 1 (Spring Valley Large Lot Plat) GWC Capital, LLC. Seconded by Guerber. Planner Williams provides comment regarding approval motion. Smith moves to withdraw original motion. ALL AYES... MOTION CARRIES. Smith moves to recommend approval of PP-17-21 — Spring Valley Subdivision Phase 1 (Spring Valley Large Lot Plat) GWC Capital, LLC with all recommended site -specific conditions as listed by staff. Seconded by Guerber. ALL AYES ... MOTION CARRIES. Meeting adjourned for five minutes at 9:20pm. Meeting called back into order at 9:25pm. B. ICU-12-22 — Conditional Use Permit for a Height Exception and Public Service Facility — Veolia Water Idaho Inc.: Veolia Water Idaho Inc., represented by J-U-B Engineers, is requesting conditional use permit approval for a height exception to construct a forty foot (40') tall water metering pole (aka public service facility) with an eight foot (8') antenna, totaling 48 feet. The 0.18-acre site is located on the east side of North Eagle Road approximately I/2 mile north of State Street at 600 North Eagle Road. (MNB) Rand Thurgood, 2760 West Excursion Lane, Meridian ID, the applicant's representative. Thurgood provides an overview of the application. Thurgood responds to questions from the Commission. Robert Barrett, Veolia Water Idaho, the applicant. Barrett responds to questions from the Commission. Page 3 of 6 K:\P&Z\MINUTES\2022\PZ-09-19-22min (cwent).doc City Planner, Morgan Bessaw, provides an overview of the application. Planner Bessaw responds to questions from the Commission. Chairman Wright opens the public hearing. Rand Thurgood addresses concerns raised during the public hearing and provides rebuttal Chairman Wright closes the public hearing. McCauley moves to recommend approval of CU-12-22 — Conditional Use Permit for a Height Exception and Public Service Facility — Veolia Water Idaho Inc. with recommended site -specific conditions of approval. Seconded by McLaughlin. ALL AYES... MOTION CARRIES. C. CPA-01-22 — Comprehensive Plan Land Use Map Amendment — Cedar Creek Wealth: Cedar Creek Wealth, represented by Nicolette Womack of Kimley Horn, is requesting a comprehensive plan amendment to change the land use map designation from Neighborhood Residential to Mixed Use. The 22.73-acre site is located on the northwest corner of the intersection of East Beacon Light Road and State Highway 55. (MNB) Nicolette Womack, 1100 West Idaho Street Suite 210, Boise, ID, the applicant's representative. Womack provides an overview of the application. Womack responds to questions from the Commission. Michael Reilly, 11962 West Musket Drive, the applicant's engineer. Reilly responds to questions from the Commission. City Planner, Morgan Bessaw, provides an overview of the application. Planner Bessaw responds to questions from the Commission. Chairman Wright opens the public hearing. Greg Ramp, 2533 East Boomer Lane. Ramp opposes the application, and expresses concerns related to newly constructed right of ways in proximity to his lot. Ariel Petushkov, 2289 East Deerhorn Court. Petushkov opposes the application, and expresses concerns related to the proposed use not conforming to the surrounding uses of the proposed site. Gary Davis, 2452 East Beacon Light Road. Davis opposes the application, and expresses concerns related to the proposed alignment of Brookside Lane, and the proposed use not conforming to the surrounding uses. Sean Miller, 2588 East Boomer Lane. Miller opposes the application, and expresses concerns related to traffic flow increasing on Brookside Lane. Karen Hack, 565 Los Luceros Drive. Hack supports/opposes the application, and expresses concerns related to traffic flows increasing on Brookside Lane. Chuck Ballweg, 3000 East Quail Creek Lane. Ballweg opposes the application, and expresses concerns related to the proposed use and proposed locations of traffic lights. Travis Breckenridge, 5005 North Brookside Lane. Breckenridge opposes the application, and expresses concerns related to the proposed traffic plan and proposed use not conforming to the surrounding uses. Breckenridge responds to questions from the Commission. Megan Bennett, 3227 East Quail Creek Lane. Bennett opposes the application, and expresses concerns related to the proposed traffic plan. Page 4 of 6 K:\PSZ\MINUTES\2022\PZ-09-19-22min (current).doc Ken Berkamp, 3405 North Brookside Lane. Berkamp supports/opposes the application, and expresses concerns related to proposed use not conforming to the surrounding uses. Ed Sloan, 4243 North Brookside Lane. Sloan opposes the application, and expresses concerns related to the proposed traffic plan and proposed use not conforming to the surrounding uses. Lance Wissenbacher, 2427 East Beacon Light Road. Wissenbacher opposes the application, and expresses concerns related to the proposed use increasing traffic on Brookside Lane. Kathy Penesi, 3675 North Saddleman Place. Penesi opposes the application, and expresses concerns related to proposed use not conforming to the surrounding uses. Garrett Foshay, 13327 North Horseshoe Bend Road. Foshay opposes the application, and expresses concerns related to proposed use not conforming to the surrounding uses, and the change to the comprehensive plan detracting from the rural character of Eagle. Kenneth Hebert, 2396 West Buckhorn Court. Hebert opposes the application, and expresses concerns related to transitioning uses in the area. Michael Reilly, 11962 West Musket Drive, Boise, ID, the applicant's engineer. Reilly addresses concerns raised during the public hearing and provides rebuttal. Planner Bessaw responds to questions from the Commission. Chairman Wright closes the public hearing. Discussion amongst the Commission. McLaughlin moves to recommend denial of CPA-01-22 — Comprehensive Plan Land Use Map Amendment — Cedar Creek Wealth due to the lack of compelling reason to allow a comprehensive plan land use map amendment to mixed use at this time. Seconded by Smith. Discussion amongst the Commission and staff. McLaughlin amends motion to recommend denial of CPA-01-22 — Comprehensive Plan Land Use Map Amendment — Cedar Creek Wealth due to the following reasons: the lack of public benefit that would occur from such a change in the plan, a detailed list of applicable comprehensive plan goals and policies I do not believe was met, and the amendment would negatively impact more than just what the applicant is submitting for. Items, D, F, and I. Seconded by Smith. McCauley requests to add Amendment Process item E to the motion and state it as a reason for denial. McLaughlin amends motion to also include condition E, as stated by Commissioner McCauley. Second concurs. ALL AYES... MOTION CARRIES. 6. NEW BUSINESS: None. 7. REPORTS: A. Commission: Smith inquires into City Hall's irrigation trouble. McCauley requests that the commission leave the timer on until public speakers have taken their seats. Guerber provides comment regarding safety of public meetings. McLaughlin provides comment requesting paper vicinity maps. Guerber requests notepads on the dais. B. City Attorney: None. C. Staff. Planner Williams provides comment regarding the next Planning and Zoning Commission meeting. ADJOURNMENT: Page 5 of 6 K:\P&Z\MINUTES\2022\PZ-09-19-22min (current).doc Smith moves to adjourn. Seconded by Wright. ALL AYES... MOTION CARRIES. Hearing no further business, the Commission meeting adjourned at 12:05 a.m. RESPECTFULLY SUBMITTED: JEIZ�� MATTHEW J. RU , CLERK OF THE MKtJANG APPROVED: TRENT WRIGHT,%-' CHAIRMAN AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W. CITYOFEAGLE.ORG. Page 6 of 6 K:\P&Z\MINUTES\2022\PZ-09-19-22min (current).doc CITY OF EAGLE — PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET PP-17-21 — Spring Valley Subdivision Phase 1 (Spring Valley Large Lot Plat) GWC Capital, LLC: GWC Capital, LLC, represented by Brook Cole, is requesting preliminary plat approval for Spring Valley Subdivision No. 1, a 53-lot (25 designated for future re -subdivision, 21-common, 7-future roadways) subdivision. The 996.84-acre site is generally located 3/4ths of a mile northeast of the intersection of State Highway 16 at Equest Lane (approximately 1 mile north of Beacon Light Road and Linder Road intersection). (MJW) September 19, 2022 NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON , Gil+7 C-Ff`LS 1^jam✓ 4' eW (+' ' Lo J )P, Nutt br kpL 4, �,4 6; &iQ_ 60 A/ 9.., . ........ /n �� . Cc'Y+-'LZi Ian•-t _ llumeV �R_lAW r JS��Z 9 �Z`+�(�� /Lr, i Cu ScvicV�ER `lSz% N ►ND� � � CQPJ a! � 1� ►�k i� 2t7ll�Y aw CITY OF EAGLE - PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET CU-12-22 — Conditional Use Permit for a Height Exception and Public Service Facility — Veolia Water Idaho Inc.: Veolia Water Idaho Inc., represented by J-U-B Engineers, is requesting conditional use permit approval for a height exception to construct a forty foot (40') tall water metering pole (aka public service facility) with an eight foot (8') antenna, totaling 48 feet. The 0.18-acre site is located on the east side of North Eagle Road approximately '/z mile north of State Street at 600 North Eagle Road. (MNB) September 19, 2022 NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON Z l (Ulf LJ)CC 1i;�1cr/� T D 6M �:�(LV�vI,-�-�CicC;,�•:� -7(-,�' �--� 5 �-,.L� �v�v'� � '� Lv�c°l.C'-��h co f\j VU.I Cr'\C' (U IVIC�,v' t- j 12 `� L� l(jvh�. t� i2oi I CCU .......... AS City of Eagle 660 E Civic Lane Eagle, Idaho 83616 RE: Public Hearing application submitted by Cedar Creek Wealth, for property at the intersection of HY 55, Brookside Lane and Beacon Light Road, requesting a City of Eagle, COMPREHENSIVE PLAN LAND USE MAP AMENDMENT To: Planning and Zoning Commission From: Edward and Susan Sloan 4243 N Brookside Lane, Garden City, ID, 83714 OPPOSITION We are writing this letter to express our opposition to the COMPREHENSIVE PLAN LAND USE MAP AMENDMENT that Cedar Creek Wealth has proposed to allow construction of a Industrial Mini Storage Facility across North Brookside Lane. We have lived in Eagle for almost 40 years and on Brookside Lane for 20 years where we constructed our home. Our Home sits on the hillside and faces directly toward the proposed Industrial Mini Storage facility site. NEGATIVE CHANGES We believe that this change in the COMPREHENSIVE PLAN LAND USE MAP AMENDMENT to allow the construction of this Industrial project is not in accordance with the Brookside Planning Area guidelines, including the Brookside Land Use requirements and the desires of the Brookside Community residents. How would you like to have your neighborhood go from a rural neighborhood to having an industrial Project built right across the main entrance to our quiet neighborhood. Every time we drive down Brookside we would have to essentially drive right through an industrial project, competing for roadway space with customers just wanting to store their excess junk cars, RV's, Boats, and other stuff in our front yard. BROOKSIDE SHEEP TRAILING Brookside lane has been the site of the Brookside sheep trailing (2,000+ sheep spring and fall) for over 100 years where sheep are trailed from the foothills to Emmett and I am not sure that in accordance with the Idaho Rangeland Rules, that a Sheep Trail can be just turned into an industrial site and the sheep blocked from their historical trail. TRAFFIC There is a huge traffic challenge at the dangerous Hwy 55 and Beacon Light Road (BLR) intersection and there have been several serious accidents in the intersection in the last year. This is because of the limited sight distance due to the curve and the transition from 4 to 2 lanes combined with the insection. ITD needs to expand 55 to 4 lanes from BLR to at least the Shadow Valley Golf Course, provide a concrete delimited island at the Brookside turn lane, widen 55 to provide a turn lane onto BLR from the north and a merge lane on to 55 from BLR to the south. These changes which. would make the intersection much safer and should be a completed prior to any project being completed. Also BLR needs to be widened to 3 lanes for the 1320' that ACHD requires to any intersection. The ELEMENT BUILDING COMPANY of Las Vegas is in the process of developing a new, large subdivision off Brookside that will add more traffic to our little street. The 90-degree corner in front of our house on Brookside has been the location of at least 2 accidents, and our neighbors chain link fence is torn down now where a car missed the corner and plowed into it. 16" WATER LINE Why is a 16" water line being extended to Brookside Lane? WE have no need for this water line on Brookside and installing it is an invitation to propose additional large projects that are not in alignment to the residential nature of our neighborhood where we are all on our own wells. BROOKSIDE PLANNING AREA "The Brookside Planning Area is designated for mixed -use combining residential, office, and limited retail" Above is the Eagle City guidance for our area with a buffer zone required between the residential areas and commercial facilities. This proposal does not include any buffer zones and would directly and negatively impact all residents of the Brookside area! CITY OF EAGLE — PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET CPA-01-22 — Comprehensive Plan Land Use Man Amendment — Cedar Creek Wealth: Cedar Creek Wealth, represented by Nicolette Womack of Kimley Horn, is requesting a comprehensive plan amendment to change the land use map designation from Neighborhood Residential to Mixed Use. The 22.73-acre site is located on the northwest corner of the intersection of East Beacon Light Road and State Highway 55. (MNB) September 19, 2022 NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON - ►y �/r-� {��P /UCCD u to Rd 1 J / 9 D�L�- Y �� ; 0 // `(( G fir✓ �� 53� � l� �� - �y� i ( 1 a 177v _ 1 z c1 5 3 all- A. r . ifOoc3 AP 61'_e3e5Jj- l 5 0