Minutes - 2022 - Planning & Zoning - 09/06/2022 - SpecialTHE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
September 6, 2022
Minutes
1. CALL TO ORDER: Meeting called to order at 6:03 p.m.
2. ROLL CALL: Present: WRIGHT, GUERBER, SMITH, MCCAULEY. Absent: MCLAUGHLIN.
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 AuEust 15, 2022. (MJR)
B. Findings of Fact and Conclusions of Law for the Approval of 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)
Smith moves to approve the consent agenda as presented. Seconded by Guerber. ALL
AYES... MOTION CARRIES.
UNFINISHED BUSINESS: NONE.
PUBLIC HEARINGS: ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTIONITEMS.
A. ZOA-03-22 — Title 11A Ordinance Amendment — City of Eagle: An ordinance of the City
Of Eagle, Ada County Idaho, amending Title IIA, Chapter 2, Section 3, "LAND USE
STANDARDS"; Chapter 2, Section 4, Paragraph A, "GENERAL SETBACK STANDARDS"
and Table 2.2 "SINGLE-FAMILY RESIDENTIAL DISTRICT DEVELOPMENT
STANDARDS"; Chapter 4, Section 4, Paragraph VV, "Shooting Ranges/Gun Clubs
(Indoor)";Chapter 8, Section 13, Paragraph D, "NOTICE REQUIREMENTS"; Chapter 13A,
Section 6, "RULES AND DEFINITIONS"; Chapter 13C, Section 2, "STREETS AND
ALLEYS"; Chapter 13C, Section 4, "EASEMENTS"; Chapter 13C, Section 6, "PUBLIC SITES
AND OPEN SPACES"; Chapter 13D, Section 1, Paragraph 1, Subsection 3, "CURBS AND
GUTTERS"; providing a severability clause; and providing an effective date. (DLM)
City Planner, Daniel Miller, provides an overview of the application.
Planner Miller responds to questions from the Commission.
City Planner, Mike Williams, responds to questions from the Commission.
Chairman Wright opens the public hearing.
Applicant addresses concerns raised during the public hearing and provides rebuttal.
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Chairman Wright closes the public hearing.
Discussion amongst the Commission.
Guerber moves to recommend approval of ZOA-03-22. Seconded by Smith.
Discussion amongst the Commission.
Guerber amends motion to include recommendations as provided by Commissioner Smith
(examine private roadways and alleyways and examine language related to government vs
privately owned shooting ranges). Second concurs. ALL AYES ... MOTION CARRIES.
B. PP-08-20/CU-01-22 — Preliminary Plat and Conditional Use Permit for Maile Meadows
Subdivision — 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. (DLM)
Thomas Maile and Colleen Maile, 85 West Rush Road, the applicants. Thomas and Colleen
provide an overview of the application.
Maile responds to questions from the Commission.
City Planner, Daniel Miller, provides an overview of the application.
Planner Miller responds to questions from the Commission.
Planner Williams responds to questions from the Commission.
Chairman Wright opens the public hearing.
Alex MacDonald, 991 West Rush Road. MacDonald supports the application, and expresses
concerns related to the streetlight, sidewalk, and PI system.
Becky MacDonald, 921 West Rush Road. MacDonald supports the application, and expresses
concerns related to the streetlight, sidewalk, and PI system.
Daniella and Thomas Maile V. Daniella and Thomas V support the application, and expresses
concerns related to the streetlight, sidewalk, and PI system.
Kenneth Heburt, 2396 West Buckhorn Court. Huburt supports the application, and expresses
concerns related to the sidewalk.
Thomas Maile addresses concerns raised during the public hearing and provides rebuttal.
Chairman Wright closes the public hearing.
Guerber moves to recommend approval of PP-08-20/CU-01-22 — Preliminary Plat and
Conditional Use Permit for Maile Meadows Subdivision — Thomas Maile with items 8, 11,
12, 13, 14, 15, 16, 17, not being required as part of the approval or recommendation
regarding item 14. The first portion would be applicable and the lower second portion
would be stricken. Seconded by McCauley.
Discussion amongst the Commission. McCauley suggests to add SSC#18: Include revised plat
note associated with the ownership and maintenance of an irrigation agreement as recommended
by city planning staff.
Guerber amends motion to include recommendation provided by Commissioner McCauley.
Second concurs. ALL AYES ... MOTION CARRIES.
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C. 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 (10-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)
Antonio Conti, 7661 West Riverside Drive, Garden City, ID. Conti provides an overview of the
application.
Conti 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.
Andrew Ventura, 2491 North Park Lane. Ventura neither supports nor opposes the application,
and expresses concerns related to water rights and potential lateral concerns.
Joe Chicini, 2645 North Park Lane. Chicini opposes the application and expresses concerns
related to lot size and proposed density.
Chicini responds to questions from the Commission.
Kenneth Hebert, 2396 West Buckhorn Court. Hebert opposes the application, and expresses
concerns related to the proposed density not conforming with surrounding densities.
Joe Kowalik, 4280 West Morgan Creek Court. Kowalik opposes the application, and expresses
concerns related to the proposed density not conforming with surrounding densities.
Heather Davis, 4154 West Morgan Creek Court. Davis opposes the application, and expresses
concerns related to the proposed density not conforming with surrounding densities, and water
rights.
Davis responds to questions from the Commission.
Tom Brengle. Brengle opposes the application, and expresses concerns related to keeping the
existing house, the widening of Beacon Light Road,
Antonio Conti addresses concerns raised during the public hearing and provides rebuttal.
Chairman Wright closes the public hearing.
Discussion amongst the Commission and staff.
McCauley moves to recommend approval 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 with site specific condition
#23 that reads as recommended by planning staff. That also includes provide a revised
preliminary plat and concept plan and at the end as recommend that it must be approved
prior to execution of the DA. Limit the # of lots to 8. Seconded by Guerber.
Planner Williams provides comment to the Commission regarding making a second motion for
the annexation application.
McCauley moves to rescind and retract original motion. ALL AYES ... MOTION
CARRIES.
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McCauley moves to recommend approval A-05-22/RZ-05-22 with the maximum density set
to 1.61 DUA and 8-single family lots. Seconded by Guerber.
Discussion amongst the Commission.
ALL AYES ... MOTION CARRIES.
Discussion amongst the Commission and planning staff.
McCauley moves to recommend approval CU-06-22/PPUD-03-22/PP-09-22 with the
additional requirement that they provide a revised preliminary plat combining lots 1 & 2
and lots 3 & 4, to be provided prior to the submittal of a Design Review Application. Add
SSC#23 as recommended by planning staff, that includes not only the preliminary plat but
the concept plan as recommended. That that is done prior to execution of the development
agreement.
Seconded by Guerber. ALL AYES ... MOTION CARRIES.
Meeting called to a ten-minute recess at 9:05pm.
Meeting called back into order at 9:15pm.
D. 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)
Walter Lindgren, 247 North Eagle Road, the applicant's representative. Lindgren provides an
overview of the application.
Lindgren 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.
John Adams, 154 Old Park Place. Adams opposes the application, and expresses concerns related
to massing and not conforming with the feel of downtown Eagle.
Linda Adams, 154 Old Park Place. Adams opposes the application, and expresses concerns
related to massing and not conforming with the feel of downtown Eagle.
Dale Willman, 12894 Horseshoe Bend Road, co-owner of the development. Willman supports the
application and provides comment.
CJ Cacioppo, 1574 South River Grove Way, owner of Rembrandts and the owner of the
development. Cacioppo supports the application.
Walter Lindgren addresses concerns raised during the public hearing and provides rebuttal.
Chairman Wright closes the public hearing.
Discussion amongst the Commission.
Guerber moves to recommend approval of CU-10-22. Seconded by Smith.
Discussion amongst the Commission.
Planner Williams provides a potential substitute motion to include the modified parcel division as
referenced by the applicant.
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Guerber moves to amend motion to include language as outlined by Planner Williams.
Second concurs. THREE AYES ... ONE NAY (MCCAULEY). MOTION CARRIES.
NEW BUSINESS:
A. ACTION ITEM: VAC-04-22 — Vacation to the final plat of Lilac Springs Subdivision No.2
— Aaron Ulrich: Aaron Ulrich, represented by Jeremy Martin with Pioneer Pool and Spa, Inc.,
is requesting to vacate 2-feet of the 12-foot rear yard public utilities, lot drainage, and Lilac
Springs Homeowners Association, Inc. pressurized irrigation facilities easement located within
Lot 11, Block 7, Lilac Springs Subdivision No. 2. The 13,895-square foot site is located south
side of West Venetian Drive approximately 185-feet northwest of the intersection of West Walton
Pond Drive and West Venetian Drive at 5853 West Venetian Drive. (MJW)
With the applicant absent: City Planner, Mike Williams, provides an overview of the application.
Planner Williams responds to questions from the Commission.
Discussion amongst the Commission.
Smith moves to approve VAC-04-22 as recommended by staff.
Seconded by Guerber. ALL AYES ... MOTION CARRIES.
REPORTS:
A. Commission: Commissioner Smith provides comment regarding sprinklers running for an
hour outside of City Hall and gives complaints regarding iLegislate.
B. City Attorney: Victor Villegas provides comment and background regarding an ACHD
decision referenced at the last meeting.
C. Staff: Planner Williams provides forecasting for the next Planning and Zoning Commission
meeting. Clerk provides comment regarding an iLegislate training product being produced by the
Clerk's office.
ADJOURNMENT:
Smith moves to adjourn. Seconded by Wright. ALL AYES... MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 10:52 p.m.
RESPECTFULLY SUBMITTED:
MATTHEW J. R=I�G
CLERK OF THE
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-05-22/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 (10-
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)
September 6, 2022
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CITY OF EAGLE - PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
PP-08-20/CU-01-22 — Preliminary Plat and Conditional Use Permit for Maile Meadows Subdivision —
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. (DLM)
September 6, 2022
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PUBLIC HEARING SIGN -IN SHEET
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)
September 6, 2022
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ZOA-03-22 — Title I IA Ordinance Amendment — City of Eagle: An ordinance of the City Of Eagle, Ada
County Idaho, amending Title I IA, Chapter 2, Section 3, "LAND USE STANDARDS"; Chapter 2, Section 4,
Paragraph A, "GENERAL SETBACK STANDARDS" and Table 2.2 "SINGLE-FAMILY RESIDENTIAL
DISTRICT DEVELOPMENT STANDARDS"; Chapter 4, Section 4, Paragraph VV, "Shooting Ranges/Gun
Clubs (Indoor)"; Chapter 8, Section 13, Paragraph D, "NOTICE REQUIREMENTS"; Chapter 13A, Section 6,
"RULES AND DEFINITIONS"; Chapter 13C, Section 2, "STREETS AND ALLEYS"; Chapter 13C, Section
4, "EASEMENTS"; Chapter 13C, Section 6, "PUBLIC SITES AND OPEN SPACES"; Chapter 13D, Section
1, Paragraph 1, Subsection 3, "CURBS AND GUTTERS"; providing a severability clause; and providing an
effective date. (DLM)
September 6, 2022
NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON
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