Minutes - 2004 - Planning & Zoning - 05/17/2004 - Regular
OR'GiNAl
EAGLE PLANNING AND ZONING COMMISSION
May 17,2004
6:30 PM
The Planning and Zoning Commission met in regular session on May 17, 2004 Chairman
Bandy presiding. .
1.
CALL TO ORDER:
2.
ROLL CALL: The following members were present LIEN, BANDY, DECKERS,
GLA V ACH. Absent; Crook. A quorum is present.
3.
CONSENT AGENDA:
A. Minutes of April 19, 2004
B. Findinf!s of Fact and Conclusions of Law for CU-2-04 - Mobile Office with
drive-uo service - Home Federal: Home Federal, represented by Insight
Architects, is requesting conditional use approval to place a mobile office (pre-
manufactured bank facility) on-site with one drive-up service lane. The .63-acre
site is generally located on the northeast comer of Eagle Road and East Riverside
Drive in the Eagle River Commercial Development.
Deckers clarifies the minutes of April 19, 2004
Lien moves to approve the Consent Agenda as amended. Seconded by Glavach. ALL
A YE...MOTION CARRIES.
4. OLD BUSINESS:
5.
PUBLIC HEARINGS:
A. CPA-I-O3/RZ-7-03 - Comprehensive Plan Amendment from Residential Four
to Central Business District and Rezone from R-4 to CBD-DA - G. Gref!orv
Hall: G. Gregory Hall, represented by Land Consultants, Inc., is requesting a
Comprehensive Plan Amendment to change the land use designation on the
Comprehensive Plan Land Use Map from Residential Four (up to four dwelling
units per acre) to Central Business District, and a rezone from R-4 (Residential -
up to four dwelling units per acre) to CBD-DA (Central Business District with
Development Agreement). The site is located on the west side of North Eagle
Road, approximately 8oo-feet north of West State Street, at 223 North Eagle Road.
(This item was continued from the April 4, 2004 Meeting)
Bandy introduces the item.
Mark Butler, 52 N 2nd St. Eagle, representing the applicant begins his presentation by
addressing the timeframe for this application only. Mr. Butler would like to approve the rezone
at this time. Discusses the cross access easement, and hands this agreement out to the
Commissioners.
Jeff Lowe, City Staff presents the staff report. Mr. Lowe addresses the two concerns that the
Commissioners had previously, the cross access and the neighbors concerns regarding the
allowed uses.
John McFadden, City Attorney explains the cross access between the two parcels.
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Discussion.
Bill Vaughan, Zoning Administrator stands to discuss separating the zoning application from
the comprehensive plan application and why the City recommends keeping these together.
Bandy opens the public hearing.
Mark Butler provides a rebuttal.
Dave Buich, 3497 Holt Drive, Mr. Buich the applicant, stands to address the neighbors rights
and his rights regarding the cross access and the uses that he does not see fit. As far as the
timing issue, they submitted their application in October and wonders how long the City can
hold up his application before approving it.
Deckers would like staff to look at the cross access agreement and comment on this.
Glavach asks if access is granted to the property to the south does this make this parking lot
public? City Attorney explains that the intent of an agreement is to allow access across the
adjoining property.
Bandy would like to continue this application.
The public hearing shaD remain open.
Deckers moves to continue CPA -1-03/RZ- 7 -03 - Comprehensive Plan Amendment from
Residential Four to Central Business District and Rezone from R-4 to CBD-DA - G.
Gregory HaD to a special Planning & Zoning Meeting to be held on July 12,2004. Staff
will look at potentials of a city initiated comprehensive plan for other properties in the
area and also staff consider the cross access agreements or the appropriate uses for the
other properties. Seconded by Glavach. ALL A YE...MOTION CARRIES.
B. CPA-2-03 - Comprehensive Plan Amendment from Residential One to
Commercial - Rick & Nita Musick: Rick & Nita Musick, represented by Land
Consultants, Inc., is requesting a Comprehensive Plan Amendment to change the
land use designation on the Comprehensive Plan Land Use Map from Residential
One (up to one dwelling unit per acre) to Commercial. The site is located on the
south side of West State Street approximately 4OO-feet east of Linder Road, at
4526 West Old Valley Road. (This item was continued from the April 4, 2004
Meeting)
Bandy introduces the item
Mark Butler 52 N. 2nd St presents the application.
Jeff Lowe, City Staff stands to address the access onto State Highway 44, and that no access
should be allowed. Mr. Lowe states that some type of concept plan would help facilitate the
planning for this area and the surrounding areas to the west.
Mike Hill, 4648 W. Old Valley Rd, stands to state that he is if favor of rezoning this into
commercial, it is the best use for this parcel.
The public hearing will remain open.
Deckers states that noise is not a reason justifiable for this area to become commercial. The
only reason to consider this is because of what is happening to the west.
Deckers moves to continue CPA - 2-03 - Comprehensive Plan Amendment from
Residential One to Commercial- Rick & Nita Musick to July 12, 2004, the applicant
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shall present a concept plan at this time. Seconded by Glavach. ALL A YE...MOTION
CARRIES.
C. CPA-3-03/RZ-8-03 - Comprehensive Plan Amendment from Residential One
to Commercial and Mixed Use and Rezone from A-R to C-2-DA and MU-
DA- Park Hampton. LLc.: Park Hampton, LLC, represented by Land
Consultants, Inc., is requesting a Comprehensive Plan Amendment to change the
land use designation on the Comprehensive Plan Land Use Map from Residential
One (up to one dwelling unit per acre) to Commercial and Mixed Use, and a
rezone from A-R (Agricultural-Residential-up to one dwelling unit per five acres)
to C-2-DA (General Business District with Development Agreement) and MU-DA
(Mixed Use with Development Agreement). The site (Lots 1 and 2, Block 1, &
Lots 1, 2, 4, 5, 6, 8, & 9, Block 2, of Flint Estates Subdivision) is located on the
northeast comer of Park Lane and West State Street, at 3950, 3450 & 3300 West
State Street, 3415, 3855, and 3850 West Flint Drive, and 312 North Park Lane*.
(This item was continued from the April 4, 2004 Meeting)
*NOTE: Subsequent to the last public hearing notice, additional properties have
been included in this application.
Bandy introduces the item.
Deckers discloses exparte contact during the City held workshops on the area of impact.
Mark Butler, 52 N. 2nd St., representing the applicant presents the application. Mr. Butler
provides a brief history of this application.
Deckers asks the applicant to address the additional trip counts this will put onto State
Highway 44.
Jeff Lowe, City Staff presents the staff report. Mr. Lowe uses a view foil to explain the list of
allowed uses for the mixed use zone.
Elliot Weiss, 3660 Flint Drive. Mr. Weiss is speaking for the property owners in the
neighborhood of Flint Drive. Mr. Weiss states that they are not against rezoning the lots along
Highway 44 to MU, but they are against a commercial zone. They are against their lots being
rezoned. They do not want businesses with high traffic and late hours. They are strongly
against a convenience store and gas station. They realize that some of the uses under MU also
have high traffic but they would have greater say in these uses. Also, they would rather have
the lots along Flint Drive remain residential. Mr. Weiss requests that they would like a berm
similar to Countryside Estates with a solid fence along the straight property boundary line.
They oppose any new access onto Park Lane. Would like these parcels viewed separately if at
all possible. Mr. Weiss states that there has not been enough notification to make a decision at
this time.
Deckers asks Mr. Weiss if he or the neighbors would be opposed to splitting the parcels into
one acre lots.
Jodi Zineckee, 336 E River Quarry, as a parent she thinks that a convenience store/gas station
would be ludicrous for this comer. Mixed use is appropriate but you have high traffic at
certain times so the kids safety should be considered. The City should get some input from the
school before making a decision.
Jack Lichens resides in the Colony Subdivision. Mr. Lichens fully agrees with Mr. Weiss and
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would also like to have a berm to screen traffic and noise.
Tom Phister, 3605 Flint Drive speaks of safety issues. Mr. Phister states that at certain times
of the day they can not easily get onto Park Road. There have been numerous accidents in this
area. Statistics show that there will be another fatality soon.
Foad Roghani, 175 S. Rosebud Lane, on the south side of State St. Mr. Roghani agrees with
the bad traffic. It is almost impossible to get out onto State Highway 44 during school hours.
Would like what ever is built be compatible with his building to the south. A convenience
store will not solve the problem of keeping the students at Eagle High from traveling into town
during lunch hours. Mr. Roghani would like to see something that represents the image of the
City of Eagle.
John Wood, 3300 W State St. Mr. Wood is the applicant. From all the meetings that he has
attended the number one problem that he has heard is traffic. Also, in the meetings he heard
that there should be higher density near schools with affordable housing. Mr. Woods supports
continuing this application so they can resume meeting with the neighbors to garner support.
Pete Cintorino, 756 S. Moonbeam Way, the owner of the parcel on the corner of Park and State
Highway 44. Mr. Cintorino states that no access on Park and State is not realistic for his
corner parcel. Should not be handcuffing the property owner, states, we need to have access to
the property.
Mark Butler stands for rebuttal.
Deckers would most like to see improved access and traffic flow patterns on State and Park St.
The density is too high and one acre lots are more appropriate than town homes
Bandy would like to see a better transition from the mixed use to residential.
Glavach states the density of the town homes is too high but is not necessarily in favor of one
acre lots. We do however need more affordable housing.
The public hearing is still open.
Deckers moves to continue CPA-3-03/RZ-8-03 - Comprehensive Plan Amendment from
Residential One to Commercial and Mixed Use and Rezone from A-R to C-2-DA and
MU-DA- Park Hampton, LLC to the June 28, 2004 Planning & Zoning Meeting
Seconded by Glavach ALL A YE...MOTIONCARRIES.
Bandy calls a brief break at 9:15
D. CPA-I-04IRZ-4-04 - Comorehensive Plan Amendment from Residential Two
to Mixed Use and Rezone from RUT and A-R to MU-DA- La2Una Pointe.
LLC: Laguna Pointe, LLC, represented by Land Consultants, Inc., is requesting a
Comprehensive Plan Amendment to change the land use designation on the
Comprehensive Plan Land Use Map from Residential Two (up to two dwelling
units per acre) to Mixed Use, and a rezone from RUT (Rural Urban Transition -
Ada County designation) and A-R (Agricultural-Residential-up to one dwelling
unit per five acres) to MU-DA (Mixed Use with Development Agreement)*. The
12.42-acre site is located on the east side of Eagle Road, at 2260 South Eagle
Road.
*NOTE: An annexation application previously submitted to the City for review
included this property, a 12.42-acre portion of the approximately 117 -acre site.
Page 4 of 6
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Bandy introduces the item.
Mark Butler, 52 N 2nd St., representing the applicant presents the application.
Jeff Lowe, City Staff, explains the reason for no staff report for this item. Staff would like to
see a concept plan and are awaiting a letter from lTD. Also the development agreement
planned for this application needs to be compatible for this new application.
Bandy opens the public hearing
Dave Zinechee, 336 River Quarry, attended all the previous hearings. Have some concerns
about the size of this commercial development and the access onto Eagle Road. Would like to
have had the original proposal minus the motorized boats.
Mark Walton, 1924 S Riverford, Mr. Walton is the president of the Island Woods HOA. They
do not have a concern with the mixed use concept, however they want to see what it will look
like. Want to continue participating in the ongoing process. Is happy that the applicant has
continued to work with them and listen to their concerns.
Shannon Cook, 2260 S. Eagle Road. Mr. Cook is one of the applicants for this project. Mr.
Cook states that they have no worries that everyone will approve the project, and there will be
no noise issues. Apologizes for not having the concept plan available tonight.
Mark Butler stands for rebuttal.
Don Knickrem, 1403 Mace Road, is the developer of Cottonwood Creek which is located west
of the proposed application. Mr. Knickrem supports the project and feels that mixed use is
appropriate near Eagle Road.
Bill Vaughan stands to explain the need to get the development agreement language worked
out.
Bandy moves to continue CPA -3-03/RZ-8-03 - Comprehensive Plan Amendment from
Residential One to Commercial and Mixed Use and Rezone from A-R to C-2-DA and
MU-DA- Park Hampton, LLC to the June 28, 2004, Planning & Zoning Meeting.
Seconded by Lien. Discussion. Bandy amends his motion to include that the public
hearing will remain open. ALL A YE...MOTION CARRIES.
E. ZOA-2-04 - The City of Eagle is proposing to repeal Eagle City Code Title 8
"Zoning", Chapter 8 "Area of City Impact", Section 2 "Annexation to Occur Only
in Area of City Impact", to allow annexation by the City of lands lying outside of
the Area of City Impact and being contiguous to the boundaries of the city limits.
Bandy introduces the item.
Jeff Lowe, City Staff presents the staff report.
Discussion.
Bandy opens the public hearing.
Bandy closes the public hearing.
Deckers moves to approve ZOA-2-04, with the added instructions to staff that they run it
by the City legal council before going to City Council. Seconded by Glavach. ALL
A YE...MOTION CARRIES.
6.
NEW BUSINESS: None
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7.
REPORTS:
None
8. ADJOURNMENT: Bandy moved to adjourn at 10:30p.m. Seconded by Lien. ALL
A YE...MOTION CARRIES...
RESPECTFULLY SUBMITTED:
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SHARON K. BERGMANN
CITY CLERKfTREASURER
APPROVED:
A TRANSCRIBABLE RECORD OF TIDS MEETING IS A V AILABLE AT
CITY HALL.
Page 6 of 6
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject CPA-3-03/RZ-8-03 — Comprehensive Plan Amendment from Residential
One to Commercial and Mixed Use and Rezone from A-R to C-2-DA and MU-DA—
Park Hampton, LLC
May 17, 2004
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
f it i kisei s5
34ao FC/K7— De. ,
l3 Q -- 99 e?
iz
Page 1 of 2
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject CPA-1-03/RZ-7-03 — Comprehensive Plan Amendment from Residential
Four to Central Business District and Rezone from R-4 to CBD-DA — G. Gre2ory
Hall
May 17, 2004
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
Page 1 of 2
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject CPA-2-03 — Comprehensive Plan Amendment from Residential One to
Commercial — Rick & Nita Musick
May 17, 2004
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
Page 1 of 2
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject CPA-1-04/RZ-4-04 — Comprehensive Plan Amendment from Residential
Two to Mixed Use and Rezone from RUT and A-R to MU-DA— Laguna Pointe, LLC
May 17, 2004
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
Page 1 of 2
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject ZOA-2-04
May 17, 2004
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
Page 1 of 1