Minutes - 2006 - Planning & Zoning - 10/02/2006 - RegularTHE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
660 E. Civic Lane
October 2, 2006
6:30 P.M.
Page 1 of 5
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1. CALL TO ORDER: Meeting called to order at 6:37 p.m.
2. ROLL CALL: Present: ZASTROW, PIERCE, ASPITARTE. Absent: Jacobs.
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 September 18, 2006.
B. Findings of Fact and Conclusions of Law for PP/FP -03-06 - Merrill Subdivision #6 -
Dave Evans Construction: Dave Evans Construction, represented by Travis Burrows, is
requesting a combined preliminary plat and final plat approval for Merrill Subdivision #6, a 2-
lot commercial subdivision. The 0.45-acre development is located on the south side of East
Iron Eagle Drive approximately 270-feet east of South Fitness Place within Merrill
Subdivision No. 5 (Lot 8, Block 1), formerly known as Rocky Mountain Business Park No. 3.
C. Findings of Fact and Conclusions of Law for A -12-06/RZ-14-06 & PP-15-06 -
Annexation and Rezone f rom RUT to MU-DA and Preliminary Plat for the Lofts at
Eagle River - Sea 2 Sea, LLC.: Sea 2 Sea, LLC, represented by Mark Butler with Land
Consultants, Inc., is requesting approval of an annexation and a rezone from RUT (Rural
Urban Transition) to MU-DA (Mixed Use with a Development Agreement), and preliminary
plat approval for The Lofts at Eagle River, an 8 lot (7-residential, 1-common), 214-unit multi-
family condominium/townhouse housing development. The 25.37-acre site is located on the
south side of East Riverside Drive approximately 1500 feet west of the intersection of East
Riverside Drive and State Highway 44 at 827 East Riverside Drive.
D. Findings of Fact and Conclusions of Law for CU-05-06 - Conditional Use for a Height
Exception for Townhouses/Condominiums within The Lofts at Eagle River – Sea 2 Sea,
LLC: Sea 2 Sea, LLC, represented by Mark Butler with Land Consultants, Inc., is requesting
conditional use approval for a height exception of 49 feet, 2 ¼ inches for condominiums and
36 feet, 7 inches for townhouses within the Lofts at Eagle River residential development. The
25.37-acre site is located on E. Riverside Drive approximately 1500 feet west of Edgewood
Lane at 827 E. Riverside Drive.
Zastrow moves to approve the consent agenda including items A through D as presented .
Seconded by Aspitarte. ALL AYES…MOTION CARRIES.
4. PUBLIC HEARINGS:
A. A-11-06/RZ-13-06 & PP-13-06 - Annexation and Rezone from RUT to MU-DA and
Preliminary Plat for Angler’s Hamlet Subdivision - Roylance Investments, LLC and RT
Nahas Company: Roylance Investments, LLC and RT Nahas Company are requesting
annexation and a rezone with a development agreement from RUT (Rural Urban Transition) to
MU-DA (Mixed Use with a Development Agreement) and preliminary plat approval for
Angler’s Hamlet Subdivision, a 42 lot (37 residential, 5 common) residential subdivision. The
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
660 E. Civic Lane
October 2, 2006
6:30 P.M.
Page 2 of 5
K:\P&Z\MINUTES\2006\PZ-10-02-06min.DOC
10-acre site is located approximately 400 feet southwest of the intersection of N. Park Lane
and State Highway 44, on the south side of W. Old Valley Road at 4171 W. Old Valley Road.
This item was continued from the September 18, 2006 meeting.
Aspitarte moves to continue A-11-06/RZ-13-06 & PP-13-06 - Annexation and Rezone from
RUT to MU-DA and Preliminary Plat for Angler’s Hamlet Subdivision to October 23, 2006.
Seconded by Zastrow . ALL AYES…MOTION CARRIES.
Aspitarte moves that item 4C be the next agenda item heard. Seconded by Zastrow. ALL
AYES…MOTION CARRIES.
B. CPA-4-06 - Comprehensive Plan Amendment from Professional Office and Transitional
Residential to Commercial - Lazy P Limited Partnership: Lazy P Limited Partnership,
represented by Shawn Nickel with SLN Planning, is requesting a Comprehensive Plan
Amendment to change the land use designation on the Comprehensive Plan Land Use Map
from Professional Office and Transitional Residential to Commercial. The 40-acre site is
located at the northeast corner of Chinden Boulevard (Hwy 20/26) and Linder Road at 1240
W. Chinden Boulevard. This item was continued from the September 18, 2006 meeting.
Pierce introduces the item.
Shawn Nickel, with SLN Planning, 148 N. 2nd Street, reviews the application and presents a slide
show. Stands for questions from the Commission.
Nichoel Baird Spencer, City Planner, informs the Commission that the public hearing for this
application will be heard but no decision will be made at this time. Reviews the staff report and
stands for questions from the Commission. General discussion on where the Meridian and Eagle
City Limits are currently.
Pierce opens the public hearing.
Mimi Plumb, 854 River Height Drive, is in opposition of the Comprehensive Plan Change. Feels
the traffic would increase. Would like to see this kind of proposal within the areas already
designated by the Comprehensive Plan for it.
Judy Erdman, 733, Discusses the impact of property values.
Kathy Tate, 1383 Sandy Court, discusses CC&Rs for some subdivisions which make for nice
subdivisions. Believes there would be a Wal-Mart for the proposed area.
Scott Trosper, 7110 Springcrest, here on behalf of Sandy Springs Subdivision. Here in opposition
of the proposal. Discusses traffic issues, impact on property values/economic impact analysis.
Feels that a comprehensive plan change would not benefit the public.
Shawn Kirkman, 6452 N. Foxrun. Discusses the road that goes to their subdivision. Says the
developer wants to use this current access.
Mark Montierth, 7175 N. Springcrest. In opposition to the project. Discusses the traffic issues in
the area. Shows a video of the traffic in the area at different times of the day, including rush hour.
James Goff, 1458 W. Sandy Ct., In opposition of the proposal. Agrees with everything that has
been said in opposition.
Carol Montierth, 7175 N. Springcrest. Agrees with the testimony that has been given in
opposition. Feels there are issues with the traffic in the area. Believes the comp plan should stay
as it is.
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
660 E. Civic Lane
October 2, 2006
6:30 P.M.
Page 3 of 5
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Ginna Engle, 2819 W. Balata Court. In agreement with everything the public has testified in
opposition of this project.
Ken Mellea, 2101, near Spurwing. Agrees with those that have opposed this project. Feels the
criteria for a change to the comp plan has not been met. Asks the Commission to deny the
application.
Ivan Hoffman, 7220 N. Linder. Talks about the traffic that backs up on Linder. A middle school
that is going in near this area. Discusses traffic impact for the area.
Foad Rhoghani, 2273 Ribier Drive. Opposes the project. Asks about the ownership of the
property and the developer.
Richard Cook, 1376 W. Sandy Court. In opposition of the project.
Verle Roberts, 2982 S. Sugar Plum. Discusses the traffic problems in the area.
Lynn Trosper, 7110 N. Springcrest. In opposition of the project. Believes there are major traffic
issues and a danger to the children.
Phil Broadbent, 913 W. River Heights, Developer and an Attorney. Moved here from Arizona.
There is no actual proposal for the area at this time. Feels it would be inappropriate to change the
comp plan. Discusses the Economic Impact Analysis. Discusses the property that this area is
contiguous to the City of Meridian.
Alan Hall, 1011 W. River Heights Drive. Has concerns with the b ench area, discusses traffic
issues and noises from the traffic.
Lee Swiger. In agreement with all testimony in opposition.
Tedd Upperly. Agrees with staff’s recommendation. Asks the Commission to deny the
application.
Bob Stow, 6722 Foxtail Subdivision. Feels there is a place for big box development, but this area
is not a place for it. Asks that the Commission deny the application.
Shawn Nickel rebuts testimony. Not asking for approval of a development at this time. Would
like the comp plan to change for future development. Want to get the guidelines in place. This is
not a Wal-Mart. Stands for questions from the Commission. There is no affiliation with a big
developer. Original developer used to be an employee of Wal-Mart. There was no indication that
there was or wasn’t going to be a Wal-Mart. Commissioner Aspitarte asks why this is not more of
a mixed use plan.
Pierce closes the public hearing.
Discussion amongst the Commission.
A short recess is called.
The meeting is called back to order at 8:43 p.m.
Aspitarte moves to table CPA-4-06 - Comprehensive Plan Amendment from Professional
Office and Transitional Residential to Commercial - Lazy P Limited Partnership until a
future date after re-notification. Seconded by Zastrow. ALL AYES …MOTION CARRIES.
C. CU-08-06 - Conditional Use Permit for a Day Care Center and School within an
Existing Multi-Tenant Office Building - Yesterday Properties, LLC: Yesterday Properties,
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
660 E. Civic Lane
October 2, 2006
6:30 P.M.
Page 4 of 5
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LLC, represented by Shawn Nickel with SLN Planning, Inc., is requestin g conditional use
approval for a day care center and school within an existing multi-tenant building, recently
converted from a church. The .393 acre site is located on the west side of North Eagle Road
approximately 560–feet north of West State Street at 223 North Eagle Road.
Pierce introduces the item.
Shawn Nickel with SLN Planning reviews the application.
Mike Williams, City Planner, reviews the Staff Report.
Pierce opens the public hearing.
Jan Shirt, Meridian. Asks why there was a sign for a furniture store on the building.
Mike Williams explains that this is a multi-tenant office building and the furniture store is an
allowed use for the area.
Shawn Nickel rebuts testimony.
Pierce closes the public hearing.
Discussion amongst the Commission
Aspitarte moves to recommend for approval CU -08-06 - Conditional Use Permit for a Day
Care Center and School within an Existing Multi-Tenant Office Building. Seconded by
Zastrow. ALL AYES…MOTION CARRIES.
D. CPA-09-06 - Comprehensive Plan Amendment from Transitional Residential to
Professional Office - Capital Development, Inc.: Capital Development, Inc., represented by
Dave Yorgason., is requesting a Comprehensive Plan Map and Text Amendment to change the
land use designation on the Comprehensive Plan Land Use Map from Transitional Residential
to Professional Office and amend the text of the Rim View Planning Area. The 7.8-acre site is
generally located on the northwest corner of the intersection of Meridian and Chinden at 6615
N. Meridian Road.
Pierce introduces the item.
Dave Yorgason reviews the application. Stands for questions from the Commission.
Nichoel Baird Spencer, City Planner, reviews the staff report.
Pierce opens the public hearing.
Judy Erdman, 7283 Windward Drive, Meridian. Asks if there is something the developer could
show of what would be proposed.
Mimi Plumb, 854 River Heights Drive. Has no objection to the application.
Gwen Huckstop, 512 E. Sugarberry. Feels this is a good proposal.
Dave Yorgason rebuts testimony.
Pierce closes the public hearing.
Discussion amongst the Commission.
Zastrow moves to table CPA-09-06 for re-notification. Seconded by Aspitarte. ALL
AYES…MOTION CARRIES.
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
660 E. Civic Lane
October 2, 2006
6:30 P.M.
Page 5 of 5
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5. REPORTS:
A. Commission: Downtown Visioning Meeting on the 19 & 25th, Developers and property
owners.
B. City Attorney: None.
C. Staff: There will be a presentation of the Foothills Scenarios at the October 10, 2006 City
Council Meeting.
6. ADJOURNMENT:
Aspitarte moves to adjourn. Seconded by Zastrow.
Hearing no further business, the Planning and Zoning Commission meeting adjourned at 9:03 p.m.
RESPECTFULLY SUBMITTED:
SHARON K. BERGMANN
CITY CLERK/TREASURER
APPROVED:
JASON W. PIERCE
CHAIRMAN
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL.
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
CPA-4-06 - Comprehensive Plan Amendment from Professional Office and Transitional Residential to
Commercial - Lazy P Limited Partnership
October 2, 2006
6:30 p.m.
PLEASE PRINT LEGIBLY
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
CPA-4-06 - Comprehensive Plan Amendment from Professional Office and Transitional Residential to
Commercial - Lazy P Limited Partnership
October 2, 2006
6:30 p.m.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
PHONE
PRO?
CON?
TESTIFY?
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
CPA-09-06 - Comprehensive Plan Amendment From Transitional Residential to Professional Office - Capital
Development, Inc.
October 2, 2006
6:30 p.m.
PLEASE PRINT LEGIBLY
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
CU-08-06 - Conditional Use Permit for a Day Care Center and School within an Existing Multi -Tenant Office
Building - Yesterday Properties, LLC
October 2, 2006
6:30 p.m.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
PHONE
PRO?
CON?
TESTIFY?
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