Minutes - 2007 - Planning & Zoning - 10/15/2007 - Regular
THE CITY OF EAGLE 0 R j G j f~ f\ L
PLANNING & ZONING COMMISSION MINUTES
October 15, 2007
1. CALL TO ORDER: Meeting called to order at 6:37p.m.
2. ROLL CALL: Present: FELIX, ZASTROW, PIERCE, McCARREL
Not Present: ASPITARTE
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 October 1,2007.
B. Findine:s of Fact and Conclusions of Law for CU-IO-07 - Conditional Use Permit for
a Sewer Lift Station - Eae:le Sewer District: Eagle Sewer District, represented by Lynn
Moser, is requesting a Conditional Use Permit for the construction of a 2,232-square foot
sewer lift station facility to be located within an area currently zoned R-2-DA-P
(Residential-up to two units per acre with a development agreement-planned unit
development). The 32,400-square foot site is located on the east side ofN. Palmer Lane
approximately 2,700 feet north of State Highway 44, at 830 N. Palmer Lane.
C. Findine:s of Fact and Conclusions of Law for CU-13-07 - Conditional Use Permit for
a Heie:ht Exception for Arts West Music Academv - Gardner-Ahlquist Development:
Gardner-Ahlquist Development, represented by Pamela Hall with Timberline Surveying,
PLLC, is requesting conditional use approval for a 43' -0" peak of roof, building height
exception for the Arts West Music Academy. The height exception (the portion of the
building above 35-feet) is for the purpose of accommodating the design and pitch of the
roof. The 3.75-acre site is located approximately 600-feet north of State Highway 44 at
3415 West Flint Drive.
D. Findine:s of Fact and Conclusions of Law for RZ-18-07 - Rezone from A-R to BP-DA
Robert L. Pedersen: Robert L. Pederson is requesting approval of a rezone from A-R
(Agricultural-Residential) to BP-DA (Business Park with a development agreement) to
facilitate the construction ofa five (5) unit, 14,34 I-square foot office/tlex space building.
The I.OO-acre site is located approximately 250' feet west of the East Hill Road and
Horseshoe Bend Road intersection at 3055 East Hill Road.
Zastrow moves to approve the consent agenda including items A, B, C, and D.
Seconded by McCarrell. ALL AYE...MOTION CARRIES.
4. PUBLIC HEARINGS:
A. RZ-19-07 & PP-16-07 - Rezone from R-3 to MU-DA & Preliminary Plat for Cantera
Subdivision - Red Rock Development. LLC: Red Rock Development, LLC,
represented by Hans Linton, is requesting a rezone from R-3 (Residential-up to three units
per acre) to MU-DA (Mixed Use with development agreement) and preliminary plat
approval for Cantera Subdivision, a 65-lot subdivision, 68-unit (52-single-family, (8
multi-family and 8 commercial contained within two lots), II common) mixed use
development. The 10.24 acre site is generally located at the northwest comer of the
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intersection of East Hill Road and North Echohawk Way, approximately 420 feet west of
State Highway 55. This item was continued to from the October 1,2007, meeting. The
applicant is requesting this item be continued to the November 5, 2007, meeting.
Pierce introduces the item
Pierce moves to continue RZ-19-07 & PP-I6-07 - Rezone from R-3 to MU-DA &
Preliminary Plat for Cantera Subdivision. Seconded by Zastrow. Discussion: City
Staff, Mike Williams, states that the applicant has requested, for the second time,
that this application be continued. Williams feels there will be public testimony on
this item so he recommends Commission consider remanding it to staff to take it
through the re-notification process.
Pierce strikes his motion. The second concurs.
Zastrow moves to remand to staffRZ-19-07 & PP-16-07 - Rezone from R-3 to MU-
DA & Preliminary Plat for Cantera Subdivision. Seconded by McCarrell. ALL
A YE...MOTION CARRIES.
B. RZ-20-07 - Rezone from A-R to R-E-DA - Colette Nvbore:: Colette Nyborg,
represented by Shawn Nickel with SLN Planning, Inc., is requesting approval ofa rezone
from A-R (Agricultural Residential) to R-E-DA (Residential Estates with a development
agreement) to facilitate the re-subdivision of a portion of Lot 15 & Lot 16 to eliminate two
(2) non-conforming parcels. The +1- 2.28 acre and +1- 2.5- acre parcels are located
approximately 113 of a mile south of Floating Feather on the northeast comer of the
Ballantyne Lane and Hereford Drive intersection at 660 North Ballantyne Lane. This item
was continued to from the October 1, 2007, meeting.
Pierce introduces the item.
Shawn Nickel, 148 N. Second Street, reviews the application and discusses the amended
CC&R's, the development agreement and the two specific parcel pieces.
Nickel stands for questions
Zastrow asks if the CC&R's have been enforced and maintained all this time.
Nickel states they have and refers to Susan Wildwood being the attorney that represents
the neighborhood.
Chairman Pierce asks for any further questions. There are none.
City Staff, Mike Williams, reviews the application. He states that staff recommends
rezone with Condition 2.4 stating: The applicant shall be required to work with adjacent
property owners to the North to re-subdivide Lots 15 and 16, Block 1 of Baker's Acres
Subdivision. Also the applicant shall submit a preliminary plat application for the re-
subdivision of Lots 15 and 16, Block 1, to be reviewed and approved by the City prior to
adoption of the ordinance to rezone the Nyborg property. He then stands for questions.
General discussion regarding Condition 2.4.
Chairman Pierce opens the public testimony.
Kay Maffey, 1615 Hereford, Baker's Acres Subdivision Lot 4, discusses the development
agreement that was signed in 2001. She discusses it lacking majority vote. She refers to
the Lacrosse Field and asks about possibility of application setting precedence.
Susan Buxton, City Attorney, states that as policy the City does not have the ability to
make decisions that would affect a contract that controls the land such as CC&R's. The
City can only look to see if the application before the city meets city requirements and the
City does not wish to create a situation that will cause litigation.
Mike Williams, City staff, adds to the record a letter from Jeff and Toni Smith, the owners
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of the adjacent property to the North. He reads the letter aloud. It states Mr. and Mrs.
Smith's willingness to work with the Nyborgs on the lot line reconfiguration.
General discussion regarding neighborhood meeting.
Shawn Nickel states he does not want to focus on the CC&R's. Reason they were brought
up is to show the intent. The intent was that those were two separate parcels. Applicant is
content with thought that CC&R's exclude her from 5 acre lot. He reads a section from
the CC&R's. Signed by 2/3 majority. Also want to put CC&R's in Development
Agreement so that the neighbors see application is not to set a precedent. Concerns with
wording of new condition.
Discussion regarding stating a time frame in the development agreement along with plat
amendment in the future.
Susan Buxton, City Attorney states that in the development agreement there needs to be a
phrase stating to reach their decision on this application the City is only looking at its
rules.
Collette Nyborg, 5291 W. Silver Lake Lane, the applicant, asks about CC&R's and her
defense.
Shawn Nickel stands for questions.
General discussion on creating precedence.
Shawn Nickel rebuts. He discusses the history of the project area and legal requirements
being met.
Pierce closes the public hearing.
Discussion between the commissioners
Zastrow states he can see both sides of the issue and feels if there was a clearer
understanding for rest of the people in the subdivision he would feel better.
Pierce states he can clearly see intent to have two separate parcels and that it has been
intended for some time.
McCarrell states it is interesting that there are two deeds and recommends changes to
CC&R's.
Felix states he is sensitive to the neighborhoods feelings and expectations on lot sizes and
zonings. He is in support with discussed condition.
General discussion regarding timeline to be complete before building.
Chairman Pierce re-opens public hearing
Kay Maffey, 1615 Hereford, discusses lot split and rezone options. She also discusses the
time line for a subdividing application. She states her main concern is the rezone.
Collette Nyborg discusses options for application time frame.
Attorney Susan Buxton clarifies that in the case of a development agreement, it
automatically reverts back to the original zoning, if the development agreement is violated.
Chairman Pierce closes Public Hearing
McCarrel moves to approve RZ-20-07 - Rezone from A-R to R-E-DA - Colette
Nyborg, with Conditions: that the City not be identified within a lawsuit and also
that an application be in process by 6 months and the wording for condition 2.4 also
be inserted. Seconded by Felix. Discussion regarding language regarding
precedence.
Susan Buxton, City Attorney, states language in Findings should indicate that the approval
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of this rezone application shall not be considered as establishing a binding precedent to
grant other rezone applications.
McCarrel agrees to amend the motion. Second concurs. THREE AYE. ONE NAY
(Zastrow). MOTION CARRIES.
Zastrow states his vote is based on the results in a lot split. He feels it contradicts what the
rest of the subdivision is in favor of and feels it is inappropriate.
5. REPORTS:
A. Commission: NONE
B. City Attorney: Susan Buxton discusses the reviewing ofthe Comprehensive Plan in regard
to future needs for utilities, and capital improvement
C. Staff: Joint Meeting with Council on October 29,2007.
6. ADJOURNMENT:
McCarrel moves to adjourn. Seconded by Zastrow. ALL AYE...MOTION CARRIES.
Hearing no further business, the Planning and Zoning Commission meeting adjourned at 7:46 p.m.
RESPECTFULLY SUBMITTED:
SHARON K. BERGMANN
CITY CLERK/TREASURER
APPROVED:
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JASO W. ~IERCE
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