Minutes - 2007 - Planning & Zoning - 12/03/2007 - RegularPage 1 of 4
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THE CITY OF EAGLE
PLANNING & ZONING COMMISSION AGENDA
660 E. Civic Lane
6:30 p.m.
December 3, 2007
1. CALL TO ORDER: Meeting called to order at 6:34 p.m.
2. ROLL CALL: FELIX, ZASTROW, PIERCE, ASPITARTE, McCARREL
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 November 19, 2007.
B. Findings of Fact and Conclusions of Law for CU-14-07 - Conditional Use Permit for
a Parking Garage and Height Exception for Eagle Colonade - Tri City Meats: Tri
City Meats, represented by Bob Niblett with Niblett & Associates Architects, is requesting
a conditional use permit for the construction of an 84-space parking garage and a
conditional use height exception for a 58-foot high mixed-use building and a 58-foot high
parking garage for the Eagle Colonade project. The 0.91-acre site is located on the south
side of West State Street approximately 134-feet west of Eagle Road at 45 West State
Street.
C. Findings of Fact and Conclusions of Law for A-16-07 & RZ-23-07 - Annexation and
Rezone from RUT to MU-DA - SB/LH Land Company (Flack/Carlock), LLC:
SB/CH Land Company (Flack/Carlock), LLC, represented by Ashley Ford with WRG
Design, Inc., is requesting an annexation and rezone from RUT (Rural Urban Transition-
Ada County Designation) to MU-DA (Mixed Use development agreement) for a Mixed
Use Development including +/- 231.7 acres of residential use (single-family and multi-
family units) and +/- 55.9 acres of commercial uses. The 287.6-acre site is located at the
Northeast corner of Beacon Light Road and State Highway 16.
D. Findings of Fact and Conclusions of Law for A-17-07 & RZ-24-07 - Annexation and
Rezone from RUT to MU-DA - CMH Development: CMH Development, represented
by Walter Lindgren with Johnson Architects, is requesting an annexation and rezone from
RUT (Rural Urban Transition- Ada County Designation) to MU-DA (Mixed Use with a
development agreement in lieu of a PUD) for Village Gateway, a mixed use commercial
development including a hotel site, retail and restaurant uses, and a convenience store with
a fuel station. The 10.65-acre site is located on the southeast corner of Beacon Light Road
and State Highway 16.
E. Findings of Fact and Conclusions of Law for A -04-07 & RZ-04-07 – Annexation and
Rezone from RUT to MU-DA - CMH Development: CMH Development, represented
by Walter Lindgren with Johnson Architects, is requesting an annexation and rezone from
RUT (Rural Urban Transition - Ada County Designation) to MU-DA (Mixed Use with a
development agreement) for a Mixed use development including +/- 15 acres of residential
uses at 5.0 units per acres and +/- 4 acres of non-residential uses including +/- 7 acres of
winery facilities and +/- 7 acres of retail commercial uses. The 31.17-acre site is generally
located north of Beacon Light Road and south of Palmer Lane, west of State Highway 16,
north of the River Birch Golf Course.
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Pierce moves to remove item B. Seconded by Zastrow. ALL AYES…MOTION
CARRIES.
Pierce moves approve the remainder of the Consent Agenda. Seconded by Aspitarte.
ALL AYES…MOTION CARRIES.
Mike Williams, Planning Staff, discusses item B. The motion from the November 19, 2007, is
not included in the findings. Staff is asking where they would like this to be added. The
Commission would like this added as a site specific condition #6 with the wording the same as
the minutes.
Pierce moves to add Site Specific Condition #6. Seconded by Felix. ALL
AYES…MOTION CARRIES.
Pierce moves to approve the addition to the Findings of Fact. Seconded by Felix. ALL
AYES. MOTION CARRIES.
4. PUBLIC HEARINGS:
A. CPA-01-07/RZ-07-07/PP-09-07 - Comprehensive Plan Text Amendment, Rezone and
Preliminary Plat for Mill Park Village Subdivision - State Park, LLC: State Park, LLC,
represented by Paul MacDonald, AIA, of DFD Cornoyer Hedrick, is requesting a
comprehensive plan text amendment and a rezone with development agreement from A-R
(Agricultural-Residential) to MU-DA (Mixed Use with a development agreement), and
preliminary plat approval for Mill Park Village Subdivision. The 11.25-acre, mixed use
subdivision (17-residential units and l2-commercial buildings contained on 3-lots) is located
on the northeast corner of Park Lane and State Highway 44, on Lots 1, 4, and 9, Block 2, of
the Amended Plat of Flint Estates, at 3950 W. State Street. This item was continued from the
November 19, 2007, meeting.
Pierce introduces the item.
Mark Butler, 839 E. Winding Creek Drive, reviews the application. This is more of an old town
style, pedestrian friendly type of project. Discusses access history for this property. Zastrow asks
for a visual of where the in & out would be. Possibly aligned with Camille Beckman’s. Will be a
right-in/right-out. Aspitarte asks about schools and fast food restaurants. Butler asks that these be
allowed uses.
Andrew Erstad, Erstad Architects, 420 Main Street, Boise. Discusses the architecture for the
project. Displays a picture of a project done in Boise that would be similar to this. Pierce asks if
this is an empty lot at this time. A 3-D model is displayed for elevation and relative size. Stands
for questions from the Commission. Zastrow asks about how the parking lays. Buildings would
be right next to the parking.
Mike Williams, City Staff, reviews the staff report. Reviews changes requested by the applicant
and staff proposed changes. Zastrow asks for clarification on access. Staff would be comfortable
if there was another traffic impact done. Aspitarte asks about staff recommendations in the staff
report. Also asks about a decorative wall and offloading for buildings. These items will be
addressed in applicant’s rebuttal. Discussion on wall and sound.
Pierce opens the public hearing.
Tom Ricks, 1560 N. Developer of Bellemeade & Bellewood. Has some concerns regarding the
fast food where it is currently proposed. Owns the property across the street from this. Had to go
through a wetlands permit process for Bellemeade and Bellewoode. Took approximately two
years. Feels it would be tough for him to sell lots but there should be more buffering between his
property and the mixed use. Believes fairness should be an issue. Zastrow asks about the
proposed fast food restaurant. Aspitarte asks if the wall was taller would that be more acceptable.
Discussion on berm.
Foad Rhogani, located across the street from this proposal. Does not have a problem with the
concept. Discusses the right-in/right-out. Has objections with the fast food location. Has same
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concerns Tom Ricks has.
Pete Cintarino, Eagle. Has been a resident for 20 years. Owns the property being talked about.
Travels State Street everyday. Sees the traffic. Would it be better for the kids from the High
School go across the street or drive to downtown Eagle. Has over 30 years of landscape
experience. Feels an eight foot fence would be better than a 20 foot berm. In favor of the project.
Mark Butler rebuts testimony. Aspitarte asks about the fast food restaurant and discussion of the
location.
Andrew Erstad also rebuts testimony. Discusses the location of the fast food restaurant. Does not
feel it is an issue. Discusses screening.
A short recess is called.
Meeting is called back to order at 8:17 p.m.
McCarrel asks if there is a center turn lane. Butler states they will have to widen Park Lane.
Pierce closes the public hearing.
Discussion amongst the Commission.
Felix likes this plans. Feels it would be great for Eagle. Is okay with the size of the buildings.
Likes the non-symmetry of the project. Feels a learning center would fit. Feels there should be an
8 foot wall for buffering. Has an issue with the fast food. Would be supportive of putting it in the
subdivision. Possible benefit to the students and keeping traffic off State Street.
Zastrow agrees with what Felix had said. Is in favor of the right-in/right-out. Discusses the fast
food proposal. If it will provide trip capture, this will be better than what is there now. Has no
problem with the buildings. Has seen some of Erstad’s work before. In favor of changing parking
designation.
McCarrel like that there will be a left hand turn lane. Feels the location of the fast food is as good
as any. Discusses right-in/right-out – possibility of speed bumps. An 8 foot berm/wall is good. In
favor of the application.
Aspitarte agrees with what has been said.
Pierce agrees with what has been said. Discusses the location of the fast food. Feels it is a good
location. Discusses traffic. With the residential component, there should be a time constraint for
deliveries.
McCarrel discusses schools and to cross out public to limit to private. Williams asks the
Commission to go through the conditions before making their motion to ensure correctness for the
findings.
Aspitarte moves to recommend approval CPA-01-07/RZ-07-07/PP-09-07 - Comprehensive
Plan Text Amendment, Rezone and Preliminary Plat for Mill Park Village Subdivision -
State Park, LLC with the following changes, on page 21 – Staff recommendation 3.4 –
include: additional buildings shall be included, those are buildings numbered B&E. Strike
the second to the last sentence. Keep the very last sentence. Page 22 – strike school, public
or private, add fast food located specifically on building L pad and no other location. Under
3.9 - #4 - 8 foot minimum block wall, cultured stone, decorative rock or similar fence. Site
Specific Condition of Approval #6 (page 24) - limited to a right-in right-out access to State
Highway 44 prior to the submittal of a final plat application upon approval of ITD.
Seconded by McCarrel. Discussion with Planner Mike Williams regarding changes to reflect in
the findings. All other drive-thrus will require a conditional use permit. Conditional use shall be
permitted. All other shall require conditional use permit. Aspitarte discusses 8 foot block wall.
Second Concurs. ALL AYES…MOTION CARRIES.
B. CU-11-07 - Conditional Use Permit for a Youth Recreation Facility - The Landing: The
Landing, represented by Joe Bruce with Insight Architects, is requesting conditional use
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approval to convert an existing 1,695-square foot residential dwelling into a non-profit, faith
based youth recreation facility. The 0.37-acre site is located on the east side of North Eagle
Road approximately 900-feet north of East State Street at 368 North Eagle Road. This item
was continued from the November 19, 2007 , meeting. Staff is requesting this item be
continued to the December 17, 2007, meeting.
Pierce moves to continue CU-11-07 - Conditional Use Permit for a Youth Recreation Facility
The Landing to the December 17, 2007, meeting. Seconded by Felix. ALL
AYES…MOTION CARRIES.
5. NEW BUSINESS:
A. Findings of Fact and Conclusions of Law for CPA-01-07/RZ-07-07/PP-09-07 -
Comprehensive Plan Text Amendment, Rezone and Preliminary Plat for Mill Park
Village Subdivision - State Park, LLC: State Park, LLC, represented by Paul MacDonald,
AIA, of DFD Cornoyer Hedrick, is requesting a comprehensive plan text amendment and a
rezone with development agreement from A-R (Agricultural-Residential) to MU-DA (Mixed
Use with a development agreement), and preliminary plat approval for Mill Park Village
Subdivision. The 11.25-acre, mixed use subdivision (17-residential units and l2-commercial
buildings contained on 3-lots) is located on the northeast corner of Park Lane and State
Highway 44, on Lots 1, 4, and 9, Block 2, of the Amended Plat of Flint Estates, at 3950 W.
State Street.
Pierce moves to approve item 5a Findings of Fact and Conclusions with the recommended
changes to the findings. Seconded by Zastrow. ALL AYES…MOTION
6. REPORTS:
A. Commission:
B. City Attorney:
C. Staff:
7. ADJOURNMENT:
Pierce moves to adjourn. Seconded by McCarrel. ALL AYES…MOTION CARRIES.
Hearing no further business, the Planning and Zoning Commission meeting adjourned at 8:40 p.m.
RESPECTFULLY SUBMITTED:
SHARON K. BERGMANN
CITY CLERK/TREASURER
APPROVED:
JASON W. PIERCE
CHAIRMAN
EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
A-01-07/RZ-07-07/PP-09-07 - Comprehensive Plan Text Amendment, Rezone and Preliminary Plat for Mill Park
Wine Subdivision - State Park, LLC
3, 2007 �►
NAME
ADDRESS/ TESTIFY
TELEPHONE/E-MAIL YES/NO? PRO/CON
A-cK lf, S+war
EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
A-01-07/RZ-07-07/PP-09-07 Comprehensive Plan Text Amendment, Rezone and Preliminary Plat for Mill Park
Village Subdivision - State Park, LLC
NAME
December 3, 2007
ADDRESS/ TESTIFY
TELEPHONE/E-MAIL YES/NO? PRO/CON