Minutes - 2008 - Planning & Zoning - 04/21/2008 - Regular
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
April 21, 2008
1. CALL TO ORDER: Meeting called to order at 6:03 p.m.
2. ROLL CALL: Present: Smith, Aizpitarte, McCarrel, Felix, Tanner
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 March 17, 2008.
B. Minutes of April 7, 2008.
e. Findin!!s of Fact and Conclusions of Law for RZ-02-08 - Rezone from R-4 to CBD-DA -
Jason and Victoria Ritchie: Jason and Victoria Ritchie are requesting approval of a rezone
from R-4 (Residential up to four dwelling units per acre) to CBD-DA (Central Business
District with a development agreement) to allow for a future retail commercial use. The 0.28-
acre site is located on the west side of Eagle Road approximately 800-feet south of State Street
at 221 South Eagle Road.
McCarrel moves to approve the Consent Agenda. Seconded by Felix. THREE
AYES.. .MOTION CARRIES. (Tanner, Smith abstained as they were not here at the last
meeting. )
D. Aizpitarte moves item 5B, Attorney Report up on the agenda. Susan Buxton, City Attorney
gives overview to the Commission of the rules of public meetings. Discussion and rules on
exparte communication.
4. PUBLIC HEARINGS:
A. A-01-08/RZ-04-08 & PP-01-08 - Annexation and Rezone from RUT to MU-DA and
Preliminarv Plat for Old Vallev Plaza Subdivision - 4149 State Street. LLC: 4149 State
Street, LLC, represented by Shawn Nickel with Rose Law Group Borton, is requesting an
annexation and rezone of two (2) parcels (totaI2.05-acres), from RUT (Rural Urban
Transition) to MU-DA (Mixed Use with a Development Agreement) and preliminary plat
approval for Old Valley Plaza Subdivision. The preliminary plat on 1.88-acres of the site
consists of an 8-10t (7-buildable, I common) commercial subdivision and is generally located
on the southwest comer of State Highway 44 and Old Valley Road at 4149 West State Street.
Staffis requesting this item be continued to the May 5,2008, meeting.
Aizpitarte introduces the item.
Aizpitarte moves to continue Annexation and Rezone from RUT to MU-DA and
Preliminary Plat for Old Valley Plaza Subdivision to the May 5, 2008 meeting. Seconded by
McCarreI. ALL AYES.. .MOTION CARRIES.
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B. RZ-03-08 - Rezone from R-4 to CBD-DA - Olde Park Prooerties. LLC: Olde Park
Properties, LLC, represented by Justin Woolston, is requesting approval of a rezone from R-4
(Residential up to four dwelling units per acre) to CBD-DA (Central Business District with a
development agreement). The .63-acre site is located on Olde Park Place approximately 150-
feet south of West State Street at 67 and 87 Olde Park Place.
Aizpitarte introduces the item.
C. CU-02-08 - Conditional Use Permit for a Hei!!ht Exceotion - Olde Park Prooerties. LLC:
Olde Park Properties, LLC, represented by Justin Woolston, is requesting conditional use
approval for a height exception of 57-feet for a three story multi-tenant residential/retail
building. The .63-acre site is located on west side of Olde Park Place approximately ISO-feet
south of West State Street at 67 and 87 Olde Park Place.
Items 4B & 4C will be heard together.
Justin Woolston, 87 Olde Park Place, gives overview of the rezone and the conditional use
application.
Derek Smith believes the rendition of the building is good. Was there another project that was
granted a height exception? The Eagle Colanade project was granted 58 foot. Bill McCarrel asks
about the total height of the bottom floor. 10 to 12 feet. Tanner asks what is directly north. There
is an empty lot. To the west is an office building. Is there a rendering that is directly facing west-
Woolston will show these later in the hearing.
Ted Vanegas gives an overview of the staff reports. Stands for questions from the Commission.
Smith has concerns with this building being adjacent to residential use. Planner Vanegas
discusses the impact to the residential area, setbacks and landscape buffers. McCarrel asks if the
fire trucks would be able to provide for this height. There is no opposition from the fire
department. Felix has more concern on the height. Feels 48 feet is a long distance. The applicant
is proposing 23 feet from the property line to the building. There has not been a height established
for the landscape buffer. Felix discusses a letter for an exception on the parking requirements.
Discussion on traffic. The site and design features will be required to go through the Design
Review process.
Aizpitarte opens the public hearing.
Clay Pruett, 222 S.W. Neskowin, 238 Neskowin. Involved in real estate. Has no objection of the
property being commercial. Aware of the 40 foot height. Would like to see single level. Has
objections to the additional height.
Kyle Albert, 248 S. Kestral. Lives near the project. Feels the project is too high. Has concerns
about the traffic as well.
Dustin Williams, 291 E. Shore Drive. Has been involved in architectural aspect in this project.
Plans on living there.
Tyler Archer, 123 N. Olde Park Place. Resident of Eagle. Supports the project.
Ken Smith, 230 Neskowin Street,. Will there be restaurants and what time will they be open? Is
opposed to this being rezoned to commercial. What about a sound barrier? This would be
opening the door for higher projects. Has concerns about his resale value of his property. Is
against the height exception as well.
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Jack Stuart, 246 Neskowin, directly south of the proposed development. Feels the project would
be too high and would invade his privacy. There must have been a reason the City set a 40 foot
height limit.
Justin Woolston rebuts testimony. Displays renderings that were requested by the Commission
earlier in the meeting. Modeled the neighboring houses. Displays renderings. Comments.
Discussion of drive aisle. Responds to the concerns regarding the height of the residential units
and patios. Addresses the walnut tree mentioned during Ken Smith's testimony.
McCarrel asks about the Site Specific Conditions and how soon would they break ground. Mr.
Woolston discusses the financial feasibility. Aizpitarte asks about the drive aisle.
Aizpitarte closes the public hearing.
A short recess is called.
Meeting is called back to order at 7:43 p.m.
Felix likes the design of the project. Commends the setback. Likes the concept of retail and
condos. Good that there is adequate parking planned at this point. In support of the rezone to
CBD. Not in support for the CUP for the height exception. Feels there could be a modification to
the line of sight issues for the residents in the area.
McCarrel concurs with Felix. Feels the project is cool. Not a fan of the conditional use. Feels
there could be some reconfiguring on the height.
Smith concurs with the comments made so far. Does like the design. Comments on the neighbors
and although they knew the area could be rezoned commercial. Does not support the height
exception. Possibility to redesign. If the neighbors were in favor, he may have had a different
look on it.
Tanner feels the applicant has done a good job on the design. Not convinced on the line of sight
issues and possibly decrease in value. In favor of the way the project is currently designed.
Aizpitarte agrees with what has been said. Would look for a compromise between the 40 and the
57. Feels that 57 is too high for the location.
McCarrel moves to approve RZ-03-08 - Rezone from R-4 to CBD-DA - Olde Park
Properties, LLC. Seconded Aizpitarte. ALL AYES...MOTION CARRIES.
Discussion amongst the Commission.
McCarrel moves to recommend denial of CU-02-08 - Conditional Use Permit for a Height
Exception - Olde Park Properties, LLC, feels they should have to keep the forty foot height.
Seconded by Smith. Discussion. Tanner - does not know if there is a compromise to work - still
in favor. Felix supports McCarrel's motion. Could support a height exception if it could be done
without the impact to the residents. Propose some change in design. Smith wishes to be flexible
and recognizes the need for the area to be developed. Area for compromise? Other designs
possible if the neighbors would approve. Cannot change his position. Aizpitarte feels there can be
some redesign for this. Applicant should work with stafffor justification for the height exception.
Smith asks about the possibility of some sort of basement? Tanner - should the applicant bring
something back, will the project even be viable? Roll call vote: Smith - AYE, Felix - AYE,
Aizpitarte - NAY, McCarrel- AYE, Tanner - NAY... MOTION CARRIES.
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5. REPORTS:
A. Commission:
B. City Attorney:
C. Staff: Clerk: Next meeting is May 5, 2008. Reminder of Downtown Visioning. Mike
Williams, Planning Staff, reviews staff reports and what is contained within these. Discusses the
best way to review this information.
6. ADJOURNMENT:
McCarrel moves to adjourn. Seconded by Aizpitarte. ALL AYES...MOTION CARRIES.
Hearing no further business the Planning & Zoning Commission meeting adjourned at 8:25 p.m.
RESPECTFULLY SUBMITTED:
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- SHARON K. BERGMANN
CITY CLERK/TREASURER
APPROVED:
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EAGLE PLANNING & ZONING COMIVIISSION
PUBLIC HEARING SIGN-UP SHEET
April 21, 2008 - 6:00 p.m.
RZ-03-08-Rezone from R-4 to CBD-DA-Olde Park Properties,LLC:
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EAGLE PLANNING & ZONING COMIVIISSION
PUBLIC HEARING SIGN-UP SHEET
April 21, 2008 - 6:00 p.m.
CU-02-08-Conditional Use Permit for a Height Exception-Olde Park Properties,LLC:
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
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