Minutes - 2008 - Planning & Zoning - 05/05/2008 - Regular
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
May 5, 2008
I. CALL TO ORDER: Meeting called to order at 6:04 p.m.
2. ROLL CALL: Present: AIZPITARTE, FELIX, SMITH, TANNER. Absent: 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 April 21, 2008.
B. Findin!!s of Fact and Conclusions of Law for RZ-03-08 - Rezone from R-4 to CBD-DA -
Olde Park Properties. 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 ISO-feet south of West State Street at 67 and 87
Olde Park Place.
C. Findin!!s of Fact and Conclusions of Law for CU-02-08 - Conditional Use Permit for a
Hei!!ht Exception - Olde Park Properties. 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.
Tanner points out that there is an issue with item C. The last sentence refers to a 40 foot high
maximum - page 11 of II of item 3C. It should be a 57 foot high maximum.
Mary Pruitt, 222 & 258 Neskowith. We realize that this is commercial. Objects to the 57 foot
height.
Stephanie Bonnie, City Attorney, reminds the Commission that the public hearing has been closed
and cannot hear any further testimony.
Mary Pruitt asks for clarification. Chairman Aspitarte states that they have recommended denial.
Nichoel Baird Spencer, City Staff, explains the process.
Aspitarte entertains a motion to approve the Consent Agenda. So moved by Tanner. Seconded
by Felix. ALL AYES...MOTION CARRIES.
Aizpitarte amends the agenda to add a New Business item - Spring 2008 Spring Comprehensive
Plan Amendments.
4. NEW BUSINESS:
A. Spring 2008 Comprehensive Plan Amendments. Nichoel Baird Spencer gives an overview
of the process and requests the Commission to approve two special meetings on June 9th and
23rd. Smith asks what a map amendment constitutes. Planner Spencer gives the definition of
both.
Aizpitarte moves to approve the special meetings for June 9th and June 23rd. Seconded by
Felix. ALL AYES...MOTION CARRIES.
Page 10f3
K\P&Z\MINUTESITemporary Minutes Work AreaIPZ-05-05-08MIN.doc
5. (4.) PUBLIC HEARINGS:
A. A-01-07/RZ-01-07 & PP-01-07 - 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.
This item was continuedfrom the April 21, 2008 meeting. Staffis requesting this item he
continued to the May 5, 2008, meeting.
Planner Mike Williams has asked that this item be continued to the June 2, 2008 meeting.
Aizpitarte moves to continue A-01-07/RZ-01-07 & PP-01-07 - Annexation and Rezone from
RUT to MU-DA and Preliminary Plat for Old Valley Plaza Subdivision this to the date
specific time June 2, 2008. Seconded by Felix. ALL AYES...MOTION CARRIES.
B. RZ-05-08 - Rezone from R-4 to CBD-DA - Jason and Melissa Brodt: Jason and Melissa
Brodt 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 facilitate the
development of a commercial use on the site. The . IS-acre site is located on the west side of
Eagle Road approximately 550-feet south of State Street at 179 South Eagle Road.
Aizpitarte introduces the item.
Jason and Melissa Brodt, 2915 N. Davlin Way in Meridian give an overview of the application.
Stand for questions from the Commission.
Ted Vanegas reviews the staff report. Stands for questions from the Commission.
Aizpitarte opens the public hearing.
Mary Pruitt, 222 & 258 Neskowith, feels this would be a good addition to the Community.
The Brodt's rebut testimony. Discussion of a the parking and possible parking agreement. There
is a questions regarding the fence in the back. The fence near the driveway should be moved
back. This will be brought up at the Design Review Board meeting. They ask that they not be
required to put up a fence on the front of the property. Would like to do plantings instead. (Page
6 of 10).
Aizpitarte closes the public hearing.
Discussion amongst the Commission. Tanner has no additional comments. Smith likes the
concept. Requests clarification of "Destination Location". Felix is in support of the application.
Feels the conditions in the development agreement are good.
Felix moves to recommend approval RZ-05-08 - Rezone from R-4 to CBD-DA - Jason and
Melissa Brodt with the conditions listed in the staff report. Seconded by Tanner. ALL
A YES...MOTION CARRIES.
6(5.) REPORTS:
A. Commission: None.
B. City Attorney: None.
C. Staff: None.
7(6.) ADJOURNMENT:
Felix moves to adjourn. Seconded by Smith. ALL AYES...MOTllON CARRIES.
Page 2 of3
K:\P&Z\MlNUTESITemporary Minutes Work Area\PZ-05-0S-08MIN.doc
Hearing no further business the Planning & Zoning Commission meeting adjourned at 7:15 p.m.
RESPECTFULLY SUBMITTED:
~H-<O ~ BD~
./ SHAR N K. BERGMANN
CITY CLERK/TREASURER
Page 3 of3
KIP&Z\MINUTES\Temporary Minutes Work AreaIPZ-05-05-08MIN.doc