Minutes - 2008 - Planning & Zoning - 06/09/2008 - Special
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION
SPECIAL MEETING MINUTES
June 9, 2008
I. CALL TO ORDER: Meeting called to order at 6:05 p.m.
2. ROLL CALL: Present: SMITH, FELIX, AIZPITARTE, TANNER Absent: McCARREL,
3. PUBLIC HEARINGS:
A. CP A-04-08 - Comprehensive Plan Map and Text Amendment from Residential One to
Mixed Use - Linder Land Partners. LLC: Linder Land Partners, LLC, represented by
Shawn Nickel of Rose Law Group, is requesting a Comprehensive Plan Map and Text
Amendment to change the land use designation on the Comprehensive Plan Land Use Map
for the southern +/- I 0.03-acres of a +/-13.63 acre site from Residential One (up to 1 unit
per acre) to Mixed Use (resulting in the entire +/- 13.63 acre site being designated as Mixed
Use), and a Text Amendment to the Park Lane Planning Area. The +/- 10 acre site is located
on the comer of Old Valley Road and Linder Road, specifically described in the application
on file with the City of Eagle. The applicant is requesting this item be continued to the
June 16, 2008 meeting.
Aizpitarte introduces the item.
Aizpitarte moves to continue CP A-04-08 - Comprehensive Plan Map and Text
Amendment from Residential One to Mixed Use - Linder Land Partners, LLC to June 16,
2008. Seconded by Tanner. ALL AYES...MOTION CARRIES.
B. CPA-01-08 - Comprehensive Plan Map Amendment from Residential Rural to
Residential Estates - John VO!!t: John Vogt, represented by Rick Collingswood of
Toothman-Orton Engineering Co., is requesting a Comprehensive Plan Map Amendment to
change the land use designation on the Comprehensive Plan Land Use Map from Residential
Rural (up to I unit per 5 acres) to Residential Estates (up to 1 unit per 2 acres). The 40-acre
site is located on the northeast comer of North Park Lane and West Beacon Light Road at
3632 W. Beacon Light Road.
John Vogt, 3632 W. Beacon Light Road, reviews the application. Discusses the City's comp
plan.
Smith believes the research was thorough. Asks if the property around his used to be his. It
belonged to someone else. Discussion of land boundaries.
Aizpitarte asks about the development of 5 acre lots. V ogt feels he would like to utilize this
property the best.
Rick Collingwood, 9777 Chinden Boulevard, discusses the staff report. Attempted to contact
several of the neighboring property owners. Their preference would be to connect to services.
There will be a water main available at Lockey Subdivision. Not familiar with the transportation
models of the foothills plan. Wants some clarification.
Smith asks about the people he met with. What was the means? They were contacted by
telephone.
Nichoel Baird Spencer, City Staff, reviews the staff report. Staff is recommending denial ofthis
application.
Aizpitarte opens public hearing.
Frank Rice, 1202 W. Osprey Ridge Drive. Feels that Mr. Vogt is a business man and is looking
at it in a business manner. Feels there is not a lot of consistency with Mr. Vogt's application.
Does not feel the area north of Beacon Light should be less than 5 acres. .
Sidney Smith, 3792 W. Feels this would set a precedent for other properties in the future.
Beacon Light should be the line. Smith asks ifhe had ever been opposed to Mr. Vogt's farm or
farming practices.
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Dick Lagerstrum, 1262 W. Beacon Light Road. Asks about groundwater. Had some issues with
the water. Neighbor's well recently went dry. There have been several in the area going dry. Is
anyone tracking these wells that are going dry? Smith asks ifhe had ever been opposed to Mr.
Voght's farm or farming practices.
Howard Woods, 3733 W. Houseman Ct. Property is directly east ofthe proposal. Does not
want higher density there. Smith asks ifhe had ever been opposed to Mr. Vogt's farm or
farming practices.
John Seel, 2906 Haven. Works for a commercial developer and can understand why Mr. Vogt
would want to develop his land.
Kathy Pennisi, 3675 N. Saddleman. Have been out fighting these type of developments.
Wanted to live in this area and like the 5 acre lots. Can see no benefit to change this. Asks that
they deny the application.
Monte Manning, feels that some ofthe things the applicant said were a little bit off. Feels the
area should remain 5 acres. Does not see any benefit to the surrounding neighbor of a walking
path that would be proposed. Bought hay from him several years ago.
Rick Milliron, W. Houseland. Agrees with staff. There is already plenty of area near this that is
sitting empty. Agrees with what has been said.
Bill Heinz, 3886 W. Houseland. There is one lot between his lot and the applicant's. Feels the
5 acre lots are essential for Eagle. Asks that the Commission deny the application.
Cary O'Neil, 4186 W. House1and Ct. Took a long comprehensive look before moving here.
Wanted to move away from the high density. Brought his business here for a reason. Enjoys the
rural type setting. Never got a letter or any notification.
Mary Taylor, 3410 Hartley. The developers should change their applications to fit with the
comprehensive plan. Back in 2004, the City changed the comp plan and listened to the public.
There isn't enough water in the area. Traffic congestion and close neighbors won't matter if
there is no water.
Suzi Naler, 3599 N. Park Lane. Currently the only. Locked out of her irrigation water by Mr.
V ogt. There are mainly private homes north of Beacon Light.
Hedi Hopewell, N. 3525 Croft Way. Her property borders this application to the east. Mr. Vogt
has applied with Ada County for 5 acres parcels. Did not want the density they had in
California. Discusses the traffic corridors. Believes it should remain 5 acres. Use of his 10
foot easement. Felt he overstepped his contract.
Curtis Hopewell, N. 3525 Croft Way. Got a voicemail message asking why he was against the
project. He did not return the call. Never has voiced his opposition. Opposes the application.
Was involved in a lawsuit brought by Mr. Vogt.
Danny Beal, 4130 Beacon Light Road. Does not have a problem with this application. Beacon
Light is already a busy road. Talks about the Village Center on Beacon Light as well. The City
should consider. Share the - Incident with the lawsuit. The ditch was move. Ultimately it was
buried.
Barb Jekyl, 2862, wants to reinforce what other people have said. Beacon Light should be the
dividing line. Supports staffs denial of the application. Rural is good. Less dense lots is better
for our resources.
John Vogt rebuts testimony. The comp plan continues to change. Can't ignore that south of his
property, the City annexed.
Smith asks if 5 acre lots would be restrictive. Feels 5 acres would be too large. They would end
up being developed at a later time.
Rick Collingwood, clarifies some people he contacted.
Aizpitarte closes the public hearing.
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Smith feels the business of private property - you should be able to do what you would like with
your property. Feels some feathers were ruffled. Has walked the areas north of Beacon Light.
Enjoyed the open area. Reason asking about Mr. V ogt farming, etc. Discusses the fences, that
were there and or replaced. The landscaping would need to be better.
Felix discusses changes to the comp plan. Does not feel that a change is warranted. The last
change is relatively recent. Our plan calls for I unit per 5 acres.
Tanner concurs with Felix's comments.
Aizpitarte feels we should follow the comp plan.
Aizpitarte moves to table CPA-01-08 - Comprehensive Plan Map Amendment from
Residential Rural to Residential Estates - John Vogt to June 23. Seconded by Smith. ALL
A YES...MOTION CARRIES.
A short recess is called.
Meeting called back to order at 8:27 p.m.
C. CPA-02-08 - ComDrehensive Plan MaD and Text Amendment from Residential One and
Residential Two to Business Park - Ed Priddy: Ed Priddy, represented by Ron Bath of
Salmon Pointe Development, is requesting a Comprehensive Plan Map and Text Amendment
to change the land use designation on the Comprehensive Plan Land Use Map from
Residential One (up to I unit per acre) and Residential Two (up to 2 units per acre) to
Business Park, and to establish a new planning sub-area within the Land Use Chapter ofthe
plan. The +/- 129 acre site is located south of State Highway 44, bounded on the west by Eagle
Island State Park and to the east generally by the alignment ofN. Ballantyne Road, specifically
described in the application on file with the City of Eagle.
Aizpitarte introduces the item.
Ron Bath, representing the Priddy family, reviews the application. Gives a slideshow presentation.
This is near the sewage treatment plant. There are existing businesses near this area. Smith asks
about the traffic light utilization. Aizpitarte discusses the letter from the Idaho Department of
Lands.
Nichoel Baird Spencer, City Planner, reviews the staff report. Staff is recommending approval of
this application. Tanner asks for a map showing the area. Smith asks about the flood issues,
protection of the area. Everything in the flood plain has to follow our ordinance. This is a
comprehensive plan amendment application. Tanner discusses the proposed language. Discussion
ofRV parks.
Aizpitarte opens the public hearing.
Patricia Kub, 2603 W. State Street. Has questions regarding how many personal properties are
involved. There have been a lot of meeting. Feel they are being told one thing and thins are
changing. Not against them. There should be a lot of people involved here.
Mark Butler, 1640 W. Washam Road. The Developers of Mill Park Village are in favor ofthis
application. This is just a comp plan amendment. Feels this is a great location.
Phyllis Baldwin, 3155 W. State Street. She understands there will be a R V park in the Eagle
Island State Park. Clarification of this comp plan amendment process.
Ron Bath rebuts testimony. Touches on the RV park. Discusses "No net loss". There will be a
separate application at a later time. There have been several neighborhood meetings. Clarification
of the comp plan and actual zoning. There are 8 different owners of this application. The sizes
vary.
Aizpitarte closes the public hearing.
Tanner feels that this makes sense. Did have some concerns regarding the text portion. Staff
made clarification.
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Smith discusses the RV park. Remembers when there were going to be homes going in this area
rather than a business park. Confused why anyone is not here in opposition. The site was clearly
posted. Would not have opposition to this. Feels the light being proposed there is a good idea.
Felix agrees that this is more suitable as a BP designation rather than residential. Could attract a
high tech type of business. Feels this location would be good for a RV park.
Aizpitarte agrees with what has been says.
Aizpitarte moves to continue CP A-02-08 - Comprehensive Plan Map and Text Amendment
from Residential One and Residential Two to Business Park - Ed Priddy to June 23, 2008.
Seconded by Felix. ALL AYES...MOTION CARRIES.
D. CPA-03-08 & RZ-07-08 - Comprehensive Plan Amendment from Residential Four to
Central Business District and Rezone from R-4 to CBD - Larrv Coelho: Larry Coelho is
requesting a Comprehensive Plan Amendment to change the land use designation on the
Comprehensive Plan Land Use Map, consisting of eleven parcels, from Residential Four (up
to four units per acre) to Central Business District, and a rezone from R-4 (Residential- up to
four units per acre) to CBD (Central Business District) for four of the eleven parcels that are
located on both sides of North 1st Street. The 4.01-acre site is generally located on North 1st
Street and North Eagle Road, north ofIdaho Street, south of Mission Street, and east of North
Eagle Road.
Bob Niblett, representing the applicant, reviews the application.
Jeff Lowe, City Planner, reviews the application. Stands for questions from the Commission.
Smith asks about parking requirements. Discussion of development agreement.
Aizpitarte opens the public hearing.
Tom Bright, 1640 N. Kenwood Place. The Ogdens have asked him to read a letter for the record.
A copy was submitted for the record. They would like to be included in the CBD.
Sheila Martin and family, North I st Street. There are small children on this road. There are larger
parcels there. Maxine, Janelle Christianson said she submitted a letter. There should be more of
an outreach for the elderly or people who may not be able to make it.
Felix asks if she is in support of the application. She has concerns about their wells. She wants to
know all of the facts.
Mr. Martin states that there was a condition on the neighboring property that it be CBD. Discusses
the trees. Does not want anything to change from the way it is.
Mark Butler, Washam Road. Discusses the need for the changes. There needs to be a mixed use
change to the downtown. Feels this is an excellent expansion of the Central Business District.
Kelli Beach. Was originally told the property was in the CBD. It is not at this time. Her intention
for the property is an art gallery/studio. Has concerns about development agreement and the
parking requirements.
Bob Niblett rebuts testimony. Discusses the development agreement. There is only one parcel
that is rezoning at this time. Hard to come up with a master plan for the entire area.
Aizpitarte closes the public hearing.
Tanner is comfortable with staffs analysis. Initial thought on the rezone to potentially consider a
development agreement.
Smith there is no one really in opposition of this. There should be more communication between
applicants/developers and citizens. Generally in favor of what is being proposed. Consideration
for the neighbors would help.
Felix does not have anything to add.
Aizpitarte likes the application. Agrees with what Tanner had to say. Tanner - there may be
others that will pursue the same zoning. Discusses access agreements.
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Aizpitarte moves to table CPA-03-08 & RZ-07-08 - Comprehensive Plan Amendment from
Residential Four to Central Business District and Rezone from R-4 to CBD - Larry Coelho
to June 23, 2008. Seconded by Tanner. ALL AYES...MOTION CARRIES.
4. REPORTS:
A. Commission:
B. City Attorney:
C. Staff: Survey online.
5. ADJOURNMENT:
Aizpitarte moves to adjourn. Seconded by Felix. ALL AYES...MOTION CARRIES.
Hearing no further business the Planning & Zoning Commission meeting adjourned at 10:30 p.m.
RESPECTFULLY SUBMITTED:
_~~K-~
SHARON K. BERGMANN
CITY CLERK/TREASURER
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Page 5 of5
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0
EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
CPA-03-08&RZ-07-08-Comprehensive Plan Amendment from Residential Four to Central Business District and Rezone
from R-4 to CBD-Larry Coelho
June 9, 2008
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
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EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
CPA-03-08&RZ-07-08-Comprehensive Plan Amendment from Residential Four to Central Business District and Rezone
from R-4 to CBD-Larry Coelho
June 9, 2008
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
1
EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
CPA-02-08-Comprehensive Plan Map and Text Amendment from Residential One and Residential Two to Business Park
Ed Priddy
June 9, 2008
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
f R isk ag3� SUI `? `?
R
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EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
CPA-02-08-Comprehensive Plan Map and Text Amendment from Residential One and Residential Two to Business Park
Ed Priddy
June 9 2008
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
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Y14`()t 4'9/
We (Ray & Lea Ogden) have lived at 237 N. 1st street in
Eagle for 25 years and have seen a lot of change in that
amount of time the changes have all been positive and
have made Eagle a very beautiful and family friendly
place to live. With a lot of the area around N. 1st street
changing to C.B.D. we absolutely agree with most of our
neighbors that it would be beneficial to those living here
to have our street included in the C.B.D.
Thursday June 5th 2008
We Ray and Lea Ogden residence of 237 N. 1st street in
Eagle give Tom Bright authorization to read this into
record.
Thank you
X 9rti,„
/ r
EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
CPA-01-08-Comprehensive Plan Map Amendment from Residential Rural to Residential Estates-John Voaht
June 9, 2008
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
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EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
CPA-Ol-08-Comprehensive Plan Map Amendment from Residential Rural to Residential Estates-John Voght
June 9, 2008
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
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