Minutes - 2008 - Planning & Zoning - 07/07/2008 - Regular
THE CITY OF EAGLE
Planning & Zoning Commission Minutes
July 7, 2008
I. CALL TO ORDER: Meeting called to order at 6:03 p.m.
2. ROLL CALL: SMITH, FELIX, AIZPITARTE, TANNER. McCarrel has stepped down from
the Commission. City Council will appoint a new member at their July 8, 2008 meeting.
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 June 16,2008.
B. Minutes of June 23, 2008.
Aizpitarte moves to approve the minutes from June 16,2008 and the minutes from June 23,
2008. Seconded by Tanner. ALL AYES...MOTION CARRIES.
4. PUBLIC HEARINGS:
A. A-01-08/RZ-01-08 & PP-01-08 - Annexation and Rezone from RUT to MU-DA and
Preliminarv Plat for Old Valley Plaza Subdivision - 4149 State Street. LLC: 4149 State
Street, LLC, represented by Shawn Nickel with Rose Law Group, 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, a 1.88-acres, 8-lot (7-buildable, I common) commercial subdivision. The
site is generally located on the southwest comer of State Highway 44 and Old Valley Road at
4149 West State Street. . StaJJis requesting this item be continued to the July 21,2008
meeting.
Aizpitarte moves to continue A-01-08/RZ-01-08 & PP-01-08 - Annexation and Rezone from
RUT to MU-DA and Preliminary Plat for the Old Valley Plaza Subdivision - 4149 State
Street, LLC to the July 21, 2008. Seconded by Felix.. ALL AYES...MOTION CARRIES.
B. PP-02-08 - Preliminarv Plat for Blackbird Subdivision - Jeoffrev and Colette Nvbor!!:
Jeoffrey and Colette Nyborg, represented by Shawn Nickel, are requesting preliminary plat
approval for Blackbird Subdivision. The 4.45-acre subdivision will consist of two (2)
residential lots. The site is located approximately 1/3 of a mile south of Floating Feather Road
on a portion of Lots 15 and 16, Block 1, of Bakers Acres Subdivision, on the northeast comer
of the Ballantyne Lane and Hereford Drive intersection at 660 North Ballantyne Lane. StaJJis
requesting this item be continued to the July 21,2008 meeting.
Aizpitarte moves to continue A-01-08/RZ-01-08 & PP-01-08 - PP-02-08 - Preliminary Plat
for Blackbird Subdivision - Jeoffrey and Colette Nyborg to the July 21, 2008. Seconded by
Smith. ALL AYES. ..MOTION CARRIES.
5. UNFINISHED BUSINESS:
A. CPA-01-08 - Comprehensive Plan Map Amendment from Residential Rural to
Residential Estates - John Vo!!ht: 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 1 unit per 5 acres) to Residential Estates (up to I 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. This item was continuedfrom the June 23,
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2008 meeting.
Aizpitarte introduces the item. Asks if any of the Commissioners have any further comments.
Tanner, Smith and Felix have nothing to add. Aizpitarte agrees with staffs recommendation.
The reason for the denial would be the fact that the current comprehensive plan talks about
dwellings five acres for this area. Does not feel there should be a change at this time.
Aizpitarte moves to recommend denial ofCPA-01-08. Seconded by Smith. ALL AYES.
MOTION CARRIES.
B. CPA-02-08 - Comprehensive Plan Map and Text Amendment from Residential One and
Residential Two to Business Park - Ed Priddv: 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. This item was continued from the
June 23,2008 meeting.
Aizpitarte introduces the item. Asks if any ofthe Commissioners have any further comments.
Tanner, Smith and Felix have nothing to add.
Aizpitarte moves to recommend approval of CP A-02-08 - Comprehensive Plan Map and
Text Amendment from Residential One and Residential Two to Business Park - Ed Priddy
with the staff's modification. Seconded by Felix. Discussion. Aizpitarte has concerns about
the RV Park. Felix feels we can deal with that issue down the road as this is a comp plan
application. Clarification from staff. ALL AYES...MOTION CARRIES.
C. 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 I sl Street. The 4.0 I-acre site is generally located on North 1 sl
Street and North Eagle Road, north ofIdaho Street, south of Mission Street, and east of North
Eagle Road. This item was continued from the June 23, 2008 meeting.
Aizpitarte introduces the item. Asks if any of the commissioners have any further comments.
Discussion.
Aizpitarte moves to recommend approval ofCPA-03-08 - Comprehensive Plan
Amendment from Residential Four to Central Business District. Seconded by Tanner.
ALL A YES...MOTION CARRIES.
Aizpitarte moves to recommend approval ofRZ-07-08 - Rezone from R-4 to CBD with
the recommendation that there is a development agreement put together that includes
cross access, shared parking, shared driveways, the retiling of the irrigation ditch located
along the south property line of the lot with the address 158 North 1st Street. Fitzer asks for
clarification for specification. Seconded by Tanner. Discussion. Felix asks if this is the best
way to handle this application. Clarification from Nichoel Baird Spencer, City Staff. ALL
AYES.. .MOTION CARRIES.
D. 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
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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. This item was continued/rom the June 23,2008 meeting.
Aizpitarte introduces the item. Asks if any of the commissioners have any further comments.
Tanner abstains due to conflict. There are no additional comments.
Aizpitarte moves to recommend approval CP A-04-08 - Comprehensive Plan Map and
Text Amendment from Residential One to Mixed Use - Linder Land Partners with the
following items recommended to the City Council that we strongly oppose multiple access
points from the site onto Linder Road and that the overall density of the residential area
does not exceed 4 units per acre. Seconded by Felix. THREE AYES...Tanner abstained
due to conflict.
E. CPA-05-08/A-3-03/RZ-08-08 - Comprehensive Plan Map & Text Amendment from
Mixed Use and Professional Office to Commercial. Annexation and Rezone with Pre-
annexation/Development A!!reement - Eisenber!! Company: Eisenberg Company,
represented by Van Elg of The Land Group, Inc., is requesting a Comprehensive Plan Map
and Text Amendment to change the land use designation on the Comprehensive Plan Future
Land Use Map from +/- 31.4 acres Mixed Use and +/- 4.4 acres Professional Office to
Commercial and amend the language in the Rim View Planning Area, an annexation and
rezone with Pre-Annexation/Development Agreement for +/- 38.34 acres with a zoning
designation of C-3-DA (Highway Business District with a Development Agreement). The +/-
38.34-acre site is located at the northeast comer of Linder Road and Chinden Boulevard (US
20/26). This item was continued/rom the June 23,2008 meeting.
Aizpitarte introduces the item. Asks if any of the commissioners have any further comments.
Smith discusses a consideration in a shift of the fuel station.
Eisenberg discusses the location of the fuel station. There may be a possibility of moving it to the
south. This has not been moved yet. There have been a number of meetings with the neighbors.
They believe this is the best place for the site.
Don Forrest, feels they are pretty confident that they have satisfied the aesthetics. Discusses
environmental concerns. Smith recalls there was concerns from the neighbors on the west
concerned about traffic.
Felix would like to abstain from the vote as he was not present at the hearing.
Tanner has no additional comments.
Tanner moves to recommend approval of CP A-05-08 - Comprehensive Plan Map & Text
Amendment from Mixed Use and Professional Office to Commercial. Seconded by Smith.
Discussion amongst the Commission and staff for clarification purposes. Recommending approval
as recommended and approved by staff with the understanding that we will be addressing any
revisions that we may request or issues with the development agreement. Tanner amends motion
to add: The only revision to the text would be on page 4 , under access - 6.8.8.6 under the
paragraph that reads internal and interconnected circulation should be used to move traffic
with the area, add non-residential between or after the and before area. So it should read -
should be used to move traffic through the non-residential area, helping to mitigate the
number of local vehicle trips. Second Concurs. TWO AYES (Tanner, Smith). ONE NAY
(Aizpitarte) Felix abstained. Aizpitarte's reason for the no vote is that he likes the original
comprehensive plan. Does fill the project is good but feels the project is too big.
A-3-03/RZ-08-08 - Annexation and_Rezone with Pre-annexation/Development Agreement -
Eisenberg Company
Aizpitarte introduces the item. Asks if any of the commissioners have any further comments.
Tanner discusses Smith's comments. Discusses the appropriate place for the fuel center. Smith
feels there should be a complete analysis done based on the concerns of the neighbors. Tanner
discusses concerns with cross access - suggests to approve the deletion of the section -3.2.1
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and replace that language with the following: Applicant shall act in compliance with the intent
of the text of the Rim View Planning Area adopted by the Eagle City Council. Add a section
3.2.7 that would state: All land use approvals are predicated on only one access point to US 20-
26. Smith had concerns on Linder & State/Old Valley. General discussion.
Tanner moves to approve RZ-08-08 Annexation and Rezone with Pre-
annexation/Development Agreement with the revisions approved to date by staff with the
following exception - section 3.21 be deleted and replaced with the following lanquage:
Applicant shall act in compliance with the intent of the text of the Rim View Planning
Area adopted by the Eagle City Council on date to be determined and adding section 3.2.7
with the text - All land use approvals are predicated on only one access point to US 20-26.
Seconded by Smith. TWO AYES (Tanner, Smith). ONE NAY (Aizpitarte) Felix
abstained. Aizpitarte's no vote reasoning is the same as for the comprehensive plan
application. See above.
6. REPORTS:
A. Commission: None
B. City Attorney: None
C. Staff: None
7. ADJOURNMENT:
Aizpitarte moves to adjourn. Seconded by Tanner. ALL AYES...MOTION CARRIES.
Hearing no further business the Planning & Zoning Commission meeting adjourned at 6:45 p.m.
RESPECTFULLY SUBMITTED:
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