Minutes - 2008 - Planning & Zoning - 07/21/2008 - Regular
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
July 21, 2008
I. CALL TO ORDER: Meeting called to order at 6:05 p.m.
2. ROLL CALL: AIZPITARTE, FELIX, SMITH, TANNER, ROEHLING
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 July 7, 2008.
Tanner moves to approve the Minutes of July 7, 2008. Seconded by Felix. ALL
AYES...MOTION CARRIES.
4. NEW BUSINESS:
A. Election of Vice-Chairman
Aizpitarte nominates Gary Tanner, Seconded by Felix. ALL AYES...MOTION CARRIES.
5. UNFINISHED BUSINESS:
A. A-02-08/RZ-06-08 - Annexation and Rezone from RUT to A-R - John VO!!t: John Vogt is
requesting approval of an annexation and rezone from RUT (Rural - Urban Transition - Ada
County designation) to A-R (Agricultural-Residential). The 39-acre site is located on the
northeast comer of West Beacon Light Road and North Park Lane at 3632 West Beacon Light
Road. The public hearing for this item has been closed. This item was continued from
the June 2, 2008 meeting. The applicant is requesting this item he continued to the August
4, 2008 meeting.
Aizpitarte moves to continue A-02-08/RZ-06-08 - Annexation and Rezone from RUT to A-R
- John Vogt to the August 4, 2008 meeting. Seconded by Smith. ALL AYES...MOTION
CARRIES.
B. CU-03-08 - Conditional Use Permit for an Ambulance Service DisDatch Station-St.
Lukes Health Svstem: St. Luke's Health System, represented by ZGA Architects and The
Land Group, Inc., is requesting conditional use permit approval to provide accommodations
for an on site ambulance service dispatch station located at the St. Luke's Regional Medical
Center. The 14.49-acre site is located at the southwest comer of State Highway 44 and
Horseshoe Bend Road at 3101 East State Street. The public hearing for this item has been
closed. This item was continued from the June 2, 2008 meeting. The applicant is
requesting this item he continued to the August 4, 2008 meeting.
Tanner moves to continue application CU-03-08 - Conditional Use Permit for an Ambulance
Service Dispatch Station-St. Lukes Health System to the August 4, 2008 meeting. Seconded
by Felix. ALL A YES...MOTION CARRIES.
6. PUBLIC HEARINGS:
A. PP-02-08 - Preliminarv Plat for Blackbird Subdivision - Jeoffrev and Colette Nvbom:
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 I, of Bakers Acres Subdivision, on the northeast comer
ofthe Ballantyne Lane and Hereford Drive intersection at 660 North Ballantyne Lane. This
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item was continuedfrom the July 7,2008 meeting. The applicant is requesting this item be
continued.
Mike Williams, City Planner, asks that this item be remanded.
Aizpitarte moves that PP-02-08 - Preliminary Plat for Blackbird Subdivision - Jeoffrey and
Colette Nyborg to remanded back to staff. Seconded by Felix. ALL AYES...MOTION
CARRIES.
B. A-01-08/RZ-01-08 & 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, 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, 8-10t (7-buildable, 1 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. This item was continued from the July 7, 2008 meeting.
Aizpitarte introduces the item.
Tanner recuses himself as the applicant is a client of his law firm.
Shawn Nickel, 6223 N. Boise, Idaho. Reviews the application. Would like to discuss four items
within the staff report. This area falls in the Park Lane Planning Area. Reads a portion of the staff
report. Staff had concerns with parking. Discussion of code requirements for parking.
Felix and Aizpitarte asks about parking spaces. Mr. Nickel discusses the western boundary of the
area. Have a written agreement with the neighbors. Proposing a 6 foot solid vinyl fence. Asking
for a minimum of 12 feet - well away from the neighbors house. Stands for questions from the
Commission. Roehling discusses the adjacent property. This is vacant property at this time.
Mike Williams, City Staff, reviews the staff report. Discusses TLIP and parking requirements.
Stands for questions from the Commission. Addresses 3.7 - page 28 and 29. Addresses the 9
feet. ITD is requiring 100 feet be dedicated. (3.10) Applicant shall submit a DR for landscape.
3.13 - pathway discussion. Pathway to be 10 feet in width. Comp Plan discusses routing in this
area for pedestrian traffic. Discusses of sidewalk and bike lane. Discusses the parcel that is not
included in this subdivision. Strike the clause. Smith asks about the extent of the pathway.
Williams states that this applicant should be required to go through the parks and pathways
process. Asks for the Commission to add parcel B. There will be ajoint parking agreement that is
all inclusive. Discusses appropriate landscaping per the design review.
Smith asks about vinyl fencing. Williams explains that you lose connectivity with vinyl fencing.
Vinyl is ineffective for sound barrier.
Roehling asks about future development to the west. Discussion of the canal. How far is it to
walk from site A to site B? Approximately 60 feet. Discussion of safety issues within parcel B.
Smith asks about the walking path. General discussion.
Aizpitarte opens the public hearing.
No one from the public chooses to speak.
Shawn Nickel rebuts testimony. Discusses the coffee shop. There is approximately 60 feet from
where the parking is at. Believes the coffee shop will capture trips.
Felix asks about parking and the location. Has concerns with the distance from the parking to the
coffee shop. Smith has concerns with the attraction from the high school and concerns with
incoming traffic. There was a condition from ACHD that the turn be a right in only. This is will
hopefully avoid congestion. Felix asks how the exit was planned. There is a full turn. Smith asks
about how the traffic - if it gets out of hand.
Aizpitarte closes the public hearing.
Discussion amongst the Commission.
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Smith has concerns with the traffic. Happy with the fact the neighbors have been consulted.
Felix discusses the pathway. Feels it makes since to wrap around Old Valley. The landscape
buffer and vinyl is fine as the neighbors are fine with it.
Roehling feels it is a well thought through proposal.
Aizpitarte agrees. Old Valley road used to be the old State Street. Does have some issues with the
traffic.
Aizpitarte moves recommend for approval A-01-08/RZ-01-08 Annexation and Rezone from
RUT to MU-DA for Old Valley Plaza Subdivision with the following conditions: #3.7 - Mike
Williams - if you're not going to require this to be part of the preliminary plat, if you're going to
leave parcel B out I would ask that you strike "shall be incorporated into the entire development
(subdivision) and just add the restaurant with drive-thru (coffee/cafe shop) parcel B shall be
designed in a manner that complements and operates within the development as a whole" and then
the rest ofthe verbage. So noted by Aizpitarte. 3.10 What we would like to do is strike - six
foot (6') high solid decorative block wall, cultured stone, decorative rock, or similarly
designed concrete wall fencing within the twenty foot (20') wide buffer and we would like to
include - 6 foot vinyl fence within the (20') wide buffer area adjacent to the western
boundary line. Mike Williams - since the area that's north that's adjacent to lot 3 will not be 20
feet, can we just state within the buffer area adjacent to the - So noted again by Aizpitarte. The
design review application shall be reviewed and approved by the Eagle Design Review
Board, City of Eagle prior to submittal of the final plat and appropriate landscaping next to
State Street. 3.13 Applicant shall provide pedestrian and bicycle public access within the
site to the, I have crossed out 10 foot wide regional pathway. Is there a reason why I have
that ctossed out? Mike Williams - I would recommend - Applicant shall provide pedestrian and
bicycle public access, strike from within 5 to 10 foot to be constructed adjacent to Old Valley
Road. Aizpitarte - on 3.17 - I'd written this in - it says the development shall include a 25 foot
buffer area adjacent to the western boundary of the subdivision or other buffer agreed by to the
neighbor to the west. Mike Williams ask that he strike that entire condition of development since
how you have addressed it in condition #3.10. Aizpitarte strikes 3.17. Add 3.20 - the
development agreement shall be enforced with perpetuity. That's for the development
agreement that's not part of this? Mike Williams - that's part of the actual verbage within the DA
itself it's not a condition. The one condition I would ask that you, I can come with the verbage for
that so when you look at your findings go through and make sure they read like the motion you
made. I will come up with some verbage to address the Moore's request for what kind offencing
or buffering so we can plug in an exhibit if they come up. I believe they are going to provide some
kind of an agreement with the Moore's whether it be in letter form then we can use that as an
exhibit as part of the development agreement. So noted by Aizpitarte. Seconded by Smith.
THREE AYES (Tanner recused).. .MOTION CARRIES.
Aizpitarte moves to recommend approval ofPP-01-08 - Preliminary Plat for Old Valley
Plaza Subdivision - Strike condition #4. Strike #9. Strike #6. Strike #7. Seconded by Felix.
THREE AYES (Tanner recused)...MOTION CARRIES.
Aizpitarte moves for A-01-08/RZ-01-08 Annexation and Rezone from RUT to MU-DA and
Preliminary Plat for Old Valley Plaza Subdivision, 4149 State Street, LLC add condition
3.21 that talks about all setbacks - all buildings be setback to a minimum of 7 Yz feet to all
property lines to be defined by staff more specifically - and 20 feet from the property line
adjacent to State Highway 44. Seconded by Roehling. THREE AYES (Tanner
recused)...MOTION CARRIES.
7. REPORTS:
A. Commission: Smith asks some general questions about the City Forester and a gentleman
from the fire station.
B. City Attorney: None.
C. Staff: None.
8. ADJOURNMENT:
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Aizpitarte moves to adjourn. Seconded by Felix. THREE AYES (Tanner
recused).. .MOTION CARRIES.
Hearing no further business the Planning & Zoning Commission meeting adjourned at 7:40 p.m.
RESPECTFULLY SUBMITTED:
~~l<~
"SHARON K. BERGMANN
CITY CLERK/TREASURER
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