Minutes - 2009 - Planning & Zoning - 01/05/2009 - Regular
THE CITY OF EAGLE
Planning & Zoning Commission Minutes
January 5, 2009
1. CALL TO ORDER: Meeting called to order at 6:03 p.m.
2. ROLL CALL: Present: Smith, Aizpitarte, Tanner, Roehling. Absent: Felix.
3. CONSENT AGENDA:
. Consent Agenda items are considered to be routine and are acted on with one motion. There
wilJ 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 wilJ 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 December 15,2008.
E. Findin!!s of Fact and Conclusions of Law for PP/FP-02-08 - Arts West Subdivision No.2
Ea!!le Island Crossin!!. LLC: Eagle Island Crossing, LLC, represented by Kammie Oates
with Horrocks Engineers, is requesting combined preliminary plat and final plat approval for
Arts West Subdivision No.2 (a re-subdivision of Lot 6, Block 2 of Arts West Subdivision).
The 2.78-acre subdivision wilJ consist of four (4) commercial lots. The site is located on the
north side of State Highway 44 approximately 1,320 feet east ofN. Park Lane, on Lot 6, Block
2, of Arts West Subdivision.
Aizpitarte introduces the Consent Agenda.
Tanner moves to approve items 3A and 3B on the Consent Agenda. Seconded by Smith.
ALL AYES...MOTION CARRIES.
4. NEW BUSINESS:
A. Election of Chairman and Vice-Chairman.
Aizpitarte moves to move item 4A to item 6A. Seconded by Tanner. ALL
A YES...MOTION CARRIES.
B. 200800614-CU - Commercial Outdoor Ridin!! Arena Facility - Andrew and Karena
Zakorena: Andrew and Karena Zakorena, represented by Shawn Nickel with Rose Law
Group Borton, is requesting the approval of a conditional use permit for a commercial outdoor
riding area facility. The 6.35-acre site is located approximately 1,680-feet south of the
intersection ofW. Homer Road and W. Haven Drive on the south side ofW. Haven Drive at
2641 W. Haven Drive. This site is located in the Eagle Area ofImpact.
Tanner recuses himself as Shawn Nickel is an employee with their law firm.
Aizpitarte introduces the item.
Paul Fitzer, City Attorney, clarifies the public hearing rules.
Shawn Nickel, Rose Law Group, reviews the application. Would like the Commission to send
forward an approval with Conditions provided by staff to the Council.
Roehling asks about dust mitigation and the supplemental conditions Mr. Nickel had submitted on
his letter.
Mike WilJiams, Planning Staff, reviews the application. These conditions are based on Eagle City
Code. Ada County has jurisdiction on this application. The City can only make a
recommendation.
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Smith is curious about dust mitigation techniques. Planner Williams explains that oil, or dust oil
could be used. Shows an aerial photograph of the proposed application.
Roehling asks about standard conditions of approval. Asks for an explanation of some of the
conditions. Wants a definition of what dusk is. General discussion. The City does not regulate
animal densities.
Aizpitarte opens the item up for public comment.
Jonathin Seel, 2906 Haven Drive. Gives a history of the applicant's property. The applicants did
have a meeting at their property. He did not get notified of this application. Feels the conditions
were generated by the applicant. Feels there should be a limit on how many horses allowed.
Smith asks about the letter that was submitted by Mr. Nickel. They were not aware ofthis item
being on the agenda. Has there been other problems over the years? Mr Seel- there are very few
homes on this road. There was a complaint filed. Roehling asks about the nature of his complaint.
Mr. Seel believes it was the smell of the manure and number of horses. Roehling asks what
measures would satisfy him. Seel wants the number of horses limited, dust control, hours of
operation.
Richard Truedeau, 2640 Haven Drive, wants to address the application process. Gives a brief
history of the area. Believes that boarding horses delivers as much traffic as a riding arena. Has
major concerns about dust.
Roehling asks about the complaint earlier this year. Part of the complaint was the odor.
Diane WilJiams, 2685 Haven Drive, wants to have rights as a property owner. Has concerns that
she was not notified about this meeting.
Patricia Minkiewicz, lives in Buckhorn Estates. There are 48 properties with 5 acres. They are all
allowed up to 5 horses. Concerned about precedents in number of horses. Is this going to be a
year around arena? Does not want the lights. Discusses the Swig arena. The lights and the sound
were removed from the proposal.
Barb Jekyl, 2682 Haven Drive. Thought there were restrictions in the CC&R's. Has concerns
with the traffic. Other people wilJ come to see, not just participant traffic.
Shawn Nickel, rebuts the concerns of the neighbors. Was not prepared for testimony from the
public or they would have had supporting information ready. Discusses the CC&R's. They state
that there can be 5 horses per acre. The hay delivery happens once a year. Does not feel that this
is an obtrusive use. The applicants average 1.4 visits per day. Discusses the past complaint and
that mitigation of these could be conditions of approval.
Smith discusses the report they read through. Thought it is was considerate for the arena to be
located towards the back of the property. Discusses impacts to the neighbors. Discusses how well
have they worked with the neighbors.
Roehling commends the applicants on taking actions on specific items. Feels communication with
the neighbors is very important. Does not feel he can support the application as written.
Aizpitarte agrees with what has been said.
Aizpitarte moves to recommend for denial number 200800614-CU - Commercial Outdoor Riding
Arena Facility for Andrew and Karena Zakorena with the following recommendations to maybe
have this be approved but at four and a half acres I don't want to see the density of horses be more
than 2.5. That's 2.5 horses per acre. I'm giving about a half a horse cause I figured two horses per
acre but since it's four and a half, horses have an ability to move around. So that's Site Specific
Condition #8. Site Specific Condition #9 is that there will be a concerted effort for dust mitigation
not only in the access road but actually in the arena itself and I want to say using the best developed
or demonstrated unavailable technology - BDAT whatever that is for dust suppression. That is Site
Specific Condition #9. Site Specific Condition #10 is going to be that this arena will operate from
sunrise to Y2 hour before sunset. Seconded by Smith. Discussion regarding opening time. Aizpitarte
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amends his motion to reflect 8 to 8. Discussion on amount of students. Aizpitarte amends motion to
show a maximum of 4 students per day, I think that would be Site Specific Condition #11. Planner
Williams asks for clarification. Aizpitarte would like to reflect Site Specific Condition #4 it says - As
proposed by the applicant, the commercial riding academy and stables shall be limited to a
maximum four (4) students per day. Smith discusses neighborly interaction and other items discussed
during public comment. Planner WilJiams clarifies condtions. #8 - the number of horses should not
exceed 2.5 horses/acre based on 4.5 acres of pasture. #9 - The applicant should provide dust mitigation
measures to control the dust within the outdoor riding arena and the driveway providing access to the site.
Aizpitarte amends his motion as stated. # 1 0 - The applicant should notify the neighbors prior to the
delivery of hay to the site. As proposed by the applicant, the commercial riding academy and stables shall
be limited to a maximum offour (4) students per day. Hours of operation for any use of the facility not
associated with the personal use ofthe applicant shall be restricted to 8:00 AM to 8:00 PM. The County
should be responsible for addressing complaints and the applicant's compliance with this condition.
Aizpitarte amends his motion as stated. Second concurs (Smith). THREE AYES (Tanner
recused).. .MOTION CARRIES.
A short recess is called.
Meeting reconvenes at 8:12 p.m.
5. PUBLIC HEARINGS:
A. A-07-07/RZ-09-07/PP-11-07 - Stillwater Business Park - Tri Cedars Mana!!ement Co.
LLC: Tri Cedars Management Co. LLC, represented by Ron Bath, is requesting annexation
and rezone from RUT (Rural Urban Transition), PS-DA (Public/Semi-public with a
development agreement) and A-R (Agricultural Residential) to BP-DA (Business Park with a
development agreement) and preliminary plat approval for Stillwater Business Park, a 16-lot
(I3-buildable, 3-common) commercial development. The 30.38-acre site is located
approximately 1,300 feet west ofW. Ballantyne Road on the south side ofW. State Street (SH
44) at 2505 W. State Street (SH 44). This item was continued/rom the December 15,2008
meeting.
Aizpitarte introduces the item.
Ron Bath gives an overview of the application. Stands for questions from the Commission. Brief
discussion on round-a-bouts.
Ted Vanegas, City Staff, reviews the staff report. There are two conditions he would like added.
Discusses transit oriented development. Development of lot 6 block 2 shall include an 8 foot wide
minimum pathway to link connectivity. Provide a revised preliminary plat to showing landscape
islands in the roadway system. Stands for questions from the Commission. Smith asks about
concerns of tlooding. General questions about the water.
Roehling discusses Site Specific Condition numbers 6& 7. Has some issues with the wording on
Site Specific Condition # 1 0 struggling with the wording. Clarification on the wording by Planner
Vanegas.
Aizpitarte asks if any of the development would be in the tloodway. There wilJ be none.
Discusses pathway accesses.
No one is here from the public to speak.
Ron Bath answers some questions raised by the Commission. They are right next to the sewer
plant. They are requested by both Eagle Water and the City to service the area. Discusses the
access to the property.
Aizpitarte closes the public hearing.
Discussion amongst the Commission.
Roehling feels this was well thought through. Is supportive of the proposal with the modifications
that have been discussed.
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Tanner, Smith and Aizpitarte concur.
Tanner moves to recommend approval of item SA - A-07-07/RZ-09-07/PP-11-07 - Stillwater
Business Park - Tri Cedars Management Co. LLC subject to the staff's conditions of
approval for the annexation and rezone with the addition of item 3.26 as stated by staff
regarding the development of lot 6, block 2 - including an 8 foot wide pathway that links the
interior sidewalks and paths to the greenbelt, I guess we can just do it as they have it
prepared and discussed with the applicant. Also subject to the Site Specific Conditions of
Approval with the addition of paragraph 26 - to provide revised preliminary plat with
landscaped islands with signage for public parking and public parking spaces as determined
by the development agreement. Seconded by Aizpitarte. Discussion. Tanner amends his
motion to have the parking signage and spaces be included with 3.26. Second concurs. ALL
A YES...MOTION CARRIES.
B. ZOA-03-08: An ordinance of the City of Eagle, Idaho, a municipal corporation of the State of
Idaho, amending Title 8, Chapter 6, Section 6 and Chapter 7, Section 3 of the Eagle City
Code; and amending Title 9, Chapter 2, Sections 3 and 4 of the Eagle City Code; providing a
repealer clause; providing for severability; and providing an effective date. The proposed
ordinance amendment, in brief, pertains to approval of extensions of time relative to
conditional use permits, preliminary and final plats, and preliminary and final development
plans for planned unit developments. The ordinance would allow for administrative approval
of a single extension of time and additional time extensions if approved by the City Council.
This item was continued/rom the December 1,2008, meeting.
Aizpitarte introduces the item.
Jeff Lowe reviews the proposed ordinance. Clarification of the intent is given to Commissioner
Roehling. Asks about specific wording he would like clarification on. Discussion on the cut-off
time for application submittal. Clarification on 4th page - item C - there is some confusion
between constructed and submitted. General discussion. In such phased of construction shall be
commenced. Tanner notes that there is a reoccurrence of the same language. Needs to be
clarification on the construction and time frames. Roehling asks what is excepted practice as far as
"timely" goes. Paul Fitzer, City Attorney, explains the process. Tanner asks about the appeal
process feels the language may be too broad, possibly additional conditions that could be placed
on the application. Mr. Fitzer informs the Commission that the Zoning Administrator's decision
"must" be appealable. Planner Lowe explains that the appeal process is spelled out more clearly in
Title 8. Tanner asks about language under Final Development Plan - at the end, regarding public
interest language. General discussion. This language can be revisited.
Aizpitarte moves to continue this item to the date specific time of February 2nd. Seconded by
Roehling. ALL AYES.. .MOTION CARRIES.
C. ZOA-04-08: An ordinance of the City of Eagle, Idaho, a municipal corporation of the State of
Idaho, amending Title 8, Chapter 1, Section 2; Chapter 2, Section 1; and Chapter 3, Section 5
of the Eagle City Code; providing a repealer clause; providing for severability; and providing
an effective date. The proposed ordinance amendment, in brief, is to promote and better
define the intended character and appropriate uses for Business Parks, and to establish criteria
for portable classrooms and temporary subdivision sales offices to better regulate said uses.
This item was continued/rom the December 1,2008, meeting.
Aizpitarte introduces the item.
Jeff Lowe reviews the proposed ordinance. Would like to have some dialogue on this ordinance.
Need to define ancilJary uses, etc. General discussion. Planner Lowe provides clarification on
portable classrooms and sales offices. Smith asks about some wording on subdivision sales office
which reads: May also be turned a model home if located within a dwelling. Planner Lowe
defines the meaning and agrees that this language could use some clarification.
Aizpitarte moves to continue to the date certain time of February 2nd. Seconded by Smith.
ALLA YES...MOTION CARRIES.
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6. REPORTS:
A. Election of Chairman and Vice-Chairman. (moved by previous motion)
Aizpitarte moves to nominate Tanner for Chairman. Seconded by Smith. ALL
AYES.. .MOTION CARRIES.
Roehling recommends Smith for Vice-Chairman. Smith states that should it be offered to him, he
would respectfully decline.
Tanner moves to appoint Roehling as Vice-Chair. Seconded by Smith. ALL
A YES...MOTION CARRIES.
B. Commission: Smith wants to know where the St. Luke's application stands. Planner WilJiams
states that this has been through the Council and approved. There was a revised landscape
plan provided. Smith also asks for an update on the Chinden and Under application and how
appeal process would work. Planner Williams informs him that it is going through the county
approval process.
C. City Attorney: None.
D. Staff: None.
7. ADJOURNMENT:
Tanner moves to adjourn. Seconded by Aizpitarte. ALL AYES...MOTION CARRIES.
Hearing no further business the Planning & Zoning Commission meeting adjourned at 9:25 p.m.
RESPECTFULLY SUBMITTED:
~Dd
DAVE AIZPIT A E
CHAIRMAN
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SHARON K. BERGMANN
CITY CLERK/TREASURER
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EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
ZOA-03-08 — The City of Eag
January 5, 2009
ADDRESS/ TESTIFY
TELEPHONE/E-MAIL YES/NO? PRO/CON
EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
ZOA-04-08 — The City of Eaale
January 5, 2009
ADDRESS/ TESTIFY
TELEPHONE/E-MAIL YES/NO? PRO/CON
EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
A-07-07/RZ-09-07/PP-11-07 - Stillwater Business Park - Tri Cedars Manaeement Co. LLC
NAME
January 5, 2009
ADDRESS/ TESTIFY
TELEPHONE/E-MAIL YES/NO? PRO/CON
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CITY OF EAGLE
JAN 0 5 2009
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