Minutes - 2009 - Planning & Zoning - 11/23/2009 - Special
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION
SPECIAL MEETING MINUTES
November 23, 2009
ORIGINAL
1. CALL TO ORDER: Chairman Tanner calls the meeting to order at 6: 1 0 p.m.
2. ROLL CALL: Present: Aizpitarte, Smith, Tanner, Roehling, Villegas.
Absent: None
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. Findine:s of Fact and Conclusions of Law for A-04-09/RZ-04-09 - Annexation and
Rezone from RUT (Rural-Urban Transition - Ada County desil!nation) to MU-DA
(Mixed Use with a development ae:reement) - Capital Development, Inc.: Capital
Development, Inc., represented by Dave Y orgason, is requesting approval of an annexation and
rezone from RUT (Rural-Urban Transition-Ada County designation) to MU-DA (Mixed Use
with a development agreement). The 11 0.56-acre site is generally located on the west side of S.
Meridian Road and the north side ofW. Chinden Boulevard (Highway 20/26) approximately
835 feet west of S. Meridian Road.
B. Findine:s of Fact and Conclusions of Law for CPA-07-08/A-05-08/RZ-ll-08-
Comprehensive Plan Map and Text Amendment from Public/Semi-Public and
Transitional Residential to Mixed Use, Professional Office, and Transitional Residential
and an Annexation and Rezone from RUT (Rural-Urban Transition-Ada Countv
Desie:nation) to MU-DA (Mixed Use with a development ae:reement) for Wilson
Properties, L.P. and Wilson Holdine:, LLC: Wilson Properties L.P. and Wilson Holdings,
LLC, represented by Gene Shaffer with CSHQA, is requesting a Comprehensive Plan Map and
Text Amendment to change the land use designation on the Comprehensive Plan Future Land
Use Map from Public/Semi-Public and Transitional Residential to Mixed Use, Professional
Office, and Transitional Residential, and to amend the language in the Rim View Planning
Area; an annexation and rezone from RUT (Rural-Urban Transition - Ada County designation)
to MU-DA (Mixed Use with a development agreement). The +/- 83.79-acre site is generally
located at the northwest corner ofN. Fox Run Avenue and Chinden Boulevard (Highway
20/26) at 6479 N. Fox Run Avenue and 990 W. Chinden Boulevard.
Chairman Tanner introduces the items on the Consent Agenda. Victor Villegas recues himselffrom this
item as he did from the public hearing for this item.
City Attorney Buxton provides clarification for the record that Villegas has a conflict of interest under Title
67 Chapter 65 with regard to his familial relationship with one of the applicants.
Aizpitarte moves to remove item 3A the Findings of Fact and Conclusions of Law for A-04-09/RZ...;
04-09, an Annexation and Rezone from RUT to MU-DA Mixed Use with a development agreement
from Capital Development, Inc. and item 3B the Findings of Fact and Conclusions of Law for CP A-
07-08/A-05-08/RZ-ll-08, a Comprehensive Plan Map and Text Amendment from Public/Semi-
Public and Transitional Residential to Mixed Use, Professional Office, and Transitional Residential
and an Annexation and Rezone from RUT to MU-DA for Wilson Properties, L.P. and Wilson
Holding, LLC from the Consent agenda. Seconded by Smith. Discussion regarding why the Findings
are being removed from the consent agenda and the proper procedure to do so. ALL AYE.. .MOTION
CARRIES.
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City Attorney Buxton addresses the request for mediation by Ryan Moore. Applicant has declined to
participate in mediation at this time. Attorney advises/recommends the Commission pass the option of
mediation on to City Council.
Tanner moves that the request for mediation be moved on for consideration by the City Council at
the next scheduled Council meeting to be held in December. Seconded by Aizpitarte. Discussion:
General discussion regarding the mediation request. Tanner amends the motions to include that the
request for mediation was by Ryan Moore, the president of the Foxtail Home Owners Association.
Second concurs. ALL AYE...MOTION CARRIES.
City Attorney Buxton addresses the email sent to the City regarding the complaint that Commissioner
Aizpitarte has a conflict of interest related to the Planning and Zoning Findings of Fact and Conclusions of
Law for the Wilson application. She asks to have the Commission act on Item 3A first.
Aizpitarte moves to adopt the Findings of Fact and Conclusions of Law for A-04-09/RZ-04-09 -
Annexation and Rezone from RUT to MU-DA (Mixed Use with a development agreement) for
Capital Development Incorporation with striking Commissioner Aizpitarte's note on page 21.
Seconded by Tanner. Discussion regarding which items Commissioner Aizpitarte is able to vote on and
the order in which the items are being reviewed. ALL AYE...MOTION CARRIES.
City Attorney Buxton addresses the conflict concern raised by Mr. Trosper which was sent via email. She
asks Mr. Aizpitarte questions to clarify whether there is merit to the conflict claim only tied to Findings of
Facts and Conclusions of Law. She concludes there is not a conflict. The Commission agrees and accepts
the City Attorney's analysis.
City Attorney Buxton then addresses conflict concern regarding Commissioner Aizpitarte's relationship
with Dan Thompson. Commissioner Aizpitarte provides clarification as to their work relationship. He
states that they had worked together in the past but have not done so on this application. Aizpitarte states
that his company does not work for developers.
City Attorney Buxton states there are no further questions of Mr. Aizpitarte.
Roehling asks about Aizpitarte's relationship to Dan Thompson and if there were any concerns with regard
to future economic gain due to the relationship. Aizpitarte states he does not have any current or future
business or economic benefit from Dan Thompson in relation to this action or proceeding.
City Attorney addresses Idaho Code Section 67-6506 as it relates to conflicts of interest.
City Attorney asks the Commission if the statement from the applicant that the previous Mayor and or
Council had asked them to 'annex their property' had influenced their decision. Each Commissioner states
that the statement did not influence them one way or the other.
Attorney clarified there is no direct or potential economic conflict of interest as it relates Commissioner
Aizpitarte and the Wilson application.
Tanner moves to approve Item 3B on tonight's agenda, Findings of Fact and Conclusions of Law
forCPA-07-08/A-05-08/RZ-ll-08. Seconded by Roehling. Discussion regarding ITD's
recommendations for the right in right out and traffic flow, Smith states that his reason for voting against it
was over simplified. He then reaffirms his reasons for voting against. He reiterates that he felt the
developers presented a very powerful presentation. He said it was a matter of equity and exchange. The
issue here is where the people that came into that community had an expectation of what the community
expected when they moved there with dependence on local community's plans and ordinances. What do
the local citizens get in exchange for this massive development? He discusses the overwhelming amount
of homes and businesses. His sympathies lay with the local residents as he feels they have been
manhandled and pushed around. He feels there is no fair exchange for the loss. It is not just the quality of
life, there is no fair exchange. He believes in honoring commitments and feels there were good intentions
but it was not honored. He feels there should be an obligation of the developers to engage overwhelmingly
with the people.
Tanner amends motion to adjust paragraph D on page 44 of 47 to more adequately address ITD's
concerns that the 600 cars per hour with a right-in/right-out in that location is unacceptable. And
acknowledges Commissioner Smith's clarifying comments regarding his statements in the findings
as to why he voted against the motion. Seconded by Smith. ALL AYE...MOTION CARRIES.
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4. UNFINISHED BUSINESS: None
5. PUBLIC HEARINGS: None
6. NEW BUSINESS: None
7. REPORTS:
A. Commission: None
B. City Attorney: None
C. Staff: None
8. EXECUTIVE SESSION:
A. Personnel Matters: I.C. 9672345 (b)
Aizpitarte moves to go into executive session. Seconded by Smith. Smith: AYE; Roehling: AYE;
Tanner: AYE; Villegas: AYE; Aizpitarte: AYE. ALL AYE...MOTION CARRIES.
Executive session begins at 7:25 p.m.
Tanner moves to leave executive session. Seconded by Roehling. Smith: AYE; Roehling: AYE;
Tanner: AYE; Villegas: AYE; Aizpitarte: AYE. ALL AYE...MOTION CARRIES.
Meeting reconvenes at 7:45 p.m.
9. ADJOURNMENT:
Tanner moves to adjourn. Seconded by Smith. ALL AYE...MOTION CARRIES.
Hearing no further business the Planning and Zoning Commission meeting adjourned at 7:50 p.m.
RESPECTFULLY SUBMITTED:
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APPROVED:
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GARY TANNER
CHAIRMAN
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL.
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