Minutes - 2009 - Planning & Zoning - 12/07/2009 - Regular
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION
MEETING MINUTES
December 7, 2009
ORIGINAL
1. CALL TO ORDER: Chairman Tanner calls the meeting to order at 6:06 p.m.
2. ROLL CALL: Present: Tanner, Roehling, Villegas
Absent: Aizpitarte, Smith
3. CONSENT AGENDA: None
4. UNFINISHED BUSINESS: None
5. PUBLIC HEARINGS:
A. RZ-12-09 - Rezone from PS (Public/Semipublic) to R-l (Residential- UP to One (1) Unit
per Acre) - Christy Radcliffe: Christy Radcliffe, represented by Shawn Nickel, with YP,
LLC, is requesting approval of a rezone from PS (Public/Semipublic) to R-I (Residential up to
one (1) unit per acre). The 0.87-acre (37,897 square foot) site is generally located at the
northeast corner of the intersection of East Hill Road and Dicky Drive.
Tanner discloses, to make sure there is no confusion, that Shawn Nickel, the representative ofthe
applicant and he use to be employed by the same office, in the near past. He has had no
communications with Shawn directly regarding this application and hasn't been involved in it in any
way or aspect.
City Attorney, Paul Fitzer: I am assuming that you don't benefit one way or the other based upon
either an approval or denial of this application.
Tanner: That is correct, I do not.
Attorney Fitzer: Do you feel you would be able to render your judgment on this issue objectively?
Tanner: Yes, I believe I can.
Tanner introduces the issue.
Shawn Nickel, 148 N. 2nd Suite 101, Eagle, representing the property owners on the application,
covers what they are requesting and shows the location of the property on the site map and that it does
not touch Hill Road. He covers the size of the property, reviews current zoning and what is proposed.
He discusses the history as to why the property is currently zoned PS. He states from there City Staff
will cover the details of the history.
Tanner asks Nickel, ifthere is a reason why the zoning of the lot was changed. Was it an oversight at
the time?
Nickel states he believes it was discussed in 1997 by the Planning and Zoning Commission and City
Council but the applicant was not aware this was going on at the time. I believe it was a clean up of
the overall area in the Comprehensive Plan and code.
The Commission has no further questions at this time.
Zoning Administrator, Bill Vaughan gives the history of the site such as platting and changes of
ownership. He discusses Eagle's Comprehensive Plan in relation to the history of this property, the
change of zoning to Public/Semi-Public, along with the relevant factor of a past vicinity map.
City Planner, Mike Williams discusses what the current rezone application is proposing and what
Publici Semi-Public would entail. He shares a section of City Code displaying permitted uses. He
then discusses use options such as emergency services, personal wireless facilities, and veterinarian
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THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
December 7, 2009
clinic. He defines the height restrictions that pertain to the property, states staff is recommending
approval, and stands for questions.
Villegas asks the site map be shown again seeking clarification on surrounding zoning of the parcel.
City Planner, Mike Williams provides clarification.
Tanner opens the public hearing.
Dewain Glubag, 500 dickey drive, Eagle, states that he is neither for nor against the thought of this
dwelling, although he does have comments that he wants to add. He discusses the large amount of
metal materials under the gravel, buried between five to ten feet below the surface, on the property.
Also he states he would like to know how many feet deep this property is and how long in footage.
He asks about the proposed plans for the knoll behind this property, which may currently be part of
the park. He would like to know if it is going to be knocked down or left as is.
Robert Morken, 220 I Dicky Circle, Eagle. He states his property looks down into the discussed area
and he is against the zoning. He states he has a concern with an elevation change as the proposed
height is significant and the length of property is short. He is also concerned about the water and
resources for the property.
Scott DeChambeau, 329 N. Dicky Drive, Eagle, lives right across the street from where the proposed
house is to be. He is concerned about the size and dimensions of the lot and how a house would fit.
Steve Deckers, 2249 Dicky Circle, Eagle, is a resident of Evans Sub number three which is directly to
the north of this property. He states he is here to ask for protection of the park space but also
protection of boundaries and original intent of the property. This property was intended as park
space. He discusses the time line shared by Staff and the timeline of Steve Guerber's administration.
He then states that when the zoning caught up with the Comprehensive Plan we are talking along the
order of 13 years, a long time, this is not something that just happened recently. He states the
commission needs to ask themselves the difference of impact of residential versus public space.
South East corner of the property is Guerber Park. Some call it Protest Hill. He feels this is one of
the most active features of this park. All kids are drawn to Protest Hill, more so than the swings or
water feature. He discusses the elevation and grade of the hill in relation to where the house is being
proposed to be built. He discusses past Mayor Merrill's efforts to discuss with owners to create a
lease on the property for the park. He states the Commission needs to realize they have full discretion
and also asks they ask whether or not this is in compliance with the spirit of the Comprehensive Plan.
Tanners asks Mr. Deckers what he finds more objectionable for this site: a single family residents
versus any of this listed permitted uses, keeping in mind they would move forward without any
further approval other than design review.
Mr. Deckers states that his standpoint is that he just wants it to be part of the park and kept as open
uses.
Dave Beggrow, 2062 Hill Road, Eagle, the owner of the property, has the six acres that are zoned R-
1. He states his daughter wanted to live there. He always thought this was R-I, and has never had
any formal thing saying that the zoning was going to be changed. He states that about 3 years ago
Steve Guerber said the City would like to lease the property but after that meeting nothing else
changed. He states he doesn't have interest in any other use. He states he just wants to get things
back to the way it was understood and there is no "bullying" taking place.
The representative, Shawn Nickel, provides a rebuttal. He states he is not aware of any debris but
compaction testing will be done and if there is an issue it will have to be mitigated. He discusses the
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THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
December 7, 2009
water and sewer for the property, and the probable location of the house in relation to the dimensions
of the lot lines.
There are no further questions from the Commission.
Tanner closes the public hearing and begins deliberation.
Villegas discusses how the changes in zoning in the past without noticing are a rather strange set of
facts. He then discusses his summary of the testimonies heard and states that although parks are good
interest, this case is dealing with a piece of private property. He discusses the testimony by Mr.
Deckers and the different options for uses asking which would be the most harmonious. He asks
Counsel if, besides the rezone, there is anything else that needs to go through with this, any other
applications, other than the Comprehensive Plan map change.
City Attorney Fitzer: No, the Comprehensive Plan map change will need to be down but that will
happen in the next 6 month scheduled change. That is all that will need to be done. As far as this
application, the analysis needed has been done, from a legal perspective.
Villegas states he is inclined to recommend approval of the rezone application.
Roehling states that he concurs with the analysis done by Villegas. He feels that a rezone does not
just happen overnight. There is a great deal of public record that happens for a rezone to take place
but in this instance it is clear that the action was not initiated by the property owner. He feels that the
City restricting the property owner to use it as its permitted use seems like confiscation and from that
standpoint he supports the rezone, while still seeing the valid points about the parks.
Tanner states he does not know how to say it any better and agrees with both Villegas and Roehling's
comments. He is in support of recommending approval.
Roehling moves to approve RZ-12-09 - rezone from PS (Public/Semipublic) to R-l (Residential
- up to one unit per acre). Seconded by Villegas. ALL A YE...MOTION CARRIES.
6. NEW BUSINESS: None
7. REPORTS:
A. Commission: None
B. City Attorney: None
C. Staff: None
8. ADJOURNMENT:
Tanner moves to adjourn. Seconded by Roehling. ALL AYE...MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 6:48 p.m.
RESPECTFULLY SUBMITTED:
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
December 7, 2009
SUBJECT: RZ-12-09 - Rezone from PS (Public/Semipublic) to R-1 (Residential — UP to One (1) Unit
per Acre) - Christy Radcliffe: Christy Radcliffe, represented by Shawn Nickel, with YP, LLC, is
requesting approval of a rezone from PS (Public/Semipublic) to R-1 (Residential up to one (1) unit per acre).
The 0.87 -acre (37,897 square foot) site is generally located at the northeast corner of the intersection of East
Hill Road and Dicky Drive.
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