Minutes - 2010 - Planning & Zoning - 01/19/2010 - Special
THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
January 19~ U,IO
Special Meeting Minutes
ORIGINAL
I. CALL TO ORDER: Meeting called to order at 6:05 p.m.
2. ROLL CALL: Present: TANNER, ROEHLING, AIZPITARTE, VILLEGAS. Absent: SMITH
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 November 2. 2009.
B. Minutes of November 16.2009.
C. Minutes of November 23. 2009.
D. Minutes of December 7. 2009.
E. Findines of Fact and Conclusions of Law for 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 O.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 asks to remove item 3B from the consent. Roehling asks that item 3E be removed from
the consent agenda for further discussion.
Aizpitarte would like to find a way to convey, via bullet points or other mechanism, the concerns
of the Planning and Zoning Commission to the City Council. Roehling concurs and states that
part of the burden lays on the Commission to insure that they are stating the motions in a concise
manner. Discussion.
Tanner moves to removes item 3D and 3E from the Consent agenda. Seconded by
Roehling. ALL AYE...MOTION CARRIES.
Item 3B: Chairman Tanner would like his comments clarified on page I of the minutes regarding
his comments on page I pertaining to the findings for RZ-05-09. The changes are to his
comments regarding the decision that was made that evening. In the second paragraph under 3B,
the second sentence should read as follows: "He states that he read the findings and agrees with
the dissenting opinion of Commissioner Villegas, but agrees with the approval of the application.
However in his opinion, there should be no access restriction on Eagle Road." Then under the
highlighted section below that after it says M and H Development, I'd like it to read as follows
"With the addition of a comment from Tanner that full access from Eagle Road should not be
restricted." Striking the part of the sentence "would indicate in favor of considering a..." - just
as clarification.
Item 3E: Commissioner Roehling comments on the request by the applicant to be reimbursed for
the fees associated with that application, since they did not originally request a rezoning and they
are trying to correct what they felt was an error. Roehling recalls that City Planner Mike
Williams made a comment during the hearing regarding the different tax rates based upon the
zoning. He (Roehling) understood that the taxes were, in fact, lower on the property because it
was Public/Semi-Public for many years; than it would have been had it retained the Residential
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zoning designation. Planner Williams states that the tax rate was not tied to the zoning, but to
whether or not there was a building permit available to the property, and for several years it had
been held at a lower rate. The point Roehling would like emphasized in the findings of fact, so
that it wouldn't be missed later on, was that if the applicant is requesting reimbursement for
application fees for rezoning, then he would assume that there has been a tax advantage for that
applicant for many years that they would also be willing to make up that difference.
Villegas states his intent to abstain for items 3B and 3C as he had recused themselves from the
items on those minutes.
Tanner moves to approve item 3B on the Consent Agenda, the minutes of November 16,
2009 with the clarifications earlier provided by Commissioner Tanner. Seconded by
Aizpitarte. THREE AYE...VILLEGAS ABSTAINS. MOTION CARRIES.
Tanner moves to approve 3A, C, D, E as currently drafted. Tanner strikes the motion.
Tanner moves to approve, 3A, D, E as currently drafted. Seconded by Roehling. Tanner strikes
the motion, second concurs.
Tanner moves to approve consent agenda item 3E as drafted, with the addition of
comments provided by Commissioner Roehling. Seconded by Aizpitarte. ALL
AYE.. .MOTION CARRIES.
Tanner moves to approve item 3C minutes of November 23, 2009. Seconded by Roehling.
THREE AYE...VILLEGAS ABSTAINS. MOTION CARRIES.
Tanner items 3A and 3D, minutes of November 2, 2009 and December 7, 2009 as drafted.
Seconded by Roehling. ALL AYE...MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE
5. PUBLIC HEARINGS:
A. CU-OI-09 - Bank Facility with Drive Up Service - Capital Educators Credit Union: Capital
Educators Credit Union, represented by Chad Slichter, with Slichter Architects, is requesting condition
use approval for a bank with drive up service. The 0.971-acre site is generally located at the northeast
corner ofthe intersection of South Eagle Road and East Riverside Drive, Lot 2, Block I, Mixed Use
Subdivision No.2, at 80 East Riverside Drive.
Chairman Tanner introduces the item.
Chad Slichter representing Capital Educators Credit Union 6611 Ustick Rd. Boise, Idaho. Mr. Slichter
reviews the application. There are a couple items that will need to be followed up with the Design
Review Board, and they are working with them. They have no issues with the staff report.
City Planner, Mike Williams reviews the staff report and the request ofthe drive thru lane.
Tanner opens the public hearing.
Tanner closes the public hearing.
Discussion amongst the Commission. Aizpitarte, Villegas, Roehling have no issues with this
application.
Tanner moves to recommend for approval CU-OI-09 Bank Facility with Drive Up Service - Capital
Educators Credit Union as proposed and drafted. Seconded by Roehling. ALL AYE...MOTION
CARRIES.
B. ZOA-03-08 - Zoninl?: Ordinance Amendment: The City of Eagle is proposing to amend Eagle City
Code Title 8 "Zoning", Chapter 6, Section 6 and Chapter 7, Section 3 of the Eagle City Code, and
amending Title 9 "Land Subdivisions", Chapter 2, Sections 3 and 4 of the Eagle City Code.
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
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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.
Chairman Tanner introduces the item.
Staff is requesting that the Commission continue this item to a date specific.
Aizpitarte moves to continue this item to the February 1,2010 meeting. Seconded by Tanner.
ALL AYE...MOTION CARRIES.
C. ZOA-OI-09 - Zoninl?: Ordinance Amendment: The City of Eagle is proposing to amend Eagle City
Code Title 8 "Zoning", Chapter 2A "Design Review Overlay District".
The proposed ordinance amendment, in brief, is to streamline the approval timeline process for Design
Review applications and to amend the provisions for the use of Special Signs.
Chairman Tanner introduces the item.
Zoning Administrator Bill Vaughan reviews the proposed zoning ordinance amendment. Discussion
regarding proposed zoning ordinance text and recommended revisions.
Tanner opens the public hearing.
No one chooses to speak.
Aizpitarte makes a motion to close the public hearing on ZOA-I-09 Zoning Ordinance
Amendment. Seconded by Roehling. ALL AYE...MOTION CARRIES.
Aizpitarte moves to continue to the date certain of February 1,2009 for ZOA-OI-09 to be heard
under finished business. Seconded by Roehling. ALL AYE.. .MOTION CARRIES.
Zoning Administrator discusses the City's current PUD code and its interpretation.
6. NEW BUSINESS: None
7. REPORTS:
A. Commission: Chairman Tanner asks the staff begin providing updates on Council action on planning
related items so they (the Commission) can be kept apprise of current activities. Aizpitarte and Roehling
concur with their desire to have status updates on applications. Zoning Administrator Vaughan confirms
that Planning Staff can start provide updates during the report section ofthe meeting.
Aizpitarte expresses his desire to expand the Commissions authority to be a decision making body vs. a
recommending body. Discussion.
Aiziparte suggests changes to the staff reports. He would like a vicinity map and has other suggestions
he would like to forward to staff for review.
B. City Attorney: None
C. Staff: None
8. ADJOURNMENT:
Tanner moves to adjourn the meeting at 8:13 p.m. Seconded by Roehling. ALL AYE...MOTION
CARRIES.
Hearing no further business, the Commission meeting adjourned at 8: 13 p.m.
RESPECTFULLY SUBMITTED: APPROVED:
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.: l~o\l.'OR-1)>;VA~SCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL.
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
January 19, 2010
SUBJECT: CU -01-09 - Bank Facility with Drive Up Service - Capital Educators Credit
Union: Capital Educators Credit Union, represented by Chad Slichter, with Slichter
Architects, is requesting condition use approval for a bank with drive up service. The
0.971 -acre site is generally located at the northeast corner of the intersection of South
Eagle Road and East Riverside Drive, Lot 2, Block 1, Mixed Use Subdivision No. 2, at 80
East Riverside Drive.
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
1
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
January 19, 2010
SUBJECT: ZOA-03-08 — Zoning Ordinance Amendment: The City of Eagle is proposing
to amend Eagle City Code Title 8 "Zoning", Chapter 6, Section 6 and Chapter 7, Section 3
of the Eagle City Code, and amending Title 9 "Land Subdivisions", Chapter 2, Sections 3
and 4 of the Eagle City Code.
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
1
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
January 19, 2010
SUBJECT: ZOA-01-09 — Zoning Ordinance Amendment: The City of Eagle is proposing
to amend Eagle City Code Title 8 "Zoning", Chapter 2A "Design Review Overlay
District".The proposed ordinance amendment, in brief, is to streamline the approval
timeline process for Design Review applications and to amend the provisions for the use of
Special Signs.
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
I