Minutes - 2010 - Planning & Zoning - 02/01/2010 - Regular
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
February 1,2010
1. CALL TO ORDER: Chairman Tanner calls the meeting to order at 6:03 p.m.
OR'GI~JAL
2. ROLL CALL:
Present: TANNER, ROEHLING, AIZPITARTE, SMITH, VILLEGAS
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 December 7. 2009.
B. Minutes of Januarv 19.2010.
C. Findin2s of Fact and Conclusions of Law for CU-0l-09 - Bank Facility with
Drive Up Service - Capital Educators Credit Union: Capital Educators Credit
Union, represented by Chad Slichter, with Slichter Architects, is requesting
conditional use approval for a bank with drive up service. The 0.971-acre site is
generally located at the northeast comer 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.
Tanner introduces the consent agenda.
General discussion regarding a correction needed in the December 7, 2009, 'minutes.
Tanner moves to approve items 3A, B, and C, as drafted, other than the comments
of revision requested by Roehling on item 3A, the minutes for December 7, 2009.
Seconded by Aizpitarte. Tanner, Roehling, Villegas, and Aizpitarte all vote
A YE...MOTION CARRIES. Smith abstains due to absence.
4. UNFINISHED BUSINESS:
A. ZOA-OI-09 - Zonin2 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
time line process for Design Review applications and to amend the provisions for the
use of Special Signs. This item was continued from the January 19, 2010, meeting.
Zoning Administrator, Bill Vaughan, reviews the application and states staff has nothing
else to add, however, City Attorney, Paul Fitzer, has a few recommendations.
General discussion regarding verbiage throughout the document.
Discussion regarding phrasing, intent, and the effect that discussed changes will have on
the implementation process.
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THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
February 1,2010
General discussion regarding special signs and how the Zoning Administrator's
recommendations are appealable to Council.
Tanner asks for any other comments from staff. There are none.
Aizpitarte moves to recommend for approval ZOA-OI-09, a zoning ordinance
amendment, with the following changes: On number, section I-D-I0, that it reads:
special portable signs shall not be permitted to be on or within any berm or any
portion of landscaping area unless the sign is placed in a location so it is level and
does not either inhibit or block the irrigation system. And then under section2-A-l,
that it read: all minor alterations to existing buildings and sites, including signs,
special portable signs, and minor landscaping. Discussion: Smith states he thinks it
needs to be "an irrigation" rather than "the irrigation" system. Aizpitarte amends
motion to state "an irrigation system". Seconded by Tanner. ALL
AYE...MOTION CARRIES.
5. PUBLIC HEARINGS:
A. ZOA-03-08 - Zonin2 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 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 from the January
19,2010, meeting.
Tanner introduces the issue.
City Staff, Jeff Lowe, gives a brief summary of the application and the contents of the
ordinance.
General discussion regarding the language "designee".
General discussion regarding the appeal process and the corresponding sections in City
code.
General discussion regarding bringing forth a document to allow the Commission to have
the final say on particular application types.
Planner Jeff Lowe continues to review the format of the ZOA.
General discussion regarding phasing and the annual time frame stated.
Zoning Administrator discusses the guidance by Council when making changes to the
code and the actual implementation of the final product. He discusses different options
for the phasing timeframes.
General discussion regarding starting or continuing construction and the requirements for
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THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
February 1,2010
an extension of time application.
General discussion regarding the phasing process for subdivisions and the current year
time frame that has been used.
General discussion regarding phasing plans for developments.
General discussion regarding a year timeframe for completion of a phase.
General discussion regarding the definition of "construction commenced".
City Attorney provides clarification regarding "construction commence" and timeframes
for phasing.
General discussion regarding the conditions under which an extension has to be granted
by Council.
General discussion regarding Conditional Use Permits.
City Attorney provides clarification on conditional use permits and that ownership does
not change anything, it runs with the land, that a prospective buyer of that land would be
made aware of the permit during due diligence. All ordinances are presumed to be
known. He states a conditional use permit is an entitlement that runs with the land and
should sound like a benefit.
General discussion regarding the "designee" verbiage.
General discussion regarding the term minor, as far as the impact a conditional use permit
would have on its surroundings.
Zoning Administrator gives an example of an assisted living facility and its impact on
neighbors.
General discussion regarding financial sureties for subdivisions and why "bonds" is not
the correct term for this section.
General discussion regarding appeal process and time line.
Tanner closes the public hearing.
General discussion regarding continuance of this item to allow the Commission to review
the next draft staff provides.
Aizpitarte moves to continue ZOA-03-08 to the date specific meeting of February
22od. Seconded by Tanner. Discussion regarding incorrect meeting date. Staff clarifies
that the next Planning and Zoning Commission meeting is scheduled for Tuesday,
February 16,2010, due to a holiday on the 15th. Aizpitarte amends his motion to state
the February 16,2010, special meeting. Second concurs. ALL AYE...MOTION
CARRIES.
6. NEW BUSINESS: None
7. REPORTS:
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THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
February 1,2010
A. Commission:
Aizpitarte provides copies to the Commission of an example staff report with his
recommended changes.
General discussion regarding Aizpitarte's recommendations.
The Commission asks "discussion regarding the format of staff reports" be added to the
February 16,2010, special meeting.
Villegas introduces a fellow classmate who is watching the meeting as an assignment to
report how staff interacts with the Commission.
Tanner discusses things the Commission would like to see from staff at the meetings to
come, such as an update on City Council's actions taken between meetings in hopes to
have a sense of Council's response to the Commission's recommendations. Also, he
would like to continue to pursue the possibility of getting to a point where the
Commission has a little more authority, such as variances.
B. City Attorney: None
C. Staff:
Zoning Administrator states that February 23, 2010, is when both the Radcliffe and the
Capital Educator's Credit Union applications will go to Council, along with a discussion
regarding Arbor Ridge Subdivision.
General discussion regarding options for possible amendments to the city code regarding
the authority of the Planning and Zoning Commission.
8. ADJOURNMENT:
Tanner moves to adjourn. Seconded by Smith. ALL AYE...MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 8: 19 p.m.
RESPECTFULLY SUBMITTED:
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CITY CLERK/TREASURER
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APPROVED:
/:A;Y ~:NNE;:5~ -=2
CHAIRMAN
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY HALL
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EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
ZOA-03-08 — Zoning Ordinance Amendment
February 1, 2010
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
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