Minutes - 2011 - Planning & Zoning - 06/20/2011 - Regular THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
June 20, 2011
Minutes
1. CALL TO ORDER: Meeting called to order at 6:02 p.m.
2. ROLL CALL: Present: TANNER, ROEHLING, AIZPITARTE, SMITH, Absent:
VILLEGAS. A QUORUM IS PRESENT.
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 June 6,2011.
B. Findings of Fact and Conclusions of Law for PP/FP-02-11 - Combined Preliminary and
Final Plat for Deltoid Subdivision - Dave Evans Construction: Dave Evans Construction
represented by Tim Mokwa with Parametrix is requesting combined preliminary plat and
final plat approval for Deltoid Subdivision, a 2-lot commercial subdivision (a re-subdivision
of Lot 6, Block 1, of Castlebury Business Park No. 2). The 0.74-acre site is generally located
south of West Bavaria Street approximately 460-feet west of the intersection of West Bavaria
Street and North Meridian Road at 3357 West Bavaria Street.
Aizpatarte moves to approve the minutes of June 6, 2011 as presented. Seconded by
Roehling. ALL AYE...MOTION CARRIES.
Roehling moves to recommend for approval Findings of Fact and Conclusions of Law for
PP/FP-02-11 - Combined Preliminary and Final Plat for Deltoid Subdivision - Dave Evans
Construction as presented. Seconded by Tanner. ALL AYE...MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE
5. PUBLIC HEARINGS:
A. RZ-01-11/CU-01-11/PPUD-01-11/PP-01-11 — Rezone, Conditional Use Permit, Preliminary
Development Plan & Preliminary Plat for The Preserve Planned Unit Development — The
Preserves LLC: The Preserve LLC, represented by Becky McKay with Engineering Solutions LLP, is
requesting a rezone from R-3-DA-P (Residential up to three units per acre with a development agreement
— PUD) and R-2-DA-P (Residential up to two unit per acre with a development agreement— PUD) to R-
4-DA-P (Residential up to four units per acre with a development agreement — PUD) and R-3-DA-P
(Residential up to three units per acre with a development agreement — PUD), conditional use,
preliminary development plan, preliminary plat approvals for The Preserve Planned Unit Development, a
419-lot(372 buildable, 46 common, and 1 well lot) residential subdivision (a portion of which is platted
as Eaglefield Estates Subdivision No. 1). The preliminary plat is comprised of 99.5-acres and consists of
280-lots (254 buildable, 25 common, and 1 well lot). The 142.4-acre planned unit development is
generally located 650-feet west of Linder Road and north of State Highway 44.
Chairman Smith introduces the item.
Becky McKay 1029 N. Rosario Meridian, Idaho with Engineering Solutions LLP representing The
Preserves LLC. reviews the application. Ms. McKay provides the background for this property when it
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was originally seen by the City of Eagle under the name Eaglefield Estates. The new street layout, open
spaces, amenity changes and setback changes are reviewed. The new traffic study is reviewed
Thomas Coleman 1859 S. Topaz Way Meridian, Idaho with The Preserves. Mr. Coleman compliments
City Staff on being so helpful. Mr. Coleman explains the process they went through to design the homes
and meet the needs of the economy at this time.
Discussion between Commission, Ms. McKay and Mr. Coleman.
City Planner Mike Williams reviews the staff report included standard and site specific conditions of
approval.
Discussion between Commission and Planner Williams.
Chairman Smith opens the public hearing.
Barb McDermott 701 E. State St. Eagle, Idaho representing Washington Federal. Ms. McDermott states
that when this project initially came forward there were three banks involved. Washington Federal had
the loan on 8 acres that front Linder Road. Washington Federal has since taken this property back.
Escalante Drive is the collector route that is supposed to handle the approximately 3,500 trips is now
privately owned by Washington Federal. Which means that all of these houses don't really have a way to
get to them, they are using our (Washington Federal's) private road for access. They are not for it, and
want to make sure that if people buy homes in this proposed development, and then find out that the only
road giving them access now has a gate across it and they cannot get to their house that people are
informed prior to their home purchase. She just wants to make sure that someone either at the City or
Ada County Highway District is aware if the issue. Discussion potential dedication of right-of-way to
ACHD and traffic routes.
Becky McKay, Engineering Solutions, states three different banks had loans on this property and her
client has purchased two of the three banks out and taken their positions. He has made several offers on
the property now owned by Washington Federal and each offer has been rejected. A right-of-way
easement was granted to ACHD and recorded for the property now owned by Washington Federal.
Escalante was constructed to ACHD standards. When Washington Federal foreclosed on the property,
their attorney contended that they had foreclosed out ACHD's roadway easement. ACHD's attorney
Steve Price was working with Terry Copple, Washington Federal's attorney to try and resolve the issue.
McKay contends that Washington Federal believes it will benefit them monetarily and has decided to
fight about it. As it looks like this issue is going to drag on for a while, Mr. Coleman and ACHD have
been working together to find a suitable solution. Coleman Homes has agreed to build this connection to
Cabra Creek. This secondary access connection will allow up to 177 lots total to be built, including the
118 that are already constructed. When they hit the 177 mark then Escalante Drive issue will need to be
addressed.
Chairman Smith closes the public hearing.
Commission concurs that it is their hope that the Escalante issue will be resolved in a timely manner, but
understands that the City is not the agency that has authority to resolve the easement issue. Discussion
amongst the Commission.
Commissioner Aizpitarte recommends for approval RZ-01-11 for the Preserves LLC adding
language proposed by Planner Williams for RZ 3.2 and 3.4. Seconded by Smith. ALL
AYE...MOTION CARRIES.
Aizpitarte moves to recommend approval of CU-01-11/PPUD-01-11/PP-01-I1 — Rezone,
Conditional Use Permit, Preliminary Development Plan & Preliminary Plat for The Preserve
Planned Unit Development — The Preserves LLC presented by staff. Seconded by Tanner. ALL
AYE...MOTION CARRIES.
B. ZOA-01-11 — Zoning Ordinance Amendment — City of Eagle: An Ordinance Of The City Of
Eagle, Idaho, A Municipal Corporation Of The State Of Idaho, Amending Title 8 "Zoning", Chapter 1
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"Zoning Interpretation And Definitions", Section 2 "Rules And Definitions"; Amending Title 8
"Zoning", Chapter 2 "Zoning Districts And Map", Section 3 "Schedule Of District Use Regulations";
Providing A Severability Clause; And Providing An Effective Date.
The proposed ordinance amendment changes the definition of "Bar" and "Commercial Entertainment
Facilities" and adds the definition of"Principal Business"to the City's zoning regulations.
Chairman Smith introduces the item.
Zoning Administrator Bill Vaughan reviews the zoning ordinance amendment and the events that
instigated the language being proposed.
Roehling states that perhaps the term exclusive rather than principle business use should be considered.
Discussion of proposed language.
Smith opens the public hearing.
Mark Butler 1640 W. Washam Rd. Eagle Idaho. Mr. Butler states he is in favor of clarifying the
ordinance, but feels there is still work to be done on the proposed language. Butler provides comment on
his previous employment with the City as Zoning Administrator and the reasoning behind the language
he facilitated drafting that now exists. At that time the City was trying to quantify what would be
allowed in the core downtown of Eagle and there was a discussion on the difference between a bar and a
lounge or nightclub. He believes the proposed ordinance amendment needs to clarify the definition of a
bar and nightclub to open up some possibilities in the downtown. It is his hope that, in an effort to
clarify the code, we do not end up closing some doors for businesses that, he thinks should be permitted
downtown, for example a well done nightclub or a well done lounge.
Smith closes the public hearing.
Discussion amongst the Commission. Roehling is troubled by the motivation for the change in code.
Based on what he has heard tonight and read in the paper, it seems to be targeted at preventing this type
of establishment. He can see the type of establishment one might want to prevent, but the rules here are
somewhat arbitrary and too subjective in his opinion. Because it would rule out things that he considers
healthy things to have downtown. Discussion on food service and the sale of alcohol in defined
businesses. Aizpitarte suggests continuing the this item and have staff incorporate Mr. Butler's
suggestions and taking Roehling's into consideration. Smith does not like a single attempt at rewording
an ordinance and calling it good. He likes to see multiple revisions on it, and is not sure that they can
capture everything in a single revision. He feels the language needs more work in terms of getting the
definition to where it needs to be.
General discussion.
Roehling moves to continue ZOA-01-11 — Zoning Ordinance Amendment — City of Eagle to the
date specific meeting of July 181h meeting. Seconded by Aizpitarte. Discussion. Comments from
public testimony to be incorporated including night clubs and lounges written to be permitted uses in the
downtown. Roehling states that the attributes of the undesirable establishments need to be better fleshed
out. There is the "bar" that is 5'wide and 20'deep and filled with smoke, and I'm thinking I don't really
want that in downtown Eagle. Something that is spacious provides for truly entertainment, things to do
other than tipping the bottle or the glass fundamentally should be permitted. So there may be special
relationships, the other uses within the establishment—again going back to my definition of a bar with a
jar of pickles on the counter doesn't quite pass mustard either. So, it is complicated space. Discussion.
Smith would recommend trying to take away the feeling of target. It seems to be very evidently pointed
at a recent approval, let's see if we can blunt that just a bit. Tanner agrees with the comments. When
looking at the definition of a bar, for example, try to eliminate as much ambiguity as you can, because
when you get into the splitting hairs issue it creates... Smith states the important point is that a bar is not
an activity, it is a place. Clarification is sought by staff on defining the attributes of undesirable
establishments- does the Commission feel that a bar is desirable place or not a desirable place and if it is
(desirable)what do we call one that is not? Roehling remains unclear on the definition of a bar, so even
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using that term is a problem. He described an undesirable establishment from his perspective. Smith
desirable vs. undesirable is a struggle to grasp as some people may like the barroom idea, it may be a
desirable place to go. Smith states that desirable vs. undesirable is subjective and lacks real hard
definition. Aizpitarte states that in his opinion that the difference between a bar and an establishment is
the serving of food. Discussion. ALL AYE...MOTION CARRIES.
C. ZOA-02-11 —Zoning Ordinance Amendment—Eagle Idaho Merchants Association, represented
by Walter Lindgren: An Ordinance Of The City Of Eagle, Ada County Idaho Amending Eagle City
Code Title 8 "Zoning", Chapter 4 "Off Street Parking And Loading", Section 5, "Parking Requirements";
Providing A Severability Clause; And Providing An Effective Date.
The proposed ordinance amendment changes the off-street parking requirement for Retail uses in the
Downtown Development Area (DDA)and the Transitional Development Area(TDA).
Chairman Smith introduces the item.
Walter Lindgren 440 E. Corporate Dr. Ste. 102 Boise, Idaho. Mr. Lindgren reviews the proposed zoning
ordinance language.
Zoning Administrator Bill Vaughan makes himself available to answer any questions.
Smith opens the public hearing.
Terry Sayer 2151 W. Forrest Hill Ct. Eagle, Idaho. She is in favor of reducing the parking requirements
for smaller businesses. She feels it should be the business of the City to encourage business rather than
making them go before various committees and approvals in order to open in Eagle. It is negative to the
City to make it difficult for businesses to open in our community.
Mark Butler 1640 W. Washam Rd. Eagle, Idaho. This ordinance applies to retail only in the DDA and
TDA only. Butler states that he may have a potential conflict of interest due to property he has
developed in Eagle that he had been required to pay for parking in lieu fees. It is his intent that if this
application is approved and the building he owns in downtown Eagle (Ruby Lou building) he intends to
submit a modification and attempt to get the money back from the City that he had previously been
required to pay for parking. The newly proposed language reflects that a pedestrian friendly business has
a lower need for parking than a more intense retail use. He encourages the ordinance to be approved.
Smith closes the public hearing.
Discussion amongst the Commission.
Smith moves to approve item SC. ZOA-02-11 — Zoning Ordinance Amendment — Eagle Idaho
Merchants Association, represented by Walter Lindgren. Seconded by Aizpitarte. Discussion.
Commission requests staff to work with downtown merchants to address parking in the downtown for all
uses. ALL AYE...MOTION CARRIES.
6. NEW BUSINESS: NONE
7. REPORTS:
A. Commission:
B. City Attorney: No report.
C. Staff: Discussion of procedure to process land use applications. Zoning Administrator
Vaughan.
8. ADJOURNMENT:
Tanner moves adjourn. Seconded by Aizpitarte. THREE AYE: ONE NAY (Roehling).
MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 9:08 p.m.
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RESPECTFULLY SUBMITTED:
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SHARON K. BERGMANN • • .'
CITY CLERK/TREASURER •- SEAL •
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APPROVED: .''••I,. .. ..
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DEREK T. SMITH
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON
REQUEST.
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
June 20, 2011
SUBJECT: ZOA-02-11 — Zoning Ordinance Amendment — Eagle Idaho Merchants Association
, represented by Walter Lindgren:
PLEASE PRINT LEGIBLY
NAME
ADDRESS PHONE PRO? CON? TESTIFY?
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s- , ��,, ,0id7' 20?- 56-93 I/few
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
June 20, 2011
SU E3J ECT: RZ-01-11/CU-01-11/PPUD-01-11/PP-01-11 — Rezone. Conditional Use Permit, Preliminary
Development Plan & Preliminary Plat for The Preserve Planned Unit Development — The Preserves LLC:
PLEASE PRINT LEGIBLY
NAME ADDRESS PHONE PRO? CON? TESTIFY?
NAME
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
June 20, 2011
SUBJECT: ZOA-01-11 - Zonine Ordinance Amendment - City of Eaele
PLEASE PRINT LEGIBLY
ADDRESS PHONE PRO? CON? TESTIFY?
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