Minutes - 2012 - Planning & Zoning - 03/19/2012 - Regular THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
March 19,2012
Minutes
1. CALL TO ORDER: Meeting called to order at 6:00 p.m.
2. ROLL CALL: Present: TANNER, ROEHLING, AIZPITARTE, SMITH. Absent:
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 March 5,2012.
B. Findings of Fact and Conclusions of Law for PP/FP-01-12 -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 approvals for Deltoid Subdivision No. 2 (a re-subdivision of Lot 8, Block 1 of
Castlebury Business Park No. 2). The 0.62-acre subdivision will consist of two (2)
commercial lots. The site is generally located south of West Bavaria Street approximately
620-feet west of the intersection of West Bavaria Street and North Meridian Road at 3405
West Bavaria Street.
Smith moves to approve the consent agenda as presented. Seconded by Roehling . ALL
AYE...MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE
5. PUBLIC HEARINGS:
A. A-02-11 & RZ-03-11 — Annexation and Rezone - Kenneth and Lynn Patten: Kenneth and
Lynn Patten,represented by Becky McKay with Engineering Solutions, LLP, are requesting approval
of an annexation and rezone from RUT(Rural-Urban Transition-Ada County Designation)to BP-DA
(Business Park with a development agreement) and R-1-DA (Residential up to one (1) unit per acre
with a development agreement).
Vice-Chairman Aizpitarte introduces the item.
Becky McKay 1029 N. Rosario Meridian, ID with Engineering Solutions LLP.,representing Kenneth and
Lynn Patten reviews revisions that have been made to this application. The public hearing has been re-
noticed and the changes to the original applications that was previously before the Commission. She
worked with staff to draft the development agreement language and differs with staff on two of the
conditions. Ms. McKay explains her request to change condition 3.2. There is an existing shed that was
the original garage building in 1939. It does not meet the side yard setback for the R-1 zone being
requested. The applicant is requesting that in condition 3.2 the shed be allowed to remain until such time
as the R-1 parcel or residential parcel is no longer residential. Condition 3.4 speaks to cross access.
Currently there are 2 access points into the property at residence, and no access along the agricultural
parcel. Ada County Highway District is recommending cross access, but after speaking with a
representative with ACHD cross access would be determined when a site plan comes in for development
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of the larger parcel so that it could be located accordingly. McKay suggests language for 3.4 to state that
upon future development of the property, prior to application for a building permit, the owner will
provide a cross access between parcel A and parcel B, if required by ACHD, for review and approval by
the City Attorney. The cross access shall be executed and recorded prior to development of additional
uses on the property. Discussion.
City Planner, Mike Williams reviews the new staff report associated with this application. Planner
Williams reviews the Eagle City Code sections that are applicable to this application and discusses the
same. General discussion.
Aizpitarte opens the public hearing.
No one chooses to speak.
Ms. McKay provides rebuttal regarding states that there is no curb, gutter or sidewalk out on Horseshoe
Bend Road. There is no curb cut as you would typically see for the residential site right now. Ada
County Highway District will require curb, gutter and sidewalks along the frontage of the home when the
larger parcel develops. The applicant is aware of this and that they will need to work with the new
owner when the time comes.
Discussion for clarification between Commission and Staff.
Aizpitarte closes the public hearing.
Discussion amongst the Commission regarding existing shed, site access and future parcel development.
Tanner moves to recommend for approval approve item 5A,Annexation and Rezone Kenneth and
Lynn Patten A-02-11 & RZ-03-11 with the following changes to the conditions of approval.
Condition 3.2: To be changed as set forth in the applicant's version of the development agreement.
Change condition 3.4 to read: Upon future development or sale of the property, and prior to
application for a building permit, the owners shall provide a cross access agreement between
parcel A and parcel B (if required by Ada County Highway District) for review and approval by
the City Attorney. The cross access agreement shall be executed and record prior to development
of, or sale, of the property. Condition 3.5: Change as stated of making the change of the term
owner plural. And change the last portion of the sentence from "for a change use on the site" to
"for a change of use on either parcel." Seconded by Aizpitarte. Discussion. Tanner moves to
amend his motion to read: Condition 3.4 to read: "Upon future development or sale parcel A,
parcel B or both parcels..." the rest remaining the same. And change the last sentence where it
ends with property. The last sentence would say "the cross access agreement shall be executed and
recorded prior to development of additional uses of parcel A or parcel B or the sale of parcel A or
parcel B." Second concurs with the amendment. ALL AYE...MOTION CARRIES.
6. NEW BUSINESS:NONE
7. REPORTS:
A. Commission: None
B. City Attorney: The Commission expresses its pleasure at the additions that Attorney Fizter
included in the staff report for tonight's application. It provided excellent information to
assist the Commission in making their decision tonight.
C. Staff:
8. ADJOURNMENT:
Aizpitarte moves to adjourn at 7:00 p.m. Seconded by Roehling. ALL AYE...MOTION
CARRIES.
Hearing no further business, the Commission meeting adjourned at 7:00 p.m.
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RESPECTFULLY SUBMITTED:
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4-p."-,. SHARON K. BERGMANN • S:61-‘ , moo I
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VICTOR VILLEGA..
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-UP SHEET
^, March 19, 2012
SUBJECT: A-02-11 & RZ-03-11 — Annexation and Rezone - Kenneth and Lynn Patten:
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON