Minutes - 2013 - Planning & Zoning - 03/18/2013 - Regular THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
March 18, 2013
Minutes
1. CALL TO ORDER: Meeting called to order at 6:04 p.m.
2. ROLL CALL: Present: TANNER, ROEHLING, AIZPITARTE, Absent: SMITH,
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. Findings of Fact and Conclusions of Law for RZ-11-08 MOD and PP-05-12 - Reynard
Subdivision - Foxtail Partners, LLC.: Foxtail Partners, LLC, is requesting a development
agreement modification and preliminary plat approval for Reynard Subdivision a 241-lot
(206 buildable, 2 commercial, and 33 common)subdivision. The 80.02-acre site is generally
located on the north side of West Chinden Boulevard (Highway 20-26) approximately 340-
feet west of the intersection of North Fox Run Avenue and West Chinden Boulevard
(Highway 20-26) at 990 West Chinden Boulevard (Highway 20-26).
Planner Williams asks that the findings be removed from the consent agenda to address some minor
changes.
Changes on page 4 in the table, page 17 regarding Commission deliberation regarding untimely
correspondence, page 25 correcting the reference to Eagle Fire District that should read Meridian Fire
District.
Tanner moves to approve the Findings of Fact and Conclusions of Law for RZ-11-08 MOD and
PP-05-12 - Reynard Subdivision - Foxtail Partners, LLC.: as presented with the corrections
detailed by Planner Williams tonight. Seconded by Roehling. ALL AYE...MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE
5. PUBLIC HEARINGS:
A. A-04-12/RZ-06-12/CU-05-12/PPUD-03-12/PP-04-12 -HCR/LEVEL 3 SUBDIVISION Home
Capital Resources,LLC.-Home Capital Resources, LLC, represented by Jason Densmer with The
Land Group, Inc,. is requesting annexation, rezone from RUT(Rural-Urban Transition—Ada County
designation)to R-4-DA-P (Residential up to four(4) units per acre with a development agreement PUD),
conditional use, preliminary development plan, and preliminary plat approvals for HCR/Leve13
Subdivision a 55-lot(45 buildable, 10 common)residential subdivision. The 16.26-acre planned unit
development is generally located on the south side of West State Street(SH-44) approximately 650-feet
west of the intersection of West State Street(SH-44)and North Linder Road at the southwest corner at
5001 and 5025 West State Street. This item was continued from the March 4, 2013 meeting.
Chairman Aizpitarte introduces the item.
Jason Densmer with the Land Group Inc.462 E. Shore Dr. Eagle, representing Capital Resources reviews
the application. HCR/Level 3 Subdivision is commonly being referred to as Riverwalk. Mr. Densmer
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reviews this 45 buildable lot and 10 common lot subdivision. Discussion between Mr. Densmer and the
Commission.
City Planner Williams reviews the staff report. Discussion regarding STL fees, access, the enclave
parcel and the lack of response by the out parcel owner.
Chairman Aizpitarte opens the public hearing.
No one chooses to speak.
Chairman Aizpitarte closes the public hearing.
Jason Densmer, discusses the location of road, they would like condition number 13 striken from the
staff recommended conditions of approval. Discussion.
Planner Williams addresses the removal of the accessory structures that the applicant is requesting by
removing site specific condition 13.
Jason Densmer, rebuts the statements by Planner Williams.
Deliberation amongst the Commission.
Roehling moves to recommend approval A-04-12/RZ-06-12/CU-05-12/PPUD-03-12/PP-04-12 -
HCR/LEVEL 3 SUBDIVISION Home Capital Resources,LLC. Would like to modify the standard
condition of approval on page 20 of 22, item 11 listed on that page, should be item 13. Further
recommend that the sites specific conditions of approval and standard conditions of approval as
written shall apply. Seconded by Tanner. ALL AYE...MOTION CARRIES.
6. NEW BUSINESS:
A.. ZOA-06-12—Zoning Ordinance Amendment—City of Eagle: A Zoning Ordinance Amendment
To Eagle City Code Title 8 "Zoning", Chapter 1 "Zoning Interpretation And Definitions",Chapter 2
"Zoning Districts And Maps",Chapter 2a"Design Review Overlay District",Chapter 3 "Performance
Standards", Chapter 4 "Off Street Parking And Loading", Chapter 5 "Nonconforming Uses", Chapter 6
"Planned Unit Developments", Chapter 7 "Zoning Administration And Enforcement", And Chapter 10
"Development Agreements."
Chairman Aizpitarte introduces the item.
Zoning Administrator Vaughan reviews the proposed changes and facilitates a discussion regarding the
same.
Discussion regarding the drafted zoning ordinance amendment.
Dave Yorgusson 14524 W. Battenburg Boise, Idaho. He does not have any comment but is open for
questions regarding the matter before them. From a developers perspective the neighborhood meeting
can be painful for the developer. Usually the residents want to take "numerous bites of the apple"
expressing their demands or wants repeatedly and continually adding wants. Discussion. Mr. Yorgusson
states that it can be a useful tool, but it can create an environment that there is more take demanded from
the developer that sometimes does not allow the project to move forward. The BCA would like future
notice above and beyond of what normally available to the generally public when zoning ordinance
amendments are before the Commission.
This item will be noticed for public hearing date in the future and brought back when the changes
discussed tonight have been applied.
7. REPORTS:
A. Commission: No report
B. City Attorney: No report
C. Staff: Planner Williams lists a few of the applications that may be coming forward in the
next few months.
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8. ADJOURNMENT:
Roehling moves to adjourn. Seconded by Tanner. ALL AYE...MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 8:15 p.m.
RESPECTFULLY SUBMITTED:
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AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALLUPON
REQUEST.
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