Minutes - 2015 - Planning & Zoning - 02/15/2015 - Regular THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
February 15,2015
Minutes
1. CALL TO ORDER: Meeting called to order at 6:03 p.m.
2. ROLL CALL: Present: SOELBERG, VILLEGAS, AND WRIGHT. Absent: KOELLISCH
AND SMITH. 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 February 2,2015.
Soelberg moves to approve the consent agenda as presented. Seconded by Villegas. ALL AYES...
MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE
5. PUBLIC HEARINGS:
A. CPA-04-14/RZ-07-14—Comprehensive Plan Map Amendment from Residential Four to
Mixed Use and Rezone with a Development Agreement from R-4 (Residential) to MU-
DA (Mixed Use with a development agreement) — Javo Development, Inc.: Jayo
Development, Inc., represented by Shawn Nickel with SLN Planning, is requesting a
Comprehensive Plan Map Amendment from Residential Four to Mixed Use and rezone with
a development agreement from R-4 (Residential)to MU-DA(Mixed Use with a development
agreement in lieu of a PUD) for the allowance of six (6) patio homes. The .88-acre site is
located on the south side of West Floating Feather Road at 135 West Floating Feather Road.
Chairman Wright introduces the item.
Shawn Nickel, 1589 N. Estancia, is representing the applicant. Nickel gives an overview of the
application and is in agreement with all of staff's recommendations.
City Planner, Mike Williams, gives a detailed overview of the Comprehensive Plan Map Amendment
application and the Rezone application. Staff is requesting if this gets approved they be restricted through
the development agreement on the number of units that will be permitted on this property. Staff has
recommended approval based on what the applicant has requested along with setbacks that were
determined off of the associated concept plan.
Chairman Wright opens the public hearing.
Brian Aldrich, 1210 Grey Pebble Way, lives directly next to the vacant lot. Mr. Aldrich is disappointed
with the lack of follow up with the development and the lack of details from the developer. He has a
concern with the excess water from the French drain to address the standing water issues. He also has
concerns with property values and setbacks.
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Doug Greenway, 234 W. Cobblestone Court. Mr. Greenway has concerns with the standing water issue,
number of homes, setbacks and parking.
Shawn Nickel provides a rebuttal and gives clarity to the concerns that were raised tonight.
Chairman Wright closes the public hearing.
General discussion amongst the Commission regarding the application.
Soelberg moves to recommend for approval item #5A CPA-04-14/RZ-07-14— Comprehensive Plan
Map Amendment from Residential Four to Mixed Use and Rezone with a Development Agreement
from R-4 (Residential)to MU-DA(Mixed Use with a development agreement)—Jayo Development,
Inc. with the additional condition that staff add in a condition for one story maximum along the
rear portion of all patio homes to be developed. Seconded by Villegas. ALL AYES... MOTION
CARRIES.
B. RZ-20-06 MOD2 — Bel Air Eagle — American Communities: American Communities,
represented by Dave Yorgason with Tall Timber Consulting, is requesting a development
agreement modification to allow for a multi-family development consisting of 14-buildings
(13-multi-family buildings containing 300-dwelling units and one (1) club house) including a
height exception to 45-feet for the multi-family buildings. The 22.17-acre site is generally
located at the southwest corner of West Old Valley Road and North Linder Road.
Chairman Wright introduces the item.
Dave Yorgason, 14254 West Battenberg Drive, is with Tall Timber Consulting and is representing
American Communities. Mr. Yorgason gives an overview of the application and the history associated
with this parcel. Yorgason is requesting a height variance of 45 feet but is in agreement with staff's
recommendation of 43 feet. He is also requesting 1.8 parking stalls per unit.Yorgason also expresses that
the developer of HCR/Level 3 Development and American Communities have a written agreement. The
developer of Riverwalk and builders within are in favor of Bel Air Eagle.
City Planner, Mike Williams, gives an overview of the application and the development agreement. The
applicant is in agreement with all of staff's recommendations of development.Williams recommends that
the Commission plug each of the written agreements between American Communities and HCR into the
development agreement. The parking recommendation has to move forward to Council.
Chairman Wright opens the public hearing.
Gary Allen, 601 West Bannock, Boise. Mr. Allen is the attorney who is representing Mike Dixon with
HCR/Level 3 Development, the developer of Riverwalk Subdivision. He expresses that they have come
to agreement that will accommodate both parties. Mr. Allen expresses that per Eagle City Code the
parking ratio can be adjusted.
Patricia Minkiewicz. Ms. Minkiewicz urges the Commission to stick with 35 feet in height. She has
concerns about the number of cars coming and going in a day and it is unclear where the main entrance
is.
Terry Sayer,2151 W. Forest Hill Court.Ms. Sayer has concerns with the height and parking.
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Jaylene Groenig, 2537 N. Big Sky Place. Ms. Groenig expresses that she wants to see the city grow in a
controlled way with a vision. Do not just agree to development that will detract that vision.
Dave Yorgason provides a rebuttal and provides clarity to the concerns that were addressed tonight. He
expresses that the western boundary is affected as much as anyone in the city and they are in support of
Bel Air Eagle.
Chairman Wright closes the public hearing.
General discussion amongst the Commission regarding the application,parking, and height.
City Attorney, McLain, informs the Commission that they can negotiate different terms than what the
staff is applying as straight code.
Villegas is in support of this application and believes it is compatible with the Comprehensive Plan.
Soelberg does not know that it is in the Commissions purview to allow above 35 feet. He understands
that two developers can agree that they both like it. But he does not know that it would be the same
testimony they would get if it was already developed.
Wright is firm on 35 feet in height and would not support a motion from this Commission to recommend
approval. The City Council at their discretion can make that adjustment if they choose to move forward
with a height variance above the 35 foot.With regard to the parking, it is not an issue.
Wrights moves to not recommend for approval item #5B - Bel Air Eagle application. Seconded by
Soelberg.Wright: AYE; Soelberg: Aye; Villegas: NAY.MOTION CARRIES.
6. NEW BUSINESS: NONE
7. REPORTS:
A. Commission: NONE
B. City Attorney: NONE
C. Staff:NONE
8. ADJOURNMENT:
Soelberg moves to adjourn. Seconded by Villegas.ALL AYES... MOTION CARRIES.
Hearing no further business,the Commission meeting adjourned at 8:35 p.m.
RESPECTFULLY SUBMITTED:
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CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST.
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