Minutes - 2015 - Planning & Zoning - 07/20/2015 - Regular THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
July 20,2015
Minutes
1. CALL TO ORDER: Meeting called to order at 6:03 p.m.
2. ROLL CALL: Present: SOELBERG, WRIGHT, AND SMITH Absent: VILLEGAS,
KOELLISCH.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 July 6,2015.
Soelberg moves to approve the consent agenda as presented. Seconded by Smith. ALL
AYES... MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE
5. PUBLIC HEARINGS:
A. CPA-01-15/A-01-15/RZ-04-15 — LR5, LLC: LR5, LLC represented by Shawn Nickel with
SLN Planning, is requesting a Comprehensive Plan Text Amendment to amend the density
language for the "Rim View Planning Area", and a Comprehensive Plan Map Amendment to
change the future land use map designation from Transitional Residential to Mixed Use, and an
annexation and rezone from RUT (Residential Urban Transition — Ada County Designation) to
MU-DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) to
construct a 166-unit apartment complex. The 11.13-acre site is located approximately 1,300 feet
north of the intersection of Chinden Boulevard (SH-20/26) and Linder Road at 6940 & 6910
North Linder Road.
Chairman Wright introduces the item. The applicant is not present.
City Planner, Mike Williams, gives an overview of the application. The applicant is requesting
that the application be continued to August 3rd. The original hearing date was June 15th which
was continued to the July 20th meeting. Staff is requesting that the application be continued date
specific to August 17th so that all staff members will be present.
Smith makes a motion to continue public hearing item CPA-01-15/A-01-15/RZ-04-15 LR5,
LLC from this evening to August 17th. Seconded by Soelberg. ALL AYES... MOTION
CARRIES.
B. CU-04-15 —Accessory Dwelling Unit in excess of 1,200-square feet— Green: Johnny and
Kathleen Green are requesting conditional use permit approval for a waiver to allow the
construction of a 2,745-square foot (1,860-square foot living quarters) accessory dwelling unit
(maximum size limitation per ECC is 1,200 square feet). The 2.08-acre site is located at 2095
North Greenview Court within Lexington on the Rim Subdivision
Johnny Green, 2095 North Greenview Court, Eagle. Green gives an overview of the application.
Green is requesting a conditional use permit to build an accessory dwelling unit for his aging
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parents. Their current residence does not provide ground level rooms for the parents. The
additional square footage is needed to make the accessory dwelling unit ADA specific.
City Planner, Mike Williams, gives an overview of the application and goes over all of the site
specific conditions of approval. Staff is recommending approval of the accessory dwelling unit.
Chairman Wright opens the Public Hearing.
Michael Colby, 1951 North Estancia Place. Colby is concerned with the height of the accessory
dwelling and how it will be used in the future.He does not support the application.
Darrell Marsh, 1635 North Dunsmoir Way. Marsh is concerned about future use. If the property
is attached to the Lexington Hills CC&Rs he doesn't have a problem with the application.
Melinda Coleman, 1948 North Estancia Place. Coleman is concerned with the height of the
accessory dwelling. She states it will take away from the view and privacy.
Steven Russell Coleman, 1948 North Estancia Place. Coleman is concerned about devaluing the
surrounding properties. Coleman is asking that the height be evaluated.
Elizabeth Shore, 2095 North Greenview Court. Shore lives with the applicants. She is in support
of the application.
Lowell Hursh, 2130 North Seven Oaks Way. Hursh is on the Lexington Hills Architect Review
Committee. Hursh is concerned about the water rights. Hursh requests that the water rights be
transferred from Rocking Bar to Lexington Hills so that the pressurized irrigation would reach
the back part of the property where the accessory dwelling unit would be built. Hursh requests
non-approval until the applicants and Lexington Hills HOA come to an agreement.
City Attorney, Cherese McLain, clarifies that the back part of the property is outside of the
Lexington Hills boundaries and does not legally have to follow the Lexington Hills CC&Rs. The
back lot is not currently connected to the Lexington Hills pressurized irrigation.
Mary May, 1839 North Longridge. May is the Vice President of the Lexington Hills HOA Board.
May confirms that a member of the HOA board was not present at the neighborhood meeting for
this application. May expressed that the Lexington Hills HOA would like to have the accessory
dwelling unit under the Lexington Hills CC&Rs.
Louis Germano, 1566 Wimbledon. Germano is an Eagle resident of Lexington Hills and on the
HOA Board. Germano is concerned about the legal issues with this property. The current
property is within Lexington Hills. The back part of the property sits outside of Lexington Hills.
Germano is requesting this be tabled so all parties and legal teams can come to an agreement.
Kathleen Green, 2095 North Greenview Court. Green provides a rebuttal and addresses the
concerns from the public hearing testimony.
City Attorney, Cherese McLain, explains a mediation option that may have resolve the issues
between the Green's application and the Lexington Hills HOA.
Commission asks questions to the applicants.
Chairman Wright closes the Public hearing.
Soelberg requests a 5 minute recess at 7:22 p.m.
Back in session 7:26 p.m.
Discussion between commissioners and City Planner.
Chairman Wright requests that the City Attorney gives staff a recommendation on mediation.
City Attorney, Cherese McLain, states Idaho State Code 67-65-10 allows for the applicant and
affected parties to request from the city,mediation.
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Wright moves to make a motion that a recommendation for mediation between the
applicant and the Lexington Hills Home Owners Association meet and prepare a return to
this commission August 3'd with the findings from that mediation.Seconded by Smith.ALL
AYES...MOTION CARRIES.
6. NEW BUSINESS: NONE
7. REPORTS:
A.Commission: Commissioner Koellisch is attending Long Term Planning meetings.No status
update to provide.
B.City Attorney:Discusses packet timelines which will be changing in the near future.
Timelines will be discussed to prevent applicants from being unable to attend the meetings when
their items are on the Agenda.Chairman Wright asks the City Attorney if the co-training was
received well. Commissioner Smith states for the record that he was excused and not a no show
for the training. City Attorney reports on Laguna Pointe that the judge ruled in favor of the city
on the Motion to Dismiss.As soon as the judge renders the written decision the city will be
seeking attorney's fees.No more on cell phone towers.
C. Staff: A Design Review application has been submitted for cellphone towers.The Design
Review hearing will be this Thursday.City Planner,Mike Williams,expresses that the Eagle
High School application will be coming back to council next week and will be moving from the
baseball field to the football field, further away from homes.
8. ADJOURNMENT: Smith moves to adjourn.Seconded by Soelberg.ALL AYES...
MOTION CARRIES.
Hearing no further business,the Commission meeting adjourned at 7:52 p.m.
RESPECTFULLY SUBMITTED:
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SHAR• K. BERGM• t,4 QORA?. ,'
CITY CLERK/TREASURER •�O� •
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APPROVED: 4>' '"��t� �`�
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TRENT WRIGHT,
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST.
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