Minutes - 2016 - Planning & Zoning - 05/16/2016 - RegularTHE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
May 16, 2016
Minutes
1. CALL TO ORDER: Meeting called to order at 6:00 p.m.
2. ROLL CALL: Present: SMITH, VILLEGAS, and GUERBER. Absent: KOELLISCH and
WRIGHT. 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 April 18, 2016.
Guerber moves to approve the consent agenda as presented. Seconded by Smith. ALL
AYES... MOTION CARRIES.
_UNFINISHED BUSINESS; --NONE
5. PUBLIC HEARINGS:
A. A-01-16/RZ-01-16 & PP/FP-03-16 — Eusterman Subdivision — Matthew B. Eusterman:
Matthew B. Eusterman, represented by Mark Butler with Land Consultants Inc., is requesting
an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to R -E-
DA (Residential -Estates with a development agreement) and combined preliminary and final
plat approvals for Eusterman Subdivision, a 2 -lot residential subdivision (re -subdivision of
Lot 4, Block 1, Ray's Acres Subdivision). The 5.61 -acre site is generally located on the south
side of West Floating Feather Road approximately 700 -feet east of the intersection of Park
Lane and West Floating Feather Road at 3709 West Floating Feather Road.
Mark Butler, 1675 East Bishop Way. The applicant gives a brief overview of the application.
City Planner, Mike Williams, gives a detailed overview of the application.
Chairman Villegas opens the Public Hearing.
There were no members of the public present to testify.
The applicant provides a closing statement.
Chairman Villegas closes the Public Hearing.
General discussion amongst commission members.
Guerber makes a motion to approve A-01-16/RZ-01-16/PP/FP-03-16 with conditions that
include removal of the first two sentences in number 17 of the conditions of approval. That
instead of 17 we have staff do a review of a landscape plan for landscaping along Floating
Feather to be agreed upon by two members of the Design Review committee and waive the
berm and allow the landscape plan adjustment with the 100 foot setback. Seconded by
Smith. Discussion. Guerber amends his motion to add failure to agree requires a full
Design Review process. Amended motion seconded by Smith. ALL AYES... MOTION
CARRIES.
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B. CU -04-16 - Addition of an Aecgmry UseMar) e Enjele Art Gallery - Stephen
Douglas: Stephen Douglas, represented by Walter Lindgren with Lindgren Labrie
Architecture, PLLC, is requesting conditional use permit approval to add an accessory use
(bar) to the Eagle Art Gallery to permit sales of wine and beer by the glass. The 0.08 -acre
site is located on the east side of North 211 Street approximately 1 I0 -feet north of the
intersection of North 2"d Street and East State Street at 50 North 2"d Street.
Walter Lindgren, 139 North 2"d Street. Lindgren gives a brief overview of the application.
City Planner, Mike Williams, gives a detailed overview of the application.
Chairman Villegas opens the Public Hearing.
There were no members of the public present to testify.
The applicant provides a closing statement.
Chairman Villegas closes the Public Hearing.
General discussion amongst commission members.
Smith makes a motion to recommend for approval Item SB CU -0416 for approval.
Seconded by Guerber. ALL AYES ... MOTION CARRIES.
C. A-02-16/RZ-02-16/CU-03-16/PPUD-01-16/PP-01-16 - HCR/Level 3 Planned Unit
Develoament Phase 3 - Home Capital Resources, LLC: Home Capital Resources, LLC,
represented by Jason Densmer, P.E., with The Land Group, Inc., is requesting an annexation,
rezone from RUT (Rural -Urban Transition - Ada County designation) to R4 -DA -P
(Residential -with a development agreement - PUD)-,-c-o-Anitional use permit, preliminary
development plan, and preliminary plat approvals for HCR/Level 3 Subdivision - Phase 3, a
10 -lot (7 -buildable, 3 -common) residential planned unit development. The 3.94 -acre site is
generally located on the southwest comer of South River Creek Avenue and West State
Street (Hwy 44) at 5335 West State Street.
Jason Densmer with The Land Group, Inc., 462 East Shore Drive, Suite 100, Eagle, Idaho 83616.
Densmer gives a brief overview of the application.
City PIanner, Mike Williams, gives a detailed overview of the application.
Chairman Villegas opens the Public Hearing.
Patrick Drake, 138 Vandries, Eagle, ID 83616. Drake recommends approval of Phase 3 only after
Phase I and 2 have been completed, the community pool be completed, and the entrance sign be
constructed.
Commissioner Wright present at 7:11 p.m.
Rene Palafox, 163 South Baxter Way. Palafox has concerns over the completion of the promised
community amenities that have not been completed.
Harry Karnes, 124 Vandries, Eagle, Idaho 83616. Karnes owns two of the lots within HCR Level
3 Subdivision. Karnes has the same concerns with the completion of the amenities.
Shawn Nord, 5337 West State Street, Eagle, Idaho 83616. Nord is concerned about the lack of
action over the last three years and addresses concerns related to his property.
The applicant provides rebuttal and addresses the concerns from public testimony.
Justin Hubble, 4202 West Daphne Street, Meridian, Idaho 83646. Hubble gives an updates on the
completion timeline for the community amenities.
City Planner, Mike Williams, provides further information about the Phase 3 berm and
community pool and pool house for Phase I and 2.
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K1P&Z MINUTES12o/ 61Pz4Os• 16.16min.doe
The applicant provides further rebuttal of concerns about the berm, community pool, and pool
house.
Chairman Villegas closes the Public Hearing.
General discussion amongst commission members.
Guerber recommends for approval A-02.16/RZ-02-16/CU-03-16/PPUD-01-16/PP-01-16
HCR/Level 3 Planned Unit Development Phase 3 with an adjustment in the easement
around the pond of 12 feet from the recommended 30 feet. Setbacks on the front to be 20
feet, rear to be 25 feet, the interior side single -story 5 feet, interior side two-story 10 feet,
street side 20 feet, and maximum lot coverage 40 percent. Seconded by Villegas. Discussion.
Guerber amends the motion to include front garage load setback of 25 feet. Amended
motion seconded by Villegas. ALL AYES... MOTION CARRIES.
Commissioner Wright requests a recess at 8:18 p.m.
Meeting resumes at 8:24 p.m.
D. CU -05-16 — Childcare Facility (Private School) — Brooke Van Horn: Brooke Van Horn,
represented by Brenda Van Horn, is requesting conditional use permit approval to operate a
childcare facility (private schooI). The 0.33 -acre site is Iocated on the north side of East
Idaho Street approximately 115 -feet east of the intersection of North 2nd Street and East
Idaho Street at 342 East Idaho Street.
Brenda Van Horn, 342 East Idaho Street. Van Horn gives a brief overview of the application.
City Planner, Mike Williams, gives a detailed overview of the application.__
Chairman Villegas opens the Public Hearing.
Richard Ames, 120 North 21 Street, Eagle, Idaho 83616. Ames is concerned with the additional
traffic the school will generate.
Kristin Burris, 1473 North Watson Way. Burris is in favor of the application.
Danny Johnson, 297 Amanita Street, Eagle, Idaho 83616. Johnson is concerned about the
location due to the traffic congestion.
Amy Johnson, 297 Amanita Street, Eagle, Idaho 83616. Johnson is concerned with the noise
from the children,
Vera Neibel, 340 East Idaho Street, Eagle, Idaho 83616. Neibel is concerned with the noise from
the children and the affect it will have on selling homes.
Cindy Amandus, 279 Amanita Street, Eagle, Idaho 83616. Amandus is concerned with the traffic
that will be generated from the school.
The applicant provides rebuttal and addresses the concerns from public testimony.
Chairman Villegas closes the Public Hearing.
General discussion amongst commission members.
Guerber makes a motion to table the item until the June 61b meeting, leave the public
hearing open to allow for further testimony, and the applicant return in two weeks with a
proposed mitigation to the concerns about noise for the commission to further consider the
application. Seconded by Wright. Guerber amends his motion to add the applicant shall
provide the proposed mitigation five business days prior to the hearing. Seconded by
Wright. ALL AYES...MOTION CARRIES.
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6. NEW BUSINESS:
A. VAC -01-16 — Vacation to the final plat of Mace River Ranch Subdivision No 4 — Kevin
Downey: Downey Construction, represented by Kristi Watkins with J -U -B Engineering, Inc.,
is requesting a partial vacation of a public utilities, drainage, and pressurized irrigation
(PUDI) easement from Lot 51, Block 1, within Mace River Ranch Subdivision No. 4. The
site is located on the southeast corner of West Fence Post Lane and South Hiddenwood Lane
at 1382 West Fence Post Lane.
Kristi Watkins with J -U -B Engineering, Inc., 250 South Beechwood Avenue. Watkins gives a
brief overview of the application.
City PIanner, Mike Williams, gives a detailed overview of the application.
Smith makes a motion to recommend for approval item VAC -01-16, Seconded by Guerber.
ALL AYES ... MOTION CARRIES.
7. REPORTS:
A. Commission: NONE
B. City Attorney: NONE
C. Staff: NONE
8. ADJOURNMENT:
Smith moves to adjourn. Seconded by Wright. ALL AYES... MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 9:53 p.m.
RESPECTFULLY SUBMITTED:
AHAN K. B -ER GANN
CITY CLERK/ TREASURER
APPROVED:
TRENT GHT,
CHAIRMAN
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
May 16, 2016
SUBJECT: CU -05-16 — Childcare Facility (Private School) — Brooke Van Horn
NAME
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ADDRESS/ TESTIFY
TELEPHONE/E-MAIL YES/NO? PRO/CON
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
May 16, 2016
SUBJECT: A-02-16/RZ-02-16/CU-03-16/PPUD-01-16/PP-01-16 — IICR/Level 3 Planned Unit Development Phase 3
— Home Capital Resources, LLC:
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
May 16, 2016 tilmi
SUBJECT: A-02-16/RZ-02-16/CU-03-16/PPUD-01-16/PP-01-16 — HCR/Level 3 Planned Unit Development Phase
— Home Capital Resources, LLC:
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
May 16, 2016
SUBJECT: CU -04-16 — Addition of an Accessory Use (Bar) to the Earle Art Gallery — Stephen Douslas:
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO'? PRO/CON
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
May 16, 2016
SUBJECT: A -O1 -16/R7,01-16 & PP/FP-03-16 — Eusterman Subdivision — Matthew B. Eusterman:
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON