Minutes - 2016 - Planning & Zoning - 07/05/2016 - RegularTHE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
July 5, 2016
Minutes
CALL TO ORDER: Meeting called to order at 6:07 p.m.
2. ROLL CALL: Present: GUERBER, VILLEGAS, AND WRIGHT. Absent: SMITH AND
KOELLISCH. A quorum is present.
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 June 18, 2016.
Guerber moves to approve the consent agenda as presented. Seconded by Villegas. ALL
AYES... MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE
5. PUBLIC HEARINGS:
A. RZ-05-16 — Rezone from R4 (Residential) to CBD (Central Business District) — Shawn
Nickel: Shawn Nickel is requesting a rezone from R-4 (Residential) to CBD (Central
Business District). The 0.33 -acre site is generally located on the west side of North Eagle
Road approximately 675 -feet north of West State Street at 247 North Eagle Road.
Shawn Nickel, 1589 North Estancia Place, Eagle, Idaho 83616. The applicant gives a brief
overview of the application.
City Planner, Mike Williams, gives a detailed overview of the application.
Chairman Wright opens the Public Hearing.
The applicant provides rebuttal.
Chairman Wright closes the Public Hearing.
General discussion amongst commission members.
Guerber makes a motion to accept RZ-05-16 — Rezone from R4 to CBD with one change in
the presentation from staff recommendation, that would be to drop item 3.7 in regard to
water. Seconded by Villegas. ALL AYES ... MOTION CARRIES.
B. CU -06-16 — Side Setback Waiver for Accessory Structure (RV Storne Facility) — Butch
& Ida Den ne : Butch and Ida Denney, represented by Cyrus McCrory with Artisan
Construction and Remodel, Inc., are requesting conditional use permit approval for a waiver
to reduce the side yard (south) setback on Lot 2, Block 2, from 20 -feet to 10 -feet to
accommodate the placement of an accessory structure (RV storage facility). The 1.09 -acre
site is located on the west side of North Ballantyne Lane approximately 330 -feet north of the
intersection of West Floating Feather Road and North Ballantyne Lane at 1343 North
Ballantyne Lane within Scotch Subdivision.
Page I of 4
Cyrus McCrory with Artisan Construction and Remodel, Inc., 5628 Millstone Drive, Boise,
Idaho 83714. McCrory is representing Butch and Ida Denney. The applicant gives a brief
overview of the application.
City Planner, Brian Parker, gives a detailed overview of the application.
Chairman Wright opens the Public Hearing.
Mark Butler, 1675 Bishop Way, Eagle, Idaho 83616. Butler opposes this application due to the
CC&Rs requiring a 15 foot side setback. Butler is representing the neighbors at 1315 Ballantyne
and 2189 Burns.
The applicant provides rebuttal and addresses the concerns from public testimony.
Chairman Wright closes the Public Hearing.
General discussion amongst commission members.
Guerber makes a motion to send CU -06-16 Side Setback Waiver for an Accessory
Structure (RV Storage Facility) for Butch & Ida Denney to the City Council with a due
pass recommendation and let them decide what they want to do as far as action on this
item. Discussion. Guerber amends motion to include a condition that requires the applicant
to comply with applicable CC&Rs. Seconded by Wright. ALL AYES ... MOTION
CARRIES.
City Planner, Mike Williams, makes a request to hear items 5C and 5C1 at the same time.
Chairman Wright approves request.
C. RZ-05-02 MODIRZ-03-16 & PP -03-05 MOD2 — Lakemoor Subdivision — DMB
Investments, LLC: DMB Investments, LLC/B.W. Eagle, Inc., represented by Dan Torfin, is
requesting a rezone from R-1 (Residential) to MU -DA (Mixed Use with a development
agreement in lieu of a PUD), a development agreement modification and preliminary plat
modification for Lakemoor Subdivision, a previously approved 409 -lot (existing platted 223
residential, 14 commercial, and 21 common [7 private road]; proposed 117 residential lots
[32 attached], 16 commercial lots, 18 common lots [3 private street lots and 1 utility lot], and
1 utility lot). The entire 178.91 -acre site is generally located on the east side of Eagle Road
approximately 1000 -feet north of Chinden Boulevard.
Cl. ZOA-01-16 — Private Streets — DMB Investments LLC: DMB Investments, LLC,
represented by Dan Torfin, is proposing to amend Eagle City Code Section 9-3-2-5, Private
Streets, to allow waivers or modifications to the standards and requirements associated with
private streets.
Dan Torfin, 250 South Beechwood Avenue, Suite 120, Boise, Idaho 83709. Torfin is
representing DMB Investments, LLC. The applicant gives a brief overview of the application.
Chairman Wright requests a recess at 7:49 p.m.
Chairman Wright resumes the meeting at 7:54 p.m.
City Planner, Mike Williams, gives a detailed overview of the application.
Chairman Wright opens the Public Hearing.
Brian Wertz, 3116 South Brookwater, Eagle, Idaho 83616. Wertz is asking for a larger park,
smaller parking area, and larger home sites.
Justin Bailey, 2834 South Lake Vista Lane, Eagle, Idaho 83616. Bailey is in support of the
proposal.
Byron Franz, 742 East Eagle Woods Lane, Eagle, Idaho 83616. Franz is asking for a smaller
parking space.
Page 2 of 4
C:lUsersWrhuntOnglDesktopW-07.18-161PZ-07-05-16min.doe
Cary Imeson, 739 Lakebrook Lane, Eagle, ID 83616. Imeson is concerned about the irrigation,
maintenance, and regulations of the proposed ponds.
Jim Liley, 3410 East Chinden, Eagle, ID 83616. Liley is concerned about the height requirements
of the commercial development and commercial traffic.
Kathy Evans, 393 East Fishing Creek Lane, Eagle, Idaho 83616. Evans is opposed to the
development of the townhomes because they would overlook her property.
Judy Fossgreen, 361 East Lakebriar Lane, Eagle, Idaho 83616. Fossgreen is concerned about the
apartments lowering the value of surrounding properties. She suggests a hotel instead of
apartments.
Michael Valenty, 499 East Eaglewoods Lane, Eagle, Idaho 83616. Valenty is in support of the
current proposal, but wants another access road out before permits are issued.
Craig Hoellworth, 448 East Eaglewoods Lane, Eagle, Idaho 83616. Hoellworth is in support of
the proposed plan.
Joseph Belcher, 422 East Lake Briar Lane, Eagle, Idaho 83616. Belcher is in support of the
proposed plan.
The applicant provides rebuttal and addresses the concerns from public testimony.
Chairman Wright closes the Public Hearing.
General discussion amongst commission members.
Wright makes a motion to recommend for approval as presented by staff item 5C1 as staff
proposed with the additional strikethrough in section Al of "no more than ten percent
(10%) of the" and strikethrough "planned unit development" and replace it with
"subdivision" in sections Al and E. Seconded by Guerber. Discussion. Chairman Wright
confirms motion and second still stand as on the record. ALL AYES ... MOTION
CARRIES.
Wright makes a motion to recommend for approval item 5C with the following changes,
specific to staffs recommendations under the development agreement under item 3.5
found on page 8 of 38 that we change where we have underlined as 7 units per acre to 10
units per acre, and keep the strikethrough of 16. Further changes would be found under
site specific conditions of approval that we strike number 4 talking about final plats.
Seconded by Guerber. Discussion. Wright amends the motion to also add under staff
recommendations for the development agreement, 3.20 found on page 11 of 38 that on the
second sentence of that paragraph we add "the Property in area J and K" as generally
depicted in Exhibit 2. Discussion. Wright amends the motion to include in item 3.5 and 3.8
to change the 50% to 60% threshold. Amended motions seconded by Guerber. ALL
AYES ... MOTION CARRIES.
NEW BUSINESS: NONE
7., REPORTS:
A. Commission: NONE
B. City Attorney:
City Attorney, Cherese McClain, provides an update that the Redstone Ranch application was
denied 4-0 at City Council and ordered to mediation. Mediation occurred and the applicant is
going to be submitting a new proposal to the City Council to change the development to single
detached dwellings.
B. Staff:
City Planner, Mike Williams, states that the department is still working away and expresses
appreciation for the two additional planners. He also introduces Kristen Huntting as the new
Page 3 of 4
C''6Users4k untbng ktdptPZ-07-16.16iPZ47-D5.16min doc
1! 11,11514;11 1 1111 'll !:d! i ;I
1, 111111 O�2��
adjourned.
RESPECTFULLY SLfl3MFrrED:
Le
A7 %
-SHARON X BERGMANN
CITY CLE RKJTREASURER
APPROVED:
TRENT WRIGHT,
CHAIRMAN
MIXYMI I WARM MM R
Page 4 of 4