Minutes - 2017 - Planning & Zoning - 05/01/2017 - RegularTHE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
May 1, 2017
Minutes
CALL TO ORDER: Meeting called to order at 7:02 P.M.
ROLL CALL: Present: WRIGHT, GUERBER, and SMITH Absent: KOELLISCH and
VILLEGAS. 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 April 17, 2017.
B. Findin s of Fact & Conclusions of Law for RZ-02-17 — Storage 55 Rezone — Stora a 55
LLC: Storage 55, LLC, represented by Modus Architecture Collective, is requesting a
rezone from A -R (Agricultural -Residential) to BP -DA (Business Park with a development
agreement) for the construction of enclosed storage units. The two (2) acre site is Iocated on
the south side of East Hill Road approximately 650 -feet east of State Highway 55 at 2871
East Hill Road.
Smith makes a motion to approve the minutes of April 17, 2017 as written. Seconded by
Guerber.
Discussion.
Smith amends the motion to accept the consent agenda as written. Seconded by Guerber.
ALL AYES... MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE
PUBLIC HEARINGS:
A. PP/FP-01-17 — Kidder Cove Subdivision — Wayne Swanson: Wayne Swanson,
represented by J.J. Howard LLC, is requesting combined preliminary/final plat approval for
Kidder Cove Subdivision, a 4 -lot residential subdivision (3 residential, 1 common). The
1.21 -acre site is located on the west side of South Stephenson Street in proximity to the
intersection of West Krasen Street and South Stephenson Street. This item was continued
from the April 17, 2017, Planning & Zoning Commission Meeting.
Eric Howard with J.J. Howard, 5483 West State Street, Suite D, Boise, Idaho. The applicant
explains that the property owner agrees with items outlined in the staff report with the exception
of Site Specific Condition of Approval #6, and requests clarification regarding Site Specific
Condition of Approval V.
City Planner, Brian Parker, provides a detailed overview of the application.
Chairman Wright opens the Public Hearing.
Page 1 of 6
K 1P&ZW $NUTES12o171P2-05-p1.17mip.d e
Dave Yorgason, 14254 West Battenburg Drive, Boise, Idaho. Yorgason is representing
Alderwood Subdivision No. 2 as the Vice President of the Alderwood Subdivision Home Owners
Association. Yorgason does not oppose the application, rather is voicing concerns outlined in a
letter submitted by Kent Freitag to the Commissioners and staff.
Wayne Swanson, 985 West State Street. The property owner responds to concerns posed during
the public hearing.
Guerber requests clarification from staff regarding the location of the common area.
City Attorney, Cherese McLain, responds to Commissioner Guerber's question.
Eric Howard provides rebuttal and addresses the concerns raised during the public hearing.
Chairman Wright closes the public hearing.
General discussion amongst the Commission regarding the application.
Smith makes a motion to recommend for approval item 5A PP/FP-01-17 Kidder Cove
Subdivision. Seconded by Guerber. ALL AYES... MOTION CARRIES.
B. RZ-01-17 — Rezone from C-2 to MU -DA — Heron Family Trust, Brett Heron: Heron
Family Trust, Brett Heron, represented by Mark Butler with Land Consultants, Inc, is
requesting a rezone from C-2 (General Business District) to MU -DA (Mixed Use with a
Development Agreement in lieu of a conditional use permit, including a height exception) to
allow for a commercial use consisting of 3 -buildings and a multi -family residential use
consisting of 10 -buildings (9 -multi -family buildings containing 131 -dwelling units and one
[ 1 ] club house). The 9.34 -acre site is located on the northeast corner the intersection of South
Edgewood Lane and East State Street.
Mark Butler, 1675 East Bishop Way. The applicant provides a brief overview of the application.
Natalie Hernandez, 2693 East Humboldt Street, Boise, Idaho. Hernandez, Chief Operating
Officer for Commercial Northwest Property Management, provides information regarding the
housing market, rental rates, and income qualification requirements.
Mark Butler responds to questions from the Commission.
City Planner, Mike Williams, provides a detailed overview of the application.
Chairman Wright opens the public hearing.
Mark Butler reads written testimony provided by Bob Wilson, 1642 East Laurelwood Drive.
Wilson supports the application, and would like to see traffic calming measures implemented.
Kathy Dietrich, 1654 East Bishop Way. Dietrich supports the application due to concerns of
what the current C-2 zoning could allow.
Jill Reeder, 1653 East Bishop Way. Reeder supports the application due to support of the
proposed design and positive working relationship with the applicant.
Elizabeth Butler, 1675 East Bishop Way. Butler supports the proposed design of the concept, the
lack: of commercial space and subsequent noise, and anticipated increase of property value.
Tammara Heron, 3464 West Fieno Drive. Heron, the applicant, explains the vision behind the
proposed development.
Jeff Kimpson, 257 South Silverwood Way. Kimpson opposes the application due to concerns
about how the proposed development fits with the surrounding area, height of proposed
buildings, and noise generated by roof -mounted HVAC units.
Page 2 of 6
K:1PdZUA HUTE51201nPZ•05-01-17min.doc
Aaron Larson, 149 South Duke Avenue. Larson opposes the application due to increased traffic
concerns.
PJ Schramel, 1789 East Laurelwood Drive. Schramel opposes the application due to the
proposed building height.
Donald Branton, 245 South Silverwood Way. Branton opposes the application due to design
style, height of buildings, visibility from State Street, and concerns about water availability.
June Hymas, 221 South Silverwood Way. Hymas opposes the application due to concerns about
what effect the proposed development may have on the nearby creek, concerns of noise from the
development, and the proposed building height.
Steve Pisani, 1022 South Clearlake Place. Pisani opposes the application due to concerns about
increased traffic and setting a precedent for high-density.
Denise Kimpson, 257 South Silverwood Way. Kimpson opposes the application due to perceived
discrepancies between the proposed development and the comprehensive plan, and concerns
about increased traffic.
Gene Baxter, 971 South Eagle Rock PIace. Baxter opposes the application due to concerns about
increased traffic and safety concerns.
Howard Lieberman, 234 South Cooksom Place. Lieberman opposes the application due to
concerns about water -sourcing and increased traffic.
Mary Curtis, 1776 East Birchwood Drive. Curtis opposes the application due to concerns about
sufficient water pressure and increased traffic.
Peter Staley, 1830 East Birchwood Drive. Staley supports the application due to the high-end
aspect of the development, and opposes the application due to egress Iimitations posed by
smaller sidewalks. Staley would like to see the commercial aspect developed at the same time as
the proposed development, recommends elevators within buildings, and expresses concerns
about sufficient water pressure.
Scott Hymas, 188 South Silverwood Way. Hymas opposes the application due to the non-
conformance with the surrounding area.
Robert EIsethagen, 273 North Edgewood Lane. Elsethagen opposes the application due to the
three-story aspect of the proposed development, and non -conformity with the surrounding area.
Debbie Gould, 1123 North Glenabby Place. Gould opposes the application due to increased
traffic and safety concerns; Gould inquires whether apartments will be subsidized.
Mark Butler provides rebuttal and addresses the concerns from public testimony.
Chairman Wright closes the Public Hearing.
General discussion amongst the Commission regarding the application.
Guerber makes a motion that RZ-01-17 Rezone from C-2 to MU -DA, Heron Family Trust,
Brett Heron — be recommended for approval to the City Council with the stipulations and
amendments that have taken place during discussion and during the public hearing process
before the Commission.
Commissioner Wright suggests that the motion needs to be more specific.
City Attorney Cherese McLain explains that she and City Planner Mike Williams have taken
notes and can summarize the points that are supposed to be incorporated.
Page 3 of 6
K \P&ZW. NUTES\2omPz•o5.Oi.I7mhdoc
#3.4 to read: The following permitted and conditional uses shall be the only allowed uses
located within t -The Commercial area of the Property as depicted on the Concept Plan:
Permitted Uses:
Arts and Crafts Shows
Artist Studios
Banks/Financial Institutions fno drive -up service
Beauty/Barber Shop
Catering Service
Childcare (Daycare Center
Childcare(Family)
Childcare(Group)
Christmas Tree Sales
Church
Clinic
Commercial entertainment facilities indoor
Communication Facilities
Drug Store
Dwelling (Multi -Family)
Electronic Sales, Service, or Repair
Emergency Health Care
Farmer's Market (outdoor)
Food and Beverage Sales
Hardware Store
Health Clubs Spas, Wei ht Reduction Salons
Home and Business Services
_Home Occupation
Laboratories
Laundromat
Microbrewery
Nursing/Convalescent Home
Office Business and Professional
Office, Medical and Dental
Parkin Lot Parking Garage
Personal Improvement
Personal Services
Photographic Studio
Printing and/or Blue rintin
Professional Activities
Residential (Apartments and Multifamily)
Restaurant No drive thru
Retail Sales Limited
Retail Sales General
Retail Sales Pharmacies and Medical
School Public or Private
Storage Enclosed buildin
Travel Services
Page 4 of 6
K:1P&ZNINUTE51 OMPZ-05-01-17min.doc
Uses Requiring a Conditional Use Permit
Bar
Bed and Breakfast Facility,
Club or Lodge
Flex Space
Kennel
Live Entertainment Events
Mobile Office
Nursery, Plant Materials
#3.11 to read: Owner shall construct a combination retaining wall/fence along the northern
property boundary that results in an overall height of 8 -feet measured from the base of the
retaining wall on the Property and results in a height of approximately 6 -feet measured
from the finished grade of the properties located to the north of the Property. Details of the
retaining wall/fence shall be submitted for review and approval by the Design Review
Board prior to the issuance of a zoning certificate.
#3.12 Owner shall construct the pathways located adjacent to the parking areas on the
outside perimeter of the building layout to be a minimum throughout the common area to
be a minimum of six five feet (651) in width. Pathways connecting the building entry areas,
and the clubhouse, to the above referenced sidewalks shall be a minimum of five feet (5') in
width. The other pathways providing connection to the multi -family dwellings from the
five foot (5') wide pathway shall be constructed to a minimum of four feet (4') in width.
#3.14 "
) shall
The maximum building height for the gabled roof
associated with the staircases of buildings #31-5 shall not exceed 37 -feet, the remaining
roofline shall not exceed 35 -feet with the north Portion of building #1 being 26 -feet as
identified on Exhibit `B"). Additionally, a revised elevaton of building #2 shall be Provided
showing a portion of the south section of that building lowered to 26-feet(two-story)
similar to building #1.
#3.20 The landscaped area located at the northeast corner of the Property shall include
landscape boulders to be reviewed and approved by the Design Review Board.
#3.21 As proposed by the Owner, the Owner shall pipe the irrigation ditch located on the
adjacent property to the north, at the east end.
Guerber: My motion stands with those clarifications. Seconded by Smith. ALL AYES...
MOTION CARRIES.
6. NEW BUSINESS: NONE
7. REPORTS:
A. Commission: Guerber provides a report to the Commission regarding the Comprehensive
Plan update.
B. City Attorney: NONE
C. Staff: NONE
8. ADJOURNMENT:
Smith moves to adjourn until. May 15th. Seconded by Wright. ALL AYES... MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 11:25 P.M.
Page 5 of 6
KAP&ZW NUTE512omPZ•05-01.17min.doc
RESPECTFULLY SUBMITTED:
4KRIS*TLCARON
CLERK OF THE MEETING
APPROVED:
T;)—
TRENT WRIGHT
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
WW W.CITYOFEAGLE.ORG.
Page 6 of 6
KIPSZYMINU7ES520171PZ-05.01.17min.doc
EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
PP/FP-01-17 - Kidder Cove Subdivision - Wayne Swanson: Wayne Swanson, represented by J.J. Howard LLC, is
requesting combined preliminary/final plat approval for Kidder Cove Subdivision, a 4 -lot residential subdivision (3
A,reidential, I common). The 1.21 -acre site is located on the west side of South Stephenson Street in proximity to the
.Jrsection of West Krasen Street and South Stephenson Street.
May 1, 2017
NAME
(PLEASE PRINT)
ITEC C c-- ARA-
01vYa())
Uri
ADDRESS/ TESTIFY?
TELEPHONE/E-MAIL YES/NO PRO/CON
C�3cGc- r 1)1
AA -, O Ok l i3 Ui 4-e
7.
yeS
EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
RZ-01-17 — Rezone from C-2 to MU -DA — Heron Family Trust, Brett Heron: Heron Family Trust, Brett Heron,
represented by Mark Butler with Land Consultants, Inc, is requesting a rezone from C-2 (General Business District) to MU -
_A (Mixed Use with a Development Agreement in lieu of a conditional use permit, including a height exception) to allow
a commercial use consisting of 3 -buildings and a multi -family residential use consisting of 10 -buildings (9 -multi -family
buildings containing 131 -dwelling units and one [1] club house). The 9.34 -acre site is located
intersection of South Edgewood Lane and East State Street.
., . 1-
n
Ni to COI,
.-,/:5-70 737 7„./,',S,;:.
%EFF ,16)itifCti/
.Q, Win.
-'4=.>/t)
Po( <
C-i/Kl('l'✓1 O
L;
.-•r
..� '1 Tit,�.�
May 1, 2017
AdaPcc
•
ic
;i . 5 b
X11 ( E
�7 r,
s >N S3Co 1��
/A 470z c: OCAI
c "Lt5l1 Ci2
�5 7 s, Si_ cam,:. ttv
637 Xe/4
n, /- i ( (1c-, (:
� r
r
/!
/78 2 CCict),2(G, G1Jo/ Or.
v/i/6/%74�y�
/1 t I
L,\.\\,.ck
on the northeast
corner the
II/(2 GOA%
(4/
AY)
,J6
CO .�
COQ
lur
NI 6,
Cu
EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
RZ-01-17 - Rezone from C-2 to MU -DA{- Heron Family Trust. Brett Heron: Heron Family Trust, Brett Heron,
represented by Mark Butler with Land Consultants,.Ine,-i's requesting a rezone from C-2 (General Business District) to MU-
,.[ZA (Mixed Use with a Development Agreement in Iicu of a conditional use permit, including a height exception) to allow
a commercial use consisting of 3 -buildings and a multi -family residential use consisting of 10 -buildings (9 -multi -family
buildings containing 131 -dwelling units and one [1 J club house). The 9.34 -acre site is located on the northeast corner the
intersection of South Edgewood Lane and East State Street.
May 1, 2017
NAME ADDRESS/ TESTIFY?
(PLEASE PRINT) TELEPHONE/E-MAIL
q Ind 3 r -6.4,11 -0 -►.t.
/i 1
\,
. 1 I. ;,�. . 1 c I
l
it
YinA5
, . J
re✓L im � �
r1
iivt5e i tre r
AEMiez/i)i6\1
n1 A- 1yi)
6/1A- '�IIr
Iet\cl—
/1,4.2 17
S, 5,114ef��C/
4S S in/ 00(1
c-2/ --(\;t.
'yam) e)>/
(77V0 C1/2€4teile
/
/0,2_ 5. CLEg/z I_ C
a?57 S. i/v rtc,.oti 1041
/7/q Jurclwd
17 (y E L a ure fco �1r.
3'a L(1,AJa 1/8 6T.
3)g LJJ\J&' 57
/r.7y L-7 gkk,a At,
C* -till) g.7 ice'
E b1s it-o\t\M
YES/NO PRO/CON
;t
X
rO 17
EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
RZ-01-17 — Rezone from C-2 to MU -DA — Heron Family Trust, Brett Heron: Heron Family Trust, Brett Heron,
represented by Mark Butler with Land Consultants, Inc, is requesting a rezone from C-2 (General Business District) to MU -
J (Mixed Use with a Development Agreement in lieu of a conditional use permit, including a height exception) to allow
a commercial use consisting of 3 -buildings and a multi -family residential use consisting of 10 -buildings (9 -multi -family
buildings containing 131 -dwelling units and one [1] club house). The 9.34 -acre site is located on the northeast corner the
intersection of South Edgewood Lane and East State Street.
NAME
(PLEASE PRINT)
DA() el,/ Li) Do fiErt
/3
CrE
(-6
WCk\
May 1, 2017
ADDRESS/
TELEPHONE/E-MAIL
7) -gra ve hea ✓ f (c, I<
clrerleroQ o hv-f-twij Co -J-7
c. /3raj e,, 8r 64
(Stu) ? J
?1Z2- A,_ s e4
(2 � -r iell7/F yvt a , r;� �,�---
2��� U '&,N• (1
% A; r�. l x.E( r/1)(J _.•• ''Uri m
1--)Ce-'--k-
L otArei DO1
V's S.)w{w CJ
1 s5—�
TESTIFY?
YES/NO PRO/CON
�.)
TrO
A)G %mak0
4r -
Ar
la() s. lverton /V z9
-3e/ 5.5//Ve,✓'Jveid Gti�
a� ( C d (l.H,,l
2'� d 41',WL
pr -e
P70
Vim _ (c ,.-
/ Jv *P,P(C)
EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
RZ-01-17 — Rezone from C-2 to MU -DA — Heron Fancily Trust, Brett Heron: Heron Family Trust, Brett Heron,
represented by Mark Butler with Land Consultants, Inc, is requesting a rezone from C-2 (General Business District) to MU -
,,QA (Mixed Use with a Development Agreement in lieu of a conditional use permit, including a height exception) to allow
• a commercial use consisting of 3 -buildings and a multi -family residential use consisting of 10 -buildings (9 -multi -family
buildings containing 131 -dwelling units and one [ 1 ] club house). The 9.34 -acre site is located on the northeast corner the
intersection of South Edgewood Lane and East State Street.
May 1, 2017 �' r
t-,(24/3 1gE-.4) —. f� :'Jo -‘,c�1
V
i
b
`✓�� '✓�f1 .7 0
�c a�
eVock„ ir,u4k P1
ora;: /SC.-) ed L7 3
\`J lci\\t L1,4(t►1etociez 2c<<^i )..) 1vti.`.1��1
it'd/ :)\ 114U.A
1...1 R,/ rk ' n 1,, 2(2z
�.
TanAnkCidct k -tenon
3tt( U F)1e per•
/_ti,)i4
i
�J
1 /F
NC ,00U
/\4 ()y-1
o
YE' -ro
V
Monday, May 1, 2017
To The Planning and Zoning Commission:
While many of the points! present against the re -zone have already been expressed, you wilt note that
I have referenced specific resolutions set forth in the City's Comprehensive Plan.
As I am certain you are aware, Planning and Zoning is charged with upholding the City's comprehensive
plan, which was adopted just 2 years ago.
As stated in Chapter 13 Implementation, resolution 13.1 states, "The policies of the Comprehensive
Plan establish a framework for the zoning and subdivision ordinances and for the zoning map. Idaho
State law requires that all zoning districts be in accordance with the adopted Comprehensive Plan....
The Planning and Zoning Commission is responsible for reviewing all new development proposals to
insure compatibility with the zoning and development ordinances and the Comprehensive Plan ..."
which is why we are here today.
As a longtime resident of Eagle (20+years) and home owner near the proposed Heron Edge complex, I
have come here to express my concerns of changing the zoning of this property from C-2 commercial
to MU -DA, mixed use with a development agreement. While I agree that some uses under the C-2
designation may be undesirable and incompatible with the residential surroundings, I feel that re-
zoning to Mixed Use with a Development Agreement is equally incompatible; not only with the single-
family residential surroundings, but also with the Comprehensive Plan you are responsible with
upholding.
Specifically, by the Comprehensive Plan:
• Residents of Eagle and its Area Of Impact (AOI) have a strong desire to maintain the rural "feel"
of the community. (Resolution 15-01-6.2) There are SEVERAL resolutions within the
Comprehensive Plan that speak to this point. Land use goals are to "Preserve the rural
transitional identity of the community." (Resolution 15-01-6.4A) The Huron Edge complex, with
its 9 modern Prairie School style architecture buildings — 3'r4 of which are proposed to be 3
story and pitch height exceeding 36', is anything but RURAL in feel.
• With a community that has been so concerned with the height of signage in the city, approving
a complex of this height, so close to a Gateway of the city seems a contradiction. The
Comprehensive Plan seems to place great emphasis on maintaining the character of these
entrances as they "provide the first, and often the most lasting, impressions of the entire
community." (Resolution 15-01-12.1)
• Also at odds with the proposed development are the land use objectives as stated in the
comprehensive plan. Land uses are to "encourage development with decreasing density
radiating out from Downtown Eagle" (Resolution 15-01-6.5 B) to "Locate higher -density
residential development closest to Downtown Eagle...(Resolution 15-01-6.6G) and to encourage
mixed use in the area along both sides of Eagle Road between Ranch Drive and Floating Feather
Road..." (Resolution 15-01-6.6H) neither of which fit this property location. This development as
proposed will contain 131 units on 8+ acres (the apartment section of the property) with a
density of 16 units per acre a mile out from the city center.
• Before you approve this re -zone request, I also ask that "...take into consideration the impact of
the project on street levels of service." Consider the effect of placing this proposed high-density
,°''1 apartment complex so near the intersection of Edgewood Lane and State Street. Current area
residents already experience difficulty entering and exiting Edgewood Lane. Approving the re-
zone to MU -DA for the current project will only exacerbate the already over -burdened
intersection at Edgewood Lane and State Street. (Resolution 15-01-8.6.5 G) In conversation
with Ada County Highway District, there is currently no plan to alter the traffic pattern at this
intersection.
The re -zone to MU -DA and the development plans proposed for the property go against the
comprehensive plan and fail to compliment the surrounding development.
If there is to be a re -zone for this parcel at Edgewood Lane and State Street, I propose the property be
re -zoned R-4 instead of the requested MU -DA. A zoning of R-4 not only reduces the occupancy density,
and traffic in the area from the proposal, but it also is more in keeping with the Comprehensive Plan
you are responsible for upholding.
Respectfully,
Denise Kimpson
257 S Silverwood Way
Eagle