Minutes - 2023 - Planning & Zoning - 01/03/2023 - SpecialTHE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
January 3, 2023
Minutes
1. CALL TO ORDER: Meeting called to order at 6:02 p.m.
2. ROLL CALL: Present: WRIGHT, MCCAULEY, MCLAUGHLIN, SMITH. Absent: GUERBER.
A quorum is present.
3. CONSENT AGENDA: ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS.
♦ 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 December 19, 2022. (MJR)
McLaughlin moves to approve the consent agenda as presented. Seconded by McCauley.
ALL AYES... MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE.
5. PUBLIC HEARINGS: ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS.
A. CU-18-22 — Waiver Of Rear Setback - Mark and Carissa Summers: Mark and Carissa
Summers are requesting conditional use permit approval for a waiver to reduce the rear setback
from 25-feet to 10-feet on Lot 19, Block 9, within Riversend Subdivision No. 2. The .40-acre
site is located on the south side of East Riversong Drive approximately 50-feet north of the
intersection of East Garden Brook Drive and East Riversong Drive at 1225 East Riversong
Drive. (MJW)
Mark Summers, 1225 East Riversong Drive, Summers provides an overview of the application.
Summers responds to questions from the Commission.
City Planner, Mike Williams, provides an overview of the application.
Planner Williams reads into the record correspondence received within the five (5) working days
required by Eagle City Code. The correspondence was received while Planner Williams was out
of town.
Planner Miller responds to questions from the Commission.
Chairman Wright opens the public hearing.
Ellen Elder, 1758 South Aspen River Way. Elder opposes the application, and expresses concerns
related to supporting the current setbacks for the purposes of maintaining adequate separation.
Gary Assan, 1226 East Riversong Drive. Assan supports the application.
Andrew Buckley, 1191 East Riversong Drive, HOA board president. Buckley neither supports
nor opposes the application and expresses concerns related to the fact that the HOA board has not
conferred upon this matter.
Melanie Buckley, 1191 East Riversong Drive. Buckley supports the application, and expresses
concerns related to this application having not appeared before the HOA board.
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Summers addresses concerns raised during the public hearing and provides rebuttal.
Chairman Wright closes the public hearing.
Discussion amongst the Commission.
MOTION: Mclaughlin moves to approve CU-18-22 — Waiver Of Rear Setback - Mark and
Carissa Summers with all standard and site -specific conditions of approval. Smith seconds.
ALL AYES... MOTION CARRIES.
B. PP- 14-22 - Stadium View Center Subdivision — Margie and Jerron Porchia: Margie and
Jerron Porchia are requesting preliminary plat approval for Stadium View Center Subdivision, a
10-lot (8-buildable [5 -residential, 3-commercial], 2-common) mixed use subdivision. The 2.49-
acre site is located on the west side of North Horseshoe Bend Road approximately 130-feet
south of the intersection of West Bonita Hills Boulevard and North Horseshoe Bend Road at
10201 North Horseshoe Bend Road. (MJW)
Margie Porchia, the applicant, provides an overview of the application.
Porchia responds to questions from the Commission.
City Planner, Mike Williams, provides an overview of the application.
Planner Williams responds to questions from the Commission.
Chairman Wright opens the public hearing.
Applicant addresses concerns raised during the public hearing and provides rebuttal.
Chairman Wright closes the public hearing.
Discussion amongst the Commission.
McCauley moves to approve PP- 14-22 - Stadium View Center Subdivision — Margie and
Jerron Porchia with staff recommended site -specific conditions of approval with the
following exceptions. Strike from #13: Lot9 Blk1 as a common lot. Add verbiage to #19:
applicant shall provide documentation from IDWR allowing them to retain the existing well
with the stipulation that Eagle approves the proposed use. Adjustment to #18: make this
condition optional. Seconded by McLaughlin.
Staff provides recommendation to the Commission regarding condition verbiage.
McCauley moves to amend motion to change site specific condition #19 to say "change the
well to irrigation use" and to strike SSC#18. Second concurs. ALL AYES... MOTION
CARRIES.
NEW BUSINESS: None.
REPORTS:
A. Commission: Commissioner Smith provides comment regarding neighborhood meeting
timings. Chairman Wright will be continuing the Avimor Development at 10:00pm sharp during
the next meeting.
B. City Attorney: None.
C. Staff. Staff provides forecasting for the next meeting.
8. ADJOURNMENT:
McLaughlin moves to adjourn. Seconded by Wright. ALL AYES... MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 7:28 p.m.
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K:\P&Z\MINUTES\Temporary Minutes WorkArea\PZ-01-03-23min.doe
RESPECTFULLY SUBMITTED:
MATTHEW J. RUMSE ,
CLERK OF THE MEET-114G
APPROVED:
<J� z 1�
TRENT WRIGHT,
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W.CITYOFEAGLE.ORG.
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SUMMERS CONDITIONAL USE PERMIT
CU-18-22
Eagle Planning and Zoning Commission Public Hearing
January 3, 2023
City Staff: Michael Williams, CFM, Planner III
Phone: 939-0227
E-Mail: mwilliams(@citvofeaele.ore
Project Summary
Mark and Carissa Summers are requesting conditional use permit
approval for a waiver to reduce the rear setback from 25-feet to 10-feet
on Lot 19, Block 9, within Riversend Subdivision No. 2.
Aerial Map
Vicinity Map:
The .40-acre site is located on the
south side of East Riversong Drive
approximately 50-feet north of
the intersection of East Garden
Brook Drive and East Riversong
Drive at 1225 East Riversong
Drive.
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4/12/2023
Conditional Use Permit:
8-7-3-1: Purpose and Interpretation of Conditional Use
A. Purpose: It is recognized that an increasing number of new kinds of uses
are appearing daily, and that many of these and some other morea
conventional uses possess characteristics of such unique and special nature
relative to location, design, size, method of operation, circulation and public.
facilities that each specific use must be considered individually.
B. Interpretation Of Conditional Use: Any use which is permitted as a
conditional use in a district under the terms of this title shall not be deemed
a nonconforming use in such district, but shall, without further action, be4
considered a conforming one.
C. Exceptions or waivers of standards within Title 8 or Title 9, other than use,
inclusive of the subject matter addressed by Section 8-7-4-2 or Section 9-6-3,1
Variances may be permitted through issuance of a conditional use permit.
Discussion:
The applicant is proposing to use the conditional use
1IRmit
process to reduce the required rear yard setback
associated with Riversend Subdivision from 25-feet to 10-feet.
The rear yard of the subject property is located adjacent to a
subdivision common lot (Lot 1, Block 9, Riversend Subdivision
No.2. Pursuant to Eagle City Code Section 8-7-3-1(C), waivers
of standards within Title 8 Zoning may be permitted through
the issuance of a conditional use permit.
Staff Recommendation:
If the commission chooses to recommend approval of the application, staff
recommends the following conditions:
I . The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an
invoice by the City. whichever occurs first.
2. The applicant is permitted to construct an attached garage as shown on the proposed garage
addition exterior elevations. date stamped by the City on October 25, 2022.
3. The following setbacks and lot coverage requirements shall apply for the subject property:
• front 25-feet
• Rear 10-feet (north corner of the garage)
• Side 10-feet (additional 5-feet/story for two-story structures)
• Street Side Not Applicable
• Maximum Coverage 40%
4. The applicant shall obtain a zoning certificate from the City of Nagle Planning and Zoning
Department prior to issuance of a building permit.
End of Presentation
STADIUM VIEW CENTER SUBDIVISIO
PP-14-22
Eagle Planning and Zoning Commission Public Hearing
January 3, 2023
City Staff: Michael Williams, CFM, Planner
Phone: 939-0227
E-Mail: =ra_iLakc;l
Project Summary
• Margie and Jerron Porchia are requesting preliminary plat
approval for Stadium View Center Subdivision, a 10-lot (8-
buildable [5-residential, 3-commercial], 2-common) mixed
use subdivision.
• The 2.49-acre site is located on the west side of North
Horseshoe Bend Road approximately 130-feet south of the
intersection of West Bonita Hills Boulevard and North
Horseshoe Bend Road at 10201 North Horseshoe Bend Road.
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STADIUM VIEW CENTER SUBDIVISION
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Issues of Special Concern
• Demolition of existing buildings (SSC #5)
• Removal of overhead power (SSC #6)
• Streetlight locations (SSC #7)
• Plat note modifications (SSC #9-14)
• Abandonment of existing well and septic systems (SSC #15&16)
Site Specific Conditions of Approval
5. The existing buildings located within the property shall be removed prior to the
City Clerk signing the final plat for Stadium View Center Subdivision Phase 1.
6. The overhead power located internal to the site shall be removed prior to the
City Clerk signing the final plat for Stadium View Center Subdivision Phase 1.
7. Provide a revised preliminary plat showing streetlights located at the intersection
of Lot 10, Block 1, and Horseshoe Bend Road and at the intersection of Lot 10,
Block 1, and Lot 6, Block 1. The revised preliminary plat shall be provided prior
to submittal of a final plat application.
Site Specific Conditions of Approval (Plot notes)
9. Provide a revised preliminary plat with plat note #10 revised to state, "This development is
subject to covenants, conditions, restrictions (Instrument No. )." The revised
preliminary plat shall be provided prior to submittal of a final plat application.
10. Provide a revised preliminary plat with plat note #13 referencing the Idaho Right To Farm Act,
removed from the plat. The revised preliminary plat shall be provided prior to submittal of a final
plat application.
11. Provide a revised preliminary plat with plat note # 14 removed. The revised preliminary plat shall
be provided prior to the City Clerk signing the final plat.
12. Provide a revised preliminary plat with plat note # 15 revised to state. "Lots 6 and 10. Block 1.
contain drive aisles providing access to the subdivision. Each property owner within the
subdivision is conveyed A) the perpetual right of ingress and egress over the drive aisles, B)
that such perpetual easement shal I run with the land, and C) that the restrictive covenant for
maintenance of drive aisles cannot be modified and the property owners' association or other
entity cannot be dissolved without the express consent of the City." The revised preliminary
plat shall be provided prior to submittal of a final plat application.
Site Specific Conditions of Approval (Plot notes)
13. Provide a revised preliminary plat identifying Lot 9, Block 1, as a common lot. Plat note
#16 shall be revised to state, "Lots 6, 9, and 10, Block 1, are common lots to be owned
and maintained by the Stadium View Center Subdivision Property Owner's
Association. Lots 6, 9, and 10, Block 1, shall contain a blanket public utility, drainage,
and irrigation easement." The revised preliminary plat shall be provided prior to
submittal of a final plat application.
14. Provide a revised preliminary plat with plat note 418 revised to state, "lrrigation Ovate.
has been provided by the Farmers Union Canal Company in compliance with Idaho
Code Section 31-3805(l )(b). Lots within the subdivision will be entitled to irrigatioi
water rights and/or shares and individual lots will remain subject to assessments fro
the Farmers Union Canal Company, to be paid through fees assessed by the property
owner's association. The pressurized irrigation system shall be owned and maintained B
by the Stadium View Center Subdivision Property Owner's Association, or its assigns.
The revised preliminary plat shall be provided prior to submittal of a final plat
application.
Site Specific Conditions of Approval
15. Provide documentation from the subdivision contractor indicating the
individual wells located on the site were properly abandoned. The
documentation shall be provided prior to the City Clerk signing the first final
plat.
16. The applicant shall be required to obtain the proper permit and
subsequently abandon the existing septic system and drainfield located
III on -site. Upon removal the applicant shall provide documentation from
the subdivision contractor indicating the septic system and drainfield
were properly abandoned prior to the City Clerk signing the first final plat.
Staff Recommendation
If the preliminary plat is approved, staff recommends the site
specific conditions of approval on pyge 4; of the Staff Report
and standard conditions of approval on pgqe 1: of the Staff
Report.
Planning Commission Recommendation
On January 3, 2023, the Eagle Planning and Zoning
Commission voted 4 to 0 (Guerber absent) to recommend,,
approve of the applications with the conditions of
development, site specific conditions of approval, and
standard conditions of approval provided on page 11 of the
Planning and Zoning Commission Findings of Fact and
Conclusions of Law.
End of Presentation
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