Minutes - 2023 - Planning & Zoning - 07/17/2023 - RegularTHE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
July 17, 2023
Minutes
CALL TO ORDER: Meeting called to order at 6:02 p.m.
2. ROLL CALL: Present: WRIGHT, GUERBER, MCLAUGHLIN, SMITH, MCCAULEY. Absent: A
quorum is present.
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 fromthe Consent Agendawill 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 19, 2023. (ELL)
B. Findings of Fact and Conclusions of Law for the Approval of PP-11-22 — Valnova Lots 32-35
Subdivision — GWC Capital, LLC: GWC Capital, LLC, represented by Landon Northey, is
requesting preliminary plat approval for Valnova Lots 32-35 Subdivision (Lots 32, 33, 34, and 35 of
Spring Valley Subdivision No. 1), a 78-lot (72-residential, 6-common, [1-public infrastructure])
subdivision. The 54.62-acre site is generally located 3.0-miles northeast of the intersection of State
Highway 16 at Equest Lane. (DLM)
C. Findings of Fact and Conclusions of Law for the Approval of PP-24-22 — Terra View
Commercial Subdivision — Terra View, LLC: Terra View, LLC, represented by David Sterling,
P.E., with Ardurra, is requesting preliminary plat approval for Terra View Commercial Subdivision, a
63-lot (62-commercial, 1-multi-family) mixed use subdivision. The 58.6-acre site is located at the
northeast corner of State Highway 16 and West Beacon Light Road. (MJW)
D. Findings of Fact and Conclusions of Law for the Approval of RZ-01-23 & PP-01-23 —
Capella Estates Subdivision — Laren Bailey: Laren Bailey is requesting a rezone from A
(Agricultural) to R-3-DA-P (Residential with a development agreement — PUD), conditional use
permit, preliminary development plan, and preliminary plat approvals for Capella Estates
Subdivision, a 122-lot (108-buildable, 13-common 1-common drive) residential planned unit
development. The 54.24-acre site is located on the north side of West State Street across from the
intersection of North Riverview Street and West State Street. (MJW)
McLaughlin moves to approve the consent agenda as presented. Seconded by Guerber. ALL
AYES... MOTION CARRIES.
4. UNFINISHED BUSINESS: None.
PUBLIC HEARINGS: ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS.
A. CU-08-23 — Change of Nonconforming Use/Request for an Interior Side Setback Waiver —
Brian Haack: Brian Haack is requesting conditional use permit approval for a change of
nonconforming use to allow the construction of a detached accessory structure and an interior side
setback wavier to reduce the interior side setback from 30-feet to 20-feet on Lot 14, Block 1, Los
Luceros Acres Subdivision. The4.4-acre site is located on the south side of the terminus of Los
Luceros Drive at 565 East Los Luceros Drive. (MJR)
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City Planner, Matthew Rumsey, request on behalf of the applicant, that this item be remanded from
the public hearing.
Guerber moves to approve the remand of CU-08-23 — Change of Nonconforming Use/Request
for an Interior Side Setback Waiver — Brian Haack. Seconded by McLaughlin. ALL AYES...
MOTION CARRIES.
B. CPA-01-23 — Fire Protection Capital Plan Comprehensive Plan Text Amendment — City
of Eagle: The City of Eagle is requesting a comprehensive plan text amendment to Chapter
4.4: Fire Protection of the Eagle is HOME Plan to identify the most recent Eagle Fire Capital
Improvements Plan. (NBS)
City Planner, Nichoel Baird Spencer gives an overview of the application.
Planner, Baird Spencer answers questions from the Commission.
Chairman Wright opens the public hearing.
Chairman Wright closes the public hearing.
Discussion amongst the Commission.
Guerber moves to approve CPA-01-23 — Fire Protection Capital Plan Comprehensive Plan
Text Amendment — City of Eagle. Seconded by McLaughlin. ALL AYES... MOTION
CARRIES.
6. NEW BUSINESS: None.
7. REPORTS:
A. Commission: McLaughlin recommends that the Commission visit the display for the Capital
Improvements in City Hall.
B. City Attorney: None.
C. Staff: None.
ADJOURNMENT:
Wright moves to adjourn. Seconded by McCauley. ALL AYES... MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 6:22 p.m.
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SU ITTED:
EMILY KE,
CLERK OF THE MEETING
APPROVED:
TRENT WRIGHT,
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W. CITYOFEAGLE.ORG.
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PLANNING & ZONING COMMISSION HEARING
JULY 17, 2023
A PUBLIC HEARING ON THE CITY INITIATED APPLICATION:
CPA-01 -23: FIRE PROTECTION CAPITAL PLAN COMPREHENSIVE PLAN
TEXT AMENDMENT — CITY OF EAGLE
Under Idaho Section 67-82: Development Impact Fees the City
can collect impact fees for Police & Fire Services. Impact fees
are intended to off set the capital cost of providing services to
new development to maintain the communities adopted leve
of service (LOS).
CPA-01-23 is an update to the language in Chapter 4.4: Fire
Protection, adopted in 2020, to continue the collection of fire
impact fees.
• Fire impact fees are not used by the City- pass through to the EFD
• These are not discretionary dollars:
• Can only be spent on the projects identified in the capital plans
• Must be spent within 7-years or go back to developer/homeowner-
last plan was dated 2018
• Only funds the proportionate share of capital associated to growth
• Does not change the 2020 identified minimum level of service:
• 85% fractile response time of 4 minutes
7/18/2023
If the commission recommends approved, the following will need to be
completed the new capital plan can be adopted:
a. City Council hearing to amend the plan,
b. City Council hearing on adopting the new Eagle Fire Capital Plan and
associated impact fees,
c. City Council approves an ordinance to implement the new fees schedule
The Eaale Development Impact Fee Advisory Committee has already reviewed, held a hearing,
and recommended approval of the Capital Plan and proposed fire impact fee to the City
Council.
Staff requests the Commission hold a public hearing and
upon the closing of the hearing make a
recommendation to the Eagle City Council on:
CPA-01 -23: FIRE PROTECTION CAPITAL PLAN COMPREHENSIVE
PLAN TEXT AMENDMENT
CITY OF EAGLE - PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
CU-08-23 — Change of NonconforminIz Use/Request for an Interior Side Setback Waiver — Brian Haack:
Brian Haack is requesting conditional use permit approval for a change of nonconforming use to allow the
construction of a detached accessory structure and an interior side setback wavier to reduce the interior side
setback from 30-feet to 20-feet on Lot 14, Block 1, Los Luceros Acres Subdivision. The 4.4-acre site is located
on the south side of the terminus of Los Luceros Drive at 565 East Los Luceros Drive. (MJR)
July 17, 2023
NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON
CITY OF EAGLE - PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
CPA-01-23 — Fire Protection Capital Plan Comprehensive Plan Text Amendment — City of Eagle: The
City of Eagle is requesting a comprehensive plan text amendment to Chapter 4.4: Fire Protection of the Eagle
is HOME Plan to identify the most recent Eagle Fire Capital Improvements Plan. (NBS)
July 17, 2023
NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON