Minutes - 2023 - Planning & Zoning - 11/06/2023 - Regular THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
November 6,2023
Minutes
1. CALL TO ORDER: Meeting called to order at 6:01 p.m.
2. ROLL CALL: Present: WRIGHT, GUERBER, MCAULEY, MCLAUGHLIN, SMITH. Absent:
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 October 2,2023. (ELL)
B. Findings of Fact and Conclusion of Law for the A-01-23/RZ-02-23/CU-03-23/PPUD-02-23/PP-
02-23—Annexation,Rezone,Conditional Use Permit,Preliminary Development Plan,and
Preliminary Plat for Everton Subdivision—TH Lost River LLC: TH Lost River,LLC,
represented by Stephanie Hopkins,with KM Engineering,LLP, is requesting an annexation,rezone
from RUT(Rural-Urban Transition—Ada County designation)to R-1-DA-P(Residential with a
development agreement—PUD),R-4-DA-P(Residential with a development agreement—PUD),R-6-
DA-P(Residential with a development agreement—PUD),and C-2-DA-P(General Business District
with a development agreement—PUD),conditional use permit, preliminary development plan, and
preliminary plat approvals for Everton Subdivision, a 241-lot(212-residential [138-single family,74-
single-family attached], 11-commercial, 18-common)mixed use planned unit development.The
76.85-acre site is located at the northeast corner of State Highway 44 and North Palmer Lane. (MJW)
Guerber moves to approve the consent agenda as presented. Seconded by McCauley. ALL
AYE... MOTION CARRIES.
4. UNFINISHED BUSINESS:None.
5. PUBLIC HEARINGS:ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS.
A. RZ-06-23—Rezone for Aspen Pointe Plaza—Regen: Regen, represented by Justin
Schwartz, 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])for a commercial and
residential(5-dwelling units [1-tri-plex and 1-duplex])mixed use development. The .72-acre
site is located on the north side of East State Street approximately 300-feet east of the
intersection of South Academy Avenue and East State Street at 1332 and 1442 East State
Street. (MJW)
City Planner,Micheal Williams continues item to next meeting,November 20,2023.
Planner Williams responds to questions from the Commission.
Page 1 of 4
KAP&DMINUTES\Temporary Minutes Work AreaTZ-11-06-21doc
McLaughlin moves to recommend the continuation of RZ-06-23 —Rezone for Aspen Pointe
Plaza — Regen to the November 20, 2023, meeting. Seconded by Guerber. ALL
AYE...MOTION CARRIES.
RZ-08-23 — Rezone from A-R to R-E-DA—Robert West: Robert West is requesting a rezone
from A-R (Agricultural-Residential) to R-E-DA (Residential-Estates with a development
agreement). The 4.95-acre site is located on the east side of North Beverly Drive approximately
860-feet south of the intersection of West Floating Feather Road and North Beverly Drive at 950
North Beverly Drive. (MJW)
Robert West, 950 North Beverly Drive, Eagle, Idaho. West provides an overview of the
application.
West responds to questions from the Commission.
City Planner,Micheal Williams provides an overview of the application.
Planner Williams responds to questions from the Commission.
City Attorney,Victor Villagas responds to questions from the Commission.
Planner Williams continues to answer questions from the Commission.
Chairman Wright opens the public hearing.
Kelly Ford, 945 North Beverly Drive-, Eagle, Idaho. Ford opposes the application with concerns
of property value, not being notified, and request the updated Ada County records be used for
notifying surrounding properties.
Ford responds to questions from the Commission.
Kurt Smith, 2502 West Timber Drive, Eagle, Idaho. Smith opposes the application and expresses
concerns related to the growth in Eagle.
Smith responds to questions from the Commission.
Scott Nordstrom, 2590 West Timber Drive, Eagle Idaho.Nordstrom opposes the application with
concerns of others wanting to subdivide properties.
Nordstrom answers questions from the Commission.
Jeff Schaberg, 2787 West Timber Drive, Eagle Idaho. Schaberg supports the application,
explaining that the owner has property rights to their land.
Schaberg responds to questions from the Commission.
Devin Gneiting, 1030 Beverly Drive, Eagle Idaho. Gneiting supports the application and
expresses changing the CC&Rs related to the subdivision.
Craig Lebeau, 1200 Beverly Drive, Eagle, Idaho. Lebeau supports the application.
Lebeau responds to questions from the Commission.
West responds to questions raised during the public hearing.
Chairman Wright closes the public hearing.
Discussion amongst the Commission.
McCauley recommends the approval of RZ-08-23 —Rezone from A-R to R-E-DA—Robert
West with a development agreement. Seconded by Smith.
Planner Williams requests that staff have the development agreement brought with the findings at
the next meeting. Staff proposes that conditions be a part of the development agreement.Item 3.1
Page 2 of 4
K:\P&Z\MINUTES\Temporary Minutes Work AreaTZ-11-06-23.doc
The maximum density for the Property shall be .40 dwelling units per acre(2-single-family lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code,which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan
(Exhibit C),the City understands and agrees that certain changes in that concept may occur. If the
City determines, in its sole discretion,that any such changes require additional public comment
due to potential impacts on surrounding property or the community, a public hearing shall be held
on any proposed changes in the Concept Plan, notice shall be provided as may be required by the
City. 3.4 The conditions, covenants and restrictions for the Property shall contain at least the
following: (a)An allocation of responsibility for repair of the pressurized irrigation facilities,
fencing,and amenities. The owner shall provide an operation and maintenance manual associated
with the pressurized irrigation facility, including the funding mechanism as an addendum to the
CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified ant that the homeowner's association or other entity cannot be
dissolved without the express consent of the city. (b)A requirement that in the event any of the
CC&Rs are less restrictive than any government rules,regulations or ordinances,then the more
restrictive government rule,regulation or ordinances shall apply. The CC&Rs are subject to all
rules, regulations, laws and ordinances of all applicable government bodies. In the event a
governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful,then
in such event that portion shall be deemed to be amended to comply with the applicable rule,
regulation, law or ordinance.
THREE AYE,TWO NAY(WRIGHT,GUERBER)....MOTION CARRIES.
6. NEW BUSINESS:
A. Fiscal Year 2024-28 Capital Plan Update and Fiscal Year 2025-29 Proiect Solicitation: Staff
will review the adopted FY 24-28 Capital Plan adopted on September 26, 2023, and solicit
projects for the FY 25-29. (NBS)
Long Range, City Planner,Nichoel Baird Spence provides an overview of the adopted FY 24-28
Capital Plan adopted on September 26, 2023, and solicit projects for the FY 25-29.
Planner Baird Spence responds to questions from the Commission and continues the presentation.
7. REPORTS:
A. Commission: Smith is amazed by the developments that are being built.
B. City Attorney:None.
C. Staff: Planner Williams reviews the schedule for the next Planning and Zoning meeting.
8. ADJOURNMENT:
Wright moves to adjourn. Seconded by Wright.ALL AYE... MOTION CARRIES.
Hearing no further business,the Commission meeting adjourned at 8:52 p.m.
Page 3 of 4
KAP&Z\MINUTES\Temporary Minutes Work Area\PZ-11-06-23.doc
SU ITTED:
_ f
EMILY L. O LF
CLERK HE MEETING
APPROVED:
TRENT WRIGHT,
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W.CITYOFEAGLE.ORG.
Page 4 of 4
K:\P&Z\M IN UTES\Temporary Minutes Work Area\PZ-11-06-23.doe
1
o
} REZONE FROM A-R (AGRICULTURAL-
RESIDENTIAL) TO R-E ( RESIDENTIAL-
ESTATES)
RZ-08-23
Eagle Planning & Zoning Public Hearing
November 6, 2023
City Staff: Michael Williams,CFM,Planner III.
Phone: 939-0227
E-Mail:
Project Summary
Robert West is requesting:
• A rezone from A-R (Agricultural-Residential) to R-E (Residential-
Estates).
• The 4.95-acre site is located on the east side of North Beverly Drive
approximately 860-feet south of the intersection of West Floating
Feather Road and North Beverly Drive at 950 North Beverly Drive.
d
1
Vicinity Map �111111 :�,
I�
Aerial
Map _ ,
J �
1�
N
1
Wehren
Subdivision,
o
o
_...
o
, Comprehensive Plan Designations
Lame Lot
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1 unit per
acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher than 1
unit per 2 acres.Open space and parks in this area will be generally limited.Land uses in this category\k ill
tend to appear as suburban large lot and generally less agrarian than the Estate Residential and
Agricultural/Rural designations.
Neighborhood Residential
Suitable for single family residential.Densities range from 2 units per acre to 4 units per acre.
Residential Transition Overlav
Residential development that provides for a transition between land use categories and uses. Commonly
requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project.
Base densities may be reduced or units may be clustered to increase open space within a portion of a site
When property is in this overlay. Neighborhood design will be paramount in this overlay to ensure
appropriate transition between uses. See specific planning areas for further description.
11/7/2023
Floating do
LARGE LOT
r, NEIGHBORHOODLo,
-
TRANSITION 0 ERLAY
i
7
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Large Lot Residential A-R(Agricultural-Residential) Single-family residence
Existing
No Change R-E(Residential-Estates) Re-subdivide the lot into two(2)lots
Proposed
Large Lot Residential A-R(Agricultural-Residential) Single-family residence subdivision
North or site (Wehmn Subdivision)
Neighborhood Residential and Large R-I(Residential)and R-2-DA-P(Residential Single-family residence and common lot
South of site Lot Residential with a development agreement—PUD) (Redwood Crcck Subdivision No.2 and
Countryside Estates Subdivision No.2)
Large Lot Residential RUT(Rum[-Urban Transition—Ada County Single-family residences(Unplatted
East of site designation)and R-I-DA(Residential with a parcel and Lions Gate Subdivision)
development agreement)
Large Lot Residential A-R(Agricultuml-Residential) Single-family residence(Wehrcn
West of site Subdivision)
g
4
1
Planning Commission Recommendation
On November 6, 2023, the Eagle Planning and Zoning
Commission voted (4 to 0, So & So absent) to recommend
approval of this application with the conditions of
development provided on page 15 of the Planning and Zoning
Commission Findings of Fact and Conclusions of Law.
End of Presentation
CITY OF EAGLE - PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
RZ-08-23 — Rezone from A-R to R-E-DA — Robert West: Robert West is requesting a rezone from A-R
(Agricultural-Residential) to R-E-DA (Residential-Estates with a development agreement). The 4.95-acre site
is located on the east side of North Beverly Drive approximately 860-feet south of the intersection of West
Floating Feather Road and North Beverly Drive at 950 North Beverly Drive. (MJW)
November 6,2023
NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON
V.p 1n 0� L,�c�S-+�uv✓+ � �� J i V ; lJ i SC�V t,ry W:+, ,�0� � D
96.117-r n/P X�>IS 1-7"-►' `�� Gig f-In
CITY OF EAGLE- PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
RZ-06-23 — Rezone from C-2 to MU-DA — Regen: Regen, represented by Justin Schwartz, 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]) for Aspen Pointe Plaza, a commercial and residential (5-dwelling units [1-tri-plex
and 1-duplex]) mixed use development. The .72-acre site is located on the north side of East State Street
approximately 300-feet east of the intersection of South Academy Avenue and East State Street at 1332 and
1442 East State Street. (MJW)
November 6, 2023
NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON