Minutes - 1998 - City Council - 11/24/1998 - RegularORIGINAL
EAGLE CITY COUNCIL MEETING
MINUTES
November 24, 1998
PRECOUNCIL: 6:30 pm - 7:30pm
1. The ACHD Commissioners will be present to discuss the following items:
· Role of each entity.
· Improving communications.
· How can we work together more effectively for the public good?
· Discussion of topics for joint meetings.
The ACHD Commissioners were not able to attend the meeting tonight. Terry Little, with
ACHD is present to discuss various items. Mr. Little begins discussing the Eagle Road access
control study. Reviews the five levels of access control. Gives examples of different access
controls used in the area. Displays overheads of the Eagle Road access study, from phases one
through five and the changes associated with the phases. Discussion between Mr. Little and
Council providing clarification on the phases. Mr. Little states that the changes presented tonight
could be added to the 2020 Transportation Plan, and hopefully, to a future Eagle Comprehensive
Plan. Mr. Little feels it would provide a great deal of flexibility and provide solutions to
potential transportation problems.
Sedlacek questions Mr. Little on ACHD's intentions for the intersection of State Street and the
Alternate Route, and access to Ballantyne Rd. Little states that until there is further development
in that area, the intersection probably won't be addressed. Merrill requests a street light be
placed at the Ballantyne Rd. intersection.
Mayor Yzaguirre discusses a request fi.om ACHD to write a letter of support for an additional
intersection on the alternate route with an extension to Stierman. Mr. Little states that ACHD
supports a full intersection that would be signalized, and that the information he last received
was that ITD opposed the intersection.
Mr. Little briefly discusses the Park and Ride Lot; the item is in a holding pattern until it can be
decided through court proceedings.
Mayor and Council's Reports: Sedlacek requests the Mayor write a letter to the Eagle High
School football team congratulating them on their win at State. Merrill discusses the agenda
item regarding the appointment of a Development Impact Fee Committee, if thc appointments
are confirmed the first meeting will be December 10t~ with Bill Hoffman, for an orientation. If
the time line is adhered to, fees could be collected as soon as April 1999. The land known as
AD78 has been acquired and is in the process of having the title researched. Merrill will be
attending WRICOPS training in Seattle next week. Mayor discusses the first annual Eagle
Country Christmas celebration on December 4, 1998. Notes that last Friday AIC held a drug
summit. Mayor Yzaguirre states that AIC has applied for a one million-dollar federal grant, they
are confident the grant will be received.
Zoning Administrator's Report: Discusses current events regarding Prime Earth. Prime Earth
has received a time extension through Wednesday, November 25, 1998. Council feels legal
action should proceed if the time line is not adhered to. Butler and the Mayor feel they (Prime
Earth) are approximately 50% done with the work that has been required. If another inspection
is to be done, Butler would like to have the City Engineer accompany him. Discussion. Guerber
would like to know how much dirt has been hauled onto the site, as an indicator as to how much
gravel was illegally taken fi.om the site. If the number of cubic yards of gravel is determined
then it could be determined how much they benefited from the illegal action. Discussion. Mayor
would like to set up a meeting with the Zoning Administrator, City Engineer, a representative
from the Department of Land, Council member Merrill and himself for Monday to re-inspect the
site at Prime Earth. Merrill questions whether or not legal action will be followed through with
if the alterations to the site are still not completed next week. The Mayor states that the City
Attorney would need to be consulted as it would appear that Prime Earth is making a "good
faith" effort to rectify the problem.
Mayor calls a recess.
Mayor reconvenes meeting.
COUNCIL: 7:30 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. A quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. 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 Mayor, a
Council Member, 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 which contains written Conditions of Approval
from the City of Eagle City Staff, Planning & Zoning Commission, or Design
Review Board shall be adopted as part of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
Bastian moves to remove 4D and 4L off of the consent agenda, and approve the remainder
of the Consent Agenda items. Seconded by Merrill. ALL AYE...MOTION CARRIES.
Merrill moves to remove item 4C off of the consent agenda. Seconded by Bastian. ALL
AYE...MOTION CARRIES.
Merrill remove the check for ICRMP for payment until the City Clerk returns so that she
may provide clarification as to what the check is actually for. Seconded by Guerber. ALL
AYE...MOTION CARRIES.
Bastian requests to see the design for the comer of Eagle Pavilion, Bastian moves to place it as
unfinished business 5J. Council member Merrill informs Bashan as to the design changes.
Bastian withdraws his motion to move the item on the agenda. Ron Bath 316 W. Bannock
Boise, Idaho, addresses Bastian's concerns regarding the changes made to the design. Points out
the location of the cobblestone wall as well as the coniferous and deciduous trees. Discussion.
Bastian moves to approve revised landscape plan for Eagle Pavilion Shopping Center, DR-
24-98, with the additional requirement that an eagle of substantial size be place on top of
the wall area at the corner of the Alternate Route. Seconded by Merrill. Discussion. TWO
AYE: TWO NAY: MAYOR AYE: MOTION CARRIES... THREE TO TWO.
Bastian moves to approve FP-11-98 Final Plat for Eagle Pavilion Subdivision with all site
specific and standard conditions. Seconded by Sedlacelc ALL AYE...MOTION
CARRIES.
A. Minutes of November 10, 1998.
B. Minutes of November 17, 1998.
C. Claims Against the City
D. DR-24-98 - Revised landscape plan for Eagle Pavilion Shopping Center - Ron
Bath: Per City Council request, all design review applications are to be appealed by the
Zoning Administrator to the City Council for their review prior to the approval of an
application beingfinal. Project Description: Eagle Pavilion Investors, LLC,
represented by Ron Bath, is requesting design review approval for the revised
landscape plan for the portion of Eagle Pavilion Shopping Center near the northeast
comer of Eagle Road and State Highway 44. Street. (MLB)
E. DR-36-98 - New buildine wall sign for H & R Block in Bosanka Village - H & R
Block: Per City Council request, all design review applications are to be appealed by the
Zoning ~ldrninistrator to the City Council for their review prior to the approval of an
application beingfinal. Project Description: H&R Block, represented by Debbie
Anderson with Idaho Electric Signs, is requesting design review approval for a new
building wall sign located in Bosanka Village at 393 W. State Street, Ste. D. (MLB)
F. DR-37-98 - New dentist office within Channel Center Subdivision - Hearthstone
Inc.: Per City Council request, all design review applications are to be appealed by the
Zoning.4dministrator to the City Council for their review prior to the approval of an
application beingfinal. Project Description: Clair Eberhardt with Hearthstone, Inc., is
requesting design review approval for a 4,346 sq. ft. dentist office building proposed
to be located in the new Channel Center commercial subdivision at 467 S.
Rivershore Lane. The site is located on the southwest comer of State Highway 44
and Eagle Road. (MLB)
G. DR-38-98 - Landscane nlan for The Rim at Lexington Subdivision - Lexineton
Hills. Inc.: Per City Council request, all design review applications are to be appealed by
the Zoning ,4drninistrator to the City Council for their review prior to the approval of an
application beingfinal. Project Description: Lexington Hills, Inc., represented by Phil
Hull with the Land Group, is requesting design review approval for the common lot
landscaping within the Rim At Lexington. The 21.2-acre site is located
approximately ½-mile north and 600-feet east of the intersection of Floating Feather
Road and Edgewood Lane, adjoining Lexington Hills Subdivision. (MLB)
H. Findings and Conclusions for a variance (V-2-98} for Marv Ann Dalton: Project
Description: Mary Ann Dalton, represented by Darren Leavitt with An'ow Land
Surveying, is requesting City approval of a variance to decrease the required front
yard setback of an existing house from 20-feet to 15-feet. The 0.69-acre site located
on the southeast comer of Syfinga Street and Elliot Street at 2196 Elliot
Street.(MLB)
I. Liquor license application for MacKenzie River Pizza Comnanv: MacKenzie
River Pizza Company is requesting approval of a Beer and Wine application. (SKS)
$. FP-8-98 - Final Plat for Island Woods Subdivision No. 5 - B. W.. Inc:.B.W. Inc.,
represented by Dennis M. Baker. B. W., Inc., represented by Dennis M. Baker, is
requesting final plat approval for Island Woods Subdivision No. 5, a 14.6-acre, 44-
lot (35-buildable) residential subdivision located on the east side of Eagle Road
approximately 650-feet south of Island Woods Drive. The site is within the Eagle
City Limits. (MLB)
K. FP-10-98 - Final Plat for Lakeland Estates - Lakeland Investors. LLC: Lakeland
Investors LLC, represented by Pon Bath Lakeland Investors, LLC, represented by
Ron Bath, is requesting final plat approval for Lakeland Estates, a 22.72-acre, 13-lot
(12-buildable) residential subdivision located approximately i,000 feet south of
State Highway 44, west of old State Highway 55 (if extended). The site is within the
Eagle City Limits. (MLB)
L. FP-11-98 - Final Plat for Eagle Pavilion Subdivision - Eaele Pavilion LLC: Eagle
Pavilion LLC, represented by Ron Bath Eagle Pavilion, LLC, represented by Ron
Bath, is requesting final plat approval for Eagle Pavilion Subdivision, a 10.17-acre,
7-lot commercial subdivision located on the northeast comer of Eagle Road and
State Highway 44 at 480 S. Eagle Road. The site is within the Eagle City Limits.
(MLB)
5. UNFINISHED BUSINESS:
A. Award of Solid Waste Collection Services Contract to BFI:
Mayor introduces the item and asks Council consider continuing the item until they have had
more time to review the document.
Merrill moves to move this item to the next regularly scheduled Council meeting. Seconded
by Guerber. ALL AYE...MOTION CARRIES.
B. RZ-8-97/CU-6-97/PPUD-1-97/PP-2-97 Brookwood Subdivision - Mike Hormaechea:
Hormaechea LTD, represented by Mike Hormaechea, is requesting a rezone from A
(Agricultural) to R-2-P (Residential two units per acre maximum - PUD) and R-4-P (Residential
four units per acre maximum - PUD) with a development agreement, and conditional use,
planned unit development preliminary development plan, and preliminary plat approvals for
Brookwood Planned Community. The development consists of a 219.2-acre, 457olot (411-
buildable) residential subdivision. The site is located at the northeast comer of Floating Feather
Road and Eagle Road, approximately one mile north of State Street. (Note: The Commission
heard testimony on all four applications at one time but took separate action on each
application.) This item was continued from the November 17,, 1998, Council meeting. The
public hearing was closed on October 13, 1998. (MLB)
Mayor introduces the item, noting that the public hearing is closed and now is open for Council
discussion.
Merrill questions the proposed flood way and actual flood way placement. Mike Hormachea
provides a view foil with this information. Merrill questions how many homes are in the existing
flood way. Discussion. Sedlacek questions as to why Council would want to take action
regarding the flood way, when FEMA will have a new study out in September of 1999. Bastian
questions if language could be added to the development agreement linking development to the
pending FEMA study. Butler states that similar language has been added to other development
agreements. Bastian requests Butler provide Council with the language. Merrill expresses her
concern with excavating in the flood way. Discussion. Guerber asks for a definition of
floodplain and flood way and the velocity of the water and the destruction it can create. Veto
Brewer, with Holladay Engineering, defines the above and discusses the excavation in the
floodplain. Discussion. Hormachea expresses his dismay with the direction the discussion is
taking regarding restrictions and the dislike of clustering and questions where the changes are
coming from especially considering the long history of this project and all of the time and effort
that has been invested in the project. Men'ill states that the changes being discussed come from
input from the general public whom we (the Council) work for and issues with the floodplain and
flood way. Bastian discusses the development agreement. Butler discusses how the calculations
for density were made. Merrill discusses the changes to the development agreement she would
like to see made.
Evan Robertson requests reasons for the proposed changes to the development agreement.
Merrill moves regardless of the maximum number of residential units allowed within the
zoning designation, the maximum density for residential development within the floodplain
shah be one dwelling unit per one acre and the floodway land area shall not be considered
when calculating the maximum residential density permitted. Seconded by Bastian.
Discussion. TWO AYE: TWO NAY: MAYOR AYE: MOTION CARRIES...THREE TO
TWO.
Merrill reads item five of the development agreement, and suggests language to modify it.
Discussion. Butler provides Council with the development agreement language previously
requested by Bastian, it reads: City of Eagle approval shall be subject to any FEMA requirements
regarding the revised study for the Boise River Floodplain currently underway by FEMA.
Discussion. Bastian inquires if the words Dry Creek Floodplain could replace Boise River
Floodplain in the above statement. Discussion.
Bastian moves to amend the development agreement item 5 under the title Floodplain
Alterations to include the following language: City of Eagle approval shall be subject to any
FEMA requirements regarding the revised study of the Dry Creek Floodplain currently
underway or proposed by FEMA. Seconded by Guerber. Discussion. ALL AYE. MOTION
CARRIES.
Bastian asks Veto Brewer what thc appropriate set back for a flood way should be. Brewer
states that his office recommends $0 feet. Butler states that Ada County recommends a 100 feet
set back. Discussion of setbacks.
Merrill moves that aH buildings be set back a minimum 100 feet from the floodway line
except that when the 100 year floodplain line is one hundred feet or less from the floodway
line the floodplain line shall be the setback line. Seconded by Sedlacek. Discussion. TWO
AYE: TWO NAY: MAYOR AYE: MOTION CARRIES... THREE TO TWO.
Discussion of the no net loss item in thc development agreement.
Metal1 moves that new construction and substantial improvement of any residential structure
shall have thc finish floor elevation of the lowest floor, including the basement, elevated to a
minimum of two foot above the elevation of the one hundred year flood level (BFE). Bastian
points out this issue has already been addressed in the conditions placed by thc Planning and
Zoning Commission. Motion dies.
Merrill suggests that language be modified to state that in thc grading plans show that grading
shall bc done in such a way that thc floodwater storage volume in thc floodplain, as bounded by
thc existing surface topography and thc Base Flood Elevation surface, shall not be reduced from
thc current quantity. Discussion for clarification on this no net loss verbiage.
Merrill moves to amend Development Agreement under Floodplain Alteration adding the
following language: Grading plans show that grading shall be done in such a way that the
floodwater storage volume in the floodplain, as bounded by the existing surface topography
and the Base Flood Elevation surface, shah not be reduced from the current quantity.
Depressions which will be filled with ground water and sections of the floodplain which are
restricted from floodwater conveyance due to roads built above the Base Flood Elevation
shah not be considered when determining floodwater storage volumes. Seconded by
Sedlacek. ALL AYE...MOTION CARRIES.
Discussion drainage and drain water.
Merrill moves that roadways and manholes within the floodplain shall be minimum of 0.5
feet above the BFE at centerline and manhole ring respectively. And new roads built above
the Base Flood Elevation shall not restrict conveyance of floodwater into sections of the
floodplain which may be cut off by the proposed road. Culverts or bridges shall be
provided under roads to allow floodwater conveyance for floodwater storage into sections
of the floodplain which may be cut offby a by a road. Seconded by Bastian. ALL
AYE...MOTION CARRIES.
Sedlacek discusses that according to the development agreement, that the city would assume
responsibility for the maintenance of the pathway. Men'ill states that hopefully thc developmen~
impact fee would be able to address the maintenance of the pathway. Bastian expresses his
concern with cost of thc well for this subdivision. Vern Brewer, states that it would be
approximately $200,000 to $210,000 to drill the well, plus the additional cost for thc electronics
to hook it up to the existing water system. For a total of around $250,000. Discussion of the
financing of the water system.
Bastian moves that the Developer install a well as specified by our city engineer to meet the
potable water needs of the residents of the subdivision. Seconded by Merrill. ALL AYE.
MOTION CARRIES.
Mayor calls a five-minute recess.
Bastian requests input from the Developer regarding the motions made tonight. Mike
Hormachea, feels that the actions tonight have changed thc project so substantially that they will
have to reevaluate the entire project. Evan l~obertson would like to see a final draft of the
development agreement and will decide at that time whether or not they will be willing to sign it.
They are obviously disappointed with the Councils actions tonight.
Sedlacek brings up the issue of air quality. Discussion.
Bastian moves to approve the development agreement as amended this evening. Seconded
by Merrill. Discussion. THREE AYE:ONE NAY. MOTION CARRIES.
Butler points out that the number of units has not been reduced although it had been discussed
tonight. Discussion regarding the reduction of density.
Sedlacek moves to amend the development agreement section three changing the number of
units from 411 units to 363 units. Seconded by Merrill. Discussion. TWO AYE: TWO
NAY: MAYOR AYE: MOTION CARRIES... THREE TO TWO.
Bastian moves to make the recital agreement agree with the motion just passed and that
number be replaced with the number 363. Seconded by Sedlacek. ALL AYE...MOTION
CARRIES.
Butler comments that all other development agreements entered into by the Council have
included an unenforceable provision clause, and questions if Council desires it to be added to
this document. The provision reads as follows: If any term, provision, commitment, or
restriction of this Development Agreement or the application thereof to any party or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
instrument shall terminate and the zoning of the property shall revert to thc Agricultural (A)
zoning designation unless the portion of this instrument determined to be invalid or
unenforceable is re-negotiated in good faith between the Applicant (or other appropriate party)
and Eagle as an amendment to the Development Agreement processed in accordance with the
notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code
Section 8-10-1.
Bastian moves to approve the language read by Butler. Seconded by Merrill. ALL
AYE...MOTION CARRIES.
Bastian moves to approve RZ-8-97 with the development agreement approved tonight.
Seconded by Merrill. Discussion. ALL AYE...MOTION CARRIES.
Butler reviews site specific conditions and suggests modifications to reflect the actions taken
tonight. Butler states on page 13 of 24 of thc Planning and Zoning Commission findings of fact
for Brookwood on thc first site specific condition the following language needs to be stricken
from the document: with the understanding item #7 Water Serviceablity still needs additional
input from the City Council. 2nd Site specific condition: suggests deleting the last line reading:
site specific condition #5a herein. And add thc language: the no net loss condition within the
Development Agreement. Item 5a should be deleted. The language within 5 should be such that
the first sentence then connects with the language that is after B. So that 5 then states: All
development within the area of the property which is within the 100 year floodplain shall have
finished floor levels of all buildings which are at least 2 feet above the FEMA base flood
elevation. Condition #22: changing the language to state the applicant may be allowed to reduce
the number of units from 363 units. Proposes an item #39 reading: Prior to submittal to phase 1
provide the City Council with a revised preliminary development plan showing the proposed
development within the floodplain in compliance with the conditions within the Development
Agreement and herein.
Bastian moves to approve CU-6-97 with all of the changes indicated by staff including those
made by Mr. Butler this evening and all site specific and standard conditions of approval.
Seconded by Merrill. Discussion. ALL AYE...MOTION CARRIES.
Bastian moves to approve PPUD-1-97 and must comply with all of the conditions of the
conditional use permit. Seconded by Merrill. THREE AYE: ONE NAY: MOTION
CARRIES... THREE TO ONE.
Bastian moves to approve PP-2-97 Brookwood Subdivision, with all the conditions of the
conditional use permit and PPUD applied. Seconded by Sedlacek. Discussion. ALL
AYE...MOTION CARRIES.
C. CU-7-98 - Conditional Use Approval for Eagle Country Plaza Shonoine Center -
William Hods,es: William Hodges is requesting conditional usc approval for Eagle Country
Plaza Shopping Center consisting of a multi-tenant commercial building (with a~aachcd
restaurant and with drive-thru service for an unspecified usc), and two separate building pads
(one pad to include drive-thru service for a drug store). Thc total building area proposed is
approximately 74,000-square feet. The entire site is 7.5-acres and is located at the northeast
comer of Chinden Boulevard and Eagle Road. This item was continued from the November 10,
1998meeting. Thepublichearingwasclosedatthattime.(MLB)
Mayor introduces thc item.
Bill Hodgcs, 1832 Spring Meadow Ln. Boise, Idaho discusses thc easement with neighboring
property owners.
Duayne Didericksen, 3430 E. Chinden Blvd. Eagle, Id. He has seen the document, it is not
signed but they (he and Mr. Hodges) have a verbal agreement. Discusses the modifications they
have discussed. The modifications are as follows: the entrance and the drive shall have
unlimited access regardless of the use; the maintenance of the entrance shall be asphalt and the
berm and walt along that would be installed at the sole expense of Bill Hodges; the maintenance
of the berm and the wall will be the responsibility of Bill Hodges; a paragraph in the original
document which stated that Mr. Didericksen was required to obtain written approval to use the
property will be deleted from the document. Mr. Hodges has also agreed to install a security
gate on Mr. Didericksen's private drive, as well as signage, and to bring utilities to Didericksen's
property line. If these things are placed in whting then Mr. Didericksen would be willing to
sign the agreement. He requests that Council hear from Denise Liley tonight before they make
their decision.
Council requests City Attorney's direction as to whether it would be appropriate to hear from
Ms. Liley. Bieter states as long as the comments are regarding the easement only.
Denise Liley 3410 E. Chinden Blvd. Eagle, Id. Provides documents for Council to review
regarding the purchase of her home. Desires a private drive way, not a service road. Further
discussion stating her case.
Hodges address the concerns of Ms. Liley. States there has never been two separate service
drives as represented by Ms. Liley. Says the site plan showed these two drives and the access
has never changed.
Merrill requests input from the City Attorney.
Bieter feels that a prescriptive easement exists. States it is mostly a private issue that the Council
has taken great efforts in trying to resolve. Sedlacek asks if they can approve contingent on the
signed agreement. Bieter states the Council may do so. Discussion.
Bastian expresses his concern with the positioning of the Rite Aid Building. Hodges states that
he is agreement with Rite Aid in the positioning of the building. Feels the positioning for this
site is correct and it is what the Planning and Zoning Commission approved. Bastian also
questions the placement of the drive-thru.
Billy Ray Strite, 1087 River St. Boise, Idaho, questions for the reasoning requesting the
repositioning of the building. Comments on the location of the site, and that because of the
location it will never be a pedestrian friendly site. Discusses "new urbanism". Discussion.
Merrill questions the removal of the trees a maple and a black walnut. Hodges addresses the
removal that new trees would be planted, doesn't know how, from a functional aspect, the trees
could be saved. Discussion.
Guerber moves to approve CU-7-98 Conditional Use Approval for Eagle Country Plaza
Shopping Center with site specific and standard conditions of approval as listed by the
Planning and Zoning Commission. Seconded by Sedlaeek. Discussion. Amends the motion
to recognize there is a verbal agreement to address the private drive way issue and go
ahead and stipulation with P & Z about the trees. Sedlaeek seconds the amendment. ALL
AYE... AMENDMENT CARRIES. Discussion. Bastian moves to amend the site specific
condition and require 10% interior landscaping. Seconded by Sedlacek. Discussion. ALL
AYE...AMENDMENT CARRIES. Discussion. TWO AYE:TWO NAY: MAYOR AYE:
MOTION CARRIES... TltREE TO TWO.
D. Document auurovin~ Greenbelt easement encroachment for Echo Creek Subdivision
along [Iorseshoe Bend Road lold }tiehwav 55]. (Susan Buxton) This item was continued from
the November 10, 1998, meeting.
Mayor introduces the item.
Bieter requests this item be continued until Susan Buxton can address the item personally.
Bastian moves to continued item D, document approving Greenbelt easement to the next
regular meeting. Seconded by Sedlacek. ALL AYE...MOTION CARRIES
E. Discussion of letter from the Building Contractors Association: (MLB) This item was
continued from the November 10, 1998 meeting.
Mayor introduces the item. Notes that Butler has been attempting to schedule a meeting between
with the Building Contractors Association, and as of yet the meeting has not been arranged.
Suggests this item be continued.
Bastian moves to continued item E, the building contractors letter. Seconded by Guerber.
ALL AYE...MOTION CARRIES.
F. Discussion of the draft letter regarding non-compliance to Eagle City sign ordinance:
(MLB)
Mayor introduces the item.
Sedlacek reviews some minor changes to the draft letter. Discussion. Butler presents Council
with the comments he has received regarding the city policy. General discussion. Council
discusses setting a target date of January 30a to mail out the letter.
Jim Murray, Design Review Chairman, states that the intent of the letter was merely to address
the temporary sign issues not to reopen the Design Review Ordinance itself. If the letter were to
clarify the regulations regarding banner and special occasion most of the problems would be
eliminated. Discussion.
Merrill moves to continue this item to the next Council meeting. Seconded by Sedlacek.
ALL AYE...MOTION CARRIES.
G. ACHD Residential Neighborhood Enhancement Program: Discussion. (RY)
H. Discussion of requested additional funding for JUB Engineers to comnlete the
Comprehensive Plan Amendments. (MLB) continued to
I. Document donatine narcel at Plaza Drive and Eagle Road to City: Review and sign
agreement. (MLB)
Bastian moves to continued items G and I to the next meeting, and item H to the January
12, 1998 meeting. Seconded by Sedlacek. ALL AYE...MOTION CARRIES.
6. PUBLIC HEARINGS: None
7. NEW BUSINESS:
A. Ordinance 337: An ordinance establishing an advisory committee for impact fees. (DB)
Mayor introduces the item.
Merrill discusses the ordinance. Guerber questions the need for the area of impact to be on the
committee.
Merrill moves, pursuant to Idaho Code, Section 50-902, that the rule requiring ordinances
to be read on three different days with one reading to be in full be dispensed with, and that
Ordinance # 337 be considered after being read once by title only. Ordinance #337 reads:
An ordinance creating Title 2, Chapter 5, Eagle City Code providing for the
creation of a Development Impact Fee Advisory Committee; term of office and
vacancies; organization; duties; and providing an effective date. Seconded by
Sedlacek. ALL AYE: MOTION CARRIES.
Merrill moves that Ordinance #337 be adopted. Seconded by Sedlacek. Bastian: AYE:
Merrill: AYE: Scdlacek: AYE: Guerber: AYE: ALL AYE: MOTION CARRIES
B. Appointment of Advisory Committee for Impact Fees: (NM)
Mayor introduces the item. Mayor requests the appointment of thc following people to the
Development Impact Fee Advisory Committee: Diane Anderson, Ted Martinez, Georgia
Mackley, Ed Salvi and John Hendricks.
Bastian moves to approve the Mayors recommendations. Seconded by Guerber. ALL
AYE...MOTION CARRIES.
8. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 12:00 am.
Respectfully submitted:
SMITH
CITY CLERK/TREASURER
APPROVED:
PaCK"tz :ouk ,
MAYOR
I) ECi
N} WAS y o 'si s;
Add Item #22 UNENFORCEABLE PROVISIONS
If anv term. provision. commitment. or restriction of this Development Agreement or the
application thereof to anv party or circumstances shall. to any extent. be held invalid or
unenforceable. the remainder of this instrument shall terminate and the zoning of the
property shall revert to the Agricultural (A) zoning designation unless the portion of this
instrument determined to be invalid or unenforceable is re -negotiated in good faith between
the Applicant (or other appropriate party) and Eagle as an amendment to the Development
Agreement processed in accordance with the notice and hearing provisions of Idaho Code
Section 67-6509. as reauired by Eagle City Code Section 8-10-1.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The rezone shall be approved with the conditions noted in the attached Development
Agreement
i1.
2. Comply with all site specific recommendations provided within the City's �1» ss
Engineering firm's (Holladay Engineering) letter dated August 11, 1998. excep * t+° 0G
recommenda ' • • , , ' . " •n• t ion • 5a kzs -t 5
herein. Ria y oO, c�-
3. The roadway construction details required by the City Engineer, for the roadway
4+�`
cutting through the bluff (conditions #1 and #2 in the Engineer's letter), shall also be
reviewed by the Design Review Board. The Board shall assure that any impact to the
aesthetic integrity of the bluff is mitigated with appropriate landscaping, and that any
proposed retention methods are approved for aesthetic compatibility with the existing
bluff and other design elements proposed within the PUD.
44 at a . oint a.. roximatel half wa between Ea le Road and State
e east of Ea le Road as r uired b ACHD. Tile City *all take the lead
"est with the Applicant to obtain ITD approval of the roadway (with traffic
• `' n ted) connecting S to Higkiway 44. The roadway south of State
haifbe constructedy e Applicant upon development of properties
r � .adwa or sooner if required by ACHI) No other ingress or egry�l points
'tted to connect to State Highway 4 a uttin,g this site excluding the
on via Riverside Drive..
3.2.15 The development shall incorporate public art, water features, or other
of interest and pedestrian amenities which encourage pedestrian use e: outdoor
ng.fountains, benches, tables, etc.)
3.2.16 Other than any pathways approved by Ea\q e. development within the
Floodway gad the open space area between the southwest side of the proposed park and,
the current y proposed southeasterly residential lots shall be prohibited.,
3.2.17 In addition to the minimum parking spaces reaureid by Eagle City Code
provide 10 to 12 non-exclusive parking spaces for the sportsman access shown on the
attached concept plan (near hotel).
3.2.18 For any multi -family residential develo9ment first floors shall be insulated
from second floors and common walls between units shall be insulated to miti vted
transfer of noise between the floors and between units. The insulation method shall be
reviewed and approved by Eagle.
3.2.19 Building placement shall be designed such thatarkin areas are not
concentrated between the buildings and Eagle Road and between the buildings and State
Highway 44.
3.2.20 City of Eagle approvals shall be subiect to any FEMA rep. uirements
regarding the revised study for the Boise River floodplain currently underway by FEMA.
3.2.21 Floodyvaters Irtax now be restricted from moxing no ward and westward
due to the recor1struc/ion of Eavle Road an4onstru9tion f State Highway 44. Therefore,
provide an erl rneenna analysis showing that the site will drain properly in case of the
100-vear flood.
3.2.22 No part of the Reid Merrill Park. shall be used to calculate any minimum
recreational/open space or landscaping reauiremenS,s for development within this site
unless the open space is to meet a requirement specifically to provide comper�gatxo for
allowing develo ment within the floodplain. Furtherm re, any portion. or all. of the Reid
Merrill City Park may be used to calculate no net loss or compensatory storage for
floodplain impact mitigation r urnoses as outlined within this development agreement if
the grading of said land meets the necessary criteria for the calculations.
3.2.23 Development shall provide pedestrian/bicycle public access to the
pathway along the Boise River.
3.2.24 Apply for a license agreement from ITD and/or ACHD. to allow the
right-of-way between this site and the edge of pavement along State Highway 44 and
Eagle Road to be landscaped and landscape said area if such an agreement is approved.
Page 7 of 11
CPA -1-98 & RZ-2-98 da stf 9-24-98.doc
considerations relating to the development :
is currently conducting a re -study of the Boise River flood -plain within Ada County.
cording to Project Manager Charles Barenbrock of the USGS, new cross sections, data
Rection and modeling are not anticipated to be complete until early in 1999, with
overall completion expected in the fall of next year. Subsequent to that, FEMA must then
review the re -study incident to probable flood -plain revisions. Given this circumstance, it
would be prudent to post -pone final planning for the area along the river and/or condition any
approvals by the City, upon the out come of the revised study.
b. The crossing concept depicted on the submitted plan has the intent of providing some safe
means of foot or bike travel to and from the site. The flip side is that it could effectively result
'n requiring people to attempt to cross a dangerous thoroughfare at the most busy intersection
in the City. It is strongly recommended that efforts to obtain a pedestrian/bicycle bridge
crossing at approximately the east/west mid -point of the development, be undertaken.
Information and findings that were compiled for a previous similar project - relating to the re-
alignment of SH -55 at the north-east part of the City - could be obtained to initiate this effort.
c. Consideration should be given to requiring the developer to make plans for the
accommodation of future regional transit, namely buses at this time. If an eventual system is
able to be developed even between Boise/Meridian/Eagle/Star, this would help to relieve
congestion and provide a viable means of transit, in particular, for the young and elderly.
d. The proposed concept is commendable from the standpoint of providing a good mix of uses
within the site. At the same time, by designing to essentially accommodate the car, the proposal
has the effect of installing two separate and distinct types of development (i.e. commercial or
retail and residential), within the same project. Two basic suggestions might be considered, in
the interest of obtaining a more integrated development : (1) provide greater facilitation for
pedestrian and bicycle travel within the site and in particular from the southern part to the
northern; and (2) rather than allow strictly external market forces to determine the mix of
commercial/retail establishments, work with the developer to make determinations about the
type of self-sustaining ventures that would provide employment and vital services within the
site itself.
Please be in contact as necessary, during the progress of this review.
Sincerely,
Anthony R. Blansett, Planner
.,fir. •.:�:
.� • ..,`
•
? "'^?ate* • • •
•
.?
.v%"4\101"
ADDR: 100
DIRECT: CHPlDEN PAST HOBBLE CR, PRIVATE LN ON RTi3410 ASF: 3000
M�D LRM SZ � 141STY: 1�A Y 3% AGF: ; 2-4 AC
APX 20(?0 OGF: 1000 ANONE ASCS:
X ENT: 6X6 CONST: BRK AGE: 30+ TMS: CASH,CONV
X LRM: 24X13 IROOFGRV �WA: SEP DPM: AS1: NOL
X I FDN: 17X8 HEAT: OL NC: CE' LN1: @ %
_ X IC: 9X14 > DSH.DSP MIC,OIR' VJTA: ART PM1: P: I: T: I:
X SEAT: SFKL3S: �UT LND USE: 1 IOW1: TPL:
X X AFM: 15X14 FIRER.: 2 LID: N FI: N IARM: EscTo:
X IUT1- 11X21 GARAGE: 4+ SITE: B,MB,MM,C DR FF GS GR,IR,AV,SH
2 Olt IBA - M T:13X17 14X12 14X11 AIR:250d0 ATY:
BATHS M,4N: 200 UP: 0.00 DN:1.00 BLDR: UNKNOWN PARa S0521336140
GS: JH: EAGLE MP Sri: EAGLE HI' POOL: NO OLPHO: 8
ERL��A9�94 HOE Y
REMARKABLE PROPERTY.
ACCESSED CYN�T�EDCOMPOUND. ELECPRNA�SBEINSTA��ED�TENIRYBELOW
APPRAISAL! SEE SUPPI.EMENT!
OWN:OWNERIAGEKT BUSPH:342.7R10 HMPH:343.1685 LO: HOMELAND REALTY
L04:1312 PH: 342.2700&SP: DENSE HOFS #: 1948 PH:343-1685
:tea.:•. \'..�•:�•:..:
A .P:'
-. - -
condition. Carpeting s worn tx in neeu OI reps cement. a , ' ! L".'c�p
interior wallspace nE .s painting . Features ie--`ude hardwood .4 % ` ' L ../1
'
entry, channel rustic cedar siding, composition -shingle roofing,
dark birch wood cabinetry, dated countertops, creek & pond & 2.5
acres of hay crop. Quality adjustment is based on $2/sf, for
inferior cedar siding. Condition adjustment is based on
estimated cost of carpet/vinyl flooring replacement, interior
painting & countertop replacement. Attached to the single car
garage is a finished studio room. The value of the 3 acre site
is $110,000, estimated by abstraction. A 4.81 acre site across
the road is listed for sale at $150,000, however, includes a
hay/horse barn with estimated value of $20,000.
Final Reconciliation of Value...
These sales, after adjustment, are providing a reliable
indication of value range. The range of value indicated in the
Market Approach to value is $247,800 to 256,700. Sale 3 is the
superior indicator due to location, view amenity, size &
quality.
The Cost Approach to value supports a value above the range of
value indicated in the Market Approach, however, is considered
less reliable due to difficulty in estimating depreciation. The
difference between the two approaches also indicates market
reaction to older, existing housing with view amenity in this
price range compared with new construction. In this price
range, most buyers prefer to purchase a view site & build a home
& customize to their requirements.
There is insufficient data to calculate a Gross Rent Multiplier
for the Income Approach.
The Market Approach offers the best indicator of value, as it
adequately represents the actions of buyers & sellers in the
market place. The market approach is reconciled towards the
upper end of value due to stable to improving market conditions
with no time adjustments warranted.
The Final Reconciliation of Value is $255,000, "subject to legal
subdivision of a 2.6 acre site & development of the commercial
retail center as outlined below".
Effects on the subject property due to the proposed retail
development, adjacent the subject property, should have minimum
positive or negative market impact on the subject's proposed
site. The developer of the retail site indicates plans to
provide a landscaped 4 foot high berm & 8 foot concrete_block
wall on top of the berm along the north sire of the commercial
site & along the subject's. driveway. This long driveway is
shared with an existing_neighbor- The commercial site consists
of approximately 73,400sf of proposed retail building space,
configured in a L shape, with the rear of the building facing
the subject property & driveway. 337 parking spaces are to be
dedicated & located in the front of the site, separated from hie
subjectproperty by the bu i l rd i ng & 1_andscaped `berm/fencing.The
me
comrcial development indicates plans to accomodate 5 retail
shops, 1 convenience store & 1 restaurant. Access to the
commercial development is off Chinden Blvd. & Eagle Road, both
west of the subject property. The building is a single story
structure with good architectural appeal.
REF'ERE CE: Page 4 of attachment
Mountain States A Appraisal - Glen Spottswood
June 26, 1995 Appraisal
for William R. Hodges
Provided To James M. and Denice G. Liley
CITY OF EAGLE
CITY POLICY ,
Eagle City Code Section 8-2A-8 (I): The following signs are also prohibited; however,
they may be approved in writing, on a limited basis, to be determined by the Zoning
Administrator, as seasonal decorations, for a grand opening of a new business, or other
special occasions. No permit will be required. #12. Portable signs, including A -
frame signs, banners, sandwich signs, curb signs, pole attachments, mobile signs, but
not including real estate open house signs or political signs.
The following is the detailed criteria the Zoning Administrator is to use, as a matter of
City policy, when considering written approvals of the above referenced signs:
1. GRAND OPENINGS - A -frame, sandwich board, sidewalk, banner, pennant and
similar signs may be permitted for a grand opening for a new business or enterprise or
for a grand opening for a business or enterprise under new management for a
maximum period of fourteen (14) 20 days - 6 months consecutive calendar days.
The sign shall be removed within two thirty days after the grand opening.
2. TEMPORARY SIGN IN LIEU OF PERMANENT WALL SIGN - A business
identification banner, or similar sign, may be permitted on a temporary basis, not to
exceed ninety (90) 120 days, during approval and construction of any wall sign for a
new business. The permit shall not be issued until a Design Review application for
the permanent wall sign has been submitted to the City. Said sign shall not be larger
than the wall sign that would be permitted per this Title, shall only be located on the
face of the building where the wall sign would be permitted per this Title, and shall be
removed when the permanent sign is installed, not to exceed ninety (90) 120 days.
3. TEMPORARY SIGN IN LIEU OF PERMANENT MONUMENT SIGN - A
business identification A -frame, sandwich board or similar sign, may be permitted on
a temporary basis, not to exceed ninety (90) 120 days, during approval and
construction of any monument sign for a new business. The permit shall not be
issued until a Design Review application for the permanent monument sign has been
submitted to the City. Said sign shall not be larger than the monument sign that
would be permitted per this Title and shall be removed when the permanent sign is
installed, not to exceed ninety (90) 120 days.
4. SPECIAL OCCASION SIGNS - Portable/temporary signs, such as A -frame,
sandwich board, sidewalk, banner, pennant and similar signs may be permitted by the
City for special occasions not to exceed a total of 7 days 10 days -10 days (days need
not be consecutive) within any calendar month if the following criteria is complied
with:
Page 1 of 3
11Eag1e11vo111SHAREDIP&Z\Administrative Int1AI-1-98 .doc
a. Portable/temporary signs shall advertise a special occasion only. Special
Occasions shall be defined as, "The addition of a new feature or new service being
provided and/or promotional, special and/or seasonal events and other similar
occasions as may be approved by the City on a case by case basis.",
b. Only one portable/temporary sign shall be permitted for any business, delete this
c. Other than banner type signs, portable/temporary signs shall be a maximum of
nine (9)12 square feet along roadways with three or less travel lanes with a speed
limit of 25 mph or less and sixteen (16) 20 square feet along roadways with more
than three travel lanes or along roadways with a speed limit of over 25 mph,
d. Banner type signs shall be a maximum of sixteen (16) 30 square feet,
e. Other than banner type signs, portable/temporary signs be a maximum of three (3)
5 - 4 feet in height along roadways with three or less travel lanes with a speed
limit of 25 mph or less and five (5) 8 feet in height along roadways with more
than three travel lanes or along roadways with a speed limit of over 25 mph,
f. Portable/temporary signs shall only be permitted on the parcel on which the
business is located and shall not be permitted on any other parcels except that any
multi tenant site shall have the sign on the site and not on any other site.
g. Portable/temporary signs on a public sidewalk may be permitted
the -highway dictriet having jwisdiction only if a minimum of five (5) feet of
unobstructed walkway or ADA minimum remains for pedestrians delete- delete
strike thru part,
h. Portable/temporary signs shall not be permitted within any bermed landscaped
buffer, delete - delete
i. Other than banner type signs, portable/temporary signs shall be moved inside of
the building at the end of each business day,
j. Other than banner type signs, portable/temporary signs shall be reviewed and
approved by City staff and one Design Review Board staff only - no review and
make the responsibility of business owner only - no review and make the
responsibility of business owner - time unrealistic member within five (5)
working days of the proposal being submitted to the City,
k. Banner type sign shall be reviewed by City staff no review and make the
responsibility of business owner only - no review and make the responsibility of
business owner within three (3) 2 working days of the proposal being submitted
to the City,
1. All portable/temporary signs be made of weatherproof material,
5. TEMPORARY VENDOR SIGNS - Signs for temporary venders shall comply with
all the requirement herein except that any temporary vendor sign shall be permitted
for the entire length of time that the temporary vendor is in operation.
6. Sidewalk signs shall allow a minimum of 5 -feet, or ADA minimum, for pedestrians.
7. Temporary signs for holiday seasons or special - non business related- community
events (Le.: eagle fun days, school ball games, etc.) shall be permitted during the
season or for a maximum period up to thirty days for the event with no review
Page 2 of 3
\\Eagle 1\vo11\SHARED\P&Z\Administrative Int1AI-1-98 .doc
required by the City.
Don't enforce the codes on the 150 =/- signs, instead implement an interim ordinance
eliminating compliance requirements for temporary signs and then fast track a new
ordinance.
Page 3 of 3
\\Eag1e11vo111SHAREDIP&Z\Administrative Int1AI-1-98 .doc
; • /
11/19/1998 11:31 208939"5
a aLION* $41K BLAB
mal[, WAYNE GROUT
EAGLE DRUG STORPIaN PAGE 01
RECEIVED & FILED
CITY OF EAGLE
DRAFT
CITY OF EAGLE
MT POLICY
NOV 19 1998
File:
Route to:
Eagle City Code Section 8-2A-8 (I): The following signs are also prohibited; however,
they may be approved in writing, on a limited basis, to be determined by the Zoning
Administrator, as seasonal decorations, for a grand opening of a new business, or other
special occasions. No permit will be required. #12. Portable sites, including A -
frame signs, banners, sandwich signs, curb signs, pole attachments, mobile signs, but
not including real estate open house signs or political signs.
The following is the detailed criteria the Zoning Administrator is to use, as a matter of
City policy, when considering written approvals of the above referenced signs:
1. GRAND OPENING S - A frame, sandwich board, sidewalk, banner, pennant and
similar signs may be permitted for a grand opening for a new business or enterprise or
for a grand opening for a business or enterprise under new management for a
maximum period of fo b. a • — vc days. The sign shall be removed
within two days after
po
2. TEMPORARY SIGN IN i ' OF PERMANENT WALL SIGN - A business
identification banner, or aitnilar simnel: may be permitted on a temporary basis, not to
exceed ninety (90) days, during approval and construction of any wall sign for a new
business. The permit shall not be issued until a Design Review application for the
permanent wall sign bas been submitted to the City. Said sign shall not be larger than
the wall sign that would be permitted per this Title, shall only be located on time face
of the building where the wall sign would be permitted per this Title, and shall be
removed when the permanent sign is installed, not to exceed ninety (90) days.
3. TEMPORARY SIGN IN LIEU OF PERMANENT MONUMENT SIGN - A
business identification A frame, sandwich board or similar sign, may be permitted on
a temporary basis, not to exceed ninety (90) days, during approval and construction of
any monument sign for a new business. The permit shall not be issued until a Design
Review application for the permanent monument sign has been submitted to the City.
Said sign shall not be larger than the monument sign that would be permitted per this
Title and shall be removed when the permanent sign is installed, not to exceed ninety
(90) daYs-
/0/49
4. SPECIAL OCCASION SIGNS - Portabl . . nary siftsuch as A
sandwich board, sidewalk, banner, pennant signs may be permitted by the
City for special occasions not to exceed a total QPs (days need not be
consecutive) within any calendar month if the following criteria is complied with:
a. Portable/temporary signs shall advertise a special occasion only. Special
Occasions shall be defined as, "The addition of a new feature or new service being
DRAFt
Pica l of 2
Mete t1volltSHAREMPAZ1A+dm'mi dive baMi-1A8 .doc
DRAFT
11/19/1998 11:32 2089394'15
DRAFT sTw-6‘
PAGE 01
provided and/or promotional, special and/or seasonal events and other similar
occasions as may be approved by the City on a case by case basis.",
b. Only one portableltemporary sign shall be permitted for any business,
c. Other than banner type signs, portable/teinporary signs shall be a maximum of
ninc (9) square feet along roadways with three or less travel lanes and sixteen (16)
square feet along roadways with more than throe travel lanes,
d. Banner type signs shall be a maximum of sixteen (16) square feet,
C. Other than ban= type signs, portable/temporary signs be a maximum of three (3)
feet in height along roadways with three or less travel lanes and live (5) fad in
height along roadways with more than three travel lanes high, (Ste below)
f. Portable/temporary signs shall only be permitted on the parcel on which the
business is located and shall not be permitted on any other parcel.
rp�r iY 4 by
5) feat of
h. Portablehemporary signs shall not be , 'tted thin any . . Y ed landscaped
buffer, (See below)
i. Other than banner type signs, portable/temporary signs shall be moved inside of
the building at the end of each business day,
j. Other than banner type signs, portable/temporary signs shall be reviewed and
approved by City staff and one Design Review Board member within five (5)
working days of the proposal being submitted to the City,
k. Sumac cypc sign shall be reviewed by City stuff within awe (3) working days of
the proposal being submitted to the City,
1. All portable/temporary signs be made of weatherproof material,
m. Other Design criteria to be proposed by Design Review.
5. TEMPORAII
all the require
permitted for 1
DRAFT
(el Vs did discuss that speed would be."
a factor on how a sign is seen.This
in true, but probobly would make
things a little more teohnioal and
difficult to define. I guess, in the
final snalyeis, speed shouldn't
be considerer..
(b)
omply with
.be
ration.
Since we're diooueaing special
oeoaaion signs with a limited time
frame,these signs ehould be permittei
with staff review of sign.
OV BALL, I CAN APPBCIATIL ME DRAFT AND
WANT TO SU ' O R ' T YID DON'T
WANT TO BE A GARDENS CITY, FAIRVEW OR
NIRDIAN. I PRSONALLY CAN LIVE WITH ROST
OP ME DRAFT,BUT I'M NOT OPENING A NNW
B USIUSS EITHER. I Tim TH BANKS ARE
GOING TO RAVB TO FIUUBE OTHER WAYS TO
COWPr,NSATE FOR THE BANNERS. ELCEPTIONS
CANT BE )ADE. FERAL BUSSIN%S ARE GOING
TO H&Th TO MGM OUT OTUU AVXNUES OP
ADV tTISING Tli4E BUSIN]SS.
DRAFT
FROM : Copy Express - Eag 1 L .. daho
,,.., RECEIVED & FILED
PHONE NO. : 208 939 4556 Nov. O IN MAGb.al P1
TO: Mark Butler, Zoning Administrator
City of Eagle
NOV 1 9 1998
Filo:
Route to://7/4--' '0
VIA: FAX: 939-6827 November 19, 1998
FROM: Dave Brady
Copy Express
CC: Lynn Sedlacek (fax 939-8986)
Mark: Thank you for taking the time and effort to meet with the Economic Development
Committee and listen to their concerns regarding the sign ordinance.
I am responding to your request for comments regarding the draft policy you presented at the
November 19 meeting. I have several comments, some general in nature, and some more specific
regarding the actual recommendations.
Regarding the sign ordinance in general: Signage is vital to the success of a business. Signs must
be seen by the general public to help generate business. They are part of the complete advertising
package that a business must put together to be effective and stay in business. If the passerby
can't sec or read the sign easily, that sign cannot be effective. If the sign isn't effective, the
business is not going to be successful—or at least as successful as it should be.
In my view, the city needs to do everything in its power to create, amend and enforce a sign
ordinance that will help and encourage its businesses to be effective and viable. The ordinance
should be goal-oriented—what is its end goal? If its goal is to eliminate clutter and excess
signage without strangling enterprise, everything in the ordinance should lead to accomplishing
that goal. The rules should be reasonable and not so restrictive that they inhibit business. The
ordinance should be written clearly and simply so that the businessperson can make decisions
without consulting the city or obtaining legal counsel. There should not be conflicting passages in
it that lead to confusion. It should require compliance, but compliance should be easy, quick, and
cheap (in both time and money).
As I mentioned in the meeting, if there are 150 violations of the sign ordinance there must be a
problem with the ordinance. Rather that attempting at this time to enforce the ordinance to the
letter, the city should put compliance in abeyance and look into the reasons for such rampant
lawbreaking. To avoid problems with not enforcing the ordinance, I would suggest that the city
look into passing an interim ordinance that eliminates compliance with temporary sign restrictions
(this would take care of the majority of the problems, I believe)—then fast -tracking a NEW
ordinance that allows free enterprise in an attractive small-town environment. (There's no reason
this can't be accomplished.)
If, however, the city decides to continue with the policy discussed in the meeting, I suggest that the
criteria be modified so that compliance is the responsibility of the business owner. Requiring
approval by the zoning administrator and a member of the DR committee for every special
occasion or temporary sign will cost the city money and cost the business owner time (more
AdmiN #0.0a,
F1ROM•: Copy Express - Eaglt..daho PHONE NO. : 208 939 4556 Nov. 19 1998 03:12PM P2
-$1!100
money). Also, having to wait up to 7 days for approval will effectively prohibit many signs --the
retail world runs on a much faster time -line than government. Instead,'make the rules easy to
understand and follow, then have the zoning administrator enforce them upon complaint or when
it becomes known there is an infraction.
Item 4f, which allows signs only on the parcel on which the building is located, effectively
eliminates my business (Copy Express) from putting up a portable/temporary sign. The parcel
extends only to the edge of the building, and does not include any of the parking or easement.
Perhaps "site" could replace "parcel."
The size of the signs are, in the policy, a factor of the size of the adjacent road --a wider road leads
to a larger permissible sign. Setback from the road and speed limit should also be a factor. A sign
should be larger if it is further back from the traffic lane and/or the traffic travels by faster.
Finally, I think the city should look at this as an exercise in mating a friendly ordinance. If it is
mvised or re -written, the sign ordinance can be a boon to the business owner, the resident, and the
city government. If it remains as it is or is poorly re -written, it will remain the nightmare it now is.
Thanks again, Mark for your input and insight.
11/24/1998 13:35 2083360
. ,r
Post -!r Fax Note
VILAI�+�
PhonO 1
7671
C'SHQA ENGIIEERc.7
Daft" 4211"--
Fmen,..Jirt.nuterc-r
PliCine. '44400
1-- fr
1.41(
0/ Eagle City Code Section 8-2A-8 (I): The following signs are also prohibited; however,
ci they may be app u 4 in writing, on a limited basis, to be domed by the Zoning
Admini y. a, as seasonal decorations, for a grand opening of a new business, or other
occasions. No permit will be required. #12. Portable signs, including A -
frame sigi*s, banners, sandwich signs, curb signs, pole attachments, mobile signs, but
not including real estate open house signs or political signs.
eron-
alosponoi eia.16
PAGE 01
The following is the detailed criteria the Zoning Administrator is to use, as a matter of
City policy, when considering written approvals of the above referenced signs:
(6112 -444)
1. GRAND OPENINGS - A -frame, sandwich board, sidewallkbaaner, pennant and
similar signs may be permitted for a grand opening for a new business or enterprise or
for a grand opening for a business or enterprise under new management for a
maximum period of fourteen (14) consecutive days. The sign shall be removed
within two days after the grand opening.
2. TEMPORARY SIGN IN LIEU OF PERMA.NENT WALL SIGN - A business
identification banner, or similar sign, may be permitted on a temporary basis, not to
exceed ninety (90) days, during approval and construction of any wall sign for a new
business. The permit shall not be issued until a Design Review application for the
permanent wall sign has been submitted to the City. Said sign shall not be larger than
the wall sign that would be permitted per this Title, shall only be located on the face
of the building where the wall sign would be permitted per this Title, and shall be
removed when the permanent sign is installed, not to exceed ninety (90) days.
IMO
Ci
3. TEMPORARY SIGN IN LIEU OF PERMANENT MONUMENT SIGN - A
business identification A -frame, sandwich board or similar sign, may be permitted on
a temporary basis, not to exceed ninety (90) days, during approval and construction of
any monument sign for a new business. The permit shall not be issued until a Design
Review application for the permanent monument sign has been submitted to the City.
Said sign shall not be larger than the monument sign that would be permitted per this
Tittle and shall be removed when the permanent sign is installed, not to exceed ninety
(90) days.
1'"' Imam
4. SPECIAL OCCASION SIGNS - Portable/temporary signs, such as A -frame,
1.16 sandwich board, sidewalk, banner, pennant and similar signs may be permitted by the
City for special occasions not to exceed a total of 7 days (days need not be
consecutive) within any month if the following criteria is complied with: ce
a. Portable/temporary signs shall advertise a special occasion only. Special
Occasions shall be defined as, "The addition of a new feature or new service being
Page 1 of 2
H;\P&Z Aelstiaistxtivc InMl-1-98 4oc
11/24/1998 13:35 20833E0
•
a
CSHQA ENGII€ERSamN PAGE 02
provided and/or promotional, special and/or seasonal events and other similar
occasions as may be approved by the City on a case by case basis.",
b. Only one portable/temporary sign shall be permitted for any business,
c. Other than banner type signs, portable/temporary signs shall be a maximum of
nine (9) square feet along roadways with three or less travel lanes and sixteen (16)
square feet along roadways with more than three travel lanes,
d. Banner type signs shall be a maximum of sixteen (16) square feet, Iowa ( )
e. Other than banner type signs, portable/temporary signs be a maximum of -#h. �,, (3)
feet in height along roadways with three or less travel lanes and atet
height along roadways with more than three travel lanes high,
f. Portable/temporary signs shall only be permitted on the parcel on which the
business is located and shall not be permitted on any other parcel.
g. Portable/temporary signs on a public sidewalk may be permitted if approved by
the highway district having jurisdiction only if a mum of five (5) feet of
unobstructed walkway remains for pedestrians,
h. Portable/temporary signs shall not be permitted within any bermed landscaped
buffer,
i. Other than banner type signs, portable/temporary signs shall be moved inside of
the building at the end of each business day,
I Other that banner type signs, portable/temporary signs shall be reviewed and
approved by City staff and one Design Review Board member within five (5)
working days of the proposal being submitted to the City,
k. Bang - : be reviewed by City staff within three (3) working g days of
the proposal being submitted to the City,
1. All portable/temporary signs be made of weatherproof material,
m. Other Design criteria to be proposed by Design Review.b
5. TEMPORtRY VENDOR SIGNS - Signs for temporary venders shall comply with
all the req in except that the any temporary vendor sign shall be
permitted for the entire length of time that the temporary vendor is in
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114
IX
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Pap 2of 2
H.1P&ZIAdministrativo kzMAI 1-98 .doe
4/16/98 HON 10:27 FAX 208 ,B4 2626
Tom Greco. Program Development Offlcnr
501 Baybrook Court
Po Box 70002
Boise, ID 83707-0102
208.42635
fax 208424-2826
email tgrecoaulcaLorg
Fax
To: Mark Butler and Bill Vaughn
Fain 939-6827
Phone:
Re: Draft Sign Policy
x Urgent x For Review
JA KATHRYN ALBBRTSO?SDN
RI 001
JA & Kathryn
Albertson Foundation
RECEIVED & FILED
CITY OF EAGLE
NOV 161998
Filo:
Route to:
From: Tam Greco, Program Development Officer
Pages: 3 including ooversheet
Date: 11/16198
CC:
0 Please Comment 0 Please Reply 0 Information Only
• Comments:
Mark and Rill: Per your request on Thursday,1 have written In my comments on the Draft.
Cali it you have any questions.
Regards,
11/16/98 HON 10:27 FAX 208 ARM 2626
JA KATHRYN AIBSRTS �*%y%R�G � to
7;ce-oday
939-4f27
Cu. t OF EAGLE
Immo CITY POLICY
LL Lis
4
ce Eagle City Code Section 8-2A-8 (1): The following signs are also prohibited; however,
they may be approved in writing, on a limited basis, to be determined by the Zoning
Administrator, as seasonal decorations, for a grand opening of a new business, or other
special occasions. No permit will be required. #12. Portable signs, including A -
frame signs, banners, sandwich signs, curb signs, peloaffinahmonts, mobile signs, but
not including real estate open house signs or political signs. waxed "e"
/per�A
The following is the detailed criteria the Zoning Administrator is to use, as a matter of
City policy, when considering written approvals of the above referenced signs:
1. GRAND OPENINGS - A -frame, sandwich board, sidewalk, banner, pennant and
similar signs may be permitted for a grand opening for a new business or enterprise or
for a grand opening for a business or enterprise under new management for a
maximum period of fourteen (14) consecutive days.ahe sign shall be removed
within two days after the grand openink7ro oma. dayio✓ ??
2. TEMPORARY SIGN IN LIEU OF PERMANENT WALL SIGN - A business
identification banner, or similar sign, may be permitted on a temporary basis, not to
exceed ninety (90) days, during drr.,, nal and construction of any wall sign for a new
business. The permit shall not be issued will a Design Review application for the
permanent wall sign bas been submitted to the City. Said sign shall not be larger than
the wall sign that would be permitted per this Title, shall only be located on the face
of the building where the wall sign would be permitted per this Title, and shall be
removed when the permanent sign is installed, not to exceed ninety (90) days.
3. TEMPORARY SIGN IN LIEU OF PERMANENT MONUMENT SIGN - A
business identification A -frame, sandwich board or similar sign, may be permitted on
a temporary basis, not to exceed ninety (90) days, during approval and construction of
any monument sign fora new business. The permit shall not be issued until a Design
Review application for the permanent monument sign has been submitted to the City.
Said sign shall not be Urger than the monument sign that would be permitted per this
Title and shall be removed when the permanent sign is installed, not to exceed ninety
(90) days.
4. SPECIAL OCCASION SIGNS - Portableltemporaxy signs, such as A -frame,
sandwich board, sidewalk, banner, pennant and sirdar signs may be permitted by the
City for special occasions not to exceed a total of 7 days (days need not be
consecutive) within any month if the following criteria is complied with:
a. Portable/temporary signs shall advertise a special occasion only. Special
Occasions shall be defined as, "The addition of a new feature or new service being
Page 1 of 2
14:1P Id1AI 1-98 4oe
41/16/98 NON 10:27 FAX 208 ,' 2626 JA KATHRYN ALBERTS070b0N
Immis
1617 provided and/or promotional, special and/or seasonal events and other similar
wokoccasions as may be approved by the City on a case by case basis.",
b. Only one portable/temporary sign shall be permitted for any business,
C c. Other than banner type signs, portable/temporary signs shall be a maximum of
nine (9) square feet along roadways with three or less travel lanes and sixteen (16)
square feet along roadways with more than tbr+ee travel lanes,
d. Banner type signs shall be a maximum of sixteen (16) square feet,
e. Other than banner type signs, portable/temporary signs be a maximum of three (3)
feet in height along roadways with three or less travel lanes and five (5) feet in
height along roadways with more than three travel lames high,
f. Portableftemporary signs shall only be permitted on the parcel on which the
business is located and shall not be permitted on any other parcel.
g. Portable/temporary signs on a public sidewalk may be permitted if approved by
the highway district having jurisdiction only if a minimum of five (5) feet of
unobstructed walkway remains for pedestrians,
h. Portable/temporary signs shall not be permitted within any bermed landscaped
buffer,
i. Other than banner type signs, portable/temporary signs shall be moved inside of
the building at the end of each business day,
j. Other than banner type signs, portable/temporary signs shall be reviewed and
„„ red by City staffand one Design Review Board member within five (5)
working days of the proposal being submitted to the City,
k. Banner type sing shall be reviewed by City staffwithin three (3) working days of
the proposal being submitted to the City,
1. All portable/temporary signs be made of weatherproof material,
m. Other Design criteria to be proposed by Design Review.
5. TEMPORARY VENDOR SIGNS - Signs for temporary venders shall comply with
all the requirement herein except that the any temporary vendor sign shall be
permitted for the entire length of time that the temporary vendor is in operation.
4-4.eee clifev4.04.AL •
Page 2of 2
HApanAdrainistrative InMI-1-98 rdoc
el 003
F-
a
.f
'SEW BY: .
1-23-98 ; 5: 03PM ; POWER ENGRS.5E-►
November23,1998, 04:14 PM
To: Nancy Merrill and Mark Butler
cc: Gary Blaylock
Subject: Eagle City Sign regulations
208+939+6827;# 1/ 2
Facsimile Cover Sheet
Original To Follow Via U.S. is Yes 0 No g
Total Number of Pages, Inducting This Page:
Fax No.: 939-6827
Fax No.: 342-7883
RECEIVED & FILED
CITY or EAGLE
NOV 13 1358
File:
Route to: / C
Message: Nancy thanks for seeking our input and for the City's review of the sign
regulations.
have read the draft regarding changes in the regulations involving prohibited signs. It is apparent
that the city is seeding some middle ground concerning the use of temporary signs. In general, I agree
with this draft with some comments for your consideration:
• Grand Openings — I would like to see new businesses allowed use of banners for 6 months in
order to establish their businesses. Monument signs do not offer enough exposure for new
businesses. In the case of North Channel Center with multiple tenants, the tenants would have to
work together with compliance. Too many up at one time would be counterproductive
and unsightly.
• Special Occasion Signs —1 would lie to see the 7 -day period per month extended to 10 days
with special consideration being given to the Thanksgiving/Christmas season. 1 believe the city
could handle this on an honor system after an initial approval ofthe proposed design by the zoning
administrator. Because of On already overburdened stag I fear being bogged down in the
bureaucracy if each event requires prior approval.
• Location of Portableftemporary signs — We need to be allowed to use the landscaped area
between the 'roadway and the sidewalk/path within North Channel Center.
• Neon Window Signs - 1 believe that ow business has a very classy neon open sign in the
window, which also happens to be an extremely effective tool for us. The requirement that these
PLEASE CALL (208) 3784371 fFACSMLE IS INCOMPLETE OR ILLEGBLE
THIS MESSAGE IS INTENDED ONLY FOR TFC USE OF THE NONDUALOR ENMYTO WHICH Nf ISADOREISERAND MAY CONTAIN WFOR MTiON THAT IS
PRIVILEGED. CONFIDENTIAL AD E>EEIFT FROM DISCLASURE UNDER Mf'UCA8LE LAW. F THE READER OF THIS IMAGE GE IS NOT THE gvnENDED
R ea. OR THE E NPLOYEF OR AGENT RESPCNSEBLE FOR COVERING THE IIFESAN;E TO THE IMMO RECUT. YOU ARE HEREBY Ammo
THAT ANY DIGEIEAMATION. OIS1R BUTTON OR cOPYNG OF THIS COMMUNICATION IS S1RICR.Y FROWNED. F YOU HAVE RECEIVED THIS
COIALINICATON N ERROR. PLEASE NOTIFY US IMMITIATELY BY TELEPHONE AD RETURN THE ORIGINAL MESSAGE TO US AT DE saw ADDRESS
VIA U.& MALSERV& THANK YOU.
POWER Eogmcers. Incorporated
1295 & Bab FR'ightWay
13olse, Idaho 83709
Phone: (208) 378.0022
Fax O8) 376-0025
SENT BY:
'414'.1-23-B8 ; 5: 04PM ; NOWI R hT GRS SSE 208+938+6827; # 2/ 2
signs be not bang hung within three feet of the window surface is a cause of Conn for safety
reasons.
I believe that a larger problem is the prohibition of interior lit wall building'signs and the size allowed
for wall building sigma. Speaking for myself only, I would be less inclined to use banners and
sandwich board signs if the building signs allowed were attractive and well -lit and of sufficient size as
to be noticed by motorist traveling on Eagle Road. With Design Review involved, the City should be
able to achieve their objectives and still allow the new businesses the use of a modern, effective and
attractive sign.
Thanks for considering my comments and we look forward to a satisfactory resolution to the sign
regulation revisions being considered.
Doug and Jan Cannon
Native Brews Espresso
378-6371 Day Number for Doug Cannon
939-0319 Homc/Offoe
939-3947 Native Brews Espresso
PLEASE (208) 378.6371 if FACSIMILE IS INCOMPLETE OR a1.EGt8LE
INS t ESSAGE is rn9NDED OILY FORME USE OF THE NDEVIDUALOR BITI1Y TO MICH rr IS ADDRESSED, AND MAY cONTAIN INFORMATION THAT Is
PRATiEGED, OONFIDENTEAL AND EXEP4PT FROM DISCLOSURE WWI APPUCASEE LAIN. F THE READER OF THIS IESSAGE IS MOR TEiEc MENDED
REclPe ir, al THE BffLOYEE DR AGM RESPONSIBLE FOR CaNERING THE IMESSWE TO TEE INTENDED REC1904T. YOU ARE HEREBY NOTWED
THAT AM, COSEMNATION. DISTREUTION OR COPYING OF THIS Casing CATION I.S STRCTLY pRogetTED. F YOU HAVE RECEIVED THIS
azaii ncAnoN N ERROR. PLEASE Nar y Us came TI3Y BY TELEPHONE AND RERIRNJ TEE ORIGINAL IIIESEAGE TO US AT THE BELOW ADDRESS
VIA US. MIAL.EFR lcE TWWCYOU.
pOWEIR Engineer% incorporated
12958. Eagle Malt Way
Boise, idbho 83709
Phone: (208) 3781022
Fax (208) 3784025
NOV.20 '98 3:15PM
Washington Federal Savings
5t*) E STATE ST
EAGLE. ID 83616
PO BOX 487
EAGLE. ID 83616.0487
(208) 9394278 FAX # (203) 939-1445
FAX T R A N S M I $SIO N
DATE: 11 -7,A)
TO: Nit3sOrtuellai LI -11
FROM: MI CAVIL Pfvt..A vt
* OF PAGES (INGLtJD INS THIS COVER SHEET) 1
3
P.1/3
RECEIVED & FILED
CITY OF EAGLE
NOV 201998
File:
Route to: r n t
SPECIAL INSTRUCTIONS' )W51Q ChtlAitkItS.
\lk*W t
W771(*IIOE N WA.0 U G1ZN. IDAHO, OREGON. t 7TAH MO ARIZONA
ROME L M . it; MIT '5/U1MT.XATTLE.WA 34101 Nu.• 1V1
•1
NOV.20 '98 3:15PM
DRAFT 551"a�
CITY OF EAGLE
CITY POLICY
P. 2/3
Eagle City Code Section 8-2A-8 - owing ternsalso prohibited, however,
the(�• The fell are
y may be approved in writing, on a limited basis, to be determined by the Zoning
A
as seasonal dccozations, for a grand opening of a new business, or other
special occasions. No permit will be required. #i 2. Partible signs, including A -
frame signs, bannerol sandwich signs, curb signs, pole attachments, mobile signs, but
not including real estate open house signs or political signs.
The following is the detailed the Zoning Administrator is to use, as a matter of
City policy, when considering written appro. ;Js of the above rsterunced signs:
1.
2.
3_
GRAND OPENINGS - A -frame, sandwich bow sidewalk, banner, pennant and
similar signs may be permitted for a grand opening for a new business or enterprise ar
for a grand opening for a business or under now management for a
maxim mod of fourteen (14) consecutive days. The sign shall be removed
the grand opening.
vn
trt-'
‘4 aCV
TEMPORARY SIGN IN LIEU OF PERMANENT WALL SIGN - A business
identification banner, or similar sign, may be permitted on a temporary. basis, not to
exceed ninety. days, during approval and construotion of any wall sign for a new
business. The permit shall not be iced until a Design Review application for the
Permanent wall sign has been submitted to the City. Said sign shall not be largvi than
the wall sign that would be permitted per this Title, shall curly be located on the face
of the building where the wall sign would be permitted per this Title, and shall be
removed when the permanent sign is installed, not to exceed ninety eirkdays. 1,47
TEMPORARY SIGN IN LIEU OF PERMANENT MONUMENT SIGN - A
business identification A -frame, sandwich board or similar sign, may be permitted on
a temporary basis, not to exceed ys, during approval and construction of
any monument sign for a new business. The permit shall not be issued until a Design
Review application for tbg permanent monument sign has been submitted to the City.
Said sign shall not be larger than the monument sign that would be permitted per this
Title and shall be removed when the permanent sign is installed, not to exceed ninety
(90) days.
4. SPECIAL OCCASION SIGNS - Pottableftcruporary Signs, such as A -frame,
sandwich board, sidewalk, banner, pennant and itiii*.gns may be perm by the -
City for special occasions not to exceed a total o days need not be
- ...Arc) within any calendar month if the fo owing criteria is compli . with:
ortable/tc mporary signs shall advertise a special occasion only. Special •
Occasions shall be defined as, The addition of a new feature or new service being
PRAFT
Page 1 of 2
UnesionvolltSHAREC1P&MAd ,, , , lye bM1-145 4oc
DRAFT
tAlk
INV. 20 '98 3:1pMDRAFT
P. 3/3
provided and/or promotional, special and/or seasonal Wagand other similar
occasions as may be approved by the city on a ease by one basis. ,
Lailpbalwarmhtaremibmineek
c Other than banner
type signs, portable/temporary signs shall be & maximum of
-d,,- nine. jsquare fcct along roadways with three or less travel lanes and sixtecn (lto
•
G)square feet along roadways with more than three gavel lams, .1 O
Banner type signs shall be a maximum of sixteen (square fee '
e. Other than banner type signs, pnrtablelteinpotary signs be a maximum of three ()1j
feet in height along roadways with three or less travel lanes and five (5) feet in
height along roadways with more than exec travel lanes high,
f. _ Portable/temporary signs shall only be permitted on the parcel on wbirh the
usincss is located and shall not ba permitted on any other parcel.
ortableJtcmporary signs on a public sidewalk may be permitted if approved by
the highway district having jurisdiction only if a minimum of five (5) fee, of
unobstructed walkway renins for pedes, •
shall not be permitted within any bermed landscaped •
'buffer,
i. Otho than bwmcr type signs, portable/t.,4 ry signa shall be moved inside of
the building at the end of ea& business day,
j. Other than banner type signs, portable/temporary signs shall be reviewed and "\k, approved by City staffand one Design Review Board member within ft
working days of the proposal being submitted to the City,
k. Banner type sign shall be reviewed by City staff within throe' working days of
the proposal being submitted to the City,
-01. All s ble/tem signs be made of roof
lm Po�'Y � v� ssra#1:��
• m. Other Design criteria to be proposed by Design R�evie�v‘, -e: �'
5. TEMD'ORARY VENDOR SIGNS - Sips for temporary venders .shall comply with
all the requirement herein except thatany temporary vendor sign shall be
permitted for the entire length of time that the temporary vendor is in operation.
DRAFT
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N1E1envotnSHARE ARMAdadniontivc JnAAJ 1-+91 .doe
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11