Minutes - 1999 - City Council - 08/21/1999 - SpecialORIGINAL
EAGLE CITY COUNCIL MEETING
MINUTES
Special Meeting Comprehensive Plan
August 21, 1999
NOTE: IF THE MEETING EXTENDS INTO THE AFTERNOON THE COUNCIL
WILL BREAK FOR APPROXIMATELY ONE HOUR FOR LUNCH AT OR NEAR
NOON
COUNCIL MEETING: 9:00 a.m.
1. CALL TO ORDER:
Mayor Yzaguirre calls the meeting to order and explains the procedure to be followed.
2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber.
All members are in attendance. A quorum is present.
3. PUBLIC HEARINGS:
1. HEARING FORMAT
a. Each application will be heard separately.
b. The applicant will present their proposal.
c. The City staff will provide a report.
d. Public testimony, limited to comments regarding the application being
reviewed, will be taken.
e. The public hearings will be left open for additional public testimony on
August 28, 1999, and on
additional meeting dates if the Council determines that additional meetings
for public input is
needed.
f. Council will not take action on any applications until all the public hearings
have been closed
including the public heating for the City initiated Comprehensive Plan which
is scheduled for
August 28, 1999.
The public notice for this item only addressed the proposed Comprehensive
Plan amendment. Therefore, public testimony will be limited to the proposed
Comprehensive Plan amendment. The Rezone and Development agreement
portion of this item will not be heard on August 21, 1999, but will be
continued to the August 28, 1999, meeting. Additional public testimony on the
proposed Comprehensive Plan amendment will also be taken on August 28,
1999.
CPA-1-98 & RZ-2-98 - Eagle River Development (Grossman Properties) -
Eagle River, LLC: Eagle River, LLC, represented by Bill Clark, is requesting
approval of a comprehensive plan amendment from Public/Semi-Public to
Commercial and from Medium Density Residential to Commercial, Mixed
Use, Public/Semi-Public; and a rezone from A (Agriculture) and M-lA
(Industrial Park District) to PS-DA (Public/Semi-Public), R-4-DA
(Residential), C-3-DA (Highway Business District), and MU-DA (Mixed Use)
with a development agreement. A portion of the proposed change from the
residential land use designation to the Public/Semi Public land use designation
and M-iA zoning designation to PS-DA zoning designation is City initiated
for a City park. The 93-acre site is located on the southeast comer of State
Highway 44 and S. Eagle Road.
NOTE: CPA-l-98 must be acted on prior to RZ-2-98 and the Development
Agreement.
Mayor Yzaguirre introduces the first item on the agenda.
Mark Butler discusses the items to be discussed in the meeting today.
Bill Clark, 479 Main Street, Boise, representing Eagle River, LLC, introduces the Eagle
River Development (Grossman Properties). Identifies issues of importance to the city of
Eagle. Advantages of residential and commercial development. Reviews the process
taken to plan and develop the Eagle River Development project. Identifies the items to be
included in the development, one would include a park or provisions for a city park.
Slides are shown to illustrate comparable developments. Discusses the development in
relation to downtown Eagle. Feels this development will be a compliment to the
downtown area and increase the tax base. Mentions the growth of the downtown area to
include the retail use on the north side of Highway 44.
Mark Butler and Bill Vaughan give a staff recommendation. Mark defines mixed-use
zoning. Mark uses an overhead to demonstrate and explain the area being discussed. A
review is given on the conclusion on the comprehensive plan of the focus groups and the
Planning and Zoning Commission. Different types of zones and what is allowed within
that zone is explained. Council asks questions and is answered by Butler.
Mayor Yzaguirre announces a break at 10:10 a.m.
Meeting is resumed at 10:25 a.m.
Mayor opens the meeting for public comment.
Tom Dater 826 E. Riverside, represents 3 parcels of land in Eagle. Feels timing of the
change in the comprehensive plan in inappropriate. If high density is allowed the
downtown area will be relocated. Currently the downtown area is not fully developed.
Concerns with traffic flow, move of city center, protecting residential atmosphere to the
east. Ownership of land is at issue. Area at issue should be zoned residential. If
approved as presented would like to see proper berming to protect the peaceful genre.
Three priority is to wait 5 years, it should all be under mixed use with PUD is required,
put restriction on protecting the residential area already residing.
Vaughan Olson 5537 S. Cliffsedge Avenue, Boise, representing family land in Eagle, but
not currently residing on that property. Has not been invited to discuss the development
of the comprehensive plan. Has been approached by the city to acquire the property.
Laura Kubinski, 4193 S. Pinecrest Way, Boise, ID, representing Albertson's, need to
balance the rights of the home owners, developers and the businesses of Eagle. Feels the
development of other than CBD will take away from the existing downtown area.
Approves of the pathway along Island Woods area. Recommend that no large
development be approved. Submits 2 exhibits.
Ron Bath, 1729 Whitney Lane, Eagle, ID. A developer in the city of Eagle. Feels the
comprehensive plan to be a potential to be a 180-degree change in the existing
comprehensive plan. Has planned his developments on the small town genre and feels
that a change in the plan would impact the plan of his developments. Questions are asked
and answered.
Lynn Milton, 3939 Brookside Lane, 83703, served as a member of the focus group.
Would like to see development to facilitate the tax base needed to support Eagle.
Recognizes them will be development and would like to see it managed well. Concerns
with medium density and the flood plain. Would suggest 1 house per 2 acres, clustered,
to facilitate the sewer issue and flood plain.
Don Knickrhum, 1403 N Mace Road, Eagle. Speaking as an individual, is opposed to the
Grossman development. Primary concern is this property is key to the development of
the entry of the city of Eagle, and because if allowed to be developed inappropriately will
"gut" downtown Eagle. Allowing 'big-boxes' on the south side of Highway 44 would be
a big mistake. Would suggest that the area be zoned MU.
Sandy McDonald, 1912 N. Trail Creek, agrees with Mr. Knickrhum.
Greg Johnson, 1840 N. Clarendon Way. Would suggest that they accept the P&Z
recommendation for this area to be MU.
Lidia Gutierrez, 300 W. State, representing Kings, has concerns with the viability of the
small stores in Eagle with the development of large stores.
Steve Deckers, 2249 Dicky Circle, speaks on the issues and thinking of the focus groups.
Nancy Amell agrees with what has already been discussed.
A1 Cordial, concerns on the impact of infrastructure.
Applicant, Bill Clark, has an opportunity for rebuttal. General response. Would like to
discuss the development agreement and problems with PUD in great detail at a later date.
MERRILL moves to continue CPA-l-98 & RZ-2-98 - Eagle River Development -
approval of a comprehensive plan amendment from Public/Semi-Public to
Commercial and from Medium Density Residential to Commercial, Mixed Use,
Public/Semi-Public; and a rezone from A (Agriculture) and M-lA (Industrial Park
District) to PS-DA (Public/Semi-Public), R-4-DA (Residential), C-3-DA (Highway
Business District), and MU-DA (Mixed Use) with a development agreement. A
portion of the proposed change from the residential land use designation to the
Public/Semi Public land use designation and M-lA zoning designation to PS-DA
zoning designation is City initiated for a City park. The 93-acre site is located on
the southeast corner of State Highway 44 and S. Eagle Road (Grossman Properties)
to Saturday, August 28, 1999. GUERBER SECONDS. ALL AYE. MOTION
CARRIES.
Mayor Yzaguirre calls for a five-minute recess at 11:30 a.m.
Mayor Yzaguirre reconvenes the meeting.
CPA-2-98 & RZ-7-98 - Comprehensive Plan Amendment and Rezone for
BramHall Subdivision - Roger C. Crandlemire: Roger C. Crandlemire,
represented by Roylance & Associates, is requesting approval of a
comprehensive plan amendment from Very Low Density Residential (one
dwelling unit per two acres maximum) to Medium Density Residential (four
dwelling units per one acre maximum), and a rezone from A-R (Agricultural-
Residential - one dwelling unit per five acres maximum) to R-3 (Residential -
three dwelling units per one acre maximum). The 95.2-acre site is located on
the north side of Floating Feather Road approximately ~A-mile west of Eagle
Road at 1400 W. Floating Feather Road.
NOTE: CPA-2-98 & RZ-7-98 should be heard together since they are
significantly interrelated. However, CPA-2-98 must be acted on prior to RZ-
7-98.
Mayor Yzaguirre introduces the issue.
Dave Roylance, 391 W. State, Eagle, representing Roger C. Crandlemire. Introduces the
project and suggests that it is similar to Lexington Hills. Shows a visual aid of Lexington
Hills. Would like to change some items shown on the visual. Discusses the density and
the effective use of water and sewer, verses septic tanks. General discussion.
Butler and Vaughan give a staff report. Vaughan gives an overview of the area of the
project. Staff had previously given a recommendation for denial of the application,
Vaughan reviews that recommendation. Vaughan reviews the Planning and Zoning
Commissions recommendation for the project. Septic tanks and sewer system is
discussed. General discussion.
Dave Roylance replies to questions.
Mr. Moser will be asked to attend a meeting to clarify the sewer issues.
Mayor Yzaguirre opens the public heating.
Jennifer Wolf, 5187 N. Wolf Ridge Lane, people move to Eagle for the rural atmosphere
do we really need another high-density development? When you make a plan you need to
stick to that plan for the individuals that have invested in the area due to those plans.
Sophia Fleming, 7331 Misty Glen, Boise, ID, concerned because she is moving to the
area in question because it is not high density. What kind of impact will high density
have on the fire department and other services?
Pat Miller, 959 Preakness, Downing Downs, does not like to live in high density area,
choose Eagle for that mason. Recommends denial of rezone to higher density.
Betty Miller, 959 Pmakness, Downing Downs, wife of the above. Concerns for
infrastructure, quality of schools and property compatibility.
Marty Taylor, 832 Hialiah, the development is not compatible with the existing Downing
Downs subdivision. Concern about infrastructure, schools, etc. Imgation water is big
issue. Downing Downs does not want to be rezoned to higher density.
Lynn Milton, 3939 Brookside Lane, lives in the area of impact. Thinks of alternative
options to large acreage lots. Example: Condo for horses. Feels them are developers
coming in with the knowledge of the existing comprehensive plan, purchasing the
property and submitting an application to change the plan. Discussion of building within
the flood plain is discussed.
Grog Johnson, 1840 N. Claredon Way, agrees with previous testimony and also feels that
approval of this development will set a precedent to future developments. Pretty much
reiterates what the other individuals have stated.
Sarah Johnson, 1848 N. Clarensdon, does not want the area to be higher in density.
Georgia Mackley 1815 Stonybrook Court, Lexington Hills. Challenge Mayor and city
council to drive through the city of Eagle. Feels that what might be considered beautiful
rural land is in reality a weed patch, with discarded old cars and garbage on them. A lot
of people dream of a two acm lot and find that when they get the land have a hard time
maintaining it.
Mayor Yzaguirre calls for a one-half hour break 1:15 p.m.
Meeting was mconvened at 2:00 p.m.
Rod Calhoun, long time resident, 1501 W. Floating Feather Road. Is here to speak for the
farm families. Feels it is more appropriate to have higher density on higher land, instead
of in the flood plain.
Elenore Chase, 70 W. Floating Feather Road. If the farmers would have had it there way
there would be no subdivisions. Feels it should be changed to a higher density. We need
to have the tax base to support the new subdivisions. Schools should be provided by
other areas not only the Eagle area. Different entities have taken sections of her property
to support the existing subdivisions that now do not want any more development and
want the low density.
Terry Hepner, 642 Steepleview pro growth. Felt that many of the homes in Downing
Downs are "rustic" looking and would prefer that look and the opportunity of having the
land he wants to maintain of his own. Has seen both the effects of growth and stagnation.
Greg Nicholas, 971 Preakness Drive, Downing Downs. Has seen both growth and
stagnation. Would like to see a balance in the pace of growth. Has seen where
developers are assessed to pay for the new infrastructure. Does not feel an existing
subdivision should have its original zone changed.
Guerber clarifies the concept of 'changing the zone designation overnight'.
Floyd Calhoun, long time Eagle resident, since 1939, when he came he didn't ask anyone
if he could, didn't tell anyone they couldn't and doesn't feel anyone should be able to do
that today. The people in the subdivision across the street like the view of his property
but so far no one has offered to pay him for his view.
Kathryn Hepner, 642 Stiemple View. Ditto what her husband said. Wants to have
quality people in her city. Would like to see the comprehensive plan reflect Downing
Downs have a maximum of one house per acre.
Karen Barns, 1365 W. Yellowstone, is not sure there is anything wrong with the 1997
comprehensive plan, and redoing it is a waste of time and money. It seems that all
testimony given in the P&Z meetings just went right over the heads of the P&Z
Commissioners. On the plans is a proposed one-mile road specifically designed to
alleviate the traffic congestion for this subdivision.
Cathy Simonson, 550 Sierra View, feels the original settlers wanted the rural atmosphere
and so do the new individuals who are moving here.
Steve Deckers, sewer system and the relationship to the city. Once you set a precedent
you create something that may be hard to stop. Concerned about schools.
Russ Buschard, 235 W. Floating Feather Road, to the existing land owners, if they keep
the land as farm land it isn't worth as much as if it has a high density zoning. The new
developments should be required to pay for the new schools. Disappointed with the
performance of the P&Z Commission. Feels there is room for change, but not huge
changes specifically for developers. Looking at pure developer's profits.
Rod Brevig, 763 W. Aikens Court, familiar with Lexington Hills and feels it is a
compliment to the community. Feels this kind of development is an asset to the
community.
Dave Roylance, gives a rebuttal. If the neighbors want one house every two acres that is
fine but there are conditions that come with it, such as the effect of septic tanks up slope
from someone else's well. Canterbury Subdivision is developed with one house on a
two-acm lot and it has some real problems with upkeep and compliance to the CC&R's.
Them are some problems with clustering, if you can make it work draw it up. Some
items sound good but to actually get it from a concept to reality is sometimes hard to
accomplish. Need to understand the sewer and health department stand. Compromise is
an option.
Steve Guerber gives statement to the audience saying - the City Council works to make
the right decisions for everyone. But you can not make everyone happy all the time. The
City Council will do what they think is right!!!
A1 Cordial, feels City Council is being pressured by developers, does agree with Steve
Guerber that their job is not to make everyone happy. Worked for a company that
changed their Comp plan on a yearly basis, the company is now out of business. The
developer has only one thing in mind, to get the most money he can. Would like to
suggest the City Council reexamine the current comprehensive plan.
Guerber moves to continue the application of Roger C. Crandlemire, represented by
Roylance & Associates, is requesting approval of a comprehensive plan amendment
from Very Low Density Residential (one dwelling unit per two acres maximum) to
Medium Density Residential (four dwelling units per one acre maximum), and a
rezone from A-R (Agricultural-Residential - one dwelling unit per five acres
maximum) to R-3 (Residential - three dwelling units per one acre maximum). The
95.2-acre site is located on the north side of Floating Feather Road approximately
3/~-mile west of Eagle Road at 1400 W. Floating Feather Road meeting to August 28,
1999. Seconded by Bastian. ALL AYE. MOTION CARRIES...
Mayor Yzaguirre calls for a ten-minute break.
The meeting is reconvened at 3:35 p.m.
C. CPA-3-98 - Comprehensive Plan Amendment for Patterson Property - Sharon
Patterson: Sharon Patterson, represented by The Land Group, is requesting
approval of a comprehensive plan amendment from Medium Density
Residential (four dwelling units per acre maximum) and Industrial to Mixed
Use and Commercial. The 9.6-acm and l-acm sites are located on the
southwest and southeast comers of State Highway 55 and Hill Road at 2805
and 2809 Hill Road.
Mayor Yzaguirre introduces the issue.
Butler reviews the application and mentions that the Land Group could not be hem but
they will be here on August 28,1999. Butler reads a letter sent to the Mayor and City
Council by the Land Group addressing the application.
Butler introduces the staff report on the application. Floyd Patterson would like to put a
gas station/convince store on the commemial site. Not certain what he will place on the
other side of the road. Staff had recommended approval of the comprehensive plan
amendment for this application. Staff does not feel that this gas station would adversely
effect the downtown business district. Planning and Zoning Commission did not
approve this application, concerns with traffic, fumes, and lights.
Let the record show that the Mayor left at 3:55 p.m. to preside at a wedding.
John Evans, 2654 E. Lakefork, developer of the Great Sky Subdivision. Owns the land
to the west of the application. Did want to state he is for the mixed use zoning in the
area. It would be to the benefit of the subdivision to have some sort of transition from
the comer to the entrance of Gmat Sky.
Angela Deckers, 2249 Dicky Circle, representing Evans Subdivision #2 and #3, would
like to have this application denied. Does not fit within the previous or the new
proposed comprehensive plan. Would like to see a high tech business park verses the
gas station. Can see this creating the same problems as the Chevron station at Beacon
Light and Hwy. 55 and the surrounding residents. Sees traffic as a problem. Most major
concern is the precedent they would be setting.
Steve Deckers, 2249 Dicky Cimle.
Julie Frae 2203 Sadie Drive. She feels that to have another gas station so close to Eagle.
Is this the way we want Eagle to look.
Kathryn Hepner, feels that you can develop a gas station so that it is not offensive. She
is for the approval of the application. Is surprised that there is so much residential up
and down Hwy. 55. Feels them are other solutions that can facilitate everyone.
Guerber moves to continue CPA-3-98 - Comprehensive Plan Amendment for
Patterson Property - Sharon Patterson. Sharon Patterson, represented by The Land
Group, is requesting approval of a comprehensive plan amendment from Medium
Density Residential (four dwelling units per acre maximum) and Industrial to
Mixed Use and Commercial. The 9.6-acre and 1-acre sites are located on the
southwest and southeast corners of State Highway 55 and Hill Road at 2805 and
2809 Hill Road until the August 28, 1999 meeting. Sedlacek seconds. ALL AYE.
MOTION CARRIES...
5. ADJOURNMENT:
Guerber moves to adjourn at 4:30 p.m. Seconded by Bastian. ALL AYE:
MOTION CARRIES...
Respectfully submitted:
SH~N K. MOO~
CITY CLE~T~AS~R
APPROVED:
PdCk Z G I ,
MAYOR ~