Minutes - 2001 - City Council - 03/06/2001 - SpecialORIGINAL
EAGLE CITY COUNCIL
Special Meeting Minutes
March 6, 2001
6:30 p.m.
CALL TO ORDER:
ROLL CALL: MERRILL, BASTIAN, SEDLACEK, GUERBER. All present. A
quorum is present.
PLEDGE OF ALLEGIANCE:
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
Councilmember, 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.
A. Findings and Conclusions for CU-17-00 - Four Mobile Offices (Portable
Classrooms) for Eagle High School Meridian ~loint School District No. 2:
Meridian Joint School District No. 2, represented by Leatham-Krohn-Van Ocker
Architects, is requesting conditional use approval to install four 1,200 square foot
mobile offices (portable classroom buildings) at Eagle High School. The site is
located on the east side of Park Lane approximately 2,000-feet north of State Street
at 574 North Park Lane. (WEV)
B. Findin~ and Conclusions for CU-19-00 - Training Tower Height Exception for
New Eagle Fire Station gl - Eagle Fire Protection District: Eagle Fire Protection
District, represented by Larry R. Knopp, is requesting conditional use approval to
install a 44-foot high training tower at the site of their proposed Fire Station. The site
is located on the south east comer of Iron Eagle Drive and Plaza Drive within the
Rocky Mountain Business Park at 966 East Iron Eagle Drive (Lot 1, Block 4 of
Merrill Subdivision #2). (WEV)
C. Findings and Conclusions for RZ-16-00 - Rezone from R-4 to CBD-DA ,] Bar K
& Associates: J Bar K & Associates, represented by James Band is requesting a
rezone from R-4 (Residential) to CBD-DA (Central Business District with
Development Agreement). The 0.41-acre site is located on the west side of Eagle
Road approximately 600-feet south of State Street at 209 S. Eagle Road. (WEV)
Findings and Conclusions for FPUD-5-00 & FP-11-00 - Banburv Meadows~
LLC: Banbury Meadows, LLC, represented by Roy Johnson, is requesting final
development plan and final plat approval for Banbury Meadows Subdivision Phase
5, a 41-lot (39-buildable) residential subdivision. This 16.28-acre (approx.) phase of
Banbury Meadows PUD is located on the west side of Eagle Road approximately
mile north of Chinden Blvd. The site is within the Eagle City Limits. (WEV)
E. Findings and Conclusions for FPUD-4-00 & FP-10-00 - Banbury Meadows~
LLC: Banbury Meadows, LLC, represented by Roy Johnson, is requesting final
development plan and final plat approval for Banbury Meadows Subdivision Phase
4, a 49-1ot (47-buildable) residential subdivision. This 16.06-acre (approx.) phase of
Banbury Meadows PUD is located on the west side of Eagle Road approximately 1/2-
mile north of Chinden Blvd. The site is within the Eagle City Li~nits. (WEV)
Merrill removes Item 4.B from the Consent Agenda.
Bastian moves to approve the Consent Agenda as amended. Seconded by Sedlacek. ALL
AYE: MOTION CARRIES ..................
4.B. Findings and Conclusions for CU-19-00 - Training Tower Height Exception for New
Eagle Fire Station #1 - Eagle Fire Protection District: Eagle Fire Protection District,
represented by Larry R. Knopp, is requesting conditional use approval to install a 44-foot high
training tower at the site of their proposed Fire Station. The site is located on the south east
corner of Iron Eagle Drive and Plaza Drive within the Rocky Mountain Business Park at 966 East
Iron Eagle Drive (Lot 1, Block 4 of Merrill Subdivision #2). (WEV)
Merrill: I want to send this back to staff and approve with the conditions that were placed in the
minutes that did not follow through in the Findings and Facts. Site Specific Condition of
Approval was to comply with the DR. There was also a condition that the height exception
would be allowed and the amount of the height at 44'. The reason for the exception was for
public health and safety.
General Discussion.
Merrill moves to approve the Findings of Fact and Conclusions of Law for CU-19-00
Training Tower Height Exception for New Eagle Fire Station #1. Seconded by Bastian.
THREE AYES: ONE ABSTAIN: MOTION CARRIES ................
Merrill moves to amend the agenda adding as New Business, 8.A. Authorization for the
Mayor to sign the Noncash Charitable Contributions form for Edge Investments and 8.B.
Request by Planning and Zoning for discussion on conditional use permit for 18-00 Town
and Country Shopping Center on site specific conditions of approval. Seconded by
Sedlacek. ALL AYE: MOTION CARRIES ...............
5. FINAL PLATS: None
6. UNFINISHED BUSINESS:
A. Ordinance 384: An ordinance amending Eagle City Code Title 8 "Zoning", Chapter 6
"Planned Unit Developments", Section 5 "Site and Structure Regulations and Requirements",
Subsection 4 "Increased Residential Density"; Providing a Severability Clause; And Providing an
Effective Date. This item was continued from the February 28, 2001 Council meeting. Staff is
requesting this item be continued to the March 13, 2001 meeting so that requested modifications
can be completed. (WEV)
Mayor introduces the issue.
Bastian moves to place Item 6.A. and 6.B. before New Business. Seconded Merrill. ALL
AYE: MOTION CARRIES ...................
B. Discussion of Eagle's Area of Impact:
Moved to the end of the Agenda before New Business.
7. PUBLIC HEARINGS:
A. CU-20-00 - Mini-Storage Addition to Republic Storage Facility - Willowbrook
Development~ Inc.: Willowbrook Development, Inc., represented by Cornel Larson, is
requesting conditional use approval to build phase one of a three phase 98,640-square foot mini
storage facility. The site is located on the Horseshoe Bend Highway approximately ~/2-mile north
of State Highway 44. (WEV)
Mayor introduces the issue.
MAYOR OPENS THE PUBLIC HEARING
Cornel Larson, representing the applicant, displays an overhead of the storage facility and
discusses the requested addition.
Vaughan: Displays an overhead of the storage facility and provides Council an overview of the
application. Planning and Zoning approved the application with conditions.
General discussion between Council and Cornel Larson.
No one for the public has signed up to speak to this issue.
MAYOR CLOSES THE PUBLIC HEARING
Guerber moves to approve CU-20-00 Mini-Storage Addition to Republic Storage Facility
with the specific notation that they be in compliance with the recommendation of the Fire
Department, in compliance with ACHD and that the Applicant provide evidence of water
shares and that the City of Eagle shall have the first option to obtain the water shares
subject to the approval of the Irrigation District. That the 50' section of the south wall
adjacent to Horseshoe Bend Road be of decorative block and the remainder of that wall tilt
up be of concrete construction. Seconded by Bastian. Discussion. ALL AYE: MOTION
CARR1ES .................
C. RZ-18-00 - Rezone from R-4 to MU - Brenden Clements: Brenden Clements,
represented by James Gipson, is requesting a rezone from R-4 (Residential up to four dwelling
units per acre) to MU (Mixed Use). The 1.60-acre site is on the southwest comer of North Eagle
Road and Floating Feather Road at 1177 North Eagle Road. (WEV)
Mayor introduces the issue.
MAYOR OPENS THE PUBLIC HEARING
James Gipson, Architect for the applicant, provides Council an overview of the requested rezone.
General discussion between Council and James Gipson.
Vaughan: Displays an overhead of the site plan and provides Council an overview of the rezone
request. General discussion.
Mayor swears in Karen Prescott
Karen Prescott, 1177 N. Eagle Road, I reside on the property in question at this time. The
property is currently being used for animal rehabilitation. We have been trying to sell our
property for some time so we can move to a larger place. I'm appealing to you to help us in this
situation.
Mayor swears in Jim Edwards
Jim Edwards, 11119 W. Ramrod, Boise, I'm the brother-in-law of the dentist and I would be in
charge of the landscaping. 80% of the surrounding residents are in favor of this project. We
obtained over 500 signatures in favor of the plan. General discussion. Mr. Edwards submits
pictures of the project for Council's review.
Mayor swears in Michael Higgenson
Michael Higgenson, This will be a small dental office. 1 may add one additional dentist at a
future date.
Sedlacek asks Michael if he has any concerns about flood water. Michael responds that there
will be large pond on the project and the building will be built up.
Discussion on traffic in the area.
Mayor swears in Julieana Nudleston
Julieana Nudleston, Rooster Drive, I was interested to why someone would want to put a dental
office at this site. I don't think it is appropriate for a commercial development to go in. I don't
think these commercial developments should be in a residential area. I'm about a block from this
development and no one approached me as to my opinion.
Mayor swears in Brent David
Brent David, 2546 W. Timber Drive, i agree with most everything that has been said this
evening. Because it is a medical facility, I think it would be appropriate to have this facility
Mayor swears in Brenden Clements
Brenden Clements, 10439 Summerwind Drive, I am the applicant. The traffic is not a concern
any more. We have no ill will or hard feelings with the Planning and Zoning Staff. They are a
good group of people to work with.
Mayor swears in Mark Butler
Mark Butler, 1640 Washam Road, when I saw the site plan I blew a gasket. One of the things
that is important about the Development Agreement is that it limits the development of the
property. I helped them with the Development Agreement.
General discussion between James Gipson and Council.
MAYOR CLOSES THE PUBLIC HEARING
General Council discussion.
City Attorney: Discussion on a Development Agreement on this project. If you want a
Development Agreement this would have to be remanded back the Planning and Zoning.
General discussion.
Bastian moves to remand RZ-18-00 Rezone from R-4 to MU Mixed Use with the
Development Agreement that is attached to the document before us back to the Planning
and Zoning for rehearing without charging additional fees and allowing the application to
go forward to Design Review. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES ................
Mayor calls a recess at 7:55 p.m.
Mayor reconvenes at 8:05 p.m.
D. PPUD-8-00/CU-21-00- Camille Beckman Commercial/Industrial Planned Unit
Development - Camille Beckman: Camille Beckman, represented by Chris Korte with Land
Dynamics, is requesting planned unit development preliminary development plan and conditional
use approval for a multi-phased mixed use planned development with uses including
manufacturing, production, packaging, and office facilities, English cottage style shops,
showrooms, bed and breakfast accommodations, gardens, amphitheater and other similar uses.
The 33-acre site is located on the south side of State Highway 44 and east of the intersection with
Park Lane. (WEV)
Mayor introduces the issue.
MAYOR OPENS THE PUBLIC HEAR1NG
Mayor swears in Chris Korte
Chris Korte, representing the applicant, we have been working four years to find a home for this
project. Council has been provided a packet on this project. Provides an overview of the project
for Council. Displays an overhead of the site plan. We are hearing this evening for approval of
the overall project. Discussion on the first phase, the manufacturing and warehousing, office and
retail space. The second phase is the garden area, art shop, tea room and amphitheater, a
community type of environment. Phase three of the project is the bed and breakfast. We will
start grading next week.
General discussion between Chris Korte and Council.
Vaughan: Regarding the grading next week. You are allowed to proceed with the grading.
Discussion on the uses in the development.
Chris Korte, discusses the proposed uses in the development.
MAYOR CLOSES THE PUBLIC HEARiNG
General Council discussion.
Bastian moves to approve PPUD-8-00/CU-21-00 Camille Beckman Commercial/Industrial
Planned Unit Development as proposed by Camille Beckman be approved with the Site
Specific Conditions of Approval as contained in the documents before us and with the
following condition to be placed as Condition 18: all uses as contained with in Exhibit B
shall be considered as permitted uses; and Item//9 be modified to read: That when the
City of Eagle has established a greenbelt ordinance for design, operation and maintenance
and is prepared to create a greenbelt system, the owners will establish a 10' pathway within
the 25' existing river easement as accepted by the City of Eagle. Seconded by Guerber.
ALL AYE: MOTION CARRIES .........................
6. UNFINISHED BUSINESS:
A, Ordinance 384: An ordinance amending Eagle City Code Title 8 "Zoning", Chapter 6
"Planned Unit Developments", Section 5 "Site and Structure Regulations and Requirements",
Subsection 4 "Increased Residential Density"; Providing a Severability Clause; And Providing an
Effective Date. This item was continued from the February 28, 2001 Council meeting. Staff'is
requesting this item be continued to the March 13, 2001 meeting so that requested modifications
can be completed. (WEV)
Mayor introduces the issue.
Vaughan: Staff requested additional time to prepare the changes. Mr. Butler has just submitted
the changes that he has prepared.
Mark Butler: Provides an overview of the changes proposed for Council.
Bastian: Ordinance # 384, Ordinance of the City of Eagle.
Guerber moves that we indicate on the record of the City that Ordinance #384 has been
read in its entirety and be placed on the record as having been read. Seconded by Bastian.
ALL AYE: MOTION CARRIES .....................
Bastian moves to approve Ordinance #384. Seconded by Guerber. Discussion. Bastian
amends the Ordinance as follows: Subsection #8: Enforcement of the provisions of the
Federal Fair Housing Act of 1999 or any subsequent revision must be made by the
Homeowner's Association and so noted in the CC&R's. Seconded concurs. Discussion.
Bastian calls for the question on the amendment: Bastian: AYE; Merrill: AYE; Sedlacek:
AYE; Guerber: AYE: ALL AYE: AMENDMENT CARRIES ............ Council discussion.
Bastian calls for the question on the original Motion. Bastian: AYE; Merrill: AYE:
Sedlacek: NAY; Guerber: AYE: THREE AYES: ONE NAY: MOTION
CARRIES ................
B. Discussion of Eagle's Area of Impact:
Mayor introduces the issue.
General Council discussion on the Area of Impact.
Vaughan: Ada County Commissioners want a joint meeting to discuss the area of impact.
Council would like to see the issues to be discussed put into writing. Council directs Vaughan to
set up a meeting with the Ada County Commissioners and would like Susan to work with their
legal council.
8. NEW BUSINESS:
A. Authorization for the Mayor to sign the Noncash Charitable Contribution form for
Edge Investments.
Mayor introduces the issue.
Bastian moves to authorize the Mayor to sign the Noncash Charitable Contributions form
for Edge Investments in reference to the transfer of Lot 5 in Gleneagles Subdivision.
Seconded by Merrill. ALL AYE: MOTION CARRIES ................
B. Planning and Zonings request for reconsideration on cu-18-00.
City Attorney Bieter: You do not have the ability to do a reconsideration.
Merrill: We got a letter from Noel Weber that the cost of the museum sign would be $6,500.
We told them to present the design and the proposal. They want to go ahead and order the sign.
Merrill moves to accept the Noel Weber proposal for $6,500 excluding installation.
Seconded by Guerber. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL
AYE: MOTION CARRIES ...................
Discussion on Ada County Highway District projects in the City of Eagle.
Bastian will not be at the meeting next week, March 13, 2001.
Discussion on the survey of the pathway at Island Wood.
9. AD,IOURNMENT:
Sedlacek moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 9:45 p.m.
Respectfully submi tte d:
CITY CLERK/TREASURER E~L
APPROVED:
INTER
OFFICE
City of Eagle
Zoning Administration
To: Mayor Yzaguirre and City Council Members
From: Jeff T. Lowe, Planner II
Subject: CU -18-00 — Eagle Towne & Country Shopping Center
Date: March 6, 2001
Attachment(s): N/A
Copy To: N/A
On March 5, 2001, The Planning and Zoning Commission voted 3 to 0 (BIoom, Cadwell absent)
to request that the City Council reconsider their motion regarding the striking of site specific
condition number 19 which states, "No more than sixty percent (60%) of the total proposed
building square footage shall be constructed prior to the warrant and installation of a traffic
signal at the intersection of State Highway 44 and the middle driveway (as measured
approximately 750 -lineal feet west of the intersection of Horseshoe Bend Road and State
Highway 44). Until such time as the signal construction is complete, all driveway accesses with
ingress and egress to State Highway 44 shall be limited to right -in and right -out only. Building
permits for the remaining forty percent (40%) of the building square footage may only be issued
after the installation and operation of the aforementioned traffic signal."
The Commission would like to discuss the purpose and intent of this condition if the Council
would consider reconsidering their previous motion.
Page 1 of 1
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect:RZ-18-00 - Rezone from R-4 to MU - Brenden Clements
March 6, 2001
6:30 P.M.
NAME
PLEASE PRINT LEGIBLY
ADDRESS TELEPHONE
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Page 1 of 1
PRO? CON?
L
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect:CU-20-00 Mini -Storage Addition to Republic Storage Facility -
Willowbrook Development Inc.
March 6, 2001
6:30 P.M.
NAME
PLEASE PRINT LEGIBLY
ADDRESS TELEPHONE PRO? CON?
Page 1 of 2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subi_ ect:PPUD-8-00/CU-21-00 - Camille Beckman Commercial/Industrial Planned
Unit Development - Camille Beckman
March 6, 2001
6:30 P.M.
NAME
PLEASE PRINT LEGIBLY
ADDRESS TELEPHONE PRO? CON?
Page 1 of 2