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Minutes - 1993 - City Council - 06/08/1993 - RegularEAGLE CITY COUNCIL MEETING June 8, 1993 Pre Councils Mary Berent reported on the Planning and Zoning meeting of June 7. Mary Ann wilcox Recreation Dept. the fall. reported to Council on the activities of the She suggested a community education program in Lt. Dale Woodcook, Ada County Sheriff's Office reported on law enforcement activities in Eagle. Lt. woodcook informed the Council that the inmate teams are available for community service. They will be available for cleanup as well as painting, etc. The Sheriff's contract with the City was briefly discussed. Mona will check on this matter further. Reports were given by the Council on parks and Eagle Fun Days. The City Attorney reported on the development agreement question. It is acceptable to require a Development Agreement in connection with a rezone, if the city has adopted a Development Agreement Ordinance. The Eagle City Council met in regular session on June 8, 1993. Mayor GUERBER presiding. The following members were presents RICK YZAGUIRRE, THOMAS EASON, KELLI BLAIR. Absents STAN BASTIAN Moved by YZAGUIRRE and seconded by BLAIR to approve the minutes of the May 25, 1993 meeting as presented. ALL AYEs MOTION CARRIED. PUBLIC HEARING/IRISH Mayor GUERBER announced that this was the time and place set for a public hearing on the Irish Day Care Center, an application for a Conditional Use Permit. Applicant: Locations Proposal= Brett & Larry Irish 1750 E. State St., Eagle Day Care Center Jerri and Doris Irish presented the project to the Council. They indicated the center would be a learning center not Just a day care. They will incorporate field trips and the center will be equipped with a TV room, library, TV monitors, and kitchen. There would be a cook on staff after the center is established. The playground will be equipped with playground equipment and a tricycle track. The play area will be fenced off with a 8 ft fence. The parking area will include a turn-around for 2 cars at a time. There will be 16 parking spaces. There will be a fire hydrant on the property. The number of teachers required will depend on the number of children enrolled', the numbers are 1 teacher per 5 children for infants, toddlers 1 per 6, 2-3 year old children, 1 per 10, ages on up 1 per 15. Public Testimony: no opposing testimony received. Public hearing closed at 7~55 p.m. Moved by YZAGUIRRE and seconded by BLAIR to approve with the conditions of approval presented tonight. ALL AYEs MOTION CARRIED. PUBLIC HEARING/Roberts Square Mayor GUERBER announced that this was the time and place set for a public hearing on Roberts Square a Conditional Use Permit for a office and retail complex. Applicant: Location: Proposal: Cathy Roberts SW corner of State St and Second St., Eagle a office and retail commercial complex Duane Johns, representative for the project outlined it for the Commission. The parking lot will be paved and equipped with a fire hydrant and street lights. There is an agreement with the Eagle Foodtown for additional parking spaces in the store lot. The design review portion has been approved by Council, along with the recommendations of the Park/Tree Committee with the exception of the sign, which will need Design Review approval. Public Testimony: No opposing testimony received. Public hearing closed at 8:10 p.m. Moved by YZAGUIRRE and seconded by BLAIR to approve the Roberts Square subject to the conditions of approval and the execution of the parking agreement between Eagle Foodtown and Roberts Square for extra parking dedicated to Roberts Square by the grocery store. ALL AYE: MOTION CARRIED. Public Hearing/Melvins Eagle Point #7 Mayor GUERBER announced that this was the time and place set for a public hearing on Melvins Eagle Point #7, annexation, zoning, and subdivision preliminary plat. Applicant: MAX BOESIGER, INC., Richard Boesiger Locations ANNEXATIONs South of Floating Feather, Farmers Union canal and West of Lost Lane NE side Locations SUBDIVISION: E of Edgewood, South of Floating Feather, adjacent to Melvins Eagle Point #6, West of Lost Lane. Proposal~ R4 (RESIDENTIAL), SUBDIVISION PHASE 7, total of 71.90 acres into 186 single family lots. Gross density of 2.59 units per acre. Lots are typically 80 to 90 ft wide and 105 to 110 ft deep. There are 7 common areas (5 acres). Don Hubble, Project Engineer for Hubble Engineering, presented the project to the Council. He presented a traffic study, required by ACHD and indicated that the road to the SE would be a cul de sac instead of a through road. Richard Boesiger was asked to speak on the subject to transfer fees. Mr. Boesiger said he was in favor of transfer fees and thought most of the development community was also. He was asked if he would support the fee for this particular subdivision, if the transfer fee became a reality, even though for this project it was after the fact. He answered he would be willing to initiate that fee for this subdivision at that time. TESTIMONY~ In favor Opposed Helen Pardew Bill Pardew Dwayne Glubay Brent Combe Colleen Maile Roger Warren Dana Hofsteder Concerns of the public~ Not enough open space, parks, no safety features along the canal, elimination of agricultural land, overcrowded schools, the need for transfer fees, and objections to fencing of the perimeter of the development. Moved by EASON and seconded by YZAGUIRRE to approve the annexation, zoning to R4 and subdivision preliminary plat subject to the standard Conditions of Subdivision approval and to remain flexible to the entrance road to Lost Lane in future development phases. ALL AYE~ MOTION CARRIED. Public Hearing/Redwood Creek Subdivision, annexation, zoning and subdivision preliminary plat. Mayor GUERBER announced that this was the time and place set for a public hearing on Redwood Creek Subdivision, annexation, zoning (R1), and subdivision preliminary plat. Applicant: Location: Proposal: 1. 2. 3. Gary Madenford NW corner of State & Ballantyne 140 acres total to be zoned Ri, 80 acres subdivided, 60 acres remain in agricultural use Subdivision will include: a. 65 single family dwelling lots, Gross density 1.23 units per acre. b. 2 well lots c. 3 landscaping lots phase 1-20 acres (State St) phase 2-60 acres ANNEXATIONz NE side Farmers Union canal South of Floating Feather, and West of Lost Lane JoAnne Butler, attorney for Redwood Creek outlined the proposal to the Council and concluded her testimony with findings she presented to Council. (attached) It was noted that although the proposal is for 140 acres to be zoned R1, that 80 acres are needed for the subdivision and 60 will remain in agricultural use. Public Testimonyz Opposed: In favors Patrick Miller Jane Fulkerson Matt Siron Tom Ricks Mike Plunket Written testimony opposing the project was received by Elbert E. Gass. He believes there is a difference in the plat submitted and advertised and that plat being considered tonight. Further, he opposes the Ri zoning as the plat does not disclose that the drainage ditch maintained and operated by Drainage District #2 has an easement of 100 ft across the northerly portion of the project, also the development violates the Local Planning Act of 1975. Concerns of the public~ Those opposing this development were concerned about the density of the project. If a R1 is allowed now later developments between Redwood Creek and the city will likely become R1 too. There were drainage district concerns, the atmosphere of the area and compatibility with the surrounding land use (5 acre parcels) would be effected. Those in favor of the project object to 5 and 10 acre lots. They would like to see smaller lots in the area. The public hearing closed at 9530 p.m. After Council discussion YZAGUIRRE stated he would like to make a motion, based on the findings submitted here tonight by JoAnne Butler, attorney for Redwood Creek Subdivision. Moved by YZAGUIRRE and seconded by BLAIR to approve the Redwood Creek annexation, zoning to R1 for the 80 acre subdivision, AR for the remaining 60 in agricultural use, and preliminary plat as presented. In regards to the annexation= this property is contiguous with municipal boundaries, complies with ECC 1-10-2 and is appropriate, in regards to the zoning= because of the proximity to highway 44 and the proposed realignment, also, because it is the main east, west roadway in and out of Eagle, it makes sense to zone it R1. It follows the orderly development of the city and protects the health, safety and welfare discussed in the new comprehensive plan. The development will increase the value of p~operties in the area because of the fact there will be central sewer and water brought to the area because of this project. Other amentities, pathways, berming and landscaping will also increase the value of property in the area. The preliminary plat: is in compliance with the ECC 9- 3-1 through 9-3-8, the Design Standards and 9-4-1 and 9-4-2 the required improvements and 9-5-4 controls during the development. Based on those facts I move to approve this application, subject to the Standard Conditions of Approval of the City and conditioned on compliance of drainage district requirements which need to be addressed by the developer. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: Findings of Facts and Conclusions of Law on the 1993 Eagle Comprehensive Plan. Moved by BLAIR and seconded by EASON to continue the findings until the next regularly scheduled City Council meeting. ALL AYE~ MOTION CARRIED. CRANDLEMIRE REZONE (continued) Ed Thomas, representative for the Crandlemire proposal, made the following proposal to Council: "that the original request for zoning of R3 on the property be granted as an R1, with an additional stipulation that we enter into a development agreement as part of that zoning which will also require first, a PUD proposed be presented to the city for its approval at the time the plans are finalized by the land owner for development of this property; that a 5% allowance be made on the PUD in recognition of the landowners utilization of the common areas and pathways to the school site; that a 15% allowance be made in recognition of the landowners response to a request by the Meridian School District to sell 35 acre parcel from the original 130 acres for a site for a middle school and in doing so the residential lots to be developed total no more than 114; that no connection take place to Washum Rd, but that a common area be included in the PUD which might allow future connection to that road should it be deemed necessary by ACHD and that the PUD include appropriate transition to the south which speaks to the density in Dow~ing Downs subdivision and to the north which speaks to the density of property on Rush Road through the use of berms, landscaping and where possible larger lot sizes. We believe these changes would allow a density, 1.3, of that originally proposed; and would set down guidelines for the preparation of a PUD that deals with many of the concerns expressed by the public. It would allow the Crandlemires to continue to seek a developer who would fulfill the unique requirements of this property's geography and location. Discussion by the Council included a proposal from YZAGUIRRE to rezone 80 acres of this property, with 2 acre lots to the north and north-west and to execute a development agreement. The City Attorney advised the Council that a development agreement can be entered into by the city and applican%, but it does contain commitment. A specific development is not needed at this time. Moved by EASON and seconded by BLAIR to rezone the 95 acres to Ri with a development agreement, to eliminate Washam Road and make larger parcels to the south and north and to look at a development in the future by the future developer, not to restrict Eagle Planning and Zoning to a concept, which is really not a plan. AYEs EASON, BLAIR. NAYs YZAGUIRRE. The City attorney quoted ECC 8-7-5.B which states that is necessary to have a vote of one-half (1/2) plus one of the members. THE MOTION DIES. The applicant can come back with a significantly different proposal than this application and submit that, but the request as stands it cannot be brought back for a period of one year. RESOLUTION 4-93 THE 1993 EAGLE COMPREHENSIVE PLANs Moved by BLAIR and seconded by EASON to continue to the next regularly scheduled Council meeting. ALL AYEs MOTION CARRIED. BOND ELECTION ORDINANCEs The upcoming bond election was discussed. Moved by EASON and seconded by BLAIR to set August 17, 1993 as the bond election date. ALL AYEs MOTION CARRIED. It will be necessary to arrange to meet with the financial advisor, Bob Hildeman. It was established there should be a conference call between Mayor Guerber, Yzaguirre, Bob Hildeman and Mona Mack. APPOINTMENTSs Mayor GUERBER presented the appointment of Roger Warren to the Air Quality Board for Council consideration. Moved by YZAGUIRRE and seconded by BLAIR that approval be given to the appointment. ALL AYE: MOTION CARRIED. COMMITTEE REPORTS: PLANNING AND ZONING - PUBLIC HEARING POLICYs BLAIR asked for consideration for passage of a policy on the procedures of a public hearing. Moved by EASON and seconded by YZAGUIRRE to request a 4 minute time limit, but not to require it, also to allow a rebuttal by all parties, but can be restricted to one party representing opposition, it should be noted that a rebuttal statement is only to address what has been stated, a response, not to give additional testimony. ALL AYEs MOTION CARRIED. CLAIMS AGAINST THE CITY: Moved by YZAGUIRRE and seconded by EASON to approve the claims as presented. ALL AYE: MOTION CARRIED. William Hines, attorney for the Crandlemire's asked to approach the Council. Mr. Hines responded to the motion made on the Crandlemire rezone application and asked if the Mayor has the power to vote when there is not a majority plus one to vote or should the Crandlemire matter been postponed until there is a full Council present in order to comply with the code. Mona Mack, City Attorney, advised that the Mayor votes only upon a tie. We have 1/2 plus one present but had e dissenting vote. In order to resurrect the vote the dissenting member can move to reconsider tabling the matter until a full member Council is present. Moved by YZAGUIRRE to reconsider the previous motion on the Crandlemire rezone application. ALL AYE: MOTION CARRIED. Moved by EASON and seconded by BLAIR to withdraw the motion on the Crandlemire rezone and table the matter until a full member Council is present. ALL AYE~ MOTION CARRIED. There being no further business the meeting adjourned at 11,00 p.m.