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Minutes - 2000 - Planning & Zoning - 03/06/2000 - Regular ORIGINAL EAGLE PLANNING AND ZONING COMMISSION Minutes March 6, 2000 7:00 PM The Planning and Zoning Commission met in regular session on March 6, 2000. Chairman Franden presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present FRANDEN, DECKERS, NORDSTROM, TRENT Absent: Bloom. A quorum is present. APPROVAL OF MINUTES: A. Minutes of February 28, 2000. Deckers moves to approve the minutes of February 28, 2000 as amended. Seconded by Nordstrom. ALL AYE...MOTION CARRIES Bloom arrives at the meeting at 7:05. 3. 4. OLD BUSINESS: None 5. PUBLIC HEARINGS: A. PPUD-I-00/PP-I-00/CU-I-00 - Pacific Hei~hts Planned Unit Development - Eaele Hei~hts Development. Inc.: Eagle Heights Development, Inc., represented by Ted Martinez and Joe Harris, is requesting preliminary development plan, preliminary plat, and conditional use approval for Pacific Heights Subdivision, a 5.6-acre, 47-lot (42-buildable) residential planned unit development subdivision located on the south side of E. State Street approximately Y4-mile west of Edgewood Lane. (This item was continued from the February 28, 2000 meeting.) Franden introduces the item. Jim Reece, MTC Engineeers, 707 N. 27th Boise, Idaho representing Eagle Heights Development reviews the application and discusses the staff report. Discussion between Mr. Reece and Commissioner for clarification regarding specific issues regarding the applications i.e road width, lot line placement, landscaping. Butler reviews the staff report. Discusses how staff reached their conclusion regarding the open space calculations on this project. General discussion. Franden opens the public hearing. Reid Merrill, 875 E. Plaza Dr. Eagle, Idaho. Speaks in favor of the development but does have concerns regarding the fencing issue. He will address the fencing concerns at Design Review. Nancy Merrill, 1246 S. Watermark Eagle, Idaho. Speaks in favor of this type of senior development. Beverly Merrill, 1125 State Street Eagle, Idaho. Would like a vinyl fencing to be installed on the perimeter of the property as the development does abut her property. Page 1 of4 K:\P&Z\MINUTES\2000\PZ-O3-06-00 min.doc Franden closes the public hearing. Ted Martinez 1307 Watennark Eagle, Idaho addresses comments made by the Commission. Discussion. Discussion between the Commission and Staff. Deckers moves to table this item to the next regularly scheduled meeting. Seconded by Bloom. ALL A YE...MOTION CARRIES. B. A-I-00/ZOA-I-00 - New Zonin~ Desi~nations For Land Planned To Be Annexed And Proposed Zonine Ordinance Amendments (Includin~. but not limited to amendments to the current zonin~ Map) - City Of Ea2le: The City of Eagle, represented by Mark L. Butler, is proposing: I. New zoning designations for land the City intends to annex into the Eagle City limits generally as shown on the map on file at Eagle City Hall. Among the proposed zoning designations the Commission has requested a Development Agreement for a parcel of land located on the south side of State Highway 44, east of Park Lane extended. The property is currently zoned RT (Rural Transitional) in Ada County; the proposed zoning is MU-DA (Mixed use with a Development Agreement) to develop a mixed use project with uses such as production and packaging, cottage style shops, showrooms, offices, cafeterias, trucking access/storage/delivery areas, arboretums, greenhouses, art galleries, tea rooms and conservatories, cottage style living units, bed and breakfast accommodations, amphitheaters, natural open space areas, pedestrian nature pathways, garden areas and other similar uses (a concept plan "Exhibit A" is on file at Eagle City hall). 2. Also, in accordance with the Eagle 2000 Comprehensive Plan, the City of Eagle proposes: to further define industrial uses within the M-l "Light Industrial District" and M-2 "Heavy Industrial District"; to change the "Industrial Park District" designation to a "Business Park" designation; to make zoning designation changes (within the Eagle City limits) to the official zoning map generally as shown on the map reduction included with this notice (3 full size map is located at Eagle City Hall); to modify the Schedule of District Use Regulations to change the M-IA zoning designation to BP zoning designation; and to modify the Schedule of Building Height and Lot Area Regulations to change the M-IA zoning designation to BP zoning designation. Franden introduces the item. Butler presents the application. Discusses the development agreement that the Commission had requested for the Camille Beckman property. Reviews the changes made to the map. Discussion between Butler and the Commission. Franden calls a 5 minute recess. Franden opens the public hearing. Cliff Fivecoat 10981 Horseshoe Bend Road Eagle, Idaho. The proposed zoning of his Page 2 of 4 K:\P&Z\MINUTES\2000\PZ-O3-06-00 min.doc property is AR and as along as the uses are similar to the current RT he has no problem with the rezone. William Pardew, 2385 E. Floating Feather Eagle, Idaho. Distributes information to the Commission. Reviews specific item noted in the letter from Michael Moore, City Attorney regarding annexation and its application to his property. He does not want the property zone A-R or R-l, and does not want his property annexed. Duane Glubay, notes that he is residing and farming the property, the property is landlocked, and access is gained through Mr. Pardew's private lane. He would like the current zoning of his property to remain RT and does not want to be annexed. He also distributes a letter to the Commission for review. Chris Corte, 499 Main St. Boise, Idaho representing Camille Beckman discusses the development agreement. The have no problem with the development agreement or the proposed zoning. Dick Stewart, 4171 Old Valley Road Boise, Idaho. States his once owned the property that abuts the Beckman development. He will provide staff with the new owners address for public hearing notification. Anne Schenk 410 N. Linder Road Eagle, Idaho. She is in favor of the Beckman project. Franden closes the public hearing. Discussion amongst the Commission. Nordstrom moves to approve ZOA-I-OO to approve the designations as presented with the following exceptions. The Development Agreement for the Beckman Property shall have language added so that 2.1 shall read: The property uses shall be developed generally as shown on exhibit A, a concept plan attached hereto as may be conditioned by Eagle. And adding item 4.3 which shall state: If the PUD is not applied for and acted on by the City Council within two years of approval of this development agreement the property shall revert back to an AR zone. The property regarding changing the WINCO property from C-2 to MU shall stand as recommended as an MU zone. The Loutes property, Patterson property, Stall- Dowding property, the property south of Hill Road and north of Great Sky shall be R-3. The two properties on Floating Feather Road approximately 3/4 of a mile west of Ballantyne Road on the north side of the road shall be AR. Direct staff to remove the Pardew and Glubay properties and leave them with a county designation. Seconded by Bloom. ALL A YE...MOTION CARRIES. 6. NEW BUSINESS: None 7. REPORTS: A. Zoning Administrator: Notes that a letter was sent to ITD requesting the speed Page 3 of 4 K:\P&Z\MINUTES\2000\PZ-O3-06-00 min.doc limit be lowered on Highway 44. Also states that Holladay Engineering sent a letter regarding drainage at the corner of the bypass and Eagle Road. Vaughan states that at some point the Building Official will come and address the Commission regarding the recent FEMA proposed floodplain maps. B. City Attorney: None C. City Council Liaison: None 8. ADJOURNMENT: Bloom moved to adjourn at Seconded Trent. ALL AYEmMOTION CARRIES... RESPECTFULLY SUBMITTED: '~';.. ',>, . ~~ SHARON K. MOORE CITY CLERK/TREASURER ,;, , i~,."' , .~' ' :.. ~ .. " . .. , , . , , ~ " . '<J;';~t"~:""~hH' .,.-/~,."., A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL. Page 4 of 4 K:\P&Z\MINUTES\2000\PZ-O3-06-00 min,doc P>? z 3/(,Itro P 0 Box 699 Eagle, ID 83616-0699 March 6, 2000 Mayor Rick Yzaguirre and Members of the Council and Members of the Planning and Zoning Commission City of Eagle P. 0. Box 477 Eagle, ID 83616 Dear Mayor and Members: Subject Submittal at Eagle City Planning and Zoning Meeting, March 6, 2000, and at Eagle City Council Meeting, March 21, 2000 Reference is made to the City of Eagle attorney's letter dated February 25, 2000, concerning "Annexation of Property Surrounded by City". We meet the following stipulations specified in city attorney Michael Moore's letter to the City of Eagle: (a) The property contains at least five acres; (b) The lands are used exclusively for agricultural purposes; (c) The lands do not receive sufficient special benefits to justify the retention of the lands within the corporate limits; and (d) By the detachment of the lands, the "symmetry of the city would not be materially marred." Mr. Moore recommends not annexing agricultural properties which qualify for agricultural exemptions. For over 37 years we have lived and farmed the 17.5 acres of agricultural property located at 2385 East Floating Feather Road in Ada County, located approximately one-fourth mile west of State Highway 55, and 837 feet south of Floating Feather Road. It is in NW4 NE4 and SW4 NE4 of Section 10, T. 4 N., R 1 E., B.M The property has an Ada County farm exemption, 660 feet of Farmers Union Ditch running through the full length of it (see I.C. 50-226), and is zoned RT by Ada County We do not want our property zoned AR or R3 and we do not want it annexed into the City of Eagle. We prefer to retain our Ada County zoning of RT. Very truly yours, William W Pardew and Helen S. Pardew Idaho Statutes Idaho Statutes Page 1 of 1 TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 2 GENERAL PROVISIONS -- GOVERNMENT -- TERRITORY 50-226. SEPARATION OF AGRICULTURAL LANDS -- PETITION. The owner or adjoining owners of any platted or unplatted tract or tracts of land containing not less than five (5) acres, included within the corporate limits of any city in this state and used exclusively for agricultural purposes, provided, however, if there is upon or over such tract or tracts of land a railroad or canal right of way, such tract or tracts shall, if no other reason exists, be deemed to be used exclusively for agricultural purposes, within the meaning of this section, may petition the district court of the county in which such tract or tracts of land are situated for a judgment and decree of the court detaching such tract or tracts of land from such city. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. Available Reference: The Idaho ('ode is the property of the state of. Idaho, and is copyrighted by Idaho law, I.C. 9-350. According to Idaho law, any person who reproduces or distributes the Idaho ('ode for commercial purposes in violation of the provisions of this statute shall be deemed to he an infringer of the state of Idaho's copyright. http://www3 state.id.us/cgi-bin/newidst?sctid=500020026.K 3/6/00 10981 Horseshoe Bend Road Boise, ID 83703 March 6, 2000 Mayor Rick Yzaguirre and Members of the Council and Members of the Planning and Zoning Commission City of Eagle P. O. Box 477 Eagle, ID 83616 Dear Mayor and Members: 3kioo RECEIVED & FILED CITY OF EAGLE MAR 0 6 2000 File: Route to: '- (l \ 1 . Li Cr Subject: Submittal at Eagle City Planning and Zoning Meeting, March 6, 2000 And at Eagle City Council Meeting, March 21, 2000 My wife, Carole, and I live at 10981 Horseshoe Bend Road, Boise, Idaho, in Ada County, more particularly described as Parcel 0235 of NE4 NE4, Sec. 10, 4N., 1E. This particular property is over five acres. We are residents of Ada County and we want to stay that way. This is a rural community. We do not want to be annexed, against our wishes, in to the City of Eagle. We are presently zoned RT and we do not want the zoning changed to AR. The City of Eagle does not provide this area with: A. Fire Protection — Fire Protection District B. Water Service is a private enterprise C. Sewer Service — Sewer District D. Garbage pickup — private enterprise E. Curb & gutter & sidewalks — Probably a L. I. D. F. Street lights The above services are paid for by the property owner. In short, the City does not provide anything but additional taxes for very limited services. This area is "rural" in nature and should stay that way — in the County — until such time that the property owners request annexation. Regarding attorney Michael Moore's letter to the City of Eagle, dated 2/25/2000, this property is more than five acres and receives no "special benefits" so therefore should not be annexed in to the City of Eagle. We don't need more regulations concerning livestock and farming operations. You have said that you don't want to be a bedroom community so I urge you to concentrate your efforts toward a strong city center and abandon this proposed land grab that is miles away from downtown. March 6, 2000 Eagle Planning & Zoning Commission Eagle City Hall P.O. Box 477 Eagle, Idaho 83616 11,4 7.iee/efAvk ed?. 3/(/d1) RE: Development Agreement for 34 -Acre Parcel at the Corner of State Highway 44 and Park Lane Dear Commissioners, We would like you to consider the proposed development agreement composed by your city staff. This request would involve annexation of this property to the city and establishing a "Mixed Use" designation for the property located south of Highway 44, directly west of the new access point to Eagle Island State Park. The property is about 34 acres in size. The purpose of this change is to allow us to submit a plan that will implement the vision for our company. First, we would like to give you some background into our company, what our vision is, why we have chosen Eagle, and why this particular site. We provided a letter essentially the same as this to the Eagle City Council members during their deliberations on the comprehensive plan. The products you depend on, the romantic look you love...Camille Beckman manufactures, packages and supplies the wholesale gift trade with personal care gift products. Currently we maintain a national testing store at the Boise Towne Square Mall. We are a rather unique company in that we revolve and rely so much on hand made objects. Exemplifying this is our trademark, the little hand -tied satin rose bud that is found on our jars of lotions and creams. Copies of our current wholesale catalog and various marketing materials are included in the green folders for you to peruse. Our business started 14 years ago in a little north end house. I referred to this as our original "Rose Cottage". Today we supply products and cabinetry across the nation to over 14,000 carefully selected retail gift shops. We also distribute products to Canada, and have recently added England, Scotland and Ireland. At this point we have out grown our production center located right in the center of downtown Boise. This facility (the heart of Camille Beckman, as it is today) includes light manufacturing, assembly and packaging, shipping, office, and houses approximately seventy employees. The majority of our products are produced right in the Treasure Valley either directly by Camille Beckman or by other local suppliers and businesses. We are very unique in that we touch so many people in this valley by creating so many jobs in our community. From rose bud tiers to local publishers, Camille Beckman is a Page 1 of 3 P.O. Box 2820 • Boise, Idaho 83701 • 208-386-9196 • FAX 208-386-9228 silent but strong financial influence in Ada County. I encourage people to buy locally because dollars brought into a local market will return many times the initial expenditure through the multiplier effect. Our Vision Our vision is to leave a legacy for the generations to come. We have hopes of creating a headquarters that is a sense of pride for not only this community but for the children of our future community. This headquarters will grow in multiple phases. The first phase will be the construction of the main core of the production facility. The visible section of this facility will be wrapped with a two-story English cottage style facade, housing our offices and showrooms, retail shops and an employee/guest cafeteria. In phase 1 we will also begin the gardens. These gardens will take many years to develop, as do all gardens however they will play a very crucial role in the future Camille Beckman. That is why we chose to begin them in phase 1. Phase 2 we will begin a very special project featuring an art gallery and allowing a small cultural center to develop. This small gallery will house a permanent collection of paintings from the Hungarian painter, Louis Mark. Several gift shops, teashops and a conservatory will wrap around the gardens in this phase. Future phases envision the construction of cottage style living units as well as an English Style Bed & Breakfast. Why Eagle? My roots are deeply embedded in this area. My Great Grandmother, my Grandmother, and my mother, all with the love of gardening, were raised on the banks of the Boise River just 5 miles downstream. My family and I live two miles from the site. This is our home. Each morning I wake with a view of the Boise River and I would very much to build on and be the proper custodian of this beautiful piece of land. The setting for our vision must be one that provides a quality rural setting where the land compliments the gardens and company image. The Eagle area is a wonderful location that provides this environment. The river, the rolling hills, the agricultural lands all provide a quality setting for our business and employees. Eagle is establishing the type of community that compliments our plans. Why Tfiis Site? We have spent many hours studying potential locations. This natural setting was important but so were other considerations: Size: The site must be large enough to include all of the components of our business: starting with Phases 1 and 2 including the gardens and the art gallery, while allowing for future growth opportunities. Page 2 of 3 Transportation: We must have direct access to a major transportation system. The subject site is on a major State Highway. This also provides us with excellent visibility. Signalized Intersection: this provides safe and convenient access to Highway 44. Services: The availability of central sewer, water, and other utilities is important if not mandatory. Quality Environment: The site contains all of the elements necessary to meet our vision. The location of Eagle Island State Park and the Boise River also helps in assuring the surrounding area will continue to meet our goals for a rural environment. Suitability: It has been a very difficult task to find a site such as this one. Few exist, and even fewer are available. Request Based on the work our planning team has been doing with the Eagle staff, we have determined the most appropriate designation for the property is Mixed Use. The attached map is our recommendation for the designation. This designation gives us the flexibility for a creative design. It also gives Eagle the tools to ensure the project is designed and built to the high standards established in the Eagle building codes. The property warrants the designation because of its location adjacent to Highway 44 and being a signalized intersection. Few of these locations exist in Eagle and they should be prime sites for employment -based businesses. The site also is compatible to the majority of the neighboring uses. The canal, floodplain, and river provide a natural boundary to the south and west. Highway 44 provides the appropriate boundary to the north. Eagle Island State Park and the Boise River are appropriate boundaries on the east. We are very excited about the opportunity to be part of your wonderful community. We are committed to providing the citizens of Eagle a unique setting, one that you will be proud to have associated with Eagle. Since san an t oad Roghani Camille Beckman Corporation Page 3 of 3 Mayor Rick Yzaguirre, Members of the Council and Members of the Planning and Zoning Commission. City of Eagle P.O. Box 477 Eagle, Idaho 83616 Dear Mayor amd Members: Subject: Submittal March 6, 2000, and Property: Boarders Union Ditch on the Piz 31/to /0n at the Eagle City Planning and Zoning Meeting, at the Eagle City Council Meeting, March 21, 2000 Eagle Hills Golf Course on the east side, Farmers north and Evans Subdivision on the south. Reference is made to the City of Eagle attorney,s letter dated Feb- ruary 25, 2000, concerning "Annexation of Property Surrounded by City". I meet the stipulations specified in the city attorney Michael Moore's letter to the City of Eagle, ie: (a) (b) (c) the (d) not (e) The property contains five acres or more, The lands are used exclusively for agricultural purposes, The lands do not receive benefits to justify the retention of lands within the corporate limits, By the detachment of the lands, the "symmetry of the city would be materially marred," and Our Land qualifies for agricultural exemptions. Mr. Moore has recommended not annexing agricultural properties which qualify for agricultural exemptions. This property has been farmed since the 1930's and my family has lived and farmed it for over 30 years. It is my desire to not zone this property AR or R3, and not be annexed into the City of Eagle. I prefer to retain our Ada County zoning of RT. Y _urs Truly: Dewain Glu ay 500 Rene P1. Eagle, Idaho 83616 ;11 STEWART PROPERTY 13 FROST PROPERTY 2 EXHIBIT A SITE STUDY 422,7;,, oP - ma.filb•kt, O1"" 5R5 5/I5/S9 011131.9 iosxo 981'5 IMOSET E T