Minutes - 2001 - Planning & Zoning - 04/16/2001 - Regular
ORIGINAL
EAGLE PLANNING AND ZONING COMMISSION
April 16, 2001
6:30 PM
The Planning and Zoning Commission met in regular session on April 16, 2001
Chairman Franden presiding.
1.
CALL TO ORDER:
2.
ROLL CALL: The following members were present FRANDEN, BLOOM,
DECKERS, NORDSTROM, CADWELL. A quorum is present.
3.
CONSENT AGENDA:
A. Minutes of April 2, 2001.
B. Findin2:s and Conclusions for RZ-18-00 Rezone from R-4 to MU-DA -
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-DA (Mixed Use with Development Agreement). The 1.60-acre site
is on the southwest comer of North Eagle Road and Floating Feather Road
at 1177 North Eagle Road.
Bloom moves to approve the Consent Agenda as presented. Seconded by Cadwell.
ALL A YE...MOTION CARRIES.
4. OLD BUSINESS: None
5.
PUBLIC HEARINGS:
A.
CU-OI-0l-.fu!!Jv Childhood Education Center - Alei & Cal Gothber2::
Alei & Cal Gothberg, are requesting conditional use approval to provide a
specialized individual child care and education facility for pre-school age
children. The 2,497 sq.- ft. building is located on the south side of East
State Street approximately 1, 125-feet west of Edgewood Lane, at 1275 E.
State Street.
Franden introduces the item.
Franden opens the public hearing.
Nancy Merrill, 1246 S. Watermark Place, Eagle. Ms. Merrill representing the applicant
presents the application. This area is zoned and in the Comprehensive Plan for Mixed
Use. A Conditional Use Permit is required to run a child care facility. The applicant
will put in three classrooms in the existing house. There is additional space for parking
if it is required. Ms. Merrill uses overhead view foils to aid in her presentation.
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Jeff Lowe presents the staff report.
Commissioner Deckers asks staff how these parking spaces compare to a previous
application for a rezone in the CBD. He would like to see the conditions from the
previous application for a daycare.
Steve Cooper, 731 E River Quarry. Friend of the Gothberg's, would like to testify in
their behalf.
Darrell Fowler, 1021 Mercer Street, Boise. Relative of the neighbor, Mrs. Duncan.
Mr. Fowler states that the parking spaces are to tight and thinks this will be a safety
issue. Most people of childbearing age drive Sport Utility Vehicle's and larger vehicles,
these automobiles will block the driveway. Mr. Fowler has taken photos of the area and
explains these to the Commission.
Alei Gothberg, 4411 N Croft. Ms. Gothberg owns Anderson Travel and is excited to
open a second business in Eagle. Would like to come to an agreeable solution to make
this an amiable situation for her and the neighbor. Would like to incorporate the future
senior housing next door into their day care activities. Ms. Gothberg states that the
daycare will be licensed for 50 students.
Cal Gothberg, 4411 N. Croft. Mr. Gothberg believes this is a great opportunity for this
building. They are trying to provide a service to the community. This building site
should not affect the neighbor. They are willing to do whatever is necessary to appease
the neighbor.
Franden states that this situation needs to be a win win situation for both the applicant
and Mrs. Duncan.
Spencer Gothberg, 4411 N. Croft. Spencer is the son of the applicant, he thinks this
would be a good idea and he will have a place to go after school.
April Bull, 6289 N. Serenity Lane Meridian. Friends of the Gothberg's for 10 years. She
has a great deal of respect for the applicants, they will bring a personal touch into the
daycare.
John Bull 6289 N. Serenity Lane Meridian. Mr. Bull states the applicants are loving
people and will do an excellent job with this daycare.
Shallan Ramsey 465 Floating Feather, Eagle. Ms. Ramsey has 2 daughters and works
for Anderson travel. She will put her children in this daycare as they will do an
awesome job.
Nancy Merrill provides a rebuttal. Ms. Merrill states that Mrs. Duncan has always been
an excellent neighbor. They only have four feet for her driveway but they have no
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problem with this. There is an easement that is for vehicular, pedestrian and
maintenance of the existing property. Ms. Merrill again states that there is enough
parking for this property.
Franden closes the public hearing.
Staff gives copies of the site specific conditions from previous daycare application (CU-
24-00) to the Commission for reference.
Discussion amongst the Commission. All members have concerns on the traffic flow
and parking requirements.
Deckers moves to approve CU-OI-0l- Early Childhood Education Center -_Alei
& Cal Gothberg with the staff site specific conditions and standard conditions of
approval with the following additions.
. Site specific condition #7, the applicant shall submit a security and safety plan
to the City staff and Eagle Fire Department for review and approval prior to
issuance of Certificate of Occupancy.
. The applicant provide a revised parking plan for the front parking area that
would either have a turn around completely contiguous to the property in this
application or have cross access with Pacific Height to provide flow through
drop off traffic.
. Concept plans for either or both these options be presented with this
application to City Council.
. Add site specific condition #9, the back parking lot will be for employee
parking only.
. If neither of these proposals is suitable then the application will be denied.
Seconded by Bloom. Discussion.
Deckers withdraws his motion.
Deckers moves to continue CU-OI-0l- Early Childhood Education Center - Alei
& Cal Gothberg to the next Planning & Zoning Meeting on May 1, 2001. The
applicant shall provide concept plans for the two parking situations, a turn
around or flow through drop off parking. Seconded by Bloom. Discussion. ALL
A YE... MOTION CARRIES.
B. CU-02-0~ - Ea2:le Nurserv - ~J. Cintorino: Eagle Nursery, represented by
Peter J. Cintorino, is requesting conditional use approval to relocate the existing retail
nursery and landscape business. The 6.3-acre site is located on the northeast comer of
Park Lane and West State Street at 3950 W. State Street.
Franden introduces the item.
Franden calls a brief recess.
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Peter Cintorino, 10166 Cayuse Lane Boise. Mr. Cintorino is the applicant. He started
the original Eagle Nursery. Expansion has required him to move his site.
Mr. Cintorino uses a view foil to show the Commission his plans for access into the
site.
Deckers asks the applicant about the required number of parking spaces. Also what
variety of evergreens are shown in the concept plan.
Lonnie Morris, 1511 W. Deadwood St. Eagle. Mr. Morris, General Manager for the
Nursery states that five acre of the parcel is under the subdivision CC & R's, one acre is
not.
Jeff Lowe presents the staff report.
Cadwell questions staff on the mandating of business hours.
Nordstrom questions staff on the berming requirements along State Street and whether
berming was required across the street at the Camille Beckman site.
Deckers questions staff on ACHD and lTD's letters of transmittal. Also the alignment
of the driveway entrances with the Camille Beckman site across the street.
Franden opens the public hearing.
Bruce Gestrin, 312 Park Lane. Mr. Gestrin has a number of concerns, increased traffic,
traffic from the high school, and noise. Would prefer the nursery not locate at this site.
Barb Gestrin, 312 Park Lane. Lives directly north of this parcel. Ms. Gestrin is against
this due to the increase in traffic and the proximity to the high school.
Not opposed to Eagle Nursery rather the location for this site.
Bill Proctor, 3850 Flint. Mr. Proctor lives north of the site and is also concerned about
the traffic. Mr. Proctor states that the applicant never contacted him.
Elliott Weiss, 3660 Flint Drive. States he was contacted in person. Likes the idea for a
nursery but was concerned about the berming. Would like to see berming with
screening and berming along Park Lane.
Dave Myers, 4000 Cassia Street, Boise. Mr. Myers states that the new plan shows State
Street as the main entrance into the site. Eagle Nursery should not be penalized for
something the transportation department should be addressing. Expansion of services
will mainly focus on quality of services.
Bloom has concerns about semi trucks and asks how they will address the semi traffic.
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Tom Rick, 1560 N. Park Lane. Mr. Rick supports the application as it will not affect
his business. Mr. Ricks states it is compatible with the surrounding three comers.
However he would like to see just one entrance onto Park Lane.
Mr. Cintorino the applicant provides a rebuttal.
Franden closes the public hearing.
Nordstrom asks legal counselor about the non-conforming use and if the house should
be moved. Also if he has any problem with the CC & R's. Attorney states we do not
have an issue with, nor enforce the CC & R's.
Discussion amongst the Commission.
Deckers asks applicant if they would prefer to have a denial or a continuation.
Deckers moves to deny CU-02-01- Eagle Nursery - Peter J. Cintorino based on
the non-conforming use of the residential house set backs. To gain approval they
need to meet the site specific conditions and standard conditions of approval with
these modifications.
. On site specific condition #3, from the word unless and onward, strike the rest
of the condition.
. Site specific condition #4, strike unless and the remainder of that condition.
. Site specific condition #5, strike unless and the remainder of that condition.
. Add eliminate the southerly right in right out access on Park Lane or provide a
letter from a professional traffic engineering stating this is an appropriate
location for an access.
. Provide a statement from ITD that verifies that the two access points on State
Street either aligns with or is appropriately off set from the Camille Beckman
Development.
. The landscaping at the corner of Park Lane and State Street shall be enhanced
beyond that which is shown on the site plan stamped, received on April 16,
2001.
If the City Council approves this application we strongly recommend City Council
reduce the speed limit on State Highway 44 in this area from 55 mph to 45 mph.
Seconded by Bloom. ALL AYE... MOTION CARRIES.
6.
7.
NEW BUSINESS: None
REPORTS: Staff: Jeff reports on several City Council items.
Attorney: John reports on decision for reconsideration
Commission: General Discussion
8.
ADJOURNMENT: Nordstrom moved to adjourn at 10:30 p.m. Seconded
Bloom. ALL A YE...MOTION CARRIES...
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A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT
CITY HALL.
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