Minutes - 2002 - Planning & Zoning - 04/03/2002 - Regular
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ORIGINAL
EAGLE PLANNING AND ZONING COMMISSION
March 4, 2002
6:30 PM
The Planning and Zoning Commission met in regular session on March 4, 2002
Chairman Franden presiding.
1.
2.
CALL TO ORDER:
ROLL CALL: The following members were present FRANDEN,
CADWELL, CROOK. Absent BLOOM, NORDSTROM. A quorum is
present.
3.
CONSENT AGENDA:
A. Minutes of February 19, 2002
B. Findines of Fact and Conclusions of Law for CPA-2-01 -
Comprehensive Plan Amendment from Residential One to Commercial
- Gale and Ann Schenk: Gale and Ann Schenk, represented by Land
Consultants, Inc., is proposing a Comprehensive Plan Amendment to
change the land use designation on the Comprehensive Plan Land Use Map
from Residential One (up to one dwelling unit per acre) to Commercial.
The site is located on the northeast comer of Linder Road and State
Highway 44.
C. Findines of Fact and Conclusions of Law for CPA-3-01/RZ-14-01-
Comprehensive Plan Amendment from Residential Two to Mixed Use
and Rezone with development aereement from R-2 to MU-DA-P: Peter
J. Cintorino, represented by Land Consultants, Inc., is proposing a
Comprehensive Plan Amendment to change the land use designation on the
Comprehensive Plan Land Use Map from Residential Two (up to two
dwelling units per acre) to Mixed Use, and a rezone from A-R
(Agricultural-Residential) to MU-DA-P (Mixed Use with Development
Agreement - PUD). The site is located on the west side of Eagle Road
approximately 3/4 mile north of Chinden Boulevard., at 2421 North. Eagle
Road.
Crook moves to approve the Consent Agenda of February 19, 2002 as presented.
Seconded by Franden. TWO A YE(Cadwell abstained)...MOTION CARRIES.
4. OLD BUSINESS: None
5.
PUBLIC HEARINGS:
A. A-OI-02/RZ-OI-02 - Rezone & Annexation for Eaele Family Worship
Churcþ - Eaele Family Worship: Eagle Family Worship, represented by
Land Consultants Inc., is requesting an annexation and rezone from RUT
(Rural Urban Transitional) to R-E (Residential Estates - 1 dwelling unit
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per two acres). The site is located on the northeast comer of Floating
Feather Road and Park Lane at 3838 Floating Feather Road.
Franden introduces the item. Both items will be heard together with separate motions.
Shawn Nickel, 52 N. 2nd Street, Eagle, with Land Consultants Inc. representing the
applicant presents the application. States they are in agreement with all staff site
specific conditions with the exception of one, that would be removing the existing
house.
Nordstrom arrived at 6:40 p.m.
Jeff Lowe, city staff presents the staff report.
Discussion between Lowe and the Commissioners.
Franden opens the public hearing
Rusty Huwa, 1956 N. Trailcreek Way, Eagle, Mr. Huwa is the pastor of Eagle Family
Worship, gives a brief history of the church.
Mark Butler, 1640 W. Washam Road, is representing the applicant but also
occasionally attends services at this church. Discusses the height of the cross and the
existing house located on the property.
Blaine Russell, 4920 Collister Drive Boise. Mr. Russell a retired minister has been
working with the applicant, and is in favor of this application being approved.
Mark Bridgewater, 1685 W. Brant Lane Meridian, attends the church and will also be
responsible for helping to build the facility.
Shawn Nickel provides a rebuttal.
Mr. Bridgewater stands to answer the Commissioners question on the entrance into the
church during the various phases and the possible location for the cross.
Franden closes the public hearing.
Crook does not see any problems with the existing house at this time and does not think
they need for a timeline for removing this. Would like to see a condition added that
requires continuing of the pathway. Mr. Crook does not have an issue with the cross at
this time.
Cadwell is also in favor of this application, and would like to see the existing building
used for office space, would also like more information on the cross before approving
it.
Franden agrees with what has been said and would also like to have more information
on the cross.
Nordstrom agrees with waiting to approve the conditional use for the height exception.
Nordstrom moves to approve A-OI-02/RZ-OI-02 - Rezone & Annexation for Eagle
Family Worship Church - Eagle Family Worship with staff recommendations and
site specific conditions of approval with the following additions:
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1) Wave on the non conforming house as being O.K. at 45 feet as a front setback
with the condition that says at the point in time during the phase which includes
offices the existing annex which is being used specifically as an office would be
removed from the property in the future.
2) Make provision for a pathway that would border the north side of the property
and allow the proper delineation of right a way.
Seconded by Cadwell. ALL A YE...MOTION CARRIES.
B. CU-I-02 - Conditional.!lli:.fermit for Eaele Family Worship Church
- Eaele Family Worship: Eagle Family Worship, represented by Land
Consultants Inc., is requesting conditional use approval for a church and a
height exception to allow a 50-foot high cross. The site is located on the
northeast comer of Floating Feather Road and Park Lane at 3838 Floating
Feather Road.
Butler stands to address Nordstrom question on how to proceed with the cross height
exception.
Mr. Huwa stand to address Crooks question on the size and location of the cross prior
to getting building permits.
Nordstrom moves to deny CU-I-O2 - Conditional Use Permit for Eagle Family
Worship Church - Eagle Family Worship based on the circumstances. Seconded
by Cadwell. Discussion. Nordstrom rescinds his motion. Seconded by Cadwell.
Nordstrom moves to approve CU-I-02 - Conditional Use Permit for Eagle Family
Worship Church - Eagle Family Worship with staff recommendations with the
following changes to the site specific conditions of approval:
. Ssc #3, strike completely.
. Ssc #5, amend this condition to read, the existing dwelling shall be used as an
accessory structure/annex office until the completion of phase two, at this time
it will be removed. Seconded by Cadwell. ALL A YE...MOTION CARRIES.
C. RZ-8-00 MOD - Rezone and Development A2reement Modification -
Mercy Housin2 Idaho: Mercy Housing Idaho, represented by Glancey-
Rockwell & Associates, is requesting a change to the rezone and
development agreement previously approved by the City from MU-DA-P
(Mixed Use - with development agreement-PUD) to MU-DA (removal of
the PUD) and a change to the concept site plan within the development
agreement. The 70-unit (69-multi-family, I-single-family), 5.44-acre site
is located on the east side of Eagle Road approximately 1, 700-feet north of
State Street at 544 North Eagle Road.
Franden introduces the item.
Pete Rockwell, 595 Americana, Boise, with Glancey- Rockwell, representing the
applicant presents the application.
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Jeff Lowe, City Staff present the staff report.
Franden opens the public hearing.
Barry Brunell, 301 Yellow Pine Place, Eagle. Mr. Brunell lives at the SE comer of the
project, states he is opposed to the project. Would like to have more information on
why the PUD is being dropped. Would like to limit this to 61 dwelling units.
Commissioners ask Lowe to address the concerns of Mr. Brunell. Mr. Lowe uses a view
foil of the previously approved site plan to answer questions.
Mr. Rockwell stands to address Frandens question on why they have made these
changes. Funding requirements is the main reason.
Jim Birdsall representing Mercy Housing, 2211 Spring Lane Boise, stands to address
the question on the reason for the modification to this application.
Franden closes the public hearing.
Franden does not have any issues with this application and likes the new design over
the old one.
Nordstrom agrees with Franden and feels the concerns of the neighbor can be addressed
during the preliminary plat process.
Cadwell was at the Design Review Meeting when this was previously addressed and
thinks that most of the issues the neighbors had have been clarified.
Crook is concerned with storm water drainage.
Cadwell moves to approve RZ-8-00 MOD - Rezone and Development Agreement
Modification - Mercy Housing Idaho with no changes to the staff
recommendations and site specific conditions of approval. Seconded by Crook.
ALL A YE...MOTION CARRIES.
6.
7.
NEW BUSINESS: None
REPORTS:
Staff: Lowe asks the Commission to put a lot line adjustment under the consent agenda
on the next meeting.
Commission: Cadwell will not be at the March 18,2002 meeting.
8. ADJOURNMENT: Nordstrom moved to adjourn at 8:20 p.m. Seconded by
Crook. ALL A YE...MOTION CARRIES...
RESPECTFULLY SUBMITTED:
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../ SHAR N K. MOORE
CITY CLERK/TREASURER
APPROVED:
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT
CITY HALL.
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