Minutes - 2004 - Planning & Zoning - 08/09/2004 - Special
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ORtGINAL
EAGLE PLANNING AND ZONING COMMISSION
Special Meeting Minutes
August 9, 2004
The Planning and Zoning Commission met in regular session on Vice-Chairman Crook
presiding.
1.
CALL TO ORDER: Called to order at 6:37 p.m.
2.
ROLL CALL: The following members were Present: LIEN - present via
speaker phone telephone, CROOK, GLA V ACH. Absent: DECKERS,
BANDY.A quorum is present.
3. CONSENT AGENDA: None
4. UNFINISHED BUSINESS: None
5. PUBLIC HEARINGS:
Crook moves to hear item SE prior to the other public hearing items as this
application is something of a pre-cursor to a number of the other applications.
Seconded by Glavach. ALL A YE...MOTION CARRIES.
E. CPA-O2-04 Citv of Eaele: The City of Eagle will consider a City initiated
Comprehensive Plan Amendment to modify a portion of the Comprehensive Plan Land
Use Map and a policy to adopt the Western Eagle Sub-area Plan.
Crook introduces the item.
City Staff, Nichoel Baird-Spencer, presents the history of the application and gives a
detailed overview of the CP A-02-04.
Crook opens the public hearing.
Kay Perkins, 7610 Amity Rd. Nampa, Idaho. Ms. Perkins represents the owners of the
40 acres at the northeast corner of Chinden Blvd and Linder Road. Expresses her desire
to see the property zoned commercially and explains their vision for using the land for
community, commercial and professional office use and would prefer to have their
property zoned for these uses.
Foad Roghani, 2273 River Drive Meridian, Idaho. Has concerns with Ms. Perkins
testimony commercially zoning her property. Would rather see it zoned as mixed use,
as it would be a more compatible use for surrounding properties, rather than a big box
commercial development. Mr. Roghani lives approximately 14 mile from Ms. Perkins
property.
Mike Hormachea, P. O. Box 6887 Boise, Idaho. Mr. Hormachea reads into the record a
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letter he submitted to the city. See Attached.
Mark Butler, 52 N. Second St. Eagle, Idaho. Commends staff for the process this
comprehensive plan amendment has gone through. Butler supports the expansion of the
central business district. He would like to see some commercial allowed at the north-
east corner of Park Lane and State Street, even if 5 acres of commercial at this location
would be preferable. The other concern is a couple zoning designations that appear to
follow a section line and appear to cut through the middle of property. The is an area
south of State Street near Linder from approximately from where Old Valley intersects
State Street to about 14 mile west of Linder Road where the line cuts through and
follows a section line. If you would consider modifying the mixed use to follow the
property line I think it would be a lot easier for development.
City Staff provides clarification for the reasoning and research that went into the
proposed zoning presented to the Commission tonight.
Vern Brewer, with Holladay Engineering Company, speaks to the issue of utility
planning.
Crook closes the public hearing.
Discussion amongst Commissioners.
Glavach moves to approve CPA-02-04 City of Eagle with the staff
recommendations presented at tonight's meeting. Seconded by Crook. ALL
A YE...MOTION CARRIES.
A. CPA-I-OJ/RZ-7-0J - Comprehensive Plan Amendment from Residential Four
to Central Business District and Rezone from R-4 to CBD-DA - G. Greeorv Hall:
G. Gregory Hall, represented by Land Consultants, Inc., is requesting a Comprehensive
Plan Amendment to change the land use designation on the Comprehensive Plan Land
Use Map from Residential Four (up to four dwelling units per acre) to Central Business
District, and a rezone from R-4 (Residential - up to four dwelling units per acre) to
CBD-DA (Central Business District with Development Agreement). The site is located
on the west side of North Eagle Road, approximately 800-feet north of West State
Street, at 223 North Eagle Road. (This item was continued from the August 2, 2004
meeting)
Crook introduces the item.
Butler presents the application.
City Staff, Jeff Lowe, reviews the staff report.
Crook opens the floor for public testimony.
No one from the public chooses to speak.
Crook closes the public hearing.
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Discussion amongst the Commission
Glavach moves to approve CPA-I-0J/RZ-7-0J Comprehensive Plan Amendment
from Residential Four to Central Business District and Rezone from R-4 to CBD-
DA with all staff recommendations. Seconded by Lien. ALL A YE...MOTION
CARRIES.
B. CPA-2-0J - Comprehensive Plan Amendment from Residential One to
Commercial - Rick & Nita Musick: Rick & Nita Musick, represented by Land
Consultants, Inc., is requesting 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 south side of
West State Street approximately 400-feet east of Linder Road, at 4526 West Old Valley
Road. (This item was continuedfrom the August 2,2004 meeting).
Crook introduces the item.
Mark Butler, 52 N. Second Street Eagle, Idaho. Butler presents the application.
Lien notes that she is about to run out of battery on her cell phone. She agrees to call
Tuesday (8/11/04) at noon to attempt to finish hearing the items on the agenda.
Crook states that items 5 B, C, and D will be heard Tuesday, August 10,2004, at
noon. Any written public testimony should try and be submitted to City Hall by
10:JO a.m. tomorrow (August 10,2004) so that staff can distribute the information
to the Commissioners have an opportunity to review them.
C. CPA-J-OJ/RZ-8-0J - Comprehensive Plan Amendment from Residential One
to Commercial and Mixed Use and Rezone from A-R to C-2-DA and MU-DA-
Park Hampton. LLC.: Park Hampton, LLC, represented by Land Consultants, Inc., is
requesting 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 and Mixed Use, and a rezone from A-R (Agricultural-
Residential-up to one dwelling unit per five acres) to C-2-DA (General Business
District with Development Agreement) and MU-DA (Mixed Use with Development
Agreement). The site (Lots 1 and 2, Block 1, & Lots 1, 2,4, 5, 6, 8, & 9, Block 2, of
Flint Estates Subdivision) is located on the northeast corner of Park Lane and West
State Street, at 3950, 3450 & 3300 West State Street, 3415, 3855, and 3850 West Flint
Drive, and 312 North Park Lane. (This item was continued from the August 2, 2004
meeting).
This item will be heard on August 10, 2004.
D. CPA-I-04 - Comprehensive Plan Amendment from Residential Two to Mixed
Use - Laeuna Pointe. LLC: Laguna Pointe, LLC, represented by Land Consultants,
Inc., is requesting 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. The 9.31-acre site is located on the east side
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of Eagle Road, at 2260 South Eagle Road.
(This item was continued from the August 2, 2004 meeting).
This item will be heard on August 10, 2004.
E. CPA-O2-04 Citv of Eaele: The City of Eagle will consider a City initiated
Comprehensive Plan Amendment to modify a portion of the Comprehensive Plan Land
Use Map and a policy to adopt the Western Eagle Sub-area Plan.
See above motion.
6.
7.
8.
NEW BUSINESS: None
REPORTS: None
ADJOURNMENT:
RESPECTFULLY SUBMITTED:
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SHA ON K. BERGMANN
CITY CLERKffREAS URER
APPROVED:
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BRIAN CROOK
VICE CHAIRMAN
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT
CITY HALL.
Page 4 of 4
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: CPA-02-04 City of Eagle:
August 9, 2004
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: CPA-02-04 City of Eagle:
August 9, 2004
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject CPA-1-03/RZ-7-03 — Comprehensive Plan Amendment from Residential
Four to Central Business District and Rezone from R-4 to CBD-DA —
G. Gregory Hall:
August 9, 2004
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
Page 1 of 0
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject CPA-1-03/RZ-7-03 — Comprehensive Plan Amendment from Residential
Four to Central Business District and Rezone from R-4 to CBD-DA —
G. Gregory Hall:
August 9, 2004
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
Page 1 of 1
leno
r
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject CPA-2-03 — Comprehensive Plan Amendment from Residential One to
Commercial — Rick & Nita Musick:
August 9, 2004
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
.
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject CPA-2-03 — Comprehensive Plan Amendment from Residential One to
Commercial — Rick & Nita Musick:
August 9, 2004
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
-\
s
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: CPA-3-03/RZ-8-03 — Comprehensive Plan Amendment from Residential
One to Commercial and Mixed Use and Rezone from A-R to C-2-DA and MU-DA—
Park Hampton, LLC.
August 9, 2004
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: CPA-1-04 — Comprehensive Plan Amendment from Residential Two to
Mixed Use — Laguna Pointe, LLC:
August 9, 2004
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
AUG. 9. 2004 4:51PM RMH 2O83362476
COMPANY J
Na112 P.2(12.4 4
r=_:C i'rE:0 at FILED
CITY OF EAGLE
-_AUG JJ9200-4.
2
August 9, 2004
City of Eagle
Planing & Zoning Commission
P.O. Box 1520
Eagle, Idaho 83616
RE: CPA-02-04 City of Eagle
Members of the Planning & Zoning Commission:
Please accept the following as testimony for your consideration during the reviewmf
application CPA-02-04 City of Fag1e initiated Comprehensive Plan Amendment. I
submit these comments on behalf of Aries Development LLC, developers of the
Brookwood Planned Community and Hormaechea Limited Partnership, principal owners
of Idaho Feedlot Company, located between Beacon Light Road and Floating Feather
Road, approximately one mile east of Highway 16.
We have been following and participating in the City's various visioning and planning
meetings and open houses as it progresses towards expanding its area of impact west
towards Highway 16. We compliment the City on its efforts to include the affected
property owners in the long range planning of its proposed western expansion area. We
have worked within the City of Eagle for the past seven years on the Brookwood Planned
Community and have a significant amount of land within the proposed western expansion
area where we have operated Idaho Feedlot Company for nearly forty years. As the
details of the City's expansion plans continue to develop, we have some growing
concerns regarding the City's direction for sewer and water service in the proposed
western expansion area.
Reviewing the tent in Chapter 4 and accompanying maps regarding water and sewer
service, it appears the City has already determined that it shall own and operate the water
system serving the proposed western expansion area. In what appears to be action in
anticipation of this objective, the City passed Ordinance #479 on July 27th 2004 requiring
landowners to transfer or assign all surface and groundwater rights to the City as a
condition of annexation or approval of any new development. Additionally, the text and
maps indicate the City is preparing to provide sewer service to the proposed expansion
area. This has been determined despite the existence of the Eagle Sewer District that
currently serves the City, as well as evidence that gravity sewer service is likely available
for at least a significant portion of the western expansion area from the Star Sewer and
Water District.
1101 W. River St., Ste. 300
P.O. Box 6887
Bose, Idaho 83707
Ph: 208.336.2200
Fax: 208.336.2476
AUG. 9,2004 4:52PM RMH 2083362476 NO.112
As a landowner in the proposed expansion area and a developer that has worked closely
with the City on its existing water system, these determinations and recently approved
Ordinance #479 give us significant concern. We respectfully ask that City staff and the
Planning and Zoning Commissioners address the following questions as you consider this
Comprehensive Plan Amendment application.
1) Why is the City of Eagle in a better position to provide water service to the
proposed expansion area than United Water Idaho?
2) Why is the City of Eagle in a better position to provide sewer service to the
proposed expansion area than Eagle Sewer District or Star Sewer and Water
District?
3) How has the City of Eagle determined that a municipally owned water system
is in the best interests of the citizens of the City as stated in Ordinance #479?
4) Are municipal sewer and water service a condition of approval of the City's
application before Ada County to expand its Area of Impact?
5) Can the City of Eagle be approved to expand its Area of Impact without a
specific determination on the best provider of sewer and water service?
Thank you for your time and consideration of these concerns. We will continue to
participate in the City's planning process and hope we can make positive contributions to
the future growth of the City of Eagle. Aside from our concerns above, we remain strong
proponents of good long term planning and we are certain the City will continue to
benefit from the managed growth approach it has fostered over the years.
Respectfully,
ichael Hormaechea
es Development LLC
H • rmaechea Limited Partnership
AUG. 9. 2004 4: 51 PM
RMH 20833624/6
NO. 112 P. 1
RECEIVED & FLED
CITY OF EAGLE
AUG 0 9 2004
RMH COMPANY
P.O. BOX 6887
BOISE, IDAHO 83707
(208) 336-2200
FAX: (208) 336-2476
FAX COVER L 'ER
TO: !1/ n i le aff
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FAX; #6°P 7
NUMBER PAGES 5 (INCLUDING COVER LETTER)
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IF YOU DO NOT I sCEIVE ALL OF THE PAGES, PLEASE CALL AS SOON AS POSSIBLE (208)
336-2200.