Minutes - 2008 - Planning & Zoning - 08/18/2008 - Regular
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
August 18,2008
1. CALL TO ORDER: Meeting called to order at 6:03 p.m.
2. ROLL CALL: SMITH, FELIX, AIZPITARTE, TANNER, ROEHLING
3. CONSENT AGENDA:
. Consent Agenda items are considered to be routine and are acted on with one motion. There
will be no separate discussion on these items unless the Chairman, a Commissioner, member
of City Staff, or a citizen requests an item to be removed from the Consent Agenda for
discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in
a sequence determined by the Rules of Order.
. Any item on the Consent Agenda that contains written recommendations from the City of
Eagle shall be adopted as part of the Planning & Zoning Commission's Consent Agenda
approval motion unless specifically stated otherwise.
A. Minutes of August 4, 2008.
B. Findin!!s of Fact and Conclusions of Law for A-01-08/RZ-06-08 - Annexation and
Rezone from RUT to A-R - John VO!!t: John Vogt is requesting approval of an annexation
and rezone from RUT (Rural- Urban Transition - Ada County designation) to A-R
(Agricultural-Residential). The 39-acre site is located on the northeast comer of West Beacon
Light Road and North Park Lane at 3632 West Beacon Light Road.
C. Findin!!s of Fact and Conclusions of Law for CU-ll-06 MOD - Outdoor Plav!!round
Area for Land of Nod Learnin!! Center - Genesis One LLC: Genesis One LLC,
represented by Travis Burrows of Dave Evans Construction, is requesting a modification to a
conditional use permit to allow a fenced-in outdoor playground area for Land of Nod Learning
Center. The 0.33-acre site is located on the south side of East Iron Eagle Drive, approximately
V4 mile west of Edgewood Lane at 1167 East Iron Eagle Drive (Lot 9, Block I, Merrill
Subdivision No.5).
D. Findin!!s of Fact and Conclusions of Law for CPA-03-08 & RZ-07-08 - Comorehensive
Plan Amendment from Residential Four to Central Business District and Rezone
from R-4 to CBD - Larrv Coelho: Larry Coelho is requesting a Comprehensive Plan
Amendment to change the land use designation on the Comprehensive Plan Land Use
Map, consisting of eleven parcels, from Residential Four (up to four units per acre) to
Central Business District, and a rezone from R-4 (Residential - up to four units per acre)
to CBD (Central Business District) for four of the eleven parcels that are located on both
sides of North pt Street. The 4.01-acre site is generally located on North I st Street and
North Eagle Road, north of Idaho Street, south of Mission Street, and east of North Eagle
Road.
E. Findin!!s of Fact and Conclusions of Law for CPA-05-08/A-3-03/RZ-08-08-
Comorehensive Plan Mao & Text Amendment from Mixed Use and Professional
Office to Commercial. Annexation and Rezone with Pre-annexation/Develooment
Aereement - Eisenbere Comoanv: Eisenberg Company, represented by Van Elg of The
Land Group, Inc., is requesting a Comprehensive Plan Map and Text Amendment to
change the land use designation on the Comprehensive Plan Future Land Use Map from
+/- 31.4 acres Mixed Use and +/- 4.4 acres Professional Office to Commercial and amend
the language in the Rim View Planning Area, an annexation and rezone with Pre-
Annexation/Development Agreement for +/- 38.34 acres with a zoning designation of C-
3-DA (Highway Business District with a Development Agreement). The +/- 38.34-acre
site is located at the northeast corner of Linder Road and Chinden Boulevard (US 20/26).
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Tanner has a question on item 3E. There is a partial sentence on page 29. Should this be
deleted? Discussion and clarification from staff.
Roehling asks about page 41. Should this be going through parks and pathways. Mike
Williams says the application should be going to PPDC this week.
Aizpitarte moves to approve the Consent Agenda as amended. Seconded by Tanner.
ALL AYES...MOTION CARRIES.
4. PUBLIC HEARINGS:
A. ZOA-01-08 - Citv of Ea!!le: An Ordinance Of The City Of Eagle, Ada County Idaho
Amending Eagle City Code Title 8 "Zoning", Chapter 4 "Off Street Parking And Loading",
Section 4 "Additional Parking Regulations And Requirements", Subsection 5 "Parking In Lieu
Payments"; Providing A Repealer Clause; Providing A Severability Clause; And Providing An
Effective Date.
Aizpitarte introduces the item.
Jeff Lowe, City Staff, reviews the application. Smith asks how much money is in this fund.
Planner Lowe believes there is approximately $39,000 in the account right now. Discusses history
of D'vinci's. There have only been 4 applications in the last 10 years.
Felix asks if this ordinance would open up the City for exposure.
Susan Buxton, City Attorney clarifies the ordinance. There are some changes she has asked
Planner Lowe to display for the Commission. Discussion on fair market value. Asks if there has
been an annual fee being paid by the applicant as required in the ordinance. The City is not aware
of any.
General discussion on changes to the language.
Roehling discusses maintenance fee.
Susan Buxton, City Attorney, feels there should be a provision for an agreement.
Review of changes made by the attorney.
Tanner asks who would be responsible for establishing fair market value.
Applicant would provide evidence of value. City would review and negotiate.
Aizpitarte opens the public hearing.
Mark Butler, 1640 Washam Road. Owns property downtown. Gives overview of history in
planning. Talks about writing ordinances. Discusses pedestrian friendly downtown. Feels the
developers will not do the parking lieu offee if they have to pay market value. Feels they should
get rid of the ordinance. Provides justification. Provides a copy of Meridian's code regarding
parking. Gives a handout of a potential code amendment. Feels this should be tabled and
remanded to staff.
Discussion amongst the Commission.
Tanner would like some more time to absorb what they have heard.
Aizpitarte discusses his personal experience with his office building and parking.
Planner Lowe feels the parking code needs some work. Discusses walkability in the downtown.
Feels there could be help from the visioning process.
Felix asks if there is a map that shows the TDA. Lowe displays a map and points out the area.
General discussion. Planner Lowe discusses change of uses, zoning certificates, etc.
Consensus amongst the Commission that more time is needed.
Aizpitarte moves to continue ZOA-01-08 - Citv of Ea!!le: An Ordinance Of The City Of
Eagle, Ada County Idaho Amending Eagle City Code Title 8 "Zoning", Chapter 4 "Off
Street Parking And Loading", Section 4 "Additional Parking Regulations And
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Requirements", Subsection 5 to the date certain time of October 6, 2008. Seconded by
Roehling. ALL AYES...MOTION CARRIES.
The Commission would like Planner Lowe to take this information and do some research. The
public testimony will remain open. Tanner would like to see examples of other City codes that
may be similar. Clarification from staff. Roehling would like more background of what makes an
area more pedestrian friendly.
5. REPORTS:
A. Commission: None.
B. City Attorney: Discusses case law, judicial items. Discusses an annexation case in Boise.
Highland development.
C. Staff: None.
6. ADJOURNMENT:
Aizpitarte moves to adjourn. Seconded by Felix. ALL AYES...MOTION CARRIES.
Hearing no further business the Planning & Zoning Commission meeting adjourned at 7:05 p.m.
RESPECTFULLY SUBMITTED:
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8-2A-6: DESIGN REQUIREMENTS, OBJECTIVES AND
CONSIDERATIONS:
C.Downtown Development Area: DDA shown on exhibit A-1 within the EASD book.
4. Parking -To the extent the parking requirements set forth below conflict with
section 8-4 of this chapter, the parking requirements below shall control:
a. Except for restaurant uses, parking spaces shall not be required in the DDA. If
provided however, Goff street parking shall be behind buildings. If the parcel is
developed as a parking lot, a landscape buffer shall be provided between the
parking lot and any street.
reduced parking ratios where is asscss to public or shared parking.
b. Provide on street parking along State Street, 1st Street, 2nd Street, Idaho
Street, Park Road and Aikens Road.
c. On street parking along Eagle Road is prohibited.
d. Shared parking shall be encouraged.
D.Transitional Development Area: TDA shown on exhibit A-1 within the EASD book.
4. Parking - To the extent the parking requirements set forth below conflict with
section 8-4 of this chapter, the parking requirements below shall control:
a. Except for restaurant uses, parkinq spaces shall not be required in the DA. If
provided however, Gcontinuous front parking areas (off street) along State Street
and Eagle Road is not permitted.
b. Limited direct access to parking areas from State Street or Eagle Road is
allowed.
c. Shared drive access points to parking shall be used wherever possible.
d. Encourage shared parking.
e. Where off street parking is
provided these facilities occur adjacent to existing residential development, a
continuous six foot (6') high masonry wall with landscape treatment or a separate
landscape barrier will be required to mitigate sound and visual impact. Safe
pedestrian and bicycle connections between the residential neighborhood and the
off street parking area should be provided if feasible.
f. On street parking is allowed.
EAGLE PLANNING& ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
August 18,2008
ZOA-01-08—City of Eagle
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