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Minutes - 2010 - Planning & Zoning - 06/07/2010 - Regular THE CITY OF EAGLE PLANNING & ZONING CO:MMISSION MINUTES Eagle City Hall, 660 E. Civic Lane June 7, 2010 6:00 P.M. 1. CALL TO ORDER: Chairman Roehling calls the meeting to order at 6:02 p.m. 2. ROLL CALL: Present: ROEHLING, SMITH, TANNER Absent: VILLEGAS, AIZPITARTE 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 parlt of the Planning & Zoning Commission's Consent Agenda approval motion unless specifically stated otherwise. A. Minutes of Mav 17.2010. Chairman Roehling introduces the minutes on the consent agenda. Roehling moves to approve the consent agenda consisting of the minutes from May 17, 2010. Seconded by Smith. ALL AYE...MOTION CARRIES. 4. UNFINISHED BUSINESS: None 5. PUBLIC HEARINGS: A. CU-ll-02 MOD - Conditional Use Mobile Home - Dale R. Chesnut: Dale R. Chesnut is requesting conditional use approval to allow a mobile home occupied by a family member to continue to be located upon a lot in which a single-family dwelling already exists. The site is generally located on the northeast corner of Conover Street and Syringa Street at 2052 and 2054 Syringa Street. Chairman Roehling introduces the issue and asks the applicant to come forward to give a summary of the application. Dale R Chesnut, 205 McDevitt Road, Placerville, states he is representing 2054 E. Syringa. His daughter and her husband, with their three children lost their place in Middleton to foreclosure so they are now living at 2054 Syringa. He son was also living with them in Middleton and his work in construction is very limited right now. He is now spending time in their house but there is no extra bedroom room as it is a three bedroom house and hard for five people alone. He is requesting a continuation for what has been approved in years past. It has always been used by family members. Page 1 of7 K:\P&Z\MINUTES\Temporary Minules Work Area\PZ-06-07- I Omin,doc THE CITY OF EAGLE PLANNING & ZONING COMMISSION AGENDA June 7,2010 6:00 P.M. Chairman Roehling asks for any questions. Smith states he has no questions at this time. The application seems straight forward. General discussion regarding the neighborhood meeting and the sign in sheet being blank. Chesnut states that with his son being there the property will remain well maintained. Tanner states he has no questions at this time. Roehling asks staff to review the application. Planner Mike Williams gives a brief history of the application and explains why the conditional use is being modified. Roehling asks for any questions the Commission has for staff. Smith asks ifthere is any type of condition that the applicant, if the application is approved, has to submit information annually to the City. Planner Williams states that the condition reads that they submit annually on the anniversary of the approval. Tanner states he has no questions for staff at this time. Roehling states he has a couple of questions. When reviewing the site specific condition, Item 1, he would like to know if it is necessary to insert "by a Chesnut family member" where it speaks of vacancy. He then asks counsel if that would be allowed. City Attorney Fitzer reviews the wording and states that yes that would be a prudent measure. Roehling also discusses the wording on page 9 of 13, the first bullet. He asks for clarification. He then asks for clarification on whether both homes are currently connected to central sewer. Planner Williams states yes they are. Bill (Wilson) Chesnut resides at 1940 Syringa, the residence next door to the applicant. He states Dale Chesnut's daughter and son are his niece and nephew and he appreciates the fact that both of them are there on the property. He states the children are wonderful people and Lee, Chesnut's son, is doing a great job at maintaining the property. Lee Aaron Chesnut, 2054 E. Syringa, states he is clearly in favor of approval as he is the one wishing to reside there. He states he feels he has maintained the property better than it has been by his father in years past. Jenice Sanford, 2054 Syringa, is living in the main n~sidence on the property and is in support of her brother occupying the mobile home as the upkeep of the property will continue. Roehling asks if Dale Chesnut would like to provide a rebuttal. Chesnut states that the property is on City sewer and he has nothing further to rebut. Page 2 of7 K:\P&Z\f\.llNUTES\Temporary Minutes Work Area\PZ-06-07-IOmin.doc THE CITY OF EAGLE PLANNING & ZONING COMMISSION AGENDA June 7,2010 6:00 P.M. Roehling closes the public hearing at 6:20 p.m. and asks the commissioners to begin their deliberation. Smith states as he said before it is a straight forward application. He appreciates the good words spoken of the owner and tenants. Tanner discusses the language in Site Specific Condition of Approval #1 and discusses the issue of the owner being able to rent the property out, having tenants of the mobile home are non family members. Planner Williams states that the conditions are specific to family members only. If the tenant becomes anyone other than family it would be a violation. General discussion regarding the language concerning vacancy and the number of days given and the expiration of the Conditional Use permit. Attorney Fitzer states that if you read the language in 8-3-2 it reads a mobile home that is occupied by a family member. It has to be occupied for it to be permitted. The time allowance is a given grace period of 90 days. This provides reasonable leeway. General discussion regarding the 90 day allowance and what defines vacancy. Planner Williams states that if there is a transfer of ownership the conditional use permit is specific to the Chesnut family. Smith moves to approve item CU-ll-02 MOD, Conditional Use Mobile Home Dale R. Chesnut, to approve the request. Seconded by Tanner. Roehling wishes to amend the motion stating that Site specific condition of approval Item 1 should read that upon the mobile home no longer being occupied by one of Dale Chesnut's children the mobile home shall be removed from the site within 90 days subsequent to the vacancy of the mobile home by the Chesnut family member. Second concurs (Tanner). Discussion: Planner Williams - Before you call for a vote can I have a real quick clarification? Can I request that the motion maker in his motion to approve, make the motion to approve with the staff recommended site specific conditions of approval and standard conditions of approval and then go along with his amendment? That way we at least have the conditions into the motion. Smith states yes that is a good point. Smith states he would like to make a motion to approved item CU-ll-02 MOD Conditional Use - Mobile Home - Dale R. Chesnut, to include the specific conditions of approval and the standard conditions and to include the amendment on site condition #1. Second concurs (Tanner). ALL AYE...MOTION CARRIES. B. CU-02-10 - Bar (stand alone without a restaurant) - Bill McCarrel: Bill McCarrel is requesting conditional use approval for a Bar (stand alone without a restaurant). The 0.32-acre site is generally located on the north side of East State Street approximately one hundred-twenty feet (120') east of North Eagle Road at 50 East State Street. Roehling introduces the issues. Bill McCarrel, 1570 N. Snead Ave., Eagle, reviews the requests of the application. Page 3 of7 K:\P&Z\MINUTES\Temporary Minules Work Area\PZ-06-07-10min,doc THE CITY OF EAGLE PLANNING & ZONING COMMISSION AGENDA June 7, 2010 6:00 P.M. Roehling asks commissioners for questions for the applicant. Smith states he wishes to defer questions until staff has made their report. Tanner asks the applicant if there are any conditions in the staff report that he doesn't agree with. McCarrel discusses the current situation with the parking. He discusses negotiations taking place with neighboring business owner and different locations using on street parking. Tanner asks the applicant what the hours of business will be. McCarrel states they will be open from 3:00 p.m. until closing. McCarrel discusses the amount of cars that are parked on the streets at all hours of the day. He states they want to be friendly neighbors with all of the surrounding businesses. He discusses Da Vinci's parking and states there are some businesses that do not have designated parking. General discussion regarding current discussions between the applicant and the neighbors such as Smokey Mountain Pizza. Tanner asks if there is a joint parking agreement. McCarrel states no. Tanner states he has no further questions at this time. General discussion regarding how many attended the: neighborhood meeting and how many signed the sign in sheet. McCarrel states that the building is already connected to City sewer but the well is private. Planner Williams reviews the application and provides a brief history. He displays the site map and discusses why the request made is for a stand alone bar. He discusses the current zoning and bars within Eagle joined with restaurants. He then reviews the current parking situation. There are 18 parking spaces that are associated with this site, located on the property. He discusses city code's parking requirements along with the option for in lieu payment. He states that the business will connect to Eagle Water Company and the applicant has submitted applications for Design Review. General discussion regarding the current parking situation for the Orville Jackson's building, parking agreement requirements, public parking nearby, and the possibility of parking becoming a large issue in the future. General discussion regarding Smokey Mountain Pizza's paid in lieu of and Da Vinci's parking currently. General discussion regarding the City's noise ordinance and how disturbances are regulated. General discussion regarding pool tables, pool tournaments, and live music. Roehling asks ifthere is any existing ordinance that governs pool tournaments and live music. Page 4 of7 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-06-07-1 Omin.doc THE CITY OF EAGLE PLANNING & ZONING COMMISSION AGENDA June 7,2010 6:00 P.M. Planner Williams states there is not. General discussion regarding closing hours for the proposed bar. General discussion regarding ADA requirements being met. They will be addressed during the Design Review process. Roehling asks for public comment. Tom Williams signed in but doesn't wish to speak as he is the architect for the project. Beverly Northrup (no address stated on record) states she owns half of the corner where Smokey Mountain Pizza is located and she was in attendance at the neighborhood meeting for this application. She discusses her concerns with the number of pool tables and the amount of people that would bring, along with the lack of parking places. She understood that there would be approximately 16 tables. McCarrel states from audience that they are proposing 5 pool tables total. Beverly states she is very concerned about the parking. She states that Smokey Mountain Pizza can't afford to share their parking spaces. She states she wishes to have any new business succeed but in Eagle parking is a very big issue. General discussion regarding the parking spaces within the lot as Smokey Mountain Pizza. Roehling states for clarification that the application stated 7 pool tables total. Roehling asks the applicant provide rebuttal. McCarrel rebuts the discussion about the pool tables. He was not aware that the number of pools tables has been stated in the application but there 5 total planned, 2 in the main area and 3 in the back section. The pool tables would be a benefit to the bar as there is not one anywhere throughout Eagle. He states that a lot of the application depends on the parking. If the back room is taken away, 3 pool tables will be removed. He discusses the options of pool tournaments. In regard the comments made about closing time, he states that Idaho Law allows alcohol to be served until 2:00 a.m., and he believes they can be open past 2:00 a.m. as long as no alcohol is served. Roehling asks for any additional remarks from the applicant on the parking issue. McCarrel states that if they have to change their interior plan to make more area storage, lowering their parking requirement they will have to do so, as they do not have the funds to do the in lieu of payment. He doesn't feel the parking agreement with a neighbor is going to be possible. He then discusses the different public parking places and the lower number of vehicles after 6:00 p.m. in downtown Eagle. Smith states he has no further question right now. Page 5 of7 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-06-07-1 Omin.doc THE CITY OF EAGLE PLANNING & ZONING COMMISSION AGENDA June 7, 2010 6:00 P.M. McCarrel states his goal is to make the establishment something that Eagle can be proud of. The flowers are still displayed out front, the windows wiH not be changes except for possibly the borders, and they would like to leave the facing up. Roehling closes the public hearing at 7:00 p.m. and the commissioners begin their deliberation. Smith states that the application is sufficient in terms of making internal changes and things of that nature and maintaining that look that has been there for a long time. His is concerned by the issues with the parking. He states that hopefully it will be resolved if agreements are made. He states that the business hours, audience, and clientele that would be attracted to the establishment would be much like the neighboring businesses and the stand alone bar is interesting. General discussion regarding different parking options. Roehling asks if there is a requirement that the parking agreement be with only properties that are adjacent to the property, of if it can be with a non-adjacent owner. If it can be non-adjacent it would seem that the pedestrian traffic created would be a desirable aspect for other business owners. Planner Williams states that the requirement for the parking agreement is that the properties be within 700 feet of each other, but they do not have to be adjacent. McCarrel makes comments in the background (undecipherable on recording). Roehling asks if during the deliberation he can ask a question in order to sort through parking issue. In regard to the parking agreement options and ordinance, does the agreement have to be for a designated parking facility? Could it be for an unimproved lot? Planner Williams states that it has to be an established parking lot. If an unimproved lot was going to be established a conditional use permit would have to be approved. Roehling asks if taking comments after deliberation effectively re-opened the public hearing. Fitzer states that it was not re-opened because the comment was just a follow-up remark. Tanner moves to recommend approval of application CU-02-10 - Stand alone bar without a restaurant, for applicant Bill McCarrel, with the :site specific conditions of approval and standard conditions of approval as proposed by staff. Seconded by Roehling. Discussion: Smith states he would like to consider amending the motion but needs to ask a question of Planner Williams first. On the business of parking, if we make it a conditional use to seek a written agreement on sharing parking with local businesses up to a radius of 700 feet, would you have a hardship with making that one of the conditions of approval? Planner Williams responds: That would be within the code and that would be permitted. Smith states he is not sure if the applicant was aware of that particular code previously and he wonders if it would make future hearings smoother if those agreements were in hand as opposed to we'll do it some time in the future. Planner Williams - Some times it is nice to have them worked out and in hand but other times you may work through all of it and get the agreements and then the P&Z or Council may deny the application. Smith states he withdraws that for consideration. Tanner states he has a question. With this joint parking agreement, I am assuming, based on them needing an additional 9 parking spaces, that any agreement that they would bring in, at a minimum, would need to Page 6 of7 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-06-07-10min doc THE CITY OF EAGLE PLANNING & ZONING COMMISSION AGENDA June 7, 2010 6:00 P.M. cover at least 9 parking spaces for ajoint agreement? Planner Williams: Yes, if they walked in with a joint parking agreement within 700 feet pursuant to code and they had an agreement ready to go, yes, they would be covered. Roehling calls for a vote on the motion and the second. ALL AYE.. .MOTION CARRIES. 6. NEW BUSINESS: None 7. REPORTS: A. Commission: None B. City Attorney: Attorney Fitzer states he will provide a report on Takings at the next regular meeting. B. Staff: Planner Williams states he has nothing new to report unless there are any questions from the Commission. General discussion regarding the recent Meeting in a Bag. Commission asks that Planner Lowe provide a summary of the Meeting in a Bag meeting, either via e-mail or at the next regular meeting held by the Planning and Zoning Commission. 8. ADJOURNMENT: Roehling moves to adjourn. Seconded by Smith. ALL AYE...MOTION CARRIES. Hearing no further business the Eagle Planning and Zoning Commission meeting adjourned at 7:19 p.m. RESPECTFULLY SUBMITTED: ",...."", "", G I", ..' ~ ~A l_l: I" ,....' 0........... ..... .. ~. A'r. . :: f..... oR Ii' .... ':, :~ ...... .. ~'<. ..: :' CJ: 0 , _~ : - · u . r-8- : : '" V~:C): .'. ~""-. ". .. II' . ~ r" ,.Q. ........... "" .::'''. ~ ..........~. V' :- ", · /;\r ~. ....... " .., ... COR po"'".. ..."'V .... '" ........ c. '" " '" Sl'A TC 0' ,,- "" l..J ",\ I",......", ~~~I<~~ SHARON K. BERGMANN CITY CLERK/TREASURER DON ROEHLING CHAIRMAN A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL. Page 7 of7 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-06-07-10min.doc EAGLE PLANNING & ZONING PUBLIC HEARING SIGN-UP SHEET CU -11-02 MOD — Conditional Use Mobile Home - Dale R. Chesnut June 7,2010 ADDRESS/ NAME TELEPHONE/E-MAIL / a diced ri•?L9-�) LE -5-y , //(GL'L , )112 6)Sh u I % ce as `/ <S -; f �Od C;3 iF 2 2.0 3091 r lyck GIP TESTIFY YES/NO? PRO/CON EAGLE PLANNING & ZONING PUBLIC HEARING SIGN-UP SHEET CU -02-10 — Bar (stand alone without a restaurant) — Bill McCarrel NAME 'KeCouhic \4„.6N\A,itx*) June 7, 2010 ADDRESS/ TESTIFY TELEPHONE/E-MAIL YES/NO? PRO/CON 1---/c) SYke&‘ P.&(Plf-k 12b%. Ye‘ 'Orc2_ Pry.