Minutes - 2012 - Planning & Zoning - 01/17/2012 - Special THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
January 17. 2012
Special Meeting Minutes
1. CALL TO ORDER: Meeting called to order at
2. ROLL CALL: Present: TANNER, ROEHLING, AIZPITARTE, VILLEGAS. Absent:
SMITH. A quorum is present.
Chairman Villegas requests clarification on the order of the agenda. Sr. Deputy Clerk Osborn provides
information regarding the purpose of a consent agenda vs. new business and the placement of minutes for
approval on the agenda.
Chairman Villegas asks that the new business item 5A approval of minutes be acted on at this time.
5. NEW BUSINESS:
A. Minutes of January 3,2012
Aizpitarte moves to approve the minutes of January 3, 2012 as presented. Seconded by Roehling.
THREE AYE; ONE ABSTAIN (TANNER)...MOTION CARRRIES. Tanner did not remain for the
entire meeting of January 3rd and chooses to abstain.
3. UNFINISHED BUSINESS: NONE
4. PUBLIC HEARINGS:
Roehling moves to hear item 4C prior to items 5A & B. Seconded by Aizpitarte. ALL
AYE...MOTION CARRIES.
4C. A-01-11/RZ-02-11 Annexation and Rezone From RUT (Rural — Urban Transition — Ada
County designation) to R-E-DA (Residential— Estates with a Development Agreement)-David and
Linda Wilhite: David and Linda Wilhite, represented by Shawn Nickel with SLN Planning, are
requesting approval of an annexation and rezone from RUT (Rural—Urban Transition-Ada County
Designation)to R-E-DA (Residential-Estates-one unit per two acres with a development agreement). The
10-acre site is located 360-feet south of Beacon Light Road and 800-feet east of Ballantyne Lane at 1655
West Beacon Light Road.
Chairman Villegas introduces the item.
Shawn Nickel 1589 N. Estancia Place Eagle, Idaho representing the Wilhite's. Mr. Nickel reviews the
application. The applicant has problem with the recommended conditions of approval.
City Attorney Buxton requests clarification of the easement between the Wilhite property and the
Johnson's property. Mr. Nickel indicates that the Johnson's property has recently sold and confirms that
notice of this hearing was provided to the new owners.
David Wilhite 1655 W. Beacon Light Road provides clarification regarding the above mentioned
easement.
City Planner, Mike Williams reviews the application.
Chairman Villegas opens the public hearing.
No one chooses to speak.
Chairman Villegas closes the public hearing.
Discussion amongst the Commission.
Roehling moves to recommend approval of A-01-11/RZ-02-11 Annexation and Rezone From RUT
(Rural — Urban Transition — Ada County designation) to R-E-DA (Residential — Estates with a
Page 1 of 4
K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-01-17-12spmin.doc
Development Agreement)-David and Linda Wilhite with the site specific and standard conditions
of approval . Seconded by Tanner. ALL AYE...MOTION CARRIES.
4A. ZOA-03-11 — Zoning Ordinance Amendment — Ordinance 665: An ordinance of the City Of
Eagle, Ada County Idaho, repealing Title 8 "Zoning", Chapter 2 "Zoning Districts and Map", Article A
"Design Review Overlay District", Section 8 "Sign Regulations"; and enacting a new Section 8 "Sign
Regulations"; providing a severability clause; and providing an effective date. The proposed ordinance
amendment repeals the existing sign code and provides new criteria for business signage approval within
the City. This item was continued from the January 3, 2012 meeting. The public hearing remains
open.
Chairman Villegas introduces the item.
Zoning Administrator Bill Vaughan reviews the changes the Commissions requested at the last meeting.
Discussion amongst Zoning Administrator Vaughan, Commissioners, Mark Butler and Susan Buxton
regarding proposed language.
Villegas opens the public hearing.
Villegas closes the public hearing.
Zoning Administrator Vaughan reviews the changes discussed tonight by the Commission. The two
items that the Commission discussed changing tonight are both located on page 16 under Item #17 —
Signs on City owned property, it reads (with the Commission requested changes)No person shall erect a
sign upon any property owned or controlled by the City without first having procured prior written
permission from the City. Before any permit shall be granted for the erection and maintenance of a sign
upon property of the City, a sign approval application shall be required with any additional information
which the Zoning Administrator shall deem necessary to carry out the purpose and intent of this article.
In the event the permit does not specify a term, the permit shall expire 12 months from the date of
issuance. Item B: In the event that any sign is erected or maintained in violation of the provisions of this
subsection the City may direct the removal of such sign. In the event the Permitee deemed such removal
be without cause,they may within 30 days of such removal make written appeal to the City Council. The
findings of the City Council after notice to the Permitee and due hearing shall be final. Under Item E:
Violations and Penalties for Non-Complying Signs: In addition to or in lieu of the removal of non-
complying signs by the City as permitted by this article, the Sheriff, Deputy Sheriff or Zoning Officer
sworn as a limited purpose Deputy may issue to the known owner of such sign an infraction citation,
which shall be an infraction. The rest of this paragraph remains unchanged. On page 10, under 9V: Any
sign in violation of Local, State or Federal law over which the City exercises jurisdiction. Adding item
W: Any sign whose permit or approval has expired. Page 4—The correction of a type-o.
Aizpitarte moves to recommend for approval with the recommended changes as stated by Zoning
Administrator Vaughan. Seconded by Roehling. Discussion. Roehling wants to ensure safe passage
of pedestrian in the downtown area is a primary consideration and he thinks language now in this
proposal address this issue. Second issue is the potential for congestion of off premises directional signs
at key intersections in the downtown area. Council is aware of this issue with this discussion and can
chose to act in the future if it does become a problem. Villegas do we want to make that part of the
recommendation, that besides sending this up for approval that we also recommend to Council that they
consider/discuss this cooperative sign plan. Aizpitarte amends his motion to include Chairman
Villegas's comment. Second concurs. ALL AYE...MOTION CARRIES.
4B. ZOA-04-11 — Zoning Ordinance Amendment — Ordinance 667: An ordinance of the City Of
Eagle, Ada County Idaho, amending Title 2 "Boards and Commissions", Chapter 2 "Design Review
Board", Sections 1, 2, 3, 4; and amending Title 8 "Zoning", Chapter 2 "Zoning Districts and Map",
Article A "Design Review Overlay District", Sections 3, 9, 13, 16; and amending Chapter 5
"Nonconforming Uses", Section 2; providing a severability clause; and providing an effective date.
The proposed ordinance amendment clarifies the duties and authorities of the Design Review Board and
Page 2 of 4
K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-01-17-12spmin.doc
Zoning Administrator, provides for administrative level design review applications and includes
additional provisions for Board level applications. The ordinance amendment also changes design review
application, modification application, and appeal application processing requirements and provides new
criteria for changes to nonconforming uses. This item was continued from the January 3, 2012 meeting.
The public hearing remains open.
Chairman Villegas introduces the item.
Zoning Administrator Vaughan reviews the changes requested by the Commission at the previous
meeting.
Discussion between Vaughan,the Commission and City Attorney Buxton.
Discussion regarding Roberts Rules of Order. Suggested language would be:...and shall adopt public
meeting and public hearing procedures pursuant to law. City Attorney Buxton is requesting the section
regarding non-conforming use be removed from the proposed language so that Legal Counsel can spend
more time fine tuning this section.
Villegas opens the public hearing.
Mark L. Butler states that he does encourage the removal of the non-conforming use from this proposed
ordinance.
Villegas closes the public hearing.
Discussion amongst the Commission.
Aizpitarte to recommend for approval ZOA-04-11 — Zoning Ordinance Amendment — Ordinance
667 with the following changes in the 2"d Whereas to read: the Mayor and Council have
determined that good causes exists for amending the Eagle City Code to reflect the changing needs
of the community and; strike due to the economic downturn. On number 3223 the Board shall
designate a chairman from its membership and shall conduct the meetings and defer to Susan
Buxton for the language: ...and shall adopt public meeting procedures pursuant to law. Striking
as outlined in subsection 1A and 3A and E of this code and shall conduct meetings under Roberts
Rules of Order. 8-2A-3 shall remain the same. Severe 8-5-2 Authority to continue non-conforming
use and remand it back to staff. Seconded by Tanner. Discussion. ALL AYE...MOTION
CARRIES.
4C. A-01-11/RZ-02-11 Annexation and Rezone From RUT (Rural — Urban Transition — Ada
County designation) to R-E-DA (Residential—Estates with a Development Agreement)-David and
Linda Wilhite: David and Linda Wilhite, represented by Shawn Nickel with SLN Planning, are
requesting approval of an annexation and rezone from RUT (Rural—Urban Transition-Ada County
Designation)to R-E-DA (Residential-Estates-one unit per two acres with a development agreement). The
10-acre site is located 360-feet south of Beacon Light Road and 800-feet east of Ballantyne Lane at 1655
West Beacon Light Road.
Chairman Villegas introduces the item.
Moved ahead on the agenda.
5. NEW BUSINESS:
A. Minutes of January 3,2012
Item moved to earlier in the agenda.
7. REPORTS:
A. Commission: None
B. City Attorney:
C. Staff
Page 3 of 4
K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-01-17-12spmin.doc
8. ADJOURNMENT:
Tanner moves to adjourn. Seconded by Roehling. ALL AYE...MOTION CARRIES. ...
Hearing no further business, the Commission meeting adjourned at 7:55 p.m.
RESPECTFULLY SUBMITTED:
.%.• of ... GL '•.,•
�
• L 0RA t�;
.
. • e
SHARON K. BERGMANN = • •' •
CITY CLERK/TREASURER •
• s\;f\L o
•
mw
4 P`
APPROVED:
VICTOR VILL
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON
REQUEST.
Page 4 of 4
K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-01-17-12spmin.doc
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
January 17, 2012
SUBJECT: A-01-11/RZ-02-11 Annexation and Rezone From RUT (Rural — Urban
Transition — Ada County designation) to R -E -DA (Residential — Estates
with a Development AEreement)-David and Linda Wilhite:
NAME
A /
ADDRESS/ TESTIFY
TELEPHONE/E-MAIL YES/NO? PRO/CON
S' v `'s w< .
C^ c'� �� / /
1
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
January 17, 2012
SUBJECT: ZOA-03-11 — Zoning Ordinance Amendment — Ordinance 665:
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
1
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
January 17, 2012
SUBJECT: ZOA-04-11 — Zoning Ordinance Amendment — Ordinance 667:
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
1