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Minutes - 1996 - Planning & Zoning - 12/30/1996 - Special EAGLE PLANNING AND ZONING MEETING MINUTES DECEMBER 30, 1996 a Ian ¡¡Commission met for a Special Meeting on December 30, 1996. Vice-Chairman Brinton presiding. The following members were present: DONALD BRINTON, RUSSEL MAYER, COLLEEN MAILE, FARRIN FARNWORTH. ABSENT: BERT BRADLEY WORKSHOP: A. DISCUSSION OF CELLULAR/DIGITAL MONOPOLES WITHIN THE EAGLE CITY LIMITS AND EAGLE AREA OF IMPACT. VICE-CHAIRMAN BRINTON: Any changes to the Agenda? If not, this meeting was originally set up for a workshop for us to take a look and work with both applicants of the cellular telephone sites that are coming into town. We had one, I believe it was Boise City Cellular and the other one was Western PCS. AT&T which is represented by Boise City Cellular is unable to make it to the meeting tonight so I would accept a Motion to continue this to our January 13th Special Meeting. MAILE: SO MOVED AND SECONDED BY MAYER BRINTON: IT HAS BEEN MOVED AND SECONDED THAT WE MOVE OUR WORKSHOP WHICH WOULD TAKE INTO CONSIDERATION ITEMS A. CONDITIONAL USE PERMIT OF BOISE CITY CELLULAR PARTNERSHIP AND ITEM B. CONDITIONAL USE PERMIT FOR WESTERN PCS II CORP. AND MOVE THAT WORKSHOP TO THE 13TH OF JANUARY, STARTING AT 6:00 P.M. ALL AYE: MOTION CARRIED OLD BUSINESS: A. CONDITIONAL USE (CU-8-96) Boise City Cellular Partnership is proposing to construct and operate a cellular transmission site with a 120 foot monopole, one 288 square foot single story 12'x24' support building, a new asphalt/concrete driveway; and, an 8' high fence around a 50'x50' site located at 1341 E. State Street. The tower is proposed to be approximately 400' south of State Street and 1/4 mile west of Edgewood Road at the southwest corner of the Container Supply Company parcel. H, \P&Z\MEETINGS\PLAN- ZON\MlNUTES\1996\PZ123096 . MIN 1 II Corp., represented by obt high cellular monøpole B. CONDITIONAL USE (CU-10-96) Wester David Wiltsee, is requesting conditional use approval for t 8785 Horseshoe Bend Road. The site is located on the west side of Horseshoe oad approximately 1/4 mile north of State Street. C. 1-96) The Land Group, represented by David Koga, is estinÎa,~ezo ro -:51ii(x:e:¡;dential 5 units per acre maximum) to c-1 (neighborhood business district). Approval of a Design Review will be required prior to site modifications, (which are proposed to change the residential use to office use). The 0.35 acre site is located at 128 S. Eagle Rd. On the southeast corner of Eagle Rd. and Aikens Rd. NOTE: The applicant has submitted a Development Agreement as requested by the Planning and Zoning Commission on December 16, 1996. BRINTON: Item #C. Rezone (RZ-4-96) The Land Group. This was a continuation for a Development Agreement, I believe that Development Agreement is before us tonight. BUTLER: On December 16 you asked the Applicant to bring a Development Agreement back before this Commission for their recommendation, they have done that. They have brought the Development Agreement to me. I've gone through it and have made some recommendations for minor modifications. The items that are shaded I would recommend those items be placed in the Development Agreement and the items that are struck through, I would recommend that those items be removed from the Development Agreement. It appears that the applicant met the requirements as far as my recollection goes as to what the Commission wanted to see in the Development Agreement. Those requirements would be addressed on Page 2 of 7, Conditions of Development. The Applicant is here to answer any questions you might have. BRINTON: To the Applicant. Have you had a chance to review the modified Development Agreement and do you have any problems with the modifications that are being proposed by Staff? Dave Koga The Land Group 82 E. State Street Eagle, Idaho No. BRINTON: Are there any questions from the Commissioners in conjunction with the Development Agreement of either Staff or update? FARNWORTH: I have a question on Page 2 of 7, whêj~e;itsays that you are going to comply with anything required by the City Design R That,is 2,,1. You are in agreement with that in case they want to change your e ~~igr!dpwn there? H, \Pr,Z\MEETINGS\PLAN_ZON\MINUTES\1996\PZ123 096, MIN 2 are lling to follow with the Design Review Ordinance. We have week. The Staff has not been able to put together their t. FARNWORTH: I understand that this property will always be an office. This is going to be recorded with Ada County and so this would be the only thing that property can come up with forever unless what happens? BUTLER: You will notice 2.2.2. The property will be used for purposes outlined in LO(Limited Office Zoning). This does not necessarily limit this to office use only. We might want to add another item that says "shall be limited specifically to professional office use". The way that would get modified is through a public hearing process. This Development Agreement would have to go back through a public hearing process if someone wanted to modify the Development Agreement. If they wanted something that is more intensive than the Development Agreement and the La zoning designation, then they would need a rezone. Is there a specific that says it will be used solely as a professional office? APPLICANT: No. It is just basically setup as an LO. We are not complying with the C-1 we are complying with the LO. MAILE: If memory serves me, banks are allowed in the LO. BRINTON: I thought we had something in here that you had agreed or would agree that the building itself would not be changed. Is that in here. APPLICANT: That is 2.2.4. MAILE: I have a question on 2.2.4. When we say the character and integrity of the existing buildings shall be retained. What does that mean. Perhaps we need to be more specific by perhaps saying it will remain a one story structure or I don't know. I would just like to hear the Commissions' feelings on that or hear from the Applicant. APPLICANT: We want to keep it as a residential. What we mean by the character and integrity means that is a residential character. MAILE: So it will retain a residential character, the building itself. Maybe we want to put that in there so we know. MAYER: My memory is that we said this could only be We were going to make sure it said that. office.and not a bank. H, \P&Z\MBBTINGS\PLAN_ZON\MlNUTBS\1996\PZ123096 ,MIN 3 B: That is correct, I missed that. That is my memory. You wanted that to be dsolely for a professional office. Unless this was modified in a public hearing ICANT: tricting a lot of things that could have happened in a C-1. There are a lot of restrictions that are set in the Design Review and other factors that will even restrict us even more so. Basically we couldn't put a bank in there just because there is not enough space, there is not enough area for parking and things like that. Without putting that in here, there are only so many things that can be done there anyway. BRINTON: If that is of concern to the Commission I think that Paragraph 2.2.2. could be modified to read the property will be used for the purpose of a professional office building under the Limited Office Zoning. If that is something that is critical and that you would prefer to have in there. That really says what you are thinking. APPLICANT: We are using that for an office but in the future if we wanted to move it would be more difficult for us to sell that. It limits our options in the future. FARNWORTH: I have to agree. We have to take these parcels one at a time. As we start to develop the are it is going to look different. It won't look like houses anymore. If he wants to sell the property and somebody comes in and wants to develop more, we were willing one time to give the Albertsons the whole thing. MAILE: The neat thing about this system is that nothing is ever cast in concrete. We don't know how the area is going to change. It is a bit of an inconvenience, but it is a safeguard to be somewhat restrictive now, say exactly what you are going to do, go into the Development Agreement and if you want to do something in the future come in and ask for something to change to suit those circumstances. That is available in two forms. It is available in terms of this Development Agreement can be altered through a Public Hearing process and that protects the neighbors and it is also available through a rezoning process if they should want to come in and ask for a C-1. BUTLER: As a matter of something for thought. It sounds like part of the Commission is talking about maybe limiting this to specifically an office use. You don't really want to say only an office, you might want to say anything allowed in the LO Zone except for those things that the Commission might think are a concern. In other words except for a bank, a restaurant, convenience store and gas station. Just as a suggestion. I don't know what the applicant would think about that. APPLICANT: I was thinking of that direction also. There is no way you can put a C-Store, a bank or anything like that. But for example there CoUlaYDß be a little book store or there could be a boutique or something like that. Whic uIØf~al'y enhanc.e the City. H, \P&Z\MBBTINGS\PLAN_ZON\MINUTBS\1996\PZI23096 , MIN 4 WPRTH: Maybe we want to mention what we don't want to go in there. I think that bea better way to go. e e book there Colleen, do you want to go down through the ;e we will say yea or nay and go from there. MAILE: Home occupation -Nay, Bank-Yea, Church-Yea, Club or Lodge-Yea, Government building or office-Nay, Laboratory, medical, dental or optical-Nay, Nursery, flowers & plants-Nay, Office-Nay, Photographic studio-Nay, Reducing Salon-Nay, Restaurant-Yea, (Discussion on Restaurants) Storage, Enclosed Storage Buildings-Yea. BRINTON: So what we need to do is modify that to indicate no banks, no restaurants and no enclosed storage. What we would do is modify that indicating that would be our recommendation, it has to go to City Council. They are going to have the leeway to change it. MAILE: I move that we accept the Development Agreement as presented regarding Rezone RZ-4-96 , the Development Agreement as written with the following exceptions: that on page 3 of 7, 2.2.2, the statement be modified to say the property will be used for purposes outlined in LO (Limited Office) Zoning excluding restaurants, banks, enclosed storage buildings and also on the same page, 2.2.4, that to be modified to read the character and integrity of the existing building shall be retained and any additions, alterations, remodels and improvements to this building shall retain the current residential character and integrity and Seconded by FARNWORTH. BUTLER: Point of Clarification. Your recommendation did not include the exclusion of churches, club houses and lodges and I thought you wanted to exclude those. MAILE: Let me amend that to include the exclusion of churches, club houses and lodges and Second agrees. ALL AYE: MOTION CARRIED DISCUSSION MAILE: I move that we modify said Development Agreement, first Paragraph to read: by and through its Mayor, and E.R.M., L.L.C., an Idaho L.L.C. (Owner) and second MAYER. ALL AYE: MOTION CARRIED PUBLIC HEARINGS: NONE H, \P&Z\MBBTINGS\PLAN_ZON\MlNUTES\1996\PZ123096 ,MIN 5 NEW..Q.U.SINESS: NONE w.tfQ..,bave pizza at the workshop. Yes. BRINTON: I would particularly like comments on the Ordinance 283 and the changes thereto. BUTLER: The Council recommended approval of P&Z Commissions' recommendations with a few minor changes. They moved some of the language around. They added that metal siding shall have a silicone polyester finish or equivalent. They added the requirement that said "shall have a concealed fastener system". They did cut out the portion that said "as shown on Exhibit A-1 of Ordinance 276 as approved by Eagle City Council on September 3, 1996, they included the entry area. You will see something on the next agenda where one of the Council is proposing to extend that entry area. DISCUSSION BUTLER: The Boise City Transmittal, they put that on the Consent Agenda and approved it with Planning and Zoning and Staff recommendations for denial. DISCUSSION MOVED BY FARNWORTH AND SECONDED BY MAILE TO ADJOURN. ALL AYE: MOTION CARRIED RESPECTF "",<.',1 .' .~" ,.' . , , i/>, .. "..'~' . "" ., ; i u ¿9'," - .¡..... 11, '; ,.... (,3" U 0:. .."4"'),;,.!';",,,,"""" .: -:. .~('ð' ,f'-'d' /' $ ~ "i'~~..,'A'"",,,'~:;'X ';,' ,'" ... ~ ...~ ~, ..,'"",:',i.~. '" -~;-.r... v, fi~~-"':"",,~ ~'~~~~ ~.-- D. KOREY LOWDER EAGLE CITY CLERK A TRANSCRIBABLE RECORD OF THIS MEETING IS'lRVAILABLE AT CITY HALL H, \P&Z\MBBTINGS\PLAN_ZON\MlNUTES\1996\PZ123096 ,MIN 6