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Minutes - 1997 - Planning & Zoning - 03/03/1997 - Regular OR\G\NAL EAGLE PLANNING AND ZONING MEETING MINUTES MARCH 3, 1997 The Eagle Planning and Zoning Commission met in regular session on March 3, 1997. Vice-Chairman Brinton presiding. The following members were present: DONALD BRINTON, RUSSEL MAYER, FARRIN FARNWORTH. ABSENT: COLLEEN MAILE and BERT BRADLEY. REQUEST FOR APPROVAL: Brinton: We did not receive copies of the minutes in our packets so these items need to be continued to our next meeting. Farnworth: I move that the approval of the February 18, 1997 and February 24, 1997 minutes be continued to our next regularly scheduled meeting. Seconded by Mayer. ALL AYE: MOTION CARRIED. OLD BUSINESS: A. DR-21-96 Drive- Thru Restaurant-Loy Taylor: McDonald's is requesting design review approval for a fast fool restaurant with a drive-thru. The site is located at 434 S. Eagle Rd., near the northeast corner of Eagle Road and the Eagle Alternate Route. Butler: You may want to combine all these items together. Brinton: We will take a look at all of them at this time. DR-21-96, RZ-5-96 and CU-12-96. Butler: You have a Development Agreement before you. I received this on February 27, 1997. It does not seem to be what the Commission has asked for. I would ask that several items should be deleted. Don Knickrehm, 1403 Mace Road, Eagle. I am here representing McDonald's and Albertson's. I have a very strong feel that Mr. Butler is taking an adversary position in this matter. There have been several things that have happened that make me feel that way. I thought I was supposed to deliver a complete document. I don't know what Mr. Butler wants. I am prepared to go through the document with you tonight. I was agitated this afternoon at 4:30 when I received a letter from Mr. Butler suggesting that this was an illegal lot split and that he was going to recommend denial and that PzO30397 everything be tabled until this gets cleared up. Why didn't I get a phone call. I met with Mr. Butler on September 25 and I specifically covered this issue. I explained to Mr. Butler what was going on and showed him a development plan. This is not an illegal lot split. If we need to file a subdivision plat we will do it. All we need to do is a lot line adjustment. General discussion. Legal Counsel's input on the lot line adjustment and/or one time split and subdivision. General discussion. Farnworth questions Staff on what the area should look like as the entrance to the City. General discussion. Mark displays an overhead of what the entrance to the City on Eagle Road would look like with the developments in place. General discussion. Bill Selvage, 1992 Springfield, Boise, I worked on the Downtown Plan. Farnworth expressed his concerns on the entrance to the City on Eagle Road. Bill explains the ideas that the Downtown Committee had. General discussion. Legal Counsel advises the Commissioners on how to proceed in approving each of the items before them. Do not make a decision on anyone applicant until you have heard all of the applications before you. General discussion. Don Nickram. In my view you properly have before you three items, the Design Review, the Rezone and the Conditional Use. I think the Commission has the authority to approve the Design Review and send the Rezone and Conditional Use up to the Council for their approval. You have the authority to apply the Design Review Ordinance. Last week you approved Edge Development with a Burger King up front which is an identical design as McDonald's. We should have the same standards applied to us as Edge Development. General discussion. General discussion between the Commissioners. Commissioners agree that they have not had time to review the Development Agreement. Farnworth: I move that we continue the DR-21-96 Drive Thru Restaurant, the RZ-5- 96 A to C-2, the Cu-12-96 Drive-Thru Restaurant to March 17, 1997. Seconded by Brinton. TWO AYES: MAYER DID NOT VOTE. CONTINUED PUBLIC HEARINGS: A. RZ-5-96 A to C-2 Loy Taylor: McDonald's is requesting a rezone from A (agricultural) to C-2 (general business district). The applicant is proposing to construct a McDonald's fast food restaurant with a drive-thru. The site is located at 434 S. Eagle Road., near the northeast corner of Eagle Road and the Eagle Alternate Route. Continued to March 17, 1997 PzO30397 2 B. CU-12-96 Drive-Thru Restaurant Loy Taylor: McDonald's is requesting conditional use approval for a drive-thru restaurant. The applicant is proposing to construct a McDonald's fast food restaurant with a drive-thru. The site is located at 434 S. Eagle Road, near the northeast corner of Eagle Road and the Eagle Alternate Route. Continued to March 17, 1997. PUBLIC HEARING: A. V-1-97 Variance of 20% minimum lot coverage requirement Loy Taylor: Loy Taylor with McDonald's Corp. is requesting a variance to allow a reduction in the minimum 20% required lot coverage for a proposed McDonald's fast food restaurant with a drive-thru. The site is located at 434 S. Eagle Road, near the northeast corner of Eagle Road and the Eagle Alternate Route. MAYER: I move that we continue V-1-97 Variance of 20% minimum lot coverage requirement to March 17, 1997. Seconded by Farnworth. ALL AYE: MOTION CARRIED. B. ZOA-1-97 Zoning Ordinance Amendment-City of Eagle. To consider ordinance amendments to provide for the regulation of location, structure, design and other matters related to telecommunication towers and related facilities, such as ham radio antennas, within the City of Eagle. Butler: Overview of Staff Report. General discussion. David Wiltsee, Western PCS. Discusses the proposed ordinance and his views in relation thereto. General discussion on ordinance. Commissioners agree that they need more time to look at this. Farnworth: I move that we move ZOA-1-97 Zoning Ordinance Amendment to our March 17, 1997, meeting. Seconded by Mayer. ALL AYE: MOTION CARRIED. General discussion. NEW BUSINESS: A. DR-2-97 New Building for Musick's Auction-Randy Robbins: Rick and Nita Musick, represented by Randy Robbins with Wright Brothers, are requesting review approval for a new 6,250 square foot building to be used as a combination office/warehouse and auction business. The site is located approximately 510 feet west of Edgewood Lane at 1445 E. State Street. PzO30397 3 Butler provides the Commissioners approved elevations. Joe Rausch, 825 E. State Street, Eagle. I am presenting the Musick & Son Auctions new warehouse facility. Provides Commissioners some background information. Design Review unanimously approved this application. Displays a site plan. General discussion. Item #3F, the owner has some concerns about this item. General discussion. Farnworth would like some landscaping along the drain ditch if development occurs behind this property. General discussion. Rick Musick, 1445 E. State Street, Eagle. We have allocated for that. On the East side we are right on the ditch bank and the West side there is a little area. I think we have already done that. General discussion. Butler: Staff recommends approval with Design Review recommendations. General discussion. Rick Musick discusses the landscaping in the front of the property. I am a retail business and a screened fence would be devastating to my business. We have a berm in the front. General discussion on parking. Nita Musick. Agreement with owners of the Rock Art property to use their property for parking. Discussion among the Commissioners. Mayer: I move that we approveDR-2-97 with Design Review requirements except for the screening on the sides and the front, just on the rear, with the elevation received 3/3/97. Seconded by Farnworth. ALL AYE: MOTION CARRIES..... B. DR-1-97 New Building for Eagle Academy-Wayne Thowless: Meridian School District No.2, represented by Wayne Thowless with Leatham & Krohn architects, is requesting design review approval for a new, permanent 10,080 square foot multi-use school building. The building will be located between the existing "relocatable" classrooms and will comprise the second phase of the project. The site is located on the north side of State Street approximately 1/4 mile west of Edgewood Lane at 100 S. Academy Ave. Wayne Thowless, Leatham & Krohn Architects, 1735 Federal Way, Boise. I represent Meridian School District No.2. You have seen this project before. This building is the first phase from the relocatable buildings to permanent structures. Explains the type of building. Displays the site plan and discusses same. No problems with the supplemental conditions of Design Review. General discussion. Butler: I would recommend approval with the Design Review Committee recommendations. General discussion. Farnworth: I move that we approve the DR-1-97 New Building for Eagle Academy with the Design Review and Staff recommendations as shown on the modified recommendation with the extra landscaping. Seconded by Mayer. ALL AYE: MOTION CARRIED. PzO30397 4 C. Findings of Fact for rezone application by Edge Development for a rezone from R-5 (residential 5 units per acre maximum) to C-2 (general business district) (RZ-1-97): The Zoning Administrator is requesting Commission approval of the Findings of Fact for the rezone application submitted by Edge Development. The 4.4 acre site is located on the east side of Eagle Road approximately 600 feet south of State Street at 174 S. Eagle Road (temp. address). Farnworth: I move that we approve the Findings of Fact and Conclusions of Law RZ-1-97 also Findings of Fact and Conclusions of Law CU-1-97 & CU-2-97 as presented. Seconded by Mayer. ALL AYE: MOTION CARRIED. D. Findings of Fact for conditional use applications by Edge Development for a drive-thru restaurant and a shopping center (CU-1-97) & (CU-2-97): The Zoning Administrator is requesting Commission approval of the Findings of Fact for the conditional use application submitted by Edge Development. The 4.4 acre site is located approximately 600 feet south of State St. at 174 S. Eagle Rd (temp. address). See above for approval. ZONING ADMINISTRATOR'S REPORT: Reported on the last Council meeting. Will get the Commissioners a copy of the Council's TIP recommendation letter. General discussion. General discussion on changing the Comp Plan and annexation. MOVED BY MAYER AND SECONDED BY FARNWORTH TO ADJOURN. ALL AYE: MOTION CARRIED -'SHAR N K. SMITH EAGLE CITY CLERK " ,IU"'"" ~""" 0 F EÆ """ ~,~~ ..,..... C; "" !'It ,'" .. . "'(þ' RESPECTFULLY SUBMITTEf v .... 1-~ 0 R4 ;..e- '\ 1 .. : 0 ~ II ... . : : -.- ~....,:: '. ..}\ . . 'SEAL ~-;¡ § ~.,. ~ e 'Þ. ...ca<:;J...~" ~ ~ e. ORK\ ,..~ &' ~ ##, :A e....t;e ""'-"""~ #, ~~',...., ..<'\1.7 " ""; .c-..OF ~~""", ~""'U..I' A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CI PzO30397 5