Minutes - 1997 - Planning & Zoning - 03/17/1997 - Regular
ORIGINAL
EAGLE PLANNING AND ZONING MEETING MINUTES
MARCH 17,1997
The Eagle Planning and Zoning Commission met in regular session on March 17,
1997. Chairman Bradley presiding.
The following members were present: BERT BRADLEY, DONALD BRINTON, RUSSEL
MAYER, COLLEEN MAILE, FARRIN FARNWORTH.
REQUEST FOR APPROVAL:
Moved by Farnworth and Seconded by Brinton to approve the minutes of the
February 18,1997, as corrected, and Moved by Brinton and Seconded by Maile to
approve the minutes of the February 24, 1997, meeting as presented. ALL AYE:
MOTION CARRIED.
Bradley feels that all agenda items relating to the Comp Plan should be continued as
there are more matters that will be presented. Brinton thinks that the Commission
should consider the applications that have been presented. Legal Counsel feels that
the Commission should stick with the agenda or make a motion to move the item up so
the Commission may discuss it at this time.
Maile moves that Items 6A and 6B be moved up.
Discussion. ALL AYE: MOTION CARRIES.
Seconded by Farnwoth.
PUBLIC HEARINGS:
A. CPA-1-97 Comprehensive Plan Amendment: Mark Guho is requesting a
Comprehensive Plan Amendment from medium density residential (4 or fewer units per
acre) to commercial. The site is located on the northeast corner of Cobblestone Lane
and State Street approximately 1/4 mile west of Eagle Road. The address of the site is
450 W. State Street.
B. RZ-2-97 Rezone from R-5 to C-2 and L-O-Mark Guho: Mark Guho is requesting
a rezone from R-5 (residential) to C-2 (general business district) and L-O (limited office
district). The property is approximately 430 feet deep. The front 260 feet of the site
that fronts State St. is proposed to be rezoned to C-2 with the remainder of the property
to be rezoned to L-O. The site is located on the northeast corner of Cobblestone Lane
and State Street approximately 1/4 mile west of Eagle Road. The address of the site is
450 W. State Street.
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Discussion between Commissioners to continue these items to the next regularly
scheduled meeting, April 14, 1997.
Bradley moves that this item be postponed until the next meeting. Seconded by
Brinton. THREE AYE: TWO NAY. MOTION CARRIES......... Postponed to April 14,
1997.
OLD BUSINESS:
A. DR-21-96 Drive Thru Restaurant-Loy Taylor: McDonald's is requesting Design
Review approval for a fast food restaurant with a drive-thru. The site is located at 434
S. Eagle Rd., near the northeast corner of Eagle Rd. and Eagle Alternate Route.
Bradley introduces the issue. Phil Barber, representing Albertson's, reviews the events
from the last Planning and Zoning meeting. Discussion between Commissioners, Butler
and Barber.
Mayer moves that the Commission consider all the items on the McDonald's
restaurant at once. Seconded by Brinton. Discussion. Legal Counsel states that
the Public Hearing needs to be heard on the Variance. Brinton, for the record the
public hearing portion has been closed except for the variance. Mayer withdraws
his motion second concurs.
Mayer moves that the Commission consider the V-1-97 variance first, as a stand
alone item. Seconded by Maile. ALL AYE: MOTION CARRIES......
PUBLIC HEARINGS:
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 Rd., near the northeast corner of Eagle Rd.
And the Eagle Alternate Route.
Bradley introduces the issues. Phil Barber, Representing McDonald's Corp. Provides
counsel with an overview. General discussion.
Loy Taylor, representing McDonald's Corp., displays landscape plan, and a drawing of
the proposed restaurant and provides information on same. Taylor provides information
in regards to the variance issue. General discussion. Barber provides information on
the Variance and the project.
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Butler provides an overview of the Staff Report and provides an overlay and information
in regards to the CEDA, TDA, and DDA. General discussion.
Glida Bothwell, 642 Steepleview Drive, Eagle, Reviews the Landscape Plan of
McDonald's. Her concern is the 20% lot coverage and pedestrian friendly areas.
General discussion.
Barber reads the Code in regards to Variance and discusses same. Responds to the
public testimony. General discussion. Loy Taylor discusses the proposed kid's play
area.
Bradley closes the Public Hearing on the Variance. Discussion by Commissioners.
Brinton reads the definition of a variance and the application and standards of a
variance from the Eagle City Code. General discussion.
Maile I move to deny Variance V-1-97 McDonald's Corp. to allow reduction in the
minimum 20% required lot coverage for proposed McDonald's fast food
restaurant with a drive-thru near the northeast corner of Eagle Road and the
Alternate Route. Seconded by Farnworth. THREE AYE: TWO NAY: MOTION
CARRIES.......
Mayer would like to know if it is the time to decide if the Design Review is an ordinance
or a guideline. Legal Counsel responds that the Design Review is an Ordinance.
General discussion.
5 minute recess
Bradley calls the meeting back to order.
Bradley inquires of the Commissioners if they want to handle the other items at one
time or separately. General discussion.
Farnworth moves that the Commission hear items DR-21-96, RZ-5-96, and CU-12-
96 together. Seconded by Brinton. ALL AYE: MOTION CARRIES........
DR-21-96 Drive Thru Restaurant-Loy Taylor: McDonald's is requesting Design
Review approval for a fast food restaurant with a drive-thru. The site is located at 434
S. Eagle Rd., near the northeast corner of Eagle Rd. and Eagle Alternate Route.
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 construction a
McDonald's fast food restaurant with a drive-thru. The site is located at 434 S. Eagle
Rd., near the northeast corner of Eagle Rd. and the Eagle Alternate Route.
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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
Rd., near the northeast corner of Eagle Rd. and the Eagle Alternate Route.
Discussion of the project and a Development Agreement by the Commissioners. Butler
discusses the Development Agreement. General discussion.
Maile moves denial of the CU-12-96 for Drive Thru restaurant by McDonald's to be
located at 434 S. Eagle Rd. near the north east corner of Eagle Rd. and the Eagle
Alternate Route, I also move to approve the DR-21-96 and the RZ-5-96 with the
Development Agreement tied to the rezone and will remove the site specific
conditions of the Scot pines being allowed to grow and flourish and contribute to
the community., Seconded by Brinton, if Maile will modify the motion recognizing
this motion is referring to the modified staff recommendations on the Design
Review of February 12, 1997. Maile will modify the motion. Maile will restate the
motion.
Maile I move to deny CU-12-96 and to approve the RZ-5-96 with the Development
Agreement as submitted by the applicant, with the understanding none of this
will become effective until the problems with the lot split are resolved. Seconded
by Brinton. Discussion. TWO AYE: THREE NAY: MOTION FAILS. General
discussion.
Mayer moves that we approve the RZ-5-96 A to C-2 with the Development
Agreement and move to approve CU-12-96 Drive Thru Restaurant removing #1,
from the Site Specific Conditions of Approval regarding the trees and #5 which
calls for the variance and that we approve DR-21-96 with recommendations as of
February 12, 1997, with 4" caliper trees and that the lot split be taken care of so it
is a legal lot and delete Site Specific #5 from the Design Review. Seconded by
Farnworth. Discussion. THREE AYE: TWO NAYS: MOTION CARRIES......
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.
Brinton introduces the issue. Butler gives an overview report. Displays an overlay
showing where cellular towers would be permitted in the City. General discussion.
Commission would like to have a copy of Mark's overlay and consider this at the next
meeting.
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Maile moves to continue this item to the next meeting, so that Commission will
have more time to more thoroughly review the information. Seconded by Mayer.
ALL AYE: MOTION CARRIES........
NEW BUSINESS:
A. DR-5-97 New Ponderosa Paint Store (Old FoodTown)-Hearthstone Inc.:
Hearthstone Inc., represented by Clair Eberhardt, is requesting Commission approval
for a new Ponderosa paint store to be located in the vacated Food Town building. The
site is located at 227 E. State Street, one block east of Eagle Rd. on the southeast
corner of E. State and 1 st Street.
Clair Eberhardt, Hearthstone, Inc. displays the site plan and provides information on
same. Agrees with Staff Recommendations from Design Review meeting. Appealing
ACHD on curb cut. General discussion.
Butler gives an overview of his Staff Report. Staff recommends approval with
conditions from Design Review. General discussion. Don Minnis, Ponderosa Paint
provides information about the project. General discussion.
Maile I move that we approve DR-5-97 Ponderosa Paint for the old FoodTown site
with the Design Review Site Specific Conditions of Approval and Standard
Conditions of Approval. Seconded by Brinton. Discussion. ALL AYE: MOTION
CARRIES.......
B. 97-3-Z0A Zoning Ordinance Amendment - Ada County: To consider
ordinance amendments regarding rules and regulations of the placement, construction
and modification of personal Wireless Facilities (Cellular Towers).
Butler provides information in regards to this issue. General discussion.
Maile I move that we accept Staff's recommendation to recommend that the City
of Eagle continue to work with Ada County in developing compatible zoning
ordinance amendments regarding Cellular Towers. Seconded by Mayer. ALL
AYE: MOTION CARRIES......
ZONING ADMINISTRATOR REPORT
Butler gives a report from the last City Council meeting. Confirms that April 14th and
April 28th are the meeting nights in April. March 31st there is an opening for a joint
meeting with City Council and possibly Design Review.
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MOVED BY Brinton AND SECONDED BY Mayer TO ADJOURN.
ALL AYE: MOTION CARRIED
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