Minutes - 1997 - Planning & Zoning - 04/14/1997 - Regular
ORIGINAL
EAGLE PLANNING AND ZONING MEETING MINUTES
APRIL 14,1997
The Eagle Planning and Zoning Commission met in regular session on April 14,
1997. Chairman Bradley presiding.
The following members were present: BERT BRADLEY, DONALD BRINTON, RUSSEL
MA YER.- PRESENT: COLLEEN MAILE AND FARRIN FARNWORTH - ABSENT.
REQUEST FOR APPROVAL:
A. Minutes of March 3, 1997.
Brinton and Bradley: 2 corrections Page 1 and 5.
Moved by Brinton and Seconded by Mayer to approve the minutes of the March
3, 1997, as corrected. ALL AYE: MOTION CARRIED.
Brinton: I would like to add an item to the Agenda. Some clarification of our City Code
and Sterling Codifiers.
City Clerk gave the Commissioners an update on the City Code and Sterling Codifiers.
Commissioners would like a statement from John, the City Attorney, about the new
ordinances and amendments, whether or not they are law according to the Ordinance
(see front of the book)
OLD BUSINESS:
A. Timeline for Comprehensive Plan Amendments: The Zoning Administrator
has submitted a list of potential Comprehensive Plan amendments so the
Commission may determine a timeline for action. This items was briefly
discussed by the Commission on March 3, 1997.
Bradley introduces the issue. Butler provides an overview to the Commissioners.
General discussion.
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. CONTINUED TO 6/2/97.
B. RZ-2-97 Rezone from R-5 to C-2 and L-O-Mark Guho: Mark Guho is requesting
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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. CONTINUED TO 6/2197.
Bradley discusses Mr. Guho's Comprehensive Plan Amendment.
Mark Guho, 362 Rooster Eagle, ID. We are aware of the importance and magnitude of
the sewer issue and would accept the extension of our timeline. Would like prompt
attention to the item once a decision is made.
Bradley will keep Mark Guho updated as to the progress and requests that Mark Butler
also keep Guho updated.
Mr. Guho would like to be put on the calendar in six or eight weeks from now. General
discussion.
Butler would like Mr. Guho's matters to be continued to a date certain and asks that
Guho to make a formal request so that it will be reflected on the record. Guho formally
makes a request for an extension for the rezone and comprehensive plan amendment.
Brinton: I move that we continue CPA-1-97 Comprehensive Plan amendment and
RZ-2-97 rezone from R-5 to C-2 and L-Q to June 2, 1997. seconded by Mayer.
ALL AYE: MOTION CARRIES.
C. 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. This item was continued from March 3 and 17,
1997.
Bradley introduces the issue.
Butler: Displays on overlay of Proposed Scenic Corridor and provides information in
reference to same. General discussion. Mark reads the Ada County Ordinance to the
Commissioners and discusses same. General discussion.
Bradley inquires from audience if anyone wishes to testify. No response.
Bradley closes the Public Hearing portion. General discussion among the
Commissioners and Butler. Brinton recommends to change the fall zone area to
something different as long as the tower met the specific guidelines of the industry,
leave the State Parks in there, and the sewer ponds and remove the school sites but
the rest of it remain as is so that it at least gives someone coming in the potential of
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some ideas of what they could do and my recommendation would be that we limit the
height and that what is shown on the map is 35 feet under the "Scenic Corridor Area"
Bradley and Mayer agree with Brinton. Commissioners are in agreement to eliminate
school sites.
Bradley: I make a motion that we propose an Ordinance ZOA-1-97 amendment
regarding Telecommunication towers and related facilities. I would recommend
that we accept the ordinance as drafted as drafted by the city staff. With the
counties 1 to 10 ft elevation in lieu of our 1 to 1 and that we adopt as part of this
program the proposed Scenic Corridor which shows set backs that anything
within in that proposed Corridor cannot exceed 35 feet 500 feet each side of the
Corridor and to exclude school zones.
SECONDED BY MAYER. ALL AYE: MOTION CARRIES.........
D. V AC-1-97 Vacation of "Common Lot" note on Spyglass Subdivision Final
Plat-Peter A. Wierenga: Peter A. Wierenga is requesting a vacation to the final plat of
Spyglass Subdivision. The proposed vacation would allow the removal of the note
which would permit the only common lot of the subdivision to become a buildable lot.
The subdivision is located on the northwest corner of Locust Grove and Chinden Blvd.
Bradley introduces the issue.
Peter A. Wierenga, 10311 W. Susan Court, Boise, Idaho. At the time of preliminary
discussion thought they were going to have to be on a well. But since that time they
have an agreement with United Water to service the area. Appraiser indicates a
common lot would be out of place in this subdivision because of the size of the lots,
plus the high cost of maintaining the common lot. Because of these factors they want
to eliminate the common lot. Mark, John ( the County Engineer) and his engineer have
worked out all of the details. In the CC&R's and sales materials there is no discussion
of a common lot. Asking the city to approve a vacation of that common lot and turn it
back into a buildable lot in the subdivision.
Bradley turns the meeting over to Brinton at this time as he was absent when this item
came before the Commission.
General discussion between Wierenga, the Commissioners and Butler.
Butler gives an overview of the Staff Report. Staff recommends approval with two
conditions.
Brinton asks if there is anyone in the audience that would like to make comment.
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Sandy Smith, Eagle Chevron. Inquires if the lots are going to be allowed to have farm
animals. We are always looking for areas where 4H and horse clubs can meet and also
soccer fields. That would be my suggestion.
Brinton closes the Public Hearing. General discussion among the Commissioners.
Brinton: I move that we approve on Staff Recommendations as submitted for
vacating of the lot. Seconded by Bradley. ALL AYE: MOTION CARRIES..............
Brinton: I now turn the meeting back over to Bradley.
NEW BUSINESS:
Brinton moves the Commission switch item 7.A and 7.B. on the agenda.
Seconded by Bradley. ALL AYE: MOTION CARRIES.......
B. DR-6-98 Monument sign and building wall sign for Ponderosa Paint -
Golden West Advertising: Golden West Advertising, represented by AI Murphy, is
requesting design review approval for a monument sign and an exterior building wall
sign for the Ponderosa Paint store to be located in the vacated Food Town building.
The site is located at 127 E. State Street, one block east of Eagle Rd. On the southeast
corner of E. State and 1 st Street.
Bradley introduces the issue.
AI Murphy, Golden West Advertising. Presents drawing of sign to the Commissioners
and provides information on same.
Butler provides an overview of the Staff Report. Staff recommends approval with
conditions.
General discussion among Commissioners.
Brinton: I move that we approve the design review of DR-6-97 the monument sign
and building wall sign of Ponderosa Paint as presented with the site specific
conditions of approval and added conditions of exterior illumination being off at
11 :00 pm at night and applicant comply with the standard conditions of approval.
Seconded by Mayer. Discussion. ALL AYE: MOTION CARRIES......
Brinton: I make a motion that we move DR-3-97 to the bottom of the agenda.
Seconded by Bradley. ALL AYE: MOTION CARRIES...........
C. Findings of Fact for rezone (RZ-5-96) from A(agricultural) to C-2 (general
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business district) - McDonald's - Loy Taylor: The Zoning Administrator is requesting
Commission approval of the Findings of Fact for the rezone application submitted by
McDonald's. The site is located at 434 S. Eagle Rd., near the northeast corner of Eagle
Rd. And the Eagle Alternate Route.
Brinton introduces the issue. Butler states that the applicant wants this continued to
April 28, 1997. General discussion among Commissioners. Commissioners are in
agreement to go ahead with this item.
Brinton: I recommend that we approve the Findings of Fact and Conclusions of
Law in the matter of the rezone from Agricultural to C-2 Commercial for
McDonald's Corporation RZ-5-96 as presented. Seconded by Mayer. ALL AYE:
MOTION CARRIES.
D. Findings of Fact for variance (V-1-97) of 20% lot coverage requirement -
McDonald's - Loy Taylor: The Zoning Administrator is requesting Commission
approval of the Findings of Fact for the variance application requesting 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.
Applicant requested that this matter be continued to the April 28th meeting.
Commissioners are in agreement to go ahead with this item.
General discussion among the Commissioners.
Mayer: I move that we approve Findings of Fact on V-1-97 on the variance for
McDonald's for the lot coverage as written. Seconded by Brinton. ALL AYE:
MOTION CARRIES....
E. Findings of Fact for conditional use (CU-12-96) for a restaurant with drive-
thru - McDonald's - Loy Taylor: The Zoning Administrator is requesting Commission
approval of the Findings of Fact for the conditional use application submitted by
McDonald's. 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.
Applicant requested continuance to the April 28th meeting. Commissioners are in
agreement to go ahead with this item. General discussion among the Commissioners.
Brinton: I would recommend approval of CU-12-96 for McDonald's Corp. as
presented. Seconded by Mayer. ALL AYE: MOTION CARRIES........
ZONING ADMINISTRATOR REPORT
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Butler gives a report from the last two City Council meetings. Noted that Council had
approved Edge Development. General discussion.
Discussion on Rick Musick's decision to appeal the decision of the Planning and Zoning
Commission, to the City Council. Mr. Musick then pulled his appeal and decided not to
take the issue before Council. General discussion regarding metal siding.
Bradley provides information on a meeting he had with the Mayor and Butler on the City
Engineer and engineering costs. Butler has completed a proposed contract for a City
Engineer and proposes that it be put out for bid. General discussion on City Fees.
Brinton requests that Frank provide an update of the Sewer Board Meeting tonight.
Frank Thomason, West Ada Express: Sewer District is still waiting their permit from
DEQ. Provides an overview of the meeting. Workshop planned between Eagle and
Boise, possibly on April 28th. Public Information meeting on May 5th and tour of
facility. Dennis Baker gave a report on the MOU.
A. DR-3-97 New Smith's Chevron - Rick and Sandy Smith: BRS Architects,
represented by Roger Foster, is requesting design review approval for a new Chevron
Gas Station, Convenience store, and car wash proposed to be located in the new
Channel Center commercial subdivision at 50 Inlet Bay. The site is located on the
southwest corner of new State Highway 44 and Eagle Road.
Bradley introduces the issue.
Sandy Smith, Smith's Chevron. Displays the building design and discusses the same.
Design is approved by Chevron.
Butler presents an overlay and provides information on the project. Staff recommends
approval of a waiver on the metal siding. Staff recommends approval with Design
Review comments. General discussion.
Brinton: I move that we approve the Design Review 3-97 for the new Smith
Chevron as presented under Design Review 3-97 with the Design Review's
recommendations, with the additional recommendations that we have placed on
it, of the meandering sidewalk from their northerly drive of their property to the
meandering sidewalk between the property lines and painted pedestrian
crosswalk signs in their drive, and crosswalks at all four points the West Inlet
Bay, and River Shore, or North Channel Lane whichever it may be. Seconded by
Mayer. Discussion. ALL AYE: MOTION CARRIES........
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MOVED BY MAYER AND SECONDED BY BRINTON TO ADJOURN.
MOTION CARRIES........ ..
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ALL AYE:
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL
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