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Minutes - 1997 - Planning & Zoning - 06/02/1997 - Regular ORIGINAL EAGLE PLANNING AND ZONING MEETING MINUTES June 2,1997 The Eagle Planning and Zoning Commission met in regular session on June 2, 1997. Chairman Bradley presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present: BRADLEY, BRINTON, FARNWORTH, MAILE, MAYER all present. 3. REQUEST FOR APPROVAL: A. Minutes of May 19, 1997 Moved by Brinton and Seconded by Mayer to approve the minutes of the May 19, 1997, meeting as presented. ALL AYE: MOTION CARRIED. 4. OLD BUSINESS: None 5. PUBLIC HEARING: Maile moves that we move Items #C and D, CPA-2-97 Comprehensive Plan Amendment-Eagle River Development (Grossman Property) and the accompanying rezone request RZ-4-97, to the beginning of the Agenda. Seconded by Farnworth. ALL AYE: MOTION CARRIES............ Chairman Bradley announced it is the time and the place for the Public Hearing. C. CPA-2-97 ComDrehensive Plan Amendment- Eagle River DeveloDment (Grossman ProDerty): Bill Clark is requesting a Comprehensive Plan Amendment from Public/Semi-Public and Medium Density Residential to Commercial and High Density Residential/Limited Professional Office/Limited Commercial. The 83 acre site is located on the southeast corner of Eagle Road and the Alternate Route. D.RZ-4-97 Rezone Eagle River DeveloDment (Grossman ProDertv): Bill Clark is requesting a rezone from Agricultural and Light Manufacturing District-Planned Unit Development to High Density Residential, Highway Business District, and Agricultural. The 83 acre site is located on the southeast corner of Eagle Road and the Alternate Route. Continued to the June 16, 1997, by motion of Commissioners. Maile moves that Items #C and D be continued to the June 16, 1997, Planning and Page 10f7 H:\P&Z\MEETINGS\PLAN ZON\MINUTES\ I 997\PZO60297 ---.. - --- -------- --------- ------ Zoning Meeting. Seconded by Farnworth. ALL AYE: MOTION CARRIES.......... 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 St. MAILE EXCUSES HERSELF AS SHE OWNS PROPERTY WITHIN 300 FEET. Mark Guho, 262 Rooster Dr. Eagle, ID. Provides an overview of the requested zone change for the Commissioners. Dave Roylance, 4619 Emerald Boise, ID, co-owner of the project. Provides the Commissioners an overview of the project. Displays a site plan and discusses same. General discussion. Butler provides an overview of his Staff Report. Staff has recommended approval. General discussion. Francis Transtrum, 550 W. State, right on Cobblestone. Discusses the donation of land that they would have to make. She objects to this change. Being overpowered with commercial and deflates their property value. Does not think they should have to donate to their project. Also notes her concern with the increase of traffic. George Transtrum, 550 W. State. Discusses the project. Talked to ACHD and they were under the impression that we were going to donate 12' of our property which is not necessarily true. I think this road issue should be considered a little better. Would like to make sure his property is protected from noise and light distractions. Traffic would be increased up to 600 cars a day according to ACHD report. Bradley inquires if anyone else wishes to testify. Dave Roylance. The survey he believes to be accurate. We are not asking the Transtrum's to dedicate 12' of right-of-way. They are not donating any land to our project. They are not required to dedicate 12' of their property. General discussion. Legal Counsel suggests that the Public Hearing be kept open unless the Commissioners make a decision on this tonight. Butler recommends that it be kept open until August 4th when all of the Comp Plan Amendments will be coming back before the Commissioners. Pag.2of7 H:\P&Z\MEETINGS\PLAN - ZON\MINUTES\ 1997\PZO60297 -- ----- --------------------~------._---------- ----- Brinton moves that the CPA-1-97 hearing be continued to the August 4, 1997, meeting. Discussion. Seconded by Mayer. ALL AYE: MOTION CARRIES........... General discussion. B. RZ-2-97 Rezone from R-5 to C-2 Mark Guho: Mark Guho is requesting a rezone from R-5 to C-2 and L-O. 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 St. MAILE EXCUSES HERSELF, SHE IS WITHIN 300' OF THE PROJECT. Dave Roylance. All of the testimony on the previous issue, CPA-1-97 Comprehensive Plan Amendment can be incorporated into this issue. Farnworth I move that we continue RZ-2-97 to the August 4, 1997, meeting keeping the Public Hearing portion open and adopts all of the testimony and exhibits heard in CPA-1-97. Seconded by Brinton. Discussion. Two AYES, One NAY: MOTION CARRIES...... E. CU-11-96/MOD Modification of Conditional Use Permit for Gravel Crushing and Hot Plant Operation: Idaho Transportation Department, represented by Jim Justice, is requesting a modification to the existing (CU-11-96) conditional use permit for gravel crushing and hot plant operation for the construction of the new SH-55 alignment. The site is located on both sides of Hill Rd. In the newly acquired right of way, approximately 1/4 mile west of Horseshoe Bend Rd. Jim Justice, Idaho Transportation Department, 1019 Loredo Circle, Boise. Displays a site plan and provides the Commissioners with an overview of the request for modification. General discussion. Brinton discusses the letters of complaints that have been received. Justice responds that the Contractor is watering and they are trying to accommodate the public as much as possible. Contractor is only able to operate from 7:00 a.m. to 7:00 p.m. General discussion. Jerry Cox, Steelman and Duff, Vice-President and owner. Discusses the gravel crushing and hot plant operation. The complaints related to dust on Hill Road. Patterson also contributed to the dust as Idaho Sand and Gravel, as they both have to use Hill Road. Crushing is now completed and stock piled. August they will be paving. General discussion. Butler gives an overview of his Staff Report. Discusses the Complaints that have been Page 3 of? H: \P&Z\MEETINGS\PLAN - ZON\MINUTES\ I 997\PZO60297 ------- ------ ------------------ --------- -- - -- ------- received. Staff had recommended denial because of the problems to date. General discussion. Bradley asks the audience if anyone wants to testify. Chuck Jeters, Echo Creek Homeowner's Association President, residing at 3016 Red Tail Dr. Eagle, ID. There are 24 homeowners, in Echo Creek Subdivision, and not one complaint against ITD and Steelman Duff. Have had a good experience with ITD and Steelman Duff and just wanted to point that out. We will be glad when the berm is done. If you delay we have a concern about the liability with the children being hurt because of no fences. I would appreciate it if you would keep this project moving. General discussion. Don Cordey, 2871 Hill Road Eagle, 10 - about 300' East of the gravel pit. I would like to present some evidence of how bad the dust is. General discussion. Commissioners know how bad the dust is and Don's evidence was not brought in. General discussion. Jerry Pitts, 2835 E. Hill Road. I would like to set the facts straight. Show where his property located on the site plan. I have received nothing but an attitude from the contractor. Water is sprayed on the front of my property. Trucks run off the road because it is a narrow road. I can not work with my horses because of the trucks running. The way these guys are conducting business is not quite what has been presented here tonight. General discussion. Jerry Cox, Steelman and Duff. Wants to know if anyone testifying went to the public forum that was held before the project started. Steelman and Duff before they broke ground held a public forum, some were in the evening. They have a meeting weekly that the public can attend. We have been attempting to meet the complaints. Its a hassle for everyone. We will meet everyone's concerns as best we can. Dave Butzier, 1684 E. Stoneybrook, Eagle, work for Morrison Knudsen, we designed the project. I was at the meeting Jerry referred to. The trucks can not take another alternative route. They are hauling four days a week, usually Monday thru Thursday. During the crushing operation it was longer. Steelman and Duff have done more on the dust problem than the other two gravel operators. Jim Justice. When the aggregate is transported it can not be moist so there will be dust during transportation. General discussion. Jerry Cox, Steelman and Duff. If we were allowed to maintain what we asked for, we could eliminate travel on Hill Road by completing the road north so the trucks could travel north on the new alignment and not on Hill Road. If the hot plant is put at the present location this could not be accomplished. We are two weeks away from Page 4 of7 H:\P&Z\MEETINGS\PLAN - ZON\MINUTES\ 1997\PZO60297 ---- -~----------------~------------- completing the road north. Don Cordey, If they move the plant what action do we have if they do not comply with the dust and regulations. General discussion. Bradley closes the Public Hearing testimony. General discussion between the Commissioners. Farnworth moves that we approve the conditional use permit CU-11-96/MOD as specified. Seconded by Mayer. Three AYES: One NAY: MOTION CARRIES............. Mark Butler requests, the findings approved by City Council for the original conditional use, if the Commission would consider approving this modification, and the previously findings which have been approved by Council for this modification, and adding the testimony of today's meeting, so they won't have to bring findings back to the Commission for the modification and there will be a delay of two to three weeks. If you could adopted the findings which were approved on March 5, 1997 for CU-11-96, by the City Council for this item, I have consulted with the City Attorney and since there were no additional conditions added it would be an acceptable action. Move to accept the Original Findings of Fact from March 5, 1997 as modified by tonight's decision. So Moved by Farnworth. Seconded by Mayer. Three AYES: One NAY: MOTION CARRIES....... 6. NEW BUSINESS: A. DR-11-97 Two Multi-Tenant Retail Buildings within Eagle Plaza-Billy Ray Strite: Edge Development, represented by Billy Ray Strite with BRS Architects, is requesting design review approval for two multi-tenant retail buildings. The 4.4 acre site is located on the east side of Eagle Road approximately 1/4 mile south of State Street at 174 S. Eagle Road (temp address). Steve Pardue, BRS Architechts. Filling in for Billy Ray Strite. Displays a Material and Color Schedule which shows a picture of the project and an example of the the siding, metal roof, and exterior insulation and provides the Commissioners with an overview of the design review. Butler provides an overview of the Staff Report. Staff is in favor of the recommendations of the Design Review except for Item #5, vinyl siding. Design Review didn't know that they could approve vinyl siding. Butler recommends that we go Pag.Saf7 H:\P&Z\MEETINGS\PLAN- ZON\MINUTES\ I 997\PZO60297 -.- ---..--. ._-_._-_._~--_.- -----. --- - -_u_------ with the vinyl siding. Recommends approval of this project with approval of the vinyl siding. General discussion between Commissioners, Steve Pardue and Butler. Phil Hull, The Land Group, 128 S. Eagle Road. Displays a site plan and discusses the trees that are in the right-of-way. ACHD is taking out two trees and they should not be part of this project. We would like to do a 3" tree in the same quantity. General discussion on the size of trees. Maile moves that we approve DR-11-97 Two Multi-Tenant Retail Buildings within Eagle Plaza ,with the modifications that the siding is River Wheat and Sierra Clay wood grain vinyl and also including all of the recommendations of the Design Review Board, with the following modification that the trees that the19 streets and 45 shade trees should be required to have a minimum caliper width 3", and because we are reducing the caliper size we would like to request that an additional 6 six trees be planted as a mitigating factor. Seconded by Brinton. ALL AYE: MOTION CARRIES....... B. DR-13-97 Monument sign for Eaale Middle School- Debbie Anderson: Eagle Middle School, represented by Debbie Anderson with Idaho Electric Signs, is requesting design review approval for a monument sign located at the middle school. The site is located 1.2 mile west of Eagle Rd. At 1000 W. Floating Feather. Debbie Anderson, Idaho Electric signs, 6528 Supply Way Boise, ID. drawing of the sign and explains the same. Displays a Brinton I move that we approve DR-13-97 Monument sign for Eagle Middle School- as presented with Design Review Board and Staff conditions Seconded by Maile. ALL AYE: MOTION CARRIES........ C. Findings of Fact for Conditional Use ADDlication for .@ Gravel Extraction ODeration ICU-3-97): The Zoning Administrator is requesting Commission approval of the Findings of Fact for the conditional use application submitted by Ed Hendershot. The 26.82 acre site is located approximately 3/8 mile east of Eagle Rd., abutting Island Woods Subdivision on the west and the North Channel of the Boise River on the north. Farnworth moves that we approve the Findings of Fact for Conditional Use Application for Gravel Extraction Operation CU-3-97 as presented. Seconded by Mayer. ALL AYE: MOTION CARRIES..... 7. ZONING ADMINISTRATOR'S REPORT: Page 6 of? H:\P&Z\MEETINGS\PLAN - ZON\MINUTES\ I 997\PZO60297 Butler reports on the last City Council Meeting. McDonald's has withdrawn their application and may be going into the Burger King site. Reports on Spyglass Subdivision and the rezone on Eagle Road. Council is in favor of getting a consultant. Have sent out information for bids and Council should act on this on June 10th. The City Council would like to have a joint meeting on the 30th. Discussion on meetings in July. 8. ADJOURNMENT: MOVED BY MAILE AND SECONDED BY FARNWORTH TO ADJOURN. ALL AYE: MOTION CARRIES....... RESPECTFULLY SUBMITIED SHARON K. SMITH EAGLE CII"Y CLERK A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL Page 7 of7 H:\P&Z\MEETINGS\PLAN - ZON\MINUTES\ 1997\PZO60297 ----- - - - ----