Minutes - 1997 - Planning & Zoning - 08/18/1997 - Regular
EAGLE PLANNING AND ZONING MEETING
MINUTES
August 18, 1997
ORIGINAL
The Planning and Zoning Commission met in regular session on August 18, 1997. Chairman
Bradley presiding.
1.
CALL TO ORDER:
2. ROLL CALL: The following members were present: BERT BRADLEY, DONALD
BRINTON, F ARRIN FARNWORTH, COLLEEN MAILE, GENEVA TRENT. A quorum is
present.
3.
REQUEST FOR APPROVAL:
A. Minutes of July 28, 1997
B. Minutes of August 4, 1997
Moved by Farnworth to approve the minutes of July 28, 1997 as presented. Seconded by
Bradley. ALL AYE...MOTION CARRIES... Brinton, Maile, and Trent abstain as they
were not present at that meeting.
Moved by Maile to approve the minutes of August 4, 1997 as presented. Seconded by
Brinton. Discussion. Brinton would like more detail regarding the "general discussion"
items in the minutes. ALL AYE...MOTION CARRIES.
4.
OLD BUSINESS: None.
5. PUBLIC HEARINGS:
Chairman Bradley announced it is the time and the place for the Public Hearing.
Brinton would like to move items 6E & 6F to the top of the public hearing portion ofthe agenda.
The Commission agrees with this rearrangement of the agenda.
E. CP A-5-97 - City initiated Comprehensive Plan amendments: Amendments could include,
but are not limited to, adding light industriaVindustrial park land uses, changing commercial
along State Street to discourage strip commercial and to encourage commercial clusters, bringing
the Comprehensive Plan land use map designations into conformance with existing new
development and zoning, modifying the mixed use/high density category on the current Plan,
providing for a central business district designation on the Plan, and providing for a scenic
corridor boundary on the plan. See proposed land use maps and comprehensive plan text at City
Hall. This item was continuedfrom the August 4, 1997 meeting.
Bradley introduces the item.
Butler makes a few comments regarding letters which have been submitted for consideration.
Butler reviews letters received from Mr. Selvage, and Gordon and Vicki Jones. Butler notes the
changes made on the Comprehensive plan map per suggestions from the last Commission
meeting.
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Discussion between Butler and Commission regarding possible locations for mixed use zoning
on the W. State near Kestrel Cove. Also discussion of the Central Business District, it is now
reflected not only in text, but also on the Comprehensive Plan map. Notes the non-conforming
uses being the gas pumps in the Central Business District. Farnworth comments on changes that
may need to be made to the text on page 24 items #15 and #20.
Bill Clark, 479 Main St. Boise, Id. Feels the recommendations that the Zoning Administrator
has made are good, on the whole. Representing Eagle River development, his main concern is
regarding open space designation, regarding his property and others which may be affected.
Believes that the cities designation of private property as public open space is a mistake and one
that should be avoided. Perhaps the Commission may want to consult with the City Attorney
because he has some concerns regarding the legality. Also comments regarding the language of
the mixed use designation, specifically the language which states that any property developed
under the mixed us designation should be done as a planned unit development. Feels that a
planned unit development may not always be appropriate, and that it would be in the City's best
interest to also state that it could also be done under a development agreement. Development
agreements tend to take a more long term approach and may be more suitable for some projects
whereas in others a planned unit development may be more appropriate
Butler asks for clarification regarding the issue at hand. Asks ifthe public hearing is open
regarding the Grossman project or Guho's at this time, or if it is only the City initiated
comprehensive plan amendments. Bradley states that it is only regarding the city amendments.
Discussion between Commission. Farnworth makes comment regarding the appropriateness of
making Comprehensive Plan changes regarding residential development, before the City can
provide adequate sewer services. Feels the Commission should act responsible when looking
towards the future. Discussion amongst the Commission regarding the options the City may
have in addressing this issue. The City Attorney provides direction for the Commission.
McFadden believes the Comprehensive Plan may not the appropriate place to address this item,
perhaps the subdivision or zoning approval process may be a more appropriate place.
Bradley closes the public hearing portion ofthis item.
Butler request they reserve their decision until they have heard all testimony regarding Grossman
and Guho comprehensive plan amendments applications.
Brinton moves to delay the decision on the City of Eagle Comprehensive plan amendments
until after we have heard the other public hearings that are on the agenda for tonight
regarding the comprehensive plan. Seconded by Maile. ALL AYE...MOTION CARRIES.
F. ZOA-5-97 - City initiated zonine: ordinance amendments: To amend ordinances
related to zoning interpretation and definitions to clarify interpretations, provide additional
defmitions for uses not shown, and to clarify definitions of uses currently defined; to amend
ordinances related to zoning districts and zoning map to clarify definitions of existing
established districts and to establish new districts, to make zoning designation changes to the
official zoning map incorporation by reference, to add, delete and modify uses within the
schedule of district use regulations, and to modify the schedule of building height and lot area
regulations; to amend ordinances related to performance standards to modify and provide
additional supplemental general provisions and supplemental yard and height regulations. See
proposed zoning maps and zoning text at City Hall. This item was continued from the August 4,
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1997 meeting.
Bradley introduces the item.
Buder provides a brief overview ofthe zoning ordinance amendment. Notes that some cities
change their comprehensive plans and change the zoning at the same time to conform with the
comprehensive plan, and other cities change their comprehensive plan and leave their zoning
alone. Further discussion regarding proposed zoning changes.
Steve Deckers 2249 Dickie Circle Eagle, Id. Representing Evans subdivision has questions
regarding the county gravel pit, and makes comment on his findings from the research he has
done regarding the pit.
Bill Clark, 479 Main St. Eagle, ID. Representing Eagle River states this is the first he has heard
of a zone change of his property, and believes that notice is required. This proposed change is
inconsistent with the comprehensive plan.
Buder comments that the changes he made were after the public workshops, and perhaps the
Commission may wish to leave the zoning as it is at this time.
Michael Christian, 737 N. Seventh St. Eagle, Id. Representing Eagle Gravel notes that the front
of Eagle Gravel's property is on the bypass and is designated mixed use, from looking at the
zoning ordinance that there are some light commercial uses that are left out of it, for example
banks and some restaurants. Christian suggests that there are some uses appropriate for mixed
use which may have been left out. Would request the discussion be left open on the mixed use
zoning designation so that it may be more fully considered as to uses which should be included
or included with a conditional uses.
Buder responds to Christian's comments. States that restaurants are a permitted use in a MD.
Also states that the input he has received was that the banks should be in the Central Business
District.
Bradley closes the public hearing.
Farnworth would like the language changed so that the term manufactured home is used instead
of mobile home. Discussion between Commission and Butler regarding these possible changes.
Maile moves to delay the decision on ZOA-5-97 until after we have closed the public
hearings on Comprehensive Plan amendments CPA-1-97 and CPA-2-97 and RZ-2-97 and
RZ-4-97. Second by Farnworth. ALL AYE...MOTION CARRIES.
A. CP A-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 comer of Cobblestone Lane and State Street
approximately V4 mile west of Eagle Road. The address of the site is 450 W. State Street. This
item was continuedjrom the August 4, 1997 meeting.
Bradley introduces the item.
Buder gives history of this item. It was originally received over five months ago, and public
testimony was taken regarding the item, but the public hearing portion was left open.
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Mark Guho, 362 Rooster Dr. Eagle, ID. Reviews his project. Feels the project would be an asset
to the City and looks forward to bringing it to Eagle.
Dave Roylance, 391 W. State St. Eagle, Id. This project was annexed into the sewer district, and
the water is across the street and may possibly have to bore under a road to gain access.
Discusses the placing of the road, and the ACHD requirements of the developers.
Guho address the issue of possibility being in the Central Business District. He notes that this
has been an extremely ~ process and would like to get going on it.
-h lYle ~¡rtq
Attorney notes that this is a rather compliMed issue. Since the CBD does not exist in this
section at this point, the Commission may wish to make a motion that allows for the possibility
that Council may not approve the CBD.
Butler provides clarification regarding his recommendation. His recommendation to CBD is the
proposed CBD. If the Commission wishes to make a recommendation regarding this item,
Butler suggests recommending the C-2 and LO as requested by the applicant unless the City
Council approves the new CBD zoning designation and all its uses. And if the Council approves
the CBD designation and all its uses then the Commission recommends the CBD zone.
Bradley closes the public hearing.
Maile moves to delay decision regarding this item until the public hearings are heard
regarding the other rezone and comprehensive plans on the agenda tonight. Seconded by
Brinton. Discussion. ALL AYE...MOTION CARRIES.
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 ofthe 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 comer of Cobblestone Lane and State Street approximately Y4 mile
west of Eagle Road. The address ofthe site is 450 W. State Street. This item was continuedfrom
the August 4, 1997 meeting.
Bradley opens the public hearing.
Guho 362 Rooster Dr. Eagle, Idaho would like to recommend that the testimony received on
CPA-I-97 would also be placed on the record for RZ-2-97. So moved by the Commission.
Bradley closes the public hearing.
Maile moves to delay decision until we are done with the comprehensive amendments and
rezones for the evening. Seconded by Farnworth. ALL AYE...MOTION CARRIES.
C. CP A-2-97 - Comprehensive Plan Amendment - Eaele River Development
(Grossman Property): Bill Clark is requesting a Comprehensive Plan Amendment from
Public/Semi-Public and Medium Density Residential (4 or fewer units per acre) to Commercial
and High Density ResidentiallLimited Professional OfficelLimited Commercial (up to 25 units
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per acre). The 83-acre site is located on the southeast comer of Eagle Road and the Alternate
Route. The applicant has requested that this item be continued until the Septmeber2, 1997
meeting.
Brinton introduces the item.
Bill Clark, notes that he is still awaiting approval from ACHD, and will hopefully have a
decision this week. Clark would like a continuance until the September 2, 1997 meeting. He
asks for the Commissions patience especially considering the history of this item, as he has been
moving towards the project end since March.
Discussion between Clark and the Commission regarding additional items which may cause
delay of this project moving forward, such as sewer access, and clarification of exactly what they
are waiting for from ACHD.
Tom Dater, 827 E. Riverside Eagle, rD. He has given previous testimony in opposition of this
project and will not provide redundant testimony. But would like to suggest the Comprehensive
Plan remain the same regarding this property.
Mark Guho, 362 Rooster Dr. Eagle, rD. Would like clarification on how Mr. Clark's application
will affect his application. Commission notes that if they defer the Grossman project, all of the
applications may be deferred. Discuss options on how to address this item. Guho notes the
controversy which seems to be surrounding the Grossman property, and would really like to
move forward on his project and not be held up due to Clark's request for continuance.
Butler notes that he has been unable to complete a staff report due to the lack of information
received from ACHD.
Maile addresses the Attorney regarding the how the items will be provided to the Council.
McFadden notes that the Council will be presented with each comprehensive plan amendment
application as they were originally presented and the Commissions recommendations.
Clark, should the Commission decide they do not want to continue this application, he would be
willing to go along with the Mixed Use recommendation that is contained on the Comprehensive
Plan recommendations by Staff, with the exception of the open space designation on private
property. rfthe Commission did go ahead with a recommendation, he would withdraw his
application and would agree to the Comprehensive Plan going forward as recommended, with
the exception of the open space issue. Otherwise he will withdraw the application.
Butler clarifies his recommendation. Mr. Clark's statement is not his recommendation. Butler
had not made a recommendation on the Grossman project, that was something he had put on the
map for the public to view for comment. To clarify just because it is on the map does not mean
it would have been what his Staff report would have stated. Discussion between Butler and
Commission for further clarification of his statement.
Further discussion between Clark and Commission regarding open space, a proposed
development agreement, as well as the additional information required by ACHD.
Maile states she feels it would not be appropriate for the Commission continue the Grossman
application. Would like to either deny or have the applicant wait six months. Farnworth agrees
and feels they should deny the request for continuance.
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Reid Merrill, makes known his approval of the proposed comprehensive plan.
Bradley closes the public hearing portion of this item.
Butler conveys Mr. Clark's wish to avoid denial ofthis project, and if the Commission is moving
in that direction (of denial) he would prefer to give the Commission something in writing saying
they will wait for six months to be considered then.
Discussion amongst Commission, and they are in agreement that they will not continue this item.
McFadden suggests that the Commission may wish to delay decision on this Comprehensive
Plan amendment and the associated rezone, for a six month period until the next comprehensive
plan amendments. Since this is what Mr. Clark had expressed he wanted to happen. The Public
Hearing will also need to be continued, to a specific date. If the Commission is unable to set a
specific date then McFadden suggests that he public hearing be re-noticed.
Farnworth, moves to delay decision on CP A-2-97 and RZ-4-97 for six months to be
addressed during the next Comprehensive Plan amendments, and that the applicant be
required to re-notice both applications. Seconded by Maile. Discussion. The City Attorney
notes that when you readdress the application in six months, the Commission will be bound
by the laws in affect at the time the application was submitted. ALL A YE...MOTION
CARRIES.
D. RZ-4-97 - Rezone - Eae:le River Development (Grossman Property): Bill Clark is
requesting a rezone from Agricultural (A) and Light Manufacturing District-Planned Unit
Development (M-lA) to High Density Residential (R-20, maximum 20 units per acre), Highway
Business District (C-3), and Agricultural (A). The 83-acre site is located on the southeast comer
of Eagle Road and the Alternate Route. The applicant has requested that this item be continued
until the September 2, 1997 meeting.
Continued for six months. See the above motion.
Maile moves for a 5 minute recess. Second by Farnworth...ALL AYE...MOTION
CARRIES.
Bradley calls the meeting back to order.
Commission discusses whether or not they wish to address the comprehensive plan amendments
at this time or hear the remainder of the agenda. Attorney states this is the appropriate time to
make a decision regarding all of the testimony heard up to this point. It would probably confuse
the record to hear the next item at this time. Discussion between Commission and Butler as to
how to proceed.
Commission discusses changes they would like made, Butler helps facilitate in this matter by
making changes on the map to reflect what the Commission desires. The Commission also
discusses changes to the zoning text.
Maile moves to recommend CPA-1-97 Comprehensive Plan Amendment, Mark Guho
approval changing the comprehensive plan to reflect a CBD designation for this property,
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however should that recommendation not be accepted by City Council, I recommend the
applicant be granted a Commercial designation, and also recommend that the text be
adopted with the exception of changes made to page 24 and the map be accepted with the
changes most recently made by Staff as a result of the discussion of this hearing including
that there should be no change to the Grossman property, no change to the Kunkler
property, and eliminate the pathway from the park east of town, and there be a mixed use
designation interjected near Great Sky Subdivision east of town, and any other changes
made to the map. Seconded by Brinton. ALL AYE...MOTION CARRIES.
Discussion amongst Commissioners regarding text changes to the zoning ordinance and to the
zonIng map.
Brinton moves to approve the rezoning on the City initiated zoning ordinance amendments
and on Mark Guho's property RZ-2-97 as modified on the map and the notes which have
been taken by the Zoning Administrator. Seconded by Farnworth. ALL A YE..MOTION
CARRIES.
G. CU-4-97 Conditional Use - Reid Merrill: Reid Merrill is requesting a conditional use permit
to construct a 47,800 sq. ft. indoor recreational center. The proposed 8-acre site is located on the
back portion of the parcel at 1125 E. State Street, approximately ~-mile east of Eagle Road and
approximately 800-feet south of State Street. This item was continuedjrom the July 28, 1997
meeting.
Bradley introduces the item.
Reid Merrill, 9823 W. Secretariat W. Boise, ID. Gives an overview ofthe project. Notes that the
requirements requested at the previous meeting, have all been met except for the sewer service
for the property. Would like approval since the sewer issue may be resolved at the next Council
meeting. This would help move the item along in a more timely manner.
Butler provides staff comment. Notes the staff specific conditions as noted in the staff report.
Discussion regarding the fact that the property has yet to be annexed into the Sewer District.
Reid Merrill addresses a question regarding the landscaping ofthe drainage district easement
property. Farnworth questions whether or not Drainage District No.2 has been contacted
regarding this landscaping. He suggests Merrill try to enter into an agreement with the drainage
district.
Bill Selvage 1992 Spring brook Lane. Comments regarding the easement. He has been
investigating the type of negotiations suggested by Commissioner Farnworth.
Maile comments that she would like to see the project move ahead, but without annexation into
the sewer district it would set a bad precedent for the Commission to approve this item tonight.
Would suggest to continue this item and related items until annexation into the Sewer District.
McFadden suggests the applicant may wish continue the item until the applicant brings a letter
verifying the annexation into the Sewer District.
Reid Merrill requests a continuance until September 15, 1997 in order to resolve annexation into
the sewer district issues on item CU-4-97 and RZ-5-97.
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Maile moves to accept the applicants request to continue items CU-4-97 and RZ-5-97, until
the September 15, 1997 meeting and leave the public hearing portion open. Seconded by
Trent. ALL AYE...MOTION CARRIES.
H. RZ-5-97 Rezone - Reid Merrill: Reid Merrill is requesting a rezone from A
(agricultural) to L-O (limited office). The proposed 8-acre site is located on the back portion of
the parcel at 1125 E. State Street, approximately ~-mile east of Eagle Road and approximately
800-feet south of State Street. This item was continuedfrom the July 28, 1997 meeting.
Continued to September 15, 1997 meeting see above motion.
1. ZOA-6-97 Zonin!! Ordinance Amendment: To amend Eagle City Code Title 8,
Chapter 2A and Title 2 Chapter 2 to allow the Design Review Board to become the approval
body for design review applications, to provide for an appeal process, to establish meeting dates,
to establish meeting procedures, and to provide public notice procedures.
Bradley introduces the item.
Butler reviews the ordinance and its affect on the Design Review Board. Discussion between
Commission and Butler regarding the proposed changes. Brinton would rather they meet on a
twice a month basis. Would also like the appeal process to end at Planning and Zoning
Commission unless further appealed to Council.
Bradley closes the public hearing.
Brinton moves to approve ZOA-6-97 with the correction of typing errors, meetings shall be
twice a month, appeals shall go to planning and zoning and further appeal available to City
Council. Seconded by Maile. ALL AYE...MOTION CARRIES.
6.
NEW BUSINESS:
A. DR-15-97 - Indoor Recreational Center - Reid Merrill: Reid Merrill is requesting design
review approval for a 47,800 sq. ft. indoor recreational center to be located on the back portion
of the parcel at 1125 E. State Street. The 8-acre site is approximately ~-mile east of Eagle
Road and approximately 800-feet south of State Street. This item was continued from the July
28, 1997.
Bradley introduces the item.
Reid Merrill requests continuance to the September 2, 1997 meeting.
Maile moves to continue this item to the September 2, 1997 Commission meeting.
Seconded by Farnworth.
7.
ZONING ADMINISTRATOR'S REPORT: None.
8. ADJOURNMENT:
Moved by Brinton to adjourn. Seconded by Maile. ALL AYE...MOTION CARRIES...
RESPECTFULLY SUBMITTED:
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SHARON K. SMITH
CITY CLERK/TREASURER
A TRANSCRIBABLE RECORD OF TillS MEETING IS AVAILABLE AT CITY HALL.
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