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Minutes - 1998 - Planning & Zoning - 07/06/1998 - Regular THE CITY OF EAGLE PLANNING & ZONING COMMISSION MINUTES July 6, 1998 The Planning and Zoning Commission met in regular session on July 6, 1998. Chairman Brinton presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present: DONALD BRINTON, FARRINFARNWORTH, LYNN MOSER, GENEVA TRENT, FRED WILSON. All Present. A quorum is present. 3. REQUEST FOR APPROVAL: A. Minutes of June 15, 1998. B. Minutes of June 29, 1998. Moved by Moser and Seconded by Trent to continue approval the minutes of the June 15, 1998, meeting until the next scheduled meeting. ALL AYE...MOTION CARRIES... 4. OLD BUSINESS: None 5. PUBLIC HEARINGS: A. RZ-3-98 - Rezone from R-4 to CBD (with development a~reemenO - James Beard: James Beard. represented by James Gipson. is requestine a rezone from R-4 (Residential) to CBD (Central Business DistricO. The Zoning Administrator is recommending that a development agreement accompany the rezone. The O.3-acre site is located on the south side of Aikens Road approximately 250-feet east of Eagle Road at 79 East Aikens Road. This application was continued from the June 1, 1998, and June 15, 1998, Commission meetings because the applicant did not post the property as required. The property is now posted. Brinton introduces the issue. James Gipson, P.O. Box 219, Eagle, ID, is representing James Beard. Description of the rezone application. General Discussion. Butler gives a review of the staff report. Overhead of the plat map and site plan. Butler discusses pathway, bridge, easement, appraisal and purchase ofland by the City of Eagle. Butler makes the recommendation to place an LID or a BID on the application. Farnworth would like to know who stands liable for pathway on an easement. Legal council will need to address the issue. James Gipson would like for all property owners (7) to contribute to the cost of the project. Gipson would suggest that a method of determining the value ofthe project would be to examine the sale price of the property in question to determine a square foot value. Approximately $120,000 for 9,954 sq. ft., or $12.06 a sq. ft. The easement on the property is 395.5 sq. ft. at a value of$4,769.73. Brinton closes the public hearing. General Discussion. Wilson moves to approve RZ-3-98 Rezone from R-4 to CBD (with development agreement) - James Beard with the change oflanguage from "equal share of percentages" to BID or LID which ever is appropriate. Moser Seconds. Wilson amends motion to include cost of the land only of Beard property. Change wording 'to compensate land owners at a future date'. General Discussion. ALL AYE. MOTION CARRIES... B. CU-2-98 - Childcare Center - Dennis M. Baker: , B.B. One, represented by Dennis M. Baker: Childcare Center - Dennis M. Baker: , B.B. One, represented by Dennis M. Baker is requesting a conditional use permit for a 9,500 sq. ft. Montessori childcare center to be located in a 13,500 sq. ft. multi-tenant building proposed within Channel Center commercial subdivision. The 2.9-acre site is located near the southwest corner of State Highway 44 and S. Eagle Road at 655 S. Rivershore Lane. Brinton introduces the issue. Gordon MacDonald, 12586 West Bridger, Boise, represents Dennis M. Baker, overhead of site plan is shown. Presentation of issue is given. General Discussion. Butler gives a review of the staff report. Entrance to Channel Center is located. Parking issue is discussed._Appropriate use of remaining building should be reviewed. Fencing around childcare is discussed. Mary Nelson, 1038 N. Calder Way. Support for the childcare. Brinton closes the public hearing. General discussion. Fire hazard is a concern. Review of the childcare center by the Eagle Fire Department. MacDonald gives a reply to the previous discussion concerning the safety of a 10' fence should a fire occur. Leasing of the remaining part of the building with restrictions is not relevant to the issue. Farnworth Moves to approve CU-2-98 Childcare Center - Dennis M. Baker as presented in the staff recommendations and standard conditions of approval. Moser Seconds. ALL AYE. MOTION CARRIES.... C. CU-3-98 - Temporary Structures for a Childcare Center - Dennis M. Baker: B.B. One. represented by Dennis M. Baker: Temporary Structures for a Childcare Center - Dennis M. Baker~ B.B. One, represented by Dennis M. Baker is requesting conditional use approval for three temporary structures for a Montessori childcare center to be located within Channel Center commercial subdivision. The 2.9-acre site is located is located near the southwest corner of State Highway 44 and S. Eagle Road at 655 S. Rivershore Lane. Brinton introduces the issue. MacDonald presents the application. An overhead is shown of the site plan. Dan Torfin, B.B. One, clarifies items for MacDonald. Sewer and water issues for temporary structures are discussed. Butler gives a review of the staff report. Site plan of temporary structure, conditions for structure are given. A fence plan will be drawn up by the applicant. Brinton does not want to approve a temporary structure. Moser expresses concern with safety of temporary structure for children. Farnworth expresses the precedent of temporary structure with the existing building behind City Hall. Torfin addresses the issue of the temporary structure and time frame in relation to the beginning of the school year. Trent expresses approval of the temporary structure to meet the needs of the community. Wilson agrees with Trent providing safety is adequately addressed and the city puts a clear completion date on the project. Torfin replies to the items presented by Commission Members, Trent and Wilson. Brinton closes the public hearing. Farnworth Moves to approve CU-3-98 Temporary Structure for a Montessori child care center within the Channel Center Subdivision with staff recommendations and, standard and site specific conditions of approval to modify #3 site specific conditions of approval 'site construction plan showing the construction area be fenced with construction fencing to separate the temporary structures parking area and play area from construction site from the permanent building showing construction traffic plans to City Council for review and approval'. To remove #5 of the site specific conditions of approval with the wording 'a one year extension of time may be permitted at the approval of the City Council'. Wilson seconds. THREE AYE, TWO NAY, (Brinton and Moser against). MOTION CARRIES... Moser would like to vote against this issue and wants it to be put on record due to the fact that all safety factors could not be met and the temporary structure should not be approved. D. Rocky Mountain Business Park - CU-4-98/PPUD-I-98/PP-3-98 - Reid Merrill Jr.: Rocky Mountain Business Park - CU-4-98/PPUD-1-98/PP-3-98 - Reid Merrill Jr.: Reid P. Merrill Jr. is requesting Conditional Use, Planned Unit Development Preliminary Development Plan, and Preliminary Plat approvals for Rocky Mountain Business Park. The development consists of 26 lots on 40+ acres and is generally located between State Street and the Highway 44 Alternate Route extending from the north/south section of State Street (extension of Edgewood Lane) eastward approximately Y2 mile. Farnworth excludes himself from this application because of a conflict of interest. Butler distributes an update of documentation for this application. Item #27 is the only addition. Reid Merrill, Rocky Mountain Business Park, State Street, Eagle, application. presents the Moser questions the infrastructure. Wilson questions the pathway, berm and its relation to the floodplain. Butler gives a review of the staff report. Site plan is presented on an overhead. Butler recommends Commission act on issues in the following sequence - CU, PPUD and then PP. Butler distributes a letter written by Farnworth. Review of the conditions recommended by staff. Reid Merrill replies to issues addressed by Butler. Galan Merrill 1275 E. State, Eagle, although Mr. & Mrs. Galan Merrill are not a part of this application, they do support the issue. Brinton closes the public hearing. General Discussion. Trent is opposed to the pathway along Highway 44 Alternate Route. Brinton would like to see the berm provide a visual barrier, and a condition be placed on the application to prevent any signage along the Alternate Route. Moser moves to approve CU-4-98 Rocky Mountain Business Park with all the site specific condition recommendations by staff with the exception of condition item #11. Trent seconds. ALL AYE. MOTION CARRIES... Moser moves to approve PPUD-I-98 Rocky Mountain Business Park with all the site specific condition recommendations by staff with the exception of condition item #11. Wilson seconds. ALL AYE. MOTION CARRIES... Moser moves to approve PP-3-98 Rocky Mountain Business Park with all the site specific condition recommendations by staff with the exception of condition item #11. Trent seconds. ALL AYE. MOTION CARRIES... E. ZOA-4-98 - City initiated zonin~ ordinance amendment - Roadway Buffers: City initiated zoning ordinance amendment - Roadway Buffers: The City of Eagle is proposing an ordinance amending Eagle City Code Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 7 "Landscape and Buffer Area Requirements", Paragraph J "Buffer Areas/Common Lots", Item 4; Providing a Severance Clause; and Providing an Effective Date. Brinton introduces the issue. Butler reviews the ordinance amendment. Brinton closes the public hearing. General Discussion. Trent moves to approve ZOA-4-98 - City initiated zoning ordinance amendment - roadway buffers. Moser seconds. ALL AYE. MOTION CARRIES... 6. NEW BUSINESS: school. Butler brings forth the findings of fact for the Montessori Farnworth moves to approve the findings of fact and conclusions for the Montessori school. Trent seconds. ALL AYE. MOTION CARRIES... Trent moves to approve the CU-3-98, as amended (see above motion). Farnworth seconds. ALL AYE. MOTION CARRIES... 7. REPORTS: A. Zoning Administrator B. City Attorney - City Attorney is not present. C. City Council Liaison 8. 10:10 p.m. ADJOURNMENT: Moved by Farnworth and Seconded by Trent to adjourn. ALL AYE...MOTION CARRIES... RESPECTFULLY SUBMITTED: ". """"...." ;; OF l:'~ '..... ~ ""'.0 &( ~ ~t'oa-1 '\ ~ '\ .. c", , J-A \ ~ V" " .. i Q -.- 3* .. ~ \!i>S1l..«\L d J \. 'Ii.'rJÁ. ~7 IJ ~ d\.' "ôftiJ: ^ ,\~"", f) li ¡P#~-':f\h. ".-.$.."." ~'\,." ~.f:~H f"'P ~r.: ..~ #.;0.,"" V ~ V ...-.'1> """H.~~'ttt " SHARON K. SMITH CITY CLERK/TREASURER APPROVED: Ç}J2~~~, , DONALDJ. TON CHAIRMAN A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL.