Minutes - 1998 - Planning & Zoning - 07/20/1998 - Regular
EAGLE PLANNING AND ZONING MEETING
MINUTES
July 20, 1998
The Planning and Zoning Commission met in regular session on July 20, 1998. Chairman
Brinton presiding.
1.
CALL TO ORDER:
2. ROLL CALL: The following members were present: BRINTON, FARNWORTH,
MOSER, TRENT, WILSON. Present. A quorum is present.
3.
REQUEST FOR APPROVAL:
A. Minutes of June 15, 1998
B. Minutes of June 29, 1998.
C. Minutes of July 6, 1998.
Moved by Farnworth and seconded by Moser to approve the minutes of the June 15,
1998 meeting as presented. ALL AYE...MOTION CARRIES.
Moved by Wilson and seconded by Farnworth to approve the minutes of the June 29,
1998 meeting as presented. 4 AYE, Farnworth Abstains...MOTION CARRIES.
Moved by Farnworth and seconded by Trent to approve the minutes ofthe July 6,1998
meeting as corrected. ALL AYE...MOTION CARRIES.
4.
CONSENT AGENDA:
. Consent Agenda items are considered to be routine and are acted on with one motion.
There will be no separate discussion on these items unless the Chairman, Commissioner,
member of City Staff, or a citizen requests an item to be removed from the Consent
Agenda for discussion. Items removed from the Consent Agenda will be placed on the
Regular Agenda in a sequence determined by the Rules of Order.
. Any item on the Consent Agenda which contains written Conditions of Approval from
the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board
shall be adopted as part of the City Council's Consent Agenda approval motion unless
specifically stated otherwise.
Brinton removes both items from the consent agenda, as Farnworth must recuse himself from
item 4A, yet would like to vote on item 4B.
A. Findin~ and Conclusions for Rocky Mountain Business Park - CU-4-98/PPUD-I-98/PP-
3-98 - Reid Merrill Jr.: Project Description - 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.
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Brinton introduces the item.
Brief discussion between Commission and Butler.
Wilson moves to approve the findings and conclusions for Rocky Mountain Business Park
CU-4-98/PPUD-1-98/PP-3-98 as amended. Seconded by Moser. 4 AYE, Farnworth
abstains. MOTION CARRIES.
B. Findinl! and Conclusions for RZ-3-98- James Beard: Project Description- James Beard,
represented by James Gipson, is requesting a rezone from R-4 (Residential) to CBD (Central
Business District). The 0.3-acre site is located on the south side of Aikens Road approximately
250-feet east of Eagle Road at 79 East Aikens Road.
Farnworth moves to approve the findings and conclusions for RZ-3-98.
Trent. ALL AYE...MOTION CARRIES.
Seconded by
5. OLD BUSINESS: None
6. PUBLIC HEARINGS:
Chairman Brinton announced it is the time and the place for the Public Hearing.
A. CU-5-98 - Child Care Facilitv - Morten Awes: Community Family YMCA, represented by
Morten Awes with Awes-Hutchison Associates, is requesting conditional use approval for a
2,044 sq. ft. building to be used as a child care facility. The 10-acre site is located on the west
side ofN. Seven Oaks Way approximately 480-feet north of Floating Feather Road at 1441 N.
Seven Oaks Way.
Brinton introduces the item.
Morten Awes, 1324 W. Idaho St. Boise, ID 83702. Gives a review of the application. General
discussion.
Jim Evert 10945 Jamie Rd. Addresses concerns voiced by the Commission and explains the
need for this facility.
Butler gives a review of staff report. Reiterates that this application has not been presented as a
temporary structure. Butler directs the Commissions attention to three letters which were
received today regarding this application. (copies attached)
General discussion.
Brinton opens the public hearing.
Jim Murray, 1988 N. Sevenoaks Way Eagle, Idaho. Feels this would be an excellent use to this
site. Being a parent with children attending Sevenoaks School and a member of the YMCA he
strongly urges the approval of this application. Supports the five year time table for a review of
this application.
Chelsea Murray, 1988 N. Sevenoaks Way Eagle, Idaho. A fifth grader at Seven Oaks
Elementary reiterates the need for the YMCA as it is an excellent asset to the children.
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Steve Hoke, 1636 N. Dunsmuir Way Eagle, Idaho. Voices his approval of this conditional use
application.
Morey Levi 1571 N. Trellis Eagle, Idaho. Feels the YMCA is an excellent program, but as an
adjacent property owner to the school he sees the problem with children climbing over the fence,
driving on the grounds and other violations in which the Sheriffs Department has had to be
contacted. He opposes another structure which could draw more unlawful use. He is against the
day care center being placed at the school, but not against the YMCA itself.
Gary Jones, 1704 N. Princeton Way Eagle, Idaho. Supports the child care center. Feels the
architecture of the building is in harmony with the existing building. Appreciates the fact that it
is located on the school grounds and transportation of his children is limited because of the
location of the day care.
Dave Amyx, 1380 Quarter Eagle, Idaho. He is in favor of the application. Feels it is a
wonderful public and private partnership. Also likes the fact that the day care is located on site,
thus reducing the chance of an accident.
Rene Stiner, 2433 Bancroft Ct. Eagle, Idaho. Is the coordinator of the YMCA program.
Discusses different projects the children are involved in i.e. plantings, trash pick up, etc. Feels
having the child care on site leads to a sense of pride and ownership for the children.
Bob Nunez 572 Mango Drive Eagle, Idaho. Feels the YMCA will provide an excellent tool for
older children (II-up), as a positive alternative to creating mischief. At some point children no
longer care for the term "day care", but the YMCA does not carry the same stigma as day care.
Excellent activities and opportunities.
Barbara Dean 10300 Jay Rd. Eagle, Idaho. Her child attends the YMCA. Feels the programs
and teachers make a positive impact on the children. The ability to have access prior to and after
school is an excellent option for parents. Is in favor of having the facility on site. Concerned
about what will happen if it is not approved.
Craig Delagardel1438 N. Ellington Place Eagle, Idaho. Is against the current application.
Supports the YMCA. Doesn't think the building will be large enough in two to three years.
Would rather have the school remodeled to add room for the day care. Concerned with the
recreational facilities for the children. Feels the long term plan is lacking in this application.
Reiterates he is against the application.
Deann Young 2464 E. Lenox Ct. Eagle, Idaho. Her daughter attends the YMCA. She supports
the application. Feels the structure will fit in well with the existing school.
Jim Evert rebuts testimony regarding vandalism. Thanks those in attendance for their positive
support. General discussion. Morten Awes answers questions posed by the Commission.
Dixie Grant 1438 N. Ellington Place Eagle, Idaho. Concerned that the maximum number of
children that can be served by the child care, and may soon be reached. Also questions where
the next building will be placed. (Brinton states that this was addressed in earlier testimony. )
Ms. Grant questions if the proposed building will be removed if the needs outgrow it? Who is
responsible to replace the landscaping once the building is removed?
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Jim Evert addresses Ms. Grants concerns. Unfortunately at the time they are unable to afford a
larger facility. May be able to utilize this structure at another site if it comes to that.
Brinton notes for the record that the letters received today (mentioned above) were submitted by
Susan Churchman and Susan Craft in favor of the facility and by Ken Smith against.
Rene Stiner reviews the research process she went through to locate an alternate structure for the
YMCA. Unable to obtain a cooperative agreement with local churches, land was too costly in
Eagle. General discussion between Ms. Stiner and Commission.
Jim Evert addresses concerns voiced by Farnworth.
Brinton closes the public hearing.
Discussion amongst Commission. Trent addresses concerns voiced regarding the YMCA being a
non-profit entity. Feels the existing needs should be addressed rather than ignore the needs
because of "what ifs". Wilson discusses public testimony given tonight. He is concerned with
the structure appearing like a temporary building. Moser shares the same concern that Mr.
Wilson stated. Farnworth sees the need for the child care facility. Brinton feels a five year
review period would be advisable for this application. Also feels that should the building be
removed the landscaping should be restored, with the exception that the trees should be allowed
to remain.
Moser moves to approve CU-5-98 - Child Care Facility with site specific and standard
conditions of approval. Adding the following site specific conditions: Five years from the
date of approval the conditional use shall be subject to City Council review. And should the
building be removed the landscaping shall be restored, with the exception that the trees
shall be allowed to remain. Seconded by Wilson. ALL AYE...MOTION CARRIES.
B. RZ-5-98 - From A (Ai!riculture) to CBD (Central Business District) - Ron Bath: Eagle
Pavilion Investors, LLC, represented by Ron Bath, is requesting a rezone from A (Agriculture) to
CBD (Central Business District). The to.2-acre site is located on the northeast corner of Eagle
Road and State Highway 44 at 480 S. Eagle Road. (Staff recommends that this item be continued
to the August 3, 1998, meeting because the applicant has not submitted the environmental impact
analysis for staff review.)
C. PP-4-98 - Ea~le Pavilion Subdivision - Ron Bath: Eagle Pavilion Investors, LLC,
represented by Ron Bath, is requesting preliminary plat approval for Eagle Pavilion Subdivision,
a 10.2-acre, 7-lot commercial subdivision located on the northeast corner of Eagle Road and
State Highway 44 at 480 S. Eagle Road. (Staff recommends that this item be continued to the
August 3, 1998, meeting because the applicant has not submitted the environmental impact
analysis for staff review.)
D. CU-6-98 - Bank with Drive-un service - Ron Bath: Eagle Pavilion Investors, LLC,
represented by Ron Bath, is requesting a conditional use permit for a 4,200 sq. ft. bank with
drive-up service. The to.2-acre site is located on the northeast corner of Eagle Road and State
Highway 44 at 480 S. Eagle Road. (Staff recommends that this item be continued to the August 3,
1998, meeting because the applicant has not submitted the environmental impact analysis for
staff review.)
Brinton notes that staff has requested the continuance of items 6 B,C and D because the applicant
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has not submitted the environmental impact analysis for staff review.
Farnworth moves to continue items 6 C,D, E to the August 3rd meeting. Seconded by Trent.
ALL AYE Wilson abstains...MOTION CARRIES.
E. RZ-6-98 - From R-4 (Residential) to CBD (Central Business District) - Kathleen Elliott:
Elliott Industrial Company, represented by Kathleen Elliott, is requesting a rezone from R-4
(Residential) to CBD (Central Business District). (The property had received City Council
approval for rezone to C-2 on July 7, 1993. However, a defective legal description halted the
map amendment). The O.5-acre site is located on the east side of S. Kestrel Place approximately
100-feet south of State Street and approximately 560-feet west of Eagle Road at 174 S. Kestrel
Place.
Brinton introduces the item.
Butler reviews Ms. Elliott's application and discusses the history of this item.
Kathleen Elliott 424 Pebble Beach Way Eagle, Idaho. Has spoke to two of the three property
owners and they were aware that the property in question would be developed as commercial.
Her main goal is to clear up the maps so that future owners of the property would not encounter
any hardship.
Brinton opens the public hearing.
Eugene Bashe1l286 Neskowin Way Eagle, Idaho. His main concern was the type of business
which might be occupying this property in the future.
Brinton closes the public hearing.
Discussion amongst the Commission. Farnworth is pleased with the effort the City has made to
help rectify this situation, and that they have waived the fees. Moser has no problem with the
application.
Farnworth moves to approve RZ-6-98 from R-4 to CBD as recommended by staff.
Seconded by Trent. ALL AYE...MOTION CARRIES.
7.
NEW BUSINESS:
A. Findin2s and Conclusions for RZ-6-98- Kathleen Elliott: Project Description - Elliott
Industrial Company, represented by Kathleen Elliott, is requesting a rezone from R-4
(Residential) to CBD (Central Business District). (The property had received City Council
approval for rezone to C-2 on July 7, 1993. However, a defective legal description halted the
map amendment). The O.5-acre site is located on the east side of S. Kestrel Place approximately
100-feet south of State Street and approximately 560-feet west of Eagle Road at 174 S. Kestrel
Place.
Brinton introduces the item.
Butler points out minor revisions to the findings.
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Wilson moves to approve findings of fact and conclusions of law for RZ-6-98 with the
corrections discussed. Seconded by Moser. ALL AYE...MOTION CARRIES.
8.
REPORTS:
A. Zoning Administrator: Butler comments on events from the last Council meeting i.e.
Morning Meadows, Wintry River issue, and the Zamzow's application.
B. City Attorney: Commission requests direction as to when it is appropriate to testify
as an Eagle citizen. When does their status as Commissioners get in the way of their
testimony. Mr. Bieter will get back to the Commission regarding this matter.
C. City Council Liaison: Farnworth has nothing to add to what Butler reported
regarding the last Council meeting.
9. ADJOURNMENT: Moved by Trent and seconded by Wilson to adjourn. ALL
AYE.. .MOTION CARRIES.
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APPROVED:
A TRANSCRIBABLE RECORD OF TillS MEETING IS AVAILABLE AT CITY HALL.
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