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Minutes - 1998 - Planning & Zoning - 08/03/1998 - Regular EAGLE PLANNING AND ZONING MEETING MINUTES August 3, 1998 The Planning and Zoning Commission met in regular session on August 3, 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. ABSENT: None A quorum is present. 3. REQUEST FOR APPROVAL: A. Minutes of July 20, 1998. Moved by Trent to the next meeting and Seconded by Wilson to continue the minutes of the July 20, 1998, meeting to the next meeting. ALL AYE...MOTION CARRIES... 4. CONSENT AGENDA: A. Findini:s and Conclusions for Community Family YMCA Child Care Facility - CU-5-98 - Morten Awes: Project Description - 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 lO-acre site is located on the west side of N. Seven Oaks Way approximately 480-feet north of Floating Feather Road at 1441 N. Seven Oaks Way. Brinton introduces the issue. Farnworth moves to approve the above seconded by Trent. B. OLD BUSINESS: None 5. PUBLIC HEARINGS: Chairman Brinton announced it is the time and the place for the Public Hearing. Brinton asks if any of the Commissioners have conflict with any of the issues. Wilson wishes to excuse himself from these applications. Wilson is a personal and professional friend of Ron Bath. A. RZ-5-98 - From A (A!!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 10.2-acre site is located on the northeast corner of Eagle Road and State Highway 44 at 480 S. Eagle Road. (This item was continued from the July 20, 1998, meeting) Ron Bath, 6281 Charleston Place, Boise, representing Eagle Pavilion, introduces rezone application. The issue of the development agreement is brought forth by Bath. Butler reviews the application, staff report, and development agreement. Discussion. General Shirley Christopherson, 3107 Ridgeway, Boise, representing Albertson's, has no objections to the application with the reservation of objecting at a latter date if the negotiations do not continue in a positive manner with respect to easements. Bath states there is a proposed 10,000 total square feet in landscaping. Brinton closes the public hearing. General Discussion. Commission asks legal counsel to advise on the placement of a development agreement, and area of impact for LID's. Brinton calls a five minute recess. Butler shows an overhead of the area in question. Land that is to be included in the LID. Map is to be included as part of the record. Exhibit 'A' Farnworth moves to open the item for public comment. Moser seconds the motion. All AYE. MOTION CARRIES... Brinton opens the public hearing. Ron Bath mentions he approves of the land to be included in the LID. Brinton closes the public hearing. The land included in the LID is now including Farnworth's property and he will therefore withdraw from any further discussion. Moser moves to approve RZ-5-98 - From A (Agriculture) to CBD (Central Business District) - with staff recommendations including a development agreement with modifications to page 207 of the development agreement 2.2 and 2.6 28,000 sq. ft. of open space to include parking area and no buildings allowed; 2.10 to include Exhibit' A', a map identifying boundary areas for the properties that will be included in the LID, and all standard conditions of approval. Seconded by Trent. ALL AYE. MOTION CARRIES... B. PP-4-98 - Eaele 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, 7-10t commercial subdivision located on the northeast corner of Eagle Road and State Highway 44 at 480 S. Eagle Road. (This item was continued from the July 20, 1998, meeting.) Brinton introduces the issue. Ron Bath, representing the applicant, describes the preliminary plat application. General Discussion. Butler gives a review of the staff report. Shirley Christopherson, representing Albertson's gives approval of the application and clarifies the delineation of the parking lots. Brinton closes the public hearing. General Discussion. Farnworth moves to approve PP-4-98 Eagle Pavilion Subdivision - Ron Bath as presented in the staff recommendations and sight specific conditions of approval, with the modification of #5 indicating the entrance into lot 2 and 3, and standard conditions of approval. Moser Seconds. ALL AYE. MOTION CARRIES.... C. CU-6-98 - Bank with Drive-up 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 10.2-acre site is located on the northeast corner of Eagle Road and State Highway 44 at 480 S. Eagle Road. (This item was continued from the July 20, 1998, meeting.) Brinton introduces the issue. Ron Bath, representing the applicant, presents the conditional use application. Butler presents the staff recommendations. General Discussion. Brinton opens the public comment. Shirley Christopherson, representing Albertson's, has no objections to the approval of a conditional use approval for the bank. Moser moves to approve CU-6-98 Bank with Drive-up Service - Ron Bath: as presented in the staff recommendations and sight specific conditions of approval, and standard conditions of approval. Trent Seconds. ALL AYE. MOTION CARRIES.... D. ZOA-5-98 -City Initiated Zonine Ordinance Amendment: The City of Eagle proposes to amend Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Section 1 "Districts Established, Purposes and Restrictions" to allow use of a Development Agreement in lieu of the PUD and/or conditional use process upon rezoning to the MU "Mixed Use" Zone"; and to amend Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Section 3 "Schedule of District Use Regulations to allow "Industry Research and Development" as a conditional use in the MU "Mixed Use" zone"; Brinton introduces the issue. Butler reviews the city initiated zoning ordinance amendment. Wilson moves to approve ZOA-5-98 - City Initiated Zoning Ordinance Amendment. Seconded by Farnworth. ALL AYE. MOTION CARRIES... 6. NEW BUSINESS: None 7. REPORTS: A. Zoning Administrator, Butler gives his report. B. City Attorney, Dave Bieter gives his report. C. City Council Liaison, Moser gives his report. 8. ADJOURNMENT: Moved by Wilson and Seconded by Trent to adjourn at 9:45 p.m. ALL AYE.. .MOTION CARRIES... RESPECTFULLY SUBMITTED: " .......... ~~ OF EÆ~I ..t ~ "~""" "" '" "'). ~~ .. """, ,,-^ ... c..ì". yO« ". 'Ç" ~, o~ Jil' '\; ~ CJ ~ \ .. : --- 'J -.1.. : . :"" ¡: ~. ~'t. SEAL ~-~ ~ '\1. ""'.I . ,.:"~ :: ~;;o. "..;:'.. "\ d\. ~~fuRf{\~"'" , ('j i ,,#- ~ ".....¡(" ~ ~ --" ,'^:;- O'i:'{~) 't I' ,;~..", '4'" 1::; '1'" ~~~ "'!!',"n..ø'~ APPROVED: A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL.