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Minutes - 1998 - Planning & Zoning - 10/26/1998 - Regular ORIGINAL EAGLE PLANNING AND ZONING MEETING MINUTES October 26, 1998 The Planning and Zoning Commission met on October 26, 1998, at the Eagle Senior Center. Chairman Brinton presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present: DONALD BRINTON, F ARRIN FARNWORTH, GENEVA TRENT,. ABSENT: LYNN MOSER, AND FRED WILSON. A quorum is present. 3. REQUEST FOR APPROVAL: A. Minutes of October 19, 1998 Farnworth moves to continue the minutes of October 5, 1998 to the November 2, 1998, meeting. Trent seconds. ALL AYE. MOTION CARRIES... Farnworth moves to switch the order of the agenda items A and B. 4. OLD BUSINESS: None 5. PUBLIC HEARINGS: Chairman Brinton announced it is the time and the place for the Public Hearing. Brinton explains the process of public hearings. A. CPA-I-98 & RZ-2-98 - Eaele River Development (Grossman Properties)- Eaele River. LLC: Eagle River, LLC, represented by Bill Clark, is requesting approval of a comprehensive plan amendment from Public/Semi-Public to Commercial and from Medium Density Residential to Commercial, Mixed Use, Public/Semi-Public; and a rezone from A (Agriculture) and M-IA (Industrial Park District) to PS-DA (Public/Semi- Public), R-4-DA (Residential), C-3-DA (Highway Business District), and MU-DA (Mixed Use) with a development agreement. A portion of the proposed change from the residential land use designation to the Public/Semi Public land use designation and M-IA zoning designation to PS-DA zoning designation is City initiated for a City park. The 93- acre site is located on the southeast corner of State Highway 44 and S. Eagle Road. NOTE: CPA-I-98 & RZ-2-98 should be heard together since they are significantly interrelated by means of the development agreement. However, CPA-I-98 must be acted on prior to RZ-2-98. (This item was continued/rom the October 19,1998 Commission Meeting.) Brinton introduces the issue and explains that the discussion with the Grossman's for the park has been discontinued until the comprehensive plan is completed. Bill Clark 479 Main Street, Boise. Bill Clark displays a map of the area at issue and explains that this land will be developed over a long period of time. Clark describes the many positive dimensions that will be created by the development of this area. Clark shows slides of possible future designs. The Ballantyne Canal goes through the property and will have to be put underground when the property is developed. The wetlands are also located within the property and will need to be mitigated. Since this area is in the 100 year flood plain, Clark describes the method of drainage for the water if a flood were to occur. Elevations of the streets, both inside and outside the development, are discussed. Trent asks if any research has been done on the demand for high density in the city of Eagle. General discussion of the different types of high density residential living. Butler gives a review of a staff report and the process necessary to create the staff report. Three major concerns of staff: Central business district Floodplain Highway 44, pedestrian!bicyc1e safety Butler addresses the development agreement. Bieter arrives. Butler addresses city code and the existing conflicts. Dave Bieter, 999 Main Street, Moore & McFadden, addresses the interpretation and application of provisions of conflicting codes. Title ten does state 'whichever imposes the more stringent restrictions shall prevail.' As it addresses this application, it probably makes sense to move the application along and City Council will address this issue in the October 27, 1998 meeting. Testimony should be taken on this issue if anyone wants to address it. Brinton reiterates testimony will only be allowed on this issue. Later this evening the public hearing will open up to any other comments regarding the comprehensive plan. Brinton announces a 10 minute break. Sharon Barnard, 212 E. Ranch Drive. Air quality, keep wood standards in mind. Ifland is given to the city, do we have funds to maintain that land. Steirman is already conjested, do not make it a connector. Tony Loucks, 839 E. Linder Road. Represents the Balantyne Ditch Company. The irrigation system is in jeopardy. Lydia Gutierriz, Against the project, feels that if other retailers are allowed in, downtown merchants will suffer. Jason Neagel , 300 W. State, representative of Kings. Kings owns all ofthe shopping center and iftheir business was in jeopardy it would effect all of the other establishments in that shopping center. Tom Holloway, Albertsons, 250 S. Eagle Road. Is against the development of this area. Feels this would devastate the downtown business district. Betty Keenan, 2903 Gold Creek Street, Why do people spend time and money on comprehensive plans, and developers come in with ideas and the comprehensive plans are revised to meet the new developers. Pat Miller, 959 Preakness, wants a good pedestrian, bicycle pathways need to be sufficient or downtown will die. Ground water is a real issue. Parking lots below the water table is a real issue. Betty Miller, 959 Preakness, concern for downtown. Is the development going to be unique, how is she going to get there?, this development will add more traffic, flood plain. Rudy Andersen, 132 E. Woodlander, Island Woods Homeowners Association. A petition is distributed to the Commissioners. See Exhibit. How would you feel about a three story motel in your back yard? What effect will this have on the homeowners? Not against development, but it should be developed to enhance the surrounding property owners. This is a destruction ofthe current comprehensive plan. Hope the staff report is not already a done deal. (11 homeowners in attendance) Laura Kubinski, 4193 S. Pinerest, Boise, representing Albertsons. This development is not within the central business district, also other discrepancies lie within the comprehensive plan and the Eagle River Development. Brinton would like a copy of Laura's written presentation submitted to the Commission. Jan Castaneda, 3320 S. Whitepost Way, in 1992 Planning and Zoning and City Council began to prepare a roadmap for Eagle's growth. A proposed land use map from 1992 is shown to the Commission. Individuals invested millions of dollars in the comprehensive plan that was established. The development along the river will have a negative effect on the wild life, and environmental resources in that area. The property rights of individuals was a large concern. How are we protecting or enhancing the community. Mark Sieler, 1125 Steeple View Drive, represents the citizens for preservation for a rural eagle. Growth is a positive thing if it is done in a well planned atmosphere. The RURAL ATMOSPHERE continues to be an issue. Why, because it relieves us of the burdens that urban growth puts on individuals. Because of the standards Eagle has created the demand to live in Eagle will always exist. The issue of supply and demand is discussed with Trent. Ron Bath, Temporary residence is 316 W. Bannock, a developer in Eagle, is currently building a home in Eagle. As a result of that as a concerned citizen and feels there is no doubt that this development will move the central business district to the new development. Category killers are developments that allow all uses under one roof, therefore you need not go anywhere else. Ralph Kotosk, 300 E. Woodlander, here to protest the proposals, do not allow further development within the flood plain. Protest a three story motel, and the high density of any proposal. Don Knickrehm, 1203 Mace Road. Opposed to the Grossman development as it is today. The development agreement posses many problems. 3-2-2 page 3 The 150,000 sq ft cap of retail space allowed does not include many of the items. 195,000 sq ft of retail can be allowed in this plan. That is more than all of the downtown space. Steve Deckers, 2249 Dicky Circle, was a member of the focus land use group. Would this project help or hurt the downtown businesses? There is a missing 20 acres ofland missing in this project. Concept of no net loss, in relation to the flood plain, and future flooding. Stan Leis, 372 Woodlander Court, speaks in protest of the development under consideration. Agrees with all discussion so far. Dikes in this valley all have green belt pathways, but not on this development. Opposed to the density, traffic, building on the flood plain. Silvan Williamson, on the other side ofIsland Woods Subdivision. Has five separate buildings on the property and they have never been flooded. Robert K Banks 1542 N. Parkforest, has lived in Eagle for several years and wants to add his opinion to the other input for the citizens. Works for Albertsons. Is aware of what happens to cities that do not plan well. This plan will have a devastating effect on downtown business district. Phil Carney, 1353 Travino, courage Eagle to stick to the current comprehensive plan. Each time we have an amendment, we change the plan. We currently have enough retail zoned land. Encourage Commission to deny this project. Brinton will leave this item open for public comment, but limit it to the conflict in the interpretation of the laws. Bill Clark has a rebuttal. Would like to emphasize that there are two separate issues here. The comprehensive plan is a separate issue, and can be acted upon. The dominant part of this development is for business. The retail part is small, but significant. Was attempting to show that you can have the rural atmosphere and still have other projects. Is planning to give the city 20 acres ofland for a park as well as access to the river. Feels we should be focusing on the general use of the land and not the specifics. Farnworth moves to close this public hearing to November 9, 1998 meeting, limiting it to the conflict in the interpretation of the Eagle City Code pertaining to the flood plain. Trent seconds. ALL AYE. MOTION CARRIES... Brinton announces a 10 minute break. B. CP A-6-97 - City Initiated Comprehensive Plan amendments - City of Eagle: The City of Eagle is proposing to amend its Comprehensive Plan and Land Use Map. The Plan and Map are official policy documents for the City and its Area of Impact and are intended to provide the vision, goals, policies and implementation actions that will guide the community's development. The Plan addresses the following components: Property Rights, Population and Growth, Economic Development, Public Services, School Facilities, Land Uses, Natural Resources and Hazardous Areas, Transportation, Parks, Recreation and Open Space, Housing, Community Design and Cultural Resources. The Plan also includes a Land Use Map that, in part, illustrates types ofland uses and residential densities for Eagle and its Area of Impact. (This item was continued/rom the October 19, 1998, Commission Meeting) NOTE: The public hearing for this item should be held after the following Comprehensive Plan amendment application. This is to help assure that comments regarding a specific application are made during the hearing for that specific application and not solely during the hearing for this item (CP A-6-97). After the public hearings are closed, deliberation should take place on this item (CP A-6-97) first. Butler explains the comprehensive plan, its creation, use, and definition. Explains the reason for changes in the comprehensive plans transportation, traffic, and roadways. Ada Planning Association gave Eagle an extensive report on the future growth and the effect on traffic within Eagle. Statistics are given to demonstrate the traffic flow. Using maps and an overhead, Butler describes the options to increase the efficiency and safety of the roadways in Eagle. The focus groups thought this issue should have more study before making changes in the comprehensive plan. Brinton opens the public hearing. Sharon Barnard, 212 Ranch Drive, 2 letters are distributed. Earl Barnard, 212 Ranch Drive, is concerned about the safety on Ranch Drive, would like to have it removed as a collector. Dawn Malany, 220 Mango, against Ranch Drive as a collector. Larry Qualo, 1800 W. Gulch, land use issue, on the draft ofthe comprehensive plan are not the same as Roni Pratt, Ada Planning Association, gave him. Cameron Mago, and Roni Pratt concluded that the trips per day is a theoretical number. Would like to have those individuals come to a meeting and give information concerning the statistics. Pat Miller, 959 Preakness, the comp plan is a balance between quality of life and economic growth. Jan Castaneda, 3320 S. Whitepost Way, land use issue is truly a balancing act. Urge Commission to look at the comp plan and find out why the land is designated in the way it is. Mike Sieler, 1125 Steeple View, concerned about the individuals in Eagle, and their rights. We need to preserve our community to maintain our ideals. Ken Smith, 1756 E. Stonybrook, Why have a comp plan if we are going to amend for each developer that comes along. Dennis Baker, 250 Beachwood, density as defined by different individuals. Land use plan needs clarity. Discusses flood way, flood plain, and central business district. Kevin Joplin, Joplin Family Trust, owned the land currently Island Woods, sold the land in 1990 and there has been seven changes in the comp plan since. It is very hard to plan your economic future if you can not plan on a cities comp plan. Brinton puts the individuals remaining on the list on the first of the list for the next meeting. Farnworth moves to continue this meeting until November 9,1998. 5. ADJOURNMENT: Moved by Farnworth and Seconded by Trent to adjourn at 10:35 p.m.. ALL AYE...MOTION CARRIES... RESPECTFULLY SUBMITTED: """""ÖF~R~... ~ ~..."-.e. a<~ "- (,j ~fOR-1,.'\ "\ c",c ~ \ .. SHARONK. SMITH æ *. --- .f* i CITYCLERKITREASURER \ \~Sr~L~ : .. .. <è ..:;r # \;#~~..."t~~~:;;.~~ ~.I ~.f: ~ '.' -(\.....~.¡.fi '.. - Of \,v>¡¡,., "'~..¡It......i APPROVED: Ç)~~. DONALD 1. ON CHAIRMAN A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL.