Minutes - 1980 - City Council - 07/08/1980 - RegularP.O. BOX 477
EAGLE, IDAHO 83616
208-939-6813
July 8, 1980
Mayor:. Jerry Deckard
Council: Floyd Decker
Carol Haley
Orval Krasen
LeRoy Pearman
The regular meeting of the Eagle City Council was called
to order by Mayor Deckard on July 8, 1980 at 7:30 P. M.
at the Eagle City Hall.
DECKER, HALEY, KRASEN, PEARMAN were present.
Moved by KRASEN and seconded by PEARMAN that the minutes
of the previous meeting of June 24, 1980 be corrected as
follows:
Page 2, Paragraph 1 typo - b~e~e~ broiler
Page 3, Paragraph 1 typo - ~e~ safer
Motion resulted as follows: AYE: DECKER, HALEY, KRASEN,
PEARMAN. Motion carried.
Moved by KRASEN and seconded by DECKER to approve Design
Review Application ~2-80 submitted by Watson and Maxey
Architects and that during the course of its deliberation,
~he Eagle City Council used Eagle City Ordinance #55 as its
guide. The following items were considered with the results
and findings as indicated.
1. Item Considered: Overall mass as well as parts of any
structure (buildings, walls, screens, towers or signs) and
effective concealment of exposed mechanical and electrical
equipment.
Findings: A. That the building mass relates to and is
consistant with the existing development in the immediate
surrounding area and the allowed use proposed by the applicant.
B. That all exposed mechanical and electrical
equipment, to include roof-top equipment, vent stacks and
similar features have been avoided.
2. Item Considered: A limited palette of colors.
Findings: That the colors used will be natural and
earthen tones to provide natural blending of materials with
the surrounding area, and that the colors being used are in
compliance with Paragraph 3, Annex B, to Eagle City Ordinance
#55.
3. Item Considered: Materials used.
Findings: That the materials used are permitted and in
compliance with Paragraph 1, Annex B, to Eagle City Ordinance #55.
July 8, 1980
Page 2
4. Item Considered: Site layout, orientation and location of
structures and relationship to one another and to open spaces
and topography, definition of pedestrian and vehicular areas,
i.e., sidewalls as distinct from parking lot areas.
Findings: A. That the site plan minimizes impact of
traffic on adjacent streets, that the pedestrian has been provided
for, and that the site design adequately provides for the
zoning district.
B. That the site layout, orientation and
location of structures and relationship to one another and to
open spaces and topography meets council approval.
7. Item Considered: Location and type of planting with
due regard to preservation of specimen and landmark trees, and to
maintenance of all plantings.
Findings: A. That the proposed landscaping meets all of the
requirements of Paragraph 6, Annex B, to Eagle City Ordinance ~55.
B. That the applicant will install a sprinkler
system for proper maintenance.
8. Item Considered: Design and appropriateness of signs as
well as of exterior lighting and, where subject to control, of
overhead utility lines.
Findings: A. That the proposed sign(s) meet all of the
requirements of Paragraph 4, Annex B to Eagle City Ordinance %55.
B. That exterior lighting does not detract from
but is harmonious with the building design.
9. Item Considered: Harmony of material, colors and composition
of those sides of the structure which are visible simultaneously.
Findings: A. That the materials used, the colors chosen,
and the composition of the building sides are generally acceptable
to this council.
10. Item Considered: Storm and surface water drainage proposals.
Findings: A. That onsite grading and drainage have been
designed so as to minimize off-site impact and provide for
erosion control.
11. Item Considered: Roofs
Findings: A. That the materials selected are in harmony
with the building design and are o~ approved materials.
12. Item Considered: Windows and Glass
Findings: A. That all windows and glass meet the
requirements of Paragraph 5, Annex B to Eagle City Ordinance
Roll call on the motion resulted as follows: AYE: DECKER,
HALEY, KRASEN, PEARMAN. Motion carried.
%55.
July 8, 1980
Page 3
Moved by HALEY and seconded by PEARMAN to approve the appointment
of Carol West to the Design Review Committee where she will be
a voting member and act as secretary to the committee.
Motion resulted as follows: AYE: DECKER, HALEY, KRASEN,
PEARMAN. Motion carried.
Mayor Deckard announced that this was the time and the
place for a public hearing on a zoning ordinance amendment
submitted by Summer's Funeral Home to operate a mortuary
with a conditional use permit in a C-2 zoning density.
There being no public testimony the hearing was declared
closed.
Moved by KRASEN and seconded by DECKER that the request from
Summer's Funeral Home for a zoning text amendment to allow
a mortuary in a C-2 zone with a conditional use be approved;
That the appropriate ordinance implementing this change be
drawn and be prepared for first reading at the next regularly
scheduled council meeting; and during the course of its
deliberations, this council has considered the following with
the findings as indicated:
1. This request is in accordance with the adopted
Comprehensive Plan.
2. The location of a mortuary within a C-2 district is
compatible with other uses within such district.
3. This council has given notice and followed the hearing
procedures in accordance with 67-6509 and 67-6511
Idaho Code and with Article ~VII of Eagle Zoning
Ordinance #40.
4. This council held a public hearing on July 8, 1980
to accept public testimony on this proposed amendment
to the zoning ordinance.
5. There was no public testimony. In addition, this
council has considered the impact this zoning text
amendment may have upon public facilities and compatibility
with the surrounding area.
AYE: DECKER, HALEY,
Roll call on the motion resulted as follows:
KRASEN, PEARMAN. Motion carried.
Mayor Deckard announced that this was the time and the place
for a public hearing on a conditional use application submitted
by Summer's Funeral Home to operate a mortuary in a C-2 zone
classification.
A letter was read by the mayor from Hazel A. Rainey, Box 425
Eagle, Idaho supporting this conditional use application.
There being no further testimony, the public hearing was
declared closed.
Moved by KRASEN and seconded by HALEY that the conditional use
permit be granted Summer's Funeral Home for establishing a
mortuary in a C-2 zone. During the course of its deliberations,
July 8, 1980
Page 4
this council has considered the following with the findings as
indicated:
1. This application required an amendment to the zoning ordinance
which was approved.
A mortuary will be harmonious with and in accordance with the
general objectives or with any specific objectives of the
Comprehensive Plan and/or the Zoning Ordinance.
The applicant has agreed that this building will be remodeled,
operated and maintained to be harmonious and appropriate
in appearance with the existing and intended character
of the general vicinity and that such use will not change the
essential character of the same area.
4. The mortuary will not be hazardous or distrubing to existing
or future neighboring uses.
The mortuary will be served adequately by essential public
facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water,
sewer and schools. Further, the applicant has agreed that
there will be no business parking allowed on State Street.
The mortuary will not create excessive additional requirements
at public costs for public facilities and services and will
not be detrimental to the economic welfare of the community.
The mortuary will not involve uses, activities, processes,
materials, equipment and conditions of operation that will
be detrimental to any persons, property or the general
welfare by reasons of excessive projection of traffic, noise,
smoke, fumes, glare or odors.
The mortuary will have vehicular approaches to the property
and will have proper control over traffic entering State
Street during a funeral procession.
The mortuary will not result in the destruction, loss or
damage of a natural, scenic or historic feature of
major importance.
10. The mortuary must meet off street parking requirements of
Section D, Article XIV of Eagle Zoning Ordinance #40.
11. The applicant must meet the requirements of the Design
Review Ordinance when remodeling the exterior of the
building.
Roll call on the motion resulted as follows: AYE: DECKER,
KRASEN, HALEY, PEARMAN. Motion carried.
July 8, 1980
Page 5
A Design Review Report was submitted by Chairman Ron Marshall
for the Summer's Funeral Home and a colored elevation was
shown by Alan Olson.
Moved by KRASEN and seconded by DECKER that this application
be postponed until the next regularly scheduled meeting.
Motion resulted as follows: AYE: DECKER, KRASEN, HALEY,
PEARMAN. Motion carried.
Mary Alice Davis and son Shawn reported to the council that
Shawn was not operating a greenhouse as so reported, but merely
selling home grown plants to make money for a ski pass.
Mayor Deckard relinquished the chair to Council President Krasen
for the next item on the agenda.
Moved by PEARMAN and seconded by DECKER to transfer the beer
and wine license of Eagle Beverage from Jerry Deckard to
Rick Yzaguirre.
Motion resulted as follows: AYE: DECKER, KRASEN, HALEY,
PEARMAN. Motion carried.
Mayor Deckard resumed the chair.
A conditional use application #80-12-CU for Marcum Land Co.
to extract and crush gravel and operate asphalt and/or concrete
batch plant in the Area of Impact approximately 1000 feet
north of Chinden Boulevard north of the Thurman Mill Canal
and 800 feet south of the Boise River was received from Ada County.
Approximately 20 people were in the audience to discuss this
application.
Two letters of opposition were read and one petition in
opposition was submitted by property owners living close to
this area.
Twelve residents spoke in opposition to this application and the
owner, developer, family and attorney spoke in favor of it.
Moved by KRASEN and seconded by DECKER that the Ada County
Zoning Department be notified of the following:
That copies of the documents presented this council and
a summary of the testimony given be forwarded to the
Ada County Zoning Department.
That due to the public testimony given in opposition to
this application, this Council recommends that the applicant
demonstrate that the application will not cause damage,
hazard, nuisance or detriment or show how these concerns
can be mitigated.
Ce
That the Reclamation Plan submitted with the application does
not meet with the approval of this council since it does not
contain sufficient data upon which a decision can be made.
Further, it is recommended that a Restoration Plan be
July 8, 1980
Page 6
submitted by the applicant to this council for approval prior to
final approval of the conditional use permit.
It has been further noted by this council that this application
does not fall within the area designated for sand and
gravel extraction on the Ada County Comprehensive Plan
Map adopted June 22, 1977.
Moved by DECKER and seconded by PEARMAN to amend the previous
motion to add that the Eagle City Council encourages the
Ada County Zoning Commission to deny this application for
the reason that it violates the Eagle Comprehensive Plan.
Roll call on the amendment resulted as follows: AYE: DECKER,
PEARMAN. NAY: KRASEN, HALEY. Mayor Deckard was called upon
to break the tie. Mayor Deckard voted NAY. Motion died.
Moved by HALEY and seconded by DECKER to amend the original
motion to add that the Eagle City Council,~oes not recommend
that this application be approved.
A five minute recess was declared.
HALEY and DECKER withdrew the amendment to the original motion.
A substitute motion was offered by DECKER and seconded by
PEARMAN that copies of the documents presented and a summary
of the testimony given this council be forwarded to the Ada
County Zoning Department. That the reclamation plan submitted
with the application does not meet with the approval of this
council since it does not contain sufficient data upon which a
decision can be made and that the Eagle City Council recommends
to the Ada County Zoning Department denial of the Conditional
Use Application #80-12-CU submitted by Marcum Land Company.
Roll call resulted as follows: AYE: DECKER, HALEY, PEARMAN.
NAY: KRASEN. Motion carried.
Moved by KRASEN and seconded by PEARMAN to approve the claims
against the city with the exception of a check to Aerial
Mapping in the amount of $88.71.
Motion resulted as follows: AYE: DECKER, HALEY, KRASEN,
PEARMAN. Motion carried.
Mayor Deckard made the following appointments to the Area of
Impact Negotiating Committee.
Carol Haley to replace Andy Pollard and Robert Shade to replace
Don Brooks.
Moved by KRASEN and seconded by DECKER to confirm the appointments
of Haley and Shade to this committee. Motion resulted as
follows: AYE: HALEY, KRASEN, DECKER, PEARMAN. Motion carried.
July 8, 1980
Page 7
Vern Schoen, Eagle Building Inspector, asked the council
to adopt the 1979 Building Code to replace the 1976
Building Code which is currently being used.
There being no further business to come before the council,
the meeting was adjourned.
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