Minutes - 2001 - Planning & Zoning - 10/15/2001 - Regular
ORIG'INAL
EAGLE PLANNING AND ZONING COMMISSION
October 15,2001
6:30 PM
The Planning and Zoning Commission met in regular session on October 15,2001 Chairman
Franden presiding.
1.
CALL TO ORDER:
2.
ROLL CALL: The following members were present FRANDEN, BLOOM,
DECKERS, CADWELL. Absent: NORDSTROM. A quorum is present.
3.
CONSENT AGENDA:
A. Minutes of October 1, 2001.
B. Minutes of October 4, 2001.
e. Findine:s of Fact and Conclusions of Law for A-3-01 & RZ-6-01 - Annexation
and Rezone from RUT to R-E - Joe Glaisyerl Capitol Securities: Joe
Glaisyer/Capitol Securities, represented by David Bailey with Hubble Engineering
Inc., is requesting a rezone upon annexation from RUT (Rural Urban Transitional)
to R-E (Residential Estates - 1 dwelling unit per two acres). The 61.94-acre site is
generally located on the northwest corner of Floating Feather Road and Meridian
Road. .
D. Findine:s of Fact and Conclusions of Law for PP-6-01 - Cavallo Estates
Subdivision - Joe Glaisyerl Capitol Securities: Joe Glaisyer/Capitol Securities,
represented by David Bailey with Hubble Engineering Inc., is requesting
preliminary plat approval for Cavallo Estates Subdivision. The 61.94-acre, 33-lot
(30-buildable) residential subdivision is generally located on the northwest corner
of Floating Feather Road and Meridian Road.
E. Findine:s of Fact and Conclusions of Law for A-6-01 & RZ-O9-01 -
Annexation and Rezone from RUT to R-l- Brie:hton Corporation: Brighton
Corporation, represented by Wardle & Associates, is requesting a rezone upon
annexation from RUT (Rural Urban Transitional) to R-I (Residential- up to one
unit per acre). The 124.3-acre site is generally located on the northwest corner of
Meridian Road and Chinden Boulevard.
F. Findine:s of Fact and Conclusions of Law for PP-ll-Ol - McKay Subdivision-
Brie:hton Corporation: Brighton Corporation, represented by Wardle &
Associates, is requesting preliminary plat approval for McKay Subdivision. The
124.3-acre, 1I2-1ot (98-buildable, 14 common) residential subdivision is generally
located on the northwest corner of Meridian Road and Chinden Boulevard.
G. Findine:s of Fact and Conclusions of Law for PP/FP-I-Ol- Mixed Use
Subdivision #2 (formally known as Eae:le River Subdivision) - Eae:le River,
LLC: Eagle River, LLC, represented by Bill Clark with Clark Development, is
requesting combined preliminary plat and final plat approval for Mixed Use
Subdivision #2 (formally know as Eagle River Subdivision). The 46.4-acre, IO-Iot
(9 commercial, 1 residential) subdivision is located on the southeast corner of
Eagle Road and State Highway 44.
H. Findine:s of Fact and Conclusions of Law for RZ-12-00 MOD - Development
Ae:reement Modification - Coulter Properties LLC: Coulter Properties LLC,
represented by Mark Butler with Land Consultants Inc., is requesting a change to
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I.
the conditions within the development agreement and a change to the concept site
plan previously approved by the City for rezone application RZ-12-00 (rezoned
from A (Agricultural) to MU-DA (Mixed Use with a Development Agreement)).
The 24.84-acre site is located on the west side of Edgewood Lane approximately
2,000-feet north of East State Street.
Findines of Fact and Conclusions of Law for RZ-I0-01- Rezone from A to R-
E - Mike Malterre: Mike Malterre, represented by Phil Hull with Land Group,
Inc., is requesting a rezone from A (Agricultural) to R-E (Residential Estates - up
to one unit per two-acres). The 9.87 -acre site is generally located south of Floating
Feather Road approximately 600-feet east of Ballantyne Road, at 1795 W. Floating
Feather Road.
Deckers removes items 3F & 3H from the consent agenda for discussion.
Deckers moves to approve the consent agenda as presented. Seconded by Bloom. ALL
A YE...MOTION CARRIES.
Deckers moves to approve item 3F as amended. Seconded by Bloom. ALL AYE...
MOTION CARRIES.
Deckers moves to approve item 3H as amended. Seconded by Franden. 2 AYE (BLOOM
& CADWELL abstained)...MOTION CARRIES.
4. OLD BUSINESS: None
5.
PUBLIC HEARINGS:
Deckers moves to continue item 5C to the November 5, 2001, Planning & Zoning Meeting
and item 5D to be renoticed to a further date. Seconded by Bloom. ALL
A YE...MOTION CARRIES.
A. CU-08-01 - 67-foot hieh Personal Wireless Facility - Owest Wireless LLC: Qwest
Wireless LLC, represented by Kevin Galik with Tetragenics, is requesting conditional use
approval to replace an existing 37-foot high Idaho Power wood utility pole with a 67-foot
high wood pole to accommodate a personal wireless facility. The existing pole is located
within the ACHD right-of-way adjacent to the Eagle Middle School at 1000 W. Floating
Feather Road. (This item was continued from the October 1, 2001, Planning & Zoning
Meeting).
Franden introduces the item.
Michael Katey, 12310 E. Mirabeau Parkway, Spokane W A with Tetragenics. Mr. Katey,
representing the applicant presents the application. The pole that they are proposing is very
slender and has a low visual impact, but because of its size you are not able to co-locate.
Jeff Lowe, city staff presents the staff report. Mr. Lowe states from the Eagle City Code
reasons for staff denial of this application.
Deckers asks city attorney, John McFadden, to explain to the audience the ability to regulate
cell towers on the basis of health regulations.
Franden opens the public hearing.
Rod Goodwin, 1248 Pemlico, Eagle. The tower is being placed in a residential school zone
and this type of structure is not appropriate to this area. It would be an eyesore for the
neighbor. Mr. Goodwins wife has submitted a petition with 65 signatures opposing the facility.
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Mr. Katey provides a rebuttal. Mr. Katey states that the whole idea is to make this a stealth
facility. He does not think that the community is really aware of what type of facility this pole
will be and thinks that this would fit into the community.
Cadwell asks the applicant if we really need another cell tower for better service.
Franden closes the public hearing.
Deckers asks staff if there are other areas in town better suited for this tower.
Cadwell is opposed to another cell tower and does not like the location
Deckers states that in order to allow this proposal, the applicant would have to change the city
code.
Bloom and Franden agree with Deckers and Cadwell.
Bloom moves to deny CU-O8-01- 67-foot high Personal Wireless Facility - Qwest
Wireless LLC based on staff recommendations and city code. Seconded by Deckers.
ALL A YE...MOTION CARRIES.
Franden calls a brief break
B. RZ-17-00 - Rezone from A-R to MU-DA - Lloyd Campbell: Lloyd Campbell is
requesting a rezone from A-R (Agricultural-Residential) to MU-DA (Mixed Use with
Development Agreement). The 1.09-acre site is located west of State Highway 55
approximately 150-feet south of Beacon Light Road at 12700 Horseshoe Bend Road.
Franden introduces the item.
Lloyd Campbell, 12655 Highway 55, Eagle. Mr. Campbell would like to rezone this small
parcel so he can have a fruit stand at this location. Mr. Campbell passes out a color photo with
a picture of what he intends to build at this site. Would like to change the limit of the building
height from 20 feet to 25 feet. States that Central District Health does not have a problem with
the restroom facility. Only employees will be using this facility, and it will not be open for
public use.
Jeff Lowe, city staff presents the staff report. Mr. Lowe gives a brief history of the site and the
use of a development agreement.
Franden opens the public hearing.
Mike Kleiman, 2416 E Deer Point Court, representing the homeowners of the Bogus Ridge
Subdivision asks for a show of hands from the audience of these homeowners. States that they
would be willing to participate in a forum to work with the applicant and come up with a
workable solution. One issue they are concerned about is the water, sewer and septic. Another
issue is traffic and safety, they feel that there is already a traffic problem in this area and this
will contribute to additional traffic. Would like to see a architectural plan for this facility and
would like more information on the business purpose.
Franden asks McFadden if this application could be continued to a further date for the
homeowners and the developer to come up with a workable solution to meet the approval
process.
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Marla Uphan, 2705 Showcase Place Bogus Ridge. Ms. Uphan would like to get a copy of the
photograph that was handed out to the Commissioners by the applicant.
Betty Tomptan, 10235 Jay Road, lives directly across the street. Would like to see what
happens in mediation with the applicant and homeowners.
Bev Ross, 9989 Janie Place, will wait till the discussion takes place amongst the applicant and
the homeowners. Would like to see a detailed business plan.
Warren Johns, 2663 E. Deer Point Court, first homeowner in the subdivision. Mr. Johns is
concerned about the situation and would like to challenge the P & Z to do something to address
this problem
Curtis Stoddard, 2962 N. Majestic. Mr. Stoddard feels that the traffic report from ACHD is
somewhat misleading.
Mr. Campbell provides a rebuttal. Mr. Campbell also has a concern about the traffic in this
area. He states that he would also like to have a meeting with the homeowners. Would like to
have a nice project in this area as he lives in this area also.
Dwaine Spiegel does not think this application should be heard at the next Planning & Zoning
Meeting but will need additional time to address this application.
Public Hearing is still open.
Bloom moves to continue RZ-17-00 - Rezone from A-R to MU-DA - Lloyd Campbell to
the November 19, 2001 Planning & Zoning Meeting during this time the applicant will
make an effort to meet with the neighborhood and meet back with a better outline on
what to do with this property. Staff will research the sewer issue. Discussion. Mr.
Campbell will work with the homeowner's association president, Mr. Curtis Stoddard.
Seconded by Deckers. ALL A YE...MOTION CARRIES.
C. CPA-1-0l & RZ-ll-01- Comprehensive Plan Amendment from Residential Four to
Mixed Use and Rezone from R-4 to R-12-DA & L-O-DA - James L. Jewett: James L.
Jewett, represented by Shawn Nickel with Land Consultants, Inc., is proposing a
Comprehensive Plan Amendment to change the land use designation on the
Comprehensive Plan Land Use Map from Residential Four (up to four dwelling units per
acre) to Mixed Use, and rezone from R-4 (Residential up to four dwelling units per acre) to
R-12-DA (Residential twelve dwelling units per acre with Development Agreement) and
L-O-DA (Limited Office with Development Agreement). The site is located on the south
side ofW. State Street approximately %-mile west of Eagle Road at 825 West State Street.
(Staff requests this item be continued to the November 5, 2001, Planning & Zoning
Meeting).
D. PP-8-01 - Once Upon a Subdivision - Northwest Development LLC: Northwest
Development LLC, represented by Matt Munger with Hubble Engineering Inc., is
requesting preliminary plat approval for Once Upon a Subdivision. The ll.ll-acre, 35-lot
(33-buildable, 2-common) residential subdivision is located on the north side of West State
Street, approximately 300-feet west of Eagle Glen Lane at 386 West State Street. (This
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item was continuedfrom the September 17,2001, Planning & Zoning Meeting). (Staff
requests this item be continued to the November 5, 2001, Planning & Zoning Meeting).
6.
7.
NEW BUSINESS: None
REPORTS:
A. City Staff: Joint Meeting and what to discuss. Land Consultants request for a
special meeting before the Joint Meeting. will be heard on November 5.
B. Commission: Items for discussion at Joint Meeting; Pathways and guidelines for
Design Review landscape plans.
Discussion on parking at the Chevron Station on Highway 55.
8. ADJOURNMENT: Bloom moved to adjourn at 9:25 p.m. Seconded by Deckers.
ALL A YE...MOTION CARRIES...
RESPECTFULLY SUBMITTED:
vb ~ ú.+<-J--- ~ ~
SHAR'oN K. MOORE
ClTY CLERK/TREAS URER
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT
CITY HALL.
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1°
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: RZ-17-00 — Rezone from A -R to MU -DA — Lloyd Campbell
October 15, 2001
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: CU -08-01 — 67 -foot high Personal Wireless Facility — Owest Wireless LLC .
October 15, 2001
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS TELEPHONE PRO? CON?
Page 1 of 1