Minutes - 2008 - Planning & Zoning - 06/02/2008 - Regular
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
June 2, 2008
1. CALL TO ORDER: Meeting called to order at 6:00 p.m.
2. ROLL CALL: Present: SMITH, FELIX, AIZPITARTE, McCARREL, TANNER
3. 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, a
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 that contains written recommendations from the
City of Eagle shall be adopted as part of the Planning & Zoning Commission's
Consent Agenda approval motion unless specifically stated otherwise.
A. Minutes of May 5, 2008.
B. Findinl!s of Fact and Conclusions of Law for RZ-05-08 - Rezone from R-4 to
CBD-DA - Jason and Melissa Brodt: Jason and Melissa Brodt are requesting
approval of a rezone from R -4 (Residential - up to four dwelling units per acre) to
CBD-DA (Central Business District with a development agreement) to facilitate the
development of a commercial use on the site. The .I5-acre site is located on the west
side of Eagle Road approximately 550-feet south of State Street at 179 South Eagle
Road.
Aizpitarte entertains a motion to approve the Consent Agenda. So moved by Felix to
approve the Consent Agenda. Seconded by Tanner. ALL AYES...MOTION
CARRIES.
4. NEW BUSINESS:
A. 200800078-CU (Ada County Application) - Conditional Use Permit for a Ridinl!
Academv and Stables Includinl! an Indoor Ridinl! Arena - Carol Swil!: Carol
Swig, represented by Shawn Nickel, is requesting the approval of a conditional use
permit to construct a 2I,000-square foot indoor riding arena and an 8,II2-square foot
barn and stables for the establishment of a commercial riding academy and stables.
The IO.93-acre site (consisting of2-parcels: 5.93-acres and 5-acres) is located
approximately 986-feet north Beacon Light Road on the east side of North Linder
Road at 3500 and 3530 North Linder Road. This site is located in the Eagle Area of
Impact.
Aizpitarte introduces the item.
Commissioners Felix and Tanner recuse themselves.
Shawn Nickel, 148 N. 2nd Street, gives the history and an overview of the application.
Stands for questions from the Commission.
Ted Venagas, City Staff, reviews the staff report. Smith is curious about how many units
the entails. The subdivision was initially platted as a single 10 acre parcel. The City is
looking at it as two parcels. Would like to know what the height of this would be. The
City has a height limit of 35 feet. Eagle City Code does not regulate riding arenas.
Discusses 300 feet rule. The structure was too close to the residents. The new site plan
has the stables detached. Smith asks for the negative impacts of this project.
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Discussion amongst the Commission.
A short recess is called.
Meeting called back to order at 6:35 p.m.
There needs to be some kind of mechanism so that the public would be able to testifY.
A short recess is called.
Meeting called back to order at 6:39 p.m.
Public Comment:
Chris Toby, 4185 W. Houseland Court. Property is east of the facility. In favor of the
application.
CJ Thompson, 4132 Willow Creek Road. Familiar with this project. Cannot say that she
is in favor or opposed to this project. Discusses the size of the building.
Julia Dupois, 4522 W. Beacon Light. Lives directly beside Rich Felix's horse facility.
Feels this would be good and would give people something to do.
Rich Felix, 10028 W. Cayuse Lane. Owns the property directly south of the property.
Makes a couple of comments on the history. Council heard comment from the public and
recommended denial. Ada County Commission approved the application. They filed an
appeal with the county and Ada County denied the application. Feels this is not
significantly different than the origin submittal. Reads a letter for the record. Discussion
on adverse impacts. Aizpitarte asks what size would be adequate. Felix states the
applicant would need a significantly larger arena because of the type of riding they do.
Feels it is too close to the residence.
Shawn Nickel addresses comments made by the public. Discusses some of the changes
on the application. There was a significant change made. Requests a recommendation of
approval for the Council. Smith asks about the size. Why must it be so large? The type
of riding the applicant does is the reason the building needs to be larger. McCarrel asks
about the road mix/dust. There will be dust mitigation. Would it be feasible to move it?
Aizpitarte asks about the surrounding properties. Mr. Nickel feels that this is compatible
with the Comprehensive Plan.
Carol Swig explains the type of riding which is hunter-jumper riding. There needs to be
plenty of space for the safety of the rider and the horse. .
Discussion amongst the Commission. McCarrel understands all the concerns. The 300
feet issue should be taken care of, feels there should be a compromise. Sound and
parking conditions are taken care of. Smith appreciates all the comments. Discusses the
300 feet. Has concerns with the conditions of approval. Not clear of a significant
difference between this application and the previous one submitted. Aizpitarte discusses
the 300 feet.
Aizpitarte moves to recommend for approval 200800078-CU (Ada County
Application) - Conditional Use Permit for a Riding Academy and Stables Including
an Indoor Riding Arena - Carol Swig. Seconded by McCarrel. WitballSite
Specific Conditions. The proposed indoor riding arena be moved to be at least 300
feet away from the existing house - Felix residence. TWO AYES (McCarrel,
Aizpitarte) ONE NAY (Smith)
Aizpitarte moves item C to item A.
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5. PUBLIC HEARINGS:
A. (C.) CU-03-08 - Conditional Use Permit for an Ambulance Service DisDatch
Station-St. Lukes Health System: St. Luke's Health System, represented by ZGA
Architects and The Land Group, Inc., is requesting conditional use permit approval to
provide accommodations for an on site ambulance service dispatch station located at
the St. Luke's Regional Medical Center. The 14.49-acre site is located at the
southwest comer of State Highway 44 and Horseshoe Bend Road at 3101 East State
Street.
Aizpitarte introduces the item.
Matt Bell gives an overview of the application. Troy Hagen - Discusses limitations.
Want to reduce additional costs. Proposed station would house one ambulance and a two
to three person crew.
Mike Williams, City Staff, gives an overview of the staff report. Stands for questions
from the Commission.
Aizpitarte opens the public hearing.
Rob Sevia, 1712 Whitley Lane. President of the HOA. Provides a copy ofletters.
Discusses the height variance. Reads a letter regarding the Ada County Paramedics.
There are several things they would like to ask if this application is approved. Feels they
need to have conditions added.
Bob Ward, 3007 E. Lakeland Lane. Had several meetings with Saint Luke's and the
architects. If they agreed to the height, the ambulance would not be part of the
application. Has concerns on property values. Feels the applicant is telling them one
thing but doing something else. They would like them to keep the doors closed, not use
the sirens/light until off the property. Thinks the homeowners and paramedics should
meet and get something in writing.
Teri Bath, 1729 Whitby Lane, a wall may not be feasible because of the irrigation. The
proposal needs to be in writing.
Tom Scofield, facility architect. Defers comments until rebuttal.
Murray Sturcky, Meridian. Works as a paramedic. In support of this project.
Dwight Bowker, 1597 S. Whitby. Involved with the original creation of ambulance
services. There is a big difference between ambulance service and paramedic service.
Has concerns regarding the verbal agreement with the HOA. Objects to the application.
Darren Smith, 3151 Lakeland Lane. Has concerns with the application. Was told the
ambulance base was not going to be there but was built anyway. Has concerns with the
impacts of the quality of life.
Tom Scofield rebuts testimony. The irrigation district will not allow a wall on their
easement. There is currently a berm and landscape there. Offered to install trees. Did
not put additional landscape in writing as they thought it would be a condition of the
conditional use. Felix asked if tiling was discussed with the ditch company. Smith asks
about the location of the bay and a comment made by the primary architect.
Matt Bell, Saint Lukes, rebuts testimony. They have said all along that they wanted to
have medical services available to Ada County and Eagle. They pulled the ambulance
services off the original application. Smith discusses the impacts to the neighbors. Does
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have sympathies but there is a need for emergency services. Discussion regarding the
lights and sirens.
Troy Hagen, Ada County Paramedics. Discusses the policies and procedures. There
were concerns about people working on personal vehicles. Discusses the doors being
closed. There does need to be temperature controL Has had three neighborhood
meetings. Stands for questions from the Commission. Felix discusses the desires of the
neighbors and asks why an agreement has not been entered into yet. Do not want to take
away from patient care. Tanner asks if there are cooling mechanisms for the medications.
There are not.
Transition - Ada County designation) to A-R (Agricultural-Residential). The 39-acre
site is located on the northeast corner of West Beacon Light Road and North Park
Lane at 3632 West Beacon Light Road.
Aizpitarte introduces the item.
Rick Collingwood, Engineer, gives an overview of the application. Agree with the
Conditions of the Staff Report. Smith asks about the total acres of the property.
Ted Vanegas, City Staff, reviews the staff report. Stands for questions from the
Commission.
Tanner asks why the I-acre piece is not included. Different owner.
Aizpitarte opens the public hearing.
Frank Rice, 1202 W. Osprey. Discusses another piece of property that tried to do the
same thing a few years back. If this is approved, asks that the applicant be restricted to
the five acres.
Rick Milliron, 4101 Houseland Court, opposes the application. Should avoid scattered
subdivisions. Wants the Commission to be consistent.
Howard Woods, 3733 W. Houseland Ct. Confused about the two acres. Feels a decision
should be made after the Comp Plan hearing. Bought their house based on the fact they
could ride horses. People are against annexing north of Beacon Light.
Sidney Smith, 3792 W. Houseland Courtland. Attended the neighborhood meeting.
Does not want to see the 1 per 5 change.
William Heinz, 3886 W. Houseland Court. Directly across from this property. Feels this
application and the CPA should be heard at the same time.
Daniel Gliver, 3426 N. Croft Way. President of Buckhorn Estates HOA. Discusses this
application and the CPA. Does not see a reason why to recommend approval of this.
Does not feel that this property should be annexed. Asks the Commission to deny the
application. Aizpitarte mentions some of the County developments.
CJ Thompson. Has questions as why this application was turned in this way. Feels there
were promises made that have not been kept.
David Hart, 4144 W. Houseland Ct. Has concerns about the application.
Monte Manning, Houseland Court. Enjoys where he lives. Discusses the riding path.
Discusses the dangers of having more people, etc possibly spook the horses. Would like
the area to stay rural.
Chris Toby, 4185 W. Houseland Court. Moved to the area because of the 5 acres.
John Vogt, 3632 W. Beacon Light Road. This property has been in the family since the
20s. The comp plan is a separate issue. Would like to be in Eagle whether the comp plan
application is approved or not. McCarrel asks about the one acre. This was done through
Ada County several years ago. Smith discusses the resistance from the neighbors. This is
just to annex to the City at this point. Felix asks what the applicant's vision and intent is.
Would like to amend the comp plan first. If not approved, will see what they can do with
the I per 5.
Aizpitarte closes the public hearing.
Discussion amongst the Commission.
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Felix asks about the urgency of this application. Planner Vanegas explains the process.
Also discusses notifications and there was confusion because there was two signs. Does
not see making a decision tonight.
McCarrel feels this item should be continued as well. Feels they can get a better
understanding after hearing the comp plan.
Tanner feels there is not a basis for denial at this point. There has been no legal basis for
denial. Feels to move forward. Comfortable with staffs comments and to go to Council.
Smith wants to know what this has to offer Eagle. Does not feel comfortable crossing
Beacon Light at this time.
Aizpitarte discusses that the applicant wants to come into the City.
Aizpitarte moves to recommend for approval. Discussion - withdrawn
McCarrel moves to continue to the July 21, 2008 meeting. Seconded by Felix.
Discussion. A-02-08/RZ-06-08 - Annexation and Rezone from RUT to A-R - John
Vogt. ALL AYES...MOTION CARRIES.
6. REPORTS:
A. Commission:
B. City Attorney:
C. Staff:
7. ADJOURNMENT:
McCarrel moves to adjourn. Seconded by Felix. ALL AYES...MOTION CARRIES.
Hearing no further business the Planning & Zoning Commission meeting adjourned at 10:55 p.m.
RESPECTFULLY SUBMITTED:
~~~Pu~
SHARON K. BERGMANN
CITY CLERK/TREASURER
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Page 6 of6
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June 2nd, 2008
To the City of Eagle Planning and Zoning Commission, City Council, and other
applicable city departmental employees:
On behalf of the Lakeland Estates Homeowners Association, I respectfully request that
you review and adequately consider the homeowners concerns stated below related to the
proposed dispatch station that the Ada County Emergency Medical Services has asked St.
Luke's Eagle Medical Center to provide.
As you may recall,in June of 2006 St. Lukes requested and received a conditional use
permit allowing for them to construct a medical facility with a height variance not to
exceed 46' on the corner of State Highway 44 and Lakeland Access, which included an
ambulance dispatch and ambulance quarters. Prior to that approval the Lakeland Estates
Homeowners met with St. Lukes and its architects(ZGA Architects)to discuss our
concerns as homeowners, and were told via letter dated May 30,2006 that"Upon further
consideration of the concerns expressed by our neighbors in the Lakeland Estates
Subdivision, St. Luke's has decided to remove the Ada County EMS Ambulance
Quarters from the submitted development documents. The offer to house Ada County
EMS ambulances will remain standing; however, St. Luke's does not wish to make this
determination unilaterally. We believe that the significant concerns that have been
expressed warrant further investigation and discussion among all parties involved. It is St.
Luke's opinion that the entire community should be involved in determining how best to
serve the emergency response needs of the City of Eagle and the surrounding areas.
Therefore, St. Luke's proposes that Ada County EMS lead a discussion among city
officials, community residents, and participants of the community responses system
(hospitals,paramedics, fire department, etc.)to determine the best locations from which
to serve the community)."
After nearly two(2)years from those meetings the Lakeland Estates HOA and
homeowners were informed that the Ada County Paramedics and St. Luke's are
submitting a Conditional Use Permit for the ambulance dispatch and living quarters to be
approved. We have once again met with St. Lukes and the Ada County Paramedics
representatives and expressed once again our concerns related to this ambulance dispatch
and proposed 24/7 operation. Since the Ada County Paramedics have known of their
requirement to vacate their current location within the Eagle Fire Department I would
have thought they would explore all options available to them,but by their own
admission they have not explored ANY other alternatives,leading me to the conclusion
they are simply going through the motions,believe this permit will undoubtedly be
approved, and that the homeowners concerns and potential home devaluations are not a
priority and have not been given due consideration.
To the extent the Eagle Commission and Council approve this most recent Conditional
Use Permit, we would ask at an absolute minimum that the following requirements be
included in a written agreement between St. Lukes as the Landlord of the property and
Ada County Paramedics as the Tenant of the property, and that additional applications be
required for any changes to the agreed upon terms so that homeowners concerns may be
hear .
1. No more than 1 Emergency Ambulance be stationed at this site and 1 Non-
emergency transport Ambulance.
2. Sirens will not be used until entering the highway and then only if needed'
3. Emergency lights will not be used until entering Lakeland Access and then
only if needed.
4. Garage Doors to Ambulance Bays will remain closed except upon exit and
entrance.
5. Backup alarms will be silenced when backing into garage.
6. EMS staff will not work on personal vehicles or projects on premises.
7. St. Lukes proceed with Lakeland Estates Subdivision Landscaping that they
proposed and have agreed upon.
All of these items have been communicated by the Ada County Paramedics as"normal
course"of operations and that they expect this to be workable conditions so why can't
they put in writing?Given our experience with the height variance we believe it is in all
parties best interests to have an agreement in writing,and to the extent this cannot be put
into a written agreement the Lakeland Estates HOA unequivocally opposes this
Conditional Use Permit.
I do not believe any of this is unreasonable, and the Lakeland Estates HOA appreciates
your consideration in this regard.
a
President Lakeland Estates HOA
July 5,2006
Eagle City Council
P.O.Box 1520
Eagle,ID 83616
To The Eagle City Council and Other Applicable City Department Employees,
On behalf of the Lakeland Estates Homeowners Association,I respectfully request your acceptance and
attention to the details below,with regard to the Homeowners concerns on the proposed St.Lukes Eagle
Medical Center.
Specifically,we have had the opportunity to meet with ZGA Architects and Planners on a number of
occasions and are well aware of their and their clients desire to request a conditional use permit application
allowing"St.Lukes to construct to a building height not exceeding 46'on the property situated on the
corner of State Highway 44 and Lakeland Access.ZGA Architects and St.Lukes Eagle Medical Center
expressed willingness and a desire to hear the Homeowners concerns with the height of the building among
other concerns,and work towards accommodating our requests to the extent they are able to. Following a
number of meetings I believe the majority of the Homeowners became more comfortable with the building
aesthetics,lighting,noise generation,landscaping,etc,and even the increased height,with the exception of
the proposed ambulance dispatch operation.
While it is my understanding that for the time being St.Lukes has decided to remove the Ada County EMS
Ambulance Quarters from the submitted development documents,their offer to house Ada County EMS
Ambulances will remain standing.At this point the Lakeland Estates HOA would like to express its
conditional support of the over height variance,and the project as we understand it, if St.Luke's or more
specifically the City of Eagle is willing to record a covenant on title or incorporate restricting an ambulance
bay/base.This covenant or restriction could be in perpetuity or possibly terminate at some extended future
date(20 Years)or stipulate at a minimum that any future bay/base would be subject to public hearing
prior to any definitive decisions being made.
It is my understanding that the majority of EMS locations are within the Fire Stations,or on or very near
Fire Station Premises,or they are located at Hospitals where 24Hour Emergency care exists,which is not
the intended use for this Medical Center now or as I understand it in the future.Further,given that the
proposed St.Lukes Eagle Medical Center is on the most extreme East boundary of the City of Eagle,would
it not make sense for the Eagle Community to station the EMS and ambulance services at the recently
approved new fire station further West,particularly given the population and growth primarily West of
Eagle.
Again,the Lakeland Estates HOA appreciates ZGA Architects and St.Lukes for their concern and respect
toward our concerns,and trust that you will take our input into consideration.
Respectfully yours,
Rob Subia
President Lakeland Estates HOA
30 May 2006
Architects and Planners,Chartered Rob and Melanie Subia
1712 South Whitby Lane
Eagle, Idaho 83616
Re: St. Luke's Eagle Medical Center
SLRMC Project No. 24-837
Thomas M.Zabala,AIA ZGA Job No. 0557.00/A
Arthur M.Albanese,AIA
Michael G.Simmonds,AIA Dear Mr. and Mrs. Subia,
Steven C,Turney,,AIA
Good morning. We want to thank you for taking the time to meet with us on
site on the evening of 16 May. We appreciate the input you provided about
your concern with regard to the basis of our , onditinnal- use permit
_pplication_to allow St. Luke's to construct to a building height not
exceeding 46' and your willingness to engage in the discussion of collateral
concerns about site lighting, noise generation from the building's
mechanical systems and ambulance dispatch. At the end of the evening it
was our belief that, with the exception of ambulance di catch operation, all
immediate neighboring property owners were satisfied and supportive of the
current proposed design.
Upon further consideration of the concerns expressed by our neighbors in
the Lakeland Estates Subdivision, St. Luke's has decided to remove the Ada
County EMS Ambulance Quarters from the submitted development
documents. The offer to house Ada County EMS ambulances will remain
standing; however, St. Luke's does not wish to make this determination.
unilaterally. We believe that the significant concerns that have been '
expressed warrant further investigation and discussion among all parties
involved. It is St. Luke's opinion that the entire community should be
involved in deteiinining how best to serve the emergency response needs of
AVM. the City of Eagle and the surrounding areas. Therefore, St. Luke's proposes
that Ada County EMS lead a discussion among city officials, community
Members residents, and participants of the community response system (hospitals,
paramedics, fire department, etc.) to determine the best locations from
American Institute of Architects which to serve the community.
We would like to reiterate what we have stated from the beginning of our
planning for this project: it is our hope that St. Luke's Eagle Medical Center
565 W.Myrtle Street,Suite 225 will be responsive to the medical needs and preferences of our patients in
Boise,Idaho 83702-7606 the Eagle community, while also constructing and operating a facility that is
(208)345-8872 respectful of the surrounding property owners, particularly our next door
Fax(208)343-7162 neighbors. If the community, as a whole, decides that ambulance services
e-mail:zga@zga.com
are adequate—under existing conditions, St. Luke's will respect that decision.
Again, we would like to thank you for your time, consideration and support
of the St. Luke's Eagle Medical Center. If you have any questions or need
Established 1973 additional information please contact Michael Simmonds, AIA or myself at
208/345-8872.
Mr. and Mrs. Subia
30 May 2006
Page 2
Very yours,
ZG , chit-• • I d Pl. '' s, Chartered
/� ,
lAii:!1
• o p .s M. 'R 'I :1Cr
: Job file 0557; ►-ivision A
Mr. Gregg 0-•ow; SLRMC
Mr. Matt Bell; SLRMC
01 :1711:
'Mar-'11-08 10:36A P"02
•
•
YAda '.': : : .'Paramedics
10If
•
February 14, 2008
Beth Punches
I.akeland Estates HOA
PO Box 2535
Eagle, ID 83616
Dear Neighbors:
Ada County Paramedics (ACP) has been serving the residents and visitors of Ada County for over 32
years. During that time,we have seen great medical advancements and a tremendous growth in the
demand for Emergency Medical Services. As our population grows, so does the need for ambulance
service. Last year,ACP responded to more than 21,500 emergency incidents. On average, our call
numbers increase 5%each year. Keeping up with that growth and maintaining acceptable response
times is a challenge for all emergency services. it requires more resources and the ability to move the
resources closer to those who need it.
As you are aware, St. i.uke's Regional Medical Center is building its Eagle medical facility at the corner
of Horseshoe Bend Road and Highway 44. During the design phase, Saint Luke's graciously offered to
include quarters for an ACP ambulance and crew within the facility. Based on initial concerns from the
neighbors, St. Luke's decided it would not move forward with the ambulance quarters until the City and
the neighbors had a chance to review the concerns.
An ambulance station located at St. Luke's offers tremendous advantages to the residents of Eagle.
Locating an ACP crew at. the new St. Luke's location would increase our coverage in Eagle to 24 hours
a day. Our current location within the Eagle Fire Department limits our coverage: to 12 hours a day
because of space limitations- The Eagle Fire Department also need;lnc space for a new lire apparatus
expected this winter. in addition to 24 hour coverage, the site is an excellent location to maximize our
response times for the greatest number of people.
There is also a tremendous cost savings to Ada County Paramedics, the taxpayers of Ada County, and
our patients. To acquire land and build a station costs approximately $1 million. The generosity of St.
Luke's benefits us all.
- -- l'roy M. Ilu cn, t>itrctur
P.O. Rox 140209 • .cR70 Glenwood - Boise.. EL) h,7E I .0209
2O8 257 2950 phone ' ?08-287-2999 III:<
N.li:pni a medic;.u ;Y
Mar-11-08 1O: 36A P _03
• I understand there are some concerns from arca residents_ I believe you will Lind that AC!' is a good
neighbor. You will receive excellent response times with minimal distractions. Sirens are not used until
entering the highway, and then onl .if needed. The siren duration in this proposed scenario is far less
intrusive as compared to the siren duration of an ambulance corning lrom a much greater distance. St.
Luke's is currently not a designated receiving facility for ambulance patients. ACP will not be
• transporting patients from other areas to the Eagle facility. It is simply a base and quarters for the
ambulance crew.
l hope this helps clarify any concerns. We are excited to bring a higher level of service to the residents
of Eagle. Saint Luke's will be submitting for a Conditional Use Permit for the service to be added. This
will allow a public forum with the City leaders and neighbors to discuss the issues and develop a plan to
satisfy everyone. Please feel free to contact me if you would like to discuss anything further. Take care
and be safe.
Sincerely,
/f1 f i
Troy M. agcn,
'Director, ACP
•
•
•
Ada County Paramedics Page 2 of 2
EAGLE PLANNING& ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
June 2,2008
A-02-08/RZ-06-08-Annexation and Rezone from RUT to A-R-John Vogt:
PLEASE PRINT LEGIBLY
NAME ADDRESS PHONE PRO? CON? TESTIFY?
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KeAL JTATf
Armoisium:
4-17-08
Regarding: Property located at 3007 E. Lakeland Lane
Owner: Mr. Ward
To Whom It May Concern:
My name is Amanda Alvaro, I am a licensed Realtor and Owner with The Real Estate
Group. I have been in the Real Estate business both in residential and commercial sales
as well as Development since 1991.
The intent of this letter is to provide my opinion as to the adverse affect of having a 24
hour Ambulance Service in a location that would abut to the property owned by Mr.
Ward.
There is no doubt that when Mr. Ward decides to sell his property, both the value and
salability of his property will be diminished should the proposed 24 hour Ambulance
Service be approved. Our market is such that currently homeowners have to be
concerned with property values, but to then add a situation such as the proposed 24 hour
Ambulance Service, with it being located directly behind Mr. Wards property, the
salability of the property is then also reduced drastically.
In addition to the concerns of value and salability of the property, there is an even greater
concern to the disruption in the lifestyle that will be placed on Mr. Ward and any future
homeowner having a 24 hour Ambulance Service abutting the property.
We ask that you please consider this information when making your decision to approve
or deny the request for the 24 hour Ambulance Service for St. Lukes.
Since y,
Amanda Alvaro
The Real Estate group
Owner/Realtor
208-850-7070
R553@sunvalley.net
The Kcal Estate Croup, LLC
)090 Gentry Way.Suite 150 -E Meridian.Hallo 8)(42
Phone(208)288.2228 " Fax(208)288.15 I o 4. Toll free 889.2 77.8898 -E www.therealcstate-ggrour.com
/alp
June 2, 2008
Hand Delivered to Commission at 6/2/08, 6:00 p.m. Meeting
Eagle Planning& Zoning Commission
Dave Aizpitarte, Chairman
City Hall
Eagle, ID 83616
Re: A-02-/RZ-06-08 John Vogt, owner Annexation and Rezone—AOI
CPA-1-08 John Vogt, owner Comp Plan Amendment-AOI
Honorable Commissioners:
My name is Dan Glivar, and I am the current residing President of the Buckhorn Estates (West)
Homeowners Association, and this letter is written on behalf of myself and at least a dozen other
homeowners in our subdivision who are requesting that this Commission recommend denial, as
well as the City of Eagle to DENY, the two above-referenced applications submitted by the
developer, John Vogt.
The 39-acre parcel that is the subject of these applications is directly adjacent to our subdivision,
which is comprised of 48 fully-developed,built-out residential/rural lots (except for three vacant
lots), all greater than 5 acres. In fact, the proposed development would border at least four of our
homeowners' properties, and several others in Covington Place, the rural/residential subdivision
to our west and the development's north, which also is comprised of fully-developed (built-out)
residential lots, all greater than 5 acres.
Every homeowner in our subdivision purchased their lots under the current zoning designations,
which requires residential lots of greater than 5 acres in this area. Not only have these zoning
restrictions been in place for decades, but the recently revised Comprehensive Plan, under which
many new developments in this area have had to comply, also calls for minimum 5 acres
residential lots. There is no reason (let alone a compelling reason) in this case to vary from those
standards. In fact, any variation from such standards would result in unfair and unjust treatment
of the current residents in this area as well as other developers who have moved forward under
the existing Comprehensive Plan in good faith.
Mr. Vogt's real reason for annexation and rezoning for higher density lots is simple—higher
density subdivisions with more homes yield more profit for the developer. The effect on the
existing surrounding residential lots and the character of the area generally is irrelevant in that
regard. His attempted justifications are indeed thinly disguised, and rely primarily on three
assertions: (1) smaller lots will allow for the extension of City water and sewer services, (2) his
development would provide"an attractive transition to, and valuable visual and noise buffer for
the existing 5-acre lots adjacent to the proposed development", and (3) smaller lots provide for
an"ideal transition from the 2 lots per acre development to the south to the one lot per 5-acre
development to the north and east" [Buckhorn Estates].
Smaller Lots: Mr. Vogt states that"it would be unconscionable for the City of Eagle officials to
require a 5-acre lot density within their city limits." This is rather presumptively written as if the
application for his proposed annexation already has been approved. Unfortunately,this is Mr.
Vogt's view of the world. His application nearly contends that denial of less than 2-acre lots on
his 39 acres would cause the entire City plan for extending water and sewer services to other
developments to become untenable. Truth is, if developed under the current zoning requirements
and Comprehensive Plan vision, this 39-acre parcel would yield at most 7 new homes with
corresponding wells and septic systems. This would be a negligible increase in wells and septic
systems given the current number already existing within the AOl. Finally, Mr. Vogt makes an
unreasonable and unfounded assertion that approval of his development would "allow for the
extension of the public water and sewer systems, which will create benefit for other properties
and future development". I'm sure such progress will be made regardless of his development.
Visual and Noise Barrier: Mr. Vogt's contention that his development would create "an
attractive transition to, and valuable visual and noise buffer for the existing 5-acre lots adjacent
to the proposed development" is ludicrous, in the most friendly of terms. I find it (once again)
grossly presumptive and inappropriate for Mr. Vogt to claim that he knows what is best for the
people who live in the bordering development and who are objecting to his application!
Moreover, I have been unable to find anyone in our subdivision or in any neighboring
development who believes that the rooftops of 18 new homes would provide such an attractive
noise and visual barrier. As to the"6-foot high landscaped berms"he plans for each side of the
"internal park"—this is TOTALLY out of character for a development north of Beacon Light. In
fact, I can't think of a single development along Beacon Light Road, west of Eagle Road, where
there is such a berm. This demonstrates how out of touch Mr. Vogt is with the surrounding
developments, and provides further evidence of why his proposed development is out of
character with adjacent land and should be denied.
Transition: First, we believe that the Comprehensive Plan was thoroughly vetted, debated in
open forum, and drafted to handle a comprehensive vision of the transition of lots in Eagle and
its Area of Impact. Mr. Vogt was aware of that ongoing process, had the same chance to
participate in it as the rest of us, and should abide by it in the same manner as the current
developments and developers. This issue has been resolved after much input from all parties,
and he is once again trying to reopen it. Second, it is non-sensical to compare developments
north of Beacon Light to developments to the south of Beacon Light, as that road itself(as well
as Park Lane)provides the"natural barrier of transition" and such fact is recognized by the
Comprehensive Plan by how those roads are the lines for transitioning. Third, isn't the large
open parcel directly across from Mr. Vogt's proposed development still zoned for 5-acre
residential/rural lots? Again, Mr. Vogt's smaller lots would not create a transition from the
larger and more rural lots, but a balkanized and strangely misplaced pocket of higher density
living.
Mr. Vogt has continuously filed applications for this parcel that have been rejected (previously
by the County). He simply refuses to comply with the rules and standards that are required of all
other developers, zoning requirements, and the Comprehensive Plan. What he always fails to
address is the character of Eagle's currentAOl. This area, recently designated as a wine district,
is home to some of the only remaining habitat for red-tailed hawks, pheasant, California quail,
2
fox, coyotes and other wildlife. The open space provided for by larger acreage is what makes
this corridor special and worth preserving. Mr. Vogt's plans to create barriers,berms, landscape
buffers, rooftops and roads is exactly the opposite of what surrounds that acreage right now. All
it takes is a Sunday drive by the subject parcel to understand why what he proposes is so
outlandish and inconsistent with Eagle's AOI.
Easement Issue: I would like to know whether Mr. Vogt's application includes land that is
subject to an "exclusive farming easement" currently held by Mr. Vogt on the eastern boundary
of the parcel. Mr. Vogt received both State and Federal funds to create wildlife habitat, wind
barrier, and to bury open irrigation ditches, all in the name of rural farming, which would appear
to no longer be applicable. That easement area also is subject to a superior easement held by
Buckhorn Estates that has been recognized both by the courts and City of Eagle as an irrigation,
drainage and waste water easement. Sometime during 2008, without notice to or consent from
the Buckhorn HOA or any of the affected landowners, Mr. Vogt built a mixed barbed wire/
sheep wire fence in violation of the terms of his own easement grant and in clear and direct
violation of state statutes and the Buckhorn easement, thereby fencing off the HOA from its
existing, superior easement. Accordingly,he has now created a situation where litigation is
certain to occur when the Buckhorn Estates West HOA needs to access its buried pipe or
telephone utilities in that easement area because his fencing and planted trees and bushes will
have to be removed to conduct any construction or repair activities, and he has made it clear that
he will not do so himself, and if anyone else does, he will file a lawsuit against them. While I
understand that it is not the City's obligation to resolve such disputes as part of this process, I
think it would be in the best interests of Mr. Vogt, his future development, and the affected
Buckhorn Estates (West)homeowners to have this issue resolved as part of these proceedings, to
ensure the future peaceful use of the respective properties and not merely delay the inevitable.
In closing, we respectfully request that you do not recommend, and that the City deny, these two
applications.
Regards,
Daniel J. Glivar
President, Buckh Estates (West) Homeowners Association
3878596
3
EAGLE FIRE DEPARTMENT
966 E.IRON EAGLE DRIVE
EAGLE,IDAHO 83616
l444VT
June 2, 2008
Planning&Zoning Department
City of Eagle
660 E.Civic Lane
Eagle, ID 83616
Re: Ada County Paramedics Ambulance
Ada County Paramedics are responsible for providing Advanced Life Support and Ambulance
transport services to the residents of Ada County,including Eagle. Their Director, Troy Hagen said
that they are planning to locate a 24 hour a day, seven days/week ambulance at the new St. Luke's
Hospital at Highway 44/Horseshoe Bend Road. They also have property and plan to locate another
ambulance near Highway 44/Highway 16. Eagle will have better pre-hospital emergency care as a
result of this plan and I support locating the ambulance at St. Luke's and hope that you can approve
it.
I attended one of the meetings with the homeowners of Lakeland Village (HOA), St. Luke's Hospi-
tal and Ada County Paramedics. I believe there were three issues that concerned the HOA the
most. 1)Noise pollution from the siren and back-up alarms. Siren noise can be limited if the Para-
medics leave the sirens off until they are into traffic on Highway 44. Back-up alarms can be turned
off and follow their policy of having a spotter when they back an ambulance into the hospital.
2)Unsightly view of garage doors being left open. It seems that for security reasons, unless they
are in the ambulance garage working on the ambulance, the doors should be kept shut.
3)The HOA does not want to see the rear of the hospital turning into an ambulance parking lot and
wants to know that multiple ambulances with lights and sirens will not be responding in and out of
the hospital. A single 24 hour/day emergency ambulance in one apparatus room and one non-
emergency ambulance in the other apparatus room seems reasonable. I believe the hospital is land-
scaping to minimize the impact of headlights at night.
Again, I do hope you can approve the ambulance at St. Luke's Hospital with conditions that offer
the HOA a reasonable degree of satisfaction that their neighborhood will be minimally impacted.
Since ely,
D rien
Fire Chief
Phone:(208)939-6463 Fax:(208)939-2717
RECEIVED & FILED
City of Eagle CITY OF EAGLE
660 E. Civic Lane JUN U 2 2008
Eagle,ID 83616 '
File:
Route to:
Eagle City Councilmen,
Subject: CPA-01-08 John Vogt
1.Annexation and Rezone
A. I strongly oppose rezoning to allow 1 unit per 2 acres surrounded by 5-acre or
more properties. The current surrounding properties are all 5-acre subdivisions:
Covington Place , Buckhorn Estates, AJA Acres, Fairfield Estates, and Widgeon
Lakes Estates.
2.Site Map by Toothman-Orton Engineering Co. is incorrect. Boundaries are not a
reflection of John Vogt proposed property boundaries. There are disputes on the north
and west property lines, with legal litigation on the west side.
3.Eagle City Zoning Regulations
9-1-3 Purpose: The purpose of the regulations is to promote the public health, safety
and general welfare, and to provide for;
A. The Harmonious development of the city and its area of impact.
1.The adjacent properties will not agree to 2-acre parcels.
2. With Current property line disputes, the City is setting up for future problems
in your and my area of impact.
E. The Avoidance of scattered subdivision of land that would result in either of the
following:
1. Property not Adjacent to any current Eagle City Boundaries for city services.
2. Lack of Irrigation laterals to surrounding Properties-Access as been denied.
Rick Milliron
4101 Houseland Ct.
Eagle ID. 83616
Phone: 208-938-5170
9-1-3: PURPOSE: Page 1 of 1
9-1-3: PURPOSE:
The purpose of these regulations is to promote the public health, safety and general welfare,
and to provide for:
A.The harmonious development of the city and its area of impact 1;
B.The coordination of streets and roads within a subdivision with other existing or planned
streets and roads;
C.Adequate open space for travel, light, air and recreation;
D.Adequate transportation, water drainage and sanitary facilities;
E.The avoidance of the scattered subdivision of land that would result in either of the following:
1. The lack of water supply, sewer service, drainage, transportation or other public
services; or
2. The unnecessary imposition of an excessive expenditure of public funds for the supply of
such services;
F.The requirements as to the extent and the manner in which:
1. Roads shall be created, improved and maintained; and
2. Water and sewer and other utility mains, piping connection, or other facilities shall be
installed;
G.The manner and form of making and filing of any plats; and
H.The administration of these regulations by defining the powers and duties of approving
authorities. (Ord. 88, 11-15-1983)
http://www.sterlingcodifiers.com/ID/Eagle/11001000000003000.htm 5/17/2008
RECEIVED & FILED •
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PUBLIC HEARING SIGN-IN SHEET
June 2,2008
CU-03-08-Conditional Use Permit for an Ambulance Service Dispatch Station-St.Lukes Health System
PLEASE PRINT LEGIBLY
NAME ADDRESS PHONE PRO? CON? TESTIFY?
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