Minutes - 2008 - Planning & Zoning - 09/02/2008 - Regular
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
September 2, 2008
1. CALL TO ORDER: Chairman Aizpitarte calls the meeting to order at 6:03 p.m.
2. ROLL CALL: Present: AIZPITARTE, FELIX, SMITH, TANNER, ROEHLING
Also in Attendance: Planner Mike Williams, Planner Jeff Lowe, and City
Counsel Paul Fitzer
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 August 18, 2008.
Chairman Aizpitarte introduces the items on the consent agenda.
Aizpitarte moves to approve the items on the consent agenda which are the minutes from the
August 18,2008 meeting. Seconded by Smith. ALL AYE...MOTION CARRIES.
4. PUBLIC HEARINGS:
A. CU-03-08 - Conditional Use Permit for an Ambulance Service Disvatch Station - St.
Luke's Health Svstem: 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 corner of
State Highway 44 and Horseshoe Bend Road at 3101 East State Street. This item was
continued from the August 4, 2008 meeting.
Chairman Aizpitarte introduces the issue.
Tom Schofield, Facility Architect for St. Luke's, 190 E. Bannock Street, Boise, reviews the
application.
Commissioner Smith notes that, after reviewing a recording of a prior meeting, he is concerned about
the poor recording quality due to people not speaking into the microphone.
Schofield shares a PowerPoint, discusses a noise level study, and then stands for questions.
Discussion regarding acoustical study along with access to the gated community.
General discussion on the differences among St. Luke's and the surrounding home owners regarding
landscaping.
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Chairman Aizpitarte then asks for City Staff s comments.
Mike Williams, City Staff, reviews the application and addresses recommendation of additional
conditions. He then stands for questions.
The Commissioners have no questions at this time.
Chairman Aizpitarte opens the public hearing.
Nancy Merrill, 1246 S. Watermark Place, shares her knowledge of the history of this project. She
comments on the City's commitment to the public's health and safety and shares remarks from
citizens regarding other emergency units near residents. She shares her thoughts regarding site
specific conditions of approval. She is in favor of approval of this application.
Pat Burton, 3101 E. State, 1923 N. Trail Creek Way, is the Director of St. Luke's Eagle Medical
Plaza. She reviews the duties of her position and shares that her and her staff pride themselves in
being good neighbors. She also is an active citizen of Eagle. She speaks of living in the Seven Oaks
subdivision and being in close proximity of another emergency care location. She is in favor of
approval of this application.
Discussion regarding Commissioners being able to visit a particular site of an application.
Paul Fitzer, City Counsel, reviews the process of a site visit by the Commission, in regards to noticing
properly.
Rob Subia, 1712 Whitby Lane, is the president of the Lakeland Estates Home Owner's Association.
He discusses what he believes was an implied understanding. He discusses both the height variance
along with the Ambulance bay.
Mike Yzaguirre, 371 Longwood Drive, is representing the Ada County Commissioners as their
liaison, and is in support of this Conditional Use application. He discusses partnership with St.
Luke's. He is in support of the project.
Troy Hagen, director of Ada County Paramedics, 5870 Glenwood, Boise, shares the issues with
Glenwood's current space limitations for the Ada County Paramedics. He clarifies that the Ada
County Paramedics are not moving any of their administrative operation and maintenance. The
services will be 24 hour at the Glenwood location, and 12 hour in Eagle. He reviews the regulations
on lights and sirens. He discusses the Lakeland access and answers Commissioner Smith's question
that there are no other agreements with Home Owner's Associations.
Discussion regarding lights and sirens and the use being as permitted by law along with the ventilation
of the ambulance bay garage door.
Bob Ward, 3007 E. Lakeland Lane, discusses property is closest to ambulance quarters. He shares
multiple photos. Gives an example of the sound wall put in by Wal-Mart for neighbors. Discusses
conversation with landscaper, talking about expense of what landscaping would cost to do correctly.
Dwight Bowker, 1597 S. Whitby, wants the panel to understand that St. Luke's is a business. Realize
the impact a business has on people's property. Discusses many different facets of sound and why he
doesn't believe a siren can just blend in. He discusses the rights he has - sight, sound, invasion of
senses. Doesn't see any work done by St. Luke's to mitigate it.
Discussion regarding regulating how many ambulances will be present at once, along with the use of
sirens and lights.
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Chairman Aizpitarte asks for any additional public testimony. There is none.
Dan Friend, 92 S. Eagle Road, is the Fire Chief of Eagle and has been for 25 years. He shares the
experience of the three Fire Stations. He defines Alpha responses. He states he understands people's
concerns on noise pollution and reviews the different restrictions that fire trucks face.
Applicant gives his rebuttal.
Discussion regarding a letter from 2006.
Commissioner Smith asks to hear from the Landscaper representing the project.
Tom South, 2002 S. Vista A venue, Boise, discusses being asked in June to take a look at the
landscape buffering. He discusses the 60 foot canal easement along with his correspondence with the
ditch company.
General discussion about the $10,000 budget given for the project, the existing fence in relation to the
canal easement, and a sound wall.
Chairman Aizpitarte closes the public hearing and calls for a five minute recess at 8:17 p.m.
The meeting reconvenes at 8:24 p.m.
Chairman Aizpitarte begins the deliberation.
Commissioner Roehling feels that the budget of $10,000 is not enough to fix the issues.
Commissioner Tanner discusses the issues of the landscaping, sound, lights and existing fence. He
states he would rather leave the mitigation to the City, allowing the City to do its job to enforce the
use of the Conditional Use Permit. He recommends approval with the conditions being those that are
in the June 18, 2008 response letter.
Commissioner Felix feels this is a difficult and unfortunate situation. He recommends approval with
the 8 conditions that have been covered.
Commissioner Smith feels the Commission is not in a position to set the remedies. With reservations,
he recommends for approval.
Chairman Aizpitarte states he is in agreement with his fellow Commissioners. He then discusses the
noise study and acoustics.
Mike Williams, City Staff, gives clarification on the landscape issue and explains that the landscaping
is covered during the Design Review process.
General discussion regarding a third party to review the landscaping issue and provide a separate
budget.
Mike Williams, City Staff, clarifies the aspects of the application that will be covered by the Design
Review process, with the assistance of the City Forester.
Aizpitarte moves to recommend for approval CU-03-08 - Conditional Use Permit for an
Ambulance Service Dispatch Station - St. Luke's Health System, with the following conditions:
Condition number one (#1), and these are Conditions that are spelled out on the June 18, 2008,
letter to Williams from Mr. Jeff Hull, okay, and that is that #1 - no more than one emergency
ambulance be stationed at this site, and one non emergency transport ambulance. Sirens will
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not be used until entering the highway and then only if needed. It will be agreed to, this
requirement on Conditions of Approval, to the extent allowable by law. Once again emergency
lights will not be used until entering Lakeland access and only if needed. Again this
requirement is a condition of approval to the extent allowable by law. Garage doors to
ambulance bays will remain closed except upon exit and entrance. Condition #5 - Back-Up
alarms will be silenced when backing into the garage. Condition #6 - EMS staffwill not work
on personal vehicles or projects on premises. Condition #7 - St. Luke's proceed with Lakeland
Estates Subdivision landscaping as they agreed upon with the proviso that both St. Luke's and
the Lakeland Estates Subdivision will agree to a third party review of Mr. Smith's landscape
plan for both, to optimize the obscurity of the EMS station and to optimize the noise reduction.
Note from Smith - Mr. South is the correct name. Condition #8 - the maintenance of the
landscaping within the Intermountain gas right of way is the responsibility of St. Luke's.
Seconded by Roehling. Discussion: Smith asks if any part of this is incumbent that the HOA has to
agree. Discussion regarding having a time frame for agreeing. Paul Fitzer, City Counsel, clarifies that
this is merely a recommendation. You can not delegate your authority to a third party as to the
approval of a landscape plan. The landscape plan has to be either approved or denied. If you wish to
have additional comment or additional evidence from an informed interested party as to landscape
issues, outside of the Design Review context, because it is off site, I understand that, but you can not
delegate the eventual decision making authority. Discussion regarding the time frame. Aizpitarte
amends motion to say that St. Luke's and the HOA will pick a third party landscaper within a
month or that responsibility will default to the Planning and Zoning Staff. Fitzer - I view this
from a legal perspective. I would rather you see a landscape plan that you either find in the City's
best interest and that solves everyone's interest in this regard, or does not. I do not think that you can
delegate that responsibility to an independent third party or to staff. Fitzer: How I am hearing that is
that you are making recommendation so to speak, as to 7 of 8 issues, you are in essence reserving
jurisdiction on the eighth (8th). I.E.: you want to see a landscape plan come back because there is one
that is currently on the table that has an arbitrary $10,000 figure which you can decide upon tonight or
you can say I would like to hear more information as it pertains to this landscape plan, and we as the
Commission do not want to decide on this issue ourselves. We would like to have more information
from an independent third party. Discussion regarding the timeline of the application. Fitzer: You
can make it a part of your recommendation that the landscape plan be approved by Council.
AIZPITARTE: Add onto motion that, within in a month, St. Luke's and the Lakeland Estates
Subdivision H.O.A. will decide on a third party landscape review of Mr. South's plan, and that
plan will be approved at City Council. Fitzer: Any modifications thereto, you can articulate in
deliberations as to what kind of evaluations you would like done. Williams gives clarification on the
three staff recommendations. AIZPITARTE: Amend motion again to add Site Specific Condition
of Approval #1 - states testing of lights and sirens shall be prohibited on site. Site Specific
Condition of Approval #2 - states all storage, maintenance, and parking of the ambulance units
shall occur within the confines of the garage units. Site specific Condition #3 - states violation
of Conditions of Approval will cause this Conditional Use Permit to be null and void. Second
concurs. ALL AYE.. .MOTION CARRIES.
5. NEW BUSINESS:
A. FY 2010-2014 Transportation Improvement Proe:ram. FY 2010-2014 Five Year
Work Proe:ram. FY 2010-2014 State Transportation Improvement Proe:ram:
Discuss the Transportation Committee's recommendations regarding the prioritization
of transportation projects within the City of Eagle.
Jeff Lowe, City Staff, reviews the document provided and defines each acronym. He also further
explains the purpose of the priority list from the Transportation Committee and shares the different
pedestrian elements.
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General discussion regarding transportation priorities.
Nancy Merrill, 1246 S. Watermark, adds that from her past experience as Mayor, she knows that the
entire infrastructure is there. She states this should be a high priority and it is of little cost.
Roehling moves to move the installation of the traffic signal at Hill Road and HWY 55 from the
third priority to the first priority, and to have that completed in the next calendar year. Also
note this decision is due to safety and the fact that there is new information to prove that there
are the resources that this can be done this year. Seconded by Aizpitarte. Discussion: Jeff
Lowe, City Staff, explains that the priorities for this calendar year have already been adopted. Smith
states it is a matter of the Agency getting their funds moved around. Aizpitarte discusses the existing
infrastructure. He mentions looking at what is left in this year's budget and putting an amount
towards this happening. Roehling amends motion to state: to have this completed within the first
calendar quarter of the coming year. Also, the recommendation that we explore the
opportunity to use unused budget dollars from this calendar year to complete the work this
calendar year. Eagle's budget dollars. Second concurs. ALL A YE...MOTION CARRIES.
6. REPORTS:
A. Commission: Smith recommends that the Staff podium microphone be extended.
B. City Attorney: None
C. Staff: Mike Williams gives a report on the Old Valley application.
7. ADJOURNMENT:
Aizpitarte moves to adjourn. Seconded by Felix. ALL AYE...MOTION CARRIES.
Hearing no further business, the Planning and Zoning Commission meeting adjourns at 9:44 p.m.
RESPECTFULLY SUBMITTED:
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SHAR K. BERGMANN
CITY CLERK/TREASURER
DAVE AIZPIT
CHAIRMAN
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EAGLE PLANNING & ZONING .
PUBLIC HEARING SIGN-UP SHEET
CU-03-08 - Conditional Use Permit for an Ambulance Service Dispatch Station -
St. Lukes Health System
September 2, 2008
ADDRESS/ TESTIFY
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