Minutes - 2014 - Planning & Zoning - 03/17/2014 - Regular THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
March 17,2014
Minutes
1. CALL TO ORDER: Meeting called to order at 6:02 p.m.
2. ROLL CALL: Present: SMITH, ROEHLING (via Skype), WRIGHT. Absent: KOELLISCH,
VILLEGAS. A quorum is present.
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.
Smith makes a motion to amend the agenda to include item 4 which is the current 6A VAC-
03-14 - Dry Creek Estates Subdivision. Seconded by Roehling. ALL AYE... MOTION
CARRIES.
A. Minutes of March 3,2014.
Smith moves to approve the minutes of March 3, 2014. Seconded by Roehling. ALL
AYE... MOTION CARRIES.
B. Findings of Fact and Conclusions of Law for A-01-14/RZ-01-14—Rezone From RUT to
MU-DA-William J. & Nancy Hines.: William J. &Nancy Hines are requesting approval
of an annexation and rezone from RUT(Rural-Urban Transition—Ada County designation)
to MU-DA(Mixed Use with a development agreement). The 4.89-acre site is located on the
north side of West Chinden Boulevard approximately 1,300-feet west of the intersection of
North Meridian Road and West Chinden Boulevard at 430&450 West Chinden Boulevard.
Smith moves to approve Findings of Fact and Conclusions of Law for A-01-14/RZ-01-14.
Seconded by Roehling. ALL AYE... MOTION CARRIES.
4. UNFINISHED BUSINESS:
A.VAC-03-14—Dry Creek Estates Subdivision—Mark and Deborah Wald: Mark and
Deborah Wald are requesting a vacation of two six foot(6')wide(total of twelve feet(12') in
width)drainage, irrigation, and public utility easements along the interior lot line between Lot
1 and 2,Block 1,within Dry Creek Estates Subdivision. The applicant is requesting to vacate
the easements and record new easements with the proposed lot line adjustment(LLA-03-13).
The 4.77-acre site is located on the west side of N. Edgewood Road, approximately 350-feet
south of the intersection of E. Beacon Light Road and N. Edgewood Road.
Smith moves to approve item 4 VAC-03-14—Dry Creek Estates Subdivision. Discussion. Roehling
requests that item 4 be presented by staff. City Planner Williams provides an overview of the application
to the Commissioners. Seconded by Roehling. ALL AYE... MOTION CARRIES.
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5. PUBLIC HEARINGS:
A.A-02-14/RZ-02-14/PPUD-01-14/CU-02-14/PP-01-14-Banbury Meadows Subdivision No.
8—Banbury Meadow,LLC: Banbury Meadow, LLC,represented by Becky McKay with
Engineering Solutions, LLP, is requesting an annexation,rezone from RUT(Rural-Urban
Transition—Ada County designation)to R-3-DA-P(Residential up to three units per acre
with a development agreement PUD), conditional use permit,preliminary development plan,
and preliminary plat approvals for Banbury Meadows Subdivision No. 8, a 29-lot(26
buildable and 3 common)residential subdivision. The 11.81-acre planned unit development is
generally located at the west side of South Chipper Way approximately 50-feet north of the
intersection of South Chipper Way and West Oakhampton Drive.
Wright moves to continue item 5A A-02-14/RZ-02-14/PPUD-01-14/CU-02-14/PP-01-14-Banbury
Meadows Subdivision No.8. Discussion. Smith: And that's going to be to a date certain? City
Attorney: April 21st is what the applicant requested. Seconded by Smith. ALL AYE... MOTION
CARRIES.
B. CU-01-14—Personal Wireless Facility(height-over 35-feet) (more commonly known as
a cell tower)—Skyway Towers,LLC: Skyway Towers, LLC,represented by Shawn Nickel
with SLN Planning, is requesting conditional use permit approval for a camouflaged cell
tower(defined as"personal wireless facility height-over 35-feet"in Eagle City Code). The
proposed 2,500-square foot lease area is located approximately 835-feet southwest of the
intersection of North Eagle Hills Way and North Wingfoot Place at the southern boundary of
Eagle Hills Golf Course within the area containing hole#2.
Chairman Wright introduces the item.
Dan Behuniak, 16213 Talavera Avila Tampa,FL. Mr. Behuniak is with Skyway Towers,the applicant of
the proposed wireless facility. Behuniak gives a PowerPoint presentation and provides the
Commissioners an overview of the site and the development. He addresses the publics concerns and
provides studies to support his comments.
City Attorney Cherese McLain, states that the City will need those studies for the record.
City Planner Mike Williams reviews the Staff Report amongst the Commission. There are specific
sections in the code under 8-3-5(S)that allow for a conditional use permit for personal wireless facilities
to be placed in different areas of the City. The code is recently amended to allow for personal wireless
facilities to be placed within a residential area but the placement requirement is that these facilities have
to be camouflaged and has to be aesthetically compatible to what is surrounding them. Staff has made
some site specific conditions of approval. Staff made a recommendation in height but did not place a
specific height on that because there are different interpretations of what truly is aesthetically
compatible. Staff recommends that if approved, the Commissioners may need to come up with a
recommended height. Staff is also recommending that the monopine be reduced in height to be
compatible with the adjacent trees and match the adjacent canopy or the surrounding trees. In regard to
the other site specific conditions that Staff is requiring, the site plan shows an 8 foot high cedar fence.
Per Eagle City Code they will need to find another style of fencing. There is also additional
documentation that staff placed in the site specific conditions requiring prior to issuance of a zoning
certificate.
General discussion amongst the Commissioners regarding current camouflaged cell towers and height
limitations.
Chairman Wright opens public testimony.
City Attorney McLain defines pro and con.
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Steven Lord, 800 W. State Street, is an attorney who has been hired by the Protect Eagle Neighborhoods
Association. Lord requests that he have more time to speak. To speed up the conclusion of his
presentation, he asks that those in the audience who agree with his prospective, to stand and that might
eliminate a lot of con testimony. Those who want to speak in favor may go first.
The Commissioners are in agreement with Lord and invite those who are in favor to speak first.
Gloria Geleynse, 452 Pebble Beach Way, lives directly west of the proposed tower and is in favor of the
personal wireless facility. Geleynse started doing research after the PEN petition came around because it
seemed to her that there wasn't any that was done. Geleynse presents her research that she had done on
the following topics; Decrease in property value, radio frequency waves, noise pollution, neighborhood
esthetics, and view corridor. "I would like to not have my phone calls dropped."
Carl Geleynse, 452 Pebble Beach Way, believes that a solid infrastructure is critical for society and it's
critical for us living in this town. He has lost numerous calls or couldn't get calls to go through and it's
important for safety reasons as well as productivity. He urges the Commissioners to approve it.
Mike Hlavac, 669 Spyglass Way, is in favor of the personal wireless facility. To yield time he states that
his key points have already been mentioned.
Will Mosman has no comment.
Stephen Lord, 800 W. State Street Ste 201 Boise, Idaho. Lord is a lawyer that represents Protect Eagle
Neighborhoods, a nonprofit corporation. Lord points out that there are numerous concerns with the staff
report and items missing per Eagle City Code. He refers to Eagle City Code 8-3-5(S) and indicates that a
registered engineer needs to be the one who provides critical information to the City. Currently there is
no signature or license number from a registered or mechanical engineer, with respect to any of the
matters where electrical engineering or mechanical engineering needs to be a part of the application.
Lord gives a brief explanation of the Idaho Supreme court case law. The cases are Fischer v. City of
Ketchum and Daley v. Blaine County. He lists out the required items that are missing in the staff report,
these items are: 1) Documentation from a qualified professional engineer showing compliance with the
FCC standards. 2)A report describing tower height and design. 3)A propagation chart showing existing
and proposed transmission coverage. 4) Written analysis demonstrating that the proposed site is the most
appropriate site within the immediate area. Lord suggests the Commissioners look very carefully at what
is in compliance with the City's ordinance regarding personal wireless facilities. For that reason, he
suggests the Commissioners deny approval and wait to see if the information that the City requires by
their ordinance ever appears,because as of now it is not here.
Chairman Wright asks staff for clarification on the comments of the engineering report and whether or
not having the availability of an engineering report available at this time in the stage is applicable?
City Planner Williams, refers to 8-3-5-(S)(10) and states that in the past staff has conditioned those out.
Staff was unaware of the case law that has come out of Blaine County and Ketchum. Based on that and
what Mr. Lord has stated staff may be looking at an incomplete application. Pursuant to those Supreme
Court cases staff can not condition those out. Williams recommends that the Commissioners remand the
application to staff,to allow the supplemental information to come in and do a renotice.
City Attorney McLain states that staff did learn of the Fischer case today. McLain gives a brief
interpretation of the case and how it's similar to this item. She refers to Ordinance 672 that has yet to be
codified into Eagle City Code. No where does it say that a conditional use permit can be granted or
denied as clear as the Fischer case does but it certainly does make it a requirement as far as a submittal
requirement. It is inevitable that we're going to have to table this hearing giving that volume of people
still wanting to speak. She suggests that they continue to let as many people speak and table the hearing
and let the City decide whether or not a remand is more appropriate or complete the application at a date
certain once it's tabled.
Roehling asks for clarification, given that an engineering report at a minimum is due and it appears that
the application is incomplete,that would require that we reopen the public hearing?
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City Attorney McLain asks the applicant when they can get the engineering reports submitted.
Shawn Nikel, 1589 N Estancia Eagle, Idaho. The report that was submitted this afternoon was a stamp
on site plans. To address the question on how long it would take to provide those reports, they will have
to get with staff to see what exactly is needed.
City Attorney McLain, states that this application has been duly noticed and the public has a right to
review the entire report including the engineering report. In effort to not have to renotice, she suggests it
get tabled to April 21 St and get the engineering report at least one week prior.
Lord is concerned with the time line that has been recommended and suggests that the City allows a
reasonable amount of time for those in the public to be able to digest the new information and make
intelligible comments.
Roehling clarifies his previous comment.
City Attorney McLain states that at the next hearing there will be an update from staff and the applicant,
as well as a continued public hearing for public output. The City is required to do a 15 day public notice
before a public hearing even starts. That will be a trigger point. If the City can get that by 15 days
before the April 21 St public hearing date,that would be a restart.
Roehling believes that renoticing is a relatively small investment in this case for the City and the
applicant, in order to ensure that a due process is met.
General discussion amongst the Commissioners.
Roehling moves to recommend remanding back to staff item 5b CU-O1-14. Seconded by Smith.
ALL AYE... MOTION CARRIES.
6. NEW BUSINESS: NONE
7. REPORTS:
A. Commission: Smith comments to staff that the staff report was a tough thread to follow with
the duplicate emails. He will be putting together a table of some sort showing all the
requirements that have been asked,have they been met, etc. He also recommends to the
applicant that he simplify his power point presentation and keep it down to bullet points.
B. City Attorney: No report.
C. Staff: No report.
8. ADJOURNMENT:
Smith Moves to adjourn. Seconded by Roehling. ALL AYE... MOTION CARRIES.
Hearing no further business,the Commission meeting adjourned at 7:44 p.m.
RESPECTFULLY SUBMITTED:
O. oleos
SHARON K. BERGMANN : C.) :p4'
CITY CLERK/TREASURER V -'�
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APPROVED: ',, •�'•∎r I10.QQ' •'
DONALD P. ROEHLINI,
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CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST.
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
March 17, 2014
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March 17, 2014
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March 17, 2014
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PUBLIC HEARING SIGN-UP SHEET
March 17, 2014
SUBJECT: CU -01-14 — Personal Wireless Facility (height -over 35 -feet) — Skyway Towers, LLC:
NAME
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