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Minutes - 1988 - Planning & Zoning - 08/02/1988 - Regular EAGLE PlANNING AND ZONING MINUTEs OF THE AUGUST 2, 1988 MEETING The Eagle Planning and Zoning Commission met in regular session on August 2,1988. Chairman WILSON presiding. Roll call showed the following members present: NYBORG, EASON, WATSON. Absent: SMITH, RUTLEDGE SINCLAIR, Moved by WATSON and seconded by SINCLAIR to approve the minutes of the July 19, 1988 meeting with the following correction: Page 2, second sentence to change the word "table" in the motion to "continue" the public hearing. ALL AYE: MOTION CARRIED. Chairman WILSON declared that it was the time and the place to reopen the public hearing regarding the Conditional Use Permit request by Beggrow. Giving testimony were: Dennis McCracken: Representative, in favor C.W. Debenham: President E.H. Homeowners Assoc.: Opposed. Mr. Debenham entered into record a letter he read to the Commission advising them that he wrote the participants in the Assoc. asking for input. He received letters which he will give to the Commission tonight. Milt Rose: Concurs with the context of the letters, wants to know what happens to the property if the business fails and the business established. Ed Dooley: Wants letters that were previously addressed entered in the records of the meeting. Strongly feels that there would be a traffic problem. John Meyers: Believes that Ada County has too much improper zoning. He moved into the Eagle Hills area because it was a mature neighborhood and not subject to changes. Now he feels his rights are threatened, as well as property values. He feels that the proposal is totally inconsistent with the area and golf course. Brad Bradley, 1411 Medina Ct: He worked with the developer who intended that ground to be a recreational site. . John Carnahan, Pebble Beach Way: Has 2 children and is concerned about their safety due to too much traffic increase. --------~~------------~-~-~--~~----~~-----------------~-----~-~~--~---~---- -~--~-- Planning and Zoning August 2, 1988 Page 2 Greg Foulk, 1353 Medinah Ct.: Same concerns as expressed by others. Conrad Atkins, 759 Eagle Hills Way: Eagle Beagle Day Care is already established. Is there a necessity for another day care? Pat Fifer, 619 Monarch: Eagle Hills Elementary School employee, stated that she gets calls daily from people wanting to know where they can get day care services. Believes the need is here. . Earl Culick, Pebble Beach Way: Bought home believing that covenants would be enforced, the property should be recreational and he will give his house back to builder if this application is granted. . Lori Bowles: She is licensed for day care and has a waiting list for people who need the services in this area. She is concerned about Kindergarten children walking to day care centers, or having no day care to go too. She has seen kindergarten children waiting an hour for someone to pick them up. They get into things during that hour. 453 Pebble Beach Way: there. Does think we need a day care, but not Jo Unger, 761 Eagle Hills Way: Wants the record to state that he is not Opposed to a day care, just not there. There are better locations to have a business. Public hearing closed at 8:05 p.m. Dennis McCracken was called upon to answer questions of the Commission regarding the day care. Mr. McCracken advised the Commission that the requirement is that you must have 35 sq. ft. building space per child. That he intends to have no more than 50 children. The minimum sq. ft. needed is 1,750. There are 1.58 acres which is more than 6000 sq. ft. Outside area requirement is 75 sq. ft. per child, however there would never be all the children outside at once. The building would be a single level, construction in compliance with the comprehensive plan with a harmonious look, fenced yard, in compliance with State Codes and Highway regulations. He intends having a parking area designed for the safety of the children. Employee regulations as provided by law are: I staff person per 4 infants, 13 months to 3 years is another staff person 3 to 5 years is 1 staff per 8 children,S and up is 1 staff person per 12. He has had a density report established by an engineer showing that the density will not exceed the 5 unit per acre requirement. That report has been given to the Commissioners. ~-- ----------~---------~ - -~---- Planning and Zoning Commission August 2, 1988 Page 3 Moved by WATSON and seconded by SINCLAIR to deny the application based on Eagle City Code, Section 8-7-3-2 (C,D,H), that there would be a substantial change in character of the neighborhood. ALL AYE: MOTION CARRIED. Moved by WATSON and seconded by SINCLAIR to recess the meeting for a 5 minute period. ALL AYE: MOTION CARRIED. Meeting resumed. Moved by Sinclair and seconded by WATSON to add an item to the agenda for discussion. That item is the subject of a second meeting each month for P&Z. ALL AYE: MOTION CARRIED. ADA COUN'l'Y AMENDMENTS: Moved by EASON and seconded by SINCLAIR to approve the Ada County Amendment allowing churches in a C-2 zone. ALL AYE: MOTION CARRIED. Moved by WATSON and seconded by EASON to include in the next regular meeting of the P&Z Commission a proposal to change the meeting day of the Commission as provided in the Eagle Planning and Zoning Bylaws, Article VI, and providing that the meeting day be Monday. ALL AYE: MOTION CARRIED. Moved by WATSON and seconded by EASON to include in the next agenda the removal of the wordage in Article IV, Section 1, regarding the Design Review Committee. ALL AYE: MOTION CARRIED. DAY CARE: Report presented by NYBORG. The report included a check list, State Statutes, and a proposed Eagle Code based on Boise's Code on child care. It was established that we need a check list, to know requirements that can be established and enforced, who enforces them, who inspects facilities and personnel and charges for licensing. PT Zone ORDINANCE-IDAHO FALLS: Presented by WATSON, who established that the PT zone must be included in our Comprehensive plan. the PT zones are PT-l for High density and PT-2 for commercial uses. The Idaho Falls Ordinance includes a performance standards check list. It was the general opinion of the Commission to read the PT Ordinance as well as the Dare Care paperwork and to present findings at the next regular meeting. The subject on a PT Zone is the future of State Street out and Eagle Road out to Chinden. Planning and Zoning Meeting August 2, 1988 Page 4 DISTRICT REGULATIONS: The Commission would like to have a final draft presented to them in the next meeting. FINDINGS OF FACT/CONCLUSIONS OF LAW: Quarter DJ Ranch. Moved by WATSON and seconded by SINCLAIR to approve the findings/conclusions as presented. ALL AYE: MOTION CARRIED. At the request Chairman WILSON, the City Clerk will ask the City Attorney to present, in writing, an opinion on the reopening of a public hearing once it has been closed in the event of a property owner entering the meeting after the public hearing has been concluded. The question stems from the fact that the citizens' in attendance will leave the building and not be aware of the reopening of the meeting or the results. Moved by WATSON and seconded by SINCLAIR to adjourn the meeting. The meeting adjourned at 10:25 p.m. EAGLE Approved: ~~ ~RED IL ON CHAI RMAH --~--~ ~------------------~-~--~----- - ,