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
--~--~
~------------------~-~--~----- - ,