Minutes - 1996 - Planning & Zoning - 02/05/1996 - Regular
EAGLE PLANNING AND ZONING MEETING MINUTES
February 5, 1996
The Eagle Planning and zoning Commission met in regular session on
February 5, 1996. Chairman BRADLEY presiding.
The following members were present: BERT BRADLEY, DONALD BRINTON,
RUSSEL MAYER, FARRIN FARNWORTH. Absent: COLLEEN MAILE
Moved by BRINTON and seconded by MAYER to approve the minutes of
the January 22, 1996, meeting substituting the name "Farnworth"
instead of "Brinton" for the Commissioner nominating Brinton. ALL
AYE: MOTION CARRIED.
Moved by BRINTON and seconded by MAYER to move the Findings on item
6.A, Channel Center to be discussed after the public hearing on
Ordinance #273. ALL AYE: MOTION CARRIED.
PUBLIC HEARING/Ordinance 273 - Private Streets (continued):
Chairman BRADLEY announced it is the time and the place for a
public hearing regarding the application on the Private Street
Ordinance.
The amendment includes the following: a definition of private roads
to section 9-1-6, amends section 9-3-1.1 to allow private streets,
adds a new section 9-3-2-5 to the ECC setting forth the findings
required to be made by the Council in order to approve a private
street and further sets forth the construction and design standards
for private streets. This ordinance amends section 9-5-4-3.B to
allow private streets in planned unit and condominium subdivisions.
Mona Mack, the City Attorney, addressed the amendment as presented
tonight. She has reviewed the amendment and suggests further
changes. Those changes include:
1. To exempt driveways from the definition of private streets.
2. Designs and inspections: require certification by professionals
involved (engineer) that the designs are in conformity with current
engineering and design standards (Ashco-the engineering design
handbook).
3. Chapters 3 and 4 of Title 9, as being applicable. Right now
the language is, if they are not in conflict. The intent is not to
have them conflict at all. That only this ordinance, the new
section 9-3-2-5 is applicable to private streets. So as to avoid
interpretation problems in the future, which the conflict language
would lead to, I suggest "unless expressly provided under the
provisions are applicable".
4. This ordinance provides that the owners are to be responsible
for improvements. Who is the owner? It should read owner(s) or the
entity responsible for the maintenance.
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5. 9-3-2-5.C.1. Should omit "The legal description of the" and the
word "designated" should read "depicted".
6. 9-3-2-5.C. There should be a note on the face of the plat that
the protective covenants cannot be modified and the homeowners
association dissolved without the express consent of the City of
Eagle as it pertains to the private street maintenance issue.
7. Drainage: 9-3-2-5 B.3. The design of all private street and
related storm drainage shall be completed by a licensed
professional engineer in the State of Idaho and construction
drawings shall be submitted for review and approval of the City
Engineer.
8. The No Parking Signs shall be placed, as directed by the City
Engineer.
Note: The City fee schedule should be amended to
application for subdivision with a private street.
inc 1 ude an
Testimony: none
Steve Bradbury, attorney, indicated that he does not have any
problems with the suggested changes.
The public hearing closed at 8:07 p.m.
Moved by BRINTON and seconded by MAYER to recommend approval of the
ordinance as modified this evening and to include the storm
drainage and note on the face of the plat submitted by the City
Engineer. ALL AYE: MOTION CARRIED.
Findings of Fact and Conclusions of Law/Channel Center Subdivision:
Moved by BRINTON and seconded by MAYER to accept the findings as
presented. ALL AYE: MOTION CARRIED.
PUBLIC HEARING/Meridian School Academy (continued):
Chairman BRADLEY announced it is the time and the place for a
public hearing regarding the application for a CUP for a school
academy.
Applicant: Meridian School District
Proposal: Academy for 80 to 125 high school age students
Location: E. State St. (The Bass property)
Mary Berent, City Planner, addressed the private street issue and
advised the Commission that the private street would not meet the
building and fire codes. ACED reviewed this project designed with
a private street and would have to review the project again, with
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a public street in mind.
Jim Carberry, school representative, spoke to the Commission
regarding the project. He indicated that the District will adhere
to ACHD restrictions. They do have a letter from the sewer district
and they have provided the traffic study which indicates they will
have a left turn lane and wo\:i-là ~ a.GQ€~];.¡it.e t.r-.fü.c... The
drainage district will put in writing they do not have a problem
with drainage.
Michelle Mast, speaking for the District, attends the Meridian
Academy. She likes the school and thinks it would be very useful.
The environment is better.
Daunt Whitman, Eagle Building Inspector: reviewed the plans for the
academy. The access to the academy is required to be public. The
UBC reads it has to be a public access of 20 ft. and maintained as
access to the public street. The buildings are temporary, in that
they can be moved. They could be permanent, and do meet codes.
Testimony:
Opposed:
Scott Leverman:
Karen Breaux:
Steve Peterson:
In favor:
Nancy Amell
Written testimony: Lynn Sedlacek, Colleen Maile: in favor
petition submitted in opposition with 107 names
Also opposed is Denis and Celia Callagher, Steven & Becky Petersen
and Otto H. Achenbach.
The public hearing closed at 8:50 p.m.
The concerns of the public were: the temporary buildings, not
compatible or harmonious with the existing neighborhood. The
school buildings are to close to the houses, the fencing and
concern about a multi-story school unit. Some of the opposition
was locating the school buildings as far back. The buildings should
be on State St.
Moved by BRINTON and seconded by MAYER to approve the CUP with the
following requirements:
1. Must meet the requirements of ACHD regarding the roadway as a
public road.
2. They continue
fashion as it now
3. That the City
the fencing along the east side in a similar
exists.
receives an approval letter from the Drainage
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District #2 and a letter from the Sewer District that they will
serve the site.
4. Meet the requirements of 8-3-3-D the setbacks, with a minimum of
25 ft. setbacks.
5. The portion north of the canal be maintained as well as the
front portion of the property which will be undeveloped, with a~/
dust free environment
6. Installation of sidewalks or bonding for the sidewalks
required. . ~ .
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ALL AYE: MOTION CARRIED. ~\Jf'r1: ç~..,..,," WD~+'" '
PUBLIC HEARING/Eagle Fire Station #2 Conditional Use Permit:
Chairman BRADLEY announced it is the time and the place for a
public hearing regarding the application for a CUP for a fire
station on Floating Feather Rd.
Applicant: Eagle Fire District, Station #2
Proposal: Fire Station
Location: Corner of Floating Feather and SH 55
Steve Christensen, Fire District Engineer, outlined the project as
10,388 sq. ft. building, 3 truck bays, and 2 bedrooms for staff.
The style is to blend in with residents in the area. The station
will be fenced away from the subdivision on the north and west side
in the same style as the fence is now. The Fire District can ask
for and receive a traffic signal at Floating Feather Rd., if the
district would fund it.
Testimony: in favor
Carl Wonacott
Dan Friend
No opposition was given.
Legal interpretation: The Schedule of District Regulations does not
list fire stations. They are not in the definition of public
services. Therefore, the Zoning Administrator must interpret the
City Code. Because of the existence in the Comprehensive Plan of
this site as a fire station, consistent with it, the City Code was
interpreted as allowing this use at that location with a CUP.
The public hearing closed at 9:45 p.m.
Moved by MAYER and seconded by FARNWORTH
a condition as follows:
to approve the CUP with
1. That they are required to go through Design Review and
Landscaping approval.
2. A letter of approval from the Sewer District.
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3. Install sidewalks along Floating Feather Road to the existing
SH55.
4. Request of ITD for a traffic light installed at the new location
of SH55 and Floating Feather Rd.
5. A pathway from North Trail Creek Place to the interesection of
Floating Feather be established in paving or concrete.
6. If the developer of the subdivision does not comply with ACHD
requirements for a sidewalk the fire district will be required
to install a sidewalk.
ALL AYE: MOTION CARRIED.
NOTE: Agreement with the interpretation of the Zoning Administrator
to consider this application as a CUP in a residential zone.
ADA COUNTY TRANSMITTAL:
Ada County Transmittal 96-2-CU/Sandy Miller 36 X 60 barn. Moved by
BRINTON and seconded by FARNWORTH to recommend approval with a
condition that it meets the requirements of the covenants of the
subdivision. ALL AYE: MOTION CARRIED.
Ada County Transmittal 96-5-CU/McKee musical concerts in an
accessory building. Near the corner of Beacon Light and,!
Ballantyne. We have received a letter of opposition from Paul
Lindquist, and a telephone call from Melanie and Jeff Hall in favor
of the building. Moved by FARNWORTH and seconded by MAYER to
approve the transmittal as submitted. ~L AY~: MOTION CARRIED. +~
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Comprehensive Plan: The Commission needs to know what the
assignments were.
Design Review Ordinance and guidelines: There will be a TOWN
MEETING on either March 11 or 25. The City Clerk will check with
the land group, the seniors and get back to P&Z regarding a date.
The land group is expected to speak to the issue.
Council Report:
There being no
p.m.
the meeting adjourned at 11:05
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