Loading...
Minutes - 1996 - Planning & Zoning - 10/21/1996 - Regular EAGLE PLANNING AND ZONING MEETING MINUTES T aglêPlånn n .Cþmmission met in regular session on October 21, 1996. Chairman BRADLEY presiding. OCTOBER 21,1996 The following members were present, BERT BRADLEY, DONALD BRINTON, COLLEEN MAILE, RUSSELL MAYER, FARRIN FARNWORTH. REQUEST FOR APPROVAL: No minutes presented for approval. PUBLIC HEARINGS: Chairman Bradley turns the chair over to Vice-Chairman Brinton. BRINTON: Item #B-Findings of Fact for Revised Preliminary Plat of Echo Creek Subdivision will not be held this evening. Commission did not get it in time to review the Findings of Fact. Postponed until the following week. A. Revised Preliminary Plat for Echo Creek Subdivision #5, 6 & 7 (PP-3-96) - William Guhrke with Treasure Valley Village, LTD., is requesting City approval to revise the West half of the formerly approved Trail Creek Ranch Subdivision. The proposed revision includes 154 lots on 50.40 acres in a R-5 Zone (Residential-five dwelling units per acre maximum). The site is located at the Northwest corner of Floating Feather Road and the new alignment of Highway 55. Staff Report: Mark Butler: Overview of project summary. Staff is recommending approval of this item with site specific conditions and standard conditions as noted in the report, the condition start on Page 9. New Revised Staff Report presented to Commissioners. Revised Staff Report: Clerical corrections H:\P&Z\MEETINGS\PLAN_ZON\MINUTES\1996\PZI02196.MIN 1 " 15: Item F: 1996 should be 1991 P e 3 of 15: 2nd P. bottom of page City Code is 9417 not 9419 P øf1 2riiP. dde '8 line of information with regards to block lengths. "The t my e ,.. . e, nd the extra depth needed for the lots to provide a sufficient ce be e re nd the future Highway 55, on the east side, limit these two block lengths. For the smaller blocks to be allowed a variance would be required per Eagle City Code 9-6-3.". Next P.-in correct measurement. 32.5 changed to 16.25. Also 38 changed to 19-footwide landscape strip Page 7 of 15-2nd P.-"offthe streets" is incorrect-should be "within the subdivision Page 8 of 15-2nd P. up from bottom-"to N. Rapid Fall Way and E. Brierfield Drive" to be deleted and add "between Echo Creek and Trail Creek". Page 9 of 15-#3: Delete "to N. Rapid Fall Way and E. Brierfield Drive" and add "between Echo Creek and Trail Creek. Depending upon the final location determined, lot 51 may become a donated lot, in which case an additional lot (80-feet wide) shall be allowed abutting proposed lot 64.". Page 9 of 15-#4: Add "as may be determined by the Council". Page 9 of 15-#6: Delete: "due to the extra run-off that can be expected if the water use is not controlled" Page 9 of 15-#7: Add at the end of sentence "or City approval of a variance shall be obtained prior to final plat approval of phase 6." Page 10 of 15-#9: Change 38 to "19" Page 10 of 15-#16: Delete "of phases 1 through 7 prior to any final plat approvals" and add "of all homes served by this system prior to final plat approval of each phase." Page 11 of 15-#4: Add at end of 2nd P. "7,000 minimum lot size" Page 12 of 15-#7B: At the end of #2. "3" laterals" Page 13 of 15-#1 OA: Add at the end of sentence "To date the City has not established an inspection fee. Therefore no fee will re required of this developer." Page 14 of 15-Add to the 1st paragraph "3" laterals" Page 14 of 15-#27: add "Environmental" between "Areas of Critical" and "Concern" Page 15 of 15-#31 : Added after final plat "first phase if a phased project" BRINTON: Add "1st phase of this subdivision". MARK BUTLER: Overview of Staff report and recommendations. Discussion between the Commissioners and Mark Butler. H:\P&Z\MEETINGS\PLAN_ZON\MINUTES\1996\PZI02196.MIN 2 OUNSEL: As the developer develops each phase he will need to comply with the Review Ordinances. I could be incorrect, I will need to review Ordinance. LEGAL COUNSEL: I have looked into this issue and the Design Review Ordinances in place today would not apply to this Subdivision. Discussion continued LEGAL COUNSEL: Public Hearing is closed except regarding the Staff Report. Mr. Guhrke is to respond to the Staff Report. William Guhrke 2927 Starview Drive Boise, Idaho Comments and explanations on berms and landscaping. Mr. Guhrke pointing out locations on plat map. Discussion between Commissioners and Mr. Guhrke Comments from Legal Counsel on approval of Revised Preliminary Plat. Discussion continued Public Hearing is now closed. Discussion between Commissioners Moved by MAILE to accept the Revised Preliminary Plat for Echo Creek formerly Trail Creek Ranch with the following conditions: all of the conditions proposed by Staff excepting conditions #8 & #9, and all standard conditions of approval excepting standard condition of approval #28 and with the additional condition that we see a final landscape plan specifically dealing with Floating Feather Road and either side of Highway 55 prior to final plat approval and Seconded by MAYER. Discussion H:\P&Z\MEETINGS\PLAN_ZON\MINUTES\1996\PZ102196.MIN 3 TLER: Would you like to add that the Applicant agree to provide six additional Floating Feather Road? n "at applicant provide six additional feet along Floating 109. Second agrees. ALL AYE: MOTION CARRIED. B. Findings of Fact for Revised Preliminary Plat of Echo Creek Subdivision #5, 6 & 7 (PP-3-96) - The Zoning Administrator is requesting Commission approval of the Findings of Fact for the Revised Preliminary Plat of Echo Creek Subdivision #5,6 & 7 (PP-3-96). The site is located at the Northwest corner of Floating Feather Road and the new alignment of Highway 55. BRINTON: Clarification from Mark on Item B why we will not be looking at that this evening so the public might know where we are. MARK BUTLER: Findings of Fact were not completed until 6:00 today. Did not want to submit them to the Commission until they were properly reviewed. You will see them at the next regular scheduled meeting. Vic-Chairman Brinton turns meeting back to Chairman Bradley. Chairman Bradley removes himself from the next two items. Turns meeting over to Vic- Chairman Brinton. BRINTON: Now have the Public Hearing on the two items. C. Conditional Use (CU-9-96) Boise City Cellular Partnership is proposing to construct and operate a cellular transmission site with a 120 foot monopole, one 288 square foot single story 12'x24' support building, a new asphalt/concrete driveway; and, an 8' high fence around a 50'x50' site located at 1341 E. State Street. The tower is proposed to be approximately 400' south of State Street and 1/4 mile west Edgewood Road at the southwest corner of the Container Supply Company parcel. Staff Report: Mark Butler: Overview of Staff Report. Staff recommends denial of this application. Staff does provide Planning & Zoning and Council with proposed conditions of approval just in case Council does decide to approve the conditional use. H:\P&Z\MEETINGS\PLAN_ZON\MINUTES\1996\PZ1O2196.MIN 4 /' Kim .Garrick A WWireless Service 148 eeh Salt e Ci , Disappointed that staff recommends denial of this project. Main concern is two items, height and location. Needs to be a direct line of site between the antennas and the cellular telephone. Antennas need to be high enough in the air to provide line of site. No longer able to provide adequate coverage to the Eagle area with the present sites at Table Rock and Meridian. If we have a site where we are proposing we would have very good coverage for the City. If we are to far out of town it doesn't work, if we are in the foothills are signal is blocked. It becomes very critical where we can locate. Anything that can give us the height is our first option: mount on existing structures like buildings that are tall enough, smoke stacks or existing telecommunications towers. Obviously in this area there is nothing out there that is tall enough to give us this height. We are forced to go with a free standing utility pole. Displays charts which shows the signals. We started this process months ago. As we took a look at your City, the way your ordinances are written and your zoning map it became apparent that the most appropriate location for our kind of use would be in a manufacturing type zone. That is why we are located where we are. It can fulfill our basic engineering needs, although we would prefer to be closer into the City. The closer you are the better the signal will be and the lower the pole will need to be. This site does work. Refers to photographs provided to the Commissioners. Discussion about the site, the pole and the antennas. Willing to landscape the site. Presentation of landscaping plan. Propose chain link fencing. Building houses electronic equipment. We will be happy to do whatever it takes to blend in. 700 of your businesses and residents in the area rely on this. Discussion between Commissioners and Applicant H:\P&Z\MEETINGS\PLAN_ZON\MlNUTES\1996\PZ102196.MIN 5 bin 80 . rfield, Utah Site at Table Rock is 500'-600' off the valley floor. Site in Meridian is 300-350' tall. Two of the original sites in the area. We do not get the building penetration if the site is closer to town. In Eagle you can make calls outside but in a building you have interference. Discussion between Brian Robinson and the Commissioners Delores Creed 1337 E. State Street Eagle, Id No picture reveals the residence in the immediate vicinity. Pictures take are from % mile away and do not reveal the single residences. My concern is how the roadway looks as people approach the City. Rather unsightly. Have there been any complaints from people who live in the area the of Meridian site. Quite a tall pole, will it have flashing lights? Will it cause interference with television and other appliances? Hate to see air space over Eagle become a junkyard. Reed Merrill 1125 E. State Street Eagle, Idaho We have a 60' elevator leg that is out there on our feed mill. We plan to take this down because it has been outdated about what is supposed to happen to the area. There are other reasons we had to update and relocate 25 miles to Emmett. Next year we will start to remove the buildings and we will have no poultry buildings. Do we want to have a tower that high in the middle of a commercial and residential area as a part of our City? We have a bench up there and if we need to have that high elevation, just north of Highway 20 there is a hill that is 40' higher than here and they put a 120' tower up there it would be 160'. I expect we could probably live with that. 20 years from now I expect our town to be pretty solid out to Highway 55, do we want that in the middle of it? H:\P&Z\MEETINGS\PLAN_ZON\MlNUTES\1996\PZ102196.MIN 6 ney 1 2. State Street E Ie, Idah I we liv.êCt in.. Ea r;~OYêars. I have delivered mail in the Eagle area for many, many years, particularly those people west of the City of Eagle. I respect these people and I think we should respect their rights. Will we have a bounce back from the Meridian signal? We need to protect the rights of people, especially the people who have lived in this area for 50 or more years. Putting a tower like that in would do anything but enhance the value of the property. The Merrill family have been very generous to the City of Eagle by donating land for a City park. Nothing should be done to the value of their property. I hope that a different location other than the one selected could be found. Gaylin Merrill 1275 E. State Street Eagle, Idaho I think many of the comments made already cover what I was going to mention. There are many things that are planned for that corridor, from Eagle Road to Highway 55. The things that are planned for that area will not to conducive to a pole of that nature. I would not appreciate that in my backyard. Douglas Foot Mimie Road Eagle, Idaho I have had cellular service for several years. I have a vested interested in this. I am a very tiny wireless dealer. One of the things cellular provides is emergency service. There are places in the City of Eagle where the phone does not work. The phone does not work in my home. Placement of the antenna is critical to get proper coverage. It is totally silent operation. In 90 days you won't even notice it. This tower may not even be needed in 10 years. Eagle is growing to the North and to the West, it is not growing to the East. This is the best place to put it in my opinion. Nancy Merrill 1275 E. State Street Eagle, Idaho H:\P&Z\MEETINGS\PLAN_ZON\MlNUTES\1996\PZ1O2196.MIN 7 irectly in our backyard. I did have contact with Susan Gray who was the engineer w put up the Idaho Power poles out here. Pole outside our property is 72'. They vary a ey¡!g;p nStat e~~: As far as growth in Eagle heading east and west. Right n we are . I~g~1, kel.~nd Estates which you guys are looking at tonight. In that d'. tion ålsOJ$ MÎ ..zoni~ic.bjs slated for Monroc and all the way through there clear to Eagle Road as residential and commercial mixed use. On the North is single family residence and for the future of that is more subdivision with the Hill road expansion including an alternative school. Right across street is commercial. On the South is now zoned agriculture on the Comprehensive Plan it is zoned as a high density residential mixed use and we have plans for a retirement center. East of here you have Industrial Container Supply and we have the major bypass, the entrance to the City it is highly visible commercial and medium density. On the West you have a single family residence which is slated for high density housing clear to the river. High density housing, commercial mixed use and professional office that is what is planned for Eagle. Our City Code, 8-7-3- 2, Conditional Use Standards says that we will look at these proposals with these things in mind. Why would we want to add one more pole at 120'. In our Comprehensive Plan our very first purpose and goal is to protect property rights and enhance property values. In our Zoning Code we have 8-2-4 that limits buildings to 60'. We just passed a Design Review Ordinance that limited towers, steeples, poles, antennas and requires any structure to be limited to 35'. We are also making all of our business people who have pole signs take those down within a ten year period. This pole would be visible to every person who enters the City. This portion of the Public Hearing is closed at this time. Kim Garrick ATT Wireless 1483 Grenfeld Av. Salt Lake City, Utah The last thing we want to do is come into town and make everyone mad at us. We recognize the concerns about being close to homes. Very difficult not to locate close to homes in the City of Eagle. We do not have eminent domain. We have to go through a planning and zoning process. It was brought up about complaints at other existing sites. The Meridian site was built long before there were any homes. It has never been proven to degrade home values. Question about flashing lights. We have to meet the requirements of the Federal Aviation Administration. We do not have to have a flashing light on this pole. This will not interfere with TV or radio. Moving into foothills does not H:\P&Z\MEETINGS\PLAN_ZON\MINUTES\1996\PZ1O2196.MIN 8 r signal to go where it needs to go. This will not cause interference with the ian site. We want to work with the City and come up with something that is iii,S ~en~õrking on this for a year. We are trying to do the right thing tHa m eEit to take a look at this and see if there is something we can o. wo tmayb~ come up with a site or do a co-location with this other applicant, we are certainly open to that. Our concern would be that we are going to be pushed to far outside were we need to be. If we can't be near where the people are we can not provide the service that we need to. Discussions between Commissioners and Applicant Discussion among Commissioners. LEGAL COUNSEL: Should you decide to continue this I might ask that perhaps you might include in that motion that the Public Hearing be open and continued so that the applicant can have an opportunity to present additional testimony. So you will have to continue it to a date certain. BRINTON: We did close the Public Hearing but we could reopen it for additional information and that could be part of the recommendation that the Commission makes Moved by FARNWORTH to continue this application CU-8-96 so that further information can come to us pertaining to one location in our City for cellular phones and continue until the Dec 2nd meeting, with the hearing open for additional information and Seconded by MAILE. ALL AYE: MOTION CARRIED BRINTON: Question of legal staff. Based on our decision to continue Item C do we need to take a look at Item D at this time for design review or would it more appropriate to continue that at the same time. LEGAL COUNSEL: I think you can continue that. D. Design Review (DR-16-96)-Boise City Cellular Partnership is proposing to construct and operate a cellular transmission site with a 120 foot monopole, one 288 square foot single story 12'x24' support building, a new asphalt/concrete driveway; and, an 8' high fence around a 50'x50' site located at 1341 E. State Street. The tower is proposed to be H:\P&Z\MEETINGS\PLAN_ZON\MINUTES\1996\PZIO2196.MIN 9 . ately 400' south of State Street and 1/4 mile west of Edgewood Road. ntinue item D to December 2,1996, and Seconded by ALL AYE: MOTION CARRIED Vice-Chairman Brinton turned meeting over to Chairman Bradley. E. Conditional Use (CU-9-96)-Ron Bath representing SDR Development, LLC., is requesting City approval of a Conditional use Permit for a temporary gravel extraction operation for the construction of a lake within the proposed Lakeland Estates Subdivision. The 23.1 acre site is located approximately 1,000 feet south of State Street, adjacent to the east boundary of the Monroc property. Staff Report: Overall review of Staff Report: Staff is recommending approval of the Staff recommended conditions and standard conditions outlined in this report. Ron Bath 6281 Charleston Place Boise, Idaho We have all been through this project. We are back for a Conditional Use Permit. The first one is obviously the concern about the design of the lake and how it will turn out. This will be by law and regulation. This is what is called a one in five decline, for safety factors and that would be that every 5' of depth in the lake it would drop 1'. There will be no rock crushing. Discussion between Commissioners and Applicant Donald Stewart 4822 N. Tread well Way Boise, Idaho I am not opposed to the development. I am adamantly against the term "gravel pits". The dewatering of the site and the disposal of that water, how is that going to occur. Is the pond that is there, 3 acres in size, going to be enlarged. How deep are these going to be. H:\P&Z\MEETINGS\PLAN_ZON\MINUTES\1996\PZIO2196.MIN 10 s when we do this we set a precedent for others, I think we have to be a little bit portion is closed at this time. Ron Bath 6281 Charleston Place Boise, Idaho Regarding the questions about dewatering. Will be dewatered during the course of the extraction. We will have to mitigate with the canals. No changes will be made to the other lake. Depth will be between 24' and 35'. The existing lake is 24'. In no case will there be a depth of more than 35'. The amount of material to be removed in estimates that we have been given by companies that have taken a look at this roughly 50,000 yards per acre. Discussion between Commissioner and with Staff. Moved by BRINTON that we accept and approve the Conditional Use Permit CU-9-96 SDR Development as presented with one condition in addition to the conditions that are already in there and the modification of #7 that we have modified and that is that we get plan approval by the City Engineer and any ditch company for the dewatering operation, that they approve their plans and normal business operating hours 7:00 am to 6:00 pm and Seconded by MAYER. ALL AYE: MOTION CARRIED OLD BUSINESS: CHAIRMAN BRADLEY: I had a call from Mr. Masner to reopen the Hidden Springs so we can better review this item. BRINTON: Ada County is requesting a reply by November 1 and we don't meet until after that date. MARK BUTLER: I have spoken with Mr. Masner. He would like the Commissioners to look at the book completely. Look at this at your next meeting on November 4 and have the Council look it after that. He feels that it is such a significant project that if a delay is necessary a delay should be required. I have talked to the people of Ada County and they H:\P&Z\MEETINGS\PLAN_ZON\MlNUTES\1996\PZ102196.MIN 11 jpterested in delaying it. missioners and with Mark LE1\(: thâtwe have are about the same as what Council has at this time and we have about the same comments. We will have to rely on City Council to make that decision. We do not have time to reopen this and take a look at this. LEGAL COUNSEL: You would need a motion to get it on the Agenda. And that should have been at the beginning of the meeting. By putting it on the agenda without having the applicant here there may be some concern about fairness to the applicant. This is a nonbinding recommendation to Ada County. This body could reconsider and send whatever recommendation they want to City Council. Have to have a motion to put it on the agenda right now. Moved by MAILE to put it on the Agenda and Seconded by BRINTON. Discussion between Commissioners MAYER: I'm probably going to vote against putting it on the Agenda. I think everybody should have the right to have something to say if we are going to make a recommendation. The public and applicant need to hear what commissioners have to say. FARNWORTH: I think this is out of our hands. Call for the Question. More Discussion BRADLEY: I have mixed emotions about opening this without the applicant being here. I think that is wrong and it is not fair at all. ALL IN FAVOR: 2: ALL OPPOSED: 3 MOTION NOT CARRIED :NEW BUSINESS: NONE H:\P&Z\MEETINGS\PLAN_ZON\MINUTES\1996\PZ1O2196.MIN 12 ,.WORTH: Its not on the agenda but I need a clarification. One of our citizens called askèd for a letter from a Commissioner in order to obtain loan, indicating that her i.cuIÞ~lipi o~i/prq eds to remain R5. Her banker told her that she needed a r so tlr1at qnir} ot be changed from R5 to commercial. I have no idea what boutb I tt,¡~ughting this up. LEGAL COUNSEL: This has come up in the past and we have been asked to write letters stating that some particular parcel is zoned a certain way or it will be zoned at some point in the future. As a general rule for legal counsel to the City we are very reluctant almost to the point of refusing to write opinion letters for lenders. That is what this lender is looking for. He wants an opinion letter from the City that says the zoning will stay one way so they are assured that their loan will be more secure. The most the City can do is state what the property is at a certain period of time. We can't go beyond that. Our policy is that we don't do that. ZONING ADMINISTRATOR'S REPORT MARK BUTLER: I do not have anything that is pressing. Moved by MAILE to adjourn and Seconded by FARNWORTH. ALL AYE: MOTION CARRIED c--~ D. KOREY LOWDER EAGLE CITY CLERK ,\,iUQ~~!'~'I,'., ,~ rJ' "", """ ~~ ~1 . ,-' }"','>~ ~~ ~ '"\. ' " ""...... "',, .." ~'" .."".,r:¡~.., '¡".'" ."-" .. C,j f! .'" ~,., ~""o '".,-:', ";, ! l c~ru¿"1:. ';. '" ~;: : ' ;; (, .;'::", .. ..Aw.. -..c¡. :.. ,,' " .. .' " 'o" ~ : :... -..., - (I' ;~ .. ""'.í~ c:: '"1 }!," i.~~~ ," ': ".(","",A..'[lf..,~.? ,;' -;. ..,p~.,.,-:,;::, ,:'.; ,; i.P~.J;/>")" ....'1',\,,'0'" C,, ",,' ".. .(':1 "......,...", '""""""" ## ~ 'h , . ~, "",~' .t, oliJA"", ~'\..' ~'. ' "'## '4Jfr lY ..~:~o:. ""'nUI'\' A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY HALL H:\P&Z\MEETINGS\PLAN_ZON\MINUTES\1996\PZI02196.MIN 13 , t,) \-5 E C£LL-L-{ l-A ~ ~O l - NAME ADDRESS/ TELEPHONE I~' 1 E >t'~~ £.a ~ ~ P-t:} 9 I I;;\S-~. ~ ~ú..: SUBJECT ~'&u.t~ p ~~ ß ¡Let ý I ~ ~~ ~\ef~\ \ \ Page 3 of 1 H:\ WP\MINUTES\CCO91 096,SIG ~ ¡J-1f --'1 b) (De-I-b -9 b TESTIFY YES/NO? () NO ¡v'¿¡ No ( gA~tL ~tT ~1\Kt:ù\1VC C.U-11b NAME ADDRESS/ TELEPHONE SUBJECT TESTIFY YES/NO? ¡ .\ . .~~, ~ ~ - t/ð Z- Z- AI It"e-d.ciJ <e:J \ ~ bV'CA..~ P l f-- IJo ,-£ð «2-V' !So(;SiLó3?c>3 3~'77~ Page 3 of I H:\ WP\MINUTES\CCO91 096,SIG 10/18/96 FRI 12:41 FAX ~O02 , , western ! j ! pes corp October 18. 1996 Mr. Mark Butler. PJanniog and Zoning Director City ofEagJe 310 East State S(n:cf Eagle. Idaho 83616 Dear Mark.: Pkëase amsider this a leu.cr of inlL"lJ1 to submit an applicaliun for a teJeĊ“mmw1ical.ioJl ¡ recei"ing/1ra.nsmiUing facility within the CitJ of Eagle. r alllicipate submilling an application for 11 COJldil.iunal use pennit and design review \\oitbÙ1 the .next week. Western PeS is ClDTCnlIy developilig a PCS (pcn;onal commun.icaúons seniws) teJecoDllDWlicaliouti Jlclworlc covering DWCh of soulhcm Idaho, pursuant to Federal Communications CoJUDlilõSion licenses. Veve1opLng a ncLwmk of antenna sites which It) functions \\--ell tf'CjUÚcally and b) complies with local rcgubdions and future plans can be difficult. 0\'CC the p3Sl few ulOnths you have assisted our effort considerably, by expJai..oing Eagle' ) potential coocer1lS, and ~1IggCStÏng appropriaJ.c aICIS of town in whicb we might best JOCdé.. OuT site search, acquisition, aJld planning dfons IargcJy reflect your advice. Without go~ into greal deLaiI abouJ mlf" impending application.. UIC sit~ is the Republic SI()r.¡gc facility on Highway 55. in the ca....ccm part of town. The Iacilil}'. located on this propcl1y, win be in apparent compliance ",ilh both the Eagle zoning ordinance and gcneIal plan. Our pbtns arc to set the facitily h,1ck a considcrnble distance from Highw.Jy S5 and employ scß:Cuing identical to that already fòtmd in the stora~ complc.~ Thanlc you fur your advice and TCCOmmendatioDS, to date, M<uk. J look forward to slIbmilling our proposal Úl the rlC.~ \\t:eIc, and to working wiU. yoll and local officials to assUJC (."(1mp¡ltibility. Yours uuJy. U....J II. lJ~ DéI\'id H. Wiltsee FlawJ.ing and Zoning Coordinator Western PCS Corpondion 3184 Elder Street Boj_, 10 83705 (208) 422-9815 FAX (208) 422-0270