Minutes - 1997 - Planning & Zoning - 11/17/1997 - Regular
EAGLE PLANNING AND ZONING MEETING
MINUTES
November 17, 1997
The Planning and Zoning Commission met in regular session on November 17, 1997. Chairman
Bradley presiding.
1.
CALL TO ORDER:
2. ROLL CALL: The following members were present: BERT BRADLEY, DONALD
BRINTON, F ARRIN FARNWORTH, GENEVA TRENT, FRED WILSON. A quorum is
present.
3.
REQUEST FOR APPROVAL:
A. Minutes of November 3, 1997.
Moved by Brinton and Seconded by Wilson to approve the minutes of the November 3,
1997, meeting as corrected. ALL AYE...MOTION CARRIES...
4.
OLD BUSINESS: None
5. PUBLIC HEARINGS:
Chairman Bradley announced it is the time and the place for the Public Hearing.
A. CU-5-97 - Cellular Transmission Facilitv - Carl Stearns: Kim Garrick with AT&T
Wireless Services, represented by Carl Steams with JUB Engineers, is requesting conditional use
approval to construct and operate a cellular transmission facility with a 110' tower and a 336 sq.
ft. equipment storage building. The 5.3-acre site is located approximately nO-feet east of
Edgewood Lane and 800-feet north of State Street at 350 S. Edgewood Lane. (This item was
continued from the November 11, 1997 meeting.)
Brinton introduces the item.
Bradley recuses himself and turns the meeting over to Vice-Chairman Brinton.
Butler comments that the original consultant which had been contacted had a conflict of interest.
He then contacted a consultant of Utah. The new consultant would have the information
available at the December 1, 1997 meeting. Butler notes that the applicant has agreed to the
continuation of this item.
Moved by Wilson to continue this item to the December 1, 1997 meeting. Seconded by
Farnworth. ALL AYE.. .MOTION CARRIES. (Bradley having recused himself.)
Brinton turns the meeting back over to Chairman Bradley.
B. V AC-3-97 Redwood Creek Easement Vacation: Redwood Creek Development,
represented by Briggs Engineering, Inc., is requesting a vacation to the final plat of Redwood
Creek Subdivision No.2. The proposed vacation would allow the removal of all easements
along the common lot line between lot 9 and 10, Block 4. The 80-acre residential subdivision
consists of 69 lots and is located on the north side of State Highway 44 approximately 1.8 miles
west of Eagle Road.
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Bradley introduces the item.
Becky Bowcutt, 11283 W. Hickory Dale, from Briggs Engineering will be representing the
applicant. Gives a brief overview of the application. Discussion for clarification between the
Commission and Ms. Bowcutt. Commission questions whether or not the Homeowners
Association has approved the vacation. Butler has the letter from the Homeowners Association
and from the Drainage District approving the vacation and presents it to the Commission their
review. Brinton questions whether or not there is a minimum lot size. Butler notes that it
applies only to residential lots, not common lots, such as this. Brinton addresses staff and
request that in the future the City Code be amending to eliminate the restriction that lots cannot
be totally eliminated.
Butler gives a brief staff report.
Bradley closes the public hearing.
Farnworth has no problem with approving this item. Trent, Bradley, Brinton, and Wilson have
no objections or further questions.
Farnworth moves to approve V AC-3-97 Redwood Creek Easement Vacation. Seconded by
Brinton. Discussion for clarification. Farnworth amends to add the staff
recommendations. Brinton agrees. ALL AYE.. . MOTION CARRIES.
6.
NEW BUSINESS:
A. 97-22-RC & 97-31-PDC- Rezone from RR to C-l. Planned Commercial Development.
and Conditional Use Permit - Llovd Campbell. Lloyd Campbell is requesting approval of a
rezone from RR (Rural Residential) to C-1 (Neighborhood Commercial), approval of a planned
commercial development for a 1,400-square foot building with indoor and outdoor seating and
drive-up window for sales of espresso coffee, yogurt, and other related items, and approval of a
Conditional Use Pennit for a Drive-up window. The 1.09-acre site is located on the southwest
comer of Beacon Light Road and new State Highway 55. This is in the Area of Impact.
Bradley introduces the item.
There is no representative present for the applicant.
Butler provides a staff report on the item. Gives a history of the application. This item is
not in the Eagle Area of Impact. Ada County sent the application over as a matter of
courtesy. The staff report recommends denial for the rezone of C-I zoning, based on the
Ada County Comprehensive Plan.
Discussion between Staff and Commission to provide further clarification on the
application. Brinton asks if there is any way to restrict the way it is used. Butler
comment that the Commissions role is only as a recommending body at this time.
Brinton acknowledges this, but questions ifthere are any other options. McFadden states
that if Ada County codes do not allow for a development agreement, the only way to
regulate the type of business is to restrict the zoning. Discussion ofletter submitted by
Mr. Dobie.
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Brinton agrees with the staff report and notes the specific passages in the report.
Farnworth questions if a C-l zone would need to have water and sewer other than septic
tanle Trent has no comment. Wilson asks the number of cars currently using the service
road going out onto Beacon Light. Butler states that ACHD figures an average for single
family homes often trips per day per home. Wilson states he is somewhat uncomfortable
about denying use of property. Bradley states he does not feel a fast food or a C-l heavy
commercial type use would benefit the people of that area as much as a more highway
commercial. Bradley concurs that people do have a right to develop their land, however,
he feels you may need to direct the certain types of usage.
Brinton moves to deny approval of this Ada County Transmittal 97-22-RC & 97-31-
PDC- Rezone from RR to C-1 Planned Commercial Development, and Conditional
Use Permit- Lloyd Campbell on the basis that it does not meet the Ada County
Guidelines for a C-1 neighborhood commercial development. Seconded by Trent.
ALL AYE...MOTION CARRIES.
B. Discussion of Urban Service Boundary
Butler comments that Commissioner Wilson brought to his attention the Urban Service
Boundary. The boundary was used to help guide the city and its planning for infrastructure,
generally where the higher density will be located. Wilson states this was a area which the city
would move its urban services into the near future, and this area would be less than the area of
impact. Bradley notes Eagle's unique situation with the city not having control of the water and
sewer services. It is extremely difficult to plan for the future when the various entities do not
always communicate effectively.
Steve Guerber, 699 Ranch Dr. Eagle, Idaho provides public comment on the situation. Gives
background of the Urban Service Boundary when he was Mayor of Eagle. Believes the lines of
the USB were eliminated when the 1993 Comprehensive Plan was adopted.
Butler provides input regarding the Urban Services Boundary language contained in the most
recent Comprehensive Plan. When the new comprehensive plan in 1993 the approval was by
resolution and it clearly said it repealed any land use maps and any previous comprehensive
plan. In other words the 1993 Comprehensive Plan was not an amendment of previous plans, it
was a brand new plan by resolution. Butler questions the validity of the boundary line reflected
on the map sent over from Ada County. McFadden questions the accuracy of the information
reflected on the map, and provides further comment.
General discussion. Brinton suggest that perhaps when the next revisions of the Comprehensive
Plan is begun this item (Urban Service Boundary) should be addressed.
7. ZONING ADMINISTRATOR'S REPORT:
Butler gives a report from the last Council meeting. Notes that requests for proposal were sent
out to various engineers for the next phase of the Comprehensive Plan amendments, and one
proposal was submitted. The process should last six or seven months.
Brinton asks if Butler has contacted various agencies for reports. Butler states he is planning on
sending out letters to various agencies and request their presence.
Brinton also questions where the water will go if the Boise River floods. With the construction
of the by pass how will the water flow. Brinton directs Butler to question the City Engineer on
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how much such a study would cost. This type of report should be part of Eagle's emergency
planning. Farnworth gives more comment on the necessity of the study.
Steve Guerber 699 Ranch Dr. Eagle, Idaho. Comments on the Boise River flooding. In effect
the bypass has created a dike and the river could back up in areas which previously would not
have been affected. Guerber feels a study of the effects would be a very good investment and
provide excellent infonnation.
Brinton directs Butler to put this item in his staff report to the City Council.
8. ADJOURNMENT: Moved by
AYE.. .MOTION CARRIES...
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Farnworth and Seconded by Brinton to adjourn. ALL
BERT
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A TRANSCRIBABLE RECORD OF TillS MEETING IS AVAILABLE AT CITY HALL.
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