Minutes - 1999 - Planning & Zoning - 04/19/1999 - Regular
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EAGLE PLANNING AND ZONING MEETING
MINUTES APRIL 19, 1999
6:30 PM
The Planning and Zoning Commission on April 19, 1999, Chairman Brinton presiding.
1.
CALL TO ORDER:
2. ROLL CALL: The following members were present: DONALD BRINTON, LYNN
MOSER, FRED WILSON, GENEVA TRENT, FARRIN FARNWORTH. A quorum is present.
3.
REQUEST FOR APPROVAL:
Wilson made a motion to approve the minutes of April 12, 1999 as written Trent seconded.
ALL AYE. MOTION CARRIES...
Wilson made a motion to move the past minutes to the April 26, 1999 Planning and Zoning
meeting. Farnworth Seconded. ALL AYE...MOTION CARRIES...
Trent moved to change the April 19, 1999 agenda to read April 12, 1999 minutes for
approval. Farnworth seconded. ALL AYE...MOTION CARRIES...
4. CONSENT AGENDA:
A. Findin2s and Conclusions for a Conditional Use (CU-I-99) for Idaho Power:
PROJECT DESCRIPTION: Idaho Power, represented by Jerry Ellsworth, is requesting conditional
use approval to construct a new 138kv sub-transmission line to connect the existing HP
Substation located on the east side of Cloverdale Road approximately 'ii-mile south of Chinden
Blvd. to the existing 138kv sub-transmission line located near the northeast comer of State
Highway 44 and State Highway 55. The portion that is proposed to be constructed within the
Eagle City Limits is located at 2500 E. State Street (temp. address) near the intersection of State
Highway 44 and State Highway 55 extending southward approximately Y2-mile.
Trent made a motion to approve the Facts and Findings for a Conditional Use for Idaho
Power (CU-I-99). Farnworth seconded. ALL AYE...MOTION CARRIED...
5. OLD BUSINESS:
A. A-I-991RZ-2-99-Annexation and Rezone From Rl & RT to R-l. R-4. M-IA. & PS-
City of Ea2le: The City of Eagle, represented by Mark Butler, is requesting approval of an
annexation and rezone from Rl & RT (Residential) to R-l & R-4 (Residential), M-IA (Industrial
Park), and PS (Publici Semi Public). The 30+1- acre site is generally located neat the intersection
of Hill Road and State Highway 55- The applicant is requesting that the Commission act on this
item within 45-days of receipt of the proposed amendment as per Eagle City Code Section 8-7-
5 (F) (1).
Mark Butler, Representative for applicant on Annexation and Rezone. Gave an overview and
described the project in further detail. Stated that he met with Fred Wilson and Don Brinton
about this project.
Fred Wilson addressed Mark Butler with a concern that Mark went to the Council and Mayor
with information about how the Planning and Zoning Commission felt without even being at the
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meeting. Wilson asked that he not do this again. Wilson asked Butler if he read the minutes or
listened to the tapes. Butler said no, "He spoke with legal council and a staff member that was at
the meeting." Wilson expressed his concern that Butler may be giving the Mayor and Council a
position of P & Z that may not be factual. Wilson made a request as a Commissioner that Butler
not do this anymore. Butler explained that he has to give a copy of all documents to the Mayor.
Brinton expressed that if the City wants to annex the park do it, but leave the other property
owners alone. If there are other Property Owners that want annexed they can come in and ask
for that. Moser is against the forced annexation ofthe City. Trent agrees the Commission
should listen to the public not force them to do something that they do not want to do.
Discussion continued among the Commission. Brinton read the definition of AR out of the City
Code Book.
Wilson made a motion to recommend to the City Council that we approve the annexation
of all parcels west of the new Highway 55 as presented on the map that was part of the
packet, and that we include only that parcel on the eastern side of mghway 55 and south
of mil Rd. to include only 2809 Hill Rd. (Patterson's Property) that is east of new
mghway 55 and south of Hill Rd. and rezone according to the map that is presented in the
packet, and for that portion that Commission does not recommend to annex, which is east
of 55 and south of Hill Rd. not to include 2809 mil Rd. this area remains at the current
zoning status RT. If the City Council should not go along with our recommendation A.
then recommendation would be, if the City Council decides to annex all of the property
that the portion east of mghway 55 south of Hill Rd. not to include the Patterson property
annexed, should go to an AR destination. Moser seconded. ALL AYE...MOTION
CARRIES...
B. ZOA-1-99 - Cross Connections - Zonin2 Ordinance Amendment - Hubble
En2ineerin2: Hubble Engineering, Inc., represented by AI. Carlson, is proposing to amend
Eagle City Code Title 6 "Public Ways and Property", Chapter 5 "Water System", Section 13 (C
)(2) "Discontinuance of Service" to change the description of and allow "Cross Connections" 9
"Land Subdivisions", Chapter 4 "Required Improvements" Section 1-9 (C )(l)(a) "Water Supply
and Sewer Systems" to allow a pressurized irrigation system to be connected with a state-
approved reduced pressure backflow assembly and with the approval of the water
purveyor. (Continued from the April]2, 1999 P&Z meeting.)
Dan Brown, Engineer from United Water. Came to answer questions about the cross connection
issues. Concurs that the cross over unit is safe and United Water does back it. The most reliable
back flow prevention system available.
Bill Thompson, United Water Cross Connection Specialist. State regulations read as failure to
repair, to install, and to test will result in termination.
Ben Forrey, Hubble Engineering. Written an ordinance that would be workable to address the
issue of concern.
Ken Rice, City Engineer. Suggests that where the ordinance reads City it should read public.
Ken Rice, Holladay Engineering, City Engineer. States he agrees with all testimony thus far.
He stated that it would take severe damage to the system to become dangerous. All three valves
would have to fail at the same time in order to create a problem. Testifies the mechanical ability
is very reliable.
Dan Brown, comments that the bond issue failed for the water tank on the hill.
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Ken Rice, Holladay Engineering. Answers questions fTom the commission.
Bill Vaughn, staff. Further penalties for the ordinance.
Ben Forrey, Hubble Engineering. Commission addressed the ordinance to enforce a
misdemeanor ticket.
Table the decision on this and have the applicant and staff come back to the next meeting with
the final recommended changes to the ordinance.
Trent moves to continue the item to the next meeting and come back ready for approval.
Wilson seconded. ALL AYE...MOTION CARRIES...
Remaining portion of the Transportation and chapter 11. Page 8-8 of the comp Plan 8-3-1.
Wilson made a Motion to continue the following items to the next meeting. Trent seconded
ALLAYE...MOTION CARRIES...
Wilson made a motion to approve the changes that were made starting on page 8-8. Moser
seconded. ALL AYE...MOTION CARRIES...
C. CP A-6-97 - City Initiated Comprehensive Plan Amendments - City of Eae:le: The City
of Eagle is proposing to amend its Comprehensive Plan and Land Use Map. The Plan and Map
are official policy documents for the City and its Area of Impact and are intended to provide the
vision, goals, policies and implementation actions that will guide the community's development.
The Plan addresses the following components: Property Rights, Population and Growth,
Economic Development, Public Services, School Facilities, Land Uses, Natural Resources and
Hazardous Areas, Transportation, Parks, Recreation and Open Space, Housing, Community
Design and Cultural Resources. The Plan also includes a Land Use Map that, in part, illustrates
types of land uses and residential densities for Eagle and its Area of Impact. NOTE: After the
public hearings for the Comprehensive Plan Amendment listed herein are closed,
deliberation should take place on this item (CPA-6-97) first. (Continued from 4-12-99 P&Z
Meeting.)
D. CPA-1-98 & RZ-2-98 - Eae:le River Development (Grossman Properties) - Eae:le River.
LLC: Eagle River, LLC, represented by Bill Clark, is requesting approval of a comprehensive
plan amendment fTom Public/Semi-Public to Commercial and from Medium Density Residential
to Commercial, Mixed Use, Public/Semi-Public; and a rezone fTom A (Agriculture) and M-1A
(Industrial Park District) to PS-DA (Public/Semi-Public), R-4-DA (Residential), C-3-DA
(Highway Business District), and MU-DA (Mixed Use) with a development agreement. A
portion of the proposed change fTom the residential land use designation to the Public/Semi
Public land use designation and M-IA zoning designation to PS-DA zoning designation is City
initiated for a City park. The 93-acre site is located on the southeast corner of State Highway 44
and S: Eagle Road.
NOTE: CPA-1-98 & RZ-2-98 should be heard together since they are significantly
interrelated by means of the development agreement. However, CPA-1-98 must be acted
on prior RZ-2-98.
The public hearing on this item was closed on October 26, 1998, except to obtain input on City's
Floodplain ordinance. (Continued from 4-12-99 P &ZMeeting.)
E. CP A-3-98 - Comprehensive Plan Amendment for Patterson Property - Sharon
Patterson: Sharon Patterson, represented by The Land Group, is requesting approval of a
comprehensive plan amendment fTom Medium Density Residential (four dwelling units per acre
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maximum) and Industrial to Mixed Use and Commercial. The 9.6-acre and I-acre sites are
located on the southwest and southeast comers of State Highway 55 and Hill Road at 2805 and
2809 Hill Road. The public hearing on this item was closed on October 19, 1998. (Continued
from 4-12-99 P & ZMeeting.)
F. RZ-7-98 - Rezone for BramHall Subdivision - R02er C. Crandlemire: Roger C.
Crandlemire, represented by Roylance & Associates, is requesting approval of a rezone from A-
R (Agricultural-Residential - one dwelling unit per five acres maximum) to R-3 (Residential -
three dwelling units per one acre maximum). The 95.2-acre site is located on the north side of
Floating Feather Road approximately %-mile west of Eagle Road at 1400 W. Floating Feather
Road.
NOTE: This item should not be acted on until the Planning and Zoning Commission has
made their recommendation on the Comprehensive Plan. The public hearing for this item
was closed on November 9, 1998. (Continuedfrom 4-12-99 P& Z Meeting.)
6.
NEW BUSINESS: None
7.
REPORTS:
None
8. ADJOURNMENT: Moser moved to adjourn at lO:45p.m. Wilson seconded. ALL
A YEoooMOTION CARRIES...
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RESPECTFULLY SUBMITTED:
SHAR K. MOORE
CITY CLERK./TREASURER
A TRANSCRIBABLE RECORD OF TillS MEETING IS AVAILABLE AT CITY HALL.
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