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Minutes - 1984 - City Council - 12/18/1984 - SpecialPage 43 CITY OF EAGLE COUNCIL MINUTES DECEMBER 18, 1984 The council met in special session on Tuesday, Dec. 18, 1984, at the Eagle City Hall at 7:30 p.m.. Mayor HALEY presiding. The purpose of the meeting was for a decision on a preliminary applica- tion for a Conditional Use Permit/Planned Unit Development submitted by Robert DeShazo and to reconsider the design review for Circle K Corporation. Roll call showed the following members present: STOPPELLO, WALKER, MAILE, GUERBER. The public hearing on the DeShazo CUP/PUD was held on December 11, 1984 so Mayor HALEY called for the question. Moved by STOPPELLO and seconded by WALKER to approve the preliminary application for the DeShazo CUP/PUD upon the following grounds: 1. That the parcel of land be considered one(l) parcel for the purposes of a Planned Unit Development application; That the preliminary application be contingent upon Mr. DeShazo's continual ownership of the land subject to the Planned Unit Develop- ment; e That the applicant comply with the Conditional Use requirements and the pre-application requirements as listed in the zoning ordinance; 4. That the schedule of completion be four (4) years; That in the schedule of completion, if the developer developed one half (%) of it, the remaining ground would be kept in some similance of upkeep, watering, cutting the grass, etc; 6. That the density determination be made by not counting the streets which leaves 4.18 acres; That existing wells and the access to the wells be counted in the determination of the 4.18 acres and that the applicant furnish a perpetual easement agreement with Eagle Ranch Water Corporation; That the applicant be allowed to either consider all of the 4.18 acres as residential, which would mean the removal of the shop and the office building and inclusion in the PUD or would be allowed to exempt out of the application so much of the land as being used for commercial uses under his grandfather rights, that the choice be with the applicant; Page 44 9. That the four conditions recommended by the Planning and Zoning Commission be included in this pre-application approval: a. That a detailed design review of the proposed project be submitted; b. A traffic control plan be submitted; c. A detailed landscape plan be submitted prior to final approval; and d. A performance bond to insure construction and landscape or a letter of credit be acquired. 10. That the consideration of Section H., Article XII, Ordinance #40, of the City of Eagle, "Increased Residential Density", be left open in that the applicant may submit additional evidence that might justify an increase in density under Section H. Roll call on the motion resulted as follows: AYE: STOPPELLO, WALKER, MAILE, GUERBER. Circle K. Corporation asked the Council to reconsider the stipulations to the motion made by the Council concerning the Design Review #12-84. Moved by STOPPELLO and seconded by GUERBER to amend the requirements of the Design Review #12-84 to allow the accesses as they (Circle K) originally proposed and that the fire hydrant at the Northwest corner of Eagle Road and State Street be installed by June 1, 1985, pursuant to the formula submitted by Ron Marshall being that the City pay for one fire hydrant, cost up to $1,500.00 and that a letter of commitment be submitted to the City by Circle K. Roll call on the motion resulted as follows: AYE: WALKER, STOPPELLO, GUERBER, MAILE. Motion carried. Mayor HALEY adjourned the meeting at 9:40 p.m. Approved: O~ HALEY, MAYOR / Respectfully Submitted Bonnie Kras~wski City Clerk Page 45 AMENDmeNT TO MINUTES OF DECEMBER 18, 1984 Moved by STOPPELLO and seconded by WALKER that the minutes of the December 18, 1984, meeting be approved as printed with the following amendment: That Pa~e 43, Section8, should read as follows: That the applicant, at his choice prior to final approval, be allowed to either consider all of the 4.18 acres as residential, which would mean the removal of the shop and the office building and inclusion in the PUD or would be allowed to exempt out of the application so much of the land as being used for commercial purposes under his grandfather rights, provided the remaining land for the PUD is at least three (3) acres. On Page 44 of the minutes, Section 10, be amended to read as follows: That the allowable density be determined by multiplying the land acreage resulting by applicants decision under paragraph number 8, by five and that the consideration of Section H., Article XII, Ordinance #40, of the City of Eagle, "Increased Residential Density", be left open in that the applicant may submit additional evidence that might justify an increase in density under Section H. Approved: C~rol- Hal~ey, Mayor / Respectfully Submitted City Clerk