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Minutes - 1980 - Planning & Zoning - 09/02/1980 - Regular EAGLE PLANNING & ZONING P. O. BOX 477 - EAGLE, IDAHO 83616 . PHONE 939-0431 September 2, 1980 The regular meeting of the Eagle Planning and Zoning Commission was called to order by Chairperson Sharp at 7:30 P. M. at the Eagle City Hall on September 2, 1980. Members present: Sharon Allred, Chester Brownlee, Dick Fisher, Robert Shade, Sharon Sharp,Blaine Sorenson, John Waite and Jim Hill. Ex-Officio Member Tom Richards was absent. 3. The following corrections were made in the minutes of August 5, 1980. Page 1, Paragraph #4 rewritten to read: Chairperson Sharp announced that this is the time and the place for a public hearing on the following: 1. Possible comprehensive plan changes 2. Possible zoning ordinance changes according to Idaho Code 67-6525 Zoning district boundary changes and assigning zoning to the areas in question according to 67-6511. The areas for annexation are as follows: C. R. Marshall, Frank Marz, Nancy M. Kleng, Marc L. Marz, Marie Main, Quarter Circle DJ, Verlan A. Mace, Leonard W. Mace, Elbert & Delores Creed, Floyd M. & Ina B. Chastain, Wilder's Valley Broiler, Michael J. & Marie Burkhart. Page 1, Paragraph #9, Add: not be zoned commercial. Mrs. Creed requested her property Page 2, Paragraph #1, change to read "South of the Northfork of the Boise River." ALLRED and SHADE made the recommendation that all tapes of the Eagle Planning and Zoning meetings be kept for the legally allotted time. Moved by ALLRED and seconded by BROWNLEE that the minutes of the previous meeting of August 5, 1980 be approved as corrected. Roll call on the motion resulted as follows: AYE: ALLRED, BROWNLEE, FISHER, SHADE, SORENSON, WAITE, HILL. Motion carried. Moved by SHADE and seconded by ALLRED whereas the Eagle City Council has requested the Eagle Planning and Zoning Commission to recommend zoning for several parcels under consideration for September 2, 1980 Page 2 annexation into the City of Eagle and these parcels are identi- fied as: 1. C. R. Marshall 2. Frank Marz 3. Nancy M. Kleng 4. Marc L. Marz 5 . Mar ie Main 6. Quarter Circle DJ 7. Verlan A. Mace 8. Leonard W. Mace 9. Elbert and Dolores Creed 10. Floyd M. and Ina. B. Chastain 11. Wilder's Valley Broiler 12. Michael J. and Marie Burkhart and whereas the Eagle Planning and Zoning Commission on August 5, 1980 held a public hearing on the above matter in accordnace with Section 67-6509 Idaho Code and whereas the Eagle Planning and Zoning Commission on September 2, 1980 during its regularly scheduled meeting gave careful consideration to the testimony received at the August 5, 1980 public hearing and to other related considerations hereby finds that: 1. For the zoning this commission recommends below all parcels will be in compliance with the Eagle Compre- hensive Plan dated January 1978 and the Eagle Zoning Ordinance dated October 1978, therefore, no compre- hensive plan amendments or zoning amendments are necessary for the annexations under consideration. 2. For those parcels with recommended zoning M-l, light manufacture and wholesale, the comprehensive plan (objects) are met: Cb~ "Proposed industrial development shall not detract from the natural qualities of the Eagle environment." "Buffers should be developed between conflicting types of land use." "The primary location for industrial development will be south of Highway 44 within less severe areas of the flood plain." The industrial location coincides with Comprehensive Plan maps - COMMUNITY DESIGN MAP XII and LAND USE MAP XIII. 3. For those parcels with recommended zoning A, Agriculture, the comprehensive plan goal is met. "To maintain a rural atmosphere and to protect agricul- ture pursuits in areas outside of the 1992 Sewer Planning limits." 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. September 2, 1980 Page 3 4. For those parcels recommending R-l, Residential, it is recognized that city sewer and water facilities are not currently available. Therefore, the Eagle Planning and Zoning Commission hereby recommends to the Eagle City Council the following zoning for the several parcels under consideration into the City of Eagle. C. R. Marshall Frank Marz Nancy M. Kleng Marc L. Marz Marie Main Quarter Circle DJ Verlan A. Mace Leonard W. t1ace Elbert and Dolores Creed Floyd and Ina B. Chastain Wilder's Valley Broiler Michael J. and Marie Burkhart MI RI MI RI A A A A RI RI RI RI In the case of Wilder's Valley Broiler it is recommended that commercial use may continue until such time as the business has been vacant for one year. Also recommend that the Official Zoning Hap be amended to provide for the addition of annexed property with assigned zoning designations as recommended in order to comply with Idaho Code. Roll call on the motion resulted as follows: AYE: ALLRED, SHADE, NAY: BROWNLEE, FISHER, SORENSON, WAITE, HILL. Motion defeated. Moved by SORENSON and seconded by HILL to reconsider the vote on the previous motion regarding making a recommendation to the council on requested items. SORENSON stated he voted against the motion. Roll call on the motion resulted as follows: AYE: ALLRED, FISHER, SHADE, SORENSON, HILL. NAY: BROWNLEE ABSTAIN: WAITE. Motion carried. Chairperson Sharp announced that the motion to reconsider was passed and the question is now on the previous motion exactly as stated. Roll call on the motion resulted as follows: AYE: ALLRED, FISHER, SHADE, SORENSON, HILL. NAY: BROWNLEE ABSTAIN: WAITE. Motion carried. September 2, 1980 Page 4 Moved by SORENSON and seconded by FISHER in the matter of annexation of the Quarter Circle DJ, Mace and Main properties because: 1. There is apparently no emergency time wise for fulfilling the request of annexation of said properties. 2. There could be no hunting on said properties if annexation took place. 3. There is apparently some possibility that the present Eagle Comprehensive Plan could be revoked in its entirety and this annexation request could well wait till such time that the new comprehensive plan is adopted or it is apparent that there would be no such revokation to be considered. I move that the Eagle Planning and Zoning Commission recommend to the Eagle City Council that said properties not be annexed at this time. Roll call on the motion resulted as follows: AYE: FISHER, SORENSON. NAY: ALLRED, BROWNLEE, SHADE, HILL. ABSTAIN: WAITE. Motion defeated. Moved by SHADE and seconded by SORENSON as an advisory recom- mendation to the Eagle City Council of the commission that because of the testimony of the property owner, specifically Mr. Wilder, and because of current legal implications concerning this parcel of property that Wilder's Valley Broiler not be annexed to the City of Eagle. Roll call on the motion resulted as follows: AYE: ALLRED, BROWNLEE, FISHER, SHADE, SORENSON, WAITE, HILL. Motion carried. There being no further business the meeting was adjourned. (þJJi OJ ~~ to come before the commission,