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Minutes - 1984 - Planning & Zoning - 11/06/1984 - Regular ... CI. ':::I 0::: L. ::7 EAGLE PLANNING & ZONING P.O. BOX 477 - EAGLE, IDAHO 83616 - PHONE 939-6813 November 6, 1984 The Planning and Zoning Commission met in regular session on Tuesday, November 6, 1984, at the Eagle Primary School Library. Roll call showed the following members present: SMITHSON, STOVALL, SHADE, RUSK, WILSON, SELTZER. HILL, Moved by SHADE and seconded by SELTZER to approve the minutes of the Special Joint Council Zoning minutes of September 18, 1984 and the Minutes of September 4, 1984 and the Fisher Flood Plain Development Permit Findings of Facts and Conclusions of Law with the following corrections: Page 13, Paragraph 4, sentence 12 - e~e-£ee~, at an elevation no less than 2,584.43 feet, and further that the Findings of Facts Document be amended to read: Page I, Paragraph 2, Sentence 7, insert the word above between feet and (Mean Sea Level), Page 2, Paragraph 4, Line 5 - e~e-£ee~-~èeve-, no less than 2,584.43 feet above. The motion resulted as follows: AYE: SHADE, STOVALL, SMITHSON, RUSK, WILSON, SELTZER. Motion carried. Motioned by SHADE and seconded by STOVALL to defer further discussion on the Comprehensive Plan Draft until the meeting of November 20, 1984. Motion resulted as follows: AYE: SMITHSON, STOVALL, SHADE, RUSK, WILSON, SELTZER. Chairman HILL announced that this was the time and the place as advertised for a public hearing on a Variance sub- mitted by Mr. & Mrs. Robert Carpenter requesting permission to drill a domentic well on property in an R-5 Zone located at 240 N. Eagle Road. Chairman HILL opened the public testimony at 7:40 P.M. Larry Stevens, 5705 O'Hara Ct., Boise, testified that he was the contractor for the Carpenters and explained the need for the well. Merrell R. Brown, Box 215, Eagle - gave favorable testimony. Celia Brown, Box 215, Eagle - gave favorable testimony. Jan Grover, 1522 W. 15th St., Meridian - gave favorable testimony. Maxine Carpenter, 4150 Collister Dr., Boise, - testified on her own behalf. Chester Brownlee, Box 143, Eagle - gave favorable testimony. Chairman HILL closed the public testimony portion of the public hearing at 8:05 p.m. Moved by Seltzer, Amended by SHADE and seconded by RUSK to recommend to the City Council for approval of the Variance to allow Mr. & Mrs. Carpenter to drill a well as it is not contrary to the public interest and a literal enforcement of the zoning ordinance regarding wells would result in unnecessary hardships. Roll call on the motion resulted as follows: AYE: SMITHSON, STOVALL, SHADE, WILSON, RUSK, SELTZER. Motion carried. ----------- Page 30 EAGLE PLANNING & ZONING P.O. BOX 477 - EAGLE, IDAHO 83616 - PHONE 939-6813 Chairman HILL announced that this was the time and the place as advertised for a public hearing to consider a Con- ditional Use Permit/Planned Unit Development submitted by James Gipson on behalf of Robert DeShazo, Builders. Chair- man HILL opened the public hearing at 8:07 P.M. Mr. Gipson gave a presentation of the project of Townhouses on Lot I, Block 3 and Lot 12, Block~ Eagle Ranch Subdivision fl. Public Testimony was submitted by the following people: Philip J. Hanson, 91 Spring Hill Dr., Eagle - suggested that the Planning and Zoning consider as conditions of approval for this project: 1. Design Review 2. Landscape plan be submitted prior to final approval. 3. Traffic control plan 4. Developer post a performance bond to insure construction and landscape or a letter of credit. Pages 33,34 & 35. Joyce Hanson, 91 Spring Hill Dr., Eagle - asked the Planning and Zoning Commission to consider these four questions: 1. Does this project meet the present zoning conditions? 2. The legality of the ownership of the lots being considered? 3. Is there a market for this kind of project? 4. Will this project be an asset to Eagle? Included as pages 59, 60, 61, & 62. Rhonda Hynes, Box 512 Eagle, - concurred with Mr. Hanson's request ìn terms of conditions of approvalfor this project. C. R. Willis, 241 Springhill Dr. - deferred her time to Jack Leavitt. Jack Leavitt, 197 Springhill Dr. - read letters entered into testi- mony as pages36 through48 of these minutes. He asked questions about the amount of acres being used for the project and how the well house and Water Company office would be included as part of the density. Also questioned the legal ownership of the lots to be used for this project. Dean Cotter, 142 Ranch Drive, Eagle - he felt that the townhouses could be rearranged to face towards Ash Street creating an open space area between the existing homes and the townhouses, also he felt that the developer should post a performace bond on construction and landscaping. He also questioned density in the area. Dave Shasky, 107 Ash, Eagle - He felt that if the project was done the way that it is proposed it would help all of the com- munity. He was concerned about parking and felt that some kind of quarantee should be posted. page 3l EAGLE PLANNING & ZONING P.O. BOX 477 - EAGLE, IDAHO 83616 - PHONE 939-6813 James Fuchs, 204 Ranch Drive, Eagle, - He felt that the density violated the zoning and would like to see a buffer area between the townhouses and the rest of the homes. He also stated that a bond would be appropriate. Phillip Eastman, 758 Beachwood, Eagle - Stated that all of the concerns that he had had already been voiced by the previous speakers. Jim Plumtree, 571 Mango, Eagle - Testimony is in writing and entered as part of these minutes as page 49. Brad Herrick, 171 Northview, Eagle - Testimony is in writing and entered as part of these minutes as page 50. Pat Hynes, 252 Northview, Eagle - Testimony is in writing and entered as part of these minutes as page 51. Larry A. & Marie Hayhurst, 8949 Brekenridge Dr. Boise, - Testi- mony is in writing and entered as part of these minutes as page 52. John E. Wanamaker, 242 Northview Dr. Eagle, - Testimony is in writing and entered as part of these minutes as page 53. Dorothy L. Croswhite, 712 Ash Dr. Eagle, - Testimony is in writing and entered as part of these minutes as page 54. Central fed Mortgage, 410 S. Orchard, Boise - Testimony is in writing and entered as part of these minutes as page 55. Harley Carson, AISeasons Real Estate, 4619 Emerald Boise, - Testi- mony is in writing and entered as part of these minutes as page 56. Michael L. Bideganeta, First American Title Co., 7311 Potomac Dr., Boise, - Testimony is in writing and entered as part of these minutes as page 57. Adelaide McLeod, McLeod Reality, 1403 W. Franklin, Boise - written testimony entered as part of these minutes as page 58. Bill Decker, 364 Mango Dr. Eagle~ - Mr. Decker had several questions concerning the mixed use of the Water Co. office and townhouses and who would maintain the area during construction as construction would be done in phases. Chairman HILL closed the public testimony portion of the public hearing at 9:20 p.m. There were several questions asked of the representative for Mr. DeShazo and the Commission asked the City attorney to research the question of the correct amount of property involved in the project. -----~--------- Page 32 EAGLE PLANNING & ZONING P.O. BOX 477 - EAGLE, IDAHO 83616. PHONE 939-6813 Moved by SHADE and seconded by SMITHSON to defer until the Planning and Zoning meeting of November 20, 1984, approval in principal of the DeShazo CUP/PUD. Roll call on the motion resulted as follows: AYE: SMITHSON, STOVALL, SHADE, RUSK, WILSON, SELTZER. Chairman HILL adjourned the meeting at 9:35 p.m. Respectfully Submitted ~¿<,~~t- Bonn e Krasows 1 City Clerk Approved: 'ø