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Minutes - 2004 - Planning & Zoning - 02/02/2004 - Regular ORIGINAL EAGLE PLANNING AND ZONING COMMISSION February 2, 2004 6:30 PM The Planning and Zoning Commission met in regular session on February 2, 2004 Chairman Bandy presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present BANDY, CROOK, GLA V ACH. Absent; LIEN, DECKERS a quorum is present. CONSENT AGENDA: A. Minutes of January 5, 2004 Crook moved to approve the Consent Agenda as presented. Seconded by Glavach. ALL A YE...MOTION CARRIES. 4. OLD BUSINESS: 3. PUBLIC HEARINGS: A. RZ-9-03 - Rezone from R-4 to PS - Joint School District No.2: Joint School District No.2, represented by Doug Russell with The Land Group, is requesting a rezone from R-4 (Residential - up to four dwelling units per acre) to PS (Public/Semi-Public). The site consists of three parcels totaling .5-acres in area and is located on the west side of North Eagle Road approximately 8oo-feet north of State Street at 323, 365 and 395 North Eagle Road. Bandy introduces the item. Doug Russell, 42 E Shore Drive, Eagle, with The Land Group, representing the applicant presents the application. Deckers arrives at 6:40 p.m. Jeff Lowe, City Staff presents the staff report. Discussion on the timeframe for the removal of the existing storage shed. 5. Discussion on rezoning these parcels rather than requiring a conditional use permit. Bandy opens the public hearing. Russell provides a rebuttal. Russell explains that this will be a less intensive use that did not require a comprehensive plan change. Discussion on saving the 34" White Oak tree that is on the site. Bandy closes the public hearing. Deckers is concerned that the conditional use process was not used for this application Page 1 of 3 and could this be setting a precedent? Deckers moves to approve RZ-9-03 - Rezone from R-4 to PS - Joint School District No.2 with Staff recommendations and with the following changes; Prior to the City approving the rezone ordinance reword to "prior to the City adopting the rezone ordinance" Add another condition, "If any site modifications are to occur within the drip line of the 34' tree, approval from the City Arborist must be obtained" Add discussion that this parking lot does not add any intensive uses and therefore requires no change to the comprehensive plan. Seconded by Crook. ALL A YE...MOTION CARRIES. B. ZOA-8-03 - The City of Eagle is proposing to amend Eagle City Code Title 8 "Zoning", Chapter 3 "Perfonnance Standards", Section 5 "Unique Land Uses" to prohibit the use of motorized watercraft within the city limits. The prohibition will not include the use of motorized watercraft on the Boise River within the city limits. (This item was continued from the January 5th 2004, Planning & Zoning Meeting) Bandy introduces the item. Jeff Lowe, City Staff states that this item was heard previously and he will not be presenting a report again but rather is presenting this item for discussion. Discussion amongst the Commissioners. Deckers moves to approve ZOA-8-03 with the following changes; Under T. Motorized Watercraft, strike #2. Add new #2; electric powered watercraft operated under 10 mph are excluded from this ordinance. Add new #3; Operation of emergency and training watercraft is exempt from this ordinance. Seconded by Crook. Discussion. Bandy amends the 4th sentence of the ordinance, instead of prohibition of; add the word "operating" The 4th paragraph starting whereas, The City of Eagle...inserts the words "operating or' commercialized watercraft within the City limits Deckers adds at the end of item 1, "any body of water within the city limits" Seconded by Crook. 2 AYE (DECKERS, BANDY) 2 NAY (CROOK, GLA V ACH) Crook would consider passing this ordinance with a different motion...MOTION DIES. Crook moves to approve ZOA-8-03 with following changes and additions; An alteration to the ordinance verbiage discussed, "prohibition of the operation of motorized watercraft" alter item #1 to read "operation of motorized watercraft... within City Limits, at any speed above 20 mph and or a decibel level of 50 at a distance of 300 feet. Page 2 of 3 #2 strike beyond jurisdiction over the Boise River. #3 Operation and training uses with emergency watercraft are exempt from this ordinance. Seconded by Bandy. Discussion. Amend motion to include in #1 body of water. Seconded by Bandy. Lowe presents the Commissioners with a chart explaining different decibel levels. Crook amends his motion to put in 80 decibels at a distance of 150 feet. Seconded by Deckers. Discussion. Crook amends his motion again to put in 70 decibels at 100 feet. Seconded by Bandy. Discussion. TWO AYE (CROOK, BANDY) TWO NAY (DECKERS, GLA V ACH) ...MOTION DIES. 6. NEW BUSINESS: A. Letter from Unger Land Consulting requesting a pre-application meeting with the Planning & Zoning Commission. Lowe addresses the request for a pre-application meeting. John McFadden, City Attorney explains the reason why you would not have a pre- application meeting. Discussion between McFadden and the Commissioners. 7. REPORTS: Lowe reports on the 3 Cities River Crossing, and the approval of the Saybrook application 8. ADJOURNMENT: Bandy moved to adjourn at 8:46 p.m. Seconded by Deckers. ALL A YE...MOTION CARRIES... .""""". ~". W'I~ J.'" ~ OF EAO , ~~8...:t~ ¡ j I (,ì ~?OR", /.. \ ,.~ ~\ ~ "" . - I * _.- : *' ! \ 8 -: : \~ S r, I' L ;:-. : e-", j.." "' . . ~ ..<'0 .~ ,,8 0 ~ "d>~ ..¡¡!..~. .,' 4~ ~ ".,.~ r~'J'. ,-..." ~'#. -~ 1"J-' ". - ,.". . .." ##1, ~ C 1 . ,....' ",........,- RESPECTFULLY SUBMITTED: SHARD K. MOORE CITY CLERKffREASURER A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL. Page 3 of 3 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject RZ-9-03 — Rezone from R-4 to PS — Joint School District No. 2 February 2, 2004 6:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? Page 1 of 1 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject ZOA-8-03 February 2, 2004 6:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? Page 1 of 1 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject PP/FP-2-03 — Kolander Subdivision — Buddy D. Kolander October 20, 2003 6:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? Page 1 of 1 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject CU-14-03 — Bank/Financial Institution with drive -up service — Bank of America December 15, 2003 6:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? Page 1 of 2