Minutes - 2004 - Planning & Zoning - 07/19/2004 - Regular
ORIGINAL
EAGLE PLANNING AND ZONING COMMISSION
July 19, 2004
6:30 PM
The Planning and Zoning Commission met in regular session on July 19, 2004
Chainnan Bandy presiding.
1.
CALL TO ORDER:
2.
ROLL CALL: The following members were present LIEN, BANDY,
CROOK, GLA V ACH. Absent: DECKERS. A quorum is present.
3.
CONSENT AGENDA:
A. Minutes of July 6, 2004
B. Minutes of July 12, 2004
Findines of Fact and Conclusions of Law for A-S-04/RZ-S-04/CU-S-04/PPUD-2-
04/PP-4-04 - Optimist Business Park Planned Unit Development - Jade. LLC.: Jade
LLC, represented by Land Consultants Inc., is requesting an annexation and rezone from
RUT (Rural Urban Transition) to BP-P (Business Park POD), conditional use permit,
preliminary development plan, and preliminary plat approvals for Optimist Business Park
planned unit development. The 9.81-acre, 17-lot (I5-buildable, 2-common) commercial
subdivision is located south of Hill Road and on the west side of Horseshoe Bend Road at
9551 & 9555 Horseshoe Bend Road.
D. Findine:s of Fact and Conclusions of Law for RZ-7-04 - Rockv Ridee Construction
dba South Channel LLc.: Rocky Ridge Construction dba South Channel LLC.,
represented by Steve Holt, P.E., with Toothman-Orton Engineering Co., is requesting a
rezone from A (Agricultural) & R-2-DA Residential - up to two dwelling units per one
acre with a development agreement) to R-2-DA (Residential - up to two dwelling units
per acre with a modified development agreement), The 99.70-acre development is located
west of Eagle Road, at 707, 781, 799, 807, 844 & 1201 W. South Channel Road.
c.
E. Findine:s of Fact and Conclusions of Law for PP-S-04 - The Shores Subdivision -
Rockv Ridee Construction dba South Channel LLC.: Rocky Ridge Construction dba
South Channel LLc., represented by Steve Holt, P.E., with Toothman-Orton Engineering
Co., is requesting preliminary plat approval for The Shores Subdivision, a 130-lot (92-
buildable, 38-common) residential subdivision. The 99.70-acre development is located
west of Eagle Road.
Deckers arrives at 6:35 p.m.
Bandy moves to approve the Consent Agenda as presented. Seconded by Lien. ALL
A YE...MOTION CARRIES.
4.
5.
UNFINISHED BUSINESS:
PUBLIC HEARINGS:
A. A-4-04 & RZ-6-04 - Annexation and Rezone - City of Eae:le: The City of Eagle,
represented by William E. Vaughan, AICP, is requesting approval of a City-initiated
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annexation and rezone with development agreements for the properties generally located
on the southwest and northeast comers of State Highway 44 and Linder Road. The multi-
site rezones are proposed to be from RR (Rural Residential), RUT (Rural Urban
Transition), and R4 & R2 (Residential) to A-R (Agricultural Residential), R-2-DA and R-
3-DA (Residential with development agreement), C-I-DA (Neighborhood Business
District with development), and PS (Public/Semi-Public).
Bandy introduces the item
Bill Vaughan, City Staff presents the staff report. Mr. Vaughan details the development
agreements prepared for the annexation and rezone parcels.
Discussion on access points onto State Highway 44.
Bandy opens the public hearing.
Landon Exley representing Mr. Humphreys, the property owner to the south of the Van Treek
property. Mr. Exley discusses the annexation request and the zoning designation which they
would like the same as the Van Treek property, C-l to the north and Mixed Use in the southern
portion.
Bob Van Treek lives at the comer of Linder and State Highway 44. Mr. Van Treek states that
living in the home as become unbearable because of the increase in traffic and the noise. Mr.
Van Treek has some concerns about the sewer which is located on Old Valley Street, and the
vacation process.
Bill Vaughan stands to provide clarification on the sidewalk setback and addresses the zoning
designation for the Humphreys property
Bandy moves to continue A-4-04 & RZ-6-04 - Annexation and Rezone - City of Eagle
until August 2, 2004. The public hearing will remain open.
Seconded by Crook. ALL A YE...MOTION CARRIES.
B. CU-7-04 - NursinelConvalescent Home (Assisted Livine Facilitv) - Ea21e Woods
LLC: Eagle Woods LLC, represented by John Wood, is requesting conditional use
approval to construct one (1) sixty-two (62) unit assisted living facility. The 2.24-acre
site is located on the north side of State Highway 44 at 3300 W. State Street. (The
applicant has requested this item to be continued to a date determined at the meeting).
Bandy introduces the item
Crook moves to remand CU-7-04 - Nursing/Convalescent Home (Assisted Living
Facility) - Eagle Woods LLC back to staff so they can renotice for a future date.
Seconded by Glavach. ALL A YE...MOTION CARRIES.
C. ZOA-S-04 - Zonine Ordinance Amendment - The City of Ea2le: The City of Eagle is
proposing to amend Eagle City Code Title 8 "Zoning", Chapter 1 "Zoning Interpretation
and Definitions", Section 2 "Rules and Definitions" to amend the definition of "Live
Entertainment Events" to include com mazes and related activities, and to establish a
maximum time period for such events to be held and to amend Chapter 3 "Performance
Standards", Section 5 "Unique Land Uses" to establish criteria by which com mazes are
to be operated, to remove outdated land uses from the section, and to increase the
maximum height of accessory buildings to twenty-five feet (25').
Bandy introduces the item
Jeff Lowe, City staff presents the staff report.
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Bill Vaughan addresses if a use is or is not allowed when it is removed from the list of uses.
John McFadden, City Attorney discusses how a use is regulated.
Bandy opens the public hearing.
Bandy closes the public hearing.
Deckers moves to approve ZOA-S-O4 - Zoning Ordinance Amendment - The City of
Eagle with staff recommendations and the following changes;
On page 1 under Live Entertainment Events change the words "no more" to "less".
On page 2 remove P. Q. & R. Seconded by Bandy. ALL A YE...MOTION CARRIES.
6.
7.
NEW BUSINESS: None
REPORTS: Discussion on the golf tournament.
8. ADJOURNMENT: Crook moved to adjourn at 8:30 p.m. Seconded by
Glavach. ALL AYE...MOTION CARRIES...
RESPECTFULLY SUBMITTED:
APPROVED:
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SHA ON K. BERGMANN
CITY CLERKffREASURER
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PHll.. BANDY
CHAIRMAN
A TRANS CRIB ABLE RECORD OF THIS MEETING IS A V AILABLE AT
CITY HALL.
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject A-4-04 & RZ-6-04 — Annexation and Rezone — City of Eagle
July 19, 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-5-04 — Zoning Ordinance Amendment — The City of Eagle
July 19, 2004
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
Page 1 of 1