Minutes - 1991 - Planning & Zoning - 08/05/1991 - Regular
EAGLE PLANNING AND ZONING MEETING
August 5, 1991
The Eagle Planning and Zoning Commission met in regular session
on August 5,1991. Chairman EASON presiding.
The following members were present: LLOYD GERBER, KATHRYN
MCPEAK, PAULINE HINMAN. LLOYD BENNETT absent.
Moved by MCPEAK and seconded by GERBER to approve the minutes of
the July 15, 1991 meeting as presented. ALL AYE: MOTION
CARRIED.
PUBLIC HEARING/REZONING M3 PARCELS/PRIME EARTH
Chairman EASON announced that this was the time and place set for
a public hearing on those properties previously annexed, June 12,
1990 and zoned M3.
Applicant: City of Eagle
Location: Hill Rd. and Highway 55
Proposal: Previous zoning declared null and void by the
Attorney General of the State of Idaho based on the fact that
certain property owners within 300 ft. were not given notice.
These properties need to be rezoned. Proper notice was given.
Public Testimony:
Opposed:
Jack Williams
Garth Baldwin
Daryl Tague
Terry Smith
Larry Koomler
G. Olson
Ray Kreps
Louise Myatt
In favor:
Carlyle Briggs
Ray Dowding
William Belnap
Mona Mack, City Attorney, advised the Commissioners that the
paperwork received from Carlyle Briggs failed to establish that
there was any pre-existing Conditional Use Permit on the property
but alleges that the property has non-conforming or grandfather
rights, which would entitle the property owners to extract
gravel from the property.
It was established that there is no written documentation
regarding those rights, but only a verbal commitment given to
Ray Dowding by the County Commissioners on his property to the
south of where Prime Earth is now.
There is paperwork establishing that there is only $7,500
reclamation bond from the State Bureau of Land on the property.
After looking at case law Mona Mack advised the Commissioners
It appears to be that there are no grandfather rights connected
to this property. It cannot be determined that a Court would
follow a similar analysis. She recommended to the Planning and
Zoning Commissioners not rely on the existence of any grandfather
rights on this parcel but to make a determination for appropriate
zoning of the properties.
William Belnap, Prime Earth representative and Attorney told the
Commissioners that the grandfather rights is not an issue here.
The best use for the ground is the issue. The state has informed
them that they intend to use the gravel, after the use has
diminished the ground will be rezoned to permit a subdivision.
The City Attorney, Mona Mack, inquired about the possibility of
Eagle Land, dba Mark Hanebak, consenting to a M2 zoning
designation instead of a M3 zoning designation.
After deliberation with other representatives, William Belnap,
Attorney for Prime Earth answered the City Attorney's request
with the a proposal that the they renew the request of M3 zoning
and voluntarily submit to restrictions being imposed upon Idaho
Sand and Gravel operation to limit the operations of the pit from
6:00 a.m. to 6:00 p.m., limit hauling into the pit except the
15th Street pit run, and limit the excavation to State Highway
right of way, according to Plan "C", together with other
conditions agreed upon by the parties. If in the event the State
doesn't take it, or it takes more years for the highway to come
in, that Prime Earth would have to reapply to continue to
operate.
Public Hearing closed at 9:05 p.m.
The City Attorney advised the Commissioners that she would have
to review the possibility of enforcement of conditions in a
permitted M3 zone. The M2 zoning designation has conditions, but
the M3 does not.
Concerns of the Public: Property values, safety of children,
bonding not sufficient, contamination of water, environmental
concerns, destruction of land.
Moved by HINMAN and seconded by MCPEAK to have the City Attorney,
Mona Mack research the possibility of conditions in a M3 zone and
submit recommendations to the Commissioners for the next
regularly scheduled meeting, no more public testimony will be
heard, the Planning and Zoning will make a recommendation to
Council. ALL AYE: MOTION CARRIED.
no further business the meeting adjourned at 9:35