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Minutes - 1993 - Planning & Zoning - 06/21/1993 - Regular EAGLE PLAlUIING AND ZONING JlBETING JURE 21, 1993 The Eagle Planning and zoning Commission met in regular session on June 21, 1993. Chairman SMITH presiding. The following members were present: BERT BRADLEY, KEN SMITH, DONALD BRINTON, MARY BERENT. Absent: PAULINE HINMAN Moved by BRINTON and seconded by BRADLEY to approve the minutes of the June 7, 1993 meeting with a change in the Kestral Cove description of the rezone from R5 to C2 to read boundary rather than perimeter and to check the square footage with the Engineer to conf irm that the square footage is correct. ALL AYE: MOTION CARRIED. PUBLIC HEARING/LA RUE ACRES SUBDIVISION Chairman SMITH announced that this was the time and place set for a public hearing on a rezone from Agricultural zoning to Residential, R8, a Variance to reduce the rear setback from 25 ft to 15 ft and subdivision preliminary plat a PUD/CUP. Applicant: A. J. Jones Location: E of Palmetto Ave at Amanita St. proposal: 13.4 Acres, 94 lots at 7.0 dwelling units per gross acre. Single family, zero lot line homes arranged in duplexes and four plexes. The project will include a club house w/enclosed or outdoor tennis court. The units are intended to be for retirement age individuals and couples. The plat presented was changed from the original preliminary plat as outlined above to a proposal with 76 units at 5.7 units per acre. This is considered a retirement home subdivision in the $80,000-$100,000 range, with a clubhouse, tennis courts, fencing around the area with a pond, open space and landscaping. They will make use of the natural waterways. It is their request to include private roads inside the area with gates at the entrances. No variances will be required. They will be keeping the trees on the southern boundary of the property. Palmetto Ave. will be continued to State Street and will be the primary access to the subdivision. All construction vehicles will use that entrance during the construction of the subdivision. Public testimony: In favor: Opposed: Jim Reese Gary W. Scott James M. Rees Vada Cooper George H. Reed LaDe an Reed Jeff Brackus Roy E. Duggins' Althea Duggins James Wong Concerns of the public: The public objected to the possibility of construction vehicles using Monarch or Amanita Street to access LaRue Acres. The design with walls, fences and berms is not compatible with the existing neighborhood, and will have a detrimental impact on the community and values of homes. Other concerns were with the water in the area and traffic generated by this subdivision and the extension of Palmetto to State St. They also objected to the violation of the new comprehensive plan in which the area is designated Medium density, 4 units or less. Public hearing closed at 8:30 p.m. The Commission discussed the proposal, the traffic, heavy equipment, ponds and change in the comprehensive plan. In order to satisfy the recently adopted comprehensive plan the subdivision would be restricted to approximately 61 units. They expressed concern about the parking area for the club house and lack of space for RV' s, boats, etc in the development. They suggested a Development Agreement be initiated. Moved by BRADLEY and seconded by BRINTON to approve the application for LaRue Acres Subdivision with a zoning of R6, no variances. That the PUD/CUP allows for private streets inside the project with the security requested. That this motion is subject to the legal opinion or change from the City attorney. As to any variance to the comprehensive plan that and the public street issue is subject to legal opinion and Council. To require a development agreement. ALL AYE: MOTION CARRIED. Findings of Facts and Conclusions of Law/Kestral Cove-Rezone, Subdivision Preliminary Plat: Moved by BRADLEY and seconded by BERENT to approve the findings with the same modifications as indicated in the minutes relating to Kestral Cove. To also correct the spelling of "to" to "too" on page 3 #3. ALL AYE: MOTION CARRIED. Findings of Facts Subdivision, PUD/CUP: approve as presented. and Conclusions of Law/Bosanka-Rezone, Moved by BERENT and seconded by BRINTON to ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: Adoption of the Public Hearing Policy: Moved by BERENT and seconded by BRADLEY to approve the policy with the changes made by Council. Those changes are: 1. to request a 4 minute limitation rather than to require a 4 minute limitation; 2. to allow rebuttal by the applicant and the ,public, so long as it is not additional testimony but rebuttal only. The Commission would also like the policy to read the policy of the City of Eagle, not just the P&Z Commission. ALL AYE: MOTION CARRIED. Kelli Blair reported on the activities of the City Council. The Commissioners discussed the possibility of impact fees within the City of Eagle collected from developers on such things as parks, etc. The City Clerk will get additional information for the Commission. further business the meeting adjourned at 9:30 p.m. C -:: .,:. ';. .. ~ '" ~ ~ . ,";: i ,~.., f! '~f,f' ";"",¡: -<:~,~~:" "~"J't -~ ",..~.~ '~,,; (....~~'