Minutes - 1994 - Planning & Zoning - 03/21/1994 - Regular
EAGLE PLANNING AND ZONING MEETING
March 21, 1994
The Eagle Planning and Zoning Commission met in regular session on
March 21, 1994. Chairman SMITH presiding.
The following members were present: KEN SMITH, BERT BRADLEY,
DONALD BRINTON, MARY BERENT, NANCY MERRILL.
Moved by BRINTON and seconded by BRADLEY to approve the minutes of
the March 7, 1994 meeting as presented. ALL AYE: MOTION CARRIED.
Moved by BERENT and seconded by BRADLEY to move item D. under #4,
PUBLIC HEARINGS (Scotts Glen Subdivision-Rezone/Subdivision
Preliminary Plat), and to address it at this time. ALL AYE: MOTION
CARRIED.
Chairman SMITH advised Barry Peters, developer of Scotts Glen
Subdivision, about the requirement to post the property in order
to comply with notice and procedures. The applicant will need to
re-file the application and to post the property with an
appropriate notice.
PUBLIC HEARING/ECHOHAWK SUBDIVISION-Preliminary Plat
Chairman SMITH announced that this was the time and place set for
a public hearing on Echohawk Subdivision a preliminary plat,
continued from the March 7, 1994 Planning and Zoning meeting. The
continuance was initiated in order to give additional time for the
Fire District, Sewer District, ITD and Farmers Union Canal to
respond to this development proposal.
Applicant: B.J. LAND CO. OF MESA, ARIZ.
Owners: John Fulton and Robert G. Hoag, 1109 Main St., Suite
500, Boise, 83702
Location: S side of Floating Feather Rd., appro x 1800 Ft W of
intersection of Floating Feather Rd. and present SH 55. Echo/Trail
Creek Subdivision lies N of this parcel.
Proposed land use and zoning: Zoned R5 - 35.16 acres, proposed
109 single family dwelling lots and 3 common lots (2 landscaping,
1 future right of way). Density 3.10. Intersected by Farmers Union
Canal. The proposed re-Iocation of SH 55 will form the E boundary.
W/ be developed in 3 phases. Phase 1 - 39 lots, Phase 2 - 35 lots
and Phase 3 - 38.
The City Clerk advised the Commissioners that City Hall received
replies from ITD, the Sewer District, Fire District and apparently
the developer had been in contact with Farmers Union Canal.
The Engineer, Ted Hutchinson Pat Tealey, of Tealey's Land
Surveying, represented the applicant. The street design has been
altered as directed by ACHD. The landscaping plan for the E side
of the property where the new SH 55 will be built includes a 6 ft.
fence. They plan a block fence with wrought iron for the entry way
on the Floating Feather Rd. portion of the subdivision. He informed
the Commission that the developer would like to donate $150.00 per
lot to the City for future park improvements, but not to locate
those sites in Echohawk Subdivision. There is land more
appropriate to the S, he stated. There is a water amenity but it
is on private property. The traffic study has been accepted by
ACHD.
Public Testimony - In favor: Elmer Carlock, Vern Southerland,
Duane Glubay, Helen Pardew, Bill Pardew, Garth Baldwin. Opposed:
Fred Kunkler. Larry Sale provided drainage information as an ACHD
representative.
Concerns of the public:
Water.
drainage concerns from New Dry Creek
Public hearing closed at 8:25 p.m.
Moved by BRINTON to approve the subdivision with conditions.
motion died for lack of a second.
The
Moved by BRADLEY and seconded by BERENT to deny the proposed based
on the fact that it does not meet the intent of the 1993 Eagle
Comprehensive Plan on parkways, pathways, common areas. There is
no pressurized irrigation system planned in this subdivision. AYE:
BRADLEY, BERENT, MERRILL. NAY: BRINTON. MOTION CARRIED TO DENY
THE PROJECT.
PUBLIC HEARING/VANENGELEN ESTATES SUBDIVISION - REZONE/SUBDIVISION
PRELIMINARY PLAT.
Chairman SMITH announced that this was the time and place set for
a public hearing on VanEngelen Estates a rezone from A to R2, and
a preliminary plat.
Applicant: Rick Roe and Craig Van Engelen
Proposal on land use and zoning: R2. 25.76 Acres, 52 lots, 2.0
units per acre. 7 lots are common areas, landscaped pathways
Location: N of SH 44, W State St.
Rick Roe, Craig Van Engelen, developers, and Jim Rees, Project
Engineer, introduced the project to the Commission. This project
will be served by Eagle Water Co. via a well lot in the next phase
of this subdivision which will be on the S side of SH44. It will
be necessary to annex that particular property to the City. They
will incorporate meandering sidewalks and berms on the State St.
side of the subdivision including the downtown design with street
lights, park benches and trees. There will be a pressurized
irrigation system.
OPPOSED: Fred Kunkler concerned about fences, water and
irrigation water. The developer was asked to work with Mr. Kunkler
to work out details on fencing and water.
The public hearing closed at 9:15 p.m.
Moved by BRADLEY and seconded by MERRILL to approve the rezone from
A to R2 and approval the preliminary plat with the following
conditions:
1.
2.
the Eagle Standard Conditions of Approval
to require 2 contiguous lots to be designated and constructed
as parks, owned and maintained by the home owners association.
ALL AYE:
MOTION CARRIED.
PUBLIC HEARING/WINTRY RIVER CROSSING SUBDIVISION -PRELIMINARY PLAT.
Applicant: Doug Jayo dba Big Sky Construction
Location: SW corner of Floating Feather Rd and Eagle Rd.
proposal for land use and zoning: R5, 53.81 acres, 89 lots, 6 open
spaces. 1.65 dwelling units per acre. gross density 1.85
Mike Shrewsberry, Project Engineer for Roylance Assoc. introduced
the project to the Commissioners. Almost all of this subdivision
is in the floodplain and floodway areas, the Dry Creek area. Paul
Kuntz, surveyor, spoke about shifting the floodway to the west.
The property to the west is owned by the same developer. FEMA has
procedures to shift the floodway, providing the City will agree.
Dave Roylance explained the sewer system which will be approved by
the sewer district once easements are secured.
Public Testimony:
Opposed:
Peggy Holmquist, Cliff Stephenson, Gabe Holmquist, Frank Stopello,
Sandy Miller, Chris Miller, Robert Collins, Stan Bastian.
Concerns of the public: the wildlife, trees, floodway issues,
hazard areas, in conflict with the Comprehensive Plan.
The public hearing closed at 10:50 p.m.
Moved by BERENT and seconded by MERRILL to deny the proposal based
on conflicts with the Comprehensive Plan, ECC 10-1-2, Methods of
Accomplishing Purpose and ECC 9-5-8.A&B, Subdivision Within an Area
of Critical Concern. AYE: BERENT, MERRILL. NAY: BRADLEY,
BRINTON. CHAIRMAN SMITH: NAY. MOTION FAILED.
Moved by BRINTON and seconded by BRADLEY to continue the matter
until the Planning and Zoning scheduled meeting on April 18. AYE:
BRADLEY, BRINTON, MERRILL. NAY: BERENT. MOTION CARRIED.
FINDINGS OF FACTS AND CONCLUSIONS OF LAW/Graham - CUP: Moved by
BRADLEY and seconded by MERRILL to approve the findings as
presented. ALL AYE: MOTION CARRIED.
The Council report was given by Stan Bastian.
There being no further business the meeting adjourned at 11:45 p.m.