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Minutes - 1994 - Planning & Zoning - 05/02/1994 - Regular EAGLE PLANNING AND ZONING MEETING MINUTES MAY 2, 1994 The Eagle Planning and Zoning Commission met in regular session on May 2, 1994. Chairman SMITH presiding. 'T'ne following members were present: KEN SMITH, BERT BRADLEY, PONALD BRINTON, MARY BERENT, NANCY MERRILL. Moved by Bradley and seconded by Brinton to approve the minutes of the April 4, 1994 as corrected to reflect that the Band Ada County Transmittal was a request for a rezone and private road not a lot split. ALL AYE: MOTION CARRIED. Moved by Berent and seconded by Bradley to approve the minutes of the April 18, 1994 as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARING/AMENDMENTS TO TITLE 8 AND 9: Chairman SMITH announced that this was the time and place set for a public hearing on the City Ordinance #242 amending Title 8 and 9 to set requirements for minimum lot sizes and widths, and, percentages required for common areas. Testimony: Stan Bastian Written testimony: Kim Gorley. In favor: Eagle Sewer Dist. Opposed: Jim Hill Concerns of the public: Concern about Eagle becoming a completely elite community leaving no opportunity for lower income families and increasing stress on infrastructure costs. Public hearing closed at 8:00 p.m. Discussion on the amendments resulted in a proposal Commissioners to change the proposal as follows: by the (G) replace the word "variance" with the word "CUP". (H) replace the word "variance" with the word "PUD". The minimum of open space should read 10% for all residential zones. The definition of open space, both in Title 8 and 9 should . ,f" amended. Htwed by Brinton and seconded by Berent to continue the amendment rhanges to May 16, 1994 in order to re-define "open space". Hnved by Brinton and seconded by Berent to move item 4.C. Arlington IIni ghts in order for review at this time. ALL AYE: MOTION CARRIED. 1 PUBLIC HEARING/ARLINGTON HEIGHTS - PRELIMINARY PLAT AND REZONE Moved by Berent and seconded by Brinton to continue the hearing until notice and procedures required by state code can be met by posting the property. AYE: BERENT, BRINTON. NAY: MERRILL. AYE: SMITH. MOTION CARRIED. The Project Planner was asked to post on Brunswick and Dalesford Streets. PUBLIC HEARING/CUSTOM MASONRY - Steve Hiatt Chairman SMITH announced that this was the time and place set for a public hearing on the application for Custom Masonry by Steve and Linda Hiatt, for a rezone. APPLICANT: Steve and Linda Hiatt l,ncation: 1022 W. State St. and 964 W. State St., Eagle Proposal: to rezone from R5 to C2 for the use of an existing office facility, masonry business and storage for the same, and parking area. Steve Hiatt presented the application to the Commissioners. He indicated he had been residing and had a business in that location since 1984. The complaints started when he bought another adjoining lot and expanded the business. Testimony: In favor: Shawn Nord, Bill Turpin, Larry Cupp, Wayne Swanson, Lonnie Clarkston Opposed: Helen House, Bob Horting, Jerry potter, Joey Cullen, Cathy Horting, Reba Cullen, Leola Yucis, Robert Jessen. The public hearing closed at 9:35 p.m. Moved by Bradley and seconded by Berent to continue the matter until May 16, 1994 in order to give legal counsel time to consider the issue of nonconforming use. FINDINGS OF FACTS AND CONCLUSIONS OF LAW/SWANSON REZONE Moved by Berent and seconded by Merrill to approve the findings with the corrections made by the City Attorney. Those changes are as follows: to include the following i #1 of the Conclusion: "Furthermore, this project is in conflict with the generally residential character of the neighboring properties and would adversely impact the use of that property". ALL AYE: MOTION CARRIED. 2 FINDINGS OF FACTS AND CONCLUSIONS OF LAW/WINTERY RIVER SUBDIVISION AND SCOTTS GLEN SUBDIVISION: Moved by Berent 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 10:30 p.m. ',". 3