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Minutes - 1994 - Planning & Zoning - 07/18/1994 - Regular EAGLE PLANNING AND ZONING MEETING MINUTES JULY 18, 1994 The Eagle Planning and Zoning Commission met in regular session on July 18, 1994. Chairman SMITH presiding. The following members were present: KEN SMITH, BERT BRADLEY, DONALD BRINTON, NANCY MERRILL, RUSSEL MAYER. Moved by Bradley and seconded by Brinton to approve the minutes of the June 20, 1994 meeting as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARING/RAY DOWDING/IDAHO SAND AND GRAVEL - CUP Chairman SMITH announced that this was the time and place set for a public hearing on an application for an amendment to the conditions of approval to allow a 10 ft. perimeter buffer. APPLICANT: Ray Dowding ADDRESS: 101 Eagle Glen Ln. Eagle TYPE OF APPLICATION: CUP-to amend approval on the CUP granted 12/10/91 LOCATION: Highway 55 and Hill Rd. PROPOSED LAND USE AND ZONING: Gravel the original conditions of pit, zoned M2 Testimony: Opposed: Donald Korte, Daryl Tague Mr. Dowding addressed the proposal to P&Z members, and asked for the 10 ft. buffer on the west side of the gravel pit. He indicated he will not be pulling any more gravel from the pit on the west side, they are ready to reclaim that area. They pulled more than 30 ft. out of the west side without being aware of the 30 ft. requirement. He would like to reclaim to 10 ft. not 30 ft. Concerns of the public: disregard for adjacent property owners and violations of conditions placed by the City, dust problems, lack of safety fencing. Public hearing closed at 8:00 p.m. Moved by Merrill and seconded by Bradley to deny the CUP Application request based on ECC 8-7-3-2.I The General Standards for Conditional Uses. (I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of maj or importance. ) NOTE: Brinton noted for record that the letter from the Idaho Dept. of Transportation had no bearing on this decision. PUBLIC HEARING/ORDINANCE #248: Chairman SMITH announced that this was the time and place set for a public hearing on an application for a zoning ordinance for the Chinden Annexations to R1. Testimony: R1 zone. Inquiries: C.D. Martin: objects to height allowed in There was no opposing testimony. Public hearing closed at 8:35 p.m. Moved by Brinton and seconded by Merrill to recommend approval of the ordinance as presented. ALL AYE: MOTION CARRIED. FINDINGS OF FACTS AND CONCLUSIONS OF LAW/KNICKREHM CUP Moved by Brinton and seconded by Bradley to approve the findings as presented. ALL AYE: MOTION CARRIED. CUSTOM MASONRY - REZONE/DEVELOPMENT AGREEMENT Steve Hiatt, owner of Custom Masonry reviewed the proposed Memorandum of Understanding outlining a development agreement with the Commission. Mr. Hiatt agreed to berm and landscape the eastern portion of his property abutting the residential development to the east with shrubs, bark and a fence. He requested the hours outlined in the agreement be modified for summer working hours and advised the commission he could not agree to an easement along Dry Creek through his property. After considerable discussion the Commission made the following motion: #5. HOURS OF OPERATION: Moved by Brinton and seconded by Mayer to amend the agreement to read the hours of operation to be open from 6:30 a.m. to 8:30 p.m. in the summer. ALL AYE: MOTION CARRIED. #4. IMPROVEMENTS ALONG STATE ST: Moved by Brinton and seconded by Merrill to remove the bonding requirement and replace it with an agreement to support of a local improvement district when the initiative was made by the City. ALL AYE: MOTION CARRIED. #2 PATHWAY EASEMENT: no agreement Moved by Bradley and seconded by Mayer to deny the application as it is not possible to come to an agreement on the Dry Creek pathway easement and to base the denial on the Eagle Comprehensive Plan, Purpose and Scope, #M. " to develop and enhance the Boise River Greenbelt, river trails and pathways within the City and its Impact Area" . Ada County Transmittal 94-38-PDR/94-17-PR: A 7 lot Planned Residential Development and a private road to access the lots 0 The development contains 35 acres and is located at 4305 Willow Creek Rd., Eagle, rd., (No of Beacon Light Rd.) in the NE and NW Quarters, Section 32, Township 5N, Range 1E. The intent is to divide the property into five 5 acre lots and the remainder into a 9+ acre lot. Phase 1 will include four lots only (three 5 acre lots and the 9+ acre lot with the existing home site). If all phases are not subdivided simultaneously, so that all phases and all lots are simultaneously depicted upon the final subdivision map, the subdivision shall occur sequentially (phase 1 first than phase 2). This subdivision is located in the Eagle Fire District and is served by individual septic tanks and individual wells. The application was presented by Dick Fisher. Moved by Brinton and seconded by Merrill to approve the transmittal as presented. AYE: BRINTON, MAYER. ABSTAIN: BRADLEY. MOTION CARRIED. Ada County Transmittal 94-27-ZC: Stilwell: An application for a zone change from RT (Rural Transition) to R1 (Estate Residential), from Ada County Development Services on behalf of Scott Stilwell. The parcel is generally located on the east side of Park Lane between Floating Feather and Beacon Light. At this time the application is only for a rezone. Moved by Bradley and seconded by Mayer to recommend "no comment". Low density in Eagle allows 1 unit per 2 acres pursuant to~ Eagle Comprehensive Plan. The City would approve zoning:íb. e Impact Area only on that basis 0 A \...\.. ~~ o. l""\o~('CI~ C,..6..~v- \,(.9 W VICE CHAIRMAN APPOINTMENT: Moved by Brinton and seconded by i. Merrill to appoint Bert Bradley as Vice-Chairman. ALL AYE: MOTION CARRIED. ...1..-' .,.~ ~...V""\. tAd LIAISON: The Commission agreed to have two liaisons share the reporting to Council. They will coordinate the schedJle between themselves. There being no further'business the meeting adjourned at 10:25 p.m. " .' . " ~ .:::' "", .~' a~ CHAI N SMITH