Minutes - 1994 - Planning & Zoning - 08/01/1994 - Regular
EAGLE PLANNING AND ZONING MEETING MINUTES
August 1, 1994
The Eagle Planning and zoning Commission met in regular session on
August 1, 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 Merrill to approve the minutes
of the July 18, 1994 meeting with the following corrections:
Page 3: Paragraph 5. The motion made by Bradley and seconded by
Mayer should include the results of the motion.
Page 3: LIAISON: should include the names Bradley and Merrill as
liaisons. ALL AYE: MOTION CARRIED.
PUBLIC HEARING/WINTRY RIVER CROSSING SUBDIVISION - PRELIMINARY PLAT
Chairman SMITH announced that this was the time and place set for
a public hearing on an application for a subdivision preliminary
plat for Wintry River Crossing.
APPLICANT: Big Sky Construction Co. (Doug Jayo)
ADDRESS: 1303 S. Five Mile Boise 83709
TYPE OF APPLICATION: Subdivision Preliminary Plat (flood plain)
LOCATION: Southwest corner Floating Feather & Eagle Road
PROPOSED LAND USE AND ZONING: R5 (residential), 53.81 acres
containing 89 lots, 6 open spaces (including Island lot), 1.65
dwelling units per acre, 1.85 lots per acre gross density
Steve Bradbury, Attorney for the developer, presented the
development to the Commissioners. There has been an expansion of
the open space from the previous plat and a minimum of 200 ft. from
the centerline of Dry Creek. There is also open space throughout
the project. There are pathway connections throughout the project
also. The project includes 53 acres. The existing zone is R5,
which complies with the Comprehensive Plan. The largest lot is
over 1/2 acre. The previous issues were the floodplain and
floodway. Construction in the floodway is prohibited but this
development does not build in the floodway, with the exception of
those areas in which the FEMA maps are in error. They hope to
convince FEMA of the error and have the maps corrected. Building
in the floodplain is permissible if the elevation is raised at
least one foot.
Dave Roylance, proj ect Engineer,
model by FEMA that is an error.
spoke about the cross section
Doug Jayo, the developer, agreed to a landscaping plan addressing
the natural state, and will design a plan planting acceptable
vegetation approved by the Landscaping Committee for a natural
look.
Testimony
Opposed:
Frank Stoppello, Ralph Clements, Dave Brady:
Concerns of the public: preliminary plat should be presented in
whole, not as a tentative plan subject to change mandated, in part
by FEMA. The open area should be for the public, not just the
homeowners within the subdivision. The Comprehensive Plan density
is no more than 4 and this does not meet the intent of the
Comprehensive Plan. Violations: page 3, purpose and scope. (the
environmental features, d and f, page 5, the hazard areas which
identifies the Dry Creek area. The Boise River and Dry Creek are
to remain in a natural state. Parks recreation, subsection 3, IIset
aside for public---"
Special areas and sites page 8, subsection 7--."preserved for
public, page 9 "ecological ad scenic. "--Page 12 Natural Resources
(describes wildlife) and talks about Dry Creek be formed to decide
the fate of this area and study the possibility of grants,
donations, bonds for purchase of the land to develop into a park.
The rural nature of the area should remain in tact.
Commissioners concerns: The Comprehensive Plan,
subdivision and the natural state referred to tonight.
park
vs.
Public hearing closed at 9:00 p.m.
Moved by Merrill and seconded by Bradley to reopen the public
hearing to hear the results of the committee meeting and the
results of the subdivision as addressed by Council. ALL AYE:
MOTION CARRIED.
Testimony:
Dave Roylance, Frank Stoppello
There was no total consensus resulting from the Committee meeting.
There was more positive response regarding the common areas and did
result in the 200 ft. buffer.
The public hearing closed at 9:45 p.m.
Moved by Bradley and seconded by Brinton to recommend approval
of the subdivision conditioned on the following:
1. the recommendation by P&Z to approve the plat is with the
exception of the two lots, now referenced as 4 and 9, that are in
the floodway. If the removal of those lots from the floodway
designation is not accepted by FEMA they become common lots,
maintained by the homeowners association, not building lots. If
they are acceptable as building lots, without altering the str
bed they can become building lots; ~ _~_~AA~) --QP
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2. that the pathway will be ^ malntained by the homeow ers
association, all landscaping be purposely designed "natural" on the
Dry Creek area, but remain free of weeds, all landscaping subject
to the City Landscaping Committee;
3.
the standard subdivision conditions.
This development d~' meet the intent of the Comprehensive Plan and
ordinances of thei,' ity. AYE: BRADLEY, BRINTON, MAYER. OPPOSED:
MERRILL. ~~ A-Y~ MOTION CARRIED.
FINDINGS OF FACTS AND CONCLUSIONS OF LAW/DOWDING - CUP:
Moved by Brinton and seconded by Bradley to approve the findings as
presented. ALL AYE: MOTION CARRIED.
FINDINGS OF FACTS AND CONCLUSIONS OF LAW/CUSTOM MASONRY - REZONE
The acting city attorney addressed the issue of denial based on the
inability to agree to a development agreement by citing the City of
Tigard case. In that case the city denied the request of the
property owner but the court did not accept the city decision
citing a taking of property.
The findings need to deal with the rezone specifically. A
determination for denial of a rezone must be determined. It cannot
be denied because of a lack of a development agreement.
MOved by Bradley and seconded by Merrill to approve the findings
with the corrections made by the City Attorney, the denial based
upon the noncompatible use of the surrounding property and
noncompliance with the Comprehensive Plan. ALL AYE: MOTION
CARRIED.
Ada County Transmittal 94-43-CU/94-30-V - Lawton: the application
is for a building over 900 sq. ft. Moved by Brinton and seconded
by Bradley to recommend approval for the CUP but to recommend
denial of the variance based on provisions of State Code, Section
67-6516, Variance "A variance shall not be considered a right or
special privilege, but may be granted to an applicant only upon a
showing of undue hardship because of characteristics of the site
and that the variance is not in conflict with the public interest".
ALL AYE: MOTION CARRIED.
The Council report was given by Morgan Mesner.
The City Clerk discussed the upcoming agendas with the
Commissioners. The first meeting in September is a holiday. The
Commissioners agreed to conduct only one meeting that month.
Councilman Mesner will ask the Council if they want a j oint meeting
in A~ st and let the Commissioners know.
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re 0 fur~~¥.,-)~k$~~Ei~:~""~he meeting adjourned at 10 :30 p.m.
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