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Minutes - 1995 - Planning & Zoning - 06/05/1995 - Regular EAGLE PLANNING AND ZONING MEETING MINUTES JUNE 5, 1995 The Eagle Planning and Zoning Commission met in regular session on June 5, 1995. Chairman BRADLEY presiding. The following members were present: BERT BRADLEY, DONALD BRINTON, RUSSEL MAYER, COLLEEN MAILE, Absent: NANCY MERRILL Moved by BRINTON and seconded by MAYER to approve the minutes of the May 15, 1995 meeting as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARING - Hopkins Evergreens: CUP APPLICANT: Hopkins Evergreens TYPE OF APPLICATION: Conditional Use Permit LOCATION: Lot 32, Block 7, Phase 5, Lexington Hills, approx. 1/8 mile north of Floating Feather on west side of Seven Oaks. PROPOSED LAND USE AND ZONING: Temporary nursery on approx. 6 acres and approx. 4 acres of grass for park/ballfield. Zone R4. Chairman BRADLEY abstained due to possible conflict of interest. Vice Chairman BRINTON announced that this was the time and place set for a public hearing on an application for a Conditional Use Permit for a temporary plant nursery. Georgia Mackley of Lexington Hills, representative for the applicant, advised Planning and Zoning this was a conditional use permit for a temporary plant nursery until the school is built. Nursery will be on approximately 6 acres and remaining 4 acres of grass to be used as a park. There is a Stor Mor shed on site which does not require sewer and water. Testimony: Opposed: Virginia Brumpton - retail business in residential, not zoned for this, increase in traffic, loss of value to homes and quality of living. In Favor: Kim Gourley - President of Lexington Hills Homeowners Assoc. submitted petition signed by homeowners in favor. Jim Ball - in favor Kendall Hopkins, applicant - better aesthetic view, will be able to offer trees to homeowners and will be not a full fledged retail operation. Public hearing closed at 7:56 p.m. Moved by MAILE and seconded by MAYER to recommend approval of the conditional use permit with the following conditions: 1. 2. 3. 4. 5. 6. Renew CUP on an annual basis. Hours for retail sale 9 a.m. - 5 p.m. 6 acres for nursery. 4 acres for park site/ball field. No construction on site. Restriction on signage and marketing. ALL AYE: MOTION CARRIED. PUBLIC HEARING - Covey Glen/Floodplain/Rezone/Subdivision Preliminary Plat: APPLICANT: Barry Peters TYPE OF APPLICATION: Floodplain/Rezone/Preliminary Plat LOCATION: 3/4 mile west of Eagle Road south of and along Mace Road. PROPOSED LAND USE AND ZONING: Proposed zoning of AR, a 4 lot subdivision on 28.12 acres with approx. 7 acres per unit (.142 dwellings per acre). Proposed project is partially in floodway and floodplain. Barry Peters, applicant and owner, outlined the project for the Commission. Will be a 28 acre subdivision involving only 4 parcels arranged around a 5 acre pond. Each parcel will be owned by members of the family. Three major problems were encountered in planning subdivision and have been resolved: (1) high ground water makes land unsuitable for septic. Use of enclosed evapotranspiration system has been been approved by Central District Health. (2) Mace road is sub-standard. ACHD has proposed a collector road from Eagle Road out to back side of Quarter Circle DJ Ranch. (3) Western 20 acres of property in floodway. Homes will be elevated above BFE and FEMA has approved no rise analysis. Public Testimony: Opposed: Charlie Porter, property owner to west. Biggest concern is flooding and resulting damage to his property. Public hearing closed at 8:42 p.m. Moved by MAILE and seconded by MAYER to approve the rezone to AR and the preliminary plat with the following conditions: 1. 2. Eagle Standard Subdivision Conditions of Approval. Connect to Eagle Sewer District within 180 days of notification by Central District Health that sewer is available. Mace Road meets ACHD requirements. Maximum depth of pond 30 ft. No lot splits until sewer is available. CLOMR (conditional letter of map revision) prior to final plat approval. Meet FEMA requirements Obtain 404 permit if required. 3. 4. 5. 6. 7. 8. MOTION CARRIED. ALL AYE: NEW BUSINESS: Ada County Transmittal 95-48-CU - Campbell: Moved by BRINTON and seconded by MAILE to recommend approval as presented. ALL AYE: MOTION CARRIED. Design Review Ordinance - Review: Commissioners went through the Design Review Guidelines Booklet page by page and recommended changes. Phil Hull of The Land Group will make changes and bring back to the next meeting. Moved by BRINTON and seconded by MAILE to continue to the June 19, 1995 meeting. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: Findings of Facts & Conclusions of Law/Eagle Comprehensive Plan - 1995 Amendments: Moved by BRINTON and seconded by MAILE to approve the findings with changes in paragraph 8 to read: " Insufficient evidence has been provided regarding substantial changes in actual conditions in the subject areas to justify changes in the Plan at this time. Sewer capacity is an issue. Concerns also exist about the data provided on the impact on schools and the population." ALL AYE: MOTION CARRIED. Discussion took place regarding clarifying that the chairman of the Downtown Task Force be allowed to have voting rights. To avoid confusion a motion was made to acknowledge voting rights. Moved by MAYER and seconded by BRINTON to give the chairman voting rights on the Downtown Task Force Committee. ALL AYE: MOTION CARRIED. The Council report was given by Mary Berent. Vice Chairman Brinton asked that establishment of committee responsibilities be put on the next agenda. The July 3rd meeting has been changed to Monday, July 10, 1995. There being no further business the meeting adjourned at 10:45 p.m. Respectfully submitted: ~~Í~~,k ADMINISTRATIVE CLERK APPROVED: CHAIRMAN BERT BRADLEY