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Minutes - 1995 - Planning & Zoning - 08/07/1995 - Regular EAGLE PLANNING AND ZONING MEETING MINUTES August 7, 1995 The Eagle Planning and Zoning Commission met in regular session on August 7, 1995. Vice-chairman BRINTON presiding in Chairman BRADLEY'S absence. The following members were present: DONALD BRINTON, NANCY MERRILL, RUSSEL MAYER, Absent: COLLEEN MAILE, BERT BRADLEY Moved by MERRILL and seconded by MAYER to approve the minutes of the July 17, 1995 meeting as presented. ALL AYE: MOTION CARRIED. COLLEEN MAILE now present. PUBLIC HEARING/Burgess Pump Rezone: APPLICANT: John M. and Geri Burgess Phone: 939-6603 AGENT/REP: Ron Sitzlar/Vicky Miholchick TYPE OF APPLICATION: Rezone from A to C2. LOCATION: 3031 E. State, Eagle, Idaho CURRENT USE AND ZONING: The property is currently zoned C2 for 300' along State Highway 44 and A on the back portion. It is being used for Burgess Pump Company and agricultural. PROPOSED LAND USE AND ZONING: Eagle Landscape Nursery expansion. The rezone application would make the entire parcel C2. Testimony: Ron Sitzlar, project representative said there may be an application for a landscape nursery in the future, but there are no plans now. The applicant is aware that a landscape nursery is a permitted use without a rezone, but he may want to add some additional retail uses. There was no public testimony. The public hearing closed at 8:15 p.m. Moved by MERRILL and seconded by MAYER to continue the matter until the owner can be contacted regarding a development agreement and his plans for the property. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Spyglass Subdivision - Annexation/Rezone/Preliminary Plat: CURRENT USE AND ZONING: Agricultural, county zoning RT APPLICANT: Merit Homes (Chip Gallagher) TYPE OF APPLICATION: Annexation, zoning and preliminary plat LOCATION: Northwest corner of Locust Grove and Chinden Blvd. PROPOSED LAND USE AND ZONING: Subdivision with approx. one acre lots, zoning requested: R1. SUBJECT: Spyglass annexation, zoning from County RT to Eagle City Zoning R1, and preliminary plat for a 33.74 acre subdivision with 25 building lots, one common lot and 2 landscape lots for a density of .74 dwellings per gross acre. The development is planned with community water and individual septic systems. Van Elg: Representative for the applicant, Merit Homes presented the proj ect to the Commission. The development will include a community well for fire protection. Each lot will be an acre or larger. There will be a central sewer system by using a system approved by Central District Health. The proposal is a drain field will be in the back side of the cluster of lots with a backup area. The septic will be located in the front. The clustering concept is a central system accepted by CDH. ACHD wants them to abandon the street off Chinden and create a stub street to the west. Randy Lindley: Zinger Lateral Ditch - outlined the system to the Commission. He is a dairy farmer along with his step father and mother, Merrill and Deanne. There is a dairy farm within 700 ft. from this development. They want the public to know about the smell, noise and dust. There should be a fence on the western border of this development. Hay is grown to the north of the property and also creates dust and noise, along with early hours of work. He thinks a fence should be a chain link fence on west side, from Chinden north. And suggests it may be well to fence it north too. Wants the Zinger Ditch Co. notified and included in the planning process. Jason Jacobian: in favor Steve Farmer: in favor Janet Mitchell: in favor Chip Gallagher: Developer - this was brought to their attention by people that wanted to develop this land to live on. Dean Briggs Project Engineer: spoke regarding the drain fields and wells in rebuttal to concerns. The well will meet all the health district requirements regarding the drain field question in final design. The public hearing closed at 9:13 p.m. Moved by MERRILL and seconded by MAYER to approve the annexation, zoning and preliminary plat subject to the following conditions: ~ 1. requires Central District Health approval ,- 2. require pressurized irrigation ~ ¡t-1I\.t:) .s 1'1 t.Wt"""VT""(,.I 3. authorization nrrom ~1nger Lateral waterways. 4. on west and north side fencing and plantings be provided as well as protection provided around the electrical box-well site as required by well property owner 5. the "Right to Farm" included in the CC&R's, posted on the property and on plat 6. annexation to Eagle U.S. Postal Services and Eagle Fire District 7. 20' wide screening planting strips and reserve strips west and north (landscaping) 8. standard conditions of approval 9. the well on Lindley's property shall have no contamination or otherwise be adversely affected by the establishment of drain fields 10. condition #17 modified to read "when sewer is available the development must hook up to the sewer district" 11. condition #25 modified to use septic tanks on street side and drain fields in the back side 12. condition #30 does not apply NEW BUSINESS: Ada County Transmittal 95-23-PDR/95-18-PR C Bar FEst. The location is on the east side of Park Lane. 7 acres, 3 lots (2 acres each) and a private road. The project was addressed by Charles Eddy. These lots are 2 acre minimums, individual wells and drain fields. Park Lane to be improved to 30 ft. along east side of the road a bike lane. Moved by MAILE and seconded by MERRILL to approve the transmittal as presented with the following conditions: 1. 2. street lights are included in the plan and appropriate bonding standard conditions ALL AYE: MOTION CARRIED. Downtown Development Plan - Merrill: presented a draft of a downtown development plan and asked P&Z to review it. Commissioner MERRILL asked for information on the property located at the S.E. corner of State St. and Eagle Road. The City Clerk will provide her with the name of the owner of the property. The Council report was given by Mary Berent. Next agenda: The Commission would like a Design Review and Council history on Treasure Valley and Golf Magic businesses. Commissioner BRINTON asked for an agenda item for the next meeting for posting of Signs: Kinds, location and size for all applications involving a public hearing. The September P&Z meeting dates will be Sept. 11 and 18, due to the holiday. There being no further business the meeting adjourned at 10:40 p.m. Respectfully submitted: APPROVED: BARBARA MONTGOMERY EAGLE CITY CLERK DON BRINTON, VICE-CHAIRMAN EAGLE PLANNING AND ZONING MEETING MINUTES July 17, 1995 The Eagle Planning and zoning Commission met in regular session on July 17, 1995. Chairman BRADLEY presiding. The following members were present: BERT BRADLEY, NANCY MERRILL, RUSSEL MAYER, COLLEEN MAILE DONALD BRINTON, Moved by BRINTON and seconded by MAYER to approve the minutes of the June 19, 1995 meeting as presented. ALL AYE: MOTION CARRIED. DESIGN REVIEW ORDINANCE UPDATE AND REVIEW: The City Attorney, Mona Mack, was present. She related to the Commissioners that by law and reason an ordinance must be one that can be reasonably understood by a person of average intelligence. This is the basis of constitutionality. The Commission and Attorney reviewed the guidelines and ordinance with members of the Design Review/Landscaping Committee that were present. After considerable discussion the Commission asked the City Attorney to meet with the Design Review/Landscape Committee in order to get problem areas of the ordinance resolved before bringing the final draft back to the Commission. The City Attorney agreed to meet with the Design Review Committee. The Commissioners updated their efforts in the various committees to the other members. The Council report was given by Mary Berent. There being no further business the meeting adjourned at 9:35 p.m. Respectfully submitted: BARBARA MONTGOMERY EAGLE CITY CLERK APPROVED: CHAIRMAN BERT BRADLEY