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Minutes - 1995 - Planning & Zoning - 09/11/1995 - Regular EAGLE PLANNING AND ZONING MEETING MINUTES September 11, 1995 The Eagle Planning and Zoning Commission met in regular session on September 11, 1995. Chairman BRADLEY presiding. The following members were present: BERT BRADLEY, DONALD BRINTON, NANCY MERRILL, RUSSEL MAYER, COLLEEN MAILE. MOved by Brinton and seconded by Merrill to approve the minutes of the August 21, 1995 meeting as presented. ALL AYE: MOTION CARRIED. Moved by MERRILL and seconded by BRINTON to add to the agenda under UNFINISHED BUSINESS,B. New Signage, a continued discussion, and Sewer Discussion under NEW BUSINESS, Item C. ALL AYE: MOTION CARRIED. PUBLIC HEARING/MERRILL - CUP Application by Galen and Nancy Merrill for a Conditional Use Permit to place a mobile home on their property for parents as a temporary use. Nancy Merrill abstained. Galen Merrill, applicant, stated that the mobile home was needed for health reasons. Their parents will need to be here 7 months of the year so they can be near medical facilities. The rest of the year they will reside in Arizona. ~stimOnY : B nie J~~n ~Jn favor oe ~:nln favor Reed Merrill: in favor virginia Duncan: no objection driveway. but wants no parking sign in The public hearing closed at 7:42 p.m. Moved by BRINTON and second by MAILE to approve with a no parking sign posted in the driveway. ALL AYE: MOTION CARRIED. PUBLIC HEARING/ALBERTSON'S - REZONE Applicant: Albertson's Proposal: Rezone from R5 to C2 to establish an Alberson's grocery store Location: the NE corner of Eagle Rd., SE corner of Second St., and to the South of the future site of the Eagle alternate Route. 1 Written testimony: Mike Wortman: opposed. Mary Berent presented the staff report and indicated that the property was not properly posted and would need to be re-noticed. She suggested a Development Agreement be included in the notice. The P&Z Commission will hear the presentation from Albertson's representatives tonight and receive public input for those present that choose to give public testimony; however the public hearing will be continued until October 2 and comply with notice procedures. The hearing tonight will be conducted without response from the Commission. ~ ~ic~=: Albertson's ~torney began with the presentation of the Albertson's proposal. Kevin Mortensen, Albertson's Real estate Manager, continued by outlining that the Eagle Albertson's plan has been a 3 year project. When the project started it was thought that Eagle would start an urban renewal process, but the City decided not to do that. The representatives for Albertson's reviewed feedback from Eagle residents through the 3 year period. They hope to have addressed the concerns of the people. First, the original plan was not specific. They are now presenting a specific plan. An overhead was presented to the audience showing the proposed Albertson's building, site plan, landscaping, trees and street configuration. They expect the traffic generated will come from a 2 mile radius, thus not generating additional traffic but local people shopping in the area. They feel they meet the goals of the Comprehensive Plan for community planning and are not creating an additional city center but establishing a major retail business in the downtown area. Testimony: Opposed Chuck Bower Mary Gray Patrick Gibbons Tony Loucks In favor: Pauline Hineman Reed Merrill Those in favor: a convenient place for the people. This will generate taxes. Human resource reasons for the benefits of the community. Young people work at Albertson's. These people will be employed where they don't have the ability to be employed in Eagle at this time. This is an Idaho Corporation and very civic minded. Concerns of the public: traffic congestion, generating additional congestion, impact on local residents and businesses, concern for 2 neighbors in the area with noise generated by constant activity of freight trucks and customers. Ballantyne Ditch Company representative wants a guarantee in writing as to what the agreement will be concerning the ditch. Mary Berent was asked to contact ACHD and ITD representatives to be here on October 2. Moved by BRINTON and second by MAILE to continue the hearing until October 2 in order to re-notice the public hearing and to provide time for the developer to provide additional information. ALL AYE: MOTION CARRIED. PUBLIC HEARING/AERIE CONDOMINIUM SUBDIVISION/CUP-PRELIMINARY PLAT: Developer: John Browning Location: W side of Edgewood Ln., a part of Grossman Subdivision, behind The Trolley and U-Do-It-Car Wash. Proposal: a re-subdividing of an existing lot for 24 condominiums on 1.08 acres with a gross density of 22.2 dwelling units per acre in a C2 zoning district. Mary Berent presented the staff report on this project and informed the Commissioners that by Eagle's definition this project is not a condominium subdivision but a subdivision of 4-plexes. Written testimony: opposed - Dennis and Nancy Bragdon, Richard and Terri Walker, Gary and Mary McCoy, Leonard and Sherrie Wilson, and a petition signed by 84 Eagle residents. The applicant presented the proj ect to the Commissioners and pictures were distributed to the Commission. Mr. Browning stated that each unit will have a garage and parking spaces. The density will be 22.2 units to the acre. This development would generate 144 trips per day according to ACHD, less than a commercial use. This project lends itself to older retired people or young couples. Testimony: Opposed: John Grimstead Allen Barta Mike Kidder In favor: Terry Walker Concerns of the public: 1. Not in keeping with the Comprehensive Plan, the plan must be amended and there must be a benefit to the public. Too high density mixed with medium density 2. 3 3. 4. 5. 6. 7. 8. Too much additional traffic Not enough parking spaces Lack of common area for children to play Sewer and water questions are not answered. Lower values of adjacent property A change in density in the neighborhood The public hearing closed at 9:32 p.m. Moved by BRINTON and seconded by MERRILL to deny the application based on density, density in the surrounding area and not compatible with the neighborhood. ALL AYE: MOTION CARRIED. FINDING OF FACT AND CONCLUSIONS OF LAW/BURGESS PUMP REZONE MOved by BRINTON and seconded by MERRILL to approve the findings as presented. ALL AYE: MOTION CARRIED. NEW BUSINESS: SIGNAGE: continued to the next meeting. BRINTON asked the Commissioners to review the document regarding posting of signs for the next meeting. Ada County Transmittal 95-05-Z0A Ordinance: Moved by BRINTON and second by MAILE to approve the transmittal as presented. ALL AYE: MOTION CARRIED. Ada County Transmittal 95-24-PDR White Horse Sub: Moved by BRINTON and seconded by MAILE to accept the transmittal subject to the conditions of approval set forth by the City of Eagle. ALL AYE: MOTION CARRIED. SEWER DISTRICT DISCUSSION: There are 300 outstanding permits. As of tomorrow there will be a 60 day hookup provision invoked with no refund of fees. The District is issuing 10 to 15 permits per month and will not impose a moratorium at this time. The Sewer District volunteered to have a representative in attendance at P&Z meetings in response to a P&Z request. Moved by MERRILL and seconded by BRINTON to endorse the attendance of a Sewer District liaison at the P&Z meetings. ALL AYE: MOTION CARRIED. BRINTON recommended that the staff include in the next agenda the subj ect of renegotiation of the impact area as well as the jurisdiction of Ada County and the City of Eagle in the impact area. The Council report was not given by Mary Berent this evening. The Commissioners asked that the following items be placed on the 4 upcoming agenda: 1. Landscaping provisions of the Conditions of Approval 2. Discussion of the Comprehensive Plan. There being no further business the meeting adjourned at 10:50 p.m. Respectfully submitted: BARBARA MONTGOMERY EAGLE CITY CLERK APPROVED: CHAIRMAN BERT BRADLEY 5