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Minutes - 1995 - Planning & Zoning - 12/18/1995 - Regular EAGLE PLANNING AND ZONING MEETING MINUTES December 18, 1995 The Eagle Planning and Zoning Commission met in regular session on December 18, 1995. Chairman BRADLEY presiding. The following members were present: BERT BRADLEY, DONALD BRINTON, RUSSEL MAYER, FARRIN FARNWORTH. Absent: COLLEEN MAILE. Moved by BRINTON and seconded by MAYER to approve the minutes of the December 4, 1995, by deleting the name BRINTON in connection to the reference that any further upgrading should not be considered, which was stated by MAILE. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Ordinance #269-Amending Titles 8 and 9/Planned Unit Developments: Chairman BRADLEY announced this was the time and place for a public hearing regarding the proposed amendment to Title 8 and 9, the Planned Unit Development section of the Eagle City Code. Proposal: to amend Titles 8 and 9 of the Eagle City Code to provide for the final approval of Planned Unit Developments in successive segments and to provide for an exception to the single ownership requirements for individual building lots. Testimony: Opposed Stasia Allen Buffenbarger Pam Dillon The concerns of the public: questions were asked about sections 8- 6-6-3 the final development plan and scheduling, 9-5-4-4 single ownership. The Commission would like to see amendments included in this document regarding PUD' s, which should include the PUD' s in commercial zones. The City Attorney, Mona Mack will contact Steve Bradbury, the attorney that originated the amendment, and ask him to be present at the January 22, 1996 meeting to speak to this amendment. Chairman BRADLEY asked to leave the public hearing open, but it is understood that there is a need to advertise the public hearing for additional changes. written Testimony: Stasia Allen Buffenbarger Moved by BRINTON and seconded by FARNWORTH to continue this matter until January 22, 1996 and include in this amendment the matter of PUD's in Commercial zones as well as amendments to this draft. Mr. Bradbury is to be invited to attend the hearing to discuss the draft. The Commission will leave the public hearing open. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Ordinance #270 - Land Use Actions-amendment to Title 8 and Title 9 Chairman BRADLEY announced this was time and place for a public hearing regarding the proposed amendments for land use actions in Title 8 and 9 of the Eagle City Code. Proposal: to provide for uniform notice requirements Conditional Use Permits, Variances, Zoning text and Zoning Annexation, Development Agreements, Preliminary Plats subdivisions, General subdivision Ordinance, Comprehensive Plan Zoning Ordinance text, and Map and to require posting of property in all public hearing applications. for Map, of and the No public testimony offered. The public hearing closed at 9:00 p.m. Moved by BRINTON and seconded by MAYER to approve the Ordinance with the following options added: 1. To amend the draft of Ordinance #270 to read that the kind of sign can be a choice between an arrowhead or 4x8 perpendicular sign lettered on both sides. Further that there will be a requirement that the sign will be lettered on a white background with black letters. AYE: BRINTON, MAYER. Nay: Farnworth. MOTION CARRIED. PUBLIC HEARING/Ordinance #271 - amending the City Code to prohibit Drive-in Restaurants in the CBD district and a CUP in C2 and C3 districts. Chairman BRADLEY announced this was the time and place for a public hearing regarding the proposed amendment to the code regarding Drive-in Restaurants in the CBD District and C2 and C3 District. Proposal: To prohibit Drive-in Restaurants in the CBD District and require a CUP in a C2 or C3 District. Testimony: no public testimony offered. Written Testimony: Opposed: Smith Chevron Moved by BRINTON and seconded by MAYER to approve Ordinance #271 prohibiting Drive-in1s in the CBD District and permitting them in the C1,C2, and C3 Districts with a Conditional Use Permit. Further, to amend the Regulations to include drive-in restaurant and food stands be placed in the District Regulations under restaurants. Food stands will be permitted in the C2,C3 and CBD Districts and and require a Conditional Use Permit in LO,C1 Districts. ALL AYE: CARRIED. Discussion regarding definitions in Title 8 resulted in continuing the issue to a future date. Discussion included the word "drive- in" and "food stand" which will now be placed under the restaurant section of the District Regulations. The definitional changes in the District Regulations in Title 8 will be taken up at a near future date. UNFINISHED BUSINESS: Findings of Facts and Conclusions of Law: 1. 2 . Falling Waters Subdivision - preliminary plat/PUD/Floodplain Idaho Power Substation - CUP Moved by BRINTON and seconded by MAYER to approve the findings for Falling Water Subdivision. ALL AYE: MOTION CARRIED. Moved by MAYER and seconded by FARNWORTH to approve the findings of Idaho Power Substation CUP. ALL AYE: MOTION CARRIED. NEW BUSINESS: Ada County Transmittal: 95-22-V/PILLOT: Moved by Mayer and seconded by BRINTON to deny as this is a violation of The Eagle Comprehensive Plan. The Hazard section, Implementation, (2), which reads,"No development in a floodway will be considered without a No Rise Analysis performed to demonstrate that no rise in the base flood elevation will occur". ALL AYE: MOTION CARRIED. Council Report: Mary Berent There being no further business the meeting adjourned at 9:50 p.m. Respectfully submitted: BARBARA MONTGOMERY EAGLE CITY CLERK APPROVED: CHAIRMAN BERT BRADLEY