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Minutes - 1996 - Planning & Zoning - 11/04/1996 - Regular EAGLE PLANNING AND ZONING MEETING MINUTES VE BER 4\996 The onin Chairman BRADLEY presiding. i$sion met in regular session on November 4, 1996. The following members were present: BERT BRADLEY, DONALD BRINTON, RUSSEL MAYER, FARRIN FARNWORTH. COLLEEN MAILE ABSENT: BRADLEY: Change one item on the Agenda. Add approval of the minutes of October 7, 1996. REQUEST FOR APPROVAL: A. Minutes of the October 7,1996, Planning and Zoning meeting. FARNWORTH: On the minutes it states that there was discussion between the Commissioners. In the past we usually had that as a dialog or understood what we discussed. Does that affect us in anyway? Is it still on public record or do these minutes become public record? Is it still on tape? LEGAL COUNSEL: The minutes become public record but it is also on tape. It is required to maintain the tape as part of the public record. So you have both of them. From a legal standpoint it is covered. If you want more clarification for your own record keeping you can request that. A line has been added below the signature line that reads "A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY HALL". Moved by FARNWORTH and Seconded by BRINTON to approve the minutes of the October 7, 1996, meeting as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARINGS: NONE OLD BUSINESS: A. Findings of Fact for Revised Preliminary Plat of Echo Creek Subdivision #5,6 & 7 (PP-3-96)- The Zoning Administrator is requesting Commission+~pprö"al of the Findings of Fact for the Revised Preliminary Plat of Echo Creek SubdivisioO#5, 6& 7 (PP-3-96). The site is located at the Northwest corner of Floating Feather Roa(ij!aridthe new alignment of H:\P&Z\MEETINGS\PLAN_ZON\MlNUTES\1996\PZllO496.MIN 1 Highway 55. BRINTON: It should be noted that you should have received a separate package that has a final copy of the Findings of Fact and Conclusions of Law. Is everyone looking at the revised copy? FARNWORTH:lf I may ask staff for more clarification of the agreement on the berm on the East side. MARK: We got a letter from ITD with some minor issues that they with our proposed settlement agreement. We also got a letter from Homeowners Association agreeing to the settlement. The Developer was in today agreeing to the settlement. It looks like we are that much closer to having a consensus to the agreement to alleviate that problem. FARNWORTH: I have one more question about the pressurized irrigation. The developer said something about he was not going to guarantee that. It shows here that we are going to require that. This takes care of the pressurized irrigation for all phases, 1 thru 7. MARK: That particular portion of the findings is pointing out what staff's discussion was. If you look at the actual conditions of approval it should say that the irrigation shall be provided where it can be provided and if one of the phases doesn't have any irrigation water than the irrigation system will not be used in that phases. Page 16, Item #15. They will certify that the irrigation system will meet that criteria for the homes it serves as opposed to every home. BRADLEY: There is more than adequate enough irrigation to supply all lots of all phases of Trail Creek. There is enough pump capacity. MARK: The developer told us there probably would not be enough. That is why he did not want us to say provide to every lot. He wanted us to say to supply to every lot that they are serving. DISCUSSION CONTINUED MARK: We have a letter in the file that says they have to use up all their irrigation water in their subdivision before they use potable water for irrigation. That was a requirement of the developer. If you would like to amend condition #15 that could be amended. LEGAL COUNSEL: You can't amend the conditions on the~arliE!rphases. YoU can change the conditions on the subsequent phases. You shouldl!mòteth~t you already have H:\P&Z\MEETINGS\PLAN_ZON\MlNUTES\1996\PZllO496.MIN a moti angy,oted on what we tried to present here to the extent that this is not what you intend or tofhe extent that you want to reconsider you can move for reconsideration of this iss ~~þe and a otion. Moved by BRINTON to approve the Findings of Fact and Conclusions of Law in the matter of an application for Revised Preliminary Plat of Echo Creek Subdivision #5, 6 & 7 as presented and Seconded by MAYER. ALL AYE: BRADLEY ABSTAINED: MOTION CARRIED NEW BUSINESS: A. Garage Door Business (DR-15-96)-John Write is proposing to construct a new building for the sale of garage doors at 2373 E. Dunyon Street, between Dunyon and State, approximately 200 feet west of Parkinson Road. Staff Report: Overview of report. Design Review is recommending approval with three conditions. Staff's condition #1 should be modified to reflect the revised plans not the plans described in item #1 . Staff recommendation #9, Page 9 of 10, needs to be deleted if you choose to follow the Design Review recommendations. I would recommend that 20' be approved at this time. John Wright 2377 Park Lane Eagle, Idaho I have been in the garage door business since 1979 and run it out of my home. Virtually no drive-in traffic from customers. My main concern is storage of doors and office space to get out of the home and future investment for retirement. Discussion between applicant and commissioners. BRINTON: Have you seen the conditions that the Design Review Committee has recommended and do you have any problems with them? APPLICANT: One thing that I don't understand is the edge of the asphalt to the property line be planted and lawn. That wouldn't be my property. Theyi:âfêsuggesting that I plant and maintain lawn on property that is not mine. H:\P&Z\MEETINGS\PLAN_ZON\MINUTES\1996\PZII0496.MIN DISCu.SS1ON...CONTINUED LEGAUEC,O.W icy to require a private individual as a condition of approvil! to la s in in property that is not part of the application. If the applica!l1twa td.do anâ!:' pplicant wants that to be included in the overall landscape plan that could be taken into account. I would recommend that the City not pursue this policy. There are liability issues to be considered and sorted out. DISCUSSION CONTINUED Barbara Buyer Boise, Idaho I Three feet on west side of property would be in river rock or gravel. anyone. Design Review did not require any landscaping there. It cannot be seen by DISCUSSION CONTINUED ON LANDSCAPING LEGAL COUNSEL: Design Review Committee needs to come up with a reason why their recommendations on plants are better than the applicants. DISCUSSION CONTINUED BRINTON I recommend that we approve the Design Review, DR-15-96, for Garage Door Business and take only the first conditions that have been placed on it by the Design Review in addition to the standard design review requirements that they forwarded from their October 31st meeting, that at the Northeast corner of the parking lot the planter be reduced in length to accommodate regular parking spaces in the parking area there and that we ignore the change in the planting schedule to the area and I would recommend that you work with ACHD on the area between your property line and the State Street asphalt to see about putting lawn in. Seconded by MAYER. LEGAL COUNSEL: Did that also include staff recommendations. BRADLEY: #1 that we modify to reflect the revised plan. BRINTON AND MAYER AGREE ALL AYE: MOTION CARRIED ZONING ADMINISTRATOR'S REPORT: H:\P&Z\MEETINGS\PLAN_ZON\MINUTES\1996\PZllO496.MIN 'anç¡pplication for a cellular tower between old Hwy 55 and new Hwy 55. It is die of the Public Storage facility so on December 2 you might see that tower and g<pa DISC RECOMMENDATION TO DESIGN REVIEW COMMITTEE: MAYER: Make a recommendation to the Design Review Committee that if they make changes they need to provide an explanation of why they are making the changes. MARK: I will relay that recommendation to the Design Review Committee. BRINTON: Where do we stand on the change of makeup of the Design Review Committee? MARK: I think the Mayor moved it from the Agenda of the 12th to the 26th. On the 26th the appointments will be made. The Mayor appoints and the Counsel confirms. All of the appointments are up. All of the appointments are over two years old. Everyone of the committee will be notified from what the Mayor said that the appointment times are up, thank you for serving we will be appointing five individuals, some of them may be ones that are already on it. BRINTON: Will one be an architect? LEGAL COUNSEL: At this point the City Council has not made a specific determination of the professional requirements for that committee. I don't know if they will actually make a code requirement to have certain professionals on the committee. DISCUSSION Planning & Zoning Commissioners make a recommendation to the City Counsel that an Architect and a Landscape Architect be appointed to the Design Review Committee. MOVED BY MAYER AND SECONDED BY FARNWORTH TO ADJOURN. ALL AYE: MOTION CARRIED H:\P&Z\MEETINGS\PLAN_ZON\MlNUTES\1996\PZll0496.MIN RESP.seTFU ~"iUí'~~p,.~!!. ....", O"~ ¡;:;...,7~., ,,"...:f 1 s,./".- ",'A ~.. ~ ~ "0& -", , ~ ~~ .." 0..", ".:- ", ~ C,j .", ' ""c> "S' ., -. . ~YOR...-¡ -', ,'. ' =*: "<i~. : : -,,- , : \ \%SEAL ;..-', j ~ ',,~.p ..;-~:.,,: ~~!~..!:OJ¡~;¡~~"':.~ (¡ i'~ ""';~'()F W~b~"~'" """'tI"'\~ D. KOREY LOWDER EAGLE CITY CLERK A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY HALL H:\P&Z\MEETINGS\PLAN_ZON\MINUTES\1996\PZllO496.MIN