Minutes - 2003 - Planning & Zoning - 03/17/2003 - Regular
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ORIGINAL
EAGLE PLANNING AND ZONING COMMISSION
March 17, 2003
6:30 PM
The Planning and Zoning Commission met in regular session on March 17, 2003
Chairman Deckers presiding.
1.
CALL TO ORDER:
2.
ROLL CALL: The following members were present BANDY, BLOOM,
DECKERS, CADWELL, CROOK. A quorum is present.
3.
CONSENT AGENDA:
A. Minutes of March 3, 2003
B. Findines of Fact and Conclusions of Law for CU-1-03 - Conditional
Use Permi1Jor a Restaurant willl..!lrive thru service - Eaele River
LLC: Eagle River LLC, represented by Billy Ray Strite with BRS
Architects, is requesting conditional use approval to construct a restaurant
with drive thru service. The .95-acre site is generally located on the
southeast comer of Eagle Road and Eagle Ri ver Street.
Bloom moves to approve the Consent Agenda as presented. Seconded by Cadwell
(Deckers abstained). FOUR A YE...MOTION CARRIES.
4.
OLD BUSINESS:
5.
PUBLIC HEARINGS:
A. PP-1-03 - Mixed Use Subdivision No.5 - Eaele River. LLC: Eagle
River, LLC, represented by Bill Clark with Clark Development, is
requesting preliminary plat approval for Mixed Use Subdivision No.5
(a.k.a. Eagle River Development). The 36.5-acre, 29-lot (23-commercial,
6-common) commercial subdivision is generally located on the southeast
comer of Eagle Road and State Highway 44.
Deckers introduces the item.
Bill Clark, with Clark Development, 479 Main Street, representing the applicant, Eagle
River presents the application. Mr. Clark uses view foils to aid in his presentation. Mr.
Clark briefly provides an overview of the traffic impact study for the Eagle River
Development..
Dan Thompson, with Earthtech provides further explanation of the traffic study for the
Eagle River Development.
Discussion between Mr. Thompson and the Commissioners.
Jeff Lowe, City Staff presents the staff report. Discussion on the CUITent floodway line.
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Ransom Bailey, City Attorney, stands to address the question from the Commission
regarding the Olsen/Wells property issue.
Deckers opens the public hearing.
Becky McKay, Land use planner representing the adjacent land owner provides
information/history of her clients land. Ms. McKay states that her client has a piece of
property that is landlocked. The client has been told by a hired engineer that it could be
possible to change the floodway line and obtain a buildable site. They would need to
have access to this site in order to be able to make this a useable parcel. ACHD will be
reviewing this application. Ms. McKay provides a packet of information to be put into
the record.
Don Copple, 199 N. Capital Blvd. Ste. 600, Boise. Mr. Copple is an attorney
representing the property owners. Mr. Copple was hired by the applicant at the time
they were being sued by the City of Eagle. Mr. Copple states that they have appealed
the FEMA decision. They are here tonight to request a stub street and quotes from
Eagle City Code that requires an access.
Deckers closes the public hearing.
Deckers reopens the public hearing.
Bill Clark stands to provide a rebuttal. Mr. Clark provides a letter to be placed into the
record. Mr. Clark does not believe that there is any historic data showing an access
onto the adjacent property. Does not feel that it is up to the City to require an access be
placed on this application. Mr. Clark does have some concerns with site specific
condition #6. Would like to use the current flood plain development permit.
Ransom Bailey stands to address the Eagle City Code Section 9-3-2-1 (C) regarding
stub streets and interprets it to read that there is a purpose to providing a stub street.
However under Eagle City Code 9-1-5 it states the more restrictive codes shall comply.
Also, Eagle City Code 10-1-8-5 (D) (1) states that other developments are prohibited in
a floodway. Mr. Ransom states that this would be the more restrictive code which
supercedes the code which requires the stub street.
Jeff Lowe stands to address Mr. Deckers question regarding whether this parcel could
be subdivided.
Mr. Clark stands to address Commissioner Blooms question whether a stub street could
be built to the edge of the floodway.
Deckers closes the public hearing.
Bandy would prefer to have seen more residential use than the mixed use, but
understands this use because of the flood plain line.
Bloom agrees with Bandy and states this development is well done.
Cadwell would like to grant this application.
Crook prefers the commercial development with regard to safety and the floodway.
Deckers is always concerned about the traffic and this application does not change the
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traffic problem. We need more professional office space and feels this is a plus over a
residential use. Deckers is also concerned about the pollutants that commercial projects
require. Bandy states the commercial pollutants are a better trade off then residential
pollutants.
Deckers also states that as far as the Wells property and providing an access, we should
follow the City attorneys advice, and finds no reason to defer this application.
One more concern Deckers has is the unnamed intersection and would like to see this
permanently preserved.
Bloom moves to approve PP-1-03 - Mixed Use Subdivision No.5 - Eagle River,
LLC with staff recommendations and the site specific conditions of approval.
Keep the staff amended change to site specific condition #6. Seconded by Bandy.
ALL AYE... MOTION CARRIES.
6.
NEW BUSINESS: None
7. REPORTS: Mayor Merrill discusses the open house that will be held on
Tuesday night regarding the new city hall. Mayor Merrill provides a history of the
OlsenlWells property.
Deckers asks about changing the night for the P & Z meetings from Monday to another
evenIng.
8. ADJOURNMENT: Crook moved to adjourn at 9:03 p.m. Seconded by
Bloom. ALL A YE...MOTION CARRIES...
SHAR N K. MOORE
CITY CLERK/TREASURER
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RESPECTFULLY SUBMITTED:
APPROVED:
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STE~ DECKERS
CHAIRMAN
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A TRANS CRIB ABLE RECORD OF THIS MEETING IS A V AILABLE AT
CITY HALL.
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