Minutes - 1995 - Planning & Zoning - 11/20/1995 - Regular
EAGLE PLANNING AND ZONING MEETING MINUTES
November 20, 1995
The Eagle Planning and Zoning Commission met in regular session on
November 20, 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 MERRILL to approve the minutes of
the November 6, 1995, meeting as presented. ALL AYE: MOTION
CARRIED.
PUBLIC HEARING/Channel Center Subdivision/Floodplain
Chairman BRADLEY announced this was the time and the place for a
public hearing regarding the application submitted by Channel
Center Subdivision for a preliminary plat and floodplain permit
continued from November 6, 1995.
Applicant: Dennis Baker
Representative: Wayne Stolfus
Type of Application: Subdivision (commercial & residential)
Location: North side of the North Channel Boise River along the
west side of Eagle Road, the former feed lot and packing plant.
Proposed Land Use and Zoning: Zoning to remain C1, proposed
subdivision includes 10 lots, 9 intended for commercial uses and
one for multi family residential.
Wayne Stolfus, a representative for the applicant, updated the
Commissioners on the project. The developers are proposing private
streets. He outlined a plan for the pathway within and along the
subdivision. This is an area of critical concern and setbacks will
exceed the C1 requirements. 17% of the project is open space and
will not be building lots, it is unusable space. They will ask for
a code amendment to allow private streets for this commercial
subdivision.
Don Belts with the architectural firm representing this project
spoke about the design of the project.
Testimony:
James Grosman: Eagle River LLC representative
Written testimony: none
The public hearing closed at 9:25 p.m.
The developer was asked to waive the 35 day ruling to set a hearing
before Council, established by Code. The developer agreed. The
private street ordinance submitted is a very broad ordinance. The
City Attorney recommended the use of private roads should be more
restricted than this ordinance provides. The developers agreed to
return the ordinance to their attorney for modification. The
ordinance and subdivision will then be scheduled for public hearing
concurrently. The P&Z wants a recommendation from the pathway
commi ttee on "trails" and what is the definition. The P&Z
Commission would like the answer by the first meeting in January.
Moved by BRINTON and seconded by MAYER to continue the matter until
the second meeting in January. ALL AYE: MOTION CARRIED.
PUBLIC HEARING/Falling Waters Subdivision-PUD-CUP:
Chairman BRADLEY announced it is the time and the place for a
public hearing regarding the application submitted by Falling
Waters Subdivision for a preliminary plat, a continued hearing from
November 6,1995 in order for the p&Z members to view similar
subdivisions. River Run and Meadow Creek were given as examples.
Applicant: James Grossman, Eagle River LLC.
Proposal: MIA - zone 206 units and provides 40% open space. Using
the natural amenities. Will buffer the bypass and provide a
greenbelt to buffer. Sensitive area in comp plan, studies of this
area have been completed. 5 ft side set backs. They are willing
to work with ACHD about the access from Eagle Rd.
Location: E. Side of Eagle Rd, S. of the proposed Alternate Rt.
Bill Selveage outlined the project and stated there is a pathway
system that will tie the east and west together. He indicated that
ACHD may be able to use impact fees to develop Riverside.
Testimony: opposed
Tom Datter
Rudy Anderson
Concerns of the public: There are pristine areas with heavy timber
on site that are now planned for development. They may be wet
lands and should not be stripped. Riverside should not be
developed. This is too dense for the area. There is no land set
aside for children, no amenities for children. This does not lend
itself to the rural philosophy of Eagle.
The public hearing closed at 10:30 p.m.
It was a concern of P&Z that the PUD requirements read only for
residential and not commercial or industrial.
Moved by MAILE and seconded by BRINTON to deny this application
based on the following:
1.
2.
3.
4.
5.
Exhausting services.
Incompatible with neighboring property.
Does not meet the objections of the Comprehensive
Does not meet the ECC 8-6-1.B (transportation and
Lots do not meet the minimum lot frontage.
Plan.
schools) .
AYE: MAILE, BRINTON.
FAILS.
NAY: MERRILL, MAYER.
CHAIRMAN: NAY. MOTION
Moved by BRADLEY and seconded by MAILE to reconsider the motion.
ALL AYE: MOTION CARRIED.
BRADLEY asked for clarification from MAILE if the motion is subject
to change. MAILE declared she would not amend the motion. The
motion stands as presented. ALL IN FAVOR OF THE MOTION TO DENY:
AYE: MAILE, BRADLEY, BRINTON, NAY: MERRILL, MAYER. MOTION CARRIED
TO DENY.
UNFINISHED BUSINESS:
Findings of Fact and Conclusions of Law: Meridian School District -
CUP: Moved by BRINTON and seconded by MERRILL to approve the
findings as presented. ALL AYE: MOTION CARRIED.
Sign Posting and amendments to the notification procedures section
of Title 8 and 9: - an amending ordinance submitted by the City
Attorney was reviewed by the Commission. Moved by BRINTON and
seconded by MERRILL to consider the ordinance in a public hearing
forum. This will be scheduled for a December hearing. ALL AYE:
MOTION CARRIED.
NEW BUSINESS:
Drive-Inn Restaurant Ban-downtown area. The Commissioners
preferred the idea of a CUP in the Cl,2 and 3 districts and not
permit in the CBD. Moved by MAILE and seconded by MERRILL to set
up for a public hearing in December. ALL AYE: MOTION CARRIED.
Moved by BRINTON and seconded by MERRILL to have Mona write the
ordinance as discussed and deliver it to City Hall for publication
for a hearing on December 18. ALL AYE: MOTION CARRIED.
Council Report: Mary Berent and Barbara Montgomery.
The Commission asked the City Clerk to establish the town meeting
for the design review in the seniors portion of the building for
January, 1996.
There being no further business the meeting adjourned at 11:45
p.m.
Respectfully submitted:
BARBARA MONTGOMERY
EAGLE CITY CLERK
APPROVED:
CHAIRMAN BERT BRADLEY