Minutes - 1998 - Planning & Zoning - 09/28/1998 - Regular
ORIGINAL
EAGLE PLANNING AND ZONING COMMISSION MEETING
MINUTES
September 28,1998
The Planning and Zoning Commission met in regular session on September 28, 1998.
Chairman Brinton presiding.
1. CALL TO ORDER: DONALD BRINTON, F ARRIN FARNWORTH, LYNN
MOSER, GENEVA TRENT, FRED WILSON
2. ROLL CALL: The following members were present: DONALD BRINTON,
FARRINFARNWORTH, LYNN MOSER, GENEVA TRENT, FRED WILSON. A
quorum is present.
3.
REQUEST FOR APPROVAL:
A. Minutes of the September 14, 1998.
Farnworth moves to approve the minutes of September 14,1998 as presented.
Trent seconds. ALL AYE. MOTION CARRIES...
4.
CONSENT AGENDA:
None
5.
OLD BUSINESS:
None
6. PUBLIC HEARINGS:
A. CU-7-98 - Conditional Use Approval for Eaele Country Plaza Shoppine Center-
William Hodees: William Hodges is requesting conditional use approval for Eagle
Country Plaza Shopping Center consisting of a multi-tenant commercial building (with
attached restaurant and with drive-thru service for an unspecified use), and two separate
building pads (one pad to include drive-thru service for a drug store). The total building
area proposed is approximately 74,000-square feet. The entire site is 7.S-acres and is
located at the northeast corner of Chinden Boulevard and Eagle Road. This item was
continued to discuss the service drive and northerly driveway on Eagle Road only.
Brinton introduces the issue, and opens the public hearing on the two continued issues
only.
Wilson abstains from participating in CU- 7-98.
Bill Hodges, 609 Main Street, Boise, ill. Reviews the items continued from the
September 14, 1998 meeting. (An overhead of the area is shown) Discussion of the
service drive. - the neighboring residents have met with Hodges representatives
Scott Beecham, 609 Main Street, speaks on the reasoning for a two-way verses a one-way
service drive. Also the drive-thru service has been eliminated.
Mark Butler suggests a new plan for the service drive.
- -----------'------~------~----------- --------------- -,,-
------ -------,-
Dwayne Diderickson, 3430 E. Chinden Blvd., gives his view of the service drive, and his
current driveway. The existing easement is currently on Hodges property and curves
onto Diderickson's property.
Denise Lyle, 3410 E. Chinden Blvd., voices her concerns with the general concept of the
traffic and the private drive-way.
Jim Lyle, 3410 E. Chinden Blvd., concerns with traffic and driveway.
Denise Lyle, the school bus stops on Chinden Blvd. in front oftheir current driveway.
David Bieter, city legal council, prescriptive agreement of the current users rights.
(definition of prescriptive easement: The right to use an access point, across someone
else's property, because you've used it for years, as opposed to a written easement where
the use of someone else's property for access is agreed to in writing.) Just because the
current residents use this easement as a private driveway, they do not have exclusive
rights to this driveway. The residents using this driveway do not have ownership of the
deed to this land.
A rebuttal from Bill Hodges: There is no deeded easement to the driveway. The appraisal
of Lyle's property was down-graded significantly because of the potential impact of the
shopping center. The Lyle's appraisal had a picture of the future plans for the shopping
attached. The Lyle's had access to all information prior to purchasing the land. Hodges
has sincerely tried to compromise to meet the needs all neighboring residents. The road
line is on Hodges property. "What we have there is a run down dance hall and the
residents of the old, seedy motel were criminals". There has been an attempt to put in a
quality shopping center.
Butler summarizes what was discussed in the September 14th meeting, and options for
conditions and findings of fact.
Brinton closes the public hearing. General Discussion.
Farnworth Moves to approve CU- 7-98 Eagle Country Plaza Shopping Center with
the site specific conditions and standard conditions of approval as follows:
Item #1. Remains as is.
Item #2. Eliminate paragraph one and two and replace with "Provide a
decorative masonry wall and landscaping along the east and north side of the
property as shown on Exhibit E. If an easement can not be procured from the
property owners to the east provide a decorative masonry wall and landscaping
along the east and north side of the property as shown on Exhibit D." Remove the
text in parenthesis in the last paragraph.
Item #3. Change Exhibit A to Exhibit E.
Item #4. Change Exhibit A to Exhibit E.
Item #5. Eliminate this item and replace with, "If an easement can not be
procured from the property owners to the east, site specific conditions #2, 3, and 4 above
shall not apply and the service drive shall be constructed as shown in Exhibit "D"."
Item #6. Delete and replace with Provide a 5' wide asphalt pathway along the
--------- -~------- -~ --- -------
east side of the service drive from Chin den Blvd. to the location where the service
drive and residential drive separate, approximately 150' north of Chinden." P&Z
said the trees should be addressed by the Design Review Board)
Item #7. Remain as is.
Item #8. Remain as is.
Item #9. Eliminate, design review issue
Item #10. Eliminate, design review issue
Item #11. Remain as is.
Item #12.
Item #13.
Item #14.
Item #15.
Item #16.
Item #17.
Item #18.
Item #19.
Item #20.
Item #21.
Item #22.
Remain as is.
Remain as is.
Remain as is.
Remain as is.
Eliminate, design review issue.
Eliminate, design review issue.
Change to (3" minimum caliper)
Remain as is.
Remain as is.
Eliminate.
Eliminate.
Replace Item # 21 with "Close off the entry into the east end of the parking lot
(located off the service drive approximately 50-feet north of Chin den Boulevard)
with landscaping or by the use of bolards if the fire department requires access at
this location."
Seconded by Moser. ALL AYE. MOTION CARRIES...(side a & b of tape 2)
Dwayne Diderickson reiterates the motion to clarify for his own understanding.
1. Farnworth amends the motion to add a new condition # 22 stating that, "The
easement for irrigation water is to remain on the property of the developer and
the developer shall provide engineering data to the City assuring that the water
will be transferred to the property owners to the north."
. Seconded by Trent
Bill Hodges clarifies the irrigation water easement.
Lyle makes a comment on the irrigation water.
Commission makes a recommendation for staff to make changes to standard
conditions item #8 to include the previous motion to therefore eliminate future
problems.
----------- --~----~------------------------- ~-----------------
B. V-2-98 -Variance to Decrease Front Yard Setback - Mary Ann Dalton: Mary Ann
Dalton, represented by Darren Leavitt with An-ow Land Surveying, is requesting City
approval of a variance to decrease the required front yard setback of an existing house
from 20-feet to IS-feet. The 0.69-acre site located on the southeast comer of Syringa
Street and Elliot Street at 2196 Elliot Street.
Brinton introduces the issue.
Darren Leavitt, 128 S. Eagle Road discusses the item.
Wilson moves to approve V-2-98 variance to decrease front yard setback of Mary
Ann Dalton with site specific conditions of approval. Seconded by Farnworth. ALL
AYE. MOTION CARRIES...
7. NEW BUSINESS:
A. Findin s and Conclusions for CU- 7-98 - Ea Ie Count Plaza Sho in Center-
William Hodees: Project Description: William Hodges is requesting conditional use
approval for Eagle Country Plaza Shopping Center consisting of a multi-tenant
commercial building (with attached restaurant and with drive-thru service for an
unspecified use), and two separate building pads (one pad to include drive-thru service
for a drug store). The total building area proposed is approximately 74,000-square feet.
The entire site is 7.5-acres and is located at the northeast corner of Chinden Boulevard
and Eagle Road.
Brinton introduces the issue. General discussion.
Wilson abstains from participating in CU- 7-98.
Trent moves to continue CU- 7-98 until the next meeting. Moser seconds. ALL
AYE. MOTION CARRIES...
B. Discussion of Impact Fees:
Brinton opens the discussion.
Moser moves to continue discussion of impact fees to the next regular meeting.
Farnworth seconds. ALL AYE. MOTION CARRIES...
8.
REPORTS:
A. Zoning Administrator, Butler gives his report.
B. City Attorney.
C. City Council Liaison.
9. ADJOURNMENT: Moved by Farnworth and Seconded by Moser to adjourn at
10:45 p.m. ALL AYE...MOTION CARRIES...
- ---- - --- - - '- ----------------------- -
------------- --
~~,,'J~U".:'It"'~¡f;
...';>~'ì 0 F B-1 '¡f;~
$' <\. ~ "'."..'" C/ "'"'..
, . 8l' ... ,,1~ .....
" 1}.VOft-1;o. e\. ~
(, r... c -ð' '> :
"* .,
~, * -.- ö,:c
~ ö ~ ~
~\ ~ q.F AI. A'",:: :
.. ,\c-".4... - "o,:j '"
~ (jt.;.q~,....) "'. ':;'
~ ~ .."po'U¡,,(?,!;.,rI'_1t'. o, ,.,,"'
~ ""'" o",¡,>",¡;... !'<."'I,."'.;~"
...#,::t1? O':J 1"f;,~":.:.¡,&"
'..",~ .ç }..~~~...~
.'!"~h.~U"
RESPECTFULLY SUBMITTED:
SHAR K. SMITH
CITY CLERK/TREAS URER
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY
HALL.
-- ---~---------_._---~---- ----------