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Minutes - 2001 - Planning & Zoning - 02/20/2001 - Regular ORIGINAL EAGLE PLANNING AND ZONING COMMISSION February 20, 2001 6:30 PM The Planning and Zoning Commission met in regular session on February 20, 200 I Chairman Franden presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present FRANDEN, BLOOM, NORDSTROM, CADWELL. Absent: DECKERS. A quorum is present. 3. CONSENT AGENDA: A. Minutes of February 5, 2001. B. Findings and Conclusions for CU-22-00 - Key Bank With Drive-up Service: Key Bank, represented by Roger Foster with BRS Architects, is requesting conditional use approval to construct a 5,300-square foot bank facility with drive-up service within the C-I-DA (Neighborhood Business District with Development Agreement). The site is located on the north side of Chinden Boulevard approximately 300-feet east of Eagle Road at 3314 E. Chinden Boulevard (located in the Eagle Marketplace Shopping Center). Nordstrom moves to approve the Consent Agenda as presented. Seconded by Bloom. ALL A YE...MOTION CARRIES. 4. OLD BUSINESS: None 5. PUBLIC HEARINGS: A. CU-23-00 - Public Service Facility/Sub-Transmission Line Reconstruction and Hei2:ht Exception ReQuest-Idaho Power: Idaho Power, represented by Layne Dodson, is requesting conditional use approval for a height exception request and for the reconstruction, upgrade, and re-routing of an existing 69kV power line to accommodate a 138kV sub-transmission line and placement of existing distribution lines underground. The new line will replace a portion of the existing facility which generally extends from the Eagle Substation (located on the south side of State Street approximately 350-feet east of 2nd Street) west to Ballantyne Road. (this item was continued from the February 5,2001 Planning & Zoning Meeting) Franden introduces the item. Commissioner Cadwell recuses himself from this item. \\EAGLENTI\COMMON\P&Z\MlNUTES\Temporary Minutes Work Area\PZ-O2-20-0Imin..doc Page 1 of7 Layne Dodson 10790 Franklin Road, Boise, representing the applicant presents the application. Mr. Dodson states he will present a proposal that hopefully will create a win win situation. Pictures are presented that show the existing power poles, the poles located on the comer of Eagle and McMillian Road and the 9 foot shorter proposed poles. Daryl Tracy 10790 Franklin Road, Boise, gives a brief overview of three possible alternatives. Jeff Lowe has no additions to previous staff report but stands to answer questions. The public hearing for this item is still open. Douglas W. Landwer, 2601 E. Floating Feather Road, Eagle. Mr. Landwer, would rather see the proposed route along Floating Feather Road. He presented over 40 signatures to the Commission opposing the proposed route. Charolotte Howard, 2526 N. Equestrian Place, Eagle. Ms. Howard thinks that all the poles in Eagle should be underground for esthetic reasons. Nordstrom asks her who should pay for this. Ms. Howard states the costs could be incurred by developers. Deckers arrives at 7:06 p.m. Barb Crowell 38759 Lane, Eagle. Ms. Crowell has two concerns; the importance of Eagle esthetics, and as a Realtor feels that this project effects the property values. Ken Hillard 1525 West Powder Court, Eagle. Mr. Hillard commends Idaho Power for their alternate proposals but feels there are better alternatives. His property backs up to the existing wooden poles. Does not want his three kids growing up under the new larger power poles. Bill Cowen 349 W. State Street, Eagle. Notified that there would be taller poles. Would like the notification process looked into. Daryl Tracy rebuttes the public testimony. Has a plan that addresses the easement issues. States that they could offer other color options for the poles then the standard gray. Mr. Tracy answers Commissioners questions regarding easements and setbacks. Layne Dodson reiterates Idaho Power's proposal to the Commission. Daryl Tracy addresses additional questions from the Commission. \\EAGLENTI \COMMON\P&Z\MINUTES\Temporary Minutes Work Area\PZ-O2-20-0 1 min..doc Page 2 of 7 Layne Dodson addresses the Commissions questions. Daryl Tracy addresses Commissioner Blooms concerns. Franden closes the public hearing. Discussion amongst the Commission. Bloom moves to deny CU-23-00 - Public Service Facility/Sub-Transmission Line Reconstruction and Height Exception Request-Idaho Power due to the fact that it does not meet the intent of the original Conditional Use Permit. The lack of diligence by Idaho Power by presenting this application to the city has not been met. More public input needs to be obtained. The impact to the city and its residents far outweighs the impact of building the transmission lines to a state highway right of way or another option. Seconded by Deckers. Discussion. Nordstrom makes a substitute motion to send the motion to the City Council with the denial, but with the explanation that we don't think on behalf of the City of Eagle and it's residents and the future look of the city area, that we have not succinctly done a good job of evaluating other alternatives, including finding ways to help fund putting underground powerlines in instead of adding to or changing the poles we have now. Idaho Power thinks that with this one additional upgrade of the grid that it should be sufficient in the future, we think it is worth looking into. It is important that the power needs for the City of Eagle are held in regard. Discussion. Nordstrom amends his motion to add, have the City Council approve staff to further review the Conditional Use Permit that was granted for the substation upgrade in 1995 and make sure this application is not in conflict with the original Conditional Use Permit. Bloom moves to remove her motion. Seconded by Franden. ALL A YE...MOTION CARRIES. B. V-I-00 - Variance to allow existinf! buildinf! to be located in the front yard setback of primary residence - Clay Haf!ewood: Clay Hagewood, is requesting City approval of a variance to allow for a second dwelling to be placed on site as a primary residence and the existing building to remain in place as an accessory structure. The site is located on the west side of Eagle Road approximately Y2 mile N. of Floating Feather Road at 1865 N. Eagle Road. Franden introduces the item. Clay Hagewood, 1865 N. Eagle Road. Mr. Hagewood is the applicant, presents \\EAGLENTl\COMMON\P&Z\MINUTES\Temporary Minutes Work Area\PZ-O2-20-01min..doc Page 3 of? his application. Mr. Hagewood states he will demolish the house if it is not approved for the historic register. Deckers asks the applicant what his intent is for the existing structure. States it will be used as an art studio. Jeff Lowe presents the staff report. Commission asks questions of staff Franden opens the public hearing James Burton 1896 N. Eagle Road, Eagle. Mr. Burton lives directly across the street form the site. Does not support keeping the existing dwelling. Leave the shed as the auxiliary building. Darrell Davis 1857 N. Eagle Road, Eagle. Mr. Davis would like to see the dwelling removed. Cindy Marie Deppy, 1325 N. Teskey Lane, Eagle. Questions the conditions for the Building Permit. City Attorney John McFadden clarifies Ms. Deppy's question regarding the issuance of the building permit. Clay Hagewood rebuttes the testimony. Commission asks questions of the applicant. Franden closes the public hearing. Deckers asks question of staff regarding the shed being an accessory structure. City Attorney reads from City Code 8-7-4-2 - Variance, to provide clarification to the Commission. Deckers moves to approve V -1-00 - Variance to allow existing building to be located in the front yard setback of primary residence - Clay Hagewood with staff recommendations and site specific conditions with the following additions. Ssc #3, this variance shall not be construed as an allowance for a second residence on this parcel, the accessory structure of historic value shall not be used as a residence when the new residence becomes occupied. Scc #4, the new residence shall be stick built and not modular Scc #5, the applicant shall submit plans to Design Review prior to occupancy permit being issued for the new dwelling unit, the existing \\EAGLENTI\COMMON\P&z\MINUTES\Temporary Minutes Work Area\PZ-O2-20-0Imin..doc Page 4 of? residence and shed. Scc #6, If the applicant cannot meet conditions set forth by Design Review both the home and shed will be removed. Seconded by Bloom. Discussion. Deckers amends his motion to change #5 to say at Design Reviews discretion based on historic values. Discussion. Commission asks Geneva Trent to provide some information on the Historic Preservation Commission and whether they would be able to help with this situation. Nordstrom makes a substitute motion to V-I-00 - Variance to allow existing building to be located in the front yard setback of primary residence - Clay Hagewood accept all site specific conditions and staff recommendations that we approve the variance under the guidelines that says if the structure is accepted as a historic landmark by some recognizable body within the timeframe of one year from its approval, that the variance be allowed and to also extend to the Design Review Board the opportunity to review the structure for any input along with the historic group that would register the building. Seconded by Deckers. Discussion. Bloom makes an amended substitute motion to send this application back to staff to clarify and research the shed. Seconded by Franden. Discussion. Bloom withdraws her motion. Second concurs. Nordstrom withdraws his motion. Second concurs. Deckers withdraws his original motion. Deckers moves to approve V -1-00 - Variance to allow existing building to be located in the front yard setback of primary residence - Clay Hagewood with site specific conditions of approval and the following additions. Add to ssc #3, the variance shall not be construed as an allowance for a second residence on this parcel, the accessory structure of historic value shall not be used as a residence when the new residence becomes occupied. Ssc #4, as per applicant testimony the new residence shall be stick built not modular as indicated on the concept plan. Ssc #5, the applicant shall submit to Design Review with input from the Eagle Historic Preservation Committee for upgrades and maintenance plans for the dwelling and for the shed in conjunction with the house for historic value. Design Review shall make their assessment based on historic value of the dwelling and Design Review shall have aesthetic and historic input from the Eagle Historic Preservation Committee. Ssc #6 if the applicant fails to meet these conditions set forward by Design Review and the eagle Historic Preservation Committee, both the house and the shed shall be removed. Add to ssc #2, make an application to the Eagle Historic Preservation Committee. Seconded by Bloom. \\EAGLENT1\COMMON\P&Z\MINUTES\Temporary Minutes Work Area\PZ-O2-20-0Imin..doc Page 5 of? Discussion. Deckers amends his motion on ssc #5, if the Eagle Historic Preservation Committee accepts the house and not the shed as an historic site then the shed shall be removed. Second concurred. Discussion. Add to ssc #2, a minimum that either the Idaho Historical Society or the Eagle Historic Preservation Committee must accept this as a listing within a period of one year from date of occupancy. ALL AYE 1 NAY (CadweU)...MOTION CARRIES. C. CU-24-00 - Ea2:le ~arlv Learninf! Center - Cþuck Tþomas: Eagle Early Learning Center, represented by Chuck Thomas, is requesting conditional use approval to provide an early childhood education center to be located in the Eagle Market Place on the north east comer of Eagle Road and Chinden Blvd. at 3210 E. Chinden Blvd. Franden introduces the item. Barbara Thomas, 2914 S. Boise, the applicant, presents the application. Ms. Thomas submits to the Commission the proposed floor plan for the learning center. Chuck Thomas 2914 S. Ladera Boise, addressees the Commission question regarding contact with the neighboring business. Mr. Thomas states that all contacts are in favor of this proposal. Ms. Thomas addresses the fire code issues. Jeff Lowe presents the staff report. Franden opens the public hearing. Ms. Thomas states they will be obtaining a child care license. Franden closes the public hearing. Deckers asks Ms. Thomas the question do you need a child care license to operate a day care. Deckers moves to approve CU-24-00 - Eagle Early Learning Center - Chuck Thomas with staff recommendation and site specific conditions of approval with the following additions. Scc #7, prior to issuance of a Certificate of Occupancy a security plan for the entry and exit shall be submitted to and inspected by city staff and the fire department. \\EAGLENTI\COMMON\P&Z\MlNUTES\Temporary Minutes Work Area\PZ-O2-20-0Imin..doc Page 6 of7 Ssc #8, Applicant shall obtain a child care license. Seconded by Cadwell. ALL AYE... MOTION CARRIES. 6. NEW BUSINESS: None 7. REPORTS: Franden asks staff to check on construction of the scenic byway, when it is to begin and report to Commission at next meeting. Also, look at notification for Idaho Powers application and clarify the wording for height exception before it goes to City Council. 8. ADJOURNMENT: Nordstrom moved to adjourn at 10:50 p.m. Seconded by Bloom. ALL A YE...MOTION CARRIES... ~ROVED: I 7 S ON K. MOORE ClTY CLERK/TREAS URER RESPECTFULLY SUBMITTED: I " A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL. \\EAGLENTl\COMMON\P&Z\MINUTES\Temporary Minutes Work Area\PZ-O2-20-01min..doc Page 7 on EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject: CU -23-00 — Public Service Facilitv/Sub-Transmissioon Line Reconstruction and Heiuht Excention Request -Idaho Power February 20, 2001 6:30 P.M. NAME DiUx;LA, W. LAM OvAM? ,Aa vpuud b11l//c5*k PLEASE PRINT LEGIBLY ADDRESS 6.0( . 757 A) / z�Le> f0„ PA., r TELEPHONE PRO? CON? XA i3 i�z3.�c� lC Page 1 of 2 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject: CU -24-00 — Eagle Early Learning Center — Chuck Thomas February 20, 2001 6:30 P.M. NAME PLEASE PRINT LEGIBLY ADDRESS TELEPHONE PRO? CON? Page 1 of 1 EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET Subject: V-1-00 — Variance to allow existing building to be located in the front yard setback of primary residence- Clay Hagewood February 20, 2001 6:30 P.M. NAME PLEASE PRINT LEGIBLY ADDRESS TELEPHONE PRO? CON? Page 1 of 2