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Minutes - 2002 - Planning & Zoning - 11/13/2002 - Special v'" EAGLE PLANNING AND ZONING COMMISSION SPECIAL MEETING November 13, 2002 6:30 PM 0 . 'R161NAl The Planning and Zoning Commission met in special session on November 13, 2002 Chairman Franden presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present FRANDEN, BLOOM, NORDSTROM, Absent CADWELL, CROOK. A quorum is present. 3. CONSENT AGENDA: A. Minutes of November 4, 2002 B. Findines of Fact and Conclusions of Law for CU-I0-02/PPUD-3-02/PP-6-02- Alderwood ViIlae:e Planned Unit Development: JLJ Enterprises, Inc., represented by Jane B. Suggs, is requesting conditional use, preliminary planned unit development, and preliminary plat approvals for Alderwood Village Subdivision, a planned residential development. The 7.6-acre, 37-lot (31- residential, 6-common) subdivision is located on the south side of West State Street approximately 1/2 mile west of Eagle Road, at 825 West State Street. Bloom makes two changes to the site specific conditions for Alderwood Village Nordstrom moves to approve the Consent Agenda of November 4, 2002, as amended. Seconded by Bloom. ALL A YE...MOTION CARRIES. 4. OLD BUSINESS: None 5. PUBLIC HEARINGS: CU-9-02 - Sub- Transmission Line - Idaho Power: Idaho Power, represented by Layne Dodson, is requesting conditional use approval to construct a 138kV sub- transmission line, and a height exception request to construct the poles ranging in height from approximately 70 to 85-feet, (35 to 50-feet higher then the required maximum of 35-feet). Franden introduces the item. Franden opens the public hearing. Layne Dodson, 10790 Franklin Road Boise, Idaho, representing Idaho Power presents the application. Mr. Dodson uses overheads to simulate what the proposed poles will look like along the north or south side of State Highway from Edgewood Lane to Eagle Road. Jeff Lowe, City Staff presents the staff report. Nordstrom asks Staff if this application was properly noticed. Susan Thomas, 249 Riverview, Eagle. Ms. Thomas owns the second parcel west of Dry Creek and has resided in this location for over 20 years. Ms. Thomas would look directly at the Page 1 of 3 K:\P&Z\MINUTESITemporary Mulutes Work Area\PZ-11-13-02spmg.doc power lines from her property and is opposed to the route. Bill Clark, 479 Main Street, Boise. Mr. Clark is representing The Eagle River Development. Mr. Clark gives a brief history on the development of this project and reads from the Development Agreement that is in place for Eagle River. Mr. Clark states that the Eagle River Development would not have occurred at this sight if they would have been aware of the power route. This will negatively effect the entire project. Clark states they would prefer the route running along the north side of State Street but it would still have a severe effect on the project. Mr. Clark would not be able to answer Frandens question on contributing to locating the route underground without knowing all the variables. Ed Miller, an attorney with Givens, Pursley, is representing Clark Development and the Eagle River Development. Mr. Miller reads from a letter dated November 13, 2002. Mr. Miller states that they were never notified of any hearings held by Idaho Power. Mr. Miller states that the power line does not meet the goals of the Development Agreement written for the Eagle River Development. They would hope the Commission would deny this application. Marcus Phipps, 500 S. Fitness Place, Eagle. Is concerned about the potential health risks of the power lines. Mr. Phipps states that he also was not aware of any hearings put on by Idaho Power. Ray Mathie, 701 W. Common Court, Eagle. Mr. Mathie owns property that borders the bypass, and is opposed to this from an aesthetic standpoint and believes it would be detrimental to the overall looks of the City. Would rather see it underground or along another route. Mike Vomey, 1505 Riverside Drive, Eagle. Concurs with the other remarks made tonight this would not fit with the harmony of Eagle. The power line would lower property values. Steven Ricks, 1650 Crestmont Drive, Meridian, representing Eagle Gravel along the north side of the bypass. They do not have an executed development agreement like Eagle River but the power line would affect their property just as well. This would detract from the aesthetic looks of Eagle. Mr. Ricks is aware of the enormous costs of installing this power line underground. If this was done the cost associated with this line should be shared with other development not just those along the direct route. Bill Whelan, 3941 N Faukland Ridge, Eagle. Would like to know what the extra costs will be to install this line underground? Bill Clark stands to answer Blooms question on being noticed of this meeting tonight. Allison Woods, 135 N. Sierra View, Eagle. Ms. Woods owns a lot in Redwood Creek and was not noticed of the meeting tonight but did receive notice of the first meeting. Jeff Kline, 561 N. Colony Way, Eagle. Mr. Kline states that the costs should be shared by everyone, not just those affected by the line. Layne Dodson, stands for rebuttal. Mr. Dodson states that they sent out over 5000 notices to residences in Eagle and all the Eagle post office boxes. Mr. Dodson addresses the questions regarding the costs of locating these lines underground. Nordstrom asks Mr. Dodson what would happen if we did not want a power line at all? Mr. Dodson states that this decision would have to go to the Underground Utility Commission. Franden asks City Attorney, John McFadden what the options would be for the Commission as far as making a decision on this issue at this time. Discussion between Mr. Dodson and the Commissioners. Page 2 of 3 K:\P&Z\MINUTESITol11porary Minutes Work Area\PZ-II-13-02spl11g.doc McFadden addresses the issue of obtaining more information on the costs of locating the route underground versus above ground. Discussion amongst the Commission. Nordstrom moves to continue CU-9-02 - Sub- Transmission Line - Idaho Power until a date not certain for the following reasons not explored tonight. There are not enough alternatives with a satisfactory conclusion to provide extra power that Idaho Power has deemed necessary for the future servicing of the Eagle area. Based on the public input received so far, it is overwhelming that no one single person stood up tonight and spoke for putting large overhead power lines down State Highway 44, or any other place that affects the general aesthetics that we view in the City of Eagle. We need to come up with better alternatives and explore underground lines or placing them along the north side of the City. Need to ask the City Council for some funding to find specialized individuals (a Consultant) to find other alternatives to compare with what Idaho Power presents to come up with some type of reasonable process that can quantify what we are up against to help solve this problem. Also, we want to make this public so we get more input from the City of Eagle and the people in it, to decide the future because there will be extra uncertain expenses. Seconded by Bloom. Bloom calls for the question. ALL A YE...MOTION CARRIES. Public Hearing is still open. 6. NEW BUSINESS: None 7. REPORTS: None 8. ADJOURNMENT: Bloom moved to adjourn at 8:35p.m. Seconded by Nordstrom. ALL A YE...MOTION CARRIES... RESPECTFULLY SUBMITTED: SHAR . N K. MOORE CITY CLERKffREASURER A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL. Page 3 of 3 K:\P&ZIMINUTESITempurory Minutes Work Area\PZ-11-13-02spmg.doc