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Minutes - 2023 - Planning & Zoning - 09/18/2023 - RegularTHE CITY OF EAGLE PLANNING AND ZONING COMMISSION September 18, 2023 Minutes 1. CALL TO ORDER: Meeting called to order at 6:01 p.m. 2. ROLL CALL: Present: WRIGHT, GUERBER, MCAULEY, MCLAUGHLIN, SMITH. Absent: A quorum is present. CONSENT AGENDA: ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS. ♦ Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Chairman, a Commissioner, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the Rules of Order. ♦ Any item on the Consent Agenda that contains written recommendations from the City of Eagle shall be adopted as part of the Planning & Zoning Commission's Consent Agenda approval motion unless specifically stated otherwise. A. Minutes of September 5, 2023. (ELL) B. Findings of Fact and Conclusion of Law for the Approval of CU-08-23 — Conditional Use Permit for a Waiver of Eagle City Code — Brain Haack: Brian Haack is requesting conditional use permit approval for a waiver of Eagle City Code Sections 8-2-4, regarding setbacks and dimensional lot standards to facilitate the construction of a 2,000-square foot accessory structure on Lot 14, Block 1 of Los Luceros Acres Subdivision. The 4.4-acre site is located at the southern terminus of East Los Luceros Drive at 565 East Los Luceros Drive. (MJW) C. Findings of Fact and Conclusions of Law for the Approval of CU-09-23 — Conditional Use Permit for a Waiver of Eagle City Code — Susan and David Lehner: Susan and David Lehner are requesting conditional use permit approval for a waiver of Eagle City Code Sections 8-3- 5(A)(1) and 8-3-3(B)(2) to facilitate the construction of an accessory structure and privacy wall within the street side yard area on Lot 11, Block 1, Canterbury Subdivision No. 2. The 1.99-acre site is located on the southeast corner of the intersection of West Champagne Drive and North Clarendon Way at 2453 West Champagne Drive. (MJW) McLaughlin moves to approve the consent agenda as presented. Seconded by Smith. McCauley and Smith excuse themselves. ALL AYE... MOTION CARRIES. 4. UNFINISHED BUSINESS: None. PUBLIC HEARINGS: ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS. A. ZOA-03-23 — Zoning Ordinance Amendment (Ordinance 907) — Building Contractors Association of Southwest Idaho: An ordinance of the City of Eagle, Ada County, Idaho, amending Eagle City Code Title 8 "Zoning Administration and Enforcement", Section 8, "Notice Requirements"; providing a severability clause; and providing an effective date. (MJW) Ken Burgess with the Building Contractors Association, 7200 McMullen Street, Boise, Idaho. Burgess provides an overview of the application. Burgess responds to questions from the Commission. City Planner, Micheal Williams provides an overview of the application, request for strike through on verbiage "as set forth in table D-L" Page 1 of 4 K\P&Z\MINUTES\Temporary Minutes Work Area\PZ-09-18-23.doc Planner Williams responds to questions from the Commission. Chairman Wright opens the public hearing. William Ziebell, 4365 West Springhouse Drive, Eagle, Idaho. Ziebell opposes the application, expresses concerns related to public hearing signage, a digital notification list and changing the distance of noticing. Ziebell responds to questions from the Commission. Christpher Hadden, 909 North Morley Green Place, Eagle, Idaho. Hadden opposes the application with concerns that this would be a step backwards and would impact the citizens' knowledge of what is being proposed, requests that there be less information on public hearing signs and be more legible from the roadway. Hadden responds to questions from the Commission. Dave Yorgason, 14254 West Battenburg Road, Boise, Idaho. Yorgason supports application due to errors with excessive noticing, cost, and time. Burgess responds to questions raised during the public hearing. City Attorney, Victor Villegas, addresses size of the post from the ground to the sign on page 4. Staff would recommend if approved to change the language to read, "the sign shall consist of four foot by four foot plywood on other hard surface mounted on two, four-by-four post." Chainnan opens further comment from public on the new information presented. Chairman Wright closes the public hearing. Discussion amongst the Commission. McLaughlin motions to approve ZOA-03-23 — Zoning Ordinance Amendment (Ordinance 907) — Building Contractors Association of Southwest Idaho with the two changes and the removal of the typo on page 2, the change on page 3, from four-by-four inches to four-by- four post and the removal of table D1. Seconded by Guerber. Planner Williams clarifies that second paragraph, second sentence, "as set forth in table D-1." Needs to be strike through. McLaughlin amends motion to approve ZOA-03-23 — Zoning Ordinance Amendment (Ordinance 907) — Building Contractors Association of Southwest Idaho with the following changes on page 2, under D, on the second paragraph, on the fifth line, "as set forth in table D-1." That we would change language to a four-by-four post. These would be the two changes that need to be made. Seconded by Guerber. ALL AYE... MOTION CARRIES. NEW BUSINESS: None. REPORTS: A. Commission: Smith is up for reassignment; he expresses that he will not be in attendance for the next meeting. Expresses gratitude towards the Commission. Smith clarifies that Feb 16", 2016, that the application was not approved. Guerber expresses that the Council might have different perspectives than the public. McLaughlin will be out October 2"d, meeting. Guerber will be out at the second meeting of October. McCauley will be in attendance for all October meetings. B. City Attorney: None. C. Staff. Gives a brief overview of the schedule for October meetings. ADJOURNMENT: Page 2 of 4 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-09-18-23.doc Wright moves to adjourn. Seconded by Guerber. ALL AYE ... MOTION CARRIES. Hearing no further business, the Commission meeting adjourned at 7:03p.m. Page 3 of 4 KAP&Z\MINUTES\Temporary Minutes Work Area\PZ-09-1 B-23.doc APPROVED: TRENT WRIGHT, CHAIRMAN AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT WWW.CITYOFEAGLE.ORG. Page 4 of 4 KAP&Z\MINUTES\Temporary Minutes Work Area\PZ-09-18-23.doc CITY OF EAGLE - PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET CU-09-23 — ZOA-03-23 — Zoning Ordinance Amendment (Ordinance 907) — Building Contractors Association of Southwest Idaho: An ordinance of the City of Eagle, Ada County, Idaho, amending Eagle City Code Title 8 "Zoning Administration and Enforcement", Section 8, "Notice Requirements"; providing a severability clause; and providing an effective date. (MJW) September 18, 2023 NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON -12o 0 77) A- y (61 CPO