Minutes - 2006 - Planning & Zoning - 09/18/2006 - Regular
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
660 E. Civic Lane
September 18, 2006
6:30 P.M.
I. CALL TO ORDER: Meeting called to order at 6:35 p.m.
2. ROLL CALL: Present: PIERCE, ASPITARTE, ZASTROW. Absent: LIEN, JACOBS
3. CONSENT AGENDA:
. 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 S, 2006.
Zastrow moves to approve the Consent Agenda as presented. Seconded by Aspitarte. ALL
AYES...MOTION CARRIES.
Pierce amends the agenda to hear item 6D.
D. CPA-4-06 - ComDrehensive Plan Amendment from Professional Office and Transitional
Residential to Commercial- Lazv P Limited PartnershiD: Lazy P Limited Partnership,
represented by Shawn Nickel ofSLN Planning, is requesting a Comprehensive Plan Amendment
to change the land use designation on the Comprehensive Plan Land Use Map from Professional
Office and Transitional Residential to Commercial. The 40-acre site is located at the northeast
corner of Chinden Boulevard (Hwy 20/26) and Linder Road at 1240 W. Chinden Boulevard.
Aspitarte moves to table CPA-4-06 - Comprehensive Plan Amendment from Professional
Office and Transitional Residential to Commercial - Lazy P Limited Partnership - Powell
Farms to October 2nd, 2006. Seconded by Zastrow. ALL AYES...MOTION CARRIES.
5. UNFINISHED BUSINESS:
A. Recommendation to City Council for the 2007-2011 Transportation Improvement
Aspitarte moves to hear the Recommendation to City Council for the 2007-2011
Transportation Improvement at the end of the meeting under New Business. Seconded by
Zastrow. ALL AYES...MOTION CARRIES.
6. PUBLIC HEARINGS:
A. PP/FP-03-06 - Merrill Subdivision #6 - Dave Evans Construction: Dave Evans
Construction, represented by Travis Burrows, is requesting a combined preliminary plat and
final plat approval for Merrill Subdivision #6, a 2-lot commercial subdivision. The 0.45-acre
development is located on the south side of East Iron Eagle Drive approximately nO-feet east
of South Fitness Place within Merrill Subdivision No.5 (Lot 8, Block 1), formerly known as
Rocky Mountain Business Park No.3.
Pierce introduces the item.
Andrew Sorkin, with Toothman Orton Engineering, reviews the application.
Bill Verschuren, City Planner, reviews the staff report.
Page lof6
K.\P&ZlMINUTES\2006\PZ-09-18-06min Dor
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
660 E. Civic Lane
September 18, 2006
6:30 P.M.
Pierce opens the public hearing.
No one from the public chooses to speak.
Pierce doses the public hearing.
Discussion amongst the Commission.
Zastrow moves to approve PP/FP-03-06 - Merrill Subdivision #6. Seconded by Zastrow.
ALL AYES...MOTION CARRIES.
B. A-ll-061RZ-13-06 & PP-13-06 - Annexation and Rezone from RUT to MU-DA and
Preliminarv Plat for Anl!ler's Hamlet Subdivision - Rovlance Investments. LLC. And
RT Nahas ComDanv: Roylance Investments, LLC. and RT Nahas Company are requesting
annexation of 10 acres and a rezone with a development agreement from RUT (Rural Urban
Transition) to MU-DA (Mixed Use with a Development Agreement) and preliminary plat
approval for Angler's Hamlet Subdivision. The 42 lot subdivision (37 residential, 5 common)
consisting of ] 0 acres is located approximately 400' southwest of the intersection of N. Park
Lane and State Highway 44, on the south side ofW. Old Valley Road at 4171 W. Old Valley
Road. This item will be continued to the October 2, 2006 meeting in order to meet statutory
notification requirements.
Aspitarte moves to continue A-ll-061RZ-13-06 & PP-13-06 - Annexation and Rezone from
RUT to MU-DA and Preliminary Plat for Angler's Hamlet Subdivision - Roylance
Investments, LLC., and RT Nahas Company to the October 2nd, 2006 meeting. Seconded by
Zastrow. ALL AYES...MOTION CARRIES.
C. A-12-061RZ-14-06 & PP-15-06 & CU-OS-06 - Annexation and Rezone from RUT to MU-
DA. Preliminarv Plat for the Lofts at Eal!le River and Conditional Use for a Heil!ht
ExceDtion - Sea 2 Sea. LLC.: Sea 2 Sea, LLC, represented by Mark Butler with Land
Consultants, Inc., is requesting approval of an annexation and a rezone from RUT (Rural
Urban Transition) to MU-DA (Mixed Use with a Development Agreement), preliminary plat
approval for the Lofts at Eagle River, an 8 lot (7-residential, I-common), 214-unit multi-
family condominium/townhouse housing development and conditional use permit approval for
a height exception of 49-feet, 2 Y..-inches for the condominiums and 36-feet, 7-inches for the
townhouses. The 25.37 -acre site is located on East Riverside Drive approximately 1500 feet
west of Edgewood Lane at 827 East Riverside Drive. This item was continuedfrom the
September 5, 2006 meeting.
Pierce introduces the item.
Mark Butler, with Land Consultants, reviews the application.
Jim Murray, with CSHQA, discusses the building height.
Mike Williams, City Planner, reviews the staff report.
Pierce opens the public hearing.
Lynne Sedlaceck, 1200 Herford Drive. Asks the Commission to deny the height exception.
Discusses the tree lines along the Boise River.
Mark Butler rebuts testimony and stands for questions from the Commission.
Page 2 of6
K \P&Z\MINUTES\2006\PZ-09-18-06minDOC'
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
660 E. Civic Lane
September 18, 2006
6:30 P.M.
Creston Thorton, 757 W. Bankside Drive. Discusses the reasoning to develop the project in the
City of Eagle rather than in the County.
Mike Williams stands for questions from the Commission.
Creston Thorton feels that they have developed a relationship with the City of Eagle. Would like
to develop this project in the City and keep the relationship going.
Pierce closes the public hearing.
Discussion amongst the Commission.
Aspitarte moves to recommend approval A-12-06/RZ-14-06 - Annexation and Rezone from
RUT to MU-DA for the Lofts at Eagle River with these conditions: On 3.10, Provide a
revised concept plan showing sidewalks to be located on both sides of the driveways on the
south road in phase 2, phase 4, phase 7 going north on the west side to phase 6 to be placed
in the Development Agreement. Seconded by Zastrow. Under 3.12, change structures in
between buildings from 30 feet to 20 feet for the clubhouse in phase 7. Seconded by
Zastrow. ALL AYES...MOTION CARRIES.
Discussion amongst the Commission regarding the Height Exception.
Zastrow moves to deny CU-05-06 - Conditional Use for a Height Exception - Sea 2 Sea,
LLC. Seconded by Aspitarte. ALL AYES...MOTION CARRIES.
Aspitarte moves to recommend for approval PP-lS-06 - Preliminary Plat for the Lofts at
Eagle River - Sea 2 Sea, LLC., under Site Specific Condition of Approval #6 on page 33,
because of the unique nature of this development the applicant shall work with the City
Forester regarding the removal and replacement of existing trees the replacement size as
required per Eagle City Code or provide compensation to the City Tree Fund at a valuation
rate to be determined by the City Forester and approved by City Council prior to the City
Clerk signing the final plat. Seconded by Zastrow. ALL AYES...MOTION CARRIES.
A short recess is called.
The meeting is called back to order at 9:20 p.m.
D. CPA-4-06 - Comorehensive Plan Amendment from Professional Office and Transitional
Residential to Commercial- Lazv P Limited Partnershio: Lazy P Limited Partnership,
represented by Shawn Nickel of SLN Planning, is requesting a Comprehensive Plan
Amendment to change the land use designation on the Comprehensive Plan Land Use Map
from Professional Office and Transitional Residential to Commercial. The 40-acre site is
located at the northeast corner of Chin den Boulevard (Hwy 20/26) and Linder Road at 1240
W. Chinden Boulevard.
See above motion.
E. CP A-06-06 - Comorehensive Plan Amendment to chanl!:e the Villal!:e Center svmbol for
+/- 640 located in the Villae:e Planninl!: Area - The City of Eal!:le: The City of Eagle is
requesting a Comprehensive Plan Amendment to change the symbol for the Village Center
land use designation on the Comprehensive Plan Land Use Map for the Village Center area.
The +/- 640-acres site is approximately I-mile wide located approximately 1 mile east of State
Highway 16 along Beacon Light Road.
Page 3 of6
K.\P&Z\MINUTES\2006\PZ-09-18-06min. DOC
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
660 E. Civic Lane
September 18, 2006
6:30 P.M.
Pierce introduces the item.
Nichoel Baird Spencer, City Planner, gives an overview of the application. The motion for this
item will be made at the same time as the rest of the Comprehensive Plan Amendment
Applications. Stands for questions from the Commission.
Pierce opens the public hearing.
Mary Taylor, 3410 Hartley, Eagle. This is not just the City of Eagle's area of impact; it is also
Star's AOI as well. Believes the City should meet with City of Star before making a
recommendation to the City Council.
Nichoel Baird Spencer rebuts testimony and stands for questions from the Commission.
Pierce closes the public hearing.
Susan Buxton, City Attorney, discusses the two cities Areas of Impact.
Aspitarte moves to table CP A-06-06 until October at a future time when we will re-notice
and take action on the application. Seconded by Zastrow. ALL A YES...MOTION
CARRIES.
F. CPA-7-06 - Comprehensive Plan Text Amendment to Establish the Chinden Terrace
Plan nine: Area and Map Amendment from Residential One to Mixed Use - The City of
Eae:le: The City of Eagle is requesting a Comprehensive Plan Amendment to establish the
Chinden Terrace Planning Area and a Land Use Map Amendment to change the land use
designation on the Comprehensive Plan Land Use Map from Residential One to Mixed Use.
The +/-57-acre site is located at the northeast corner of Chin den Boulevard (Hwy 20/26) and
Eagle Road (Highway 55).
Pierce introduces the item.
Nichoel Baird Spencer, City Planner, gives an overview of the application.
Pierce opens the public hearing.
Jim Riley, 110 Stone Road, Eagle. Owns 3 acres in this area. Discusses the two roads that are
proposed. Has concerns regarding his private access.
Nichoel Baird Spencer rebuts testimony and stands for questions from the Commission.
Pierce closes the public hearing.
Zastrow moves to table CPA-7-06 until future notification. Seconded by Aspitarte. ALL
A YES...MOTION CARRIES.
G. CP A-08-06 - Comprehensive Plan Amendment to desil!nate +1- 2.000 acres of BLM land
as Public/Semi-public - The City of Eal!le: The City of Eagle is requesting a
Comprehensive Plan Amendment to establish a land use designation on the Comprehensive
Plan Land Use Map of Public/Semi-Public for the BLM property. The +/- 2,000-acre site is
located approximately 1J. mile east of State Highway 16 and directly north of the Farmers
Union Canal.
Pierce introduces the item.
Nichoel Baird Spencer, City Planner, gives an overview of the application.
Page 4 of6
K \P&ZlMINUTE$\2006\PZ-09-18-06min.DOC'
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
660 E. Civic Lane
September 18, 2006
6:30 P.M.
Susan Buxton, City Attorney, discusses the Recreation and Public Services Act. This application
is strictly for recreation. Stands for questions from the Commission.
Pierce opens the public hearing.
Phil Fry, 4122 Homer Road, Eagle. Property is next to the proposed area. Hands out a letter to
the Commission and is entered into the record. Feels that the City is hurrying into this. Is opposed
to the tax payers having to pay for this project. Discusses aquifers.
Mary Taylor, 3410 Hartley, Eagle. Would like a specific definition to what is meant by semi-
public. Mentions that this area is both in the Star and Eagle area of impact.
Nichoel Baird Spencer gives the description for public/semi-public land use descriptions.
Lida Fry, 4122 Homer Road, Eagle. Does feel that an equestrian park is a good idea but water use
is a major problem in that area.
John Thornton, 5264 N. Sky. Supports the intent of this application but feels there are other
issues, diversity of lands, etc. Reads and submits a letter for the record.
Jan, Beacon Light Road, Eagle. Curious if there will be 4-wheeler trails and if there would be any
fees for the use of the trails.
John Witty, Eagle. Has a home on the boundary of the property and wanted to know about the
accesses and uses of the area.
Glyda Bothwell, 4845 N. Kurwell, Eagle. Believes that vehicles should not be allowed. Is in
favor of the multiple use, without the motorized vehicles. Does not feel that this area should be
annexed.
Bret Garrigan, Artesian Road, Eagle. Works with NAFDA. Feels that more input should be
gotten from the surrounding home owners.
Susan Buxton discusses the payment plan options. Stands for questions from the Commission.
Pierce closes the public hearing.
Aspitarte moves to table CP A-08-06 - Comprehensive Plan Amendment to designate +/-
2,000 acres of BLM land as Public/Semi-public - The City of Eagle. Seconded by Zastrow.
ALL AYES...MOTION CARRIES.
7. NEW BUSINESS:
Item 5A: Recommendation to City Council for the 2007-2011 Transportation Improvement
Aspitarte moves to approve the 2007 TIP Seconded by Zastrow. ALL AYES.. .MOTION
CARRIES
8. REPORTS:
A. Commission:
B. City Attorney:
C. Staff: M3 hearing Wednesday, September 27,2006.
9. ADJOURNMENT:
Aspitarte moves to adjourn. Seconded by Zastrow. ALL AYES...MOTION CARRIES.
Page 5 of6
K.\P&Z\MINUTES\2006\PZ-09-18-06mlll DOC
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION MINUTES
660 E. Civic Lane
September 18,2006
6:30 P.M.
Hearing no further business, the Planning & Zoning Commission meeting adjourned at 9:43 p.m.
RESPECTFULLY SUBMITTED:
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.....SHARON K. BERGMANN
CITY CLERK/TREASURER
APPROVED:
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AS N W. PIERCE
AIRMAN
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL.
Page 6 of6
K\P&Z\MINUTES\2006\PZ-09-1 B-06minDor
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
CPA-06-06 — Comprehensive Plan Amendment to change the Village Center symbol for +/- 640 located in
the Village Planning Area — The City of Eagle
September 18, 2006
6:30 p.m.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
PHONE
PRO?
CON?
TESTIFY?
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
CPA-7-06 — Comprehensive Plan Text Amendment to Establish the Chinden Terrace Planning Area and
Map Amendment from Residential One to Mixed Use — The City of Eae1e
September 18, 2006
6:30 p.m.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
PHONE
PRO?
CON?
TESTIFY?
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
CPA-08-06 — Comprehensive Plan Amendment to designate +/- 2,000 acres of BLM land as Public/Semi-public —
The City of Eagle
September 18, 2006
6:30 p.m.
PLEASE PRINT LEGIBLY
NAME
/1441-Y I
rThAofinult_
ADDRESS
441-2)- )-i-c3--,z4=2:r0/
3gio iAonc6\
PHONE
PRO?
•
CON?
TESTIFY?
Comments Provided by John Thornton
September 18, 2006
5264 N. Sky High Lane
Eagle, ID 83616
Regarding the Transfer/Sale of public lands administered by the BLM to the City of Eagle,
I am against the sale or exchange of the BLM lands to the. City of Eagle, but I do support the
interest of the City of Eagle in managing these lands as long-term open spaces for the
recreational uses for the citizens of Eagle, Ada County residents and for that matter, all
publics.
The following are concerns that I have with the transfer/sale of public BLM lands to the City of
Eagle. These concerns are not in any order of priority.
1. At stake in this public land ownership issue is the protection and management of assets that
belong to all citizens and future generations. These public lands managed by the BLM are
diverse and offer many uses. Consistent with FLPMA, these lands are managed for multiple
use: recreation, grazing, watershed protection, fish and wildlife conservation, air and water
quality and soil conservation. The public lands contain invaluable scenic, historic, and cultural
sites as well. Potential archaeological, historic, and paleontological properties on these public
BLM lands form a portion of the most important body of cultural resources in the United States.
The use and development of the public lands has been influenced by the complex relationship
between the federal government and states. Past experience suggests that the public lands
are managed most effectively through federal cooperation with states and local communities.
This is occurring today, with increasing numbers of collaborative partnerships and shared
stewardship among the federal, state, and local governments, Tribes, and a host of private
organizations.
2. Instead of the sale or exchange of BLM land, enter into a MOU with the BLM and State of
Idaho (similar to that of the Ridge To Rivers — Foothills Plan) for the development of an
equestrian park. This reduces many expenses and secures the use of the land in the long-
term. The City of Eagle should develop or join in the existing Ridge To Rivers plan and not
buy public lands but work with the public land agencies (including State lands) and use the
money to purchase key private lands to fully develop the equestrian park area.
The Ridge to Rivers partners are BLM, Ada County, Boise National Forest, City of Boise. The
funds go to the City, they implement the work plan using BLM and City equipment. Ridge to
Rivers program is still moving forward, 3,000 acres have been acquired to date, 1,000
acquired and donated, 1,900 acres facilitated. New trails and recreational opportunities are
being planned for those areas. They are looking for SWIMBA volunteers. They want
recommendations from SWIMBA. Ridge to Rivers wants input from mountain bikers,
equestrians, hikers and walkers to serve in a group to provide comments.
3. This land is currently being used for many uses including equestrian and has many
equestrian, mountain bike, jogging/walking trails. There is also, two public access points (that I
am aware of) to these lands 1) north end of Hartley Lane and 2) an Ada County deeded public
1
ROW thru the Highlander Subdivision off of Hondo Lane. Therefore, why pay money for the
sale/transfer of the land when the public can use these areas currently and the trails already
exist.
4. I am concerned with the potential increase in taxes to develop the equestrian park and other
costs associated with the sale/transfer e.g. public meetings, NEPA costs, actual cost for the
sale/transfer of the BLM lands.
5. This allows/facilitates the potential for annexation of the M3 development to the City of
Eagle. This direct or indirect effect will need to be evaluated in the BLM NEPA planning
process.
6. I am concerned with the loss/restrictions that will come with the sale/exchange such as:
hours of operations; increased taxes and or user fees; loss training area for hunting dogs; loss
of hunting rights etc.
7. Public Lands are just that, "PUBLIC" not semi-public. Once public lands are sold they are
gone forever. Keep Public Lands in Public Hands.
2
Comments on Eagle P&Z CPA-08-06
An Eagle Comp. Plan Amendment on the Equestrian Park
from Philip Fry, EMAIL idphil@earthlink.net, phone 939-9267
Issue 1 Automobile access is poor and additional roads are very expensive for Eagle to afford. Also the
M3 road proposals are through my property which we oppose. When and how will these issues be faced?
Issue 2. Horse, bike, and hiking access to trails in Little Gulch are desired by many in N. Eagle.
When and how will these issues be faced?
Issue 3. While trails are desired by all and are relatively inexpensive, I oppose developing and
maintaining equestrian arenas at Eagle taxpayer expense. Only covered arenas are usable year around
and these are very expensive to build, expensive to support, prone to expensive liabilities, and difficult to
hire and keep cost effective and motivated workers. Available arenas in the area are attached to stables
which share the cost but still user fees are typically $100 and more for 2 hrs. We have the nearby Idaho
Center which is very expensive. My questionnaire report of 6 Aug. found that of the total 28 responding
Eagle area horse owners, 21 responded on arenas with 9 avidly opposed, 8 wanting arenas provided by
Eagle and 6 wanting arenas provided by a nearby commercial facility-- not a mandate by the taxpayers. Of
all 47 valley wide responders, 24 would be glad for Eagle to subsidize an arena, and 21 of 25 wanted free,
$20, or $50 fees for 2 hour use, an impossible rate. Wages for a full time manager and hourly assistant
could cost Eagle over $300/day alone, without any help, equipment or upkeep.
Issue 4. Aquifer water will be a crisis. The planned developments in the N. Foothills will use
aquifers that are somewhat isolated from the valley by several faults according to IDWR reports and
SunCor water studies. This means the valley's 91 % aquifer recharge from river, canals and irrigation is not
effective and the N. Foothills aquifers must depend on precipitation and any benevolent underflow. For a
well protest at IDWR I calculated a rough water budget for these aquifers by proportionate scaling by area
and land types using the Boise Valley Water Budget calculations by IDWR reports. This gives a 5,900 to
6,500 acre feet / year recharge. Anything over will deplete the aquifer and areas with poor flow will still
have problems.
SunCor has applied for wells for only their 5,800 acres allowing 7,000 acre feet/year and IDWR has
approved their well in Boise Co. allowing another 7,000 acre feet/year. The M3-Eagle development plan
now before the Eagle P&Z identifies a water design capacity needing 20,300 acre feet /year for only their
6,000 acres. So on half the N. Foothills we are now allocating 34,400 acre feet /year of water, almost 6
times a 5,900 to 6,500 recharge. This is called water mining and will limit growth in the area and impact
Little Gulch water usage. These two plans develop 11,800 acres. If all 38,500 acres of the N. Foothills are
developed at the same well design capacity then over 100,000 acre feet/year of water will be needed,
about 16 times the rough recharge rate. We need IDWR to develop better water budgets before we allow
all this. But will these developments use this much water? No, of course not, but the point is they have a
prior right to this much water on only that property, not the Equestrian Park. The real question is who has a
right to build and enjoy the foothills.
The only solution is to recognize that the N. Foothills as a special case of aquifer impact in the valley and
begin water conservation on all development so that all future users can share . A good example is
provided by Arizona which passed 1980 Groundwater Management Code after recognizing their water
mining was out of hand. Their current 2000 plan provides education and reasonable goals for household
water usage with incentives and penalties which are easily implemented in new construction and can be
back fit if needed at much expense. The choice is to act now with a cooperative effort by all government
agencies or pay a huge cost for delay as Arizona is now. If we implement the Arizona goals for
developments then my rough aquifer recharge rate can support 16,000 homes. That is a worthy goal.
Thank You.
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
A-12-06/RZ-14-06 & PP-15-06 & CU-05-06 - Annexation and Rezone from RUT to MU-DA, Preliminary
Plat for the Lofts at Eagle River and Conditional Use for a Height Exception - Sea 2 Sea, LLC
September 18, 2006
6:30 p.m.
PLEASE PRINT LEGIBLY
NAME
4-xit&t:\ella_e_e7),Aco
ADDRESS
PHONE
&9-4119
PRO?
CON?
TESTIFY?
yes