Minutes - 2009 - Planning & Zoning - 07/06/2009 - Regular
THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
July 6, 2009
Minutes
1. CALL TO ORDER:
2. ROLL CALL: Present: TANNER, ROEHLING, SMITH, VILLEGAS. Absent:
AIZPIT AR TE. A quorum is present.
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 oth~~rwise.
A. Minutes of June 15,2009.
Tanner moves to approve the minutes as presented/amended. Seconded by Roehling. ALL
AYE...MOTION CARRIES.
4. PUBLIC HEARINGS:
A. RZ-05-09 - Rezone from R-4 (Residential - UP to four dwelline: units per acre) to CBD-DA
(Central Business District with a Development Ae:reement) - M and H Development: M and H
Development represented by Greg Hall, is requesting approval of a rezone from R-4 (Residential -
up to four dwelling units per acre) to CBD-DA (Central Business District with development
agreement). The 0.47-acre site is located on the east side of North Eagle Road approximately 175-
feet north of Idaho Street at 220 North Eagle Road. (The applicant is requesting this item be
continued to the August 3, 2009 meeting.)
Tanner moves to continue RZ-05-09 - Rezone from R-4 (Residential - up to four dwelling units per
acre) to CBD-DA (Central Business District with a Development Agreement) - M and H
Development to the August 3, 2009 meeting. Seconded by Roehling ALL AYE...MOTION
CARRIES.
B. A-5-09 & RZ-6-09 Annexation and Rezone From RUT (Rural- Urban Transition - Ada County
desie:nation) to A-R-DA (Ae:ricultural - Residential with a Development Ae:reement) - Ron
Sali: Ron Sali, represented by Doug Russell with The: Land Group, Inc., is requesting approval of an
annexation and rezone from RUT (Rural-Urban Transition-Ada County Designation) and A-R
(Agricultural-Residentia1- up to one unit per five acn~s) to A-R-DA (Agricultural-Residential- up to
one unit per five acres with a development agreement). The 65. 14-acre site is generally located on the
south side ofW. Mace Road approximately 1.47 miles west ofS. Eagle Road.
Tanner introduces the item.
Doug Russell, with The Land Group, 462 E. Shore Dr. Eagle, Idaho, representing Ron Sali reviews the
application. Mr. Russell reviews the gravel mining operation plan that was submitted to the Idaho
Department of Lands and the wetland land that was altered in the site plan submitted tonight. The
restrictions that are proposed on the site are reviewed including the time line, the preservation and
environmental stipulations that are in place. The applicant is requesting that the site specific condition of
approval 3.5 be altered to allow the crushing to take plac1e on the same schedule as that as Eagle Island.
Russell notes that a flood plain application has been submitted to the City of Eagle and is currently under
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KIP&Z\MINUTESITemporary Minutes Work AreaIPZ-07-06-09min.doc
review. This will be a good project for the economy and the City of Eagle as a whole.
Discussion between Mr. Russell and Commissioners. Th~: applicant is not able to give exact the duration
of the operation beyond stating that it would be no more than 10 years. Reclamation will take place as
the crushing occurs. Discussion of hours of operation and notification of neighboring property owners.
Ron Sali 919 S. Linder Road Eagle, Idaho. Mr. Sali addresses the Commission regarding the mining
industry processes and operations. Discussion regarding the mining process, gravel mound heights, what
equipment will be operating at night, the number of neighbors within 300' of the property, hauls roads
and the months and hours of operation.
General discussion.
City Planner, Mike Williams reviews the staff report. Williams discusses the development agreement.
Staff explains the reasoning behind the suggestion of site specific condition 3.5. This City is somewhat
concerned with the mention of an asphalt plant as it wasn't mentioned with previous meetings with the
applicant.
Zoning Administrator, Bill Vaughan provides clarification on the City's existing noise ordinance in an
effort to address the Commission's concerns about noise pollution.
Tanner opens the public hearing.
Jay Berman 2205 Mace Rd. Eagle, Idaho. Mr. Berman supports the project. His property borders the
project and he will be involved in it. He actually prefers the use of the crusher 12 months out of the year
because it may allow for a quicker completion of the project.
Ron Sali 919 Linder Road Eagle, Idaho. Mr. Sali supports the project and would like the crusher
operation to be allowed for 12 months out of the year to allow more flexibility with the project.
Don Newman (no address given) inquires if Ada County Highway District had been consulted on this
project. It was his understanding that Mace Road could not handle any additional traffic. He also has
concerns with the water table once digging begins.
Russell rebuts testimony. There is no intent to open an asphalt plant as part of this project its mention
was for illustrative purposes only. However, it is imperative to operate 12 months out of the year, they
are not asking for permission for 24-hour operation or 1to crush at night. Their desire is to run their
operation during normal business hours similar to what will be approved for the Eagle Island State park
gravel extraction operation that is currently being reviewed by the Idaho Department of Lands. It is
unknown for certain what those hours will be, but it is Mr. Russell's understanding that it would be 6 am
to 8 pm and his client would like those hours as well. Russell comments on the letter of credit
requirement, noise concerns and Mace Road access. Th~: gravel extraction aspect will not utilize Mace
Road; it would only be when the residential element of this project is completed that Mace Road will be
used. He didn't believe that Ada County Highway District had any problems with the effect on Mace
when the residential aspect is developed. Russell comments on the type of gravel extraction process and
how the water will be handled during that process. Discussion.
Tanner closes the public hearing.
Discussion amongst the Commission regarding months and hours of operation, ensuring that the approval
of gravel extraction is legal and that the City is not violating any city codes by utilizing a development
agreement for this project. General discussion.
City Attorney, Jill Holinka discusses the City Code s~:ction that permits the use of a development
agreement to allow for a land use that is not otherwise allowed in order to reach the "end use" of the land
which will be the development of a residential project. The City has used the development agreement
mechanism in the past to facilitate projects in this manner. Discussion.
City Planner, Baird-Spencer states that a development aglreement has been used in the past, for example
for the development of the property that is now Brookwood subdivision. The difference with this
Page 2 of 4
KIP&Z\MINUTESITemporary Minutes Work AreaIPZ-07-06-09min.doc
application is simply the size of this project. The City currently has development agreements executed
that range in length from four years to forty years.
Discussion amongst the Commission.
Tanner moves to recommend approval of A-5-09 & RZ-6-09 Annexation and Rezone From RUT
(Rural- Urban Transition - Ada County designation) lto A-R-DA (Agricultural- Residential with
a Development Agreement) - Ron Sali subject to the recommendations currently proposed by staff
for the annexation and rezone and subject to the staff recommended findings. With the following
adjustments that a 10 year specific period of time be expressly be provided for in which mining
may occur and within in which time reclamation shallll>e complete. No asphalt batch plant shall be
allowed on the property or operate. The time frame to operate shall be extended to a 12 month
period not to exceed the operating hours of 8:00 a.m. to 6:00 p.m. on any given day. That the
property owned by Stewart Berhman be added and subject to the development agreement. That
there be a height restriction of no more than 35' for stockpiling or structures on the property and
that in the event the Department of Land does not require a letter of credit that the applicant be
required to provide a letter of credit to the City in that event and/or in the event provided to IDL
fails in any way. Seconded by Smith. Discussion. Tanner amends his motion to change the
operating hours back to staff's recommendation of operating hours of 8:00 a.m. to 5:00 p.m.
Second concurs. Planner Williams asks for clarification. He would suggest that condition 3.12
"The applicant shall not exceed the time frame for the mining of material as approved by the
Idaho Department of Lands permit" and add the language "or ten years whichever is shorter" in
the case the IDL decides on a shorter period of allowed operation. He will add no batch plant will
be allowed. For item 3.5 will change the 6 months to U months of operation, and note the hours
Monday through Friday 8:00 a.m. to 5:00 p.m., he will include the Berhman's and note the height
of no more that 35'height for stockpiles. Williams suggests a condition of approval that if IDL
does require a letter of credit that the applicant provide a copy of the letter of credit the City and
in the event that IDL does not require a letter of credit the applicant shall provide to the City in the
amount of 150% whatever cost it will be to reclaim that portion of the property. Additionally
Williams suggests a condition that no retail sales shall occur from this site. Tanner amends the
motion per Mike Williams's comments. Second concurs. ALL AYE.. .MOTION CARRIES.
5. UNFINISHED BUSINESS:
A. RZ-19-06 MOD - Development Ae:reement Modification - M3 Companies. LLC.: M3
Companies, LLC, represented by Gerry Robbins, is requesting a modification to the
pre-annexation/rezone/development agreement for the M3 Eagle Development to include site specific
hillside and grading standards as required within the original development agreement. The 6,005 acre
site is generally located north of the Farmers Union Canal and Homer Road, east of State Highway
16 and west of Willow Creek Road. This is a workshop no public testimony will be taken at this
meeting.
Tanner introduces the item.
Tanner calls a five minute recess.
Discussion amongst Commissioners, City Engineer Kasey Ketterling, City Attorney Holinka and
representatives from M3 Companies, Chuck Carlise and Mark Tate regarding the proposed modifications
to the development agreement.
6. NEW BUSINESS: None
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KIP&Z\MINUTESITemporary Minutes Work AreaIPZ-07-06-09min.doc
7. REPORTS:
a. Commission:
b. City Attorney:
c. Staff:
8. ADJOURNMENT:
Tanner moves to adjourn. Seconded by Roehling. Hearing no further business, the Commission
meeting adjourned at 10:00 p.m.
RESPECTFULLY SUBMITTED:
SHARO ERGMANN
CITY CLERK/TREASURER
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APPROVED:
L~ 2~-2
GARY TANNER- ,-~- -
CHAIRMAN
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL.
Page 4 of 4
KIP&z\MINUTESITemporary Minutes Work AreaIPZ-07-06-09min.doc
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
July 6, 2009
SUBJECT: RZ-05-09 - Rezone from R-4 (Residential - un to four dwelling units ner acre)
to CBD -DA (Central Business District with a Development Agreement) - M and H
Development:
PLEASE PRINT LEGIBLY
I NAME ADDRESS PHONE PRO?
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v�` , (:ft ccs •FC 3 `iti - Y ti
vitt ii- C4la c °44 ,20 3 3 di4A-CE 9 35-6 E-5()
CON? TESTIFY?
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
July 6, 2009
SUBJECT: A-5-09 & RZ-6-09 Annexation and Rezone From RUT (Rural — Urban
Transition — Ada County designation) to A-R-DA (Agricultural — Residential with a
Development Agreement) — Ron Sali:
NAME
PLEASE PRINT LEGIBLY
ADDRESS PHONE PRO? CON? TESTIFY?
pz yl10lo9
THE LAND GROUP, INC.
E LLC MACE ROAD AND BERMAN RESIDENCE- GRAVEL MINING OPERATION PLAN
The temporary gravel operation is located on Mace Road in Eagle, Idaho. The parcels included are
identified as Ada County Parcels S0518427825, S0518427820, and S0518314810. The site is located directly
to the east of Eagle Island State Park and is bounded by the South Channel of the Boise River to the
south, Mace Road to the north, and a private gravel road along the east.
The site is located across the Boise River from two homes in the Clearvue Estates subdivision and is
about 2/3 of a mile west of the Two Rivers subdivision. Additionally, there are four homes within 500
feet of the property; one to the west, two to the north, and one to the east. The predominant land use
immediately surrounding the site to the north, east, and west is agricultural. The site is generally flat in
nature and is flood irrigated. Natural riparian vegetation occurs along the south boundary adjacent to
the Boise River. Gravel extraction has been done successfully by the applicant under Reclamation
Plans RP -1126 and RP- 2065.
The proposed gravel pit operation will be entirely confined to private property. All excavation will
occur outside of the 6500 cfs high water limits and will not impact the Boise River; the existing levee
shall be protected and remain in place. A 100 foot minimum buffer zone will be maintained between
the property boundary and all main excavation activities. The south property boundary adjacent to the
Boise River is based on the 6500 cfs high water limits.
The operation will consist of:
• Gravel excavation will be in operation for up to ten years. Excavation shall begin around
September 1, 2009 at the central pit face and proceed north and then south. Phase 1 of the
gravel operation including the pit, lot fills and access roads will consist of approximately 15
acres. The location of this pit makes it very desirable to be in operation as soon as possible to
accommodate the upcoming Highway 16 construction project. The close proximity of this pit to
the Highway 16 project will minimize trucking distances and therefore have less effect on
infrastructure and the public at Targe.
• A 100 foot minimum buffer zone will be maintained between the property boundary and all pit
excavation activity.
• All activities will be confined within the private properties noted on the application.
Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com
• The proposed reclamation plan has been developed to accommodate a permanent lake.
• Fuel storage will be located upgrade from the floodway setback in the northwest portion of the
property and shall comply with all DEQ storage guidelines..
• All topsoil within the area to be disturbed shall be stripped and stockpiled. The stockpiled soil
will be utilized for reclamation.
• All topsoil storage, overburden piles, and stockpiles will be placed along the boundary of the pit
outside of the floodway limits and away from jurisdictional wetlands.
• Erosion and sediment control from extraction activities will be provided on site utilizing small
existing ponds located on the south end as settling ponds. Best Management Practices
identified in IDL's November 1992 publication "Best Management Practices for Mining in Idaho"
shall be utilized in all road development, settling ponds, stockpiles, hazardous material handling,
soil stabilization, seeding, revegetation, runoff collection and dispersion, and sediment
collection. A Storm Water Pollution and Prevention Plan (SWPPP)shall be developed prior to
beginning mining operations and a Notice of Intent shall be filed with the U.S. Environmental
Protection Agency.
• The mining contractor through the direction of Ron Sali will utilize the "dry deck" method for
mining. This is the same method used at the 3 Rivers Ranch gravel mine. This method allows for
the controlled movement of water to the proposed de -watering well while providing a stable
and dry excavation deck. Additionally, all drainage created by the mining process will be
directed to the de -watering well. This method minimizes the amount of sediment present in the
water and settling ponds. Owner approved contractors at this time include Idaho Sand and
Gravel, Knife River, Central Paving, Mike's Sand and Gravel, and Western Construction. Others
may be owner approved at a later date.
• The heavy equipment to be used for the mining operation shall consist of the following:
o (3) 980 Caterpillar Loaders
o (2) 245 Caterpillar Excavators
o (5) Off-road haul trucks
o Standard highway approved hauling trucks will be utilized for moving gravel off the site
• Settling ponds will be developed at the south end of the project and will be modified during the
course of the project, as necessary, to meet capacity and water quality requirements. The
proposed land application area is currently planted in pasture grass and is flood irrigated.
• Dust will be controlled at all times.
Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com
Upon completion of the gravel mining operation, the remaining lake shall become the focal point of a residential
development . The development of these lots will be similar to those located in Moon Lake Ranch and 3 Rivers
Ranch. All proposed lots will have lake frontage with beaches and will be designed to accommodate estate
homes with accessory buildings. An annexation and rezone application has been submitted to the City of Eagle
for this proposed residential development. A development agreement outlining the future style of development
for these properties is included as part of the rezone application. Beaches and bank reclamation are included as
part of this agreement.
The final reclamation plan will consist of:
• The final reclamation plan will occur after the pit has been mined to the fullest extent allowed.
Interim revegetation of disturbed areas shall occur periodically during the mining operation to
minimize erosion and noxious weeds. The interim vegetation shall consist of rye grass seeding at
a rate of 6lbs per 1000 square feet. All seed shall be applied uniformly utilizing a drill seeding
process. All seed shall be placed during the months of March, April, September, and October.
• The final excavation setback along the south property line will be no closer than 100 feet from
the Boise River's ordinary high water mark (OHWM). The south property boundary has been
identified as the OHWM through research and verification by Fox Land Surveys and the Idaho
Department of Lands.
• The final excavation of slopes shall be 3:1 to a depth of 10 feet then 1.5: 1 to a final depth of 35
feet. Final slopes shall be graded while the bottom of the pit shall remain irregular.
• All disturbed areas above the high ground water level shall be reclaimed through beach
development or shall receive topsoil and be planted as illustrated in detail 1/C1.00. All beaches
will be constructed with coarse and durable sand with a maximum slope of 4:1. Sand will be a
minimum of 12" deep. The mining contractor shall be responsible for construction of the beach
areas as part of the gravel mining contract. A professional landscaper shall be responsible for
the placement and grading of topsoil as well as the reclamation planting.
• No bank reclamation will occur where jurisdictional wetlands intersect pit banks. These areas
shall remain unaltered. During excavation, precautions will be taken to avoid incidental fallback
into the wetland areas.
• Re -vegetation will consist of creeping red fescue applied at a rate of 175 lbs/acre. All seed shall
be placed during the months of March, April, September, and October. The red fescue areas
shall be interspersed with a mix of trees and shrubs which shall include 25% Maple trees, 25%
Cottonwood trees, 25% willow trees, 10% red twig dogwoods, 10% coyote willows, and 5%
ninebark. Plants will be spaced to provide an ideal growing habitat along with a reasonable and
appealing appearance.
Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design - Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com
• Noxious weeds shall be sprayed with approved chemicals for a minimum of two years after the
operation is complete.
• The estimate for the reclamation of the bank of the pit is as follows:
o 7827 LF of total lake perimeter
o 4,796 LF of 20' wide planting zone with topsoil
o 4,796' x 20'x 0.33' = 31,654 CF = 1,172 CY of topsoil
o 2,834 LF of 20' wide sand beaches
o 2834' x 20'x 2' = 113,360 CF = 4,200 CY of sand
Estimate of placement of topsoil @ $1.00 per SY
4,796' x 20'x 1= 95,920 SF = 10,658 SY x $1.00 = $10,658
Estimate of re -vegetation @ $0.50 per SY
4,796' x 20' = 95,920 SF = 10,658 SY x $.50 = $5,329
Estimate of placement of beach sand @ $1.00 per CY
2834' x 20'x 2' = 113,360 CF = 4,200 CY x $1.00 = $4,200
Estimate of interim seeding @ $.05 per SF
Approximately 825,000 sf x $.05 = $41,250
Overburden Placement @ $1.00/ cy
Approximately 16,000 cy x $1.50 = $16,000
Total Reclamation Costs: $77,437.00
The net impact of this operation should be positive from an environmental, economic and social point
of view:
• The operation will provide a source of high quality sand and gravel which shall support local
construction activities for Ada and Gem counties.
• The site is centrally located in close proximity to Eagle, Star, Meridian, and Boise.
• The designated in —state agent, Ron Sall, has considerable prior experience in gravel extraction
operations and understands how to minimize impacts to surrounding areas.
• There is safe access to and from the property. Haul roads will be shared with the Idaho Department of
Parks and Recreation minimizing impacts on Mace Road and utilizing to the fullest extent the shared
facilities. This will minimize truck access points onto the ACHD road system.
• The isolated location provides minimum conflict with children, pedestrians, bicyclists, and vehicles.
• The project will result in an attractive water amenity that will be utilized within a future residential
community.
• The proposed lake will isolate the river environment from the impacts of existing agricultural activities.
This separation will be an advantage for wildlife near the river.
Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com
• The proposed lake will provide additional conveyance which in turn will reduce flooding in the general
area.
We appreciate your attention on this application. Should you have any questions or need any further
information, please do not hesitate to contact me.
Doug Russell, ASLA
The Land Group, Inc.
462 E Shore Drive
Eagle, Idaho 83161
Phone: (208) 939-4041
Email: doug@thelandgroupinc.com
1
Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com
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PLAN VIEW
3ENERALNOTES:
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4 1001-1.0 FOOT MMAJY. BUT NOT ass THAN TUE itAy 40'11 AT 90/1TS *ERE INZFE55 OR
EGRESS COORS
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NOT BE RE017RED ON A 9441E FU1.17 12,5,0,111E 101.
6 SURFACE WATER-AII SURFACE RATER FLOW1IG 0R 0,336130 TOWARD CONSTRUCION ENTRANCES
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SLOPES Nll BE PER41T100.
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Stabilized Construction Entrance (BMP 5A)
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