Minutes - 2009 - Planning & Zoning - 09/14/2009 - Regular
THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
September 14, 2009
Minutes
ORIGINAL
1. CALL TO ORDER: Meeting called to order at 6:00p.m.
2. ROLL CALL: Present: TANNER, AIZPITARTE, SMITH, VILLEGAS. Absent:
ROEHLING.
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 Aue:ust 3, 2009
B. Findine:s of Fact and Conclusions of Law for A-07-09/RZ-09-09 & PP/FP-OI-09-
Annexation And Rezone From Rut To A-R-DA and Combined Preliminary and Final
Plat For Sulik Subdivision - Paul and Susan Sulik: Paul and Susan Sulik are requesting
annexation and rezone with development agreement from RUT (Rural-Urban Transition) to
A-R-DA (Agricultural-Residential- up to one (1) unit per five (5) acres with a development
agreement) and combined preliminary plat and final plat approval for Sulik Subdivision, a
two (2) lot residential subdivision. The 10.01 - acre site is generally located on the north side
ofW. Beacon Light Road approximately 1,280 feet east of Hartley Road at 6344 W. Beacon
Light Road. (MJW)
Tanner moves to approve the consent agenda as presented. Seconded by Aizpitarte. ALL
AYE....MOTION CARRIES.
4. UNFINISHED BUSINESS: None
5. 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 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 application also includes the
properties located at 16 and 144 East Idaho Street, a .3 I-acre parcel and a .14-acre property
respectively, located on the northeast comer the intersection of North Eagle Road and East Idaho
Street, as a part of the development agreement. This item was continuedfrom the August 3,2009
meeting. (JL)
The applicant is requesting this item be continued to the October 5, 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 October 5, 2009 meeting. Seconded by Smith. ALL AYE...MOTION
CARRIES.
B. A-08-09/RZ-09-09 - Annexation and Rezone From RUT (Rural - Urban Transition - Ada
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County desie:nation) to A-R-DA (Ae:ricultural - Residential with a Development Ae:reement) M3
Eae:le, LLC: M3 Eagle, LLC, represented by Gerald Robbins, is requesting an annexation and rezone
from RUT (Rural-Urban Transition-Ada County Designation) to A-R-DA (Agricultural-Residential one
unit per five acres with a development agreement). The 103.9-acre site consisting of four (4) parcels is
generally located on the west side ofN. Hartley Road approximately 3,050 feet north ofW. Beacon Light
Road at 4151 N. Hartley Road. (MJW)
Tanner introduces the item.
Smith makes note that Hartley Road and Hartley Lane seem to be used interchangeably throughout the
staff report and would like to verify the name identified is correct for the sake of accuracy. City Planner,
Mike Williams states that staff will confirm the correct name and ensure that it is in the findings of fact
and conclusions of law that will be presented to the Commission for approval after action on this item.
Mark Tate 533 E. Riverside Dr Eagle, Idaho, representing M3 Eagle, LLC. This request is to annex and
rezone the Hanson property. The zoning requested is comparable to the current Ada County zoning. Mr.
Tate states that he will remain available to answer any questions that may arise.
City Planner, Mike Williams reviews the staff report.
Tanner opens the public hearing.
Mike Baldner, 755 W. Front St. Boise, Idaho. Mr. Baldner' firm represents the owners of the property.
The owners have given M3 consent to bring the application in, for the record their consent is contingent
upon them closing on this transaction prior to the annexation becoming final and complete. They are
generally in support of this application and the property retained after the sale will also be annexed and
rezoned. They are agreeable to all of the conditions of approval, and want to go on the record that in the
event that their transaction is not completed that no final action to annex the property happens.
Joan Langdon 4690 Hartley Eagle, Idaho. Ms. Langdon owns property near the property. She provides
input as to the name of Hartley Lane and Hartley Road. Ms. Langdon hope that there would be access to
the new regional park so there are no traffic hazards caused by the use of Hartley to access the proposed
park.
Tanner closes the public hearing.
Discussion amongst the Commission.
Aizpitarte moves to recommend for approval A-08-09/RZ-09-09 - Annexation and Rezone From
RUT (Rural- Urban Transition - Ada County designation) to A-R-DA (Agricultural- Residential
with a Development Agreement) M3 Eagle, LLC. Seconded by Villegas. ALL AYE.. .MOTION
CARRIES.
C: A-09-09/RZ-IO-09 - Annexation and Rezone from RP and RR (Rural Preservation and Rural
Residential - Ada County Desie:nations to PS (Public/Semipublic) - City of Eae:le: The Bureau of
Land Management (BLM) has consented to allow the City of Eagle to annex property associated with the
proposed Eagle Regional Park. The City of Eagle is requesting approval of an annexation and rezone
from RP and RR (Rural Preservation and Rural Residential - Ada County Designation) to PS
(Public/Semipublic). The I,644.54-acre site is generally located in the foothills north of Homer Road
approximately 2,560-feet east of State Highway 16 and 4,500-feet west of Willow Creek Road. (MJW)
Tanner introduces the item.
City Planner, Mike Williams reviews the application. Discussion between Williams and Commission
regarding access, fire protection and
Tanner opens the public hearing.
Joan Langdon, 4690 Hartley Road Eagle, Idaho. Ms. Langdon hands out comments compiled from the
Eagle Foothills Riders (attached to minutes). Provides input as to the installation/location oftrail heads,
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trail signage, access, horse staging, surface maintenance in addition to other items.
Myron Amston 23112 Blessinger Star, Idaho. Mr.Amston also represents a number of horse enthusiasts
throughout the State of Idaho and the Treasure Valley. Discussion regarding trail use and the buffer
between trails and residential areas, signage, badger hole repairs, fire mitigation, water access at the head
and end of the trails, are all areas Mr. Amston addresses in his comments towards.
Heather Summers 752 Hurling Drive Boise, Idaho. Ms. Summers owns 18 acres on Homer Road. She
would like to see a master plan for the park. She has been riding in the foothills for over 45 years and
has never had a problem with single trails. Ms. Summers would like to retain access to the BLM land
from the property she owns. She is concerned that this process will become so complicated that it will
negatively impact the use of the land and would rather leave the land unaltered and not enhanced as has
been suggested earlier tonight.
City Planner Williams, notes that the only thing before the Commission tonight is the annexation and
rezone. The document submitted tonight is excellent and hopes that it has been provided to those
working on the master planning of the park. Williams states that the trail signs are also great suggestions
in regard to safety and any rescue efforts that may be required.
Tanner closes the public hearing.
Discussion amongst the Commission. Smith, Tanner and Aizpitarte have no real issue with the
annexation and rezone of this land. The input provided by the equestrians and Ms. Summers were
greatly appreciated. Villegas provides comment on impact fees and the applicability of Idaho State law
in regard to the use of impact fees. It is Villegas's hope that community infrastructure districts are
pursued as other avenues of funding for this park.
Smith moves to recommend approval A-09-09/RZ-IO-09 - Annexation and Rezone from RP and
RR (Rural Preservation and Rural Residential Ada County Designations to PS
(Public/Semipublic) - City of Eagle. Seconded by Aizpitarte. Discussion. ALL AYE...MOTION
CARRIES.
6. NEW BUSINESS: None
7. REPORTS:
A. Commission: Smith would like the attachments that are referred to in the staff report to be
labeled to correspond accordingly.
B. City Attorney: None
C. Staff:
Tanner moves to adjourn at 7:12 p.m. Seconded by Smith. ALL AYE...MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 7: 12 p.m.
RESPECTFULLY SUBMITTED:
lQ(~o ~~
-SHARON K. BERGMANN
CITY CLERK/TREASURER
APPROVED: ...~._-_._----
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GARY TA1JNER__R
CHAIRMAN
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL.
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EAGLE PLANNING & ZONING COMMISS
PUBLIC HEARING SIGN-UP SHEET
September 14, 2009
SUBJECT: A-08-09/RZ-09-09 - Annexation and Rezone From RUT
Transition – Ada County desiination) to A -R -DA (A2ricultural – Re
Development Agreement) M3 Ea2Ie, LLC:
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RECEIVED & FILED
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TESTIFY
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PRO/CON
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EAGLE PLANNING & ZONING COMMISI(5ry
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PUBLIC HEARING SIGN-UP SHEET
September 14, 2009 SEP 1 2009
SUBJECT: A-08-09/RZ-09-09 - Annexation and Rezone From RUT (4 ral — Urban
Transition — Ada County designation) to A -R -DA (Agricultural — RiEsidiatal with a
Development Agreement) M3 Eagle, LLC:
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
j22. I glo9
RECEIVED & FILED
CITY OF EAGLE
September 14, 2009 SEP 1 2009
To: City of Eagle Planning and Zoning
From: Eagle Foothill Riders
File:
Route to:
Introduction: The Eagle Foothill Riders is a group of concerned horseback
riders who use the Eagle foothills. We would like to make our desires
known by way of this report. Our group consists of representatives from
the following organizations: Southwest Idaho Trail & Distance Riders,
Southern Comfort Gaited Horse Riders, Idaho Quarter Horse Association,
Western Riding Club, Idaho Horse Council, Ada County Posse-ettes Drill
Team, and a member who previously worked for the San Francisco Bay
Area Parks Department Equestrian Search and Rescue, now residing in this
area. These horse associations represent over 500 equestrians who ride in
and utilize the Eagle foothills. .
We may be stating desires that the City of Eagle and the Planning & Zoning
Committee have already considered, but we just want to make sure the
essential requirements are being addressed and the equestrian needs for
this area are not overlooked. We would be willing to offer our "expertise"
as these suggestions are implemented into the plan
This presentation will be divided into two parts consisting of Trail Heads,
and Trails.
Trail Heads
1. Location:
Trail heads: The trail heads must be located away from currently established home sites so
as not to be in the land owner's "backyards". Most of these people bought their homes
next to BLM land for privacy reasons and the City of Eagle should help them maintain this
lifestyle.
Separate Staging Areas: Horse and pedestrian/ bicycle trail head parking areas must be
completely separate for safety purposes. Staging should provide separation between horses
and other park users to reduce the opportunity for accidents.
2. Regional Park Access: Current and future landowners bordering the park should be
allowed access to the park from their residences. Those people have always been able to
access the BLM and many of the current landowners paid a premium price for their land to
be able to ride directly onto BLM land without having to trailer their horses to a new
gateway.
3. Trail Head Size:
Right Size: Some of the events held by equestrians in the Eagle foothills have attracted
close to 100 horse truck -trailer rigs at a time. These include popular events that have
helped make Eagle the attractive place it is for equestrians. Events like various Clubs' poker
rides, fundraisers such as the Diabetes Ride, and various sanctioned endurance rides have
been mainstays in the community for years. It takes several acres to park the trailers and
unload horses for these events.
A pick- up truck and a two horse trailer is over 37 feet long. Many of the trailers used by
equestrians are considerably longer, holding 3, 4 or even more horses, and many times
living quarters as well. We would ask that careful research be done to insure ample parking
for the potential number of these long rigs that could be using the trail heads. Also bear in
mind that it is not easy to back up a rig of this size so wherever possible, parking should be
set up so the drivers can park and pull out forward to exit the area.
Distance Between Trailers: Trailers need to be 20 feet apart side to side: Keep in mind
that horse trailers cannot be parked like automobiles right next to one another. Upon
arrival riders need to tie their horses to the side of the trailer to brush and saddle prior to
riding. Hence, for safety reasons, it is necessary to maintain several feet of clear space to
the sides between trailers. Sufficient room is also needed in the back of the parking site to
load and unload.
Horse Staging: Horse staging must be AT the trailers not in a separate area away from the
trailer parking.
Surface: The surface for parking trailers should not be asphalt or concrete because horses
being loaded and unloaded can slip more easily on hard surfaces and possibly injure
themselves and/or their owners.
4. Trail Head Maintenance:
Trash Cans: Trash cans would be an asset to have on site.
Manure: The park management should determine how they want to handle manure at
the trail head. Horse owners would need to know whether it is okay to leave it to
decompose or owners to haul it home.
5. Signage:
Rules for Trail Usage: A curfew might be considered. Trailheads should not become a
party destination. This currently happens at the Little Gulch trail head on N. Eagle Road
(Willow Creek) on a regular basis.
Trail Etiquette: Trail etiquette should be posted at each trail head. There are many
readily available references to proper etiquette between horseback riders, bicyclists,
hikers, people with dogs, etc.
Maps: A Map of the trails should be available including names of trails, distances, and
degree of difficulty.
Trails
1. Location of Trails:
The Master Plan shows horse trails and pedestrian/bicycle trails running side by side in
the multi use areas. We suggest large buffer zones between these two trail types for
safety reasons.
Some equestrians do not ride trails at a walk, and prefer to move faster. An example
would be people who condition their horses for endurance rides. Always remembering
"safety first" makes the need for separation between trails even more important. Not
all horses respond well to bicycles coming up on them from the front or back.
Placement of trails should include ridges and elevation changes. Being able to ride on
ridges allows horses and riders to enjoy the beautiful vistas of the Eagle foothills. Also,
equestrians find the cooler ridge temperatures most inviting during the hot summer
months.
2. Buffer Zone Between Trails and Residences:
The trail should be located away from current resident's houses so as not to be in the
land owner's "backyards". Most of these people bought their homes for privacy and
the City of Eagle should help them maintain this lifestyle by creating a buffer zone.
3. Trail Surfaces:
Trails should be a sand bed that is significantly deep. A sand base allows equestrians to
ride in wet months whereas some dirt trails that are predominately clay becomes very
slick for horses. A sand base is safest for horses and would allow trails to be used most
of the year. (A sand base trail would also help keep hikers and bicycles off the
equestrian trails for safety purposes).
4. Signage:
Trail Information: Equestrian trails should be labeled for equestrians only. Signs
should list specific names for individual trails as this would help in the event of an injury
so help could be sent to the right location. They should also tell riders the length of the
trail.
Pet Warnings: Dogs owners have to accept the responsibility for their pets. If off
leash, dogs must be under control of their owners at all times. Some people don't
realize that dogs and horses don't always mix. Dogs can be seriously injured or killed
with a kick or cause injury to the rider of a horse or to pedestrians or bicyclers.
5. Trail Maintenance:
Badger Hole Repair: The Eagle foothills are home to many badgers who dig for ground
squirrels for food. Holes on and near trails can be one foot across and 4 feet deep.
Badgers are active and holes are regularly dug. The Regional Park Personnel should
regularly maintain the trails for safety purposes or perhaps other arrangement could be
made with organizations such as the Back Country Horsemen to help maintain the trails.
Fire Concerns: Much of the Eagle Foothills are covered with cheat grass and sagebrush.
During much of the year cheat grass presents a serious fire hazard. Currently portions
of the foothills are grazed off by cattle which help keep the fire hazard to a minimum .
Assuming there will be no grazing within the regional park there should be consideration
given to some kind of fire control.
Clean-up: The foothills have become a disgusting garbage dump site in many areas.
This needs to be cleaned up and a prevention plan should be implemented to keep
individuals from dumping and partying.
6. Water Hydrant at Linder Road Trail Head:
Equestrians would benefit from water availability at the Linder Road Trail Head. Even
those parking at other trail heads could pack collapsible buckets so they can water their
p2 gli¢lo9
INTER
OFFICE
City of Eagle
Zoning Administration
RECEIVED & FILED
CITY OF EAGLE
SEP 1 r: 2009
File.
Route to:
To: Planning and Zoning Commission,
From: Jeff T. Lowe, AICP, Planner II
Subject: RZ-05-09 — Rezone from R-4 (Residential — up to four units per acre) to CBD -DA
(Central Business District with development agreement) for M and H Development,
represented by Greg Hall
Date: September 14, 2009
Copy to: File
The applicant desires additional time to review their proposal relative to the recommendations presented by
Staff. The applicant is requesting that this application be continued to the meeting of October 5, 2009.
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