Minutes - 2004 - City Council - 09/07/2004 - Regular
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ORIGINAL
EAGLE CITY COUNCIL
Minutes
9/7/2004
1.
CALL TO ORDER: Mayor calls the meeting to order at 6:50 p.m.
2.
ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM
All present, with the exception of Guerber. A quorum is present. Guerber arrives
at 7:05 pm.
3.
PUBLIC HEARINGS:
A. CP A-3-03/RZ-8-03 - Comprehensive Plan Amendment from Residential
One to Commercial and Mixed Use and Rezone from A-R to C-2-DA and
MU-DA- Park Hampton. LLC.: Park Hampton, LLC, represented by
Land Consultants, Inc., is requesting a Comprehensive Plan Amendment
to change the land use designation on the Comprehensive Plan Land Use
Map from Residential One (up to one dwelling unit per acre) to
Commercial and Mixed Use, and a rezone from A-R (Agricultural-
Residential-up to one dwelling unit per five acres) to C-2-DA (General
Business District with Development Agreement) and MU-DA (Mixed Use
with Development Agreement). The site (Lots 1 and 2, Block 1, & Lots 1,
2, 4, 5, 6, 8, & 9, Block 2, of Flint Estates Subdivision) is located on the
northeast corner of Park Lane and West State Street, at 3950, 3450 &
3300 West State Street, 3415, 3855, and 3850 West Flint Drive, and 312
North Park Lane.
City Staff, Bill Vaughan reviews a proposed final development plan for this site.
General discussion.
Mark Butler, applicant, 52 N. Second Street, Eagle, Idaho reviews the application.
Mayor opens the public hearing.
Elliott Weiss, 3660 Flint Drive speaks regarding this application. He is not in
favor of the music school at the end of Flint Drive (a residential street). Flint
Drive should remain residential. Does not support multiple dwellings.
Jack Lichens, 246 N. Cove Colony Way, Eagle speaks about this application. Mr.
Lichens agrees with Mr. Weiss. Firmly against anything less than 1 acre lots.
Martin Hedly, 2956 W. Wind Drive, Eagle, concern is that high density housing is
going to impact the schools, increase of traffic. Music school should go next to
the high school.
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Joel Barker, 972 Cove Colony, Eagle, concern is lot size, traffic related to the
mixed use area. Came to Eagle for the rural feel.
Becky Callister, 2873 W. Wind Drive, points out that more people will cut
through the Colony for access. Concern of outdoor concerts. Should stay at 1
acre lots.
Justin Nielson, 3290 W. State, speaks in favor of the Rivendale project.
Paul Butcher, 786 Cove Colony asks questions regarding the music school.
Justin Nielson, reviews financing of music academy. Paul Butcher, 786 Cove
Colony Way asks further questions of the music school.
Clarification from Councilman Guerber and Sedlacek.
Kevin Shaner, 353 N. Cove Colony, agrees with previous speakers. Concern is
apartments right next to 5 acre estates.
Judy Archibold, 2960 Colony Court, speaks against any higher density.
DeeAnn Croff, 137 N. Cove Colony Way asks questions of the proposed
retirement home and concerned about size of school.
Rob Williams, 462 N. Cove Colony Way, is not in favor ofthis application, too
much of a trade off.
Rebecca Neilson, 3300 W. State Street speaks in favor of this application, the
music academy. It is important.
Kelly Dean, 2958 W. Colony Court asks for clarification about what happens if
the school does not get funding. Not in favor in music academy next to Colony
subdivision. Townhomes do not have a place in rural Eagle.
Tom Fister, 3605 Flint Drive, speaks of concerns of high school traffic and against
the music academy. Should remain 1 acre lots.
Glenda Thomas, 2746 W. Wind Drive, does not support the school due to no
access from State Street also concerned about proposed assisted living facility,
does not approve of high density next to high school.
Clark Huffman, 1058 N. Wind Weaver Place does not agree with high density
proposed, too much traffic on State Street.
Alex Deannda, 1059 N. Wind Weaver, agrees with neighbors about density and
concerned about traffic on State Street.
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Mary Shaner, 353 N. Cove Colony Way brings up what higher density will do to
property values in Colony.
Jerry Graybill, lives in Boise speaks on Rivendale, speaks in favor and what a
great benefit this academy would be to this City.
Melinda Sievers, 3390 W. Flint Drive points out about quality of life issues,
property values decreasing if density is allowed to increase.
Nick Cioffie, 861 N. Cove Colony, this will make State Street another Eagle
Road. Higher density will bring down value of life.
Gary Brandecker, lives in Colony subdivision lives on 1 acre lot and does not
want changes. No benefit to adding all these houses to the area. Against high
density.
John Wood, 3850 Flint Drive, developer for this application reviews this
application. Discusses phases of project.
Jeff Cline, 569 N Cove Colony not against music school, assisted living, etc. only
about impact on property values, traffic issues.
Matt Siren, 3391 Flint Drive, questions regarding commercial use proposed, asks
for clarification. In favor of 1 acre lots and mixed use along State Street.
Opposed to school in the middle of Flint Estates.
Shelly Brock, 3450 W. State Street, supports building affordable housing for this
area and the music academy.
Mark Butler, offers rebuttal to testimony given tonight. Butler reviews locations
for proposed development, states that development is not close enough to bring
property values down. Addresses traffic to school, cross access, stub street,
signalized intersection.
Kent Sennell, 1601 W. Floating Feather, states that the school will have 300 to
400 students at maximum. Students would come to school for lessons once a
week. Discussion on operations of school.
Mark Butler, further review, discusses list of those in favor of proposal.
Susan Wildwood reviews City Council open meeting procedures and notification
requirements.
Staff reviews the application. Review of notification process. Discussion of
development agreement.
The Mayor closes the public hearing.
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Council takes a break at 10:00 p.m. Council deliberation.
Sedlack moves to approve CP A-3-03/RZ-8-03 - Comprehensive Plan
Amendment from Residential One to Commercial and Mixed Use and
Rezone from A-R to C-2-DA and MU-DA- Park Hampton, LLC with the
following modifications:
Mixed use designation stay only along the lots that front State HWY 44, and
the ones depicted on exhibit B along Park Road, that the overall density not
exceed 2 units per acre in the mixed use designation. If the assisted living
center goes away it will be a transitional density not to exceed an overall of 2
per acre, but 1 acre lots against the Colony. In the development agreement
the prohibited uses would include bank, financial institutions with drive up
services and flex space. That 2.9 be stricken, that the condition listed as 2.13
strike the last sentence, it will state that musical arts school must be in the
mixed use area along State Street, and that if it does not develop it will be
allowed with a transitional residential with and overall density not to exceed
2 units per acre. That there be a minimum of 40 ft. building setbacks from
Hwy 44. The assisted living if built not to exceed 1 story and 6 ft. wide
asphalt highway or concrete sidewalks along State Street. Seconded by
Nordstrom. Discussion. 2 AYE (NORDSTROM, SEDLACEK), 2
NYE(GUERBER,BASTIAN), TIE TO BE BROKEN BY THE MAYOR,
VOTE IS NYE. MOTION DENIED.
Guerber moves to approve CP A-3-03/RZ-8-03 - Comprehensive Plan
Amendment from Residential One to Commercial and Mixed Use and
Rezone from A-R to C-2-DA and MU-DA- Park Hampton, LLC, basically
propose the same thing that Councilwoman Sedlacek had proposed,
changing two items, the first being allowing density of up to 3 lots per acre
and the other being allowing the Rivendale as proposed including the goofy I
shaped piece lot 6, blk 2 and follow her motion in regard to the assisted living
center limitations, the sidewalk curb and gutters the 40 ft. setback from Hwy
44 and striking the 2nd line in 2.13 and the limitations on bank and financial
institutions and the 1 story assisted living. The development would be in
substantial conformance with the comprehensive plan in regard to transition
and concept. Seconded by Bastian. Discussion. 3 Aye, One Nye...Motion
Carries.
Sedlacek moves to reopen and reconsider the Park Lane planning area.
Seconded by Nordstrom. ONE ABSTAIN, 3 A YE...MOTION CARRIES.
Council takes a break at 11: 15 p.m.
Mayor opens public testimony on the Park Lane planning area CP A-02-04 City of
Eagle.
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Joel Barker, 972 N. Cove Colony, addresses concerns of density, access points
and traffic. He was chosen to speak for the entire group of people concerned with
this area (The Colony Subdivision).
Sedlacek notes for clarification that this is only in regard to property between
Eagle High School and Colony subdivision.
Sedlacek moves to reconsider the are north of Flint Estates, east of the high
school and west of the Colony Subdivision, south of Floating Feather.
Seconded by Bastian. ONE ABSTAIN, 3 AYE...MOTION CARRIES.
Tom Ricks, 1560 N. Park Lane, testifies in favor of higher density by the high
school.
Glenda Thomas, 2746 W. Wind, discusses lot size.
Council discussion.
Nordstrom moves to amend the previous decision on Park Lane planning
area, that the paragraph that reads that the land uses north of Flint Estates
designate a transition increase of residential density from east to west
ensuring compatibility with the one acre lots in the Colony Subdivision and
increasing in density not to exceed, striking 6, and changing it to 3 units an
acre near the Eagle High School. Seconded by Bastian. 3 AYE, ONE
ABSTAIN...MOTION CARRIES.
B. CP A-02-04 City of Eaele: The City of Eagle will consider a City initiated
Comprehensive Plan Amendment to modify a portion of the
Comprehensive Plan Land Use Map and a policy to adopt the Western
Eagle Sub-area Plan.
Lynn Moser, Eagle Sewer District reviews status of central sewer. Sewer Dist
will be master planning to serve areas in Eagle and a possible partnership with
Boise.
Staff discusses village planning area.
Mayor opens public testimony.
Phil Fry, 4122 Homer Road, believes the planning in the area of Farmers Union
canal is unnecessary at this time. What about providing a viable cost effective
infrastructure in this area. Negative impact on current residents life style. Need to
worry about putting things in the CBD.
Mary Taylor, 3410 Hartly, addresses the council, for the record, Star is having a
meeting tonight as well so a lot of people in the area have been unable to attend
the meeting tonight. People are moving out of town because they do not like what
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is happening to their property. Would like to hand in petitions with signatures of
those who do not want Eagle to expand area of impact.
June Flack, 4035 N. Hartly Road is opposed to the Eagle impact area going into
Hwy 16, feels that Eagle is biting off more than they can chew right now. Want to
go with the Star impact area.
Jan Comby, 6440 Beacon Light has questions regarding the village area. Would
rather stay outside of the impact area.
Mike Hormachea, 1101 W. River Street has questions regarding water and sewer
services in this area. Village concept discussion.
Mike Chase, 70 W. Floating Feather Road, feels that these changes are being
proposed because the City needs to have additional revenue to provide parks,
pathways, etc. Feels that the City needs to look at higher density.
Joe Rausch, 79 E. State Street feels diagonal road proposal is a mistake. In
support of the City of Eagle going out to Hwy 16. Comfortable with the village
concept.
John Wood, 3850 Flint Drive discusses property owners between Hwy 16 and
Palmer.
Jason Pierry, N. Bottlecreek, against the village concept. Schools can not keep up
with the high density.
Mayor closes public testimony. Council deliberates.
Bastian moves to approve the planning village area in the document CP A-2-
04 and this is the 6.5D part of the plan. Seconded by Nordstrom. ALL
A YE...MOTION CARRIES.
C. CPA-I-03/RZ-7-03 - Comprehensive Plan Amendment from Residential Four
to Central Business District and Rezone from R-4 to CBD-DA - G. Gregory
Hall: Gregory Hall, represented by Land Consultants, Inc., is requesting a
Comprehensive Plan Amendment to change the land use designation on
the Comprehensive Plan Land Use Map from Residential Four (up to
four dwelling units per acre) to Central Business District, and a rezone
from R-4 (Residential- up to four dwelling units per acre) to CBD-DA
(Central Business District with Development Agreement). The site is
located on the west side of North Eagle Road, approximately 800-feet
north of West State Street, at 223 North Eagle Road.
Mark Butler, 52 N. Second Street reviews the application and agrees with
development.
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Mayor open public testimony. Mayor closes public testimony.
Bastian moves to approve CPA-I-03/RZ-7-03 - Comprehensive Plan
Amendment from Residential Four to Central Business District and Rezone
from R-4 to CBD-DA - G. Gregory Hall to include any site specific and
standard conditions in the development agreement as passed by Planning &
Zoning. Seconded by Nordstrom. ALL A YE...MOTION CARRIES.
D. CP A-2-03 - Comprehensive Plan Amendment from Residential One to
Commercial- Rick & Nita Musick: Rick & Nita Musick, represented by
Land Consultants, Inc., is requesting a Comprehensive Plan Amendment
to change the land use designation on the Comprehensive Plan Land Use
Map from Residential One (up to one dwelling unit per acre) to
Commercial. The site is located on the south side of West State Street
approximately 400-feet east of Linder Road, at 4526 West Old Valley
Road. D.
Mark Butler, 52 N. Second Street, withdraws the application.
Bastian moves to table the remainder of the items until 9/14 at 5:30 p.m.
Seconded by Guerber.
4.
NEW BUSINESS
A. Resolution 04-15: A Resolution Of The Eagle City Council, Eagle, Ada
County, Idaho Repealing Any And All Existing Comprehensive Plans, And
Adopting The Amended 2000 Comprehensive Plan; Affirming That
Prescribed Notice And Hearing Requirements Were Met In Accordance With
Title 67, Chapter 65, Idaho Code; And Providing An Effective Date.
5.
ADJOURNMENT:
Bastian moves to adjourn at 1:20 a.m. Seconded by Guerber. ALL AYE:
MOTION CARRIES...
Respectfully submitted:
APPROVED:
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Public Hearing
The City of Eagle
City Council
Tuesday, September 7, 2004
6:30pm
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CPA- 02-04
Soaring 2025: Western Area plan
Public Hearing
The City of Eagle
City Council
Tuesday, September 7, 2004
6:30pm
MOON VALLEY & STA 1'E PLANNING AREA
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Soaring 2025: Western Area plan
Public Hearing
The City of Eagle
City Council
Tuesday, September 7, 2004
6:30pm
RIVER PLAIN PLANNING AREA
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CPA- 02-04
Soaring 2025: Western Area plan
Public Hearing
The City of Eagle
City Council
Tuesday, September 7, 2004
6:30pm
EAGLE ISLAND PLANNING AREA
ADDRESS/
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SUBJECT
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CPA- 02-04
Soaring 2025: Western Area plan
Public Hearing
The City of Eagle
City Council
Tuesday, September 7, 2004
6:30pm
CHINDEN PLANNING AREA
ADDRESS/ TESTIFY
NAME TELEPHONE SUBJECT YES/NO? PRO/CON
311
CPA- 02-04
Soaring 2025: Western Area plan
Public Hearing
The City of Eagle
City Council
Tuesday, September 7, 2004
6:30pm
CHAPTER 6- 2000 COMP PLAN CHANGES
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CPA- 02-04
Soaring 2025: Western Area plan
Public Hearing
The City of Eagle
City Council
Tuesday, September 7, 2004
6:30pm
MISC. 7ESTIMONY
ADDRESS/ TESTIFY
TELEPHONE SUBJECT YES/NO? PRO/CON
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CPA- 02-04
Soaring 2025: Western Area plan
Public Hearing
The City of Eagle
City Council
Tuesday, September 7, 2004
6:30pm
FLOATING FEATHER PLANNING AREA
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CPA- 02-04
Soaring 2025: Western Area plan
Public Hearing
The City of Eagle
City Council
Tuesday, September, 2004
6:30pm
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To: The City of Eagle
Re: Proposed area of expansion
We, the undersigned, live in and/or own land in the area between Linder on the east,
Highway 16 on the west and north of the Boise River. We are opposed to being included in the
City of Eagle's proposed AOI expansion. We are requesting the City of Eagle hold their west
boundary for AOI at Linder Road.
NAME
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We, the undersigned, live and/or own land in the area between Linder on the east, Highway 16
on the west and north of the Boise River. We are opposed to the City of Eagle's requested
expansion of their AOI. We are petitioning the City to hold their western AOI boundary to
Linder Road.
NAME
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We, the undersigned, live and/or own land in the area between Linder on the east, Highway 16
on the west and north of the Boise River. We are opposed to the City of Eagle's requested
expansion of their AOI. We are petitioning they to hold their western AOI boundary to
Linder Road.
NAME
ADDRESS
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We, the undersigned, live and/or own land in the area between Linder on the east, Highway 16
on the west and north of the Boise River. We are opposed to the City of Eagle's requested
expansion of their AOI. We are petitioning the City to hold their western AOI boundary to
Linder Road.
NAME ADDRESS
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9L'&cL 7436'laoiiVailey Wi3telle
COMPANY
September 7, 2004
City of Eagle
City Council
P.O. Box 1520
Eagle, Idaho 83616
RE: CPA -02-04 City of Eagle
Madam Mayor and members of the City Council:
Please accept the following as testimony for your consideration during the review of application
CPA -02-04 City of Eagle initiated Comprehensive Plan Amendment. I submit these comments
on behalf of Aries Development LLC, developers of the Brookwood Planned Community and
Hormaechea Limited Partnership, principal owners of Idaho Feedlot Company, located between
Beacon Light Road and Floating Feather Road, approximately one mile east of Highway 16.
We have been following and participating in the City's various visioning and planning meetings
and open houses as it progresses towards expanding its area of impact west towards Highway 16.
We compliment the City on its efforts to include the affected property owners in the long range
planning of its proposed western expansion area. We have worked within the City of Eagle for
the past seven years on the Brookwood Planned Community and have a significant amount of
land within the proposed western expansion area where we have operated Idaho Feedlot
Company for nearly forty years. As the details of the City's expansion plans continue to develop,
we have some growing concerns regarding the City's direction for sewer and water service in the
proposed western expansion area.
Reviewing the text in Chapter 4 and accompanying maps regarding water and sewer service, it
appears the City has already determined that it shall own and operate the water system serving the
proposed western expansion area. In what appears to be action in anticipation of this objective,
the City passed Ordinance #479 on July 27th 2004 requiring landowners to transfer or assign
surface and groundwater rights to the City as a condition of annexation or approval of any new
development. Additionally, the text and maps indicate the City is preparing to provide sewer
service to the proposed expansion area. This has been determined despite the existence of the
Eagle Sewer District that currently serves the City, as well as evidence that gravity sewer service
is likely available for at least a significant portion of the western expansion area from the Star
Sewer and Water District.
As a landowner in the proposed expansion area and a developer that has worked closely with the
City on its existing water system, these determinations and recently approved Ordinance #479
give us significant concern. We respectfully ask that City staff and the City Council address the
following questions as you consider this Comprehensive Plan Amendment application.
1) Why is the City of Eagle in a better position to provide water service to the proposed
expansion area than United Water Idaho?
1101 W. River St., Ste. 300
P.O. Box 6887
Boise, Idaho 83707
Ph: 208.336.2200
Fax: 208.336.2476
2) Why is the City of Eagle in a better position to provide sewer service to the proposed
expansion area than Eagle Sewer District or Star Sewer and Water District?
3) How will the proposed improvements such as sewer lift stations, treatment plants and
land application sites be funded?
4) How has the City of Eagle determined that a municipally owned water system is in
the best interests of the citizens of the City as stated in Ordinance #479?
5) Are municipal sewer and water service a condition of approval of the City's
application before Ada County to expand its Area of Impact?
6) Can the City of Eagle be approved to expand its Area of Impact without a specific
determination on the best provider of sewer and water service?
It is our understanding that a primary reason for the decision to provide sewer and water service
in this area is to gain planning control over land within the City's area of impact that may seek
development approvals through Ada County, without requesting annexation into the City. We
can certainly support the City's desire to have planning input in such cases. However, we are
concerned that the City's commitment to a public works department that currently has no
personnel, infrastructure or funding creates a significant risk of hardships on the current and
future residents of the City. This risk is especially daunting in light of the fact that there are, and
have been, other service providers such as United Water Idaho, Eagle Sewer District and Star
Sewer and Water District working in the immediate area. These essential services are critical to
the future growth in this area and should be determined by who can provide the best service at the
best rate. We would like to see the City take enough time to thoroughly evaluate where and
whom service to this area should come from before committing the City to do so with this
application and Ordinance #479.
Thank you for your time and consideration of these concerns. We will continue to participate in
the City's planning process and hope we can make positive contributions to the future growth of
the City of Eagle.
Respectfully,
,Z,„%
Michael Hormaechea
Aries Development LLC
Hormaechea Limited Partnership