Minutes - 2005 - City Council - 04/19/2005 - Special
EAGLE CITY COUNCIL
Special Meeting Minutes
April 19,2005
This meeting was held at the
Eagle Senior Center
312 E. State St.
1. CALL TO ORDER: Mayor Merrill called the meeting to order at 6:00 p.m. in the
Council Chambers at City Hall for the Executive Session.
Upon completion of the Executive Session the meeting will reconvene at the Eagle Senior
Center.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present.
A quorum is present.
3. EXECUTIVE SESSION:
A. Pending or threatened litigation: I.C. §67-2345(f)
Sedlacek moves to go into Executive Session for the discussion of pending or
threatened litigation. Seconded by Guerber. Bastian: AYE; Sedlacek: AYE;
Guerber: AYE; Nordstrom: AYE: ALL AYES: MOTION CARRIES...
Council discusses pending or threatened litigation.
Council leaves Executive Session at 6:25 p.m.
General discussion on procedures for the public hearing portion of tonight' s meeting. The
timer will be used.
Mayor calls a recess at 6:30
Mayor reconvenes the meeting at the Eagle Senior Center. Mayor welcomes the public
and explains public testimony procedure.
The pledge of allegiance is said.
4. PUBLIC HEARINGS:
A. CPA-3-05 & RZ-3-05 Comprehensive Plan Text Amendment From One-Unit Per
Acre to Two-Units Per Acre and Rezone With Development Aereement From A to
R-1-DA & R-3-DA - Hillview Development Corporation: Hillview Development
Corporation, represented by Land Consultants Inc., is requesting a Comprehensive Plan
text amendment from I-unit per acre to two-units per acre and a rezone from A
(Agricultural) to R-I-DA (Residential- up to one unit per acre with development
agreement) and R-3-DA (Residential- up to 3-units per acre with development
agreement) for an overall density of 1.99 units to the acre. The 47.8-acre site is located
approximately one-quarter mile east of Ballantyne Lane on the south side of Floating
Feather Road at 1501 and 1601 West Floating Feather Road. (WEV) This item was
continued from the April]2, 2005 meeting.
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Mayor introduces the issue.
Sedlacek declares a possible conflict of interest as she owns property nearby. At the
advise of the City Attorney and at the request ofthe applicant she is going to recuse
herself, but reserves the right to testify.
Mayor swears in Mr. Butler.
Mark Butler 53 N. Second St. Eagle, Idaho representing Hillview Development
Corporation reviews the application.
City Planner, Nichoel Baird Spencer, reviews the staff report.
Spencer notes that written testimony from Frank Stoppello, Janet and Russ Buschert,
Harv Babendure, and Harold Edwards was received and copies have been provided to
Council for review and consideration.
Mayor swears in Frank Stopello.
Frank Stoppello 782 Arlington Dr. Eagle, Idaho. Speaking on behalf of his wife, himself
and his 2 neighbors. Has served on the Eagle City Council and on a number of city
committees. Feels the current Comprehensive Plan should be followed. Changing
density is a dangerous precedent to set. Respectfully requests the Council to deny the
application.
Mayor swears in Jim Choat.
Jim Choat, 1250 Hereford Drive Eagle, Idaho. Is concerned with the increased density.
Mayor swears in Ann Ritter.
Ann Ritter 1270 E. Beacon Light Road Eagle, Idaho representing Meridian School
District. Ms. Ritter gives the current enrollment statistics for local schools and estimated
build out statistics for the surrounding area.
Mayor swears in Penny Hart.
Penny Hart 837 N. Preakness Dr. Eagle, Idaho. Request the property remain an A zoning
designation, and no changes be allowed.
Mayor swears in Bill Hart.
Bill Hart 837 N. Preakness Dr. Eagle, Idaho. Asks that those in attendance who are
interested in keeping the zoning one house per acre, to stand up, (a large majority of
people in the audience stands). Feels it would be in the best interest of Eagle to leave the
zoning unchanged.
Mayor swears in Pat Miller.
Pat Miller 959 Preakness Eagle, Idaho. Feels that the infrastructure would not support
increased density. Distributes photos which show the impact on traffic when there is an
event being held at the middle school. If the request by the applicant is approved the
negative impact to traffic during rush hour traffic would be substantial. Traffic is already
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an issue and if density is increased it would only get worse. Our Comprehensive Plan is
one of the best in the valley, and it does not need to be modified.
Mayor swears in Betty Miller.
Betty Miller 959 Preakness Eagle, Idaho. Worked on the Comprehensive Plan in 1998
and also provided input on the Soaring 2025 Plan. Mrs. Miller circulated a petition
throughout the surrounding area requesting there be no change allowed to the
Comprehensive Plan for review. (The petition was included in the staff report provided
to Council.) She would like the zoning to remain the same.
Mayor swears in Mike Malterre.
Mike Malterre 1797 W. Floating Feather Rd. Eagle, Idaho. Owns property on the west
side of this development. Acknowledges that growth is bound to occur, but when he
purchased his 10 acres, he never thought that the city would waiver from R-l density in
this area.
Mayor swears in C.J. Northrup
C.J. Northrup 1161 Hialeah Dr. Eagle, Idaho. Agrees with a lot of the testimony already
given. Hopes that Eagle's high quality of life is maintained and that the current
Comprehensive Plan remain unchanged.
Mayor swears in Barbara Kolsky.
Barbara Kolsky 889 Preakness Eagle, Idaho. Does not feel the proposal would fit in with
the Eagle Community.
Mayor swears in Marvin Kolsky.
Marvin Kolsky 889 Preakness Dr. Eagle, Idaho. Opposes the proposal for a number of
reasons. Is not a compatible proposal, and would like the density to remain low. States
that the rural charm of Eagle would be better served by leaving the density unchanged.
Mayor swears in George Thomas
George Thomas 1051 Preakness Dr. Eagle, Idaho. Does not feel that density should be
changed. Traffic on Floating Feather Road would definitely be negatively impacted.
Requests that Council deny the request, to insure Eagle's continued quality of life.
Mayor swears in
Emily Nicholas 971 Preakness Drive Eagle, Idaho. Feels the schools have been impacted
by increased density, and a number of classes are held in portable classrooms. The
original 1 house per acre should be maintained.
Mayor swears in Teresa Nichols.
Teresa Nicholas, 971 Preakness Dr. Eagle, Idaho. Notes that Eagle was awarded as one
of the best managed cities in America. Requests that Council would respect the previous
testimony given, the action by the Planning and Zoning Commission and the
recommendation by the staff report.
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Greg Nicholas 971 Preakness Drive Eagle, Idaho. Comments on the school costs per
student at area schools. The Eagle community expects more, and we would hope that we
keep our standards high. Recommends the Council deny the applicants request.
Mayor swears in Harry Martz
Harry Martz 843 Eagle Hills Way Eagle, Idaho. In favor of the application. Feels that
growth will happen and this is an appropriate request.
Mayor swears in Stephanie Helms
Stephanie Helms 1782 W. Janet Court Eagle, Idaho representing Oakley Estates.
Comments on another application to the north which will also impact Floating Feather
Road. Feels that the whole planning picture should be considered.
Mayor swears in Chuck Rosco
Chuck Rosco 2634 E. Gladstone Ct. Eagle, Idaho. In favor of the application. He is a
realtor in the area. There are a lot of people moving here that don't want to live in R-8
zoning and the proposed zoning would appeal to those interested in the area.
Mayor swears in Kathy Nahas.
Kathy Nahas is a long term resident of Eagle and is a realtor. Has a hard time believing
that people would think the application would negatively impact property value. Feels
that property value will increase if this proposal is allowed.
Mayor swears in Mike Chase
Mike Chase 70 W. Floating Feather Road Eagle, Idaho. Supports higher density,
encourages people to attend more public meetings were density issues are addressed.
Mayor swears in Lynne Sedlacek.
Lynne Sedlacek 1200 Hereford Dr. Eagle, Idaho. Addresses the density issue. Does not
feel the Comprehensive Plan should be modified. Feels its critical that the one acre lots
remain unchanged.
Mayor swears in Marti Taylor
Marti Taylor 832 Hialeah Dr. Eagle, Idaho. Feels that the Comprehensive Plan was very
well thought out, and it should be adhered to.
Mayor swears in John Woods.
John Woods 1601 Floating Feather Road Eagle, Idaho. Feels that transitional housing
around the schools should be allowed, and feels that is what the Comprehensive Plan
states. An overall plan for the long term should be looked at. The proposed subdivision
is attractive, as is the proposed park.
Mark Butler rebuts testimony. Discusses the on impact on traffic and on the schools.
Mayor close public testimony.
Bastian comments that he agrees with a number of the points raised in the staff report,
and the testimony given tonight. He will not be voting in favor of the application tonight,
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but would like to comment that it is a well thought out subdivision, this is just not the
correct location for it. He states he had contact with Mr. Butler and let him know that if
he (Butler) could convince the neighborhood he (Bastian) would support the proposal.
As that did not happen, he is inclined to support the current Comprehensive Plan and
representing the concerns of those in the surrounding neighborhood. Guerber states that
it is a good proposed subdivision, it is a good developer, just a bad location. Nordstrom
the secret to Eagle's success is its Comprehensive Plan. Feels the density is too high for
the location. The duty of the Council is to reflect the goals and desires of its citizens and
to that end he will not be able to support this application. Mayor comments on the
uniqueness of Eagle and the desire of the community to remain special.
Bastian moves to deny CP A-3-05 & RZ-3-05 Comprehensive Plan Text Amendment
From One-Unit Per Acre to Two-Units Per Acre and Rezone With Development
Agreement From A to R-1-DA & R-3-DA presented by Hillview Development
Corporation. The reason for denial would be identical to those listed by the Eagle
Planning and Zoning committee. Seconded by Nordstrom. ALL A YE...MOTION
CARRIES.
5. ADJOURNMENT:
Guerber moves to adjourn at 9:10 p.m. Seconded by Bastian. ALL AYE:
MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 9: 1 0 p.m.
Respectfully submitted:
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Eagle City Council
Public Hearing Sign-up Sheet
_,ject: CPA -3-05 & RZ-3-05 Comprehensive Plan Text Amendment From One -Unit
Per Acre to Two -Units Per Acre and Rezone With Development Agreement From A.
to R -1 -DA & R -3 -DA - Hillview Development Corporation:
April 19, 2005
6:30 p.m.
ADDRESS/ n 3-0s TESTIFY
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Eagle City Council
Public !fearing Sign-up Sheet
Subject: CPA -3-05 & RZ-3-05 Comprehensive Plan Text Amendment From One -Unit
Per Acre to Two -Units Per Acre and Rezone With Development Atreement From A
to R -1 -DA & R -3 -DA — Hillview Development Corporation:
April 19, 2005
6:30 p.m.
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Enrollment and Capacity
Eagle Middle School and Eagle High School
Eagle Middle
School capacity: 1000
Current enrollment: 1225
increase in enrollment since September 1, 2005: 25
1-
E V ' LE D
CITY OF EAGLE
APR 19 2005
File:
Route to:
15zr-
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Projected
increase in student enrollment per year, based on approved platted
home sites in the Eagle Middle School attendance area: 40
Eagle High School
School capacity: 1800
Current enrollment: 1840
Increase in enrollment since September 1, 2005: 0
Projected increase in student enrollment per year, based on approved platted
home sites in the Eagle High School attendance area: 121
3K
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RECEIVED & FILED
CITY OF EAGLE--
Current Students and Future Growth: Elementary Schools Star/FileE I19 2005
:
Route to:
Elementary School Enrollment Capacity
Seven Oaks 708 740
Andrus 573 650
Star 451 650
Eagle Elementary 473 428
Eagle Hills 537 388
Totals
Enrollment in Excess of Capacity
Future Students
Number of platted homesites
Number of Elementary students
(1504X.8)/13X6=
Number of students per year
(555/7)
2742 2856
114
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April 4, 2005
To: Eagle City Council
From: Pat and Betty Miller
Concerning: How density in Eagle Middle School Area is shown in the document
Soaring 2025: Envisioning the City of Eagle of Tomorrow, September 14, 2004
In the above mentioned document in article 6.4J.1 (Uses—Eagle Middle
School Planning Area), the density for this area is to be 1 -unit per acre. However on the
land use map, this area is only listed as Transitional Residential without any specific
density. Because of this (to us) oversight, we understand (by how the current
application to change the density in this area has been listed in both P&Z and city council
agendas), that this change in use would involve a " text change", which could be brought
before these bodies at anytime. We would ask the city council to list the density of 1 unit
per acre on the land use map, therefore making an application to change the density a
comprehensive plan change, which could only be brought before the bodies every 6
months. If this remains a text change, there could be constant revisiting of this issue,
which does not serve the city or the public well.
At the public hearing and city council discussion about density in this area, both
the public and the discussion and vote by the city council members showed that the
general consensus is for a 1 unit per acre.
Sincerely,
._. _—_)=...„
Pat and Betty Miller
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