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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. Page J K:ICOUNCIL\MINUTESITemporary Minutes Work AreaICC-04-19-05spmtng.doc 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 Page 2 K:ICOUNCIL\MINUTESITemporary Minutes Work AreaICC-O4-19-05spmtng.doc 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. Page 3 K:ICOUNCIL\MINUTESITemporary Minutes Work AreaICC-04-19-05spmtng.doc 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, Page 4 K:ICOUNCIL\MINUTESITemporary Minutes Work AreaICC-O4-19-05spmtng.doc 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: ~,~. h~~A~ SHA ON K. BERGMANN CITY CLERK/TREASURER .""""'" " ~ OF 8-1 "" ,.~ .."".... ()~ '" "" .. ~~ ~ O,.?OR-1 :>..'. V' ~ C; r\ ~ * ~. . . : -.- :* . ~ SEAL ~I .,., t'o ," .1',& Of \1)~ ."".........- Page 5 K:ICOUNCJL\MINUTESITemporary Minutes Work AreaICC-O4-19-05spmtng.doc 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 / NAME TELEPHONE SUBJECT C PA 3--p 0-YES/NO? PRO/CON /Fr'M' It;- 1-eil e/'r /gZ,4 1 / rl�'i�t, c)%_ Li/ -).,-(1. '.3 4 1 .? I /l \'f;0 L V Cif c4 -r / S,7 !Eig'�c4,, 93 ?L- 7'tq > e it ij 6,tx,„ c) o Gc/ 4i'dee&4,,/Li ) i Sd- --...�1 ,t4 in7A -Lsv <nk�s., ``,��4-c14 / lcIv� pip 4c.' C 7L .73;1/ Zfr-e �tv',1U11/( , ` s-1 i1 fi1i[/ir % Hctf,k•t cb kc isK << Preg_kneL) ,.,_ a %4di� c /d l%.4rr-,.4. -_.,-- /kV - tl rr );<. ( c_sT Stilt o--cps-aI Q — li / VV %�l ovc1 ss fr,> t- u -m Lea Cei, rN iQJ ROOk J /St/ wrGY117i /"(M41— );JL h; iticker,k 1, c1 i �rec��-r' s� pr .2,5�-21b1 Ltrvi` �.��S��r �C,�rs n � �� h�LL ;.`ij , i/ 1/ 27 /ti/6 3 S l9/�i�A�KNi=sS dkirs.qc.-7-cc, cj i --NC \ 4�►�'\Cj II J OSc0 2 3' & -01 ds I n a xL» r F/ 4) ter^ 7Peciia fat Page 1 f 1 11 ,000NCILAGENDA\CCSIGNUP WPI) 4,43 ♦ i 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. ADDRESS/ TESTIFY AME ( TELEPHONE/SUBJECT YES/NO? PRO/CON 11 -0l e 1 �,/ 4 k o 5 b a y F_ -bia h s -k i e (2 Plt145o^)S(.�.) Do irts / q e sl %'( I V U i ela tie 01Y, Sv2 ,4 1,-/414; viz. 1 Xsu se Z' AY, N 0 ''i,k,,._ (.5-00,),_ /6 ,., i:),,,, i-,::_ r.ILILi ( GuIr d-c-fs (Dosos 6 ) 1 (rifia) i a,302X Page 1 f 1 II,y000NCII.AAGIiNDA\CCSIGNUP WI'D yps ((It?, 1 /;• 8 4 H P°e4k"ress r%w;,i;iL 6— RECEIVED & FI! ED — CITY OF EAGLE APR 1 9 2005 File: Route to: co &..tw .7- 4 4 , .� 4 4 H 2\ . --4-;;4,1!".C' :.1.4.71'.a It :e. \� (. ��. .. \ RECEIVED & FILED CITY OF EAGLE FH : RouteS:_� •®w APR 1 2005 • rr. _ ! P ss1.43. fr it =$1�,�,• CALHCUN DITCH 1087 1 COCHRAN 1161 1160 GRIGG FURCHAK 1033 1101 1051 THOMAS 1035 KNIGHTON NICHOLAS 959 MILLER 889 BREUSTEDT W 865 n' Edwards y W 837 Hart 1125 SIELER I1. A 065 1027 j 903 ( 0r D H r m4dk Sch�ol FLEATJN,G.. FE4TH P........._. CI 1 1U 3 LN,) 3 m J 73I z tl 0F N r 1124 PARK 1010 I D 966 , 920 VI; HIALEAH. 1050 JENSEN 1036 O'HERON 970 JOHNSON 942 TRENT 888 ALLEN J 0 H A 0Z 042 1020 10J1 CLA RK 1087 A fN/! 1I 1067 r/ANCE 1023 CAM *BELL 'IMLI SchiiInn 948 GIBBONS 945 0 N z 3 a CO) Z 854 832 837 SIMPSON 773 O 1032 POTTER 912 91 , STEARNS BOYD THOMAS 846 966 it 9 4 96‘5N1"/1933 tdm r 3 D Z r 882830 796 '' S rEEPLEV1EW 725 D M r OC a U J . 980 nraml OC J f � } Al5 J POWEL .�} I i 11)4433 0 MC INTOSH 9aberuc ure C F. (ft REASON N ONVA 910 1184 a OC 583 O 235 Z BUSCH=RT 3 1D 524 a 622 56 HIALEAH I) 1067 GENTILE oJARVIS .10 l7 n HINSEERGER Me7 tzOer, 0- 909 907 MASON BRADY JORGENSEN 1 848 CHALFANT N T1 O Z 981 'N] 829 p M 795 749 701 641 A Ito 11 73 A - D Z PI M m zPI P1 Ci/ 700 847 OLSEN m FAURE A 803 936 r 78 LA PAY m r O 784 DJ 71 m 0 i -- • .; , .„._.„; , ,00Z 6 t 8dV i i G _..1,0:.,c.)A 0,.-1.3oAt 4o_i wir 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- •i- 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 jfjl � j ��- j{..3r)s..r441 0/ /00 ---- 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 1504 555 79 rt - 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 0 0 z 0 rn r r- FIM g� Fit i 1 3 i 3 � f I 1 8 1 € I fff E 1 I I 1 213"i mmim 4