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Minutes - 2006 - City Council - 02/21/2006 - Regular i EAGLE CITY COUNCIL Minutes February 21, 2006 THIS MEETING WILL BE HELD AT THE EAGLE SENIOR CENTER HEarly Start Time for Pre-Council** PRE-COUNCIL AGENDA: 5:30 p.m. - 7:30 p.m. 1. Review of Acoustic Treatment Proposal for new Council Chambers. - Pritchard H. White, Ph.D., M.E. Mr. White provides Council an overview of his two reports and his recommendation for acoustic panels be installed in the Council chambers. General discussion. 2. Review of Audio Visual Systems Design for new City Hall- AA Tronics. Ethan Wheeler and Rick Stanley provide Council an overview of the proposal for the audio-visual for the new city hall. General discussion. Mayor calls a recess at 7:05 p.m. Mayor reconvenes the meeting at 7: 15 p.m. 3. Mayor - Healing Field DVD Presentation. A DVD presentation of the Healing Field is played for the Council. General discussion. 4. Mayor and Council's Report: Moved to end of Agenda 5. City Engineer Report: Moved to end of Agenda 6. City Clerk/Treasurer Report: Moved to end of Agenda 7. Zoning Administrator's Report: Moved to end of Agenda 8. City Attorney Report: Moved to end of Agenda REGULAR COUNCIL AGENDA: 7:30 p.m. I. CALL TO ORDER: Mayor calls the meeting to order at 7:30 p.m. 2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT: Justin Alderson, wants to know the results of the meeting with Idaho Power in regards to the substation at Linder and Beacon Light. Mayor provides an overview of the meeting. This is outside the jurisdiction of the City. Ada County approved the substation. Idaho Power will have to come to the City of Eagle for the transmission lines through the City under a conditional use permit. Mayor provides an overview of the meeting today with the City of Meridian in regards to each cities areas of impact. 5. 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 Mayor, a Councilmember, 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 City Council. . Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Claims Against the City. Page 1 of8 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-21-06mmdoc B. Minutes of February 14,2006. C. DR-lOS-OS - Two Buildine: Wall Sie:ns for Evan Hathawav DDS - Dave Evans Construction: Dave Evans Construction, represented by Travis Burrows, is requesting design review approval to construct two building wall signs for Evan Hathaway DDS. The site is located on the south side of East Iron Eagle Drive within Rocky Mountain Business Park No.3. (WEV) D. DR-1I3-0S - Multi-tenant Office Buildine: within Windine: Creek East Subdivision- Eae:le Buildine: LLC: Eagle Building LLC, represented by Brian DeHaas, is requesting design review approval to construct a 10,000-square foot multi-tenant office building. The site is located on the south side of East Winding Creek Drive approximately 200-feet east of East Hill Road (Lot 9, Block 2, Winding Creek East Subdivision, formerly known as Hill Creek Business Park Subdivision). (WEV) E. DR-1I4-0S - Master Sie:n Plan for a Multi-Tenant Office Buildine:. Includine: One Buildine: Wall Sie:n for WRG Desie:n Inc. - WRG Desie:n Inc.: WRG Design Inc., represented by Brian DeHaas, is requesting design review approval of a master sign plan for a multi-tenant office building, including one building wall sign for WRG Design Inc. The site is located on the south side of East Winding Creek Drive approximately 200-feet east of East Hill Road (Lot 9, Block 2, Winding Creek East Subdivision, formerly known as Hill Creek Business Park Subdivision). (WEV) F. DR-In-OS - Two-story Multi-tenant Office Buildine: within Eae:le River Subdivision _ Dave Evans Construction: Dave Evans Construction, represented by Travis Burrows is requesting design review approval to construct a 34,750-square foot two-story multi- tenant office building. The site is located approximately 75-feet east of East Shore Drive on the north side of Riverside Drive (Lots 10 & I 1, Block 3, Mixed Use No.5 Subdivision). (WEV) G. DR-1I8-0S - Master Sie:n Plan For A Two StOry Multi-Tenant Office Buildine:- Dave Evans Construction: Dave Evans Construction, represented by Travis Burrows, is requesting design review approval of a master sign plan for a two story multi-tenant office building. The site is located approximately 75-feet east of East Shore Drive on the north side of Riverside Drive (Lots 10 & 11, Block 3, Mixed Use Subdivision No.5). (WEV) Bastian moves to remove Items A and D from the Consent Agenda. Seconded by Nordstrom. ALL AYES: MOTION CARRIES..................... Bastian Moves to approve the Consent Agenda as amended. Seconded by Bandy. ALL AYES: MOTION CARRIES.................. A. Claims Ae:ainst the City. City Clerk: There were no claims against the City that needed to be approved tonight. D. DR-I 13-0S - Multi-tenant Office Buildine: within Windine: Creek East Subdivision - Eae:le Buildine: LLC: Eagle Building LLC, represented by Brian DeHaas, is requesting design review approval to construct a 10,000-square foot multi-tenant office building. The site is located on the south side of East Winding Creek Drive approximately 200-feet east of East Hill Road (Lot 9, Block 2, Winding Creek East Subdivision, formerly known as Hill Creek Business Park Subdivision). (WEV) Guerber: I have inquiries of why there are two different sets of antique street lights being installed within Winding Creek Subdivision. Zoning Administrator Vaughan: Street lights on State Street meet the City standards. The lights in the interior and parking lots are a different style. General discussion. I will look into this and report back to you. General discussion. Guerber moves to approve DR-1I3-0S - Multi-tenant Office Building within Winding Creek East Su bdivision. Seconded by Bastian. ALL AYES: MOTION CARRIES..................... Page 2 of8 K:\CQUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-21-06mlndoc 6. PROCLAMATIONS & RESOLUTIONS: A. Proclaimine: March as Red Cross Month. (NM) Mayor introduces the issue. Nordstrom moves to approve Proclaiming March as Red Cross Month. Seconded by Bastian. Discussion. ALL AYES: MOTION CARRIES.................... 7. FINAL PLATS: None 8. 8. PUBLIC HEARINGS: A. A-08-0S/RZ-12-0S/PP-1I-0S Park Place Gardens Subdivision - Park Place Partners LLC: Park Place Partners, LLC, represented by Bill Clark with Clark Development, is requesting an annexation and rezone from RUT (Rural Urban Transition) to R-2-DA (Residential 2-units per acre with a development agreement), and preliminary plat approval for Park Place Gardens a l26-10t (112-buildable, l4-common) subdivision. The 95.32-acre site is located between Meridian Road and Park Lane approximately 1,300 feet north of Floating Feather Road. (WEV) Mayor introduces the issue. City Attorney Buxton: Discusses the City's posting requirements for public hearing. The original sign posting on the property stated the public hearing was before the Planning & Zoning and not the City Council so that is the reason for continuing the public hearing to tonight. Rondo Fehlberg, applicant, we have a transcript from the January 24, 2006 City Council hearing and it will become part of the record. Provides an overview ofthe project and displays presentation boards. Phil Hull, The Land Group, representing the applicant, provides Council an overview of the projects. Discusses the lot sizes, pathway and vehicle connectivity. Discussion on the canals and open space. Nichole Baird Spencer, Planner, Provides Council an overview of the project. I have provided a new Memo tonight Titled 8A. General discussion. The Planning and Zoning Commission has recommended approval. General discussion. Mayor opens the Public Hearing Mayor swears in Crystel Menefee. Crystel Meneffe, Park Place, would like the Council to leave it be. Mayor swears in Greg Johnson. Greg Johnson, 1848 N. Clarian Way, what does it do for the Council to represent the residents that are here. Discussion on the lot sizes. Mayor swears in David Anderson. David Anderson, 3596 W. Siena Court, I am a native Idahoan and I am President of the Cavallo Homeowners Association. We have organized as subdivision and we have had many meetings and written many letters. Discussion on having larger lots, we are not trying to exclude anyone. This is a beautiful project and a beautiful subdivision but not in the middle of this area with 2 acre lots. Discussion on traffic. The whole reason we have come out is for bigger lots. Mayor swears in Justin Alderson. Justin Alderson, 234 N. Bottle Place, discussion on safety on Dry Creek. Discussion on planning and transportation corridor. Discussion on the Legacy development. Page 3 of 8 K:\COUNCll\MINUTES\Temporary Minutes Work. Area\CC-02-21-0Bmindoc Mayor swears in Denise Abbott. Denise Abbott, 3433 W. Saito. I am recent to Eagle from California and we moved here because be have land that we never had before. I'm concerned about where the kids are going to go to school. General discussion. Mayor swears in Dwayne Lingel. Dwayne Lingel, 2440 N. Park, My family has been here since 1954. There has been a lot of change to the community since you people have moved here. I feel there has been a huge compromise to the project. I support the developers who have been willing to make the changes. I think many of the people who have bought could have done their own research on the area. I have looked at the Comp Plan and it was noticed, I found it in the newspaper. Mayor swears in Brent Thompson. Brent Thompson, 1032 Great Basin, Meridian, my business is going to be in Eagle, I am with the developers. We did not come into the city to cause contention. We have tried to satisfy and mitigate the concerns of the citizens. I know that not everyone is going to happy even with the changes that we made. We did not have this many people at our neighborhood meetings. Discussion on the changes that were made. Mayor swears in Max Roberts. Max Roberts, 1002 E. River Song Drive, I am a transplant here as most of you are. This subdivision will have quality homes. The homes will cost $1 M. I am for the project. The developers have done an excellent jot. Land around Eagle is going fast. Mayor swears in Jason Perry. Jason Perry, 2458 N. Bottle Creek, discussion on property values. My main concern is traffic. Park Lane will take the brunt ofthe traffic. It's big landowners versus little landowners. I think they have done a good job. Hopefully this will increase the quality of life in Eagle. Mayor swears in Randy Hallman. Randy Hallman, 4807 W. Little Feather Lane, we will make some changes as the City grows. I wish when my kids walk their sheep and horses through the area that people would not complain about the droppings. This looks like a good compromise. Mayor swears in Becky Callister. Becky Callister, 2873 W. Wind Drive, discussion on the Comp Plan. Discussion on spot zoning. Why is this subdivision getting preferential treatment. Discussion on lot sizes. Reads a statement off from the City website. I heard that the City was threatened with a lawsuit. General discussion. City Attorney Buxton, there has been no threat of a lawsuit against the City except for the people in your area. Mayor swears in Eric Liyl. Eric Liyl 2257 Park Lane, I live right across the street from this project. I basically agree with what everyone has said in opposition to this project. Discussion on traffic and infrastructure. Mayor swears in Ted Martinez. Ted Martinez, 1875 Spring Point Lane, 1 have lived in Eagle for 17 years. People who benefit from developers are the people who live in the homes. Discussion on the neighborhood meetings. This compromise is very good and will benefit the neighborhood. The comp plan had been changed prior to people moving into Cavallo Estates. Page 4 of8 K\CQUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-21-06min.doc Mayor swears in Steven Edwards. Steven Edwards, 3405 W. Deerfield, I am here as a representative of Buckhorn Estate. There is a general agreement that this proposal is not in the best interest of the City of Eagle. Discussion on traffic. Discussion on development in the City of Boise. I'm happy to say that this Council is more open and honest than in Ada County. Mayor swears in Lynn Proctor. Lynn Proctor, 3665 W. Tabasco, the people that get up here and have issues seem to be the people that have been here the shortest time. Discussion the size of the lots. This area was initially 5 acres and it has changed to 2 acres and then to 1 acre. Mayor swears in Mike Hillfuller. Mike Hillfuller, 1753 N. Chalcer Way, discussion on compromise. This was the wrong plan for the area to begin with. This is not a good compromise. My main opposition if traffic. Discussion on neighborhood connections. We all think that we are being treated unfairly. Mayor swears in Lane Kofoed. Lane Kofoed, as a realtor I knew what was going in this area. Discussion on the various meetings. Most of the testimony is coming from a very small portion of the City. This is a very small group of self- interest. Discussion on comp plans. Mayor swears in Gary Brandecker. Gary Brandecker, 917 N. Colony Way, we are one acre lots and our concern is traffic. May concern is planning. Mayor swears in Ken Tanner. Ken Tanner, 4845 W. Bluefield Court, discussion on the comp plan. Reads statements found on the City website. This density does not make sense to the surrounding area. Mayor swears in Bryan Trumble. Bryan Trumble, I am a 10 year resident of the City. I have been to most of the meetings. From one plan to the second plan is great. Discussion on quality of life. Discussion on traffic. Discussion on the livestock in the area. Mayor swears in Chuck Rosco. Chuck Rosco, 2634 E. Gladstone Court, I'm an Idaho native. This is great looking project. This project still does not fit. Mayor swears in Joel Barker. Joel Barker, I'm representing the Colony. I'm concerned about the density. General discussion. Mayor swears in Cheryl Westover. Cheryl Westover, this subdivision has not been sold yet. There are quality builders that want to build in this subdivision. This is a first class development. Discussion on traffic. This is a great subdivision. Mayor swears in Chad Moffit. Chad Moffit, when developers do a development there is a lot of heart and work put into the project. This is a nice subdivision. There a lot of people who would like to live in Eagle. Sometimes large lots are not the best use of land. Page S of8 K\CQUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-21-06min doc Mayor swears in Megan Taner. Megan Tanner, 4585 W. Boothill Court, I am a student at Eagle High School. Discusses traffic. Discusses crime in the area. I want to keep the open spaces. Mayor swears in Dustin Simpson. Dustin Simpson, I moved up here from California. Eagle has a reputation as being uppity. Discussion on the price ofland. We have downsized because we didn't want 5 acres any longer. This still mean I can't live in Eagle. This project is great. Mayor swears in Ron Graff. Ron Graff, 3951 Deerfield, this project is in the wrong place. I've come from California and I've seen this same thing happening. We moved here to have open space. Mayor swears in Todd Mutz. Tod Mutz, my concern is traffic and density. Mayor calls a recess at 9:55 p.m Mayor reconvenes at 10:05 p.m. Rondo Fehlberg, discusses the original plat and the modified plat which was further modified. The current plat you have not seen tonight. We plan to be here a long time; we have over 700 acres in Ada County. This is an extraordinary City Council. We are working with the Meridian School District for an elementary school location just north of this property. Discussion on the traffic. The project has been approved by ACHD. Discussion on building two acres with septic tanks. We have to have these types of projects to bring in the funds to take care of the infrastructure. General discussion. General discussion. Mayor closes the Public Hearing. General Council discussion. Bandy moves to approve A-08-0S/RZ-12-0S/PP-ll-OS Park Place Gardens Subdivision - Park Place Partners LLC with all of the Site Specific Conditions of Approval and the addition of the Development Agreement. Seconded by Bastian. THREE AYES: ONE NAY: MOTION CARRIES... ... ......... ...... ... ... Mayor calls a recess at 10: 55 p.m. Mayor reconvenes at II: 15 p.m. 9. UNFINISHED BUSINESS: None 10. NEW BUSINESS: A. Action on Acoustic Treatment Proposal: (SKB) Mayor introduces the issue. Guerber moves to table this matter until the February 28, 2006 City Council meeting. Seconded by Bandy. ALL AYES: MOTION CARRIES...................... B. Action on Audio Visual Svstem Desie:n Proposal: (SKB) Mayor introduces the issue. City Attorney: Discusses the terms of the contract. These terms are going to be changed because we are a government entity. AA Tronics will provide a new contract. You can go ahead and approve proposal and authorize the Mayor to sign. Page 60f8 K:\CDUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-21-06min_doc Bastian moves to approve the audio/visual system design as proposed including the wireless microphones in the amount not to exceed $9S,000.00 and authorize the Mayor to sign the contracts. Bastian: A YEj Guerber: AYE: Nordstrom: AYE: Bandy: AYEj ALL AYES MOTION CARRIES.............. C. Request for boIIards alone: Brookwood pathwav entrance: (NM) Mayor introduces the issue. General discussion. Bastian moves to approve the request for bollards along the Brookwood pathway at Eagle Road not to exceed $S,OOO.OO. Seconded by Nordstrom. Discussion. Bastian: AYE; Guerber: AYE: Nordstrom: AYE: Bandy: A YEj ALL AYES MOTION CARRIES.............. E. Lack of construction vehicle access to Rine:o Ride:e Subdivision. (SEB/WEV) Mayor introduces the issue. City Attorney Buxton: This item deals with the Agreement we entered into in December regarding several items one of which was the requirement for a construction access for their use so they could avoid going through the residential neighborhoods. Apparently that has not taken place and I think this could eventually be a breach of contract which we would have to threaten litigation with regard to the enforcement of that Contract. I ask that the Council move into Executive Session on that basis. 11. EXECUTIVE SESSION: A. Pendine: or Threatened Litie:ation: I.c. 67-2345(f) Bastian moves to go into Executive Session for the discussion of pending or threatened litigation according to Idaho Code 67-234S(t). Seconded by Nordstrom. Bastian: A YEj Guerber: AYE: Nordstrom: AYE: Bandy: AYE; ALL AYES MOTION CARRIES.............. Council goes into Executive Session at 11 :25 p.m. Council discusses pending or threatened litigation. Council leaves Executive Session at 11 :50 p.m. PRE-COUNCIL REPORTS CON'T: Mavor and Council's Report: Mayor: Reports on a possible equestrian center. Discussion on the Title 9 money. General discussion. Discussion on a community college. Discussion on sewer package plants. Zoning Administrator's Report: Discussion on the State Farm monument sign. City Engineer Report: No report City Clerk/Treasurer Report: No report City Attorney Report: No Report 12. ADJOURNMENT: Bastian moves to adjourn. Seconded by Bandy. ALL AYES: MOTION CARRIES............ Hearing no further business, the Council meeting adjourned at 12:30 a.m. ......., Respectfully submitted: "'l OF e.'~ \ 1\ ",~......... <10 ~.. ~~~~ ~~ COv.POIt~~-{(t>~f. SHARON K. BERGMANN [ · ~ \ 'J CITY CLERK/TREASURER 'i. S S-A-t ..}. \II" ('\0 .."_ ,. ....... Q ,-- Page 7 of8 Ii OF IV ~ ~~.. K:\CQUNCIL\MINUTES\Temporary Minutes Wor1<. Area\CC-02-21- jili...."" Page 80f8 K:\CQUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-21-06mindoc f iid red 1 �erq, Eagle City Council Feb 21, 2006 RJF Discussion Notes1 /a{1 Introduction • Excuse Bill Clark — consistent local face, forgotten more about development in Eagle than many of us know. • Apologies to Council/Mayor for re -hearing, but due to questions about proper notice all concluded this is necessary. Want this to be right — above reproach. • Incorporate entire record from January hearing, including Council comments, recommendations and conditions. • For benefit of those who may not have attended or had opportunity to review record — brief project summary, reserve further comment for rebuttal. Proiect Summary Apr 2005 July 2005 Aug 2005 Aug/Sep 2005 Oct 2005 Nov 2005 Dec 2005 Jan 2006 Feb 2006 REPC to purchase property from Foad Roghani Park Place Gardens Pro Forma P&Z Staff recommends approval of 190 lot subdivision Concerns expressed by neighbors, plan revised. Postponed P&Z hearing re: revised -pr — tom bet with Staff/neighbors to work for further compromise. VA' (Not Required) City re -visits Soaring 2025 Plan. P&Z re -affirms S2025 process, declines to recommend changes. P&Z Hearing — recommends approval 5-0. City Council Hearing — approves 3-1. Questions about proper notice result in re -hearing — No changes in facts! Complete purchase (Invested more than $10mm) Council Re -Hearing. 1 Eagle City Council Feb 21, 2006 RJF Discussion Notes2 Voluntary Compromises "Too Dense" "Need Perimeter Transition Lots" "Cut -through Traffic" "Continued Canal Access" Reduced lots from 190 to 112 Nearly 20% open space (10% required) ($150k/lot = $11.7mm lost revenue) Created 11 transition lots from 1.1 ac (1 lot) to 1.97ac., all w/ greater abutting frontage than neighbors, despite market research & strong evidence of lower demand for larger lots. (<$6mm lost revenue) (18x3=54-11=43x$150=$6.45m m ) Complete street redesign (see plat). Included Cavallo rep (Chuck Roscoe) in ACHD mtgs. Asked ACHD to permanently stub Caretto Way (declined — explain `interconnectivity'). Agreed to cul-de-sac Central Park Dr., making canal bridge pedestrian only (w/ emergency access). Eliminated Cedar Breaks Way (off Park Lane). Agreed to create traffic calming entry/exit points. Comprehensive path system includes entire canal. "Need Privacy from Re -designed perimeter path system, created Walkers/Joggers" landscape berm. Eagle City Council Feb 21, 2006 RJF Discussion Notes3 Summary Worked w/ City from beginning to ensure consistency w/ S2025 — used Staff recommendations, guidelines from outset. (Haven't forced our agenda.) Original project was great — beautiful, walkable community, high demand. Will be built in Eagle, just not here. Re -designed project, with major neighborhood compromises, still great. Major asset to community. Interest high -- major buzz. Consistent with S2025 • Well below recommended R2 zoning. • Stems further septic tank pollution/environ deterioration. (3rd world country?, Ada County set 2 ac minimum) • Funds crucial infrastructure investment (water, sewer, etc.). • Walkable community great benefit to nearby Eagle HS. AU traffic impacts well within ACHD guidelines. Working w/ Meridian School Dist to locate planned school site on north parcel (Beacon Light frontage). 126 AD_...v-wc 3 Excerpts from Eagle City Council Comments January 24, 2006 Councilman Bandy "... does a $350,000 two -acre lot support diversity in Eagle? I don't think so.. . So in my mind, if we're talking about diversity ... in the community ... this is kind of an inevitable step in some of these areas ... where we're trying to transition from ... five [to] two -acre lots and then [from] two acres into the planned unit developments. I think the developers made a lot of concessions and compromises to try to make that transition fit. They're fitting the comp plan designations. They are -- definitely are trying to work with their surrounding neighbors to get that transition with the lot lines and those sorts of things. So in my mind, it fits with the direction we're looking at. It fits into the comp plan designations and in that area." President Bastain "One of the things that I have always insisted upon is interconnectivity of communities. We will often have a subdivision saying, We don't want to be connected to the subdivision next door, because those people might come through and use our streets. And that's exactly what I'd like to see happen .. . Children in school, grade school, middle school, high school, develop friendships [and] are going to want to visit each other, and that's what makes us a community. If we become isolated and not connected, we're no longer a community, but we're just little chunks of islands out there. ... I don't see anything wrong [with] having smaller lots next to larger lots next to big Tots. I think healthy communities are built by a weave of different lifestyles and different income levels, [and] socio-economic patterns. Young people that grow up in neighborhoods where they can associate with different individuals — and of course, they have the pathways and the walkways and so forth that allow them to interconnect. So I think this is an appropriate development. It is not exactly like the developments around it. It does not maintain the two -acre lot size. But it does offer some very attractive things. It offers some open space, it offers a ... community pool, it offers walking pathways, things like that. Do you think people want to buy into this community? I think so.... I think we have a great community. I think we have to make allowances for diversity, and I will vote in favor of this proposal." Councilman Guerber "1 don't think the subdivision is going to lower property values . . . I have not seen anywhere in Eagle where developing even smaller lots in the ... vicinity of larger lots has dropped prices. I think with the transitions that are built into this ... it is an example of something that is a good subdivision ... and I'm favorable." Councilman Nordstrom Before saying that, although he was voting against the development, he could be easily swayed the other way, Councilman Nordstrom said, "For the record, I think this transition they've come with is an amazing change, and I think it's a heck of a nice looking subdivision. 1 think when you get this boiled down to 1.17 acres per unit, I think they've tried awful hard." EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Subject: A-08-05/RZ-12-05/PP-11-05 Park Place Gardens Subject -February 21, 2006 ADDRESS/ TELEPHONE ,SUBJECT J ge4 1����� "Ra/ -(1)'Poi b YfhHJ`N� S�,J NAME Subdivision — Park Place Partners LLC 7:30 p.m. LA i f/LL - 4CalA 9 -?(e' -e97? 5 1,%d 57 3 - 7 \-3/ nn►1a ifsf 93q 767.0 -`/(1 i (136 -/c3 `1 3S _y$1f 1St- 9v, C - %g - I Rrlc.-Pl ace i -IS7), Pdi (?I ) 1,-0-1) N' f t, f 9)5 / K / - -L Q�4Pa� 'LAC£ 7 7 ( ( VT- ire. 6 r 47/-oyss- c)3 8 6-,e0 `ts'y 7 )6 T,4/ A' /7e /4c4: 9 3 3 )0/ P Q_ `I 3_-370t IP -LIQ r�,\c i`. ..,OL,-= 1 AP/cir w 44. k 14_ e Page l of -- I-1.\000NCIL AGENDAICCSIGNLIP WPI) TESTIFY YES/NO? 13 0 y es . VEj AA) 66 I 3-126 PRO/CON (,), Com✓ eLC- Cc ?� e Cot- yvg *PIA' 4-00444' r EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Subject: A-08-05/RZ-12-05/PP-11-05 Park Place Gardens Subdivision — Park Place Subject -February 21, 2006 7:30 p.m. ADDRESS/ TELEPHONE SUBJECT NAME tt., 62 / 1iL' Z !be * °?&&lL 6/144 if--) /e2/( f c r � �3r 'SrS 37 -/s/S g3c1 c/I59 PArh-?kie >�l-7' k 17101& 737, -(cc Park Pla<r, Jea j -rL / 36. 5906 k�fr;� fMEJ�fI•��-i c37 Iy`18 it A it k PA AC �L I 939-411ctI e i ////(,- /�( , VLe._b-(c4J/Yic Q.- J.- V 1 (5 1 r lle Karn a,.(0- - - Pte-- iaG..e_ ?3(AJoa ,KQ 93k- a223, 1)Av( We /erj 04 93 1(�-1.17 /2 ra r:-.61; le-el- 116 fro Page i -of 1- . 11 \COUNCII.IAGINDA\CCS IGNUI'.WPI) Partners LLC TESTIFY YES/NO? PRO/CON D NO Co n) �v✓ caves PS C t�YL YE 5 COO /c 742 o / J . RL' ef'� nfc C.0 ft;) l ti's .a cow e S eeo /1/ 0 X c. A PRS c 33� il. h" EAGLE CITY COUNCIL MEETING CERTIFIED TAPE TRANSCRIPT EAGLE CITY COUNCIL Park Place Gardens Subdivision January 24, 2006 EAGLE CITY COUNCIL Park Place Gardens Subdivision January 24, 2006 Pm! 1 PROCEEDINGS fee 2 RONDO FEHLBERG: My name is Rondo 3 Fehlberg. I'm with Park Place Partners. I reside r 6 a long evening. I'll try not to make it too much 00 7 longer. 8 This has been a long process. It's been a 9 process that as -- as Bill and Doug have mentioned, 10 has lasted many months, but I believe it's been a 11 very constructive process. It's been a helpful 12 process for all of us, though it has been at times 4 at 14 North 920 East in Orem, Utah. Delighted to be 5 with you here this evening, and I know this has been 00 13 painful. 14 The transition from where we started to 15 where we are has been quite a remarkable one, and 16 there have been a number of meetings. Many of the 17 people who've participated in those meetings in the 18 neighborhood groups are not here tonight, but some 19 are, and they have slogged through this every bit of 20 the way with us. 21 There have been times when we've sat 22 over -- over plats and maps and drawings in work 23 sessions where we really couldn't agree much -- with 24 much of anything. There have been other times when — 25 we found compromises, and it's worked well. 2 1 And to their credit, we invited OM 2 neighborhood representatives to participate with us 3 in some of the presentations to ACHD and other am 4 things we've done, and they've come along and 5 helped. And it's been -- it's been a good process. min 6 The things that we would like to emphasize 7 now as part of the developer group is that there has 8 been an extraordinary amount of process and a lot of alb 9 good work that's gone into this. The reduction has 10 been significant in terms of densities, though the ms 11 original densities were consistent with the 12 Soaring 25 plan, and we think, as Bill said earlier, a4 13 it's a great plan, and it will be built in Eagle. 14 And we think it's a product for which ao 15 there's a lot of demand, but we understand now the as 16 importance of our role as -- as transition into this 17 new 20/25 plan, and we've accepted that. We've 18 listened carefully to -- to you, to the mayor, to 19 staff and accepted that role, and that has resulted a4 20 in the plan that you see here. 21 There were a couple of points that I think n o 22 I would like to emphasize as part of this. One is 23 that we very much wanted a walkable, liveable 24 community, one that would not just embrace those who _ 25 are resident in the community, but would embrace 3 ale fail as 1 also those who are moving in from neighboring ao 2 communities and passing through. We want kids to be 3 able to get on their bikes and get together and do dim 4 things like that. 5 As a concession to the Cavallo m. 6 neighborhood, we did propose initially to close off 1.4 7 the stub street, but it has now been insisted by 8 ACHD that it be a through -- or that it be -- that 'N 9 we go ahead and open it on through, and so as you 10 can see, in the street redesign, a -- quite a a. 11 remarkable meander where it's -- it's almost 12 inconceivable that someone's going to use it now as 13 a cut -through, because they have to make so many 14 turns through the neighborhood to do that that we mo 15 now think that that is going to work, and certainly a. 16 that's been welcomed by the residents to the south 17 of us. 18 The other thing that was a concern was 19 this transition and the match up of lot lines. om 20 Originally, in the plan that you see over here, 21 which is no longer going to be used, the lot lines 22 were almost one for one on the south with the 23 Cavallo neighborhood. And so if you'll look close 24 there in the background, you can see those lots 25 matching up pretty much straight across. ali 4 NM 1 We've now reduced that by two lots, and so 2 there's now less apparent density on our side than 3 on the other side, just because of the way the lot 4 lines match up, because our transition lots are not 5 as deep. 6 There was a lot of discussion about that 7 park -- that pathway along the south side at the 8 Planning Commission level, and there seemed to be a 9 lot of support for having a pathway there, but there 10 was concern by the residents of Cavallo. And in the 11 end, we decided that that private property right was 12 the more important one, since we could find a way to 13 create a pass-through. And so I'm going to take 14 just a minute and trace that for you so that you can 15 see this walkable part of the neighborhood, and I 16 apologize that I'll move away from the microphone. 17 This was one important area that really 18 came from the neighborhood, and we appreciate it. 19 We did not have an entry pathway from the corner, so 20 as kids come down Meridian, now immediately on 21 arriving at our corner, if they haven't come into 22 Henry's North Forty, they can now come in right here 23 and enter our pathway system, and we believe that's 24 a benefit as kids come through and work their way 25 down toward the high school. 5 alb OM 1 This pathway now, instead of coming clear 2 to the bottom perimeter of the development, turns 3 right here, and as was mentioned by Doug, works it's 4 way in through the perimeter of the development and 5 comes out right at the corner, almost where it would 6 have before. So it's -- it's a little bit longer 7 pathway, but we believe it's a nice meander, and it 8 will work, and it respects the privacy of Cavallo to 9 the south. 10 We do have a landscape plan here that will 11 create further privacy, and that will then be put on 12 the site, and then become the responsibility of each 13 homeowner as part of their landscape development 14 plan. So as part of our design criteria, we will 15 work with the landowners to develop that landscaping 16 plan along the back perimeter, so that visually it 17 won't look much different, but it will not have any 18 pedestrian access across the south. 19 The other thing that we felt was an 20 important design element here was to try to avoid 21 any of the pass-through east/west concerns that the 22 people in Canterbury had, and we wanted to respect 23 the people in Canterbury, especially in terms of the 24 additional traffic that might be created there, and 25 so we were delighted when ACHD allowed us to close 6 ma M. MO mm OM sow INN OM ION r- 1 that off, but keep it subject, of course, to the 2 irrigation company design requirements to keep that 3 available for emergency access. 4 Once again, there -- we accept the 5 Planning and Zoning Commission's recommendations and 6 their findings, top to bottom, with these two 7 exceptions, and I want to point them out, because we 8 don't want to be inconsistent with what they've 9 said. 10 The two changes that are not in their 11 recommendation are as follows: 12 As was discussed by Doug, we took one lot 13 here to create more match -up to the north, and we 14 placed it here where there really is no transition 15 needed, because there's really no neighbors here to 16 the south. 17 And that is not part of the plan, but we 18 were approved for an overall density and a lot 19 number, and this keeps it consistent with the number 20 of lots in the overall density, so there's really no 21 change in intent, but just an adjustment, which we 22 spoke -- which we discussed with staff. And so -- 23 and so we went ahead and did that, even though it 24 didn't end up being part of what was voted on. 25 I think there's one last thing that I'd 7 1 like to say, and that is that this has been a long 2 process. It's an expensive process. You know that. 3 We are anxious to move to an end with that and move 4 on. We are concerned, obviously, as anyone else is, 5 that if we don't reach the end of it, then the 6 financing that we have arranged for this whole 1.1 7 process goes into jeopardy, and we don't know where 8 that would end out. 9 But we certainly would not want it to 10 jeopardize our ability to work with you on this 11 project, because we think it's a great project. We 12 think it is the essence of Soaring 20/25, and we OM 13 know that the compromises we've reached with the 14 neighborhood have brought our densities down lower IMP 15 than envisioned in the plan, but we think that's — 16 highly appropriate in this transition development. 17 Thank you very much. 18 THE COUNCIL PRESIDENT: Thank you. 19 Any questions? 20 Thank you. 21 RONDO FEHLBERG: Thank you. imm 22 THE COUNCIL PRESIDENT: Staff. 23 NICOLE BAIRD SPENCER: Nicole Baird aq 24 Spencer, Planner 3, for the record. nig 25 Park Place Gardens, plan G and 8 ao gal amwMEMN 1 development. Want to go over a little bit about 2 just the generalized area that we're at. The 3 proposed project is north of Floating Feather, lying 4 between Park Lane and Meridian Road. It is in the 5 area that -- I think has now coined the termed the 6 East Linder Planning Area. 7 Though that comprehensive plan amendment 8 failed, this was the area that was redesignated in 9 the Soaring 20/25 plan as a transitional area to 10 receive additional -- a new land use designation of 11 residential 2, with additional comp plan policies 12 dealing in that land use action with providing 13 transition and buffering to existing developments. 14 The proposed application -- I want to -- I 15 want to address a couple of things. First thing is 16 this is the application -- this is the submittal you 17 have reviewed in your packet. If you look at your 18 submittal that -- that the applicant has provided 19 you, it was received by the city on January 19. 20 Staff has not completely reviewed it. We 21 reviewed the request, and per se do not have a 22 distinct issue with it, but they do not -- that 23 submittal does not address all of the concerns of 24 The Planning and Zoning Commission for -- it -- 25 Planning and Zoning Commission never recommended the 9 1 relocation of the path to the south. Planning and 2 Zoning Commission did request the buffering lots to 3 all be at a 20 percent reduction, and further, it 4 relocates a lot. 5 The plot that you have before you that the ..o 6 applicant does submit does have some issues with it. 7 It has some block numbering issues, it's got some 8 note issues that have not been specifically detailed 'ain 9 out by the city engineer or from city staff. 10 Our concern with that, though conceptually arr ® 11 you may want to address that tonight, we would have 12 some concerns if we acted on this without some type ss 13 of discussion or direction from council to make sure 14 that the submittal that is provided to us for 15 final -- for the preliminary plot approval is 16 actually accurate and meets the standards of the 17 City of Eagle. °" 18 So with that said, I'll move forward. The 19 Planning and Zoning Commission did recommend 20 approval of this application five to zero allowing 21 for a 20 percent reduction in what we called buffer 22 lots, the perimeter lots, the transition lots. 23 Staff recommendation and identification of .o 24 those lots are in red. It was basically all the _• 25 lots that abutted existing development or the 10 Pq Pq 124 r Pa 1 exterior of the site. The only separation or 2 removal of those areas were lots that fronted on 3 Park Lane or Meridian Road. So you have a lot here, 4 and then the lots along Park Lane that did not 5 specifically abut an exterior property line. 6 That was staff's recommendation. The 7 Planning and.Zoning Commission then also recommended 8 on top of that that rather than having a compatible 9 lot be a same -sized lot, a 1.44 acre lot would be 10 considered a compatible or transition from a 1.8 11 acre lot. 12 In many ways, this application addresses 13 several of the policies of our comprehensive plan 14 and meets the intent of both the Soaring 20/25 plan 15 and several of the polices dealing with the city 16 2000 comprehensive plan, mainly being connectivity 17 of roadway systems and the density of the overall 18 development is only 1.7 units per acre. 19 And they have agreed that all lots outside 20 of perimeter lots, which would be an increase in 21 size will meet the 17,000 -square -foot minimum and 22 meet all the setbacks, centered setbacks of that 23 zone. 24 They are providing a pedestrian pathway 25 along the irrigation canal as adopted by our 11 1 preliminary -- our parks and pathways map. They are 2 further providing connectivity at -- I'm going to 3 say the name wrong, because I always do, Caretto to 4 Henry's -- to Cavallo, and then on Corsey to Henry's 5 North Forty at the direction of the Ada County 6 Highway District, and also in keeping with 7 transportation policies of our comprehensive plan. 8 Further, we've already discussed the 9 transitioning of that area. Planning and Zoning 10 Commission recommendations for this application were 11 fairly straightforward in which they identified and 12 clarified which lots were transitional lots. They 13 clarified the lot sizing for a transitional lot. 14 And they placed a note that the proposed bridge 15 crossing New Drake Creek (phonetic spelling) shall 16 be limited to pedestrian only with emergency access. 17 That's the bridge proposed right here. 18 They've also requested that additional 19 signage be placed both at the entrances of Henry 20 North Forty and Cavallo Estates stating construction 21 access prohibited, forcing all construction access 22 to come either from Meridian Road or Park Lane, and 23 not through existing subdivisions. 24 Staff feels that this application has gone 25 far and has tried to meet both the needs of the 12 I a 00 O4 NO ON MO ma OM ma 00 AIWA 04 OR oar 00 asp c W r - ma r SIM 011 1 neighbors and that of the comprehensive plan; do 2 not, per se, have any issue with their proposal but 3 have not had a real chance to sit down and look in 4 detail at the submittal to make sure it meets 5 standard practices for block numbering and plat 6 notes, and we request that any consideration you 7 have for that be made. 8 Stand for questions. 9 THE COUNCIL PRESIDENT: Any questions? 10 No questions. 11 We'd like to now open up the hearing to 12 the public, and we have a number of people who have 13 signed up to testify. I'll limit discussion to 14 three minutes each, and attempt to mix the 15 presentation between pro and con, so let's take the 16 first person, a Michael Hester. 17 Michael. 18 MICHAEL HESTER: Michael Hester -- oh. 19 THE COUNCIL PRESIDENT: Do you swear to 20 tell the truth, the whole truth and nothing but the 21 truth in the matter now before us? 22 MICHAEL HESTER: I do. 23 Michael Hester. 3950 West Night Hawk 24 Lane, Eagle. I live in the house right here, which 25 is right to the north. We have two -acre parcels 13 ►: 4 Imq Fa m r r A 1 here. 2 My concern is it looks like there's just 3 like -- there's not much of a transition on that 4 north side there. I mean, we have two -acre lots 5 here. I know Henry's has two -acre lots. This is a 6 seven, this is five. Why is this dense acre -- or 7 you know, real small lots, and it looks like they 8 just put two token lots up there just to try to get 9 the minimum effect there, versus -- to me, a 10 transition says that you should start with a larger 11 lot, go down to a medium lot, and then go down to a 12 smaller lot instead of just putting two lots there 13 that say, Okay, this is our transition, and they go 14 immediately to .4 acres on everything else. 15 I mean, to me, the density still seems 16 high. I know they've said they've dropped it down, 17 but, you know, my feeling is -- and then you've 18 heard this from the prior meetings that we've gone 19 to is, you know, we feel that we got cheated out of 20 this -- our two -acre minimum there when the 21 comprehensive plan was changed last year, but -- I 22 won't go there, but if you truly want to do a 23 transition, I think there should be more buffering 24 around all the existing areas, you know, like I 25 said, from a larger lot to a medium to a small, 14 PIO Isa aq IMM IMM 1 not just put one just -- big lot there and then 2 immediately go to a less than half -acre size, 3 so . . 4 And then also, I kind of wonder what 5 the -- why this isn't transition over here. I mean, 6 the people over on this side have five -acre lots, or 7 something. There's a couple of, you know, people 8 that own property there, but we're still going to 9 these little tiny, tiny .4 acre lots or 17,000 10 square feet, and it doesn't seem like a transition. 11 That's it. 12 THE COUNCIL PRESIDENT: Thank you. 13 MICHAEL HESTER: Thank you. 14 COUNCIL MEMBER: Question. 15 COUNCIL MEMBER: Yes. 16 MICHAEL HESTER: Yes. 17 COUNCIL MEMBER: What would be the 18 appropriate size, in your opinion, of those two lots 19 up above? 20 MICHAEL HESTER: Well, leave those two 21 lots there, make these bigger lots, make these 22 like -- if these are like -- what were they, 1.7? 23 RONDO FEHLBERG: 1.7. 24 MICHAEL HESTER: Make these like about 25 1 -acre lots, and then go down to your half. I mean, 15 OM a•a lag aq OM IM 1 make it a transition. 2 COUNCIL MEMBER: So the ones -- going from 3 2 to 1.7 adjacent to where you are -- 4 RONDO FEHLBERG: Well, that's okay. 5 COUNCIL MEMBER: But, I mean, that's 6 almost like a -- 7 MICHAEL HESTER: Up here, just have two 8 lots here, and then immediately having a -- having 9 small, small lots. I mean, we're going to be 10 setting a precedent here on this whole area by 11 this -- by developing this, and if you guys -- it 12 looks like you do this, it looks like everything 13 else that's going in in that whole area is going to 14 be half, or you know .4 -acre lots and jamming in 15 there. 16 THE COUNCIL PRESIDENT: Thank you. 17 Chad Moffat. 18 MR. MOFFAT: I'm okay. 19 THE COUNCIL PRESIDENT: You're okay? 20 MR. MOFFAT: Yeah. 21 THE COUNCIL PRESIDENT: Okay. And then 22 Dustin Simpson. 23 MR. SIMPSON: I'll wait. 24 THE COUNCIL PRESIDENT: Wait, as well. 25 Okay. 16 1 Layne -- I can't pronounce the last name. MR 2 Layne. 3 LAYNE COLFED: Yes. mu 4 THE COUNCIL PRESIDENT: Would you please 5 come forward. 6 LAYNE COLFED: I just quickly wanted to um 7 say I support Park Place. They've done a tremendous 8 job in making the changes as asked for and as 'mp 9 required by ACHD and the city and planning, so I 10 commend them from the way -- the way they've been -- pm 11 they've been through, like they say, a tremendously 12 long process in this, and I -- PR 13 THE COUNCIL PRESIDENT: Well, we're 14 waiting for me to make a right decision here, and OR 15 that is that we need to get your name and address. MR 16 LAYNE COLFED: Sorry. 17 THE COUNCIL PRESIDENT: And then swear you m 18 i n . 19 Do you swear to tell the truth, the whole mm 20 truth and nothing but the truth in the matter now 21 before us? fam 22 LAYNE COLFED: Yes. 23 THE COUNCIL PRESIDENT: Name and address. 24 LAYNE COLFED: Layne Coifed (phonetic ,R 25 spelling). 22958 Conrad Court, Middleton. 17 1 THE COUNCIL PRESIDENT: Okay, go ahead. 2 LAYNE COLFED: Okay, well, I've said what 3 I wanted to say, and that is that they've been 4 through a tremendously long process, and I certainly 5 support their efforts and their diligence in making 6 the changes, trying to make it a great place. 7 I certainly think that, you know, there's 8 a notion out there that everybody around you has to 9 be the same size, and I certainly don't think that's 10 reality. I think there's -- there's a gentleman 11 here with a 14 -acre piece, and there's a lot of 12 2 -acre pieces around him. 13 I think there's bigger considerations as 14 far as the septic systems in the area and those 15 things that greatly affect our ground water. I 16 think all of those considerations need to be taken 17 into account here, and have been in this process, so 18 I certainly support their development. 19 THE COUNCIL PRESIDENT: Okay, thank you. 20 Jeanine Hester. 21 JEANINE HESTER: (Inaudible). 22 THE COUNCIL PRESIDENT: Okay. Do you 23 swear to tell the truth, the whole truth and nothing 24 but the truth in the matter before us? 25 JEANINE HESTER: Yes, I do. 18 Mi 1 THE COUNCIL PRESIDENT: State your name 2 and address, please. 3 JEANINE HESTER: My name is Jeanine 4 Hester. I live at 3950 West Night Hawk Lane in 5 Eagle. 6 THE COUNCIL PRESIDENT: Thank you. 7 JEANINE HESTER: I am Michael's wife, and 8 I'm also concerned about the transition up there, 9 and I would like to see these two -- these acres 10 maybe combined to make one acre and one acre there, 11 and the same here, because from my house, when I 12 look out over here, I'm going to see a sea of black 13 roofs, and I don't want to see that. 14 I moved out there to get away from that. 15 I moved from a subdivision to the country for a 16 country feel, and you're taking that way. It's not 17 fair. I was there first. I don't want to see that. 18 I'm sorry, I know it's stupid sounding, maybe to you 19 developers, but to me, it's emotional. And I 20 really -- I just want you to know that I'm against 21 this density going in all around us. 22 And it's going to be regrettable in 15 23 years. I want to go on record as saying you're 24 going to regret this if you keep letting this 25 happen, and that's all I want to say. 19 1 THE COUNCIL PRESIDENT: Okay, thank you. 2 Richard at 1195. I can't read the street. 3 Richard or -- Jones? Can you -- Johns, maybe? 4 COUNCIL MEMBER: Anybody here named 5 Richard? 6 THE COUNCIL PRESIDENT: Or Johns or have a 7 street address that begins with 1195? 8 Okay, you must not be here. 9 Okay. Let's take David Holt. 10 DAVID HOLT: (Inaudible). 11 THE COUNCIL PRESIDENT: Pardon? 12 DAVID HOLT: No testimony. Okay. 13 And Becky Callister. 14 Do you swear to tell the truth, the whole 15 truth and nothing but the truth in the matter now 16 before us? 17 BECKY CALLISTER: Yes. 18 THE COUNCIL PRESIDENT: State your name 19 and address, please. 20 BECKY CALLISTER: Becky Callister. 21 2873 Wind Drive. And Mr. Guerber, you hit it on the 22 head tonight when you said low density is what 23 people want. This plan is less dense than the 24 previous plan, but having a plan that's a little bit 25 better than a bad plan for the area doesn't make it 20 d a 1 a good plan. 2 I want to point out something that I think 3 is very important here. These interior lots are the ao 4 same size if not smaller than the Moffat 5 subdivision, which was, I believe, about here, which sie 6 was also approved by Planning and Zoning but which 7 was unanimously voted against by this -- 8 (End of electronic recording). 9 (Beginning of Electronic recording). 10 BECKY CALLISTER: So did my important 11 point make it on the record? 12 THE COUNCIL PRESIDENT: Yes. 13 BECKY CALLISTER: Okay, thanks. 14 So if Moffat wasn't compatible here with 0111 15 some two -acre lots and five -acre lots here, what 16 makes this compatible when you have two acres, seven 17 acres, two acres, two acres, two acres, five acres 18 all around here? 19 Nothing in the area has changed. And ao 20 there was some alluding earlier that there were some 21 people in this neighboring subdivisions were okay 22 with this, if not even endorsing this plan, and I 23 can't speak for everybody, but I know I haven't run 24 into anybody yet. _ 25 And I saw a lot of heads shaking, so I'll vq MP ialt OM PIP PIP OP PM aaa Phi aat PO PIP cop aaa 1 let people as they come up speak as to that. I know 2 that around this area there have been hundreds of 3 millions literally invested in homes in this area, 4 and people came for that rural, country feel for the 5 low density. 6 When we came, before we built our home, we 7 came down to city hall, looked up the comp plan and 8 said we like this. We like the one -acre lots down 9 here, the two -acre lots here, the five -acre lots, 10 and we did our research before we invested in the 11 home and built it. And I know many other people 12 that did. 13 So now what's happening, now these 14 hundreds of millions of dollars are invested for 15 this feel, now everything is turning upside down on 16 us. It's kind of -- I know many people talked about 17 it, it's like a contract we feel we entered with the 18 city. Now we've kept our end of the deal, and then 19 the other side is not being kept, held up, and 20 there's -- this is all we can do about it right 21 here. And that's why we're here. 22 So anyway, I know there's other people 23 that are addressing some other points, but I want 24 you to remember that people came for this rural 25 feel. We like the low density. That's what we 22 1114 1 want. This may be a great plan; it's still not 2 great for this area. It's still not compatible. 3 THE COUNCIL PRESIDENT: Okay, thank you. am 4 COUNCIL MEMBER: Excuse me, can you tell 5 me kind of where you live? 6 BECKY CALLISTER: I'm in The Colony. an 7 COUNCIL MEMBER: Which is? 8 BECKY CALLISTER: Down -- I'm within a +"+ 9 half a mile. 10 THE COUNCIL PRESIDENT: Is The Colony om 11 one -acre lots, I believe? 12 BECKY CALLISTER: Yes. 13 THE COUNCIL PRESIDENT: Okay. 14 Dave Dumas. 14 15 Do you swear to tell the truth, the whole ,m, 16 truth and nothing but the truth in the matter now 17 before us? '°m 18 DAVE DUMAS: Yes. 19 Dave Dumas. 3174 West Champagne, Eagle. 01, 20 That's the Canterbury subdivision. I wanted to 21 address the process that we've gone through in PM 22 general in some of my concerns, because they also 23 relate to the decisions that are being made here, so a.a 24 hopefully my thoughts come out in a cohesive way. _ 25 But we've heard over the last six months 23 all 1 as we've been dealing with this and the other 2 subdivisions that are on the agenda tonight about a 3 diversity, that we need diversity, and that's why we 4 have the low density -- or high density proposals, 5 and that's the right thing for us. We've heard that 6 this is the trend across the country, this is a good 7 thing for us, and this is what we want. 8 So as I've gone through all of these 9 meetings, and I've lost track how many there's been 10 over that period of time, but I think I've counted 11 up one to two thousand homes of the high density 12 category, as we've described it, approved or -- at 13 least by Planning and Zoning, and in many cases by 14 this group. 15 I can only think of a couple that were 16 two- to five -acres that were approved during that 17 period of time, and that was usually someone 18 splitting their property. 19 So you talk about density, but I think -- 20 or you talk about diversity, but I think that 21 you've -- you've got it all wrong, that the 22 diversity is really in the direction that has been 23 brought up by some of these -- these people tonight, 24 and we're moving away from the diversity, and 25 Eagle's an attractive place because of the 24 1 diversity, and we're getting rid of all of it. 2 And by the approvals that we've been 3 seeing, and which continue, this is that pattern, 4 this is the trend that continues. 5 When Planning and Zoning discussed this 6 particular subdivision, they stated that we didn't 7 need such large lots. I didn't know that need was 8 part of the equation. We don't -- there's a lot of 9 things that we have that we don't need. I came in 10 here tonight and I looked in the parking lot, and we 11 don't need the large vehicles that we have, but we 12 have them. You know, we don't need as expensive of 13 a home as we have, but we have it. We could all 14 live in apartments, that's what we probably need, 15 but it's not what we want. 16 And so the argument about what we need -- 17 and then they went on to argue about what's the 18 right size of transition, and it didn't sound like 19 much of a planning effort to me to -- right there to 20 decide, well, is a forty percent reduction or a 21 sixty percent reduction the right transition in 22 density? It didn't sound like a very professional 23 effort on their part to -- to consider it in that 24 way. 25 And you know, in New York, L.A., Chicago, 25 1 the trend is towards smaller vehicles. Should we 2 all get smaller vehicles because that's the trend? 3 You know, do we all have to take on this diver- -- 4 this low trans- -- this high density because 5 that's -- that's the trend? I think it's a faulty 6 argument. 7 We've heard arguments in support of this 8 that, well, I have a neighbor that doesn't take care 9 of their lawn, so obviously people that do that 10 don't deserve or shouldn't have a property this 11 size, disregarding the hundreds and hundreds of 12 beautifully manicured yards that were out there. 13 Okay? 14 We also heard that, Well, they pay too 15 much to have it done. That's ridiculous. They 16 shouldn't live on it if they can't take care of it 17 themselves. 18 Well, if that's the case, we should all be 19 riding a bike if we can't afford to do the brakes on 20 our own car or change the oil. I mean, these 21 arguments are absolutely ridiculous. Okay? 22 It comes down to the expectations that 23 people have, and I think that Becky Callister 24 brought that out well, that we have certain 25 expectations, and why did we deviate from that? 26 OR 1 There was a commitment made by the City 2 Council to re -look at the comprehensive plan. When 3 people wanted to speak, they -- they were wanting to mm 4 speak about all three of these subdivisions, because 5 they see it as a community. Okay? But we had to o. 6 speak about each one individually. All right? mm 7 And so we're forced to treat things 8 individually. The City Council -- or the m 9 Planning and Zoning voted down the change we had to 10 the comprehensive plan because they said we would MR 11 take each one of them individually and we'll do the 12 right thing, treating each one as an independent mm 13 issue, which I know to that they're -- to some 14 degree that you have to do, but when you listen to PR 15 the people here, they want it treated as a ,m 16 community. They wanted to treat it as a community. 17 They wanted to address all three. They see it as a OR 18 whole community issue. So there's -- we're 19 definitely at odds on how we see the issues that MR 20 we're dealing with. 21 Now, one other point, when staff came up vv 22 and talked about some of the changes on the Park 23 Place issue to what was being proposed tonight, mm 24 there was two items that struck me, one was the path ,R 25 that Planning and Zoning did not approve. The 27 1 second one was the size of the lots and that 2 transition. I've already talked about the 3 discussion that went on about transition. 4 And what's interesting is the Planning and 5 Zoning and seem to be out of step with what the 6 community wanted. When the citizens got up here and 7 said, This is what we want, because it was the 8 homeowners adjacent to this property that asked to 9 not have that path, to ask to have larger lots 10 there. They were shut down, and it was in the 11 discussion with Planning and Zoning. 12 I sat there and I listened to it. It was 13 frustrating to listen to. And then here we have the 14 developers who come back and are more in line with 15 what the homeowners asked for. You know, they -- 16 they took out this area here to create more privacy 17 and they expanded the lots. They went against what 18 Planning and Zoning asked for. They were more in 19 harmony with the citizens than Planning and Zoning, 20 you know. 21 And so I'm -- I'm frustrated about these 22 things. I think it's wrong. I think it's a wrong 23 approach that we're dealing with. And what -- what 24 happened to our fixing the comprehensive plan? The 25 gentleman that was here for the previous 28 1 subdivision, the one off Linder and Highway 44, he 2 made the comment, he specifically said that it was 3 the Eaglefield subdivision that they moved forward 4 when the comprehensive plan west of Linder moved 5 forward. Okay? 6 Well, this isn't west of Linder, and so 7 this whole confusion about what is in the 8 comprehensive plan, what's not in the comprehensive 9 plan continues. 10 The City Council made it a commitment to 11 address that. It didn't work out the first time, 12 and so what have we done? We've just dropped it, 13 and now we all have to live it, and you gentlemen 14 there were the ones that made that -- here tonight 15 made that commitment to us as citizens, and you 16 haven't seen it through. Okay. 17 I have a lot of things on my mind, but I 18 know there are people who would like to speak, but 19 that's how I feel. I do -- I do want to say that if 20 I had my way, we would go to what we had as a 21 reasonable expectation for this area, which was the 22 gross of two Praker (phonetic spelling). 23 I do think that Rondo and Bill and their 24 teams have made a good faith effort to try to meet 25 some of the homeowners' concerns. I know there are 29 1 still concerns, but I think they've made a good 2 faith effort to address some of those concerns, even 3 at the expense of the direction from Planning and 4 Zoning. 5 THE COUNCIL PRESIDENT: Thank you. 6 COUNCIL MEMBER: Would you define high 7 density for me? 8 DAVE DUMAS: I think that it's relative to 9 the surrounding area. If I was living in downtown 10 Boise, I'd have a different perspective on what high 11 density is, so I guess you have to define that. I 12 think that when you share a driveway in Eagle, out 13 in West Eagle, not downtown Eagle, in West Eagle, 14 that's high density. Okay? 15 And that's what was proposed and approved 16 in the Eaglefield subdivision. Those people will be 17 sharing a driveway. To me, that is high density. 18 I did try at one point several meetings 19 ago to address -- give my impressions of gross 20 density, and the staff made it clear that that was a 21 very subjective topic, so I have to give you a 22 subjective answer. 23 COUNCIL MEMBER: Well, that's a discussion 24 we've had many times. I guess what -- you said 25 that, in keeping now what's going on, we have 30 1 approved one to two thousand high-density 2 subdivisions -- 3 DAVE DUMAS: No, homes. 4 COUNCIL MEMBER: -- or lots. Homes. And 5 so that's what's kind of -- I'm trying to think 6 back -- 7 DAVE DUMAS: We have 1,100 on the agenda 8 tonight. I'm disregarding what we're talking about 9 here in Park Place, but we have 1,100 what I would 10 consider just on the agenda tonight. 11 COUNCIL MEMBER: 1,100 high-density 12 developments. 13 DAVE DUMAS: For West Eagle, in my 14 opinion. 15 COUNCIL MEMBER: Okay. And you seem to 16 indicate that you'd rather we kind of look at things 17 in an overall scale as opposed to as they come in 18 one at a time kind of a concept on this, and the 19 conclusion I seem to draw is that if we were to do 20 that for that whole area out there, and we looked at 21 the subdivision that Mrs. Callister lives in, for 22 example, we would have all one -acre lots out there, 23 if we took kind of approach as a -- 24 DAVE DUMAS: Yeah, it's not necessarily 25 true. I mean, it comes down to a plan. I'll give 31 M PEI ra rw WWI wA PO Fa osig MP FM Fa fatl 1-, 1 you an example. Last year I took my son to a 2 basketball tournament in Reno, and we played in -- 3 at a different high school for each game, so we 4 criss-crossed the valley there, and we were assigned 5 to go to a high school over on the side of the city 6 that's developing. And as we got through there, 7 we're like, What are all these roads here? What 8 does all this lead to? And I mean, you had -- you 9 had roads, you had center dividers, you -- it was 10 all completely landscaped, it was completely 11 developed out, and there were no -- there was no 12 houses. Okay? 13 And they had completely developed this 14 area with infrastructure. You knew exactly what you 15 were going to get when you got there. It was well 16 planned out, and it was refreshing to see. And 17 where you finally came to the homes, it was a high 18 school out there, kind of in the middle of nowhere, 19 a few homes around it, but you could see where the 20 development was going to go. You could see that it 21 was prepared, traffic was considered, all that flow 22 was taken care of, so it kind of seemed overkill at 23 the time, but you could look out at into the future 24 and see what would happen. 25 So I think that -- that planning should be 32 1 planning and, you know, we can make a better effort 2 to do that. To say we're just going to take each 3 one and we'll do the right thing and just trust us, 4 you know, doesn't give a lot of confidence, so . . . 5 THE COUNCIL PRESIDENT: Any further 6 questions? 7 COUNCIL MEMBER: Would you say what has 8 happened out there has been inappropriate or 9 appropriate? 10 DAVE DUMAS: I'd say it hasn't been very 11 good planning. I mean, how much cooperation has 12 there been with the school? I mean, none of my kids 13 have their own school books. I mean, it's just 14 packed. All right? 15 And so does the school know about the 16 impact based on the change in the comprehensive 17 plan, and have they planned on it? Has the -- has 18 all the infrastructure planned on it and so and so 19 on. 20 I mean, you can go right down -- down the 21 list, and then compare that to what we saw when we 22 were at this subdivision that -- this area of Reno 23 that you could tell had really been planned. You 24 know, I mean, they -- you could tell they had 25 considered those things. 33 1 Now, obviously financially there's 2 considerations, and we have to compete with Meridian 3 and Boise and Nampa for those funds for roads, but 4 that shouldn't put off our effort to make it happen. 5 I don't think it's an unreasonable thing. 6 COUNCIL MEMBER: I have a comment. 7 THE COUNCIL PRESIDENT: Yes, go ahead. 8 COUNCIL MEMBER: I guess as a citizen you 9 can certainly express your views. Personally, I 10 find it a little be naive in terms of some of the 11 suggestions you make about -- you can disagree with 12 our decision. That's okay. But to say that we 13 don't work at the process I think is a -- is an 14 indiscretion that I'd like to challenge you on, 15 because I think you're making a mistake, and I'm not 16 sure you're -- 17 DAVE DUMAS: Well, the City Council made a 18 commitment to fix the comprehensive plan, and it is 19 no different today than it was when that commitment 20 was made. And so -- so all I'm going by is -- is 21 what we're seeing from the actions. 22 And again, you know, I applaud the Park 23 Place developers for what they did. I don't agree 24 with everything in it, but applaud them for trying 25 to be more in line with what was requested at the 34 ami P■ MI NI A, Nil IMO P. A. Mil OM 1 last meeting from them, because they made some 2 changes that we requested that were then discussed 3 by Planning and Zoning which were not what the 4 homeowners did. 5 So they -- and Planning and Zoning, them 6 may come up and say, Oh, no, he's all wrong, but 7 that's how I heard it. That's what I heard. I was 8 sitting there. 9 COUNCIL MEMBER: My recollection -- 10 THE COUNCIL PRESIDENT: Okay. 11 COUNCIL MEMBER: -- was that we actually 12 did follow through. If we had not followed through, 13 there would have never been meetings, there would 14 have never been discussions. 15 DAVE DUMAS: But it's not done. It's not 16 changed. 17 COUNCIL MEMBER: That's right. But I'm 18 not sure that's the city's fault. I'm not sure 19 there will ever be a solution, because my 20 understanding is basically the people who live out 21 there are split a great deal on this. Those who 22 live in that area -- 23 DAVE DUMAS: I know it's not an easy 24 process, but it was the city that made the 25 commitment to make the change, so it should be the 35 1 city that commits to follow through. With 2 everybody's participation. I know it's not an easy 3 process. 4 THE COUNCIL PRESIDENT: Gentlemen, I think 5 we're getting into an argumentative situation here, 6 and it's going beyond public testimony, so let's 7 move on. 8 DAVE DUMAS: I have no further comments. 9 THE COUNCIL PRESIDENT: Bob Vaughn. 10 Do you swear to tell the truth, the whole 11 truth and nothing but the truth in the matter now 12 before us? 13 BOB VAUGHN: I do. 14 THE COUNCIL PRESIDENT: Please state your 15 name and address. 16 BOB VAUGHN: It's Bob Vaughn. 17 4026 Brave -- West Braveheart Lane in Eagle, and I 18 live right across the street from this proposed 19 subdivision in Braveheart -- or Loch Lomond. 20 THE COUNCIL PRESIDENT: Could you indicate 21 by pointing to it. 22 BOB VAUGHN: I believe it would be right 23 around -- right around here or here. 24 THE COUNCIL PRESIDENT: Okay. 25 BOB VAUGHN: Loch Lomond Estates. 36 1 THE COUNCIL PRESIDENT: Okay, thank you. 2 BOB VAUGHN: I just want to echo some 3 things that were already well put. I attended the 4 City Council meeting several months ago when the 5 proposed Moffat subdivision got unanimously put 6 down, and as was already pointed out, some of the 7 language at the time used by City Council was that 8 we were parachuting in a subdivision into an area 9 that was already established that was definitely 10 inconsistent with that area. 11 And if you do the math, this is a 95 -acre, 12 approximately, piece of land. If it retained the 13 previous zoning of the Ada County, you would have 14 approximately 50 homes on that acreage. Instead, 15 we're proposing here 112, so that's over double the 16 density. And I would submit that that is not 17 consistent with the surrounding area, and I think if 18 we were to approve this tonight, we would owe 19 Mr. Moffat an apology, because the same logic would 20 not be consistently applied. 21 I also think that just because we put, 22 quote, transition lots around the perimeter doesn't 23 make up for high density in the middle. It still is 24 going to increase the traffic on Park Lane, which is 25 now the major point of entry and exit, probably to 37 OM AEI lasi am as PO all .. 1 three or four or five times the current traffic on 2 that road. 3 Now, 1 understand why Cavallo and other 4 don't want those through streets. I wouldn't 5 either. But for those of us who live on Park, it's 6 now all coming our way. And so no matter how you 7 slice it, it's putting way more traffic on these 8 surrounding roads. 9 I would also say one thing that was also 10 brought up at that meeting was the fact that the 11 developers understandably appeal to the 12 Soaring 20/25 plan and saying that they're being 13 consistent with it, but it was also, I think, 14 well -articulated at that meeting that for whatever 15 reason, and it's not the city's fault, those public 16 hearings for the Soaring 20/25 plan were never 17 well -attended. 18 The vast majority of the citizens in 19 West Eagle never even knew about those meetings, so 20 I would hesitate to say that that is the expressed 21 will of the citizens. That is why so much has been 22 said about that plan needing to be readdressed. I 23 think the average homeowner out there was shocked to 24 find out that that was rezoned to half acres. 25 It was also pointed out at that meeting 38 am 1 that that is a guideline. We don't have to go to 2 half acre average. It can go up to half an acre, 3 but that doesn't mean it has to go that far. 4 So I think consistent with previous 5 rulings, we need to keep this area consistent and 6 not parachute in a much higher density development 7 of this kind. And I understand these men have put a 8 lot of time and money into this, but that's not a 9 reason to approve it. 10 I think the legacy that we are in danger 11 of having in this part of Eagle is leaving future 12 generations gridlocked, and I would just echo what 13 everybody said. That's not what we all wanted in 14 this area, and I think we need to go back to a more 15 consistent zoning. 16 THE COUNCIL PRESIDENT: Thank you. 17 Mike Huffaker (phonetic spelling). 18 Do you swear to tell the truth, the whole 19 truth and nothing but the truth in the matter now 20 before us? 21 MICHAEL HUFFAKER: I do. 22 THE COUNCIL PRESIDENT: State your name 23 and address, please. 24 MICHAEL HUFFAKER: Michael Huffaker. I 25 live at 1753 North Chaucer Way, which is in 39 Fol 1 Canterbury. I'm probably somewhere in here. 2 I generally am in agreement with all those 3 who are against this project. I'll just say that to 4 begin with. 5 The gentleman who spoke earlier regarding 6 the Eaglefield Estates that was against that 7 project, I didn't necessarily agree with him that we 8 should but a moratorium on all building in Eagle, 9 but I did in general agree with what he was saying, 10 that our current road infrastructure is totally 11 incapable of handling all this new development that 12 we're approving, and specifically in this area, 13 anyone who lives near Park, Floating Feather, 14 Meridian around rush hour or the time that school is 15 getting in or out, which in the morning coincide, 16 knows what a disaster this is already, and 17 essentially we're just asking to make it a lot 18 worse. 19 I do want to go over -- I have similar 20 feelings about the process of how we got to this 21 place tonight as well, and I've been very frustrated 22 with the process. I, like many others, moved to 23 this area, I moved here a couple of years ago with 24 the idea that we were told by our realtor that this 25 was an area that would remain always two acres from 40 AO GM 1 where we were all the way down to -- at the time, I 2 think we thought it was Highway 16. And that's why 3 we moved there. We've loved the area. 4 In about June or July of this last year is 5 when we first found out about Park Place 6 subdivision, and of course at the time, it was 7 planned for 192 units, and our initial thought, like 8 everyone else who lived in this area was how can 9 they do that. That's not possible. That would be 10 against the current comp plan and zoning. 11 And it was only then that we found out the 12 comprehensive plan had been changed. And I can tell 13 you that that sentiment is held almost unanimously 14 throughout all these subdivisions that surround us. 15 That would be Henry's North Forty, Cavallo, 16 Canterbury, The Colony, and really anybody else 17 except for the developers that participated in 18 changing the comprehensive plan because they were 19 the only ones who did this. We weren't there. 20 And you know, I went back through my file, 21 I have a whole file on this, and was looking at that 22 original notice that came out, and sure enough, you 23 read it, it talks about the area west of Linder and 24 north of Highway 44. It never does talk about this 25 area. So as has been mentioned before at many other 41 1 hearings, and again tonight, we all felt somewhat 2 cheated and that we've been treated unfairly in the 3 process. 4 Once we found out about Park Place, the 5 original Park Place, we as a community started 6 having our own meetings. We had a number of them, 7 and -- which resulted also in us hiring an attorney, 8 spending lots of money and lots of time at our own 9 meetings to prepare for all of the initial meetings 10 regarding Park Place and Moffat subdivision. 11 I can tell you, and actually I told this 12 to you personally after the Moffat hearing, that 13 there was great paranoia amongst almost everyone, 14 that this was already a done deal and there was 15 nothing we could about it, but we were all so upset 16 about it, we were determined to try. 17 And there was a great deal of paranoia 18 that we weren't going to be able to make a change to 19 this, and when the Moffat hearing was held, and that 20 subdivision was turned down, there was a real 21 feeling of elation, and also that the City Council 22 had renewed trust in us for them. 23 And my feeling, like has been expressed by 24 others here tonight, was that there was a commitment 25 made to try to fix this problem. 42 1 Now, I realize in the argument that's 2 already ensued that essentially the city is saying, 3 well, we did try to fix it. But what happened in 4 those hearings regarding the comprehensive plan is 5 essentially what got proposed was an amendment that 6 none of the people liked. And it was the only 7 amendment we had a choice of. 8 So basically what we got stuck with was 9 the amendment or back to the original plan, which we 10 didn't like either, so we had a meeting in which -- 11 we didn't even know which way to argue at that 12 meeting that night because nobody liked any of it 13 and we just got stuck with it, so . . 14 But what we didn't get out of that 15 process, when we thought we were supposed to talk 16 and compromise, was something that we wanted which 17 was something much closer to the original 18 designation, the comprehensive plan of one unit per 19 two acres. 20 And I think we all feel like what we 21 should have done way back then was had some sort of 22 court action in which we could have decided whether 23 the notice was -- would have really given us due 24 process and gone back to -- and somehow had it 25 reverted legally back to the one unit per two acres. 43 a. 1 And I'don't know if that's still possible, but it's 2 certainly something we should think about. 3 The current proposal of the 92 units comes 4 out to about 1.2 units per acre as opposed to what 5 we have now, which is about a half a unit per acre, 6 so it's still 2.4 times the density of everything 7 that's surrounding it. 8 And I agree with all of those others who 9 have said that these few transitional lots don't 10 really change what the nature of this community is, 11 and that is that it's a high density community 12 parachuted in to the middle of a bunch of 13 subdivisions where we all have two acre lots. 14 As far as specific things about this plan, 15 I notice also that there was talk about changing the 16 nature of the road that goes into Cavallo, and I'm 17 not sure how that -- why that's going to stop 18 anybody from driving down it, whether they change 19 the type of gravel or cement or something. 20 But essentially, I was looking at that, 21 and there's 30 units out of this lot that are served 22 by that road. Cavallo itself is only 27 units all 23 by itself, so they would more than double the amount 24 that that would become their major arterial to get 25 out to -- to Floating Feather. 44 1 And if you've driven through our 2 subdivisions, you know we have no sidewalks, and we 3 have very little traffic right now, because we have 4 very few houses, so our kids have to ride on the -- 5 ride their bikes on the street. When we go out for 6 our walks, we walk in the street. 7 And you're essentially saying, well, we're 8 going to go ahead and put all this traffic 9 through -- and I -- and I -- that is an accident 10 waiting to happen. I mean, that is asking for a 11 fatality, this plan here. And it'll happen some 12 day. You know, some teenager is going to come out 13 of there, and a number of them I'm sure will every 14 day, but some day, they're going to kill a kid in 15 that -- in Cavallo. 16 There was some testimony earlier about how 17 this was sort of a -- this plan was sort of a 18 meeting of the minds of the developers and the 19 community. And I just want to state that that's not 20 correct. This was not a compromise regarding -- 21 between the community and the developers. 22 This essentially was really a plan that -- 23 the heart of the plan was the city staff and the 24 developers, but this did not represent a meeting of 25 the minds of the people surrounding this subdivision 45 1 and the developers. That just didn't happen. • 2 As far as the -- there are also -- the 3 other issue that was raised is that there was a 4 split between what we wanted as neighbors to this 5 development. Well, the only split that there exists 6 is that those who are living there already on 7 two -acre parcels and want to stay there forever 8 don't agree with those who have large parcels and 9 are planning on selling them and leaving. I mean, 10 those are the ones who are just fine with this new 11 zoning. But essentially, the residents who already 12 live there are almost unanimously against this. 13 In conclusion, I just want to say that 14 the -- I think a vote in favor of this proposal is 15 essentially a vote in favor of a -- a fail to 16 compromise, and also it's a vote in favor of 17 reinstating the distrust and the lost faith that we 18 were feeling as a community toward the City Council. 19 I think that's going to just fall all right back 20 where it started, and we're all going to feel like 21 our input never really meant anything to begin with. 22 I think it's a vote in favor of telling us 23 don't get involved. I think it's a vote in favor of 24 telling us we're going to use a process to 25 discourage you and make you feel helpless, because 46 1 that's the way we feel right now. Essentially, it's 2 a vote in favor of changing what should never have 3 been changed in the first place. 4 This should have been one unit per two 5 acres when it was originally changed in the 6 comprehensive plan. That may have been legally in 7 violation of due process, but at least morally and 8 ethically it was unfair to all of us. 9 That's all I have to say. 10 THE COUNCIL PRESIDENT: Thank you. 11 Chris Palmer. 12 Do you swear to tell the truth, the whole 13 truth and nothing but the truth in the matter now 14 before us? 15 CHRIS PALMER: I do. I do. 16 THE COUNCIL PRESIDENT: Please state your 17 name and address. 18 CHRIS PALMER: Chris Palmer. 2325 North 19 Corsey Way, Eagle. I live right there. I'm in 20 Henry's North Forty. I am against this project for 21 the reasons previously stated. But if that doesn't 22 sway you, then please consider this. The elevations 23 in our subdivision, in Henry's, are considerably 24 higher, and we look down on this. And with these 25 transition lots here, they're not really transition. 47 1 I mean, they're half acre. 2 And I'm going to be looking, along with 3 three of my other neighbors, into 60 roofs. So this 4 elevation, I wish you would give some consideration 5 to at least maybe enlarging these lots. And right 6 here, they made big lots, but we only have two homes 7 that border them. mom 8 So that's great, but it doesn't have 01. 9 really an impact on these two homes. There's one 10 home here, but he's two stories. He's going to be 11 looking down on all of this, as well, once his house 12 gets built. I mean, it's under construction right 13 now. 14 My neighbor right next to me, he's got two 15 stories, he's looking down on all these. And 16 another thing that you're doing by allowing this is 17 this is going to get developed and sold, and it will Igo 18 be before you very quickly, I can guarantee you 19 that. am 20 And this seven -acre parcel right here, if 21 this is half acre, you set precedent for him to an 22 develop this into half acre or you'd have to 23 consider the transition right there. But this is o. 24 maxed down so far that it doesn't allow for very 25 much of a transition. So if you would consider 48 1 those things, other than my dislike of the plan, 2 so . 3 Thank you for your time. 1114 4 THE COUNCIL PRESIDENT: Okay, thank you. 5 Elaine Palmer. mg 6 ELAINE PALMER: (Inaudible). 7 THE COUNCIL PRESIDENT: Okay. Crystal mg 8 Meniphee (phonetic spelling). om 9 Do you swear to tell the truth, the whole 10 truth and nothing but the truth in the matter now A° 11 before us? 12 CRYSTAL MENIPHEE: I do. acv 13 THE COUNCIL PRESIDENT: Please state your 14 name and address. 15 CRYSTAL MENIPHEE: My name is Crystal p,,, 16 Meniphee. 3332 West Fieno Drive in Cavallo Estates. 17 I was going to give my mg 18 you're -trying -to -put -an -elephant -into -a -house talk 19 tonight, but I've abandoned that. I'm going to try mm 20 to keep this lighthearted, but it's a very sad 21 story. 1 wanted to congratulate The Planning and 010 22 Zoning Commission, the city staff. We don't have to 23 worry about the elephant. You brought the whole mg 24 three-ring circus to us. PO 25 You have gotten the trained and chained 49 NIP OM roo nw Oil 1 performers to dance through all of your hoops and 2 jump through them. How were we trained? We have 3 attended and been drug out through all of this 4 process that you've heard about over month over 5 month over holidays. 6 The city mapping session where Ms. Nicole 7 Spencer Baird, I believe, ends up with a big marker 8 drawing her wishes and dreams on the maps. It was a 9 lesson and a training in futility. 10 What you are doing is in -filling. You're 11 taking an area that is surrounded by like properties 12 and in -filling it in a very inappropriate way. 13 You've agreed with that on Moffat, but you're not 14 agreeing with it here. 15 And how are we chained performers? 16 Because we're chained to a dream, to a promise that 17 you originally gave us. And that's all we have is a 18 chain dream now because of this three-ring circus 19 that we feel we have drug through. 20 So I guess it's easier to in -fill and to 21 deal with the trained, chained performers than have 22 to reach out to the property that hasn't been 23 developed out in Star and have to fight with their 24 City Council members to where there is not existing ,.q 25 subdivisions, where you're going to have this unlike 50 1 and like property mixed the people are so upset p" 2 about and that have been promised and those promises 3 denied. OR 4 So my congratulations to you for bringing 5 th circus to us and that I don't have to give you OP 6 the hiding -the -elephant -in -the -house speech. Do the OR 7 right thing. Do your Ada County plan. Make your 8 constituents happy. Break our chains. You have the pm 9 power to do it. I'm sorry for the developers. 10 I'm sorry for their loss of money, but I p° 11 feel more sorry for the loss of the quality of life 12 and loss of my money and others out there, on the 13 amount of money we put into our properties on 14 chained dreams. Don't make a mistake, because PO 15 there's no overs (sic). _ 16 You're growing, you're developing, you 17 need to slow down and look at what you're doing. I or 18 know it costs you a lot of time and money. That's 19 your job. That's what you're elected to do, and mm 20 that's what you're paid for. 21 Thank you so much for your time. OR 22 THE COUNCIL PRESIDENT: Thank you. 23 Do we have anyone else who would like to 24 testify? _ 25 Yes, Mr. Moffat. 51 1 Do you swear to tell the truth, the whole 2 truth and nothing but the truth in the matter now 3 before us? 4 CHAD MOFFAT: I do. 5 THE COUNCIL PRESIDENT: Please state your 6 name and address. 7 CHAD MOFFAT: I'm Chad Moffat. My address 8 is 1842 South Lakemoor in Eagle, Idaho. 9 I actually wasn't going to testify 10 tonight, but as I'm sitting there listening to a lot 11 of what's going on and a lot of what's being said, 12 I -- I guess I'm kind of halfway chuckling at some 13 of the things that are said, and I'm not trying to 14 be rude in that assessment either, but it's 15 interesting as I hear somebody from -- and I don't 16 want to mention names, but from certain subdivisions 17 talking about changes in their density. 18 My dad originally put in Redwood, which 19 most of you know about, ten to fifteen years ago. 20 Two -acre lots, heavily fought. Okay. Colony, when 21 it went in, it was very heavily fought. I know, 22 because my brother had a five -acre lot right where 23 it comes out, and they came right out into his 24 five -acre lot. 25 You know, but he said, hey, he tried to 52 MIR PR 1 fight it. Things change. You have to have certain 2 density, you have to have certain changes. And a 3 lot of it is in perspective of what you think the 4 density should be. 5 You know, it's interesting, I've gotten to 6 know, and I -- hopefully they don't mind of I use 7 their name a little bit, and hopefully they're not 8 beat up, I've gotten to know the Betts quite a bit, 9 and I was actually over at their house talking to 10 them a little while ago, and we walked to the front 11 door, and we looked over towards Callaway -- or 12 Cavallo, excuse me. 13 And it was interesting, the comment, I 14 can't remember if it was Mr. Betts or Mrs. Betts, 15 but they made a comment of the sea of rooftops. In 16 Cavallo. Okay? They're two -acre houses, but yet, 17 to them, on their five -acre piece, which was there 18 fifteen or twenty years before everybody else, it's 19 a sea of rooftops, you know. 20 And I guess it's just -- I kind of laughed 21 as I left, and I thought, you know, how true. From 22 their vision, what they're looking at, they're 23 seeing a lot of these same people that are 24 complaining about what is happening, they already 25 saw it. It's already happened to them, and now the 53 1 newer subdivisions are coming in and are saying, 2 well, wait a minute, we're here now. We don't want 3 anybody else to be here. 4 And it's just a -- really a struggle for 5 me. I had a wonderful place, grew up in -- around 6 here, had a wonderful place up in McCall, Idaho. 7 You know what? I loved it there. Beautiful place. 8 And I would have loved to have kept Tamarack out of 9 it. I would have loved to have kept the thousands 10 of people that are building cabins out of there. 11 But you know what? It's a wonderful, beautiful 12 place, and people want to live there. People want 13 to do that. 14 Eagle is the same way. It's a beautiful 15 place. A half acre lot, I looked at that Park Place 16 has done, and to be honest with you, I am in awe at 17 what they have done. They have given up a lot. 18 They have done what I call compromise. They went to 19 these meetings, they listened to what the people 20 have said, and they compromised with them. I have 21 yet to hear anybody else compromising back. 22 Compromise means both sides give some. 23 I'm looking at what they've done and what they've 24 given and the lots they've given up. They're at 1.1 25 acre density right now. 54 1 And I -- I'm not arguing, you know, for 2 them or anything else, but I just want to 3 congratulate them, and I don't even know them. But OP 4 I am amazed at that they've done. I think it's a 5 beautiful subdivision of what they've put together, 6 and I believe they have compromised and given a lot. 7 And hopefully that's taken into account. 8 But again, I think a lot of that area is as 9 changing, and you are seeing changes, and 10 unfortunately, I think no matter what happens, am 11 nobody's going to be happy with the changes. And 12 you -- you have some great developments going in, aro 13 and I think you have some great people that have put 14 some stuff forward. 15 I -- I hear a lot of times -- I hear the ,,,0 16 negative things about the developers. You know 17 what? The developers are coming in, we're following °1p 18 the comp plan that was given to us by the city. 19 We're following recommendations that were given to aA 20 us by staff. We're following recommendations that 21 have been given to us by Planning and Zoning. And no 22 we are doing what we are being told, and we're 23 trying to make things fit. 24 And we're looking around, and fortunately ,.,, 25 we see a lot more things happening. We see what 55 oro 1 other pieces of land are doing around us. And °a 2 there's a lot happening in that area. There's a lot 3 of half acre. There are a lot of half -acre lots mm 4 that want to come in there that are owners of 5 probably on that area where -- that's around those mm 6 subdivisions, there's a lot of acreage that would 7 like to be changed, and I think you're going to see mm 8 that in the near future. Ns 9 That's all I have to say. 10 THE COUNCIL PRESIDENT: Yes. OR 11 Do you swear to tell the truth, the whole 12 truth and nothing but the truth in the matter now mm 13 before us? 14 DUSTIN SIMPSON: Dustin Simpson. mm 15 3664 Tabasco Trail. I live on the five -acre piece _ 16 right up here. 17 THE COUNCIL PRESIDENT: Okay. 00 18 DUSTIN SIMPSON: At the risk of having my 19 friends -- I've got some close friends here tonight, a. 20 and hopefully they'll still call me a close friend. 21 I personally, when this whole thing came up, I tried mm 22 to stay on the fence. I didn't want to get 23 involved, even at, you know, the urging of friends mm 24 and neighbors. „q 25 And the reason I didn't, and at the end of 56 Pq 1 the day I had to admit that I bought this five 2 acres, when I bought this five acres, my intention 3 from day one was to split it. Granted, it was to 4 split it in half and to create a two -acre lot, 5 because at the time, that's all I could do. 6 But I never bought the property intending 7 to keep a five -acre lot. And so through this whole 8 thing, I've had to battle that, you know, as an 9 investment. The higher the density gets, the more 10 valuable my property becomes, and that's why I 11 bought it. 12 I love living in the area. I love living 13 in Eagle. When this whole thing came up, the city 14 said, you know, okay, maybe we jumped the gun, or 15 maybe this is a little too much. Maybe 190 homes is 16 parachuting us in, but we'd like to try to make 17 everybody happy. And so I came to the meetings 18 thinking, you know, this would be positive and, you 19 know, this will be good. 20 And I was very impressed with -- with 21 Mayor Merrill. And she stood up at the first 22 meeting and said, Look, we have an opportunity here 23 to make a difference, to make a change, and 24 hopefully, you know, to find a middle ground. 25 She said, you know, the definition of 57 1 compromise is nobody really wins. Everybody gives, 2 just like I believe it was Chad said everybody give 3 a little. OP 4 So we went into those meetings with 5 that -- with that thought, that okay, this was a PP 6 chance to work together. I mean, I sat amongst 7 homeowners association presidents and developers, 8 and we all sat together. 9 And the thing I was most surprised at was 10 the lack of compromise from everybody that owned 11 two -acre lots. And it was only then that I started, 12 you know, coming to the realization that this is not NNI 13 going to be a compromise. The subdivisions are not 14 going to happy unless it stays two -acre 15 subdivisions. 16 And it was only then that I started to 17 wake up and think, wait a second this is -- truly mq 18 isn't a compromise. I thought the plan that they 19 came in from 190 homes down to 112 homes, that was a PP 20 compromise. 21 And seeing it from the developers side of MR 22 the fence, that's a huge financial compromise, 23 especially with the rate, at the rate that lots are RR 24 rising in Eagle. 25 If you look at the straight average, 95 58 Oil IMO 1 acres, 112 lots. Straight average, that's almost 2 one acre per lot. 3 Now, where things start to get confusing as 4 and complex is the subdivisions, the more 5 subdivisions we put in, the more stringent the City 6 of Eagle is because they want to create a greater 7 community, and I can understand that. 8 But I drive through Cavallo, I drive 9 through -- Henry's North Forty is right in my 10 backyard, and I drive through Canterbury. There's 11 no walking paths. There's no community areas that I 12 can see. There's no common areas, there's no public mm 13 gardens, there's not -- you know, I think there's a 14 pool in The Colony. But I drive through Cavallo and min 15 I drive through Henry's North Forty, and all there 16 are are 1.8 acre lots. Nothing else. 17 Well, and they're beautiful homes. I ""' 18 mean, don't get me wrong, they are beautiful 19 subdivisions. But as this -- as the development om 20 process continues and there's more and more 21 subdivisions, I remember hearing in a personal 22 conversation with the mayor, her saying, We're 23 asking developers to think outside the box. Don't 24 bring us a piece of paper with a bunch of 1 acre, 25 1.8 acre lots on it. 59 1 So in the developers defense, in order to 2 do that, they have to come up with these walking 3 paths, with these common areas which greatly reduces im 4 their ability to come up with bigger lots, 5 basically. 11.0 6 When I moved in, I'm in the county and 7 have recently annexed into Eagle so that I could mm 8 split my lot. Ada County, five acres was the 1.0 9 minimum. And before that, I'm sure ten acres was 10 the minimum, and at some point in time it was "' 11 twenty. 12 I mean, we've heard this before, but my 13 perception, and moving from a much higher dense area 14 than Eagle, my perception is if I want a two -acre 04 15 lot, I move into a subdivision of surrounding 16 two -acre lots. If I want a one -acre lot, I move 17 into a subdivision of surrounding one -acre lots. 18 That way I live in a community, really, a small 19 community of common neighbors, of houses that are 20 similar to mine. 21 I think the idea of trying to create 1.8 O P 22 down to .4 lots, I think it's a great idea. I 23 think, you know, people who want -- it's gives the 24 people opportunity to have everything they want. Ws 25 The last point I wanted to make, just in 60 1 the developers' defense, when they paid the money 2 that they paid for this land, and it's a whole -- 3 the economics of land in Eagle is a whole other 4 subject, but when they paid for this land, they were 5 assuming that they were paying to get two lots per 6 acre or two units per acre. 7 If they were to have to create two -acre 8 lots today for the price that they paid -- 9 (End of electronic recording). 10 (Beginning of electronic recording). 11 DUSTIN SIMPSON: And during one of these 12 sessions, these workshop sessions, and I said -- I 13 tried to explain to her from a developer's eye the 14 economics of that, and these two -acre lots would be 15 running at a million dollars. And she, Well, I want 16 to live in a community of million dollar lots. And 17 I said, Okay, all right, but not everybody does. 18 And that's all I have to say. I hope my 19 friends still like me. And I honestly can see their 20 point. I -- that's why it's been so long for me to 21 take a stance. And I appreciate your time. 22 THE COUNCIL PRESIDENT: Thank you. 23 Is there anyone else who would like to 24 testify? 25 Yes. 61 1 Do you swear to tell the truth, the whole 2 truth and nothing but the truth in the matter now 3 before us? 4 LYNN PROCTOR: Yes, sir. 5 THE COUNCIL PRESIDENT: Please state your 6 name and address. 7 LYNN PROCTOR: Lynn Proctor. 3665 West 8 Tabasco Trail. And I know it's getting late, so I'm 9 really going to try to stay to the three-minute 10 deal, but a couple things that I want to bring out 11 is that I've been a resident here for 22 years. My 12 wife was born and raised right here in this town. 13 And we've had to experience a lot of changes over 14 those years, and you know, it's not that long ago 15 that The Colony, Cavallo, Loch Lomond, Canterbury, 16 Henry's North Forty, they were all farmland. 17 We've all had to watch them grow and 18 expand and develop and everything, and just kind of 19 taking it with a grain of salt, whereas a lot of the 20 new people that are -- that live in these 21 subdivisions now, they had a different zip code, you 22 know, a year ago. And they like the subdivisions 23 they're in now, but they don't want to see any other 24 changes. 25 Well, 15 years ago, we kind of liked it 62 Yo UN Oil OEM MI OM MO 01111 SNP o.. MI 1 the way it was, too, but we created changes then, 2 and that's what created the subdivisions that they 3 live in nowadays. 4 So there's some things that -- that's 5 happened that's right next my place that I really 6 want to bring up that -- it's more of a personal 7 deal, but I mean, it's happened, and I've had to 8 experience it. 9 And some of the things is -- this is my 10 place here, and when -- when I bought this, the 11 subdivision right here next to me, they thought that 12 there should be a buffer that was between me and 13 them. And so we come to the meetings and we come to 14 this agreement that this grass piece right here 15 that's 35 feet long, and you know, about 500 feet 16 long with twenty 12 -foot trees, that was my buffer. 17 I had to put it in to satisfy those people. 18 So then I build my house, I live there a 19 couple of years, and this field sells right here. 20 Well, I knew the guy that owned the field, and I 21 figured he'd be the last guy to sell out, so I set 22 my house right back as close to that field as I 23 could. Well, he was one of the first ones, you 24 know. No big deal. 25 So I come to the meetings. And all I'm 63 OND O il DO OD all MO OD DO OD OD OD OD MP MI MID 1 asking is just a little buffer. I mean, I set my 2 house right there for a reason. There's a pool 3 right there in the backyard, and now I've got a 4 neighbor right here, you know. 5 And I've had to experience that change. I 6 mean, I used to be able to go outside and do 7 anything I wanted to do, and now I've got -- there's 8 four lots that back right up to my place. 9 And so, I mean, as much as anybody, I've 10 experienced this change, and I think everybody 11 that's here that lives in that area needs to 12 experience this change. You know, that's why the 13 new comprehensive plan was adopted, and I think that 14 the developers on this project have done a good job 15 to -- to stay within those guidelines, and really, I 16 don't even think they pushed the matter, because if 17 they pushed it, I think legally they probably even 18 could have gone with smaller lots. 19 That's about all I have to say. 20 THE COUNCIL PRESIDENT: Thank you. 21 LYNN PROCTOR: Thanks. 22 COUNCIL MEMBER: So no more skinny dipping 23 is what you're saying. 24 THE COUNCIL PRESIDENT: Is there anyone 25 else? 64 OS MI 1 Yes, go ahead, come on up. 2 Do you swear to tell the truth, the whole 3 truth and nothing but the truth in the matter now 4 before us? 5 DOUG HAGAMIER: Certainly. 6 THE COUNCIL PRESIDENT: Thank you. State 7 your name and address, please. 8 DOUG HAGAMIER: My name is Doug Hagamier 9 (phonetic spelling). I live on 3530 West Fieno in 10 Cavallo, so I live right here. So obviously I'm one 11 of the more affected homeowners on the south side. 12 THE COUNCIL PRESIDENT: Is there a stub 13 street right there? 14 DOUG HAGAMIER: Yes. Yes, it's Caretto. 15 THE COUNCIL PRESIDENT: And had that been 16 marked as a future -- 17 DOUG HAGAMIER: Oh, yes. 18 THE COUNCIL PRESIDENT: Okay, thank you. 19 DOUG HAGAMIER: Yes. Oh, yeah. Yeah. So 20 when I bought the property, I certainly knew that 21 future development would happen. And I don't think 22 anybody, in Cavallo anyway, ever dreamed that it 23 would stay a cornfield forever. But obviously I did 24 buy with the expectation that it was going to be 25 two -acre lots north of us, not, you know, some 65 1 transition to down to half -acre lots. 2 You know, comprehensive plan at that time, 3 which was less than two years ago when I bought the 4 property, you know, was that it was two -acre lots. 5 I won't go into all the whining that we have all 6 done about why and how the comprehensive plan got 7 changed, and there have been mentioned I suppose, 8 that maybe it was not legally. And perhaps it was. 9 I'm sure that it was. I won't argue with your city 10 attorney that it wasn't done legally. 11 But I will contend that it wasn't done 12 fairly. You know, I was a property owner at the 13 time. I received no notification. Now, I wasn't 14 living there during those times, but I had a mailbox 15 and a forwarding address, and I should have gotten 16 some notice. But again, I won't -- that's not why 17 I'm up here to complain about. 18 But we were talking about -- I think 19 Mr. Dumas was talking about having a big -picture 20 plan. Well, that was the big -picture plan, you 21 know, that this was going to be five -acre lots up 22 there, and this was going to be two -acre lots north 23 of Floating Feather. And that's what we -- that's 24 what we bought into was the big picture. And you 25 know, the big picture got changed kind of underneath 66 1 our feet. And you know, obviously I don't care for 2 that. 3 We were talking about -- someone was da 4 saying, you know, we keep adding homes, but it -- 5 and the repercussions are, you know, increased 6 traffic and the school situations and things like 7 that. Well -- and, you know, I think one of your 8 comments was it's not your job to make sure that the 9 roads are adequate because that's the county that 10 has to take care of that. 11 Well, I think it is your job to make sure, 12 though, that the -- that the city services, 13 including the roads, and things like that, are 14 adequate to meet -- to meet the plan. And if that's Es 15 putting the pressure on the county or figuring out ,m 16 how to do it or waiting until the solution is at 17 least proposed with a timeline before we do that, °" 18 because truly, the roads are a mess at peak traffic 19 times, and if you lived out there or watched it 20 happen, you would know. 21 You know, and then it's we that suffer. .11 24 The roads are a mess, and you know that. Part of 25 the reason we all moved out there was the country 22 It's your constituents that suffer. You know, the 23 schools certainly are overcrowded. You know that. 67 a4 1 feel, the -- you know, the ambience, if you will. 2 Obviously, your citizens are being compromised, and 3 we're suffering for that. as 4 I appreciate Mr. Proctor's dilemma of 5 having things get changed out from under his feet, mm 6 but I guess I can't say that I think that everybody mm 7 should have to experience that. You know, just 8 because he got burned by having four -acre -- or four "'a 9 lots in his backyard, I don't think that that's 10 really what you want to have done. I don't think mm 11 that that's the right -- the right methodology. 12 I think Mr. Guerber said that the people .o 13 are split on this -- on this issue out there. And 14 again, I haven't made a -- an absolutely 100 percent mo 15 comprehensive detailing of this, but I can pretty ,■„ 16 much say that everybody in Cavallo, everybody in 17 Canterbury, everybody in Henry's North Forty, 18 everybody in Loch Lomond, everybody up here, 19 everybody in -- what's that one right up here? mm 20 Callaway? I don't think there's anybody out there, 21 which is 90 percent of 95 percent of the residents mm 22 that are split on this issue. The only people that 23 are really split are people that might probably OR 24 profit from this change and -- or planning to. 25 So anyway, I appeal to you to do the right 68 air Mil GM INN 9111 OM OM MI O M MR r al MI 0111 OM 1 thing, and I think the right thing is to make the 2 95 percent of the citizens that live out there 3 treated fairly. It wasn't -- the plan wasn't 4 changed in a way that we believe is fair. Please 5 treat us fairly, and let's make this, you know, a 6 lower density situation out there. 7 THE COUNCIL PRESIDENT: Anyone else? 8 Yes, please come forward. 9 Do you swear to tell the truth, the whole 10 truth and nothing but the truth in the matter now 11 before us? 12 FORD ROGANY: I do. 13 THE COUNCIL PRESIDENT: Please state your 14 name and address. 15 FORD ROGANY: Ford Rogany (phonetic 16 spelling). Business address, 175 South Rosebud Lane 17 in Eagle. And I apologize, I didn't take any note. 18 I wasn't actually planning to come. I just returned 19 from an overseas trip, so I'm 12 hours ahead of 20 everybody else here and half asleep. I didn't take 21 any notes. 22 I'm also not going to try to make you guys 23 feel guilty about blaming everything on the City 24 Council and what you guys did to us. 25 I've been going to just about every 69 1 meeting that the city took regarding this area and 011, 2 everywhere else for the past, at least, three years. 3 And of course, the comprehensive plan that was ow 4 approved for this area for R-2 zoning in September 5 of 1984. ow 6 And as many people before me mentioned, 00 7 there's been lots of changes here. Some of us that 8 have been living in this area for a lot longer, 25 ow 9 years, remember the times that the minimum lot size 10 was forty and then twenty and ten and five and two, ow 11 and it goes on and on and on. 12 Well, I guess that's a fact of life, and w 13 it comes with progress, because at that time Eagle 14 had less 2,000 people living in it. That comes with OD 15 it, and we'll just have to somehow get adjusted. „m 16 I also get a little discouraged about some 17 of the people that cry and yell and scream about the 1°'' 18 fact at how unfair you are and you're ruining their 19 dream, and knowing they've been living in this area o w 20 only for eight months all together. Sometimes there 21 are some of them, their house is not even finished. ow 22 Well, say if you're that concerned, you 23 should have gone and talked someone and look at 24 their existing comprehensive plan that this is R-2 ,dOF 25 area and should not have maybe bought where they 70 1 bought. 2 Lots of the surrounding areas, also 3 (inaudible), and some of those people already spoke, 1.1 4 they already have intention of subdividing the land, 5 so some of them that refer this is larger lots, the 6 owners has the intention to subdivide it, and it's 7 not going to stay larger lots forever. 8 The thing is these properties originally, °■ 9 you remember, originally came with 192 lots, and the 10 current developer took a hard look at it, lots of mm 11 compromise, truly, come to 112. That's almost 45 12 percent reduction and going way beyond the city om 13 limits. 14 And they've done an excellent job, and of 15 course, some of the areas, like Loch Lomond and some 16 other ones, they want it to go for two units, but 17 (inaudible) the only reasons they couldn't because 18 of their sewer at that time. That was not 19 available. It couldn't come, and the developer was mm 20 in a rush to get the job done and get his money out 21 and move somewhere else. 22 So there's lots of details behind 23 everything that has been done in the past and what's 24 going on now that probably people are not aware of om 25 or didn't bring it up. 71 mw 1 I think the developer has really done an ma 2 excellent job and compromised quite well, and I 3 think that all their things that they compromised as 4 on, they've done, they should be taken into 5 consideration for approval of the project. ma 6 That's all I have to say. ma7 THE COUNCIL PRESIDENT: Thank you. 8 Is there anyone else who would like to ma 9 testify? 10 UNIDENTIFIED SPEAKER: Are we allowed to ma 11 offer any rebuttal testimony or not? 12 THE COUNCIL PRESIDENT: Not rebuttal, no. ma 13 But the developer is. The developer makes the 14 initial statement, and then it, based upon ma 15 testimony, has the opportunity to reflect upon that ,,,m 16 testimony. And so that's where we are right now, is 17 we're at the point of the developer having an ma 18 opportunity to make a closing statement. And 19 hopefully they'll -- the developer will keep this ma 20 concise, but that's not required. 21 RONDO FEHLBERG: Thank you. I'm Rondo ma 22 Fehlberg appearing again for the developer. You've 23 been very patient, and we appreciate your patience ma 24 and your careful questions. „a 25 There -- there really is a pretty 72 aA MR GNI 1 straightforward decision that you need to make, and 2 that has to do with the comprehensive plan that you 3 went through, and whether or not that plan is MP 4 something that we -- that we intend as a community 5 to follow in the future, and of course, we intend to mm 6 be here for quite a long time. OR 7 There is -- when you have a comprehensive 8 plan like that, a certain element of fairness, we °" 9 were quietly impressed as you worked through things 10 with the previous applicant with respect to mm 11 Eaglewood, and we've been through that same process 12 and certainly expect similar kind of treatment in OR 13 similar sorts of evaluation and fairness from the 14 council. That's what we've come to expect. That's MR 15 why we went through the wrenching process we've been 16 through. 17 We're disappointed that -- that we've 01 18 heard a lot of things that -- that surprise us a 19 little this evening, because in some cases, it came 20 from people with whom we had made significant 21 compromises, and in the end, we see that even that MR 22 wasn't enough. And so we tend to agree that no 23 compromise short of the status quo will satisfy mm 24 people. am 25 But there is a major problem brewing out 73 ON 1 here if we continue with the status quo. The QM 2 problem of the septic tanks, the problem of ground 3 water, the problem of continued city services at 4 that level over time, when everything flows downhill 5 is, I think, something that -- that the Planning d u 6 Commission did address, and addressed courageously, 7 and I think also was part of the comprehensive plan OP 8 as you looked forward. du 9 And so all we ask you to do, I think now, 10 is simply do the best you can to filter through d u 11 everything you've heard, which has not been -- not 12 been easy, and I shouldn't make harder by du 13 continuing, so thank you very much for everything 14 that -- that you've been through in trying to hear OD 15 all this, and for the fairness with which you've du 16 heard our application. 17 THE COUNCIL PRESIDENT: Thank you. "R 18 We've come to the time where we need to 19 close the public hearing. I can't make eye contact 20 with our legal counsel. She's -- there she is. 21 I believe that I am acting appropriately MP 22 when I close the hearing now, that everyone who's 23 been given an opportunity to speak and a closing du 24 rebuttal statement by the developer, and now the ,R 25 matter will come back to the City Council for -- 74 1 COUNCIL MEMBER GUERBER: Could I -- 2 THE COUNCIL PRESIDENT: -- consideration. 3 Just a minute. 4 And so right before I close the public 5 hearing, it looks like Councilor Guerber would like 6 to -- 7 COUNCIL MEMBER GUERBER: Which I don't you 8 to do. 9 THE COUNCIL PRESIDENT: Okay. 10 COUNCIL MEMBER GUERBER: My recollection 11 is that one of the requests that was made by staff 12 was that they have a chance to look at the 13 adjustments that have already been made in this most 14 recent proposal, and that -- to be able to respond 15 to several things, a relocation of the pathway from 16 what we've looked at, some adjustments in lot sizes 17 and locations, and I think if we close the public 18 hearing, we won't have a chance to hear from them 19 after they've had a chance to look at this if we 20 continue this to the next council meeting. Is that 21 correct, or am I wrong about that? 22 THE COUNCIL PRESIDENT: Susan? 23 SUSAN: I'm going to ask Bill and Nicole. 24 They've reviewed this. It appears, from my review 25 of the changes, they don't appear to be significant 75 Ilml 1 changes. ow 2 NICOLE BAIRD SPENCER: I would not call 3 them substantive changes. ow 4 SUSAN: All right. 5 NICOLE BAIRD SPENCER: My -- MR - MR 6 SUSAN: Or material, they're not material Now 7 changes. 8 NICOLE BAIRD SPENCER: My request was just o w 9 that there are some lot and block number labeling 10 that if the council is comfortable with these ow 11 changes, that's fine. Just leave me a condition 12 that I can make sure that we get the lot and block PM 13 labeling correct. 14 THE COUNCIL PRESIDENT: So we need to wo 15 establish a condition that allows for final review OR 16 before -- 17 SUSAN: Right. That would be more of a ow 18 clerical type of a condition, to make sure that the 19 lot and block are -- conforms with -- with what as 20 we've got in our records. 21 NICOLE BAIRD SPENCER: The lot and block ow 22 and plat notes conform with the city -- 23 .SUSAN: Right, and that would be -- those 24 would be clerical things. ow 25 And with regard to material changes, when 76 an 6 surrounding areas. ,.. 7 And it appeared that those impacts, 8 because of the reduction of the lots, the increase 9 in the lot sizes from the last plan that you had 10 before you, it appears there is not a material 00 11 change as was defined by the Fourth Judicial 12 District Court in the State of Idaho, so . . 1 they're reducing lot sizes, reducing the lot size 2 numbers, and moving like pathways and roadways, we 3 do look at whether those -- those movements have a 4 material change to an impact, a greater impact or 5 greater intensity of impact to especially the ao 13 THE COUNCIL PRESIDENT: Okay, thank you. vo 14 Any further questions before I close the 15 hearing? a■ 16 I will not close the public hearing and 17 bring the matter back to the council for debate and 18 action. 19 MR. BANDY: Do you want me to start again? 20 THE COUNCIL PRESIDENT: Mr. Bandy. 21 MR. BANDY: I can certainly do that. I -- 22 just a few things. First of all, I -- the 23 discussion tonight's really a good opportunity to 24 highlight some of the differences between a■ 25 Planning and Zoning and City Council. 77 1 Staff does a great job at advising both 2 the council and the commission. The commission 3 really is bound by city ordinance, city code, comp 4 plan, prescriptions, and a lot of the efforts that 5 the commission makes really are within that context, 6 and they really don't have a lot of discretion. 7 More often that not, when we get to the 8 end, and we do recommend either approval or denial 9 to City Council, we talk to the developers and let 10 them know that it would be to their benefit to work 11 with the surrounding folks of that development. 12 And you know, they have another 13 opportunity to come before City Council, if anything 14 can be reconciled between the Planning and Zoning 15 and City Council, all the better. 16 So in this instance, it sounds to me like 17 they did that. The proposal early on was to 18 potentially move that pathway, if that was amendable 19 to folks, and it looks like they did that. They 20 made some other changes that both the folks in the 21 area, neighboring adjacent properties requested, and 22 that the Planning and Zoning had recommended, as 23 well. 24 That's the only other comment I would make 25 on that particular point is that both the council 78 INV arp 1 and staff and Planning and Zoning all have to keep 2 in mind the desires of the entire community. This 3 is one area, and one very important area of the 4 city, but we also need to take a look on the broader 5 scale and keep all of that in perspective. mo 6 The second point I wanted to address was 7 the rationale on transition that we went through on 8 this transitional acreage, and you know, two -acre 9 lots a long time ago were really designated because 10 most acreages in this area needed a well, a private aim 11 well and a septic system. 12 Well, septic systems also need leach elm 13 fields, and leach fields also have to have a 14 replacement leach field if that one, if and when, 15 actually when it fails. So two acres was the sim 16 minimum designation. 17 Well, this is going to be served by water mm 18 and sewer, so there's not the necessity to have that 19 much acreage to accommodate those different pieces ar 20 at this point. So Planning and Zoning, when we 21 address this, we said, well, what would be 22 reasonable? What would be a reasonable -- if we my23 were to transition and reduce, and we went through 24 the scenarios of five, ten, fifteen, up to �.a 25 twenty-five percent reduction in those lot sizes, 79 011 aha .hn 6 earlier that their haven't been very many two acre 7 subdivisions approved. Well, there's been several 8 in the last couple of years. One in particular that 9 I remember is Tanglerose subdivision just off of 10 Beacon Light. And just the other day, I happened to ohha 11 be out driving around, saw a for sale sign on a lot, 12 pulled out the flier, and it was a 1.8 acre lot, and 1 and twenty percent seemed to be a reasonable -- and 2 that's what the recommendation of City Council was. 3 A twenty percent reductions about a little over a 4 third of an acre below. 5 Third and last point is is the comment ER 13 the price on that 1.8 acre lot was $344,000 and 14 change. 15 So in my mind, does a $350,000 two -acre 16 lot support diversity in Eagle? I don't think so. 17 I'm lucky that I moved here seven years ago and 18 bought in because I couldn't afford to live here 19 anymore. And I certainly wouldn't be able to live hah 20 in a two -acre lot. I'd be hard pressed to afford a 21 half -acre lot. No 22 So in my mind, if we're talking about ao 23 diversity of lot sizes, diversity in the community, 24 looking community -lot -wide, this -- this is kind of 00 25 an inevitable step in some of these areas that we're 80 N. 1 looking at where we're trying to transition from an 2 these five-, two -acre lots and then into these two 3 acres into the plan unit developments. ao 4 I think the developers made a lot of 5 concessions and compromises to try to make that MR 6 transition fit. They're fitting the comp plan 7 designations. They are -- definitely are trying to 8 work with their surrounding neighbors to get that 9 transition with the lot lines and those sorts of 10 things. ✓ o 11 So in my mind, it fits with the direction 12 we're looking at. It fits into the comp plan a■� 13 designations and in that area. 14 I think that's about all I had. am 15 THE COUNCIL PRESIDENT: I'd like to speak OR 16 next, and then we'll maybe just go right down the 17 line. `'' 18 One of the things that I have always 19 insisted upon is interconnectivity of communities. ON 20 We will often have a subdivision saying, We don't 21 want to be connected to the subdivision next door, min 22 because those people might come through and use our 00 23 streets. 24 And that's exactly what I'd like to see w e 25 happen, that people who live next door in a new 81 IMO 1 subdivision have the opportunity to not go out onto 2 a major street in order to come around and visit 3 you, but go down through interior streets and make um 4 that visit. 5 Children in school, grade school, middle u m 6 school, high school develop friendships are going to ® 7 want to visit each other, and that's what makes us a 8 community. If we become isolated and not connected, u m 9 we're no longer a community, but we're just little 10 chunks of islands out there. 11 And some people have gone to the point 12 where they want to have gated communities and imm 13 private streets and exclusivity, and that rankles 14 me. I just don't think that that's the kind of imm 15 thing that we ought to be promoting in the City of ® 16 Eagle, although we have subdivisions where that's 17 been proposed and is -- we have some of those ''i° 18 situations. 19 The other thing that I think um 20 philosophically is that it would be best if we had a 21 community in which we had people who are of ao 22 different incomes and different economic backgrounds 23 living together within the community. Imp 24 And so I don't see anything wrong, I know NIG 25 some people do, of having smaller lots next to 82 1 larger lots next to big lots. But I think if we 2 have that kind of diversity within the community, we 3 have a -- more of a community feeling. ao 4 If it's just exclusive groups that are the 5 very wealthy can live in this community and the very up 6 poor have to live over here someplace across the 7 freeway or the railroad tracks, I don't think that 0.1 8 builds healthy communities. 9 I think healthy communities are built by a 10 weave of different lifestyles and different income 11 levels, social economic patterns, and I think that's 12 healthy for a community to be that way. Young 13 people that grow up in neighborhoods where they can 14 associate with different individuals. And of 1.0 15 course, they have the pathways and the walkways and o., 16 so forth that allow them to interconnect. 17 So I think this is an appropriate 18 development. It is not exactly like the 19 developments around it. It does not maintain the um 20 two -acre lot size. But it does offer some very 21 attractive things. It offers some open space, it ..w 22 offers a pool, community pool, it offers walking 23 pathways, things like that. 24 Do you think people want to buy into this Mg 25 community? I think so. I think the houses will 83 1 sell, and I think you'll get great neighbors. 2 They'll be people somewhat like you. They could be 3 even a little bit different, and that would be good. 4 The spice of life is to have some differences. 5 A comment was made about traffic and how 6 the traffic is getting to be. I remember when I 7 moved here -- well, I can remember way back when I 8 lived here as a child. In 1951, went to a school 9 that was where Eagle Elementary School is now, and 10 down below was the high school. It was a wonderful 11 community. 12 It didn't have all these people here, it OR 13 didn't have a, you know, subdivision we have today. 14 It probably was about 1,500, if that, in population. 15 Have we ruined it by all of us moving in here on M, 16 what was a few years ago farmland? You seem to like 17 it. You like your neighborhood and your community, 18 and I think that with time we'll have progress. 19 And I sense the criticism of the City mm 20 Council and Planning and Zoning and the city staff. 21 We think we've done a good job. Of course, you aq 22 know, who wouldn't if they were in my shoes think 23 that they've done a good job. You'd hate to think aq 24 otherwise. pm 25 But you know, a lot of people like Eagle. 84 aq 1 They think Eagle is a good place to live. They move 2 here to bring up their children here. That's why I 3 moved back. I like Eagle. 4 I like the various places in Eagle, too, 5 all the way from the Eagle Ranch, which was kind of 6 an older portion of Eagle, but relatively new was 7 really built in the 1980s. That's, in my mind, 8 relatively new. 9 And we have a wonderful community. Eagle 10 Fun Days and the firemen coming and spraying the 11 kids. We have Country Christmas and all the 12 activities. And we have tried hard as a council to 13 have planned communities that provide walkways, 14 pathways, amenities. um 15 We've also planned to have country areas, 16 as well, but I don't think the whole city should be 17 country. I don't think it all should be high a1° 18 density in row houses that we have in some of the 19 places downtown either. But I think there's places do 20 for those, and I think they can be compatible places 21 in a sense in the same community often in times in 22 the same neighborhood. And so I don't think this is 23 really a bad thing. mg 24 And finally, the attack about the roads, I 25 agree, we have a lot of traffic, but this is what 85 ao MI BIM INNI MO MI IIM 00 NMI 1 the Ada County Highway District said. The proposed 2 site plan is approved if all of the site-specific 3 and standard conditions of approval are satisfied. 4 ACHD requirements are intended to assure 5 that proposed use development will not place an 6 undue burden on existing vehicular transportation 7 system with the vicinity impacted by the proposed 8 development. In their opinion, this is an approved 9 subdivision that will not put an undue burden on the 10 traffic. 11 Now, I don't know what undue burden means. 12 As I drive down State Street to go into town, I get 13 a little impatient because it's kind of lined up in 14 the morning, and as I come back out State Street, 15 the same thing. 16 But when I'm on Floating Feather and in my 17 neighborhood and throughout Eagle, I don't really 18 feel that we're terribly congested. I think Eagle 19 Road is a little bit busy during the commute time. 20 I think we have a great community. I 21 think we have to make allowances for diversity, and 22 I will vote in favor of this proposal. 23 COUNCIL MEMBER: Do I have to be next? 24 THE COUNCIL PRESIDENT: No. 25 COUNCIL MEMBER: Well, this is -- this is 86 1 one of those situations that I think all of us up 2 here hate to go through. I know I do, because, you 3 know, no matter what you do, you're going to 4 probably have some people who call you and others 5 who will catch you in the street and express their 6 opinions, which generally those are the people who 7 are unhappy rather than having to go through that 8 kind of process. 9 When we looked at -- well, when we looked 10 at Moffat subdivision, I think one of the things 11 that we saw with Moffat was -- was none of the 12 transition that at least is, you know, attempted 13 within this subdivision from the standpoint of 14 higher -- of larger lots along the fringes that 15 reduce the impacts of those around it, and I didn't 16 really see that with -- with Moffat, and I think 17 there was a concern about that. 18 And as I said at that time, and will say 19 again, the city made a mistake in what happened 20 within this area from the standpoint of not 21 appropriately identifying the areas that were being 22 changed at the area of impact. 23 And I continue to find that frustrating, 24 because what it really did was basically put us in a 25 position where we have to go through the testimony 87 1 that we have tonight, where we have to go through 2 the unhappiness of residents that live out in that 3 area that justifiably are frustrated by the fact O P 4 that the changes were made that they weren't happy 5 with and that -- that leaves us in a situation where No 6 we almost can't win, no matter what we do. ma 7 And so, you know, that irritates me 8 probably as much as anything does that, you know, I O0 9 sit here having to make a decision that I wish we 10 really wouldn't have been in the first place. 11 But I can't -- you can't go back and stuff 12 everything into the box once it's out, and this is 13 certainly one of those kinds of cases. And as a 14 result, we end up basically with a development that 15 is allowable because of what we did, and then we „a 16 have to decide, do we live with what we did? 17 Some people would say because, you know, +f 18 it was a mistake, does that mean what you'd consider 19 the other mistakes, you know, are the things to CIII 20 follow. And maybe that's what we have to do, so we 21 figure out could we minimize the mistakes or the 01. 22 problems that are created by that kind of situation, 23 because we can't go back and change where we are. I 24 wish we could, but it -- realistically, we can't. SNP 25 I wish that when we got subdivision plats 88 1 we could see them from ground level instead of 2 always looking down on top, because what I have 3 found in some subdivisions that -- people, you know, 4 talked about all the housetops they were going to 5 see and how overcrowded it was going to be and all 6 those kinds of things. 7 What I've discovered when I've driven past 8 those subdivisions once they're built was, Gee, I 9 only see some houses along the edge. I don't see 10 all the rooftops, I don't see all the lots that I 11 saw when I was flying at 3,000 feet over 12 subdivisions, because that's what it looked like 13 from up there. 14 And I guess because of that, over a long 15 period of time with a number of subdivisions and all ,w 16 of the things that have taken place here, I've 17 started to learn that if you can't see it and you lam 18 couldn't even hit it if you shot a howitzer, it's 19 probably is -- the impacts may be a lot less than 20 you would think they would be out of where you live. 21 And I think that this is an example of ao 22 where there are some of those that live a half mile 23 or more away probably aren't going to see a whole 24 lot of things because of this, and you know, looking 25 from up above doesn't have the same perspective, I 89 1 guess, once a subdivision is built. 2 Considering where this started out, this 3 is a whole lot different. I think the developer 4 has -- has made changes to try to deal with the 5 problem. I do agree with the -- one of the 6 gentleman, and boy, I'm not sure which one it was, 7 that lives -- that mentioned that fact that he kind 8 of sat up high and was going to be looking out on 9 rooftops and things and was looking at the 10 transition, at some kind of a transition area, and 11 what would be the northeast portion, I guess, of the 12 subdivision. 13 And you know, I think that's a 14 possibility, but again, there's an awful lot of land 15 between where he is and what's ultimately going to o. 16 take place. And we've gone through this, I think, 17 in other cases with subdivisions people that 0.1 18 (inaudible) concerned about the impact when the were 19 looking down on potentially they thought rooftops, 20 and we kind of calculated out that, you know, 21 sitting half a football field away does not 22 necessarily mean you're kind of sitting on top of 23 the people who are in your backyard. 24 I know that there are -- any time you 25 build another subdivision, you're going to have an 90 1 impact, and I look at trying to figure out what can 2 be done to minimize it, and I think in this case, a 3 lot of that took place. 4 I think the developer tried to at least 5 have contact with people, so -- you know, sometimes 6 we have a developer come in and he hasn't talked to 7 anybody, and it's a big surprise, and things like 8 that. They haven't seen the concepts that would 9 have discussions. And I think in this case, those 10 kind of things took place. 11 I don't think the subdivision is going to 12 lower property values as was the concern of me 13 Mrs. Meniphee, and I have not seen anywhere in Eagle 14 where developing even smaller lots in the some -- in aw 15 the vicinity of larger lots has dropped prices. „q 16 Now, I don't know, maybe some of you have 17 lost big time money because of this. Come and see 18 me if you really have, but I -- I'm not sure, and 19 I'm somewhat hesitant to believe that property am 20 values are starting to plummet because we're putting 21 smaller lots in the City of Eagle. 22 I think in the discussion that I had with 23 Mr. Dumas, just like beauty is in the eye of the 24 beholder, high density, obviously, and low density 25 is in the eye of the beholder, too, but I think he 91 or 1 really did make some good points about the fact °° 2 that, you know, your perspective does really vary 3 within the city. OR 4 People who live downtown, even they were 5 concerned about the 16 lots per acre subdivision we o g 6 looked at not too long ago. But when it got down to 7 12 lots per acre, they were starting feel like, OR 8 well, that's a little bit more allowable, depending 9 on what the design of it was, and things. 10 Well, if I put 12 homes to an acre, 11 whether they be apartments, or whatever, out there, 12 there would probably be real concern about that kind O R 13 of a thing. 14 But we're talking half -acre lots or a oo 15 little bit less than that in this area, and I think ,,,, 16 compared with twos, that almost is in the same 17 perspective as downtown, so I understand that, 101 18 perspectives and, you know, and the variety of 19 interpretations that can take place. ao 20 You know, I guess kind of what I'm saying 21 is these are observations of mine. The bottom line go 22 is I wish that -- I wish these were two -acre lots. 23 It would make this decision a whole lot easier, I o o 24 think, and probably something that would make a „o 25 whole lot more people happy. 92 MI MIR 1 But I think with the transitions that are 2 built into this, I think Stan had a great deal to 3 say about -- about the variation and variety that we 4 can bring into communities, and I think this is an 5 example of something that is a good subdivision if 6 you're going to do that type of thing, and I'm 7 favorable. 8 COUNCIL MEMBER: I would certainly reflect 9 a lot on what was said up here already tonight. I 10 think I want to express the fact, too, that this 11 area was kind of overlooked when we did our Soaring 12 25 plan, and it obviously because a mistake after 13 the fact, and it already has been expressed, we do 14 regret missing it. 15 Having said that, we did address it, we 16 are conscious of it. In going forward, we have the 17 ability to take the input and try and do the right 18 thing, I guess I what it comes down to. 19 For the record, I think this transition 20 they've come with is an amazing change, and I think 21 it's a heck of a nice looking subdivision. I think 22 when you get this boiled down to 1.17 acres per 23 unit, I think they've tried awful hard. 24 I'd only encourage somebody to drive by a 25 subdivision like Countryside off of Ballantyne and 93 Irp 1 see the same kind of transitioning that goes in. I 2 have to live next door to that in another 3 subdivision, and fought it all the way up to the 4 time it was built when I lived there, and after the 5 fact, I drive through it all the time now, and I 6 don't find it disheartening at all. 7 I do think there's lots of other product 8 that's got to come to this market as we grow and try 9 and expand and understand the changing needs of the 10 environment that exists when you talk about land use 11 planning, how we're going to see our city evolve. 12 I mean, it takes a new direction every 13 time somebody else wants to join the City of Eagle 14 and bring in property that before we never even 15 conceived of could be a part of the scheme of the 16 big picture of being in the City of Eagle. 17 The comprehensive plan is very much a 18 document to try and give guidance, but it's not an 19 absolute document, and please bear that in mind. 20 What, we've changed it seven times in the last 12 21 years. I mean, it -- and we're going to do it at a 22 more rapid pace going forward, just because that's 23 what is required. 24 I'm not going to go with a lot more, 25 because it's already been said, except to tell you 94 1 that in my heart of hearts, I -- I don't think that 2 we should change the original density, at least on 3 this portion. I do think we need to figure out how 4 to transition the area west of Linder Road. 5 But having said that and trying to weigh 6 it all, even though I do like the subdivision, I'm 7 going to go back to my original belief, and that's 8 that I'm going to vote against this on the basis of 9 the fact that I believe in the land use big picture 10 that this should still be two -acre transitioning 11 towards Linder Road. But it -- I could be easily 12 swayed the other way. I just want you to know that. o. 13 THE COUNCIL PRESIDENT: A motion? 14 ATTY7: I'll make a motion. Currently 15 I'll make a motion -- I'll make a motion that we 01, 16 approve item A-08-05/RZ-12-05/PP-11-05 Park Place 17 Gardens subdivision with all of the site-specific 18 conditions included. 19 THE COUNCIL PRESIDENT: Is there a second? mm 20 ATTY8: Second. 21 THE COUNCIL PRESIDENT: There was a 22 request that a condition be placed in there that 23 would require staff to review and approve the 24 changes that have proposed tonight. 25 NICOLE BAIRD SPENCER: I actually have two 95 raq WI RR RIR MI PRI RR MI loR CKI NMI AR PER MI 1 points of clarification. That, yes. The other 2 question is are you approving the submittal as 3 proposed by the applicant with the transition of 4 those lots and the relocation of the pathways? 5 ATTY7: Yes, on both counts. I amend my 6 motion to accommodate both of those items. 7 ATTY8: Second agrees. 8 THE COUNCIL PRESIDENT: Okay. All in 9 favor say aye. 10 COUNCIL MEMBERS: Aye. 11 THE COUNCIL PRESIDENT: Those opposed, 12 nay. 13 COUNCIL MEMBER: Nay. 14 THE COUNCIL PRESIDENT: The ayes have it. 15 It is approved. 16 Thank you for being here tonight. I hope 17 you really don't feel frustrated. Maybe some of you 18 do, but we've gone through a lengthy public process, 19 and that's the decision of The Board. 20 (Concluded) 21 22 23 24 25 96 NMI CERTIFICATE STATE OF UTAH } . ss. Salt Lake County } I, Darlene C. Minjares, do hereby certify that the foregoing pages contain a true and accurate transcript of the electronically recorded proceedings and was transcribed by me to the best of my ability from the audiotapes furnished to me. DATED: February 21, 2006 Darlene C. Minjares 97 EAGLE CITY COUNCIL Joint Meeting with Eagle Sewer District Minutes February 28, 2006 1. CALL TO ORDER: Mayor calls the meeting to order at 5:30 p.m. 2. ROLL CALL: Eagle City: BASTIAN, GUERBER, NORDSTROM, BANDY. Nordstrom is absent. A quorum is present. Eagle Sewer: GIFFORD, BROOKS, FERGUSON, HENDERSHOT, PATTERSON. Patterson is absent. A quorum is present. Mayor: Discusses the impact meetings with the City of Meridian on the West Chinden Blvd. area. Lynn Moser: Provides an overview of the Sewer District Master Plan. The Board has approved the Phyllis Canal plan. General discussion. 3. DISCUSSION OF WASTE WATER PACKAGE PLANTS. 4. DISCUSSION ON GROWTH IN THE FOOTHILLS AND THE WEST EAGLE AREA. Mayor introduces the issue Items #3 and #4. Discussion on current service area and expansion to the West of the City. Discussion on the growth in the Foothills Area. General discussion on the use of package plants and the operation. Discussion on the Sewer District managing a package plant and ownership of the package plants. 5. ADJOURNMENT: Bastian moves to adjourn. Seconded by Bandy. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 6:20 p.m. Respectfully submitted: SHARON K. BERGMANN CITY CLERK/TREASURER APPROVED: N NCY MERRILL M YOR ,,,, I.., 1,1,,,,,, •••.• OF Eq c.>" ?ORAS•• • . F o : C • • • :- S E 0 i. • • > • SO0RPOR . $ 10. Page 1 Is 'COUNCIL .IINUTES 7cmporary Minutes Work .1ra%CC-02 2P•06Join1 meeting mm doc