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Minutes - 2006 - City Council - 08/08/2006 - Regular EAGLE CITY COUNCIL Minutes August 8, 2006 PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. I. Discussion regarding Urban Renewal: Ryan Armbruster. Ryan Armbruster, Elam & Burke, distributes information in regards to Urban Renewal to the Council and provides Council an overview of the urban renewal process. General discussion. Council directs the City Attorney to proceed with a professional services contract with Mr. Armbruster to be brought to the Council at their meeting on August 22, 2006. 2. Discussion of Treasure Valley Clean Cities Coalition MOU. (SJB) Council Member Bastian: Provides Council information on the TVCC MOU that was approved by the Mayor and Council. This is a request for financial support. Discusses the goals of the TVCC. General discussion. I. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:27 p.m. '2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. Nordstrom absent. A quorum is present. City Attorney: I would ask the Council to amend the agenda to add as new business a consideration of the 8/4/06 letter agreement submit by Aries Development regarding the Brookwood well cost estimate; consider a document out of my office sent over today, the Acknowledgment, Consent and Waiver of Conflict of Interest for the City of Star and City of Eagle to work together in response to the July 14,2006 letter from the Ada County Commissioners; and amend the Executive Session to add Acquisition of Private Property. Bastian moves to amend the agenda to include the following: Under New Business: lOD Brookwood well, lOE. RFP GIS mapping, lOC TVCC MOU; lOF. Conflict of interest of Waiver, 12. Executive Session add Acquisition of Private Property. Seconded by Bandy. ALL AYES: MOTION CARRIES................. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT: None 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. B. DR-47-06 -Two Multi-Tenant Office Buildinl!s and Common Area Landscapinl! within Inland Subdivision No. 1 - Robert Erland: Robert Page 1 K\CQUNCIL\MINUTES\Temporary I\finutes Work Area\Cr -08-08-06min doc Erland, represented by James Gipson with James Gipson Associates, is requesting design review approval for two multi-tenant office buildings and common area landscaping within Inland Subdivision. The 1.64-acre site is located on the south side of East Iron Eagle Drive approximately ISO-feet east of South Fitness Place at 1371 and 1395 East Iron Eagle Drive (Lot I, Block I, Inland Subdivision). (WEV) C. DR-48-06 - Master Sil!n Plan for Two Multi-Tenant Office Buildinl!s within Inland Subdivision - Robert Erland: Robert Erland, represented by James Gipson with James Gipson Associates, is requesting design review approval of a master sign plan for two multi-tenant office buildings within Inland Subdivision. The 1.64-acre site is located on the south side of East Iron Eagle Drive approximately ISO-feet east of South Fitness Place at J371 and 1395 East Iron Eagle Drive. (WEV) D. DR-55-06 - Medical Facilitv for St. Luke's Rel!ional Medical Center (phase n - St. Luke's Rel!ional Medical Center: St. Luke's Regional Medical Center. represented by Thomas Zabala, AlA, with ZGA Architects and Planners, is requesting design review approval to construct the first phase of a medical facility consisting of 61, 700-square feet. The site is located on the southwest corner of East State Street and Horseshoe Bend Road at 3 101 East State Street. (WEV) E. DR-59-06 - Common Area Landscapinl! within Vizcava Subdivision - Patriot Capital Partners LLC: Patriot Capital Partners, LLC, represented by Jeremy Ainsworth with The Land Group, lnc, is requesting design review approval of the common area landscaping within Vizcaya Subdivisioll. The site is site is located on the south side of Beacon Light Road between Los Luceros Drive and Edgewood Road at 1425 East Beacon Light Road. (WEV) F. DR-60-06 - Monument Sil!n for Vizcava Subdivision - Patriot Capital Partners. LLC: Patriot Capital Partners, LLC, represented by Jeremy Ainsworth with The Land Group, Inc, is requesting design review approval to construct two monument signs for Vizcaya Subdivision. The site is located on the south side of Beacon Light Road between Los Luceros Drive and Edgewood Road at 1425 East Beacon Light Road. (WEV) G. DR-65-06 - Entrv Feature and Monument Sil!n for the Sports Academv Facilitv within Lel!acv PUD - Todd Santial!o: Todd Santiago, represented by Michael Simmonds with ZGA Architects and Planners, is requesting design review approval to construct the entry feature and monument signage for the Sports Academy Facility within Legacy PUD. The 228-acre site is generally located near the southwest corner of Floating Feather Road and Linder Road. (WEV) H. DR-66-06 - Common Area Landscapinl! and Clubhouse within Eal!lefield Estates - Eal!lefield LLC: Eaglefield LLC, represented by Eric Jensen with Jensen Belts Associates, PLLC, is requesting design review approval of the common area landscaping and a 2,040-square foot clubhouse within Eaglefield Estates. The 142.4-acre, 369-lot (312-single family lots, 15-four-plex lots, and 4 I-common lots, I-well lot) residential subdivision is generally located 650-feet west of Linder Road and north of State Highway 44. (WEV) I. Findinl!s of Fact and Conclusions of Law for A-4-06/RZ-4-06 & PP-4-06- Annexation and Rezone from RUT to R-3-DA and PreUminarv Plat for Kathleen Estates Subdivision - Dave Y orl!ason: Dave Y orgason with Capitol Page 2 K \COUNCIL\1\1INUTES\Temporary Minutes Work Area\CC-08-08-06min.doc Development is requesting annexation of9.99-acres and a rezone from RUT (Rural Urban Transition) to R-3-DA (Residential three units per acre maximum with a development agreement) and preliminary plat approval for Kathleen Estates Subdivision. The 35-lot subdivision (29-residential, 6-common) consisting of I 0.5 I-acres is located on the west side of North Park Lane approximately I ,320-feet north of West State Street at 325 North Park Lane. (WEV) J. Appointment to the Historical Preservation Commission: The Mayor is requesting Council confirmation of Dr. Dee Dee Sharp to the Commission. Dr. Sharp will be fulfilling the remainder of a vacated term which will expire in November 2007. (NM) Bastian removes the following items from the Consent Agenda: Items #A, D, G and H. Bastian moves to approve the Consent Agenda with Items SA, D, G, and H removed. Seconded by Guerber. ALL AYES: MOTION CARRIES...................... SA. Claims Al!ainst the City. This item will moved to the end of the Agenda as the Council has not had sufficient time to review the claims. 5D. DR-SS-06 - Medical Facilitv for St. Luke's Rel!ional Medical Center (phase n - St. Luke's Rel!ional Medical Center: St. Luke's Regional Medical Center, represented by Thomas Zabala, ALA, with ZGA Architects and Planners, is requesting design review approval to construct the first phase ofa medical facility consisting of 6 1,700-square feet. The site is located on the southwest corner of East State Street and Horseshoe Bend Road at 310 I East State Street. (WEV) This item will be heard with Item #9C. 5G. DR-6S-06 - Entrv Feature and Monument Sil!n for the Sports Academv Facilitv within Lel!acv PUD - Todd Santial!o: Todd Santiago, represented by Michael Simmonds with ZGA Architects and Planners, is requesting design review approval to construct the entry feature and monument signage for the Sports Academy Facility within Legacy PUD. The 228-acre site is generally located near the southwest corner of Floating Feather Road and Linder Road. (WEV) This item will be heard with Item #9D. 5H. DR-66-06 - Common Area Landscapinl! and Clubhouse within Eal!lefield Estates- Eal!lefield LLC: Eaglefield LLC, represented by Eric Jensen with Jensen Belts Associates, PLLC, is requesting design review approval of the common area landscaping and a 2.040-square foot clubhouse within Eaglefield Estates. The I 42.4-acre, 369-lot (312-single family lots, 15- four-plex lots, and 4 I-common lots, I-well lot) residential subdivision is generally located 650- feet west of Linder Road and north of State Highway 44. (WEV) Mayor introduces the issue. Zoning Administrator Vaughan: Discusses the 2,040 square foot clubhouse within Eaglefield Estates. I understand that it will have a kitchen and bathrooms. I know that when Brookwood Homeowner's Association held a meeting at the Senior Center there were approximately 125 people and it filled the center. General discussion. General Council discussion. Bandy moves to approve DR-66-06 - Common Area Landscaping and Clubhouse within Eaglefield Estates. Seconded by Guerber. ALL AYES: MOTION CARRIES................ Page 3 K.\C'OUNCIL\J\.lINUTES\Temporary Minutes Work Area\('C' -08-08-06min.doc 6. PROCLAMATIONS & RESOLUTIONS: A. Resolution 06-34: By The City Of Eagle To Accept The Recommendation Of The Coalition For Regional Public Transportation For Local Option Sales Tax As The Funding Option To Pursue For The Adopted Valley Regional Transit Regional Operations And Capital Improvement Plan. (NM) Mayor introduces the issue. Bastian moves to approve Resolution 06-34: By The City Of Eagle To Accept The Recommendation Of The Coalition For Regional Public Transportation For Local Option Sales Tax As The Funding Option To Pursue For The Adopted Valley Regional Transit Regional Operations And Capital Improvement Plan. Seconded by Bandy. Discussion. TWO AYES: ONE NAY: MOTION CARRIES................... 7. UNFINISHED BUSINESS: A. RZ-ll-06 & PP/FP-02-06 - Rezone from A-R to R-E-DA & Pumpkin Patch Subdivision- Emmett Price and Sons: Emmett Price and Sons, represented by Robin Labrie with Studio L, is requesting a rezone from A-R (Agricultural-Residential) to R-E-DA (Residential-Estates with a development agreement) and combined preliminary plat/final plat approval for Pumpkin Patch Subdivision. The 4.94-acre, 2-10t subdivision is located at 2820 West Floating Feather Road approximately 1,200 feet east of Meridian Road on the north side of West Floating Feather Road. (WEV) Mayor introduces the issue. Zoning Administrator Vaughan: This item was continued from the July 25, 2006 Council meeting with the request that Council Member Nordstrom meet with the Sewer District to see if sewer can be provided to the site. There has been correspondence added to your packet, discussion on the correspondence. Both MWH and the Sewer District have recommended approval of the application with septic systems. I believe the sewer was the primary concern at your last meeting. Guerber moves to approve RZ-ll-06 & PP/FP-02-06 - Rezone from A-R to R-E-DA & Pumpkin Patch Subdivision with the provision that had been set down by P&Z and the other normal procedures and requirements that the City has for subdivisions. Seconded by Bandy. Discussion. Guerber moves to add to add a sewer stub when the service becomes available. Second concurs. TWO AYES: ONE NAY: MOTION CARRIES............... 8. FINAL PLATS: None 9. PUBLIC HEARINGS: A. A-5-06/RZ-5-06 & PP-06-05 - Annexation & Rezone from RUT to R-2-DA and Preliminarv Plat for Park Lane Estates - Chad Moffat: Chad Moffat, represented by Eric Cronin, P. E. with The Land Group, Inc., is requesting approval of an annexation and rezone from RUT (Rural Urban Transitional) to R-2-DA (Residential two units per acre maximum with a development agreement) and preliminary plat approval for Park Lane Estates. The 5.14-acre, 12-lot subdivision (7-residential, 5-common), is located on the west side of North Park Lane approximately 2,000-feet north of West Floating Feather Road at 1835 North Park Lane. (WEV) This item was continuedfrom the July 18, 2006 meeting. Mayor introduces the issue. Page 4 K\COUNClL\J..HNUTES\Temporary Minutes Work Area\C(-08-08-06min.doc Zoning Administrator Vaughan: Displays overheads and provides Council an overview of the application. This item was continued from your July 18, 2006 meeting. Your primary concerns were the open space configuration and the cul-de-sac. Discussion on the open space and the cul- de-sac. Discussion on a hard surface pathway over the Chevron Pipeline. Mayor swears in Eric Cronin. Eric Cronin, The Land Group, displays overheads and provides Council an overview of the project. Mayor opens the Public Hearing Mayor closes the Public Hearing Bastian moves to approve A-5-06/RZ-5-06 & PP-06-05 - Annexation & Rezone from RUT to R-2-DA and Preliminary Plat for Park Lane Estates with the following changes in the Development Agreement: Strike 2.6 and include as written a new 2.7 and a new Site Specific Condition: That the Applicant work with the Chevron Pipe Company to provide protection for the pipeline with a letter to the City outlining that agreement with indemnification to the City. Seconded by Guerber. ALL AYES: MOTION CARRIES........... ... B. A-07-06/RZ-07-06 & PP-07-06 - Annexation and Rezone from RR to R-2-DA and Preliminarv Plat for Cabra Creek Subdivision - Donald & Tricia Flvnn: Donald and Tricia Flynn, represented by Shawn Nickel with SLN Planning, Inc., is requesting approval of an annexation and a rezone from RR (Rural Residential-Ada County designation) to R-2-DA (Residential-two units per acre maximum with a development agreement) and preliminary plat approval for Cabra Creek Subdivision, a 26-lot (23-buildable, 3-common) residential subdivision. The 13.63-acre site is located on the west side of North Linder Road approximately 1,500-feet north of West State Street at 767 North Linder Road. (WEV) This item was continuedfrom the July 25, 2006 meeting. Mayor introduces the issue. Mayor swears in Shawn Nickel. Shawn Nickel, SLN Planning, representing the applicant, displays overheads and provides the Council an overview of the project. General discussion. Zoning Administrator Vaughan: Displays overheads. Both Planning and Zoning and staff did recommend denial of the street issues. Further discussion has been held with ACHD. The applicant needs time to work with the neighbor to the South. Discussion on the streets. General discussion. Mayor opens the Public Hearing Shawn Nickel, we are proposing detached sidewalks. Discussion on the neighbor's driveway. ACHD has stated that there will be no other accesses on Linder Road. General discussion. Mayor closes the Public Hearing General Council discussion. Bastian moves to approve A-07-06/RZ-07-06 & PP-07-06 - Annexation and Rezone from RR to R-2-DA and Preliminary Plat for Cabra Creek Subdivision with the Site Specific and Standard Conditions of Approval with the addition ofa Site Specific Condition #2.7. The applicant shall provide a surety for the landscape entrance at Linder Road. Seconded by Bandy. Discussion. ALL AYES: MOTION CARRIES................... Page 5 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC ~08-08-06min.doc C. CU-3-06 - Conditional Use for a Heil!ht Exception - St. Luke's Rel!ional Medical Center: St. Luke's Regional Medical Center, represented by ZGA Architects/The Land Group, Inc., is requesting conditional use permit approval for a building height exception of 46-feet for a medical facility. The 14.49-acre site is located at the southwest corner of State Highway 44 and Horseshoe Bend Road at 3 101 E. State Street. Mayor introduces the issue. Mayor swears in Matt Bell. Matt Bell, representing St. Lukes, we are excited to be in your community. St. Lukes' feels that we have loyal patients in the area and that is why we have selected this site. I want to thank your staff for their help in design this plan. We also want to thank the neighbors next to this site. Discussion on EMS services. We have been responsive to the neighbors concerns. Discussion on the site selection and the services that will be provided. Greg Ostrow, Facilities Architect for St. Lukes, Displays overheads and provides the Council an overview of the project. Summarizes the letter the City received August 7, 2006. Discussion on the collector road and cross access. General discussion. Zoning Administrator Vaughan: Discussion on the collector roadway. Discussion on the height exception issue. Mayor Opens the Public Hearing Mayor swears in Teri Bath. Teri Bath, 1729 Whilby Lane, I think St. Lukes has done an outstanding job communicating with us as homeowners. This is a really nice building. As the Homeowner's Association we have two things. Discussion on the collector road. Discussion on the ambulance bay. Mayor swears in Troy Haggen. Troy Haggen, representing Ada County Paramedics, we have been in partnership with St. Lukes over the years. This is an ideal site for an ambulance station. This would be a response station that would house no more than 3 people. It is quite a way from Glenwood and this would be much closer and response to the Eagle area would be faster. We currently house an ambulance from noon to midnight at the Eagle Fire Department No. I. General discussion. We would probably not turn our sirens on until we accessed the highway. We do not usually turn our sirens on when we leave the station. We only transport patients to urgent care centers and this would not be an urgent care center. General discussion. Mayor swears in Dwight Bowker. Dwight Bowker, 1597 S. Whilby Lane, I have some concerns about the project. The architecture is really fine. Discussion on the collector road. Discussion on the height variance. When we look at the height situation it does block the view of the mountains but I feel that the architecture is pleasing and if St. Lukes would work with us on some issue I have not problem with the height. I do some concerns about stationing an ambulance at this location. The reason for the ambulance to be located here is that there would be no cost. General discussion Mayor swears in Bob Ward. Bob Ward, 3007 E. Lakeland Lane, I am very concerned about the ambulance bay. I do think that this is profit issue being a free facility for the ambulance. I'm concerned about the future if they expand the hospital. Discussion on decreasing the property values by about 20%. It seems to me that we adequate ambulance services at the present time. General discussion. Page 6 K.\COUNCIL\M[NUTES\Temporary ~finutes Work Area\CT-08-08-06mindoc Matt Bell, we currently do not have plans to put an ambulance in the facility. Our position is and always will be that this is the City of Eagle's facility and if it makes sense to put ambulance in then we will if the City does not want an ambulance then we won't. This is not in the application and it will not be part of the facility until the City asks us to put this in. This is an allowed use. Discussion on the roof design. Discussion on the height exception. General discussion. We would not have any deliveries in the night. We would be all right with hour restrictions on deliveries. Mayor swears in Jeff Johnson. Jeff Johnson, electrical engineer for the project. We have met with neighbors to evaluate sound and our office has been to the site at different times of the day to evaluate sound. Discussion on sound. Discussion on the lighting. Mayor swears in Tom South. Tom South, South Landscape Architecture, discusses the landscaping and some of the problems associated with landscaping the site. Mayor Closes the Public Hearing General Council discussion. Bastian moves to approve CU-3-06 - Conditional Use for a Height Exception - St. Luke's Regional Medical Center and on Page 7 strike Site Specific Condition #5. Seconded by Guerber. ALL A YES: MOTION CARRIES................... 5D. DR-55-06 - Medical Facilitv for St. Luke's Rel!ional Medical Center (Phase n - St. Luke's Rel!ional Medical Center Bastian moves DR-55-06 - Medical Facility for St. Luke's Regional Medical Center (Phase I) - St. Luke's Regional Medical Center. Site Specific Condition #12 to read: "Provide a revised landscape plan showing: strike "cross and add easement after access". Site Specific Condition #13 provide an access agreement or equivalent instrument between the site and the property located adjacent to the West property line to be reviewed and approved by the City Attorney. The agreement shall be recorded and add a Site Specific Condition #20 that would read "Eagle City Council recommends a right-in, right-out, left-in access to the site at the site's westerly driveway on State Highway 44". Site Specific Condition#21 the Eagle City Council recommends that there be no east/west collector road on this site. Seconded by Bandy. ALL AYES: MOTION CARRIES.................. Mayor calls a recess at 10: 15 p.m. Mayor reconvenes at 10:25 p.m. D. A-9-05/RZ-13-05 /PPUD-5-05 - Lel!acv Planned Unit Development - Sil!nature Sports Development. LLC: Signature Sports Development, LLC, is requesting annexation of +/-96- acres, a rezone of 623.9-acres from A (Agricultural) and RR (Rural Residential-Ada County Designation) to R-2-DA-P (Residential two units per acre maximum with a development agreement - PUD), and conditional use, planned unit development preliminary development plan approvals for the Legacy Planned Community. The entire development consists of 623.9-acres (I ,359-residientiallots with 5-acres of commercial and 131.02 -acres academy/open space area). (NBS) Public hearing testimony will be limited to the Development Agreement. Mayor introduces the issue. Page 7 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-08-08-06min,doc City Attorney Buxton: with regard to the Development Agreement with Legacy there has been sufficient changes to bring this back to a Public Hearing. Discussion on the changes. Mayor swears in Dave Kogga. Dave Kogga, The Land Group, representing the applicant, discussion on the Landscape Design Guidelines. General discussion. Scott Adcock, discusses the landscape design and the intent. The golf holes are not designed by The Land Group they are designed by the Jack Nicklaus design group. General discussion. Mayor Opens the Public Hearing General discussion on having metal roofs on the buildings. Todd Santiago, displays their advertising campaign and discusses their commitment to this project. We have been spending a lot of time with our advertising campaign. We have been approached by the Wall Street Journal and other outlets that want to a story on this concept. Discusses the amenities of the academies. Mayor Closes the Public Hearing General Council discussion. Dave Kogga, discusses the four things to reconsider. General discussion. Bastian moves to approve A-9-05/RZ-13-05 /PPUD-5-05 - Legacy Planned Unit Development - Signature Sports Development, LLC with the following modifications: 1. We have a variety of class one and two trees clustered along the golfside of the main entry road and that we have 3" caliper trees 3. That we have a 10' meandering sidewalk; 4. 10" planter strip on the non-golf side separating the sidewalk from the curb and all site specific conditions, standard conditions of approval. Seconded by Guerber. Discussion. Bastian amends the motion to add: That sets back from the sidewalk specific in the townhouse area be no less than 8' from the property line or back of the sidewalk to the foundation of the sidewalk". Second concurs. ALL AYES: MOTION CARRIES....................... 5G. DR-65-06 - Entrv Feature and Monument Sil!n for the Sports Academv Facilitv within Lel!acv PUD - Todd Santial!o: Guerber moves to approve DR-65-06 - Entry Feature and Monument Sign for the Sports Academy Facility within Legacy PUD. Seconded by Bandy. ALL AYES: MOTION C~ES............. E. RZ-08-05 MOD - Modification to the Development Al!reement associated with the Rezone from RUT to PS-DA - Eal!le Sewer District: The Eagle Sewer District, represented by Lynn Moser, is requesting a modification to the development agreement associated with the rezone from RUT (Rural Urban Transition) to PS-DA Public/Semipublic. The modification is a request for a one year extension of time for the completion of a portion of the required landscaping as noted in condition 2.7. The 53.2-acre site is located on the south side of the State Highway 44 approximately 200 feet west of Ballantyne Road at 1993 West State Street. (WEV) This item will be continued to the August 22, 2006 meeting. F. CU-04-05 MOD - Conditional Use Permit Modification - Eal!:le Sewer District: The Eagle Sewer District, represented by Lynn Moser, is requesting a modification to the conditional use permit previously approved for a wastewater treatment facility for the 53.2-acre site located Page g K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-08-08.06min.doc on the south side of the State Highway 44 approximately 200 feet west of Ballantyne Road at 1993 West State Street. (WEV) This item will be continued to the August 22,2006 meeting. G. PPUD-OI-06/CU-02-06/PP-08-06 - Eudora Estates (a.k.a. Alderwood No.2) Planned Unit Development - RTB Investments. LLC: RTB Investments, LLC, represented by Wendy Kirkpatrick with Landmark Engineering and Planning, is requesting conditional use, preliminary development plan and preliminary plat approvals for Eudora Estates (a.k.a. Alderwood No.2) Planned Unit Development, a 21-lot (l6-buildable, 5-common) residential planned unit development. The 4.7-acre site is located approximately 430-feet west of South Grandean Way at 947 West State Street. (WEV) This item will be continued to the August 22, 2006 meeting. H. A-IO-06/RZ-12-06/CU-04-06/PPUD-02-06/PP-12-06 - Eal!lefield Estates II Planned Unit Development - Eal!lefield. LLC.: Eaglefield, LLC, represented by Clint Boyle, AICP with Landmark Engineering and Planning, Inc., is requesting an annexation and rezone from RR (Residential Rural-Ada County designation) to R-4-DA-P (Residential up to four units per acre with a development agreement and PUD), and MU-DA-P (Mixed Use with a Development Agreement and PUD), conditional use, preliminary development plan and preliminary plat approvals for Eaglefield Estates II Subdivision planned unit development. The 11.5-acre, 34-lot (19-single family, 5-four-plex, and 10-common) residential subdivision is located on the west side of North Linder Road approximately 400-feet north of State Highway 44 at 341 and 499 North Linder Road. (WEV) This item will be continued to the August 22, 2006 meeting. Mayor introduces the issue. Guerber moves to continue Items #9E, F, G, and H to the August 22, 2006 City Council meeting. Seconded by Bastian. ALL AYES: MOTION CARRIES...................... 10. NEW BUSINESS: A. Ordinance No. 547 (Eal!le Sewer District): An Ordinance annexing certain real property situated in the unincorporated area of Ada County, Idaho, and contiguous to the corporate limits of the City of Eagle, to the City of Eagle, Idaho; establishing the zoning classification of said real property described herein; amending the zoning map ofthe City of Eagle to reflect said changes; directing that copies of this Ordinance be filed as provided by law; and providing an effective date. (WEV) Mayor introduces the issue. Bandy moves. pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with, and that Ordinance #547 be considered after being read once by title only. Bandy reads Ordinance #547 by title only. Seconded by Guerber. ALL AYE: MOTION CARRIES................. Bandy moves that Ordinance #547 be adopted. Seconded by Guerber. Bastian: AYE; Guerber: AYE; Bandy: AYE: ALL AYE: MOTION CARRIES......... B. Ordinance No. 548 ( Park Place): An Ordinance Annexing Certain Real Property Situated In The Unincorporated Area Of Ada County, Idaho, And Contiguous To The Corporate Limits Of The City Of Eagle, To The City Of Eagle, Idaho; Establishing The Zoning Classification Of Said Real Property Described Herein; Amending The Zoning Map Of The City Of Eagle To Reflect Said Changes; Directing That Copies Of This Ordinance Be Filed As Provided By Law: And Providing An Effective Date. (WEV) Mayor introduces the issue. Page 9 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-08-08-06mindoc Guerber moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with, and that Ordinance # 548 be considered after being read once by title only. Guerber reads Ordinance # 548 by title only. Seconded by Bastian. ALL AYE: MOTION CARRIES.............. ... Guerber moves that Ordinance # 548 be adopted. Seconded by Bandy. Bastian: AYE; Guerber: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES.................. C. Memorandum ofUnderstandinl! Treasure Vallev Clean Cities Coalition: The purpose of this Memorandum of Understanding is to set forth the agreements, respective responsibilities, and procedures necessary to carry out the objectives of the DOE Clean Cities program which accelerates the introduction and expands the use of alternative fuels and alternative fuel vehicles. (SJB) Mayor introduces the issue. Guerber moves to become a sustaining member in the amount of $500.00 Seconded by Bastian. Bastian: AYE; Guerber: AYE; Bandy: AYE: ALL AYES: MOTION CARRIlCS.................. SA. Claims Al!ainst the City Bastian moves to approve the Claims Against the City. Seconded by Bandy. Bastian: AYE; Guerber: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES.................. D. Brookwood Well City Attorney Buxton: Vern Brewer, Holladay Engineering: Bastian moves to accept the estimate of costs and authorize the Mayor and Holladay lCngineering sign the document before us. Seconded by Bandy. Bastian: AYE; Guerber: AYE; Bandy: AYlC: ALL AYES: MOTION CARRIES.................. E. RFO for Foothills Mappinl!. Mayor: The City did an RFQ for Foothills Mapping and we received three responses which were reviewed and scored. The Staff recommendation is the selection of Visual Genesis. Guerber so moved. Seconded by Bastian. Bastian: AYE; Guerber: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES.................. F. Conflict ofInterest Waiver: Bastian moves to accept the August 8, 2006 Acknowledgement, Consent and Waiver of Conflict of Interest and authorize the Mayor to sign. Seconded by Guerber. Bastian: AYE; Guerber: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES.................. General discussion. 12. EXECUTIVE SESSION: A. Pendinl! and Threatened Litil!ation: l.c. 967-2345(t) Mayor introduces the issue. Bastian moves to go into lCxecutive Session for the discussion of Pending and Threatened Litigation: I.C. ~67-2345(f) and Acquisition of Private Property. Seconded by Bandy. Page 10 K \CQUNClL\MINL:TES\Temporary I\Iinutes Work Area\C( -08-08-06mindoc Bastian: AYE; Guerber: AYE: Bandy: AYE: ALL AYES: MOTION CARRIES................. ... Council goes into Executive Session at 12:05 a.m. Council discusses pending and threatened litigation and acquisition of private property. Council leaves Executive Session at 12:28 a.m. II. REPORTS: Discussion on the Ada County Foothill Plans meeting. Discussion on the City's Foothill Plan meetings. 1. Mayor and Council's Report: Mayor: Reports on the proposed expansion of The Landing. Discussion on when Mike Hormaechea is going to start drilling the Brookwood Well. Discussion on the surety on Arbor Ridge and the improvements that need to be completed. 2. City Engineer Report: No Report 3. City Clerk/Treasurer Report: No Report 4. Zoning Administrator's Report: No Report 5. City Attorney Report: No Report 13. ADJOURNMENT: Guerber moves to adjourn. Seconded by Bandy. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 12:36 a.m. Respectfully submitted: ~ {~. - k bo~/1l~ '-"" SHARON K. BERGMANN CITY CLERK/TREASURER Page II K\CQUNCIL\IvIINUTES\Temporary Minutes Work Area\C(, -08-08-06min.doc INTER OFFICE City of Eagle Zoning Administration q & To: Planning and Zoning Commission From: Michael Williams, CCD, Planner II Subject: PPUD-01-06/CU-02-06/PP-08-06 Eudora Estates (a.k.a. Alderwood No. 2 Subdivision) Date: August 4, 2006 Attachment(s): N/A Copy To: Landmark Engineering and Planning, Inc. Attn: Wendy Kirkpatrick, 104 9th Avenue South, Suite C, nampa, Idaho 83651 The above mentioned item is being continued to the August 22, 2006, City Council Meeting. Page 1 of 1 K:1Planning Dept\Eagle Applications\SUBS120061Alderwood No. 2 me3.doc INTER OFFICE City of Eagle Zoning Administration To: From: Subject: Date: Attachment(s): Copy To: Mayor Merrill and City Council Members [Members Bill Verschuren, Planner II �V RZ-08-05 MOD & CU -04-05 MOD — Landscaping extension of time — Eagle Sewer District, represented by Lynn Moser August 4, 2006 N/A Eagle Sewer District, Attn: Lynn Moser, 44 N. Palmetto Avenue, Eagle, Idaho 83616 The above mentioned item is being continued to the August 22, 2006, City Council meeting. Page 1 of 1 K:1Planning Dcpt\Eagle Applications\RZ&A120051A-05-05 & RZ-08-05 MOD me2.doc Page 1 of 1 oc --e?--k-off Tracy Osborn From: Theresa Verschuren Sent: Monday, August 07, 2006 9:10 AM To: Nancy Merrill; Stan Bastian; Steve Guerber; Scott Nordstrom; Phil Bandy Cc: Sharon Bergmann; Tracy Osborn; Sheri Horton; Bill Vaughan; sjb@msbtlaw.com Subject: FW: CABRA CREEK COMMENTS - ITEM ON AUG. 8TH COUNCIL AGENDA From: Holland Houfburg [mailto:happythree@msn.com] Sent: Friday, August 04, 2006 10:00 PM To: Theresa Verschuren Subject: CABRA CREEK COMMENTS - ITEM ON AUG. 8TH COUNCIL AGENDA Dear Council Members, I believe that Don Flynn from Cabra Creek is going to come before you on August 8th. I am unable to attend the 8th Council meeting so I wanted to make sure that you received my side of the story in case he claims he has made a good faith effort to gain easement to develop the full entrance to his subdivision. He met with me briefly and rather suddenly on the 1st of August to show me an entrance plan. This is the only meeting we have ever had regarding the entrance. The plan he showed me was terrible and not at all what I have in mind and he admitted he didn't like it either. I told Don that I would be willing to work with him regarding an entrance but I am certainly not ready to make a commitment to allow him an easement on my property to finish the entrance until I know we are both in agreement. Attached the letter I sent to him for you to read. Thank you for your time. Respectfully, Holland Houfburg 685 North Linder Road Eagle, ID 83616 8/7/2006 Don Flynn 6640 N. Double Eagle Lane Meridian, ID 83642 August 4, 2006 Don, I am confused about what meetings you are referring to since the only actual meeting that we have had regarding the entrance was a ten minute meeting on the first of August where you showed me a plan that I thought was very poor and you agreed. I am also a little surprised that you didn't mention to me during the meeting on the first that you wanted me to commit to an agreement at the Eagle City Council meeting on the Stn Unfortunately I cannot make a commitment to the Eagle City Council until I receive completed entrance plans in detail. This entrance plan would also have to legally bind you, or whomever develops the property in the event that you decide not to move forward on your own, to follow the agreed upon plan. I am certainly willing to work together with you on this project but as I have stated before, I am not willing to rush the process simply to expedite another development. I believe that the community as well as you would be better served by the entrance being completed all at once but it affects my future interests and I'm not willing to speed through the process or make a commitment lightly. I am also a little concerned when you state that we are on the same page as to what we both would like to see when you presented a plan to me that clearly missed everything I would like to see in an entrance and a development. Nine trees and a few shrubs surrounding a sign isn't much more than a cookie cutter statement and not what I had in mind for an entrance to my property. I agree that a full entrance is beneficial to everyone and I believe the development's partial entrance as designed is a bad idea on many levels, safety being only one. I still believe that ACHD made a poor decision to allow the partial entrance in its present design and location above my objections because they bound me financial to completing the entrance if I ever divide my property regardless of how if works with my property or the design. I was never given adequate time to have a site plan prepared to see if the entrance in its present location is an efficient use of my property. With adequate time we may have found that moving the entrance more into the middle of our properties may have worked better for both of us but conceptual and financial agreements would have to be made prior to a commitment and ACHD wasn't willing to grant additional time but rather surrender to the first come first serve rule. Now that ACHD decision has already been made, I'm certainly not willing to make a long term binding commitment on intent alone. I can at least have some control over my portion of the entrance if we can't come to a mutual agreement but one ten minute meeting isn't going to accomplish that task. As you are aware, I plan to live many more years on this property so I take granting an easement very seriously and plan to move forward cautiously. You also know that I am in no hurry to develop my property and have no solid plans to do so. Your commitment to me regarding a well designed subdivision entrance is appreciated yet falls short of a guaranteed assurance. In order to receive a commitment from me I would need to sign off on entrance plans that would fit with the future plans that we have for our property and the plans would have to bind whomever legally to follow the plan. If you can accomplish that by the 8`h, I would certainly consider the offer. I have no problem working with you to co- design the entrance but until the plan is complete all we have are good intentions and it wouldn't be prudent for me to make a financial commitment on good intentions. I you would have made the true intent of your meeting with me known, we may have been able to discuss possible options at the time but since your letter has caught me a little off guard I will have to decline the offer due to lack of time. If you need me to meet with you or the landscape architect, please don't hesitate to call. Respectfully, Holland "Holly" Houfburg AUG. 7. 2006 12:09PM 190 East Bannock Street Boise, Idaho 83712 (208) 381-2222 www.stlukesonline.org Edwin E. Dahlberg Presldont and CEO 7 August 2006 Mayor Nancy Merrill City Council City of Eagle 660 East Civic Lane Eagle, Idaho 83616 SLMMC ADMIN Re: St. Luke's Eagle Medical Center SLRMC Project No. 24-837 ZGA Job No. 0557.00 Subject: Conditions of Approval Dear Mayor Merrill and Council Members: NO. 811 P. 2 JLcc P.e�G lii= , St Lukes io Medical Center RECEIVED & FILED CITY OF EAGLE AUG 0 7 2006 File: Route to: We wish to take this opportunity to thank the City of Eagle for your ongoing collaborative spirit and assistance to define the Eagle community's needs and desires for your new St. Luke's Eagle Medical Center_ The City staff and neighbors have been very helpful in identifying, and St. Luke's has spent Considerable time and effort to address the various planning/zoning, community, and aesthetic concerns which are obviously critical for a project of this magnitude, complexity and importance to the City. During our previous meetings and public hearings, four site specific issues have come to the forefront that are of concern: 1. Suggested collector road across the property; 2. Suggested cross access agreement with undeveloped property to the west; 3. Suggestion to deny the existing left -in near the west end of the site; and 4. The building height. We request that Council specifically address these concerns so that both St. Luke's and other reviewing agencies can understand the City's direction for the project. Please note the following regarding these four areas of concern. Collector Road: Ada County Highway District (ACRD), in their letter dated July 7, 2006, included a site specific condition of approval that a collector road be constructed across the site, the rationale being that this road might be of some benefit to the property to the west as well as the Three Cities River Crossing. Neither ACI -ID nor lTD have provided a traffic study or any other documentation to substantiate any potential benefit to such a collector road. On the other hand, our traffic study indicates that there is no need for such a collector as a result of traffic generated on or off site. This collector road would be a taking of property from St. Luke's that would decrease the amount of site available for AUG. 7. 2006 12:09PM SLMMC ADMIN NO. 811 P. 3 parking and internal circulation, thereby reducing the maximum building area that can be constructed, essentially making the site unusable to St. Luke's with respect to providing the full range of health care services needed by Eagle's residents in the future. The Design Review Board recognized the faulty planning in this suggestion and unanimously and emphatically recommended that this collector road not be constructed. We ask that the Eagle City Council be equally emphatic and specifically mandate that the collector road not be imposed. Cross Access Agreement: It has been suggested that St. Luke's be required to provide a "cross access agreement" between the St. Luke's site and the adjoining undeveloped site to the west. This has been incorporated into Design. Review site specific conditions of approval #12 and #13. A more accurate description of the suggested access to the adjoining property might simply be an "access easement" as opposed to a "cross access agreement". Cross access implies that there would be a benefit to all of the property owners who would be party to the agreement; however, this access would not benefit St. Luke's and would only benefit the adjacent property owner. In. fact, a cross access agreement would be detrimental to St. Luke's since it would mix non -St. Luke's traffic with the special -needs population St. Luke's serves. We are concerned that, by agreeing to grant a specific type and/or location of access without knowing what the nature of any future development will be on the adjacent property, the carefully designed internal circulation of patients and staff at the St. Luke's facility will be negatively affected in the future. There is no way of blowing, at this time, the use of the adjacent site or the required capacity and configuration of circulation resulting from it. As our traffic study indicates, ITD has never refused access to a site from roadways under their jurisdiction. We believe it is reasonable to assume that access from State Street to the adjoining parcel to the west would be granted by ITD and therefore would eliminate the perceived need for any access from the St. Luke's site. We understand that the parcel to the west may have some challenges related to site access and that some type of future access from the St. Luke's site onto that parcel may be desired. St. Luke's purchased its site after extensive and careful due diligence and with full knowledge of the various restrictions. One would assume that the adjoining private property owner has done the same. In other words, any access challenges that the property to the west has are assumed to be fully known to the owners. If they desire assistance from St. Luke's, this issue is better resolved between the two property owners without intervention from the City and ITD. Assuming ITD or Eagle City could justify denying the adjacent property access from State Street, then St. Luke's agrees in principle with the concept of some type of site access to the adjoining parcel, and would agree to negotiate an access easement agreement directly with the adjacent property owner under the following conditions- AUG. 7. 2006 12:09PM SLMMC ADMIN NO. 811 P. 4 1. The nature of the development for the adjoining parcel has been determined and that development does not conflict or compete with the services and functions of St. Luke's Eagle Medical Center. 1 The design of the adjoining development has been determined, the access point to the St. Luke's site has been identified, and the location of that access is agreeable to both property owners. 3. The site access needs of the adjoining site would not require any change in the configuration of the St. Luke's entry/exit circulation off State Street. 4. When the adjacent property has access to Three City's River Crossing, or has the opportunity to enter into a cross access agreement with the property to their west, then the access easement across St. Luke's property will be terminated. We ask that Eagle City Council delete site specific conditions of approval #12 and #13, and specifically not require a cross -access agreement between the property owners. This will allow the two property owner to work together in the future if necessary, at a more appropriate time when development on the adjacent property can be properly understood. If Council determines that this issue must be addressed at this time, we hope that any requirements placed on this project will be respectful of the conditions listed above. Existing Left -In. Site Access: Idaho Transportation Department (ITD), in their letter to Eagle City dated May 16, 2006, stated that they do not support the existing lent -in at the signal near the west end of the site. This signalized access has been planmed for and is a pre-existing condition. Vehicular access is one of the criteria St. Luke's used when evaluating this site prior to purchase. This left -turn signal provides safe access onto the site for west -bound patrons. Many people coming to St. Luke's Eagle Medical Center will be first-time visitors who may be under distress, so it is not unreasonable to expect that a west -bound patron would not know to turn on Old Horseshoe Bend Road prior to reaching the site. Denying the western left -turn access would force these people to turn around somewhere along State Street and return to the site from the west. This is impractical, unsafe, time consuming in an emergency situation, and less desirable from a traffic circulation standpoint. It is our understanding that lTD wi11 not issue approval of site access points until Eagle City provides direction as to whether or not the left -in should be retained. We ask that Eagle City Council specifically recommend to YTD that the existing left -in signalized intersection be used as it was planned for to serve this site and that an access permit for this approach be granted. Building Height: The Planning and Zoning Commission recommended site specific condition of approval that "the height of the entrance [be] reduced from forty-six feet (46') to be closer to the forty-two feet (42') height of the remainder of the building." We were in attendance at the Planning and Zoning Commission meeting and noticed that the motion was put forth rather reluctantly and appeared to be based on a desire to compromise somewhere between two numbers, 35 and 46. Your Design Review Board disagreed and recommended unanimously that the site specific condition of approval be restated such that "the elevation ... which shows the overall height of the building to be forty six feet (46') is approved." 1 AUG. 7. 2006 12:10PM SLMMC ADMIN NO.811 P. 5 Obviously, we believe that the approach taken by the Design Review Board is appropriate, evaluates the project on its own merits and supports the distinguished character of the community that Eagle is striving to create. We ask that the Eagle City Council specifically approve the building height of forty-six feet (46') in order to maintain the overall architectural strength of the design. We thank you for the opportunity to express our concerns on these issues and will be prepared to talk in more detail as required at the public hearing. Your time and consideration of St. Luke's Eagle Medical Center is appreciated. Very truly yours, St. Luke's Regional Medical Center szti/141(3(4--- att Bell Director, Support Services cc: Mr. Jeff Hull; SLRMC Mr. Gregg Ostrow; SLRMC Mx. Thomas Zabala; ZGA e--,e--c9 gt AdaGovotyParamedios yip NeIghbors Total employees 112 Administrative 20 17.9% Field 92 82.1% Reserve (volunteer) .... 9 Administrative employees (20) Female 11 55.0% Male 9 45.0% Quick Facts As of July 1, 2006 Field employees (92) Supervisory 12 13.0% Non -supervisory 80 87.0% Female 25 27.2% Male 67 72.8% Paramedic 71 77.2% EMT 21 22.8% Employment Facts Field crewmembers work 48 hours per week. Many crewmembers prefer the 24-0-24 shifts (24 hours on, 24 hours off, 24 hours on), with the balance working 24-12-12 and 12-12-24 shifts. Currently, eight employed EMTs and one volunteer Reserve are attending paramedic schools. Field employees are hourly, non-exempt, according to state and federal labor statutes. New Paramedics (EMT -Ps) earn a starting hourly rate of $12.82 plus 2% per year of experience after successful completion of a six-month probationary period to a maximum of ten years experience. Advanced EMTs earn $9.40 per hour to start, and the Basic EMTs earn $7.83 per hour to start. Our Paramedics and EMTs respond to 9-1-1 emergency medical calls in a 1,055 -square -mile area, using 11 mobile intensive care units (MICUs) and 3 sport utility vehicles (SUVs). Budaet Facts The Ada County Paramedics budget for FY2006 is $9,193,808. A property -based ambulance tax district generates approximately $2,925,725, or 32%, of the budget. Fees for service generate the balance of our revenue. The Ada County Ambulance District was formed on March 25, 1975, at a tax levy rate of 1.25980 mils (or .00012598 on every property value dollar after subtracting 75,000). This levy rate has remained at roughly this level since the ambulance district was formed. At that time, approximately 141,100 people lived in Ada County, according to the U.S. Census Bureau. What cost $1 in 1975 cost $3.62 in 2005. In 2005, approximately 361,484 people lived in Ada County according to COMPASS, which exceeds the U.S. Census Bureau's projected 2010 population of 325,150. According to an article in The Idaho Statesman on December 2, 2005, "the average sale price for a home in Ada County had climbed to $247,835 in October." A family living in this average home pays $21.73 per year for emergency medical services. Alternatively, a family living in a $150,000 home spends $9.45 per year for EMS—and has paid the same rate since 1975. Response Facts In FY2005, Ada County EMS responded to 18,016 calls and documented 18,670 patients. Approximately 62% of these patients were transported to local emergency rooms. AdaGountyParamedics 414. (tel e i g h b o r f o r I Eagle Fire District 8/1/2005 through 7/30/2006 Total Indicents 876 1 Hour 1# of Responses Time of Day 12:00 - 23:59 00:00 - 11:59 58.8% 41.2% 0 24 Uoue 3 Emergency Responses 1 21 Ada County Paramedics 2 20 1 Jurisdiction 1 ALS<6 1 3 18 Eagle district 258 4 14 39.9% 5 17 6 25 7 42 8 45 9 47 10 44 11 44 12 49 Emergency response time goals are BLS within 5 minutes and ALS within 9 minutes 13 45 90% of the time in urban areas. The Eagle District is a mix of urban, suburban, 14 37 and rural areas with 3 different response time expectations. The statistics above group all 15 46 emergency responses. ALS<7 1 ALS<8 1 ALS<9 1 ALS<10 1 ALS<11 1 Total 1 344 408 521 558 647 53.2% 63.1% 80.5% 86.2% 100.0% Eagle Fire Department 1 Jurisdiction 1 BLS<3 1 BLS<4 1 BLS<5 1 BLS<6 J BLS<7 1 BLS<8 1 Total Eagle district 137 290' 447 499 558 590 647 21.2% 44.8%1 629%' 77.1% 86.2% 91.2% 100.0% 16 47 17 64 18 43 19 38 20 49 21 44 22 32 23 21 Total 876 EagleResponses2004 '4n4. SIyI DrA W Floating Father Rd F aIIey Ftint Dr Statiie 71114 A (...t. 2 ifs \I Ail'Arrialcl_fld, .. '65/ RdFliiil.,fiG' 1_ ‘.% A ,s, -A _5 qg • i-=- f. . • -s... .-- t'-,„'-'•( 0,&.'1 I 'i'll_ ,',1_-,4tv:i-) . ... 1 , pk ig. i•-•1 ,, - 111.17-71 I-, --I • . 1\....'::: cl-- - 1: __ \-- 44 L 6-1 ro0 0 te, Ct ---laPh -0 a• c o. • \ A A it A 4iiiichest tr --. '-' 20 hindert.L'alvd, Lzi...,L% Ve ) E- Ift% CN8 min Blvd • ! -----"-;'-'1 - 'Td , —7.-- rrTh TL -- I - - - -- Chin - . m Ic3 - ---1 ,r— . cfe„ .. . vvirig ,,...,_ x - - Boise - '-.--r-r- -1 l'., ! .1 ''I•-,=,--T-`.---'-:`,`..-•q_..iV ' '"c 1 1,17-4 • M56 0 rni 1 2 3 Copynght 0 1988-2003 Microsoft Corp. and/or as suppliers All nghts reserved http-!www microsoft com/mappoint it) Copynght 2002 by Geographic Data Technology, Inc All nghts reserved ii;1) 2002 Navigation Technologies All nghts reserved This data includes information taken with permission from Canadian authorities 0 1991-2002 Govemment of Canada (Statistics Canada and/or Geommics Canada), all nghts reserved Proposed 24 Hour Coverage from St Lukes Eagle iv E To z c E To Q. 9 min Moon Valke4 Kd W Slate Si m m W Beacon Light Rd CC c Rush Rd 0 ry 0. 0 z 4 IDrnz Hyde o � z Vc.6 o 4,03 �ye E Beacon Light Rd -r° z W Floating Feather Rd E Floating Feather Rd YFhnt Dr CO 0- 44 I� 0 U • C Ir g' a m y c - W Chinden Blvd Eagle W Slate St 4'/// frfr9 min -44 BYp Byp Sr 44 E HWY� Mace Rd QYp CC 173) ar W (12 55 341e W Brookside 4-1 'e " ek Rtl D a .0411 Q` cc Proposed M59 Station S 3069 E State St -5 Eagle, ID 83616 v =An ,id Rd - Hill jib. �ii1 PkWY E Chinden Blvd E Chinden Blvd ktptrtt ZZ Ra. Z „ z s , 'we . w Marigold 8t- < siva n In �a cc ° > ao ani Mote N cc d Ti 1' .§ 6 J c � k, r- ‘.5`, ate S/a/e S7 M56 58/0 Glenwood St war44 Garden City, ID 837 t4 -toe D. o ro 2 n n . BOTS@ ow? �rPw D� `� ar • McMillan Rd E McMillan. Rd J W McMillan RdF.Msk illan Rd 13 z- • z Z F.—mot S'r Alw0 S/ 0 mi 1 2 3 6bom St 0 0 0 Wylie Ln Copynght C 1988-2003 Microsoft Corp and/or its suppliers All nghts reserved http lAvww microsoftcom/mappoinl Copynght 2002 by Geographic Data Technology, Inc. All nghts reserved G 2002 Navigation Technologies. All nghts reserved TMs data incudes information taken with permission from Canadian authonties ® 1991-2002 Government o1 Canada (Statistics Canada and!or Geomatics Canada), all nghts reserved. Current Coverage 12:00 - 23:59 - _YI' HornetrA 16 a zW Floating Feather Rd N Linger Rd \ SLIIweIt W Beacon Light Rd cc Rush Rd m fl_ she o, v e may, E Beacc,rt Light Rd W Floating Feather Rd E Floating Feather Rd CC 0y 0.. 2 z W Chinden Blvd ce id U IS m W McMillan Rd z' 1' Ten Mile Rd P Linder Rd 14'9 mill Byp Mace Rd Eagle Byp 44 M59 934 E Iron Eagle Dr Eagle, ID 83616 E .s. 74. E� S� 044 Gyp 1'"Rd W Brookside 55 OtY Creek Fb WCjO°Se Q 0ek ° Proposed M59 Station c 3069 E State St Eagle, ID 83616 =An Ad Rd 'Sr1I R0'Ip f1'o.- Seel, k'h J 1'y c m y O r- 14, rn 14 55 c f (- M E (Minden Blvd E Chlnden Bllv Z Joplin cc 11111, n Ra co o aa rT m -0 o ch/'wen alvtlM Fa W Marigold St a23 �n� o - v %o Boisew Q o �c F-McMiJLLRx z W McMillan Rd McMillan Rd.-- - -yy��iiihi. ,? z Sydle Sy 111144 145 58 /Kers _ r Ga kre 0 mi 1 2 3 4 Copynght C 1988-2003 Microsoft Cap. and/or its suppliers. All nghts reserved http fIwww microsoft com/mappomt ® Copynght 2002 by Geographic Data Technology. Inc All nghts reserved e7 2002 Navigation Technologies All nghts reserved This data includes information taken with permission from Canadian authonhes C 1991-2002 Government of Canada (statistics Canada and/or Geomatics Canada). all nghts reserved. Current Coverage 00:00 - 11:59 --,_- '"--; ( . V, / .-- , \ • .N-% i------WMOONIT Tel :'..) c Stillwell Dr 1 / C/ . /-------- ' -1 \ --- _i - t •••-. — .1-- '. ' '0 Si 1__ _.,_. IfiBeacon_ te 1 - -1 7 i HI 41 z, !, R -11 _ _ __ W Floating Feather iId - . AIOE Floating Feather Rd L,,.. c • ( ),. -t— _1 E Beacon t-ight Rd 7 W Brookside 00'4' 46- 1E5 0 -0 ' z _ _ Moon Valley gd • • -1 W ChindertiNd Eagle -Fhot Dr -1-. 0 4,: W State St ' _ 'is State St min - -44 BY0 lal,, Mace Rd / > —I a 'o' • O re 0 • a gvv McMillan Rd z ct h-) 3 ?:? F ishgtOp E McMillan Rd_ z E Chinden Blvd . • McMillan Rd 'Ytaie 01 c c ?)11,, (36%-.... ciek 'Arnold Rd Hill it,. 'N. 4 Ave T.; M56 5870 Glenwood St •ifver 44. Garden City, ID 83714 siore W Mangold . S1 1° 6> z Joplin Chmcie 0 a 23 Boise McMillan Rd 410(1 0 6 Llek, D g 8. .92 (5 Alwo om 0 (I) 0 0 Wylie Ln 0 mi 1 2 3 4 Copynght 0 1988-2003 Microsoft Corp and/or 45 suppliers All nghts reserved http Ilwww microsoft comfmappoint C Copynght 2002 by Geographic Data Technology, Inc All nghts reserved e 2002 Navigation Technologies All nghts reserved This data includes information taken with permission from Canadian authorities 0 1991-2002 Government of Canada (Stafstics Canada ancVor Geomatics Canada) all nghts reserved A FootW' W l‘ew Ho crz Proposed future Location for West Eagle / Star coverage yo c \ rli I flr • W Homer Rd –- 00 cr. tn rTi 0. ›. - -a D .1- a • co , W Beacon Light Rd w E Beacon_ Bght Rd 7147 W Floating Feather Rd, Eagle, L. a z . c 7147 W Floating Feather Rd -J"0 m Eagle, ID 83616 ec to I? c Rush Rd rT co co o_ c a c zW Floating Feather Rd co _i W Floating Feather Rd Z V) r cs la g, HWY-44 c zi co 0. 44. 0 8 min c ce Star .Bent' 13 CC • eii c cl) In 01 2 O CO Ln ,--• -•___,------, HVVY-20 W Chinden BI / , lo cc N Plummer Rd z 9 min mi W Slam9 n 4 Moon Valley ftd N Linder Rd tuck Alle 4:1 a- c cC. ---------.----71-- 0-, . .._.— pJ ue!sapy z W Floating Feather Rd 0 0. ;i E Floating Feather Rd Eagle M59 934 E Iron Eaglr Eagle, ID 83616 tiV 44 B 9 min' YP Byp Mace ee ID w V) cichester Dr 55 .. , In X f _Chinden__Blvd 110 _ if,E Chinden Blvd E Chinden Blvd — 20 —• --0,---,—;,,--.,.....,--;., li) -- M7 ' tivo-dilli YP Ave = c 41 0 mi 1 2 3 4 Copynght 1988-2003 Microsoft Corp and/or its suppliers. All nghts reserved http //vAvw.microsoft com/mappoint Copynght 2002 by Geographic Data Technology. Inc All nghts reserved 82002 Navigation Technologies All nghts reserved This data includes information taken with permission from Canadian authorities © 1991.2002 Govemment of Canada (Statistics Canada and/or Geornatics Canada). all nghts reserved EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Subject: CU -3-06 - Conditional Use for a Height Exception - St. Luke's Regional Medical Center: August 8, 2006 7:30 p.m. NAME 'G9/J Ar JJ eV A. INIkr f9r— rCX' CYS /), ,`q ,l/ Ar ADDRESS/ TELEPHONE TESTIFY YES/NO? PRO/CON d Z-�& Z 4s 70h - 5 2)4-f dry.? fLJ/ j 73e Ga �6 LtifiCtiemra Page 1 of 1 . I-1:\COUNCIUAG ENDA\CCS IGN U P. W PD EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Subject: A-5-06/RZ-5-06 & PP -06-05 - Annexation & Rezone from RUT to R -2 -DA and Preliminary Plat for Park Lane Estates — Chad Moffat: August 8, 2006 7:30 p.m. NAME ADDRESS/ TELEPHONE Page l of 1 . H:I000NCILIAGENDAICCSIGNUP. WPD TESTIFY YES/NO? PRO/CON EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Subject: A-07-06/RZ-07-06 & PP -07-06 - Annexation and Rezone from RR to R -2 -DA and Preliminary Plat for Cabra Creek Subdivision - Donald & Tricia Flynn: Auiust 8, 2006 7:30 p.m. NAME _c� � tz-/ , /c e ( ADDRESS/ TESTIFY TELEPHONE YES/NO? PRO/CON /`-/. z — S) Yes _ pio Page 1 of 1 . H.\COUNCIL\AGENDA\CCS IGNUP. WPD EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Subject: A-9-05/RZ-13-05 /PPUD-5-05 - Legacy Planned Unit Development - Signature Sports Development, LLC: August 8, 2006 7:30 p.m. **Note: Public testimony is limited to the Development Agreement NAME ADDRESS/ TELEPHONE Page 1 of . I-1 \COUNCIL\AGENDA\CCSIGNUP. WPD TESTIFY YES/NO? PRO/CON EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Subject: A-9-05/RZ-13-05 /PPUD-5-05 - Legacy Planned Unit Development - Signature Sports Development, LLC: August 8, 2006 7:30 p.m. **Note: Public testimony is limited to the Development Agreement NAME ADDRESS/ TELEPHONE Page q, of '� 11 \COUNCIL1AGENDA\CCSIGNUP WPD TESTIFY YES/NO? PRO/CON -616 APPLICANT'S PROPOSED DEVELOPMENT AGREEMENT Recording Requested By and When Recorded Return to: Planning & Zoning Administrator City of Eagle P.O..-_ Box 1520 Eagle, Idaho 83616 For Recording Purposes Do Not Write Above This Line DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is made and entered on the date indicated herein by and between the CITY OF EAGLE, a municipal corporation in the State of Idaho ("Eagle"), and EAGLE SPORT LEGENDS DEVELOPMENT, LLC, an Idaho limited liability company, EAGLE SPORT LEGENDS DEVELOPMENT #2, LLC, an Idaho limited liability company, and EAGLE CREEK PROPERTIES, LLC, an Idaho limited liability company -ECJI A UMITRD PAI-TNFRS14W, }-414+1 4-iiiiited panne -NI -4P (collectively, "Applicants"). WHEREAS, Applicants are the owners of record of certain real estate (the "Property") consisting of approximately 623.9.7o- acres generally located between Linder Road and State Highway 16 and between Beacon Light Road and State Highway 44, as shown on Exhibit A attached hereto and incorporated herein and described on Exhibit B attached hereto and incorporated herein, which Property is the subject of Eagle Rezone Application No. RZ-13-05; WHEREAS, the Property comprises an area currently designated as "Residential Two" on the Land Use Map of Eagle's Comprehensive Plan attached hereto and incorporated herein as Exhibit C; WHEREAS, the Property comprises an area currently zoned "Agricultural," "Rural Residential," and "Rural Urban Transition"; WHEREAS, Applicants and Eagle desire to ensure that the Property is developed for commercial, residential, and open space purposes as generally shown on Exhibit A; WHEREAS, the City Council of Eagle has determined that the scope of any commercial and residential project upon the Property should be limited to prevent undue damage to, and to otherwise be in harmony with, the existing community; EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT -1 062806 --1-1-00071706 1330 BOI_MT2 618972 6 WHEREAS, the intent of this Agreement is to protect Applicants' use and enjoyment of the Property while at the same time limiting any impact of the development upon neighboring properties and the existing community and ensuring that the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; WHEREAS, Applicants have agreed to the use restrictions and other limitations set forth in Eagle's "R -2 -DA -P" zoning designation for the Property, subject to the provisions and requirements set forth in this Agreement; and WHEREAS, Applicants have previously provided Eagle with affidavits agreeing to submit the Property to a development agreement pursuant to Eagle City Code Section 8-10-1(C)(1). NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, it is agreed as follows: ARTICLE I LEGAL AUTHORITY This Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Eagle City Code, Title 8, Chapter 10. ARTICLE II ZONING ORDINANCE AMENDMENT Eagle shall adopt an ordinance annexing the portion of the Property described in Exhibit D attached hereto and incorporated herein and rezoning the entire Property to R Residential District with a development agreement and planned unit development (R -2 -DA -P), subject to the provisions of this Agreement, with the ordinance becoming effective following its passage, approval, and publication. ARTICLE III CONDITIONS ON DEVELOPMENT 3.1 All development of the Property shall be consistent with the Landscape, Site Design, and Architectural Design Guidelines attached hereto and incorporated herein as Exhibit E and be generally consistent with the Concept Plan attached hereto as Exhibit A; provided, however, it is the intent of this Agreement to allow flexibility at the time a detailed plan and platting are submitted to the City so long as the general intent of the Concept Plan and the requirements set forth in this Agreement are met. 3.2 Applicants will develop the Property subject to the conditions and limitations set forth in this Agreement. Applicants will also submit such applications regarding design reviews, preliminary and final plat reviews, conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code as c= -u rent -1 -in effect at the time this _1ueemcnt is recorded. EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT - 2 062406-44007 I 706 I 30 BOI_MT2.618972 6 3.3 Except as otherwise provided in this Agreement or by applicable ordinances, development of the Property shall comply with Eagle's Comprehensive Plan and City Code as in effect at the time this Agreement is recorded. 3.4 Development of the Property shall comprise three primary elements: residential development, commercial/office development, and open space, as described below. 3.4.1 Residential Development 3.4.1.1 Up to 1, s X11. 7 = dwelling units may be developed on the Property. 3.4.1.2 Residential development on the Property shall not exceed a total of 437.:,-4W.; acres nor substantially exceed the acreages for the housing types set forth in the below table: Approx. Product Type Approx. Lot Size Acreage Townhouse 3,800-4,999 SF 3)-.714;.g Patio 5,000-7,999 SF 116155 .5.11 Custom 8,000-11,999 SF 4-54 6136 Estate 12,000+ SF 1-1.3.)+I 10,1 3.4.1.3 The total number of townhouses developed on the Property shall not substantially exceed 20% of the aggregate dwelling units allowed, with the mixture of residential uses generally conforming to the following categories: Product Type Approx. Lot Size % of Units Townhouse 3,800-4,999 SF 14-20% Patio 5,000-7,999 SF 32-40% Custom 8,000-11,999 SF 28-35% Estate 12,000+ SF 16-25% Approx. Number of Units .4-70-3-g843(2-5.49 H -5-1-4384-48Q 2-3--,;(42211-3.43 Not to exceed , I . 3.4.1.4 Minimum street frontages for lots and setback distances for residential units shall comply with the requirements set forth in the below table: EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT - 3 1 0( 4-100071706 1 I1 BOI_MT2:618972 6 Setbacks Product Type Approx. Lot Size Frontage' Front Rear Interior Street Side- Side 8 ft from Tow .house 3.800-4,999 SF 30 ft living space/ 10 ft 5 ft' 10 ft 20 ft from garage 15 ft from Patio 5,000-7,999 SF 30 ft living space/ 10 ft 5 ft 20 ft 20 ft from garage Custom 8,000-11,999 SF 30 ft 20 ft 25 ft 5 ft 20 ft 12,000-16,999 SF 30 ft 25 ft 25 ft 7.5 ft 20 ft Estate 17,000 SF + 35 ft 30 ft 30 ft lO ft 20 ft 1 The minimum street frontage for all flag lots is 20 feet. 2 Additional five feet per story setback for multi -story structures. 3 No setback applies to the interiors of connected dwelling units. 3.4.1.5 The second story of any dwelling unit on a lot of less than 8,000 square feet shall not exceed 65% of the main floor's square footage, inclusive of the garage area. 3.4.1.6 Patio homes located on corner lots (any street classification) are limited to a 25 foot maximum height. (Common area lots on corners do not extinguish this requirement for adjacent patio homes.) 3.4.1.7 Patio homes located on other than corner lots may be two stories, but shared driveways should be incorporated to provide a variety of appearance. 3.4.1.8 Townhouse groups are limited to five attached units. 3.4.1.9 At least 50% of all dwelling units, 65% of all townhouses, and 50% of all patio homes shall abut open space. 3.4.2 Expansion of Planned Unit Development 3.4.2.1 Recognizimti the uniqueness of each planned unit development, Eagle City Code. Title 8, Chapter 6 allows for the inclusion of adjacent property within such a development. thus providing. for its expansion in area. Subject to the requirements of this Section and applicable law, the planned unit development (the "PUD") for the Property may be expanded to include the "Expansion Parcels" depicted in Exhibit F attached hereto and incorporated herein, provided any -with any of the 1.373 dwelling, units not being developed on EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT - 4 1 0006--3 -1-00071706 1 33 0 BOL MT2:618972 6 the Prorerty hcinu. allocated and asci ncd for de\ cionmcnl on the 1xransion Parcel`. Any such application for expansion must be filed with Eagle within three years from the recording of this; \ eement.the first final plat For the Property. 3.4.2.2 Annexation of the Expansion Parcels into the PUD shall be subject to Eagle City Code, Title 8, Chapter 6 and be approved by the Eagle City Council following public hearing in accordance with all applicable laws and ordinances in effect as of the date of annexation. 3.4.2.3 Upon annexation of one or more of the Expansion Parcels into the PUD, such annexed property shall be granted a development density of 2.2 units per acre_: pr -ed that In addition to such densit\ . an overall development density of up to three units per acre may be granted at the time of preliminary plat approval based upon (a) the overall design and integration of open space as designated in Section 3.4.2.4 of this Agreement and demonstrated in the preliminary plat application,. In addition to such densit\..\pphcants ma\ assign and (b) Applicants. assignment and transfer for use in such Expansion Parcels of one or more of the .>>ca 1.", 7.residential dwelling units approved by the PUD for development on the Property_. in \\ihieh event\Vith and upon each such assitinnlent and transfer. the maximum allowed density of development on the Property shall be reduced by a like number as transferred to the Expansion Parcels. 3.4.2.4 All Expansion Parcels shall provide a minimum of 15% open space, with each such parcel including at least a 1.5 acre neighborhood park. A minimum of 60% of the open space shall be "Active Open Space," with the remainder being "Passive Open Space." (Active Open Space shall be defined as neighborhood areas that provide gathering areas for active recreation (e.g., open fields, swimming pools, tot lots, and trails); Passive Open Space shall be defined as neighborhood areas that provide a combination of linear open space and scenic features (e.g., ponds, berms, and view corridors).) 3.4.2.5 All annexed Expansion Parcels shall be connected both internally to the Property as well as externally to the greater Eagle community. Stub streets should be identified for all proposed Expansion Parcels and noted in deeds and signage as a street, as required by the Ada County Highway District (the "ACHD") and Eagle. 3.4.3 Commercial/Office Development 3.4.3.1 Office and commercial use shall be limited to approximately 5% of the Property-and--be--no 2rcatcr than 38 31 acres. The Property shall be developed in compliance with the Eagle City Code and Eagle's Comprehensive Plan, as adopted at the time this Agreement is recorded, except as otherwise provided herein. 3.4.3.2 The uses allowed in the office/commercial portions of the Property shall be limited to the following: • Artist studios • Arts and crafts shows EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT - 5 1 06-2-.8-06-----1- 10007 1 706_. 133Q BOI_MT2.618972.6 • Beauty/barber shop • Family & group childcare • Convenience store with no fuel service (hours limited to 7 am to 10 pm) • Electronic sales, service, or repair shop • Food and beverage sales (excluding liquor sales and with hours limited to 7 am to 10 pm) • Health clubs, spas, weight reduction salons • Home and business services • Laundry (with no drive up service) • Massage spa • Office, business and professional (including medical) • Personal improvement • Personal services • Photographic studio • Professional activities • Restaurant (no drive thru and with hours limited to 7 am to 10 pm) • Retail sales (limited) • Retail sales (pharmacies and medical) • Travel services • Vet clinic (excluding overnight boarding) • Government building, offices • Library • Museum EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT - 6 1 962-506--1-1-00071706 1330 BOI MT2:618972.6 3.4.3.3 No single retail tenant on the Property shall exceed 25,000 square feet in building footprint area. following uses: 3.4.3.4 No portion of the Property shall be used for any of the • Outside storage • Adult business • Automotive, mobile home, travel trailer, and/or farm implement sales • Cemetery • Drive-in theatre • Mortuary; funeral home • Storage (fenced area) • Railroad yard or shop • Terminal yard, trucking • Truck and equipment repair and sales (heavy) 3.4.3.5 The office/commercial portion shall be developed as ancillary office and commercial areas, intended to serve the Property. 3.4.3.6 For each acre converted from residential to office/commercial use '_,c,on l --=he 1 (a.' aQfIhi -w n in 4 - hihit ,\ hereto: 2.2 units shall be removed from the total maximum allowed number of dwelling units of -1,1-544 1. 7 , that may be developed on the Property or transferred to Expansion Parcels. 3.4.4 Open Space 3.4.4.1 At least 21% of the Property. of apl o-ximatcly 143 131 acres. shall be reserved as open space. Open space is defined as comprising two categories of area: the "Academy Core" and "Community Open Space," as described below: 3.4.4.2 The Academy Core, as depicted in Exhibit A hereto, shall he a Year round trainintl facility and comprise no less than 1 1"-) of the Property and include Ole ft—'11—t:'.\ i;1:1 ;.ail H€— l sv, i 7 academy. :1 tennis academy. a r acaderm . ,1 ._oI1 ;leaden\ . and a community flutes, center as _enerally depicted in Exhibit \ Hereto. •:SA\ lill aeadenr EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT - 7 CAH;846--1-100071706 1330 BOI_MT2 618972 6 •.�-,:ul?-:t�:.�'�f?:1 ' i •� tafi?;? f}iil ;t;tci� i,:ik+ 3.4.4.2.1 The Academy Core shall be developed substantially as set forth in Exhibit E hereto. 3.4.4.2.2 Except as otherwise provided for in this Agreement, all buildings in the Academy Core shall be subject to Eagle's design review process, as set forth in Eagle City Code, Title 8, Chapter 2A. 3.4.4.2.3 Construction of the Academy Core facilities shall commence upon recording the first final plat for the Property. Upon submission of any subsequent preliminary plat, Applicants must provide Eagle with a schedule for completion of construction of the Academy Core. Unless the Academy Core is deemed to be substantially complete within three years from the recording of this Agreement or completion is delayed beyond that time by acts of God or other factors over which Applicants have no control, no new building permits will be issued until the Academy Core is substantially complete and all occupancy permits are issued by Eagle. 3.4.4.2.4 The maximum height for structures in the Academy Core shall not exceed 46.5 feet. 11 salol the perimeter of the dril incl 1 tiii e is needed. said poles and other related tructures shall not exceed 4(1 rect. and the applicant shall be rcLluired to, submit a desiiln review application including heiLiht. material and maintenance information 3.4.4.2.5 The following ancillary uses shall be allowed within the Academy Core to serve the residents and promote vehicular trip capture within the Property: • Restaurant • Deli/sandwich shop • Activity specific retail 3.4.4.3 The Community Open Space shall comprise no less than 67.962. 11 acres (10% of the Property-) and be developed for casual recreation. This area shall include the following: • Ten acres of community park land • At least one tot lot for each phase depicted in Exhibit A hereto EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT - 8 1 062586---1-101i07I 706 1 330 BOI_MT2 618972 6 • Regional trails connecting through the Property, from east to west and north to south • Both Active and Passive Open Space, as defined in Section 3.4.2.4 above • Up to five acres of school site can be included as Community Open Space 3.4.4.3.1 All Community Open Space shall comply with the Eagle City Code in effect at the time of the preliminary plat application including such area. 3.4.4.3.2 I';xcept fur u aAl1 Community Open Space with the exception of that included \yithin school sites shall be maintained by the umbrella home owners association for the Property or the local home owners association for the area surrounding or adjoining the open space. 3.4.4.3.3 A public easement for a greenbelt pathway connecting north to south and east to west through the Property shall be dedicated to Eagle. The specific location, easement language, design, and construction plans of the pathway shall be approved by the Eagle City Council prior to the City Engineer signing the first final plat for the Property. 3.4.4.3.4 All regional pathways dedicated to Eagle shall be a minimum of 20 feet wide and contain paved pathways of at least 10 feet in width, and all micropathways designed for primary use by the residence of the Property shall be a minimum of 16 feet wide and contain paved pathways of at least 6 feet in width, with all paved pathways being constructed to Eagle's pathway standards, as established by Eagle's Park and Pathways Board and the City Engineer. 3.4.4.4 All open space areas are subject to Eagle's design review process and standards set forth in Eagle City Code Section 8-2A. 3.5 Approximately ten acres of the Property shall be provided or sold to the Meridian Joint School District or other public school authority, for use as a -one or more public school or public charter school sites. The school site(s) shall be subject to Eagle's design review process and standards set forth in Eagle City Code Section 8-2A. A concept for the architectural style of the school facility is set forth as Exhibit G attached hereto and incorporated herein. 3.5.1 The school site(s) shall be located south of Floating Feather Road and access to the site(s) shall oriQinate internally from the Property and not from any arterial h Int - 1 cad. 3.5.2 This Aureement is in lieu of a conditional use permit for development of the school site( s) that \vould normally be required ' ithln the "Residential Iwo zoninu district. EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT - 9 1 0628(4(--1--1-0(4071706 1330 BOI_MT2 618972 6 3.6 The conditions, covenants, and restrictions recorded against all portions of the Property shall contain at least the following provisions: • An allocation of responsibility for maintenance of all community and privately owned landscaping and amenities • A requirement insuring compliance with the design guidelines for all buildings and amenities, with the exception of single family residences, set forth in Exhibit E hereto • Establishment of an architectural control board for all buildings prior to building permit • An allocation of responsibility for the operations and maintenance of the pressurized irrigation system for the Property 3.7 Except as otherwise expressly set forth in this Agreement, the Property may be developed and used consistent with the R Residential District land uses allowed by the Eagle City Code and Eagle's Official Schedule of District Regulations existing at the time this Development Agreement is recorded, a copy of which is attached hereto as Exhibit H and incorporated herein. 3.8 Prior to issuance of any building permits, Applicants shall provide proof of adequate sewer service to the proposed residences and commercial uses, by causing a letter of approval to be provided to Eagle from the al4o Department of Health. Division of Environmental ()u -lith. an D Eaalc Scv.er District. 3.8.1 Applicants acknowledge that the Property is located within the City of Eagle Municipal Water Service Area and compliance with applicable provisions in the Eagle City Code is required. 3.9 Applicants shall provide a report or analysis of any proposed changes to wetlands located on the Property, and any such change shall be contingent upon approval by the applicable state and federal agencies, along with Eagle, and be in accordance with Eagle's Comprehensive Plan and the Eagle City Code. Applicants agree all development and improvement of the Property shall comply with all laws and regulations pertaining to regulated wetlands. 3.10 Applicants shall comply with all rules, regulations, and ordinances of Eagle except as otherwise provided herein, including but not limited to applications for development permits as required by Eagle City Code Title 10 (Flood Control). 3.11 Applicants shall provide an on-site, tree lined landscape strip along State Highway 16, Linder Road, Floating Feather Road, and the east/west ee+tnetet-collector and Palmer Lane, which landscape strip shall include a ten foot wide bicycle/pedestrian pathway, as generally depicted on Exhibit I attached hereto and incorporated herein and in Eagle's Comprehensive Plan. The landscaping, including street trees and pathways, shall be reviewed EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT - 10 1 062 -)i4)6 -I-100071706 1330 BOI MT2.618972.6 and approved as required by the applicable provisions in the Eagle City Code and as set forth below: 3.11.1 A 75 foot wide landscape strip along State Highway 16 shall include a minimum ten foot high berm/wall combination with extensive landscaping to provide a buffer. All buffers should be located outside a 150 foot setback from centerline for right-of-way dedication to the Idaho Transportation Department (the "ITD"). 3.11.2 A 50 foot wide landscape strip along Linder Road and Floating Feather Road shall include a minimum eight foot high berm/wall combination with extensive landscaping to provide a buffer. 3.11.3 A 35 foot wide landscape strip along all collector roads on the Property, including Palmer Lane, shall include a minimum five foot high berm/wall combination with extensive landscaping to provide a buffer. 3.11.4 Property shall be designed to allow for a public roadway connecting the Property to Floating Feather Road and Linder Road. Approved access points are depicted in Exhibit J attached hereto and incorporated herein, subject to approval by the ACHD. 3.12 The use of private gated roads shall be reviewed at preliminary plat to ensure they do not conflict with the interconnectivity of Eagle. The location of potential private roads and gates are designated in Exhibit K attached hereto and incorporated herein. These areas shall be constructed to public roadway standard at a minimum width of 36 feet from back of curb and shall not provide an alternative connection/bypass to the public roadway system. The number of dwelling units in private/gated areas shall not exceed 18% of the total 44-1,373 dwelling units that may be developed on the Property. These areas shall be identified on each preliminary plat submittal. with the following justification being provided: • Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that private streets will serve to enhance the overall development • The private streets shall provide safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking • The private streets shall provide adequate access for service and emergency vehicles • The private streets do not adversely affect access or good transportation planning to adjacent property and to the area travel networks • The private streets do not land -lock adjacent property due to topography or parcel layout EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT - 11 1 06280e--1-1-00071706 1330 BOL MT2 618972 6 • Other than to provide emergency access, the private streets do not connect one public street to another, thereby encouraging travel through the development served by the private street • The use or alignment of the private streets does not interfere with the continuity of public streets • An appropriate mechanism has been established for the repair and maintenance of the private streets, including provisions for the funding thereof 3.13 For the purposes of connectivity, streets shall be stubbed as shown on Exhibit A hereto. An additional stub street shall be provided from the internal collector road north to Floating Feather Road (east of the school site) and south to what is now known as the Mueller property. All road and stub street locations shall be reviewed by the ACHD prior to presentation to Eagle's Planning and Zoning Commission of any preliminary plat depicting, or proposed amendment to the PUD relocating, any such road or street locations. 3.14 A new north south collector road shall be constructed in lieu of the typical ITD frontage road at a minimum distance of 1,000 feet from the right-of-way dedication for State Highway 16. 3.15 Public art, water features, or other features of interest and pedestrian amenities which encourage pedestrian use (e.g., outdoor drinking fountains, benches, and tables) shall be constructed on the Property, as generally depicted in Exhibit L attached hereto and incorporated herein. 3.16 In all single-family attached dwelling units, first floors shall be insulated from second floors with lightweight concrete or other product or design that provides fire and sound protection. Common walls between units shall be insulated to mitigate transfer of noise between the floors and between units. The insulation method shall be reviewed and approved by Eagle's l3uildin�z Official prior to issuance of building permits. 3.17 Building placement shall be designed such that parking areas are not concentrated between the buildings and roadways of a collector status or higher. The side of any buildings facing these roads shall be provided with architectural design elements and architectural relief in keeping with the proposed architectural styles described in Exhibit E hereto. 3.18 Applicants shall obtain a license agreement from the ITD and/or the ACHD to allow the right-of-way between the Property and the edge of pavement along State Highway 16, Palmer Lane, Linder Road, and Floating Feather Road to be landscaped by the Applicants, if such an agreement is approved pursuant to the Eagle City Code. o4:i:1 va-1 of 11= 11 _ i-1 11-t--it-t--I 10:tH- n2 Feather Rt -,-ad i,.. tilt? .\C 1'!D prior to the 1'1 :nnin:2. ant.lZ€nin -( 11:;7111:4 it4n-I e;::in t'1? c flit t' �Ii� }c'{;1i3t3;�C�' "1�:t for ant' ;-o-Ft-it-)-n--1- 1'r ertt}{ or11-ie-arat�xa-tit4-11 of a-fiv Exi :11S,t�n EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT - 12 062806- --1-11)0071706 1330 BOI_MT2:618972 6 1 133i31t 3-24)3.19 Pathways and pedestrian/bicycle public access connecting the public roads to residential areas and commercial areas shall be consistent with Eagle's Comprehensive Plan and be approved by Eagle prior to or concurrently with approval of the preliminary plat containing such pathways and access. 3:2-1-3.20 Except as otherwise expressly provided in this Agreement, the Property can be developed in accordance with the Eagle City Code in effect on the date this Agreement is recorded, provided that if the permitted uses for the R Residential District are expanded, such expanded uses shall be allowed under this Agreement. 3.223.21 As required by Eagle City Code, Title 6, Chapter 5, the Property shall become part of Eagle's municipal water system and comply with the terms of the November 17, 2005, Memorandum of Agreement attached hereto and incorporated herein as Exhibit NM. All water mains to be dedicated to the public shall only be constructed on rights of way, easements, or publicly owned property. Easements or permits secured for main extensions shall be obtained in the name of Eagle, along with all rights and title to the main, at the time water service is provided. Water mains shall be extended by Applicants to the boundaries of the Property at locations future water system extensions are expected to occur, as designated by the City Engineer. ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS Affidavits of all owners of the Property agreeing to submit the Property to this Agreement and to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code, Title 8, Chapter 10 have been provided to Eagle and are incorporated herein by reference. ARTICLE V DEFAULT 5.1 In the event Applicants or any successors fail to comply with the commitments set forth herein within 30 days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice, to specific performance or any other rights or remedies available under Idaho Law, including but not limited to the right to demand Applicants cure such default or enjoin such violation and otherwise enforce the requirements contained in this Agreement or to terminate this Agreement by the process established in Eagle City Code Section 8-10-1; provided, however, any termination shall only affect the lots or parcels owned by the Applicant(s) or their successors in default and shall not affect other portions of the Property. 5.2 If an action is commenced in court to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all direct out-of-pocket costs incurred, including costs to cure or enjoin such default and to enforce the commitments contained in this Agreement, attorneys' fees, and court costs. EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT - 13 1 062806- 1400071706 1330 BOI_MT2:618972.6 5.3 If any term, provision, commitment, or restriction of this Agreement or the application thereof incorporated for the benefit of Eagle shall be held invalid or unenforceable and not voluntarily adhered to by Applicants and their successors notwithstanding any such invalidity or unenforceability, the remainder of this instrument shall terminate and the zoning of the property shall revert to the A -R (Agricultural Residential) zoning designation, unless the portion of this instrument determined to be invalid or unenforceable is re -negotiated in good faith between Applicants (or other appropriate party) and Eagle as an amendment to this Agreement processed in accordance with the notice and hearing provisions of Idaho Code § 67-6509 and Eagle City Code Section 8-10-1. ARTICLE VI UNENFORCEABLE PROVISIONS Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that portion determined to be invalid or unenforceable shall be re -negotiated in good faith between Applicants (or other appropriate party) and Eagle. ARTICLE VII ASSIGNMENT AND TRANSFER After its execution, this Agreement shall be recorded in the office of the Ada County Recorder at the expense of Applicants. Each commitment and restriction shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other residential property near the Property, and shall run with the land. This Agreement shall be binding on Eagle and Applicants and their respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the Property is divided, each owner of a legal lot shall only be responsible for those duties and obligations associated with that owner's parcel and shall not be responsible for duties and obligations or defaults as to other parcels or lots within the Property. A new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale, or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect only to such owner's lot or parcel. ARTICLE VIII GENERAL MATTERS 8.1 Any alteration or change to this Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67-6509 and Eagle City Code Section 8-10-1. 8.2 This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine, or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context reasonably dictates. EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT -14 1 062-.g06-1-1-00071706 1330 BOI_MT2:618972.6 8.3 This Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time this Agreement is recorded. Any action brought in connection with this Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 8.4 Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested, postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below: Eagle: Applicants: William E. Vaughan Planning and Zoning Administrator City of Eagle 310 E. State Eagle, Idaho 83616 Eagle Sport Legends Development 3350 Americana Terrace #200 Boise, Idaho 83706 or such other addresses and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given upon delivery if by personal delivery or overnight delivery service and upon deposit in the United States mail, if sent by mail pursuant to the foregoing. 8.5 This Agreement shall be effective after delivery to each of the parties hereto of a fully executed original of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this day of , 2006. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: Nancy C. Merrill, Mayor ATTEST: Sharon K. Bergmann, City Clerk EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT -15 1062806 1109071706 1330 BOI MT2:618972.6 EAGLE SPORT LEGENDS DEVELOPMENT, LLC, an Idaho limited liability company By: Signature Sports Development LLC, an Idaho limited liability company Its: Manager By: Knoll Acres Associates LLC, an Idaho limited liability company Its: Manager By: A. Leon Blaser, Member EAGLE SPORT LEGENDS DEVELOPMENT #2, LLC, an Idaho limited liability company By: Signature Sports Development LLC, an Idaho limited liability company Its: Manager By: Knoll Acres Associates LLC, an Idaho limited liability company Its: Manager By: A. Leon Blaser, Member EAGLECREEK PROPERTIES, LLC, an Idaho limited liability company By: Timothy W. Eck, Manager By: James L. Jewett, Manager EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT -16 1 0628O6—l4e0071706 1330 Bob MT2:618972.s l I()R\1.\l k l IL\ L111ITT-.D PARTN-NZS1-14-P.. in Idaho--1-invited partnership 13v: Vienda1a L.P.. an Idaho limited partnership Its: General Parc Ri Partner • `neral Mary B. I-1ormaechea. General Partner EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT - 17 1 062-806--1-1-00071706 1330 BOI_MT2 61 ss72.s STATE O1' IDAI10 ss, County of 1 County) ) On this clay of . 2006. before me personally appeared NANCY C. MERRILL. known or identified to me (or proved to me on the oath of ) to be the Mayor of CITY OF EAGLE. a municipal corporation or$2.anized and existine under the laws of the State of Idaho. the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and near in this certificate first above written. NOTARY PUBLIC FOR IDAIIO Residing at My Commission Expires STATE OF IDAHO ) ss. County of ) On this day of . 2006. before me . a Notary Public in and for said State. personally appeared A. LEON BLASER. known or identified to me (or proved to me on the oath of ) to be the member of KNOLL ACRES ASSOCIATES LLC. an Idaho limited liability company. the manager of SIGNATURE SPORTS DEVELOPMENT LLC, an Idaho limited liability company. the manager of EAGLE SPORT LEGENDS DEVELOPMENT, LLC. an Idaho limited liability company. the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company. and acknowledged to me that he executed the within instrument on behalf of said first named company, and that such first named company executed the same in the second named company's name. and that such second named company executed the sante in the third company's name. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the dal. and year in this certificate first above written. NOTARY PUI3LIC FOR IDAHO Residing at My Commission Expires EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT - 18 1 062-806-1-100071706 13 30 BOI_MT2 618972 6 STA IEOFID;\I I0 1 ) . County of On this day of . 2006. before me . a Notary Public in and for said State. personally appeared A. LEON BLASER. known or identified to me (or proved to me on the oath of ) to be the member of KNOLL ACRES ASSOCIATES LLC. an Idaho limited liability company. the manner of SIGNATURE SPORTS DEVELOPMENT LLC. an Idaho limited liability company. the inanaur of EAGLE SPORT LEGENDS DEVELOPMENT #2, LLC. an Idaho limited liability company. the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company. and acknowledced to me that he executed the xvithin instrument on behalf of said first named company. and that such first named company executed the sante in the second named company's name. and that such second named company executed the same in the third company's name. IN \WITNESS WIIERFOF. I have hereunto set my hand and affixed my official seal the day and \ear in this certificate first above written. NOTARY PUBLIC FOR 1DAI I0 Residinu at \'lv Commission Expires STATE. OF IDAHO ss. County of On this day of . 2006. before me personally appeared TIMOTHY W. ECK and JAMES L. JEWETT. known or identified to me (or Droved to me on the oath of ) to be nlanatzers of EAGLECREEK PROPERTIES. LLC. an Idaho limited liability company. the limited liability company that executed the instrument or the persons who executed the instrument on behalf of said limited liability company. and acknowlehed to me that such company executed the same. IN WITNESS WHEREOF. 1 have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUI3LIC FOR 11)A1 10 Rcsidini at MY Commission Expires EAGLE SPORT LEGENDS DEVELOPMENT AGREEMENT - 19 062806 N-00071706 I.1 U BOI_MT2:618972 6 LEGACY Pre -Application May 2005 July 2006 Acres 895 _ 623.9 I Lots 1769 _ 1373 Units/acre 1.98 1 Acres of Open space 306.9 _ I % of site as open space 34.19% I `'' % golf 26.55% 7 36% 0 % academy 2.66% -._ _ rn Community 5.08% ,3 , o % commercial 0.83% - -- _ 3 Amenities 237.6 acre golf course 45.9 acre range/practice green (no course) J 23.8 acre academy core 12 . _ = . r.. i'c := m No School site 10 acre school site's) 45.5 acres community open spac = 7.4 acres commercial 7.8 acres of commercial a m 40+ ft. building 42 foot academy building Private Golf Club No Golf Club o indoor driving range Driving range w/ 100-200 sq ft. instruction facility m Indoor swimming s 1 enlarged Heated partially enclosed pool facility m Indoor tennis 12 courts 6 partially enclosed indoor tennis 0 Fitness Center Fitness Center Cc INTER OFFICE City of Eagle Zoning Administration gin To: From: Subject: Date: Attachment(s): Copy To: Mayor Merrill and City Council Members Nichoel Baird Spencer, MCRP, AICP • � 1w A-9-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06 — Legacy Planned Unit Development — Eagle Sports Legends, LLC represented by Todd Santiago August 8, 2006 Revised Development Agreement Todd Santiago, Signature Sports Development, LLC. 533 E. Riverside Drive, Suite 200 Eagle, ID 83616 As requested by the City Council the staff has met with the applicant to clarify inconsistencies within the development agreement. The attached Development agreement reflects the changes from May 23rd through August 7, 2006 Page 1 of 1 K\Ptuming DcptlEaglc Applications\Preiiminary Development Ptans12005\1cgacy me 7.doc INTER OFFICE City of Eagle Zoning Administration To: Mayor Merrill & City Council From: Nichoel Baird Spencer, MCRP, AICP, Planner III)1 — Subject: RFQ for the Foothills Mapping Date: August 8, 2006 Attachment(s): N/A CoPy To: William Vaughan, AICP, Zoning Administrator Susan Buxton, City Attorney On July 24, 2006 the City issued a Request for Proposals (RFQ) for GIS Mapping, Visual Inventory, 3D Model Development and Visioning Graphics/Animations for the Foothills Plan. The RFQ established a 100 point review scales for all proposals. At the close of the RFQ, August 7. 2006, the City received three (3) sets of qualifications from (in alphabetical order): Sanborn Solutions — Portland, OR Visual Genesis — Boise, ID Wood Rogers — Boise, ID The proposals were reviewed independently by Dave Aspitarte (Planning & Zoning Commissioner), Bill Vaughan (Zoning Administrator) and I. The scores from this review are as follows(in alphabetical order): Company Sanborn Solutions Visual Genesis Wood Rogers Combined Score Average Score 192.5 275 261 642 91.7 87.0 Based upon the above noted a combined score, staff recommends the selection of Visual Genesis as the preferred consultant and Staff at this time requests Council's permission to begin contract negotiations. Once a preliminary contract is drafted staff will submit the contract to the Council for approval. Page 1 of 1 \Platuung Dept Impact Area\?006\FoodullsBFQ the 1 doc Page 1 of 1 Sharon Bergmann From: DANIEL SAVINO [danielsavino_7@msn.comj Sent: Wednesday, July 12, 2006 1:06 PM To: eaglecity Subject: aloha Mayor and City Council et al I'm Dan Savino representing Hopes Door 69 GTO Charity Car Raffle and planning/submitting to you a proposal for us to conduct a cruise of classic cars on Sept 2nd between 6-9:30PM in your beautiful city. With your support and sponsorship, the AMERICAN GRAFFITI CRUISE NITE OF EAGLE will kick off a weeknd car show at the Meridian Speedway where we will pull the winning raffle ticket winners name for our Nationwide GTO Raffle of our $50,500. Pontiac GTO Convertible. Eagle will be advertised as the cruise route for our charity raffle and will undoubtedly draw thousands of people and much revenue to businesses in the area that weekend an economic boon to your local economy. Chief Dana is highly supportive of our cruise and is sending forms for us to submit. We are open to ANY possible cruise route and will work with city officials, police, ACHD, fire etc. etc. to make this simple, easy and fun for all. If the City would get behind this, vendors and businesses could set up along the cruise route and make $$$. ALCOHOL FREE, we will not solicit for alcoholic beverages and be family friendly Hopes Door is a needy fairly new charity providing a safe haven for abused WOMEN & KIDS. As Advocates Against Family Violence, Hopes Door is the reason for our car show and raffle. ALL local charities in the TREASURE valley ARE INVITED TO PUT A free booth AT WARM SUMMER DAZE SHOW & SHINE AT THE mERIDIAN sPEEDWAY ON Sept 3rd and 4th. Please give us your support and sponsor our cruise on Sept 2nd. We thank you and look forward to making this an annual event in Eagle.Thank you for your time and consideration. I am, Dano Savino Hopes Door 69 GTO CHARITY CAR RAFFLE Raffle and Marketing Manager PS....100% OF PROCEEDS AND TICKET SALES GO TO HOPES DOOR www.hooesdoor.ora 7/13/2006 G� `g r MOORE SMITH BUXTON & TURCKE, CHARTERED STEPHANIE J. BONNEY SUSAN E. BUM ON* MICHAEL C. MOOREI PAUL J. FITZER BRUCE M. SMITH PAUL A. TURCKE, TAMMY A. ZOKAN' ATTORNEYS AND COUNSELORS AT LAW 950 W. BANNOCK STREET, SUITE 520 BOISE, ID 83702 TELEPHONE: (208) 331-1800 FAX: (208) 331-1202 August 8, 2006 JOHN J. MCFADDEN''t of Counsel * Also admitted in Oregon I Also admitted in Washington 4 Also admitted in South Dakota Also admitted in New Mexico ACKNOWLEDGEMENT, CONSENT AND WAIVER OF CONFLICT OF INTEREST The law firm of Moore Smith Buxton & Turcke, Chartered (the "Attorneys") is the City Attorney for the City of Eagle ("Eagle") and is the City Attorney for the City of Star ("Star"), collectively referred to herein as "the Cities". Eagle and Star have been engaged in negotiating their respective Areas of Impact with Ada County pursuant to § 67-6526, Idaho Code and had both been represented by conflict counsel to represent their respective interests in that negotiation process. Ada County subsequently approved Areas of Impact for each city. The Cities received a letter from the Ada County Board of County Commissioners ("County") dated July 14, 2006, which alleges an overlap of the Cities' areas of impact. The Cities desire to have Attorneys represent their interests in working with the County to allow the overlap to continue and wish to waive any and all conflicts of interest that exist or may arise with regard to the overlap between the Cities' areas of impact. Based on the foregoing, and after analysis of applicable Idaho Rules of Professional Conduct, consultation with the Cities, and receipt of informed consent in writing from the Cities, Attorneys have determined they may continue to represent the Cities and render the requested representation for the Cities. Specifically, for these discrete matters, under Idaho Rule of Professional Conduct 1.7(b): (a) Attorneys reasonably believe they will be able to diligently represent the Cities and provide competent and diligent representation to each affected client; (b) the proposed representation is not prohibited by law; (c) the representation as proposed will not involve ACKNOWLEDGEMENT, CONSENT AND WAIVER OF CONFLICT OF INTEREST -- Page 1 Attorney's assertion of claim(s) by one client against another represented by Attorneys in the applicable matter; and (d) each affected client will provide informed consent in writing prior to representation by Attorneys. Eagle, by and through the approving vote of the City Council, authorizes the Mayor to sign this Acknowledgement, Consent and Waiver of Conflict of Interest. DATED this day of , 2006. CITY OF EAGLE, IDAHO Ada County, Idaho Nancy C. Merrill, Mayor ATTEST: Sharon K. Bergmann, City Clerk (SEAL) ACKNOWLEDGEMENT, CONSENT AND WAIVER OF CONFLICT OF INTEREST Page 2 Message Page 1 of 1 Sharon Bergmann From: Susan E. Buxton [SEB@msbtlaw.com] Sent: Tuesday, August 08, 2006 3:18 PM To: nmitchell@staridaho.org; cward©staridaho.org; sguerber@ishs.state.id.us; Nancy Merrill; Phillip Bandy; S Nordstrom; Sharon Bergmann; S Bastian Cc: darkfire©qwest.net; JoAnn C. Butler; Paul J. Fitzer Subject: Waiver of Conflict of Interest for impact areas for Eagle and Star Importance: High I have attached a proposed waiver of conflict of interest to address the overlap issue between the two cities. Both Nate Mitchell and Nancy Merrill have asked me to draft this waiver and present it to the two cities. Eagle 's meeting is tonight and Star will meet tomorrow. This is the basic format we are proposing. Please provide your input and concerns regarding this arrangement. Our firm will not undertake this task unless and until each City has executed a conflict waiver and had an opportunity to consult with their respective Conflict Counsel (Butler and Wildwood respectively). I will be happy to answer any questions or address any concerns anyone has regarding this matter. Thanks, Susan Stoafvz $u,:toty Moore Smith Buxton & Turcke, Chartered 950 W. Bannock Street, Suite 520 Boise, Idaho 83702 Phone: 208/331-1800 Fax: 208/331-1202 sebemsbtlaw.com CONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual(s) named as recipients. It may contain information that is privileged, confidential and/or protected from disclosure under applicable law including, but not limited to, the attorney client privilege and/or work product doctrine. If you are not the intended recipient of this transmission, please notify the sender immediately by telephone. Do not deliver, distribute or copy this transmission, disclose its contents, or take any action in reliance on the information it contains. This e-mail is not intended for release to opposing parties, opposing counsel or any other third person or entity. Copies of this e-mail should not be kept in your regular files. If you print a copy of this e-mail, place it in a separate file labeled "Attomey-Client Privilege". Do not produce a copy of this e-mail in discovery. 8/8/2006 INTER OFFICE City of Eagle Zoning Administration 9 / To: Mayor Merrill and City Council Members From: Barbara A. Cerda, Planner Subject: A-10-06/RZ-12-06/CU-04-06/P'UD-02-06/PP-12-06 - Eaglefield Estates II Planned Unit Development - Eaglefield, LLC, represented by Clint Boyle, AICP with Landmark Engineering and Planning, Inc. Date: August 4, 2006 Attachment(s): N/A Copy To: Landmark Engineering and Planning, Inc., Attn: Clint Boyle, AICP, 104 9th Avenue South, Suite C, Nampa, Idaho 83651 The above mentioned item is being continued to the August 22, 2006, City Council meeting. Page 1 of 1 K:1Planting Dcpt\Eaglc Appluetions\SUBS120061EagkfekJ Estates II PUD cc memo.eloc 1 1 EAST ELEVATION 1 1