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Minutes - 2007 - City Council - 04/10/2007 - Regular l EAGLE CITY COUNCIL Minutes April 10, 2007 COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: Merrill Mayor calls the meeting to order at 7:45 p.m. 2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT: John Heimer, I was a river outfitter on the Boise River. I was also a marine biologist and worked for the Fish and Game. Discussion on the river and flooding. General discussion on channel capacity. Duree Shriverick, discussion on closing of 2nd Street. Provides a letter to be distributed to the Mayor and City Council. Vernon Padaca, discusses the bicycle race proposed in the City of Eagle in July. This is a two day, three stage roadside event. Provides the Council an overview of the event. General discussion. 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. Minutes of March 20, 2007. C. Minutes of March 27, 2007. D. Open Container Permit: The Eagle Volunteer Firefighters Association is requesting Council approval of an open container permit to be used at Merrill Park on June 9, 2007. (SKB) E. 2007/2008 Alcohol License Renewals: The following have submitted the appropriate fees and documentation for license renewal. Rhino LLC dba Zen Bento; Janice Darelli & WM Carter dba: The Stuffed Olive; Jackson's Food Stores Inc.;LGJ Inc. dba: Busters; Mike McGuinness dba Casa Mexico; Smith's Eagle dba North Channel Chevron; and Yin Kwong Corporation dba: Sakura Sushi. (SKB) F. Noise Ordinance Waiver: The Eagle Arts Commission is requesting a noise waiver for June 8, 2007 extending the time from 10:00 p.m. to 10:30 p.m. to accommodate the musical performance for Eagle Fun Days. (BB) G. DR-3-07 - Idaho Velodrome within Ealde Sports Community Park - City of Eal!le: The City of Eagle, represented by Doug Russell with The Land Group, Inc., is requesting design review approval to construct a velodrome bicycle track within the Eagle Sports Community Park. The 33.65-acre side is located near Page] K.\CQUNCIL\MINUTES\Temporary Minutes Work Area\CC-4-10-07min.doc the northeast corner of Horseshoe Bend Road and Floating Feather Road at 315 I Goose Creek Road. (WEV) H. DR-06-07 - Bank Facilitv with Three Drive-up Service Lanes - Farmers and Merchants: Farmers and Merchants, represented by David Glancey with BRS Architects, is requesting design review approval to construct a 3,327-square foot bank facility with three drive-up service lanes. The site is located on the northeast corner of East State Street and Hill Road at 110 I East Winding Creek Drive. (WEV) I. DR-08-07 - Common Area Landscapinl! within Countrvland Subdivision - Countrvland Subdivision: JLJ Enterprises, Inc, represented by Jeremy Ainsworth with The Land Group, Inc., is requesting design review approval for the landscaping within Country land Subdivision. The site is located on the north side of State Highway 44 approximately 'I.-mile West of Ballantyne Lane at 2556 West State Street. (WEV) J. DR-09-07 - Common Area Landscapinl! within Eal!le Creek West - J. L. J. Enterprises. Inc.: J. L. J. Enterprises, Inc., represented by Phil Hull with The Land Group, Inc., is requesting design review approval for the common area landscaping within Eagle Creek West. The site is located on the west side of North Linder Road approximately 1,640-feet north of State Highway 44 at 839 North Linder Road. (WEV) K. Findinl!s of Fact and Conclusions of Law for A-15-06 & RZ-20-06- Annexation and Rezone from RR to MU-DA for a Multi-Familv Residential Condominium Housinl! Development - Orchards at Eal!le. LLC: Orchards at Eagle, LLC, represented by Jason Densmer with The Land Group, Inc., is requesting approval of an annexation and a rezone with a development agreement from RR (Rural Residential) to MU-DA (Mixed Use with a Development Agreement) for The Orchards at Eagle, a 74-unit multi-family residential condominium housing development. The 24.87-acre site is located 270-feet south of West State Street, on the west side of South Linder Road at 4831 West Old Valley Road. (WEV) L. Findinl!s of Fact and Conclusions of Law for A-19-06/RZ-25-06 & PP-19-06- Annexation and Rezone from RUT - (Rural Urban Transition) to MU-DA- (Mixed Use with Development Al!reement) And PreliminarY Plat for Castleburv West Business Park - Capital Development. Inc.: Capital Development, Inc. represented by Van Elg with The Land Group, is requesting an annexation and rezone from RUT (Rural Urban Transition) to M-U-DA (Mixed Use with Development Agreement), and preliminary plat approval for Castlebury West Business Park. The 8.52-acre site is generally located on the northwest corner of West Chinden Boulevard and North Meridian Road at 6615 North Meridian Road. (WEV) M. Chanl!e Order No.2 for Guerber Park: (OM) N. Lakemore Park Lease Al!reement: (SEB) O. Approval oflease al!reement between EZM Distributinl! (dba: Hil!h Mountain Sno) and City of Eal!le for vendor space at Stephen C. Guerber Park. (SKB) Bastian moves to remove the following items from the Consent Agenda: Item #A, B, C, D, Nand O. Seconded by Guerber. ALL AYES: MOTION CARRIES.............. Page 2 K:\COUNCIL\f\.lINUTES\Temporary Minutes Work Area\CC-4-1O-07min doc Guerber moves to approve the Amended Consent Agenda. Seconded by Nordstrom. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES................. ... 5A. Claims Al!ainst the City Bastian: We have not had ample time to review the Claims Against the City and I would like to move to the Claims to Unfinished Business Item #9A. So Moved by Guerber. Seconded by Nordstrom. ALL AYES: MOTION CARRIES....................... 5B. Minutes of March 20. 2007 Bastian: I have some minor changes to the minutes. Page I #4 "Mr. Gibson did "not" want to comment on any specific issues; Page 2, Guerber's motion after Item #6-Public Hearings: strike the words "to be heard"; Page 3 #8A, 1st sentence, strike "of' in Blue Print of Good Growth and insert "for". Bastian moves to approve the Minutes of March 20, 2007 with the corrections. Seconded by Guerber. ALL AYES: MOTION CARRIES...................... 5C. Minutes of March 27. 2007 Bastian: I have some minor changes to the minutes. Page I, #2, first sentence strike "are" and insert "Your cases"; Page 3-#5E, first sentence of the Motion, check to see if it should Product or Project. Bastian moves to approve the Minutes of March 27,2007 with the corrections. Seconded by Bandy. ALL AYES: MOTION CARRIES................ 50. Open Container Permit: The Eagle Volunteer Firefighters Association is requesting Council approval of an open container permit to be used at Merrill Park on June 9, 2007. (SKB) Bastian: I have a question on the Location of event, it states Reid W. Merrill Sr. park - entire park. Discussion on the location of the event and the fenced area for the designated drinking area. Guerber: I think it is in reference to the Rocky Mountain Oyster Feed which is in a fenced in area that takes in about half of the Park. Bastian: I would ask that we correct that to indicate that it would be the fenced in area of the Rocky Mountain Oyster Feed, specifically in the area for allowable open containers and replace the language with "in a designated drinking area as per the letter of March 23, 2007. Bastian moves to approve the Open Container Permit Application for the Eagle Volunteer Firefighters Association with the corrections discussed. Seconded by Guerber. ALL AYES: MOTION CARRIES................... 5N. Lakemore Park Lease Al!reement: Mayor introduces the issue and discusses the changes made to the Agreement. The revised agreement needs to be approved. Bastian moves to approve the Lakemore Park Lease Agreement presented between BW Eagle, Inc. and the City of Eagle as presented tonight with the title "Revised #5N". Seconded by Bandy. Discussion. Bastian amends the motion to add "authorize the Mayor to sign the Lease Agreement. Second concurs. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES..................... Page 3 K:\COUNCIL\f\.HNUTES\Temporary Minutes Work Area\CC-4-10-07mindoc SO. Approval oflease al!reement between EZM Distributinl! (dba: Hil!h Mountain Sno) and City of Eal!le for vendor space at Stephen C. Guerber Park. Bastian: Do we have the applicant or representative of EZM Distributing here tonight? I want just want to make a point on #9. I want it to be emphasized to EZM Distributing that we will be monitoring this provision and I hope it could be grounds for refusal to continue the Contract if they fail to do this. It is a serious issue. We have a lot of hard surface area and concrete in the park and we have spongy material under the play equipment and I am expecting that we will have quite a bit of spilled items and paper cups and debris as a result of these sales. This needs to be taken very seriously. Discussion on Item # 12 the termination clause. Discussion on the location and where the power is coming from. Bastian moves to continue this item to the April 17 , 2007 City Council meeting and invite EZM Distributing to attend and answer questions from the Council. Seconded by Guerber. ALL AYES: MOTION CARRIES................... Mayor: I noticed there was a JJ's Italian Ice backed in at Merrill Park and I don't believe they have a permit for the park, would the Clerk's Office check on this. 6. RESOLUTIONS: A. Municipal Clerks Week Proclamation: Declaring the week of April 29th through May 5t\ 2007 as municipal Clerk's Week in the City of Eagle. (SKB) Guerber moves to approve Municipal Clerks Week Proclamation declaring the week of April 29th through May 5th, 2007 as municipal Clerk's Week in the City of Eagle and further extend appreciation to our Municipal Clerk, Sharon Bergmann, and Deputy City Clerk, Tracy Osborn, for all ofthe services they provide. Seconded by Bandy. ALL AYES: MOTION CARRIES..................... 7. FINAL PLATS: A. FPUD-I-07/FP-OI-07 & FP-02-07 - Final Development Plan and Final Plat for Mosca Seca Subdivision (Lel!acv) No.1 & 2 - Idaho Development Services. LLC: Idaho Development Services, LLC, Represented by Stanley Consultants, is requesting final development plan and final plat approval for Mosca Seca Subdivision No. I, a 127-acre, 123-lot (92-buildable, 3 I-common) residential subdivision and Mosca Seca Subdivision No.2, a 5 I-acre, 162-lot (1 SO-buildable, I I -commom, I -well lot) residential subdivision. The I 78-acre site is located south of Floating Feather Road west of Linder Road. (WEV) Mayor introduces the issue. Guerber moves to continue FPUD-I-07/FP-OI-07 & FP-02-07 - Final Development Plan and Final Plat for Mosca Seca Subdivision (Legacy) No.1 & 2 - Idaho Development Services, LLC to the May 8, 2007 City Council meeting. Seconded by Bandy. ALL AYES: MOTION CARRIES...................... 8. PUBLIC HEARINGS: A. RZ-28-06 & PP-22-06 - Rezone from A-R to MU-DA and Preliminarv Plat For Svmphonv Square Subdivision - Jakobson Development. LLC: Jakobson Development, LLC, represented by John Wood, is requesting rezone from A-R (Agricultural-Residential) to MU-DA (Mixed Use with a Development Agreement) and preliminary plat approval for Symphony Square Subdivision, a 24-lot (] 9-residential and 5-common) residential subdivision. Page 4 K:\COUNCIUMINUTES\Temporary Minutes Work Area\CC-4- IO-07min doc The 6.20-acre site is located at the terminus of West Flint Road approximately 2,100 feet east of Park Lane at 339 I West Flint Drive. (WEV) Mayor introduces the issue. Mayor swears in John Wood John Wood, representing Symphony Square Subdivision, we started this process over 3 Y; years ago with a Comp Plan revision. Provides the Council an overview and history of the project. Planner Williams: John has pretty well covered most of everything that I was going to cover. just have a couple of things. Discussion of transitional density and feathering. Mayor Opens the Public Hearing Mayor swears in Joel Barker Joel Barker, 972 Cove Colony, I am representing the Colony subdivision, distributes a handout to the City Council, we are opposed to the Symphony Square Subdivision. Provides Council an overview their opposition and displays overheads and discusses the same. Discussion on the changes that they would like to see to the application. Mayor swears in Jeff Cline Jeff Kline, 569 N. Cove Colony Way, I want to reemphasize the points that Joel was making in regards to the Commercial property. We believe that the property is going to be sold. I object to using that commercial property to make density decisions. John Woods, a couple of things that I want to clarify, the property is located within 400' of a State Highway. Discusses the changes in the applications during the process. General discussion. Mayor Closes the Public Hearing General Council discussion. Guerber moves to approve RZ-28-06 & PP-22-06 - Rezone from A-R to MU-DA and Preliminary Plat For Symphony Square Subdivision - Jakobson Development, LLC as recommend by the Planning and Zoning Commission with one change that it be a 14 rather than IS lot subdivision and that the elimination of the single lot be incorporated into providing a one acre transitional lots on the East end of the subdivision. Seconded by Bastian. Discussion. Guerber amends the motion to identify 3,700 sq ft lots on the East end and that a review take place by Staff and at least one Council Member and the Mayor to ensure that when the final plat is submitted it will be appropriated designed. Second concurs. ALL AYES: MOTION CARRIES............. Bastian: I am concerned that we are following the proper procedure and process here. Discussion on what was approved with the motion. Guerber moves to withdraw his motion. Second concurs. Guerber moves to approve RZ-28-06 & PP-22-06 - Rezone from A-R to MU-DA and Preliminary Plat For Symphony Square Subdivision to include an additional stipulation that the two eastern lots be 3,700 sq ft or more, that there be a total of 14 buildable lots and that we concur with the recommendations of Planning and Zoning that this be an R3 Development as opposed to Mixed Use with a Development Agreement and that the final proposed Preliminary Plat be reviewed for approval by at least one Council Member, the Mayor and staff. Seconded by Bastian. ALL AYES: MOTION CARRIES............ Page 5 K:\CQUNClL\J\.lINUTES\Temporary Minutes Work Area\Cr -4- IO-07mindoc Mayor calls a recess at 10: 10 p.m. Mayor reconvenes the meeting at 10:25 p.m. B. ZOA-04-06 - Zoninl! Ordinance Amendment - City of Eal!le: An Ordinance of the City of Eagle, Ada County Idaho, amending Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Map", Chapter 2A "Design Review Overlay District", Chapter 6 "Planned Unit Developments", and amending Title 9, Chapter 1 "General Subdivision Provisions", Chapter 2 "Subdivision Plats And Procedures", Chapter 3 "Design Standards", Chapter 4 "Required Improvements", Chapter 5 "Special Development Subdivisions", providing a severability clause; and providing an effective date. (WEV) Mayor introduces the issue Zoning Administrator Vaughan: Provides Council an overview of the Zoning Ordinance Amendment. General discussion. Mayor Opens the Public Hearing Mayor swears in Miguel Legarreta Miguel Legarreta, representing the Building Contractors Association of Southwestern Idaho, distributes a letter addressed to the Council and discusses the same. Mayor swears in Ramon Y orgason Ramon Yorgeson, 6200 N. Meeker Place, Boise, we thank you for allowing the building community to be involved. Discussion on the price of homes and how it relates to what is required for more open space. Homeowner's Associations pay more dues when they have more open space. This may be nicer but it just gets more expensive. My concern is open space requirements. Discussion on the width of pathways. Our lots almost doubled in a year in terms of replacement. Mayor swears in Dave Y orgeson Dave Yorgeson, Capital Development, 6200 N. Meeker Place, Boise, I agree with all of the comments tonight and I appreciate the work that your staff has put into this ordinance. Miguel's points cover the comments I have heard from many builders. General discussion. Mayor swears in Shawn Nickle Shawn Nickle, 148 N. 2nd, I agree with all the comments before me. Discussion on the PUD ordinance. Discussion on set backs, open and solid fencing. General discussion. Council discussion. Bastian moves to continue ZOA-04-06 - Zoning Ordinance Amendment to the May 15, 2007 City Council meeting and leave the Public Hearing open. Seconded by Bandy. ALL AYES: MOTION CARRIES................ 9. UNFINISHED BUSINESS: A. Claims Al!ainst the City Nordstrom moves to approve the Claims Against the City. Seconded by Guerber. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES....... .... 10. NEW BUSINESS: Page 6 K:\COUNCIL\MINUTESITemporary Minutes Work Area\CC-4-10-07min.doc A. 200600274 - S-PR - Griffith Subdivision (Ada County Application): The Harrison Fund, LLC, represented by SLN Planning, Inc. is requesting preliminary plat approval for Griffith Subdivision, a 30.6-acre, six (6) lot subdivision located on the south side of Moon Valley Road. This site is located in the Eagle Area of Impact. (WEV) Mayor introduces the issue. Shawn Nickels, representing the applicant, provides Council an overview of the application. General discussion. Bastian moves to approve 200600274 - S-PR - Griffith Subdivision. Seconded by Bandy. ALL AYES: MOTION CARRIES................ B. Discussion of Guerber Park Ribbon Cuttinl! Mayor introduces the issue. Dave Milan: Discusses the ribbon cutting ceremony on May 5, 2007 at 10:00 a.m. We have reserved the Sunrise Pavilion. I I. REPORTS: Public Works Director Milan: we did approve substantial completion of Guerber Park.. We are talking about sodding and we have an estimate from Trautman's for around $11,000 to sod the whole side. We have found money in the budget and we will proceed with this. Picnic tables are scheduled to be put together this week end by the Boy Scouts. The pavilions should be up and operating this time next week. Discussion Customer's Appreciation Days this Saturday. We are going to be advertising for bids on April 16th with an opening on May 7th for the Brookwood Well House construction. We are getting the RFQ's for the Parks and Pathway Master Plan tomorrow at 2:00 and we will have a special meeting to go over these to make a short list or a selection. Discussion on shade around the playground area. Discussion on security cameras. For fitting all of the parks with security cameras the cost will be about $15,000.00. Discussion on signs posted in parks that we have a reward for anyone who turns in vandals. City Clerk/Treasurer Report: Ada County Elections will be using the Council Lobby on May 17, 18 and 21 st for absent voting. I have provided you information from The Terra Firm in regards to using the City Logo on the Chamber of Commerce's 2007 Member & Relocation Guide. General discussion. Council concurs that they will allow a one time use of the City Logo by The Terra Firm for the Chamber of Commerce's 2007 Member 7 Relocation Guide. City Attorney Report: We have been dealing with a lot of land use issues. We had a big hearing last night with M3. We have been working with staff on Development Agreements that will be coming in. Discussion on an ordinance amendment that you will be seeing next week. Zoning Administrator's Report: No report Mavor and Council's Report: Nordstrom: Reports on the Urban Renewal meeting held last week. The Sewer District is going through the process of putting their bond issue together to fund their facility and they are trying for the November election. Guerber: I went to the AIC Spring District Seminar today with the City Clerk, the Zoning Administrator, the Mayor and Dave Milan today. Discusses the program for the Healing Fields celebration. Page 7 K:\C'OUNCIL\MINUTES\Temporary Minutes Work Area\CC-4-10-07min doc Bastian: I met with Eagle Public Library Board last night. The Friends have made $2,279 from January to date on their used book sales at the Library. We discussed the Library budget. Discussion on the expansion ofthe Library. We will need to deal with the expansion issue at budget time. The reciprocal borrowing continues to grow. 32% of our books are being circulated outside our City. The Boise Library is working on ways to cut back on their contribution to the Library. The Boise Director is trying to talk everyone in becoming one Library District. Discussion on the Book Drop. Design Review has a meeting on Thursday night. The Library is going to propose mandatory dress requirements. Bandy: Reports on the Chamber of Commerce Governmental Affairs group. I participated in the Chamber's Board meeting. The Air Quality Board meeting is tomorrow. The Water Committee is meeting on the 19th. Mayor: I will do a full report for you tomorrow and e-mail to you tomorrow. I did talk to John Lodman and he would like to talk to the Council about expansion of the City Hall. We need to make a decision on where trees are planted in our Parks. This has been done on an Administrative level with a decision. Julie works with Craig from Trautman's and they decide where to plant the trees. Trautman plants the trees. When the Walker Children passes away I sent e-mails out to do that there was an offer from Dennis Baker to plant two trees in the park as a memorial. I again turned to Julie and Craig for a determination of where to plant the trees. Dennis Baker is going to pay for the trees and for the planting. The plaque would be the same type as at Heritage Park. John Pearman did not contact me, he contacted the City, and he wants to donate a tree to the City in memory of his father. If someone wants to donate a tree how are we going to deal with this issue? We need to set a policy. General discussion. Council concurs to have staff write a policy or procedure when someone requests planting a tree as a memorial. City Engineer Report: No report 12. ADJOURNMENT: Bandy moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 12:40 p.m. Respectfully submitted: ~~O_~~~ SHA ON K. BERGMANN CITY CLERK/TREASURER ................. .... ~AGLl: .... ..- O~ ....... ~'# ~ ~ .. ~ ~ ..J....' o~^r~",,, ~ ~~. .0 . ~ .. .... 4..' .. . . -~ .. : CJ I 0 .' ;:: : : . (..l , ~,. .... 0 : .. .v- ..... ~ .. c.,~ ~:""'I ,. .. I. ';7 t-."..~': ~#. ...ZC"o.,~~... $ ~.: #, n ..... G ," " .... 'l'ATE 0' -- '" ,,,, ,.".......",,' Page 8 K\CDUNCIL\J.,tINUTES\Temporary !\1inutes Work Area\('(' -4-IO-07min.doc A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE CITY HALL Page 9 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC.4-IQ-07min.doc EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET RZ-28-06 & PP -22-06 - Re/one from A -R to MU -DA and Preliminary Plat For Symphony Square Subdivision — Jakobson Development. LLC April 10, 2007 6:00 p.m. ADDRESS/ TESTIFY TELEPHONE YES/NO? PRO/CON yzo 1 /✓ Stye. W;N9 /2 ,60,5e. IO s-3.2©3-371 "`117_3 Ye s 444 - S • 1n1/t'rvRh r-'G(4(e_Db(L mo 971 Co]L- (OL0).iy c)3i-5908 \/ r12(,-,1iv I AL) e-loY/ C Cc:.LL -• I 41= Pry l / 7L# 1 t,c�j /77\ -/- Page 7 7\-/— Page 1 of 11 \COUNC•IL\A(LNDA\CCSIGNUP WPD rs EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET ZOA-04-06 - Zonin2 Ordinance Amendment - City of Ea>?Ie April 10, 2007 6:00 p.m. NAME L 1/1)'f . /Y1'? e/ ie SG rev At "g(1.1"0. --411.e 64-t hJ 0 /d L'L-( .: �_�, / J,>~I.6.4JJ&),JWJ J1Jd 2 ADDRESS/ TELEPHONE -, 4/Pca' //C%• b1, Gti4y' ti,-, O A/ I142fied: e7 -"Z. 4-2 Ai 61 »L, ///k A ) Ai ;`=moi. (// I'age 1 of 11 '.(()I \('11.':10I \'I)A`,CCSI(iNUP \VII) TESTIFY YES/NO? PRO/CON Duree Shiverick 420 North Second Street Eagle, Idaho 83616 March 11, 2007 To Whom It May Concern: This letter is in reference to the closure of North Second Street for the purpose of using a portion of the street for the Eagle Saturday Market. This was done in 2006 , without dim.. ., on with, or notification to, the residents of North Second Street. It was with considerable surprise that I found my most direct route to State Street blocked. I was even more surprised to learn that the intention was to so every Saturday for nearly half of the year. I was told by the gentleman in charge if I wanted more information I was to talk to the A.C.H,D., and the mayor of Eagle. I called the A.C.H.D. , and was told my street had been closed by a special request of the mayor, whose signature is on the paperwork involved. It was recommended that I speak to her. When I called the mayors office, I was told the mayor claimed to have no involvement in this matter, was not speaking to anyone on the subject, and was given a number to call the Eagle Commission on the Arts. I called the number given me, expressed my opinion, wanted to know how the closure had been decided upon, why there had been no discussion with the residents of Second Street, or even the courtesy of notification of the residents affected . I was told I needed to speak to one of the commissioners, and one would be calling me. No such call was forthcoming. I called, once more; the number I had been given, leaving a message on an answering machine that I had still not been contacted by a commissioner. I am still waiting, months later, for such a call. 1 am not the only resident of Second Street who has gone through this run-around process, or who has been informed that the closure does not inconvenience me. I have not, however, been told that on Saturdays, I could not park in front of my house, had my driveway blocked by vendors or shoppers, as others have. On several occasions, forgetting the market was blocking the most direct route to my house, I have nearly run my car through the market. I am not alone in this, either, or in having to do a three point turn when encountering the market on my way to State Street, as Idaho Street is also blocked by the market. On more than one occasion, one neighbor had to do what was more of an eight point turn with his truck, while pulling his boat. It is also of considerable concern to many of us, that the most direct route to be taken by emergency vehicles is blocked. There is an elderly couple on our street to which the EMT unit responds on a fairly regular basis. All emergency vehicles work very hard at shaving seconds from response times, because seconds count. Any such vehicle attempting to turn down Second Street on a Saturday Market day will find their response time more added to by minutes, rather than seconds. Perhaps if we are not considered important enough to be consulted prior to decisions being made concerning the closure of our street, or to have our questions answered as to how this decision was made. we are �,S 7. rte, • 7 • s Ci+�t., ... ._I c•..ri`•7 r.': ,l:s .�.1 t'.• -1 •i! ' � Vii. •. ✓... .,_ !'. ti ;` • 011: ..i �:-.f�J•� ii1.•.� .'i .f I:i��l,Jl !f! _i.. '{. t•':. ..t _ .)� lt! �i1.1 l.' s�(:": .� :i i ..�'.?.! ". ..1:( �.� i•'{ j -. ,1'C !i•1t 7'.'J:: Jam•'`, .•'? 7• !•'3T !.F -r 7: t.,.; [f• .•.: Y ;�• f �-i` :Cr -7. f 1'!':{.. . j �•,., .i 1 .l:_ gi .. .'I.:i(.r��:. ,. .. ,tl.. r:: a'. ._: i :fry. �1 .i.7� •.��-j U..-('ti�: i• �, :l i?3 •.�• • } C�(_1f_..SL': 'i/`�; i •tet f _. 'CS}i:i%t :7 :!-. .t' i.'i:,�t .'1'.. 'f �:',. :1:") .''..i ..,.�•!'. :_ '1 t..r:t:a.� 1 1 i'}) (:�'it:�.: i- Ztl�.�t''.i'• .+ ..��.! ,. .tti�t:,7-".. ,, t' �� �..� .,r Vii. 'fT' 1'!1 S` `: .-•i ! -••,L "11:i" r:l ' t,' Af L`; t ri ...ta., .t' `./ >t .,..t ...y :}..•1 _ l' ?: ._.., ''1', .':lj v.:01• :;1:7:.-•} .- iJ-:111_.',.I :Iil;it t •.'i;r. • )1... :!...., .10 _. •.t'c. -.i'.) t.13�},/:' Mil,':. iS.�.-Ci... .. r: (•.1::�t •�i `iL' ' �S'__. :'irI .t::.Jt• .. 1�� • : '-i:•f'! ;! J :.._:. ±:. -. (f.':(}•,_'11i1:, y .!> ti.,'?:.: :�(�i !��:I:S�•_ �t3 �'1.. _J if_'!��:. ���1.. ..;}.i?1 2�'� �'. .-`J_.-, .•r17 .i'_7t. •i11'.. 10•' 1':t ..:11, • -r '. »•(F ..+ ��•I'....': � , l.'., j�i:i - .:.) 1 .a •i .•;!. t. . ',i:. '�.l'!7. •j !•. I s :i` -1 '.. '. `. ..��i .•2 .1')1; ,. 7*2•t: • (�. `2•r'i:i r. .. �.. '' -% ~i :f _::llt:.� .7:.' �;: �i ('1 •:i[ blit •. .._ •f `+. t_ ... - - - f; \.'i .1 't:.•: �'�i ''� 'r 7t • ii>_ .S. •t••.. r';: .rte ft"�, L1•-,).:.. ..i .. �i. •. i...,i t�.:� .'.ice_. ..�! ., l ii :i ,ti•: ,..__ •lif .i.. _..':1i•it -1 _.r _,...:•f: •., _. 7");•1';i,. .if•, '• ' ��.•. - :('i•- i.• '.0 1 t.tr• �T.1;� .. �}.(.,LI .1i •?*1' •+.i.: ?'. ... i• ia. • 'lc , • ...i0. J- rpr'.i ij.,� ••7e:.. ..t!' wL: •i•�!'�,•. :�'. ..:5•t ('..'•i ,� v:.•b 3✓'•.._.: t. r •i:i . i. • �:.. :ii }._ ii: .1'S'. �, :; •? • .[?,:j;.. .>.J" ;i:,•_ _ -lili i. iti: • .! Jf i_: > 'mit :!., Vit, -. ,.. .tJi ..7�t7.2{�. .�~.....:t t' ,!!I,1_ .. ...... .•>..> . .;> �L•'\:.) .J~t 0 .-.. �`i,-- .... .:) t. �). _ .:.✓..lc il: •..li)i Y1 �1: .• .lt. .'I :il .. J.�il:l..i. also not important enough to have tire trucks and E.M.T units arrive in an expedient manner I strongly urge anyone involved in the decision of where to hold the Eagle Saturday Market to consider a different location. Personally, I am opposed to any public streets being closed for any reason other than repairs, or the Eagle Fun Day Parade. May I suggest that the parking lot of the new City Hall would still be easily accessible to the public, and visible from State Street? Sincerely, Page 1 of 2 Sharon Bergmann From: DONNA K GUERBER [dsguerber@msn.com] Sent: Friday, April 06, 2007 8:51 AM To: Theresa Verschuren; City Council Grp Cc: Tracy Osborn; Sheri Horton; Sharon Bergmann Subject: RE: FW: Bicycle Race in Eagle - July 8 Would you also check with our velodrome folks to make sure this isn't a conflict with the international cycling event they had been planning for Eagle also? I think they were looking at doing something at the end of June, but perhaps they should also be made aware of this other bike race. They probably know Mr. Padaca and can provide assurance that this is a legitimate proposal (just to be sure there are no problems). STEVE GUERBER From: 'Theresa Verschuren" <tvershuren@cityofeagle.org> To: "City Council Grp" <CllyCouncllGrp@cityofeag/e.org> CC: 'Tracy Osborn" <tosborn@cityofeag/e.org>,'Sheri Horton" cshorton icityofeag/e.org>,'Sharon Bergmann" <sbergmann@cityofeag/e.org> Subject: FW• Bicycle Race in Eagle - July 8 Date: Thu, S Apr 2007 19:28:26 -0600 Mayor and Council, We have received an event request for a bicycle race in Eagle River on July 8th. Please see the details in the email below. I have talked with Chuck Carlise regarding his thoughts on this event, and he said that with Council's blessing he thought the event would be fine because it's on a Saturday and most business are closed. Chuck would require Mr. Padaca to provide a Certificate of Insurance and a $i,000 refundable deposit. The City would request that access into and out of Merrill Park is to remain open for public use during their event. With your okay, I will refer Mr. Padaca to Eagle River Management, ACHD, Eagle Chamber, and Ada County Sheriffs Office to plan their event. Theresa From: Team Dobbiaco Board of Directors[mailto:dobbiacoboard@cableone.net] To: eaglecity; Theresa Verschuren Subject: Bicycle Race in Eagle - July 8 Importance: High Hello, My name is Vernon F. Padaca and I am the president of Team Dobbiaco Cycling & Multisport. We are promoting the largest bicycle stage race in the State of Idaho in July. The total prize purse is in excess of $10,000 and will draw bicycle riders from Montana, Utah, Oregon & Washington. We are hoping to have Stage 3 (which is a Criterium, similar to what downtown Boise has) in the Eagle business park near Reid M Merrill Community Park. We have done a preliminary walk down of the roads there and there will be little impact to businesses and the park. I wanted to find out who in the City I can begin talking to about getting the appropriate permits filled out and any approvals necessary? We anticipate well over 200 bicycle racers, both local and regional. Stage 3 will bring tremendous business to the local merchants such as the Bar de Nay which is located right where we hope to have the race. I believe this will bring a nice clean sporting event to the City of Eagle. I really look forward to talking to someone about this event. 4/6/2007 Page 2 of 2 I can be reached via this e-mail or by cell phone at 208-412-3527. Cheers! Vernon F. Padaca President — Team Dobbiaco Cycling and Multisport www.teamdobbiaco.com Mortgage rates near historic lows. Refinance $200.000 loan for as low as $771/month* 4/6/2007 Page 1 of 2 Sharon Bergmann From: Scott Nordstrom [snordstrom@fiberpipe.net] Sent: Friday, April 06, 2007 7:32 AM To: Theresa Verschuren; City Council Grp Cc: Tracy Osborn; Sheri Horton; Sharon Bergmann; Michael Echeita Subject: RE: Bicycle Race in Eagle - July 8 Sounds like a great event. What does the city require for cleanup and other misc. costs. Do we have a deposit that would cover this size event? Can we get Mike C and others to Council on Tuesday for a short explanation. Scott Scott Nordstrom Nordstrom Machinery Corp 208 938 0953 snordstrom@fibernine.net Nordstrom Machinery Corp is a worldwide mining and construction equipment company, providing solutions to our clients. We focus on mineral mining, aggregate production, and larger civil projects. Services include: Individual and fleet purchases, selling and buying on behalf of our customer, as well as appraisal and consultation services. "We provide equipment solutions" From: Theresa Verschuren [mailto:tvershuren@cityofeagle.org] Sent: Thursday, April 05, 2007 7:28 PM To: City Council Grp Cc: Tracy Osborn; Sheri Horton; Sharon Bergmann Subject: FW: Bicycle Race in Eagle - July 8 Importance: High Mayor and Council, We have received an event request for a bicycle race in Eagle River on July 8th. Please see the details in the email below. I have talked with Chuck Carlise regarding his thoughts on this event, and he said that with Council's blessing he thought the event would be fine because it's on a Saturday and most business are closed. Chuck would require Mr. Padaca to provide a Certificate of Insurance and a $1,000 refundable deposit. The City would request that access into and out of Merrill Park is to remain open for public use during their event. With your okay, I will refer Mr. Padaca to Eagle River Management, ACHD, Eagle Chamber, and Ada County Sheriff's Office to plan their event. Theresa From: Team Dobbiaco Board of Directors [mailto:dobbiacoboard@cableone.net] To: eaglecity; Theresa Verschuren Subject: Bicycle Race in Eagle - July 8 Importance: High Hello, My name is Vernon F. Padaca and I am the president of Team Dobbiaco Cycling & Multisport. We are promoting the largest bicycle stage race 4/6/2007 City Council Review Sym 3 pony Square Subdivision April 10, 2007 Colony Concerns • Conformity • Continuity • Density • Mixed Use Designation 6.4C.1 Uses "Flint Drive shall be preserved primarily as a residential street while properties abutting State Street should include a mix of residential uses, limited retail and office uses that promote trip capturing." 6.4C.2 Design Flint Estates Area: "Transitional residential densities and design elements (berms, fences, etc.) should be used to provide buffering to residential areas to the east and north of the mixed use area." B. Justification of a Development Agreement; A development agreement will be submitted to ensure the property is developed in a manner that protects adjacent property owners and assures that the project will be developed as proposed. It is necessary to provide a transition between the 1 -acre lots within Colony Subdivision and the mixed-use retail zone along State Street. A development agreement allows the City of Eagle more control in how this transition is accomplished, and allows the developer to create lots less than the 10,000 S.F. minimum for R-3 lots, to maintain an overall density of 3 homes/acre. To maintain an overall density of 3 homes/acre it is necessary to offset the large lots adjacent the Colony Subdivision with lots less than the 10,000 S.F. minimum. Along the east side, Symphony Square Subdivision matches nearly pin -to -pin the lots within Colony Subdivision. C. How does the Proposed Rezone relate to the Comprehensive Plan? The proposed rezone is in harmony with the City of Eagle Soaring 2025 Plan (sub plan to the Eagle 2000 Comprehensive Plan) that designates this property Transitional Residential. Rezoning this property to R-3 with a development agreement allows the developer to create a transitional residential neighborhood. 6.4C.1 Uses "The land use for the properties north of Flint Estates and extending to Floating Feather Road is Transitional Residential to ensure compatible residential lot sizing adjacent to Colony Subdivision. Extending from east to west, ensuring compatibility with the 1 acre lots in Colony Subdivision, densities in this area will increase to maximum of 6-3 units per acre near Eagle High School." Note, that the area described north of Flint Estates is the proposed Spur Ranch Subdivision. The subject property is located within Flint Estates. Regardless, the proposed lot layout provides some transition along the Colony Subdivision by closely matching pin -to -pin along the east property line. The proposed lot layout of 3 houses along the east boundary matches the "density" of 3 existing houses along the Colony Subdivision border in that area. Page 2 H.I0520!WWPfdcs'Ptcliminary PtttlRezone 8 Pre-ptra Appti *tionnD62G$.Prclirinary Plat kstiftcationdoc 66 EAGLE CITY COUNCIL MEETING - 09/07/2004 1 MAYOR MERRILL: Thank you. 2 Okay, Council. Anything from staff 3 additional on this area? Then we'll look for 4 Council for discussion. 5 UNIDENTIFIED MALE SPEAKER: Mayor, if I 6 may go first. 7 MAYOR MERRILL: Yes. 8 UNIDENTIFIED MALE SPEAKER: I think 9 that the resolution of the previous matter before 10 the Council with a transition from a highest 11 density of three acres -- three houses per acre 12 transitioning to one house per acre next to The 13 Colony makes sense. I would like to have that 14 same density opportunity here in the community 15 that would be just north of the area we approved 16 with three houses per acre as the maximum density 17 transitioning to one house per acre near The 18 Colony on the east of that property. 19 I think that that would provide 20 sufficient opportunity to vary house sizes, and 21 enable a developer to provide amenities that 22 would be needed in this kind of a development. I 23 think it would work. 24 MAYOR MERRILL: Is that motion. 25 UNIDENTIFIED MALE SPEAKER: That's not M & M COURT REPORTING SERVICE, INC. - (208) 345-9611 22 EAGLE CITY COUNCIL MEETING - 09/07/2004 1 I love this. You make everybody mad. 2 Madam Mayor, I move that we approve 3 CPA-3-03RZ-803 with the following modifications: 4 That the mix -use designation stay only along the 5 streets that front -- only along the lots that 6 front State/Highway 44 and the ones as depicted 7 on Exhibit, I believe, B along Park Road. That 8 the overall density not exceed two -units per acre 9 in the mix -use designation. 10 If the assisted living center goes 11 away, it would be a transitional density not to 12 exceed an overall of two -per acre, but one -acre 13 lots against The Colony. 14 And the Development Agreement, the 15 prohibited uses would include banks, financial 16 institutions with drive -up services and the flex 17 space. That 2.9 be stricken. And I'm not going 18 to try and keep track of the numbers, so help me 19 out here. 20 That the condition listed as 2.13, that 21 the last sentence be stricken. It will state, 22 Lot 6, Block 2 shall be permitted to be developed 23 or -- excuse me -- I don't want that there, 24 because Lot 6, Block 2 is the one that sits up in 25 the -- that the musical arts school must be in M & M COURT REPORTING SERVICE, INC. - (208) 345-9611 39 EAGLE CITY COUNCIL MEETING - 09/07/2004 1 which was something else I wasn't increasing the 2 number of people in this city. 3 And I think, I'm not real crazy about 4 the half acres. And I certainly can't go with 5 the 4.8 no matter what happens. I think that a 6 compromise is the three. And I don't want to 7 lose the Rivendell. I think that that is going 8 to be a beautiful addition. And as far as 9 property values, it will increase property values 10 for any property that lives along there. 11 So, you know, I agree that we should 12 try to keep the Rivendell. I guess the vote is 13 two to two with the half -acre lots is what we're 14 looking at. And I would vote nay on that. 15 Which brings us back to another vote 16 for denial at this point. The City attorney. 17 (City attorney inaudible.) 18 MAYOR MERRILL: So then at this point, 19 if there were another motion made it could not 20 happen at this point? 21 MR. NORDSTROM: No, it can. 22 MR. GUERBER: It should, or it dies 23 without a decision. 24 MAYOR MERRILL: All right. 25 MR. GUERBER: So I'll make it. I'm M & M COURT REPORTING SERVICE, INC. - (208) 345-9611 40 EAGLE CITY COUNCIL MEETING - 09/07/2004 1 going to basically propose the same thing that 2 Council Woman Sedlacek had proposed changing two 3 items: The first being allowing the density of 4 up to three lots per acre, and the other being 5 allowing the Rivendell as proposed, including 6 the -- what is that goofy L -shape piece north 7 of -- 8 MAYOR MERRILL: Lot 6, Block 2, the 9 assisted living. 10 MR. GUERBER: And follow her motion in 11 regard to the assisted living center limitations. 12 The sidewalk, curb and gutters, the 40 -foot 13 setback from Highway 44, and striking the line, 14 the second line in 2.13, and the limitations on 15 bank and financial institutions. 16 MS. SEDLACEK: And the one-story for -- 17 MR. GUERBER: Yes, and the one-story, 18 which I think I mentioned the wording in regard 19 to the assisted living center being one-story. 20 (City attorney inaudible.) 21 MR. GUERBER: That the development 22 would be in substantial conformance with the 23 Comprehensive Plan in regard to transition and 24 concept. 25 UNIDENTIFIED MALE SPEAKER: Second. M & M COURT REPORTING SERVICE, INC. - (208) 345-9611 41 EAGLE CITY COUNCIL MEETING - 09/07/2004 1 MAYOR MERRILL: Discussion, Scott. 2 MR. NORDSTROM: So under a designation 3 like that, how do you see the lots feathering 4 both ways from Park Lane to the border of The 5 Colony. 6 MR. GUERBER: I see it transitioning 7 the same way Lynn explained it, with one acres 8 adjacent to The Colony, and halves between this 9 and the three -per acre ones -- 10 MR. NORDSTROM: Are we concentrating -- 11 MR. GUERBER: -- In this area. And 12 actually this motion doesn't affect what happens, 13 I guess, in the rest of the area, because we are 14 going to look at that later on when we really 15 designate what's going to happen to that area, at 16 least that's my understanding. We're just 17 speaking to what happens to only those two 18 particular lots that are being developed that are 19 in this proposal. 20 MAYOR MERRILL: Let's make sure it gets 21 out to all of the affected parties that might be 22 the best way to do that. We would love to be 23 able to work with the homeowners' association 24 presidents of each of these subdivisions. We're 25 trying to get them registered, and get them in M & M COURT REPORTING SERVICE, INC. - (208) 345-9611 2007 CITY OF EAGLE COMPREHENSIVE PLAN the property owner may request that the parcel be included in the AOI in the future. The City of Eagle recognizes the need to provide mass transit on regional roadway networks throughout the Treasure Valley. The expansion of commercial use in the Chinden corridor continues to support the development of a regional mass transit system 6.8.2 Park Lane Planning Area The Park Lane Planning Area is designated as mixed use combining community commercial, professional office, and a variety of residential densities. The vision for the area is to recognize the activity center created by Eagle High School and existing development approved by Ada County and to provide compatible land uses at densities that accommodate pedestrian scale design and future mass transit. a. Uses The land use and development policies specific to the Park Lane Planning Area include the following: 1. Parcel specific community commercial shall be allowed at the NE and SW corners of Linder Road and State Highway 44 as designated in the 2000 Comprehensive Plan. 2. The area located along Old Valley Road should be a mixture of residential and Professional Office with Limited Service Commercial. All uses along Old Valley should be designed to be oriented to take access from Old Valley Road and to encourage pedestrian movement through the area. 3. Flint Drive shall be preserved primarily as a residential street while properties abutting State Street should include a mix of residential uses, limited retail and office uses that promote trip capturing. 4. The roadway network along State Street east of Park Lane should be designed to provide internal circulation with no individual lot access to State Street. A cross access agreement with limited access points at Park Lane and at State Street, in alignment with the future Eagle Island State Park entrance, is necessary to provide access to the retail uses. 5. The land uses for the properties north of Flint Estates and extending to Floating Feather Road is Transitional Residential to ensure compatible residential lot sizing adjacent to the Colony Subdivision. Extending east to west, ensuring compatibility with the 1 acre lots in the Colony Subdivision, densities in the area will increase to a maximum of 3 units per acre near the high school. 6. The area located on the northwest corner of State Highway 44 and Park Lane is designated Mixed Use for the southern 17 -acres, transitioning to residential, Page 43 of 102 52 EAGLE CITY COUNCIL MEETING - 01/16/2007 1 one -acre homes next to The Colony even in that 2 area. And I do understand we need to mix that 3 up. But there definitely needs to be significant 4 buffering or one -acre lots next to The Colony 5 even in that southern area, as I read this. 6 MAYOR MERRILL: Right. 7 MR. BARKER: So in trying to make sure 8 we have that direction. 9 MR. BASTIAN: That's correct. I 10 understand we need one -acre lots and significant 11 buffering. Such that if you live in that home in 12 The Colony, you are going to like the effect, 13 because you are going to have some significant 14 buffering, landscaping that will protect you from 15 the commercial activity, or you are going to 16 have a one -acre lot, which is similar to the one 17 you have. 18 MR. WOOD: And to clarify that one more 19 time. It would be not to have commercial buffer. 20 It would be housing -- 21 MR. BASTIAN: It could be the housing. 22 MR. WOOD: Right, if there is 23 housing -- 24 MR. BASTIAN: There should be some 25 buffer -- M & M COURT REPORTING SERVICE, INC. - (208) 345-9611 AAA \ :3 At,••••••+r. J• 3, I...., .4, k,`, ,ItC! 11. U3iItAtTd t,••••• Cs COMMAS NUM WING Vali x ROSS13:1334 cfno. Va4te,•4 CA 0 WRAY WHOM ,EL y c--_-_-_. -,s . , . 1 I 1 i L ! 1 HI • 1 -- -±4 i[ I ; • - - •-• P ; flftij • III 11 • I to ;-• z• • \ PRELIMINARY LAYOUT SYMPHONY SQUARE SUBDIVISION . I, 4•-• : X\\.C7Nt • t...: Z.•$.,\\\\\•;...%,, .,. .,,,,':•.. t'..::. ....' k..„.. k's\'''Z \\XV•• Ns• A • .. • TOOTHMAN-ORTON ENGINEERING COMPANY , CONSUMING ENGIMEEFIS, SURVEYORS AND PLANNERS D,Il SPANN MASAI. 001CI tL 0.5(..1)...0 1)04-2331 000 Peo,i( 1701 113-1412 lea 1704) 1:3-731, MKS ..0.,(Ft.CMC a4..Votel ".; rTzt,7-1: 6.w 17-71— xis" r ay. 9416 Vs:.3/4.L1P. %nu. 28 EAGLE CITY COUNCIL MEETING - 09/07/2004 1 it is that they are going to do. 2 So I think we're going to see this 3 transition to something that's going to look 4 different than this. And I think we need to make 5 decisions that look into the of future what's 6 ultimately going to happen. And what to do now 7 that is going to ultimately make sense later on, 8 but maybe doesn't in the minds of some people at 9 this point in time. 10 As I said, I think the densities on the 11 townhouses are higher than I would like to see. 12 I think at the same time, half -acre townhouses 13 don't make a whole lot of sense to me, I guess. 14 I mean, go all the way over to, you know, 15 two -units per acre from the proposed 4.8 goes to 16 the other end of the spectrum, I guess, in my 17 mind. And I'm thinking that a three or point 18 two, or something 3.2165 would be something that 19 I would feel, I guess, more comfortable with. 20 I think the fact that this is a half 21 mile away from The Colony, for example, which is 22 what we've heard about primarily, people in The 23 Colony aren't going to see this development on 24 Park Lane from the standpoint of visual impact on 25 them and things. M & M COURT REPORTING SERVICE, INC. - (208) 345-9611 29 EAGLE CITY COUNCIL MEETING - 09/07/2004 1 And when we look at what's being 2 proposed in the Comprehensive Plan, we're looking 3 at higher densities on the other side of Park 4 Lane. So going into that transition, I guess, 5 doesn't bother me at this point in time, I guess, 6 as far as this proposal. 7 And I guess to a certain extent, yeah, 8 we've got somebody holding a gun to our heads 9 saying if we can't have adequate densities, then 10 the school doesn't take place. But I think if we 11 had the capability of being able to make 12 decisions about what ought to be happening in 13 Eagle, and we didn't have to, you know, look at 14 the economics of it, it would be a whole lot 15 easier. 16 But I think in this case, we do look at 17 some trade-offs, and say, you know, the proposal 18 here puts an isolated area away from where 19 everybody is right now by a half mile. And in 20 return for allowing this higher density in an 21 area that I think is going to develop with some 22 higher densities in commercial and those kinds of 23 things, that's a better spot than something down 24 in the middle of an area that may have one -acre 25 lots all around it, or something like that. M & M COURT REPORTING SERVICE, INC. - (208) 345-9611 )X1.9 Sit .7.1,,sikt G /1•01.+1, E/G.t4i,,G asr, 4:74%,..41111....!..IS! WOIE.,-.J.:3 stiltsEs1 Le SS EN,SIS ErG,CILG VSC.Ff. *SIGN MGM., ISSIISKS.CrENOr94GIriISSCSI., .041,10 A .‘• -' .)..., k 1 .• 1 4 'I 1 \ . 'I LL!HILLTh1. r/// •I et 1-1,. 1,• i L: \ • • , , • . 4'.•.,..‘• • . . PRELIMINARY LAYOUT SYMPHONY SQUARE SUBDIVISION TOOTRMAN—ORTON ENGINEERING COMPANY CONSUSTNG ENGINEERS. SURVEYORS MO PLANNERS 177/ 00001 101.4.0.0 WU. 0.0 OW - 9.04 (/010 - 1. rm. MOO 01.1.73111 3379.994 CMatU. 4494 dM1,c 0.0 TI -00 •60,0 .....9416 owes.] Colony Recommendation • 1) Deny the application currently before the Council, • 2) Request that the developer wait until after the commercial development plan is officially approved to submit any plan which would include lot sizes of less than one acre, Colony Recommendation • 3) Provide direction that once the commercial development is approved, any subdivision plan should include one acre lots (with adequate depth and buffering) along the north and east borders, and a reasonable transition as the development moves further south and west, with an overall density not to exceed 1.5 units per acre. • 4) Request that any future application be submitted under regular residential designation, not mixed use. INTER OFFICE City of Eagle Zoning Administration To: Mayor Merrill and City Council Members From: Michael Williams, PCED, Planner II Subject: RZ-28-06 & PP -22-06 — Jakobson Development, LLC, represented by John Wood, is requesting rezone from A -R (Agricultural -Residential) to R -3 -DA (Residential -up to three units per acre with a development agreement) and preliminary plat approval for Symphony Square Subdivision. Date: April 10, 2007 Attachment(s): Copy of Planning and Zoning Commission Minutes for March 5, 2007, hearing Correspondence from Jack Lichens date stamped by the City on April 6, 2007 Correspondence from Walter and Rosemarie Hess date stamped by the City on April 6, 2007 Correspondence from Todd Lutz date stamped by the City on April 9, 2007 Correspondence from Rich and Sharon Pennington date stamped by the City on April 9, 2007 Correspondence from Ken Croff date stamped by the City on April 10, 2007 Correspondence from Deone Croff date stamped by the City on April 10, 2007 Copy To: John Wood, 3390 W. Flint Drive, Eagle, ID 83616 Page 1 of 1 K:1Planning Dept\Eagle Applications'SUBS120061.Symphony Square me4.doc THE CITY OF EAGLE PLANNING & ZONING COMMISSION MINUTES 660 E. Civic Lane March 5, 2007 6:30 P.M. 1. CALL TO ORDER: Meeting called to order at 6:35 p.m. 2. ROLL CALL: Present: FELIX, ZASTROW, PIERCE, ASPITARTE, McCARREL 3. 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 Chairman, a Commissioner, 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 Rules of Order. • Any item on the Consent Agenda that contains written recommendations from the City of Eagle shall be adopted as part of the Planning & Zoning Commission's Consent Agenda approval motion unless specifically stated otherwise. A. Minutes of February 26, 2007. Zastrow moves to approve the Consent Agenda as written including the Minutes of February 26, 2007. Seconded by McCarrel. ALL AYES...MOTION CARRIES. 4. PUBLIC HEARINGS: A. ZOA-04-06 - Zoning Ordinance Amendment - City of Eagle: An Ordinance of the City of Eagle, Ada County Idaho, amending Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Map", Chapter 2A "Design Review Overlay District", Chapter 6 "Planned Unit Developments", and amending Title 9, Chapter 1 "General Subdivision Provisions", Chapter 2 "Subdivision Plats And Procedures", Chapter 3 "Design Standards", Chapter 4 "Required Improvements", Chapter 5 "Special Development Subdivisions", providing a severability clause; and providing an effective date. This item was continued from the February 5, 2007 meeting. Pierce introduces the item. Bill Vaughan, Zoning Administrator, discusses analysis done since the meeting on February 5, 2007. This item is still open for public testimony. Gives overview of the Open Space Comparative Study. Stands for questions from the Commission. The public hearing is still open from the February 5, 2007 meeting. Miguel Legarretta, BCA, 6206 N. Discovery Way. Discusses value of open space and consideration of types of terrain. Reiterates concerns from previous testimony. Would like see a "standard" subdivision kept on the books. Talks about open space percentage and still unclear about PUD. Believes there could be an allowance for open space and that trails and pathways do not go above 6 feet. General discussion regarding fencing. Don Knickram, 1403 Mace Road. Gives overview of his background and the projects he has done in Eagle, Cottonwood Creek and Westover Lakes. Discusses flexibility for open space requirements for different projects. Discusses Commissioner Aspitarte's questions regarding active open space and economics. Discusses the definition of gross density. Does not believe that the floodway should not be counted as open space. Make sure to leave the flexibility to vary open space requirements. Feels sidewalks should be counted as connective paths. Discusses development density vs. common area open space. Page 1 of 3 K:W&ZWIINUrESITernporary Minutes Work AreaTZ-03-OS-07MIN.doc Commissioner Aspitarte asks about Paddy Row and Bill Clark's project on Crescent Rim. Asks about floodway and how that could be used as usable open space. Bill Vaughan discusses density and open spaces in the floodway area. Barry Tepella, 3676 Harbor Lane. Discusses aesthetic value and active and passive open space. Issues regarding lot sizes and setbacks. Discusses fencing materials and privacy. Discusses trails and pathways and what is considered active open space. Reads the definition of the of Planned Unit Development. One of the builders in Winding Creek. Aspitarte asks about irrigation pathways. Irrigation Companies usually has easements. Discussion of multiple owners. Dave Yorgason, Capital Development. Agrees with everything that has been said. Discusses location of the open space. Believes that open space should be in front. Discusses fencing alternatives and irrigation district easement areas. Would like some clarification of the minimum lot size formula. Bill Vaughan discusses language for ownership. Paul Fitzer discusses provisions of ownership. Bill Vaughan rebuts testimony and stands for questions from the Commission. Commissioner Pierce comments that we have a new Commissioner and asks for explanation of the PUD requirements. Pierce asks about open space requirements. Open space requirements start in R-2 zone. Pierce discusses work force housing and asks Mr. Knickerham for suggestions. Mr. Knickerham discusses economic reality. Discusses possibility of work force housing in the Parkinson area. Zastrow asks about mandating the PUD and flexibility of developments. Discussion of Commission and Council discretion for the ordinance. Discussion on Mixed Use areas and open space. General discussion on fencing. Discussion on pathways and trails/pathways along irrigation canals. Pierce closes the public hearing. Aspitarte moves to continue ZOA-04-06 - Zoning Ordinance Amendment - City of Eagle to March 19th with the idea that the P&Z Commissioners will get points of recommendations for the Council to Bill Vaughan. Seconded by Zastrow. ALL AYES...MOTION CARRIES. A short recess is called. Meeting is called back to order at 8:28 p.m. B. RZ-28-06 & PP -22-06 - Rezone from A -R to MU -DA and Preliminary Plat For Symphony Sauare Subdivision — Jakobson Development, LLC: Jakobson Development, LLC, represented by John Wood, is requesting rezone from A -R (Agricultural -Residential) to MU -DA (Mixed Use with a Development Agreement) and preliminary plat approval for Symphony Square Subdivision, a 24 lot (19 -residential and 5 -common) residential subdivision. The 6.20 -acre site is located at the terminus of West Flint Road approximately 2,100 feet east of Park Lane at 3391 West Flint Drive. Pierce introduces the item. John Wood, 3390 Flint Drive, gives overview of the application. Mike Williams, City Planner, reviews the staff report and is recommending denial of the application. If application were to be approved, there is some language in the staff report. Stands for questions from the Commission. Pierce opens the public hearing. Drew Deichmann, 407 Cove Colony Way. Has concerns about lot sizes and transition. Discusses the berm idea and expresses concerns. Commissioner McCarrel asks about attendance at the homeowners meeting. There were 6 families represented. Page 2 of 3 K:1P&ZIMINUfESTcmporsry Minutes Work McaTZ-03-0S-07MIN.doc Joel Barker, 972 Cove Colony. Discusses lot sizes next to the Colony and transcripts from a meeting held on September, 2004. Has had dialogue with the Council regarding the properties in the area. Says the Mayor and Council agreed that there should be 1 acre lots next to the Colony. Presents a concept plan with less lots — from 19 to 11. John Wood rebuts testimony. The Comprehensive Plan states North of Flint Estates. Presents some alternatives to the original proposal. Commissioner Pierce asks Mike Williams about R-3 zoning and feathering. General discussion on transition and zoning. Paul Fitzer discusses that new maps presented and the public hearing should not be closed. Commissioner Pierce asks if anyone from the public would like to testify about the new submittal. No one from the public chooses to speak. Pierce closes the public hearing. Discussion amongst the Commission. Zastrow moves to continue to RZ-28-06 & PP -22-06 asking for a compromise on lot sizes -and transitioning from the Colony with adequate sized lots on the east and transitioning to the west with lots that are compatible but still usable somewhere between 11 and 18 lots and incorporate some kind of pathway that connects north and south per the City's comments to the March 19, 2007 meeting. Seconded by Aspitarte. Zastrow amends motion to have applicant submit revised plat by the end of this week. Second concurs. °ALL AYES—MOTION CARRIES. 5. REPORTS: A. Commission: B. City Attorney: C. Staff: Bill Vaughan Introduces David Alvord, the new City Planner. 6. ADJOURNMENT: McCarrel moves to adjourn. Seconded by Zastrow. ALL AYES...MOTION CARRIES. Hearing no further business the Planning & Zoning Commission meeting adjourned at 9:53 p.m. RESPECTFULLY SUBMITTED: (1-4—t Q . SHARdN K. BERGMANN CITY CLERK/TREASURER APPROVED: or'ti :;ti S(1:: EAL 4, 04 • .�•oRP �v � OF ••iii;'• tt// A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL. Page 3 of 3 K:1P&Z'MINUTES1Temporary Minutes Work Area%PZ-03-05-07MIN.doc April 06, 2007 City of Eagle Mayor and City Council 160 East Civic Lane Eagle, Idaho 83616 To the Mayor and City Council: RECEIVED & FILED CITY OF EAGLE APR 0 6 2007 File: v. Tor• • Route tn. `� I am enclosing a memorandum from our Home Owner's Board concerning the development next to the Colony Subdivision. It addresses all of the issues with the three proposed subdivisions west of Cove Colony Way, and is in concurrence with the way I believe. I trust that you can approve one overall plan that will incorporate all of the residential property up to Floatingfeather into one subdivision plan that would compliment the Timberland, Redwood and Colony Subdivisions ' � s ,O,\,,,e2--77_,,<-----*A2:---) ;Very truly yours;" Jack Lichens Z/// 2426 N. Cove Colony Way Eagle, Idaho 83616 ;PP OCC100.1 ..1;.jxaxo.O .__;_{ Ft)Lte to. fbNa 7T1¢tW1 n RFCEIVED & FILED CITY OF EAGLE CSC 2 0 2006 MON-Y-. ARE SUBDIVISION ..41 fir (1) . -7/ t1Rlf zi THE COLONY SUB Hfl-1Pi t1f1t, 017010.101.0 0 .� ' 1 i v - It. ;2�; > is 1"Mane 1.7 _. I1 ff i -- 41 1 t 1 �jL , •: 1 1 r 1 i;;-``�l��J t f '.; 1111 •?' '� /•I 1. ( -511: • I C -1I• :� C. fj: , ; • i tom,: .71. . ^1.1Y 71,1457 PRELI 1 GLE, ID ARY PLAT DECEMBER, 2006 LEGAL DESCRIPTION RESUBDIVISION OF LOT 7 BLOCK 2 OF AMENDED PLAT OF FONT ESTATES. 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I CURVE TABLE NOUS 0QTA 1-00:04 110070 MAO ''• _ - •1f c1• 71/.: 1 "1.1 .. .•.11.'17[1.? i@' •0111♦15S:TIt :' Acts nir r.H 1564 Ci tt�;11 _if Li 1.4'‘X 4g;12111 437* iW1l0Lla �. CKOWU. O •loos Not (0600 1.1 _1<a 001x: tdn -4810(1(4 r -o TOOTHMAN-ORTON ENGINEERING VICINITY COMPANY CONSULTING OIOva[RS. SURVEYORS AND 10(10) S 1777 001001 004(010110 eon. 0410 0.1713-1000 N10K (100) 377-1300 141 (201) 5u-230, 0.710[5 '4 CODA d0i111. 0410 CAU.OiU. 0410 411 /1.000.1 uC j,111 o : Dear Colony Residents — Please be aware that a VERY significant City Council meeting will take place next Tuesday evening, April 10th. A development known as Symphony Square Subdivision, already approved by the Planning and Zoning Commission, will be proposed to the City Council in a meeting beginning at 7:30 p.m. at the new Eagle City Hall (next to the Library). This subdivision plan calls for construction of 15 homes in 6 acres just west of the Colony. Even though the developer received clear direction from the City Council regarding this development on January 16, the developer disregarded this direction in submitting his plan, which P+Z approved in March. If this is approved by the City Council, every other victory we earned in January may also be at risk. You can see why this vote is SO important to residents of The Colony. I have attached a copy of the current proposed plat map. The Colony Sub -Committee on Development also encourages you to write a letter to the City Council THIS WEEK. We have drafted the following "talking points" to assist you in this process. Talking points for letter to City Council Address letter to: City of Eagle Mayor and City Council 660 E. Civic Lane Eagle, ID 83616 RE: Symphony Square Subdivision - Public Hearing scheduled for 4/10/07 Letter should be postmarked by 4/7/07, or delivered by hand to City Hall by 4/9/07. Letter should address anyor all of the following issues: Transition: The proposed Symphony Square development is not in conformity with the Comprehensive Plan for the property, as amended in a City Council session on September 7, 2004, which clearly provides for a density transition of one home per acre next to the Colony. Furthermore, the developer did not follow the City Council's direction as provided in a recent January 16, 2007 meeting, where Councilman Stan Bastian said this about the Symphony Square property next to the Colony, "I understand we need one -acre Tots and significant buffering. Such that if you live in that home in The Colony, you are going to like the effect, because you are going to have some significant buffering, landscaping that wilt protect you from the commercial activity, or you are going to have a one -acre lot, which is similar to the one you have." Furthermore, the commercial development remains in a "state of flux" today, as several potential developers are attempting to make the development work — and still provide for the Rivendell Music Academy. Symphony Square should not be approved for anything less than one unit per acre (in compliance with the Comprehensive Plan) until the commercial development situation is solidified. Once a commercial development has been approved and construction has begun, the developer could return to the City Council with a request for increased density next to the development — should they desire to do so. Mixed Use: The current proposal calls for this property to be zoned as Mixed Use, rather than Residential. There is no reason why this development should be zoned as Mixed Use, when the proposed development is clearly intended for, and has always been intended for, residential housing. In fact, in the January 16, 2007 City Council discussion regarding Gray Eagle, the City Council strongly opposed the concept of mixed use zoning for residential property, and yet the developer has again attempted to seek a mixed use designation for a residential development. The City Council should request that the developer submit a revised plan under the terms of residential zoning. Please sign the letter and provide your Eagle address. If you have any questions regarding the letters or the meeting, please feel free to contact any of the members of the Colony HOA board, or the Colony Sub -Committee on Development. HOA Board: Scott Archbold Joel Barker Drew Deichmann Clark Huffman Todd Lutz Sub -Committee: Joel Barker Gary Baarson Gary Brandecker Becky Caliister Drew Deichmann Jeff Kline Bob Luffel Todd Lutz CITY OF EAGLE u APR 0 6 2007 File: Route to: 677 N. Cove Colony Way Eagle, ID. 83616 April 6, 2007 City of Eagle Mayor N. Merrill & City Council Members 600 E. Civic Lane Eagle, ID 83616 Dear Mayor Merrill & City Council Members: Once again we find it necessary to contact you and voice strong opposition as to what is being proposed for the Symphony Square Subdivision. Planning & Zoning has completely ignored the decisions and directions the City Council put forth at the lengthy meeting on January 16, 2007. It is perfectly clear as to what you told the developer regarding what he must adhere to but Mr. Wood is ignoring your directions and is presenting a slightly modified plan for the Symphony Square Subdivision. This subdivision does not conform with the Comprehensive Plan which requires density transition. The lots directly next to The Colony are about 2/3 of an acre and are not deep enough to afford The Colony homeowners an adequate buffer zone. One lot in the proposal is 87 feet deep which is less than %Z of The Colony lots. The Mixed Use zoning request should not be allowed as it is too ambiguous. We ask that lots next to the western edge of The Colony be 1 acre in size. We also understand (but do not really care for) is the increased density along the commercial corridor. The developer is the one who planned and will benefit from the commercial development. It should not come at the expense of a great impact on The Colony homeowners. The Colony homeowners are strongly united in opposition to this subdivision as proposed and urge you to make sure the developer follows the direction and guidelines the City Council spelled out on January 16, 2007. pectfully, X• Walter H. Hess /Rdsemarie Hess RECEIVED& FILED CITY OF EAGLE Todd Lutz 973 N Cove Colony Way Fils• Eagle, Idaho 83616 Route to. April 6, 2007 APR 0 9 2001 City of Eagle Mayor and City Council 660 E Civic Lane Eagle, ID 83616 RE: Symphony Square Subdivision — Public hearing scheduled for 4/10/07 Dear Mayor and City Council: I writing to express my concern about the proposed density for the Symphony Square Subdivision. I do not believe that it conforms with the Comprehensive Plan which provides for a density transition of one home per acre next to the Colony and increasing to three homes per acre along Park. Whatever density is approved for Symphony Square sets a precedent for future development north of this area. I think it is important to follow the Comprehensive Plan and only allow for slightly increasing density as the development extends west from the Colony. Thank you for your attention to this matter. Sincerely, Todd Lutz April 9, 2007 City of Eagle Mayor and City Council 660 E. Civic Lane Eagle, ID 83616 RECEIVED & FILED CITY OF EAGLE APR 0 9 2001 File: L Route to: RE: Symphony Square Subdivision- Public Hearing Schedule for April 10, 2007 To Whom It May Concern: We are very concerned about the Symphony Square Subdivision and the impact it will have on The Colony. We moved to this subdivision in an effort to live in an area with fewer homes. There are several areas where the developer is not following currently existing directions. Symphony Square is not in conformity with the Comprehensive Plan for the property which provides for a density transition of one home per acre next to The Colony. Also, the current plan for Symphony Square does not fit in with overall density of the surrounding areas. Since the commercial development issue is currently undecided, Symphony Square should not be approved for anything less than one unit per acre until that issue is determined. We do not feel that this area should be zoned as "Mixed Use." It was our understanding that The Colony and the property directly to the west of it had been clearly intended for residential housing. Sincerely, -‘'1t/L‘41 Rick and Sharon Pennington 3084 W. Wind Dr. Eagle, ID 83616 939-1537 May 6, 2007 City of Eagle City Council 660 E. Civic Lane Eagle, ID 83616 RE: Symphony Square Subdivision - Public Hearing scheduled for 4/10/07 3ECE1ED & FILED CITY OF EAGLE APR 1 0 2007 File: Route to. The proposed Symphony Square development is not in conformity with the Comprehensive Plan for the property, as amended in a City Council session on September 7, 2004, which clearly provides for a density transition of one home per acre next to the Colony. Furthermore, the developer did not follow the City Council's direction as provided in a recent January 16, 2007 meeting, where Councilman Stan Bastian said this about the Symphony Square property next to the Colony, 7 understand we need one -acre lots and significant buffering. Such that if you live in that home in The Colony, you are going to like the effect, because you are going to have some significant buffering, landscaping that will protect you from the commercial activity, or you are going to have a one -acre lot, which is similar to the one you have." The developer is well aware that he has not met either of the options of significant buffering or one acre lots. The lots bordering the Colony are smaller than 2/3 of an acre, and do not have the depth necessary to provide adequate buffering. In fact, the northeast corner lot is designed with a depth of 87 feet, Tess than half the depth of the Colony lots. Residents of The Colony provided the developer with several comments regarding these border lots, but no action was taken to provide the contiguous Colony residents with a situation where "they are going to like the effect", as Councilman Bastian directed. The City Council should require that the development resubmit their development plan to provide for full one acre lots with adequate east -west depth next to the Colony, and a layer of at least 1/2 acre lots west of the one acre lots to provide for a reasonable transition to higher density. The proposed Symphony Square development does not fit with the surrounding areas. To the East, the Colony has been developed as one -acre country homes. To the North, the future Spur Ranch development is also slated to be one acre lots, according to the September 7, 2004 City Council meeting and confirmed by the direction provided to developers during the January 16, 2007 City Council meeting. The properties to the West and South are scheduled for commercial development, although final approval has not been provided for the development of either of these properties. The City Council should, at the least, provide for the following transitions on the Symphony Square property: 1) East - One acre (at least 35,000 SF), providing depth from the western edge of the Colony laid out in such a manner to allow a reasonable distance between the eastern lot line and any building or secondary structure. 2) North - The development to the north of this property (Spur Ranch) is designated to be one acre lots, so it seems logical that the northern edge should be no smaller than 1/2 acre to provide for a reasonable transition to the north. 3) West - Although not our preference, we understand that increased density may be reasonable abutting Fisher Park Way. 4) South - Again, increased density next to the proposed commercial development may be reasonable, to the west of a one acre Colony buffer and at least one 1/2 acre transition lot. The only reason that the City Council would allow for greater density than one acre in this property is due to the commercial development currently planned for the west and the south, next to Highway 44. While it is understood that such a transitional buffering might be desirable, it seems incongruent to provide the developer with the increased density (due to the commercial development), when the same developer is the one who has planned and benefited from the commercial development. This seems like "double jeopardy" to the residents of the Colony. Therefore, if increased density is allowed, every effort should be provided to minimize the impact of the development on the Colony — or the increased density will send the wrong message to homeowners in the area. The current proposal does NOT minimize the impact on Colony homeowners. Furthermore, the commercial development remains in a "state of flux" today, as several potential developers are attempting to make the development work — and still provide for the Rivendell Music Academy. Symphony Square should not be approved for anything less than one unit per acre (in compliance with the Comprehensive Plan) until the commercial development situation is solidified. Once a commercial development has been approved and construction has begun, the developer could return to the City Council with a request for increased density next to the development — should they desire to do so. The current proposal calls for this property to be zoned as Mixed Use, rather than Residential. There is no reason why this development should be zoned as Mixed Use, when the proposed development is clearly intended for, and has always been intended for, residential housing. In fact, in the January 16, 2007 City Council discussion regarding Gray Eagle, the City Council strongly opposed the concept of mixed use zoning for residential property, and yet the developer has again attempted to seek a mixed use designation for a residential development. The City Council should request that the developer submit a revised plan under the terms of residential zoning. Ken Croff 137 N. Cove Col Eagle, ID 83616 RECEIVED & FILED CITY OF EAGLE May 6, 2007 APR 1 0 2007 File: Route to. City of Eagle City Council 660 E. Civic Lane Eagle, ID 83616 RE: Symphony Square Subdivision - Public Hearing scheduled for 4/10/07 The proposed Symphony Square development is not in conformity with the Comprehensive Plan for the property, as amended in a City Council session on September 7, 2004, which clearly provides for a density transition of one home per acre next to the Colony. Furthermore, the developer did not follow the City Council's direction as provided in a recent January 16, 2007 meeting, where Councilman Stan Bastian said this about the Symphony Square property next to the Colony, 7 understand we need one -acre lots and significant buffering. Such that if you live in that home in The Colony, you are going to like the effect because you are going to have some significant buffering, landscaping that will protect you from the commercial activity, or you are going to have a one -acre lot, which is similar to the one you have.' The developer is well aware that he has not met either of the options of significant buffering or one acre Tots. The Tots bordering the Colony are smaller than 213 of an acre, and do not have the depth necessary to provide adequate buffering. In fact, the northeast corner lot is designed with a depth of 87 feet, Tess than half the depth of the Colony lots. Residents of The Colony provided the developer with several comments regarding these border Tots, but no action was taken to provide the contiguous Colony residents with a situation where "they are going to like the effect", as Councilman Bastian directed. The City Council should require that the development resubmit their development plan to provide for full one acre lots with adequate east -west depth next to the Colony, and a layer of at least'/ acre lots west of the one acre lots to provide for a reasonable transition to higher density. The proposed Symphony Square development does not fit with the surrounding areas. To the East, the Colony has been developed as one -acre country homes. To the North, the future Spur Ranch development is also slated to be one acre lots, according to the September 7, 2004 City Council meeting and confirmed by the direction provided to developers during the January 16, 2007 City Council meeting. The properties to the West and South are scheduled for commercial development, although final approval has not been provided for the development of either of these properties. The City Council should, at the least, provide for the following transitions on the Symphony Square property: 1) East - One acre (at least 35,000 SF), providing depth from the western edge of the Colony laid out in such a manner to allow a reasonable distance between the eastern lot line and any building or secondary structure. 2) North - The development to the north of this property (Spur Ranch) is designated to be one acre Tots, so it seems logical that the northern edge should be no smaller than 1/2 acre to provide for a reasonable transition to the north. 3) West - Although not our preference, we understand that increased density may be reasonable abutting Fisher Park Way. 4) South - Again, increased density next to the proposed commercial development may be reasonable, to the west of a one acre Colony buffer and at least one 1/2 acre transition lot. The only reason that the City Council would allow for greater density than one acre in this property is due to the commercial development currently planned for the west and the south, next to Highway 44. While it is understood that such a transitional buffering might be desirable, it seems incongruent to provide the developer with the increased density (due to the commercial development), when the same developer is the one who has planned and benefited from the commercial development. This seems like "double jeopardy" to the residents of the Colony. Therefore, if increased density is allowed, every effort should be provided to minimize the impact of the development on the Colony — or the increased density will send the wrong message to homeowners in the area. The current proposal does NOT minimize the impact on Colony homeowners. Furthermore, the commercial development remains in a "state of flux" today, as several potential developers are attempting to make the development work — and still provide for the Rivendell Music Academy. Symphony Square should not be approved for anything less than one unit per acre (in compliance with the Comprehensive Plan) until the commercial development situation is solidified. Once a commercial development has been approved and construction has begun, the developer could return to the City Council with a request for increased density next to the development — should they desire to do so. The current proposal calls for this property to be zoned as Mixed Use, rather than Residential. There is no reason why this development should be zoned as Mixed Use, when the proposed development is clearly intended for, and has always been intended for, residential housing. In fact, in the January 16, 2007 City Council discussion regarding Gray Eagle, the City Council strongly opposed the concept of mixed use zoning for residential property, and yet the developer has again attempted to seek a mixed use designation for a residential development. The City Council should request that the developer submit a revised plan under the terms of residential zoning. specIly, " Deone Croff 137 N. Cove Colony Way Eagle, ID 83616 cs, a VO 911Q. 1956-2006 tec /d -o7 BUILDING CONTRACTORS ASSOCIATION OF SOUTHWESTERN IDAHO, INC "50 Years of Building Excellence" April 10, 2007 Eagle City Council P.O. Box 1520 Eagle, ID 83616 RE: Zoning and Subdivision Ordinance Amendment Dear Mayor Merrill and City Council Members; 6206 N Discovery Way. Suite A Boise. Idaho 83713 -� (208) 377-3550 NAHB (208) 377-3553 fax Website. wwwbcaswi org E-mail.bca@hentagewdh com Thank you for the opportunity to provide comment to you this evening. We appreciate Eagle working with the development and building community. We have worked hard to help provide insight in the planning process and appreciate any help to keep housing affordable and within the reach of every American family. Keeping in mind our understanding of the city of Eagle's desires for future developments, we have outlined a list of our primary concerns. I believe that we can strike a balance to create desirable Eagle communities. Reauiiina a PUD on all subdivisions with 50 units or more: The PUD is meant not as a mandate but rather as an incentive means to creatively design desirable communities to the benefit of the community and the developer. Traditionally subdivisions have an expressed standard that can be precisely met, and PUD's are negotiated to create flexibility and creativity in developing a community. In addition PUD's are subjective which can make them more complex in the approval process. The Building Contractors Association of Southwestern Idaho (BCASWi) would ask that you keep the current standard subdivision option available and not mandate the PUD. Major subdivisions of 50 lots or more: 50 lots is too small to be defined as a large subdivision. The proposed PUD is not practical for smaller developments. It also creates an obstacle in trying to get standard size lots while maintaining the proposed percentage open space. Open space: The proposed PUD open space requirement is too high as is an 18% requirement for a standard subdivision. Different zones should have different open space requirements (i.e. 10% open space for R2 zones and increase 2% per class). It is not possible to achieve net density in a standard subdivision with 18% open space. But6206 N. Discovery Way, Suite A BUILDING CONTRACTORS ASSOCIATION Boise, Idaho overt'8371••�.F (208) 377-3550 NAHB OF SOUTHWESTERN IDAHO, INC (208) 377-3553 fax ATI O�'Fi .XWI.' • Website. www bcaswi org "50 Years of Budding Excellence" E-mail bca@heritagewdi corn Open space should be a flexible gauge because the costs/benefits will differ based on size of the development. In addition, it would be preferential to have a reduced open space requirement (approximately 3% depending on layouts) in lieu of credit for landscape strips. 50% of lots adjacent to open space in a PUD (30% in a standard subdivision): We believe that the design will suffer with stringent requirements such as 50% of lots backing up or connected to open space. This has the potential of creating small pockets of open space rather than community gathering areas. 50% of lots adjacent to open space may be achievable in some areas but not all. 30% of lots adjacent to open space in a standard subdivision is simply unachievable such as an infill project. Varied lot sizes: Varied lot sizes are appreciated as it does create flexibility, but density bonuses would help the developer offset the costs of the increased design requirements without detracting from the open design. Fencing: Requiring all fencing be open creates some significant concerns (clients who want privacy, higher cost, etc.). We also feel that this is regulating ownership and not use (the PUD is meant to regulate use). Alternatives such as open fencing along all common areas could be considered if the desired outcome of the city is to provide an open feel. Open fencing suits many areas well, but it is simply just not appropriate in all areas. There are means to creating an open feeling without a 100% open fencing requirement. The building and development industry and the home buying public are very concerned about the rigidity of this restriction. Different terrain / design: Not all subdivisions are the same. Flat land subdivisions have a very different design than foothills. The BC'ASWI would request some sort of bonus for useable open space within a development. We would also request additional credit for recreational open space such as ponds (15% in the current proposal — increase to 50%). Trails and Pathways: The change to this standard — increasing the paved portion of the pathway from 6 feet to 8-10 feet is excessive and unnecessary. This is not only costly but it creates the feel a road rather than a pathway. We would recommend revisiting this item. This is not the direction we believe the city or the development community wants to head down. BM6206 N Discovery Way, Suite A BUILDING CONTRACTORS A SSOCIAT ION Base 83713 h/IM�I�A�Ah (208) 377-377-3 550 �� NAHB OF SOUTHWESTERN IDAHO, INC. (208) 377-3553 fax NNIM.`,1 ""^"^'"" 11,iiAh tip I Website www.bcaswi.org "50 Years of Budding Excellence" E-mail: bca@hentagewifi com lrri>?ation ditches/pathways: Irrigation easements are not part of the open space even when there are pathways. We would ask that pathways at a minimum be counted as passive open space. Private Streets: Currently 10% of lots are allowed to be private streets, this requirement should be eased. Private streets are not the same as gated streets. Private streets are there for design/use; gated streets are for restricted access. The BCASWI would recommend increased flexibility for private streets, and perhaps limiting gated streets to 10%. In summary the BCASWI, representing hundreds of local developers and builders, feels the proposed Title 8 and Title 9 amendments are not viable for development. Restrictions are already high in Eagle, coupled with high land costs, the development community is facing significant challenges. We want to see Eagle continue to be not only a desirable place to live and a family, but also a desirable place to develop. Thank you for the opportunity to provide comment to you tonight and throughout this process. Please contact me with any questions. Sincerely 4.9 Miguel Legarreta Government Affairs Director Building Contractors Association of Southwestern Idaho (BCASWI) 6206 N. Discovery Way, Ste A Boise, Idaho 83713 208-377-3550 44--/o-c37 March 2007 Final Report of the Floodplain Task Force History A Floodplain Task Force was approved by the City Council following the 2006 Spring water runoff that resulted in flooding in various locations within the City of Eagle. The purpose of the Task Force was to review what happened during the flooding and to evaluate the City of Eagle's response to the events. They were also asked to research and communicate with the regulatory agencies as to what can and should be done to help mitigate flooding along the Boise River as well as Dry Creek. The Task Force was comprised of water experts and representatives from impacted subdivisions along the Boise River and Dry Creek waterways. The Task Force was chaired by Steve Sweet from Flood Control District 10 and co-chaired by Jim Acevez from the Brookwood subdivision. The 18 member Task Force began meeting in September 2006 and held regular bi-weekly meetings until March 26, 2007. Members on the Task Force Nancy Merrill, Mayor Steve Sweet, Chair, Flood Control 10 Jim Acevez, Co -Chair, Brookwood Brayton Willis, US Army Corps of Eng. Scott Van Hoff, IDWR Don Stockton, Eagle Pathway Chair Bill Rode, resident Ron Rippey, Board Member Hart Davis Don Knichrehm, Westover Lakes Kirk Walton, Island Woods David Shaw, ERO Resource Group Lisa Bowman, Cottonwood Creek Laurie Warren, Streamside Shannon Cook, Laguna Point Chuck Ferguson, Flood Control 10 Mike Mongelli, City of Eagle Kevin Howell, Rivers End Vern Brewer, Holliday Eng. Agency Experts Involved in the Review U.S. Army Corps of Engineers, Brayton Willis Idaho Department of Water Resources, Scott Van Hoff Flood Control District 10, Steve Sweet 1 Analysis During the past 6 months the Floodplain Task Force reviewed the high water problems that occurred last spring and developed a list of short and long-term strategies to lessen the risk for a flood occurring and to minimize the impact of a flood. During this review process, the Task Force discussed a wide range of topics including levees and berms in Eagle which were created long ago but today are not considered structurally sound or certified by Corps of Engineers standards; and the accuracy of currently used FEMA maps. It was the goal of the Task Force to have a clear understanding about the difference between the Floodplain and Floodway, the meaning of No Adverse Impact and how it relates to development, Green LiDAR technology and how it might hold the potential to better map the topography and terrain features in and around the floodplain; gravel accumulation and the natural narrowing of the Boise River resulting in reduced river capacity; constraints to clean out the river due to regulatory requirements, the State Lands control of regulating the removal of gravel, and the lack of funds to clean out the river and to study options to improve flow capacity in the channel. The Task Force also discussed the importance of education, not only to residents but also to the development community; analysis the river's weak spots; creating proper flow channels to convey water; the Corps of Engineers "rule curve" to determine release of water from the 3 dams; working with the Bureau of Reclamation and other stakeholders to allow floodwater in the NY canal; the need of a State Flood Czar; and adopting a long- term commitment to maintenance of Boise River. In addition to these discussion topics, Mayor Merrill made a request to the U.S. Army Corps of Engineers in a letter dated July 18, 2006 to conduct an After Action Review of the 2006 high water event in Eagle. We were presented the report March 7, 2007, which includes a summary of the conditions and factors considered in the real-time decision making with the spring of 2006 Boise River Reservoirs operations, the flow split at the head of Eagle Island, a review of the accuracy of the Federal Emergency Management Agency maps, identified flood susceptible problem area (particularly bridges), and suggestions for the community to consider for future flood risk reduction along the Boise River. The intent of the After Action Review was not to lead the City of Eagle to any particular conclusion for flood risk reduction but rather to provide information and ideas to best assist in the decision making process. Summary The discussion and conclusions of the Floodplain Task Force parallels the final analysis of the U.S. Army Corps of Engineers. In our combined suggested solutions there are some items that can be physically done right now to create a better flow and others are more long term and would require the participation of other cites, agencies, and stakeholders to develop a common vision and plan for implementation. 2 While the Floodplain Task Force was not asked to conduct a benefit/cost analysis on any of these alternatives, the following recommendations have been prioritized in respect to potential for beneficial affect -- highlighted and numbered in red. Each recommendation faces obstacles to achievement. Each recommendation requires further analysis in terms of achievability and feasibility, but ultimately the Committee concluded that each recommendation is possible to effect. They are broken down into Near -Term Solutions with Limited Duration Benefits, Near Term solutions with Long -Term Benefits for Localized Areas, and Structural Alternatives. I. NON-STRUCTURAL ALTERNATIVES Near -Term Solution with Long -Term Benefits for Entire Valley 1. Improve the Channel Capacity by Modifvina the Reservoir Operations #1 and #7 Changing Water control is a method used to prevent increasing flood risk. The Boise River's channel capacity becomes restricted over several years of drought because gravel bars form within the channel and brush grows in the channel and on the banks. Channel capacity has declined with the regulation of large flow events in the channel. However, high releases near the 6,500 cfs bank full capacity at the Glenwood Bridge appear to recover channel capacity. For example, from 1995-1996 the Boise Basin experienced high flows of 5,000 cfs to 7,000 cfs at the Glenwood Bridge, that evidently flushed out and reduced vegetation within the Boise River's channel so that the 1997, 1998 and 1999 flood flows of 7,020 cfs, 8,350 cfs and 6,650 cfs, respectively, had less flood impacts than the 6,500 cfs flow in 1993. However, localized flooding problems can still occur at flows below the bank full capacity of 6,500 cfs at the Glenwood Bridge, when a tree blocks a channel, a dike fails, or a dike is constructed or altered. Without a comprehensive and continuing maintenance program, it is expected that gravel bar, tree, and brush accumulation within the channel will continue. Annual flushing of the channel with high releases near bank full capacity of 6,500 cfs at the Glenwood Bridge may slow and somewhat reduce this type of accumulation. (Would require interagency cooperation and support from fish and Game as well as Homeowners) Near -Term Solutions with Long -Term Benefits for Localized Areas: 2. Acauirine emersencv access easements: The City is doing this now and will strengthen the codes to further ensure access for emergency flood fight activities, and after event repairs. 3. More restrictive Floodplain Codes and Ordinances: Actions are being taken by the Treasure Valley Partnership to coordinate a standard for, No Adverse Impact, a 100 foot setback (to include a greenbelt easement in this area), two feet above the base flood elevation, and a flood mitigation plan. 3 4. Redefine, restore, and maintain the South to North floodwav- #2 as established by FEMA mapping on the property near the head of Eagle Island. (Would require financial support coordination with property owners and Flood District #10) 5. Enhance flood education and preparedness #6 Maintain and update contacts and stay in contact with local, state, and federal government when flows have a potential of exceeding 7,000cfs, (flood stage). Regular checks would be made to assure that flood response easements are maintained accessible. Informational brochures should be prepared and handed out to all potential homeowners in a flood risk area. Education of the Realtors Association will help inform all future home buyers. Regular contact with the Homeowner Association with information about future flooding will prepare the public. 6. Flow Split Control #4 A regular maintenance program consisting of monitoring and removal of accumulation of gravel at the head of the Island will help regulate flows in both the North and South channel of the Boise River. II. STRUCTURAL ALTERNATIVES Near -Term Solutions with Limited Duration Benefits for Localized Areas 1. Soft Armoring Bank Protection #5 _There are numerous ways to repair and stabilize eroding river banks with the use of living and non living vegetation and other bioengineering materials. If properly designed, these types of solutions work well under certain conditions. Where flow conditions can cause scour, a mix of hard and soft solutions can be a more environmentally friendly alternative then hard armoring. Long -Term Solutions with Long -Term Benefits for Localized Areas 2. Bridle Replacement: The Eagle Road Bridge across the South channel has a limited capacity as observed this year. The City Of Eagle should consider evaluating the actual capacity of this bridge as well as others along the Boise River including the Linder Bridge that appears to have similar problem. If these bridges are determined to have limited capacity to pass high water, the local government would have valuable information to prioritize the replacements or upgrades necessary to reduce the risk of backwater and debris plugging. Along with this the City of Eagle might consider the installation of reinforced concrete pads on the upstream side of the bridges to facilitate debris and blockage removal. 4 Long -Term Solutions with Long -Term Benefits Undeveloped Area (Eagle Island State Park) 3. Set -back levees with terraced neak flow channels: Compared to the non- structural conservation of the morphological floodplain alternative mentioned above, the design of this type of flood control works typically requires less land for construction. One of the notable benefits from this type of design comes from allowing the river to meander "somewhat" naturally between levees. Many of the existing environmental benefits can be also preserved and protected as well. (Requires cooperation with numerous governmental agencies.) Long -Term Solutions with Long -Term Benefits for more Frequent high flow events (ie:10-percent flood) 4. Utilization of New York Canal as a multi -objective irrigation canal/flood control works #3 The communities along the Boise River, in conjunction with the USACE, USBR, and the support of the irrigators could enlarge and rejuvenate the New York Canal, such that it could provide greater flood water carrying capacity. This would mean improving the outlet works on Lake Lowell as well to bypass flood waters that would exceed their maximum pool. This proposal could benefit both irrigators who could get a significant rehabilitation to their canal and flood control reduction to the lower Boise River residents who live along the river. This alternative would require the development of cost sharing and operational agreements that would allow for joint usage of that facility. 5. Flow Split Control with a Structure #4 The flow split at the head of Eagle Island is constantly changing. If a constantly maintained flow split at the head of Eagle Island is desired a structure could be constructed to provide that flow split. You have asked the Floodplain Task Force to assess the situation and provide solutions, this we have accomplished and now we look to the Eagle City Council to move forward with our recommendations. 5 676 9/oo1e7 I tti PROCESS I: PUBLIC OUTREACH Approximately 250 participants II: PROFESSIONAL WORK GROUPS AVERAGED 150 PEOPLE PER WEEK TOTAL MANHOURS IN COMMITTEES: APROX. 2,111 Habitat/Open Space — (21 member met for 16 hours) Transportation — (19 members met for 17 hours) Activity Centers -(8 members met for 14 hours) Facilities — (14 members met for 14 hours) Landscape/Design Review — (21 members met for 14 hours) Land Owners Group- (65-157 owners met for 14 hours) III: REVIEW AND COMMENT OF THE CONCEPTUAL PLAN(S) A. Land Owner Meetinds) to discuss with landowners within the area the conceptual plan(s) for the area before the workshop with the Planning and Zoning Commission and City Council. May 1 &3 (aero., 6 hours total -6 staff members) B. Work Groups Review Review by committees before a workshop with the planning and zoning commission and the City Council. Week of April 23-27 (32 people for a total of 64 hours) C. Workshop with Plannins and Zoning Commission and Citv Council to discuss the conceptual plan(s) Tonight IV: PUBLIC HEARING PROCESS May 14, 2007 — Spring 2007 Comprehensive Plan Public Hearing General Foothills Principles: Clustered Develoument- City has no desire to see the entirety of the foothills developed under standard suburban development patterns but prefers to see development clustered and centralized in areas of less slope, reduced visual impact, and along major transportation routes (Highway 16 & 55) while providing for the permanent protection of a regional/community open space system. Sustainabilitv- Understanding the limits of the existing infrastructure and the long-term shortage of regional infrastructure capacity it is important that development within the foothills provide employment, schools and commercial opportunities in scale with the residential development intensities. Identifiable- The foothills have been a long time backdrop to the city with residents and property owners within the area identifying themselves as part of the Eagle Community. As the area changes and develops it is important to continue to fostered and reinforce this connection to the City. Regardless of location within the eventual city consistency of design, scale and values should be prevalent. Regional Significance- The foothills have regional significance for both recreation opportunities and for scenic values. Further due to the location of regional corridors (Highway 55 & Highway 16) connecting this area to the growing economic hub of Boise and the burgeoning growth in Gem, Boise and Canyon Counties appropriately scaled commercial within this area may reduce future trips into the already congested central valley system (State Highway 44, Highway 20/26 and I-84). Multi -Modal and Multi -use: Just as the area should foster a mixture of uses to be sustainable, the area should also promote a myriad of transportation options. Linkages internally as well as externally to the existing city and the regional system should be encouraged but balanced with the existing identity of the community/neighborhood and capacity of these systems. Understanding Nature- It is important to understand the existing systems in the Foothills so development is compatible with the areas topography and wildlife. Highest and Best use, grading and property rights should be balanced with the existing systems so not to destroy the elements that first brought people to the area. Different land has different values- Recognize that landform, topography, availability of services and location will have significance on types and intensity of development. Within the existing city there is not a uniform density and that is not how to plan the foothills. North Eagle Foothills Transects Transect Regional Open Space Permanent (mapped) Rural Lifestyle Rural Estates Suburban Urban Transition Neighborhood Centers (unmapped) Community Centers (mapped) Description Density Consists of lands that have a higher value for regional open space and are owned by public entities or have been preserved in perpsuity Consists of lands approximating or reverting to a wilderness condition including lands unsuitable for settlement due to topography. hydrology or vegetation This includes existing ELM ownership and floodways. Consists of lands most suitable for approximating or reverting to a wilderness condition but held in pnvate ownership Development options in this area should include cluster and conservation developments, as well as the ability to transfer units to more suitable development areas within he foothills Developments in this area should that include a minimum of 50% open space 0 1 unit per 40 acres Consists of low density large 101 residential areas Planting is naturalistic and set -backs relatively deep Blocks may be large and the roads irregular 10 accommodate natural conditions Lots may be cluster onto 1/2 acre lots or 1 unit per 2 acres fencing restnctions may be used to provide a better open space pattern and protection of natural features Pnmanly suburban residential pattern Pnmanly a single family detached housing type Setbacks and landscaping are vanable. Streets define medium-sized blocks Generally located within a 1 mile of community/neighborhood centers but may vary according to the natural features of the foothills Clustenng may be used to ensure saignihcant regional and neighborhood open space Consists of a mixed-use but primarily residential urban fabnc 11 has a wide range of building types single sideyard. and rowhouses Setbacks and landscaping are vanable Streets define medium-sized blocks Generally located within a 1/2 mile of communityrneighborhood centers but may vary according to the natural features of the foothills. Located a key intersecbons between arterial and collector roadways Consists of higher density mixed-use building types that accommodate retail, offices, rowhouses and apartments. It has a tight network of streets, with wide sidewalks. steady street tree planting and buildings set close to the frontages (See Specific Definiboni Approximately 100 acres in size consists of the highest density, with the greatest variety of uses, and civic buildings of regional importance It may have larger blocks; streets have steady street tree planting and buildings set close to the frontages No minimum lot sizes (See Specific definition) 2 5 units per 1 acre 4 units per 1 acre Min of 6 units per acre for a minimum of 50% of the area Min of 8 units per acre for max. of 25% of the area Illustration rw'ir.i'.aP i-- ��.�,. ar/ei� .,i.tl Approximate Unit Distribution Based on Centers & Transects Acres Density Units % of total units Centers Neighborhood Community Total Spheres of influence 240 150 390 6/acre 8/acres 1,440 1,200 I 2,640 I Neighborhood Community Total Combined 3,780 3,392 7,172 3.25/acre 3.25/acre I 7,562 acres Equals 17.3% consumed of the area 12,285 11,024 23,309 6% 5d/0 11% 51% 46% 96% 1 Equal 100% of base units plus 25,949 units 100% of the maximum bonus for all land Assumes that habitat represents 30% and step slopes represent 25% of the area m the centers & spheres Assumes that neighborhood centers & associated spheres are 640 acres combined There is no guarantee of density bonuses Replaces the table on Pg.71 of the draft plan: Foothills Constraints Feature Acres % of area Slopes 25%+ 9,163 19% Floodway 210 1.0% Habitat 12,964 26% BLM 5,398 11% Total 27,735 57% Replaces the table on Pg. 74 of the draft plan: Foothills Base Density Density Acres (units/acre) Units Unconstrained 21,265 1 21,265 Slopes 25%+ 9,163 0.2 286 Floodway 210 0 0 Habitat 12,964 0.2 504 BLM 5,398 0 0 w/everyone Total 49,000 0.45 22,055 taking a bonus Community & Neighborhood Centers 690.0 2186 28,652 Adjustment factor: Potential Units: 24,241 0.58 Gross Density: 0.49 Foothills Base Density w/o SunCor Extra Area Density Acres (units/acre) Units Unconstrained 12,965 1 12,965 Slopes 25%+ 463 0.2 93 Floodway 210 0 0 Habitat 12,964 0.2 2,593 BLM 5,398 0 0 w/everyone Total 32,000 0.49 15,650 taking a bonus Community & Neighborhood Centers 690 2,186 20,966 Adjustment factor: Potential Units: 17,836 0.66 Gross Density: 0.56 Policy Discussions: Open Space: 1. Should the 40% Open Space described on page 76 be considered gross: a. Natural Areas b. Common Areas or public parks and plaza c. Trails allowing public access and connecting to the regional trail system d. Public trailheads e. Archeological Easements f. Roadway setbacks/Buffers g. Golf courses OR Natural Areas only a. Slopes in excess of 25% b. Habitat areas identified by wildlife mitigation plans c. Restored/re-vegetated natural areas d. Floodways 2. Should there be a buy out clause in the 40% Open Space requirement? a. Should the option be provided that in areas that contain less constraints that a portion of the required open space could be given to the City for an open space fund: Example: 1000 acre site 40% open space require = 400 acres Constraints (slope, floodways, and habitat) = 5% of the site 50 acres Property is identified as a Community Center Could they dedicate 200 acres (only 50% of the requirement) and develop large lots within their sphere of influence paying into an open space fund for the additional 200 acres required. Could they dedicate land off site per the potential open space overlay? Density: 1. Is the density described within the plan appropriate? Foothills Base Density Density Acres (units/acre) Units Unconstrained 21,265 1 21,265 Slopes 25%+ 9,163 0.2 286 Floodway 210 0 0 Prime Habitat 12,964 0.2 504 BLM 5,398 0 0 Total 49,000 0.45 22,055 Community & Neighborhood Centers 690.0 2186 Adjustment factor: Potential Units: 24,241 Gross Density: 0.49 2. Was it appropriate to include all of Suncor's holdings into the plan and apply the same development standards? 3. How do transect and the densities combine into a land use layout for the foothills? Density is calculated based upon the identification of on-site constraints. This is a performance based density. The size of lots is based on the section or sections of the transect are being used. Standard large lot development should be discouraged as a base development option for the foothills for it does not create centers or meaningful open space. Activity Centers (Community & Neighborhood) are currently sized and located to accommodate the majority of the development. 4. Centers are given additional density (Min. of 8/acre for Community Centers & min. of 6/acre for Neighborhood Centers) as a way of providing incentives for their creation. The use of centers and development really focuses on the City being the entitling authority not the county. Approximate Unit Distribution Based on Centers & Transects Acres Density Units % of total units Centers Neighborhood 240 6/acre 1,440 6% Community 150 8/acres 1,200 5% Total 390 2,640 11% Spheres Neighborhood 3,780 3.25/acre 12,285 51% Community 3,392 3.25/acre 11,024 46% Total 7,172 23,309 96% Combined 7,562 acres Equals 17.3% consumed of the area 25,949 units Equal 100% of base units plus 100% of the maximum bonus for all land Assumes that habitat represents 30% and steep slopes represent 25% of the area of the centers & spheres Assumes that neighborhood centers & associated spheres are 640 acres combined There is no guarantee of density bonuses 5. How much of a density bonus, if any, should be granted? (see page 77) Currently there is a 20% maximum: • 5% for funding open space ■ 5% for combining open space at both neighborhood and regional level • 5% for increasing open space to 50% and an additional 5% for increasing the open space to 60% Committee would like to add an additional option of 5% working with neighboring land owners to design open space connections. This would still limit the maximum to 20% but the developer could chose which elements work for them. Implementation: PUD Unique to the Foothills Review and development of a Eagle Foothills Architecture and Site Design Book — Including a review process for the foothills including residential Update of Irrigation and landscaping standards for the foothills including drought tolerant and native plants. Establishment of grading standards and wildlife/habitat review guidelines