Minutes - 2007 - City Council - 12/11/2007 - Special
J
EAGLE CITY COUNCIL
Special Meeting Minutes
December 11, 2007
NO PUBLIC HEARINGS WILL BE HEARD PRIOR TO 7:30 P.M.
I. CALL TO ORDER: Mayor Merrill calls the meeting to order at 6: 10 p.m.
2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. All present. A quorum
is present.
3. PLEDGE OF ALLEGIANCE: Nichole Baird Spencer leads the Pledge of Allegiance.
4. PUBLIC COMMENT: See Below
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 Al!:ainst the City.
B. Findinl!s of Fact and Conclusions of Law for A-03-07/RZ-03-07/CU-02-
07/PPUD-03-07/PP-07-07 - Eal!:le Commons (AKA Bald Eal!:le Pointe)
Planned Unit Development - Eal!:le Commons. LLC: Eagle Commons LLC,
represented by Van Elg with The Land Group, Inc., is requesting annexation and
a rezone from RUT (Rural Urban Transition Ada County designation) to R-l-DA
(Residential up to one unit per acre with a development agreement), conditional
use permit, preliminary development plan, and preliminary plat approval for
Eagle Commons (AKA Bald Eagle Pointe), a 55-lot (45-residential, 9-common,
I-right of way) residential planned unit development. The 49.5-acre site is
located approximately I ,800-feet west of Linder Road on the south side of West
State Street (State Highway 44) and north of the north channel of the Boise
River. (WEV)
C. ResolutionNo. 07-19A: A resolution of the City of Eagle, amending City of
Eagle Resolution No. 07-19; providing a severability clause; and providing for
an effective date. (WEV)
General discussion.
Nordstrom moves to approve the Consent Agenda. Seconded by Bandy. Bastian: AYE;
Nordstrom: AYE; Bandy: AYE: Guerber: AYE: ALL AYES: MOTION CARRIES.........
PUBLIC COMMENT: Debra Helton, discussion on "being green" and co-mingling recycling.
Co-mingling recycling is only done on the commercial level. Discussion on shredding and
recycling at City Hall. Discussion recycling containers on the street. General discussion.
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Barbara Jekel: at the last Council meeting there were derogatory statements made that need to be
addressed. Discussion on M3 and NFACA.
6. UNFINISHED BUSINESS:
A. A-14-06/RZ-19-06/Z0A-3-06 - Annexation. Rezone and Zonin2 Ordinance
Amendment M3 - M3 Comoanies: The M3 Companies are requesting an Annexation and
Rezone from RR (Rural Residential- Ada County Designation) and RP (Rural Preservation-
Ada County Designation) to R-I-DA with a Pre-Annexation and Development Agreement for a
maximum of 8, 160 units and 245 acres of non-residential uses including commercial, office,
and mixed use; a Zoning Ordinance Amendment to amend Eagle City Code Section 8-6
"Planned Unit Developments" to allow for the establishment of a M3-PUD zone. The +1-
6,005-acre site is generally located north of the Farmers Union Canal and Homer Road, east of
State Highway 16, west of Willow Creek Road, and south of Chaparral Road.. The public
hearing has been closed. This item was continuedfrom the December 5. 2007, meeting.
(WEV)
Mayor introduces the issue.
City Attorney Buxton: Provides Council an overview of the M3 Development Agreement.
Discussion on the habitat mitigation plan. General discussion.
Bill Brownley, M3, we are fine with a conservation easement or deed restriction.
Further discussion on changes to the Development Agreement.
Bastian moves to approve the Pre-Annexation and Development Agreement by and
between the City of Eagle and M3 Eagle L.L.C. as proposed this evening in the document
before us dated 12/11/07 with the following changes:
Page 2 under the definition "Community Center" replace the words "retail space" with
"non-residential use";
Page 5 replace the words "commercial space" in the "Neighborhood Center" definition
with "non-residential use";
Page 6 under the definition of "Open Space" on the line that begins with "on private lands
or lots." cross out the period and insert the words "subject to deed restriction.";
Page 6 under "post-Mitigation Density" the line that begins with Unconstrained Lands
after conversion by 1.7 units/acres and "strike the word is and insert shall not exceed"
7,153 dwelling units;
Page 24, Item 2.1(c) the 3'd line down beginning with Traffic System within "insert the
wording "and/or proportional to the projects impacts"; on the 4th line down beginning
with "Master Streets & Circulation Plans and the Phasing Plan "insert the wording "and
all planning and study documents of ACHD.";
Page 24, Item 2.1(d) the 3'd line down beginning with "within and/or adjacent "insert the
wording "and/or proportional to the projects impacts"; on the 41h line down beginning with
"Master Streets & Circulation Plans and Phasing Plan "insert the wording "and all
planning and study documents of ACHD.";
Page 25, the 1'1 sentence beginning with "funding from or authorized by State of Idaho for
the construction of "cross out "necessary" and insert "its proportional share of necessary"
improvements to the State Highway "strike out "16" and insert "ITD systems";
Page 25 line 3, after the) which ends in "roads" strike "or other ITD facility";
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Page 29 strike item 2.3(c), 2.3(d) and in Item (t) Reuse Water strike the existing language
and insert the following "The City acknowledges the intent of the Developer to retain
entitlement to reutilize the reuse water generated from the waste water system for the site
for irrigation and aquifer recharge purpose, the City acknowledges and encourages the
Developer to use the re-use water for irrigation of its open space and potential recharging
the aquifer, both of which uses will be subject to approvals which are required under
Federal and State Law.";
Page 29 2.4(c) strike "Drainage System.'"
Page 30 strike the first paragraph;
Page 30 strike (d) and then add to (b) the paragraph beginning with "In connection with
such Planning Unit Master Drainage Plan";
Discussion
Bastian amends the motion to not strike paragraph (d);
Page 30 item (t) Drainage Re-use, it would read "the City acknowledges the intent of the
developer to retain rights and etc.";
Page 30 10th line beginning with "Developer's proportionate share of funds in connection
with construction of such site and facility "strike out but" and insert "equipment,
personnel and operations not to exceed $1,000,000.00"; and at the end of this paragraph
after "City Code" insert "in the event impact fees are adopted by the developer for police
the developer would received credit for capital improvements.";
City Attorney Buxton: Instead of the language you inserted after "City Code" I would like
to insert after the sentence beginning with "additional amount shall be paid by Developer"
"in the event impact fees are implemented for law enforcement capital improvements,
Developer would be eligible for a credit against capital improvements provided by
Developer but Developer shall still provide its proportionate share for the initial equipment
and personnel which are not eligible for impact fees.";
Page 31 the line beginning with "site and facility", insert "equipment, personnel, and
operations shall not exceed $1,000,000.00" and continue on there. Also insert the same
language as about in regards to the impact fees language.
City Attorney Buxton: "initial" is defined as one times fees associated with platting of
developer which are not available on an annual basis.
Page 32 Item 2.6(b) - the whole paragraph should end with "trails and open space, plans
and will address roadway crossing or habitat within the Eagle regional park."
Page 33 last sentence in reimbursement, ends with "trail improvements listed above within
a timeframe acceptable to City. Add "Reimbursement will be in compliance with the City
impact fee ordinance.";
Page 33 BLM Exchange remove the strike through and highlight and that becomes part of
the Development Agreement.
Seconded by Nordstrom. Discussion. Bastian amends the motion to add and authorize the
Mayor to sign. Second concurs. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy:
AYE: ALL AYES: MOTION CARRIES.................
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Bastian moves to approve A-14-06/RZ-19-06 Annexation, Rezone and denial ofZOA-3-06
an Annexation and Zoning Ordinance Amendment M3 - M3 Companies. Seconded by
Bandy. Discussion. ALL AYES: MOTION CARRIES..............
B. A-07-07 /RZ-09-07 /CU-06-07 /PPUD-04-07 /PP-II-07 - Annexation. Rezone. Conditional
Use Permit. Preliminarv Development Plan. and Preliminarv Plat for Stillwater Planned
Unit Development - Tri Cedars Manal!:ement Co. LLC: Tri Cedars Management Co. LLC,
represented by David McKinnon with Conger Management, is requesting annexation and rezone
from RUT (Rural Urban Transition) and PS-DA (Public/Semi-public with a development
agreement) to R-2-DA-P (Residential-l.62 units per acre with a development agreement)
conditional use permit, preliminary development plan and preliminary plat approval for
Stillwater Planned Unit Development, a 53-lot (47 buildable, 4 common, 2 R.O.W. dedicated
lots) planned residential development. The 28.93-acre site is located approximately 1,300 feet
west of West Ballantyne Road on the south side of West State Street (SH 44) at 2505 West State
Street (SH 44). (WEV) The public hearingfor this item has been closed. This item was
continuedfrom the November 27, 2007 meeting. The applicant is requesting this item be
remanded back to staff
Mayor introduces the issue.
Guerber moves to remand A-07-07/RZ-09-07/CU-06-07/PPUD-04-07/PP-ll-07-
Annexation, Rezone, Conditional Use Permit, Preliminary Development Plan, and
Preliminary Plat for Stillwater Planned Unit Development back to staff. Seconded by
Bandy. ALL AYES: MOTION CARRIES..............
C. Discussion of City Hall furnishinl!:s. (SKB)
Mayor introduces the issue.
Guerber moves to drop Item #6C from the Agenda. Seconded by Bastian. ALL A YES:
MOTION CARRIES.......................
Bastian moves to amend the Agenda to place Item #7E first on the Public Hearings then
followed by Items #A, C, B, Bl and finally Cl and D and Dl. Seconded by Nordstrom.
ALL AYES: MOTION CARRIES...................
Mayor calls a recess at 8:45 p.m.
Mayor reconvenes at 9:05 p.m.
Nordstrom moves to leave Item #A as first on Public Hearing and then follow tbe amended
rotation. Seconded by Bastian. ALL AYES: MOTION CARRIES................
7. PUBLIC HEARINGS:
A. Ordinance No. 592 (Urban Renewal Plan): An Ordinance Of The City Council Of The
City Of Eagle, Idaho, Approving The Eagle Urban Renewal Plan For The Downtown And East
End Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions;
Authorizing The City Clerk To Transmit A Copy Of This Ordinance And Other Required
Information To County And State Officials, Waiving The Reading Rules; Approving The
Summary Of The Ordinance; And Providing An Effective Date. (WEV)
Mayor introduces the issue.
Ryan Armbruster, representing the Urban Renewal Agency, provides Council an overview of the
Urban Renewal Plan and the legal publications for the public hearing. Discusses a change to the
plan. This is a very straight forward Urban Renewal Plan, nothing out of the ordinary.
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General discussion.
Mayor opens the Public Hearing
Phillip Fry, 4122 Homer Road, I am not a resident but I have a question on taxes. You would be
using the taxes and the increase in taxes to go to a developer to destroy the area. General
discussion.
Ryan Armbruster, discusses the based assessed value of the property. The increase of that value
over time comes to the Urban Renewal Agency. General discussion.
Mayor closes the Public Hearing
General Council discussion.
Ryan Armbruster, discusses the categories of projects within the plan.
Nordstrom moves, pursuant to Idaho Code, Section 50-902, that the rule requiring
Ordinances to be read on three different days with one reading to be in full be dispensed
with, and that Ordinance #592 be considered after being read once by title only.
Nordstrom reads Ordinance #592 by title only. Seconded by Bandy. ALL AYES:
MOTION CARRIES.................
Nordstrom moves that Ordinance #592 be adopted. Seconded by Bandy. Discussion.
Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION
<:ARRIICS...............
B.(E.) CU-14-07 - Parkinl!: Garal!:e and Heil!:ht ExceDtion Request for Eal!:le Colonade - Tri
City Meats: Tri City Meats, represented by Bob Niblett with Niblett & Associates Architects, is
requesting a conditional use permit for the construction of an 84-space parking garage and a
conditional use height exception for a 58-foot high mixed-use building and a 58-foot high
parking garage for the Eagle Colonade project. The 0.91-acre site is located on the south side of
West State Street approximately 134-feet west of Eagle Road at 45 West State Street. (WEV)
Mayor introduces the issue.
Ron Bath, 1065 E. Winding Creek, representing Tri-City Meats, provides Council a history on
how we got to the present day on the project and provides Council an overview of the
application. General discussion.
Bob Niblett, representing the applicant, discussion on Smart Growth and the Winding Creek
Subdivision. Displays overheads and provides Council an overview of the project. General
discussion.
Planner Williams, displays overheads and provides Council an overview of the application.
General discussion.
Mayor opens the Public Hearing
Mayor swears in Lynne Sedlacek
Lynne Sedlacek, l200Hereford Drive, I'm hear tonight to try to find out about this. It is my
understanding that the new Guho building is 35'. I don't think this building is going to fit down
there and it will stand out. This would not be my vision for downtown Eagle. I would like to see
the old buildings downtown reclaimed. I'm concerned about the amount of traffic that will be
generated. Discussion the power lines. I'm not comfortable with the height exception in that
area.
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Mayor swears in Ron Marshall
Ron Marshall, 740 Palmetto Drive, This project does not include the Chevron lot so I don't know
how they will have parking. There are other properties for this project. How many other
buildings will require a height exception? Discussion on how other properties currently
downtown could be developed. I don't think this is what people have envisioned for the City of
Eagle. Do we really need a three level parking garage? I think this is important enough that
notice should have been sent to everyone in Eagle. The Developer can't come out financially
without going three stories because of the cost of the land. These landowner's are holding up the
City of Eagle. Discussion on the power poles downtown. The Council needs to communicate
more with the citizens to see what they want. There are other areas in Eagle where this parking
lot can go. Displays an overhead of the properties that can accommodate a parking garage. None
of these properties are for sale but maybe they would be. I strongly urge the Council to deny this
application. General discussion.
Mayor swears in Sheri Sharp
Sheri Sharp, 127 S. Eagle Road, I'm not in favor of the height exemption. Parking structures
should not be in the center of the City. Discussion on the downtown traffic per day. Do you
want to add more traffic to downtown? I will be the most adversely affected by this project.
Please consider the long term ramifications of changing the height limitation. General
discussion.
Mayor swears in Justin Woolston
Justin Woolston, 1880 S. Stream Point Lane, I own the properties located to the West. I attended
the neighborhood meeting. I have three concerns about this development one of them being the
parking garage. By seeing what they have presented tonight, I am pretty happy with what I have
seen. From being opposed to this I am now pretty happy with the direction they are going. It
will be nice to see something happening down there.
Mayor swears in Jack Stuart
Jack Stuart, 246 S. Neskowin Way, I sent a letter to the Council. The back of my property abuts
Aikens and Old Park Place. I can see they widened the sidewalks and added trees. I'm still
concerned about the height of the parking garage. I was thinking that this garage could be
lowered into the ground. I realize Tri-City Meats is an eye sore downtown.
Mayor swears in Tyler Archer
Tyler Archer, 133 N. Old Park Place, discussion on some of the concerns at the neighborhood
meeting. I'm new to Eagle and sometimes we lose site of the future. I think this is exciting and I
look forward to an exciting downtown where you take your kids. I think this is a good project
and is good for downtown.
Mayor swears in Randy Hetrick
Randy Hetrick, 14168 Plum Road, Caldwell, I am one of the owners of the Tri-City Meat
property, we are here tonight to ask you for this very important piece to make this project work.
The height is a critical need for the project. We are working with Ron Bath to make this a very
nice project. I think the current business owners would like to see more people downtown to
visit their shops.
Mayor swears in Nick Zewovich
Nick Zewovich, 6283 N. Fair Oaks Place, Boise, I would like you to read this letter from Rick
and Kathy Eells. Mayor reads Rick and Kathy's letter into the record. My wife and I were
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shopping at the new strip mall to the East and we drove downtown and nothing was going on. It
is time to bring growth downtown and bring the foot traffic downtown. I would like to ask you
for your approval of this project. General discussion.
Mayor swears in Linda Butler
Linda Butler, 1640 W. Washam Road, I own a business in downtown Eagle called Second
Avenue. I am here today to support this project. As a downtown business owner we are
struggling. I know of some businesses that are closing their business. People are not shopping in
Eagle because there is not a draw to bring them in. We have to look to the future or we are going
to have a downtown that is going to be very depressed. I have people from out of town that come
into my shop and people are asking for more shopping downtown. Ifwe don't provide this
people will not come to Eagle. It is important that we move forward.
Mayor swears in Mary Francis Agrusa
Mary Francis Agrusa, 2631 W. Conifer Drive, I believe this project is a catalyst for the
downtown. I don't think the building height will be that noticeable. From the town where I
come from there are one, two and three stories buildings and with the set backs for the three story
building it is not over bearing. The parking garage is tucked away behind other structures so I
don't think it will be an eye sore. I am in support of this project, a development of this caliber is
what we need downtown
Mayor swears in Mark Priday
Mark Priday, 2475 W. Brisbane, my wife and I own Rembrandt's and we are in full support of
this project. I am concerned that local business will not be able to stay in business. I believe that
we have a serious problem downtown. There are several business that are closing. We are
struggling. We need more people downtown. Discussion on the traffic in this area. During the
weekends and in the summertime Eagle is a ghost town, and the businesses are struggling. We
need to begin to foster and cultivate a future for downtown. Most businesses close at 7:00 p.m.
because there is no traffic. Many of the people that come through our doors are very excited
about this project. It is time that we do something downtown. Ifwe don't do something pretty
quick people are not going to be able to put a business in Eagle. I am in full support of this
proposed development. General discussion.
Mayor swears in C.J. Thompson
C.J. Thompson, 4831 Willow Creek Road, I've listen to the previous testimony. Everyone
agrees that we need some attention downtown. Discussion on the parking garage. It seems like
we could do a better job integrating the past with the future. Discussion on public involvement.
Discussion on the style of buildings.
Mayor swears in Debra Helton
Debra Helton, 1203 Ceramar Court, your right none of us like the Chevron and the Tri-City
Meats buildings. Discussion on the height exception. Why do we have limitations on the books
if we don't hold to them? Property owners know what their limitations are in the beginning.
Mayor swears in Kathy Pennisi
Kathy Pennisi, 3675 N. Saddleman Place, discussion on the language in the Comp Plan. It is
hard to see the scaling without seeing the other buildings around it. I can't imagine why we want
this parking structure at this location. You need to consider the traffic impact of the area.
Mayor swears in Mark Butler
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Mark Butler, 1640 W. Washam Road, Mark Priddy and I have had a lot of discussion on what we
have done downtown, which is a labor of love. The money that people make in these little shops
downtown is irritating. It is tough for people downtown. I am in full support of this project. I
leased my downstairs for $9 a square foot and the business could not stay in business. I quit
doing the land planning after we sold out the subdivision development and now I just do my
rental properties. Please don't hold up Ron Bath's development because of Sandy Smith, she
won't come to the table. I like the building. Businesses downtown are not a big money maker
for us. Bend and Boise has a mixture of big and small buildings and it works. We are going to
see a nice mix here. We need a boost in the downtown.
Mayor swears in Terry Christenson
Terry Christenson, Covey Run Court, I serve on the Economic Development Committee, Gary
Blaylock also serves on the Committee and he said he has not seen much development in the
downtown for 15 years. I am sick and tired of driving by this corner and it is nice to see someone
step up to the plate and do a project that is beautiful and it will help improve the downtown. Ron
has a lot of guts to do this project and I can't wait to see it go up.
Mayor swears in Jay Friday
Jay Friday, 1528 N Sunup Way, this comment is really from my wife; she said the architecture is
really great. Discussion on the subdivision developments in Eagle. I eat downtown 2-3 times a
week. I don't know if three stories really works, take the top floor off the building.
Mayor calls a recess at II :25 p.m.
Mayor reconvenes at II :30 p.m.
Ron Bath, I have distributed to you a letter that I received today from Gary Blaylock and I would
like to read it into the record. (Ron reads the letter into the record) What I am doing here is
presenting a project that could be a catalyst to a vibrant downtown Eagle. The reason for the
parking garage is two fold. This is a public parking garage that will serve the City of Eagle. The
top floor will be restricted for the condominium owners. Discussion on traffic. Discussion on
power lines. Kings owns parking lot and they need to retain that parking for the number of
businesses that are in that complex. It is hard for the City to building parking garages, you don't
have the land, and I am building a parking garage for public use. I am trying to bring people to
downtown Eagle. Discussion on the Velteck building in downtown Boise which is very similar
to my building.
Bob Niblett discusses the height of the building. General discussion.
Mayor closes the Public Hearing
General Council discussion.
Nordstrom in the matter of CU-14-07 - Parking Garage and Height Exception Request for
Eagle Colonade - Tri City Meats, I move to approve the height exception as presented by
staff with all comments. Seconded by Bandy. Discussion. THREE AYES: ONE
NAY(Bastian): MOTION CARRIES.....................
C. A-16-07 & RZ-23-07 - Annexation and Rezone from RUT to MU-DA - SB/LH Land
Comoanv (Flack/Carlock). LLC: SBICH Land Company (Flack/Carlock), LLC, represented
by Ashley Ford with WRG Design, Inc., is requesting an annexation and rezone from RUT
(Rural Urban Transition-Ada County Designation) to MU-DA (Mixed Use development
agreement in lieu of a PUD) for a Mixed Use Development including +1- 231.7 acres of
residential use (single-family and multi-family units) and +1- 55.9 acres of commercial uses. The
287.6-acre site is located at the Northeast corner of Beacon Light Road and State Highway 16.
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(MJW)
C I. Findinl!:s of Fact and Conclusions of Law for Annexation and Rezone from
RUT to MU-DA - SB/LH Land Company (Flack/Carlock). LLC: SBICH Land
Company (Flack/Carlock), LLC, represented by Ashley Ford with WRG Design,
Inc., is requesting an annexation and rezone from RUT (Rural Urban Transition-Ada
County Designation) to MU-DA (Mixed Use development agreement in lieu of a
PUD) for a Mixed Use Development including +/- 231.7 acres of residential use
(single-family and multi-family units) and +1- 55.9 acres of commercial uses. The
287.6-acre site is located at the Northeast corner of Beacon Light Road and State
Highway 16. (MJW)
Mayor introduces the issue.
Ashley Ford, representing the applicant, displays overheads and provides Council an overview of
the application. General discussion.
Planner Williams, displays overheads and provides an overview of the project. General
discussion.
Mayor opens the Public Hearing
Mayor swears in Victor Lowen
Victor Lowen, 262 N. Edgewood Lane, I own the property above the proposed annexed. I'm
very surprised by the proposed density. I object to the transition having to be on my property.
Discussion on water and sewer being provided.
Mayor swears in Jay Friday
Jay Friday, 1528 N. Sunup Way, displays overheads and discusses the same. Discussion on the
floodway. I think they are developing open space in a floodway. I was also at the Planning and
Zoning and they said it doesn't fit. Discussion on the commercial along Beacon Light.
Mayor swears in C.J. Thompson
C.J. Thompson, 4831 Willow Creek Road, displays overheads and discusses the project. This
project is really rushed. There is way too much density and I don't like the Village Center creep
down Beacon Light Road. Discussion on transportation.
Mayor swears in Joan Langdon
Joan Langdon, 4690 Hartley, discussion on the density. I see nothing that addresses access and
bike paths so people can move around. Discussion on the size of the home sites in the area.
believe the transition needs to be 5 acres. Displays her map and discusses the same.
Mayor swears in Mary Taylor
Mary Taylor, 3410 Hartley, I concur with Joan that this hearing should be continued because so
many people had to leave because of the lateness of the hour. There is not a lot ofland left in
this area. This plan does not retain the character of the area. Discussion on density. I am very
opposed to this. I urge you to give this more time.
Mayor swears in Kathy Pennisi
Kathy Pennisi, 3675 N. Saddleman PI., I want to address the Village Planning Area. I looked at
the application and it states that they want to apply the Village Planning Area. Discussion on the
traffic and I hope you will really look at transportation.
Council discussion on leaving the Public Hearing open.
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Guerber moves to continue A-16-07 & RZ-23-07 - Annexation and Rezone from RUT to
MU-DA - SB/LH Land Company (Flack/Carlock), LLC and Item #Cl. to the December 18,
2007 City Council meeting and leaving the Public Hearing Open. Seconded by Bastian.
ALL AYE: MOTION CARRIES..............
Bastian moves to continue the remainder of the Public Hearings to the December 18, 2007
City Council meeting. Seconded by Nordstrom. Discussion. ALL AYES: MOTION
CARRIES................. ...
B. A-04-07 & RZ-04-07 - Annexation and Rezone from RUT to MU-DA - CMH
Development: CMH Development, represented by Walter Lindgren with Johnson Architects, is
requesting an annexation and rezone from RUT (Rural Urban Transition - Ada County
Designation) to MU-DA (Mixed Use with a development agreement) for a Mixed use
development including +/- 15 acres of residential uses at 5.0 units per acres and +1- 4 acres of
non-residential uses including +1- 7 acres of winery facilities and +1- 7 acres of retail commercial
uses. The 31.17 -acre site is generally located north of Beacon Light Road and south of Palmer
Lane, west of State Highway 16, north of the River Birch Golf Course. (NBS)
B I. Findinl!:s of Fact and Conclusions of Law for A-04-07 & RZ-04-07 - Annexation
and Rezone from RUT to MU-DA - CMH Development: CMH Development,
represented by Walter Lindgren with Johnson Architects, is requesting an annexation
and rezone from RUT (Rural Urban Transition - Ada County Designation) to MU-
DA (Mixed Use with a development agreement) for a Mixed use development
including +1- 15 acres of residential uses at 5.0 units per acres and +/- 4 acres of non-
residential uses including +/- 7 acres of winery facilities and +1- 7 acres of retail
commercial uses. The 3l.17-acre site is generally located north of Beacon Light
Road and south of Palmer Lane, west of State Highway 16, north of the River Birch
Golf Course. (NBS)
D. A-17-07 & RZ-24-07 - Annexation and Rezone from RUT to MU-DA - CMH
Development: CMH Development, represented by Walter Lindgren with Johnson Architects, is
requesting an annexation and rezone from RUT (Rural Urban Transition- Ada County
Designation) to MU-DA (Mixed Use with a development agreement in lieu of a PUD) for
Village Gateway, a mixed use commercial development including a hotel site, retail and
restaurant uses, and a convenience store with a fuel station. The I 0.65-acre site is located on the
southeast corner of Beacon Light Road and State Highway 16. (NBS)
D I. Findinl!:s of Fact and Conclusions of Law for A-17-07 & RZ-24-07 - Annexation
and Rezone from RUT to MU-DA - CMH Development: CMH Development,
represented by Walter Lindgren with Johnson Architects, is requesting all annexation
and rezone from RUT (Rural Urban Transition- Ada County Designation) to MU-DA
(Mixed Use with a development agreement in lieu of a PUD) for Village Gateway, a
mixed use commercial development including a hotel site, retail and restaurant uses,
and a convenience store with a fuel station. The I 0.65-acre site is located on the
southeast corner of Beacon Light Road and State Highway 16. (NBS)
E. CU-14-07 - ParkiDl! Garal!:e and Heil!:ht Exception Reauest for Eal!:le Colonade - Tri
City Meats: Tri City Meats, represented by Bob Niblett with Niblett & Associates Architects, is
requesting a conditional use permit for the construction of an 84-space parking garage and a
conditional use height exception for a 58-foot high mixed-use building and a 58-foot high
parking garage for the Eagle Colonade project. The 0.91-acre site is located on the south side of
West State Street approximately I 34-feet west of Eagle Road at 45 West State Street. (WEV)
Page 10
K.\CQUNCIL\MINUTES\Temporal)' Minutes Work Area\CC-12-II-07min doc
By motion, heard as Item #B.
8. NEW BUSINESS:
A. Ordinance No. 594 illormeachea Prooertvl: An ordinance annexing certain real property
situated in the unincorporated area of Ada County, Idaho, and contiguous to the corporate limits
of the City of Eagle, to the City of Eagle, Idaho; establishing the zoning classification of said real
property described herein; amending the zoning map of the City of Eagle to reflect said changes;
directing that copies of this ordinance be filed as provided by law; and providing an effective
date. (WEV)
Guerber moves to continue Ordinance No. 594 (Hormeachea Property) to the December 18,
2007 City Council meeting. Seconded by Bastian. ALL AYES: MOTION CARRIES......
B. Start uo and ooeration of western area water system: (VB)
Mayor introduces the issue.
Nordstrom moves in regards to the decision to contract with Holladay Engineering to
expand the scope of work to include starting to develop the standard operating for the
water system and to provide system support in terms ofa ramp schedule as new hooks up
come on line that I authorize the City to enter into a month to month contract per the
outline that has been shared with us by Holladay with the charges set as Step One with an
initial cost of a flat fee of $4,500.00 and Step Two to begin once we initiate with the first
hook up ofthe new system in the Western Area and the scope ofservices would then go to
$5,100.00 a month not to exceed until we grew the system and at such time we will be down
the road where we will review the contract prior to extending past Step Two of the
proposal. Seconded by Bandy. Discussion. Bastian: AYE; Guerber: AYE; Nordstrom:
AYE; Bandy: AYE; ALL AYES: MOTION CARRIES................
Guerber do we need to note that our Mayor will be going to Switzerland in 2 1/2 hours.
Guerber will be acting as Mayor during the absence of Mayor Merrill.
9. ADJOURNMENT:
Bandy moves to adjourn. Seconded by Bastian. ALL AYES: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 1:45 a.m.
Respectfully submitted:
~H~b~~A~
CITY CLERK/TREASURER
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A TRANSCRlBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE CITY
HALL
Page II
K\COUNCIL\MINUTES\Temporary Minutes Work ArealCr -12-II-07min doc
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
CU -14-07 — Parking Garage and Height Exception Request for Eagle
Tri City Meats
December 11, 2007 6:00 n.m.
NAME
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NAME
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
A-16-07 & RZ-23-07 - Annexation and Rezone from RUT to MU -DA —
1 0 t2k0
SB/LH Land Company (Flack/Carlock), LLC
December 11, 2007 6:00 p.m.
44.
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TELEPHONE/E-MAIL
HVA1-/1 01(n
TESTIFY
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
Ordinance No. 592 (Urban Renewal Plan)
December 11, 2007 6:00 p.m.
ADDRESS/
TELEPHONE/E-MAIL
73 &y Lf 7 srafi 7-f $ 3 69
02 52_
NAME
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Ttst 1/4k1 7,,r�
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TESTIFY
YES/NO? PRO/CON
11
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGNUP SHEET
A-17-07 & RZ-24-07 - Annexation and Rezone from RUT to MU -DA —
CMH Development:
December 11, 2007 6:00 p.m.
NAME
ADDRESS/
TELEPHONE/E-MAIL
(305- S_Srktri_,N4,(N
TESTIFY
YES/NO? PRO/CON
A40 eei-v4
- (a -vi
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
A-04-07 & RZ-04-07 — Annexation and Rezone from RUT to MU -DA
CMH Development
December 11, 2007 6:00 p.m.
ADDRESS/ TESTIFY
TELEPHONE/E-MAIL YES/NO? PRO/CON
Mike Williams
From: Nichoel Baird
Sent: Wednesday, October 24, 2007 4:37 PM
To: Mike Williams
Subject: FW: Tentative timeline for SH16 & BL area
Nichoel R. Baird Spencer, MCRP, AICP
Planner III
City of Eagle
(208) 939-0227
(208)938-3854 (fax)
From: Nichoel Baird
Sent: Friday, October 19, 2007 12:33 PM
To: 'Ashley Ford'; Justin.Blackstock@RBHOME.US; 'Walt Lindgren'; Steve Guerber
Cc: Susan E. Buxton; Bill Vaughan
Subject: Tentative timeline for SH16 & BL area
Page 1 of 1
RECEIVED & FILED
CITY OF EAGLE
_OCT 2 -4-2007
File:
Route to:
This is tentative and very tight all applications must be in a must be ready for hearing upon submittal if not this
timeline will not work.
October 24 @ 5:OOpm
October 25
October 29
November 9
November 19
November 22
November 26
December 3
December 11
January 8, 2008
Submittal cutoff (Must have an appointment)
Transmittal to agencies for P&Z
Publication in Valley Times for P&Z
Deadline for site posting by applicants
Planning & Zoning Commission Hearing
Transmittal to agencies for City Council
Publication in Valley Times for CC
Findings of facts at P&Z
City Council Hearing
Findings at CC (this is after the new mayor is in office)
This is as tight as It gets. Please let me know ASAP if you are going to try for this timeline I will be utilizing other
staff as possible to keep this going.
Nichoel R. Baird Spencer, MCRP, AICP
Planner III
City of Eagle
(208) 939-0227
(208)938-3854 (fax)
10/24/2007
Madam Mayor
Members of the Eagle City Council
I am Ron Marshall, and I live at 740 Palmetto Drive in Eagle. Three
others attending tonight have allowed me to use their time before you
tonight, so I will be talking longer than three minutes.
This application before you requests that the city approve an increase in
the height limit from the presentlfeet and two stories to 58 feet and
three stories. If this approval is given, a developer is prepared to
construct a three story building including a three story parking garage
one-half block from the intersection of Eagle Road and State Street.
If this happens it will spell the end of downtown Eagle as we know it.
There is other vacant property waiting to be developed in downtown
Eagle and other applications to build to 58 feet and three levels are sure
to follow soon. Most of the vacant land is on the south side of State
Street downtown. If this happens, it won't be long before the property
on the north side will also be under consideration for three story
buildings.
Can you imagine almost a three block area of downtown Eagle with
three story buildings towering over the few remaining older buildings.
Heritage Park could suddenly be in a partial tunnel. What happened to
the pedestrian friendly, open space downtown where people can walk
around, enjoy the view, visit the restaurants and shops without feeling
that they are in downtown Boise? Do we really need a three level
parking garage?
We need to redevelop downtown Eagle, but the fact that we haven't
done so yet doesn't seem to have stopped people from moving here. A
lot of the controversy in the recent mayoral election seemed to center
around the residents wanting Eagle to remain open and not developed
in a manner which will increase density. This is equally true of
downtown Eagle. It seems that a three level building will certainly
increase density downtown.
This public hearing should not be the usual public hearing where
property owners within 300 feet are notified so they can come and
support or disapprove of the application. This notice should have been
sent to everyone in Eagle because it will ultimately affect everyone and
will forever change downtown. I am sure that very few people are
aware of this application and this was confirmed when I asked several
people if they approve or disapprove. They didn't even know about it!
In this case, the property owners are holding the city and its citizens
hostage by allowing their property to be an eyesore, but demanding
such a high price for it that a developer must build three stories to make
his investment turn a profit. I urge you not to let these unreasonable
demands dictate the future of Eagle.
In this case, both the city and any developer involved are not doing their
job as they should. There are several properties adjoining downtown
that could be rezoned and could become parking lots, property that
would be considerably cheaper.
When Idaho Power wanted to put the larger, higher poles from their
substation out to the bypass, I recall the arguments from Eagle City on
how it was going to be an eyesore for downtown Eagle and obstruct the
views. We wound up with a 70 foot pole on Eagle Road and the alley. Is
58 feet far behind?
In the recent election and afterward, it was stated that Eagle City
needed to make the citizens more informed on the city's plans and have
better communication with our residents. This is certainly one of those
issues.
I urge the council to deny this and any future applications that request
any building higher than the present,cfeet. Change and removal of
some buildings that are no longer useful is inevitable, but let's not
totally destroy the small town feeling of downtown Eagle.
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DECEMBER 11, 2007
MAYOR AND COUNCIL MEMBERS
THE CURRENT TRAFFIC COUNT ON EAGLE ROAD BETWEEN PLAZA AND
STATE STREET IS 21,600 VEHICLES DAILY.
CURRENT TRAFFIC ON AIKENS ON THE WEST SIDE OF EAGLE ROAD
DAILY AVERAGE OF 591 CARS WEST BOUND WITH A DAILY
AVERAGE OF 371 CARS EAST BOUND.
CURRENT TRAFFIC ON THE EAST SIDE OF EAGLE ROAD
DAILY AVERAGE OF 364 CARS EAST BOUND WITH A DAILY
AVERAGE OF 138 CARS WEST BOUND
THESE TRAFFIC COUNTS WERE TAKEN DECEMBER 3-7, 2007.
1. DO YOU WANT TO ADD MORE TRAFFIC AT THIS ALREADY HECTIC
INTERSECTION JUST ONE BLOCK SOUTH OF STATE STREET?
ALL EGRESS/INGRESS FROM THIS PROJECT IS TO USE AIKENS
AND WILL EMPTY ON EITHER STATE OR EAGLE ROAD.
2. EAGLE IS MY HOMETOWN AND, YES, I WILL BE THE MOST ADVERSELY
AFFECTED BY THIS PROJECT BUT I DOUBT THERE IS ANYONE IN THIS
ROOM WHO WANTS TO LIVE NEXT TO A 58' GARAGE.
3. HOW MANY RESIDENTS OF EAGLE WANT TO SEE MORE TRAFFIC AT
THE INTERSECTION OF AIKENS AND EAGLE ROAD?
PLEASE CONSIDER THE LONG TERM RAMIFICATIONS OF CHANGING THIS
HEIGHT LIMIT AS THE CORE OF EAGLE AS WE NOW KNOW IT WILL BE A
THING OF THE PAST. WE WILL SOON LOOK LIKE "ANYWHERE USA"
THANK YOU FOR YOUR TIME.
December. 11. 2007
Rick and Cathy EelIs
168 S. Grandean Way
Eagle, ID 83616
208-939-4830
Dear Mayor and City Council,
Rick and I were unable to attend tonight's meeting.
Rick and I are native Idahoans who resided in Caldwell, Idaho for over
50 years. We watched as the city fathers chose to
live in a virtual time warp, they had no vision for Caldwell's future.
Caldwell has continued to decline for 40 years, the
result is a downtown that has few viable businesses and numerous
rundown vacant buildings.
We moved to Eagle in 2005, we enjoy the small town atmosphere,
however, we know that several small business have
come and gone, and that many businesses are opening on the south
side of Highway 44. If approved, the new building
on the Tri -City property would be a gigantic leap forward for downtown
Eagle, it would enhance the corner of Old State and
Eagle Road, and provide more retail space for new businesses which
Eagle sorely needs.
Progress is inevitable, it is imperative that Eagle changes with the
growth happening in the valley. If you want to see the
results of lack of vision, drive twenty-six miles west to downtown
Caldwell.
Sincerely,
Evan's Building Center
931 E. State Street
Eagle, Idaho 83617
December 11, 2007
Eagle City Council
Eagle, Idaho 83616
Dear City Council:
CC -
Tonight you will be taking public testimony on Ron Bath's project located where
the Tri -City Meats building currently stands. I was involved in the comprehensive
plan for downtown Eagle starting in 1998. One of the main goals of the comp plan
then and carrying into the current comp plan was encouraging business growth
downtown. Since 1998, numerous competitive developments have been approved
(including the new Lakemoor Lifestyles development) without any significant
downtown development. The comp plan envisions a vibrant, family friendly
downtown area that is the core of Eagle. That vision has not occurred in our
downtown and will not occur without some changes.
Downtown Eagle needs Ron's project. Downtown Eagle needs a major draw to
start a new and vibrant downtown. The more retail, office and restaurants that can
be built in downtown will help all business downtown. Eagle residents need a
reason to shop local and not travel out of Eagle.
Even though Ron's project is 3 stories high, I do not believe that all future
buildings in the downtown will be 3 stories. I think that we will have a mix of 2 and
3 story buildings that will give downtown a good look.
If the City Council does not encourage downtown business growth by approving
projects such a Ron's, I believe we will have a continued blighted downtown that
may never be built out. Every day increased competition with retail projects being
approved and built outside the downtown area make it increasingly risky to build
downtown.
Please vote for a vibrant downtown Eagle and approve Ron's project.
Sincerely,
Gary Blaylock
Treasurer
14 -Dec -2007 01:37 PM Ada County Highway District 208-387-6179
Afigg
80....0`414.
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Phone
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Rd.
Prom:
Pages:
Date:
CC:
0 Urgent 0 For Review 0 Phase Comment
• Comments:
CG/2-//-7 1/3
Jahn & Prandel, President
Rebecca W. Arnold, Vise President
Sherry R. Huber, Commissioner
David Bivene, Commissioner
Carol A. McKee, Commissioner
51
(including cover)
1zila 07
0 Please Reply 0 Please Recycle
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387 6100 • FX 387.6391 • www.achd.8da.ld.ua
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2007 Eagle Comprehensive Plan
11/27/2007
6.3.4 Residential Two
Suitable primarily for single family residential development within areas that are rural in character. An
allowable density of up to 2 units per 1 acre.
6.3.5 Residential Three
Suitable primarily for single family residential development within an urbanized setting. An allowable
density of up to 3 units per 1 acre.
6.3.6 Residential Four
Suitable primarily for single family residential development within an urbanized setting. An allowable
density of up to 4 units per 1 acre.
6.3.7 Residential Six Plus
Suitable primarily for multi -family housing including apartments, town homes and duplexes within the
urbanized setting adjacent to designated transit corridors. An allowable density of up to 10 units per 1
acre.
6.3.8 Residential Transition
Residential development that provides for a transition of density within the planning area while keeping
in context the density, scaling and lot sizes of existing or proposed uses. Commonly requires changes in
lot dimensions and scaling, see specific planning area text for a complete description.
6.3.9 Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within the Central Business District (CBD). Development
within this land use designation should be required to proceed through the PUD and/or Development
Agreement process, see specific planning area text for a complete description. An allowable density of
up to 10 units per 1 acre
6.3.10 Commercial
Suitable primarily for the development of a wide range of commercial activities including offices, retail
and service establishments. Uses should complement uses within the Central Business District (CBD).
6.3.11 Central Business District
Suitable primarily for development that accommodates and encourages further expansion and renewal in
the downtown core business area of the community. A variety of business, public, quasi -public,
cultural, residential and other related uses are encouraged. The greatest possible concentration of retail
sales and business is to occur in this land use designation. Pedestrian friendly uses and developments
are encouraged. Land within this district requires a CBD zoning
designation upon any rezone.
Page 31 of 134
Public Notices
/,7-/1-0 7 Page 1 of 2
LEGAL NOTICE NOTICE OF TRUSTEE'S SALE ON THE 1ST
LEGAL NOTICE NOTICE OF TRUSTEE'S SALE On the 1st day of April, 2008, at the hour of 11:30 a.m. of this
day (recognized local time), in the office of TitleOne Corporation, 1101 West River Street, Suite 201, Boise,
Idaho 83702, in the County of Ada, State of Idaho, TitleOne Corporation, an Idaho corporation, as trustee,
will sell at public auction to the highest bidder, for cash or cashier's check (cash equivalent), in lawful money
of the United States, all payable at the time of sale in compliance with Section 45-1506(9) Idaho Code, the
following described real property, situated in Ada County, State of Idaho, and described as follows to wit:
See Attached Exhibit A The Trustee has no knowledge of a more particular description of the above
referenced real property, but for purposes of compliance with Section 60-113, Idaho Code, the Trustee has
been informed that according to the County Assessors office, the address of Rockbridge Sub Phase 7, Star,
ID, 83669, is sometimes associated with said real property. Said sale will be made without covenant or
warranty regarding title, possession, or encumbrances to satisfy the obligation secured by and pursuant to
the power of sale conferred in the Deed of Trust executed by Corinthian Communities, Inc., a California
corporation, as Grantor(s), to TitleOne Corporation, an Idaho corporation, as trustee, and RBC Centura
Bank, a North Carolina banking corporation, as Beneficiary, recorded January 5, 2007, as Instrument No.
107002426, in the records of Ada County, Idaho. THE ABOVE GRANTORS ARE NAMED TO COMPLY WITH
SECTION (45-1506)(4)(A), IDAHO CODE. NO REPRESENTATION IS MADE THAT THEY ARE, OR ARE NOT,
PRESENTLY RESPONSIBLE FOR THIS OBLIGATION. The default for which this sale is to be made is the failure
to pay interest when due and failure to perform covenants and obligations secured by the Deed of Trust,
including, without limitation, failure to prosecute the A&D Improvements with diligence and continuity, and
failure to provide quarterly and annual financial statements from Borrower and Guarantors. All amounts are
now due, together with unpaid and accruing taxes, assessments, trustee's fees, attorney's fees, costs and
advances made to protect the security associated with this foreclosure and that the beneficiary elects to sell
or cause the trust property to be sold to satisfy said obligation. Dated: November 30, 2007 TITLEONE
CORPORATION Trustee By: Amy L. Wilcoxson Trust Officer Exhibit A (1 of 2) A tract of land situated in a
portion of Lot 4 in Block 1 of STEVENS SUBDIVISION situated in the East 1/2 of Section 8, Township 4
North, Range 1 West, Boise Meridian, City of Star, Ada County, Idaho, described as follows: Commencing at
a 5/8 inch steel pin monumenting the South One Quarter Corner of said Section 8, thence following the
Westerly line of the Southeast One Quarter of said Section 8, North 00°26'33" East a distance of 2646.64
feet to a 5/8 inch steel pin monumenting the Northwest corner of the said Southeast One Quarter ; thence
leaving said Westerly line of said Southeast One Quarter and following the Westerly line of the Northeast
One Quarter of said Section 8 North 00°26'33" East a distance of 199.90 feet to a 5/8 inch steel pin and the
POINT OF BEGINNING; thence following said Westerly line of the Northeast One Quarter North 00°26'33"
East a distance of 1,002.83 feet to a point from which bears a witness corner monumented by a 5/8 inch
steel pin South 00°26'33" West a distance of 71.09 feet; thence leaving said Westerly line North 84°03'57"
East a distance of 712.49 feet to a 5/8 inch steel pin; thence North 87°58'48" East a distance of 612.83 feet
to a 5/8 inch steel pin; thence South 00°28'35" West a distance of 70.01 feet to a 5/8 inch steel pin; thence
South 88°43'05" East a distance of 1,138.53 feet to a 5/8 inch steel pin; thence South 69°27'04" East a
distance of 151.04 feet to a 5/8 inch steel pin on the Westerly right-of-way of N. Plummer Road; thence
following said Westerly right-of-way South 00°30'38" West a distance of 491.78 feet to a 5/8 inch steel pin;
thence leaving said Westerly right-of-way, 31.20 feet following the arc of a circular curve to the left, said
curve having a radius of 20.00 feet, a central angle of 89°23'22", a chord bearing of North 44°11'03" West
and a chord distance of 28.13 feet to a 5/8 inch steel pin; thence North 88°52'44" West a distance of
1,106.73 feet to a 5/8 inch steel pin; thence 20.04 feet following the arc of a circular curve to the left, said
curve having a radius of 20.00 feet, a central angle of 57°25'16", a chord bearing of South 62°24'38" West
and a chord distance of 19.22 feet to a 5/8 inch steel pin and point of reverse curvature; thence 115.27 feet
following the arc of a circular curve to the right, said curve having a radius of 45.00 feet, a central angle of
146°45'50", a chord bearing of North 72°55'05" West and a chord distance of 86.24 feet to a 5/8 inch steel
pin; thence South 00°27'50" West a distance of 4.48 feet to a 5/8 inch steel pin; thence North 88°52'44"
West a distance of 73.07 feet to a 5/8 inch steel pin; thence North 01°07'16" East a distance of 50.00 feet
to a 5/8 inch steel pin; thence North 88°52'44" West a distance of 42.09 feet to a 5/8 inch steel pin; thence
53.38 feet following the arc of a circular curve to the right, said curve having a radius of 60.00 feet, a
central angle of 50°58'38", a chord bearing of North 63°23'25" West and a chord distance of 51.64 feet to a
5/8 inch steel pin and point of reverse curvature; thence 16.47 feet following the arc of a circular curve to
the left, said curve having a radius of 75.00 feet, a central angle of 12°35'09", a chord bearing of North 44°
11'40" West and a chord distance of 16.44 feet to a 5/8 inch steel pin and point of reverse curvature; thence
53.81 feet following the arc of a circular curve to the right, said curve having a radius of 60.00 feet, a
central angle of 51°23'18", a chord bearing of North 24°47'36" West and a chord distance of 52.03 feet to a
5/8 inch steel pin; thence South 89°25'59" West a distance of 50.11 feet to a 5/8 inch steel pin; thence
74.63 feet following the arc of a non tangent curve to the right, said curve having a radius of 825.00 feet, a
central angle of 5°10'59", a chord bearing of North 03°28'34" East and a chord distance of 74.61 feet to a
5/8 inch steel pin and point of reverse curvature; thence 72.43 feet following the arc of a circular curve to
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Public Notices
a
Page 2 of 2
the left, said curve having a,radius of 72.43 feet, a central angle of 33°12'03", a chord bearing of North 10°
31'58" West and a chord distance of 71.42 feet to a 5/8 inch steel pin; thence South 03°04'21" West a
distance of 80.46 feet to a 5/8 inch steel pin; thence North 83°31'36" West a distance of 83.05 feet to a 5/8
inch steel pin; thence North 67°12'57" West a distance of 92.70 feet to a 5/8 inch steel pin; thence South
86°44'34" West a distance of 261.40 feet to a 5/8 inch steel pin; thence South 76°41'03" West a distance of
88.92 feet to a 5/8 inch steel pin; thence South 79°22'26" West a distance of 85.91 feet to a 5/8 inch steel
pin; thence Exhibit A (2 of 2) North 16°14'12" West a distance of 125.32 feet to a 5/8 inch steel pin; thence
20.47 feet following the arc of a non tangent curve to the left, said curve having a radius of 275.00 feet, a
central angle of 4°15'57", a chord bearing of South 61°28'02" West and a chord distance of 20.47 to a 5/8
inch steel pin; thence South 16°14'12" East a distance of 125.23 feet to a 5/8 inch steel pin; thence South
51°23'07" West a distance of 69.72 feet to a 5/8 inch steel pin; thence South 21°18'01" West a distance of
171.76 feet to a 5/8 inch steel pin; thence South 00°42'33" East a distance of 78.79 feet to a 5/8 inch steel
pin; thence North 84°47'16" West a distance of 116.90 feet to a 5/8 inch steel pin; thence 20.04 feet
following the arc of a non tangent curve to the left, said curve having a radius of 1,025.00 feet, a central
angle of 1°07'13", a chord bearing of South 01°35'39" West and a chord distance of 20.04 feet to a 5/8 inch
steel pin; thence South 84°4716" East a distance of 115.73 feet to a 5/8 inch steel pin; thence South 09°
22'15" West a distance of 169.52 feet to a 5/8 inch steel pin; thence South 14°52'58" West a distance of
93.03 feet to a 5/8 inch steel pin; thence North 90°00'00" West a distance of 80.87 feet to a 5/8 inch steel
pin; thence 61.72 feet following the arc of a non tangent curve to the left, said curve having a radius of
175.00 feet, a central angle of 20°12'23", a chord bearing of South 28°20'51" East and a chord distance of
61.40 feet to a 5/8 inch steel pin; thence South 51°32'58" West a distance of 50.00 feet to a 5/8 inch steel
pin; thence 48.00 feet following the arc of a non tangent curve to the right, said curve having a radius of
48.00 feet, a central angle of 110°00'32", a chord bearing of South 16°33'14" West and a chord distance of
40.96 feet to a 5/8 inch steel pin; thence 21.79 feet following the arc of a circular curve to the right, said
curve having a radius of 75.00 feet, a central angle of 16°38'39", a chord bearing of South 79°52'49" West
and a chord distance of 21.71 feet to a 5/8 inch steel pin; thence South 88°12'09" West a distance of
210.50 feet to the POINT OF BEGINNING. Order No.: TS0700359 Pub. Dec. 7,14,21,28, 2007
Appeared in: Idaho Statesman
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c_ i;
LEGAL NOTICE NOTICE OF TRUSTEE'S SALE ON THE 1ST
LEGAL NOTICE NOTICE OF TRUSTEE'S SALE On the 1st day of April, 2008, at the hour of 11:00 a.m. of this
day (recognized local time), in the office of TitleOne Corporation 1101 W. River Street, Suite 201, Boise,
Idaho 83702, in the County of Ada, State of Idaho, TitleOne Corporation, an Idaho corporation, as trustee,
will sell at public auction to the highest bidder, for cash or cashier's check (cash equivalent), in lawful money
of the United States, all payable at the time of sale in compliance with Section 45-1506(9) Idaho Code, the
following described real property, situated in Ada County, State of Idaho, and described as follows to wit: A
tract of land situated in a portion of Lot 4 in Block 1 of STEVENS SUBDIVISION, situated in the East Half of
Section 8, Township 4 North, Range 1 West, Boise Meridian, City of Star, Ada County, Idaho, described as
follows: Commencing at a 5/8 inch steel pin monumenting the South one quarter corner of said Section 8;
thence following the westerly line of the Southeast one quarter of said Section 8 North 00°26'33" East a
distance of 2646.64 feet to a 5/8 inch steel pin monumenting the Northwest corner of the said Southeast
one quarter and the POINT OF BEGINNING; thence leaving the westerly line of said Southeast one quarter
and following the westerly line of the Northeast one quarter of said Section 8 North 00°26'33" East a
distance of 199.90 feet to a 5/8 inch steel pin; thence leaving said westerly line North 88°12'09" East a
distance of 210.50 feet to a 5/8 inch steel pin; thence 21.79 feet following the arc of a circular curve to the
left, said curve having a radius of 75.00 feet, a central angle of 16°38'40", a chord bearing of North 79°
52'49" East and a chord distance of 21.71 feet to a 5/8 inch steel pin; thence 48.00 feet following the arc of
a circular curve to the left, said curve having a radius of 25.00 feet, a central angle of 110°00'32", a chord
bearing of North 16°33'14" East and a chord distance of 40.96 feet to a 5/8 inch steel pin; thence North 51°
32'58" East a distance of 50.00 feet to a 5/8 inch steel pin; thence 61.72 feet following the arc of a non
tangent curve to the right, said curve having a radius of 175.00 feet, a central angle of 20°12'23", a chord
bearing of North 28°20'51" West and a chord distance of 61.40 feet to a 5/8 inch steel pin; thence South
90°00'00" East a distance of 80.87 feet to a 5/8 inch steel pin; thence North 14°52'58" East a distance of
93.03 feet to a 5/8 inch steel pin; thence North 09°22'15" East a distance of 169.52 feet to a 5/8 inch steel
pin; thence North 84°47'16" West a distance of 115.73 feet to a 5/8 inch steel pin; thence 20.04 feet
following the arc of a non tangent curve to the left, said curve having a radius of 1,025.00 feet, a central
angle of 01°07'13", a chord bearing of North 01°35'39" East and a chord distance of 20.04 feet to a 5/8 inch
steel pin; thence South 84°47'16" East a distance of 116.90 feet to a 5/8 inch steel pin; thence North 00°
42'33" West a distance of 78.79 feet to a 5/8 inch steel pin; thence North 21°18'01" East a distance of
171.76 feet to a 5/8 inch steel pin; thence North 51°23'07" East a distance of 69.72 feet to a 5/8 inch steel
pin; thence North 16°14'12" West a distance of 125.23 feet to a 5/8 inch steel pin; thence 20.47 feet
following the arc of a circular curve to the right, said curve having a radius of 275.00 feet, a central angle of
04°15'57", a chord bearing of North 61°28'02" East and a chord distance of 20.47 feet to a 5/8 inch steel
pin; thence South 16°14'12" East a distance of 125.32 feet to a 5/8 inch steel pin; thence North 79°22'26"
East a distance of 85.91 feet to a 5/8 inch steel pin; thence North 76°41'03" East a distance of 88.92 feet to
a 5/8 inch steel pin; thence North 88°44'34" East a distance of 261.40 feet to a 5/8 inch steel pin; thence
South 87°12'57" East a distance of 92.70 feet to a 5/8 inch steel pin; thence South 83°31'36" East a
distance of 83.05 feet to a 5/8 inch steel pin; thence North 03°04'21" East a distance of 80.46 feet to a 5/8
inch steel pin; thence 72.43 feet following the arc of a non tangent curve to the right, said curve having a
radius of 125.00 feet, a central angle of 33°12'03", a chord bearing of South 10°31'58" East and a chord
distance of 71.42 feet to a 5/8 inch steel pin; thence 74.63 feet following the arc of a reverse curve to the
left, said curve having a radius of 825.00 feet, a central angle of 05°10'59", a chord bearing of South 03°
28'34" West and a chord distance of 74.61 feet to a 5/8 inch steel pin; thence North 89°25'59" East a
distance of 50.11 feet to a 5/8 inch steel pin; thence 53.81 feet following the arc of a circular curve to the
left, said curve having a radius of 60.00 feet, a central angle of 51°23'18", a chord bearing of South 24°
47'36" East and a chord distance of 52.03 feet to a 5/8 inch steel pin; thence 16.47 feet following the arc of
a reverse curve to the right, said curve having a radius of 75.00 feet, a central angle of 12°35'09", a chord
bearing of South 44°11'40" East and a chord distance of 16.44 feet to a 5/8 inch steel pin; thence 53.38
feet following the arc of a reverse curve to the left, said curve having a radius of 60.00 feet, a central angle
of 50°58'38", a chord bearing of south 63°23'25" East and a chord distance of 51.64 feet to a 5/8 inch steel
pin; thence South 88°52'44" East a distance of 42.09 feet to a 5/8 inch steel pin; thence South 01°07'16"
West a distance of 50.00 feet to a 5/8 inch steel pin; thence South 88°52'44" East a distance of 73.07 feet
to a 5/8 inch steel pin; thence South 00°27'50" West a distance of 738.49 feet to a 5/8 inch steel pin;
thence North 88°50'54" West a distance of 47.06 feet to a 5/8 inch steel pin on the southerly line of the
Northeast one quarter of said Section 8; thence following said southerly line North 88°52'31" West a
distance of 650.70 feet to a 5/8 inch steel pin; thence leaving said southerly line South 00°00'00" West a
distance of 117.13 feet to a 5/8 inch steel pin; thence North 65°17'22" West a distance of 13.96 feet to a
5/8 inch steel pin; thence North 20°20'50" West a distance of 14.06 feet to a 5/8 inch steel pin; thence
South 71°33'54" West a distance of 50.02 feet to a 5/8 inch steel pin; thence South 20°20'50" East a
distance of 15.73 feet to a 5/8 inch steel pin; thence South 24°43'46" West a distance of 21.64 feet to a 5/8
inch steel pin; thence 53.05 feet following the arc of a non tangent curve to the right, said curve having a
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, Public Notices Page 2 of 2
radius of 125.00 feet, a central angle of 24°19'05", a chord bearing of South 84°12'01" West and a chord
distance of 52.66 feet to a 5/8 inch steel pin; thence North 01°18'05" East a distance of 125.29 feet to a 5/8
inch steel pin; thence North 60°42'25" West a distance of 65.07 feet to a 5/8 inch steel pin on the southerly
line of the Northeast one quarter of said Section 8; thence following said southerly line North 88°52'31"
West a distance of 501.00 feet to the POINT OF BEGINNING. Now known as Rockbridge Subdivision Phase 6,
according to the official plat thereof, filed in Book 96 of Plats at Page(s) 12025 through 12030, official
records of Ada County, Idaho. EXCLUDING THEREFROM: Lots 20,21,22,23,24 and 25 in Block 13; Lots
9,10,11 and 12 in Block 14; and Lots 2,3,4 and 8 in Block 15 of Rockbridge Subdivision Phase 6. The
Trustee has no knowledge of a more particular description of the above referenced real property, but for
purposes of compliance with Section 60-113, Idaho Code, the Trustee has been informed that according to
the County Assessors office, the address of Various Lots in Rockbridge Sub No. 6, Star, ID 83669, is
sometimes associated with said real property. Said sale will be made without covenant or warranty
regarding title, possession, or encumbrances to satisfy the obligation secured by and pursuant to the power
of sale conferred in the Deed of Trust executed by Corinthian Communities, Inc., a California corporation, as
Grantor(s), to TitleOne Corporation, an Idaho corporation, as trustee, and RBC Centura Bank, a North
Carolina banking corporation, as Beneficiary, recorded June 7, 2006, as Instrument No. 106090259, in the
records of Ada County, Idaho. THE ABOVE GRANTORS ARE NAMED TO COMPLY WITH SECTION (45-1506)(4)
(A), IDAHO CODE. NO REPRESENTATION IS MADE THAT THEY ARE, OR ARE NOT, PRESENTLY RESPONSIBLE
FOR THIS OBLIGATION. The default for which this sale is to be made is the failure to pay interest when due
and failure to perform covenants and obligations secured by the Deed of Trust, including, without limitation,
failure to prosecute the A&D Improvements with diligence and continuity, and failure to provide quarterly
and annual financial statements from Borrower and Guarantors. All amounts are now due, together with
unpaid and accruing taxes, assessments, trustee's fees, attorney's fees, costs and advances made to protect
the security associated with this foreclosure and all are accruing until the date of sale, full satisfaction, or
reinstatement of the obligation. Therefore, the beneficiary elects to sell or cause the trust property to be
sold to satisfy said obligation. Dated: November 30, 2007 TITLEONE CORPORATION Trustee By: Amy L.
Wilcoxson Trust Officer (208) 424-8511 Order No.: TS0700360 Pub. Dec. 6,13,20,27, 2007
Appeared in: Idaho Statesman
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LEGAL NOTICE NOTICE OF TRUSTEE'S SALE ON THE 1ST
LEGAL NOTICE NOTICE OF TRUSTEE'S SALE On the 1st day of April, 2008, at the hour of 10:00 a.m. of this
day (recognized local time), in the office of TitleOne Corporation, 1101 West River Street, Suite 201, Boise,
Idaho 83702, in the County of Ada, State of Idaho, TitleOne Corporation, an Idaho corporation, as successor
trustee, will sell at public auction to the highest bidder, for cash or cashier's check (cash equivalent), in
lawful money of the United States, all payable at the time of sale in compliance with Section 45-1506(9)
Idaho Code, the following described real property, situated in Ada County, State of Idaho, and described as
follows to wit: Lots 20, 21 and 22 in Block 13 and Lots 11 and 12 in Block 14 of Rockbridge Subdivision
Phase 6, according to the official plat thereof, filed in Book 96 of Plats at Page(s) 12025 through 12030,
official records of Ada County, Idaho. The Trustee has no knowledge of a more particular description of the
above referenced real property, but for purposes of compliance with Section 60-113, Idaho Code, the
Trustee has been informed that according to the County Assessors office, the address of 880, 908, 936, 941,
915 Glen Aspen Way, Star, ID, 83669, is sometimes associated with said real property. Said sale will be
made without covenant or warranty regarding title, possession, or encumbrances to satisfy the obligation
secured by and pursuant to the power of sale conferred in the Deed of Trust executed by Corinthian Homes
of Idaho, Inc, an Idaho corporation, as Grantor(s), to TitleOne Corporation, an Idaho corporation, as
successor trustee, and RBC Centura Bank, a North Carolina banking corporation, as Beneficiary, recorded
May 7, 2007, as Instrument No. 107065660, in the records of Ada County, Idaho. THE ABOVE GRANTORS
ARE NAMED TO COMPLY WITH SECTION (45-1506)(4)(A), IDAHO CODE. NO REPRESENTATION IS MADE
THAT THEY ARE, OR ARE NOT, PRESENTLY RESPONSIBLE FOR THIS OBLIGATION. The default for which this
sale is to be made is the failure to pay interest when due and failure to perform covenants and obligations
secured by the Deeds of Trust recorded in Instrument Nos. 107002426 and 106090259. All amounts are
now due, together with unpaid and accruing taxes, assessments, trustee's fees, attorney's fees, costs and
advances made to protect the security associated with this foreclosure and that the beneficiary elects to sell
or cause the trust property to be sold to satisfy said obligation. Dated: November 30, 2007 TITLEONE
CORPORATION Successor Trustee By: Amy L. Wilcoxson Trust Officer (208) 424-8511 Order No.:
TS0700362 Pub. Dec. 7,14,21,28, 2007
Appeared in: Idaho Statesman
http://www. mypublicnotices.com/PublicNotice/Popups/PrintNotice.asp?PrintNoticeList=... 12/10/2007
2007 Eagle Comprehensive Plan
11/27/2007
Illustration 6.2 (From Rural By Design):
Village Center Concept
2. Residential Areas:
New developments that are proposed near the Village Center shall be encouraged to
include apartments, town homes, condominiums, patio homes, bungalows and live/work
units ranging in densities from 5 to 20 units per acre.
Decreasing densities should be allowed as the area radiates out of the village center. The
overall densities in the Village Planning Area outside of the village center shall average 1-
2 units per acre to the south of Beacon Light Road. Residential densities north of Beacon
Light should be 1-2 units per acre transitioning (feathering and clustering) to the north and
east ensuring compatibility with existing residential and foothills development.
Lot sizing and compatibility will be paramount as residential development reaches the
existing 2- and 5 -acre lots in the area east of Linder Road and north of Floating Feather
Road.
Special care should be given to the feathering and clustering of residential units as
development reaches the foothills/ Farmers Union Canal.
All Commercial use beyond Neighborhood Commercial should be directed to the
commercial center at State Highway 16 & 44 or to the Village Center.
Page 47 of 134
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Idaho Fish & Game Interactive Map Center
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http://fishandgame.idaho.gov/ifwis/huntplanner/mapcenter.aspx 12/10/2007
Cc I ;2..//.- 07
Joan Langdon
4690 Hartley, Eagle
November 11, 2007
RE: Reynen and Bardis, Terra View Development Testimony
Councilmen, I want to live at peace with my neighbors, I care about the people who will
share what has been my spacious place.
When my husband and I built our retirement home in a place where we could ride our
horses and grow our own hay and have a garden, we never thought the 10 acre zoning
would change so quickly. I believe the Terra View property is destined to be a model for
the rest of the remaining Beacon Light Agricultural Property between Linder and Hwy
16. This development must be held to a high standard. Even though mixed use is
allowed it should be the perfect accessory to housing that works with the land and
preserves the rural feel of the area. Hopefully in this computer age, there is a home office
and during breaks and lunch people can take a spin on their bikes, run with their dogs or
ride their horse on a short loop in the nearby regional park (BLM land).
I testified about the deceiving and inappropriate housing density at a planning and zoning
meeting. Even though a plan change was indicated, the same plan has emerged at this
meeting. Reynen and Bardis paid so much for this land they drew white roads in honor of
their ivory paving. I wanted to be as constructive as possible so I have made a sketch to
explain an alternative idea. As much as possible I have used their roads and an idea from
Gerry Robbins to explain a much needed access to M3 Eagle. Jerry's drawing is naturally
better than mine. The predominate residential housing near highway 44 and Linder is R4
and some R2, there are many 5 and 10 acre home sites as you travel north.
Map sketch explained: From the future 8 lane Hwy 16 and Beacon Light graded
interchange- to- new access road for the equestrian ranches on the hill. Mixed use should
have the same character and quality as River Shore and Riverside Dr. only a lower
profile. Perhaps an elementary school should be the center of the R 4 and R2 area and a
park should be included. Bike and walking paths should circulate in the area and
underpasses should be installed to avoid conflicts with traffic. Since there will be a bridge
over the canal it should be high enough to accommodate an equestrian trail to the BLM /
regional park. Round -a -bouts could slow traffic near the mixed use. 5 Acre parcels
should have clustered housing as demonstrated in the comprehensive planning guide.
This would allow a more open, rural transition. The bridle paths would be away from
heavy traffic and would demonstrate to the neighboring J & M developers that this
concept could work in their area as well. Retirement housing as has been suggested by
the developer might work well if there is enough vegetation buffering and a pedestrian or
motorized chair underpass to shopping.
Finally I pray that all of the new developers will be able to provide room for a house of
prayer and worship for the future residents.
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RECEIVED 8t FILEi1
RECEIVED & FII,EI CITY OF EAGLE
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SUPERINTENDENT
Dr. Linda Clark
C(
Joint School District No. 2
1303 E.Central Drive • Meridian, Idaho 83642 • (208) 855-4500 • Fax (208) 350-5962
December 7, 2007
The Honorable Nancy Merrill, Mayor
City of Eagle
660 E. Civic Dr.
Eagle, ID 83616
Dear Mayor Merrill:
RECEIVED & FILED
CITY OF EAGLE
DEC 10 2007
File:
Route to:1✓I/C-
As per the information shared during our meeting on December 6, 2007, the following is
submitted as written testimony in regard to the city's proposed urban renewal plan. This
information recaps the discussion at the aforementioned meeting, and in the
conversations between our respective attorneys. A copy of this letter has also been
sent to the Eagle City Council for inclusion as part of the public hearing process
regarding the proposed urban renewal proposal.
A. Reasons for the District's opposition
1. The Plan diverts tax revenues from the District to urban renewal. The amount
will depend on the market value growth in the tax increment area. The Plan duration is
proposed to be 24 years. There is too much uncertainty about how much property
values will grow in the next 24 years, although market value growth is likely to exceed
the projections in the Plan. The District cannot risk this unknown regarding its financing
sources.
2. The supposed benefit of an urban renewal plan is that increased property
values are facilitated and that eventually these increase values become taxable by the
other taxing districts. However, the District believes that asking the District to wait for
24 years before the additional tax base in the urban renewal area benefits the District is
simply too long.
3. Under Idaho law, a District's emergency levy is capped at $.60/$1000. The
District cannot certify additional dollars to avoid this cap, so any incremental property
value that is not taxed by the District because of the Plan results in lost revenue to the
District.
-�-
4. The Plan does not identify projects to be implemented by the Plan beyond the
first 10 years, yet the Plan's duration is 24 years, and the Plan provides that it can easily
be amended to add projects later. In all likelihood, the Plan, once initiated will continue
to evolve and endure for the entire 24 -year duration and become an open-ended
development fund for projects whether or not they directly lead to an increase in
property values.
5. The City has alternatives for funding the projects listed in the Plan. Many of
the plan improvements are conducive to local improvement district financing, city
financing or developer financing. In contrast, the District must rely solely on voter -
approved ad valorem property tax levies for its facilities financing. Excluding property
from the reach of these levies through the creation of the Plan will only make passage
of these levies more difficult.
6. The Tax Increment Area includes vacant land strategically located near the
intersection of two state highways. This land has the potential to be a regional
commercial center where property values will greatly increase without the assistance of
urban renewal expenditures.
Proposal of the District
The District requests that the City amend the Plan to provide for a "hold
harmless" provision for the District. The Plan should be amended to provide that
the Agency will rebate to the District an amount computed by multiplying the
District's all-inclusive levy rate, which for the District's 2008 budget year is
3.654652 mils, times the tax increment value.
Thank you for the opportunity to meet with you on this topic and for entering this
testimony into the public hearing record. The district looks forward to working with the
city to resolve the issues involved in this complex undertaking.
Sincerely,
Dr. Linda Clark
Superintendent
xc: Eagle City Council