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Minutes - 2008 - City Council - 10/07/2008 - Regular EAGLE CITY COUNCIL Special Meeting Minutes October 7, 2008 REGULAR COUNCIL AGENDA: 6:30 p.m. 1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 6:38 p.m. 2. ROLL CALL: Present: GUERBER, HUFFAKER, SHOUSHTARIAN. Absent: SEMANKO. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Teri Bath leads the Pledge of Allegiance. 4. PUBLIC COMMENT: No one choose to speak. 5. NEW BUSINESS: A. Approval of Open Container Permit: Davinci' s in Eagle LLC is requesting an open container permit to be used on October 11, 2008 from 1 :00 p.m. to 6:00 p.m. in conjunction with a Porsche Club of America Car Show. The event will take place on 1 st Street north of State Street to the alley. DaVinci's will be required to obtain the required approvals from Ada County Highway District for the street closure approval. All other standard conditions of approval shall apply. (SKB) Mayor introduces the item. Guerber moves to approve the open container permit for daVinci's for this Saturday. Seconded by Shoushtarian. ALL AYE...MOTION CARRIES. 6. PUBLIC HEARINGS: A. CPA-05-08/A-3-03/RZ-08-08 - Comprehensive Plan Map & Text Amendment from Mixed Use and Professional Office to Commercial. Annexation and Rezone with Pre-annexation/Development Al!reement - Eisenbere: Company: Eisenberg Company, represented by Van Elg of The Land Group, Inc., is requesting a Comprehensive Plan Map and Text Amendment to change the land use designation on the Comprehensive Plan Future Land Use Map from +/- 31.4 acres Mixed Use and +/- 4.4 acres Professional Office to Commercial and amend the language in the Rim View Planning Area, an annexation and rezone with Pre-Annexation/Development Agreement for +/- 38.34 acres with a zoning designation ofC-3-DA (Highway Business District with a Development Agreement). The +/- 38.34-acre site is located at the northeast corner of Linder Road and Chinden Boulevard (US 20/26). (NBS) Mayor introduces the item. Council member Semanko arrives at 6:42 p.m. Craig Eisenberg, President of the Eisenberg Company 2231 E. Camelback Pheonix, AZ. Mr. Eisenberg gives a brief history of his company and his experience developing. Provides information regarding why he feels this site has strong retail development potential. The Eisenberg Company has been working with ITD, ACHD, Eagle Sewer District, Eagle City Planning staff as well as neighbors in the area of the proposed development to bring forth a high quality development. Van Elg, with The Land Group, 462 E. Shore Dr. #100 Eagle, Idaho. Mr. Elg reviews the site history and the proposed retail pad sites in the Eagle Island Marketplace. Page I KICOUNCILIMINUTESITemporary Minutes Work Arealcc-lO-07-08spmin.doc JoAnn Butler Legal Counsel for this development, 251 E. Front Street Boise, Idaho. Ms. Butler reviews portions pages 2 and 3 of the staff report regarding the impact on the City of Eagle of Meridian's annexation or planning of almost 1, I 00 acres that was designated in Eagle's area of impact. Linder will now become the only north south river crossing in Eagle's western area and so this is the appropriate location to relocate the 40 acre regional commercial center from Highway 16 and Chinden to this comer. Butler states that certain recommendations by the Eagle Planning and Zoning Commission are not legally possible and reviews her suggested changes to the language. She distributes provides a handout and reviews the same. Discusion. The reason that Eagle's Comprehensive Plan refers to Chinden as a class 4 road, is because ITD representatives have asked the City to say this. This puts the City in a precarious position, because ITD which does have jurisdiction over the road has not made Chinden a type 4 road. ITD would like it to be, but it is not today. The reasons being that ITD would like to preserve the Chinden corridor so that it functions like a class 4 or limited access highway, but ITD has said it doesn't have the money to buy the right of way and the access rights to do this. So ITD has asked the city to put highway restrictions on landowners rather than have ITD actually pay for the right of way and access points. Butler discusses access points to the sites. It is understood before development can begin final approval from ITD is required. Butler comments on the letter submitted by Foxtail regarding the Comprehensive Plan changes they would like included in this application, her client does not feel that they are appropriate to be included in this application. Butler states that Mr. Wilson with Foxtail has submitted a letter to the neighbors letting them know his desire to be annexed into the City. Discussion. The development agreement that goes along with the annexation and rezone that they are asking for is a pre- annexation development, because the property is not in the city today. But it makes clear that they are submitting to annexation when an annexation path can be found. It also provides the City clear direction to the County as to what Eagle wants to see on that site when annexation can actually occur. Phil Hull with The Land Group 462 E. Shore Dr. Eagle, Idaho. Mr. Hull reviews the site and landscape design elements, pad sites and interior parking and traffic circulation on the site. Jason Densmer with The Land Group 462 E. Shore Dr. Eagle, Idaho. Mr. Densmer addresses the infrastructure for the site. The applicant has applied for and been granted annexation into the Eagle Sewer District. They have also contacted United Water Company, Intermountain Gas and Idaho Power Company. Traffic and access to the site has also been analyzed. There are 4 proposed accesses to the site one off of Chinden Blvd and three off of Linder Road. A traffic impact study has been done, and has identified that between 6-7 lanes are needed to improve traffic at this intersection. The lane improvements and expansions will extend the entire length of the project. Pat Dobie, the traffic engineer who prepared the study for this development. States there is a right turn lane for the west bound traffic because the volume of traffic in the afternoon during rush hour is very heavy in the west direction. Moving this turning traffic out of the through traffic stream will improve the flow of the intersection. Mr. Dobie states that by improving the efficiency of the intersections along Chinden Boulevard you will improve the traffic carrying capacity of the road. Further detail is reviewed regarding traffic and safety issues. John Irvine with CSHQA 250 S. 5th Street Boise, Idaho. Mr. Irvine reviews the proposed architectural design for this development. Page 2 KICOUNCILIMINUTESITemporary Minutes Work Arealcc- IO-07-08spmin.doc John Church Principal ofIdaho Economics P.O. Box 45694 Boise, Idaho. Mr. Church reviews the projected economic impact to the City of Eagle. Discusses potential fiscal impacts. It is a $57.8 million dollar project. At full build out this project would generate to the City of Eagle about $45,000 in property taxes and $97,000 in total with property taxes, revenue sharing and franchise fees - or about one million dollars every ten years. There will be construction jobs created during the construction phase of the development and approximately 158 jobs in the community due to the secondary impacts of the construction., and will add about $3.5 million dollars annually to payrolls in the community. Mr. Church discusses other aspects of his economic assessment report. Don Forrest, Site Acquisition Manager for Fred Meyers, 3800 SE 220d Ave. Portland Oregon. After numerous site evaluations Fred Meyers selected this proposed site as it is an underserved area that would be enhanced by the placement of a store at this location. Mr. Forrest was surprised at the Planning and Zoning level at the number of people that came out to support this development. This will be more of a local draw vs. a regional draw for the area. Mr. Forrest discusses the commitment of Fred Meyers to this site. Discussion. Mr. Dobie states what the travel reduction would be as a result of the construction of this store. Currently the average trip rate is 7.4 miles, with the construction of this center it will be reduced to 6.65 miles this is a 10% reduction in average trip length. The total travel reduction is 340,000 miles per year. This project in this location will serve a need and significantly reduce the travel demand and traffic impacts on the system within about a three mile radius of this site. Discussion of buffering along the north side of the property. City Planner III, Nichoel Baird Spencer reviews the staff report and reviews the Planning and Zoning Commission recommendations as well as the applicants recommended changes to site specific conditions. Spencer reviews the proposed changes to the development agreement. Question and answer between staff and Council. City Attorney, Susan Buxton states that she has been in contact with the County Attorney Ted Arguile with regard to this application. With regard to section 3.28 what the County is looking for from the City Council is in the event that you approve this Comprehensive Plan Amendment and the development agreement that you provide the County with the specific detail as to what you would approve so that they could go forward with that, so that it is not so questionable as to what your approval is. The City is first going to tell them what we want as there are many things in the City code that are more stringent than theirs. Discussion regarding withholding the issuance of occupancy and building permits until the property is annexed. City Attorney, Buxton states that once ITD finishes its hearing process then they will make our recommendation. ITD is conducting a hearing on the access request to Chinden and they have a hearing officer who issued an interim order granting the intervention by the neighbors and defining really what the role is and basically the role ofITD is to determine under the application what the access will be. Once ITD goes through the hearing process they will have a decision with regard to this particular properties request for an access. ITD will take their jurisdiction and that is it. Discussion. Page 3 K:ICOUNCILIMINUTESITemporary Minutes Work Arealcc-IO-07-08spmin.doc Mayor calls a 5 minute break Mayor Bandy opens the public hearing. Lee Swider, 7176 N. Spring Crest Meridian. Ms. Swider lives north of the development, yet has a Meridian mailing address. Ms. Swider is against the development, based on the shear size of the development. Traffic, safety, noise are large areas of concern. She does not believe that a 3' berm will mitigate the noise enough. While she is not against the development of this site, she is does not feel this proposal is acceptable. Larry Swider, 7176 N. Spring Crest Place Meridian. States that the developer has only conducted one neighborhood development, as opposed to the numerous meetings the developer referred to in their presentation. He does not feel this development is needed and that the existing zoning laws are adequate. Would like the Council to vote against this application. Mimi Plumb, 854 River Heights Drive. Would like Council to deny this application, and let the current zoning remain. A project of this size should be placed in one of the current commercially zoned property. A similar smaller project was rejected two years ago. Ms. Plumb details problems with the proposed application including: the size is too large leaving no room for transition zones, water run-off problems, increased noise and light pollution as well as a negative traffic impact. Judith Erdman, 7283 Windward Drive. Ms. Erdman is a 33 year resident. She does not feel this will be a destination location. The people who would be served are from Meridian, not the few Eagle residents in the area. Ms. Erdman has canvassed numerous neighborhoods and none of the residents were in support or this development. She hopes that Eagle will stand firm and not allow this development at this location. She is very much against this development. Brian Schlader 6620 N. Fox Run Avenue. Mr. Shroder is weary of the numerous attempts to amend the comprehensive plan, and would like the current comprehensive plan to be complied with as opposed to what is being proposed by the developer. He discusses current traffic difficulties and the potential for even more with this development. There may be a negative impact to his property value if this commercial development is allowed. He is against this application. David Bensinger 7258 N. Spring Crest. A number of Mr. Bensinger's concerns have already been addressed. An increase in traffic and light pollution are a concern. A grocery store in this location does not meet their needs. The timing of this development is questionable considering the current economy. Montry Smith 7345 N. Linder Road. Mr. Smith has lived here for over 30 years and is opposed to the plan. The previous speakers opposed to the development have addressed his concerns. He moved to the area for the rural feel and would like it to remain. Charles Wilson, 990 Chinden Blvd Meridian, Idaho. Mr. Smith owns and operates Fox Tail Golf Course. He is in favor of this development. It is his intent to pursue annexation of the golf course to make a path of annexation for the Fred Meyer development. Mr. Wilson has submitted letters of support to the council which are included in the record, and has met with City Planners about applying to annex his property. Page 4 KICOUNCILIMINUTESITemporary Minutes Work Arealcc-IO-07-08spmin.doc Robert K. Banks 1542 N. Parkforest Eagle, Idaho has lived in Eagle for 28 years. Mr. Banks was the Executive Vice President for store development for Albertsons and retired in 2005 after 25 years of service. During his retirement he has done some real estate consulting and been involved in a number of community activities. He served on the Eagle Urban Renewal Agency and wanted to see that Eagle grow in a pleasing and planned fashion. He is representing Fox Tail Golf Course and speaks in support of this development. The Council has worked diligently in the past to create the great community we now live in and in hopes they will do the same. Fox Tail is immediately adjacent to the Powell property which is being proposed to be developed by Mr. Eisenberg. He feels that now is the appropriate time to annex this property and that Fred Meyer will be a great anchor for this site. After study of this area, specifically the northeast comer of Linder and Chinden, he believes this corner should become a regional gateway for Eagle. The entire quadrant needs to be planned so each parcel integrate with all other parcels. Mr. Banks is asking that the proposed language change to the comprehensive plan be adopted. Ivan Hoffman, 7220 N. Linder Road Meridian, Idaho. Has witnessed the traffic increases over the last 18 years on Linder Road. Mr. Hoffman was a traffic engineer prior to retirement. The advantages of the improved intersection at Linder and Chinden are lost because of the stop light one half mile away. Any improvements made to Chinden would have to exceed Yz mile, they would have to go % to 1 mile farther down to Ten Mile Road to alleviate traffic problems at Chinden and Linder. People who live north and west of Eagle would alter their traffic pattern, utilizing Linder Road to get to Chinden to the proposed Fred Meyer, causing the right in - right out on Linder Road would be a big problem to traffic. As a safety concern the big box business at this location should be denied. Mark Montier 7175 N Spring Crest. Mr. Montier is against this development. He is tired of coming before Council to defend the Comprehensive Plan. He has made an investment in his home and wants to raise his children here. This development is not improving the quality of life, feels it should be scaled back. Carol Montier 7175 N. Spring Crest. Ms. Montier states that the developer only had one neighborhood meeting. She would like the Comprehensive Plan to remain unchanged. Ms. Montier does not believe the improvements to the intersection would be sufficient. Ms. Montier displays a video of the traffic problems they shot a few years ago. The proposal is too big, they are trusting Council to do the right thing. Ken Fergusson 1542 W. Sandy Court. Mr. Fergusson is in support of maintaining the current Comprehensive Plan. Strongly supports previous testimony in opposition. Shawn Kurtman 6452 N. Fox Run. Mr. Kurtman is in opposition of this project. The planning of the roads is bad, based on the photos displayed by Mr. Wilson. They show a road through a residential area, dumping a road right into his house. If you lump the Wilson proposal and this application it is totally wrong. Andrew Lawrence 1685 W. Grant Lane Meridian, Id. This is a good idea, but with the impact of traffic and access it will create chaos. The impact to Grant Lane with the proposed location of the gas station would be very negative. Does not feel the 3' berm is sufficient. The plan is not good and should be rethought. Jim Goth 1458 W. Sandy Court. Mr. Goth is in opposed to the proposed change to the Comprehensive Plan. The reasons for opposition have been listed in previous testimony Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\cc-lO-07-08spmin.doc including traffic and noise. He feels the only ones in favor of this are the ones that stand to make money from the investment. Scott Trosper, 7110 Spring Crest. Mr. Trosper testified two years ago against a similar project. Feels the current Comprehensive Plan allows for a scaled down version of this development and allows for transition that is very much needed. Mr. Trosper is in opposition to this application. Lynne Trosper 7110 Spring Crest. Ms. Trosper also feels this is a continuation of the process from two years ago. There is a land grab between the City of Meridian and Eagle, which is not really the problem of the citizens of Eagle. The people should not get caught between the disagreements between ACHD, Ada County and Eagle Planners. It should be worked out and then brought forward. She does not feel that the area is underserved due to a lack of Fred Meyers in the area, there are other businesses that meet the needs of the neighboring properties. Bigger is not better, the needs can be met with what we have. Greg Barney, 6687 N. Barney Lane. Mr. Barney feels the people are getting hurt by the political maneuvering of the cities and other affected jurisdictions. The increase in lanes will result in the need for bridge replacement, the cost of which will be borne by the citizens. The core citizens are who should remain who the Council is responsive to. Ben Needler 3393 W. Fieno Dr. Eagle, Idaho states there are a couple people on the sign up sheet after him that had to leave and they left letters for him to read to the Council. e-mail received by Mr. Needler is read into the record: Ben: Sorry I cannot make the meeting tonight, please print this e-mail and show my support for this project. I travel from Eagle to Nampa on Chinden everyday for work, we desperately need some services on this route. When I return home I have to drive past my home to Eagle to acquire groceries and fuel when needed. This area of Eagle is a great location for this project. Cory Elitharp 1558 S Lake Crest Way Eagle, Idaho. Mr. Needler submits letter from Carol and Jerry Evans 1431 N. Razza Way Eagle, Idaho and reads it into the record. The letter is attached to minutes. Mr. & Mrs. Evans are in support of this item, because it will provide much needed jobs, and improve traffic and safety at the corner of Linder and Chinden. The proposed development would also add more convenient services and additional funds for our city for future improvements. Mr. Needler submits letter from Chuck Rosco 1400 N. Rosa Way Eagle and reads it into the record. The letter is attached to the minutes. Mr. Rosco is in support of Eagle Island Marketplace development. He feels it will be a great asset to the community for shopping and help start development of the intersection. He understands that the developer will help pay for the intersection improvement and that it will be a win-win for ACHD and the taxpayers. Mr. Needler submits letter from Jeff Beagley and reads it into the record. No address is given, but Mr. Needler states that Mr. Beagley's property is at the northern border of the proposed development. The letter is attached to the minutes. Mr. Beagley's property has been in the family since the early 1970's, and is in full support of the proposed development. The proposal appears to be well planned, and will provide economic and environmental advantages with shorter drive times and the new jobs created with this proposed development. Page 6 K ICOUNCIL IMINUTESI Temporary Minutes Work Area Ice-I 0-07 -08spmin. doc Mr. Needler submits letter from Matt and Susan Eells 6910 N. Linder Rd. Meridian, Idaho and reads it into the record. The letter is attached to the minutes. The Eells are 36 year residents and 15 year owners of the property (he purchased the property from his father) located adjacent to the north of the Eagle Marketplace. They believe the proposed development will bring value to their property as well as ease a problem on Ada County in regards to their business operations. When they opened their landscape business it was an accepted use of their property, but as the area has grown the zoning has changed to accommodate the new developments around them and left Ada County in a quandary as to what to do with their zoning and 250 other people like them in similar situations. The proposed development would be of benefit to the traffic situation at Linder and Chinden. The Eisenberg Company has been forthcoming and a pleasure to work with. The hope Council will approve this development. Ben Needler 3393 W. Fieno Dr. Eagle, Idaho states he previously lived at the Garrity interchange prior to the 115acre project that the developers are doing now. His subdivision at the time had some of the same concerns, including that it would decrease his property value. His property value actually went up. When he sold the new owner liked the proximity to the freeway and loved having the services next door. While he can't testify as to what will happen to the property values here, he can tell you what happened to him personally with a similar project. Roger Ottman 1100 River Heights Drive. Mr. Ottman does not feel this development fits with the surrounding property. As he reflects, he sees that a developer had an idea and it was in the process of being approved at a site 2.5 miles west ofthis current proposal. And it seemed that it fit at that site, and then for whatever reason a change in plans came along. The developer then took the exact same plan and has basically plunked it down in the middle of a very high end residential development. It just doesn't fit. Mr. Ottoman states that he pays very high taxes and that's what supports the Council and the County and therefore expects representation. The negative traffic impact would be substantial, as well as the increase in noise and light pollution. The traffic changes suggested will not address the far reaching impacts of this development. Reed Bowen 6621 N. Fox Run Avenue Meridian, Idaho. Mr. Bowen states that as Highway 16 is not going to develop and all of the traffic will continue to be funneled through Linder Road. A State Street and Linder Road location would be more appropriate. Mr. Bowen feels the City is hypocritical in some of the requests made by the City in the development agreement, and its opposition of the ITD requests. This is the same development from two years ago. The figures from the traffic analysis presented by Mr. Dobie do not make sense. The Albertson's plan that was presented before is much more palatable that a huge Fred Meyer store. He requests the current Comprehensive Plan remain unchanged. Mayor Bandy informs those in attendance that the City must process any comprehensive plan application that come through the door. Brad Larson, 2305 Ribier Drive Meridian, Idaho. Traffic is of concern and safe accessibility. The only entrance to his subdivision is just across the street from what will be the service entrance to this project. It will make entering Linder dangerous and awkward to cross six lanes of traffic. Their children's bus stop is also nearby, and would hope these two things could be looked at to improve the situation. He would like the current comprehensive plan to remain unchanged. The amount of light pollution is of concern. Who receives the tax Page 7 KICOUNCILIMINUTESITemporary Minutes Work Area\cc-IO-07-08spmin.doc money from the development should not be a factor in the decision making process, it should be based on the quality of the development. Mr. Larson feels that there would be a negative impact to the quality of life. He is not opposed to development, just not this one. Laura Broadband 913 River Heights Dr. Meridian, Idaho. Ms. Broadband reads a letter in opposition to the application. (letter not submitted to the Clerk) This application was brought before Council over a year ago and was rejected at that time. The project is unsuited for the location, as it is proposed in an area of low density housing, 1-5 acre lots that have been there for a long time. The neighbors that would be most affected by the development are generally adamantly opposed to it. There are some in support in the project, but it should be emphasized that without exception that the people who are not adjacent to or in close proximity to the development or are individuals who would arguable gain an economic advantage because of their ownership of adjacent vacant land which they believe would be more valuable as commercial property. The project is too large, and would negatively impact her quality oflife. A project of this type would deteriorate the rural residential nature of the area. Also opposed to the additional traffic this new development would create. The negative impact of traffic would be debilitating. Gwen Huckstep 2716 W. Sugar Berry Drive. Ms. Huckstep reads a letter of opposition into the record. (letter not submitted to the Clerk) She is opposed to the rezoning of the corner of Chinden and Linder, the current infrastructure of two lane country roads that have existed the entire time she has lived her for 30+ years cannot support this overwhelming large big box development. Life would cease to move, literally for those who live in the logistical nightmare that we live each day. She understands that development will occur but it should abide by the current zoning. It is far more cohesive with what is out there now. The quality oflife will be greatly reduced for all residents within a 4-5 mile radius of this spot. Those property owners who stand in support also stand to make a lot of money from this project, but they won't be living there day in and day out. Those who live nearby will have to live in the logistical nightmare. Ms. Huckstep was informed that Ben Neelder is a commercial real estate agent. Turn lanes would be a logistical nightmare and dangerous. Don Copple 199 N. Capital Blvd. Boise, Idaho. Mr. Copple is an attorney that has been working with the applicant and has been assisting them with their access with lTD. Their approach with ITD has been granted to the property. ITD has exclusive jurisdiction over their highways, you have no land use input to them. ACHD has exclusive jurisdiction over their roads as well. Corridor preservation is a problem, and that is why we keep having problems with lTD. The applicant is willing to abide by what ITD and ACHD will require. Merlyn Bodly 7075 N. Linder Road. Has lived in the area since the 1950's and stands before Council somewhat conflicted. While you cannot go back to the 1950's, he does want a good development on the Powell property. Kay Perkins 7610 Amity Road Nampa, Idaho. Ms. Powel reads a statement into the record. Letter attached to minutes. Ms. Perkins is a part owner of the Lazy P Ranch commonly referred to as the Powell Property. Her parents bought this property 59 years ago. They wanted to farm, in a peaceful open country setting. There was very little traffic on Chinden and Linder 59 years ago as there were only 5 houses on Chinden between Linder and Meridian Road. There has been a lot of growth in 59 years. They didn't complain when people started building houses and brought more traffic, noise and pollution to the area. They didn't complain when they lost their view and the open country feel. But because of all Page 8 KICOUNCILIMINUTESITemporary Minutes Work Arealcc-IO-07-08spmin.doc the growth they have lost wildlife coming through their property, irrigation water to the north side of their property, the peace and quiet of living in a country setting. Because of growth they had to give up some their property on both Chinden and Linder to widen the road to help move the traffic. Her parents dream is to develop the corner and leave a legacy for their children and grandchildren. They did not complain when people started to move to the country to fulfill their dreams. These same people should not complain when Mom and Dad are trying to fulfill their dreams. The same people who are complaining are the people who moved to the area after we did, which caused more traffic and the need for a commercial corner of our property to cut down that traffic. She is asking for Council's approval of the application tonight. Teri Bath with the Eagle Chamber of Commerce 597 E. State Street. The Council should be in possession of a letter of support for the Chamber Economic development committee. The addition of jobs would be a great benefit to the community. They are in support of the application. Rebuttal by applicant. Pat Dobie states that the video that was shown is an excellent example of what the traffic problem is. Elaborates on the length of the improvements and the coordination of the signal lights are designed to improve the traffic flow. The traffic study indicates that speed doubles once they pass Linder. It is the goal to have the intersection completed before the store opens. Don Forrest with Fred Meyers. Mr. Forrest addresses the light and noise issue. The lights will comply with the night sky guidelines. Discusses the economic impact of restricted access to this development. Discussion. JoAnn Butler there has had discussions with Ted Arguile with Ada County and the City Attorney. It is their hope to make a decision for the good of all of Eagle and take a close look at this application. Pat Dobie discusses the location of the proposed fuel station. Craig Eisenbarth states that traffic has always been a major factor for this location, and he feels that a safe plan has been proposed to address those issues. Encourages the Council to approve the proposal before them tonight. An unidentified gentleman in the audience questions where the developers have constructed a Fred Meyers and as a result the that property values increase where the surrounding homes where on one acre plus size lots. Mr. Forrest lists the location of Vancouver Washington and Ellensberg, Washington. Scott Trosper 711 Springcrest Place. He submits for the record the size of the application that was submitted a year ago. Clarification provided by Planner III Baird Spencer. Mayor closes the public hearing. Huffaker notes the size of the proposed development is almost three times large that what is currently allowed. Comments on the testimony given tonight, and is saddened to see an application get to this point and have there be an apparent disconnect between the applicant and neighboring properties. He expresses concern with the lack of transition. The proposed Page 9 K:ICOUNCILIMINUTESITemporary Minutes Work Arealcc-IO-07-08spmin.doc berm seems to be inadequate. If the development were brought back in a manner in compliance with the current comprehensive plan. Quotes the findings of fact and conclusions of law from the Planning and Zoning Commission where they refer to the comprehensive plan. The buffering and transition issues have not been adequately addressed. Guerber sometimes traffic can be addressed in phases and perhaps this is one step in improving the overall problem. The size is of concern, but if buffering and transition can be built into it - it may work. Without reassurance that there will be communication and some kind of a concept with what will happen around this development he is not comfortable with giving them the green light and waits and see what happens later on. As to the buffers for the gas station across the street, in the past applicants were required to put buffers across the road to mitigate noise and light impacts. If a 3' buffer on the east side of Linder does not solve the problem maybe a buffer on the west side that buffers the house would be an option. Shoushtarian is wondering why the gas station is on the west side vs the south side which is how Fred Meyer is on the Fairview. The main issue is transition, there needs to be a proper balance on commercial uses and also transition from commercial to residential to complement one another. The Comprehensive Plan speaks to transition and it is lacking in this application. The other major issue is accessibility and traffic and circulation is not acceptable. It is up to City to look after the health, safety and well being of the community. There is not sound infrastructure. He would rather the application go back and bring it forward later when these issues have been addressed. Semanko does not want Eagle to base a decision on what Meridian is or is not doing but is looking at it based on the merits of this application and whether it is in the best interest of the residents and the City of Eagle. He appreciates the testimony given tonight. The presentation by the applicant was very good it is an attractive development. There is some additional attention need to the design process and some other details. The testimony tonight regarding noise, light, entrance location and different facility location are all things to be considered. He does not think it is greedy to have another place to go shopping in the City of Eagle. If others before us had felt that way we would not have a WinCo or Albertsons. WinCo is on a state highway, this proposal is on a state highway. It is not a rural 2 lane road it is a state highway, and it is appropriate to have commercial development along a state highway. The concerns about Linder are valid and need to be addressed. The transportation issue is incredibly important. ITD and ACHD has jurisdiction over the road and highway and we will not turn a blind eye to the issue but we will provide additional input to them on the transportation issue as well. Mayor Bandy feels this is an appropriate Southwest gateway to the City. The increase in job opportunities and increase in potential revenue are all positive aspects of the proposal. Semanko moves to continue this item to the September 21 meeting. Seconded by Guerber. Discussion. THREE AYE...ONE NAY (Shoushtarian)...MOTION CARRIES. B. RZ-24-06 MOD2 - Ea!!le Gatewav Development. LLC: Eagle Gateway Development, LLC, is requesting a modification to the rezone development agreement associated with the Eagle Gateway South Subdivision. The 56.86-acre site is generally located on the southeast corner of State Highway 44 and E. Riverside Drive at 1650 E. Riverside Drive. This item was continuedfrom the September 23, 2008, meeting. (MJW) B 1. DR-54-08 - Movie Theater for Riverwood Cinemas - O!!den Entertainment: Ogden Entertainment, represented by JSA Architects, LLC, is requesting design review approval to construct a 73,500-square foot (14-theater) movie theater for the Riverwood Cinemas. The Page 10 KICOUNCILIMINUTESITemporary Minutes Work Area\cc-IO-07-08spmin.doc 4. 179-acre site is located within Gateway South Development on the east side of South Edgewood Way and south of State Highway 44. (MJW) Mayor introduces the item. Cord Christenson representing Eagle Gateway Development reviews the application. The theatre company requested that the building be constructed taller than what is allowed in the City. The main mass of the building is 38 feet tall, 3 feet above the maximum allowed by the City. The additional height is to allow for stadium seating, and also with the water table being high construction had to go upward rather than down. The modification to the development agreement is to allow for the additional height of the building. In regards to the Design Review Board, the theater was presented to the Board and it was approved with conditions of approval. The only condition there is concern with may simply be a type-o. The main center piece of the building is 58 feet per the application and the findings read 56 feet. They are asking it remain 58 feet. A cross access was discussed in the Design Review Board meeting, that would allow an egress with the neighboring property. Discussion regarding the proposed delivery drive aisle, and signage for the same. Shoushtarian questions what was done to the site in regard to building in the floodplain. Christenson addresses the conditions of approval that were applied to, and complied with, regard to building in the floodplain and having the LOMAR re-signed off on taking the property out of the floodplain. Discussion regarding parking. City Planner II, Mike Williams. Williams briefly reviews the staff report. The narratives submitted by the applicant were conflicting and that is where the discrepancy between 56 and 58 feet occurred. Staff recommends that the condition in question read: "the height of the entry way feature is at 58 feet...". Discussion regarding Design Review conditions of approval. Williams directs Council's attention to the original development agreement condition of approval 3.10 addresses floodplains and meeting Title 1 0 of Eagle City Code. Mayor opens the public hearing. Mayor closes the public hearing. Huffaker moves to approve item 6B RZ-24-06 MOD2 - Eagle Gateway Development. LLC: with the changes recommended by staff and correcting the last word on the first line of 3.35 should be movie. Seconded by Guerber. ALL AYE.. .MOTION CARRIES. Huffaker moves to approve item 6 B.t DR-54-08 - Movie Theater for Riverwood Cinemas - Ogden Entertainment: Seconded by Shoushtarian. ALL AYE...MOTION CARRIES. 8. ADJOURNMENT: Guerber moves to adjourn. Seconded by Huffaker. ALL AYES: MOTION CARRIES... . 0 BORN TY CITY CLERK/TREASURER APPROVED: Page II K:\COUNCILIMINUTES\Temporary Minutes Work Area\cc-IO-07-08spmin.doc A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE CITY HALL Page 12 K:\COUNCILIMINUTES\Temporary Minutes Work Area\cc-IO-07-08spmin.doc V EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP October 7, 2008 SUBJECT: CPA-05-08/A-3-03/RZ-08-08 - Comprehensive Plan Man & Text Amendment from Mixed Use and Professional Office to Commercial, Annexation and Rezone with Pre-annexation/Development AEreement - Eisenberg Company: TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL idei im WS+ \ik6114{A/) r �a r/ n M-13.02,04-1 gCNSi }.►GE- 125.4i2) M SPe�rJ \fl I'M: W Vii V J Cl Er- mien 7,1 ,63 WW,ot&1Qr Qrjve Yrs 3(1_ S C06 Z° +'J ems' GS Di4-J id -�S:u✓Q,� "1 �,5 ii At sp r, 014 y12,s )11100,L- Sok LL 1(A N, k( t.) S-7 1crZ 25V S o , \7iC i CikevTc--01\J ggDi Sn.k3 3(7\c _ XcS ?C) en- rS k ! (S-91 N y_'s KS D (Q(oZJ Ni re/. C2 --Q 046 N F� ►Zv,\J v ht - N) N COt--1 C�� �on CO 0-71 CL. P/2 co r---) C +`--1 EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP October 7, 2008 SUBJECT: CPA-05-08/A-3-03/RZ-08-08 - Comprehensive Plan Man & Text Amendment from Mixed Use and Professional Office to Commercial, Annexation and Rezone with Pre-annexation/Development AEreement - Eisenberg Company: C,NR i V ilor6pot, v iffaiA, 1)\g,�Rr L 3nrr C)i;(1-6 % �Z �1►�l✓��J L 722a 7J. 1() s fl/ V -(_d imics Aft-oLl 6 - NO 7ric 1/U ("1-\4 } � � L\) , 1 C ,oma (Y5- U L G /1), r .r L' S)(5-ktibest- CeJ /7/o Ca/1 (.0) N3 Cor\ q,s CoJ C o t.1 ejj ) �WgCrJL /�S Csv +��k�� eiti T Lill • YDS 'H4\N 1 f t h2% R gehL Ax4 L\I n n —Tr o5 ex EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP October 7, 2008 SUBJECT: CPA-05-08/A-3-03/RZ-08-08 - Comprehensive Plan Man & Text Amendment from Mixed. Use and Professional Office to Commercial, Annexation and Rezone with Pre-annexation/Development. Agreement - EisenberE Company:, NAME e 5 t_ di y Qct.6 (-/i' ADDRESS TESTIFY PRO/ CON or YES/NO NEUTRAL (7,4,e 7 IV 33q g Lo. f -r eh, ��.•�� �, v� S - � r q ek--- koim / (o 4 021v Ale4k lts • g) irezi()eski/M27 mom& bactv, 1 G rU Avt`i l. g7p 1iG tD `3“1 j(Al, '5vOPy- YV\J . Ec c,\e' *.t) S';76'6 Z3o' (I)3 31,14 9/ 3 ie/ u(vs 171efre, b( - (Dc► l 0 IQ . ex* , bt(IO 0 a-1) u Vt ( /JI,jr Z30 Q ; bt �� r I • (J C7 IVB k( CPO vr. (d4 R(0 e_Ft--14 Cot EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP October 7, 2008 SUBJECT: CPA-05-08/A-3-03/RZ-08-08 - Comprehensive Plan Man & Text Amendment from Mixed Use and Professional Office to Commercial, Annexation and Rezone with Pre-annexation/Develonment Agreement - Eisenbere Company: 6-1 ;-r Te/c 1 et7/h is Al e&/4 -"z< (r>kl 06-Wt‘c-I /W-f/iii J , u-/ ��j l hIS R '62/ t IM. L- t SS -0 W4-4 ..??t,t, /t,e) rAio Cc 1 oji13 Fred Meyer Stores: • 129 stores in Alaska, Idaho, Oregon and Washington employing 30,000. In Idaho: • More than 2200 associates in 10 stores throughout Idaho and our regional management office in Boise • The Eagle Fred Meyer would employ an additional 230 people • Health & Welfare benefits for associates and their families • Employer -funded pension for associates • Vacation and sick time and holiday pay • Fred Meyer pays between $130,000 and $150,000 in Idaho state income tax each month. • Weekly payroll in a store of 230 people would be approximately $100,000. Corporate Responsibility: • Fred Meyer Stores makes donations of cash and product in the communities where we do business, and the Fred Meyer Fund awards grants to non-profit organizations. We focus our giving on organizations that work toward youth development or hunger reduction. • In 2007, $91,500 was donated to youth development in Idaho and $32,500 was donated to hunger reduction efforts. To date in 2008, $84,475 has been donated to youth development and $47, 995 has been donated to hunger reduction efforts. • Additionally, Fred Meyer Stores donated more than 88,000 pounds of food to the Idaho Food Bank in 2007. An additional 50,039 pounds were donated between February and July 2008. • Fred Meyer also supports non -profits through event sponsorship. In Idaho in 2008, Fred Meyer sponsored nearly $190,000 in events including Fred Meyer Broadway in Boise, Idaho State Youth Soccer Association, Idaho Falls Arts Council, Habitat for Humanity Boise and the Boise Susan G. Komen Race for the Cure. • In 2007, throughout our four states: • Fred Meyer Stores donated more than $2.3 million to youth development and hunger reduction • Fred Meyer Stores donated more than 3.6 million pounds of food • The Fred Meyer Fund made more than $1.5 million in grants CC107108 el -7 i ;,_.-F.-- - * tiLv: TTh" 4 S'...'7'4 C. Vv Moore Pla:•a 250 5 511, Street B..i:,c ID 83702 208.343.4635 Fax. 20C-, 343 1858 Tuesday, September 30, 2008 Dear Property Owner, Our client, Wilson Properties, L.P., an Idaho limited partnership and fee simple owner of the Foxtail Golf Course is applying for annexation and rezoning of said property into the City of Eagle, Idaho. This mailing is intended to both notify you of and invite you to a NEIGHBORHOOD MEETING to discuss the requested land use designations. The meeting will be held on Tuesday, October 21, 2008 at the Foxtail Golfs Maintenance Barn at 6479 N. Fox Run Avenue, Meridian, Idaho 83646. The meeting will be held between the hours of six o'clock (6:00) P.M. and eight o'clock (8:00) P.M. A presentation of the application request will occur at six -thirty (6:30) PM with questions and answers to follow. if you cannot attend and would like to contribute written input, in support of or in objection to, please mail said correspondence to CSHQA, 250 South 54 Street, Boise, Idaho, 83702. Your letter regarding this application will be attached with the Written Verification and List of Attendees and submitted to the office of Eagle Planning and Zoning. If you have any questions, do not hesitate to call (208) 429-4012. SUMMARY Wilson Properties, LP. is applying for annexation and rezoning of the Foxtail Golf Course property into the City of Eagle, Idaho. This land use action is being sought in cooperation with the City to effect a path of annexation for the proposed Eagle Island Marketplace, which is being separately developed on the SW Corner of Linder Road and Chinden Highway 20/26. Foxtail Golf's present intention is to continue its commercial operation as a recreational use property while changing the zoning to the city's Mixed Use zone concurrently with annexation into the City of Eagle. The Mixed Use zoning will have three (3) overlays, which include Residential (abutting existing residential), Neighborhood Business and Highway Commercial zones. The current County zoning for the property is RUT Rural -Urban Transition Zone (80 acres) and R1 Estate Residential Zone (4 acres). Whereas the present land use is transitory due to the change by annexation into Eagle, and the local planning area is deemed as the last southwest corner and regional commercial gateway into the City of Eagle, the requested land use of Mixed Use is being sought to allow a cohesive integration of permitted commercial uses while maintaining sensitivity to and buffering of existing residential properties with complimentary development. This land use action is joining with the goals and intentions of the City of Eagle to accomplish an integrated mixed use transition zone, which incorporates residential with commercial uses. Wilson's ultimate goal is to enhance the property values and aesthetics of the neighborhood through cooperative planning that reflects the long- range plans desired by the City of Eagle. More importantly, Wilson Properties will strive with all respondent neighbors to protect their present people who listen - design that speaks www.cshga.com EEO/AA Empbyer Written Notice Property Owners September 30, 2008 Page 2 of 3 ambiance and existing uses with buffering and screening through cooperative planning of view corridors, massings and appropriate separation. We anticipate this planning process will further establish a sense of place, incorporate connectivity for neighborhood pathways and vehicular roadways, and comply with the goals of COMPASS, ACHD, 1TD, and the cities of Eagle and Meridian. The Wilson Team has had extensive communication with these agencies and representatives of the larger properties in the neighborhood. Since we have no plans for immediate development, we will be charged to submit future applications for final development planning, including review of land uses to be proposed, site planning and building designs. This action is otir first step of many, which provides you, our neighbor, the opportunity to participate in the direction, growth and development that affects your neighborhood. This is your notice and invitation to attend and participate at our neighborhood meeting. In accordance with Eagle City Code, section 8.7.8: 1 Meeting Requirements: a. It shall be the sole duty of the applicant to provide mailed written notice, in a form deemed appropriate by the zoning administrator, to all property owners or purchasers of record owning property within a three hundred foot (300') radius of the exterior boundary of the application property, and to contiguous homeowners' associations and any neighborhood associations deemed appropriate by the zoning administrator. Notice of a neighborhood meeting shall be in addition to, and not in lieu of, mailed radius notices already required by this title, except when notice of a neighborhood meeting is required of two hundred (200) or more property owners or purchasers of record, alternate forms of notice may be provided as deemed appropriate by the zoning administrator. The neighborhood meeting written notice shall be provided by mail a minimum of fifteen (15) business days prior to the scheduled neighborhood meeting. b. The purpose of the neighborhood meeting shall be to review the proposed project. (1) Meetings shall be on a Saturday between ten o'clock (10:00) A.M. and seven o'clock (7:00) P.M., or on a weekday between six o'clock (6:00) P.M. and eight o'clock (8:00) P.M. The meeting shall not be on a holiday, a holiday weekend or the day before or after a holiday or holiday weekend. (2) The meeting shall be held either on the application property, at the nearest public meeting place, or at an office space with suitable meeting facilities if such facilities are within the city of Eagle area of impact boundary. c. The neighborhood meeting shall be conducted prior to the submittal of the application and not more than six (6) months prior to the public hearing. Written Notice Property Owners September 30, 2008 Page 3 of 3 d. Application materials shall include a written verification of the neighborhood meeting and a dated copy of notice provided to affected property owners. You are listed in the Ada County Assessor records as an owner of property within or touching the specified 300' (radius) boundary and therefore included in our mailing list. Due to the community influence caused by the land use action, several property owners outside the radius parameter, but within the "neighborhood" were included as a courtesy of inclusion. An area parcel map is attached, which shows all properties included in the notices. END OF NOTICE SINCERELY, Gene Shaffer, AIA CSHQA Emeritus (Retired) GS:ph Enclosure RELATED ISSUE You may be interested in attending a related Special Hearing by City Council to hear a request by Eisenberg for a Comprehensive Pian Map and Text Amendment and amend the language for the Rim View PIanning Area. The applicant is also requesting an annexation (when contiguous) and a rezone with development agreement for Eagle Island Marketplace and the Fred Meyer development. YOU ARE INVITED TO ATTEND THIS SPECIAL PUBLIC HEARING AND OFFER YOUR COMMENTS FOR CONSIDERATION. NOTE: SPECIAL MEETING START TJME — 6:30 PM ***EAGLE CITY COUNCIL HEARING DATE: October 7. 2008 Time: 6:30 PM LOCATION: Eagle City Hall - 660 E. Civic Lane cc �olllox October 1, 2008 Dear Property Owner, c,r 250_ Sueei 8o,se, 11. 83702 208.343.4635 Eax 208 343 1858 You were notified by letter, dated September 30, 2008 that our client, Wilson Properties, L.P., an Idaho limited partnership and fee simple owner of the Foxtail Golf Course is applying for annexation and rezoning of said property into the City of Eagle, Idaho. This mailintkis intended to both notify you of additional land use action being requested and again invite you to a NEIGHBORHOOD MEETING to discuss the requested land use designations. The meeting will be held on Tuesday, October 21, 2008 at the Foxtail Golfs Maintenance Barn at 6479 N. Fox Run Avenue, Meridian, Idaho 83646. The meeting will be held between the hours of six o'clock (6:00) P.M. and eight o'clock (8:00) P.M. A presentation of the application request will occur at six -thirty o'clock (6:30) PM with questions and answers to follow. Whereas Eagle's current Comprehensive Plan designates the subject property as Public/Semi- Public, our client shall be requesting a Comprehensive Plan Map and Text Amendment that reflects changes, which permit the desired zoning_ An area parcel map is attached, which shows all properties included in the notices. (This map is the map referenced in the September 30, 2008 notice.) If you have any questions, do not hesitate to call (208) 429-4012. END OF NOTICE SINCERELY, Gene Shaffer, AIA CSHQA Emeritus (Retired) GS:ph Enclosure people who listen - design that speaks MAW E O, -A EMPD•icr Ben Kneadler From: Carol Evans [carol.evans5@gmail.com] To: Ben Kneadler Cc: Subject: Re: Eagle City Council hearing, Eagle Island Marketplace and River District theater Attachments: Dear Ben, Cc, /^p ci /c/7/4 Sent: Tue 10/7/2008 9:40 AM Jerry and I would like to extend our support for both items on tonight's Eagle City Council agenda, (Fred Meyer and River District theater), because we agree that it will provide much needed jobs for the community, improve the traffic flow and safety on the corner of Linder and Chinden and provide some of the more convenient_ services to our city which inturn will provide more funds for our city for further improvements. Unfortuantely we will not be able to attend tonights meeting due to conflicting schedules but would appreciate you representing out views to the council. Best Regards, Carol and Jerry Evans 1431 N Razza Way Eagle Information from ESET NOD32 Antivirus, version of virus signature database 3501 (20081007) The message was checked by ESET NOD32 Antivirus. Ce. To the Mayor of Eagle and City Council Members: My name is Jeff Beagley. My wife Karen and I own the 2"d parcel north of the proposed development at the NE corner of Chinden and Linder. This ground and some of the othe ground to the north of this proposed development has been in my family since the early 1970's. I purchased the parcel that I own from my grandmother and have lived here sinc October of 1992. My immediate family moved to an adjacent parcel of land, currently owned by Bodily and Bunderson, in 1976. So, you can see that I have spent a majority o my life in this area. I am in full support of the proposed development. I believe it is well planned and the owners have been in contact and answered any questions we have had. I believe this wil be a beneficial development for the area, and from what I have seen of the traffic plans, appears that traffic will be better than it is currently. In our current economic state, I can only see the benefit of allowing an established business like Fred Meyer Co. to build a new store. This is a company that will be able to stay strong in times like these. Also, with gas prices like they are, I look forward to bein, able to walk or take a very short drive to do some of my shopping. We are currently foul (4) mile from the nearest grocery store. This 4 mile drive sometimes takes as long a 20 mile drive with the current traffic in the valley. There seems to be economic and environmental advantages, with shorter drive times ane new jobs created, with this proposed development. I hope you, Mr. Mayor and the City Council see fit to approve this development. Thank you for your time. Jeff Beagley lohlog To the Mayor of Eagle and City Council Members, 10/07/2008 As a thirty six year resident and fifteen year owner of the property located adjacent and to the North of the proposed Eagle Market Place, I have seen many changes in the area. I believe the development would bring more value to my property as well as ease a problem on Ada County in regards to my business operations. When I opened my Nursery and Landscape operation in 1985 it was an accepted use of my property. However as the area has grown so have we and the zoning being changed to accommodate the new developments around us has left Ada County in a quandary as to what to do with my zoning and 250 other people like me in the same situation. It would be beneficial to my business to have a commercial location where my 363 Eagle resident clients can purchase my goods and services. We have been servicing the Eagle area for 22 years and have raised three boys through the schools here. It would be of great benefit to the traffic situation to have the proposed improvements to the intersection at Linder and Chinden. I believe that Fred Meyer is a good fit for that corner and an asset to the City of Eagle and its residents. I feel with the economy in such disarray that the fact they even want to proceed is a blessing. I have found The Eisenberg Company to be forth coming and a pleasure to work with. I don't for see any problems having them develop this property it appears they a very suited for getting this project completed. However time is of the essence and this project should not be delayed any further. I am for this project. I hope you will approve this development without delay. Sincerely, 77) r?C, 'L022/ jt/J Matt and Susan Eells 6910 N. Linder Rd. Meridian Idaho 83646 208-631-5428 10/07/2008 05:56 208-938-2706 C ROSCO K NAF{AS October 6, 2008 TO: EAGLE CITY COUNCIL MEMBERS Reference: EAGLE ISLAND MARKET PLACE DEAR CITY COUNCIL MEMBERS, PApE 01 Cc l0 10 I AM WRITING TO VOICE MY SUPPORT FOR THE PROPOSED EAGLE ISLAND MARKET PLACE DEVELOPMENT ON THE CORNER OF LINDER AND CHINDEN ROADS. THIS WILL BE A GREAT ASSET TO OUR COMMUNITY FOR SHOPPING AND HELP START THE DEVELOPMENT OF THAT IN' t RSECTION. AS I UNDERSTAND IT ALSO, THE DEVELOPER WILL HELP PAY FOR THE IMPROVEMENTS TO THE IN 1 tKSECTION • ROADS, THAT IS A WIN/WIN DEAL FOR ACHD AND THE TAXPAYERS. THANK YOU FOR YOUR CONSIDERATION OF THIS LETTER. SINCERELY )? CHUCK ROSCO 1400 N. RAZZA WAY EAGLE),IDAHO 83616 /14 /6'& r KAY TALK BEFORE EAGLE MAYOR AND CITY COUNCIL Tuesday, October 7, 2008 Mayor and Councilmen. My name is Kay Perkins. My address is 7610 Amity Road; Nampa, ID. I am part owner of the Lazy P Limited Partnership, (referred to as the Powell Property) which is the 40 acres on the NE corner of Chinden and Linder. My parents, Hyrum & Clover Powell, bought the 40 acres in 1949, which is 59 years ago. They moved to the Lazy P Ranch (name of farm) with their family because Dad wanted to be a farmer. They wanted to enjoy the peace and serenity of living in an open country setting. 59 years ago, there was little traffic on Chinden and Linder. When they bought the Lazy P Ranch, there were 5 houses on Chinden from Linder to Meridian Road. We are the only people living in the surrounding area now who were living there 59 years ago. We were here first. We have seen a lot of growth in the last 59 years. We did not complain when people started to build houses in the surrounding area which brought more traffic, noise, and pollution to the area. We also did not complain when we lost our view and the feel of the open country in our quiet neighborhood of 5 houses in our mile. In fact, the Sandy Springs Subdivision would not be what it is today if it wasn't for us. Because of all the growth when the people protesting moved here, we have lost: • The ability to ride our horses over the hill and swim in the river by the Sandy Bodily Subdivision. • We no longer have the option to site in our rifles in our back pasture or hunt birds in our fields. • We no longer have as many deer and other wild life coming through our property. • We have lost our irrigation water on the north side of our property. • We have lost the peace and quiet of living in a country setting. • Because of the growth, we had to give up some of our valuable property on both Chinden and Linder to widen the road to help move the traffic. • Now, we will also be giving up more of our valuable property on both Chinden and Linder to widen the roads again because there is more traffic because of the growth. People all want roads but they don't want to pay for them. They want us to sacrifice more land again that we have had for 59 years. • With the growth, we have had to quit milking cows because the wet beet pulp we fed the cows had a smell and the neighbors complained. We also had to give up raising pigs for the same reason. • They don't want us to farm our property and they don't want us to develop our property. It is hard to understand what they want us to do with our property!!!! • We don't understand the difference between living in a subdivision here or living in a subdivision in the city. • They want us to leave our 40 acres as open spaces to provide them with open spaces so they can enjoy the peace and serenity of living in a country setting. We can no longer afford to do that. We don't even make enough money off the farm to pay the taxes and water on the farm. We have sacrificed enough. • If they want open spaces, they may want to buy 1,000 acres and build their house in the middle of their property. That way they can control and pay for their own open spaces. Mom & Dad's dream is to develop the corner and leave a legacy for their children and grandchildren. They did not complain when people started to move to the country to fulfill their dreams. These same people should not complain when Mom & Dad are trying to fulfill their dreams. The same people who are complaining are the people who moved to the area after we did which caused more traffic and the need for a commercial corner on our property to cut down that traffic. They can shop on our corner instead of traveling 5 miles or more to a store. This will take traffic off of Eagle and Fairview. With all the growth in this area, you cannot stop development to accommodate that growth. We ask that you approve our request for our applications tonight. As you know, the reason for your Comp Plan is for future development. Your approval will allow us the ability to work with our neighbors and developers for future development. We have gone over and above what is required to develop a first class development. We are asking you to help us help you by providing a first class gateway to the City of Eagle, which would be a lasting value and a good fit for the City of Eagle. Thank you for your time and consideration to our request. Comprehensive Plan 6.8.8.b: Original Comp Plan: Though ITD allows for access at 1/2 mile intervals along Chinden Boulevard, these access points should only be granted if the internal roadway allows traffic to flow through the area. Connecting Meridian Road to Linder Road provides the opportunity of internal linkage to the Community Commercial area at the intersection of Linder Road and Chinden Boulevard Applicant: P&Z: Access points should be granted directly on Linder Road and Chinden Boulevard to allow traffic to flow efficiently through the area and to allow direct access points between the commercial area and Linder Road and Chinden Boulevard. Connecting Meridian Road to Linder Road may provide the opportunity of future internal linkage within the planning area and a complimentary parallel flow to Chinden Boulevard. Primary access should be on Linder Road with limited access onto Chinden Boulevard only in accordance with ITD's access manaoement policies. All accesses should be designed to allow traffic to flow efficiently through the area. Connecting Meridian Road to Linder Road may provide the opportunity of future east/west residential collector linkage within the planning area Cross -access and local stub streets should be used to allow the planning area to be interconnected without the need to access the arterial and state highway network. Condition of Approval 3.27: P&Z: All land use approvals are predicated on the applicant utilizing only one access point on to US 20/26. Applicant: 20/26. e predicate{ c^ th..c It!!