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Minutes - 2008 - City Council - 10/28/2008 - Regular EAGLE CITY COUNCIL Minutes October 28, 2008 PRE-COUNCIL AGENDA: 6:30 n.m. - 7:30 n.m. 1. Ada County Sheriff s Office Monthly Report: Chief Hippie distributes the Monthly Report and discusses the same. General discussion. 2. Presentation regarding Community Detox and Mental Health Crisis Center. Boise Mayor Bieter provides the Council some background information regarding the Community Detox and Mental Health Crisis Center. Paul Woods, Ada County Commissioner, further discusses the Community Detox and Mental Health Crisis Center as a regional project. We wouldn't need your funding until January, 2009. Bob Banks, United Way, I made the original presentation of this project a couple of years ago. Discusses the benefits to the surrounding communities. Paul Woods, we will continue to approach all of the communities in Ada County. We will continue having discussion with Garden City and Star. General discussion. Public Works Director Report: On October 1 ih we took over the City water system from United Water. We now have 1,385 customers, United Water is in the process of taking out all of their systems and we are putting ours into place. Discussion on the SCADA system. Brent is out this week reading meters for the first time. Next time we will be sending out our billings. Next week we hope to get the water tank tied into our water system. Discussion. Zoning Administrator's Report: No report City Attorney Report: No report City Clerk/Treasurer Report: The audit for FY07/08 will be from November 5th to the ih. Update on the Mercer Group Study. We have completed the appeal process and we have the final Pay Plan and factoring from the Mercer Group. Jeanie Comerford, Operations Manager with the Library, and I completed training with the Mercer Group so we can institute the factoring when we have new employees, reclassifications and promotions. Norm Semanko: Inquires about the transparency resolution and when there was going to be a presentation from the Clerk's Office. City Clerk Bergmann: We are ready for the presentation. We have been waiting to have time on the Pre-Council agenda for this discussion. REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: Mayor Bandy calls the meeting to order at p.m. 2. ROLL CALL: GUERBER, HUFFAKER, SHOUSHT ARIAN, SEMANKO. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Boy Scout Troop 94 and Troop 271 lead the Pledge of Allegiance. Page I KICOUNCILIMINUTESITemporary Minutes Work AreaICC-JO-28-08min.doc 4. PUBLIC COMMENT: None 5. CONSENT AGENDA: . Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. . Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Claims Aeainst the City. B. Minutes of Sentember 23.2008. C. Minutes of October 7. 2008. D. EXT-18-08 - Preliminarv Plat Extension of Time for Countrvland Subdivision - JLJ Enternrises: JLJ Enterprises Inc, represented by Van Elg and Phil Hull of The Land Group Inc, is requesting a one (I) year extension of time for the preliminary plat approval for Country land Subdivision, a residential subdivision consisting of 17 lots (12 buildable and 5 common). The 6.6-acre site is generally located Y4 mile west of Ballantyne Road and Y4 north of State Highway 44 at 2556 W. State Street. (WEV) E. Findines of Fact and Conclustions of Law for CU-03-08 - Conditional Use Permit for an Ambulance Service Disnatch Station - St. Lukes Health System: St. Luke's Health System, represented by ZGA Architects and The Land Group, Inc., is requesting conditional use permit approval to provide accommodations for an onsite ambulance service dispatch station located at the St. Luke's Regional Medical Center. The I4.49-acre site is located at the southwest corner of State Highway 44 and Horseshoe Bend Road at 3101 East State Street. (WEV) F. Minutes of October 21.2008. G. DR-57-08 - Two Buildine Wall Siens for Handmade Too The Art Studio - Golden West Advertisine: Carol Swig, represented by Roger Llewellyn with Golden West Advertising, is requesting design review approval to construct two building wall signs for Handmade Too The Art Studio. The site is located on the east side of South Eagle Road approximately 100- feet south of State Street at 60 south Eagle Road. (WEV) H. DR-60-08 - Common Area Landscanine for Snrinehaven Subdivision _ Beacon Lieht Homestead. LLC: Beacon Light Homestead, represented by Talena Dovel with The Land Group, Inc, is requesting design review approval for the common area landscaping within Springhaven Subdivision. The I4.36-acre site is located approximately 1,984 feet east of the intersection of North Eagle Road and East Beacon Light Road at 671 East Beacon Light Road. (WEV) City Attorney Buxton removes Item #58 from the Consent Agenda. Semanko removes Items #5E and 5F from the Consent Agenda. Planner Williams removes Item #5H from the Consent Agenda and requests to have this item moved to after Item #7.CI. Page 2 KICOUNCILIMINUTESITemporary Minutes Work AreaICC-IO-28-08min.doc Mayor: I would entertain a motion to approve the remaining items, #A, B, C, D, and G on the Consent Agenda. So moved by Semanko. Seconded by Huffaker. Guerber: AYE; Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL AYES MOTION CARRIES........... SH. DR-60-08 - Common Area Landscanine for Snrinehaven Subdivision - Beacon Lieht Homestead. LLC: Mayor introduces the issue. Guerber moves to renumber Item #5H as Item #7Cl under Public Hearings. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES.................. SB. Minutes of Sentember 23. 2008. City Attorney Buxton: This item is the Minutes of September 23,2008, these are the draft minutes and have not been approved yet. A couple of issues have come to my attention with regard to the minutes and I would request a discussion on how the City does the minutes and the City Council's preference on how you would like to do the minutes. This is not part of this Agenda and I would suggest that we either amend the agenda to add that item or find a time in the next few meetings to discuss the minutes and in particular on this date there was a discussion on Page 7 a discussion on a draft fiscal transparency ordinance. The City Clerk has done an amazing job of putting lots of details in the minutes but at the same time certain things were discussed during that discussion that were not related to the topic which was the transparency ordinance but were still an important item that may need to have some additional reference to them with regard to the emailsas between Council members and those things. So, one of the things I would like to discuss at some point is and put on the agenda how we do the minutes. I would like to refer everyone to Title 67- 2344, the Idaho legislature provides standards for which written meetings, minutes of public meetings are required and that neither a full transcript or a recording of meeting is required except as otherwise required by law. The otherwise required by law for transcripts and hearings really has to do with local land use planning types of applications under Title 67 Chapter 6S and few other minor sections that are specific to public hearings. Further discussion on how the minutes are prepared. General discussion. Huffaker moves to continue Item #5B, the Minutes of September 23,2008 to the November 18, 2008 as part of the Pre-Council Agenda and as a regular Agenda item. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES................. SE. Findings of Fact and Conclusions of Law for CU-03-08 - Conditional Use Permit for an Ambulance Service Dispatch Station - St. Lukes Health System. Semanko: I want to bring everyone's attention to Page 8 of the Findings of Fact and Conclusions of Law and make sure we got this right. I'm looking at #2 sirens on the ambulance unit shall not be used on South Horseshoe Bend Road and #3 says emergency lights shall not be used while on the property where the medical facilities is located. I'm wondering if#2 should say "sirens on the ambulance unit shall not be used while on the property where the medical facilities is located or on South Horseshoe Bend Road. I think that was our intent. Discussion on #2 and #3. General discussion. Semanko makes that as a motion. Seconded by Guerber. ALL AYES: MOTION CARRIES........ Page 3 KICOUNCILIMINUTESITemporary Minutes Work AreaICC-IO-28-08min.doc SF. Minutes of October 21.2008. Mayor introduces the issue. Semanko: On page 3 of the min I want to make sure in the middle of the page on page 3 where I made the substitute Motion, and maybe this is a discussion for the 18th as well, motion versus substitute motion, in the 4th line we need to state the date of the letter from the applicant including the 3 proposed conditions and any meetings held after this meeting until the November 12th meeting. I would feel more comfortable with the motion" including the 3 proposed conditions, the meetings referenced in the letter, and any meetings held after this meeting". General discussion. Semanko moves to approve the Minutes of October 21,2008. Seconded by Huffaker. ALL AYES: MOTION CARRIES.......... 6. UNFINISHED BUSINESS: None 7. PUBLIC HEARINGS: A. RZ-08-03 MOD - Eaele Island Crossine. LLC: Eagle Island Crossing, LLC, represented by Kammie Oates with Horrocks Engineers, is requesting a modification to the rezone development agreement (instrument No. 1 OS007 S4I) to add "restaurant with drive thru" (specifically one of the following: coffee, yogurt/ice cream, or sandwich shop) as a "P" permitted use within Arts West Subdivision (aka Symphony Subdivision), a 2I-lot (17-commercial, 1- access and 3-common) mixed use subdivision. The I6.0S-acre site is generally located 1,320 feet east ofN. Park Lane on the north side of State Highway 44 at 3300 & 34S0 W. State Street and 341S W. Flint Drive. (This item was continuedfrom the September 23,2008 meeting. The public hearing remains open.) (MJW) Mayor introduces the issue. Geoffrey Wardel, with Hawle-TroxeIl, representing the applicant, presents a Power Point presentation and provides Council an overview of the request for modification. General discussion. Rick Jarrod, Assistant Maintenance Manager ACHD, discusses the trip traffic and the site traffic on the site. General discussion. Bob Bryan, applicant's engineer, discusses the traffic issues. General discussion. Mayor opens the Public Hearing Drew Deichmann, 407 N. Cove Colony Way, I drew the short straw and I am representing myself and some of my neighbors who are present tonight. Presents a power point presentation and discusses the concerns that they have. General discussion. Joel Barker, 972 Cove Colony Way, discusses the drive-thru and the dialog at the September, 2004 City Council meeting. Discussion on the 10% factor that allows the Council some discretionary authority. This discretionary authority shouldn't be used in this case. Most of us are opposed to this. What we are opposed to is revising the Development Agreement. Discussion on the traffic. General discussion. Geoffrey Warde I, discussion on Eagle City Code addressing drive-thru in a mixed use development. Discussion on the traffic study and the traffic issues. General discussion. Mayor closes the Public Hearing Page 4 KICOUNCILIMINUTESITemporary Minutes Work AreaICC-JO-28-08min.doc General discussion. Semanko moves to approve RZ-08-03 MOD - Eagle Island Crossing, LLC with the conditions suggested by staff also an additional condition that building permits not be issue until connection is made between Flint and North Fisher Park Way and also a condition that the Applicant further coordinate with Arts West to determine the necessity for and location for any additional safety precautions including the possibility of any additional crossings, sidewalks and etc. Seconded by Guerber. Discussion. Semanko includes in his motion that ACHD be included with the coordination with Arts West. Second concurs. Further discussion. THREE AYES: SHOUSHTARIAN: NAY: MOTION CARRIES...... Mayor: I am looking for Council direction. Our next item will take some time so I am suggesting that we continue all items after 7B except for Item #8B which needs to be heard tonight. General discussion. Guerber moves to continue Items #8A and# 8C to the meeting of November 12,2008 and tonight we will hear the Flack/Carlock and the Lonesome Dove. Discussion. Seconded by Huffaker. ALL AYES: MOTION CARRIES............. B. A-16-07/RZ-23-07 - SB/CH Land Comnanv (Flack/Carlock). LLC: SB/CH 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 with a development agreement) with a Pre-Annexation and Development Agreement for a Mixed Use Development including +/- 235.57 acres of residential use (single-family and multi-family units) and +/- 52.1 acres of commercial uses. The 287.67- acre site is located at the Northeast corner of Beacon Light Road and State Highway 16. This item was continuedfrom the September 23,2008 meeting and re-noticedfor a workshop on October 14, 2008 and a public hearing on October 28, 2008. (MJW) Mayor introduces the issue. Ashley Ford, representing the applicant, displays overheads and provides Council an overview of the project. Joann Butler, representing the applicant, distributes copies of the conditions of development and discusses the same. General discussion. Planner Williams, provides Council an overview of the application. P&Z Commission recommendation approval of this application and they went with the staff recommended conditions of development. General discussion. Mayor opens the Public Hearing Joan Langdon, 4690 Hartley Road, reads her written statement into the record. General discussion. Kathy Pennisi,3675 Saddleman, representing the North Ada County Foothills Association, discussion on how the City builds out. Discussion on the comp plan and Village Centers. General discussion. CJ Thompson, 4831 Willow Creek Road, I want to reinforce the comments that Kathy made. Discussion on the Village Center. Discussion on development of the whole area. Page 5 KICOUNCILIMINUTESITemporary Minutes Work AreaICC- IO-28-08min.doc Phil Fry, 4122 Homer Road, I care what is in the middle of this because I have to look at it. The City of Eagle has made me mad again. I feel your recent comp plan changes were done to favor this development. Discusses changes to the comp plan. Ken Hamilton, 4210 Double S Lane, I care about high density on the West side because that is by my driveway. Discusses the access. I would like to have the location ofthe traffic light addressed. Mary Taylor, 3410 Hartley, I have always wanted to live on Harley Lane and now I do so we could have land and our children could have space. Ifwe wanted to live in a village we wouldn't have bought out there. Discussion on visioning meetings that the City had for this area. This is the door that we are going to get to M3. General discussion. Ashley Ford, discusses trust and annexation issues. Never once have we ever threatened to go to Star, we have never held this over the City's head. Were here and we are committed to the City of Eagle. We had another neighborhood meeting in March. Ms. Taylor did not show up and a lot of the vocal neighbors who have testified tonight did not show up. Discussion on the comp plan. We are in your comp plan. Discussion on the traffic light. Joann Butler, there was a lot of passion from people who spoke to you tonight. I was involved when you established your area of impact as I represented Star. Discussion on the areas of impact that the County granted to Eagle and Star. Transition is what we are talking about tonight. Discussion on planning for the area and the comp plan. General discussion. Mayor closes the Public Hearing Guerber moves to continue this item to the November 18, 2008 City Council meeting and to deliberate on the annexation and rezone. Seconded by Huffaker. Discussion. ALL AYES: MOTION CARRIES.................... Mayor calls a recess at 1 :OS a.m. Mayor reconvenes at 1: IS a.m. C. A-04-08/RZ-09-08 & PP-04-08 - Annexation/Rezone & Preliminarv Plat for Snrinehaven Subdivision - Beacon Lieht Homestead. LLC: Beacon Light Homestead, LLC, represented by Matt Smith, is requesting an annexation and rezone from RUT (Rural-Urban Transition- Ada County designation) to R-E-DA (Residential - Estates, one unit per two acres with a development agreement) and preliminary plat approval for Springhaven Subdivision an 8- lot (6-buildable, 2-common) residential subdivision. The I4.36-acre site is generally located on the south side of East Beacon Light Road approximately I,984-feet east of the intersection of North Eagle Road and East Beacon Light Road at 671 East Beacon Light Road. (MJW) CI.(SH) DR-60-08 - Common Area Landscanine for Snrinehaven Subdivision- Beacon Lieht Homestead. LLC: Beacon Light Homestead, represented by Talena Dovel with The Land Group, Inc, is requesting design review approval for the common area landscaping within Springhaven Subdivision. The I4.36-acre site is located approximately 1,984 feet east of the intersection of North Eagle Road and East Beacon Light Road at 671 East Beacon Light Road. (WEV) Mayor introduces the issue. Matt Smith, representing the applicant, provides Council an overview of the application. We concur with all of the recommendations except for one. Distributes proposed language change to the Council and discusses the same. Page 6 KICOUNCILIMINUTESITemporary Minutes Work AreaICC-IO-28-08min.doc Planner Williams: discusses the proposed changes presented by the applicant. Staff approves the proposed language changes submitted by the applicant. Staff recommends approval. General discussion. Mayor opens the Public Hearing Mayor closes the Public Hearing Huffaker moves to approve A-04-08/RZ-09-08 & PP-04-08 - Annexation/Rezone & Preliminary Plat for Springhaven Subdivision - Beacon Light Homestead, LLC Seconded by Guerber. ALL AYES: MOTION CARRIES..................... Semanko moves to approve DR-60-08 - Common Area Landscaping for Springhaven Subdivision - Beacon Light Homestead, LLC. Seconded by Guerber. ALL AYES: MOTION CARRIES..................... D. RZ-19-05 MODI - Modification to Develonment Aereement - (Lonesome Dove Subdivision). Lonesome Dove. LLC: Lonesome Dove, LLC, represented by Chad Longson is requesting a modification to the development agreement associated with the Lonesome Dove Subdivision. The 41.20-acre site is generally located on the southwest corner of Riverside Drive and State Street at 1505 Riverside Drive. (MJW) Mayor introduces the issue. Chad Longson, owner and developer of Lonesome Dove, provides Council an overview of the request for modification to the development agreement. Discussion on the public streets. General discussion. Planner Williams: provides Council an overview of the pathway. General discussion. Mayor opens the Public Hearing Frank Martin, 5890 Hidden Springs Drive, I am the developer of Hidden Springs and Eagle River has asked me to speak on their request specifically on the set backs. We ask you to support Staffs recommendation and support the continuation of the 10' pathway. Chad Longson, discusses marketability. Rules have changed since Eagle River went in. Density is down here and this is what the City wants. Discussion on the wall. General discussion. Mayor closes the Public Hearing General discussion. Huffaker moves to approve RZ-19-05 MODI - Modification to Development Agreement- (Lonesome Dove Subdivision), Lonesome Dove, LLC and that we accept the modifications suggested by the Staff. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES.. ..... ... ... ... ... 8. NEW BUSINESS: A. M3 Aereement sunnortine the City's R&PP annlication to the BLM and all other costs incurred bv the City for administerine their develonment aereement (SEB) Continued to the November 12,2008 City Council meeting by a previous motion. B. Council consideration of contribution of funds to sunnort the Eaele Countrv Christmas Event. Mayor introduces the issue. Page 7 K:ICOUNCILIMlNUTESITemporary Minutes Work AreaICC-JO-28-08min.doc Semanko moves to approve $2,000.00 for Christmas. Seconded Guerber. Discussion. Guerber: AYE; Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL AYES: MOTION CARRIES........................ C. State Street Transit Oriented Develonment Memorandum of Under stan dine (MOm Continued to the November 12,2008 City Council meeting by a previous motion. 9. ADJOURNMENT: Guerber moves to adjourn. Seconded by Shoushtarian. ALL AYES: MOTION <:j\~~~............. Hearing no further business, the Council meeting adjourned at 2:10 a.m. Respectfully submitted: ;.U (~. ~~ 'SHARON K. BERGMANN CITY CLERK/TREASURER P ILLIP J. BANDY MAYOR ".........,. ,.' .. .... 0':::: BAG ". ," ~1 l' ~'. ..'t "' c........ <"'./1 .. ,:t ~ .. e.... ~ 1'''':-... ~ORA1'~... ~ .. "". o<+- <:..~. : lu ~~ : - . ..... . - : .. : 1;::: ;. \.;S-eJ\.t..I~:O: ~ ..1-~ ~~~.. ~ ~ ':0 .1\ ...ORPO\l.~.. - ,'" .... v)> ....... \'\) \ " ....", -1 l' E Of,,'''' III". II." I"~"~ A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY HALL Page 8 KICOUNCILIMINUTESITemporary Minutes Work AreaICC- JO-28-08min.doc NAME f 1\1, LC Cr,1410(..j: 1 k -t ,ord ;1, 11 t-(1 S1�1 it4'L //;11,11a(C;1- • 2-2,1 , f IC P del EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP October 28, 2008 RZ-08-03 MOD - Eaele Island Crossine, LLC ADDRESS 4 O 7 Al, ✓c° wiz/ /-vi 4 ' - 1 S L J L -J t M) r7 K 14' 5 ,4 fitzi i7 -SIGs. N Ri.�A 7 `� S J\ C+) e l)'A e/ L r1 /. Co ye 61,, -gel 7/ 972_ (o\ic 62? Al (16,zi(i 6)(c)",..7 Z,241/{/4-7,74-44- `1-/!/ TESTIFY YES/NO /\2 A/ J" rLl At: L, /Ve) PRO/ CON or NEUTRAL -�J EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP October 28, 2008 RZ-08-03 MOD - Eagle Island Crossing. LLC EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP October 28, 2008 A-04-08/RZ-09-08 & PP -04-08 - Annexation/Rezone & Preliminary Plat for Snrinehaven Subdivision - Beacon Licht Homestead. LLC TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL �-- � G tip. �� )SGS Jeff.5,';',•// /4.7.! F. 4, �� (-0 //--- ' IV %) 79- V-:-- lS C1 -k) 4W-Avi f2 (--A'--- -",.,/iii • /<:',.c7/1/,7 A/0 EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP October 28, 2008 A-16-07/RZ-23-07 - SB/CH Land Comnanv (Flack/Carlockl. LLC NAME ff a \ lA Gt h A FT;7) ADDRESS I -712A- . \JONU IN0 , &b''N7l( , 11) avkLMSt ,%-7s SLLCkvt n UUAOLI-) C Y ' 1 1 1'L ort' cu. SLP P . o1! LH ..c3c/C? It t ‘7,PP rg(3-(0 -2 AI j (7) `7" C C L' ( L .l TESTIFY YES/NO L)tir) v 9 1)22' No PRO/ CON or NEUTRAL t cQ1 5 too awksg.: ciwo v ItLY (for✓ CCS Joan Langdon 4690 Hartley Rd. Eagle, ID 83616 RE: Terra View conceptual plan 0$4 z e3,e_oce. This year has been full of my husband's cancer battle and his death and my diagnosis of stress related diabetes, partially caused by the loss of my life style due to being surrounded by developments. Only a portion of the developer's money is invested in this area and they will profit even without their planned high density. All of my money is in my home and I have everything to lose because I will have to live with all the negative effects of their development and they will probably not even be in this state. I have several questions that have not been adequately answered even though I have attended most planning session in the last two years. 1. Was I lied to when we had to build one house on at least 10 acres in this area? 2. Was I lied to when the comprehensive plan stated there would be abundant open spa - o clus ari ; ant ansitio '� ^ i o existi_ n l 0�'r riv��� lan ? 3. Can .4":.. I • �.; a►` w` 4. Why are there many 5+ acre and planned 5 acre vineyards with one house close to the city of Eagle and 5 to 12 family units per acre where the original area was planned to be rural? I is true that it is just to line the city coffers with money? 5. Schools are being planned in Star, is that where the youth in this new development will attend? 6. Is this developer contributing to other infrastructure, such as highway 16, since this development will add to an already congested situation? Will my taxes go up to support them? 7. Will they invest in a generous trail system to the current BLM area? Who will help maintain the area in front of my house so I am not overwhelmed by dog poop, trash and fast cars? I will welcome a little commercial development since I have to drive at least 7 miles to get food, fuel and medical attention. I will welcome new neighbors who value the peaceful rural life style that I value. Can I trust the people in the Eagle City Hall to make certain that the Eagle city standards will carry over in a uniquely rural way in the annexed outskirts of Eagle? 4.40 rzt.t4q, l��ne2 w nLG d4�t=1ba-4w.art�.�_ 4E4 dtto4;st:i rT rccrd ��LL Q cre-^ Ls 4.475,0),-&-o• 4. (4r...A. (94.0.e 40 ° - c � • • Ti. • 3.S • • • C2ilb 4 - INTER OFFICE City of Eagle Zoning Administration To: Mayor Bandy and City Council Member From: Michael Williams, PCED, Planner II Subject: A-16-07/RZ-23-07 — Annexation and t ezone from RUT (Rural Urban Transition -Ada County Designation) to MU -DA (Mixed Use with a development agreement) — SB/CH Land Company (Flack/Carlock), LLC, represented by Ashley Ford with WRG Design, Inc. Date: October 28, 2008 Attachment(s): Copy of email from Gail Jackson date stamped by the City on August 5, 2008 Copy of correspondence from Joan Langdon date stamped by the City on October 14, 2008 Copy To: File Page 1 of 1 K:\Planning Dept\Eagle Applications\RZ&A120071A-16-07 & RZ-23-07 mel0.doc Mike Williams From: Gail Jackson [gaija@netzero.net] Sent: Tuesday, August 05, 2008 2:10 PM To: Mike Williams Subject: A-16-07/RZ-23-07-SB/CH Land Co(Flack/Carlock) Michael Williams, PCED Planner II City of Eagle P 0 Box 1520 660 E Civic Lane Eagle, Idaho 83616 Phone: 208-939-0227 Fax: 208-938-3854 email: mwilliams@cityofeagle.org Michael Williams: RECEIVED & FILED. 1 AUG 0 5 2008 Fite: Route tri' Regarding Public hearing notice and application submitted by: SB/CH Land Company (Flack/Carlock), LLC. We own agricultural land on the corner of West Beacon Light and Palmer. Unfortunately we are unable to attend the hearing on the 12th of August and would greatly appreciate our concern being entered at the hearing. Our concern is that the water from Farmers Union Ditch will be allowed to flow along the original ditch, which runs from the main canal, south along Hartley Road, then along the eastern border of the Flack/Carlock project to the corner of Beacon light and Palmer where it runs under the highway and onto the northeast corner of our property. Also, Michael, would you please email a digital "Concept Plan" as the one which we received in the mail is difficult to read. Thank you, Gail Jackson 7522 South Tongass Ketchikan, AK 99901 Why not be a nutritionist? Get your degree fast. Click here! http://thirdpartyoffers.netzero.net/TGL2241/fc/Ioyw6i4vCYK90o35IanyPwQuJt7eE3hgRwxrGU4DyLN g86lm6rx15i/ 1 To: Nicole and Mike, Eagle Planners From: Joan Langdon RE:Terra View(Flack/Carlock) and Hartley Sub(J&M Land) 1 RECEIVED & FILED CITY OF EAGLE I OCT 14208 1 Fite: Route to: Please don't allow this rural area to look like a Meridian Quagmire of Greed, a rat maze that has no regard for Pedestrians and Equestrians. All developed areas must have generous walking, biking and equestrian corridors safe from motorized traffic or the planning is a failure. Whether the development allows horses or not there must be corridors for those in the area, only a people considerate plan is a plan. Developers must realize people in this area are constantly being land locked because of failure to plan. Why should anyone have to trailer their horse a mile and burn more gas in order to access the BLM recreational area? The NAFCA people should use more of their energy to develop corridors in their areas. Housing density that has "token" transitions to rural is not in character or spirit, and will destroy the rural area. Why should 5 acres be near the city of Eagle north of Beacon Light, and not out between Star and Eagle where is was 10 acre minimum? I will appreciate commercial or even light industrial along Highway 16, even condos near the HUB that should be centered closer to Hwy. 16 and south of Beacon Light to be efficient for the users from Emmett and Star and M3. Again walking and bike paths should be as important as road flow or the concept for a "greener" environment will not be upheld, and will end up like any other poorly planned sub city. Personal aside: I have to recharge my soul since my husband's recent death and get a handle on my stress related diabetes, part of the stress is the threatened loss of this peaceful area to high density minded developers. I should be back in town by the 25th of October and will want to know what happened in the planning arena. I would be willing to give up part of the borders of my land to facilitate my beliefs. I am not wealthy. My income is fixed and in half. My husband had no insurance and my fences are in deteriorated condition and I will need help. Copy to Mary May, M3 Eagle Proposed change: Strike --Site Specific Conditions of Approval number four (4) that reads: 4. The applicant shall vacate the twenty-five foot (25') wide ingress/egress easement adjacent to the eastern property line prior to submitting a final plat application. Substitute language for number four (4): 4. If the twenty-five foot (25') wide ingress/egress easement adjacent to the eastern property line is not removed prior to submitting a final plat application, applicant agrees to add a disclosure in the subdivision's CC&Rs describing the easement area and the lots that are affected for the benefit of any future buyers. EAGLE RIVER «<. October 27, 2008 Mayor Phil Bandy and City Council Members City of Eagle 660 East Civic Lane Eagle, Idaho 83616 cc /0-62,Er--6.r. A. Ennis Dale Senior Vice President RECEIVED & FILED CITY OF EAGLE OCT % : 2008 File: Route to: Re: RZ-19-05 MOD2 Modification of Development Agreement Lonesome Dove Subdivision Mayor Bandy and Council Members: We consider Eagle River to be a partner with the City of Eagle in the development of the property south of Highway 44 (the Eagle By -Pass) and east of Eagle Road. In this capacity we wish to express our support for the Planning Department's recommended modifications of the Lonesome Dove Development Agreement with respect to the required setbacks and pathway width for the proposed town home project adjacent to East Riverside Drive. We would also to take this opportunity like to thank Ted Vanegas of the Planning Department for the time spent with our representatives last Friday morning. This meeting was quite helpful. As the developer of the Eagle River project and owner of much of the property adjacent to East Riverside Drive, west of the Lonesome Dove Subdivision and the Lofts project, we are deeply concerned about the visual impact of Lonesome Dove's proposed attached town home development from East Riverside Drive, the gateway to Eagle River from the east. Through- out the Eagle River project and east to the Lonesome Dove Subdivision we have provided a tree lined landscaped strip, as well as a separated ten foot pathway and a berm east of Merrill Park and adjacent to the Lofts project (formerly, the Dater property), to provide a necessary buffer from East Riverside Drive. We believe it is not only desirable but required by the Eagle City Code and the existing Lonesome Dove Development Agreement that this buffer be continued and therefore we sup- port the Planning Department's recommendation of a minimum setback from Riverside Drive of 35 feet measured from the back of curb and a separated ten foot pathway adja- cent to the Lonesome Dove town home project along East Riverside Drive. The existing Condition of Development 3.15 requires the eight foot wide tree lined landscaped strip as well as a detached ten foot wide pathway and Section 8 -2A -7(J)(4) of the Eagle City Code requires the recommended 35 foot buffer. These requirements will assure the desired consis- tency of East Riverside Drive from Eagle Road to Edgewood Lane and provide the necessary buffer for this residential development. 485 East Riverside Drive • Suite 100 • Eagle, Idaho • (208) 938-4270 voice • (208) 938-4272 fax Mayor Phil Bandy and City Council Members October 27, 2008 Page 2 of 2 However, we condition this support with a request that you add a condition to this approval requiring (i) the construction of a five foot stone wall at least ten feet beyond the back of the 10 foot pathway and (ii) significant landscaping from the back of the pathway to the wall. Eagle River supports the town home concept as well as the density included in this portion of the Lonesome Dove project. We support the success of this project and believe our com- ments will have a positive affect on this success. Unfortunately neither Chuck Carlise nor I are available to attend your meeting on Tuesday night. As a result, Frank Martin, President of Martin Community Development and former member of the Ada County Planning Commission, will present these comments and answer any questions you may have tomorrow night on our behalf. Thank you for the opportunity to express our comments with respect to the requested changes in the Lonesome Dove Development Agreement. Sincerely, A. Ennis Dale c: Ted Vanegas, Planner I, City of Eagle Michael Williams II, Planner, City of Eagle Frank Martin, President, Martin Community Development, 485 East Riverside Drive • Suite 100 • Eagle, Idaho • (208) 938-4270 voice • (208) 938-4272 fax copCc �0"- 2 -'r E# City Nair 660 E. Civic Lane. Eagle, Idaho 83616 (208) 939-6813 fa „lc (208) 939-6827 911emorancfum Fax: To: Mayor and City Council From: Sharon K. Bergmann CC: Date: October 24, 2008 Re: Country Christmas & Community Promotion/Special Events Account On October 30, 2007 Council Member Guerber moved to authorize payment of up to $2,000.00 to the Chamber of Commerce to help cover the expenses for Country Christmas last year. The City paid a total of $2,000.00 to the Chamber. Community Promotion/Special Events Account: The expenses covered by this account are as follows: $2,000 for Country Christmas expenses Extra Sheriff Deputies for Eagle Fun Days Jackets & shirts for employees that are in the field, inspectors, code enforcement Booth expense for Customer Appreciation Days Plaques and name tags Lobby Christmas Tree decorating State of the City lunch for all employees Former Mayor Merrill's farewell open house vac ..,S ......<4. From the desk of Sharon K. Bergmann City Clerk/Treasurer lita1RmAuak ADA COUNTY GARY RANFY, SHERIFF Cc- /. -� (- o(f--Y City of Eagle Police Monthly Report September 2008 Group A N113RS Crime* Person Crime* Property Crime* Society Crime* Total Felony ' 1isdcnIeanor # of Reported Crimes 80 60 40 20 0 2007 YTD 2008 Clearance Rate 2008 99 94 67.0% 11 14 12 285 271 22.1% 44 42 34 73 48 93.8% 12 3 4 457 413 40.7% 67 59 50 Group A N1BRS Crime Rate YTD (per 1,000) 184 173 26.6% 34 25 16 2007: 21.8 273 240 50.8% 33 34 34 2008: 17.9 2008 July August September City of Eagle Population COMPASS 2007: 20,951 COMPASS 2008: 21,090 Change 0.7% SE ._11•._ _NIS._IMO MILSErn Jan Feb Mar Apr fFFFFFi Person Property May Jun Jul Aug Sep Oct Nov Dec Society 2007 Monthly Average % Change -17.8% 2007 Clearance Rates Person: 70.3% Property: 25.2% Society: 92.0% Total: 44.5% Felony: 31.8% Misdemeanor: 53.0% I1'1/111,14 r':lctpl;nr_ a I,: and `i•.,u-!,,,. nlcrt• r 1111+4. .\r., l,en_lcnr/lar..(1111/.,,.uin. l:+r_c.n i)eslru,.,. di;m fI'ruprn., n+l'0.•%!I/n1etl1 I ttt)riion.' I;Inckmatl, I r.url t)I•l i'u,u. I ateur. I her! (tticmc•• ) La:n- . cL n, 1.. 111.:11, N,ohhcl .`111111111 I'roperh • 411 1,t'nntC lino\+11.,,114()1reu'Ct.4i;unbinut!'+trr+l,r.qh•. Ub••ccm`,60011,1) I9o.Lu70+n. P,r,tp+,nlask Vrolaticn• Police Activity Calls For Servicet Total Response Time Code 3$ Response Time Officer-Initiatedt Proactivet Reports (DR's) Arrests§ Citations # of Incidents 1600 1200 800 400 0 NIP I1111r� YTD 2008 2007 2008 July August September 3,551 3,005 370 364 314 6:40 6:53 7:00 6:56 7:25 3:06 2:53 3:24 2:52 1:14 4,850 6,148 686 608 761 1,985 2,734 270 325 317 1,299 1,334 172 139 146 448 404 62 48 49 1,416 1,492 197 149 210 E ■ + . ■ ■ 1 ■ 1 ■ 1 ■ ■ 1III Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Calls For Service Prodded Fst ACSO/CAUah Officer -Initiated Proactive - 2007 Monthly Average September 2008 Top Calls For Service Burglary Alarm Auto Accident Non -injury Attempt to Locate Drunk Driver Welfare Check 1 or Sct:lee r 111/C11 C11C1,+1Co mall' , )I 1 non-Cnlu 1x11).` 1111111441, 111141 ee•11 116n11C 11b11UUa1411 111111; +01 Ilk '4 -Initialed' 1 rd11C •tnp. 1i:1411111er flat.! Jowl; ,v c nrrn tunGlels. unrbh_.Ire,! 11111. ' 1'nr'1tUse E)lC41e'd l+4111+b iCleelnr 11111114 0111),34/1)1/111..+ riohlcrn • 'l' 113_ unnhllgated 11111).` ;indc + all rcdlnnnz,m! mdrienet P..p)m•.c ',hell one Of 11101e ,1 111e 1.0110:%111:..1 c+,11+11111.113. 1, N:11C, Ctl I ' ..Isl ,1111.111ul1 111: 1111; : 011111111.:111 pr)irnt1,d l,'r >erwu> nrurt or death 111 ,un pc1..+110.. 1n order w 1"'' '111 ul 111111 a unn/ of ‘.1ilc•11c/.'then a 5_ll tou•. p.61 it. h.vaid 041• IS. yr C1L1^_•:1141 r/;pnit.e;tall Milani,: the Id.Chhnod 1 aprichcndur, a lelom ‹uanct \ l rC r Iohllc are based on 111/ arcs, 111 ,1114.11 111/ +1311;mal crime occurred. Data obtained from New World. CAD. Legan AS400 (STARS. and ITD WebCars databases Data queued 10)9108 Page I of 2 Property Crime YTD Vehicle Burglary Residential Burglary Commercial Burglary Construction Burglary Vandalism Other** Total 2007 42 30 8 10 85 110 285 Construction Site Check" 868 Property/Security Check 858 2008 47 29 11 7 68 109 271 2008 September E 5 5 v 20 1 1 0 a 6 z 16 o 0 34 30 A 6444111°.1\6..... 10 -� A 790 56 1,501 206 c CO A a ( c on u_ g a 2 < C11 0 0 0 0 400 - 300 200 100 0 Burglaries & Vandalisms —II—Construction Site/Property/Security Checks ,.'()Ther 1'roperh ( rime inchule: 13r11,i:. r acn:rlilinr I t 1:1.11 1 n,h;:.:l,n{u{t 1 .toruon IlI,.l,roll 1 (dud 1 arcor. 111•_11 ,1 inn \ rhi.lc I! -It l:rl h u{.I "It !:n I'mh:(l`. t )Il?nr.tti # of Checks 4. I{.{.1.111_ ul l''41,11011on`IICl'h.•.I,t*:_an m \ljrrh 2 Traffic Crashes Property Damage Personal Injury Fatal Total Alcohol -Related Crashes Traffic Stops DUI Arrests DWP Citations Moving Citations # of Crashes 25 20 0 YTD 2008 2007 2008 July August September 102 103 12 14 9 57 67 5 5 5 1 1 0 1 0 160 171 17 20 14 12 11 0 2 1 3,553 4,334 453 405 560 48 55 10 5 9 60 56 5 6 10 900 746 108 77 104 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec IIMMI Property Damage Personal Injury Fatal 2007 Monthly Average July - September 2008 Top Crash Intersections Highway 44 & Eagle Rd Eagle Rd & State St Eagle Rd & Chinden Blvd Highway 55 & State St Eagle Rd & Ranch Dr State St & Rosebud Ln Eagle Rd & Plaza St Highway 44 & W State St September 2008 Crashes by Time of Day 0000-0600 hrs 1 0600-0900 hrs 1 0900-1200 hrs 3 1200-1500 hrs 1 4 4 1500-1800 hrs 1800-2100 hrs 2100-2400 hrs 0 September 2008 Crashes by Day of Week Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 4 4 2 1 2 0 September 2008 Top Crash Contributing Circumstances Following Too Close Inattention Distraction In/On Vehicle Failed To Yield Pro.rded Ili ACSOICAU/th Dau obtained from Nee World. CAD Legan ASdat, (STARS, and ffD WebCars databases Page 2 oft Data quened I mau8 Concern #1—Compatibility State Street Eagle Island Crossing — Drive Thru Application 1 D ...m.ilConcern #1—Compatibility OFFICE To: Mayor Bandy and City Council Members From: Michael Williams, PCED. Planner II Subject: RL -08-03 MOD — Modification to Deve oprnent Aygreement (Instrument No. 105007541) — (Arts West Subdivision aka Symphony Subdivision), Eagle Island Crossing LLC represented by Kammie Oates with Horrock Engineers Date: July 3, 2008 • The Eagle Island Crossing Site Plan date stamped by the City on May 22, 2008. shoos Building "L" located on a lot adjacent to the area where the proposed Symphony Square residential subdivision is to be located with lots adjacent to the proposed restaurant with drive- thru location. Although the developer of Arts West Subdivision is required to provide a twenty -foot landscaped buffer area adjacent to Symphony Square Subdivision the intensification of the use at this site would not be compatible to the adjacent residential uses. Also, upon completion of Fisher Park Way to Flint Drive (residential collector) the additional traffic utilizing Flint Drive to access a restaurant with a drivc-thru would impact the residents located adjacent to Flint Drive. Eagle Island Crossing — Drive Thru Application 2 Concern #1—Compatibility Crystal Ball If the Drive Thru use is approved, the owners of "Symphony Square" will petition the City to change their land use to commercial or high density residential The Reason: Adjoining Land Use. Eagle Island Crossing — Drive Thru Application Concern #2 —Traffic Loading ACHD The applicant is requesting a Development Agreement Modification to allow 2,757 square feet of previously approved restaurant uses to be modified to allow a drive-thru. Based on the Institute of Transportation Engineers Trip Generation Manual (ITE) a 2,757 square feet restaurant with a drive-thru is estimated to generate approximately 1,370 vehicle trips per day. This is an increase of 1,020 vehicle trips per day over the previously approved restaurant use. City of Eagle staff has raised some concerns regarding the amount of traffic that could travel on Flint Drive (from Eagle High School) to access the proposed drive-thru restaurant. The District has no way to estimate the amount of high school traffic that would travel on Flint Drive to access the site. ACHD letter dated 10/28/08 by Mindy Wallace to Horrocks Engineers Eagle Island Crossing — Drive Thru Application Concern #2 —Traffic Loading Present Day Traffic Flow from Flint - raising Safety Concerns rn(uuI 1rrnnlm Umnu til 111111 (111.1 iill 11Tli'iiiijTl1j $: ....-..r �....-r,e,,. ..�.. ....> .. , '- .. --1v .::;::w,.....P.1-,•••••••••••4,-e J y'_440 -• X...r6a.va •_.b.pLYii . Eagle Island Crossing — Drive Thru Application Concern #2 Traffic Loading Eagle Island Crossing Entrance Lane from State Street. Presently carrying school and commercial traffic into the site. 1•I Eagle Island Crossing — Drive Thru Application 6 Traffic loading due to "drive thru" could block Northbound vehicles r-Wq re s 1 • Symphony Square 1Acre • Lot 1 Acre Lot State Streei Why that Matters - Eagle Island Crossing — Drive Thru Application • It matters because... It's not just the School ACHD EIC Traffic Impact Study of 12/12/07 Recommendations "Cove Colony will need to be blocked" N Summary A "Drive Thru" is not compatible with the residential Tots of Symphony Square. Remember ... they'll be back! Some traffic from Eagle High will use Flint Drive to access the "Drive Thru" creating school safety concerns. Thinking long term shows that this location for the "Drive Thru" could provide traffic obstructions — now and in the future. Something to say Yes to — I would not be here tonight if this Drive Thru were to be located on the extreme west end of the property. Eagle Island Crossing — Drive Thru Application EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP October 28, 2008 RZ-19-05 MOD1 - Modification to Development Agreement — (Lonesome Dove Subdivision). Lonesome Dove. LLC: NAME ADDRESS n R-? ,a,,ows,Ay TESTIFY PRO/ CON or YES/NO NEUTRAL PK, 0 Arts West Subdivision Modification to Rezone Development Agreement EflFH anal, Arts West Subdivision IIIIRIJX KY —1 `. t�..-. IS `; T� .;+ I 0, 1 Site plan showing Building "L" with drive-thru Based upon the hearing on September 23, 2008, our client, Eagle Island Crossing, LLC, has identified the following issues requiring response: ► Are drive through uses permitted within the MU -DA zoning district? ► Have traffic issues related to the Arts West Subdivision and this request been adequately evaluated? ► What traffic mitigation has been required with respect to the development of the Arts West Subdivision and this request? ► Does a drive through in Arts West Subdivision pose any danger to students at the schools in its vidnity? ► Does the opposition of residents of the Colony Subdivision alone merit denial of this request? 2 1. Drive through uses are permitted within the MU -DA zoning designation through Planned Unit Development ("PUD") or Development Agreement processes. There is a strong presumption of validity favoring the actions of a city when applying and interpreting its ordinances. Lamar Corp. v. Gly of Twin FFall4133 Idaho 36, 43, 981 P.2d 1146 (1999). Such interpretations must, however, be free from "capriciousness, arbitrariness or discriminatin." South Fork Coal. v. Board of Comm'rs ofBonneville County, 117 Idaho 857, 860, 792 P.2d 882, 885 (1990). swrt9pcks 1. Drive through uses are permitted within the MU -DA zoning designation through Planned Unit Development ("PUD") or Development Agreement processes. Section 8-6-4 of the Eagle Qty Code regarding permitted uses within a PUD: All upseers that maybe allowed within the land use disbtct a(100%) of the gross lmitted withinand area may up to ten too other commercial office, public and quasi public uses that are not allowed within the land use district provided, that there is a favorable finding by the council. Eagle permits the Development Agreement process to be used In lieu of a PUD application as set forth in Section 8-2-1 of the Eagle Qty Code. 1. Drive through uses are permitted within the MU -DA zoning designation through Planned Unit Development ("PUD") or Development Agreement processes. The City Council granted Mlipark's developer one drive through and also a up to ten percent 10%) of the total Millpark development for drive throughs condtional use permits. Section 3.5 of the Millpark Development Agreement, recorded January 15, 2008 as Instrument No. 108005081, provides as follows: In addition Restaurant (with drive madam which is prohibited within said section of Eagle City Code and on the Property as noted above with aentire pp Conditional tln/t except that the drive thru nsstaurantas shown on the Concept Plan as BuAdiag L shad be permitted with this ntagreement Iirc i cxa 3 1. Drive through uses are permitted within the MU -DA zoning designation through Planned Unit Development ("PUD") or Development Agreement processes. The City Council approved an almost identical request for the Old Valley Subdivision developmuitin an MU -DA zone, as set forth in Section 3.5 of the findings adopted September 9, 2008: In addition, a Vet Clinic (with no boarding), which is prohibited within said section of Eagle City Code and on the entun peprov of a��/aitional uusseppeerrmi Th furan withhe iii e-thnu bitted ant of the M M Cwwhkh is the Property es no bempioldbited within said section of �be�� with Mr development agreement. 2. Traffic generated by the Arts West Subdivision and the proposed drive through has been adequately studied, evaluated, and addressed in this request and prior applications. Two separate traffic Impact studies were submitted previously by Applicant to Eagle, ACHD, and ITD: Eagle Island Crossing Traffic Impact Study was submitted by Horrocks Engineers on May 3, 2007. Temporary S as submitted by HorrocAccess for She Arts ks sTraffic School m Engineers on ISS 11, 2007. nvI - INOR encs 2. Traffic generated by the Arts West Subdivision and the proposed drive through has been adequately studied, evaluated, and addressed in this request and prior applications. Both ACRD and ITD have previously given their respective approvals for the overall site approvals as part d the preliminary and final plat approvals for the Arts West Subdivision. ITD and ACRD both reviewed the final plat based upon the Traffic Impact Studies and based their site specific requirements upon them. As confirmed by both ACRD and ITD, this Application will not require any additional traffic mitigation, and has no effect upon prior approvals by those agenaes. 4 3. The Arts West Subdivision has already been required to mitigate not only the traffic that will be generated by the development and this request, but also the traffic generated by other developments in the area. As currently approved at full buildout, Arts West Subdivision will generate approximately 4,328 weekday trips. Arts West Subdivision has been required to also provide roadway capacity on Asher Park Way for an estimated additional 3,000 vehicle trips per day generated by the Mftipark Subdivision. This use will not create any demand on existing transportation infraWu to excess of what has been required and provided. IItORlipCICS 3. The Arts West Subdivision has already been required to mitigate not only the traffic that will be generated by the development and this request, but also the traffic generated by other developments in the area. Among the on and off-site traffic tmis to ensure the safe flow of vehicular and tra�Applicant has been required to accomplish • Share In the construction of a signal at the Intersection of State Highway 44 and Fisher Park Way. • Install conduit and fibers to connect signals at Fisher Park Way, Park Lane and Linder on State Highway 44. • Construct pedestrian facilities on State Highway 44 frontage. 3. The Arts West Subdivision has already been required to mitigate not only the traffic that will be generated by the development and this request, but also the traffic generated by other developments in the area. • Improve Flint Drive frontage to collector standard. • Construct Fisher Park Way to collector standard with roundabouts, pedestrian islands, and pedestrian facilities. • Prohibit direct lot access from the Arts West Subdivision onto State Highway 44, Fisher Park Way and Flint Drive except at the access points authorized by ACHD and ITD. unci► fxhca 5 4. Students at Eagle High School and Arts West School will not be endangered by a drive through at this site. The City Council hasly approved Millpark Subdivision with a minimum of one ( � through and potentially more with conditional use permits. The Oty Council has previously approved Old Valley Subdivision, with one drive through located at the signalized intersection of State Highway 44 and Park Lane. There is a Stinker convenience store on State Highway 44 west of Park Lane. th All are closer to Eagle High School than this proposed drive roug f'- Ia[)R/LOCKa 4. Students at Eagle High School and Arts West School will not be endangered by a drive through at this site. Schools typically are constructed in close proximity to the type of limited food service use proposed at this site. Limited food service uses are typically constructed In dose puamity to the type of schools located near this site. Many schools are located much doser to fast food restaurants, convenience stores, and grocery stores, uses that are not sought here. 1111111122; — I ! Ic as Meridian High School 1900 W. Pine Avenue, Meridian, ID 83642 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL Mist Anes Crtla 1625 W Fra *55 Rd 067 Taco ON Mar 1535 W. Rankin Rd 0.66 Molls Java 1551 W. Chsny Ln. 0.70 Dutch Bro6na Cafaa 1701 W Franklin Rd 0 71 Bap Taco 1735 W Franke Rd 0 7S Subway 1765 W Franklin Rd 077 Pima Hu 1752 W- Cherry Ln. 075 6 Mountain View High School 2000 Millennium Way, Meridian, ID 83642 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCH00L (MOLES) DuWl Brothers Copes 2170 E. Overland Rd 027 Candor/Ds Deli 2020 E Overland Rd 0 31 Part of Subs 2310E Overland Rd 039 MN Tens Coffee House 2951E Overland Rd. 075 New York New York 2951 E. Overland Rd. 0.75 Fresh Dell Odoba Mexican GNI 3008 E. Overland Rd 052 TCBY 19308 EspleRd. 0.92 Mod* Java 1630 8 Eagle Rd 092 Oulano's 18305 Eagle Rd 092 Capitol High School 8055 Goddard Road, Boise, ID 83704 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL (MILES) Ossls Coffse Co 7502 W. Goddard Rd 0 17 Amman Subs and 7700 W Goddard Rd. 020 Calemp McDonald* 4025 N Glenwood 51. 062 Cads Jr. 4990 N. Glenwood SI. 0.72 Starbucks 4971 N. Glenwood 51. 0.72 Dawson's Coffee 4925 N Glenwood SI. 0.72 Taco BN at09 W Chnden Blvd 0,73 Arby's 11117 Cnaden Bid 0 73 0sey Gunn 5251 N Glenwood SI. 0 83 Wendy's 5525 W. Clrn6en Blvd 090 Ind Meyer 5425 W CMnun Blvd 090 4: 4 V_ Timberline High School 701 E. Boise Ave., Boise, ID 83706 rlURjOCKl ESTABLISHMENT ADDRESS APPROXIMATE 0ISTANCE TO SCHOOL PALES) Starbucks 072E Bow. Ave 002 Nor9rarn 119515 Cafe 850E Bow Ave 004 Daley Queen 550E Bow Ave. 0.12 Mc0onald'e 2510 Apple S1 0.19 BdnpM Subs S Salads 2475 Apple SI. 024 Mone Java 2454 Apple S1 024 Subway 2400 Apple 31 029 Pan Hul 2300 8 Apple 51 036 015000on. 909 E. Parkurtet Bid 0 42 Iaawa�ocus 7 Boise High School 1010 Washington Street, Boise, ID 83702 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL MILES) Subway 1108 W. Slat. SI. 0.13 Jim's Coles Shop 812 W. Fort St. 0.33 Fanci Free2 1402W. Stat. S1. 0.35 Themes Norma Coffee 298 N. 8th SI 040 Roastn9 Moons IOtchen 815 Bannock SI. 040 Burger 10119 1700 W. Slat. SI. 0.57 TCBY 1790 W. Slate SI. 0.64 Starbucks 1797 W. Stat. SI 084 M000e Java 1750 W. Slat. St. 064 West Side Drive Inn 1939 W. Slat. Sl. 0-73 124^"""- 1 NIBLICK. 4. Students at Eagle High School and Arts West School will not be endangered by a drive through at this site. This is also true for junior high schools and grade schools that are constructed dose to state highways. Lowell Scott Middle School 13600 W. McMillan Road, Boise, ID 83713 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL (MILES) Subway 13601 W. Malden Rd. 0.01 Taco Del Mar 13813 W. McMltan Rd. 001 Albertson, 4700 N. EapN Rd- 0.13 Ii LICKS East Junior High School 415 Warm Springs Ave., Boise, ID 83712 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL (MILES) Okapis Subs 8 Salida 111 Broadway Ave. 0 17 TCBY 111 Broadway Ave. 0 17 7 -Eleven t07 Broadway Ave 0 17 Cads Junior 226 Broadway Ave 0 23 8 Taft Elementary School 3722 Anderson Street, Boise, ID 83703 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL (MLES) Viking Drbe In 3790 W. Stale St. 004 Starbucks 3809 W. State St. 008 Wendy's 3880 W. State St. 0.11 Albertson: 3614 W. State St 0.12 Moine Java 4103 W. State St. 030 Dawson's Orbe-TMu 4213 W. State St 0.41 f/N4i.F.M11- Lowell Elementary School 1507 N. 28th Street, Boise, ID 83703 IIORPUCK3 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL NILES) Puma Hut 2602 W. State St 012 Jackon's Food 3110 W. State St. 0.36 KFC 3220 W. State St 0.39 Subway 3220 W. State St 0.39 St. Mary's School 2620 W. State Street, Boise, ID 83702 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL cMLEs) Pau Hut 2602 W. State St. 0.09 Jackson's Food 3110 W. State St. 0.35 Subway 3220 W. State St. 0.43 KFC 3220 W. State St 043 Mum;1�h mY.T- II I�R�4xK8 � 9 4. Students at Eagle High School and Arts West School will not be endangered by a drive through at this site. The safety of students at the Arts West School has already been addressed to the prior approvals for Arts West Subdivision. Fisher Park Way has been constructed In dose consultation with ACHD to ensure that itis a safe facility due to its proximity to Arts West School. Fisher Park Way has a roundabout, pedestrian Islands, and pedestrian facilities to calm traffic and protect pedestrians. InoRipm.. 4. Students at Eagle High School and Arts West School will not be endangered by a drive through at this site. Arts West School has been constructed with student access and loading from the school's parking lot to the north. Students do not access the school directly from Fisher Park Way. The September 11, 2007 traffic Impact study found that: The proposed development consists of approximately 60 students attending the private music school. The school is . �I'.. Ja corrrmuterschool because it Is private school and hero is no bussing available most parents drop-off and pick-up their children Very few pedestrian trips aro anticipated as part of this moject ME AM.- Ho_s 4. Students at Eagle High School and Arts West School will not be endangered by a drive through at this site. Prior to the Arts West Subdivision application neither ITD nor the Gty of Eagle required developers of residential subdivisions to construct pedestrian facilities on the north side of State Highway 44. Sidewalks have been constructed throughout Arts West Subdivision and along State Highway 44. There may be enhanced pedestrian connectivity in the future. 1q(WK• 10 4. Students at Eagle High School and Arts West School will not be endangered by a drive through at this site. The administration at Arts West School does not have concerns with this request due to the prior mitigation efforts that have occurred. Ken Genii, the owner of ArtsWest School has noted that: During the awmval 'mess for ArtsWest School we worked closely withO to assure that the design of the madways and traflk cfrr'uladron met ACHD standards of use and safety, keeping In mind that the school would be located within a development that would generate traffic for purposes not related to school uses MrelleniMPO- 5. While the neighboring property owners certainly have the right to participate in this process, their objections alone do not require the denial of this Application. The City Council Is functioning in a quasi-judicial capacity on this Application. The Local Land Use Planning Act C'LLUPA") affords neighboring pprrooppeerrttyy owners specific rights in the land use process, specifically, the right to notice, to participate, and to appeal. LLUPA does not provide that neighbors' opposition constitutes a basis to deny an application. IllEI=MP- I !`! OCKS 5. While the neighboring property owners certainly have the right to participate in this process, their objections alone do not require the denial of this Application. Granting a "neighbor veto" in land use regulation Is unconstitutional. Eubank v. City of Richmond, 226 W.S. 137 (1912). Requiring neighbor consent in land use regulations is also unconstitutional. Washington ex rel. Seattle Title Trust Co. v. Roberge, 278 U.S. 1161928)• Thurston v. Cache County, 626 P.2d 440 (Utah 1981) "the consent of neighboring landowners may not be made a criterion for the issuance or denial [of] a conditional use permit"). 11 5. While the neighboring property owners certainly have the right to participate in this process, their objections alone do not require the denial of this Application. Similarly, no property owner in Idaho has a vested right in the existing or continuing zoning of neighboring property. Last r, the Idaho Supreme Court, such an argument by144 Ida318(2(ng �dinngg thownerat"[tj `�nnoo v°vesstededlright to prevent a landowner does � not eevven have [neighboring] vested riwght towpreventve changes in the permissible use of his own property. As such, neighboring property owners therefore have no vested right to an existing development agreement. 12 Food Service Establishment/Educational Facility Proximity Review for Development Agreement Modification for Arts West Subdivision - October 28, 2008 Meridian High School 1900 W. Pine Ave. Meridian, ID 83642 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL (MILES) Arctic Circle 1625 W. Franklin Rd. 0.67 Taco Del Mar 1535 W. Franklin Rd. 0.68 Moxie Java 1551 W. Cherry Ln. 0.70 Dutch Brothers Coffee 1701 W. Franklin Rd 0.71 Baja Taco 1735 W. Franklin Rd. 0.75 Subway 1789 W. Franklin Rd. 0.77 Pizza Hut 1752 W. Cherry Ln. 0.75 1 43607.0002.1316041.4 Food Service Establishment/Educational Facility Proximity Review for Development Agreement Modification for Arts West Subdivision - October 28, 2008 Mountain View High School 2000 Millenium Way Meridian, ID 83642 ESTABLISHMENT Dutch Brothers Coffee Gandolfo's Deli Port of Subs Me Time Coffee House New York New York Fresh Deli Qdoba Mexican Grill TCBY Moxie Java Quizno's ADDRESS 2170 E. Overland Rd. 2020 E. Overland Rd. 2310 E. Overland Rd 2951 E. Overland Rd. 2951 E. Overland Rd. 3068 E. Overland Rd. 1630 S. Eagle Rd. 1630 S. Eagle Rd. 1630 S. Eagle Rd. APPROXIMATE DISTANCE TO SCHOOL (MILES) 0.27 0.31 0.39 0.75 0.75 0.82 0.92 0.92 0.92 2 43607.0002.1316041.4 Food Service Establishment/Educational Facility Proximity Review for Development Agreement Modification for Arts West Subdivision - October 28, 2008 Capitol High School 8055 Goddard Road Boise, ID 83704 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL (MILES) Oasis Coffee Co. 7802 W. Goddard Rd. American Subs 7700 W. Goddard Rd. and Catering 0.17 0.20 McDonald's 4825 N. Glenwood St. 0.62 Carl's Jr. 4999 N. Glenwood St. 0.72 Starbucks 4971 N. Glenwood St. 0.72 Dawson's Coffee 4925 N. Glenwood St. 0.72 Taco Bell 8109 W. Chinden Blvd. 0.73 Arby's 8117 Chinden Blvd. 0.73 Dairy Queen 5251 N. Glenwood St. 0.83 Wendy's 5525 W. Chinden Blvd. 0.90 Fred Meyer 5425 W. Chinden Blvd. 0.90 3 43607.0002.1316041.4 Food Service Establishment/Educational Facility Proximity Review for Development Agreement Modification for Arts West Subdivision - October 28, 2008 Bishop Kelly High School 7009 W. Franklin Rd. Boise, ID 83709 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL (MILES) Subway 7373 W. Franklin Rd. 0.24 TJ's Burgers 601 N. Cole Rd. 0.65 Starbucks 8077 W. Franklin Rd. 0.69 Jack in the Box 205 N. Milwaukee 0.70 Wendy's 7609 W. Emerald St. 0.92 . 4 43607.0002.1316041.4 Food Service Establishment/Educational Facility Proximity Review for Development Agreement Modification for Arts West Subdivision - October 28, 2008 Boise High School 1010 Washington Street Boise, ID 83702 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL (MILES) Subway 1106 W. State St. 0.13 Jim's Coffee Shop 812 W. Fort St. 0.33 Fanci Freez 1402 W. State St. 0.35 Thomas Hammer 298 N 8th St 0.40 Coffee Roasting Moons Kitchen 815 Bannock 0.40 Burger King 1700 W. State St. 0.57 TCBY 1790 W. State St. 0.64 Starbucks 1797 W. State St. 0.64 Moxie Java 1750 W. State St. 0.64 West Side Drive Inn 1939 W. State St. 0.73 5 43607.0002.1316041.4 Food Service Establishment/Educational Facility Proximity Review for Development Agreement Modification for Arts West Subdivision - October 28, 2008 Timberline High School 701 E. Boise Ave. Boise, ID 83706 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL (MILES) Starbucks 672 E. Boise Ave. 0.02 Northern Lights Cafe 650 E. Boise Ave. 0.04 Dairy Queen 550 E. Boise Ave. 0.12 McDonald's 2516 Apple St. 0.19 Blimpie Subs & Salads 2475 Apple St. 0.24 Moxie Java 2454 Apple St. 0.24 Subway 2400 Apple St. 0.29 Pizza Hut 2300 S. Apple St. 0.36 Albertsons 909 E. Parkcenter 0.42 Blvd. 6 43607.0002.1316041.4 Food Service Establishment/Educational Facility Proximity Review for Development Agreement Modification for Arts West Subdivision - October 28, 2008 Lowell Scott Middle School 13600 W. McMillan Rd. Boise, ID 83713 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL (MILES) Subway 13601 W. McMillan Rd. Taco Del Mar 13613 W. McMillan Rd. Albertsons 4700 N. Eagle Rd. 0.01 0.01 0.13 7 43607.0002.1316041.4 Food Service Establishment/Educational Facility Proximity Review for Development Agreement Modification for Arts West Subdivision - October 28, 2008 East Junior High School 415 Warm Springs Ave. Boise, ID 83712 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL (MILES) Blimpie Subs & Salads 111 Broadway Ave 0.17 TCBY 111 Broadway Ave 0.17 7 -Eleven 107 Broadway Ave. 0.17 Carl's Junior 226 Broadway Ave. 0.23 8 43607.0002.1316041.4 Food Service EstablishmentlEducational Facility Proximity Review for Development Agreement Modification for Arts West Subdivision - October 28, 2008 Taft Elementary School 3722 Anderson St. Boise, ID 83703 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL (MILES) Viking Drive In 3790 W. State St. 0.04 Starbucks 3809 W. State St. 0.06 Wendy's 3680 W. State ST. 0.11 Albertsons 3614 W. State St. 0.12 Moxie Java 4103 W. State St. 0.30 Dawson's Drive-Thru 4213 W. State St. 0.41 9 43607.0002.1316041.4 Food Service Establishment/Educational Facility Proximity Review for Development Agreement Modification for Arts West Subdivision - October 28, 2008 Lowell Elementary School 1507 N. 28th St. Boise, ID 83703 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL (MILES) Pizza Hut 2802 W. State St. 0.12 Jackson's Food 3110 W. State St. 0.38 KFC 3220 W. State St. 0.39 Subway 3220 W. State St. 0.39 10 43607.0002.1316041.4 Food Service Establishment/Educational Facility Proximity Review for Development Agreement Modification for Arts West Subdivision - October 28, 2008 St. Mary's School 2620 W. State St. Boise, ID 83702 ESTABLISHMENT ADDRESS APPROXIMATE DISTANCE TO SCHOOL (MILES) Pizza Hut 2802 W. State St. 0.09 Jackson's Food 3110 W. State St. 0.35 Subway 3220 W. State St. 0.43 KFC 3220 W. State St. 0.43 11 43607.0002.1316041.4 ARTSWEST \like \\ Iihams L It\ ))t I'.agle P.O. B \ 1520 Lat2.le. 11) 8 3(,1() Dear \like. I ant \\ riling to e\llress nl} support Ii)i the proposed drne-thtu 111 the .-\rts\1 est Stlhdl%iston. I understand that sitlet\ in and around our schools IS (tithe utmost importance.'atuiall\, the Issue 01 student salet\ \\ its addressed in the design of the school and the u\ crall suhdi\ inion During the alipru\ al process for :\its\\'est school. \\e \\Orked LIOsel\ \\ ith \(-I 11) to assure that the design of the road\\a\s and traffic circulation diet :\(I11) standards of use and .;rioi\. keeping in mind that the school \\ould he located \\ithin it development that \\ cold generate truffie for purposes not related to school uses. Per \('I II)'s iequest. the dfe\eloper installed a ruundrthout for traffic calming and oriented the school so that all Ioadinii and unloadinu \\uultl occur in the hack til the school along 1 lint 1)r. Since the school hits opened. \\c ha\ c had no instances of student sates\ hcing ie))hardiied it an\ \\a\ due to traflic or the surrountlin�L de\clolmlent that i1 occur! Ing. 1 he fart that the htuposed dri\e-thru is located F)11 of 1 Isher Palk \1 a\ is 01.110 concern to MC 1 (10 not feel that this dri\e-thru \\ould pose all\ danger Io student safer\ ur eaul;e an\ issues \\ ith Jail\ school traffic. �Illeel'tl\. ~ • i:en ("c' ell O\\ net. \rts\Vest School •41`, F, n1 r"..• E-:?gr'3 1t.' 143h / 21)"-i ]s - 41F; / n. School for the PerformIng & Visual Arts Terra View Mixed Use Development Eagle City Council Presentation October 28, 2008 LEG EN 1) 41 Original Concept Plan October 007 11 Terra View Conceptual Development Plan I 1 I fru I RI .411, 11 111 'I' • L i=1 •,11,1 11 11 • • , \ AI 1•1 1)1 1 1 ON\ i I 11 III Kt ..11 \ 1 • • ItEl'NEN & BARDIS DEVELOPMENT L NEI ('ITV 01: EAGLE. I1)\1 10 1 LEGEND 1 1 Concept Plan December 18, 2007 :patit3 - ff • • 8:111VA • • • :I Fut 41. MAUI • S4 sindelome.••••••••••.mirlrevirlrogra • 21.I370 ce Lor' • 4 • • 12,000 si Lois MIUD L. Terra View Conceptual Development Plan •1)k (L(1111 I. \ Su' A ;Ali 1- Ti • • •10~4.4sw , L.1•1_ :4-14 1 2 INN I •,1 • •C30 4 .. , 'Oh \ SI.A.JII 8,111111 sl I op- .111 ''. '' % ' "(f 4.1 111 . q). MIMI., Us/ • t I SI - — • ft 1 .••• jIl AMP •••-• L.P31%11Il/ lit, •• 4,0 • 4 • • I' 11.10110 tAll, 11' • dd. It r. `)-• • 41-°.• • I • REYNEN & BARD'S DEVELOPMENT 111/ MA wan CITY OF EAGLE, 1 DAI 10 n I s c Terra View Concept Plan July 2008 LEGEND Terra View 1 t 1� _t 1 • I 1 i .I I�LLt. • I I RESIDENTIAL \'I•l:\1 RI•,II)t\l'I.\I. I • ...♦ • _. Il - �,, Nl:r(IIIROR11OO1) NI:ICItISG)R'IlOUI1 1 ' IJ% •I \I(I)-1'SI-:: 1 • 4 1111 • T� `\ • t.% • •_ • r; = ` • f`♦ • t ('()\I\II.It('I\1. 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PATHWAY S[t: TIC,N T S 1, .1( 1 no. :is% Mosce:, ex.m5Akv MIMS SOO CY • IMP W 8LACON LIGHT ROAD N PALMER LANE. T'4 .IEV ,Hr011• • r .0 • l HARTLE v ROAD Har11-v Sut,di.r,r.ar CruuF••,1 Ilrvrr `;uhdivr,lnn Hlghr:av I� Minot Attertdl ProF'us I Art. -13I R d'1 'Alignments t.lajor C•nlloctol Ploposerl C.oller for Road A6gnnwnta Future Interchange • • Conclusion LEGEND LOT 13,7A.OS",d. •. • MI Rif Terra View . , j rte,. . -t rMv emu r,.:,. MEME ME-•-Er .:.Ter Ilrnr1.4: WIN .r.•-- f — ♦� 1 1 • 1M1XEI):11SE� 1" 1 • I - itr •• • • • RESIDENTIAL Ni! -I130KH001) 1 *rr i1 1- i 1 1 • e 1 1 r0 1 ♦, I • 1 • /CCI Il- I 1IL I I'i) 'a, •% , •, 7 a,1 �� PARK 1KI SI1)I•.\'1111, • II, , • • • . 8 1 <'` ' COMMf?KCI:\1 "- • OFFICE 1 ; COMAII:KCI;NL;, 1 ' i 1 1 ;� 1 1 �� •j COPPICE. � 1 A SB/CI-I. LLC Community 1+ l 5 , G N .. < Community T1$ emi ng