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Minutes - 2011 - City Council - 06/14/2011 - Regular EAGLE CITY COUNCIL Minutes June 14, 2011 PRE-COUNCIL AGENDA: 5:30 p.m. - 6:30 p.m. A. Eagle Public Library tour and talk: Please meet in the front lobby of the Library [100 N. Stierman Way] at 5:30 p.m. for the tour and talk. Council member Grasser, Semanko and Shoushtarian tour the library facility . INVOCATION REGULAR COUNCIL AGENDA: 6:30 p.m. 1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 6:35 p.m. 2. ROLL CALL: Present: SHOUSHTARIAN, SEMANKO, GRASSER. Absent: HUFFAKER. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance. 4. PUBLIC COMMENT: None Semanko inquires as to the status of the Land of Rock application as he thought the applicant had requested a continuation and questions the manner in which it was noticed on the agenda. Discussion. Semanko moves to amends the agenda to move this agenda item up (Land of Rock Concert Series) to immediately after public comment before the consent agenda,so we can decide whether or not we are going to continue this item. Seconded by Grasser. ALL AYE...MOTION CARRIES. PUBLIC HEARING A. CU-02-11 —Commercial Entertainment Facility(Outdoor) and Live Entertainment Events (Concerts)- Land of Rock,LLC.: Land of Rock, LLC, represented by Shawn Nickel with SLN Planning, is requesting conditional use permit approval for a Commercial Entertainment Facility (outdoor) and Live Entertainment Events (Concerts). The 24.6-acre site is located on East Riverside Drive approximately 1500 feet west of Edgewood Lane at 827 East Riverside Drive. (WEV) A.1: DR-12-11 —Commercial Entertainment Facility(Outdoors)—Land of Rock,LLC: Land of Rock, LLC, represented by Shawn Nickel, is requesting design review approval of a commercial entertainment facility(outdoor). The 14.6-acre site is located on the south side of East Riverside Drive approximately 1,500-feet west of Edgewood Lane at 827 East Riverside Drive. (WEV) Council discussion regarding the applicants request for continuance and how the item was noticed on the agenda. City Attorney Buxton states the City is required to meet certain statutory requirements for publication of the hearing and mailing meeting notices. The City received the request from the applicant for continuance after the notices and publication had been sent out. While the Council may choose to continue an item at the applicant's request, it is still important that the public shows up because it is up to the Council to continue the item or not. Just because it is requested, does not imply that the wish is granted. Her recommendation is that as there are people in attendance tonight due to the public hearing notices, that the City take their testimony and keep the public hearing open on this matter for whatever date certain it is continued to. Discussion. Semanko moves to go ahead with The Land of Rock public hearing but leave the public hearing open for the 215`(June)with any decision to be made following the close of the hearing on the 215` I do not want to preclude anyone from testifying tonight that would prefer to testify tonight as opposed to the 21st. Seconded by Shoushtarian. Discussion. ALL AYE...MOTION CARRIES. Mayor Reynolds introduces the issue. Shawn Nickels 1589 N. Estancia Place Eagle, Idaho representing The Land of Rock. Mr. Nickel states that the applicant is not prepared to present their application tonight. Page 1 K-\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-14-I I min.doc City Planner Williams briefly reviews the staff report for CU-02-11 as well as the Eagle Planning and Zoning Commission recommendations. City Attorney Buxton provides guidance on public testimony rules of order to ensure a clear public record. Mayor Reynolds opens the public hearing. Robert Christensen 252 E. Woodlander Dr. Eagle, Idaho and is approximately 1,800 feet from the stage. Mr. Christensen states that by his recollection last year Ada County had established decibel level limit on the noise from the rock concerts and he does not believe those limits are included in the current proposal or conditions of approval. Lewis Amorebieta 325 E. Woodlander Ct. Eagle, Idaho lives approximately 600-700 yards from the stage. Mr. Amorebieta inquires how many concerts are being proposed and what the requested end time the applicant has requested. Planner Williams states that City Staff is recommending that concerts end at 9:00 p.m. on school nights, while the applicant has proposed 10:00 p.m.. Last year Ada County Commissioners approved the 10:00 p.m. end time. The Eagle Planning and Zoning Commission struck the 9:00 p.m. condition that City Staff had recommended and granted the applicants request for a 10:00 p.m. end time. Discussion regarding concert end times. Mr. Amorebieta states he is not prepared to testify tonight and would like to hear the applicant's presentation. He would rather the concert series be denied, but if it is approved he would prefer that conditions similar to what Ada County approved last year be implemented. Planner Williams states that upon review of Ada County's conditions of approval the County did not impose a decibel level limitation. However, Eagle's Planning and Zoning Commission established a site specific condition of approval requiring the applicant to submit an updated noise impact study so that the City Council can make a determination regarding an acceptable decibel level for live concert events prior to the issuance of a zoning certificate. Shawn Nickel states that the applicant intends to give a full presentation at the June 21st meeting. He knows there are several questions that the public may have and these questions will be addressed at the next meeting. It is his hope that those people unable to attend meeting next week would testify tonight and that the others would wait until his formal presentation next week. City Attorney Buxton reminds the applicant, and the Council,that a request of continuance does not guarantee that the Council will indeed continue the application because of this very issue. While she understands the applicants concerns, the City has a duty to make sure the public has a full and fair meaningful opportunity to comment on an application that was appropriately noticed for hearing. Harry Gillis 1670 S. Willow Lake Way Eagle, Idaho living'A of a mile from the venue. Mr. Gillis asks the reason for the request for continuance, and if perhaps the request could be read for all to hear. City Planner Williams reads the request from the applicant's representative into the record dated received by the City on June 8th requesting a continuance so that a full Council will be present for the public hearing. Letter attached to minutes. Mr. Gillis states that he and his family enjoy outdoor activities during the summer months. There was a noticeable tone or beat from the concert series last year. If affects his quality of life and impacts his sleeping habits. He does not feel that the current noise ordinance is adequate. Mr. Gillis surveyed local businesses and only one or two benefited from the concert series. If the Council intends to approve the application, and he hopes they do not, that it would be an approval of only one year, concerts ending at 10:00 p.m., disallow the other live entertainment events as the request is too vague. The number of concerts should be limited to 10 for the season and the season should be limited to the months of July, August, and September. Also a phone number at City Hall that people can call to complain about the concert series so that the complaints can be formally logged to the City. He would also hope the City would re-address their noise ordinance. Page 2 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-14-11 min.doe Robert Christensen 252 E. Woodlander Dr. Eagle, Idaho lives about 1,800 feet west of the stage downstream. Eagle residents have paid a premium to live in the Eagle community. They did not want to live near rock concerts. It is not appropriate for residents to sacrifice their premium lifestyle in order for this land speculator to profit. The sound of the concerts was surprisingly variable, some were softer others had more booming base that could be heard. Brent Brocksome 1 142 E. Riversong Eagle, Idaho south of the stage. His home is one of the closest to the venue near the older bridge that comes from Riversong. There may only be one or two homes closer than his to the stage. He is reserving judgment until he sees the applicant's presentation next week. Last year he did not find the concert series objectionable. There seemed to be adequate security and the noise was not objectionable, however will reserve judgment. Staff is directed to post the staff report for this item on the City webpage. Lewis Amorebieta 325 E. Woodlander Ct. Eagle, Idaho is across the north channel around 600 yards from the stage. He says the sound is like listening to kids in the garage with their boom-boxes turned up full volume, with a constant beat and drumming. There is point and time when you have to say that this is not a good fit for Eagle. Sue Sainer 348 E. Woodlander Ct. Eagle, Idaho living approximately 400 feet from the venue. Ms. Sainer agrees with the testimony against application. Her windows vibrate when the concerts are going. Via Collens 324 E. Woodlander Ct. she would like to reserve her testimony for the next meeting. End of public testimony for the evening. 5. CONSENT AGENDA: • Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. ♦ Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Claims Against the City. B. Minutes of May 24, 2011. C. DR-04-11 —Common Area Landscaping,Pool House, and Pump House for Shaunessy Subdivision—BHH Investments I, LLC: BHH Investments I, LLC, represented by Scott Noriyuki with Northside Management, is requesting design review approval of the common area landscaping, pool house, and pump house for Shaunessy Subdivision. The 95.32-acre site is located approximately 1,320-feet north of West Floating Feather Road between North Park Lane and North Meridian Road at 1680 North Park Lane. (WEV) D. DR-05-I1 —Two Monument Signs for Shaunessy Subdivision —BHH Investments I, LLC: BHH Investments I, LLC, represented by Scott Noriyuki with Northside Management, is requesting design review sign approval of two monument signs. One monument sign is proposed to be located at the entrance on North Park Lane and the second monument sign is proposed to be located at the entrance on Meridian Road. The 95.32-acre site is located approximately 1,320-feet north of West Floating Feather Road between North Park Lane and North Meridian Road at 1680 North Park Lane. (WEV) E. DR-18-11 —Master Sign Plan for a Multi-tenant Professional/Medical Office Building,Including Signage for American Acupuncture Center—American Acupuncture Center: American Acupuncture Center, represented by Kristen Burris, is requesting design review approval of a master sign plan for a multi-tenant professional/medical office building. The applicant is also requesting design review Page 3 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-14-I 1 min.doc approval of signage for American Acupuncture Center. The site is located on the southeast corner of South Eagle Road and Aikens Road at 128 South Eagle Road. (WEV) F. DR-19-11 —Shop/Warehouse Building—Eagle Water Company: Eagle Water Company, represented by Kevin McCarthy, PE, with KM Engineering, LLP, is requesting design review approval to construct a 2,880-square foot shop/warehouse building. The 2.41-acre site is located on the west side of North Horseshoe Bend Road approximately 1,425-feet north of Hill Road at 10405 North Horseshoe Bend Road. (WEV) G. DR-66-06 MOD—Modification to the Pool and Clubhouse within The Preserve (formerly Eaglefield Estates Subdivision)—Coleman Homes,LLC: Coleman Homes, LLC is requesting design review approval to modify the pool and clubhouse facilities within The Preserve Subdivision (formerly Eaglefield Estates Subdivision). The 2.4-acre site is located on the west side of North Golden Crown Way approximately 1,000-feet north of West Escalante Drive. (WEV) Shoushtarian asks that claims against the City be moved to the end of the meeting so that Council has more time to review the claims. Seconded by Semanko. ALL AYE...MOTION CARRIES. Grasser moves to approve the Amended Consent Agenda items B, C,D,E,F, G. Seconded by Semanko. ALL AYES: MOTION CARRIES 6. PROCLAMATIONS & RESOLUTIONS: NONE 7. UNFINISHED BUSINESS: A. Review of Joint Parking Agreement between Customedica and U.S. Bank(DR-32-10)— Customedica: Customedica, represented by Walter Lindgren with Johnson Architects, is requesting modification to standard language of the joint collective parking agreement for shared parking between 149 W. State Street and 150 W. State Street. This item was continued from the May 24, 2011 meeting. The applicant is requesting this item be continued to the July 12th meeting. (WEV) Mayor Reynolds introduces the issue. The applicant has requested this item be continued to the July 12, 2011 meeting. Discussion regarding existing City Code, a potential amendment to the code regarding parking requirements and the timeline Customedica is seeking to meet so that their business venture will succeed, parking fees collected to date, effective timeline for a zoning ordinance amendment.. Semanko moves to remand item 7A to staff. Seconded by Grasser. ALL AYE...MOTION CARRIES. 8. PUBLIC HEARINGS: A. CU-02-11 —Commercial Entertainment Facility(Outdoor) and Live Entertainment Events (Concerts)- Land of Rock,LLC.: Land of Rock, LLC, represented by Shawn Nickel with SLN Planning, is requesting conditional use permit approval for a Commercial Entertainment Facility (outdoor) and Live Entertainment Events (Concerts). The 24.6-acre site is located on East Riverside Drive approximately 1500 feet west of Edgewood Lane at 827 East Riverside Drive. (WEV) Mayor Reynolds introduces the issue. Moved to be heard prior to the consent agenda. A.1: DR-12-11 —Commercial Entertainment Facility(Outdoors)—Land of Rock,LLC: Land of Rock, LLC, represented by Shawn Nickel, is requesting design review approval of a commercial entertainment facility(outdoor). The 14.6-acre site is located on the south side of East Riverside Drive approximately 1,500-feet west of Edgewood Lane at 827 East Riverside Drive. (WEV) Grasser moves to item 8A and 8 A.1 to June 21,2011 at 6:30. Seconded by Shoushtarian. ALL AYE..MOTION CARRIES. Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-I4-1 I min.doe Council discussion regarding meeting scheduling. Semanko moves move the Town Hall meeting from the 21st to June 22' at 6:00 p.m. Seconded by Grasser. MOTION CARRES. Planner Williams inquires if Council would like a notice sent out tomorrow to all of the parties that were originally notified of the public hearing for Land of Rock to inform them of the date and time the public hearing was continued to next week? Council directs staff to send out notices of the new date and time. B. RZ-14-06 MOD—Modification to Development Agreement Associated With The Loft at Eagle River Subdivision—Sea 2 Sea LLC: Sea 2 Sea, LLC, represented by Shawn Nickel, is requesting modifications to the conditions of development to be placed into a development agreement associated with the MU-DA (Mixed Use with a development agreement) zoning classifications for The Lofts at Eagle River. The 24.6-acre site is located on East Riverside Drive approximately 1500 feet west of Edgewood Lane at 827 East Riverside Street. (WEV) Mayor Reynolds introduces the issue. City Planner Williams states that the applicant and staff are requesting this be continued to June 21st meeting. Discussion. Semanko moves to continue this item to June 21,2011 meeting. Seconded by Shoushtarian. TWO AYE...ONE NAY (Grasser). MOTION CARRIES. C. RZ-08-03 MOD2—Modification to Development Agreement(Instrument No. 105007541 and No. 108130290)—(Arts West Subdivision aka Symphony Subdivision)- Eagle Island Crossing LLC: Eagle Island Crossing, LLC, represented by Scott Schneider with Gardner Ahlquist Development, is requesting a modification to the rezone development agreements (Instrument No. 105007541 and No. 108130290)to remove the requirement that Fisher Park Way be connected to Flint Drive prior to the issuance of a building permit for the restaurant with drive-thru. The 16.05-acre site (Arts West Subdivision) is generally located 1,320 feet east of N. Park Lane on the north side of State Highway 44. (WEV) Mayor Reynolds introduces the issue. Tommy Ahlquist 1263 W. Wickshire Ct. Eagle, Idaho. Mr. Ahlquist reviews the application and history of this properties' development. He reads a letter from the Executive Director of Arts West School in support of this application. Discussion regarding the application. Mayor opens the public hearing. Mayor closes the public hearing. Grasser moves to approve item 8C RZ-08-03 MOD2—Modification to Development Agreement (Instrument No. 105007541 and No. 108130290)—(Arts West Subdivision aka Symphony Subdivision)- Eagle Island Crossing LLC. Seconded by Shoushtarian. ALL AYE...MOTION CARRIES. 9. NEW BUSINESS: A. Ordinance N. 657: An Ordinance Of The City Of Eagle, Ada County Idaho Amending Eagle City Code Title 2 "Eagle Arts Commission", Chapter 6, Section 3 "Organization"; Providing A Severability Clause; And Providing An Effective Date. (TO) A.1. Resolution 11-19: A Resolution Of The Eagle City Council To Repeal Resolution No. 01-05 Enacting The Initial Bylaws Of The Eagle Arts Commission; And Providing An Effective Date. (TO) Mayor Reynolds introduces the issue. Semanko moves, pursuant to Idaho Code, Section 50-902,that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with,and that Ordinance #657 be considered after being read once by title only. Ordinance 657 An Ordinance Of The City Page 5 K:\COUNCIL\MINUFES\Temporary Minutes Work Area\CC-06-14-11min.doc Of Eagle,Ada County Idaho Amending Eagle City Code Title 2 "Eagle Arts Commission", Chapter 6, Section 3 "Organization"; Providing A Severability Clause; And Providing An Effective Date.. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES Semanko moves to approve Ordinance. 657. Seconded by Shoushtarian. GRASSER AYE; SHOUSHTARIAN AYE; SEMANKO AYE. ALL AYE...MOTION CARRIES. Shoushtarian moves to approve resolution 11-19. Seconded by Grasser. ALL AYE...MOTION CARRIES. B. WA-03-11 —Waiver to exceed parking lot lighting maximum of 250-watts—Eagle Island Marketplace: Eagle Island Marketplace represented by Jason Densmer and Phil Hull with the Land Group, Inc., is requesting waiver approval to exceed the parking lot lighting maximum of 250-watts (waiver of ECC Section 8-4-4-2 (A). The 38.39-acre site is located on the northeast corner of U.S. Highway 20-26 (West Chinden Boulevard)and North Linder Road at 1240 West Chinden Boulevard. (WEV) Mayor Reynolds introduces the issue. Doug Russell with the Land Group 462 E. Shore Dr. Eagle, Idaho representing Eagle Island Market Place. Mr. Russell reviews the request for waiver application and the reasons for the request. Discussion between Council and Mr. Russel regarding proposed lighting options, potential light pollution impacts to the surrounding neighbors if waiver is requested,the usage of LED lights as opposed to the proposed bulbs and documentation submitted by the applicants lighting engineer. Semanko moves to approved WA-03-11. Discussion. Motion dies due to lack of second. Shoushtarian moves to approve item 9B Waiver to exceed parking lot lighting maximum of 250-watts Eagle Island Marketplace with the condition that they use LED lights for the replacement. Motion dies due to lack of second. Discussion. Semanko recommends approval of the waiver with the additional condition they not exceed 309 light fixtures and none of the lights exceed 750-watts and the electrical engineer or expert for the applicant provide a letter to staff verifying there will be no increase in brightness or other adverse effects on neighboring properties. Seconded by Grasser. ALL AYE...MOTION CARRIES. C. Discussion of City support for CWI Lease at Eagle River: Request for waiver of fees as City's contribution to bring CWI to Eagle. (JDR) Mayor Reynolds introduces the issue. Discussion on waiver of fees. 10. REPORTS: a. Mayor and Council Reports and Concerns: Semanko: Discussion on the Library Meeting. Is there going to be a BBQ Festival this year. Shoushtarian: Discussion on the Senior Citizen Meeting. Shoushtarian would like the City Clerk to work with the Senior Citizens to establish a budget process. Discussion on Sustainable Development. Claims Against the City: Shoushtarian moves to approve the Claims Against the City. Seconded by Semanko. Shoushtarian: AYE; Semanko: AYE; Grasser: AYE: ALL AYES: MOTION CARRIES Page 6 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-19-11 min doc b. City Clerk/Treasurer Report: No report c. Zoning Administrator's Report: Planner Williams states that Lakemore No. 3 is moving forward with construction this summer. The Boise River cfs has dropped in half, it is now at 3230 which is less than half of bankfull. The floodplain development permit was issued to the Boy Scouts that the Council approved. Zoning Administrator Vaughan: Discussion on the Chevron Block Valve, they are getting ready to submit their application. General discussion. Discussion on Randy Hoffer who is a trailer park owner. He is asking to put a trailer on a piece of property that does not have a permit because it is a non-conforming park. Our opinion is that this is an illegal use. d. Public Works Director Report: No report e. City Attorney Report: No report 11. EXECUTIVE SESSION: A. Pending and Threatened Litigation: I.C. 67-2345 (f) B. Acquisition of Private Property: I.C. 67-2345 (c) C. Personnel Matters: I.C. 67-2345 (a) Mayor Reynolds introduces the issue. Semanko moves to go into Executive Session in accordance with I.C. 67-2345(f) for the discussion on the M3 water rights litigation, Acquisition of Private Property: I.C. 67-2345(c) and Personnel Matters: I.C. 67-2345(a). Seconded by Grasser. Shoushtarian: AYE; Semanko: AYE: Grasser: AYE: ALL AYES: MOTION CARRIES Council goes into Executive Session at 10:10 p.m. Council discusses the M3 water rights litigation, acquisition of private property and personnel matters. Council leaves Executive Session at 11:10 p.m. 12. ADJOURNMENT: Grasser moves to adjourn. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:10 p.m. Respectfully submitted: / , E,q C ,,,,, SHARON K. BERGMANN CITY CLERK/TREASURER ., S 1✓A L Q APPROVED: ''.'R�r k,c� •PZ, � kx JAMES D. REYNOLDS 19( <I 1 05/isfei.o�� MAYOR r CO � � i4�7 C� 1 � AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page 7 K:\COUNCIL\MINUTES\Temporary Minuses Work Area\CC-06-14-1 I min.doe CC WigI/ SLNPIA'Nf' 1589 N. Estancia Place :? 83616 208.794-3013 spawn@landconsultants.net June 8, 2011 RECEIVED & FILE CITY OF EAGLE Honorable Mayor and City Council JUN 0 8 2011 City of Eagle File: 660 E. Civic Lane Route tr,- Eagle, Idaho 83616 RE: Public Hearing For Eagle RiverPavilion CUPAppll adon Dear Mayor and Council; As representative for Land of Rock, LLC and the Eagle River Pavilion, it has just come to our attention that there will not be a full Council present for our upcoming conditional use permit public hearing on June 14th. It is important that we have the entire council v.for this public hearing, given that its outcome is so important to the applicant and for the City of Eagle. In talldng with stafC postponing the meeting to the next regularly scheduled hearing date of June 28th presents several challenges. A decision on that evening would still require findings to come back to the Council at another future hearing, and would jeopardize completing the approval process prior to our anticipated start date. In addition, members of the applicants team, including important professionals that were to testify, have conflicting schedules on the 28th, and have been anticipating the original June 14th date for months now. Therefore, we would respectfully request that a special public hearing for this application be scheduled for the week of June 20 -24th so that we may complete the entitlement process that we have been pursuing for the past three months with all necessary persons present, both from the City and the applicant. It has been made aware to me that you have budget and possibly a Town Meeting scheduled for this week so maybe there is an opportunity for the application to be heard on one of those evenings. Thank you for your consideration and I will be awaiting your reply. Sincerely, 2f,t.vrr GY' Shawn L. Nickel Land Use Planner Th47 OIL RCA 01---;-' 0-,15 G'of4N tr'(2^: 6(2/1) bfxr. l ilensei -ts the j 44ei# Would it be fair to say, that as a councilmember, one of your jobs is to make decisions based on the best interests of our community? Yes? / No? 7(A-, , Eagle is a premier residential community and it is a privilege to live here. ha`Ge paid a premium to live here in one way or another. Some of us have paid more for our houses hie. Some of us have chosen to stay and raise our families here at the expense of career opportunities elsewhere. My point is, we havepaid a premium to live in this premium residential community. We have not paid a premium to live next to a rock concert. We have not paid a premium to be banished from our backyards 10 or 20 nights a summer. We have not paid a premium to by lulled to sleep by the thump of heavy bass vibrating through the walls and windows of our homes. Had I known that rock concerts were to be part of this community I would not be before you today because I would have chosen to live elsewhere. Land of Rock is now before you asking you to solve their financial problems by allowing rock concerts. I am sympathetic to Mr. Nickel. Mr. Nickel has undoubtedly made a sizable gamble on land development that has yet to go well. Unfortunately, I am not willing to give up my backyard to solve his money woes. 1 am not willing to give up my residential lifestyle that 1 have paid a premium for to solve his problems. Mr. Nickel took a risk on land development and it hasn't turned out. Do not ask me to pay for his misfortune. If a task of this City Council is to represent the best interests of our residential community, there can be only one outcome. This Development Agreement modification and Conditional Use permit application must be denied. Rock concerts amongst residential communities are simply incompatible. vrst Cei 09/1/ INTER OFFICE City of Eagle Zoning Administration To: Mayor Reynolds and City Council Memb From: Michael Williams, PCED, Planner II Subject: RZ-08-03 MOD2 — Modification to Delopment Agreement (Instrument No. 105007541 and No. 108130290) (Arts West Subdivision aka Symphony Subdivision) — Eagle Island Crossing LLC, represented by Scott Schneider with Gardner Ahlquist Development Date: June 13, 2011 Attachment(s): Correspondence received from Drew Deichmann, date stamped by the City on June 13,2011 Correspondence received from Jeff Baker with Arts West School for the Performing and Visual Arts, date stamped by the City on June 14, 2011 Copy To: Gardner Ahlquist Development, Attn: Scott Schneider, 3277 E. Louise Drive, Suite 375, Meridian, ID, 83642 Page 1 of 1 K:U'lanning Dcpt\Lagle Applications\RZ&.A120031RZ-O8-03 MOI)2 me2.doc To: Eagle City Council Mayor Jim Reynolds Councilman Al Shoushtarian Councilman Norm Semanko Councilman Michael Huffaker Councilman John Grasser RECEIVED & FILED CITY OF EAGLE JUN ; 2011 Moiday, June 13th 2011 File: Rout© to. Regarding: C. RZ-08-03 MOD2 -- Modification to Development Aareement(Instrument No. 105007541 and No. 108130290) -- (Arts West Subdivision aka Symphony Subdivision) - Eagle Island Crossing LLC: Eagle Island Crossing, LLC, represented by Scott Schneider with Gardner Ahlquist Development, is requesting a modification to the rezone development agreements (Instrument No. 105007541 and No. 108130290) to remove the requirement that Fisher Parkway be connected to Flint Drive prior to the issuance of a building permit for the restaurant with drive- thru The 16.05 -acre site (Arts West Subdivision)is generally located 1,320 feet east of N. Park Lane on the north side of State Highway 44. (WEV) Dear Sirs, I noted with interest that Gardner Ahlquist Development was requesting that the stipulation requiring Fisher Parkway and Flint Drive be connected prior to receiving permission to proceed with a Fast Food Drive Thru establishment be removed. I was present when this requirement was originally imposed upon the development agreement. I recall that a prime concern would be the Eagle High School lunch and after school traffic that a Fast Food Drive Thru would attract. Without the connection of Flint Drive and Fisher Parkway, lunch traffic from the high school, in order to avoid two long stop lights, would likely use Flint Drive to access the property. I have attached a drawing using red arrows to indicate the likely lunch and after school traffic flow. Not only does this path move traffic through a parking lot, but you'll notice that this route would intersect three pedestrian cross walks, shown in yellow. I visited this property today and did not observe any changes which would eliminate what I believe would be a dangerous circumstance that would be created if a Fast Food Drive Thru were permitted in advance of the connection between Flint Drive and Fisher Parkway. Please do not remove this requirement from the development agreement as a matter of public safety. Thanks in advance for your thoughtful consideration. Drew and Theresa Deichmann D. Deichmann, 407 N. Cove Colony Way, Eagle ID 83616 - 208.939.8324 1 n Monday, June 13th 2011 lq (� Wile) This image was photographed from a sign which can be seen at the entrance to EIC. The image was altered to remove the drawn in Flint/Fisher connection in order to clearly communicate the present status of this property and likely traffic flow.DD 2 2 1 D. Deichmann, 407 N. Cove Colony Way, Eagle ID 83616 - 208.939.8324 RECEIVED & FILED CITY OF EAGLE City of Eagle JUN 1 4 2011 City Council Public Hearing File: ReutM to: Dear Mayor Reynolds, Council Members, Public Attendees, I am the Executive Director of the Arts West School for the Performing and Visual Arts in the Eagle Island Crossing Development. I am writing to express an interest in the continuing development of our area, as well as send my approval and support for a Modification to the Development Agreement associated with Arts West Subdivision. There is no doubt that a coffee shop would enhance the overall success of the development and I am confident that it would not cause traffic issues or concerns. This is the fifth year of Arts West School. The cut through traffic from Flint Drive to Fisher Park Way has been minimal. However, to completely eliminate any neighbors cutting through during the school days we have successfully implemented a traffic mitigation plan that places cones at the entrance on flint during the school day and this has eliminated any cut through traffic. Again, I do not believe this Modification would result in any traffic issues or concerns for Eagle Island Crossing, Arts West Subdivision. Sincerely, Jeff Baker Executive Director Arts West School for the Performing and Visual Arts Mike Williams Cc oliq 11/ Page 1 of 1 RECEIVED & FILED CIN OF EAGLE JUN -1-4'2011--- From: Shawn Nickel [shawn@landconsultants.net] File: Sent: Tuesday, June 14, 2011 10:22 AM Route to: To: Mike Williams Subject: FW: Eagle River Pavillion Mike. Please include the following into the record for the Eagle River Pavilion. Thanks. Shawn From: Thomas G Dater Sent: Thursday, June 09, 2011 12:21 PM To: eagle.org Subject: Eagle River Pavillion To The Honorable Mayor Jim Reynolds, City Council President Al Shoushtarian, and Council Members John Grasser, Michael Huffaker, and Norm Semanko: I understand there is a hearing scheduled for June 14, 2011 to review an application from the Eagle River Pavilion for summer concerts. As representative of the Laguna Point Home Owner's Association, we would like to strongly support approval. The summer series cuts across multiple programs that will appeal to all ages. Performances from Steve Martin Banjo to Trey McIntyre will draw multiple family gatherings and truly bring support to the Eagle community. The economic impact should not be overlooked. I believe last year all shows stopped on time and there were no negative results from any of the performances. This summer series is a win/win for Eagle and our residents. Sincerely, Tom Dater VF -11 RIO If you do not wish to receive email communications from New York Life, and/or NYLIFE Securities LLC, please reply to this email, using the words "Opt out" in the subject line. Please copy email ootout(newvorklife.com New York Life Insurance Company, 51 Madison Ave., New York, NY 10010 Thomas G Dater, CLU Financial Services Professional Agent, New York Life Insurance Company Registered Representative offering securities through NYLIFE Securities LLC, (member FINRAISIPC) New York Life Insurance Company 1109 West Myrtle Suite 300 Boise, ID 83702 (208) 343-4648 6/14/2011 The River District To Whom It May Concern: RECEIVED & FILED CITY OF EAGLE JUN 1 4 2011 File: Route to• The purpose of this letter is to provide the complete support and excitement for the current proposal to continue with the Eagle Concert Series located next to our development. We have discussed it with our current homeowners and with our all the partners in our development and so long as the parking is managed similar to how it was managed last year, we see no negatives and only positives that can come from these events. We need this kind of exposure and energy in Eagle right now and we are confident the current operators will continue to deliver a very high quality product and a very positive environment. Cord Christensen Managing Member The River District EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP June 14, 2011 SUBJECT: RZ-14-06 MOD — Modification to Development Agreement Associated With The Loft at Eagle River Subdivision — Sea 2 Sea LLC: TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP June 14, 2011 SUBJECT: RZ-08-03 MOD2 — Modification to Development Agreement (Instrument No. 105007541 and No. 108130290) — (Arts West Subdivision aka Symphony Subdivision) - Eagle Island Crossing LLC: TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL