City Council - Regular Meeting

All right, good evening, everybody, and welcome to your city council meeting for September 8th, 2026 at 530. Will you please stand for the Pledge of Allegiance? Ready to begin?

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Thank you. Can I get a roll call, please?

Gillis?

Here.

Merrill? May?

Here.

Kwame? Here. We have quorum.

Thank you. All right. Are there any additions, deletions, or modifications to this agenda?

Mr. Mayor, I move that we switch item 8B to 8A.

All right. And that's in the public hearings. And I have a motion. And it's basically because this one's going to get switched to a future date. So we want to make sure the people that do not sit and wait on those, we'll know ahead of time. So I have a motion to have a second. Second. Any more discussion? All in favor say aye.

Aye.

Thank you. All right. All right. At this time, we have our public comments this evening. This time is reserved for the public to address their elected officials regarding topics not on the agenda or general interests or concern. This is not the time slot. to give formal testimony on the public hearing matter or comment on a pending application or proposal. Public hearing and land use testimony is to be made during the public hearing for said items in accordance with the Idaho code. We desire to have all the interactions between the public, staff, and elected officials to be conducted in a professional and civil manner. Therefore, comments are to be addressed solely to the city council as a whole and focus on the issue avoiding personalized debate, and shall not make personal, impertinent, or slanderous, profane remarks to any of the members of the council, the staff, or other members of the public. Out of courtesy for all who wish to speak, the city council requests that each speaker be limited to three minutes. So I'll open it up for public comment. Does anybody like to speak this evening on something that's not on the agenda? OK, that made it real easy. OK, we're going to move on. This is not really the night for reports, but if there's something that needs to be disclosed this evening, we'll open it up. Start off with council. Is there anything?

Mr. Mayor, I just had a couple of things. Since we last met, we had the Spring Valley CID meeting. We went to an opening at Val Nova for their Glencar Recreation Village. They have a beautiful lake and boathouse. It really was beautiful and it was hot. But glad to attend that. We had the groundbreaking for the BLM and fire district joint facility the other day. All the council was there and great turnout. And this is really going to be a benefit to the area to have them a lot closer there to get up into the foothills. I attended an Economic Development District 3 overview meeting. This is a multi-jurisdictional group, and there's opportunity there for additional funding revenue, so more to come on that. We had the Compass Executive Meeting, where we adopted a resolution amending FY26-32 and FY26-33 TIPs. at the request of ITD, and this is to replace the US 2026 overpass over I-84. It's exit 26 in Caldwell. A truck with an improperly secured load had struck the overpass in August, and originally this bridge was constructed back in 1964. So they've got the go-ahead to make the repairs, and that'll cost about 15.5 million. And ITD is working with the truck driver's insurance to cover repair-only costs, but it's a necessity to get that done and opened up. Several of us attended the Eagle Night at the Hawks Stadium. The mayor was able to throw out one of the ceremonial pitches. Unfortunately, the Hawks were not victorious that evening, but it was a good game. The Idaho Falls chuckers won 14 to six, but it was also bark in the park night, so a lot of beautiful dogs were there along with us, and a portion of the proceeds will be coming back to the city to benefit our eco-regional park. The other thing I just wanted to share, that ACHD passed their budget for 261 million. They took the maximum property tax of 3% for 1.7 million. They approved foregone of 2.27 million, and of that 3%, which is 1.7 million, will pay for the Cloverdale widening and repairs between Victory and Overland. And then they also took the foregone, the 1%, which will be for maintenance and operation in perpetuity And that was for $568,000. So they'll be able to do some good with that. And this morning I had a meeting with the National Association of Regional Councils. So, Mr. Mayor, that's all I have.

Great. Thank you. Anybody else? Craig?

Craig. Go ahead. Go ahead.

Excuse me, Mr. Mayor and council. Three quick items on urban renewal agency. The parking spaces on State Street, there was a short delay due to some engineering elevation differences. That's been corrected and construction continues now. They signed a contract with a contractor to design the additional parking strips and stripes in the downtown area. And then also, they did have a public hearing and approved their 2027 budget. So that's urban renewal. What I really wanted to talk about, give a little bit more detailed report, was I attended, along with Councilwoman Merrill, the county commissioner's meeting on talking about the rats problem. and that was an interesting meeting. The county commissioners had their meeting and the purpose, stated purpose, was to understand the scope of the problem and collaborate on potential solutions. It was well attended. I would say there was probably, although they did not take public comment, I would imagine there was probably about 80 people in the audience, if not a little bit more, but those on the panels that attended The mayors from Boise and Star, the city council members from Meridian, Garden City, and Kuna, and again, I attended along with Councilwoman Merrill. Also attending was the Irrigation District for Settlers Irrigation District, the director of the Ada County Weed, Pest, and Mosquito Abatement, Adam Schroeder. and the Deputy Director for the Idaho Department of Agriculture. Also, State Representative Gannon and State Senator Nichols were in attendance, as well as Kristen Ryan, who is the Central District Health representative. And there was also a representative there from an agency I was not aware of, but it's called the Idaho Pest Management Association. And that individual is Kirk Dean, and he represents association of all the contract companies that deal with pest management. And, uh, he had some interesting information to share with the, with the group, as far as how big a problem, uh, which was one of the key things that the council or the, uh, county commissioners were interested in knowing, uh, everyone attended there, uh, except for star reported that there's a level of route activity in their, uh, cities or in their districts. and in the area, but Star reported that they have not had any complaints. Everybody was in agreement, however, that it is a growing problem because they can proliferate so fast. For example, maturity of a rat reaches three to five months, their gestation period is only three weeks, and each litter has about six to 10 pups, and they have four to six litters per year. So the population can explode very, very quickly if not dealt with. And the population is also enhanced with warm weather, abundant food sources that might be in the area, sanitation and shelter that they can find, and predator loss. So as more development happens, more housing happens, and the predators get pushed aside That's a factor towards predator loss. And they like urban infrastructure, sewers, drainage canals, irrigation districts, that sort of thing. So the challenges that was identified that we have in terms of the current situation is that the population, the real population of the rats in Ada County is really unknown. We have certain areas that have been trying to track it and map. We got several entities that have been tracking on maps, but we don't have anything central in terms of the county where everybody's getting input into that central area. So we really don't have a good handle on what the population is. We have inconsistent communication. Different people communicate. calls being put into this Idaho Pest Management Association, like for instance in February they had 50 calls 12% of those came from EGLE, which is six calls. So it's really not that many when you compare it to the amount of social media conversation that's going on out there. So inconsistent communication is an issue. They say lack of legal authority on dealing with it is a challenge right now. And we have fragmented efforts going on, so really, Rather than a county-wide effort going on, somebody will call up a contractor to come out and take a look at their rat problem, but that's very pinpointed, localized effort as opposed to the needed effort to do it on a county-wide basis. Hurdles. that were also identified. The inventory in the urban areas is not well known, and a couple of the representatives said, well, they're trying to track it in their particular area, that we have informal tracking and mapping areas, so on and so forth. Treatment is much different of a rat versus other pests, because rats are apparently have a pretty high level of intelligence. Example given by the Idaho Pest Management Association representative said when people set out these traps outside, they get some of the young ones to go into the trap and get caught and that teaches the others within that litter or that group not to go into that trap. So outdoor traps where you have a fairly high population can actually complicate getting the eradication of them. So they have to be dealt with in a very different manner. Also it came out that if you call a contractor to come look at your rat problem and deal with it, that contractor has to have specialized training and be certified to do that. So that was news, and I think that's an important thing when it comes to, okay, how is the county gonna attack this? Because you have to have people that are actually trained on how to deal with rats as opposed to just any pest. So there was a number of potential solutions, like the mayor, The mayor of Boise pointed out a number of things that they do. Some of the other representatives also had an example. We also, in terms of damage at these things, the Garden City, I think it was Garden City, Meridian, Meridian had several specific examples of the damage that they can re-calve it with. including one person had a car almost totaled because the rat gets in and chews on wires, which there's a soil, soil-based material in the car wiring that can attract rats, so complicated situation. Currently, the county has a mosquito abatement district and taxing levies on gophers and rock trucks, There was a discussion on establishing an abatement district, and I know that's been out on social media about setting up an abatement district. Here's two complicating factors with doing that. The contractors that treat, again, I mentioned that they treat rats, they have to have certified training and certification. Abatement staff does not, if an abatement district is set up, the staff, are not gonna have the training that they probably need unless a lot of time is spent on getting that training and enough staff to get through it. Improper treatment by uncertified rat treatment people actually end up complicating the process of eradication. The Idaho Association for Pest Management said that they have the professionals, they have the staff, they have the education and the materials needed to deal with it, so they could be a very good source in assisting with the focused effort where there might be hotspots. But here's the other complication with setting up an abatement. Before an abatement district can be set up, the central health department has to acknowledge that the rats are a risk to public safety and health. And as of right now, they're not willing to do that because they say there's not enough data to declare that the rat problem is a risk to safety and health. So that's gonna be a complication with setting up a district that way. Here's what was agreed to during the meeting. I think it was pretty much a unanimous decision that no one entity can solve this problem. It must be an integrated and coordinated effort between state, county, cities, and the public and landowners, and maybe even the federal government for property that's within Ada County that's federal land. Also, because there's numerous efforts or numerous mapping efforts out there, it needs to get consolidated. And the Department of Agriculture said that they have the software and they have the tools and map capability that if a system was set up to where everybody could call into that, send in their sightings, that sort of thing, then they could map the whole area for Ada County. So it was pretty much decided that by the county commissioners to direct the, or ask the Department of Agriculture to set that up, and they agreed to do so. And then once that's set up, then it'll be county commissioners will put out the information for education purposes to let people know what to do, And the cities are going to be asked to also educate their citizens within their cities to educate them on how to report sightings. Once that's done, then they're either going to have follow-on meetings or they'll have a committee set up to see what the next steps are in order to deal with the problem. So that's just kind of a rundown on what was done and talked about at the rat problem meeting last week. And so I hope you understand and I hope the people listening to the to the meeting tonight get that information too. So it is working. It's not that we're not doing anything, but it is working. But it'll take some time to get a comprehensive effort in place to deal with things. And that's all I have.

Thank you.

Thanks, Craig. That was a great report on that. There was one thing that we did find out at the very end of the meeting. And that was that the Department of Ag has a map of what they have people that have called in of where the hot spots are, what they call the hot spots. When we talked about there needs to be a map or needs to be a way for us to track them, the Department of Ag has that. They also have forms that if people have a problem, they can fill out the forms and send it in and it will put them up on these maps. And that was one of the ways that we talked about we need to track and find out where these are. And then this $250,000 that's being offered up by the Central District Health will help in the control and putting together a program that will work. I think the next step that we talked about was to put together a smaller group to help determine the mapping and some of these other things that needed to be done. So I was thrilled to see that many cities and counties and organizations from the state of Idaho. I know that one of the things they talked about is we don't want the infestation that New York has. where they've just given up and part of that problem is the trash and people having that trash in open bags or in black plastic bags sitting out beside their homes and it's just a haven for the rats to eat off of and so we need to encourage our people to put their trash inside closed containers, make sure they're in their garages or their can't get in them and so because they're looking for food so other than that that's great report and and i was really happy to be there and see so many people that were so concerned and others that were trying to help so it is not just a city of eagle issue as craig told everyone when we first began and i appreciated that um i've been to the same meetings mostly that mary has been to and um the other one that i went to was all morning planning for the master park planning and that was good also because we had different organizations from the state that all are involved, Ada County, the Idaho State Parks and Rec, the Fish and Game, and all these other agencies as we look at the master plan for parks and pathways throughout the city, and that will be done in a few months, and we'll take that out in September 14th, I think, Tracy? September 14th or 15th at Eagle Elementary for an open house for people to look at that. So we need to do that. And other than that, I went to the open house. I mean, groundbreaking and just been busy talking to people. Thanks. Great. Thanks, Rob.

I attended all the same meetings that we already talked about, so I'm not going to go back through all those again. Just a couple things I wanted to add on to it. I'm currently working on a piece of legislation. I met with a state senator regarding an amendment to the state retirement system for our first responders. Currently, the mental health care and the protections that they have in place if they're injured in the line of duty and have to retire as a result of those injuries are woeful at best. So it's something that I'm working on outside of the city council. Um, I was contacted by a resident regarding the mosquito issue. Uh, Councilman Kwame was talking about over off of Eagle Road. There was a trapping that was done and mosquitoes tested positive for West Nile. So I had somebody contact me and think that they had West Nile in their yard and we had it tested and it was not, it did not test positive for West Nile. That was off of Eagle Road and Mace. Um, so we're checking if we get calls, I will follow up on it. Um, I attended the Saturday market. I attended the Eagle High School football game also and the baseball game with the other, the mayor and the council members. On Sunday on the way home from church, there was a big accident at Island Woods and Eagle Road. It happened right in front of us. My wife and I ended up doing first aid on multiple people involved in the crash. Subsequent to that, because of all the accidents on Eagle Road, at Island Woods, at Colchester, and over here at Edgewood, I had a meeting with the chief, and they're gonna pull stats for us to see how many accidents have in fact occurred at these locations. My concern is the flashing yellow left turn. That seemed to be a cause of this last crash that was pretty bad, so that's still coming. And then one additional thing I just wanna say, I wanna recognize, This is my only chance to do that, is 9-11's coming in three days. On 9-11, we lost 343 firefighters, 72 cops, 2,977 US citizens. And I just want to state my part that I have not forgotten. Some people in this country have, but I think it's important that we recognize what happened on that date. We're three days from that date, and I'm recognizing it right now. So that's all I got.

Thank you. Appreciate that. All the information, I'm gonna say, as always, ditto to a lot of the things that they did. I'm really pleased that both Councilmember Merrill and Kwame stepped up to attend. We had already been scheduled annually for our Eagle Night at the Hawks game, so it was, It was important in, I can't be at two places at once. So I appreciate the fact that they stepped up and went there. I do want to restate, and I've done this in the past that we took a very proactive approach to the rats and Eagle almost two years ago now and allowed a four hour, uh, open house in our community room to have people come and educate the public that wanted to show up. About 40 people showed up and at the time it was a little one step, uh, ahead of the county's, acknowledgement of an issue going on. So I'm pleased that people from the, our citizens stepped up and requested that and I'm very pleased that we were able to accommodate them and go over these similar situations that have been announced and talked about tonight. But we will be taking, continue to take a proactive approach to this within the limitations that we're able to do. The, I have been working with and I will continue to talk to Councilman Gillis about looking into ITT and ACHD with the yellow light signal flashing. It seems to be there's a certain number of fatalities that are on their requirement chart to qualify. I think that's very short-sighted. I'll just say that we're gonna continue to work with them and we'll work with our law enforcement to see if we can't make some of these improvements to the safety of our community. Of course, that's the paramount thing here. Anyhow, but I will be doing a Mayor Minute tomorrow and directly on the 9-11 tribute. I was on duty that day and I was driving to my fire station and the reports where they were coming to the West Coast after the East Coast. So, um, we were all put in this heightened alert thing. Stress was pretty high with that. And so, um, that's, that's something that's never going to change out of my mind and my heart that we've don't forget this. And that's the day that we almost lost America. I'm going to say it publicly. You all know what I'm talking about. Our country changed that after that day. And I thought it was, reigniting a solidification of it, but it ended up being a temporary hurrah and then, um, we lost it. So I think we have the opportunity now to reengage with each other, not only as a community, but as neighbors and friends, and really be united once again as to what America is all about and being Americans and putting our partisan ships aside and working hand in hand with each other. I think there's still hope for us. My son's over in Jordan right now taking bombs as we speak and it's a stress for my family and I. So he's over there doing his thing, but I appreciate all the people that stepped up and have served our country proudly to make it what it is. And we're not gonna let that fail. We're not gonna let that fail. I just get so frustrated with this. And public servants that either serve locally or serve nationally and abroad, I just applaud them because they're my brothers and sisters and I appreciate everything they do. So tomorrow I might be a little emotional about it. Just work through that with me because it's really a... soapbox that I get on once in a while. But I'm really, really that dedicated to making sure people understand what America's all about and what we almost have lost. I want that back. I think you all do as well. So with that, we're gonna move on. Is there anybody from the staff that has any reports for this evening? Okay. Chief, did you have anything you wanna wait till next week or did you wanna say anything? Okay. and make sure that we get an opportunity for that. All right, well let's move on with the agenda and let's get to the consent agenda. All consent agenda items are considered action items. Consent agenda items are considered to be routine and are acted on with one motion. There'll be no separate discussion on these items unless the mayor, council member, or member of city staff requests an item to be removed from the consent agenda for discussions. Items removed from the consent agenda will be placed on the regular agenda The sequence determined by the city council. Any item on the consent agenda which contains written conditions of approval from the city council staff or the city staff, planning and zoning commission or design review board shall be adopted as part of the city council's consent agenda approval motion unless specifically stated otherwise. This evening we have seven A through R. I'll start off with council. Is there anything you'd like pulled?

Mr. Mayor. Yes, sir. I'd like to pull off seven I.

Aye. Okay. Anybody else? Seeing none. Staff, is there anything you'd like pulled?

Mr. Mayor, if I could have item 7D removed, please.

7D. Okay. Anybody else? All right, with that said, I need a motion to approve the consent agenda seven, A through R, where the exception is D, David, and I. Mr. Mayor, I move we approve item seven, A through R, with the exception of item D and I. I think you have a motion. Do I have a second?

Second.

Any more discussion? Roll call, please.

May? Aye. Merrill? Aye. Gillis?

Aye.

Kwame? Motion carries.

Thank you. Let's start off with 7D, David.

Sorry. Mr. Mayor, there was a Scrivener's error, i.e., one of us had a typo on that one. The expiration date for the reappointment should be 2031, not 2011. So with that correction, we would ask for council's approval.

Okay, so I have a motion to amend 7D to reflect 2031. Do I have a motion on that? So moved. Okay, do I have a second? Second. Okay, second. Any more discussion? All in favor say aye. Aye. Thank you. Motion approved. Let's move over to letter I. Mr. Mayor.

Nancy. We just received the written report on this, and this is the agreement between the Eagle Employee Student In-Service Education Program Agreement. And as I was reading through it, I wondered if maybe our director from our – LIBRARY WOULD LIKE TO EXPLAIN THIS AS IT'S A LITTLE DIFFERENT IN THAT WE ARE PAYING FOR EDUCATION FOR A PERSON THAT'S IN THE LIBRARY. THE EDUCATION COMES FROM WASHINGTON, AND SO IT'S ONLINE. SO I THOUGHT MAYBE IT WOULD BE GREAT IF WE HAD THAT ON RECORD. THANKS, STEVE.

STEVE'S GRACIOUSLY HERE.

ABSOLUTELY. GOOD EVENING, MAYOR, MEMBERS OF CITY COUNCIL. Erin Jukes, who is our materials and digital handling manager, has been accepted into the University of Washington's online master's degree program for library and information science. So she'd be here. She won't be going there. This is like a coup that we are probably never gonna have again in this library to have an employee from the University of Washington's program, which is the number one program in the country, working here. And Nancy had asked that I come to talk about why this is a benefit to the library. So that's kind of what I put together here very quickly. So basically, when you have professionally trained librarians, which we have, we have me, and Britt, who's in the programming specialist, They have a broader perspective as to what a library is and how it can serve a community. They tend to be current with contemporary library philosophies and practices which change considerably over time. They're up to date with the practices of developing new collections and implementing new service ideas. They strive to constantly increase the credibility of the library with the community. They have a deep understanding of the library and its role in the community. And they understand how the library can better serve all of its guests. That was just a summary from what I wrote that you all have in the packet. And I'd be happy to answer any questions you might have about it and how we will benefit from Erin attending this program.

Questions? Craig? The expense of reimbursing is coming out of the library budget?

Yes.

Thank you. And it's planned for 27? Yes. Thank you. Anybody else? No.

Thank you, Steve, for being here.

All right. Thank you.

I appreciate it. Nancy, is that good? That's great. Okay. Mr. Mayor, I'd like to make a motion that we approve item 7i on the consent agenda.

Okay. I have a motion. Do I have a second?

Second.

Any more discussion? Second. Roll call, please.

Meryl? Aye. May? Aye. Kwame? Aye. Gillis? Aye. Motion carries.

All right. Thank you guys. All right. We're going to move on to item eight public hearings. All public hearing items are considered action items. The public testimony will be taken on items listed in this section. Public hearings are legally notice hearings required by state law. The public may provide formal testimony regarding the application or issue before the city council. This testimony will become part of the hearing record for that application or matter. Public hearing testimony time limits. Individuals testifying are allotted three minutes for the non-repetitive testimony. And is there any disclosure or ex parte or conflict of interest for this? Thank you. And Daniel, we've asked for that to be moved. So 8B is up for you right now to just explain a little bit of what happened.

Yes, sir. So speaking on what was agendized as item AP, which was the quarry village development agreement modification, that item was noticed to be miss, was misnoticed prior to the hearing tonight after the agenda had been published. So since it was not properly noticed according to state statute, a public hearing cannot happen tonight. So that item is not to be heard tonight. I have reached out to the applicant and told them that they will likely need to consider a date in October, so I would anticipate sometime in October this item will come back before you for a public hearing. With that, staff will be happy to stand for any questions.

Okay, any additional information you guys need for when they come back in October? All right, Daniel, thank you. Thank you. All right, next we're gonna go to our next public hearing. I'll open it up for RZDA2020-10-MOD1-CUP-2026-11-PPUD-2026-05-PP-2026-05 Development Agreement Modification Conditional Use Permit for a Mosey Hill subdivision. We do have the applicant. Good evening.

Thanks, Andrew. Mayor and council members, my name is Shane Levitt. I'm the managing partner of Bailey Engineering, and I represent RE1, the applicant, tonight. Mosey Hill is a 28-acre, 53-home site, 58 acres. with five common lots and basically we're here tonight. This was approved back in 2021 and so we're here for real this time, I guess. We were last time too, but basically two related issues. I guess we need to modify the, well, I didn't say my address earlier. You want that? You can fill it in now if you want. Okay, yeah, 868 East Riverside Drive in suite 120 in Eagle. And so there's two things that we're asking for essentially, the modification of the development agreement to align to extend that, and then the second is re-approve with the staff recommendations on the PUD. Here's a basic timeline of what happened. Like I said, city council approved this in 2021 and the development agreement was recorded on June 23rd of that year. The preliminary plat was approved and carried a two year term and that ended in February of 2023. We filed for this renewal and that's what brings us here tonight. This sits south of Beacon Light Road and west of Lanewood Road, the subdivisions around it. Let's see, Stag Crossing is to the west, Brookway is to the south, and then across Lanewood, we have Lanewood and Beaconwood over there. And so this is a similar neighborhood as those with the details as well in the open space. of requirements and whatnot, but we're connecting three existing streets that will go through that north-south road through that red spot, that's World Cup Way, and so that crosses the canal and then exits out onto Beacon Light, and then there's existing from the west and then to the south. As I mentioned, it's 58 total lots with 53 buildable and five common. And again, serving those existing streets, Evita, Heirloom Avenue, and World Cup Way. And so this is low density, 1.89 dwelling units per acre. within the R2 designation, which is unchanged again from 2021 approval. We have the green space there is the open space with the landscape buffer on the north of this property line along Beacon Light and then the Dry Creek Canal Corridor. We'll get to the pathways here in a moment, but that's the basic overview of the layout. Here's the open space per code. We're asking for lots to be less than the 17,000 square foot and then that requires an increase in open space accordingly and this shows that the requirement is 26.7 and we're a little over 26.93% of total area of the open space. The slide shows the pathway connectivity. We have the pink that is on the interior, allows the residents there to walk among themselves, including the connectivity on the west side of the subdivision. There's an eight-foot path in the green that connects both to the canal pathway as well as along the World Cup Way north-south main road there. And so on almost two miles of walkway that keeps people in and then coming in and out and around the area. This was also addressed by the staff recommendation here. There's three types of fences to be used accordingly. The green outlines the five foot open vision iron fence, which is really where it's looking towards open space ultimately. And then the blue lines mark where homes meet the landscape buffer and that is a six foot open top composite fence. And then the red lines on the west and the south and in between the lots it's a six foot privacy composite fence between the homes. And so as mentioned this was the modification corrects the DA's fencing exhibit that existed in 2021. This is a realistic rendering of the pathway along the canal. This is a 10-foot concrete walk. You can see the five-foot open iron fence there and just give you an idea of what that looks like with realistic home elevations in the back.

I don't know if that's me.

Somebody probably kicked something under the . You can blame it on me. I get blamed for stuff. So Mosey on home with a nice opening landscape and sign as it enters. So I guess to close, we're just asking for the project that implements the land use expectations, setback requirements in the 2021 rezone, the same low density of R2, similar to the Brookway, Staggs, and Lanewood around it. We also, according to staff recommendations, there's a variation requirement on the elevations of the homes to not look the same within five houses, which is also accepted. And then that is all I have. And I will stand for questions.

All right, is there anything for Sheet at this point? All right, thanks. We'll have you up for rebuttal afterwards. All right, Andrew?

Thank you. Good evening. Andrew Glaspell, planning and zoning staff for the record. I'll be presenting some additional details and context for this subdivision application. As the applicant stated, this is located on the south side of Beacon Light, just at the corner of Lanewood Road. the brookway north subdivision as it was previously known was approved in 2021 and the da was executed in june of that year it was renamed mosey hill but they're synonymous and that had a five-year expiration date on it so in june of this year the development agreement However, the applicant had submitted a modification prior to that in April to renew the expiration date, and they're requesting a four-year expiration from the execution of an amended development agreement. As I said, they're requesting four years. For the new development agreement termination date, in addition to that, with a modification to the DA, it also opens up the DA to any modifications that council has the discretion to make. Additionally, condition of development 3.4 and 3.8, have been updated to standard language that is in our current development agreements. And one of those was a condition of development for the fencing plan, and the applicant has provided a new fencing plan. The old fencing plan was vinyl fencing, and the new fencing plan now shows composite fencing, which they had in their presentation. The subdivision, actually, let me go back one moment. For context, if the council decides to deny the modification, all existing entitlements for the project would go away and the property would go back to the AR zone with the land use provisions associated with the AR zone. The preliminary plat, for this subdivision matches the preliminary plat that was proposed in 2021 and approved in 2021. It shows a 53 buildable single family detached homes with a density of 1.89 dwelling units per acre. It's located in the neighborhood designation for the comprehensive plan, which is suitable for a single family dwellings up to three units per acre to the north there's designations within the comprehensive plan that call for lesser density such as the large lot and state residential designations additionally it's located the site is located within the village planning area and that calls for densities to average between one and two dwelling units per acre Here's a contextual map that just shows you the surrounding densities approved with development agreements in the vicinity. And I'd be happy to pull that back up during your discussion if needed. The proposed pathway plan as shown by the applicant has a combination of eight foot and 10 foot pathways as well as the five foot detached sidewalks within the development here. This just shows where the pathways proposed would connect to existing pathways or provide opportunity for future connection. The filled red arrows show where existing connections would be made. applicant mentioned that they're proposing minimum lot sizes or a minimum lot size that is below the r2 minimum lot size of 1700 square feet and they make up for that in the open space added so the The planned unit development section of city code requires that 20% of the site be dedicated to open space. Any area that is lost by going under that minimum of 1,700 square feet then has to be put back into the open space. So the applicant is proposing more than 20% because of those minimum lot sizes. Additionally, the applicant's requesting one waiver of city code, which is the interior side setback. They're requesting that on lots that are less than 90 feet in width, that the side setback be seven and a half feet rather than 10 feet. And for context, that's about 44% of the lots are less than 90 feet wide. On August 3rd, the Planning and Zoning Commission voted to recommend both the approval of the development agreement modification as well as the preliminary plat conditional use permit and planned unit development. And the site-specific conditions can be found within the findings of fact. And staff will stand for any questions. All right, thanks Andrew. Is there any comments for Andrew?

Mr. Mayor, I have a question for Andrew. Andrew, looking at the findings for consideration from ACHD, they do not recommend approval of the 48-foot right-of-way dedication as it doesn't meet the requirements for the Master Street Map. Has that been addressed by the applicant? Is he comfortable with the 50-foot requirement?

mr mayor and councilwoman may i'll allow the applicant to confirm however the they are required to fulfill the site-specific conditions within that staff report and their most recent preliminary plat shows a 25 foot section of the dedicated right-of-way in addition to the existing 25 feet of right-of-way which will add to 50 feet and that's what a CHD will be requiring okay so they will meet that requirement of 50 feet not 48 that's right all right thank you yeah mr. mayor a couple couple questions that came up on yeah

On the realistic rendering of the sidewalk next to the canal, I don't know, is that on your presentation or the applicant's?

Councilman Kwame, that was on the applicant's presentation.

Okay, well, if you recall, it was not that on the canal easement, the hedge along the sidewalk was nicely trimmed and all that, so it looked like it was part of the development. But that belongs to the canal company, that easement. Is the canal company gonna be trimming the weeds and the growth there? Or is the applicant gonna be doing that? And was that discussed? Is there any type of agreement on maintaining the appearance of the sidewalk next to the canal?

Mr. Mayor, Councilman Kwame, the details of that specific pathway was not discussed with the applicant. However, the The pathway easement agreement that the applicant will be required to enter into with the city addresses maintenance as well as that is one of the canals that the city has a pathway agreement with that allows the city to allocate maintenance responsibilities to the developer and the HOA. So they will be required to maintain that section of pathway within the easement as well as the grass adjacent to it.

So between the canal and the sidewalk, then the developer will be required to maintain that? That's correct. Okay, good. Also on the input from the PPRC and also from one of the people that sent in some correspondence on this, there was concern that at one time this piece of real estate was part of another development and now it's a separate thing and when it was part of another development it would have been entitled to park and playground type facilities. Now, when it being separate, it would not be entitled to access to those. Was there any discussion about providing recreational amenities within this development as requested by PPRC?

Mr. Mayor and Councilman Kwame, the PPRC recommendation included within this application was an attachment to the existing development agreement and that report carried over into this. So the PPRC did not comment on the renewal of this application. So it's been five years since the PPRC was able to make any comments or recommendations on this. However, as far as the relationship of this subdivision to to brookway um at least as far as berkway north in 2021 and now mosey hill in 2026 is concerned it has always existed as its own separate subdivision with its own development agreement um and subject to its own uh the pp or the plan unit development section of code. So I'm not sure if that answers your question, but as far as this application goes, they're distinct subdivisions with their own open space requirements.

Okay. So there's no plan right now to provide any recreational amenities in this, because to me it looks like it's just houses.

Councilman Kwame, yeah, the active open space provided by the applicant is just the pathways.

Okay, and one other issue I'd like to bring up, potential issue, and that is I'm glad to see that we've gone from vinyl fence to composite fence, but I'd also like to see that there be a, condition in there that the city approve the quality of the composite fence because you can have very good composite fence and you can have shabby composite fence. And I think it's important to have a good quality composite fence given the length of time this place will be there. Okay.

My staff's recommendation would be to include that within your motion if you wish.

Okay, thank you.

You ready, Rob? Mr. Mayor, just for a quick question. I see that on this one, it's for four years. When are they breaking ground? Are we going to be asking for another extension at some point again? We've already gone five years. Now this is for another four years. We're looking at nine years total. Is the potential there that it's going to get extended again or asked for again, or are they going to break ground and start this project?

Mr. Mayor, Councilman Gillis, the staff has asked the applicant what is the timeline that they're able to work with. Originally, they had requested five years. After speaking with them, they shortened it to four years. Specifics on breaking ground, I'll allow the applicant to address that.

Okay, yeah, because my concern is that if it's gonna continue and get delayed again and delayed again, and or the opposite of that, if it's gonna take four years to put this small track together, are we gonna have to deal with all of our residents facing a construction of that corner

the next four years with all the traffic and trucks and stuff like that so i'm just curious if you can answer it that's fine uh one more question andrew did a nice job with the report thank you and will this be a separate hoa since it's been split off from the other subdivision there that's there and can we require some kind of recreational opportunities within that open space

Mr. Mayor and Councilwoman Merrill, the HOA will be separate. It'll be the Mosey Hill HOA, and then Brookway will maintain their HOA. And as far as additional amenities, if you would like to require fewer lots and a dedication of more open space with your motion, you're free to do so.

Mr. Mayor, I have a question. Andrew, was there any discussion between the applicant and staff about whether there could be an agreement between the two subdivisions since they were originally all one? The original one had a swimming pool and other recreational opportunities, some agreements that could be between HOAs or opportunities for them to use the others or a fee that would be installed with the residents or some way for them to be able to use some of those amenities that were in the larger piece when it was developed, when it was brought forth?

There was not. The only correspondence with the Brookway subdivision was the letter that was included within the packet.

Okay. All right, I'll save my remarks for afterwards, but let's open up the public testimony. At this time, if you did not sign up and you changed your mind, you can come up afterwards, just state your name and address for the record. We'll see what happens first. All right, thank you. All right, Dee Jackson.

Mr. Mayor, Council, Deborah Jackson, 2625 North Synergy in Eagle. The original plan for this 28-acre site was part of Brookway subdivision, which is known to those of us that live in it as Eagle Mountain Estates. This was supposed to be phase five of our subdivision. It was not developed back then. Now it is Mosey Hill's plan to build it out with the exact footprint of what was originally planned. The vision for Eagle Mountain Estates for this phase five is what it was called or thought of, was inclusive for the park that we have in Eagle Mountain, the playground with children's play equipment, the pool, and the maintained common pedestrian walkways that we have. The connector streets spoken of are, one of them, World Cup, will come into Eagle Mountain Estates. The other two can be referred to as either Heirloom or Redlands because it's the same street but a different name on different sides. So I don't know how you want to refer to it. And Evita will go into Staggs Crossing. So the Mosey Hill subdivision has included no amenities as was discussed. I don't know who wrote that letter, but I'm in complete agreement with them that they should have some amenities for their future residents. Now, children will be inclined to seek out play areas and they'll have access through the connector streets into our subdivision and also into Stegs Crossing. I did talk to the residents in Stegs Crossing and we are in consensus that even if we put signs up at our play areas for Eagle Mountain Estates residents and their guests, And the same with Steg's Crossing. Children, they're not of an age of majority. They're going to ignore the signs. And it will cause more wear and tear. And we are going to be responsible with our HOA fees or additional assessments to repair and to upkeep our parks that we pay for and the children's equipment. So what I am asking the council to consider is to require the developer of Mosey Hills to furnish its residents with a play area including play equipment comparable to the neighborhoods to the west and to the south of this plot of land to provide its children a place to play in their own neighborhood. And so I would just like to see that the developer be a good neighbor and provide those types of amenities for their residents. Thank you.

Thank you. All right, Rick Kirsch.

Hi, good afternoon. I'm Rick Hirsch. I'm going to admit up front that I am one of the...

Your address real quick. I know I have it, 1017, but go ahead for the record, please.

Yeah, I am one of the, what we say, invaders from the West Coast. Came here five years ago. Actually, I helped a friend move about 20, 25 years ago here, and loved it and I've been back many times since that to visit him and I've seen changes moved here about five years ago I just couldn't leave my job I was with the Los Angeles County District Attorney's Office I was a DA for 30 something years and I've watched lived and watched development and I've lived and watched and seen the runaway train and the question is, can a line be drawn? Who's gonna draw it? What will be the consequences of it? I don't know the financial aspect you folks face because you've got private property owners with the right to develop you also have the police powers. If a development or a project would negatively impact the community with respect to safety, with respect to the needs of water, all kinds of things, traffic. And I wanted to point out the safety especially issue, I live just blocks away from the intersection of Floating Feather and Highway 55. And over the past two, three years, the traffic has just increased tremendously. And my wife and I are retired. One of the reasons I I had to borrow money to live in Eagles because it was safer. Where I came from, no. And my wife also, she's legally blind, but she likes to walk. She actually works out, and she runs around the neighborhood. Floating Feather and 55... That's a bad location. That's a risky location. I've seen the aftermath. I believe there's been an increase in accidents. I know in Floating Feather, there was a fatality some years ago at Eagle, Floating Feather and Eagle, and a friend of ours, actually, she and her two babies in a carriage were hit crossing Floating Feather some years ago. I live... at a location where I'm sitting in my backyard, because I'm retired, what else do I do? I hear, even though I've seen a traffic officer. You can finish your thought. A traffic officer on a motorcycle giving out tickets the other day, the first time, I hear the cars rushing by. I hear the squealing of the tires. And that is a dangerous, dangerous situation. street and the traffic is just going to get silly on there so i wanted to bring that up and finally take a look at camarillo if you ever get a chance california it was a farming town used to be a state mental hospital there and they uh they transformed it though Over 40 years, it's become a pretty robust community. I think the population is approximately 71,000 right now. It was kept down because it's prime location. It's right where one of the major freeways meets the ocean. were careful with how they uh with respect to the development there's a lot of businesses a lot of restaurants it's really nice the downtown area but they have the parking uh it's under control and uh i haven't seen any multi-story building and so it still looks nice it's all single store And that's basically what I wanted to say. I'm concerned about safety. Well, thank you. Okay. All right. Appreciate it.

All right. Did anybody else change their mind, want to step up and comment on this application? All right. Seeing none, I'm going to close the public testimony portion, bring it back for rebuttal with the applicant.

Thank you, Mayor and Councilman. I heard a few things. One, the sidewalk next to the canal, that is an easement agreement with the HOA. I think that question was answered, but I just wanted to make sure that was answered properly, I guess. Mr. Mayor?

Greg. Just a follow-on question, when you say that was answered, in my mind, you're saying that the HOA would maintain that strip between the sidewalk and the canal?

I believe that is the easement agreement. Okay, thank you. Yes, that it will be maintained. Construction timing, ASAP. They're ASAP, way less than four years, and it'll be complete. as soon as possible. Very responsible developers, high quality homes to match the flavor of Eagle and custom. So I guess, I don't know an exact date, but other than ASAP and it will be finished within far beyond four years, as soon as we can get it. Recreational, It hasn't been discussed. I mean, we have the open space. I suppose that could be a condition. We'll probably reduce lots, perhaps. Other than, yeah, I guess the intent is to make this a nice neighborhood as all the other neighborhoods that exist in Eagle with good pathways and good clear ways to get to recreation. My wife and I are invaders too, but I guess from the east side of the state. And we've been, we spend all of our time on the Greenbelt. We live a mile away from the Greenbelt in a neighborhood that has an unused, somewhat thrown together amenity that I never see used, but we all go to the Greenbelt. It's less than a half a mile. We can ride or walk. to there, but like I said, I suppose that could be a condition. As far as traffic, ACHD, I failed to mention this in our, in my presentation, ACHD reviewed this in May of this year, May 15th. It's probably in your packet, but they, their requirement to request a specific traffic study has to be if the traffic is increased by 10% in the peak hours. And this was below that threshold, so they didn't require a specific traffic study. It is, as we know, on the bill, I guess, or the plan to widen this to five lanes in the next five years. And so I think that's part of it with the right of way that we're given. I guess ACHD's calculation did not meet the threshold to do a specific traffic study. But any traffic increase, we all feel, I think, as well.

Excuse me. Mr. Mayor, you mentioned right away just now you were drawing a parallel there. Could you explain what you were saying?

Well, we have the, I guess, to address, ma'am, your question specifically on the 48. It is a 50-foot right away that that's given up with a landscape buffer after that okay I appreciate that yes I think that's a safety I I don't know the exact if if it's a number of people that's gonna create the safety issue if it's traffic that creates the safety safety issue not too clear about that other than I guess we all live in this in Eagle because it's safe because, uh, there are nice homes attracts good families that respect the laws. And I guess ultimately we all hope that that is the case. Any other questions? I know mayor, you had Rob, go ahead.

Mr. Mayor. Um, so what does ASAP mean? Are you guys asked for a five year, Now you're asking for a four-year, and you're saying it's going to be done in way less than four years, but I kind of feel like it's semi-vague as to there's still some interpretation in there. I don't know how to read it.

Yes, Mr. Mayor, Councilman. Other than I know that they're eager to start digging, I can't give you a timeline. We have to do construction drawings that then need to be improved. That's usually a six to eight month process. So we're at the soonest. That's probably how soon we can legally get it done. If they could do it next week, I know they would, but we're constrained by that timeline, I guess, of approval process of construction drawings so that roads can be built.

And then just to touch on something that Councilwoman Merrill asked and that somebody testified to, a lot of these developments that come in here, they do work on amenities for the neighborhoods as they're being built. So they benefit the residents moving in there, but also benefit the surrounding neighborhoods. If that's lacking with this current presentation, is there any option other than there's a greenbelt a half a mile away that we can drive to or walk to or ride a bike to? Is that even feasible for people to do? Are you guys gonna even entertain the possibility of adding some additional open space?

Yes, we can analyze the open space as it exists and what could be added to that. I guess ultimately we're not saying no that we don't want to put anything there, it's just no, concrete discussions have been made of what to put to the open space other than their active open space, but if there is room and a desire and need for playground equipment, for example, that could be considered, yes.

Just one last thing. That would just be my ask from where I sit, and it's something that I'm consistent with with pretty much every development that comes before me since my short time on this council, I always ask for developers to be good neighbors to the other people that are already living in the area. And if that's something that's being identified early on, potentially that'd be a concern of mine too. That's all I gotta say. Thank you. Mary?

Mr. Mayor, I appreciate hearing that you would be open to having that conversation. I think that's what we're hearing out there in the community. So I don't know at this point if this is something we would remand back or postpone, so you could have that conversation, take a look at coming up with maybe some additional open space, reducing density a little bit if necessary, and then coming back with some sort of proposal, a new plan that would address that.

I would think that that would probably be a good idea also. I think that maybe we could do a condition of approval based upon playground equipment benches or such in an area there for the subdivision and have it go back to staff. I don't know, Andrew, if this goes back to design review or if it's already past that stage and we're back now to staff's approval of some kind of a playground equipment and benches in an area that will allow for recreational opportunities in that. we could make that a condition of approval, add it to the development agreement or add it to this condition here of this application.

Mr. Mayor, and I think maybe it might be a little bit more with that, actually taking a look at perhaps reducing some density there with a couple of lots, not just adding a structure and some benches, et cetera, but take a good hard look there.

a specific condition of approval or if just to have them come back with something later so that would be my if i may uh just speak to this really briefly uh daniel miller i'm the zoning administrator i think it's a well worthwhile conversation to have and i think the council can either we can scroll back to a slide that includes the map exhibit that shows the open space versus the buildable lots and if council wants to have a directed discussion to say For instance, remove X number of lots and provide open space here that includes these amenities that may be able to address the issue at hand. If you don't feel comfortable doing that with that much precision, you could remand the application back and staff could continue to work with the applicant with some general guidance on what you would like to see within this subdivision. Additionally, one more item for discussion just to Councilman Gillis' line of questions here. For more specificity on timing regarding construction drawings and what's typically seen, A preliminary plat carries a two-year time period of approval, and a final plat is one additional year for three total years. It's typically what we see to get through the entirety of a process from preliminary plat approval through final plat recordation. So that's about as succinct as we see according to code. Sometimes people do it quicker if they're able to get improvements done quicker, but three years is standard for what we see from tonight, let's say, through

completion of the final plat and then homes are ready for sale if that helps with any kind of clarity on timing i'm in agreement with mary and and rob both on this but i'd like to see staff maybe pull up that plat and let's look and see what we can work i hate to hold the development up if you're ready to move dirt and do that and and get it going, but I do think that we need to make some decisions on this while it's here before us tonight instead of pushing it out and making the timeline even longer. So I'd rather do that.

Mr. Mayor, I just want to reiterate that I really appreciate your willingness to have a conversation and entertain doing something like this. So thank you. Thank you, ma'am.

I'm going to make a couple of comments real quick because I always like the council because they're the ones voting unless it's a tie. But with that said, we seem to be falling into a pattern of amenities for children and not all of the people that are purchasing homes have small children. we need to have a balance there somewhere about having a location where somebody can sit and read a book under a tree with benches or something to that effect as well. So I'm not always just saying put a play structure up. I also live in that same area just to the south of them, and I rarely see children playing on all of the amenities out there. There are some that will come periodically, but you also have teenagers that just hang out there there's nothing wrong with that it's just that you know they're they're all ages are using that but what is the number what is the absolute number if you don't have a number right now but of reducing lots what what could what could fit into your equation to where because we're looking at we're looking at the the largest land is behind lots five six and seven and um that small little lot with the cul-de-sac over between two and 19, that's just, that would be a, I don't know, a prime area for maybe adult type stuff, you know, amenities there. And then looking at some of the children's area on the bigger area so they can run, it looks like there's a little bit room for people to run, kids run around as well. So I'm not trying to tell you how to design it, but I'm just telling you that all these neighborhoods, we have similar things set up in our amenities and stuff. And, um, Yeah, there's no, usually you hear people want pickleball courts, or they'll want some kind of multi-purpose court with tennis. Shooting range. Yeah, you could build an indoor one, you'll get a lot of, but that kind of stuff. So I would say, what is the minimum of your 53 lots, I think it is, that, yeah, buildable lots that you could actually say, I could omit one lot, two lots, I mean, I don't want to get drastic, but Does that get out of balance? I know everything you lose is gonna be out of balance, but what can you actually do? And then digest that for a second. My other thing is, I, like Council Member Gillis, I was on City Council when you first came here in 2021. I remember some amenities in part of that fifth phase or whatever, there were, there was some balance there. So there was no discussion on lack of amenities because there was a balance of, um, the whole neighborhood having, you know, things all over the place to use. And I was a little discouraged to see nothing there. I mean, to be quite frank. So if, if you could start adding, in my opinion, look at people that are the, the elderly that the, I would say, you know, Half of our, 46% of our public is 45 or 50 years and older. Look at some of the balance on the amenities as well into that, and I don't know, I think you have an opportunity to enhance it a little bit, so you want that, because if it's gonna be high quality custom homes, you have to have some high quality amenities to offset that. So they're not, you know, moving over into other neighborhoods, even though the sidewalks are all ACHD, we could walk all over the whole city if we stayed, if we want, but you know, I'm getting at, I think there's some room for some enhancement. And, um, I, I too think that you could probably come back with a couple of modifications because this is a new application. The other one's gone. I mean, so basically it's over. So, um, but putting up something. Yeah. But the delay to four, four years is, I don't, I can't, I can't handle that one either. So I think the three year thing, maybe you might want to look at realistically, because if you're ready to turn dirt, that means three years is not out of the, the norm to be able to accomplish that. And it's been five years since you came last, at least to me. And so I'd be interested in seeing how you maybe can work those conversations I just had with you out.

Mr. Mayor. Yeah, Nancy. Yeah, I'm thinking about this whole thing exactly with the bigger piece that's been left. This piece has been sliced off, if you will, from the piece of the pie of the bigger subdivision that's out here. i don't think that we tonight can look at this in fairness to you as a developer or to staff and say take out these lots here these lots here knowing that those bigger lots are your prime lots and your premium type of lots on this but we do know what we want and we do need to have some opportunities for recreation of some sort in here whether it is I know my husband and I would love to walk the little dog, but we love to walk to places that there's a bench and there are ponds and things and places for those things. So we have some opportunities to think about that for a minute. And maybe, Daniel, how long, if we sent this back to staff to look at this with the developer, would it take to get it back to us? Because I don't want to withhold him too long. but I don't want to just quickly do something that we need to have some quality in here.

Mr. Mayor, I would agree with that. I think it's dangerous when you start to legislate from the dais like this and give him the opportunity to take it back and do a careful look and come up with a plan.

Could I respond to a couple of your concerns and questions? Absolutely. Mr. Mayor and Councilman, I think just looking at it, and hearing the feedback of being a good neighbor. That's, that's the desire. We are a different applicant than, than came before in 2021.

It's hard to get that out of my head though.

It is. And so different. Anyway, that's a different, um, the desire to be a good neighbor is still there. And, and that's always sort of the only clients that we work with. And so just looking at it, if, if the good neighbor situation is, this is more of a park feel. Kids can go to neighboring subdivisions to play on equipment and people my age and older can enjoy a park feel and a book and a gazebo perhaps or something. If I'm not mistaken, a condition can be put in place that requires those things and then I guess it's ultimately the developer to say, how is that going to fit? Do we have to give up two lots or one lot or whatever? But if those conditions are in place, then we design accordingly as we move forward. That's often the situation is here's the plan, by the time we get to the end, there's one or two less lots just because of the way the situation happens.

Shane, do you feel like you've been given enough information to go back and have a good discussion and come up with some strategies that would accommodate some of the desires that you've heard tonight and then work with staff to kind of come up with a revision to your preliminary plan here? Yes, sir. Okay.

So, Mr. Mayor, then Daniel, what we would do would create a condition of approval, an additional condition, if we accept the application as Andrew has recommended here, and the additional condition of approval would be to send it back to staff, work with a developer, and create an open space that's large enough for a quality type of activity or recreational opportunity within the community, you would know what we're talking about.

Mayor Pike and Councilwoman Merrill, with enough clarity on that, I guess I would want to clarify, typically when these are remanded back, they come back to Council for approval. There have been times when councils provided clarification that, for instance, two lots shall be combined into one lot, and the square footage of that shall be less than 15,000 square feet. That gives staff a representation of what council wanted to see here. If you could provide clarity on either a number of lots lost, or not lost, but removed from the development, and then any amenities that you want to see, and then the commission would need to be clarified that...

guess it would have to be reviewed again by the design review board and the city council when those amenities came forward for a proposal at that time you'd get to see it again daniel the size of these lots in general as an average if you take out two and make one for an open space area what would that how many square footage would i be looking at on the average if these they're already going to be reducing the size of the lots

If it were two of the smaller lots, it would be about 20,000 square feet total, so about half an acre.

Is that size big enough? Mr. Mayor, just for a comment.

I don't want to be the person that says take out one lot or five lots or 20 lots. It's up to them and their engineers and their design, and they kind of know what we're looking for. I don't want to come up with a number myself. I think that that should be completely up to them, knowing what we're asking for.

Mr. May, I agree. I think Mary said it the best. We don't need to delegate from the DAS here.

So can I ask a clarifying question? Absolutely. And so just so I understand, so there's a code for open space. We're meeting the code of open space. You just want to open or more open, I guess. That's my East Idaho English coming out. Yeah, that's English, yeah.

I think if you could provide something that accommodates the amenities that's been requested, how you do it, we don't micromanage that. This is the desires that I think the council is looking for, and how you work that in is exactly what we're saying. Like my example was I gave you some things that I know the public enjoys, especially the people 45 years and older. They don't want to play a tot lot. That doesn't do them any good. And they're paying money for an HOA and they're not being able to utilize their open space. But at the same time, you've got to accommodate a balance. So you come up with the balance and then you submit it. and you have your conversation with staff, and you bring it back with a better plan, and I think we're there. Can I comment one more thing, Mr. Mayor?

The only thing I would say, too, is that you guys are asking for a waiver on the lot sizes already as part of this. It went from 17,000 down to 10. You know, 10,000's about a quarter acre. So, I mean, you're already asking for us to change the lot sizes for what would normally be going in that area, so... I think that should be part of the conversation. It's not that we're telling you to get it opener. I think that the specifications are already in there and you're looking for a waiver. So we're just saying maybe there's a way to massage that a little bit to find some area in there that's more of an amenity area.

I think that's what we're looking for. Are you saying like if we omit the waiver, then it negates that need so you're back to utilization of that open space? Yeah. Yes, sir. Thank you. Does that give enough information for?

Help, Daniel.

Regarding next steps, potentially, or... I guess there's two options. One would be potentially to add conditions that you feel confident in that provides enough guidance to them and to staff to evaluate the application based off of an approval with additional conditions. Or it could be remanded to staff in order for us to continue working with the applicant to receive revised plans that show what the intentions are that were discussed that we can bring back before you for full evaluation before an action is made. i like that one yeah i think remanding it back would be something that's more clean for everybody so if that was the decision um we typically have two scheduled public hearings each month that we have public hearings on i recommend this comes back as a public hearing it's helpful to the applicant if it's continued to a date certain so that we don't have to go through the notice process again but both meetings in october uh getting a bit full we have three items on each some are smaller some are larger the first one in november is wide open there's also the middle meeting in october that we're preserving to typically not have public hearings on for land use items but i can provide dates for any date that you would like to see if you see and i can recommend to the council if if you see the middle any of those middle meetings that have a light

then we ask if you're ready to go as the applicant that we fill you in on one of those with some light topics. We added a third meeting just so we can do stuff like this, have flexibility in things.

So we would be looking at the 13th of October for that middle meeting?

The middle meeting would be October 20th.

Okay, I was going one, two, three, okay.

Do you think? Mr. Mayor. Yeah. Can the applicant be? Are you good with that time? Yeah.

Are you able to accommodate those? Yes, sir. Yes, ma'am. I'll be here.

Gives you enough time.

All right. I think that's good. So with that said, why don't we have a motion to remand it back to staff and then work with the applicant to come up with a revised plan.

Mr. Mayor. Nancy. I make a motion that we... remand rzda-2020-10-mod1-cup-2026-11-ppud-2026 dash 05 slash PP dash 2026 dash 05 modification or rezone development agreement conditional use permit preliminary plat development and preliminary plat for Mosey Hill subdivision back to staff with the condition that they review with the applicant the opportunity to provide more open space for amenities within this park that will take care of the people that live there, the citizens there.

Mr. Mayor and Councilwoman Merrill, that was beautiful. One quick comment would be, rather than wording it to be remanded to staff, it would be continued to October 20th and to leave the public hearing open. Other than that, that was exactly what I said. Thank you. That's what I heard.

I second. Just for a comment.

We're in discussion, we have a motion and a second, now we're in discussion anyhow, so go ahead.

Just to add that additional verbiage in there that Councilman Kwame was asking about the quality of the fencing and stuff, I think that was another concern that he had, is that correct? That's right. That should be part of it.

All right, Shane, you got that part with the enhanced fencing on the composite part? Yeah, okay, thank you. All right, I had the motion, I had the second. If there's no more discussion, all in favor?

Mr. Mayor, one other comment, discussion. I just want to mention, when we get these development agreements that come to us, I always ask, okay, how are you helping to improve the city of Eagle? Whether it be amenities, large lots, some special features, and right now I don't see that in this development. You've reduced the size of the lot. You're asking for waivers on setbacks with increased open space. The open space I see is a walking path, and the rest of the open space is full of trees. I really think it needs serious consideration in terms of creating more open space and better amenities. As mentioned earlier, that would be somewhat compatible with the Eagle Mountain Estates with probably the exception of a pool because that is gonna be, I'm sure it's gonna be key coded for residents only. But we don't wanna see kids migrating to other developments to recreate. I think it's important that we have recreation for kids. I also think we have amenities for adults, the people that are paying the bills in this development. And so I think we need to take a very serious look at that. And whether it be creating more space by eliminating lots or reducing the size of lots and creating more space, I think it needs to be significant. So that's, I just want to make that point.

Okay. Before I call the question, everybody's good? All right, all in favor say aye. Aye. Thank you, we'll continue. All right, thank you. We're going to move on to new business. We got an ordinance, 976, Annexation and Rezone Ordinance, Hartley Cove Subdivision. Let's do the reading of the, waving of the three readings first, but then Andrew, I'd like you to come up after that and talk about it. Okay, yeah, go ahead.

All right, Mr. Mayor, I move 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 number 976 be considered after being read once by title only.

Thank you. I have a motion. Do I have a second?

Second.

Any more discussion? Roll call, please.

May? Aye. Merrill? Aye. Gillis? Aye. Kwame? Aye. Motion carries.

Thank you. All right, Andrew, let's go ahead. Before we read the ordinance, let's go ahead and have a presentation there.

Andrew Glassville, planning and staff, for the record again. This is just the rezone ordinance to finalize the application for Hartley Cove subdivision, which was approved. I think findings were approved on August 25th. and this will change the zoning from RUT to, I believe, R1DAP, if my memory serves me correctly. I'm happy to answer any questions if you have any.

Yeah, thank you for coming up, Andrew. Is there any questions for him? All right, appreciate it. All right, let's go ahead and continue with the ordinance, please.

Okay, Mr. Mayor, I move that ordinance number 976 be adopted. Ordinance number 976, Annexation and Rezone Ordinance, Hartley Cove Subdivision. An ordinance annexing the real property described herein and changing the zoning classification from RUT, Rural Urban Transition, Ada County designation, to R-1-DA-P, Residential with a Development Agreement, PUD, and amending the zoning map of the city to reflect said change, providing a severability clause and providing an effective date. The 5.74 acre site is located on the west side of North Hartley Road, approximately 1,000 feet northwest Beacon Light Road. Ordinance number nine, ASG, ordinance number 976, annexation and rezone for Hartley Cove subdivision.

Thank you. Okay, does the motion have a second?

Second.

Any more discussion? Roll call, please.

May? Aye. Merrill? Aye. Kwame?

Aye. Gillis? Aye. Motion carries. All right, thank you. We have no executive session this evening, correct, Mr. Attorney? All right, so next I need a motion to adjourn.

Mr. Mayor, I move we adjourn.

We have a motion to have a second. Second. Any more discussion? All in favor say aye. Aye. Thank you. Meeting adjourned.