Minutes - 2004 - City Council - 05/11/2004 - Regular (2)
v
EAGLE CITY COUNCIL
Minutes
May 11, 2004
1.
CALL TO ORDER: Meeting called order at 5:35 p.m.
2.
ROLL CALL: Present: Sedlacek, Guerber, Nordstrom. Absent: Bastian.
3.
NEW BUSINESS:
A. Laguna Point LLc., represented by Land Consultants Inc. is requesting mediation with the
City of Eagle pursuant to Idaho Code § 67-6510 for Laguna Pointe Planned Unit Development
application #A-2-O3/RZ-2-O3/CU-5-O3/PPUD-l-O3/PP-3-03.
Mark Butler representing Laguna Point ILe. begins his discussion stating that the
applicants are no longer proposing motorized watercraft to be used on this development.
Butler proceeds to review the modifications to the initially submitted application. Their
goal is to be able to reinitiate this project at the Council level, meeting with all of the
public hearing requirements, but not being referred all the way back to the Planning and
Zoning Commission level. Butler reviews a document addressing the outstanding issues
they are attempting to address. Attached to minutes.
Bastian arrives at 5:40 p.m.
Discussion regarding points of clarification regarding the mediation procedure and how to
proceed from this point forward. Discussion includes additional application costs, future
public hearings, gravel extraction restrictions among other things. Council would like a
timeline submitted on the timeline for the gravel extraction process.
Nordstrom moves to approve a mediation agreement to go forward for the sake of
time, that Mr. Butler has had ample experience working with the City of Eagle and
I'm sure he can suggest to his client what works best here, and what would probably
work out in the public process. So I'd ask that on those conditions that we find in
favor of the motion. Seconded by Bastian. ALL A ¥E...MOTION CARRIES.
Guy Hendrickson, has a question about laws that have passed since the initial application,
questions how this could potentially affect the city if someone feels the law does not
apply to them because of the submittal date.
City Attorney, Buxton, addresses Mr. Hendrickson's concern.
Dennis Baker states that he still has concerns with the application.
4.
ADJOURNMENT: Adjournment at 6:20 p.m.
Pagel
K:\COUNCIL\MINUTESITemponuy Minutes Work Area\CC-OS-I l-04spmio.doc
Bastian moves to adjourn. Seconded by Guerber. ALL AYE: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 6:20 p.m.
Respectfully submitted:
'-
t"""""'.
...." OF E..t ."""
~. <\~"""...!!~Â ."'"
, ~'.II -.. V' '"
I (j.ff' ~t'OR...l' ... "
:t i,.~ <;>."
. '" ..
. . .
:..... . _.- . * :
. "" , -. .
\, .~ SEAL~!O ¡
-- . C'. Q .. :t
"d\....~:"OR"'~~.. ~..:t
~...."~ ....... <' ~ .."
~## 'J's 0.... \v ...."
'" [" ...."
""......,...."
.~(~._~~
SHARON K. MOORE
CITY CLERKffREAS URER
APPROVED:
Page 2
K:\COUNCILIMINUTESITetJ1'Onuy Minutes Work AreaICC-OS-1 I -O4spmin.doc
Spec 5111l01/
May 11, 2004
Laguna Pointe items for mediation consideration
1. The use of motorized watercraft on the waterways shall be prohibited except that,
if the City of Eagle modifies their motorized watercraft prohibition to allow
watercraft with electric motors for instance, any such permitted use shall become a
permitted use for Laguna Pointe.
2. Developers agree to annex into the Eagle Sewer District with options west or
south.
3. A concept plan for Mixed Use (approximately 12 acres) area shall be provided
with the Final Development plan for Laguna Pointe.
4. Extraction and removal of gravel off site shall be permitted for any gravel not able
to be utilized on site for site construction and shall be limited to those areas
planned as water bodies. Hours of gravel extraction operations shall be limited to
between the hours of 7:00 a.m. and 6:00 p.m. Gravel extraction operations shall
not be permitted on Sundays.
5. The following Mixed Use uses shown as permitted and conditional uses in Eagle
City code shall be prohibited for this Property: (see development agreement)
6. The following Mixed Use shown as permitted and conditional uses in Eagle City
Code shall be permitted for this Property:(see development agreement)
7. Developers shall install a gravel pathway along the south side of the Boise River
(design and width to be determined as a part of the public hearing process)
8. Developers shall provide a setback (to be shown at the public hearing) along the
south property line adjacent to the land owned by the Boise Sewer District.
9. Developers agree to place note on the Plat acknowledging that the land owned by
Boise City is intended to be used for their sewer treatment facilities.
10. Developers shall be permitted two private roads with gates (see plan).
11. The mixed use comp plan amendment shall be processed for public hearings
through the Planning and Zoning Commission and City Council.
12. The previously submitted applications shall be processed for a public hearing by
the City Council
Page 1 of 1
Mcdiation.doc
Recording Requested By and
When Recorded Return to:
fec 5111 04
William E. Vaughan - Planning and Zoning Administrator
City of Eagle
P.O. Box 477
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into this day of , 2004,
by and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and
through its Mayor, and Coast to Coast LLC. ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 2260 S.
Eagle Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description
(Exhibit A) which is the subject of an application for Rezone for identified as Rezone
Application No. ; and
WHEREAS, the proposed development includes properties within an area currently
zoned A -R (Agricultural Residential District — one dwelling unit per five acres maximum), and
RUT (Rural Transition- one dwelling unit per five acres maximum); and
WHEREAS, the Owner desires a MU (Mixed Use) zoning classification to develop a
portion of the Laguna Pointe Subdivision with some limited commercial uses on the above
described property, which is herein referred to as the "Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that the scope of the proposed residential and commercial use upon the Property,
including extraction and removal of gravel off site, must be limited to prevent undue damage to,
and to otherwise be in harmony with, the existing community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of Owner's
use and enjoyment of the Property while at the same time limiting any adverse impacts of the
development upon neighboring properties and the existing community and ensuring the Property is
developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and
Page 1 of 8
Dev Agree MU.doc
WHEREAS, the 0 wner h as agreed t o the use restrictions and other limitations set forth
herein upon the use and development of the Property and has consented to a MU (Mixed Use)
zoning designation for the Property with the requirements set forth in this Development Agreement;
and
WHEREAS, the Owner has previously provided Eagle with an affidavit agreeing to submit
the Property to a Development Agreement pursuant to Eagle City Code Section 8-10-1(C)(1); and
WHEREFORE, the Owner and the City of Eagle desire to resolve the issues and concerns
that have arisen and for and in consideration of the mutual covenants contained herein, it is
agreed as follows:
ARTICLE I
LEGAL AUTHORITY
1.1 Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the property
that is the subject of the application to a MU (Mixed Use) zoning designation, after
recordation of, and subject to the provisions of this Development Agreement. The ordinance
will become effective after its passage, approval, and publication and the execution and
recordation of this Development Agreement.
ARTICLE II
CONDITIONS OF DEVELOPMENT
2.1 The use of motorized watercraft on the waterways shall be prohibited except that, if the City
of Eagle modifies their motorized watercraft prohibition to allow watercraft with electric
motors for instance, any such permitted use shall become a permitted use for Laguna Pointe.
2 2 A concept plan shall be provided with the Final Development plan for Laguna Pointe.
2.3 The Owner shall submit a Design Review application for as required by the Eagle City Code,
and shall comply with all conditions required by Eagle as a part of the Design Review.
2.4 The development shall comply with the Eagle City Code, as it exists in final form at the time
an application is made and the conditions within this agreement shall be satisfied.
7-23Extraction and removal of gravel off site shall be permitted for any gravel not able to be
utilized on site for site construction and shall be limited to those areas planned as water
bodies. Hours of gravel extraction operations shall be limited to between the hours of 7:00
a.m. and 6:00 p.m. Gravel extraction operations shall not be permitted on Sundays.
Page 2 of 8
Dev Agee MU.doc
2.6 The following Mixed Use uses shown as permitted and conditional uses in Eagle City code
shall be prohibited for this Property:
Apartment
Ambulance services
Animal shows or sales
Automotive washing facility
Banks/fmancial institutions (no drive up service)
Banks/financial institutions (with drive up service)
Boarding or lodging house or dormitory
Cabinet shop
Cemetery
Childcare Daycare center
Christmas tree sales
Church
Circuses and carnivals
Communication facilities
Drive in theater
Drugstore
Electronic sales, service, or repair shop
Emergency health care
Emergency services
Equipment rental and sales yard
Flex space
Golf course and related services
Government building, offices
Hardware store
Hospital
Hotel
Industry Custom
Industry Limited
Industry Research and development
Kennel
Laboratories
Laundromat
Laundry (with or without drive up service)
Library
Mobile office
Mobile home (single unit) (primary residence)
Mobile home (single unit) (temporary living quarters)
Mobile home park
Multi -family dwelling
Mortuary
Motel
Nursing/convalescent home
Parking lot, parking garage, commercial
Personal wireless facilities (height -35 feet or less)
Public service facilities
Retail sales (pharmacies and medical)
Riding academies/stables
Roadside stand (temporary structure)
School, public or private
Sign shop, including painting
Page 3 of 8
Der Agee Medoc
•
i
Small engine repair (mower, chainsaws, etc.)
Storage (enclosed building)
Storage (fenced area)
Street fair
Trade fair
Travel services
Two-family dwelling
Upholstery shop
Woodworking shop
Vv -v? elloviej
USzs
ta\I) \‘‘7()0-
ti1--hiGcAblri U:1
2.7 The following Mixed Use shown as permitted and conditional uses in Eagle City Code shall
be permitted for this Property:
Artist studios
Arts and crafts shows
Bar (must be upscale in nature)
Beauty/barber shop
Bed and breakfast facility
Catering service
Clinic
Club or lodge
Childcare Family
Childcare Group
Convenience store with no fuel service
Farmer's market
Food and beverage sales (20,000 square feet maximum per lease space)
Health clubs, spas, weight reduction salons
Home and business services
Horticulture (general)
Horticulture (limited)
Home occupation
Indoor and outdoor commercial entertainment facilities and live entertainment events
To clarify, a concert house and/or large-scale concerts shall be prohibited. However, indoor and
outdoor live music events shall be permitted as ancillary uses to a permitted use such as for
weddings, at dining areas, etc.
Massage spa
Museum
Nursery, plant materials
Office, business and professional
Park and recreation facilities
Parking lot
Personal improvement
Personal services
Printing and/or blueprinting
Photographic studio
Planned unit development
Professional activities
Research activities
Restaurant (no drive thru)
Retail sales (general) (20,000 square feet maximum per lease space)
Retail sales (limited) (20,000 square feet maximum per lease space)
Shopping center
Single-family dwelling
Page 4 of 8
Dev Agree MU.doc
KVlzoo2 1 +
« back contents next »
Page 1 of. 1
(C SON
The Shell Pecten
The Shell Pecten Is one of Shell's most valuable assets. It is a universally
recognized symbol which captures the essence of the Shell brand. On a
RVI site the Pecten may appear ony In the form specified on this page (Le.
In red and yellow on a white background). No other form of Pecten or
presentation is permissible.
The Pecten appears only on:
- the prime sign (see section 3)
- dispenser lower door graphic
- with Quality Fuels on the dispenser valance
The Pecten does not appear as part of the graphics on any other element
of the RVI site. It must not be applied to any other visible surface. The Pecten
must not be Included in the design of Non -Fuel Retair brand logotype or
fuel brands.
O 2002 EqualoMNotIva
Peden 1.08
kttp://www.skellsource.com/jtaticContent/retail/jhared/Design_ jtandards_Martua%css/... 8/22/2.003