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Minutes - 2007 - City Council - 05/29/2007 - Joint v EAGLE CITY COUNCIL Special Joint Meeting Minutes May 29, 2007 REGULAR COUNCIL AGENDA: 5:30 p.m. ]. CALL TO ORDER: Mayor calls the meeting to order at 5:35 p.m. 2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. All present. A quorum is present. PLEDGE OF ALLEGIANCE 3. 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 Ae:ainst the City. B. Reauest for Noise Waiver: As allowed in Eagle City Code 4-9-6(0), Eagle Arts Commission. is requesting a noise waiver time extension until 10:30 p.m. June 9, 2007 to accommodate Fun Days Activities.. (SKB) C. Reauest for Noise Waiver: As allowed in Eagle City Code 4-9-6(D),Busters Bar and Grill. is requesting a noise waiver time extension until midnight on June , 2007 to accommodate Fun Days Activities. (SKB) D. Resolution 07-06 - Declaration of Surplus Property: (SKB) E. Resolution 07-07 - Declaration of Surplus Fixed Assets: (SKB) F. Resolution 07-08 - Declaration of Surplus Property: (SKB) G. Resolution 07-11- Declaration of Surplus Equipment. (SKB) H. Resolution 07-12: A resolution reappointing Robert Grubb to the Eagle Design Review Board and providing an effective date. (NM) I. Ooen Container Permit: Toothman-Orton Engineering Company is requesting an open container permit to be used ad Merrill Park on August 4,2007 from 5:00 p.m. to 9:00 p.m. Alcohol may be consumed only within the shelter and no glass containers are allowed. (SKB) J. FP-04-07 - Final Plat for Vizcava Subdivision (formerlv Thomoson Acres Subdivision) - C&C Develooment: C&C Development, represented by Joe Pachner, with Toothman-Orton Engineering Co.,is requesting final plat approval for Vizcaya Subdivision (formerly Thompson Acres Subdivision), a 38-lot (31- buildable, 7-common) residential subdivision. The 73.53-acre site is generally located on the south side of Beacon Light Road between Los Luceros Drive and Edgewood Road at 1425 East Beacon Light Road. (WEV) Page I K:\COUNClL\MINUTES\Temporary Minute~ Work Area\('C -5-29-07min.doc Bastian moves to remove Item #5A. Claims Against the City from the Consent Agenda as the Council has not had sufficient time to review the Claims. Seconded by Nordstrom. ALL AYES: MOTION CARRIES............. Guerber moves to remove Item #5C. Request for Noise Waiver from the Consent Agenda. Seconded by Nordstrom. ALL AYES: MOTION CARRIES........... Nordstrom moves to approve the Consent Agenda as amended. Seconded by Bastian. ALL AYES: MOTION CARRIES.................... 3A. Claims Ae:ainst the City. Mayor: The Claims Against the City will be moved to the end of the Agenda. 3C. Reauest for Noise Waiver: As allowed in Eagle City Code 4-9-6(D),Busters Bar and Grill. is requesting a noise waiver time extension until midnight on June, 2007 to accommodate Fun Days Activities. (SKB) Guerber: I'm just wondering if we are still having problems with Buster in regards to City Ordinances. General discussion. Zoning Administrator Vaughan: We are still having issues with Buster's advertising on the side of their van which is parked on the grassy area of their property. General discussion. Discussion on the noise ordinance waiver. Zoning Administrator Vaughan: Your Motion could include the requirement that the van be placed in a designated parking spot in the parking lot prior to the issuance of this noise waiver and noise waivers are only issued for conforming sites and if they want a noise waiver for next year the van needs to stay in the designated spot. So moved by Bastian. Seconded by Guerber. ALL AYES: MOTION CARRIES............... 4. PUBLIC HEARINGS: A. RZ-05-02 MOD - Develooment Ae:reement Modification (Lakemoor Develooment) _ DMB Investments. LLC and Eae:le Lifestvle Center. LLC: The applicants are requesting modifications to the development agreement associated with the MU-DA (Mixed Use with development agreement) zoning of the property. The I 78.5-acre, 240-10t (l42-residential, 53- commercial, 45-common) development is located on the east side ofS. Eagle Road approximately one-half mile north of Chin den Boulevard. (WEV) AI. DR-22-07 - Retail and Restaurant Facilities within The Shoos at Lakemoor _ Robert Brandon, Poae: and McEwen Lifestvle Centers. LLC: Robert Brandon, Poag and McEwen Lifestyle Centers, LLC, represented by Jennifer Haskamp with Landform Engineering Company, are requesting design review approval to construct approximately 205,000-square feet of retail and restaurant facilities. The 25-acre site is located on the east side of Eagle Road approximately 1,600-feet north of Chin den Boulevard within Lakemoor Subdivision. (WEV) A.2 DR-69-05 MOD - Modification to the Clubhouse Facilitv within Lakemoor Subdivision - DMB Develooment/Investments: DMB Development/Investments, represented by Dan Torfin, is requesting design review approval to modifY the clubhouse facility from 3,400-square feet to 8,0 I 5-square feet. The site is located on the east side of Eagle Road approximately Y4-mile north of Chinden Boulevard. (WEV) Mayor introduces the issue. Page 2 K.\COUNCILIMINVTES\Temporary /l.tinutes Work Area\CC-5-29-07mindoc City Attorney Buxton: The applicants are asking for a continuance until June 12,2007. Joann Butler, Attorney representing the applicants, it is my understanding that Design Review met last week and a couple of the items mentioned at the Design Review affects the Development Agreement. There are concerns with signs, lighting and landscaping which could be detrimental to the project as a whole. They are putting in an extensive sign, lighting and landscaping package and they would like to have their engineers present this to the City Council. General discussion. Bastian moves to continue RZ-05-02 MOD - Development Agreement Modification (Lakemoor Development) - DMB Investments, LLC and Eagle Lifestyle Center, LLC and DR-22-07 - Retail and Restaurant Facilities within The Shops at Lakemoor - Robert Brandon, Poag and DR-69-05 MOD - Modification to the Clubhouse Facility within Lakemoor Subdivision - DMB Development/Investments McEwen Lifestyle Centers, LLC, to the June 19,2007 City Council meeting. Seconded by Nordstrom. THREE A YES: ONE NAY: MOTION CARRIES............. General discussion on the continuance. 5. ROLL CALL: Planning & Zoning Commission: PIERCE, ASPITARTE, ZASTROW, MCCARRELL, FELIX. Felix is absent. A quorum is present. Design Review Board:_MCCULLOUGH, GRUBB, BARNES, WRIGHT, MACDONALD, WEBER, WHITTAKER. Design Review Board members are not present tonight. 6. Review and Further Discussion of the Eae:le Chamber of Commerce Downtown Feasibilitv Committee Findine:s Presentation Mayor introduces the issue. Kevin Blankmeir, Chairman of the Feasibility Committee, provides Council a quick overview of the Committee and the study. General discussion. Jason Pierce, provides the Council an overview of the Feasibility Committee's work on the study. Discussion on notification oflandowners, business operators and developers. We sent out information to all the residents of the City. Jason presents the power point presentation to the Council and discusses the same. General discussion on parking, height exceptions, and trees. Discussion on how to move forward to develop a downtown vision. Bandy leaves the meeting. Council concurs to have the Zoning Administrator report at the June 19,2007 on whether or not existing staff can work with the Chamber on planning for the downtown area. Nordstrom moves to continue this item to the June 19,2007 City Council meeting. Seconded by Bastian. ALL AYES: MOTION CARRIES................ Further discussion on the Downtown Plan. 3A. Claims Ae:ainst the City. Mayor introduces the issue. Guerber moves to approve the Claims Against the City. Seconded by Bastian. Bastian: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYES: MOTION CARRIES...... Page J K:\COUNCIUMINlJTES\Temporary Minutes Work Area\((' -5-29-07mindoc 7. ADJOURNMENT: Nordstrom moves to adjourn. Seconded by Guerber. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 7:35 p.m. Respectfully submitted: ~r1.A-<. _\L ~~ - SHARON K. BERGMANN CITY CLERK/TREASURER "",.......,'", ~.." c:.AGLb .## ~.. G ~ <: ## .... C.'- ........ .,.". ~.. -. '" $~' Ov..",T".....\ =f.""...q e. ~ = ....: ~ \: . CJ. 0 , ;::. 0 : : · u ,. "\.. a.- - .. h..y_..... : \ G r ..Q:..... : ~.. . -. S V ....~"<I.. ~ i . 'Iy q..,-e^.. ~ -.. COR pO ..- V' .... ##, ....... ~ .... ##### $']' ATE 0 ..", ""'1111""'" -~~~ MAYOR A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY HALL Page 4 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-5-29-07rnin.doc EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET . RZ-05-02 MOD - Development Agreement Modification (Lakemoor Development) — DMB Investments. LLC and Eagle Lifestyle Center. LLC Mav 29, 2007 5:30 D.M. NAME Zit& ADDRESS/ TELEPHONE TESTIFY YES/NO? PRO/CON q 7 5 E.J /0 0 . J n f" U ` c)) A v ( /f7 d 1(4(rc1 t-YA9 9,12 ze dre444 47,4)/( f'(,c3Puk(A) ic36 7( I( Page 1 of 11'sCOUNCIL\AGENDA \CCSIGNUP WPD 1.0 4 EAGLE CITY COUNCIL PUBLIC HEARING SIGNUP SHEET . DR -22-07 - Retail and Restaurant Facilities within The Shoos at Lakemoor - Robert Brandon. Poag and McEwen Lifestyle Centers, LLC: Mav 29, 2007 5:30 p.m. NAME ADDRESS/ TELEPHONE Page l of I I:I000NCILIAGENDAICCSIGNUP. WPD TESTIFY YES/NO? PRO/CON EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DR -69-05 MOD — Modification to the Clubhouse Facility within Lakemoor Subdivision — DMB Develoament/Investments Mav 29, 2007 5:30 p.m. NAME ADDRESS/ TELEPHONE Page l of H:I000NCILIAGENDA\CCSIGNUP. WPD TESTIFY YES/NO? PRO/CON WELCOME ECONOMIC DEVELOPMENT FEASIBILITY STUDY i rTB ECONOMIC DEVELOPMENT FEASIBILITY STUDY COMMITTEE - Introduction INTRODUCTION • Economic Development Feasibility Study Comrnrdee Formed June 2006 welt 15 members • Met once a month. twice a month and finally every week since December • Public Involvement was cntrcal • Meetings with Business Owners and Operators • Land Owners and Developers • Eagle Impact Area Residents ECONOMIC DEVELOPMENT FEASIBILITY STUDY COMMITTEE • Introduction ECONOMIC DEVELOPMENT FEASIBILITY STUDY COMMITTEE - Study Are.) 1 ECONOMIC DEVELOPMENT FEASIBILIT I MR/ RESULTS of the PUBLIC INVOLVMENT • Create a Family Oriented Downtown • Create a Pedestnen Friendly Downtown • Encourage Commerce Downtown • Need fora Business Assistance Teem (BAT Team) • Need Por an Increased Building Height • Need for Urban Tree Environment • Need for Strategic Padang Plan BACKGROUND • Honzon Task Force, 1992 • 1994 Downtown Master Plan • 1995 Downtown Mater Plan Accepted • 1998 City Started Comp Plan Update • Nov 90• 1999 the 2000 Comp Plan Adopted 2 Section 1.3 The City of Eagle Vision Statement "We envision that In the future Eagle will be (c) economically strong with a dlsdnct downtown economic center." 2000 COMPREHENSIVE PLAN Chapter 5 - Economic Development 6.4 Objective : "To preserve the economic Integrity of the Central Business District (CBD) and to encourage business and Industry that have minimal environmental impact". ECONOMIC DEVELOPMENT FEASIBILITY STUDY COMMITTEE - Regional Map 3 ECONOMIC DEVELOPMENT FEASIBILITY SIUI7r COMMITTEE - DOA Chapter 5 - Economic Development 5.5 Implementation Strategies • C. Encourage a diversity o1 uses in the Central Business Distnct • d Provide adequate parking for downtown • e Encourage the interconnection of pedestrian/bikeway systems between the CBD and Boise River Greenbelt • f New commercial development outside the CBD should complement the CBD and Eagle's rural residential identity • g Encourage commercial growth adjacent to the CBD and discourage isolated commercial development in outlying areas RVILLE 1ti BACKGROUND 2003 Eagle Processing and Visionary Committee was Created This committee worked for 1 year and • in 2004 the Eagle Architectural Standards and Design was Adopted • 2001-2002 Public Survey was Conducted and Presented to the Council ECONOMIC DEVELOPMENT FEASIBILITY STUDY COMMITTEE - Background 4 PUBLIC OPINION POLL • Question 15 The "downtown core" is • Important 667 68% • Useful 291 27% • Not Important 64 6% f • Question 16 Would you like to see the "downtcrnr iiiiigi core" vibrant? • Yes 774 84% • No 62 6% • Don't Care 88 10% •• AiuRti• Jit • 7l:]l 1111 ]L A:•.•• ; . 1.3 The City of Eagle Vision Statement "In 1999, City of Eagle citizens envisioned their future town as a well•planned community that encourages diversified hwng and housing opportunities. fosters economic vitality that offers jobs for residents, and provides places for people to recreate and enjoy Eagle's natural beauty " We envision that In the future Eagle will be: 2007 CO1IPREHENSIVE PLAN a. known as a highly livable town that successfully balances growth with many of the neral elements of its heritage; b. interconnected with user-friendly pathways and roadways; c economically strong with a distinct downtown economic center, d providing diversified employment and housing opportunities for all economic groups; e an environmentally aware community with distinctive open space, parks and outdoor recreation, f an economically strong city, that fosters local businesses and clean industry, g. a community committed to its support for children and families, h. and a unique community that maintains its rural residential feel in the midst of the Treasure Valley. 5 5.2 Existing and Future Conditions Eagle is home to a wide range of businesses Within the City and Area of City Impact (AOI). employment is divided among retail trade. services, construction, govemment and agnculture. The ltv f Eaole has taken/rest care In oreseMno �q pttw yeatrat, slges7 district as the econom c u a c The DOD Eagle Comprehensive Plan designate 930 acres (11 %) of the AOI with commercial, mixed use, business or industrial uses. In 2002, Eagle had 0 57 jobs per household compared to Boise at 1 7 and Meridian at 1.2, as calculated by COMPASS Though businesses are developing in Eagle, the City i5 an employment exporter with nearly hall Of the total employable population of Eagle working in either Boise or Menden 2007 COMPREHENSIVE PLAN 5.4 Economic Development Objectives Tp greserkier4 accup/nfe Intanrlty of the Central 9usllness DD s�triict /CC bbl and to encourage business and• industry that have minimal environmental impact to move ' their operations into Eagle. Provide additional economic sustainability to the City of Eagle by encouraging the location of stable employment based industries that bring a balance of residential, recreational and economic values to the City. 2007 COMPREHENSIVE PLAN 5.5 Economic Development Implementation Strategies a. Encourage signage promoting the Centra! Business District b Expand the existing histonc style lighting and beautification efforts Oz. • i/lpi6 Business Central Busess Drsma c Encourage a diversity of uses in the Central Business District d Provide adequate perking for downtown businesses e Encourage the interconnection of pedestnervbikeway systems between the Central Business District and Boise River Greenbeo 1 Seek new Commercial development that he complement to Central Business Disuict and Eagle's rural resdenb8 identity to locate adjacerx to but Aide the Cental Business Distract . �. g Encourage commercial growth adjacent to the Centra! Business District o discourage isolated commercial development in outlying areas. h Promote additional employment opportunities and expand 0I0 a plq by I Encouraging growth and expansion ole and industry. and 2 Attuactng additional business and Industry stria be provided moth adequate commercial SOIVJCBS facilities. 6 6.3.10 Commercial Suitable pornarily tor the development of a wide range of commercial activities including offices, retail and service establishments. Uses should complement uses within the Central Business District (COO). 2007 COMPREHENSIVE PLAN 6.3.11 Central Business District Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core business area of the community. A variety of business, public. quasl•public. cultural. residential and other related uses are encouraged. The greatest possible concentration of retail sales and business is to occur in this land use designation. Pedestrian friendly uses and developments are encouraged. Land within this district requires a CBD zoning designation upon any rezone. !: i. I 1.t Ca 2007 COMPREHENSIVE PLAN 7 CITY of EAGLE DOWNTOWN 8 CITY of EAGLE DOWNTOWN - Existing Conditions CITY of EAGLE DOWNTOWN - Existing Conditions 9 CITY of EAGLE DOWNTOWN - Existing Conditions CITY of EAGLE DOWNTOWN - Existing Conditions TY of EAGLE DOWNTOWN - Existing Conditions 10 CITY of EAGLE DOWNTOWN - Existing Conditions CITY of EAGLE DOWNTOWN - Existing Conditions CITY Of EAGLE DOWNTOWN - Existing Conditions 11 "Need for an Increased Building Heig ECONOMIC DEVELOPMENT FEASIBILITY STUDY COMMITTEE - BwWmg Naght ECONOMIC DEVELOPMENT FEASIBILITY STUDY COMMITTEE - DDA 12 , CO N- VIEW CORRIDORS - Eagle Road VIEW CORRIDORS - Eagle Road 14 15 VIEW CORRIDORS - Eagle Road/ Old State Street 16 VIEVI CORRIDORS - State Street 17 VIEW CORRIDORS - State Street 18 VIEW CORRIDORS - State Strce: VIEW LOOKING EAST (OLD STATE): Existing Conditions 19 VIEW LOOKING EAST (OLD STATE): 3 Story Step -back Concept VIEW LOOKING EAST (OLD STATE): 3 Story Step -back Concept VIEW LOOKING EAST (OLD STATE): Creating Views 20 21 VIEW LOOKING EAST (OLD STATE): Creating Views 22 3 23 24 25 lllllllllllllllllllll lllllll iiILj••• . wir Architectural Style 26 Proposed ODA Boundary and Height Ordinance PROPOSED MODIFICATION to EAGLE CITY CODE SECTION E -2A -6 -C -2a :Height of buildings is restrictedto a maximum height of forty feet (40). Except h M)agj bill}jU�]1? earthen to T four mg encourae mcoen with � th ! Hants herein conFl(d with section 8-2-4 of this chapter, the height requirements herein shall control. In addition to other building design Tpi�io ittgll ter a proposed three story building shall indude C 41 Lif ji@Ll►l 1 desjgn_whipt enhance the aesthetic Quality of any street fadna facade and mitigates the effect of monotonous monolithic building fronts. .f • Proposed Height Ordinance PROPOSED MODIFICATION to EAGLE CITY CODE SECTION 8 -2A -8 -C -2c The design should accommodate the ground floor uses as listed In subsection C2b of this section including residential use. Any use must meet the requirements set forth in section -2- of This chapter except that apartments andlor residential condominiums on floors other than the ground floor shall be a permitted use. For the purposes of this section a single apartment unit andlor residential condominium unit or multiple apartment units afglor re_sigential condominium units may be permitted. Proposed Height Ordinance 27 "Need for an Urban Tree Environment' PROPOSED CITY of EAGLE TREE and PARKING RESOLUTION Section 1* The provisions herein apply to any Design Review application within the DDA (Downtown Development Area) received by the City within one year from approval of this Resolution or for any Design Review application within the DDA which was submitted prior to approval of this Resolulion but which has not yet been acted on by the City Council. Section 2: The provisions within this Resolution shall be revoked for any Design Review application in which a building permit for each and every building, if more than one, has not been obtained from the City within Iwo years of City Council approval of any such Design Review application. Proposed Tree and Parking Resolution 28 30 CO M kms.iltoM CITY of EAGLE DOWNTOWN 34 • Section 4: After receiving a valuation provided by the City arborist, along with considering any additional evidence regarding tree value and development impacts, the City Council will determine tree replacement cost on a case by case basis. However, to stimulate development in the DDA Downtown Development Area, the need to retain existing trees and the tree replacement cost shall be waived by the City Council under the following criteria: a, Trees along the Eagle Drain shall either be retained or shall be subject to the tree replacement cost as shall be determined by the City Council; b. This provision aliowing tree removal in the DDA shall not apply 10 any tree determined by the City Council to be of extraordinary value and historic significance. c. New trees to be planted within the DDA shall be inspected by the City arborist prior to installation to assure that the trees meet the City's standards for quality urban street trees. A tree inspection fee of S10 per r;tre-. s all be require 8 mi i um inspection fee of S57 �E]�LTIT�rt� a� LUTION 'Need for a Strategic Parking Plan" 35 s1 C0 M CITY OF EAGLE P<o.omlc Development leaelblllty Study ECONOMIC DEVELOPMENT FEASIEILt PIIIP PROPOSED CITY of EAGLE TREE and PARKING RESOLUTION Section 3: Eagle City Code Section 8-4-4-3-A-7 allows the Zoning Administrator to permit a maximum reduction in the number of spaces to be provided not exceeding twenty percent (20%) of the sum of the number of spaces required for each use. Therefore, to stimulate development in the DDA Downtown Development Area, any two or three story mixed use developments within theODAshall be permitted a 20% parking reduction by this Resolution. For purposes of this section a mixed use development shall be those with commercial uses on the first floor; residential uses on the second floor if a two story building; commercial and or residential uses on the second floor if a three story building; and residential uses on the third floor. The second or third floor may also Include a restaurant. I. Except for the required covered parking spaces for residential uses, the remaining number of required parking spaces, after the 20% reduction as referenced above, may be substituted for parking in lieu payments as referenced in Eagle City Code Section 8-4-4.5. The first 50% of the remaining required parking spaces shall have the fee waived and the remaining 50% of spac s /sh 11 p y a fe of 5,700 each. L(l ' • • UTION Commercial Property Estimated Square Feat Estimated RentaUsq n Annual Triple Net Income Estimated Cap Rate Estimated Value.Commerclal Residential Estimated Square Feet Estimated Costisq ft Estimated Value -Residential Total Estimated Value Less Current Value 62,000 120 51,260.000 0.07 015,000,000 27.000 5200 00,100.000 823.400.000 (5119.800) Estimated Value for Urban Renewal 822,560.200 Current MITI RaleAll entities 0.0096814130 Estimated Annual a5at for Urban Me I 1211,066 aluatlon 39