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Minutes - 2007 - City Council - 11/15/2007 - Special v EAGLE CITY COUNCIL Special Meeting Minutes November 15,2007 -NO PUBLIC HEARINGS WILL BE HEARD PRIOR TO 7:30 P.M.- I. CALL TO ORDER: Mayor Merrill calls the meeting to order at 6:00 p.m. 2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Makenna Horton leads the Pledge of Allegiance. 4. OATH OF OFFICE FOR DEPUTY CITY CLERKlfREASURER SHERI HORTON: Mayor introduces the issue. Sheri please come up. Sheri has attained the designation of Certified Municipal Clerk from the Intemationallnstitute of Municipal Clerks (IIMC). Mayor swears in Sheri Horton as Deputy City Clerk/Treasurer for the City of Eagle. 5. UNFINISHED BUSINESS:: *These items were continued from the November 7, 2007 meeting. * *The public hearings have been closed on these items. A. CP A-6-07-Citv of Eal!le: The City of Eagle is proposing a Comprehensive Plan Amendment to achieve the following: I) Adoption of the Eagle Foothills Sub-area Plan and associated text and maps; 2) Adoption of Brookside Sub-area Plan and associated text and maps; 3)Update appropriate sections of the existing plan to ensue consistency with the proposed amendments. (NBS) B. CP A-8-06 - ComDrehensive Plan MaD Amendment to desil!nate +/- 2.000 acres of BLM land as Public/Semi-Public: The City of Eagle, is requesting a Comprehensive Plan Amendment to establish a land use designation on the Comprehensive Plan Land Use Map of Public/Semi-Public for the BLM property. The +/- 2,000 acres site is located approximately 'I. mile east of State Highway 16 and directly north of the Fanners Union Canal. (NBS) C. CPA-S-06/Z0A-3-06/A-14-06/RZ-19-06- M3 Eal!le - M3 Eal!le: M3 Eagle, represented by Gerry Robbins, is requesting a Comprehensive Plan Map Amendment to include +/- 6,005 acres into the Eagle Comprehensive Plan designating the following land use and zones: 40 Acres Residential Rural (up to I unit per 5 acres), 1,627 acres Residential Estates (up to I unit per 2 acres), 470 acres Residential One (up to one unit per acre), 670 acres Residential Two (up to two units per acre), 1,250 acres Residential Three (up to 3 units per acre), 670 acres Residential Four (up to four units per acre), 770 acres Village Center, 88 acres Mixed Use, with an annexation with Pre-Annexation Agreement, a rezone with a Development Agreement, Zoning Ordinance Amendment to Eagle City Code Section 8. The 6,005 acre site is generally located north ofthe Fanners Union Canal and Homer Road, east of State Highway 16 and west of Willow Creek Road more specifically described in the meets and bounds description on file with the City of Eagle. (NBS) Comprehensive Plan Map and Text Amendment Only. D. CPA-IO-06 - ComDrehensive Plan MaD Amendment to establish a Desil!nation of Foothills Cluster and Foothills Conservation. Avimor. LLC: Avimor, LLC., represented by Robert Taunton, is requesting a Comprehensive Plan Map Text Amendment to include +/- 23,320 acres into the Eagle Comprehensive Plan designating the following land uses: +/- 7, I 00 acres Foothills Cluster Development (not to exceed 2 units per acre) and +/- 16,220 acres Foothill Conservation Development (I unit per 40 acres). The +/- 23,320-acre site is generally located from Highway 55 on the east to Willow Creek Road via Big Gulch on the west, the northern boundary is approximately five (5) miles north of the Ada/Gem Page] K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC -] t.] 5-07spmin.doc County line, the southern boundary abuts the Connolly and Kastera properties. Specifically described in the meets and bounds description on file at the City of Eagle. (NBS) Mayor introduces the issues. Planner Baird Spencer: Displays overheads and provides an overview of the changes in the comp plan. General discussion. Mayor calls a recess at 6:55 p.m. Mayor reconvenes at 7:27 p.m. Planner Baird Spencer: Displays overheads and continues with her presentation on the changes in the comp plan. General discussion. Mayor and Council discuss the Public Hearing listed on the agenda tonight. Bandy moves to continue the Public Hearing on A-14-06/RZ-19-06/Z0A-3-06 - Annexation, Rezone and Zoning Ordinance Amendment M3 - M3 Companies to the November 20, 2007 City Council meeting. Seconded hy Bastian. ALL AYES: MOTION CARRIES.............. Council concurs that the Council meeting on November 20th will start at 6:00 p.m. Mayor calls a recess at 9:20 p.m. Mayor reconvenes at 9:45 p.m. Planner Baird Spencer: Continues with the presentation. General Discussion. General Council discussion. Guerber: Discusses bring these developments in the City of Eagle's impact area and under the purview of the City of Eagle. General discussion. Bastian moves to continue the foothills comp plan and amendments to the Novemher 20, 2007 City Council meeting. Seconded by Guerber. ALL AYES: MOTION CARRIES.................. Nordstrom moves to go into Executive Session for the discussion of pending and threatened litigation. Seconded by Bastian. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES................... Attorney: Under the new Idaho Code you need to state the litigation. Mayor: The pending and threatened litigation is from Dennis Charney to the City of Eagle regarding the runoff election and his opposition to that. Council goes into Executive Session at 10:50 p.m. Council discusses pending and threatened litigation. Council leaves Executive Session at II: 10 p.m. Bastian moves to authorize the attorney to represent us to defend the lawsuit filed by Dennis Charney. Seconded by Nordstrom. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES................... 6. PUBLIC HEARINGS: A. A-14-06/RZ-19-06/Z0A-3-06 - Annexation. Rezone and Zonin\! Ordninance Amendment M3- M3 ComDanies: The M3 Companies are requesting an Annexation and Rezone from RR (Rural Residential- Ada County Designation) and RP (Rural Preservation-Ada County Designation) to R-I-DA with a Pre-Annexation and Development Agreement for a maximum of 8.160 units and 245 acres of non- residential uses including commercial, office, and mixed use; a Zoning Ordinance Amendment to amend Eagle City Code Section 8-6 "Planned Unit Developments" to allow for the establishment of a M3-PUD zone. The +/- 6,005-acre site is generally located north of the Fanners Union Canal and Homer Road, east of State Highway 16, west of Willow Creek Road, and south of Chaparral Road.. This item was continuedfrom the November /3. 2007 meeting. (WEV) Page 2 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-l1~1)-07spmin.doc Previous continued by Council Motion to the November 20, 2007 City Council meeting. 7. ADJOURNMENT: Nordstrom moves to adjourn. Seconded by Guerber. ALL A YES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11: 15 p.m. ".,........."", .... fi(,AGL[i """ .' O~ .......... tJ...., , .- ...-.:.. ., ~.~.. O'i-ATI!.."-:' :f.......D e. ~ .. ...... ~' .:- : CJ: 0 '" -: : : : u ,. 1.. 6:. 0 : :. h..Y;-:.,...: ... GP...... ..... .- ":. ... e. <; V ........~. 't:t" : "::, -../4'("0.,0\1.:.- ~ .: ;', .......... '" ....... "" Sl'ATE 0".... """....... .,." SHARON K. BERGMANN CITY CLERK/TREASURER A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE CITY HALL Page] K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-ll-15-07spmin.doc CG /,--/c-v-7 BOISE CITY FOOTHILLS POLICY PLAN Goals, objectives and policies for "Land Use and General Development" in the Foothills Planning Area. (continued) GOAL OBJECTIVE POLICIES (continued) Objective 2 remain as private open space, may be used for public trail (continued) easements, or may be dedicated to a public land trust or other group for conservation management purposes. Within the mapped Wildlife Habitat Areas, (See Figure 2 - 1) the open space areas shall be located to form con- tinuous corridors subject to the review and recommenda- tion of the Idaho Department of Fish and Game. 5) Foothills developments shall be reviewed with the following priority considerations depending upon location: a. The Western Foothills (Highway 55 to 36th Street) shall be considered to be the first priority area for development, subject to adequate street capacity and infrastructure. b. The Central Foothills (between 36th Street and 8th Street) shall be developed only to the extent that it can (continued) Figure 1- 2 Base Densities. Density Transfers. and Density Bonus Formula for Open Space Preservation, 1) Base Densities: The base density shall be one unit per 40 acres for all areas designated as buildable (less than 25% slopes) and non -buildable (greater than 25% slopes). 2) Density Credit Transfer: Density credits for non -buildable areas may be transferred to buildable areas at a rate of one unit per 40 acres. 3) Density Bonus: Density Bonuses earned through open space preservation will be in addition to the one unit per 40 acres base density. Density Bonus Formulas Open Space Preservation Within Density Bonus Within Buildable Areas* Buildable Areas 25% .50 units/acre 50% 1.5 units/acre 75% 3.0 units/acre * The transfer of density rights from one parcel to another is allowed and encouraged under this plan. The method of calculating the available density on a given parcel for transfer to another parcel will be detailed in a future implementing ordinance. PAGE 4 GOALS, OBJECTIVES AND POLICIES EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET A-14-06/RZ-19-06/ZOA-3-06 — Annexation, Rezone and Zoning Ordinance Amendment M3 — M3 Companies November 15, 2007 6:00 P.M. NAME ,l2 r f'511 tt )3,see2,<l l? --goo } �IJ� hl►' G ))62 ILo, ('yLrr1. J -vu \ hs& m 7-,/- ADDRESS/ TELEPHONE/E-MAIL f/ CC C'lT�c� u. 444 kg, I 14 711, S'O3s L)1c.c4,4C o/ Po r 4 a_sT ? A -c' 1 (0,., 35, 11/ c / 7)/ply ,13)/e S137/ 17 F4 I f 3sU c/i//; 2c Z' %?c /•-; ✓v• -c v A ;? 3`_ \ \/ t10 TESTIFY YES/NO? PRO/CON 36:16 , , iKC. ;0'6. 11),\-€ 30y7.&(7Y)%7I;( << ., 3 I-) C) ,� i. .� .� 1 h _ .-4rc-esr �(J� c-. En )10 COLL 01 Crvi NAME EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET A-14-06/RZ-19-06/ZOA-3-06 — Annexation, Rezone and Zoning Ordinance Amendment M3 — M3 Companies November 15, 2007 6:00 p.m. ADDRESS/ TESTIFY TELEPHONE/E-MAIL YES/NO? PRO/CON EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET A-14-06/RZ-19-06/Z0A-3-06 — Annexation, Rezone and Zoning Ordinance Amendment M3 — M3 Companies November 15, 2007 6:00 p.m. ADDRESS/ TESTIFY TELEPHONE/E-MAIL YES/NO? PRO/CON