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Agenda - 2008 - City Council - 11/12/2008 - Special THE CITY OF EAGLE CITY COUNCIL Special Meeting Agenda Eagle City Hall, 660 E. Civic Lane November 12,2008 7:30 P.M. The purpose of the agenda is to assist the Council and interested citizens in the conduct of the public meeting. Careful review of the agenda is encouraged. Testimony from the public will be solicited for any item or issue listed under the category of Public Hearings. Any individual who wishes to address the Council on any other subject not on the agenda should plan to speak when Item 4: Public Comments is identified_by the Mayor. The Mayor will not normally allow audience participation at any other time. PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. Eagle Star Tech Corridor discussion - Teri Bath 2. Discussion of proposed Transparency Resolution. 3. Mayor and Council Report: 4. City Clerk/Treasurer Report: 5. Zoning Administrator Report: 6. Public Works Director Report: 7. City Attorney Report: REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: GUERBER, SHOUSHT ARlAN, HUFFAKER, SEMANKO. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT: 5. CONSENT AGENDA: . Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. . Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Claims Against the City. B. A Proclamation declaring November 10-14,2008 to be Idaho Nonprofit Week. (PB) e. Findines of Fact and Conclusions of Law for RZ-24-06 MOD2 - Eaele Gateway Development. LLC: Eagle Gateway Development, LLC, is requesting a modification to the rezone development agreement associated with the Eagle Gateway South Subdivision. The 56.86-acre site is generally located is located on the southeast corner of State Highway 44 and E. Riverside Drive at 1650 E. Riverside Drive. (MJW) D. Findines of Fact and Conclusions of Law for A-04-08/RZ-09-08 & PP-04-08 - Annexation/Rezone & Preliminary Plat for Sprinehaven Subdivision - Beacon Lieht Homestead. LLC: Beacon Light Homestead, LLC, represented by Matt Smith, is requesting an annexation and rezone from RUT (Rural-Urban Transition - Ada County designation) to R-E-DA (Residential- Estates, one unit per two acres with a development agreement) and preliminary plat approval for Springhaven Subdivision an 8-lot (6- buildable, 2-common) residential subdivision. The 14.36-acre site is generally located on the south side of East Beacon Light Road approximately 1,984-feet east of the intersection of North Eagle Road and East Beacon Light Road at 671 East Beacon Light Road. (MJW) Page 1 of3 K:\COUNCIL\AGENDA\Temporary Agenda Work Area\CC-II-12-08spag.doc CITY COUNCIL AGENDA November 12,2008 7:30 P.M. E. Findines of Fact and Conclusions of Law for RZ-19-05 MODI - Modification to Development Aereement - (Lonesome Dove Subdivision). Lonesome Dove. LLC: Lonesome Dove, LLC, represented by Chad Longson is requesting a modification to the development agreement associated with the Lonesome Dove Subdivision. The 41.20-acre site is generally located on the southwest comer of Riverside Drive and State Street at 1505 Riverside Drive. (MJW) F. Findines of Fact and Conclusions of Law for RZ-08-03 MOD - Eaele Island Crossine. LLC: Eagle Island Crossing, LLC, represented by Kammie Oates with Horrocks Engineers, is requesting a modification to the rezone development agreement ( instrument No. 10 5 007 541) to add "restaurant with drive thru" (specifically one of the following: coffee, yogurt/ice cream, or sandwich shop) as a "P" permitted use within Arts West Subdivision (aka Symphony Subdivision), a 21-lot (17-commercial, I-access and 3- common) mixed use subdivision. The 16.05-acre site is generally located 1,320 feet east ofN. Park Lane on the north side of State Highway 44 at 3300 & 3450 W. State Street and 3415 W. Flint Drive. (MJW) G. Minutes of October 28, 2008. H. Gibbons Scott & Dean Auditor Contract for Fiscal Year 07-08 audit services: (SKB) 1. Approval of Open Access Aereement with City of Boise: (RB) 6. UNFINISHED BUSINESS: A. RZ-20-07 MOD- Jeoffrey and Colette Nybore: Jeoffrey and Colette Nyborg, represented by Shawn Nickel with SLN Planning Inc., are requesting a modification to the rezone development agreement of Conditions of Development # 3.4 to remove the requirement to re-subdivide the existing lot and allow an administrative parcel division. The 4.73-acre site is generally located on the northeast corner ofN. Ballantyne Lane and Hereford Drive within Bakers Acres Subdivision at 660 N. Ballantyne Lane. This item was continuedfrom the October 14, 2008 meeting. (MJW) B. State Street Transit Oriented Development Memorandum of Under stan dine (MOU) This item was continuedfrom the October 28, 2008 meeting. C. M3 Aereement supportine the City's R&PP application to the BLM and all other costs incurred by the City for administerine their development aereement. This item was continuedfrom the October 28, 2008 meeting. The applicant and staff are requesting this item be continued to the December 9, 2008 meeting. (SEB) D. Discussion of proposed Transparency Resolution: 7. PUBLIC HEARINGS: A. CPA-05-08/A-3-03/RZ-08-08 - Comprehensive Plan Map & Text Amendment from Mixed Use and Professional Office to Commercial. Annexation and Rezone with Pre- annexation/Development Aereement - Eisenbere Company: Eisenberg Company, represented by Van Elg of The Land Group, Inc., is requesting a Comprehensive Plan Map and Text Amendment to change the land use designation on the Comprehensive Plan Future Land Use Map from +1- 31.4 acres Mixed Use and +1- 4.4 acres Professional Office to Commercial and amend the language in the Rim View Planning Area, an annexation and rezone with Pre- Annexation/Development Agreement for +1- 38.34 acres with a zoning designation ofC-3-DA (Highway Business District with a Development Agreement). The +1- 38.34-acre site is located at the northeast corner of Linder Road and Chinden Boulevard (US 20/26). Public testimony will be limited to the items noticed and published by the City. The applicant and staff are requesting this item be continued to the December 9, 2008 meeting. (NBS) 8. NEW BUSINESS: A. Ordinance No. 613 - Voet Property: An Ordinance Annexing Certain Real Property Situated In The Unincorporated Area Of Ada County, Idaho, And Contiguous To The Corporate Limits Of The City Of Eagle, To The City Of Eagle, Idaho; Establishing The Zoning Classification Of Said Page 2 of3 K:\CQUNCILIAGENDA\Temporary Agenda Work Area\CC-11-12-08spag.doc CITY COUNCIL AGENDA November 12, 2008 7:30 P.M. Real Property Described Herein; Amending The Zoning Map Of The City Of Eagle To Reflect Said Changes; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And Providing An Effective Date. (MJW) B. Ordinance No. 615 - Ritchie Property (Spoons): An Ordinance Changing The Zoning Classification Of The Real Property Described Herein From R-4 (Residential- Up To Four Dwelling Units Per Acre) Classification To CBD-DA (Central Business District With Development Agreement) Classification; Amending The Zoning Map Of The City Of Eagle To Reflect Said Change; And Providing An Effective Date. (MJW) C. PD-OI-08 - Parcel Division - Julie Harrison: Julie Harrison and Janet Flaherty, represented by Michael Harrison, are requesting approval of a parcel division for the creation of two parcels. The 4.95 - acre site is located approximately 1319' north of W. Floating Feather Road on the west side ofN. Meridian Road at 1651 and 1655 N. Meridian Road. 9. ADJOURNMENT: NOTE: The City will make reasonable accommodations for anyone attending this meeting who require special assistance for hearing, physical or other impairments. Please contact the City Clerk's Office at (208) 939-6813 at least 24 hours in advance of the meeting date and time. Page 3 of3 K:ICQUNCILIAGENDAITemporary Agenda Work AreaICC-11-12-08spag.doc