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Agenda - 2015 - City Council - 12/15/2015 - SpecialTHE CITY OF EAGLE CITY COUNCIL Special Meeting Agenda Eagle City Hall, 660 E. Civic Lane December 15, 2015 5:00 p.m. Page 1 of 4 cc-12-15-15spag Note: EARLY START TIME 5:00 p.m. PUBLIC HEARINGS WILL NOT BEGIN PRIOR TO 6:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: BUTLER, MCFARLAND, KUNZ, RIDGEWAY 3. PLEDGE OF ALLEGIANCE: 4. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA 5. PUBLIC COMMENT: This time is reserved for the public to address their elected officials regarding concerns or comments they would like to provide to the City Council regarding subjects not on the agenda. At times, the City Council may seek comments/opinions regarding specific City matters during this allotted time. This is not the time slot to give formal testimony on a public hearing matter, or comment on a pending application or proposal. Out of courtesy for all who wish to speak, the City Council requests each speaker limit their comments to three (3) minutes. 6. 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. Resolution No. 15-31: A resolution of the City of Eagle, Idaho, establishing an elected official email policy; and providing an effective date. C. Minutes of November 10, 2015. D. Minutes of November 17, 2015. E. Volunteer of the Month Proclamation – A proclamation recognizing December 16, 2015 as Pamela Kelch Day in the City of Eagle, Idaho. F. Findings of Fact and Conclusions of Law for RZ-01-15 MOD & PP-01-15 MOD – Liberty Park Subdivision (aka Warrior Park Subdivision) – Liberty Park, LLC: Liberty Park, LLC, represented by Nancy Merrill, is requesting a development agreement modification and preliminary plat modification to the previously approved Liberty Park Subdivision to account for a one lot reduction. The modified plat includes 21-lots (14-residential, 2-commercial, and 5-common). The 3.79-acre site is generally located on W. Flint Drive at the southeast corner of W. Flint Drive and N. Park Lane. (WEV) G. Findings of Fact and Conclusions of Law for CPA-01-15/A-01-15/RZ-04-15 – Linder Crossing – LR5, LLC: LR5, LLC represented by Shawn Nickel of SLN Planning, is requesting, a Comprehensive Plan Text Amendment to amend the density language for the “Rim View Planning Area”, and a Comprehensive Plan Map Amendment to change the future land use map designation from Transitional Residential to Mixed Use, and annexation and rezone from RUT (Residential Urban Transition – Ada County Designation) to MU-DA (Mixed Use with a development agreement [in lieu of a conditional use permit]). The applicant is proposing two (2) development options for the project. Option #1:Multi-family development consisting of 10-buildings (nine [9]-multi-family buildings containing 100-units and one [1] club house), 10-single-family homes, and two (2)-commercial buildings, CITY COUNCIL Special Meeting December 15, 2015 5:00 P.M. Page 2 of 4 cc-12-15-15spag including a height exception to thirty-nine feet, two inches (39’2”). Option #2:Multi-family development consisting of 11-buildings (10-multi-family buildings containing 148-units and one [1] club house) including a height exception to thirty-nine feet, two inches (39’2”). The 11.13-acre site is located on the east side of N. Linder Road approximately 1,300 feet north of the intersection of Chinden Road and Linder Road at 6940 & 6910 N. Linder Road. (WEV) H. Final Plaza Drive Landscape Design and Cost Estimate - Communities in Motion (CIM) Plaza Drive Grant: (NBS) I. Master Street Map Comments to Ada County Highway District: (NBS) J. Resolution 16-01 – Declaration of surplus property. (SKB) 7. UNFINISHED BUSINESS: A. Review and Action on Eagle Master Park and Pathway Plan with requested changes: (MA) B. Resolution 15-27 – One Year Moratorium on Business License Requirement: A resolution of the City of Eagle, Idaho, declaring Title 3, Chapter 1 of the Eagle City Code to be in a moratorium for a period not to exceed 365 days; and providing for effective date. (CDM) 8. SERVICE RECOGNITION: (est. 6:30 p.m.) A. Volunteer of the Month – December: The City of Eagle recognizes the importance of volunteerism and is taking a moment to thank those who selflessly give of themselves to the community. A plaque will be displayed in the lobby recognizing these outstanding volunteers. 1. Pam Kelch: Pam Kelch has been a volunteer for the Eagle Historical Museum for 6 years and has been an integral part of the volunteer staff. Pam has put in countless hours over the years, helping with archives, displays, and museum sponsored events. Pam and her husband, Steve, moved to Eagle from California after they both retired from their careers as police officers. Pam is also an active member of the Assistant League of Boise and enjoys volunteering her time to help others in need. The City of Eagle in indebted to Pam for her dedication and service. As a volunteer she does this from her heart, expecting nothing in return. Her tireless spirit and giving attitude are what helps our City grow. B. 1st Annual Shining Star Award 2015: This award honor an individual or group who have made in-depth, long-term volunteer contributions to the City of Eagle over the years and are active, involved, interested and enthusiastic about making the City a nice place to live and work. 1. Don Stockton: The inaugural presentation of this award is given to Don Stockton. Don has been involved in the enhancement and expansion of the Eagle Park and Pathway system for over twenty years. Prior to his retirement, Don worked for the Idaho Department of Lands and was able to translate his professional expertise into an invaluable asset to the people of Eagle. From his participation in the initial design of Reid W. Merrill, Sr. Park to pathway easement identification - Don has volunteered hundreds of hours to the community he calls home. Thank you for your helping make Eagle a great place to live– you are truly a Shining Star to us! C. BAMBA would like to recognize the City for its support of biking in Eagle. (MM) 9. PUBLIC HEARINGS: Public hearing items will not be heard prior to 6:30 p.m. Public Hearings are legally noticed 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. A. CU-11-15 – Conditional Use Permit - Coleman Homes, LLC: Coleman Homes, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting conditional use permit approval for a waiver to reduce the front and rear setbacks on Lots 29-35, Block 11, The Preserve Subdivision No. 5. The Preserve Planned Unit Development is generally located 650- feet west of Linder Road and north of State Highway 44. (WEV) CITY COUNCIL Special Meeting December 15, 2015 5:00 P.M. Page 3 of 4 cc-12-15-15spag B. A-04-15/RZ-09-15 & PP/FP-01-15 – Garrigan Estates Subdivision No. 2 – George and Leigh Brecht: George and Leigh Brecht, represented by Shawn L. Nickel with SLN Planning, LLC, is requesting an annexation, rezone from RR (Rural Residential) to RE-DA (Residential Estates with a development agreement) and combined preliminary and final plat approvals for Garrigan Estates Subdivision No. 2, a 4-lot (3-buildable, 1-non-buildable) residential subdivision. The 15.9-acre site is located on the north side of West Homer Road approximately 1,950-feet west of the intersection of West Homer Road and North Linder Road. (WEV) C. PP-09-15 - Crestpoint Place Subdivision - Northside Management: Northside Management, represented by Scott Noriyuki, is requesting a preliminary plat approval for Crestpoint Place Subdivision, a 52-lot (43-buildable and 9-common) residential subdivision. The 7.74-acre site is located on the west side of South Edgewood Lane approximately 1,290-feet north of East State Street at 103 South Edgewood Lane. C.1 RZ-03-15 MOD – Modification to Development Agreement associated with the 43-unit residential development (aka Crestpoint Place Subdivision PP-09-15) – JLG-5, LLLP.: JLG-5, LLP, represented by Scott Noriyuki with Northside Management, is requesting a development agreement modification (development agreement in lieu of a PUD) to modify Condition of Development #3.8 to permit the applicant to file an alternative method of compliance application to seek a reduction in the required landscape buffer area width from 35-feet to 20-feet. The buffer area is located within the common lot adjacent to Edgewood Lane. The 7.74-acre site is located on the west side of S. Edgewood Lane approximately 1,290-feet north of E. State Street at 103 S. Edgewood Lane. This development agreement modification application (rezone) is associated with the preliminary plat for Crestpoint Place Subdivision, a 43-unit (42-new and 1-existing, 5.42 unit per acre) residential development. The rezone and development agreement application (in lieu of PUD) was approved by the City Council in advance of the subdivision preliminary plat. (WEV) D. CPA-04-15/RZ-07-15/PP-04-15 – Stillwater Subdivision – Next Level Development, LLC: Next Level Development, LLC, represented by Kevin McCarthy, is requesting a Comprehensive Plan text amendment, rezone from BP-DA (Business Park with a development agreement) to MU-DA (Mixed Use with a development agreement in lieu of a PUD) and preliminary plat approvals for Stillwater Subdivision, a 94-lot (60-residential, 12-live/work, 11-commercial, 1- flex, 10-common) subdivision. The 39.7-acre site is located on the south side of State Highway 44 at the southwest corner of West State Street and State Highway 44. E. CPA-05-15/RZ-11-15 – East End Marketplace – TPC Commercial, LLC: TPC Commercial, LLC, represented by Shawn Nickel, is requesting a Comprehensive Map Amendment from Mixed Use to Commercial and a rezone from BP (Business Park) to MU-DA (Mixed Use with a development agreement [in lieu of a Conditional Use Permit]) and C-2 (General Business District) to develop a 48-unit senior apartment building and commercial area consisting of retail, financial, and restaurant uses with drive-thrus. The 15.55-acre site (consisting of seven parcels) is generally located on the west side of South Edgewood Lane between State Highway 44 and East State Street inclusive of 1601, 1782, and 1794 East McGrath Road. (WEV) F. RZ-14-06 MOD3 – Development Agreement Modification – Riverside Drive Eagle, LLC: Riverside Drive Eagle, LLC, represented by Penny Dennis with ESI, is requesting a development agreement modification to the previously approved development agreement for the 24.6-acre (approx.) development known as The Lofts at Eagle River. A portion of The Lofts at Eagle River (18.6-acres approx.) became known as Eagle Lofts Subdivision (aka Watermark Subdivision). The remaining portion of the development (6-acres approx.) became River’s Edge Apartments. This development agreement modification is to create a stand-alone development agreement for the 6-acre River’s Edge Apartment site and to request modified setbacks. The site is located on the south side of East Riverside Drive approximately 300-feet east of East Shore Drive at 827 East Riverside Drive. (WEV) CITY COUNCIL Special Meeting December 15, 2015 5:00 P.M. Page 4 of 4 cc-12-15-15spag G. Public Hearing for Land Use fees & deposit requirement Legal notice is hereby given that the Eagle City Council will hold a public hearing November 17, 2015, at 6:30 P.M. at Eagle City Hall, 660 E. Civic Lane, Eagle, ID. The purpose of the hearing is to consider changes to Eagle City Code 1-7-4: Fee Schedule for Land Use Planning Actions and proposed Planning, Engineer and Attorney fees and deposits, which may exceed 105% of the prior fees, and explain reasons for such fees. This item was continued from the November 17, 2015 meeting. G.1 *Ordinance No. 747 – Amending Eagle City Code 1-7-4 fee schedule for land use planning actions – first reading: An ordinance of the City of Eagle, Idaho, amending section 1-7-4, Eagle City Code, to establish a payments and deposit system for direct costs for land use actions provide for annual salaries for the mayor and council, and providing effective date. *Not a public hearing item. G.2. Resolution 15-28 – Land Use Planning Fee Schedule: A resolution adopting a fee schedule pursuant to section 1-7-4 of the Eagle City Code, to provide for the establishment by resolution of fees for land use planning actions; and providing for effective date. G.3. *Resolution 15-29 – Fiscal Policy for fee collection: A resolution of the City of Eagle, Idaho, establishing a fiscal policy for the collection and enforcement of deposits and fees for land use planning actions, and providing an effective date. *Not a public hearing item. 10. NEW BUSINESS: A. Canvas Votes for 2015 General Election: Acceptance of November 3, 2015 election results as canvassed by the Ada County Commissioners: [I.C. §50-412] 11. EXECUTIVE SESSION: §74-206 (1). Executive sessions -- When authorized. (1) An executive session at which members of the public are excluded may be held, but only for the purposes and only in the manner set forth in this section. The motion to go into executive session shall identify the specific subsections of this section that authorize the executive session. There shall be a roll call vote on the motion and the vote shall be recorded in the minutes. An executive session shall be authorized by a two-thirds (2/3) vote of the governing body. An executive session may be held: A. Pending & Threatened Litigation: 74-206 (1) (f) - Laguna Pointe litigation: To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement; 12. ADJOURNMENT: 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.