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Agenda - 2017 - City Council - 01/24/2017 - RegularTHE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane January 24, 2017 5:30 p.m. INVOCATION: 1. CALL TO ORDER: 2. ROLL CALL: KUNZ, BASTIAN, PRESTON, SOELBERG 3. PLEDGE OF ALLEGIANCE: 4. 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. 5. PRESENTATIONS: A. Joint presentation from the Eagle Police and Prosecuting Attorney. (SR) B. FY 15/16 Audit Report — Kurt Folke, Quest CPAs, P.C. (SR) 6. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: A. City Staff requests. B. Mayor or City Council requests. 7. 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. Floating Feather Water Main Proiect License Agreement. (KA) C. Appointment to the Eagle Arts Commission: Mayor Ridgeway is requesting Council confirmation of the appointment of Bernard Echanow to the Commission. Mr. Echanow will serving a three (3) year term that will expire in January 2019. (SR) D. Appointment to the Eagle Historic Preservation Commission: Mayor Ridgeway is requesting Council confirmation of the appointment of Erinn Urquiaga to the Commission. Ms. Urquiaga will be serving a three (3) year term that will expire in January 2019. (SR) E. Minutes of January 10, 2017. (SKB) Pagel of 8 CITY COUNCIL AGENDA January 24, 2017 5:30 P.M. F. Findings of Fact & Conclusions of Law for RZ-11-16 — Rezone from MU to MU - DA for a Senior Living Facility — Riverside Senior Development Co. LLC: Riverside SR Development Co. LLC, represented by Tamara Thompson with The Land Group, Inc., is requesting a rezone from MU (Mixed Use) to MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) for a 146 - unit senior living facility. The 6.0 -acre site is generally located southeast of Merrill Park and adjacent to the southern boundary of Merrill Park approximately 250 -feet east of the intersection of East Shore Drive and East Riverside Drive. (WEV) Page 2 of 8 CITY COUNCIL AGENDA January 24, 2017 5:30 P.M. G. EXT -13-16 — Final Plat Extension of Time for Garrigan Estates Subdivision No. 2 — George and Leigh Brecht: George and Leigh Brecht, represented by Shawn Nickel with SLN Planning, are requesting a one (1) year extension of time for the final plat approval 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) H. WA -01-17 — Rear Yard and Side Yard Setback Waiver for Kevin Holtry: Kevin Holtry, represented by Tim Beaudoin, is requesting approval of a rear yard and side yard setback waiver to accommodate structure additions for ADA accessibility. The site is located within Chaumont Subdivision No. 2 at 2147 E. Courtland Drive. (WEV) I. Findings of Fact & Conclusions of Law for FPUD-08-16/FP-15-16 — Final Development Plan and Final Plat for The Preserve Subdivision No. 6 — The Preserve LLC.: The Preserve, LLC., represented by Josh Mann with Engineering Solutions LLP, is requesting final development plan and final plat approvals for The Preserve Subdivision No. 6, a 28 -lot (25 buildable, 3 common), residential subdivision. The 7.97 -acre site is located 0.45 -miles north of State Highway 44 and 0.65 -miles west of North Linder Road. (WEV) 8. UNFINISHED BUSINESS: A. Aiken Street Extension: City Council update and discussion of the preliminary design of the Aikens Street Extension from 1st Street to 2nd Street, including off street parking and sidewalks. (WEV) 9. PUBLIC HEARINGS: Public hearings will not begin prior to 6: 00 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. CPA-01-16/A-07-16/RZ-12-16/PP-07-16 — Tandem Ridge Subdivision — Guy Hendrickson & Greg McVay: Guy Hendrickson/Greg McVay, represented by Shawn Nickel with Rennison Engineering, are requesting a comprehensive plan map amendment to High Density Residential, annexation, rezone from C2 (Community Commercial — Ada County designation) to MU -DA (Mixed Use with development agreement [in lieu of a conditional use permit]), and preliminary plat approvals for Tandem Ridge Subdivision, a 25 -lot (24 buildable, 1 common) single-family residential subdivision. The 1.98 -acre site is located on the east side of North Horseshoe Bend Road approximately 120 -feet south of West Goose Creek Road at 12000 North Horseshoe Bend Road. (WEV) B. RZ-02-03 MOD 3 — Modification to Development Agreement — Steve Peel: Steve Peel, represented by David Sterling with T -O Engineers, is requesting a modification to the rezone development agreement (Instrument No. 106057133) associated with Coast 2 Coast Subdivision (aka Laguna Pointe Subdivision). The request is to modify the commercial uses and building size permitted on Lot 49, Block 1. The 1.51 -acre site is located on Riveredge Drive approximately 260 -feet east of Eagle Road at 112 East Riversedge Drive. (WEV) 10. NEW BUSINESS: Page 3 of 8 CITY COUNCIL AGENDA January 24, 2017 5:30 P.M. A. Ordinance 769: Amending Animal Control Ordinance: An ordinance to correct inconsistencies that were found subsequent to adoption of ordinance 743 pertaining to enforcement. An Ordinance of the City Of Eagle, Ada County, Idaho, Amending Title 4, Chapter 5, Section 4-2, and Providing an Effective Date. (SKB) Page 4 of 8 CITY COUNCIL AGENDA January 24, 2017 5:30 P.M. B. AA -01-17 — Appeal of DR -51-16 - Multi -tenant Retail/Restaurant Building 2 — Hawkins Companies: The City of Eagle, represented by William E. Vaughan, AICP, Zoning Administrator, is appealing the Design Review Board's decision on the above referenced matter in accordance with Eagle City Code (ECC) Section 8-2A-14. Specifically, pursuant to ECC Section 8-2A-14 (3)(a), there is an inconsistency with the required findings specified within subsection 8 -2A -13(B); and pursuant to ECC Section 8-2A-14 (3)(b), there is an inconsistency with the purpose and objectives of this article; and pursuant to ECC Section 8-2A-14 (3)(c), there is a lack of nexus between the requirements of the development agreement and the proposal. PROJECT SUMMARY: Hawkins Companies, represented by Christian Samples, is requesting design review approval to construct a 10,620 -square foot multi -tenant retail/restaurant building. The 0.94 -acre site is located on the east side of South Eagle Road approximately 600 -feet south of East Colchester Drive within Lakemoor Commercial Subdivision (Lot 2, Block 10). (WEV) C. AA -02-17 — Appeal of DR -52-16 — Multi -tenant Retail/Restaurant Building 3 with Drive Through — Hawkins Companies: The City of Eagle, represented by William E. Vaughan, AICP, Zoning Administrator, is appealing the Design Review Board's decision on the above referenced matter in accordance with Eagle City Code (ECC) Section 8-2A- 14. Specifically, pursuant to ECC Section 8-2A-14 (3)(a), there is an inconsistency with the required findings specified within subsection 8 -2A -13(B); and pursuant to ECC Section 8-2A-14 (3)(b), there is an inconsistency with the purpose and objectives of this article; and pursuant to ECC Section 8-2A-14 (3)(c), there is a lack of nexus between the requirements of the development agreement and the proposal. PROJECT SUMMARY: Hawkins Companies, represented by Christian Samples, is requesting design review approval to construct a 10,620 -square foot multi -tenant retail/restaurant building with drive-through. The 0.98 -acre site is located on the east side of South Eagle Road approximately 800 -feet south of East Colchester Drive within Lakemoor Commercial Subdivision (Lot 1, Block 10). (WEV) D. Ada County Transmittal 201602176 -CU — Commercial Riding Arena and Stables — Stephanie Goodman and Joshua Sylce: Stephanie Goodman and Joshua Sylce, represented by Jim Desmond, are requesting the approval of a conditional use permit to operate a commercial riding arena and stables. The 6.08 -acre site is located on the north side of West Beacon Light Road approximately 1,200 -feet east of North Linder Road at 4454 West Beacon Light Road. This site is located in the Eagle Area of Impact. (WEV) 11. 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 any matter, up to and including any subject on the agenda with the exception of Public Hearing items. Comments regarding Public Hearing items need to be made during the open public hearing for said item(s) in accordance with Idaho Code. At times, the City Council may seek comments/opinions regarding specific City matters (excluding Public Hearing items) during this allotted time. Out of courtesy for all who wish to speak, the City Council requests each speaker limit their comments to three (3) minutes. 12. REPORTS: A. Mayor and Council Reports: Page 5 of 8 CITY COUNCIL AGENDA January 24, 2017 5:30 P.M. B. City Hall Department Supervisor Reports: C. City Attorney Report: Page 6 of 8 CITY COUNCIL AGENDA January 24, 2017 5:30 P.M. 13. EXECUTIVE SESSION: §74-206 - 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. I.C. 74-206(l)(c) To acquire interest in real property which is not owned by the agency. Orville and Floy Jackson House 14. ADJOURNMENT: Page 7 of 8 CITY COUNCIL AGENDA January 24, 2017 5:30 P.M. 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 8 of 8 THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane January 24, 2017 5:30 p.m. INVOCATION: 1. CALL TO ORDER: 2. ROLL CALL: KUNZ, BASTIAN, PRESTON, SOELBERG 3. PLEDGE OF ALLEGIANCE: 4. 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. 5. PRESENTATIONS: A. Joint presentation from the Eagle Police and Prosecuting Attorney. (SR) B. FY 15/16 Audit Report — Kurt Folke, Quest CPAs, P.C. (SR) 6. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: A. City Staff requests. B. Mayor or City Council requests. 7. 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. Floating Feather Water Main Proiect License Agreement. (KA) C. Appointment to the Eagle Arts Commission: Mayor Ridgeway is requesting Council confirmation of the appointment of Bernard Echanow to the Commission. Mr. Echanow will serving a three (3) year term that will expire in January 2019. (SR) D. Appointment to the Eagle Historic Preservation Commission: Mayor Ridgeway is requesting Council confirmation of the appointment of Erinn Urquiaga to the Commission. Ms. Urquiaga will be serving a three (3) year term that will expire in January 2019. (SR) E. Minutes of January 10, 2017. (SKB) Page 1 of 4 CITY COUNCIL AGENDA January 24, 2017 5:30 P.M. F. Findings of Fact & Conclusions of Law for RZ-11-16 — Rezone from MU to MU - DA for a Senior Living Facility — Riverside Senior Development Co. LLC: Riverside SR Development Co. LLC, represented by Tamara Thompson with The Land Group, Inc., is requesting a rezone from MU (Mixed Use) to MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) for a 146 - unit senior living facility. The 6.0 -acre site is generally located southeast of Merrill Park and adjacent to the southern boundary of Merrill Park approximately 250 -feet east of the intersection of East Shore Drive and East Riverside Drive. (WEV) G. EXT -13-16 — Final Plat Extension of Time for Garrigan Estates Subdivision No. 2 — George and Leigh Brecht: George and Leigh Brecht, represented by Shawn Nickel with SLN Planning, are requesting a one (1) year extension of time for the final plat approval 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) H. WA -01-17 — Rear Yard and Side Yard Setback Waiver for Kevin Holtrv: Kevin Holtry, represented by Tim Beaudoin, is requesting approval of a rear yard and side yard setback waiver to accommodate structure additions for ADA accessibility. The site is located within Chaumont Subdivision No. 2 at 2147 E. Courtland Drive. (WEV) I. Findings of Fact & Conclusions of Law for FPUD-08-16/FP-15-16 — Final Development Plan and Final Plat for The Preserve Subdivision No. 6 — The Preserve LLC.: The Preserve, LLC., represented by Josh Mann with Engineering Solutions LLP, is requesting final development plan and final plat approvals for The Preserve Subdivision No. 6, a 28 -lot (25 buildable, 3 common), residential subdivision. The 7.97 -acre site is located 0.45 -miles north of State Highway 44 and 0.65 -miles west of North Linder Road. (WEV) 8. UNFINISHED BUSINESS: A. Aiken Street Extension: City Council update and discussion of the preliminary design of the Aikens Street Extension from 1st Street to 2nd Street, including off street parking and sidewalks. (WEV) 9. PUBLIC HEARINGS: Public hearings will not begin prior to 6: 00 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. CPA-01-16/A-07-16/RZ-12-16/PP-07-16 — Tandem Ridge Subdivision — Guy Hendrickson & Greg McVay: Guy Hendrickson/Greg McVay, represented by Shawn Nickel with Rennison Engineering, are requesting a comprehensive plan map amendment to High Density Residential, annexation, rezone from C2 (Community Commercial — Ada County designation) to MU -DA (Mixed Use with development agreement [in lieu of a conditional use permit]), and preliminary plat approvals for Tandem Ridge Subdivision, a 25 -lot (24 buildable, 1 common) single-family residential subdivision. The 1.98 -acre site is located on the east side of North Horseshoe Bend Road approximately 120 -feet south of West Goose Creek Road at 12000 North Horseshoe Bend Road. (WEV) Page 2 of 4 CITY COUNCIL AGENDA January 24, 2017 5:30 P.M. B. RZ-02-03 MOD 3 — Modification to Development Agreement — Steve Peel: Steve Peel, represented by David Sterling with T -O Engineers, is requesting a modification to the rezone development agreement (Instrument No. 106057133) associated with Coast 2 Coast Subdivision (aka Laguna Pointe Subdivision). The request is to modify the commercial uses and building size permitted on Lot 49, Block 1. The 1.51 -acre site is located on Riveredge Drive approximately 260 -feet east of Eagle Road at 112 East Riversedge Drive. (WEV) 10. NEW BUSINESS: A. Ordinance 769: Amending Animal Control Ordinance: An ordinance to correct inconsistencies that were found subsequent to adoption of ordinance 743 pertaining to enforcement. An Ordinance of the City Of Eagle, Ada County, Idaho, Amending Title 4, Chapter 5, Section 4-2, and Providing an Effective Date. (SKB) B. AA -01-17 — Appeal of DR -51-16 - Multi -tenant Retail/Restaurant Building 2 — Hawkins Companies: The City of Eagle, represented by William E. Vaughan, AICP, Zoning Administrator, is appealing the Design Review Board's decision on the above referenced matter in accordance with Eagle City Code (ECC) Section 8-2A-14. Specifically, pursuant to ECC Section 8-2A-14 (3)(a), there is an inconsistency with the required findings specified within subsection 8 -2A -13(B); and pursuant to ECC Section 8-2A-14 (3)(b), there is an inconsistency with the purpose and objectives of this article; and pursuant to ECC Section 8-2A-14 (3)(c), there is a lack of nexus between the requirements of the development agreement and the proposal. PROJECT SUMMARY: Hawkins Companies, represented by Christian Samples, is requesting design review approval to construct a 10,620 -square foot multi -tenant retail/restaurant building. The 0.94 -acre site is located on the east side of South Eagle Road approximately 600 -feet south of East Colchester Drive within Lakemoor Commercial Subdivision (Lot 2, Block 10). (WEV) C. AA -02-17 — Appeal of DR -52-16 — Multi -tenant Retail/Restaurant Building 3 with Drive Through — Hawkins Companies: The City of Eagle, represented by William E. Vaughan, AICP, Zoning Administrator, is appealing the Design Review Board's decision on the above referenced matter in accordance with Eagle City Code (ECC) Section 8-2A- 14. Specifically, pursuant to ECC Section 8-2A-14 (3)(a), there is an inconsistency with the required findings specified within subsection 8 -2A -13(B); and pursuant to ECC Section 8-2A-14 (3)(b), there is an inconsistency with the purpose and objectives of this article; and pursuant to ECC Section 8-2A-14 (3)(c), there is a lack of nexus between the requirements of the development agreement and the proposal. PROJECT SUMMARY: Hawkins Companies, represented by Christian Samples, is requesting design review approval to construct a 10,620 -square foot multi -tenant retail/restaurant building with drive-through. The 0.98 -acre site is located on the east side of South Eagle Road approximately 800 -feet south of East Colchester Drive within Lakemoor Commercial Subdivision (Lot 1, Block 10). (WEV) D. Ada County Transmittal 201602176 -CU — Commercial Riding Arena and Stables — Stephanie Goodman and Joshua Sylce: Stephanie Goodman and Joshua Sylce, represented by Jim Desmond, are requesting the approval of a conditional use permit to operate a commercial riding arena and stables. The 6.08 -acre site is located on the north Page 3 of 4 CITY COUNCIL AGENDA January 24, 2017 5:30 P.M. side of West Beacon Light Road approximately 1,200 -feet east of North Linder Road at 4454 West Beacon Light Road. This site is located in the Eagle Area of Impact. (WEV) 11. 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 any matter, up to and including any subject on the agenda with the exception of Public Hearing items. Comments regarding Public Hearing items need to be made during the open public hearing for said item(s) in accordance with Idaho Code. At times, the City Council may seek comments/opinions regarding specific City matters (excluding Public Hearing items) during this allotted time. Out of courtesy for all who wish to speak, the City Council requests each speaker limit their comments to three (3) minutes. 12. REPORTS: A. Mayor and Council Reports: B. City Hall Department Supervisor Reports: C. City Attorney Report: 13. EXECUTIVE SESSION: §74-206 - 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. I.C. 74-206(l)(c) To acquire interest in real property which is not owned by the agency. Orville and Floy Jackson House 14. 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. Page 4 of 4