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Agenda - 2017 - City Council - 03/28/2017 - RegularTHE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane March 28, 2017 5:30 p.m. Page 1 of 3 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. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: A. City Staff requests. B. Mayor or City Council requests. 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. Minutes of March 9, 2017 Special Joint Meeting. (SH) C. Minutes of March 6, 2017 Special Joint Meeting. (WEV) D. Resolution 17-07: Fair Housing Resolution declaring the April as Fair Housing Month in the City of Eagle. (SKB) E. FP-13-16 – Final Plat for Overton Acres – Kouba Homes: Kouba Homes, represented by Donna Ahmed with Tealey’s Land Surveying, is requesting final plat approval for Overton Acres, a 6-lot (4-buildable, 1-common, 1-private road) residential subdivision. The 4.66-acre site is located approximately 1,200-feet north of the intersection of South Locust Grove Road and East Chinden Boulevard at 3145 South Locust Grove Road. (WEV) F. FPUD-01-17/FP-04-17 – Final Development Plan and Final Plat for Lilac Springs Subdivision No. 2 – Toll ID, LLC: Toll ID, LLC, represented by Shari Stiles with Engineering Solutions, LLP, is requesting final development plan and final plat approvals for Lilac Springs Subdivision No. 2, a 39-lot (35 buildable, 4 common) residential subdivision. The 16.36-acre site is located at the northwest corner of West Floating Feather Road and North Lanewood Road at 5926 West Floating Feather Road. (WEV) G. Findings of Fact & Conclusions of Law for A-09-16 & RZ-15-16 – Annexation and Rezone from RUT (Rural-Urban Transition – Ada County designation) and A-R (Agricultural- Residential) to MU-DA (Mixed Use with a Development Agreement) – Ed Chaney: Ed Chaney, represented by Kirsti Grabo with KM Engineering, LLP, is requesting an annexation and rezone from RUT (Rural-Urban Transition – Ada County designation) and A-R (Agricultural-Residential) to MU-DA (Mixed Use with a development agreement). The 6.58- acre site is located on the south side of State Highway 44, approximately 1,690-feet west of the intersection of West State Street and State Highway 44 at 2811West State Street. (WEV) CITY COUNCIL AGENDA March 28, 2017 5:30 P.M. Page 2 of 3 H. Findings of Fact & Conclusions of Law for RZ-23-07 MOD2 – Development Agreement Modification – Terra View, LLC: Terra View, LLC, represented by Justin Martin, is requesting a development agreement modification (Instrument #112020312) associated with the MU-DA (Mixed Use with a development agreement in lieu of a PUD) zoning classification for the Terra View development, a mixed use development including +/- 231.7 acres of residential use (single-family and multi-family units) and +/- 55.9 acres of commercial uses. The applicant is requesting a modification regarding the timing of submittal of a preliminary plat appli cation. The 287.6-acre site is located at the Northeast corner of Beacon Light Road and State Highway 16. (WEV) I. Plaza Drive Extension Task Order 17-01 with Baer Design Group, LLC. for Construction and Warranty Management: Request for approval of the Plaza Drive Extension Task Order 17-01 with Baer Design Group, LLC. for construction management, inspection, and warranty maintenance for the landscape, irrigation, lighting and concrete work associated with the City of Eagle’s portion of the Plaza Drive extension. Contract is to be billed hourly at a rate of $70/hour with a not to exceed amount of $15,000 from March 2017 through the 1-year warranty period at the time of project completion by ACHD. (WEV) J. Eagle Employee-Student In-Service Education Program Agreement: In accordance with Resolution No. 06-31, Alana Dunn, Eagle Historical Museum Curator, is requesting to apply for tuition and registration fees in association with an undergraduate degree in Art History at Arizona State University. (SR & SKB) K. Minutes of March 14, 2017. (SKB) 7. UNFINISHED BUSINESS: NONE 8. 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. RZ-02-03 MOD3 – 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 associated with Lot 49, Block 1, within Coast 2 Coast Subdivision (aka Laguna Pointe Subdivision) to modify the permitted commercial uses and building size allowances. The 1.51-acre site is located on Riversedge Drive approximately 260-feet east of Eagle Road at 112 East Riversedge Drive. This item was continued from the February 28, 2017, City Council Meeting. (WEV) B. RZ-16-16/PP-10-16 – Larkin Village Subdivision – Paradigm Construction – Jim Larkin: Paradigm Construction – Jim Larkin, represented by Joe Pachner with KM Engineering, LLP, is requesting a rezone from MU (Mixed Use) to MU-DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) and preliminary plat approvals for Larkin Village Subdivision, a 17-lot (11 residential, 1 commercial, 4 common, and 1 private street) subdivision. The 1.55-acre site is located on the south side of East State Street approximately 115-feet east of South Golden Eagle Lane at 1301 East State Street. (WEV) C. CPA-02-16/RZ-14-16/CU-08-16/PPUD-03-16/PP-08-16 – VaLynn Subdivision – Roth Homes: Roth Homes, represented by Mark Butler with Land Consultants, Inc., is requesting a comprehensive plan map amendment from Residential Four to Residential Five, a rezone from R-4 (Residential) to R-5-DA-P (Residential with a development agreement – PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for VaLynn Village Subdivision, a 28-lot (23 buildable, 5 common) residential planned unit development. The 4.64-acre site is located at the terminus of West Cowman Court and South Grandean Way at 701 West Cowman Court. (WEV) CITY COUNCIL AGENDA March 28, 2017 5:30 P.M. Page 3 of 3 9. NEW BUSINESS: A. Ordinance 772 - Amending Title 2 – Chapter 6 Eagle Arts Commission: An Ordinance of the City of Eagle, Ada County Idaho amending Eagle City Code Title 2 “Boards and Commissions”, Chapter 6 “Eagle Arts Commission”, Section 2-6-3 providing a severability clause; and providing an effective date. (SR) B. Ordinance 773 – Amending Title 1 Chapter 6 City Officers and Employees: An ordinance of the City of Eagle, Ada County Idaho amending Eagle City Code Title 1 “Administration”, Chapter 6 “City Officers and Employees”, Section 1 “Appointment of Officers”; and providing a severability clause; and providing an effective date. (SR) C. AA-03-17 – Appeal of Design Review Application DR-02-17 for Williamson River Ranch Subdivision: 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. Staff is requesting City Council review and consideration of the design and alignment specifications of the 10-foot wide public pathway that generally runs along the northern and eastern portion of the site. PROJECT SUMMARY: Williamson River Ranch, LLC, represented by Tamara Thompson with The Land Group, Inc., is requesting design review approval for the common area landscaping, pool, and pool house (2,175- square feet) within Williamson River Ranch Subdivision. The 74.32-acre site is located at the eastern terminus of East Island Woods Drive. (WEV) 10. 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. 11. REPORTS: A. Mayor and Council Reports: B. City Hall Department Supervisor Reports: C. City Attorney Report: 12. 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(1)(c) To acquire interest in real property which is not owned by the agency. 1. Orville and Floy Jackson House 13. ADJOURNMENT: The City will make reasonable accommodations for anyone attending this meeting who require special assis tance 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. THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane March 28, 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. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: A. City Staff requests. B. Mayor or City Council requests. 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. Minutes of March 9, 2017 Special Joint Meeting. (SH) C. Minutes of March 6, 2017 Special Joint Meeting. (WEV) D. Resolution 17-07: Fair Housing Resolution declaring the April as Fair Housing Month in the City of Eagle. (SKB) E. FP -13-16 — Final Plat for Overton Acres — Kouba Homes: Kouba Homes, represented by Donna Ahmed with Tealey's Land Surveying, is requesting final plat approval for Overton Acres, a 6 -lot (4 -buildable, 1 -common, 1 -private road) residential subdivision. The 4.66 -acre site is located approximately 1,200 -feet north of the intersection of South Locust Grove Road and East Chinden Boulevard at 3145 South Locust Grove Road. (WEV) F. FPUD-01-17/FP-04-17 — Final Development Plan and Final Plat for Lilac Springs Subdivision No. 2 — Toll ID, LLC: Toll ID, LLC, represented by Shari Stiles with Engineering Solutions, LLP, is requesting final development plan and final plat approvals for Lilac Springs Subdivision No. 2, a 39 -lot (35 buildable, 4 common) residential subdivision. The 16.36 -acre site is located at the northwest corner of West Floating Feather Road and North Lanewood Road at 5926 West Floating Feather Road. (WEV) G. Findings of Fact & Conclusions of Law for A-09-16 & RZ-15-16 — Annexation and Rezone from RUT (Rural -Urban Transition — Ada County designation) and A -R (Agricultural - Residential) to MU -DA (Mixed Use with a Development Agreement) — Ed Chaney: Ed Chaney, represented by Kirsti Grabo with KM Engineering, LLP, is requesting an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) and A -R (Agricultural -Residential) to MU -DA (Mixed Use with a development agreement). The 6.58 - acre site is located on the south side of State Highway 44, approximately 1,690 -feet west of the intersection of West State Street and State Highway 44 at 2811West State Street. (WEV) Pagel of 3 CITY COUNCIL AGENDA March 28, 2017 5:30 P.M. H. Findings of Fact & Conclusions of Law for RZ-23-07 MOD2 — Development Agreement Modification — Terra View, LLC: Terra View, LLC, represented by Justin Martin, is requesting a development agreement modification (Instrument 4112020312) associated with the MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning classification for the Terra View development, a mixed use development including +/- 231.7 acres of residential use (single-family and multi -family units) and +/- 55.9 acres of commercial uses. The applicant is requesting a modification regarding the timing of submittal of a preliminary plat application. The 287.6 -acre site is located at the Northeast corner of Beacon Light Road and State Highway 16. (WEV) I. Plaza Drive Extension Task Order 17-01 with Baer Design Group, LLC. for Construction and Warranty Management: Request for approval of the Plaza Drive Extension Task Order 17-01 with Baer Design Group, LLC. for construction management, inspection, and warranty maintenance for the landscape, irrigation, lighting and concrete work associated with the City of Eagle's portion of the Plaza Drive extension. Contract is to be billed hourly at a rate of $70/hour with a not to exceed amount of $15,000 from March 2017 through the 1 -year warranty period at the time of project completion by ACHD. (WEV) J. Eagle Employee -Student In -Service Education Program Agreement: In accordance with Resolution No. 06-31, Alana Dunn, Eagle Historical Museum Curator, is requesting to apply for tuition and registration fees in association with an undergraduate degree in Art History at Arizona State University. (SR & SKB) K. Minutes of March 14, 2017. (SKB) 7. UNFINISHED BUSINESS: NONE 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. RZ-02-03 MOD3 — 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 associated with Lot 49, Block 1, within Coast 2 Coast Subdivision (aka Laguna Pointe Subdivision) to modify the permitted commercial uses and building size allowances. The 1.51 -acre site is located on Riversedge Drive approximately 260 -feet east of Eagle Road at 112 East Riversedge Drive. This item was continued from the February 28, 2017, City Council Meeting. (WEV) B. RZ-16-16/PP-10-16 — Larkin Village Subdivision — Paradigm Construction — Jim Larkin: Paradigm Construction — Jim Larkin, represented by Joe Pachner with KM Engineering, LLP, is requesting a rezone from MU (Mixed Use) to MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) and preliminary plat approvals for Larkin Village Subdivision, a 17 -lot (11 residential, 1 commercial, 4 common, and 1 private street) subdivision. The 1.55 -acre site is located on the south side of East State Street approximately 115 -feet east of South Golden Eagle Lane at 1301 East State Street. (WEV) C. CPA-02-16/RZ-14-16/CU-08-16/PPUD-03-16/PP-08-16 — VaLvnn Subdivision — Roth Homes: Roth Homes, represented by Mark Butler with Land Consultants, Inc., is requesting a comprehensive plan map amendment from Residential Four to Residential Five, a rezone from R-4 (Residential) to R -5 -DA -P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for VaLvnn Village Subdivision, a 28 -lot (23 buildable, 5 common) residential planned unit development. The 4.64 -acre site is located at the terminus of West Cowman Court and South Grandean Way at 701 West Cowman Court. (WEV) Page 2 of 3 CITY COUNCIL AGENDA March 28, 2017 5:30 P.M. 9. NEW BUSINESS: A. Ordinance 772 - Amending Title 2 — Chapter 6 Eagle Arts Commission: An Ordinance of the City of Eagle, Ada County Idaho amending Eagle City Code Title 2 "Boards and Commissions", Chapter 6 "Eagle Arts Commission", Section 2-6-3 providing a severability clause; and providing an effective date. (SR) B. Ordinance 773 — Amending Title 1 Chapter 6 City Officers and Employees: An ordinance of the City of Eagle, Ada County Idaho amending Eagle City Code Title 1 "Administration", Chapter 6 "City Officers and Employees", Section 1 "Appointment of Officers"; and providing a severability clause; and providing an effective date. (SR) C. AA -03-17 — Appeal of Design Review Application DR -02-17 for Williamson River Ranch Subdivision: 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. Staff is requesting City Council review and consideration of the design and alignment specifications of the 10 -foot wide public pathway that generally runs along the northern and eastern portion of the site. PROJECT SUMMARY: Williamson River Ranch, LLC, represented by Tamara Thompson with The Land Group, Inc., is requesting design review approval for the common area landscaping, pool, and pool house (2,175 - square feet) within Williamson River Ranch Subdivision. The 74.32 -acre site is located at the eastern terminus of East Island Woods Drive. (WEV) 10. 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. 11. REPORTS: A. Mayor and Council Reports: B. City Hall Department Supervisor Reports: C. City Attorney Report: 12. 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(1)(c) To acquire interest in real property which is not owned by the agency. 1. Orville and Floy Jackson House 13. 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 3 of 3