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Agenda - 2017 - City Council - 04/11/2017 - RegularTHE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane April 11, 2017 5:30 p.m. Page 1 of 4 INVOCATION: 1. CALL TO ORDER: 2. ROLL CALL: KUNZ, BASTIAN, PRESTON, SOELBERG 3. PLEDGE OF ALLEGIANCE: 4. SERVICE RECOGNITION: A. Volunteer of the Month - March: Mayor’s Youth in Action Council (MYAC): MYAC President Hannah Smith, along with MYAC members and their advisors volunteered as organizers and ushers at the Eagle State of the City 2017 event. Their professional attitude and willingness to serve their community is only part of what makes Eagle home. Thank you MYAC! 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. 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 E agle 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. 17-10 Surplus Property (SKB) C. Recognition of the Eagle Rodeo as a Community Event. (SR) D. Findings of Fact & Conclusions of Law for 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) E. Findings of Fact & Conclusions of Law for 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 April 11, 2017 5:30 P.M. Page 2 of 4 F. Findings of Fact & Conclusions of Law for FPUD-01-17 & FP-04-17 – 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. Minutes of March 28, 2017. (SKB) H. Minutes of March 30, 2017. (SKB) I. National Day of Prayer Proclamation: A proclamation of the City of Eagle declaring May 4th as National Day of Prayer. J. Purchase Agreement between Wetlands Group LLC and the City of Eagle: An agreement between Wetlands Group LLC and the City of Eagle to buy wetlands mitigation credits to facilitate the construction of the Dry Creek Underpass project. (NBS) K. Resolution No. 17-11: A resolution of the city of Eagle, Ada County, Idaho, amending the 2015 Eagle Comprehensive Plan Future Land Use Designation Map for the property located at 850 E. Williamson Lane; affirming that prescribed notice and hearing requirements were met in accordance with Title 67, Chapter 65, Idaho Code and the Eagle City Code; and providing an effective date. (NBS) 8. UNFINISHED BUSINESS: 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 March 28, 2017, City Council Meeting. (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. Public Hearing Regarding Conveyance Of Real Property: The purpose of the hearing is to hear public testimony on the proposed conveyance by auction of real property identified as follows: Instrument Number:100101773 Parcel: R5241380280 Township/Range/Section: 4N1E03 Property Description: LOT 2 BLK 15 LEXINGTON HILLS SUB #4 Address: E HIGHGATE CT EAGLE, ID 83616 Land Group Type: SUB. Notice of auction date will be published in accordance with Idaho State Code in the City’s Official Newspaper. (KA) B. RZ-04-13 MOD – Modification to Development Agreement – Smith Brighton, Inc.: Smith Brighton, Inc., represented by Mike Wardle, is requesting a development agreement modification to provide a revised fencing exhibit to the development agreement and allow for a church site to be located within Lanewood Subdivision No. 2. The 110.69-acre site is located at the northwest corner of North Linder Road and West Floating Feather Road. (WEV) 10. NEW BUSINESS: A. Eagle Dog Park Advisory Committee Recommendation: The Eagle Dog Park Advisory Committee, represented by Cindy Clark, is seeking approval from City Council to establish a dog park at Eagle Island State Park and manage seasonal off-leash areas at Merrill and/or Guerber Parks. (SR) CITY COUNCIL AGENDA April 11, 2017 5:30 P.M. Page 3 of 4 B. 300’ Distance Waiver for the service and/or sale of alcoholic beverages– Rib Shack LLC.: Andrew Petrehn, representing Rib Shack is distance waiver as allowed in Idaho State Code 23-913. State Code does not allow alcohol to be sold or dispensed to be consumed within three hundred (300) feet of any public school, church, or any other place of worship, except with approval of the governing body of the municipality. Mr. Petrehn is requesting a waiver from Council for his business premises located at 395 W. State Street. Mr. Petrehn is seeking to add the service of liquor to the above referenced premises. The service of beer and wine was approved on October 27, 2015. (SKB) C. AA-04-17 – Appeal of Design Review Application DR-05-17 for a Master Sign Plan for Convenience Store with Fuel Service and Fuel Island Canopy – Jay Walker: Jay Walker, represented by Walter Lindgren with Lindgren:Labrie Architecture, PLLC, is appealing the Design Review Board’s decision on the above referenced matter. The site is located on the southeast corner of East Hill Road and SH-55 at 2805 and 2809 East Hill Road. (WEV) D. Ordinance No. 774 – Williamson River Ranch Annexation and Rezone: 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; changing the zoning classification of said real property described herein from RP (Rural Preservation) to R-2-DA-P (Residential with a Development Agreement – PUD); amending the zoning map of the City of Eagle to reflect said change; directing that copies of this ordinance be filed as provided by law; and providing an effective date. (WEV) E. Ada County Transmittal 201700357-CU/MSP – Conditional Use Permit and Master Site Plan Application for an Event Facility – R. Orville and Heidi Thompson: R. Orville and Heidi Thompson, represented by Sam Johnson, is requesting a conditional use permit and master site plan approval to utilize an existing 9,800-square foot facility as a social hall to host weddings, corporate retreats, and similar events. The 34.18-acre site is located on the southwest corner of West River Ranch Lane and South Linder Road at 4673 West River Ranch Lane Road. This site is located in the Eagle Area of Impact. (WEV) F. General Discussion: Financial matters with Local Disaster Emergency declaration. (SR) 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. Personnel Matters: §74-2061(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. CITY COUNCIL AGENDA April 11, 2017 5:30 P.M. Page 4 of 4 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. THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane April ll, 2017 5:30 p.m. INVOCATION: 1. CALL TO ORDER: 2. ROLL CALL: KUNZ, BASTIAN, PRESTON, SOELBERG 3. PLEDGE OF ALLEGIANCE: 4. SERVICE RECOGNITION: 5. A. Volunteer of the Month - March: Mayor's Youth in Action Council (MYAC): MVAC President Hannah Smith, along with MVAC members and their advisors volunteered as organizers and ushers at the Eagle State of the City 2017 event. Their professional attitude and willingness to serve their community is only part of what makes Eagle home. Thank you MVAC! 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. 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. 17-10 Surplus Property (SKB) C. Recognition of the Eagle Rodeo as a Community Event. (SR) D. Findings of Fact & Conclusions of Law for 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) E. Findings of Fact & Conclusions of Law for 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) Page 1 of 4 CITY COUNCIL AGENDA April ll, 2017 5:30 P.M. F. Findings of Fact & Conclusions of Law for FPUD-01-17 & FP -04-17 — 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. Minutes of March 28, 2017. (SKB) H. Minutes of March 30, 2017. (SKB) I. National Day of Prayer Proclamation: A proclamation of the City of Eagle declaring May 4'h as National Day of Prayer. J. Purchase Agreement between Wetlands Group LLC and the City of Eagle: An agreement between Wetlands Group LLC and the City of Eagle to buy wetlands mitigation credits to facilitate the construction of the Dry Creek Underpass project. (NBS) K. Resolution No. 17-11: A resolution of the city of Eagle, Ada County, Idaho, amending the 2015 Eagle Comprehensive Plan Future Land Use Designation Map for the property located at 850 E. Williamson Lane; affirming that prescribed notice and hearing requirements were met in accordance with Title 67, Chapter 65, Idaho Code and the Eagle City Code; and providing an effective date. (NBS) 8. UNFINISHED BUSINESS: 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 March 28, 2017, City Council Meeting. (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. Public Hearing Regarding Conveyance Of Real Property: The purpose of the hearing is to hear public testimony on the proposed conveyance by auction of real property identified as follows: Instrument Number: 100101773 Parcel: R5241380280 Township/Range/Section: 4NIE03 Property Description: LOT 2 BLK 15 LEXINGTON HILLS SUB 44 Address: E HIGHGATE CT EAGLE, ID 83616 Land Group Type: SUB. Notice of auction date will be published in accordance with Idaho State Code in the City's Official Newspaper. (KA) B. RZ-04-13 MOD — Modification to Development Agreement — Smith Brighton, Inc.: Smith Brighton, Inc., represented by Mike Wardle, is requesting a development agreement modification to provide a revised fencing exhibit to the development agreement and allow for a church site to be located within Lanewood Subdivision No. 2. The 110.69 -acre site is located at the northwest corner of North Linder Road and West Floating Feather Road. (WEV) 10. NEW BUSINESS: A. Eagle Dog Park Advisory Committee Recommendation: The Eagle Dog Park Advisory Committee, represented by Cindy Clark, is seeking approval from City Council to establish a dog park at Eagle Island State Park and manage seasonal off -leash areas at Merrill and/or Guerber Parks. (SR) Page 2 of 4 CITY COUNCIL AGENDA April 11, 2017 5:30 P.M. B. 300' Distance Waiver for the service and/or sale of alcoholic beverages— Rib Shack LLC.: Andrew Petrehn, representing Rib Shack is distance waiver as allowed in Idaho State Code 23-913. State Code does not allow alcohol to be sold or dispensed to be consumed within three hundred (300) feet of any public school, church, or any other place of worship, except with approval of the governing body of the municipality. Mr. Petrehn is requesting a waiver from Council for his business premises located at 395 W. State Street. Mr. Petrehn is seeking to add the service of liquor to the above referenced premises. The service of beer and wine was approved on October 27, 2015. (SKB) C. AA -04-17 — Appeal of Design Review Application DR -05-17 for a Master Sign Plan for Convenience Store with Fuel Service and Fuel Island Canopy — Jay Walker: Jay Walker, represented by Walter Lindgren with Lindgren:Labrie Architecture, PLLC, is appealing the Design Review Board's decision on the above referenced matter. The site is located on the southeast corner of East Hill Road and SH -55 at 2805 and 2809 East Hill Road. (WEV) D. Ordinance No. 774 — Williamson River Ranch Annexation and Rezone: 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; changing the zoning classification of said real property described herein from RP (Rural Preservation) to R -2 -DA -P (Residential with a Development Agreement — PUD); amending the zoning map of the City of Eagle to reflect said change; directing that copies of this ordinance be filed as provided by law; and providing an effective date. (WEV) E. Ada County Transmittal 201700357-CU/MSP — Conditional Use Permit and Master Site Plan Application for an Event Facility — R. Orville and Heidi Thompson: R. Orville and Heidi Thompson, represented by Sam Johnson, is requesting a conditional use permit and master site plan approval to utilize an existing 9,800 -square foot facility as a social hall to host weddings, corporate retreats, and similar events. The 34.18 -acre site is located on the southwest corner of West River Ranch Lane and South Linder Road at 4673 West River Ranch Lane Road. This site is located in the Eagle Area of Impact. (WEV) F. General Discussion: Financial matters with Local Disaster Emergency declaration. (SR) 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. Personnel Matters: §74-2061(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Page 3 of 4 CITY COUNCIL AGENDA April ll, 2017 5:30 P.M. 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