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Minutes - 2022 - City Council - 11/09/2022 - Special EAGLE CITY COUNCIL SPECIAL MEETING MINUTES November 9,2022 1. CALL TO ORDER: Mayor Pierce calls the meeting to order at 5:30 p.m. 2. ROLL CALL: Present: GINDLESPERGER, PIKE, BAUN, RUSSELL. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: 4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA: A. City Staff requests.: None B. Mayor or City Council requests.None 5. REPORTS: A. Mayor and Council Reports: Pike reports on the Senior Center Board meeting. Baun reports on the Parks Pathways and Recreation meeting. Mayor Pierce states that there will be a Veteran's Breakfast this Saturday. B. City Hall Department Supervisor Reports: None C. Eagle Police Department: Chief Wilke reports on some recent burglaries in Eagle. He encourages neighbors to be diligent and if something doesn't feel right to report it to the police. D. City Attorney Report: None 6. PUBLIC COMMENT 1: 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, land use application,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. Chris Klein,755 N.Caracaras Place,Eagle,Idaho. Mr.Klein has concerns with a recently approved development and the fence that impacts the subdivision he resides in. The fence installed on the developer's property is adjacent to his fence and is 18"lower than the retaining wall on Mr. Klein's property. He is concerned with the safety and would like the city to compel the developer to address the problem. Scott Keen, 567 West Two Rivers Drive, Eagle, Idaho. Mr. Keen believes the Council is doing a good job and has not witnessed any of them being rude or disrespectful. He is concerned with the recall and the broad statements being made. A handout is provided for Council review. Bob Van Arnem, 3049 S. Whitepost Way, Eagle, ID. Mr. Van Arnem does not feel that the RFP (request for proposal) process that was utilized for the selection of solid waste provider was as it should be. He believes there is the appearance of a bait and switch in regard to what was in the request for proposal and what was decided in the executed contract. A handout is provided for Council review. 7. ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS: 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. Page 1 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-09-22spmin.docx • 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. Reappointment to the Eagle Urban Renewal Agency: In accordance with Resolution 20-03, Mayor Pierce is requesting Council Confirmation of the reappointment of Ian Burnett to the Eagle Urban Renewal Agency. Mr. Burnett will be serving a four(4)year term that will expire in November 2026. (JWP) C. DR-61-22 — Office (Medical and Dental) Building within Eagle Island Crossing — Jen Guerrero: Jen Guerrero, represented by James Marsh with CSHQA, is requesting design review approval for a 6,600-square foot office (medical and dental) building. The 0.736-acre site is generally located northeast of State Highway 44 and North Fisher Park Way at 74 North Fisher Park Way within Eagle Island Crossing(Lot 8,Block 2,Arts West Subdivision).(BAW) D.DR-62-22—Two Building Wall Signs for Eagle Dermatology—Jen Guerrero:Jen Guerrero, represented by James Marsh with CSHQA, is requesting design review approval for two building wall signs for Eagle Dermatology. The 0.736-acre site is generally located northeast of State Highway 44 and North Fisher Park Way at 74 North Fisher Park Way within Eagle Island Crossing(Lot 8, Block 2, Arts West Subdivision). (BAW) E. DR-63-22 — Common Area Landscaping within Beaconwood Subdivision — Endurance Holdings, LLC: Endurance Holdings, LLC, represented by Kim Siegenthaler with Jensen Belts Associates, is requesting design review approval for the common area landscaping within Beaconwood Subdivision. The 37.34-acre site is located on the southeast corner of West Beacon Light Road and North Lanewood Road. (ERG) F. DR-64-22 — One Subdivision Entry Monument Sign for Beaconwood Subdivision — Endurance Holdings,LLC:Endurance Holdings,LLC,represented by Kim Siegenthaler with Jensen Belts Associates, is requesting design review approval for one non-illuminated subdivision entry monument sign for Beaconwood Subdivision. The sign is proposed to be located at the southeast corner of North Lanewood Road and West Yarnell Street at the entrance to Beaconwood Subdivision. (ERG) G. Findings of Fact and Conclusions of Law for the Approval of PP-17-21 —Spring Valley Subdivision Phase 1 (Spring Valley Large Lot Plat) GWC Capital, LLC: - GWC Capital, LLC, represented by Brook Cole, is requesting preliminary plat approval for Spring Valley Subdivision No. 1, a 53-lot (25 designated for future re-subdivision, 21-common, 7-future roadways) subdivision. The 996.84-acre site is generally located 3/4ths of a mile northeast of the intersection of State Highway 16 at Equest Lane (approximately 1 mile north of Beacon Light Road and Linder Road intersection). (MJW) H. Findings of Fact and Conclusions of Law for the Approval of CU-12-22 — Conditional Use Permit for a Height Exception and Public Service Facility — Veolia Water Idaho Inc.: Veolia Water Idaho Inc., represented by J-U-B Engineers, is requesting conditional use permit approval for a height exception to construct a forty foot (40') tall water metering pole (aka public service facility)with an eight foot(8')antenna, totaling 48 feet. The 0.18-acre site is located on the east side of North Eagle Road approximately 'A mile north of State Street at 600 North Eagle Road. (MNB) 1. Memorial Bench for Joan Asson: Request for Council approval of a Memorial bench to be located at Rivers End Trail. (ELZ) J. Live Performance Agreement Between the City of Eagle and Lisa Bittick Lowe: Live Performance Agreement between the City of Eagle and Lisa Bittick Lowe to perform at Eagle County Christmas. The artist shall be paid for actual services rendered at a rate not to exceed $250.00(JDH). K. Live Performance Agreement Between the City of Eagle and The Sam Henry Band : Live Performance Agreement between the City of Eagle and The Sam Henry Band to perform at Eagle County Christmas. The artist shall be paid for actual services rendered at a rate not to exceed $500.00(JDH). Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-09-22spmin.dock L. Live Performance Agreement Between the City of Eagle and Red Light Challenge : Live Performance Agreement between the City of Eagle and Red Light Challenge to perform at Eagle County Christmas. The artist shall be paid for actual services rendered at a rate not to exceed $500.00 (JDH). M. Independent Contract Between the City of Eagle and Committed Caseworks and Events, LLC : Independent Contract between the City of Eagle and Committed Caseworks and Events, LLC to provide audio technician services at Eagle County Christmas. The Independent Contract shall not exceed $900.00 (JDH). N. Municipal Water System Easement Agreement Between the City of Eagle and Terra View, LLC associated with Terra View Subdivision No. 1—Terra View,LLC:Terra View, LLC is requesting approval of three (3) municipal water system easement agreements for the municipal water system associated with Terra View Subdivision No. 1. The City Council approved the final plat for Terra View Subdivision No. 1 on October 11, 2022 (FP-13-22). O. Permanent Pathway Easement Agreement Between the City of Eagle and WPG BEP LLC, for a Public Pathway within Bald Eagle Pointe Subdivision No. 2: WPG BEP, LLC is requesting approval of a permanent pathway easement agreement for Bald Eagle Pointe No.2. The The 13.82-acre site is located on the south side of West State Street (SH-44) at the southeast corner of West State Street(SH-44)and West Moon Valley Road. (MJW) Gindlesperger moves to approve consent agenda items 7A-O. Seconded by Baun. GINDLESPERGER AYE; PIKE AYE; BAUN AYE; RUSSELL AYE; ALL AYE...MOTION CARRIES. 8. UNFINISHED BUSINESS: A. Three Cities River Crossing: Staff will provide an update on the status of the Three Rivers Crossing Project- a bridge connecting SH-44 to US 20/26 at the terminus of SH-55. (NBS) Mayor Pierce introduces the item and provides an update on the Three Cities Rivers Crossing project. The City has approached Idaho Transportation Department to request that they add the Three Cities River Crossing back into their long range plan. Discussion. Mayor calls a 5-minute recess. 9. ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS 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. • Public hearing testimony time limits: Individuals testifying are allotted three(3)minutes for non-repetitive testimony. • Disclosure of ex parte and/or conflict of interest. A. CU-10-22 — Building Height Exception — North 45 Investments, LLC: North 45 Investments, LLC, represented by Walter Lindgren with Lindgren:LaBrie Architecture, is requesting conditional use permit approval for a building height exception to 54-feet,6-inches.The request is in association with a proposed four (4) story mixed use building. The .96-acre site is located on the east side of South Olde Park Place between West State Street and West Aikens Road at 45 and 75 West State Street and 64 and 96 South Olde Park Place. (MJW) This item was continued from the October 11, 2022, City Council meeting. Mayor Pierce introduces the item. Planner III, Mike Williams gives a brief overview of the previous hearing, and makes himself available for questions. Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-09-22spmin.docx Planning Staff, Matthew Rumsey discusses the fiscal impact tool analysis results. Walter Lindgren with Lindgren LaBrie Architects representing North 45 Investments, reviews the application. Dale Willman, one of the owners of Rembrandts 93 S. Eagle Road. They are in support of the economic analysis, and believe it shows the benefit of one-story retail and three floors residential. The requested conditional use permit would be in compliance with the Comprehensive Plan designation as noted in the Downtown Eagle Planning area. Mayor Pierce opens the public hearing. Dave Welsh,2136 W.Forrest Grove Court,Eagle,Idaho. Mr.Welsh understands the need to grow, however he encourages the Council to preserve the smaller town feel. Where one tall building is approved more would potentially follow. It is his hope that should Council approve this that it be at a smaller scale. Carl Vogt, 1432 W. Deadwood Court, Eagle, Idaho. Mr. Vogt is in opposition to the height exception. He would not want a glass and metal corridor to be allowed down State Street. He does want the site to develop, but not with this height exception. Additionally, he does not feel that the Rembrandts parking should be allowed as a consideration. Ken Hebert, 2396 W. Buckhorn Court, Eagle, Idaho. Mr. Hebert does not believe that the Comprehensive Plan does require the allowance of a height exemption. Discusses options regarding retail placement in a three-story building vs a four-story building that may be advantageous. Scott Keen, 567 W. Two Rivers Drive, Eagle, Idaho. Mr. Keen likes the architecture, but this location is the wrong place for it. It would be more appropriate for Highway 44. The building is not quaint, historic or vintage which is what Eagle is noted for in its downtown. CJ Petrovich, 1574 S. River Grove Way, Eagle, Idaho. Mr. Petrovich is a partner at Rembrandts and of this project as well. The proposed project has adequate parking according to City Code, however as a business owner there is a difference between what is required and what is actually needed. The residential in his project will be condos, not apartments. He encourages Council to act on the height exception today and leave it to the Design Review code to speak to the design of the building. Walter Lindgren rebuts testimony. Discussion between Council and Mr. Lindgren and Mr. Willman regarding commercial and residential placement, building height and parking. Mayor closes the public hearing. Discussion amongst the Council. Gindlesperger notes that City Code states that building should be harmonious and consistent with the general area. A four-story building would not be harmonious. Russell discusses the density and that the number of residential units would bring to that area. She does not find adequate evidence showing such use of the proposed location would not be hazardous or disturbing to future uses. She is not inclined to approve the exception. Pike does not feel that they have supported the businesses. When campaigning for office he visited each business. Since being elected he has been advocating for a downtown association to support them. He has been working on the Downtown Advisory Committee and on the Urban Renewal Agency. He feels the proposal would help remove the blight of the vacant lot in the downtown and the dilapidated buildings and support economic viability for our businesses. Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-09-22spmin.docx Pike moves to approve CU-10-22 — Building Height Exception — North 45 Investments, LLC for 54' . Motion dies due to lack of second. Baun states that he is in favor of a product similar to this. He is concerned with the commercial residential split of the product before them tonight. Until he sees a plan that would have sufficient commercial, he would not be in favor. Gindlesperger moves to deny CU-10-22 Building Height Exception North 45 Investments, LLC. Seconded by Russell. Discussion. THREE AYE...ONE NAY (PIKE). MOTION CARRIES. B. RZ-07-18 MOD/CU-03-18 MOD2/PPUD-02-18 MOD — Development Agreement Modification and Planned Unit Development Modification for Molinari Park Subdivision — Molinari Park Development, LLC: Molinari Park Development, LLC, represented by Walter Lindgren with Lindgren:LaBrie Architecture, PLLC, is requesting development agreement modification and planned unit development modification approvals to modify the development agreement concept plan and preliminary development plan site plan associated with the multi- family portion of Molinari Park Subdivision. The 24.6-acre site is located on the south side of East Plaza Drive approximately 300-feet east of the intersection of South 2nd Street and East Plaza Drive. (MJW) This item was continued from the October 25, 2022 City Council meeting. Mayor Pierce introduces the item. The applicant is requesting this item be continued to the November 22, 2022 meeting. Baun moves to continue item 9B to the November 22, 2022. Seconded by Pike. MOTION CARRIES. C. ZOA-04-22 — Zoning Ordinance Amendment (Ordinance 888) — City of Eagle: An ordinance of the City of Eagle, Ada County Idaho, amending Title 8 "ZONING", Chapter 7 "ZONING ADMINISTRATION AND ENFORCEMENT"; providing a severability clause; and providing an effective date. (MNB) Mayor Pierce introduces the item. Zoning Administrator, Bill Vaughan reviews the proposed amendments. Mayor opens the public hearing. Mayor closes the public hearing. Baun moves, pursuant to Idaho Code, Section 50-902,that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with,and that Ordinance#888 be considered after being read once by title only. Seconded by Gindlesperger. ALL AYE: MOTION CARRIES. Baun moves approve that Ordinance#888 be adopted. An ordinance of the City of Eagle, Ada County Idaho,amending Title 8 "ZONING",Chapter 7"ZONING ADMINISTRATION AND ENFORCEMENT"; providing a severability clause; and providing an effective date. Seconded by Russell. GINDLESPERGER: AYE; PIKE AYE; BAUN: AYE; RUSSELL: AYE: ALL AYE: MOTION CARRIES. 10. NEW BUSINESS: Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-09-22spmin.dock A. ACTION ITEM. Ordinance 885—Farmstead Landing Subdivision: 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 certain real property described herein from RUT (Rural-Urban Transition — Ada County Designation) and R-E (Residential-Estates) to R-2-DA (Residential with a development agreement- in lieu of a 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. The 80.23-acre site is located on the north side of West Floating Feather Road between North Park Lane and North Linder Road. (MNB) Mayor Pierce introduces the item. Baun moves, pursuant to Idaho Code,Section 50-902,that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with,and that Ordinance# 885 be considered after being read once by title only. Seconded by Gindlesperger. ALL AYE: MOTION CARRIES. Baun moves to approve action item 10A that Ordinance#885 be adopted.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 certain real property described herein from RUT (Rural-Urban Transition—Ada County Designation)and R-E (Residential-Estates) to R-2- DA (Residential with a development agreement-in lieu of a 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. Seconded by Gindlesperger . GINDLESPERGER: AYE; PIKE AYE; BAUN: AYE; RUSSELL: AYE: ALL AYE: MOTION CARRIES. B. ACTION ITEM: Ordinance 890 — Willow Run Senior Living Facility: 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 certain real property described herein from RUT(Rural-Urban Transition — Ada County Designation) to R-4-DA (Residential with a development agreement - in lieu of a conditional use permit); 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. The 10.44 -acre site is located on the east side of North Linder Road approximately 90-feet south of the intersection of West Temple Drive and North Linder Road at 6910 and 6940 North Linder Road. The City Council approved the annexation and rezone applications on July 28, 2020. (A-02- 20 and RZ-02-20)(MJW) Mayor Pierce introduces the item. Russell moves, pursuant to Idaho Code, Section 50-902,that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with,and that Ordinance#890 be considered after being read once by title only. Seconded by Baun. ALL AYE: MOTION CARRIES. Russell moves action item 10B that Ordinance#890.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 certain real property described herein from RUT (Rural-Urban Transition —Ada County Designation)to R-4-DA(Residential with a development agreement- in lieu of a conditional use permit); 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. Seconded by Baun . GINDLESPERGER: AYE; PIKE AYE; BAUN: AYE; RUSSELL: AYE: ALL AYE: MOTION CARRIES. Page 6 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-09-22spmin.docx C. ACTION ITEM: Ordinance 891—Skyview Subdivision: 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 certain real property described herein from RUT (Rural-Urban Transition —Ada County Designation) to R-9-DA(Residential with a development agreement- [in lieu of a PUD])and MU-DA(Mixed Use with a development agreement [in lieu of a 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.The 18.94-acre site is located at the northwest corner of State Highway 44 and North Park Lane at 101 North Park Lane. The City Council approved the associated annexation, rezone and preliminary plat applications on January 25,2022 (A-05-21/RZ-06-21, PP- 08-21). (MJW) Mayor Pierce introduces the item. Gindlesperger moves,pursuant to Idaho Code,Section 50-902,that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with,and that Ordinance#891 be considered after being read once by title only. Seconded by Baun. ALL AYE: MOTION CARRIES. Gindlesperger moves that Ordinance#891 be adopted.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 certain real property described herein from RUT(Rural-Urban Transition —Ada County Designation) to R-9-DA (Residential with a development agreement- [in lieu of a PUD])and MU-DA(Mixed Use with a development agreement [in lieu of a 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. Seconded by Baun. GINDLESPERGER: AYE; PIKE AYE; BAUN: AYE; RUSSELL: AYE: ALL AYE: MOTION CARRIES. D. ACTION ITEM: Request by Melissa Sharp for Extension of Time to Remove Personal Belongings from City Owned Property Located at 97 W.Aikens. (VV) City Attorney, Victor Villegas reviews the request by Ms. Sharp. The City purchased the property in October of 2021. When the City took possession of the property, there were still belongings of Ms. Sharp on the property. The City provided notice to Ms. Sharp on September 25, 2022 of this year giving her until October 31, 2022 to remove her belongings. She submitted a written request for an additional four months to remove her belongings. Mayor Pierce provides additional information regarding the timeline. The City had installed a lock on the property so that Ms. Sharps belongs would not be stolen and informed her that with two hours' notice the lock would be removed to give her access. She never requested the removal. Baun moves to give Ms. Sharp until January 31,2023, to remove her belongings. Seconded by Pike. ALL AYE...MOTION CARRIES. 11. PUBLIC COMMENT 2: 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 and land use items.Comments regarding Public Hearing and land use 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 and land use 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 Page 7 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-09-22spmin.docx Ken Ebert, 2396 W. Buckhorn Court, Eagle, Idaho. Mr. Ebert questions the appropriate time to address some of the ordinance questions. Additionally, he suggests posting sites showing what has been approved at certain locations so that it would be easier for people to educate themselves on approved land use for sites. Discussion Carl Vogt, 1482 N. Deadwood Court, Eagle, Idaho. Mr. Vogt discusses the placement of signal lights to try and eliminate some confusion while turning. The Food Bank has been asked to vacate the premise and will be looking to partner with another location, and they are looking for about 1000 square feet to utilize. 12. EXECUTIVE SESSION: 74-206(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: Pike moves pursuant to 74-206 (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. (fj 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; Seconded by Gindlesberger. GINDLESPERGER: AYE; PIKE AYE; BAUN: AYE; RUSSELL: AYE: ALL AYE: MOTION CARRIES. Council enters executive session. Council discussion of pending/threatened litigation. Council exists executive session. A. ACTION ITEM. Action regarding pending/threatened litigation. Baun moves to direct the City Attorney to file legal action against Mr. McAllister and associated vendors. Seconded by Russell. ALL AYE...MOTION CARRIES 13. ADJOURNMENT: Gindlesperger moves to adjourn. Seconded by Russell. ALL AYE...MOTION CARRIES Hearing no further business,the Council meeting was adjourned. Respectfully submitted .•...... • I • • Q K: Q CITY CL K ' lJ•. J Page 8 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-09-22spmin.docx APPROVED: J SO PIERCE M R AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W.CITYOFEAGLE.ORG. Page 9 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-09-22spmin.docx EAGLE CITY COUNCIL MEETING November 9, 2022 PUBLIC HEARING: Item 9A SUBJECT: CU-10-22—Building Height Exception—North 45 Investments,LLC: TESTIFY PRO/CON NAME (please Tint) ADDRESS YES/NO NEUTRAL • it)- 'Pr-5a tk tit tPD d � C�� 1&( D n Do ► c V 3� GU -6 (- (0,/,e- cT Al-)'- a r Je_vv\\- \ \SCE "D.k"J 6 F res i- oJe Cr NO CON,) C, Crlit di 157`/ . Sjz,(/€11 (',,., c N 17io r(_ V03 -�—' 1 k 3"2 l,J. (� ei a 5 t C 1 of 2 more on back EAGLE CITY COUNCIL MEETING November 9, 2022 PUBLIC HEARING: Item 9A SUBJECT: CU-10-22—Building Height Exception—North 45 Investments,LLC: TESTIFY PRO/CON NAME (please print) ADDRESS YES/NO NEUTRAL 1 of 2 more on back EAGLE CITY COUNCIL MEETING November 9, 2022 PUBLIC HEARING: Item 9C SUBJECT: ZOA-04-22 —Zoning Ordinance Amendment(Ordinance 888) —City of Eagle: TESTIFY PRO/CON NAME (please print) ADDRESS YES/NO NEUTRAL 1 of 2 more on back EAGLE CITY COUNCIL MEETING November 9, 2022 PUBLIC HEARING: Item 9C SUBJECT: ZOA-04-22 —Zoning Ordinance Amendment(Ordinance 888) —City of Eagle: TESTIFY PRO/CON NAME (please print) ADDRESS YES/NO NEUTRAL 1 of 2 more on back c ll bi(ZZ Daniel, I am checking in regarding the fence issue. Since we spoke last, one of our dogs fell between the cavity between the existing retaining wall on our property and the newly installed fence on the Rene Commons property. With our 20 month old son exploring his world, I see this as a serious potential hazard for him as well. This is in addition the the concerns I communicated with you previously. Here are my concerns: Drainage/ we have a consistent elevation on our property that has been static since the original build 20 years ago. The dramatic elevation difference on the property line of up to two feet will lead to erosion and shifting of soil over the property line causing the fence to fail. We plan to plant a hedge along the property line which will also lead to erosion as the roots will be above the neighboring elevation. Encroachment/ With the natural tendency of soil, landscape material, snow and organic mater to settle to lower elevations, there will be a time in the near future where it will settle in the five inch horizontal and 24 inch vertical gap between our property causing pressure on the fence leading to failure and potential encroachment onto the neighboring property. This is not a conversation we would like to have with our new neighbors. Safety and Security/ The flimsy vinyl fence will fail at some point in the future. When this does, I do not want to have an issue with containing our German Shepherds and our young son. Likewise, we do not want neighboring pets and children on our property for obvious safety concerns. If the new owners have children or pets, there will be an issue if the fence fails. One of our dogs has already fallen in the cavity. This is a hazard for our son as well. I am approaching these concerns with the fence from a forward thinking stance to mitigate these issues that will arise in the future as well as the immediate safety concern for our family. If the developer had either raised the elevation or constructed a retaining wall, none of these concerns would be at hand. This was poorly planned and executed with little or no concern for the future owners of the property as well as ours. From an engineering perspective, I do not see what we can do on our side to mitigate our concerns on our end. We want to protect ourselves from any liability with these issues. We also, do not want to have any uncomfortable conversations with the new neighbors. One of the reasons we choose to raise our family in Eagle is the higher standards we believed the City and community held. We are hoping the City of Eagle is able to compel Sterling Homes to rectify this issue legally or otherwise. Thank you, Kris Klein 755 N Caracaras P1 954 415 9959 •. ,. ••;•_. e , ;.,• ,• • •, •• .,'... . iit," .,, — , i+ • 1, . • *, -' ' " 9 -...- I si..IF; , ,,.. f . ,•... • : . . A.k. ii ' ' • ,, - 4,44 , I ,,,., , „..: • , : .,. .. , 3 , ... , ,,, . • ... . I g •P''',' 1 •. i !.:. .. ; .,•.., . -, ... , \ •A .- 1, . 1 lir . iV ,,,, • , v.'''. . r.- 111 f • . , I 0 ‘• s N. 4° ' qf r, 1 . ( 'IP .. ,,i. e t • ,i , , 1 Fe."Iir.."4"::1--.• 119411L :-.1.,. ,•!' • •• . :. ,; , i• , ;:: ‘ : : ,, : `,1 , I." 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V. • - ago; ' ' i ,. --1 ••' , - r 1•r" , is _ �.. cc ttlq(ozn Comparison of Hardin RFP with Hardin Exclusive Franchise Agreement HARDIN RFP HARDIN FRANCHISE AGREEMENT Pgs 9& 10 Existing Services We Will Continue Pg 6 Section 4:Single-family Residential Units: "The Providing: Limited Trash: • "32 gallon Trash Cart Service Provider will collect municipal solid waste Service(limited) .65 gallon Trash Cart Service from single-family residential units...and up to ten (limited)Residents may set out extra cans or bags(at (10)additional bags and bundles(at an additional a rate of$1.50/bag)." Unlimited trash: "32/65/95 cost)...Customer will be charged$1.50 per additional gallon Trash Cart Service(unlimited) Residents may bag/bundle" NOTE: Additional charges now apply to set out up to ten(10)additional trash cans, tied any size cart. Unlimited service has been eliminated. bundles(4'or shorter, 60 lbs. or less)or securely Also, bundles definition on pg 2 differs from RFP closed bags weighing 35#or less may be set out as description. necessary at no additional cost " (underlines added). [Pointed out during in person meetings with Mayor held 5/9/22&6/28/22] Pg 13 Proposed Modifications- NOTE: No mention or differentiation of this in Additions/Improvements:Improvements to Current contract Exhibit"A" because there is no designation of Services for Residential Trash:95 gallon Limited: "We unlimited as proposed in RFP. are adding the option to allow customers to subscribe to Limited service with the largest cart size of 95 gallon." [Pointed out during in person meetings with Mayor 5/9/22&6/28/22] Pg 11 Existing Services We Will Continue Providing: Pg 7 Leaf Collection at no Additional Cost: "Service Curbside Leaf Collection: "Annually during the Provider will collect leaves...for a period of 4 weeks month of November" (NOTE: Republic RFP, page 16:6 beginning October 15 or such time as mutually agreed weeks unlimted each Fall) [underline added] upon by the Service Provider and City." (Contract Draft stated 1st of October for 4 weeks) [underlines added] Pg 11 Existing Services We Will Continue Providing: Pg 8 Section D Christmas Trees: Pick-up for two Unlimited Trash Collection Weeks: "Unlimited weeks(NOTE:unlimited curbside trash collection for curbside trash collection available for all residents: the week after Christmas eliminated) Section H •The week after Christmas *During Spring Clean-Up Spring Clean-Up: "...will provide unlimited trash week(approx. the first full week of April)..." service the first full week of April..."NOTE: Bundles description differs from definition on pg 2. Pg 12 Existing Services We Will Continue Providing: Pg 7 Leaf Drop-Off: "One roll-off container(NOTE: Leaf Drop-Off:" Fall(tbd with City of Eagle) Mid- what size?)per 10,000 population...The roll-off October through early December: *Eagle City container shall be placed...beginning on the 3rd week Hall... •West Eagle Park and Ride... *Eagle Sports of October through the 1st week of December." Complex..." NOTE: Locations to be identified by the City and mutually agreed 47,/,/ -5-4?23C1iyrE/) //- / � O OO Vi OO O O O O CA 'T 0 O O O O O VI ' O OA C c —' co 'tin 3 OH °o �• o ao a p G) o c. o C" in .�'„ ar=o v d. N w 'ctil , O 7 'L' �• CA ra AD C. cN• n, A ,_,,y xi C.In CD o g �n ti • r, 0 y rri n fD o S n' p o 'i7 o O O - in Uq Xr.rj CD `� < 'Nr A .y < co v •-n = 71 cn v, CD y n s N C' rn 5 o t i n p .21 'a U a `� n C �' p < t1 - cn ^C r r^10 O O (D p W .o 'b e-' Co 0 co C... 0. C. v, �• C.. ty 3 D =. O ELO C. CA 0 04 O vi CD v' O co m cn o a .. FT 0 0 w 0" Co o CD a N c. aD CI CD CD It - CD 'O .ti C' UQ o �• CID o J; fD .y CO < tiCD CD I O CD C. U CD 1 . Description Please provide answers to the following questions: (1)What date(s)was the executive session held that heard presentations by Hardin Sanitation and Republic Services regarding waste collection services for the City of Eagle? (2)Who attended the executive session(s)? (3)By and to whom was the draft contract submitted initially: Hardin Sanitation to the City of Eagle or vice-versa? (4) What date was this draft contract received by the city or by Hardin Sanitation? (5) How many exchanges/counter proposals of the draft contract occurred between the City of Eagle and Hardin Sanitation? (6)What date(s)did the Contract Review Panel (aka, Subcommittee) meet to review the draft contract and any counter proposals before the draft contract was concluded? (7)On what date was the final draft of the contract received by the City of Eagle? Thank you for your time. Checkboxes Copies Gmaii Bob Van Arnem<bnbvanarnem@gmail.com> Re: Re: 507-2022 1 message Kristl Caron (Eagle,ID)<EaglelD@justfoia.com> Wed, Oct 26,2022 at 4:01 PM Reply-To:4a2fd235-93e2-46b5-8999-e659be1b8255.EaglelD@request justfoia.com To: bnbvanamem@gmail.com Good afternoon Bob, Thank you for submitting your request.Your submittal poses questions, rather than specifying the public records/writings sought. For reference, public records requests are reserved for the requesting of public record/writings, defined in Idaho Code 71-101 as: • (13)"Public record"includes, but is not limited to,any writing containing information relating to the conduct or administration of the public's business prepared, owned, used or retained by any state agency, independent public body corporate and politic or local agency regardless of physical form or characteristics. Provided, however, that personal notes created by a public official solely for his own use shall not be a public record as long as such personal notes are not shared with any other person or entity. • (16)"Writing"includes, but is not limited to, handwriting,typewriting, printing,photostating, photographing and every means of recording, including letters,words, pictures, sounds or symbols or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums or other documents. For questions or further dialogue,you are encouraged to contact the Mayor and/or City Council members with questions related to decisions they have made and the related timelines. Thank you, Kristl Caron Records Specialist City of Eagle On Wed, Oct 19, 2022 at 6:24 pm, Bob Van Amem wrote: Kristl, Thank you for your response to questions 1 and 2. Regarding questions 3,4, 5,and 7, I do not wish to request copies of email correspondence or to examine email correspondence at this time. I understand the City's concern about release of documentation without attorney review; however, as I interpret exemptions from disclosure in Title 74, Chapter 1,various sections, answers to my questions would not qualify for exemption from disclosure,or require attorney review. Certainly the City maintains a file pertinent to this subject, and the information requested can be retrieved in a timely manner. Regarding question 6, I trust staff will provide you with confirmation regarding any additional meetings held by the contract review panel,and I will hear from you regarding this. Thank you for your time. Bob Van Arnem On Mon, Oct 17, 2022 at 5:02 PM Kristl Caron(Eagle, ID)<EaglelD@justfoia_com>wrote: Good afternoon Bob, I apologize for the brevity of my previous email-I had intended to save the incomplete draft but mistakenly hit the "Send"button instead. With regard to your request items: 11/14/2022 t1 . i � " �7i � v Air ` n A Conditional Use Permit for a - ' r I • 4, Height-Exception for """ cT/ie rie w ! :._ Lit a ! ^' Mixed Use Building " `' Eagle,Idaho t. r, illkillIIMMI . k"'',,,, "—""_ Project Location ' !,, j.' W.STATE ST. - ,., t Y r. _.. ', ,, a, 1 slr= 1 m j im; i i , i i , ir--111LII4 - w — . i r, [-,_:.cr 1 4P 4 4t' I1 r. 1 a .J ter r f ' W .liki:_ fil° i 2 1 11/14/2022 Site Photos ,t 7 �_. VIEW FROM NE VIEW FROM SITE LOOKING NE s. j VIEW FROM SITE LOOKING SE VIEW FROM SITE LOOKING NW 3 PARKING: — „ Site Plan 1 1 'S1 I o e = NOT APART OF I THIS SCOPE — • ; g I i .--1 LEGEND a k .,.P11 '. es Parking Garage iResidential Core Area/ rn Amenit es �_ <... '"' "°u 1 BR/1 Ba _� f - I®2BR/2Ba S A EL KA Jl Retail/Commercial SITE ND EL PUN _ Portion of(K)ACHE R.O.W. Requested— to to Vacated i Dedicated of(E)ated Portion (El Property _- -a _ Area to Offset POrtIOn of —,- 'I Proposed ACHD Vacated R.O.W. SITE/GROUND LEVEL PLAN �,, �� _ Al 4 2 11/14/2022 Proposed Ground Level: 3,000 s.f. +/- Commercial Space Along Development the Entirety of State Street and North Portion of Olde Park Place / Covered & Secured Resident Parking Upper Levels (2-4): 21 total Residential Units Single-Family Condominiums — NOT Rental Apartments Parking; Required Parking Stalls : 69 Proposed Parking Stalls: 90 +/- 5 Positive Economic Impact to City of Economic impact of the 4th floor, net positive to the City of Eagle — Planning and Zoning analysis will follow Eagle Our estimate - Property tax revenue for the benefit of the City of Eagle and Ada County, 7 units totaling 11236 livable sq. ft., estimated annual tax revenues when fully built and occupied - approximately $61.000 per year (based on 1% of est'd FMV). Additional sales volume from the potential additional 14 residents residing on the 4th floor in Eagle stores and restaut ants. along with their guests —quantified in Planning & Zoning analysis. Cost to the City for police safety fire protection, and other amenities for the additional 14 people — quantified in Planning & Zoning analysis. 6 3 11/14/2022 1.5 RELATIONSHIP TO EAGLE CITY CODE Eagle is Home Comprehensive Plan "Idaho Code §67-6511 states that "zoning districts shall be in accordance with the adopted plan."In general, this means that zoning must be "in keeping"with the comprehensive plan if one exists. Further, the Eagle City Zoning, Subdivision, and Flood Control code requires consistency between the comprehensive plan and affected zones at the time of rezoning and development approval. Additional zoning classifications and development standards may be needed to ensure the accurate implementation of this plan. " 7 Eagle is Home 6.17 DOWNTOWN EAGLE PLANNING AREA Comprehensive Plan "The Downtown Eagle Plan is intended to focus and solidify the City's planning vision, goals, actions and investments in support of the growth and continued revitalization of Downtown Eagle, to help coordinate private and public investment in the hear of the City of Eagle. It is the City's primary means of guiding land uses and development for properties located within the Downtown Eagle Planning Area."(Emphasis added) 8 4 11/14/2022 Following are excerpts from the Comprehensive Plan that we Eagle is Home have followed, and which support approval of our request Comprehensive Plan for a height exception as recommended by the Planning & Zoning Commission: Section 6.17.2.A.6 (page 124) "Encourage[s]high density and intensity development to locate in Downtown Eagle creating a more vibrant center. "It goes on to "Encourage and promote residential uses in and within walking distance of Downtown Eagle enabling a more efficient use of existing infrastructure investment and resource while offsetting the high cost of land and creating a more convenient place to live and work." Section 6.17.2.A.7.b (also page 124) notes that, "Creating an active residential presence in downtown reduces the daily transportation issues (congestion and parking) commonly found in commercially dominated downtowns." 9 We are committed to the additional guidance of Eagle is Home incorporating design to complement historic structures, and Comprehensive Plan as owners of Rembrandts, our hope is to integrate walking pathways and connectivity with our existing historic structure. Section 6.17.3 (page 129), specific to Olde Town Planning Area, states, "Olde Towne Eagle should maintain the quaint feel of traditional town center; as the active community center and community gathering place for the City. The character of Olde Towne is generally defined by its pedestrian-scale (attached sidewalks, store fronts with large windows at the sidewalk, and open space amenities), ensuring context sensitive design complementing the most significant historic structures. A traditional mix of retail, residential, office, and public uses is to be maintained. State Street should be the focus for the highest intensity uses in the area." 10 5 11/14/2022 This section (page 130)goes on to state (page 130), Eagle is Home "Encourage and promote people living in and within a Comprehensive Plan reasonable walking distance of Olde Towne Eagle to enable more efficient use of the existing infrastructure investment and resources, off-set the high cost of land, and create a more convenient place to live and work." . Subsection G.(page 132)states, "Design new buildings to punctuate the fabric of downtown with towers, grand entrances and special roof forms that emphasize the character of the Old Towne." Subsection H (also page 132)states, "Land uses in the Olde Towne area should promote mixed use with retail and commercial on the first floor and office and residential uses on the upper floors." Subsection L.(also page 132)states, "Promote Olde Towne as a place to live by entitling most property in the Olde Towne for housing(upper levels only)." -, 11 tigure6.34:Housing Styles in Four Corners Area Comprehensive Plan Figure 6.34(page 145)shows a picture -_- ,,..-t---"u.eiWol: (middle) of a mixed-use building under ,a A-lt fl ,<� �`n � � �romsl:bx<ser,m the caption of Housing Styles in Four ' rfir `°tnesm e3eGxY Corners Area with the following • description: ,y "3-5 story buildings with residential Miz.d c..: 3-,...ku.d.,,.:d,tond«ed d.mu,and of- above retail and office uses on lower Ore notnt tniiorol�"mado.- ndonli"' floors. These buildings will have a pt4mm<et 6cxtdm wtm ins wwdowr and wd include < bilbn. .a.,-- s ad<d trout etbacks&go< Y .pat,cta:z a"ac<dnt....m<mt.. prominent first floor with large windows A` and will include building undulations with varied front setbacks that create y'"•- Multi-Familc patios,plazas and pedestrian amenities." 111 long ®d:�n�;:d,nm.��� The picture itself is a 4-story building ;als Itro.¢W ` with a 5th level tower, larger in height {„I than our proposed structure, but similar to our concept design renderings. 12 6 11/14/2022 Comprehensive Plan Figure 6.25:Architectural Styles * ���^��,� 5, §T._ Complementary to Olde Towne 1 ►�;�,� . _; I - ll �>iM 4 . I -1 —1 ,l I l l 13 Proposed Design Direction. .. e Stepped back 0'floor along Stat.-, y ----------------.. Street IN ., e-Traditional/pedestrian scale @ ,. � ground level storefront i, a l I I`. ._ Boutique-like architecture with more �� I ■ L L. T 'L traditional archet ical forms and YP r... .r.t. f. - treatments r 7 _ . 1- . I a . .' : conceptual in nature �..- . .- r - µ --:;,. " following g�ldance from the �� � ::_ � - 1. r ', ;ate .. ,. Plan a still subje to Design 4 " ' 14 7 11/14/2022 Conclusion We request approval of this height exception, as recommended by the Planning Commission, so that we may continue our work to meet the objectives of the Comp Plan through working with Eagle Design Review, and while welcoming the input of other Eagle residents. Approval will help move the Downtown Eagle Planning Area to fruition, where it has largely been in blight for the last two decades. We believe that as invested participants already resident in historical Downtown Eagle, we will have the best opportunity to work with the City of Eagle on developing a design that aligns with the Comprehensive Plan, and which is responsive to the citizens of Eagle. Thank you for your consideration of our request and supporting our efforts to bring added value to Olde Towne Eagle. 15 Questions? 16 8 11/14/2022 . 17 L(C Z 0 :, LiiiiEnlarged fig„ r—. _.. �. ,..�.,,,.r.r Site Plan MIIM ,ate I _ RETAR/RAFE .f-1 L ISAD. 6 STALLS RE'CIUIRED t r ` j1,243 S F 1 I ._ s- 23 22 21 20 19 ' 18 17 16 ' 15 2 ii m o O Y i t F DRIVEWAY ..w. a �1 21 .-x.....i 13 LEGEND r _ _ _ tl 12 Parking Garage n= 24 25 26 2) 28 29 30 31 32 33 ]L Residential Core Area Il Amenities 30 189/18a _ _.__. 9 289/28a ENLARGED 1 2 3 4 5 6 ) 8 u. , 111E/GROUND r +.a;+�, iv 0 1 Reta l/Commercial LEVEL PLAN Portion of(Et ACHD 8.0 W Requested to be Vacated Ae OPortionofProperty O r . Area to ea at d Pot Potionn oj of G 'Proposed ACHD Vacated R O W. ENLARGED SITE/GROUND LEVEL PLAN m61 ,�A2 18 9 11/14/2022 UNIT 2C LI.i 2BR/2Ba Residential 1,844 s.f. Level Plan , Ni _.., UNIT 2D \" 28R/2Ba >•Y1 - — I 1,671 s.f. —- - UNIT 2B 2 BR/2Ba - '�'I"I a `� 1,576 s.f __... i�lil� 2 3 UNIT2E 'y� UNIT 2A . 0.. • Sto./Amenity1 BR/1 Ba 2 BR/2Ba Lim s f '"•••l ' .1 I 1,026 s.f. 1,672 s.f. 'i- .. UNIT 2F _ I 2BR/2Ba 1,694 s.f. co.ataxai ss i I -__.. .... RESIDENTIAL LEGEND LEVEL PLAN _w I - Parking Garage a"•^ Residential Core Area/ --- RESIDENTIAL LEVEL PLAN Amenities YUNIT 2G tAR/lga One Res.Floorit Are 14,446 s.f. '• '�` �. = e Overall Res.Unit Area:11,136 s.f. 2BR/2Ba 2BR/211a 1,758 s f, u4« TOP.@ LEVELS 2.384 "" ""r Retail/Commercial A3 19 Elevations . r I ' Aft �i. l1 -1p it .• 1 t ( FILM .ckt11 . .,14 ✓�' s / 1 20 10 11/14/2022 r 1...[A Elevations fI a lit f II I!. 1111. III! Aim Sam as MI. ; : Ht. l1` r 1�.+ ,, 1.t t IIIeft! Iil. .stIt alC p •. a .4.110 e; s 1 i 17 1EAST ELEVATION iiI i; $ "v I f PLNEMPIRRRIRA 1IMO d uuu !II Pe »ot. �.L.. ,. COxMNI.M USf "" 't! 0. Val $ 11S 1111a Ili El !1! 4t*' I ELEVATIONS .. .Ear la.ur:. �„ - 'et' � -Ii lt.1l11iLimi1i►ir4r'*Ii.:- ?t'l1 Ili.. r 17 2 NORTH ELEVATION , •• A4 21 f 1.lA Elevations f r mom !! IF ji. i I® 0:l 11I At. ■t 31 Lip II .0 leaI s I!'' f 1 ' Lip, ..'.�.rii iil ie'I �• .4 Jiali '^ O�.H .i co Xi £ 1 ill ; . A r s :; 1e Y 1 WEST ELEVATION &4 3 ,T fcu x 1 .ia a. g.:E ! iit ® i. . :IN III u .l "" 'L:•` I =�d flit.w .° .. _. :IIi II J 111111VI 110 k.. - Ei vvnn LP PATIO,AIOk _.. hi;i al _. 0 0 Now 0 ii 0 -.. „ I. ` r '' {, y V�2 SOUTH ELEVATION ,I_1 A5 22 11/14/2022 L:L Roof Plan EMI .1 I; i CONORIONAL LISP ROOF PLAN o ROOF PLAN 5064 A6 v„E 23 Building Section APPROR.LOCATION OF X.EQUIPMENT SCREEN WALL ON 600NGPOUNO) O PARAPET54' a, F _-- PAPEL 4 �SXAFT RES.UNIT 4G STORAGE IwXERE RES.UNIT4C RES OFON • OCCURS I IIOURTLI '. LEVEL'46.. RES.UNIT 3G STORAGE I RES.UNIT3C IRKS DLCK N N TIRO LEVEL RES.UNIT2G STORAGE RES.UNIT2C RES DECK Cf i44�[' L OLEVEL Ilk CANOPY UN FOPfGROUNOI PARKING RETAIL GROUND LEVEL r. 1.61M9 1 BUILDING SECTION a a•a• e 24 12 11/14/2022 Massing UNDULATING WALL PLANES STEPPED BACK MASSING - aw„�"_ r �1 � 1II. Y !1~ Ili '.'1:ri I 1 _ --- : 1 ,, •to •IP ' ` a ! I'1-1, 5.I — :If t, .,, 1 ' 4::i.._.,,1 tj tI ' 1TT�r I,, i IfI. I _ ' y Y10.8 ;I,r'' , V a- • \ ; 11AI� {.. Opt��� • � �y�� 011,s= � 25 UNDULATING WALL PLANES Massing STEPPED BACK MASSING ________________________21,11 11411111111.... III I , 1 I IIIII."''''""'"..."-r I:—I!'#11' '.- -; I 5 A Or \ i, ' 1 ------ III. i lb a ;.. r + i'I �1 _ y.../ 1 h ' - - .:.:.------,-.:7---7:_,,..14.-.1',*-_„'flk.;1111i°'''31__•;411VH liald I ' -_ . ,,- i �`� � 20 0"BUILDING OFFSET =a. 26 13 11/14/2022 Site Specific ssC#2: Conditions The maximum height of the building shall not exceed 54'-6". Proposed Clarification: In the event the adjacent finish grade (@ the building's perimeter) slopes to the degree of requiring multiple finish floor (slab) elevations, the finish floor elevation of 0'-0" (100'-0") is assumed to coincide with the highest of these. 27 Site Specific SSC#3: Conditions Provide revised building elevations showing the fourth floor to be terraced back from the third floor. The revised elevations shall be reviewed and approved by the Design Review Board and City Council prior to the issuance of the zoning certificate. Proposed Clarification: The Applicant will work with the Design Review Board and City Council to address specific design considerations. 28 14 11/14/2022 - ,. ,..- , . _ im,,,..,:, ..„,,,..., ._....,... .,. 17ri . ' --, �$, i 1 (' t t1 �' �1a� . _ F , ...,,.:, ,r. 4,, ,--4 -- - - „....„. ... ,.,•• 1 y s' d.,.� r.'14 4 • -'''''--';-'4e-,;,1f,:„4,l„4.„-4i 4:.:...1:„','f,:!,y:-,-,.-,.,'",-:f''','-'''r1'„"'-,:---,.,,-.,.••:•`.-.4,,..1..-.:-,.',.i:..,,,...''.,.-7.,.,.':..-*•',7,,:„l-vi...V,'-4„i‘4..'„:!'N-.t:'.;"`.,-,:-":::.:-i,f•-_,„r'.'*i.-..1,*i-1.-4',,•.,-,.:::,t!t,,:r,rL--,,,,;;k,.i'1.i.-.-.•2,.1-..1t-•. _ '.-_ . -.i, ,---...•"A•-f.`-t',,, •-', -,•1/4',. 1..'" t- g"- 6 - - d. it "- i1 `(.. t ° ,1, +^- ;,r. ate'. 2,+4.t -.`" ! Mt�' ♦ ` • 4 I ,Jr' .4...y . F.. 'e -r te a ": #''' 29 15 11/14/2022 h , Building Height Exception and o Waiver of Required Lot Coverage * * ; cu-1O-22 •(c\�CL I ��o E I Eagle City Council Public Hearing November 9, 2022 City Staff: Michael J.Williams,CFM,Planner Ill Phone: 939-0227 E-Mail: 1 d"a Project Summary North 45 Investments, LLC, represented by Walter Lindgren with Lindgren:LaBrie Architecture, is requesting: • A building height exception to 54-feet, 6-inches. The request is in association with a proposed four (4) story mixed use building. • The .96-acre site is located on the east side of South Olde Park Place between West State Street and West Aikens Road at 45 and 75 West State Street and 64 and 96 South Olde Park Place. z • 1 11/14/2022 City Council Direction • The City Council requested a fiscal impact analysis be provided based on the proposed building uses being located within a three (3) or four (4) story structure. • Staff has prepared three (3) iterations of the fiscal impact tool associated with building uses and multi-family vs single-family attached (condos). Scenario "1" is based on a three-story building and Scenario "2" is based on a four-story building. 3 Iteration "A" Commercial first floor/Multi-family residential above NET FtSCA!IMPACT:30-Year Cumulative Results 30-Year Total Net Fiscal Impact-Scenario Comparisons • City of Eagle Fiscal Impact Model($1,000) SCENARIO Category Grand Total TOTAL REVENUES 5347 $404 $0 TOTAL EXPENDITURES 5158 5177 $O NET FISCAL IMPACT $189 $228 $O AVERAGE ANNUAL FIXAL WPM Cr $6 Se 50 30-Year Total Net Fiscal Impact"Scenario Comparisons City of Eagle Fiscal Impact Model($1,000) SCENARIO Category Opernlinq Operating Revenues 5325 5372 $0 Operating Expendhures 5134 $147 50 OPERATING NET FISCAL IMPACT $191 $225 SO capitol .,....... Capital Revenues S22 $33 SO Capital Expenditures 524 S30 SO CAPITAL NET FISCAL IMPACT ($4 S3 SO GRANO TOTAL NET FISCAL IMPACT $Ig9 5218 $0 AVERAGE ANNUAL FISCAL IMPACT S6 SB SO Check Net huallmpact by cenanu 5189 $728 $O Should=0=_= SO $0 5O 4 2 11/14/2022 Iteration "B" Commercial first floor/Single-family attached residential (condos) above NETTISCAL IMPACT.'30-Tear Cumulative Results 30-Year Total Net Fiscal Impact-Scenario Compaq soot City Of Eagle Fiscal Impact Model($1.000) SCENARIO .7 Category Grand Total TOTAL REVENUES 5345 $402 $0 TOTAL EXPENDITURES S172 5198 50 NET FISCAL IMPACT $173 $204 $0 4. AVERAGE ANNUAL FISCAL IMPACT $6 $7 SO .3 1 10-Year Total Net Fiscal Impart-Scenario Comparisons }}. City of Eagle Fiscal Impact Model($1,0001 3 SCENARIO Category • Opetntin0 Operating Revenues 5323 $369 SO Operating Expenditures 5141 $157 $0 OPERATING NET FISCAL IMPACT $182 $211 SO r Capitol Capital Revenues 522 533 50 Capital Expenditures 531 541 Sa _*I� CAPITAL NET FISCAL IMPACT ($9) ($8) $0 _ < GRANO TOTAL NEI FISCAL IMPACT $173 $204 $0 . AVERAGE ANNUAL FISCAL IMPACT 56 $7 50 Check . Net focal Impact by scenano $173 5204 SO Should O_�:._> SO ... SO $UJ �i., 5 Iteration "C" Commercial first floor/Office second floor/Single-family attached residential (condos) above 10-Year Total Net F Ural Impact-Scenario Comparisons -- Ci of Ea:le Fiscal lm• ct Model$1000 . 7 1 2 0 t Cates Grand Total TOTAL REVENl1F:5 5611 $167 $0 TOTAL.EXPENDITURES $312 5339 SO 111M111117.31111=1© ®®11111111111111113 30-Year Total Net Fiscal Impact-Scenario Comparisons Cit of E.:le Fiscallm•.. Model$1,000 I 2 Cate-• lik". ' Operolin9 Operating Revenues $599 $645 O) atln-Ex•:nditwes $269 $286 Capitol Capital Revenues $11 522 $0 Capital Ex• nditures 543 553 50 CAPITAL NET FISCAL IMPACT ©' GRAND TOTAL NET FISCAL IMPACT ®IIIIIIIIIIM :A Cheat Net fiscal impact by scenario $298 $329 Should=0-- 5O SO 6 3 11/14/2022 Vicinity Map in - 9 t ; 9 9 a''......-.';': '' " 9 9 9 9 w State SI W Stave SI W State St W State SI : E State St E State St I en .c 9 x. C: i PROJECT SITE I-j i 1.1 : i 9 I . i i : 1 9 The Aerie Mixed-Use SE Corn,of W State Street 6 S Ode Park Place VICINITY MAP Fagl.,Idaho Site Plan .. . ... _---_-, -a----1 1 .. — — Twor_ ... _wontwo ••• -, . I 1 I I.1 to I I,I i PRO E L3 I I I BUILD NO I 1 I, I I i THIS SCOPE .... , I' ' ..... I-` — --.....----.......- - ...--1 I -R...,-.•.-s• I - • • I : 1 I I -'- - 1 j LT _ ... I '-----_ — r -1 r---------t_r— --- I I , - 1 n1 Pi I' :0 k • ' i\ 8 4 11/14/2022 . Buildin : Elevations di E r I' Ii. U` IN �-, esy . e *al... • Building Elevations T/re ierie 1...[ Ili _ Ilgj ip ,x r- .1.1 i_ a •.it M,e#r • • ilifi: ,,,,„„.. imr. l'4j f 10 5 11/14/2022 Site Data SITE DATA PROPOSED REQUIRED Total Acreage of .96-acres 500-square feet Site Percentage of Site 34% 95%(maximum) Devoted to 40"%(minimum) Building Coverage Percentage of Site 10% 10%(minimum) Devoted to Landscaping Number of 98-spaces 69-spaces(minimum) Parking Spaces Front Setback 12-feet* 10-feet(minimum)** (south) Rear Setback 3-feet 0-feet(minimum) (north) 11 Issues of Special Concern • Building Design and Lot Coverage • Parking located within a separate lot 12 6 11/14/2022 Comprehensive Plan 6.17 Downtown Eagle Planning Area 6.17.3 Olde Town Planning Area Z. Encourage the use of terraced (stepped back) vertical mixed-use buildings that allow for office, commercial, retail, and residential within a single building while reducing/avoiding a monolithic building wall along the street and sidewalk plane(See Figure 6 26) Figure 6 26 Examples of Terraced Building Design ` is If = w 13 K z Zoning Code • Eagle City Code Section 8-2-3:Schedule of District Regulations: A parking lot/parking gar.. ! ires a oo I titA141 a. to within the cixtC' t USAleSS zoning district. • Eagle City Code Section 8=2A-6( ) )(f). Lot coverage by the footprint of the structure shall be a minimum of forty percent(40%)and a maximum of =, ninety five percent(95%)in which case off site parking shall be provided for. The lot coverage requirement may be waived if development of the lot as a parking lot is reviewed by the design review board and is approved by the council. Furthermore,the minimum lot coverage requirement may he reduced by the council for the purpose of providing adequate onsite parking in accordance with the provisions of this title for structures that include residential uses on floors other than the ground floor. • Eagle City Code Section 8-7-3-1:Purpose and Interpretation of Conditional U. C. Exceptions or waivers of standards within Title 8 or Title 9,other than use,inclusive of the subject matt addressed by Section 8-7-4-2 or Section 9-6-3"Variances"may be permitted through issuance of a 14 7 11/14/2022 Site Specific Conditions of Approval 2. The maximum height of the building shall not exceed 54-feet,6-inches. 3. Provide revised building elevations showing the fourth floor to be terraced back from the third floor. Th revised elevations shall be reviewed and approved by the Design Review Board and City Council prior to th issuance of a zoning certificate. 4. The applicant shall submit a lot line adjustment application to the extent required for the proposed i development(building. required parking,and landscapine etc.)to be situated on one parcel; am remalmn parcels shall be in conformance with Eagle City Code.The lot line adjustment application shall be revio\c and approved by the Zoning Administrator and City Engineer prior to recordation.The applicant shall provide a copy of the recorded lot line adjustment prior to the issuance of a zoning certificate. �rt • • 1 Staff Recommendation Based upon the information provided to staff to date, if the City Council approves the height exception request then staff recommends the site specific conditions of approval on of the Staff Report. The • standard conditions of approval are provided on of the Staff Report. 16 8 11/14/2022 Planning Commission Recommendation On September 6, 2022, the Eagle Planning and Zoning Commission voted (4 to 0, McLaughlin absent) to recommend of this application with the site specific conditions of approval and standard conditions of approval provided on page 10 of the Planning and Zoning Commission Findings of Fact and Conclusions of Law. • • End of Presentation is 9 11/14/2022 Comprehensive Plan Map Designation & Zoning Map Designation COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Dow ntown CBD(Central Business District) Vacant parcels Proposed No Change No Change Mixed use building(inclusive of P residential) Downtown CBD(Central Business District) Jackson fuel service and convenience North of site store South of site Downtown R-4(Residential) Single-family residential home East of site Downtown CBD(Central Business District) Vacant parcel and restaurant Downtown CBD(Central Business District)and R-4 Drugstore and single-family residences • West of site (Residential) • in 10 INTER City of Eagle Zoning Administration OFFICE To: Mayor Pierce and City Council Members From: Morgan Bessaw AICP CFM, Planner II File No: Date: November 9, 2022 Attachment(s): Draft Ordinance On October 17, 2022,the Eagle Planning and Zoning Commission held a public hearing on the attached ordinance and unanimously recommended approval. Page l of 1 K:'Planning Dept\Eagle Applications\ZOA\2022\ZOA-04-22 Noticing\ZOA-04-22 pz action.doc ORDINANCE NO. 888 AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY IDAHO,AMENDING TITLE 8 "ZONING",CHAPTER 7"ZONING ADMINISTRATION AND ENFORCEMENT", SECTION 8 "NOTICE REQUIREMENTS"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to adopt, establish and amend a Zoning Ordinance; and WHEREAS, the Mayor and Council have determined that good cause exists for amending the Eagle City Zoning Code to update the public hearing notice requirements; and WHEREAS, the proposed changes to the Eagle Zoning Code are in accordance with the City of Eagle Comprehensive Plan; WHEREAS, it is the intent of the Eagle City Council to provide Eagle citizens with sufficient and appropriate notice for all public hearings; and NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE,Ada County, Idaho; Section 1: That Title 8, Chapter 7, Section 8, be and is hereby amended, to read as follows with underline text to be added and strike-through text to be deleted: 8-7-8: NOTICE REQUIREMENTS: B. Neighborhood Meetings: Applicants shall conduct a neighborhood meeting within six (6) months of the application submittal date for comprehensive plan amendments, annexations, rezones, variances, conditional uses, zoning ordinance map amendments, and subdivisions. A neighborhood meeting shall not be required for City initiated applications. 1. Meeting Requirements: b. The purpose of the neighborhood meeting is for the applicant to provide project information to the property owners or purchasers of record mentioned in subsection B I a of this section. (2) The meeting shall be held either on the application property;at the nearest public meeting place, or at an office space location with suitable meeting facilities if such facilities are located within the city of Eagle area of impact planning boundary as identified within the comprehensive plan. Page 1 of 3 K:\Planning Dept\Eagle Applications\ZOA\2022\ZOA-04-22 Noticing\ZOA-04-22 Ordinance 888 public hearing notice requirements update.docx E. Posted Notice: Except as noted within this subsection, any time notice is required under subsection D of this section, the land being considered shall be posted not less than ten (10) calendar days prior to the planning and zoning commission hearing and again not less than ten(10) calendar days prior to the city council hearing. For comprehensive plan land use map amendments, and/or zoning ordinance map amendments consisting of changes to more than ten (10) parcels of land posted notice shall not be required unless all parcels under request for amendment are contiguous and if the parcels abut a public right of way. In such cases a minimum of one (1) four foot by eight foot (4' x 8') plywood sign shall be placed adjacent to the right of way. Otherwise, three (3) notices in the official newspaper or paper of general circulation, with the third notice appearing a minimum of ten (10) calendar days prior to the public hearing, shall be published. Posted notice shall not be required for City initiated applications. Except as noted herein, posting of the property must be in substantial compliance with the following requirements: 1. Signage Requirements: c. Size Of Signs for Conditional Use Permits Made Pursuant to Subsections 8-3-2 (E), 8-5- 2 (C),and 8-7-3-1 (C): In lieu of the abeve conditions;required within this section€er-eenditional made pursuant to subsection 8 3 2E of this title only, the Zoning Administrator may, upon finding that adequate notice will be provided, sign-snail cans ef-ene (1) eleven inch by seventeen inch (11" x 17") sign permit the use of smaller, weather-resistant sign(s) sufficient to inform the public of the name of the applicant, , ' able; , the date, time, place, and nature of the public hearing and a summary of the proposal to be considered. 2. Location Of Signs: The sign(s) shall be posted on the land being considered along each roadway that is adjacent to it. The signs shall be located on the property outside of the public right- of-way, if they can be so located and remain clearly visible from the roadway; otherwise, the consent of the owner of the right-of-way must be obtained and the sign(s) located therein. Except as noted herein, if the land being considered consists of more than one parcel of record, a sign must be located upon each parcel. , of this section. In the event that the land being considered includes properties with five hundred feet (500') or more of road frontage, a sign shall be placed on each end of the property roadway frontage. If this the property includes a corner lot,three(3)signs shall be posted,one on the corner and one OR near each end of the property roadway frontages. Upon finding that adequate notice will be provided, the Zoning Administrator may not require all signs to comply with the size requirements of subsection El of this section and may not require the posting of a sign upon every parcel. Section 2: The provisions of this ordinance are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason,such declaration shall not affect the validity of remaining portions of this ordinance. Section 3: This ordinance shall take effect and be in force from and after its passage, approval, and publication as required by law.In lieu of publication of the entire ordinance,a summary thereof in compliance with Section 50-901A, Idaho Code, may be published. Page 2 of 3 K:\Planning Dept\Eagle Applications\ZOA\2022\ZOA-04-22 Noticing'ZOA-04-22 Ordinance 888 public hearing notice requirements update.docx Approved and adopted this day of , 2022. CITY OF EAGLE Ada County, Idaho JASON PIERCE MAYOR ATTEST: TRACY E. OSBORN CITY CLERK Page 3 of 3 K:'Planning DepOEagle Applications\ZOA\2022\ZOA-04-22 Noticing\ZOA-04-22 Ordinance 888 public hearing notice requirements update.docx