Agenda - 2017 - City Council - 08/08/2017 - RegularTHE CITY OF EAGLE
CITY COUNCIL AGENDA
Eagle City Hall, 660 E. Civic Lane
August 8, 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; INCLUDING THE
CONSENT 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 t he 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. Traffic Box Wrap Artist Agreements: Authorizing the Mayor to enter into agreements with two
(2) artists to create artwork to be placed on Traffic Boxes. Each artist will receive $1,000
compensation for their artwork. (SR)
C. Findings of Fact and Conclusions of Law for CPA-01-17/A-01-17/RZ-03-17/CU-01-17/PPUD-
01-17/PP-01-17 – Bald Eagle Pointe Planned Unit Development – Martin, LLC: Martin, LLC,
represented by Shawn Nickel with SLN Planning, is requesting a comprehensive plan map
amendment to change the future land use map designation from Residential One to Residential
Two, a comprehensive plan text amendment to modify Section 6.8.4 – River Plain Planning Area,
an annexation, rezone from RUT (Rural-Urban Transition – Ada County designation) to R-3-DA-
P (Residential with a development agreement – PUD), conditional use permit, preliminary
development plan, and preliminary plat approvals for Bald Eagle Pointe Subdivision, a 71-lot (63-
buildable, 8-common) residential planned unit development. The 41.15-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. (WEV)
D. Resolution No. 17-20 – Resolution to Amend the 2015 Eagle Comprehensive Plan for Bald
Eagle Pointe Planned Unit Development: A resolution of the Eagle City Council, Eagle, Ada
County, Idaho amending the text of the 2015 Comprehensive Plan in the River Plain and Moon
Valley & State Planning Areas and the Future Land Use Map for the Bald Eagle Pointe Planned
Unit Development. (NBS)
CITY COUNCIL AGENDA
August 8, 2017 5:30 P.M.
Page 2 of 3
E. Findings of Fact and Conclusions of Law for PP/FP-02-17 & CU-02-17 – Kestrel Commons
Subdivision – David Callister: David Callister, represented by Travis Perry, is requesting
combined preliminary/final plat and conditional use permit approval for Kestrel Commons
Subdivision, a 2-lot (1, 4-unit multi-family dwelling, 1 commercial building) mixed-use
development. The 0.38-acre site is located on the east side of South Kestrel Place approximately
250-feet south of West State Street at 174 South Kestrel Place. (WEV)
F. Findings of Fact and Conclusions of Law for RZ-04-17 – Rezone from MU (Mixed Use) to
MU-DA (Mixed Use with a Development Agreement in lieu of a PUD) for Mustang Crossing
Mixed Use Commercial Development – Jacksons Food Stores/Scott Stom: Jacksons Food
Stores/Scott Stom, represented by Todd Lakey with Borton-Lakey Law and Policy, is requesting a
rezone from MU (Mixed Use) to MU-DA (Mixed Use with a development agreement [in lieu of
PUD]) for Mustang Crossing mixed use commercial development, which includes a convenience
store with fuel service. The 11.22-acre site is located on the northeast corner of Park Lane and
State Highway 44, on Lots 1, 4, and 9 of the Amended Plat of Flint Estates, at 3950 West State
Street. (WEV)
G. FP-13-17 – Final Plat for Eaglefield Village Subdivision – Toll ID I, LLC: Toll ID I, LLC,
represented by Becky McKay with Engineering Solutions, is requesting final plat approval for
Eaglefield Village Subdivision, a 38-lot (30 buildable, 7 common, 1 future development)
residential subdivision. The 9.83-acre site is generally located on the north side of State Highway
44, west of Linder Road, at the western terminus of West Escalante Drive at 5342 West State
Street. (WEV)
H. Minutes of July 25, 2017. (SKB)
I. Minutes of July 31, 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. CU-04-17 – 138 kV Transmission Line – Idaho Power: Idaho Power, represented by Jeff
Maffuccio, is requesting conditional use permit approval to construct a 138 kV transmission line
along the south side of West Beacon Light Road (extending from the substation site located on the
southeast corner of West Beacon Light Road and North Linder Road) to North Palmer Lane and
then extending south on the east side of North Palmer Lane to SH 44. The application also
includes permitting for a future 138 kV transmission line route along the south side of West
Beacon Light Road extending from North Palmer Lane west to SH-16. (WEV) This item was
continued from the July 25, 2017, City Council meeting.
B. ZOA-01-17 – Zoning Ordinance Amendment - City of Eagle: An ordinance of the City of
Eagle, Ada County Idaho, amending Title 2 “Boards and Commissions”, Chapter 2 “Design
Review Board”, Sections 1, 2, 4; and amending Title 8 “Zoning”, Chapter 2 “Zoning Districts and
Map”, Article A “Design Review Overlay District”; providing a severability clause; and providing
an effective date.
The proposed ordinance amendment establishes recommendation duties and authorities of the
Design Review Board and Zoning Administrator, and provides for the final decision on design
review applications to be made by the City Council. (WEV)
CITY COUNCIL AGENDA
August 8, 2017 5:30 P.M.
Page 3 of 3
9. NEW BUSINESS:
A. Ordinance No. 783: An ordinance changing the zoning classification of the real property
described herein from MU (Mixed Use) classification to MU-DA (Mixed Use with a Development
Agreement); amending the zoning map of the city of Eagle to reflect said change; and providing an
effective date. The 1.55-acre site (Larkin Village Subdivision) 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)
B. FP-08-17 – Final Plat for Stillwater Subdivision – Corey Elitharp, Eli Price Development,
LLC: Eli Price Development, LLC, represented by Kirsti Grabo with KM Engineering, LLP, is
requesting final plat approval for Stillwater Subdivision No. 1, a 78 -lot (71 buildable, 7 common)
residential subdivision. The 22.8-acre site is located on the south side of State Highway 44 at the
southwest corner of West State Street and State Highway 44. (WEV)
C. FP-10-17 – Final Plat for See One Subdivision (formerly known as C1 Subdivision) – David
Callister: David Callister, represented by John Carpenter with T-O Engineers, is requesting final
plat approval for See One Subdivision, a 10-lot (9 buildable, 1 common) residential subdivision.
The 5.70-acre site is located on the east side of Park Lane approximately 1,200-feet south of
Beacon Light Road at 2440 North Park Lane. (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 w ith 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:
1. Discussion of November and December City Council meeting dates.
B. City Hall Department Supervisor Reports:
C. City Attorney Report:
12. EXECUTIVE SESSION: §74-206(1)(b)(f). 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:
(f) 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: IDWR v. Emmert.
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.
THE CITY OF EAGLE
CITY COUNCIL AGENDA
Eagle City Hall, 660 E. Civic Lane
August 8, 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; INCLUDING THE
CONSENT 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. Traffic Box Wrap Artist Agreements: Authorizing the Mayor to enter into agreements with two
(2) artists to create artwork to be placed on Traffic Boxes. Each artist will receive $1,000
compensation for their artwork. (SR)
C. Findings of Fact and Conclusions of Law for CPA-01-17/A-01-17/RZ-03-17/CU-01-17/PPUD-
01-17/PP-01-17 — Bald Eagle Pointe Planned Unit Development — Martin, LLC: Martin, LLC,
represented by Shawn Nickel with SLN Planning, is requesting a comprehensive plan map
amendment to change the future land use map designation from Residential One to Residential
Two, a comprehensive plan text amendment to modify Section 6.8.4 — River Plain Planning Area,
an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to R -3 -DA-
P (Residential with a development agreement — PUD), conditional use permit, preliminary
development plan, and preliminary plat approvals for Bald Eagle Pointe Subdivision, a 71 -lot (63 -
buildable, 8 -common) residential planned unit development. The 41.15 -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. (WEV)
D. Resolution No. 17-20 — Resolution to Amend the 2015 Eagle Comprehensive Plan for Bald
Eagle Pointe Planned Unit Development: A resolution of the Eagle City Council, Eagle, Ada
County, Idaho amending the text of the 2015 Comprehensive Plan in the River Plain and Moon
Valley & State Planning Areas and the Future Land Use Map for the Bald Eagle Pointe Planned
Unit Development. (NBS)
Pagel of 3
CITY COUNCIL AGENDA
August 8, 2017 5:30 P.M.
E. Findings of Fact and Conclusions of Law for PP/FP-02-17 & CU -02-17 — Kestrel Commons
Subdivision — David Callister: David Callister, represented by Travis Perry, is requesting
combined preliminary/final plat and conditional use permit approval for Kestrel Commons
Subdivision, a 2 -lot (1, 4 -unit multi -family dwelling, 1 commercial building) mixed-use
development. The 0.38 -acre site is located on the east side of South Kestrel Place approximately
250 -feet south of West State Street at 174 South Kestrel Place. (WEV)
F. Findings of Fact and Conclusions of Law for RZ-04-17 — Rezone from MU (Mixed Use) to
MU -DA (Mixed Use with a Development Agreement in lieu of a PUD) for Mustang Crossing
Mixed Use Commercial Development — Jacksons Food Stores/Scott Stom: Jacksons Food
Stores/Scott Stom, represented by Todd Lakey with Borton-Lakey Law and Policy, is requesting a
rezone from MU (Mixed Use) to MU -DA (Mixed Use with a development agreement [in lieu of
PUD]) for Mustang Crossing mixed use commercial development, which includes a convenience
store with fuel service. The 11.22 -acre site is located on the northeast corner of Park Lane and
State Highway 44, on Lots 1, 4, and 9 of the Amended Plat of Flint Estates, at 3950 West State
Street. (WEV)
G. FP -13-17 — Final Plat for Eadefield Village Subdivision — Toll ID I, LLC: Toll ID I, LLC,
represented by Becky McKay with Engineering Solutions, is requesting final plat approval for
Eaglefield Village Subdivision, a 38 -lot (30 buildable, 7 common, 1 future development)
residential subdivision. The 9.83 -acre site is generally located on the north side of State Highway
44, west of Linder Road, at the western terminus of West Escalante Drive at 5342 West State
Street. (WEV)
H. Minutes of July 25, 2017. (SKB)
L Minutes of July 31, 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. CU -04-17 — 138 kV Transmission Line — Idaho Power: Idaho Power, represented by Jeff
Maffuccio, is requesting conditional use permit approval to construct a 138 kV transmission line
along the south side of West Beacon Light Road (extending from the substation site located on the
southeast corner of West Beacon Light Road and North Linder Road) to North Palmer Lane and
then extending south on the east side of North Palmer Lane to SH 44. The application also
includes permitting for a future 138 kV transmission line route along the south side of West
Beacon Light Road extending from North Palmer Lane west to SH -16. (WEV) This item was
continued from the July 25, 2017, City Council meeting.
B. ZOA-01-17 — Zoning Ordinance Amendment - City of Eagle: An ordinance of the City of
Eagle, Ada County Idaho, amending Title 2 "Boards and Commissions", Chapter 2 "Design
Review Board", Sections 1, 2, 4; and amending Title 8 "Zoning", Chapter 2 "Zoning Districts and
Map", Article A "Design Review Overlay District"; providing a severability clause; and providing
an effective date.
The proposed ordinance amendment establishes recommendation duties and authorities of the
Design Review Board and Zoning Administrator, and provides for the final decision on design
review applications to be made by the City Council. (WEV)
Page 2 of 3
CITY COUNCIL AGENDA
August 8, 2017 5:30 P.M.
9. NEW BUSINESS:
A. Ordinance No. 783: An ordinance changing the zoning classification of the real property
described herein from MU (Mixed Use) classification to MU -DA (Mixed Use with a Development
Agreement); amending the zoning map of the city of Eagle to reflect said change; and providing an
effective date. The 1.55 -acre site (Larkin Village Subdivision) 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)
B. FP -08-17 — Final Plat for Stillwater Subdivision — Corey Elitharp, Eli Price Development,
LLC: Eli Price Development, LLC, represented by Kirsti Grabo with KM Engineering, LLP, is
requesting final plat approval for Stillwater Subdivision No. 1, a 78 -lot (71 buildable, 7 common)
residential subdivision. The 22.8 -acre site is located on the south side of State Highway 44 at the
southwest corner of West State Street and State Highway 44. (WEV)
C. FP -10-17 — Final Plat for See One Subdivision (formerly known as Cl Subdivision) — David
Callister: David Callister, represented by John Carpenter with T -O Engineers, is requesting final
plat approval for See One Subdivision, a 10 -lot (9 buildable, 1 common) residential subdivision.
The 5.70 -acre site is located on the east side of Park Lane approximately 1,200 -feet south of
Beacon Light Road at 2440 North Park Lane. (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:
1. Discussion of November and December City Council meeting dates.
B. City Hall Department Supervisor Reports:
C. City Attorney Report:
12. EXECUTIVE SESSION: §74-206(1)(b)(f). 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:
(f) 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: IDWR v. Emmert.
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