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Agenda - 2003 - City Council - 10/28/2003 - RegularTHE CITY OF EAGLE CITY COUNCIL AGENDA October 28, 2003 7:30 P.M. ORIGINAL PRE -COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. Ada County Sheriff s Office: Sgt. Dana Borgquist will present the monthly report for September. 2. Donna Griffen and Elizabeth Connor will present information regarding Eagle Island State Park. (15 min.) 3. Mayor and Council's Report: 4. City Engineer Report: 5. City Clerk/Treasurer Report: 6. Zoning Administrator's Report: 7. City Attorney Report: REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. 3. PLEDGE OF ALLEGIANCE: 4. PUBLIC COMMENT: 5. 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 Rules of Order. • 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. • All design review applications will be appealed by the Zoning Administrator to the City Council for their review and approval. A. Claims Against the City. B. Findings of Fact and Conclusions of Law for Countryside Estates FPUD-9-03 & FP- 11-03 — Final Development Plan and Final Plat for Countryside Estates PUD Subdivision No. 3 — Countryside Estates LLC.: Countryside Estates LLC, represented by Steve Arnold with Briggs Engineering, are requesting final development plan and final plat approval for Countryside Estates Subdivision No. 3, a 27-lot (22-buildable, 5 common) residential subdivision. This 11.02-acre phase of Countryside Estates PUD Subdivision is located near the northwest corner of Ballantyne Road and State Highway 44 (State Street). (WEV) C. Findings of Fact and Conclusions of Law for CU-4-03 & PP-2-03 - Paddy Row Subdivision — Steve Roth: Steve Roth, represented by Jane Suggs, is requesting a conditional use permit and preliminary plat approval for Paddy Row Subdivision, a 30-lot (24-buildable, 5-common, 1-private street) residential subdivision. The 3.55-acre site is generally located on the north side of 2nd Street approximately 50-feet north of Plaza Drive at 150 South 2nd Street. (WEV) D. Findings of Facts and Conclusion of Law for V-2-03 - Variance From The Minimum Finished Floor Elevation Above The Base Flood Elevation — Steve Roth: Steve Roth, Page 1 of 4 K:\COUNCILWGENDA\Temporary Agenda Work Area\CC-10-28-03ag.doc THE CITY OF EAGLE CITY COUNCIL AGENDA October 28, 2003 7:30 P.M. Represented By Jane Suggs, Is Requesting City Approval Of A Variance From The Requirement To Construct The Residential Finished Floor Two -Feet (2') Above The Base Flood Elevation, And From The Requirement To Construct Roadways And Manholes'/ -Foot (0.5') Above The Base Flood Elevation. The Site Is Generally Located Site On The Northeast Corner Of 2nd Street And Plaza Drive, At 150 South 2nd Street. (WEV) E. DR-41-03 - Three Story Retail/Anartment Building - Edythe Rogers Trust: Edythe Rogers Trust, represented by James Gipson with James Gipson Associates, is requesting design review approval to construct an 8,678-square foot three story commercial/residential building. The site is located on the southeast corner of 2nd Street and Idaho Street at 135 North 2nd Street.(WEV) F. Findings of Fact and Conclusions of Law for PP/FP-1-03 - Merrill Subdivision No. 4 (Rocky Mountain Business Park) — Dave Evans Construction: Dave Evans Construction, represented by Dave Evans, is requesting combined preliminary plat and final plat approval for Merrill Subdivision No. 4 (a re -subdivision of Lot 12, Block 3, Merrill Subdivision No. 2, formally known as Rocky Mountain Business Park). The 2.29-acre, 6-lot commercial subdivision is located at 501 S. Fitness Place. (WEV) G. Appointment to the Planning and Zoning Commission: The Mayor is requesting Council confirm the appointment of Sue Lien to the P&Z Commission. She will be serving a 3 year term. (NM) H. Appointment to the Design Review Board: The Mayor is requesting Council confirm the appointment of Jack Zastrow to the Design Review Board. He will be serving a 3 year term. (NM) I. Approval of contract with Gibbons, Scott and Dean LLP for audit of 2002-2003 fiscal records. (SKM) J. Approval of contract with Lloyd Campbell for site at the corner of Beacon Light Road and Highway 55. (SKM) 6. PROCLAMATIONS & RESOLUTIONS: None 7. FINAL PLATS: A. FPUD-7-03 & FP-9-03 — Final Development Plan and Final Plat for Brookwood Subdivision No. 9 - Aries Development. LLC: Aries Development, LLC represented by Mike Hormaechea, is requesting final development plan and final plat approval for Brookwood Subdivision Phase 9, a 38-lot (32-buildable, 6-common) residential subdivision. This 16.44-acre (approx.) phase of Brookwood PUD is located on the north side of Floating Feather Road and west of Feather Nest Estates Subdivision. The site is within the Eagle City Limits. This item was continued from the October 14, 2003 meeting. (WEV) B. FPUD-8-03 & FP-10-03 — Final Development Plan and Final Plat for Brookwood Subdivision No. 10 — Aries Development LLC: Aries Development, LLC, represented by Mike Hormaechea, is requesting final development plan and final plat approval for Brookwood Subdivision Phase 10, a 22-lot (18-buildable, 4-common) residential subdivision. This 15.82-acre (approx.) phase of Brookwood PUD is located on the north side of Floating Feather Road and west of Feather Nest Estates Subdivision. The site is within the Eagle City Limits. This item was continued from the October 14, 2003 meeting. (WEV) 8. UNFINISHED BUSINESS: Page 2 of 4 K:\000NCILIAGENDA\Temporary Agenda Work Area\CC•10-28-03ag.doc THE CITY OF EAGLE CITY COUNCIL AGENDA October 28, 2003 7:30 P.M. A. DR-36-03 — Common Area Landscaping for Brookwood Subdivision Phases 9 and 10 — Aries Development LLC: Aries Development LLC, represented by Phil Hull with The Land Group, is requesting design review approval of the common area landscaping within Brookwood Subdivision Phases 9 and 10. The two phases are located on the north side of Floating Feather Road adjacent to Phase 6 and adjacent to Feather Nest Estates and Lexington Hills Subdivisions. (WEV) This item was continued from October 14, 2003 meeting. It should be heard in conjunction with items 6A & 6B . B. CU-09-02 - Public Service Facility/ Height Exception Request — 138kV Sub - Transmission line — Idaho Power: Idaho Power, represented by Layne Dodson, is requesting conditional use approval to construct a 138kV sub -transmission line and a height exception request to construct utility poles with heights ranging from approximately 70 to 85- feet (35 to 50-feet higher then the required maximum of 35-feet). The specific routing of the new sub -transmission line will connect with the existing 138kV power line near the intersection of Edgewood and State Street. The new line will proceed west along State Highway 44 to Ballantyne Road, where the line will be constructed along the same route as the existing power lines that parallel the highway, to the new Star, Idaho, substation site. It should be noted that it has not yet been determined which side of the bypass the line will traverse; this item is left to be determined from comments received at the public hearings as well as the determination of the Eagle Planning and Zoning Commission and the Eagle City Council. This item was continued from October 14, 2003 meeting. (WEV) 9. PUBLIC HEARINGS: A. The City of Eagle, Idaho received an Idaho Community Development Block Grant in the amount of $420,000.00. These funds are currently being used to help provide 49 units of affordable rental housing for elderly residents of Eagle. The hearing will include a review of project activities and accomplishments to date, a summary of all expenditures to date, a general description of remaining work and any changes made to the scope of work, budget schedule, location, or beneficiaries. (SKM) B. RZ-3-03 - Rezone With Development Agreement From R-4 To MU-DA — Paramount Parks at Eagle LLC: Paramount Parks at Eagle LLC, represented by Gerald Teal with Teal Architects, is requesting a rezone from R-4 (up to four dwelling units per acre) to MU-DA (Mixed Use with development agreement). The 2.9-acre site is located on the west side of Eagle Road approximately 800-feet south of Floating Feather Road at 813 N. Eagle Road. This item was continued from the October 14, 2003 meeting. (WEV) C. CU-9-03 — Smith's Eagle Chevron — Rick and Sandy Smith: Rick and Sandy Smith, represented by Rick Toews with BRS Architects, are requesting conditional use approval to allow a 960-square foot addition to the existing Smith's Eagle Chevron convenience store with fuel service. The 1.5-acre site is located on the west side of Eagle Road at 503 Eagle Road within the North Channel Center Subdivision. (WEV) D. ZOA-5-03 — Zoning Ordinance Amendment — City of Ea lie: The City of Eagle is proposing to amend Eagle City Code Title 8 "Zoning", Section 8-1-1 (D)(1) to remove the reference to the construction of private streets; to amend Title 9 "Subdivisions" Section 9-1-6 "Rules and Definitions" amending the "Planned Unit Development" definition to remove the reference to private streets; to repeal Section 9-3-2-1 (I) "Private Streets"; to amend Section 9-3-2-5 to remove the provision allowing private streets and the construction thereof; and to repeal Section 9-5-4-3 (B) "Private Streets". This item was continued from the September 23, Page 3 of 4 K:\000NCIL\AGENDA\Temporary Agenda Work Area\CC-10-28-03ag.doc THE CITY OF EAGLE CITY COUNCIL AGENDA October 28, 2003 7:30 P.M. 2003 meeting. Staff is requesting this item be continue this item to the November 11, 2003 meeting. (WEV) E. ZOA-1-03 — Zoning Ordinance Amendment — City of Eagile: City of Eagle is proposing to amend Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Article A "DR Design Review Overlay District", amending the code to modify the architecture and site design criteria for development located within the DR design review overlay district, and to adopt a supplemental guidebook to define specific period architectural styles, themes, and elements envisioned for the further enhancement of the City. This item was continued from the October 14, 2003 meeting. Staff is requesting this item be continued to the November 11, 2003 meeting.(WEV) 10. NEW BUSINESS: A. Review and aouroval of accounting software contract. (SKM) B. Review and action on nrouosal submitted by the Eagle Girl Scouts to install a Peace Pole at Merrill Park. 11. ADJOURNMENT: Page 4 of 4 K\COUNCIL\AGENDA\Temporary Agenda Work Area\CC-10-28-03ag.doc