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Agenda - 2022 - City Council - 05/10/2022 - Regular OFT THE CITY OF EAGLE CITY COUNCIL MEETING o AGENDA * * Eagle City Hall, 660 E. Civic Lane May 10, 2022 5:30 PM GLE, I� 1. CALL TO ORDER: GINDLESPERGER,PIKE,BAUN,RUSSELL 2. ROLL CALL: 3. PLEDGE OF ALLEGIANCE: 4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA: 5. PRESENTATIONS: A. Valley Regional Transit Budget Discussion. 6. REPORTS: A. Mayor and Council Reports: B. City Hall Department Supervisor Reports: C. City Attorney Report: 7. PUBLIC COMMENT 1: The Eagle City Council is taking both in-person and remote public comment via WebEx. meeting login instructions are posted on https://www.cityofeagle.org/1698Nirtual-Meetings . If you just want to watch the meeting,without giving comment,please watch our livestream at https://www.cityofeagle.org/305/City-Agendas-Videos. 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. 8. ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS:A 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 Councild€TMs Consent Agenda approval motion unless specifically stated otherwise. A. Claims against the City. B. Temporary License Agreement between the City of Eagle and ACHD: A Temporary License Agreement between the City of Eagle and ACHD for the installation of traffic box art. (BLA) C. DR-50-21 MOD—Common Area Structures within Kingfisher Cove Townhomes Subdivision— Don Newell: Don Newell,represented by Doug Russell with The Land Group,Inc.,is requesting design review approval for the common area structures(mailbox,pool equipment,pool restroom,and pool pavilion structures)within Kingfisher Cove Townhomes Subdivision. The 10.68-acre site is located on the northeast corner of West State Street and State Highway 44. (ERG) D. DR-50-21 MOD2—11 Townhome Buildings(63-Units)within Kingfisher Cove Townhomes Subdivision—Don Newell:Don Newell,represented by Doug Russell with The Land Group,Inc.,is requesting design review approval for eleven(11)townhome buildings(63-units)within Kingfisher Cove Townhomes Subdivision(one—5,103-SF,three—8,601-SF,five— 10,340-SF,one— 12,099-SF, one— 13,838-SF). The 7.38-acre site is located on the northeast corner of West State Street and State Highway 44. (ERG) E. DR-15-22—Common Area Landscaping within Pescara Estates Subdivision—801 BTH,LLC: 80: BTH,LLC,represented by Kim Siegenthaler with Jensen Belts Associates, is requesting design review approval for the common area landscaping within Pescara Estates Subdivision. The 16.36-acre site is located on the south side of East Beacon Light Road approximately 2,280-feet east of North Eagle Road at 801 East Beacon Light Road. (BAW) F. DR-16-22—Subdivision Entry Monument Sign for Pescara Estates Subdivision—801 BTH,LLC: 801 BTH,LLC,represented by Kim Siegenthaler with Jensen Belts Associates,is requesting design review approval for one subdivision entry monument sign for Pescara Estates Subdivision. The 16.36- acre site is located on the south side of East Beacon Light Road approximately 2,280-feet east of North Eagle Road at 801 East Beacon Light Road. (BAW) G. DR-17-22—Common Area Landscaping within Carrara Estates Subdivision—CC Chase,LLC: CC Chase,LLC,represented by Brian Garrett with Brian Garrett Architecture and Design,LLC, is requesting design review approval for the common area landscaping,including a pool house(1,205-SF) for Carrara Estates Subdivision. The 66-acre site is located on the north side of West Floating Feather Road approximately 2,190-feet west of North Eagle Road. (BAW) H. DR-18-22—Subdivision Entry Monument Signs for Carrara Estates Subdivision—CC Chase, LLC: CC Chase,LLC,represented by Brian Garrett with Brian Garrett Architecture and Design,LLC, is requesting design review approval for two subdivision entry monument signs for Carrara Estates Subdivision. The 66-acre site is located on the north side of West Floating Feather Road approximately 2,190-feet west of North Eagle Road. (BAW) I. Findings of Fact and Conclusions of Law for the Approval of A-08-21/RZ-09-21/CU-06-21/PPUD- 06-21/PP-11-21—Annexation,Rezone with a Development Agreement, Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat for Beaconwood Subdivision: Jane Suggs Gem State Planning is requesting an annexation,rezone from R2(Low Density Residential—Ada County designation)to R-2-DA-P(Residential with a development agreement—PUD),conditional use permit,preliminary development plan, and preliminary plat approvals for Beaconwood Subdivision, a 77-lot(72-buildable, 5-common)residential planned unit development. The 37.34-acre site is located on the southeast corner of West Beacon Light Road and North Lanewood Road. (MNB) J. FPUD-05-22 &FP-05-22—Final Development Plan and Final Plat for Bald Eagle Pointe Subdivision No.2—WPG BEP,LLC: WPG BEP,LLC,represented by Becky McKay with Engineering Solutions,LLP, is requesting final development plan and final plat approvals for Bald Eaglc Pointe Subdivision No. 2, a 32-lot(29-buildable, 3-common),residential subdivision. 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) K. Development Agreement Associated with RZ-14-00 MOD2—Modification of Conditions of Development Agreement(Ada County instrument#101134699)—John Day Staff is requesting approval of the development agreement associated with the modification of conditions of development #2.5 (associated with permitted uses) and#2.14(associated with setbacks)of the executed development agreement(Ada County instrument#101134699). The City Council approved the modifications of conditions of development#2.5 and#2.14 on January 11,2022. (MJW) L. Development Agreement Associated with RZ-06-14 MOD/RZ-14-20&PP-07-20-Kingfisher Cove Townhomes: Staff is requesting approval of the development agreement associated with the rezone from MU-DA(Mixed Use with a development agreement)to R-9-DA(Residential with a development agreement[in lieu of a PUD]). The City Council approved the associated rezone and preliminary plat applications on August 10,2021 (RZ-06-14 MOD/RZ-14-20&PP-07-20). (MJW) M. Minutes of April 12,2022. (TEO) N. Minutes of April 21,2022. (TEO) O. Minutes of April 26,2022. (TEO) P. Zencity Platform: Staff is requesting Council approval expenses relating to Zencity platform services. Zencity gathers and processes organic feedback from channels throughout the community. The services will be for twelve months and expenses shall not exceed$18,000. ARPA funds will be utilized for the expense.Approved purchasing procedures have been followed,with the utilization of services under a State of Idaho NASPO cooperative purchasing agreement. (JWP) Q. Request to Shift Funding in the Fiscal Year 2022-2026: A request to shift funding in the Fiscal Year 2022-2026 Capital Plan from TRL CM-11,FEMA Trail Repairs#4A for installation of security access control and video systems for City-owned park properties, an amount not to exceed$95,531.13,the amount approved by City Council on December 14,2021. (KR) R. GWC Impact Fee Reimbursement Agreement: Reimbursement Agreement with GWC for engineering design work of a Regional Sports Park site located at SH-16 and Equest Lane in an amount not to exceed$247,800. (JWP/VV) S. Findings of Fact and Conclusions of Law for the Approval of FPUD-01-22 and FP-01-22—Final Development Plan and Final Plat for Mosscreek Subdivision No. 1—5806 W State St LLC: 5806 W State St LLC,represented by Darcy Hart with Urban Solutions,LLC, is requesting final planned unit development and final plat approvals for Mosscreek Subdivision No. 1, a 36-lot(30-buildable, 6- common),residential subdivision. The 11.2 -acre site, is located at the west terminus of West Escalante Drive, south terminus of North Tempsford Way,and 5806 West State Street. (MNB) T. *Appointment to the Design Review Board: In accordance with Resolution 14-19,Mayor Pierce is requesting Council confirmation of the appointment of Jo Greer to the Design Review Board. Ms. Greer will be serving a three(3)year term that will expire May 2025. (JWP) 9. UNFINISHED BUSINESS: NONE 10. ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTIONITEMS PUBLIC HEARINGS: Public hearings will not begin prior to 6:00 p.m. The Eagle City Council is taking both in-person and remote public comment testimony via Webex. Meeting login instructions are posted on https://www.cityofeagle.org/1698Nirtual-Meetings. If you just want to watch the meeting,without giving testimony,please watch our livestream at https://www.cityofeagle.org/305/City-Agendas-Videos. • 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. ACTIONITEM: RZ-12-08 MOD4—Development Agreement Modification—Restored Community Church: Restored Community Church,represented by Randy Haverfield,AIA,with Architecture Northwest,PA, is requesting a development agreement modification to the rezone development agreement associated with the Restored Community Church. The request is for an increase of maximum lot coverage to allow construction of a new church facility within the site. The 5.52-acre site is located on the south side of West Floating Feather Road approximately 1000-feet east of North Park Lane at 3633 West Floating Feather Road. (MJW) B. ACTIONITEM: CU-03-18 MOD—Building Height Exception—AMS Hospitality. AMS Hospitality,represented by Johnny Hilfiker,is requesting approval of a conditional use permit modification for a building height exception to 54-feet. The request is in association with a proposed four(4)story hotel. The 4.36-acre site is located within the Molinari Park development at the southwest corner of East Plaza Drive and South Palmetto Avenue. (MJW) C. ACTIONITEM: CU-03-22—Change of Nonconforming Use—Craig R. Shotwell: Craig R. Shotwell is requesting conditional use permit approval for a change of nonconforming use to allow an addition to the existing residence(located within the required front yard setback). The 2.00-acre site is located on the north side of the terminus of West Rush Court at 741 West Rush Court. (MJW) 11. NEW BUSINESS: A. ACTION ITEM: DR-19-22—Three Apartment Buildings [incl. 11,000-SF Retail] and Common Area Landscaping within Molinari Park Subdivision—Silverado Management: Silverado Management, represented by Walter Lindgren with Lindgren:Labrie Architecture, is requesting design review approval for three(3)apartment buildings(one—85,029-SF [including 1,000-SF retail],one—69,844- SF,one—77,844-SF)and common area landscaping within Molinari Park Subdivision. The 7.16-acre site is located on the south side of East Plaza Drive approximately 1,200-feet east of the intersection of South 2nd Street and East Plaza Drive at 401 East Cedar Ridge Street. (ERG) B. ACTIONITEM: Non-Compliance of Conditions of Approval associated with Preliminary Extension of Time for Stillwater Subdivision—Stillwater Development Partners,LLC,Corey Elitharn. City staff will present to the City Council the status of non-compliance regarding the conditions of approval for the last approved extension of time(EXT-13-20 MOD). The 39.7-acre site is located on the south side of State Highway 44 at the southwest corner of West State Street and State Highway 44. (MJW) C. ACTION ITEM: Ordinance 873—Annexation and Rezone: An ordinance annexing certain real property situated in the unincorporated area of Ada County,Idaho, and contiguous to the corporate limits of the City of Eagle,to the City of Eagle,Idaho; changing the zoning classification of certain real property described herein from RUT(Rural-Urban Transition—Ada County Designation)to R-E-DA (Residential-Estates with a development agreement); 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. (MNB) 12. PUBLIC COMMENT 2: The Eagle City Council is taking both in person and remote public comment via Webex. Meeting login instructions are posted on https://www.cityofeagle.org/1698Nirtual-Meetings. If you just want to watch the meeting,without giving comment,please watch our livestream at https://www.cityofeagle.org/305/City-Agendas-Videos. 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. 13. 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: (c) To acquire an interest in real property which is not owned by a public agency; (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; A. ACTIONITEM Action regarding acquisition of real property at 8600 W.Equest Lane,Eagle ID, 83616. B. ACTIONITEM: Regarding pending/threatened litigation. 14. ADJOURNMENT: The City will make reasonable accommodations for anyone attending this meeting who require special assistance for hearing,physical or other impairments. Please contact the City Clerk's Office at(208)939-6813 at least 24 hours in advance of the meeting date and time.