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Agenda - 2023 - City Council - 02/28/2023 - Regular • THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho • February 28, 2023 5:30 PM INVOCATION: 1. CALL TO ORDER: 2. ROLL CALL: GINDLESPERGER,PIKE,BAUN,RUSSELL. 3. PLEDGE OF ALLEGIANCE: 4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA: 5. REPORTS: A. Mayor and Council: B. Department Supervisor: C. Eagle Police Department: D. City Attorney: 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. 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. 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. Minutes of February9,2023. (TEO) C. Service Order#2 Addendum-Between the Cie of Eagle and Fatbeam : Fatbeam is requesting a change order to Service Order#2 to update the completion date for Joint Trench#1,#2, #3 and#4. (ELZ) D. Service Order#3 Addendum-Between the Ci , of Eagle and Fatbeam : Fatbeam is requesting a change order to Service Order#3 to update the completion date for Joint Trench#1 and#2. (ELZ) E. A Subscription Agreement Between the Ci , of Eagle and Patron Point : A Subscription Agreement between the City of Eagle and Patron Point, a provider of digital marketing tools for the Library.An amount not to exceed$1,000 for a one-time set-up fee and a yearly subscription in the amount of $945.00. (SJB) F. Findings of Fact and Conclusions of Law for the Approval of RZ-04-18 MOD2-Madera Development,Inc.: Madera Development,Inc.,represented by Jon Breckon and Mary Wall with Breckon Land Design,is requesting a modification to the rezone development agreement associated with the approved Bellemeade Subdivision. The request is to modify the front yard setback identified in the previously approved Condition of Development 3.4. The 10.99-acre site is located on the north side of West Flint drive at the northeast corner of West Flint Drive and North Park Lane at 3850 West Flint Drive and 312 North Park Lane. (MJW) RZ-04-18 MOD2 Bellemeade DA MOD2 cc£pdf G. Findings of Fact and Conclusions of Law for the Approval of CU-18-22 Waiver of Rear Setback- Mark and Carissa Summers: Marl-,and Carissa Summers are requesting conditional use permit approval for a waiver to reduce the rear setback from 25-feet to 10- feet on Lot 19, Block 9,within Riversend Subdivision No. 2. The .40-acre site is located on the south side of East Riversong Drive approximately 50-feet north of the intersection of East Garden Brook Drive and East Riversong Drive at 1225 East Riversong Drive. (MJW) CU-18-22 Summers cc£pdf H. Findings of Fact and Conclusions of Law for the Approval of PP-14-22 -Stadium View Center Subdivision-Margie and Jerron Porchia: Margie and Jerron Porchia are requesting preliminary plat approval for Stadium View Center Subdivision, a 10-lot(8-buildable [5-residential,2-commercial],2- common) mixed use subdivision. The 2.56-acre site is located on the west side of North Horseshoe Bend Road approximately 130-feet south of intersection of West Bonita Hills Boulevard and North Horseshoe Bend Road at 10201 North Horseshoe Bend Road. (MJW) PP-14-22 Stadium View Sub cc£pdf L Findings of Fact and Conclusions of Law for the Approval of A-13-22/RZ-17-22 -Annexation and Rezone from RR to R-E-DA-Colleen Marks: Colleen Marks is requesting an annexation with rezone from RR(Rural Residential-Ada County designation)to R-E-DA(Residential-Estates with a development agreement). The 1.00-acre site is located on the east side of North Hawk Wing Lane approximately 300-feet north of the intersection of West Homer Road and North Hawk Wing Lane at 4940 North Hawk Wing Lane. (MJW) James Annexation Rezone cc£pdf J. DR-63-18 MOD-Modification to the Common Area Landscaping within Bellemeade Subdivision -Thomas Ricks: Thomas Ricks,represented by Carmen Weber with Breckon Land Design, is requesting design review approval to modify the common area landscaping within Bellemeade Subdivision. The 10.99-acre site is located on the northeast corner of West Flint Drive and North Park Lane at 3850 West Flint Drive and 312 North Park Lane. (BAW) Bellemeade LS MOD dr action.pdf K. DR-78-22 -Common Area Landscaping and Amenities within Farmstead Subdivision-WH Eagle 80,LLC: WH Eagle 80, LLC,represented by Dave Yorgason, is requesting design review approval of the common area landscaping and amenities within Farmstead Subdivision. The 80.23-acre site is located on the north side of West Floating Feather Road between North Linder Road and North Park Lane. (BAW) Farmstead LS dr action.pdf L. DR-80-22 -Common Area Landscaping within Valnova Subdivision No. 1 -GWC Capital,LLC GWC Capital, LLC represented by Eric Langvardt with Langvardt Design Group,is requesting design review approval for the common area landscaping within Valnova Subdivision No. 1 (fka Lot 17,Blocl-, 1, Spring Valley Subdivision No. 1). The 61.65-acre site is generally located approximately 3/4-mile northeast of the intersection of State Highway 16 and Equest Lane(approximately 1 mile north of Beacon Light Road and Linder Road intersection). (ERG) Valnova Sub No. 1 LS dr action.pdf M. DR-81-22 - Two Neighborhood Entry Monument Signs for Valnova Subdivision No. 1 - GWC Capital,LLC: 1 GWC Capital,LLC,represented by Eric Langvardt with Langvardt Design Group, is requesting design review approval for two neighborhood entry monument signs for Valnova Subdivision No. 1. The 61.65-acre site is generally located approximately 3/4-mile northeast of the intersection of State Highway 16 and Equest Lane (approximately 1 mile north of Beacon Light Road and Linder Road intersection). (ERG) Valnova Sub No. 1 Neighborhood Entry Sign dr action.pdf N. Development Agreement Associated with RZ-04-18 MOD2 -Madera Development,Inc. : Madera Development, Inc.,represented by Jon Breckon and Mary Wall with Breckon Land Design,is requesting a modification to the rezone development agreement associated with the approved Bellemeade Subdivision. The request is to modify the front yard setback identified in the previously approved Condition of Development 3.4. The 10.99-acre site is located on the north side of West Flint drive at the northeast corner of West Flint Drive and North Park Lane at 3850 West Flint Drive and 312 North Park Lane. (MJW) RZ-04-18 MOD2 Bellemeade DA cc.pdf 8. UNFINISHED BUSINESS: NONE 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-14-22 -Conditional Use Permit for Eagle Fire Station No.2 -Eagle Fire Protection District Eagle Fire Protection District,represented by Tamara Thompson with The Land Group,Inc., is requesting conditional use permit approval for a new emergency services facility,waiver of minimum lot coverage, and a change of nonconforming use based on the size of property. The 4.40-acre site is located on the west side of North Horseshoe Bend Road approximately 500-feet south Beacon Light Road at 12655 North Horseshoe Bend Road. (MJW) CU-14-22 Eagle Fire Station#2 cc pkt.pdf 10. NEW BUSINESS: NONE 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. 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: (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 Pending/Threatened Litigation. 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.