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Agenda - 2023 - City Council - 07/11/2023 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho July 11, 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. PRESENTATION: A. Update from ACHD on the Downtown Eagle Mobility Improvements(State Street and Eagle Road Intersection). 7. 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. 8. CONSENT AGENDA: ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTIONITEMS. 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 June 8,2023. (TEO) C. Minutes of June 22,2023. (TEO) D. Minutes of June 27,2023, (TEO) E. Minutes of June 29,2023. (TEO) F. Findings of Fact and Conclusions of Law for the Approval of CU-02-23 -Building Height Exception and Waivers of Front Setback and Accessory Dwelling Unit Maximum Square Footage -Greg Andersen: Greg Anderson,represented by Jay Gibbons, is requesting conditional use permit approval for an accessory building height exception to 32-feet, 1.5-inches,waiver of the accessory dwelling unit(ADU)maximum square footage, front setback waiver, and fence waiver. The 0.7-acre site is located on the northwest corner of South Parkinson Street and East Dunyon Street at 2344 East Dunyon Street. (MJW) CU-02-23 -Andersen Findings of Fact G. Findings of Fact and Conclusions of Law for the Approval of RZ-18-22/PP-23-22—Silvercreek Subdivision—Eagle River Development,LLC: Eagle River Development,LLC,represented by Dave Yorgason, is requesting a rezone from A(Agricultural)to R-2-DA(Residential with a development agreement [in lieu of a PUD]) and preliminary plat approvals for Silvercreek Subdivision, a 53-lot(41- buildable, 12-common)residential subdivision. The 65.39-acre site is located on each side of West Mace Road approximately 1,740-feet west of the intersection of West Windbreaker Lane and West Mace Road at 1522 and 1811 West Mace Road. (MJW) Silvercreek Subdivision Findings of Fact H. DR-21-23—Common Area Landscaping within Willowbrush Subdivision—TH Lost River,LLC: TH Lost River, LLC,represented by Antonio Conti with Ackerman-Estvold, is requesting design review approval for the common area landscaping within Willowbrush Subdivision. The 5.39-acre site is located on the southwest corner of North Park Lane and West Beacon Light Road at 2795 North Park Lane. (BAW) Willowbrush Subdivision Landscaping Design Review Board Action L Findings of Fact and Conclusions of Law for the Approval of DR-26-23—Palmetto Plaza—One Bar/Retail Building and One Multi—tenant Commercial Building within Palmetto Plaza—TERM Investments,LLC: TERM Investments, LLC,represented by Rebecca Forster,is requesting design review approval for two buildings [one 1,920-SF bar/retail building and one 9,284-SF multi-tenant commercial building] within Palmetto Plaza. The 1.1-acre site is located on the southeast corner of East Plaza Drive and South Palmetto Avenue at 781 East Plaza Drive(Lot 17, Block 3,Merrill Subdivision No. 2). (BAW) Two Buildings within Palmetto Plaza City Council Findings J. Findings of Fact and Conclusions of Law for the Approval of DR-27-23—Master Sign Plan for Palmetto Plaza,Including Three Building Wall Signs for Sturman's—TERM Investments,LLC: TERM Investments,LLC,represented by Rebecca Forster, is requesting design review approval for a master sign plan for Palmetto Plaza, including three building wall signs for Sturman's. The 1.1-acre site is located on the southeast corner of East Plaza Drive and South Palmetto Avenue at 781 East Plaza Drive (Lot 17, Block 3, Merrill Subdivision No. 2). (BAW) Palmetto Plaza Master Sign Plan City Council Findings K. Memorial Bench for Fe Limbo Recla: Request for Council approval for a memorial bench to be located on the South Chanel of the river. (ELZ) 9. UNFINISHED BUSINESS: NONE 10. PUBLIC HEARINGS:ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS. 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. A-08-22/RZ-10-22/CU-09-22/PPUD-06-22/PP-16-22-Annexation,Rezone, Conditional Use Permit,Preliminary Development Plan and Preliminary Plat for Shetland Point Subdivision- Steve Arnold: Steve Arnold with A Team Land Consultants is requesting an annexation,rezone from R1 (Residential—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 Shetland Point Subdivision, a 13-lot(11-buildable,2-common)residential planned unit development. The 5.10-acre site is located on the west side of North Park Lane approximately 400-feet south of the intersection of West Floating Feather Road and North Park Lane at 1025 North Park Lane. (MJW) Shetland Point Subdivision Staff Report B. A-03-23/RZ-04-23 -Annexation and Rezone From RR(Rural Residential-Ada County Designation) to PS (Public/Semipublic)-Ci , of Eagle: The City of Eagle,represented by Daniel Miller, is requesting annexation and rezone from RR(Rural Residential—Ada County designation)to PS (Public/Semipublic) for one (1) 10.01-acre parcel(Parcel No. R331410200). The 10.01-acre site is located at the intersection of West Equest Lane and State Highway 16 at 8600 West Equest Lane. (DLM) Koeppen A-RZ Staff Report C. PU-01-23 -Valnova Planning Unit Master Plan (PUMP)No.2 -Ci , of Eagle: The City of Eagle, represented by Daniel Miller, is requesting approval of Planning Unit Master Plan(PUMP)No. 2 as part of the Valnova Planned Development. PUMP No. 2 consists of 81.06-acres and is proposed to designate the land as Regional Open Space (ROS),pursuant to Eagle City Code Title 11A and in accordance with the amended and restated development agreement associated with the Spring Valley/Valnova Development. The 81.06-acre site is generally located on the northeast corner of State Highway 16 and Equest Lane. (DLM) Valnova PUMP No. 2 Regional Open Space Designation Staff Report D. PU-02-23 -Valnova Planning Unit Master Plan (PUMP)No.3 -Ci , of Eagle: The City of Eagle, represented by Daniel Miller, is requesting approval of Planning Unit Master Plan(PUMP)No. 3 as part of the Valnova Planned Development. PUMP No. 3 consists of 603.04-acres and is proposed to designate the land as Regional Open Space(ROS),pursuant to Eagle City Code Title 11A and in accordance with the amended and restated development agreement associated with the Spring Valley/Valnova Development. The 603.04-acre site is comprised of(2)parcels and is generally located on the east side of Willow Creels Road, approximately three and a half miles north of the intersection of Beacon Light Road and Willow Creels Road. (DLM) Valnova PUMP No. 3 Regional Open Space Designation Staff Report 11. NEW BUSINESS: A. ACTIONITEM: Findings of Fact and Conclusions of Law for A-03-23/RZ-04-23 -Annexation and Rezone From RR(Rural Residential-Ada Coun , Designation)to PS (Public/Semipublic)-CitX of Eagle: The City of Eagle,represented by Daniel Miller, is requesting annexation and rezone from RR (Rural Residential—Ada County designation)to PS (Public/Semipublic) for one(1) 10.01-acre parcel (Parcel No. R331410200). The 10.01-acre site is located at the intersection of West Equest Lane and State Highway 16 at 8600 West Equest Lane. (DLM) Koeppen A-RZ Findings of Fact B. ACTIONITEM: Findings of Fact and Conclusions of Law for PU-01-23 -Valnova Planning Unit Master Plan(PUMP)No. 2 -Cijy of Eagle: The City of Eagle,represented by Daniel Miller, is requesting approval of Planning Unit Master Plan(PUMP)No. 2 as part of the Valnova Planned Development. PUMP No. 2 consists of 81.06-acres and is proposed to designate the land as Regional Open Space(ROS),pursuant to Eagle City Code Title 11A and in accordance with the amended and restated development agreement associated with the Spring Valley/Valnova Development. The 81.06- acre site is generally located on the northeast corner of State Highway 16 and Equest Lane. (DLM) Valnova PUMP No. 2-ROS Designation Findings of Fact C. ACTIONITEM: Findings of Fact and Conclusions of Law for PU-02-23 -Valnova Planning Unit Master Plan(PUMP)No. 3 -Cijy of Eagle: The City of Eagle,represented by Daniel Miller, is requesting approval of Planning Unit Master Plan(PUMP)No. 3 as part of the Valnova Planned Development. PUMP No. 3 consists of 603.04-acres and is proposed to designate the land as Regional Open Space(ROS),pursuant to Eagle City Code Title 11A and in accordance with the amended and restated development agreement associated with the Spring Valley/Valnova Development. The 603.04- acre site is comprised of(2)parcels and is generally located on the east side of Willow Creels Road, approximately three and a half miles north of the intersection of Beacon Light Road and Willow Creels Road. (DLM) Valnova PUMP No.3 ROS Designation Findings of Fact D. ACTION ITEM: Ordinance 900-Repealing Title 4 Chapter 4 Motor Vehicle Emissions Control: An Ordinance Of The City Of Eagle,Ada County,Idaho,Repealing Title 4 Public Health And Safety; Chapter 4 Motor Vehicle Emissions Control, Of The Eagle City Code In Its Entirety,Due To The Passage Of New State Legislation Regarding The Same;And Providing An Effective Date. (TEO) 12. 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. 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: (a) To consider hiring a public officer, employee, staff member or individual agent,wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; and (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. 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.