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Minutes - 2024 - City Council - 04/09/2024 - RegularEAGLE CITY COUNCIL MEETING MINUTES April 9, 2024 1. CALL TO ORDER: Mayor Pike calls the meeting to order at 5:30 p.m. 2. ROLL CALL: Present: GINDLESPERGER, MAY, RUSSELL, KVAMME. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Pierce leads the Pledge of Allegiance. 4. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: 5. RECOGNITION: A. Recognition of Nancy Merrill for her years of service on the Design Review Board. Mayor Pike thanks Ms. Merrill for her years of service and presents her with a token of appreciation. 6. PRESENTATION: A. Introduction of the New Parks, Pathways and Recreation Commission Member: Mayor Pike would like to formally introduce Douglas Domene to the Eagle City Council. Mr. Domene is a newly appointed member of the Eagle Parks, Pathways and Recreation Commission. (BKP) Mayor Pike introduces Douglas Domene a newly appointed member of the Parks, Pathways and Recreation Commission. B. Introduction of the New Eagle Design Review Board Member: Mayor Pike would like to formally introduce Kelly Murphy to the Eagle City Council. Ms. Murphy is a newly appointed member of the Eagle Design Review Board. (BKP) Mayor Pike introduces Kelly Murphy, a newly appointed member of the Design Review Board. 7. REPORTS: A. Mayor and Council: Gindlesperger reports on the Eagle Arts Advisory Committee. The Arbor Day tree celebration artwork is displayed in the lobby for all to enjoy. May reports on the weekly construction meeting with ACHD for the Eagle and State Street, things are on schedule. May has also been walking and visiting the downtown businesses with the City's Economic Development Specialist. She has also been meeting with stakeholders for the Regional Sports Complex. Russell reports on the Valley Regional Transit meeting. VRT will be attending the April 23`d meeting to give a report. Kvamme reports on the Eagle Sewer District meeting. They have recently adopted their long-range plan. The district is working with Calloway Ranch to look for options to connect that stand alone system to connect into the Eagle Sewer District system. Mayor Pike participated in an emergency vehicle driving course last week. Representative Cindy Sterling from Senator Risch's Office met to wish the City well. He had recently met with West Valley Little League. He judged an art show at Eagle Elementary and awarded the Mayor's Award. The artwork will be displayed at City Hall next week. B. Department Supervisor: City Clerk Osborn provides Council with a number of Ordinances that are currently being updated and will be brought forward for Council consideration, including updates to the alcohol ordinance, city clerk and treasurer section and special events. C. Eagle Police Department: Chief Ruby thanks Nancy Merrill for her service to the community, she was the Mayor when he first came to work for the City. He introduces Deputy Qualar and provides a brief review overview of his work history. Chief Ruby reports on incidents that occurred Page 1 K:\COUNCIL\MINUTES\2024\CC-04-09-24min.docx last week involving a high-speed chase, a bomb threat at the high school as well as another. He provides information regarding the amount of staff time, both Eagle Police deputies as well as other Ada County Sheriffs deputies. Discusses the work involved and time commitment for the incidents. D. City Attorney: No report 8. CONSENT AGENDA: ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS. 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 March 26, 2024. (TEO) C. Minutes of March 29, 2024. (TEO) D. Minutes of August 3, 2023. (TEO) E. Reappointment to the Eagle Planning and Zoning Commission: In accordance with Resolution 23- 17, Mayor Pike is requesting Council Confirmation of the reappointment of Trent Wright to the Planning and Zoning Commission. Mr. Wright will be serving a three (3) year term that will expire in April 2027. (BKP) F. DR-2023-39 — Common Area Landscaping within Bronco Acres Subdivision — Mustang Crossing Eagle, LLC: Mustang Crossing Eagle, LLC, represented by Stephanie Hopkins with KM Engineering, LLP, is requesting design review approval for the common area landscaping within Bronco Acres Subdivision. The 9.84-acre site is located at the northeast corner of North Park Lane and State Highway 44. (ERF) G. DR-2024-04 — Multi -tenant Office/Personal Improvement/Retail/Restaurant Building within Stillwater Subdivision — Stillwater Development Partners, LLC: Stillwater Development Partners, LLC, represented by Corey Elitharp, is requesting design review approval of a 12,405-square foot, two- story multi -tenant office/personal improvement/retail/restaurant building. The 1.24-acre site is located on the north side of West Copper Silo Street approximately 400-feet west of the intersection of State Highway 44 and South Urban Gate Avenue at 2505 West State Street on an unplatted parcel associated with Stillwater Subdivision. (ERF) H. DR-2024-05 — Master Sign Plan for Multi -tenant Office/Personal Improvement/Retail/Restaurant Building within Stillwater Subdivision — Stillwater Development Partners, LLC: Stillwater Development Partners, LLC, represented by Corey Elitharp, is requesting design review approval for a master sign plan for a multi -tenant office/personal improvement/retail/restaurant building within Stillwater Subdivision. The 1.24- acre site is located on the north side of West Copper Silo Street approximately 400-feet west of the intersection of State Highway 44 and South Urban Gate Avenue at 2505 West State Street on an unplatted parcel associated with Stillwater Subdivision. (ERF) I. Findings of Fact and Conclusions of Law for the Approval of FPUD-2024-01 & FP-2024- 02 — Final Development Plan and Final Plat for Kingswood Subdivision No. 1— LGPD Utah, LLC: LGPD Utah, LLC, represented by Katie Miller with Bailey Engineering, Inc., is requesting final development plan and final plat approvals for Kingswood Subdivision, an 86-lot (74- buildable, 12-common) residential subdivision. The 38.41-acre site is located on the west side of North Linder Road approximately 1,430-feet north of the intersection of North Linder Road and West Floating Feather Road. (KDO) J. FP-2023-05-EXT1 — Final Development Plan/Final Plat Extension of Time for Beaconwood No. 1 Subdivision — Trilogy Development: Trilogy Development, represented by Page 2 K:\COUNCIL\MINUTES\2024\CC-04-09-24min.docx Matt Price with J-U-B Engineers, is requesting a one (1) year extension of time for the final development plan and final plat for Beaconwood Subdivision No. 1, a 77-lot (72-buildable, 5- common), residential subdivision. The 37.34- acre site is located on the southeast corner of West Beacon Light Road and North Lanewood Road. (HSD) K. Development Agreement for RZ-02-22 — Alscott Rocking A Ranch Subdivision — Alscott Real Estate, LLC: Council authorization for Mayor to execute the development agreement associated with the rezone from RUT (Rural -Urban Transition — Ada County designation) to A-R- DA-P (Agricultural- Residential with a Development Agreement - PUD). The 171.9-acre site is located on the east side of North Eagle Road, approximately 1,300 feet north of East Beacon Light Road. (MJW) L. Development Agreement for RZ-03-22 — Alscott Rocking A Ranch Equestrian Facility — Alscott Real Estate, LLC: Council authorization for Mayor to execute the development agreement associated with the rezone from RUT (Rural -Urban Transition — Ada County designation) to A -R- DA (Agricultural -Residential with a Development Agreement).The 20-acre site is located on the corner of North Eagle Road and East Beacon Light Road, at 3000 North Eagle Road. (MJW) M. Development Agreement for RZ-13-22 — Brookstone Subdivision — Bonnie Pontier: Council authorization for Mayor to execute the development agreement associated with the rezone from RUT (Rural -Urban Transition — Ada County designation) to R-6-DA (Residential with a Development Agreement). The 23.28-acre site is located on the north side of State Highway 44 approximately 1,850- feet west of the intersection of State Highway 44 and North Linder Road. (MJW) N. FP-17-23 — Final Plat for Auberge Subdivision — RB-AMS Eagle, LLC: RB-AMS Eagle, LLC,represented by Antonio Conti with Ackerman-Estvold, is requesting a final plat approval for Auberge Subdivision (Molinari), a 2-lot commercial subdivision. The 4.36-acre site is located on the northwest corner of North Palmetto Avenue and State Highway 44. (KDO) O. Findings of Fact and Conclusions of Law for the Approval of RZ-95 MOD4 — Development Agreement Modification for Eagle Marketplace (formerly known as Eagle Country Plaza Shopping Center and Eagle City Market) — Jeff Likes: Jeff Likes with ALC Architecture, is requesting a development agreement modification to modify the concept plan associated within Eagle Marketplace. The 7.5-acre site is located on the northeast corner of Chinden Boulevard and Eagle Road. (MJW) Findings for RZ-95 MOD4 Eagle Marketplace P. Permanent Pathway Easement Agreement Between the City of Eagle and Landmark Pacific Development, Inc., for a Public Pathway within Kingfisher Cove Townhomes Subdivision: Landmark Pacific Development, Inc. is requesting approval of a permanent pathway easement agreement for the public pathway located within Kingfisher Cove Townhomes Subdivision. The 7.38- acre site is located on the northeast corner of West State Street and State Highway 44. (HSD) Q. Live Performance Agreement Between the City of Eagle and Tyler Daniel: A Live Performance Agreement between the City of Eagle and Tyler Daniel to perform at the Eagle Spring Arts and Craft Fair at the Bridges at Lakemoor. Compensation shall be at a rate of $300.00 for specified event. (JDH) R. Live Performance Agreement Between the City of Eagle and Helen Morris: A Live Performance Agreement between the City of Eagle and Helen Morris to perform at the Eagle Spring Arts and Craft Fair at the Bridges of Lakemoor. Compensation shall be at a rate of $300.00 for the specified event. (JDH) S. Live Performance Agreement Between the City of Eagle and Jeff Engelbert: A Live Performance Agreement between the City of Eagle and Jeff Engelbert to perform during the Toast to Eagle in front of the Eagle Library. Compensation shall be at a rate of $700.00 for specified event. (JDH) T. Live Performance Agreement Between the City of Eagle and Fand & Marcus: A Live Performance Agreement between the City of Eagle and Fand & Marcus to perform at Eagle Page 3 K:\COUNCIL\MINUTES\2024\CC-04-09-24 m i n. d oc x Saturday Market at Eagle City Hall. Compensation shall be at a rate of $250.00 for specified event. (JDH) U. Live Performance Agreement Between the City of Eagle and Tim Foster: A Live Performance Agreement between the City of Eagle and Tim Foster to perform at Eagle Saturday Market at Eagle City Hall. Compensation shall be at a rate of $250.00 for specified event. (JDH) V. Live Performance Agreement Between the City of Eagle and Emma Beck: A Live Performance Agreement between the City of Eagle and Emma Beck to perform at Eagle Saturday Market at Eagle City Hall. Compensation shall be at a rate of $250.00 for specified event. (JDH) W. Live Performance Agreement Between the City of Eagle and Jeff Engelbert: A Live Performance Agreement between the City of Eagle and Jeff Engelbert to perform at Eagle Saturday Market at Eagle City Hall. Compensation shall be at a rate of $250.00 for the specified event. (JDH) X. Live Performance Agreement Between the City of Eagle and Lisa Bittick Lowe: A Live Performance Agreement between the City of Eagle and Lisa Bittick Lowe to perform at Eagle Saturday Market at Eagle City Hall. Compensation shall be at a rate of $250.00 for the performance. (JDH) Y. Live Performance Agreement Between the City of Eagle and Cliff Miller: A Live Performance Agreement between the City of Eagle and Cliff Miller to perform at Eagle Saturday Market at Eagle City Hall. Compensation shall be at a rate of $250.00 for the performance. (JDH) Z. Live Performance Agreement Between the City of Eagle and SpeakWrite LLC: A Live Performance Agreement between the City of Eagle and SpeakWrite LLC to perform at Eagle Fun Days in front of the Eagle Library. Compensation shall be at a rate of $700.00 for specified event. (JDH) AA. Live Performance Agreement Between the City of Eagle and Brandon Tillman: A Live Performance Agreement between the City of Eagle and Brandon Tillman to perform at Eagle Fun Days in front of the Eagle Library. Compensation shall be at a rate of $500.00 for specified event. (JDH) AB. Live Performance Agreement Between the City of Eagle and Koki Gonzalez: A Live Performance Agreement between the City of Eagle and Koki Gonzalez to perform at Eagle Fun Days in front of the Eagle Library. Compensation shall be at a rate of $1,200.00 for specified event. (JDH) AC. Live Performance Agreement Between the City of Eagle and Luke Rutledge: A Live Performance Agreement between the City of Eagle and Luke Rutledge to perform at Eagle Fun Days in front of the Eagle Library. Compensation shall be at a rate of $400.00 for specified event. (JDH) AD. Live Performance Agreement Between the City of Eagle and Dave Nudo Band: A Live Performance Agreement between the City of Eagle and Dave Nudo Band to perform at Eagle Fun Days in front of the Eagle Library. Compensation shall be at a rate of $1,200.00 for specified event. (JDH) Mayor Pike introduces the item. City Clerk, Tracy Osborn requests that item 8C be removed. Kvamme removes item K. Gindlesperger moves to approve consent agenda items A -AD, excluding C and K. Seconded by Russell. GINDLESPERGER AYE; RUSSELL AYE; MAY AYE; KVAMME AYE. ALL AYE...MOTION CARRIES. K. Development Agreement for RZ-02-22 — Alscott Rocking A Ranch Subdivision — Alscott Real Estate, LLC: Council authorization for Mayor to execute the development agreement associated with the rezone from RUT (Rural -Urban Transition — Ada County designation) to A-R- DA-P (Agricultural- Residential with a Development Agreement - PUD). The 171.9-acre site is located on the east side of North Eagle Road, approximately 1,300 feet north of East Beacon Light Road. (MJW) Page 4 K:\COUNCIL\M INUTES\2024\CC-04-09-24mi n.docx Kvamme believes that this is an outstanding development, and it is an appropriate density for the area. It is a quality event and an addition to the Eagle community. Russell moves to approve item 8K. Seconded by Gindlesperger. GINDLESPERGER AYE; RUSSELL AYE; MAY AYE; KVAMME AYE. ALL AYE...MOTION CARRIES. 8C Minutes of March 29, 2023. City Clerk, Osborn notes that the date should read March 29, 2024, and with that change the minutes are ready for Council action. Gindlesperger moves to approve 8C Seconded by May. GINDLESPERGER AYE; RUSSELL AYE; MAY AYE; KVAMME AYE. ALL AYE...MOTION CARRIES. 9. UNFINISHED BUSINESS: A. ACTION ITEM Eagle Rodeo Lease Agreement: Approval of an amended and reinstated Lease Agreement with the Eagle Rodeo, Inc for the 10-acre located at 8660 West Equest Lane. (NBS) Mayor Pike introduces the item. City Attorney, Victor Villegas seeks Council direction if they would like an amendment to the lease drafted as direction was no. Matt Woodington, 8382 Foothill Road, Middleton, Idaho. Mr. Woodington states that they used the barn last year via an informal agreement, and they would like to do so again this year. However, this year they would use it for storage. Kvamme asks for confirmation that it would be for storage only. Woodington confirms. May states that upon a site visit there had been more extensive alterations made and would like to give the Rodeo representatives an opportunity to comment on those changes. Mike Gallegos, 3664 W. Temple Drive, Eagle, Idaho. Mr. Gallegos admits they removed the stalls, and installed a bar top. The big opening was where the barn doors had been. The rodeo did use the barn and served alcohol out of there, they are careful with alcohol service and use TIPS certified servers. Discussion regarding the Rodeos desire to use electricity from the house, with the understanding that they will need to obtain the appropriate permits and then return the site to its original state after the event. Discussion. Kvamme is in agreement to allow the use of the electricity from the house, with appropriate permitting. May does not want access allowed to the house. Access to the garage to utilize the electricity could be agreed to. Gindlesperger moves to approve the lease agreement as presented. Seconded Kvamme. Discussion for clarification. Gindlesperger amends to Direct City Attorney to prepare an amendment to the lease agreement to include the use of the barn and bring it back for Council action. Second concurs. GINDLESPERGER AYE; RUSSELL AYE: MAY AYE; KVAMME AYE. ALL AYE...MOTION CARRIES. B. ACTION ITEMEagle Rodeo Lease Parking Agreement: Approval of a Parking Agreement for the Eagle Rodeo Inc. for the 2024 Eagle Rodeo. (NBS) Mayor Pike introduces the item. Page 5 K:\COUNCIL\MINUTES\2024\CC-04-09-24min.docx Director of Long -Range Planning and Projects, Nichoel Baird Spencer reviews the history of the parking agreement and the changes brought forward per Council direction for consideration tonight. Mr. Woodington with Eagle Rodeo discusses the aspects of the parking agreement they would like altered. Items discussed include changing the date for the fence erection and obtention of permits to May 24, 2025. Concerns are expressed with how the bond amount was calculated. Mr. Woodington suggests that they will be able to obtain their own bond quote to arrive at an agreeable amount. In addition, it is stated that they have not been provided with the requested copy of the hillside grading standards identified in item Item 5(a). Discussion regarding grading, parking, and ticket sales limits as well as the cost to the rodeo to comply with the conditions of the agreement. Director Baird Spencer states that staff has attempted to provide the grading plan and permit have however it is a very large electronic file and therefore the email size limitations have prevented it from being delivered. Baird Spencer speaks about development timeline and phasing for the park. The City will be utilizing Equest Lane for site access. Discussion amongst Council, Rodeo representatives and City Staff. Mayor Pike emphasizes how much the Council and himself want to make this work for both the rodeo and the City. Discussion. Russell moves to move forward and approve agenda item 9B Eagle Rodeo Lease Parking Agreement with the following amendments no gate ticket sales on Saturday date. Allowing electrical of the home only, no access to the home. To re-evaluate stake #13. To require the rodeo to implement marketing to include ride share. Item 9 to add the words writing. Item 3A change the date to May 24th. And to limit ticket sales to 4500. Seconded by Gindlesperger. Discussion. GINDLESPERGER AYE; RUSSELL AYE; MAY AYE; KVAMME AYE. ALL AYE...MOTION CARRIES. 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. RZ-11-15 MOD — Development Agreement Modification for East End Marketplace — TPC Commercial, LLC: TPC Commercial, LLC, represented by Zach Turner with Rennison Design, is requesting a development agreement modification (development agreement in lieu of a conditional use permit) to modify the conditions of development and concept plan contained within the executed development agreement. The 15.55-acre site is generally located on the east side of South Edgewood Lane between East State Street and State Highway 44. This item was continued from the February 27, 2024, meeting. The public hearing remains open. (MJW) Mayor Pike introduces the item and opens the public hearing. Deputy Planning and Zoning Administrator, Mike Williams briefly reviews events from the February 27, 2024, meeting. Debra Nelson, 601 W. Bannock Street, Boise, Idaho representing TPC Commercial LLC. Traffic impacts, pedestrian connectivity, and proposed tenant Chick-Fila. The applicant is proposing a modified site plan. The applicant has conducted a new traffic study provided by Kittleson and Associates and find that the site impact is actually slight less than the original site plan. Page 6 K:\COUNCIL\MINUTES\2024\CC-04-09-24min.docx Sabrina Wright, Chick Fila development. The proposed site has substantial room to accommodate drive through stacking and will be comparable to other locations in the valley. The operator of the Eagle location will be local. They are looking forward to bringing their business to Eagle. John Rengert, Kittleson and Associates, 101 S. Capital Blvd. Boise, Idaho. Russell seeks clarification on the report. Mr. Rengert states with the change of uses, now being a mixture of business offices and retail to provide a better analysis and that is why the calculation changed. There will be a small number of internal trips. Discussion. Mayor opens the public testimony. Nikki Slattery, 1510 W. Firehouse Lane, Kuna, Idaho. Ms. Slatterly works near Eagle and feels that this is a great addition to the Eagle community. Chick Fila has been a great supporter of local youth sports. She believes that the strategy to address traffic and traffic flows is great. Brent Lane, 651 Los Luceros, Eagle, Idaho. Mr. Lane feels that Chick Fila is a great option for Eagle. This will be a great dining option and keep the tax dollars in Eagle. Ryan Brodin, 839 W. Bridgeway Place Eagle, Idaho. Mr. Brodin appreciates the premier developer for this site. The layout of this site will address the traffic well. As someone who is looking to start a family, Chick Fila would be a place he would want his kids to work. Dyrin Larson, 5892 N. Five Mile Road, Boise, Idaho. Mr. Larson states having Chick Fila as a dining option would be a draw to the Eagle community. Mark Bottles, 1770 Sugar Crest, Eagle, Idaho. Having been in Eagle for quite some time and has it seen over the years. Chick Fila gives back to the community for local high schools, women, and children and those in need. This is a win for Eagle and encourages the Council to approve the item. Cameron Luff, 2128 E. State Street, Eagle, Idaho. Mr. Luff is a local business owner. To finally have this piece of property developed is important. It has been an empty lot for far too long. He does not feel that the impact of traffic would be too egregious. John Gochnour, 2603 N. Viscaya Way, Eagle, Idaho. Mr. Gochnour is a business owner in Eagle. To have another catering option for his business would be useful. Traffic is a legitimate concern; however it will enhance the quality of life for this land to develop. Jack Gochnour, 2603 N. Viscaya Way, Eagle, Idaho. Mr. Gochnour is representing Eagle High School and is a member of the Student Body. Chick Fila would be affordable and convenient food, as well as for employment for high school students. Wade Keller, 193 W. River Trail Eagle, Idaho. Mr. Keller is a resident as well as a business owner in Eagle. Having more food options is important to not only his employees but his family. John Roters, 2002 S. Vista Ave., Boise, Idaho. Mr. Roters was impressed with the drive -through design, and he supports the project. Jeff Cresto, 927 W. Wildbrush, Star, Idaho. Mr. Cresto is excited to hear about the addition of Chick Fila. He works in Eagle and his daughter goes to Eagle High School. Tyler Gillman, 3380 S. Eagle Brook Lnae, Eagle, Idaho. He has invested in Eagle heavily with his real estate business over the last 30 years. Mr. Rennison did the design for his business and is Page 7 K:\COUNCIL\MINUTES\2024\CC-04-09-24min.docx known for quality development. This Council has the duty to enhance economic development and the quality of life and he encourages the Council to approve the modification. Shawn Hart, 4908 E. Eagle Landing Court, Eagle, Idaho. Mr. Hart has worked in Eagle for the last 20 years. He recognizes the impact to traffic, but the other positive benefits that will be part of adding Chick Fila to Eagle are well worth it. He supports the application. Mark Butler, 1675 E. Bishop Way, Eagle, Idaho. Mr. Butler lives 1062 feet from the proposed site. He loves the layout, and feels it is more pedestrian friendly. It is a great development and will fit well there with mixed use. Debra Nelson appreciates the testimony tonight. Adding dining and shopping amenities for both businesses and communities is what they are excited about. Discusses the traffic study. May inquires if the developer has met or discussed safety enhancements with ACHD. Nelson states they have been in touch with ACHD, and that no further improvements are required. Discussion. Mayor closes the public hearing. Gindlesperger thanks all those for attending tonight and for participating in the process. Discusses the challenges of balancing traffic concerns with the need for attractive commercial business. She is in support of the application. Kvamme agrees that it is difficult as a previous Council approved this site layout and design originally. He would not have approved of it. However, what is before them tonight is what it is. Items he would like to see addressed are improved ingress and egress, landscaping and architectural design. May concurs with the concerns discussed by Kvamme. General discussion. Deputy Administrator Williams attempts to verbalize Council concerns, in the form of a possible proposed condition. In addition to the landscaping required pursuant to Condition of Development 3.17, the landscaping plan shall show enhanced landscaping located between the parking areas and State Highway 44. The landscaping plan shall be reviewed and approved by the Design Review Board and City Council prior to issuance of a Zoning Certificate for construction of any commercial buildings located within the parcels adjacent to State Highway 44. Gindlesperger moves to approve 10A RZ-11-15 MOD — Development Agreement Modification for East End Marketplace — TPC Commercial, LLC: Seconded by Kvamme. Discussion. Gindlesperger amends to include the Planning and Zoning conditions of development, staff recommendations, as well as the additional condition that Mr. Williams just spoke to regarding the landscape berms. Second concurs. Discussion. GINDLESPERGER AYE; MAY AYE; RUSSELL NAY; KVAMME NAY; MAYOR AYE. MOTION CARRIES. B. PP/FP-01-23 — Combined Preliminary and Final Plat for Retail One Subdivision — TPC Commercial, LLC: TPC Commercial, LLC, represented by Zach Turner with Rennison Design, is requesting combined preliminary plat and final plat approvals for Retail One Subdivision, a b- lot (6- buildable) commercial subdivision. The 6.19-acre site is located at the northeast corner of State Highway 44 and South Edgewood Lane at 650 South Edgewood Lane. (MJW) Mayor Pike introduces the item and opens the public hearing. Zach Turner, 2025 E. Riverside Drive, Eagle, Idaho, representing TPC Commercial LLC and reviews the application. Page 8 K:\COUNCIL\M INUTES\2024\CC-04-09-24min.docx Deputy Planning and Zoning Administrator, Williams reviews the staff report. Mayor Pike opens public testimony. No one chooses to speak. Mayor Pike closes public testimony. Mr. Turner states that they are in agreement with the conditions and ask for Council's approval. Mayor closes the public hearing. Russell moves to approve PP/FP-01-23 — Combined Preliminary and Final Plat for Retail One Subdivision — TPC Commercial, LLC. Seconded by Gindlesperger. Russell amends to add the site -specific conditions as recommended by staff. Second concurs. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE. ALL AYE...MOTION CARRIES. 11. NEW BUSINESS: A. ACTION ITEM. Selection of the Conservation Advisory Committee Council Liaison. (TEO) Mayor Pike introduces the item. Russell expresses interest in serving as the liaison. Gindlesperger moves to have Council Member Russell serve as the Conservation Advisory Committee Council Liaison. Seconded by Kvamme. ALL AYE...MOTION CARRIES. B. ACTION ITEMState and Eagle Intersection: Approval to purchase historic streetlight poles for inclusion in the State and Eagle project and the Aikens Street Extension project in an amount not to exceed $160,500. (NBS) Mayor Pike introduces the item. Director of Long -Range Planning and Projects, Nichoel Baird Spencer reviews the project and funding for the same. Russell moves to approve new business action item 11B State and Eagle Intersection Approval to purchase historic streetlight poles for inclusion in the State and Eagle project and the Aikens Street Extension project in an amount not to exceed $160,500. Seconded by May. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE. ALL AYE...MOTION CARRIES C. ACTION ITEMState and Eagle Intersection: Approval to increase the Cost share agreement with ACHD in an amount not to exceed $322,000 for the installation of historic streetlights in Phase 1. (NBS) Mayor Pike introduces the item. Director of Long -Range Planning and Projects, Nichoel Baird Spencer reviews the project and funding for the same. Gindlesperger moves to approve new business action item 11C State and Eagle Intersection Approval to increase the cost share agreement with ACHD in an amount not to exceed Page 9 K:\COUNCIL\MINUTES\2024\CC-04-09-24mi n.docx $322,000. Seconded by Russell. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE. ALL AYE...MOTION CARRIES. D. ACTION ITEMFiscal Year 2024-2028 Capital Plan Modification No. 5: Staff is requesting a modification to the Fiscal Year 2024-2028 Capital Plan to increase funding for project PW CM- 15: Orville Krasen Park Playground Replacement in the amount of $1,925.00 reducing PW CM- 15: Trail Maintenance by $1,925.00, and increase funding for to TP CM-3: Eagle Road Ped/Bike Bridge in the amount of $300,000 by reducing TRL CM-4: North Channels Trail Repair by $97,760.00 and $202,204.00 from Trail Impact fees. (NBS) Mayor Pike introduces the item. Director of Long -Range Planning and Projects, Nichoel Baird Spencer reviews the requested amendment to the Capital Plan. Russell moves to approve item new business 11D as staff has requested. Seconded by May. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE. ALL AYE...MOTION CARRIES. 12. 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 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. Mayor Pike introduces the item. Brent Sturgill, 1983 N. Rivington Way, Eagle, Idaho. Mr. Sturgill addresses comments made by Kvamme regarding the lost of trust in the community. Mr. Sturgill reviews Council actions in December at which ordinances were approved and by doing so he believes that Idaho State Code was violated. Mr. Sturgill has reached out to the City of Boise to investigate their processes and procedures. He would hope that Council would take actions correct the matter. Manuela Walter, 1327 N. Konia Avenue, Eagle, Idaho. A great deal of the problem is disinformation in social media. She thanks Council for what they do, it is impossible to please everyone, but she appreciates the thoughtful manner the decisions are being made. Comments 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: Gindlesperger move pursuant to I.C. 74-206(1) that the City of Eagle convene an Executive Session for the purpose of (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. Seconded by May. GINDLESPERGER AYE; RUSSELL AYE: MAY AYE; KVAMME AYE. ALL AYE...MOTION CARRIES. Page 10 K:\COUNCIL\MINUTES\2024\CC-04-09-24m i n.docx Council enters executive session. Council discussion of pending/threatened litigation. Council exits executive session. A. ACTION ITEM: Action Regarding Pending/Threatened Litigation. Russell moves to direct staff to work with our conflict Council and the Mayor and City Council to schedule and Executive Session as soon as possible to discuss Urban Renewal District matters. Seconded by May. GINDLESPERGER AYE; RUSSELL AYE; MAY AYE; KVAMME AYE...MOTION CARRIES. 14. ADJOURNMENT: Gindlesperger moves to adjourn. Seconded by May. ALL AYE...MOTION CARRIES. Hearing no further business, the Council meeting was adjourned. Respect lly submitted: TRACY E. OSB!1' , MC CITY CLERK °ti�:GLE. • ••••.: =m:•••� 0. STA37,+° ° AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT WWW.CITYOFEAGLE.ORG. Page 11 K:\COUNCIL\MINUTES\2024\CC-04-09-24min.docx EAGLE CITY COUNCIL April 9, 2024 PUBLIC COMMENT SIGN-UP Time is allotted on the agenda at the beginning and end of the council meeting. Time is limited to three (3) minutes per individual. More on back EAGLE CITY COUNCIL April 9, 2024 PUBLIC COMMENT SIGN-UP Time is allotted on the agenda at the beginning and end of the council meeting. Time is limited to three (3) minutes per individual. NAME (please print) ADDRESS TESTIFY YES/NO PRO/ CON or NEUTRAL -1 - (,(1.1( Lsv & pivo/y-ou (/, 4-e_J-k ,avin tl (n) As pow �VkAsc>vt 2�5. M yci,,,,t.f_ lam 7 7 A ,,'RcQuEL,N E NN JGS iZKg2 Z• cciww4,3 Ci, EAGLE // More on back EAGLE CITY COUNCIL MEETING April 9, 2024 PUBLIC HEARING: Item 10A SUBJECT: RZ-11-15 MOD — Development Awreement Modification for East End Marketplace — TPC Commercial, LLC: TESTIFY YES/NO PRO/ CON NEUTRAL Lettkr CC )nAle VO 0 v' ( IAA/4 } .,,)giii N Tro A M o c —r- ceiL j (A) {_ 1 v EST �,` i " 1?ro ijrgccvt Ap'(t"bci '-.e.32 s vltiit)„e.-cW t1 IIld�'avt 1 N Pro 'Nt WA r INV oK ill (I W / P rJ PoiNr cr ST-4-A- (P 6 ; 6 9 N r_O Niu41440. ��- /�1 i� ttvo , idC D 3,2-1 1V WD t-t.t..) 1-2‹›-r--c--13- Age Zoz Z S . U `STD A-✓e Y 171D "`M/� d 'v 3acei 4f_____/ii4iiwr„-- �/O 1 rUlJA) j4 D �I- D % 14 r ‘1.-c) 457 0 b i PdfoluidA Dr: I 9\ 0 !KyIor ¶o+--k--' 3335 S l-We'i\ PJe Jo'/WILco3 'MLi? ' L VIS& pRD Joe NAcAr\Oiln \Atk 5 EtAc_Ok. Av-6 3 N) Pvb QE0a. As.) \bczo'ci 4"c1=. GQ ‘A'-'1'4't 3%? too w° '2a v,3 13,,,_� 1,12q E Cw(re_ v 0 3 bit, I IQ° 17ro Fri ik Al ieir ?-(o(0 w.DWA �,f-� E. A �� SO �� ,� �� 1r v ‘4Q Go,0,-"4.1.u,-, pv- �Sco1LP 0 °{0 Vag /,-//� To , rim i-y. More on back EAGLE CITY COUNCIL MEETING April 9, 2024 PUBLIC HEARING: Item 10A SUBJECT: RZ-11-15 MOD — Development Agreement Modification for East End Marketplace — TPC Commercial, LLC: NAME (please print ADDRESS TESTIFY YES/NO PRO/ CON NEUTRAL IAo(a�i w , � t 01/ n� 5 , 6.44 ev:,:frti I t-14 *-S ar L ra:rm�r 1 A _Es-aoc k E ND Ark\\4-6 1(.. LA 1 T�,r4\< orb 4rL±e i-,_k,e_, 4--- n E S-}.h,,c; , - c Ws Pr) ��J4�% �-�l4l�i 4Rots W- CAL Lh0(,-' CT Y " ' elzo frY(tIldi. 0,144-f I, u \AI .10,00. -Finlaii - W9 r40 71249 \A'`1skP Ac\ It,$--1- 0.a444,, kit, N,, _4_3, IA v A ((i o r 1vo`1 N f ,01 L,1. A" D PRO 4\cats � t L„iv, ,., s. ,, ,� r+_ N O _p2 O Niak-kol (100,q(z 1-tt% Ai- t-2_, 44...e____. \(.1s PO i`19s,,v, 0-0 5 -L Ye 5 gad iris201472/- rfw\sci1 g 1 1 -1 w -zoo Pr no P rO V/A't,rL-72 iS14 `W E_, $/ffrpoW CleW LJJ. kJ0 1'IZO 6 re') AA-s-:e,\J_ 1 U‘17 N - ri,v ,.d y i - ✓\ . lilt' t s—G. More on back EAGLE CITY COUNCIL MEETING April 9, 2024 PUBLIC HEARING: Item 10A SUBJECT: RZ-11-15 MOD — Development Agreement Modification for East End Marketplace — TPC Commercial, LLC: TESTIFY NAME (please print ADDRESS YES/NO PRO/ CON NEUTRAL iNK\x/2-- 6',o, 9,Es l'o.---0 More on back EAGLE CITY COUNCIL MEETING April 9, 2024 PUBLIC HEARING: Item 10A SUBJECT: RZ-11-15 MOD — Development Agreement Modification for East End Marketplace — TPC Commercial, LLC: NAME (please print) ADDRESS TESTIFY YES/NO PRO/ CON NEUTRAL i) r;n Larson srtL/ N r-e, ivtde Yes Pro 1)1A ci,t4sL,l0S3 i4Q 62:X ' \-A'4._ A o 0-2x-, --1,0 X v IA" ) 9)izo 12)' ,L ueti l(--A; 12D-2(,0$ , ,�,,, IQv • c ,,,,k V OY, S t4 r1 W t� �Aolie l a- N, ,,_.2, .9 ---7 ;, /Z 6, man 1` .2 ` /, 4/0 ,pRo Si7 W 3 e‘vi H /Vo Ply r 1 L) n a A„✓ / D54 S. fu n a 6i (Pr 1-h ills) /10 5IC3fr (^' ,. I (4 1 St( 244- La.-c- L I k), i D P7Ark 64 /8 `3c) . )ic ' J !q.6-\ illo ( -,1‘ I- -., ,tf -- - , ar 2-04 f 54c)- Ycs Pro bPsVt Goss E 17 86 C sr s-r cc .yS P►e v \J a hy\ G-oarow 2 CQ . V:2-ckT wciY ye_( , Pre Iciciic Gpck,av V(o03 iki - V(7_cay4w6 y-es - Pro'\; LoA,,OC-6n lq 21,2 sA(te,-i.- 914D PK-0 More on back EAGLE CITY COUNCIL MEETING April 9, 2024 PUBLIC HEARING: Item 10A SUBJECT: RZ-11-15 MOD — Development Agreement Modification for East End Marketplace — TPC Commercial, LLC: TESTIFY PRO/ CON NAME (please print) ADDRESS YES/NO NEUTRAL More on back EAGLE CITY COUNCIL MEETING April 9, 2024 PUBLIC HEARING: Item 10A SUBJECT: RZ-11-15 MOD — Development Agreement Modification for East End Marketplace — TPC Commercial, LLC: TESTIFY NAME (please print ADDRESS YES/NO PRO/ CON NEUTRAL 0. I K4 is io 0, g-a2694LKKtu- 9 \i-e5 /�0 r(A') f 0,,rfe b 5 544 4ve Aio T `� iwtsao im02PS )v,iSs" . j ioc)-c-;,fzLL /10 P.p .._._--) J/ffc /l' 36 e.-vs.. 5 T � 1/,C:- i\---/A .ifiF / . lel /-/ 4/d 6 *7N) cos)cir,i-- 3 9 k VQ » o R:D .13-ril-C LA c L-os L-4iu_ro 5 le_._4-> ero . w4,,,,,F._ e,i e, v / 3 f // ' 2--re,S%. . AA) /5A0 eFetc A 1)44,/ V/5 El Cie,(4,4 e iK- rit T03cii- ,2,60,,,s,_ /v'o pi-6 gay 5 grtCfc� GI p 1 ye S Pro 4 L4,. Le vi :3 2l2s E ed(cri-.1vo, at- Ai 0 L._ arl H -1 -"l' - o Z5 Ill v -StD E Pr_ go f = VV,L1\1\AAN 111A) iv, °,P 7750 VI + s fito N - LA , r,,, Lo vScn 5V1 JU \tc-1t Vie. LA-e_S % ry re on back EAGLE CITY COUNCIL MEETING April 9, 2024 PUBLIC HEARING: Item 10B SUBJECT: PP/FP-01-23 — Combined Preliminary and Final Plat for Retail One Subdivision — TPC Commercial, LLC: NAME (please print ADDRESS TESTIFY YES/NO PRO/ CON NEUTRAL ¶7td 8 St( 119q C Ct 4uvipi Q✓ i Vayk w6 1 (b More on back EAGLE CITY COUNCIL MEETING April 9, 2024 PUBLIC HEARING: Item 10B SUBJECT: PP/FP-01-23 — Combined Preliminary and Final Plat for Retail One Subdivision — TPC Commercial, LLC: TESTIFY PRO/ CON NAME (please print) ADDRESS YES/NO NEUTRAL More on back 4/19/2024 EAGLE RODEO PARKING AGREEMENT April 9, 2024 Nichoel Baird Spencer MCRP, AICP Director of Long -Range Planning & Projects nhaird@cityofeagle.org 1 HISTORY after completing a sports park feasibility study, the City acquired (through purchase and donation) 90-acres of land for the Eagle Regional Sports Complex Park. EAGLE REGIONAL SPORTS PARK CONCEPT MASTER PLAN 2 1 4/19/2024 Sprint' a Eagle Rodeo approached the City looking for a temporary location for their annual event and requested the use of 10 acres located at 8660 W. Equest Lane. Mel,/ 1 8, 202 , the Eagle City Council entered into a 1 -year Parking Agreement May iv, 202 , entered into a 5-year lease agreement with the Eagle Rodeo 3 Summer e.# "fl" ?, the City has committed $784K for underground utilities, grading the roadway within the park and grading the 4 fields. Edge of Phase 1 of Park. Edge of 2/27/2024 City parking proposal 4 2 4/19/2024 .41411...11 , Mayor Pike received a request to enter into a new parking agreement for the 2024 Eagle Rodeo. .4,,,4-71116) to, a 4:) . V . .wo, • V. • n Eagle Regional Sports Complex Eagle, Idaho 5 January 26, , Mayor Pike received a request to enter into a new parking agreement for the 2024 Eagle Rodeo. 6 3 4/19/2024 January 29 20„ , Mayor Pike & Staff visited the site and provided the following option of a lease, an additional 1 4-acres. On February 28th, Mayor Pike, Council Liaison May, staff and agencies met on site. On March 5th, the following map was sent to Eagle Rodeo. AU Measurements ate aOpicatnaaern and ShQul0 Dv retdmt ay the rodeo. 10-acre Lease 14-acre Parking @ 150 stalls/acre= -2,100 stalls 2 people/car= -4,200 attendees on site 7 March 14, 2024, Mayor Pike, Council Liaison, agency staff and the Rodeo representative met to discuss the site and parking request. Eagle Rodeo was requested to be conservative and provide a map illustrating the minimum parking needed with limited encroachment in the City's graded park. Edge of fields and parking linprovnieres Disturbed areas- utilized for groding balancing and stockpiling for fields 8 4 4/19/2024 Patentfal Parting lllowancs: • 20acfra otlwn, P,,t4a. 17 actor Conn of tQwM Lams 3 nos southEgo. Lao.nPty SMp Ed Padua, Samna. 20 acfas • f S0 cam .1.000 can vas* • 125 accea•150- 1.825 earomfmfe cpu.ucnt a w4M.at patting Ubb[. ...Ova owl. pofrof wwa« «u«n boundary • P,o ,deg cteat U2Lmat.on of p.,tw • a..pa w�tr,w.nk en th.,n.e.a ro.g w.m and most of tan aatum. ] woof,. • Pno.rv.a Pty Stop Spec. 10-acre Lease 20-acre Parking @ 150 stalls/acre= —3,000 stalls Minus Contestant/ Volunteer parking= 1,125 Stalls Available Capacity= —1,875 stalls. 2 people/car= —3,750 attendees on site 9 ?n?rt The Eagle City Council held a special meeting to provide staff direction on how to prepare a lease agreement for the 2024 Eagle Rodeo. As a out come of that meeting the following map of the potential parking lease area was created and is contained in the agreement as Exhibit A: 10-acre Lease 18.81-acre Parking © 150 stalls/acre= —2,820 stalls Minus Contestant/ Volunteer parking= 1,125 Stalls Available Capacity= —1,695 stalls. 2 people/car= —3,390 attendees on site 10 5 4/19/2024 The Eagle City Council held a special meeting to provide staff direction on how to prepare a lease agreement for the 2024 Eagle Rodeo. At that meeting the following direction was provided and is reflected in the current parking agreement: 1. Fencing of the parking edge Gee paragrap;, ,,) 2. Applicant shall get approvals from Eagle Police, Star Fire and ITD as well as a City special events permit. paragraph 3b) 3. Provide a signage plan for advising public when parking is full (c paragraph 3c) 4. Permit and repair electrical alternations to the house and barn (see paragraph 3d) 5. Daily meetings with agencies Gee paragraph ) 6. Rows shall be marked off with t-posts & Twine (.ee puiuyiuph 4) 7. Compliance & Engineers report that any site alteration is not in violation with the City' FPDP or approved grading permit Lee paragraph 5a & 5b) 8. Post event meeting on site (see paragraph 5c) 9. Bonding for repairs Lie paragraph 6) 10. Term is for the 2024 event only (see paragraph 7) 11. No alteration to site or structures Gee paragraph 8) 1 2. No alteration to site or structures without City approval (paragraph 9i) requesting grading (see paragraph 5a & 13. Cap Tickets for the event. (not in the agreemei,.) Rodeo is requesting capping tickets at arena capacity - 5,000. Parking generates approximately 1,800 stalls at 2 people per car 3,600 attendee. 11 EDITS SINCE THE PACKET RELEASE Paragraph 3a: Deadline for the removal of the temporary fencing June 21, 2024 Paragr ph r Bonding set at $460,000 Engineering estimate for Phase 1: $634,743 45% based on disturbed areas within the lease: 1 34 Plus, Actual Engineering costs for FPDP & Grading Permit: $38,21 9 Estimated Cost: 319,353.35 Bond © 150% of cost: $460,000 Paragraph 12: Insurance Clarification Exhibit A & B: Replaced maps to match, added coordinates 12 6 4/19/2024 Exhibit A: 2024 Eagle Rodeo Parking N A 0 300 600 Feet 10-acres Original Lease 18.83-acres Parking —1,750 stalls 1 6.1 6-acres N. of Equest 2.67-acres S. of Equest 13 STAFF REQUEST This is not a hearing item. Public comment can be taken if the Council requests it. Staff is requesting the Eagle City Council's direction on the 2024 Eagle Rodeo Parking agreement as presented. 14 7 Exhibit B: Marked Fence Areas N A 0 300 600 Feet Rodeo Fence Gate Fence I Generated: 4/9/2024 Red lines indicate where chain link fence will be installed to contain the general public. Chain link will either be rolls attached as T-posts or panels. Exhibit A: 2024 Eagle Rodeo Parking 0 N A 300 600 Feet Rodeo Areas FA Parking Lot A Parking Lot B Parking Lot C Existing Rodeo Lease • Lot Corner Points Generated: 4/9/2024 Retail One Subdivision (aka East End Marketplace) E A G L E P L A N N I N G A N D Z O N I N G C O M M I S S I O N F E B R UA RY 2 0 , 2 0 2 4 Site History S E PT E M B E R 2 0 2 2A P R I L 2 0 1 5 Preliminary and Final Plat F I N A L P L ATP R E L I M I N A RY P L AT Questions? D Mwilliams@cityofeagle.org Mail: -E-939Phone:Planning & Zoning AdministratorMichael Williams, CFM, Deputy City Staff: April 9, 2024Eagle City Council Public Hearing 15 MOD-11-RZ ODIFICATION M GREEMENT A EVELOPMENT City Council Public Hearing February 27, 2024 Additional pedestrian gathering areas. •the proposed site plan.through) use located within Parcel A (Building 1) shown on Building elevations of the proposed restaurant (with drive •A traffic analysis associated with the overall site.•:informationfollowingtheprovidetoapplicantthedirectedCouncilthe th 27FebruaryonhearingpublicCouncil’sCity theFollowing Project Summary Edgewood Lane between East State Street and State Highway 44.acre site is generally located on the east side of South -The 15.55•.agreementdevelopmentexecutedthewithincontainedplancon ceptanddevelopmentofconditionsthemodifytopermit)useconditionalaoflieuinagreement(developmentmodificationagreementdevelopmentarequestingisDesign,RennisonwithTurnerZachbyrepresentedLLC,Commercial,TPC• Vicinity Map Aerial Map Topics for Discussion Buffer area located adjacent to State Highway 44•through) uses-Locations of restaurant (with drive•Styles of Architecture •Proposed Concept Plan•Pedestrian Gathering Areas•Traffic Exiting the Site• Concept Plan contained within the Proposed Concept Plan035523-County instrument #2016 Concept Plan contained within the executed development agreement, Ada County 035523-instrument #2016 Proposed Concept Plan Styles of Architecture buildings.commercial/retail family building and-the multiissuance of building permits for development is required prior to the the detailed architectural plans for the approval of and City CouncilReview Board sided architecture. Eagle Design -fourutilizing Architecture and Site Design Book in conformance with the Eagle designed building and commercial buildings shall be family -andand/or Mediterranean,” style architecture constructed utilizing “Italianate, Craftsman, commercial/retail buildings shall be architecture shown on Exhibit D. The architecture similar, but not limited to, the constructed utilizing a “Craftsman” style of family building shall be -3.7 The multifollows:#3.7 should be amended to read as approved, Condition of Development development agreement modification is conformance with Eagle City Code, if the To ensure the proposed architecture is in •architecture as shown on Exhibit “E.” Craftsman, and/or Mediterranean style of architecture be limited to Italianate, The applicant is proposing style of •development.style of architecture associated with the agreement does not specifically identify a architecture. The development contains exhibits identifying the style of The executed development agreement • Proposed office use square feet of enclosed area (i.e., enclosed with walls and roof).-30,000enclosed with walls and roof). No commercial building footprint shall exceed square feet of enclosed area (i.e., -shall be limited to a maximum of 80,0002 zoning designation. The commercial area -District Regulations” under the C3 “Official Schedule of -2-uses allowed within Eagle City Code Section 8to be developed with a combination of retail, restaurant, office, and bank 3.8 The commercial area of the Property as depicted on the Concept Plan is :followsasreadtoamend edbeshould8.3#DevelopmentofConditionapproved,ismodificationagreementdevelopmenttheIf.designationzoningDistrict)Business(General2-CthewithinusepermittedaisuseofficeAn.usesallowedtheofoneas8.3#Developm entofConditionwithinidentifiedpreviouslynotwasuseofficeAn• Allocation of proposed uses amended to state as follows:modification is approved, Condition of Development #3.10 should be lanes should be addressed. If the development agreement through -uses within the development. Also, the screening of the drivethrough) -proposing to reduce the number of restaurant (with drivetenant spaces originally approved. The applicant is not -the 21tenant spaces which is a reduction from -The applicant is proposing 17• 3.cueing)vehicleandheadlightsvehicle.e.(ilanesthroughdrivetheutilizingvehiclestheofimpactthereducetoroadwayadjacenttheandlanesthroughdriverestaurantthebetweenwall)concretedesignedsimilarlyorrock,deco rativestone,culturedwall,blockdecorative(berm,buffer”)(inch-eight-fortyminimumaprovideshallOwner.zone2-Ctheinuseallowediswhichthrough,drivewithbankaincludemaydevelopmenttheAdditionally,.a5anda,3,2,1P adstolimitedshallthrough)drive(withRestaurantsThe. Buffer area located adjacent to State Highway 44 follows: Condition of Development #3.17 should be amended to read as area. If the development agreement modification is approved, association will be responsible for the maintenance of the landscaped Since it is commercial development the property owners or business the berm to be placed within an easement versus a common lot. State Highway 44 in its entirety. The applicant is requesting to allow applicant is not proposing to subdivide the area located adjacent to 44), or alternative method of compliance within a common lot. The landscaped berm (measured from the centerline of State Highway The owner was previously required to install a three foot (3’) high • *.applicationplatfinalasubmittalpriorBoardReviewDesigntheapprovedandreviewedshallplanlandscapeThe.)4-1F(Exhibit2015,Decemberprovidedplanthedepicted)475(five-seventyandhundredfourshallshrubsnumbertota ltheand)(five-twentyshalltreesnumbertotalThe.substitutedaretreesshadethe)%(percentfiftythanmorenotthatprovidedtree,flowering/ornamental)1(onewithsubstitutedmaytreeshaderequiredEach.shrubs)(four-twent yandtrees,evergreen)3(threetrees,shade)2(two:wayrightfeetlinear)100(hundredoneperplantsfollowingthewithlandscapedshallareabermThe.HighwayStateadjacentlocatedeasementwide-foot-awithinmethod,alternativ eHighwayStatecenterlinethefrom(measuredbermlandscapedhigh3(footthreeainstallshallOwner.3 Loading facilities read as follows:approved, Condition of Development #3.19 should be amended to loading dock. If the development agreement modification is As proposed, the development will not contain uses requiring a loading dock located adjacent to the north elevation of the building. corner of the development. The anchor tenant was proposed with a agreement identifies an anchor tenant located at the southwest The Concept Plan contained within the executed development • 3.19 Loading facilities or docks shall not be located on the building.however, deliveries may be received on the south side of the Planning Commission Recommendation .LawofConclusionsandFactofFindingsCommissionZoningandPlanningtheof14pageonprovideddevelopmentofconditionsthewithapplicationthisofapprovalrecommendtoabsent)Wright,0t o4(votedCommissionZoningandPlanningEaglethe,2024,22JanuaryOn End of Presentation Projected Traffic‐24 86Difference 6007,950 Total Coffee Shop W/ Drive Thru 1,925 SF 1,027 755,198 367Fast Food W/ Drive Thru 11,120 SF 1,725 158ADT PM PeakITE 11th Edition of the Trip Generation Manual–Revised Site Plan Trip Generation Estimate 7,974 514Total Fast Food W/ Drive Thru 11,400 SF 5,656 3732,318 141Specialty Retail 52,300 SF ADT PM Peakof the Trip Generation ManualEdition ITE 9th –Original TIS DA Mod–Eagle East End Market Place LAND USE COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:West of siteDowntown (Mixed Use with a development DA -MU (Mixed Use) and MURetail CenterOffice, Commercial, East of siteMixed UseBP (Business Park)medical officeMobile home park and South of siteMixed UseDA (Mixed Use)-MUSubdivision)(Tennis Club Plaza Commercial subdivision North of siteCommercial and Mixed Usea PUD\])development agreement \[in lieu of DA (Mixed Use with a -MUSubdivision)(Gated Garden family dwellings -SingleProposedNo Changecurrent zoning designationsagreement associated with the Modification to the development through, and bankrestaurants with drive Office, retail, ExistingCommercial and Mixed UseDevelopment Agreement)DA (Mixed Use with a -MUBusiness with a Development General -DA (Commercial-2-Ccomplexsenior apartment Vacant property and DESIGNATIONCOMP PLANDESIGNATIONZONING R Mwilliams@cityofeagle.org Mail: -E0227-939Phone:Planning & Zoning AdministratorMichael Williams, CFM, Deputy City Staff: Public Hearing April 9, 2024Eagle City Council 23-01-PP/FP UBDIVISION SO ETAIL Applicant Information Zach@Rennisoncompanies.com mail:-E2440-938-208Phone:Zach Turner with Rennison Design Represented by: Eagle, ID 83616430 East State Street, Suite 100Address:TPC Commercial, LLCApplicant: Project Summary.LaneEdgewoodSouth650atLaneEdgewoodSouthand44HighwayStateofcornernortheasttheatlocatedissiteacre-19.6The•.subdivisioncommercialbuildable)-6(lot-6aSubdivision,OneRetailforapprovalsplatf inalandplatpreliminarycombinedrequestingisDesign,RennisonwithTurnerZachbyrepresentedLLC,Commercial,TPC• Aerial Photo Vicinity Map Preliminary Plat Final Plat Site Data 0–Parcels -Total Acreage of Any Out 0 –family -Multi0–Duplex 0 –family attached -Single0–family -Single 0–Total Number of Units 0–Common 0–Industrial 6–Commercial 0–Residential 6–Total Number of Lots acres-6.19–Total Acreage of Site Issues of Special Concern State Highway 44 (SSC#6)Direct lot access from East State Street, South Edgewood Lane, and •amenities (SSC #5 and #10)Maintenance of pressurized irrigation, parking lots, landscaping, and •egress) (SSC #4 and #10)-access agreement -parking and cross-Perpetual reciprocal cross• Perpetual reciprocal cross platfinalthesigningClerkCitythetopriorAttorneyCitythebyapprovedandreviewedbeshallCC&RsThe.subdivisionthewithinsharedbeshallareasparkingallthatrequirementA(d)way-of-rightpub licthetoegress-ingresspedestrianandvehicleforaccess-crossandparking-crossreciprocaltheaddressingrequirementA(c).perpetuityinCode,CityEaglewithaccordanceintreesandshrubsforcaringandfertilizingmowing,w atering,includingmanner,attractiveandcompetentainareaslandscapedthealloperateandmaintaintodutythehaveshallassociation)owner’sbusiness.e.(igrouporownerpropertydesignatedathatprovideshallAgreementThe.d evelopmentthewithinownerspropertyallbyusecommonforallowingeasementreciprocalatosubjectandindescribedbeshallbutownedprivatelybetoareareaslandscapedallthatrequirementA(b).citytheofconsentexpressthewith outdissolvedbecannotAgreementthethatandmodifiedbecannotrequirementthethatandlandthewithrunshallrequirementmaintenanceandrepairThe.amenitiesandlots,parkingaisles,driveservicefacilities,irrigationpress urizedownedprivatelyandcommunityallofmaintenanceforresponsibilityofallocationAn(a):provisionsfollowingthecontainswhichCC&RstheofcopyaprovidetorequiredbeshallapplicantThe.10.platfinalthesigningClerkCi tythetopriorAttorneyCitythebyapprovalandreviewforapplicationplatfinalthewithsubmittedbeshallCC&RsThe.way-of-rightpublicthetoegress-ingresspedestrianandvehicleforaccess-crossandparking-crossreciprocal theaddressinglanguagecontainwhichCC&RstheofcopyaprovideshallapplicantThe.4 egress)-agreement (vehicular and pedestrian ingressaccess -parking and cross- Maintenance of pressurized irrigation, parking lots, .The CC&Rs shall be reviewed and approved by the City Attorney prior to the City Clerk signing the final plat(d) A requirement that all parking areas shall be shared within the subdivision.way-of-egress to the public right-ingressaccess for vehicle and pedestrian -parking and cross-(c) A requirement addressing the reciprocal crosstrees in accordance with Eagle City Code, in perpetuity.competent and attractive manner, including watering, mowing, fertilizing and caring for shrubs and owner’s association) shall have the duty to maintain and operate all the landscaped areas in a development. The Agreement shall provide that a designated property owner or group (i.e. business subject to a reciprocal easement allowing for common use by all property owners within the (b) A requirement that all landscaped areas are to be privately owned but shall be described in and Agreement cannot be dissolved without the express consent of the city.requirement shall run with the land and that the requirement cannot be modified and that the irrigation facilities, service drive aisles, parking lots, and amenities. The repair and maintenance (a) An allocation of responsibility for maintenance of all community and privately owned pressurized 10. The applicant shall be required to provide a copy of the CC&Rs which contains the following provisions:approved by the City Attorney and staff prior to the City Clerk signing the final plat. improvements are to be maintained by one business owner’s association. The CC&Rs shall be reviewed and 5. Provide a copy of the CC&Rs with language stating that the landscaping, parking lot and other shared site landscaping, and amenities Direct lot access from East State Street, South .platfinalthesigningClerkCitythetopriorprovidedbeshallplatfinalrevisedThe”.hereonshownarepoint(s)accesspermittedCurrent.EagleofCitytheandDepartment,Tra nsportationIdahoDistrict,HighwayCountyAdathebyapprovedunlessprohibitedis44HighwayStateandLane,EdgewoodSouthStreet,StateEastfromaccesslot“Directstate,torevised6#noteplatwithplatfinalrevisedaProvide.6 Edgewood Lane, and State Highway 44 Staff Recommendation.11pageonprovidedareapprovalofconditionsstandardtheand4pageonapprovalofconditionsspecificsitetherecommendsstaffapproved,isplatpreliminary/finalcombinedtheifdate,toprovidedinformat iontheonBased Planning Commission Recommendation Fact and Conclusions of Law. of the Planning and Zoning Commission Findings of page 7approval and standard conditions of approval provided on of this application with the site specific conditions of approvalagainst) to recommend GuerberCommission voted 4 to 1 (On February 20, 2024, the Eagle Planning and Zoning End of Presentation Comprehensive West of site Downtown agreement)(Mixed Use with a development DA -MU (Mixed Use) and MUCenterOffice, Commercial, Retail East of site Mixed UseDevelopment Agreement)DA (Mixed Use with a -MUDevelopment Agreement)Business District with a General -DA (Commercial-2-Cliving facilityVacant property and senior siteSouth of Mixed UseDA (Mixed Use)-MUSubdivision)(Tennis Club Plaza Commercial subdivision siteNorth of Commercial and Mixed Usedevelopment agreement)DA (Mixed Use with a -MUClock Tower Retail CenterIndustrial Flex Space, and Proposed No ChangeNo Changecommercial subdivisionProposed six (6) lot Existing Commercial Development Agreement)Business District with a General -DA (Commercial-2-C DESIGNATIONCOMP PLANDESIGNATIONZONINGLAND USE DesignationZoning Map Designation & Plan Map Retail One Subdivision Proposed Preliminary PlatProposed Concept Plan Retail One Subdivision Proposed Preliminary PlatApproved Concept Plan :.. - 1 '.1 •11-1 _ ..s: .mo•.+�, } 9i1+1l'I _ ,yc ;1., •,Kl u�¢ ;u East End Marketplace April 9, 2024Eagle City CouncilDevelopment Agreement Modification Daily trips:2% reductionPM peak hour:AM peak hour: 16% reduction20% reduction East End Marketplace Thank you Original Site PlanUpdated Site Plan