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Agenda - 2024 - City Council - 06/11/2024 - RegularTHE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho June 11, 2024 5:30 PM INVOCATION 1. CALL TO ORDER 2. ROLL CALL: GINDLESPERGER, KVAMME, MAY, 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. 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 February 8, 2024. (TEO) C. Minutes of May 22, 2024. (TEO) D. DR-2013-19-MOD6 - Modification to the Eagle Tennis Center - Life Time: Life Time, represented by Jay Sparks, is requesting design review approval to modify the Eagle Tennis Center building by remodeling the existing 85,614-square foot building and constructing a 50,515-square foot addition to create a health club for the Life Time Club. The 10.98-acre site is located on the north side of East Riverside Drive approximately 233-feet east of South Edgewood Lane at 1650 and 1632 East Riverside Drive (Lots 1 and 2, Block 1, Tennis Club Plaza Subdivision No. 1). (BAW) Eagle Tennis Center Building Addition Action Design Review E. DR-2024-13 - Three Building Wall Signs for Life Time Club - Life Time: Life Time, represented by Jay Sparks, is requesting design review approval for three building wall signs for the Life Time Club. The 10.98-acre site is located on the north side of East Riverside Drive approximately 233-feet east of South Edgewood Lane at 1650 and 1632 East Riverside DRive (Lots 1 and 2, Block 1, Tennis Club Plaza Subdivision No. 1). (BAW) Life Time Signage Action Design Review F. DR-2024-14 - Common Area Landscaping within Torrente Secco Subdivision - Thomas Coleman: Thomas Coleman, represented by Brian Garrett with Brian Garrett Architecture and Design, PLLC, is requesting design review approval for the common area landscaping within Torrente Secco Subdivision (Phases 1-5). The 88.32-acre site is located at the southeast corner of West Beacon Light Road and North Palmer Lane between West Beacon Light Road and West Floating Feather Road at 6397 West Beacon Light Road and 6868 West Floating Feather Road. (ERF) Torrente Secco Subdivision Landscape Action Design Review G. DR-2024-15 - Two Subdivision Entry Features and Monument Signs for Torrente Secco Subdivision - Thomas Coleman: Thomas Coleman, represented by Brian Garrett with Brian Garrett Architecture and Design, PLLC, is requesting design review approval for two subdivision entry features and monument signs for Torrente Secco Subdivision. The 88.32-acre site is located at the southeast corner of West Beacon Light Road and North Palmer Lane between West Beacon Light Road and West Floating Feather Road at 6397 West Beacon Light Road and 6868 West Floating Feather Road. (ERF) Torrente Secco Subdivision Signage Action Design Review H. Findings of Fact and Conclusions of Law for the Denial of CU-12-17 MOD/PPUD-06-17 MOD — Planned Unit Development Modification for Brookway Subdivision No. 4 — Biltmore Company: Biltmore Company is requesting a planned unit development modification to permit a reduced side yard setback for a two-story structure located within Lot 16, Block 6, Brookway Subdivision No. 4. The request is to reduce the side yard setback of a two-story structure from 10-feet to 7.5-feet. The .39-acre site is located at 2805 North Synergy Avenue, Eagle ID 83616. (MJW) Brookway Sub PPUD MOD CCF I. Easement Agreement Between TBC Land Holdings, LLC, and the City of Eagle : Request for approval of a Water Easement Agreement between TBC Land Holdings, LLC, and the City of Eagle for City of Eagle water system improvements constructed on property 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. (MJW) J. Development Agreement for RZ-19-21 — Kingswood Subdivision — TBC Land Holdings, LLC: Council authorization for Mayor to execute the development agreement associated with the rezone from RUT (Rural -Urban Transition - Ada County designation) to R-2-DA-P (Residential with a development agreement - PUD). The 38.81-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. (MJW) Kingswood Sub DA CC FNL VER K. FPUD-2024-05 & FP-2024-07 — Final Development Plan and Final Plat for Carrara Estates Subdivision No. 2 — Toll Southwest, LLC: Toll Southwest, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting final development plat and final plat approvals for Carrara Estates Subdivision No. 2, a 27-lot (20-buildable, 7-common) residential planned unit development. The 11.85-acre site is located on the north side of West Floating Feather Road approximately 2,280-feet west of North Eagle Road. (MJW) Carrara Estates Sub No. 2 FPUD-FP L. PP-2021-16-EXT1 — Cadenza Court Subdivision — MJV Properties, LLC: MJV Properties, LLC, represented by Amanda Wiemiller with David Evans and Associates, is requesting an extension of time for the preliminary plat for Cadenza Court Subdivision, a 14-lot (8-buildable, 5-common, 1-private street) residential subdivision. The 1.38-acre site is located on the east side of South Parkinson Street approximately 35-feet south of the intersection of South Parkinson Street and East Syringa Street at 540 South Parkinson Street. (HSD) Cadenza Court PP EXT M. Ratifying Resolution 24-05 - Appointment Policy for the Urban Renewal Agency: Ratifying, and assigning the approval action taken by City Council on May 28, 2024, adopting an appointment policy for the Eagle Urban Renewal Agency. The policy is effective nun pro tunc May 28, 2024. (TEO) 24-05 Urban Renewal Agency Appointment Policy N. Independent Contractor Agreement Between the City of Eagle and Challenger Sports: An Independent Contractor Agreement between the City of Eagle and Challenger Sports to provide equipment and services needed to run soccer camp. (LKB) O. First Amended and Restated Reimbursement Agreement Between the City of Eagle and Avimor Development, LLC: First Amended and Restated Reimbursement Agreement between the City of Eagle and Avimor Development, LLC for City Staff and Third -Party Consultant Review of Avimor Pre - Development Materials, Pre -Application Coordination meetings, and Pre -Application Correspondence Directly Related to Any Forthcoming Applications (collectively, "Pre -development Costs). (VV/WEV) First Amended and Restated Avimor Reimbursement Agreement - cc version 6-11-24 P. FP-2024-06 Final Plat for Stillwater Subdivision No. 2: Stillwater Development Partners, LLC, represented by KM Engineering, LLP, is requesting final plat approval for Stillwater Subdivision No. 2, a 10-lot (8-buildable, 2-common) commercial subdivision. The 5.49-acre site is located on the southwest corner of West State Street and State Highway 44. (HSD) Stillwater Subdivision No. 2 Staff Packet 7. UNFINISHED BUSINESS: A. Orville Jackson Property: Museum Director, Alana Dunn will present Mayor and Council with comments received from the Idaho State Historic Preservation Office regarding alterations to the Orville Jackson property which is currently listed on the National Register of Historic Places. (ACD) 8. 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 Public Hearing to Consider a New Capitalization Fee for the City of Eagle Water Department. (HECO and KR) A.1. Resolution No. 24-03, New Capitalization Fee to Replace Storage and Trunk Line Fees and Water Construction Equivalency Fees in Accordance with a City of Eagle Water System Capitalization Fee Study: A resolution replacing the Storage and Trunk Line (STL) Fees and Water Construction Equivalency (WCE) Fees with a new Capitalization Fee for the City of Eagle Water Department in accordance with Eagle City Code Section 1-7-4 and providing an effective date. (KR) *This item was continued from the May 28, 2024, City Council meeting. Staff is requesting this item be continued to the June 25, 2024, City Council meeting. Establishing Water Capitalization Fees, Resolution 24-03 B. CUP-2024-02 — Conditional Use Permit for Highland Homes Events — Highland Executive Offices, LLC: Kathy Wilkins with Highland Executive Offices, LLC is requesting conditional use permit approval for a "Live Entertainment Events" facility for weddings, receptions, and similar events. The approximately .97-acre site is located on Lot 24, Block 4, Mixed Use Subdivision No. 5 within Eagle River Development at 1015 South Bridgeway Place. (HSD) Highland Executive Offices Live Entertainment Events Staff Packet C. RZ-12-18 MOD — Rezone from R-E-DA to A-R-DA and Development Agreement Modification — Steve Bruneel: Steve Bruneel, represented by Tamara Thompson with The Land Group Inc., is requesting a development agreement modification and a rezone from R-E-DA (Residential -Estates with a development agreement) to A-R-DA (Agricultural -Residential with a development agreement) for a portion of the site (approximately 30-acres). The applicant is requesting a development agreement modification to update the concept site plan and conditions of development associated with the rezone and vineyard, winery, and live entertainment events. The 39-acre site is located on the northeast corner of West Homer Road and North Gooder John Lane at 4952 North Gooder John Lane. (Lot 4, Block 1 and Lot 5, Block 1, Bruneel Subdivision). (MJW) RZ-12-18 MOD Bruneel Vineyard PZ ACTION D. CU-11-23 — Conditional Use Permit for Bruneel Vineyards (Winery, Vinyard, Live Entertainment Events) — Steve Bruneel: Steve Bruneel, represented by Tamara Thompson with The Land Group Inc., is requesting a conditional use permit approval for a vineyard, winery, and live entertainment events such as holiday, business, office, birthday, wedding/engagement party, meeting fundraisers, and concerts. The 30-acre site is located on the northeast corner of West Homer Road and North Gooder John Lane at 4952 North Gooder John Lane (Lot 4, Block 1, and Lot 5, Block 1, Bruneel Subdivision). (MJW) CU-11-23 Bruneel Vineyard PZ ACTION E. VAC-03-23 — Bruneel Subdivision — Steve Bruneel: Steve Bruneel, represented by Tamara Thompson with The Land Group Inc., is requesting a partial vacation within, Lot 4, Block 1, Bruneel subdivision for Plat Note 6 to be modified to allow for Lot 4, Block 1 to become a buildable lot. The 30-acre site is located on the northeast corner of West Homer Road and North Gooder John Lane at 4952 North Gooder John Lane. (MJW) RZ-12-18 MOD Bruneel Vineyard PZ ACTION 9. NEW BUSINESS: A. ACTION ITEM: Ordinance 928 - Dissolving the Eagle Industrial Development Corporation: An Ordinance Of The City Of Eagle, Ada County, Idaho, Repealing N Its Entirety Ordinance 385, An Ordinance Of The City Of Eagle, Ada County, Idaho, That Established An Industrial Development Corporation, And Providing An Effective Date. (TEO) ORD 928 - Dissolving the Industrial Development Corporation B. ACTION ITEM: Ordinance 929 - Annexation and Rezone Ordinance - Tierpointe Subdivision: 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 said real property described herein from RUT (Rural -Urban Transition - Ada County designation) to R-6-DA (Residential 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; providing a severability clause; and providing an effective date. The 16.01-acre site is located on the north side of State Highway 44 approximately 0.6-mile west of the intersection of State Highway 44 and North Linder Road. (MJW) ORD 929 - Tierpointe A RZ Vicinity Map C. ACTION ITEM: Ordinance 930 - Annexation and Rezone Ordinance - Brookstone Subdivision: 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 said real property described herein from RUT (Rural -Urban Transition - Ada County designation) to R-6-DA (Residential 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; providing a severability clause; and providing an effective date. 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) ORD 930 - Brookstone A RZ Brookstone Vicinity Map D. ACTION ITEM: Ordinance 917 - Annexation and Rezone Ordinance - Shetland Pointe Subdivision: 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 said real property described herein from RUT (Rural -Urban Transition and R1 (Residential) to R-3-DA-P (Residential with a development agreement - PUD); 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; providing a severability clause; and providing an effective date. 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) ORD 917 Shetland Point Sub SHETLAND VICINITY E. ACTION ITEM: Ordinance 925 - Rezone Ordinance - Oakwood Meadows Subdivision: An ordinance changing the zoning classification of the real property described herein from R-E (Residential Estates) to R-2-DA (Residential 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; providing a severability clause; and providing an effective date. The 2.8-acre site is located on the north side of West Oakhampton Drive and South Mallard Wing Way at 1920 West Oakhampton Drive. (HSD) ORD 925 Oakwood Meadows Rezone Ordinance Oakwood Meadows Vicinity Map 10. 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. 11. 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. ACTION ITEM: Action Regarding Pending/Threatened Litigation. 12. 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.