Findings - CC - 2024 - RZ-04-17 MOD3 - Development Agreement Modificaiton [Development Agreement in Lieu of a PUD] BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION [DEVELOPMENT )
AGREEMENT IN LIEU OF A PUD] FOR )
MUSTANG CROSSING EAGLE,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-04-17 MOD3
The above-entitled development agreement modification (development agreement in lieu of a PUD)
application came before the Eagle City Council for their action on February 13, 2024, at which time
public testimony was taken and the public hearing was closed. The Council made their decision at that
time. The Eagle City Council, having heard and taken oral and written testimony, and having duly
considered the matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Mustang Crossing Eagle, LLC, represented by Stephanie Hopkins with KM Engineering, LLP, is
requesting a modification to the rezone development agreement (development agreement in lieu of a
PUD)associated with Bronco Acres Subdivision. The request is to modify Condition of Development
#3.12, removing the requirement to construct a six-foot (6') high pre-cast concrete fence located
adjacent to the northern boundary of the property. The 9.84-acre site is located at the northeast corner
of North Park Lane and State Highway 44.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, on Wednesday, September 27, 2023. The
rezone development agreement modification application was received by the City of Eagle on
November 3,2023.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on January 5,
2024. Notice of this public hearing was mailed to property owners in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 5, 2024. The site
was posted in accordance with the Eagle City Code on February 1,2024.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 18, 2007, the City Council approved a comprehensive plan text amendment, rezone
with development agreement(in lieu of a PUD)and preliminary plat for Millpark Village Subdivision
(CPA-01-07/RZ-07-07/PP-09-07).
On October 14, 2008, the City Council approved an extension of time for the preliminary plat for
Millpark Village Subdivision to be valid until December 18,2009.
On March 9, 2010, the City Council approved an extension of time application for Millpark Village
Subdivision until December 18,2010(EXT-28-09).
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On January 11, 2011, the City Council approved an extension of time for the preliminary plat for
Millpark Village Subdivision to be valid until December 18, 2011 (EXT-13-10).
The original executed development agreement(Instrument#108005081)associated with the property
expired on January 15,2015.
On September 10,2015,the Design Review Board approved the common area landscaping associated
with Liberty Park Subdivision (inclusive of the privacy fence located between Liberty Park
Subdivision and the subject property(DR-31-15).
On July 25,2017,the City Council approved a rezone with development agreement(in lieu of a PUD)
application for Mustang Crossing(RZ-04-17).
On August 24,2017,the Design Review Board approved a design review application for the common
area landscaping, including the construction of a 4,515-square foot convenience store with fuel
service and a 4,122-square foot fuel island canopy(DR-31-17).
On January 22, 2018, the City approved a modification to the common area landscaping for Jackson
Food Stores(DR-31-17 MOD).
On January 29, 2018, the Zoning Administrator approved a lot line adjustment associated with the
subject property(LLA-08-17).
On March 5, 2020, a development agreement modification application was submitted by Falcon One,
Inc./Shane Jimenez. The application was subsequently withdrawn on April 15, 2020 (RZ-04-17
MOD).
On June 13, 2023, the City Council approved a development agreement modification and combined
preliminary/final plat for Broncos Acres Subdivision(RZ-04-17 MOD2 and PP/FP-01-22).
E. COMPANION APPLICATIONS:All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use and Scenic MU-DA(Mixed Use with a Convenience store with
Corridor development agreement [in fuel service and vacant
lieu of a PUD]) property
Proposed No Change No Change Mixed use commercial
development
North of site Mixed Use MU-DA(Mixed Use with a Warrior Park
development agreement) Subdivision, single-
family residence,and
senior housing
South of site Mixed Use MU-DA(Mixed Use with Camille Beckman and
Development Agreement) Eagle Island State Park
and PS(Public/Semipublic)
East of site Mixed Use MU-DA(Mixed Use with Arts West Subdivision
Development Agreement) (commercial)
West of site Mixed Use R-9-DA(Residential with a Proposed Skyview
development agreement[in Subdivision consisting
lieu of a PUD])and MU- of single-family attached
DA(Mixed Use with dwellings and a
Development Agreement commercial lot
[in Lieu of a PUD])
G. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE DEVELOPMENT AGREEMENT
MODIFICATION:
See applicant's justification letter, date stamped by the City on November 3, 2023 (attached to the
staff report).
H. LETTERS FROM THE PUBLIC:None received to date
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THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF MEMORANDUM AND ADOPTS THE STAFF
MEMORANDUM AS PART OF THE CITY COUNCIL'S FINDINGS OF FACT:
A. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-6: Design Requirement,Objectives and Considerations:
B. Architectural Requirements, Building Materials, Fence And Deck/Patio Materials, Colors,
And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein,
materials listed in this section are allowed. If a material proposed for construction is not listed
in this section it shall be upon the discretion of the zoning administrator, the design review
board, and the city council, whichever the case may be, to determine the appropriateness of
such material.
3. Fences:
a. Block(with columns),which may include brick,rock, stone or similar veneer;
b. Brick(with columns);
c. Wrought iron;
d. Decorative wood and vinyl fencing may be permitted if the city determines that the
style of fence proposed is complementary to the building architecture and overall site
design;
e. Dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance
and/or unsightly fencing is prohibited. However, powder coated chain link fencing
may be permitted for use on school sites.
• Eagle City Code Section 8-3-3: Supplemental Yard and Height Regulations:
D. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts: Nonresidential
buildings or uses shall not be located nor conducted closer than forty feet(40')to any lot line
of a Residential District; except that the minimum yard requirements may be reduced to fifty
percent (50%) of the requirement if acceptable landscaping or screening approved by the
Council is provided. Such screening shall be a masonry or solid fence between four feet (4')
and eight feet (8') in height, maintained in good condition and free of all advertising or other
signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not
less than twenty feet (20') in width planted with an evergreen hedge or dense planting of
evergreen shrubs not less than four feet(4')in height at the time of planting.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.12 The development shall include a ten foot (10') wide buffer area adjacent to the northern
boundary of the Property as noted in the Concept Plan. The ten foot(10')wide buffer area shall
contain a pre-cast concrete fence six feet (6') in height. The pre-cast concrete fence shall be
constructed with the second phase of the development. As noted in the Concept Plan, the
development shall include the required buffer area adjacent to N. Park Lane and State Highway
44 based upon the location of the parking areas and buildings per Eagle City Code.
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C. DISCUSSION (based on the applicant's narrative, date stamped by the City on November 3, 2023,
and the executed development agreement [Ada County instrument #2017-101445][attached to the
staff report]):
• The subject site is bordered to the north by Warrior Park Subdivision(formerly known as Liberty
Park Subdivision), a non-conforming property inclusive of a residential dwelling, and a property
containing senior housing (multi-family dwellings). Warrior Park Subdivision and the senior
housing property both have privacy fences bordering the subject property which were installed
during the construction of the respective developments. The Warrior Park Subdivision privacy
fencing consists of a six-foot(6') high vinyl picture frame fence and the senior housing property
consists of a six-foot(6')high white vinyl fence. The non-conforming property does not have any
fencing located adjacent to the subject property. Since there are two (2) styles of privacy fencing
located adjacent to the north property line it is unknown if the applicant is going to match the
existing fencing or install new privacy fencing adjacent to the north property line in its entirety.
• As part of the original approval associated with the rezone request of the subject property (RZ-
04-17), staff recommended condition of developments to be placed within a development
agreement. The staff recommended Condition of Development #3.12 stated, "The development
shall include a ten foot(10')wide buffer area adjacent to the northern boundary of the Property as
noted in the Concept Plan. The ten foot (10') wide buffer area shall contain a CMU wall eight
feet (8') in height. As noted in the Concept Plan, the development shall include the required
buffer area adjacent to N. Park Lane and State Highway 44 based upon the location of the parking
areas and buildings per Eagle City Code."
Based on a proposal by a previous applicant to install a six-foot(6') high precast concrete fence
in lieu of an eight-foot(8')high CMU wall,the Planning and Zoning Commission recommended,
and the City Council approved the application with Condition of Development #3.12 revised to
state, "The development shall include a ten foot (10') wide buffer area adjacent to the northern
boundary of the Property as noted in the Concept Plan. The ten foot(10') wide buffer area shall
contain a pre-cast concrete fence six feet (6') in height. The pre-cast concrete fence shall be
constructed prior to the issuance of the first building permit. As noted in the Concept Plan, the
development shall include the required buffer area adjacent to N. Park Lane and State Highway
44 based upon the location of the parking areas and buildings per Eagle City Code."
• As noted within the applicant's narrative, the applicant is proposing to include two (2)conditions
to address the discussion they had with the neighbors during the neighborhood meeting. The two
(2)proposed conditions are as follows:
1. Applicant shall coordinate with existing neighbors to the north of the subject property within
the Liberty Park Subdivision (parcel numbers: R9234360090, R9234360100, R9234360110,
R9234360120, R9234360130, R9234360140, R9234360150, R9234360160, &
R9234360170)and the Edgewood Spring Creek development(parcel number: R2860500083)
to collaboratively maintain existing fencing. A proportional contribution based on property
frontage shall be utilized to determine monetary contributions when necessary.
2. Applicant shall install a fence along the northern property boundary abutting parcel number
R2860500077 with similar and/or complementary architectural style to existing adjacent
fencing. Maintenance of fencing shall be the joint responsibility of property owners adjacent
to the fence.
The proposed conditions indicate the applicant should coordinate with the existing neighbors to
the north to collaboratively maintain the existing fencing. As part of the maintenance of the
privacy fence, it is the applicants desire that a proportional contribution based on property
frontage should be utilized to determine monetary contributions when necessary. The applicant
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wants the maintenance of the fencing to be joint responsibility of the property owners adjacent to
the fence and the applicant. Since the 6-foot pre-cast concrete fence was required to buffer the
commercial uses within the subject property from the residential uses located north of the subject
property, it should not be a requirement of the adjacent residential property owners to share in the
maintenance cost of the fence.
• Based on the proposed uses within the site,the executed development agreement, and the two (2)
styles of existing privacy fencing located adjacent to the northern property line, staff recommends
the applicant should be required to replace the existing privacy fencing with the style of fencing
required pursuant to the executed development agreement.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Based upon the information provided to staff to date, staff recommends Condition of Development#3.12
remain as required, pursuant to the executed development agreement (Ada County instrument #2017-
101445).
PUBLIC HEARING OF THE COUNCIL(Public Hearing Audio/Video Record):
https://eagle-id.granicus.com/player/clip/1836?meta jd=91434
A. A public hearing on the application was held before the City Council on February 13, 2024, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the application was presented to the City Council by no one(not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by one (1)
individual who expressed the following concerns:
• Vinyl fences are not very solid.
• Leaving the existing fences could pose a safety hazard to neighbors who may have dementia.
• The applicant should not be permitted•to pass a portion of the maintenance cost on to the
neighbors.
COUNCIL DECISION:
The Council voted 4 to 0 to deny RZ-04-17 MOD3 for a development agreement modification to
Condition of Development#3.12 (development agreement in lieu of a PUD) for Mustang Crossing Eagle,
LLC.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed development agreement
in lieu of a PUD, and based upon the information provided concludes that the proposed development
agreement modification is NOT in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
C. That the development would be hazardous or disturbing to existing or future neighborhood uses.
The existing privacy fencing will not provide an adequate buffer between the commercial
development and the existing residential uses. The applicant should be required to provide a pre-
cast concrete fence six feet (6') in height as required pursuant to the executed development
agreement.
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D. That the development will involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons,property or the general welfare by
reason of excessive production of traffic,noise, smoke,fumes,glare or odors.
The Council determined that based on the testimony received the existing privacy fencing located
adjacent to the north property line will not provide an adequate buffer between the proposed
commercial uses and the existing residential uses. Therefore, the applicant should be required to
provide a pre-cast concrete fence six feet (6') in height as required pursuant to the executed
development agreement.
DATED this 12th day of March,2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Bra ike,Mayor
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Tracy E. Osb ,Eagle City Clerk SEAL
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"Regulatory Taking Notice: In accordance with section 67-6519, Idaho Code, Applicant has the right,
pursuant to section 67-8003,Idaho Code,to request a regulatory taking analysis"
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