Findings - CC - 2024 - RZ-95-MOD4 - Development Agreement Modification BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION FOR JEFF LIKES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-95 MOD4
The above-entitled development agreement modification application came before the Eagle City Council for
their action on March 26,2024. 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:
Jeff Likes with ALC Architecture, is requesting a development agreement modification to remove
the language"Pharmacy,""Restaurant A,"and"Retail" labels shown on the buildings identified on
the concept plan associated within Eagle Marketplace. The 7.5-acre site is located on the northeast
corner of Chinden Boulevard and Eagle Road.
B. APPLICATION SUBMITTAL:
The development agreement modification request was received by the City of Eagle on January 9,
2024.A revised narrative was received by the City on March 6,2024. A concept plan was received
by the City on March 12,2024.
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 March 8,2024.
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 March 8, 2024. The site was posted in
accordance with the Eagle City Code on March 15,2024.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 27, 1995,the City Council approved a rezone with development agreement(recorded as Ada
County instrument#95062665)for this site for William Hodges(RZ-95).
On November 24, 1998,the City Council approved a conditional use permit for Eagle Country Plaza
Shopping Center for William Hodges(CU-07-98).
On September 18,2001,the City Council approved a development agreement modification(recorded
as Ada County instrument#101131820)to allow the monument signage to be increased from 8-feet
to 15-feet in height for William Hodges(RZ-95-MOD).
On July 8,2003,the City Council approved a development agreement modification(recorded as Ada
County instrument#103137170) to erect a monument sign to be shared with the City of Eagle, and
to allow the placement of one directional sign at each of the two entrances into the shopping center
(RZ-95 MOD2).
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On April 29, 2005, William Hodges submitted a conditional use permit modification application to
allow vehicular access to/from the shopping center to enter and exit the easternmost driveway
(providing access to Chinden Boulevard via a driveway) which was required to be closed per site
specific condition of approval number 18 of the original conditional use permit.The application was
subsequently withdrawn.
On January 26, 2016, the City Council approved a development agreement modification to modify
the conditions of development relating to landscaping,building design,and service facilities(RZ-95
MOD3).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-2-DA(General Commercial Shopping
Business District with a Center-Eagle Market
development agreement) Place(formerly known as
&C-1-DA(Neighborhood Eagle Country Plaza)
Business District with a
development agreement)
Proposed No Change No Change No Change
North of site Residential One R-1 (Residential) Single-Family Residences
South of site Not in Eagle City's Area Boise Designation of C- Shopping Center
of Impact 4D
East of site Residential One R-1 (Residential) Single-Family Residence
and Pasture
West of site Residential One . R-1-P(Residential-PUD) Banbury Subdivision
(Residential)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 7.5-acres(approximate)
APPLICANT'S STATEMENT OF JUSTIFICATION OF A MODIFICATION TO THE
DEVELOPMENT AGREEMENT:
See applicant's justification letter date stamped by the City on January 9,2024,(attached to the staff
report).
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Utilities and services have previously been installed at the site.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
L. NONCONFORMING USES:
Based upon the information available, the proposed rezone modification will not create any
noncompliance issues with regard to provisions of the Eagle City Code.
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N. LETTERS FROM THE PUBLIC:None.
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. COMPREHENSIVE PLAN PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:None.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:None.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.2 The Concept Plan(Exhibit B)represents the Owner's current concept for Eagle Marketplace.
As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community,a public hearing
shall be held on any proposed changes in the Concept Plan, and notice shall be provided as
may be required by the City
D. DISCUSSION:
• The applicant is requesting a development agreement modification to remove the language
"Pharmacy," "Restaurant A," and "Retail" labels shown on the buildings identified on the
concept plan. If approved,it will allow the applicant to fill current or future vacancies with any
use as permitted within the executed development agreement
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the development agreement modification application
is approved, staff recommends the Concept Plan(Exhibit"C")within the executed development agreement
(Ada County instrument #2016-023969) be replaced with an updated Concept Plan with the language
"Pharmacy,""Restaurant A,"and"Retail"labels shown on the buildings removed.
PUBLIC HEARING OF THE COUNCIL(Public Hearing AudioNideo Record):
https://eagle-id.granicus.com/player/clip/1855?meta id=93232
A. A public hearing on the application was held before the City Council on March 26, 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 this application was presented to the City Council by no one(not including the
applicant/representative).
C. Oral testimony in opposition to this application was presented to the City Council by no one.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the City Council
by one(1)individual who indicated a concern with future uses within the site may not be consistent with
the residential uses located within the area.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-95 MOD4 for a development agreement modification for Jeff Likes,
to remove the language"Pharmacy,""Restaurant A,"and"Retail" labels shown on the buildings identified
on the concept plan(Exhibit"A").
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-95 MOD4)
development agreement modification with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council",and based upon the information provided concludes that the proposed rezone
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The zoning designations of C-1-DA and C-2-DA are in accordance with the Commercial
classification shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed for
this site indicate that public facilities exist to serve any and all uses allowed on this property under
the zone.
c. The C-1-DA and C-2-DA zones have previously been determined to be compatible with the zoning
and land uses to the south,north,west and east;
d. The land is not located within a "Hazard Area" or "Special Area" as described within the
Comprehensive Plan;and
e. No nonconforming uses are expected to be created with this modification to the development
agreement.
DATED this 9th day of April 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Brad e,Mayor
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