Findings - CC - 2025 - RZ-07-19 MOD1 - Stadium View Sub Rezone with DA MODBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A REZONE WITH DEVELOPMENT AGREEMENT MODIFICATION FOR MARGIE AND JERRON PORCHIA FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-07-19 MOD1 The above -entitled rezone with development agreement modification application came before the City Council for their action on January 14, 2025, at which time public testimony was taken and the public hearing was closed. The 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: Margie and Jerron Porchia are requesting a development agreement modification to renegotiate the time frame for the completion of Stadium View Center to establish a new termination date of November 21, 2029, and to modify condition #3.9 of the development agreement to amend the landscape buffer requirement. The 2.53-acre site is located on the west side of North Horseshoe Bend Road approximately 130-feet south of West Bonita Hills Boulevard at 10201 North Horseshoe Bend Road. B. APPLICATION SUBMITTAL: The rezone with development agreement modification request was received by the City of Eagle on September 30, 2024. A revised narrative was received by the City of Eagle on December 5, 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 December 27, 2024. Notice of this public hearing was mailed to property owners within five hundred feet (500-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on December 26, 2025. The site was posted in accordance with the Eagle City Code on January 3, 2025. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 22, 2019, the City Council approved a rezone from R-1 (Residential) to C-1-DA (Neighborhood Business District with a development agreement [in lieu of a conditional use permit]) to allow for retail, restaurant, and residential uses (3 townhomes, 2 single-family dwellings, and 4 residential condominiums [located within the commercial building]) (RZ-07-19). On February 25, 2020, the executed development agreement was recorded at the Ada County Recorder's Office (Ada County Instrument #2020-022348). On August 11, 2020, the City Council approved a design review application for the common area landscaping within Stadium View Center, including a 3-story, 4-unit, multi -tenant retail/restaurant/office/residential building (DR-68-19). On August 11, 2020, the City Council approved a design review application for a 5,032-square foot multi -tenant office/retail building (DR-93-19). Page 1 of 5 K:\Planning Dept\Eagle Applications\Subdivisions\Stadium View\Stadium View RZ-07-19 MODI\03-Working Files\03-City Council\02-CC Packet\RZ-07-19 MOD Stadium View ccf.docx On August 11, 2020, the City Council approved a design review application for one townhome building (3 units) and two single-family dwellings within Stadium View Center (DR-94-19). On March 4, 2022, the City approved an extension of time for the common area landscaping within Stadium View Center, including a 3-story, 4-unit, multi -tenant mixed use (commercial and residential) building (EXT-01-22). On March 4, 2022, the City approved an extension of time for a 5,032-square foot multi -tenant office/retail building within Stadium View Center (EXT-02-22). On March 4, 2022, the City approved an extension of time for one townhome building (3 units) and two single-family dwellings within Stadium View Center (EXT-03-22). On July 26, 2022, the City Council approved a modification to the common area landscaping within Stadium View Center to allow the landscaping to be phased with the construction of the buildings (DR- 68-19 MOD). On February 28, 2023, the City Council approved a preliminary plat application for Stadium View Center, a 10-lot (8-buildable [5-residential, 3-commercial (including 4 condominium dwelling units)], 2-common) mixed -use subdivision (PP-14-22). On August 1, 2023, the City approved a second extension of time for the common area landscaping within Stadium View Center, including a 3-story, 4-unit, multi -tenant mixed use (commercial and residential) building (EXT-04-23). On August 1, 2023, the City approved a second extension of time for a 5,032-square foot multi -tenant office/retail building within Stadium View Center (EXT-05-23). On August 1, 2023, the City approved a second extension of time for one townhome building (3 units) and two single-family dwellings within Stadium View Center (EXT-06-23). On July 18, 2024, the City approved a third extension of time for the common area landscaping within Stadium View Center, including a 3-story, 4-unit, multi -tenant mixed use (commercial and residential) building (DR-2019-68-EXT3). On July 18, 2024, the City approved a third extension of time for a 5,032-square foot multi -tenant office/retail building within Stadium View Center (DR-2019-93-EXT3). On July 18, 2024, the City approved a third extension of time for one townhome building (3 units) and two single-family dwellings within Stadium View Center (DR-2019-94-EXT3). Page 2 of 5 K:\Planning Dept\Eagle Applications\Subdivisions\Stadium View\Stadium View PZ-07-19 MODI\03-Working Files\03-City Council\02-CC Packet\PZ-07-19 MODI Stadium View ccf.docx E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-1-DA (Neighborhood Single-family dwelling Business District with a development agreement) Proposed No change No change Mixed use subdivision North of site Commercial C-3 (Highway Business Single-family dwelling District) and a contractor's yard South of site Mixed Use MU-DA (Mixed Use with a Vacant property development agreement) East of site Neighborhood R2 (Residential — Ada Single-family residential Residential/Public/Semi County designation) and subdivision (Bonita Hills -Public RP (Rural Preservation — Subdivision) and a Ada County designation) cemetery West of site Mixed Use MU-DA (Mixed Use with a Vacant property development agreement) F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. G. TOTAL ACREAGE OF SITE: 2.53-acres H. APPLICANT'S STATEMENT OF JUSTIFICATION OF A MODIFICATION TO THE DEVELOPMENT AGREEMENT: See applicant's justification letter, date stamped by the City on December 5, 2024, attached to the staff report and incorporated herein by reference. I. LETTERS FROM THE PUBLIC: None received to date. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT 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 CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARING THIS PROPOSAL: Eagle City Code Section 8-10-1: Requirements and Restrictions for Development Agreements G. Modification Of Development Agreement: A development agreement may be modified by the city council only after complying with the notice and public hearing provisions of section 67-6509 of the Idaho Code. Page 3 of 5 KAPlanning DeptTagle Applications\Subdivisions\Stadium View\Stadium View RZ-07-19 MODI\03-Working Files\03-City Council\02-CC Packet\RZ-07-19 MODI Stadium View ecf.docx C. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of Development or without an amendment to this Agreement for its extension being in process in accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed within an A-R (Agricultural -Residential) zoning designation until Eagle enacts and records an ordinance changing the property to the A-R (Agricultural -Residential) zoning designation. 8.10 Termination: If the Property is not developed as conditioned herein, this agreement shall terminate 5-years after the Effective Date. D. DISCUSSION: The applicant is requesting to renegotiate the time frame for completion of the project and is proposing an additional five (5) years to construct the project. The applicant's narrative lists worker shortages, unstable building and supply markets, inflation, increasing interest rates, and the unforeseen health and economic impacts of the pandemic as hindrances to progress in constructing Stadium View Center. • To date, Stadium View Center has received design review approval for the common area landscaping, one multi -tenant office/retail building, one townhome building (3 units) and two single-family dwellings, as well as preliminary plat approval for a 10-lot mixed -use subdivision. The preliminary plat approval is valid until February 28, 2025. The design review approvals are valid until August 11, 2025. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on January 14, 2025, 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 proposal was presented to the City Council by no one (not including the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the City Council by no one. COUNCIL DECISION: The Council voted 4 to 0 to approve RZ-07-19 MOD 1 for a rezone with development agreement modification for Margie and Jerron Porchia, to establish a new development agreement termination date of November 21, 2029, and to modify condition of development #3.9 of the development agreement with the following underlined text to be added by the Council and strikethrough text to be deleted by the Council: 3.9 Owner shall construct a 35 feet wide landscape buffer in accordance with Eagle City Code Section 8 AA 7(J)(4)ra) along North Horseshoe Bend Road between the proposed south entrance and the south property line (as generally shown on the Concept Plan). The landscape buffer area shall be constructed prior to the issuance of building permits for the residential dwellings. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-07-19 MOD I) with 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 requested zoning designation of C-1-DA (Neighborhood Business District with a development agreement) is consistent with the Commercial designation as shown on the Comprehensive Plan Future Land Use Map; Page 4 of 5 KAPlanning Dept\Eagle Applications\Subdivisions\Stadium View\Stadium View RZ-07-19 MOD I \03-Working Files\03-City Council\02-CC Packet\RZ-07-19 MOD Stadium View ccCdocx b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed C-1-DA (Neighborhood Business District with a development agreement) zoning district is compatible with the C-3 (Highway Business District) zone and land use to the north since that area contains a single-family residence and a contractor's yard; d. The proposed C-1-DA (Neighborhood Business District with a development agreement) zoning district is compatible with the MU-DA (Mixed Use with a development agreement) zone and land use to the south since that area is vacant and may be developed with a mixed use; e. The proposed C-I-DA (Neighborhood Business District with a development agreement) zoning district is compatible with the R2 (Residential — Ada County designation) and RP (Rural Preservation — Ada County designation) zone and land use to the east since that area contains a residential subdivision (with a buffer area located between the subdivision and North Horseshoe Bend Road) and a cemetery, both of which are located across North Horseshoe Bend Road; f. The proposed C-1-DA (Neighborhood Business District with a development agreement) zoning district is compatible with the BP (Business Park) zone and land use to the west since that area is vacant and may be developed with a business park use; g. The proposed use, as conditioned within the development agreement, will not create any non- conforming uses. DATED this 25th day of February, 2025. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Bm4q5ffe, Mayor '—' U AT EST: C IT yabo-,� • } Tracy E. s orn, Eagle City Clerk •' .� Page 5 of 5 KAPlanning Dept\Eagle Applications\Subdivisions\Stadium View\Stadium View RZ-07-19 MODI\03-Working Files\03-City Council\02-CC Packet\RZ-07-19 MODI Stadium View ecf.docz