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Findings - CC - 2025 - RZ-2017-04 MOD4 - A rezone with development agreement modification for Bronco Acres SubBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A REZONE WITH A DEVELOPMENT AGREEMENT MODIFICATION FOR BRONCO ACRES SUBDIVISION FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-2017-04 MOD4 The above -entitled development agreement modification application came before the Eagle City Council for their action on June 24, 2025, at which time public testimony was taken and the public hearing was closed. 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, is requesting a modification to the rezone with development agreement for Bronco Acres Subdivision to modify the concept plan by changing the proposed lot configuration and by adding an additional commercial building. The 9.97-acre site is located on the north side of State Highway 44, approximately 175 feet east of North Park Lane. B. APPLICATION SUBMITTAL: The rezone modification application was received by the City of Eagle on May 1, 2025. 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 June 4, 2025. 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 June 3, 2025. The site was posted in accordance with the Eagle City Code on June 13, 2025. 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). 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. Page 1 of 4 \\eaglefs2.cityofeagle.org\Common\Planning Dept\Eagle Applications\RZ&A\2017\RZ-2017-04-MOD4 Bronco Acres Subdivision\03-Working Files\01-City Council\02-CC Packet\Bronco Acres DA Mod CC findings.docx 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 June 13, 2023, the City Council approved a development agreement modification for an amended and restated development agreement and a combined preliminary/final plat (RZ-04-17 MOD2 and PP/FP-01-22). On February 13, 2024, the City Council denied a development agreement modification application for Bronco Acres Subdivision to remove the requirement to construct a six-foot (6') high concrete fence adjacent to the northern boundary of the property (RZ-04-17 MOD3). On August 8, 2024, the Design Review Board approved design review applications for a bank with drive -up service and one building wall sign (DR-2024-24 and DR-2024-25). On October 17, 2024, the amended and restated development agreement was executed (Instrument #2024-058887). On April 22, 2025, the City Council approved a final plat for Bronco Acres Subdivision (FP-2024-22). 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: Chapter 6 — Land Use 6.3 Land Use Designation The Comprehensive Land Use Map (adopted November 15, 2017), designated this site as the following: Mixed Use Suitable for a mixture of uses including limited office, limited commercial and residential. Residential densities within the designation is up to 20 units per acre but density will be determined on a site by site basis. Uses should complement and not take away from downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or development agreement process. See the planning area text for a complete description of site specific uses. Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration, regional trails and connectivity. Page 2 of 4 eaglefs2.cityofeagle.org\Common \Planning Dept\Eagle Applications \RZ&A\2017\RZ-2017-04-MOD4 Bronco Acres Subdivision\03-Working Files\O1-City Council\02-CC Packet\Bronco Acres DA Mod CC findings.docx 6.5 Park Lane Planning Area The Park Lane Planning Area is designated as mixed use combining community commercial, professional office, and a variety of residential densities. The vision for the area is to formalize an activity center by Eagle High School and the existing residential development in the area. The goal is to establish a neighborhood center/node with pedestrian scale design and access to the future transit along State Highway 44. The following land use and development policies are specific to the Park Lane Planning Area. 6.5.1 Park Lane Uses C. All properties within the Park Lane Planning Area abutting State Street should designed to promote trip capture by including a mix of residential uses, commercial uses (limited to lease spaces no larger than 30,000 square feet) and office uses. The properties abutting State Street should be reviewed and conditioned by the City through the use of a development agreement at the time of rezone. ZONING CODE PROVISISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Eagle City Code Section 8-10-1: Requirements and Restrictions 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. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.3 The Concept Plan represents the Owners current concept for completion of the Project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur or be required. If the City determines that any such changes require additional public comment before coming into effect due to potential impacts on surrounding property or the community, a public hearing shall be held on the changes and notice shall be provided as may be required by the City. DISCUSSION: There is no staff discussion regarding this proposal. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on June 24, 2025, at which time testimony was taken and the public hearing was closed. The City 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 no one. COUNCIL DECISION: The Council voted 4 to 0 to approve RZ-2017-04 MOD4 for a rezone with development agreement modification for Bronco Acres Subdivision, with the following staff -recommended additional condition of development: 3.17 To reflect the reconfiguration of lot lines within Bronco Acres Subdivision resulting from the land use change within this development agreement, a lot line adjustment application shall be reviewed and approved by the City prior to the issuance of any building permits. Page 3 of 4 \\eaglefs2.cityofeagle.org\Common \Planning Dept\Eagle Applications\RZ&A\2017\RZ-2017-04-MOD4 Bronco Acres Subdivision\03-Working Files\01-City Council\02-CC Packet\Bronco Acres DA Mod CC findings.docx CONCLUSIONS OF LAW: 1. The City Council reviewed the particular facts and circumstances of this proposed rezone with development agreement modification (RZ-2017-04 MOD4) 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 with development agreement modification is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The zoning designation of MU-DA (Mixed Use with a development agreement) is consistent with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map, and the proposed land use is in conformance with the MU (Mixed Use) zone; b. The applicant has extended the public facilities needed for this site pursuant to the conditions of approval of the preliminary plat and final plat; c. The MU-DA (Mixed Use with a development agreement) zone has previously been determined to be compatible with the zoning and land uses to the south, north, west and east, and the proposed modification is consistent with the current land use; d. The land proposed for modification to the development agreement is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and e. No nonconforming uses will be created with this modification to the rezone with development agreement. Regulatory Takings Analysis Notice: Applicant has a right to request a regulatory takings analysis pursuant to Idaho Code Section 67-8003. DATED this 8th day of July, 2025. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Brad Pike, Ma ATTEST: racy E. O j: o , ity Clerk Page 4 of 4 eaglefs2.cityofeagle.org\Common\Planning Dept\Eagle Applications\RZ&A\2017\RZ-2017-04-MOD4 Bronco Acres Subdivision\03-Working Files\01-City Council\02-CC Packet\Bronco Acres DA Mod CC findings.docx