Findings - CC - 2026 - FP-2026-04 - Development Agreement in lieu of a final planned unit development and a final plat for Riverbend Commons SubBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A DEVELOPMENT AGREEMENT IN LIEU )
OF A FINAL PLANNED UNIT DEVELOPMENT )
AND A FINAL PLAT FOR RIVERBEND )
COMMONS SUBDIVISION FOR SEVEN TWO )
ONE, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FP-2026-04
The above -entitled final plat application came before the Eagle City Council for their action on April 14,
2026. The 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:
Seven Two One, LLC, represented by Dave Yorgason with Tall Timber Consulting, is requesting
final plat approval for Riverbend Commons Subdivision, a 23-lot (21-buildable [20-commercial,
1-residential], 2-common) mixed use subdivision. The 14.00-acre site is comprised of six (6) parcels
and is generally located 1,500-feet southwest of the intersection of State Highway 44 and South
Urban Gate Avenue at 2603, 2611, 2755, and 2785 West State Street.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on January 12, 2026. A revised final
plat was received by the City on March 25, 2026.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 27, 2016, the City Council approved an annexation and rezone from RUT (Rural -
Urban Transition — Ada County Designation) to MU-DA (Mixed Use with a development) for
Richard and Sharon Terry for parcels No. S0507346750 and S0507346775 (A-2016-04 &
RZ-2016-06).
On November 1, 2016, the City Council a development agreement for Richard and Sharon Terry for
parcels No. S0507346750 and S0507346775 (PD-2016-02).
On January 25, 2025, the City Council approved a rezone from A-R (Agricultural -Residential) to
MU-DA (Mixed Use with a development agreement [in lieu of a PUD and Conditional Use
Permit]), a development agreement modification, and preliminary plat approval for Riverbend
Commons Subdivision (RZDA-2025-03 & PP-2024-02).
On September 23, 2025, the City Council approved a design review application for the common
area landscaping within Riverbend Commons Subdivision (DR-2025-55).
D. PRELIMINARY PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated January 25, 2025, are incorporated
herein by reference.
Page 1 of 7
KAPlanning DeptTagle Applications\Subdivisions\Riverbend Commons\Riverbend Commons - FP-2026-04\03-Working Files\01-City CounciRRiverbend Commons FP findings CC.docx
E. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 (B):
The Council shall find that the facts submitted with the application and presented to them establish
that:
1. The ordinance and standards used in evaluating the application;
2. The facts submitted with the application and presented to them establish that:
a. The proposed development can be initiated within one year of the date of approval;
b. Each individual phase of the development, as well as the total development, can exist as an
independent phase capable of creating an environment of sustained desirability and stability
or that adequate assurance will be provided that such objective will be attained and the uses
proposed will not be detrimental to present and potential surrounding uses, but will have a
beneficial effect which would not be achieved under standard district regulations;
c. The streets and thoroughfares proposed are suitable and adequate to carry anticipated
traffic, and increased densities will not generate traffic in such amounts as to overload the
street network outside the PUD;
d. Any proposed commercial development can be justified at the locations proposed;
e. Any exception from standard district requirements is warranted by the design and other
amenities incorporated in the final development plan, in accordance with the PUD and the
adopted policy of the council;
f. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development;
g. The PUD is in general conformance with the comprehensive plan; and
h. The existing and proposed utility services are adequate for the population densities and
nonresidential uses proposed;
3. The actions, if any, that the applicant could take to obtain a permit.
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:
The City Engineer and Planning staff have reviewed the final plat. The final plat shows that there have
been no significant changes from the preliminary plat. The final plat is in substantial compliance with
the preliminary plat with the conditions recommended herein.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on April 14, 2026. The Council made their decision at that
time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve FP-2026-04 for a final plat for Riverbend Commons Subdivision
with the following site specific conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. Comply with all conditions within the development agreement for rezone application RZDA-2024-
03 and subsequent modifications.
Page 2 of 7
KAPlanning DeptTagle Applications\Subdivisions\Riverbend Commons\Riverbend Commons - FP-2026-04\03-Working Files\01-City Council\Riverbend Commons FP findings CC.docx
3. Comply with all applicable requirements of PP-2024-02.
4. Comply with the conditions of DR-2025-55.
5. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice
by the City, whichever occurs first.
6. The applicant shall enter into a Traffic Mitigation Agreement to address the required Idaho
Transportation Department (ITD) improvements at the intersection of State Highway 44 and South
Urban Gate Avenue. The applicant shall provide a copy of the executed ITD Traffic Mitigation
Agreement to the City prior to the City Clerk signing the final plat.
7. The applicant shall be required to provide a 20-foot-wide (20'W) public access easement associated
with the 10-foot-wide (10'W) pathway within Lot 1, Block 1, and Lot 1, Block 2, as a separate
recorded easement agreement prior to the City Clerk signing the final plat. The easement shall have
a minimum 4-foot margin on each side of the pathway tread and within any part of the easement,
where possible.
8. The applicant shall provide a cross -access easement over Lots 2 and 3, Block 3, to allow for vehicular
access to occur across each lot. The cross -access easement shall be recorded as a separate agreement
to be noted on the final plat prior to the City Clerk signing the final plat.
9. The applicant shall provide a license agreement from ACHD approving the landscaping located with
the public rights -of -way abutting and within this site prior to the City Clerk signing the final plat.
10. The applicant shall provide a license agreement to the City from ITD approving the landscaping
(grass and irrigation) and maintenance of the landscaped portion of the public right-of-way between
the paved section of State Highway 44 and the property line prior to the City Clerk signing the final
plat.
11. The applicant shall provide pedestrian access easements over the entirety of the five -foot -wide (5' W)
sidewalks along both sides of South Pinedale Way and West Copper Silo Street.
12. The building heights, setbacks, and lot area regulations shall be as follows:
Lots 2-15, Block 1; Lots 2-3, Block 2; and Lots 1, 4, and 5, Block 3:
Maximum Height: 35 feet
Front: 15 feet
Rear: 0 feet
Side: 7.5 feet where adjacent to a drive aisle or parking; 0 feet at common wall
Street Side: 10 feet
Maximum Lot Coverage: 75%
Minimum Lot Area: 2,000 square feet
Minimum Lot Width: 25 feet
Minimum Street Frontage: 0 feet
Lot 2, Block 3 (if develoued as a Snorts Comnlex)*:
Maximum Height: 45 feet
Front: 15 feet
Rear: 0 feet
Side: 7.5 feet where adjacent to a drive aisle or parking
Street Side: 10 feet
Maximum Lot Coverage: 75%
Minimum Lot Area: 2,000 square feet
Minimum Lot Width: 25 feet
Page 3 of 7
KAPlanning Dept\Eagle Applications\Subdivisions\Riverbend Commons\Riverbend Commons - FP-2026-04\03-Working Files\01-City Council\Riverbend Commons FP findings CC.docx
*If the two (2) Sports Complex buildings are combined into one (1) Sports Complex building, the
maximum footprint of the building shall not exceed 102,100 square feet in size and the height shall
not exceed 45 feet, inclusive of architectural appurtenances, parapet walls, and roof -mounted utilities.
Lot 2. Block 3 (if developed as a 2-Story Office Buildin
Maximum Height: 35 feet
Front: 15 feet
Rear: 0 feet
Side: 7.5 feet where adjacent to a drive aisle or parking
Street Side: 10 feet
Maximum Lot Coverage: 75%
Minimum Lot Area: 2,000 square feet
Minimum Lot Width: 25 feet
Lot 3, Block 3 (Existing Residence):
Maximum Height: 35 feet
Front: 20 feet
Rear: 20 feet
Side: 7.5 feet
Street Side: 20 feet
Maximum Lot Coverage: 50%
Minimum Lot Area: 5,000 square feet
Minimum Lot Width: 50 feet
Minimum Street Frontage: 0 feet
13. The applicant shall not construct any required improvements, including storm drainage or roadway
facilities, until the City has received a copy of the ACHD stamped and approved final engineering
construction drawings. Upon receipt of the ACHD approved construction drawings and confirmation
by the City Engineer that they comply with the City approved construction drawings, the City will
issue a "notice to proceed with construction" to the applicant's designated representative.
14. All common area improvements within Riverbend Commons Subdivision as specified on the
approved landscape plan (DR-2025-55) shall be completed or a surety shall be provided as required
by Eagle City Code prior to the City Clerk signing the final plat.
15. The developer shall provide 2-inch minimum caliper shade -class trees as shown on the approved
landscape plan. Prior to the City Clerk signing the final plat, the applicant shall either install the
required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of
the installation of all landscape and irrigation improvements. Trees shall be installed prior to
obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather
does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the
development that is completed, including street trees that have been installed. On -going surety for
street trees for all undeveloped portions of the development will be required through project
completion.
16. At the time of providing surety information the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
17. Provide an approval letter for construction of sewer improvements from Eagle Sewer District, prior
to the issuance of a "notice to proceed with construction" letter to the project engineer.
18. The applicant shall provide an approval letter from Veolia Water prior to the issuance of a "notice to
proceed with construction" letter to the project engineer.
Page 4 of 7
KAPlanning Dept\Eagle Applications\Subdivisions\Riverbend Commons\Riverbend Commons - FP-2026-04\03-Working Files\01-City Council\Riverbend Commons FP findings CC.docx
19. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
20. Prior to installation of the municipal fiber-optic conduit lines, the applicant shall provide an approval
letter from the City of Eagle Public Works Department prior to the issuance of a "notice to proceed
with construction" letter to the project engineer. Upon completion of the installation of the municipal
fiber-optic conduit lines, the applicant shall provide GIS coordinates of the locations of the municipal
fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates
provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk signing
the final plat.
21. Provide a digital copy of the subdivision records drawings prior to the issuance of building permits.
22. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to
the City Clerk signing the final plat.
23. The applicant shall install at the entrances to Riverbend Commons Subdivision 4' x 4' plywood or
other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a minimum
of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash.
24. Construction fencing shall be installed to protect all trees that are to be preserved on the site, prior to
the commencement of any construction. No activity whatsoever shall take place within the drip line
of the trees.
25. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
26. All overhead utilities serving the site shall be located underground.
27. Provide a copy of the recorded CC&Rs for the subdivision, two (2) full size copies of the recorded
final plat, and an 8 1/2" x I recorded copy of the final plat of Riverbend Commons Subdivision,
prior to the issuance of any building permits.
28. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a "Notice to Proceed" with construction letter.
29. The applicant shall include the instrument number for all recorded pathway easements on the final
plat prior to recordation.
30. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle, machinery, or
equipment weighing 25,000 pounds or more, as measured by the Gross Vehicle Weight Rating
(GVWR). The submitted plan shall:
■ Graphically show all proposed designated route(s) in which heavy truck traffic is permitted to
utilize.
■ State the days and hours in which heavy truck traffic is permitted to utilize the designated
route(s).
■ Maximize the use of highways and principal arterials while minimizing the use of local residential
streets.
■ State that compression braking is prohibited everywhere in Ada County.
■ Include certification that the Owner understands that they are responsible for continually
communicating the approved plan to all sub -contractors and for monitoring compliance.
The Heavy Truck Traffic Plan shall be reviewed and approved by staff prior to the issuance of a
Notice to Proceed (NTP) with Construction letter by the City.
Page 5 of 7
K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\Riverbend Commons - FP-2026-04\03-Working Files\01-City Council\Riverbend Commons FP findings CC.docx
CONCLUSIONS OF LAW:
A. In accordance Eagle City Code Section 8-6-6-3(B), the Council finds that the facts submitted with
the application and presented to the Council, with the conditions herein, establish that:
1. This development will be initiated within one year of the date of final plat approval;
2. Each individual unit of the development, as well as the total development, will exist as an
independent unit capable of creating an environment of sustained desirability and stability or
that adequate assurance can be provided that such objective will be attained. The uses will not
be detrimental to present and potential surrounding uses, but will have a beneficial effect which
would not be achieved under standard district regulations because of the conditions placed on
this development;
3. The streets and thoroughfares to be constructed are suitable and adequate to carry anticipated
traffic, and the proposed density will not generate traffic in such amounts as to overload the
street network outside the planned unit development (PUD). The owner will enter into a Traffic
Mitigation Agreement with the Idaho Transportation Department as conditioned herein to
address the required roadway improvements;
4. The proposed commercial development will serve nearby residential development, providing
employment opportunities and access to restaurants, shops, and services which complement
uses within and adjacent to the property;
5. Any exception from standard district requirements is warranted by the design and other
amenities incorporated in the final development plan, in accordance with the PUD and the
adopted policy of the Council because the varied lot sizes, setbacks and uses as specifically
approved by the City will allow for a mix of uses in accordance with the Comprehensive Plan;
6. The area surrounding Riverbend Commons Subdivision can be planned and zoned in
coordination and substantial compatibility with the proposed development since no intensive
uses, that might impact the commercial and residential areas surrounding the development, are
proposed;
7. The PUD is in general conformance with the land uses established within the Comprehensive
Plan; and
8. The existing and required utility services are adequate for the approved uses and population
densities as noted by the agencies that will serve the development.
* In accordance with Idaho Code Section 67-6521, a Notice to Proceed with Construction letter will be
provided upon the completion of the conditions of approval following the 14-day appeal period.
Page 6 of 7
K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\Riverbend Commons - FP-2026-04\03-Wo6ing Files\01-City Council\Riverbend Commons FP findings CC.docx
DATED this 28th day of April, 2026.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Bra >ke, Mayor
ATTEST: o t t
OFF_A
G��• y0R •��
¢ cn
Tracy E. sborn, Eagle City Clerk - •
• SEALr,.
OF
Page 7 of 7
KAPIa ing DeptTagle Applications\Subdivisions\Riverbend Commons\Riverbend Commons - FP-2026-04\03-Working Files\01-City Council\Riverbend Commons FP findings CC.docx