Developers say Eagle City Council’s U-turn on shopping center approval was not legal

The Eagle City Council has voted to reconsider approval of the East End Marketplace on Idaho 44, an about-face that’s the latest turn in a 10-year project and puts the city on the edge of a legal dispute with the developers, Eagle-based Rennison Cos. and TPC Commercial.

The marketplace in southeast Eagle would include retail stores, restaurants and drive-thrus, including a proposed Chick-fil-A. The council first approved the project in April, but now has essentially hit the rewind button and directed city officials to schedule additional public hearings.

“The Council has no authority under Eagle City Code or the Idaho Local Land Use Planning Act to reconsider its decision,” wrote Deborah Nelson, a partner at Boise’s Givens Pursley law firm, which is representing the developers, in a letter to Eagle City Council.

Victor Villegas, the city’s attorney, and Dana Biberston, the city’s spokesperson, did not respond to requests for comment.

The development team has worked with the city of Eagle in good faith and with “a strong desire to continue a positive working relationship,” but the reconsideration has no legal basis, Nelson wrote in the letter.

She asked twice to respond during a council hearing last week but was shot down by Mayor Brad Pike, as the agenda item did not allow public testimony under council rules. She lodged two objections to the reconsideration.

The vote to OK the development last month was unanimous; the vote for a do-over was as well.

Despite more than a dozen people speaking in favor of the project during an April 9 meeting, Council Member Melissa Gindlesperger said people did not take traffic into consideration.

“Throughout the public hearing of East End Marketplace, while there was great support for the potential of one named tenant, I believe that much of the overall dynamic of the (development agreement) was gravely overlooked by the public,” Gindlesperger said.

Gindlesperger said she was concerned that the project and Chick-fil-A would increase traffic to the area, cause problems with the lack of a traffic signal for Edgewood Lane, and make it difficult for traffic exiting the site.

“This does have nothing to do with Chick-fil-A and this has everything to do with the traffic entering and exiting the site,” Gindlesperger said.

Rennison Cos. and TPC Commercial worked with the Ada County Highway District to build improvements for the area and said no more work needs to be done to support the East End Marketplace, according to Nelson.

At the council’s request, Rennison Cos. hired Kittelson & Associates to run a traffic impact study for the site, and it found that although the shopping center and popular fast-food restaurant would increase traffic, that increase still would be within the approved volume for the roads. The study included data from other Chick-fil-A locations in Boise, Nampa and Meridian.

Gindlesperger said the City Council also was concerned about the exterior design of the restaurant, but both the developers and city staff members said everything still must pass through Eagle’s Design Review Board, which would address those concerns.

The packed council chambers cleared out after the vote, but some stayed until the end of the meeting to speak against the decision for a do-over.

Resident Laurie Ruddick called it unlawful and said it sets the city up for a lawsuit.

“Everyone has the right to question your motives at this point and it is clearly disingenuous,” she said. “I would sue the city if I was the developer.”

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