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Findings - CC - 2019 - RZ-07-19 - Rezone From R-1 To C-1-Da/10201 N Horseshoe Bend RdBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A REZONE JIOM R-1 (RESli1ENTIAL) TO C -1 -DA (NEIGHBORHOOD BUSINESS DISTKICT WITH A DEVELOPMENT AGREEMENT (IN LIEU OF A CONDITIONAL USE PERMIT) FOR JERRON AND MARGIN; PORCHIA HNDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-.07-19 The above -entitled rezone application came before the Eagle City Council for their action on October 8, 2019, 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; YINDINGS OF FACT: A. PROJECT SUMMARY: Jerron and Margie Porchia are requesting a rezone from R-1 (Residential) to C -1 -DA (Neighborhood Business District with a development agreement lin lieu of a conditional use permit]) to allow for retail, restaurant, and residential uses (3-townhomes, 2 single-family dwellings, 4-residenital condominiums -located within the commercial building]). The 2.56 -acre site is located on the west side of North Horseshoe Bend Road approximately 130 -feet south of intersection of West Bonita Hills Boulevard and North Horseshoe Bend Road at 10201 North Horseshoe Bend Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 6:30 PM, on Wednesday, May 1, 2019, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on May 7, 2019. A revised application was provided to the City on May 10, 2019. A revised site plan and proposed joint/shared parking agreement were provided to the City on August 13, 2019. Revised building elevations were provided to the City on August 14, 2019. A second revised site plan and joint/shared parking agreement were provided to the City on August 29, 2019. C. NOi10E OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 17, 2019. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August 19, 2019. The site was posted in accordance with the Eagle City Code on August 22, 2019. Requests for agencies' reviews were transmitted on June 19, 2019, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the 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 September 20, 2019. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Page 1 of 13 K:\Planning DeptTagle Applicarions\RZ&A\2019VtZ-07-19 Porchia ccf.docx Idaho Code and Eagle City Code on September 17, 2019. The site was posted in accordance with the Eagle City Code on September 27, 2019. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICA'i'IONS: All applications are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA'i'iONS: Existing Proposed COMP PLAN DESIGNATION Commercial No change North of site Commercial South of site East of site West of site Professional Office/Business Park Neighborhood Residential/Public/Semi- Public Professional Office/ Business Park ZONING DESIGNATION R-1 (Residential) C -1 -.DA (Neighborhood Business District with a development agreement) C-3 (Highway Business District) BP (Business Park) R2 (Residential — Ada County designation) and RP (Rural Preservation — Ada County designation) BP (Business Park) LAND USE Single-family dwelling Restaurant/retail/office, community event center, and residential Single. -family dwelling and a contractor's yard Vacant property Single-family residential subdivision (Bonita Hills Subdivision) and a cemetery Vacant property G. DESIGN REVIEW OVERLAY DIS'i'RICT: Not in the DDA, 'IDA, CEDA, or DSDA. H. TOTAL ACREAGE OF SIlE: 2.56 -acres I. APPLICANT'S STA'IEMENT OF JUSTIFICA 1 lON FOR IHE REZONE: See applicant's justification letter (attached to the staff report), date stamped by the City on May 10, 2019. J. APPLICANT'S STA'I'EMENT OF JIJSTIFICAI'ION OF A DEVELOPMENT AGREEMENT: See applicant's justification letter (attached to staff report), date stamped by the City on May 10, 2019. K. PARKING ANALYSIS: • Pursuant to Eagle City Code Section 8-4-5 the following parking is required (based on use): o Offices, business and professional o Restaurant o Retail o Residential 1/250 square -feet 1/150 square -feet 1/250 square -feet 2/dwelling unit (inclusive of one (1) covered) Page 2 of 13 K:\Planning DeptTagle Applications\RZ&A\2019\RZ-07-19 Porchia ccf.docx Commercial Buildings (2 total) Staffbased the parking analysis on the information provided on the site plan, date stamped by the City on August 29, 2019. Retail/Office: 1/250 square -feet 17,279/250 = 70 parking spaces Restaurant: 1/150 square -feet 11,471/150 = 77 parking spaces Storage 1/1,000 square feet 350/1,000 = 1 parking space Residential 4 -dwelling units (2 parking spaces, inclusive of 1 -covered) = 8 parking spaces Total Spaces Required: = 156 parking spaces Total Parking Spaces Provided (overall site: = 148 parking spaces (A 20% reduction may be permitted with an approval of a joint/collective parking facility agreement) L. AVAILABILTI Y AND ADEQUACY OF UTILITIES AND SERVICES: Eagle Sewer District provided email correspondence, dated June 19, 2019, which indicated that the property has not been annexed into the District's boundary to date. The correspondence further stated that there is an 8 -inch sewer stub located at the northwest corner of the property. The property is located within the Eagle Water Company's certificated water service area. Fire service is provided by Eagle Fire District. Police protection is provided by Ada County Sheriff's Office through a contract with the City of Eagle. M. PUBLIC USES SHOWN ON FU'IURE ACQUISITIONS MAP: No map currently exists. N. NON -CONFORMING USES: None apparent within the development. O. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments which appear to be of special concern are noted below: Andeavor Ada County Highway District Communities in Motion 2040 (COMPASS) Eagle Fire Department Eagle Sewer District Idaho Transportation Department P. LETTERS FROM 'I'HE PUBLIC (attached to the staff report): Correspondence received from Thaddeus and Theresa Hoffman, date stamped by the City on June 24, 2019. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAF'I' ANALYSIS PROVII)ED WITHIN THE STAi' REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 1 HIS PROPOSAL: • The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Page 3 of 13 K:\Planning DeptTagle Applications\RZ&A\2019\RZ-07-19 Porchia cc£docx Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail, and service establishments. Uses should complement uses within Downtown Eagle. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 1HIS PROPOSAL: • Eagle City Code Section 8-1-2: Rules and Definitions: CLUB OR LODGE: A building or portion thereof or premises owned or operated by an organized association of persons for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests; but still not including any organization, group or association, the principal activity of which is to render a service usually and ordinarily carried on as a business. DWELLING, MULIl-FAMILY: A dwelling consisting of three (3) or more dwelling units including townhouses and condominiums with varying arrangements of entrances and party walls. Multi -family housing may include public housing. DWELLING, SINGLE-FAMILY: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space. This classification includes manufactured homes and any home in which eight (8) or fewer supervised unrelated mentally and/or physically handicapped or elderly persons reside. • Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions: C-1 NEIGHBORHOOD BUSINESS DISi'EJCT: To permit the establishment of convenience business uses which tend to meet the daily needs of the residents of an immediate neighborhood while establishing development standards that prevent adverse effects on residential uses adjoining a C-1 district. Such districts are typically appropriate for small shopping clusters or integrated shopping centers located within residential neighborhoods. • Eagle City Code Section 8-2-3: Schedule of District Use Regulations: Single-family dwellings and multi -family dwellings are allowed by Conditional Use within the C- 1 (Neighborhood Business District). • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum District Height Side Side Lot Lot Area Lot Covered (Acres Or Width I* Sq. Ft.) G And H* C-1 35' 15' 0' 0' 10' 50% 2,000 25' • Eagle City Code Section 8-2A-7(J)(4)(a): Landscape and Buffer Area Requirements: 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi -family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for Page 4 of 13 K:\Planning DeptTagle Applications\RZ&A\2019\RZ-07-19 Porchia cc£docx berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: a. Any road designated as an urban or rural collector on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code Section 8-4-2: Off Street Parking and Loading; Site and Building Lighting: 8-4-2: Application of Provisions: A. No building or structure shall be erected, substantially altered, or its use changed unless permanently maintained off street parking and loading spaces have been provided in accordance with the provisions of this title. D. If more than one use is located on the site, the number of off street parking spaces shall be equal to the sum of the requirements prescribed for each use unless ajoint/collective parking facility is approved as provided for in section 8-4-4-3 of this chapter. 8-4-4-3: Joint/Collective Parking Facilities: A. Off street parking spaces required by this chapter for any specific use shall not be considered as providing parking spaces for any other use except where a joint/collective parking facility has been approved pursuant to the following: 1. The applicant shall show that: a. There is no substantial conflict in the principal operating hours of the building, structure or use for which the joint/collective parking facility is proposed; b. The peak hours of parking demand from the uses shall not coincide so that the peak demand will be less than the parking required; c. The shared parking spaces shall serve the uses without conflict; d. The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if a joint/collective parking facility was not requested; and e. If a public transit system serves the area, the applicant may provide documentation showing that the parking demand will be reduced. 2. The proposed reduction of required spaces, applicable to each use, shall be shown by the applicant. Page 5 of 13 K:\Planning DeptTagle Applications\RZ&A\2019\RZ-07-19 Porchia ccf.docx 3. The city may require the applicant to submit survey data, or additional documentation substantiating a request for a joint/collective parking facility. 4. The joint/collective parking facility may be on a site other than the site where the use is located, but shall be located no further than that permitted by subsection 8-4-4-1A of this chapter. 5. The spaces to be provided shall be available as long as the uses requiring the spaces are in operation. 6. The parties concerned in the joint/collective parking facility shall submit a written agreement in a form to be recorded for such joint/collective use, approved by the city attorney as to form and content, and such agreement, when approved as conforming to the provisions of this chapter, shall be recorded in the office of the county recorder and copies thereof filed with the zoning administrator prior to issuance of a building/zoning permit, or prior to issuance of a certificate of occupancy, whichever occurs first. The agreement shall include: a. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking; b. A guarantee among the landowners for access to a use of the joint/collective parking facility; c. A provision that the city may require parking facilities in addition to those originally approved upon findings by the city council that adequate parking to serve the uses has not been provided; d. A provision stating that the city council, may for due cause and upon notice and hearing, unilaterally modify, amend, or terminate the agreement at any time; and e. Any other information required to be documented on such agreement by the city in an effort to assure compliance with this title. 7. The zoning administrator may permit a maximum reduction in the number of spaces to be provided not exceeding twenty percent (20%) of the sum of the number of spaces required for each use only if the provisions of this chapter have been met. The maximum allowable reduction in the number of spaces to be provided shall not exceed twenty percent (20%) of the sum of the number required for each use served unless a conditional use is approved by the city council. 8. No use shall be continued if the parking is removed from ajoint/collective parking facility unless substitute parking facilities are provided. • Eagle City Code Section 8-4-5: Schedule of Parking Requirements: ••,,,•• • • - - - Apartments or multi -family dwellings Single-family dwelling (lots less than 15,000 square feet) For each unit with 2 or more bedrooms - 2 including 1 covered; for each 1 bedroom or studio unit - 1.5 including 1 covered. 0.25 spaces per unit shall be provided for guest parking. Adjacent on street parking spaces on a local street may be credited toward the guest parking requirement 2 including 1 covered '.a*..-: _ _ ^��..--�:-ti-'+'@_ "'."r:�r;y� �=��*,m 'z_ :..��.�;,�,�--,�. _ _ �=^• __ - a:-r:+���-s`c-.r+..., -_.i. -1�'C:;..`,_ _ __::.d-i:Y'"- _r.4 _ �a; };.-i 'v.t' - - �. V�A�-_ ��i.'_ - L-._ _ _ --.�.'"`� -•-'ii .-r - ..�r'.- :C. -., ���` 'aa f.i .✓s: ��....�, �K` _ l Page 6 of 13 K:\Planning Dept\Eagle Applications\RZ&A\2019\RZ-07-19 Porchia ccf.docx Offices, business and professional Restaurants, dining rooms, taverns, nightclubs, etc. Retail sales not listed under another use classification 1 per 250 square feet of gross floor area 1 per 150 square feet of gross floor area; plus per 35 square feet dance floor 1 per 250 square feet of gross floor area; in the DDA and lt)A 1 per 500 square feet of gross floor area shall be required for any such use and on street parking shall be included in the minimum requirement =c'v _�.:r At�� a i :`�: ��c -:`'Faa�:z,,-. :.ta -c '-'�� ;�z- -+tet•`?_. - • Eagle City Code, Section 8-7-3-2 General Standards for Conditional Use: The Commission/Council shall review the particular facts and circumstances of each proposed Conditional Use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8) for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8); C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existing or future neighborhood uses; E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares; and L Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. • Eagle City Code, Section 8-7-3-5: Conditional Use Permit: D. Conditions of Permit: Upon the granting of a conditional use permit, conditions may be attached to said permit including, but not limited to, those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; Page 7 of 13 K:\Planning DeptTagle ApplicarionsaZ&A\2019\RZ-07-19 Porchia ccf.docx 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or services; and 7. Requiring more restrictive standards than those generally required in this title. • Eagle City Code Section 8-10-1: Development Agreements: A. Purpose: Development agreements are a discretionary tool to be used by the council as a condition of rezoning. Development agreements allow a specific project with a specific use to be developed on property in an area that is not appropriate for all uses allowed or conditional in the requested zone. D. Approval of The Development Agreement: 1. The Council may require a development agreement be executed to allow a rezone if, in the opinion of the council, approval of the requested rezone does not satisfy the requirements set forth in the zoning ordinance for rezone approval, but the particular project or use contemplated has a value to the community that would justify the use of a development agreement. A development agreement may not allow a use on the parcel that is not an allowed or conditional use in the requested rezone. C. DISCUSSION: • The applicant is proposing a commercial/residential development consisting of 30,772 square -feet of commercial space and seven (7) residential dwelling units (3-townhomes, 2 -single-family, and 2 -condominiums). The applicant has provided a proposed joint/shared parking agreement, date stamped by the City on August 29, 2019, which provides an analysis of parking demand based on proposed uses and specific times of the day. The joint/shared parking agreement shows that at the highest peak time of use 134 -parking spaces will be required. The site plan identifies 148 -parking spaces (not inclusive of the townhome and single-family residential parking). Based on the square footage of the proposed commercial and two (2) residential condominium uses identified on the site plan, 156 -parking spaces are required pursuant to Eagle City Code Section 8-4-5. Pursuant to Eagle City Code Section 8-4-4-3, a reduction of parking spaces not exceeding 20% of the sum of the number of spaces may be approved if the provisions of Eagle City Code Section 8-4-4-3 have been met. The applicant is requesting a 5.2% reduction of parking, which equates to 8 -parking spaces. If the City Council approves the parking reduction, the applicant should provide a joint/collective parking facility agreement as required pursuant to Eagle City Code 8-4-4-3(A)(6) prior to issuance of a building permit. • The site plan identifies five (5) residential dwelling units located in proximity to the southeast corner of the site. One (1) of the residential dwellings is located along North Horseshoe Bend Road (collector). Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a), when a residential development is located along a collector roadway a 35 -foot wide landscape buffer area is required. The applicant should be required to construct a 35 -foot wide landscape buffer in accordance with Eagle City Code Section 8-2A-7(J)(4)(a) along North Horseshoe Bend Road between the proposed south entrance and the south property line. The landscape buffer area should be constructed prior to issuance of a building permits for the residential dwellings. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on September 3, 2019, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. Page 8 of 13 K:Tlanning DeptTagle Applications\RZ&A\2019\RZ-07-19 Porchia ccf.docx B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by one (1) individual who indicated the following: • They moved to this area because there is no commercial uses located in close proximity to the subdivision. • The parking lot lighting will impact the adjacent properties. • The development will require signage to be located along North Horseshoe Bend Road and will impact the adjacent properties. • The restaurants will have liquor licenses and will be open late hours. • The proposed uses will create additional traffic in the immediate area. • There are no sidewalks in the area. • Property values in the immediate area will decrease. • Based on the size of the project, the proposed project should be located in an area more appropriate for commercial uses. C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). COMMISSION DELIBERATION: (Granicus time 1:22:05) Upon closing the public hearing, the Commission discussed during deliberation that: • The applicant has researched the comprehensive plan for this area and has a good understanding of the policies within the plan. • The area has a commercial designation in the comprehensive plan and has had this designation for many y ears. • As proposed, the development is in conformance with the comprehensive plan and Eagle City Code. • The proposed development is being designed to serve the residents within the immediate vicinity. • The applicant has demonstrated they are willing to address the neighbor's concerns. • The applicant has owned the property for quite some time, and it does not appear they will be an absentee landlord. • The request is for a C-1 zoning designation; therefore, the Hoffman correspondence (included as part of the packet) has been addressed. • As referenced in the correspondence received from the Eagle Sewer District, the sewer connection will need to be addressed. COMMISSION DECISION: The Commission voted 4 to 0 (Guerber absent) to recommend approval of RZ-07-19 for a rezone from R- 1 (Residential) to C -1 -DA (Neighborhood Business District with a development agreement lin lieu of a conditional use permit]) for Jerron and Margie Porchia with conditions of development to be placed within a development agreement as provided within their findings of fact and conclusions of law document, dated September 16, 2019. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on October 8, 2019, 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 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 one (1) individual with concerns regarding design, layout, architecture, and the inclusion of the residential use. Page 9 of 13 K:\Planning DeptTagle Applications\RZ&A\2019\RZ-07-19 Porchia ccf.docx D. Oral testimony neither in opposition to nor in favor of the application was presented to the City Council by two (2) individuals who indicated the restaurant should be moved closer to the rim above the canal and move the parking behind the building which would allow a better view of the city. COUNCIL DECISION: The Council voted 4 to 0 to approve RZ-07-19 for a rezone from R-1 (Residential) to C -1 -DA (Neighborhood Business District with a development agreement lin lieu of a conditional use permit]) for Jerron and Margie Porchia with the following Planning and Zoning Commission recommended conditions to be placed within a development agreement: 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.2 Owner shall complete the Design Review process for the site (as required by the Eagle City Code) and shall comply with all conditions required by Eagle as a part of the Design Review prior to issuance of a building permit. 3.3 The Concept Plan (Exhibit C) represents the Owner's 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 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. 3.4 The Commercial area of the Property as depicted on the Concept Plan is to be developed with a combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the C-1 (Neighborhood Business District) zoning designation. 3.5 The three (3) residential townhomes, two (2) single-family dwellings, and four (4) residential condominiums (located within the commercial building) use shall be a permitted use on the property. 3.6 The combination of retail/office space shall not exceed 17,279 -square feet. The restaurant space shall not exceed 11,471 -square feet. 3.7 The residential dwellings shall be constructed utilizing "Italianate" style architecture as shown on Exhibit D. The commercial buildings shall be constructed utilizing "Italianate" style architecture as shown on Exhibit E. The residential dwellings and commercial buildings shall be required to meet the design review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review Board and City Council approvals of the detailed architectural plans for the development are required prior to the issuance of building permits for the residential and commercial buildings. 3.8 The required parking on site shall be in conformance with Eagle City Code Section 8-4-5 and/or Eagle City Code Section 8-4-4-3(A)(6), prior to issuance of a building permit. 3.9 Owner shall construct a 35 -foot wide landscape buffer in accordance with Eagle City Code Section 8-2A-7(J)(4)(a) along North Horseshoe Bend Road between the proposed south entrance and the south property line (as shown on the Concept Plan). The landscape buffer area shall be constructed prior to issuance of building permits for the residential dwellings Page 10 of 13 K:\Planning DeptTagle Applications\RZ&A\2019\RZ-07-19 Porchia ccf.docx 3.10 Owner shall provide plans showing outdoor lighting details for review and approval by the Design Review Board and City Council prior to issuance of a zoning certificate. The plans shall show how the lights will facilitate the "Dark Sky" concept of lighting. 3.11 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential and commercial uses. 3.12 Owner shall place a 4'x8' sign(s) mounted on two 4 x 4 inch posts mounted in such a manner this is legible from the roadway containing information regarding the proposed development. The sign(s) shall be located along each roadway that is adjacent to the Property. The sign(s) shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-07-19) 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 ofC-1-DA (Neighborhood Business District with a development agreement lin lieu of a conditional use permit]) is consistent with the Commercial designation as 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 adequate public facilities exist, or will be provided as conditioned within the development agreement, 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 in lieu of a conditional use permit_) zone 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 lin lieu of a conditional use permit]) zone is compatible with the BP (Business Park) zone and land uses to the south and west since those areas are vacant and may be developed with a business park use; e. The proposed C -1 -DA (Neighborhood Business District with a development agreement -in lieu of a conditional use permit) zone 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 land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and The proposed use, as conditioned within the development agreement, will not create a non- conforming use within the C -1 -DA (Neighborhood Business District with a development agreement lin lieu of a conditional use permit]) zone since the development agreement is being utilized in lieu of a conditional use permit to allow for the residential use within the requested zone. 2. The Council reviewed the particular facts and circumstances of this proposed development agreement in lieu of a conditional use permit, and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: g. Page 1 1 of 13 K:\Planning DeptTagle Applications\RZ&A\2019\RZ-07-19 Porchia ccf.docx A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8) since multi -family and single-family residential dwellings may be permitted in the C-1 (Neighborhood Business District) zoning district if a conditional use permit is approved by the City Council; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8), since there are no inconsistencies with the Comprehensive Plan and Eagle City Code; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area since the building will be designed to meet the City's design review requirements and design requirements of the Eagle Architecture and Site Design Book; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the proposed uses will not cause any noise, smoke, fumes, glare or odors since the proposed commercial uses will be retail, office, and restaurant and the site will also contain residential uses; E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. All central services are either available to the site or will be conditioned herein, as noted within the letters provided by the agencies having jurisdiction over the site; F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community since the site will be served with central sewer from the Eagle Sewer District and will use public water to be served from the Eagle Water Company. Fire protection will be provided by the Eagle Fire Department and fire hydrants will be provided where required; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors since site will consist of two (2) commercial buildings and residential uses similar to others located in proximity to the site. H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares since the proposed uses and access points have been reviewed and approved by the Ada County Highway District; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The property is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan. 3. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit (development agreement in lieu of a conditional use permit) shall not be considered as establishing a binding precedent to grant other conditional use permits. Page 12 of 13 K:\Planning DeptTagle Applications\RZ&A\2019\RZ-07-19 Porchia ccf.docx DATED this 22nd day of October, 2019. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: rgmann, Eagle City Cl k '•• 0%.0...".... \40474%... 09 A 7. it. ca.)... i 4„ • o ••i N • � •O • ,: IS, •••1.14.`;"••• )...' ..TA'I'L °:00%* Page 13 of 13 K.\Planning Dept\Eagle Applications\RZ&A\2019\RZ-07-19 Porchia ccfdocx