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,
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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)
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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:
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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
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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.
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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
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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;
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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.
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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.
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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
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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.
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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.
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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
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