Findings - PZ - 1995 - Rezone from R5 to C2 - Change Zone To Build Albertson's
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CITY OF EAGLE
IN THE MAlTER OF
ALBERTSON'S. INC.
APPLICATION FOR REZONE
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)
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FINDINGS OF FACT AND
CONCLUSIONS OF LAW
This matter CAME before the Eagle Planning and Zoning Commission on September 11.
October 2, and October 16, 1995. pursuant to public notice and hearing procedures set forth in
Section 67-6509. Idaho Code. Donald Knickrehm. was present representing Albertson' s at the
September 11 and October 2 meetings. and Phillip M- Barber was present tepresentmg
Albertson's at the October 16 meeting; Kevin Mortensen was present at all three meetings
representing the Applicant, Albertson' s. Inc., requesting an approval of an application for a
rezone ftom R5 to C2 district cJassification-
FINDINGS OF FAcr
Having given due consideration to the application and evidence presented. the Eagle Pbmn;f\g and
Zoning Commission hereby makes the following fmdings of fact:
1. That on September II, 1995. a public meeting was conducted by the Eagle Planning
and Zoning Commission- Because there was a failure to post the property as required by law,
the hearing was continued until October 2. 1995, when another public meeting was held before
the Eagle PJanning and Zoning Commission. The records in this matter indicate all notices and
publications occurred as required by law for the October 2, 1995 hearing. After closing the
public portion of the hearing on October 2, 1995. the Planning and Zoning Commission continued
the hearing to October 16. 1995. when the hearing was reconvened and concluded.
2. That the Applicant proposes to build an Albertson's supermarket near the northeast
comer of Eagle Road and the future Eagle Alternate Route (bypass). The existing zoning of the
subject property is R5. The rezone to C2 would change the district classification.
3. That the existing land use in the area is presently residential aDd agricu1ture- The
property, requested to be zoned C2. is bounded by Eagle Road on the West (with agricultural and
residential properties across Eagle Road). residential property to the North. 2nd street and
residential/agricultural property to the East and agricultural land owned by the State of Idaho to
the South.
4. That the records reflect that in response to the notice of the public hearing sent to
relevant public entities, including Ada County Highway District, Idaho State Transportation
Department and others, the City was advised by said entities that subject to certain conditions
there was no objection to the zone change. The following comments were received:
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Ea2le Sewer Dist¡j,g: 8/31/95. The property is within Eagle Sewer District's Planning Area and
is annexed into the District's Planning Area. Eagle Sewer District has no opposition to the
rezone request..
ACHD: 10/2/95. After initially requesting deferral of the requested rezone, ACHD has indicated
withdrawal of its deferral request so long as rezone approval is conditioned on Applicant's
agreement to comply with ACHD requirements.
Ea2le Fire District: No objection.
Idaho Transoortation ~mt. 8128/95. "... We have no objection to this rezone- Eagle
Road south of State Street is designated State Highway 55. As such, lID has access control over
this roadway. We will need to work closely with the developer to ensure that access for this new
store does not interfere with our constIuctÏon plans for Eagle Road and the Eagle Alternate Route.
As design work progre~ the developer will need to supply lID with a copy of the Traffic
Impact Study covering this development for Our review. The study should be conducted
according to the guidelines of ACHD and the Institute of Transportation Engineers. After our
review, we will generate specific requirements for access points. In addiûon, the developer will
need to file an application with us for access to the highway."
Central District Health. 8/24/95. After written approval from appropriate entities are submitted,
we can apptove this proposal for central sewer and central water. Street runoff is not to create
a mosquito breeding problem. We will require plans be submitted for a plan review for any food
establishment (groœry store). Stormwater management recommendations (attached to
transmittal). A best management practice for a high ground water site is to be used."
Division of Environmental Oualitv: 8124/95. "... We have the following comments on the
proposed project:
1. Air Quality. We do not anticipate that the project will violate air quality regulations,
except possibly during construction activities. The effects would likely be of short duration and
can be winimi7',ed by appropriate dust control practices.
2. Noise. We expect that noise will be limited to construction periods, and that operations
will be governed by local ordinances.
3. Water Supply. If Eagle Water Company water mains are to be extended~ plans and
specifications must be submitted to this office for review and approval prior to construction. We
do not review plans for services to a single buildin& but plans must be submitted to the
Department of Labor and Industrial Services, Plumbing Division (State Plumbing Division).
4. Wastewater Collection and Treatment If the Eagle Sewer District collection system is to
be extended, plans and specifications must be submitted to this office for review and approval
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prior to construction. We do not review plans for services to a single building, but plans must
be submitted to the State Plumbing Division.
5. Surface Wares: Quality. If the area to be disturbed exceed five aQ'es and, during
constIUctioD, storm water trom the project area oould reach waters of the United States,
contractors must obtain an NPDES General Pennit from the U-S. Environmental Protection
Agency (EP A). "
Ballentyne Ditch Q1: 9/5/95. "In regards to your notice of 8/16/95 regarding the Albertson
rezone; the Board of Ballentyne Ditch Co. have been contacted by Albertson' $. They have not
yet submitted a formal proposal regarding our ditch right-of-way. Certain conditions must be met
prior to receiving our Board's approval.
Drainae:e District #2: 9/12/95. 'The Board of Commissioners of Drainage District No.2
reviewed the Albertson's Store Rezone Application for comment at its general board meeting held
September 5, 1995, determined the same to have nO impact upon the District's drainage system
and therefor th~ District has no objection thereto."
5. That the appücant presented testimony and drawings depicting an Albertson's
supennarket, related parlcíng and landscaping. The drawings and exhibits presented by applicant
are hereby incorporated by reference into these factual findings.
6. That testimony was presented by several individual cifu:ens, both in support and in
opposition to the requested rezone. Reasons for opposition included concerns regarding increased
traffic and concerns regarding impact upon existing neighboring homes by noise, lights and
traffic. Reasons for support included a convenient facility that serves the general public,
economic benefit to the City, employment opportunities, and the project is consistent with and
further's Eagle's comprehensive plan..
7. That the standards used in evaluating the application are in the following sections of
the Eagle City Code and Comprehensive PJan.
ZONING D ISTRI crs
8-2-1: DistriCtS established
C2 GENERAL BUSINESS DISTRICT: To permit the establishment of areas for
commercial uses allowed in other commercial zones and commercial uses which are
more intensive that those permitted in other commercial ZOIlC$, such as large
equipment sales, as well as light manufacturing in conjunction with retail salcs.
Section 8-10~I-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
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specific use to be developed on property in an area that is not appropriate for all uses allowed
or conditional in the requested zone.
EAGLE COMPREHENSIVE PLAN
LAND USE: The current Comprehensive Plan designation for the land in this proposal is
commercial: "Suitable primarily for the development of a wide range of commercial activities
including office. retail and service establishments. .
The Comprehensive Plan designates this property as a "Special Area or Site." "Special areas or
Sites" are defined as areas, sites or structures of historical. archeological, architectural, ecological,
or scenic significance- Special areas Or sites within the Impact Area should be analyzed
according to their defined function. Whenever possible, these sites should be preserved and
conserved as open spaces or for educational and cultural centers. Development of Special Areas
or Sites should take place in a manner that reflect harmony with their natural environment and
recognized qualities which render them distinctly unique.
CONCLUSIONS OF LAW
Based upon the foregoing findings, the Planning and Zoning Commission concludes as
follows:
I. That the proposed use of the property and the proposed rezone are consistent and
compatible with the Comprehensive Plan of the City of Eagle.
2. That certain restrictions On design. development and use of the property are, however,
appropriate in the cireumstan~ and particularly in light of the designation of this property as
a "Special AIea" by the Comprehensive Plan. That the restrictions can be placed upon
development of the subject property through a Development Agreement. The Development
Agreement must provide limitations on allowed uses. Required landscaping, and berms and
fences will help protect neighboring properties. A draft of an acceptable Development Agreement
is attached hereto.
3. That the use limitations and other restrictions in the Development Agreement will
adequately protect the use and enjoyment of nearby property owners. With such limitations and
restrictio~ the development described as part of the rezone application will be an asset as it vvill
provide shopping in an aesthetically pleasing project.
4. That the proposed zone change with the Development Agreement is in harmony with
the general pUIpOse of the City's Comprehensive Plan and ordinances and will not be otherwise
de1rim.entaI to the public health, safety and welfare. That the rezone is in accordance with the
Comprehensive Pian for the foregoing reasons. At the termination of the Development
Agreement, the property will revert to an R5 rezoning designation.
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RECOMMENDATION
Based upon the foregoing findings of fact and conclusions of law, the Eagle Plann1"B and
Zoning Commission recommends that the Rezone Application be approved, with the following
conditions and subject to execution of a Development Agreement as described herein. If limited
by such a Development Agreement, the rezone proposed jn the Application is compatible with
surrounding properties' zones and land uses, and is in accordance with the Eagle Comprehensive
Plan.
1. Masonry fence along Second Street.
2. Wood fence along north side of property.
3. Meet ACHD and lID requirements-
4. Corrections as designated in the Development Agreem~ Section 3.2.5(b) 1. The
bnilding shall "not, with a mC77Mline permitted"
ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho-
This 16th day of October, 1995.
APPROVED;
ATTEST:
Bert Bradley, Chainnan
Eagle Planning and Zoning Commission
Barbara Montgomery, City Clerk
City of Eagle
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW and recommendation of the
Eagle Planning and Zoning Commission regarding the application of Albertson's, Inc. for a
rezone from R5 to C2, as such application was heard by the Eagle City Council on November 14,
1995, are hereby adopted by the Eagle City Council, and the rezone requested is hereby granted
subject to execution and recording of the Development Agreement attached hereto.
DATED this - day of November, 1995.
APPROVED:
g~L Q~
Steve Guerber, Mayor
City of Eagle
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RecordiDg Requested By and
When Recorded R.etum to:
Barbara Montgomery
City Clerk
City of Eagle
P.O. Box 477
Eagle. Idaho 83616
Yo.- ----. I\I<paeca DID
Not Wrioo ","",811ois Li8c
#OIXO~ NEe Eagle & Hwy 44/55 Bypass
Eagle, ID
DEVELOPMENT AGREEMENT
!his Development Agreement, made and entered into this - day of November, 1995,
by and between the CITY OF EAGLEt a municipal corporation in the State of Idaho (nEagle"),
by and through its Mayor, and ALBERTSON'S, INC., a Delaware corporation (the "Applicant").
WHEREAS, the Applicant has executed options to acquire and will acquire fee title to
certain real estate (the "Property") on Eagle Road which is the subject of an application for
rezone in Eagle, identified as Rezone Application No. ERZ-3-95. and
WHEREAS the Applicant desires to develop a commercial retail project (and in particular,
a full service grocery store/supermarket) on the Property, more particularly described in
Exhibit "A" attached hereto and made a part hereof; and
WHEREAS, the intent of this Development Agreement is to protect the rights of
Applicant's use and enjoyment of the Property for the purpose of developing it into a commercial
retail development while at the same time limiting potential adverse impacts of the coDmlercial
development upon residential property owners near the Property and ensuring the Property is
developed in a manner consistent with Eagle's plan for locating commercial development and
recognition of the Property as abutting a significant approach to Eagl~ all as reflected in Eagle's
Comprehensive Plan; and
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WHEREAS7 the Applicant has agreed to the use restrictions and other limitations set forth
herein upon the use and development of the Property and has consented to a C-2 wnìng
designation for the Property;
THEREFORE7 for and in consideration of the mutual covenants contained h~ it is
agreed as follows:
ARTICLE 1
LEGAL AUTHORITY
1~1 This Development Agreement is made pursuant to and in accordance with the
provjsions of Idaho Code Section 67-6511A and Eagle City Code, Title 8, Chapter 10.
ARTICLE 2
ZONING ORDINANCE AMENDMENT
2.1 Eagle will adopt an ordinance amending the Eagle Zoning Ontinance to rezone the
Property to a C-2 District, subject to the provisions of this Development Agreement The
ordinance will become effective after its passage, approval and publication and the execution and
reoo~tion of this Development Agreement. This Development Agreement shall automatically
terminate and be of no further force and effect if the Property has not been rezoned C-2 within
one hundred eighty (180) days of the date hereof, or in the event the Applicant does not acquire
fee title to the Property wíthin one hundred eighty (180) days.
ARTICLE 3
CONDmONS ON DEVELOPMENT
3.1 Applicant will develop the Property as represented in the rezone application,
including the Preliminary Development Plan submitted with the rezone application (a copy of
which is attached hereto as Exhibit "B"), subject to the conditions set forth in this Development
Agreement. Further, Applicant will submit such applications regarding design review as are
required by the Eagle City Code.
3.2 The commercial development shall comply with the proposed Design Review
Ordinance, as it exists at the time an improvement is made. Unless greater requirements are
established by said ordinance, the following conditions shall be satisfied:
3.2.1 LandscaninSl. The Property shall have no less than twelve percent (12%)
of its area in landscaping. The landscaping shall be a mixture of deciduous shade trees,
flowering trees, conifer trees, planter beds and lawn areas. There shall be no Jess than
one (1) two (2) inch (or larger) caliper tree located every forty (40) feet along the
perimeter excluding entryways of the Property. Within the parking area a landscaped
planter shall be provided with a minimum of two (2) two (2) inch (or larger) caliper trees
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for every twenty (20) parking stal1S. Landscaping will include grass-covered berms
between two and one-half (2~) feet and three (3) feet in height along Eagle Road and 2nd
Street frontages. A masonry feIlcc shall be constructed on the bean. behind the
Albertson's store, and a wood fence shall be constructed along the North boundary line
to provide visual screening fOT the adjacent property. An undergrmmd inigation system
shall be installed in the landscape areas. Landscaping sba1I be installed before any
building receives an occupancy permit. Perimeter yards, berms> buffers, landscaping and
screening shall be constructed in accOrdance with the Landscape Plan (attached hereto as
Exhibit "Co, and made a part hereof by this reference) submitted to and approved by
Eagle.
3.2.2 Li2btinr. All parking lot and area lighting for this Property will be Metal
Halide Lighting of no more than 1 >000 watts contained in a shoebox fixture (or similar
cut-off fixture) installed on poles no higher than thirty (30) feet on the perimeter of the
Property and no higher than forty (40) feet on the interior of the Property. No "cobra"
type light fixtmes shall be allowed. No Cor-ten light poles shall be allowed. The lighting
shall provide minimum one (I) foot candle maintained at grade level, and minimum two
(2) foot candles maintained illnmifUttion on all vehicle and pedestrian entrances to the si~
at on-site vehicle intersections and at building en1rances-
3..2.3 Siønaae. Business identification and building signs shall be allowed which
confonn to the approved plans for the Property. Applicant shall be allowed one (1) fÌ'ee-
standing sign, not more than twenty (20) feet in height with no more than fifty (50)
square feet of signage space on each face. Such sign may be intemally (indirectly)
luminated. No sign shall be higher than the roof line of any building, nor shall any sign
be animated or audible.
3.2.4 Noise Restrictions. Applicant shall comply with the applicable local noise
ordinance. All public announcements. paging systems and music systems that can be
heard outside the commercial building shall not exceed 67 dBA from any location more
than fifty (50) feet outside of the PropeIty-
3.2.5 Desim. Hei2ht. and Location of Building. The design of the building shall
be in context with the "turn of the century" architecture. The building shall be
constructed of concrete masonx)' and brick masonry with corbeling at the building corners
and parapets. Arched masomy openings would be provided for both a covered colonnade>
as well as g1ued openings.
(a) The building on the Property shall be of first quality Construction
and architecturally designed SO that its exterior will be architecturally and
aesthetically compatible and hatmonìous with the Design Review Guidelines of the
City of Eagle.
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(b) The building shall not have more than one story (with a mez7mline
pemriUed), and shall not exceed forty (40) feet in height, including rooftop
mechanical fixtures and equipment and screening for the same, if any-
(c) The building shall be of the size and location as generally depicted
on the Exhibit "B" attached hereto. unless otherwise approved by the Design
Review Committee or the Eagle City Council.
(d) All of the foregoing shaD be constructed and maintained in
accordance with all local. state and federal laws, mles and regulations applicable
thereto.
3.2.6 Service Facilities. All service facilities shall be attractively screened from
second street with a three (3) foot high landscaped berm and a six (6) foot high masonry
fence. Applicant shall use a fully self-contained trash compactor for all trash and refuse.
There shall be no outside or open dumpster. Fire hydrants, transformers, light poles. or
other vertical obstructions shall not be located in or near turning radius of service
vehicles- Required ramps to rear entrances not to exceed 1: 12 (8%). Applicant shall
provide a naturaI dock (no tmck well) for delivery vehicle use. All of the foregoing shall
be located as generally shown on Exhibit "B" attached hereto.
3.2.7 Site Plan and Parking- The development on the Property shall pro\'ide for
two-way drive aisles with 60 degree angle parking and ten (l 0) foot wide parking stalls.
There sbaII be no less than 4.5 parking stalls per 1,000 square feet of building area.. The
main drive aisle width shall be no less than thirty (30) feet in width. The curb cut width
at each entrance shall be no less than thirty-six (36) feet in width. The Site Plan shall
conform to all ADA standards. There sball be no wheel stops. All service and main
customer traffic aisles to be heavy duty paving. Manhole cov~ catch basin, and clean-
out boxes sball not be located in traffic aisles or entry ramp areas. All of the foregoing
shall be located as generally shown on Exhibit "B" attached hereto.
3.2.8 Maintenance. The Applicant sbaII maintain or cause to be maintained the
Property in good and clean condition and repair, said maintenance to include the
following: maintaining the exterior of any building located on the Property; maintaining,
repairing and resurfacing when necessary all paved surfaces. removing all snow, papers.
debris, filth and refuse to the extent reasonably necessary to keep the Property in a clean
and orderly condition; and maintain all landscaped ~ including repairing and
replacing, when necessary, sprinkler systems and water lines and replacing sluubs and
other landscaping as is reasonably necessary-
3.2.9 Use Limìtations. The following land uses shall be prohibited upon the
Property: bar, tavern. billiard or pool baIl, massage parlor~ cocktail lounge (except if
incidental to a restaurant use). adult book or adult video store or other adult sex shop~
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automotive main1enance or repair facility. car wash. machine shop~ mini storage,
warehouse or industrial uses, or facility for the renting~ leasing. selling, or displaying of
any motor vehicle, boat, recreational vehicle, trailer, camper, mobile home or industrial
or farm equipment.
3.2.10 Adjacent Prooertv Development. To the extent such requirements may be
imposed by Eagle within its legal authority and discretion, the real property lying adjacent
to the Property on the North and South sQaIl be subject to the sawe landscaping and
design requirementß, the use liInjtations, and the other requirements and limitations made
applicable by this Development Agreement to the Property.
3.2.11 Truck Traffic Restriction. Applicant shall require all Albertson's delivery
trucks delivering goods to the store to enter and exit the store property from Eagle Road,
and sbaIl prohibit such trucks from using Second Street (except directly behind
Albertson's development) for ingress or egress \mill such time as Second Street is
improved as a collector street and the removal or elimination of this restriction is
approved by Eagle.
3.2.12Future Road Ri~t-of-Way. Albertson's shall reserve a future road
right-of-way sixty (60) feet in width over and across a portion of the "Canal Spillway
Parcel" (shown as "Future Road Right-.of- Way" on Exhibit "B" attached hereto). and sball
dedicate for free that right-of-way at such time as the Ada County Highway District
determines to construct a new roadway utilizing the described Future Road RigId-of- Way.
3.2.13 ACHD Requirements. Albertson' s shall comply with Ada County Highway
District ("ACHD") requirements as set forth in the ACHD Development Services Division
Development Application Report, approved by the ACHD Commission November 8.
1995.
ARTICLE 4
AFFIDAVIT OF PROPERTY OWNERS
4.1 An affidavit of all owners of the Property agreeing to submit the Property to this
Development Agreement and to the provisions set forth in Idaho Code Section 67-6511A and
Eagle City Code Section 8-1 0-1 sball be provided and is incorporated herein by reference.
ARTICLE S
DEFAULT
5.1 In the event Applicant fails to comply with the commitments set forth herein,
within thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right,
without prejudice to any other rights or remedies, to cure such default or enjoin such violation
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and otherwise enforœ the requirements contained in this Development Agreement or to terminate
the Development Agreement following the process established in Eagle City Code Section 8-1 0-1-
5.2 If required to proceed in a court of law or equity to enforce any provision of this
Development Agreement:, Eagle shall be entitled to recover all direct out-of-pocket costs so
incurred to cure or enjoin such default and to enforce the commitments contained in this
Development Agreement (providing Eagle prevails in such action), including attorneys' fees and
court costs.
ARTICLE 6
UNENFORCEABLE PROVISIONS
6.1 If any term, provision, commitment, or restriction of this Development Agreement
or the application thereof to any party or circumstances shall. to any exten~ be held invalid or
unenforceabl~ the remainder of this instrument shall remain applicable, binding, and in full force
and effect-
ARTICLE 7
ASSIGNMENT AND TRANSFER
7.1 After its execution, the Development Agreement shall be recorded in the office of
the County Recorder at the expense of the Applicant. Each commitment and restriction on the
development shall be a burden on the Property. shall be appurtenant to and for the benefit of the
Property. adjacent property, and other residential property near the Property and shall run with
the land. This Development Agreement shall be binding on the Applicant and owners, and their
respective heirs, administrators, executors, agents, legal representative~ successo~ and assigns;
provided, however, that if all or any portion of the commercial development is sold, the sclJers
shall thereupon be released and discharged from any and all obligations in connection with the
Property sold arising under this Agreement. The new owner of the Property or any portion
thereof(including, without limitation, any owner who acquires its interest by foreclosure, trustee's
sale or otherwise) shall be liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof
ARTICLE 8
SUBSEQUENT ALTERATIONS
8.1 Nothing in this Development Agreement shall be deemed to bar or prohibit
remodeling of portions of the building to be constructed or other improvements on the Property,
or reconfiguration or alterations to the parking areas, drive aisI~ landscaping or other
improvements of the Property after the initial construction and landscaping as contemplated by
the Application and supporting documentation is completed and an Occupancy Penn it is issued
to the Applicant, provided that any such alterations are in compliance with all then applicable
Zoning Ordinances and the then applicable Design Review Ordinance of Eagle.
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ARTICLE 9
GENERAL MA TIERS
9.1 Amendments. Any alteration or change to this Development Agreement shall be
made only after complying with the notice and hearing provisions of Idaho Code Section
67-6509~ as required by Eagle City Code Section 8-10-1.
9.2 Para2r3ph Headings. This Development Agreement shall be construed according
to its fair meaning and as if prepared by both patties hereto. Titles and captions are for
convenience only and shaIl not constitute a portion of this Development Agreement. As used in
this Development Agreement, mascu)in~ feminine or neuter gender and the singular or plural
number shall each be deemed to include the others wherever and whenever the context so
indicates.
93 Choice of Law. This Development Agreement sœII be construed in accordance
with the laws of the State of Idaho in effect at the time of the ~ecution of this Development
Agreement. Any action brought in connection with this Development Agreement sball be brought
in a court of competent jurisdiction located in Ada County ~ Idaho-
9.4 Notices. Any notice which a party may desire to give to another party must be
in writing and may be given by personal delivery, by mailing the same by registered or certified
mail, return receipt request~ postage prepaid, or by Federal Express or other reputable overnight
delivery service~ to the party to whom the notice is directed at the address of such party set forth
below.
Eagle:
Clerk of the City of Eagle
P. O. Box 477
Eagle~ Idaho 83616
Attention: Barbara Montgomery
Applicant:
Albertson's, Inc.
250 Parkcenter Blvd-
P.O. Box 20
Boise, Idaho 83726
Attention: Legal Department
or such other address and to such other peISOns as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by personal delivery ~ forty-eight (48) hours after
deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24)
hours after timely deposit with a reputable overnight delivery service.
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9.5 Effective Date. This DeveloplI1ent Agreement shall be effective after delivery to
each of the parties hereto of a fully executed original of this Development Agreement.
IN WITNESS WHEREOF 7 the parties have execUted this Development Agreement.
DATED this - day of November, 1995.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the
State of Idaho
By:
Steve Guerber. Mayor
AlTEST:
City Clerk
[8 E A L]
DATED this - day of
. 1995.
ALBERTSON'S, INC., a Delaware corporation
By:
William H. Arnold, Vice President
Real Estate Law
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STATE OF IDAHO
)
) 88.
)
County of Ada
On this - day of , 1995, before ale, , a
Notary Public in and for said State, personally appeared William H. Arnold, known to me to be
Vice President, Real Estate Law of Albertson's, Inc., the corporation that executed the within
instrument or the person who executed the instrument on behalf of said corporation, and
acknowledged to me that such corporation executed the same.
WI1NESS MY HAND and official seal hereto affixed the day, month and year in this
certificate first above written.
Notary Public for the State of Idaho
Residing at
My Comml~on Expires
STATE OF IDAHO
)
) ss.
)
County of Ada
On this - day of , . 1995, before m~
a Notary Public in and for said State, personally appeared . known
or identified to me to be the of CI1Y OF EAGLE. the municipal corporation that
executed the within instrument or the person who executed the instrument on behalf of said
municipal corporation. and acknowledged to me that such municipal corporation executed the
same.
IN WIlNESS WHEREOF, I have hereuntO set my hand and affixed my official seal the
day and year in this certificate first above written-
Notary Public for the State of Idaho
Residing at
My Commission Expires
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"EXHIBIT A"
August 11, 1995
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A pared orland locared in the SW 1/4 ofrhe SW 1/4 ofSecrion 9, Townsbip 4 North,
Rmge I &st of the &ise Meri~ being more particularly described as follows:
C 0 M:PO SITE LE GAL D EScRrPTI ON
ALE ERTs ON SEAGLE., IDAHO PARCEL
Co mm. en cing at the So athwest corner 0 f said S eçri ÔÍl 9; thence So uth 8 9 0 52'48 4 East
65. 00 feet a1 ong the: So lith line of S3id &cti 0 11 9 to the IRUB PO!NT OF BEGINNING
bcing on !be Eastofyrigln: of way line of Stale Bîghw¡¡y 55 (Eagle Road) as d esaibcd by
Wan:amy D~ to the STATE OF IDAHO, IDAHO TRANSPORTATION'
DEIJ'ARTMENT r=rded October II, 1994 as ID=nnent No, 94090844, Ad¡ Coomy
Deed Rttords; then"" Norm 02.39'47" West 355,&& feet along said Easterly rigbI of way
line to a. pomr on the soUth line of that tract of land descnòed by Wan-amy Deed to
M::Ïchacl A Wortman r~rded November 21, 1980 as I.nstrumc:nt No. 8055241, Ada
Coumy Deed Records; th enœ tracing saÌ d S oath fine South 8 9 0 5 2 '48" E4st 5 70. 49 feet
to the Sourl1east comer ofs;rld WOrtman tr4ct; thence North 01001"31" East 347.18 feet
along the Westerly line oftf1at tIact ofland described by Wammy Deed to Fred Venable
reco rd ed Dec.e:r:nber 15, 1972 as Instrum eat No. 8 29 823. Ada. Co unt:y: Deed Recoïds to
th e œn:œr Iin e 0 f a. drain ditch; then œ Sooth 8 6 0 43 '5 4" East 87. 60 feet along said ditch
œnter lin e t 0 theW e.sterly right 0 f 'W4.y Iin e 0 f SecondS tr eet as oj escribed b y Wamnty
Deed to ADA COUNTYBIGHW AYDIS1:RICT recorded Ja.rroary 30, 1981 as:
Instrument No. 8104341, Ada County Deed Reo:>rds; thence South 01 001'54 W~ ,
707.86 feet along said Westerly right of way line to a. point on the SoUth line of said:
Section 9; thence North 89°52'48" West 635.00 feet: along the SOUth line of said Seaion
9 to the po int 0 f b egÌnning.
S4id parcel of Land CDntaining 5.98 acres more or less.
The b<i5is of bearing of chis description is per Project No. F-3271(033) a. highway SUP.'ey
now 00 file in the office of the IDAHO TRANSPORTATIONDEPARTIvfENT and ail
other information is iTom record data..
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Exhibit liB"
CITY OF EAGLE
P.O. BOX 477
EAGLE, IDAHO
(208)939-6813
REZONE APPLICATION
FILE #
FEE $ 535.54
EXISTING ZONE
R-5
REQUESTED ZONE C-2
AP PL I CANT: Albertson's, Inc., a Delaware Corp.
Owner--- Purchaser XX- Lessee---
PHONE (208) 385-6643
REPRESENTATIVE! AGENT: CSHQA Architects/Planners
PHONE (208) 343-4635
REPRESENTATIVE'S! AGENT'S ADDRESS: 200 N. 6th, Boise, ID 83702
LOCATION OF PROPERTY:
Near the Northeast corner of Eagle Road and the future
Eaqle Alternate Route (hyp;:¡!';!';). rpfpr rn ;:¡rr;:¡....¡'øn ";""injry P1çp and àQriiil photo.
SIZE OF PROPERTY:
5.79 acres (composite)
/
HOW IS PROPERTY NOW USED? Residential, single-family
HOW ARE THE ADJOINING PROPERTIES USED?
North Residential*
South Agricultural*
East Residential*
West Residential*
*Refer to narrative description
ARE THERE ANY EXISTING LAND USES IN THE ~ENERAL AREA SIMILAR TO THE
PROPOSED USE? Yes WHAT ARE THEY AND WHERE ARE THEY
LOCATED?Commercial land use occurs within the downtown core of the city of F;:¡gle and
along State St. The proposed pro;ect lies approx. 650 ft South of the downtown core. Refer
to the attached narrative.
ON WHAT STREET( S) DOES THE PROPERTY HAVE FRONTAGE? Eaqle Road, approx.
350 ft., and 2nd Street, approx. 350 ft.
., .
WHAT IS INTENDED LAND USE: A NARRATIVE DESCRIBING THE LANDUS:Éti:;i.:\..~.:';yt:,j;~(
PLANS FOR SEWER ( WATER ( ROADS { FIRE ( ETC. IS REQUIRED. . '::";,\;;:,)"':"('S'V}~~~~:~~:V:~¡'¥~~.
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.A
R E Z 0 N E
PAGE 2
A P P L I CAT ION
WHAT IS THE AVAILABILITY OF PUBLIC FACILITIES
ALLOWABLE USES?
SEWER Available from Eaqle Road and 2nd street
WATER Available from 2nd street
FIRE Constructed on-site
STREETS Eaqle Road and 2nd Street
TO SUPPORT THE
ADDITIONAL REQUIREMENTS:
1. 15 COPIES OF VICINITY MAPS (8 1/2" X 11") SHOWING THE LOCATION
OF THE PROPERTY, INCLUDING PROPERTY LINES AND STREETS. (AVAILABLE
FROM THE APA, MAPPING DIVISION.) PLEASE INDICATE THE LOCATION OF
YOUR PROPERTY.
2. A COMPOSITE LEGAL DESCRIPTION OF THE PROPERTY. ALL LEGAL
DESCRIPTIONS MUST BE CERTIFIED BY A PROFESSIONAL ENGINEER OR LAND
SURVEYOR REGISTERED BY THE STATE OF IDAHO.
3.
PROOF OF OWNERSHIP OF LAND
/
4.
PHOTOS OF EXISTING SITE CONDITIONS (IF AVAILABLE)
5. A LIST OF ALL PROPERTY OWNERS AND ADDRESSES WITHIN A 300'
RADIUS OF THE PARCEL(S). (INFORMATION AVAILABLE FROM THE COUNTY
ASSESSOR) .
6.
6 COPIES OF APPLICATION
ANY REVISIONS TO THIS APPLICATION REQUEST MUST BE RECEIVED 14 DAYS
PRIOR TO THE HEARING DATE, APPLICATION WILL BE DEFERRED TO THE
NEXT MEETING.
." ",
NOTE APPLICATION WILL BE REVIE\~ED IN ORDER TO DETERMINE COMPLIANCE
WITH APPLICATION REQUIREMENTS. A HEARING DATE WILL BE SCHEDULED
ONLY AFTER AN APPLICATION HAS BEEN ACCEPTED BY THE ZONING
ADMINISTRATOR.
R E Z 0 N E
PAGE 3
A P L I CAT ION
THE CITY CLERK, AT THE TIME OF THE FILING OF THE APPLICATION, SHALL
COLLECT THE FEES FOR LAND USE PLANNING ACTIONS REQUESTED. ANY COST
INCURRED BY THE CITY IN OBTAINING A REVIEW OF THE APPLICATION, BY
ARCHITECTS, ENGINEERS OR OTHER PROFESSIONALS NECESSARY TO ENABLE
THE CITY TO APPROVE OR DISAPPROVE THE APPLICATION IS THE
RESPONSIBILITY OF THE APPLICANT.
UPON ACCEPTANCE OF THE APPLICATION DEVELOPER SHALL POST THE
PROPERTY DESCRIBED IN THE APPLICATION NO LATER THAN ONE WEEK PRIOR
TO THE PLANNING AND ZONING MEETING AND AGAIN ONE WEEK PRIOR TO THE
CITY COUNCIL MEETING. THE POSTING SHALL BE OF HARD SURFACE
BACKGROUND, AT LEAST 2 FT x 18 INCHES IN SIZE, A PAINTED OR OTHER
PERMANENT METHOD OF LETTERING, AT LEAST 1" x 1/4". THE POSTING
SHALL BE PLACED ON THE PROPERTY IN A STABLE MANNER WITH STAKES AT
LEAST 2 "x 2 ", AND INFORM THE PUBLIC THE NAME OF THE DEVELOPMENT,
THE DATE, PLACE, TIME AND NATURE OF THE PUBLIC HEARING. SIGNS
SHALL BE POSTED ADJACENT TO ALL ROADWAYS THE DEVELOPMENT IMPACTS
AND SHALL BE REMOVED AFTER THE PUBLIC HEARING.
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OF APPLICANT/REPRESENTATIVE
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Exhibit "B"
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