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Findings - PZ - 1995 - Rezone - Rezone From R5 To C2 OCT-12-95 18,48 FROM,HTEH 10:2083446818 PAGE 2/6 CITY OF EAGLE IN TIlE MA ITER OF ALBERTSON'S, INC. APPLICATION FOR REZONE ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter CAME before the Eagle Planning and Zoning Commission on September I I, 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 representing 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 from R5 to C2 district classification. FINDINGS OF FACT Having given due consideration to the application and evidence presented, the Eagle Planning and Zoning Commission hereby makes the following fmdings of fact: 1. That on September I 1, 1995, a public meeting was conducted by the Eagle Plamúng 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 Planning and Zoning Commission. The records in this matter ihdicate 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 supennarket near the northeast corner 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 and agriculture. 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 SUlte of Idßho 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 OCT-12-95 16,46 FROM,HTEH ID,20834116818 PAGE 3/6 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: Eagle Sewer District: 8/31/95. The property is witlún 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 defmal 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. Eagle Fire District: No objection. Idaho Transportation Department. 8/28/95. It... We have no objection to this rezone. Eagle Road south of State Street is designated State Highway 55. As such, ITD 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 construction plans for Eagle Road and the Eagle Alternate Route. As design work progresses, 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 addition, the developer will need to file an application with us for access to the highway. It Central District Health. 8/24/95. After written approval from appropriate entities are submitted, we can approve 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 (grocery store). Stonnwater management recommendations (a,ttached to transmittal). A best management practice for a high ground water site is to be used. 't Division of Environmental Oualijy: 8/24/95. n.. - 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 minimized 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 building, but plans must be submitted to the Department of Labor and Industrial Services, Plumbing Division (StAte Plumbing Division). - 2 - ," / I' /5 16,47 FOOM,HTEH i 1O,2083446818 PAGE 4/8 I ! 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 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 Water Quality. If the area to be disturbed exceed five acres and, during construction, stonn water from the project area could reach waters of the UIÙted States, contractors must obtain an NPDES General Permit from the U.S. Environmental Protection Agency (EPA)." Ballentvne Ditch Co.: 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. Drainage District #2: 9/12/95. liThe 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 the District has no objection thereto." 5. That the applicant presented testimony and drawings depicting an Albertson's supennarket, related parking 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 citizens, 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 genðral 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 Plan. ZONING DISTRICTS 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 zones, such as large equipment sales, as well as light manufacturing in conjunction with retail sales. - 3 - OCT-12-95 16,47 FROM,HTEH 10:2083446818 PAGE 5/6 Section 8-1 O-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 specific use to be developed on property in an area that is not appwpriate 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 servÏce establishments. The Comprehensive Plan designates this property as a "Special Area or Site." "Special areas or Sites" are defined as areas, sites or structures ofhistorica1, 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 LA W Based Upon the foregoing findings, the Planning and Zoning Commission concludes as follows: 1. 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 circumStances, and particularly in light of the designation of this property as a "Special Area" 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 restrictions, the development described as part of the rezone application will be an asset as it will provide shopping in an aesthetically pleasing project. 4. That the proposed zone change with the Development Agreement is in harmony with the general purpose of the City's Comprehensive Plan and ordinances and will not be - 4- Otherwise detrimental to the public health, safety and welfare. That the rezone is in accordance with the Comprehensive Plan for the foregoing reasons. At the termination of the Development Agreement, the property will revert to an R5 zoning designation. RECOMMENDATION Based upon the foregoing findings of fact and conclusions of law, the Eagle Planning 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 in 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 ITD requirements 4. Corrections as designated in the Development Agreement, section 3.2. 5(b) 1. The building shall "not", "with A mezzanine permitted" ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho This 16th day of October, 1995. ATTEST: