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Findings - PZ - 2004 - A-10-04 & RZ-16-04 - A/Rz From Rut To Bp For Optimist Park Subd No 2/9.8 Acre/8811 N Horseshoe Bend Rd. E. F. BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ANNEXATION AND REZONE FROM RUT (RURAL URBAN TRANSITION) TO BP-DA (BUSINESS PARK WITH A DEVELOPMENT AGREEMENT) FOR RED CLIFF DEVELOPMENT ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-IO-O4 & RZ-16-04 The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their recommendation on June 20, 2005, at which time public testimony was taken and the public hearing was continued to June 14, 2004. The Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Red Cliff Development, represented by Bob Unger, is requesting an annexation and rezone from RUT (Rural Urban Transition) to BP (Business Park) for Optimist Park Subdivision No.2. The 9.8-acre site is located approximately 700-feet south of Hill Road on the west side of Horseshoe Bend Road at 8811 North Horseshoe Bend Road. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on December 22, 2004. c. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on January 31, 2005. 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 January 26,2005. Requests for agencies' reviews were transmitted on December 28, 2004, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None COMPANION APPLICATIONS: PP-8-04 (Preliminary plat for Optimist Park No.2 Subdivision) COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Page 1 of 6 K:\Planning DeptlEagle ApplicationsIRZ&AI2004\A-IO-04 &RZ-16-04 pzf.doc COMP PLAN ZONING LAND USE DESIGNA TlON DESIGNA TlON Existing Business Park RUT (Rural Urban Transition Single-family residence & - Ada County Designation) Pasture Proposed No Change BP (Business Park) Commercial Development North of site Business Park RUT (Rural Urban Transition Proposed Optimist Business - Ada County Designation) Park PUD Approved for BP (Business Park) South of site Business Park BP (Business Park) Mini-storage facility East of site Not within Eagle Area of RUT (Rural Urban Transition Single-family residence & Impact - Ada County Designation) Pasture West of site Residential Four (up to 4- R-4 (Residential) SH 55 & Great Sky units per acre max.) Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. TOTAL ACREAGE OF SITE: 9.8-acres I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See the attached justification letter date stamped by the City of Eagle on December 22, 2004, provided by the applicant's representative. J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): Not applicable K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: A preliminary approval letter (with conditions) from the Eagle Fire Department has been received. The Eagle Sewer District states that the subject property would need to be annexed into the District's service boundaries, and construction drawings approved, to obtain central sewer service. A letter from the water utility that provides service to the site will be required prior to the issuance of any building permits on the site. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. L. M. NON-CONFORMING USES: An existing single-family dwelling on the site is proposed by the applicant to remain on the site. Upon the annexation and rezone of the site to the BP zoning district, the site and dwelling would constitute a non-conforming use of the property since Eagle City Code prohibits the use of a single-family dwelling in the BP zone. N. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Page 2 of 6 K:\Plwming DeptlEagle Applicatiolls\RZ&AI2004\A-IO-04 &RZ-16-04 pzf.doc Ada County Highway District Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Transportation Department O. LETTERS FROM THE PUBLIC: None received as of this date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS REGARDING THIS PROPOSAL: WHICH ARE OF SPECIAL CONCERN Business Park Suitable primarily for the development of technical park/research and development facilities, offices and office complexes, and limited manufacturing activities, including small-scale production, distribution, and storage of goods. Support activities may also be permitted. All development within this land use shall be designed to be within a landscaped setting and be free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Such development should be operated entirely within enclosed structures and generate minimal industrial traffic. Development within this land use designation should be required to proceed through the PUD process. Chapter 5 - Economic Development 5.4 Objective To preserve the economic integrity of the Central Business District (CBD) and to encourage business and industry that have minimal environmental impact. 5.5 Implementation Strategies f. New commercial development outside of the Central Business District should complement the Central Business District and Eagle's rural identity. h. Promote additional employment opportunities and expand the economic base by a) encouraging growth and expansion of existing businesses and industry and b) attracting additional business and industry so residents will be provided with adequate commercial services and facilities. Chapter 12 - Community Design 12.3 Entry Corridors Entryway corridors are arterial roadways that introduce both visitors and residents to Eagle. City entryways include State Highways 44 (State Street and Alternate Route) and 55 (Eagle Road). These entrances with their landscaping (or lack thereof), commercial signage and building character provide the first, and oftentimes the most lasting impressions of the entire community. The City of Page 3 of 6 K:\Plwming DeptlEagle ApplicationsIRZ&AI2004\A-IO-04 &RZ-I6-04 pzf.doc B. c. Eagle has the responsibility to guide development and redevelopment that occurs along these entryway corridors. Design review procedures should guide future development and redevelopment of existing uses. Depending on land uses and buildings, more extensive landscaping and fewer points of access may be required. The design review process will afford the opportunity to address the special features of each property and facility in a manner that will best address the overall intent of enhancing Eagle's entryways. Eagle's entrance corridors may take on the look of berms built adjacent to the Banbury and Lexington Hills Subdivisions. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 8-2-3 states that a Single-family dwelling is prohibited in the BP (Business Park) zoning district. DISCUSSION: . Staff believes that a BP (Business Park) zoning designation for this site is appropriate since the parcel is designated Business Park as shown on the City of Eagle 2000 Comprehensive Plan Land Use Plan. This site is compatible with the parcel to the south of this site since that parcel is zoned BP (Business Park) and will be complimentary with the mini-storage facility developed on that site. This site is proposed to be developed in a similar manner with the site to the north, which has been approved for a Business Park development. This site is compatible with the parcel to the east since that area is proposed to be developed with athletic fields that are typically in use during hours when most commercial uses are closed. And, the site is compatible with State Highway 55 to the west since commercial developments rely on traffic corridors to attract clientele to the commercial establishments and, traffic on SH 55 will not be directly affected since this development does not have access onto SH 55. . The existing single-family dwelling (with business) located on the site (proposed Lot 7, Block 1) is proposed by the applicant to remain on the site. Eagle City Code Section 8-2-3 states that a single-family dwelling is prohibited in the BP (Business Park) zoning district and, were the property to be annexed and zoned BP, the dwelling and land in combination would constitute a non-conforming use. Since the City cannot promote the continuation of a non-conforming use, and to assure that the rezone of this site occurs in a timely fashion, the single-family dwelling should be removed from the site within 180-days from the rezone approval date (at which time the annexation and rezone ordinance will be approved and the site will be zoned as BP). If the single-family dwelling is not removed within the 180-day timeframe, then the rezone approval should be considered void. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval of the requested rezone upon annexation. Page 4 of 6 K:\Plamting DeptlEagle ApplicatiollsIRZ&AI2004\A-IO-04 &RZ-16-04 pzf.doc PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on June 20, 2005, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. No oral testimony in opposition to the application was presented. C. No oral testimony in favor of the application was presented. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of A-2-04 & RZ-2-04 for a rezone upon annexation from RUT (Rural Urban Transition - Ada County designation) to BP -DA(Business Park with a development agreement) for Red Cliff Development. CONCLUSIONS OF LAW: 1. The application for this item December 22, 2004. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on May 16, 2005. 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 May 16,2005. Requests for agencies' reviews were transmitted on May 16, 2005 in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-1O-04 & RZ-16-04) 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 of BP-DA (Business Park with a development agreement) is equal to the Business Park 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 are expected to be provided, to serve the business park uses on this property under the proposed zone. ; c. The proposed BP-DA (Business Park with a development agreement) is compatible with the BP zoning designation (Business Park) and land uses to the south; d. The proposed BP-DA (Business Park with a development agreement)is compatible with the RUT (Ada County designation) zone and land uses to the east this sites are currently a pasture and residence within Boise City's AOI e. The proposed BP-DA (Business Park with a development agreement)is compatible with the BP (Business Park) zone and land uses to the north since they propose similar uses. f. The proposed BP-DA (Business Park with a development agreement) is Page 5 of 6 K:\Plwnting DeptlEagle ApplicationsIRZ&AI2004\A-IO-04 &RZ-16-04 pzf.doc compatible with the State Highway 55 to the west of the site. g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. All non-conforming uses created with this rezone are conditioned by the proposed development agreement.. DATED this 5th day of July 2005. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho h2-- ATTEST: ~ 4-<9- ì< (h. ~ ~ Sharon. Bergmann, Eagle City Cl rk Page 6 of 6 K:\Plwmulg DeptlEagle Applicatiolls\RZ&AI2004\A-IO-04 &RZ-16-04 pzf.doc Recording Requested By and When Recorded Return to: City of Eagle P.O. Box 1520 Eagle, Idaho 83616 For Recording Purposes Do Not Write Above This Line DEVELOPMENT AGREEMENT This Development Agreement, made and entered into on the date as indicated herein, by and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and through its Mayor, and Red Clif Development, Inc. ("Applicant"). WHEREAS, the Applicant is the owner of record of certain real estate located at 8811 N. Horseshoe Bend Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description (Exhibit A) which is the subject of an application for Rezone identified as Rezone Application No. RZ-16-04; and WHEREAS, the proposed development includes properties within an area currently zoned RUT(Rural Urban Transition); and WHEREAS, the Applicant desires a BP-DA(Business Park with a development agreement) zoning classification to develop a seven (7) lot business park development use on the above described property, which is herein referred to as the "Property"; and WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined that allowing a BP zoning designation for the Property must be limited with a development agreement to prevent undue damage to, and to otherwise be in harmony with the Comprehensive Plan, the existing uses on the site and the community; and WHEREAS, the intent of this Development Agreement is to protect the rights of Applicant's use and enjoyment of the Property while at the same time limiting any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and Page 1 of 8 K:\Planning Dept\Eagle Applications\RZ&A\2005\Optimist No 2 DA.doc WHEREAS, 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 BP-DA(Business Park with a development agreement) zoning designation for the Property with the requirements set forth in this Development Agreement; and WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10- I(C)(1); and WHEREFORE, the Applicant and the City of Eagle desire to resolve the issues and concerns that have arisen and for and in consideration of the mutual covenants contained herein, it is agreed as follows: ARTICLE I LEGAL AUTHORITY 1.1 Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the property that is the subject of the application to a BP-DA(Busincss Park with a development agreement) zoning designation, after recordation of, and subject to the provisions of this Development Agreement. The ordinance will become effective after its passage, approval, and publication and the execution and recordation of this Development Agreement. ARTICLE II CONDITIONS OF DEVELOPMENT 2.1 The owner shall submit a Design Review application 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 certificate of occupancy. 2.2 The development shall comply with the Eagle City Code, as it exists in final form at the time a design review application is made, along all with all of the conditions as provided within this development agreement. 2.3 The existing single family residential use on Lot 1, Block 3 will be allowed to continue as a non-conforming use for a period not to exceed five (5) years from the date of this document. 2.4 The applicant shall be the sole owner of LotI, Block 3 until the non-conforming use is removed, for a period not to exceed five (5) years from the date of this document. 2.5 All street, landscape and on-site improvements for Phase 2, LotI Block 3, shall have sureties posted with the city at all times during the five year allowance or until the final phase is Page 2 of 8 K:\Planning Dept\Eagle Applications\RZ&A\2005\Optimist No 2 DA.doc developed and the non-conforming use is eliminated, which ever occurs first. 2.6 The non-conforming use shall be deemed abandoned if the residential use ceases for a period of more than 30 days or the existing tenants, Kenneth and Lynn Patten, no longer use it as their primary dwelling. Tenants are expressly prohibited from sub-leasing the property or becoming hold-over tenant. 2.7 No building permits shall be issued if the applicant is found to be not in compliance with the development agreement. ARTICLE ill AFFIDA VIT OF PROPERTY OWNERS 3.1 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 67-6511 A and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference. ARTICLE IV DEFAULT 4.1 In the event the 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 and otherwise enforce the requirements contained in this Development Agreement or to terminate the Development Agreement following the process established in Eagle City Code Section 8-10-1. 4.2 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, including attorneys' fees and court costs. ARTICLE V UNENFORCEABLE PROVISIONS 5.1 If any term, provision, commitment, or restriction of this Development Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument shall remain in full force and effect. The portion of this instrument determined to be invalid or unenforceable will be re-negotiated in good faith between the Applicant (or other appropriate party) and Eagle as an amendment to the Page 3 of 8 K:\Planning Dept\Eagle Applications\RZ&A\2005\Optimist No 2 DA.doc Development Agreement processed in accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. ARTICLE VI ASSIGNMENT AND TRANSFER 6.1 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 representatives, successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers 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 VII GENERAL MA TIERS 7.1 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. 7.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Development Agreement. As used in this Development Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Development Agreement. Any action brought in connection with this Development Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 7.4 Legal Representation. Both the Applicant and Eagle acknowledge that they each have been represented by legal counsel in negotiating this Development Agreement and that neither Page 4 of 8 K:\Planning Dept\Eagle Applications\RZ&A\2005\Optimist No 2 DA.doc party shall have been deemed to have been the draftor of this agreement. 7.5 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 requested 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: City of Eagle 310 E. State St. Eagle, Idaho 83616 Owner: Red Cliff Development 988 Longmont Ave., Suite 200 Boise, Idaho 83706 Leasee: Kenneth & Lynn Patton 8811 N. Horseshoe Bend Road Eagle, ill 83616 Or such other address and to such other persons 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. 7.6 Effective Date. This Development Agreement shall be effective upon the signing and execution of this agreement by both parties. 7.7 Termination. This agreement terminates upon completion of Conditions of Development or after 7-years after the Effective Date, whichever occurs first. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this - day of ,2005. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: Nancy C. Merrill, Mayor Page 5 of 8 K:\Planning Dept\Eagle Applications\RZ&A\2005\Optimist No 2 DA.doc ATTEST: Sharon K. Bergmann, City Clerk STATE OF IDAHO ) : ss. County of Ada) On this - day of , 2005, before the undersigned notary public in and for the said state, personally appeared NANCY C. MERRILL, known or identified to me to be the Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf of said City and acknowledged to me that said City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for Idaho Residing at: My Commission Expires: Page 6 of 8 K:\Planning Dept\Eagle Applications\RZ&A\2005\Optimist No 2 DA.doc By: Cory Swain, President STATE OF IDAHO ) : ss. County of Ada) On this - day of ,2005, before the undersigned notary public in and for the said state, personally appeared , known or identified to me to be the owners of the property referenced herein. and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for Idaho Residing at: My Commission Expires: By: Kenneth Patten, Lessee STATE OF IDAHO) : ss. County of Ada) On this - day of , 2005, before the undersigned notary public in and for the said state, personally appeared , known or identified to me to be the owners of the property referenced herein. and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for Idaho Residing at: My Commission Expires: Page 7 of 8 K:\Planning Dept\Eagle Applications\RZ&A\2005\Optimist No 2 DA.doc By: Lynn Patten, Lessee ST ATE OF IDAHO) : ss. County of Ada) On this - day of , 2005, before the undersigned notary public in and for the said state, personally appeared , known or identified to me to be the owners of the property referenced herein. and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for Idaho Residing at: My Commission Expires: Page 8 of 8 K:\Planning Dept\Eagle Applications\RZ&A\2005\Optimist No 2 DA.doc