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Findings - CC - 2019 - RZ-08-08 MOD EIMP - Modify Da For Eagle Island Marketplace 1\IA BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DEVELOPMENT AGREEMENT ) MODIFICATION FOR EAGLE ISLAND ) MARKETPLACE FOR LAZY P LIMITED ) PARTNERSHIP,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-08-08 MOD The above-entitled rezone development agreement modification application came before the City Council for their action on November 26, 2019, at which time public testimony was taken and the public hearing was closed. The 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; FINDINGS OF FACT: A. PROJECT SUMMARY: Lazy P Limited Partnership, represented by Emily Mueller with Mark Bottles Real Estate Services, is requesting a modification to the development agreement associated with Eagle Island Marketplace. The request is to allow an additional bank/financial institution (with drive-up service) within Eagle Island Marketplace. The 1-acre site(Lot 4, Block 1, Lazy P Subdivision) is located on the north side of West Chinden Boulevard approximately 275-feet east of the intersection of North Linder Road and West Chinden Boulevard at 1500 West Chinden Boulevard. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on October 24, 2019. C. NOTICE OF PUBLIC HEARING: 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 November 9, 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 November 7, 2019. The site was posted in accordance with the Eagle City Code on November 15, 2019. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On December 16, 2008, the City Council approved a comprehensive plan amendment, annexation, and rezone with development agreement for Eisenberg Company(CPA-05-08,A-03-08,and RZ-08- 08). The Findings of Fact and Conclusions of Law for the comprehensive plan amendment, annexation, and rezone with development agreement are incorporated herein by reference. On July 14,2009,the City Council approved a design review application(DR-13-09)for the common area landscaping for Eagle Island Marketplace, including Fred Meyer and eight (8) multi-tenant retail/restaurant buildings within Lazy P Subdivision(aka Eagle Island Marketplace). On July 14, 2009, the City Council approved a design review application(DR-14-09) for the master sign plan for Eagle Island Marketplace. On November 10,2010,the Ada County Board of County Commissioners approved a comprehensive plan amendment, rezone with development agreement, master site plan and preliminary plat (CPA- 05-08, A-03-08, and RZ-08-08) for Eagle Island Marketplace. Page 1 of 5 K:\Planning Dept\Eagle Applications\RZ&A\2008\RZ-08-08 MOD EIMP ccf docx On November 23,2010,the City Council approved Ordinance No. 652 for an annexation and rezone with development agreement of the property associated with Eagle Island Marketplace. Ordinance No. 652 also recognized the vested development rights associated with the approved Ada County preliminary plat application number 201000571-5. On February 8,2011,the City Council approved a final plat for Lazy P Subdivision(FP-O1-11). On August 26, 2014,the City Council approved a combined preliminary/final plat application for EIMP Subdivision No. 1 for Eisenberg Company(PP/FP-O1-14). E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS(based on Lazy P Subdivision in its entirely): .•. COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use C-3-DA(Highway Business Eagle Island Marketplace District with a development commercial development agreement) Proposed No Change No Change Financial Institution/Bank (with drive-up service) North of site Neighborhood Residential RUT(Rural-Urban Single-family residence and Transition—Ada County single-family residential designation)and MU-DA subdivision(Gated Garden (Mixed Use with a Subdivision) development agreement :in lieu of a PUD]) • South of site Mixed Use Development C-C(Community Business Proposed commercial (Meridian Comprehensive District—City of Meridian development(WINCO) Plan designation) designation) East of site Mixed Use MU-DA(Mixed Use with a Single-family residential development agreement :in subdivision(Reynard lieu of a PUD]) Subdivision) West of site Medium Density RUT(Rural-Urban Single-family residential Residential and Mixed Transition—Ada County subdivision(Brandt Use Community designation)and C-C Subdivision)and (Meridian Comprehensive (Community Business commercial development Plan designation) District—City of Meridian designation) F. DESIGN REVIEW OVERLAY DIStRICT:Not in the DDA, IDA,CEDA,or DSDA. G. TOTAL ACREAGE OF SITE: 1-acre(approximate) H. APPLICANT'S STAI'EMENT OF JUSTIFICATION OF A MODIFICAi1ON TO •[HE DEVELOPMENT AGREEMENT: See applicant's justification letters, date stamped by the City on October 24, 2019, attached to the staff report and incorporated herein by reference. Page 2 of 5 KAPlanning Dept\Eagle ApplicationsU2Z&A\2008U22-08-08 MOD EIMP ccf dcex AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The site is currently served by Suez Water, Eagle Sewer District, Eagle Police Department, and Meridian Fire District. J. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. K. NON-CONFORMING USES:None are apparent on the site. L. AGENCY RESPONSES: The following agencies previously responded to the original application for a comprehensive plan map amendment,annexation,and rezone with development agreement(CPA-05-08/A-03-08/RZ-08- 08) and their responses are attached to the staff report dated June 19,2008. Ada County Highway District Chevron Pipeline Idaho Transportation Department M. LETTERS FROM THS PUBLIC:None received to date. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAt ' ANALYSIS PROVII)ED WITHIN THE STAi 'REPORT: A. COMPREHENSNE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARING 1HIS PROPOSAL: • Eagle City Code Section 8-1-2: Rules and Definitions: BANKS/FINANCIAL INSTITUTIONS: Financial institutions that provide retail banking services to individuals and businesses. This classification includes those institutions engaged in the on site circulation of cash money and businesses offering check cashing facilities. • Eagle City Code Section 8-2-1: Districts Established,Purposes and Restrictions: C-3 HIGHWAY BUSINESS DISi'RICT: To permit the establishment of areas for travel related services such as hotels, motels, service stations, drive-in restaurants, offices, limited warehousing, commercial services and retail sales. This district is specifically designed in clusters to service the motoring public on major streets. Uses that compete with the uses allowed within the CBD zoning district shall be discouraged. • Eagle City Code Section 8-2-3: Schedule of District Use Regulations: Banks/Financial Institution(with drive-up service)requires conditional use permit approval within the C-3 (Highway Business District)zoning designation. C. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING [HIS PROPOSAL: 3.25 The development shall be limited to three(3)drive-thru restaurants, one(1)pharmacy drive-thru, one (1) bank (including drive-thru), one (1) remote drive-up ATM, and one (1) fuel service station. The City may place reasonable limits on the hours of operation of all drive-thru uses to ensure compatibility with adjacent uses. Page 3 of 5 KAPlanning DeptEagle ApplicationsUtZ&A\2008ULZ-08A8 MOD EIMP ccf.docx D. DISCUSSION: • The executed development agreement (instrument #109105071) associated with Eagle Island Marketplace limited the number of banks (including drive-thru) within the development to one (1) facility. In 2013, Lot 12, Block 1, was sold to Idaho Central Credit Union and subsequently a credit union(with drive-thru service)was constructed. Pursuant to Eagle City Code Section 8-1-2 a credit union is defined as"banks/financial institutions."To date,all of the uses with a drive-thru have either been constructed or are currently under construction within the development. The applicant is requesting a development agreement modification to add the language "one (1) credit union (including drive-thru)" to condition of development 3.25 so that a bank (including drive-thru) may be constructed on Lot 4, Block 1, within the Eagle Island Marketplacedevelopment. If the Council modifies the condition of development the condition should be modified to reflect banks/financial institutions (with drive-up service) as defined in Eagle City Code and not list the credit union as a separate use. STAKI RECOMMENDATION PROV11)ED WITHIN THE STAi REPORT: Based upon the information provided to staff to date, if the Council approves the development agreement modification, staff recommends that Condition of Development #3.25 be modified as provided within the staff report. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on November 26, 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 this proposal was presented to the City Council by no one (not including the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the City Council by no one. D. Oral testimony neither in opposition to nor in favor of the application was presented to the City Council by one(1)individual who questioned the total number of banks permitted within the Eagle Island Market Place development. COUNCIL DECISION: The Council voted 4 to 0 to approve RZ-08-08 MOD for a development agreement modification for Lazy P Limited Partnership,LLC,to modify condition of development#3.25 with the following staff recommended condition of development to be placed within the development agreement: 3.25 The development shall be limited to three(3)drive-thru restaurants, one(1)pharmacy drive-thru,two (2)banks/financial institutions(with drive-up service),one(1)remote drive-up ATM,and one(1)fuel service station. The City may place reasonable limits on the hours of operation of all drive-thru uses to ensure compatibility with adjacent uses. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezone(RZ-08-08 MOD) development agreement modification 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 zoning designation of C-3--DA (Highway Business District with a development agreement) remains in accordance with the Commercial classification shown on the Comprehensive Plan Land Use Map; Page 4 of 5 KAPlanning DeptTagle ApplicationsULZ&A\2008ULZ-08-08 MOD EIMP ccf.docx b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicated that public facilities exist to serve any and all uses allowed on this property under the zone; c. The C-3-DA(Highway Business District with a development agreement)zone is compatible with the RUT (Rural-Urban Transition — Ada County designation) and MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zones and land uses to the north since the developer of Eagle Island Marketplace was required to provide design elements and buffering to decrease the potential impacts on the existing residential uses and those that may be developed in the future.Also, Eagle Island Marketplace provides commercial uses that serve as a shopping convenience to residents in the area, resulting in shorter vehicle miles traveled and less trips on the regional roadway system; d. The C-3-DA(Highway Business District with a development agreement)zone is compatible with the C-C (Community Business District— City of Meridian designation) zone and land use to the south since this area is currently being developed with similar commercial uses; e. The C-3-DA(Highway Business District with a development agreement)zone is compatible with the MU-DA(Mixed Use with a development agreement[in lieu of a PUD])zone and land use to the east since the developer of Eagle Island Marketplace was required to provide design elements and buffering to decrease the potential impacts on the existing residential uses. Also, Eagle Island Marketplace provides commercial uses that serve as a shopping convenience to residents in the area, resulting in shorter vehicle miles traveled and less trips on the regional roadway system; f. The C-3-DA(Highway Business District with a development agreement)zone is compatible with the RUT (Rural-Urban Transition—Ada County designation) and C-C (Community Business District— City of Meridian designation)zone and land use to the west since those properties are located across a principal arterial from the subject site and a portion of property located to the east is being developed with similar commercial uses; g. The land proposed for rezone is not located within a "Hazard Area" or"Special Area" as described within the Comprehensive Plan; h. No non-conforming uses are expected to be created with this development agreement modification since condition of development #3.4 of the executed development agreement (instrument #109105071) recognizes Bank (Banks/financial institutions (with drive up service) as a permitted use. DATED this 10th day of December, 2019. CITY COUNCIL OF THE CITY OF EAGLE Ada C•unty, Idaho 72/P Stan Ridgeway, Mayor •`` OF E ATTEST: �.-A ( �� • C� • C�•• POR •'••� till, If: Thi'ar'on K. B gncann, Eagle City l ; "' ; * ••• eleSEAL ; . OF t\� Page 5 of 5 K:\Planning Dept\Eagle Applications\RZ&A\2008\RZ-08-08 MOD EIMP ccfdocx ' r - ,A�, l'NYl • d Y� t!'{C gyp, • - . sem. •• Tom*• - .rte ��•� ' c• `'•_