Loading...
Findings - PZ - 2007 - RZ-06-04 MOD - Request Mod To Da Inst#105048971/13.2 Acre/410 N. Linder Rd ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A MODIFICATION TO THE ) DEVELOPMENT AGREEMENT FOR ) THE REZONE FROM RUT TO C-I-DA ) FOR THE SCHENK PROPERTY FOR ) HAWKINS COMPANIES ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-06-04 MOD The above-entitled rezone modification application came before the Eagle Planning and Zoning Commission for their recommendation on June 18, 2007. 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: Hawkins Companies, represented by Jessica Aguilar, is requesting modifications to the development agreement (Instrument # I 05048971) associated with the C-l-DA (Neighborhood Business District with development agreement) zoning of the property to provide a concept plan and define the permitted uses within the development. The 13.2- acre site is located at northeast comer of State Highway 44 and Linder Road at 410 N. Linder Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at the Hope Lutheran Church, on Monday, April 23, 2007, at 6:00 PM. The application for this item was received by the City of Eagle on April 25,2007. C. NOTICE 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 May 29, 2007. 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 29, 2007. The site was posted in accordance with the Eagle City Code on June 4, 2007. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 9, 2004, the City Council approved an annexation and rezone with development agreement (A-04-04/R-06-04) for the Van Treeck and Schenk properties and Copperfield and Sedona Creek Subdivisions. E. COMPANION APPLICATIONS: None Page 1 of 15 K:IPlanning DeptlEagle ApplicationslRZ&A\20041A-4-04 & RZ-6-04 MOD pzfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-I-DA (Neighborhood Single-family dwelling and Business District with pasture development agreement) Proposed No Change C-l-DA (Neighborhood Commercial development Business District with an amendment to the development agreement) North ofsite Residential Three - Park R-2-DA (Residential-up to Sedona Creek Subdivision Lane Planning Area two units per acre with a development agreement) South of site Mixed Use RUT (Residential - Ada State Highway 44 County designation) East of site Transitional Residential RUT (Residential - Ada Church facility and single- and High Density County designation) family dwelling Residential (Proposed Eaglefield 11 Planned Unit Development) West ofsite Mixed Use RI (Residential- Ada Single-family dwelling and County designation) Shady Acres Restaurant C2 (Commercial - Ada County designation) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. TOTAL ACREAGE OF SITE: 13.2 acres 1. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: The applicant is requesting this development agreement modification to provide a concept plan to meet Condition of Development # 2.3 within the development agreement for commercial development on the property prior to submitting a preliminary plat for the site. J. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The Eagle Sewer District currently provides service to Sedona Creek and Senora Creek Subdivisions. The property is located within the service area of United Water ofIdaho. K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. L. NON-CONFORMING USES: There is an existing single-family dwelling, barns, and detached accessory structures Page 2 of 15 K:IPlanning DeptlEagle ApplicationsIRZ&A\20041A-4-04 & RZ-6-04 MOD pzfdoc located on the site. Condition of Development # 2.7 within the development agreement requires that the existing use may continue until a design review application is approved for redevelopment of the site and prior to the City issuing a Zoning Certificate for any improvements the current use shall be removed in its entirety including the existing buildings and structures. M. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached within the staff report. Comments, which appear to be of special concern, are noted below: Ada County Highway District The following agencies have previously responded with the original application for the annexation and rezone with development agreement (A-04-1RZ-06-04) and their correspondences are attached within the staff report dated June 10, 2004. Eagle Sewer District N. LETTERS FROM THE PUBLIC: (attached within the staff report) Teri Bath, President, Eagle Chamber of Commerce and Lee Schrack, Chairman, Eagle Economic Development Council stated in correspondence, date stamped by the City on June 11,2007, that they support the proposed project since it will allow commercial uses which support the neighborhoods located in the vicinity of the development. It is also indicated within the correspondence that the proposed uses are in line with the growth of the city and will not detract from the city core (Central Business District). Phil Hull with The Land Group, Inc., stated in correspondence date stamped by the City on June 8, 2007, that he supports this commercial development. The letter states The Land Group is representing multiple residential developments in the area and the neighborhood commercial opportunities will cut back on vehicle trips on the congested major roadways and pedestrian connections will provide for walkable communities where services are available. Secondly, the Comprehensive Plan calls for commercial at this location which will fit in with the City's goals described within the Comprehensive Plan. Peter Harris with Harris Homes, LLC, stated in correspondence date stamped by the City on June 11,2007, that the Managing Members of the Eaglefield Estates project adjacent to the west are in support of this project since it will provide needed services in the area. It will provide the ability of area residents to walk or have short commutes for banking, restaurants, and shopping. Don Flynn, President and Owner of Shadow Mountain Homes, stated in correspondence date stamped by the City on June II, 2007, that he supports this neighborhood commercial center since it will provide needed amenities and reduce traffic. He also indicated that the project fits with the Comprehensive Plan since it is commercial. Todd Santiago, Idaho Development Services ("Legacy"), stated in correspondence date stamped by the City on June II, 2007, that he is in support of the proposed development since it provides needed services in the area and will provide for overall trip reduction and trip elimination in the area. He also indicated that he was hopeful that the development will have a fast food restaurant as he feels this is an ideal location for one. Mr. Santiago goes on to state that a drive thru window is an important convenience for customers. Page 3 of 15 K:IPlanning DeptlEagle ApplicationsIRZ&A\20041A-4-04 & RZ-6-04 MOD pzfdoc STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · The Comprehensive Plan Land Use Map currently designates this site as: Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. Uses should complement uses within the Central Business District (CBD). Scenic Corridor An Overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. · Chapter 5 - Economic Development 5.1 Background The economic development component of the Comprehensive Plan presents a discussion of the economics and employment in Eagle. The city encourages appropriate economic development while retaining those attributes that give Eagle its special living and working environment. · Chapter 6 - Land Use 6.6 Land Use Implementation Strategies x. Require design treatments to provide compatibility of new development with existing development by considering such issues as building orientation, increased setbacks, height limitations, size restrictions, design requirements, fencing, landscaping or other methods as determined through the development review process. 6.8.2 Park Lane Planning Area The Park Lane Planning Area is designated as mixed use combining community commercial, professional office, and a variety of residential densities. The vision for the area is to recognize the activity center created by Eagle High School and existing development approved by Ada County and to provide compatible land uses at densities that accommodate pedestrian scale design and future mass transit. a. Uses The land use and development policies specific to the Park Lane Planning Area include the following: I. Parcel specific community commercial shall be allowed at the NE and SW comers of Linder Road and State Highway 44 as designated in the 2000 Comprehensive Plan. Page 4 of 15 K:\Planning DeptlEagle ApplicationsIRZ&A\20041A-4-04 & RZ-6-04 MOD pzf.doc c. Access Access to and through should be limited to existing roads (Old Valley Road, Park Lane and Linder Road); no direct access from State Street! Highway 44 shall be permitted unless a new access point is designated by the State of Idaho for Eagle Island State Park. The area to the north of State Highway 44 should require the construction of a frontage road (similar to Old Valley Road) that removes individual property access to State Highway 44. This high density area shall provide internal circulation and connectivity to the residential areas to the north. Cross-access agreements and shared service roads should be encouraged throughout the area. . Chapter 12 - Community Design 12.3 Objectives Enhance the appearance of the City's entry 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 enable the City 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 landscaped berms like those built adjacent to the Banbury and Lexington Hills Subdivisions. . Glossary Commercial Neighborhood Commercial A moderate sized shopping area that features a grocery store but may also include a drug store or variety of services such as stationary, clothes, restaurants, dry cleaners, real estate, gardening and other similar uses. A neighborhood commercial area may have a total of 15,000 to 30,000 square feet but no single buildings in excess of 25,000 square feet. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions: The following zoning districts are hereby established. For the interpretation of this title the zoning districts have been formulated to realize the general purposes as set forth in this title. In addition, the specific purpose of each zoning district shall be as follows: C-I Neighborhood Business District: 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-I district. Such districts are typically appropriate for small shopping clusters or integrated shopping centers located within residential neighborhoods. Page 5 of 15 K:\Planning DeptlEagle ApplicationslRZ&A \20041A-4-04 & RZ-6-04 MOD pzfdoc . Eagle City Code, Section 8-2A-7 (1): 1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically separate and visually screen adjacent land uses which are not fully compatible due to differing facilities, activities, or different intensities of use, such as townhouses and a convenience store, or a high volume roadway and residential dwellings. 2. Minimum Requirements: c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way, a five foot (5') wide by six foot (6') high landscaped buffer is required. · Eagle City Code, Section 8-10 Development Agreements Eagle City Code, Section 8-10-1 Requirements and Restrictions: 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. C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERNING REGARDING THIS PROPOSAL: 2.4 The property shall be limited to no more than two access points onto State Highway 44, subject to the review and approval of the Idaho Transportation Department. 2.9 Construct a minimum six-foot (6') wide meandering asphalt pathway along the frontage of the site adjacent to State Highway 44 (on the north side of the Middleton Canal) prior to the issuance of any occupancy permits for the site. 2.10 Construct a minimum five-foot (5 ') wide meandering concrete sidewalk along the frontage of the site adjacent to Linder Road prior to the issuance of any occupancy permits for the site. D. DISCUSSION: · The Conditions of Development for the development agreement approved by the City Council and recorded (Instrument #105048971) for this site did not include an associated concept plan. Condition of Development #2.3 of the development agreement requires that the property (both Parcel 2 and Parcel 3) shall be master planned as one development; however, the site may be developed in phases. This application is to amend the original development agreement to provide a concept plan for the site. · The 2007 Comprehensive Plan, Glossary, defines Neighborhood Commercial as a land use designation that allows for commercial development with no single buildings not exceeding 25,000 square feet. The concept plan date stamped by the City on April 25, 2007, shows a retail building (labeled Retail I) located in the northwest comer of the development to be 37,300 square feet. Due to this building being located adjacent to Sedona Creek Subdivision the applicant should provide a revised concept plan showing Page 6 of 15 K:\Planning DeptlEagle ApplicationsIRZ&A\20041A-4-04 & RZ-6-04 MOD pzf.doc two buildings not to exceed 15,000 square feet in size to be more conducive to the neighborhood. · The concept plan date stamped by the City on April 25, 2007, shows one access from State Highway 44 approximately seven hundred and seventy-five feet (775') east of the intersection of Linder Road and Highway 44. The applicant should provide documentation from the Idaho Transportation Department approving the access to State Highway 44 or provide a revised concept plan eliminating the access to State Highway 44 prior to the City issuing a Zoning Certificate for the site or submitting an application for preliminary plat approval, whichever comes first. · The concept plan date stamped by the City on April 25, 2007, does not show both a meandering pathway adjacent to State Highway 44 (on the north side of the Middleton Canal) and a meandering sidewalk adjacent to Linder Road. The applicant should provide a revised concept plan showing a meandering pathway adjacent to State Highway 44 (on the north side of the Middleton Canal) and a meandering sidewalk adjacent to Linder Road prior to the City issuing a Zoning Certificate for the site. · The concept plan date stamped by the City on April 25, 2007, shows eleven (II) trash enclosures six (6) of which are located in close proximity to State Highway 44 and Linder Road. The applicant should provide a revised concept plan showing the trash enclosures with the required area for screening and/or buffering per Eagle City Code prior to the City issuing a Zoning Certificate for the site. · The applicant is proposing that the site include two (2) drive up service facilities; one for a bank with up to three (3) drive thru lanes and one for a drugstore with one (I) drive thru lane. Both buildings are shown on the concept plan date stamped by the City on April 25, 2007, located at the southwestern comer of the property in proximity to the intersection of Linder Road and State Highway 44. Staff recommends the drive thru lanes for the bank and drugstore be located on the east side of the buildings with the lanes of travel facing north thus allowing for the building(s) adjacent to the north boundary, landscaped internal parking islands, and required buffering adjacent to Sedona Creek Subdivision to shield the lights and noise from vehicles utilizing the drive up service facilities from the residents residing in Sedona Creek Subdivision. · With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided to staff to date, staff believes that the proposed rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The zoning designation ofC-I-DA (Neighborhood Business District with development agreement) is in accordance with the Commercial designation 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 public facilities exist to serve any and all uses allowed on this property under the zone. c. The C-I-DA (Neighborhood Business District with development agreement) zone has previously been determined to be compatible with the zoning and land uses to the south, north, west and east; d. The land is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and Page 7 of 15 K:IPlanning DeptlEagle ApplicationslRZ&A\20041A-4-04 & RZ-6-04 MOD pzfdoc e. No non-conforming uses are expected to be created with this rezone if the development agreement as proposed is required and subsequently complied with. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval of the requested first amendment of the previously approved development agreement (recorded as Instrument No. 105048971) and the following requested modification shall amend and restate the previously approved development agreement (recorded as Instrument No. 105048971) with underline text to be recommended new conditions to be added to the original development agreement: AMENDED AND RESTATED DEVELOPMENT AGREEMENT This Amended and Restated 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"), Hawkins Companies, an Idaho limited liability company ("HA WKINS") and Sage Development, LLC, an Idaho limited liability company ("SAGE"). HAWKINS and SAGE are sometimes referred to herein, individually or collectively, as the context dictates, as ("Applicant"). Upon recordation of this Development Agreement, that certain Development Agreement recorded in the real property records of Ada County, Idaho, on April 21, 200S, as instrument number 105048971 (the "Original Development Agreement") shall be void and of no further force or effect. WHEREAS, Applicant is the owner of record of certain real estate consisting of approximately 13.2 acres located on the northeast comer of State Highway 44 and Linder Road at 410 N. Linder Road, Eagle, Idaho, ("Property"), as specifically described in the attached legal description (Exhibit A) and shown on the Concept Plan ("Exhibit B"), which is the subject of an application for rezone, identified as Eagle Rezone Application No. RZ-6-04 and which is subject to an application for modification of development agreement, identified as Eagle RZ-6-04 MOD; and WHEREAS, the proposed development includes properties within an area that, at the time the Original Development Agreement was recorded, were designated on the Land Use Map of the Comprehensive Plan as Commercial and zoned "RUT" (Ada County Residential Zoning Designation)"; and WHEREAS, Applicant desires to develop the Property for drugstore, bank/financial institution, and restaurant purposes as generally shown on the Concept Plan; and WHEREAS, the City Council of Eagle has determined that the scope of any drugstore, bank/financial institution, and restaurant project upon the Property should be limited to prevent undue damage to, and to otherwise be in harmony with, the existing community; and WHEREAS, the intent of this Development Agreement is to protect the right of Applicant to use, enjoy and develop the Property while at the same time limit any adverse impacts of the development upon neighboring properties and the existing community and ensure the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and WHEREAS, 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 the "C-I-DA" (Neighborhood Business District) zoning designation for the Property with the requirements set forth in the Original Development Agreement as replaced by this Development Agreement; and Page 8 of 15 K:IPlanning DeptlEagle ApplicationsIRZ&A\20041A-4-04 & RZ-6-04 MOD pzf.doc WHEREAS, the City Council has determined that, in accordance with Eagle City Code Section 8- 10-1 (G), the Original Development Agreement shall be replaced by this Development Agreement; and WHEREAS, Hawkins Companies and Sage Development as owners of the Property have provided Eagle with affidavits agreeing to submit the Property to a development agreement pursuant to Eagle City Code Section 8-10-l(C)(1); and WHEREFORE, Applicant and the City of Eagle desire to enter into this Development Agreement and for and in consideration of the mutual covenants contained herein, it is agreed as follows: ARTICLE I LEGAL AUTHORITY This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Eagle City Code, Title 8, Chapter 10. ARTICLE II ZONING ORDINANCE AMENDMENT Eagle has adopted an ordinance amending the Eagle Zoning Ordinance to rezone the Property to C-I-DA, subject to the provisions of this Development Agreement. The ordinance became effective after its passage, approval, and publication and the execution and recordation of the Original Development Agreement and will continue to be effective after the execution and recordation of this Amended and Restated Development Agreement. ARTICLE ill CONDITIONS ON DEVELOPMENT D Applicant will develop the property subiect to the conditions and limitations set forth in this Development Agreement. Further. Applicant will submit such applications regarding design review. preliminarv and final plat reviews, and/or anv conditional use permits, if applicable. and anv other applicable applications as may be required bv the Eagle City code, which shall complv with the Eagle City code, as it exists at the time such applications are made except as otherwise provide within this Agreement. 3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the proiect. 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 anv proposed changes in the Concept Plan. notice shall be provided as mav be required by the City. 3.3 Provide a reciprocal cross-access agreement between Parcel 2 and Parcel 3 (parcels as shown on Record of Survey No. 5499, Instrument No. 101079595) within the Property. The cross-access agreement shall be reviewed and approved by the Zoning Administrator and shall be recorded in the Ada County Recorder's office prior to the City issuing a zoning certificate for this site. 3.4 The Commercial area is to be developed with a combination ofretail/restaurant!drugstore uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the C-l zoning designation (except as limited in Section 2.6, below). Buildings up to a maximum of 15,000 square feet each are permitted for this area. Page 9 of 15 K:IPlanning DeptlEagle ApplicationsIRZ&A\20041A-4-04 & RZ-6-04 MOD pzf.doc U Except for the limitations and allowances expressly set forth above and the other terms of this Agreement. the Property can be developed and used consistent with the C-I District land uses allowed bv the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations". existing at the time a design review application or conditional use permit application (whichever the case may be) is made for individual building use. All uses shown as "P" permitted under the C-l zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations." shall be considered permitted uses and all uses shown as "C" conditional uses under the C-I zoning designation shall require a conditional use permit. except that a Drugstore with single lane drive UP service, Banks/financial institutions (with drive UP service). and Retail sales (general) shall not require a conditional use permit. In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above. the following uses shall also be prohibited on the Property: . Adult Business; . Automotive gas station or fuel islands; . Automotive washing facility; . Cemeterv; . Convenience store with fuel service; . Equipment Rental and Sales Yard; . Kennel; . Laundrv with drive UP service; . Live entertainment events; . Nursery. plant materials; . Personal wireless facilities (height over 35 feet); . Small Engine Repair; . Storage (fenced area); 3.6 The Property shall be limited to no more than one (1) access point onto State Highway 44, subject to the review and approval of the Idaho Transportation Department prior to submitting a preliminary plat application or issuance ofa Zoning Certificate for the construction of buildings, whichever comes first. 3.7 Provide a 20-foot wide landscape buffer (in conjunction with the existing berm and vinyl fence) along the entire northern boundary ofthe Property. With regard to tree planting only, the buffer area shall be designed in compliance with ECC Section 8-2A-7 (1)(4)(a). 3.8 The applicant shall submit a design review application for the site showing at a minimum: I) proposed development signage. 2) planting details within the proposed and required landscape islands and all common areas throughout the development. 3) landscape screening details and buffering adiacent to Senora Creek Subdivision 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed). 5) landscape screening details of the irrigation pump house (if proposed), 6) useable amenities such as covered shelters. benches. gazebos. and/or similar amenities. The design review application shall be reviewed and approved bv the Eagle Design Review Board and Eagle City Council prior to the submittal of the final plat or prior to the issuance of a Building Permit application. whichever comes first. 3.9 The bank and drugstore drive thru lanes shall be located on the east side of the buildings with the lanes of travel facing north thus allowing for the building(s) adiacent to the north boundarv. landscaped internal parking islands, and required buffering adiacent to Senora Creek Subdivision to screen the headlights and visibility from the residents living within Senora Creek Subdivision. Page 10 of 15 K:IPlanning DeptlEagle ApplicationslRZ&A\20041A-4-04 & RZ-6-04 MOD pzf.doc The applicant shall provide a revised concept plan showing two (2) buildings not exceeding 15.000 square feet in size at the northwest comer ofthe property prior to submitting a preliminarv plat or design review application. 3.10 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted architecture styles are specifically those shown within the Eagle Architecture and Site Design Book (EASD Book). Architecture styles and building design elements that are not shown with the EASD Book will not be permitted. 3.11 The current use of the Property (agricultural with ancillary commercial horse breeding and boarding) may continue until such a time that design review application is approved for redevelopment ofthe site. Prior to the City issuing a Zoning Certificate for approval of the site redevelopment plan (final building, site, civil, and landscape plans) the current use as described herein shall be removed in its entirety including all existing buildings and structures. 3.12 Upon redevelopment of the site all buildings shall be set back a minimum of thirty feet (30') from State Highway 44 and Linder Road (not including right-of-way). 3.13 Construct a minimum six-foot (6') wide meandering asphalt pathway along the frontage of the site adjacent to State Highway 44 (on the north side of the Middleton Mill Canal) prior to the issuance of any occupancy permits for the site. 3.14 Construct a minimum five-foot (5') wide meandering concrete sidewalk along the frontage of the site adjacent to Linder Road prior to the issuance of any occupancy permits for the site. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on June 18, 2007, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one (1) individual who indicated that he was in support of the proposed concept plan and cross access to the adjacent property to the east provided in has sufficient room to allow for two vehicles to pass in opposite direction. He also indicated the building shown on the concept plan to be located in the northwest comer of the property should be reduced to twenty five thousand (25,000) square feet instead of reducing it to two (2) buildings not to exceed fifteen thousand (15,000) square feet each. C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no. D. Oral testimony neither in favor nor opposed to the project was presented to the Planning and Zoning Commission by four (4) individuals who live in the adjacent neighborhood to the north and requested the following concerns be addressed: I) vehicle ingress-egress cross-access be provided to the adjacent parcel to the east of the proposed development to provide for a reduction of traffic utilizing Linder Road, 2) additional buffering be added on the north boundary adjacent to Sedona Creek Subdivision, 3) allow for access to State Highway 44, 4) reduce the size of the proposed building (labeled Retail I on the Concept Plan date stamped by the City on April 25, 2007) in the northwest comer of the project or construct two (2) smaller buildings in its place, 5) control the style and time of operation for site lighting, 6) review the placement of trash enclosures for the proposed businesses to ensure they are not in proximity to the adjacent residences, 7) require a traffic impact study to ensure the proposed ingress/egress locations will be adequate for the proposed uses on the site, 8) address the location of the drive up service lanes so that they do not impact the neighborhood, and 9) possibly replace the vinyl fence along the north boundary with a masonry fence. Page 11 of 15 K:\Planning DeptlEagle ApplicationsIRZ&A\20041A-4-04 & RZ-6-04 MOD pzf.doc COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of RZ-06-04 MOD for a modification to the development agreement by amending and restating the original development agreement (recorded as Instrument No. 105048971) with the following staff recommended conditions of development to be placed within an amended and restated development agreement with strikethrough text to be deleted by the Commission and underline text to be added by the Commission. 3.1 Applicant will develop the property subject to the conditions and limitations set forth in this Development Agreement. Further, Applicant will submit such applications regarding 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 provide within this Agreement. 3.2 The Concept Plan (Exhibit B) 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, notice shall be provided as may be required by the City. 3.3 Provide a reciprocal cross-access agreement between Parcel 2 and Parcel 3 (parcels as shown on Record of Survey No. 5499, Instrument No. 101079595) within the Property and provide a cross-access agreement with the adiacent property to the east. The cross- access agreements shall be reviewed and approved by the Zoning Administrator and shall be recorded in the Ada County Recorder's office prior to the City issuing a zoning certificate for this site. 3.4 The Commercial area is to be developed with a combination of retail/restaur antidrug store uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the C-I zoning designation (except as limited in Section 3.10, below). Buildings up to a maximum of +2.5,000 square feet each are permitted for this area. 3.5 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the Property can be developed and used consistent with the C-I District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing at the time a design review application or conditional use permit application (whichever the case may be) is made for individual building use. All uses shown as "P" permitted under the C-I zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses shown as "C" conditional uses under the C-I zoning designation shall require a conditional use permit, except that a Drugstore with single lane drive up service, Banks/financial institutions (with drive up service), and Retail sales (general) shall not require a conditional use permit. In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above, the following uses shall also be prohibited on the Property: . Adult Business; . Automotive gas station or fuel islands; . Automotive washing facility; . Cemetery; Page 12 of 15 K:\Planning DeptlEagle ApplicationslRZ&A\20041A-4-04 & RZ-6-04 MOD pzf.doc . Convenience store with fuel service; . Equipment Rental and Sales Yard; . Kennel; . Laundry with drive up service; . Live entertainment events; . Nursery, plant materials; . Personal wireless facilities (height over 35 feet); . Small Engine Repair; . Storage (fenced area); 3.6 The Property shall be limited to no more than one (I) access point onto State Highway 44, subject to the review and approval of the Idaho Transportation Department prior to submitting a preliminary plat application or issuance of a Zoning Certificate for the construction of buildings, whichever comes first. 3.7 Provide a 20-foot wide landscape buffer and a CMU fence eight feet (8') in height. (in conjunction with the existing berm, and vinyl fence) along the entire northern boundary of the Property. With regard to tree planting only, the buffer area shall be designed in compliance with ECC Section 8-2A-7 (J)(4)(a). 3.8 The applicant shall submit a design review application for the site showing at a minimum: I) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) landscape screening details and buffering adjacent to Senora Creek Subdivision 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), 6) useable amenities such as covered shelters, benches, gazebos, and/or similar amenities. The design review application shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of the final plat or prior to the issuance of a Building Permit application, whichever comes first. 3.9 The bank and drugstore drive thru lanes shall be located on the east side of the buildings with the lanes of travel facing north thus allowing for the building(s) adjacent to the north boundary, landscaped internal parking islands, and required buffering adjacent to Senora Creek Subdivision to screen the headlights and visibility from the residents living within Senora Creek Subdivision. Tke apfllieftflt skall J'lrsvide a re'lised eSReeflt plftfl skowiRg tY/s (2) lmildiRgs Rot el16eediRg 15,009 sEjlJare feet iR size at tke RoFtkY/est esmer oftke property prior to slJemittiRg a prelimiRIII)' plat or desigR review a\3J'llieatisR. 3.10 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted architecture styles are specifically those shown within the Eagle Architecture and Site Design Book (EASD Book). Architecture styles and building design elements that are not shown with the EASD Book will not be permitted. 3.11 The current use ofthe Property (agricultural with ancillary commercial horse breeding and boarding) may continue until such a time that design review application is approved for redevelopment of the site. Prior to the City issuing a Zoning Certificate for approval of the site redevelopment plan (final building, site, civil, and landscape plans) the current use as described herein shall be removed in its entirety including all existing buildings and structures. 3.12 Upon redevelopment of the site all buildings shall be set back a minimum of thirty feet Page 13 of 15 K:\Planning DeptlEagle ApplicationsIRZ&A\20041A-4-04 & RZ-6-04 MOD pzf.doc (30') from State Highway 44 and Linder Road (not including right-of-way). 3.13 Construct a minimum six-foot (6') wide meandering asphalt pathway along the frontage of the site adjacent to State Highway 44 (on the north side of the Middleton Mill Canal) prior to the issuance of any occupancy permits for the site. 3.14 Construct a minimum five-foot (5') wide meandering concrete sidewalk along the frontage ofthe site adjacent to Linder Road prior to the issuance of any occupancy permits for the site. 3.15 The hours of operation for businesses located within the development shall be limited to 6:00 AM to II :00 PM. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at the Hope Lutheran Church, on Monday, April 23, 2007, at 6:00 PM. The application for this item was received by the City of Eagle on April 25, 2007. 2. 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 May 29, 2007. 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 29, 2007. The site was posted in accordance with the Eagle City Code on June 4, 2007. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone modification (RZ-06-04 MOD) 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-I-DA (Neighborhood Business District with development agreement) is in accordance with the Commercial designation 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 public facilities exist to serve any and all uses allowed on this property under the zone. c. The C-I-DA (Neighborhood Business District with development agreement) zone has previously been determined to be compatible with the zoning and land uses to the south, north, west and east; d. The land is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and e. No non-conforming uses are expected to be created with this rezone if the development agreement as proposed is required and subsequently complied with. Page 14 of 15 K:IPlanning DeptlEagle ApplicationsIRZ&A\20041A-4-04 & RZ-6-04 MOD pzf.doc DATED this 2nd day of July 2007. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho '\ ")..,--- (f~~~ Pierce, Chairman ") -' "'---- ~- ATTEST: ~",........", "'".... ",OLE ""~~ I' .G. ~ ....... #.., f1 O..~ .' .... ~- .- ;-..fE _."T' -~ .)." o~ '. \ . .l"l .. E-<.~ ~'O. -: 0 ' V;: : U: '-' ,. ~ Qt.::! . ~ <....t~ '4J 'l(: " . c., v ;;.- CJ ~ ~ IrIIl. -.. o~.. , :' ~.,.. -. -.\ .ottf .- 6 .. 4'" ........ 0' ...... ~'"" S T A 1'~ """ ,."......",' Page 15 of 15 K:\Planning DeptlEagle ApplicationslRZ&A \20041A-4-04 & RZ-6-04 MOD pzf.doc