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
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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
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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.
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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.
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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.
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. 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
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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
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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
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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.
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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.
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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.
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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;
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. 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
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(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.
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DATED this 2nd day of July 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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(f~~~ Pierce, Chairman
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Page 15 of 15
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