Findings - CC - 2008 - RZ-05-08 - Rz From R4 To Cbd-Da/.15 Acre/179 S. Eagle Road
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A REZONE FROM R-4 (RESIDENTIAL - )
UP TO FOUR DWELLING UNITS PER ACRE) )
TO CBD-DA (CENTRAL BUSINESS DISTRICT )
WITH DEVELOPMENT AGREEMENT) )
FOR JASON AND MELISSA BRODT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-05-08
The above-entitled rezone application came before the Eagle City Council for their action on June 10,
2008, at which time 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;
STAFF FINDINGS OF FACT:
A. PROJECT SUMMARY:
Jason and Melissa Brodt are requesting approval of a rezone from R-4 (Residential - up to
4 dwelling units per acre) to CBD-DA (Central Business District with a development
agreement) to facilitate the development of a commercial use on the site. The .15-acre site
is located on the west side of Eagle Road approximately 550-feet south of State Street at
179 South Eagle Road.
B. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held at the property at 6:00 PM, March 4, 2008, in
compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on March 6, 2008.
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 April 14, 2008. 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 April 8, 2008. The site was posted in accordance with the Eagle City Code on
April 24, 2008. Requests for agencies' reviews were transmitted on March 14, 2008, in
accordance with the requirements of the Eagle City Code.
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 May 26,2008. 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 23,2008.
The site was posted in accordance with the Eagle City Code on May 30, 2008.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
The previous owner of the property performed some renovations to the existing single-
family dwelling, including a new fac;ade and site cleanup. Since the site is located in a
residential district, no design review application was submitted or required.
E. COMPANION APPLICATIONS:
Design Review application for a modification to an existing building and site
improvements for the "Art of Framing" (DR-24-08).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District R-4 (Residential - up to four Single-family dwelling
dwelling units per acre)
Proposed No Change CBD-DA (Central Business Retail (art gallery and
District with development framing store)
agreement)
North ofsite Central Business District R-4 (Residential- up to four Single-family dwelling
dwelling units per acre)
South of site Central Business District CBD-DA (Central Business Commercial-Office (J Bar K
District with development & Associates)
agreement)
East of site Central Business District CBD-DA (Central Business Eagle Road, restaurant
District with development w/drive thru (McDonalds)
agreement)
West of site Central Business District R-4 (Residential - up to four Single-family
dwelling units per acre) dwelling/agriculture
G. DESIGN REVIEW OVERLAY DISTRICT:
The property is located within the TDA (Transitional Development Area) overlay district.
H. TOTAL ACREAGE OF SITE: .15-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See justification letter date stamped by the City on March 6, 2008, provided by the
applicant's representative (attached to the staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See justification letter date stamped by the City on March 6, 2008, provided by the
applicant's representative (attached to the staff report).
K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary approval letter from the Central District Health Department has been
received. A letter from the water utility that provides service to the site will be required
prior to the issuance of any building permits on the site.
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L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON-CONFORMING USES:
The existing residential structure does not conform to the R-4 zone minimum side yard set
back oO.5-feet on the north side of the building (existing north setback is approximately
4-feet). If the rezone of the property to CBD is approved then the building will comply
with the new side yard setback requirements of the CBD zone, which are zero feet (0').*
*(See discussion section of the staff report for specific comments regarding compliance
with the TDA overlay district and commercial building setbacks from residential uses.)
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence referenced herein and
attached to the staff report. Comments which appear to be of special concern are noted
below:
Ada County Highway District - (Letter contains a statement of approval for a temporary
ingress/egress from Eagle Road until cross access is completed with adjoining properties.)
Central District Health - No objection
Chevron Pipeline - No conflict
Department of Environmental Quality - No objection
Idaho Department of Transportation - No objection
O. LETTERS FROM THE PUBLIC: None received to date
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Central Business District.
Chapter 6 - Land Use
Central Business District
Suitable primarily for development that accommodates and encourages further
expansion and renewal in the downtown core business area of the community. A
variety of business, public, quasi-public, cultural, residential and other related uses are
encouraged. The greatest possible concentration of retail sales and business is to
occur in this land use designation. Pedestrian friendly uses and developments are
encouraged. Land within this district requires a CBD zoning designation upon any
rezone.
Chapter 11 - Special Areas and Sites
Central Business District (CBD)
The Central Business District is recognized as a special area due to its historical and
architectural significance. It is recognized as the commercial hub of the community.
The Central Business District is depicted on the Comprehensive Plan Land Use Map.
Emphasis should be given to encouraging new housing in and adjacent to the CBD.
Use of existing houses within the CBD for both residential and commercial purposes
should be encouraged.
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State Street/Eagle Road Corridor:
The State Street/Eagle Road Corridor is designated as a Special Area due to its
historical, architectural and scenic significance. This area is depicted on the
Comprehensive Plan Land Use Map.
Chapter 12 - Community Design
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. CBD Central Business District:
To accommodate and encourage further expansion and renewal in the historical core
business area of the community. A variety of business, public, quasi-public, cultural,
residential, and other related uses are encouraged. The greatest possible concentration of
retail sales and business is to occur in this district. Pedestrian friendly uses and
developments are encouraged.
. Eagle City Code 8-2-4 SCHEDULE OF BUILDING HEIGHT AND LOT AREA
REGULA TIONS:
1125'
. Eagle City Code, Section 8-2A-5(C)(2) Transitional Development Area-TDA:
The purpose of the TDA is to provide areas for public parking and service to the DDA and
serve as an area for future expansion of the DDA as market demands grow.
. Eagle City Code, Section 8-2A-6(D)(1) Purpose:
To serve as an area of future expansion to the central business district as market demands
grow and to provide an area to accommodate public parking and service to the central
business district.
. Eagle City Code, Section 8-2A-6(D)(2)(t)
Fa<;:ade: All buildings shall include a "storefront" on the ground floor consisting of a
minimum of fifty percent (50%) glass. Floors above the main floor shall have a minimum
of twenty five (25%) glass.
. Eagle City Code, Section 8-2A-6(D)(3)(b)
Side building setbacks may be zero feet (0') so as to tie into adjoining structures or ten
feet (10') maximum where ties to adjoining structures are not desirable.
. Eagle City Code, Section 8-2A-6(D)(3)(t)
Lot coverage by the footprint of the structure shall be a minimum of twenty percent (20%)
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and a maximum of eighty five percent (85%) in which case off site parking shall be
provided for. The minimum lot coverage requirements may be reduced by the council for
the purpose of providing adequate on site parking in accordance with provisions of this
title for structures that include residential uses on floors other than the ground floor.
. Eagle City Code, Section 8-2A-7(J)(2)(a)
When a commercial or industrial use abuts a residential use, a ten foot (10') wide by six
foot (6') high landscaped buffer is required.
. Eagle City Code, Section 8-2A-7(J)(2)(b)
When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6')
high landscaped buffer is required.
. Eagle City Code, Section 8-3-3 (D) Side And Rear Yards For Nonresidential Uses Abutting
Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a residential district; except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or
screening approved by the council is provided. Such screening shall be a masonry or solid
fence between four (4) and eight feet (8') in height, maintained in good condition and free
of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall
consist of a strip of land not less than twenty feet (20') in width planted with an evergreen
hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the
time of planting.
. Eagle City Code, Section 8-10-1(A): REQUIREMENTS AND RESTRICTIONS (for
development agreements):
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. DISCUSSION:
. As stated in the applicant's justification letter date stamped by the City on March 6, 2008, the
applicant is requesting the rezone of this property to allow for the use of a custom framing store
and art gallery called "Art of Framing~Galerie Belle Ame". If approved the applicant plans to
remodel the existing residential dwelling to accommodate the above mentioned commercial
use.
The applicant will be required to submit a design review application for the building, parking
area, landscaping, and sidewalk design.
. Current access to the property is from Eagle Road. Because Eagle Road is a "Minor Arterial",
as classified by the ACHD 2025 Functional Classification System map, ACHD and the City of
Eagle have determined that this access, and respective accesses, of adjacent properties along
this section of Eagle Road should eventually be removed.
The desired goal, as reviewed and approved by ACHD and the City, is to provide shared
access to these properties from the rear (western) portion of the properties via cross-access
agreements signed by all adjoining owners. Because full development has not yet occurred in
this area allowing for the rear adjoining access to be completed, staff recommends that the
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applicant be allowed temporary access via the existing access from Eagle Road. The temporary
access from Eagle Road will be allowed until such a time that the preferred rear access to the
property is developed. Staff recommends that language for this temporary use be drafted
within a development agreement.
. The existing building is located approximately four feet (4') south of the north property line.
If the site is rezoned to CBD-DA (Central Business District with development agreement) then
the existing building will not be compliant with Eagle City Code Section 8-3-3 (D), which
states in part, "Nonresidential buildings or uses shall not be located nor conducted closer than
forty feet (40') to any lot line of a residential district; except that the minimum yard
requirements may be reduced to fifty percent (50%) of the requirement if acceptable
landscaping or screening approved by the council is provided." Because the adjacent property
to the north is designated as Central Business District within the Comprehensive Plan and
because the proposed commercial use (Retail / Gallery) of this site is expected to be a low
impact use, staff considers it appropriate to allow the applicant to use a solid fence between
four (4') and eight feet (8') in height adjacent to the northern boundary line to meet the above
buffer requirement.
Currently there is a six foot (6') tall cedar fence that partially extends along the northern
property line. Though City Code does not allow cedar style fencing, the fence does appear to
be in good condition, is mostly covered by climbing shrubs or vines, and does not extend to
the front of the building. The existing shrubs or vines that are growing on the fence help cover
its appearance and adds to the buffering of the building from the adjacent use. If the existing
cedar fence is removed and replaced then the mature flora will likely need to be removed as
well. Maintaining existing mature landscaping on the site, and especially along the northern
boundary, is optimal to starting over with new landscaping that may not be effective for a
couple of years.
Since fencing is not a desirable feature in the CBD (Central Business District) zoning district
staff recommends that the applicant be allowed to keep the existing fence as a buffer along the
north property line until the residential property to the north is rezoned to CBD (Central
Business District), at which time the fence should be removed.
. The south side setback for the existing building is thirteen feet (13 '); the TDA (Transitional
Development Area) requires side setbacks to be a maximum often feet (10'). Until access to
the site from the rear (west) side of the building is completed the only available access is
currently from Eagle Road. Because the existing drive aisle extends along the southern
boundary to the parking lot behind the building, any expansion of the building to meet the
required side setback cannot, at this time, be completed. The applicant has indicated in
meetings with staff that when the existing drive aisle is abandoned, that future expansion or
construction of a new building is likely. When expansion or new construction occurs the
applicant will be required to submit a design review application for any further
modifications/additions or for a new building, at which time the required building setbacks for
the zone will be enforced.
. The existing building covers 14.5% (approximately) of the lot, the TDA (Transitional
Development Area) requires minimum lot coverage to be twenty percent (20%). Because of
the issues with the drive aisle/access and because the applicant is proposing a large patio and
outdoor public area at the front of the building, staff considers it appropriate to allow a
decrease in the minimum lot coverage for the building. As stated above, the applicant has
indicated future plans to expand the existing building or to build a new building. When that
occurs staff considers it optimal that expansion of the building be allowed to occur toward the
south portion of the property, creating more of a street frontage feel to the building. If this
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section of the code is enforced at this time then the applicant will have no alternative but to
expand the building to the east (into the parking area) or west (into the public gathering area),
neither of which are preferable to the possibility of expanding the street frontage appeal of the
building, which will increase the desired pedestrian friendly atmosphere.
. 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 requested zoning designation of CBD-DA (Central Business District with a
development agreement) is in accordance with the Central Business District shown on the
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided as conditioned herein, to serve any and all uses allowed on this property under
the proposed zone;
c. The proposed CBD-DA (Central Business District with a development agreement) zoning
district is compatible with the R-4 (Residential-up to four dwelling units per acre) zoning
district and land use to the west since that area is designated on the Comprehensive Plan
Land Use Map as Central Business District and can be developed in a similar manner;
d. The proposed CBD-DA (Central Business District with a development agreement) zoning
district is compatible with the R-4 (Residential-up to four dwelling units per acre) zoning
district and land uses to the north since that area is designated on the Comprehensive Plan
Land Use Map as Central Business District and can be developed in a similar manner and
the proposed commercial use will be required to buffer from the existing residential use;
e. The proposed CBD-DA (Central Business District with a development agreement) zoning
district is compatible with the CBD (Central Business District) zoning district and land
uses to the east since that area is designated on the Comprehensive Plan Land Use Map as
Central Business District and already includes commercial uses that will complement the
proposed use;
f. The proposed CBD-DA (Central Business District with a development agreement) zoning
district is compatible with the CBD-DA (Central Business District with development
agreement) zoning district and land uses to the south since that area has already been
rezoned to CBD-DA (Central Business District with a development agreement) and
already includes a commercial use;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and will be developed consistent with the
goals and objectives of the Central Business District
h. Non-conforming uses are expected to be created with this rezone since the existing
building will become a commercial use and will be less than twenty feet (20') from the
property line of a residential use. The existing building also will not comply with the
TDA (Transitional Development Area) requirements for building coverage and side
setbacks. Once the existing access to the site from Eagle Road is removed and expansion
or new construction occurs then compliance with setbacks and lot coverage will be
required. An existing fence and foliage will be an effective buffer from the adjacent
residential use to the north.
STAFF RECOMMENDATION:
Based upon the information provided to staff to date, staff recommends approval of the
requested rezone from R-4 (Residential - up to four dwelling units per acre) to CBD-DA
(Central Business District with development agreement), with the conditions to be placed
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within a development agreement as provided within the staff report:
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on May 5,
2008, 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
(I) individual who considered the project to be beneficial to the community.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSION DECISION:
The Commission voted 4 to 0 (McCarrell absent) to recommend approval of RZ-05-08 for a
rezone with a development agreement from R-4 (Residential- up to four dwelling units per acre)
to CBD-DA (Central Business District with a development agreement) for Jason and Melissa
Brodt with conditions to be placed in a development agreement as shown within their Findings of
Fact and Conclusions of Law document, dated May 5, 2008.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 10,2008, 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 one (1) individual
who considered the project to be beneficial to the community.
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-05-08 for a rezone with a development agreement from R-
4 (Residential- up to four dwelling units per acre) to CBD-DA (Central Business District with a
development agreement) for Jason and Melissa Brodt with the following Planning and Zoning
Commission recommended conditions to be placed within a development agreement:
2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "B") and Building
Elevation Plans (Exhibit "C") 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. 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.
2.2 Except for the limitations and allowances expressly set forth within and the other
terms of this Agreement, the Property can be developed and used consistent with
the Central Business 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.
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2.3 Existing access to the property from Eagle Road is temporary and shall be
removed at such time that access from the adjacent properties to the north and
south is completed. The applicant shall provide a cross access agreement with the
adjacent property owners to the north and south. The cross-access
agreement shall contain language for the removal of the South Eagle Road
access upon completion of the access from the adjoining properties. If either of
the adjacent property owners is not willing to execute said agreement at this time,
then it shall be required of that property owner to execute a cross-access
agreement when that property is proposed for development. The cross access
agreement shall be reviewed and approved by the City Attorney and shall be
recorded and executed prior to the adoption of the ordinance to rezone for this
property.
2.4 In accordance with ACHD approval for this site the City will allow the use of the
existing twelve foot (12') wide temporary ingress/egress to the property from
South Eagle Road until such a time that the cross access from the adjoining
properties is completed. At such time, the applicant will be required to close the
existing curb-cut driveway and replace it with vertical curb, gutter, and sidewalk.
2.5 If, during the City's design review process, ACHD requires the applicant to pay
into the road trust fund an amount commensurate with the cost of demolition of
the existing curb-cut driveway and construction of curb, gutter, and sidewalk
(section 2.4 of this agreement), the City shall accept this measure as sufficient
surety for completion of the project. However, should ACHD not require
payment into the road trust fund (nor construction of improvements), the City of
Eagle shall require the applicant to place a surety with the City in an amount equal
to 150% of the cost to remove the existing curb-cut driveway and construct the
required curb, gutter, and sidewalk improvements. The surety shall be placed
with the City prior to the issuance of a Certificate of Occupancy.
2.6 The owner shall submit a Design Review application for the site (as required by
the Eagle City Code), and shall comply with all conditions required by the City
of Eagle as a part of the Design Review prior to issuance of a zoning certificate.
2.7 The applicant shall be allowed to maintain the existing cedar fence and attached
foliage along the north property line until such a time that the adjacent property to
the north is rezoned to CBD. At that time the existing cedar fence shall be
removed.
2.8 The building on this site shall be connected to the public water system prior
to the issuance of a Certificate of Occupancy. Documentation from the Eagle
Water Company and the Department of Environmental Quality (Boise Regional
Office) indicating that potable water service has been approved to serve the site
shall be provided to the City prior to the issuance of a zoning permit.
2.9 The existing building shall be connected to central sewer (Eagle Sewer District)
prior to the issuance of a Certificate of Occupancy.
2.10 Upon connection to central water and sewer any existing wells or septic systems
shall be abandoned. Central District Health Department approval is required for
the abandonment of existing wells and septic systems.
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2.11 The development shall comply with the Eagle City Code, as it exists in final form
at the time an application is made and the conditions within this agreement shall
be satisfied.
CONCLUSIONS OF LAW:
I. A Neighborhood Meeting was held at the property at 6:00 PM, March 4, 2008, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received by
the City of Eagle on March 6, 2008.
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 April 14, 2008. 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 April 8, 2008. The site was posted in accordance with
the Eagle City Code on April 24, 2008. Requests for agencies' reviews were transmitted on March
14,2008, in accordance with the requirements of the Eagle City Code.
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 May 26,2008.
Notice ofthis 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 23, 2008. The site was posted in accordance with the Eagle City Code on May 30,
2008.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-05-08) with
regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the
information provided concludes that the proposed rezone is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation ofCBD-DA (Central Business District with a
development agreement) is in accordance with the Central Business District shown on the
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided as conditioned herein, to serve any and all uses allowed on this property under
the proposed zone;
c. The proposed CBD-DA (Central Business District with a development agreement)
zoning district is compatible with the R-4 (Residential-up to four dwelling units per acre)
zoning district and land use to the west since that area is designated on the
Comprehensive Plan Land Use Map as Central Business District and can be developed
in a similar manner;
d. The proposed CBD-DA (Central Business District with a development agreement) zoning
district is compatible with the R-4 (Residential-up to four dwelling units per acre) zoning
district and land uses to the north since that area is designated on the Comprehensive Plan
Land Use Map as Central Business District and can be developed in a similar manner and
the proposed commercial use will be required to buffer from the existing residential use;
e. The proposed CBD-DA (Central Business District with a development agreement) zoning
district is compatible with the CBD (Central Business District) zoning district and land
uses to the east since that area is designated on the Comprehensive Plan Land Use Map as
Central Business District and already includes commercial uses that will complement the
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proposed use;
f. The proposed CBD-DA (Central Business District with a development agreement) zoning
district is compatible with the CBD-DA (Central Business District with development
agreement) zoning district and land uses to the south since that area has already been
rezoned to CBD-DA (Central Business District with a development agreement) and
already includes a commercial use;
g. The land proposed for rezone is located within the Central Business District which is
a "Special Area" as described within the Comprehensive Plan; the property will be
developed consistent with the goals and objectives of the Central Business District;
h. Non-conforming uses are not expected to be created with this rezone since, pursuant to
Eagle City Code Section 8-2A-3, the City Council has, due to the site being of historical
significance, relaxed those requirements of the code that the site otherwise would have
violated.
DA TED this 24th day of June 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
9k-Q~ ~
Phil Bandy, Mayor
ATTEST:
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