Findings - CC - 2008 - RZ-03-08 - Rz From R4 To Cbd-Da/67/87 Olde Park Place
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 A DEVELOPMENT AGREEMENT)
FOR OLDE PARK PROPERTIES, LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-03-08
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 Eagle 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:
o Ide Park Properties, LLC, represented by J ustin Woo lston, is requesting approval of a
rezone from R-4 (Residential up to four dwelling units per acre) to CBD-DA (Central
Business District with a development agreement). The .63-acre site is located on Olde
Park Place approximately 1 50-feet south of West State Street at 67 and 87 Olde Park
Place.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 7:00 PM, January 24, 2008, at 408 South Eagle
Road, Suite 103, in compliance with the application submittal requirement of Eagle City
Code. The application for this item was received by the City of Eagle on February 20,
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 March 31, 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 March 19, 2008. The site was posted in accordance with the Eagle City Code on
April 10, 2008. Requests for agencies' reviews were transmitted on February 28, 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 ofTitIe 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 March 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: None
E. COMP ANION APPLICATIONS:
Conditional use permit application for a height exception of 57-feet for a
proposed residential/retail building (CU-02-08).
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 Multi-tenant
District with a development residential/retail building
agreement)
North ofsite Public/Semi-public CBD-DA(Central Business Community center (The
District with development Landing)
agreement)
South of site Residential Four R-4 (Residential - up to four Single-family residential
dwelling units per acre)
East of site Central Business District CBD-DA (Central Business Gravel parking lot/Single-
District with development family dwelling
agreement)
West of site Central Business District CBD-DA (Central Business Vacant parcel
District with development
agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:
The property is located within the TDA (Transitional Development Area) overlay district.
H. TOTAL ACREAGE OF SITE: .63-acres
I. PARKING ANALYSIS:
MUL TI- TENANT RESIDENTIAL/RET AIL BUILDING (26,500-sQuare feet)
First Floor (Proposed retail):
5,234-square feet
. ECC Section 8-4-5 requires I parking space per 250-square feet of gross floor area for
"Retail" uses:
5,234 +- 250 = 21-parking spaces
Second Floor (Proposed residential - 1 to 2 bedroom units):
Eight (8) dwelling units
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. ECC Section 8-4-5 requires: For each unit with 2 or more bedrooms - 2 including I
covered; for each 1 bedroom or studio unit - 1.5 including 1 covered. 0.25-spaces per unit
shall be provided for guest parking. Adjacent on street parking spaces on a local street
may be credited toward the guest parking requirement.
Eight (8) dwelling units (1 to 2 bedrooms) = 16-parking spaces (8 covered), *The applicant is
not yet certain how many of the units will be 1 or 2 bedrooms, so the parking calculations
included here will conservatively consider all units to be 2 bedrooms.
Third Floor (Proposed multi-family residential - 2 bedroom units):
Four (4) dwelling units
. ECC Section 8-4-5 requires: For each unit with 2 or more bedrooms - 2 including 1
covered; for each 1 bedroom or studio unit - 1.5 including 1 covered. 0.25-spaces per unit
shall be provided for guest parking. Adjacent on street parking spaces on a local street
may be credited toward the guest parking requirement.
Four (4) dwelling units (2 bedroom) = 8-parking spaces (4 covered)
COMBINED REQUIRED TOTAL FOR BUILDING
Total: 45-parking spaces*
*The total required parking spaces for this site may decrease as the applicant identifies the one
(1) bedroom dwelling units on the second floor of the building.
COMBINED PROPOSED TOTAL FOR THE ENTIRE BUILDING
Uncovered Spaces:
6 - located on-street along Olde Park Place.
4 -located on the north side of the building.
9 -located along the west portion of the property.
10 -located adjacent to the west side of the proposed building.
Covered Spaces:
6 - located along the west portion of the property.
10 -located adjacent to the west side of the proposed building.
Total Provided: 45 - parking spaces
The applicant is proposing six (6) parking spaces to be located on Olde Park Place as on-street
parking. Eagle City Code allows 0.25 guest parking spaces per multi-family residential dwelling
to be located on-street, which in this case would allow the applicant three (3) on-street parking
spaces (12 total dwelling units). Because of the street and sidewalk improvements that will be
provided on Olde Park Place with the development of this project, staff considers it appropriate to
allow the applicant the remaining three (3) parking spaces to count toward the overall parking
requirements for the site.
J. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See justification letter (attached to the staff report) date stamped by the City on February
20, 2008.
K. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See justification letter (attached to the staff report) date stamped by the City on February
20, 2008.
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L. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is within the service boundaries of Eagle Water Company, Eagle Sewer District,
Eagle Fire District and Joint School District No.2. Site approval letters from the service
providers will be required prior to the issuance of any building permits for this site.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N. NON-CONFORMING USES: None existing.
O. AGENCY RESPONSES:
The following agencies have responded and their correspondence is included herein by
reference and attached to the staff report. Comments which appear to be of special
concern are noted below:
Ada County Highway District - Letter from ACHD indicates that the applicant will be required to
provide roadway improvements along Olde Park Place.
Central District Health Department - Letter from CDH states that plans will be requested from the
applicant for any onsite food or beverage facilities.
Chevron Pipeline - Response indicates no conflict exists.
Department of Environmental Quality - Letter from DEQ states that verification is recommended
to ensure adequate water and sewer are available.
P. LETTERS FROM THE PUBLIC: None received to date
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 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.
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Use of existing houses within the CBD for both residential and commercial purposes
should be encouraged.
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.
. The Transportation/Pathway Network Map #2 of2 shows the extension of Aikens Street
through the southern portion of this site to Kestrel Street.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. 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 (TDA):
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)(a) Height (TDA):
Height of buildings is restricted to a maximum height of forty feet (40'). To the extent the
height requirements herein conflict with section 8-2-4 of this chapter, the height
requirements herein shall control;
. Eagle City Code, Section 8-2A-6(D)(2)(c) Other Floor Options (TDA):
The design should accommodate the ground floor uses as listed in subsection D2b of this
section including residential use. Any use must meet the requirements set forth in section
8-2-3 of this chapter except that apartments on floors other than the ground floor shall be a
permitted use. For the purposes of this section a single apartment unit or multiple
apartment units may be permitted.
. 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
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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:
. The applicant is requesting the rezone of two parcels from R-4 (Residential- up to four dwelling
units per acre) to CBD-DA (Central Business District) to accommodate a building that will
facilitate retail and residential uses. According to the applicant's justification letter date
stamped by the City on February 20, 2008, the proposed building will include retail uses on
the first floor and residential uses on the second and third floors.
. As stated above, the applicant is proposing residential dwelling units on the second and third
floors of the proposed building. Typically multi-family dwellings require a conditional use
permit within the CBD (Central Business District) zone. However, within the TDA
(Transitional Development Area) apartment units are allowed on floors other than the ground
floor. City Code defines an apartment as, "A room or suite of rooms in a multiple-family
structure which is arranged, designed or used as a single housekeeping unit and has complete
kitchen facilities permanently installed." The City Code definition for an apartment does not
make a distinction between a rented unit and a fully owned unit. For the purposes of this
application, and a future design review application for this development, staff is considering
the proposed residential units as "apartments" whether the intention is to sell or rent the space.
Operating within the boundaries of that definition and interpretation of the Code the proposed
residential units are an allowed use within the TDA (Transitional Development Area) overlay
district.
. According to the City's Transportation/Pathway Network Map #2 of2, Aikens Street is shown
as extending thru the southern portion of this site and connecting to Kestrel Street. However,
in meetings with staff, the applicant has proposed instead to extend the drive aisle, sidewalk,
and landscaped buffer area proposed along the southern portion of the property to the adjacent
property to the west at 174 Kestrel Street (see attached site plan). The intent would then be to
require the adjacent property, as it develops, to continue the drive aisle, sidewalk, and
landscaped buffer area through to Kestrel Street, creating connectivity and circulation between
the two properties.
The applicant proposed the above alternate method of connectivity in order to accommodate
more immediate and practical development of the property. However, for the City, the
proposed compromise offers several advantages. It provides for the local connectivity and
access that the City had intended for the area, and mitigates the negative impacts that may
have occurred with a public local road. General vehicle traffic would likely be more inclined
to use a local road for cut-thru purposes, circumventing the controlled intersection at Eagle
Road and State Street and using Aikens Street instead for access to and from and already
congested section of Eagle road. With a private drive aisle general vehicular traffic would be
less inclined to use the access for cut-thru purposes; however, if this continues to be a concern
then the City can encourage design mechanisms on the drive aisle and parking lot that will
discourage cut-thru traffic from occurring.
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Though a grid system of public roads is often considered optimal within the down town core,
the primary concern in this case would be the impact that system might have to the adjacent
residential uses. In terms of traffic a private drive aisle would likely have a lesser impact to
those uses, and a determination could be made that the creation of pedestrian prioritized
connectivity in this instance may be more appropriate. The land use goals, objectives and
strategies within the Comprehensive Plan encourages growth and development that promotes a
live, work and play environment, including pedestrian friendly developments, a variety of
housing types and increased employment opportunities. The applicant's proposal appears to
meet many of these directives, and with the implementation of the landscape strip and
sidewalk connectivity option will also provide adjacent residential neighborhoods with safe
(traffic-free) pedestrian and bicycle friendly access to a variety of commercial/retail options.
The applicant has provided the City with a cross-access agreement that guarantees a stub
connection of the drive aisle, sidewalk, and landscaped buffer area proposed for the southern
portion of the property to the property located at 174 Kestrel Street.
. The applicant will be required to submit a design review application for the proposed building,
parking, sidewalk, and landscape design associated with this development.
. 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 zoning designation of CBD-DA (Central Business District with development
agreement);
c. The proposed CBD-DA (Central Business District with a development agreement) is
compatible with the CBD-DA (Central Business District with a development agreement)
zone and land use to the west since that area has already been rezoned to CBD (Central
Business District) and can be developed in a similar manner;
d. The proposed CBD-DA (Central Business District with a development agreement) is
compatible with the CBD-DA (Central Business District with development agreement)
zone and land uses to the north since that area has already been rezoned to CBD (Central
Business District) and already includes a commercial use;
e. The proposed CBD-DA (Central Business District with a development agreement) is
compatible with the CBD-DA (Central Business District with development agreement)
zone and land uses to the east since that area has already been rezoned to CBD-DA
(Central Business District with a development agreement) and can be developed in a
similar manner;
f. The proposed CBD-DA (Central Business District with a development agreement) is
compatible with the R-4 (Residential-up to four dwelling units per acre) zone and land
uses to the south since any commercial uses approved for this property will be required to
adequately buffer from the adjacent residential uses;
g. The land proposed for rezone is located within a "Hazard Area" and "Special Area"
(Central Business District) as described within the Comprehensive Plan; and will be
developed consistent with the goals and objectives of the Central Business District.
No non-conforming uses are expected to be created with this rezone, if all conditions
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required within the development agreement are complied with.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval 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
April 21, 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 opposition to this proposal was presented to the Planning and Zoning
Commission by one (I) individual who objected to the rezone because of perceived negative
impacts that a commercial zoning designation could have to adjacent residential uses.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by two (2) individuals (not including the applicant/representative) who
considered the rezone to be beneficial to the downtown area.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval ofRZ-03-08 for a rezone from R-4
(Residential- up to four dwelling units per acre) to CBD-DA (Central Business District with a
development agreement) for Olde Park Properties, LLC, with conditions to be placed in a
development agreement as shown within their Findings of Fact and Conclusions of Law document,
dated April 21,2008.
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 opposition to this proposal was presented to the City Council by two (2)
individuals who objected to the rezone because of perceived negative impacts that the
proposed project could have on adjacent residential uses.
C. Oral testimony in favor of this proposal was presented to the City Council by fourteen (14)
individuals (not including the applicant/representative) who considered the rezone and
proposed project to be beneficial to the downtown area.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-03-08 for a rezone from R-4 (Residential- up to four
dwelling units per acre) to CBD-DA (Central Business District with a development agreement) for
Olde Park Properties, LLC, with the following Planning and Zoning Commission 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.
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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.
2.3 The Applicant shalI remove the existing residences and any accessory (secondary)
structures from the site prior to the issuance of any building permits for the
site. Demolition permits shalI be obtained prior to the removal of said
buildings.
2.4 A cross access agreement guaranteeing the stub access of the drive aisle, sidewalk
and twenty foot (20') wide landscaped buffer on the southern portion of the
property to the western adjacent property at 174 Kestrel street shall be reviewed
and approved by the City Attorney and shall be executed and recorded prior to the
adoption of the ordinance to rezone for this property.
2.5 The owner shall submit a Design Review application for any site and
building improvements (as required by the Eagle City Code), and shall comply
with all conditions required by the City of Eagle as a part ofthe Design Review
prior to issuance of a zoning certificate.
2.6 The future building on this site shalI 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
prior to the issuance of a zoning permit.
2.7 Any building constructed on the site shall be connected to central sewer (Eagle
Sewer District) prior to the issuance of a Certificate of Occupancy.
2.8 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.
2.9 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 7:00 PM, January 24, 2008, at 408 South Eagle
Road, Suite 103, in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on February 20, 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 March 31, 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 March 19, 2008. The site was posted in accordance
with the Eagle City Code on April 10, 2008. Requests for agencies' reviews were transmitted on
February 28,2008, 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
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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 March 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-03-08) 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 of CBD-DA (Central Business District with a
development agreement) is in accordance with the Central Business District land
use designation as shown on the Comprehensive Plan Land Use Map; and
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 zoning designation of CBD-DA (Central Business
District with development agreement); and
c. The proposed CBD-DA (Central Business District with a development agreement)
zoning district is compatible with the CBD-DA (Central Business District with a
development agreement) zoning designation and land uses to the west and east since
those areas have already been rezoned to CBD (Central Business District) and can
be developed in a similar manner; and
d. The proposed CBD-DA (Central Business District with a development agreement)
zoning district is compatible with the CBD (Central Business District) zoning
designation and land use to the north since that area has already been rezoned to
CBD (Central Business District) and already includes a commercial use; and
e. 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 designation and land uses to the south since any commercial uses
approved for this property will be required to adequately buffer from the adjacent
residential uses; and
f. The land proposed for rezone is located within a "Special Area" (Central Business
District) as described within the Comprehensive Plan; and will be developed
consistent with the goals and objectives of the Central Business District.
g. No non-conforming uses are expected to be created with this rezone, if all
conditions required within the development agreement are complied with.
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DA TED this 24th day of June 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
~kL~
Phil Bandy, Mayor
ATTEST:
-~~ -~ ~~
Sharon K. Bergmann, Eagle City Clerk
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