Findings - CC - 2008 - RZ-02-08 - A/Rz From R4 To Cbd-Da/Commercial Use On Site/.28 Acre/221 S Eagle Rd
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 VICTORIA RITCIDE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-02-08
The above-entitled rezone application came before the Eagle City Council for their action on May 13,
2008, at which time testimony was taken and the public hearing was closed. The Council, having heard
and taken oral and written testimony, and having duly considered the matter, makes the following Findings
of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Jason and Victoria Ritchie are 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) to facilitate the development of a commercial use on the site. The .28-acre site
is located on the west side of Eagle Road approximately 800-feet south of State Street at
221 South Eagle Road.
B. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held at the property at 6:00 PM, February 6, 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 February 7, 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 17, 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 11, 2008. The site was posted in accordance with the Eagle City Code on
March 29, 2008. Requests for agencies' reviews were transmitted on February 14,2008,
in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council on was published
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on April 28, 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 18, 2008.
The site was posted in accordance with the Eagle City Code on March 29, 2008. Requests
for agencies' reviews were transmitted on May 2, 2008, in accordance with the
requirements of the Eagle City Code.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
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
maximum)
Proposed No Change CBD-DA (Central Business Retail (cooking supply
District with development store)
agreement)
North of site Central Business District CBD-DA (Central Business Commercial office (J Bar K
District with development & Associates)
agreement)
South of site Central Business District R-4 (Residential-up to four Single family dwelling
dwelling units per acre
maximum)
East of site Central Business District CBD (Central Business Eagle Road, restaurant
District) w/drive thru (McDonalds)
West of site Central Business District R-4 (Residential-up to four Single family dwelling
dwelling units per acre
maximum)
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is within both the CEDA and the TDA overlay districts. Per Eagle City Code,
when a parcel lies within two overlay districts the more strict overlay district shall
generally apply.
H. TOTAL ACREAGE OF SITE: .28-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter (attached to the staff report) date stamped by the City on
February 7, 2008.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification letter (attached to the staff report) date stamped by the City on
February 7, 2008.
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 structure does not comply with the R-4 (Residential - up to four dwelling
units per acre) requirements for side setbacks (7.5'). The existing structure is proposed to
be removed, and any future structures on the site will be required to comply with the
setback requirements of the existing zone.
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report and included herein by reference. 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 objections.
Chevron Pipeline - No conflict.
Department of Environmental Quality - No objection.
Drainage District No. 2 - Letter indicates that a license agreement from the district will be
required.
Eagle Fire Department - No objection.
O. 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.
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:
. Eagle City Code 8-2-4 SCHEDULE OF BUILDING HEIGHT AND LOT AREA
REGULA TIONS:
Minimum Lot Area Minimum Lot
Width
1125'
. Eagle City Code, Section 8-2A-5(C) Areas of Development
Where any parcel lies within more than one development area described above, the entire
parcel shall be considered to be within the development area with the more restrictive
requirements. However, the development of a parcel located within more than one
development area may be permitted using the criteria from each respective district
provided the design review board determines that the more restrictive criteria is not
compromised and that the development is in harmony with the adjacent properies.
. 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-5(C)(3) Community Entry Area-CEDA:
The purpose of the CEDA is to fulfill the vision of the city comprehensive plan by
providing a sense of entry into Eagle and transitional development into the DDA.
. 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(E)(1) Purpose (CEDA):
To provide a sense of entry into the city and transition development into the central
business district in support of the comprehensive plan.
. Eagle City Code, Section 8-3-3 (D) Side And Rear Yards For Nonresidential Uses Abutting
Residential Districts:
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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 justification letter date stamped by the City on February 7, 2008, the applicant is
requesting the rezone of this property to accommodate a retail use that will focus on the sale of
kitchen equipment and "gadgets" as well as offering cooking classes to the public.
Upon approval of the rezone, the applicant intends to remove the existing residential dwelling
and construct a new building that will be more appropriate for the above states use(s). A
design review application will be required for the building, parking, sidewalk, and landscape
design.
. The subject property currently exists within two overlay districts (TDA and CEDA). Eagle
City Code states that when a parcel exists within two overlay districts that the more restrictive
shall apply. However, the property may be allowed to comply with the provisions of both
districts as long as the Design Review Board determines that the integrity of the more
restrictive district is not compromised. The TDA, in general, is the more restrictive of the two
overlay districts. The applicant has not yet submitted a design review application to the City
for this site, but in pre-application meetings staff has directed the applicant toward the zoning
language within the TDA section of the City Code.
. Current access to this 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 adjacent access of adjacent properties
along this stretch 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
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.
. 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
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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) zone is in accordance with the Central Business District land use
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 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) zone is
compatible with the R-4 (Residential-up to four dwelling units per acre) zone 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) zone 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) zone is
compatible with the CBD (Central Business District) zone 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) zone is
compatible with the R-4 (Residential-up to four dwelling units per acre) zone and land
uses to the south since that area is designated on the Comprehensive Plan Land Use Map
as Central Business District and can be developed in a similar manner;
g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone, if all conditions
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 of the
requested rezone from R-4 (Residential, up to 4 units per acre maximum) to CBD-DA (Central
Business District with development agreement), with the conditions within the staff report to
be placed in a development agreement.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
April 7, 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
no one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
The Commission voted 3 to 0 (Smith, Tanner absent) to recommend approval ofRZ-02-08 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 Victoria
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Ritchie with conditions to be placed in a development agreement as shown within their Findings of
Fact and Conclusions of Law document, dated April 7, 2008.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on May 13, 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 no one (other than
the applicant/representative).
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-02-08 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 Victoria Ritchie with the following the 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.
2.3 The Applicant shall remove the residence and any accessory (secondary)
structures from the site prior to the issuance of any building permits for the
site. Demolition permits shall be obtained prior to the removal of said
buildings.
2.4 Existing access to the property from Eagle Road is temporary and shall be
removed at such time that access from the west portion of the adjoining
property 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. The cross
access agreement 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 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
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existing curb-cut and replace it with vertical curb, gutter, and sidewalk.
2.6 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 and construction of curb, gutter, and sidewalk (section 2.5 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 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.
2.7 The owner shall submit a Design Review application for the site and future
building (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.
2.8 The future 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.
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:
1. A Neighborhood Meeting was held at the property at 6:00 PM, February 6, 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 February 7, 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 17, 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 11, 2008. The site was posted in accordance
with the Eagle City Code on March 29, 2008. Requests for agencies' reviews were transmitted on
February 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 April 28, 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 18, 2008. The site was posted in accordance with the Eagle City Code on May 2,
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2008.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-02-08) 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 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)
zoning district is compatible with the R-4 (Residential-up to four dwelling units per
acre) zone 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 CBD-DA (Central Business District with
development agreement) zone and land use 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)
zoning district is compatible with the CBD (Central Business District) zone 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 R-4 (Residential-up to four dwelling units per
acre) zone and land uses to the south since that area is designated on the
Comprehensive Plan Land Use Map as Central Business District and can be
developed in a similar manner;
g. 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 ofthe Central Business District; and
h. 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 24[' day of June 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
A~~
Phil Bandy, Mayor
~
-G-
ATTEST:
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