Findings - CC - 2008 - RZ-08-03 MOD - Mod To Da #105007541/Add Drive Thru Restaurant
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE REZONE )
DEVELOPMENT AGREEMENT ASSOCIATED )
WITH ARTS WEST SUBDIVISION (AKA )
SYMPHONY SUBDIVISION) FOR EAGLE )
ISLAND CROSSING, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-08-03 MOD
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their decision on July 8, 2008. The Council continued the item to the July 22, 2008,
meeting at which time the application was remanded to staff. The application was re-noticed and came
before the City Council on September 23, 2008, at which time public testimony was taken. The Council
left the public hearing open and continued the public hearing to October 28, 2008, at which time they
made their decision. 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:
Eagle Island Crossing, LLC, represented by Kammie Oates with Horrocks Engineers, is
requesting a modification to the rezone development agreement (Instrument No.
105007541) to add a drive-thru restaurant (specifically one of the following: coffee,
yogurt/ice cream, or sandwich shop) as a permitted use within Arts West Subdivision (aka
Symphony Subdivision), a 21-10t (17-commercial, I-access, 3-common) mixed use
subdivision. The 16.05-acre site is generally located 1,320 feet east ofN. Park Lane on the
north side of State Highway 44 at 3300 & 3450 W. State Street and 3415 W. Flint Drive.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 22, 2008.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this 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 June 23, 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 June 30, 2008.
The site was posted in accordance with the Eagle City Code on September 9, 2008, and
September 12, 2008.
Due to the application having been remanded, a second Notice of Public Hearing on this
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 September 8, 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 September 5, 2008. The site was posted in
accordance with the Eagle City Code on September 9,2008, and September 12,2008.
Page 1 of 11
K:\Planning Dept\Eagle Applications\RZ&A\2003\RZ-08-03 MOD ccf.doc
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 7, 2004, the City Council approved a comprehensive plan amendment
(CP A-03-03) to change the land use designation on the Comprehensive Plan Land Use
Map from Residential One (up to one dwelling unit per acre) to Mixed Use and a rezone
(RZ-08-03) from A-R (Agricultural-Residential) to MU-DA (Mixed Use with
development agreement) for Lots 1 and 2, Block 1, and Lots 1, 2, 4, 5, 6, 8, and 9, Block
2, of Flint Estates Subdivision.
On April 12, 2005, the City Council approved a preliminary plat (PP-07-04) for
Symphony Subdivision for Park Hampton, LLC.
On November 13, 2007, the City Council approved a design review (DR-67-07) for the
common area landscaping and music academy building within Eagle Island Crossing
Subdivision (aka Arts West Subdivision).
On December 18, 2007, the City Council approved a final plat (FP-12-07) for Arts West
Subdivision for Eagle Island Crossing, LLC.
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use, Transitional MU-DA (Mixed Use with a Mixed use development
Residential, and Scenic development agreement) including commercial,
Corridor overlay retail, multi-family
residential, and a private
school
Proposed No Change No Change Allow a restaurant with
drive-thru
North of site Transitional Residential A-R (Agricultural- Single-family residential
Residential) and R-3-DA (Flint Estates Subdivision)
(Residential-up to three and the proposed
dwelling units per acre with a Symphony Square
development agreement) Subdivision
South of site Mixed Use, Public/Semi- PS (Public/Semi-Public) and State Highway 44 and the
Public, and Residential RUT (Residential- Ada proposed entrance to Eagle
One County designation) Island State Park
East of site Residential One and R-l (Residential-up to one The Colony Subdivision
Transitional Residential unit per acre) and R-3-DA and the proposed
(Residential-up to three Symphony Square
dwelling units per acre with a Subdivision
development agreement)
West of site Mixed Use MU-DA (Mixed Use with a Bellemeade Subdivision
development agreement) and and proposed Millpark
A-R (Agricultural- Village Subdivision
Residential)
Page 2 of 11
K:\Planning Dept\Eagle Applications\RZ&A\2003\RZ-08-03 MOD ccf.doc
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: 16.05-acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter date stamped by the City on September 10, 2008,
attached to the staff report and incorporated herein by reference.
1. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
J. NON-CONFORMING USES: None are apparent on the site.
K. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to a Zoning
Administration memo to the Mayor and Council dated September 12, 2008, and
incorporated herein by reference:
Ada County Highway District - Providing number of vehicle trips/day for a restaurant
with a drive-thru and the vehicle trip per day threshold for a residential collector.
Idaho Department of Transportation - No comment or concerns relative to a drive-thru
restaurant at the site.
L. LETTERS FROM THE PUBLIC:
Gary and Karen Brandecker submitted correspondence date stamped by the City on
September 10, 2008, opposed to the drive-thru food establishment. They also indicated
that drives thru establishments were denied when the application was originally approved
September 4, 2008. They are also indicated they have traffic and safety concerns that will
be created the number of businesses within the development.
Walter H. and Rosemarie Hess submitted correspondence date stamped by the City on
July 3, 2008, requesting that the developer not be permitted to divide a single parcel into
four (4) separate parcels, allow a drive-thru in proximity to The Colony Subdivision, and
request that the developer submit a final plan so the affected residents will have a clear
picture as to what is being developed in Eagle Island Crossing.
Ernie and Reva Clarke submitted correspondence date stamped by the City on July 7,
2008, requesting no fast food restaurants or drive-thrus be permitted within Eagle Island
Crossing to preserve adequate "insulation" between existing Colony residences and new
development.
Penny Ivancic submitted correspondence date stamped by the City on July 11, 2008,
supporting the City Council's decision in September 2004 denying drive-thru restaurants
in this area.
Penny Ivancic sent an email on September 24, 2008, expressing her concerns with the
additional traffic and requesting a clarification on what uses are permitted within a Mixed
Use zone.
Ken Croff sent an email dated September 19, 2008, addressing his concern regarding the
additional traffic on Flint Drive and Fisher Park Way coming from Eagle High School.
Page 3 of 11
K:\Planning Dept\Eagle Applications\RZ&A\2003\RZ-08-03 MOD ccf.doc
Becky Callister sent an email on September 22, 2008, opposing any proposed drive-thru
restaurants within Arts West Subdivision. She is opposed to a restaurant with drive-thru
because the previous Council promised there would be no businesses with drive-thru
service in this development. The proposal is not compatible with the neighborhood. She is
concerned with the additional traffic from the high school. Due to the additional traffic the
proposed use will be dangerous to the students attending Arts West School. This proposal
will spur more applications for drive-thru establishments along the State Highway 44
corridor.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within the Central Business District (CBD).
Development within this land use designation should be required to proceed through the PUD
and/or Development Agreement process, see specific planning area text for a complete description.
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.
6.8 Land Use Sub Areas
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. Use
The land use and development policies specific to the Park Lane Planning Area
include the following:
3. Flint Drive shall be preserved primarily as a residential street while properties
abutting State Street should include a mix of residential uses, limited retail and
office uses that promote trip capturing.
b. Design
2. Flint Estates Area:
The Flint Estates area adjacent to State Highway 44 should be designed to provide
limited retail uses that encourage pedestrian circulation from the residential and
high school areas, and to compliment the existing mixed use areas at State Street
and Park Lane (Camille Beckman).
Street trees, benches and sidewalks are encouraged within the Park Lane Planning
Area.
Page 4 of 11
K:\Planning Dept\Eagle Applications\RZ&A\2003\RZ-08-03 MOD ccf.doc
Common parking areas at the sides of buildings and joint parking agreements
should be encouraged so walking distances between buildings are minimized and
provide a pedestrian scale to the area.
Activity and building orientation should focus on internal circulation roads rather
than the regional transportation network. Flint Drive is to remain primarily a
residential roadway.
On-street parking should be encouraged where sufficient right of way is available.
Appendix 1 - Glossary
Trip Capturing
The design of transit, commercial, retail and office areas so that patrons are able to
accomplish multiple daily tasks with one vehicle trip as opposed to having to use
multiple vehicle trips to go to several single use areas. This is opposite of trip
generation which is a use that creates a new independent vehicle trip for a specific
use or a use that is a single destination site.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code, Section 8-3-5 Unique Land Uses:
Certain unique land uses pose special problems that may have detrimental influences
on surrounding land uses. The following performance standards for such unique land
uses shall be adhered to in addition to all other provisions of this title.
Drive In Restaurant:
1. Will be enclosed on the property line with landscaping and fencing, except for
ingress and egress, to prevent trash from moving onto other properties;
2. Will have at least a six foot (6') high sight obscuring fence along the property
lines that adjoin a residence;
3. Will provide for adequate trash receptacles; and
4. Will avoid the direction of night lighting toward any residence.
C. DISCUSSION:
. The applicant is requesting a modification to the "Conditions of Development" for the
development agreement (Instrument No. 105007541) for RZ-08-03 associated with Arts West
Subdivision (aka Symphony Subdivision) to allow for one drive-thru restaurant limited to the
operation of a coffee, ice cream/yogurt, baked goods, or deli sandwich shop only. If approved,
the restaurant with drive-thru is proposed to be located in Building "L" (as shown on the Eagle
Island Crossing Site Plan date stamped by the City on May 22, 2008) and will include one (1)
drive-thru service lane located adjacent to the western and southern elevations of the building.
Building "L" will be located adjacent to Fisher Park Way to the west and the proposed
Symphony Square Subdivision to the north.
In the original application, the applicant had requested the approval of one (1) restaurant with
drive-thru and that additional drive-thru restaurants be permitted with the approval of a
conditional use permit. The applicant's proposed condition of development did not restrict the
type of restaurant with drive-thru that would be permitted. Because there was no restriction
Page 5 of 11
K:\Planning Dept\Eagle Applications\RZ&A\2003\RZ-08-03 MOD ccf.doc
staff was concerned with the potential intensity and impacts a restaurant with drive-thru would
have on adjacent developments and therefore made the recommendation of denial of the
original request.
. Restaurants with a drive-thru are a prohibited use within the MU (Mixed Use) zone. The
development agreement for this development was used in lieu of a planned unit development
(PUD). Development Agreements are a discretionary tool used by the Council as a condition
of rezoning and allow a specific product 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. Within a
PUD, up to ten percent (10%) of the gross land area may be directed to other commercial,
office, public and quasi-public uses that are not allowed within the land use district, provided
that there is a favorable finding by the council. The total area of the site is 16.05 acres, and the
proposed lot where Building "L" is to be located consists of .74 acres which is less than the
ten percent (10%) of the gross land area (1.60 acres) permitted with the PUD.. See condition
of development no. 2.7 addressing this item.
. The Eagle Island Crossing Site Plan date stamped by the City on May 22, 2008, shows
Building "L" located on a lot adjacent to the northern boundary of the subdivision where the
proposed Symphony Square Subdivision is to be located. The site plan shows the proposed
drive-thru lane located on the opposite side of Building "L" from the proposed Symphony
Square Subdivision. The developer of Arts West Subdivision is required to construct a twenty-
foot (20') wide landscaped buffer area adjacent to Symphony Square Subdivision. Staff
believes the required buffer area, the drive aisle serving the lots within Arts West Subdivision
west of Fisher Park Way located adjacent to the buffer area, and the location of the proposed
drive-thru, will sufficiently shield the lights and diminish the noise of vehicles using the
drive-thru lane from the adjacent residential uses and roadways.
It should be noted that during the design review process the building and site design will be
reviewed and approved by the Design Review Board pursuant to all of the requirements of
Eagle City Code prior to the issuance of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Staff recommends approval of the modification to the development agreement with an addition to
Conditions of Development 2.7 (underline text to be added) and one (1) new Conditions of Development
2.14 to read as follows:
2.7 In accordance with ECC Section 8-2-1, this development agreement is considered in-lieu of
the PUD (except as conditioned in 2.12 below). Except for the limitations and allowances
expressly set forth above and the other terms of this Agreement, the uses which are shown as
permitted (P) or conditional (C) uses under the Mixed Use zoning designation within Eagle
City Code Section 8-2-3 "Official Schedule of District Regulations" shall be considered
permitted uses on Lots 5 and 8, Block 2, except that the following uses shall be prohibited:
Mobile home (single unit primary residence)
Mobile home (single unit temporary living quarters)
Mobile home park
Animal shows or sales
Automotive washing facility
Bar
Cabinet shop
Cemetery
Circuses and carnivals
Page 6 of 11
K:\Planning Dept\Eagle Applications\RZ&A\2003\RZ-08-03 MOD ccf.doc
Christmas tree sales
Commercial entertainment facilities (indoors) - Note: see item 2.8 below
Commercial entertainment facilities (outdoors) - Note: see item 2.8 below
Drive-in theater
Electronic sales, service, or repair shop
Equipment rental and sales yard
Farmer's markets (outdoor)
Hardware store
Horticulture (general)
Hospital
Hotel
Industry
Kennel
Laboratories
Laundromat
Laundry (with drive up service)
Live entertainment events - Note: see item 2.8 below
Massage Spa
Mobile office
Mortuary
Motel
Parking lot, parking garage commercial
Personal wireless facilities (height-over 35 feet)
Research Activities
Retail sales (general)
Riding academies/stables
Roadside stand (temporary structure)
Sign shop, including painting
Small engine repair (mower, chainsaws, etc)
Storage (enclosed building)
Storage (fenced area)
Street fair
Trade fair
Travel services
Upholstery shop
Woodworking shop
The restaurant with drive-thru (limited to one of the following: coffee, yogurt/ice cream, or
deli sandwich shop), shown on the Eagle Island Crossing: Site Plan (Exhibit "D") as
Building "L", which is a prohibited use within said section of Ea~le City Code and on the
entire Property as noted above, shall be permitted with this development agreement.
2.14 Any building with a proposed drive-thru shall be designed in such a way as to compliment
the overall character of the development. and design styles exceeding the standard utilitarian
look of a building with a drive-thru shall be required. The applicant shall also shall provide a
minimum forty-eight inch (48") high berm, decorative block wall, cultured stone, decorative
rock, or similarly designed concrete wall, landscaping, or combination thereof within the
buffer area adjacent to the drive-thru lane to reduce the impact of the vehicles utilizing the
drive-thru lane (i.e. vehicle headlights and vehicle cueing).
Page 7 of 11
K:\Planning Dept\Eagle Applications\RZ&A\2003\RZ-08-03 MOD ccf.doc
PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council July 8, 2008. The Council
continued the item to the July 22, 2008, meeting at which time the application was remanded to
staff. The application was re-noticed and came before the City Council on September 23, 2008, at
which time public testimony was taken. The Council requested additional information be provided
from the Idaho Transportation Department and Ada County Highway District, left the public
hearing open and continued the public hearing to October 28, 2008 at which time public 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 (not including
the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by two (2)
individuals representing residents who reside within Colony Subdivision who have the following
concerns:
. Previous Council prohibited banks with drive-thru service and it was the residents
understanding that all drive-thru uses were prohibited on the site.
. The proposed restaurant with drive-thru is located too close to Arts West school.
. Drive-thru service is not an economic necessity for a coffee shop.
. The developer is the only one who benefits financially.
. If the proposed Symphony Square Subdivision were constructed and built out those
residents would also be complaining about the proposed restaurant with drive-thru.
. The residents are upset the contract (development agreement) is being changed.
. The drivers leaving the restaurant with drive-thru will be distracted by whatever product
they have purchased. This will be dangerous since there is a round-about and school in
proximity to the drive-thru.
. The proposed restaurant with drive-thru is not compatible with existing uses in proximity
to the site due to lights and additional traffic.
. At this time Fisher Park Way does not connect State Highway 44 to Flint Drive and cars
entering the site from Flint Drive will be cutting through the parking lot located north of
Arts West School. This will create a dangerous situation for students attending the school
and patrons of the businesses north of the school and south of Flint Drive.
. Fisher Park Way is not designed to address vehicle stacking at the signal at State Highway
44.
. The restaurant with drive-thru should be located closer to the western boundary of the
project (adjacent to the proposed Millpark Village Subdivision).
COUNCIL DECISION:
The Council voted 3 to 1 (Shoustarian against) to approve RZ-08-03 MOD for a modification to the
Conditions of Development and associated exhibits within the development agreement (Instrument
#105007541) associated with the site for Eagle Island Crossing for Eagle Island Crossing, LLC, with
underline text to be added by the Council to the previously approved development agreement:
2.7 In accordance with ECC Section 8-2-1, this development agreement is considered in-lieu of
the PUD (except as conditioned in 2.12 below). Except for the limitations and allowances
expressly set forth above and the other terms of this Agreement, the uses which are shown as
permitted (P) or conditional (C) uses under the Mixed Use zoning designation within Eagle
City Code Section 8-2-3 "Official Schedule of District Regulations" shall be considered
permitted uses on Lots 5 and 8, Block 2, except that the following uses shall be prohibited:
Page 8 of 11
K:\Planning Dept\Eagle Applications\RZ&A\2003\RZ-08-03 MOD ccf.doc
Mobile home (single unit primary residence)
Mobile home (single unit temporary living quarters)
Mobile home park
Animal shows or sales
Automotive washing facility
Bar
Cabinet shop
Cemetery
Circuses and carnivals
Christmas tree sales
Commercial entertainment facilities (indoors) - Note: see item 2.8 below
Commercial entertainment facilities (outdoors) - Note: see item 2.8 below
Drive-in theater
Electronic sales, service, or repair shop
Equipment rental and sales yard
Farmer's markets (outdoor)
Hardware store
Horticulture (general)
Hospital
Hotel
Industry
Kennel
Laboratories
Laundromat
Laundry {with drive up service)
Live entertainment events - Note: see item 2.8 below
Massage Spa
Mobile office
Mortuary
Motel
Parking lot, parking garage commercial
Personal wireless facilities (height-over 35 feet)
Research Activities
Retail sales (general)
Riding academies/stables
Roadside stand (temporary structure)
Sign shop, including painting
Small engine repair (mower, chainsaws, etc)
Storage (enclosed building)
Storage (fenced area)
Street fair
Trade fair
Travel services
Upholstery shop
Woodworking shop
The restaurant with drive-thru (limited to one of the following: coffee. yogurt/ice cream. or
deli sandwich shop). shown on the Eagle Island Crossing Site Plan (Exhibit "D") as
Building "L". which is a prohibited use within said section of Eagle City Code and on the
Page 9 of 11
K:\Planning Dept\Eagle Applications\RZ&A\2003\RZ-08-03 MOD ccf.doc
entire Property as noted above, shall be permitted with this development agreement. Fisher
Park Way shall be connected to Flint Drive from State Highway 44 prior to the issuance of a
building permit for the restaurant with drive-thru.
2.14 Any building with a proposed drive-thru shall be designed in such a way as to compliment
the overall character of the development. and design styles exceeding the standard utilitarian
look of a building: with a drive-thru shall be required. The applicant shall also shall provide a
minimum forty-eight inch (48") high berm, decorative block wall, cultured stone, decorative
rock, or similarly designed concrete wall, landscaping, or combination thereof within the
buffer area adiacent to the drive-thru lane to reduce the impact of the vehicles utilizing the
drive-thru lane (i.e. vehicle headlights and vehicle cueing).
2.15 The applicant shall work with the Ada County Highway District regarding the possibility
that additional sidewalks should be required in proximity to Arts West School.
2.16 The applicant shall work with the Arts West School administration to address any student
safety concerns in regard to the location of the restaurant with drive-thru (limited to one of
the following: coffee, yogurt/ice cream, or deli sandwich shop).
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 22, 2008.
2. Notice of Public Hearing on this 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 June 23, 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 June 30, 2008. The site was posted in accordance with the Eagle City Code on
September 9,2008, and September 12, 2008.
Due to the application having been remanded, a second Notice of Public Hearing on this 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 September 8, 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 September 5,2008. The site
was posted in accordance with the Eagle City Code on September 9,2008, and September 12,2008.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
08-03 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 MU-DA (Mixed Use with a development agreement) zoning designation is consistent
with the Mixed Use land use designation 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 indicated at the time of the original application and the additional
information provided by the Idaho Transportation Department and Ada County Highway
District indicate that adequate public facilities exist, or are expected to be provided, to serve
any and all uses allowed on this property under the proposed zone; and
c. The proposed MU-DA (Mixed Use with Development Agreement) is compatible with the R-l
zone (Residential-one dwelling unit per acre) and R-3-DA (Residential-three dwelling units
per acre with a development agreement) to the east since any commercial development of the
site will be required to be designed, pursuant to Eagle City Code and as conditioned in the
Page 10 of 11
K:\Planning Dept\Eagle Applications\RZ&A\2003\RZ-08-03 MOD ccf.doc
development agreement, with adequate buffers between any proposed commercial
developments and the existing or proposed residential uses; and
d. The MU-DA (Mixed Use with a development agreement) zone is compatible with the MU-DA
(Mixed Use with a development agreement) zone and A-R (Agricultural-Residential) zone and
land use to the west since a commercial/residential development (Millpark Village
Subdivision) use similar to this site is proposed adjacent to the southern portion of the western
boundary ofthe property and the area adjacent to the northern portion of the western boundary
may be developed with a residential use similar to what is currently being developed within
this site; and
e. The MU-DA (Mixed Use with a development agreement) zone is compatible with the R-3-DA
(Residential-three dwelling units per acre with a development agreement) zone and A-R
(Agricultural-Residential) zone land uses to the north since any commercial development of
the site will be required to be designed, pursuant to Eagle City Code and as conditioned in the
development agreement, with adequate buffers between any proposed commercial
developments and the existing or proposed residential uses adjacent to the property currently
zoned R-3-DA (Residential-three dwelling units per acre with a development agreement)
zoned area and the remaining area may be developed with a residential subdivision and those
developments will be required to provide a buffer area adjacent to Flint Drive; and
f. The proposed MU-DA (Mixed Use with Development Agreement) is compatible with State
Highway 44 and the MU-DA (Mixed Use with development agreement) and PS
(Public/Semipublic) zones to the south since this site will be designed to have shared access
among the uses, and will be limited to one (1) access point (in alignment with a future Eagle
Island State Park entrance) onto State Highway 44 to mitigate potential conflict due to
multiple access points in close proximity to one another. The development of the site is
conditioned through a development agreement which places limitations on the type of uses on
the property and requires architectural features that may be considered compatible with the
Camille Beckman facility on the south side of State Highway 44; and
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
DATED this 12th day of November 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Coun Idaho
,.........",
......'" ~ BAG/'....
~.... ..j 0.........1...1.:..... -t'.
, .c.~ .e --..
~ I:..:~ .. 0 R A".. '.
: a.. ~~ ."..0.0:.
: :0 ~.:
: : u .,,,,,, _: :
.. \.. ..... .
. ~ . ,~OIe ..""'\ .
. '?' . . ~ .... i".1 -
':. ,~..~..'lo.. .~
.", . ,f,.""'.fT~. ...
~ .ORPO"'...... "" $
....... \<) ....
"F O~ ",,,
~ j ."",
ATTEST:
Page 11 of 11
K:\Planning Dept\Eagle Applications\RZ&A\2003\RZ-08-03 MOD ccf.doc