Findings - CC - 2008 - RZ-10-08 - Rz From R4 To Cbd-Da/3.87 Acre
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 COTTONWOOD EAGLE ROAD, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-IO-08
The above-entitled rezone application came before the Eagle City Council for their action on November
21, 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:
Cottonwood Eagle Road, LLC, represented by Van Elg with The Land Group, Inc., is
requesting approval of a rezone from R -4 (Residential - up to four units per acre) to CBD-
DA (Central Business District with development agreement). The 3.87-acre site is located
on the west side of North Eagle Road approximately 375-feet north of State Highway 44
at 235,247,265, and 403 South Eagle Road.
B. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held at the office of The Land Group, Inc., at 6:00 PM, on
May 29, 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 August 21,2008.
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 September 15,2008. 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 12, 2008. The site was posted in accordance with the Eagle City Code
on September 14,2008. Requests for agencies' reviews were transmitted on September 3,
2008, in accordance with the requirements of the Eagle City Code.
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 November 3, 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 October 31, 2008. The site was posted in accordance with the Eagle City Code
on October 20, 2008.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 7, 2006, the Planning and Zoning Commission recommended approval of a
rezone from R-4 (Residential Four - up to four units per acre) to CBD-DA (Central
Business District with a development agreement) for Ideal Group, LLC. The application
was withdrawn prior to the City Council conducting a public hearing. (RZ-15-06)
E. COMPANION APPLICATIONS:
DR-58-08 - Common area landscaping within Three Oaks Plaza including a Walgreens
Store.
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 Four separate parcels
units per acre maximum) consisting of single family
dwellings
Proposed No Change CBD-DA (Central Business Commercial (Three (3)
District with a development retail businesses and two (2)
agreement) restaurants)
North of site Central Business District CBD-DA (Central Business Proposed retail (Spoons-
District with a development retail cooking supply store)
agreement)
South of site Central Business District CBD (Central Business Retail and medical clinic
District)
East of site Central Business District CBD (Central Business Eagle Pavilion (Albertsons
District) and Albertsons Fuel Center)
West of site Residential Four R-4 (Residential up to four Residential (Kestral Cove
units per acre maximum) Subdivision)
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: 3.87 +/- acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter date stamped by the City on August 21, 2008.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See attached justification letter date stamped by the City on August 21, 2008.
K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary approval letter from the Central District Health Department has been
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received. A letter from the water utility that provides service to the site and Eagle Sewer
District will be required prior to the issuance of any building permits on the site.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - 500-year floodplain
Mature Trees - yes - see Tree Valuation Sheet date stamped by the City on August 21, 2008
Riparian Vegetation - yes - adjacent to Eagle Drain (Drainage District No.2)
Steep Slopes - yes - adjacent to Eagle Drain (Drainage District No.2)
Stream/Creek - yes - Spoil Banks Canal
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
N. NON-CONFORMING USES:
Since the applicant is proposing to remove the existing residential dwellings there will be
no non-conforming uses on the site. Any new structures to be constructed on the site will
be required to comply with the setbacks pursuant to Eagle City Code.
O. 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:
City Engineer: All comments within the engineer's letter dated September 30, 2008, are of special
concern and incorporated herein by reference.
Central District Health - No objections
Chevron Pipeline - No conflicts
Department of Environmental Quality - Recommending verification of adequate sewer and water
to serve the project. Requesting that all projects consider the state and federal rules and
regulations for air, water, waste and the overall environment.
Eagle Fire Department - Requesting that building plans shall be submitted to the Eagle Fire
Department for review and approval prior to any building permits being issued.
Eagle Sewer District (via em ail) - The District will need to review and approve plans for the
extension of the sewer system to any improvements on the property.
Eagle Water Company (via em ail) - No comment concerning the rezone.
Idaho Transportation Department - No comment
Ringert Law (Drainage District No.2) - Indicating the size of the easement located on the
property containing the drain ditch and requiring that the district shall review all drainage plans
and construction plans prior to approval.
P. CITY FORESTER:
Tree valuation from Julie Lafferty, City Forester, dated January 18,2007, attached to the
staff report.
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Q. 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.
State StreetlEagle Road Corridor:
The State StreetlEagle 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.
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· Eagle City Code 8-2-4 Schedule of Building Height and Lot Area Regulations:
ICBD
Minimum Lot Area
(Acres Or Sq. Ft.)
11500-square feet
· Eagle City Code, Section 8-2A-5 Design Review Overlay Districts:
(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
propenes.
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.
3. Community Entry Development 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 Design Requirements, Objectives
(D) Transitional Development Area (IDA):
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.
2. Architectural Character:
d. Orientation: Shall be designed so that at least seventy percent (70%) of the
building's ground level, street facing facades are constructed to abut and be
oriented to a public sidewalk or plaza.
3. Setbacks And Lot Coverage: To the extent the setback and lot coverage
requirements set forth below conflict with section 8-2-4 of this chapter, the
setback requirements below shall control:
a. Front building setbacks from the property line shall be a minimum of ten feet
(10') to a maximum of twenty five feet (25').
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.
(E) Community Entry (CEDA):
1. Purpose: To provide a sense of entry into the city and transition development into
the central business district in support of the comprehensive plan.
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2. Architectural Character:
b. Orientation: Shall be designed so that at least seventy percent (70%) of the
building's ground level, street facing facades are constructed to abut and be
oriented to a public sidewalk or plaza.
3. Setbacks And Lot Coverage: To the extent the setback and lot coverage
requirements set forth below conflict with section 8-2-4 of this chapter, the
setback requirements below shall control.
a. Front building setbacks from the property line shall be twenty feet (20')
minimum.
b. Side building setbacks shall be ten feet (10') minimum.
· 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 8-3-3 (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:
· The site is located on the west side of North Eagle Road approximately 375-feet north of State
Highway 44 consisting of four (4) contiguous separate properties. The Comprehensive Plan
Land Use Map designates the site as Central Business District and is also located within the
Scenic Corridor overlay. The site is also located within the Transitional Development Area
(TDA) and Community Entry Development Area (CEDA) Design Review Overlay Districts.
Eagle City Code states that when a parcel exists within two design review 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. Staff has worked with the applicant to address the concerns of the
aforementioned overlay districts and the submitted Concept Plan is a culmination of several
meetings to meet the requirements of the overlay districts and preserve the largest and most
valuable trees on the site.
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· The applicant provided a landscape plan/concept plan date stamped by the City on August 21,
2008, showing the footprints of two (2) buildings on the site. The concept plan shows a retail
building footprint with a drive-thru lane labeled Pad 1 located in the northern portion of the
site. The concept plan indicates the retail building located at Pad 1 is 14,622 square feet in
size. The building footprint shown at the southwest corner of the site is shown to contain two
(2) restaurant sites and two (2) shop sites. The concept plan shows the building to be 12,000
square feet in size. The building shown on the concept plan as Retail should not exceed
14,900 square feet in size and the building shown as Restaurant/Shops should not exceed
12,000 square feet in size.
· The applicant has submitted a design review application to the City for this site, which
includes a retail drugstore with drive-thru service. Pursuant to Eagle City Code a drugstore
with drive-thru service is not specifically defined in the Schedule of District Use Regulations.
The applicant and staff are requesting the utilization of a development agreement to ensure the
development of the property is consistent with the Comprehensive plan and vision of the City
of Eagle. 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. The drugstore with drive-thru lane is shown on the concept plan date stamped
by the City on August 21, 2008, located in proximity to the northeast corner of the site. Staff
recommends that a drugstore with drive-thru service should be a permitted use on this site and
the drugstore drive-thru lane be located on the west side of the building with the lane of travel
facing south thus allowing landscaped parking islands and to shield lights and noise from
vehicles utilizing the drive-thru service facility.
· The current access points to this site are 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 three of the access points should be removed and an
access point be constructed in alignment with Plaza Drive to the east.
Also, with the required elimination of adjacent properties access to North Eagle Road as
reviewed and approved by ACHD and the City, it is the city's desire that a shared access to
these properties be provided through a cross access point located at the northwestern corner of
the property (as shown on the Landscape Plan date stamped by the City on August 21, 2008)
via a cross access agreement. The three (3) properties north of this site are either developed or
are in the process of being developed and already have signed cross access agreements, which
are in effect. As stated in the applicant's justification letter date stamped by the City on August
21,2008, the applicant is proposing to create a separate parcel (through a lot line adjustment) that
will provide access to this site and cross access to the properties north of this site and west of
Eagle Road. Through the creation of a separate parcel the applicant and the adjacent property
owners can enter into an agreement for the perpetual maintenance ofthe shared access point. The
remaining access points serving the individual parcels within this site should be eliminated.
· The City Forester provided a map of the existing trees on-site as well as a tree valuation of those
trees. There are numerous conifers and deciduous trees which includes numerous large English
Oaks. The applicant is proposing to preserve three (3) ofthe largest English Oaks in proximity to
Pad 1 as shown on the Concept Plan date stamped by the City on August 21,2008, hence the
name Three Oaks Plaza. Because of the unique nature of this development the applicant should
work with the City Forester regarding the removal and replacement of the existing trees at the
replacement size as required per Eagle City Code or provide compensation to the City Tree
Fund at a valuation rate to be determined by the City Forester and approved by the City
Council prior to the issuance of a zoning certificate for construction of commercial buildings
on the site.
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· The applicant is proposing to create two (2) buildable parcels, one (1) community events
gathering space parcel, and one (1) ingress/egress access parcel as previously mentioned by
adjusting the parcel lines of the existing parcels. The applicant should submit a Lot Line
Adjustment application and record of survey showing the formation of two (2) buildable
parcels, one (1) community events gathering space parcel, and one (1) ingress/egress access
parcel, to be reviewed and approved by the Zoning Administrator and City Engineer, and
subsequently recorded prior to the issuance of a zoning certificate for the construction of
commercial buildings on the site.
· The Landscape Plan date stamped by the City on August 21, 2008, shows a 3' - 4' single-faced
illuminated pole sign located on the south side of the north entrance in proximity to the
parking area. Pursuant to Eagle City Code pole signs are prohibited. All signage should
comply with Eagle City Code 8-2A-8. The applicant should submit a Design Review Sign
Application for all signage within Three Oaks Plaza to be reviewed and approved by the
Design Review Board prior to the issuance of a zoning certificate.
· 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 equal to or less than 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, 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) 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 developed into a subdivision and is buffered from the
proposed development by a large drainage ditch, landscaping and a fence;
d. The proposed CBD-DA (Central Business District with a development agreement) 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;
e. The proposed CBD-DA (Central Business District with a development agreement) zone is
compatible with the CBD-DA (Central Business District with a development agreement)
zone and land use to the north since that area is proposed to be developed with a
commercial use that will complement the proposed use;
f. The proposed CBD-DA (Central Business District with a development agreement) zone is
compatible with the CBD (Central Business District) zone and land use to the south since
that area has already been rezoned to CBD (Central Business District) and already
includes commercial uses;
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, if all conditions
required within the development agreement are complied with.
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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 four dwelling units per acre) to CBD-DA (Central Business
District with development agreement), with the conditions to be placed 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 October
6, 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 four
(4) individuals who indicated the proposed access in alignment with E. Plaza Drive will help with
traffic concerns, the cross access to be provided by the applicant to the adjacent properties will reduce
the number of ingress/egress access points on Eagle Road, the proposed uses in the development will
be an amenity to the downtown residents, joint parking will be provided to the adjacent business south
of this project, and the new access will allow vehicles to enter and exit the immediate vicinity west of
Eagle Road easier since it will provide a new access point that will not be affected by vehicle stacking
from the adjacent intersections of Eagle Road and State Highway 44 and Eagle Road and State Street.
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 1 (Roehling against) to recommend approval ofRZ-1O-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 Cottonwood Eagle Road, LLC,
with conditions to be placed in a development agreement as shown within their Findings of Fact
and Conclusions of Law document, dated October 20,2008.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 18, 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.
D. Oral testimony neither in opposition nor in favor to this proposal was presented by two (2)
individuals. One (1) individual is indicated that ingress/egress from the site may be difficult with
due to traffic stacking on Eagle Road. The second individual lives adjacent to the site and
requested clarification of the proposed buffer to be constructed adjacent to Kestral Cove
Subdivision.
COUNCIL DECISION:
The Council voted 3 to 0 (Shoushtarian absent) to approve RZ-l 0-08 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 Cottonwood Eagle Road, LLC, with
the following Planning and Zoning Commission recommended conditions to be placed within a
development agreement with underline text to be added by the Council:
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3.1 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.
3.2 The commercial buildings shall be constructed utilizing "Prairie School" style
architecture (Exhibit "C") and shall be required to meet the design review
requirements as set forth in Eagle City Code and the Eagle Architecture and Site
Design book. Eagle Design Review Board and Eagle City Council approval of the
detailed architectural plans for the development is required prior to the issuance of
building permits for commercial/retail buildings.
3.3 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.
3.4 The applicant shall remove all residences 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.
3.5 The applicant shall submit a Lot Line Adjustment application and record of
survey showing the formation of two (2) buildable parcels, one (1) community
events gathering space parcel, and one (1) ingress/egress access parcel, to be
reviewed and approved by the Zoning Administrator and City Engineer, and
subsequently recorded prior to the issuance of a zoning certificate.
3.6 The development is to incorporate public art, water features, or other features of
interest and pedestrian amenities, which encourage pedestrian use (Le.: outdoor
drinking fountains, benches, tables, etc.).
3.7 The applicant shall submit a design review application showing at a minimum: 1)
proposed development signage, 2) planting details within the proposed
community events gathering space, 3) footprints of proposed buildings to make a
determination regarding, 4) landscape screening details within the twenty foot
(20') wide buffer area adjacent to the western boundary line showing the
landscaping to comply with the buffer requirements for a commercial use adjacent
to a residential use. The design review application shall be reviewed and approved
by the Eagle Design Review Board and Eagle City Council prior to the issuance
of a zoning certificate.
3.8 The building shown on the concept plan as Retail shall not exceed 14,900 square
feet in size and the building shown as Restaurant/Shops shall not exceed 13,840
square feet in size.
3.9 A drugstore with drive-thru service shall be a permitted use on this site and the
drugstore drive-thru lane shall be located on the west side of the building with the
lane of travel facing south thus allowing for the landscaped internal parking
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islands, and building located off-site to the south to shield lights and noise from
vehicles utilizing the drive-thru service facility.
3.1 0 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 tile Eagle
Water Company 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.
3.11 Prior to issuance of any building permits, applicant shall provide proof of central
sewer service (Eagle Sewer District) to the proposed commercial uses.
3.12 Existing access points to the property from Eagle Road are temporary and shall be
removed at such time that access on the northern portion of the site 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 all existing access points upon completion of the access located
on the northern portion of the property. 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 the property.
3.13 Because of the unique nature of this development the applicant should work with
the City Forester regarding the removal and replacement of the existing trees at
the replacement size as required per Eagle City Code or provide compensation to
the City Tree Fund at a valuation rate to be determined by the City Forester and
approved by the City Council prior to the issuance of a zoning certificate for
construction of commercial buildings on the site.
3.14 The applicant shall abandon and remove all existing wells and septic systems
prior to the issuance of zoning certificates for construction of new buildings on
site. Central District Health Department approval is required for the abandonment
of existing wells and septic systems.
3.15 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.
3.16 Applicant shall comply with all requirements of the Ada County Highway District
(ACHD) as applicable including but not limited to location of ingress/egress
access point(s), and pedestrian facilities in proximity to E. Plaza Drive.
3.17 The applicant shall show that adequate parking is provided based on the size and
uses proposed for the buildings to be constructed on the site. If adequate onsite
parking does not exist the applicant shall work with the adjacent property owners
to establish ajoint/collective parking facility pursuant to Eagle City Code.
3.18 A letter of approval shall be provided to the City from Drainage District No.2
approving any encroachments of the District's facilities. The applicant shall also
provide a copy of any License Agreement associated with the site prior to the
issuance of building permits.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at the office of The Land Group, Inc., at 6:00 PM, on May 29,
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 August 21,2008.
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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 September 15, 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 12, 2008. The site was posted in
accordance with the Eagle City Code on September 14, 2008. Requests for agencies' reviews were
transmitted on September 3,2008, in accordance with the requirements of the Eagle City Code.
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 November 3,2008. 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 October 31,2008. The site was posted in accordance
with the Eagle City Code on October 20, 2008.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-I0-08) 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 equal to or less than 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, 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) 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 developed into a subdivision and is buffered from the
proposed development by a large drainage ditch, landscaping and a fence;
d. The proposed CBD-DA (Central Business District with a development agreement) 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;
e. The proposed CBD-DA (Central Business District with a development agreement) zone is
compatible with the CBD-DA (Central Business District with a development agreement)
zone and land use to the north since that area is proposed to be developed with a
commercial use that will complement the proposed use;
f. The proposed CBD-DA (Central Business District with a development agreement) zone is
compatible with the CBD (Central Business District) zone and land use to the south since
that area has already been rezoned to CBD (Central Business District) and already
includes commercial uses;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. The proposed development is located within the Community Entry Development Area
(CEDA) and Transitional Deyelopment Area (TDA) overlay districts. Properties located
within more than one development area are to conform to the development area with the
more restrictive requirements, in this situation it is the Transitional Development Area
(TDA) overlay district. However, the development of a parcel located within more than
one overlay district may be permitted to use criteria from each respective district provided
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the Design Review Board determines that the more restrictive criteria is not compromised
and that the development is in harmony with the adjacent properties.
In this situation, the placement of the building on the site complies more with the
requirements of the CEDA than the TDA. The Council approved the location of the
building as shown the site plan date stamped by the City on 10/06/08, based on several
factors: the preservation of the healthy oak trees, enhanced vehicular circulation,
pedestrian amenities, and the addition of cross access to the adjacent parcels north and
south of the proposed development. The site contains several large English Oak trees and
numerous conifers. Due to the City requiring cross access to be provided to the adjacent
parcels north and south of the development to eliminate the need for several ingress/egress
access points to S. Eagle Road, several conifers and a few deciduous trees will be
removed, however, the development is designed to preserve the most healthy and pristine
existing English Oaks. The design provides for cross access to the adjacent parcels and is
designed to be harmony with the properties to the north (located within the Transitional
Development Area (TDA) overlay district) and to the south (located within the
Community Entry Development Area (CEDA) overlay district). Combined with that the
benefits of cross access, the preservation of identified trees, and the cohesive transition
between properties, it is recognized that the implementation of the CEDA requirements
over the more restrictive criteria of the Transitional Development Area (TDA) is
appropriate for this site. The elimination of traffic conflict points and provision for
heightened pedestrian circulation combined with plaza areas, allow retailers to provide a
unique shopping experience and a friendlier environment for visitors which are key to
meeting objectives promoted for the Central Business District. No non-conforming uses
are expected to be created with this rezone, if all conditions required within the
development agreement are complied with.
DATED this 16th day of December 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
Ad Idaho
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ATTEST:
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Sharon K. Bergmann, Eagle City Clrk
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