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Findings - PZ - 2009 - RZ-05-09 - Rz From R4 To Cbd-Da/.47 Acre/16/144 E. Idaho St./.31 Acre BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A REZONE FROM R-4 (RESIDENTIAL) ) TO CBD-DA (CENTRAL BUSINESS DISTRICT ) WITH A DEVELOPMENT AGREEMENT) ) FOR M AND H DEVELOPMENT ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-05-09 The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their recommendation on August 3, 2009, at which time public testimony was taken, the public hearing was closed and the item was continued to September 14, 2009. The item was continued to October 5, 2009, and again November 2, 2009, at which time the Commission made their decision. The Eagle Planning and Zoning Commission, 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: M and H Development, represented by Greg Hall, 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 0.47-acre site is located on the east side of North Eagle Road approximately 175-feet north of Idaho Street at 220 North Eagle Road. The application also includes the properties located at 16 and 144 East Idaho Street, a .31-acre parcel and a . 14-acre property respectively, located on the northeast corner the intersection of North Eagle Road and East Idaho Street, as a part of the development agreement. B. APPLICA TION SUB MITT AL: A Neighborhood Meeting was held at 6:00 PM, April 29, 2009, at 101 Eagle Glen Lane, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on April 30, 2009. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on June 15, 2009, for the scheduled meeting of July 6, 2009, and again on July 18, 2009, for the August 3, 2009, hearing. 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 16, 2009, for the scheduled meeting of July 6, 2009, and again on July 15, 2009, for the August 3, 2009, hearing. The site was posted in accordance with the Eagle City Code for the August 3, 2009, meeting on July 24, 2009. Requests for agencies' reviews were transmitted on May 6, 2009, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: In 2004, during the Soaring 2025 Western Area Plan Process, the Planning and Zoning Page 1 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\RZ-05-09 M and H Development pzf.doc Commission recommended an amendment to the Comprehensive Plan to change the land use designation on the east side of Eagle Road (between Idaho Street and Mission Drive) from Residential Four to Central Business District to be consistent with the designation on the west side of Eagle Road. Subsequently, the City Council determined that the designation of this area as Central Business District should be considered upon the individual property owners petitioning the City to amend the Comprehensive Plan rather than as a City initiated amendment. On September 9, 2008, the Eagle City Council approved a Comprehensive Plan Amendment to change the land use designation on the Comprehensive Plan Land Use Map for eleven parcels, from Residential Four (up to four units per acre) to Central Business District, for properties located on North 1 st Street and North Eagle Road, north of Idaho Street, south of Mission Street, and east of North Eagle Road. E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Central Business District 16 E. Idaho Street - CBD Single-family dwellings (Central Business District) 220 N. Eagle Road - R-4 (Residential - up to four dwelling units per acre) Proposed No Change CBD-DA (Central Business Restaurant and Office District with a development agreement) North of site Central Business District R-4 (Residential - up to four Single-family dwelling dwelling units per acre) South of site Central Business District Qwest Switching Station CBD (Central Business District) East of site Central Business District CBD (Central Business Single-family dwelling and District) & R-4 (Residential Artist studio - up to four dwelling units per acre) West of site Central Business District CBD (Central Business Eagle Road and Retail District with development Shop and Single-family agreement) dwelling G. DESIGN REVIEW OVERLAY DISTRICT: The properties are located within the TDA (Transitional Development Area) overlay district. H. TOTAL ACREAGE OF SITE: .78-acres I. PARKING ANALYSIS: RESTAURANT BUILDING (3.l30-square feet): Page 2 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\RZ-05_09 M and H Development pzf.doc 3, 13 O-square feet · ECC Section 8-4-5 requires 1 parking space per ISO-square feet of gross floor area for "Restaurant" uses: 3,130 -;- 150 = 21-parking spaces OFFICE BUILDING (l,350-square feet): · ECC Section 8-4-5 requires 1 parking space per 250-square feet of gross floor area for "Office" uses: 1350 -;- 250 = 6-parking spaces. COMBINED TOTAL FOR THE BUILDINGS Total Required: 27-parking spaces Total Provided: 41 - parking spaces J. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See attached justification letter date stamped by the City on April 30, 2009. K. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: The applicant has not supplied a justification letter for a development agreement nor proposed any conditions to be placed within an agreement. L. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The site is within the service boundaries of Eagle Water Company, Eagle Sewer District, Eagle Fire District, Intermountain Gas Company, and Meridian School District. Site approval letters from the service providers will be required prior to the issuance of any building permits for this site. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. N. NON-CONFORMING USES: Relative to setbacks, an accessory structure at 220 Eagle Road is located 16-feet from the rear property line; Eagle City Code 8-2-4 requires buildings to be set back from the rear property line a minimum of 25-feet in the R-4 zoning district. This deficiency constitutes a non-conforming use of the property which would be remedied upon the rezoning of the property to CBD and/or the removal of the building upon any development of the site. O. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments which appear to be of special concern are noted below: Ada County Highway District - Letter from ACHD indicates that the applicant will be required to provide roadway improvements along Eagle Road and Idaho Street. Central District Health - Letter from CDH states no objections to the proposal (rezoning of the properties). Chevron Pipeline - Response indicates no coriflict exists. Department of Environmental Quality - Letter from DEQ states that verification is recommended to ensure adequate water and sewer are available. Page 3 of 15 K;\Planning Dept\Eagle Applications\RZ&A\2009\RZ_05_09 M and H Development pzf.doc Eagle Fire Department - Letter states EFD has no opposition to the rezone and that development plans are required to be submitted prior to any building permits issued. Idaho Transportation Department - E-mail states ITD has no comment on the rezone. P. LETTERS FROM THE PUBLIC: None received to date STAFF ANALYSIS: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · The subject property is currently zoned R-4 (Residential) with a Comprehensive Plan Land Use Map designation of Central Business District. Chapter 1 - Overview 1.3 The City of Eagle Vision Statement In 1999, City of Eagle citizens envision their future town as a well-planned community that encourages diversified living and housing opportunities, economic vitality that offers jobs for residents, and places for people to recreate and enjoy Eagle's natural beauty. a. economically strong with a distinct downtown economic center; f. an economically strong city that fosters local businesses and clean industry. Chapter 5 - Economic Development 5.1 Background The economic development component of the Comprehensive Plan discusses the economics and employment in Eagle. The city encourages appropriate economic development while retaining those attributes that give Eagle its special living and working environment. 5.5 Economic Development Implementation Strategies c. Encourage a diversity of uses in the Central Business District. g. Encourage commercial growth adjacent to the Central Business District and discourage isolated commercial development in outlying areas. 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 Page 4 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\RZ_05_09 M and H Development pzf.doc 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. 6.7 Implementation Strategies b. Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, police, fire, recreational areas, highways and transportation systems. n. Promote commercial service and retail development within the Central Business District that contributes to a pedestrian friendly environment. 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 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. 12.4 Implementation Strategies x. Ensure that all commercial uses are designed to be compatible with, and context sensitive to, residential uses and environmentally sensitive areas. z. Ensure that commercial development is scaled appropriately to the intended regional, community and neighborhood use. aa. Limit non-residential uses to designated areas and make scaling and intensity of use paramount criteria during the review and approval process. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING Page 5 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\RZ_05_09 M and H Development pzf.doc THIS PROPOSAL: On October 21,2008, the Eagle City Council adopted Resolution 08-30 to extend the Transitional Development Area (TDA) overlay guidelines to properties located on Eagle Road and 1 st Street, extending from Idaho Street north to approximately one- block north of Mission Street. · Eagle City Code, Section 8-2A-5(C)(2) Transitional Development Area- TDA: The purpose of the TDA is to provide areas for public parking and service to the DDA and serve as an area for future expansion of the DDA as market demands grow. · Eagle City Code, Section 8-2A-6(D)(l) 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 8-3-3 (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 applicant is requesting the rezone of one of three parcels proposed for development from R-4 (Residential- up to four dwelling units per acre) to CBD-DA (Central Business District) to utilize existing buildings for restaurant and office purposes. The other two parcels currently have a CBD zoning designation and will be subject to a development agreement, if such is approved. · It has been recognized that Eagle Road has evolved from a rural roadway to a main entrance into the Central Business District. The properties along Eagle Road are now considered suitable to support uses such as multi-family, office, and retail uses rather than traditional single-family dwellings (a parcel with a front yard adjacent to a minor arterial is not the most suitable location to support a single-family home). Properties on either side of Eagle Road in Page 6 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\RZ_05_09 M and H Development pzf.doc this subject area are changing from single-family residential uses to a mix of commercial and public uses such as a retail specialty shop and the Eagle Elementary parking lot. Furthermore, changes in use have been seen along Eagle Road north of Mission Street and south of Floating Feather Road, such as Sisters Villa Senior Housing, Paramount Parks Assisted Living, Spring Creek Assisted Living, and Lighthouse Dental. Properties on either side of Eagle Road are currently a "patchwork" of Comprehensive Plan land use and zoning designations, creating planning enclaves of residential and commercial land uses. As was previously recognized in the Comprehensive Plan, both ideally and logically, the subject property may well be more suited for transformation to a commercial use that is conducive to providing a pedestrian friendly, vibrant, and sustainable downtown. · Eagle City Code Section 8-10-1 states that a Development Agreement is a discretionary tool used to 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. This rezone application and the use of a development agreement provides the opportunity to require specific improvements that will aid in the planning of this area, especially in formulating a cohesive traffic circulation pattern for the properties along Eagle Road (as well as on 1 sl Street) to establish where, why, and how this parcel will function with other properties relative to traffic. · As a part of this change to the planning of the area, staff has recognized and promoted the effort to limit access on Eagle Road to a minimum number of driveways to eliminate conflicts with both vehicles and pedestrians as Eagle Road becomes busier and the Downtown becomes more "walkable". Cross-access among the properties via a service drive or "alley-like" aisle along the rear of the properties on Eagle Road and 1 sl Street would provide connectivity to balance the reduction in driveway locations. For example, on February 24, 2009, the City Council approved a design review application (DR-83-08) for the property on 237 N. 1 sl Street which required the owner to enter into an easement agreement for a future alley to be located along the entire length of the western 12-feet of the property. City staff recommends that, upon redevelopment of this site, a drive aisle be constructed by the applicant consisting of one-half of a 24-foot alley section along the eastern portion of the property identified as 220 Eagle Road. The properties identified as 16 and 144 Idaho Street may utilize the parking lot drive aisle (as shown in the conceptual plan) as the extension of this alley provided that there is continuous and adequate connection between Idaho Street and the northern property line of 220 Eagle Road. As a side note, a portion of an unopened right-of- way for an alley running east-west through the site is being considered to be vacated through a separate application process. Preliminarily, staff has no concerns with this vacation procedure; however, staff believes that the remainder of the alley right-of-way that travels east of the subject site should remain intact for future connectivity should the adjacent parcels redevelop. As such, the applicant should design the site to provide future access from the eastern boundary of this site to the alleyway. · ACHD staff has provided a report that states that the conditions listed therein are premised on the policies that may be administered by the District upon development of the subject properties. Typically, ACHD does not condition rezones, rather they act when a specific plan (i.e. upon proposed development) is introduced in which to base their requirements. The suggested requirements address, in part, the location of the proposed driveways on Eagle Page 7 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\RZ-05_09 M and H Development pzf.doc Road. After City staff discussed the intended planning for this area, ACHD staff presented an "option" in their staffreport supporting, in effect, the City's efforts to minimize the number of access points on Eagle Road. The applicant has proposed to construct a right-in/right-out driveway on Eagle Road to be located slightly north of the southern boundary line of the property at 220 Eagle Road, which meets ACHD policy relative to driveway location, as well as to close a driveway on Eagle Road on the 16 Idaho Street property. This portion of the proposal does apply the intent expressed by the City by eliminating and combining driveway locations. In addition to the right-in/right-out access, the applicant proposes to utilize an existing drive located adjacent to the northern property line to act as a service drive for the site. Since this part of the proposal is not in line with the desire to eliminate multiple accesses and reduce conflict, staff has two recommendations for consideration: Construct a right-in/right-out driveway on Eagle Road located approximately lO-feet north of the south property line at 220 Eagle Road with a concrete pork chop island. Close the existing 26-foot wide driveway on Eagle Road at 16 Idaho Street located just south of the property line and design and construct curb, gutter, and sidewalk to match the existing improvements on either side pursuant to Eagle City Code. Close the existing 22-foot wide driveway located at the north property line of 220 Eagle Road and design and construct curb, gutter, and sidewalk to match the existing improvements on either side pursuant to Eagle City Code. OR Utilize the existing 22-foot wide driveway located at the north property line of 220 Eagle Road as a full access driveway, modified and constructed pursuant to ACHD standards. Provide a cross access agreement with the property to the north to allow for access upon future development of that site. Do not construct the proposed right- in/right-out driveway and close the existing 26-foot wide driveway on Eagle Road at 16 Idaho Street located just south of the property line. It should be emphasized that either option, separately, would meet district policy. Staff will defer to the Commission and Council to determine the appropriate scenario. 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 following conditions to be placed within a development agreement: 2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") 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 Page 8 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\RZ-05-09 M and H Development pzf.doc 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 perform one of the following: Construct a right-in/right-out driveway on Eagle Road located approximately 10- feet north of the south property line at 220 Eagle Road with a concrete pork chop island. Close the existing 26- foot wide driveway on Eagle Road at 16 Idaho Street located just south of the property line and design and construct curb, gutter, and sidewalk to match the existing improvements on either side pursuant to Eagle City Code. Close the existing 22-foot wide driveway located at the north property line of 220 Eagle Road and design and construct curb, gutter, and sidewalk to match the existing improvements on either side pursuant to Eagle City Code. All improvements shall be completed prior to the issuance of a certificate of occupancy. OR Utilize the existing 22-foot wide driveway located at the north property line of 220 Eagle Road as a full access driveway, modified and constructed pursuant to ACHD standards. Provide a cross access agreement with the property to the north to allow for access upon future development of that site. Do not construct the proposed right-in/right-out driveway and close the existing 26-foot wide driveway on Eagle Road at 16 Idaho Street located just south of the property line. All improvements shall be completed prior to the issuance of a certificate of occupancy. The cross access easement agreement shall be reviewed and approved by the City Attorney and shall be executed and recorded prior to the issuance of any certificate of occupancy for this property. 2.4 The applicant shall be required to enter into an easement agreement for a future alleyway to be located along the entire length of the western 12-feet of this property. The agreement shall include a provision for land to be dedicated as a public right- of-way if a future jurisdictional authority requires the land to be dedicated as public right-of-way and not an easement. The purpose of the easement/right-of-way is for a planned 24-foot wide public alleyway extending from approximately Mission Drive to the existing east/west public alley right-of-way located on the eastern boundary of 220 Eagle Road and extending further, via the proposed parking area as shown on the concept plan attached as Exhibit B, to Idaho Street. The easement shall provide cross access to all abutting parcels to the north and east as well as the parcels that are the subject of this application to utilize the alleyway. The easement agreement shall be reviewed and approved by the City Attorney and shall be executed and recorded prior to the issuance of any certificate of occupancy for this property. 2.5 Upon redevelopment of the site, the applicant shall construct a drive aisle (alleyway) consisting of one-half of a 24-foot alley section along the eastern portion of the property identified as 220 Eagle Road. The properties identified as 16 and 144 Page 9 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\RZ-05-09 M and H Development pzf.doc Idaho Street may utilize the parking lot drive aisle, as shown in the conceptual plan identified as Exhibit B, as the extension of this alley provided that there is continuous and adequate connection between Idaho Street and the northern property line of 220 Eagle Road. The drive aisle shall be designed to provide future access from the eastern boundary of this site to the unopened alley right-of-way that travels east from the subject site as well as to accommodate access from adjoining parcels as they redevelop. The drive aisle shall be constructed prior to the issuance of any Certificate of Occupancy. 2.6 The applicant shall comply with all conditions of the Ada County Highway District relative to construction and right-of-way improvements on both Eagle Road and Idaho Street. This includes but is not limited to constructing Idaho Street as one half of a 40-foot commercial street section with curb, gutter, sidewalk abutting the site and constructing one 24-foot wide driveway onto Idaho Street located 100-feet east of the intersection of Idaho Street and Eagle Road. Construct the sidewalk improvements along Idaho Street to match that which is specified within the EASD book, as well as planting the street trees within tree wells with the standard City of Eagle tree grates. All improvements shall be completed prior to the issuance of a certificate of occupancy for this property. 2.7 Prior to the issuance of any building permits for the site, the Applicant shall remove any existing residences and/or accessory (secondary) structures from the site that are not approved with a Design Review application. Demolition permits shall be obtained prior to the removal of said buildings. 2.8 Upon submittal of a Design Review application for the site, shared parking and cross access designs and agreements between the three subject parcels shall be required. The cross access agreements shall be reviewed and approved by the City Attorney and shall be executed and recorded prior to issuance of any certificate of occupancy for the property. 2.9 The owner shall submit a Design Review application for any site and building improvements (as required by the Eagle City Code), and shall comply with all conditions required by the City of Eagle as a part of the Design Review prior to issuance of a zoning certificate. 2.10 Until such time as the City may determine otherwise, the properties shall be developed in accordance with the Transitional Development Area (TDA) regulations as referenced in Eagle City Code 8-2A-5(C)2. 2.11 Future uses 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. 2.12 Any building constructed on the site shall be connected to central sewer (Eagle Sewer District) prior to the issuance of a Certificate of Occupancy. 2.13 Upon connection to central water and sewer, any existing wells or septic systems Page 10 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\RZ-05-09 M and H Development pzf.doc shall be abandoned. Central District Health Department approval is required for the abandonment of existing wells and septic systems. 2.14 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. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on August 3, 2009, at which time testimony was taken, the public hearing was closed and the item was continued to September 14,2009, and again to October 5,2009. The item was then continued to November 2, 2009, where the Commission received specific testimony and 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 two individuals who, while not fully opposed to the development of the site, were concerned about the potential noise from delivery trucks and the glare of lights from commercial structures. The individuals stated that they would prefer a barrier of some type to mitigate noise, light pollution, and to deter people from trespassing onto their property to preserve privacy. The individuals also stated they are in favor of a right-in/right-out access for the subject property (as proposed), but would not like access as proposed along the northern boundary of the subject site. With regard to a drive-aisle located along the eastern boundary of the Carpenter property (north of the subject site), if access were ensured (and thus prevent the Carpenter property from being landlocked) then a drive-aisle would be supported, but only if it does not apply to the Carpenter property until the property was developed. COMMISSION DECISION: The Commission voted 3 to 1 (Villegas against, Tanner absent) to recommend approval of RZ-05- 09 for a rezone from R-4 (Residential) to CBD-DA (Central Business District with a development agreement) for M and H Development with the following staff recommended conditions to be placed within a development agreement, with strikethrough text to be deleted by the Commission: 2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") 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 perform ORe Ofth0 follo',vin.g: Page 11 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\RZ-05-09 M and H Development pzf.doc Construct a right-in/right-out driveway on Eagle Road located approximately 10-feet north of the south property line at 220 Eagle Road with a concrete pork chop island. Close the existing 26-foot wide driveway on Eagle Road at 16 Idaho Street located just south of the property line and design and construct curb, gutter, and sidewalk to match the existing improvements on either side pursuant to Eagle City Code. Close the existing 22-foot wide driveway located at the north property line of 220 Eagle Road and design and construct curb, gutter, and sidewalk to match the existing improvements on either side pursuant to Eagle City Code. All improvements shall be completed prior to the issuance of a certificate of occupancy. GR Utilize the existiRg 22 f-oot '",ide drive'Nay loeatea at the Rorth property liRe of 220 Eagle Road as a full aecess dri'/e'.vay, modified llAd cORstmeted purSl:lllAt to l\CHD stllAdards. Provide a eross access agreement 'l/ith the property to the Rorth to allO'.v for access 1:lpOR fut1:lfe deve!opmeRt of that site. Do Rot cORstmct the proposed right iR/right 01:lt drive'Nay llAd close the existiRg 26 foot wide drive'Nay OR Eagle Road at 16 Idaao Street located just s01:lth of tae property line. ,A.ll impro'/ements shall be completed prior to tae issl:lllftce of a certificate of OCC1:lpllAcy. Tae cross access easement agreement shall be revie'.ved llAa appro'/ea by the City ,^~ttorney llAd saall be exee1:lted llAd recorded prior to tae issl:laRce of any certificate of occupancy f-or this property. 2.4 Tae applicllAt sa all be reql:lirea to eRter iRto llA casement agreemeRt for a furore alleY'Nil)' to be located along the entire leRgth ef the ',vestern 12 feet of this property. The agreeffieRt saall include a provisien for land to be dedicated as a public right of way if a future jurisaictieRal authority requires the lllAd to be dedieated as publie right of 'Nay aRd net aR easemeRt. The p1:lrpose of the easement/right of way is for a plaRRed 24 f-0ot 'l/ide public alh~)~.Yil)' exteRding from approximately Mission Drive to the existiRg east/west public alley right of way located OR the eastern b01:lndar)' of 220 Eagle Road and extenaiRg further, via the propesed parking area as ShOVill OR the concept pIllA attached as Exhibit B, to Idaho Street. The easement shall previde cross access to all ab1:ltting flarcels to the north llAa east as 'Nell as the parcels that are the subj ect of this app licatiofl to utilize the alleY'Nay. The easement agreement shall be revie'.ved llAd appro'led by the City ,^.ttomey llAd shall be executed and recorded prior to the issuance of aRY certificate of occupancy for this property. 2.5 UpOR rede'.'elopmeflt of the site, the applicaflt shall construet a drive aisle (allep'Iay) cORsistiRg of one half ef a 24 foot alley seetioR aloflg the eastern portioR of the property iaeRtified as 220 Eagle Road. The properties ideRtifiea as 1 (j aRd 144 Idaho Street mil)' utilize the parkiRg lot dri'le aisle, as showfl iR the cORceptual plan ideRtified as Exhibit B, as the extensioR of this alley pro'.'ided that there is cORtiRuous ana adequate cORRection be!\'1een Idaho Street and the Rorthern property liRe of 220 Eagle Road. The drive aisle shall be designed to provide future access from the eastern boundary of this site to the unopenea alley right of ',vay that travels Page 12 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\RZ-05-09 M and H Development pzf.doc east from the subjeet site as ',yell as tEl aceommosate aceess from asjoifliFlg parcels as the)' redevelop. The sri'/e aisle shall be cOflstruetes prior to the issuaFIce of aH)' Certifieate of Oecl:lpanc)'. 2.6 The applicant shall comply with all conditions of the Ada County Highway District relative to construction and right-of-way improvements on both Eagle Road and Idaho Street. This includes but is not limited to constructing Idaho Street as one half of a 40-foot commercial street section with curb, gutter, sidewalk abutting the site and constructing one 24-foot wide driveway onto Idaho Street located 100-feet east of the intersection of Idaho Street and Eagle Road. Construct the sidewalk improvements along Idaho Street to match that which is specified within the EASD book, as well as planting the street trees within tree-wells with the standard City of Eagle tree grates. All improvements shall be completed prior to the issuance of a certificate of occupancy for this property. 2.7 Prior to the issuance of any building permits for the site, the Applicant shall remove any existing residences and/or accessory (secondary) structures from the site that are not approved with a Design Review application. Demolition permits shall be obtained prior to the removal of said buildings. 2.8 Upon submittal of a Design Review application for the site, shared parking and cross access designs and agreements between the three subject parcels shall be required. The cross access agreements shall be reviewed and approved by the City Attorney and shall be executed and recorded prior to issuance of any certificate of occupancy for the property. 2.9 The owner shall submit a Design Review application for any site and building improvements (as required by the Eagle City Code), and shall comply with all conditions required by the City of Eagle as a part of the Design Review prior to issuance of a zoning certificate. 2.10 Until such time as the City may determine otherwise, the properties shall be developed in accordance with the Transitional Development Area (TDA) regulations as referenced in Eagle City Code 8-2A-5(C)2. 2.11 Future uses 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. 2.12 Any building constructed on the site shall be connected to central sewer (Eagle Sewer District) prior to the issuance of a Certificate of Occupancy. 2.13 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. 2.14 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 Page 13 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\RZ-05-09 M and H Development pzf.doc satisfied. NOTE: The dissenting opinion felt that to determine access at this point may be untimely and should depend on the type of use to be developed on the property, when such use is proposed. In other words, the intensity of a particular use may warrant only the facilitation of a right-in/right-out access whereas a different use may benefit from a full access; to re-establish an access that has been closed may be difficult. In addition, at the meeting of November 16, 2009, Commissioner Tanner supported the decision of the Commission regarding not requiring alley ways, and emphasized his desire not to limit access to the project from Eagle Road, specifically that full access from Eagle Road should be allowed. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at 6:00 PM, April 29, 2009, at 101 Eagle Glen Lane, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on April 30, 2009. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on June 15, 2009, for the scheduled meeting of July 6, 2009, and again on July 18, 2009, for the August 3, 2009, hearing. 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 16,2009, for the scheduled meeting of July 6, 2009, and again on July 15, 2009, for the August 3, 2009, hearing. The site was posted in accordance with the Eagle City Code for the August 3, 2009, meeting on July 24, 2009. Requests for agencies' reviews were transmitted on May 6, 2009, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-05- 09) 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 development agreement) is in accordance with the Central Business District land use designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are expected to be provided as conditioned herein, to serve any and all uses allowed on this property under the proposed zoning designation of CBD-DA (Central Business District with development agreement); c. The proposed CBD-DA (Central Business District with a development agreement) is compatible with the CBD-DA (Central Business District with development agreement) zone and land use to the east since that area has a Comprehensive Plan Land Use designation of Central Business District. Additionally, a property abutting a portion of the eastern boundary of the subject site has been rezoned to CBD (Central Business District) and is being developed in a manner similar to that proposed herein; d. The proposed CBD-DA (Central Business District with development agreement) is compatible with the CBD (Central Business District) zone, Eagle Road and the land use to the west since parcels on the west side have either been rezoned to CBD (Central Business District) and contain similar uses to that proposed herein or have a Page 14 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\RZ-05-09 M and H Development pzf.doc Comprehensive Plan Land Use Map designation of Central Business District and may be developed in a similar manner to that proposed herein; e. The proposed CBD-DA (Central Business District with a development agreement) is compatible with the CBD (Central Business District) zone, Idaho Street, and the land uses to the south since that area has already been rezoned to CBD (Central Business District) and already includes a non-residential use; f. The proposed CBD-DA (Central Business District with development agreement) is compatible with the R-4 (Residential - up to four dwelling units per acre) zone and land uses to the north since any commercial uses approved for this property will be required to adequately buffer from the adjacent residential uses and since that property has a Comprehensive Plan Land Use Map designation of Central Business District and may develop in a manner similar to that proposed herein; g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" (Central Business District) as described within the Comprehensive Plan; and will be required to develop in a manner consistent with the goals and objectives of the Central Business District. h. No non-conforming uses are expected to be created with this rezone, if all conditions required within the development agreement are fulfilled and compliance with Eagle City Code is met. DATED this 16th day of November 2009. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ~ ~-.z~ ----... Gary Tanner, Chairman ( ",,,........ " '. ,..,,, ~{l>.GLP ..... ..,.. ~ ....."_4\,"".... ..,..... $ 0 'II- \l"' 1 f. "... ~ ~ ~..- ... (~ ..:. : f-... -,~'- __~: - ~ tI ''< , r-. 0 _ : L.: .', J~ ~V~::r:: - , - t.. Q. . . - \> .....""': '<If; = .. '-J ~'t"_- .:::) ! . \('0\\ v 0._- <'> " .: ........ 0' ,.... '., STAI~ "" '111,,. II ..."", ATTEST: Page 15 of ] 5 K:\Planning Dept\Eagle Applications\RZ&A\2009\RZ-05-09 M and H Development pzfdoc