Findings - PZ - 1997 - RZ-5-96 - Construct Fast Food Restaurant With Drive Thru/434 S. Eagle Rd BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A REZONE FROM (A)AGRICULTURAL)
TO (C-2) COMMERCIAL FOR )
McDONALD'S CORPORATION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-5-96
The above-entitled rezone application came before the Eagle Planning and Zoning Commission
for their recommendation on January 6, 1997. However, the applicant requested a continuance
until February 3, 1997, and then again requested another continuance until February 18, 1997.
On February 18, 1997, the Eagle Planning and Zoning Commission heard this item and closed
the public hearing.
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:
Loy Taylor with the McDonald's Corporation is requesting a rezone from A
(agricultural) to C-2 (general business district). The applicant is proposing to
construct a McDonald's fast food restaurant with a drive-thru. Approvals of
design review, conditional use, and variance applications are also required for the
proposed McDonald's development. The site is located at 434 S. Eagle Rd., near
the northeast corner of Eagle Rd. and the Eagle Alternate Route.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November
15, 1996.
C. NOTICE OF PUBLIC HEARING FOR THE PLANNING AND ZONING
COMMISSION:
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 December 20, 1996. 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 December 10, 1996.
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Requests for agencies' reviews were transmitted on November 21, 1996 in
accordance with the requirements of the Eagle City Code.
D. HISTORY OF PREVIOUS ACTIONS: none
E. COMPANION APPLICATIONS:
Conditional Use (CU-12-96), Design Review(DR-21-96), Variance (V-1-97), and
Flood Plain Development Permit Review(FPR-1-97)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial A vacant parcel
Proposed no change C-2 Commercial-McDonald's
Restaurant
North of site Commercial C-2 Commercial-Albertson's
South of site Commercial C-2 vacant parcel
East of site Commercial A vacant parcel
West of site Commercial C-1 & R-5 Agricultural/Residential
G. TOTAL ACREAGE OF SITE: 1.19 acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: No
justification letter submitted for the rezone.
I. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable): Not proposed by the applicant. (Recommended by the
Commission)
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The applicant states that there are adequate utility services available to the
property. The attached November 13, 1996, letter from the Eagle Sewer District
states that only the north 125 feet of the site is within the district.
However, the attached January 28, 1997, letter from the sewer district states that
an adjustment in the building location, to save the existing evergreen trees, would
be acceptable with the condition that the McDonald's building is the only building
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allowed at this site until the entire site is annexed into the Sewer District
boundaries.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently
exists.
L. NON-CONFORMING USES:
Based upon the information available, the proposed rezone will not create any
non-compliance with any provisions of the Eagle City Code. However,
legalization of the lot needs to be addressed.
M. 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
Ada Planning Association
Central District Health
Division of Environmental Quality
Eagle Water Company
Eagle Sewer District (see note under subheading "Availability and Adequacy of Utilities
and Services" above)
Idaho Transportation Department
Also attached:
Seven page report completed by Jerry Stallsmith, a Certified Arborist, regarding
the existing trees at this site.
January 25, 1997, letter from Jerry Stallsmith, regarding transplanting the two
Scots pines
Three page document, from Jerry Stallsmith, describing a recommended aeration
system for fill around trees.
N. LETTERS FROM THE PUBLIC:
None
STAFF'S ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• LAND USE - COMMERCIAL
Suitable primarily for the development of a wide range of commercial activities
including offices, retail and service establishments.
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NOTE: The comprehensive plan designates this site as commercial as proposed
by the applicant.
• SPECIAL AREAS OR SITES -POLICIES & GOALS
#4. To preserve existing trees and natural growth wherever practicable and
establish appropriate landscaping as a part of new developments.
• NATURAL RESOURCES/COMMUNITY DESIGN - EAGLE TREE PLAN
Goal: Establish and enhance areas of tree growth that will create beauty, add to a
healthy environment and increase economic stability.
Objectives: #1. To create an urban forest that will help reduce air and noise
pollution, conserve water and reduce soil erosion, assist in
modifying the local climate, increase property values, and
improve Eagle's economy by providing a pleasant and more
comfortable place to shop and live.
#2. To encourage economic growth by establishing a more
inviting atmosphere for locations of business.
• AIR QUALITY- POLICY AND GOALS:
#5. To establish and enhance areas of tree growth by creating an urban forest
that will help reduce air pollution.
• PUBLIC SERVICES, FACILITIES AND UTILITIES - SEWER SUPPLY
POLICY AND GOALS:
Owners of property which is within the Eagle Sewer District Planning Area, but
has not been annexed into the District:
#1. Shall agree to standard terms and conditions of annexation into the Eagle
Sewer District and, any other terms or conditions of the Eagle Sewer
District Board.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None regarding the rezone)
C. DISCUSSION:
1. It is staff's opinion that the proposed rezone complies with the land use
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designation of the Comprehensive Plan. However, the applicant has presented the
site plan for the McDonald's development to the Design Review Board and it
appears that the applicant may ask the city to permit the removal of the two
mature Scots pines located at the site.
It is staff's opinion that the trees could be saved if the building were shifted to the
east and rotated so the drive-thru was oriented to be located along the south
property line. Vehicular traffic would enter the drive-thru from the west side of
the building and exit in an easterly direction onto the driveway proposed to
provide access the Albertson's parking lot, and to future development on the
parcel to the south.
To meet the objectives of the Comprehensive plane, staff believes that the City
should approve the rezone with a development agreement that states that the two
existing Scots pine trees shall not be removed and shall be protected and
maintained to allow continued undisturbed growth.
2. Based upon the information provided from the agencies having jurisdiction over
the public facilities needed for this site, it is staffs opinion that adequate public
facilities do not exist, i.e.: sewer service, to serve any and all uses allowed on this
property under the proposed zone. However, service to the McDonald's building
alone could be provided per the Sewer District.
Only a portion of this site is annexed into the Eagle Sewer District. The Sewer
District states that an adjustment in the building location, to save the existing
evergreen trees, would be acceptable with the condition that the McDonald's
building is the only building allowed at this site until the entire site is annexed
into the Sewer District boundaries.
The restriction for annexation of any additional land, currently in effect with the
Sewer District, was intended to prohibit additional sewer connections. In this
case only one sewer connection would be made whether the building was in the
annexed area of this lot or not.
Staff believes that the City should approve the rezone with a development
agreement that states, "The applicant shall agree to standard terms and conditions
of annexation into the Eagle Sewer District and any other terms or conditions of
the Eagle Sewer District Board." And a condition that states, "The McDonald's
building shall be the only building allowed at this site until the entire site is
annexed into the Sewer District boundaries."
3. It is staffs opinion that the proposed zone is compatible with the zoning and uses
in the surrounding area.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT (See
recommendation of March 3, 1997):
Based upon the information provided to staff to date, staff recommends that the rezone be
approved with a development agreement, to be applied for by the applicant and approved
by the City, containing the following conditions:
1. The two existing Scots pine trees shall not be removed and shall be protected and
maintained to allow continued undisturbed growth.
2. The applicant shall agree to standard terms and conditions of annexation into the
Eagle Sewer District, and any other terms or conditions of the Eagle Sewer District
Board.
3. The McDonald's building shall be the only building allowed at this site until the
entire site is annexed into the Sewer District boundaries.
STAFF RECOMMENDATION PROVIDED TO THE COMMISSION AT THE PUBLIC
HEARING OF MARCH 3, 1997:
Based upon new information regarding the legality of the subject property, staff changed
the recommendation of the proposed rezone to denial based upon the information
provided in the Zoning Administrator's March 3, 1997, letter addressed to Loy Taylor.
This letter was presented to the Commission and was entered into the public record at the
meeting of March 3, 1997. The concern is the legality of the lot which is the subject of
the McDonald's applications.
At the March 3, 1997, Commission meeting staff also recommended denial of the
Development Agreement since it did not appear to be what the Commission had asked for
and since it referenced two parcels of land which do not exist as separate parcels.
PUBLIC HEARING OF THE COMMISSION:
A public hearing on the application was held before the Planning and Zoning
Commission on February 18, 1997, at which time testimony was taken and the public
hearing was closed. The Commission made a recommendation for the applicant to
present the Commission with a Development Agreement, for this property, indicating
what the uses of the property would be.
Final recommendation was delayed until the Development Agreement was presented and
until the variance application was heard. This occurred on March 17, 1997.
The Commission combined the Public Hearings on the Rezone and Conditional Use
together with the Design Review for this proposal.
A. Oral testimony in opposition to the application was presented by one individual before the
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Planning and Zoning Commission. The individual was opposed to the proposed rezone for
the following reasons: She liked the Zoning Administrator's conceptual plan moving the
building east away from Eagle Road and preserving the two pine trees because it provides a
more open look along this section of Eagle Road. The transition of buildings being located
closer to the Eagle Road should happen closer to the Eagle Drain.
B. Oral testimony in favor of the application was presented by three of the applicant's
representatives before the Planning and Zoning Commission. They were in favor of the
proposed rezone for the following reasons: Because they received approval from the Design
Review Board, because the trees located on the site could not be preserved, because their
revised landscape plan, site plan and elevation plan incorporate the recommendations of the
Design Review Board, because it is a very difficult project to design with all the different
guidelines, because of functional problems with the Zoning Administrator's proposal to
move the building east, because they were bothered by the Zoning Administrator's
presentation, because the Zoning Administrator's report did not address anything from
Design Review.
C. Legal Counsel recommended that the Commission consider the variance at the same time that
they decide on the applications for rezone, conditional use and design review.
COMMISSION DECISION:
The Commission voted three to two to recommended approval of RZ-5-96 for a rezone
from (A) Agricultural to (C-2) Commercial for McDonald's Corporation.
NOTE: Commissioners Maile and Brinten voted against for the following reasons: By
deleting the language regarding the variance there's concern that the Commission might
be giving Council, or anyone else, the impression that the Commission feels a variance is
not necessary and that this project does not have to conform to the Ordinance, the Design
Review Ordinance should be upheld, and approval of the rezone, conditional use and
design review applications should not be granted without making sure that this
development complies with the lot coverage requirement.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 15, 1996.
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 December 20, 1996. 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
December 10, 1996. Requests for agencies' reviews were transmitted on November 21,
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1996 in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone
(RZ-5-96) in terms Eagle City Code Section 8-7-5 (F) (1) "Action by the Commission and
Council" and has made the following conclusions with regard to the proposed rezone:
A. The proposed rezone is in accordance with the Comprehensive Plan and established goals
and objectives because the proposed zoning designation of(C-2) general business district
is in accordance with the land use designation of commercial as shown within the
Comprehensive Plan, the new trees proposed will compensate for the loss of the two
mature Scot's pines, the requirement for the site to be annexed into the Eagle Sewer
District should be waived since the Development Agreement recommended by the
Commission limits the use to the McDonald's building and the parking lot in compliance
with the terms of the Sewer District;
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 as
noted in correspondence from said agencies EXCEPT FOR SEWER SERVICE. The
Commission has recommended a Development Agreement to limit the use of the site to
the McDonald's restaurant and a parking lot thereby meeting the Sewer District's
prohibition against additional facilities which would require sewer service. The Sewer
District stated that they could not provide additional service since the majority of the site
in not annexed into the Sewer District and may not be annexed into the District due to
their"Hormachia Agreement";
C. The proposed zone is compatible with the zoning and uses in the surrounding area since
the site to the north is a commercial development (Albertson's), the site to the south and
east is vacant land currently zoned agricultural with a Comprehensive Plan designation of
commercial, and the site to the west is separated by this site by Eagle Road (which is five
lanes wide in this location) and is partly zoned C-1 (Neighborhood Business District) and
the other part, which is zoned R-5 (residential), has a Comprehensive Plan designation of
commercial and is expected to redevelop to commercial in the near future, and;
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D. No non-conforming uses will be created with this rezone except for the question as to the
legality of the existing lot and any proposed splits of the existing lot. The Commission
believes that this concern has been addressed since the they recommended that
clarification of the legality of the lot and legalization be a condition of approval.
DATED this 14th day of April, 1997.
PLANNING • ND ZONING COMMISSION
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