Findings - CC - 2021 - A-10-20 & RZ-13-20 - Treasure Valley Chevron BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT (RURAL-URBAN TRANSITION) )
TO C-1-DA(NEIGHBORHOOD BUSINESS )
DISTRICT WITH A DEVELOPMENT )
AGREEMENT [IN LIEU OF A CONDITIONAL )
USE PERMIT])FOR A MIXED USE )
COMMERCIAL DEVELOPMENT FOR )
TREASURE VALLEY CHEVRON,INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-10-20&RZ-13-20
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on March 23,2021,at which time public testimony was taken and the public hearing was closed.The Eagle
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;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Treasure Valley Chevron, Inc., represented by Stephanie Leonard with KM Engineering, is
requesting annexation and rezone from RUT (Residential-Urban Transition — Ada County
designation) to C-1-DA (Neighborhood Business District with a development agreement [in lieu
of a conditional use permit]) for a mixed used commercial development, which includes a
convenience store with fuel service. The 10.01-acre site is located at the southeast corner of West
Beacon Light Road and North Highway 16.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held virtually at 6:00 PM, on Monday, October 5, 2020, in
compliance with the COVID-19 Stage 2 protocol and the application submittal requirement of
Eagle City Code. The application for this item was received by the City of Eagle on October 28,
2020.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on November 17, 2020, 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 January 1,2021. Notice of this public hearing
was mailed to property owners within 1,500-feet of the subject property in accordance with the
requirements of Title 67,Chapter 65,Idaho Code and Eagle City Code on December 31,2020. The
site was posted in accordance with the Eagle City Code on January 6,2021.
Notice of Public Hearing on this application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on February
19, 2021. Notice of this public hearing was mailed to property owners within 1,500-feet of the
subject property in accordance with the requirements of Title 67,Chapter 65,Idaho Code and Eagle
City Code on February 19, 2021. The site was posted in accordance with the Eagle City Code on
February 16,2021 and updated on March 16,2021.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 18, 2007, the City Council approved an annexation and rezone from RUT(Rural-
Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development
agreement [in lieu of a PUD]) for CMH Development. (A-17-07/RZ-24-07) (The development
agreement was not executed by the applicant;therefore, the property was subsequently not annexed
into the City.)
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Village/Community RUT(Rural-Urban Transition Agriculture
Center —Ada County designation)
Proposed No Change C-1-DA(Neighborhood Convenience store
Business District with a with fuel service
development agreement)
North of site Village/Community MU-DA(Mixed Use with a Agriculture
Center development agreement)
South of site Village/Community MU-DA(Mixed Use with a Agriculture
Center development agreement)
East of site Village/Community MU-DA(Mixed Use with a Agriculture
Center development agreement)
West of site Neighborhood Residential RUT(Rural-Urban Transition Golf Course
(Star Comprehensive —Ada County designation)
Plan)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA,CEDA,or DSDA.
H. TOTAL ACREAGE OF SITE: 10.01-acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter, date stamped by the City on October 28, 2020 (attached to the
staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification letter,date stamped by the City on October 28,2020(attached to the
staff report).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is located within the City of Eagle's municipal water service area.The site is currently not
located within the Eagle Sewer District. The applicant is proposing to serve the site with well and
septic until such time central water and central sewer become available.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
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M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—No
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
N. NON-CONFORMING USES:None.
O. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Trails and Pathways Superintendent email dated November 17,2020.
Museum Curator/City Historic Preservation Officer email dated November 18,2020.
Ada County Development Services
Ada County Highway District
Ballentyne Ditch Company
Central District Health
Department of Environmental Quality
Eagle Sewer District(email received from Lynn Moser,dated October 23,2020)
P. LEI"I'RRS FROM THE PUBLIC (attached to the staff report):
Email correspondence received from Lohrea Johnson,dated January 7,2021.
Email correspondence received from Whittney Curran,dated January 11, 2021.
Email correspondence received from Ryan and Melanie Clark, dated January 11,2021.
Email correspondence received from Laurence Woodbury, dated January 11, 2021.
Correspondence received from Mark Van Abel, date stamped by the City on January 11,2021.
Email correspondence received from Jim Johnson,dated January 11,2021.
Email correspondence received from Susi Guidi,dated January 14, 2021.
Q. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular-facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in-fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8)for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title(Eagle City Code Title 8);
C. Will be designed,constructed,operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
D. Will not be haiardous or disturbing to existing or future neighborhood uses;
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E. Will be served adequately by essential public facilities such as highways,streets,police and
fire protection,drainage structures,refuse disposal,water and sewer and schools;or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses,activities,processes,materials,equipment and conditions of operation
that will be detrimental to any persons,property or the general welfare by reason of excessive
production of traffic,noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic-feature of
major importance.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING 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(adopted November 15, 2017),
designates this site as the following:
Village/Community Center
Village and Community Centers are intended to serve as mixed use centers for goods, services and
employment for areas that are removed from downtown Eagle. Uses and residential densities vary
based on location. See the planning area text for a complete description of site specific uses.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and natural
features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration,regional trails and connectivity.
6.6.1 Village Planning Area Uses/Design
A. The land use and development policies specific to the Village Planning Area include residential,
commercial, retail, civic, research and development park, corporate and/or educational campus,
hospitality, and office uses. Non-residential uses will be focused in the Village Center.
1. Village Center: The Village Center is generally located along the north and south sides of
Beacon Light Road, extending from State Highway 16 East to Hartley Lane, as shown on the
Future Land Use Map (Map 6.1). All Non-residential uses will be focused in the Village
Center. This area is comprised of three key components:
a. A research/development park,educational campus,and/or corporate park area designed to
provide sufficient space for corporate headquarters in a park-like setting with ancillary
commercial uses located in the Village Center; and
b. The village center should include supporting office, retail commercial, hospitality, and
civic uses that will benefit and support the non-residential uses, as well as the larger
residential area;
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c. Office and restaurant uses with drive thrus are considered a supporting use to the corporate
and campus uses. Office and restaurant uses that are appropriately designed and internally
oriented to the larger development area may be considered on a case by case basis. (See
Figure 6.9)
d. Non-residential development in the northeast portion of the Village Center should be
designed and oriented to capitalize on the needs of users of the future 22-acre Terra View
Park.
2. Residential Uses should be developed as follows:
a. New developments proposed near the Village Center in the Compact Residential
designation are encouraged to include apartments, town homes, condominiums, patio
homes, bungalows and live/work units ranging in densities from 4 to 8 units per acre.
b. Densities should decrease as distance increases from the village center. The overall
densities in the Village Planning Area and in the Neighborhood Residential designation,
south of Beacon Light Road, should average 1-2 units per acre. Residential area north of
Beacon Light is Large Lot Residential with a Residential Transition Overlay,transitioning
(feathering and clustering) to the north and east ensuring compatibility with existing
residential and foothills development.
c. Lot sizing and compatibility will be paramount as residential development reaches the
existing 2 and 5-acre lots in the area east of Linder Road and north of Floating Feather
Road. Special care should be given to the feathering and clustering of residential units as
development reaches the foothills/Farmers Union Canal. (See Figure 6.10)
d. All non-residential use in the Village Planning area should be directed to the Village Center
or the commercial center at State Highway 16 and State Highway 44(See Moon Valley&
State Planning Area Section 6.10).
6.6.2 Village Planning Area Access
A. The development Village Center Planning Area should include the construction of north/south
boulevards as entry roads into the area. These roads should include planted medians, detached
sidewalks,and traffic circles.
B. This area will also include the extension of Homer Road from Linder Road to the Village Center.
The intent of this roadway extension is to allow connectivity from the areas north of Beacon Light
Road into the Village Center while decreasing demand on Beacon Light Road. Front-on housing
should be discouraged on this roadway.
C. The Village Planning Area will be dependent upon the interconnectivity of local roads as the area
develops.
D. Access to the area from State Highway 16 should be limited to Beacon Light Road and,in the short-
term,Floating Feather Road.
E. Commercial and retail uses should be discouraged from fronting on State Highway 16. Non-
residential uses should be focused internally to the Village Center with residential uses focusing on
local/collector roads.
F. ITD should be discouraged from constructing frontage roads along the eastern side of State
Highway 16. Alternatively, development should install landscape berms along State Highway 16
to continue a gateway feeling similar to Eagle Road.
G. A collector road should be constructed from the Village Center south to Floating Feather Road and
into the commercial development at the State Highway 44 and State Highway 16 intersection.
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H. The design of the area should incorporate non-motorized pathways linking residential areas to the
Village Center,foothills,and the existing Eagle Downtown.
6.6.3 Issues Of Concern
A. The scaling and compatibility of uses will be of significant concern in this area. In order for non-
residential uses to locate in this area they will require the establishment and development of
residential uses prior to construction. The compact residential designation should be developed to
support the planned non-residential uses in the area. New residents should be made aware that the
area is intended to have research/development park, educational campus, and/or corporate park
uses in the area.
B. Special care should be taken to preserve the Village Center area. While residential uses will be the
first demand in the area the City needs to work with land owners and developers to preserve
sufficient land for the non-residential uses that will be needed to serve the area at buildout. If
development pressure is not held back, the City's vision for an employment area will not be
achieved.
C. Special care should be taken to ensure that employment uses are incorporated into the Village
Center. The Village Center designation is scaled for the inclusion of employment uses.If the City
allows the area to shift into a retail and/or commercial-only area the size of the land use designation
should be re-scaled.
D. Special care should be taken to ensure that non-residential uses area internally oriented to the
Village Center and that buildings and signage do not clutter the State Highway 16 corridor. If
special care is not taken the vision of the City of Eagle for State Highway 16 to serve as an entry
corridor will not be achieved.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
CONVENIENCE STORE: Retail sales of food, beverages and small convenience items typically
found in establishments with long or late hours of operation.
• Eagle City Code Section 8-2-1: Districts Established,Purposes and Restrictions:
The following zoning districts are hereby established.For the interpretation of this title,the zoning
districts have been formulated to realize the general purposes as set forth in this title. In addition,
the specific purpose of each zoning district shall be as follows:
C-1 NEIGHBORHOOD BUSINESS DISTRICT: To permit the establishment of convenience
business uses which tend to meet the daily needs of the residents of an immediate neighborhood
while establishing development standards that prevent adverse effects on residential uses adjoining
a C-1 district. Such districts are typically appropriate for small shopping clusters or integrated
shopping centers located within residential neighborhoods.
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
Convenience Store with fuel service is allowed by Conditional Use within the C-1 (Neighborhood
Business District)zoning designation.
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• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks
Note Conditions A To E* Maximum Minimum Lot
Lot Area Minimum
Zoning Maximum Front Rear Interior Street Covered F (Acres Or Square Lot
District Height Side Side And J* Feet)H* Width I*
C-1 35' 15' 0' 0' 10' 50% 2,000 25'
• Eagle City Code Section 8,Chapter 10: Development Agreements:
8-10-1: REQUIREMENTS AND RESTRICTIONS:
A. 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 (based on the applicant's narrative, date stamped by the City on October 28, 2020,
Conceptual Site Plan, date stamped by the City on October 28, 2020, and applicant's development
agreement, date stamped by the City on October 28,2020.):
• The applicant's narrative indicates they are requesting annexation and a rezone to C-1
(Neighborhood Business District)to allow for a future convenience store with fuel service and an
automotive washing facility.The Conceptual Site Plan identifies a 6,600-square foot Chevron with
an 8-pump fuel island located between the building and West Beacon Light Road. The proposed
uses are located within the northwest quadrant of the site. No other uses are identified on the
Conceptual Site Plan. The applicant has indicated the remainder of the site will be developed by
others at a future date. The narrative indicates the remainder of the site may be developed with a
mix of uses, including but not limited to, retail, storage, office, and commercial space. Since the
Conceptual Site Plan does not identify the type or location of future uses the applicant should be
required to modify the development agreement prior to any future uses being constructed within
the site. Also, the Conceptual Site Plan does not show potential cross access easements to the
adjacent parcels located south and east of the site. Prior to future development of the site the
applicant should be required to modify the development agreement to address cross access
easement locations for ingress/egress to the adjacent properties located south and east of the site.
• The Conceptual Site Plan shows a proposed well location and a proposed drainfield location. The
proposed drainfield is located within the property between the convenience store and HWY
16/Emmett HWY [sic]. The applicant has indicated within the provided narrative that due to the
current location of central water and sewer not being in proximity to the site they are requesting
that the site be served by individual well and septic. The property is located within the City of
Eagle's municipal water service area. The property is currently not annexed into the Eagle Sewer
District's service area.Based on the proposed use and future uses that may be developed within the
site, the applicant should be required to connect the property into central water and sewer when
those services are available to the site. Also, the applicant should be required to pay the Storage
Trunk Line (STL) fees. The applicant should also be required to provide a surety associated with
the connection of those services.
• The applicant's narrative and submitted development agreement list several uses that typically
require a conditional use permit within the C-1 (Neighborhood Business District) zoning
designation. As previously referenced the Conceptual Site Plan does not identify the location or
type of use; therefore, the applicant should be required to submit a conditional use permit
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application or modify the development agreement prior to commencement of those uses. The
narrative and development agreement include Dwelling (multi-family, single-family, and two-
family dwellings). Due to the property being located within the Village/Community Center
comprehensive plan designated area the policies of the comprehensive plan do not recognize this
area for residential uses. Residential uses are encouraged to be located within the Compact
Residential Area located outside of the subject property to provide an area for non-residential uses
to be developed to serve the residential area. The future non-residential uses should be internally
oriented so that the buildings and signage do not clutter the State Highway 16 corridor. Also, the
applicant should be required to provide a landscape buffer between along State Highway 16 and
Beacon Light Road to serve as an entry corridor and buffer the uses from adjacent development.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on January
19,2021,at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by one(1)individual who indicated concerns regarding the impact to private property right for people
living in the area, the potential negative impact on property values in the area, and the proposed
development is not compatible with the surrounding area.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
one(1)individual(other than the applicant/representative)who indicated that the site is a good location
for a convenience store with fuel service,that a blue fuel island canopy should be permitted along with
a 25-foot tall sign, and that the building should be permitted to be larger than 30,000 square feet.
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning
and Zoning Commission by one(1)individual who indicated concerns regarding views, future uses of
the site,that a three foot high landscaped berm will not adequately block vehicle headlights of vehicles
utilizing the convenience store with fuel service, and the proposal will cause future development to
occur within the area.
COMMISSION DELIBERATION: (Granicus time 2:13:15)
Upon closing the public hearing,the Commission discussed during deliberation that:
• The location and use are appropriate based on existing traffic in the area.
• The City of Eagle requires higher standards regarding building design and site layout.
• A 25-foot high sign along State Highway 16 is not permitted within Eagle City Code.
• The site building coverage should be limited to a maximum of 30,000-square feet.
• The required 3-foot high landscaped berm will block headlight glare from vehicles accessing the
property.
• The city should use the proposed design of the building to set the standard for the area.
• The applicant should contact the neighbors to discuss mitigation efforts to decrease the impact of the
proposed development on surrounding properties.
COMMISSION DECISION:
The Commission voted 3 to 0(McCauley and Smith absent)to recommend approval of A-10-20&RZ-13-
20 for an annexation and rezone from RUT(Rural-Urban Transition—Ada County designation)to C-1-DA
(Neighborhood Business District with a development agreement [in lieu of a conditional use permit]) for
Treasure Valley Chevron, Inc., with conditions to be placed within a development agreement as provided
within their findings of fact and conclusions of law document,dated February 1,2021.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 19,2021,at which
time testimony was taken and the public hearing was closed. The Council made their decision at
that time.
B. Oral testimony in opposition to the application was presented to the City Council by two (2)
individual who indicated concerns regarding the impact to private property right for people living
in the area, the potential negative impact on property values in the area, and the proposed
development is not compatible with the surrounding area.
C. Oral testimony in favor of the application was presented to the City Council by two(2)individuals
(other than the applicant/representative) who indicated that the site is a good location for a
convenience store with fuel service since there is no vehicle fuel facilities located within the
immediate area. Also, the applicant maintains their other fuel facilities within the area in a clean
manner and completes upgrades when needed.
D. Oral testimony neither in favor of nor in opposition to the application was presented to the City
Council by four(4)individuals who indicated concerns regarding views,future uses of the site,that
a three foot high landscaped berm will not adequately block vehicle headlights of vehicles utilizing
the convenience store with fuel service; therefore, a higher buffer berm should be required along
SH-16, the proposed monument sign along the SH-16 should not exceed eight feet(8') in height,
and the proposal will cause future development to occur within the area.They are supportive of the
"Prairie Style"architecture; however a blue canopy should not be permitted. The building should
be rotated 90-degrees so that the building blocks the view of the fuel canopy from SH-16.The trash
enclosure should be moved to the southeast corner of the site.All of the individuals were concerned
with noise, lights,traffic,and impact to their view shed.
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-10-20&RZ-13-20 for an annexation and rezone from RUT(Rural-
Urban Transition — Ada County designation) to C-1-DA (Neighborhood Business District with a
development agreement [in lieu of a conditional use permit]) for Treasure Valley Chevron, Inc.,with the
following Planning and Zoning Commission recommended conditions to be placed within a development
agreement:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development
Agreement. Further, the Owner will submit such applications regarding floodplain development
permit review,design review,preliminary and final plat reviews,and/or any conditional use permits,
if applicable,and any other applicable applications as may be required by the Eagle City Code,which
shall comply with the Eagle City Code, as it exists at the time such applications are made except as
otherwise provided with this Agreement.
3.2 Eagle hereby acknowledges that the Conceptual Site Plan (Exhibit C) represents Owner's concept
for the Property. Phase 1 of the development of the Property includes the development of the
convenience store with fuel service and the required roads and improvements as shown on Exhibit
C. Any future development of the Property shall be generally consistent with the Conceptual Site
Plan; provided, however, it is the intent of this Agreement to allow flexibility until such time a
detailed Concept Plan("Concept Plan"),and preliminary plat are submitted to Eagle so long as the
general intent of the Conceptual Site Plan and the conditions and limitations set forth in this
Agreement are met.Owner shall submit the Concept Plan outlining future phases of the development
as a modification to the development agreement prior to or concurrent with future development of
the site or submittal of a preliminary plat application,whichever occurs first.The Concept Plan shall
provide more detail,including but not limited to,location of roads within the development,lot layout,
lot dimensional standards, location and size of any common areas and buffer areas. The City shall
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hold necessary public hearings pursuant to Eagle City Code notice requirements to address the
Concept Plan and any changes thereafter proposed to said plan.
3.3 Owner shall submit payment to the City for all engineering and legal fees incurred for reviewing this
project, prior to submittal of the first building permit or signature of a final plat by the City Clerk,
whichever occurs first.
3.4 The Property shall consist of an entirely non-residential development.The land uses to be utilized on
the Property shall be compatible to the Village/Community Center planning area emphasizing trip
capture and minimizing high traffic generating uses. The Village/Community Center area
specifically seeks to provide retail commercial, hospitality, and civic uses; a research and
development/educational campus and/or corporate park area designed to provide sufficient space for
corporate headquarters in a park-like setting near ancillary commercial uses located in the village
center.
3.4.1.The Property shall be developed in compliance with Eagle City Code and the Eagle
Comprehensive Plan, as adopted at the time this Development Agreement is recorded,except
as otherwise provided herein.
3.4.2 The total square footage of retail and commercial on the site shall be limited to 30,000 square
feet.
3.4.3 No single retail tenant on the Property shall exceed 20,000 square feet in building footprint
area.
3.4.4 All lighting on the Property shall be in conformance with Eagle City Code Section 8-4-4-2.
3.4.5 All signage shall be in conformance with Eagle City Code Section 8-2A-8.
3.5 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement,the Property can be developed and used consistent with the C-1 (Neighborhood 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.
All uses shown as "P" permitted under the C-1 zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the C-1 zoning designation shall require a conditional use
permit.
The following uses which are shown as"C"conditional uses under the C-1 zoning designation within
Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be permitted uses
on the Property:
• Convenience Store with Fuel Service
• Automotive Washing Facility
• Bank/financial institution(with drive-up service)
• Drugstore
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above,the following uses shall also be prohibited on the Property:
• Adult Business
• Animal Shows or Sales
• Ambulance Services
• Boarding or Lodging House or Dormitory
• Cemetery
• Circuses and Carnivals
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• Drive In Theater
• Golf Course
• Hospital
• Horticulture(general and limited)
• Kennel
• Public Service Facilities
• Residential Mobile Home(Single Unit)
• Residential Mobile Home(Single Unit temporary living quarters)
• Riding Academies, Stable
• Small Engine repair
3.6 The setbacks shall be as follows(as measured from the perimeter of the site):
Front(north property line) 15-feet
Rear(south property line) 0-feet
Side(east property line) 0-feet
Street Side(west property line) 10-feet
Side(interior) 0-feet
Maximum coverage 50%
Maximum building height 35-feet(any exceptions to the maximum height requires
a conditional use permit)
3.7 The area identified on the Conceptual Site Plan (Exhibit C) showing the Convenience Store with
Fuel Service is subject to the following minimum conditions:
3.7.1 The Convenience Store with fuel service shall be located in the northwest corner of the
Property. The total size of the parcel containing the convenience store with fuel service shall
not exceed thirty percent(30%)of the gross area of the Property(10.01 acres).
3.7.2 The convenience store and fuel station canopy shall be oriented as shown in the Concept Plan.
The convenience store and fuel station canopy design will incorporate the "Prairie School"
architectural style and shall be architecturally compatible with the commercial buildings
located within the development and other development in the vicinity. The fuel canopy design
and color shall complement the design and earth tone colors of the convenience store. The
proposed architecture is subject to change at the discretion of the Design Review Board and/or
City Council. Owner shall submit a design review application for the proposed building (as
required by Eagle City Code) and shall comply with all conditions required by the Design
Review prior to issuance of a zoning certificate.
3.8 The Convenience Store with Fuel Service shall be constructed utilizing a "Prairie School" style of
architecture, as shown on Exhibit D. Owner acknowledges that the proposed architecture is subject
to change at the discretion of the Design Review Board and/or City Council. Any future non-
residential buildings shall be constructed utilizing "Prairie School" style architecture as identified
within the Eagle Architecture and Site Design Book. As individual buildings go through the design
review process,Owner shall demonstrate the complementary relationship,in terms of building height
and style, to adjacent existing or proposed buildings within the development in order to produce a
compatible and desirable development.
3.9 Owner shall provide a property use and common area maintenance agreement "Agreement"
containing conditions, covenants and restrictions for the Property which shall contain at least the
following:
(a) An allocation of responsibility for maintenance of all community and privately owned
pressurized irrigation facilities, parking lots and amenities. The repair and maintenance
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requirement shall run with the land and that the requirement cannot be modified and that the
Agreement cannot be dissolved without the express consent of the city.
(b) A requirement that all common landscaped areas are to be privately owned but shall be
described in and subject to a reciprocal easement allowing for common use by all property
owners within the development.The Agreement shall provide that a designated property owner
or group(i.e. business owner's association)shall have the duty to maintain and operate all the
landscaped areas in a competent and attractive manner,including watering,mowing,fertilizing
and caring for shrubs and trees in accordance with Eagle City Code, in perpetuity.
(c) A maintenance manual for the drive aisles requiring the association(s) shall have the duty to
maintain and operate all of the drive aisles providing access to the individual lots including the
repair and replacement of asphalt and sidewalks.
The Owner shall provide a copy of the Agreement (which include a similar statement regarding
common areas)for review and approval by the City Attorney prior to the issuance of a zoning permit.
3.10 Owner shall provide a minimum three foot(3') high landscaped berm along State Highway 16 and
West Beacon Light Road to provide a buffer between the parking areas, proposed buildings and the
respective roadways. The landscape plan and required berms should be reviewed and approved by
the Design Review Board and City Council prior to issuance of a zoning certificate associated with
the first building permit.
3.11 Owner shall submit a design review application with each portion or phase of the Property that is
being developed showing at a minimum the following as applicable: 1) proposed development
signage,2)planting details within the proposed and required landscape buffers and all common areas
throughout the development, 3) elevation plans for all proposed common area structures and
irrigation pump house(if proposed),4) landscape screening details of any irrigation pump house(if
proposed), 5)useable amenities such as picnic tables,covered shelters,benches,gazebos,bike racks,
and/or similar amenities, 7) design of ponds (if any) to be constructed in reference to mosquito
abatement. The design review application shall be reviewed and approved by the Eagle Design
Review Board prior to commencing construction of the applicable structure(s).
3.12 Building placement shall be designed such that parking areas are not concentrated between the
buildings and roadways of a collector status or higher. The side of any buildings facing these roads
shall be provided with architectural design elements and architectural relief in keeping with the
proposed "Prairie School" architectural style contained in Exhibit D, attached hereto and
incorporated herein by reference.The building placement and parking area locations,for each phase
or proposed improvement thereafter, shall be reviewed and approved by the Design Review Board
and City Council prior to issuance of a zoning certificate.
3.13 Owner acknowledges that the Property is currently located within the City of Eagle's Municipal
Water Service Area. Owner desires to serve the site with potable water from a temporary potable
water well until such time that a City municipal water service line is located within proximity to the
Property. The Owner shall be permitted to construct a temporary potable water well to serve the
Convenience Store with Fuel Service until such time that a City of Eagle municipal water service line
is located within 300-feet of the Property. At that time, Owner shall be required to connect into the
City's municipal water system within 90-days of the municipal water system line being available.
Owner shall be required to abandon the temporary potable water well upon connection to the City's
municipal water service line. Owner shall be required to pay the required Storage and Trunk Line
(STL)fees associated with the Convenience Store with Fuel Service prior to the issuance of a building
permit. Based on the Owner acknowledging the Property is located within the City of Eagle
Municipal Water Service Area and the City allowing Owner to construct a temporary potable water
well (until such time a City municipal water service line is available) Owner shall not file a water
right protest or seek to intervene regarding any current or future City water right application filed
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with the Idaho Department of Water Resources.
3.14 Owner acknowledges that the Property is currently not annexed to the Eagle Sewer District. The
annexation shall be required prior to submittal of the first building permit. The Owner shall be
allowed to connect the Convenience Store with fuel service to a temporary septic system until such
time central sewer is available to the Property. Owner shall provide proof of adequate sewer service
to the proposed convenience store with fuel service prior to issuance of a building permit. Upon
availability of central sewer, Owner shall have 90-days to connect to the Eagle Sewer District's
central sewer system and abandon the temporary septic system. No additional uses shall be located
on the Property until such time central sewer service is available to the Property.
3.15 Owner shall comply with all requirements of ACHD and/or ITD, as applicable, including, but not
limited to, dedication of right-of-way, access approaches on Beacon Light Road, curb, gutter, and
sidewalk.
3.16 Owner shall place 4'x8' sign(s) containing information regarding the proposed development. The
sign(s) shall be located along each roadway that is adjacent to the Property. The sign(s) shall be
located on the Property outside of the public right-of-way and remain clearly visible from the
roadway.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-10-20&RZ-13-20)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 upon
annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of C-1-DA(Neighborhood Business District with a development
agreement [in lieu of a conditional use permit]) is consistent with the Village/Community Center
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,to serve
the proposed senior living facility use on this property under the proposed zone;
c. The proposed C-1-DA(Neighborhood Business District with a development agreement [in lieu of
a conditional use permit]) zone is compatible with the MU-DA (Mixed Use with a development
agreement[in lieu of a PUD])zone and land use to the north since that area will be developed with
commercial uses based on the executed development agreement;
d. The proposed C-1-DA(Neighborhood Business District with a development agreement [in lieu of
a conditional use permit]) zone is compatible with the MU-DA (Mixed Use with a development
agreement)zone and land use to the south since that area may be developed with commercial uses;
e. The proposed C-1-DA(Neighborhood Business District with a development agreement[in lieu of
a conditional use permit]) zone is compatible with MU-DA (Mixed Use with a development
agreement)zone and land use to the east since that area may be developed with commercial uses;
f. The proposed C-1-DA(Neighborhood Business District with a development agreement [in lieu of
a conditional use permit])zone is compatible with the RUT(Rural-Urban Transition—Ada County
designation) zone and land use to the west since that area contains a golf course and is separated
from the subject property by State Highway 16;
g. The land proposed for rezone is not located within a"Hazard Area"and"Special Area"as described
within the Comprehensive Plan;
h. No non-conforming uses are expected to be created with this rezone.
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2. The Council reviewed the particular facts and circumstances of this proposed rezone with a
development agreement in lieu of a conditional use permit, and based upon the information provided
concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan
and established goals and objectives because:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City
Code Title 8) since a convenience store with fuel service may be permitted in the C-1-DA
(Neighborhood Business District with a development agreement) zoning district if a conditional
use permit is approved by the City Council;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title(Eagle City Code Title 8) since there are no
inconsistencies with the Comprehensive Plan and since a convenience store with fuel service is
permitted with the approval of a conditional use permit with the C-1-DA(Neighborhood Business
District with a development agreement)zoning district and the Comprehensive Plan designates this
site as Mixed Use;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will not
change the essential character of the same area since all buildings on the site will be designed to
meet the City's design review requirements and design requirements of the Eagle Architecture and
Site Design Book and the applicant is required to provide a buffer between the adjacent roads and
the proposed convenience store with fuel service;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the property is
surrounded by a principal arterial (State Highway 16), and a minor arterial (West Beacon Light
Road)and the applicant is required to construct a buffer located adjacent to the roads;
E. Will be served adequately by essential public facilities such as highways, streets, police and fire
protection,drainage structures,refuse disposal,water and sewer and schools;or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such services. The applicant is conditioned herein to connect to central services when they
become available to the site.Also,development of sewer,water, drainage, streets,and other urban
services will be provided at the developer's expense. The design of the building and access roads
will be reviewed and approved by the Star Fire Protection District prior to issuance of a building
permit;
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community since the site will be served
by an individual well and septic system until such time central water and sewer are located in
proximity to the site. Upon availability of central water and sewer the applicant is required to
connect to those services. Fire protection will be provided by the Star Fire Protection District and
fire hydrants will be provided where required;
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that
will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic,noise, smoke, fumes, glare or odors since the applicant is proposing a senior
housing residential development;
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares since the proposed approach has been reviewed
and approved by the Ada County Highway District; and
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I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance since the property has been fanned and does not contain any natural, scenic,or historic
features.
3. Pursuant to Eagle City Code 8-7-3-5 (F),a conditional use permit(development agreement in lieu of a
conditional use permit) shall not be considered as establishing a binding precedent to grant other
conditional use permits.
DATED this 27th day of April, 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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agle City Clerk :v �•�
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