Findings - CC - 2016 - RZ-95MOD3 - Da Mod/Eagle Marketplace/7.5 AcreBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION FOR ALTURAS EAGLE
MARKETPLACE, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-95 MOD3
The above - entitled development agreement modification application came before the Eagle City Council for
their action on January 26, 2016. 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:
Alturas Eagle Marketplace, LLC, represented by Jeff Likes with ALC Architecture, is requesting a
development agreement modification (previously approved by the City in 1995 and amended in 2001
and 2003) to modify the conditions of development relating to landscaping, building design, and
service facilities associated within Eagle Marketplace. The 7.5 -acre site (consisting of two [2]
parcels) is located on the northeast corner of Chinden Boulevard and Eagle Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on October 20, 2015.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on January 11,
2016. 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 January 8, 2016. The site was posted in accordance with the Eagle City Code
on December 18, 2015.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 27, 1995, the City Council approved a rezone with development agreement (recorded as Ada
County instrument #95062665) for this site for William Hodges (RZ -95).
On November 24, 1998, the City Council approved a conditional use permit for Eagle Country Plaza
Shopping Center for William Hodges (CU- 07 -98).
On September 18, 2001, the City Council approved a development agreement modification (recorded
as Ada County instrument #101131820) to allow the monument signage to be increased from 8 -feet
to 15 -feet in height for William Hodges (RZ -95 -MOD).
On July 8, 2003, the City Council approved a development agreement modification (recorded as Ada
County instrument #103137170) to erect a monument sign to be shared with the City of Eagle, and
to allow the placement of one directional sign at each of the two entrances into the shopping center
(RZ -95 MOD2).
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On April 29, 2005, William Hodges submitted a conditional use permit modification application to
allow vehicular access to /from the shopping center to enter and exit the easternmost driveway
(providing access to Chinden Boulevard via a driveway) which was required to be closed per site
specific condition of approval number 18 of the original conditional use permit. The application was
subsequently withdrawn:
E. COMPANION APPLICATIONS:
The applicant has submitted a design review application to modify the existing landscaping located
adjacent to Chinden Boulevard and Eagle Road (DR -35 -98 MOD).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 7.5 -acres (approximate)
I. APPLICANT'S STATEMENT OF JUSTIFICATION OF A MODIFICATION TO THE
DEVELOPMENT AGREEMENT:
See applicant's justification letter date stamped by the City on October 20, 2015, (attached to the staff
report).
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Utilities and services have previously been installed at the site.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
L. NON - CONFORMING USES:
Based upon the information available, the proposed rezone modification will not create any
noncompliance issues with regard to provisions of the Eagle City Code.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Commercial
C -2 -DA (General Business
Commercial Shopping
District with a development
Center - Eagle Market Place
agreement) & C -1 -DA
(formerly known as Eagle
(Neighborhood Business
Country Plaza.)
District with a development
agreement)
Proposed
No Change
No Change
No Change
North.of site
Residential One
R -1 (Residential)
Single - Family Residences
South of site
Not in Eagle City's Area
Boise Designation of C -41)
Shopping Center
of Impact
East of site
Residential One
R -1 (Residential)
Single - Family Residence
and Pasture
West of site
Residential One
R -1 -P (Residential - PUD)
Banbury Subdivision
(Residential)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 7.5 -acres (approximate)
I. APPLICANT'S STATEMENT OF JUSTIFICATION OF A MODIFICATION TO THE
DEVELOPMENT AGREEMENT:
See applicant's justification letter date stamped by the City on October 20, 2015, (attached to the staff
report).
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Utilities and services have previously been installed at the site.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
L. NON - CONFORMING USES:
Based upon the information available, the proposed rezone modification will not create any
noncompliance issues with regard to provisions of the Eagle City Code.
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M. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
N. LETTERS FROM THE PUBLIC:
Correspondence received from Davison, Copple, Copple, & Copple, LLP, date stamped by the City
on December 1, 2015 (attached to the staff report).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Eagle City Code, Section, 8 -2 -4: Schedule of Building Height and Lot Area Regulations:
Zoning
Mar
Front
Rear
Interior
Street
Maximum
Minimum Lot Area
Minimum Lot
District
Side
Side
Lot
(Acres Or Sq. Ft.)
Width
Covered
0 35' 20' 30' 7.5' 20' 50% 5.000 - square feet 50'
C. DISCUSSION:
• The applicant has submitted an application to modify the existing development agreement and
subsequent modifications to allow for changes to be made to the existing improvements located
within Eagle Marketplace. The previously executed development agreement was approved prior
to the city adopting an ordinance associated with design standards for subdivisions and
commercial development, therefore, additional requirements were placed in the development
agreement to regulate design and landscaping elements for the development. The currently
executed development agreement identifies specific standards for: 1) landscaping, 2) lighting, 3)
signage, 4) design, height, and location of building, and 5) service facilities. The applicant is
requesting the modification to allow for future changes to the improvements be reviewed and
approved pursuant to Eagle City Code. The applicant has submitted a design review application
(DR -35 -98 MOD) to modify the existing landscaping located adjacent to Eagle Road and
Chinden Boulevard to allow for more visibility of the shopping center from the adjacent
roadways.
• Pursuant to Condition of Development #3.2.1, the original applicant was required to provide
grass- covered berms between two -feet (2') and four -feet (4') in height along Eagle Road and
Chinden Boulevard, landscaped with 2" caliper or larger trees every twenty feet (20'). The current
owner of the site (applicant) is requesting a design review modification to reduce the height of
the berm and modify the landscaping located adjacent to Eagle Road and Chinden Boulevard to
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allow for more visibility of the site. The site currently contains a drug store with a drive - through
( Walgreens), a bank/financial institution with drive -up service (KeyBank), and a large multi -
tenant retail building. Walgreens is located in proximity to the southwest corner of the site with
a drive through located adjacent to Eagle Road. KeyBank is located adjacent to the southern
boundary of the site with the drive -up lane located adjacent to the service drive internal to the
site. The applicant should be required to maintain the existing grass- covered berms located
adjacent to Eagle Road and Chinden Boulevard. Based on the locations of the drugstore with
drive - through lane and the bank/financial institution with drive -up service lane the applicant
should be required to maintain the existing berms or provide a minimum forty-eight inch (48 ")
buffer (berm, decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall) between the drive -thru and drive -up service lanes and the adjacent roadway to
reduce the impact of the vehicles utilizing the drive -thru lanes (i.e. vehicle headlights and vehicle
cueing). Modifications to the existing berms and/or landscaping should be reviewed and
approved by the Design Review Board prior to any modifications to the existing landscaping.
Condition of Development #3.2.2 states, "The parking lot and area lighting for the commercial
development will be by high pressure sodium lighting of no more than 150 watts contained in a
historical fixture in compliance with Eagle City Code Section 8 -4 -4 -2 installed on poles no higher
than fifteen feet (15') on the perimeter of the property; except that with the approval of the Design
Review Board interior poles may be as high as twenty feet (20'). All lighting fixtures located on
the north side of the building (abutting the northern property line of the commercial development)
shall be shielded."
The condition of development was based upon Eagle City Code Section 8- 4- 4 -2(A). The
applicant should be required to retain the historical fixtures, however, in the event the 150 -watt
high pressure sodium lights are no longer the only style of light permitted within the historic
fixtures the applicant should be permitted to replace the lights with a style that is permitted within
Eagle City Code. The condition of development should be modified with language that permits
other lighting sources in accordance with Eagle City Code.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
development agreement modification. Staff will recommend that an Amended and Restated Development
Agreement be executed with the conditions of development as provided within the staff report.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 26, 2016, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by five (5) individuals who
indicated the proposed changes will allow the owner to submit a design review application to allow
modifications to the perimeter landscaping. If approved, the modifications to the existing perimeter
landscaping will allow for more visibility of the businesses by travelers traveling on the adjacent
roadways. One (1) of the individuals indicated that if modifications to the existing landscaping were
approved the existing bank located on site would remain at that location. Additionally, a modification of
the existing perimeter landscaping would allow for more visibility of the shopping center signage. The
tenants of the shopping center would also like to work with the City to improve the viability of the
shopping center.
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in opposition to nor in favor of the proposal was presented to the City Council by
one (1) individual who indicated that part of the issue with the viability of the shopping center is
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ingress /egress that has been compromised due to the Idaho Transportation Department installing medians
on the roadways located adjacent to the site. The individual also indicated they have a concern in regard
to compromising the existing landscaping located on the perimeter of the site.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ -95 MOD3 for a development agreement modification for Alturas
Eagle Marketplace, LLC, with the following conditions to be placed within an amended and restated
development agreement with underline text to be added by the Council and strike through text to be deleted
by the Council:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat review, 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 within the Agreement.
3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for Eagle Marketplace. 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, and notice shall be provided as may be required by the City.
3.3 Modifications to Tthe existing grass- covered berms located adjacent to Eagle Road and Chinden
Boulevard shall remain between twe feet (2') and r o f f (4') in t,eight r, edifi,.afiens to th
shall be reviewed and approved by the Design Review Board prior
to any modifications to the existing landscaping in order to ensure adequate screening is maintained.
3.3.1 All drive through uses shall be screened from the adjacent street by a minimum forty-eight
inch (48 ") buffer (measured from the drive aisle and composed of a (berm, decorative block
wall, cultured stone, decorative rock, eF similarly designed concrete wall or evergreen hedge)
between the drive - through lanes and the adjacent roadway to reduce the impact of the
vehicles utilizing the drive - through lanes (i.e. vehicle headlights and vehicle cueing).
3.4 All parking lot and area lighting for the commercial development shall be contained in a historical
fixture in compliance with Eagle City Code Section 8- 4- 4 -2(A) installed on poles no higher than
fifteen feet (15') on the perimeter of the property; except that with the approval of the Design Review
Board interior poles may be as high as twenty feet (20'). All lighting fixtures located on the north
side of the building (abutting the northern property line of the commercial development) shall be
shielded.
3.5 All public announcements, paging system, and music systems that can be heard outside shall not
exceed 67 dBA from any location more than 50 feet outside of the commercial development.
3.6 No building shall have more than one story, and shall not exceed twenty -eight feet (28') in height,
including rooftop mechanical fixtures and equipment and screening for same, but excluding
architectural treatments, which shall not exceed thirty-five feet (35') in height. The height of any
building constructed on a separate pad fronting Eagle Road and/or Chinden Boulevard is further
limited to a height not to exceed twenty feet (20'), including rooftop mechanical fixtures and
equipment and screening for same, but excluding architectural treatments, which shall not exceed
twenty -five feet (25') in height. All rooftop mechanical fixtures and equipment shall be adequately
screened so as not to be visible from the ground at a distance of 200 yards from the base of the
building.
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3.7 A masonry wall not less than eight feet (8') in height shall be located behind the loading docks located
to the rear of the in -line or primary building to screen the loading dock areas from the adjacent
properties.
3.8 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 Neighborhood Business
District and General 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 and C -2 MU 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 and C -2 MU zoning designation shall
require a conditional use permit.
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
• Automotive, Mobile Home, Travel Trailer, and/or Farm Implement Sales
• Automotive Repair
• Automotive Washing Facility
• Bar (except if incidental to a restaurant use)
• Billiard or Pool Hall
• Machine Shop Massage-
Spa-S
torage
Warehouse or Industrial Uses
3.9 No business in the commercial development shall be open for business to the public between the hours
of 12:00 midnight to 6:00 a.m. No deliveries or service trucks may be permitted in the commercial
development after 8:00 p.m. or before 6:00 a.m. on weekdays and between the hours of 6:00 p.m. to
8:00 a.m. during weekends and holidays.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ -95 MOD3)
development agreement modification 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 zoning designations of C -1 -DA and C -2 -DA are in accordance with the Commercial
classification 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 public facilities exist to serve any and all uses allowed on this property under
the zone.
c. The C -1 -DA and C -2 -DA zones have previously been determined to be compatible with the zoning
and land uses to the south, north, west and east;
d. The land is not located within a "Hazard Area" or "Special Area" as described within the
Comprehensive Plan; and
e. No non - conforming uses are expected to be created with this modification to the development
agreement.
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DATED this 9' day of February 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway; Mayor
ATTEST:
haron K. ergmann, Eagle City Cle
OF
G � i
�SEgL ;
-"�$'000000 4,$ I'D
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