Findings - CC - 2016 - RZ-06-99 MOD - Development Agreement ModificationBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION FOR DOUGLAS B. CLEGG
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-06-99 MOD
The above -entitled development agreement modification application came before the Eagle City Council for
their action on October 11, 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:
Douglas B. Clegg, represented by Jay Walker with AllTerra Consulting, is requesting a development
agreement modification to allow a right -in only access from SH -55, remove Condition of
Development 2.5, and add a building elevation as an exhibit to the development agreement. The .93 -
acre site is located at the southeast corner of East Hill Road and SH -55 at 2805 and 2809 East Hill
Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 23, 2016.
C. NOTICE OF PUBLIC HEARING:
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 September 26,
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 September 26, 2016. The site was posted in accordance with the Eagle City
Code on September 26, 2016.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 9, 1999, the City Council approved a comprehensive plan amendment from Industrial
to Commercial for this site (CPA -06-16).
On January 11, 2000, the City Council approved a rezone from R-4 (Residential) and M -1A
(Industrial Park District) to C -3 -DA (Highway Business District with a development agreement) for
Sharon Patterson (RZ-06-99).
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
E. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
F. TOTAL ACREAGE OF SITE: .93 -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 September 23, 2016, (attached to the
staff report).
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Utilities and services will be required to be installed.
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.
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
N. LETTERS FROM THE PUBLIC: None.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Commercial
C -3 -DA (Highway Business
Vacant parcels
District with a development
agreement)
Proposed
No Change
No Change
Convenience store/fuel
island
North of site
Business Park
BP (Business Park)
Vacant parcel
South of site
Business Park
BP -DA (Business Park with
Storage facility (Storage 55)
a development agreement)
East of site
Business Park
BP -DA (Business Park with
Storage facility (Storage 55)
a development agreement))
West of site
Mixed Use
MU -DA -P (Mixed Use with
SH -55 and Picaddilly
a development agreement —
Village Subdivision
PUD)
(Commercial area)
E. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
F. TOTAL ACREAGE OF SITE: .93 -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 September 23, 2016, (attached to the
staff report).
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Utilities and services will be required to be installed.
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.
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
N. LETTERS FROM THE PUBLIC: None.
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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 currently designates this site as:
Commercial
Suitable primarily for the development of a wide range of commercial activities including offices,
retail and service establishments. Uses should complement uses within Downtown Eagle.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-1-2: Rules and Definitions:
AUTOMOTIVE FUEL ISLANDS: A retail fuel sales facility typically including a small kiosk
building covered by a canopy.
AUTOMOTIVE GAS STATION/SERVICE SHOP: Buildings and premises where gasoline,
oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail
and where, in addition, the following services may be rendered and sales made:
A. Sales and service of spark plugs, batteries and distributors' parts;
B. Tire servicing and repair, but not recapping or regrooving;
C. Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses,
floormats, seat covers, windshield wipers and blades, grease retainers, wheel bearings,
mirrors and the like;
D. Radiator cleaning and flushing;
E. Washing, polishing and sale of washing and polishing materials;
F. Greasing and lubrication;
G. Providing and repairing fuel pumps, oil pumps, lines;
H. Minor servicing and repair of carburetors;
I. Adjusting and repairing brakes;
J. Minor motor adjustment not involving removal of the head or crankcase or racing the motor;
K. Sales of cold drinks, packaged food, tobacco and similar convenience goods for service
station customers, as accessory and incidental to principal operations;
L. Provisions of road maps and other informational materials to customers and provision of
restroom facilities; and
M. Warranty maintenance and safety inspections.
Uses permissible at an automotive gas station/service shop do not include major mechanical and
body work, straightening of body parts, painting, welding, storage of automobiles not in operating
condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent
greater than normally found at an automotive gas station/service shop. An automotive gas
station/service shop is not a repair garage nor a body shop.
CONVENIENCE STORE: Retail sales of food, beverages and small convenience items typically
found in establishments with long or late hours of operation.
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• Eagle City Code, Section 8-2-1: Districts Established, Purposes and Restrictions:
C-3 HIGHWAY BUSINESS DISTRICT: To permit the establishment of areas for travel related
services such as hotels, motels, service stations, drive-in restaurants, offices, limited
warehousing, commercial services and retail sales. This district is specifically designed in
clusters to service the motoring public on major streets. Uses that compete with the uses allowed
within the CBD zoning district shall be discouraged.
• Eagle City Code, Section 8-2-3: Schedule of District Use Regulations:
Convenience store with fuel service is a permitted use within the C-3 (Highway Business District)
zoning designation.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2.1 The Applicant shall submit a Design Review application for the site (as required by the Eagle
City Code), and shall comply with all conditions required by Eagle as a part of the Design Review
prior to issuance of a certificate of occupancy.
2.2 The Applicant shall install adequate buffering, as may be required by the City, along the south
and east property lines to buffer the adjacent residential and agricultural areas.
2.3 Except as otherwise may be stipulated herein, 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.
2.4 The applicant shall provide a recorded cross access easement for the parcel to the east to use the
parcel for access to the public streets prior to issuance of a building permit.
2.5 The project shall be submitted under a conditional use permit.
D. DISCUSSION:
The existing executed development agreement is associated with a rezone which was approved
in January of 2000. The development agreement (instrument #100009656) was executed in
February of 2000 and recorded February 8, 2000. The concept plan associated with the executed
development agreement shows a convenience store/fueling station; however, the conditions of
development do not identify a specific use. The conditions of development contained within the
development agreement requires the following: 1) submittal of a design review application, 2)
provide buffering adjacent to the south and east property lines to provide a buffer to the adjacent
residential and agricultural areas, 3) provide a recorded joint use access easement for the parcel
to the east to share an access point to the public street (ACHD subsequently granted a separate
access point for the adjacent property located east of the site), and 4) a conditional use permit be
submitted for any projects on the site. Since 2000 several zoning ordinance amendments have
occurred and a few of the standard conditions of development typically contained within a
development agreement have been modified. If the Council approves the requested development
agreement modification, staff recommends that an amended and restated development agreement
be executed to update the existing development agreement and to acknowledge the current owner.
The subject site consists of two (2) vacant parcels which have a C -3 -DA (Highway Business
District with a development agreement) zoning designation. The two (2) parcels each have a
single access point to East Hill Road one (1) of which will be eliminated at the time of
development of the site. The concept plan associated with the executed development agreement
(instrument #100009656) shows no access to State Highway 55 and a single access point to East
Hill Road located at the northeast corner of the site. Prior to submittal of the application the
applicant has been working with the Idaho Transportation Department (ITD), District 3, to obtain
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a right -in only access permit for the site from State Highway 55. The TTD access approval permit
is contingent upon the city approving the development agreement modification to allow the
concept plan to be modified showing an access point to the highway. The applicant is requesting
to modify the concept plan to show an access point from State Highway 55 located at the
southwest corner of the site. As previously discussed, the access is proposed to be a right -in only
access point from State Highway 55, therefore; if the Council approves the applicant's request to
allow for a new concept plan showing an access point to State Highway 55 the development
agreement modification should contain a condition of development limiting the access to the
highway located at the southwest corner of the site to be right -in only.
• Condition of development #2.2 requires the applicant to install adequate buffering along the south
and east property lines to buffer the adjacent residential and agricultural areas. Since that time a
storage facility has been constructed on the adjacent property located to the east and south of the
subject site, therefore, the site is currently buffered to the south and east by a solid wall associated
with the storage facility.
Condition of development #2.4 requires that in the event the parcel located to the east is
commercially developed, the applicant is required to provide a recorded joint use access easement
for the parcel to the east to use the applicant's parcel for access to the public street. Since that
time the parcel to the east has been developed with a storage facility. ACHD approved a separate
access to serve the storage facility and did not require a shared access point with the subject site.
Staff recommends condition of development #2.4 be deleted.
The applicant is requesting to remove condition of development #2.5 which requires the applicant
to submit a conditional use permit to develop a project on the site. Pursuant to Eagle City Code
Section 8-2-3, a convenience store with fuel service is a permitted use. The applicant should be
required to submit a design review application to be reviewed and approved by the Design
Review Board prior to the issuance of a building permit. Staff recommends that condition of
development #2.5 be deleted.
The proposed convenience store/fuel island is located on an entry corridor to the city. The
applicant has submitted building and fuel island canopy elevations, date stamped by the city on
October 5, 2016, which depict the style of architecture for the convenience store and design of
the fuel island canopy. The provided elevation of the proposed convenience store is not in
conformance with any of the required architectural styles identified within the Eagle Architecture
and Site Design Book (EASD). Staff recommends the applicant provide a revised building
elevation showing an architectural style that is in conformance with one (1) of the architectural
styles shown in the EASD Book. The development agreement should contain a condition of
development that identifies the style of architecture associated with the convenience store with
an exhibit to the development agreement. The condition of development should also require that
the fuel island canopy should be architecturally compatible with the convenience store and should
not be internally illuminated.
The concept plan associated with the executed development agreement (instrument #100009656)
shows a landscape buffer area located around the perimeter of the site with the exception of the
entrance to Hill Road. The applicant should be required to provide a landscape buffer area as
shown on the existing concept plan with the exception of the access driveways. The landscaped
buffer area located adjacent to SH -55 and East Hill Road should consist of a three foot (3') high
landscaped berm (measured from the centerline of SH -55 and East Hill Road). The berm area
should be landscaped with the following plants per one hundred (100) linear feet of right of way:
two (2) shade trees, three (3) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with one (1) flowering/ornamental tree, provided that not more than fifty
percent (50%) of the shade trees are substituted. The landscape plan should be reviewed and
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approved by the Design Review Board prior to the issuance of a zoning certificate.
• The applicant should be required to comply with all requirements of the Ada County Highway
District, including but not limited to approval of drainage systems, curbs, gutters, streets, and
sidewalks.
As previously identified the proposed convenience store/fuel island will be located adjacent to
an entry corridor to the city. The concept plan associated with the executed development
agreement (instrument #100009656) was based on not having an access drive from SH -55. The
fuel island was shown to be located at the northwest corner of the subject site in proximity to the
corner of SH -55 and East Hill Road. The convenience store was shown to be located at the
southeast corner of the site. The subject site is bordered at the eastern and southern property lines
by the Storage 55 storage facility (See Exhibit "1"). Based on the site plan, date stamped by the
city on September 23, 2016, the convenience store will be screened from the east and the south
by the Storage 55 storage facility and the fuel island will be in full view from the adjacent
roadways. The Jackson's food store located at the intersection of West Myrtle Street and South
Capitol Boulevard, in the City of Boise, has the convenience store located at the northeast corner
of the lot in proximity to the intersection and the fuel island is located at the southwest corner of
the lot which is screened from view from the adjacent roadways by the convenience store (See
Exhibit "2"). Since 1) the subject site is located on an entry corridor, 2) the subject site is bordered
on two property lines by a structure which provides additional screening, and 3) the applicant is
required to design the convenience store to be in conformance with one (1) of the required
architectural styles identified in the Eagle Architecture and Site Design Book, the applicant
should be required to provide a revised concept plan showing the convenience store located at
the northwest corner of the site and the fueling station located at the southeast corner of the site
prior to execution of the development agreement.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the following
modifications to the development agreement with a revised Concept Plan (Exhibit `B") showing the
convenience store located in proximity to the northwest corner of the site and the fuel island located in
proximity to the southeast corner of the site, two (2) new exhibits (building elevation Exhibit "D", fuel
canopy elevation Exhibit "E"). Staff recommends 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 October 11, 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 no one (not including the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in opposition to nor in favor of the proposal was presented to the City Council by
one (1) individual who indicated they were not notified of the public hearing. They also requested that
the City Council require a buffer berm to be located adjacent to the east and south property lines (Storage
55 facility).
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-06-99 MOD for a development agreement modification for Douglas
B. Clegg, 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:
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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 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 within this Agreement.
3.2 Owner shall complete the Design Review process for the site (as required by the Eagle City Code), and
shall comply with all conditions required by Eagle as a part of the design review prior to issuance of a
building permit.
3.3 The Concept Plan (Exhibit B) 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
or be required. 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.
3.4 The eenvenienee store shall be leeated at the HeAwest eemer- of the Pr-epeFty and the hieling statien shall
be l,.e tea .,t the southeast eemer- of the Prep ..t_. Owner shall provide a recorded cross access easement
for the parcel to the east to use the parcel for access to the public streets prior to issuance of a building
Wit.
3.5 Owner shall provide an approved Idaho Transportation Department access permit to allow access to State
Highway 55 prior to construction of improvements on the Property.
3.5.1 The access to State Highway 55 shall be right -in only and shall be located in proximity to the
southwest corner of the site.
3.5.2 Owner shall comply with all requirements of the Idaho Transportation Department, including but
not limited to approval of drainage systems, curbs, gutters, streets, and sidewalks.
3.6 Owner shall provide a landscape buffer area located adjacent to SH -55 and East Hill Road. The
landscaped buffer area shall consist of a three foot (3') high landscaped berm (measured from the
centerline of SH -55 and East Hill Road). The berm area shall be landscaped with the following plants per
one hundred (100) linear feet of right of way: two (2) shade trees, three (3) evergreen trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with one (1) flowering/ornamental tree,
provided that not more than fifty percent (50%) of the shade trees are substituted. The landscape plan
shall be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate.
3.7 Owner shall comply with all requirements of the Ada County Highway District, including but not limited
to approval of drainage systems, curbs, gutters, streets, and sidewalks.
3.8 The eefivenienee store shall be eenstmeted utihzing '
D_.
3-.943.8 The canopy associated with the fuel islands (ENNbit E) shall be architecturally compatible with
the convenience store. The proposed architecture of the fuel canopy shall be reviewed and
approved by the Design Review Board prior to the issuance of a zoning certificate.
3.8.1 The canopy associated with the fuel islands or signage contained within the canopy
associated with the fuel islands shall not be internally illuminated.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-06-99 MOD)
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:
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a. The zoning designations of C -3 -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 -3 -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.
DATED this 25`h day of October 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Id
e
Stan Ridgeway, Mayor
ATTEST:
haron K. Bergmann, Eagle Vity Clerk
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