Findings - CC - 2017 - RZ-04-17 - Rezone From Mu To Mu-Da In Lieu Of A PudBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A REZONE FROM MU (MIXED USE)
TO MU -DA (MIXED USE WITH A
DEVELOPMENT AGREEMENT [IN LIEU
OF A PUD] FOR JACKSONS FOOD STORES
/SCOTT STOM
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-04-17
The above -entitled rezone application came before the Eagle City Council for their action on July 25,
2017, 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:
Jacksons Food Stores/Scott Stom, represented by Todd Lakey with Borton-Lakey Law and Policy,
is requesting a rezone from MU (Mixed Use) to MU -DA (Mixed Use with a development
agreement [in lieu of PUD]) for Mustang Crossing mixed use commercial development, which
includes a convenience store with fuel service. The 11.22 -acre site is located on the northeast
corner of Park Lane and State Highway 44, on Lots 1, 4, and 9 of the Amended Plat of Flint
Estates, at 3950 W. State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held onsite at 6:00 PM, on Tuesday, April 18, 2017, in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on April 20, 2017.
C. NOTICE OF PUBLIC HEARING:
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 May 20, 2017. 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 May 17, 2017. Requests for agencies' reviews
were transmitted on April 25, 2017, in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with Eagle City Code on May 25, 2017.
Notice of Public Hearing on the 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
July 6, 2017. 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 May 22, 2017. The site was posted in accordance with the
Eagle City Code on July 5, 2017.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 18, 2007, the City Council approved a comprehensive plan text amendment, rezone
with development agreement (in lieu of a PUD) and preliminary plat for Millpark Village
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Subdivision (CPA-01-07/RZ-07-07/PP-09-07).
On October 14, 2008, the City Council approved an extension of time for the preliminary plat for
Millpark Village Subdivision to be valid until December 18, 2009.
On March 9, 2010, the City Council approved an extension of time application for Millpark
Village Subdivision until December 18, 2010 (EXT -28-09).
On January 11, 2011, the City Council approved an extension of time for the preliminary plat for
Millpark Village Subdivision to be valid until December 18, 2011 (EXT -13-10).
The original executed development agreement (Instrument #108005081) associated with the
property expired on January 15, 2015.
E. COMPANION APPLICATIONS:
Lot Line Adjustment to adjust the original lot line between Lots 1 and 9, Block 2, Amended Plat
of Flint Estates Subdivision (LLA -04-17).
Vacation of the public utility, irrigation, and drainage easement located along the common side lot
line of Lots 1 and 9, Block 2, Amended Plat Flint Estates Subdivision (VAC -02-17).
F. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE:
See justification letter dated April 20, 2017, provided by the applicant's representative (attached to
the staff report).
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant is requesting a development agreement to ensure that the development of the
property including the commercial and professional uses, and proposed structures are consistent
with the comprehensive plan and compatible with existing and future development. The applicant
has also provided a draft copy of a development agreement with details regarding the use of the
property (see development agreement, date stamped by the city on April 20, 2017 [attached to the
staff report]).
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H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
COMP PLAN
DESIGNATION
Mixed Use and Scenic
Corridor
No Change
North of site Mixed Use
South of site Mixed Use
East of site Mixed Use
West of site Mixed Use
ZONING
DESIGNATION
MU (Mixed Use)
MU -DA (Mixed Use with
Development Agreement [in
lieu of a PUD])
MU -DA (Mixed Use with a
development agreement)
MU -DA (Mixed Use with
Development Agreement) and
PS (Public/Semipublic)
MU -DA (Mixed Use with
Development Agreement)
RUT (Rural -Urban Transition
— Ada County designation)
1. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
J. SITE DATA:
Total Acreage of Site — 11.22 -acres
Total Number of Lots — 3 (existing parcels)
Residential — 0
Commercial — 3
Industrial — 0
Common — 0
Total Number of Units - 0
Single-family — 0
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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LAND USE
Single-family residence and
vacant lot
Mixed use commercial
development
Warrior Park Subdivision
(residential and
commercial), single-family
residence, and senior
housing
Camille Beckman and
Eagle Island State Park
Arts West Subdivision
(commercial)
Single-family dwelling and
pasture
K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary site plan, date stamped by the city on April 20, 2017, shows a 20 -foot wide
landscape/drainage swale located adjacent to SH -44. The preliminary site plan also shows a 10 -
foot wide landscape buffer area located adjacent to the north property line.
Open Space:
There are no common lots dedicated to open space. A minimum of 10% of landscaping is required
on all commercial projects. The landscaping may consist of hardscape plaza areas, such as
decorative concrete/paver patios that are integrated into the design of the landscaped area.
Commercial Area:
The Preliminary Site Plan, date stamped by the city on April 20, 2017, shows ten (10) commercial
building footprints. The site is divided from east to west by a drive aisle which provides cross
access throughout the site. The majority of the parking areas are located between the central drive
aisle and the proposed commercial building. The preliminary site plan shows a six-foot (6') wide
sidewalk located adjacent to SH -44 and a five-foot (5') wide sidewalk located adjacent to North
Park Lane.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,
will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be
reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code Section 9-3-6 requires utility easements to be not less than 12 -feet wide. All
utilities including power are required to be placed underground.
Fire Hydrants and Water Mains:
The preliminary site plan, date stamped by the city on April 20, 2017, does not show the location
of fire hydrants or proposed water mains. Fire hydrants should be installed and approved as
required by the Eagle Fire Department. The proposed development is located within the Suez
Water Company water service area.
On-site Septic System (yes or no) — No
Pressurized Irrigation:
The applicant will be required to provide pressurized irrigation for the proposed landscaping
located throughout the site.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the
subdivision.
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Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
L. STREET DESIGN:
Public Streets:
The preliminary site plan, date stamped by the city on April 20, 2017, shows an ACHD right-of-
way providing a connection from N. Park Lane to the public street located within Warrior Park
Subdivision to the north.
Blocks Less Than 500': None
Cul-de-sac Design: None proposed.
Sidewalks:
The preliminary site plan, date stamped by the city on April 20, 2017, shows a six-foot (6') wide
sidewalk located adjacent to the north side of the landscape drainage swale located adjacent to SH -
44. The sidewalk also provides connectivity to the six-foot (6') wide sidewalk located within Arts
West Subdivision to the east. The preliminary site plan also shows a five-foot (5') wide sidewalk
located adjacent to N. Park Lane (a portion of which is attached) and five-foot (5') wide sidewalks
located adjacent to the drive aisles throughout the site.
Curbs and Gutters:
Curbs and gutters will be required adjacent to the drive aisles as part of the design review process.
Lighting:
Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided
to the City Zoning Administrator with the submittal of a design review application.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to date.
M. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways/Pathways: See "Sidewalks" above.
Bike Paths: None proposed.
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
N. PUBLIC USES PROPOSED: None proposed.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is located within the Suez Water Company's certificated water service area. The
property is located within the boundaries of the Eagle Sewer District and can be served by an
existing trunk line located south of the property on State Highway 44.
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Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes — located in proximity to the existing residence at the southwest corner of the
property.
Riparian Vegetation - no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required.
S. 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
Ballentyne Ditch, LTD
Central District Health
COMPASS (Communities in Motion 2040 Development Checklist)
Department of Environmental Quality
Eagle Fire Department
Republic Services
Tesoro Logistics NW Pipeline
T. LETTERS FROM THE PUBLIC: None received to date.
U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the convenience store with fuel service as part of the first
phase. It is unknown when the remaining portion of the property will be developed.
V. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
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.
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5. That the development 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.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
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 02-10-15) designates this site as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within the Central Business District (CBD).
Development within this land use designation should be required to proceed through the PUD
and/or Development Agreement process, see specific planning area text for a complete description.
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.
• Chapter 6 — Land Use
6.4 Land Use Goals
D. Preserve the function of regionally significant roadways transecting the City while
ensuring compatibility with land uses and design standards of the City.
6.5 Land Use Implementation Strategies
E. Signage for non-residential uses should be incorporated as a master sign plan rather than
individual signs when located along State Highways and entry corridors.
X. Limit non-residential uses to designated areas, with scaling and intensity paramount to the
approval of these uses.
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Y. Require design treatments to provide compatibility of new development with existing
development by considering such issues as building orientation, increased setbacks, height
limitations, size restrictions, design requirements, fencing, landscaping or other methods
as determined through the development review process.
Z. Subject all commercial and subdivision development within the City to Design Review.
6.8 Land Use Sub Areas
6.8.1 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community
commercial, professional office, and a variety of residential densities. The vision for the
area is to recognize the activity center created by Eagle High School and existing
development approved by Ada County and to provide compatible land uses at densities
that accommodate pedestrian scale design and future mass transit.
A. Uses
The land use and development policies specific to the Park Lane Planning Area include
the following:
3.Flint Drive shall be preserved primarily as a residential street while properties abutting
State Street should include a mix of residential uses, commercial uses limited to
lease spaces no larger than 30,000 square feet and office uses that promote trip
capturing. The properties abutting State Street shall be reviewed and conditioned by
the City through the use of a development agreement at the time of rezone.
4. The roadway network along State Street east of Park Lane should be designed to
provide internal circulation with no individual lot access to State Street. A cross
access agreement with limited access points at Park Lane and at State Street, in
alignment with the future Eagle Island State Park entrance, is necessary to provide
access to the retail uses.
B. Design
1. Flint Estates Area:
a. The Flint Estates area adjacent to State Highway 44 should be designed to provide
commercial uses that encourage pedestrian circulation from the residential and
high school areas, and to complement the existing mixed use areas at State Street
and Park Lane (Camille Beckman) and planned new residential uses adjacent to
the north.
b. Street trees, benches and sidewalks are encouraged within the Park Lane Planning
Area.
c. Common parking areas at the sides of buildings and joint parking agreements
should be encouraged so walking distances between buildings are minimized and
provide a pedestrian scale to the area.
d. Activity and building orientation should focus on internal circulation roads rather
than the regional transportation network. Flint Drive is to remain primarily a
residential roadway.
e. On -street parking should be encouraged where sufficient right of way is available.
f. Signage should be done as a master sign plan rather than individual signs located
along State Highway 44/State Street.
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g. Transitional residential densities and design elements (berms, fences, etc.) should
be used to provide buffering to residential areas to the east and north of the mixed
use area.
C. Access
1. Access to and through should be limited to existing roads (Old Valley Road, Park
Lane and Linder Road); no direct access from State Street/ Highway 44 shall be
permitted unless a new access point is designated by the State of Idaho for Eagle
Island State Park.
2. The area to the north of State Highway 44 should require the construction of a
frontage road (similar to Old Valley Road) that removes individual property
access to State Highway 44. This high density area shall provide internal
circulation and connectivity to the residential areas to the north.
3. Cross -access agreements and shared service roads should be encouraged
throughout the area.
D. Issues
If individual lot access is allowed to State Highway 44, the ability to function as a node,
encouraging both pedestrian and vehicular traffic, will be lost. The city should establish
phasing criteria for the north and south portions of the mixed use area to ensure that they
are not over saturating the market before the supporting residential development occurs.
• Chapter 12 — Community Design
12.1 Background and Vision
Entryway corridors are arterial roadways that introduce both visitors and residents to Eagle.
City entryways include State Highways 44 (State Street and Alternate Route), State Highway
16, and 55 (Eagle Road). The landscaping (or lack thereof), commercial signage and
building character of these entrances provide the first, and often the most lasting,
impressions of the entire community. The City of Eagle has the opportunity to improve the
appearance of the entryways by establishing guidelines for development and redevelopment
that occurs along these entryway corridors.
Development will occur in the downtown as well as along arterials. City growth and
increased traffic levels on Highway 44 and Highway 55 will stimulate demand for new
development along these entrances. These same corridors have great potential for more
intensive mixed-use development.
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural beauty
and small town character of the City.
Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve the
function of regionally significant roadways through the City while ensuring compatibility
with land uses and design standards of the City.
12.4 Implementation Strategies
g. Discourage excessively large single entity businesses that would jeopardize the
competitive business environment.
j. Develop buffer and transition zones between conflicting types of land use.
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y. Ensure that commercial development is scaled appropriately to the intended regional,
community and neighborhood use.
z. Limit non-residential uses to designated areas and make scaling and intensity of use
paramount criteria during the review and approval process.
cc. State Highway 44, State Highway 20/26, State Highway 16 and the proposed east west
collector are designed as scenic corridors requiring landscaped setback and separated
meanderings sidewalks.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Defmitions:
AUTOMOTIVE FUEL ISLANDS: A retail fuel sales facility typically including a small kiosk
building covered by a canopy.
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:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office,
limited commercial, and residential. This district is intended to ensure compatibility of new
development with existing and future development. It is also intended to ensure assemblage of
properties in a unified plan with coordinated and harmonious development which shall promote
outstanding design without unsightly and unsafe strip commercial development. Uses should
complement the uses allowed within the CBD zoning district. All development requiring a
conditional use permit in the MU zoning district, as shown in section 8-2-3 of this chapter, shall
occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of
this title unless the proposed development does not meet the area requirements as set forth in
section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with adjacent
parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional
use permit shall be required unless the proposed use is shown as a permitted use in the MU zoning
district within section 8-2-3 of this chapter. Residential densities shall not exceed ten (10) dwelling
units per gross acre. When a property is being proposed for rezone to the MU zoning district a
development agreement may be utilized in lieu of the PUD and/or conditional use process if
approved by the city council provided the development agreement includes conditions of
development that are required during the PUD and conditional use process.
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
Convenience Store with Fuel Service is a prohibited use in the MU (Mixed Use) zoning district.
• Eagle City Code Section 8-6-4: Uses Permitted:
All uses that may be allowed within the land use district are permitted within a PUD. Also, up to
ten percent (10%) of the gross land area may be directed to other commercial, office, public and
quasi -public uses that are not allowed within the land use district; provided, that there is a
favorable fmding by the Council:
A. That the uses are appropriate with the residential uses;
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B. That the uses are intended to serve principally the residents of the PUD;
C. That the uses are planned as an integral part of the PUD;
D. That the uses be located and so designed as to provide direct access to a collector or an arterial
street without creating congestion or traffic hazards; and
E. That a minimum of fifty percent (50%) of the residential development occurs prior to the
development of the related commercial or office land uses.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations for the MU
(Mixed Use) zone:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Sq. Width I*
Ft.) G And
H*
1MU 1135' 1
20'
20'
17.5'
20'
150% 115,000
• Eagle City Code Section 8-2A-7 (J): Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically
separate and visually screen adjacent land uses which are not fully compatible due to differing
facilities, activities, or different intensities of use, such as townhouses and a convenience store,
or a high volume roadway and residential dwellings.
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use, a ten foot (10') wide by six
foot (6') high landscaped buffer is required.
b. When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
• Eagle City Code Section 8-2A-7 (K): Parking Lot Landscaping:
1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street
parking:
Parking should be located to the side and rear of buildings and shall be screened so that it does
not dominate the streetscape. Fences, hedges, berms, and landscaping may be used to screen
parking areas (chainlink fencing shall not be permitted). In the design of large parking areas,
arrange bays of parking spaces to be separated by landscaping. When parking lots occur on
sloping terrain, step the parking lots to follow the terrain rather than allowing the lot surface to
extend above natural grade.
2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located
adjacent to a public right of way. The landscaped strip shall serve to shield views of parked
cars to passing motorists and pedestrians, and to establish coordination among architecturally
diverse buildings, which creates a pleasing, harmonious appearance along the roadway.
Four (4) options are provided for fulfilling this requirement:
a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot,
and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear
feet of frontage, excluding driveway openings.
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b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1 slope)
within a ten foot (10') wide landscaped strip between the right of way and the parking lot,
and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear
feet of frontage, excluding driveway openings.
c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop from
the right of way to the parking lot, and plant with a minimum of one shade tree and five
(5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings.
d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete
along with a four foot (4') wide landscaped strip between the right of way and the parking
lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear
feet of frontage, excluding driveway openings.
• Eagle City Code Section 8-3-3: Supplemental Yard and Height Regulations:
In addition to all yard regulations specified in section 8-2-4 of this title, and in other sections
of this title, the following provisions shall be adhered to:
D. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a residential district; except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or
screening approved by the council is provided. Such screening shall be a masonry or solid
fence between four (4) and eight feet (8') in height, maintained in good condition and free
of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall
consist of a strip of land not less than twenty feet (20') in width planted with an evergreen
hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the
time of planting.
• Eagle City Code Section 8-4-6: Additional Loading Space Regulations and Requirements:
A. Use Of Parking Space To Satisfy Requirements Prohibited: In no case shall the required
off street loading berths be part of the area used to satisfy the off street parking
requirements.
B. Location: The off street loading facilities required for the uses mentioned shall not project
into the public right of way or setback area.
C. Size: The size of an off street loading space shall not be less than the following, exclusive
of access platform and loading area:
(Width: 1112 feet
1Length:1135 feet or 65 feet (see subsection D of this section)
(Width: 1 115 feet
D. Access:
1. Convenient access to loading spaces from streets or alleys shall be provided. They
shall not be less than twelve feet (12') in width.
2. Design and location of entrances and exits for required off street loading areas shall be
subject to review of the administrator.
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E. Loading Space Requirements And Dimensions: Off street loading spaces for
commercial uses shall be provided in accordance with the following table:
Gross Floor Area (Square Feet)
114,000
136,001
160,001
(Quantity And Type
*1
11- 1136,00011(1)B 1
11- 1160,00011(2)B 1
11- 11100,00011(2)B and (1)A1
For each additional 75,000 or fraction thereof, an additional type A space will be
provided.
• *1. Type B spaces are 35 feet in length.
• Eagle City Code Section 8-7-3-3: Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential development and
enhance the attractiveness of the community (such as trees, watercourses, historic spots and
similar irreplaceable assets) shall be preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large scale developments,
the council may require sufficient park or open space facilities of acceptable size, location and
site characteristics that may be suitable for the proposed development.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code, Section 9-3-7 Planting Strips and Reserve Strips:
Planting strips and reserve strips shall conform to the following standards:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed next to
incompatible features such as highways, railroads, commercial or industrial uses to screen the
view from residential properties and to provide noise mitigation for those residents. Such
planting strips/buffer areas shall be a minimum of twenty feet (20') wide unless a greater width
is required within section 8-2A-7 of this code. The landscape strip/buffer area shall not be a
part of the normal street right of way and shall comply with all landscape/buffer area
requirements within section 8-2A-7 of this code.
• Eagle City Code, Section 9-4-1-6 Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the design
of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet (8') wide and shall be located within a
sixteen foot (16') wide pedestrian access easement, however, in an area where low volume
pedestrian traffic is anticipated, the council may consider a reduction in pathway width to
six feet (6'). Regional pathways such as the Boise River greenbelt and pathways located
adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located
within a twenty foot (20') wide pedestrian access easement.
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• Eagle City Code, Section 9-6-2 Vacations and Dedications:
A. Application For Vacation Or Dedication: Any property owner desiring to vacate an existing
subdivision, public right of way or easement shall complete and file an application with the
administrator. These provisions shall not apply to the widening of any street which is shown in
the comprehensive plan, or the dedication of streets, rights of way or easements to be shown
on a recorded subdivision.
D. DISCUSSION:
• The subject site consists of three (3) lots (Lots 1 ,4, and 9, Block 2) located within the Amended
Plat of Flint Estates. The subject site was previously rezoned from A -R (Agricultural —
Residential) to MU -DA (Mixed Use with a development agreement [in lieu of a PUD]) for
Millpark Village Subdivision, a five (5) lot (17 -residential units and 12 -commercial buildings
contained on 5 -lots) mixed use subdivision. The development agreement was executed and both
the development agreement and preliminary plat subsequently expired. The applicant has
requested a rezone with development agreement (in lieu of a PUD) to provide a new development
agreement associated with the site. As part of the proposed development, the applicant is
requesting to permit a convenience store with fuel service to be located on up to ten percent (10%)
of the site pursuant to Eagle City Code Section 8-6-4 (Uses Permitted). The development
agreement for this development will be used in lieu of a planned unit development (PUD).
Development agreements are a discretionary tool used by the Council as a condition of rezoning
and allow a specific product 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. Within a PUD, up to ten
percent (10%) of the gross land area may be directed to other commercial, office, public and quasi -
public uses that are not allowed within the land use district, provided that there is a favorable
finding by the City Council that the proposed uses will be compatible with the surrounding land
uses. The applicant is proposing to utilize a lot line adjustment to adjust the common lot line
located between Lot 1 and Lot 9, Block 2, Amended Plat of Flint Estates Subdivision to create a
lot that is 1.12 -acres in size for the convenience store with fuel service. The overall site is 11.22 -
acres in size. If approved, the area where the convenience store with fuel service will be a slightly
less than ten percent (10%) of the overall development. The applicant is also proposing to
construct internal access roads (drive aisles) and infrastructure from West State Street which will
provide access and services to the convenience store with fuel service. The internal access roads
(drive aisles) and infrastructure will be located outside of the property boundary of the proposed
1.12 -acre lot. If the convenience store with fuel service is approved, the applicant should be
required to construct the internal access roads (drive aisles) and services in conjunction with the
completion of the convenience store with fuel service. The internal access roads (drive aisles) and
services should be completed prior to a certificate of occupancy being issued for the convenience
store with fuel service.
• The applicant submitted a proposed development agreement, date stamped by the city on April 20,
2017. Condition of development #3.4 within that agreement addresses the following: 1) building
size, 2) setbacks, 3) maximum lot coverage, 4) minimum lot area, and 5) building height.
Item #1
The preliminary site plan, date stamped by the city shows two (2) buildings that are proposed
to be 13,980 -square feet in size. As proposed, in the event a building is proposed to be larger
than 13,980 -square feet pursuant to the condition of development a public hearing is required.
In this case, a public hearing would be required for a modification to the development
agreement. Staff recommends that the building allowable maximum square footage be
identified within the development agreement.
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Item #2
Regarding setbacks, the condition of development states, "interior zero lot line setbacks are
allowed." The condition of development further states, "exterior lot line setbacks shall be in
accordance with the City of Eagle Code provisions for the MU zone." The applicant's setback
request would be in conformance with Eagle City Code Section 8-2-4, if the project was in an
area with a commercial zoning designation. The applicant's request to base the required
setbacks from the exterior boundary would allow the applicant to plat the individual buildings
and parking area separately in the future, which would allow the parking area to be located
within a separate lot for shared parking and future operation and maintenance. Staff is
supportive of the request.
Item #3
The applicant is proposing a maximum lot coverage of 92%. Pursuant to Eagle City Code
Section 8-2-4, the maximum lot coverage within the MU (Mixed Use) zoning district is 50%.
Based on the requested setbacks, proposed uses for the site, and parking requirements for
those uses, staff is supportive of the request.
Items # 4-5
The proposed minimum lot area and building height is in conformance with Eagle City Code.
Based on the aforementioned analysis condition of development #3.4 should read as follows:
The Property as depicted on the Concept Plan is to be developed with a combination of office
and commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of
District Regulations" under the MU zoning designation (except as permitted in Section 3.5
below). Buildings shall not exceed 14,000 -square feet in size, however, the City may allow
building footprints larger than those shown on the Concept Plan after a public hearing on the
proposed change as noted in Section 3.3. Buildings in excess of 30,000 square feet are
prohibited.
The setbacks should be addressed in a new condition of development to read as follows:
3.5 The setbacks shall be as follows (as measured from the perimeter of the site):
Front (south property line) 20 -feet
Rear (north property line) 20 -feet
Side (east property line) 7.5 -feet
Street Side (west property line) 20 -feet
Side (interior) 0 -feet
Maximum coverage 92%
Maximum building height 35 -feet (any exceptions to the maximum height requires a
conditional use permit)
• Condition of development #3.5 of the applicant's proposed development, agreement, date stamped
by the city on April 20, 2017, provides a list of proposed uses that require a conditional use permit
(pursuant to Eagle City Code Section 8-2-3) that will be permitted and a list of uses that will be
prohibited. Included within the list of proposed permitted uses the applicant has listed coffee
roasting facility, convenience store with fuel service subject to limitations of PUD, mobile office,
retail/office buildings, planned unit development, research and development, and winery. A
convenience store with fuel service is a prohibited use within the MU (Mixed Use) zoning district
and should not be included within the list. The proposed development agreement is being utilized
in lieu of a PUD — with the approval development agreement a planned unit development is a
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permitted use and does not need to be listed. The applicant has listed retail sales general/limited as
a permitted use and office is a permitted use pursuant to Eagle City Code Section 8-2-3; therefore,
retail/office buildings does not need to be listed as a permitted use. The proposed research and
development use is not defined nor listed as a use within Eagle City Code; therefore, the proposed
research and development use should be removed from the proposed permitted uses. In regard to a
coffee roasting facility, mobile office, and winery, these uses may involve processes or locations
that may need to be addressed through a public hearing process. The applicant should be required
to obtain a conditional use permit for the approval of a coffee roasting facility, mobile office, and
winery based on the required standards for an approval of a conditional use permit. Staff
recommends that a coffee roasting facility, mobile office, and winery be removed from the list of
permitted uses.
• The preliminary site plan, date stamped by the city on April 20, 2017, shows the landscape buffer
line located adjacent to the northern boundary of the site at 10 -feet in width. The footprints of the
proposed buildings are shown to be 20 -feet from the northern property line. Condition of
development #3.11 of the applicant's proposed development agreement, date stamped by the city
on April 20, 2017, states in part, "the development shall include a ten foot (10') wide buffer area
adjacent to the northern boundary of the Property as noted on the Concept Plan." Pursuant to Eagle
City Code Section 8-3-3(D), nonresidential buildings or uses shall not be located nor conducted
closer than forty feet (40') to any lot line of a residential district; except that the minimum yard
requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping
or screening approved by the council is provided. Such screening shall be a masonry or solid fence
between four feet (4') and eight feet (8') in height, maintained in good condition and free of all
advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a
strip of land not less than twenty feet (20') in width planted with an evergreen hedge or dense
planting of evergreen shrubs not less than four feet (4') in height at the time of planting. The
applicant should be required to construct a CMU wall eight feet (8') in height located adjacent to
the northern boundary of the property.
• The Preliminary Site Plan, date stamped by the city on April 20, 2017, shows a portion of the
sidewalk located adjacent to N. Park Lane to be attached. Pursuant to Eagle City Code Section 9-
4-1-6(F)(3) sidewalks are to be separated from the edge of the abutting roadway and/or back of
curb by a minimum eight foot (8') wide landscape strip. The applicant should be required to
provide a detached sidewalk located adjacent to N. Park Lane.
• The Site Master Plan, date stamped by the city on April 20, 2017, shows four access points. One
access point provide connection to North Park Lane at the northwest corner of the subject site. The
other three (3) access points provide access from West State Street/Hwy 44 (as identified on the
Site Master Plan). The Site Master Plan shows all three (3) access points to West State Street/Hwy
44 with deceleration lanes from the state highway. The Site Master Plan shows two (2) of the
access points to West State Street/Hwy. 44 as right-in/right-out only. The access point to West
State Street/Hwy. 44 located in proximity to the mid -point of the development shows the access
with full turning movements onto the state highway. The applicant should provide documentation
from the Idaho Transportation Department approving the access points to State Highway 44 prior
to the city issuing a zoning certificate for the site. Regarding future access to North Park Lane and
any improvements located adjacent to North Park Lane, the applicant should be required to comply
with the recommendations identified in the correspondence received from the Ada County
Highway District, dated May 19, 2017, prior to the city issuing a zoning certificate for the site.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends the approval of a rezone from MU
(Mixed Use) to MU -DA (Mixed Use with a development agreement [in lieu of a PUD]) with conditions to
be placed within a development agreement as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 5,
2017, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION: (Granicus time 1:19:41)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The proposed "Tudor" style architecture is compatible with the buildings located within the adjacent
developments.
• The proposed slip lanes providing access to the site from SH -44 will allow access to the site without
impeding traffic.
• The mature trees located adjacent to the north boundary along with required additional landscaping
will provide a buffer between the proposed commercial development and the residential uses located
north of the proposed development.
• The applicant should be required to modify the development agreement to permit any buildings larger
than 14,000 square -feet in size.
• The applicant should be permitted to construct a pre -cast concrete fence (similar to the one presented
during the hearing) in lieu of a masonry wall for buffering between the development and the properties
to the north. The fence should be constructed during the second phase.
• The applicant should be required to construct a pathway located adjacent to SH -44 from Arts West
Subdivision to Park Lane during the first phase of the development.
• The proposed use is compatible with the uses located within the surrounding area.
• The proposed uses will provide services to residential development located in proximity to the site.
COMMISSION DECISION:
The Commission voted 4 to 0 (Villegas absent) to recommend approval of RZ-04-17 for a rezone from
MU (Mixed Use) to MU -DA (Mixed Use with a development agreement [in lieu of a PUD]) for Jacksons
Food Stores/Scott Stom, with the conditions to be placed within a development agreement as provided
within their findings of fact and conclusions of law document, dated June 19, 2017.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 25, 2017, 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 the application was presented to the City Council by no one (other than the
applicant/representative).
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C. Oral testimony in opposition to the application was presented to the City Council by no one.
D. Oral testimony neither in favor of nor in opposition to the application was presented by one (1)
individual who indicated that due to the Arts West School and Eagle High School located in proximity
to the site that adding additional traffic from the proposed use will make it more difficult to access
North Park Lane from West Flint Drive.
COUNCIL DECISION:
The Council voted 3 to 0 (Preston absent) to approve RZ-04-17 (Exhibit "A") for a rezone from MU
(Mixed Use) to MU -DA (Mixed Use with a development agreement [in lieu of a PUD]) for Jacksons Food
Stores/Scott Stom, with the following Planning and Zoning Commission recommended conditions to be
placed within a development agreement with strike through text to be deleted by the Council and underline
text to be added by the Council:
3.1 Owner will develop the Property subject to the conditions, limitations and rights set forth in this
Development Agreement. Further, Owner will submit such applications regarding 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. 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 "D." The Subsequent phase(s) of the development under the Concept Plan will proceed in
accordance with applicable City Code provisions and this Development Agreement.
3.4 The Property as depicted on the Concept Plan is to be developed with a combination of office and
commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations" under the MU zoning designation (except as permitted in Section 3.56 below).
Buildings shall not exceed 4420,000 -square feet in size, however, the City may allow building
footprints larger than those shown on the Concept Plan after a public hearing on the proposed
change as noted in Section 3.3. Buildings in excess of 30,000 square feet are prohibited.
3.5 The setbacks shall be as follows (as measured from the perimeter of the site):
Front (south property line) 20 -feet
Rear (north property line) 20 -feet
Side (east property line) 7.5 -feet
Street Side (west property line) 20 -feet
Side (interior) 0 -feet
Maximum coverage 92%
Maximum building height 35 -feet (any exceptions to the maximum height requires a
conditional use permit)
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3.6 Except for the limitations and allowances expressly set forth above and the other terms and
conditions of this Agreement, the Property can be developed and used consistent with the Mixed Use
Land uses allowed by 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 (whatever the
case may be) is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within the Eagle City Code
Section 8-2-3 shall be considered permitted uses and all uses shown as "C" conditional uses under
the MU zoning designation shall require a conditional use permit, except as provided herein.
The following uses are shown and "C" conditional uses under the MU zoning designation within the
Eagle City Code Section 8-2-3, shall be permitted uses on the Property:
• Arts and Crafts Show
• Bed and Breakfast Facility
• Childcare (Daycare Center or Group)
• Commercial Entertainment Facilities (indoor)
• Government Building, Office
• Laboratories
• Laundromat
• Laundry, drive up service
• Library
• Microbrewery
• Museum
• Nursing Convalescent Home
• Retail Sales general/limited
• Retail/office buildings
• Research Activities
In addition, and in accordance with Eagle City Code Section 8-6-4, Uses Permitted, which allows up
to ten percent (10%) of the gross land area may be directed to other commercial uses that are not
allowed within the land use district, a Convenience Store with Fuel Service use (shown on Concept
Plan as Jacksons C -Store) shall be a permitted use as conditioned herein.
In addition to all other uses prohibited within the section of Eagle City Code the following uses shall
also be prohibited on the Property:
• Adult Business
• Ambulance Services
• Boarding or Lodging House or Dormitory
• Cemetery
• Circuses and Carnivals
• Drive In Theater
• Equipment Rental and Sales yard
• Golf Course
• Hospital
• Horticulture (general and limited)
• Kennel
• Public Service Facilities
• Residential Mobile Home (Single Unit)
• Residential Mobile Home (Single Unit temporary living quarters)
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• Riding Academies, Stable
• Small Engine repair
• Storage (fenced area)
3.6.1 Any building with a proposed drive-thru shall be designed in such a way as to compliment the
entirety of the development and shall include a minimum forty-eight inch (48") berm (measured
from the centerline of the adjacent roadway) adjacent to the drive-thru lanes or a minimum forty-
eight inch (48") grade separation (measured from the centerline of the adjacent roadway) to reduce
the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and vehicle cueing).
3.7 The area identified on the Concept Plan (Jacksons C -Store) permitted to contain a Convenience
Store with Fuel Service is subject to the following minimum conditions:
3.7.1 The Property is platted in three parcels as shown on the Amended Plat of Flint Estates. The
Convenience Store with fuel service shall be located on modified Lot 9, Block 2 in the
southwest corner of the Property. The total size of the parcel containing the convenience store
with fuel service shall not exceed ten percent (10%) of the gross area of the Property (11.22
acres). The Owner desires to adjust the lot lines of said parcel which will be accomplished by
the Owner submitting a Lot Line Adjustment application with its application for a rezone and
following the applicable city procedures and requirements with the parcel being subject to the
aforementioned size limitation.
3.7.2 The convenience store and fuel station canopy shall be oriented as shown in the Concept Plan
noted in Section 3.3. The convenience store and fuel station canopy design will incorporate
the "Tudor" architectural style (Exhibit "E") and shall be architecturally compatible with the
commercial buildings located within the development and other development in the vicinity.
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 Board and/or City Council prior to the issuance of a zoning certificate.
3.8 The commercial/retail/office buildings shall be constructed utilizing "Tudor" 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 complimentary 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
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.
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(c) A requirement for the placement of street trees located behind the attached sidewalks.
(d) A requirement insuring compliance with design guidelines approved with this Development
Agreement. To assure compliance with this condition, the applicant shall create an Architectural
Control Committee (ACC) as a component of the Agreement. Provisions regarding the creation
and operating procedures of the ACC shall be included in the Agreement, and shall be reviewed
and approved by the City prior to the issuance of a zoning certificate for the site. The submittal
of the building permit application to the City for each building within the development shall be
accompanied by an approval letter from the Architectural Control Committee. Building permit
applications that do not have an approval letter attached will not be accepted. To assure
compliance with the conditions of approval herein, the City reserves the right to deny, at its
discretion, any building permit application that does not meet the design requirements as may be
stipulated by the Eagle Design Review Board.
(e) requirement that in the event any of the terms of the Agreement are less restrictive than any
government rules, regulations or ordinances, then the more restrictive government rule,
regulation or ordinances shall apply. The terms of the Agreement are to be subject to all rules,
regulations, laws and ordinances of all applicable government bodies. In the event a
governmental rule, regulation, law or ordinance would render a part of the Agreement unlawful,
then in such event that portion shall be deemed to be amended to comply with the applicable
rule, regulation, law or ordinance.
3.10 All common 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 as provided in the
Agreement. The Agreement shall require that a single property owner will be responsible to
maintain all common areas for the development. 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.
3.11 The development shall incorporate pedestrian amenities which encourage pedestrian use of the
corresponding facilities such as outdoor drinking fountains, benches, tables, etc. The amenities shall
be reviewed and approved by the Design Review Board prior to the construction of said amenities in
the applicable phase or portion of the Property that is being developed.
3.12 The development shall include a ten foot (10') wide buffer area adjacent to the northern boundary of
the Property as noted in the Concept Plan. The ten foot (10') wide buffer area shall contain a pre -cast
concrete fence six -feet (6') in height. The pre -cast concrete fence shall be constructed with the
second phase of the development. As noted in the Concept Plan, the development shall include the
required buffer area adjacent to N. Park Lane and State Highway 44 based upon the location of the
parking areas and buildings per Eagle City Code.
3.13 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 islands 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).
3.14 All living trees, if any, that do not encroach upon the buildable area on any lot shall be preserved,
unless otherwise determined by the Design Review Board. A detailed landscape plan showing how
the trees, if any, will be integrated into the open space areas (unless approved for removal by the
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Design Review Board) shall be provided for Design Review Board approval prior to the submittal of
a final plat.
3.15 Owner shall provide pedestrian and bicycle public access to State Highway 44 and the subdivision to
the North as shown on the Concept Plan noted in Section 3.3. The public access to the pathway
shall be reviewed and approved by the Design Review Board prior to issuance of a zoning
certificate. The pedestrian and bicycle facilities shall be constructed prior to issuance of a certificate
of occupancy for the convenience store with fuel service. The pathway located adjacent to State
Highway 44 shall be completed across the entire frontage of the Property in its entirety prior to
issuance of a certificate of occupancy for the convenience store with fuel service.
3.16 The location of parking areas and structures on the convenience store parcel will comply with the
Concept Plan. All other building placement shall be designed such that parking areas are not
concentrated between the buildings and State Highway 44. The building placement and parking area
locations, for each phase or proposed improvement thereafter, shall be reviewed and approved by the
Design Review Board prior to issuance of a zoning certificate.
3.17 Provide a license agreement with ACRD approving any landscaping located in the public right of
way abutting the western boundary of the Property (N. Park Lane) prior to commencing construction
of the convenience store.
3.18 Owner shall dedicate right of way to ACHD in the northwest corner of the Property as required by
ACRD and as generally noted in the Concept Plan. Said right of way provides a connection between
N. Sauer River Ave. in the development along the east side of N. Park Lane to the north of the
Property, N. Park Lane and the private internal roads within the development.
3.19 The portions of the internal roads and drive aisle that are noted in Exhibit "D" will be completed in
conjunction with the completion of the convenience store. The aforementioned roads and drive aisle
must be completed before a certificate of occupancy will be issued for the convenience store.
3.20 The development to the east of the Property includes a road stubbed to the Property. If the owner of
the property to the east is subject to a lawful requirement to provide connectivity between its
property and this Property, Owner will provide connectivity with the adjacent property to the East.
As part of any development of the remainder of the Property subsequent phases following Phase 1,
Owner will provide a cross access agreement with the adjacent property owner to the east. The
cross -access agreement shall be executed, recorded and referenced prior to the issuance of a zoning
certificate for development of future phases of the Property.
3.21 The sidewalk located adjacent to North Park Lane shall be separated from the edge of the roadway
by a minimum eight foot (8') wide landscape strip.
3.22 Owner shall provide documentation from the Idaho Transportation Department approving the access
points to State Highway 44 prior to the city issuing a zoning certificate for the site. Also, the Owner
shall comply with the recommendations identified in the correspondence received from the Ada
County Highway District, dated May 19, 2017, prior to the issuance of a certificate of occupancy for
the convenience store with fuel service.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-04-17) 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 requested zoning designation of MU -DA (Mixed Use with a development agreement in lieu of
a PUD) is consistent with the Mixed Use designation as shown on the Comprehensive Plan Land
Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist, or are expected to be provided, to serve all
uses allowed on the subject property under the proposed zone;
c. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a PUD ]) zone is
compatible with the MU -DA (Mixed Use with a development agreement) zone and land use to the
south and east since that area is developed with commercial uses (Camille Beckman and Arts West
Subdivision);
d. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a PUD]) zone is
compatible with the MU -DA (Mixed Use with a development agreement) zone and land uses to
the north since that area is developed with a mixed use subdivision consisting of residential and
commercial uses. The subject property is also bordered on the north by a property containing
senior living apartments and the applicant is required to provide a buffer between the proposed
development and the adjacent uses;
e. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a PUD]) zone is
compatible with the RUT (Rural -Urban Transition — Ada County desgination) zone and land use
to the west since that area currently is being utilized for an agricultural use and may be developed
similarly in the future;
f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan; and
No non -conforming uses are expected to be created with this rezone since the existing residential
dwelling is being removed as required within the development agreement.
2. The Council reviewed the particular facts and circumstances of this proposed 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. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
The development is proposed in an area that is recognized to include a mix of residential uses,
limited retail, and office uses, the promote trip capturing. Also, the mix of uses in the project will
provide an array of employment opportunities for the area and provide easy access to shops and
stores.
g.
B. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
The development will be designed to complement the general vicinity and provide aesthetically
pleasing architecture to enhance the character of the area. The commercial portion of the project is
designed to create a pedestrian friendly neighborhood atmosphere that is inviting to those in the
surrounding neighborhoods.
C. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
The development will take access from Park Lane, State Highway 44, and an adjacent mixed use
development. The property is bordered on the north by a senior living development and a mixed
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use subdivision containing residential and commercial lots. The applicant is required to provide
appropriate buffering to mitigate the impact to the residential areas located north of the
development.
D. That the development does not involve uses, activities, processes, materials, equipment, and/or
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.
This area is located within the Park Lane Planning area which encourages a mix of residential
uses, limited retail and office uses that promote trip capturing. As previously identified the
applicant is required to provide a buffer between the proposed commercial uses and the residential
areas located north of the development.
E. That the development 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.
All central services are either available to the site or will be as conditioned herein, as noted within
the letters provided by the agencies having jurisdiction over the site.
F. That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the Eagle Sewer District, Suez Water, or ACRD. The
developer provides the services in the initial stages of development, therefore, the public service
providers avoid potential liability and expenses. Also, the additional tax revenue received from the
development will contribute to services such as schools, police, and fire protection.
G. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non -PUD proposal.
The development is designed with a mix of retail, office and commercial uses, in compliance with
the Park Lane Planning area. The development is also designed with a pedestrian friendly
environment with consideration given to the Scenic Corridor area adjacent to State Highway 44.
H. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
Access to the development will be from Park Lane, State Highway 44, and cross access from the
adjacent mixed use development to the east. The access to State Highway 44 will be constructed
pursuant to the requirements of the Idaho Transportation Department. The access to Park Lane and
interior street will be public and will be constructed pursuant to the requirements of the Ada
County Highway District.
I. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
There are no known natural, scenic, or historic features of major importance located on site.
J. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development will be harmonious with and in accordance with the general objectives
of the Comprehensive Plan and Park Lane Planning sub area policies.
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K. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
The applicant has requested approval for a development agreement in lieu of a PUD as outlined in
Eagle City Code and the application satisfies those requirements as well as will be required to meet
the conditions herein. In addition, the applicant will be required to submit a design review
application and comply with all Eagle City Codes and conditions of approval of the design review.
L. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
The development provides for a mix of commercial uses in proximity to a principal arterial and
provides pathway connections to adjacent developments and the City pathway network.
DATED this 8th day of August, 2017
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
( 1
Sharon K. Bergmann, Eagle ity Clerk
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