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Findings - CC - 2018 - RZ-03-18 - Resone From Mu To Mu-Da In Lieu Of A CupBEFORE 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 CONDITIONAL USE PERMIT]) FOR SYRINGA CONSTRUCTION, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-03-18 The above -entitled rezone with development agreement (in lieu of a conditional use permit) application came before the Eagle City Council for their action on July 10, 2018, 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: Syringa Construction, LLC, represented by Mark Butler with Land Consultants, Inc., is requesting a rezone from MU (Mixed Use) to MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) to address setbacks, lot coverage, and permitted uses. The 0.6 -acre site is located on the south side of East Dunyon Street approximately 660 -feet west of the intersection of South Parkinson Street and East Dunyon Street at 2177 East Dunyon Street. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Eagle Sewer District at 6:00 PM, on Wednesday, April 18, 2018, in compliance with the application submittal requirement of Eagle City Code. The applications for this item was received by the City of Eagle on April 19, 2018. 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 19, 2018. 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 16, 2018. The site was posted in accordance with the Eagle City Code on May 23, 2018. Requests for agencies' reviews were transmitted on April 24, 2018, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the applications 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 June 23, 2018. 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 June 21, 2018. The site was posted in accordance with the Eagle City Code on June 26, 2018. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On June 20, 2000, the City Council approved a design review application for two office buildings and two accessories structures for Dave Roylance (DR -29-00). The application subsequently expired on June 20, 2001. Page 1 of 12 K:1Planning Ikpt\Eagle ApplicationslR7.&A120I81RZ-03-I8 Syringa ccrl.doc E. COMPANION APPLICATIONS: None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed COMP PLAN ZONING DESIGNATION DESIGNATION Mixed Use MU (Mixed Use) No Change MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) North of site Compact Residential South of site Mixed Use East of site Mixed Use West of site Mixed Use R-4 (Residential) BP (Business Park) MU (Mixed Use) MU (Mixed Use) LAND USE Single-family residence Commercial multi -tenant building Single-family residential (Randall Acres Subdivision No. 15) East State Street and mobile home park Church Single-family residence G. DESIGN REVIEW OVERLAY DISTRICT: DSDA (Dunyon/State Development Area) H. TOTAL ACREAGE OF SITE: 0.6 -acres I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See applicant's justification letter, date stamped by the City on April 19, 2018 (attached to the staff report). J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): See development agreement prepared by the applicant's representative, date stamped by the City on April 19, 2018 (attached to the staff report). K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The site is located within the Eagle Water Company's certificated service area. The City received email correspondence, dated April 24, 2018, from Lynn Moser, General Manager, Eagle Sewer District, which indicated the site is located within the boundaries of the Eagle Sewer District and receives service from a trunk line located within Dunyon Street. L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. M. NON -CONFORMING USES: There is an existing residence and several accessory structures located on site. The applicant will be required to obtain a demolition permit and remove the existing structures prior to construction of the proposed building. Page 2 of 12 K:1Planning I)ept\liagk Applications\RZ&A12018\R%-03.18 Syringa ccfl.doc N. 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 Andeavor Boise River Flood Control District No. 10 Eagle Fire Department Eagle Sewer District Idaho Fish and Game Department Idaho Transportation Department O. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Mixed Use Suitable primarily for a mixture of uses including limited office, limited commercial, and residential. Residential densities within the designation is up to 20 units per acre but density will be determined on a site by site basis. Uses should complement and not take away from downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or development agreement process. See the planning area text for a complete description of site specific uses. Scenic Corridor An Overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2 defines Lot Coverage as: The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage. • 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 Page 3 of 12 K:U'Ianning Dept%Eaglc Applications\RZ&A120181R%•03-18 Syringa ccfl.doc 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 twenty (20) 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 Regulations: Staff will address the applicant's specific requests within the Discussion area below. • 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 District Height IMU l 135' 20' 20' Interior Street Maximum Minimum Minimum Side Side Lot Lot Area Lot Covered (Acres Or Sq. Width I* Ft.) G And H* 17.5' 1120' 1150% 115,000 1150' • Eagle City Code Section 8-2A-6: Design Requirements, Objectives, and Considerations: F. Dunyon/State Development Area: DSDA shown on exhibit A-1 within the EASD book. 1. Purpose: To improve the livability, desirability, and character of the DSDA area and to encourage new development by providing unique regulations specific to this district. 2. Setbacks And Site Design: a. Front And Rear Setbacks: Front and rear building setbacks from the property line shall be fifteen feet (15') minimum. b. Side Setbacks: Side building setbacks shall be five feet (5') minimum. c. Pedestrian Amenities: Front and rear setbacks shall be for pedestrian amenities and the city encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flowers/shrubs/all tree displays in movable planters, outdoor dining, plazas, streetscape extension and bike racks. d. Site And Landscape Design: At the discretion of the design review board the following may be considered when the board finds that the site has been designed in harmony with the design guidelines, objectives and considerations noted within subsection A of this section: (1) Interior and perimeter parking lot landscape area dimensions may be reduced. (2) The minimum required landscaping between the building and the property line may be reduced when the design review board finds that the building's design style and architecture serves as an appropriate buffer to the adjacent property. • Eagle City Code, Section 8-7-3-2 General Standards for Conditional Use: The Commission/Council shall review the particular facts and circumstances of each proposed Conditional Use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: Page 4 of 12 K:1111anning 1)cptlLaglc Applications\RZ&A120181RZ-03-18 Syringa cU .doc A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8) for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8); C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existing or future neighborhood uses; E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. • Eagle City Code, Section 8-7-3-5: Conditional Use Permit: D. Conditions of Permit: Upon the granting of a conditional use permit, conditions may be attached to said permit including, but not limited to, those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or services; and 7. Requiring more restrictive standards than those generally required in this title. • Eagle City Code Section 8-10-1: Development Agreements: D. Approval Of The Development Agreement: 1. The Council may require a development agreement be executed to allow a rezone if, in the opinion of the council, approval of the requested rezone does not satisfy the requirements set forth in the zoning ordinance for rezone approval, but the particular project or use contemplated has a value to the community that would justify the use of a development agreement. A development agreement may not allow a use on the parcel that is not an allowed or conditional use in the requested rezone. Page 5 of 12 K:11'lanning Ikoptlliagle Applications1RZ&Al2O181R7.-03-18 Syringa ccl7.doc C. IDAHO CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Idaho Code Section §67-6512(f): In addition to other processes permitted by this chapter, exceptions or waivers of standards, other than use, inclusive of the subject matter addressed by section 67-6516, Idaho Code, in a zoning ordinance may be permitted through issuance of a special use permit or by administrative process specified by ordinance, subject to such conditions as may be imposed pursuant to a local ordinance drafted to implement subsection (d) of this section. D. DISCUSSION: • The applicant has submitted a draft development agreement with the application to address the following: 1) Provide a Concept Plan for the project, 2) Request additional lot coverage, 3) Request reduced side yard setback, 4) Request reduced internal setbacks, and 5) Request specific uses to be permitted. Pursuant to Idaho Code Section §67-6512(f), exceptions or waivers of standards, other than use, inclusive of the subject matter addressed by Idaho Code Section §67-6516, in a zoning ordinance may be permitted through issuance of a special use permit (conditional use permit). Based on Eagle City Code Section 8-2-1, a development agreement may be utilized in lieu of conditional use permit within the MU (Mixed Use) zoning designation, if approved by the City Council, provided the development agreement includes conditions of development that are required during the conditional use permit process. Also, pursuant to Eagle City Code Section 8-10-1, development agreements allow 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. With this application the development agreement is being utilized in lieu of a conditional use permit to address the applicant's request. o Item 1 The applicant has provided a Concept Plan showing a footprint of a building containing 8 - separate commercial tenant spaces with a garage space in each unit. The site is fronted by East Dunyon Street and East State Street. The site has on-site parking located between the proposed building and each street. The building is located approximately 40 -feet, 9 -inches, from both East Dunyon Street and East State Street. The side setbacks are shown at 5 -feet from the east and west property lines. o Item 2 The applicant is requesting to increase the maximum lot coverage from 50 percent (permitted within the MU (Mixed Use) zoning district) to 60 percent. Pursuant to Eagle City Code Section 8-2-4, the maximum lot coverage requirements for commercial uses in commercial zones vary from 50-92%. Staff is supportive of the applicant's request to increase the maximum lot coverage from 50% to 60%, provided the required parking for the proposed uses is provided on site. o Item 3 The applicant is requesting a side yard setback of 5 -feet. Pursuant to Eagle City Code Section 8-2A-7(F)(2)(b), the side setbacks within the Dunyon/State Development Area may be a minimum of 5 -feet. Also, the property is located within Randall Acres Subdivision No. 15, and the recorded subdivision final plat contains a note which identifies the side yard setback as 5 -feet. The requested 5 -foot side setback is in conformance with Eagle City Code and the recorded final plat. Page 6 of 12 K:1Planning Ihpt\Eagk Applications\RZ&A120181RZ-O3-18 Syringarcrl.doc o Item 4 The applicant is requesting internal setbacks of 0 -feet. This request is to address the setbacks between the individual commercial units in the event the property is subdivided in the future to allow for the transfer of ownership of each unit. In the event the applicant desires to re -plat the property in the future, the applicant should be required to modify the development agreement to address the setbacks internal to the site and the maximum lot coverage since the coverage will increase in percentage due to the reduction of lot sizing. o Item 5 The applicant is requesting the following uses be recognized as "P" permitted uses. The requested uses are listed below and the category shown in italics (permitted, conditional use, or prohibited), is how the use is identified currently in Eagle City Code Section 8-2-3, Schedule of District Regulations: Ambulance Service — Conditional Use Art Studio — Permitted Automobile Body Shop — Prohibited Automotive Repair — Prohibited Automotive Storage — Prohibited Cabinet shop — Conditional Use Catering service — Permitted Coffee roasting facility — Conditional Use Communication facilities — Conditional Use Contractor's yard and/or shop — Prohibited Electronic sales, service, or repair shop — Permitted Flex space — Permitted Home and business services — Permitted Horticulture — Permitted Industry Custom and Limited — Conditional Use Industry Research and Development — Conditional Use Kennel — Conditional Use Microbrewery — Conditional Use Personal improvement — Permitted Personal services — Permitted Personal wireless facilities (enclosed building, height - 35' or less) — Permitted Photographic studio — Permitted Printing and/or blueprinting — Permitted Professional activities — Permitted Research Activities — Conditional Use Retail sales (general) — Conditional Use Retail sales (limited) — Conditional Use Sign shop, including painting — Conditional Use Small engine repair (mower, chain saws, etc.) — Conditional Use Storage (enclosed building) — Conditional Use Travel services — Permitted Upholstery shop — Conditional Use Winery — Conditional Use Woodworking shop — Conditional Use Page 7 of 12 K:\Planning Dept\Eaglc Applications\R7.&A120181RG-03-18 Syringa cct l.dnc Four of the requested proposed permitted uses are prohibited uses pursuant to Eagle City Code. Those uses include automobile body shop, automotive repair, automotive storage, and contractor's yard and/or shop. Pursuant to Eagle City Code Section 8-10-1(D), a development may not allow a use on the parcel that is not an allowed or conditional use in the requested rezone. The aforementioned uses should not be permitted on the site. Seventeen of the proposed permitted uses require a conditional use permit. Five of those uses involve processes that may have an adverse impact on surrounding properties. The five proposed uses are cabinet shop, coffee roasting facility, kennel, sign shop (including painting), and woodworking shop. The remaining twelve uses would be conducted entirely within the building and should not have any processes that would have an impact on the surrounding properties. The development agreement should contain a provision within the condition of development requiring the uses to be conducted solely indoors and not permitting outdoor storage. If the applicant proposes a cabinet shop, coffee roasting facility, kennel, sign shop (including painting), or woodworking shop in the future, then a conditional use permit shall be required. • The Concept Plan, date stamped by the City on April 19, 2018, shows 32 -parking spaces (inclusive of the garage space in each unit). The development agreement should contain a condition of development which requires parking to be in conformance with Eagle City Code Section 8-4-5. 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 conditional use permit]) 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 4, 2018, 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. D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning and Zoning Commission by one (1) individual who requested clarification regarding which uses are proposed as being permitted uses on the site. COMMISSION DELIBERATION: (Granicus time 11:59) Upon closing the public hearing, the Commission discussed during deliberation that: • The proposed use fits within the neighborhood. COMMISSION DECISION: The Commission voted 3 to 0 (Smith and Wright absent) to recommend approval of RZ-03-18 for a rezone from MU (Mixed Use) to MU -DA (Mixed Use with a development agreement [in lieu of a PUD]) for Syringa Construction, LLC, with conditions to be placed within a development agreement as provided within their findings of fact and conclusions of law document, dated June 18, 2018. Page 8 of 12 K:1Pknning DeptU:agk ApplicationslR%&A120I81R7.-03-I8 Syringa ccfl.doc PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on July 10, 2018, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in opposition to the application was presented to the City Council by no one. C. Oral testimony in favor of the application was presented to the City Council by no one (other than the applicant/representative). D. Oral testimony neither in opposition to nor in favor of the application was presented to the City Council by one (1) individual who requested that the ambulance service use be removed as a permitted use. The individual also requested that privacy fencing be provided between the proposed use and the individual's residential property. COUNCIL DECISION: The Council voted 4 to 0 to approve RZ-03-18 for a rezone from MU (Mixed Use) to MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) for Syringa Construction, LLC, with the Planning and Zoning Commission recommended conditions to be placed within a development agreement, with underline text to be added by the Council and strikethrough text to be deleted by the Council: 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat 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 Maximum lot coverage shall be 60 percent. 3.5 Boundary side yard setbacks shall be 5 -feet minimum 3.6 Permitted uses: Armee $ cr. iee Art Studio Catering service Communication facilities Electronic sales, service, or repair shop Flex space Home and business services Horticulture Industry Custom and Limited Industry Research and Development Microbrewery Page 9 of 12 K:1Planning DeptWaglc Applications\R%&A120I81RZ-03-I8 Syringa cet'I.doc Personal improvement Personal services Personal wireless facilities (enclosed building, height - 35' or less) Photographic studio Printing and/or blueprinting Professional activities Research Activities Retail sales (general) Retail sales (limited) Small engine repair (mower, chain saws, etc.) Storage (enclosed building) Travel services Upholstery shop Winery The uses shall be conducted within the interior of the building and no outdoor storage of materials or equipment shall be permitted. 3.7 Parking shall be in conformance with Eagle City Code, Title 8: Off Street Parking and Loading. 3.8 Owner shall obtain a demolition permit and remove all structures from the Property prior to issuance of a building permit. 3.9 Owner shall provide a solid privacy fence located adiacent to the property located to the west and remove the chain link fence located adiacent to the property to the east. The style of the solid orivacv fence shall be in conformance with Eagle City Code. The solid privacy fence shall be reviewed and approved by the Design Review Board and City Council prior to installation. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-03-18) upon the information provided concludes that the proposed rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) 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 conditional use permit]) zone is compatible with the BP (Business Park) zone and land use to the south since East State Street is located adjacent to the site and the area across the street contains a mobile home park which may be developed similarly in the future; d. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) zone is compatible with the R-4 (Residential) zone and land use to the north since East Dunyon Street is located adjacent to the site and the proposed uses for the site have been restricted to not impact the residences located across East Dunyon Street; e. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) zone is compatible with the MU (Mixed Use) zone and land use to the west since that area currently is being utilized for a residence and may be developed similarly in the future. Also, the proposed uses for the site have been restricted to not impact the adjacent neighbor; Page 10 of 12 K:1Planning Ihpt Eagle ApplicalionssR7.&A120181R%-03-18 Syringa cell.dof f. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) zone is compatible with the MU (Mixed Use) zone and land use to the east since that area currently is being utilized for a church use and proposed uses on the site will not impact the church use; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. 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 and the proposed setbacks and maximum lot coverage have been addressed in 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. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8) since pursuant to Idaho Code Section §67-6512(0, exceptions or waivers of standards (increase in maximum lot coverage), other than use, inclusive of the subject matter addressed by Idaho Code Section §67-6516, in a zoning ordinance may be permitted through the issuance of a conditional use permit; and B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8), since there are no inconsistencies with the Comprehensive Plan and Eagle City Code. Also, pursuant to Idaho Code Section §67-6512(f), exceptions or waivers of standards may be approved through the issuance of a conditional use permit; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area since the building will be designed to meet the City's design review requirements and design requirements of the Eagle Architecture and Site Design Book; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the proposed uses will not cause any noise, smoke, fumes, glare or odors; E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. All central services are either available to the site or will be conditioned herein, as noted within the letters provided by the agencies having jurisdiction over the site; and F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community since the site will be served with central sewer from the Eagle Sewer District and will use public water to be served from the Eagle Water Company. Fire protection will be provided by the Eagle Fire Department and fire hydrants will be provided where required; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors since site will consist of a commercial building similar to others located in proximity to the site; Page 11 of 12 K:1Ylanning lkpt Eaglc Applications\RZ8cA1211181R7.-03-18 Syr nga ccfl.doc H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares since the proposed uses and access points have been reviewed and approved by the Ada County Highway District; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The property is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan. 3. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit (development agreement in lieu of a conditional use permit) shall not be considered as establishing a binding precedent to grant other conditional use permits. DATED this 24i1' day of July, 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle City Clerk ,` v: 0 : : L .' : c t':,1\‘ -}S: zo 4,77 ...... TATEO Page 12 of 12 KAPIannmg tn•Pt11:.iglr AppIiLatinns\I '/ &A \ 20 1811C/-111. 1 Sydng,i,..I I. do.