Findings - PZ - 2023 - A-11-22 & RZ-13-22 - Old Valley Retail & Flex Space - Annexation and Rezone from RUT to MU-DA in Lieu of a Conditional Use Permit for West Old Valley LLC BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT(RURAL-URBAN TRANSITION— )
ADA COUNTY DESIGNATION)TO MU-DA )
(MIXED-USE WITH A DEVELOPMENT )
AGREEMENT IN LIEU OF A CONDITIONAL USE)
PERMIT)FOR WEST OLD VALLEY LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-11-22&RZ-13-22
The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning
Commission for their recommendation on March 6, 2023, at which time public testimony was taken and
the public hearing was closed. The Eagle Planning and Zoning Commission, 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:
West Old Valley, LLC, represented by Nicolette Womack with Kimley-Horn, is requesting an
annexation with rezone from RUT(Rural-Urban Transition—Ada County designation)to MU-DA
(Mixed Use with a development agreement in lieu of a conditional use permit)for a retail and flex
space mixed use development. The 7.97-acre site is located at the northeast corner of West Old
Valley Road and North Linder Road at 4526 and 4648 West Old Valley Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 4648 &4526 W. Old Valle Road,Eagle,on Tuesday
May 24,2022,at 6:00 PM,in compliance with the application submittal requirement of Eagle City
Code.The applications for this item were received by the City of Eagle on September 12,2022.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications 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 February 17,2023. Notice of this public hearing was mailed to property owners in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
February 17, 2023. The site was posted in accordance with the Eagle City Code on February 24,
2023.Requests for agencies' reviews were transmitted on September 26,2022,in accordance with
the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A
E. COMPANION APPLICATIONS:All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use RUT(Rural-Urban Transition— Single-Family Residential
Ada County designation)
Proposed No Change MU-DA(Mixed Use with a Commercial Flex Space
development agreement)
North of site Commercial C-1-DA(Neighborhood Business Under development for a
with a development agreement) mixed use residential and
commercial project
South of site Mixed Use RUT(Rural-Urban Transition— Single Family Residential
Ada County designation) and Commercial Nursery
East of site Mixed Use RUT(Rural-Urban Transition— Single Family Residential
Ada County designation) enmor Subdivision
West of site Mixed Use MU-DA(Mixed Use with a Multi-Family Residential
development agreement) Clara Apartments)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA,CEDA,or DSDA.
H. TOTAL ACREAGE OF SITE: 7.97 acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See narrative attached
to staff report.
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is proposing to connect to existing central water and sewer services.The property will
receive fire protection from the Eagle Fire Department and police protection from the Eagle Police
Department.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map exists.
L. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—Yes,see tree inventory attached to staff report
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
M. NON-CONFORMING USES:
No non-conforming uses are existing or will remain on site.
N. AGENCY RESPONSES:
The following agencies have responded,and their correspondence is attached.
Ada County Highway District
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Ballantyne Ditch Company
Community Planning Association of Southwest Idaho
Eagle Fire District
Eagle Sewer
O. LETTERS FROM THE PUBLIC:
No public comments have been received to date.
P. FISCAL IMPAT ANALYSIS:
See the FIA and applicant provided data table attached to staff report.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map designates this site as Mixed Use:
Suitable for a mixture of uses including limited office,limited commercial,and residential.
Residential densities within the designation are 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.
6.5 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 formalize an
activity center by Eagle High School and the existing residential development in the area. The goal is
to establish a neighborhood center/node with pedestrian scale design and access to the future transit
along State Highway 44. The following land use and development policies are specific to the Park
Lane Planning Area.
6.5.1 PARK LANE USES
A. The area located along Old Valley Road should be a mixture of residential and Professional Office
with Limited Service Commercial. All uses along Old Valley Road should be designed to be oriented
to take access from Old Valley Road and to encourage pedestrian movement through the area.
6.5.2 PARK LANE DESIGN
A. Old Valley Road Area
a. The development of this area should be designed to focus on the existing old Valley Road
and bring activities and uses closer to the road,creating a pedestrian friendly area that
encourages walking as well as auto traffic.
b. The Old Valley Road area should include pedestrian amenities such as street trees,benches,
and sidewalks.
C. Common parking areas at the side of buildings and joint parking agreements should be
encouraged to minimize walking distances between buildings and provided pedestrian scale
to the area.
d. On street parking should be encouraged where sufficient right of way is available.
e. Formalized river access should be encouraged providing access to the river and the
extension of the Boise river Greenbelt.
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6.5.3 PARK LANE ACCESS/CONNECTIVITY
A.Access to and through the area should be limited to existing roadways(Old Valley Road); direct
access from State Street/Hwy 44 should not be permitted.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 8-2-1: DISTRICTS ESTABLISHED,PURPOSES AND RESTRICTIONS:
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 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.
• 8-2-3: SCHEDULE OF DISTRICT USE REGULATIONS:
Land Uses Districts
A A-R R-E R L-O C-A C-1 C-2 C-3 CBD M-1 SP M-2 M-3 PS MU
Printing and/or blueprinting P P P P P P P P
Professional activities P P P P P P
Restaurant(drive-in) P P
Restaurant(no drive-through) C C P P P P P
Restaurant(with dove-through) C C C C
Retail sales(general) C P P P P C
Retail sales rhmited) P P P P P C
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• 8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS
Zoning District Maximum Height Minimum Yard Setbacks Maximum Lot Covered F Minimum Lot Area Minimum Lot Mdth V
Note Conditions A To E' And J' IAcres Or Square Feet)H'
Front Rear Interior Street Side
Side
C-2 35 0' 0' 0' C 92', 1300 25'
C-3 35 0' 0' 0' 0' 92°0 1300 25'
CBD 35 0' 0' 0 0' 92', 500 25'
M-1 35 0' 0' 0' 0' 92- ma 25'
BP 35 20' 0' 0' 20' 50% Ma 25'
m-2 35 0' 0' 0 0' 92% n a 25'
M-3 35 0 0' C 0 92a� na 25'
MU 35' 20' 2U 7.6 20' W% 5,000 50'
• 8-4-3: DESIGN AND MAINTENANCE:
A. Paving:The required number of parking and loading spaces as set forth in this chapter,
together with driveways,aisles and other circulation areas,shall be improved with material
such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt
surfaces shall not be permitted unless used as part of a home occupation.
B. Drainage: All parking and loading areas shall provide for proper drainage of surface
water to prevent the drainage of such water onto adjacent properties or walkways.Drainage
plans shall be reviewed and approved by the city engineer and,for any site abutting a public
street, such plans shall be reviewed and approved by the Ada County highway district,or
highway district having jurisdiction.
C. Access:Access driveways for parking areas or loading spaces shall be located in such
a way that any vehicle entering or leaving such area shall be clearly visible by a pedestrian
or motorist approaching the access or driveway from a public or private street.
D. Maintenance: The owner of property used for parking and/or loading shall maintain
such area in good condition without holes and free of all dust,trash and other debris.
• 8-7-3-1: PURPOSE AND INTERPRETATION OF CONDITIONAL USE:
Exceptions or waivers of standards within Title 8 or Title 9,other than use,inclusive of the
subject matter addressed by Section 8-74-2 or Section 9-6-3 "Variances"may be permitted
through issuance of a conditional use permit.
• 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular-facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing
that such use at the proposed location:
A. Will,in-fact,constitute a conditional use as established in Section 8-2-3 of this title(Eagle
City Code Title 8) for the zoning district involved, or section 8-7-3-1 (C)of this chapter,
or as may otherwise be established by this title;
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);
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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.
• 8-10-1: REQUIREMENTS AND RESTRICTIONS:
A. Purpose: Development agreements are a discretionary tool to be used by the council as a
condition of rezoning. Development agreements allow a specific project with a specific
use to be developed on property in an area that is not appropriate for all uses allowed or
conditional in the requested zone.
B. Initiation Of Development Agreement:
1. A development agreement may be initiated for the rezoning of a particular parcel of
land or collection of parcels of land through the following methods:
a. On application by the property owner.
b. On recommendation of the zoning administrator.
c. On recommendation of the commission.
d. Required by the council.
2. In the event of a determination by the commission that a development agreement should
be entered into,the commission shall retain jurisdiction of the matter,defer
consideration of the rezone applied for and set a time limit for submittal of the
development agreement. The commission shall then proceed as specified in this section.
3. In the event of a determination by the council that a development agreement should be
entered into,the council shall remand the matter back to the commission for submittal of
the development agreement. The council may direct the commission on remand of the
matter to the commission. The commission shall then proceed as specified in this
section.
4. In the event of either of the above, all time limits required by this code may be stayed
upon affirmative vote of the commission or council.
C. Form Of Development Agreement: A development agreement shall be in the form
required by the zoning administrator.No agreement shall be accepted by the zoning
administrator which does not include the following:
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1. An affidavit by the owner of the parcel agreeing to submit the parcel to a development
agreement.
2. The specific use or uses of the parcel for which the development agreement is sought.
3. The allowed or conditional use in the conditional zone for which application has been made.
4. A concept plan of the project to be developed on the parcel. The concept plan may include:
a. A description of the density allowed or sought;and
b. Maximum height, size, and location of any structures on the property.
5. The time required to begin the use on the property.
6. A statement by the owner of the parcel that failure to comply with the commitments in the
development agreement shall be deemed consent to rezone the use to the preexisting
zone or, in the case of an initial zone at annexation,a zone deemed appropriate by the
council.
7. Any other matter mutually agreeable to the parties.
C. DISCUSSION:
• The applicant is requesting to annex and rezone the site with the intent of constructing fourteen
(14)flex buildings,varying between 3,750 and 6,625 square feet respectively. The mixed-use
buildings are broken up as 50%business office space(40,250 square feet), 35%retail space
(28,175 square feet),and 15%restaurant space(12,075 square feet). Flex,office,and restaurant
uses are directly permitted within the Mixed-Use zone,however,retail space is conditionally
permitted.
• As part of the development agreement in lieu of a Conditional Use Permit,the applicant is
requesting that retail uses be permitted The comprehensive plan envisions limited retail within the
Park Lane Planning Area,therefore,the owner should be restricted to no more than 28,175 square
feet of limited retail space within the development.
• Because the site is commercial and not residential,no buffer lots are required along either street
frontage. However, a landscaped buffer a minimum of ten feet(10')wide by 6 feet high is
required along the easterly property line to screen the residential property from the site as
required by ECC 8-2A-7-J.
• The applicant is proposing a ten foot(10')wide detached sidewalk along the State Highway 44
frontage and a six foot(6")wide detached sidewalk along the Old Valley frontage,in compliance
with the Eagle Pathways and Trails Master Plan.
• Per Eagle City Code,one parking space is required per 250 square feet of office space, 150
square feet of restaurant space,and 250 square feet of retail space. Based on the square footages
proposed by the applicant,355 parking spaces are required. The site design includes 357 parking
spaces,including ten(10)ADA spaces.
• The Park Lane Planning area in the 2017 Eagle is Home Plan states all uses along Old Valley
Road should be designed to be oriented to take access from Old Valley Road and to encourage
pedestrian movement through the area. Therefore,the owner shall provide two additional
sidewalk connections between the sidewalk along Old Valley Road and the internal sidewalk; one
near the southeast corner and one near the mid-point of the site,prior to submittal of a Design
Review application,to better facilitate pedestrian movements between Old Valley Road and
internal the development.
• The site is currently comprised of two separate parcels.A Lot Line Adjustment application shall
be submitted to and approved by the City prior to issuance of a building permit to remove the lot
line between the two parcels to ensure that no individual building is bisected by a lot line.
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PUBLIC HEARING OF THE COMMISSION (Public Hearing AudioNideo Record):
Planning and Zoning Commission(granicus.com)
A. A public hearing on the application was held before the Planning and Zoning Commission on March 6,
2023, 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 the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by nine (9) individuals who expressed concerns regarding traffic on what is essentially used as a
neighborhood road,affects on wildlife in the area and large animal raising,and the lack of compatibility
with the existing rural residential character of the neighborhood.
COMMISSION DELIBERATION: (Granicus time 01:26:24)
Upon closing the public hearing, the Commission discussed during deliberation that while the project is
well designed and meets the vision of the Comprehensive Plan, it is not harmonious with the existing
character of the area, lacks appropriate access for the increased traffic demand, and does not preserve
Eagle's unique character.
COMMISSION DECISION:
The Commission voted 3 to 1 (Guerber absent) to recommend denial of A-11-22 & RZ-13-22 for an
annexation and rezone from RUT(Rural-Urban Transition—Ada County designation)to MU-DA(Mixed
Use with a development agreement in lieu of a conditional use permit).
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-11-22 & RZ-13-22) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council",and based upon the information provided concludes that while the proposed
rezone upon annexation is in accordance with many of the City of Eagle Comprehensive Plan
established goals and objectives,it is not harmonious with the surrounding area and fmds that:
d. The proposed MU-DA (Mixed-Use with a development agreement) zone is not compatible with
the RUT(Rural-Urban Transition—Ada County designation)zone and land use to the south since
the land is comprised of large lot residential and agricultural uses;
e. The proposed MU-DA (Mixed-Use with a development agreement) zone is not compatible with
the RUT(Rural-Urban Transition—Ada County designation) zone and land use to the east since
the lands are currently developed as large lot residential;
DATED this 31 day of April 2023.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
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