Findings - PZ - 2023 - CU-07-23 - Eagle Pointe - Conditional Use Permit for a Restaurant [With Drive Through] and Retail Sales [General and Limited] BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A RESTAURANT [WITH DRIVE THROUGH] )
AND RETAIL SALES [GENERAL AND )
LIMITED]FOR LANDMARK PACIFIC )
INVESTORS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-07-23
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on November 20, 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:
Landmark Pacific Investors, LLC, represented by Andrew Newell with BAWCE, is requesting
conditional use permit approval for a restaurant(with drive-through) and retail sales(general and
limited) within a MU-DA (Mixed Use with development agreement) zoning district. The 2.84-
acre site is located at the northeast corner of State Highway 44 and West State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM,on Monday,April 17,2023,in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on May 23, 2023. A revised narrative was received by the City of
Eagle on June 8,2023.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on June 8, 2023, in accordance with the
requirements of the Eagle City Code. 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 November 3, 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 November 3, 2023. The site was posted in accordance
with the Eagle City Code on November 9,2023.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 3, 2015, the City Council approved a rezone from A (Agricultural), A-R (Agricultural-
Residential) and R-2-DA-P (Residential with a Development Agreement — PUD) to MU-DA
(Mixed Use with a Development Agreement in lieu of a PUD, including a height exception) at
9.93-dwelling units/acre and preliminary plat approval for Predico Eagle Pointe Subdivision(RZ-
06-14 and PP-08-14).
On August 15,2015,the Design Review Board approved the common area landscaping,seven(7)
apartment buildings, caretaker's unit, and a clubhouse within Predico Eagle Pointe Subdivision
(DR-62-14).
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On June 28, 2016, the City Council approved a preliminary plat extension of time for Predico
Eagle Pointe Subdivision to be valid until June 9,2017(EXT-06-16).
On June 21, 2017, the Zoning Administrator approved a lot line adjustment for Michael Wright
(LLA-07-17).
On August 24, 2021, the City Council approved a development agreement modification, rezone
from MU-DA (Mixed Use with a development agreement) to R-9-DA (Residential with a
development agreement[in lieu of a PUD], and preliminary plat for Kingfisher Cove Townhomes
Subdivision, a 72-lot(63-buildable, 9-common)residential Subdivision (RZ-06-14 MOD/RZ-14-
20&PP-07-20).
On January 25,2022,the City Council approved a design review application for the common area
landscaping within Kingfisher Cove Townhomes Subdivision(DR-50-21).
On May 10, 2022, the City Council approved a design review modification for the common area
structures within Kinghouse Cove Townhomes Subdivision(DR-50-21 MOD).
On May 10, 2022, the City Council approved a design review modification for eleven townhome
buildings within Kingfisher Cove Townhomes Subdivision(Dr-50-21 MOD2).
E. COMPANION APPLICATIONS:None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU(Mixed Use with Vacant property
development agreement[in
lieu of a PUD])
Proposed No Change No Change Restaurant(with
drive-through)
and Retail Sales
(General and
Limited)
North of site Neighborhood Residential R-2-DA-P(Residential with a Countryside
development agreement— Estates
PUD) Subdivision
South of site Industrial PS-DA(Public/Semipublic State Highway
with a development 44 and Eagle
agreement) Sewer District
headworks
East of site Mixed Use R-9-DA(Residential with a Proposed
development agreement [in Kingfisher Cove
lieu of a PUD])(7.38-acre Townhomes
area) Subdivision
(currently under
construction)
West of site Neighborhood Residential R-2-DA-P(Residential with a Countryside
development agreement— Estates
PUD) Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA, CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT:No.
EXISTING SITE CHARACTERISTICS:
The site consists of three (3)unplatted vacant parcels.
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J. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 2.84-acres 1,300-square feet(minimum)
Percentage of Site Devoted to Building 13% 50%(maximum)
Coverage
Percentage of Site Devoted to 31.2% 10%(minimum)
Landscaping
Number of Parking Spaces 96-spaces 78-spaces
Front Setback 95-feet 20-feet(minimum)
Rear Setback 60-feet 20-feet(minimum)
Side Setback 0-feet 7.5-feet(minimum)
Street Side Setback 45-feet 20-feet(minimum)
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings(based on entire site):
The applicant is proposing four(4)buildings with the following uses:
• Pad A—Restaurant with drive-through
• Pad B—Salon
• Pad C—Retail and Restaurant
• Pad D—Medial Office
Height and Number of Stories of Proposed Buildings:
The applicant is proposing a maximum height of 30-feet, and all buildings will be single-story.
Gross Floor Area of Proposed Buildings:
• Pad A—2,078-square feet
• Pad B—7,000-square feet
• Pad C— 1,500-square feet(Retail)and 1,500-square feet(Restaurant)
• Pad D—4,000-square feet
On and Off-Site Circulation:
The site plan shows two (2) access points for ingress/egress. One access points is located along
West State Street approximately 260-feet north of the intersection of State Highway 44 and the
other access point is located at the northeast corner of the site.
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L. PARKING ANALYSIS:
Combined Total for Four(4)Commercial Buildings:
Proposed: 96—on-site parking spaces
Gross Floor Area of Proposed Buildings 16,078-square feet:
Restaurant(with drive-through) =2,078-square feet
Salon =7,000-square feet
Restaurant/Retail =3,000-square feet
Medical Office =4,000-square feet
Total = 16,078-square feet
Combined Required Total for all uses.
Pad A—Restaurant(with drive-through)— 1/200-square feet 2,078/200-square feet = 11
parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 200-square feet of gross floor
area for"Restaurants with drive-through"uses.
Pad—B Salon— 1/250-square feet 7,000/250-square feet = 28 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 250-square feet of gross storage
area for Personal Improvement uses:
Pad C—Retail and Restaurant
Retail 1/250 square-feet 1,500/250-square feet =6 parking spaces
Restaurant 1/150 square-feet 1,500/150-square feet = 10 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 250-square feet of gross floor
area for"Retail"uses
• Eagle City Code Section 8-4-5 requires 1 parking space per 150-square feet of gross floor
area for"Restaurant"uses.
Pad D—Medical Office— 1/200-square feet 4,000/200-square feet =20 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 200-square feet of gross floor
area for"Office,Medical and Dental"uses
Total: =75 parking spaces
M. PUBLIC SERVICES AVAILABLE:
The property will be served by the Veolia Water System. The applicant will be required to
comply with all conditions associated with the sewer system required by the Eagle Sewer District.
The applicant will be required to install fiber-optic conduit within the joint trench for future
connection.
N. PUBLIC USES PROPOSED:
10-foot-wide public pathway located adjacent to the southern property line.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
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P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—no
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—no
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—no
Unique Plant Life—no
Unstable Soils—no
Wildlife Habitat—no
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required.
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments,which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health Department
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Valley Regional Transit
S. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Patrick and Mariah Courtright, date stamped by the City on
November 13,2023.
T. EAGLE CITY CODE 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;
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;
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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
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 (adopted November 15, 2017), designates this site
as the following:
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.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2:Rules and Defmitions:
RESTAURANT WITH DRIVE-THROUGH: A restaurant, typically with indoor seating,
which includes drive-up window service for ordering food to go.
RETAIL SALES:
A. General: The retail sale of merchandise not specifically listed under another use
classification. This classification includes department stores,clothing stores,video stores,
and furniture stores, and businesses retailing the following goods: toys, hobby materials,
handcrafted items, jewelry, cameras, photographic supplies, electronic equipment,
records, sporting goods,bicycles, kitchen utensils, hardware, appliances, art antiques, art
supplies and services, paint and wallpaper, carpeting and floor coverings, and office
supplies.
B. Limited: Excludes furniture, hardware,paint and wallpaper, carpeting and floorcovering,
and similar uses.
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• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
A Restaurant (with drive-through) and Retail Sales (General and Limited) require a
conditional use permit within the MU(Mixed Use)zoning district.
• 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 Width I*
Sq.Ft.)G
And H*
MU 35' 20' 20' 7.5' 20' 50% 5,000 50'
C. DISCUSSION (based on the Conceptual Site Plan, date stamped by the City on May 23, 2023
and the executed development agreement,Ada County instrument#2022-075833):
• The applicant is requesting conditional use permit approval for a coffee shop with a drive-
through (restaurant [with drive-through]) and retail sales (general and limited) use to be
permitted within the property. The Conceptual Site Plan shows the restaurant (with drive-
through) use located within Pad A, in proximity to the intersection of West State Street and
State Highway 44. The Conceptual Site Plan shows the retail use located within Pad C,
located north of the west access point from West State Street.
The Comprehensive Plan identifies this area as a Scenic Corridor. The Comprehensive Plan
defines the Scenic Corridor area as 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
sign controls. The restaurant (with drive-through) should be designed to include a minimum
forty-eight inch (48") berm (measured from the centerline of the adjacent roadway),
decorative block wall, minimum forty-eight inch (48") high landscaping, or combination
thereof shall be provided 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-through lanes (i.e. vehicle headlights and vehicle cueing).
The berm, wall, or landscaping should be reviewed and approved by the Design Review
Board and City Council prior to installation. The berm, wall, or landscaping should be
installed prior to the issuance of a certificate of occupancy.
• The Conceptual Site Plan shows the drive-thru structure located within Pad A straddling the
property line. If the Restaurant(with drive-through) use is approved, the applicant should be
required to submit a lot line adjustment application to move the property line(associated with
Pad A) to a location where the proposed building will be in conformance with the required
setbacks. The lot line adjustment applicant should be reviewed and approved by the Zoning
Administrator prior to recording the lot line adjustment. The applicant should provide a copy
of the recorded lot line adjustment prior to issuance of a zoning certificate for construction of
the building.
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• The Conceptual Site Plan shows a 10-foot-wide sidewalk located adjacent to the southern
property line. The sidewalk terminates approximately 80-feet east of the intersection of West
State Street and State Highway 44. Also, the Conceptual Site Plan does not show a detached
sidewalk located adjacent to West State Street. The applicant should be required to submit a
landscape plan showing a 10-foot-wide sidewalk connecting to the intersection of West State
Street and State Highway 44 and extending to the sidewalk associated with Kingfisher Cove
Townhomes Subdivision. The landscape plan should also show a 5-foot-wide detached
sidewalk located adjacent to West State Street. The landscape plan should be reviewed and
approved by the Design Review Board and City Council prior to issuance of a zoning
certificate for construction of the first structure within the site.
PUBLIC HEARING OF THE COMMISSION(Public Hearing AudioNideo Record):
https://eagle-id.granicus.com/player/clip/1804
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 20, 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 five(5)individuals who indicated the following reasons:
• A restaurant with drive through use is not appropriate for the area.
• There is already too much vehicular traffic within the area.
• The access point to West State Street is too close to the intersection of West State Street and State
Highway 44.
• The vehicle lights from vehicles accessing the restaurant with drive through will impact the
adjacent neighbors.
D. Oral testimony neither in favor of nor in opposition to the application was provided to the Planning
and Zoning Commission by one (1) individual who indicated if a restaurant (with drive through) is
permitted that the west entrance from West State Street be limited to right-out only.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information provided by
staff and the testimony provided. A summary of the deliberation can be found at the following link
(Granicus time:02:28:00):
https://eagle-id.granicus.com/player/clip/1804
COMMISSION DECISION:
The Commission voted 3 to 2 (Guerber and McCauley against) to recommend denial of CU-07-23 for a
conditional use permit for a restaurant(with drive through)use and a retail sales(general and limited)use.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use
(CU-07-23) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses"
and has concluded that the proposed conditional uses:
A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-2-3 since a
restaurant (with drive through) use and retail sales (general and limited) use may be permitted
within the M-U(Mixed Use)zoning district with the approval of a conditional use permit;
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C. Will not 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 because since allowing for a restaurant (with
drive through) and retail sales (general and limited)uses located on the subject property will not
be harmonious with the residential subdivisions located in close proximity to the site due to the
hours of operation and intensity of the proposed uses;
D. Will be hazardous or disturbing to existing or future neighborhood uses due to the amount of
traffic accessing the site and the hours of operation would be disturbing to the surrounding
neighborhood;
G. Will 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 the restaurant (with drive through)use will
add to the existing traffic within the area and the noise from the speaker while placing orders may
negatively impact the surrounding neighbors. The applicant has not provided evidence indicating
otherwise.
DATED this 4th day of December,2023.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
eZ.e.
Trent Wright,Chairman
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