Findings - PZ - 2024 - RZ-11-15 MOD - East End Marketplace - Development Agreement Modification for East End MarketplaceBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION FOR EAST END
MARKETPLACE FOR TPC
COMMERCIAL, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-11-15 MOD
The above -entitled development agreement modification application came before the Eagle Planning and
Zoning Commission for their consideration on December 4, 2023. The application was continued to
January 8, 2024, and January 22, 2024, 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:
TPC Commercial, LLC, represented by Zach Turner with Rennison Design, is requesting a
development agreement modification (development agreement in lieu of a conditional use permit)
to modify the conditions of development and concept plan contained within the executed
development agreement. The 15.55-acre site is generally located on the east side of South
Edgewood Lane between East State Street and State Highway 44.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, on Thursday, September 7, 2023. The
application for this item was received by the City of Eagle on September 19, 2023. A revised
narrative with a revised proposed development agreement was received by the City on October
30, 2023. A revised Conceptual Site Plan, a supplemental narrative, and a second revised
development agreement was received by the City on January 2, 2024. A buffer area map and
concept plan site rendering were received by the City on January 3, 2024.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on October 30, 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 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 November 17, 2023. The site was posted in accordance
with the Eagle City Code on November 20, 2023.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 13, 2007, the City Council approved a Comprehensive Plan Map Amendment, a
rezone with development agreement, a vacation, and a preliminary plat application for Eagle
Gateway Subdivision (CPA-02-06/RZ-08-06/VAC-01-06/PP-09-06).
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On January 12, 2016, the City Council approved a Comprehensive Plan Map Amendment and a
rezone with a development agreement for East End Marketplace(CPA-05-15 &RZ-11-15).
On March 24,2023, the Design Review Board approved a master sign plan for the specialty retail
store for TPC Commercial, LLC (DR-07-16).
On April 14,2023, the Design Review Board approved the common area landscaping within East
End Marketplace,including a specialty retail store for TPC Commercial,LLC (DR-06-16).
On September 8, 2023,the Design Review Board approved an apartment facility for Cottonwood
Meadows within East End Marketplace for Pacific West Communities,Inc. (DR-42-16).
E. COMPANION APPLICATIONS:
A combined preliminary/final plat application for Retail One Subdivision(PP/FP-01-23).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial and Mixed C-2-DA(Commercial- Vacant property and
Use General Business with a senior apartment
Development Agreement) complex
MU-DA(Mixed Use with a
Development Agreement)
Proposed No Change Modification to the Office,retail,
development agreement restaurants with
associated with the current drive through,and
zoning designations bank
North of site Commercial and Mixed MU-DA(Mixed Use with a Single-family
Use development agreement [in dwellings(Gated
lieu of a PUD]) Garden
Subdivision)
South of site Mixed Use MU-DA(Mixed Use) Commercial
subdivision(Tennis
Club Plaza
Subdivision)
East of site Mixed Use BP (Business Park) Mobile home park
and medical office
West of site Downtown MU(Mixed Use)and MU- Office,
DA(Mixed Use with a Commercial,Retail
development agreement) Center
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA,CEDA,or DSDA.
H. TOTAL ACREAGE OF SITE: 15.55-acres
Mixed Use—2.7 acres
Commercial— 12.85 acres
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APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE DEVELOPMENT
AGREEMENT MODIFICATION:
See applicant's justification letter, date stamped by the City on October 30, 2023 (attached to the
staff report). A supplemental narrative was received by the City on January 2, 2024 (attached to
the staff report).
J. GENERAL SITE DESIGN FEATURES:
Greenbelt/Pathway Areas:
The subject site has a 10-foot-wide detached sidewalk located adjacent to State Highway 44 and
South Edgewood Lane. There is a 5-foot-wide detached sidewalk located adjacent to East State
Street. The Conceptual Site Plan also delineates sidewalks provided connectivity between the
various padsites and the multi-family apartments.
Commercial Area:
The site plan, date stamped by the City on January 2, 2024, shows restaurant with drive through
uses located on Pads 1,2, 3a, and 5a. Pads 1,2, and 3a, are located adjacent to State Highway 44.
The remaining padsites are shown with a mix of uses consisting of restaurant, retail, and multi-
tenant commercial.
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.
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.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property has stubbed access points from State Highway 44 (principal arterial), South
Edgewood Lane (minor arterial), and East State Street (minor arterial). The property will be
served by the Eagle Police Department, Eagle Fire Department, Veolia Water Idaho, and Eagle
Sewer District.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—Yes—Located within the landscaped area along State Highway 44
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
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N. NONCONFORMING USES:None.
O. 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
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Fish and Game
Eagle Historic Preservation Commission (HPC): All comments within the HPC email dated
November 1,2023,are of special concern(attached to the staff report).
P. LETTERS FROM THE PUBLIC:None received to date.
Q. 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;
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.
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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 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.
Commercial
Suitable primarily for the development of a wide range of commercial activities including offices,
retail and service establishments.Uses should complement uses within Downtown Eagle.
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. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration,regional trails and connectivity.
CHAPTER 6: LAND USE
6.4 General 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.
6.4.3 General Land Use Implementation Strategies
D. Allow for planned activity centers and nodes to provide commercial and non-residential
needs within the City;discourage the development of strip commercial.
W. Limit non-residential uses to designated areas. The scaling, design, and intensity of these
areas will be paramount to the approval of these uses.
X. Require design treatments to provide compatibility of new development with existing
development by considering such issues as transitional lot sizing, building orientation,
increased setbacks, height limitations, size restrictions, design requirements, fencing,
landscaping or other methods as determined through the development review process.
Y. Commercial and subdivision development within the City should be subject to the Design
Review process.
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CHAPTER 10: COMMUNITY DESIGN
10.1 Background
This chapter will establish goals, objectives and implementation strategies related to Community
Design and the overarching themes that the community is seeking to establish and maintain.
The key elements of community design that the City of Eagle desires to see and implement as the
city develops are(in part):
A clearly identifiable and unique community that people want to live and visit;
The rural feel and charm of a small town in which downtown Eagle functions as the heart of the
community;
10.2 Existing&Future Conditions
The City of Eagle and its citizens take great pride in their community — how the
community is designed, developed and maintained. Community design is the organized
fashion in which a community is developed in order for a general mood or theme to be
established and maintained. Community design is an essential element to how residents
and visitors see the City as they enter and drive through. Properly planned and designed
entryways/gateways invite people into our community through corridors and major
intersections. Good design makes people want to live in Eagle and come and do business
within our community.
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 occur
along these entryway corridors.
10.2 Community Design Goals
A. Protecting the City Character: Strive to create an aesthetically pleasing community
and protect the unique natural beauty and small-town character of the city.
B. Establish and enforce high design standards for landscaping, buildings, signage, and community
investment to ensure that residents, visitors, and those passing through the community know when
they have entered the City of Eagle.
D. Preserving regional transportation corridors (State Highway 55, 16, 44, & U.S.
20/26): Preserve the function of regionally significant roadways through the city
while ensuring compatibility with land uses and design standards of the city.
10.3 Community Design Objectives
A. Create a clearly identifiable community.
B. Enhance the appearance of the City. Design review procedures should guide future
development and redevelopment of existing uses. Depending on land uses and
buildings,more extensive landscaping and fewer points of access may be required.
C. Enhance Eagle's entryways and gateway points. Establish a gateway design plan and
standards for all entry points within the City. The design review process will enable
the City to address the special features of each corridor and/or location to ensure
citizens, visitors, and those passing through the community clearly recognize when
they enter the City of Eagle. Major corridors may take on the look of landscaped
berms like those built adjacent to the Banbury, Two Rivers, Island Woods, and
Lexington Hills Subdivisions or local corridors may be a simple city limits sign with
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population.
E. Recognize the demand that the regional transportation system will have on land use
and community design. Establish, appropriately scale and stringently enforce design
standards for activity centers and nodes along these corridors to both serve the needs
of the community and those passing through.
10.4 Community Design Implementation Strategies
A. Establish and maintain development patterns and design criteria in keeping with the
small town and rural transitional identity of Eagle.
R. Encourage the development of a strong community identity through urban design
standards, downtown revitalization, cultural activities, and visual gateways to the
City.
U. Protect and enhance the small-town character of the City by ensuring building scaling
is appropriate to the site and by requiring signage which is creative and distinctive,
compatible with its surroundings, and an integral component of the style and
character of the building to which it relates.
EE.Ensure that commercial development is scaled appropriately to the intended regional,
community,and neighborhood use.
FF. Limit non-residential uses to designated areas and make scaling and intensity of use
paramount criteria during the review and approval process.
GG.Ensure that gateways are properly delineated and incorporated into development
through the use of approved landscaping,entry markers, and place making features.
GLOSSARY
Commercial
Community Commercial:
A large shopping area that may feature a grocery store as well as department stores or volume
discount retail outlet as an anchor. It may also include a variety of uses such as restaurants,office
and entertainment. A community commercial area may have a total of 80,000 to 120,000 square
feet but no single building in excess of 50,000 square feet.
Pedestrian Friendly/Pedestrian Oriented:
The extent to which the built environment is friendly to the presence of people living, shopping,
visiting, enjoying, or spending time in an area. Factors affecting pedestrian friendliness include
but are not limited to: land use mix; street connectivity; residential density (residential units per
area of residential use); "transparency" which includes amount of glass in windows and doors, as
well as orientation and proximity of homes and buildings to watch over the street; plenty of
places to go to near the majority of homes; placemaking, street designs that work for people, not
just cars and retail floor area ratio. Walkability is often interchanged with pedestrian friendly.
Strip Commercial:
A variety of unrelated retail, service and fast food use located at mid-block, oriented to take
advantage of passing automobile traffic. Connectivity between strip commercial is usually poor,
and each use will tend to have its own curb cut onto the arterial.
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C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 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.
C-2 GENERAL BUSINESS DISTRICT: To permit the establishment of areas for commercial
uses allowed in other commercial zones and commercial uses which are more intensive than those
permitted in other commercial zones. Uses that complement rather than compete with the uses
allowed within the CBD zoning district shall be encouraged.
DA DEVELOPMENT AGREEMENT: This designation,following any zoning designation noted
on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by
the city with a development agreement. Specific provisions, as may have been incorporated
within the development agreement,are applicable to development within this zoning designation.
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
Restaurant(with drive-through)are allowed by Conditional Use within the C-2(General Business
District)zoning designation.
• Eagle City Code Section 8-2A-5: Design Review Overlay Districts; Eagle Architecture and Site
Design Book(EASD):
E. Eagle Architecture And Site Design Book-EASD: The purpose of the EASD Book is to show,
through the use of pictures and text, specific period architectural styles,themes, and elements
envisioned through the requirements of this article. The EASD Book, established through a
resolution of the City Council and as may be amended through future resolution(s), contains
all exhibits referenced in this article and is incorporated herein by reference. However,
Exhibit A-1 may only be modified through an ordinance amendment. The architecture styles
found in the EASD Book are permitted styles. Architectural styles not shown within the
EASD Book will not be considered. A copy of the EASD Book is available at Eagle City
Hall.
• Eagle City Code Section 8-2A-7:Landscape and Buffer Area Requirements:
K. Parking Lot Landscaping:
1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street
parking:
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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.
• Eagle City Code Section 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 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;
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 neighboring uses;
E. Will be served adequately by essential public facilities and services 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 shall be so 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.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL (based on the executed development agreement, Ada County
instrument#2016-035523):
3.7 The multi-family building shall be constructed utilizing a "Craftsman" style of architecture
similar, but not limited to, the architecture shown on Exhibit D. The commercial/retail
buildings shall be constructed utilizing a style architecture as shown on Exhibit E. The multi-
family building and commercial buildings shall be designed utilizing four-sided architecture.
Eagle Design Review Board approval of the detailed architectural plans for the development is
required prior to the issuance of building permits for the multi-family building and
commerciaUretail buildings.
3.8 The commercial area of the Property as depicted on the Concept Plan is to be developed with a
combination of retail, restaurant, and bank uses allowed within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations"under the C-2 zoning designation. The commercial
area shall be limited to a maximum of 80,000-square feet of enclosed area (i.e., enclosed with
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walls and roof). No commercial building footprint shall exceed 30,000-square feet of enclosed
area(i.e., enclosed with walls and roof).
3.10 The Restaurants (with drive through) shall be limited to Pads B, C, K, and N. Owner shall
provide a minimum forty-eight inch (48") buffer (berm, decorative block wall, cultured stone,
decorative rock, or similarly designed concrete wall)between the restaurant drive through lanes
and the adjacent roadway to reduce the impact of the vehicles utilizing the drive through lanes
(i.e.vehicle headlights and vehicle cueing).
3.17 Owner shall install a three foot (3') high landscaped berm (measured from the centerline of
State Highway 44), or alternative method, within a 30-foot wide common lot located adjacent
to State Highway 44. The berm area shall be landscaped with the following plants per one
hundred (100) linear feet of right of way: two (2) shade trees, three (3) evergreen trees, and
twenty four (24) shrubs. Each required shade tree may be substituted with one (1)
flowering/ornamental tree, provided that not more than fifty percent (50%) of the shade trees
are substituted. The total number of trees shall be twenty-five (25) and the total number of
shrubs shall be four hundred and seventy-five (475) as depicted in the plan provided on
December 15,2015 (Exhibit F 1-4). The landscape plan shall be reviewed and approved by the
Design Review Board prior to submittal of a fmal plat application.
3.18 The parking for the site shall be in conformance with Eagle City Code Section 8-4-5: Schedule
of Parking Requirements; except that, the senior housing shall be permitted 1.5-space/dwelling
unit inclusive of one(1)space covered/dwelling unit.
3.19 Loading facilities shall be located on the northern side of structures to not be visible from State
Highway 44.
3.20 Owner shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks. Eagle acknowledges the applicant is applying for an
access point to South Edgewood Lane and, if the applicable transportation agency with
jurisdiction approves the access point, the City acknowledges the access point as approved can
be incorporated into the design of the project.
E. DISCUSSION (based on the East End Marketplace Conceptual Site Plan, date stamped by the City
on January 2, 2024, Development Agreement Modification for "East End Marketplace" (Retail One
Subdivision) narrative, date stamped by the City on October 30, 2023, East End Marketplace—DA
Modification Supplemental Narrative RZ-11-15 MOD, dates stamped by the City on January 2, 2024,
Amended and Restated Development Agreement (applicant's version), date stamped by the City on
January 2, 2024, and the executed development agreement,Ada County instrument#2016-035523):
• On December 15, 2015, the City Council approved a comprehensive plan amendment from
Mixed Use to Commercial and a rezone from BP (Business Park)to MU-DA(Mixed Use with a
development agreement [in lieu of a Conditional Use Permit]) and C-2-DA (General Business
District with a development agreement). As part of the rezone approval, a development
agreement containing conditions of development was executed between the property owner and
the City of Eagle. The conditions of development addressed (in part) the design of the
development(concept plan),proposed uses,and proposed building architecture.
• Condition of Development #3.7 of the executed development agreement required that the
commercial/retail building architecture be constructed in conformance with the exhibits contained
within the development agreement. A specific style of architecture was not identified. The
applicant is proposing that all buildings located within the commercial/retail area be limited to an
Italianate, Craftsman, and/or Mediterranean style of architecture. The proposed styles of
architecture are acceptable styles of architecture as shown in the Eagle Architecture and Site
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Design (EASD) book. If the development agreement modification is approved, Condition of
Development#3.7 should be amended to read as follows:
3.7 The multi-family building shall be constructed utilizing a"Craftsman" style of architecture
similar, but not limited to, the architecture shown on Exhibit D. The commercial/retail
buildings shall be constructed utilizing "Italianate,Craftsman,and/or Mediterranean,"style
architecture as shown on Exhibit E. The multi-family building and commercial buildings
shall be designed utilizing four-sided architecture. Eagle Design Review Board approval of
the detailed architectural plans for the development is required prior to the issuance of
building permits for the multi-family building and commercial/retail buildings.
• The applicant is proposing adding office use to Condition of Development #3.8 within the
proposed Amended and Restated Development Agreement. An office use was not previously
identified within Condition of Development #3.8 as one of the allowed uses. An office use is a
permitted use within the C-2 (General Business District) zoning designation. If the development
agreement modification is approved, Condition of Development#3.8 should be amended to read
as follows:
3.8 The commercial area of the Property as depicted on the Concept Plan is to be developed with
a combination of retail, restaurant, office, and bank uses allowed within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations"under the C-2 zoning designation.
The commercial area shall be limited to a maximum of 80,000-square feet of enclosed area
(i.e., enclosed with walls and roof).No commercial building footprint shall exceed 30,000-
square feet of enclosed area(i.e.,enclosed with walls and roof).
• The executed development agreement contains a concept plan(Exhibit"B") which identifies 21-
pads/tenant spaces located within the property. The concept plan identifies the following
interrelated uses located upon the property (as shown in Figure 1 below): 1) an anchor tenant, 2)
four(4) restaurants (with drive through), 3) three (3) restaurants, 4) Twelve (12) retail uses, and
5) a bank/financial institution with a drive thru lanes. The concept plan indicates the combined
square footage of the commercial buildings is 75,090-square feet. The concept plan shows Pad A
(located in proximity to State Highway 44/State Street and East Edgewood Lane) with an anchor
tenant use. Located north of Pad A the concept plan shows two (2) restaurants with drive-thru.
The concept plan shows a multi-tenant building located on three (3) padsites along the north
property boundary. Between the north boundary line and State Highway 44/ State Street the
concept plan shows eight (8) padsites, one (1) of which contains a restaurant with drive-thru.
Those eight (8) padsites are designed in two (2) groups of four (4) which have pedestrian plaza
areas located between the frontage of the buildings. Also, there is padsite showing a bank with
drive through lanes shown located along State Highway 44/State Street, and another restaurant
with drive thru service located on the east side of the entrance from State Highway 44/State
Street.
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Figure 1
-- EAST END MARKETPLACE .o,a� eE,Al ..° BAT.
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The applicant's proposed modified conceptual site plan (as shown in Figure 2 below) shows the
commercial area reduced from twenty-one (21) pads/tenant spaces to seventeen (17) pads/tenant
spaces in total. The seventeen(17)pads/tenant spaces are proposed to contain four(4)restaurants
(with drive through), two (2) restaurants, five (5) retail stores, and six (6) multi-tenant
commercial spaces. The concept plan indicates the combined square footage of the commercial
buildings is 59,015-square feet.
Figure 2
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-_-- -1' lC-. - - - - - - STATE HIGHWAY 40/EAGLE BYPASS - - - - -
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• Condition of Development #3.10 within the proposed Amended and Restated Development
Agreement identifies the restaurant (with drive through) uses shall be limited to four (4) pads or
parcels. The condition of development does not identify the specific locations for the restaurant
(with drive through) uses except for padsite 1 (as shown on the Conceptual Site Plan). The
condition of development identifies that Pad I is allocated one (1) of the four(4) restaurant drive
throughs. The padsites shown on the Conceptual Site Plan are not numbered with Roman
numerals. Condition of Development #3.10 should identify the specific locations for the
restaurants (with drive through) uses. Also, the condition of development requires the owner to
provide a minimum forty-eight inch (48") buffer (berm, decorative block wall, cultured stone,
decorative rock, or similarly designed concrete wall) between the restaurant drive through lanes
and adjacent roadways. As proposed it is unknown if the requirement is associated with all
restaurant(with drive through)lanes or exclusive to Pad 1 (which is centered within the site along
State Highway 44). The Conceptual Site Plan shows three (3) of the proposed restaurants (with
drive through)uses(Pads 1, 2, and 3a)located along State Highway 44/Eagle Bypass. The fourth
proposed restaurant (with drive through) use (Pad 5a) is located at the northwest corner of the
property in proximity to the intersection of South Edgewood Lane and East State Street. As
proposed,the commercial site is dominated by restaurant(with drive through)uses.The applicant
should be required to provide a minimum forty-eight inch (48") buffer (berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall) between the restaurant
drive through lanes and adjacent roadways. If the development agreement modification is
approved, Condition of Development#3.8 should be amended to read as follows:
3.10 The Restaurants (with drive through) shall be limited to Pads 1,2, 3a, and 5a. Additionally,
the development may include a bank with drive through,which is an allowed use in the C-2
zone. Owner shall provide a minimum forty-eight inch(48")buffer(berm,decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall) between the
restaurant drive through lanes and the adjacent roadway to reduce the impact of the
vehicles utilizing the drive through lanes(i.e. vehicle headlights and vehicle cueing).
• Condition of Development #3.17 of the executed development agreement states, "Owner shall
install a three foot (3') high landscaped berm (measured from the centerline of State Highway
44), or alternative method, within a 30-foot wide common lot located adjacent to State Highway
44. The berm area shall be landscaped with the following plants per one hundred(100)linear feet
of right of way: two (2) shade trees, three (3) evergreen trees, and twenty four(24) shrubs. Each
required shade tree may be substituted with one (1) flowering/ornamental tree, provided that not
more than fifty percent(50%)of the shade trees are substituted. The total number of trees shall be
twenty-five (25) and the total number of shrubs shall be four hundred and seventy-five (475) as
depicted in the plan provided on December 15, 2015 (Exhibit F 1-4). The landscape plan shall be
reviewed and approved by the Design Review Board prior to submittal of a final plat
application."
The applicant is requesting approval to place the three foot (3') high landscaped berm within an
easement instead of a common lot. The subject site is approved as a commercial development;
therefore, the business owners will be responsible for maintaining all the landscaping within the
development. Allowing the berm to be placed within an easement should not be an issue since the
applicant is only proposing to plat a small portion of the area located adjacent to State Highway
44. If development agreement modification is approved, Condition of Development#3.17 should
be amended to read as follows:
3.17 Owner shall install a three foot(3')high landscaped berm(measured from the centerline of
State Highway 44), or alternative method, within a 30-foot wide easement located adjacent
to State Highway 44. The berm area shall be landscaped with the following plants per one
hundred(100) linear feet of right of way: two(2) shade trees,three(3) evergreen trees, and
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twenty four (24) shrubs. Each required shade tree may be substituted with one (1)
flowering/ornamental tree, provided that not more than fifty percent (50%) of the shade
trees are substituted. The total number of trees shall be twenty-five (25) and the total
number of shrubs shall be four hundred and seventy-five (475) as depicted in the plan
provided on December 15, 2015 (Exhibit F 1-4). The landscape plan shall be reviewed and
approved by the Design Review Board prior to submittal of a final plat application.
• Condition of Development #3.19 of the executed development agreement states, "Loading
facilities shall be located on the northern side of structures to not be visible from State Highway
44.
),
The applicant is not proposing loading facilities or docks be located on the south side of the
structures which may be visible from State Highway 44. The applicant is also requesting that
deliveries may be received on the south side of the buildings. If the development agreement
modification is approved, Condition of Development #3.19 should be amended to state, "Loading
facilities or docks shall not be located on the south side of structures, where visible from State
Highway 44; however, deliveries may be received on the south side of the building.".
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held the Eagle Planning and Zoning Commission on
December 4, 2023. The application was continued to January 8, 2024, and January 22, 2024, at which
time public testimony was taken and the public hearing was closed.
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 no one.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by two (2) individuals who indicated the following:
• The additional traffic associated with the development will impact the adjacent roadways (State
Highway 44, South Edgewood Lane, and East State Street).
• If any of the proposed restaurants with drive -through are similar to the restaurants with drive -
through located along Eagle Road in Meridian there will be an issue with stacking at the drive -
through lanes.
• A concern that the proposed development may not have adequate egress.
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: 54:35): https://eagle-id.granicus.com/player/clip/1824?meta_id=90687
COMMISSION DECISION:
The Commission voted 4 to 0 (Wright absent) to recommend approval of RZ-11-15 MOD for a
development agreement modification with the following staff recommended conditions to be placed
within an Amended and Restated Development Agreement with underline text to be added by the
Commission and strike through text to be deleted by the Commission:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
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
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shall comply with the Eagle City Code, as it exists at the time such applications are made except as
otherwise provided within this Agreement.
The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and
platting while still maintaining the general intent of the Conceptual Plan with the requirements set
forth in this Agreement. Specific design elements shall be clarified during the platting and design
review application processes.
3.2 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. 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.
However, the residential portion of this development proposal located within the MU-DA (Mixed
Use with a development agreement) zoning district is recognized by Eagle and Owner as a desired
component to a mixed use development. A residential component of similar size and area to that
depicted on the Concept Plan with the provisions and allowances contained herein, shall be
maintained.
3.3 The total number of residential units on the Property (within area zoned MU-DA) shall not exceed
48-units in the aggregate. Development of the residential portion of the Property will be permitted
through the Design Review process and future conditional use permits for the residential
development will not be required.
3.4 The Setbacks for the Multi-Family units shall be as follows:
North Property Line(East State Street): 2-feet
South Property Line 10-feet
East Property Line(East McGrath Road) 10-feet
West Property Line(Commercial Area) 10-feet
3.5 Owner shall provide landscaping located between East State Street and the multi-family building
commensurate with planting requirements pursuant to Eagle City Code Section 8-2A-7(J)(4)(a).
The landscape plan shall be reviewed and approved by the Design Review Board prior to submittal
of a final plat application or prior to the issuance of any building permits,whichever occurs first.
3.6 The proposed building height of the multi-family structure shall not exceed 40-feet in height as
shown on the submitted building elevation(Exhibit D).
3.7 The multi-family building shall be constructed utilizing a"Craftsman" style of architecture similar,
but not limited to, the architecture shown on Exhibit D. The commercial/retail buildings shall be
constructed utilizing "Italianate, Craftsman, and/or Mediterranean," style architecture and as
shown on Exhibit E. The multi-family building and commercial buildings shall be designed in
conformance with the Eagle Architecture and Site Design Book utilizing four-sided architecture.
Eagle Design Review Board and City Council approval of the detailed architectural plans for the
development is required prior to the issuance of building permits for the multi f mily building and
commercial/retail buildings.
3.8 The commercial area of the Property as depicted on the Concept Plan is to be developed with a
combination of retail,restaurant,office, and bank uses allowed within Eagle City Code Section 8-2-
3 "Official Schedule of District Regulations" under the C-2 zoning designation. The commercial
area shall be limited to a maximum of 80,000-square feet of enclosed area(i.e., enclosed with walls
and roof). No commercial building footprint shall exceed 30,000-square feet of enclosed area(i.e.,
enclosed with walls and roof).
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3.9 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the General Business District
and Mixed Use District land uses allowed by the 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(whichever the case may be)is made for individual building use.
All uses shown as "P"permitted under the C-2 zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the C-2 zoning designation shall require a conditional use
permit.
The following uses which are shown as "C" conditional uses under the MU zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be
permitted uses on the Property:
• Multi-Family Dwelling
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above,the following uses shall also be prohibited on the Property:
• Adult Business;
• Equipment Rental and Sales Yard;
• Kennel;
• Nursery,plant materials;
• Small Engine Repair;
• Storage(enclosed building)
• Storage(fenced area)
3.10 The Restaurants (with drive through) shall be limited to Pads 1, 2, 3a, and 5a. Additionally, the
development may include a bank with drive through, which is an allowed use in the C-2 zone.
Owner shall provide a minimum forty-eight inch(48")buffer(berm,decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall) between the restaurant drive through
lanes and the adjacent roadway to reduce the impact of the vehicles utilizing the drive through lanes
(i.e.vehicle headlights and vehicle cueing).
3.11 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to
the issuance of a building permit. Prior to issuance of any building permits, Owner shall provide
proof of central sewer service with any application for building permit. A letter of approval shall be
provided to the City from the Idaho Department of Health and Welfare, Department of
Environmental Quality,and/or Central District Health,prior to issuance of any building permits.
3.12 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables, etc.). The amenities shall be reviewed and approved by the Design Review Board prior to
the issuance of a Zoning Certificate.
3.13 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands and all common
areas throughout the development, 3) landscape screening details and buffering for the multi-family
residential units located adjacent to East State Street 4) elevation plans for all proposed common
area structures and irrigation pump house (if proposed), 5) landscape screening details of the
irrigation pump house (if proposed), 6) useable amenities such as benches, picnic tables, covered
shelters, benches, gazebos, and/or similar amenities. The design review application shall be
reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat
application, or prior to the issuance of a building permit,whichever occurs first.
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3.14 Owner shall provide an Existing Tree Inventory Map (inclusive of species and size) with the
submittal of a Design Review application. Owner shall provide a narrative with the Existing Tree
Inventory Map indicating how the trees will be incorporated into the design of the subdivision or
mitigated prior to removal of the trees. No trees shall be removed from the site prior to City
approval of a tree removal plan and replacement plan.
3.15 All living trees 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 will be integrated into the open space areas (unless approved for removal by the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat.
3.16 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-
4-1-6, a minimum ten foot (10') wide public sidewalk along the portion of the Property located
adjacent to State Highway 44 and East Edgewood Lane. The public sidewalk shall be constructed
prior to issuance of a Certificate of Occupancy for the first structure on the site. The specific
location and design of the sidewalk shall be approved by the City of Eagle Park and Pathway
Development Commission prior to submittal of a design review application. The public sidewalk
shall be located in a recorded easement or easements dedicated to and accepted by Eagle as
provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument number of the recorded
easement or easements shall be referenced on the face of the plat, upon recordation of the final
plat(s)wherein the public sidewalk is located.
3.17 Owner shall install a three foot (3') high landscaped berm (measured from the centerline of State
Highway 44), or alternative method, within a 30-foot wide easement located adjacent to State
Highway 44. The berm area shall be landscaped with the following plants per one hundred (100)
linear feet of right of way: two (2) shade trees, three (3) evergreen trees, and twenty four (24)
shrubs. Each required shade tree may be substituted with one (1) flowering/ornamental tree,
provided that not more than fifty percent (50%) of the shade trees are substituted. The total number
of trees shall be twenty-five (25)and the total number of shrubs shall be four hundred and seventy-
five (475) as depicted in the plan provided on December 15, 2015 (Exhibit F 1-4). The landscape
plan shall be reviewed and approved by the Design Review Board prior to submittal of a final plat
application.
3.18 The parking for the site shall be in conformance with Eagle City Code Section 8-4-5: Schedule of
Parking Requirements; except that, the senior housing shall be permitted 1.5-space/dwelling unit
inclusive of one(1)space covered/dwelling unit.
3.19 Loading facilities or docks shall not be located on the south side of structures, where visible from
State Highway 44;however,deliveries may be received on the south side of the building.
3.20 Owner shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. Eagle acknowledges the applicant is applying for an access point to
South Edgewood Lane and, if the applicable transportation agency with jurisdiction approves the
access point, the City acknowledges the access point as approved can be incorporated into the
design of the project.
3.21 Residential units shall comply with the U.S. Housing and Urban Development Senior Housing
requirements for "55 year or older" housing. The multi-family development shall be for senior
housing only.
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CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-11-15
MOD) in terms Eagle City Code Section 8-7-5 (F) (1) "Action by the Commission and Council" and
has made the following conclusions with regard to the proposed rezone:
A. The zoning designations of MU-DA (Mixed Use with a development agreement) and C-2-DA
(General Business District with a development agreement) are consistent with the Commercial
designation as shown on the Comprehensive Plan Land Use Map;and
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
any and all uses allowed on this property under the proposed zone as noted in correspondence
from said agencies;and
C. The existing zones are compatible with the zoning and uses in the surrounding area since the area
is surrounded by major roads and non-residential uses, and a mobile home park located adjacent
to the nursing/convalescent homes(senior living facility);and
D. The land proposed associated with the development agreement modification is not located within
a"Hazard Area"and"Special Area"as described within the Comprehensive Plan;
E. No non-conforming uses will be created with the development agreement modification.
2. The Commission reviewed the particular facts and circumstances of this development agreement
modification(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) for the zoning district involved since a nursing/convalescent home (senior living
facility) use, setback waiver, and a height exception to 40-feet may be permitted within the MU
(Mixed Use) zone with the approval of a conditional use permit and/or a development agreement
in lieu of a conditional use permit. Also, a restaurant (with drive-through) use may be permitted
within the C-2 (General Business District) zone with the approval of a conditional use permit
and/or development agreement in lieu of a conditional use permit;
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 since a nursing/convalescent home (senior
living facility), setback waiver, and building height exceptions are permitted with the approval of
a conditional use permit and/or development agreement in lieu of a conditional use permit within
the MU (Mixed Use) zoning district and a restaurant (with drive-through) use may be permitted
within the C-2 (General Business District) zoning district is permitted with the approval of a
conditional use permit and/or development agreement in lieu of a conditional use permit. The
comprehensive plan designates this site as Commercial;
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 all buildings on the site will be designed
to meet the City's design review requirements and design requirements of the Eagle Architecture
and Site Design Book. Also, the applicant is required to provide buffering between the drive-
through lanes associated with the restaurants and the adjacent roadways. The south property line
is located adjacent to a principal arterial (State Highway 44). The west property line is located
adjacent to a minor arterial (South Edgewood Lane) and the north property line is located
adjacent to a collector(East State Street);
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D. Will not be hazardous or disturbing to existing or future neighborhood uses since the property is
surrounded by a principal arterial (State Highway 44), a minor arterial (South Edgewood Lane)
and a collector(East State Street), a medical office,and a mobile home park;
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. Also, development of sewer, water, drainage, streets, and other urban services will be
provided at the developer's expense. The design of the buildings and access roads will be
reviewed and approved by Ada County Highway District and Eagle Fire Department prior to
issuance of a building permit;
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 Veolia Water of Idaho. 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 the proposed commercial
development is located within an area planned for additional traffic and the proposed residential
use on the remaining property will not produce the above mentioned objectionable elements;
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 site is served by existing streets and a
state highway. Also, all access points to the site from the existing street and state highway have
been approved by the Idaho Transportation Department and 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 since there are no scenic or historic features of major importance on the site.
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 5th day of February,2024.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Ida
Trent Wright,Chairman
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