Loading...
Findings - 2026 - RZDA-2024-01/CUP-2024-05 - - Rezone from R-4 to MU-DA and from CBD to CBD-DABEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A REZONE FROM R4 [RESIDENTIAL] ) TO MU-DA [MIXED USE WITH A DEVELOPMENT ) AGREEMENT] AND FROM CBD [CENTRAL ) BUSINESS DISTRICT] TO CBD-DA [CENTRAL ) BUSINESS DISTRICT WITH A DEVELOPMENT ) AGREEMENT] FOR NICK LOUIE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZDA-2024-01/CUP-2024-05 The above -entitled rezone with a development agreement and conditional use permit applications first came before the Eagle Planning and Zoning Commission for their recommendation on December 16, 2024. At the applicant's request, and prior to presentation of the application materials, the public hearing was continued to January 21, 2025. The item was subsequently continued at the applicant's request to March 3, 2025, and again to April 21, 2025. On April 21, 2025, the Commission heard the applications and remanded them with direction to the applicant regarding revisions to the proposal. Following the applicant's subsequent revisions, the requested waivers of Eagle City Code associated with the conditional use permit application were removed, rendering application CUP-2024-05 no longer necessary. The application for a rezone with a development agreement was subsequently re -noticed for public hearing and returned to the Commission on August 17, 2026, 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: Nick Louie, represented by Jeff Likes with ALC Architecture, is requesting a rezone from R-4 (Residential) to MU-DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) and from CBD (Central Business District) to CBD-DA (Central Business District with a development agreement [in lieu of a conditional use permit]) and conditional use permit approval for waivers of Eagle City Code Title 8, in association with a request for three (3) proposed three- story live/work buildings within a mixed use development. The 1.08-acre site consists of four (4) parcels and is located at the northeast corner of North Eagle Road and East Idaho Street at 220 and 250 North Eagle Road, and 16 and 144 East Idaho Street. �9QN14F.11%116121 MIj:33711111FAX A Neighborhood Meeting was held at 6:00 PM on Wednesday, August 2, 2023, at 660 East Civic Lane, in compliance with the application submittal requirement of the Eagle City Code. The applications for this item were received by the City of Eagle on January 22, 2024. A revised site plan and narrative were received by the City of Eagle on February 18, 2025. A second revision to the site plan and narrative was received by the City of Eagle on April 16, 2025. A third revision to the site plan and narrative was received by the City of Eagle on February 18, 2026. A fourth revision to the site plan was received by the City of Eagle on August 11, 2026. Page 1 of 22 KAPlanning Dept\Eagle Applications\RZ&A\2024\RZDA-202401 Eagle & Idaho RZDA\03-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho MU -Findings PZ.doc C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on July 24, 2024, in accordance with the requirements of the Eagle City Code. A second transmittal was sent to the Ada County Highway District and Eagle Fire Department for additional comment on March 12, 2026, following the submittal of the third revised site plan. Notice of the first 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 November 27, 2024. 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 25, 2024. The site was posted in accordance with the Eagle City Code on December 5, 2024. The site was reposted in accordance with the Eagle City Code on April 4, 2025. Notice of the second 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 August 2, 2026. 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 July 30, 2026. The site was posted in accordance with the Eagle City Code on August 6, 2026. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: In 2004, during the Soaring 2025 Western Area Comprehensive Plan Process, the Planning and Zoning Commission recommended an amendment to the Comprehensive Plan to change the land use designation on the east side of Eagle Road (between Idaho Street and Mission Drive) from Residential Four to Central Business District to be consistent with the designation on the west side of Eagle Road. Subsequently, the City Council determined that the designation of this area as Central Business District should be considered upon the individual property owners petitioning the City to amend the Comprehensive Plan rather than as a City initiated amendment. On September 9, 2008, the Eagle City Council approved a Comprehensive Plan Amendment to change the land use designation on the Comprehensive Plan Land Use Map for eleven parcels, from Residential Four (up to four units per acre) to Central Business District, for properties located on North Ist Street and North Eagle Road, north of Idaho Street, south of Mission Street, and east of North Eagle Road. On February 24, 2009, the Eagle City Council approved a design review application to convert a residential dwelling into an Art Studio and Gallery for Kelly Beach (DR-83-08). (This item is relevant as it pertains to the City's desire for a north -south alley between Mission Drive and Idaho Street.) On April 24, 2018, the Eagle City Council approved a modification to the design review application to change the use of the building from artist studio and gallery to office (business and professional). (DR-83-08 MOD). (This item is relevant as it pertains to the City's desire for a north -south alley between Mission Drive and Idaho Street.) Page 2 of 22 KAPlanning Dept\Eagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDA\03-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho MU -Findings PZ.doc E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPREHENSIVE ZONING LAND USE PLAN DESIGNATION DESIGNATION R-4 (Residential) and Existing Downtown CBD (Central Single family residential Business District MU-DA (Mixed Use Mixed use development with a development including townhomes and agreement) and CBD- live/work multi -tenant Proposed No change DA (Central Business buildings, with attached District with a restaurant and commercial development agreement) uses North of Site Downtown R-4 (Residential) Single family residential South of Site Downtown CBD (Central Office (Business and Business District) Professional) CBD (Central Single family residential East of Site Downtown Business District) and Office (Business and Professional Preschool (Eagle Early West of Site Downtown CBD (Central Learning Center) and Business District) Office (Business and Professional Page 3 of 22 KAPlanning Dept\Eagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDA\03-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho W-Findings PZ.doc F. PARKING ANALYSIS: Building 1 (Residential Only) Land Use Parking Requirements per Eagle City Code Section 8-4-5 Total Required Apartments or 2 spaces (1 covered) for 5 x 2 = 10 multi -family each unit with 2 or more 5 proposed 12-parking spaces dwellings bedrooms, plus 0.25 units 5 x 0.25 = 1.25 (5 covered) spaces for guest parking guest spaces Building 1 Total 12-parking spaces (5 covered) Building 2 (Live/Work: Residential & Office [Business and Professional]) Land Use Parking Requirements per Eagle City Code Section 8-4-5 Total Required Apartments or 2 spaces (1 covered) for 5 x 2 = 10 multi -family each unit with 2 or more 5 proposed 12-parking spaces dwellings bedrooms, plus 0.25 units 5 x 0.25 = 1.25 (5-covered) spaces for guest parking guest spaces Office (Business and 1 space per 250 square 1,129 square 1,129/250 = 4.52 3-parking spaces Professional) feet feet 4.52 x 50% = 2.26* Building 2 Total 15-parking spaces* (5 covered) Building 3 (Live/Work: Residential, Office [Business and Professional], and Restaurant) Land Use Parking Requirements per Eagle City Code Section 8-4-5 Total Required Apartments or 2 spaces (1 covered) for 5 x 2 = 10 multi-familyeach unit with 2 or more 5 proposed 12-parking spaces dwellings bedrooms, plus 0.25 units 5 x 0.25 = 1.5 guest (5 covered) spaces for guest parking spaces Office 1,492 square 1,492/250 = 5.97 (Business and 1 space per 250 square feet 3-parking spaces Professional)feet 4.68 x 50% = 2.98* 2,024/150=13.49 Restaurant 1 space per 150 square feet p p q 2,024 square feet ° = 13.49 x 50% 7-parking spaces* p g p 6.75* Building 3 Total 22-parking spaces* *In the DDA and TDA, the space requirement shall be reduced by fifty percent (50%) for all nonresidential uses and adjacent on street parking shall be included in the minimum requirement. Page 4 of 22 K:\Planning Dept\Eagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDA\03-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho W-Findings PZ.doc TOTALS: Residential, Office, and Restaurant Uses (All 3 Buildings) Total Parking Required: 49-parking spaces (15-covered) Total Parking Proposed: 55-parking spaces (30-covered) General Parking 17-parking spaces Covered Parking (residential garage) 30-parking spaces Compact Parking 8-compact spaces (32%) "Additionally, minimum ADA parking space quantities, striping, and signage requirements may be required in accordance with Idaho Building Code - Chapter 11 "Accessibility". G. DESIGN REVIEW OVERLAY DISTRICT: The entire site is located within the TDA (Transitional Development Area). The purpose of the TDA is to provide areas for public parking and service to the DDA (Downtown Development Area) and serve as an area for future expansion of the DDA as market demands grow. H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See the applicant's original narrative, dated February 18, 2025, and the revised narrative, dated February 9, 2026. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The site is within the service boundaries of the Eagle Police Department, Eagle Fire Department, Eagle Sewer District, and Veolia Water. Site approval letters from the service providers will be required prior to the issuance of any building permits for this site. J. NONCONFORMING USES: Relative to setbacks, the existing accessory structure located at 220 North Eagle Road is situated 16-feet from the rear property line. According to Eagle City Code Section 8-2-4, a minimum setback of 25-feet from the rear property line is required in the R-4 zoning district. This deficiency represents a nonconforming use of the property. All existing nonconforming uses are proposed to be removed prior to issuance of the first zoning certificate associated with the property. K. 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 (ACHD) —The letter from ACHD does not address an alley which would connect to Mission Drive, since it was not initially proposed as a part of this application. However, ACHD has since commented in an email to staff that a north -south alley from East Idaho Street to Mission Drive would not meet District policy and is therefore not supported by ACHD. Additionally, email correspondence from ACHD dated March 25, 2026, indicates that on -street parking on Eagle Road is not preferred. Eagle Fire Department — Email correspondence from the Eagle Fire Department dated April 15, 2025, indicates that Eagle Fire does not support a 12 foot (12 ) wide alley on this property. Additionally, email correspondence from the Eagle Fire Department dated February 9, 2026, indicates that the proposed emergency access routes shown on the revised site plan (2026) are acceptable. Page 5 of 22 KAPlanning Dept\Eagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDA\03-Working Files\0l-P&Z\2026_ReAsed Plans\Eagle & Idaho W-Findings PZ.doc Central District Health Department of Environmental Quality Eagle Sewer District L. LETTERS FROM THE PUBLIC: A letter from Peter Ledford was received by the City on December 16, 2024. A letter from Rebecca Elizabeth was received by the City on December 16, 2024. 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: This Comprehensive Plan Land Use Map (adopted November 15, 2017) designates this site as the following: Downtown (within the Olde Towne Planning Area). 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. Glossary CBD — Central Business District, the previous name of the "Downtown" land use district. Chapter 6 — Land Use 6.17.2 Downtown Intended to focus and solidify the City's planning vision, goals, actions, and investments in support of the growth and continued revitalization of Downtown Eagle; to help coordinate private and public investment in the heart of the City of Eagle. It is the City's primary means of guiding land uses and development for properties located within the Downtown Eagle Planning Area. See the planning area text for a complete description of site specific uses and development guidelines. 6.17.3 Olde Towne Planning Area N. Whenever possible, the use of alleys, cross access easements, and rear service drives should be incorporated to separate pedestrians from vehicles as well as to allow services, such a garbage and deliveries, to occur where they will not cause additional congestion, conflicts, or interfere with the livability of the area. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-1: Districts Established Purposed and Restrictions: CBD CENTRAL BUSINESS DISTRICT: To accommodate and encourage further expansion and renewal in the historical core business area of the community. A variety of businesses, public, quasi -public, cultural, residential, and other related uses are encouraged. The greatest possible concentration of retail sales and business is to occur in this district. Pedestrian friendly uses and developments are encouraged. Page 6 of 22 KAPlanning Dept\Eagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDAW-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho W-Findings PZ.doc 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. • Eagle City Code Section 8-2-3: Schedule of District Regulations: Schedule of District Use Regulations Districts Land Uses CBD MU Residential: Single-family attached dwelling C C Single-family dwelling (existing) P C Commercial: Bar P C Microbrewery P C Retail (General) P C Retail (Limited) P C • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Zoning District Maximum Height Maximum Yard Setbacks Maximum Lot Coverage Minimum Lot Area (Sq. Ft.) Minimum Lot Width Front Rear Interior Side Street Side CBD 35' 0' 0' 0' 0' 92% N/A 25' MU 35' 20' 20' 7.5' 20' 50% 5,000 50' B. Except for single-family attached dwellings, an additional 5-feet per story side setback is required for all multi -story structures. Height not to exceed the maximum within the zone. Page 7 of 22 K:\Planning Dept\Eagle Applications\RZ&.A\2024\RZDA-2024-01 Eagle & Idaho RZDA\03-Working Files\OI-P&Z\2026_Revised Plans\Eagle & Idaho W-Findings PZ.doc • Eagle City Code Section 8-2A-5(C): Design Review Overlay Districts; Eagle Architecture and Site Design Book (EASD); Areas of Development: Where any parcel lies within more than one (1) development area described above, the entire parcel shall be considered to be within the development area with the more restrictive requirements. However, the development of a parcel located within more than one (1) development area may be permitted using the criteria from each respective district provided the Design Review Board determines that the more restrictive criteria is not compromised and that the development is in harmony with the adjacent properties. • Eagle City Code Section 8-2A-6(D)(6): Planning Considerations c. Vehicular and Pedestrian Use: Extension of Idaho Street for vehicular and pedestrian use shall be considered. • Eagle City Code Section 8-3-6: Street Improvements on State Street and Eagle Road: The City has a substantial investment in the street improvements constructed along State Street between Ballantyne and Edgewood Lanes and along Eagle Road between the Highway 55 bypass and Ranch Drive as part of the Eagle downtown revitalization project. It is essential to the public health, safety and welfare that any new construction along the designated portions of those streets comply with the following standards. In addition, State Street and Eagle Road are state highways and are subject to the jurisdiction both of the Idaho department of transportation, hereafter defined as "department", and the Ada County highway district, hereafter defined as "district". Applications for any building permit for construction adjacent to the above designated portions of State Street and Eagle Road shall comply with the following requirements: A. Street Cuts: No utility cuts into the pavement of State Street or Eagle Road will be permitted without a permit from the department, or district, whichever is applicable. B. Curb, Gutter, and Sidewalks: Construction of standard six inch (6') vertical curb and gutter, and five foot (5') sidewalks meeting the department, or district standards, whichever is applicable, shall be constructed. C. Plans: Plans for curb, gutter, sidewalk, and pavement match design must be submitted to and approved by the department, or district, whichever is applicable, for compliance with standards. D. Streetlights And Trees: Applicants who propose development adjacent to State Street between Cobblestone Lane to Stierman Way, and adjacent to Eagle Road between Aikens and Idaho Streets shall be required to install streetlights and trees approved by the city. City approval shall include installation, location and spacing of streetlights and trees determined by the city. Light poles and bases installed by the city during the 1993 Eagle downtown revitalization project in accordance with specifications and drawings for streetlight and trees are on file at city hall. Trees must be installed in tree wells. Power to the streetlights and irrigation water for the trees must be provided by the applicant. Tree types must be from an approved list provided by the city. E. Guarantee Of Improvements: In lieu of the actual installation of curbs, gutters and sidewalks, the city council may permit the applicant to provide a financial guarantee of performance bond which shall be in an amount equal to one hundred ten percent (110%) of the total estimated cost for completing construction of the specified improvements, to be held in trust by the district, as estimated by the district, and shall be with a surety company authorized to do business in the state of Idaho. Page 8 of 22 KAPlanning Dept\Eagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDA\03-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho W-Findings PZ.doc 2. In lieu of the actual installation of streetlights, street trees, tree wells and irrigation, the city council may permit the applicant to provide a financial guarantee or surety in the form of a letter of credit, certificate of deposit, or cash which shall be in an amount equal to one hundred fifty percent (150%) of the total estimated cost for completing construction of the specified improvements, to be held in trust by the city, as estimated by the city engineer, and shall be with a surety company authorized to do business in the state of Idaho. F. Inspections: The applicant shall be required to pay the city inspection fees for the inspection of streetlights and trees. G. Improvements: The applicant shall be required to pay the district inspection fees for the inspection of all other improvements in the right of way. • Eagle City Code Section 8-4-2: Application of Provisions: D. If more than one use is located on the site, the number of off street parking spaces shall be equal to the sum of the requirements prescribed for each use unless a joint/collective parking facility is approved as provided for in section 8-4-4-3 of this chapter. • Eagle City Code Section 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. E. Compact Spaces: A maximum of thirty percent (30%) of the total spaces provided may be designed, designated and used for compact size vehicles. The minimum standards for compact vehicle spaces and driveways are set forth in subsection 8-4-4-217 of this chapter. Compact spaces shall be located along the perimeter of the parking lot or in those areas most distant from the structure or use being served. Parking areas immediately adjacent to or within close proximity to the building entrances shall be designated for standard (full size) spaces. Compact spaces shall be clearly marked as such on the pavement or curb. Surplus parking spaces (those spaces that exceed the minimum number required by this title) shall also comply with the thirty percent (30%) maximum per total number of spaces permitted for compact spaces. The allowed percentage of compact spaces may only be increased by conditional use approval from the city council. Page 9 of 22 KAI'lanning Dept\Eagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDA\03-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho W-Findings PZ.doc • Eagle City Code Section 8-10-1: Development Agreement Requirements and Restrictions 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. C. DISCUSSION (based on the revised site plan and narrative, date stamped by the City on February 18, 2026): • The applicant is requesting a rezone of the northern parcel within the proposed development from R-4 (Residential) to MU-DA (Mixed Use with a development agreement). The southern three (3) parcels, located at 16, 250, and 144 E Idaho Street, are currently zoned CBD (Central Business District), and are proposed to be rezoned to CBD-DA (Central Business District with a development agreement). • The entire site is located within the TDA (Transitional Development Area). Development of the site, including site design, setbacks, parking requirements, circulation, and other applicable development standards, should comply with the TDA-specific provisions of the Eagle City Code. Eagle City Code Section 8-10-1 states that a development agreement is a discretionary tool used to allow a specific project with a specific use to be developed on property in an area that is not appropriate for all uses — permitted or conditional — within the requested zone. Incorporating a development agreement into this zoning application allows the City to require specific improvements and development standards that support cohesive planning and help realize a unified vision for Downtown Eagle. Within the MU (Mixed Use) zoning district, Eagle City Code requires that conditional uses be reviewed through the Planned Unit Development (PUD) and/or development agreement process, unless the development does not meet the minimum ten -acre threshold required for a PUD. In such cases, the code encourages cooperative development with adjacent parcels or, alternatively, processing through a conditional use permit — unless the proposed uses are otherwise permitted. In this application, the proposed project spans four parcels and includes both MU and CBD zoning designations. Although the site does not meet the minimum acreage for a PUD, the applicant is proposing a development agreement that will apply to and regulate the entire development. As allowed under Eagle City Code, the development agreement will serve as the mechanism to authorize and condition any uses that would otherwise require a conditional use permit. Under this agreement, the applicant is proposing the following conditional uses to be permitted within the MU-DA and CBD-DA zoning designations: • Bar • Single-family attached dwelling • Single-family dwelling (existing) • Microbrewery • Retail Sales (General) • Retail Sales (Limited) • The site currently includes three (3) single-family residences and two (2) accessory structures on an otherwise vacant lot. All existing dwellings and accessory structures on site should be removed prior to issuance of a zoning certificate. Page 10 of 22 KAPlanning Dept\Eagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDAM-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho MU -Findings PZ.doc ■ Pursuant to the parking requirements outlined in Eagle City Code Section 8-4-5, the cumulative square footage of commercial uses within the live/work residential units should be limited to ensure adequate on -site parking. If the site is developed pursuant to the uses and site plan within Exhibit C, the maximum cumulative square footage restrictions of each commercial use within the live/work residential units should be as follows: Building 1 ■ Residential uses only; no commercial use(s) shall be permitted Building 2 ■ Non-residential (commercial): 1,129 square feet maximum Building 3 Units 1-4 (Live/Work) ■ Non-residential (commercial): 540 square feet maximum (135 square feet per unit) Unit 5 (Residential only) ■ Residential uses only; no commercial use(s) shall be permitted Unit 6 (Restaurant and Office, Business and Professional) ■ Restaurant (no drive -through): 2,024 square feet maximum ■ Office (Business and Professional): 952 square feet maximum The portion of the property within the CBD (Central Business District) zoning designation consists of three (3) separate parcels. Two of these parcels are configured with lot lines that bisect the footprint of Building 3, as shown in the proposed site plan. The applicant should be required to submit a lot line adjustment application to remove the two internal lot lines within the portion of the site zoned CBD prior to submittal of a design review application. During the establishment of the Old Towne Planning Area, guidelines were incorporated into the Comprehensive Plan to promote the use of alleys, cross access easements, and rear service drives, aiming to alleviate traffic congestion on Eagle Road, separate pedestrians from vehicles, and facilitate essential services like garbage collection and deliveries without contributing to congestion or compromising the area's livability. This site is associated with previous approvals (DR-83-08 and DR-83-08 MOD) which have required access easements for a future north -south alley between Idaho Street and Mission Drive. The following site history description outlines the City's rationale behind the north -south alley and the previous approvals which have required access easements for its future construction (taken from a staff memo dated September 4, 2009, in reference to application RZ-05-09): The term "alley" is not meant to be applied in the connotative as a dark and dank passageway but in the denotative as providing access to properties via a lane running between or behind buildings. The term "drive aisle" is appropriate. As the downtown plan is ever -evolving, one of the (many) initial objectives was to incorporate and achieve street interconnectivity while stressing pedestrian oriented design. Emphasis on the streetscape enhances the pedestrian experience, allowing for a human -scale design that also contributes to the vitality of the storefronts lining the roadway. Rear -located drive aisles would provide inter -connectivity to disperse traffic from the roadways as well as provide access to parking; the auto -dominated realm would be relegated to a lower status to aid in creating a vibrant, walkable, and diverse downtown. In this vein, staff has attempted to facilitate this concept through recent land -use applications submitted to the City, as noted below. Page 11 of 22 KAPlanning Dept\Eagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDA\03-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho MU -Findings PZ.doc On June 9, 2008, the Planning and Zoning Commission heard an application for a Comprehensive Plan Amendment and a Rezone (CPA-3-08 & RZ-7-08) for properties located on North Isl Street and North Eagle Road, north of Idaho Street, south of Mission Street, and east of North Eagle Road... In the Commission's recommendation for approval, the Commission suggested that there be a development agreement put together that included cross access, shared parking, and shared driveways among the subject properties. At the January 22, 2009, Design Review meeting, the Board recommended approval of a design review application (DR-83-08) for the Kelly Beach property on 237 N Isr Street to convert a residence to an artist gallery/studio. In its motion, the Board stated, in part, "The applicant shall work with City staff to draft an easement agreement for a future alley. The agreement shall include a 12 ft. wide public use easement adjacent to and along the entire length of the property's west boundary line. The agreement shall include a provision for land to be dedicated as public right-of-way if a future jurisdictional authority requires the land to be public right-of-way versus an easement. The purpose for the easement/right-of-way is for a planned, approximately 24 ft. wide public alleyway extending from Mission Drive to the existing east/west alley right of way approximately 90 ft. south of the site, or to Idaho Street. " On February 24, 2009, the City Council approved the design review application and required that the owner enter into an easement agreement for a future alley to be located along the entire length of the western 12 feet of the property. Again, as part of this change to the planning of this area, staff has recognized and promoted the effort to limit access on Eagle Road to a minimum number of driveways to eliminate conflicts with both vehicles and pedestrians as Eagle Road becomes busier and the Downtown becomes more "walkable. " In this scenario, cross -access among the properties would be via a drive aisle along the rear of the properties on Eagle Road and 1st Street, as well as Idaho Street, to provide connectivity to balance the reduction in driveway locations. Upon redevelopment of these sites, a drive aisle would be constructed by each applicant to allow for continuous and adequate connection between the referenced properties. The site plan previously presented to the Planning and Zoning Commission (on April 21, 2025), included a 12-foot (12') wide private half -alley along the eastern boundary of the property, with the potential for a future 24-foot (24') wide north -south alley upon redevelopment of the adjacent property to the east (154 E Idaho Street). Following their review of that configuration, the Commission remanded the applications and directed the applicant to return with a revised site plan that does not include a north -south alley. The current site plan (date stamped by the City on February 18, 2026) has been revised accordingly and does not include a north -south alley. Staff s analysis of the proposed development, including parking, setbacks, landscaping, screening, circulation, and other applicable site development standards, is based on the current site plan as presented. The applicant has indicated a willingness and ability to incorporate a north -south alley if ultimately desired by the City; however, an alternative site design incorporating the alley has not been used as the basis for the analysis contained within the staff report. Page 12 of 22 KAPlanning Dept\Eagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDA\03-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho W-Findings PZ.doc PUBLIC HEARINGS OF THE COMMISSION: A. The applications were first scheduled for public hearing before the Planning and Zoning Commission on December 16, 2024. At the applicant's request, and prior to presentation of the application materials, the hearing was continued to January 21, 2025. B. On January 21, 2025, the applicant again requested a continuance prior to presentation of the application materials. The hearing was continued to March 3, 2025. C. On March 3, 2025, the applicant again requested a continuance prior to presentation of the application materials. The hearing was continued to April 21, 2025. D. On April 21, 2025, the Planning and Zoning Commission heard the applications and received public testimony. Following consideration of the application materials and testimony, the Commission remanded the applications with direction to the applicant to revise the proposal. E. Following submittal of revised application materials, the applications were re -noticed for public hearing and returned to the Planning and Zoning Commission on August 17, 2026. The Commission received additional public testimony, closed the public hearing, and made its recommendation at that time. PUBLIC HEARING ON APRIL 21, 2025: A. On April 21, 2025, the Planning and Zoning Commission heard the applications and received public testimony. B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by no one, not including the applicant. C. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission by two (2) individuals who expressed concerns regarding the following: • The requested waivers are not appropriate, and the site should be designed to comply with the applicable requirements of Eagle City Code. • The proposed density and building scale were not consistent with Eagle's small-town downtown character and that continued construction of larger and taller buildings may negatively affect that character. • The proposed parking is inadequate for the intensity of the development. • The architectural style is not compatible with the surrounding downtown area or reflective of a clear architectural vision for downtown Eagle. D. Rebuttal was presented to the Commission by the applicant who indicated the following: • The applicant stated that the revised plans limit the maximum building height to thirty-five feet (35') and that a height exception is no longer being requested. • The applicant indicated a willingness to continue working with staff regarding the architectural style and compatibility of the proposed development. COMMISSION DELIBERATION (April 21, 2025): Upon closing the public hearing, the Commission made a motion based on the information provided by the applicant and the testimony provided. A summary of the deliberation can be found at the following link: (Granicus time: 00:03:38) https:llea2le-id.gt-aiiictis.com/` ayer/clip/2066 Page 13 of 22 KAPlanning Dept\Eagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDAM-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho W-Findings PZ.doc COMMISSION DECISION (April21, 2025): The Planning and Zoning Commission voted 3 to 0 (McCauley and Smith absent) to remand the applications with direction to the applicant to make the following changes: • Remove the north -south alley along the eastern boundary. • Provide a parking plan that does not exceed a twenty-five percent (25%) reduction from the parking otherwise allowed by Eagle City Code. • Provide documentation of approval from the Eagle Fire Department and demonstrate how fire apparatus, loading vehicles, garbage trucks, and other service vehicles will navigate the site. • Provide documentation to ensure adequate parking (in accordance with Eagle City Code Section 8-4) is available for the proposed retail and office uses. • Limit the maximum building height throughout the development to thirty-five (35'). • Require a minimum wall height of five -feet and six -inches (5'6") for any trash enclosure(s). PUBLIC HEARING ON AUGUST 17, 2026: A. Following submittal of revised application materials, the applications were re -noticed for public hearing and returned to the Planning and Zoning Commission on August 17, 2026. The Commission received additional public testimony, closed the public hearing, and made its recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by two (2) individuals, not including the applicant, who indicated: • Following the recent construction and revitalization of the downtown area, it is exciting to see continued development. • The applicant has made significant effort to revise their plans to address the Commission's concerns identified during the first public hearing. The Commission should value the investment that the applicant wants to make in the City. C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by one (1) individual who expressed concerns regarding the following: • The proposed tall buildings and intensity are incongruent with the "Eagle experience." • The proposed parking is inadequate for the intensity of the development, and if compact spaces are allowed, it is likely that car doors will frequently be damaged. D. Rebuttal was presented to the Commission by the applicant who indicated the following: • The site has been revised to ensure parking is provided as required by City Code. The site is not intended to be a parking lot. • In early design, it is not uncommon to start with a higher -intensity development and scale back as the project moves through the review process. • The applicant indicated a willingness to continue working with staff regarding the architectural style and compatibility of the proposed development. COMMISSION DELIBERATION (August 17, 2026): Upon closing the public hearing, the Commission made a motion based on the information provided by the applicant and the testimony provided. A summary of the deliberation can be found at the following link: (Granicus time: 00:14:18) https://eaale-id.graiiicus.conr/player/clip/2280 Page 14 of 22 KA\Planning Dept\Eagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDA\03-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho W-Findings PZ.doc COMMISSION DECISION (August 17, 2026): The Commission voted 5 to 0 to recommend approval of RZDA-2024-01 for a rezone with a development agreement from R-4 (Residential) to MU-DA (Mixed Use with a development agreement) and from CBD (Central Business District) to CBD-DA (Central Business District with a development agreement) in association with a request for three (3) proposed three-story live/work buildings within a mixed use development, with the following staff recommended conditions of development, with underlined text to be added by the Commission: 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.2 The Concept Plans (Exhibit C) represent the Owner's current concept for completion of the project. As the Owner's development plan evolves, the City understands and agrees that certain changes in the Concept Plan 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. 3.3 The total number of residential units on the Property shall not exceed fifteen (15) units in the aggregate. Development of the residential portion of this Property shall be permitted through the design review process and future conditional use permits for the residential uses within the development shall not be required. 3.4 No commercial, office, or other non-residential uses shall be permitted within Building 1. 3.5 Each live/work unit shall be limited to a single, non-residential use within the ground floor at any given time, which may either be Office (Business and Professional), Retail Sales (General), Retail Sales (Limited), or another permitted commercial use in accordance with Eagle City Code Section 8-2-3, unless otherwise set forth in this agreement. The simultaneous operation of multiple non- residential uses within a single unit is prohibited. Page 15 of 22 K:\Planning Dept\Fagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDA\03-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho W-Findings PZ.doc 3.6 If the site is developed pursuant to the uses and site plan within Exhibit C, the maximum cumulative square footage restrictions of each commercial use within the live/work residential units shall be as follows: Building 1 ■ Residential uses only; no commercial use(s) shall be permitted Building 2 ■ Non-residential (commercial): 1,129 square feet maximum Building 3 Units 1-4 (Live/Work) ■ Non-residential (commercial): 540 square feet maximum Unit 5 (Residential only) ■ Residential uses only; no commercial use(s) shall be permitted Unit 6 (Restaurant and Office, Business and Professional) ■ Restaurant (no drive -through): 2,024 square feet maximum ■ Office (Business and Professional): 952 square feet maximum 3.6.1 Residential use of the ground floor of Buildings 2 and 3 shall be prohibited, except for garages and those portions of the ground floor necessary for access to residential units located on upper floors, including entry areas, foyers, and stairways. 3.7 Except for the limitations and allowances expressly set forth above and within the other terms of this Agreement, the Property can be developed and used consistent with the Mixed Use land uses allowed by Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing at the time a design review application or conditional use permit application (whichever the case may be) is made for individual building use. All uses shown as "P" permitted under the MU (Mixed Use) 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 MU zoning designation shall require a conditional use permit, except that the residential uses of the Property described in Section 3.3 shall not 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: ■ Bar ■ Single-family attached dwelling ■ Single-family dwelling (Existing) ■ Microbrewery [Building 3, Unit 6 only] ■ Retail Sales (General) ■ Retail Sales (Limited) Page 16 of 22 KAPlanning Dept\Eagle Applications\R7,&A\2024\RZDA-2024-01 Eagle & Idaho RZDA\03-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho MU -Findings PZ.doc 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: ■ Dwelling (Single-family detached) ■ Multi -family dwelling ■ Residential, Mobile Home (Single Unit) ■ Residential, Mobile Home (Single Unit Temporary Living Quarters) ■ Residential, Mobile Home Park ■ Adult Business ■ Cemetery ■ Circuses and Carnivals ■ Drive -In Theatre ■ Equipment Rental and Sales Yard ■ Kennel ■ Nursery, plant materials ■ Riding Academies/Stables ■ Small Engine Repair ■ Storage (fenced area) 3.7.1 Existing residential dwellings and accessory structures on the Property may remain in place until the issuance of the first zoning certificate associated with this Agreement. All existing dwellings and accessory structures on site shall be removed prior to issuance of the first zoning certificate. 3.8 If commercial uses are proposed on the ground floor of any building, Owner shall submit building plans demonstrating compliance with all applicable fire protection standards and building code requirements for mixed -use commercial occupancy. Plans shall be reviewed and approved by the City of Eagle Building Division and the Eagle Fire District. All required fire protection systems, including but not limited to fire -rated separations, fire alarms, and suppression systems shall be installed, inspected, and approved prior to issuance of a Certificate of Occupancy for the commercial space. The commercial uses permitted within the development may be further limited based on the ability of the proposed building or tenant space to comply with applicable fire protection and building code requirements at the time of building permit or change of use review. 3.9 Any time a use or tenant changes, each non-residential (commercial) use proposed on the Property shall be subject to review and approval of a change of use and/or change of tenant application, as applicable, by City staff, prior to issuance of a zoning certificate, business license, or building permit associated with a commercial tenant improvement. 3.10 Owner shall complete the condominiumization of the three (3) buildings on the Property, including recordation of a condominium plat establishing each residential or commercial unit as an individual condominium unit, together with all required declarations, CC&Rs, and associated documents, prior to the issuance of the first Certificate of Occupancy for any unit within the development. 3.11 A minimum of 49-parking spaces (15-covered) shall be provided on the Property. Owner shall provide a detailed parking analysis for the commercial buildings at the time of submittal of every design review application associated with the Property. Page 17 of 22 K9Planning Dept\Eagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDA\03-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho W-Findings PZ.doc 3.12 The conditions, covenants, and restrictions (CC&Rs) for the Property shall contain at least the following: a) An allocation of responsibility for repair and maintenance of all community and privately owned drive aisles and parking areas (including repair and replacement of permeable pavers, asphalt, and striping), sidewalks, walkways and plaza areas, landscaping, pressurized irrigation facilities, exterior lighting, fencing, and site amenities. The permeable pavers shown between Building 1 and Building 2 within Exhibit C shall be designed and maintained to ensure adequate site drainage in perpetuity. The owner shall provide an operation and maintenance manual, including the funding mechanism, as an addendum to the CC&Rs. The repair and maintenance obligations shall run with the land and may not be modified without express consent of the City. Additionally, the homeowner's association/property owners' association — or any other responsible entity — may not be dissolved without express consent of the City. b) A requirement for all fencing located adjacent to open space to be open -style such as wrought iron, extruded aluminum (or approved equal), or three -rail type wooden decorative fencing. All other fencing (i.e., cedar fencing, chainlink) shall be prohibited. c) A requirement that all vehicular access and parking areas within the Property be subject to a perpetual reciprocal cross -parking and cross -access easement for vehicular and pedestrian ingress and egress to public rights -of -way. Such perpetual easement shall run with the land, and the restrictive covenant for maintenance cannot be modified without the express consent of the City. d) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations, or ordinances, then the more restrictive government rule, regulation, or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws, and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law, or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law, or ordinance. 3.13 Owner shall submit a Lot Line Adjustment application to remove the two (2) lot lines internal to the portion of the property zoned CBD (Central Business District) prior to issuance of a building permit. 3.14 The development shall incorporate public art, water features, or other features of interest and pedestrian amenities which encourage pedestrian use (i.e., benches, tables, water features/fountains, public art installations, etc.). The amenities shall be reviewed and approved by the Design Review Board and City Council prior to the issuance of a zoning certificate. 3.15 All trash and recycle receptacle areas shall be enclosed in accordance with the requirements of Eagle City Code Sections 8-3-2(D) and 8-2A-6(B)(7), except that the minimum wall height of the trash enclosure shall be five -feet and six -inches (5 %6"). Adequate vehicular access to and from such areas for collection of trash or recyclables shall be provided. 3.16 The architectural imagery provided (Exhibit D) represents the Owner's current concept for the project. The Owner and City understand and agree that certain changes in the architecture may occur, however, the architectural elements are subject to change at the discretion of the City Council. Owner shall submit a design review application for the proposed buildings (as required by Eagle City Code) and shall comply with all conditions required by the Design Review Board and/or City Council prior to the issuance of a zoning certificate. 3.17 The maximum building height allowed within the development shall not exceed 35-feet in height, inclusive of architectural appurtenances, parapet walls, and roof -mounted utilities. Page 18 of 22 KAPlanning Dept\Eagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDAM-Working Files\01-P&M2026_Revised Plans\Eagle & Idaho MU -Findings PZ.doc 3.18 All uses shall be subject to reasonable dark -sky lighting, noise, or related limitations at the design review approval stage to address additional concerns that may arise. Owner shall provide plans showing outdoor lighting specifications including locations, fixture style, lumens, and temperature. 3.19 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting plans and details for the proposed and required landscape islands and all common areas throughout the development, 3) architectural elevations for all proposed buildings and common area structures, 4) locations and dimensions for all parking spaces, and 5) useable site amenities such as picnic tables, covered shelters, benches, playground equipment (or tot lot amenities), gazebos, bike racks, and/or similar amenities. The design review application shall be reviewed and approved by the Eagle Design Review Board and City Council prior to issuance of a zoning certificate. 3.20 Owner shall construct all street improvements, including curb, gutter, sidewalks, and landscape planters, adjacent to Eagle Road and Idaho Street in accordance with the City of Eagle Downtown Streetscape Standards (Exhibit E), except on -street parking on Eagle Road shall not be permitted. 3.21 Any angled parking spaces within the Property shall be designed in accordance with the dimension standards shown within Exhibit F. 3.22 Owner shall comply with all applicable regulations and conditions of the Eagle Sewer District prior to issuance of a zoning certificate. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential and commercial uses. 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, as applicable, prior to issuance of any building permits. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone with a development agreement (RZDA-2024-01) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone with a development agreement (in lieu of a conditional use permit) is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: A. The zoning designations of MU-DA (Mixed Use with a development agreement) and CBD-DA (Central Business District with a development agreement) are each consistent with the Downtown Future Land Use Map designation as shown within the Comprehensive Plan, since the Downtown designation is intended to accommodate a mixture of residential, office, and commercial uses that complement and support Downtown Eagle. The proposed development is also consistent with the objectives of the Olde Towne Planning Area by emphasizing the pedestrian experience along the street frontage and maintaining active, non-residential ground -floor space within Buildings 2 and 3. The development agreement requires the ground floors of Buildings 2 and 3 to be used for commercial purposes, except for garages and areas necessary to access residential units above, thereby supporting a pedestrian -oriented streetscape and the vitality of the storefronts along Eagle Road. B. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities will be provided, as conditioned in the development agreement, to serve all uses allowed on this property under the proposed zones. Specifically, central water service will be provided by Veolia Water of Idaho and central sewer will be provided by the Eagle Sewer District. The Eagle Fire Department and Ada County Highway District have reviewed the application and submitted written comments outlining conditions of approval necessary to ensure adequate fire protection and compliance with roadway standards. Page 19 of 22 K:\Planning Dept\Eagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDA\03-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho MU -Findings PZ.doc C. The MU-DA (Mixed Use with a development agreement) zoning district is compatible with the existing R-4 (Residential) zoning district and land uses to the north, since the development agreement will govern the property as a unified development and will limit the location and intensity of uses within the MU-DA portion of the site. Building 1, located nearest to the existing residential uses to the east and northeast, is proposed for residential use only. Building 2 will be separated from the existing residence to the north by a landscaped buffer in accordance with Eagle City Code, providing additional transition between the residential area and the mixed -use development. D. The CBD-DA (Central Business District with a development agreement) zoning district is compatible with the existing CBD (Central Business District) zoning district to the south, since the most intensive commercial uses within the development are proposed within the southern portion of the site. The development agreement will further regulate the type, location, and intensity of commercial uses and will require non-residential use of the ground floor of Buildings 2 and 3, except for garages and areas necessary to access residential units above, which supports the pedestrian -oriented objectives applicable to the Downtown and Transitional Development Area. E. The MU-DA (Mixed Use with a development agreement) and CBD-DA (Central Business District with a development agreement) zoning districts are compatible with the existing CBD (Central Business District) zoning district to the east, since the proposed development provides a transition from lower -intensity residential uses toward the more intensive commercial uses located within the southern portion of the property. The development agreement will apply to the property as a whole and will establish a coordinated set of conditions governing land uses, building height, commercial intensity, parking, access, landscaping, and design. F. The MU-DA (Mixed Use with a development agreement) and CBD-DA (Central Business District with a development agreement) zoning districts are compatible with the existing CBD- DA and R-4 (Residential) zoning districts to the west, since the proposed mix of residential and commercial uses is consistent with the transition between the existing residential and downtown commercial areas. The development agreement will provide site -specific controls intended to ensure that the project functions as a unified mixed -use development and that the intensity and location of uses remain compatible with surrounding properties. G. No nonconforming uses will be created with this rezone, since the property will be developed pursuant to a development agreement utilized in lieu of a conditional use permit, which will specifically authorize and regulate all uses proposed within the development, including conditional uses, and establish the applicable conditions of development. The development agreement will allow the existing residential dwelling to remain only until issuance of the first zoning certificate associated with the development, after which the dwelling is required to be removed. All existing structures on the property will be required to be removed prior to issuance of a zoning certificate, in accordance with the conditions herein. Page 20 of 22 K:\Planning Dept\Eagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDA\03-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho MU -Findings PZ.doc The Commission reviewed the particular facts and circumstances of the proposed development agreement (in lieu of a conditional use permit), in terms of Eagle City Code Section 8-7-3-2, "General Standards for Conditional Uses" and has concluded that the proposed conditional uses permitted through the development agreement: A. Will, in fact, constitute conditional uses as established in Section 8-7-3-1(C) of the Eagle City Code, since the proposed uses — Bar, Single -Family Dwelling (Existing), Microbrewery, Retail [General], and Retail [Limited] — are conditionally permitted within the MU (Mixed Use) zoning district, and since Single -Family Attached Dwelling is conditionally permitted within both the CBD (Central Business District) and MU (Mixed Use) zoning districts. Pursuant to Eagle City Code Section 8-10-1, a development agreement may identify and authorize specific allowed or conditional uses in conjunction with a rezone. B. Will be harmonious with the general objectives of the Comprehensive Plan and Eagle City Code Title 8 because the proposed Residential, Retail, Bar, and Microbrewery uses are consistent with the mixture of residential and commercial uses described for the Downtown Future Land Use Map designation within the Comprehensive Plan. The development agreement will regulate the location and intensity of these uses and require non-residential uses on the ground floors of Buildings 2 and 3, supporting the pedestrian -oriented objectives of the Downtown and Olde Towne Planning Area. C. Will be operated and maintained in a manner harmonious with the existing and intended character of the area because the development agreement establishes limitations on the location, type, and intensity of the proposed residential and commercial uses. Residential uses are concentrated toward the portions of the development nearest existing residential properties, while the more intensive commercial activities are located on the ground floor toward the southern portion of the site and downtown commercial area. The development agreement also requires future design review approval and compliance with applicable landscaping, lighting, streetscape, and site design regulations. D. Will not be hazardous or disturbing to existing or future neighborhood uses. The proposed uses will be subject to the conditions and limitations of the development agreement, including limitations on the location and intensity of commercial uses and applicable requirements related to lighting, noise, building and fire code compliance, landscaping, and site design. Commercial occupants will also be required to demonstrate compliance with applicable fire protection and building code requirements prior to occupancy. E. Will be adequately served by existing public facilities and services. Approval from applicable service providers and proof of central sewer service will be required prior to issuance of building permits. F. Will not create excessive additional requirements at public cost or be detrimental to the economic welfare of the community because the applicant will bear all costs associated with development, including, but not limited to, all required site improvements, infrastructure, parking, landscaping, streetscape improvements, and ongoing maintenance obligations. G. Will not involve activities, processes, materials, equipment, or operational conditions that would be detrimental by reason of excessive traffic, noise, smoke, fumes, glare, or odors. H. The existing vehicular approaches and internal circulation serving the development would adequately serve the proposed uses. The proposed access and emergency circulation have been reviewed by the Eagle Fire Department and determined to be acceptable. All proposed roadway improvements within public rights -of -way have been reviewed by the Ada County Highway District (ACHD) and will be constructed in accordance with applicable ACHD requirements and site -specific conditions of approval. Page 21 of 22 KAPlanning Dept\Eagle Applications\RZ&AU024\RZDA-2024-01 Eagle & Idaho RZDA\03-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho MU -Findings PZ.doc I. Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance since none are apparent on -site and the applicant is not proposing the removal of any natural features. 3. Failure to comply with all provisions and any conditions of development associated with this development agreement in lieu of a conditional use permit may result in a compliance hearing in front of the City Council at which time the Council may add conditions to the permit, modify existing permit conditions, or revoke all or part of the permit. 4. Pursuant to Eagle City Code Section 8-7-3-5(F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. DATED this 14`h day of September 2026. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright, Chairman A TES �.•` {S`i...«.C,+''j►1 i •• �•O�POIP'! �� Trac E. Osborn, Eagle City Clerk z A L4q� f RAlt Page 22 of 22 KAI'lanning Dept\Eagle Applications\RZ&A\2024\RZDA-2024-01 Eagle & Idaho RZDA\03-Working Files\01-P&Z\2026_Revised Plans\Eagle & Idaho MU -Findings PZ.doc