Findings - CC - 2001 - RZ-95-MOD - Mod To Da Increase Sign Height To 15'
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A MODIFICATION TO THE DEVELOPMENT
AGREEMENT (INSTRUMENT NO. 95062665) TO
INCREASE THE MAXIMUM HEIGHT OF THE
MONUMENT SIGNS FOR EAGLE COUNTRY PLAZA!
EAGLE MARKET PLACE SHOPPING CENTER FOR
WILLIAM HODGES
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-95 MOD
The above-entitled rezone application came before the Eagle City Council for their action on September
18,2001. The Eagle City Council having heard and taken oral and written testimony, and duly considered
the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
William Hodges is requesting a modification to the development agreement approved by
the City in 1995 (developed as Eagle Country Plaza Shopping Center - Eagle Market
Place) for an increase in the maximum height allowed for monument signs from 8-feet
high to 15-feet high. The 7.5-acre site is located on the northeast corner of Chinden
Boulevard and Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 25, 2001.
e.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on June 30, 2001. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on June 27,2001 and again on July 18, 2001. Requests for agencies' reviews were
transmitted on May 29,2001 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on August 25, 2001. Notice of this public hearing was mailed to property
owners within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August 22,
2001.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 27, 1995, the Eagle City Council approved a rezone with a development
agreement for this site. The development agreement was signed on July 12, 1995.
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On December 8, 1998, the Eagle City Council approved a conditional use permit for Eagle
Country Plaza Shopping Center (CU-7-98).
On January 12, 1999, the Eagle City Council approved the design review application for
Eagle Country Plaza Shopping Center (DR-35-98).
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Commercial C-I-DA (Neighborhood Eagle Country Plaza
Business District with Shopping Center &
Development Agreement) & Sav-On Drugstore
C-2-DA (General Business
District with Development
Agreement)
Proposed No Change No Change Shopping Center
North of site Residential One (up to one R-l (Residential) Residences
dwelling unit per acre
max.)
South of site Not in Eagle Area of C-4D (City of Boise Target Department Store
Impact designation)
East of site Residential One (up to one R-l (Residential) Residences/Pasture
dwelling unit per acre
max.)
West of site Residential One (up to one R-l (Residential) Residences
dwelling unit per acre
max.)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 7.5-acres (approximate)
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR A MODIFICATION TO THE
REZONE:
See applicant's justification letter stamped May 25,2001 (attached).
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A MODIFICATION TO THE
DEVELOPMENT AGREEMENT:
See applicant's justification letter stamped May 25,2001 (attached).
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Utilities and services have previously been installed at the site.
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L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES:
Based upon the information available, the proposed rezone will not create any
noncompliance issues with regard to provisions of the Eagle City Code.
N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
New Union Ditch Company
O.
LETTERS FROM THE PUBLIC: None received to date
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as "Commercial".
Chapter 12 - Community Design
12.4 - Implementation Strategies
p.
Protect and enhance the small town character of the City 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.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2A-8 (D) (1) Monument And Detached Street Signs:
A "shopping center", as defined in Section 8-1-2 of this Title shall be allowed one
monument sign per street that it abuts, to identify the shopping center. If the shopping
center has a single address, the address shall be located on the monument sign and shall be
a size that is readable from the street. The height of any such sign, including the base to
which it is attached, shall not exceed fifteen feet (15'). The surface area of any such sign
shall not exceed one hundred (100) square feet per exposed surface, including any reader
board sign or surface.
A double-faced monument sign is permitted.
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e.
The minimum distance between any monument sign within a shopping center shall be one
hundred feet (100'). No monument sign shall be any closer than twenty feet (20') from a
monument or other freestanding sign on an adjacent property.
DISCUSSION:
.
The applicant is requesting that condition 3.2.3 within the development agreement (recorded
under Instrument No. 95062665) for the Eagle Country Plaza Shopping CenterÆagle Market
Place site be modified to allow for increased monument signage height. Condition 3.2.3
shown below is the applicant's requested change with underlined text recommended to be
added by staff and strike-through text recommended to be deleted by staff. (Note: the italicized
language below is the condition in its original form from the development agreement and is
included herein for reference).
Freestanding signs shall consist of no more than three (3) freestanding,
monument signs, each not more than eight-feet (8') in height with no more than
fifty (50) square-feet of signage space per side. Such signs may be indirectly
illuminated. No sign shall be higher than the roofline of any building or be
animated, directly illuminated, or audible.
3.2.3
A maximum of two (2) monument signs FrøestaHdiHg sigHs shall e08sist of 80
more thaa three (3) freestaBdiHg m08\:UBe8t sigHs, each not to exceed more than
fifteen-feet (15') in height with no more than one hundred (100) square feet of
signage space per side shall be permitted on the Propertv. All signage for the
Property shall comply with in all respects with Eagle City Code at the time of
issuance of a sign permit.
.
With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council",
and based upon the information provided to staff to date, staff believes that the
modification to the development agreement is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The zoning designations of C-I-DA and C-2-DA are in accordance with the
Commercial classification shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that public facilities exist to serve any and all
uses allowed on this property under the zone.
c. The C-I-DA and C-2-DA zones have previously been determined to be compatible
with the zoning and land uses to the south, north, west and east;
d. The land is not located within a "Hazard Area" or "Special Area" as described within
the Comprehensive Plan; and
e. No non-conforming uses are expected to be created with this modification to the
development agreement.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
modification to the development agreement as follows:
3.2.3 A maximum of two (2) monument signs, each not to exceed fifteen-feet (15') in height
with no more than one hundred (100) square feet of signage space per side, shall be permitted on
the Property. All signage for the Property shall comply with in all respects with Eagle City Code
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at the time of issuance of a sign permit.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
13, 2001, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by two (2) individuals with concerns regarding the light from the center shining onto abutting parcels,
previous agreements to limit signage and disfavor of lighted signage.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative).
D. Written testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by two (2) individuals with concerns regarding repeated request to modify the original
development agreement for the site; ability to view signs from residential properties if the height were
increased and the signage should be limited to the original submittals.
COMMISSION DECISION:
The Commission voted 2 to 2 (Bloom and Franden against, Deckers absent) to recommend denial
of RZ-95 MOD for a modification to the development agreement for Eagle Market Place for
William Hodges.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 18,2001, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to this proposal was presented to the City Council by one (1) individual
with concerns regarding irrigation water supply, the proposed west entry sign in alignment with
neighboring bedroom windows, and the developer not fulfilling expectations of the development.
C. Oral testimony in favor of this proposal was presented to the City Council by one (1) individual who
felt that with the present signage the center's tenants will not succeed and to allow the change to the
signage is a reasonable request.
D. Written testimony in favor of this proposal was presented to the City Council in the form of a petition
signed by twenty-two (22) individuals. This petition is incorporated into these findings by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-95 MOD for a modification to the development
agreement for Eagle Country PlazalEagle Market Place for William Hodges with the following
amended conditions with strikethrough text to be deleted by the Council and underlined text to be
added by the Council to be included within the modified development agreement for this site:
3.2.2
All parking lot and area lighting for the commercial development will be by high pressure
sodium lighting of no more than ~ 150 watts contained in a shoe box historical fixture
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in compliance with ECC Section 8-4-4-2 (or similar cutoff fixtur-e) installed on poles no
higher than fifteen feet (15') on the perimeter of the property; except that with the
approval of the Design Review Committee interior poles may be as high as twenty feet
(20'). All lighting fixtures located on the north side of the building (abutting the northern
property line of the commercial development) shall be shielded and shall be brought into
compliance with all respects of Eagle City Code. No sign permits will be issued until all
lighting located on the north side of the aforementioned multi-tenant building is brought
into compliance with Eagle City Code.
3.2.3
A maximum of two (2) monument signs Fr-eestanàiHg sigHs shall coHsist of HO mor-e tHan
thr-ee (3) fr-eestaHdiHg mOHUæ€lHt sigHs, each not to exceed mOl'€! thaH fifteen-feet (15') in
height with no more than one hundred (100) square feet of signage space per side shall be
permitted on the Property. SueR sigHs may be iHdir-eetly illumiHated. All signage for the
Property shall comply with in all respects with Eagle City Code at the time of issuance of a
sign permit. The phrase "City Market" is permitted as directional signage to be installed
on the stucco face of the rock walls located at the eastern entrance intersecting with
Chinden Boulevard and the northern entrance intersecting Eagle Road. No sign shall be
higher than the roofline of any building or be animated, directly illuminated or audible.
CONCLUSIONS OF LAW:
1. The application for this item was reeei ved by the City of Eagle on May 25, 2001.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on June 30, 2001. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on June 27, 2001 and again on July 18, 2001. Requests
for agencies' reviews were transmitted on May 29, 2001 in accordance with the requirements of the
Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on August 25,
2001. Notice of this public hearing was mailed to property owners within three-hundred feet (300-
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on August 22, 2001.
3. The Council reviewed the particular facts and circumstances of this proposed modification to the
rezone with development agreement (RZ-95 MOD) 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 development agreement modification is in accordance with the City of Eagle Comprehensive
Plan and established goals and objectives because:
a. The zoning designations of C-I-DA and C-2-DA are in accordance with the
Commercial classification shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that public facilities exist to serve any and all
uses allowed on this property under the zone.
c. The C-I-DA and C-2-DA zones have previously been determined to be compatible
with the zoning and land uses to the south, north, west and east and the compatibility
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of the site with surrounding properties will not be diminished by allowing an increase
in the height of the two monument signs to 15-feet since adequate buffers approved by
the City were previously installed to mitigate the impacts of commercial development
on adjacent residences;
d. The land is not located within a "Hazard Area" or "Special Area" as described within
the Comprehensive Plan; and
e. No non-conforming uses are expected to be created with this modification to the
development agreement.
DATED this 23rd day of October 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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