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Findings - PZ - 2001 - RZ-95-MOD - Modification To Da For Increase In Height Allowed For Monument Sign ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ) A MODIFICATION TO THE DEVELOPMENT ) AGREEMENT TO INCREASE THE MAXIMUM HEIGHT) FOR MONUMENT SIGNS FOR WILLIAM HODGES) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ.95 MOD The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their recommendation on August 13, 2001. The Eagle Planning and Zoning Commission 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 comer of Chinden Boulevard and Eagle Road. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eag1e on May 25,2001. c. 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. 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. 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 Page 1 of 6 K:\Planning Dept\Eagle Applications\RZ&A \2001 \RZ-95 MOD pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION 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 OVERLA Y DISTRICT: Not in the DDA, IDA or CEDA. H. TOTAL ACREAGE OF SITE: 7.5-acres (approximate) 1. 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. 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. Page 2 of 6 K:\Planning Dept\Eagle Applications\RZ&A\2001\RZ-95 MOD pzf.doc 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 STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING TillS 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 TillS 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. 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. Page 3 of 6 K:\Planning Dept\Eagle Applications\RZ&A\2001\RZ-95 MOD pzf.doc c. DISCUSSION: . The applicant is requesting that condition 3.2.3 within the development agreement (recorded under Instrument No. 9S06266S) for the Eagle Country Plaza Shopping CenterÆagle Market Place site be modified to allow for increased monument sign age 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 FreestaRdiHg sigH:S shall eoBsist of no more tßaa three (3) freestandiBg mOBHfß:ØHt sigHs, each not to exceed more than fifteen-feet (1S') 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 at the time of issuance of a sign permit. . With regard to Eagle City Code Section 8-7-S "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 (1S') in height with no more than one hundred (100) square feet of sign age space per side, shall be permitted on the Property. All sign age for the Property shall comply with in all respects with Eagle City Code at the time of issuance of a sign permit. Page 4 of 6 K:\Planning Dept\Eagle Applications\RZ&A\2001\RZ-95 MOD pzf.doc 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 sign age 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. CONCLUSIONS OF LAW: 1. The application for this item was received 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. 3. The Commission 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 rezone is not in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: The proposed modification to the development agreement and the condition for monument sign age is not appropriate with the original intent of the previously approved development agreement. The Commission felt that to establish precedence with repeated modifications to previously approved agreements defeats the goals and objectives that the community seeks to establish. The Commission also felt that the impacts of business and associated traffic must be balanced with the concerns of the neighboring properties. Page 5 of 6 K:\Planning Dept\Eagle Applications\RZ&A\2001\RZ-95 MOD pzf.doc DATED this 20th day of August 2001. ATTEST: ~ (..-y. ----1'-- ~ '"'Sharon'Moore, Eagle City Clerk Page 6 of 6 K:\Planning Dept\Eagle Applications\RZ&A\2001\RZ-95 MOD pzf.doc