Findings - PZ - 2019 - RZ-06-19 - Rezone From R-4 To Mu-Da 1 Residential Unit @543 N Eagle RdBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A REZONE FROM R-4 (RESIDENTIAL) TO )
MU -DA (MIXED USE WITH A DEVELOPMENT )
AGREEMENT) FOR KURT BARATS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-06-19
The above -entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on July 1, 2019, 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:
Kurt Barats is requesting a rezone from R-4 (Residential) to MU -DA (Mixed Use with a development
agreement lin lieu of a conditional use permit]) to allow one (1) residential multi -family four-plex. The
0.34 -acre site is located on the west side of North Eagle Road approximately 450 -feet south of the
intersection of East Ranch Drive and North Eagle Road at 543 North Eagle Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, on Tuesday, April 30, 2019, at 100 North Stierman
Way in compliance with the application submittal requirement of Eagle City Code. The application for
this item was received by the City of Eagle on May 2, 2019.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on June 14, 2019. 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 13, 2019. The site was posted in accordance with the
Eagle City Code on June 19, 2019. Requests for agencies' reviews were transmitted on May 10, 2019,
in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVAN'I' PREVIOUS ACTIONS: None.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
COMP PLAN
DESIGNATION
Mixed Use
No Change
Mixed Use
Public/Semi-Public
Mixed Use
ZONING
DESIGNATION
R-4 (Residential)
MU -DA (Mixed Use with a
development agreement :in lieu
of a conditional use permit])
R-4 (Residential)
PS (Public/Semi-public)
MU (Mixed Use) /
R-9 (Residential)
LAND USE
Single -Family Residence
One (1) residential
multi -family four-plex
Eagle United Methodist
Church
Eagle Elementary School
North Eagle Road/ Mercy
Village Subdivision
Apartments/Riverstone
Townhouses
West of site Public/Semi-Public PS (Public/Semi-public) Eagle Elementary School
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SIrE: Approximately 0.34 -acres
I. APPLICANTS STATEMENT OF JUST1FTCATION FOR THE REZONE:
The purpose of the rezone from R-4 (Residential) to MU -DA (Mixed Use with a development
agreement) is to allow one (1) residential multi -family four-plex.
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Central sewer is provided to the property by the Eagle Sewer District and water is supplied by Eagle
Water Company. Fire service is provided by Eagle Fire District. Police protection is provided by Ada
County Sheriff's Office through contract with the City of Eagle.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
L. NON CONFORMING USES: None apparent within the development.
M. SPECIAL ON-Sri FEATURES:
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — Yes, two (2) Spruce trees
Riparian Vegetation — No
Steep Slopes — Yes
Stream/Creek — No
Unique Animal Life — No
Unique Plant Life — No
Unstable Soils — No
Wildlife Habitat — No
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N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Highway District
Andeavor (fka Tesoro Logistics)
Eagle Fire Department
Idaho Transportation Department
O. LETTERS FROM THE PUBLIC (attached to the staff report): None received to date.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 14, 2017) designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential. Residential
densities within the designation is up to 20 units per acre but density will be determined on a site by
site basis. Uses should complement and not take away from downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the zoning
districts have been formulated to realize the general purposes as set forth in this title. In addition,
the specific purpose of each zoning district shall be as follows:
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.
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• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
Multi -Family Dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning
designation.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations for the MU
(Mixed Use) zone:
Zoning
District
Maximum (Front Rear .Interior I Street
Height Side Side
I 35'
120' 20' 7.5'
Maximum Miniinum Minimum
Lot Lot area Lot
Covered (Acres Or Sq. Width I*
�Ft.) G And
H*
I 1sOOO 15Q'
20' 119°eta
• Eagle City Code Section 8-3-2: Supplemental Yard and Height Regulations:
B. Fences:
1. In any front yard area, no fence or wall shall be permitted which materially impedes vision
across such yard above the height of two and one-half feet (21/2') measured from the
centerline grade of the adjacent street. Picket style fences where fifty percent (50%) of the
fence remains open may be permitted up to four feet (4') in height. Chainlink fencing is
prohibited in any front yard area.
2. Fencing located adjacent to any street identified as a collector or arterial on the
transportation and pathway network plan in the Eagle comprehensive plan, and on the street
side of all corner lots, shall be an open fencing style such as wrought iron or other similar
see through, decorative, durable fencing material, except as otherwise may be permitted in
subsection 8 -2A -7J of this title.
• Eagle City Code Section 8-7-3-2: General Standards for Conditional Use:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City
Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will
not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community;
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G. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance.
• Eagle City Code, Section 8-7-3-5: Conditional Use Permit:
D. Conditions of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title
• Eagle City Code Section 8-10-1: Development Agreements:
D. Approval Of The Development Agreement:
1. The Council may require a development agreement be executed to allow a rezone if, in the
opinion of the council, approval of the requested rezone does not satisfy the requirements set forth
in the zoning ordinance for rezone approval, but the particular project or use contemplated has a
value to the community that would justify the use of a development agreement. A development
agreement may not allow a use on the parcel that is not an allowed or conditional use in the
requested rezone.
C. IDAHO CODE PROVISION, WHICH IS OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Idaho Code Section §67-6512(f):
In addition to other processes permitted by this chapter, exceptions or waivers of standards, other
than use, inclusive of the subject matter addressed by section 67-6516, Idaho Code, in a zoning
ordinance may be permitted through issuance of a special use permit or by administrative process
specified by ordinance, subject to such conditions as may be imposed pursuant to a local ordinance
drafted to implement subsection (d) of this section.
D. DISCUSSION:
• The applicant has submitted a draft development agreement with the application to address the
following: 1) Provide a Concept Plan for the project, 2) Provide Building Elevations for the project,
3) Request seduced interior side yard setback for second story.
Pursuant to Idaho Code Section §67-6512(f), exceptions or waivers of standards, other than use,
inclusive of the subject matter addressed by Idaho Code Section §67-6516, in a zoning ordinance
may be permitted through issuance of a special use permit (conditional use permit). Based on Eagle
City Code Section 8-2-1, a development agreement may be utilized in lieu of conditional use permit
within the MU (Mixed Use) zoning designation, if approved by the City Council, provided the
development agreement includes conditions of development that are required during the conditional
use permit process. Also, pursuant to Eagle City Code Section 8-10-1, development agreements
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allow 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. With this application the development agreement is
being utilized in lieu of a conditional use permit to address the applicant's request.
o Item 1
The applicant has provided a Concept Plan showing a footprint of a building containing four
separate multi -family residential spaces with an attached garage for each unit. The site is
fronted by North Eagle Road. The site gains access from the Eagle United Methodist Church
entrance on the north side of the site. The site has six (6) parking spaces; three (3) on-site
parking spaces located on the northeast and northwest corners of the site, located between the
proposed building and the north boundary line. The building is located approximately 36 -feet
from the property line along North Eagle Road and approximately 44 -feet from the property
line along the northern boundary at the entrance into the site. The side setbacks are shown at
7.5 -feet from the south and west property lines.
o Item 2
The applicant has provided Building Elevations consisting of a prairie school style of
architecture representing the Owner's current concept for the project and are subject to change
at the discretion of the Design Review Board. Owner shall submit a design review application
for the proposed buildings pursuant to Eagle City Code Section 8-2A-6: Design Requirements,
Objectives and Considerations. The Owner shall comply with all conditions required by the
Design Review Board and/or City Council prior to the issuance of a zoning certificate.
o Item 3
The applicant is requesting a reduction of the second story setbacks, pursuant to Eagle City
Code Section 8-2-4(B), an additional 5 feet per story side setback is required for multi -story
structures. Height not to exceed maximum allowed within the zone. The property is located
above the street level between a church and an elementary school which both sit at a lower
elevation than the proposed two-story multi -family four plex.
o Item 4
The property gains access from an access easement on the north side of the site located on the
Eagle Methodist Church property. A Cross -Access Agreement between the Owner of the
project site and the church property is required to be executed pursuant to Exhibit "C" included
within the Development Agreement.
• The applicant is requesting approval to retain the existing chain link fence located at the property
boundary lines around the property. Pursuant to Eagle City Code Section 9-3-10: Fences: Any
fencing located adjacent to common area open spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
subsection 8 -2A -7(J) of this code. Chainlink, cedar, and similar high maintenance and/or unsightly
fencing shall not be permitted with the above designated areas. The applicant should remove the
chain link fence prior to the issuance of a zoning certificate.
STAFF' RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested rezone
from R-4 (Residential) to MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) with conditions to be placed within a development agreement as provided within the staff report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July 1,
2019, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
individual that resides in the subdivision (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION: (Granicus time 2:07:20)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The requested zoning designation is in conformance with the Mixed Use land use designation as
identified in the Comprehensive Plan.
• The chain link fence should be removed once development occurs on the property. The 7.5 -foot setback
for the second story should be approved for the side setback as stated in the development agreement.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of RZ-06-19 for a rezone from R-4 (Residential) to
MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) for Kurt Barats
with the following staff recommended conditions to be placed within a development agreement with
underline text to be added by the Commission:
3.1 One multi -family four-plex dwelling unit shall be permitted on the Property.
3.2 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.
3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the Project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur or be required. 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.
3.4 The building elevations (Exhibit D) consisting of a prairie school style of architecture represents
the Owner's current concept for the project and are subject to change at the discretion of the Design
Review Board. 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.
3.5 Owner shall complete the Design Review process for the site and the building (as required by the
Eagle City Code) and shall comply with all conditions required by Eagle as a part of the Design
Review prior to issuance of a building permit.
3.6 All fencing on the Property shall be in conformance with Eagle City Code Section 8-2-3(B) prior
to the issuance of a certificate of occupancy.
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3.7 Setback requirements shall be as follows:
Front 20 -feet
Rear 20 -feet
Side 7.5 -feet (includes second story setback up to two (2) stories)
Street Side 20 -feet
Maximum coverage 50%
3.8 Access is gained via an access easement located on the north side of the project site. A Cross -
Access Agreement between the Owner of the project site and the Eagle Methodist Church property
is required to be executed pursuant to Exhibit "C" included within the Development Agreement.
3.9 The Property is required to connect to the central water and sewer systems. The Property shall be
irrigated with the existing onsite well system.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-06-19)
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 in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU -DA (Mixed Use with a development agreement) is
consistent with the Mixed Use designation as 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 adequate public facilities exist to serve all uses allowed on this property
under the proposed zone;
c. The proposed MU -DA (Mixed Use with development agreement) zone is compatible with the MU
(Mixed Use) and R-9 (Residential) zones and land use to the east since that area contains similar
land uses with Riverstone Townhomes and Mercy Village Subdivision Apartments, which are
developed in a similar manner;
d. The proposed MU -DA (Mixed Use with development agreement) zone is compatible with the PS
(Public/Semi-Public) zone and land use to the south and west because that area contains the Eagle
Elementary School which is compatible with the subject property;
e. The proposed MU -DA (Mixed Use with development agreement) zone is compatible with the R-4
(Residential) zone and land use to the north because that area contains the Eagle United Methodist
Church which is in conformance with the Mixed Use comprehensive plan designation;
f. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described
within the Comprehensive Plan; and
No non -conforming uses are expected to be created with this rezone since the development
agreement will prohibit additional residential dwellings to be constructed on site.
g.
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DATED this 5th day of August, 2019.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
ATTEST:
Sharon K. Bergmann, Eagle City C erk
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