CC - Staff Recommendation to Council Cont to Nov 30 STAFF REPORT E COMMUNITY
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COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 11/30/2021 �� -, g R.- 0
DATE: LegeContinuedfrom: 1112312021 let
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TO: Mayor&City Council RUT
FROAM: Sonya Allen,Associate PlannerLR_1. -
208-884-5533 -
SUBJECT: H-2021-0068 ,
Fast Eddy's at Eagle .H -
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LOCATION: 3775 N. Eagle Rd.,in the SE 1/4 of TA142 C
Section 32,Township 4N.,Range 1E. �- �- R1 rRi_a
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I. PROJECT DESCRIPTION
Modification to the existing Development Agreement(H-2018-0006-Inst. #2018-042029)to remove
the requirement for the driveway along the west side of the retail store to be extended to the north
property boundary for future extension and interconnectivity in accord with UDC 11-3A-3A; and a
cross-access/ingress-egress easement to be provided to the property to the north(Parcel
#R4582530202, 13984 W.Jasmine Ln.).
II. SUMMARY OF REPORT
A. Applicant:
Steve Eddy,Fast Eddy's—2151 N. Greenview Ct.,Eagle,ID 83616
B. Owner:
Same as Applicant
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
The UDC (11-3A-3A.2) requires cross-access easements to be granted to adjoining properties where
access to a local street is not available unless otherwise waived by City Council. The abutting property
to the north fronts on a state highway(N. Eagle Rd./SH-55)and does not have access via a local street.
Thus,the reason the driveway access and easement were required.Without this access,the undeveloped
parcel to the north would have no access other than the state highway until such time as the property to
the west (i.e. Delano Subdivision) develops, which granted a cross-access easement to them through
their multi-family development for access via the future extension of N. Centrepoint Way.
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The driveway was required to be constructed and an access easement granted with development of this
site prior to issuance of the first Certificate of Occupancy(see provisions in Section V). The Applicant
did not wish to construct the driveway or provide an access easement at that time so the Planning
Division recommended the Applicant apply for an amendment to the DA to remove the requirements.
A temporary Certificate of Occupancy was issued in order for the Applicant to apply for an amendment,
which has since expired.
The Applicant proposes to meet with the property owner to the north at the time of development to see
if it makes sense to both of them to install an access at that time. Note:An assisted living facility was
approved to develop on the abutting property to the north through a Conditional Use Permit(CAR20-
00004 &PUD20-00008)for a Planned Residential Development in the City of Boise. This approval
will expire on March 9, 2022 if a building permit hasn't been obtained by that time; or unless a time
extension is approved. The site plan approved with the PUD depicts a driveway access to this site for
cross-access/ingress-egress.
Because this is a UDC requirement, Staff cannot waive the requirement and therefore, cannot support
the request. The UDC does allow for a Council waiver to this standard if deemed appropriate by City
Council.
IV. DECISION
A. Staff:
Staff recommends denial of the modification to the DA as proposed;however,City Council has the
authority to waive the requirement in UDC 11-3A-3A.2 and approve the Applicant's request if they
deem appropriate.
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V. EXISTING DEVELOPMENT AGREEMENT PROVISIONS PROPOSED TO BE
REMOVED:
5.1
d. The driveway along the west side of the retail store shall extend to the north property
boundary for future extension and interconnectivity in accord with UDC 11-3A-3A.
e. A cross-access/ingress-egress easement shall be provided to the property to the north
(Parcel#R4582530202, 13984 W. Jasmine Ln.)with development of this site in accord
with UDC 11-3A-3A.2.A recorded copy of said easement shall be submitted to the City
prior to issuance of the first Certificate of Occupancy on the site.
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