Findings - PZ - 2004 - RZ-2-03 - Rezone From Rut And Ar To Mu-Da/Mod To Da/9.31 Acres Of 117 Acre Laguna Pointe Pud
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICA nON FOR A
REZONE FROM RUT (RURAL URBAN TRANSITIONAL)
AND A-R (AGRICULTURAL-RESIDENTIAL)
TO MU-DA (MIXED USE WITH A DEVELOPMENT
AGREEMENT) FOR COAST 2 COAST LLC
)
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-2-03 MOD
The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on August 2, 2004, at which time the item was continued to August 16, 2004, and
September 7, 2004. 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:
Coast 2 Coast LLC, represented by Land Consultants Inc., is requesting a rezone from
RUT (Rural Urban Transition - Ada County designation) and A-R (Agricultural-
Residential-up to one dwelling unit per five acres) to MU-DA (Mixed Use with
Development Agreement) and, a modification to the development agreement previously
approved by the City affecting 9.31-acres of the overall 117 -acre Laguna Pointe PUD site.
The site is located on the east side of Eagle Road, at 2260 South Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 15, 2004.
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 July 17, 2004. 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 July 16,2004. Requests for agencies' reviews were transmitted on July 16,2004,
in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 13, 2004, the Eagle City Council denied an annexation request (A-2-03) for
Laguna Point Subdivision.
On April 27, 2004, the City Council agreed to consider mediation with Laguna Point LLC,
for Laguna Pointe Planned Unit Development application A-2-03/RZ-2-03/CU-5-
03/PPUD-I-03/PP-3-03.
On June 22, 2004, the City Council approved Laguna Pointe Planned Unit Development
(A-2-03/RZ-2-03/CU-5-03/PPUD-I-03/PP-3-03 ).
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E.
COMPANION APPLICATIONS:
CPA-I-04 (Comprehensive Plan Amendment from Residential Two to Mixed Use)
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA nON DESIGNATION
Existing Residential Two (up to A-R (Agricultural-Residential) & Proposed Laguna Pointe
two dwelling units per RUT (Rural Urban Transition) Residential PUD /
acre maximum) Existing Single-family
dwelling, pasture &
gravel extraction ponds
Proposed Mixed Use MU-DA Mixed Use development
North of site Residential Two (up to RUT (Residential - Ada County South Channel of Boise
two dwelling units per designation) River & Island Woods
acre maximum) Subdivision
South of site Mixed Use RUT (Residential- Ada County Proposed Lakemoor
designation) Residen tial/Co mmerc ial
development with Public
Park & Boise City
Wastewater facility
East of site Residential Two (up to RUT (Residential- Ada County Proposed Laguna Point
two dwelling units per designation) PUD/South Channel of
acre maximum) the Boise River & Boise
City Wastewater facility
West of site Residential Two (up to A-R (Agricultural-Residential) & Eagle Road (SH 55) &
two dwelling units per LO-DA-P (Limited Office PUD Cottonwood Creek PUD
acre maximum) with Development Agreement) & Agricultural land
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 9.31-acre portion of the approximately 117.5-acre site.
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The letter date stamped by the City on July 15,2004, and submitted by the applicant is
incorporated herein by reference.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant has provided a copy of proposed modifications to be made to the previously
approved development agreement, of which the conditions are included for review below
under Staff Analysis Section "C".
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
During the review for the Laguna Point PUD, the Eagle Sewer District stated that the
property would need to be annexed into the District's service area and construction
drawings reviewed by the District, Boise Public Works and the Idaho Department of
Environmental Quality prior to connection to sewer service.
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L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES:
Based on the information provided to date, the portion of the site proposed for the
comprehensive plan amendment does not appear to have any uses that will create any
noncompliance issues with any provisions of the Eagle City Code. The eastern portion of
the Laguna Pointe site has been used for gravel extraction, which has been approved by
the city (through the Laguna Pointe PUD) to remove overburden of material that cannot be
used on site (due to excavation of the creation of the site features within Laguna Point)
and shall be completed within one year after the approval of the preliminary development
plan for Laguna Point. The hours of operation are to comply with the City's noise
ordinance and on-site gravel crushing is prohibited.
N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear to be of special concern are noted below: (Note: the following letters were
submitted in response to requests for review of application number CPA-I-04 & RZ-I-04)
Ada County Highway District
Eagle Sewer District
Idaho Power
Idaho Transportation Department
O.
LETTERS FROM THE PUBLIC: See "Public Hearing of the Commission" below.
P.
APPLICANT'S REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
The staff report for CPA-I-04 (Comprehensive Plan Amendment from Residential Two to
Mixed Use) is incorporated herein by reference.
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 currently designates this site as Residential Two (up
to two dwelling units per acre).
Chapter 1 - Overview
1.3 The City of Eagle Vision Statement
In 1999, City of Eagle citizens envision their future town as a well-planned
community that encourages diversified living and housing opportunities,
economic vitality that offers jobs for residents, and places for people to recreate
and enjoy Eagle's natural beauty.
a. known as a highly livable town that successfully balances many of the rural
elements of its heritage with growth;
f.
an economically strong city, that fosters local businesses and clean industry.
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Chapter 3 - Population
3.3
Goal
To promote a high quality of life and livability in the community.
3.4
Objective
To plan for anticipated populations and households that the community can
support with adequate services and amenities.
3.5
Implementation Strategy
Monitor population growth and employment data to detect significant trends that
will affect the Comprehensive Plan goals, objectives and policies.
Chapter 5 - Economic Development
5.1
Background
The economic development component of the Comprehensive Plan discusses the
economics and employment in Eagle. The city encourages appropriate economic
development while retaining those attributes that give Eagle its special living and
working environment.
5.5
Implementation Strategies
f. New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural residential identity.
Chapter 6 - Land Use
6.1
Background and Existing Conditions
Managing growth and channeling it into orderly community development is the
key element of land use planning. Unplanned growth results in undesirable land
use patterns. Areas within the City and within the Impact Area are given land use
designations which are depicted on the Comprehensive Plan Land Use Map,
hereinafter referred to as the "Land Use Map".
The Land Use Map is an integral part of the Comprehensive Plan. It serves as a
planning policy document and planning tool that will assist the City in sustaining
responsible growth and development to ensure that evolving land use patterns
remain consistent with goals, objectives and strategies of the Plan.
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6.2
Land Use Designations
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial,
and residential developments. Uses should complement uses within the Central
Business District (CBD). Development within this land use designation should be
required to proceed through the PUD and/or Development Agreement process.
Residential density of up to twenty dwelling units per gross acre may be
considered by the City for this area.
6.7
Implementation Strategies
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, flIe, recreational areas, highways and
transportation systems.
Chapter 8 - Transportation
8.1
Background
Transportation planning and land use planning should be compatible with Eagle's
transportation system and should take into account projected land use as depicted
on the Eagle Land Use Map.
The City's existing network of roadways represents only a portion of the system
needed to serve future growth and development. As the City continues to
experience growth, population will increase and the number of vehicles using the
transportation system will increase. In addition to adding new streets and
roadways, modifications and extensions to the existing routes will be necessary in
order to create a fully integrated, modern, efficient transportation system that will
effectively serve the residents of the City, the business community and the
traveling public.
8.2.1
Principal Arterial
Mobility Function:
The primary function of a principal arterial is to provide major circulation
and movement through urban areas and to connect with major activity
centers and freeways. A principal arterial may serve motorized and non-
motorized transportation needs and may include up to seven vehicular
traffic lanes.
Access Function:
Access from other roadways is controlled and subordinate to traffic on the
principal arterial street. Direct lot access is typically prohibited or
severely restricted.
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B.
8.6
Implementation Strategies
c. Encourage roadway design standards that are consistent with the Idaho
Transportation Department (ITD), Ada County Highway District (ACHD),
Ada Planning Association (AP A), and other agencies that may be responsible
for roadway planning and design.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-ZA-6 (A)(l)
Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent
streets, provide for the pedestrian, and provide appropriate, safe parking lot design.
Special review items should include:
a. The functional relationship of the structures and the site in relation to its
surroundings;
b. The impact and effect of the site development plan on traffic conditions on
contiguous streets and adjoining properties or neighborhoods;
c. The site layout with respect to separation or integration of vehicular, pedestrian
and bicycle traffic patterns;
d. The arrangement and adequacy of off street parking facilities relative to access
points, building location and total site development to prevent traffic conflict
or congestion;
e. The location, arrangement and dimensions of truck loading ramps, docks, and
bays and vehicle service facilities;
f. The access, parking lot, and interior roadway illumination plans and hours of
operation;
g. The required driver, pedestrian and bicycle sight distance requirements of the
project and their relationship to adjacent streets, driveways and properties;
h. The coordination of the site development with planned right of way alignments,
acquisitions and street improvements;
i. The graphic delineation of traffic circulation patterns to avoid confusion,
congestion and conflicts;
j. The continued maintenance of traffic, parking and lighting systems;
k. The protection of views and vistas in relation to urban design and aesthetic
considerations;
.
ECC Section 8-3-3 (D) Side And Rear Yards For Nonresidential Uses Abutting Residential
Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a residential district; except that the minimum yard requirements
may be reduced to fifty percent (SO%) of the requirement if acceptable landscaping or
screening approved by the council is provided. Such screening shall be a masonry or solid
fence between four (4) and eight feet (8') in height, maintained in good condition and free
of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall
consist of a strip of land not less than twenty feet (20') in width planted with an evergreen
hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the
time of planting.
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c.
DISCUSSION:
.
The subject property is currently zoned RUT (Ada County designation) and A-R with a
Comprehensive Plan designation of Residential Two (up to two units per acre). The City
recently approved the Laguna Pointe PUD (A-2-03/RZ-2-03/CU-5-03/PPUD-I-03/PP-3-03)
which included a zoning designation of R-2-DA-P (Residential with development agreement
and PUD) and R-E-DA-P (Residential-Estates with development agreement and PUD)for the
entire property. The zone will change from RUT and A-R to R-2-DA-P and R-E-DA-P upon
the adoption and publication of a rezone ordinance.
The applicant has previously submitted a Comprehensive Plan Amendment and Rezone
application (CPA-I-04 & RZ-I-04) to change the land use designation and zoning district on
the western 9.31-acres of the Laguna Pointe PUD from Residential Two (approved for R-2
zoning district) to MU-DA (Mixed Use with development agreement). While the
Comprehensive Plan Amendment application remains pending before the Planning and
Zoning Commission for a recommendation (hearing scheduled for August 9, 2004), the
applicant now desires to withdraw rezone application number RZ-I-04 and instead modify the
development agreement previously approved through the Laguna Pointe PUD. With the
review of this application in tandem with CPA-I-04, the City may determine that an MU-DA
(Mixed-Use with development agreement) zoning designation for this site to allow a Mixed
Use development with limited uses as defined in a development agreement is more appropriate
than a standard R-2 zone as outlined within the City of Eagle Comprehensive Plan. To assure
a compatible and cohesive development and to prevent undue damage to, and to otherwise be
in harmony with the existing community, the specific uses for this site should be limited
within a development agreement.
.
.
The following conditions were approved by the Council to be placed within a development
agreement on July 13,2004, as part of the Laguna Pointe PUD application:
1. The Concept Plan 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. 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 change in the Concept
Plan, notice shall be provided as may be required by the City.
2. The use of motorized watercraft on the waterways within the development shall be
prohibited except that, if the City of Eagle modifies Eagle City Code prohibiting the
use of motorized watercraft (such as to allow watercraft with electric motors, for
instance), then any such permitted use will become a permitted use for the Laguna
Pointe development.
3. The Owner shall submit a Design Review application for landscaping for the site (as
required by the Eagle City Code), and shall comply with all conditions required by
Eagle as a part of the Design Review.
4. The development shall comply with the Eagle City Code, as it exists in final form at
the time an application is made and the conditions within this agreement shall be
satisfied.
5. The applicant shall construct the Eagle Road access as proposed pursuant to current
roadway engineering standards.
.
The applicant has submitted the following conditions to be placed within the modified
development agreement with underlined text recommended to be added by staff and text
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shown with strike-thru recommended to be deleted by staff:
2.6
The Mixed Use Area shall be permitted \!fHe a maximum of 20,000 square feet of
Office-Medical/Dental/Professional building area and shall be permitted a
maximum of 32,000 square feet of building area for those uses listed below.
wHieR are a selectioB of some ef the f)eræi.tted and coRditiooal üses sf)eeified for
tHe Mixed Use zoBiBg desigBatioß witHiB Eagle City Code Sectieß g 2 3: The
following Mixed Use uses shown as permitted and conditional uses in Eagle City
Code shall be the only uses permitted for this Property:
Artist studios
Arts and crafts shows
Bar (must be upscale in nature)
Beauty/barber shop
Bed and breakfast facility
Catering service
Club or lodge
Childcare Family
Childcare Group
Farmer's market
Food and beverage sales
(This use is to be small scale for shops along the Boardwalk area)
Health clubs, spas, weight reduction salons
Home and business services
Horticulture (limited)
Home occupation
Indoor / outdoor commercial entertainment facilities and live entertainment events
To clarify, a concert house and/or large-scale concerts shall be prohibited.
However, indoor and outdoor live music events shall be permitted as
ancillary uses to a permitted use such as for weddings, at dining areas, etc.
Massage spa
Museum
Nursery, plant materials
Office, business and professional
Park and recreation facilities
Parking lot
Personal improvement
Personal services
Photographic studio
Planned unit development
Professional activities
Restaurant (no drive thru)
Retail sales (This use is to be small scale for shops along the Boardwalk area)
H
THe Mixed Use ,A.rea Has af)f)r-ØJdæately 240 feet of froRtage (eKehuiißg tHe eHtry
road). If a 100 foot deep büff.er area '.'lere to be f)ro't'iàeà aloßg Eagle Roaà, as
was reqüir-eà witHiB Lakemoor to the &oüth, the resültiHg area fer bafferiBg v:oülà
be approximately 35,000 sqüar-e feet. ,A. 20 foot deef) setèaek from Eagle Road
,vas reqüir-eà across the street for tHe CottoBwooà Creek office èüilàiBgs.
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The Mixed Use f.rea shall f)fOvide a miBiæüm 35,000 sqüare f{)ot
büffer/laRdscapel'Natør afBeflity ar-ea withiR Lot 1, "Block 3, aDd a 20 foot se~Baek
from Eagle Road f{)f the soatherly øffiee ÐaildiRg shall be permitted. Said office
BüildiBg shall be limited to ORe story. Staff note: Site specific condition of
approval No. 45 of the Laguna Pointe PUD requires a one hundred-foot (100')
wide landscape common area (not including right-of-way) along the portion of
the property adjacent to Eagle Road. It is staffs opinion that because this is a
condition of the PUD and not the rezone (nor the development agreement), this
proposed modified condition to the development agreement cannot change the
conditions of approval for a PUD, they are technically separate.
2.8
Building placement shall be designed such that parking areas are not concentrated
between the buildings and Eagle Road. The side of any buildings facing Eagle
Road shall be provided with architectural design elements and architectural relief.
2.9
All buildings shall be designed in compliance with Eagle City Code Section 8-2A.
Permitted architecture styles are specifically those shown within the Eagle
Architecture and Site Design Book (EASD Book). Architecture styles and
building design elements that are not shown with the EASD Book will not be
permitted.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone and modification to the development agreement with the staff recommended changes as
noted in the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on August
2,2004, at which time testimony was taken and the public hearing was continued to August 16, 2004,
and September 7, 2004, wherein 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 six (6) individuals who felt that the area should remain residential in nature since it is not
compatible with existing and proposed uses on the properties surrounding the site, that the potential for
noise from a commercial use may disturb abutting residential uses, there are safety issues relating to
access onto Eagle Road, and that a restaurant is not appropriate for the area.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual (other than the applicants/representatives) who felt that the mixed use classification is
appropriate for the land adjacent to Eagle Road.
D. Oral testimony neither in favor of nor opposed to this proposal was presented to the Planning and
Zoning Commission by one (1) individual who did not have a concern with a mixed use concept for
this area but wanted to be involved to see what the development will look like in order to confirm that
initial concerns of traffic and noise are appropriately addressed.
E. A letter was presented to the Planning and Zoning Commission on behalf of the property developer to
the south of this parcel which stated opposition to placing commercial uses between two residential
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properties, the need for a proportionate mix of commercial uses and residential uses compared to that
of the proposed development south of the subject site, and that the location of uses should be placed in
a manner which will cause the least amount of conflicts with abutting uses.
COMMISSION DECISION:
The Commission voted 4 to 0 (Marks absent) to recommend approval of RZ-2-03 MOD for a
rezone and a modification to the devèlopment agreement for Laguna Pointe planned unit
development with the following staff recommended conditions to be included within the
development agreement with underline text to be added by the Commission and strikethrough text
to be deleted by the Commission:
2.1
2.2
2.3
2.4
2.5
2.6
The Concept Plan 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. 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 change in the Concept Plan, notice shall be
provided as may be required by the City.
The use of motorized watercraft on the waterways within the development shall be
prohibited except that, if the City of Eagle modifies Eagle City Code prohibiting the use of
motorized watercraft (such as to allow watercraft with electric motors, for instance), then
any such permitted use will become a permitted use for the Laguna Pointe development.
The Owner shall submit a Design Review application for landscaping for the site (as
required by the Eagle City Code), and shall comply with all conditions required by Eagle
as a part of the Design Review.
The development shall comply with the Eagle City Code, as it exists in final form at the
time an application is made and the conditions within this agreement shall be satisfied.
The applicant shall construct the Eagle Road access as proposed pursuant to current
roadway engineering standards.
The Mixed Use ,^.rea shall be peræi.tted üf) to a maximüm of 20,000 sqüare feet of Office
Modical/DeBtallProfessioßal ÐüildiBg area aßd shall be f)effflitted a maxim1:!m of 32,000
squar-e f.:øet of ÐüildiBg area for those üses listed Ðelow. The followiBg Mixed Use üses
ShOWB as permitted aRd øoRditioBal üses iB Eagle City Code shall be the aBly üses
poffflitted for this Prof)erty:
The Mixed Use Area shall be permitted the following:
2.6.1
A maximum of 20,000 square feet of Office-Medical/Dental/Professional building
area with buildings being a maximum of 10,000 square feet each and limited to
single stOry construction:
A maximum of 12,000 square feet for a two-story building for a restaurant with
bar/lounge. Said building may also include a clubhouse area. banquet rooms, and
or health and fitness facilities. Substantial landscape screening, to be reviewed
and approved by the Design Review Board. shall be required along: the north and
south property lines;
A maximum of 20,000 square feet of building area is allowed for those uses listed
2.6.2
2.6.3
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2.7
2.8
2.9
below. Buildings for these uses shall be a maximum of 10,000 square feet and
limited to single stOry. The following Mixed Use zoning district uses shown as
permitted and conditional uses in Eagle City Code shall be the only uses permitted
for building: area:
Artist studios
Arts and crafts shows
Bar (must be upscale in nature)
Beauty/barber shop
Bed and breakfast facility
Catering service
Club or lodge
Childeare Family
Childcar-e Gr-oüf)
Farmer's market
Food and beverage sales (This use is to be small scale for shops along the
Boardwalk area)
Health clubs, spas, weight reduction salons
Home and business services
Hortieülære (limiteà)
Home occüpatioB
IBàoor anti oHtàoor cofRIRercial eBtertaiRæeBt faeilities aød live eBtertaiflmeBt
eveRts. To clarify, a eOBeert HOüse and/or large seale COReerts shall Be f)roHibited.
Ho'.ve'ler, iBàoor aDd oütdoor live müsie eveRts shall be f)efHiitted as aRcillary
I:lses to a f)efHiitted Hse sHell. as for weddiBgs, at diBiflg areas, ete.
Massage spa
Museum
Nürsery, f)laøt materials
Office, business and professional
Park aDd recr-eatioB faeilities
ParkiBg lot
Personal improvement
Personal services
Photographic studio
PlaBßed üBit develof)mØßt
Professional activities
Restaurant (no drive thru)
Retail sales (This use is to be small scale for shops along the Boardwalk area)
Building placement shall be designed such that parking areas are not concentrated
between the buildings and Eagle Road. The side of any buildings facing Eagle Road shall
be provided with architectural design elements and architectural relief.
All buildings shall be designed in compliance with Eagle City Code Section 8-2A.
Permitted architecture styles are specifically those shown within the Eagle Architecture
and Site Design Book (EASD Book). Architecture styles and building design elements
that are not shown with the EASD Book will not be permitted.
For any activities outside of a building, amplification shall be prohibited. Furthermore,
any such activities must meet the requirements of the City of Eagle noise ordinances. The
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2.10
2.11
2.12
2.13
Laguna Pointe CC&Rs shall reference Eagle City Code 4-9-3 and additionally, include the
following language: "It shall be prohibited for any person or business to make or cause
loud offensive noise by means of voice, musical instrument, horn, radio. loudspeaker,
automobile, machinery, other sound amplifying equipment, or any other means which
disturbs the peace. quiet. and comfort of any reasonable person of normal sensitiveness
residing in the area. Loud or offensive noise is that which is plainly audible within any
residence or business other than the source of the sound, or upon a public right-of-way or
street at a distance of one-hundred feet (100') or more from the source of such sound."
The minimum building and parking lot setback along the south side of the mixed use
portion of the property shall be 40-feet and shall be provided with substantial landscaping
for screening to be reviewed and approved by the Design Review Board.
As generally shown on the concept plan date stamped by the City on September 2. 2004,
the 1O0-foot wide buffer area along Eagle Road may include the portion ofright-of-way
that tapers to an area of approximately 60-feet further in depth from the street center line
as compared with the right-of-way width just south of Laguna Point. This will provide for
a 100-foot wide buffer consistent with the Lakemoor project to the south.
The applicant shall submit cut sheets showing details for all site and building lighting for
review and approval by the Desilpl Review Board with the submittal of any design review
application. The plans shall show how the lighting will facilitate the "Dark Sky" concept
and will be constructed or shielded to project downward and not horizontally.
Landscape buffers and building setbacks shall be as shown on shown on the plan date
stamped by the City on September 2. 2004.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on July 15, 2004.
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 July 17, 2004. 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 July 16,2004. Requests for agencies' reviews were
transmitted on July 16,2004, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (RZ-2-03 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 upon
annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designations of MU-DA (Mixed Use with Development
Agreement) is in accordance with the Mixed Use classification in accordance with the
recommended Comprehensive Land Use Map designation of Mixed Use approved by
the Commission on August 10, 2004 (CPA-I-04);
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
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required to be provided, to serve commercial uses on this property under the proposed
zone;
c. The proposed MU-DA (Mixed Use with Development Agreement) zoning district is
compatible with the R-2-P (Residential up to two units per acre PUD) to the north
since the Boise River existing trees along the northern boundary of this site will
provide a natural buffer, and the location of buildings proposed for this site will be
required to be setback a minimum of SO-feet from the property line to provide
additional area for landscape buffering;
d. The proposed MU-DA (Mixed Use with Development Agreement) zoning district is
compatible with the R-2-DA-P (Residential up to two units per acre with development
agreement and PUD) and R-E-DA-P (Residential Estates up to one dwelling unit per
two acres with development agreement and PUD) zones to the east since this
development is required to be constructed with buildings that are to have landscaping
that screens the buildings from residential uses, and any activities in the Mixed Use
area will be subject to noise restrictions as required in Eagle City Code and within the
CC&Rs of the development;
e. The proposed MU-DA (Mixed Use with Development Agreement) zoning district is
compatible with the zoning district approved for Mixed Use to the south since that
area has been preliminarily approved to develop a mix of commercial and residential
uses with similar uses and densities to the uses proposed with this development, and
existing trees along the southern boundary of this site will provide a natural buffer to
the proposed uses within the area to the south;
f. The proposed MU-DA (Mixed Use with Development Agreement) zoning district is
compatible with Eagle Road to the west since this development is required to provide
a landscaped area abutting the east side of Eagle Road and, in conjunction with the
commercial buildings and interior landscaping, will act as a buffer to mitigate traffic
noise upon the residential uses east of the subject area;
g. While the land proposed for rezone is located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan, this development will be required
to comply with all the applicable City of Eagle ordinances regarding construction in
the floodplain, and preservation of the lands within the floodway as conditioned by the
agencies having jurisdiction over the Boise River Floodplain.
h. No non-conforming uses are expected to be created with this rezone.
DATED this 1st day of November 2004.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
A a ou Idaho
ATTEST:
~ ~~~~
SharonX. Bergmann, Eagle City erk
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