Findings - CC - 2005 - CPA-1-04/RZ-2-3 MOD - Comp Plan Amend/R2 To Mu/Rz From Rut&Ar To Mu-Da/Mod Of Da
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
COMPREHENSIVE PLAN AMENDMENT FROM )
RESIDENTIAL TWO TO MIXED USE AND 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 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-I-04 & RZ-2-03 MOD
The above-entitled comprehensive plan amendment and rezone applications came before the Eagle City
Council for their action on November 9, 2004, at which time the item was continued to December 14,
2004, to January 11,2005, to January 25, 2005, and to February 8, 2005, at which time the Council made
their decision. The Eagle City Council 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 Comprehensive
Plan Amendment to change the land use designation on the Comprehensive Plan Land
Use Map from Residential Two (up to two dwelling units per acre) to Mixed Use and 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. An annexation application previously submitted to the City for review included this
property, a 9.31-acre portion of the approximately 117-acre site.
Note: The applicant withdrew the rezone portion of the application (RZ-4-04) and instead
applied for a modification (RZ-2-03 MOD) to the previously approved rezone application
associated with the Laguna Pointe PUD.
B. APPLICATION SUB MITT AL:
The comprehensive plan amendment application for this item was received by the City of
Eagle on April 22, 2004.
The rezone modification 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 City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on October 25,2004. Notice of this public hearing was mailed to property
owners within three-hundred feet (300-feet) of the subject property in accordance with the
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requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on October 20,
2004. Requests for agencies' reviews were transmitted on April 23, 2004 and 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).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA nON
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 with Mixed Use development
development agreement)
North of site Residential Two (up to R-2-P (Residential PUD) South Channel of Boise
two dwelling units per River & Island Woods
acre maximum) Subdivision
South of site Mixed Use RUT (Residential- Ada County Proposed Lakemoor
designation) ResidentiaVCommercial
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.
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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.
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 and rezone with development agreement 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 Subdivision 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
- these letters apply to RZ-2-03 MOD as well)
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 and application for CP A-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:
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. 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.
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
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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.
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, fire, 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
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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.
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 (APA), and other agencies that may be responsible
for roadway planning and design.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 8-2A-6 (A)(I)
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;
1. 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:
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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 (50%) 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.
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
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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
shown with strike-thru recommended to be deleted by staff:
2.6 The Mixed Use Area shall be permitted ~ a maximum of 20,000 square feet of
Office-MedicaVDentaVProfessional building area and shall be permitted a
maximum of 32,000 square feet of building area for those uses listed below.
whiCH are a selection of some of the permitted and coaaitionall:lses specified f..or
tHe Mixed Use zoaing designation witHia Eagle City Code Sectioa 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
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Restaurant (no drive thru)
Retail sales (This use is to be small scale for shops along the Boardwalk area)
H The Mixea Use ,\rea has approximat-ely 210 feet of frontage (excludiRg t\:te eRtry
road). If a 100 foot aeep bl:lffer area 'Nere to be provided aloRg Eagle Road, as
was reql:lired within Lakemoor to the sOl:lth, the resl:lltiRg area for bufferiRg \vol:lld
Be approximately 35,000 sql:lare feet. A 20 fDot deep setback from Eagle Road
was reql:lirea across tke street for the Cottoawood Creek office bl:lilaings.
The Mixed Use :\rea shall provide a miaiml:lm 35,000 sql:lare foot
bl:lffer/laRascape/w~er ameaity area within Lot 1, Block 3, aRa a 20 foot setback
from Eagle Roaa f..or the sOl:ltherly office buildiag shall be permitted. Said office
bl:lilaiag shall be limited to oae 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 staff's 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 approvalfor 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.
ST AFF 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
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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
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 development agreement for Laguna Pointe planned unit
development with the conditions to be included within the development agreement as noted within
their findings of fact and conclusions of law document, dated November 1, 2004.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on November 9, 2004; the
public hearing was continued to December 14, 2004; the public hearing was continued to January 11,
2005; the public hearing was continued to January 25, 2005, at which time testimony was taken; the
public hearing was continued to February 8, 2005, 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 no one 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 City Council 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 City Council 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.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CPA-I-04 & RZ-2-03 MOD for a Comprehensive Plan
Amendment to change the land use designation on the Comprehensive Plan Land Use Map from
Residential Two to Mixed Use and a rezone from RUT and A-R to MU-DA with a modification to
the development agreement (previously approved with the rezone application associated with the
Laguna Pointe planned unit development) with the following conditions to be included within the
development agreement:
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2.1 The Concept Plan (Exhibits A and 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. 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.
2.2 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.
2.3 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.
2.4 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.
2.5 The applicant shall construct the Eagle Road access as proposed pursuant to current roadway
engineering standards.
2.6 The land zoned Mixed Use, herein referred to as "Mixed Use Area" includes an office site
adjacent to Eagle Road and a restaurant/specialty shop site adjacent to the intemallake (see
Exhibit B) and shall be permitted the following:
2.6.1 The office site shall be permitted a maximum of 12,000 square feet of Office-
MedicallDentalIProfessional building area limited to single story construction;
2.6.2 The restaurant/specialty shop site shall be permitted a maximum of 12,000 square
feet for a two-story building for a restaurant with barllounge. An open-air deck is
permitted to extend off of the east side of the second story. The final size and
configuration of the deck shall be at the discretion of, and determined by the
Design Review Board. 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;
2.6.3 A maximum of 5,000 square feet of building area shall also be permitted for the
restaurant/specialty shop site for those uses listed below. An open-air deck is
permitted to be constructed on top of the single stOry portion of the building that
is located on the northeast side of the main restaurant/specialty building. The deck
is permitted to extend off of the northwest and southeast sides of this portion of
the building. The final size and configuration of the deck shall be at the discretion
of, and determined by the Design Review Board. The floor area for these uses
shall be adjacent to the two story building and shall be limited to single story. The
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following Mixed Use zoning district uses shown as permitted and conditional uses
in Eagle City Code shall be the only uses permitted for this building area:
Artist studios
Arts and crafts shows
Bar (must be upscale in nature and included as an ancillary part of the
main restaurant facility)
Beautylbarber shop
Bed and breakfast facility
Catering service
Club or lodge
Food and beverage sales (This use is to be small scale and included with
the specialty shops)
Health clubs, spas, weight reduction salons
Home and business service
Massage spa
Museum
Office, business and professional
Personal improvement
Personal services
Photographic studio
Professional activities
Restaurant (no drive thru)
Retail sales (This use is to be small scale and included with the specialty
shops)
2.7 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 enhanced architectural design elements and architectural relief.
2.8 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.
2.9 In the MU-DA zone only, any/all activities conducted outside of a building shall be
prohibited from utilizing sound amplification at any time. This provision shall also
apply to the R-E-DA-P and the R-2-DA-P zones, so as to prohibit commercial
entertainment and/or commercial musical events. Furthermore, all outdoor activities
must meet the requirements of the City of Eagle noise ordinances. The Laguna Pointe
CC&Rs shall reference Eagle City Code 4-9-3 and additionally, include the following
language:
In the MU-DA zone only, any/all activities conducted outside of a building shall be
prohibited from utilizing sound amplification at any time.
Eagle City Code Section 4-9-3: PUBLIC DISTURBANCE NOISE PROIllBITED:
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A. Between the hours of ten o'clock (10:00) P.M. one day and seven o'clock (7:00)
A.M. the next day, it shall be unlawful for any person or business to make or cause
loud or offensi ve 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.
B. Due to extreme heat during the summer months of June, July and August
construction noise may begin at six o'clock (6:00) A.M. (Ord. 457, 9-9-2003)
C. Due to extreme heat during the summer months of June, July and August landscape
maintenance noise may begin at six o'clock (6:00) A.M. (Ord. 457, 9-9-2003)
If, however, the City of Eagle modifies the noise regulations within the City code then
the restrictions provided herein shall comply in all respects with the modified code.
2.10 As generally shown on the concept plan Exhibit B, the 100-foot wide buffer area
along Eagle Road may include the portion of right-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.
2.11 The applicant shall submit cut sheets showing details for all site and building
lighting for review and approyal by the Design 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.
2.12 Landscape buffers and building setbacks shall be generally as shown on Exhibit B
and shall comply in all respects with Eagle City Code.
2.13 A clear copy of Exhibit B shall be included in the CC&R' s along with the
language from Sections 2.6, 2.61, 2.62, and 2.63 of this development agreement.
2.14 Within the twenty-five foot (25') wide easement along the South Channel of the
Boise River, and extending along the entire length of the development, construct a
minimum ten-foot (10') wide pathway consisting of a compacted, crushed cinder
material. The pathway may be reduced in width and may be a natural surface only
where may be required by the Army Corp of Engineers to protect wetlands. Also, in
locations where the pathway is planned to not be within the 25-foot wide easement,
additional easement area shall be provided as necessary. The final proposed design
and location of the pathway shall be reviewed and approved by the Park and Pathway
Development Committee prior to the submittal of a design review application. The
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pathway shall be constructed prior to the issuance of any building permits for homes
within the subdivision. This condition shall supercede site specific condition of
approval #5 noted within the Council's post mediation Findings of Fact and
Conclusion of Law document, dated July 13, 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 City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on October 25,
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 October 20, 2004. Requests for agencies' reviews were transmitted on April
23,2004 and on July 16,2004, in accordance with the requirements of the Eagle City Code.
3. The Council reviewed the particular facts and circumstances of this proposed comprehensive plan
amendment (CPA-I-04) and based upon the information provided concludes that the proposed
comprehensive plan amendment is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
The Mixed Use designation consisting of a mix of commercial and residential uses provides a
transition from State Highway to the residential uses proposed to the south and east and is consistent
with the Mixed Use designation for the property to the south of this site.
4. The Council reviewed the particular facts and circumstances of this proposed rezone modification (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 modification 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 Development Agreement) is in
accordance with the approved, amended Comprehensive Plan Land Use Map classification of
Mixed Use for this site;
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 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 50-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
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been 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 flood way 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 26th day of April 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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