Findings - PZ - 2006 - CU-05-06 - Height Exception Of 49' 2 1/4" Or Condos/36'7"/827 E Riverside Dr.
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A BUILDING HEIGHT EXCEPTION FOR )
TOWNHOUSES/CONDOMINIUMS WITHIN )
THE LOFTS AT EAGLE RIVER FOR SEA 2 )
SEA,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-05-06
The above-entitled Conditional Use Permit application came before the Eagle Planning and Zoning
Commission for their consideration on July 5, 2006. The Commission continued the item to August 7,
2006, September 5, 2006, and September 18,2006, at which time public testimony was taken, the public
hearing was closed and the Commission made their recommendation at that time. 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:
Sea 2 Sea, LLC, represented by Mark Butler with Land Consultants, Inc., is requesting
conditional use approval for a height exception of 49 feet, 2 ~4 inches for condominiums
and 36 feet, 7 inches for townhouses within the Lofts at Eagle RIVer residential
development. The 25.37-acre site is located on E. Riverside Drive approximately 1500
feet west of Edgewood Lane at 827 E. Riverside Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM. December 22, 2005, on site 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 4, 2006.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on June 19,2006. 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 14, 2006. The site was posted in accordance with the Eagle City Code on
June 21, 2006.Requests for agencies' reviews were transmitted on May 8, 2006, in
accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/ A
E. COMPANION APPLICATIONS:
A-12-06/RZ-14-0G & PP-15-0G: Annexation and Rezone from RUT (Ada County
designation) to MU-DA (Mixed Use with a development agreement) and Preliminary Plat
for the Lofts at Eagle River.
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DR-57-06; Common Area Landscaping, Clubhouse, Residential Townhouse and
Condominiums for The Lofts at Eagle River
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing MIxed Use RUT (Residential-Ada Single Famtly
County Designation) Residence/pasture
Proposed MIxed Use MU-DA (MIxed Use with a Residential development
development agreement)
North of site Mixed Use MU-DA (Mixed Use with a Idaho Athletic ClublVacant
development agreement) lot within Mixed Use No.5
Subdivision
South of site Floodway RUT (Residential-Ada Boise River
County Designation)
East of site Mixed Use RUT (Residential-Ada Lonesome Dove
County Designation) Ranch/agriculture
West of site Mixed Use RUT (Residential-Ada Vacant parcel/Eagle City
County Designation)/MU- Park
DA (Mixed Use with
development agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. EXISTING SITE CHARACTERISTICS: SIngle family dwelling and pasture land.
I. SITE DESIGN INFORMATION. N/ A
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The twelve (12) residential condominium buildings and fifteen (15) residential townhouse
buildings are part of a proposed residential subdivision.
Height and Number of Stories of Proposed Buildings:
Condominiums = 49' 2 Y." high; two story.
Townhomes = 36'7" high; two story.
Gross Floor Area of Proposed Buildings: N/ A
On and Off-Site Circulation:
The condominiumltownhomes will be located within a proposed reSidential development
known as The Lolls at Eagle River. If the residential development is approved circulation
will be provided through a public road and private dnveways.
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K. PUBLIC SERVICES AVAILABLE:
The site is within the service boundaries of Eagle Water Company, Eagle Sewer District.
Eagle Fire District and MeridIan School District. Pnor to final approval of the residential
subdivision approval letters from the service providers will be required.
L. PUBLIC USES PROPOSED: None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - yes-Boise River
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes- There are several mature trees on the site in proximity to the river and
scattered throughout the site.
Riparian Vegetation - yes-adjacent to the Boise River
Steep Slopes - no
Stream/Creek: yes-Boise River
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - Yes- Boise River
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power
Q. LETTERS FROM THE PUBLIC: None received to date.
R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the follOWIng standards and shall tind 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;
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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 appropnate
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, retust: 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;
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
1. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as 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, see specitic
planning area text for a complete description.
Chapter 11 - Special Areas and Sites
11.2 Recognized Special areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological
and scenic signiticance. The area comprises the two channels of the Boise River
and intervening and immediately adjacent areas as generally depicted on the
Comprehensive Plan Land Use Map.
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Chapter 12 - Community Design
12.1 Background and Vision
Community design is the organized fashion in which a community is developed In
order that a general mood or theme is established and maintained.
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
12.3 Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents
to Eagle. City entryways include State Highways 44 (State Street and Alternate
Route) and 55 (Eagle Road). These entrances with their landscaping (or lack
thereof), commercial signage and building character provide the first, and
oftentimes the most lasting impressions of the entire community. The City of
Eagle has the responsibility to guide development and redevelopment that occurs
along these entryway cOITidors.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 8-2-4 Maximum Height:
Maximum height allowed within the Mixed Use zoning district is thirty-five feet (35') In
height.
. ECC Section 8-2A-6(B)(6)(a) Architectural appurtenance height restrictions:
All spires, poles, antennas, steeples, towers, and any other such structures shall be limited to a
maximum offorty feet (40') within the DDA and TDA and thirty five feet (35') in all other
locations. Additional height may be permitted if a conditional use permit is approved by the
city council.
C DISCUSSION:
. The applicant is requesting a conditional use permit to allow for a height exception of 49'2 1";'
for condominiums and 36' 7" for townhouses due to the architectural style and number of
stories (3) proposed for residential condominiums and townhomes. The condominiums and
townhomes are proposed to be constructed wnh"Craftsman" style architecture. utiliZing three
stories with the first story providing an enclosed parking area for the residents. The
"Craftsman" style architecture usually does not exceed 1-1 1", stories, however, to
accommodate the parking and enclose the mechanical units within the attics the applicant is
requesting a helght exception to the ordinance. The residential Units wtll also have to meet
conditions of Design Review, approval utilizing the architectural standards within the Eagle
Architecture and Site Design book and Eagle City Code, Section 8-2A.
The proposed buildings will be in view from the entry corridor to the City on the south side of
State Highway 44. Consideration should be given regarding the view corridor to the Boise
River and associated vegetation adjacent to the river.
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. For reference, requested height exception of 49' 2 \-4" for condominiums and 36' 7" for
townhouses exceeds the height exception for the Hilton Garden Inn (45' 2" for the building
and 48' for the chimney). The Hilton Garden Inn Hotel is located within a C-3-DA (Highway
Business District with a development agreement) zone and is adjacent to S. Eagle Road which
is designated as a Principal Arterial on the Ada County 2030 Street Functional Classitication
Map. The Hilton Garden Inn is also located approximately one half mile west of this project.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
If the City approves the requested height exception, then staff recommends the site specific
conditions of approval and the standard conditIOns of approval provtded withIn the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July 5,
2006. The Commission continued the item to August 5, 2006, September 5, 2006, and September] 8.
2006, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by one (1) individual who indicated that the height exception for the proposed
townhouses/condominiums should be denied because it will obstruct the view of the tree line adjacent
to the Boise River. They also indicated the height exception will allow for buildings to be constructed
which are not harmonious with Eagle architecture.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission from
no one (not including the applicantlrepresentative).
COMMISSION DECISION:
The Commission voted 3 to 0 (Jacobs and Lien absent) to recommend denial of CU-05-06 for a
conditional use permit for a 36' 7"/49' 2 1'2" building height exceptIOn of 36' 7" for townhouses
and 49' 2 1'2" for condominiums for The Lofts at Eagle River for Sea 2 Sea, LLC.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held in compliance with the application submittal requirement of Eagle
City Code at 6:00 PM, on December 22, 2005, on site. The conditional use permit applications for this
item were received by the City of Eagle on May 4, 2006.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on June 19, 2006. 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 14, 2006. The site was posted in accordance
with the Eagle City Code on June 21, 2006. Requests for agencies' reviews were transmitted on May
8,2006, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit application (CU-05-0o) wtth regard to Eagle Cily Code SectIOn 0-7-5 "Actton by the
Commission and Council", and based upon the information provided concludes that the proposed
conditional use permit is not in accordance with the Eagle City Code because:
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The proposed conditional use;
C. Will not be designed, constructed, operated and maintained to be hannonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will change the essential character of the same area
since the heights of the proposed townhouse and condominium units will have a
negative impact due to visual obstruction of the tree line adjacent to the Boise
River. Further the building height is not harmonious with residential architecture
within Eagle.
DATED this 2nd day of October 2006.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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