Findings - CC - 2007 - RZ-19-05 MOD - Mod To Da To Remove Language Re:Building Max Size
BEFORE THE EAGLE CITY COUNCIL
o t9/ 6';,
/114 (
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE )
DEVELOPMENT AGREEMENT FOR )
THE REZONE FROM RUT TO MU-DA )
FOR LONESOME DOVE SUBDIVISION )
FOR LONESOME DOVE, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-19-05 MOD
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their decision on August 14, 2007. The 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:
Walter Lindgren, representing Lonesome Dove, LLC, is requesting a modification to the
development agreement to remove the portion of the language within Condition of
Development #3.5 which reads, "Buildings up to a maximum of 10,000 square feet each
are permitted for this area." The 41.20-acre site is generally located on the southwest
comer of Riverside Drive and State Street at 1505 Riverside Drive.
B. APPLICA TION SUBMITTAL:
The application for this item was received by the City of Eagle on June 7, 2007.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on July 16, 2007. 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 11,2007.
The site was posted in accordance with the Eagle City Code on July 30, 2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July II, 2006, the City Council approved an annexation and rezone with a
development agreement (A-12-05/RZ-19-05) for Lonesome Dove, LLC.
On September 26, 2006, the City Council reviewed and approved the conditions to be
placed in a development agreement (RZ-19-05) for Lonesome Dove, LLC.
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA TIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use, Floodway and RUT (Residential - Ada Commercial horse arena
Scenic Corridor overlay County designation) (Lonesome Dove Ranch)
and pasture
Proposed No Change MU-DA (Mixed Use) with Mixed use development
Development Agreement including commercial,
retail and residential (town
homes and condominiums).
North ofsite Public/Semi-Public and PS (Public/Semipublic) and Park and Ride, State
Mixed Use A (Agricultural), MU-DA Highway 44, Eagle River
(Mixed Use) with Development
Development Agreement
South ofsite Residential Two and R-2-P (Residential - two units Boise River
Floodway per acre) Planned Unit Rivers End Planned Unit
Development and RP (Rural Development
Preservation- Ada County
Designation)
East of site Mixed Use RUT (Residential- Ada Rock Contractors
County designation) and
MU-DA (Mixed Use) with
Development Agreement
West ofsite Mixed Use RUT (Residential - Ada Pasture
County designation) County
designation) and MU (Mixed
Use)
E. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
F . TOTAL ACREAGE OF SITE: 41.2-acres
G. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter attached to the staff report and incorporated herein by
reference.
H. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
1. NON-CONFORMING USES: None are apparent on the site.
J. AGENCY RESPONSES:
The following agencies have previously responded with the original application (A-12-
05/RZ-19-05) and their correspondence is attached to the staff report:
Ada County Highway District
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Chevron Pipeline
Central District Health Department
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Idaho Transportation Department
K. LETTERS FROM THE PUBLIC: None received to date
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Staff recommends approval of the modification to the development agreement with the changed condition
to read as follows:
3.5 The Mixed Use area of the Property as depicted on the concept plan is to be developed with a
combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations" under the MU zoning designation (except as limited in
Section 3.6, below). The commercial core buildings shall be constructed not to exceed an 11.000
square foot footprint area as shown on Exhibit" ". Single tenant retail and restaurant uses shall
not exceed 7.500 square feet in total area (including any area above the first floor).
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 14, 2007, at
which time testimony was taken and the public hearing was closed. The Council made their
decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than
the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-19-05 MOD for a modification to the development agreement
for Lonesome Dove, LLC, with the following Conditions of Development with strikethrough text to be
deleted by the Council and underline text to be added by the Council:
3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.2 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 changes in the Concept Plan, notice shall be provided as may be required by the City.
However, the residential portion of this development proposal is recognized by Eagle and
Applicant as a desired component to a mixed use development. A residential component of
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similar size and area to that depicted in the Concept Plan with the provisions and allowances
contained herein, shall be maintained.
3.3 The total number of residential units on the Property shall not exceed 226-units in the aggregate.
Development of the residential portion of the Property will be permitted through the Design
Review process and future conditional use permits for the residential development will not be
required with the exception of height exceptions.
3.4 The Setbacks shall be as follows:
· Single Family Residential:
Lots 1-24
Front
Rear
10 feet (River side)
15 feet (to garage) (measured from the back
of sidewalk)
Interior Side
5 feet
Additional Setback for
Multi-Story structures
Street Side
2.5 feet
10 feet
Lots 25-101
Front (Exhibits E & I)
10 feet (measured from back of sidewalk) for
covered porches or less than 50% of
building mass (A Lots-As shown on Exhibit
I)
Rear
15 feet (measured from back of sidewalk) for building
mass (B Lots-As shown on Exhibit I)
12 feet (to garage) (measured from back of
sidewalk or edge of alley)
5 feet
Interior Side (up to two-story)
Street Side 10 feet
· Multi-family Condominiums:
Front
Rear
Interior Side
Street Side
I 5 feet
I 0 feet
7.5 feet (2-story) /12.5 feet (3-story)
15 feet
· Mixed Use /Office/ Retail Commercial Buildings
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Front 7.5 feet (allows canopies, awnings, etc. to encroach)
Rear I 0 feet
Interior Side 7.5 feet (2-story) /12.5 feet (3-story)
Street Side 7.5 feet (allows canopies, awnings, etc. to encroach)
· Maximum Coverage: 60%
All single family residential Structures shall require Architectural Control Committee (ACe)
approval prior to the issuance of any building permits to assure that the homes are designed to be
compatible and consistent with the "Craftsman" theme of the development.
3.5 The Mixed Use area of the Property as depicted on the concept plan is to be developed with a
combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations" under the MU zoning designation (except as limited
in Section 3.6, below). BlIil€liRgS 1113 to a IfIlHdlfllllfl of lQ,ggg sE(lIare feet elisil are l3eFfRitte€l for
this area. The commercial core buildings shall be constructed not to exceed an 11,000 square
foot foo rint area as shown on Exhibit "J". Sin Ie tenant retail and restaurant uses shall not
exceed 7,500 square feet in total area (including any area above the first floor).
3.6 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed Use District land
uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations",
existing at the time a design review application or conditional use permit application (whichever
the case may be) is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations," (Exhibit "1") shall be considered
permitted uses and all uses shown as "c" conditional uses under the MU zoning designation shall
require a conditional use permit, except that the residential portions of the Property described in
Section 3.3 shall not require a conditional use permit.
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
. Residential, Mobile Home (Single Unit);
· Residential, Mobile Home (Single Unit Temporary Living Quarters);
· Residential, Mobile Home Park;
· Adult Business;
. Automotive washing facility;
· Cemetery;
. Circuses and Carnivals;
. Drive-In Theatre;
. Equipment Rental and Sales Yard;
· Kennel;
. Nursery, plant materials;
. Riding Academies/Stables;
. Small Engine Repair;
. Storage ( fenced area);
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3.7 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, parking lots, and amenities.
(b) A requirement insuring compliance with the Design Guidelines approved with this
Agreement.
(c) A requirement for all fencing within the development to be open-style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or three-rail-type wooden
decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited.
(d) A requirement for the placement of street trees adjacent to the street by the owner on Lots
1-24 as shown on Exhibits D & G prior to the issuance of a Certificate of Occupancy for the
dwelling.
3.7.1 The applicant shall place a note on the final plat that all common areas are to be
owned and maintained by the Owners Association(s) for the development. The applicant shall
provide a copy of the CC&Rs (which include a similar statement regarding the common areas)
for review and approval by the City attorney prior to the approval of the first final plat. The
CC&Rs shall provide that the association(s) shall have the duty to maintain and operate all of
the Common landscape areas in the subdivision in a competent and attractive manner,
including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with
Eagle City Code, in perpetuity.
3.8 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and
platting while still maintaining the general intent of the Conceptual Plan with the requirements
set forth in this Development Agreement. Specific design elements shall be clarified during the
platting and design review application processes. However, the streetscape as shown on the
concept plan (the central design theme (Exhibit H), center landscape islands, street trees, pool,
poolhouse, and, children's play areas (3)) (Exhibit F) shall be required design elements as part
of the final design for the site. The overall open space for the site shall remain a minimum of
50%. For the purpose of this Agreement, open space shall be defined as all areas other than
buildings, parking lots, roadways, and individual, fee-simple residential building envelopes.
3.9 The applicant's property shall comply with all applicable Eagle Sewer District's regulations and
conditions prior to the submittal of a final plat application. Prior to issuance of any building
permits, Applicant shall provide proof of central sewer service to the proposed residential and
commercial uses. A letter of approval shall be provided to the City from the Idaho Department
of Health and Welfare, Department of Environmental Quality, and/or Central District Health,
prior to issuance of any building permits.
3.10 Applicant shall provide a report or analysis of any proposed changes to wetlands located on the
Property and any such change shall be contingent upon approval by the Idaho Fish & Game
Department (if applicable), the Idaho Department of Water Resources (if app I icable), the Army
Corps of Engineers, the City of Eagle, and any other appropriate governmental agencies, and
shall be in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all
development and improvement of the Property shall comply with rule and regulations pertaining
to regulated wetlands.
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3.11 Applicant will comply with all applicable provisions of Title 10, Flood Control, of the Eagle
City Code.
3. 12 Applicant shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6, a minimum ten foot (10') wide asphalt public pathway along the portion of the
Property on the levee adjacent to the Boise River. The specific location and design of the
pathway shall be approved by the City of Eagle Park and Pathway Development Committee, the
Eagle Design Review Board, and the Eagle City Council prior to the submittal of the first final
plat for the Property. The asphalt pathway shall be located in an easement or easements which
shall be dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4- 1-
6(E)(2), upon recordation of the final plat(s) wherein the pathway is located.
3.13 A minimum of one emergency and/or service access point to the Boise River for the use of repair
and rescue equipment and personnel shall be provided. Location and width of emergency and/or
service access shall be as determined in coordination with the City of Eagle Park and Pathway
Development Committee, Eagle Fire Department, Flood Control District # I 0 and Ballantyne
Irrigation Ditch Company and approved by the Eagle City Council prior to City approval of the
preliminary plat or master design review application for the Property.
3.14 Provide bus stops as may be recommended by Eagle.
3.15 Applicant shall match the existing streetscape located on the south side of Riverside Drive with a
minimum eight foot (8') wide tree lined landscaped strip and a detached ten foot (10') wide
pathway. The landscaping, including street trees and pathways shall be reviewed and approved
by the Eagle Parks and Pathway Development Committee and the Eagle Design Review Board
prior to submitting application for a final plat.
3.16 Applicant shall provide a center common area plaza for use by the residents of the development
as generally depicted on the Concept Plan. The intent of the plaza is to become a focal point of
the development with an adequate area for gathering, a pool, pool house, benches, seat walls,
and offiamentallighting to create a sense of place and identity for the core area of the
development. The landscaping may include shrubs, flowers, water features, etc., and shall be
reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the
submittal of a final plat.
3.17 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables, etc.).
3.18 The single-family dwellings shall be constructed utilizing .!! "Craftsman/Americana" style
architecture. Commercial/retail buildings, multi-family residential condominiums, single-family
dwellings, and pool house shall be required to meet the design review guidelines as set forth in
Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review Board
and Eagle City Council approval of the detailed architectural plans for the development is
required prior to the issuance of building permits for commercial/retail buildings, multi-family
residential condominiums, pool house, pump house for irrigation, and gazebos.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACe) as a component of the development's CCR&S. Provisions regarding the
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creation and operating procedures of the ACC shall be included in the CC&R's, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal ofthe building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny,
at its discretion, any building permit application that does not meet the design requirements as
may be stipulated by the Eagle Design Review Board and Eagle City Council.
3.19 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of the final plat. The plans shall show how the lights will
facilitate the "Dark Sky" concept of lighting.
3.20 The applicant shall submit a design review application showing at a minimum: I) proposed
development signage, 2) planting details within the proposed and required landscape islands and
all common areas throughout the development, 3) landscape screening details and buffering for
the residential units adjacent to Riverside Drive 4) elevation plans for all proposed common area
Structures and irrigation pump house (if proposed), 5) landscape screening details of the
irrigation pump house (if proposed), 6) useable amenities such as picnic tables, covered shelters,
benches, playground equipment, gazebos, and/or similar amenities, 7) design of ponds to be
constructed in reference to mosquito abatement. The design review application shall be
reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the
submittal of the first final plat.
3.21 All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees
will be integrated into the open space areas (unless approved for removal by the City Forester
and the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. The applicant shall have an on-site meeting with the City Forester to
survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be
installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved,
prior to the commencement of any construction on the site.
3.22 Other than any pathways, ponds and landscaped open space areas as depicted on the Concept
Plan, development of the Floodway shall be prohibited.
3.23 Building placement shall be designed such that parking areas are not concentrated between the
buildings and Riverside Drive.
3.24 City of Eagle approvals shall be subject to any FEMA requirements.
3.25 Applicant shall provide pedestrian and bicycle public access to the paved pathway along the
Boise River as required in the Eagle Comprehensive Plan.
3.26 Provide a license agreement from ACHD approving the landscaping located within the public
right-of-way abutting the northern boundary of the Property (Riverside Drive) prior to the City
Clerk signing the final plat.
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3.27 Pathways connecting the residential areas to the commercial areas shall be provided.
3.28 The applicant shall tile the Ballantyne Ditch within the subject property as required by the
Ballantyne Irrigation Ditch Company prior to the City Clerk signing the final plat.
3.29 Provide documentation from Eagle Water Company and the Department of Environmental
Quality (Boise Regional Office) indicating that potable water service has been approved to serve
the site prior to the applicant submitting a final plat application.
3.30 Streets shall be constructed using the street section widths as shown on Exhibit C or as otherwise
approved by Ada County Highway District.
3.31 The applicant shall remove or cause to be removed the existing horse boarding! riding arena
business (Lonesome Dove Ranch) including but not limited to arenas, stables, barns, residences
and associated signage located on the site prior to December 3 I, 2006. All non-accessory off-
premise advertising including but not limited to the Dodge truck display shall be removed
immediately, prior to the execution of this agreement.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 7, 2007.
2. Notice of Public Hearing on this application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on July 16,2007.
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 II, 2007. The site was posted in accordance with the Eagle City Code on July 30,
2007.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-19-05) with
regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the
information provided concludes that the proposed rezone is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU-DA is consistent with the Mixed Use
designation on the Comprehensive Plan Land Use map;
b. The requested MU-DA (Mixed Use with a development agreement) zoning designation is
appropriate for the site since the areas to the east and west are currently designated Mixed
Use on the Land Use Map adopted September 14,2004, and are proposed to be developed
in a similar manner as this site;
c. The requested MU-DA (Mixed Use with a development agreement) zoning designation is
compatible with the MU-DA (Mixed Use with a development agreement) and PS
(Public/Semipublic) zone and land use to the north since one site is to be developed with a
commercial building and the other site is developed into a park and ride lot. The
residential area ofthis development is required to be buffered from these sites;
d. The requested MU-DA (Mixed Use with a development agreement) zoning designation is
compatible with the R-2-DA-P (Residential-two units per acre with development
agreement planned unit development) zone and land use to the south since that site is
currently developed with residential and the proposed development provides for single-
family residential to be adjacent to this development with the river and floodway area to
provide a buffer from the proposed development;
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e. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided as conditioned herein, to serve the uses allowed on this property pursuant to the
terms of the development agreement;
f. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan. The southern portion of the site lies within the
Boise River Floodplain area. The development of the site will be required to meet the
requirements of ECC, Title 10, Flood Control.
g. No non-conforming uses will be created by this rezone.
DA TED this 28th day of August 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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