Findings - CC - 2008 - RZ-24-06 MOD - Mod To Da Instr#108055908/Cond 3.6 To Change Hotel To Permitted Use
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE REZONE WITH )
DEVELOPMENT AGREEMENT ASSOCIATED WITH )
EAGLE GATEWAY SOUTH SUBDIVISION )
FOR EAGLE GATEWAY DEVELOPMENT, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-24-06 MOD
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their decision on June 10, 2008. 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:
Eagle Gateway Development, LLC, represented by Walter Lindgren, with Johnson
Architects is requesting a modification of the development agreement (Instrument
# 1 08055908) Condition of Development # 3.6 to change a "Hotel" use (shown as "c"
conditional use under the MU zoning designation within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations") to a permitted use on the property.
B. APPLICA TION SUBMITTAL:
The application for this item was received by the City of Eagle on April 23, 2008.
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 May 19, 2008. 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 May 24, 2008.
The site was posted in accordance with the Eagle City Code on May 29, 2008.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 22, 2007, the City Council approved an annexation and rezone (A-18-06/RZ-24-
06) from RUT (Rural Urban Transition - Ada County designation) and MU (Mixed Use)
to MU-DA (Mixed Use with Development Agreement) for Cornerstone Group, LLC.
On July 24, 2007, the City Council approved a preliminary plat (PP-21-06) for Eagle
Gateway South Subdivision for Cornerstone Group, LLC.
On October 16, 2007, the City Council approved a design review (DR-33-07) for the
common area landscaping for Eagle Gateway South Subdivision for Cornerstone Group,
LLC.
Page I of6
K:\Planning Dept\Eagle Applications\SUBS\2006\Eagle Gateway South MOD ccf.doc
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use, Floodway and MU-DA (Mixed Use with Mixed use development
Scenic Corridor overlay Development Agreement) including commercial,
and PS-DA retail, single-family, multi-
(Public/Semipublic with family residential and a
Development Agreement) public park.
(pending adoption of Rezone
Ordinance)
Proposed No Change No Change Allow a 'Hotel' use as a
permitted use within the
proposed development
North of site Business Park BP (Business Park) State Highway 44
South of site Floodway RP (Ada County designation) Boise River (north channel)
Williamson Horse Ranch
East of site Mixed Use, Floodway and MU (Mixed Use) Pasture and Ancona
Scenic Corridor overlay Business Park
West of site Mixed Use, Floodway and RUT (Residential- Ada Proposed Lonesome Dove
Scenic Corridor overlay County designation) Subdivision
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. SITE DATA:
Total Acreage of Site - 56.86 +/- acres
Total Acreage of Area to be Developed - 34.69 +/- acres
Total Acreage of Area to be Donated to the City - 22.1 7 +/-
Total Number of Lots - 98
Residential- 114
Commercial - 16
Industrial - 0
Common - 6
Total Number of Units - 114
Single-family - 72
Multi-family - 42
Total Acreage of Any Out-Parcels - none
Total Gross Square Footage of Commercial Buildings - 200,500 square feet (approximately)
Page 2 of6
K:\Planning Dept\Eagle Applications\SUBS\2006\Eagle Gateway South MOD ccf.doc
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter attached to the staff report and incorporated herein by
reference.
I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
J. NON-CONFORMING USES: None are apparent on the site.
K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (A-18-
06/RZ-24-06 and PP-21-06) and their correspondence is attached to the staff report and
incorporated herein by reference:
Ada County Highway District (Draft) date stamped by the City on April 10, 2007
Boise River Flood Control District No. 10
Central District Health (Annexation and Rezone comments)
Central District Health (Preliminary Plat comments)
Chevron Pipeline (Annexation and Rezone comments)
Chevron Pipeline (Preliminary Plat comments)
Department of Environmental Quality (Annexation and Rezone comments)
Department of Environmental Quality (Preliminary Plat comments)
Eagle Fire Department (Annexation and Rezone comments)
Eagle Fire Department (Preliminary Plat comments)
Eagle Sewer District
Idaho Department ofFish and Game
Idaho Department of Lands
Idaho Power Company
Idaho Transportation Department
Joint School District No.2
L. 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 Condition of
Development 3.6 to be changed as follows with underline text to be added:
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," 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.
Page 3 of6
K:\Planning Dept\Eagle Applications\SUBS\2006\Eagle Gateway South MOD ccf.doc
The following uses which are shown as "c" conditional uses under the MU zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations,"
shall be considered "P" permitted uses on the Property:
· Bar
· Hotel
· Retail Sales
· Commercial Entertainment Facility (Theater)
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);
.
.
.
.
.
.
.
.
.
.
.
.
.
PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council on June 10, 2008, at which
time public 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 two (2) individuals
who indicated they would be in favor of a hotel being constructed within the development.
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-24-06 MOD for a modification to Conditions of
Development #3.6 of the development agreement (Instrument #108055908) associated with the
site for Eagle Gateway Development, LLC, with underlined text to be added to the previously
approved development agreement:
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," shall be considered permitted uses
Page 4 of6
K:\Planning Dept\Eagle Applications\SUBS\2006\Eagle Gateway South MOD ccf.doc
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.
The following uses which are shown as "c" conditional uses under the MU zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations,"
shall be considered "P" permitted uses on the Property:
· Bar
· Hotel
· Retail Sales
· Commercial Entertainment Facility (Theater)
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:
CONCLUSIONS OF LAW:
.
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);
.
.
.
.
.
.
.
.
.
.
.
.
.
1. The application for this item was received by the City of Eagle on April 23, 2008.
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 May 19,2008.
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 May 24,2008. The site was posted in accordance with the Eagle City Code on May 29,
2008.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
24-06 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 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) zone is
consistent with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map;
b) The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicated that adequate public facilities exist, or are expected to be provided to serve
all uses allowed on this property under the proposed zone;
Page 5 of6
K:\Planning Dept\Eagle Applications\SUBS\2006\Eagle Gateway South MOD ccf.doc
c) The proposed MU-DA (Mixed Use with Development Agreement) zone is compatible with the
MU-DA (Mixed Use with a Development Agreement) zone and land uses to the north, east, and
west since those areas have the same Comprehensive Plan designation as this site, and are
expected to be or are being developed in a similar manner has this development.
d) The proposed MU-DA (Mixed Use with Development Agreement) zone is compatible with the R-
2 (Residential-up to two units per acre) zone and land use to the south since this area is developed
as a residential subdivision and is buffered from the proposed development by the Boise River;
e) 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 or will be required to submit a LOMR (Letter of Map Revision) removing
the site from the floodplain pursuant to the regulations of FEMA (Federal Emergency
Management Administration) and Ada County; and
f) No non-conforming uses are expected to be created with this rezone.
DA TED this 15th day of July 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
a Coun , Idaho
. !fl-J
ATTEST:
-.l! r~. - K ~.~~
Sharon K. Bergmann, Eagle City Clerk
"",.........""
""" r..LE I"
~~ Ilo.U '.
~,... ~r" ........ * I.",
~ b .. "s.. ...
':0-:0... ,.., .. ,.
= . ~ .,.
. >.. I LlO ~\ 0 ·
E I ~ , .....~V:r:!
· E- 04:' . ~y Q. ... .
· -. , Ill. .... ·
': U \ to) ~ 10.: t::J E
\. ... c, 0..;...... i
,. .. INCO"".. O~ ~
I", * ......... G ....
II ~ V ..'
III S T ^ 1 ","
1111'..........""
Page 6 of6
K:\Planning Dept\Eagle Applications\SUBS\2006\Eagle Gateway South MOD ccf.doc