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Findings - CC - 2008 - RZ-19-05 MOD1 - Mod To Da/41.20 Acre/1505 Riverside Drive BEFORE THE EAGLE CITY COUNCIL 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-t9-05 MODt The above-entitled rezone with development agreement modification application came before the Eagle City Council for their decision on October 28, 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: Lonesome Dove, LLC, represented by Chad Longson is requesting a modification to the development agreement associated with the Lonesome Dove Subdivision. 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 4, 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 October 13, 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 October 10, 2008. The site was posted in accordance with the Eagle City Code on October 17, 2008. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 26, 2006, the City Council approved an annexation and rezone from RUT (Rural Urban Transition - Ada County designation) to MU-DA (Mixed Use with Development Agreement) for Hawkins Companies. (A-12-05/RZ-19-05) On January 23,2007, the City Council approved a preliminary plat for Lonesome Dove Subdivision for Lonesome Dove, LLC. (PP-18-06) On August 14, 2007, the City Council approved a development agreement modification limiting the commercial core buildings to 11,000 square foot footprint area and that no single tenant retail and restaurant uses shall not exceed 7,500 square feet in total area (including any area above the first floor). (RZ-19-05 MOD) On December 18, 2007, the City Council approved a final plat for Lonesome Dove Subdivision (FP-l 0-07). Page 1 of 12 K:\Planning Dept\Eagle Applications\RZ&A \2005\A-12-05 & RZ-19-05 MOD 1 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, retail and residential (town homes and condominiums). Proposed No Change No Change No Change North of site 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 of site 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 MU-DA (Mixed Use with Proposed Eagle Gateway Development Agreement) South Subdivision West of site Mixed Use RUT (Residential- Ada Proposed Lofts at Eagle County designation) County River Subdivision designation) and MU (Mixed (Condominiums and Use) townhomes) 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 Chevron Pipeline Central District Health Department Page 2 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2005\A-12-05 & RZ-19-05 MODI ccf.doc Eagle Fire Department Eagle Sewer District Idaho Department of Lands Idaho Transportation Department K. LETTERS FROM THE PUBLIC: None received to date STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: · The applicant is requesting a modification to the development agreement (Instrument # 1 07128283) associated with RZ-19-05 associated with Lonesome Dove Subdivision to amend Article III, "Conditions of Development" as noted within their narrative date stamped by the City on October 10, 2008. The requested modifications are as follows: 1) provide a revised concept plan, 2) modifY setbacks, 3) reduce the width of the sidewalk adjacent to Riverside Drive from ten feet (10') in width to five feet (5') in width, 4) provide revised residential building elevation exhibits 5) allow a temporary Sales Center at the comer of Highway 44 and Edgewood, and 6) a height exception for the RBC Building to forty-two feet (42 ') in height · Condition of Development 3.4 addressing the approved setbacks for the development reads as follows: o Condition of Development 3.4: The lot numbers enumerated below are provided in reference to the lots identified on the concept plan. . Single Family Residential: Lots 1-24 Front Rear 10 feet (south 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 1 0 feet Lots 25-101 Front (Exhibits E & G) 10 feet (measured from back of sidewalk) for covered porches or less than 50% of building mass (A Lots-As shown on Exhibit G) 15 feet (measured from back of sidewalk) for building mass (B Lots-As shown on Exhibit G) Rear 12 feet (to garage) (measured from back of sidewalk or edge of alley) Page 3 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2005\A-12-05 & RZ-19-05 MODI ccf.doc Interior Side (up to two-story) 5 feet Street Side 10 feet . Multi-family Condominiums: Front 15 feet 1 0 feet 7.5 feet (2-story) /12.5 feet (3-story) 15 feet Rear Interior Side Street Side . Mixed Use /Office/ Retail Commercial Buildings Front 7.5 feet (allows canopies, awnings, etc. to encroach) 1 0 feet 7.5 feet (2-story) /12.5 feet (3-story) 7.5 feet (allows canopies, awnings, etc. to encroach) Rear Interior Side Street Side . 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/Americana" theme of the development. The applicant is requesting the following changes (shown in bold) to the setbacks and maximum lot coverage requirements (staff recommendations are shown in italic and underline): · The applicant is requesting to reduce the front, rear, and side setbacks for the "PatiolRiver Lot" homes. The front (south side) of these lots will be facing the large common lot adjacent to the Boise River, a reduced setback would probably be appropriate. The applicant's request to eliminate the 2.5 feet for multi-story structures is addressed through restricting the second story floor massing to 60%. Should the applicant's request to modifY the rear setback to twenty feet (20') (measured from back of curb) be approved the width of the area between the back of the sidewalk and the garage will be seven feet (7'). The garages on these lots are adjacent to a public road. Therefore the rear setback should remain as required with the development agreement. · Single F8:lRily Residential: Detached "PatiolRiver Lot" product Lots 2-27, Block 9 (as shown on the Overall Site Plan) Lots 1 21 Front Rear 1 0 feet (south side) 5 feet 15 feet (to garage) (measured from the back of sidewalk) 20 feet (measured from back of curb) Page 4 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2005\A-12-05 & RZ-19-05 MODI ccf.doc Interior Side 5 feet with no more than 60% of the main floor massing on the 2nd floor ,A.dditional Setback for Multi Story structures Street Side 2.5 feet ! () feet Maximum Coverage: 60% . The proposed setbacks will allow for the single-family "Carriage Lot" homes to be constructed approximately seven feet (7') in width from the back of the sidewalk. This setback will be comparable to the single-family dwelling units in Winding Creek Subdivision. The ten foot (10') wide rear setback (to garage, measured from back of sidewalk or edge of alley) allows for visual clearance when backing a vehicle from the garage. Lots 25 101 Detached "Carriage" product Lots 1-10, Block 5, Lots 1-7, 15-18, Block 6, Lots 2-8, Block 7, and Lots 8-18, Block 8 (as shown on the Overall Site Plan) Front/street side (Exhibits E & G) 10 feet (meas\:lred from bade of side\valk) for eO'/ered porches or less than 50% efb\:lilding mass (,A. Lots :\s shown on ExhiBit G) 15 f-eet (meas\:lrea from back of sidewalk) for building mass (B Lots ,A.S SftOWfl on Exhibit G) 20 feet measured from back of curb 12 feet 10 feet (to garage) (measured from back of sidewalk or edge of alley) 5 feet ! () fcet Rear Interior Side (up to two-story) Strcet Side Maximum Coverage: 60% . The proposed setbacks for the attached townhome product adjacent to a public street do not take into account that Riverside Drive is a collector. Pursuant to Eagle City Code residential developments are required to be buffered from collectors by a minimum thirty-five foot (35') wide buffer area. The applicant is proposing a setback of eighteen feet (18') from back of curb adjacent to public roads. While this may be acceptable for local roads it is unacceptable for a collector. It is staffs opinion that the minimum setback for dwellings adjacent to Riverside Drive should be thirty-five feet from back of curb to allow buffering to occur between the residential dwellings and Riverside Drive. . Attached Townhome product: Front and Street Side 18 feet measured from back of curb Street Side (ad;acent to Riverside Drive) 35 feet measured from back of curb Alley side (no garage) 5 feet measured from edge of alley Rear 10 feet measured from edge of alley Page 5 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2005\A-12-05 & RZ-19-05 MODI ccf.doc Side adjacent to common area 5 feet . Multi-family Condominiums: Street Side 15 feet 1 0 feet 7.5 feet (2-story) / 12.5 feet (3-story) 15 feet Front Rear Interior Side . Mixed Use /Office/ Retail Commercial Buildings Front 7.5 feet (allows canopies, awnings, etc. to encroach) 1 0 feet 7.5 feet (2-story) /12.5 feet (3-story) 7.5 feet (allows canopies, awnings, etc. to encroach) Rear Interior Side Street Side . Condition of Development 3.15 reads as follows: 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 applicationfor a final plat. Pursuant to the development agreement, the applicant was required to construct a detached ten- foot (10') wide pathway to match the existing pathway located west of the proposed Lonesome Dove Subdivision. This pathway is a portion of the regional pathway which is located adjacent to State Highway 44 to the west which then continues through the Eagle River Development to Merrill Park and fronts the Dater property west of the this project. The original plan for the pathway was to continue the pathway east on Riverside Drive from Merrill Park and, upon reaching the intersection of Riverside Drive and State Highway 44, continue to the east adjacent to the state highway. The narrative provided by the applicant date stamped by the City on October 10, 2008, indicates the applicant is proposing to reduce the pathway along Riverside Drive to five- feet (5') in width instead of the required ten-feet (10') due to the connectivity which is provided through the subdivision to the ten-foot (10') wide path installed on the Ballantyne irrigation ditch levy (green belt). The Parks and Pathway Development Committee and the Design Review Board reviewed the pathway plan for Lonesome Dove Subdivision. The pathway design recommended to the Council by both bodies showed a ten-foot (10') wide pathway (as required pursuant to the development agreement) to be consistent with the existing pathway adjacent to the Dater property to the west on the south side of Riverside Drive. It should be noted that a five-foot (5') wide detached sidewalk has already been constructed in place of the ten-foot (10') wide detached pathway contrary to the approved design review application and executed development agreement. It is staffs opinion that the ten-foot (10') wide pathway be constructed as recommended by the Parks and Pathway Development Committee and approved by the Design Review Board. Staffwill defer to the Council the final action to allow the already constructed five-foot wide detached sidewalk to remain in place of the required ten-foot (10') wide pathway. Page 6 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2005\A-12-05 & RZ-19-05 MODI ccf.doc · The applicant is also requesting approval to locate a temporary sales office at the comer of Highway 44 and Edgewood. A portable temporary sales office should only be allowed for one (1) year or upon completion of a model home or the clubhouse at which time a temporary sales office may be relocated to that location. The applicant should submit a Design Review application for landscape and signage to be reviewed and approved by staff prior to the issuance of a zoning certificate. The landscaping and signage should be installed for the portable temporary sales office prior to the issuance of a certificate of occupancy. · During the annexation and rezone hearing process for the development (A-12-05/RZ-19-05) the proposed height of the commercial buildings was unknown since no building elevations were submitted with the application and there was a possibility that residential units may be located on a third floor above the retail/office buildings. Condition of Development #3.3, which addresses the residential units requires that a separate application be submitted for a conditional use permit for a height exception. The proposed commercial building is two (2) stories tall and the applicant is requesting a height exception of forty-two feet (42') to accommodate the architectural design of the comer of the RBC commercial building located at the northwest comer of Riverside Drive and Edgewood Way. In order to accommodate the architecture which has been approved and provide variation in design staff would consider forty-two feet (42 ') appropriate. · The executed development agreement (Instrument #107128283) contains exhibits related to alternating front setbacks for the single-family dwellings, commercial building elevations, and residential building elevations for the single-family dwellings. The applicant has provided revised exhibits showing the building elevations for the single-family dwellings and residential setback exhibits. The applicant should also provide revised a revised exhibit showing the recently approved commercial building elevations. 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: 3.4 The Setbacks shall be as follows: The lot numbers enumerated below are provided in reference to the lots identified on the overall site plan · Detached "PatiolRiver Lot" product Lots 2-27, Block 9 Front 5 feet (south side) Rear 15 feet (to garage) (measured from the back of sidewalk) Interior Side 5 feet with no more than 60% of the main floor massing on the Maximum Coverage: 60% · Detached "Carriage" product Lots 1-10, Block 5, Lots 1-7, 15-18, Block 6, Lots 2-8, Block 7, and Lots 8-18, Block 8 Front/Street Side (Exhibits E & G) 20 feet measured from back of curb Rear 10 feet (to garage) (measured from back of sidewalk or edge of alley) 5 feet 1 0 feet Interior Side (up to two-story) Street Side Page 7 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2005\A-12-05 & RZ-19-05 MODI ccf.doc Maximum Coverage: 60% . Attached Townhome product: Front and Street Side 18 feet measured from back of curb Street Side (adjacent to Riverside Drive) 35 feet Alley side (no garage) 5 feet measured from edge of alley Rear 10 feet measured from edge of alley Side adjacent to common area 5 feet . Multi-family Condominiums: Street Side 1 5 feet 1 0 feet 5 feet (2-story) /12.5 feet (3-story) 15 feet Front Rear Interior Side . Mixed Use /Office/ Retail Commercial Buildings Front 7.5 feet (allows canopies, awnings, etc. to encroach) 1 0 feet 7.5 feet (2-story) /12.5 feet (3-story) Rear Interior Side Street Side 7.5 feet (allows canopies, awnings, etc. to encroach) The applicant shall provide a revised Exhibits "D" ("PatiolRiver Lot" residential building elevations), "E" ("Carriage Lot" residential building elevations), "G" (setbacks), "J4-5" (commercial building elevations), to be attached to the development agreement and the following Conditions of Development be added to the development agreement: 3.31 The building height of the RBC Building located at the northwest comer of Riverside Drive and Edgewood Lane shall not exceed forty-two feet (42 ') measured from adjacent grade (Exhibit "K"). 3.32 A portable temporary sales office shall be allowed for one (1) year or upon completion of a model home (or the clubhouse) at which time a temporary sales office shall be relocated to that location(s). The applicant shall submit a Design Review application showing landscape and signage to be reviewed and approved by staff prior to the issuance of a zoning certificate. The landscaping and signage shall be installed for the temporary sales office prior to the issuance of a certificate of occupancy. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on October 28, 2008, 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). Page 8 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2005\A-12-05 & RZ-19-05 MOD 1 ccf.doc C. Oral testimony in opposition to this proposal was presented to the City Council by no one. D. Oral testimony neither in favor nor in opposition to this proposal was presented to the City Council by one (1) individual who supported the staff recommended setbacks and the continuation of the ten foot (10') wide pathway adjacent to E. Riverside Drive. COUNCIL DECISION: The Council voted 4 to 0) to approve RZ-19-05 MOD 1 for a modification to the Conditions of Development and associated exhibits within the development agreement (Instrument # 1 07128283) for Lonesome Dove, LLC, with strike through text to be deleted by the Council from the previously approved development agreement and underline text to be added by the Council to the previously approved development agreement: 3.4 The Setbacks shall be as follows: The lot numbers enumerated below are provided in reference to the lots identified on the overall site plan. Single Family Residential: Detached "PatiolRiver Lot" product Lots 2-27, Block 9 Lots 1 21 Front Rear 10 feet (south side) 5 feet 15 feet (to garage) (measured from the back of sidewalk) 5 feet with no more than 60% of the main floor massing on the 2nd floor. Interior Side ,A.dditioRal Setback for Multi Story struetmes Street Side 2.5 feet 1 0 f-eet Maximum Coverage: 60% Lots 25 101 Detached "Carriage" product Lots 1-10. Block 5. Lots 1-7. 15-18. Block 6. Lots 2- 8. Block 7. and Lots 8-18. Block 8 Front/street side (Exhibits E & G) 10 feet (measured from back of sidewalk) f-or co';ered porches or less than 50% of building mass U\ Lots ,A.S sRovm on Exhibit G) 15 feet (measured from baek of sidewalk) for building mass (B Lots l\S shown on Exhibit G) 20 feet measured from back of curb ~ 10 feet (to garage) (measured from back of sidewalk or edge of alley) 5 feet 1 0 feet Rear Interior Side (up to two-story) Street Side Maximum Coverage: 60% Page 9 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2005\A-12-05 & RZ-19-05 MODI ccf.doc . Attached Townhome product: Front and Street Side 18 feet (measured from back of curb) Street Side (adiacent to Riverside Drive) 35 feet (measured from back of curb) Street Side (north side ofE. Lone River Drive) 5 feet (measure from back of curb) Sidewalk shall be located on the south side ofE. Lone River Drive Alley side (no garage) Rear Side adiacent to common area . Multi-family Condominiums: 5 feet (measured from edge of alley) 10 feet (measured from edge of alley) 5 feet Front 15 feet 1 0 feet 7.5 feet (2-story) /12.5 feet (3-story) 15 feet Rear Interior Side Street Side . Mixed Use /Office/ Retail Commercial Buildings Front 7.5 feet (allows canopies, awnings, etc. to encroach) 1 0 feet 7.5 feet (2-story) /12.5 feet (3-story) (allows canopies, awnings, etc. to encroach) Rear Interior Side Street Side 7.5 feet 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. 3.31 The building height of the RBC Building located at the northwest comer of Riverside Drive and Edgewood Lane shall not exceed forty-two feet (42') measured from adiacent grade (Exhibit "K"). 3.32 A portable temporary sales office shall be allowed for one (1) year or upon completion of a model home (or the clubhouse) at which time a temporary sales office shall be relocated to that location(s). The applicant shall submit a Design Review application showing landscape and signage to be reviewed and approved by staff prior to the issuance of a zoning certificate. The landscaping and signage shall be installed for the temporary sales office prior to the issuance of a certificate of occupancy. Page 10 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2005\A-12-05 & RZ-19-05 MODI ccf.doc CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on June 4, 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 October 13, 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 October 10, 2008. The site was posted in accordance with the Eagle City Code on October 17, 2008. 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 February 13,2007, 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 of this 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; 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 ofECC, Title 10, Flood Control. g. No non-conforming uses will be created by this rezone. Page 11 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2005\A-12-05 & RZ-19-05 MODI ccf.doc DATED this 12th day of November 2008. CITY COUNCIL OF THE CITY OF EAGLE ,r"~"'""'-"""-'--~". Ada Cou Idaho ""II"..", ", I,. ......... ^ <{ 0 F E"" Q #### .... " '" .C'..... .J / ... .. (;'" ..- -. '-~ .. I ... o~\'OR/j;... \ : /0 <C\~: : * . -.- : * : . . . . . . . . ~ \~ SEALq~" : 1llP, .('10 '..0 ~ '\. :)l "':l'ou1t.~.. ~'\.": i iI'#. -1 ~ ....... t-"'Y!It... iI'#### 1: OF \\l .......... ",,,....,,,,,,, ATTEST: ~~, K~ '-Sharon . Bergmann, Eagle Ci Clerk Page 12 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2005\A-12-05 & RZ-19-05 MODI ccf.doc