Findings - CC - 2008 - RZ-24-06 MOD2 - Mod To Da Inst#10855908/Mu-Da Zoning Classification/Eagle Gateway S. Subd
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 MOD2
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their decision on September 23, 2008. The Council continued the item to October 7,
2008, at which time public testimony was taken and the public hearing was closed. 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, is requesting modifications to the development
agreement (Instrument #108055908) associated with the MU-DA (Mixed Use with
development agreement) zoning classification for Eagle Gateway South Subdivision. The
56.86-acre site is located on the southeast comer of State Highway 44 and E. Riverside
Drive at 1650 E. Riverside Drive.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 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 September 8, 2008 and September 15, 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 September 5, 2008 and September 19, 2008. The site was posted in accordance
with the Eagle City Code on September 26, 2008.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 22, 2007, the City Council approved an annexation and rezone from RUT (Rural
Urban Transition - Ada County designation) and MU (Mixed Use) to MU-DA (Mixed
Use with Development Agreement) for Cornerstone Group, LLC. (A-18-06/RZ-24-06)
On July 24, 2007, the City Council approved a preliminary plat for Eagle Gateway South
Subdivision for Cornerstone Group, LLC. (PP-21-06)
On October 16, 2007, the City Council approved a design review for the common area
landscaping for Eagle Gateway South Subdivision for Cornerstone Group, LLC. (DR-33-
07)
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On June 10, 2008, the City Council approved RZ-24-06 MOD for a modification to the
development agreement 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 associated with Eagle Gateway
Subdivision for Eagle Gateway South, LLC.
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 Address the height and
signage of the proposed
movie theater and provide a
revised concept plan
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 - 22.17 +/-
Total Number of Lots - 98
Residential - 114
Commercial - 16
Industrial- 0
Common - 6
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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 - 176,500 square feet (approximately)
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.
1. 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
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the MU
(Mixed Use) zone:
Zoning Maximum Front Rear Interior Street Maximum Minimum
District Height Side Side Lot Lot Area
Covered (Acres Or
Sq. Ft.) G
And H*
IMU 1135' 1~~17.5' 1~150% 117,000
Minimum
Lot
Width 1*
1150'
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. Eagle City Code Section 8-2A-8 Sign Regulations:
(B) Definitions: If conflict arises between any definition in this section and any other definition
within this title, the definition with the more specific and/or more restrictive definition shall
control. Any other words or phrases not specifically defined shall be interpreted to give this article
its most reasonable application.
Animated Sign: Any sign which is designed and constructed to give its message through a
sequence or progressive changes or parts or lights or degree of lighting.
Reader Board: A sign or part of a sign on which the letters are readily replaceable such that
the copy can be changed from time to time.
(I) Prohibited Signs: The following types and styles of signs shall be prohibited within the entire
design review overlay district. Prohibited signs are subject to removal by the city at the owner's or
user's expense.
1. Moving, revolving, intermittent, oscillating, animated, or flashing signs.
5. Permanent reader board signs in excess of twenty (20) square feet are prohibited
and all temporary reader board signs are prohibited.
DISCUSSION:
. The applicant is requesting modifications to the development agreement (Instrument # 1 08055908)
associated with RZ-24-06 for the Eagle Gateway South Subdivision to amend Article III,
"Conditions on Development" as noted within their narrative date stamped by the City on
September 4,2008. The requested modifications are as follows: 1) height exception for the movie
theater of thirty-nine feet (39') for the overall building and fifty-eight feet (58') for the marquee at
the entry, 2) an exhibit showing the proposed signage plan for the movie theater (includes a reader
board which exceeds the maximum size permitted pursuant to Eagle City Code) and 3) a revised
concept plan.
. During the Eagle Gateway South (A-18-06/RZ-24-06 and PP-21-06) hearing process the proposed
height of the condominiums was unknown since no building elevations were submitted with the
application. Condition of Development #3.3 that addresses the residential units requires that a
separate application be submitted for a conditional use permit for a height exception. The applicant
is requesting a height exception to accommodate stadium seating within the building auditoriums,
which allows for movie attendees greater visibility. A second reason for the height exception
request is the presence of high groundwater on site therefore construction of a portion of the
theater below grade is cost prohibitive. Within the narrative provided by the applicant they are
requesting a thirty-nine foot (39') high height exception for the overall building. The applicant is
also proposing a fifty-eight foot (58') high decorative sign marquee and is requesting a height
exception to allow for this design element.
. The applicant is requesting a digital marquee sign between 160 - 200 square feet in size to be
located above the main entrance of the theater. Pursuant to Eagle City Code reader board signage
in excess of twenty (20) square feet are prohibited. The justification provided by the applicant
indicates the reader board is needed to display the movies and start times. The applicant is
requesting a digital reader board versus a manual reader board due to labor costs, safety issues, and
general appearance. The applicant indicated the digital reader board will have a black background
with one color of letters and the letters will not have motion. The only thing to be shown on the
reader board will be movie names and start times.
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. The applicant submitted a revised concept plan date stamped by the City on September 4, 2008,
showing the proposed locations of the commercial buildings, theater, and hotel site, within the
Eagle Gateway South Subdivision. At 73,500 square feet the newly proposed theater is 45,500
square feet larger than the theater shown on the original concept plan. The parking analysis
provided by the applicant indicates an increase in retail/restaurant space of 14,000 square feet and
a reduction of office space of 81,500 square feet from the original approved concept plan. The
aforementioned calculations do not include the hotel since the size of the hotel is unknown at this
time. The parking analysis provided by the applicant for the River District (inclusive of the Eagle
Gateway South and Lonesome Dove sites) show the hotel at one-hundred (100) rooms.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Staff recommends approval of the following modifications to the development agreement with one
(1) revised Exhibit "B", and two (2) new exhibits (Exhibit "x" showing height and Exhibit "y"
showing proposed signage) and two (2) new Conditions of Development to read as follows:
3.3.1 The building height of the movie theater shall be as follows (Exhibit "x"):
. Overall building height - Thirty-nine feet (39')
. Decorative parapet walls - Forty-six feet (46')
. Entrance parapet height - Forty-eight feet (48')
. Entryway feature height - Fifty-six feet (56')
3.31 A digital reader board not to exceed two hundred (200) square feet shall be permitted for the movie
theater in a location as shown on Exhibit ''y''. The background of the digital reader board shall be black
and the letters shall only be one (1) color and shall not have motion. The digital reader board shall only
show movie names and start times. The applicant shall submit a design review application for the
proposed signage and shall be reviewed and approved by the Design Review Board prior to the issuance
of a zoning certificate.
PUBLIC HEARING OF THE COUNCIL:
A. The application came before the City Council on September 23, 2008, the Council continued the
public hearing to October 7, 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 no one (not including
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-24-06 MOD2 for a modification to the Conditions of
Development and associated exhibits within the development agreement (Instrument #108055908)
associated with the site for Eagle Gateway Development, LLC, with the following staff
recommended text to be added to the previously approved development agreement with strike
through text to be deleted by the Council and underline text to be added by the Council:
3.3.1 The building height of the movie theater shall be as follows (Exhibit "x"):
. Overall building height - Thirty-nine feet (39')
. Decorative parapet walls - Forty-six feet (46 ')
. Entrance parapet height - Forty-eight feet (48')
. Entryway feature height - Fifty~ eight feet (56~')
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3.31 A digital reader board not to exceed two hundred (200) square feet shall be permitted for
the movie theater in a location as shown on Exhibit ''y''. The background of the digital reader
board shall be black and the letters shall only be one (I) color and shall not have motion. The
digital reader board shall only show movie names and start times. The applicant shall submit a
design review application for the proposed signage and shall be reviewed and approved by the
Design Review Board prior to the issuance of a zoning certificate.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 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 September 8,
2008 and September 15, 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 September 5, 2008 and September 19, 2008. The site
was posted in accordance with the Eagle City Code on September 26, 2008.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
24-06 MOD2) 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;
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.
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DATED this 12th day of November 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
AdaC , Idaho
Phil
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