Findings - CC - 2009 - PP-00-07MOD - Stillwater Business Park Subdivision/18 Lot/24.06 Acre/2505 W State St.
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE )
PRELIMINARY PLAT FOR STILLWATER )
BUSINESS PARK SUBDIVISION FOR TRI )
CEDARS MANAGEMENT COMPANY,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-ll-07 MOD
The above-entitled preliminary plat modification application came before the Eagle City Council for their
decision on September 22, 2009. 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:
Tri Cedars Management Company, LLC, represented by Ron Bath with Salmon Point
Development, is requesting modifications to the preliminary plat associated with Stillwater
Business Park Subdivision an 18-10t (12-buildable, 5-common and I-private drive) commercial
development. The 24.06-acre site is located approximately 1,300 feet west ofW. Ballantyne Road
on the south side of West State Street (SH 44) at 2505 West State Street (SH 44).
B. APPLICATION SUBMITTAL:
The rezone modification request was received by the City of Eagle on August 26,2009.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this application for the Eagle City Council was published in the Idaho
Statesman in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on September 5, 2009. Notice of Public Hearing on this application for the Eagle City
Council was also published in the Valley Times on September 7, 2009. 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 2,2009. The site was posted in accordance with the Eagle City Code on September 9,
2009.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 26, 2008, the City Council approved a comprehensive plan map and text amendment to
change the land use designation on the Comprehensive Plan Land Use Map from Residential One
(up to one (1) unit per acre) and Residential Two (up to two (2) units per acre) to Business Park,
and to establish a new planning sub-area within the Land Use Chapter of the plan (CPA-02-08).
On February 10, 2009, the City Council approved an annexation and rezone with development
agreement and preliminary plat for Stillwater Business Park for Tri Cedars Management, LLC (A-
07-07/RZ-09-07 and PP-II-07).
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Business Park RUT (Rural Urban Agricultural, Residential,
Transitional-Ada County Sewer treatment facility
designation)
A-R (Agricultural
Residential)
PS-DA (Public/Semi-
public with a
development agreement)
Proposed No Change BP-DA (Business Park Business/Technical Park
with development
agreement)
North of site Residential Two (up A-R (Agricultural SH 44, Residential and
to one unit per acre)/ Residential) agricultural (Timberland
Mixed Use R-l (Residential, one unit Subdivision and Countryside
per acre maximum) Estates Subdivision)
South of site Residential Two (up RUT (Rural Urban AgriculturallBoise River
to two units per acre) Transitional-Ada County
designation)
East of site Residential Two (up PS-DA (Public/Semi- Central sewer facility (Eagle
to two units per acre) Public with development Sewer District)
agreement)
West of site Residential One (up Rl (Residential-Ada Residential! Agricultural
to one unit per acre) County designation)
RUT (Residential Urban
Transition-Ada County
designation)
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. SITE DATA:
Total Acreage of Site - 24.06-acres
Total Number of Lots - 18
Commercial - 12
Common - 5
Private Drive - I
Total Number of Units - 0
Total Acreage of Any Out-Parcels - 0
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H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE PRELIMINARY PLAT
MODIFICA TION:
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. AGENCY RESPONSES:
The following agencies have previously responded with the original application (A-07-07/RZ-09-
07 & PP-II-07) and their correspondence is attached to the staff report:
City Engineer: All comments within the engineer's letter are of special concern (attached to the
staff report and included herein by reference).
Ada County Highway District - General comments concerning street sections and right-o.f-way
Central District Health - Written approval from central water and sewage
Chevron Pipeline - No conflict
Department of Environmental Quality - General comments regarding air and water quality and
hazardous waste
Idaho Department of Fish and Game - Comments concerning floodplain and impacts to the
wetlands
Idaho Department of Lands - No impact
Idaho Transportation Department - Comments concerning alignment of Ballantyne Road and
preserving the 100' of right-ol-way.
K. LETTERS FROM THE PUBLIC: None received to date.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. STILL WATER BUSINESS PARK PRELIMINARY PLAT SITE SPECIFIC CONDITIONS WHICH
ARE OF SPECIAL CONCERNING REGARDING THIS PROPOSAL:
12. Submit a lot line adjustment application for the property acquired from the Eagle Sewer District.
The lot line adjustment application and revised preliminary plat shall be reviewed and approved by
staff prior to the submittal of a final plat application.
B. DISCUSSION:
· The applicant is requesting a preliminary plat modification to facilitate a grant application for the
construction of the needed infrastructure within the subdivision in an effort to keep land prices as
low as possible to stimulate and attract technology businesses (as outlined in the applicant's
narrative date stamped by the City on August 26, 2009).
· The approved preliminary plat date stamped by the City on October 28, 2008, shows sixteen (16)
lots (13 commercial, 3 common) located on 30.38-acres. The approved preliminary plat also
shows access to State Highway 44 being provided in alignment with the area where the Ballantyne
Lane realignment is proposed. The applicant is requesting that they be permitted to construct a
temporary access to State Highway 44 on the private drive lot, which is in alignment with Stilltech
Place as shown on the modified preliminary plat date stamped by the City on August 26, 2009.
The area where the original access was proposed is located on adjacent property not owned by the
applicant. The narrative provided by the applicant indicates that they had previously entered into a
purchase agreement for the adjacent property yet since that time the market value of the property
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has decreased to a point that it is no longer worth the price negotiated. At this time, the applicant is
not seeking to purchase the adjacent property and instead is proposing to utilize the temporary
access until the Ballantyne Lane realignment is constructed. Pursuant to the Development
Agreement approved for this site (RZ-09-07), upon completion of the Ballantyne Lane the
applicant will be required to eliminate the temporary access and construct roadway improvements
in alignment with the new Ballantyne Lane/State Highway 44 intersection.
· The applicant has provided a modified preliminary plat date stamped by the City on August 26,
2009, which shows eighteen (18) lots (12 buildable, 5 common, and 1 private drive) located on
24.06-acres (the approved preliminary plat shows thirteen (13) buildable lots). The increase in the
number of lots is attributed to the creation of a private drive lot and an additional open space lot.
Since there is a decrease in the number of buildable lots this change is not considered substantial
and meets the original intent of the approved plat.
· Pursuant to Site Specific Condition No. 12 of the preliminary plat approval for Stillwater Business
Park Subdivision, the applicant is required to submit a Lot Line Adjustment application for the
property acquired from the Eagle Sewer District. Since it is unknown when and if the applicant
will be acquiring the adjacent property from the District, the Site Specific Condition should be
amended to state that if the adjacent property is acquired, a Lot Line Adjustment application is
required to be submitted and approved prior to submitting a final plat application for that phase of
the development.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Staff recommends approval of the preliminary plat modification with Site Specific Condition of Approval
No. 12 to be amended and Site Specific Conditions of Approval are added to read as follows:
12. If the applicant acquires a portion of the adjacent property from the Eagle Sewer District for a
future phase of the development, the applicant shall submit a lot line adjustment application to be
reviewed and approved by staff prior to submittal of a final plat application for that phase of the
subdivision.
27. The applicant shall submit a new preliminary plat application for any future phases proposed
beyond those shown on the Stillwater Business Park preliminary plat date stamped by the City on
August 26, 2009.
28. The applicant shall eliminate the temporary access (to be located on Lot 4, Block 1, of the
preliminary plat date stamped by the City on August 26, 2009, pursuant to the conditions of the
development agreement approved for this site (RZ-09-07).
PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council on September 22, 2009, at
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
(other than the applicant/representative) who indicated the development of this site will aIlow for
the creation of additional jobs and business opportunities within the city which will have a
stimulating economic effect on the community. One (1) letter was read into the record which
indicated that the development will allow for new industry and job creation within the community.
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
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COUNCIL DECISION:
The Council voted 2 to 1 (Shoustarian against, Semanko absent) to approve PP-II-07 MOD for a
preliminary plat modification for StiIlwater Business Park for Tri Cedars Management, LLC, with
the staff recommended modified site specific conditions of approval:
12. If the applicant acquires a portion of the adjacent property from the Eagle Sewer District for a
future phase of the development, the applicant shall submit a lot line adjustment application to
be reviewed and approved by staff prior to submittal of a final plat application for that phase
of the subdivision.
27. The applicant shaH submit a new preliminary plat application for any future phases proposed
beyond those shown on the Stillwater Business Park preliminary plat date stamped by the City
on August 26,2009.
28. The applicant shalI eliminate the temporary access (to be located on Lot 4, Block 1, of the
preliminary plat date stamped by the City on August 26, 2009, pursuant to the conditions of
the development agreement approved for this site (RZ-09-07).
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 26,2009.
2. Notice of Public Hearing on this application for the Eagle City Council was published in the Idaho
Statesman in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on September 5, 2009. Notice of Public Hearing on this application for the Eagle City Council
was also published in the Valley Times on September 7, 2009. 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 2,2009.
The site was posted in accordance with the Eagle City Code on September 9,2009.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat
modification (PP-II-07 MOD) and based upon the information provided concludes that the proposed
preliminary plat application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the residential land use designation of this area shown within the
Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police
and fire protection, schools, drainage structures, refuse disposal, water served by individual
wells, and sewer by the utilization of septic systems; or that the persons or agencies
responsible for the establishment of the proposed use shall be able to provide adequately any
such services, as noted in the documentation provided from said agencies and as required as a
part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire
District, Eagle Sewer District, and United Water Company as conditioned herein, there is
adequate public financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission and
Council's attention have been adequately addressed by the applicant or will be conditions of
approval as set forth within the conditions of approval herein.
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DATED this 13th day of October 2009.
CITY COUNCIL
OF THE CITY OF EAGLE
A ,Idaho
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