Findings - CC - 2011 - RZ-14-06 - The Lofts At Eagle River/24.6 Acre/827 E Riverside St. BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE REZONE )
DEVELOPMENT AGREEMENT ASSOCIATED )
WITH THE LOFTS AT EAGLE RIVER )
SUBDIVISION FOR SEA 2 SEA,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-14-06 MOD
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their action on June 14, 2011, the applicant requested the public hearing be continued and
the Eagle City Council continued the public hearing to June 21, 2011, at which time public testimony was
taken. The Eagle City 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:
Sea 2 Sea, LLC,represented by Shawn Nickel, is requesting modifications to the
conditions of development to be placed into a development agreement associated with the
MU-DA(Mixed Use with a development agreement)zoning classifications for The Lofts
at Eagle River. The 24.6-acre site is located on East Riverside Drive approximately 1500
feet west of Edgewood Lane at 827 East Riverside Street.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on March 7, 2011.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on May 23, 2011. 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 19, 2011.
The site was posted in accordance with the Eagle City Code on June 3, 2011
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 16, 2007,the Eagle City Council approved applications for annexation,rezone
with a development agreement, preliminary plat, and conditional use permit for a height
exception for townhouses/condominiums, and design review for The Lofts at Eagle River
Subdivision(A-12-06/RZ-14-06, PP-15-06, CU-05-06, DR-57-06 and DR-58-06).
On December 18, 2007, the Eagle City Council approved an extension of time for the
preliminary plat for The Lofts at Eagle River Subdivision to be valid until June 18, 2009
(PP-15-06).
On March 18, 2008, the Eagle City Council approved a modification of the conditional
use permit extending the timeframe to August 13, 2009, to obtain building permits for the
townhouses/condominiums to be located at The Lofts at Eagle River Subdivision (CU-05-
06 MOD).
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On April 8, 2008, the Zoning Administrator approved an extension of time of the design
review for the common area landscaping, residential townhouses, and residential
condominiums for The Lofts at Eagle River Subdivision to be valid until August 13, 2009
(DR-57-06).
On April 14, 2009, the Eagle City Council approved an extension of time of the
preliminary plat for The Lofts at Eagle River Subdivision to be valid until June 18, 2010
(EXT-01-09).
On June 16, 2010, the Ada County Board of County Commissioners approved a
temporary permit for a summer concert series (eleven (11) concerts) to occur on the
property for Shannon Cook to be valid until October 31, 2010 (201000242-TP-A).
On September 14, 2010, The Eagle City Council approved an extension of time for the
preliminary plat for The Lofts at Eagle River Subdivision with conditions. The extension
of time is valid until June 18, 2011 (EXT-03-10).
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use RUT(Rural Urban Residential dwelling
Transitional-Ada County (proposed residential
designation) development The Lofts at
Eagle River)
Proposed No change MU-DA(Mixed Use with a Commercial Entertainment
development agreement) Facility (outdoor) and Live
Entertainment Events
(concerts)(CU-02-11)
North of site Mixed Use MU-DA (Mixed Use with a Office buildings
development agreement)
South of site Residential Two R-2 (Residential up to two Residential subdivision
(2)units per acre) (Nestled Island
Subdivision)
East of site Mixed Use MIJ-DA(Mixed Use with a Residential subdivision
development agreement) (Lonesome Dove
Subdivision)
West of site Mixed Use MIJ-DA (Mixed Use with a Merrill Park and a vacant
development agreement) lot(proposed Terrazza
development)
F. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: 24.6-acres
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H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter date stamped by the City on March 7, 2011, attached to
the staff report and incorporated herein by reference.
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 responded and their correspondence is attached to a Zoning
Administration memo to the Mayor and Council dated June 6, 2011, and incorporated
herein by reference:
Ada County Development Services — Indicated that the applicant completed the Ada
County Floodplain Development Permit in conformance with the approved permit
Chevron Pipe Line—Addressed restroom facilities and plan reviews associated with CU-
02-11
Eagle Sewer District—Indicated that the property has not been annexed into the District
L. LETTERS FROM THE PUBLIC:None
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial and residential
developments. Uses should complement uses within the Central Business District (CBD).
Development within this land use designation should be required to proceed through the PUD
and/or Development Agreement process, see specific planning area text for a complete description.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration maps along the Boise River and Dry Creek(Generally shown on the
Land Use Map which is a part of this Plan). These areas are to remain open space because of the
nature of the floodway which can pose significant hazards during a flood event. Also,the
floodway areas shall not be considered as a part of the minimum area of open space required(as
required within the zoning ordinance)unless developed as noted within this paragraph. Floodway
areas shall be excluded from being used for calculating permitted residential densities. Any portion
of the floodway developed as a substantially improved wildlife habitat area open to the public, or
useable public open space, such as a pathways,ball fields, parks, or similar amenities as may be
approved by the City Council, may be credited toward the minimum open space required for a
development.
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the Federal Emergency Management Administration maps such that
the floodway area is smaller than that shown on the Land Use Map the adjacent land use
designation shown shall be considered to abut the actual floodway boundary.
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When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the
Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-10-1 (G)Modification of Development Agreement:
A development agreement may be modified by the City Council only after complying
with the notice and public hearing provisions of section 67-6509 of the Idaho Code.
C. DISCUSSION:
• The applicant has submitted an application for a development agreement modification, which
includes a modified development agreement (draft) and a justification letter, all of which are
date stamped by the City on March 7, 2011. As noted in the provided justification letter the
applicant is requesting modifications to the conditions of development to be placed in the
development agreement associated with RZ-14-06 for The Lofts at Eagle River development.
To date, the applicant has not executed the original development agreement.
• The applicant is requesting a development agreement modification to allow for the property to
be annexed into the City of Eagle with the following changes to the conditions of development
within the original non-executed development agreement: 1) recognize the grading and
floodplain development permit issued by Ada County Development Services, 2) allow for the
existing preliminary plat approval for The Lofts at Eagle River to run concurrently with the
approval of the companion conditional use permit application (CU-02-11), and 3) add the
conditions of approval associated with the conditional use permit for the Eagle River Pavilion
(Commercial Entertainment Facility[outdoor]/Live Entertainment Events [concerts]) to the
development agreement should the companion conditional use permit application be approved.
Additional explanation of items 1, 2, and 3 (above)are provided on the next page.
1. The site lies within the Boise River floodway and floodplain as delineated on the
FEMA, Flood Insurance Rate Maps (Panel numbers 154 & 162) map revision dated
February 19, 2003. Condition of Development No. 3.19 contained within the non-
executed development agreement requires that the applicant provide an approved
Letter of Map Revision for fill within the floodplain (LOMR-F) prior to submitting an
application for final plat. Also, as part of the last preliminary plat extension of time
approval the applicant was required to provide correspondence from the Federal
Emergency Management Agency (FEMA) indicating that a complete LOMR-F
application has been filed prior to June 18, 2011. The condition stated that if a
complete LOMR-F application is not filed prior to June 18, 2011, the preliminary plat
would be null and void. To date the applicant has not provided the city with
correspondence regarding the filing of a LOMR-F application. The applicant applied
for and received approval through Ada County Development Services for a floodplain
development permit and associated grading permit to bring fill onto the site to elevate
the subject portion of the site above the base flood elevation (BFE). Upon approval of
the floodplain development permit and associated grading permit the applicant has
brought substantial fill onto the northern portion of the site. The applicant has been
working within the parameters of the permits however; it is unknown as to whether or
not the work is complete and in conformance with the approved permits. Also, the
applicant provided a narrative, date stamped by the City on June 17, 2010, with the
previous preliminary plat extension of time application for The Lofts at Eagle River
that indicated that it was the applicant's intention to complete the annexation of the
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property into the City of Eagle as soon as the grading items were completed. The
applicant should provide documentation from Ada County Development Services
confirming that work associated with the floodplain development permit and grading
permit issued by Ada County Development Services is complete and in conformance
with the approved permits. The documentation should be provided to the city prior to
the issuance of a zoning certificate.
2. On January 16, 2007, the Eagle City Council approved applications for annexation,
rezone with a development agreement, preliminary plat, conditional use permit for a
height exception for townhouses/condominiums, and design review for The Lofts at
Eagle River Subdivision (A-12-06/RZ-14-06, PP-15-06, CU-05-06, DR-57-06 and
DR-58-06). Since that time the applicant has received three (3) preliminary plat
extension of time approvals for The Lofts at Eagle River development. The applicant
has submitted a development agreement modification application and modified
development agreement (draft). Condition of Development No. 3.25 within modified
development agreement (draft) contains language to recognize the preliminary plat
approval for The Lofts at Eagle River to run concurrently with the approval period
(three years) associated with the conditional use permit approval of a Commercial
Entertainment Facility (outdoor) and Live Entertainment Events (concerts). If the
applicant is requesting a three(3)year preliminary plat extension of time for The Lofts
at Eagle River, the applicant should be required to submit the necessary
documentation to address the required findings for granting a preliminary plat
extension of time for review and approval by the City Council prior to inserting a
condition of development into the development agreement.
3. Condition of Development No. 3.24 contained within the modified development
agreement (draft) submitted by the applicant acts as a place holder to insert the
conditions of approval associated with the requested conditional use permit for the
Eagle River Pavilion into the development agreement should the conditional use
permit be approved. It should be noted that Condition of Development No. 3.1
contained within the originally approved development agreement states:
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 design review, preliminary and final plat
reviews, condominium 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.
Since the previously approved development agreement contains language regarding
conditional use permits staff recommends that the requested conditional use permit
and the conditions of approval associated with the Commercial Entertainment Facility
(outdoor) and Live Entertainment Events (concerts) for the Eagle River Pavilion stand
alone and not be incorporated into the development agreement since as stated in the
applicant's justification letter, these uses are being requested as temporary uses for a
three(3)year period.
• The modified development agreement submitted by the applicant, date stamped by the City on
March 7, 2011, also contains the following "Whereas" , reference at the beginning of the
document: "Whereas, the Owner desires a Conditional Use Permit to operate a Commercial
Entertainment Facility on the above described property to include concerts, weddings, and
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corporate events; and." The applicant has submitted a conditional use permit application to
request approval of a Commercial Entertainment Facility (outdoor) and Live Entertainment
Events (concerts). As stated previously if the requested conditional use permit is approved
conditions of approval will be placed on the conditional use permit to address any concerns
regarding the approval.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Staff recommends approval of the following modification to the development agreement with the
amended condition to read as follows:
3.19 The applicant shall provide documentation from Ada County Development Services
confirming that work associated with the floodplain development permit and grading permit
issued by Ada County Development Services is complete and in conformance with the
approved permits. The documentation shall be provided to the city prior to the issuance of a
zoning certificate.
Staff does not recommend approval of adding Condition of Development No. 3.24 to the originally
approved development agreement associated with The Lofts at Eagle River. Condition of Development
No. 3.24 would add the conditions of approval for the conditional use permit associated with the Eagle
River Pavilion to the development agreement. Staff also does not recommend adding Condition of
Development No. 3.25 to the development agreement which would recognize the approval of the
extension of time for the preliminary plat associated with The Lofts at Eagle River to run concurrently
with the approval of the Conditional Use Permit for a Commercial Entertainment Facility (outdoor)
and Live Entertainment Events (concerts)for the Eagle,River Pavilion.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council June 14, 2011, the applicant
requested the public hearing be continued and the Council continued the public hearing to June
21, 2011, 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 (not including
the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in favor nor opposed to the proposal was presented by one (1) person who
questioned approving a preliminary plat extension of time within a development agreement.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-14-06 MOD for a modification to Condition of Development No.
3.19 to be placed within a development agreement associated with the site for The Lofts at Eagle River for
Sea 2 Sea,LLC, with Condition No. 3.19 to read as follows:
3.19 The applicant shall provide documentation from Ada County Development Services confirming
that work associated with the floodplain development permit and grading permit issued by Ada
County Development Services is complete and in conformance with the approved permits. The
documentation shall be provided to the city prior to the issuance of a zoning certificate.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 7, 2011.
2. Notice of Public Hearing on the application for the City Council was published in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on May 23, 2011.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 19, 2011. The site was posted in accordance with the Eagle City Code on June 3, 2011.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification(RZ-
14-06 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 MU-DA (Mixed Use with a development agreement) zoning designation is consistent
with the Mixed Use land use designation shown on the Comprehensive Plan Land Use Map;
and
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities are in proximity to this location, and
expected to be provided to serve commercial uses on this property under the proposed zone;
and
c. The proposed MU-DA (Mixed Use with a Development Agreement) 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 will
be developed in a similar manner has this development.
d. The proposed MU-DA zone (Mixed Use with a Development Agreement) is compatible with
the R-2 zone (Residential-up to two units per acre) and land use to the south since this area is
developed into a 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; and
f No non-conforming uses are expected to be created with this rezone.
DATED this 28th day of June 2011.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho ,,,,lI„
CITg.
•
James D. Reynolds, Mayor :z • 4p : .,
ATTEST: CoU"C�� P(4"511 �, �:
•i J�.:••,�F r) 19�\ ••
• aim_ ,••� L)A
Sharon . Bergmann, Eagle City Cle
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