Findings - CC - 2011 - RZ-08-03 MOD2 - Mod To Da To Remove The Requirement/To Connect Fisher Park Way To Flint/16.05 Acre BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE REZONE )
DEVELOPMENT AGREEMENT ASSOCIATED )
WITH ARTS WEST SUBDIVISION(AKA )
SYMPHONY SUBDIVISION)FOR EAGLE )
ISLAND CROSSING,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-08-03 MOD2
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their action on June 14, 2011. 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:
Eagle Island Crossing, LLC, represented by Scott Schneider with Gardner Ahlquist
Development, is requesting a modification to the rezone development agreements
(Instrument No. 105007541 and No. 108130290) to remove the requirement that Fisher
Park Way be connected to Flint Drive (north from State Highway 44)prior to the issuance
of a building permit for the restaurant with drive-thru. The 16.05-acre site (Arts West
Subdivision) is located on the north side of State Highway 44 approximately 1,320 feet
east of N. Park Lane.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 11, 2011.
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 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 1, 2011.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 7, 2004, the City Council approved a comprehensive plan amendment to
change the land use designation on the Comprehensive Plan Land Use Map from
Residential One (up to one dwelling unit per acre) to Mixed Use and a rezone from A-R
(Agricultural-Residential) to MU-DA (Mixed Use with development agreement) for Lots
1 and 2, Block 1, and Lots 1, 2, 4, 5, 6, 8, and 9, Block 2, of Flint Estates Subdivision
(CPA-03-03 and RZ-08-03).
On April 12, 2005, the City Council approved a preliminary plat for Symphony
Subdivision for Park Hampton, LLC(PP-07-04).
On November 13, 2007, the City Council approved a design review (DR-67-07) for the
common area landscaping and music academy building within Eagle Island Crossing
Subdivision(aka Arts West Subdivision).
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On December 18, 2007, the City Council approved a final plat for Arts West Subdivision
for Eagle Island Crossing, LLC (FP-12-07).
On October 28, 2008, the City Council approved a modification to the development
agreement associated with Arts West Subdivision(RZ-08-03 MOD).
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use, Transitional MU-DA (Mixed Use with a Mixed use development
Residential, and Scenic development agreement) including commercial,
Corridor overlay retail, multi-family
residential, and a private
school
Proposed No Change No Change Allow a restaurant with
drive-thru
North of site Transitional Residential A-R(Agricultural- Single-family residential
Residential)and R-3-DA (Flint Estates Subdivision)
(Residential-up to three
dwelling units per acre with a
development agreement)
South of site Mixed Use,Public/Semi- PS (Public/Semi-Public)and State Highway 44 and the
Public, and Residential RUT(Residential—Ada proposed entrance to Eagle
One County designation) Island State Park
East of site Residential One and R-1 (Residential-up to one Residential subdivision
Transitional Residential unit per acre) and R-3-DA (The Colony Subdivision)
(Residential-up to three and Lot 7, Block 2, Flint
dwelling units per acre with a Estates Sub Amd
development agreement)
West of site Mixed Use MU-DA(Mixed Use with a Flint Estates Subdivision
development agreement) and Amd and proposed
A-R(Agricultural- Millpark Village
Residential) Subdivision
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: 16.05-acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter date stamped by the City on May 11, 2011, attached to
the staff report and incorporated herein by reference.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
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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 2, 2011, and incorporated
herein by reference:
Chevron Pipe Line—Indicated no conflict with the pipe line
Eagle Fire Department—Indicated no specific concerns regarding this application.
Eagle Sewer District—Indicated that construction plans would need to be submitted to the
District for assessment of sewer capacity fees and monthly user charges.
Idaho Transportation Department—Indicated they do not have any comment
L. LETTERS FROM THE PUBLIC:
Drew and Theresa Deichmann submitted correspondence date stamped by the City on
June 13, 2011, that indicated they are opposed to removing the requirement of Fisher Park
Way providing connectivity between State Highway 44 and Flint Drive prior to the
construction of a restaurant with drive through. They also indicated that they believe if the
request is approved it would create a dangerous situation due to traffic coming from the
high school to utilize the drive through restaurant.
Jeff Baker, Executive Director, with Arts West School for the Performing and Visual Arts,
submitted correspondence date stamped by the City on June 14, 2011, which indicated he
supports a modification to the development agreement to allow for continuing
development of the area. Mr. Baker also indicated that they have implemented a traffic
mitigation plan to address traffic cutting through the parking lot during school hours.
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.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
6.8 Land Use Sub Areas
6.8.2 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community
commercial, professional office, and a variety of residential densities. The vision for the
area is to recognize the activity center created by Eagle High School and existing
development approved by Ada County and to provide compatible land uses at densities
that accommodate pedestrian scale design and future mass transit.
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a. Use
The land use and development policies specific to the Park Lane Planning Area
include the following:
3. Flint Drive shall be preserved primarily as a residential street while properties
abutting State Street should include a mix of residential uses, limited retail and
office uses that promote trip capturing. The properties abutting State Street shall
be reviewed and conditioned by the City through the use of a development
agreement at the time of rezone.
b. Design
2. Flint Estates Area:
a. The Flint Estates area adjacent to State Highway 44 should be designed to
provide commercial uses that encourage pedestrian circulation from the
residential and high school areas, and to complement the existing mixed
use areas at State Street and Park Lane (Camille Beckman) and planned
new residential uses adjacent to the north.
d. Activity and building orientation should focus on internal circulation
roads rather than the regional transportation network. Flint Drive is to
remain primarily a residential roadway.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:None
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2.7 In accordance with ECC Section 8-2-1,this development agreement is considered in-lieu of
the PUD(except as conditioned in 2.12 below). Except for the limitations and allowances
expressly set forth above and the other terms of this Agreement,the uses which are shown as
permitted(P) or conditional(C)uses under the Mixed Use zoning designation within Eagle
City Code Section 8-2-3 "Official Schedule of District Regulations"shall be considered
permitted uses on Lots 5 and 8, Block 2, except that the following uses shall be prohibited:
Mobile home(single unit primary residence)
Mobile home(single unit temporary living quarters)
Mobile home park
Animal shows or sales
Automotive washing facility
Bar
Cabinet shop
Cemetery
Circuses and carnivals
Christmas tree sales
Commercial entertainment facilities(indoors)—Note: see item 2.8 below
Commercial entertainment facilities(outdoors) —Note: see item 2.8 below
Drive-in theater
Electronic sales, service,or repair shop
Equipment rental and sales yard
Farmer's markets(outdoor)
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Hardware store
Horticulture(general)
Hospital
Hotel
Industry
Kennel
Laboratories
Laundromat
Laundry(with drive up service)
Live entertainment events—Note: see item 2.8 below
Massage Spa
Mobile office
Mortuary
Motel
Parking lot, parking garage commercial
Personal wireless facilities(height-over 35 feet)
Research Activities
Retail sales(general)
Riding academies/stables
Roadside stand(temporary structure)
Sign shop, including painting
Small engine repair(mower, chainsaws, etc)
Storage(enclosed building)
Storage(fenced area)
Street fair
Trade fair
Travel services
Upholstery shop
Woodworking shop
The restaurant with drive-thru (limited to one of the following: coffee, yogurt/ice cream, or
deli sandwich shop), shown on the Eagle Island Crossing Site Plan (Exhibit "D") as Building
"L", which is a prohibited use within said section of Eagle City Code and on the entire
Property as noted above, shall be permitted with this development agreement. Fisher Park Way
shall be connected to Flint Drive from State Highway 44 prior to the issuance of a building
permit for the restaurant with drive-thru.
D. DISCUSSION:
• The applicant is requesting a modification to Condition of Development No. 2.7 of the
development agreement(Instrument No. 108130290) for RZ-08-03 MOD associated with Arts
West Subdivision (aka Symphony Subdivision). Condition of Development No. 2.7 allows for
one drive-thru restaurant limited to the operation of a coffee, ice cream/yogurt, baked goods,
or deli sandwich shop upon the completion of Fisher Park Way (to provide connectivity
between State Highway 44 and Flint Drive). The concept plan within the executed
development agreement shows the proposed restaurant with drive-thru as building "L". The
restriction regarding timing of the issuance of a building permit was included in the Condition
of Development due to the possible traffic impacts on the adjacent properties by vehicles
coming from Eagle High School.
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• The narrative provided by the applicant, date stamped by the City on May 11, 2011, indicates
that the landowner in possession of the adjacent property to the east (proposed Symphony
Square Subdivision) does not plan to complete the proposed subdivision. The remaining
portion of Fisher Park Way that provides connectivity from State Highway 44 to Flint Drive
would have been completed with the construction of Symphony Square Subdivision.
Symphony Square Subdivision was approved by the City Council on April 10, 2007. The
owner of the property associated with Symphony Square Subdivision received two subsequent
preliminary plat extension of time approvals, the last of which expired on April 10, 2011.
Since the preliminary plat approval associated with Symphony Square Subdivision has expired
it is unknown when the remaining section of Fisher Park Way will be completed. The
applicant states within the narrative that the growth of the project (Arts West Subdivision)
faces a major hurdle to attract tenants due to the lack of the Fisher Park Way future
connection. Although Fisher Park Way is not completed from State Highway 44 to Flint
Drive to date, the applicant is requesting the development agreement modification to allow the
ability to move forward with the development of the restaurant with drive-thru at the location
labeled building"L"on the site plan prior to the completion of Fisher Park Way.
• The narrative provided by the applicant, date stamped by the City on May 11, 2011, indicates
that the tenants in buildings M, I, and N (as shown on the provided site plan, date stamped by
the City on May 11, 2011) are currently placing orange cones (during higher traffic volume
lunch hours from Eagle High School) at the entrances to the parking lot to identify and
separate walkways and automobile traffic areas. The applicant has also indicated that no
adverse impacts on surrounding development will result from this request due to the limited
nature of the proposed modification.
It should be noted that during the design review process the building and site design will be
reviewed by the Design Review Board pursuant to all of the requirements of Eagle City Code
and the executed development agreements prior to the issuance of a zoning certificate.
• The applicant is requesting Condition of Development No. 2.7 to read as follows with text
shown with strike through to be deleted:
2.7 In accordance with ECC Section 8-2-1,this development agreement is considered in-lieu
of the PUD (except as conditioned in 2.12 below). Except for the limitations and allowances
expressly set forth above and the other terms of this Agreement, the uses which are shown as
permitted (P) or conditional (C) uses under the Mixed Use zoning designation within Eagle
City Code Section 8-2-3 "Official Schedule of District Regulations" shall be considered
permitted uses on Lots 5 and 8, Block 2, except that the following uses shall be prohibited:
Mobile home (single unit primary residence)
Mobile home (single unit temporary living quarters)
Mobile home park
Animal shows or sales
Automotive washing facility
Bar
Cabinet shop
Cemetery
Circuses and carnivals
Christmas tree sales
Commercial entertainment facilities(indoors)—Note: see item 2.8 below
Commercial entertainment facilities(outdoors) —Note: see item 2.8 below
Drive-in theater
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Electronic sales, service,or repair shop
Equipment rental and sales yard
Farmer's markets (outdoor)
Hardware store
Horticulture (general)
Hospital
Hotel
Industry
Kennel
Laboratories
Laundromat
Laundry(with drive up service)
Live entertainment events—Note: see item 2.8 below
Massage Spa
Mobile office
Mortuary
Motel
Parking lot,parking garage commercial
Personal wireless facilities(height-over 35 feet)
Research Activities
Retail sales(general)
Riding academies/stables
Roadside stand(temporary structure)
Sign shop, including painting
Small engine repair(mower, chainsaws, etc)
Storage (enclosed building)
Storage(fenced area)
Street fair
Trade fair
Travel services
Upholstery shop
Woodworking shop
The restaurant with drive-thru (limited to one of the following: coffee, yogurt/ice cream, or
deli sandwich shop), shown on the Eagle Island Crossing Site Plan (Exhibit "D") as Building
"L", which is a prohibited use within said section of Eagle City Code and on the entire
Property as noted above, shall be permitted with this development agreement. Fisher Park Way
• -- --- - - - - ` - • --- State Highway 44-prior to the issuance of a building
PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council June 14, 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.
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COUNCIL DECISION:
The Council voted 3 to 0 (Huffaker absent)to approve RZ-08-03 MOD2 for a modification to Condition of
Development No. 2.7 within the modified development agreement (Instrument #108130290) associated
with the site for Eagle Island Crossing for Eagle Island Crossing, LLC, with strike through text to be
deleted by the Council:
2.7 In accordance with ECC Section 8-2-1, this development agreement is considered in-lieu
of the PUD (except as conditioned in 2.12 below). Except for the limitations and allowances
expressly set forth above and the other terms of this Agreement, the uses which are shown as
permitted (P) or conditional (C) uses under the Mixed Use zoning designation within Eagle
City Code Section 8-2-3 "Official Schedule of District Regulations" shall be considered
permitted uses on Lots 5 and 8, Block 2, except that the following uses shall be prohibited:
Mobile home (single unit primary residence)
Mobile home(single unit temporary living quarters)
Mobile home park
Animal shows or sales
Automotive washing facility
Bar
Cabinet shop
Cemetery
Circuses and carnivals
Christmas tree sales
Commercial entertainment facilities (indoors)—Note: see item 2.8 below
Commercial entertainment facilities (outdoors)—Note: see item 2.8 below
Drive-in theater
Electronic sales, service,or repair shop
Equipment rental and sales yard
Farmer's markets (outdoor)
Hardware store
Horticulture (general)
Hospital
Hotel
Industry
Kennel
Laboratories
Laundromat
Laundry(with drive up service)
Live entertainment events—Note: see item 2.8 below
Massage Spa
Mobile office
Mortuary
Motel
Parking lot, parking garage commercial
Personal wireless facilities (height-over 35 feet)
Research Activities
Retail sales (general)
Riding academies/stables
Roadside stand(temporary structure)
Sign shop, including painting
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Small engine repair(mower, chainsaws, etc)
Storage (enclosed building)
Storage (fenced area)
Street fair
Trade fair
Travel services
Upholstery shop
Woodworking shop
The restaurant with drive-thru (limited to one of the following: coffee, yogurt/ice cream, or
deli sandwich shop), shown on the Eagle Island Crossing Site Plan (Exhibit "D") as Building
"L", which is a prohibited use within said section of Eagle City Code and on the entire
Property as noted above, shall be permitted with this development agreement. Fisher Park Way
•. . . - - - • - - • - _ ' _ _ . A A . . . •- . _ . . ..•
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 11, 2011.
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 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 1,
2011.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
08-03 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 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 Development Agreement) is compatible with the R-1
zone (Residential-one dwelling unit per acre) and R-3-DA (Residential-three dwelling units
per acre with a development agreement) to the east since any commercial development of the
site will be required to be designed, pursuant to Eagle City Code and as conditioned in the
development agreement, with adequate buffers between any proposed commercial
developments and the existing or proposed residential uses. Also the preliminary plat has
expired for the proposed Symphony Square Subdivision and it is unknown when Fisher Park
Way will be completed to provide connectivity between State Highway 44 and Flint Drive;
and
d. The MU-DA (Mixed Use with a development agreement) zone is compatible with the MU-DA
(Mixed Use with a development agreement) zone and A-R(Agricultural-Residential)zone and
land use to the west since a commercial/residential development (Millpark Village
Subdivision) use similar to this site is proposed adjacent to the southern portion of the western
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boundary of the property and the area adjacent to the northern portion of the western boundary
may be developed with a residential use similar to what is currently being developed within
this site; and
e. The MU-DA (Mixed Use with a development agreement)zone is compatible with the R-3-DA
(Residential-three dwelling units per acre with a development agreement) zone and A-R
(Agricultural-Residential) zone land uses to the north since any commercial development of
the site will be required to be designed, pursuant to Eagle City Code and as conditioned in the
development agreement, with adequate buffers between any proposed commercial
developments and the existing or proposed residential uses adjacent to the property currently
zoned R-3-DA (Residential-three dwelling units per acre with a development agreement)
zoned area and the remaining area may be developed with a residential subdivision and those
developments will be required to provide a buffer area adjacent to Flint Drive; and
f. The proposed MU-DA (Mixed Use with Development Agreement) is compatible with State
Highway 44 and the MU-DA (Mixed Use with development agreement) and PS
(Public/Semipublic) zones to the south since this site will be designed to have shared access
among the uses, and will be limited to one (1) access point (in alignment with a future Eagle
Island State Park entrance) onto State Highway 44 to mitigate potential conflict due to
multiple access points in close proximity to one another. The development of the site is
conditioned through a development agreement which places limitations on the type of uses on
the property and requires architectural features that may be considered compatible with the
Camille Beckman facility on the south side of State Highway 44; and
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone and development
agreement modification.
DATED this 28th day of June 2011.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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James D. Reynolds, Mayor A/ 5/1 as k.+af -y ▪ Co,?A•'
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Sharon K. Bergmann, Eagle City Cler '••,,`�HO
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