Findings - CC - 2013 - RZ-08-03 MOD3/RZ-04-12 MOD - Modif To Da Inst#105007541�/21.55 Acre Site/3605 W Flint Dr BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE REZONE )
DEVELOPMENT AGREEMENTS ASSOCIATED )
WITH ARTS WEST SUBDIVISION(AKA )
SYMPHONY SUBDIVISION)AND 3605 )
WEST FLINT DRIVE FOR EAGLE )
ISLAND CROSSING,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-08-03 MOD3/RZ-04-12 MOD
The above-entitled rezone with development agreement modification applications came before the Eagle
City Council for their action on May 14, 2013. 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 Craig Driver with Gardner Ahlquist
Development, is requesting modification to the rezone development agreement
(Instrument No. 105007541) associated with Art West Subdivision. The applicant is also
requesting a modification to the rezone development agreement (Instrument No.
113024774) associated with Lot 3, Block 2, of the Amended Plat of Flint Estates
Subdivision. The 21.55-acre site is generally located on the south side of West Flint Drive
approximately 870-feet east of the intersection of North Park Lane and West Flint Drive at
3605 West Flint Drive and encompasses Arts West Subdivision in its entirety.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on March 29, 2013.
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 April 29, 2013. 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 April 29, 2013.
The site was posted in accordance with the Eagle City Code on May 4, 2013.
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).
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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).
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).
On June 14, 2011,the City Council approved a second modification to the development
agreement associated with Arts West Subdivision(RZ-08-03 MOD2).
On October 23, 2012,the City Council approved a rezone from A-R(Agricultural-
Residential)to MU-DA(Mixed Use with development agreement)for the property located
at 3605 West Flint Drive.
E. COMPANION APPLICATIONS:
DR-07-13 — A design review application associated with residential condominium units
and a club house.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential MU-DA(Mixed Use with a Commercial development
development agreement) and single-family dwelling
(Flint Estates Subdivision)
Proposed No change No change No change
North of site Transitional Residential A-R(Agricultural- Flint Estates Subdivision
Residential—up to one(1)
unit per five(5)acres
South of site Mixed Use,Public/Semi- MU-DA(Mixed Use with a State Highway 44
Public,Business Park development agreement)
East of site Mixed Use and R-3-DA(Residential up to Colony Subdivision and
Transitional Residential three units per acre with a vacant lot(Flint Estates
development agreement) Subdivision)
and R-1 (Residential up to
one units per acre)
West of site Mixed Use MU-DA (Mixed Use with a Single-family dwelling and
development agreement) vacant lot(Flint Estates
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA, CEDA,or DSDA.
H. TOTAL ACREAGE OF SITE: 21.55-acres
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I. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant is requesting this development agreement modification to integrate the two
(2) separate development agreements into a single document allowing for applicant to
control the project as a whole in a more efficient and expeditious manner.
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The Eagle Sewer District currently provides service to Arts West Subdivision. The
property is located within the service area of United Water of Idaho.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
L. NON-CONFORMING USES:
There are currently no non-conforming uses located on this site.
M. AGENCY RESPONSES:
The following agencies have previously responded with the original application(CPA-03-
03/RZ-08-03 and PP-07-04)and(RZ-04-12). Their correspondence is attached to the staff
reports associated with the separate applications:
Ada County Highway District
Central District Health Department
Chevron Pipe Line Company
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Middleton Irrigation
N. LETTERS FROM THE PUBLIC:None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The Comprehensive Plan Land Use Map currently designates this site as:
Mixed Use.
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments.Uses should complement uses within Downtown Eagle.
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.
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-10 Development Agreements
Eagle City Code, Section 8-10-1 Requirements and Restrictions:
A. Purpose: Development agreements are a discretionary tool to be used by the
council as a condition of rezoning. Development agreements allow a specific
project with a specific use to be developed on property in an area that is not
appropriate for all uses allowed or conditional in the requested zone.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERNING
REGARDING THIS PROPOSAL:
Development Agreement associated with RZ-08-03 and RZ-08-03 MOD:
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
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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.
2.13 Lots 1 and 2, Block 1, and Lot 2, Block 2, shall be permitted for development of a
residential subdivision not to exceed 3-dwelling units per acre. Exhibit"A"shows the
current concept plan for the residential subdivision which includes a mix of single-
family homes, two unit town homes and three unit town homes. The residential
subdivision shall be submitted as a Planned Unit Development(PUD).
Development Agreement associated with RZ-04-12:
3.8 The setbacks for all structures shall be measured from the perimeter of the property
with West Flint Drive (north property line) being considered the street that the front
setback will be measured from.
D. DISCUSSION:
• The applicant is requesting to modify the development agreements associated with Arts
West Subdivision (Instrument No. 105007541 and subsequent modifications) and 3605
West Flint Drive (Instrument No. 113024774). The request is to combine the separate
development agreements into one development agreement through amending and restating
the separate development agreements into one(1)development agreement.
• The narrative provided by the applicant, date stamped by the City on March 29, 2013,
indicates that the applicant is requesting the development agreement modifications to
facilitate the integration of the separate properties into one development. The proposed
modification will allow the applicant to integrate the proposed assisted living facility and
retirement cottages with the existing commercial area located within Arts West
Subdivision.
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• The amended and restated development agreement provided by the applicant, date
stamped by the City on March 29, 2013, is similar to the previously executed development
agreement with the exception of Condition of Development 2.7 regarding prohibited uses
and Condition of Development 2.13 which allows for development of a residential
subdivision not to exceed three (3) units per acre on Lots 1 and 2, Block 1, and Lot 2,
Block 2. These two Conditions of Development are located within the development
agreement associated with RZ-08-03 (Instrument No. 105007941). The applicant's
proposed development agreement also does not address Condition of Development 3.8 of
the development agreement associated with RZ-04-12 (Instrument No. 113024774)
regarding setbacks for buildings to be located on the property located at 3605 West Flint
Drive.
In regard to Condition of Development 2.7 (Instrument No. 105007941), regarding the
uses to occur on the property, it should be noted that those uses that the applicant is
proposing to remove from the original agreement will become permitted uses on the site.
Staff is in agreement with the applicant's proposal with the exception of Horticulture
(General) and Roadside Stand (Temporary Structure) which staff feels should still be
included as prohibited uses.
In regard to Condition of Development 2.13 (Instrument No. 105007941), this Condition
of Development should remain in the amended and restated development agreement as
well since the applicant does not have ownership or control over the affected lots.
In regard to Condition of Development 3.8 (Instrument No. 113024774) the Condition of
Development should remain in the amended and restated development agreement to
address the building setbacks on the property located at 3605 West Flint Drive.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
modifications to amend, restate, and void the previously approved development agreements (recorded
as Instrument No. 105007541, [and subsequent modifications Instrument No. 108130290, Instrument
No. 112007678], and Instrument No. 113024774) with Conditions of Development as shown within
the staff report.
PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council May 14, 2013, 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 in opposition of this proposal was presented by one (1)
individual who had a question as to whether or not the area associated with the rezone
modification was located on the north side of Flint Drive.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-08-03 MOD3/RZ-04-12 MOD for a modification to the
development agreements associated with Arts West Subdivision (aka Symphony Square Subdivision)
and 3605 West Flint Drive by amending and restating the development agreements (recorded as
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Instrument No. 105007541, [and subsequent modifications Instrument No. 108130290, Instrument No.
112007678], and Instrument No. 113024774), staff recommended amended and restated development
agreement to read as follows with underline text to be added by the Council:
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This Amended and Restated Development Agreement (this "Development Agreement"), made
and entered into on the date as indicated herein, by and between the CITY OF EAGLE, a municipal
corporation in the State of Idaho ("Eagle") and EAGLE ISLAND CROSSING, LLC, an Idaho limited
liability company("Owner").
WHEREAS, Owner is the owner of record of certain real estate in Eagle, Idaho (the "Property")
as specifically described in the attached legal description (Exhibit "A") a portion of which has been
developed and platted as Arts West Subdivision; and
WHEREAS, Owner and its predecessors in interest have previously entered into a series of
development agreements with Eagle, consisting of the following rezoning a portion of the Property
pursuant to Rezone Application No. RZ-8-03 recorded in the real property records of Ada County, Idaho,
on January 20, 2005, as instrument number 105007541 ("2005 Development Agreement"), amended on
December 8, 2008, as instrument number 108130290 ("2008 Amended Development Agreement"), and
amended on January 26, 2012, ("2012 Amended Development Agreement"); and another rezoning a
portion of the Property pursuant to Rezone Application No. RZ-04-12 recorded in the real property records
of Ada County, Idaho on March 8, 2013, as instrument number 113024774 ("2013 Development
Agreement") relating to that real property described as Lot 3, Block 2, Amended Plat of Flint Estates;
these agreements collectively being referred to hereafter as the"Prior Agreements"; and
WHEREAS, Owner has agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to the MU Mixed Use District ("MU-DA")
zoning designation for the Property with the requirements set forth in the Prior Agreements; and
WHEREAS, Owner has to date developed the Property consistent with the provisions of the Prior
Agreements; and
WHEREAS, Owner desires to develop the Property for office, commercial, residential and open
space purposes, all as shown on the revised Concept Plan (Exhibit `B") encompassing the entirety of the
Property; and
WHEREAS, the City Council of Eagle has determined that the scope of any office, commercial
and residential project upon the Property should be limited to prevent undue damage to, and to otherwise
be in harmony with,the existing community; and
WHEREAS, the intent of this Development Agreement is to protect the Owner's right to use,
enjoy and develop the Property while at the same time limit any adverse impacts of the development upon
neighboring properties and the existing community and ensure the Property is developed in a manner
consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, the City Council has determined that, in accordance with Eagle City Code Section 8-
2-1,the Prior Agreements, as amended and restated by this Development Agreement, are to be used in lieu
of the PUD and conditional use process; and
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WHEREAS, Owner has previously provided Eagle with affidavits agreeing to submit the Property
to a development agreement pursuant to Eagle City Code Section 8-10-1(C)(1); and
WHEREFORE, Owner and the Eagle desire to enter into this Development Agreement and for and
in consideration of the mutual covenants contained herein, it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho
Code Section 67-6511A and Eagle City Code, Title 8, Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle has adopted ordinances amending the Eagle Zoning Ordinance to rezone the Property to
MU-DA, subject to the provisions of the Prior Agreements, and as specifically set forth previously in
Ordinance No. 492 which became effective after its passage, approval, and publication on May 23, 2005
and Ordinance No. 693 which became effective after its passage, approval, and publication on April 8,
2013.
ARTICLE III
CONDITIONS ON DEVELOPMENT
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner, as applicable will submit such applications
regarding floodplain development permit review, design review, preliminary and final 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 Development Agreement.
3.2 The Concept Plan represents Owner's current concept for completion of the project. As the
Concept Plan evolves, Eagle understands and agrees that certain changes in that concept may
occur or be required. If Eagle determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing
shall be held on any proposed changes in the Concept Plan and notice shall be provided as
may be required by Eagle.
3.3 Owner shall submit a Design Review application for the site (as required by Eagle City Code)
and shall comply with all conditions required by Eagle as part of the Design Review prior to
receiving a Certificate of Occupancy for any structure constructed on the site.
3.4 The Owner shall comply with all requirements of the Ada County Highway District
("ACHD").
3.5 The development shall include a cross-access agreement between all lots included within the
Property. Access to State Highway 44 shall be taken via the previously constructed signalized
access at Fisher Park Way as previously approved ACHD and the Idaho Department of
Transportation. All private streets shall be approved by the City of Eagle Fire Department.
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3.6 The following are conditions imposed on the proposed residential cottages and assisted living
facility (the "Residential Area") identified in the Concept Plan as the proposed and existing
buildings and adjoining improvements identified as Buildings D, G, R1, R2, R3, R4, R5, R6,
R7, R8, R9, R10, R11, R12, R13. In addition to assisted living facility (nursing/convalescent
home) and related facilities permitted within the Residential Area, up to 50 attached and
detached residential cottages shall be permitted within the Residential Area. Development of
the Residential Area will be permitted through the Design Review process. Future conditional
use permits for the assisted living facility(nursing/convalescent home)and residential cottages
authorized hereunder will not be required.
3.7 In accordance with Eagle City Code Section 8-2-1,this Development Agreement is considered
in lieu of the PUD (except as conditioned below). Except for the limitations and allowances
expressly set forth herein below in Section 3.17, and in the other terms of this Development
Agreement, the uses which are shown as permitted (P) or conditional (C) uses under the
Mixed Use Zoning designation with Eagle City Code Section 8-2-3 "Official Schedule of
District Regulations"shall be considered permitted uses on the Residential Area.
3.8 The assisted living facility (nursing/convalescent home) shall be architecturally designed to be
compatible to the commercial buildings located within Arts West Subdivision.
3.9 The attached residential cottages shall be architecturally designed to be similar in appearance
to the existing detached residential cottages previously constructed on Lot 9, Block 1, Arts
West Subdivision and shall be developed in phases as determined appropriate by Owner.
3.10 The foundation of any residential cottage shall be spaced no less than 10-feet from the
foundation of any adjacent attached or detached residential cottage and no less than 15-feet
from the foundation of the assisted living facility.
3.11 The Owner shall be required to provide sidewalks and vertical curbing (as shown on the
Concept Plan) throughout the Residential Area. Prior to the issuance of a Certificate of
Occupancy for either the assisted living facility or any of the proposed residential cottages,the
sidewalks and vertical curbing shall be installed in the phase, in accordance with Section 3.9,
in which the building seeking the Certificate of Occupancy is located.
3.12 The Owner shall be required to remove the existing structures located on the Residential Area
prior to the commencement of construction in the Residential Area,provided,however that the
existing residential cottages designated on the Concept Plan as E.1 and E.2 shall remain.
3.13 The Owner shall enter into a formalized agreement with the owners of the adjacent property to
the west, located at 3855 West Flint Drive, approving the construction of a six-foot (6') high
fence to provide a buffer on the common property line located on the western boundary of the
Property.
3.14 Eagle shall notify the adjacent neighbor to the west, located at 3855 West Flint Drive, prior to
the Design Review Board meeting date for the Design Review Board's review of the site plan
and proposed building architecture.
3.15 The following are conditions imposed on the proposed commercial development area
("Commercial Area") identified in the Concept Plan as the proposed and existing buildings
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and adjoining improvements identified as Buildings A, B, Cl, C2, F, I,J, K, L,M,N, 0,P, Q,
and R. All buildings require the approval of the Design Review Board. The design of the
buildings shall incorporate residential elements to ensure compatibility with surrounding uses.
All building shall be designed in accordance with the Eagle Architectural and Site Design
book as set forth in Eagle City Code Section 8-2A.
3.16 The development shall include a minimum forty-foot (40') wide buffer unless a twenty foot
(20') wide landscape buffer is approved (pursuant to Eagle City Code 8-3-3 D) for any
commercial uses located adjacent to any property with a residential zoning designation.
3.17 In accordance with Eagle City Code Section 8-2-1, this development agreement is considered
in lieu of the PUD (except as conditioned below). Except for the limitations and allowances
expressly set forth above and the other terms of this Development Agreement, the uses which
are shown as permitted (P) or conditioned (C) uses under the Mixed Use Zoning designation
with Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" shall be
considered permitted uses in the Commercial Area, 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(indoor)-Note, see Section 3.20
below
Commercial entertainment facilities(outdoor)-Note, see Section 3.20
below
Drive-in theater
Equipment rental and sales yard
Hardware store
Hotel
Horticulture(General)
Industry
Kennel
Live entertainment events-Note, see Section 3.20 below
Mobile office
Mortuary
Motel
Parking lot,parking garage commercial
Personal wireless facilities(height-over 35 feet)
Research Activities
Riding academies'/stables
Roadside Stand(Temporary Structure)
Sign shop, including painting
Small engine repair(mower,chainsaw,etc)
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Storage(enclosed building)
Storage(fenced area)
Street fair
Trade fair
Upholstery shop
Woodworking shop
3.18 A restaurant with drive-thru (limited to one of the following: coffee, yogurt/ice cream, or deli
sandwich shop), which use is prohibited use within said section of Eagle City Code, shall be
permitted with this Development Agreement on Lot 3, Block 2, Arts West Subdivision also
identified as Building L.
3.19 Any building with a proposed drive-thru shall be designed in such a way as to compliment the
overall character of the development, and design styles exceeding the standard utilitarian look
of a building with a drive-thru shall be required. The Owner shall also provide a minimum
forty-eight inch (48') high berm, decorative block wall, cultured stone, decorative rock or
similarly designed concrete wall, landscaping, or combination thereof within the buffer area
adjacent to the drive thru lane to reduce the impact of the vehicles utilizing the drive thru lane.
3.20 The following uses may be allowed as permitted uses on Lots 10 and 11, Block 1, and Lot 2,
Block 2, all in Arts West Subdivision:
Commercial entertainment facilities(indoors)
Commercial entertainment facilities(outdoors)
Live entertainment events
3.21 Lots 1 and 2, Block 1, and Lot 2, Block 2, of the Amended Plat of Flint Estates Subdivision
shall be permitted for development of a residential subdivision not to exceed three(3)
dwelling units per acre. The residential subdivision shall be submitted as a Planned Unit
Development(PUD).
3.22 The setbacks for all structures located on Lot 3,Block 2, of the Amended Plat of Flint Estates
Subdivision shall be measured from the perimeter of the property with West Flint Drive(north
property line)being considered the street that the front setback will be measured from.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 29, 2013.
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 April 29, 2013.
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 April 29, 2013. The site was posted in accordance with the Eagle City Code on
May 4, 2013.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification(RZ-
08-03 MOD3/RZ-04-12 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:
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a. The zoning designation of MU-DA (Mixed Use with a development agreement) is in
accordance with the Mixed Use designation 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 indicate that public facilities exist to serve any and all uses allowed on this
property under the zone.
c. The MU-DA (Mixed Use with a development agreement) zone has previously been
determined to be compatible with the zoning and land uses to the south, north,west and east;
d. The land is not located within a "Hazard Area" or "Special Area" as described within the
Comprehensive Plan; and
e. No non-conforming uses are expected to be created with this rezone if the development
agreement as proposed is required and subsequently complied with.
DATED this 28th day of May 2013.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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J:mes D. Reynolds, M.,\or/
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Sharon K. Bergmann,Eagle Ci' Clerk xi ; )1(
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