Findings - CC - 2013 - RZ-24-06 MOD3 - Mod To Rezone Da Instr#108055908/1650 E Riverside Dr. BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE REZONE WITH )
DEVELOPMENT AGREEMENT ASSOCIATED WITH )
THE EAGLE GATEWAY SOUTH DEVELOPMENT )
FOR EAGLE TENNIS CLUB, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-24-06 MOD3
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their decision on June 25, 2013. 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 Tennis Club, LLC, represented by Jeff Huber, with White-Leasure Company, is
requesting a modification to the rezone development agreement (Instrument#108055908)
associated with the previously approved Eagle Gateway South Development. The 56.86-
acre site is located at the southeast corner of State Highway 44 and S. Edgewood Lane at
1650 E. Riverside Drive.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 10,2013.
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 June 10, 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 June 5, 2013.
The site was posted in accordance with the Eagle City Code on June 15, 2013.
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 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 (RZ-24-06 MOD).
On September 23,2008,the City Council approved a modification to the development
agreement and associated exhibits within the development agreement to allow for an
overall building height of 39-feet, decorative parapet walls of 46-feet, entrance parapet
height of 48-feet, and an entryway feature height of 58-feet. The modification also
approved a digital reader board not to exceed two hundred square(200)feet(RZ-24-06
MOD2).
On October 7, 2008,the City Council approved a design review application for a movie
theater for Riverwood Cinemas for Ogden Entertainment(DR-54-08).
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN 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 proposed uses
and the height of the
proposed tennis facility,
multi-family buildings and
hotel, 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.
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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
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.
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 of Fish 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
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ZONING ORDINANCE PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 8-2-3 Schedule of District Use Regulations:
Commercial Entertainment Facilities are allowed by Conditional Use within the MU (Mixed
Use)zoning designation.
Nursing/Convalescent Homes are allowed by Conditional Use within the MU (Mixed Use)
zoning designation.
• 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 Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width I*
Sq. Ft.)G
And H*
MU 35' 20' 20' 7.5' 20' 50% 7,000 50'
• Eagle City Code, Section 8-10-1 Development Agreement: Requirements and Restrictions:
D. Approval Of The Development Agreement:
1. The council may require a development agreement be executed to allow a rezone if, in the
opinion of the council, approval of the requested rezone does not satisfy the requirements
set forth in the zoning ordinance for rezone approval, but the particular project or use
contemplated has a value to the community that would justify the use of a development
agreement. A development agreement may not allow a use on the parcel that is not an
allowed or conditional use in the requested rezone.
DISCUSSION:
• The applicant is requesting modifications to the development agreement(Instrument#108055908)
associated with RZ-24-06 for the Eagle Gateway South Development to amend Article III,
"Conditions on Development". The applicant provided a draft development agreement, date
stamped by the City on May 10, 2013, inclusive of the applicant's proposed modifications to the
development agreement. The requested modifications are as follows: 1) height exception of 45-
feet for the commercial and recreational uses and a height exception of 60-feet for hospitality and
multi-family uses, 2) modify the permitted uses Commercial Entertainment Facility (Theater) to
Commercial Entertainment Facility (Tennis and outdoor recreational facility), add Coffee shop
with drive through and Nursing/Convalescent Home, and 3) provide a revised concept plan.
Pursuant to Eagle City Code a coffee shop is defined as a restaurant. A restaurant with a drive
through is a prohibited use within the MU (Mixed Use) zoning designation; therefore a
development agreement cannot be utilized to allow for a coffee shop with drive through being
located on the site. The applicant has not provided building elevations showing either the
hospitality or multi-family structures. Prior to the approval of a height exception for a hospitality
and/or multi-family structures the applicant should be required to provide building elevations. The
applicant is also proposing to delete several Conditions of Development associated with the
residential area and park site, however staff is recommending the Conditions of Development
associated with these areas remain until an application comes forward addressing the residential
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area and park site. Upon review and approval of a development associated with the residential area
and park site staff will recommend that the amended and reinstated development agreements be
executed at that time which separates the commercial area from the residential area and park site.
• The applicant submitted a revised concept plan date stamped by the City on May 10, 2013,
showing the proposed locations of the commercial buildings and tennis facility within the northern
portion of the site. Staff recommends that the revised Concept Plan be included as an exhibit to the
modified development agreement. The parking requirements will be addressed at the time of a
design review for any proposed structures on the site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Based on the executed development agreement (Instrument #108055908) and the subsequently approved
development agreement modifications staff recommends approval of the following modifications to the
development agreement with strike through text to be deleted by staff and underline text to be added by
staff:
3.3.1 The building height of the naevie-theatef tennis facility shall be as follows (Exhibit "x") not
exceed 45-feet.
• Overall building height Thirty nine feet(39')
• Decorative parapet walls Forty six feet(46')
• Entrance parapet height Forty eight feet(18')
3.6 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement,the Property can be developed and used consistent with the Mixed Use District
land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations", existing at the time a design review application or conditional use permit
application(whichever the case may be)is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses
and all uses shown as "C" conditional uses under the MU zoning designation shall require a
conditional use permit, except that the residential portions of the Property described in Section
3.3 shall not require a conditional use permit.
The following uses which are shown as "C" conditional uses under the MU zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations,"
shall be considered"P"permitted uses on the Property:
• Bar
• Hotel
• Retail Sales
• Commercial Entertainment Facility (Theater Tennis and outdoor recreational
facility)
• Nursing/Convalescent Home
In addition to all other uses prohibited within said section of Eagle City Code and on the
entire Property as noted above,the following uses shall also be prohibited on the Property:
• Residential,Mobile Home(Single Unit);
• Residential,Mobile Home(Single Unit Temporary Living Quarters);
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• Residential,Mobile Home Park;
• Adult Business;
• Automotive washing facility;
• Cemetery;
• Circuses and Carnivals;
• Drive-In Theatre;
• Equipment Rental and Sales Yard;
• Kennel;
• Nursery, plant materials;
• Riding Academies/Stables;
• Small Engine Repair;
• Storage(fenced area);
PUBLIC HEARING OF THE COUNCIL:
A. The application came before the City Council on June 25, 2013, 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.
D. Oral testimony neither in favor nor in opposition to this proposal was presented by one (1)
individual regarding public parking for a future park to be located south of the proposed
development.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-24-06 MOD3 for a modification to the Conditions of
Development and associated exhibits within the development agreement(Instrument#108055908)
associated with the site for Eagle Tennis Club, 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 tennis facility shall not exceed 45-feet. The building height of a
hotel shall not exceed 60-feet.
3.6 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement,the Property can be developed and used consistent with the Mixed Use District
land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations", existing at the time a design review application or conditional use permit
application(whichever the case may be) is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses
and all uses shown as "C" conditional uses under the MU zoning designation shall require a
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conditional use permit, except that the residential portions of the Property described in Section
3.3 shall not require a conditional use permit.
The following uses which are shown as "C" conditional uses under the MU zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations,"
shall be considered"P"permitted uses on the Property:
• Bar
• Hotel
• Retail Sales
• Commercial Entertainment Facility(Tennis and outdoor recreational facility)
• Nursing/Convalescent Home
In addition to all other uses prohibited within said section of Eagle City Code and on the
entire Property as noted above,the following uses shall also be prohibited on the Property:
• Residential,Mobile Home(Single Unit);
• Residential,Mobile Home(Single Unit Temporary Living Quarters);
• Residential,Mobile Home Park;
• Adult Business;
• Automotive washing facility;
• Cemetery;
• Circuses and Carnivals;
• Drive-In Theatre;
• Equipment Rental and Sales Yard;
• Kennel;
• Nursery, plant materials;
• Riding Academies/Stables;
• Small Engine Repair;
• Storage(fenced area);
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 10, 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 June 10, 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 June 5, 2013. The site was posted in accordance with the Eagle City Code on June 15,
2013.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification(RZ-
24-06 MOD3) 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 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.
DATED this 9th day of July, 2013.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
o0 OF I=A '''•.
j1441-4-1.mes D. Reynolds,M yor °• �� •• ••••iiiiL�
• ORATF•®
ATTEST:
•
1 •
I! i ' • /LLI/L i ib Ij. lid s °m
Sharon K. Bergmann, Eagle City Cler T .°°
7'E O\ Lei•s%.
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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