Findings - CC - 2013 - RZ-02-03MOD2 - Mod To Rz/Inst#106057133/Convert 2 Mu Lots Into Residential/117.51 Acres BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE REZONE WITH )
DEVELOPMENT AGREEMENT ASSOCIATED )
WITH THE LAGUNA POINTE DEVELOPMENT )
(aka COAST TO COAST SUBDIVISION) FOR )
COAST 2 COAST,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-02-03 MOD2
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:
Coast 2 Coast, LLC, represented Shawn Nickel with SLN Planning is requesting a
modification to the rezone development agreement (Instrument No. 106057133)
associated with Coast To Coast Subdivision(aka Laguna Pointe Subdivision). The request
is to convert two mixed use/commercial lots into residential lots. The 117.51-acre site is
generally located on the east side of Eagle Road approximately 4,100-feet north of
Chinden Boulevard.
B. APPLICATION SUBMITTAL:
The rezone modification request was received by the City of Eagle on May 7,2013.
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 13,2013.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 22, 2004, the City Council approved an annexation, rezone with development
agreement, conditional use permit, preliminary development plan and preliminary plat for
Laguna Pointe Planned Unit Development (A-2-03/RZ-2-03/CU-5-03/PPUD-1-03/PP-3-
03).
On May 9, 2006, the City Council approved the final development plan and final plat for
Coast To Coast Subdivision(FPUD-01-06/FP-02-06).
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two(up to 2- R-E-DA-P(Residential- Coast 2 Coast Subdivision
units per acre max.)& Estates up to one(1)unit per
Floodway two(2)acres with a
development agreement—
PUD), R-2-DA-P
(Residential—up to two(2)
units per acre with a
development agreement—
PUD with Development
Agreement)MU-DA (Mixed
Use with a development
agreement)
Proposed No Change No Change Convert two(2)mixed
use/commercial lots into
residential lots
North of site Residential Two(up to R-2-P(Residential—up to South Channel of Boise
two(2)units per acre two(2)units per acre—PUD) River&Island Woods
maximum)&Floodway Subdivision
South of site Residential Two(up to MU-DA(Mixed Use with a Lakemoor
two(2)units per acre development agreement)A-1 Residential/Commercial
maximum)&Public/Semi (Open Land up to One(1) development with park site
Public unit per acre)—City of Boise &Boise City Wastewater
Designation) facility
East of site Residential Two(up to R-2-P(Residential—up to RiversEnd Subdivision&
two(2)units per acre two(2)units per acre—PUD) Agricultural land(City of
maximum) &A-1 (Open Land up to One Boise property)
(1)unit per acre—City of
Boise Designation)
West of site Residential Two(up to A-R(Agricultural- Eagle Road(SH 55)&
two(2)units per acre Residential)&LO-DA-P Cottonwood Creek PUD&
maximum)&Mixed Use (Limited Office PUD with Agricultural land
Development Agreement)
F. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
G. SITE DATA:
Total Acreage of Site— 117.51
Total Number of Lots—69
Residential- 55
Commercial- 0
Industrial-0
Common- 14
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Total Number of Units—55
Single-family- 55
Duplex- 0
Multi-family-0
Total Acreage of Any Out-Parcels—0
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 responded and their correspondence is attached to the staff
report. Comments,which appear to be of special concern, are noted below:
Idaho Transportation Department
L. LETTERS FROM THE PUBLIC(attached to the staff report):
Joseph and Tern Belcher,submitted correspondence,date stamped by the City on June 11,2013.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted August 25, 2009), designates this site as the
following:
Residential Two
Suitable primarily for single family residential development within areas that are rural in
character. An allowable density of up to 2 units per 1 acre.
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.
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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.
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 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the
zoning districts have been formulated to realize the general purposes as set forth in this title. In
addition,the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office, limited commercial, and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure
assemblage of properties in a unified plan with coordinated and harmonious development
which shall promote outstanding design without unsightly and unsafe strip commercial
development. Uses should complement the uses allowed within the CBD zoning district. All
development requiring a conditional use permit in the MU zoning district, as shown in
section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement
process in accordance with chapter 6 or 10 of this title unless the proposed development
does not meet the area requirements as set forth in section 8-6-5-1 of this title. In that case a
cooperative development, in conjunction with adjacent parcels (to meet the minimum area
requirements), shall be encouraged. Otherwise a conditional use permit shall be required
unless the proposed use is shown as a permitted use in the MU zoning district within section
8-2-3 of this chapter. Residential densities shall not exceed ten (10) dwelling units per gross
acre. When a property is being proposed for rezone to the MU zoning district a development
agreement may be utilized in lieu of the PUD and/or conditional use process if approved by
the city council provided the development agreement includes conditions of development that
are required during the PUD and conditional use process.
• Eagle City Code, Section 8-2-3 Schedule of District Use Regulations:
Residential dwellings 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 Requirements:
Minimum
Lot Area
Maximum Lot ', (Acres Or Minimum
Zoning Maximum Interior ? Street Covered F And Square Feet) ! Lot
District Height Front.'Rear Side Side J* H* Width I*
R-2 35' 30' 30' 10' 20' 40% 17,000 75'
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• Eagle City Code, Section 8-10-1 Development Agreements:
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. DISCUSSION:
• The applicant is requesting a modification to the development agreement (Instrument
#106057133) associated with RZ-02-03 MOD for the Laguna Pointe Planned Unit
Development(aka Coast To Coast Subdivision). The development agreement was executed on
February 13, 2006. The applicants request is to convert Lots 16-17, Block 1, to residential
from commercial and amend Article II, Conditions of Development 2.6 through 2.9 by
removing them in their entirety. Conditions of Development 2.6 through 2.9, address the
commercial uses to be conducting on the subject properties. Pursuant to Eagle City Code 8-2-
3, a conditional use permit is required for a residential use to occur within the MU (Mixed
Use) zoning designation. The residential areas of Coast To Coast Subdivision are currently
zoned R-2-DA-P (Residential up to two units per acre with a development agreement—PUD)
and R-E-DA-P (Residential-Estates up to one unit per two acres with a development
agreement— PUD). The required setbacks for the MU (Mixed Use) zoning designation allow
for smaller setbacks than what is required for the residential portions of Coast To Coast
Subdivision. Should the applicant's request to modify the development agreement be approved
the setbacks for Lots 16 and 17, Block 1, should be consistent with the required setbacks for
the lots located within the subdivision area currently zoned R-2-DA-P (Residential up to two
units per acre with a development agreement—PUD). Those setbacks are consistent with the
setbacks for a R-2 (Residential up to two units per acre)zoning designation and are as follows:
o Front 30-feet
o Rear 30-feet
o Side 10-feet(15-feet two story)
o Street Side 20-feet
o Maximum coverage 40%
o Maximum height 35-feet
• The development agreement (Instrument #106057133) shows Lots 16, 17, and 49, Block 1,
located within an area with a MU-DA (Mixed Use with development agreement) zoning
designation. The development agreement contains a Concept Plan showing the aforementioned
lots containing a restaurant/specialty shop site and an office site. Conditions of Development
2.6 through 2.9 provide language regulating the commercial uses for the three (3) lots. Within
Article VII, Section 7.7 Expiration, of the development agreement it is indicated that the
approval of the Mixed Use Area as shown within Exhibit B (concept plan) expires seven (7)
years after the effective date of the development agreement unless a building permit for
building and site improvements within the Mixed Use Area has been obtained and
construction is pursued. To date no improvements have been constructed on any of the subject
lots. Should the development agreement modification be approved the applicant should
provide a revised concept plan showing Lots 16 and 17, Block 1, as residential and Lot 49,
Block 1, as an office site.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Staff recommends approval of the following applicant modifications to the development agreement with
strike through text to be deleted by staff and underline text to be added by staff:
2.6 The land zoned Mixed Use,herein referred to as"Mixed Use Area" includes an office site
located on Lot 49,Block 1, and . - : . :. . ::-•: - .. • _ .. .__
to the inte_nal l ke single-family residential uses located on Lots 16 and 17,Block 1 (see
Exhibit B)and shall be permitted with the following:
2.6.1 The office site shall be permitted a maximum of 12,000 square feet of Office-
Medical/Dental/Professional building area limited to single story construction;
2.6.2 - - . . . .__ . - .. • - • - ._ -• _: : : . - ..!
.
.
.. :5 . .- t: •• -• • - •- • - • . • . .. • . ;:t" • _ The single-
family residential use located on Lots 16 and 17,Block 1, shall have the following
setbacks:
o Front 30-feet
o Rear 30-feet
o Side 10-feet(15-feet two story)
o Street Side 20-feet
o Maximum coverage 40%
o Maximum height 35-feet
2.6.3 • . - !!! _ .. - :.• • - •
Z. •_. 's os of this portion of the building. Tho final sizo
• s
peRuitted-fer-this-budding-area.:
Arts and crafts shows
testautaitt-facility)
Beauty,Lber-bef-shep
Catering service
Club-er ledge
speeialtt'sliffss)
. .
Home a.,a business
Massage-spa
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Museum
Personal nt
Photographic studio
shops)
2.7 Building placement shall be designed such that parking areas are not concentrated between the
buildings and Eagle Road. The side of any buildings facing Eagle Road shall be provided with
enhanced architectural design elements and architectural relief.
2.8 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted
architecture styles are specifically those shown within the Eagle Architecture and Site Design
Book(EASD Book). Architecture styles and building design elements that are not shown with
the EASD Book will not be permitted. •2.9 . _ ,•1- = • - - - • •- - - t: -- -- . . ..• . ._ •- • - t:
•
. . . . . .
Eagle noise ordinances. The Laguna Pointe CC&Rs shall reference Eagle City Code 19 3 and
• . .
Eagle City Code Section 4 9 3: PUBLIC DISTURBANCE NOISE PROHIBITED:
e:!! . .1 1•. - . - _. . :•-t5 . _ . . - , . •, .. :. ... .... . . . . .. .1,
: •
.i'
. . •. .
may begin at six o'clock(6:00)A.M. (Ord. /57, 9 9 2003)
.
• ... . ..
Lots 16 and 17, Block 1, shall not be further subdivided.
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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 the proposal was presented to the City Council
by one (1) individual who indicated that public parking for the greenbelt is required to be located
on Lot 49, Block 1, of the subdivision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-02-03 MOD2 for a modification to the Conditions of
Development associated with Laguna Pointe Development(aka Coast To Coast Subdivision), for
Coast 2 Coast,LLC, with strike through text to be deleted by the Council and underline text to be
added by the Council:
2.6 The land zoned Mixed Use,herein referred to as"Mixed Use Area"includes an office site
located on Lot 49,Block 1, and : - : . : . :__ : - .. • _ .. .
Ee single-family residential uses located on Lots 16 and 17, Block 1 (see Exhibit B)
and shall be permitted with the following:
2.6.1 The office site shall be permitted a maximum of 12,000 square feet of Office-
Medical/Dental/Professional building area limited to single story construction;
2.6.2 .__ . . •• • _ , : : •- . ... . .
. . .•-- - • . .. _ . _:, .., . ._ -• ' •- - • .. . • - • . . . - . . •
.
.
- The single-family residential use located on
Lots 16 and 17, Block 1, shall have the following setbacks:
o Front 30-feet
o Rear 30-feet
o Side 10-feet(15-feet two story)
o Street Side 20-feet
o Maximum coverage 40%
o Maximum height 35-feet
2.6.3 • •• . . .!! . .. ..' . : . ._ ;Z"'" -- - -
. •
—
A- ist-studies
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Arts and crafts shows
Bier•-shop
Club or lodge
Massage-spa
Museum
Professional activities
• -
shops) •2.9 - - " - ■ • - " - . . - - •- - . ..'
'
. . . - . .
- , .
D •
Eagle City Code Section 4 9 3: PUBLIC DISTURBANCE NOISE PROHIBITED:
A. Between the hours of ten o'clock(10:00)P.M. one day and seven o'clock(7:00)A.M. the next day,•• - - - , • , - - •- -• • •- - •_ :. •:
begin at six o'clock(6:00)A.M. (Ord. 157, 9 9 200
•- • . . .
noise may begin at six o'clock(6:00)A.M. (Ord. 157, 9 9 2003)
- - , - - - - _ _ .. • - - - •- - = - -
Lots 16 and 17,Block 1, shall not be further subdivided.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 7, 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 13,
2013.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification(RZ-
02-03 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 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 R-E-DA-P (Residential-Estates up to one (1) unit per two (2) acres with a development
agreement — PUD), R-2-DA-P (Residential — up to two (2) units per acre with a development
agreement — PUD with Development Agreement) and MU-DA (Mixed Use with a development
agreement) zones are compatible with the surrounding land uses to the north, south, east, and west
since those areas are currently developed or may be developed in a similar manner has this
development.
d) The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan. The northern portion of the site lies within the Boise River
Floodplain area. The development of the site will be required to meet the requirements of Eagle
City Code,Title 10, Flood Control; and
e) 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 ,,,.....,1���,,,°
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••
es D. Reynolds, Mayo --: 4
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ATTEST: = •e c,�' •
o to
Sharon K. Bergmann,Eagle City Cler!
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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