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Findings - CC - 2015 - RZ-24-06MOD5 - Mod To Da Inst#2014-072476/1650 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 TENNIS CLUB PLAZA SUBDIVISION FOR PACIFIC WEST COMMUNITIES, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ -24 -06 MOD5 The above - entitled rezone with development agreement modification application came before the Eagle City Council for their decision on July 14, 2015. 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: Pacific West Communities, Inc., represented by John Rennison, is requesting a modification to the rezone development agreement (Instrument #2014 - 072476) associated with the approved Tennis Club Plaza Subdivision. The 15.77 -acre site is generally located on the southeast corner of State Highway 44 and S. Edgewood Lane at 1650 East Riverside Drive. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on June 11, 2015. 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 29, 2015. 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 26, 2015. The site was posted in accordance with the Eagle City Code on June 30, 2015. 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- 1 8-06/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). 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). Page 1 of 10 KAPlanning Dept\Eagle Applications\SUBS \2006\Eag1e Gateway South MOD5 ccf.doc 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 July 28, 2008, the City Council approved a parcel division for Cornerstone Group, LLC (PD- 02-08). On September 23, 2008, the City Council approved a modification to the development agreement for a building height exception and allow for a digital reader board associated with a movie theater (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). On June 25, 2013, the City Council approved a modification to the development agreement and associated exhibits within the development agreement to allow for a Commercial Entertainment Facility (Tennis and outdoor recreational facility), Nursing/Convalescent Home, and a building height exception for the tennis facility not to exceed 45 -feet in height and a height exception for a hotel to not exceed 60 -feet in height (RZ -24 -06 MODS). On June 27, 2013, the Design Review Board approved a design review application for a commercial entertainment facility for the Eagle Tennis Facility (DR- 19 -13). On November 12, 2013, the City Council approved a development agreement modification and preliminary plat for Renovare Subdivision (RZ -24 -06 MOD4/PP- 03 -12). On January 9, 2014, the Design Review Board remanded the design review application to modify a commercial entertainment facility for the Eagle Tennis Facility to staff (DR -19 -13 MOD). On January 28, 2014, the City Council approved a preliminary plat application for Tennis Club Plaza Subdivision (PP- 13 -13). On March 27, 2014, the Design Review Board approved a design review application to modify a commercial entertainment facility for the Eagle Tennis Facility (DR -19 -13 MOD2). On June 25, 2015, the Design Review Board approved a design review application to modify a commercial entertainment facility for the Eagle Tennis Facility (DR -19 -13 MOD3). Page 2 of 10 KAPIanning Dept\Eagle Applications\SUBS\2006XEagle Gateway South MOD5 cctdoc E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. G. SITE DATA: Total Acreage of Site — 15.77 -acres Total Number of Lots — 7 Residential — 0 Commercial — 7 Industrial — 0 Common — 0 Total Acreage of Any Out - Parcels — none 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. I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. J. NON - CONFORMING USES: None are apparent on the site. Page 3 of 10 KAPlanning DeptTagle AppGcationASUBS\2006Tagle Gateway South MOD5 cctdoc COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use and Scenic MU -DA (Mixed Use with a Mixed use development Corridor overlay development agreement [in including commercial, lieu of a PUD]) retail. Proposed No Change No Change Reduce the setback associated with interior side property lines and allow for a restaurant (with drive through) North of site Business Park BP (Business Park) State Highway 44 and a vacant parcel South of site Mixed Use MU -DA (Mixed Use with a Renovare Subdivision development agreement [in (residential) lieu of a PUD]) East of site Mixed Use and Scenic MU (Mixed Use) Pasture and Ancona Corridor overlay Business Park West of site Mixed Use and Scenic MU -DA (Mixed Use with a Lonesome Dove Corridor overlay development agreement [in Subdivision lieu of a PUD]) F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. G. SITE DATA: Total Acreage of Site — 15.77 -acres Total Number of Lots — 7 Residential — 0 Commercial — 7 Industrial — 0 Common — 0 Total Acreage of Any Out - Parcels — none 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. I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. J. NON - CONFORMING USES: None are apparent on the site. Page 3 of 10 KAPlanning DeptTagle AppGcationASUBS\2006Tagle Gateway South MOD5 cctdoc 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 ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section, 8 -1 -2: Rules and Definitions: RESTAURANT: Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunchroom, tearoom, and dining room. Bars and microbreweries are allowed within restaurants, whether operated by the restaurateur or by a separate entity, and shall be allowed under the same use classification as the restaurant when operated within a restaurant. • RESTAURANT WITH DRIVE- THROUGH: A restaurant, typically with indoor seating, which includes drive -up window service for ordering food to go. • Eagle City Code, Section 8 -2 -3 Schedule of District Use Regulations: Restaurant (with drive- through) is a prohibited use in the MU (Mixed Use) zoning district. • Eagle City Code, Section 8 -2 -4 Schedule of Building Height and Lot Area Regulations for the MU (Mixed Use) zone: Zoning District MU Maximum Front Rear Interior Street Maximum Minimum Lot Minimum Height Side Side Lot Covered Area (Acres Or Lot Sq. Ft.) G And Width I* H* 35' 20' 20' 7.5' 20' 17,000 50' Page 4 of 10 KAPlanning Dept\Eagle Applications \SUBS\2006\Eag1e Gateway South MOD5 cef.doc • Eagle City Code, Section 8 -6 -2: Effects of Other Zoning Provisions: A. Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this title, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this title. • Eagle City Code, Section 8 -6 -4: Uses Permitted: All uses that may be allowed within the land use district are permitted within a PUD. Also, up to ten percent (10 %) of the gross land area may be directed to other commercial, office, public and quasi - public uses that are not allowed within the land use district; provided, that there is a favorable finding by the council: A. That the uses are appropriate with the residential uses; B. That the uses are intended to serve principally the residents of the PUD; C. That the uses are planned as an integral part of the PUD; D. That the uses be located and so designed as to provide direct access to a collector or an arterial street without creating congestion or traffic hazards; and E. That a minimum of fifty percent (50 %) of the residential development occurs prior to the development of the related commercial or office land uses. DISCUSSION: The applicant is requesting modifications to the amended and restated development agreement (Instrument #2014 - 072476) associated with RZ -24 -06 MOD4 for the Tennis Club Plaza Subdivision to amend Article III, "Conditions on Development ". The requested modifications are as follows: 1) to reduce the Mixed Use /Office/Retail Commercial Buildings — Interior Side Setback from 7.5 -feet (2- story) / 12.5 -feet (3 -story) to 0.0 -feet 2) modify the permitted uses to allow "Restaurant (with drive - through)" for not more than ten percent (10 %) of the gross land area of the subject property, and 3) provide a revised concept plan. • The applicant's request to reduce the interior side setback from 7.5 -feet (2 -story) / 12.5 -feet (3 -story) to 0.0 -feet is consistent with the development of commercial buildings that are attached to each other and have separate ownership. The proposal also allows for additional area be set aside for parking due to the commercial buildings being attached. Staff will recommend that the interior lot lines associated with the commercial area have a 0.0 -foot setback. The applicant is requesting to permit restaurants (with drive- through) on up to ten percent (10 %) of the site pursuant to the PUD code (Eagle City Code, Section 8 -6 -4 "Uses Permitted "). The applicant also indicated within the provided narrative the intended drive through uses, such as coffee sales, will be complimentary to other uses within the planned unit development (i.e. a coffee to go following a morning tennis lesson). A coffee shop is defined as a restaurant pursuant to Eagle City Code. Restaurants (with a drive - through) are a prohibited use within the MU (Mixed Use) zone. The development agreement for this development was used in lieu of a planned unit development (PUD). Development Agreements are a discretionary tool used by the Council as a condition of rezoning and allow a specific product 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. Within a PUD, up to ten percent (10 %) of the gross land area may be directed to other commercial, office, public and quasi - public uses that are not allowed within the land use district, provided that there is a favorable finding by the City Council. Staff supports the applicant's request to allow for a coffee shop (with a drive- through) to be permitted on -site and believes the Council can make favorable findings pursuant to ECC 8 -6 -4 to allow for this use. In regard to allowing an additional restaurant (with drive- through) on the subject site Page 5 of 10 KAPlanning DeptTagle ApplicationASUBS\2006Tagle Gateway South MODS ccf doc staff does not believe favorable findings (pursuant to Eagle City Code, Section 8 -6 -4) can be affirmed, however, staff will defer this matter to the City Council. In regard to the drive through lane associated with the coffee shop the drive through lane should be screened so that the headlights from vehicles utilizing the drive through are screened from view. A new condition of development should be added to the development agreement requiring that any building with a proposed drive- through should 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 - through should be required. The applicant should 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- through lane to reduce the impact of the vehicles utilizing the drive - through lane (i.e. vehicle headlights and vehicle cueing). The applicant submitted a revised concept plan date stamped by the City on June 11, 2015, showing the two (2) proposed locations of the restaurants (with drive - through) adjacent to the western portion of the site north of East Riverside Drive. Staff recommends that the applicant be required to provide a revised Concept Plan showing one (1) coffee shop (with drive - through) located at the northwest corner of the subject site. The revised Concept Plan should be included as an exhibit to the modified development agreement. The parking requirements will be addressed with the design review application 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: 3.4 The Setbacks shall be as follows: Multi- family: Front 15 feet Rear 20 feet Interior Side 7.5 feet (2 -story) / 12.5 feet (3 -story) Street Side 15 feet Mixed Use /Office/ Retail Commercial Buildings Front 7.5 feet (allows canopies, awnings, etc. to encroach) (typ. at west end of Riverside Drive near Edgewood and along Edgewood) 20 feet (typical unless noted otherwise) Rear 10 feet Interior Side 7.5 C et (2 story) / 12.5 feet (3 story) 0.0 -feet Street Side 7.5 feet (allows canopies, awnings, etc. to encroach) Maximum Coverage: 60% 3.4.1 The building height of the tennis facility shall not exceed 45 -feet. The building height of a hotel shall not exceed 60 -feet. Page 6 of 10 KAPlanning Dept\Eagle Applications \SUBS\2006\Eag1e Gateway South MODS ccf.doc 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 permitted uses on the Property: ■ Bar ■ Hotel ■ Retail Sales ■ Commercial Entertainment Facility (Tennis and outdoor recreational facility) ■ Nursing/Convalescent Home ■ Coffee Shop (with drive- through) to be located at the northwest corner of the Property. 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); 3.21 Any building with a proposed drive - through 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- through 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 - through lane to reduce the impact of the vehicles utilizing the drive - through lane (i.e. vehicle headlights and vehicle cueing). PUBLIC HEARING OF THE COUNCIL: A. The application came before the City Council on July 14, 2015, at which time public testimony was taken and the public hearing was closed. The Council made their decision at that time. Page 7 of 10 KAPlanning DeptTagle ApplicationASUBS\200REagle Gateway South MODS ccf.doc 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. COUNCIL DECISION: The Council voted 3 to 0 (Butler absent) to approve RZ -24 -06 MOD5 for a modification to the Conditions of Development and associated exhibits within the development agreement (Instrument #108055908) associated with the site for Tennis Club Plaza Subdivision, 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: 3.4 The Setbacks shall be as follows: Multi - family: Front 15 feet Rear 20 feet Interior Side 7.5 feet (2 -story) / 12.5 feet (3 -story) Street Side 15 feet Mixed Use /Office/ Retail Commercial Buildings Front 7.5 feet (allows canopies, awnings, etc. to encroach) (typ. at west end of Riverside Drive near Edgewood and along Edgewood) 20 feet (typical unless noted otherwise) Rear 10 feet Interior Side 7.5 feet (2 story) 12.5 feet (3 ste 0.0 -feet Street Side 7.5 feet (allows canopies, awnings, etc. to encroach) Maximum Coverage: 60% 3.4.1 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 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 permitted uses on the Property: Page 8 of 10 KAPlanning Dept\Eagle ApplicationASUBSUOMEagle Gateway South MOD5 ccf.doc ■ Bar ■ Hotel ■ Retail Sales ■ Commercial Entertainment Facility (Tennis and outdoor recreational facility) ■ Nursing/Convalescent Home ■ Coffee Shop (with drive - through) to be located at the northwest corner of the Property. 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); 3.21 Any building with a proposed drive- through 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 - through 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 - through lane to reduce the impact of the vehicles utilizing the drive - through lane (i.e. vehicle headlights and vehicle cueing). 3.22 The development shall comply with Eagle City Code Title 4 Chapter 9 Loud Amplification Devices; Noise Ordinance. Nothing within this development shall be construed to be exempt under the provisions of Eagle City Code Section 4 -9 -6: Exemptions: (A through 1) CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on June 11, 2015. 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 29, 2015. 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 26, 2015. The site was posted in accordance with the Eagle City Code on June 30, 2015. 3. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ- 24-06 M0135) 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: Page 9 of 10 KAPlanning DeptTagle ApplicationASUBS\2006Tagle Gateway South MOD5 ccf.doc a) The requested zoning designation of MU -DA (Mixed Use with development agreement [in lieu of a PUD]) 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 [in lieu of a PUD]) zone is compatible with the MU -DA (Mixed Use with a Development Agreement [in lieu of a PUD]) zone and land uses to the south, 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 as this development. d) The proposed MU -DA (Mixed Use with Development Agreement) zone is compatible with the BP (Business Park) zone and land use to the north since this area is not developed and may be developed in a similar manner as this development; e) The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan. 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 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 28th day of July, 2015. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho ��.••�pF E «CAF $eMD. Reynolds, Ma �6_ f QpRA c :V +$ dop ATTEST: u •e •. L Sharon K. Bergmann, Eagle City Cler ••'•.,'�1q QF�O•`�, '01#11220 vit Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis Page 10 of 10 KAPlannutg Dept\Eagle Apphcations4SUBS\2006\Eag1e Gateway South MOD5 ccEdoc