Findings - CC - 2022 - RZ-14-00 MOD2 - Development Agreement Modification For Great Sky Estates Sub. No. 7 BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION FOR GREAT SKY ESTATES )
SUBDIVISION NO.7 FOR JOHN DAY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-14-00 MOD2
The above-entitled rezone modification application came before the City Council for their action on
January 11, 2022, at which time public testimony was taken and the public hearing was closed. 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:
John Day is requesting a development agreement modification to modify conditions of development
#2.5 (associated with permitted uses) and #2.14 (associated with setbacks) of the executed
development agreement (Ada County instrument #101134699). The 2.16-acre site is located at the
southwest corner of East Hill Road and South Wooddale Avenue.
B. APPLICATION SUBMITTAL:
The rezone with development agreement modification request was received by the City of Eagle on
September 20,2021.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the 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 December 24,
2021. Notice of this public hearing was mailed to property owners in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on December 23, 2021. The
site was posted in accordance with the Eagle City Code on December 30,2021.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 20, 2001, the City Council approved a rezone with a development agreement(including a
concept plan)for IFI Partners II(RZ-14-00).
On October 23, 2001, the City Council approved a development agreement modification for IFI
Partners II(RZ-14-00 MOD).
On October 23, 2001, the City Council approved a preliminary plat for Great Sky Subdivision No. 7
(PP-9-01).
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with Great Sky Estates
development agreement) Subdivision No. 7
Proposed No Change No Change Proposed commercial
building with a"Personal
Improvement"use
North of site Compact Residential MU-DA(Mixed Use with Single-family residential
development agreement [in subdivision(Redstone
lieu of a PUD]) Ranch Subdivision)
South of site Mixed Use MU-DA(Mixed Use with a Commercial buildings
development agreement (Great Sky Estates
Subdivision No. 7)
East of site Mixed Use MU-DA(Mixed Use with a Commercial lot(Piccadilly
development agreement) Village Subdivision)
West of site Professional R-3 (Residential) Single-family residence
Office/Business Park
F. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: 2.16-acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter, date stamped by the City on September 20, 2021, and
incorporated herein by reference(attached to the staff report).
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
J. NON-CONFORMING USES:None are apparent on the site.
L. LETTERS FROM THE PUBLIC:
Correspondence received from the Great Sky Estates HOA Board of Directors; date stamped by
the City on January 3,2022(attached to the staff report).
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THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING 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 the Central Business District
(CBD). Development within this land use designation should be required to proceed through
the PUD and/or Development Agreement process, see specific planning area text for a
complete description.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
PERSONAL IMPROVEMENT: Provision of instructional services or facilities, including
photography, fine arts, crafts,dance or music studios, driving schools,and fitness studios.
• 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.
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• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
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% '5,000 20'
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2.5 For the 1.66-acres planned for commercial buildings noted in section 2.4 above, the only
allowed uses shall be as follows:
Permitted(P)Uses:
-Horticulture(general)
-Horticulture(limited)
-Roadside stand(temporary structure)
-Home Occupation
-Planned Unit Development
-Beauty/Barber Shop
-Bed and Breakfast facility
-Catering Service
-Childcare(family)
-Christmas Tree Sales
-Church
-Clinic
-Communications Facilities
-Office,Business and Professional
-Parking Lot,Parking Garage
-Personal Wireless Facilities(Height 35 feet or less)
-Professional activities
-Limited Retail Sales(up to 2,000 square feet)
Uses Requiring a Conditional Use Permit
-Childcare(Daycare Center)
-Childcare(Group)
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-Flex Space
-Kennel
-Mortuary
-Nursery,Plant Materials
-Nursing/Convalescent Home
-Industry Research and Development
-Research Activities
-Public Service Facilities
-School,Public or Private
2.14 The commercial parcels noted on the plat as Lots 23, 24, and 25, Block 11, shall be
permitted to have zero(0) side setbacks along the common parcel lines between said lots.
Lots 23, 24 and 25, Block 11 shall be permitted to have zero rear setbacks along the
common parcel lines between said lots. All other setbacks for these lots shall be
measured from the subdivision boundary lines.
D. DISCUSSION (based on the executed development agreement [Ada County instrument
#101134699]):
• Condition of Development #2.5 of the executed development agreement limits the allowed
uses within the development. The applicant is proposing a martial arts studio which is a
Personal Improvement use pursuant to Eagle City Code Section 8-2-3. A Personal
Improvement use is a permitted use within the MU (Mixed Use) zoning designation. The
applicant is requesting Condition of Development #2.5 be modified to add Personal
Improvement to the list of Permitted (P) Uses. The parking requirement associated with
Personal Improvement is 1-space/250-square feet,which is similar to the other permitted uses
identified within the condition of development. The applicant is proposing to construct a
3,120-sqaure foot building which will require a total of 13 parking spaces. Exhibit"A" of the
amended CC&Rs (Ada County instrument #2021-098976) provided by the applicant, date
stamped by the City on September 20, 2021, it identifies that Lot 22 is designated 13 parking
spaces. Based on the parking limitations based on the other businesses located near the
subject property the size of the classes should be limited to no more than 12-students between
the hours of 8:00 AM—5:00 PM.
• Condition of Development #2.14 of the executed development agreement states, "The
commercial parcels noted on the plat as Lots 23, 24, and 25, Block 11, shall be permitted to
have zero(0) side setbacks along the common parcel lines between said lots. Lots 23, 24 and
25, Block 11 shall be permitted to have zero rear setbacks along the common parcel lines
between said lots. All other setbacks for these lots shall be measured from the subdivision
boundary lines."
The site associated with the proposed martial arts studio is Lot 22, Block 11, Great Sky
Estates Subdivision No. 7. The property is located within the MU-DA (Mixed Use with
development agreement) zoning district. The required setbacks for the MU (Mixed Use)
zoning district are as follows:
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Front 20-feet
Rear 20-feet
Side 7.5-feet
Street Side 20-feet
• The applicant is requesting to modify the rear setback to 10-feet and the side setback to 2-
feet. The applicant's request is based on recognizing South Wooddale Avenue (east property
line) and the west property line as the rear property line. The buildings on Lots 23-25, Block
11, all have a zero 0-foot setback with the exception of the property lines adjacent to South
Wooddale Avenue. Based on the previously approved setbacks associated with Lots 23-25,
Block 11, and the orientation of the proposed new building, Condition of Development#2.14
should state, "The commercial parcels noted on the plat as Lots 22 —25, Block 11, shall be
permitted to have zero(0)side setbacks along the common parcel lines between said lots. The
side lot line (west property line) of Lot 22, Block 11, shall be 10-feet. Lots 23, 24 and 25,
Block 11 shall be permitted to have zero (0) rear setbacks along the common parcel lines
between said lots. All other setbacks for these lots shall be measured from the subdivision
boundary lines."
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, if the requested development agreement
modification is approved staff recommends Condition on Development 2.5 and 2.14 be modified to read
as shown within the staff report.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 11, 2022, 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 the application was presented to the City Council by seven(7) individuals
(not including the applicant/representative)who indicated the following:
• The business should not have any restrictions since the business is restrictive and additional
restrictions would be unfair.
• The business owner can address parking limitations without restricting class size.
• Utilizing carpooling would address any parking issues which may arise.
• The business owner's association has amended the CC&Rs to address parking within the
development.
C. Oral testimony in opposition to the application was presented to the City Council by one (1)
individual who expressed concerns regarding increased traffic. The individual indicated that common
areas should not be sold for commercial development.
D. Oral testimony neither in favor of nor in opposition to the application was presented by one (1)
individual who indicated there should be other methods to address parking without restricting class
sizes.
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COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-14-00 MOD2 for a development agreement modification with the
following staff recommended modification to Condition of Development #2.5 and 2.14 with strike
through text to be deleted by the Council and underline text to be added by the Council:
2.5 For the 1.66-acres planned for commercial buildings noted in section 2.4 above,the only allowed
uses shall be as follows:
Permitted(P)Uses:
-Horticulture(general)
-Horticulture(limited)
-Roadside stand(temporary structure)
-Home Occupation
-Planned Unit Development
-Beauty/Barber Shop
-Bed and Breakfast facility
-Catering Service
-Childcare(family)
-Christmas Tree Sales
-Church
-Clinic
-Communications Facilities
-Office,Business and Professional
-Parking Lot,Parking Garage
-Personal Wireless Facilities(Height 35 feet or less)
-Personal Improvement( t rthe- f 8:00 A r A 5:00 PM„ e than 12 students
-Professional activities
-Limited Retail Sales(up to 2,000 square feet)
Uses Requiring a Conditional Use Permit
-Childcare(Daycare Center)
-Childcare(Group)
-Flex Space
-Kennel
-Mortuary
-Nursery,Plant Materials
-Nursing/Convalescent Home
-Industry Research and Development
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-Research Activities
-Public Service Facilities
-School,Public or Private.
2.14 The commercial parcels noted on the plat as Lots 22 21-25, Block 11, shall be permitted to have
zero (0) side setbacks along the common parcel lines between said lots. The side lot line (west
property line)of Lot 22,Block 11, shall be 10-feet. Lots 23, 24 and 25,Block 11 shall be permitted
to have zero rear setbacks along the common parcel lines between said lots. All other setbacks for
these lots shall be measured from the subdivision boundary lines.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone modification
(RZ-05-02 MOD7) 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 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; and
b. The public facilities needed for this site already exist to serve any future 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; and
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 pursuant to the provisions of
the development agreement modification.
DATED this 25th day of January 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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J 'fierce,Mayor
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Tracy E.Os rn,Eagle City Clerk 4 i
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