Findings - CC - 2022 - RZ-05-02 MOD7 - Da Modification (Da In Lieu Of A Pud) BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION(DEVELOPMENT )
AGREEMENT IN LIEU OF A PUD)FOR )
THE BRIDGES AT LAKEMOOR FOR )
PAUL STEPHENS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-05-02 MOD7
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:
Paul Stephens, represented by Brittnee Elliott, is requesting a development agreement modification to
modify condition of development #3.5 (associated with Restaurant [with drive-through]) of the
executed Third Amended and Restated Development Agreement(Bridges at Lakemoor)(Ada County
instrument #2017-023755). The 25.58-acre site is located at the southeast corner of East Colchester
Drive and South Eagle Road approximately one-third mile north of Chinden Boulevard.
B. APPLICATION SUBMITTAL:
The rezone with development agreement modification request was received by the City of Eagle on
October 6, 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 23,
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 28,2022.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 9,2016,the City Council approved a rezone with a development agreement,modifications
to the preliminary plat and original development agreement associated with Lakemoor Subdivision
(RZ-05-02 MOD4/RZ-03-16/PP-03-05 MOD2).
On September 13, 2016, the City Council approved a development agreement modification to update
the Concept Plan associated with Area "D" (identified in the overall site plan [Exhibit A2] contained
within the executed development agreement — instrument #113103020) of the Lakemoor
development, modify the commercial guidelines, and create a stand-alone development agreement for
the site associated with the Bridges of Lakemoor(RZ-05-02 MODS).
On February 11, 2020, the City Council approved a development agreement modification to modify
the condition of development relating to setbacks within Lakemoor Subdivision(RZ-05-02 MOD6).
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For additional property history see: A-91/ RZ-2-91/PP-91 / CPA-4-02/A-3-02/RZ-5-02 / PP-03-05 /
FP-13-05/FP-14-05 /RZ-05-02 MOD/PP-03-05 MOD/FP-04-13 /FP-07-13 /FP-08-15 /RZ-05-02
MOD3 /FP-02-16.
E. COMPANION APPLICATIONS:None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with Lakemoor Subdivision
development agreement)
Proposed No Change No Change Modification of the The
Bridges at Lakemoor
development agreement
North of site Mixed Use MU-DA(Mixed Use with Single-family dwellings
development agreement [in and two(2)commercial
lieu of a PUD]) lots—Lakemoor
Subdivision No. 3
South of site Mixed Use MU-DA(Mixed Use with a Single-family attached
development agreement[in dwellings and two(2)
lieu of a PUD]) commercial lots—
Lakemoor Subdivision No.
8
East of site Not in Eagle Area of MU-DA(Mixed Use with a Boise City Wastewater
Impact development agreement [in facility
lieu of a PUD])
West of site Neighborhood R-2(Residential) Single-family residences
Residential
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 25.58-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter, date stamped by the City on October 6, 2021, and incorporated
herein by reference(attached to the staff report).
J. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
K. NON-CONFORMING USES: None are apparent on the site.
L. AGENCY RESPONSES:
The following agencies have previously responded with the previous application (RZ-05-02
MOD4) and their correspondence is attached to the staff report and incorporated herein by
reference:
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Ada County Highway District
City of Boise,Public Works Department(email received from John Tensen, City Engineer)
Central District Health
Eagle Fire Department
Tesoro Logistics(2)
West Ada School District
M. LETTERS FROM THE PUBLIC:None received to date.
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:None
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.
Restaurant(with drive-through)is a prohibited use in the MU(Mixed Use)zoning district.
• Eagle City Code, Section 8-6-4: Permitted Uses
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:
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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.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.5 Except for the limitations and allowances expressly set forth above and the other terms of
this Development 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.
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:
▪ Commercial Entertainment Facility(Indoor)
• Hotel
• Microbrewery
• Retail Sales(General)
• Retail Sales(Limited)
• Winery
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,Mobile Home,Travel Trailers,and/or Farm Implement Sales
• Cemetery;
• Circuses and Carnivals;
• Drive-In Theatre;
• Equipment Rental and Sales Yard;
• Kennel;
• Nursery, plant materials;
• Riding Academies/Stables;
• Small Engine Repair;
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• Storage(fenced area);
In addition, no more than one (1) Restaurant (with drive through) shall be permitted on
the area west of the center drive aisle running north to south on the Property, which area
is depicted on the Concept Plan (Exhibit B). Such restaurant (with drive through) shall
be associated with a fast casual restaurant or coffee shop.
3.5.1 If a building with a drive-through use is approved, Owner shall provide a minimum
forty-eight inch (48") buffer (berm, decorative block wall, cultured stone,
decorative rock, or similarly designed concrete wall) between the drive-through
lanes and the adjacent roadway to reduce the impact of the vehicles utilizing the
drive-through lane(i.e. vehicle headlights and vehicle cueing).
D. DISCUSSION (based on the executed Third Amended and Restated Development Agreement
(The Bridges at Lakemoor [Ada County instrument #2017-023755] and the Preliminary Site
Plan, date stamped by the City on October 6, 2021):
• Condition of Development#3.5 of the executed development agreement associated with The
Bridges at Lakemoor allows for one (1) restaurant (with drive-through) within the site. The
site currently has one(1)restaurant(with drive-through) located within the site. A Restaurant
(with drive-through) use is a prohibited use within the MU (Mixed Use) zoning district. 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. The applicant provided a Preliminary
Site Plan that identifies drive-through uses located at the south elevation of Shop 3 and at the
south elevation of Pad 1. The Preliminary Site Plan does not identify the type of drive-
through (i.e. bank, restaurant, etc.) proposed at these locations. However, the parking
calculation is based on 1/150 square feet which is equivalent to the required parking for
restaurants. Staff believes the Council can make a favorable finding, pursuant to Eagle City
Code 8-6-4, to allow for two (2) restaurants (with drive-through) due to the pandemic. In
regard to the drive-through lane associated with a restaurant (with drive-through) the drive
through lane should be screened so that the headlights from vehicles utilizing the drive-
through are screened from view. 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).
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 3.5 be modified to read as shown
within the staff report.
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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 no one(not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by eight (8)
individuals who indicated the following concerns:
• A negative impact to the surrounding streets due to additional traffic.
• The site does not have sufficient room for vehicle stacking for the drive-through window.
• The restaurant should provide curbside pick-up or take-out in lieu of a drive-through use.
• Colchester Drive located adjacent to the site is the only street which allows vehicles to turn south
on North Eagle Road.
• The large office buildings are currently empty; therefore, once they are occupied all of the uses
within the site will have a negative impact on the adjacent streets.
• The restaurant use should be restricted to dine-in only.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-05-02 MOD7 for a modification to the Third Amended and
Restated Development Agreement (The Bridges at Lakemoor) (recorded as Instrument No. 2017-
023755)with the following staff recommended modification to Condition of Development#3.5:
3.5 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:
• Commercial Entertainment Facility(Indoor)
• Hotel
• Microbrewery
• Retail Sales(General)
• Retail Sales(Limited)
• Winery
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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,Mobile Home,Travel Trailers, and/or Farm Implement Sales
• 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);
In addition, no more than two (2) Restaurants (with drive-through) use (shown at Shops 3 and
Pad 1 on the Concept Plan,Exhibit B)which is prohibited within said section of Eagle City Code
and on the entire Property, as noted above shall be permitted. Such restaurant (with drive
through)shall be associated with a fast casual restaurant or coffee shop.
3.5.1 Owner shall provide a minimum forty-eight inch(48")buffer(berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall) between the drive-
through lanes and the adjacent roadway to reduce the impact of the vehicles utilizing the
drive-through lanes(i.e. vehicle headlights and vehicle cueing).
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 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; 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.
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DATED this 25th day of January 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Ja on erce,Mayor
AT EST:
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'Cc
•.•` GLE
Tracy E.O rn,Eagle City Clerk `O:•' Oit E•••
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