Findings - CC - 2017 - RZ-09-00 MOD - Modify Allowed Uses For Piccadilly Village SubdivisionBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION FOR MARK BUTLER
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-09-00 MOD
The above -entitled development agreement modification application came before the Eagle City Council for
their action on December 13, 2016. 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:
Mark Butler, is requesting a development agreement modification to modify condition of
development #2.6 associated with the allowed uses permitted on the commercial lots (Lots 12 and
14, Block 1) located within Piccadilly Village Subdivision. The 2.36 -acre site (consisting of two lots)
is located on the southeast and southwest comers of East Hill Road and South Echohawk Lane at 207
and 220 South Echohawk Lane.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 14, 2016.
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 November 28,
2016. 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 November 22, 2016. The site was posted in accordance with the Eagle City
Code on December 2, 2016.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 9, 2001, the City Council approved the findings of fact and conclusions of law for a
rezone with development agreement, conditional use permit, planned unit development, and
preliminary plat for Piccadilly Village Subdivision. (RZ-09-00/CU-09-00/PPUD-06-00 & PP -09-00)
On April 10, 2001, the City Council approved a design review application for the common area
landscaping within Piccadilly Village Subdivision. (DR -54-00)
On February 12, 2002, City Council approved a final development plan and final plat for Piccadilly
Village Subdivision. (FPUD-03-01/FP-06-01)
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION
Existing Mixed Use MU -DA -P (Mixed Use with
a development agreement -
PUD)
Proposed No Change No Change
North of site Mixed Use and
Residential Three
South of site Mixed Use
East of site Commercial
West of site Mixed Use
MU -DA (Mixed Use with a
development agreement)
MU -DA -P (Mixed Use with
a development agreement —
PUD)
C -3 -DA (Business Park
with a development
agreement)
MU -DA (Mixed Use with a
development agreement)
LAND USE
Vacant parcels
Commercial
Vacant parcel (Proposed
Redstone Ranch
Subdivision)
Single-family residential
(Piccadilly Subdivision)
Vacant property
Great Sky Estates
Subdivision (commercial
area)
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: 2.36 -acres (approximate)
H. APPLICANT'S STATEMENT OF JUSTIFICATION OF A MODIFICATION TO THE
DEVELOPMENT AGREEMENT:
See applicant's justification letter date stamped by the City on November 14, 2016, (attached to the
staff report).
I. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Utilities and services will be required to be installed with the development of the site.
J. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
K. NON -CONFORMING USES:
Based upon the information available, the proposed rezone modification will not create any
noncompliance issues with regard to provisions of the Eagle City Code.
L. AGENCY RESPONSES:
The following agencies previously responded to the original application for the rezone with
development agreement, conditional use permit, preliminary planned unit development, and
preliminary plat(RZ-09-00/CU-09-00/PPUD-06-00/PP-09-00) and their responses are attached to
the staff report dated August 18, 2000.
Ada County Highway District
Ada County Street Name Committee
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Central District Health
Eagle Fire Department
Eagle Sewer District
Meridian Joint School District No. 2
M. LETTERS FROM THE PUBLIC: None received to date.
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 REGARING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
ARTIST STUDIOS: Workspace for artists and artisans, including individuals practicing one of the
fine arts or performing arts, or skilled in an applied art or craft.
CLUB OR LODGE: A building or portion thereof or premises owned or operated by an organized
association of persons for a social, literary, political, educational or recreational purpose primarily
for the exclusive use of members and their guests; but still not including any organization, group or
association, the principal activity of which is to render a service usually and ordinarily carried on as
a business.
EMERGENCY SERVICES: Provision of emergency medical care transportation, fire protection and
police protection, including incidental storage and maintenance and parking of emergency and
emergency related vehicles.
FOOD AND BEVERAGE SALES: Retail sales of food and beverages for off site preparation and
consumption. Typical uses include groceries, liquor stores, delicatessens, or bakeries, and exclude
convenience stores and catering services.
HEALTH CLUBS, SPAS, WEIGHT REDUCTION SALONS: Establishments with equipment for
exercise and physical conditioning.
HOME AND BUSINESS SERVICES: Provisions of recurrently needed services for business and
residential uses. Uses include upholsterers, photocopying and small printshops.
NURSING/CONVALESCENT HOME: Establishments providing care on a twenty four (24) hour
basis for persons requiring regular medical attention, but excluding facilities providing surgical or
emergency medical services. This classification also includes senior assisted living facilities with
provisions for shared kitchen facilities and rooms with private bathrooms.
OFFICES, MEDICAL AND DENTAL: Offices used for conducting the affairs of a physically or
mentally related medical or dental profession, service or industry and generally furnished with desks,
tables, files, and communication equipment.
PERSONAL IMPROVEMENT: Provision of instructional services or facilities, including
photography, fine arts, crafts, dance or music studios, driving schools, riding academies, business and
trade schools, diet centers, reducing salons, and fitness studios.
PERSONAL SERVICES: Any enterprise conducted for gain which primarily offers services to the
general public such as shoe repair, watch repair, barbershops, beauty parlors, massage therapy, and
similar activities.
PHOTOGRAPHIC STUDIO: An establishment for taking or developing photographs on site for a
fee or compensation.
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PRINTING AND/OR BLUEPRINTING: An establishment providing printing, blueprinting,
photocopying, graphic design, engraving, binding, or related services.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2.4 The Property shall be permitted to be developed with approximately 4.3 acres consisting of a
maximum of 3.7 dwelling units per acre (16 -units total) and approximately 2.6 acres consisting of a
maximum of 28,000 gross square feet of commercial buildings. The Owner acknowledges that the
minimum Eagle City Code parking and landscaping requirements may limit the square footage to
less than 28,000 square feet.
2.5 The maximum size for any individual commercial building shall be 10,000 square feet.
2.6 The following permitted and conditional uses shall be the only allowed uses within the 2.6 acres
planned for commercial buildings noted in section 2.4 above.
Permitted Uses
-Horticulture(general)
-Horticulture(limited)
-Roadside Stand (temporary structure)
-Home Occupation
-Planned Unit Development
- Bed and Breakfast Facility
-Beauty/Barber Shop
-Catering Service
-Childcare(family)
-Christmas Tree Sales
-Church
- Clinic
-Communications Facilities
- Emergency Health Care
-Laboratories
-Office, Business and Professional
-Parking Lot, Parking Garage
-Personal Wireless Facilities (Height 35 -feet or less)
-Professional Activities
-Restaurant (no drive thru, up to 5,000 square feet)
-Limited Retail Sales (up to 2,000 square feet)
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Uses Requiring a Conditional Use Permit
-Childcare (Daycare Center)
-Childcare (Group)
-Flex Space
-Food and Beverage Sales (up to 1,500 square feet)
- Kennel
-Mortuary
- Nursery, Plant Materials
-Nursing /Convalescent Home
- Industry Research and Development
-Research Activities
- Public Service Facilities
-School, Public or Private
E. DISCUSSION:
• The property is zoned MU -DA -P (Mixed Use with a development agreement — PUD). The northern
portion of the site (Lot 12 and 14, Block 1, Piccadilly Village Subdivision) was approved to be
developed with commercial uses and the southern portion of the site (approximately 4.3 -acres) was
approved to be residential and is developed with 16 -residential lots. The approved commercial uses
on the site were limited through the PUD and the development agreement so the uses would
complement and not compete with the existing uses located within the downtown.
• Condition of Development #2.6 contained within the executed development agreement (Instrument
# 101099270) identifies "Permitted Uses" and "Uses Requiring a Conditional Use Permit." The
applicant is requesting to modify Condition of Development 2.6 by adding eleven (11) new permitted
uses, moving two (2) uses from "Uses Requiring a Conditional Use Permit" to "Permitted Uses," and
removing three (3) uses from "Uses Requiring a Conditional Use Permit." The two (2) uses the
applicant has requested to move from "Uses Requiring a Conditional Use Permit" to "Permitted
Uses," are food and beverage sales (up to 1,500 square feet) and nursing/convalescent homes. The
applicant is requesting to remove the 1,500 square foot size limitation from the food and beverage
sales use and limiting the nursing/convalescent home and restaurant (no drive thru, up to 5,000 square
feet) uses to Lot 14, Block 1. The applicant is also requesting to increase the limited retail sales use
in size from 2,000 square feet to an 8,400 square feet in size limitation.
• The eleven (11) new uses being proposed as "Permitted Uses" are also permitted uses within the MU
(Mixed Use) zoning district pursuant to Eagle City Code Section 8-2-3. One of the proposed
"Permitted Uses" is club of lodge. The applicant should be required to provide further clarification
(examples) regarding the specific type of use(s) that are proposed and/or anticipated under this
designation. Staff would recommend a conditional use permit be required for a club or lodge to be
located on the site.
• Based on the applicant's request to move the food and beverage sales use from "Uses Requiring a
Conditional Use Permit" to "Permitted Uses" and remove the 1,500 square foot limitation, as
previously mentioned the uses were limited to complement the uses located within the downtown.
Since the time of the original approval several commercial centers have been constructed within the
city outside of the downtown area and those commercial centers have not had a detrimental effect on
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the downtown businesses. Staff supports allowing food and beverage sales as a permitted use.
• In regard to the applicant's request to move the nursing/convalescent home use from "Uses Requiring
a Conditional Use Permit" to a "Permitted Use" on Lot 14, Block 1 only, staff is supportive of the
request provided the structure is limited to a maximum of two (2) stories in height.
• As previously identified the commercial uses were approved through the PUD and the development
agreement. Staff recommends that if approved the development agreement should identify the uses
as approved in the development agreement should supersede the approved uses within the associated
PUD.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
development agreement modification with Condition of Development #2.6 to be modified as provided within
the staff report.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on December 13, 2016, 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 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 opposition to nor in favor of the proposal was presented to the City Council by
four (4) individuals who indicated the following concerns:
• The traffic associated with the commercial uses on the site may impact the residents of the subdivision
due to the subdivision having only one (1) ingress/egress street providing access.
• The buildings should be limited to one (1) story in height.
• Some of the businesses may have late night hours.
• The subject property may be developed with a retail strip mall.
• The site should be developed with office uses.
• The architecture of the commercial buildings should be reviewed and approved by the Piccadilly
Village Subdivision Homeowner's Association.
• Parking may be an issue due to the commercial uses.
• The hours of operation should be restricted.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-09-00 MOD for a development agreement modification to modify
condition of development #2.6 associated with the allowed uses permitted on the commercial lots (Lots 12
and 14, Block 1) with underline text to be added by the Council and strike through text to be deleted by the
Council:
2.6 The following permitted and conditional uses shall be the only allowed uses within the 2.6 acres
planned for commercial buildings noted in section 2.4 above.
Permitted Uses
-Horticulture(general)
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-Horticulture(limited)
-Roadside Stand (temporary structure)
-Home Occupation
-Planned Unit Development
- Artist Studios
-Bed and Breakfast Facility
-Beauty/Barber Shop
-Catering Service
- Chi car)
-Christmas Tree Sales
- Church
-Clinic
-Communications Facilities
-Electronic Sales. Service. or Repair Shop
-Emergency Health Care
-Emergency Services
-Food and Beverage Sales
-Health Clubs, Spas, Weight Reduction Salons
-Home and Business Services
-Laboratories
-Office, Business and Professional
-Office, Medical and Dental
- Nursing/Convalescent Home (Lot 14. Block 1 only)
-Parking Lot, Parking Garage
-Personal Improvement
-Personal Services
-Personal Wireless Facilities (Height 35-feet or less)
-Photographic Studio
-Printing and/or Blueprinting
-Professional Activities
-Restaurant (no drive thru, up to 57000 2,500-square feet) (Lot 14, Block 1 only)
-Limited Retail Sales (up to 2,000 8,400-square feet)
Uses Requiring a Conditional Use Permit
-JiiL,N a (Grog)
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- Flex Space
-Kennel
-Mortuary
- Nursery, Plant Materials
-Industry Research and Development
- Research Activities
- Public Service Facilities
-School, Public or Private
All commercial structures shall be limited to one (1) story in height and designed with a residential
character with Ditched roofs. The aesthetics and design of the commercial structures shall be reviewed
and approved by the Piccadilly Village Subdivision Homeowner's Association. Written approval of
the architectural design from the Piccadilly Village Subdivision Homeowner's Association shall be
submitted with the design review application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-09-00 MOD)
development agreement modification 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 -P is in accordance with the Mixed Use classification 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 indicate that public facilities exist to serve any and all uses allowed on this property under
the zone.
c. The MU -DA -P zone has previously been determined to be compatible with the zoning and land uses
to the south, north, west and east;
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 modification to the development
agreement.
DATED this 10th day of January 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
haron . Bergmann, Eagle City lerk
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