Findings - CC - 2017 - RZ-02-03 MOD3 - Modification To The Rezoe With Da Associated With Lot 49, Blk 1 With Coast To Coast Subdivision Aka Laguna Pointe SubdivisionBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A MODIFICATION TO THE REZONE WITH
DEVELOPMENT AGREEMENT ASSOCIATED
WITH LOT 49, BLOCK 1, WITHIN COAST TO
COAST SUBDIVISION (aka LAGUNA POINTE
SUBDIVISION) FOR PREMIER INDUSTRIAL, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-02-03 MOD3
The above -entitled development agreement modification application came before the Eagle City Council for
their consideration on January 24, 2017, at which time the application was continued to February 28, and to
March 28, 2017, at which time public testimony was taken and the public hearing was closed. The Council
continued the application to April 11, 2017, and requested the applicant provide a letter addressing several
issues of concern raised by the Council. On April 11, 2017, the application was continued to April 25, 2017,
at which time the Council made their decision. 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:
Premier Industrial, LLC, represented by David Sterling with T -O Engineers, 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 modify the
commercial uses and building size permitted on Lot 49, Block 1. The 1.51 -acre site is located on the
north side of East Riversedge Drive approximately 260 -feet east of Eagle Road at 112 East
Riversedge Drive.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 15, 2016. Supplemental
information, as requested by the Council, was received by the City of Eagle on April 19, 2017.
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 January 4,
2017. 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 January 2, 2017. The site was posted in accordance with the Eagle City Code
on January 9, 2017.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 13, 2004, the Eagle City Council approved an annexation, rezone, conditional use permit,
preliminary development plan, and preliminary plat applications for Laguna Pointe PUD. (A-2-
03/RZ-2-03/CU-5-03/PPUD-1-03/PP-3-03)
On February 8, 2005, the Eagle City Council approved a comprehensive plan amendment from
Residential Two (up to two dwelling units per acre) to Mixed Use and a development agreement
modification affecting the 9.31 -acre portion of the site located on the western side of the development
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(Lots 16, 17, and 49, Block 1). (CPA -01-04 & RZ-02-03 MOD)
On June 28, 2005, the Eagle City Council approved the Laguna Pointe Subdivision design review
application. (DR -30-05)
On June 20, 2006, the Eagle City Council approved a final development plan and final plat application
for Laguna Pointe Subdivision. (FPUD-1-06 and FP -2-06)
On January 9, 2007, the Eagle City Council approved the Entry Feature and Monument Sign for
Laguna Pointe Subdivision. (DR -109-06)
On February 12, 2008, the Eagle City Council approved a design review sign application modifying
the entry signage for Laguna Pointe Subdivision. (DR -109-06 MOD)
On July 9, 2013, the Eagle City Council approved a second development agreement modification
application to allow residential units to be constructed on Lots 16 and 17, Block 1. (RZ-02-03 MOD2)
On December 11, 2014, the Eagle Design Review Board approved a design review application to
modify the landscaping at the entrance to Laguna Pointe Subdivision. (DR -30-05 MOD)
On January 27, 2015, the Eagle City Council approved an appeal of DR -30-05 MOD for a design
review application to modify the landscaping at the entrance to Laguna Pointe Subdivision. (AA-01-
15/DR-30-05 MOD)
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Residential Two
No Change
Residential Two
Residential Two
Residential Two
Residential Two
ZONING
DESIGNATION
MU -DA (Mixed Use with a
development agreement)
No Change
R -2-P (Residential - PUD)
R -2 -DA -P (Residential with
a development agreement,
PUD)
R -2 -DA -P (Residential with
a development agreement,
PUD)
MU -DA (Mixed Use with a
development agreement)
LAND USE
Vacant Parcel
No Change
South Channel of Boise
River & Island Woods
Subdivision
Single-family residential
(Laguna Pointe
Subdivision)
Single-family residential
(Laguna Pointe
Subdivision)
South Eagle Road
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: 1.512 -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 December 15, 2016 (attached to the
staff report).
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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 applications for annexation, rezone with
development agreement, conditional use permit, preliminary planned unit development, and
preliminary plat(A-02-03/RZ-02-03/CU-05-03/PPUD-01-03/PP-03-03 [Coast To Coast
Subdivision]) and their responses are attached to the corresponding staff report dated July 28, 2004.
Ada County Highway District
Chevron Pipe Line Company
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Joint School District No. 2
M. LE LEERS 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:
• The Comprehensive Plan Land Use Map currently designates this site as:
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.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
ARTS AND CRAFTS SHOWS (OUTDOOR): Display and sale of painting, sculpture,
handicrafts and similar objects.
BAR: An establishment for which a license under title 3, chapter 2, articles A, B, and/or C of this
code is required where the principal business is the sale and consumption of alcoholic beverages
on the premises, but not including bars within restaurants.
BED AND BREAKFAST FACILITY: An owner occupied facility providing overnight
accommodations and breakfast food service to no more than twelve (12) guests at any one time.
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No cooking shall be allowed in guestrooms and only breakfast food shall be provided to guests.
Bath facilities shall be shared by no more than two (2) guestrooms.
MICROBREWERY: A small brewery, generally producing fewer than ten thousand (10,000)
barrels of beer and ale a year and frequently selling its products on the premises. Also called
boutique brewery, brewpub. Tasting rooms for the consumption of on-site produced beer is
permitted on the premises.
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 restauranteur or by a separate entity, and shall be allowed under the same
use classification as the restaurant when operated within a restaurant.
• Eagle City Code Section 8-2-1 — 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 twenty (20) 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, 8-2-4: Schedule of Building Height and Lot Area Regulations:
Zoning
District
Maximum
Height
MU (135'
Front
20'
Rear
30'
Interior
Side
7.5'
Street
Side
20'
Maximum
Lot Covered
Minimum Lot Area
(Acres Or Sq. Ft.)
Minimum Lot
Width
150% 115,000 -square feet 1150'
• Eagle City Code Section 8-4-5: Schedule of Parking Requirements:
Type of Use 11 Off Street Parking Spaces Required
1
Hotels, motels 1 1 for each sleeping room, plus 1 for each 2 employees
Restaurants, 1 per 150 square feet of gross floor area; plus 1 per 35 square feet dance
dining rooms, floor
taverns,
nightclubs,
etc.
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C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Conditions of Development #2.6 through #2.9 from RZ-02-03 MOD (as approved by the City Council
on February 8, 2005, with underline and strike through as approved by the Council at that time):
2.6 The land zoned Mixed Use, herein referred to as "Mixed Use Area" includes an office site
adjacent to Eagle Road and a restaurant/specialty shop site adjacent to the internal lake (see
Exhibit B, [attached to the development agreement]) and shall be permitted 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 restaurant/specialty shop site shall be permitted a maximum of 12,000 square feet
for a two-story building for a restaurant with bar/lounge. An open-air deck is permitted
to extend off of the east side of the second story. The final size and configuration of the
deck shall be at the discretion of. and determined by the Design Review Board. Said
building may also include a clubhouse area, banquet rooms, and or health and fitness
facilities. Substantial landscape screening, to be reviewed and approved by the Design
Review Board, shall be required along the north and south property lines;
2.6.3 A maximum of 5,000 square feet of building area shall also be permitted for the
restaurant/specialty shop site for those uses listed below. An open-air deck is permitted
to be constructed on top of the single story portion of the building that is located on the
northeast side of the main restaurant/specialty building . The deck is permitted to extend
off of the northwest and southeast sides of this portion of the building. The final size and
configuration of the deck shall be at the discretion of. and determined by the Design
Review Board. The floor area for these uses shall be adjacent to the two story building
and shall be limited to single story. The following Mixed Use zoning district uses shown
as permitted and conditional uses in Eagle City Code shall be the only uses permitted for
this building area:
Artist studios
Arts and crafts shows
Bar (must be upscale in nature and included as an ancillary part of the main restaurant
facility)
Beauty/barber shop
Bed and breakfast facility
Catering service
Club or lodge
Food and beverage sales (This use is to be small scale and included with the specialty
shops)
Health clubs, spas, weight reduction salons
Home and business service
Massage spa
Museum
Office, business and professional
Personal improvement
Personal services
Photographic studio
Professional activities
Restaurant (no drive thru)
Retail sales (This use is to be small scale and included with the specialty shops)
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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 In the MU -DA zone only, any/all activities conducted outside of a building shall be prohibited
from utilizing sound amplification at any time. This provision shall also apply to the R -E -DA -P
and the R -2 -DA -P zones, so as to prohibit commercial entertainment and/or commercial musical
events. Furthermore, all outdoor activities must meet the requirements of the City of Eagle noise
ordinances. The Laguna Pointe CC&Rs shall reference Eagle City Code 4-9-3 and additionally,
include the following language:
In the MU -DA zone only, any/all activities conducted outside of a building shall be prohibited
from utilizing sound amplification at any time.
Eagle City Code Section 4-9-3: PUBLIC DISTURBANCE NOISE PROHIBIThD:
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, it shall be unlawful for any person or business to make or cause loud or offensive noise
by means of voice, musical instrument, horn, radio, loudspeaker, automobile, machinery,
other sound amplifying equipment, or any other means which disturbs the peace, quiet, and
comfort of any reasonable person of normal sensitiveness residing in the area. Loud or
offensive noise is that which is plainly audible within any residence or business other than the
source of the sound, or upon a public right of way or street at a distance of one hundred feet
(100') or more from the source of such sound.
B. Due to extreme heat during the summer months of June, July and August construction noise
may begin at six o'clock (6:00) A.M. (Ord. 457, 9-9-2003)
C. Due to extreme heat during the summer months of June, July and August landscape
maintenance noise may begin at six o'clock (6:00) A.M. (Ord. 457, 9-9-2003)
Conditions of Development #2.6 through #2.9 from RZ-02-03 MOD2 (as approved by the City
Council on July 9, 2013, with underline and strike through as approved by the Council at that time):
2.6 The land zoned Mixed Use, herein referred to as "Mixed Use Area" includes an office site
adjacent to Eagle Rd located on Lot 49. Block 1. and a -r tcaraa','
te-the-inrd Lala single-familv 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
12,000 guars- et Torr
dkshall-ba at srn s;
building re/Ay al s cr i me
entia1 lar.
Dead, UE1
The single-
family residential use located on Lots 16 and 17. Block 1. shall have the following
setbacks:
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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 A weania�utiv af- 5,000 -sq f et of-buildin
arws ::all t.130 -he -permitted -for -the
this -b
Artist -studies
BaE(muustbeepseala ir. :utur . .
faeility)
Beauty/barber hop
Cate
Club -or lodge
Food e ale(Thi i; to be r x-11 Goal„
shePs)
Heme-and-business-sepiiee
Massage -spa
Museum
Offkv, baair.ess-and
Pcrsaraa: improvement
Personal
Phottographic-studio
tib tilt iYeeii1ty--shops)
Eagle City Code Sectio:: 1 9 PUBLIC DISTURBANCE NOISE PROHIBITED:
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• pra.ikited
racy, it g..u-21 : . . . .. xi to v
noise by—mean- of voiee,mutual i:.atr.uft ent, ht, ., tiva ertd�peal£e�— 1�
�tru� t1� peace,
ua tkat : it' -i wy residence bu roes s other
tliui. i s c oc a e nd, or u�,r.. a jxik is ri
..1
B.Due-to extreme -haat & rir. JurL, euly
.. .
I e.
C. Due to extreme heat during the summer months of ma, Jul, and Augazt lu-dseape
r, at ain o'clock (6:00) A.M. (Ord. 157, 9 9 2003)
Lots 16 and 17. Block 1. shall not be further subdivided.
D. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
E. FINAL PLAT NOTES WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
Plat Note #10 on the final plat of Coast to Coast Subdivision states, "An easement exists for the
purpose of public access to the Boise River over Lot 49, Block 1. In addition, there are 10 (ten)
parking stalls within Lot 49, Block 1, for the use of/by the public. See Sheet 2 of 9." "Public Access
Easement Instrument No. 106154234 (See Note 10)" is shown over Lot 29, Block 1 on Sheet 2 of the
final plat.
F. DISCUSSION:
• The applicant is requesting the following:
1) To increase the maximum square footage of building area on Lot 49, Block 1 from 12,000
square feet to 16,000 square feet.
2) To allow the construction of up to two, two-story structures on Lot 49, Block 1.
3) To identify the following uses as "P" Permitted uses within the development agreement:
Arts and Crafts Shows
- Bar, ancillary to a restaurant
Microbrewery
Bed and Breakfast Facility
Requests #1 & 2
In the applicant's written narrative, date stamped by the city on December 15, 2016, the stated
reasoning for the request to allow up to two, two-story structures is to minimize the building's
footprint to create additional space for required parking. As a result, requests 1 & 2 should
be considered together. Staff supports the request for items 1 and 2 provided the minimum
parking requirements are met. The overall design, lot layout, and parking configuration will
be reviewed with a future design review application for the site.
Reauest #3
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The definition of a "Bar" in Eagle City Code Section 8-1-2 pertains to stand-alone bar
establishments and is not permitted in the MU zone. A "Restaurant" as defined in Eagle City
Code Section 8-1-2 includes the provision of a bar, provided it is ancillary to the restaurant
use (see definition above). If the Council approves a restaurant use on Lot 49, Block 1, then
a bar will be considered permitted within the restaurant (as identified above). However,
adding the clarifying provision for a "Bar" (ancillary to a restaurant) to the development
agreement would be appropriate if the Council determines that additional clarity of allowed
land uses for future property owners is warranted.
• In addition to the applicant's request #1-3 identified above, staff recommends Council
consideration of the following matters for potential inclusion into the development agreement.
The approved final plat for Coast to Coast Subdivision includes a plat note which states, "An
easement exists for the purpose of public access to the Boise River over Lot 49, Block 1. In
addition, there are 10 (ten) parking stalls within Lot 49, Block 1, for the use of/by the public. See
Sheet 2 of 9."
The note on sheet 2 of 9 states, "Public Access Easement Instrument No. 106154234 (See Note
10).
While ten parking spaces for use by the public technically exist on Lot 49, to date, the spaces
have not been developed and access to East Riversedge Drive has not been constructed. At the
time this plat note was required, it was anticipated that the parking area would be developed in
conjunction with the commercial development of the lot. As noted herein, Lot 49 has not been
developed do date, and thus, the provision of public parking has not been achieved.
Staff has discussed this matter with the applicant and the applicant is willing to partner with the
City to bring a temporary parking area (for eight (8) spaces) to fruition on Lot 49. In its
undeveloped condition, Lot 49 contains sufficient area for the construction of eight temporary
gravel parking spaces. Staff recommends Council consideration of an agreement with the
applicant that would contain provisions for City -improvement of the temporary parking area and
access to the lot from the adjacent street. Planning and Zoning staff has discussed this possible
approach with the City's Trails Coordinator and will be prepared to offer suggestions and cost
considerations to the Council during the meeting to facilitate an agreement if the Council
determines that the development of a temporary public parking area is appropriate at this time.
In addition, and as part of the agreement, the applicant has expressed interest in working with the
City and ACHD to minimize pedestrian/vehicle conflicts in the area by enhancing the crosswalks
and adding signage to better direct the flow of pedestrian traffic in the area. Also of interest to
the applicant is to seek the assistance of the City to work with lTD to prohibit parking along
Eagle Road near the entrance of Laguna Point Subdivision. If the City and applicant can reach
an agreement to develop temporary parking on Lot 49 and employ pedestrian safety
enhancements in the area (as noted above), then the prohibition of parking on Eagle Road (via
the adoption of an ordinance stipulating such) may be appropriate for consideration as parking
and access to the river would be achieved from Lot 49. To clarify, parking would occur on Lot
49 and the public would access the pathway along the south channel of the Boise River at its
current entry point on Eagle Road — the public would park and walk along the internal sidewalk
west to the sidewalk on Eagle Road and then traverse north to the pathway.
Development agreement conditions to reflect the above discussion on temporary parking may be
identified as follows:
1) The City is permitted to construct an access point from East Riversedge Drive to Lot 49,
Block 1, in accordance with all requirements of the Ada County Highway District for public
f)
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vehicle access to the temporary parking area located on Lot 49, Block 1. The City shall
coordinate the location of the access point with Owner prior to construction.
2) The City is permitted to construct a gravel parking area to accommodate eight (8) temporary
parking spaces for public parking upon Lot 49, Block 1, for access to the Boise River and the
public pathway along the river. The City shall coordinate the location of the parking spaces
upon Lot 49 with Owner prior to construction. The City and Owner agree that the eight (8)
temporary parking spaces will be replaced by four (4) exclusive river/pathway access parking
spaces upon development of the commercial use on Lot 49. The Owner will be responsible
for the construction of the four (4) exclusive river/pathway access parking spaces with
development of Lot 49. The Owner agrees to coordinate the location of the four (4) exclusive
river/pathway access parking spaces with the City during the design review application
process for the development of Lot 49.
3) The City will install signage on Lot 49, Block 1, indicating that the eight (8) temporary
parking spaces are available for public use for access to the Boise River and pathway along
the river. The signage should identify that the parking area is open for use during daytime
hours only (dusk until dawn), consistent with other city -owned and operated park/trail
facilities.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the conditions of
development provided within the staff report.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on March 28, 2017, at which
time testimony was taken and the public hearing was closed. The Council continued the application
to April 11, 2017, and requested the applicant provide a letter addressing several issues of concern
raised by the Council. On April 11, 2017, the application was continued to April 25, 2017, at which
time the Council made their decision.
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
on April 25, 2017, upon request by the Council. The Zoning Administrator provided a verbal
summary of the letter provided by the property owner to the west of the site (Timothy Phillips — 198
E. Riversedge Drive, Lot 48, Block 1). The letter addressed concerns raised by the Council during
their deliberation on the application following the public hearing and is considered part of the
response provided by the applicant as requested by the Council.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-02-03 MOD3 for a development agreement modification for Premier
Industrial, LLC, for Lot 49, Block 1, within Coast to Coast Subdivision with the following conditions of
development to be placed within a modified development agreement:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development
Agreement. Further, Owner will submit such applications regarding floodplain development permit
review, design review, preliminary and final plat reviews, and/or any conditional use permits, if
applicable, and any other applicable applications as may be required by the Eagle City Code, which shall
comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise
provided within this Agreement.
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3.2 Owner shall complete the Design Review process for the site (as required by the Eagle City Code), and
shall comply with all conditions required by Eagle as a part of the Design Review prior to issuance of a
building permit.
3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the Project. As
the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur
or be required. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan and notice shall be provided as may be required by the City.
3.4 Lot 49, Block 1, shall be permitted a maximum of 16,000 square feet of commercial building area, which
may include up to two, two (2) story structures. Notwithstanding the foregoing, upon development, the
site shall comply in all respects with the minimum parking requirements identified within Eagle City
Code Title 8 Chapter 4.
3.5 All MU (Mixed Use) zoning district uses shown as permitted in Eagle City Code Section 8-1-2 and the
following conditional uses in Eagle City Code shall be permitted on Lot 49, Block 1:
Arts and Crafts shows
Bed and Breakfast Facility
Microbrewery
It is acknowledged that a Restaurant is a permitted use within the MU zoning district and that a Bar is
permitted within the Restaurant, as allowed by definition of Restaurant pursuant to Eagle City Code
Section 8-1-2.
3.6 The City is permitted to construct an access point from East Riversedge Drive to Lot 49, Block 1, in
accordance with all requirements of the Ada County Highway District for public vehicle access to the
temporary parking area located on Lot 49, Block 1. The City shall coordinate the location of the access
point with Owner prior to construction.
3.7 The City is permitted to construct a gravel parking area to accommodate eight (8) temporary parking
spaces for public parking upon Lot 49, Block 1, for access to the Boise River and the public pathway
along the river. The City shall coordinate the location of the parking spaces upon Lot 49 with Owner prior
to construction. The City and Owner agree that the eight (8) temporary parking spaces will be replaced
by four (4) exclusive river/pathway access paved parking spaces upon development of the commercial
use on Lot 49. The Owner will be responsible for the construction of the four (4) exclusive river/pathway
access paved parking spaces with development of Lot 49. The Owner agrees to coordinate the location
of the four (4) exclusive river/pathway access paved parking spaces with the City during the design review
application process for the development of Lot 49.
3.8 The City will install signage on Lot 49, Block 1, indicating that the eight (8) temporary parking spaces
are available for public use for access to the Boise River and pathway along the river.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-02-03 MOD3)
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 was previously determined to be in accordance with the
Residential Two classification shown on the Comprehensive Plan Land Use Map and remains so
today (the property is a part of the Laguna Point Planned Unit Development (PUD) which permitted
commercial uses as part of, and within the PUD;
b. The information provided from the agencies having jurisdiction over the public facilities needed for
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this site previously indicated that public facilities exist to serve any and all uses allowed on this
property under the zone.
c. The MU -DA zone was previously determined to be compatible with the zoning and land uses to the
south, north, west and east and remains so today;
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 since the Council determined that the proposed structures can be designed to minimize the
potential negative impacts on adjacent property owners, the proposed uses will be harmonious with
the surrounding area, and adequate parking will be made available for all users of the site.
DATED this 9th day of May 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
A 1'1EST:
Sharon . Bergmann, Eagle City)Clerk
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