Findings - CC - 2016 - RZ-11-08 MOD2 - Modification To Rezone Da To Allow For An Auto Repair/Tire StoreBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A MODIFICATION TO THE REZONE
WITH DEVELOPMENT AGREEMENT
ASSOCIATED WITH REYNARD SUBDIVISION
FOR M3 COMPANIES, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-11-08 MOD2
The above -entitled rezone with development agreement modification application came before the Eagle
City Council for their consideration on May 10, 2016, at which time the public hearing was continued to
May 24, 2016. The Council made their decision at that time. 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:
M3 Companies, LLC, represented by Scott Wonders with J -U -B Engineers, Inc., is requesting a
modification to the rezone development agreement (Instrument #113066481) associated with the
approved Reynard Subdivision. The modification request is to modify Condition of Development
#3.3.1 to allow for an auto repair/tire store. The 80.02 -acre site is generally located on the north
side of West Chinden Boulevard (Highway 20-26) approximately 340 -feet west of the intersection
of North Fox Run Avenue and West Chinden Boulevard (Highway 20-26) at 990 West Chinden
Boulevard (Highway 20-26).
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on March 31, 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
April 25, 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 April 22, 2016. The site was posted in accordance with the
Eagle City Code on April 29, 2016.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 16, 2008, the City Council approved a Comprehensive Plan Map and Text
amendment changing the land use designation on the Comprehensive Plan Land Use Map from
Mixed Use and Professional Office to Commercial for the property located on the northeast corner
of Linder Road and Chinden Boulevard (US 20/26). This action also approved an annexation and
a rezone with development agreement from RUT (Rural Urban Transition) to C -3 -DA (Highway
Business District with a Development Agreement) (CPA-5-08/A-03-08/RZ-8-08).
On March 9, 2010, the City Council approved a Comprehensive Plan Map amendment changing
the land use designation from Public/Semi-Public and Transitional Residential to Mixed Use and
Comprehensive Plan text amendinent associated with the Rim View Planning Area; an annexation
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and rezone from RUT (Rural -Urban Transition - Ada County designation) to MU -DA (Mixed Use
with a development agreement) (CPA-07-08/A-05-08/RZ-11-08).
On April 9, 2013, the City Council approved a development agreement modification and
preliminary plat for Reynard Subdivision, a 241 -lot (206 buildable, 2 commercial, and 33
common) (RZ-11-08 MOD and PP -05-12).
On May 23, 2013, the Design Review Board approved a design review application for the
common area landscaping and pool house located within Reynard Subdivision (DR -14-13).
On May 23, 2013, the Design Review Board approved a design review application for monument
signage for Reynard Subdivision (DR -15-13).
On July 23, 2013, the City Council approved the final plat for Reynard Subdivision No. 1 for M3,
Companies (FP -08-13).
On April 17, 2014, the Reynard Subdivision No. 1 final plat was recorded at the Ada County
Recorder's office.
On July 23, 2013, the City Council approved the final plat for Reynard Subdivision No. 2 for M3,
Companies (FP -09-13).
On April 18, 2014, the Reynard Subdivision No. 2 final plat was recorded at the Ada County
Recorder's office.
On September 9, 2014, the City Council approved the final plat for Reynard Subdivision No. 3 for
M3 Companies (FP -06-14).
On December 22, 2014, the Reynard Subdivision No. 3 final plat was recorded at the Ada County
Recorder's office.
On September 9, 2014, the City Council approved the final plat for Reynard Subdivision No. 4 for
M3 Companies (FP -12-14).
On December 24, 2014, the Reynard Subdivision No. 4 final plat was recorded at the Ada County
Recorder's office.
On December 16, 2014, the City Council approved the final plat for Reynard Subdivision No. 5
for M3, Companies (FP -06-14).
On October 15, 2015, the Reynard Subdivision No. 5 final plat was recorded at the Ada County
Recorder's office.
On January 27, 2015, the City Council approved the final plat for Reynard Subdivision No. 6 for
M3, Companies (FP -20-14).
On October 22, 2015, the Reynard Subdivision No. 6 final plat was recorded at the Ada County
Recorder's office.
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
COMP PLAN
DESIGNATION
Mixed Use
No Change
North of site Residential Estates
South of site
East of site
West of site
Meridian AOI
Transitional Residential
Residential Estates,
Transitional Residential,
Commercial
ZONING
DESIGNATION
MU -DA (Mixed Use with
Development Agreement)
No change
RUT and RI (Ada County
designations)
RUT (Rural -Urban Transition
Ada County designation)
RI (Ada County designation)
and MU -DA (Mixed Use with a
development agreement)
RUT (Rural - Urban Transition
— Ada County designation), R
(Ada County designation), and
C -3 -DA (Commercial Highway
District with Development
Agreement)
LAND USE
Residential and commercial
development
No change
Winward River Heights,
Bodily & Bunderson Springs
Residential Subdivisions
Vacant Parcels
Foxtail Subdivision and
agricultural ground that is
proposed for residential
development
Vacant Parcel, Bodily &
Bunderson Spring
Subdivision No. 2, Eagle
Island Marketplace
commercial development
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. SITE DATA:
Total Acreage of Site —
Total Number of Lots
80.02 -acres
— 241
Total Number of Units —
Residential — 206
Commercial — 2
Industrial — 0
Common — 33
Single-family - 206
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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.
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J. NON -CONFORMING USES: None are apparent on the site.
K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (RZ-11-08 MOD
and PP -05-12) and their correspondence is attached to the staff report and incorporated herein by
reference:
Ada County Highway District
Boise River Flood Control District #10
Central District Health
Chevron Pipe Line Company
COMPASS
Idaho Department of Lands
Idaho Transportation Department
Meridian Fire Department
Middleton Irrigation Association and Middleton Mill Ditch Co.
Republic Services
L. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Nancy Sweitzer, date stamped by the City on May 10, 2016.
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:
AUTOMOTIVE GAS STATION/SERVICE SHOP: Buildings and premises where gasoline, oil,
grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail and
where, in addition, the following services may be rendered and sales made:
A. Sales and service of spark plugs, batteries and distributors' parts;
B. Tire servicing. and repair, but not recapping or regrooving;
C. Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses,
floormats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors
and the like;
D. Radiator cleaning and flushing;
E. Washing, polishing and sale of washing and polishing materials;
F. Greasing and lubrication;
G. Providing and repairing fuel pumps, oil pumps, lines;
H. Minor servicing and repair of carburetors;
I. Adjusting and repairing brakes;
J. Minor motor adjustment not involving removal of the head or crankcase or racing the motor;
K. Sales of cold drinks, packaged food, tobacco and similar convenience goods for service station
customers, as accessory and incidental to principal operations;
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L. Provisions of road maps and other informational materials to customers and provision of
restroom facilities; and
M. Warranty maintenance and safety inspections.
Uses permissible at an automotive gas station/service shop do not include major mechanical and
body work, straightening of body parts, painting, welding, storage of automobiles not in operating
condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent
greater than normally found at an automotive gas station/service shop. An automotive gas
station/service shop is not a repair garage nor a body shop.
AUTOMOTIVE REPAIR: The repair, rebuilding or reconditioning of motor vehicles or parts
thereof, excluding collision service, painting and steam cleaning of vehicles.
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
Automotive Gas Station/Service Shop and Automotive Repair are prohibited uses in the MU
(Mixed Use) zoning district.
• 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 (1010) 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.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
D. DISCUSSION:
• The applicant is requesting a modification to the Amended and Restated Development
Agreement (Instrument #113066481) associated with RZ-11-08 MOD for Reynard Subdivision
to amend Article III, "Conditions of Development." The requested modification is to modify the
permitted uses within the commercial area. The applicant is requesting a modification to allow
an automotive repair and tire store use. Pursuant to Eagle City Code Section 8-1-2, Rules and
Definitions, a tire store is accessory to an Automotive Gas Station/Service Shop. Automotive
Repair and Automotive Gas Station/Service Shop are prohibited uses 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
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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 original approval associated with the subject site consisted of a 60.4 -acre Residential Use
Area (inclusive of open space), a 23.4 -acre MU -DA (Commercial) Use Area, and a 5.2 -acre
Neighborhood Business Use Area (as shown on the following map). The MU -DA (Commercial)
Use Area was limited to 210,000 square feet of enclosed building area. The Neighborhood
Business Use Area was limited to 55,000 square feet of enclosed building area. The uses
approved within the MU -DA (Commercial) Area were as follows:
o Computer Store
o Book Store
o Restaurants (including drive thru)
o Banks/financial institutions (including drive thru)
o Specialty food stores (not greater than 25,000 sq. ft. of floor area)
o Specialty retailers
o Fitness centers
o Sporting goods stores
o Entertainment centers (i.e., movies, games, miniature golf, etc.)
o Home improvement stores
o Furniture stores
o Retail pharmacies
o Garden centers as secondary use to primary retailer
o Theater
o Feed/seed retail
Wilson
RZ-1 1-(88
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11117. refined per Tenant's building footprint_
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In 2013, the development agreement was modified (in part, and at the applicant's request) to
reduce the approved commercial area from 28.6 -acres to 1.74 -acres in size (as shown on the
following map). The uses approved within the Mixed Use Commercial Area were as follows:
• Church
• Computer Store
• Book Store
• Restaurants (including drive thru)
• Banks/financial institutions (including drive thru)
• Specialty retailers
• Fitness centers
• Sporting goods stores
• Retail pharmacies
• Office, business and professional
• Professional activities
Residential Area
Residential Area
so Area: (1.74 •1i ii•.}
It( sulonital -\rrd: 178.24 At r''•: 'O(, l nits ! 1.1 (111 .0
fug Run fart ol: 1.1.M tuts . 1 un•I .n
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• The applicant provided a "First Amendment to Amended and Restated Development
Agreement," date stamped by the City on May 4, 2016. The applicant's "First Amendment to
Amended and Restated Development Agreement," shows Condition of Development #3.3.1, to
include Automotive Repair & Tire Store as a permitted use. In addition, the applicant has also
added Condition of Development #3.3.1.1, which limits the location of the proposed Automotive
Repair Shop & Tire Store to the westernmost commercial lot. The expanded Condition of
Development also limits the hours of operation, restricts outdoor storage, and requires that the
building be designed with four-sided architecture. Staff supports the applicant's request to allow
for an automotive repair use to be permitted on-site and believes the Council can make favorable
findings pursuant to ECC 8-6-4 to allow for this use with the requested modifications to the
development agreement, however, an additional requirement should be added that all automotive
work is to take place within the building. With regard to allowing a tire store use (Automotive
Gas Station/Service Shop) on the subject site, staff believes an Automotive Gas Station/Service
Shop use would be too intense for the site due to the proximity of residential homes located
north of the commercial area.
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:
Based on the information provided to staff to date, staff recommends approval of the following
modifications to the amended and restated development agreement (Instrument #113066481) with
underline text to be added by staff:
3.3 The uses areas depicted on the Development Site Plan (herein referred to as "Use Areas") shall be
subject to the following use, size and/or density limitations:
3.3.1 For the "Commercial Mixed Use Area" consisting of approximately 1.74 -acres as indicated
on the Development Site Plan, the permitted uses shall be all those that are permitted or
conditional uses identified under the Mixed Use District in Eagle City Code 8-2-3 except for
the following uses, which are prohibited:
• Cemetery
• Circuses and Carnivals
• Drive in Theater
• Kennel
• Mortuary
If the permitted and conditional uses in the MU zoning designation are expanded, such
expanded uses shall be allowed as permitted or conditional uses as the case may be. As
depicted on the Development Site Plan, the Commercial Mixed Use Area shall be limited to
1.74 -acres. Commercial Mixed Use Area development shall be subject to design review
compliance, with design review approval by Eagle consistent with Eagle City Code. Any
commercial building shall be set back a minimum of eighty (80) feet from any existing
adjacent residential structure. Foxtail shall endeavor to locate one or more of the following
uses in the Commercial Mixed Use Area:
• Church
• Computer Store
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• Book Store
• Restaurants (including drive thru)
• Banks/financial institutions (including drive thru)
• Specialty retailers
• Fitness centers
• Sporting goods stores
• Retail pharmacies
• Office, business and professional
• Professional activities
• Automotive Repair
3.3.1.1 Automotive repair use shall be limited to the westernmost commercial lot within
the Commercial Mixed Use Area while maintaining compliance with all required setbacks.
Hours of operation for anv automotive repair shop shall be limited to 7:00 AM to 6:00 PM
Monday — Friday and 8:00 AM — 5:00 PM on Saturday. There shall be no outdoor storage
of tires. parts. or any other items related to the automotive repair shop. All automotive
repair of vehicles shall be conducted within the interior of the automotive repair shop.
Architectural design (Exhibit "A") on anv automotive repair use shall take into account all
four sides of the building and will be subject to design review compliance, with design
review approval by Eagle consistent with Eagle City Code.
PUBLIC HEARING OF THE COUNCIL:
A. The application came before the City Council on May 10, 2016. The public hearing was continued to
May 24, 2016, at which time public 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 16 -individuals who
expressed the following concerns:
• Increase of traffic within the subdivision due to the proposed use.
• Traffic will have to enter the subdivision to access the automotive repair/tire shop business.
• Pedestrian safety due to the increase of traffic.
• Who will maintain the entrance road into the subdivision?
• An automotive repair/tire shop is not compatible with the adjacent residential subdivision.
• Objectionable noise created from the operation of air tools.
• The display of advertisement in proximity to the proposed use.
• The style of architecture is not compatible with the existing residences located within the
subdivision.
• The operators of the automotive repair/tire shop business may utilize the streets located within the
residential area to test vehicles.
• The area is nicely landscaped and the allowance of an automotive repair/tire shop business at this
location may impact the landscaped area.
• Based on an automotive repair/tire shop business being located in proximity to the residential
homes it may cause property values to decrease.
• The existing buffering berm located north of the proposed use is not substantial to mitigate the
impacts to the existing residences located north of the proposed automotive repair/tire shop
business.
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• The access to the property where the proposed automotive repair/tire shop would be located is in
proximity to the existing residential units located north of the commercial lots.
• There is a tire shop being constructed within Eagle Island Marketplace located immediately west
of the proposed automotive repair/tire shop business and an additional tire shop is not needed.
• The proposed automotive repair/tire shop use does not benefit the residents residing within the
subdivision (Reynard Subdivision).
• The access road located between Reynard Subdivision and Eagle Island Marketplace should be
closed.
• The proposed automotive repair/tire shop use will negatively impact the air quality.
COUNCIL DECISION:
The Council voted 4 to 0 to deny RZ-11-08 MOD2 for a modification to the Conditions of Development
and associated exhibits within the development agreement (Instrument #113066481) associated with the
site for Reynard Subdivision. A favorable decision would be provided if a proposed use was compatible
with the adjacent residential neighborhood and there was no objectionable noise created from a business
located within the commercial area.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
11-08 MOD2) 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 modification is
not in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
The proposed use associated with the MU -DA (Mixed Use with a development agreement)
commercial area rezone modification is not compatible with the residential uses located adjacent to the
site due to the excessive noise and traffic that will be generated. Additionally, the design of the
proposed use (building architecture) is not compatible with the surrounding residential architecture.
Additionally, an Automotive Repair business is a prohibited use within the MU (Mixed Use) zoning
district.
DATED this 12th day of July, 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
haron . Bergmann, Eagle City Cl rk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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