Findings - CC - 2018 - RZ-09-00 MOD 2 - Development Agreement ModificationBEFORE 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 MOD2
The above -entitled development agreement modification application came before the Eagle City Council for
their consideration on November 28, 2017, at which time public testimony was taken. The application was
continued to allow the applicant time to work with the adjacent neighbors to address the concerns brought
forward during the public hearing. The application and revisions came before the Eagle City Council for their
action on December 12, 2017, 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:
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 corners 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 3, 2017. Supplemental
information was received on December 7, 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 November 11,
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 November 8, 2017. The site was posted in accordance with the Eagle City
Code on November 17, 2017.
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)
On December 13, 2016, the City Council approved a development agreement modification for Mark
Butler. (RZ-09-00 MOD)
Page 1 of 8
K:APlanning Dcptll aglc Applications \RZ &AA2000\RZ-09-1111 MOD2 cctdocx
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 MU -DA (Mixed Use with a
Residential Three development agreement)
South of site Mixed Use
East of site Commercial
West of site Mixed Use
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
Single-family residential
(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 letters, date stamped by the City on November 3, 2017, and December
7, 2017, (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
Page 2 of 8
K:\Planning Dept\Eagle Apphcations\R%&A\20011\R%.09.00 MOD2 cclldocx
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:
CHILDCARE FACILITY: Any facility where children regularly receive care and supervision,
usually unaccompanied by the children's parents, guardians or custodians, and regardless of whether
the facility does or does not provide any instruction. This use excludes the case of: a) the operator's
children or legal wards or children related by blood or marriage, b) occasional personal guests, and
c) children aged twelve (12) years and over. Any home, place, or facility providing overnight
custodial services for lodging or boarding for the occupants therein shall not be considered a childcare
facility.
There are three (3) types of childcare facilities:
A. Family daycare home: A childcare facility for six (6) or fewer children. Babysitting services are
an accessory use to residential uses.
B. Group daycare facility: A childcare facility for seven (7) to twelve (12) children.
C. Daycare center: A childcare facility for thirteen (13) or more children.
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 (#2.6 Modified with RZ-09-00 MOD).
Permitted Uses
- Horticulture(general)
- Horticulture(limited)
- Roadside Stand (temporary structure)
- Home Occupation
- Planned Unit Development
Page 3 of 8
K:\I'lanning DepAliagle Applications RZ&A\2000\RZ-09-00 MOD2 cclidocx
- Artist Studios
- Bed and Breakfast Facility
- Beauty/Barber Shop
- Catering Service
- 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 2,500 -square feet) (Lot 14, Block 1 only)
-Limited Retail Sales (up to 8,400 -square feet)
Uses Requiring a Conditional Use Permit
- Flex Space
- Mortuary
- Nursery, Plant Materials
-Industry Research and Development
- Research Activities
-Public Service Facilities
- School, Public or Private
Page 4 of 8
K:\Planning PepiUiagle ApplicaIions RZ&A\2000Ut%-09-O6 MOU2 ccf docx
All commercial structures shall be limited to one (1) story in height and designed with a residential
character with pitched 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.
E. DISCUSSION:
• Condition of Development #2.6 contained within the modified executed development agreement
(Instrument #2017-035055) identifies the only permitted and conditional uses that are allowed within
the commercial lots located within Piccadilly Village Subdivision. The applicant is requesting to
modify Condition of Development #2.6 by adding a Childcare Daycare Center/Pre-school as a
permitted use on Lot 14, Block 1 only. The applicant is also requesting that Restaurants (no drive
thru) be limited to 2,500 -square feet per restaurant with the allowance for additional square footage
(per restaurant) if approved in writing by the Piccadilly Village Subdivision Homeowner's
Association (Lot 14, Block 1 only).
• Condition of Development #2.6 of the original executed development agreement (Instrument
#101099270) recognized Childcare (Family) as a Permitted Use and Childcare (Daycare Center) and
Childcare (Group) as Uses Requiring a Conditional Use Permit. As part of the modification of the
development agreement, the childcare uses were removed from being permitted as an allowed use or
through a conditional use permit. The applicant's request to allow a Childcare Daycare Center/Pre-
school as a permitted used on Lot 14, Block 1, will be beneficial for the surrounding area. Lot 14,
Block 1, is located at the southwest corner of East Hill Road (collector) and State Highway 55
(principal arterial). Due to the existing traffic in the area and the location of the lot, a childcare facility
should not impact the immediate vicinity. Based on the location of the lot and the proximity of the
collector and principal arterial, a childcare facility (daycare center) (as defined pursuant to Eagle City
Code Section 8-1-2) should be permitted as an allowed use on Lot 14, Block 1, only.
• Condition of Development #2.6 of the modified development agreement (Instrument #2017-035055)
limits a restaurant (no drive thru, up to 2,500 -square feet) (Lot 14, Block only). The condition of
development is silent to the number of restaurants that may be permitted onsite. The applicant's
request is to provide further clarification to the condition of development to allow for more than one
(1) restaurant to be locate onsite. The applicant's request is to also allow additional square footage if
the request is approved in writing by the Piccadilly Village Subdivision Homeowner's Association.
However, the request is silent to maximum square footage permitted with an HOA approval. The
maximum size limitation with approval of the Piccadilly Village Subdivision Homeowner's
Association should be 3,500 -square feet. A Restaurant (with no drive thru) use is a permitted use
within the MU (Mixed Use) zoning district. Since the development agreement does not limit the
number of restaurants onsite, more than one restaurant could be located onsite, provided each
restaurant does not exceed the size limitation identified within the executed development agreement.
In regard to allowing additional square footage, if the request is approved in writing by the Piccadilly
Village Homeowner's Association the applicant should be required to provide the HOA's approval
at the time of submittal of a design review application.
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.
Page 5 of 8
K:\Planning Dept\Ifaglc AppIlcauons1RL&A\2000\RZ-09-00 MOD2 ccl.tlocx
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 28, 2017, at which
time testimony was taken and the public hearing was continued to December 12, 2017. 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
two (2) individuals who indicated they were not contacted regarding a proposed daycare facility. Their
concern is the amount of traffic that will be accessing the daycare facility from the private street
(Echohawk Lane). They did not feel Lot 14, Block 1, was an appropriate place to locate a daycare facility
since the traffic volumes associated with the daycare facility would make it difficult to access their homes.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-09-00 MOD2 for a development agreement modification for Mark
Butler to modify condition of development #2.6 associated with the allowed uses permitted on the commercial
lots (Lots 12 and 14, Block 1, within Piccadilly Village Subdivision) with underline text to be added 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)
- Horticulture(limited)
- Roadside Stand (temporary structure)
- Home Occupation
- Planned Unit Development
- Artist Studios
- Bed and Breakfast Facility
- Beauty/Barber Shop
- Catering Service
- Childcare Facility (Daycare Center) permitted on Lot 12, Block 1. with business hours limited to
7:00 a.m. to 7:00 p.m. and with direct access to be located at Wooddale Avenue and with any
access at Echohawk Lane restricted to emergency access only.
- Christmas Tree Sales
-Church
- Clinic
-Communications Facilities
-Electronic Sales, Service, or Repair Shop
- Emergency Health Care
- Emergency Services
Page 6 of 8
K:\Planning Dept \Eagle Applications\R%&A\2000ULZ-09-00 MOD2 ce[docx
- 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 2,500 -square feet) (Lot 14, Block 1 only) — additional square
footage may be permitted if approved in writing by the Piccadilly Village Homeowner's
Association. The HOA approval shall be provided with the submittal of a design review
application.
- Limited Retail Sales (up to 8,400 -square feet)
Uses Requiring a Conditional Use Permit
- Flex Space
-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 pitched 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 MOD2)
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:
Page 7 of 8
K:\Planning Dept \Eagle Applications\R%&A\2000\RZ-09-011 MOD2 ccl:docx
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 9th day of January 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
--Sharon K. Bergmann, Eagle ity Clerk
o`� EA04
�•......• ,F
• U ••� •
IA
•. ••....I••
�, "11TE OF ;Q•"
Page 8 of 8
K:\Planning DcpI Laglc Applica0ons\RL&A\2000\RL-09-0O MOD2 ccl docx