Findings - CC - 2018 - RZ-12-08 MOD2 - Modification To The Rezone With DaBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
FOR A MODIFICATION TO THE REZONE
WITH DEVELOPMENT AGREEMENT FOR
RESTORED COMMUNITY CHURCH
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-12-08 MOD2
The above -entitled rezone with development agreement modification application came before the Eagle
City Council for their action on January 9, 2018, 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:
Restored Community Church, represented by Jim Main with Design West Architects, is requesting
a modification to amend and restate the rezone development agreement associated with the rezone
previously approved for Abundant Life Baptist Church (RZ-12-08 and RZ-12-08 MOD). The
5.78 -acre site is generally located approximately 1,000 feet east of North Park Lane on the south
side of West Floating Feather Road at 3633 West Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, November 15, 2017. The rezone with
development agreement modification request was received by the City of Eagle on November 16,
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
December 19, 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 December 22, 2017. The site was posted in
accordance with the Eagle City Code on December 28, 2017.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 26, 2005, the City Council made a recommendation to Ada County Board of County
Commissioners to approve a Conditional Use Permit and Master Site Plan for West Valley Baptist
Church (05-03-CU/05-04-MSP — Ada County application).
On March 10, 2009, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition — Ada County designation) to A -R -DA (Agricultural -Residential — up to one (1)
dwelling unit per five (5) acres with a development agreement) for Abundant Life Baptist Church
(A-06-08/RZ-12-08).
On April 14, 2009, the City Council approved a design review application to convert a residential
dwelling to a church facility and construct a building addition for Abundant Life Baptist Church
(DR -03-09).
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On April 14, 2009, the City Council approved a design review application to allow one (1)
monument sign for the Abundant Life Baptist Church (DR -04-09).
On May 29, 2009, the development agreement associated with the project was executed by both
parties and subsequently recorded at the Ada County Recorders Office on June 2, 2009
(Instrument #109064085).
On January 24, 2012, the City Council approved a development agreement modification for
Abundant Life Baptist Church (RZ-12-08 MOD).
On March 13, 2012, the development agreement modification associated with the project was
executed by both parties and subsequently recorded at the Ada County Recorders Office on April
18, 2012 (Instrument #112035884).
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
F.
G.
H.
I.
J.
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Neighborhood Residential
No Change
Neighborhood Residential
Public/Semi-Public
Neighborhood Residential
Neighborhood Residential
ZONING
DESIGNATION
A -R -DA (Agricultural -
Residential with a
development agreement)
No Change
R -E (Residential -Estates)
PS (Public/Semipublic)
RUT (Rural -Urban
Transition - Ada County
designation)
R -E -DA (Residential -
Estates with a development
agreement)
LAND USE
Church Facility
Expansion of the church
facility
Cavallo Estates Subdivision
School (Eagle High School)
Single-family
dwelling/Pasture
Single-family dwelling
(proposed Eusterman
Subdivision)
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
TOTAL ACREAGE OF SITE: 5.78 -acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter attached to the staff report and incorporated herein by
reference.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
NON -CONFORMING USES: None are apparent on the site.
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K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (A-06-08/ RZ-12-
08) and their correspondence is attached to the staff report and incorporated herein by reference:
Ada County Highway District
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Fire
Idaho Transportation Department
Ringert Law (Drainage District No. 2)
L. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
A. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2A Design Review Overlay District
8-2A-7: Landscape and Buffer Requirements:
J. Buffer Areas/Common Lots
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use, a ten foot (10') wide by
six foot (6') high landscaped buffer is required.
• Eagle City Code Section 8-3-3 Supplemental Yard and Height Requirements:
D. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40')
to any lot line of a residential district; except that the minimum yard requirements may be
reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening
approved by the council is provided. Such screening shall be a masonry or solid fence between
four (4) and eight feet (8') in height, maintained in good condition and free of all advertising or
other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land
not less than twenty feet (20') in width planted with an evergreen hedge or dense planting of
evergreen shrubs not less than four feet (4') in height at the time of planting.
• Eagle City Code Section 8-4-3: Design and Maintenance:
A. Paving: The required number of parking and loading spaces as set forth in this chapter,
together with driveways, aisles and other circulation areas, shall be improved with material
such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt surfaces
shall not be permitted.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.3 The applicant shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed and required landscape buffer areas
adjacent to W. Floating Feather Road, and the eastern and western boundaries, 3) separated
sidewalk adjacent to W. Floating Feather Road, 4) useable amenities such as picnic pavilion,
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structures associated with the amphitheater, and storage building, and/or similar amenities, and 5)
location of future building and associated parking area. The design review application shall be
reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the
issuance of a building permit.
3.4 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 Agricultural - Residential
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 A -R 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 A -R zoning designation shall require a
conditional use permit.
The following use which is shown as "C" conditional use under the A -R zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be a
permitted use on the Property. A separate application shall be submitted for a conditional use
permit for a height exception.
• Church
3.5 The existing home (to be converted to a church) may continue to utilize the existing well and
septic, however when a new church facility is constructed the owner shall connect to municipal
water and central sewer services.
3.6 Encroachments including, but not limited to, trees, landscaping, fencing, lighting, drainage
discharges, and/or pathways shall not be located within any easement or right-of-way for any ditch,
pipe or other structure, or canal used for irrigation water or irrigation waste water without the
express written approval of the organized irrigation district, drainage districts, canal company,
ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or
canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to
issuance of a zoning certificate for the church facilities.
3.7 Should the applicant alter the location of the existing irrigation ditch on the property the applicant
shall comply with Idaho Code § 42-1207: Change of Ditch, Canal, Lateral, Drain or Buried
Irrigation Conduit. The applicant shall provide correspondence from the respective irrigation
district or canal company approving any modification to the existing irrigation system prior to
receiving a zoning certificate for construction of proposed improvements.
3.9 If the applicant submits a building permit application as required by the building code, complies
with the building code requirements for the change of use, and receives a certificate of occupancy
issued by the City of Eagle Building Official, the applicant shall be allowed to use the premises
and real property in its current conditions with any improvements and/or modifications required by
the building code for a church use during the time the other work outlined in the Development
Agreement is being performed. No design review will be required for the principal dwelling.
3.9.1 During the period of time the work outlined in the Development Agreement is being
completed, the building occupancy load for church services in the existing principal
dwelling shall be capped at 49 — if permitted by the building code and Eagle Fire
Department after complying with 3.9 above.
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C. DISCUSSION
• The applicant is requesting a modification to amend and restate the original development
agreement (Instrument #109064085) associated with RZ-12-08 and RZ-12-08 MOD (previously
approved for the Abundant Life Baptist Church). One reason for the request is due to the property
being under new ownership and the current owner's desire to expand the existing church due to
the congregation growth they are experiencing. The site currently consists of a church, office, and
storage building. The applicant is requesting the modification to allow the following:
1) updated concept plan;
2) future expansion of the church facility;
3) improvements to be shown with a future design review application;
4) permit the use of the existing well and septic for the church facility until such time a new
church facility is constructed;
5) permit the use of the premises and real property in the current condition for the church use
during the time the work outlined in the development agreement is being performed and
completed;
6) provide water service to a fire hydrant located on site as part of the first phase building
expansion;
7) defer the right-of-way improvements (sidewalk, curb, and gutter) until a new church facility is
constructed on the northern portion of the property; and
8) defer paving the driveway and parking areas, including any required landscaping until such time
the new church facility is constructed on the northern portion of the property.
Item #1
The applicant has provided a site layout, date stamped by the city on November 16, 2017, which
identifies the existing building (with proposed expansion), office, existing gravel parking area,
gravel parking lot and driveway (to be constructed), gravel driveway providing access to the site,
future building phase, and future parking phases. If approved by the City Council, the site layout
plan may be utilized as the updated concept plan.
Item #2
A previous modification to the development agreement (Instrument #112035884) was approved to
permit the residence on the site to be converted to the existing church facility. The maximum
occupancy was limited to 49 individuals. The modification also permitted two (2) existing
dilapidated storage buildings to be replaced and an existing accessory structure to be converted to
the existing office. This request is to permit an addition to the existing church. The condition
should include provisions to permit the expansion of the church in the future.
Item #3
The applicant's narrative, date stamped by the city on November 16, 2017, outlines the items to be
shown on a future design review application. As described within the provide narrative, those
items will include:
1) planting details within the proposed and required landscape buffer areas located adjacent to
Floating Feather Road;
2) separated sidewalk located adjacent to Floating Feather Road;
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3) usable amenites (i.e. picnic pavilion, amphitheater, and/or storage buildings, and/or similar
amenities; and
4) general location of future buildings and associated parking. The previous owner received design
review approval to construct a monument sign in 2009 (DR -04-09). The monument sign as not
been constructed to date.
The applicant should be required to submit a design review application for any signage proposed
on site. As identified in Item #2 above, the applicant is also requesting to expand the existing
church facility. The proposed expansion should be identified in the development agreement and
should require design review approval. The future improvements should be shown to provide the
city with the proposed locations and a generalized timeframe for the completion of those
improvements.
Items #4-6
The existing church is currently served by a potable well and septic system. The applicant is
proposing to provide water service to the site for a fire hydrant. The existing church facility will
remain connected to the potable well. The applicant is also requesting to continue the use of the
existing septic system until such time the first phase expansion (addition to existing church
facility) is constructed. The church will be connected to a central system at that time. The
Amended and Restated Development Agreement should contain a condition of development which
states, "The existing church facility may continue to be served by the potable well located on site.
Prior to expansion of the existing church facility, the applicant should provide central water and a
fire hydrant located in proximity to the church facility. The existing church facility may be served
by the septic system until such time the church facility is expanded at which time the church
facility should be connected to central sewer. At the time of the church expansion, the applicant
should be required to provide a sewer permit with the building permit application for the
expansion. A certificate of occupancy for the church expansion will not be issued prior to the
applicant providing a fire hydrant internal to the site and connecting the expanded church facility
to central sewer."
Item #7
The applicant is requesting to defer the West Floating Feather Road improvements until a new
church facility is constructed on the northern portion of the property. The north four (4) acres of
the site where the new church facility and parking is proposed is being farmed utilizing the
existing open concrete ditch and siphon tubes. The open concrete ditch is located approximately
15 -feet from West Floating Feather Road. If the applicant is required to construct the required
improvements located adjacent to West Floating Feather Road the sidewalk would be located
between the irrigation ditch and the land being farmed making it difficult to continue irrigating the
crops. If the City Council permits the applicant to postpone the construction of the required
improvements located adjacent to West Floating Feather Road a condition of development should
be added to the development agreement that states, "The required improvements (i.e. curb, gutter,
detached sidewalk, etc.) located adjacent to West Floating Feather Road should be completed prior
to issuance of a certificate of occupancy for a new church facility located within the northern half
of the Property."
Item #8
The applicant is requesting to defer paving the existing access driveway and parking areas,
including any required landscaping, until such time the new church facility is constructed on the
northern portion of the property. The access driveway and parking area is currently improved with
an all-weather surface material. The reason for the request is directly correlated to the size of the
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congregation and tithing for funding of future projects. The applicant indicated the congregation is
still growing; therefore, they would like to concentrate the bulk of the current funding to expansion
of the current facility. Pursuant to Eagle City Code Section 8-4-3, parking areas, together with
driveways, aisles and other circulation areas, are to be improved with asphalt or concrete, to
provide a durable and dust free surface. Gravel or dirt surfaces are not permitted. If the City
Council permits the applicant to continue utilizing an all-weather surface material for the existing
access driveway and parking area a condition of development should be added to the development
agreement that states, "The access driveway and parking areas associated with existing church
facility should be improved with a gravel all-weather surface material. The access driveway and
parking area should be reviewed and approved by the Eagle Fire Department prior to issuance of a
certificate of occupancy for a future expansion of the existing church facility. The gravel all-
weather surface is only approved for the expansion of the existing church facility."
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
If the City Council approves the development agreement modification, then staff recommends an Amended
and Restated Development Agreement be executed with the conditions of development to be placed in the
development agreement as shown within the staff report.
PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council on January 9, 2018, 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 (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-12-08 MOD2 for a development agreement modification for
Restored Community Church, with the following staff recommended conditions of development to be
placed in an Amended and Restated Development Agreement with text shown with underline to be added
by the Council and text shown with strikethrough to be deleted by the Council:
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.
3.2 Owner shall submit a design review application showing at a minimum: 1) proposed signage, 2)
planting details within the proposed and required landscape buffer areas adjacent to W. Floating
Feather Road, and the eastern and western boundaries, 3) detached sidewalk adjacent to W. Floating
Feather Road, 4) useable amenities such as picnic pavilion, structures associated with the
amphitheater, and storage building, and/or similar amenities, and 5) location of future building
expansions, new buildings, and associated parking area(s). The design review application shall be
reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the
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
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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 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 Agricultural - Residential
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 A -R 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 A -R zoning designation shall require a conditional use
permit.
The following use which is shown as "C" conditional use under the A -R zoning designation within
Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be a permitted use
on the Property. A separate application shall be submitted for a conditional use permit for any height
exception.
• Church
3.5 The existing church facility may continue to be served by the potable well located on site. Prior to
construction of the addition to extaffsien-e€ the existing church facility (planned 2,802 sauare-foot
addition to the existing 2.622 sauare foot existing building) Owner shall provide central water and a
fire hydrant (utilizing notable water from a central water system) located in proximity to the existing
church facility. The existing church facility may be served by the septic system until such time the
existing church facility is expanded at which time the existing church facility (and addition) shall be
connected to central sewer. • . . . • . . • •, • wner shall be required to provide
a sewer permit with the building permit application for the expansion addition to the existing church
facility. A certificate of occupancy for the church addition to the existing church facility will not be
issued prior to Owner providing a fire hydrant internal to the site and connecting the e*panieled
existing church facility (and addition) to central sewer.
3.6 Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal
used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district, canal company, ditch association, or other irrigation entity associated
with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written
approval from the irrigation entity prior to issuance of a zoning certificate for the church facilities.
3.7 Should the Owner alter the location of the existing irrigation ditch on the property the applicant shall
comply with Idaho Code §42-1207: Change of Ditch, Canal, Lateral, Drain or Buried Irrigation
Conduit. The applicant shall provide correspondence from the respective irrigation district or canal
company approving any modification to the existing irrigation system prior to receiving a zoning
certificate for construction of proposed improvements.
3.8 All outdoor events shall comply with Eagle City Code Section 4-9 Loud Amplification Devices:
Noise Ordinance.
3.9 The required improvements (i.e. curb. gutter. detached sidewalk. etc.) located adiacent to West
Floating Feather Road may be deferred until a new church is constructed within the northern half of
the Property.
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3.10 The access driveway and parking areas associated with existing church facility shall be improved
with a gravel all-weather surface material. The access driveway and parking area shall be reviewed
and approved by the Eagle Fire Department prior to issuance of a certificate of occupancy for a
future expansion of the existing church facility. The gravel all-weather surface is only approved for
the expansion of the existing church facility. Should the Owner terminate the agricultural use
occurring within the northern half of the Property, the Owner shall pave the access driveway and
parking areas, located internal to the Property within one (1) year of the termination of the
agricultural use.
CONCLUSIONS OF LAW:
1 The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
12-08 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 is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a) The requested zoning designation of A -R -DA (Agricultural -Residential with a development
agreement) is equal to or less than the Residential One designation 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 adequate public facilities exist, or are expected to be provided, to serve
any and all uses allowed on this property under the proposed zone;
c) The proposed A -R -DA (Agricultural -Residential with a development agreement) zone is
compatible with the (Rural -Urban Transition — Ada County designation) zone and land use to the
east since the Comprehensive Plan designates that area as Transitional Residential and the
applicant will be required to provide a buffer to the existing residential use;
d) The proposed A -R -DA (Agricultural -Residential with a development agreement) zone is
compatible with the R -E -DA (Residential -Estates with a development agreement) zone and land
use to the west since the Comprehensive Plan designates that area as Residential One and that area
is being developed with a 2 -lot residential subdivision and the applicant will be required to provide
a buffer to the residential uses;
e) The proposed A -R -DA (Agricultural -Residential with a development agreement) zone is
compatible with the R -E (Residential -Estates -up to one (1) unit per two (2) acres) zone and land
use to the north since the residential subdivision located north of this property is separated by W.
Floating Feather Road and a landscaped berm adjacent to the road;
f) The proposed A -R -DA (Agricultural -Residential with a development agreement) zone is
compatible with the PS (Public/Semi-Public) zone and land use to the south since Eagle High
School is located in this area and the high school sports fields are located adjacent to this property;
g) The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan; and
h) No non -conforming uses are expected to be created with this rezone if the conditions to be placed
within the development agreement are achieved.
DATED this 13th day of February 2018.
,,,,,.,„,1,,,,,,,,I
oF•AGLF
CITY COUNCIL ;`..,- ie. 0R A TF•�Aft''EST:
OF THE CITY OF EAGLE : (Jt o
Ada County, Idaho - :c.) ,f,' ‘,_:0
•% ' 6Y T NiPO c,.9.
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'•.,� TATE O ,�.��
Stan Ridgeway, Mayor '•••..u...+,` Sharon K. Bergmann, Eagle C(ty Clerk
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