Findings - CC - 2018 - RZ-10-15 MOD - Modification To Allow Drive-Through Uses Within The Eagle Lakes Subd/BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION FOR TPC BROOKLYN
INVESTORS, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-10-15 MOD
The above -entitled rezone development agreement modification application came before the City Council for
their decision on March 27, 2018, at which time public testimony was taken and the public hearing was closed.
The 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:
TPC Brooklyn Park Investors, LLC, represented by John Rennison, is requesting a modification to
the rezone development agreement (Instrument #2016-091680) associated with the approved Eagle
Lakes Subdivision. The request for modification is to allow drive-through uses within the Eagle Lakes
Subdivision commercial area. The 75.5 -acre site is generally located on the south side of State
Highway 44, approximately 1,129 -feet west of the intersection of State Highway 55 and State
Highway 44.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on February 15, 2018.
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 March 12,
2018. 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 March 8, 2018. The site was posted in accordance with the Eagle City Code
on March 16, 2018.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 10, 2015, the Eagle City Council approved a rezone and preliminary plat for Eagle
Lakes Subdivision (RZ-10-15 and PP -07-15).
On January 14, 2016, the Eagle Design Review Board approved a design review application for the
common area landscaping, nineteen (19) apartment buildings, and a clubhouse within Eagle Lakes
Subdivision (DR -58-15).
On January 14, 2016, the Eagle Design Review Board approved a design review sign application for
a subdivision entry monument sign for Eagle Lakes Subdivision (DR -59-15).
On January 12, 2017, the Eagle Design Review Board approved a design review modification to
modify the common area landscaping, location of eighteen (18) apartment buildings, and clubhouse
within Eagle Lakes Subdivision (DR -58-15 MOD).
On January 30, 2017, the Zoning Administrator approved a lot line adjustment (associated with the
subject site) for TPC Brooklyn Park, Investors, LLC (LLA -01-17).
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On June 13, 2017, the Eagle City Council approved the final plat for Truman Cove Subdivision No.
1 (formerly known as Eagle Lakes Subdivision) (FP -01-17).
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION
Existing Mixed Use, Floodway, MU (Mixed Use)
and Scenic Corridor
Proposed
North of site
South of site
East of site
No Change
Business Park
Floodway and Eagle
Island Special Use Area
Mixed Use, Floodway,
and Scenic Corridor
West of site Mixed Use, Floodway,
and Scenic Corridor
MU -DA (Mixed Use with
Development Agreement
[in lieu of a PUD])
BP (Business Park) and MU
(Mixed Use)
RP (Rural Preservation —
Ada County designation)
MU (Mixed Use)
MU -DA (Mixed Use)
LAND USE
Vacant parcel
Mixed use development
including commercial,
retail, single-family, multi-
family residential.
State Highway 44, mobile
home park, and office
building
Boise River and vacant
parcel
Concrete business (Idaho
Concrete Company)
Proposed Tennis Club Plaza
and Renorvare Subdivisions
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: 75.5 -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 February 15, 2018, attached to the
staff report and incorporated herein by reference.
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: None are apparent on the site.
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-10-15/PP-07-15) and their responses are attached to the staff report dated
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September 18, 2015.
Ada County Highway District
Central District Health
COMPASS (Communities in Motion 2040 Development Checklist)
Eagle Fire Department
Idaho Department Fish and Game
Idaho Transportation Department
Tesoro Logistics NW Pipeline
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:
LAUNDRY:
A. With No Drive -Up Service: A business which launders and dry cleans clothing and other fabric
articles in bulk.
B. With Drive -Up Service: Institutions providing services accessible to persons who remain in their
automobiles. Drive -up service is classified separately because it is not appropriate at all locations.
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 restaurateur or by a separate entity, and shall be allowed under the same use
classification as the restaurant when operated within a restaurant.
RESTAURANT WITH DRIVE-THROUGH: A restaurant, typically with indoor seating, which
includes drive -up window service for ordering food to go.
• Eagle City Code Section 8-2-1: Districts Established:
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.
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• Eagle City Code, Section 8-2-3: Schedule of District Use Regulations:
Laundry (with drive -up service) requires a conditional use permit approval in the MU (Mixed Use)
zoning district.
Restaurant (with drive-through) is a prohibited use 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 (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 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. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.6 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 Mixed Use 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 MU 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 MU zoning designation shall require a conditional use
permit, except that the residential portions of the Property described in Section 3.3 shall not require
a conditional use permit.
The following uses which are shown as "C" conditional uses under the MU zoning designation within
Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be permitted uses
on the Property:
o Apartment
o Multi -family dwelling
o Daycare Center
o Commercial Entertainment Facilities (Indoor and Outdoor)
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o Hotel
o Nursing/Convalescent Home
o Parking Lot, Parking Garage, Commercial
o Retail Sales (General)
o Retail Sales (Limited)
o Storage (Enclosed Building)
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
• Residential, Mobile Home (Single Unit);
• Residential, Mobile Home (Single Unit Temporary Living Quarters);
• Residential, Mobile Home Park;
• Adult Business;
• Automotive washing facility;
• Cemetery;
• Circuses and Carnivals;
• Drive -In Theatre;
• Equipment Rental and Sales Yard;
• Kennel;
• Nursery, plant materials;
• Riding Academies/Stables;
• Small Engine Repair;
• Storage (fenced area);
E. DISCUSSION:
• The applicant is requesting a modification to the development agreement (Instrument #2016-091680)
associated with RZ-10-15 for the Eagle Lakes Subdivision to modify the permitted uses to allow for
drive-through uses for not more than ten percent (10%) of the gross land area of the subject property,
pursuant to the PUD code (Eagle City Code, Section 8-6-4 "Uses Permitted"). The development
agreement associated with 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 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 that the proposed uses will be compatible with the surrounding land uses.
• The applicant indicated within the provided narrative, date stamped by the City on February 15, 2018,
the corner building is intended for a coffee house. The 8,000 +/- square foot building fronting State
Street will have an endcap drive-through for customer convenience. The narrative also indicated that
they anticipate the building fronting State Street will have much lower traffic volume than the coffee
house. A coffee shop is defined as a restaurant pursuant to Eagle City Code. Restaurants (with a
drive-through) are a prohibited use within the MU (Mixed Use) zone. Staff supports the applicant's
request to allow for a coffee shop (with a drive-through) to be permitted on-site and believes the
Council can make favorable findings pursuant to ECC 8-6-4 to allow for this use. In regard to
allowing an additional restaurant (with drive-through) on the subject site, restaurants (with drive-
through) are permitted uses within the C-2 (General Business District) and C-3 (Highway Business
District) zoning designations which are designed for higher intensity uses. The drive-through uses
located within the C-2 (General Business District) and C-3 (Highway Business District) zoning
districts are typically located within a larger area so they are not in as close proximity to each other
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as what is being proposed with this application. The MU (Mixed Use) zoning designation consists of
areas which are designed to provide 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. Through limiting the site to one (1) restaurant (with drive-
through) for a coffee house, the location and design of the proposed drive-through will allow for
compatibility with the immediate area. In regard to a second drive-through use, the use should be
limited to a laundry use or drugstore use, that would be more compatible with the existing area, and
provide additional services for the immediate area other than that of a restaurant use.
• The applicant submitted two (2) street view renderings, date stamped by the City on February 15,
2018, showing the two (2) proposed locations of the drive-through uses adjacent to the northern and
western portion of the site north of East Riverside Drive. The decorative screen wall (shown with
Eagle Lakes signage) located at the corner of lot is of sufficient height, however, it should be extended
the length of the drive lane located adjacent to Ancona Avenue. It is unknown what the height is of
the decorative screen walls providing screening of the drive-through lanes located adjacent to SH -44,
however, the screening at these locations should be a minimum of four -feet in height. Staff
recommends that the applicant be required to provide a revised street view rendering showing 1) the
decorative screen wall (shown with Eagle Lakes signage) be extended the length of the drive-through
lane located adjacent to Ancona Avenue and 2) screening of the drive-through lanes located adjacent
to SH -44 be a minimum of four feet (4') in height. The revised street view renderings should be
included as an exhibit to the modified development agreement.
• A new condition of development should be added to the development agreement requiring that any
building with a proposed drive-through should be designed in such a way as to compliment the overall
character of the development and design styles exceeding the standard utilitarian look of a building
with a drive-through should be required. The applicant should also provide a minimum forty-eight
inch (48") high berm, decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall, landscaping, or combination thereof within the buffer area adjacent to the drive-
through lane to reduce the impact of the vehicles utilizing the drive-through lane (i.e. vehicle
headlights and vehicle cueing).
STAFF RECONIMENDATION 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 #3.6 to be modified as provided within
the staff report.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on March 27, 2018, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 3 to 1 (Pittman against) to approve RZ-10-15 MOD for a development agreement
modification for TPC Brooklyn Investors, LLC, to modify condition of development #3.6 (associated with
the allowed uses permitted on the commercial lots) with underline text to be added by the Council:
3.6 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 Mixed Use District land uses
allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing at
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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 MU 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 MU zoning designation shall require a conditional use permit, except
that the residential portions of the Property described in Section 3.3 shall not require a conditional use
permit.
The following uses which are shown as "C" conditional uses or prohibited under the MU zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be
permitted uses on the Property:
o Apartment
o Multi -family dwelling
o Daycare Center
o Commercial Entertainment Facilities (Indoor and Outdoor)
o Hotel
o Nursing/Convalescent Home
o Laundry with Drive Up Service
o Parking Lot, Parking Garage, Commercial
o Retail Sales (General)
o Retail Sales (Limited)
o Storage (Enclosed Building)
In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property
as noted above, the following uses shall also be prohibited on the Property:
• Residential, Mobile Home (Single Unit);
• Residential, Mobile Home (Single Unit Temporary Living Quarters);
• Residential, Mobile Home Park;
• Adult Business;
• Automotive washing facility;
• Cemetery;
• Circuses and Carnivals;
• Drive -In Theatre;
• Equipment Rental and Sales Yard;
• Kennel;
• Nursery, plant materials;
• Riding Academies/Stables;
• Small Engine Repair;
• Storage (fenced area);
In addition, the "Proposed Drive Thru Retail Building 1,400 SF" as shown on the Concent Plan
(Exhibit A), shall be limited to a coffee house use. The "Proposed Drive Thru End Cad" (Retail
Building 8,000 SF) as shown on the Concept Plan (Exhibit A) shall be limited to a laundry. doughnut
shop, or drugstore use. The coffee house use (Restaurant with drive-through) and Drugstore with drive-
through use, which is prohibited within said section of Eagle City Code and on the entire Property, as
noted shall be permitted. A maximum of two (2) drive through uses shall be permitted on the Property.
3.6.1 Anv building with a proposed drive-through shall be designed in such a way as to compliment
the overall character of the development and design styles exceeding the standard utilitarian look
of a building with a drive-through shall be reauired. The Owner shall also provide a minimum
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fortv-eight inch (48") high berm. decorative block wall, cultured stone. decorative rock. or
similarly designed concrete wall, landscaping, or combination thereof within the buffer area
adiacent to the drive-through lane to reduce the impact of the vehicles utilizing the drive-through
lane (i.e. vehicle headlights and vehicle cueing). as shown on Exhibit B.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-10-15 MOD)
development agreement modification with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed rezone
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The zoning designation of MU -DA (Mixed Use with a development agreement [in lieu of a PUD]) 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 proposed MU -DA (Mixed Use with a Development Agreement [in lieu of a PUD]) zone is
compatible with the BP (Business Park) zone and land use to the north since State Highway 44
separates this development from the properties located north of the state highway;
d. The proposed MU -DA (Mixed Use with a Development Agreement [in lieu of a PUD]) zone is
compatible with the RP (Rural Preservation — Ada County designation) zone and land use to the south
since the development is bordered on the south by the Boise River;
e. The proposed MU -DA (Mixed Use with a Development Agreement [in lieu of a PUD]) zone is
compatible with the MU (Mixed Use) zone and land use to the east since the parking garages
associated with the multi -family units and proposed berming and landscaping adjacent to the eastern
boundary will provide a buffer to the property located east of the proposed development. Upon
cessation of the current use on the property to the east, the property may be developed with a similar
use in the future;
f. The proposed MU -DA (Mixed Use with a Development Agreement [in lieu of a PUD]) zone is
compatible with the MU -DA (Mixed Use with a development agreement) zone and land use to the
west since that area is being developed in a similar manner;
The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described within
the Comprehensive Plan and the applicant has submitted the required documentation and applications
to address the City's concerns regarding development within those areas;
h. No non -conforming uses are expected to be created with this rezone since the existing residential
dwelling along with the septic system and potable well are required to be removed during the
development of the project.
g.
DATED this 10th day of April, 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Cougty, Idaho
1
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City Clek
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