Findings - CC - 2019 - RZ-10-15 MOD3 - Modification Of Condition #3.6BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION FOR TPC BROOKLYN
PARK INVESTORS, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-10-15 MOD3
The above -entitled rezone development agreement modification application came before the City Council for
their action on December 11, 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
Condition of Development #3.6 of the rezone development agreement associated with the approved
Truman Cove Subdivision. The 75 -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 December 3, 2018.
C. 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).
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).
On May 27, 2018, the Eagle City Council approved a development agreement modification for TPC
Brooklyn Park Investors, LLC (RZ-10-15 MOD).
On August 28, 2018, the City Council approved a development agreement modification and
preliminary plat modification for Truman Cove Subdivision (formerly known as Eagle Lakes
Subdivision) for TPC Brooklyn Park Investors, LLC (RZ-10-15 MOD2/PP-07-15 MOD).
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D. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
Existing Mixed Use, Floodway,
and Scenic Corridor
Proposed No Change
North of site Business Park
South of site Floodway and Eagle
Island Special Use Area
East of site
Mixed Use, Floodway,
and Scenic Corridor
West of site Mixed Use, Floodway,
and Scenic Corridor
ZONING
DESIGNATION
MU (Mixed Use)
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
J
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: 75 -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 December 3, 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 MOD2/PP-07-15 MOD) and their responses are attached to the staff
report dated May 30, 2018.
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Ada County Highway District
Andeavor
Department of Environmental Quality
Eagle Fire Department
West Ada School District
M. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
DISCUSSION:
• The applicant is requesting a modification to Condition of Development #3.6 of the development
agreement to replace the "laundry with drive-through" use with a "smoothie/juice shop" with drive-
through use. The intensity of the proposed smoothie/juice shop with drive-through use is similar in nature
to the intensity of a laundry with drive-through use.
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 #3.6 to be modified as provided within
the staff report.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-10-15 MOD3 for a development agreement modification for TPC
Brooklyn Park Investors, LLC, to modify condition of development #3.6 (associated with the allowed uses
permitted on the commercial lots) with the following staff recommended condition of development to be
placed within the development agreement:
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 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 Coffee Shop with Drive Up Service
o Commercial Entertainment Facilities (Indoor and Outdoor)
o Drugstore with Drive Up Service
o Hotel
o Nursing/Convalescent Home
o Parking Lot, Parking Garage, Commercial
o Retail Sales (General)
o Retail Sales (Limited)
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o Smoothie/Juice Shop with Drive Up Service
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 Concept Plan
(Exhibit A), shall be limited to a coffee house use. The "Proposed Drive Thru End Cap" (Retail
Building 8,000 SF) as shown on the Concept Plan (Exhibit A) shall be limited to a smoothie/juice shop
or drugstore use.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-10-15 MOD3)
development agreement modification with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed rezone
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The zoning designation of MU -DA (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;
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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;
g. 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.
DATED this 8th day of January, 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
0-\fr...-k4a
haron K. Bergmann, Eagle City CIeI-k
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