Findings - CC - 2016 - RZ-14-06 MOD3 - Rivers Edge Apartment SiteBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION FOR RIVERSIDE DRIVE
EAGLE, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-14-06 MOD3
The above -entitled development agreement modification application came before the Eagle City Council for
their action on December 15, 2015. 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:
Riverside Drive Eagle, LLC, represented by Penny Dennis with ESI, is requesting a development
agreement modification to the previously approved development agreement for the 24.6 -acre
(approx.) development known as The Lofts at Eagle River. A portion of The Lofts at Eagle River
(19.2 -acres approx.) became known as Eagle Lofts Subdivision (aka Watermark Subdivision). The
remaining portion of the development (5.38 -acres approx.) became River's Edge Apartments. This
development agreement modification is to create a stand-alone development agreement for the 5.38 -
acre River's Edge Apartment site and to request modified setbacks. The site is located on the south
side of East Riverside Drive approximately 300 -feet east of East Shore Drive at 827 East Riverside
Drive.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 9, 2015.
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 30,
2015. 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 25, 2015. The site was posted in accordance with the Eagle City
Code on December 4, 2015.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 16, 2007, the City Council approved applications for annexation, rezone with a
development agreement, preliminary plat, and conditional use permit for a height exception for
townhouses/condominiums, and design review for The Lofts at Eagle River Subdivision (A-12-
06/RZ-14-06, PP -15-06, CU -05-06, DR -57-06 and DR -58-06).
On December 18, 2007, the City Council approved an extension of time for the preliminary plat for
The Lofts at Eagle River Subdivision to be valid until June 18, 2009 (PP -15-06).
On March 18, 2008, the City Council approved a modification of the conditional use permit extending
the timeframe to August 13, 2009, to obtain building permits for the townhouses/condominiums to
be located at The Lofts at Eagle River Subdivision (CU -05-06 MOD).
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On April 8, 2008, the Zoning Administrator approved an extension of time of the design review for
the common area landscaping, residential townhouses, and residential condominiums for The Lofts
at Eagle River Subdivision to be valid until August 13, 2009 (DR -57-06).
On April 14, 2009, the City Council approved an extension of time of the preliminary plat for The
Lofts at Eagle River Subdivision to be valid until June 18, 2010 (EXT -01-09).
On June 16, 2010, the County Board of County Commissioners approved a temporary permit for a
summer concert series (eleven (11) concerts) to occur on the property for Shannon Cook to be valid
until October 31, 2010 (201000242 -TP -A).
On September 14, 2010, The City Council approved an extension of time for the preliminary plat for
The Lofts at Eagle River Subdivision with conditions. The extension of time is valid until June 18,
2011 (EXT -03-10).
On June 28, 2011, the City Council approved a conditional use permit for a commercial entertainment
facility (outdoor) and live entertainment event (CU -02-11).
On June 21, 2011, the City Council approved a design review application for a temporary commercial
entertainment facility (outdoor) (DR -12-11).
On October 25, 2011, the City Council approved an extension of time application for the preliminary
plat for The Lofts at Eagle River (EXT -05-11).
On November 5, 2012, Eagle City Staff approved a lot line adjustment for this site (LLA -04-12).
On February 13, 2014, the Design Review Board approved a design review to construct 6 -apartment
buildings consisting of 80 -units and clubhouse for Tom Hill (DR -67-13).
On November 10, 2014, the City Council approved a development agreement modification
(development agreement in lieu of a PUD) and preliminary plat for Eagle Lofts Subdivision for BHH
Investments II, LLC (RZ-14-06 MOD2 and PP -03-14).
On April 14, 2015, the City Council approved the final plat for Watermark Subdivision (formerly
known as Eagle Lofts Subdivision) for BHH Investments II. LLC (FP -22-14).
On April 23, 2015, the Design Review Board approved a design review modification for the Eagle
River Apartments to include a new clubhouse facility and storage for N & T Holdings (DR -67-13
MOD).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION
Existing Mixed Use
Proposed No change
North of site Mixed Use
South of site Residential Two
East of site
West of site
MU -DA (Mixed Use with a
development agreement)
No Change (Modification of
the existing development
agreement)
MU -DA (Mixed Use with a
development agreement)
R-2 (Residential)
Mixed Use MU -DA (Mixed Use with a
development agreement)
Mixed Use MU -DA (Mixed Use with a
development agreement)
LAND USE
River's Edge Apartments
Existing River's Edge
Apartments
Office buildings (Mixed
Use Subdivision No. 4)
Boise River and
residential subdivision
(Nestled Island
Subdivision)
Residential subdivision
(Eagle Lofts River
Subdivision)
Merrill Park and Vacant
parcel
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 5.38 -acres.
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE DEVELOPMENT AGREEMENT
MODIFICATION:
See applicant's justification letter date stamped by the City on November 9, 2015 (attached to the
staff report).
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is currently served by Eagle Water Company (potable water) and Eagle Sewer District
(central sewer).
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
L. NON -CONFORMING USES: There are currently no non -conforming uses located on this site.
M. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
Central District Health Department
Eagle Fire Department
Idaho Transportation Department
Tesoro Logistics NW Pipeline
West Ada School District
N. LETTERS FROM THE PUBLIC: None received to date.
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STAFF ANALYSIS PROVIDED WI i nui 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 REGARDING
THIS PROPOSAL:
• Eagle City Code, Section, 8-2-4: Schedule of Building Height and Lot Area Regulations:
Zoning Maximum Front Rear Interior Street Maximum
District Height Side Side Lot
Covered
IMU 1135'
C. DISCUSSION:
1
20'
30'
17.5' 1120' 1150%
Minimum Lot Area Minimum Lot
(Acres Or Sq. Ft.) Width
115.000 -square feet 1150'
• The subject property is zoned MU -DA (Mixed Use with a development agreement). The property
was previously included in the development agreement associated with rezone application
number RZ-14-06. The adjacent property located east of the subject property was also included
within the development agreement associated with RZ-14-06. The owner of the adjacent property
received approval of a development agreement modification (RZ-14-06 MOD2) for a residential
project to be located on the adjacent property which created a stand-alone development
agreement for the adjacent site and removed the subject site from the site plan associated with
rezone number RZ-14-06. The applicant has submitted the subject application (RZ-14-06 MOD3)
to provide a revised concept plan for the subject parcel and is requesting a modification of the
setbacks.
• The applicant is requesting the side setback (east property line) be reduced from 20 -feet to 0 -feet
in width to conform to the existing conditions on the site. The site currently has a carport located
within one -foot (1') of the east property line and a multi -family structure (River's Edge
Apartments, Building B) located within 17 -feet of the east property line. The approved setbacks
for the site (pursuant to the originally executed development agreement, Ada County Instrument
#111052582) were as follows:
Riverside Drive and Avenue "A"
External Lot Lines (subdivision boundary)
Structures (between buildings)
Condominiums (drive aisle)
Townhouse (drive aisle)
15 feet
20 feet
30 feet
10 feet
19 feet (to garage)(measured from back
of sidewalk)
Staff recommends the following setbacks as measured from the property line:
Front (adjacent to Riverside Drive)
Rear (southern property line)
Side (east property line)
Side (west property line)
Maximum coverage
20 -feet
50 -feet
1 -foot (carport only)
17 -feet (Building 2)
20 -feet (remaining structures)
20 -feet
50%
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• Condition of Development #3.8 of the originally executed development agreement (Ada County
Instrument #111052582), requires the applicant place language in the conditions, covenants, and
restrictions for the property regarding the operation and maintenance of the landscaped areas and
drive aisles associated with the site. Since it is unknown if the subject property will be platted in the
future, or if conditions, covenants, and restrictions for the property will be implemented the modified
development agreement should contain conditions of development in regard to the operation and
maintenance of the landscaped areas, drive aisles, and parking areas.
• Condition of Development #3.15 of the originally executed development agreement (Ada County
Instrument #111052582), requires the applicant to construct an asphalt public pathway along the
portion of the property adjacent to the Ballantyne Irrigation Canal (southern property line). The
applicant has constructed a 10 -foot wide asphalt pathway located adjacent to the southern property
line. The condition of development also requires that the pathway should be located within a recorded
easement dedicated to and accepted by the City of Eagle. The instrument number of the recorded
easement was to be referenced on the final plat of the subdivision. Since the applicant is not
subdividing the property the applicant should be required to enter into a Pathway Permanent
Easement Agreement with the city.
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. Staff will recommend that an Amended and Restated Development
Agreement be executed with the conditions of development 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 December 15, 2015, at which
oak, 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 (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-14-06 MOD3 for a development agreement modification for
Riverside Drive Eagle, LLC, with the following conditions to be placed within an amended and restated
development agreement:
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 review, 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 the Agreement.
3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the River's
Edge Apartments, a multi -family residential project. As the Concept Plan evolves, the City understands
and agrees that certain changes in that concept may occur. If the City determines that any such changes
require additional public 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.
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3.3 The total number of residential units on the Property shall not exceed 80 -units in the aggregate.
Development of the residential portion of the Property will be permitted through the Design Review
process and future conditional use permits for the residential development will not be required
excluding any height exceptions that may be requested. Height exceptions shall require a conditional
use permit.
3.4 Owner shall have the duty to maintain and operate all of the common landscape areas in a competent
and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in
accordance with Eagle City Code, in perpetuity.
3.5 Owner shall have the duty to maintain and operate all of the drive aisles and parking areas including the
repair and replacement of asphalt and sidewalks
3.6 The Concept Plan shows the locations for all buildings within the development. The Setbacks shall be
as follows:
Front (adjacent to Riverside Drive) 20 -feet
Rear (southern property line) 50 -feet
Side (east property line) 1 -foot (carport only)
17 -feet (Building 2)
20 -feet (remaining structures)
Side (west property line) 20 -feet
5 -feet (carport only)
Maximum coverage 50%
3.7 Owner shall provide a minimum 10 -foot wide asphalt public pathway located along the southern
,I, boundary of the site. The asphalt pathway shall be located within a 16 -foot wide easement dedicated to
and accepted by Eagle. Upon completion of the asphalt public pathway Owner shall enter into a
Pathway Permanent Easement Agreement with Eagle.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-14-06 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) is in accordance with
the Mixed Use 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 public facilities exist to serve any and all uses allowed on this property under
the zone.
c. The MU -DA (Mixed Use with a development agreement) 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 located within a "Hazard Area" or "Special Area" as described within the Comprehensive
Plan and has been developed in accordance with Eagle City Code; and
e. No non -conforming uses are expected to be created with this rezone if the development agreement,
as proposed, is required and subsequently complied with.
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"1"". DATED this 12`' day of January 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
721Z
James D. Reynol Cayor
ta
ATTEST:
�l. C -A-4 o_ _ (24
Sharon K. Bergmann, Eagle City CI-. k
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