Findings - CC - 2007 - RZ-13-05 MOD - Mod To Da To Provide A Time Schedule For Build Out Academy Core
BEFORE THE EAGLE CITY COUNCIL
OR/G/1V4L.
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE EAGLE )
SPORTS LEGENDS, LLC (LEGACY) )
DEVELOPMENT AGREEMENT FOR )
IDAHO DEVELOPMENT SERVICES, INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-13-05 MOD
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their decision on September 18, 2007. The 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:
Todd Santiago, representing Idaho Development Services, Inc., is requesting a
modification to the development agreement (Condition # 3.4.4.2.3) to provide a time
schedule for the build out of the Academy Core area located within Mosca Seca
Subdivision. The site is located approximately 1,850-feet north of State Highway 44
between Linder Road and State Highway 16.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 6,2007.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this application for the Eagle City Council was published in
The Idaho Statesman in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City Code on September 3, 2007 and in The Valley Times on
September 4, 2007. 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 August 31, 2007. The site
was posted in accordance with the Eagle City Code on August 7, 2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation and rezone from A
(Agricultural) and RR (Rural Residential-Ada County Designation) to R-2-DA-P
(Residential two units per acre maximum with a development agreement - PUD), and
conditional use, planned unit development preliminary development plan and preliminary
plat (phase one only) (A-9-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-OI-06) approvals for
the Legacy Planned Community for Signature Sports Development, LLC.
On August 28, 2007, the City Council approved FPUD-OI-07&FP-OI-07/ FP-02-07 for a
final development plan and final plat for Mosca Seca Subdivision Phases No. I & No.2,
for Idaho Development Services, LLC.
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up to R-2-DA-P (Residential-2 Legacy Planned Unit
two units per acre units per acre planned unit Development
maximum) development with a
development agreement)
Proposed No Change No Change No Change
North of site Residential Two (up to RUT (Rural-Urban Single-family dwellings,
two units per acre Transition - Ada County pasture, feed lot, and
maximum) Designation) and R2 proposed Lanewood
(Residential - Ada County Estates Subdivision
Designation).
South ofsite Residential Two (up to RUT (Rural-Urban Single-family dwellings,
two units per acre Transition - Ada County pasture, Longhorn
maximum) & Transitional Designation) Subdivision. Proposed
Residential R-2-DA-P (Residential-2 Eaglefield and Eagle Creek
units per acre planned unit West Subdivisions
development with a
development agreement)
East of site Residential Two (up to R-2-DA (Residential Two Copperfield and Senora
two units per acre with Development Creek Subdivisions
maximum)& Residential Agreement) & RUT (Rural Subdivision & Agricultural
Three (up to three un its Urban Transition - Ada land
per acre maximum) County Designation)
West ofsite Residential Two (up to RUT (Rural-Urban State Highway 16
two units per acre Transition - Ada County
maximum) Designation)
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: 623.9-acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter attached to the staff report and incorporated herein by
reference.
I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
J. 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-9-
05/RZ-13-05/CU-12-05/PPUD-13-05/PP-0 1-06) and their correspondence is attached to
the staff report:
Ada County Highway District
Central District Health Department
Chevron Pipeline
Department of Environmental Quality
Drainage District #2 dated
Eagle Fire Department
Eagle Sewer District
Idaho Department of Transportation
Joint School District No.2
Middleton Mill Ditch Company
L. LETTERS FROM THE PUBLIC: None received to date
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Based upon the information provided to staff to date, staff recommends approval of the
modification to development agreement associated with the rezone from A (Agricultural) and RR
(Rural Residential-Ada County Designation) to R-2-DA-P (Residential two units per acre
maximum with a development agreement - PUD) for Legacy Planned Unit Development for Idaho
Development Services, Inc, with the modification of Conditions of Development #3.4.4.2.3 to read
as follows:
3.4.4.2.3 Construction of the Academy Core facilities shall commence upon recording the first
final plat for the Property. The construction of the Academy Core and subsequent
completion of facilities and corresponding issuance of residential building permits
shall follow the timelines as defined in Exhibit XX.
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Staff also recommends approval of the following table to be incorporated as an exhibit to the
amended development agreement with strikethrough text to be deleted and underline text to be
added:
EXHIBIT 0
Academy Core Buildout Schedule
Total # of Hames Sala Building Permits Issued Academy Construction Commencement Timetable
Three Hole Golf Practice Facility (approx. 35
Acres), Recreational Swimming Pool and Restroom
Initial - 250 (9 Rames saId) Facility (on Yo, acre lot on W. Olympic Park Drive);
Three Outdoor Tennis Courts, Olympic-size Soccer
Field and Practice Area
Fitness Center Building, Resort Pool (including lap
lanes and recreation swim area), Three (3)
251G - 500 additional Outdoor Tennis Courts and landscaping,
Academy Infrastructure (Parking Lot, underground
utilities, etc.)
Driving range (dual sided, approx. 25 acres), Short
501G -700 Game Golf Practice Area, 50 Meter Olympic Pool
wi Bulkhead
701G -900 Indoor Tennis Facility (six indoor tennis courts)
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September IS, 2007, 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 (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-13-05 MOD for a modification to the development
agreement to provide a time schedule for the build out of the Academy Core area located within
Mosca Seca Subdivision located within the Legacy Planned Unit Development for Idaho
Development Services, Inc., replacing Condition of Development 3.4.4.2.3 with the following
modified Conditions of Development 3.4.4.2.3 and associated exhibit:
3.4.4.2.3 Construction of the Academy Core facilities shall commence upon recording the first
final plat for the Property. The construction of the Academy Core and subsequent
completion of facilities and corresponding issuance of residential building permits
shall follow the timelines as defined in Exhibit O.
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EXHIBIT 0
Academy Core Buildout Schedule
Academy Construction Commencement
Total # of Building Permits Issued Timetable
Three Hole Golf Practice Facility (approx. 35
Acres), Recreational Swimming Pool and Restroom
Initial-250 Facility (on Yo, acre lot on W. Olympic Park Drive);
Three Outdoor Tennis Courts, Olympic-size Soccer
Field and Practice Area
Fitness Center Building, Resort Pool (including lap
lanes and recreation swim area), Three (3)
251-500 additional Outdoor Tennis Courts and landscaping,
Academy Infrastructure (Parking Lot, underground
utilities, etc.)
Driving range (dual sided, approx. 25 acres), Short
501-700 Game Golf Practice Area, 50 Meter Olympic Pool
wi Bulkhead
701-900 Indoor Tennis Facility (six indoor tennis courts)
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 6,2007.
2. Notice of Public Hearing on this application for the Eagle City Council was published in The Idaho
Statesman in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on September 3, 2007. Notice of Public Hearing on this application for the Eagle City Council
was published in The Valley Times on September 4,2007. 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 August 31, 2007. The site
was posted in accordance with the Eagle City Code on August 7, 2007.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
13-05 MOD) 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 R-2-DA-P zone (Residential-two units per acre planned unit development with a
development agreement) zoning designation is consistent with the Residential Two land 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 at the time of the original application 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 R-2-DA-P zone (Residential-two units per acre planned unit development with a
development agreement) is compatible with the R-2-DA zone (Residential-two units per acre
with development agreement) and land use to the east since this site is currently developed at
densities similar to the Legacy Planned Unit Development;
d. The R-2-DA-P zone (Residential-two units per acre planned unit development with a
development agreement) is compatible with the RUT zone (Rural Urban Transitional-Ada
County designation) and land use to the west since State Highway 16 provides a buffer from
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the existing land uses to the west;
e. The R-2-DA-P zone (Residential-two units per acre planned unit development with a
development agreement)is compatible with the RUT and R2 zones (Residential-Ada County
designations) and land uses to the north since this area is proposed and may be developed in a
similar manner;
f. The R-2-DA-P zone (Residential-two units per acre planned unit development with a
development agreement)is compatible with the RUT zone (Rural Urban Transitional-Ada
County designation) and R-2-DA-P zone (Residential-two units per acre planned unit
development with a development agreement) land uses to the south since this area is currently
being developed and may be developed in a similar manner;
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.
DATED this 18th day of September 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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"""'Sharon k. Bergmann, Eagle City Cler
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