Findings - CC - 2007 - RZ-13-06 - Mod To Da Conditon 2.6 Reduce Front Yard Setback To 15'/Anglers Hamlet Subd
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE )
DEVELOPMENT AGREEMENT FOR )
THE REZONE FROM RUT TO MU-DA )
FOR ANGLERS HAMLET SUBDIVISION )
FOR ROYLANCE INVESTMENTS, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-13-06 MOD
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their decision on May 8, 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:
Dave Roylance, representing Roylance Investments, LLC, is requesting a modification to
the development agreement of Conditions of Development # 2.6 to reduce the front yard
setback to fifteen feet (15') for the living space of the residence and maintain the setback
for the garage at twenty feet (20') for Angler's Hamlet Subdivision.
B. APPLlCA TlON SUBMITTAL:
The application for this item was received by the City of Eagle on April 24, 2006.
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 April 2, 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 April 3, 2007.
The site was posted in accordance with the Eagle City Code on April 26, 2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 12, 2006, the City Council approved an annexation and rezone with a
development agreement and preliminary plat (A-ll-06/RZ-13-06/ PP-13-06) for Angler's
Hamlet Subdivision for Roylance Investments, LLC, located at this site.
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E.. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing RUT (Rural Urban
Mixed Use Transitional-Ada County Residence and vacant land
designation)
Proposed No Change MU-DA (Mixed Use with Single-family residential
Development Agreement)
North of site Rl (Residential-Ada County Residential, Benmor
Mixed Use designation) Subdivision
South ofsite Floodway and Residential RUT (Rural Urban Single family residence,
Estate Transitional-Ada County State of Idaho Lands, and
designation) the Boise River
East of site Mixed Use MU-DA (Mixed Use with Camille Beckman
Development Agreement)
West ofsite Mixed Use RUT (Rural Urban Single-family residential
Transitional-Ada County and pasture
designation)
E. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
F. TOTAL ACREAGE OF SITE: 10.0-acres
G. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter attached to the staff report and incorporated herein by
reference.
H. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
See attached justification letter dated April 24, 2006, provided by the Eagle Sewer District
for the modification justification.
I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
J. NON-CONFORMING USES: None are apparent on the site.
K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (A-ll-
06/RZ-13-06/ PP-13-06) and their correspondence is attached to the staff report:
Ada County Highway District
Ballentyne Ditch Company
Central District Health Department
Chevron Pipeline
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Eagle Fire Department
Eagle Sewer District
Idaho Department of Environmental Quality
Idaho Department of Lands
Idaho Power
Idaho Transportation Department
Joint School District No. 2
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 RUT (Rural Urban
Transition) to MU-DA (Mixed Use with a development agreement) for Roylance Investments,
LLC, for Dave Roylance, with the modification of Conditions of Development #2.6 to read as
follows:
2.6 The setbacks shall be as follows:
Front
Rear
Side
Additional Setback for
Multi-Story structures
Side (street)
Old Valley Road (street)
Side adjacent to pathway
Existing dwellings
Front
Rear
Side
Side (Street)
Side adjacent to pathway
15 (residence)
20 feet (to garage) (measured from the back
of sidewalk)
3 feet
5 feet
2.5 feet
I 0 feet
5 feet
10 feet from edge of pathway - No two story
structures
20 feet
I 5 feet
3.5 feet*
20 feet
15 feet from edge of pathway
*Should the existing dwellings be removed and replaced the side setback shall be
5 feet with an additional 2.5 feet for multi-story structures.
Maximum lot coverage 60%
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on May 8, 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).
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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-13-06 MOD for a modification to the development
agreement of Conditions of Development #2.6 to reduce the front yard setback to fifteen feet (15 ')
for the living space of the residence and maintain the setback for the garage at twenty feet (20') for
Angler's Hamlet Subdivision for Roylance Investments, LLC, for Dave Roylance, with the
following Conditions of Development with strikethrough text to be deleted by the Council and
underline text to be added by the Council:
2.1 Applicant will develop the Property subject to the conditions and limitations set forth in
this Development Agreement. Further, Applicant will submit such applications regarding
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.
2.2 Applicant shall provide and construct, in accordance with the provisions of Eagle City
Code Section 9-4-1-6, a minimum ten foot (10') wide asphalt public pathway along the
portion ofthe Property adjacent to the North Channel of the Boise River. The specific
location and design ofthe pathway shall be submitted to the City of Eagle Park and
Pathway Development Committee for review and a recommendation prior to submittal of
a design review application. The asphalt pathway shall be located in a recorded easement
or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section
9-4-l-6(E) (2). The instrument number of the recorded easement or easements shall be
referenced on the face of the plat for Angler's Hamlet Subdivision, upon recordation of
the final plat wherein the pathway is located.
2.3 The density for the property shall not exceed 3.70 dwelling units per acre.
2.4 No more than seven (7) dwellings within the subdivision shall have a second story and
shall be noted on the final plat which lots are designated as such.
2.5 Applicant shall provide a site plan showing all areas that are to be maintained by the
homeowners' association. No certificate of occupancy for a dwelling shall be issued prior
to the installation of the landscaping on the lot where the dwelling is located.
2.6 The setbacks shall be as follows:
Front
;?,G Ii (residence)
20 feet (to garage) (measured from the back
of sidewalk)
Rear
Side
3 feet
5 feet
Additional Setback for
Multi-Story structures
Side (street)
Old Valley Road (street)
Side adjacent to pathway
2.5 feet
I 0 feet
5 feet
10 feet from edge of pathway - No two story
structures
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Existing dwellings
Front
Rear
Side
Side (Street)
Side adjacent to pathway
20 feet
I 5 feet
3.5 feet*
20 feet
15 feet from edge of pathway
*Should the existing dwellings be removed and replaced the side setback shall be 5
feet with an additional 2.5 feet for multi-story structures.
Maximum lot coverage 60%
2.7 The applicant shall provide an Environmental Impact Assessment to the City with an
analysis of the proposed developments impact to the immediate area. The Environmental
Impact Assessment shall be provided prior to submitting an application for final plat.
2.8 A letter of approval shall be provided to the City from the Eagle Sewer District indicating
that the property has been annexed into the Eagle Sewer District's service boundaries and
approving the final construction plans prior to submittal of a final plat application.
2.9 The conditions, covenants, and restrictions for the Property shall contain at least the
following:
(a) Provide that the association(s) shall have the duty to maintain and operate all ofthe
common landscape areas in the subdivision 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.
(b) An operations and maintenance manual for the irrigation system requiring the
association(s) shall have the duty to maintain and operate the pump providing water to
the system including the funding mechanism for the repair and replacement of the
pump.
(c) Home owners and the home owner's association shall have cross-access within the
common areas and easements adjacent to the common areas to allow for maintenance
of homes adjacent to the common areas.
(d) Upon development of the property to the east of Angler's Hamlet Subdivision, North
Angler's Cove Place will serve as the primary street for access.
2.10 Applicant shall provide a report or analysis of any proposed changes to wetlands located
on the Property and any such change shall be contingent upon approval by the Idaho
Fish & Game Department (if applicable), the Idaho Department of Water Resources (if
app I icable), the Army Corps of Engineers, the City of Eagle, and any other appropriate
governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan
and City Code. The applicant shall provide documentation of an approved 404-Permit
for work within any wetlands on site prior to the submitting an application for final plat
approval.
2.11 Applicant agrees all development and improvement of the Property shall comply with all
rules and regulations pertaining to regulated wetlands.
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2.12 The single-family dwellings shall be constructed in substantial conformance to
"Tuscany" style architecture as shown in Exhibits "Dl- D5".
To assure compliance with this condition, the applicant shall create an architectural
control committee (ACe) as a component of the development's CCR&S. Provisions
regarding the creation and operating procedures ofthe ACC shall be included in the
CC&R's, and shall be reviewed and approved by the City attorney prior to the approval
of the first final plat.
The submittal ofthe building permit application to the City for each structure within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached
will not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right
to deny, at its discretion, any building permit application that does not substantially
conform to the design requirements as shown on the Exhibits "Dl-D5"
2.13 The applicant shall submit a design review application showing at a minimum: I)
proposed development signage, 2) planting details within the proposed and required
landscape island and all common areas throughout the development, 3) elevation plans
for all proposed common area structures and irrigation pump house (if proposed), 4)
landscape screening details of the irrigation pump house (if proposed), 5) useable
amenities such as picnic tables, covered shelters, benches, playground equipment,
gazebos, and/or similar amenities, 6) design of ponds to be constructed in reference to
mosquito abatement, 7) "open style" fencing on the property lines adiacent to all open
space and provide a cut sheet detailing the style offence to be used. The design review
application shall be reviewed and approved by the Eagle Design Review Board and
Eagle City Council prior to the submitting an application for final plat.
2.14 Applicant shall provide pedestrian and bicycle public access with a pathway from North
Anglers Cove Place to the greenbelt pathway. The location of the pathway shall be
submitted to the City of Eagle Park and Pathway Development Committee for review
and a recommendation prior to submittal of a design review application.
2.15 Upon approval by the owner the applicant shall install landscape screening at 4210 W.
Old Valley Road to mitigate the effects of car lights, noise, etc. created from vehicles
gaining ingress/egress from the subdivision per the agreement between Dave Roylance
and Marion and Mary Moore, date stamped by the City on October 19, 2006, Exhibit
"C". The landscape screening shall be installed prior to building permits being issued
for dwellings within the subdivision.
2.16 Provide open space amenities along the wetland area and Boise River as generally
shown on Exhibit "E" prior to the City Clerk signing the final plat.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 28, 2007.
2. 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 April 2, 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 April 3, 2007. The site was posted in accordance with the Eagle City Code on April 26,
2007.
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3. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
13-06 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 requested MU-DA zoning designation is consistent with the Mixed Use 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 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 MU-DA zone (Mixed Use with a Development Agreement) is compatible with
the MU-DA zone (Mixed Use with a Development Agreement) and land use to the east since
this site is currently a commercial business (Camille Beckman) and the applicant is required to
provide buffering adjacent to the property line;
d. The proposed MU-DA zone (Mixed Use with a Development Agreement) is compatible with
the RUT zone (Rural Urban Transitional-Ada County designation) and land use to the west
since this site is currently a single family residence and pasture and could be developed in a
similar manner;
e. The proposed MU-DA zone (Mixed Use with a Development Agreement) is compatible with
the Rl zone (Residential-Ada County designation) and land use to the north since this area is
developed into a subdivision;
f. The proposed MU-DA zone (Mixed Use with a Development Agreement) is compatible with
the RUT zone (Rural Urban Transitional-Ada County designation) and land use to the south
since this area is currently a single family residence, State of Idaho Lands and buffered by the
Boise River;
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 12th day of June 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Cou ty, Idaho
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