Findings - CC - 2008 - RZ-13-05 MOD 2 - Mod To Da Inst#106161990/R2-Da-P/Legacy Development/623.9 Acre Site
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE EAGLE )
SPORTS LEGENDS, LLC (LEGACY) )
REZONE DEVELOPMENT AGREEMENT )
FOR IDAHO DEVELOPMENT SERVICES, INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-13-05 MOD 2
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their decision on February 26, 2008. 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:
Idaho Development Services, Inc., represented by Todd Santiago, is requesting
modifications to the development agreement (Instrument # 106161990) associated with
the R-2-DA-P (Residential-up to two units per acre with a development agreement -
Planned Unit Development) zoning classification for the Legacy Development. The 623.9-
acre site is generally located approximately 1 ,850-feet north of State Highway 44 between
Linder Road and State Highway 16.
B. APPLICA TION SUBMITTAL:
The application for this item was received by the City of Eagle on February 1,2008.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the 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 February 4, 2008. 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 February 4,
2008. The site was posted in accordance with the Eagle City Code on February 8, 2008.
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 with a development agreement - planned unit
development), a conditional use permit, a planned unit development preliminary
development plan and a preliminary plat (phase one only) for the Legacy Planned
Community for Signature Sports Development, LLC.
On August 28,2007, the City Council approved FPUD-Ol-07&FP-Ol-07/ FP-02-07 for a
final development plan and final plat for Mosca Seca Subdivision Phases No. 1 & No.2,
for Idaho Development Services, LLC.
Page 1 of9
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2005\Legacy DA MOD2 ccf.doc
On September 18, 2007, the City Council approved 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 the Mosca Seca Subdivision.
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN 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 of site 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 units Urban Transition - Ada land
per acre maximum) County Designation)
West of site 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.
1. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
Page 2 of9
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2005\Legacy DA MOD2 ccf.doc
J. NON-CONFORMING USES: None are apparent on the site.
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 ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
. The applicant is requesting modifications to the development agreement (Instrument # 1 06161990)
associated with RZ-13-05 for the Legacy Development to amend Article III, "Conditions on
Development" as noted within their narrative date stamped by the City on February 11, 2008. The
following is shown with the approved Conditions of Development in bold and the applicant's
proposed modifications in italic:
o Condition 3.4.1.5:
The second story of any dwelling unit on a lot less than 8,000 square feet shall not exceed
65% of the main floor's square footage, inclusive of the garage area.
The applicant is requesting the condition to be amended as follows with strikethrough text to
be deleted and underline text to be added:
"The second story of anv sin1!le-familv detached dwelling unit on a lot less than 8,000
squarefeet shall not exceed 65% 75% of the main floor's squarefootage, inclusive of the
garage area. "
The applicant is also proposing a new Exhibit "0", showing patio home building elevations
with the second story exceeding 65% of the first floor.
The applicant is requesting that the allowable square footage for the second floor be increased
from 65% to 75% to allow additional floor plan flexibility for their single-family product. This
allowance is for single-family units only and is not intended for the attached units. The setback
requirements within the development agreement (Condition 3.4.1.4) require an additional five-
foot (5') wide setback for multi-story structures, therefore ensuring limited square footage on
the second floor.
o Condition 3.12:
The use of private gated roads shall be reviewed at preliminary plat to ensure they do
not conffict with the interconnectivity of Eagle. The location of potential private roads
and gates are designated in Exhibit K attached hereto and incorporated herein. These
areas shall be constructed to public roadway standard at a minimum width of 36 feet
Page 3 of9
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2005\Legacy DA MOD2 ccf.doc
from back of curb and shall not provide an alternative connectionlbypass to the public
roadway system. The number of dwelling units in private/gated areas shall not exceed
18% of the total 1,373 dwelling units that may be developed on the Property. These
areas shall be identified on each preliminary plat submittal, with the following
justification being provided:
. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings such
that private streets will serve to enhance the overall development
. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking
. The private streets shall provide adequate access for service and emergency vehicles
. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks
. The private streets do not land-lock adjacent property due to topography or parcel
layout
. Other than to provide emergency access, the private streets do not connect one
public street to another, thereby encouraging travel through the development served
by the private street
. The use or alignment of the private streets does not interfere with the continuity of
public streets
. An appropriate mechanism has been established for the repair and maintenance of
the private streets, including provisions for the funding thereof
The applicant is requesting to include in the development agreement a revised Exhibit "K",
showing the area north of the golfpractice course, where W. Founders Drive is located, to be
included in the Proposed Private Roads and Gates area.
As noted in Condition of Development 3.12, private gated roads are required to be identified
and reviewed at the time of preliminary plat submittal. Within the provided narrative, date
stamped by the City on February 11, 2008, the applicant's justification to permit W. Founders
Drive as a private road is based on an oversight by the applicant during the preliminary plat
process and the possibility of the public using W. Founders Drive as a "short-cut" to access the
academy core area. One of the justification items the applicant has to address is that the private
street does not connect one public street to another; W. Founders Drive connects Champions
Way and Signature Drive, which are public streets. During the preliminary plat and final plat
approval process, W. Founders Drive was not identified as a private road, nor was it located in
the area designated for private roads and gates pursuant to Exhibit "K" of the development
agreement (showing the proposed areas for private gated roads).
During construction plan review, the city engineer checks to make sure that private roads are
designed in compliance with the requirements of the City of Eagle with regard to street
drainage, which are more stringent than the Ada County Highway District (ACHD) guidelines.
The City requires that private road facilities are to be designed and constructed to be separate
from ACHD facilities. W. Founders Drive has been approved and constructed as a public
road, with the street drainage designed to drain into an Ada County Highway District drainage
facility. Since no separate facility has been designed and constructed to handle the private
road storm water runoff (and the Ada County Highway District is extremely reluctant to permit
Page 4 of9
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2005\Legacy DA MOD2 ccf.doc
a private facility to drain into public facilities) it would not be prudent to accept W. Founders
Drive as a private road.
If W. Founders Drive is approved as a private road the total number of units served by a
private street will be 206 units or approximately 15%. Pursuant to Condition of Development
3.12, the number of dwelling units in private gated road areas shall not exceed 18% of the total
1,373-dwelling units that may be developed on the property.
o Condition 3.16 states:
In all single-family attached dwelling units, first floors shall be insulated from second
floors with lightweight concrete or other product or design that provides fire and sound
protection. Common walls between units shall be insulated to mitigate transfer of noise
between the floors and between units. The insulation method shall be reviewed and
approved by Eagle's Building Official prior to issuance of building permits.
The applicant is requesting the condition to be amended as follows with strikethrough text to
be deleted and underline text to be added:
In all single-family attached dwelling units, first floors and shall be insulated from second
floors with lightweight cancretc er other product or design that pra';idcs fwe and sound
preteotian. fbommon walls between units shall be insulated to mitigate transfer of noise
between the floors and between units. The insulation method shall be reviewed and approved
by Eagle's Building Official prior to issuance ofbuilding permits.
Within the provided narrative, date stamped by the City on February 11, 2008, the applicant
notes that the first sentence of Condition of Development 3.12 requires "lightweight concrete
or other product or design that provides fire and sound protection between the first and second
floors is typically required of multi-tenant buildings or commercial buildings". The narrative
further states that the Legacy's attached housing products are duplexes and triplexes with two-
story town home units and that Legacy representatives have discussed this condition with City
of Eagle building department staff. Planning staff has confirmed with building department
staff that this requirement is typically required of multi-tenant buildings or commercial
buildings.
o Condition 3.21:
As required by Eagle City Code, Title 6, Chapter 5, the Property shall become part of
Eagle's municipal water system and comply with the terms of the November 17,2005,
Memorandum of Agreement attached hereto and incorporated herein as Exhibit M. All
water mains to be dedicated to the public shall only be constructed on rights of way,
easements, or publicly owned property. Easements or permits secured for main
extensions shall be obtained in the name of Eagle, along with all rights and title to the
main, at the time water service is provided. Water mains shall be extended by
Applicants to the boundaries of the Property at locations future water system extensions
are expected to occur, as designated by the City Engineer.
The applicant is requesting that the municipal water system Memorandum of Agreement
(MOA) dated November 17, 2005, (Exhibit "M"), be modified. Since Condition of
Development 3.12 references an MOA with a specific date, amendments to the MOA would
not be permitted without amending the development agreement. The applicant is requesting
that Condition no. 5 of the MOA be modified to allow the City Clerk to sign the final plat
upon the approval by the Idaho Department of Water Resources (IDWR) (for the leased water
rights to serve the municipal water system).
Page 5 of9
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2005\Legacy DA MOD2 ccf.doc
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Staff recommends approval of the following modifications to the development agreement with the
amended conditions to read as follows:
3.4.1.5 The second story of any single-family detached dwelling unit on a lot less than 8,000 square feet
shall not exceed 75% of the main floor's square footage, inclusive of the garage area as shown in
Exhibit "0" attached hereto and incorporated herein.
3.16 In all single-family attached dwelling units, first floors and common walls between units shall be
insulated to mitigate transfer of noise between the floors and between units. The insulation method
shall be reviewed and approved by Eagle's Building Official prior to issuance of building permits.
3.21 As required by Eagle City Code, Title 6, Chapter 5, the Property shall become part of Eagle's
municipal water system and comply with the terms of the November 17,2005, Memorandum of
Agreement or as amended and attached hereto and incorporated herein as Exhibit M. All water
mains to be dedicated to the public shall only be constructed on rights of way, easements, or
publicly owned property. Easements or permits secured for main extensions shall be obtained in
the name of Eagle, along with all rights and title to the main, at the time water service is provided.
Water mains shall be extended by Applicants to the boundaries of the Property at locations future
water system extensions are expected to occur, as designated by the City Engineer.
Staff does not recommend approval of the modification of Condition of Development 3.12 to modifY
Exhibit "K" to allow W. Founders Drive to be included in the proposed private roads and gated area.
Allowing W. Founders Drive to be private would create a situation in which two public roads are
connected by a private road, thereby conflicting with the requirements of condition 3.12 and Eagle City
Code. Further, no separate facility has been constructed to accommodate the storm water runoff from a
private road, again a conflict with the requirements of the City of Eagle. Had these items been addressed
at the time of preliminary plat approval (and prior to construction of the W. Founders Drive as a public
road), approval for a private road could have been received and subsequent facilities designed pursuant to
the requirements of the City of Eagle.
PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council on February 19, 2008. The
Council continued the items to February 26, 2008, at which time public 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 one (1) individual
(other than the applicant/representative) who is developing the property located to the south
adjacent to Mosca Seca Subdivision and will also be requesting a modification to their
development agreement to allow the water Memorandum of Agreement (MOA) to be modified.
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 (Shoustarian against) to approve RZ-13-05 MOD 2 for a modification to
the Conditions of Development and associated exhibits within the development agreement
(Instrument # 1 06161990) for Idaho Development Services, Inc., with the following strike through
text to be deleted from the previously approved development agreement and the underlined text to
be added:
3.4.1.5 The second story of any single-family detached dwelling unit on a lot less than 8,000
square feet shall not exceed 6$. 75% of the main floor's square footage, inclusive of the
garage area as shown in Exhibit "0" attached hereto and incorporated herein.
Page 6 of9
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2005\Legacy DA MOD2 ccf.doc
3.12 The use of private gated roads shall be reviewed at preliminary plat to ensure they do not
conflict with the interconnectivity of Eagle. The location of potential private roads and
gates are designated in Exhibit K attached hereto and incorporated herein. These areas
shall be constructed to public roadway standard at a minimum width of 36 feet from back
of curb and shall not provide an alternative connection/bypass to the public roadway
system. The number of dwelling units in private/gated areas shall not exceed 18% of the
total 1,373 dwelling units that may be developed on the Property. These areas shall be
identified on each preliminary plat submittal, with the following justification being
provided:
. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings such
that private streets will serve to enhance the overall development
. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking
. The private streets shall provide adequate access for service and emergency vehicles
. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks
. The private streets do not land-lock adjacent property due to topography or parcel
layout
. Other than to provide emergency access, the private streets do not connect one public
street to another, thereby encouraging travel through the development served by the
private street
. The use or alignment of the private streets does not interfere with the continuity of
public streets
. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof
Should the applicant request to convert an approved public road to a private road the
approval will be contingent upon approval of a vacation of the public right of way by both
ACHD and the City of Eagle. The applicant shall also provide the following:
. Narrative addressing the eight items of iustification listed above.
. Documentation that ACHD has accepted the road as constructed.
. Amended final plat showing the private road identified as a common lot to be owned
and maintained by the homeowner's association.
. Addendum to the CC&R's identifYing the private road. maintenance intervals. and an
operation and maintenance bud~et.
. Documentation from ACHD approving the required storm drainage modifications to
transfer the system to private ownership.
. Storm drainage plan showing the system to be in compliance with City of Eagle storm
drainage requirements.
3.16 In all single-family attached dwelling units, first floors and shaH be insulated from seeond
floors with lightweight conerete or other produet or design that provides fire and sound
protection. fGommon walls between units shaH be insulated to mitigate transfer of noise
Page 7 of9
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2005\Legacy DA MOD2 ccf.doc
between the floors and between units. The insulation method shall be reviewed and
approved by Eagle's Building Official prior to issuance of building permits.
3.21 As required by Eagle City Code, Title 6, Chapter 5, the Property shall become part of
Eagle's municipal water system and comply with the terms of the November 17,2005,
Memorandum of Agreement or as amended and attached hereto and incorporated herein as
Exhibit M. All water mains to be dedicated to the public shall only be constructed on
rights of way, easements, or publicly owned property. Easements or permits secured for
main extensions shall be obtained in the name of Eagle, along with all rights and title to
the main, at the time water service is provided. Water mains shall be extended by
Applicants to the boundaries of the Property at locations future water system extensions
are expected to occur, as designated by the City Engineer.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on February 1, 2008.
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 February 4, 2008-. 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 February 4, 2008. The site
was posted in accordance with the Eagle City Code on February 8, 2008.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
13-05 MOD 2) 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 (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 (Residential-two units per acre planned unit development with a development
agreement) zone is compatible with the R-2-DA (Residential-two units per acre with
development agreement) zone 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 (Residential-two units per acre planned unit development with a development
agreement) zone is compatible with the RUT (Rural Urban Transitional-Ada County
designation) zone and land use to the west since State Highway 16 provides a buffer from the
existing land uses to the west;
e. The R-2-DA-P (Residential-two units per acre planned unit development with a development
agreement) zone is compatible with the RUT and R2 (Residential-Ada County designations)
zones 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 (Residential-two units per acre planned unit development with a development
agreement) zone is compatible with the RUT (Rural Urban Transitional-Ada County
designation) zone and R-2-DA-P (Residential-two units per acre planned unit development
with a development agreement) zone land uses to the south since this area is currently being
Page 80f9
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2005\Legacy DA MOD2 ccf.doc
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.
DA TED this 8th day of April 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
4cdaCoull1y daho
,..,...........
~......, f BA G.....
~fIi ~ 0 ........l.~ ....
~"t ... ...
~~. ORAl'.. "
: vl ~S Ii'.. ".
: . 0 .if .
: ev .,. : :
. . ,- --.
: .. , 1.....:
: ... S~ ~t-I~: 0 :
. "J;I :Q ..~ ~
~ · "'c 1.'(;.. ~. ...
~~ .ft ...f..po........^,. ...~
p#. ~')t .... \V ...
#"" -irE of "".....
............",'
Page 9 of9
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2005\Legacy DA MOD2 ccf.doc