Findings - CC - 2008 - RZ-01-07 MOD - Mod To Conditions Of Development/Lockey Estates/Tabasco Trail Subd/5.70 Acr
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE REZONE )
FOR DWAYNE LINGEL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-OI-07 MOD
The above-entitled annexation, rezone, and preliminary plat applications came before the Eagle City
Council for their action on June 26, 2008, at which time public testimony was taken and the public hearing
was closed. 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:
Dwayne Lingel, represented by Van Elg with the Land Group, Inc., is requesting a
modification to the development agreement Conditions of Development 3.5,3.6,3.7 and
3.8 to remove language that encourages the applicant to form ajoint water association and
ajoint homeowners association with the adjacent developments to the west (Lockey
Estates Subdivision and Tabasco Trail Subdivision). The 5.70-acre site is located on the
east side of Park Lane Road approximately 1,200-feet south of Beacon Light Road at 2440
North Park Lane.
B. APPLlCA TION SUBMITTAL:
The application for this item was received by the City of Eagle on May 8, 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 June 9, 2008, 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 June 5, 2008.
The site was posted in accordance with the Eagle City Code on June 13,2008.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: NA
On June 26, 2007, the City Council approved an annexation and rezone from RUT (Rural
- Urban Transition - Ada County designation) to R-2-DA (Residential, 1.7-units per acre
with development agreement) and a preliminary plat for Adonai Subdivision. The 5.70-
acre residential subdivision will consist of 10 lots (8 - buildable, 2 - common). The site is
located on the east side of Park Lane Road approximately 1,200-feet south of Beacon
Light Road at 2440 North Park Lane.
E. COMPANION APPLICATIONS: NA
F. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter attached to the staff report and incorporated herein by
reference.
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G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (Two RUT (Rural Urban Transition Agriculture
units per acre maximum) - Ada County designation)
Proposed No Change R-2-DA (1.7-units per acre Single family residential
with development agreement)
North of site Residential Two (Two RUT (Rural Urban Transition Single family residential,
units per acre maximum) - Ada County designation) agriculture
South of site Residential Two (Two Rl (Residential, up to one Single family, residential
units per acre maximum) unit per acre maximum - Ada (Puffin Park Subdivision)
County designation)
East of site Residential Two (Two RUT (Rural Urban Transition Agriculture
units per acre maximum) - Ada County designation)
West of site Residential Two (Two Rl (Residential, up to one Single family residential
units per acre maximum) unit per acre maximum - Ada (Ripcord Ranch
County designation) Subdivision)
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
1. SITE DATA:
Total Acreage of Site - 5.70
Total Number of Lots - 10
Residential - 8
Common - 2
Total Number of Units -
Single-family - 8
Total Acreage of Any Out-Parcels - none
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1.7-units per acre 1.7-units per acre maximum
Minimum Lot Size 20,204-square feet l7,000-square feet
Minimum Lot Width 120-feet 75-feet
Minimum Street Frontage 58-feet 30- feet
Total Acreage of Common Area .57-acres .57-acres (minimum)
Percent of Site as Common Area 10.1% 10% (minimum)
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
According to the narrative supplied by the applicant and date stamped by the City on
January 10, 2007, the property will be serviced by the Eagle Fire Department, United
Water, and the Eagle Sewer District.
K. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern: none
Evidence of Erosion: no
Fish Habitat: none
Floodplain: no
Mature Trees: none
Riparian Vegetation: none
Steep Slopes: none
Stream/Creek: none
Unique Animal Life: none
Unique Plant Life: Unknown
Unstable Soils: no
Wildlife Habitat: none
L. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
M. AGENCY RESPONSES:
City Engineer: All comments within the Engineer's letter are of special concern (attached to the
staff report).
N. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The Comprehensive Plan Land Use Map designates this site as Residential Two:
Suitable primarily for single family residential development within areas that are rural in
character.
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B. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: None
C. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
8-10-1 (G) Modification of a Development Agreement:
A development agreement may be modified by the city council only after complying
with the notice and public hearing provisions of section 67-6509 of the Idaho Code.
D. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: None
E. DISCUSSION:
· The applicant is requesting modification to the rezone development agreement associated with
Adonai Subdivision (RZ-Ol-07). In general, the modifications remove language stipulating that
the applicant participate in ajoint irrigation agreement and common homeowner's association with
the adjacent developments (Lockey Subdivision and Tobasco Trail Estates Subdivision). If
approved, the modified language will allow the applicant to move forward with development and
to independently provide irrigation and open space to the residents of Adonai Subdivision. The
City Engineer has provided a letter indicating that the applicant has sufficient water available to
meet the City's minimum standards such that an independent irrigation system could adequately
function.
· The applicant is also proposing to construct an off site storage pond to provide for the irrigation
storage needs for the subdivision. The pond is proposed to be located on property owned by the
applicant directly north of the proposed subdivision. The applicant has provided the City an
affidavit of legal interest signed by the owner of the property (Jane Klosterman) to the north
allowing an easement on her property for the creation and placement of the pond.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval of the following modifications to the development agreement with the
amended conditions to read as follows:
3.5 The conditions, covenants, and restrictions for the Property shall contain at least the following:
(a) Provide that the association for Adonai Subdivision shall have the duty to
maintain and operate the pressurized irrigation system for Adonai Subdivision
and all of the 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 shall be
developed by the association that will recognize a duty by the association to
maintain and operate the pump providing water to the system, including the
funding mechanism for the repair and replacement of the pump.
3.8 Usable park amenities such as, pathways, picnic tables, gazebos and/or similar amenities as
determined by the City Council shall be provided within the open space areas. Landscape
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plans showing open space amenities shall also be reviewed and approved by the Design
Review Board prior to submittal of a final development plan/final plat.
3.11 Provide a cross-access agreement between the applicant and the adjoining property owner to
the north where the off-site pressurized irrigation storage pond serving the property is
proposed to be located. The cross-access agreement shall be in perpetuity and provide an
easement for maintenance of the off-site pressurized irrigation storage pond.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on June 24, 2008, 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 MODIFICATION TO THE REZONE:
The Council voted 4 to 0 to approve RZ-Ol-07 MOD for a modification to the Conditions of
Development and associated exhibits within the development agreement for Dwayne Lingel., with
the following strike through text to be deleted from the previously approved development
agreement and the underlined text to be added:.
3.5 The conditions, covenants, and restrictions for the Property shall contain at least the following:
(c) Provide that the associationEsj for Adonai Subdivision shall have the duty to
maintain and operate the pressurized irrigation system for Adonai Subdivision
and all of the 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.
(d) An operations and maintenance manual for the irrigation system requiring ajoing
water association(s) shall have theshall be developed bv the association that will
recognize a duty by the association to maintain and operate the pump providing
water to the system, including the funding mechanism for the repair and
replacement of the pump.
3.6 Providc a formalized agreement between the property O'Nners of June Lockey, Tobaseo Trail
Estates, and ,'\donai Subdivisions for a Joint Water /\ssociation to operate and maintain the
pressurized ilTigation system. The Joint Water }\ssociation agreement shall be submitted at
the time of application for final plat approval.
3.7 Provide a formalized agreement for a Joint Homeo'Nner's Association for June Lockey.
Tobasco Trail Estates, and ,^.donai Subdi','isions for the operation and maintenanco of tho
common m'oas. The [{)rmalized agrccment shall be submitted at the time of application for
final plat approval.
3.9 Usable park amenities such as, pathways, picnic tables, gazebos, swing sots, basketball courts,
ball fields and/or similar amenities as determined by the City Council shall be provided within
the open space areas. Landscape plans showing open space amenities shall also be reviewed
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and approved by the Design Review Board prior to submittal of a final development plan/final
plat.
3.11 Provide a cross-access agreement between the applicant and the adjoining property owner to
the north where the off-site pressurized irrigation storage pond serving the property is
proposed to be located. The cross-access agreement shall be in perpetuity and provide an
easement for maintenance of the off-site pressurized irrigation storage pond.
CONCLUSIONS OF LAW:
1. The applications for this item were received by the City of Eagle on May 8, 2008.
2. 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 June 9, 2008,
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 June 5, 2008. The site was posted in accordance with the Eagle City Code on June
13, 2008.
3. The City Council reviewed the particular facts and circumstances of this proposed modification to the
development agreement 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 annexation and rezone
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The requested zoning designation of R-2-DA (Residential 1.7 -units per acre maximum with a
Development Agreement) is in accordance with the Residential Two classification as 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 required to be provided,
to serve a single-family dwelling residential subdivision on this property under the proposed
zone;
c. The proposed R-2-DA (Residential 1.7-units per acre maximum with a Development
Agreement) is compatible with the R-l (Residential, up to one units per acre) zone and land
use to the south since that area is buffered from the proposed development by Tobasco Trail
Road;
d. The proposed R-2-DA (Residential 1.7-units per acre maximum with a Development
Agreement) is compatible with the RUT (Rural Urban Transition, Ada County designation)
zone and land use to the east since that area has the same Comprehensive Plan designation as
this site;
e. The proposed R-2-DA (Residential 1.7-units per acre maximum with a Development
Agreement) is compatible with the RI (Ada County designation) zone and land use to the west
since that area has the same Comprehensive Plan designation as this site;
f. The proposed R-2-DA (Residential 1. 7-units per acre maximum with a Development
Agreement) is compatible with RUT (Rural Urban Transition) zone and land use to the north
since that area has the same Comprehensive Plan designation as this site;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. As stated in the Development Agreement, the applicant will remove all existing structures on
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the site, therefore, no non-conforming uses are expected to be created with this rezone.
DATED this 12th day of August 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
A a , Idaho
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