Findings - CC - 2009 - RZ-19-06 MOD - Mod To Pre-Annex/Rz/Da/To Include Site Specific Hillside And Grading Standa
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE M3 )
EAGLE DEVELOPMENT AGREEMENT )
FOR M3 COMPANIES, LLC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-19-06 MOD
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their decision on October 27,2009. 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:
M3 Companies, LLC, represented by Gerry Robbins, is requesting a modification to the
pre-annexationlrezone/development agreement for the M3 Eagle Development to include
site specific hillside and grading standards as required within the original development
agreement. The 6,005 acre site is generally located north of the Farmers Union Canal and
Homer Road, east of State Highway 16 and west of Willow Creek Road.
B. APPLICATION REVIEW:
The above referenced hillside and grading standards (attached) are the result of six (6)
months of meetings between the applicant, the city engineer, and the planning staff to
establish standards and a review process for hillside development and grading within the
M3 Eagle project. The attached standards are intended to serve only the M3 site and will
be an addendum to the Development Agreement approved for RZ-19-06.
c. APPLICATION SUBMITTAL:
The original application was submitted to the City on September 3, 2008. A modified
application was submitted on June 25,2009.
D. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in the Valley Times in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 29, 2009. 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 26, 2009. The site was posted in accordance with the
Eagle City Code on July 9, 2009.
Notice of Public Hearing on the application for the Eagle City Council was published in
the Valley Times in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and the Eagle City Code on October 10, 2009. Notice of this public hearing was mailed to
property owners within three-hundred feet (300-feet) of the subject property and to all
affected agencies in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on October 7, 2009. The site was posted in accordance with the
Eagle City Code on October 15,2009. Additionally, the standards were placed on the City
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web site on September 24,2009.
E. HISTORY OF RELEVANT PREVIOUS ACTIONS:
In December 2007, the Eagle City Council approved RZ-19-06, a pre-annexation/rezone
with a development agreement for M3 Eagle (see attached DA). Paragraph 1.3 of the pre-
annexation and development agreement allows for the applicant to request alternative
hillside and grading standards (that deviate from Eagle City Code) for the development.
Customarily, modification to development agreements are not reviewed by the Eagle
Planning and Zoning Commission but the development agreement requires that any
modifications to the hillside and grading standards be reviewed under the public hearing
requirements of Eagle City Code Section 8-7 -8, including a Planning and Zoning
Commission hearing to be held (and recommendation) prior to City Council consideration.
F. AGENCY RESPONCES:
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:
City Engineer: Letter date stamped July 29,2009
Idaho Department of Environmental Quality: Letter date stamped July 9, 2009
Idaho Department of Transportation: E-mail date stamped July 8, 2009
G. LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYIS PROVIDED WITHIN THE STAFF REPORT:
A. The applicant is requesting modifications to the development agreement (Instrument #107170114)
associated with RZ-19-06 for the M3 Eagle Development to add Exhibit "R", "Grading Guidelines and
Hillside Development Standards" as noted within the Development Agreement paragraph 1.3.
B. Paragraph 1.3 of the M3 Development Agreement established the provision of alterative and site
specific grading standards for the project.
C. The City Engineer has reviewed the document and has determined that the standards meet and exceed
the standards in Eagle City Code, establishes adequate requirements upon the applicant and their
engineer that address the health, safety and welfare concerns of the City and conforms to better
engineering practices.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Staff recommends approval of the requested development agreement modification to include site
specific hillside and grading standards with the proposed changes contained in the document
entitled "M3 Grading Guidelines and Hillside Development Standards" date stamped July 28,
2009, incorporated herein by reference.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
3, 2009, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. No oral testimony was presented to the Planning and Zoning Commission (other than the
applicant/representative).
C. No oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission.
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COMMISSION RECOMENDA TION:
The Commission voted 5 to 0 to recommend approval of RZ-19-06 MOD for a development
agreement modification for M3 Companies, LLC to include site specific hillside and grading
standards with the proposed changes contained in the document entitled "M3 Grading Guidelines
and Hillside Development Standards" date stamped by the City on July 28, 2009, incorporated
herein by reference.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 27, 2009, 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-19-06 MOD for a development agreement modification
for M3 Companies, LLC to include site specific hillside and grading standards with the proposed
changes contained in the document entitled "M3 Grading Guidelines and Hillside Development
Standards" date stamped by the City on July 28,2009, incorporated herein by reference.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 3, 2008.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in the Valley Times in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City Code on June 29,2009. 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 26, 2009. The site was
posted in accordance with the Eagle City Code on July 9, 2009.
Notice of Public Hearing on the application for the Eagle City Council was published in the Valley
Times in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on October 10, 2009. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property and to all affected agencies in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on October 7, 2009. The site
was posted in accordance with the Eagle City Code on October 15, 2009. Additionally, the standards
were placed on the City website on September 24,2009.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
19-06 MOD) with regard to Eagle City Code Section 8-7-5 "Action by the modification is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because
the modification further restricts the development and such standards were envisioned in the original
approval (M3 Companies, LLC. development agreement and Finding of Fact and Conclusion of Law
dated December 18, 2007).
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DATED this 24th day of November 2009.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada nt ,Idaho
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