Findings - 2020 - RZ-05-02 MOD6 - Modify Conditions Of Development In Lakemoor 011 L
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIriCATION(DEVELOPMENT )
AGREEMENT IN LIEU OF A PUD)FOR )
LAKEMOOR SUBDIVISION FOR )
C&O DEVELOPMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-05-02 MODE
The above-entitled rezone modification application came before the City Council for their action on
February 11, 2020, 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:
C & 0 Development, represented by Dan Torfin, Inc., is requesting a development agreement
modification to modify the condition of development relating to setbacks within Lakemoor
Subdivision. The 153.77-acre site is generally located on the east side of Eagle Road
approximately 1000-feet north of Chinden Boulevard.
B. APPLICAIION SUBMITTAL:
The application for this item was received by the City of Eagle on December 30,2019.
C. NO liCE 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
January 24, 2020. 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 January 24, 2020. The site was posted in
accordance with the Eagle City Code on January 31, 2020.
D. HISTORY OF RELEVANT PREVIOUS ACI'IONS:
On August 9, 2016, the City Council approved a rezone with a development agreement,
modifications to the preliminary plat and the Third Amended and Restated Development
Agreement(Lakemoor Subdivision)(Instrument f2017-032373)development agreement(RZ-05-
02
MOD4/RZ-03-1 6/PP-03-05 MOD2).
On January 22, 2019,the City Council approved a design review application for the common area
landscaping within Lakemoor Subdivision No. 8 for C and 0 Development,Inc. (DR-56-18).
On January 22, 2019, the City Council approved the final plat for Lakemoor Subdivision No. 8
for C&0 Development,Inc. (FP-09-.18).
On November 15, 2019, the final plat for Lakemoor Subdivision No. 8 was recorded at the Ada
County Recorder's Office(instrument#2019-114490).
For additional property history see:A-91/RZ-91/PP-91 /CPA-02-02/A-03-02/RZ-05-02/PP-03-
OS / FP-13-OS / FP-14-OS / RZ-05-02MOD / FP-04-06 / EXT-21-09 / EXT-08-11 / RZ-05-
Page
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02MOD2/RZ-05-02M0D3/PP-03-O5MOD/FP-Oi-13/FP-07-13/FP-04-13/FP-08-15/RZ-
05-02M0D5/FP-02-16
/DR-78-16/FP-17-16/FP-02-17/ FP-03-17 and FP-02-19.
E. COMPANION APPLICA1'IONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNAtIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with Lakemoor Subdivision
development agreement)
•
Proposed No Change No Change Modification of the
Lakemoor Subdivision
development agreement
North of site Professional MU-DA(Mixed Use with Coast To Coast Subdivision
Office/Business Park and development agreement), (Laguna Pointe
Neighborhood Residential R-2-DA-P(Planned Unit Subdivision)
Development,Residential-
two units per acre
maximum with a
development agreement)
and R-E-DA-P(Planned
Unit Development,
Residential Estates one unit
per two acres maximum
with a development
agreement)
South of site Mixed Use and R-1 (Residential-one unit Rural Residences&Eagle
Commercial per acre maximum),G1- Market Place
DA(Neighborhood
Business District with a
development agreement),
C-2-DA(General Business
District with a development
agreement)
East of site Not in Eagle Area of RUT(Rural-Urban Boise City Wastewater
Impact Transition(Ada County facility
designation)
West of site Large Lot Residential and MU-DA(Mixed Use with a Banbury,Banbury
Neighborhood Residential development agreement), Meadows&Fresh Creek
R-1-P(Residential—PUD), Subdivisions
R-2(Residential),&R-2-P
(Residential—PUD)
G. DESIGN REVIEW OVERLAY DIStRICT:Not in the DDA, IDA,CEDA,or DSDA.
H. TOTAL ACREAGE OF SITE: 153.77-acres
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APPLICANT'S STAIEMENT OF JUSTIFICATION FOR [HE REZONE MODIFICA1'ION:
See applicant's justification letter, date stamped by the City on December 30, 2019, and
incorporated herein by reference(attached to the staff report).
J. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
K. NON-CONFORMING USES:None are apparent on the site.
L. AGENCY RESPONSES:
The following agencies have previously responded with the previous application(RZ-05-02
MOD4)and their correspondence is attached to the staff report and incorporated herein by
reference:
Central District Health
Chevron Pipe Line Company(CPL)
Eagle Fire
Middleton Irrigation Association and Middleton Mill Ditch Co
Republic Services
Ringert Clark
M. LETTERS FROM I'HE PUBLIC:None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAi ' ANALYSIS
PROVII)ED WITHIN THE STAn'REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING [HIS PROPOSAL:None
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
1 HIS PROPOSAL:None
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING 1HIS PROPOSAL:
3.3 Area E of the Property, as depicted on Exhibit A2, may be developed by Owner with a
combination of any commercial and residential uses allowed within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations" under the MU zoning
designation (except as limited in Section 3.9, below), a copy of which is attached as
Exhibit D. An assisted living facility/senior housing development shall be a permitted
use within Area E. Buildings up to a maximum of 50,000 square feet each are permitted
for this area. This square foot limitation does not apply to Fitness/Indoor Recreation
Facilities, Education Facilities, and Hotels. The maximum height of Hotels and Office
Buildings shall be 50 feet; non-habitable architectural elements shall be a maximum
height of 60 feet. Multiple buildings are permitted to be located on the same lot,
provided however, that the maximum lot coverage requirements stated in Eagle City
Code are not exceeded.
The residential lots depicted on Exhibit A2 are to be developed by Owner in a
combination of either attached and/or detached townhomes at an approximate density of
10 units per acre.
Ei Setbacks and Minimum Lot Size for the Townhomes
Front 10 feet
Rear 10 feet
Interior(common wall) 0 feet
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Minimum Lot Size 2,500 square feet
Streets Gated Private Streets
Maximum Lot Coverage 60%
D. DISCUSSION:
• The executed development agreement (Ada County instrument #2017-032373) addresses (in
part)the required setbacks associated with the Lakemoor development. The required setbacks
are based on specific areas of the development as shown on Exhibit"A2" of the development
agreement. Condition of Development #3.3 indicates the residential lots depicted on Exhibit
"A2 within Area"E"are to be developed in a combination of either attached and/or detached
townhomes. The required setbacks within Condition of Development #3.3 requires the
interior (common wall) setback to be 0 feet, however, it does not identify the required side
setbacks for the side of the dwelling unit that is not attached. The applicant is requesting to
modify the development agreement to clarify the side setbacks associated with the detached
side of the dwelling unit. The applicant is requesting the following side setbacks for the
detached portion of the dwelling unit:
Side 0 feet(adjacent to common lot or exterior
boundary)
Side 3 feet (adjacent to building lot; a 2-foot
setback is allowed where all Fire and
Building Code requirements are met.)
The applicant is also requesting a 0-foot setback from the exterior boundary and/or common
areas. In the event a 0-foot setback was permitted adjacent to the exterior boundary and/or
common areas it would allow for drainage from the dwelling unit to encroach onto the
adjacent property. The setback should be a minimum of 3-feet to allow the drainage to be
maintained within the buildable lot.
STAFY RECOMMENDATION PROVIDED WITHIN THE STAJ 'REPORT:
Based upon the information provided to staff to date, if the requested development agreement
modification is approved staff recommends Condition on Development 3.3 be modified to read as shown
within the staff report.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 11, 2020, 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 the application was presented to the City Council by no one(not including
the applicant!representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-05-02 MOD6 for a modification to the third amended and
restated development agreement (recorded as Instrument No. 2017-032373) for C&O Development with
the following staff recommended modification to Condition of Development#3.3 with strike through text
to be deleted by the Council and underline text to be added by the Council:
3.3 Area E of the Property, as depicted on Exhibit A2, may be developed by Owner with a
combination of any commercial and residential uses allowed within Eagle City Code Section 8-2-
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3 "Official Schedule of District Regulations"under the MU zoning designation(except as limited
in Section 3.9, below),a copy of which is attached as Exhibit D. An assisted living facility/senior
housing development shall be a permitted use within Area E. Buildings up to a maximum of
50,000 square feet each are permitted for this area. This square foot limitation does not apply to
Fitness/Indoor Recreation Facilities, Education Facilities, and Hotels. The maximum height of
Hotels and Office Buildings shall be 50 feet; non-habitable architectural elements shall be a
maximum height of 60 feet. Multiple buildings are permitted to be located on the same lot,
provided however,that the maximum lot coverage requirements stated in Eagle City Code are not
exceeded.
The residential lots depicted on Exhibit A2 are to be developed by Owner in a combination of
either attached and/or detached townhomes at an approximate density of 10 units per acre.
❑ Setbacks and Minimum Lot Size for the Townhomes
Front 10 feet
Rear 10 feet
Ifitefier Side(common wall) 0 feet(common wall or adjacent to a common lot)
Side 3 feet(adjacent to a building lot or exterior boundary)
Minimum Lot Size 2,500 square feet
Streets Gated Private Streets
Maximum Lot Coverage 60%
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone modification
(RZ-05-02 MOD6) 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 zoning designation of MU-DA (Mixed Use with a development agreement) is in accordance
with the Mixed Use designation shown on the Comprehensive Plan Land Use Map; and
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that public facilities exist to serve any and all uses allowed on this property
under the zone.
c. The MU-DA(Mixed Use with a development agreement)zone has previously been determined to
be compatible with the zoning and land uses to the south,north,west and east; and
d. The land is not located within a "Hazard Area" or "Special Area" as described within the
Comprehensive Plan; and
e. No non-conforming uses are expected to be created with this rezone pursuant to the provisions of
the development agreement.
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DATED this 25th day of February 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
♦ ,{ (llam
%.taso "Pierce, Mayor ,O •'
ATTEST: , • •
% / SEM-
• * ..• o
•
Sharon K. Bergmann, Eagle CityfClerk �y 0.•....''' ' •••O
OF vO ♦*♦•
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