Findings - CC - 2012 - RZ-23-07MOD - Mod To Da/Instr#109021224/Terra View /Mu/231.7 Acre Res/55.9 Commercial BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A MODIFICATION TO THE REZONE WITH )
DEVELOPMENT AGREEMENT FOR SB/CH )
LAND COMPANY(FLACK/CARLOCK),LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-23-07 MOD
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their decision on January 10, 2012. 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:
SB/CH Land Company (Flack/Carlock), LLC, represented by Richard Andrus with Spink
Butler, LLP, is requesting modifications to the development agreement (Instrument
#109021224) associated with the MU-DA (Mixed Use with a development agreement in
lieu of a PUD) zoning classification for the Terra View development, a mixed use
development including +/- 231.7 acres of residential use (single-family and multi-family
units) and +/- 55.9 acres of commercial uses. The 287.6-acre site is located at the
Northeast corner of Beacon Light Road and State Highway 16.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 16, 2011.
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 December 26, 2011. 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 December 19,
2011. The site was posted in accordance with the Eagle City Code on December 28, 2011.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 9, 2009, the City Council approved an annexation and rezone from RUT
(Rural-Urban Transition — Ada County designation) to MU-DA (Mixed Use with a
development agreement in lieu of a PUD) for the Terra View development for SB/CH
Land Company (Flack/Carlock), LLC. At that time the Council instructed staff to work
with the applicant to address the concerns of the Council regarding transitioning of lots
adjacent to the eastern boundary prior to approving the development agreement for the
project(A-16-07/RZ-23-07).
On January 9, 2009, the Council approved the development agreement associated with the
Terra View development for SB/CH Land.Company(Flack/Carlock),LLC.
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential & RUT(Rural Urban Proposed Terra View
Village Center(Sub-area) Transition-Ada County Development(Mixed Use
Designation) Commercial and Residential
Development)
Proposed No Change No Change No Change
North of site Transitional Residential A-R-DA &RUT Agricultural land and
(Agricultural-Residential proposed M-3 Hanson
with a development Subdivision
agreement and Rural-Urban
Transition—Ada County
Designations)
South of site Residential Two(up to 2 RUT(Rural-Urban Agricultural land and a
units per acre) and Transition-Ada County single-family residence
Village Center(Sub-area) Designation)
East of site Transitional Residential& RUT(Rural-Urban Agricultural land
Village Center(Sub-area) Transition-Ada County
Designation)
West of site City of Star's Area of RUT(Rural-Urban Trellis Subdivision & Eagle
Impact Transition-Ada County Knoll Winery
Designation)
F. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA.
G. TOTAL ACREAGE OF SITE: 287.6 Acres
Acres of Residential: 241.67 Acres 84.1% (inclusive of open space)
Acres of Commercial: 46.0 Acres 15.9%
Open Space: 67.38 Acres 27.9% (inclusive of parks (public and private, pathways,
and buffer areas
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.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
J. NON-CONFORMING USES:None are apparent on the site.
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K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (A-16-07/
RZ-23-07) and their correspondence is attached to the staff report and incorporated herein
by reference:
Ada County Highway District
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Sewer District
Idaho Power Company
Idaho Transportation Department
Joint School District No. 2
Star Joint Fire Protection District
L. LETTERS FROM THE PUBLIC:None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
• As noted in the narrative date stamped by the City on November 16, 2011, the applicant is
requesting a modification to the development agreement (Effective Date February 25, 2009 —
Instrument #109021224) associated with the rezone for the Terra View development (RZ-23-07).
The applicant's first request is to modify Condition of Development 3.2 to allow eight (8) years
from the effective date of the development agreement for submittal of a preliminary plat
application. Pursuant to Condition of Development 3.2, the applicant is required to submit a
preliminary plat for all or a portion of the property within three (3) years of the Effective Date of
the development agreement. The modification request will allow the applicant an additional five
(5) years to submit a preliminary plat application given that approximately three (3) years have
passed since the effective date of the executed development agreement. As stated in the applicant's
narrative, "in order to assure that the Terra View project can move forward successfully, the
applicant is requesting that the requirement for filing a preliminary plat application be extended to
reflect current market conditions." As also stated in the applicant's narrative, the purpose of the
present application is to modify the Original Development Agreement so the Terra View project
can develop in a manner contemplated by the City of Eagle and SB/CH under the original rezone
and Original Development Agreement." Since the effective date of the development agreement
was February 25, 2009, SB/CH Land Company (Flack/Carlock) is required to submit a
preliminary plat application for all or a portion of the property prior to February 25, 2012.
• The executed development agreement contains a detailed Concept Plan that shows the general
layout of the proposed development. Pursuant to the executed development agreement the
applicant is required to submit a preliminary plat application for all or a portion of the
development that is generally consistent with the Concept Plan. The preliminary plat application
will be reviewed by staff to ensure the proposed preliminary plat is in conformance with the
executed development agreement and Eagle City Code.
Pursuant to the executed development agreement upon the approval of a preliminary plat the
approved plat is valid for two (2)years prior to the applicant being required to either submit a final
plat application or a request for an extension of time of the preliminary plat. The applicant is
requesting additional time to allow for the market conditions to improve and file a preliminary plat
at that time. If the request is denied the question will be, "Is the applicant going to submit a
preliminary plat application for a substantial potion of the project or is the applicant going to
submit a preliminary plat application for a very small portion of the project to comply with the
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Condition of Development and request an extension of time two (2) years later or submit a new
preliminary plat application for a substantial portion of the project?" Based on, 1)the detail of the
Concept Plan incorporated as an exhibit in the executed development agreement, 2) the
preliminary plat application submittal must be generally consistent with the Concept Plan, and 3)
the applicant is requesting a modification to allow up to eight (8) years from the development
agreement effective date to submit a preliminary plat application. Staff recommends that the
development agreement be modified to allow a total of six (6) years from the effective date of the
originally executed development agreement. With the approval of the development agreement
modification an additional three (3) years (from February 25, 2012) will be allowed before a
preliminary plat application must be submitted.
• The applicant is also requesting a modification of Condition of Development 3.22 regarding a
typographical error. The Condition of Development reads as follows:
3.22 The Property is located within both the Eagle Fire District and the Star Joint Fire
Protection District and, therefore, Applicant shall work with both the Eagle Fire
District and the Star Joint Fire Protection District for all fire service/protection
issues as it applies to the respective Fire Districts; provided, however, nothing in
this Section 3.24 shall limit Applicant's ability to annex into one fire district so
long as Eagle Fire District, Star Joint Fire Protection District and Applicant
working in good faith reach agreement in a recorded Memorandum of
Understanding or as otherwise allowed under Idaho Law.
The section referenced in the fourth line (underlined) should have been Section 3.22 instead of
Section 3.24 and the request is to correct the typographical error.
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:
3.2 Applicant shall develop the Property subject to the conditions and limitations set forth in this
Agreement. Applicant shall also 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 in effect as of the
Effective Date of this Agreement. Applicant shall submit a preliminary plat for all or a portion
of the Property within six (6) years of the Effective Date. An approved preliminary plat shall
expire two (2) years following action by Eagle City Council, or after any additional period of
time as may be approved by Eagle City Council, not to exceed an additional three (3) years,
which approval shall not be unreasonably withheld. All preliminary plat applications must be
submitted within fifteen (15) years after the initial preliminary plat has been approved by
Eagle City Council. A final plat application must be submitted to Eagle prior to the expiration
of the applicable preliminary plat. In the event that final plat applications in connection with
portions of a preliminary plat are submitted in an orderly and reasonable manner in intervals
not to exceed one (1) year following the recordation of the last final plat, such final plat
applications shall be considered for final approval without resubmission of the preliminary plat
for approval. A final plat shall be recorded in two (2) years following Eagle City Council
action on the final plat; provided however, Eagle City Council may approve the extension of
such two (2) year period, which approval shall not be unreasonably withheld, for a period of
time not to exceed three (3) years to facilitate the completion improvements required by the
applicable sections of Eagle City Code. As part of its consideration to extend the time frame
in this Section, Eagle City Council may require Applicant to adhere to subdivision ordinances
and resolutions in effect at the time the extension is requested.
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3.22 The Property is located within both the Eagle Fire District and the Star Joint Fire Protection
District and, therefore, Applicant shall work with both the Eagle Fire District and the Star
Joint Fire Protection District for all fire service/protection issues as it applies to the respective
Fire Districts; provided, however, nothing in this Section 3.22 shall limit Applicant's ability to
annex into one fire district so long as Eagle Fire District, Star Joint Fire Protection District and
Applicant working in good faith reach agreement in a recorded Memorandum of
Understanding or as otherwise allowed under Idaho Law.
PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council on January 10, 2012, 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
(not including the applicant/representative) who indicated that due to the additional traffic that
would be created upon completion of the development and the impact of headlights shining on his
residence from vehicles exiting the development he is in support of allowing the applicant
additional time prior to submitting a preliminary plat application.
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-23-07 MOD for a modification to the Conditions of
Development of the development agreement (Instrument#109021224) for SB/CH Land Company
(Flack/Carlock), LLC, with the following strike through text to be deleted from the Conditions of
Development of the previously approved development agreement and underlined text to be added
to the Conditions of Development of the previously approved development agreement:
3.2 Applicant shall develop the Property subject to the conditions and limitations set forth in
this Agreement. Applicant shall also 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 in effect as of
the Effective Date of this Agreement. Applicant shall submit a preliminary plat for all or a
portion of the Property within three years (3) six (6) years of the Effective Date. At the
termination of the six (6) year time period the applicant shall be permitted a two (2) year
extension of time under the criteria in the code that exists at the time the extension of time
application is submitted. An approved preliminary plat shall expire two (2) years
following action by Eagle City Council, or after any additional period of time as may be
approved by Eagle City Council, not to exceed an additional three (3) years, which
approval shall not be unreasonably withheld. All preliminary plat applications must be
submitted within fifteen (15) years after the initial preliminary plat has been approved by
Eagle City Council. A final plat application must be submitted to Eagle prior to the
expiration of the applicable preliminary plat. In the event that final plat applications in
connection with portions of a preliminary plat are submitted in an orderly and reasonable
manner in intervals not to exceed one (1) year following the recordation of the last final
plat, such final plat applications shall be considered for final approval without
resubmission of the preliminary plat for approval. A final plat shall be recorded in two (2)
years following Eagle City Council action on the final plat; provided however, Eagle City
Council may approve the extension of such two (2) year period, which approval shall not
be unreasonably withheld, for a period of time not to exceed three(3)years to facilitate the
completion improvements required by the applicable sections of Eagle City Code. As part
of its consideration to extend the time frame in this Section, Eagle City Council may
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require Applicant to adhere to subdivision ordinances and resolutions in effect at the time
the extension is requested.
3.22 The Property is located within both the Eagle Fire District and the Star Joint Fire
Protection District and, therefore, Applicant shall work with both the Eagle Fire
District and the Star Joint Fire Protection District for all fire service/protection
issues as it applies to the respective Fire Districts; provided, however, nothing in
this Section 3.224 shall limit Applicant's ability to annex into one fire district so
long as Eagle Fire District, Star Joint Fire Protection District and Applicant
working in good faith reach agreement in a recorded Memorandum of
Understanding or as otherwise allowed under Idaho Law.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on January 10, 2012.
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 December 26,
2011. 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 December 19, 2011. The site was posted in accordance with the Eagle City
Code on December 28, 2011.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
23-07 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 zoning designation of MU-DA (Mixed Use with development agreement in lieu
of a PUD) is consistent with the Village Center, and Transitional Residential designation as
shown on the Comprehensive Plan Land Use Map and is consistent with the Community
Center designation as shown on the Foothills Future Land Use Map contained within the
Comprehensive Plan since conditions of development have been placed in the development
agreement to assure that the MU-DA (Mixed Use with development agreement in lieu of a
PUD)zone;
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
at the time of development as conditioned in the original development agreement, to serve all
uses allowed on this property under the proposed zone and development agreement. The
public facilities needed for the site will also be addressed, pursuant to agency responses and
the executed development agreement, during the preliminary plat approval process;
c) The proposed MU-DA (Mixed Use with development agreement) is compatible with the RUT
(Rural-Urban Transition-Ada County designation) zone and land uses to the south since this
area has the same Comprehensive Plan designation as this site, and is located within the
Village Planning Area and Community Center area and may be developed with similar uses;
d) The proposed MU-DA (Mixed Use with development agreement) is compatible with the RUT
(Rural-Urban Transition-Ada County designation) zone and land uses to the east since a buffer
area will be required adjacent to the eastern boundary and that 2/3 of the residential
development in the overall project takes place prior to the development of the "Active Adult"
community east of the collector. The area east of the proposed development also has the same
Comprehensive Plan designation as this site, and may be developed with similar uses;
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e) The proposed MU-DA (Mixed Use with development agreement) is compatible with the RUT
(Rural-Urban Transition-Ada County designation) zone and land uses to the west since a
winery, golf course, and State Highway 16 provide a separation to the proposed land uses
within this development;
f) The proposed MU-DA (Mixed Use with development agreement) is compatible with the A-R-
DA (Agricultural-Residential — one unit per five acres with a development agreement) and
RUT (Rural-Urban Transition-Ada County designation) zones to the north since this area has
the same Comprehensive Plan designation as this site, and may be developed with similar
transitioning uses;
g) The land proposed for rezone is located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan. Portions of the site are located within a floodplain
area. The development of the site will be required to meet the requirements of Eagle City
Code, Title 10, Flood Control or the applicant will be required to submit a LOMR (Letter of
Map Revision) removing the site from the floodplain through FEMA (Federal Emergency
Management Administration)and the City of Eagle; and
h) No non-conforming uses are expected to be created with this rezone pursuant to the conditions
placed within the development agreement.
DATED this 24th day of January 2012.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Ales D. Reynolds, Ma
ATTEST:
haron K. Bergmann, Eagle Ci Clerk
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