Findings - CC - 2016 - RZ-13-05MOD 3 - Mod To Da/Inst#106161990/Legacy Development/623.9 Acre/ BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE LEGACY )
DEVELOPMENT REZONE DEVELOPMENT )
AGREEMENT FOR CLOUD BERRY,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-13-05 MOD 3
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their consideration on February 14, 2012. The public hearing was continued to March 27,
2012, at which time the application was remanded to staff. The application was re-noticed and the rezone
with development agreement modification application came before the Eagle City Council for their
consideration on June 12, 2012, at which time testimony was taken and the public hearing was closed to
oral testimony. The application was continued to June 26, 2012, to allow for additional written testimony
to be provided addressing specific concerns regarding commercial acreage and sewer service locations for
adjoining properties. The written testimony was provided addressing those concerns and the public hearing
was closed. The Council made their decision at that time. 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:
Cloud Berry, LLC, represented by Justin Martin, is requesting a modification 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. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 10, 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 January 30, 2012. 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 26,
2012. The site was posted in accordance with the Eagle City Code on February 3, 2012.
Due to the application being remanded to staff on March 27, 2012, Notice of Public
Hearing on this application for the Eagle City Council was re-published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
May 28, 2012. 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 May 21, 2012. The site was
posted in accordance with the Eagle City Code on May 24, 2012.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation, rezone with development
agreement, conditional use permit,preliminary development plan, and preliminary plat(A-
09-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06)for the Legacy Planned Community.
On August 28, 2007, the City Council approved the final development plan and final plat
FPUD-01-07/FP-01-07/FP-02-07, for Mosca Seca Subdivision Phases No. 1 &No. 2.
On September 18, 2007, the City Council approved a modification to the Conditions of
Development and associated exhibits (RZ-13-05 MOD) to the development agreement to
provide a time schedule for the build-out of the Academy Core area located within Mosca
Seca Subdivision(located within the Legacy Planned Unit Development).
On February 19, 2008, the City Council approved a modification to the Conditions of
Development and associated exhibits (RZ-13-05 MOD 2) within the development
agreement to address the percentage of allowable second story square footage in
relationship to the first floor for homes located on lots less than 8,000-square feet in size,
the provisions of private roads, construction flooring material for attached single-family
dwellings, and the Memorandum of Agreement regarding the on-site municipal water
system.
On March 11, 2008, the Mosca Subdivision No. 1 final plat was recorded at the Ada
County Recorder's office.
On August 25, 2008,the Mosca Seca Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
On October 13, 2009, the City Council approved an extension of time (EXT-12-09) for
the preliminary plat for Mosca Seca Subdivision (PP-01-06) to be valid until August 25,
2010.
On November 9, 2010,the City Council approved an extension of time (EXT-07-10) for
the preliminary plat for Mosca Seca Subdivision(PP-O1-06)to be valid until August 25,
2011.
On September 13, 2011,the City Council approved an extension of time(EXT-06-11) for
the preliminary plat for Mosca Seca Subdivision(PP-01-06)to be valid until August 25,
2012.
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN 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 Northstar
units per acre planned unit Charter School
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.
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-9-
05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06)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 #106161990)
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 November 10, 2011. The
existing Conditions of Development the applicant is requesting to modify are shown in bold and
the applicant's proposed modifications are shown in bold italic.
• The applicant is proposing 1,094 dwelling units to be developed on the undeveloped Applicant's
Parcel (as defined pursuant to the development agreement modification). The proposed 1,094
dwelling units is the number of dwelling units remaining from the original 1,373 dwelling units
minus the number of units that have been platted with the Mosca Seca Subdivision and minus the
number of units allotted within the Haynes parcel located north of North Star Charter School.
Existing
Condition 3.4.1 Residential Development (Sections 3.4.1.1, 3.4.1.2 and 3.4.1.3 are to be
restated as follow):
3.4.1.1 Up to 1,373 dwelling units may be developed on the Property.
The applicant is proposing Condition of Development 3.4.1.1 to read as follows:
Proposed
3.4.1.1 A density of 2.2 Dwelling Units per acre for the Original Property permitted
1,373 Dwelling Units. After subtracting the existing 241 Residential Building Lots on the
Platted Portion and allocating potentially 38 Dwelling Units to the Haynes Parcel, there
remains 1,094 dwelling units that may be developed on the Applicant's Property.
Within the proposed condition the applicant has capitalized Dwelling Units and Residential
Building Lots. Since Dwelling Units and Residential Building Lots are not defined terms in the
development agreement those words should not be capitalized.
• The applicant is requesting to reduce the size of the area that may be developed with residential
development (on the original property not including the expansion parcels) from 437.3-acres to
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375-acres. The requested reduction is calculated based on the remaining undeveloped portion of
the property.
Existing
3.4.1.2 Residential development on the Property shall not exceed a total of 437.3
acres nor substantially exceed the acreages for the housing types set forth in the below
table:
Approx.
Approx. Lot Size Acreage
Townhouse 3,800-4,999 SF 35.7
Patio 5,000-7,999 SF 116.0
Custom 8,000-11,999 SF 136.5
Estate 12,000+ SF 149.1
The applicant provided a revised table referencing the product type, approximate lot size, and
approximate acreage with the condition to be amended as follows:
Proposed
3.4.1.2 Residential development on the Applicant's Property shall not substantially
exceed a total of 375 acres, nor substantially exceed the acreages for the housing type set
forth in the below table:
Approx.
Product Type Approx. Lot Size Acreage
Townhouse 3,800-4,999 SF 0.0
Patio 5,000-7,999 SF 111.3
Custom 8,000-11,999 SF 136.6
Estate 12,000+SF 127.1
Total 375
• The applicant provided a revised condition referencing the original property associated with the
development agreement and the undeveloped portion of the property to be in conformance with a
revised table referencing product type, approximate lot size, percentage of dwelling units, and
approximate number of units. The applicant is not proposing to construct additional townhouse
dwelling units on the remaining undeveloped portion. The applicant is still proposing to continue to
restrict the percentage of townhouse units allowed within the original development and the
expansion parcel to a maximum of 20%. The proposed condition of development references the
remaining "Undeveloped Portion" of the property. Since "Undeveloped Portion" is not a defined
term in the development agreement modification the condition of development should reference the
portion of the development that is not developed as "Applicant's Property" to be consistent with
Condition of Development 3.4.1.2.
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Existing
3.4.1.3 The total number of townhouses developed on the Property shall not
substantially exceed 20% of the aggregate dwelling units allowed, with the mixture of
residential uses generally conforming to the following categories:
Product Type Approx. Lot Size % of Units Approx. Number of Units
Townhouse 3,800-4,999 SF 14-20% 192-275
Patio 5,000-7,999 SF 32-40% 439-549
Custom 8,000-11,999 SF 28-35% 384-481
Estate 12,000+ SF 16-25% 220-343
Not to exceed 1,373
The applicant's amended condition for the undeveloped portion of the project is proposed as
follows:
Proposed
3.4.1.3 No further townhouses shall be developed on the Original Property it
being understood that townhouse acreage that otherwise would have been available
for development on the Original Property may be utilized in the future development
of Expansion Parcel No. 1. The total number of townhouses developed on the
Original Property and the Expansion Parcel No. 1 shall not substantially exceed
20% of the aggregate dwelling units allowed, with the mixture of residential uses
on the Applicant's remaining Undeveloped Portion generally conforming to the
following categories:
Product Type Approx.Lot Size % of Units Approx. Number of Units
Townhouse 3,800-4,999 SF 0% 0
Patio 5,000-7,999 SF 38% 420
Custom 8,000-11,999 SF 36% 395
Estate 12,000+SF 26% 279
Not to exceed 1,094
• During the approval process for the Legacy development the required amount of open space for
the project was conditioned to be 21% of the property consisting of the Academy Core area(11%)
and the Community Open Space (10%).The applicant is requesting to reduce the required amount
of open space for the overall development from 21% to 20% of the property area. At the time the
Legacy development was approved the percentage of open space required pursuant to Eagle City
Code was a minimum of ten percent (10%) of the project with an additional offsetting increase in
open space for lots that were below the minimum lot size (17,000-square feet). Since that time the
amount of open space required for planned unit developments has been amended to require a
minimum of 20% of the residential gross land area. Within the proposed modified condition of
development the applicant is also requesting to remove the Condition of Development 3.4.4.2
pertaining to construction of the Academy Core. At the time of approval the applicant had license
agreements associated with utilizing the athlete's names for the proposed sport facilities to be
located within the Academy Core. Since that time the license agreements have been terminated.
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The applicant is also concerned with the expansion operation and maintenance costs associated
with the academies that will be paid by the homeowners association within the Legacy
development. The applicant indicated within the provided narrative that the homeowners
association may not be able to afford the operation and maintenance of the academy amenities in
the current economy. The original open space condition of development reads as follows:
Existing
Condition 3.4.4 Open Space
3.4.4.1 At least 21% of the Property shall be reserved as open space. Open space is
defined as comprising two categories of area: the "Academy Core" and "Community
Open Space," as described below:
3.4.4.2 The Academy Core, as depicted in Exhibit A hereto, shall be a year round
training facility and comprise no less than 11% of the Property and include a swim
academy, a tennis academy, a soccer academy, a golf academy, and a community fitness
center as generally depicted in Exhibit N hereto.
3.4.4.2.1 The Academy Core shall be developed substantially as set forth in
Exhibit E hereto.
3.4.4.2.2 Except as otherwise provided for in this Agreement, all buildings in the
Academy Core shall be subject to Eagle's design review process, as set forth in Eagle
City Code,Title 8, Chapter 2A.
3.4.4.2.3 Construction of the Academy Core facilities shall commence upon
recording the first final plat for the Property. Upon submission of any subsequent
preliminary plat, Applicants must provide Eagle with a schedule for completion of
construction of the Academy Core. Unless the Academy Core is deemed to be
substantially complete within three years from the recording of this Agreement or
completion is delayed beyond that time by acts of God or other factors over which
Applicants have no control, no new building permits will be issued until the
Academy Core is substantially complete and all occupancy permits are issued by
Eagle.
3.4.4.2.4 The maximum height for structures in the Academy Core shall not exceed
46.5 feet. If safety netting along the perimeter of the driving range is needed, said
poles and other related structures shall not exceed 40 feet, and the applicant shall be
required to submit a design review application including height, material and
maintenance information
3.4.4.2.5 The following ancillary uses shall be allowed within the Academy Core to
serve the residents and promote vehicular trip capture within the Property:
• Restaurant
• Deli/sandwich shop
• Activity specific retail
3.4.4.3 The Community Open Space shall comprise no less than 10% of the
Property and be developed for casual recreation. This area shall include the following:
• Ten acres of community park land
• At least one tot lot for each phase depicted in Exhibit A hereto
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• Regional trails connecting through the Property, from east to west and north to
south
• Both Active and Passive Open Space,as defined in Section 3.4.2.4 above
• Up to five acres of school site can be included as Community Open Space
3.4.4.3.1 All Community Open Space shall comply with the Eagle City Code in
effect at the time of the preliminary plat application including such area.
3.4.4.3.2 All Community Open Space with the exception of that included within
school sites shall be maintained by the umbrella home owners association for the
Property or the local home owners association for the area surrounding or adjoining
the open space.
3.4.4.3.3 A public easement for a greenbelt pathway connecting north to south and
east to west through the Property shall be dedicated to Eagle. The specific location,
easement language, design, and construction plans of the pathway shall be approved
by the Eagle City Council prior to the City Engineer signing the first final plat for
the Property.
3.4.4.3.4 All regional pathways dedicated to Eagle shall be a minimum of 20 feet
wide and contain paved pathways of at least 10 feet in width,and all micropathways
designed for primary use by the residence of the Property shall be a minimum of 16
feet wide and contain paved pathways of at least 6 feet in width, with all paved
pathways being constructed to Eagle's pathway standards, as established by Eagle's
Park and Pathways Development Committee and the City Engineer.
3.4.4.4 All open space areas are subject to Eagle's design review process and standards
set forth in Eagle City Code Section 8-2A.
The applicant is proposing to delete Condition of Development 3.4.4 Open Space in its entirety
and replace it with the following Condition of Development:
Proposed
3.4.4 Open Space.
3.4.4.1 At least 20% of the Original Property shall be reserved as open space. The
application for any preliminary plat shall contain, in addition to all requirements of the
Eagle City Code, a land use summary that demonstrates that the number of acres of
existing open space, together with the number of acres of open space in the submitted
preliminary plat application maintains the minimum 20% open space requirement,
pursuant to Eagle City Code.
3.4.4.2 INTENTIONALLY DELETED.
3.4.4.3 The Open Space shall include the following:
• Ten acres of community park land
• At least one tot lot for each phase depicted on Exhibit A attached hereto,
• Regional trails connecting through the Property, from east to west and north to
south
• Both Active and Passive Open Space. A minimum of 60% of the Open Space
shall be Active Open Space. Active Open Space shall be defined as areas that
provide gathering area for active recreation (e.g. recreational spaces, open
fields,swimming pools, tot lots and trails). Passive Open Space shall be defined
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as neighborhood areas that provide a combination of linear open space and
scenic features(e.g.ponds, berms and view corridors).
• Up to five acres of school site can be included as Open Space
3.4.4.3.1 All Open Space shall comply with the Eagle City Code in effect at the time of
the preliminary plat application including such area.
3.4.4.3.2 All Open Space with the exception of that included within school sites shall
be maintained by Legacy Community Association, Inc., any successor homeowners or
neighborhood associations, or any recreational association established to maintain a
particular open space for recreational use, all as more particularly set forth in the
Community Charter for Legacy, Instrument No. 108048693, records Ada County,
Idaho, and/or the Declaration of Recreational Covenant, Instrument No. 108048694,
and any modifications thereto.
3.4.4.3.3 A public easement for a greenbelt pathway connecting north to south and
east to west through the Property shall be dedicated to Eagle. The specific location,
easement language, design, and construction plans of the pathway shall be approved by
the Eagle City Council prior to the City Engineer signing the first final plat for the
Property.
3.4.4.3.4 All regional pathways dedicated to Eagle shall be a minimum of 20 feet wide
and contain paved pathways of at least 10 feet in width, and all micropathways
designed for primary use by the residences of the Property shall be a minimum of 16
feet wide and contain paved pathways of at least 6 feet in width, with all paved
pathways being constructed to Eagle's pathway standards, as established by Eagle's
Park and Pathways Development Committee and the City Engineer.
3.4.4.4 All open space areas are subject to Eagle's design review process
and standards set forth in Eagle City Code Sections 8-2A.
• The applicant is requesting that Condition of Development 3.5 be modified to recognize that the
construction and subsequent opening of North Star Charter School satisfies the condition of
development regarding the requirement for a public school site. Although the school site was not
in the school area as shown on the concept plan associated with the originally executed
development agreement, the school site is located adjacent to the Property south of Floating
Feather Road as required pursuant to Condition of Development 3.5.1. The applicant is also
proposing that in the event North Star Charter School needs portable classrooms in the future those
portable classrooms should be a permitted use provided the location, design, and number of units
is approved in writing, by the applicant. Also, pursuant to Eagle City Code the addition of portable
units at the school site will require design review approval. The applicant should be required to
submit a design review application for review and approval prior to the installation of the portable
units.
Existing
Condition 3.5 School site
3.5 Approximately ten acres of the Property shall be provided or sold to the Meridian
Joint School District or other public school authority, for use as one or more public school
or public charter school sites. The school site(s) shall be subject to Eagle's design review
process and standards set forth in Eagle City Code Section 8-2A. A concept for the
architectural style of the school facility is set forth as Exhibit G attached hereto and
incorporated herein.
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3.5.1 The school site(s)shall be located south of Floating Feather Road and access
to the site(s) shall originate internally from the Property and not from any arterial
road.
3.5.2 This Agreement is in lieu of a conditional use permit for development of the
school site(s)that would normally be required within the "R2" zoning district.
Proposed
3.5 The existing North Star Charter School satisfies the Development Agreement
requirement for a public school site. Although portable classrooms are a prohibited use in
residential districts, applications for building permits to install portable classroom(s) will be
permitted, provided the location, design and number are approved in writing by the Applicant
herein.
Since the school site was established south of Floating Feather Road and North Star Charter School has
been constructed on the site Conditions of Development 3.5.1 and 3.5.2 are proposed to be deleted.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Staff recommends approval of the following applicant modifications to the development agreement with
strike through text to be deleted by staff and underline text to be added by staff:
3.1 The applicant shall also provide a revised Concept Plan inclusive of a revised Land Use
Summary table in accordance with the approved acreages, number of residential lots, and
percentage of lot totals.
3.4.1.1 A density of 2.2 Dwelling Units per acre for the The maximum overall density of
the Original Property wed shall not exceed 1,373 Ddwelling Uunits. After subtracting the
existing 2/11 Residential Building Lots on the Platted Portion and allocating potentially 38
Dwelling Units to the Haynes Parcel,their remains Those 1,373 dwelling units shall consist of
the 241 residential building lots contained within the Platted Portion, a maximum of 38
dwelling units allocated to the Haynes Parcel, and a maximum of 1,094 dwelling units that
may be developed on the Applicant's Property.
3.4.1.2 Residential development on the Applicant's Property shall not substantially
exceed a total of 375 acres, nor substantially exceed the acreages for the housing type set forth
in the below table:
Approx.
Product Type Approx. Lot Size Acreage
Townhouse 3,800-4,999 SF 0.0
Patio 5,000-7,999 SF 111.3
Custom 8,000-11,999 SF 136.6
Estate 12,000+SF 127.1
Total 375
3.4.1.3 No further townhouses shall be developed on the Original Property it being
understood that townhouse acreage that otherwise would have been available for development
on the Original Property may be utilized in the future development of Expansion Parcel No. 1.
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The total number of townhouses developed on the Original Property and the Expansion Parcel
No. 1 shall not substantially exceed 20% of the aggregate dwelling units allowed, with the
mixture of residential uses on the Applicant's Property -• . • _ _ .. : ': :-
generally conforming to the following categories:
Product Type Approx. Lot Size % of Units Approx.Number of Units
Townhouse 3,800-4,999 SF 0% 0
Patio 5,000-7,999 SF 38% 420
Custom 8,000-11,999 SF 36% 395
Estate 12,000+ SF 26% 279
Not to exceed 1,094
3.4.4 Open Space.
3.4.4.1 At least 20% of the Original Property shall be reserved as open space. The application
for any preliminary plat shall contain, in addition to all requirements of the Eagle City Code, a
land use summary that demonstrates that the number of acres of existing open space, together
with the number of acres of open space in the submitted preliminary plat application maintains
the minimum 20%open space requirement,pursuant to Eagle City Code.
3.4.4.2 INTENTIONALLY DELETED.
3.4.4.3-2 The Open Space shall include the following:
• Ten acres of community park land
• At least one tot lot for each phase depicted on Exhibit A hereto
• Regional trails connecting through the Property, from east to west and north to
south
• Both Active and Passive Open Space. A minimum of 60% of the Open Space
shall be Active Open Space. Active Open Space shall be defined as areas that
provide gathering area for active recreation(e.g. recreational spaces, open fields,
swimming pools,tot lots and trails). Passive Open Space shall be defined as
neighborhood areas that provide a combination of linear open space and scenic
features(e.g. ponds, begins and view corridors).
• Up to five acres of school site can be included as Open Space
3.4.4.32.1 All Open Space shall comply with the Eagle City Code in effect at the time of
the preliminary plat application including such area.
3.4.4.3-2.2 All Open Space with the exception of that included within school sites shall
be maintained by Legacy Community Association, Inc., any successor homeowners or
neighborhood associations, or any recreational association established to maintain a
particular open space for recreational use, all as more particularly set forth in the
Community Charter for Legacy, Instrument No. 108048693, records Ada County, Idaho,
and/or the Declaration of Recreational Covenant, Instrument No. 108048694, and any
modifications thereto.
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3.4.4.3-2.3 A public easement for a greenbelt pathway connecting north to south and east
to west through the Property shall be dedicated to Eagle. The specific location, easement
language, design, and construction plans of the pathway shall be approved by the Eagle
City Council prior to the City Engineer signing the final plat for the Property.
3.4.4.3-2.4 All regional pathways dedicated to Eagle shall be located within a minimum
e€20-feeoot wide easement and contain paved pathways of at least 10-feet in width, and
all micropathways designed for primary use by the residences of the Property shall be
located within a minimum e€ 16-feeoot wide easement and contain paved pathways of at
least 6-feet in width, with all paved pathways being constructed to Eagle's pathway
standards_, as established by Eagle's Park and Pathways Development Committee and the
City Engineer.
3.4.4.3 All open space areas are subject to eEagle's design review process and standards set
forth in Eagle City Code Section 8-2A and Section 9-4-1-6 (D)Pathway Design.
3.5 Approximately ten acres of the Property shall be provided or sold to the Meridian Joint
School District or other public school authority, for use as one or more public school or public
charter school sites. The school site(s) shall be subject to Eagle's design review process and
standards set forth in Eagle City Code Section 8 2A. A concept for the architectural style of the
school facility is set forth as Exhibit G attached hereto and incorporated herein.
3.5.1 The school site(s)shall be located south of Floating Feather Road and access to the site(s)
chall originate internally from the Property and not from any arterial road.
3.5.2 This Agreement is in lieu of a conditional use permit for development of the school
site(s)that would normally be required within the"R2"zoning district.
3.5 The existing North Star Charter School satisfies the Development Agreement requirement
for a public school site. The placement of portable classroom(s) to be located at the school site
shall be subject to Eagle's design review process and standards set forth in Eagle City Code
Section 8-2A and the location, design, and number of units are approved by the Applicant herein.
PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application came before the City Council on February 14 2012. The
Council continued the items to March 27, 2012, at which time the application was remanded to
staff. The application was re-noticed and the rezone with development agreement modification
application came before the Eagle City Council for their consideration on June 12, 2012, at which
time testimony was taken and the public hearing was closed to oral testimony. The application was
continued to June 26, 2012, to allow for additional written testimony to be provided addressing
specific concerns regarding commercial acreage and sewer service locations for adjoining
properties. The written testimony was provided addressing those concerns 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(not including
the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in favor nor against this proposal was made by one (1) individual. The
individual provided comment regarding the future academies, school site, and sewer service to the
adjacent properties. The individual indicated that today's housing market would not support the
construction of the proposed sports academies. The individual further stated that if the city chooses
to allow the applicant to remove the requirement of constructing the sports academies the
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permitted density should be reduced as well. The individual also indicated that if an additional
school site is not required then the school district should respond stating such. In regard to sewer
the individual indicated that the applicant should cooperate with the neighbors to ensure that an
easement for the construction of a sewer main be provided for the adjacent properties.
COUNCIL DECISION:
The Council voted 3 to 0 (Semanko absent)to approve RZ-13-05 MOD 3 for a modification to the
Conditions of Development and associated exhibits within the development agreement(Instrument
#106161990)for Cloud Berry, LLC, with the following staff recommended Conditions of
Development modifications with strike through text to be deleted by the Council and underlined
text to be added by the Council:
3.1 The applicant shall also provide a revised Concept Plan inclusive of a revised Land Use
Summary table in accordance with the approved acreages, number of residential lots, and
percentage of lot totals.
3.4.1.1 A density of 2.2 Dwelling Units per acre for the The maximum overall density of
the Original Property wed shall not exceed 1,373 Ddwelling 14units. After subtracting the
• .
Dwelling Units to the Haynes Parcel, their remains Those 1,373 dwelling units shall consist of
the 241 residential building lots contained within the Platted Portion, a maximum of 38
dwelling units allocated to the Haynes Parcel, and a maximum of 1,094 dwelling units that
may be developed on the Applicant's Property.
3.4.1.2 Residential development on the Applicant's Property shall not substantially
exceed a total of 375 acres with a mix of housing types that includes patio homes, custom
homes and estate homes as generally shown on the Revised Concept Plan,Exhibit B. The
minimum lot size shall be 3,800-square feet to 12,000-square feet and above not to exceed a
total of 1,094 units. ,nor substantially exceed the acr ages for the housing type set forth in the
below-tablet
Approx.
Product Type Approx. Lot Size Acr age
Townhouse 3,800 1,999 SF 8:8
Patio 5,000 7,999 SF 111.3
Custom $,000 11,999 SF
Estate 12,000+ SF 127.1
Total 375
3.4.1.3 No further townhouses shall be developed on the Original Property it being
understood that townhouse acreage that otherwise would have been available for development
on the Original Property may be utilized in the future development of Expansion Parcel No. 1.
The total number of townhouses developed on the Original Property and the Expansion Parcel
No. 1 shall not substantially exceed 20% of the aggregate dwelling units allowed, with the
mixture of residential uses on the Applicant's Property. remaining Undeveloped Portion
generally conforming to the following categories:
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Product Typo Approx. Lot Size %of Units Approx.Number of Units
Tewnhouse 3,800 1,999 SF 8
Retie 5,000 7,999 SF 38% 423
Custom 5,000 11,999 SF 36% 39-5
Estate 12,000+ SF
Not to exceed 1,094
Nothing herein shall be construed to increase the permitted density on either the Original
Property or Expansion Parcel No. 1.
3.4.3 Commercial Office/Development. Section 3.4.3.1 of the Development Agreement is
modified as follows:
3.4.3.1 Office and commercial use shall be limited to 5% of the Original
Property acreage which shall not exceed a maximum of 31.2-acres. The
Property shall be developed in compliance with the Eagle City Code and
Eagle's Comprehensive Plan, as adopted at the time this Agreement is
recorded, except as otherwise provided herein. Notwithstanding this
limitation,pursuant to the Revised Concept Plan,the Applicant has limited its
proposed development of office and commercial use to 5 acres. The Concept
Plan submitted with the Expansion Parcel No. 1 identifies 12.9 acres of
commercial use. While the Applicant has agreed to reduce its commercial use
to five (5) acres on the Original Property, and agreed to consent to additional
commercial acreage which otherwise would have been available for
development for the entire PUD as identified in the original development
agreement, recorded October 12, 2006, Instrument #106161990, may be
utilized in whole or in part, at the Eagle City Council's sole discretion after
notice and public hearing, on Expansion Parcel No. 1. Nothing herein shall
be construed as a waiver of any requirement for applications regarding design
reviews, preliminary and final plat reviews, conditional use permits (if
applicable) and any other applicable applications required by Eagle City Code
in connection with the Applicant's Property or that of Expansion Parcel No.
1.
3.4.4 Open Space.
3.4.4.1 At least 20% of the Original Property shall be reserved as open space. The application
for any preliminary plat shall contain, in addition to all requirements of the Eagle City Code, a
land use summary that demonstrates that the number of acres of existing open space, together
with the number of acres of open space in the submitted preliminary plat application maintains
the minimum 20%open space requirement, pursuant to Eagle City Code.
3.4.4.2 INTENTIONALLY DELETED.
3.4.4.32 The Open Space shall include the following:
• Ten acres of community park land
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• At least one tot lot for each phase depicted on Exhibit A hereto
• Regional trails connecting through the Property, from east to west and north to
south
• Both Active and Passive Open Space. A minimum of 60% of the Open Space
shall be Active Open Space. Active Open Space shall be defined as areas that
provide gathering area for active recreation(e.g. recreational spaces, open fields,
swimming pools,tot lots and trails). Passive Open Space shall be defined as
neighborhood areas that provide a combination of linear open space and scenic
features(e.g. ponds, berms and view corridors).
• Up to five acres of school site can be included as Open Space
3.4.4.32.1 All Open Space shall comply with the Eagle City Code in effect at the time of
the preliminary plat application including such area.
3.4.4.32.2 All Open Space with the exception of that included within school sites shall
be maintained by Legacy Community Association, Inc., any successor homeowners or
neighborhood associations, or any recreational association established to maintain a
particular open space for recreational use, all as more particularly set forth in the
Community Charter for Legacy, Instrument No. 108048693, records Ada County, Idaho,
and/or the Declaration of Recreational Covenant, Instrument No. 108048694, and any
modifications thereto.
3.4.4.3-2.3 A public easement for a greenbelt pathway connecting north to south and east
to west through the Property shall be dedicated to Eagle. The specific location, easement
language, design, and construction plans of the pathway shall be approved by the Eagle
City Council prior to the City Engineer signing the final plat for the Property.
3.4.4.3-2.4 All regional pathways dedicated to Eagle shall be located within a minimum
of 20-feeoot wide easement and contain paved pathways of at least 10-feet in width, and
all micropathways designed for primary use by the residences of the Property shall be
located within a minimum of 16-feeoot wide easement and contain paved pathways of at
least 6-feet in width, with all paved pathways being constructed to Eagle's pathway
standards_, as established by Eagle's Park and Pathways Development Committee and the
City Engineer.
3.4.4.3 All open space areas are subject to eEagle's design review process and standards set
forth in Eagle City Code Section 8-2A and Section 9-4-1-6 (D)Pathway Design.
School District or other public school authority, for use as one or more public school or public
charter school sites. Tho school site(s) shall be subject to Eagle's design review process and
standards set forth in Eagle City Code Section 8 2A. A concept for the architectural style of the
school facility is set forth as Exhibit G attached hereto and incorporated herein.
3.5.1The school site(s)shall be located south of Floating F ather Road and access to the site(s)
shall originate internally from the Property and not from any arterial road.
3.5.2 This Agreement is in lieu of a conditional use permit for development of the school
site(s)that would normally be required within the"R2"zoning district.
3.5 The existing North Star Charter School satisfies the Development Agreement requirement
for a public school site. The placement of portable classroom(s) to be located at the school site
shall be subject to Eagle's design review process and standards set forth in Eagle City Code
Section 8-2A and the location, design, and number of units are approved by the Applicant herein.
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3.22 The Applicant shall work with the Eagle Sewer District to pursue easements for sewer
connections to the property to the north, the location of the future sewer easements shall be
determined by the Eagle Sewer District and the Applicant.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 10, 2011.
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 January 30,
2012. 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 26, 2012. The site was posted in accordance with the Eagle City Code
on February 3, 2012.
Due to the application being remanded to staff on March 27, 2012, Notice of Public Hearing on this
application for the Eagle City Council was re-published in accordance with the requirements of Title
67, Chapter 65, Idaho Code and the Eagle City Code on May 28, 2012. 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 May
21, 2012. The site was posted in accordance with the Eagle City Code on May 24, 2012.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification(RZ-
13-05 MOD 3) 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 (Copperfield Subdivision
and The Preserve Planned Unit Development) is currently developed at densities similar to the
Legacy Planned Unit Development and the remaining area may be developed with similar
densities;
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 and the remaining area may be developed with similar densities;
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 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 a portion of this area is
currently being developed with similar densities (The Preserve Planned Unit Development)
and the remaining area may be developed in a similar manner;
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g. The land proposed for rezone modification 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 modification.
DATED this 10th day of July 2012.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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