Findings - CC - 2020 - RZ-01-15 MOD2 - Liberty ParkORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION ASSOCIATED WITH
WARRIOR PARK SUBDIVISION [FICA
LIBERTY PARK SUBDIVISION] FOR
BOB WOOD
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-01-15 MOD2
The above -entitled rezone development agreement modification application came before the City Council for
their action on July 14, 2020, at which time public testimony was taken and the public hearing was closed.
The 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:
Bob Wood, represented by Nancy Merrill, is requesting a modification to the rezone development
agreement associated with Warrior Park Subdivision (fka Liberty Park Subdivision). The request is to
convert two (2) commercial lots to two (2) residential lots to allow for the construction of two (2) two-
family dwellings. The 3.79-acre site (Lots 2-3, Block 1, Warrior Park Subdivision) is located at the
southeast corner of West Flint Drive and North Park Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, on Thursday, May 14, 2020, in compliance with
the application submittal requirements of Eagle City Code. The rezone modification request was received
by the City of Eagle on May 15, 2020.
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 June 26, 2020. Notice
of this public hearing was mailed to property owners within five hundred feet (500-feet) of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code
on June 26, 2020. The site was posted in accordance with the Eagle City Code on July 1, 2020.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 7, 2004, the City Council approved a comprehensive plan amendment to change the land
use designation on the Comprehensive Plan Land Use Map from Residential One (up to one dwelling
unit per acre) to Mixed Use and a rezone from A-R (Agricultural -Residential) to MU-DA (Mixed Use
with development agreement) for Lots 1 and 2, Block 1, and Lots 1, 2, 4, 5, 6, 8, and 9, Block 2, of Flint
Estates Subdivision (CPA-03-03 and RZ-08-03).
On September 27, 2005, the City Council approved a conditional use permit, preliminary development
plan and preliminary plat for Bellemeade Planned Unit Development for Tom Ricks and John Wood (CU-
07-05/PPUD-03-05/PP-09-05).
On May 8, 2007, the Eagle City Council approved a design review (DR-87-06) for the common area
landscaping for Bellemeade Subdivision for Tom Ricks.
On May 8, 2007, the Eagle City Council approved a design review (DR-88-06) for the signage for
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Bellemaede Subdivision for Tom Ricks.
On November 20, 2007, the City Council approved a final development plan and final plat for Bellemeade
Subdivision for Tom Ricks (FPUD-02-07 & FP-05-07).
On October 28, 2008, the City Council approved a modification to the development agreement associated
with Arts West Subdivision and surrounding properties (RZ-08-03 MOD).
On June 14, 2011, the City Council approved a second modification to the development agreement
associated with Arts West Subdivision and surrounding properties (RZ-08-03 MOD2).
On May 26, 2015, the City Council approved a development agreement modification and preliminary
plat approval for Warrior Park Subdivision (aka Liberty Park Subdivision) (RZ-01-15/PP-01-15).
On September 10, 2015, the Design Review Board approved a design review application for the common
area landscaping within Warrior Park Subdivision (aka Liberty Park Subdivision) (DR-31-15).
On November 17, 2015, the City Council approved a development agreement modification
(development agreement in lieu of a PUD) and preliminary plat modification for Warrior Park
Subdivision (aka Liberty Park Subdivision) (RZ-01-15 MOD & PP-01-15 MOD).
On February 14, 2017, the final plat for Warrior Park Subdivision was recorded at the Ada County
Recorder's office (Instrument #2017-013549).
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
COMP PLAN
DESIGNATION
Mixed Use
No Change
North of site Mixed Use
South of site Mixed Use
East of site
West of site
Mixed Use
Mixed Use
ZONING
DESIGNATION
MU-DA (Mixed Use with
Development Agreement
fin lieu of a PUD1)
No Change
MU-DA (Mixed Use with
Development Agreement
[in lieu of PUD])
MU-DA (Mixed Use with
Development Agreement)
MU-DA (Mixed Use with
a development agreement)
RUT (Rural -Urban
Transition — Ada County
designation)
LAND USE
Commercial/ Single-
family Dwellings
Two-family Dwellings
replacing the commercial
uses
Proposed single-family
(attached and/or detached)
residential subdivision
(Bellemeade Subdivision)
Commercial (Jackson'
convenience store with
fuel service)
Single-family dwelling
Single-family dwelling
and vacant parcel.
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: 3.79-acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION OF A MODIFICATION TO THE
DEVELOPMENT AGREEMENT:
See applicant's justification letters, date stamped by the City on May 15, 2020, attached to the staff
report and incorporated herein by reference.
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— I. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is currently served by Suez Water, Eagle Sewer District, Eagle Police Department, and
Meridian Fire District.
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 previously responded to the applications for rezone with development
agreement (in lieu of a PUD) modification and preliminary plat modification (RZ-01-15 MOD & PP-
01-15 MOD) and their responses are attached to the staff report dated April 16, 2015.
Ada County Highway District
Ballentyne West Lateral Users Association
Central District Health
Eagle Fire Department
Idaho Transportation Department
Republic Services
Tesoro Logistics
West Ada School District
M. LETTERS FROM THE PUBLIC: None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING 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 currently designates this site as:
Mixed Use.
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within the Central Business District (CBD).
Development within this land use designation should be required to proceed through the PUD and/or
Development Agreement process, see specific planning area text for a complete description.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARING THIS
PROPOSAL:
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
Two-family dwellings require a conditional use permit within the MU (Mixed Use) zoning
designation.
• Eagle City Code Section 8-2A-7 (J)(4)(a): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions and
multi -family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially dangerous,
high speed roads. The "buffer area" shall be defined as a common lot located between the
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residential lots within the subdivision and the right of way line of the adjacent roadway. This
buffer is required as part of the common area open space owned and maintained by a
homeowners' association. Any landscaping proposed to be within the public right of way shall
not be included as a part of the buffer area required below. The height for berming/fencing, as
noted below, shall be measured from the elevation of the final grade of the adjacent roadway
(measured at the centerline) to the top of the proposed berming/fencing. The required buffer area
width, plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway network
plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four (4)
shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree
may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty
percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three
feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall is to be provided in
combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
• Eagle City Code Section 8-2A-7 (0): Alternative Methods of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative solutions
to land use problems. Under certain site conditions, a strict interpretation of requirements may
be either physically impossible or impractical. Alternative compliance is a procedure that allows
certain modifications to existing regulations within this section. Requests for use of alternative
landscaping schemes are justified only when one or more of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can be
provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city with a
written request if an alternative method of compliance is proposed. The request shall state which
requirement as set forth within this section is to be modified, what project conditions stated
within subsection 01 of this section justify using the proposed alternative, and how the proposed
alternative equals or exceeds said requirement.
C. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.1 The maximum density for the Property shall be 3.69 dwelling units per acre.
3.4 In accordance with ECC Section 8-2-1, this Development Agreement is considered in -lieu of a PUD
(except as conditioned below). Except for the limitations and allowances expressly set forth herein
below, and in other terms of this Development Agreement, the uses which are shown as permitted
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(P) or conditional (C) uses under the Mixed Use zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations" shall be considered Permitted on Lots 2 and 3,
Block 1, except the following uses shall be prohibited:
Mobile home (single unit primary residence)
Mobile home (single unit temporary living quarters)
Mobile home park
Animal shows or sales
Automotive washing facility
Bar
Cabinet shop
Cemetery
Circuses and carnivals
Christmas tree sales
Commercial entertainment facilities (indoors)
Commercial entertainment facilities (outdoors)
Drive-in theater
Electronic sales, service, or repair shop
Equipment rental and sales yard
Farmer's markets (outdoor)
Hardware store
Horticulture (general)
Hospital
Hotel
Industry
Kennel
Laboratories
Laundromat
Laundry (with drive up service)
Live entertainment events
Mobile office
Mortuary
Motel
Parking lot, parking garage commercial
Personal wireless facilities (height — over 35 feet)
Research Activities
Retail sales (general)
Riding academies/stables
Roadside Stand (temporary structure)
Sign shop, including painting
Small engine repair (mower, chainsaws, etc.)
Storage (enclosed building)
Storage (fenced area)
Street fair
Trade fair
Upholstery shop
Woodworking shop
3.5 The Owner shall submit a Master Design Review site layout and landscape application for Lots 2 &
3, Block 1, and shall comply with all conditions required by Eagle as part of the Design Review prior
to the issuance of a building permit.
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3.6 The single-family dwellings shall be constructed utilizing "Craftsman" style architecture (Exhibit
D). The design of commercial buildings shall incorporate residential elements to ensure compatibility
with surrounding uses. All commercial buildings shall be designed in accordance with the Eagle
Architecture and Site Design book (EASD) as set forth in Eagle City Code Section 8-2A. Eagle
Design Review Board approval of the detailed architectural plans for the development is required
prior to the issuance of building permits for commercial buildings, pumphouse for irrigation, and
gazebos.
To assure compliance with this condition, the applicant shall create an architectural control committee
(ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating
procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and approved by the
City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permit applications that do not have an approval letter attached will not be accepted.
3.7 Excluding the residential portion of the subdivision, all buildings require the approval of the Design
Review Board. The design of the buildings shall incorporate residential elements to ensure
compatibility with surrounding uses. All buildings shall be designed in accordance with the Eagle
Architecture and Site Design book (EASD) as set forth in Eagle City Code Section 8-2A.
3.8 The setbacks (measured from the property line) shall be as follows (including commercial):
Front: 20-feet/living area, 25-feet/garage (front load)
Rear: 15-feet
Side: 5-feet (first story)/ (additional 3 feet per story, measured to the second story)
Street Side: 20-feet
Lot 2-5, Block 2
Front 20-feet (Measured from property line dividing shared driveway)*
Rear 15-feet
Side 5-feet
Street side 12.5-feet (south property line)
*All garages shall take access from the shared driveway
3.9 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an operation
and maintenance manual, for the pressurized irrigation facilities, including the funding
mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run
with the land and that the requirement cannot be modified and that the homeowners association
or other entity cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space to be open -style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or other similar decorative style
fencing. All other fencing (i.e. cedar fencing, vinyl, chain link) shall be prohibited. The
residential lot located adjacent to the commercial lots is permitted to have solid fencing located
adjacent to the west property line and not to encroach into the front yard.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules,
regulations or ordinances, then the more restrictive government rule, regulation or ordinances
shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable
government bodies. In the event a governmental rule, regulation, law or ordinance would render
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a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to
comply with the applicable rule, regulation, law or ordinance.
D. DISCUSSION (based on the executed development agreement [Ada County instrument #2016-023970]):
• Condition of Development #3.1 of the executed development agreement states, "The maximum
density for the Property shall be 3.69 dwelling units per acre." Based on the applicant's request to
convert the two (2) commercial lots to residential lots to allow for the construction of two (2) two-
family dwellings, Condition of Development #3.1 will need to be modified to recognize the additional
dwelling units per acre within the development.
Pursuant to the applicant's request to allow for two (2) two-family dwelling units, the addition of a
total of four (4) dwelling units will increase the density of the development from 3.69-dwelling
units per acre to 4.75-dwelling unit per acre. If the City Council approves the applicant's request to
modify the development agreement, Condition of Development #3.1 will need to be modified to
state, "The maximum density for the Property shall be 4.75 dwelling units per acre."
• Condition of Development #3.4 of the executed development agreement addresses the commercial
uses that are allowed within the two (2) commercial lots of the development. If the City Council
approves the applicant's request to allow residential uses on Lots 2 & 3, Block 1, Condition of
Development #3.4 should be revised to state, "Development of residential uses on the Property is
permitted and future conditional use permits for residential development will not be required." The
remaining portion of the Condition of Development associated with the commercial uses would then
be removed.
• Lots 2 & 3, Block 1, are located along North Park Lane which is designated as a collector. Since Lots
2 & 3, Block 1, were originally approved for commercial uses the applicant was not required to
provide the required 35-foot wide landscaped buffer area for residential development located along
a collector. If the applicant's request is approved, the lots do not have sufficient area to construct the
required buffer area and construct the proposed two-family dwelling units.
Condition of Development #3.5 of the executed development agreement requires the owner of the
development to submit design review applications for the site layout and landscaping associated with
the commercial area (Lots 2 & 3, Block 1). The applicant has provided a document titled "Liberty
Park DA Modification (RZ-01-15 MOD2), date stamped by the City on May 15, 2020, with
recommended Conditions of Development for the requested modification. The document includes
language which indicates the applicant's intention to submit an Alternative Method of Compliance
Request Form with the Design Review Modification application to allow for an alternative style of
buffering for the residential area along North Park Lane (collector). The applicant is also proposing
a new Condition of Development #3.11 which states, "A (6) foot stone fence shall be placed on the
west side of the property line along Park Lane and Jonny Ave in lieu of a 35-foot buffer. An
Alternative Method of Compliance Request Form for the buffer area shall be submitted and approved
by the Design Review Board. [sic]" If the City Council approves the applicant's request to modify
the development agreement, Condition of Development #3.5 should be modified to require the
applicant to submit an Alternative Method of Compliance Request Form with the Design Review
Modification application. The Alternative Method of Compliance Request Form and Design Review
Modification application should be reviewed and approved by the Design Review Board and City
Council prior to issuance of a building permit. In regard to the applicant's proposed Condition of
Development #3.11, to allow construction of the six-foot (6') high stone fence to be utilized in lieu
of the buffer, the proposal would limit the Design Review Board's and City Council's ability to
approve an alternative to the required buffer area (other than a six-foot [6'] high stone fence);
therefore, the applicant's proposed Condition of Development #3.11, should not be added to the
development agreement since it will limit the options to provide an alternative method of complying
with the requirement of providing a landscape buffer along North Park Lane.
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• Condition of Development #3.6 of the executed development agreement addresses the design and
architecture of the single-family dwellings and commercial buildings within the development. If the
City Council approves the applicant's request to modify the development agreement the language
within Condition of Development #3.6 (which addresses the commercial development) should be
deleted.
The applicant is proposing to construct a two-family dwelling on each of the subject lots which were
previously approved for commercial uses. The applicant has provided building elevations showing
the proposed architecture of the two-family dwellings. If the City Council approves the applicant's
request to modify the development agreement the two-family dwelling building elevations should be
referenced in Condition of Development #3.6 as an exhibit to the modified development agreement.
• Condition of Development #3.7 of the executed development agreement addresses that all buildings,
excluding residential, require the approval of the Design Review Board. If the City Council approves
the applicant's request to modify the development agreement the language within Condition of
Development #3.7 should be deleted.
• Condition of Development #3.8 of the executed development agreement addresses the required
setbacks within the subdivision. The Condition of Development includes a reference to the
commercial area. If the City Council approves the applicant's request to modify the development
agreement the language within Condition of Development #3.8 referencing the commercial area
should be deleted.
• Within the applicant's provided document titled "Liberty Park DA Modification (RZ-01-15 MOD2),
date stamped by the City on May 15, 2020, the applicant is proposing a new Condition of
Development which states, "Residences on Lot 2 and Lot 3, Block 1 shall be under same CCRS as
the recorded AMENDED AND RESTATED DEVELOPMENT AGREEMENT 2016-023970 dated
3/23/16. [sic]."
Condition of Development #3.9 of the existing development agreement addresses language the City
requires within the CC&Rs to address maintenance and operation of the common areas and
pressurized irrigation system and permitted style of fencing. However, the CC&Rs typically address
several other requirements outside of the requirements of the City. Also, the CCRs are not included
as an exhibit to the development agreement; therefore, Lot 2 and Lot 3, Block 1, cannot be regulated
under the same CC&Rs as the executed development agreement as referenced in the applicant's
proposed Condition of Development. If the City Council approves the applicant's request to modify
the development agreement a new Condition of Development should be added which requires the
applicant to provide a recorded supplement to the CCRs which indicates that Lots 2 and 3, Block 1,
are incorporated into the CC&Rs as a residential use. The recorded supplement to the CC&Rs should
be provided prior to issuance of building permits.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, if the Council approves the development agreement
modification, staff recommends the Conditions of Development be modified as provided within the staff
report.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 14, 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 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.
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COUNCIL DECISION:
The Council voted 3 to 1 (Gold against) to approve RZ-01-15 MOD2 for a development agreement
modification for Bob Wood, to modify the conditions of development with the following staff recommended
conditions of development to be modified within the development agreement with underline to be added by
the Council and text shown with strike through to be deleted by the Council:
3.1 The maximum density for the Property shall be 39 4.75 dwelling units per acre.
3.4 Development of residential uses on the Property is permitted and future conditional use permits for
residential development will not be renuired.
In -accordance with ECC Section E 2 1, this De grecment is considered in lieu of a PUD
(sneer- as-conditionedespt for the limitations-and-al-lewances ex-preosly set forth herein below,
and in other terms of this Development Agreement, the „sac wkieh e&e 3hOWE as permitted (P) or
eenditional (C) uses under the Mixed Ucc wing designation w'ithki Eagle City Code Section E 2 3
" ff eial Eehedulc of District Rergulatiens" shall be conaidzred Permitted on Lratc 2--and, Block 1, except
the following- sec shall bo prokibite4:
Mobile lie -(single unit primary residence)
Mobile home (sangle t-tempoorary living quarters)
Mobile .
Animal shows or pales
A Ba
r
..aching facility
Baf
Cabinet shop
Cemetery
Circuses and carnivals
Christmas tree -sales
Comm e t faeilities-(indeer3)
Ft facilities (outdoors)
Drive In t eater
Electronic sales, service, or repair chop
Equipment -rental and Gales yard
Farmer's markets (outdoor)
Hardware -stare
Horticulture (general)
HesPital
Hotel
Industry
Kennel
Laboratories
Laundromat
Lfaundry-with drive up service)
Live entertainment events
Mobile offiee
Murry,
Motel
parking -garage eemmercial
Personal wireless facilities -(height over 35 feet)
Research Activities
detail sales. (general)
Riding aeadeeiec! es
(temporary structure)
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Sign Chop, includifftpainting
repair (-mower, ekeinsaw s, etc.)
Ster& e (feneed Area)
Street fair
Trade fair
Uipho1ctei -shop
Weedwe>; lEing-shep
3.5 The Owner shall submit an Alternative Method of Compliance Request Form with a Design Review
Modification application to address the reauired buffer area located alone North Park Lane
d land on Lots 2 & 3, Block 1;_
conditions -required by Eagle -as part of the Design Review -prior to twee of a building -permit The
Alternative Method of Compliance Reauest Form and Design Review Modification application should
be reviewed and approved by the Design Review Board and City Council prior to issuance of a building
permit.
3.6 The single-family dwellings shall be constructed utilizing "Craftsman" style architecture (Exhibit D).
The two-familv dwellings shall be constructed utilizing a style of architecture as shown on "Exhibit D-
1." The design of cowl buildings shallAneorpo.ate residential elements to er...,we-comp-atibili y
with c scc. All commercial buildings shell be designed in accordance with tho Eaglo
Arehiteet sige b'oek-(-EASD) as set forth in Eagle City Code Section 8 2A. Eagle Desige
Review Beard appreval-ef the detailed architeet'aral plansd prior to the
pkc ce for-irrigatien, and gazebos.
ntial portion of the subdivic oi:, al al of the Design
RevievfLgeard. T orpera patihllity
with surrounding -uses. All buildings -shall -he -designed in assordance�ns Eaglo Architeeture and
Site Design-beek (EASD) as -set -ford: in Eagle City Code Section 8 2A.
3.8 The setbacks (measured from the property line) shall be as follows
Front: 20-feet/living area, 25-feet/garage (front load)
Rear: 15-feet
Side: 5-feet (first story)/(additional 3 feet per story, measured to the second
story)
Street Side: 20-feet
Lot 2-5, Block 2
Front 20-feet (Measured from property line dividing shared driveway)*
Rear 15-feet
Side 5-feet
Street side 12.5-feet (south property line)
*All garages shall take access from the shared driveway
3.9 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an operation and
maintenance manual, for the pressurized irrigation facilities, including the funding mechanism as an
addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that
the requirement cannot be modified and that the homeowners association or other entity cannot be
dissolved without the express consent of the city.
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(b) A requirement for all fencing located adjacent to open space to be open -style such as wrought iron,
extruded aluminum (looks identical to wrought iron), or other similar decorative style fencing. All
other fencing (i.e. cedar fencing, vinyl, chain link) shall be prohibited. The residential lot located
adjacent to the commercial lots is permitted to have solid fencing located adjacent to the west south
property line and not to encroach into the front yard.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules,
regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall
apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable
government bodies. In the event a governmental rule, regulation, law or ordinance would render a
part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply
with the applicable rule, regulation, law or ordinance.
3.12 The Owner shall provide a recorded supplement to the CCRs which indicates that Lots 2 and 3. Block
1. are incorporated into the CC&Rs as a residential use. The recorded supplement to the CC&Rs shall
be provided prior to issuance of buildine permits.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-01-15 MOD2)
development agreement modification 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 consistent with
the Mixed Use designation 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 indicates that adequate public facilities exist, or are expected to be provided, to serve all uses
allowed on this property under the proposed zone;
c. The proposed MU-DA (Mixed Use with a Development Agreement) zone is compatible with the
MU-DA (Mixed Use with a Development Agreement) zone and land use to the north since that area
has been approved to have a residential development which will be developed in a similar manner;
d. The proposed MU-DA (Mixed Use with a Development Agreement) zone is compatible with the
MU-DA (Mixed Use with a development agreement) zone and land use to the south that area is
developed with a commercial use and the applicant is permitted to install a masonry wall to provide
a buffer from the commercial use;
e. The proposed MU-DA (Mixed Use with a Development Agreement) zone is compatible with the
MU-DA (Mixed Use with a Development Agreement) zone and land use to the east since that area
contains a single-family dwelling;
f. The proposed MU-DA (Mixed Use with a Development Agreement) zone is compatible with the
RUT (Rural Urban Transition — Ada County designation) zone and land use to the west since that
area may be developed in a similar manner;
g. The land proposed for rezone 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.
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K:1Planning Dept\Eagle Applications'RZ&A120151RZ-01-15 MOD2 Liberty Park ce£docx
DATED this 28th day of July, 2020
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Pierce, Mayor
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K'1Planning Dept\Eagle Appltcations\RZ&A120151RZ-01-15 MOD2 Liberty Park ccf docx