Findings - CC - 2016 - RZ-05-02 MOD3 - Modify Setbacks In Lakemoor Sub 5BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION (DEVELOPMENT )
AGREEMENT IN LIEU OF A PUD) FOR )
LAKEMOOR SUBDIVISION FOR )
WILLIAM SHULTZ )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ -05 -02 MOD3
The above - entitled rezone modification application came before the City Council for their action on
February 23, 2016, at which time public testimony was taken and the public hearing was closed. The
Eagle City Council, having heard and taken oral and written testimony, and having duly considered the
matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Williams Schultz, represented by Kristi Watkins with J -U -B Engineers, Inc., is requesting a
development agreement modification to modify the condition of development relating to setbacks
within Lakemoor Subdivision No. 5 to permit a rear yard setback of 7.5 -feet on Lot 180, Block 7,
located within the "Carriage Home Site" portion of the development. Lot 180, Block 7, is located
approximately 780 -feet south of the intersection of East Lakebrook Lane and South Creek Pointe
Lane at 2931 South Creek Point Lane. The I78.52 -acre Lakemoor site is generally located on the
east side of Eagle Road approximately 1000 -feet north of Chinden Boulevard,
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on January 20, 2016.
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, February 8, 2016. 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 February 3, 2016. The site was posted in
accordance with the Eagle City Code on February 23, 2016.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 28, 1992, the City Council denied an annexation, rezone, and preliminary plat (A -911
R2 -911 PP-91) for Fall Creek Subdivision.
On January 4, 1993, the City Council approved an annexation, rezone, and preliminary plat (A-
91/ R2 -911 PP -91) for a revised version of Fall Creek Subdivision. That preliminary plat
approval has since lapsed.
On July 22, 2003, the City Council approved a Comprehensive Plan Amendment (CPA4-02) to
change the land use designation on the Comprehensive Plan Land Use Map from Residential Two
(up to two dwelling units per acre) to Mixed Use, an annexation and rezone (A -3 -02 & RZ -5 -02)
from RUT (Rural Urban Transitional) to MU -DA (Mixed Use with Development Agreement) and
a rezone from R -2 (Residential -up to two dwelling units per acre) to MU -DA (Mixed Use with
Development Agreement) for this site for B.W. Eagle, Inc.
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On May 10, 2005, the City Council approved the preliminary plat for Lakemoor Subdivision a
178.52 -acre, 240 -lot (142 - residential, 53- commercial, 45- common) subdivision (PP- 03 -05).
On February 28, 2006, the City Council approved the final plats for Lakemoor Subdivision No. I
and Lakemoor Subdivision No. 2 for DMB Investments, Inc., (FP- 13- 05/FP- 14 -05).
On June 19, 2007, the City Council approved a modification to the development agreement for
DMB Investments, LLC, and Eagle Lifestyle Center, LLC, by amending and restating the original
development agreement (recorded as Instrument No. 10504897 1) (RZ -05 -02 MOD).
On December 8, 2008, the City Council approved the final plat for Lakemoor Subdivision No. 3
for DMB Investments, LLC (FP- 04 -06).
On December 15, 2009, the City Council approved a two (2) year extension of time for the final
plat for Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid
until December 8, 2011 (EXT- 21 -09).
On October 25, 2011, the City Council approved a one (1) year extension of time for the final plat
for Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until
December 8, 2012 (EXT- 08 -11).
On February 26, 2013, the City Council approved a modification to the development agreement
for DMB Investments, LLC (RZ -05 -02 MOD2).
On February 26, 2013, the City Council approved a preliminary plat modification for Lakemoor
Subdivision for DMB Investments, LLC (PP -03 -05 MOD).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 4 for
DMB Investments, LLC (FP- 04 -13).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 5 for
DMB Investments, LLC (FP- 07 -13).
On July 14, 2015, the City Council approved the final plat for Lakemoor Subdivision No. 6 for
DMB Investments, LLC (FP- 08 -15).
1 . COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 178.5 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter, date stamped by the City on January 20, 2016, and
incorporated herein by reference (attached to the staff report).
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use
MU -DA (Mixed Use with
Lakemoor Subdivision
development agreement)
Proposed
No Change
No Change
Modification of the
Lakemoor Subdivision
preliminary plat
North of site
Mixed Use and
R -1 (Residential -one unit
Rural Residences & Eagle
Commercial
per acre maximum), C - I -
Market Place
DA (Neighborhood
Business District with a
development agreement),
C -2 -DA (General Business
District with a development
agreement)
South of site
Residential Two
MU -DA (Mixed Use with
Coast To Coast Subdivision
development agreement),
(Laguna Pointe
R- 2 -DA -P (Planned Unit
Subdivision)
Development, Residential -
two units per acre
maximum with a
development agreement)
and R- E -DA -P (Planned
Unit Development,
Residential Estates one unit
per two acres maximum
with a development
agreement)
East of site
Residential Two (up to
RUT (Residential — Ada
Rural Residences & Pasture
two dwelling units per
County designation)
acre maximum) & Public /
Semi - Public
West of site
Residential Two (up to
MU -DA (Mixed Use with a
Rural Residences &
two dwelling units per
development agreement),
Banbury Meadows
acre maximum)
R -2 (Residential) & R -2 -P
Subdivision
(Residential PUD)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 178.5 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter, date stamped by the City on January 20, 2016, and
incorporated herein by reference (attached to the staff report).
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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K.
L.
M
NON - CONFORMING USES: None are apparent on the site.
AGENCY RESPONSES:
The following agencies have previously responded with the previous application (RZ -05 -02
MOD2) and their correspondence is attached to the staff report and incorporated herein by
reference:
Central District Health
Chevron Pipe Line Company (CPL)
Eagle Fire
Middleton Irrigation Association and Middleton Mill Ditch Co
Republic Services
Ringert Clark
LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
N
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: None
• 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.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Condition on Development relating to the setbacks within the Carriage Home Site is as follows:
3.2 The residential Area A and F ( "Carriage Home Sites ") as depicted on Exhibit A2 shall be
developed by Owner in a combination of attached town homes and detached patio homes at an
approximate density of five units per acre.
Setbacks and Minimum lot size proposed for the Carriage Home Sites:
Front
15 feet
Rear
10 feet
Common Side (town home)
0 feet
Interior Side
5 feet
Additional Setback for
Multi -Story structures
5 feet
Street Side
15 feet
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Minimum Lot Size 5,000 square feet
Any reduction of lot sizes below the minimum lot size of the standard lot within the MU -DA
zone (5,000 square feet) shall require an offsetting increase of the same square footage of open
space. The specific calculation for the offsetting increase of open space and such open space
shall be incorporated into and shall be reviewed with the preliminary plat for Area A.
D. DISCUSSION:
• The applicant has submitted a development agreement modification application requesting
approval of a reduction of the rear setback on Lot 180, Block 7, Lakemoor Subdivision No. S.
The applicant constructed a house on Lot 180 in non - compliance with the approved setbacks
-- the house encroaches into the rear yard setback by 2.5 -feet. The applicant is requesting the
rear setback be reduced from 10 -feet to 7.5 -feet.
• The development agreement associated with Lakemoor Subdivision identifies the setbacks
for the development based on specific areas located within the development. The subject lot
is located within Area "F" (Carriage Home Sites). The required rear yard setback for Area
"F" is 10 -feet
The rear yard of the subject lot is located adjacent to a common lot within the development.
Staff believes a reduction of the rear yard setback to 7.5 -feet in this specific instance can be
supported since it will not negatively affect any adjacent lot owner (since the encroachment is
adjacent to a common lot).
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
modification to the second amended and restated development agreement (recorded as Instrument No.
1 13103020) with Condition of Development #3.2 modified as shown within the staff report.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 23, 2016, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/ representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION REGARDING THE DEVELOPMENT AGREEMENT MODIFICATION:
The Council voted 4 to 0 to approve RZ -05 -02 MOD3 for a modification to the second amended and
restated development agreement (recorded as Instrument No. 113103020) for DMB Investments, LLC,
with the following staff recommended modification to Condition of Development #3.2 to read as follows:
3.2 The residential Area A and F ( "Carriage Home Sites ") as depicted on Exhibit A2 shah be
developed by Owner in a combination of attached town homes and detached patio homes at an
approximate density of five units per acre.
Setbacks and Minimum Iot size proposed for the Carriage Home Sites:
Front 15 feet
Rear 10 feet (or as specified below)
Common Side (town home) 0 feet
Interior Side 5 feet
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Additional Setback for
Multi -Story structures 5 feet
Street Side 15 feet
Minimum Lot Size 5,000 square feet
Rear Setback for Lot 180, Block 7, 7.5 -feet
(Lakemoor Subdivision No.5)
Any reduction of Iot sizes below the minimum lot size of the standard lot within the MU -DA zone
(5,000 square feet) shall require an offsetting increase of the same square footage of open space. The
specific calculation for the offsetting increase of open space and such open space shall be
incorporated into and shall be reviewed with the preliminary plat for Area A.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone modification
(RZ -05 -02 MOD3) with regard to Eagle City Code Section 8 -7 -5 "Action by the Commission and
Council ", and based upon the information provided concludes that the proposed rezone is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The zoning designation of MU -DA (Mixed Use with a development agreement) is in
accordance with the Mixed Use designation shown on the Comprehensive PIan Land Use
Map; and
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that public facilities exist to serve any and all uses allowed on
this property under the zone.
c. The MU -DA (Mixed Use with a development agreement) zone has previously been
determined to be compatible with the zoning and land uses to the south, north, west and east;
and
d. The Iand is not located within a "Hazard Area" or "Special Area" as described within the
Comprehensive Plan; and
e. No non - conforming uses are expected to be created with this rezone if the development
agreement as proposed is required and subsequently complied with.
DATED this 8th day of March, 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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ATTEST: : 0
Sharon . Bergmann, Eagle City C rk h''"�';: ` P�'•�
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis.
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