Findings - CC - 2022 - RZ-12-08 MOD4 - Rezone (Development Agreement Modificaiton) For Restored Community Church BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A REZONE (DEVELOPMENT )
AGREEMENT MODIFICATION) FOR )
RESTORED COMMUNITY CHURCH )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-12-08 MOD4
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their action on May 10, 2022, 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:
Restored Community Church, represented by Randy Haverfield, AIA, with Architecture Northwest,
PA, is requesting a development agreement modification to the rezone development agreement
associated with the Restored Community Church. The request is for an increase of maximum lot
coverage to allow construction of a new church facility within the site. The 5.52-acre site is located on
the south side of West Floating Feather Road approximately 1000-feet east of North Park Lane at 3633
West Floating Feather Road.
B. APPLICATION SUBMITTAL:
The rezone with development agreement modification application was received by the City of Eagle
on April 14, 2022.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the 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 April 22, 2022.
Notice of this public hearing was mailed to property owners in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on April 22, 2022. The site was posted in
accordance with the Eagle City Code on April 30, 2022.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 26, 2005, the City Council made a recommendation to Ada County Board of County
Commissioners to approve a Conditional Use Permit and Master Site Plan for West Valley Baptist
Church(05-03-CU/05-04-MSP—Ada County application).
On March 10, 2009, the City Council approved an annexation and rezone from RUT (Rural-Urban
Transition —Ada County designation) to A-R-DA (Agricultural-Residential — up to one (1) dwelling
unit per five(5)acres with a development agreement)for Abundant Life Baptist Church(A-06-08/RZ-
12-08).
On April 14, 2009, the City Council approved a design review application to convert a residential
dwelling to a church facility and construct a building addition for Abundant Life Baptist Church(DR-
03-09).
On April 14, 2009,the City Council approved a design review application to allow one (1)monument
sign for the Abundant Life Baptist Church(DR-04-09).
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On May 29,2009,the development agreement associated with the project was executed by both parties
and subsequently recorded at the Ada County Recorders Office on June 2, 2009 (Instrument
#109064085).
On January 24,2012,the City Council approved a development agreement modification for Abundant
Life Baptist Church(RZ-12-08 MOD).
On March 13,2012,the development agreement modification associated with the project was executed
by both parties and subsequently recorded at the Ada County Recorders Office on April 18, 2012
(Instrument#112035884).
On February 13,2018,the City Council approved a development agreement modification for Restored
Community Church(RZ-12-08 MOD2).
On February 23, 2018, the development agreement modification associated with the project was
executed by both parties and subsequently recorded at the Ada County Recorders Office on March 5,
2018 (Instrument#2018-019975).
On March 13, 2018, The City Council approved a modification of a design review application for a
building addition for Restored Community Church(DR-03-09 MOD).
On October 23, 2018,the City Council approved a design review application for a monument sign for
Restored Community Church(DR-46-18).
On September 8,2020,the City Council approved a development agreement modification for Restored
Community Church(RZ-12-08 MOD3).
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood A-R-DA(Agricultural- Church Facility
Residential Residential with a
development agreement)
Proposed No Change No Change New church facility
North of site Neighborhood R-E(Residential-Estates) Cavallo Estates
Residential Subdivision
South of site Neighborhood PS (Public/Semi-public) School(Eagle High
Residential Public School)
East of site Neighborhood R-3-DA(Residential with a Single-family
Residential development agreement) dwelling/Single-family
residential subdivision
(Creek Water Subdivision)
West of site Neighborhood R-E-DA(Residential-Estates Single-family residential
Residential with a development subdivision(Eusterman
agreement) Subdivision)
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
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G. TOTAL ACREAGE OF SITE: 5.52-acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter, date stamped by the City on April 14, 2022 (attached to the staff
report and incorporated herein by reference).
I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
J. NON-CONFORMING USES: None are apparent on the site.
L. LETTERS FROM THE PUBLIC: None received.
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 (adopted November 15, 2017) designates this site as the
following:
Neighborhood Residential
Suitable for single-family residential. Densities range from 2 units per acre to 4 units per acre.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses.Commonly
requires a transition/change in density, lot sizing,and building scaling with a specific parcel or project.
Base densities may be reduced or units may be clustered to increase open space within a portion of a
site when property is in this overlay.Neighborhood design will be paramount in this overlay to ensure
appropriate transition between uses. See specific planning areas for further description.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-3 Schedule of District Use Regulations:
Churches are allowed by Conditional Use within the A-R (Agricultural-Residential zoning
designation.
• Eagle City Code Section 8-10-1: DEVELOPMENT AGREEMENTS: Requirements and
Restrictions:
A. Purpose: Development agreements are a discretionary tool to be used by the Council as a
condition of rezoning. Development agreements allow a specific project with a specific use to
be developed on property in an area that is not appropriate for all uses allowed or conditional
in the requested zone.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (Ada County instrument#2021-128555)
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required
by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time
such applications are made except as otherwise provided within this Agreement.
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3.2 Owner shall submit a design review application showing at a minimum: 1)proposed signage, 2)
planting details within the proposed and required landscape buffer areas adjacent to W. Floating
Feather Road, and the eastern and western boundaries, 3) detached sidewalk adjacent to W.
Floating Feather Road, 4) useable amenities such as picnic pavilion, structures associated with
the amphitheater, and storage building, and/or similar amenities, and 5) location of future
building expansions, new buildings, modular buildings, and associated parking area(s). The
design review application shall be reviewed and approved by the Eagle Design Review Board
and Eagle City Council prior to the issuance of a building permit.
3.5 The existing church facility may continue to be served by the potable well located on site until
the time of construction of a new church facility on the northern portion of the property. At this
time the Owner shall provide central water and sewer to the existing and newly constructed
church facilities. After construction of the new church facility on the northern portion of the
property and a certificate of occupancy is issued, the Owner shall be required to remove the
modular building within sixty(60)days.
3.9 The required improvements (i.e. curb, gutter, detached sidewalk, etc.) located adjacent to West
Floating Feather Road may be deferred until a new church is constructed within the northern half
of the Property.
3.10 The access driveway and parking areas associated with existing church facility shall be improved
with a gravel all-weather surface material. The access driveway and parking areas shall be
reviewed and approved by the Eagle Fire Department. The gravel all-weather surface is only
approved for the previously approved expansion of the existing church facility approved by the
Eagle City Council on January 9, 2018, (RZ-12-08 MOD2). Should the Owner terminate the
agricultural use occurring within the northern half of the Property, the Owner shall pave the
access driveway and parking areas, located internal to the Property within one (1) year of the
termination of the agricultural use..
D. DISCUSSION:
• At the time the property was annexed and rezoned by the City of Eagle a development agreement
was utilized in lieu of a conditional use permit to allow a church use to be located within the
property. Subsequently the existing home on the site was converted to a church facility. In 2018
the development agreement was modified to allow for an addition to the existing church facility.
As identified in the applicant's narrative, the applicant is proposing to construct a new worship
facility along with required site improvements. The proposed worship facility will be constructed
in the approximate location as shown on the Concept Plan contained within the executed
development agreement (Ada County instrument#2021-128555). The subject property is located
within the A-R-DA (Agricultural-Residential with a development agreement) zoning district.
Pursuant to Eagle City Code Section 8-2-4, the maximum lot coverage within the A-R
(Agricultural-Residential) zoning district is 10%. As proposed, the total lot coverage of the new
worship facility and the other structures located within the site is 11.5%. The properties located
adjacent to the subject site are zoned differently; therefore, allow for a higher percentage of
maximum lot coverage. The lowest percentage of maximum lot coverage located adjacent to the
subject site is 15%. If the City Council approves a maximum lot coverage of up to 15% the
maximum lot coverage would be harmonious and appropriate in appearance with the existing and
intended character of the area.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Based upon the information provided to staff to date, if the City Council approves the applicants request,
the development agreement should be modified to add a new Condition of Development#3.11,as provided
within the staff report.
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PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council on May 10, 2022, at which time
public testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of this application was presented to the City Council by two (2) individuals
(other than the applicant/representative) who indicated that attendance has grown exponentially, and
this modification will accommodate the needs of the church. Also, the attendees have been good and
thoughtful neighbors.
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 3 to 0 (Pike recused) to approve RZ-12-08 MOD4 for a development agreement
modification to the rezone development agreement associated with the previously approved Restored
Community Church, with the following staff recommend Condition of Development #3.11 to be placed
within a development agreement modification:
3.11 The maximum lot coverage of the Property shall not exceed 15%.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone modification(RZ-
12-08 MOD4)with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council",
and based upon the information provided concludes that the proposed rezone is in accordance with the
City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of A-R-DA (Agricultural-Residential with a development
agreement) is consistent with the Agricultural-Residential designation as shown on the
Comprehensive Plan Land Use Map and the requested increase in maximum lot coverage will be
compatible with the allowed maximum lot coverage of the adjacent uses;
b. The applicant is required pursuant to the executed development agreement(Ada County instrument
#2021-128555)to extend the public facilities needed for this site;
c. The A-R-DA(Agricultural-Residential)zone has previously been determined to be compatible with
the zoning and land uses to the south, north, west and east; and;
d. The land proposed for modification to the development agreement is not located within a"Hazard
Area"and"Special Area"as described within the Comprehensive Plan; and
e. No nonconforming uses will be created with this modification to the development agreement.
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DATED this 24th day of May 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
J. Pierce,Mayor
ATTEST:
. PCB•.....• * .,
Tracy E. , agle City Clerk 0= 0� •• fit,
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