Findings - CC - 2017 - RZ-23-07 MOD - Modification To Da #109021224BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION [DEVELOPMENT
AGREEMENT IN LIEU OF A PUD] FOR
THE TERRA VIEW DEVELOPMENT
FOR TERRA VIEW, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-23-07 MOD
The above -entitled rezone with development agreement modification application came before the Eagle
City Council for their action on March 14, 2017, at which time public testimony was taken and the public
hearing was closed. 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:
Terra View, LLC, represented by Justin Martin, is requesting a modification to the development
agreement (Instrument #109021224) associated with the MU -DA (Mixed Use with a development
agreement in lieu of a PUD) zoning classification for the Terra View development, a mixed use
development including +/- 231.7 acres of residential use (single-family and multi -family units) and
+/- 55.9 acres of commercial uses. The applicant is requesting a modification regarding the timing
of submittal of a preliminary plat application. The 287.6 -acre site is located at the northeast corner
of West Beacon Light Road and State Highway 16.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on January 13, 2017.
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 10, 2017. 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 7, 2017. The site was posted in
accordance with the Eagle City Code on February 14, 2017.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 9, 2009, the City Council approved an annexation and rezone from RUT (Rural -
Urban Transition — Ada County designation) to MU -DA (Mixed Use with a development
agreement in lieu of a PUD) for the Terra View development for SB/CH Land Company
(Flack/Carlock), LLC. At that time the Council instructed staff to work with the applicant to
address the concerns of the Council regarding transitioning of lots adjacent to the eastern boundary
prior to approving the development agreement for the project (A-16-07/RZ-23-07).
On January 9, 2010, the Council approved the development agreement associated with the Terra
View development for SB/CH Land Company (Flack/Carlock), LLC.
Page 1 of 7
K \Planning Dept\Eagle Applications \RZ&A\2007\RZ-23-07 MOD2 ccf.doc
On January 10, 2012, the Council approved a modification to the development agreement to
extend the time for submittal of a preliminary plat application and to correct a typographical error
contained within a condition of development (RZ-23-07 MOD).
On February 4, 2015, an extension of time to submit a preliminary plat was approved pursuant to
Condition of Development 3.2 of the executed development agreement (Instrument # 109021224).
The extension of time was approved to be valid until February 25, 2017 (RZ-23-07).
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
Existing Transitional Residential &
Village Center (Sub -area)
Proposed
North of site
No Change
Transitional Residential
South of site Residential Two (up to 2
units per acre) and Village
Center (Sub -area)
East of site Transitional Residential &
Village Center (Sub -area)
West of site City of Star's Area of
Impact
ZONING LAND USE
DESIGNATION
RUT (Rural -Urban
Transition — Ada County
designation)
No Change
A -R -DA & RUT
(Agricultural -Residential
with a development
agreement and Rural -Urban
Transition — Ada County
designation)
RUT (Rural -Urban
Transition — Ada County
designation)
RUT (Rural -Urban
Transition — Ada County
designation)
RUT (Rural -Urban
Transition -Ada County
designation) & MU -DA
(Mixed Use with a
development agreement [in
lieu of a PUD])
Proposed Terra View
Development (Mixed Use
Commercial and Residential
Development)
No Change
Agricultural land and M-3
Hanson Subdivision
Agricultural land and a
single-family residence
Agricultural land
Trellis Subdivision & Eagle
Knoll Winery
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
G. TOTAL ACREAGE OF SITE: 287.6 Acres
Acres of Residential:
Acres of Commercial:
Open Space:
and buffer areas
241.67 Acres
46.0 Acres
67.38 Acres
84.1 % (inclusive of open space)
15.9%
27.9% (inclusive of parks (public and private, pathways,
Page 2 of 7
KAPlanning Dept\Eagle Applications \RZ&A\2007\RZ-23-07 MOD2 ccf dot
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter, date stamped by the city on January 13, 2017 (attached to the
staff report).
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
J. NON -CONFORMING USES: None are apparent on the site.
K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (A-16-07/ RZ-23-
07) and their correspondence is attached to the staff report and incorporated herein by reference:
Ada County Highway District
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Sewer District
Idaho Power Company
Idaho Transportation Department
Joint School District No. 2
Star Joint Fire Protection District
L. LETTERS FROM THE PUBLIC:
Correspondence received from Victor Loewen, date stamped by the city on February 28, 2017
(provided to the City Council attached to a memo dated March 9, 2017).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
• As noted in the narrative date stamped by the city on January 13, 2017, the applicant is requesting a
modification to the development agreement executed March 5, 2012, (Instrument #112020312) (RZ-
23-07 MOD) associated with the rezone for the Terra View development (RZ-23-07). The applicant's
request is to modify Condition of Development 3.2 to allow three (3) additional years from the
development agreement modification's current preliminary plat deadline of February 25, 2017 (based
on the approved extension of time) to submit a preliminary plat application. Pursuant to Condition of
Development 3.2, of the modified development agreement, the applicant was required to submit a
preliminary plat for all or a portion of the property within six (6) years of the Effective Date of the
original executed development agreement (Instrument # 109021224). The subject modification request
will allow the applicant an additional three (3) year time period for submittal of a preliminary plat
application based upon the previously approved preliminary plat expiration date of February 25, 2017.
The applicant is also requesting that, prior to the termination of the three (3) year time period an
additional two (2) year extension of time be permitted under the criteria of Eagle City Code that exists
at the time an extension of time application is submitted. As stated in the applicant's narrative, the
submission of a preliminary plat at this time is premature due to: 1) Eagle Sewer District facilities are
over a mile away and a full extension to the site is years out; 2) to date, the City of Eagle Municipal
Water System has not been designed to accommodate the subject property; 3) a sister company of the
applicant is the developer of the Legacy development and build out of that development is
approximately seven (7) plus years from completion. Due to Legacy development not being built out,
the development of the subject site would result in parallel development at a significantly reduced pace
for Legacy and an economically unfeasible pace for Terra View based on the required infrastructure
requirements; and 4) the ACID Northwest Foothills Transportation Study update has been delayed,
which the subject property would contain road improvements that will be part of the foothill traffic
infrastructure.
Page 3 of 7
K \Planning Dept\Eagle Applications\RZ&A\2007\RZ-23-07 MOD2 ccf doc
• The original executed development agreement (Instrument # 109021224), contains a detailed Concept
Plan that shows the general layout of the proposed development. Pursuant to the executed development
agreement, the applicant is required to submit a preliminary plat application for all or a portion of the
development that is generally consistent with the Concept Plan.
Pursuant to the executed development agreement modification (Instrument #112020312) upon the
approval of a preliminary plat the approved plat is valid for two (2) years prior to the applicant being
required to either submit a fmal plat application or request for an extension of time of the preliminary
plat. If the subject request is denied the question will be, "Is the applicant going to submit a
preliminary plat application for a substantial potion of the project or is the applicant going to submit a
preliminary plat application for a very small portion of the project to comply with the condition of
development and request an extension of time two (2) years later?" Based on, 1) the detail of the
Concept Plan incorporated as an exhibit in the original executed development agreement (Instrument
# 109021224), 2) the preliminary plat application submittal must be generally consistent with the
Concept Plan, and 3) the applicant is requesting a modification to allow up to three (3) years from
February 15, 2017 (the development agreement modification preliminary plat expiration date) to
submit a preliminary plat application. Staff recommends that the applicant's request be granted. With
the approval of the development agreement modification, a preliminary plat application or an extension
of time application will be required to be submitted on or before February 25, 2020.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Staff recommends approval of the following modification to Condition of Development #3.2 of the
previously executed development agreement modification (Instrument #112020312) with strike through
text to be deleted by staff and underline text to be added by staff:
3.2 Applicant Owner shall develop the Property subject to the conditions and limitations set forth in this
Agreement. Applicant Owner shall also submit such applications regarding design review,
preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other
applicable applications as may be required by the Eagle City Code in effect as of the Effective Date
of this Agreement. Applicant Owner shall submit a preliminary plat for all or a portion of the
Property within six --(6) three (3) years of the Effective -Date current deadline of February 25. 2017.
A, the terminatio~ of Prior to the termination of the sig -(6) three (3) year time period the applicant
shall be permitted an additional two (2) year extension of time under the criteria in the code that
exists at the time the extension of time application is submitted. An approved preliminary plat shall
expire two (2) years following action by Eagle City Council, or after any additional period of time as
may be approved by Eagle City Council, not to exceed an additional three (3) years, which approval
shall not be unreasonably withheld. All preliminary plat applications must be submitted within
fifteen (15) years after the initial preliminary plat has been approved by Eagle City Council. A final
plat application must be submitted to Eagle prior to the expiration of the applicable preliminary plat.
In the event that final plat applications in connection with portions of a preliminary plat are
submitted in an orderly and reasonable manner in intervals not to exceed one (1) year following the
recordation of the last final plat, such fmal plat applications shall be considered for final approval
without resubmission of the preliminary plat for approval. A fmal plat shall be recorded in two (2)
years following Eagle City Council action on the fmal plat; provided however, Eagle City Council
may approve the extension of such two (2) year period, which approval shall not be unreasonably
withheld, for a period of time not to exceed three (3) years to facilitate the completion improvements
required by the applicable sections of Eagle City Code. As part of its consideration to extend the
time frame in this Section, Eagle City Council may require Applicant Owner to adhere to
subdivision ordinances and resolutions in effect at the time the extension is requested.
Page 4 of 7
K1Planning Dept\Eagle Applications \RZ&A\2007\RZ-23-07 MOD2 ccf doc
PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council on March 14, 2017, 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 no one (not including
the applicant/representative).
C. Oral testimony in opposition to this application was presented to the City Council by five (5)
individuals who were opposed to the application for the following reasons:
• The subject property and the adjacent parcels are rural in nature and the proposed development is
too dense for the area.
• The noise levels in the area will be high based on the proposed uses to be located within the
commercial area.
• The density in this area should be limited to no more than one unit per five (5) acres.
• The city has a different vision for development in this area.
• There was previously an extension of time (to submit a preliminary plat application) approved for
this development.
• The project should not be approved and the developer should be required to re -design the project.
• High density residential at this location was not contemplated and is an inappropriate use for the
area.
• No one has contacted the adjacent neighbors regarding impacts to the adjacent properties.
• There should not be commercial uses located within the development, the residents should be
required to drive to services.
• The property should be developed with large homes located within large lots.
• There will be additional traffic on Linder Road from the proposed development.
• There should be no lots smaller than one acre in size north of Beacon Light Road.
COUNCIL DECISION:
The Council voted 3 to 1 (Preston against) to approve RZ-23-07 MOD2 for a modification to Condition of
Development #3.2 of the development agreement (Instrument #112020312) for Terra View, LLC, with the
following strike through text to be deleted by the Council and underline text to be added by the Council:
3.2 Applicant Owner shall develop the Property subject to the conditions and limitations set forth in
this Agreement. Applicant Owner shall also submit such applications regarding design review,
preliminary and fmal plat reviews, and/or any conditional use permits, if applicable, and any other
applicable applications as may be required by the Eagle City Code in effect as of the Effective
Date of this Agreement. Arclicarit Owner shall submit a preliminary plat for all or a portion of the
Property within six (6) three (3) years of the E este-Date current deadline of February 25, 2017.
A, the tenninatien of Prior to the termination of the six -(6) three (3) year time period the applicant
shall be permitted an additional two (2) year extension of time under the criteria in the code that
exists at the time the extension of time application is submitted. An approved preliminary plat
shall expire two (2) years following action by Eagle City Council, or after any additional period of
time as may be approved by Eagle City Council, not to exceed an additional three (3) years, which
approval shall not be unreasonably withheld. All preliminary plat applications must be submitted
within fifteen (15) years after the initial preliminary plat has been approved by Eagle City Council.
A final plat application must be submitted to Eagle prior to the expiration of the applicable
preliminary plat. In the event that final plat applications in connection with portions of a
preliminary plat are submitted in an orderly and reasonable manner in intervals not to exceed one
(1) year following the recordation of the last fmal plat, such fmal plat applications shall be
Page 5 of 7
K.\Planning Dept\Eagle Applications\RZ&A\2007\RZ-23-07 MOD2 ccfdoc
considered for final approval without resubmission of the preliminary plat for approval. A final
plat shall be recorded in two (2) years following Eagle City Council action on the final plat;
provided however, Eagle City Council may approve the extension of such two (2) year period,
which approval shall not be unreasonably withheld, for a period of time not to exceed three (3)
years to facilitate the completion improvements required by the applicable sections of Eagle City
Code. As part of its consideration to extend the time frame in this Section, Eagle City Council
may require Applicant Owner to adhere to subdivision ordinances and resolutions in effect at the
time the extension is requested.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
23-07 MOD2) 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 development agreement [in lieu of a PUD])
is consistent with the Village Center, and Transitional Residential designation as shown on the
Comprehensive Plan Land Use Map and is consistent with the Community Center designation as
shown on the Foothills Future Land Use Map contained within the comprehensive plan since
conditions of development have been placed in the development agreement to assure that future
development will be constructed in conformance with the comprehensive plan;
b) The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist, or are expected to be provided at the time
of development as conditioned in the original development agreement, to serve all uses allowed on
this property under the proposed zone and development agreement. The public facilities needed for
the site will also be addressed, pursuant to agency responses and the executed development
agreement, during the preliminary plat approval process;
c) The MU -DA (Mixed Use with development agreement) [in lieu of a PUD]) is compatible with the
RUT (Rural -Urban Transition -Ada County designation) zone and land uses to the south since this
area has the same comprehensive plan designation as this site, and is located within the Village
Planning Area and Community Center area and may be developed with similar uses;
d) The MU -DA (Mixed Use with development agreement [in lieu of a PUD]) is compatible with the
RUT (Rural -Urban Transition -Ada County designation) zone and land uses to the east since a
buffer area will be required adjacent to the eastern boundary and that 2/3 of the residential
development in the overall project takes place prior to the development of the "Active Adult"
community east of the collector. The area east of the proposed development also has the same
comprehensive plan designation as this site, and may be developed with similar uses;
e) The MU -DA (Mixed Use with development agreement [in lieu of a PUD]) is compatible with the
RUT (Rural -Urban Transition -Ada County designation) and MU -DA (Mixed Use with a
development agreement [in lieu of a PUD]) zones and land uses to the west since State Highway
16 provide a separation to the proposed land uses within this development;
f) The MU -DA (Mixed Use with development agreement [in lieu of a PUD]) is compatible with the
A -R -DA (Agricultural -Residential — one unit per five acres with a development agreement) and
RUT (Rural -Urban Transition -Ada County designation) zones to the north since this area has the
same comprehensive plan designation as this site, and may be developed with similar transitioning
uses;
Page 6 of 7
K\Planning Dept\Eagle Applications \RZ&A\2007\RZ-23-07 MOD2 ccf.doc
g)
The land is located within a "Hazard Area" or "Special Area" as described within the
comprehensive plan. Portions of the site are located within a floodplain area. The development of
the site will be required to meet the requirements of Eagle City Code, Title 10, Flood Control or
the applicant will be required to submit a LOMR (Letter of Map Revision) removing the site from
the floodplain through FEMA (Federal Emergency Management Administration) and the City of
Eagle; and
h) No non -conforming uses are expected to be created with this rezone pursuant to the conditions
placed within the development agreement.
DATED this 28th day of March 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
72.
Stan idgeway, Mayor
EST:
Sharon i : ergmann, Eagle City
ssssssssssssssssss
,.•`� OF EAC
errlf � tit :
SEAL,/
s
Page 7 of 7
K \Planning Dept\Eagle Applications \RZ&A\2007\RZ-23-07 MOD2 ccf doc