Findings - CC - 2017 - RZ-04-13 MOD - Da Modification For Lanewood SubdivisionBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION FOR LANEWOOD
SUBDIVISION FOR SMITH BRIGHTON, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-04-13 MOD
The above -entitled development agreement modification application came before the Eagle City Council for
their action on April 11, 2017. 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:
Smith Brighton, Inc., represented by Mike Wardle, is requesting a development agreement
modification to provide a revised fencing exhibit to the development agreement and allow for a
church site to be located within Lanewood Subdivision No. 2. The 110.69 -acre site is located at the
northwest corner of North Linder Road and West Floating Feather Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on February 8, 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 March 24,
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 March 21, 2017. The site was posted in accordance with the Eagle City Code
on March 31, 2017.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 11, 2007, the Ada County Board of County Commissioners approved a rezone with
development agreement, planned unit development, and preliminary plat for Lanewood Estates
Planned Unit Development (of which the subject property is a portion of) (Ada County File #
200700017 — S/ZC/PUD/DA).
On December 11, 2012, the Eagle City Council approved an annexation, rezone, conditional use,
preliminary development plan, and preliminary plat applications for Lanewood Subdivision (A-03-
12/RZ-03-12/CU-03-12/PPUD-01-12/PP-01-12 ).
On February 28, 2013, the Design Review Board approve a design review application for the common
area landscaping within Lanewood Subdivision (DR -03-13).
On November 26, 2013, the Eagle City Council approved an annexation, rezone, conditional use,
preliminary development plan, and preliminary plat applications for Lanewood Subdivision No. 2
(inclusive of 1.58 -acres previously included within Lanewood Subdivision No. 1) (A-03-13/RZ-04-
13 /CU -0 5 -13 /PPUD-0 5 -13 /PP -09-13 ).
On May 13, 2014, the Eagle City Council approved an extension of time application for the
preliminary plat for Lanewood Subdivision (PP -01-12) (EXT -02-14).
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On September 9, 2014, the Eagle City Council approved a final development plan and final plat for
Lanewood Subdivision No. 1 (FPUD-06-14 & FP -15-14).
On September 23, 2014, the Eagle City Council approved an extension of time application for the
execution of the development agreement for the rezone and the preliminary plat for Lanewood
Subdivision No. 2 (RZ-04-13/PP-09-13).
On December 13, 2016, the Eagle City Council approved a final development plan and final plat for
Lanewood Subdivision No. 2.
On January 21, 2016, an Amended and Restated Development Agreement (Instrument #2016-
008962) was executed which combined the conditions of development contained within the
development agreement associated with RZ-03-12 (Instrument #114026828) and the City Council
approved conditions of development associated with RZ-04-13 (pursuant to the owner's request).
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two R -3 -DA -P (Residential with Residential (Proposed
a development agreement - Lanewood Subdivision)
PUD)
Proposed No Change No Change No Change
North of site Residential Two RUT (Rural -Urban Vacant parcel
Transition — Ada County
designation)
South of site Residential Two R -2 -DA -P (Residential with Single-family residential
a development agreement — (Legacy development)
PUD)
East of site Residential Two RUT (Rural -Urban Agriculture
Transition — Ada County
designation)
West of site Residential Two R -3 -DA -P (Residential with Residential (Lilac Springs
a development agreement - Subdivision) and a single -
PUD) and RUT (Rural- family residence.
Urban Transition — Ada
County designation)
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: 110.69 -acres (approximate)
H. APPLICANT'S STATEMENT OF JUSTIFICATION OF A MODIFICATION TO THE
DEVELOPMENT AGREEMENT:
See applicant's justification letter date stamped by the City on February 8, 2017 (attached to the staff
report).
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I. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Utilities and services will be required to be installed with the development of the site.
J. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
K. NON -CONFORMING USES:
Based upon the information available, the proposed rezone modification will not create any
noncompliance issues with regard to provisions of the Eagle City Code.
L. AGENCY RESPONSES:
The following agencies previously responded to the original applications for rezone with
development agreement, conditional use permit, preliminary planned unit development, and
preliminary plat(RZ-03-12/CU-03-12/PPUD-01-12/PP-03-12 [Lanewood Subdivision No. 1] and
RZ-09-00/CU-09-00/PPUD-06-00/PP-09-00 [Lanewood No. 2]) and their responses are attached to
the staff reports dated September 26, 2012 (Lanewood Subdivision No. 1) and October 3, 2013
(Lanewood Subdivision No. 2).
Ada County Highway District
Boise Flood Control District No. 10
Central District Health
Department of Environmental Quality
Eagle Fire Department
Idaho Department of Lands
Idaho Transportation Department
Joint School District No. 2
Middleton Irrigation Association
and Middleton Mill Ditch Co.
Republic Services
Sawtooth Law (representing Drainage District No. 2)
United Water Company
M. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARING THIS
PROPOSAL:
• Eagle City Code Section 8-10-1: Development Agreements: Requirements and Restrictions:
D. Approval Of The Development Agreement:
1. The council may require a development agreement be executed to allow a rezone if, in the opinion
of the council, approval of the requested rezone does not satisfy the requirements set forth in the
zoning ordinance for rezone approval, but the particular project or use contemplated has a value
to the community that would justify the use of a development agreement. A development
agreement may not allow a use on the parcel that is not an allowed or conditional use in the
requested rezone.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
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D. DISCUSSION:
• The applicant is requesting a modification to the development agreement (Instrument #2016-008962)
associated with RZ-04-13 for the Lanewood Estates Subdivision. The applicant's request is to add
two (2) new exhibits to the development agreement. The first exhibit is a concept plan showing a
potential church site. The second exhibit is a replacement for the existing fencing exhibit (Exhibit E).
• The applicant's request is to construct stained cedar fencing in lieu of the previously approved vinyl
fencing and provide a new fencing exhibit to the development agreement reflecting the proposed
change. The applicant was previously approved to construct vinyl fencing located adjacent to the
subdivision boundary and the two (2) entry corridors located adjacent to common lots. Should the
Council approve the requested change of fencing, the applicant will be required to submit a design
review modification application to address the change of style of fencing. Condition of Development
3.4(b) of the executed development agreement (Instrument #2016-008962) will need to be modified
to remove cedar fencing as a prohibited material and provide a provision within the CC&Rs to address
the maintenance of the stained cedar fencing to ensure the fencing is routinely maintained so it doesn't
fall in disrepair and remains aesthetically pleasing.
• The applicant's second request is to add a new Condition of Development 3.8 to the development
agreement to allow a church as a permitted use. The potential church site is proposed to be located
within proximity to the northwest corner of the site. The potential church site would be located at the
northeast corner of North Lanewood Road and the proposed West Venetian Street. The overall
concept plan, date stamped by the city on February 8, 2017, shows 12 -residential lots at the location
where the church site is proposed to be located. The applicant is also requesting that the development
agreement contains two (2) concept plans, one of which will be the current concept plan and the
second concept plan will show the proposed church site. Should the Council approve the requested
change to allow a church as a permitted use, Condition of Development #3.3 of the executed
development agreement (Instrument # 2016-008962) will need to be modified to reference the two
(2) concept plans. In the event a church will be constructed onsite a final plat could be approved
without a modification to the preliminary plat since the church site will only need a single lot and the
number of residential lots currently approved for this area is twelve (12); therefore, the total lot count
would be reduced by eleven (11).
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the conditions of
development provided within the staff report.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 11, 2017, 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.
D. Oral testimony neither in opposition to nor in favor of the proposal was presented to the City Council by
three (3) individual who indicated the following concerns:
• The adjacent neighbor's property may be landlocked due to the proposed development and requested
a stub street be provided at the northern property line.
• Two of the individuals indicated they have a concern with the proposed cedar fencing and also had a
question in regard to the location of the proposed fencing in relation to whether it would be located
on top or at the base of a buffering berm.
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COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-04-13 MOD for a development agreement modification to contain
the following: 1) two (2) concept plans (current concept plan [Exhibit B-1] and a revised concept plan
[Exhibit B-2] showing a potential church site), 2) two (2) fencing exhibits (current fencing exhibit [Exhibit
E-1) and a revised fencing exhibit [Exhibit E-2] showing the style of fencing around the proposed church
site) (showing stained cedar fencing replacing the vinyl fencing), 3) Condition of Development #3.3 amended
to reference the new exhibit showing the potential church site and Condition of Development #3 .4(b)
amended, and 4) a new Condition of Development #3.8 and 3.9, with underline text to be added by the Council
and strike through text to be deleted by the Council:
3.3 The Concept Plans (Exhibit B-1 — B-2) represents the Owner's current concepts for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, and amenities.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit (Exhibit
E-1 — E-2). All other fencing (i.e. cedar -fencing -and chainlink) shall be prohibited.
(c) A requirement that the stained cedar fencing located adiacent to the subdivision boundary and the
entry corridors shall be routinely maintained in competent and attractive manner in perpetuity.
3.8 The residential lots and landscape buffer located adiacent to North Lanewood Road at the northwest
corner of the Property mav be converted to a church site. A church use which is shown as "C" —
Conditional Use under the R (Residential) zoning designation within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations." shall be a permitted use on the Property. Owner shall submit
a design review application for the site and shall comply with all conditions required by the City of Eagle
as a part of the design review prior to issuance of a zoning certificate.
This action does not propose modification to the approved preliminary plat (PP -09-13) or deletion of the
referenced lots. In the event that construction of a church does not occur. the residential lots will be
developed as proposed. approved, and depicted on Exhibit B-1.
3.9 Owner shall work with the property owner located at 2220 North Lanewood Road. ACRD. and the City
to provide access from the local street located adiacent to the northern property line associated with 2220
North Lanewood Road.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-04-13 MOD)
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 -P is in accordance with the Mixed Use classification 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 previously indicated that public facilities exist to serve any and all uses allowed on this
property under the zone.
c. The MU -DA -P zone has previously been determined to be compatible with the zoning and land uses
to the south, north, west and east;
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d. The land 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 modification to the development
agreement since the Council determined that the proposed stained cedar fencing will be constructed
in a manner which is durable and aesthetically pleasing. Also, the subdivision homeowner's
association will be required to provide routine maintenance of the stained cedar fencing to maintain
it in a competent and attractive manner in perpetuity.
DATED this 25th day of April 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan idgeway, Mayor
ATTEST:
171-4
SharorA
n K. Bergmann, Eagle Cif y Clerk
• .
-. ♦ •
• 40. J :G V 4•n • S• �
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