Findings - CC - 2023 - RZ-04-18 MOD2 - Development Agreement Modification [Development Agreement in Lieu of a PUD] for Bellemeade Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION [DEVELOPMENT )
AGREEMENT IN LIEU OF A PUD] )
FOR MADERA DEVELOPMENT,INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-04-18 MOD2
The above-entitled development agreement modification (development agreement in lieu of a PUD)
application came before the Eagle City Council for their action on February 14, 2023, at which time
public testimony was taken and the public hearing was closed. The Council made their decision at that
time. 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:
Madera Development, Inc.,represented by Mary Wall and Jon Breckon with Breckon Land Design,is
requesting a modification to the rezone development agreement associated with the approved
Bellemeade Subdivision. The request is to modify the front yard setback identified in the previously
approved Condition of Development 3.4.The 10.99-acre site is located on the north side of West Flint
drive at the northeast corner of West Flint Drive and North Park Lane at 3850 West Flint Drive and
312 North Park Lane.
B. APPLICATION SUBMITTAL:
The rezone development agreement modification request was received by the City of Eagle on
December 22,2022.A revised setback exhibit was received by the City on January 13, 2023.
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 January 27,
2023. 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 January 27, 2023. The site
was posted in accordance with the Eagle City Code on January 22,2023.
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).
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On September 26, 2006, the City Council approved a preliminary plat extension of time for
Bellemeade Planned Unit Development,to be valid until September 27,2007(PPUD-03-05 EXT).
On May 8, 2007, the City Council approved a design review for the common area landscaping for
Bellemeade Subdivision for Tom Ricks(DR-87-06).
On May 8, 2007, the City Council approved a design review for the signage for Bellemeade
Subdivision for Tom Ricks(DR-88-06).
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 January 13, 2009, the City Council approved a final plat extension of time for Bellemeade and
Bellewood Planned Unit Developments,to be valid until November 20,2009 (EXT-22-08).
On December 1, 2009, the City Council approved a second final plat extension of time for
Bellemeade and Bellewood Subdivisions,to be valid until November 20,2010(EXT-22-09).
On December 14, 2010,the City Council approved a third final plat extension of time for Bellemeade
and Bellewood Subdivisions,to be valid until November 20,2011 (EXT-12-10).
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 Liberty Park Subdivision (formerly known as Bellemeade Planned Unit
Development)(RZ-01-15/PP-01-15).
On November 17, 2015, the City Council approved a development agreement modification and
preliminary plat modification for Liberty Park Subdivision(RZ-01-15 MOD/PP-01-15 MOD).
On November 13,2018,the City Council approved a rezone with a development agreement(in lieu of
a PUD) and preliminary plat for Bellemeade Subdivision for Madera Development, Inc. (RZ-04-
18/PP-03-18).
On May 28, 2019, the City Council denied a modification to Condition of Development #3.4 of the
executed development agreement(Ada County instrument#2019-089961).
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with a Lot 1 and 2,Block 1,Flint
development agreement) Estates Subdivision
Proposed No Change No Change Single-family(attached
and/or detached)residential
subdivision
North of site Public/Semi-Public PS (Public/Semipublic) Eagle High School
South of site Mixed Use MU-DA(Mixed Use with Single-family residence and
Development Agreement Warrior Park Subdivision
[in lieu of a PUD])
East of site Neighborhood Residential A-R(Agricultural- Flint Estates Subdivision
Residential)
West of site Mixed Use MU-DA(Mixed Use with Springhouse Subdivision
Development Agreement
[in lieu of a PUD])
F. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA or DSDA.
G. TOTAL ACREAGE OF SITE: 10.99-acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter, date stamped by the City on December 22, 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.
K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (RZ-04-18/PP-
03-18) and their correspondence is attached to the staff report and is incorporated herein by
reference:
Ada County Highway District
Andeavor
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Fish and Game
Idaho Transportation Department
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L. LETTERS FROM THE PUBLIC:None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART
OF THE CITY COUNCIL'S FINDINGS OF FACT:
A. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
0 Eagle City Code, Section 8-24 Schedule of Building Height and Lot Area Regulations for the
MU(Residential)zone:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width I*
Sq. Ft.)G
And H*
5,000 50'
G.All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
B. DISCUSSION:
• The applicant is requesting a rezone development agreement modification to reduce the front setback
for the garage and living space areas on lots fronted by a detached sidewalk. The applicant's request is
to reduce the previously approved setback to the garage from 31-feet to 26-feet and reduce the setback
to living area from 31-feet to 21-feet.
Pursuant to Eagle City Code Section 8-6-5-5(A)(3),setbacks for modified lot sizes shall conform to the
closest compatible base zone identified in Eagle City Code Section 8-24.
The required setbacks within the MU(Mixed Use)zone are as follows:
Front 20-feet
Rear 20-feet
Side 7.5-feet
Street Side 20-feet
Maximum Coverage 50%
Condition of Development#3.4 addressing the setbacks was approved as follows:
3.4. Front: 31-feet(Lots fronted by a detached sidewalk)
25-feet(Lots fronted by an attached sidewalk)
Rear: 15-feet
Interior Side: 0-feet/5-feet(if detached)
Street Side: 21-feet(living),31-feet(garage)
Maximum Lot Coverage:60%
The development may contain 60% single-story dwellings (with a maximum plate height of
10-feet and maximum building height of 25-feet)and 40%two-story dwellings.The two-story
dwellings shall be located along the northern property line and within the center housing area
of the subdivision.
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The front setbacks were based on providing a minimum of 25-feet between the garage and the back of
the sidewalk to allow for the parking of vehicles without overhanging the sidewalk. The subdivision is
constructed with no attached sidewalks, therefore, a specific front setback for lots fronted by an
attached sidewalk is no longer required.
The applicant's proposed front setbacks along with the previously approved rear setback, side setback,
and maximum lot coverage are as follows:
Front: 31-feet(Garage)
21-feet(Living)
Rear: 15-feet
Interior Side: 0-feet/5-feet(if detached)
Street Side: 21-feet(living),31-feet(garage)
Maximum Lot Coverage: 60%
As required,the 31-foot garage setback provides 25-feet located between the front of the garage and the
back of sidewalk. The 21-foot setback for the living area is in conformance with Eagle City Code
Section 8-2-4.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Based upon the information provided to staff to date, if the Council approves the requested setback, staff
recommends Condition of Development#3.4 be modified as provided within the staff report.
PUBLIC HEARING OF THE COUNCIL (Public Hearing Audio/Video Record):
https://eagle-
id.granicus.com/player/clip/1687?view id=l&redirect=true&h=9ced55115a3b2637 ldceed32bdbcdfbf
A. A public hearing on the application was held before the Eagle City Council on February 14, 2023, 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:
The Council voted 4 to 0 to approve RZ-04-18 MOD2 for a modification to Condition of Development
#3.4, for Madera Development, Inc, with the following staff recommend Condition of Development#3.4
modification:
3.4 The setbacks and lot coverage shall be as follows:
Front: 31-feet(Garage)
21-feet(Living)
Rear: 15-feet
Interior Side: 0-feet/5-feet(if detached)
Street Side: 21-feet(living), 31-feet(garage)
Maximum Lot Coverage: 60%
The development may contain 60% single-story dwellings (with a maximum plate height of 10-feet and
maximum building height of 25-feet) and 40% two-story dwellings. The two-story dwellings shall be
located along the northern property line and within the center housing area of the subdivision.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone modification
(RZ-04-18 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 MU-DA (Mixed Use with a development agreement in lieu of a PUD) zoning district 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 MU-DA (Mixed Use with a development agreement in lieu of a PUD) zoning district is
compatible with the PS (Public/Semipublic) zone and land use to the north since the area is
developed with a high school(Eagle High School);
d. The MU-DA (Mixed Use with a development agreement in lieu of a PUD) zoning district is
compatible with the MU-DA (Mixed Use with a development agreement in lieu of a PUD) zone
and land use to the south since that area has been developed with residential homes and West
Flint Drive is located between the two(2)developments;
e. The MU-DA (Mixed Use with a development agreement in lieu of a PUD) zoning district is
compatible with the A-R(Agricultural-Residential)zone and land use to the east since that area is
a vacant parcel and may be developed with a density of up to four dwelling units/acre;
f. The MU-DA (Mixed Use with a development agreement in lieu of a PUD) zoning district is
compatible with the MU-DA (Mixed Use with a development agreement in lieu of a PUD) zone
and land use to the west since the property is developed with a residential subdivision and is
buffered from the subject property by North Park Lane and a landscape buffer;
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.
DATED this 281'day of February 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
J on erce,Mayor
ATTEST:
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