Findings - CC - 2019 - RZ-13-05 MOD 5 - Modification To The Legacy Rezone DaORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A MODIFICATION TO THE LEGACY
REZONE DEVELOPMENT AGREEMENT
MODIFICATION FOR CLOUD BERRY, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-13-05 MODS
The above -entitled rezone development agreement modification application came before the City Council
for their decision on February 12, 2019, at which time public testimony was taken and the public hearing
was closed. The 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:
Cloud Berry, LLC, represented by Justin Martin, is requesting a modification to the executed
development agreement (Instrument No. 2018-030159) to modify the memorandum of agreement
(Exhibit H) associated with the construction of the municipal well. The 623.9 -acre site is generally
located approximately 1,850 -feet north of State Highway 44 between Linder Road and State
Highway 16.
B. APPLICATION SUBMITTAL:
The rezone development agreement modification application was received by the City of Eagle on
January 22, 2019.
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 28, 2019. 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 January 28, 2019. The site was posted in
accordance with the Eagle City Code on January 29, 2019.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation, rezone with development
agreement, conditional use permit, preliminary development plan, and preliminary plat for the
Legacy Planned Community(A-09-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06).
On January 28, 2015, the City Council approved a conditional use permit, preliminary
development plan, and preliminary plat for Snoqualmie Falls Subdivision No. 6 (CU-06-
14/PPUD-03-14/PP-09-14).
On April 9, 2015, the Eagle Design Review Board approved a design review application for the
common area landscaping within Snoqualmie Falls Subdivision No. 6 (DR -06-15).
On September 12, 2017, the City Council approved a conditional use permit, preliminary
development plan, and preliminary plat application for Snoqualmie Falls Subdivision No. 10 (CU-
06-17/PPUD-03-17/PP-03-17).
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On October 24, 2017, the City Council approved a design review application for the common area
landscaping within Snoqualmie Falls Subdivision No. 10 (DR -44-17).
On November 28. 2017, the City Council approved a modification to the development agreement
associated with the R -2 -DA -P zoning classification for the Legacy Development (RZ-13-05
MOD4).
On December 12, 2017, the City Council approved a conditional use permit, preliminary
development plan, and preliminary plat application for Snoqualmie River Subdivision (CU-08-
17/PPUD-04-17/PP-04-17 ).
On February 13, 2018, the City Council approved a design review application for the common
area landscaping within Snoqualmie River Subdivision No. 1 (DR -54-17).
On April 10, 2018, the City Council approved the final development plan and final plat for
Snoqualmie River Subdivision No. 1 (FPUD-01-18/FP-01-18).
On April 10, 2018, the City Council approved the final development plan and final plat for
Snoqualmie Falls Subdivision No. 10 (FPUD-05-17/FP-02-17).
On June 26, 2018, the City Council approved a conditional use permit, preliminary development
plan, and preliminary plat application for Snoqualmie River Subdivision No. 2 (CU-01-18/PPUD-
01-18/PPUD-02-18).
On August 28, 2018, the City Council approved a design review application for the common area
landscaping within Snoqualmie River Subdivision No. 2 (DR -31-18).
On September 24, 2018, the City Council approved a final development plan and final plat for
Snoqualmie River Subdivision No. 2 (FPUD-11-18/FP-13-18).
On January 8, 2019, the City Council approved a final development plan and final plat for
Snoqualmie Village Subdivision No. 1 (FPUD-15-18/FP19-18).
On January 8, 2019, the City Council approved a final development plan and final plat for
Snoqualmie Village Subdivision No. 2 (FPUD-16-18/FP-20-18).
For additional property history see: RZ-13-05 MOD / RZ-13-05 MOD2 / RZ-13-05 MOD3 / DR -
64 -06 / DR -64-06 MOD2 / FPUD-01-07/FP-01-07 / FP -02-07 / FPUD-01-12/FP-01-12 / FPUD-
02-12/FP-04-12 / FPUD-02-13/FP-06-13 / CU-08-13/PPUD-07-13/PP-12-13 / FPUD-05-13/FP-
14-13 I FPUD-04-15/FP-05-15 / FPUD-05-15/FP-06-15 / FPUD-06-15/FP-09-15 / DR -68-13 /
DR -68-13 MOD / DR -68-13 MOD2 /DR -07-14 / DR -06-15 MOD / DR -06-15 MOD3 / DR -06-15
MOD4 / EXT -12-09 / EXT -07-10 / EXT -06-11 / CU-06-17/PPUD-03-17/PP-03-17 / DR -45-17 /
FPUD-04-17/FP-18-17.
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
COMP PLAN
DESIGNATION
Residential Two (up to
two units per acre
maximum)
No Change
Residential Two
South of site Residential Two &
Transitional Residential
East of site
West of site
Residential Two and
Residential Three
Residential Two
ZONING
DESIGNATION
R -2 -DA -P (Residential -2
units per acre planned unit
development with a
development agreement)
No Change
RUT (Rural -Urban
Transition — Ada County
Designation), A -R
(Agricultural -Residential)
and R -2 -DA -P (Residential —
with a development
agreement — PUD).
RUT (Rural -Urban
Transition — Ada County
Designation), R -2 -DA
(Residential with a
development agreement)
R -2 -DA -P (Residential with a
development agreement -
PUD)
RUT (Rural -Urban
Transition — Ada County
Designation) and R -2 -DA
(Residential Two with
development agreement)
RUT (Rural -Urban
Transition — Ada County
Designation)
LAND USE
Legacy Planned Unit
Development
No Change
Single-family dwellings,
pasture, and Lanewood
Estates, Lilac Springs, and
Tannebaum Subdivisions
Single-family dwellings,
pasture, and Lincoln Park,
The Preserve, and Cabra
Creek Subdivisions
Copperfield, The Preserve,
and Senora Creek
Subdivisions
State Highway 16
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: 623.9 -acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter attached to the staff report and incorporated herein by
reference.
I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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J. NON -CONFORMING USES: None are apparent on the site.
K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (A-9-05/RZ-13-
05/CU-12-05/PPUD-13-05/PP-01-06) and their correspondence is attached to the staff report,
dated October 18, 2005:
Ada County Highway District
Central District Health Department
Chevron Pipeline (Andeavor)
Department of Environmental Quality
Drainage District #2
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Joint School District No. 2 (West Ada School District No. 2)
Middleton Mill Ditch Company
L. LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
• The applicant is requesting a modification to the executed development agreement (Instrument No.
2018-030159) to modify the memorandum of agreement (Exhibit H) associated with the construction
of a municipal well. The request is to allow for processing and signature of the final plats associated
with a preliminary planned unit development and preliminary plat application (Snoqualmie River
Subdivision No. 3), three (3) final planned unit development and final plat applications (Snoqualmie
Falls Subdivisions No. 11-13) during the construction of City of Eagle Municipal Well #6.
As part of the second amendment to the memorandum of agreement, the applicant was limited to a
total of 202 residential lots located within the remaining portion of the preliminary plats associated
with Snoqualmie Falls Subdivision No. 6 (final platted as No. 6-9, and Snoqualmie Village
Subdivisions No. 1 and No. 2), Snoqualmie Falls Subdivision No. 10, and Snoqualmie River
Subdivision (Nos. 1-3). The remaining portion of Snoqualmie Falls Subdivision (No. 10) consists of
110 -residential lots and the 3 phases associated with Snoqualmie River Subdivision (No. 1-3) consists
of 200 -residential lots. Staff has confirmed with the City Engineer that based on the declining balance
associated with the capacity of the municipal water system, there is adequate capacity to approve the
final development plan/final plat applications associated with the Snoqualmie Falls Subdivision No. 10
preliminary plat (110 -residential lots) and Snoqualmie River Subdivision Nos. 1-3 (200 -residential
lots) and allow signature of the final plats associated with those approvals prior to the completion of
City of Eagle Municipal Well #6. Based on the fact the municipal water system has adequate capacity
to serve the proposed developments and the new municipal well is currently under construction within
the proposed timeline shown on Exhibit "A" of the Third Amendment To Memorandum of
Agreement, staff recommends the Third Amendment To Memorandum of Agreement be approved.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Based upon the information provided to staff to date, staff recommends approval of the modification to the
executed development agreement (Instrument No. 2018-030159) to modify the memorandum of agreement
(Exhibit H) associated with the construction of the municipal well.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 12, 2019, 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 (other than the
applicants/representatives).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-13-05 MODS for a modification to the executed development
agreement (Instrument No. 2018-030159) to modify the memorandum of agreement (Exhibit H) associated
with the construction of the municipal well.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
13-05 MODS) 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 R -2 -DA -P (Residential -two units per acre planned unit development with a development
agreement) zoning designation is consistent with the Residential Two land use designation
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 indicate at the time of the original application that adequate public
facilities exist, or are expected to be provided, to serve any and all uses allowed on this
property under the proposed zone;
c. The R -2 -DA -P (Residential with a development agreement — PUD) zone is compatible with
the RUT (Rural -Urban Transition — Ada County designation) and R -2 -DA (Residential with
development agreement) zone and land use to the east since those sites (Copperfield, The
Preserve, and Senora Creek Subdivisions) are currently developed at densities similar to the
Legacy Planned Unit Development and the remaining area may be developed with similar
densities;
d. The R -2 -DA -P (Residential with a development agreement — PUD) zone is compatible with
the RUT (Rural Urban Transitional -Ada County designation) zone and land use to the west
since State Highway 16 provides a buffer from the existing land uses to the west and the
remaining area may be developed with similar densities;
e. The R -2 -DA -P (Residential with a development agreement — PUD) zone is compatible with
the RUT (Rural -Urban Transition — Ada County designation), A -R (Agricultural -Residential),
and R -2 -DA -P (Residential with a development agreement — PUD) zones and land uses to the
north since this area is currently being developed with similar densities (Tannebaum,
Lanewood Estates, and Lilac Springs Subdivisions) and the remaining area may be developed
in a similar manner;
f. The R -2 -DA -P (Residential with a development agreement — PUD) zone is compatible with
the RUT (Rural -Urban Transitional — Ada County designation), R -2 -DA (Residential with a
development agreement), and R -2 -DA -P (Residential with a development agreement — PUD)
zones land uses to the south since a portion of this area is currently being developed with
similar densities (The Preserve Planned Unit Development) and the remaining area may be
developed in a similar manner;
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g. The land proposed for rezone modification 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 modification.
DATED this 26(11 day of February 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City Clerk[
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