Findings - CC - 2016 - RZ-03-15 MOD - Da Modificationv '-
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION (DEVELOPMENT
AGREEMENT IN LIEU OF A PUD)
FOR JLG-5, LLLP
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-03-15 MOD
The above -entitled development agreement modification (development agreement in lieu of a PUD)
application came before the Eagle City Council for their action on December 15, 2015. 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:
JLG-5, LLLP, represented by Scott Noriyuki with Northside Management, is requesting a
development agreement modification (development agreement in lieu of a PUD) to modify
Condition of Development #3.8 to permit the applicant to file an alternative method of compliance
application to seek a reduction in the required landscape buffer area width from 35 -feet to 20 -feet.
The buffer area is located within the common lot adjacent to Edgewood Lane. The 7.74 -acre site is
located on the west side of S. Edgewood Lane approximately 1,290 -feet north of E. State Street at
103 S. Edgewood Lane.
This development agreement modification application (rezone) is associated with the preliminary
plat for Crestpoint Place Subdivision, a 43 -unit (42 -new and 1 -existing, 5.42 unit per acre)
residential development. The rezone and development agreement application (in lieu of PUD) was
approved by the City Council in advance of the subdivision preliminary plat.
B. APPLICATION SUBMITTAL:
The rezone modification application was received by the City of Eagle on November 23, 2015.
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
November 30, 2015. 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 November 25, 2015. The site was posted in
accordance with the Eagle City Code on December 4, 2015.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 28, 2015, the City Council approved a Comprehensive Plan Map amendment from
Residential Three to Mixed Use and a rezone from A (Agricultural) to MU -DA (Mixed Use with a
development agreement [in lieu of a PUD]) for JLG-5, LLLP (CPA-03-15/RZ-03-15).
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
COMP PLAN
DESIGNATION
Residential Three
Mixed Use
North of site Downtown
South of site
East of site
West of site
Residential Four
Residential Four
Public/Semi-Public
ZONING
DESIGNATION
A (Agricultural)
MU -DA (Mixed Use with a
development agreement in
lieu of a PUD)
A (Agricultural)
R-4 (Residential)
R-4 (Residential)
PS (Public/Semipublic)
LAND USE
Single -Family Residence
and Agriculture
Single -Family Residential —
PUD
Single-family Residence
and Agriculture
Single -Family Residential
(Empire Estates
Subdivision)
Single -Family Residential
(Edgewood Estates and
Patterson Subdivisions)
School (Eagle Academy)
'°^' F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
G. TOTAL ACREAGE OF SITE: 7.74 -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.
J. NON -CONFORMING USES: None are apparent on the site.
K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (CPA -03-15/ RZ-
03-15) and their correspondence is attached to the staff report and is incorporated herein by
reference:
Ada County Highway District
Eagle Fire Department
L. LETTERS FROM THE PUBLIC: None received to date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• A Comprehensive Plan Map Amendment (CPA -03-15) was approved for the site. The Comprehensive
Plan Map was amended from Residential Three to Mixed Use.
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this land
use designation should be required to proceed through the PUD and/or Development Agreement
process, see specific planning area text for a complete description. An allowable density of up to 20
units per 1 acre.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8 -2A -7(J): Buffer Areas/Common Lots:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions and
multi -family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially dangerous,
high speed roads. The "buffer area" shall be defined as a common lot located between the
residential Tots within the subdivision and the right of way line of the adjacent roadway. This
buffer is required as part of the common area open space owned and maintained by a homeowners'
association. Any landscaping proposed to be within the public right of way shall not be included as
a part of the buffer area required below. The height for berming/fencing, as noted below, shall be
measured from the elevation of the final grade of the adjacent roadway (measured at the centerline)
to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway network
plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four (4)
shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree
may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty
percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three feet
(3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall is to be provided in combination
with the berm, a four foot (4') wide flat area shall be provided for the placement of the
decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted.
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"1
• Eagle City Code Section 8-2A-7 (0): Alternative Methods Of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance is a
procedure that allows certain modifications to existing regulations within this section.
Requests for use of alternative landscaping schemes are justified only when one or more of the
following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can be
provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city with a
written request if an alternative method of compliance is proposed. The request shall state
which requirement as set forth within this section is to be modified, what project conditions
stated within subsection 01 of this section justify using the proposed alternative, and how the
proposed alternative equals or exceeds said requirement.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
^, DISCUSSION:
• The applicant is requesting to modify Condition of Development #3.8 to permit the filing of an
alternative method of compliance application to seek a reduction in the required landscape buffer area
width from 35 -feet to 20 -feet for the portion of the buffer area located along Edgewood Lane. The
applicant indicated within the narrative, date stamped by the City on November 23, 2015, that the
reduction of the buffer area is critical to the success of the project from both a dimensional and useable
open space standpoint. The applicant goes on to indicate that, dimensionally, it will ensure the
buildable lots have enough depth for architectural diversity. Additionally, the applicant states that the
reduction will ensure quality private open space within back yards and provide a higher quality public
open space area located along the western boundary of the development. The Concept Plan provided
by the applicant, date stamped by the City on November 23, 2015, shows the buffer area located
adjacent to Edgewood Lane (as identified on the Concept Plan) to be approximately half the width of
the buffer area shown to be located adjacent to Hill Road. The Transportation/Pathway Network Map
8.1 within the Eagle Comprehensive Plan identifies Edgewood Lane as a collector. Pursuant to Eagle
City Code Section 8-2A-7(J)(4)(a), a minimum thirty-five (35') wide buffer area (not including right-
of-way) is required adjacent to a collector. The buffer areas are to include a minimum five-foot (5')
high berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall,
or combination thereof. The required buffer area is to be located within a common lot.
• The applicant provided a cross section of the proposed buffer area, date stamped by the City on
November 23, 2015, that shows a 31 -foot wide buffer area inclusive of a 20 -foot wide common lot
plus 11 -feet of landscaped right-of-way located adjacent to the proposed subdivision. The cross section
also shows the buffer area (located adjacent to Edgewood Estates Subdivision) across the street at 20 -
feet in width inclusive of a 10 -foot wide common lot and 10 -feet of right-of-way. The applicant
indicated within the narrative, date stamped by the City on November 23, 2015, that they are
committed to providing, "a heightened amount of trees, shrubs, and plantings within the reduced
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buffer area to ensure an alternative style of compliance through the Design Review Board."
If the Council changes Condition of Development #3.8 to permit the applicant to file an alternative
method of compliance application to seek a reduction in the required landscape buffer area width, the
applicant should be required to submit a landscape plan with landscaping commensurate to the
landscaping identified in Eagle City Code Section 8-2A-7(J)(4)(a). In accordance with Eagle City
Code Section 8-2A-7 (0), the applicant should be required to submit an alternative method of
compliance application (with the design review application for the entire project) prior to submittal of
a final plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Staff recommends denial of the requested development agreement modification.
If the Council changes Condition of Development #3.8 to permit the applicant to file an alternative method
of compliance application to seek a reduction in the required landscape buffer area width, staff
recommends Condition of Development #3.8 be modified to read as follows with underline text to be
added by staff and strike through text to be deleted by staff:
3.8 Owner shall submit a design review application showing the required thirty-five foot (35') wide buffer
area located within a common lot adjacent to East Hill Road and tThe required thirty-five foot (35')
wide buffer area located within a common lot adjacent to North Edgewood Lane may be reduced in
width if an alternative method compliance application is approved by the Design Review Board. The
landscaping located within the buffer area shall be commensurate with the landscaping requirements
identified in Eagle City Code Section 8-2A-7(J)(4)(a). The applicant shall submit an alternative
method of compliance application with the design review application for entire project. The alternative
method of compliance application and design review application shall be reviewed and approved by
the Design Review Board prior to submittal of a final plat application.
PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council on December 15, 2015, 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 proposal was presented to the City Council by no one (other than the
applicant/representative).
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-03-15 MOD for a modification to Condition of Development
#3.8, for JLG-5, LLLP, with Condition of Development #3.8 to read as follows with underline text to be
added by the Council and strike through text to be deleted by the Council:
3.8 Owner shall submit a design review application showing the required thirty-five foot (35') wide buffer
area located within a common lot adjacent to East Hill Road_ arid tThe required thirty-five foot (35')
wide buffer area located within a common lot adjacent to Nem Edgewood Lane shall be reduced to
twenty feet (20') in width and plantings that are typically required within a thirty-five foot (35') wide
buffer area be reduced so that the twenty foot (20') wide buffer area is not over planted. Details shall
be provided to the Design Review Board showing that the height of the berm located adjacent to
Edgewood Lane will not create a water drainage impact to the building envelopes. The design review
application shall be reviewed and approved by the Design Review Board prior to submittal of a final
.01111 plat application.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
03-15 MOD) 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 MU -DA (Mixed Use with a development agreement in lieu of
a PUD) is consistent with the Mixed Use land use designation on the Comprehensive Plan Land
Use Map, and
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, to serve all
uses allowed on this property under the proposed zone, and
c. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the A (Agricultural) zone and land use to the north since the subject property is
separated from the property to the north by East Hill Road (collector) and the property to the north
may be developed with a similar use; and
d. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the R-4 (Residential) zone and land use to the south since that area is developed
with a residential subdivision and the proposed development will have a large common area and
two (2) residential lots located adjacent to the southern property line; and
e. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the PS (Public/Semipublic) zone and land use to the west since that area is
developed with a school; and
f. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the R-4 (Residential) zone and land use to the east since the subject property is
separated from the property to the east by South Edgewood Lane (collector) and the property to the
east is developed with a residential subdivision; and
The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. No non -conforming uses are expected to be created with this rezone.
g.
DATED this 12th day of January 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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—,� •......, CIS. , k 1 -
James D. Reynol Mayor 1.1 C O Rp '•.trj ron K. Bergmann, Eagle ity Clerk
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