Findings - CC - 2016 - RZ-01-07 MOD2 - Da ModBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION FOR DAVID CALLISTER
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-01-07 MOD2
The above -entitled development agreement modification application came before the Eagle City Council for
their action on May 10, 2016. 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:
David Callister is requesting a modification to the development agreement (Instrument #109089345)
associated with the previously approved Adonai Subdivision to remove Article 8.7 (Termination
clause). The 5.70 -acre site is located on the east side of Park Lane Road approximately 1,200 -feet
south of Beacon Light Road at 2440 North Park Lane.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on April 20, 2016.
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 April 25, 2016.
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 April 22, 2016. The site was posted in accordance with the Eagle City Code on
April 29, 2016.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 26, 2007, the City Council approved an annexation, rezone with development agreement,
and preliminary plat for Adonai Subdivision. (A-01-07/RZ-01-07 & PP -01-07)
On June 24, 2008, the Eagle City Council approved a development agreement modification for the
rezone associated with Adonai Subdivision. (RZ-01-07 MOD)
On July 15, 2008, the Eagle City Council approved a preliminary plat extension of time for Adonai
Subdivision to be valid until June 26, 2009. (EXT -12-08)
On June 9, 2009, the Eagle City Council approved a preliminary plat extension of time for Adonai
Subdivision to be valid until June 26, 2010. (EXT -07-09)
On June 10, 2009, the development agreement was executed.
On June 23, 2009, the Eagle City Council approved Ordinance No. 625 to annex and rezone the
property associated with Adonai Subdivision.
On August 10, 2010, the City Council approved a preliminary plat extension of time for Adonai
Subdivision to be valid until June 26, 2011. (EXT -04-10)
On June 27, 2011, the preliminary plat for Adonai Subdivision expired.
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' E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION
Existing Residential Two
No Change
North of site Residential Two
Proposed
South of site Residential Two
East of site Residential Two
RUT (Rural Urban
Transition — Ada County
designation)
R -2 -DA
RUT (Rural Urban
Transition — Ada County
designation)
R1 (Ada County
designation)
RUT (Rural Urban
Transition — Ada County
designation)
West of site Residential Two R1 (Ada County
designation)
LAND USE
Agriculture
Single family residential
(1.7 -units per acre with
development agreement)
Single family residential,
agriculture
Single family, residential
(Puffin Park Subdivision)
Agriculture
Single family residential
(Ripcord Ranch
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 7.5 -acres (approximate)
I. APPLICANT'S STATEMENT OF JUSTIFICATION OF A MODIFICATION TO THE
DEVELOPMENT AGREEMENT:
See applicant's justification letter date stamped by the City on April 20, 2016, (attached to the staff
report).
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The information provided at the time of preliminary plat from the agencies having jurisdiction over
the public facilities necessary for the site indicated that adequate public facilities exist, or were
required to be provided, to serve both residential and commercial uses on this property under the
proposed zone.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
L. 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.
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M.
AGENCY RESPONSES:
The following agencies previously responded to the original application for an annexation, rezone,
and preliminary plat (A-01-07/RZ-01-07 & PP -01-07) and their correspondence are attached to the
staff report dated May 21, 2007.
Ada County Highway District
Central District Health Department
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
N. LETTERS FROM THE PUBLIC: None
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: (None)
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
frai•N REGARDING THIS PROPOSAL:
8.6 Effective Date. This Development Agreement shall be effective upon the signing and execution of
this agreement by both parties.
8.7 Termination. This agreement terminates upon completion of Conditions of Development or after 7 -
years after the Effective Date, whichever occurs first.
DISCUSSION:
• The applicant is requesting to remove the termination article (Article 8.7) from the executed development
agreement (Ada County Instrument #109089345). Article 8.7 states, "This agreement terminates upon
completion of Conditions of Development or after 7 -years after the Effective Date, whichever comes
first." The Effective Date, as defined in the development agreement, is the date that both parties execute
(sign) the development agreement. The development agreement was signed by the applicant on June 9,
2009, and by the City of Eagle mayor on June 10, 2009. To date, the conditions of development have not
been completed and, if they remain incomplete, the development agreement will terminate on June 10,
2016.
The applicant has recently purchased the property for the purpose of developing residential lots. The
preliminary plat associated with the subject site expired in 2011. If the development agreement
modification is approved, the applicant will be permitted to submit a new preliminary plat application
that reflects the aforementioned expired Adonai subdivision which reflects the concept plan associated
with the executed development agreement.
• The executed development agreement contains a condition ("Condition on Development") related to
maximum density and a condition related to the provision of pressurized irrigation. Staff supports the
,^, continuation of these conditions within the modified development agreement.
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/0"N STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
development agreement modification.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on May 10, 2016, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (other than the
applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-01-07 MOD2 for a development agreement modification for David
Callister, to remove the termination article (Article 8.7) from the development agreement.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-01-07 MOD2)
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 requested zoning designation of R -2 -DA (Residential 1.7 -units per acre maximum with a
Development Agreement) is in accordance with the Residential Two classification 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 indicate that adequate public facilities exist, or are required to be provided, to serve a single-
family dwelling residential subdivision on this property under the proposed zone;
c. The proposed R -2 -DA (Residential 1.7 -units per acre maximum with a Development Agreement) is
compatible with the R-1 (Residential, up to one units per acre) zone and land use to the south since
that area is buffered from the proposed development by Tobasco Trail Road;
d. The proposed R -2 -DA (Residential 1.7 -units per acre maximum with a Development Agreement) is
compatible with the RUT (Rural Urban Transition, Ada County designation) zone and land use to the
east since that area has the same Comprehensive Plan designation as this site;
e. The proposed R -2 -DA (Residential 1.7 -units per acre maximum with a Development Agreement) is
compatible with the R1 (Ada County designation) zone and land use to the west since that area has
the same Comprehensive Plan designation as this site;
f. The proposed R -2 -DA (Residential 1.7 -units per acre maximum with a Development Agreement) is
compatible with RUT (Rural Urban Transition) zone and land use to the north since that area has the
same Comprehensive Plan designation as this site;
g. 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 will be created with this rezone.
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DATED this 20 day of May 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
.Cid-cA�� 8
Sharon K. Bergmann, Eagle C y Clerk
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