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CC - Staff Report 11-4 Page 1 HEARING DATE: 11/4/2020 TO: Mayor & City Council FROM: Alan Tiefenbach, Associate Planner 208-489-0573 SUBJECT: H-2020-0096 East Ridge - MDA LOCATION: North side of E. Lake Hazel Rd. between S. Locust Grove Rd. and S. Eagle Rd. in the southeast ¼ of Section 32, Township 3N., Range 1E. I. PROJECT DESCRIPTION Modification to existing Development Agreement (Inst. #2018-052339 to change the lot configuration and home elevations in the R-15 portion of the plat, subdivision amenities, and termination of the first Addendum (Inst. # 2019-021791). II. SUMMARY OF REPORT A. Applicant: Sophia Durham, The Conger Group – 4824 W. Fairview Ave., Boise ID 83706 B. Owner: C4 Land LLC – PO Box 1610, Eagle ID 83616 C. Representative: Sophia Durham, The Conger Group – 4824 W. Fairview Ave., Boise ID 83706 III. STAFF ANALYSIS History: The subject property is approximately 41 acres and was annexed, zoned to R-4 and R-15 and approved in November of 2017 as the East Ridge Estates Subdivision Preliminary Plat (H-2017-0129). The approved project allows the construction of a residential subdivision consisting of one hundred thirty-nine (139) residential lots and seven (7) common lots. A development agreement (Instrument #2018-052339) was recorded as a condition of approval of the annexation and preliminary plat. This development agreement included conditions such as future development being generally consistent with the exhibits in the staff report, prohibitions on direct access from E. Lake Hazel Rd., specifications on building elevations, and required open space and amenities including a clubhouse, sitting areas, and a neighborhood park. During the November 28, 2018 City Council hearing, there was a significant STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 amount of community concern regarding the project. Concerns included traffic, density, existing slopes, height of structures and transition to the surrounding neighborhoods. In 2019, it was discovered concessions that had been presented in a letter by the Applicant to the City Council at the 2017 public hearings to address community concerns had not been included in the original development agreement. The majority of the additional restrictions were in response to requests from the property owner at 2310 E. Lake Hazel (to the west). These restrictions included a height limitation to one-story on the lots which most impacted that adjacent neighbor, wrought iron fencing required along the west property boundary, berming, additional landscaping and increased setbacks along the west boundary. However, there are also restrictions that affect more properties than just 2310 E. Lake Hazel. Some of these include a one-story height limitation and 45’ rear setback for houses on Lots 1-3 of Block 1 (northwestern corner of the site), and a one-story height limitation on all 96 houses in the Village Area (please refer to Exhibit D). In March 2019, the City Council directed staff to record these additional restrictions as an addendum to the development agreement (Inst. # 2019-021791). The Final Plat for Phase One (Impressive East Ridge No. 1) was approved by the Council on July 17, 2019. The majority of homes in this phase have been built. MDA Request: The applicant is requesting to modify the terms of the original agreement (Instrument #2018-052339) and terminate the first addendum (Instrument #2019-021791). The modification to the original DA includes a change to lot configuration, open space, amenities and home elevations approved for the R-15 portion of the development. The termination of the addendum is to eliminate the agreed upon terms discussed during the public hearing between the surrounding neighbors and the developer. Staff has provided analysis on the requested changes as follows: A conceptual final plat was presented that differed from the preliminary plat. UDC 11-6B-3 allows minor changes to a final plat as long as the number of lots is the same or less, and the open space is relocated and not reduced. All these requirements were met; however, the final plat had a configuration that had changed enough that staff believed it did not meet the “generally consistent with the preliminary plat” requirement listed in Section 5.1.b of the original development agreement. Staff’s position was the development agreement should be revised to include this new configuration. In addition to reconfiguration of the plat and proposed removal of the clubhouse, the applicant also notes the individual property owner at 2310 E. Lake Hazel, who had driven much of the development addendum restrictions, had recently sold the property to a developer and the property is now being developed as part of the Lavender Heights Subdivision (H-2020-0009). The applicant requests elimination of the addendum so that the additional mitigation measures will not be required. A. Staff Analysis of the Proposal to Modify Development Agreement (#2018-052339) (Staff response in italics) 1. Reconfiguration of the R-15 zoned lots in the Village portion of the subdivision. 96 senior homes were approved in the Village Area and this number will not change. However, the lot type, setbacks, common driveways and orientation of some of the lots have changed (see Exhibit A). The minimum lot size of some of the lots has decreased slightly because numerous common driveways which were previously part of the lot have been removed and most lots have been reconfigured along private streets. The open space has slightly decreased in Phases 2 & 3, but the open space for the total plat has increased slightly (transferred to Phase One). The Village Area will be developed in two phases, with the first phase consisting of 38 homes. Page 3 Staff supports these changes. There is no increase in number of lots, it is preferable to have houses oriented to streets versus numerous common lots, and the amount of total open space has increased. Staff notes any changes to utilities from the previously approved plan will need to be reviewed and approved by Public Works. 2. Change to Building Elevations The elevations submitted with the preliminary plat and referenced by the existing development agreement represent larger estate homes and duplexes. The applicant proposes to replace the approved elevations with one story patio-type homes with materials and architecture similar to what was approved with the Preliminary Plat. Staff supports this change. The building elevations indicate one story, and architecture and materials are similar to what was approved with the preliminary plat. 3. Removal of Clubhouse Amenity The original amenities approved with the preliminary plat and required with the recorded development agreement include a clubhouse, sitting areas, large common lot, neighborhood park and shade structure. The development agreement states the clubhouse is for usage by the residents of the Village Layout (please refer to Final Plat Exhibit E). The clubhouse is located on Lot 14, Block 2 and is required to be constructed with Phase 2 of the development. The applicant requests to modify Section 5.1.d of the original development agreement to remove the clubhouse from the required amenities. According to the applicant, because of the Covid outbreak and social distancing protocols, potential buyers are no longer interested in indoor gathering areas. The applicant states surveys have shown buyers prefer outdoor amenities over indoor ones. The applicant requests to replace the clubhouse with a dog park, outdoor ramada (shade structure), a water feature and a large open park area. Staff does not support removal of the clubhouse. Staff is not convinced the pandemic associated with the Covid outbreak will result in permanent loss of interest in indoor amenities. Also, the new Village Layout is shown to be an age-restricted community with patio homes and limited yard space. Staff believes the clubhouse serves as an integral component for social gatherings and / or events. Finally, a clubhouse amenity would be accessible year-round, versus outdoor structures that will see limited use in the winter months. B. Staff Analysis to terminate Development Agreement Addendum #2019-021791. The development agreement addendum is comprised of four sections (see Exhibit E). Staff has analyzed each section below to ensure the neighborhood concerns are adequately addressed in the amended development In general, staff is supportive of terminating this agreement in favor of carrying forward certain provisions in the amended agreement. Staff recommended provisions to remain are identified below. 1. Entire Development. This section limits the number of lots, lists the allowed zoning, requires berms along E. Lake Hazel Rd., has limitations on access, requires looping of water infrastructure, and has limits on how grading can occur to the west. Staff supports removal of the entire section. Number of lots has already been established under the preliminary plat, the property has already been zoned, all roads connected to external roads have been constructed, the ownership of the western property has changed and the landscape buffer has already been constructed along E. Lake Hazel Rd. Page 4 2. Village Product Area This section states that along the western boundary (2310 E. Lake Hazel Rd) wrought iron fencing, berming, increased landscaping and 20’ setbacks are required. All properties in the Village Area are limited to 25’ in height and are required to be age restricted. Staff supports removing the requirements in this section that are specific to 2310 E. Lake Hazel Rd. As the property is under different ownership than the property owner who requested most of the restrictions, staff is amenable to all the western-specific requirements of this section being deleted. However, it is staff’s opinion that removing the 25’ height limitation for houses in the Village Product Area could impact properties beyond just the western property. Also, the requirement for age restriction was a significant discussion during the preliminary plat hearings, and age restricted patio homes and duplexes were used as a justification as to why R-15 zoning would be appropriate. Staff recommends the retention of the following restrictions associated with this section: “All product in the Village Area is to be single level with a maximum roof height of 25’” “All product in the Village Area is to be age restricted.” 3. 6 Estate Lots This section states that along the western boundary (2310 E. Lake Hazel Rd) wrought iron fencing, increased trees and shrubs, and a 10’ setback is required. All properties in this section are required to maintain R-4 side setbacks and be single level. A 45’ setback is required for Lots 1-3, Block 1. Staff supports removing the requirements in this section that are specific to 2310 E. Lake Hazel Rd. Also, the property is zoned R-4 so the note regarding R-4 setbacks is unnecessary. However, as only four of the six houses have been constructed and impacts from removing restrictions could impact other surrounding properties (such as the ones in Blackrock Subdivision No 1.) staff recommends retention of the following restrictions associated with this section: “All 6 lots to be single level with a maximum roof height of 25 feet. Rear setbacks for Lots 1-3 and 18-20 Block 3 of Impressive East Ridge Subdivision No 1 shall be 45 feet.” 4. Rim Estate Lots This section requires adhering with the site plan approved by Council on November 13, 2017, increased rear setbacks of 45 feet and side yard setbacks of 7.5 feet for Lots 6-23 of Block 1. Staff only supports removal of the requirement regarding adhering with the site plan as the property is already platted. The remainder of the restrictions pertain to the lots on the east portion of the property. Some of these lots are still vacant and abut the neighboring Sky Mesa Highlands (H- 2019-0123) to the west. Page 5 IV. DECISION A. Staff: 1. Staff recommends the City Council approve the termination of Development Agreement Addendum Inst. # 2019-021791. 2. Staff recommends the City Council approve the following amendment to Development Agreement #2018-052339 as follows: 5.1.b Future development of this site shall be generally consistent with the lot layout preliminary plat and building elevations depicted in Exhibit A of the Staff Report attached to Exhibit “B”, Findings of Fact Conclusions of Law, and the revisions noted in the staff report. The Village area of the plat (zoned R-15) shall comply with revised lot layout, open space and building elevations contained in this staff report. 5.1.d No change - Staff recommends the clubhouse remains as a required amenity for the development. 3. Add the following new DA provisions: All product in the Village area (zoned R-15) to be single level with a maximum roof height of 25 feet. • All product in the Village Area (zoned R-15) is to be age restricted. • Lots 1-3 and 18-20, Block 3 of the Impressive East Ridge Subdivision No. 1 are to be single level with a maximum building height of 25 feet. • Rear setbacks for Lots 1-3, Block 3 of the Impressive East Ridge Subdivision No. 1 shall be 45 feet as measured from the north property line. • Rear setbacks for Lots 6-23, Block 3 of the Impressive East Ridge Subdivision No. 1) shall be 45 feet. • Side yard setbacks for Lots 6-23, Block 3 of the Impressive East Ridge Subdivision No. 1 shall be 7.5 feet. Page 6 5. EXHIBITS A. Approved Preliminary Plat and Proposed Configuration for Phase 2 (date 10/23/20) Page 7 B. Proposed Plat Modification Showing Area of Next Phase (date: 10/23/2020) Page 8 C. Approved Preliminary Plat Landscape Plan Showing Clubhouse Area (Date 11/28/17) Page 9 D. Open Space Exhibits by Phase (Date: 10/23/20) Proposed Phase 2&3 Open Space Exhibit Page 10 E. Approved Final Plat for Impressive East Ridge Subdivision No 1. (date: 7/17/2018) (Marked up to show areas referenced by Development Agreement Addendum) Page 11 F. Approved Elevations for Village Area from Preliminary Plat (date: 11/28/2017) Page 12 G. Proposed Elevations for Village Area (date: 10/27/20 Page 13 H. Development Agreement #2018-052339 - (date: 6/5/2018) Page 14 I. Development Agreement Addendum #2019-021791 (date: 3/19/2019) (Staff supports DA being terminated, but recommends retention of red items in amended DA.)