Findings - CC - 2004 - A-5-04/RZ-5-04/CU-5-04/PPUD-2-04/PP-4-04 - A/Rz From Rut To Bp-P/Cup/Ppud/Pp/Optimist Business Park/9.81 Acre/17 Lot
ORIGlf'\JÀL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR AN
ANNEXA TION AND REZONE FROM RUT (RURAL
URBAN TRANSITIONAL) TO BP-P (BUSINESS PARK
PUD) A CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN AND PRELIMINARY PLAT
FOR OPTIMIST BUSINESS PARK PLANNED UNIT
DEVELOPMENTFORJADELLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-5-04/RZ-5-04/CU-5-04/PPUD-2-04/PP-4-04
The above-entitled annexation, rezone, conditional use permit, preliminary development plan, and
preliminary plat applications came before the Eagle City Council for their action on August 10, 2004, and
October 26, 2004. 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:
Jade LLC, represented by Land Consultants Inc., is requesting an annexation and rezone
from RUT (Rural Urban Transition) to BP-P (Business Park PUD), conditional use
permit, preliminary development plan, and preliminary plat approvals for Optimist
Business Park planned unit development. The 9.81-acre, 17-lot (IS-buildable, 2-common)
commercial subdivision is located south of Hill Road and on the west side of Horseshoe
Bend Road at 9551 & 9555 Horseshoe Bend Road.
B.
APPLICA nON SUBMITTAL:
The applications for this item were received by the City of Eagle on May 6, 2004.
C.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on June 7, 2004. 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 June 1, 2004. Requests for agencies' reviews were transmitted on May 7,2004,
in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on July 26, 2004, and October 11, 2004. 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 July 21, 2004, and October 7,2004.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
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E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Business Park RUT (Rural Urban Single-family residences &
Transition - Ada County Pasture
Designation)
Proposed No Change BP-P (Business Park PUD) Commercial PUD
Development
North of site Business Park RUT (Rural Urban Single-family residence &
Transition - Ada County Pasture
Designation)
South of site Business Park RUT (Rural Urban Single-family residence &
Transition - Ada County Pasture
Designation)
East of site Not within Eagle Area of RUT (Rural Urban Single-family residence &
Impact Transition - Ada County Pasture
Designation)
West of site Residential Four (up to 4- R-4 (Residential) SH 55 & Great Sky
units per acre max.) Subdivision
G.
SITE DATA:
Total Acreage of Site - 9.81
Total Number of Lots - 17
Residential - 0
Commercial - 15
Industrial - 0
Common - 2
Total Number of Units - 0
Single-family -0
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre N/A N/A
Minimum Lot Size 0.25-acres (11,100 sq. ft.) N/A
Minimum Lot Width 70-feet (approx.) 25-feet
Minimum Street Frontage N/A N/A
Total Acreage of Common Area . 16-acres (6,970 sq. ft.) N/A
Percent of Site as Common Area .02% (approximately) Each individual pad site is required to
be developed with a minimum of 10%
landscaping
H.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Because this is a commercial subdivision located within the BP zoning district, a
minimum amount of open space is not required. However, a minimum of 10% of
landscaping (the sum of all the lots combined) will be required throughout the site,
pursuant to Eagle City Code Section 8-2A-7 (B) (2).
No greenbelt areas have been proposed for the development nor are any shown on the
Comprehensive Plan TransportationlPathway Network Map #1 of 2.
The site is required to be provided with landscape screening for outdoor storage areas,
trash receptacles, exposed equipment, and to provide off-street parking pursuant to Eagle
City Code.
Storm Drainage and Flood Control:
Street drainage plans shall be submitted by the applicant as required by the Subdivision
Ordinance. Specific drainage system plans are to be submitted to the City Engineer for
review and approval prior to the City Engineer signing the final plat. The plans are to
show how swales, or drain piping, will be developed in the drainage easements. Also, the
CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - no
Preservation of Existing Natural Features:
The parcel has existing trees located mainly around the existing single-family dwelling
and accessory structures. Eagle City Code Section 9-3-8 (B) states that existing natural
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features which add value to residential development and enhance the attractiveness of the
community (such as trees, watercourses, historic spots and similar irreplaceable assets)
shall be preserved in the design of the subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
I.
STREET DESIGN:
Private or Public Streets: Public
The applicant will construct one public roadway (Harley Street) into the subdivision from
Horseshoe Bend Road. The 40-foot wide street section is to be constructed within sixty-
two feet of right-of-way, with five-foot (5') wide concrete sidewalks separated from the
back of curb by a five-foot wide landscape strip along both sides of the roadway. At
approximately one-thousand feet (1000') feet west of Horseshoe Bend Road, Harley Street
intersects with Davidson A venue, which stubs to the parcels located both north and south
of the subject site.
Vertical curb and gutter are to be constructed along Horseshoe Bend Road abutting this
site.
Applicant's Justification for Private Streets (if proposed): None proposed.
Blocks Less Than 500': No
Cul-de-Sac Design: None proposed.
Lighting:
Lighting for the public streets is required. Location and lighting specifications shall be
provided to the City Zoning Administrator prior to the City Engineer signing the final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
J.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Five-foot (5') wide concrete sidewalks are to be constructed along both sides of the
internal streets, separated from the back of curb by a five-foot wide landscape strip. A
five-foot (5') wide meandering concrete sidewalk is to be constructed along Horseshoe
Bend Road abutting the eastern boundary of the site.
K.
PUBLIC USES PROPOSED: None proposed.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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M.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish - no
Floodplain - no
Floodway - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife - no
N.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required.
O.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments which appear to be of special concern are noted below:
City Engineer: All comments within the City Engineer's letter dated June 3, 2004, are of special
concern and are incorporated herein by reference.
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power
P.
LETTERS FROM THE PUBLIC: None received to date
Q.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant states in the narrative that the site is to develop in one (1) phase, with
construction anticipated to begin within 2 years.
R.
EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
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3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and [ITe protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cases of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
IS. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
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For a request of up to 10% of the gross land area to be directed to uses other than residential
(i. e." commercial, industrial, public and quasi public uses that are not allowed in the land use
district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
In cases where an increase in residential density of up to 15% of the allowable number of
dwelling units is requested:
22. LANDSCAPING - For up to 5%
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of
existing landscape, pedestrian way treatment, and recreational areas, incorporated into this
development, exceed that of a non PUD development.
23. SITING - For up to 5%
That the quality of the designs for visual focal points, use of existing features such as
topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation
pattern, physical environment, variation in building setbacks, and building grouping (such as
clustering), incorporated into this development, exceed that of a non PUD development.
24. DESIGN FEATURES - For up to 5%
That the quality of the designs for street sections, architectural styles, harmonious use of
materials, parking areas broken by landscaping features, and varied use of housing types,
incorporated into the development, exceed that of a non PUD development.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Business Park
Suitable primarily for the development of technical park/research and development facilities,
offices and office complexes, and limited manufacturing activities, including small-scale
production, distribution, and storage of goods. Support activities may also be permitted.
All development within this land use shall be designed to be within a landscaped setting and be
free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Such
development should be operated entirely within enclosed structures and generate minimal
industrial traffic. Development within this land use designation should be required to proceed
through the PUD process.
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Chapter 5 - Economic Development
5.4
Objective
To preserve the economic integrity of the Central Business District (CBD) and to
encourage business and industry that have minimal environmental impact.
5.5
Implementation Strategies
f.
New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural identity.
h. Promote additional employment opportunities and expand the economic base by a)
encouraging growth and expansion of existing businesses and industry and b)
attracting additional business and industry so residents will be provided with adequate
commercial services and facilities.
Chapter 12 - Community Design
12.3
Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents to
Eagle. City entryways include State Highways 44 (State Street and Alternate Route) and
55 (Eagle Road). These entrances with their landscaping (or lack thereof), commercial
signage and building character provide the flfSt, and oftentimes the most lasting
impressions of the entire community. The City of Eagle has the responsibility to guide
development and redevelopment that occurs along these entryway corridors.
Design review procedures should guide future development and redevelopment of existing
uses. Depending on land uses and buildings, more extensive landscaping and fewer points
of access may be required. The design review process will afford the opportunity to
address the special features of each property and facility in a manner that will best address
the overall intent of enhancing Eagle's entryways. Eagle's entrance corridors may take on
the look of berms built adjacent to the Banbury and Lexington Hills Subdivisions.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2-1 BP BUSINESS PARK DISTRICT:
To encourage the development of technical park/research and development facilities,
offices and office complexes, and limited manufacturing activities including small scale
production, distribution and storage of goods. Support activities may also be permitted.
All development within this district shall be designed to be within a landscaped setting,
and be free of hazardous or objectionable elements such as noise, odor, dust, smoke or
glare. Such development shall be operated entirely within enclosed structures, and
generate minimal industrial traffic. All development requiring a conditional use permit in
the BP zoning district, as shown in section 8-2-3 of this chapter, shall occur under the
PUD and/or development agreement process in accordance with chapter 6 or 10 of this
title unless the proposed development does not meet the area requirements as set forth in
section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
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adjacent parcels (to meet the minimum area requirements), shall be encouraged.
Otherwise a conditional use permit shall be required unless the proposed use is shown as a
permitted use in the BP zoning district within section 8-2-3 of this chapter.
.
ECC Section 8-2A-6 (A)(1)
Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent
streets, provide for the pedestrian, and provide appropriate, safe parking lot design.
Special review items should include:
a. The functional relationship of the structures and the site in relation to its
surroundings;
b. The impact and effect of the site development plan on traffic conditions on
contiguous streets and adjoining properties or neighborhoods;
c. The site layout with respect to separation or integration of vehicular, pedestrian
and bicycle traffic patterns;
d. The arrangement and adequacy of off street parking facilities relative to access
points, building location and total site development to prevent traffic conflict
or congestion;
e. The location, arrangement and dimensions of truck loading ramps, docks, and
bays and vehicle service facilities;
f. The access, parking lot, and interior roadway illumination plans and hours of
operation;
g. The required driver, pedestrian and bicycle sight distance requirements of the
project and their relationship to adjacent streets, driveways and properties;
h. The coordination of the site development with planned right of way alignments,
acquisitions and street improvements;
i. The graphic delineation of traffic circulation patterns to avoid confusion,
congestion and conflicts;
j. The continued maintenance of traffic, parking and lighting systems;
k. The protection of views and vistas in relation to urban design and aesthetic
considerations;
.
ECC Section 8-2A-7 (B)(2) states in part that:
Landscaping shall cover a minimum of ten percent (10%) of the property on all
commercial developments.
.
ECC Section 8-2A-7 (J)(2)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with
any commercial or industrial activity, and off-street loading when adjacent to or in view
from a residential activity or public street right of way, a five-foot (5') wide by six foot (6')
high landscaped buffer is required.
.
ECC Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS":
It shall be the policy to guide a major development of land and construction by
encouraging planned unit development (PUD) to achieve the following:
A. A maximum choice of living environments by allowing a variety of housing and
building types and permitting an increased density per acre and a reduction in lot
dimensions, yards, building setbacks and area requirements;
B. A more useful pattern of open space and recreation areas and, if permitted as part of the
project, more convenience in the location of accessory commercial uses, industrial uses
and services;
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C. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, trees and other vegetation and prevents the disruption of natural
drainage patterns;
D. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
E. A development pattern in harmony with land use density, transportation and community
facilities objectives of the Comprehensive Plan.
.
ECC Section 8-6-4: USES PERMITTED:
All uses that may be allowed within the land use district are permitted within a PUD.
Also, up to ten percent (10%) of the gross land area may be directed to other commercial,
industrial, public and quasi-public uses that are not allowed within the land use district;
provided, that there is a favorable rIDding by the Council:
A. That the uses are appropriate with the residential uses;
B. That the uses are intended to serve principally the residents of the PUD;
C. That the uses are planned as an integral part of the PUD;
D. That the uses be located and so designed as to provide direct access to a
collector or an arterial street without creating congestion or traffic hazards; and
E. That a minimum of fifty percent (50%) of the residential development occur prior to the
development of the related commercial or industrial land uses.
.
ECC Section 8-7-3-5: CONDITIONAL USE PERMIT:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may
be attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
WHICH
OF
SPECIAL CONCERN
C. SUBDIVISION ORDINANCE PROVISIONS
REGARDING THIS PROPOSAL:
ARE
.
ECC Section 9-3-2-1 (C) stub streets:
Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions
shall be such that said streets extend to the boundary line of the tract to make provisions
for the future extension of said streets into adjacent areas, and shall have a cul-de-sac or
temporary cul-de-sac. A reserve street may be required and held in public ownership.
D. DISCUSSION:
.
.
The Comprehensive Plan's Land Use Map designates this site as Business Park.
Eagle City Code requires that upon the development of a property and use that requires a
conditional use permit within the BP (Business Park) zoning district, the application must be
administered through the PUD and/or development agreement process. However, since this site
does not meet the minimum acreage requirement of ten (10) acres to qualify for a PUD, the
conditional use process is to be utilized unless the proposed use is shown as a permitted use in the
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BP zoning district within Section 8-2-3 of Eagle City Code. However, because of the nature of
this project, staff believes that the application should proceed through the planned unit
development process. A goal of the BP zoning district is to ensure that new development is
compatible with both existing and future development, to be located within a landscaped setting,
and be free of hazardous or objectionable elements such as noise, odor, dust, smoke or glare. A
second purpose is to ensure that properties come together in a coordinated and well-balanced
manner that promote a design character that is in keeping with an intended theme of the City.
While uses that are shown as permitted uses may have previously been deemed acceptable in the
BP zone (pursuant to the "Official Schedule of District Regulations"- ECC Section 8-2-3) the site
may not grow in a synchronized manner and an overall style of the development may be
diminished. The PUD process would not only establish a desired end result of the project at full
buildout, it would also provide the development with opportunities to provide for a variety and
mixture of uses to create a vibrant and sustainable commercial center. It should be stated that the
preliminary plat and conditional use processes allow for the City to set conditions that require that
the development be built in conformance with the previously discussed goals and objectives.
Additionally, ordinances within Eagle City Code require a development to meet certain standards
and maintain those standards in order for a conditional use permit to remain valid.
It should also be emphasized that the Design Review process will playa vital role in assuring that
as the development is built, a common theme among all the structures and landscaping will be
maintained.
.
Eagle City Code Section 8-6-4 (as noted above) allows a PUD to direct up to ten percent (10%) of
the gross land area to other commercial uses that are not allowed within the land use district;
provided however that there are favorable findings made by the Council. For this particular site,
that would equate to .98-acres of the site to accommodate commercial uses not usually permitted
in the BP zoning district. The applicant has proposed the following uses to be considered for the
10% allowance:
0 Automotive gas station/service shop
0 Automotive storage
0 Clinics
0 Convenience store without fuel service
0 Convenience store with fuel service
0 Food and beverage sales
0 Limited retail sales
Staff suggests that large scale automobile storage and fuel sales are intensive uses that are not
appropriate for the area since the majority of the area surrounding the subject site remains
undeveloped (commercially), and that automotive gas station/service shop, automotive storage
and fuel sales be prohibited within the development. Staff will defer to the Planning and Zoning
Commission and the City Council for discussion on any additional allowed or restricted uses.
.
Because this site is located adjacent to State Highway 55 (considered a major entry into the City),
the design and function of the site should be a major consideration. Uses that promote or require
a large amount of outdoor storage tend to detract from the landscaping and architectural elements
incorporated into the design of a site; the first sight a passerby sees are stacked or overstock items
awaiting assembly and sale, the character and design of the site is merely secondary. While
outdoor display is, of course, a marketing tool used to attract customers, staff believes that display
areas can be designed to be incorporated into the building itself rather than placed on the site as an
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afterthought. The display of items such as automobiles or recreational vehicles should be
permitted, provided that the display area is located adjacent to the building and designed in a
manner that gives the appearance that the display area is an extension of the building, such as
within a plaza-type setting.
.
Regarding required findings "A" through "E" within the above referenced code staff has the
following opinion (shown in italics):
A. That the uses are appropriate with the residential uses;
No residential uses are proposed with this development.
B. That the uses are intended to serve principally the residents of the PUD;
This does not apply since there are no residences proposed within the
development since the principal use of the PUD is commercial.
C. That the uses are planned as an integral part of the PUD;
The site shall be designed to provide a coordinated and well-balanced
architectural theme and variety of uses to promote a sustainable commercial
development.
D. That the uses be located and so designed as to provide direct access to a collector or an
arterial street without creating congestion or traffic hazards;
The site will be constructed with a local road that intersects with Horseshoe Bend
Road, which has been designated as an urban collector.
E. That a minimum of fifty percent (50%) of the residential development occur prior to the
development of the related commercial or industrial land uses.
This does not apply since there are no residences proposed within the
development.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval of the annexation, rezone, conditional use permit, preliminary
development plan and preliminary plat with the site specific conditions of approval and the
standard conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on June
28, 2004, at which time testimony was taken and the item was continued to July 6, 2004. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by one (1) individual who stated their property (directly north of the subject site) is not for sale and
they will not be moving, that they do not want a business park next to them, and that Hill Road
Horseshoe Bend Road cannot handle the additional traffic.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(other than the applicant/representatives).
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COMMISSION DECISION:
The Commission voted 4 to 0 (Bandy absent) to recommend approval of A-5-04/RZ-5-04/CU-5-
04/PPUD-2-04/PP-4-04 for a rezone upon annexation, conditional use permit, preliminary
development plan, and preliminary plat for Optimist Business Park planned unit development with
the site specific conditions of approval and standard conditions of approval shown within their
Findings of Fact and Conclusions of Law document, dated July 19,2004.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 10, 2004, at which
time testimony was taken and the application was withdrawn by the applicant. A second public
hearing was noticed for October 26, 2004, 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 this proposal was presented to the City Council by one (1) individual
who stated that they do not want a business park next to them, and that Hill Road and Horseshoe Bend
Road cannot handle the additional traffic.
C. Oral testimony in favor of this proposal was presented to the City Council by one (1) individual (not
including the applicant/representative) who represents a buyer for the property to the south of this
development and believes the development is a good project for the area.
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve A-5-04/RZ-5-04/CU-5-04/PPUD-2-
04/PP-4-04 for a rezone upon annexation, conditional use permit, preliminary development plan,
and preliminary plat for Optimist Business Park planned unit development with the following
Planning and Zoning Commission recommended site specific conditions of approval and standard
conditions of approval with underlined text to be added by the Council and strikethrough text to be
deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Comply with all site specific recommendations provided within the City's Engineering firm's
(Holladay Engineering) letter dated June 3, 2004.
2.
Comply with all conditions of the Ada County Highway District report, including but not limited to
the construction of curb, gutter and a five-foot (5') meandering concrete sidewalk along Horseshoe
Bend Road.
3.
The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot on the side lot lines, or as approved by the Design Review
Board. The trees shall be located in the 5-foot wide landscape strip between the 5-foot wide concrete
sidewalk and the curb. Prior to the City Clerk signing the final plat, the applicant shall either install
the required trees, sod, and irrigaIion or provide the City with a letter of credit for 150% of the cost of
the installation of all landscape and irrigation improvements within the 5-foot wide landscape strip.
Trees shall be installed prior to obtaining any occupancy permits for the buildings.
4.
The street configuration shall remain substantially as shown on the preliminary development plan as
submitted to the City with this application.
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5.
The applicant's property shall become annexed into the Eagle Sewer District's service boundaries and
shall comply with all applicable Eagle Sewer District regulations and conditions prior to approval of
any final development plan and final plat for this site.
6.
Building placement shall be designed such that parking areas can be located, but not concentrated
between the buildings and State Highway 55. The side of any buildings facing State Highway 55
shall be designed with architectural elements to provide variety and relief to expansive walls, as may
be approved by the Eagle Design Review Board.
7.
The applieaDt shall keep aDd maiBtaiB for Hse 08 the property saeh irrigatioB water rights as are
reasonably reqliÍfed iB order to f:lrovide a pr-essHrií3ed irrigatioR system. or system.s For alllaDdseafled
areas OR the property. IR tHe eveRt that the applieaat desires to traRsf.er, sell or eORyey for
consideratioFl asy m,eess 'water rights (that is, water rights BOt Reeessary to provide aD adeqaate SOHr-ce
of irrigatioR "vater for the laFldseaped areas os the property), the applicaRt shall fI:rst sHbm.it to Eagle
reasoBable writt-eR eyideBce of aD agreem.e8t to plirchase saià water rights aDd the price aDd complete
terms agreed to be paid therefore. The City of Eagle shall have sixty (60) days after reeeipt of said
Rotice ',vithiR whieh to elect, is "vritiBg, to plir-ehase sHeh ',vater rights HpOR the same teræs ',vhÎeh the
applicaRt is to recei':e from. said third party pHrchaser, whereHpOR the ,,"ater rights shall be sold to
Eagle OR sHell. term.s aRd eoRditioss, each party beiRg boliRd tHer-eby. lR the eveRt Eagle shall sot have
gives writteR Rotice of its iBtest to pHr-ehase tHe water rights withiR the said sixty (áO) day period, the
first right of reflisal cr.eated Her-eby shall teræisate aDà the applicaDt shall be eRtitled to sell its '.vater
rights free of allY right or elaim. of right by the City of Eagle.
The applicant shall provide a Water Rights First Right of Refusal Agreement to the City for review
and approval by the City Attorney. After review and approval by the City Attorney and the Eagle City
Council. said agreement shall be executed and recorded in the Ada County Recorder's Office prior to
the City Clerk signing the final plat.
8.
The entire Optimist Business Park development shall remain under the control of one association of
lot owners. CC&Rs for the Optimist Business Park Owners' Association shall provide that the
association shall have the duty to maintain and operate all of the common landscape areas (including
landscaping within rights-of-way for State Highway 55 and Horseshoe Bend Road) in the subdivision
in a competent and attractive manner, including the watering, mowing, fertilizing and caring for
shrubs and trees (including landscape strips between the sidewalk and curb). The applicant shall place
a note on the final plat that all common lots are to be owned and maintained by the Optimist Business
Park Owner's Association. The applicant shall provide a copy of the CC&R statement regarding the
common lots, for review and approval prior to the City Clerk signing the final plat.
9.
Display of goods for sale may be located between buildings and the adjacent road rights of way.
Display-area design shall be harmonious with the lot's site layout and building design. Materials,
supplies, equipment or storage items, may be stored between buildings and State Highway 55 if
landscaped, fenced or otherwise properly screened to prevent view from State Highway 55 and
pursuant to the review and approval of the Design Review Board. The Comm.issioR r-eqHests that the
Design Review Board shall pay particular attention to the type of items to be displayed for sale when
considering the appropriate design and screening methods for each application. Construction
materials shall not be permitted to be displayed outdoors for sale.
10. All buildings on lots contiguous to the State Highway 55 right-of-way shall be designed and
constructed with architectural features and materials that enhance the entry corridor into the City.
Metal buildings may be permitted if determined to comply with Eagle City Code Section 8-2A-6 (B).
Architectural elevations and materials for all buildings shall be reviewed and approved by the Design
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Review Board prior to issuance of any building permits. All buildings shall comply with the
architecture styles found in the Eagle Architecture and Site Design (EASD) book. Architectural styles
not shown within the EASD book will not be considered.
11. All existing buildings that will interfere with the proposed roadways or lot lines shall be removed from
the site prior to the City Clerk signing the final plat. A demolition permit shall be obtained from the
City prior to the removal of said buildings.
12. All healthy trees (as determined by the City Forester) shall be preserved and integrated into the design
of the development, or shall be replaced, or shall contribute to the City's tree fund as outlined within
Eagle City Code Sections 8-2A-7-Cl and 8-2A-7-"0"-3 respectively. A landscape plan showing how
the trees will be integrated into the open space areas and the non-buildable area on any lot shall be
provided for Design Review Board approval prior to the submittal of a final development plan and
final plat.
13. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
14. Final development plans shall be reviewed as "New Business" items and not as "Public Hearing"
items unless the City determines that any difference between the preliminary development plan and
final development plan needs additional public comment because of possible impacts to surrounding
property owners, to this development, or to the community, or inconsistency with the conditions
herein. If the City determines that a public hearing shall be held on the final development plan, notice
shall be provided for (as was required for the preliminary development plan).
15. If a sewer lift station is required by the Eagle Sewer District, the lift station shall be screened from
view from adjacent residences as well as passing pedestrians and motorists. Building materials
proposed for the station enclosure and planting details for screening the structure shall be submitted
for review and approval by the Design Review Board prior to the submittal of a final development
plan and final plat.
16. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of a final development plan and final plat. Street lighting
may be in the five-foot (5') wide landscape strip between the five-foot (5') wide concrete sidewalk
and the road right-of-ways. The plans shall show how the streetlights will facilitate the "Dark Sky"
concept of lighting. The Com:m-issioR røql:iests that the DesigH Reyie\',' Boai'd r-eql:iir-e tHe at'pliøaBt to
il'lstall shielàeà lightil'lg similar to that eoBstmeteà wÏthiR tHe Eagle PromeRade SHofJpiRg CøRter aRà,
consider søttiRg limits OR the aOl:ifS Hiat sigHs may he illl:imÎRateà.
17. All uses shown as permitted or conditional uses under the BP (Business Park Distinct) zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District Use Regulations"
shall be considered permitted uses with the approval of this PUD except that the following uses shall
be prohibited:
0
Animal shows or sales, except when considered a secondary feature/portion of the
primary business
Cemetery
Detention facility
Drive in theater
0
0
0
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0
0
Mobile office
Public Service Facilities
18. As provided for within Eagle City Code Section 8-6-4, up to 10% (approximately .98-acres) of the
land area within the planned unit development (PUD) may be used for the following uses:
0
0
0
0
Clinics
Convenience store without fuel service
Food and beverage sales
Retail sales (however, this does not apply to merchandise sales already permitted in
the BP zoning district)
19. SerlÌee àrivewa)'s to the buildiBg sites faemg the read rights ef ',va)' shall Be desigBed 10 mædmize
the laadscapiBg aÐuttiBg the ÐuildiBgS without eomf)romÎsiBg fuBetioB aad utility. Landscaping shall
be provided to screen service driveways from adjacent properties. All lots and buildings shall be
configured so as to screen any and all loading areas and trash enclosures from view as seen from
residential uses or public roadways. Screening materials and location of the loading docks and trash
containers shall be reviewed and approved by the Design Review Board prior to issuance of any
building permits.
20. Useable common area amenities, subdivision signage, street trees, existing trees, pathways, buffer
areas, perimeter fencing, etc., shall be reviewed and approved by the Design Review Board prior to
the submittal of a final development plan and final plat.
21. The applicant shall submit a design review application and landscape plan showing fencing (if
proposed), trees, landscaping, and berming, and planting details within the 20-foot wide buffer areas
along State Highway 55 and lO-foot wide buffer area along Horseshoe Bend Road abutting this site
for review and approval by the Design Review Board prior to the submittal of a final development
plan and final plat. Buildings located adjacent to State Highway 55 shall be setback a minimum of
30-feet from the right-of-way.
22. The entire Optimist Business Park development shall remain under the control of one Owner's
Association.
23. Provide a license agreement from lID and/or ACHD allowing the installation of landscaping located
within the public rights-of-way, and landscape said right-of-way. Submit plans to Design Review
Board for review and approval, prior to the City Clerk signing the fmal plat.
24. Design Review Board approval for the landscaping for the entire site is required prior to the approval
of any final development plan and final plat. Design Review Board approval for the landscaping for
each individual pad site is required prior to the issuance of any building permit. Individual lots within
this subdivision will be required to have a minimum of 10% landscaping each.
25. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
26. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
27. Any stub street which is expected to be extended in the future shall be provided with a sign generally
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stating that, "This street will be extended in the future".
28. Applicant may grow alfalfa or a row crop on the subject property through that particular growing
season during which the final plat is approved.
29. In recognition of the coordination efforts needed with adjacent property owners to facilitate a sewer
lift station to serve the subject property and the general area and, in accordance with Eagle City Code
Section 9-2-3 E (1), a one year extension of time is hereby granted for the final plat (subject to the
review and approval of a final plat application).
30. Any building wall signage proposed for the two buildings located adjacent to State Highway 55 shall
be limited to exterior illumination only.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3.
Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (Lc. Title 50, Chapter 13 and Lc. 39-118).
5.
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.c.C. 9-20-8.4)
7.
All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home.
8.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
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9.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the fmal plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
II.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has fIrst been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(I) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the fmal plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13.
The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fIre area in excess of 3,600
b.
c.
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20.
21.
22.
23.
d.
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
15.
Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed by the Eagle City Attorney prior to the
City Engineer signing the final plat.
16.
Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed by the Eagle City
Attorney prior to the City Engineer signing the fmal plat.
17.
The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the fmal plat prior to approval of the
final plat by the City Council.
The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the fmal plat.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
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24.
25.
26.
27.
28.
29.
30.
31.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
Basements in homes in the flood plain are prohibited.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confmnation of any change from the City of Eagle.
No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 6, 2004.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on June 7,2004. 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 June 1,2004. Requests for agencies' reviews were
transmitted on May 7, 2004, in accordance with the requirements of the Eagle City Code.
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Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on July 26, 2004,
and October 11, 2004. 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 July 21,2004, and October 7, 2004.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-5-04/PPUD-2-04/PP-4-04) and based upon
the information provided concludes that the proposed development is in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community because;
Two aspects of the Optimist Business Park PUD are to provide service related businesses to
residents in the area, and to complement the current and future retail uses in the vicinity (such as
the Home Depot south of this site).
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
The lands to the south of this site have increasingly been developed with commercial uses (such as
the Home Depot hardware store and a mini-storage facility) which are indicative of the changing
character of the area, which this development will complement.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development will have access to Horseshoe Bend Road and will not travel through any
existing neighborhoods which would cause additional traffic upon local roadways. Screening and
buffering measures are required to be installed between the proposed commercial uses and the
existing residential uses to mitigate potential disturbances.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors because;
As noted within the Ada County Highway District report, Horseshoe Bend Road is currently at a
Level of Service "C" that is more than capable of handling the additional traffic expected to be
generated by this development. No major impacts are expected on surrounding properties as this
site should only develop with uses that are not industrial in character, but rather service oriented to
provide additional commercial opportunities for residents in the area.
5. That the development will be s~ed adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools because;
All central services are available to be extended to the site, as noted within the letters provided by
the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and
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other urban services will be provided at the developer's expense.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and services are to be supplied by the developer and must be approved at the
time of installation and accepted by the sewer, water and highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal because;
The development plan is designed with tree-lined streets and common open areas that may not be
found in similar business/service oriented parks.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
Access to the development will be from Horseshoe Bend Road by way of a public street. The
development will include stub streets to the parcels located north and south of this development
which will provide connectivity upon further commercial development of said properties. The
design and construction of the roadways and entrances is guided by the Ada County Highway
District.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
No natural, scenic, or historical features are known to exist on the site.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan because;
The proposed development fits well with the Comprehensive Plan since the Plan calls for Business
Park related uses for this area, and will provide residents with opportunities to visit a variety and
mixture of commercial uses in close vicinity to their homes.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
This application is a request for approval of a preliminary development plan and conditional use
permit as outlined in Eagle City Code and satisfies those requirements as well as being required to
meet the conditions herein. In addition, the developer will be required to submit an application for
design review and comply with all Eagle City Codes and conditions of approval of the design
revIew.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations because;
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In accordance with Eagle City Code Section 8-3-3 (D), the Council approves a reduction of twenty
feet (20') in the minimum yard requirements to allow the nonresidential buildings to be located
closer than forty feet (40') to the lot line of the residential districts to the north and south of the
development. It is recognized that the majority of the uses for this site are situated westerly of the
existing dwelling unit on the property to the north and, that landscape screening and buffering will
be required as part of the design review process within the required twenty foot (20') wide buffer
area to mitigate any unanticipated noise, light or glare emanating from the site. In addition, the
property to the south is anticipated to be developed with a similar business park development and
thus compatible uses are expected to be constructed on the site. No other deviations from the
standard district regulations have been proposed nor approved with this application.
Pursuant to Eagle City Code 8-6-4, an allowance for a maximum of 10% of the site to be
developed with uses not specifically allowed within the BP (Business Park) zoning district
(specific uses as noted within site specific condition of approval number 18) have been approved
by the City Council.
4.
The Council reviewed the particular facts and circumstances of this proposed annexation and rezone
(A-5-04 & RZ-5-04) 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 annexation and rezone
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The requested zoning designation of BP-P (Business Park PUD) is in accordance with
the Business Park 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 indicate that adequate public facilities exist, or are
required to be provided, to serve uses on this property consistent with those found in a
Business Park under the proposed zone;
c. The proposed BP-P (Business Park PUD) zoning district is compatible with the RUT
(Rural Urban Transition - Ada County designation) zone to the east since that area is
proposed to be developed with athletic fields that are typically in use during hours
when most commercial uses are closed;
d. The proposed BP-P (Business Park PUD) zoning district is compatible with the RUT
(Rural Urban Transition - Ada County designation) zones to the north and south
because those areas are expected to develop with the same types of uses found within
a BP (Business Park) zoning district since the Comprehensive Plan Land Use Map
designates those areas as Business Park and, this development will be required to
provide adequate buffers and screening between the proposed commercial uses and
any existing residential uses;
e. The proposed BP-P (Business Park PUD) zoning district is compatible with State
Highway 55 to the west since commercial developments rely on traffic corridors to
attract clientele to the commercial establishments and, traffic on SH 55 will not be
directly affected since this development does not have access onto SH 55;
f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
g. No non-conforming uses are expected to be created with this rezone.
Page 23 of 24
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DATED this 23rd day of November 2004.
CITY COUNCil..
OF THE CITY OF EAGLE
Ada County, Idaho
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ATTEST:
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Sharon K. Bergmann, Eagle City C erk
Page 24 of 24
K:\Planning Dept\Eagle Applications\SUBS\2004\Optimist Park PUD ccf.doc