Findings - PZ - 2005 - A-12-05 & RZ-19-05 - A/Rz From Rut To Mu-Da/41.20 Acre/1505 Riverside Drive
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR ANNEXATION AND REZONE FROM )
RUT (RURAL URBAN TRANSITION) TO )
MU-DA (MIXED USE WITH DEVELOPMENT )
AGREEMENT) FOR HAWKINS COMPANIES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-12-0S & RZ-19-0S
The above-entitled rezone upon annexation application came before the Eagle Planning and Zoning
Commission for their recommendation on December 5, 2005. The Commission, 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:
Hawkins Companies, represented by Bart Longson, is requesting approval of an
annexation and a rezone from RUT (Rural Urban Transition) to MU-DA (Mixed Use with
a Development Agreement). The 41.20-acre site is generally located on the southwest
comer of Riverside Drive and State Street at 1505 Riverside Drive.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on October 6, 2005.
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 October 31, 2005. 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 October 25, 2005. Requests for agencies' reviews were transmitted on October
12,2005, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: NI A
E. COMPANION APPLICA nONS: NI A
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use, Floodway and RUT (Residential - Ada Commercial horse arena
Scenic Corridor overlay County designation) (Lonesome Dove Ranch)
and pasture
Proposed No Change MU-DA (Mixed Use with Mixed use development
Development Agreement) including commercial,
retail and residential (town
homes and condominiums).
North of site Public/Semi-Public and PS (Public/Semipublic) and Park and Ride, State
Mixed Use A (Agricultural), MU-DA Highway 44, Eagle River
(Mixed Use with Development
Develooment Agreement)
South of site Residential Two and R-2-P (Residential - two Boise River
Floodway units per acre Planned Unit Rivers End Planned Unit
Development) and RP (Rural Development
Preservation- Ada County
Designation)
East of site Mixed Use RUT (Residential- Ada Rock Contractors
County designation) and
MU-DA (Mixed Use with
Development Agreement)
West of site Mixed Use RUT (Residential- Ada Pasture
County designation) County
designation) and MU-DA
(Mixed Use with
Development Agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 41.2-acres
1. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter from The Land Group, Inc. dated October 6, 2005,
attached to the staff report and incorporated herein by reference.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
The applicant is requesting a development agreement to provide certainty to the City that
the site design elements and building guidelines for this project will be adhered to.
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K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters from ACHD and Eagle Fire District have been received by the
City. As stated in correspondence from the Eagle Sewer District the property has been
annexed into the Eagle Sewer District and can be served with sewer service facilities.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON-CONFORMING USES:
The development agreement will contain provisions to assure that any non-conforming use
will become regulated and/or removed.
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staffreport.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Chevron Pipeline
Eagle Fire Department
Eagle Sewer District
Idaho Department of Environmental Quality
Idaho Department of Lands
Idaho Transportation Department
O. LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates
this site as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within the Central Business District
(CBD). Development within this land use designation should be required to proceed through
the PUD and/or Development Agreement process, see specific planning area text for a
complete description.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal
Emergency Management Administration maps along the Boise River and Dry Creek
(Generally shown on the Land Use Map which is a part of this Plan). These areas are to
remain open space because of the nature of the floodway which can pose significant hazards
during a flood event. Also, the floodway areas shall not be considered as a part of the
minimum area of open space required (as required within the zoning ordinance) unless
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developed as noted within this paragraph. Floodway areas shall be excluded from being used
for calculating permitted residential densities. Any portion of the floodway developed as a
substantially improved wildlife habitat area open to the public, or useable public open space,
such as a pathways, ball fields, parks, or similar amenities as may be approved by the City
Council, may be credited toward the minimum open space required for a development.
When discrepancies exist between the floodway boundary shown on the Land Use Map and
the floodway boundary shown on the Federal Emergency Management Administration maps
such that the floodway area is smaller than that shown on the Land Use Map the adjacent land
use designation show shall be considered to abut the actual flood way boundary.
When new floodway boundaries are approved by FEMA and/or the City, the flood way area on
the Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors
and natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
AMENDED 2000 COMPREHENSIVE PLAN, ADOPTED SEPTEMBER 14,2004
Chapter 1
Overview
1.1
The purpose of the Eagle Comprehensive Plan is to promote the health, safety,
and general welfare of the people of the City of Eagle and its Impact Area as
follows:
b. To ensure that adequate public facilities and services are provided to the
people at reasonable cost.
d. To ensure that the important environmental features of the City and its Impact
Area are protected and enhanced.
g. To ensure that the development of land is commensurate with the physical
characteristics of the land.
h. To protect life and property in areas subject to natural hazards and disasters.
1. To protect fish, wildlife, and recreation resources.
Chapter 5 - Economic Development
5.1 Background
The economic development component of the Comprehensive Plan discusses the
economics and employment in Eagle. The city encourages appropriate economic
development while retaining those attributes that give Eagle its special living and
working environment.
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5.2 Goal
Encourage an economic base complementary to Eagle's rural identity
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 residential
identity.
g. Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
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 6 - Land Use
6.7 Implementation Strategies
a. Preserve the natural features and resources of Eagle.
m. Promote commercial service and retail development within the Central
Business District that contributes to pedestrian friendly environment.
p. Support City of Eagle flood and storm drainage regulations to achieve
protection of property rights, environmental protection and flood damage
reduction for community residents.
Chapter 7
Natural Resources And Hazard Areas
7.8
Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas
within the Eagle Impact Area. Future areas may be added to the Comprehensive
Plan when deemed necessary.
Areas of flooding consists of two parts: (1) the floodway which is the most severe
area of flooding characterized by deep and fast moving water; and (2) the
floodplain which is less severe than the floodway and is characterized by
shallower and slower moving waters at the time of flooding.
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A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open
space area, a recreational area and/or a nature area may be encouraged in the roO-year
floodplain of the Boise River and Dry Creek.
The floodway is shown as a generalized area only on the Land Use Map. The
Federal Emergency Management Administration (FEMA) maps show specifically
where the floodway and floodplain boundaries are located. (Also, see Eagle City
Code for definitions of terms relating to the floodplain areas.)
7.9 Goal
Special concern and attention should be given to the preservation of fish, wildlife,
water resources, air quality, agriculture, open space and recreation-nature areas
when implementing planning and zoning decisions.
Chapter 8 Transportation
8.3.0 City of Eagle Functional Pathway Classifications
8.3.1 Paths
Function:
To provide for recreation and alternative transportation; important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Location:
Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
8.3.2 Bike Lanes
Function:
Primarily used as a lane for bicycles and other non-motorized uses.
Location:
Bike Lanes usually exist on the same pavement surface as motorized lanes.
Arterials and collectors should be provided with bike lanes on each side of the
roadway.
8.4 Goal
Plan a transportation system to serve the planned land use of the City of Eagle and its
Area of Impact.
8.5 Objective
Encourage alternative transportation forms such as walking and biking.
8.6 Implementation Strategies
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b. Integrate all modes of travel to support air quality improvement measures.
9.5 Pathways And Grennbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e.
the Boise River and Dry Creek) and are designed to prevent undesirable
encroachment. Greenbelts may include pathways and/or bike lanes.
9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
h. Acquire pathway easements on the north side of the North Channel.
Chapter 11
Special Areas and Sites
11.1
Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or
sites should be analyzed according to their defined function. Whenever possible,
these sites should be preserved and conserved as open spaces or for educational
and cultural centers. Development of Special Areas or Sites should take place in
manner that reflects harmony with their natural environment and recognized
qualities which render them distinctly unique.
The Boise River Floodplain, the Head of Eagle Island, the Dry Creek Floodplain,
and the North Foothills possess a recognized function as a wildlife habitat,
floodway and scenic natural resource reflective of Eagle's rural character.
These special areas will require comprehensive and specific planning to ensure
that such topographical, hydrological, ecological, architectural and scenic
concerns have been thoroughly addressed and incorporated into any engineering
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and development plans. The special review process should include, but not be
limited to the following:
.
Area wide drainage including hillsides, foothills and gulches
Water quality
Sanitation
Area-wide traffic plans
Pathways, trail access
Wetlands issues
Fish and wildlife habitat
Existing trees and natural features
River and creek greenbelt areas
Potential for permanent open space and natural preserves including steep
hillside terrain, rock outcroppings and foothill gulches.
.
.
.
.
.
.
.
.
.
11.2 Recognized Special Areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological
and scenic significance. The area comprises the two channels of the Boise River
and intervening and immediately adjacent areas as generally depicted on the
Comprehensive Plan Land Use Map.
11.3 Goal
To promote the conservation and efficient management of all Special Area and
Sites.
11.4 Implementation and Strategies
a. Protect and improve natural and man-made waterways.
g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
h. Encourage the preservation of habitat areas which provide for fish and
wildlife.
i. The City may require developers to prepare and submit an environmental
assessment and any such additional reports as the City may from time to time
require, for any development on land within an area designated as a Special
Area or Site or for any development impacting a designated Special Area or
Site.
Chapter 12
Community Design
12.1
Background and Vision
Community design is the organized fashion in which a community is developed in
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order that a general mood or theme is established and maintained.
Elements of the Eagle community design include: (a) a rural transitional
community with a shopping district functioning as the hub of the community; (b)
the Boise River and its floodplain with wildlife, trees, and recreation
opportunities; (c) the rolling hills north of the river; and, (d) a network of canals
which crisscross the community.
Development will occur in the downtown as well as along arterials. City growth
and increased traffic levels on Highway 44 and Highway 55 will stimulate
demand for new development along these entrances. These same corridors have
great potential for more intensive mixed-use development.
12.4 Implementation Strategies
a. Establish and maintain a development pattern and design criteria in keeping
with the rural transitional identity of Eagle. This includes growth within the
Impact Area that discourages or precludes the establishment of other City
centers.
c. The floodway shall be reserved as a natural state such as a greenbelt, wildlife
habitat, and open space recreational area and for agricultural uses.
d. The City Design Review Ordinance shall set forth criteria for building design,
landscaping, signage and other aesthetic standards. Development along State
Street within the Impact Area and outside the City limits shall be encouraged
to comply with the Design Review Ordinance.
e. Developments that would establish or tend to establish another City center
outside of the Central Business District should not be approved.
g. New residential, commercial, and industrial development shall be required to
meet minimum design standards as specified by City Ordinances.
k. Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridge lines as visual amenities.
I. Encourage the development of pathways and open-space corridors throughout
the City.
ill. Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
Chapter 9 Parks, Recreation And Open Spaces
9.5 Pathways And Greenbelts
9.5.1 Goal
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To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
c. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
d. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
e. To create and preserve pathway corridors in public and private lands within
the Eagle foothills for nonmotorized multi-use.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
h. Acquire pathway easements on the north side of the North Channel.
J. Provide adequate parking and public facilities along greenbelts and pathway
systems.
I. Provide public information on safety, current location, nearest public facility
location, and emergency telephone system along greenbelts and pathway
systems (i.e., milepost markers).
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Eagle City Code, Section S-2A: Design Review Overlay District
S-2A-l: General Applicability:
This article applies to all proposed development located within the design review
overlay district which shall include the entire city limits, and any land annexed
into the city after the date of adoption hereof. Such development includes, but is
not limited to, new commercial, industrial, institutional, office, multi-family
residential projects, signs, common areas, subdivision signage, proposed
conversions, proposed changes in land use and/or building use, exterior
remodeling or repainting with a color different than what is existing, exterior
restoration, and enlargement or expansion of existing buildings, signs or sites, and
requires the submittal of a design review application pursuant to this article and
fee as prescribed from time to time by the city council.
The following are specifically excluded from the requirements of the design
review overlay district: development of an individual single-family detached
dwelling on a single parcel, an individual duplex (2 dwelling units), and an
individual town home consisting ofa maximum of two (2) dwelling units.
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8-2A-2: Purpose And Goals:
A. Purpose: The purpose of this article is to:
1. Recognize the interdependence ofland values and aesthetics and to
provide a method by which the city may implement this interdependence
to the benefit of the community.
2. Encourage the development of private property in harmony with the
desired character of the city and in conformance with the guidelines
herein provided with due regard to the public and private interests
involved.
3. Provide planning and design guidelines to give specific direction for
downtown development, while allowing for flexibility that promotes
creative, market driven development proposals.
B. Goals: The general theme of the design review overlay district is to specify
desirable building and landscape architectural styles and materials to create a
sustainable and pleasing environment for residents and visitors alike. The
architectural designs, materials, and graphics set forth in this article are
compiled to create a theme unique to the area called "Eagle architecture".
8-2A-5: Design Review Overlay Disrtricts; Eagle Architecture And Site Design Book
(EASD):
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book
is to show, through the use of pictures and text, specific period architectural
styles, themes, and elements envisioned through the requirements of this article.
The EASD book, established through a resolution of the city council and as may
be amended through future resolution(s), contains all exhibits referenced in this
article and is incorporated herein by reference. However, exhibit A-I may only be
modified through an ordinance amendment. The architecture styles found in the
EASD book are permitted styles. Architectural styles not shown within the
EASD book will not be considered. A copy of the EASD book is available at
Eagle city hall.
C. DISCUSSION:
. The Comprehensive Plan's Land Use Map designates this site as Mixed Use. The
applicant is proposing a combined retaiVoffice/mixed use/single family attached
development. The proposed density as proposed is 17.62 dwelling units per acre for
Areas A, B, and C as identified on the Development Density Exhibit attached as
Exhibit B 1. The following table provides a breakdown of the residential density for
the development:
Area
Acres
Density
Units
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A 6.37 20 du/acre 127
B 2.34 16 du/acre 37
C 4.96 14.25 du/ac 71
Total 13.67 17.2 du/ac 235
. The applicant is requesting a development agreement with the rezone to ensure the
desired mix of uses and provide flexibility for development.
. The applicant is proposing a "Northwestern" theme utilizing a Craftsman style of
architecture as shown on the attached elevation exhibits C 1-C4. Though Craftsman
architecture is one of the permitted styles of architecture in the Eagle Architecture and
Site Design there is no reference to a Northwestern Theme and this should be further
explored and detailed in the development agreement.
. Staff believes that a MU (Mixed Use) zoning classification for this site is appropriate
for this location for the 2000 Comprehensive Plan designates this site as Mixed Use
on the Future Land Use Map, and because the lands to the east (Eagle River
Development) and north are zoned and developed under the MU (Mixed Use) zone. In
addition, this site is compatible with the property to the south since it is currently
zoned R-2-P and is developed with single-family residential uses and this
development as proposed will place residential uses (condos and townhouses)
adjacent to the R-2-P zone. The commercial area within the proposed development
will be buffered by the river and proposed townhouses from the development to the
south.
. The Comprehensive Plan emphasizes the importance to ensure that new commercial
and retail development does not detract from the development in the central business
district. The proposed commerciaVretaiVoffice uses within the proposed project
(approximately ro acres), though limited in the attached DA, should be reviewed by
the Council and scrutinized to ensure that these uses are not in conflict with this
policy.
. The proposed site lies within the Boise River floodway and floodplain as delineated in
the FEMA, Flood Insurance Rate Maps (Panel numbers 154 & 162) map revision
dated February 19,2003. Prior to commencing work on this site a Floodplain Permit
will be required. A 404-permit through the Army Corp of Engineers may also be
required.
. The concept plan date stamped by the City on November 30, 2005 shows a central
plaza area with an entrance form Riverside Drive. The plaza area is surrounded by
retail/commercial office buildings with dwelling units to be located on the second and
third stories. The concept plan also details residential areas adjacent to the retail/
commercial area. The residential uses condominium and townhouse development. The
applicant is requesting that if the market conditions change single-family dwellings be
allowed at reduced density with setbacks as identified in Section 3.4 of the proposed
Development Agreement.
. The concept plan includes structures that are three-story in height. Eagle City Code
Section 8-2-3 specifics a max height of 35 feet in all zones. All structures on the site
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shall comply with the 35-ft. height restriction.
. The 2000 Eagle City Comprehensive Plan's Transportation/Pathway Network Map #1
of 2 shows a pathway adjacent to the north side of the North Channel of the Boise
River. The applicant should meet with the City's Park and Pathway Development
Committee prior to submitting a preliminary plat to determine the location of the
required public easement and pathway requirements. A condition should be placed in
the development agreement to provide for a connection from Riverside Road through
the development for access to the greenbelt pathway system.
. The concept plan shows the proposed development to be a "walkable" community
locating residential uses within Y4 - Y2 mile of the commercial/retail uses. All
residential uses within this development are located with in this distance of the
commercial and retail center.
. Eagle City Code Section 8-2A requires commercial, retail and attached housing
exceeding two units in number comply with the design criteria as set forth in the Eagle
Architecture and Site Design manual. Section 3.18 of the proposed Development
Agreement requires all architectural plans be approved by the Design Review Board
and the Eagle City Council prior to the issuance of building permits.
. Site subject to Development Agreement under ECC Section 8-10-1.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
annexation and rezone with the conditions noted within the staff report to be placed within a
development agreement:
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 5, 2005, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
individual who owns the property adjacent to the subject property on the eastern boundary. The
individual said that he is in support of this project.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the Planning and
Zoning Commission by one individual who represented Ballantyne Irrigation Ditch Company. He told
the Commission that the Ballantyne Ditch serves most of Eagle and they have a water right they would
like to preserve. The head gate for the Ballantyne Ditch is located on the southem boundary of the
subject property. He also told the Commission that if this property is developed the plans call for the
Ballantyne Ditch to be tiled with a forty-eight inch (48") pipe. The individual asked that the
Commission place a condition within the development agreement that an access is provided to the
head gate and that the ditch is tiled as called for in their plans.
COMMISSION DECISION:
The Commission voted 4 to 0 (Aspitarte absent) to recommend approval of A-12-05 & RZ-19-05
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for rezone with a development agreement upon annexation from RUT (Rural Urban Transition -
Ada County designation) to MU-DA (Mixed Use with Development Agreement) for Hawkins
Companies with the following staff recommended conditions to be placed within a development
agreement with underline text to added by the Commission and strike through text to be deleted by
the Commission.
3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any conditional
use permits, if applicable, and any other applicable applications as may be required by the Eagle City
Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made
except as otherwise provided within this Agreement.
3.2 The Concept Plan represents the Owner's current concept for completion of the project. As the
Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur.
If the City determines that any such changes require additional public comment due to potential
impacts on surrounding property or the community, a public hearing shall be held on any proposed
changes in the Concept Plan, notice shall be provided as may be required by the City.
However, the residential portion of this development proposal is recognized by Eagle and Applicant as
a desired component to a mixed use development. A residential component of similar size and area to
that depicted in the Concept Plan with the provisions and allowances contained herein, shall be
maintained.
3.3 The total number of residential units on the Property shall not exceed 31l-units in the aggregate.
Development of the residential portion of the Property will be permitted through the Design Review
process and future conditional use permits for the residential development will not be required.
3.3.1 Area A, B, and C will be developed with residential uses consisting of condominiums and
townhouses as identified on the Concept Plan (Exhibits B I and B2). Area A, B, and C consists of
l3.6-acres with a maximum of 235-units (17.2 dwelling units per acre). The architecture of the units
within this area are identified on Exhibits C 1 thru C4.
3.3.2 Area D will be developed either as an office/retail use or as a residential use consisting of
condominium and townhouses. If developed as a residential area, Area D will consist of a maximum of
40-units (20 dwelling units per acre) with architectural styles as identified on Exhibits Cl thru C4.
3.3.3 The area labeled as "Mixed UseIRetail" within the center of the development as shown on
Exhibits Band C will consist of retail uses on the first floor and may have residential units located
above the retail. The maximum number of residential units within this area will be 36 (9.2 dwelling
units per acre). The architecture of the buildings within this area are identified on Exhibit C4 as
"Midrise Live/Work Townhome & Condo Concept".
3.4 The Unit Type Summary (Exhibit B2) shows the conceptual layout and location for all buildings
within the development. The Setbacks shall be as follows:
. Type 1 Townhouses:
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Front
Rear
Interior Side
Street Side
Additional Setback for
Multi-Story structures
. Type 2 Townhouses:
Front
Rear
Interior Side
Additional Setback for
Multi -Story structures
Street Side
. Type 3 Townhouses:
Front
Rear
Interior Side
Additional Setback for
Multi-Story structures
5 feet (measured from back of curb)
15 feet (minimum separation from other
buildings)
15 feet (measured from the back of sidewalk when unit is
adjacent to a sidewalk or from back of curb when no
sidewalk is present)
15 feet (measured from the back of sidewalk when unit is
adjacent to a sidewalk or from back of curb when no sidewalk is
present)
2.5 feet
15 feet (to porch) (measured from the back of sidewalk when unit
is adjacent to a sidewalk or from back of curb when no sidewalk
is present)
18 feet (to garage) (measured from the back of sidewalk when
unit is adjacent to a sidewalk or from back of curb when no
sidewalk is present)
15 feet (minimum separation between buildings)
12 feet (between buildings)
2.5 feet
12 feet (measured from the back of sidewalk when unit is
adjacent to a sidewalk or from back of curb when no sidewalk is
present)
15 feet (to porch) (measured from back of sidewalk)
18 feet (to garage) (measured from back of sidewalk)
o feet (measured from Floodway setback line) (for units located
along the southern portion of the site adjacent to the open space
area)
12 feet (between buildings)
2.5 feet
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Street Side
12 feet (measured from the back of sidewalk when unit is
adjacent to a sidewalk or from back of curb when no sidewalk is
present)
. Stacked Flat Condominiums:
Front
Rear
Interior Side
Street Side
12 feet
5 feet
12 feet
12 feet
. Garden Townhouses
Front
N/a - opens to court yard*
Rear
15 feet (between buildings)
Interior Side
5 feet (between buildings)
Additional Setback for
Multi-Story structures
2.5 feet
Street Side
18 feet (measured from the back of sidewalk when unit is
adjacent to a sidewalk or from back of curb when no sidewalk is
present)
. Mixed Use /Office/ Retail Commercial Buildings:
15 feet (between buildings)
. All buildings shall be setback from Riverside Drive a minimum of 25 feet.
3.4.1 In the event the applicant desires to develop area A, B, C, or D with single family dwelling units
then the following setbacks shall apply:
. Single Family Residential:
Front
15 feet (to porch) (measured from the back of sidewalk when unit
is adjacent to a sidewalk or from back of curb when no sidewalk
is present)
18 feet (to garage) (measured from the back of sidewalk when
unit is adjacent to a sidewalk or from back of curb when no
sidewalk is present)
Rear
15 feet
Interior Side
5 feet
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Additional Setback for
Multi-Story structures
2.5 feet
Street Side
15 feet
All single family residential structures shall require both Applicant and Eagle Design Review Board
approval prior to the issuance of any building permits to assure that the homes are designed to be
compatible and consistent with the Northwestern Craftsman theme of the development.
3.5 The Mixed Use/ Office/ Retail commercial areas of the Property as depicted on Exhibit B I are to be
developed with a combination of any office and commercial uses allowed within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations" under the MU zoning designation (except as
limited in Section 3.6, below). Buildings up to a maximum of 40,000 square feet each are permitted
for this area.
3.6 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed Use District land uses
allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing at
the time a design review application or conditional use permit application (whichever the case may be)
is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section 8-
2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses shown
as "C" conditional uses under the MU zoning designation shall require a conditional use permit, except
that the residential portions of the Property described in Section 3.3 shall not require a conditional use
permit.
A "Drugstore/Pharmacy" (with drive up service) is intended to be an allowed use in this development
and shall only be permitted through the Conditional Use Permit process.
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
Residential, Mobile Home (Single Unit);
Residential, Mobile Home (Single Unit Temporary Living Quarters);
Residential, Mobile Home Park;
Adult Business;
Automotive washing facility;
Cemetery;
Circuses and Carnivals;
Drive-In Theatre;
Equipment Rental and Sales Yard;
Kennel;
Nursery, plant materials;
Riding Academies/Stables;
Small Engine Repair;
Storage (fenced area);
3.7 The conditions, covenants and restrictions for the Property shall contain at least the following:
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(a) An allocation of responsibility for maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, parking lots, private driveways, and amenities,
(b) A requirement insuring compliance with the Design Guidelines approved with this Agreement.
(c) A requirement for all fencing within the development to be open-style such as wrought iron,
extruded aluminum (looks identical to wrought iron), or three-rail-type wooden decorative
fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited.
3.7.1 The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Owners Association(s) for the development. The applicant shall provide a copy
of the CC&Rs (which include a similar statement regarding the common areas) for review and
approval by the City attorney prior to the approval of the first final plat. The CC&Rs shall provide
that the association(s) shall have the duty to maintain and operate all of the common landscape
areas in the subdivision in a competent and attractive manner, including the watering, mowing,
fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity.
3.8 All development within the Property shall be consistent with the Site Design Guidelines ("Design
Guidelines") attached hereto as Exhibit E and generally consistent with the Conceptual Plan attached
hereto as Exhibits Bland B2. The Conceptual Plan attached hereto describes the general nature and
relative location of certain elements for the Property. The intent of this Agreement is to allow
sufficient flexibility at the time of detailed planning and platting while still maintaining the general
intent of the Conceptual Plan with the requirements set forth in this Development Agreement. Specific
design elements shall be clarified during the platting and design review application processes.
However, the streetscape as shown on the concept plan (the central design theme, center landscape
islands, street trees, clubhouse, pathway network) shall be required design elements as part of the final
design for the site. The overall open space for the site shall remain a minimum of 6950%. For the
purpose of this Agreement, open space shall be defined as all areas other than buildings, parking lots,
roadways, and individual, fee-simple residential building envelopes.
3.9 The applicant's property shall be annexed into the Eagle Sewer District's service boundaries and shall
comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a
final plat application. Prior to issuance of any building permits, Applicant shall provide proof of
central sewer service to the proposed residential and commercial uses. A letter of approval shall be
provided to the City from the Idaho Department of Health and Welfare, Division Department of
Environmental Quality, and/or Central District Health, prior to issuance of any building permits.
3.10 Applicant shall provide a report or analysis of any proposed changes to wetlands located on the
Property and any such change shall be contingent upon approval by the Idaho Fish & Game
Department (if applicable), the Idaho Department of Water Resources (if applicable), the Army
Corps of Engineers, the City of Eagle, and any other appropriate governmental agencies, and shall be
in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all development
and improvement of the Property shall comply with rule and regulations pertaining to regulated
wetlands.
3.11 Applicant will comply with all applicable provisions of Title 10, Flood Control, of the Eagle City
Code.
3.12 Applicant shall provide and construct, in accordance with the provisions of Eagle City Code Section
9-4-1-6, a minimum ten foot (10') wide asphalt public pathway along the portion of the Property
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adjacent to the Boise River. The specific location and design of the pathway shall be approved by the
City of Eagle Park and Pathway Development Committee, the Eagle Design Review Board, and the
Eagle City Council prior to the submittal of the first final plat for the Property. The asphalt pathway
shall be located in an easement or easements which shall be dedicated to and accepted by Eagle as
provided in Eagle City Code Section 9-4-1-6(E)(2), upon recordation of the final plat(s) wherein the
pathway is located.
3.13 A minimum of one emergency and/or service access point to the Boise River for the use of repair and
rescue equipment and personnel shall be provided. Location and width of emergency and/or service
access shall be as determined in coordination with the City of Eagle Park and Pathway Development
Committee, Eagle Fire Department, aOO Flood Control District #10 and Ballantvne Irrigation Ditch
Companv and approved by the Eagle City Council prior to City approval of the preliminary plat or
master design review application for the Property.
3.14 Provide bus stops as may be recommended by Eagle.
3.15 Applicant shall provide a minimum eight foot (8') wide tree lined landscaped strip along Riverside
Drive with a detached five foot (5') wide concrete sidewalk located between the landscaped strip and
the site. The landscaping, including street trees and pathways, shall be reviewed and approved by the
Eagle Design Review Board prior to approval of the first final plat. The portion of the twenty-five
foot (25') wide landscape strip located adjacent to Riverside Drive Riverside Drive shall include a
minimum three foot (3') high berm with extensive landscaping to provide a buffer.
3.16 Applicant shall provide a center common area plaza for public use as generally depicted on the
Concept Plan. The intent of the plaza is to become a focal point of the development with an
adequate area for gathering, a water feature, benches, seat walls, and ornamental lighting to create a
sense of place and identity for the core area of the development. The landscaping may include
shrubs, flowers, water features, etc., and shall be reviewed and approved by the Eagle Design
Review Board and Eagle City Council prior to the submittal of a final plat.
3.17 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables, etc.).
3.18 As provided by the applicant, "Northwest Craftsman Theme" shall be the required architecture
standard for the development. Architectural examples of the above descriptive language, are attached
hereto as Exhibit E. Eagle Design Review Board and Eagle City Council approval the detailed
architectural plans for the development is required prior to the issuance of any building permits. To
assure compliance with this condition, the applicant shall create an architectural control committee
(ACe) as a component of the development's CCR&S. Provisions regarding the creation and
operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each all buildings within the
development shall be accompanied by an approval letter from the Architectural Control Committee.
Building permit applications that do not have an approval letter attached will not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not meet the architectural requirements
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herein or other design requirements as may be stipulated by the Eagle Design Review Board and
Eagle City Council.
3.19 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator
with the submittal of the final plat. The plans shall show how the lights will facilitate the "Dark
Sky" concept of lighting.
3.20 The applicant shall submit a design review application showing at a minimum: I) proposed
development signage, 2) planting details within the proposed and required landscape islands and all
common areas throughout the development, 3) elevation plans for all proposed common area
structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation
pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities, 6) style of ponds to be constructed in
reference to mosquito abatement. The design review application shall be reviewed and approved by
the Eagle Design Review Board and Eagle City Council prior to the submittal of the first final plat.
3.21 All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be
integrated into the open space areas (unless approved for removal by the City Forester and the
Design Review Board) shall be provided for Design Review Board approval prior to the submittal of
a final plat. 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.
3.22 Other than any pathways, ponds and landscaped open space areas as depicted on the Concept Plan,
development of the Floodway shall be prohibited.
3.23 Building placement shall be designed such that parking areas are not concentrated between the
buildings and Riverside Drive.
3.24 City of Eagle approvals shall be subject to any FEMA requirements.
3.25 Applicant shall provide pedestrian and bicycle public access to the paved pathway along the Boise
River as required in the Eagle Comprehensive Plan.
3.26 Provide a license agreement from ACHD approving the landscaping located within the public right-
of-way abutting the northern boundary of the Property (Riverside Drive) prior to the City Clerk
signing the final plat.
3.27 Pathways connecting the residential areas to the commercial areas shall be provided.
3.28 The aoolicant shall tile the Ballantvne Ditch within the subiect oroperty as required by the
Ballantvne Irrigation Ditch Companv prior to the City Clerk signing the final plat.
The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-19-05) with
regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the
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information provided concludes that the proposed rezone is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on October 6, 2005.
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 October 31, 2005. 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 October 25, 2005. Requests for agencies' reviews
were transmitted on October 12,2005, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-19-05)
with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based
upon the information provided concludes that the proposed rezone is in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU-DA is consistent with the Mixed Use
designation on the Comprehensive Plan Land Use map;
b. The requested zoning designation of MU-DA Mixed Use is appropriate for the
site since the areas surrounding the site to the north, east and west are currently
designated Mixed Use on the Land Use Map adopted September 14,2004 and are
currently developed as Mixed Use to the north and west;
c. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve any and all uses allowed on this property under
the proposed zone;
d. The proposed MU Mixed Use zone is compatible with the R-2-DA-P (Residential
Planned Unit Development- two units per acre with development agreement) zone
to the south since that site is currently developed with residential and the proposed
development provides for townhouses to be adjacent to this development with the
river and floodway area to provide a buffer due to density of the proposed
development;
e. The land proposed for rezone is located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan. The southern portion of the site lies
within the Boise River Floodplain area. The development of the site will be
required to meet the requirements of ECC, Title 10, Flood Control.
f. No non-conforming uses will be created by this rezone.
DATED this 19th day of December 2005.
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PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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Phillip J. Bandy, Chairman I
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Page 22 of 22
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