Findings - PZ - 1998 - CU-4-98/PPUD-1-98/PP-3-98 - Rocky Mt Business Park/26 Lots/40 Acres/
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A CONDITIONAL USE PERMIT, PLANNED UNIT )
DEVELOPMENT PRELIMINARY DEVELOPMENT )
PLAN, AND PRELIMINARY PLAT FOR ROCKY )
MOUNTAIN BUSINESS PARK FOR REID P. )
MERRILL Jr. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-4-98/ PPUD-1-98/ PP-3-98
The above-entitled conditional use permit, planned unit development preliminary development
plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission
for their recommendation on July 6, 1998. The public hearing was closed at that time, and 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:
Reid P. Merrill is requesting Conditional Use, Planned Unit Development
Preliminary Development Plan, and Preliminary Plat approvals for Rocky
Mountain Business Park. The development consists of 26 lots on 40+ acres and is
generally located between State Street and the Highway 44 Alternate Route
extending from the north/south section of State Street (extension of Edgewood
Lane) eastward approximately V2 mile.
B. APPLICATION SUBMITTAL:
The applications for this item was received by the City of Eagle on June 4, 1998.
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 19, 1998. 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 18, 1998. Requests for agencies'
reviews were transmitted on June 5, 1998 in accordance with the requirements of
the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 15, 1997, the City approved the design review application (DR-15-
97) for an indoor recreation facility to be located on this site.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use & MU (Mixed Use) & C-2 Vacant & Commercial
Commercial (General Business District)
Proposed No Change No Change Commercial Uses
North of site Mixed Use, Commercial MU (Mixed Use), C-2 Commercial/
and light industrial (General Business District) Residentiall
and M-l (Light Industrial) Agricultural/Light
Industriall Vacant
South of site Publici Semi-Public A (Agriculture) State Highway 44/
Agriculture
East of site Commercial, Industrial C-2 (General Business Commerciall
District), M-IA (Industrial Residential/
Park District) Agricultural/ Vacant
West of site Mixed Use & Publici MU (Mixed Use), C-2 Vacant & Commercial
Semi-Public (General Business
District), PS (Public Semi-
Public)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. SITE DATA:
Total Acreage of Site - 40.23
Total Number of Lots - 27 - However, 2 of the lots are not a part of the PUD
Residential - 0
Commercial - 26
Industrial - 0
Common - 1 (Eagle Drain)
Total Number of Units - None proposed with the preliminary Development Plan
Single-family - 0
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
Note: The applicant has stated that the total number of lots may change with the final
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development plan and has agreed to consider adding some multi-family residential, if
feasible, upon submittal of final development plan.
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre n/a n/a
Minimum Lot Size 29,517 sq. ft. MU Zone - 7,000 sq. ft.
C-2 Zone - 1,300 sq. ft.
Minimum Lot Width 75-feet MU Zone - 50-feet
C-2 Zone - 25-feet
Minimum Street Frontage n/a n/a
Total Acreage of Common Lots 0 0
Percent of Site as Common Area 0% 0%
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 9-3-7(a) requires 20-foot wide landscape strips to screen
adjacent incompatible features such as highways, railroads, commercial or
industrial uses from proposed residential properties and the City of Eagle
Comprehensive Plan Land Use Map shows a significant area of land to be
public/semi-public along Highway 44.
The applicant is proposing a 35-foot wide (average) landscape strip (with
pathway) along Highway 44. The applicant is required to submit a subdivision
landscape plan for review and approval by the Design Review Board prior to
approval of any final development plans, and landscape plans for each proposed
development are to be reviewed and approved as a part of any individual design
review application.
Open Space:
Eagle City Code does not provide for a minimum area of open space for non-
residential development. However, minimum landscape requirements will need to
be met upon review of individual design review applications for the site. In
addition to areas of open space which the applicant states will be provided within
the PUD when final development plans or design review applications are
submitted, the applicant is providing over two acres of land for the landscape strip
along Highway 44.
Storm Drainage and Flood Control:
Street drainage plans have been submitted by the applicant as required by the
Subdivision Ordinance. Specific drainage system plans are to be submitted to the
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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&R's 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:
Staff is not aware of any existing natural features currently existing on the site
which would be required to be preserved. However, at the beginning of June the
City was made aware of mature trees that were cut down on this property. The
total width of the remaining tree trucks equal 112-inches in caliper. Jerry
Stallsmith, Certified Arborist, was asked to assess the conditions of the trees. He
was unable to make a determination on condition or valuation because only the
stumps remain. Staff is in the process of trying to obtain pictures of the trees so
the Arborist can assess their value.
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.
J. STREET DESIGN:
Private or Public Streets: Public
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
One 300-foot long cul-de-sac is proposed with a circular turnaround with a 50-
foot radius.
Sidewalks:
The applicant is proposing 5-foot wide meandering concrete sidewalks on each
side of all streets except along the Eagle Drain. 5-foot wide sidewalks on each
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side of the proposed streets will be required by ACHD. The City typically
requires sidewalks, where feasible, to meander.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are
proposed for the interior streets.
Lighting:
Lighting for the proposed 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 names approved by the Ada County Street Names Committee are shown on
the attached correspondence from that committee.
K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
In addition to proposed sidewalks (see comments under sidewalks and above), the
applicant is proposing to construct a 10-foot wide asphalt pathway along Highway
44. Pathways connecting the Highway 44 pathway to the interior of the proposed
development are also planned.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in
all subdivisions as part of the public right-of-way or separate easement, as may be
specified by the City Council.
L. PUBLIC USES PROPOSED: Public pathway along Highway 44.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - Yes (approximately 4-acres along Highway 44)
Mature Trees - Recently removed without City approval (See "Preservation of Existing
Natural Features" above)
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: Eagle Drain along Plaza Drive
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
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Wildlife Habitat - unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF
REQUIRED):
See submitted EIS. No significant impact to floodplain since most of the
floodplain area will be developed as a pathway/open space area.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments which appear to be of special concern are noted below:
City Engineer:
All comments within the engineer's letter dated June 30, 1998, are of special
concern (see attached).
Central District Health
Eagle Fire Department
Eagle Sewer District
Eagle Water Company
Q. LETTERS FROM THE PUBLIC: None received to date.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
Per applicant - 2 years for infrastructure and several years for completion of
individual development of each lot. The applicant states that he believes the
project will be totally compete within 5-years.
S. EAGLE CITY CODE FINDINGS FOR A CONDITIONAL USE PERMIT, PLANNED
UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN, and
PRELIMINARY PLAT:
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.
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.
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5. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire 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 maj or 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 cased 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.
15. 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.
For a request of up to 10% of the gross land area to be directed to uses other than
residential (ie; commercial, industrial, public and quasi public uses that are not allowed
in the land use district):
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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:
. LAND USE MAP - MIXED USE - Most of this site is within the area designated as
Mixed Use. The applicant is proposing a mix of uses and will consider residential uses
upon review of final development plan.
. HAZARD AREA - Floodplain criteria apply to a small portion of the site along Highway
44. This area is mostly planned for pathway/open space in accordance with the goals and
objectives of the Comprehensive Plan.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Eagle City Code 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;
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provided, that there is a favorable finding 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.
. Eagle City Code Section 8-6-6-3 - Requires all final development plans to be reviewed by
the Planning and Zoning Commission as well as the City Council.
F. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
G. DISCUSSION:
. Although Lot 16, Block 1, and Lot 1 Block 2, are part of this subdivision they are not a
part of the Rocky Mountain Business Park planned unit development. Therefore, a note
should be provided on the final plat stating such.
. Regarding the applicant's proposal for C-2 uses within 10% of the MU zone - In
accordance with Eagle City Code Section 8-6-4 (noted above), staff would recommend
approval of 10% of the PUD to allow uses shown as permitted on the City's land use
chart under the C-2 zoning designation within the MU zone with the condition that the
abutting residential property owner to the east (The Farnworths) agree to C-2 uses.
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 the PUD and the only existing
abutting residential use (Farnwortth parcel) should be required to provide
written approval of the C-2 uses within this area of the PUD. If
residential uses are proposed with the final development plan the uses will
be reviewed so as to assure compatibility with each other.
B. That the uses are intended to serve principally the residents of the PUD;
This does not apply since there are no residences within the PUD and if
residential units are proposed with a final development plan the
residential units will be subordinate to the main use of the PUD which is
commercial.
C. That the uses are planned as an integral part of the PUD;
The C-2 uses will need to follow the same landscape and design theme as
the rest of the PUD and the roadways and pathways will need to connect
through the area.
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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 proposed plan shows that this will be the case.
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 within the PUD, and if
residential units are proposed with a final development plan the
residential units will be subordinate to the main use of the PUD which is
commercial. This is not a residential PUD.
. Eagle City Code Section 8-6-6-3, requires all final development plans to be reviewed by
the Planning and Zoning Commission as well as the City Council. This is partly to allow
for additional City review for flexibility needed for long range and large PUDs.
Therefore, staff believes that the lot configuration should be approved in concept only so
the PUD can allow flexibility for varying sizes of commercial development. The number
oflots should be permitted to be increased or decreased and lot lines should be permitted
to be adjusted as a part of any final development plan submitted to the City. Final
development plans should 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 or the community. If the City
determines that a public hearing should be held on the final development plan, notice
should be provided for (as was required for the preliminary development plan). The street
configuration should remain substantially the same.
. Regarding Eagle City Code findings for a conditional use permit, planned unit
development preliminary development plan, and preliminary plat - As a part of the
application submittal for this project, and in accordance with application submittal
requirement #14, the applicant has provided a 17 page document, dated June 4, 1998.
The document outlines how the applicant intends to guarantee that this project will meet
the Eagle City Code required findings for a conditional use permit, planned unit
development preliminary development plan, and preliminary plat. Staff has reviewed the
document and believes that the issues have been substantially addressed.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval 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 application was held before the Planning and Zoning Commission on
July 6, 1998. Testimony was taken, the public hearing was closed and the Commission made
their recommendation at that time.
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B. Oral testimony in opposition to the application was presented no one before the Planning and
Zoning Commission.
C. Oral testimony in favor of the application was presented by one individual before the
Planning and Zoning Commission.
COMMISSION DECISION:
The Commission voted 4 to 0 (Farnworth abstained from discussion and vote) to
recommend approval of CU-4-98, PPUD-I-98 & PP-3-98 (ROCKY MOUNTAIN BUSINESS
P ARK) with the following staff recommended site specific and standard conditions of
approval with text shown with strike-thru to be deleted by the Commission. (Note: The
Commission heard testimony on all three applications at one time but took separate action
on each application.)
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Place a note on the final plat stating, "Although Lot 16, Block 1, and Lot 1 Block 2, are part
of this subdivision they are not a part of the Rocky Mountain Business Park planned unit
development." With the exceptions of site specific conditions #8, #11, and #14, all other
conditions of approval of this application also apply to Lot 16, Block 1, and Lot 1 Block 2.
2. As provided for within Eagle City Code Section 8-6-4, up to 10% (approximately 4.02-acres)
of the land area zoned as MU (Mixed Use) within the planned unit development (PUD) may
be used for any commercial use shown as a "Permitted Use" under the C-2 zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations".
3. Provide a written statement, to be recorded, from the easterly property owner (The
Famworths) generally stating that they, as well as any future owners of the property, hereby
waive their right to oppose any use permitted within the City's C-2 zoning designation which
may be proposed within the Rocky Mountain Business Park PUD.
4. The lot configuration is approved in concept only. The number of lots shall be permitted to
be increased or decreased and lot lines shall be permitted to be adjusted as a part of any final
development plan submitted to the City. Final development plans should 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 or
the community. 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). The street configuration shall remain substantially the same.
5. Comply with the conditions outlined within the application review letter provided by the
City's Engineering firm, Holladay Engineering.
6. Upon review of a final development plan for this PUD the City shall encourage multi-family
residential uses located on the second floor of non-residential uses and/or apartment and/or
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condominium projects, if feasible, to provide an appropriate mix of uses as intended by the
mixed use zone. This condition of approval is intended to be suggestive not mandatory.
7. Place a note on the final plat providing for cross access between all parcels.
8. Place a note on the final plat allowing for cross access between Lots 2, 3 and 4 of Block 3
and the property to the east.
9. Design Rocky Mountain Way to allow for a driveway/or roadway connection to the property
abutting the east side of Lot 4, Block 3.
10. Provide an on-site landscape strip to be an average of 35-feet in width along Highway 44.
Landscaping shall be reviewed and approved the Design Review Board prior to City Council
approval of the final development plan/final plat.
11. CORstruet a 10 [oat wide BieyeleipedestriElfl pathway geRerally as Sh.OVIfl aR the preliFRiRlif)'
dlweloflFReat fllan and flrelimiRB:l}' plEtt slismitted to the City '?lith this applieEttioR, with. the
0xceptioR thEtt eonstmetion of the pEttk.','ay along Lat Hi, Bloek 2 (existing residential
dwelling) shall Flat Be required l:intil an applieEttioR for a de,..elopFRent flroposal is sl:iBFRitted
for thEtt pareel.
12. The pathways shall be within an easement (generally as stated within note #9 on the
submitted preliminary plat) to be reviewed and approved by the Zoning Administrator.
13. The pathways and meandering sidewalks shall be constructed in the locations generally as
shown on the Preliminary Development Plan submitted to the City with this application.
14. The applicant shall plant street trees at approximately 35-foot on center on both sides of all
proposed streets (except where may be prohibited by Drainage District #2). Where possible,
trees shall be placed between the sidewalk and street curbing. The planting plan shall be
reviewed and approved by the Design Review Board.
15. Provide historic lighting at a spacing similar to that which was required in front of the Rocky
Mountain Fitness Center (approximately 75-feet apart) along the south side of Plaza Drive.
Where possible, lights shall be placed between the sidewalk and street curbing and shall be
close to intersections, driveways and pedestrian pathway intersections. Lighting plan shall be
reviewed and approved by the Zoning Administrator.
16. Other than on Plaza Drive, provide historic lighting at approximately ISO-feet apart along
both sides of all streets. Where possible, lights shall be placed between the sidewalk and
street curbing, and shall be close to intersections, driveways and pedestrian pathway
intersections. Lighting plan shall be reviewed and approved by the Zoning Administrator.
17. Provide lighting for the pedestrian pathways. Lighting plan shall be reviewed and approved
by the Zoning Administrator.
18. Building setbacks shall be as stated within note #7 on the submitted preliminary plat.
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19. A Flood Plain Development Permit application shall be submitted to and approved by the
City prior to commencing any work within the 100-year flood plain.
20. Lot 1, Lot 2 and Lot 5, Block 1, shall be redesigned to allow for an extension of Steirman
Way or Palmetto Avenue connecting to Highway 44 in alignment with the planned public
street to the south which was required by the Ada County Highway District on the Eagle
River proposal currently under review by the City.
21. Provide a note on all deeds or all final plats or provide a development agreement generally
stating that, "All property owners shall agree to participate in an LID, or similar funding
method, which may be initiated by the City to provide crossings of Highway 44 between
Eagle Road and the intersection of State Street with Highway 44 (approximately one mile
east of Eagle Road). Two pedestrianlbicycle overpass or underpass crossings (one
approximately 100- feet east of the Eagle RoadlHighway 44 intersection and another
approximately 100-feet east of the Stierman Road/Palmetto Avenue extendedlHighway 44
intersection) shall be provided. Also, at grade intersection enhancements, such as
landscaping, crosswalk pavers and signage, for pedestrian safety and comfort at the
intersections of Highway 44 and Eagle Road, Highway 44 and Stierman Road/Palmetto
Avenue extended and Highway 44 and State Street (east of Eagle Road) shall be provided."
22. Lot 2 and Lot 5, Block 1, shall be redesigned, and sufficient right-of-way shall be provided,
to allow for a pedestrianlbicycle overpass or underpass crossing approximately 100-feet east
of the Stierman Road/Palmetto Avenue extended/Highway 44 intersection.
23. An approval letter from Drainage District #2 shall be provided to the City prior to the City
Clerk signing any final plats. Any conditions and easements required by the ditch company
shall be shown and/or shall be referenced on the final plat.
24. In addition to any required trees, if the City determines that additional trees are to be
provided to replace the mature trees which were removed (I 12-inches in caliper) without City
approval, the number, placement and size of those additional trees shall be reviewed and
approved by the Design Review Board.
25. Provide a license agreement, approved by ITD and/or ACHD, allowing the right-of-way
between this site and the edge of pavement along State Highway 44 and State Street to be
landscaped.
26. Provide bus stops as may be recommended by Boise Urban Stages. A bus stop shall be
provided at or near the recreation center.
27. All uses shown as permitted or conditional uses under the MU (Mixed Use 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 still require approval of a conditional use permit or amendment of
the PUD:
a. Mobile Home (Single Unit)
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b. Mobile Home (Single Unit Temporary Living Quarters)
c. Mobile Home Park
d. Kennel
e. Mobile Office
f. Riding Academies/Stables
g. Storage (Fenced Area)
h. Public Service Facilities
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 (I.c. 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 ofthe 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.
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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.
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 final 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.
11. 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 (1) 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 final 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
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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.
b. 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..
c. 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 square feet, and 1,500 gallons per minute for non-residential uses
(ie; Commercial, Industrial, Schools, etc.). Flow rates shall 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.
d. 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 and approved 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 and approved by the Eagle City Attorney prior to the City Engineer signing the
final 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.
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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 final plat prior to
approval ofthe final plat by the City Council.
20. 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".
21. 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.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the
time of City Council consideration of the final plat.
23. 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 ofthe final plat by the City Engineer.
24. 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.
25. Basements in homes in the flood plain are prohibited.
26. 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.
27. 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 confirmation of any change from the City of Eagle.
28. 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
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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.
29. 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.
30. 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.
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CONCLUSIONS OF LAW:
1. The applications for these items were received by the City of Eagle June 4, 1998.
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 ordinanc~s on June 19, 1998. 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 18,
1998. Requests for agencies' reviews were transmitted on June 5, 1998 in accordance with
the requirements ofthe Eagle City Code.
3. In accordance with Eagle City Code findings for a conditional use permit, planned unit
development preliminary development plan, and preliminary plat the Eagle Planning and
Zoning Commission makes the following conclusions for CU-4-98, PPUD-I-98 & PP-3-98
(ROCKY MOUNTAIN BUSINESS PARK), as proposed with the conditions recommended herein:
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;
It will generate increased tax revenue for the schools, libraries, fire departments, law
enforcement and city parks needed by the City of Eagle. The current property taxes
for the entire 43 acres are approximately $4,900 per year in its current use and
configuration. The conceptual plan for Rocky Mountain Business Plaza consists of
approximately 294,000 square feet of building space. The project economic model
forecasts that when completely developed, or built-out, the property taxes generated
at today's building, development, and land cost multiplied by today's property tax
multiplier will be somewhere between $425,000 and $500,000 per year. In effect, tax
revenues could increase over $420,000 a year, or $4,200,000 in ten years, in property
tax alone from this development.
The conceptual plan currently calls for 24 buildings. There could be between 300 and
700 new jobs created here. The applicant's analysis states that these new jobs could
account for $10,000,000 to $20,000,000 in payroll, depending on what types of
businesses move or relocate here. Besides the new jobs created at the development,
there would naturally be many additional follow-on jobs created to service the
businesses at the development. This revenue will help to make up for the loss of
business to the Central Business District that was brought about when the Eagle
Bypass was built. This development is in downtown Eagle, and the people that fill
these new job positions will naturally stay in the downtown area to eat and shop
throughout the day. These new job positions could be filled by the people that live
here in Eagle who no longer want to spend their time commuting to downtown Boise
or elsewhere to work. They may live close enough so that they can walk or ride their
bike to work.
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A greenbelt 25-feet to 35-feet wide will extend the full length of the property adjacent
to the new Eagle Bypass. The greenbelt will be fully landscaped. There will be an
abundance oflandscaped area and meandering sidewalks throughout the complex and
around the buildings and parking areas to facilitate walking to and access around and
between the many buildings. The green belt and the sidewalks will add to the beauty
of the complex and the surrounding area. These sidewalks could be used throughout
the day for walks during breaks at work, physical exercise, and family walks in the
evenmg.
This development will allow companies to bring their businesses to Eagle so that
Eagle residents will have more services and amenities available here in Eagle for their
use. It will mean less traveling because more of what Eagle citizens need will be
available here. This will enhance and draw people from outside the immediate area to
do business here and at downtown Eagle's Central Business District. At the north end
ofthe project the new Rocky Mountain Fitness & Recreation Center will be in the
center of a nucleus of planned health care related businesses.
In summery, the Commission concludes that this project will be beneficial to the
economic welfare of the community and will add new types of businesses benefiting
the citizens of Eagle.
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;
Rocky Mountain Business Plaza has been designed to follow the City of Eagle
preferred concept idea, with parking generally behind the buildings away from the
streets, desirable looking walls and fenestrations facing the by-pass and streets, and an
abundance oflandscaping with walking paths and bike lanes. The new streets, when
completed, will ease traffic movement in downtown Eagle. Covenants, Conditions
and Restrictions (CC&R's) are being created that will require that the development
plan be followed and meet the specifications set forth.
The applicant is following the current City of Eagle's Comp Plan (the 1997
Comprehensive Plan, adopted on October 14, 1997). Rocky Mountain Business Plaza
enhances the appearance of the general vicinity because it is a fully planned
development with architecturally designed buildings that will have very pleasant
looking walls and fenestrations. Around the buildings will be ample parking and
mature landscaping with easy street access to and from the parking areas. All of the
land area and buildings adjacent to the development is zoned MU / C-2 / PS 1M-I.
The property is currently zoned MU and C-2. The land and all of the adjoining lands
will generally be harmonious in use.
As per the City of Eagle's Planned Unit Development Code Title 8-6-4: Uses
Permitted: "Up to ten percent (10%) of the gross land area may be directed to other
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commercial, industrial, public and quasi-public uses that are not allowed within the
land use district...." Under this "land use criteria and acceptability", the site will
incorporate 1 0% of the 43 acres, or 4.3 acres, for a use other than what it is zoned for
(as C-2 General Business District uses instead ofMU Mixed Use District uses).
3. That the development will not be hazardous or disturbing to existing or future
neighborhood uses because;
This development is planned to exclude businesses that utilize hazardous or odorous
material or that will be extremely noisy. The completion of the three new streets in the
development and the completion of Plaza Drive by the other land owners down to the
Albertson's area will make it easier and less hazardous to drive around in downtown
Eagle. Plaza Drive will be an extension of Hill Road. ACHD's future plans call for Hill
Road traffic to come down and run across State Street and onto Plaza Drive. Traffic can
travel along Plaza Drive to Eagle Road or can turn and go down State Street to Eagle
Road or to the Bypass. Eagle's 2nd Street, proposed Rocky Mountain Way, and probably
other streets will intersect with Plaza Drive. These new roads, with new sidewalks
adjacent to them, and new intersections will make walking and driving in downtown
Eagle much easier. New sidewalks and streetlights will provide a safer pedestrian
environment throughout the project and help to make downtown Eagle more user
friendly. The new bike path down the green belt in the development creates for bikes and
pedestrians an alternative path to riding along the edge of Highway 44/55.
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;
This development will exclude any out of the ordinary uses, activities, processes,
materials, equipment, and/or conditions of operation that may be detrimental to any
persons, property or the general welfare by reason of excessive production of traffic,
noise, smoke, fumes, glare or odors. The businesses planned for the Rocky Mountain
Business Plaza are medical office complexes, health care related offices and businesses,
offices with smaller size warehouses, research facilities, retail, restaurants, large offices,
tire stores, specialty stores, computer related businesses, The Rocky Mountain Fitness
and Recreation Center and possibly residential units.
5. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water
and sewer, and schools because;
This development is between State Street and Eagle Bypass 44/55 and has easy access to
both. ACHD has reviewed the conceptual design plan and supports the proposed street
layout. The new streets will enhance the flow of traffic in downtown Eagle. When the
redesigned Eagle Road is complete, there will be five traffic lanes as well as bike lanes
that will run from 1-84 to the Eagle Bypass in downtown Eagle. The new Eagle Road
will allow traffic to flow more smoothly and timely from many parts of the valley,
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including Nampa, Caldwell, Meridian, and East, South and West Boise, to and from the
City of Eagle and the Rocky Mountain Business Plaza. State Street 44 and Highway 55
will allow traffic from North Boise and the Horseshoe Bend area easy access to Rocky
Mountain Business Plaza. Highway 44 traffic from Emmett and the Star area will also
have easy access to this development. This traffic will bring people who may utilize all
of the downtown businesses. Plaza Drive, when completed from State Street to Eagle
Road, will allow traffic another route parallel and adjacent to State Street and could ease
any congestion that might occur in downtown Eagle. The new businesses and additional
services at the Rocky Mountain Business Plaza in downtown Eagle can minimize traffic
trips for the people living in Eagle because they can now do their business here.
Because Rocky Mountain Business Plaza is in downtown Eagle, fire and police
protection is close at hand. The projected additional tax base has been estimated to cover
the additional cost for their services. New drainage structures, water lines, sewer lines
and utilities will be constructed as a part of the development. Eagle Water will provide
the water. BFI will provide the disposal service. The Eagle Sewer District will provide
the sewer service. Idaho Power will provide electrical power. Intermountain Gas
Company will supply the gas. Construction of the new water system at this development
will provide a looping segment, which will improve fire protection for downtown Eagle.
Because this is planned to be mostly a commercial development, a positive impact on the
school system is projected due to the additional tax base with minimal, if any, increase in
the number of students.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services because;
Typically, commercial developments generate substantially more public revenue than
residential developments through impact fees and property taxes. The developer and/or
builders will pay for the infrastructure of this development. Improvements created by the
project will include new streets, sidewalks, street lighting, public green ways, sewer,
water, electrical, natural gas, and telecommunications. Adjacent properties will benefit
from much of this installed infrastructure. The looping of the water system will enhance
the downtown fire protection.
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 master plan provides for the continuation of the City-planned greenbelt along the
Bypass. The green belt will consist of approximately a 25-foot to 35-foot wide bermed
area with a meandering sidewalk. The greenbelt area will be fully landscaped.
Throughout the development and adjacent to all proposed streets, landscaped berms with
detached meandering sidewalks will be constructed. These walkways will provide
enhanced public pedestrian circulation throughout the project and the downtown area.
Locating the building sites in a nucleus parking and landscape area with sidewalks
running between the buildings will create a "campus" theme for the development.
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8. That the vehicular approaches to the property are designed to not create an interference
with traffic on surrounding public thoroughfares because;
ACHD has reviewed the preliminary master plan showing the proposed streets and curb
cuts. ACHD staff has indicated that the design fits in with accepted engineering criteria
and that traffic flow in downtown Eagle will be enhanced with this project.
Plaza Drive, which intersects State Street, is included in ACHD's Functional
Classification Map as a new collector road. Hill Road will come down and intersect State
Street, where it then becomes Plaza Drive. Plaza Drive from this intersection will run
down to Eagle Road adjacent to the new Albertson's store. Rocky Mountain Way will
align with State Street Access East where it crosses State Street Access West (State
Street). Rocky Mountain Way basically runs parallel with State Street and the Eagle
Bypass. These new roads can lighten the traffic on State Street and other existing roads
downtown and will facilitate the ease of driving, parking and the ingress and egress to
parking areas. This second route will make it easier to utilize the businesses in the
Central Business District. The additional roads can ease traffic, allowing persons to feel
more comfortable slowing down to find the businesses or stores they are looking for or
see a new business they didn't even know existed.
9. That the development will not result in the destruction, loss, or damage of a natural,
scenic or historic feature of major importance because;
Research of the proposal and site to date shows that project construction will not cause
any destruction, loss or damage to any 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 because;
As per "The 1997 Comprehensive Plan - City of Eagle, Idaho", which is the current and
most recent comp plan, the 43 acres involved in this PUD are designated MU (Mixed
Use), Commercial, and public/semi-public.
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;
All zoning and design review criteria will be met and/or exceeded. Landscaping, parking
and architectural requirements as currently required by city ordinance and as outlined in
the current comprehensive plan will be met or exceeded.
The following are direct responses to some of the City of Eagle's Title 8 sections:
8-1-1: D-l. All streets dedicated to the Ada County Highway District will meet ACHD
requirements or what is required by this Code, whichever holds the higher standard.
There are no "private streets" planned at this time.
8-2A-7: A&B etc. The applicants supplied a conceptual landscape plan prepared by The
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Land Group, Inc. Landscape Architects of Eagle, Idaho. The only building in this
PUD/subdivision land area designed at this time is the Rocky Mountain Fitness and
Recreation Center. The landscape plan for the fitness center has already been designed
specifically for this particular lot and building. As each lot is developed and buildings
are designed, a landscape plan will be developed and submitted for approval at that time
by applicants. The conceptual landscape plan, by requirement, will generally be
followed. A building or group of buildings could have landscaping designed specifically
for them, but the design would still have to be approved and the conceptual landscape
plan followed.
8-2A-8: Sign Requirements. No signs have been designed at this time. The applicant
plans to submit the sign designs to the City of Eagle for approval at a later date as
buildings are designed and developed or as signs are designed.
8-4-5: Schedule of Parking Requirements. Parking will be required to meet Eagle City
Code provisions. Approximately 1,470 parking stalls are planned for Rocky Mountain
Business Plaza, currently averaging 1 parking stall for each 200 square feet of total floor
area. Additionally, under Title 8-2A-6: 4-D, shared parking is anticipated to be
incorporated into the design. Shared parking ingress and egress are also incorporated into
the development plans.
8-6-3: Ownership Requirements. The owners of the property are filing this PUD
application. The owner of this property is the Rocky Mountain Fitness and Recreation
Center, LLC. The owners of the Rocky Mountain Fitness and Recreation Center, LLC
are Beverly P. Merrill, Manager; Richard P. Craycroft, Manager of Accounting; and Reid
P. Merrill, Manager of Development. This is a family owned company. Reid P. Merrill,
as Manager of Development and by legal authority, will be signing for the PUD and/or
development. The Rocky Mountain Business Park is owned entirely by The Rocky
Mountain Fitness and Recreation Center, LLC.
8-6-5-5: Arrangement of Commercial Uses: The PUD consists of MU and C-2 zoning.
All of the buildings and establishments in this development will be considered as
commercial use, except for possible residential development that may be proposed upon
review of final development plans. The conceptual plans call for this development to
have a "campus theme", which consist of groups of buildings located in a nucleus parking
landscape area with landscaping and sidewalks running between.
8-9-8: Designation of Historic Properties or Historic Landmarks: Based upon the review
to date there are no Historic Properties or Historic Landmarks involved with or adjacent
to the property.
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;
The proposal does not deviate from the standard district regulations. The applicant is
closely following the "Policies and Goals" set forth in The 1997 Comprehensive Plan and
the general and/or specific objectives of Eagle City Code Title 8. This proposed
development meets the standard district regulations. This development will have a very
good interrelationship with the surrounding area. By removing old buildings, bringing in
new businesses, and adding new streets with ample landscaping, the surrounding area will
be enhanced. These improvements could also bring in more people to associate with the
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adjacent and surrounding business.
13. For a request of up to 10% of the gross land area to be directed to uses other than those
permitted in the zone:
A. That the uses are appropriate with the residential uses because;
No residential uses are proposed with the PUD and the only eXlstmg
abutting residential use (Farnworth parcel) is required herein to provide
written approval of the C-2 uses within this area of the PUD. If residential
uses are proposed with the final development plan the uses will be
reviewed so as to assure compatibility with each other.
B. That the uses are intended to serve principally the residents of the PUD;
This does not apply since there are no residences within the PUD and if
residential units are proposed with a final development plan the residential
units will be subordinate to the main use of the PUD which is commercial.
C. That the uses are planned as an integral part of the PUD because;
The C-2 uses will need to follow the same landscape and design theme as
the rest of the PUD and the roadways and pathways will need to connect
through the area.
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 because;
The proposed plan and ACHD responses show that this will be the case.
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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 within the PUD, and if
residential units are proposed with a final development plan the residential
units will be subordinate to the main use of the PUD which is commercial.
This is not a residential PUD.
DATED this 20th day ofJuly, 1998.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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