Loading...
Findings - PZ - 2007 - A-19-06/RZ-25-06/PP-19-06 - A/Rz From Rut To M-U-Da/Castlebury West Business Park/8.52 Acre/6615 N Meridian Road ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION, REZONE, AND ) PRELIMINARY PLAT FOR CASTLEBURY ) BUSINESS PARK FOR CAPITAL ) DEVELOPMENT, INC. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-19-061RZ-25-06 & PP-19-06 The above-entitled Annexation, Rezone, and Preliminary Plat applications came before the Eagle Planning and Zoning Commission for their recommendation on January 22,2007. 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: Capital Development, Inc, represented by Van Elg with The Land Group, is requesting an annexation and rezone from RUT (Rural Urban Transition) to M-U-DA (Mixed Use with Development Agreement), and preliminary plat approval for Castlebury West Business Park. The 8.52-acre site is generally located on the northwest comer of West Chinden Boulevard (SH 20/26) and North Meridian Road at 6615 North Meridian Road. B. APPLICA TION SUBMITTAL: A Neighborhood Meeting was held in compliance with the application submittal requirement of Eagle City Code at 6:00 PM, November 21,2006. The Applications for this item were received by the City of Eagle on November 22, 2006. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on January 2, 2007. 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 December 27,2006. The site was posted in accordance with the Eagle City Code on January 10, 2007. Requests for agencies' reviews were transmitted on November 8, 2006, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A On January 16, 2007, the Eagle City Council approved a comprehensive plan amendment (CPA-09-06) from Transitional Residential (Ada County designation) to Professional Office for this site. E. COMPANION APPLICATIONS: All applications are inclusive herein. CPA-09-06 Comprehensive Plan Amendment from Transitional Residential to Professional Office. F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): Page 1 of 15 K:\Planning DeptlEagJe ApplicationslSUBS\2006lCastlebury West Business Park pzf.doc The City is requesting a development agreement to ensure the development of the property is consistent with the Comprehensive plan and vision of the City of Eagle. G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Transitional Residential RUT (Rural Urban Transition- Agriculture Ada County Designation) Proposed Professional Office* MU-DA (Mixed Use with Professional Office Development Agreement) North ofsite Transitional Residential RUT (Rural Urban Transition- Agriculture/Church Ada County Designation) South ofsite RUT (Rural Urban RUT (Rural Urban Transition- SH 20/26 - Agriculture Transition - Ada County Ada County Designation) Designation) East of site R-l (Residential up to R-l (Residential up to one unit Single family residential one unit per acre) per acre) subdivision West of site Transitional Residential R-l (Residential up to one unit Agriculture per acre) * An application to amend the Comprehensive Plan for this property from Transitional Residential to Professional Office was approved by the City Council on January 16,2007. H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA I. SITE DATA: Total Acreage of Site - 8.52 Total Number of Lots - 10 Commercial- 6 (Office) Common/Other - 4 Total Number of Residential Units - 0 Single-family - 0 Existing - 0 Proposed - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 15 K:\Planning DeptlEagJe ApplicationslSUBSI2006\Castlebury West Business Park pzf.doc Additional Site Data Proposed Required Dwelling Units Per Gross Acre N/ A - Office N/A Minimum Lot Size 18,469 sq. ft. 7,000 sq. ft. Minimum Lot Width 88 ft. (approximately) 50 ft. Minimum Street Frontage 38.96 ft. 35- ft. Total Acreage of Common Lots 2.7-acres 2.7 -acres minimum Percent of Site as Common Area 10% 10% J. GENERAL SITE DESIGN FEATURES: Landscape Screening: Eagle City Code does not require landscape screening or a buffer in a commercial development. However, the applicant is proposing a thirty foot (30') wide landscaped screen and buffer along the portion of the development fronting Chinden Boulevard (SH 20/26). All berming, fencing and landscaping details, including any proposed pump houses for pressurized irrigation, are required for Design Review Board review and approval prior to submittal of a final plat, or prior to the issuance of a building permit, whichever occurs first. Open Space and Design: Eagle City Code section 8-2A-7 requires that landscaping shall cover a minimum of ten percent (l 0%) of the property. Hardscape plaza areas, such as decorative concrete/paver patios that are integrated into the design of the landscaped area, may be included in the ten percent (10%) landscape coverage requirement. Storm Drainage and Flood Control: Eagle City Code section 8-4-3 requires that all parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. Drainage plans shall be reviewed and approved by the city engineer and, for any side abutting a public street, such plans shall be reviewed and approved by the Ada County highway district, or highway district having jurisdiction. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than twelve feet (12') wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the fire district that has jurisdiction over the property. On-site Septic System (yes or no) - no, the applicant will extend the existing mainline sewer, located 200 feet north of the proposed site and on the west side of North Meridian Road. Preservation of Existing Natural Features: Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to Page 3 of 15 K:\Planning DeptlEagJe ApplicationslSUBS\20061Castlebury West Business Park pzrdoc oopJzd ~l1!d SS,U1sna IS'M A.mq'llse::>I900ZlsaOSlsuo!lIlO!lddV '~3\ldO(] ~U1U1l1!ld\)1 ~ IJO t :llllld OU - llll!qllH qS!d ou - UO!SOJ3 JO :l:)U:lP!A3 :lUOU - UJ:l:luo:J IlllU:lWUOJ!AU3 (ll:l!l!l:J JO Sll:lJY :SffilO.l Y3d 3.lIS-NO 1VJ:J3dS "0 SlS!X:l AllU:llln:l dllw oN :dVW SNOI.lISUlO:JY ffilfll.fH NO NMOHS S3Sfl :JI18fld oN o:lAOqll p:llOU "llil!s:lO pUll :l:llldS u:ldO" :l:lS :03S0dOMd S3Sfl :JI18fld ow p:lsodOJd :lUON :sqllld :l)[!8 OSll:lJ\lllu!ddoqs JO s)[J\ld 'slooq:lS Ol uO!luln:lJp Ull!llS:lp:ld lU:l!U:lAUO:l U!lllqo Ol AlllSS:l:l:lU :lJ:lqM p:lJ!nb:lJ :lq AUW S)[:lOlq lluo( ]0 :lIPP!W :lql U! SAUM)[IUM Ull!llS:lp:ld JOJ AUM -Jo-lqllp '(-(-6 UO!P:lS :lpo:J Al!:J :llllu3 J:ld :sAuMqludjSAUM)[IU M. Ull!llS:lP:ld :NOI.lY1fl:J~I:J 31:JA:JI8INYrnlS303d 3lIS-ddO ONY NO 01 O(UAOJddu lUld luu!J :lJoJ:lq P:ll:lldwo:l :lq Iluqs S:lWllU l:l:lllS JO SUO!lll:l!J!pOW AUY "lUld Iuu!d U ]0 luu!wqns :lql Ol JO!Jd p:lJ!nb:lJ S! :l:lU!wwo:J :lWllN l:l:lllS Aluno:J upy :lql Aq IUAOJddu :lUJ\lU l:l:lllS :S:lWUN l:l:lJlS "IUAOJddu lllld (uu!J :lql :lJO]:lq P:ll:lldwo:l :lq Iluqs slqll!J :lql Ol :lpUW SUO!lU:l!J!POW AUY oluld luu!J :lquo luu!wqns :lql Ol JO!ld JOlllllS!U!Wpy llu!uoZ Al!:J :lql Ol p:lp!AOJd :lq Iluqs SUO!lU:l!J!:l:lds llu!lqll!J puu uo!lu:l01 op:lJ!nb:lJ S! Sl:l:lllS :l!Jqnd p:lsodoJd :lql JOJ llU!lqlln :llU!lqlln oll:lM Sll Sl:l:lllS IUUJ:llU! :lql JOJ p:lsodoJd :lJ\l S)[IUM:lp!S p:lq:llll:lp :lp!M CS) lOOJ :lA!d "l:l:lllS U!J\lAU8 lS:lM. pUll pllO~ UU!P!J:lW qlloN llu!luo.IJ :ll!S :lql JO UO!llod qllou pUll lSU:l :lql lluolll SJ:lUnll pUll sqm:l P:lIlOJ ql!M )[IUM:lP!S p:lq:llll:lp llu!l:lpull:lW :lP!M (S) lOOJ :lA!J IlnlllSU! Ol S:lsodOJd lUll:l!Jddu :lq.l :S)[IUM:lp!S pUll 'SJ:lUnO 'sqJn:J "(l:l:lllS Il!lllAU8lS:lM.) p:lsodoJd S! PUnOJ\l-UJlll pU:lqJ:lwwllq :lp!M COS) lOOJ Ay!J pUll lluol Con) lOOJ on :lUO :p:lsodOJd S:lIlS-:lP-ln:J :ull!s:lO :lIlS-:lP-ln:J "ll\ldlll:l:lJ OS( AI:llUW!xOJddu SPUllIS! p:ldu:lspuu( O,\\l ql!M :lp!M Cst) M!J-,.\lJ!ql :lq II!M l:l:lllS p~sodoJd:lq.l "punOJU-UJlll pll:lqJ:lWUJ\lq U ql!M S~lUU!WJ~l pUll puo~ UIl!P!J:lW qlloN WO.IJ lS:lM :lql Ol :ll!S :lql JO AJ\lpUnoq UJ:lqllou :lql lluo(u SPU:llX:l ',.\lJ:ldoJd :lql Ol lU!od SS:l:l:lU A\UO :lql 'l:l:lllS Il!lllAu8 lS:lM. :Sl:l:lllS :l!lqnd :NDIS30 l33~lS ")I O:lllllS :lql Ol UO!lIl:l!J!lOU :llU!P:lWW! s:lJ!nb:lJ MUI :lllllS 'p:lJ:lAO:lS!P :lJ\l SPIl]!ll\l\Il:l!JOlS!q AUU ':ll!S :lquo lU:lwdol:lA~P JO uO!luAIl:lx:lllu!Jnp JI op:lAJ:ls:lJd:lq Ol p:lJ!nb:lJ :lq PlnoM q:l!qM :ll!S :lql UO Sl:lSSIl \U:lPOlS!q llU!lS!X:l AUU JO :lJUMU lOU S! J]lllS :Sl~SSY [1l:l!IOlS!H llu!lS!X3 JO UO!lIlAJ:lS:lJd OUO!S!A!pqnS :lqlJo ull!s:lp :lql U! p:lAJ:ls:lJd :lq lIuqs (Sl:lSSU :llqll:l:lll\d:lll! J\l1!W!S pUll Slods :lpOlS!q 's:lsJnO:lJ:llUM 'S:l;:Jll SIl q:lns) Al!unwwo:l :lql JO SS:lU~A!pUmU :lql :l:lUllqu~ pUll lU~wdopA:lp IIl!lU:lP!S:lJ Floodplain - no Mature Trees - no Riparian Vegetation - no Steep Slopes - no Stream/Creek: no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. Q. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments which appear to be of special concern are noted below: City Engineer: All comments within the Engineer's letter dated December 14, 2006, are of special concern. Chevron Pipeline Central District Health Department Department of Environmental Quality Eagle Sewer District Idaho Power Idaho Transportation Department R. LETTERS FROM THE PUBLIC: To date, no letters have been received from the public. S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to construct the development in one phase. T. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See justification letters attached to the staff report date stamped by the City on November 22,2006, (incorporated herein by reference). U. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The letter from the Eagle Sewer District states that the District has not annexed this property and that the applicant will need to submit a petition for annexation. United Water Company has stated in a letter to the City that this site is serviceable. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: CHAPTERS-ECONONUCDEVELOPMffiNT 5.5 Implementation Strategies f. New commercial development outside of the Central Business District should complement the Central Business District and Eagle's rural identity. CHAPTER 6 - LAND USE Mixed Use Page 5 of 15 K:\Planning DeptlEagJe ApplicationslSUBS\2006ICastlebury West Business Park pzf.doc 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. 6.5 Goal To preserve the rural transitional identity. 6.6 Objectives To encourage the preservation of open spaces. 6.7 Implementation Strategies b. Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, police, fire, recreational areas, highways and transportation systems. I. Farm related uses and activities should be protected from land use conflicts or interference created by residential, commercial, or industrial development. The Idaho Right To Farm Act should be promoted. CHAPTER 8 - TRANSPORTATION 8.6 Implementation Strategies a. Work in conjunction with the Ada County Highway District (ACHD), Idaho Transportation Department (ITD), and Ada Planning Association (APA) to classifY roadways on the City of Eagle Transportation/Pathway Network Maps #1 and #3 incorporated into this Comprehensive Plan by reference. The Maps are to assure conformity to designations as delineated on the Land Use Map. The maps shall be provided to the Ada Planning Association for input into the Ada Planning Association's Functional Street Classification Map and Regional Transportation Plan. b. Integrate all modes of travel to support air quality improvement measures. c. Encourage roadway design standards that are consistent with the Idaho Transportation department (ITD), Ada County Highway District (ACHD), Ada Planning Association, and other agencies that may be responsible for roadway planning and design. \. Encourage street lighting to increase roadway and neighborhood safety while preserving a rural environment free of any unnecessary lighting. o. Encourage arterial and collector roadway design criteria consistent with the rural nature of planned and existing developments generally within the areas designated on the Land Use Map as Residential Rural (one dwelling unit per five acres maximum) and Residential Estates (one dwelling unit per two acres maximum). Such designs should include the following: 2. Sidewalks and/or pathways should meander and be separated from any roadway edge or curb to allow for added pedestrian safety. Topography, trees, ditches and/or similar features may limit the distance between sidewalks and/or pathways and the roadway edge. Easements may be needed if portions of the sidewalk and/or pathway is to be located outside of the right-of- way. Page 6 of15 K:\Planning DeptlEagJe ApplicationslSUBS\2006ICastlebury West Business Park pzf.doc 3. Unless otherwise determined by ACHD to be necessary for public safety, roadways should be a maximum of two lanes with a center turn lane only at driveways and/or street intersections that are expected to generate a minimum of 1000 vehicle trips per day, or where determined to be necessary for safety by ACHD. Any portion of a center turn lane which is not used for such a driveway or intersection should be landscaped. Such landscaped medians would need to be maintained by the City and would require a license agreement with the highway district having jurisdiction. 4. The roadways should be constructed to provide a bike lane on both sides of the roadway. CHAPTER 12 - COMMUNITY DESIGN 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. d. The City Design Review Ordinance shall set forth criteria for building design, landscaping, signage and other aesthetic standards. 12.5 Eagle Tree Plan 12.5.1 Goal To establish and enhance areas of tree growth that will create beauty, add to a healthy environment and increase economic stability. B. SOARING 2025 PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . 6.41 Rim View Planning Area 6.41.3 Design of commercial and office uses should be compatible with the existing residential uses and contain significant landscaped buffers and design elements. Scale of the commercial development should be similar to the Eagle Marketplace and provide for pedestrian linkages to the residential areas adjacent to the site. C. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . 9-4-1-6 (FX2) Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot (8') wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with three inch (3") minimum caliper shade class trees along all streets within the subdivision. D. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Page 7 of 15 K:\Planning DeptlEagJe ApplicationslSUBS\2006ICastlebury West Business Park pzf.doc . Eagle City Code Section 9-3-4 (A) Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary. Total easement width shall not be less than twelve feet (12'). . Eagle City Code Section 9-4- I -6 (F) (2,3 & 6) Sidewalk Design: 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County Highway District. 3. Sidewalks shall be separated from the edge of the abutting roadway and / or back of curb by a minimum five-foot (5') wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with 3-inch minimum caliper shade-class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with Section 8-2A-7 of this Code.E. E. DISCUSSION: . The applicant is requesting an annexation and rezone from RUT (Rural Urban Transition) to M-U- DA (Mixed Use with Development Agreement), and preliminary plat approval for Castlebury West Business Park. Currently, the 8.32-acre parcel is used for agricultural purposes. The applicant is proposing a professional office complex with six (6) office lots. The only existing structure on the property is a shed which will be removed from the site prior to the City Clerk signing the Final Plat. . Eagle City Code does not require roadside buffer areas in commercial developments, however the preliminary plat date stamped November 22, 2006 by the City does provide a thirty foot (30') buffer area between the property and Chinden Boulevard (SH 20/26). Height and landscaping of the buffer area will be subject to the City's design review process. . The preliminary plate date stamped by the City on November 22, 2006, does not show pedestrian pathways internal to the site. The applicant should provide a revised preliminary plat showing the internal pedestrian circulation for review and approval by the design review board prior to submittal of the final plat application. . The preliminary plat date stamped by the City on November 22, 2006, indicates that sidewalks in this development will be attached. Per Eagle City Code, sidewalks are required to be detached with an eight foot (8') wide planter strip separating the sidewalk from the curb and street. The applicant should provide a revised preliminary plat showing all sidewalks to be detached for review and approval by the design review board prior to submittal of the final plat application. . Lot 1, Block 1 is proposed to function as joint parking area for the development. A cross access and joint parking agreement is not currently detailed for the site. The applicant should submit a cross access and joint parking agreement for review by the City Attorney prior to submittal of the final plat. . Staff recognizes the significance of this project along an entry corridor ofthe City (SH 20/26) and recommends that the architecture of the structures be similar in detailing so to provide a uniform and pleasant gateway to the City and the neighboring residential uses. Staff recommends the use of an architectural control committee to ensure this consistency. . The preliminary plat date stamped by the City of Eagle on November 22, 2006, indicates that twelve foot (12') easements will be located on all lot lines adjacent to a public right-of-way. Per Eagle City Code Section 9-3-6, unobstructed utility easements are to be provided along front lot lines, rear lot lines and side lot lines when deemed necessary. In a letter from the city engineer date Page 8 of 15 K:\Planning DeptlEagJe ApplicationslSUBS\2006ICastlebury West Business Park pzf.doc stamped December 13, 2006 by the City it is recommended that in commerciaVoffice subdivisions it may be appropriate to designate blanket easements across all lots. . In a letter date stamped December 07, 2006 by the City of Eagle the Eagle Sewer District indicated that the property has not yet been annexed and that the applicant will need to submit an application for annexation. The applicant should complete the annexation process with the Eagle Sewer District prior to submittal of final plat. . The property is within United Water's service area. . The proposed design of this subdivision complies with the technical requirements (or will pursuant to the conditions outlined herein) of Eagle City Code and includes aesthetic features such as a landscaped buffering and common areas for employees and visitors. . Idaho Transportation Department has requested a minimum of 100 feet from the center line of Chinden Boulevard (SH 20/26) be provided in a separate lot to accommodate future highway expansion. The current plan shows forty feet (40') of existing right-of-way and thirty feet (30') of buffer in a separate lot for a total of seventy feet (70'). STAFF RECOMMENDED FINDINGS: . Rezone: With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided to staff to date, staff believes that the proposed rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: . The requested zoning designation of MU-DA (Mixed Use with a development agreement) is consistent with the Professional Office designation as shown on the Comprehensive Plan Land Use Map; . 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 all uses allowed on this property under the proposed zone; . The proposed MU-DA zone (Mixed Use with a Development Agreement) is compatible with the Transitional Residential zones and land uses to the north since this area currently agricultural in use and platted for future development; . The proposed MU-DA zone (Mixed Use with a Development Agreement) is compatible with the Transitional Residential zone and land uses to the west since that area has the same Comprehensive Plan designation as this site. . The proposed MU-DA zone (Mixed Use with a Development Agreement) is compatible with R-I (Residential, one unit per acre maximum) zone to the east since this area will be buffered from the proposed development by a thirty (30') berm and Meridian Road. . The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and . As stated in the Development Agreement, the applicant will remove all existing structures on the site, therefore, no non-conforming uses are expected to be created with this rezone. . Preliminary Plat: With regard to Eagle City Code 9-2-3 (DX3)(a) "Action by the Commission and Council", and based upon the information provided to staff to date, staff believes that the proposed preliminary plat is in accordance with the City of Eagle Code because: Page 9 of 15 K:\Planning DeptlEagJe ApplicationslSUBS\2006lCastlebury West Business Park pzf..doc a. The development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the findings provided within this document and the proposed residential use is in accordance with the residential land use designation of this area shown within the Comprehensive Plan; b. The development will be served adequately by essential public facilities such as streets, police and fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; c. That there are no known capital improvement programs for which this development would prevent continuity; d. That based upon agency verification and additional written comments of the Eagle Fire District and Eagle Sewer District, as conditioned herein, there is adequate public financial capability to support the proposed development; e. That any health, safety and environmental problems that were brought to the Commission and Council's attention have been adequately addressed by the applicant or will be conditions of approval as set forth within the conditions of approval herein STAFF RECOMMENDATION PROVIDED WITlllN THE STAFF REPORT: Based upon the information provided staff recommends approval of the requested Annexation, Rezone, and Preliminary Plat with conditions as 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 January 22, 2007. The Commission made their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission from no one (not including the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. COMMISSION DECISION REGARDING THE REZONE AND DEVELOPMENT AGREEMENT: The Commission voted 4 to 1 (Aspitarte against) to recommend approval of A-19-06 and RZ-25- 06 for an annexation and rezone from RUT to MU-DA with the following staff recommended conditions to be placed within a development agreement with underlined text to be added by the commission and text shown with strike through to be deleted by the commission. Commissioner Aspitarte voted against the motion for approval of A-19-06 and RZ-25-06 on grounds that the developer does not plan to provide for the 100' of right-of-way from center line on Chinden Boulevard (SH 20/26) as recommended by the Idaho Transportation Department. 2.1 The "Professional Office" uses of the property as allowed within the City Code Section 8-2-3 "Schedule of District Use Regulations" under the MU zoning designation: Page 10 of 15 K:\Planning DeptlEagJe ApplicationslSUBS\2006ICastlebury West Business Park pzf.doc a) Banks/financial institutions (no drive up service) b) Office, business and professional c) Office, medical and professional d) Artist Studios e) Clinic t) Communication Facilities g) Home and Business Services h) Laboratories i) Photographic Studio j) Printing/Blueprinting k) Professional Activities 1) Travel Services m) Research and Development n) Research Activities 2.3 The development shall comply with applicable sections in the Eagle City Code, as it exists in final form at the time a EiesigR Feyiew application is made, including compliance with all of the conditions as provided within this development agreement. 2.4 The conditions, covenants and restrictions for the Property shall contain at least the following: a) 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. b) A requirement for all fencing within the development to be open-style such as wrought iron, extruded aluminum (like wrought iron), or three-rail-type wooded decorative fencing. All other fencing (ie. cedar fencing, vinyl, chain link) shall be prohibited, except for decorative wall located within any buffer shall not be required to be "open style". c) Parking shall only be allowed in the designated parking areas. d) A maintenance manual for the drive aisles requiring that association(s) shall have the duty to maintain and operate all of the drive aisles providing access to the individual lots including the repair and replacement of asphalt and sidewalks. 2.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries and approving the final construction plans prior to submittal of the final plat application. 2.6 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&R's (which include a similar statement regarding the common areas) for the review and approval by the City attorney prior to the approval sf tile &jlflFfJyal of the first final plat. The CC&R's 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 perpemity~ Page 11 of 15 K:\Planning DeptlEagJe ApplicationslSUBS\2006ICastlebury West Business Park pzf.doc 2.7 The applicant shall provide for approval by the Eagle Design Review Committee and City Council suggested architectural standard for the development. Eagle Design Review Board and Eagle City Council approval of 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 subdivision CC&S's CC&Rs. 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 final plat. 2.8 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 herein or other design requirements as may be stipulated by the Eagle Design Review Board and Eagle City Council. 2.9 /\ letter Elf ~prEl'/al shall be prElviaea tEl the City frElIR the Eagle Sewer Distriet iRaieatiRg that the prElperty has beeR RfIReKeO iRto the Eagle Sev.'er Distriet's ser.-iee bOllRoaries aRa ~previRg the fiRal eoastruetioR plllfls prior to SllblRittal of the fiR1i1 plat applieatioR. 2.10 The developer shall remove all structures (houses, barns, sheds, etc.) from the site prior to the City Clerk signing the Final Plat. Demolition permits shall be obtained prior to the removal of said structures and approval permits for the removal of the existing well and septic prior to submittal of a final plat application. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 4 to 1 (Aspitarte against) to recommend approval of PP-19-06 for a preliminary plat for Castlebury West Business Park with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission and text shown with strike through to be deleted by the commission. Commissioner Aspitarte voted against the motion for approval of PP-19-06 on grounds that the developer does not plan to provide for the 100' of right-of-way from center line on Chinden Boulevard (SH 20/26) as recommended by the Idaho Transportation Department. SITE SPECIFIC CONDITIONS OF APPROVAL: I. Comply with all conditions within the development agreement for rezone application RZ-25- 06. 2. Comply with all conditions and restrictions for the comprehensive plan amendment application CP A-09-06. 3. Comply with all building height and setback restrictions and conditions per Eagle City Code Section 8-2-4 for the MU (Mixed Use) zone. 4. The applicant shall provide a revised preliminary plat that shows the five foot (5') minimum sidewalks along both sides of West Bavaria Street to be detached from the street by an eight foot (8') planter strip. 5. The applicant shall provide a revised preliminary plat showing internal pedestrian pathways sidewalks. 6. The applicant shall provide a permit or license agreement from ACHD and ITD approving the landscaping located within the public right-of-way abutting and within this site, prior to the submittal of a fmal plat. Page 12 of 15 K:\Planning DeptlEagJe ApplicationslSUBS\2006ICastlebury West Business Park pzf.doc 7. Extend the landscaping within the required buffer area along State Highway 20/26 to within nine feet (9') from the edge of pavement. The nine feet (9') between the landscaping and the edge of pavement (along the entire frontage of this site) shall be graveled as approved by lTD. The gravel shoulder area shall be maintained and kept free of weeds and debris. 8. If separate pressurized irrigation system is required, provide detailed building elevations of any structures proposed to house the pressurized irrigation pump. The detailed elevations, colors and materials shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. 9. Useable amenities such as bike racks, bollards, garbage cans, and/or similar amenities as determined by the City Council shall be provided within the open space areas. Landscape plans showing open space amenities shall be reviewed and approved by the Design Review Board prior to the City approving a final plat. 10. Comply with all requirements of the City Engineer. 11. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this project, prior to the City Clerk signing the final plat. 12. Comply with all requirements of the Ada County Highway District and the Idaho Transportation Department. 13. The applicant shall provide three inch (3") minimum caliper shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot on the side lot lines, or as approved by the Design Review Board and within five-feet (5') of the edge of the roadway. Prior to the City Clerk signing the final plat, the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements within the swales (borrow ditches). Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. 14. The applicant shall provide a landscape plan showing berming, fencing, and planting details within the buffer area along Chinden Boulevard (SH 20/26) and Meridian Road for review and approval by the Design Review Board, prior to submittal of the final plat application. Landscaping for the respective phase shall be installed prior to the issuance of any occupancy permits within the subdivision. 15. The applicant shall complete the annexation process with the Eagle Sewer District for the property prior to final plat approval. 16. The applicant shall submit a design review application showing any proposed signage and a landscape plan showing planting details within the proposed landscape islands for review and approval by the Design Review Board prior to the submittal of the final plat approval. 17. The applicant shall submit a design review application with a landscape plan showing planting details and screening details for any type of irrigation facilities for review and approval by the Design Review Board prior to the submittal of a final plat. If proposed, a pump house shall be located to comply with all required setbacks for the MU-DA zoning district. 18. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 19. All street lighting shall incorporate the principles of "Dark Sky Lighting" to negate the effects of light pollution. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. Page 13 of 15 K:\Planning DeptlEagJe ApplicationslSUBS\2006ICastlebury West Business Park pzf.doc 20. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building penn its for the site. 2 I. All street names shall comply with the requirements of the Ada County Street Naming Committee. CONCLUSIONS OF LAW: I. A Neighborhood Meeting was held at 6:00 PM, November 22, 2006, in compliance with the application submittal requirement of Eagle City Code. The annexation, rezone and preliminary plat applications for this item were received by the City of Eagle on November 26, 2006. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on January 2,2007. 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 December 27, 2006. The site was posted in accordance with the Eagle City Code on January 10, 2007. Requests for agencies' reviews were transmitted on November 8,2006, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed annexation and rezone (A-19-06/RZ-25-06) 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 upon annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of MU-DA (Mixed Use with a development agreement) is consistent with the Professional Office designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed MU-DA zone (Mixed Use with a Development Agreement) is compatible with the Transitional Residential zones and land uses to the north since this area currently agricultural in use and platted for future development; d. The proposed MU-DA zone (Mixed Use with a Development Agreement) is compatible with the Transitional Residential zone and land uses to the west since that area has the same Comprehensive Plan designation as this site. e. The proposed MU-DA zone (Mixed Use with a Development Agreement) is compatible with R-l (Residential, one unit per acre maximum) zone to the east since this area will be buffered from the proposed development by a thirty (30') berm and Meridian Road. f. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and g. As stated in the Development Agreement, the applicant will remove all existing structures on the site, therefore, no non-conforming uses are expected to be created with this rezone. 4. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat (PP-19-06) and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 9 (Subdivisions) because: a. The requested preliminary plat complies with the density of the approved zoning designation ofMU (Mixed Use); and Page 14 of 15 K:\Planning DeptlEagJe ApplicationslSUBS\2006ICastlebury West Business Park pzf..doc b. The subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the findings provided within this document and the proposed mixed use is in accordance with the professional office use designation of this area shown within the Comprehensive Plan; c. The subdivision will be served adequately by essential public facilities such as streets, police and fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part ofthe conditions of approval; d. This development is in continuity with the capital improvement program since the required public improvements are required as conditioned herein, or are expected to be installed with the development of individual lots as conditions of approval; and e. That based upon agency verification and additional written comments from Eagle Sewer District, Ada County Highway District and United Water, or as conditioned herein, there is adequate public financial capability to support the proposed development; f. That any health, safety and environmental problems that were brought to the Commission and Council's attention have been adequately addressed by the applicant or will be conditions of approval as set forth within the conditions of approval herein. DATED this 5th day of February 2007. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho \"" ."~ --' -- ., ~--' ... ' (-Jas(),h Pierce, Chairman ATTEST: .,.......". ;", OF B-1 ....... ,.....<\............ O~ ". '" v..... ..<..~ '. # """OR-1..'-' ~ : · 0'" '':'-'' ~ ! Iv v.,: : * . -.- : * : . . . . \. ..~ SEAL..";.: : ... -.n ''-0 .. " 11',. ..011,. 1t.Q..~': tl!.,. . ORA... ,. "', of l' ....... to" "'" e OF \~ ".~ .".........,.. Page 15 of 15 K:\Planning DeptlEagJe ApplicationslSUBS\2006lCastlebury West Business Park pzf.doc