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):
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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
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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
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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
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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.
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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:
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. 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
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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:
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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:
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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~
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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.
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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.
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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
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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
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