Findings - PZ - 2007 - A-15-06 & RZ-20-06 - A/Rz From Rr To Mu-Da/74-Unit Multi-Family/24.87 Acre/4831/4843 W Old Valley Rd
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR ANNEXATION AND REZONE )
FROM RR (RURAL RESIDENTIAL) )
TO MU-DA (MIXED USE WITH )
DEVELOPMENT AGREEMENT) FOR )
ORCHARD AT EAGLE, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-15-06 & RZ-20-06
The above-entitled annexation and rezone application came before the Eagle Planning and Zoning
Commission for their recommendation on December 4, 2006. The Commission left the public hearing
open and continued the item to the January 8, 2007, at which time additional public testimony was taken,
the public hearing was closed and the CommIssion made theIr recommendation at that time. Thc
Commission, having heard and taken oral and \Hitten testImony, and havmg duly conSIdered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Orchards at Eagle, LLC, represented by The Land Group is requesting approval of an
annexatIOn and a rezone with a development agreement from RR (Rural Residential) to
MU-DA (Mixed Use with a Development Agreement) for The Orchards at Eagle, a 74-
unit multI-family residential condominium housmg development. The 24.87-acre site IS
located 270 feet south of W. State Street, on the west sIde of S. Linder Road at 483 I and
4843 W, Old Valley Road,
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, Wednesday, August 30, 2006, on site in
compliance with the application submittal requirement of Eagle City Code. The
applications for the Annexation and Rezone were received by the City of Eagle on
September 6, 2006, The applicant submitted a revised concept plan on December 29,
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 October 16, 2006. Notice of thIS public heanng
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 Codc and Eagle City
Code on October 16,2006. Requests for agencies' reviews were transmitted on Septembcr
19,2006, in accordance WIth the requirements of the Eagle City Code. The site was posted
in accordance with the Eagle City Code on October 28, 2006
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A
E. COMPANION APPLICATIONS: N/A
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND lISE
DESIGNATION DESIGNA TION
Existing Mixed Use, Residential RR (Rural Residential-Ada Two single family
One, Floodway, and County designatlOn) residences located within
Scenic Corridor overlay their own parcels
Proposed No Change MU-DA (Mixed Use) with Multi-family residential
Development Agreement condominium
development
North of site Commercial Cl-DA (Neighborhood Single-family residence
Business District with
Development Agreement)
South of site Floodway RR (Rural Residential-Ada Boise River and gravel pit
County designation)
East of site Mixed Use, Residential RUT (Rural-Urban Smgle-family residence
One, and Floodway Transition- Ada County
designation)
West of site Mixed Use, Residential RR (Rural Residential-Ada Single-family residence
Estate, Residential One, County designation) and pasture.
and FIoodway
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 24.87-acres
Total Number of Units - 214
Duplex - 3
Multi-family - 17
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter dated September 6, 2006, provided by the applicant's
representative.
1. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable ):
The applicant is requesting a development agreement to meet the intent of the Eagle
Comprehensive Plan, specifically the Mixed Use development section, and to ensure that
the property is developed in a manner that protects the public interest and assures a
development that meets the vislOn for this area as anticipated by the City of Eagle.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Lynn Moser with Eagle Sewer District stated in correspondence that it will be necessary
for the applicant to petition to annex the subject property into the sewer disttlct for sewage
disposal prior to development of the site. The development is located in the City of Eagle
municipal water service area. The applicant is proposing to drill a community well to
municipal well standards and converting the water right to a mumcipal water right then
dedicating the system to the City.
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L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M, NON-CONFORMING USES: The homes located on the existing parcels within this development
are to be removed therefore, there will not be any non-conforming uses on site.
N. AGENCY RESPONSES:
The foIl owing agencies have responded and their correspondence is attached WIthin the staff
report. Comments, which appear to be of special concern, are noted below:
City Engineer: All comments withIn the engIneer's letter dated October 25, 2006, are of special
concern (attached within the staff report).
Chevron Pipeline
Eagle Fire Department
Eagle Sewer District
Idaho Department of Environmental Quality
Idaho Transportation Department
Joint School District No.2
O. LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates
this site as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limIted commercial, and
residential developments. Uses should complement uses withIn the Central Business District
(CBD), Development within this land use designation should be requIred to proceed through
the PUD and/or Development Agreement process, see specific planning area text for a
complete description.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal
Emergency Management Administration maps along the Boise River and Dry Creek
(Generally shown on the Land Use Map which is a part of this Plan). These areas are to
remain open space because of the nature of the floodway which can pose significant hazards
during a flood event. Also, the floodway areas shall not be considered as a part of the
minimum area of open space required (as required within the zoning ordinance) unless
developed as noted within this paragraph. Floodway areas shall be excluded from being used
for calculating permitted residential densities. Any portion of the floodway developed as a
substantially improved wildlife habitat area open to the public, or useable public open space,
such as a pathways, ball fields, parks, or similar amenities as may be approved by the City
Council, may be credited toward the minimum open space required for a development.
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When discrepancies exist between the tloodway boundary shown on the Land Use Map and
the tloodway boundary shown on the Federal Emergency Management Administration maps
such that the floodway area is smaller than that shown on the Land Use Map the adjacent land
use designation show shall be considered to abut the actual tloodway boundary.
When new floodway boundaries are approved by FEMA and/or the City, the tloodway area on
the Comprehensive Plan Land Use Map should be reVIsed to reflect any new floodway lme.
Residential One
Suitable primarily for single family residential development within areas that are rural in
character.
Scenic Corridor
An Overlay designation that is intended to provide sIgnIficant setbacks from major corridors
and natural features through the city. These areas may require berming, enhanced landscapmg,
detached meandering pathways and appropriate signage controls.
AMENDED 2000 COMPREHENSIVE PLAN, ADOPTED SEPTEMBER 14,2004
Chapter I
Overview
1.1
The purpose of the Eagle ComprehenSIve Plan is to promote the health, safety,
and general welfare of the people of the City of Eagle and its Impact Area as
follows:
b. To ensure that adequate public facilIties and services are provided to the
people at reasonable cost
d. To ensure that the important environmental features of the Cay and its Impact
Area are protected and enhanced.
g. To ensure that the development of land is commensurate with the physical
characteristics of the land,
h. To protect life and property m areas subject to natural hazards and disasters.
\. To protect fish, wildlIfe, and recreation resources,
Chapter 6 - Land Use
6.7 Implementation Strategies
a. Preserve the natural features and resources of Eagle.
m. Promote commercial service and retail development within the Central
Business District that contributes to pedestrian friendly environment.
p, Support City of Eagle flood and storm dramage regulations to achieve
protection of property rights, environmental protectIon and flood damage
reduction for community residents.
Natural Resources And Hazard Areas
Chapter 7
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7,8 Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas
within the Eagle Impact Area. Future areas may be added to the Comprehensive
Plan when deemed necessary.
Areas of flooding consists of two parts: (1) the floodway which IS the most severe
area of flooding characterized by deep and fast moving water; and (2) the
floodplain which IS less severe than the floodway and is characterized by
shallower and slower moving waters at the time of flooding.
A natural state, such as a greenbelt, a wildlife habitat, an ab'flcultural area, an open
space area, a recreational area and/or a nature area may be encouraged in the IOO-year
floodplain of the BOIse River and Dry Creek.
The flood way is shown as a generalized area only on the Land Use Map. The
Federal Emergency Management Administration (FEMA) maps show specifically
where the floodway and floodplain boundaries are located. (Also, see Eagle City
Code for definitions of terms relating to the floodplain areas,)
7.9 Goal
Special concern and attention should be given to the preservation of fish, wildlife,
water resources, air quality, agriculture, open space and recreation-nature areas
when implementing planning and zoning decisions.
Chapter 8 Transportation
8,3.0 City of Eagle Functional Pathway Classifications
8.3.1 Paths
Function:
To provide for recreation and alternative transportation; important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Location:
Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sIdewalk.
8.3.2 Bike Lanes
Function:
Primarily used as a lane for bicycles and other non-motorized uses.
Location:
Bike Lanes usually exist on the same pavement surface as motonzed lanes.
Arterials and collectors should be provided with bike lanes on each side of the
roadway.
8.4 Goal
Plan a transportation system to serve the planned land use of the City of Eagle and its
Area of Impact
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8.5 Objective
Encourage alternative transportation forms such as walking and biking.
8,6 Implementation Strategies
Integrate all modes of travel to support air quality improvcment mcasures.
Parks, Recreation And Open Spaces
9.5 Pathways And Grennbelts
Pathways are nonmotorized multi-use paths that are separate featurcs from bicycle
and pedestrian lanes constructed as a part of a roadway,
Greenbelts are typically land areas that border scenic features or hazard areas (i.e.
the Boise RIver and Dry Creek) and are designed to prevent undesirable
encroachment. Greenbelts may include pathways and/or bike lanes.
Chapter 9
9.5.1 Goal
To create a pathway system that provides interconnectivlty of schools,
neighborhoods, public buildings, bUSinesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that ret1ects desire to have a pedestrian and
bicycle friendly community.
b, To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportatiOn.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
h, Acquire pathway easements on the north side of the North Channel.
Special Areas and Sites
Chapter II
lI.l
Background and VisiOn
"Special Areas and Sites" are defined as areas, sites or structures of histoncal.
archaeological, architectural, ecological, or scenic significance. Special areas or
sites should be analyzed according to theIr defined function. Whenever possiblc,
these sites should be preserved and conserved as open spaces or for educational
and cultural centers. Development of Special Areas or Sites should take place in
manner that reflects harmony with their natural environment and recognized
qualities which render them distinctly unique,
The Boise River Floodplain, the Head of Eagle Island, the Dry Creek Floodplain,
and the North Foothills possess a recognized function as a wildlife habitat,
floodway and scenic natural resource reflective of Eagle's rural character.
These special areas will require comprehensive and speCific planning to ensure
that such topographical., hydrological, ecological, architectural and scenic
concerns have been thoroughly addressed and Incorporated into any engineenng
and development plans. The special reVIew process should include, but not be
limited to the following:
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Chapter 12
12.1
. Area wide drainage including hillsides, foothills and gulches
. Water quality
· Sanitation
. Area-wide traffic plans
. Pathways, trail access
. Wetlands issues
. Fish and wildlife habitat
. Existing trees and natural features
. River and creek greenbelt areas
. Potential for permanent open space and natural preserves includmg steep
hillside terrain, rock outcroppings and foothIll gulches.
11.2 Recognized Special Areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological
and scenic significance. The area comprises the two channels of the Boise River
and intervening and immediately adjacent areas as generally depictcd on the
Comprehensive Plan Land Use Map.
11,3 Goal
To promote the conservation and efficient management of all Special Area and
Sites.
11.4 Implementation and Strategies
a. Protect and improve natural and man-made waterways.
g, Preserve existing trees and establish appropriate landscaping as a part of new
developments.
h, Encourage the preservation of habitat areas which provide for fish and
wildlife.
1. The City may require developers to prepare and submit an environmental
assessment and any sllch additional reports as the City may from time to time
require, for any development on land within an area designated as a SpecIal
Area or Site or for any development impacting a deSignated Special Area or
Site.
Community Design
Background and Vision
Community design is the organized fashion in which a community is developed in
order that a general mood or theme is established and maintained.
Elements of the Eagle community design include: (a) a rural transitlOnal
community with a shopping district functionmg as the hub of the community: (b)
the Boise River and its floodplain with wildlife, trees, and recreation
opportunities; (c) the rolling hills north of the river; and, (d) a network of canals
which crisscross the community.
Development will occur in the downtown as well as along arterials. City growth
and increased traffic levels on Highway 44 and Highway 55 will stimulate
demand for new development along these entrances. These same corridors have
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great potential for more intensive mixed-use development.
12.4 Implementation Strategies
a, Establish and maintam a development pattern and design criteria in keeping
with the rural transitional identity of Eagle. This includes growth within the
Impact Area that discourages or precludes the establishment of other City
centers.
c. The floodway shall be reserved as a natural state such as a greenbelt, wildlife
habitat, and open space recreational area and for agnculturaluses.
d. The City Design Review Ordinance shall set forth criteria for building deSIgn,
landscaping, signage and other aesthetic standards. Development along State
Street within the Impact Area and outside the City limits shall be encouraged
to comply with the Design Review Ordinance.
e. Developments that would establish or tend to establish another CIty center
outside of the Central Business DIstrict should not be approved.
g. New residential, commercial, and industrial development shall be required to
meet minimum design standards as specified by City Ordmances.
k. Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridgelines as visual amenities,
I. Encourage the development of pathways and open-space corridors throughout
the City.
m. Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
B. SOARING 2025 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
Chapter I
Introduction
Chapter 4
1,3: Relationship To The Eagle City Zoning Ordinance:
Idaho Code 967-65 II states that "zoning districts shall be in accordance with the
adopted plan". In general this means that zoning must be "in keepmg" WIth a
comprehensive plan if one exists. Further the Eagle City Zoning code requires
consistency between the plan and zone at the time ofrezoning. AddItional zoning
classifications may be needed to ensure the accurate implementatIon of this sub-
area plan.
Public Facilities and Services
4. I Background
As the City of Eagle develops westward it is important to understand the vanety
and availability of services withm the area. Numerous special districts combine
with City services to protect and enhance the health safety and welfare of the
Eagle community.
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4.6 Domestic Water
Eagle Water Company, United Water Idaho (UWI) and the City of Eagle are the
maJor domestic water providers in and around the City. A few residentIal
subdivisions own and operate their own water systems and individual domestIc
wells are used in the City. The City contracts with UWI for the operation of the
City's water system. A new contract with UWl is In the process of approval that
provides for the continued contract operation of the City's water system. The
City also has an agreement with UWI and approved by the Public Utilities
Commission for UWI to provide fire and emergency storage.
In 2002, the City adopted a Water System Master Plan that defined existing and
future service areas. That plan is currently undergoing revisions to meet the
expanding service area and to include storage and major trunk lines ti'om Linder
Road to Highway 16, and from Homer Road to Highway 20/26.
4.6.1 Domestic Water Goals
Ensure a safe, reliable and cost-efficient water supply, distribution system and
storage reservoir to support water demands of current users and projected
demands of land development in accordance with the Eagle Comprehensive Plan.
Develop a groundwater supply and water storage system to provide for domestic,
emergency, and fire flows that meet federal, state and local standards and the
service demands of development.
4,7 Irrigation Water
The City of Eagle sets in an irrigated river valley partitioned by several maJor
irrigation systems operated by irrigation districts or companies. These entities
and the water resource they manage are an integral element in the development of
greenscape that typifies the Boise River Valley. This resource and distribution
network also provides significant recharge to the shallow ground water zone upon
which many wells and water amenities depend.
4.7, I Goals
Protect the existing irrigation system and increase use or reuse of the surface water
resource for park, residential and commercial landscape irrigation and water
amenities.
Maintain irrigation standards that promote the conservation and reuse of surface
water.
4.7.2 Objective
Ensure that new development incorporates existing Irrigation water for landscape
irrigation and water amemties when water rights are available on-sIte or by means
of appropriation or transfer.
Maintain surface water rights within general areas of use to ensure adequate
supply for the enjoyment of amenities such as city parks and greenbelts.
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4.8 Storm Drainage/Flood Control
Storm Drainage
With the continued construction of impermeable surfaces such as rooftops,
asphalt streets, and concrete dn ves, storm water run-off has become a matter
requiring increased control and management. ReceiVing streams abundant with
fish and other aquatic life must be protected from the pollutants that may become
concentrated in storm water. The City of Eagle has made significant progress in
setting standards for stonn water discharge by developing standards for surface
and subsurface discharge that are protective of receiving waters and assure long
term reliance of subsurface treatment facilities.
Flood Control
River front property provides a unique setting for homeowners and is a highly
sought after amenity for Eagle residents. The construction of homes abutting
rivers along this fragile but sometimes dangerous location presents challenges for
the City. Continued development and infill of the floodplain decreases the
response time and increases the intensity of flood events to downstream reSidents.
The City of Eagle has taken the lead in establishing "no net loss" and set-back
standards for protection of residents so that the continued development of these
areas will not be at the expense of safety of property owners.
4.8,1 Goals
Define efficient, cost effective and environmentally sound storm water, storm
drain, and flood control measures to protect existing and future land uses,
preserve public safety, protect surface and groundwater quality, and insure
compliance with federal and state requirements.
Support and promote water quality standards for surface and groundwater
protection,
4.8,2 Objective
Establish a standard for storm water design that will be protective over the life or
the facility.
Ensure that adequate flood control facilities are provided and mamtained to
protect citizens from a 1 OO-year storm event as defined by the National Flood
Insurance Program.
Protect major investments in infrastructure by requiring that vulnerable assets
such as roads and sewer facilities are constructed above the desib'11ated base flood
elevation.
Ensure that the cost of improvements to storm drain and flood control facilities
are borne by those who benefit from them.
4.8.3 Implementation Strategies
a. Require that adequate on-site treatment, storm drain and flood-control
facilities be constructed coincident with new development.
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Chapter 6
4,9 Sewer
Background
The Eagle Sewer District (ESD), established in 1963, is a publIc entIty separate
from the City of Eagle, the service area of which generally corresponds to the arca
within the Eagle City limits. ExtensIOns of the ESD service area are accomplIshed
by actions of the ESD Board of Directors, and for the most part match
annexations to the City, However, they do not have to match annexations to the
City either in location or in time. ESD serves all of the residential and commercial
users in the City that are receiving central sewer service. In addition to users
served by central sewer, many homes in the District's service area have disposal
by septIc tanks and drain fields. The District currently provides for wastewater
treatment to secondary standards with ultimate disposal through facilIties of the
City of Boise, under a long-term agreement between the District and the City of
Boise.
Land Use
6.4C Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combIning community
commercial, professional office, and a variety of residential densities. The vision
for the area is to recognize the activity center created by Eagle High School and
existing development approved by Ada County and to provide compatible land
uses at densities that accommodate pedestrian scale design and future mass transit.
6.4C 1 Uses
The land use and development policies specific to the Park Lane Planning
Area include the following:
The area located along Old Valley Road should be a mixture of reSIdential and
Professional Office with Limited Service Commercial. All uses along Old Vallcy
should be designed to be oriented to take access from Old Valley Road and to
encourage pedestnan movement through the area.
6.4C.2 Design
Old Valley Road Area:
The design of this area should capitalize on the existing Old Valley Road and
bring activlties and uses closer to the road, creating a pedestrian friendly area that
encourages walking as well as servicing auto traffic.
The Old Valley Road area should include street trees, benches and sidewalks.
6.4 F River Plain Planning Area
The River Plain Planning Area is designated as residential and open space.
This area should provide trails, open space, and parks in conjunction with
transitional residential densities. The overall density of the area ranges from
I unit per 2 acres to the north of the Boise River to 2 units per acre south of the
river with higher densities of 2-3 units per acre north of the rim transitioning into
clustered large lot residential use (1 acre lots) adjacent to the river.
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6.4F.l Uses
The land use and development policies specific to the River Plain
Residential Area include the following:
Open space and trail located adjacent to the river in conjunction with the
continuation of the regional trail system;
Setbacks from streams, ilTigation and drains for trails and open space;
Use of transitional lot sizes and clustering when new development abuts
existing subdivisions, business and office use to the north:
Feathering of lots sizes as densities transllion north from the rim to the
river;
North of the Boise River the lot patterns shall be a continuation of the
large lot clusters found in Moon Valley Ranch; 1 unit/2 acres.
Cluster subdivisions should provide permanent dedicated open space.
6.4F.2 Access
A pathway and trails network should be encourage providing pedestrians/bicycle
access along the Boise River corridor and from that corridor north Into the Moon
Valley Area and south into the higher density residentIal area.
6AF,3 Design
This area should be reco!,'Illzed as uniquely "Eagle" residential area providing
large lot residential uses (l-2 acres) with views of the Boise River combined with
moderate density residential areas (2-3 units/ acre) north of the rim.
The integration of lot sizes and densities should be seamless with continuity of
street design, open space. trails and housing throughout the area.
DeSIgn of lots and homes sites should take into consideration the scenic, wildlife,
and river corridor and provide sufficient setback and butTering to senSItive habitat
and flood way areas,
The property east of Moon Lake Ranch, designated as ReSIdential One, is to be
developed with two acre lots adjacent to Moon Lake Ranch transitioning to the
east with a density of I unit per acre.
6.4FA Issues
The main concerns in the development of the area are the integration of lot sIzes
and housing styles. The vision for the area is contingent on the integration of uses
and providing a flow of housing units throughout the area to avoid creating
defined separation from estate areas and moderate density area, for example.
Furthering the flow and provision of open space and trails through the area should
be key to development approval of the area. Commercial, retail and otTice uses
within this residential should be greatly limited. Commercial, retail and otTice
uses desiring to locate along the State Highway 16 corridor should be located in
the Chinden Road Planning Area or the Moon Valley & State Planning Area.
Special concern shall be made for the flood way and floodplaIn to limit uses that
are not consistent with the del1cate nature of these areas.
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C ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code, Section 8-1-2 defines Dwelling, Two-Family as:
A dwelling, consisting of two (2) dwelling units which may be either attached side by side
or one above the other.
· Eagle City Code, Section 8-1-2 defines Dwelling, Multi-Family as:
A dwelling consisting of three (3) or more dwelling units including townhouses and
condominiums with varying arrangements of entrances and party walls. Multi-famtly
housing may include public housing.
· Eagle City Code, Section 8-1-2 defines Open Space as:
A common area platted as a separate lot, provided within a recorded easement or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation dItches, and similar features shall not be considered as a
part of the minimum area of open space required,
· Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts arc: hereby established. For the interpretation of this title thc
zoning districts have been formulated to realize the general purposes as set forth in thIS
title. In addition, the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as
limited office, limited commerclal, and residential. This district is intended to ensure
compatibility of new development with existing and future development. It is also
intended to ensure assemblage of properties in a unified plan with coordinated and
harmonious development which shall promote outstanding design without unsightly and
unsafe strip commercial development Uses should complement the uses allowed within
the CBD zomng district All development requiring a conditional use permit in thc
MU zoning district, as shown in section 8-2-3 of this chapter, shall occur undcr thc
PUD and/or development agreement process in accordance with chapter 6 or 10 of
this title unless the proposed development does not meet the area requirements as sct
forth in section 8-6-5-1 of this title. In that case a cooperative development. In
conjunction with adjacent parcels (to meet the minimum area requirements), shall be
encouraged. Otherwise a conditional use permit shall be required unless the proposed use
is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter.
Residential densities shall not exceed ten (10) dwelling units per gross acre. When a
property is being proposed for rezone to the MlJ zoning district a development
agreement may be utilized in lieu of the pun and/or conditional use proccss if
approved by the city council provided the development agreement includes
conditions of development that are required during the pun and conditional usc
process.
· Eagle City Code, Section 8-2-3 Schedule of District Use Regulations:
Multi-family dwellings are allowed by Conditional Use within the MU (Mixed Use)
zoning designation.
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. Eagle City Code, Section 8-2A: Desi!,'11 Review Overlay District
8-2A-I: General Applicability:
This article applies to all proposed development located withll1 the design review
overlay district which shall include the entire city limits, and any land annexed
into the city after the date of adoption hereof. Such development includes, but IS
not limited to, new commercial, industrial, institutional, office, multi-family
residential projects, signs, common areas, subdivision signage, proposed
conversions, proposed changes in land use and/or building use, exterior
remodeling or repainting with a color different than what is eXisting, extenor
restoration, and enlargement or expansion of existing buildings, signs or sites, and
requires the submittal of a design review application pursuant to this article and
fee as prescribed from time to time by the city council.
The following are specifically excluded from the requirements of the design
review overlay district: development of an individual single-famtly detached
dwelling on a SIngle parcel, an individual duplex (2 dwellIng units), and an
individual town home consisting of a maximum of two (2) dwelhng units.
8-2A-2: Purpose And Goals:
A. Purpose: The purpose of this article is to:
I. Recognize the interdependence of land values and aesthellcs and to
provide a method by which the city may implement this interdependence
to the benefit of the community.
2. Encourage the development of pnvate property in harmony with the
desired character of the city and in conformance with the guidehnes
herein provided with due regard to the pubhc and private interests
involved.
3. Provide planning and design guidelines to give specific direction for
downtown development, while allowing for flexibihty that promotes
creative, market driven development proposals.
B. Goals: The general theme of the design review overlay distnct IS to specify
desirable building and landscape architectural styles and materials to create a
sustainable and pleasing environment for residents and viSItors ahke. The
architectural designs, materials, and graphics set forth in thIS article arc
compiled to create a theme unique to the area called "Eagle architecture".
8-2A-S: Design Review Overlay Disrtncts; Eagle Architecture And Site Desl!,'11 Book
(EASD):
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book
is to show, through the use of pictures and text, specific period architectural
styles, themes, and elements envisioned through the requirements of this article.
The EASD book, established through a resolution of the city council and as may
be amended through future resolution(s), contains all exhibits referenced in thiS
article and is incorporated herein by reference. However, exhibit A-I may only be
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modified through an ordinance amendment. The architecture styles found in the
EASD book are permitted styles. Architectural styles not shown within the
EASD book will not be considered. A copy of the EASD book is available at
Eagle city hall.
8-2A-7 (C): Landscaped and Buffer Area Requirements:
Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is
approved in writing by the city. Where trees are approved by the city to be
removed from the project site (or from abutting right of way) replacement
with an acceptable species is required as follows:
Existing Tree
Replacement
1 inch to 6 mches caliper 2x caliper of tree removed
6 1/4 inches to 12 inches l.Sx caliper of tree removed
12 1/4 inches or more
Ix cahper of tree removed
In all cases, planting within public rights of way shall be with approval Irom
the public and/or private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable
replacement would be three (3) 4-inch caliper trees or four (4) 3-inch caliper
trees,
2, Damage During Construction: ExistIng trees or shrubs that are retaincd shall
be protected from damage to bark. branches, or roots during construction.
Construction or excavation occurring within the drip line of any pubhc or
private retained tree or shrub may severely damage the tree or shrub. Any
severely damaged trce or shrub shall be replaced in accordance With
subsection C I of this section,
3. Grade Changes And Impervious Surfaces: Grade changes and Impervious
surfaces shall be allowed at a distance from the trunk of a retained tree equal
to the diameter of the tree trunk plus six feet (6'), or to the drip hne,
whichever is furthest from the trunk.
4, Minimum Landscaping: Existing vegetation which is to be retained may be
used to satisfy the mimmum required landscaping.
. Eagle City Code, Section 8-4-5 Schedule of Parking Requirements:
For the purpose of this title. the following space requirements shall apply:
RESIDENTIAL
For each unit with 2 or more bedrooms - 2 includmg 1
covered; for each 1 bedroom or studIO UnIt - 1.5 includll1g I
covered. 0.25 spaces per unit shall be provided for guest
parking. Adjacent on street parking spaces on a local street
may be credited toward the guest parking requirement
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Apartments or
multi-family
dwellings
. Eagle City Code, Chapter 6 Planned Unit Developments:
8-6- I: Purpose:
It shall be the policy to guide a major development ofland and construction by
encouraging planned unit development (PUD) to achIeve the followmg:
A. A maximum choice of living environments by allowing a variety of hOllsmg
and building types and permitting an increased density per acre and a
reduction in lot dimensions, yards, building setbacks and area requirements;
C A development pattern which preserves and utilizes natural topography and
geologic features, scenic vistas, trees and other vegetation and prevents the
disruption of natural drainage patterns;
8-6-5-2: Common Open Space:
A. Required Common Open Space: A minimum often percent (10'1..) of the
gross land area developed in any residentIal PUD project shall be reserved for
common open space and recreational facilities for the residents or users of the
area being developed.
B. Dedication Of Land For Public Use: A required amount of common open
space land reserved under a PUD shall either be held in corporate ownership
by owners of the project area for the use of each owner who buys property
within the development or be dedicated to the public and retained as common
open space for parks, recreation and related uses. Public utility and similar
easements and nght of way for watercourses and other similar channels are
not acceptable for common open space dedication unless such land or nght of
way IS usable as a trail or other similar purpose and approved by the councll.
C Maintenance: The responsibility for the maintenance of all open spaces shall
be specified by the developer before approval of the final development plan.
. Eagle City Code, Section 8-7-3-3 Public Sites and Open Spaces:
B. Natural Features: EXIsting natural features which add value to residential
development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and SImilar irreplaceable assets) shall be
preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large
scale developments, the council may require sufTicient park or open space
facilities of acceptable size, location and site characteristics that may be
suitable for the proposed development.
D. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Eagle City Code, Section 9-5-4: Planned Unit and Condominium Subdivisions
9-5-4-3: Site and Structure Requirements:
C. Storage Areas: Storage areas shall be provided for the anticipated needs of
boats, campers and trailers. For typical residential development, one adequate
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space shall be provided for every two (2) IIvmg units. This may be reduced by
the city council if there is a showing that the needs of a particular
development are less.
D. Parking Spaces: One additional parking space beyond that which is requited
by Title 8 (zonmg) of this code may be required for every three (3) dwelling
units to accommodate visitor parking,
E. Maintenance Building: A maintenance building shall be provided of such size
and in such location as IS suitable for the service needs that are necessary for
the repair and maintenance of all common areas.
E. DISCUSSION:
. The 2000 Comprehensive Plan designates this site as Mixed Use, Residential One,
Floodway, and Scenic Corridor on the Future Land Use Map, The lands to the east
and west are designated the same with the exception that the Mixed Use designation
extends further south on the subject property. The lands to the south are designated
Floodway and ReSidential One. The land to the north is desi!,'11ated Commercial and
Scenic Corridor; therefore staff believes that a MU-DA (Mixed Use with development
agreement) zoning classificatIOn for this site is appropriate to assure that all of the
objectives of each designation are achieved.
The applicant is proposing multi-family dwellings utilizing a
condominium/townhouse style of development. The Concept Plan for the
development shows a total of twenty (20) buildings housing seventy-four (74)
dwellings units with a proposed density of approximately four (4) dwelling units per
acre, excluding the portion of the property within the f1oodway. The 2000
Comprehensive Plan states that Floodway areas shall be excluded from being used for
calculating permitted residenl1al densities.
. The 2000 Comprehensive Plan designates the southern third of the site as Residential
One. The Soaring 2025 Comprehensive Plan also designates this area to be within the
River Plain Planning Area. The River Plain Planning Area calls for the density 111 the
areas north of the Boise River to be one (I) unit per two (2) acres. Although the
proposed dwellings are not located on individual lots the Concept Plan shows only
four (4) units located in this area, which is approximately one (I) unit per two (2)
acres. The number of units located south of the pond within the Comprehensive Plan
designated Residential One area should not exceed four (4) units as shown on the
Concept Plan date stamped by the City on September 6, 2006,
. Multi-family dwellings require a Conditional Use Permit within the MU (Mixed Use)
zoning designation. Developments reqUlring a condil1onal use permit in the MU
zoning district, as shown in section 8-2-3 of this chapter, shall occur under the PUD
and/or development agreement process in accordance with chapter 6 or 10 of Eagle
City Code. The applicant is proposing a development agreement in lieu of a Planned
Unit Development (PUD) for this development; therefore the findings and conditIons
usually found within a Conditional Use Permit will be placed within the rezone
findings and associated development agreement.
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. The applicant has indicated within the narrative that the desIgn and construction of the
homes within the project are significantly controlled by franchise issues and little
variation is allowed. Per Eagle City Code multi-family dwellings must meet one of the
required architectural styles as shown within the EASD book. Eagle City Code also
notes that architecture styles not shown within the EASD book w1l1 not be considered.
Though the proposed architecture style shown may be somewhat similar to a "Tudor"
style of architecture as shown within the Eagle Architecture and Site Design book the
proposed architectural style of the multi-family dwellings should be reviewed and
approved by the Design Review Board and CIty Council prior to issuance of a zoning
certificate.
. The Concept Plan date stamped by the City on September 6, 2006 shows the driveway
access to the townhouses located at the southeast corner of the pond to be located
within the required fifty foot (50') wide buffer area adjacent to Linder Road. The
applicant should provide a revised Concept Plan showing the driveway access for the
townhouses located at the southeast comer of the pond to be locatcd outside of the
required fifty foot (50') wide buffer area adjacent to Linder Road prior to submItting a
Design Review application,
. The proposed site lies within the Boise River flood way and floodplain as delineated in
the FEMA, Flood Insurance Rate Maps (Panel numbers 154 & 162) map reviSIon
dated February 19, 2003. The applicant's engineer has provided correspondencc
indicating that no development is to occur within the flood area and the concept plan
provided also shows that all development IS to occur outside of the tloodway and
floodplain area.
. As noted within the objectives of Chapter 9, Plan, for Parks, Recreation And Open
Spaces of the 2000 Eagle City Comprehensive, the City would like to acquire pathway
easements on the north side of the North Channel of the Boise River for a greenbelt
pathway system, The concept plan does not show a pathway easement or delineate a
pathway adjacent to the north side of the North Channel of the Boise River or note an
easement. The applicant should meet with the City's Park and Pathway Development
Committee prior to submitting a Design Review application to determine the locatIOn
of the required public easement and pathway requirements,
. The applicant indicated within the narrative provided with the application that the
public services to be provided directly by the development include the proVision of
usable open space, a community club house and pool, pedestrian pathways,
sidewalks, public streets, domestic water, pressurized irrigation, and sanitary sewer.
The Concept Plan date stamped by the City on September 6, 2006, shows the
development to be served by private access drives with no sidewalks adjacent to the
drive aisles, which contradicts what IS indicated wllhin the narrative regarding
sidewalks and public streets. A revised concept plan should be provided shOWing
sidewalks and/or pathways adjacent to both sides of the drive aisles providing access
to the units to provide pedestnan connectivity between the residential units prior to
submitting a Design Review application.
. The Concept Plan date stamped by the City on September 6, 2006, does not show
landscaping although a separate conceptual landscaping plan is provided. The
applicant should provide a revised Concept Plan which includes the project notes and
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K:\Planning Dept\Eagle App1icatil.msJ,zZ&A\2006\A-15-06 & RZ-20-06 pzf,dm:
shows the conceptual landscaping plan prior to submitting a Design RevIew
application.
. The Concept Plan date stamped by the City on September 6, 2006, shows private
drive aisles providing access from Old Valley Road and LInder Road to the
condominium and townhouses. If drive aisles are approved for provIdIng access to the
condominiums and townhouses the applicant should provide a maintenance and
operation manual for the drive aisles including a financing plan, to be submitted and
recorded with the conditions, covenants and restrictions (CC&R's) for thc
development.
. Note 8 of the Concept Plan (Site Plan) date stamped by the City on September 6,
2006, indicates the informatIOn shall not be binding on the applicant. Condition No.
3.2 of the staff recommended conditions to be placed within a development agrecment
contains language to address the conceptual plan. The applIcant should provide a
revised Concept Plan with the language "This information shall not be binding on thc
applicant" removed from Note 8 pnor to submitting a Design Review applIcation.
. The Concept Plan date stamped by the City on September 6, 2006, shows landscaping
in located within the twenty foot (20') wide setback area located on the western
boundary of the site. The applicant should submit a Design Review applIcation
showing landscaping located within the twenty foot (20') wide setback area on the
western property boundary to provide a butTer from the dwellIng units located
adjacent to the western boundary.
. ECC Section 9-5-4-3 (C) requires that storage areas be provided for the anticipated
needs of boats, campers, and trailers. The applicant has not specified how thc storage
of boats, campers, and trailers will be accommodated, whether in a centrally located,
screened enclosure, or upon each individual lot. Past City Council action as allowed
for storage to be addressed through the CC&R's requiring storage of boats, campers
and trailers to be off-site. If the Council determines that individual lot storage is more
appropriate than a common storage facility, the applicant should proVIde a copy of the
CC&Rs for review which define the proper storage of the boats, campers and traIlers,
whether on individual lots, centrally located, or off-site. If a common storage arc a is
required, then the applicant should be required to obtain design review approval and
should construct the storage area prior to the City Clerk signing the CondomInium
Plat.
. ECC Section 9-5-4-3 (E) requires that a maintenance building be provided of such
size and in such location as is suitable for the service needs that are necessary for the
repair and maintenance of all common areas. However, the applicant has not provided
information as to whether a maintenance building will be constructed on site or
whether an outside contractor will be hired by the homeowner's association to
maintain and service the common areas. Past City Council action has determined that
an outside maintenance contractor may be more appropriate than an on-site
maintenance building, provided the applicant includes in the CC&Rs provisions
which define the guidelines for the contracting of an outside maintenance firm. If a
maintenance building is required, then the applicant should be required to obtaIn
design review approval and should construct the maintenance building or provide a
copy of the CC&R's for review which define the guidelines for the contractIng of an
outside maintenance firm, prior to the City Clerk signing the Condominium Plat.
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K:\Planning Dept\Eagle Applications\I{Z&A\2006\A~15-06 & R/-20-0() pzf.Joc
. The proposed development is proposed to be platted utilizing a CondomInIum Plat:
therefore the area outside of the walls of the proposed dwelling units is common area.
The applicant should place a plat note on the face of the Condominium Plat IndIcatIng
that all drive aisles and common areas are to be maintained by the homeowner's
association.
. Eagle City Code Section 8-2A requires commercial, retail and attached housing
exceeding two units in number comply with the design criteria as set forth in thc Eagle
Architecture and Site Design manual. Section 3,3 of the proposed Developmcnt
Agreement requires all architectural plans be approved by the DeSign Review Board
and the Eagle City Council prior to the issuance of building permits.
. Brad Carlson, representing Pioneer Ditch Company Limited, contacted staff and
indicated there IS possibly an easement located on the southern portion of the site that
Pioneer Ditch Company utilizes for accessing their head gate for irrigation water. The
applicant should provide the City with documentation showing the location of the
easement providing access to the Pioneer Ditch Companies head gate, Should thc
easement be located within the development the easement should be noted and
delineated on the condominium plat.
. Site subject to Development Agreement under ECC Section 8-10-1.
. With regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the informatIOn provided to statY to date, staff believes that
the proposed rezone is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a, The requested MU-DA zoning designation is consistent with the Mixed Usc,
Residential One, Floodway, and Scenic Corridor land use designatIons 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 any and 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 RUT zone (Rural Urban Transitional) and land use to the east
since the required screening to be provided adjacent to Linder Road and Lindcr
Road will provide a buffer from this site:
d, The proposed MU-DA zone (Mixed Use with a Development Agreement) IS
compatible with the RR zone (Rural Residential) and land use to the west sincc
the conditions in the development agreement will require bufTenng and sctbacks
from the adjacent property:
e. The proposed MU-DA zone (Mixed Use with a Development Agreement) is
compatible with the C-l-DA zone (Neighborhood Business District with a
Development Agreement) and land use to the north since this area is currently
zoned commercial;
f. The proposed MU-DA zone (Mixed Use with a Development Agreement) is
compatible with the RR zone (Rural Residential) and land use to thc south sincc
this area is an abandon gravel pit and is buffered from the proposed developmcnt
by the Boise River;
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g. The land proposed for rezone is located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan, however the applicant is not
developing with in the flood hazard area; and
h. No non-conforming uses are expected to be created with this rezone.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the mformation provided to stalT to date, staff recommends approval of the requested
annexation and rezone with the conditions noted within the staff report to be placed withm a
development agreement.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Eagle Planning and Zoning CommiSSIOn for
their consideration on December 4, 2006. The Commission left the public hearing open and continued
the item to the January 8, 2007, hearing date to provide the applicant time to provide to staff a copy of
the revised concept plan* for comment prior to the CommiSSion making a recommendation. On
January 8, 2007, the Commission took additional public testimony, the public hearing was closed and
the Commission made thetr recommendation at this time.
* Note-The revised concept plan showed sidewalks to be located on one side of the access
drive, no driveways within the buffer area, and three of the townhouse buildings to be
relocated to the west side of the pond.
B. Oral testimony in favor of this proposal was presented to the Planning and ZOning CommiSSion by 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.
COMMISSION DECISION:
The Commission voted 4 to I (McCarrel against) to recommend approval of A-15-06 & RZ-20-06
for an annexation and rezone with a development agreement upon annexation from RR (Rural
Residential - Ada County designation) to MU-DA (Mixed Use with Development Agreement) for
Orchards at Eagle, LLC, with the following staff recommended conditions to be placed withm a
development agreement with underline text to added by the Commission and strike through text to
be deleted by the Commission.
3.1 Applicant wi]] develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding design review,
preliminary and final plat reviews, condominium plat reviews and/or any conditlOnal use permits, if
applicable, and any other applicable applications as may be reqUlred by the Eagle City Code, which
shall comply with the Eagle City Code, as it exists at the time such applications are made except as
otherwise provided within this Agreement.
3.2 The Concept Plan date stamped by the City on September 16 December 29,2006, represents the
Owner's current concept for completlOn of the Orchards at Eagle, a residential
condominium/townhouse development. As the Concept Plan evolves, the City understands and agrees
that certain changes in that concept may occur. If the Cay determines that any such changes require
additional public comment due to potential impacts on surrounding property or the community, a
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K:\Planning Dept\Eagle Applications",RZ&N..2006'.,A-15-06 & RZ-20~()6 pzfJoc
public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as
may be required by the City.
3.3 All multi-family dwellings and the club house shall be designed in compliance with Eagle City Code
Section 8-2A. Permitted architecture styles are specifically those shown within the Eagle Architecture
and Site Design Book (EASD Book). Architecture styles and building design elements that are not
shown with the EASD Book will not be permitted.
The submittal of a building permit application to the City for all buildings within the developmcnt
shall be accompanied by an approval letter from the Architectural Control Committee. Building permit
applications that do not have an approvallettcr attached w1l1 not be accepted.
3.4 The applicant shall submit a Design Review application for the site (as required by Eagle City Code)
and shall comply with all conditions required by the City of Eagle as a part of the Design Review prior
to issuance of a zoning certificate.
3.5 Submit a Design Review application showing landscaping located within the twenty foot (20') wldc
setback area on the western property boundary to provide a buffer from the dwelling units locatcd
adjacent to the western boundary.
3.6 Development of the Property will be permitted through the Design Review process and future
conditional use permits for the residential development will not be required excluding any height
exceptions that may be requested, Height exceptions shall require a conditional use permit.
3.7 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) Parking shall only be allowed in the designated parking areas or In the garage UnIts of the
residential dwellings,
(c) A maintenance manual for the drive aIsles requiring the association(s) shall have the duty to
maintain and operate all of the drive aisles providing access to the condominium/townhouses
including the repair and replacement of asphalt and sidewalks.
(d) Provide language showing the prohibition of the storage ofrecreational vehicles, utility trailers,
etc. within the development.
(e) Provide language showing that the common areas shall be maintained by a contracted
property/landscapIng company.
3,8 The applicant shall place a note on the condominIum plat that all common areas and drive aisles are to
be owned and maintained by the Owners Association(s) for the development. The applicant shall
provide a copy of the CC&Rs (which shall include a similar statement regarding the common arcas
and drive aisles) for review and approval by the City attorney prior to the approval of a condominium
plat.
3.9 A revised concept plan shall be provided showing sidewalks and/or pathways adjacent to 00tfl one
sides of the drive aisles providing access to the units to provide pedestrian connectivity between the
residential units prior to submItting a Design Review application,
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3.10 Provide a revised Concept Plan which includes the project notes and shows the conceptual
landscaping plan prior to submitting a Design Review application.
3.11 Provide a revised Concept Plan with the language "This information shall not be bInding on the
applicant" removed from Note 8 prior to submitting a Design Review applicatlOn.
3.12 Provide a site plan for Desih'91 Review approval showing sidewalks to be located on both sides of
the driveway throughout the development prior to submitting a Design Re':iew application.
3.13 The Conceptual Plan shows the locations for all buildings within the development. The setbacks
shall be as follows:
. Front (East Property Line)
. Street Side (North Property Line)
. Side (West Property Line)
. Rear (South Property Line)
B 50 Feet
20 Feet
H 20 Feet
20 Feet
3.14 The applicant's property shall be annexed into the Eagle Sewer District's service boundaries and
shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the
issuance of any building permits. A letter of approval shall be provided to the City Irom the Idaho
Department of Health and Welfare, DIVIsion of Environmental Quality, and/or Central District
Health, prior to issuance of any building permits,
3.15 Applicant shall provide a report or analysis of any proposed changes to wetlands located on the
Property and any such change shall be contingent upon approval by the Army Corps of Engineers,
Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resourccs (if
app I Icable), Ada County, and any other appropriate governmental agencies, and shall be In
accordance with the Eagle Comprehensive Plan and City Code, Applicant agrees all development
and improvement of the Property shall comply with rules and regulations pertainIng to regulated
wetlands.
3.16 Applicant shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6, a minimum twelve foot (12') WIde asphalt public pathway along the portion of the
Property adjacent to the Boise River. The specific 10catlOn and design of the pathway shall be
approved by the City of Eagle Park and Pathway Development Committee prior to submittal of a
design review application. The asphalt pathway shall be located in a recorded easement or
easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-] -6( E)
(2), The instrument number of the recorded easement or easements shall be referenced on the face
of the plat for Orchards at Eagle Condominiums, upon recordation of the condomInium plat(s)
wherein the pathway is located. Other than any pathways approved by Eagle, development within
the Floodway and the open space area between Orchards at Eagle and the Boise River shall be
prohibited,
3.17 Applicant shall provide a club house and pool as generally depicted on the Concept Plan. The
intent of the club house is to provide a venue for meetings and aCl1vlties for the residents of the
development. The building architecture and associated landscaping shall be reviewed and
approved by the Eagle Design Review Board and Eagle City Council prior to the issuancc of a
certificate of occupancy.
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3.18 Provide plans showmg outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of a Design review application. The plans shall show how the
lights will facilitate the "Dark Sky" concept of lighting,
3,19 The applicant shall provide documentation of an approved 404-Perrnit for work within any
wetlands on site prior to the City issuing a zonmg certificate for the property.
3.20 As required by Title 6 Chapter 5 Eagle City Code, the Property shall become part of the City of
Eagle's municipal water system. All water mains to be dedicated to the pubhc shall only be
constructed on rights of way, easements, or publicly owned property. Easements or permits
secured for the main extension shall be obtained in the name of the City, along with all rights and
title to the main at the time of service is provided to the customer paying for the extension. Water
mains shall be extended by the applicant as designated by the City Engineer where future water
system extensions are expected to occur. The developer shall enter mto a "Memorandum of
Agreement" to provide sufficient water to Orchards at Eagle in compliance with and consIstent
with the intent of City of Eagle Ordinance No. 530 prior to adoption of an ordinance of
annexation.
3.21 City of Eagle approvals shall be subject to any FEMA requirements.
3.22 The number of dwelling units located soath of the pond within the Residential One area as shown
on the Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) shall not
exceed one unit per acre, fOllr (1) units as shown on the Concept Plan date stamped by the City on
September 6, 2006.
3.23 ProVIde a re'iised Coneeflt Plan showing the driveway aeeess tEl the townhouses loeated at the
southeast eorner of the pond to be lEleated outside of the required fifty foot (50') wide buffer area
adjaeent to Lindor Roae prior to sHbmitting a Desigrt Review ilflplieation,
3.24 Provide the City with documentation showing the location of the easement providing access to the
Pioneer Ditch Company irrigation head gate. Should the easement be located within the
development the easement should be noted and delineated on the condominium plat.
3.25 The applicant shall provide documentation that thev have addressed the concerns of the Idaho
Transportation Department regarding the proposed development prior to the Citv recording an
annexation and rezone ordinance.
CONCLUSIONS OF LAW:
I. A Neighborhood Meeting was held at 6:00 PM, Wednesday, August 30, 2006, on site in compliance
with the application submittal requirement of Eagle City Code, The applications for the AnnexatIOn
and Rezone were received by the City of Eagle on September 6, 2006. The apphcant submItted a
revised concept plan on December 29, 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 October 16,2006. Notice of this pubhc hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on October 16, 2006. Requests for agencies' reviews
were transmitted on September 19,2006, in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on October 28, 2006
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3. The Commission reviewed the particular facts and circumstances of this proposed rezonc (RZ-20-06)
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 is in accordance wIth thc City of
Eagle Comprehensive Plan and established goals and objectives because:
a. The requested MU-DA zoning designation is consistent with the Mixed Use, Residential One,
Floodway, and Scenic Corridor land use designations 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 expectcd to bc
provided, to serve any and 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 RUT zone (Rural Urban Transitional) and land use to the east Since the requIred screening
to be provided adjacent to Linder Road and Linder Road will provide a butler from thiS site;
d. The proposed MU-DA zone (Mixed Use with a Development Ab'Teement) is compatible with
the RR zone (Rural Residential) and land use to the west since the conditions in the
development agreement will require buffering and setbacks from the adjacent property;
e. The proposed MU-DA zone (Mixed Use with a Development Agreement) is compatible with
the C-1-DA zone (Neighborhood Business District with a Development Agreement) and land
use to the north since this area is currently zoned commercial;
f. The proposed MU-DA zone (Mixed Use with a Development Agreement) is compatible with
the RR zone (Rural Residential) and land use to the south since this area is an abandon gravel
pit and is buffered from the proposed development by the Boise River;
g. The land proposed for rezone IS located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan, however the applIcant is not developing With in the
flood hazard area; and
h. No non-conforming uses are expected to be created with this rezone.
4. The Commission's determination to change staff recommended conditions #3.9, #3.12, #3.13, #3.22.
and #3.23 is based on the following:
a. Staff recommended condition #3.9 read as follows: A revised concept plan shall be provided
showing sidewalks and/or pathways adjacent to both sides of the drive aisles providing access
to the units to provide pedestrian connectivity between the residential units prior to submItting
a Design Review application. The commission determined that since the access driveways are
not public roads and serve ollly the residents and guests of the development that sidewalks
should ollly be required on one side olthe access driveways.
b, Staffrecommended condition #3.12 read as follows: Provide a site plan for Design Review
approval showing sidewalks to be located on both sides of the drIveway throughout the
development prior to submitting a Design Review application. The Commission determined
that since 3.9 addresses the requirement olsidewalks that this condition ,vas 110 IOllger
required.
c. Staff recommended condition #3,13 read as follows: The Conceptual Plan shows the locations
for all buildings within the development. The setbacks shall be as follows:
. Front (East Property Line)
. Street Side (North Property Line)
25- Feet
20-Feet
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. Side (West Property Line) 7.S-Feet
. Rear (South Property Line) 20-Feet
The Commission determined that the setback on the Font (east property line) should he
increased to jijiyjeet (50 ') in width and the side (west propert}' line) should he increased to
twentyfeet (20') in width to provide an area to al/owfor bufferingfrom Linder Road ro rhe
east and the lower density residential area to the west.
. Front (East Property Line)
. Side (West Property Line)
50- Feet
20-Feet
d. Staffrecommended condition #3,22 read as follows: The number of dwelling units located
south of the pond shall not exceed four (4) units as shown on the Concept Plan date stamped
by the City on September 6, 2006. The Commission derernlined that tlze applicwzt should he
permitted to have tlze maximum number ofdwe//ing units aI/owed in this area hased on a
densitl' of one unit per acre.
e. Staff recommended condition number 3.23 read as follows: Provide a revised Concept Plan
showing the driveway access to the townhouses located at the southeast comer of the pond to
be located outside of the required fifty foot (50') wide buffer area adjacent to Linder Road
prior to submitting a Design Review application. The Commission determined rhat since the
revised Concept Plan, date stamped by the City on Decemher 29, 2000. no longer shows
townhouses or the driveway to he located at the southeast comer ofrhe pond that rhe
condition was no longer needed.
DATED this 22nd day of January 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
dacounty~
aso Pierce, Chairman
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ATTEST:
Page 26 of 26
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