Findings - CC - 2007 - A-19-06/RZ-25-06/PP-19-06 - A/Rz From Rut To M-U-Da/8.52 Acre/6615 N. Meridian Road
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION, REZONE, AND )
PRELIMINARY PLAT FOR CASTLEBURY )
WEST 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 City
Council for their consideration on March 13,2007. The Council continued the item to March 27, 2007, at
which time public testimony was taken and the public hearing was closed. The Council made their decision
at that time. The Eagle City Council, 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. APPLICATION 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.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on February 26, 2007. Notice of this public hearing was mailed to property
owners within three-hundred feet (300-feet) ofthe subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on February 22,
2007. The site was posted in accordance with the Eagle City Code on January 30,2007.
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
Page I of 20
K:\Planning DeptlEagle ApplicationslSUBS\20061Castlebury West Business Park ccfdoc
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):
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 DESIGNA nONS:
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-I (Residential up to R-I (Residential up to one unit Single family residential
one unit per acre) per acre) subdivision
West of site Transitional Residential R-I (Residential up to one unit Agriculture
per acre)
* An application to amend the Comprehensive Plan for this property from Transitional Residential to
Professional Office was approved by the City Council on January 16, 2007.
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA
I. SITE DATA:
Total Acreage of Site - 8.52
Total Number of Lots - 10
Commercial - 6 (Office)
Common/Other - 4
Total Number of Residential Units - 0
Single-family - 0
Existing - 0
Proposed - 0
Total Acreage of Any Out-Parcels - 0
Page 2 of20
K:\Planning DeptlEagle ApplicationslSUBS\2006\Castlebury West Business Park ccf.doc
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre N/ A - Office N/A
Minimum Lot Size 18,469 sq. ft. 7,000 sq. ft.
Minimum Lot Width 88 ft. (approximately) 50 ft.
Minimum Street Frontage 38.96 ft. 35-ft.
Total Acreage of Common Lots 2.7-acres 2.7 -acres minimum
Percent of Site as Common Area 10% 10%
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
Eagle City Code does not require landscape screening or a buffer in a commercial
development. However, the applicant is proposing a thirty foot (30') wide landscaped
screen and buffer along the portion of the development fronting Chinden Boulevard (SH
20/26). All berming, fencing and landscaping details, including any proposed pump
houses for pressurized irrigation, are required for Design Review Board review and
approval prior to submittal of a final plat, or prior to the issuance of a building permit,
whichever occurs first.
Open Space and Design:
Eagle City Code section 8-2A-7 requires that landscaping shall cover a minimum of ten
percent (10%) 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 havingjurisdiction.
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:
Page 3 of20
K:IPlanning Dept\Eagle ApplicationslSUBS\20061Castlebury West Business Park ccfdoc
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 ofthe 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
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 subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
K. STREET DESIGN:
Public Streets:
West Bavaria Street, the only access point to the property, extends along the northern
boundary of the site to the west from North Meridian Road and terminates with a
hammerhead turn-around. The proposed street will be thirty-five (35') wide with two
landscaped islands approximately 350 feet apart.
Cul-de-sac Design:
Cul-de-sacs proposed: One 120 foot (120') long and fifty foot (50') wide hammerhead
turn-around is proposed (West Bavaria Street).
Curbs, Gutters, and Sidewalks:
The applicant proposes to install a five foot (5') wide meandering detached sidewalk with
rolled curbs and gutters along the east and north portion of the site fronting North
Meridian Road and West Bavaria Street. Five foot (5') wide detached sidewalks are
proposed for the internal streets as well.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the submittal of the final plat.
Any modifications made to the lights shall be completed before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee is required prior to the
submittal of a Final Plat. Any modifications of street names shall be completed before
final plat approval.
L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian WalkwayslPathways:
Per Eagle City Code section 9-3-3, right-of- way for pedestrian walkways in the middle of
long blocks may be required where necessary to obtain convenient pedestrian circulation
to schools, parks or shopping areas.
Bike Paths: None proposed
M. PUBLIC USES PROPOSED:
See "Open Space and Design" noted above.
Page 4 of20
K:IPlanning DeptlEagle ApplicationslSUBS\20061Castlebury West Business Park ccfdoc
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
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. AVAILABILITY 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:
CHAPTER5-ECONONUCDEVELOPMENT
Page 5 of 20
K:\Planning DeptlEagle ApplicationslSUBS\20061Castlebury West Business Park ccfdoc
5.5 Implementation Strategies
f. New commercial development outside of the Central Business ~istrict should
complement the Central Business District and Eagle's rural identity.
CHAPTER 6 - LAND USE
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.
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.
\. 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 (ACHO),
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.
I. 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:
Page 60f20
K:\Planning DeptlEagle ApplicationslSUBS\20061Castlebury West Business Park ccf.doc
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.
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] 000 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
] 2.4 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.
]2.5 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.
Page 7 of 20
K:\Planning DeptlEagle ApplicationslSUBS\20061Castlebury West Business Park ccf.doc
C. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. 9-4-1-6 (F)(2)
Sidewalks shall be separated from the edge ofthe 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:
. 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 9-4-1-6 (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 ofthe 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-
OA (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 ofthe 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.
Page 8 of 20
K:IPlanning DeptlEagle ApplicationslSUBS\20061Castlebury West Business Park ccf.doc
. Lot I, Block I 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 of the 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
stamped December 13,2006 by the City it is recommended that in commercial/office 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
Chin den 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:
a. The requested zoning designation of R-2 (Residential-up to two units per acre) is
consistent with the Residential Two 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 R-2 (Residential-up to two units per acre) is compatible with the RR
(Rural Residential -Ada County designation) land use to the north and south since
these areas are designated Residential Two in the Comprehensive Plan and could be
developed in the same manner at a later date;
d. The proposed R-2 (Residential-up to two units per acre) is compatible with the R-2-
DA (Residential-two units per acre with a development agreement) zone and land use
to the east since that area has been developed with lots of similar size;
Page 9 of20
K:\Planning DeptlEagle ApplicationslSUBS\20061Castlebury West Business Park ccfdoc
e. The proposed R-2 (Residential-up to two units per acre) is compatible with the R-2-
DA (Residential-two units per acre with a development agreement) zone and land use
to the west since that area will be developed with lots of similar size;
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.
. Preliminarv Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the
Commission and Council", and based upon the information provided to staffto date, staff
believes that the proposed preliminary plat is in accordance with the City of Eagle Code
because:
a. 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 residential use is in accordance with the residential land use designation of
this area shown within the Comprehensive Plan;
b. 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 of the conditions
of approval;
c. The proposed development will provide continuity with the capital improvement plan
for municipal water through a memorandum of agreement for providing water from
the City of Eagle municipal water system;
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 WITHIN 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.
Page 10 of20
K:IPlanning DeptlEagle ApplicationslSUBS\20061Castlebury West Business Park ccfdoc
COMMISSION DECISION REGARDING THE REZONE AND DEVELOPMENT
AGREEMENT:
The Commission voted 4 to I (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 conditions to be placed within a
development agreement as shown within their findings of fact and conclusions of law document
dated February 5, 2007. 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.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to I (Aspitarte against) to recommend approval of PP-19-06 for a
preliminary plat for Castlebury West Business Park with the site specific conditions of approval
and standard conditions of approval as shown within their findings of fact and conclusions of law
document dated February 5, 2007. 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.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Council on March 13, 2007. The Council
continued the item to March 27, 2007, at which time testimony was taken and the public hearing
was closed. The Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (not including
the applicant or representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 5 to 0 to approve A-19-06 and RZ-25-06 for an annexation and rezone from
RUT (Rural Urban Transition - Ada County designation) to MU-DA (Mixed Use with
Development Agreement), for Capital Development, Inc., with the following Planning and Zoning
Commission recommended conditions to be placed within a development agreement with
underline text to be added by the Council and strike thru text to be deleted by the Council.
Further, the Council voted 5 to 0 to approve PP-19-06 for a preliminary plat for Castlebury West
Business Park, PP-19-06, for Capital Development, Inc., with the Planning and Zoning
Commission recommended site specific and standard conditions of approval (following the
conditions to be placed within the development agreement) with underline text to be added by the
Council.
CONDITIONS TO BE PLACED IN A DEVELOPMENT AGREEMENT:
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:
a) Banks/financial institutions (no drive up service)
b) BeautvlBarber Shop
c) Office, business and professional
d) Office, medical and professional
Page 11 of20
K:IPlanning DeptlEagle ApplicationslSUBS\2006\Castlebury West Business Park ccf.doc
e) Dav Spa (Like Two Rivers Dav Spa)
f) Health Clubs, Spas. Weight Reduction Salons
g) Artist Studios
h) Clinic
i) Catering Service (No restaurants)
j) Communication Facilities
k) Home and Business Services
I) Laboratories
m) Pharmacies and Medical Services (no drive UP service)
n) Photographic Studio
0) Printing!Blueprinting
p) Professional Activities
q) Travel Services
r) Research and Development
s) Research Activities
t) No Drive UP or Drive thru services are allowed.
2.2 The development shall comply with applicable sections in the Eagle City Code, as it exists in final
form at the time an a desigH review application is made, including compliance with all of the
conditions as provided within this development agreement.
2.3 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) The applicant shall install a ten foot (10') wide bv six foot (6') high landscaped buffer along anv
boundarv of the site adiacent to a residential development prior to the issuance of a certificate of
occupancy for anv building within the subdivision. The landscaping shall be installed in
accordance with ECC Section 8-2A-7 (J)(2)(a) and shall be reviewed and approved bv the Design
Review Board prior to the submittal of a final plat application.
c) 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, 6)(66]:1t fer aeeElrative Yiallleeatea
witHiH an)' Baffer SHall not be reqHirea tEl Be "e]:1eH style".
d) Parking shall only be allowed in the designated parking areas.
e) 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.
2.4 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.
Page 12 of20
K:\Planning DeptlEagle ApplicationslSUBS\20061Castlebury West Business Park ccfdoc
2.5 Landscape screening in accordance with ECC Section 8-2A-7(L)(I )(a) shall be installed on Lots 3. 5.
6 and 7. Block 1. within the twenty five foot (25') rear yard setback prior to the issuance of a
certificate of occupancy for any building within the subdivision.
2.6 Lot 4. Block 1 shall be prepared for drainage and limited in landscaping to sod. irrigation. shrubbery
and decorative rock (at the developers discretion), and a fifteen foot (IS') sidewalk/transit stop license
strip shall be designated within Lot 4, Block I (as a note placed on the final plat). The specific
language (placed as a note on the plat) shall be reviewed bv the City Attornev and the applicant prior
to City approval of the final plat.
2.7 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 ofthe 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 of the approval 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 perpetuity.
2.8 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 (ACC) 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.
2.9 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.
2.10 ,^, letter of approyal shall Be ]:1ro';ided to the City freHl tile Eagle Si:wl'er Distriet iAaieatiRg tHat tHe
]:1fClperty Has been aflAel(ed iAto tHe Eagle Sewer Distriet's ser\"iee 13eHnaaries aRa approviRg the final
eonstruetioR plaAs prior te saBmi1ctal eftHe fiHal ]:1lat apJ31ieatioH.
2.11 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.
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.
Page 13 of20
K:IPlanning DeptlEagle ApplicationslSUBS\20061Castlehury West Business Park ccfdoc
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 final plat.
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, with the exception of Site Specific Condition #22.
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.
Page 14 of20
K:IPlanning DeptlEagle ApplicationslSUBS\2006\Castlebury West Business Park ccfdoc
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.
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 permits for the site.
21. All street names shall comply with the requirements of the Ada County Street Naming
Committee.
22. Landscape screening in accordance with ECC Section 8-2A-7(L)(I )(a) shall be installed on
Lots 3, 5, 6 and 7, Block L within the twenty five foot (25') rear vard setback prior to the
issuance of a certificate of occupancv for any building within the subdivision.
23. Lot 4, Block 1 shall be prepared for drainage and limited in landscaping to sod, irrigation.
shrubbery and decorative rock (at the developers discretion). and a fifteen foot (15')
sidewalk/transit stop license strip shall be designated within Lot 4. Block 1 (as a note placed
on the final plat). The specific language (placed as a note on the plat) shall be reviewed bv the
City Attornev and the applicant prior to City approval of the final plat.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or
the Idaho Transportation Department, including but not limited to approval of the drainage
system, curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed
on the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the
City Engineer. Required improvements shall include, but not be limited to, extending all
utilities to the platted property. The developer may submit a letter in lieu of plans explaining
why plans may not be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required
prior to the City Engineer signing the final plat (LC. Title 50, Chapter 13 and l.c. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from
the Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-
8.4)
7. All homes being constructed with individual septic systems shall have the septic systems
placed on the street side of the home or shall have their sewer drainage system designed with a
stub at the house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the
water rights appurtenant to the lands in said subdivision which are within the irrigation entity
will be transferred from said lands by the owner thereof; or the subdivider shall provide for
underground title or other like satisfactory underground conduit to permit the delivery of water
to those landowners within the subdivision who are also within the irrigation entity.
Page 15 of20
K:IPlanning DeptlEagle ApplicationslSUBS\20061Castlebury West Business Park ccfdoc
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific
criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional
engineer certifYing that all drainage shall be retained on-site prior to the City Engineer signing
the final plat. A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to
the City Engineer signing the final plat. The plans shall show how swales, or drain piping,
will be developed in the drainage easements. The approved drainage system shall be
constructed, or a performance bond shall be submitted to the City Clerk, prior to the City
Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and
approved by the City Engineer and City Attorney, prior to the City Engineer signing the final
plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage
easement, and that no runoff shall cross any lot line onto another lot except within a drainage
easement.
II. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, or other irrigation entity,
shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting,
covering or changing has first been approved in writing by the entity. A Registered Engineer
shall certifY that any ditch rerouting, piping, covering or otherwise changing the existing
irrigation or waste ditch (I) has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise
injure any person or persons using or interested in such ditch or their property; and (3)
satisfied the Idaho Standards for Public Works Construction. A copy of such written approval
and certification shall be filed with the construction drawing and submitted to the City
Engineer prior to the City Engineer signing the final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the
City Engineer prior to the City Engineer signing the final plat. All construction shall comply
with the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final
plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision
prior to signing ofthe final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final
plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the
City Engineer signing the final plat. The letter shall include the following comments and
minimum requirements, and any other items of concern as may be determined by the Eagle
Fire Department officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
Page 16 of20
K:\Planning DeptlEagle ApplicationslSUBS\20061Castlebury West Business Park ccf.doc
b. The proposed fire hydrant locations shall be reviewed and be approved in writing
by the Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two
family dwellings, 1,500 gallons per minute for dwellings having a fire area in
excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses
(i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in
accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle
Fire Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to
the Eagle City Attorney which provide for the use, control and mutual maintenance of all
common areas, storage facilities, recreational facilities, street lights or open spaces shall be
reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final
plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City
Attorney prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the
storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or
other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing
the final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any
other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a
path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee
prior to approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the
Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to
approval of the final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building
setback lines shall be in accordance with the applicable zoning and subdivision regulations at
the time of issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the
Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the
final plat by the City Engineer.
Page 17 of20
K:\Planning DeptlEagle ApplicationslSUBS\20061Castlebury West Business Park ccf.doc
24. The applicant shall obtain approval of the development relative to its effects on wetlands or
other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department
of Water Resources and/or any other agency having jurisdiction prior to the City Engineer
signing the final plat.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations
shall be complied with. All design and construction shall be in accordance with all applicable
City of Eagle Codes unless specifically approved by the Commission and/or Council.
27. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
28. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by
the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval
of the City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved
improvements before the City Engineer signs the final plat. The applicant shall provide a
financial guarantee of performance in the amount of 150% of the total estimated cost for
completing any required improvements (see resolution 98-3) prior to the City Engineer signing
the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash
deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central
District Health Department, Ada County Treasurer, Ada County Highway District
Commissioners, City Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless
for any and all water rights, claims in any way associated with this application.
32. 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. The plans shall show how
the streetlights will facilitate the "Dark Sky" concept of lighting.
33. 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 permits for the site.
34. 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.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-
feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs
off leash.
Page 18 of20
K:IPlanning DeptlEagle ApplicationslSUBS\20061Castlebury West Business Park ccfdoc
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.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on February 26,
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 February 22, 2007. The site was posted in accordance with the Eagle City
Code on January 30, 2007.
3. The Council 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 annexation and rezone
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The requested zoning designation of MU-DA (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 RUT (Rural Urban Transition, Ada County designation) 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 RUT (Rural Urban Transition, Ada County designation) 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 Meridian Road.
f. The [and 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 Council 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:
Page 19 of20
K:\Planning DeptlEagle ApplicationslSUBS\20061Castlebury West Business Park ccf.doc
a. The development will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as
shown within the findings provided within this document and the proposed commercial use is
in accordance with the Professional Office designation of this area shown within the
Comprehensive Plan;
b. The developement 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. The proposed development will provide continuity with the capital improvement plan for
municipal water through a memorandum of agreement for providing water from the United
Water municipal water system;
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.
DATED this 10th day of April 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
",...........,'.
0.", ~ EAGl. .....
..~ -' 0..........15' ..,
;t~, .'.
~ t.... ..Ott.A7'~... ... ~
= "/ ~' ."?' .
.. "" 0 .:
.. . .
: : CJ .".' ;::j :
,-- \;4<S~~~:.,~;
... ...C'oaPo...,.^~,:
..... "r ........ '\,v~"
.......7' ;t TE 0 ~ .,.",
.",....."",'
~ 0 (J-A 10 \<( ~~
./Sharo~K. Bergmann, Eagle City, lerk
Page 20 of20
K:\Planning DeptlEagle ApplicationslSUBS\2006\Castlebury West Business Park ccfdoc
Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into on the date as indicated herein, by and
between the City of Eagle, a municipal corporation in the State ofIdaho ("Eagle"), by and through its
Mayor, and Donald and Tricia Flynn, Inc. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 6615 North
Meridian Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description
(Exhibit A) which is the subject of an application for Rezone identified as Rezone Application No. RZ-25-
06; and
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural Urban Transition, County Designation); and
WHEREAS, the Applicant desires a MU-DA (Mixed Use with a development agreement) zoning
classification to develop a ten (10) lot professional office subdivision on the above described property,
which is herein referred to as the "Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined
that allowing an MU (Mixed Use) zoning designation for the Property must be limited with a development
agreement to prevent undue damage to, and to otherwise be in harmony with the Comprehensive Plan, the
existing uses on the site and the community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of Applicant's use and
enjoyment of the Property while at the same time limiting any adverse impacts of the development upon
neighboring properties and the existing community and ensuring the Property is developed in a manner
consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, the Applicant has agreed to the use restrictions and other limitations set forth herein
upon the use and development of the Property and has consented to a MU-DA (Mixed Use with a
development agreement) zoning designation for the Property with the requirements set forth in this
Development Agreement; and
Page lof8
K:\Planning Dept\Eagle Applications\SUBS\2006\Castlebury West bus p"k d, (ee V",;o")doo
WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to submit the
Property to a Development Agreement pursuant to Eagle City Code Section 8-10-1 (C)(J); and
WHEREFORE, the Applicant and the City of Eagle desire to resolve the issues and concerns that
have arisen and for and in consideration of the mutual covenants contained herein, it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
1.1 Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the property that is the
subject of the application to an MU-DA (Mixed Use with a development agreement) zoning
designation, after recordation of, and subject to the provisions of this Development Agreement. The
ordinance will become effective after its passage, approval, and publication and the execution and
recordation of this Development Agreement.
ARTICLE II
CONDITIONS OF DEVELOPMENT
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:
a) Banks/financial institutions (no drive up service)
b) BeautylBarber Shop
c) Catering Service
d) Day Spa (like Two Rivers Day Spa)
e) Office, business and professional
f) Office, medical and professional
g) Artist Studios
h) Clinic
i) Communication facilities
j) Daycare Center
k) Health Clubs, Spas, Weight Reduction Salons
I) Personal Improvement
m) Home and Business services
n) Laboratories
0) Pharmacies and Medical Sales
p) Photographic Studio
q) PrintingiBlueprinting
r) Professional activities
Page 2 of8
K:\Planning DeptlEagle Applications\SUBS\2006\Castlebury West bus puk d. Coo v",'oo) doc
s) Travel Services
t) Research and Development
u) Research Activities
v) Christmas Tree Sales (only until building on the property has begun)
w) No Drive up or Drive thru services are allowed.
2.2 The development shall comply with applicable sections in the Eagle City Code, as it exists in final
fonn at the time application is made, including compliance with all of the conditions as provided
within this development agreement.
2.3 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) The applicant shall install a ten foot (] 0') wide bv six foot (6') high landscaped buffer along any
boundarv of the site adiacent to a residential development prior to the issuance of a certificate of
occupancv for anv building within the subdivision. The landscaping shall be installed in
accordance with ECC Section 8-2A-7 (J)(2)(a) and shall be reviewed and approved bv the Design
Review Board prior to the submittal of a final plat application.
c) 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.
d) Parking shall only be allowed in the designated parking areas.
e) 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.
2.4 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.
2.5 Landscape screening in accordance with ECC Section 8-2A-7(L)(] )(a) shall be installed on Lots 3, 5,
6 and 7, Block I, within the twenty five foot(25') rear vard setback prior to the issuance of a
certificate of occupancy for anv building within the subdivision.
2.6 Lot 4, Block 1 shall be prepared for drainage and limited in landscaping to sod. irrigation, shrubbery
and decorative rock (at the developers discretion), and a fifteen foot (] 5') sidewalk/transit stop license
strip shall be designated within Lot 4, Block I (as a note placed on the final plat). The specific
language (placed as a note on the plat) shall be reviewed bv the City Attorney and the applicant prior
to City approval ofthe final plat.
2.7 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 of the first final plat. The CC&R's shall provide that the
Page 3 of 8
K:\Planning Dept\Eagle Applications\SUBS\2006\Castlebury West bus pock d, (" "''';00) doc
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.
2.8 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&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 ofthe final plat.
2.9 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.
2.10 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.
ARTICLE III
AFFIDAVIT OF PROPERTY OWNERS
3.1 An affidavit of all owners ofthe Property agreeing to submit the Property to this Development
Agreement and to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code
Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE IV
DEFAULT
4.1 In the event the Applicant fails to comply with the commitments set forth herein, within thirty (30)
days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any
other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the
requirements contained in this Development Agreement or to terminate the Development Agreement
following the process established in Eagle City Code Section 8-10-1.
4.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin
such default and to enforce the commitments contained in this Development Agreement, including
attorneys' fees and court costs.
Page 4 of 8
K:\Planning DeptlEagle Applications\SUBS\2006\CastJebury West bus p'" d. Ice ",,;oo)doo
ARTICLE V
UNENFORCEABLE PROVISIONS
5.1 If any term, provision, commitment, or restriction of this Development Agreement or the application
thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the
remainder of this instrument shall terminate and the zoning of the property shall revert to the RUT
(Residential Urban Transition - Ada County designation) zoning designation unless the portion of this
instrument determined to be invalid or unenforceable is re-negotiated in good faith between the Applicant
(or other appropriate party) and Eagle as an amendment to the Development Agreement processed in
accordance with the notice and hearing provisions ofIdaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1.
ARTICLE VI
ASSIGNMENT AND TRANSFER
6.1 After its execution, the Development Agreement shall be recorded in the office of the County Recorder
at the expense of the Applicant. Each commitment and restriction on the development shall be a
burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent property,
and other residential property near the Property and shall run with the land. This Development
Agreement shall be binding on the Applicant and owners, and their respective heirs, administrators,
executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any
portion ofthe development is sold, the sellers shall thereupon be released and discharged from any and
all obligations in connection with the property sold arising under this Agreement. The new owner of
the Property or any portion thereof (including, without limitation, any owner who acquires its interest
by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations
arising under this Agreement with respect to the Property or portion thereof.
ARTICLE VII
GENERAL MATTERS
7.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions ofIdaho Code Section 67-6509, as required by Eagle
City Code Section 8-10-1.
7.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning
and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not
constitute a portion of this Development Agreement. As used in this Development Agreement,
masculine, feminine or neuter gender and the singular or plural number shall each be deemed to
include the others wherever and whenever the context so dictates.
7.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the
State ofIdaho in effect at the time ofthe execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
Page 5 of8
K:IPlanning DeptlEagle ApplicationslSUBSl2006\Castlebury West bus ,uk d, roo "";00) do<
jurisdiction located in Ada County, Idaho.
7.4 Legal Representation. Both the Applicant and Eagle acknowledge that they each have been
represented by legal counsel in negotiating this Development Agreement and that neither party shall
have been deemed to have been the draftor of this agreement.
7.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be
given by personal delivery, by mailing the same by registered or certified mail, return receipt requested
postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to
whom the notice is directed at the address of such party set forth below;
Eagle:
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner:
Capital Development, Inc.
6200 Meeker Road
Boise, Idaho 83713
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt ifby personal delivery, forty-eight (48) hours after deposit
in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24) hours after
timely deposit with a reputable overnight delivery service.
7.6 Effective Date. This Development Agreement shall be effective upon the signing and execution of this
agreement by both parties.
7.7 Termination. This agreement terminates upon completion of Conditions of Development or after 7-
years after the Effective Date, whichever occurs first.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DA TED this _ day of
,2006.
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
By:
Nancy C. Merrill, Mayor
Page 60f8
K:\Planning Dept\Eagle Applications\SUBS\2006\Castlebury West bus pock d, ("",,;oo)doo
ATTEST:
Sharon K. Bergmann, City Clerk
By:
(Donald and Tricia Flynn)
STATE OF IDAHO )
: ss.
County of Ada )
On this _ day of , 2006, before the undersigned notary public in and for the said
state, personally appeared NANCY C. MERRILL, known or identified to me to be the Mayor of the City
of Eagle and the person who executed the foregoing instrument on behalf of said City and acknowledged
to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO
: ss.
County of Ada )
On this _ day of ,2006, before the undersigned notary public in and for the said
state, personally appeared Donald and Tricia Flynn, known or identified to me to be the owners of the
property referenced herein. and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
Notary Public for Idaho
Residing at:
Page 7 of8
K:\Planning Dept\Eagle Applications\SUBS\2006\Castlebury West bus p"k d. (" ",,;oo).doo
My Commission Expires:
Page 8 of8
K:\Planning Dept\Eagle Applications\SUBS\2006\Castlebury West bus PM' d. (" ""'0') do,