Findings - PZ - 2007 - A-8-07/RZ-10-07 - Rz From Rut To Mu-Da For 100 Acres/R4-Da For 140 Acres/R2-Da For 132 Acres
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
AN ANNEXATION AND REZONE FROM RUT )
(RURAL URBAN TRANSITION) TO MU-DA )
(MIXED USE WITH A DEVELOPMENT AGREEMENT), )
R-2-DA (RESIDENTIAL TWO WITH A DEVELOPMENT )
AGREEMENT), R-4-DA (RESIDENTIAL FOUR WITH )
A DEVELOPMENT AGREEMENT) )
FOR HORMAECHEA LTD, PARTNERSHIP )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-8-07 & RZ-IO-07
The above-entitled annexation and rezone application came before the Eagle Planning and Zoning
Commission for their recommendation on July 16, 2007. The Commission, having heard and taken oral
and written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Hormaechea LTD. Partnership, represented by Michael Hormaechea, is requesting
approval of an annexation of 372 acres and rezone from RUT (Rural Urban Transition-
Ada County Designation) to MU-DA (Mixed Use with a development agreement) for 100
acres, R-4-DA (Residential up to 4 units per acre Maximum with a development
agreement) for 140 acres, and R-2-DA (Residential up to 2 units per acre maximum with a
development agreement) for 132 acres. The 372-acre site is located north of Floating
Feather Road, south of Beacon Light Road, approximately 2,640 ft west of Lane Wood
Street east and west of Palmer Lane.
B. APPLICATION SUBMITTAL:
The annexation and rezone applications for this item were received by the City of Eagle on
March 22, 2007.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on April 16, 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 April 3, 2007. Requests for agencies' reviews were transmitted on April 3, 2006
in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on April 24, 2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: NA
E. COMPANION APPLICATIONS: N/A
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up to 2 RUT (Rural Urban Transition- Feed lot and pasture
units per acre) & Village Ada County Designation)
Center
Proposed Residential Two (up to 2 R-2-DA (Residential Two up to Mixed UseIResidential
units per acre) & Village 2 unit per acre with a Development
Center development agreement)
R-4-DA (Residential Four up to
2 unit per acre with a
development agreement)
MU-DA (Mixed Use with a
development agreement)
North ofsite Transitional Residential RUT (Rural Urban Transition- Turf farm and pasture
Two & Village Center Ada County Designation)
South of site Residential Two (up to 2 R-2 DA P (Residential Two - 2 Residential subdivision-
units per acre) units per acre with a Varied lot sizes (Legacy
Development Agreement and PUD)
Planned Unit Development)
East of site Residential Two (up to 2 RUT (Rural Urban Transition- Agricultural land and
units per acre) Ada County Designation) pasture
West ofsite Residential Two (up to 2 RUT (Rural Urban Transition- Agricultural land and
units per acre) Ada County Designation) pasture
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: 372 Acres
Acres of Residential:- 140 Acres R-4
132 Acres R-2
Total Number of Units - 1824 units (Maximum)
1335 units (As proposed)
4.9 units per acre gross
Acres of Non-Residential- 99.7 Acres (26.8%) - Mixed Use
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter dated March 22, 2007 provided by the applicant's
representative.
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I. 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 Village Center Planning Area, and to ensure that the
property, when developed, is in a manner that protects the public interest and assures a
development that meets the vision for this area as anticipated by the City of Eagle.
J. 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 district for sewage
disposal prior to development of the site. The development is located in the City of Eagle
municipal water service area. The development agreement addresses the applicant's
requirements for municipal water service and annexation into the Eagle Sewer District..
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON-CONFORMING USES: The property currently is used as a confined animal feed operation
and the applicant has requested that this use continue until the submittal of a preliminary plat on
the site. The development agreement addresses this continued use on the site.
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Chevron Pipeline
Drainage District #2
Eagle Fire Department
Idaho Department of Environmental Quality
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:
CHAPTER 3 - POPULATION
3.4 - Objective:
To plan for anticipated populations and households that the community can
support with adequate services and amenities.
CHAPTER. 4 - SCHOOLS. PUBLIC SERVICES & UTILITIES
4.2.2 - Police:
Ada County Sheriff's Department currently provides contract police services to Eagle.
4.2.3 - Fire Protection:
The Eagle Fire District provides fire protection for 54 square miles including the City,
Impact Area and county areas.
4.2.4 - Library:
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The library is within walking distance of local schools and adjacent to future community
facilities.
4.2.5 - Domestic Water:
Eagle Water Company, United Water Idaho (UWID) and the City of Eagle are the major
domestic water providers. EM2, a subsidiary of United Water Idaho, has managed the City
of Eagle's municipal water system since 1992.
4.2.6 - Sewer:
The Eagle Sewer District, formed in 1963, is a separate entity currently serving over 3,500
homes within the sewer service area. In addition to central sewer, many homes within the
district's service area have septic systems and drain fields.
4.2.7 - Other Services and Utilities:
Electricity - Idaho Power Company (IPC) provides electrical services throughout the
City and Area ofImpact.
Pressure Irrigation - The City of Eagle currently requires the installation of
pressurized irrigation systems for the irrigation of landscaping when new development
is within an irrigation district and water rights are available.
Solid Waste - A private contractor currently provides household and business trash
collection and recycling services to Eagle residents.
Gas - Intermountain Gas currently provides natural gas services to the Eagle area.
Telephone and Telecommunications - Local telephone service is currently provided
by US West to a majority of city residents. Computer networking, teleconferencing,
internet and wireless communications are rapidly evolving. This trend is affecting how
people make a living and where they work in the community.
CHAPTER. 6 - LAND USE
6.1 - Existing Conditions:
Land use designations as reflected on the Land Use Map are based on the existing land
use pattern, existing natural physical features such as the Boise River, Dry Creek and the
foothills, floodplain areas, capacity of existing community facilities, projected population
and economic growth, compatibility with other uses ofthe land, transportation systems,
and the needs oflocal citizens.
6.2 - Land Use Issues:
Residents of Eagle and its Impact Area have a strong desire to maintain the rural "feel" of
the community.
6.3 - Land Use Designations:
The land use designations on the Comprehensive Plan Land Use Map, and as may be
referred to within the text of the Comprehensive Plan, are defined on the Eagle City
Zoning Compatibility Matrix, Table 6-1.
· Residential Two: Suitable primarily for single family residential development within areas
that are rural in character.
· Village Center: Suitable for development that accommodates the development of an
employment center with supporting residential, commercial, quasi-public, and business
uses. All uses should be within walking distance from the employment center and are
intended to service the immediate area not to district from the central business district.
Table 6-1
Eagle City Zoning ComDatibility Matrix
Land Use Designations
City Zones RR RE R.I R-2 R-3 R-4 MU C CaD
Agricultural (A) X X X X X X
Agricultural Residential (A- X X X X X X
R)
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Residential Estate (R-E) X X X X X
Residential Districts X X X X
R-t
R-2 X X X X
R-3
R-4
R-5
R-6 to R-25
CHAPTER8- TRANSPORTATION
8.1 - Background:
The City's existing network of roadways represents only a portion of the system needed to
serve future growth and development. As the City continues to experience growth,
population will increase and the number of vehicles using the transportation system will
increase. In addition to adding new streets and roadways, modifications and extensions to
the existing routes will be necessary in order to create a fully integrated, modern, efficient
transportation system that will effectively serve the residents of the City, the business
community and the traveling public.
8.2 - Street Classifications:
A roadway system must include a number of streets, each of which are designated to
handle a particular type and amount of traffic. The City of Eagle Transportation/Pathway
Network Maps #1 and #2, illustrates various proposed classifications of roadways which
are included in the Eagle City limits and Eagle Area of Impact.
8.2.3 - Rural Arterial: Beacon Light Road
· Mobility Function:
The primary function of a rural arterial is to provide major circulation and movement
within rural low density areas (i.e.: one unit per two acres and lower) and to connect with
major activity centers and principle arterials. A rural arterial may serve motorized and
non-motorized transportation needs and may include up to three vehicular traffic lanes
with center turn lanes only at driveways and/or street intersections that are expected to
generate a minimum of 1,000 vehicle trips per day, or where determined to be necessary
for safety by ACHD.
· Access Function:
Access to other roadways is less restrictive than principal arterials. Direct lot
access is restricted.
· Right-of-Wav:
As shall be determined by the Highway District having jurisdiction with recommendations
by the City seriously considered by the Highway District.
8.2.4 - Collectors: Palmer Lane/Floating Feather Road
· Mobility Function:
The primary function of a collector street is to intercept traffic from local streets and carry
the traffic to the nearest arterial street. A secondary function is to service abutting
property. The collector street may serve motorized and non-motorized transportation
needs, and be designed with the minimum street section to accommodate the projected
vehicle volume and in conformance with the Long Range Transportation Plan of APA.
· Access Function:
To provide limited and controlled access to commercial and industrial areas and to
residential neighborhoods.
· Right-of-Wav:
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As shall be determined by the Highway District having jurisdiction with
recommendations by the City seriously considered by the Highway District.
8.3.0 - City of Eagle Functional Pathway Classifications:
An effective pathway system should include a combination of Paths and Lanes. The City
of Eagle Transportation/Pathway Network Maps # I and #2 illustrates the various
classifications and locations which are included in the pathway system.
CHAPTER. 9 - PARKS. RECREATION & OPEN SPACES
9.3 - Future Conditions:
As the City of Eagle grows; new parks and facilities will be needed to meet the recreation
needs of the community. There will be a demand for more parkland including pathways,
practice fields and ball fields as well as a skateboard park.
Land acquisition for future park sites and pathways is vital in order to develop land for
pathways and neighborhood parks. The City of Eagle values its river, creeks, canals and
foothills. Opportunities for the city include maintaining drainage and canal corridors and
rights-of-way to establish a pathway system. New development projects will provide for
pathway circulation in accordance with adopted local and regional pathway plans.
Maintaining these corridors will add community identity and ensure the quality of
recreation in Eagle. These areas are the habitat ofa variety of species (e.g., fish, eagle,
etc.) and play an important role in the community's ecology.
9.5 -PATHWAYS and GREENBELTS:
· Pathways:
Are non-motorized multi-use paths that are separate features from bicycle and pedestrian
lanes as 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.
9.6 - Open Space:
Open Space is land which is not used for buildings or structures and offers opportunities
for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism,
leisure activities, viewpoints, and wildlife habitat.
CHAPTER. 10 - HOUSING
10.1 - Background:
The Eagle area is transitioning from primarily agricultural land uses to residential and
commercial land uses. Over the last years much of the agricultural land has been divided
into a variety of parcel sizes which are highly sought after by many urban residents.
Density options that reconcile quality of life and costs of services issues must be balanced
and will require compromise by all parties.
CHAPTER 12 - COMMUNITY DESIGN
12.4 Implementation Strategies
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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.
c. The floodway shall be reserved as a natural state such as a greenbelt, wildlife habitat,
and open space recreational area and for agricultural uses. .
k. Encourage the preservation of natural resources such as creeks, drainages, steep
slopes, and ridge lines as visual amenities.
I. Encourage the development of pathways and open-space corridors throughout the
City.
o. Encourage the planting and preservation of trees that will create beauty and add to the
healthy environment of downtown (see Eagle Tree Plan below).
q. Maintain the rural residential character and open space environment in and around
the City.
12.5 Eagle Tree Plan
12.5.1 Goal
To estab I ish and enhance areas of tree growth that will create beauty, add to a
healthy environment and increase economic stability.
SOARING 2025
CHAPTER 2 - COMMUNITY DESIGN
2.2 - Future Conditions:
Over the next twenty (20)-years the City of eagle is forecasted to experience high growth
rates that without proper management and planning will impact the quality of life and
housing options available to its residents. Rather than ignore the growth pressures that are
currently shaping most Treasure Valley communities the City of Eagle is looking at
options to embrace housing alternatives and transit density while preserving the rural
nature of the City.
CHAPTER 4 - PUBLIC FACIL TIES AND SERVICES
4.4 - Fire protection:
The Western Planning Area is currently serviced by the Eagle and Star Fire Districts. It is
the desire that as the area develops that cross service agreements are used to ensure the
best fire protection possible for the City of Eagle.
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. The City also has a
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
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area and to include storage and major trunk lines from Linder Road to Highway 16, and
from Homer Road to Highway 20/26.
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.
4.8 - STORM DRAINAGE/FLOOD CONTROL
Storm Drainage:
With the continued construction of impermeable surfaces such as rooftops, asphalt streets,
and concrete drives, 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 storm water discharge that are
protective of receiving waters and assure long term reliance of subsurface treatment
facilities.
4.9 - SEWER
Due to total pollutant loading limitations for the Boise River, wastewater effluent
discharges to the Boise River may become far more stringent in the future than they are at
present. Additional development may at some time require alternatives to stream
discharge.
ESD (Eagle Sewer District) will continue to plan for consequences of such potential
intensification of stream discharges to meet the needs for central sewer in areas within the
City of Eagle.
ESD is committed to providing central sewer service to areas within the City of Eagle.
It is the City of Eagle's policy to accommodate orderly and appropriate development at a
pace that does not unreasonably impede or burden the development process. Timely
extension of sewer service is an essential feature of orderly development. Hence, in the
future the City of Eagle will take an active interest in sewerage and wastewater issues.
4.10 - OTHER SERVICES and UTILITIES
Idaho Power Company (IPC) provides electrical service throughout the City and AOI. IPC
is a public service company regulated by the Idaho Public Utilities Commission (IPUC).
The Chevron Pipeline is a portion of the gasoline transport system across the United States
from Alaska and crosses from northwest to southeast through the Western Planning Area.
At the time of construction most of the Eagle area was rural and the depth of the pipeline
was shallow, less than 20 feet. As the area develops, it is important to identifY the Chevron
right-of-way, provide significant setbacks and buffers and encourage inspection of the line
to ensure development is not encroaching on this facility.
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CHAPTER 5 - TRANSPORTATION
The Western Planning Area contains very few local or collector roads and relies on section
line roads for primarily agricultural uses. Currently roads within the planning area are
designated as follows by the 2025 Functional Classification Map by COMPASS:
Eagle Functional Classification Map
Street Classification
Beacon Light Road Minor Arterial
Floating Feather Road Minor Arterial
Palmer Lane Collector
5.3 - Implementation Strategies
z. Work with the development community, ACHD and COMPASS to construct the
following roadway projects:
· Beacon Light:
Proposed realignment of Beacon Light Road through the Village Center. During
the City's visioning and out reach great concerns from residents were expressed
about the intensity of traffic moving along Beacon Light Road through the
existing residential development east of Linder Road. This was a proposal to
reduce this through traffic. Further, a desire was expressed to provide a "greener"
feel to this road way through the city.
· Floating Feather:
This is a proposal to smooth out the alignment of Floating Feather at palmer
Road. The city has heard from developers south of this intersection looking to
abandon Palmer Road south of Floating feather that may help facilitate this
realignment. Similarly to Beacon Light Road, a desire was expressed to provide a
"greener" feel to this road through the city.
CHAPTER 6 - LAND USE
Existing and Future Conditions:
The Western Planning area is primarily rural in nature, with the eastern portion between
Meridian Road and Linder Road seeing the first urban development in the area. The
majority ofthe area is currently divided into 10+ acre tracts and limited I acre lots
developed within the County. The visioning plan for the area focused on identifYing
activity centers and the regional transportation corridors while preserving the rural
character of the City of Eagle. These areas are the final development area for the City as
lands to the east, south and west begin to be incorporated into other municipalities.
6.2 Goals
Sustainability at build-out (2025): Ensure the ability for the city to continue to fund,
improve and support itself (including infrastructure) without the use of building permit
fees, impact fees and zoning fees.
Identify "Activity Centers": IdentifY areas that, due to the nature of existing uses,
anticipated uses, and/or transportation corridors, will lend themselves to increased activity
and non-residential use while preserving larger areas as residential neighborhoods.
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Preserving Regional Transportation Corridors (State Highway 16 & 44):
Preserve the function of regionally significant roadways trayeling through the City while
ensuring compatibility with land uses and design standards of the City.
Increased Employment Opportunities: Identity areas that will provide significant
employment opportunities to the residents of the City of Eagle, thereby supporting the City
as a place to live, work, and recreate
a. Maintain a Vision Map that depicts opportunities for creating and enhancing
activity centers and linkages between planning areas and the existing City. (See
Map 2.1)
b. Maintain a Future Land Use Map that encourages higher densities around
activity centers and transit routes but also provides for large residential areas that
continue to promote the rural character of the City of Eagle (See Map 6.1)
c. Use smaller planning areas to help guide development in the western planning
area. (See Map 6.2)
d. Non-residential uses should be limited to designated areas, with scaling and
intensity paramount to the approval of these uses.
e. Special design treatments shall be required to provide compatibility of new
development with existing development such as building orientation, increased
setbacks, height limitations, size restrictions design requirements, fencing,
landscaping or other methods as determined through the development review
process.
f. Commercial and subdivision development within the City will be subject to
Design Review.
g. The creation of single use commercial and office districts should be
discouraged, while uses that serve a variety of uses shall be encouraged.
h. New mid-block commercial development should be discouraged along arterial
and collectors unless it is specified in the plan and meets the principles of New
Urbanism and/or provides cross access between adjacent commercial parcels.
Existing mid-block commercial uses of a marginal nature shall be encouraged to
convert to residential uses.
6.40 - Village Planning Area:
The Village Planning Area is designed to provide flexibility of design while also ensuring
compatibility to existing large lot residential uses and transitional density as development
approaches Homer Road and the Foothills. This are is not intended to be master planned
but does require great care in planning to ensure that uses are compatible and that the
Village Center serves as an anchor of the area and is not taken over by residential uses.
Residential Areas:
Areas within close proximity of the Village Center shall be encouraged to include
apartments, town homes, condominiums, patio homes, bungalows and live/work units
ranging in densities from 5 to 20 units per acre.
Densities shall decrease radiating away from the Village Center. The overall densities in
the Village Planning Area outside of the Village Center shall average 1-2 units per acre to
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the south of Beacon Light Road. Residential densities north of Beacon Light should be 1-2
units per acre transitioning (feathering and clustering) to the north and east ensuring
compatibility with existing residential and foothill; development.
Access:
The Village Planning Area will promote the construction of an east/west boulevard that
will include planted medians, sidewalks and limited signalization. This road design shall
be similar to Harrison Boulevard and Park Center Boulevard in Boise.
This are will also include the extension of Homer Road from Linder Road to the Village
Center and the realignment of Beacon Light Road to slow the flow of traffic from Hwy 16
to Hwy 55.
The Village Planning Area will be dependent upon local road and interconnectivity as the
area develops.
Access to the area from State Highway 16 should be limited to the mile in alignment with
beacon Light Road and Floating Feather.
Commercial and retail uses should be discouraged from fronting on State Highway 16.
Non-residential uses should be focused internally to the Village Center and the residential
uses and located along local/collector roads.
Construction of frontage roads by ITD along the eastern side of State Highway should be
discouraged and landscape berms should be used to continue a gateway feeling to the City
along the eastern side of State Highway 16.
Non-motorized pathways should be incorporated into the design of the area linking
residential areas to the Village Center, foothills, and the City's existing downtown area.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code Section 8-1-2
Open Space
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.
· ECC Section 8-2-4 (G): A decrease of minimum lot size in a subdivision may be allowed if
there is an offsetting increase of the same square-footage in open space and a planned unit
development is applied for and approved.
· ECC Section 8-2-4 (I): Minimum lot frontage, the portion of a lot front adjacent to a public or
private street, for all residential zoning districts shall be 35 feet.
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· Eagle City Code Section 8-2A-7 J(4)(a & b) Major Roadways:
a. Any road designated as an urban or rural collector on the Ada County long range
highway and street map:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1 ') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chain link, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
b. Any road designated as a minor arterial on the Ada County long range highway and
street map:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet ofright of way: five
(5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1 ') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chain link, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
· Eagle City Code Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS":
It shall be the policy to guide a major development of land and construction by
encouraging planned unit development (PUD) to achieve the following:
A. A maximum choice of living environments by allowing a variety of housing and
building types and permitting an increased density per acre and a reduction in lot
dimensions, yards, building setbacks and area requirements;
B. A more useful pattern of open space and recreation areas and, if permitted as part of the
project, more convenience in the location of accessory commercial uses, industrial uses
and services;
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
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drainage patterns;
D. A more efficient use of land than is generally achieved through conyentional
development resulting in substantial savings through shorter utilities and streets; and
E. A development pattern in harmony with land use density, transportation and community
facilities objectives of the Comprehensive Plan.
· Eagle City Code Section 8-7-3-3 CONDITIONAL USES "PUBLIC SITES AND OPEN
SPACES" Public sites and open spaces shall conform to the following:
B. Natural Features: Existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, water courses, 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 sufficient park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development.
· Eagle City Code Section 8-7-3-5: CONDITIONAL USE PERMIT:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may
be attached to said permit including, but not limited to, those:
I. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
None, applicant shall comply with the Subdivision standards in effect at the time of
platting.
C. DISCUSSION:
· The applicant has prepared a development agreement to serve as a guide for this development
approval. Staff and the City attorney will verbally address their concerns at the public hearing.
· The Eagle Comprehensive Plan Land Use Map designates the property as "Village Center" with a
density not to exceed 10 units per acre, "Residential Two" with a density not to exceed two units
per acre. The overall density of the proposed development is 4.9 units per acre gross.
· Currently, the site is used as a confined animal feed operation. The house and associated barns are
located at the northeast corner of the property. The applicant is proposing to continue the existing
use of the property until they submit for a preliminary plat and/or planned unit development for the
site, See condition 1.12 of the development agreement. A demolition permit should be required
prior to the removal of the structures.
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· Since the applicant has not yet designed the preliminary plats for the development, it can not yet be
determined where, or if, all the density will be used in the project. With that, the Applicant is
requesting that once a base unit count is fixed for this development, then it will be recognized by
the City and the applicant that remaining, available units may be incorporated into any phase. At
the time of platting the site will include two types of uses I) approximately 100 acres of Mixed
Use including residential, office and commercial and 2) Residential with approximately 132 acres
at R-2 (minimum of 17,000sq ft lots) and approximately 140 Acres at R-4 (minimum of 10,000 sq
ft lots).
· The maximum development potential of the site is I, 824 units, if developed entirely as residential.
For each acre developed as mixed use 4.9 units shall be removed from the maximum residential
density. As depicted in the conceptual plan, with 100 acres of mixed use, the total residential unit
count would be 1,334.
· The attached conceptual plan, though subject to change, should be used as a guide to ensure that
the future plat is in general compliance with this approval.
· ACHD states that the ultimate alignment of Floating Feather Road is being studied and has not
been determined. If the Floating Feather Road alignment is to the south of this site staff would
encourage the southern commercial area, approximately 18 acres, to be developed as a true mixed
use area including residential.
· The property should be developed to comply with the minimum open space requirements of the
Eagle City Code, 10% or a minimum of37.2 acres.
· The property is located within the City of Eagle Municipal Water Service Area. The applicant
through the development agreement will comply with ECC Chapter 6 pertaining to the City of
Eagle Municipal Water System
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
annexation and rezone with the conditions of approval to be placed within a development
agreement as noted within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July 16,
2007, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSION DECISION:
The Commission voted 4 to 0 (McCarrel absent) to recommend approval of A-08-07 & RZ-I 0-07
for an annexation of372 acres and rezone from RUT (Rural Urban Transition-Ada County
Designation) to MU-DA (Mixed Use with a development agreement) for 100 acres, R-4-DA
(Residential up to 4 units per acre Maximum with a development agreement) for 140 acres, and R-
2-DA (Residential up to 2 units per acre maximum with a development agreement) for 132 acres
with the following staff recommended conditions to be placed within a development agreement
with text shown with strike-through to be deleted by the Commission.
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1.1 All development of the Property shall be consistent with the Eagle Architecture
and Site Design Book and the Eagle City Code 8-2A and be generally consistent with the Concept
Plan attached hereto as Exhibit A; provided, however, it is the intent of this Agreement to allow
flexibility at the time a detailed plan and platting are submitted to the City so long as the general
intent of the Concept Plan and the requirements set forth in this Agreement are met.
1.2 Applicant will develop the Property subject to the conditions and limitations set
forth in this Agreement. Applicant will also submit such applications regarding design reviews,
preliminary and final plat reviews, conditional use permits, if applicable, and any other applicable
applications as may be required by the Eagle City Code in effect at the time this Agreement is
recorded, provided that Applicant may, at its sole discretion, request to use the current version of
the Eagle City Code at the time of platting.
1.3 Development of the Property shall comply with Eagle's Comprehensive Plan and
City Code as in effect at the time this Agreement is recorded, provided that Applicant may, at its
sole discretion, request to use the current version ofthe Eagle City Code at the time of platting.
1.4 Development ofthe Property shall comprise two primary elements: residential
development and mixed use development, as described below:
1.4.1 Residential Development
1.4.1.1 Up to 1,824 dwelling units may be developed on the Property
which is an equivalent gross density of 4.9 residential dwelling units per
acre.
1.4.1.2 Residential development on the Property shall include 132 acres
of Residential Two (R-2), 140 acres of Residential Four (R-4), and 100 acres
of Mixed Use (MU).
1.4.1.3 The Residential densities illustrated in the conceptual plan are
maximums. The maximum density within the R-2 zone is two (2) units per
acre and the maximum density within the R-4 zone is four (4) units per acre.
1.4.2 Mixed Use Development
1.4.2.1 Mixed Use land uses shall be limited to 26.8% of the Property.
The Property shall be developed in compliance with the Eagle City Code and
Eagle's Comprehensive Plan as adopted at the time this Agreement is
recorded, except as otherwise provided in Section 1.3 of this Agreement.
1.4.2.2 Commercial uses shall conform with the "Community
Commercial" guidelines with in the City of Eagle Comprehensive Plan dated
February 13, 2007, except as otherwise provided in Section 1.3 of this
Agreement.
1.4.2.3 For each acre zoned Mixed Use (MU) that is not developed as
residential, 10 dwelling units shall be removed from the total maximum
allowed number of dwelling units provided under Section 1.4.1.1 ( 1,824
units) for the Property.
1.5 If the applicant chooses, a portion of the Property may be provided to the
Meridian Joint School District or other public school authority for use as one or more public
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school or public charter school sites. The school site(s) shall be subject to Eagle's design review
process and standards set forth in Eagle City Code Section 8-2A.
1.5.1 Up to 50% of the site or the non-building portion of the site may be
credited toward the open space requirement for the development.
1.5.2 The school site(s) shall be located north of Floating Feather Road and
access to the site( s) shall originate internally from the Property and not from any
arterial road.
1.5.3 This Agreement is in lieu of a conditional use permit for development of
the school site(s) that would normally be required within the "R2" zoning district.
1.6 Prior to issuance of any building permits, Applicants shall provide proof of
adequate sewer service to the proposed residences and commercial uses, by causing a letter of
approval to be provided to Eagle from the Eagle Sewer District.
1.7 Applicants 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 applicable
state and federal agencies, along with Eagle, and be in accordance with Eagle's Comprehensive
Plan and the Eagle City Code. Applicants agree all development and improvement of the Property
shall comply with all laws and regulations pertaining to regulated wetlands.
1.8 Applicants shall comply with all rules, regulations, and ordinances of Eagle
except as otherwise provided herein, including but not limited to applications for development
permits as required by Eagle City Code Title 10 (Flood Control).
8-2A.
1.9 Applicants shall comply with the landscape and buffering standards within ECC
1.10 The current conceptual plan for the property does not address the use of private
roads. If the applicant wishes to include private roads this development agreement shall be
amended a the time of preliminary plat.
1.1 I Except as otherwise expressly provided in this Agreement, the Property can be
developed in accordance with the Eagle City Code in effect on the date this Agreement is
recorded, provided that if the permitted uses for the R (Residential District)and the MU (Mixed
Use District) are expanded, such expanded uses shall be allowed under this Agreement.
1.12 The City is planning for potable water service for the Property and to provide such
service agrees to follow the City of Eagle Municipally Owned Water System PWS #40 I 020 I
Amended Master Plan (Revised November 2005) as may be reasonably amended from time to
time ("Facilities Plan"), provided that such amendment does not materially adversely impact the
Property. If the City does not follow the Facilities Plan, Applicant reserves the right to obtain
potable water service from other capable providers.
1.13 All feedlot and agricultural uses currently operating on the Property shall continue
to be allowed uses, until the submittal of the first preliminary plat/Planned unit development
application for the site.
1.14 All existing ground water and surface water rights held by the Applicant shall
remain in the ownership of the Applicant. Applicant may apply to the Idaho Department of Water
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Resources to convert the beneficial use of such water rights as necessary for development of the
Property to which the water rights are appurtenant. Applicant agrees that prior to any transfer of
the water rights from the Property, Applicant will provide the City a right of first offer for any
ground or surface water rights that the Applicant determines, in its sole discretion, are no longer
needed on the Property.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at the site at 6:00 PM, March 19, 2007, in compliance with the
application submittal requirement of Eagle City Code. The applications for this item were received by
the City of Eagle on May 1,2007.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on April 16, 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 April 3, 2007. Requests for agencies' reviews were
transmitted on April 3, 2006 in accordance with the requirements of the Eagle City Code. The site was
posted in accordance with the Eagle City Code on April 24, 2007
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-08-07
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 the City of
Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation ofMU-DA (Mixed Use with development agreement)
R-2-DA (Residential Two with development agreement) and R-4-DA (Residential Four
with development agreement) is consistent with the Village Center and 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 at the time of development, to serve all uses allowed on this property under the
proposed zone;
c. The proposed MU-DA (Mixed Use with development agreement) R-2-DA (Residential
Two with development agreement) and R-4-DA (Residential Four with development
agreement) is compatible with the R-2-DA-P (Residential up to 2unitls per acre with a
development agreement and PUD) zone and land uses to the south since this area is to
be developed as the Legacy Planned Unit Development;
d. The proposed MU-DA (Mixed Use with development agreement) R-2-DA (Residential
Two with development agreement) and R-4-DA (Residential Four with development
agreement)is compatible with the RUT (Ada County) zone and land uses to the east and
west since these areas have the same Comprehensive Plan designation as this site, and
may be developed with similar uses.
e. The proposed MU-DA (Mixed Use with development agreement) R-2-DA (Residential
Two with development agreement) and R-4-DA (Residential Four with development
agreement)is compatible with the RUT (Ada County) zone to the north since this areas
have the same Comprehensive Plan designation as this site, and may be developed with
similar uses.
f. The land proposed for rezone is not located within a "Hazard Area" and "Special Area"
as described within the Comprehensive Plan. and
g. No non-conforming uses are expected to be created with this rezone if the conditions to
be placed within the development agreement are achieved.
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DA TED this 6th day of August 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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