Findings - PZ - 2007 - A-16-07 & RZ-23-07 - Rz From Rut To Mu-Da/231.7 Acres Of Residential/+/-55.9 Acres Of Commercial UseORIGINAL
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) FOR SB /CH LAND COMPANY )
(FLACK/CARLOCK), LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A -16-07 & RZ -23 -07
The above - entitled annexation and rezone applications came before the Eagle Planning and Zoning
Commission for their recommendation on November 19, 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:
SB /CH Land Company (Flack/Carlock), LLC, represented by Ashley Ford with WRG
Design, Inc., is requesting an annexation and rezone from RUT (Rural Urban Transition -
Ada County Designation) to MU -DA (Mixed Use with a pre- annexation and/or
development agreement) for a Mixed Use Development including +/- 231.7 acres of
residential use (single - family and multi- family units) and +/- 55.9 acres of commercial
uses. The 287.6 -acre site is located at the Northeast corner of Beacon Light Road and
State Highway 16.
B. APPLICATION SUBMITTAL:
Neighborhood Meetings were held from 6:00 to 7:00 PM, April 23, 2007, and June 13,
2007, at the City of Eagle Library in compliance with the application submittal
requirement of Eagle City Code. The application for this item was received by the City of
Eagle on October 24, 2007.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on October 29, 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 October 26, 2007. Requests for agencies' reviews were transmitted on October
25, 2007, in accordance with the requirements of the Eagle City Code. The site was posted
in accordance with the Eagle City Code on November 2, 2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F
G.
H
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
TOTAL ACREAGE OF SITE: 287.6 Acres
Acres of Residential: - 27.7 Acres Residential I (42' x 85' Lots) 9.6%
(As shown on 44.7 Acres Residential II (55' x 110' Lots) 15.5%
Concept Plan) 41.6 Acres Residential III (65' x 110' Lots) 14.4%
47.0 Acres Residential IV (75' x 110' Lots) 16.3%
Total Residential Area 161.0 Acres 55.8%
Acres of Mixed Use 55.8 Acres 19.4%
Open Space 31.9 Acres 13.76% (based on residential area minus mixed use area)
Natural Drainage Area 5.3 Acres 2.28% (based on residential area minus mixed use area)
Remaining R.O.W. Area 33.6 Acres 11.7%
Total Area 287.6 Acres
(Inclusive of Residential Area)
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter dated October 24, 2007, provided by the applicant. (Attached
within the staff report)
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Transitional Residential
RUT (Rural Urban Transition-
Turf farm and agricultural
& Village Center (Sub-
Ada County Designation)
land
area)
Proposed
No Change
MU -DA (Mixed Use with a
Mixed Use Commercial
development agreement)
and Residential
Development
North of site
Transitional Residential
RUT & RR (Rural Urban
Agricultural land
Transition and Rural
Residential -Ada County
Designations)
South of site
Residential Two (up to
RUT (Rural Urban Transition-
Agricultural land and
2 units per acre)
Ada County Designation)
proposed Village Gateway
development
East of site
Transitional Residential
RUT (Rural Urban Transition-
Proposed J &M
& Village Center (Sub-
Ada County Designation)
Subdivision (Ada County
area)
application) and
agricultural land
West of site
City of Star's Area of
RUT (Rural Urban Transition-
Trellis Subdivision &
Impact
Ada County Designation)
Eagle Knoll Winery
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
TOTAL ACREAGE OF SITE: 287.6 Acres
Acres of Residential: - 27.7 Acres Residential I (42' x 85' Lots) 9.6%
(As shown on 44.7 Acres Residential II (55' x 110' Lots) 15.5%
Concept Plan) 41.6 Acres Residential III (65' x 110' Lots) 14.4%
47.0 Acres Residential IV (75' x 110' Lots) 16.3%
Total Residential Area 161.0 Acres 55.8%
Acres of Mixed Use 55.8 Acres 19.4%
Open Space 31.9 Acres 13.76% (based on residential area minus mixed use area)
Natural Drainage Area 5.3 Acres 2.28% (based on residential area minus mixed use area)
Remaining R.O.W. Area 33.6 Acres 11.7%
Total Area 287.6 Acres
(Inclusive of Residential Area)
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter dated October 24, 2007, provided by the applicant. (Attached
within the staff report)
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APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See attached justification letter dated October 24, 2007, provided by the applicant. (Attached
within the staff report)
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Lynn Moser with Eagle Sewer District stated in correspondence dated October 31, 2007, 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. Mr. Moser goes on to state that sewer could
be provided via the District's regional lift station to be constructed on the Legacy Development on
the east side of Palmer Road north of State Highway 44 and south of Floating Feather Road. The
estimated completion dated of the lift station is August 2009.
Layne Dodson with Idaho Power stated in correspondence dated November 1, 2007, that Idaho
Power has an approved Master Site Plan from Ada County for overhead sub - transmission power
lines near this property along Beacon Light Road. Construction of the line is estimated to occur
approximately in 2013.
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 through the City of
Eagle's municipal water system.
Scott Buck with Star Joint Fire Protection District stated in correspondence dated November 14,
2007, that a majority of the property is located within the boundaries of the Star Joint Fire
Protection District and all fire service /protection issues and agreements for this development shall
be negotiated by /with the Star Joint Fire Protection District.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
Fish Habitat — No
Floodplain — Yes — Little Gulch Drainage
Mature Trees — Yes — Northeast corner of property
Riparian Vegetation — No
Steep Slopes — Yes — Adjacent to Little Gulch Drainage
Stream /Creek — Little Gulch Drainage
Unique Animal Life — No
Unique Plant Life — No
Unstable Soils —No
Wildlife Habitat —No
N. NON - CONFORMING USES: None
O. 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:
Ada County Highway District
Central District Health
Chevron Pipeline
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Department of Environmental Quality
Eagle Sewer District
Idaho Power Company
Star Joint Fire Protection District
P. LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The Comprehensive Plan Land Use Map designates this site as Transitional Residential and
Scenic Corridor.
Residential Transition
Residential development that provides for a transition of density within the planning area
while keeping in context the density, scaling and lot sizes of existing or proposed uses.
Commonly requires changes in lot dimensions and scaling, see specific planning area text
for a complete description.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major
corridors and natural features through the city. These areas may require berming,
enhanced landscaping, detached meandering pathways and appropriate signage controls.
• Chapter 1 — Overview
1.3 The City of Eagle Vision Statement
In 1999, City of Eagle citizens envisioned their future town as a well - planned
community that encourages diversified living and housing opportunities, fosters
economic vitality that offers jobs for residents, and provides places for people to
recreate and enjoy Eagle's natural beauty.
We Envision That In The Future Eagle Will Be:
b. interconnected with user - friendly pathways and roadways;
e. an environmentally aware community with distinctive open space, parks and
outdoor recreation;
Similarly as in 1999, the 2004 Soaring 2025: City of Eagle Western Area Plan
outlined an extensive public visioning process to guide the plan. The visioning
sessions discussed potential growth areas and goals to guide the long term
development of the City. From these visioning sessions, the following four broad
goals were identified for the western AOI:
b. Identify "Activity Centers ": Identify areas that, due to the nature of existing
uses, future uses and /or transportation corridors, will lend themselves to
increased activity and non - residential use to preserve larger areas as primarily
residential neighborhoods.
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c. Preserving Regional Transportation Corridors (State Highway 16 & 44):
Preserve the function of regionally significant roadways through the City
while ensuring compatibility with land uses and design standards of the City.
• Chapter 4 — Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special districts
provide the basic services of water, sewer, school, police, fire and library to
residents. With Eagle's growing population comes the need for increased public
services and the necessity to improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded
play an important role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside providers,
it must be involved in any plans that will affect the community. Service providers
currently include:
a. The City of Eagle which provides administrative services, library services,
and a portion of the water service.
b. The Eagle Sewer District which provides sewer service within a designated
sewer service area. Larger lot homes have wells and septic systems and must
comply with Central District Health Department requirements.
c. The Meridian and Boise School Districts which provide K -12 education.
f. The Eagle Fire District which provides fire and emergency services.
g. Private canal companies and drainage districts which provide irrigation water
and drainage water management.
4.2 Schools
4.2.3 School Objectives
a. Support the effort of the school district to ensure adequate school sites are
provided and the intended capacity of the schools is not exceeded.
b. Support school district efforts to provide school sites and facilities that
accommodate student enrollment.
4.6 Domestic Water
4.6.1 Domestic Water - Existing and Future Conditions
Eagle Water Company (EWC), United Water Idaho (UWI) and the City of Eagle
(City) 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 also used in the City. UWI provides backup fire and
emergency storage to the eastern portion of the City's service area through an
agreement approved by the Public Utilities Commission.
In 2005, the City adopted a Water System Master Plan that defines existing and
future service areas. The Master Plan identifies major infrastructure requirements
in the service area including storage tanks and water transmission mains from
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Linder Road to Highway 16 and from Homer Road to Highway 20/26. The Master
Plan called for the City to create a Public Works Department including hiring a
Public Works Director. Subsequently, the City has undertaken efforts to budget
for and hire staff to begin the process realizing that goal.
The City has also implemented other aspects of the Plan including applying for
water rights and obtaining approval for wells for its western growth area.
Construction of a one million gallon reservoir, a new city well and a SCADA
control system will be completed in the fall of 2007.
• Chapter 6 — Land Use
6.6 Land Use Implementation Strategies
u. 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.
v. Use smaller planning areas to help guide development in the western planning
area.
w. Limit non - residential uses to designated areas, with scaling and intensity
paramount to the approval of these uses.
x. Require design treatments to provide compatibility of new development with
existing development by considering such issues as building orientation,
increased setbacks, height limitations, size restrictions, design requirements,
fencing, landscaping or other methods as determined through the development
review process.
y. Subject to Design Review all commercial and subdivision development within
the City
6.8.3 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 area 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.
a. Uses/Design
The land use and development policies specific to the Village Planning Area
include residential, commercial, retail, civic, research and development park,
corporate and /or educational campus, hospitality and office uses. Non-
residential uses will be focused in the Village Center.
Village Center: The Village Center encompasses approximately 600 -
acres and is bounded generally by Beacon Light Road to the north,
Floating Feather Road to the south, Palmer Lane to the west and
Lanewood Road to the east. Non - residential uses will be focused in the
Village Center. This area is comprised of three key components:
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(a) A village center providing retail commercial, hospitality and civic
uses;
(b) A research and development/educational campus and /or corporate park
area designed to provide sufficient space for corporate headquarters in
a park -like setting near ancillary commercial uses located in the village
center; and
(c) A potential high school and /or middle school site located near the
village center and higher density residential areas. This location allows
for the transfer of density into an appropriate residential area which
minimizes busing costs and the traffic concerns of placing schools in
residential areas because the schools will be within walking distance to
services that the students would typically use.
Illustration 6.2
Village Center Concept
2. Residential Areas:
New developments that are proposed near 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.
Decreasing densities should be allowed as the area radiates out of the
village center. The overall densities in the Village Planning Area outside
of the village center shall average 1 -2 units per acre to 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 foothills
development.
Lot sizing and compatibility will be paramount as residential development
reaches the existing 2- and 5 -acre lots in the area east of Linder Road and
north of Floating Feather Road.
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Special care should be given to the feathering and clustering of residential
units as development reaches the foothills/ Farmers Union Canal.
All Commercial use beyond Neighborhood Commercial should be
directed to the commercial center at State Highway 16 & 44 or to the
Village Center.
Illustration 6.3:
Farmland Cluster Example
b. 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 area 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 between Hwy 16 and Hwy 55.
The Village Planning Area will be dependent upon the interconnectivity of
local roads as the area develops.
Access to the area from State Highway 16 should be limited to the mile
between Beacon Light Road and Floating Feather.
Commercial and retail uses should be discouraged from fronting on State
Highway 16. Non - residential use should be focused internally to the Village
Center and the residential uses and located along local /collector roads.
ITD should be discouraged from constructing frontage roads along the eastern
side of Hwy 16 and landscape berms should be used to continue a gateway
feeling to the city along the eastern side of Hwy 16.
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The design of the area should incorporate non - motorized pathways linking
residential areas to the village center, foothills and the existing Eagle
Downtown.
• Chapter 8 — 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 -Way:
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
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.
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Access Function:
To provide limited and controlled access to commercial and industrial areas and to
residential neighborhoods.
Right -of -Way:
As shall be determined by the Highway District having jurisdiction with
recommendations by the City seriously considered by the Highway District.
8.6 Implementation Strategies
Require new developments to submit a traffic impact study prepared by ACRD,
ITD or a qualified and licensed traffic engineer. The traffic impact study should
include, but not be limited to, potential impacts to existing traffic patterns,
suggested roadway widths, access to existing and proposed roadways,
signalization, location and need for intersections, turn lanes, and bus stops. In
addition, the traffic impact study should address parking and pedestrian traffic.
hh. Encourage the development of park and ride facilities within the Village
Center.
• Chapter 9 — Parks, Recreation, and Open Spaces
9.3 Future Conditions: (Reads in part)
The National Recreation and Park Association (NRPA) has developed standards
for communities to use for planning, developing and acquiring park and recreation
lands (see Table 1 below).
TABLE # 1
NRPA Recommended Standards for Recreational Areas
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 of a variety of species (e.g., fish, eagle, etc.) and play an important
role in the community's ecology.
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Mini -Parks
Neighborhood
Parks
Community
Parks
Regional
Parks
STANDARDS
Optimum Size
I Acre or Less
3 — 15 Acres
10 — 25 Acres
125 + Acres
Radius Served
0.25 Miles
0.5 Miles
2 Miles
.50 Miles
GUIDELINES
Acres /1,000 Population
0.25 — 0.5 Acres
1 — 1 Acres
5 — 8 Acres
5 — 10 Acres
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 of a variety of species (e.g., fish, eagle, etc.) and play an important
role in the community's ecology.
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9.4 Parks
9.4.1 Goal
To create ample areas and facilities for our residents' diverse indoor and outdoor
park and recreational interests.
9.4.2 Objectives
c. To provide a system of neighborhood parks where safe and convenient access
is available to residents.
d. To dedicate and develop areas for parks in new residential developments.
9.5 Pathways and Greenbelts
Pathways are nonmotorized multi -use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
c. To create and preserve non- motorized, multi -use pathway corridors in public
and private lands within the Eagle foothills.
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.
0 Chapter 10 — Housing
10.1 Background
The Eagle area is transitioning from primarily agricultural land uses to residential
and commercial land uses. Eagle's quiet charm and agricultural roots have made
the community a mecca for those seeking larger lots for open space and gentleman
farming. 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
12.2 Goals
Protecting the City's character: Strive to create an aesthetically pleasing
community and protect the unique natural beauty and small town character of the
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City.
Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve
the function of regionally significant roadways through the City while ensuring
compatibility with land uses and design standards of the City.
Identifying "Activity Centers ": Identify areas that, due to the nature of existing
uses, future uses and/or transportation corridors, will lend themselves to increased
activity and non - residential use and will therefore allow the City to preserve larger
areas as primarily residential neighborhoods.
12.4 Implementation Strategies
k. Establish and maintain development patterns and design criteria in keeping
with the rural transitional identity of Eagle.
g. Discourage excessively large single entity businesses that would jeopardize
the competitive business environment.
k. Develop buffer and transition zones between conflicting types of land use.
1. Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridgelines as visual amenities.
m. Encourage the development of pathways and open -space corridors throughout
the City.
w. Ensure that all commercial uses are designed to be compatible with, and
context sensitive to, residential uses and environmentally sensitive areas.
x. Encourage the preservation and public access to open space through
developments and as a rural design element of urbanizing areas.
y. Ensure that commercial development is scaled appropriately to the intended
regional, community and neighborhood use.
z. Limit non - residential uses to designated areas and make scaling and intensity
of use paramount criteria during the review and approval process.
aa. Ensure that gateways are properly delineated and incorporated into
development through the use of approved landscaping, entry markers and
place making features.
bb. Provide a variety of housing opportunities ranging from large lot residential to
multi - family apartment uses.
cc. State Highway 44, State Highway 20/26, State Highway 16 and the proposed
east west collector are designed as scenic corridors requiring landscaped
setback and separated meanderings sidewalks.
ee. Recognize the following gateways:
1. State Street and State Highway 16
ii. Identify a utility transmission corridor for all above ground utility
transmission lines in the City of Eagle.
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• APPENDIX 1 - GLOSSARY
Commercial - Neighborhood Commercial
A moderate sized shopping area that features a grocery store but may also
include a drug store or variety of services such as stationary, clothes,
restaurants, dry cleaners, real estate, gardening and other similar uses. A
neighborhood commercial area may have a total of 15,000 to 30,000
square feet but no single buildings in excess of 25,000 square.
Context Sensitive Design
Context sensitive design (CSD) is a collaborative, interdisciplinary
approach that involves all stakeholders to develop land uses and
transportation facilities that fit its physical setting while preserving the
scenic, aesthetic, historic, and environmental resources.
Feathering
The process of transitioning density within a development while
providing compatible lots sizes and lot boundaries.
Gateway
A major corridor or entry into the City of Eagle that will tend to create an
initial positive impression of the City for visitors. Gateway streets should
be subject to enhanced design review standards such as signage,
landscaping, architecture, and vehicular access.
Limited Service Commercial
Uses that accommodate retail sales and services for the daily self
sufficiency of local communities, ensuring that the intensity of limited
commercial development is compatible with the character of the area with
special concern to adjacent residential uses.
Regional Transportation Corridors
Roadways that link communities across the region; normally these are
state highways and major arterials but may include minor arterials in rural
areas.
Strip Commercial
A variety of unrelated retail, service and fast food use located at mid
block, oriented to take advantage of passing automobile traffic.
Connectivity between strip commercial is usually poor, and each use will
tend to have its own curb cut onto the arterial.
Transitional Density
The shifting of density within a development to allow compatibility with
existing uses adjacent to or within a site.
Trip Capturing
The design of transit, commercial, retail and office areas so that patrons
are able to accomplish multiple daily tasks with one vehicle trip as
opposed to having to use multiple vehicle trips to go to several single use
areas. This is opposite of trip generation which is a use that creates a new
independent vehicle trip for a specific use or a use that is a single
destination site.
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8 -1 -2 Rules and Definitions:
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.
Planned Unit Development:
A development designed to incorporate a variety of lot sizes and created to
accommodate a wide range of income levels and planned to be developed as a unit
under single ownership or control which may include residential, commercial, or
office uses or any combination thereof.
• Eagle City Code, Section 8 -2 -1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the
zoning districts have been formulated to realize the general purposes as set forth in this
title. In addition, the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as
limited office, limited commercial, and residential. This district is intended to ensure
compatibility of new development with existing and future development. It is also
intended to ensure assemblage of properties in a unified plan with coordinated and
harmonious development which shall promote outstanding design without unsightly and
unsafe strip commercial development. Uses should complement the uses allowed within
the CBD zoning district. All development requiring a conditional use permit in the
MU zoning district, as shown in section 8-2 -3 of this chapter, shall occur under the
PUD and/or development agreement process in accordance with chapter 6 or 10 of
this title unless the proposed development does not meet the area requirements as set forth
in section 8 -6 -5 -1 of this title. In that case a cooperative development, in conjunction with
adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise
a conditional use permit shall be required unless the proposed use is shown as a permitted
use in the MU zoning district within section 8 -2 -3 of this chapter. Residential densities
shall not exceed ten (10) dwelling units per gross acre. When a property is being proposed
for rezone to the MU zoning district a development agreement may be utilized in lieu of
the PUD and/or conditional use process if approved by the city council provided the
development agreement includes conditions of development that are required during the
PUD and conditional use process.
• Eagle City Code, Section 8 -2 -3 Schedule of District Use Regulations:
Residential dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning
designation.
• Eagle City Code, Section 8 -2A -7 (J)(4)(b &c) Buffer Areas/Common Lots:
4. Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi - family developments, shall be buffered from streets classified
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as collectors, arterials, freeways, or expressways, to protect residential communities
from noisy, potentially dangerous, high speed roads. The "buffer area" shall be
defined as common lot located between the residential lots within the subdivision and
the right -of -way line of the adjacent roadway. This buffer is required as part of the
common area open space owned and maintained by a homeowners' association. Any
landscaping proposed to be within the public right of way shall not be included as a
part of the buffer area required below. The height for berm ing/fenc ing, as noted
below, shall be measured from the elevation of the final grade of the adjacent roadway
(measured at the centerline) to the top of the proposed berming/fencing. The required
buffer area width, plantings, and fencing are as follows:
b. Any road designated as a minor arterial on the transportation and pathway network
plan in the Eagle comprehensive plan:
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 of right 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 (P) 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.
Chainlink, cedar, and similar high maintenance and /or unsightly fencing shall not
be permitted.
c. Any road designated as a principal arterial on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of seventy five feet (75') 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: six (6) shade trees, ten (10) evergreen trees, four (4)
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 ten foot (10') high, maximum twelve foot (12') 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.
Chainlink, cedar, and similar high maintenance and /or unsightly fencing shall not
be permitted.
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• Eagle City Code, Section 8 -6 -1 Planned Unit Development; Purpose, Goals, and Objectives:
C. Objective: To guide land development and construction through the planned unit
development (PUD) to achieve the following:
2. 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, office
uses and services;
3. A development pattern which preserves and utilizes natural topography and
geologic features, scenic vistas, trees and other vegetation, and prevents the disruption
of natural drainage patterns;
5. A development pattern in harmony with the objective for land use density,
transportation and community facilities as presented in the comprehensive plan.
• Eagle City Code, Section 8 -6 -5 -2 Common Area Open Space:
A. Required Common Area Open Space: A minimum of twenty percent (20 %) of the
gross land area developed in any residential PUD project shall be reserved for
common area open space and recreational facilities for the residents or users of the
area being developed.
C. Compliance: All common area open space shall be evaluated for its compliance with
the following:
1. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
2. Siting: Visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment.
D. Direct Access: A minimum of fifty percent (50 %) of all lots shall be designed to be
adjacent to, or at a minimum, have direct access to common area open space. The term
"direct access" means all building lots are to be located a maximum of two hundred
fifty feet (250') away from a pathway connecting to a common area open space lot.
Building lots separated from a common area open space lot by a local roadway shall
be deemed to have achieved direct access. The required planter strip located between
the sidewalk and the street will not be permitted to fulfill this requirement.
E. Dedication Of Land For Public Use: A required amount of common open space land
reserved under a PUD shall either be held in corporate ownership by owners of the
project area for the use of each owner who buys property within the development or
be dedicated to the public and retained as common open space for parks, recreation
and related uses. Public utility and similar easements and right of way for
watercourses and other similar channels are not acceptable for common open space
dedication unless such land or right of way is usable as a trail or other similar purpose
and approved by the council.
F. Maintenance: The responsibility for the maintenance of all open spaces shall be
specified by the developer before approval of the final development plan.
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• Eagle City Code, Section 8 -6 -5 -5 Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as
to provide an enhanced integration of open space and a variety of housing options, the
following design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone
as established in section 8 -2 -4 of this title, except that a decrease in the minimum lot
size may be allowed if there is an "offsetting increase" of the same square footage in
open space and a favorable finding is made by the council that the smaller lots are
appropriately integrated into the overall design and that the building product type is
compatible with the PUD and surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting
point for minimum open space, prior to any "offsetting increase" being added, shall be
the area that is equal to ten percent (10 %) of the site. This allowance shall only be
permitted under the following criteria:
1. The total common area open space shall be equal to or greater than twenty percent
(20 %), inclusive of the "offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity
and architectural and siting variation are incorporated into the development and that
these factors make up a substantial contribution to the objectives of the PUD. These
design elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment, variation
in building setbacks and building grouping (such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base
zone under section 8 -2 -4 of this title.
• Eagle City Code, Section 8 -6 -5 -6 Arrangement of Office and Commercial Uses:
When PUDs include commercial or office uses, buildings and establishments shall be
planned as groups having common parking areas and common ingress and egress points in
order to reduce the number of potential accident locations at intersections. Planting
screens or fences shall be provided on the perimeter of the commercial areas abutting
residential areas.
The plan of the project shall provide for the integrated and harmonious design of
buildings, and for adequate and properly arranged facilities for internal traffic circulation,
landscaping and such other features and facilities as may be necessary to make the project
attractive and efficient from the standpoint of the adjoining and surrounding
noncommercial areas.
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C
Q
All areas designed for future expansion or not intended for immediate improvement or
development shall be landscaped or otherwise maintained in a neat and orderly manner.
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.
DISCUSSION:
The Comprehensive Plan's Land Use Map designates this site as Transitional Residential and
Scenic Corridor. The Comprehensive Plan's Land Use Map also designates this area to be
located within the Village Planning Area. The applicant is requesting a MU -DA (Mixed Use
with development agreement) zoning designation to develop the property in a manner
consistent with the Village Planning Area and in relation to a Village Center which will be
located east of this site. The Village Planning Area allows for flexibility of design while also
ensuring compatibility to existing residential uses in the area and providing for a transitional
density as development approaches the Foothills.
• The Village Center is comprised of three key components:
1. Residential, commercial, retail, civic
2. Research and development park, corporate and/or educational business campus with
ancillary commercial uses
3. Potential high school and /or junior high school located near the village center and
higher density residential areas.
• The Mixed Use area as shown on the Concept Plan date stamped by the City on October 24,
2007, should contain some kind of corporate and /or educational campus or medical facility use
with ancillary uses in proximity to the campus /facility area.
• The 2007 Comprehensive Plan, Glossary, defines Neighborhood Commercial as a land use
designation that allows for commercial development with no single buildings not exceeding
25,000 square feet. Therefore; to eliminate the possibility of a single retail business creating
trip generation to the area no single retail business should exceed 25,000 square feet in size.
The Comprehensive Plan text within Chapter 6 - Land Use, Village Planning Area,
6.8.3(a)(2), states that Residential Areas in proximity to 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. The densities as you approach
the northern boundary should be 1 -2 units per acre ensuring compatibility with existing
residential and foothills development. The Comprehensive Plan defines "Transitional Density"
as the shifting within a development to allow compatibility with existing uses adjacent to the
site. The Plan also defines "Feathering" as the process of transitioning density within a
development while providing compatible lot sizes and boundaries. The Concept Plan date
stamped by the City on October 24, 2007, indicates the lots adjacent to the Mixed Use area
labeled Residential I, to be 42' x 85' (3,570 square feet) in size transitioning to area adjacent
to the northern property line labeled Residential IV to be 75' x 110' (7,150 square feet) in
size. Although the lot size of 42' x 85' (3,570 square feet) is comparable to a minimum lot
size which would be allowed for an R -10 (residential -up to ten units per acre) zone the
applicant should provide a revised Concept Plan indicating a unit count to allow for multi-
family dwellings with higher density adjacent to the Mixed Use area and transitioning to the
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north with lots adjacent to the northern boundary to be a minimum of 37,000 square feet in
size.
• The Concept Plan date stamped by the City on October 24, 2007, shows residential areas
adjacent to State Highway 16, a principal arterial, and adjacent to internal roads, which will be
either collectors or minor arterials. All residential areas adjacent to arterials or collectors
should have the required landscaping and buffering per Eagle City Code.
• Ada County Highway District (ACRD) provided correspondence date stamped by the City on
November 15, 2007, requesting the City not take action on the application until the District
has had an opportunity to sufficiently review the submitted traffic impact study. The District
also has concerns regarding the sizing, location and setbacks of the proposed roadways located
within the development. Since this application is regarding the annexation and rezone of the
property and a preliminary plat application will be submitted at a later date the applicant
should be aware that road location may be changed from those shown on the Concept Plan.
The applicant should comply with all requirements of ACHD and ITD at the time of
preliminary plat.
• On June 19, 2007, the City Council adopted Resolution No. 07 -14, recognizing the Eagle
Wine District Overlay (EWD). The proposed Terra View development is located within the
EWD overlay. The applicant should work with the City and ACHD during the TLIP
(Transportation Land Use Integration Plan) process to establish road design standards which
are unique to the EWD.
• The applicant should work with ACHD to establish a Park and Ride facility to be located
within the Mixed Use area shown on the Concept Plan date stamped by the City on October
24, 2007, to help with the reduction of vehicle trips from this development and other
developments in the immediate area.
• Star Joint Fire Protection District provided correspondence date stamped by the City on
November 15, 2007, indicating a majority of the property lies within the boundaries of the Star
Joint Fire Protection District. With this being the case the applicant should be required to work
with both the Eagle Fire District and the Star Joint Fire Protection District regarding all fire
service /protection issues for the proposed development.
• The Concept Plan date stamped by the City on October 24, 2007, shows developed open space
approximately 22.6 +/- acres in size adjacent to the west side of Palmer Road. The applicant
may want to consider donating all or portion of this area to the City for a future park site.
• The applicant may also want to consider located an assisted living facility and a community for
"older persons" (55 and over — as defined by the federal fair housing act of 1999, or any
subsequent revision thereof) east of Palmer Road in the areas labeled Residential I and
Residential II as shown on the Concept Plan date stamped by the City on October 24, 2007.
• The FEMA, Flood Insurance Rate Maps (Panel numbers 130 & 135) designate portions of this
site as Zone A (100 year) floodplain. The applicant should be required to provide
documentation from The Army Corps of Engineers approving any proposed LOMRs or should
be required to comply with the City of Eagle's floodplain development ordinance prior to
approval of the preliminary plat.
Due to the location of the floodplain, a 404 - Permit may be required by the Army Corp of
Engineers for development in the area. The applicant should provide documentation from the
Army Corps of Engineers regarding the requirement of a 404 - Permit prior to submitting
application for final plat approval.
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• The residential portion of the property should be developed to comply with the minimum open
space requirements of the Eagle City Code, 20% or a minimum of 46.36 acres.
• Although there is not a City pathway plan associated with this area the applicant should
incorporate non - motorized pathways providing interconnectivity within the residential area
and providing linkages to the mixed use area in the southern portion of the development and
providing connection points to adjacent properties.
• The property is located within the City of Eagle Municipal Water Service Area. The applicant
through the development agreement will comply with Eagle City Code, 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
November 19, 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 four (4) individuals who expressed the following concerns regarding the development:
1. Lack of transitioning of lot sizes adjacent to the northern boundary.
2. Commercial buildings will obstruct view of the mountains from Trellis Subdivision.
3. Proposed density is inappropriate for the area.
4. The infrastructure for the area is inadequate (transportation, water, sewer, schools, fire, police,
etc.).
5. Required infrastructure will be installed at no expense to the taxpayers of the City of Eagle.
6. Housing will not be comparable to existing housing in the area.
D. Oral testimony neither in favor nor opposed to the proposal was presented by one (1) individual who
owns property to the north and currently has an access easement on the subject property. The
individual requested that a provision be conditioned to protect their existing access easement on the
property is protected or ensure ingress /egress is provided to their property north of the proposed
development.
A representative from Star Joint Fire Protection District testified in regard to the property being located
within two (2) fire districts and the need for the applicants to work with both fire districts regarding
fire protection issues for the development. One individual voiced concerns regarding the proposed
location of the Homer/Palmer Road realignment and requested that flexibility be considered regarding
the proposed location of the road.
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COM31ISSION DECISION:
The Commission voted 4 to 1 (Aspitarte against) to recommend approval of A -16 -07 & RZ -23 -07
for an annexation and rezone with a development agreement from RUT (Rural Urban Transition —
Ada County designation) to MU -DA (Mixed Use with a development agreement) for SB /CH Land
Company (Flack/Carlock), LLC, with the following staff recommended conditions to be placed
within a development agreement with text shown with strike- through to be deleted and underline
text to be added by the Commission.
Commissioner Aspitarte voted against the motion because he considered that due to the requested
density, design, and lack ofsufcient open space the project is not compatible with adjacent
properties.
3.1. All development within the Property shall be consistent with the Eagle Architecture and
Site Design Book, Eagle City Code, Eagle Comprehensive Plan (specifically Chapter 6.8.3 governing the
Village Planning Area), and be generally consistent with the proposed Conceptual Development Plan (the
"Plan ") attached hereto as "Exhibit A ". The Plan describes the general nature and relative location of
certain elements for the Property. The intent of this Agreement is to allow sufficient flexibility at the time
a detailed plan and platting are submitted to the City, while maintaining the general intent of the Plan with
the requirements set forth in this Development Agreement.
3.2. Applicant will develop the Property subject to the conditions and limitations set forth in
this Development Agreement. Applicant will also submit such applications regarding design review,
preliminary and final plat reviews, and /or any conditional use permits, if applicable, and any other
applicable applications as may be required by the Eagle City Code.
3.3. Except as otherwise provided within this Agreement or by applicable ordinances, the
Terra View shall comply with the Eagle Comprehensive Plan and City Code, as they exist at the time this
Development Agreement is recorded.
3.4. The 287.6 acre site of Terra View shall consist of +/- 231.7 acres of residential use
(single - family and multi - family units) and +/- 55.9 acres of non - residential uses.
3.4.1 Village Planning Area. Situated at the Northeast corner of Highway 16 and
Beacon Light Road, this parcel is located within the Village Planning Area pursuant to the Eagle
Comprehensive Plan (Chapter 6.8.3); an area designed to provide compatibility to the Village
Center utilizing transitional density of residential uses. Applicant agrees that all land uses to be
utilized on the Property shall be compatible to the Village Center planning area emphasizing
mixed uses of both residential and commercial development that provides for a transition of
density within the planning area while keeping in context the density, scaling, and lot sizes of
existing or proposed uses.
3.4.1.1. Residential development in this area shall emphasize apartments, town
homes, condominiums, patio homes ranging in densities with decreasing densities as the
area radiates out of the village center. Residential and non - residential development shall
emphasize pedestrian friendly transitional development.
3.4.1.2. Commercial development in the Village Planning Area should strive to
enhance vehicular trip capture minimizing high traffic generating uses. The Village
Planning Area specifically seeks to provide retail commercial, hospitality, and civic uses; a
research and development/educational campus and /or corporate park area designed to
provide sufficient space for corporate headquarters in a park -like setting near ancillary
commercial uses located in the village center.
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3.4.2. The Property shall be developed in compliance with Eagle City Code and the
Eagle Comprehensive Plan, as adopted at the time this Development Agreement is recorded,
except as otherwise provided herein.
3.4.3. Non - Residential (Commercial) Mixed Use Commercial uses shall be limited to
those uses that compliment or are ancillary to the Village Center corporate campus and are
otherwise limited to the following uses:
• Bar
• Coffee Shop
• Childcare Daycare Center
• Food and Beverage Sales, Excluding liquor sales(hours limited to lam to
I Opm)
• Live entertainment events
• Massage Spa
• Office Business, professional, and medical
• Professional Activities
• Restaurant (hours limited to lam to l Opm)
• Retail Sales Limited
• Retail Sales (pharmacy and medical)
• Travel services
• Theater (movie)
3.4.3.1 No single retail tenant on the Property shall exceed twenty- five
thousand (25,000) square feet in building footprint area.
3.4.3.2 No portion of the Property shall be used for any of the
following uses:
• All Commercial Two (C2) Uses
• All Industrial Uses
• Fuel Service
• Outside Storage,
• "Commercial, Adult Business,"
• "Commercial, Automotive, mobile home, travel trailer, and /or
farm implement sales, "
• "Commercial, Cemetery,"
• "Commercial, Drive -in theatre,"
• "Commercial, Mortuary/Funeral Home."
• "Commercial, Storage (fenced area),"
3.4.4. Residential Development.
3.4.4.1 The total residential area shall be 444 231.7 Acres representing 5-54
80.5% of the Property. The maximum density for the Property shall be
2.89 dwelling units per acre with a maximum of 670 dwelling units.
Residential portions of the Property shall not require a conditional use
permit.
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3.4.4.1.1 Residential Development shall emphasize transitioning with
multi- family dwellings adjacent to all Mixed Use Non -
Residential development and residential lots transitioning to
the north.
3.5 Access. The Village Planning Area shall consist of a boulevard that will include medians,
sidewalks, and limited signalization similar to Harrison Boulevard in Boise. Applicant shall work with
ACHD and the City through the TLIP (Transportation Land Use Integration Plan) due to the Eagle Wine
District Overlay to establish unique cross sections for Beacon Light Road and Palmer Road.
3.5.1. Applicant shall be required to coordinate its access point to Beacon Light Road with
the southern access point to Beacon Light Road. (Village Gateway access)
3.5.2. Applicant shall cooperate with ACHD in acquiring a Park & Ride facility to be
located in the Mixed Use area adjacent to Beacon Light Road as shown on the "Plan ".
3.6 Eagle hereby acknowledges that the attached typical housing styles and lot layout plan
(Exhibit "E ") represents an example of the Property Owners' current concept for the site and understands
and agrees that changes in that concept will likely occur but that the changes must substantially conform to
the concept plan and related designs herein. The Property Owner also understands and agrees that any
changes regarding development of the site must be in conformance with the "Conditions of Development"
stated herein.
3.7 All multi - family structures shall comply with ECC 8 -2A and shall receive approval from
the Eagle Design Review Board and City Council prior to the issuance of any building permits.
3.8 Dimensional standards within the development shall be as follows: (product type location
is attached as Exhibit C)
Dimensional Standards by Product Type
M -U Zone multi -famil units) Min. of 20 ft between buildings
Size
frontage
front
setback
rear
setback
side in
side
out
width
Varies
35
20
20
10
20
75
MU Zone (single family detached
Size (sq ft)*
frontage
front
setback
rear
setback
side
in **
side
out
Width
6,000, 6,500 &
7,000
35
20*
20
7.5
20
50
*All lots between 6, 000 and 6,99 sq ft shall have shared/common drives. All lots less
than 6,000 sq ft shall be alley loaded. See Exhibit D for lot access requirements.
Size
frontage
front
setback
rear
setback
side
in **
side
out
Width
8000 -9999
35
20
25
7.5
20
70
10000 -16999
35
30
25
7.5
20
70
17000 -36999
35
30
30
10
20
75
37000+
35
30
30
15
30
100
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** Additional 5 feet per story side setback is required for multi-story structures.
Non - residential uses
Size
frontage
front
setback
rear
setback
side in
side
out
Width
5000 minimum
20
20
7.5
20
1 50
Residential and Non - residential uses Maximum Lot Coverage 50%
3.9 The Property shall comply with all Parking requirements pursuant to the Eagle City Code
as substantially depicted on the Plan.
3.10 Except for the limitations and allowances expressly set forth above and the
other terms of this Agreement, the Property may be developed and used consistent with the Mixed Use
land uses allowed by the Eagle City Code, and Eagle's Official Schedule of District Use Regulations,
existing at the time this Development Agreement is recorded, a copy of which is attached hereto by
reference herein as "Exhibit ".
3.11. Prior to issuance of any building permits, Applicant shall provide proof of
adequate sewer service to the proposed uses. A letter of approval shall be provided to the City from the
Idaho Department of Health, Division of Environmental Quality, and/or Central District Health, prior to
issuance of any building permits.
3.11.1. Applicant acknowledges that the Property is currently not annexed to the Eagle
Sewer District and annexation shall be required prior to approval of a final plat for the first
phase by the City.
3.11.2. Applicant acknowledges that the Property is located within the City of Eagle
Municipal Water Service Area and compliance with applicable Eagle City Code sections
is required.
3.12. Applicant shall provide a report or analysis of any proposed changes to wetlands located
on the Property and any such change shall be contingent upon approval by the applicable state and federal
agencies, along with the City of Eagle, and shall be in accordance with the Eagle Comprehensive Plan and
City Code. Applicant agrees all development and improvement of the Property shall comply with all laws
and regulations pertaining to regulated wetlands.
3.13. Applicant will comply with all rules, regulations and ordinances of Eagle unless as
otherwise required herein, including, but not limited to, applications for development permits as required
by Title 10, Flood Control, Eagle City Code.
3.14. Applicant shall provide an on -site, tree lined landscape strip along State Highway 16 and
Beacon Light, including a ten (10) foot wide bicycle /pedestrian pathway within the landscape common lot
as generally shown and depicted on "Exhibit A" and in the Eagle Comprehensive Plan. The width of the
landscape strip in various locations shall be as shown on "Exhibit A ", attached hereto and incorporated by
reference herein. The landscaping, including street trees and pathways, shall be reviewed and approved as
required by applicable Eagle City Code provisions and as set forth as follows:
3.14.1. A seventy-five (75) foot wide common lot shall be provided adjacent to residential
areas along State Highway 16 and shall include a minimum ten foot (10') high, maximum
twelve foot (12') foot high berm /wall combination with extensive landscaping to provide a
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buffer. All buffers should be located within a common lot outside of the 100 ft. setback
from centerline for right of way dedication to ITD.
3.14.2. A fifty (50) foot wide common lot shall be provided adjacent to residential areas
along Beacon Light Road and shall include a minimum five foot (5) high, maximum eight
foot (8') high berm/wall combination with extensive landscaping to provide a buffer.
3.14.3 The property shall be designed to allow for a public roadway connecting this site
to the adjacent site to the east and to the Village Gateway development to the south.
Approved access points are subject to approval by ITD and ACHD and Applicant must
provide all necessary approvals and /or license agreements.
3.15. Building placement shall be designed such that parking areas are not concentrated
between the buildings and roadways of a collector status or higher. The side of any buildings facing these
roads shall be provided with architectural design elements and architectural relief in keeping with the
proposed architectural styles contained in "Exhibit E ", attached hereto and incorporated herein by
reference.
3.16 Pathways and pedestrian/bicycle public access connecting the public roads to residential
areas and commercial areas shall be provided consistent with the Eagle Comprehensive Plan and Eagle
City Code to be reviewed and approved by the Parks and Pathway Development Committee prior to
preliminary plat approval.
3.17. Except as otherwise provided in this Agreement, the Property can be developed in
accordance with the Eagle City Code in effect on the date this Agreement is executed, if the permitted uses
of the Mixed Use Zone are expanded, such expanded uses shall be included in this Agreement.
3.18. As required by Title 6 chapter 5 Eagle City Code, the Property shall become part of the
City of Eagle's municipal water system and comply with the Eagle City Code. All water mains to be
dedicated to the public shall only be constructed on rights of way, easements or publicly owned property.
Easements or permits secured for main extensions shall be obtained in the name of the City, along with all
rights and title to the main at the time of service is provided to the customer paying for the extension.
Water mains shall be extended by the applicant to the boundaries of the development at locations
designated by the City Engineer.
3.19 The Property is located within both the Eagle Fire District and the Star Joint Fire
Protection District and therefore the Applicant shall contract with both the Eagle Fire District and the Star
Joint Fire Protection District for all fire service /protection issues as it applies to the respective Fire
Districts.
3.20 The applicant shall meet with Joint School District No. 2 regarding the possible
requirement of locating a school site on the property prior to submitting a preliminary plat application.
3.21 The applicant shall provide a revised Concept Plan showing higher density adjacent to the
mixed use area and transitioning to the north with lots adjacent to the northern boundary to be a minimum
of 37,000 square feet in size The revised Concert Plan shall be submitted prior to submittal of a
preliminary plat application.
3.22 The applicant shall provide a revised Concept Plan showing more detailing regarding the
mixed use area adjacent to Beacon Light Road prior to submittal of a preliminary plat application.
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3.23 The applicant shall comply with all requirements of the Ada County Highway District
and /or the Idaho Transportation Department, including but not limited to location and design of an
interchange at W. Beacon Light and State Highway 16, proposed internal road locations, and road design.
3.24 The applicant shall work with the property owners to the north to protect their existing
access easement adjacent to the western property boundary of the subject property or ensure ingress/egress
is maintained to their property in proximity to the existing access easement.
CONCLUSIONS OF LAW:
1. Neighborhood Meetings were held from 6:00 to 7:00 PM, April 23, 2007, and June 13, 2007, at
the City of Eagle Library in compliance with the application submittal requirement of Eagle City
Code. The application for this item was received by the City of Eagle on October 24, 2007.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on October 29, 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 October 26, 2007. Requests for
agencies' reviews were transmitted on October 25, 2007, in accordance with the requirements of
the Eagle City Code. The site was posted in accordance with the Eagle City Code on November 2,
2007.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ -23-
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 of MU -DA (Mixed Use with development agreement) is
consistent with the Village Center and Transitional Residential 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) is compatible with the
RUT (Rural -Urban Transition -Ada County designation) zone and land uses to the south
since this area could be developed in a similar manner;
d. The proposed MU -DA (Mixed Use with development agreement) with the RUT (Rural -
Urban Transition -Ada County designation) zone and land uses to the east since this area
has 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) with the RUT (Rural -
Urban Transition -Ada County designation) zone and land uses to the west since a winery,
golf course, and State Highway 16 provide a buffer to the proposed land uses within this
development;
£ The proposed MU -DA (Mixed Use with development agreement) is compatible with the
RR (Rural Residential -Ada County designation) zone to the north since this development
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will be required to provide lots which transition to the adjacent properties to the north;
g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan. Portions of the site lie within a floodplain area.
The development of the site will be required to meet the requirements of Eagle City Code,
Title 10, Flood Control or will be required to submit a LOMR (Letter of Map Revision)
removing the site from the floodplain through FEMA (Federal Emergency Management
Administration) and Ada County; and
h. No non - conforming uses are expected to be created with this rezone if the conditions to be
placed within the development agreement are achieved.
DATED this 3rd day of December 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Jaso Pierce, Chairman
ATTEST: �•••' F EAG ''••,.
��'� Q OR A TF �:
�:
Sharon K. Bergmann, Eagle City erk 0 v �*
n •
S� P o- O
40 0 "Z'
T EF
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