Findings - PZ - 2007 - CPA-01-07/RZ-07-07/PP-09-07 - Mill Park Village Subd/5-Lot(17 Residential/12-Commercial/Mu)11.25 Acre/3950 W StateORIGIIVAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A COMPREHENSIVE PLAN TEXT )
AMENDMENT, REZONE WITH DEVELOPMENT)
AGREEMENT AND PRELIMINARY PLAT FOR )
MILLPARK VILLAGE SUBDIVISION FOR )
STATE PARK, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA- 01- 07/RZ-07 -07 & PP -09 -07
The above - entitled Comprehensive Plan Text Amendment, Rezone with development agreement, and
Preliminary Plat applications came before the Eagle Planning and Zoning Commission for their
recommendation on December 3, 2007, at which time public testimony was taken and the public hearing
was closed. The Eagle Planning and Zoning 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:
State Park, LLC, represented by Paul MacDonald, AIA, of DFD Cornoyer Hedrick, is
requesting a Comprehensive Plan text amendment and a rezone with development
agreement from A -R (Agricultural- Residential) to MU -DA (Mixed Use with a
development agreement), and preliminary plat approval for Mill Park Village Subdivision,
a five (5) lot (17- residential units and 12- commercial buildings contained on 5 -lots) mixed
use subdivision. The 11.25 -acre site is located on the northeast corner of Park Lane and
State Highway 44, on Lots 1, 4, and 9, Block 2, of the Amended Plat of Flint Estates, at
3950 W. State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, March 9, 2007, at the Eagle Christian
Church, 100 Short Street, Eagle, in compliance with the application submittal requirement
of Eagle City Code. The application for this item was received by the City of Eagle on
March 15, 2007.The applicant provided a revised plat to the City of Eagle on November
29, 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 29, 2007. Requests for agencies' reviews were transmitted on August
14, 2007, in accordance with the requirements of the Eagle City Code. The site was posted
in accordance with Eagle City Code on November 23, 2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: All applications are inclusive herein.
Page 1 of 35
KAPlanning DepfEagle Applications\SUBS\2007Mllpark pzfdoc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
ADDITIONAL SITE DATA
COMP PLAN
ZONING
LAND USE
1.51 -units per acre
DESIGNATION
DESIGNATION
20,454- square feet
Existing
Mixed Use and Scenic
A -R (Agricultural Residential)
Single family dwelling
Minimum Street Frontage
Corridor
0 -feet
located with Flint Estates
.66 -acres (28,750 square feet)
10% minimum
Percent of Site as Landscaped Area
Subdivision
Proposed
No Change
MU -DA (Mixed Use with
Residential /Commercial
development agreement)
development
North of site
Mixed Use
MU -DA (Mixed Use with
Proposed Bellemeade
development agreement)
Planned Unit
Development
South of site
Mixed Use, Public /Semi -
MU -DA (Mixed Use with
Camille Beckman and
Public, and Scenic
development agreement) and PS
proposed Eagle Island
Corridor
(Public /Semi - Public)
State Park addition
East of site
Mixed Use and Scenic
MU -DA (Mixed Use with
Proposed Symphony
Corridor
development agreement)
Subdivision
West of site
Mixed Use and Scenic
RUT (Residential Urban
Single - family dwelling
Corridor
Transition -Ada County
and pasture
designation)
ADDITIONAL SITE DATA
PROPOSED
REQUIRED
Dwelling Units Per Gross Acre
1.51 -units per acre
Up to ten (10) units per acre (maximum)
Minimum Lot Size
20,454- square feet
7,000- square feet (minimum)
Minimum Lot Width
150 -feet
50 -feet
Minimum Street Frontage
41 -feet
0 -feet
Total Acreage of Landscaped Area
.66 -acres (28,750 square feet)
10% minimum
Percent of Site as Landscaped Area
10% (excludes planter strips)
10% minimum
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: 11.25 -acres
APPLICANT'S REQUEST FOR COMPREHENSIVE PLAN TEXT AMENDMENT:
See the attached letter date stamped by the City on October 29, 2007, submitted by the
applicant's representative.
J. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See the attached letter date stamped by the City on October 29, 2007, submitted by the
applicant's representative.
K. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant is requesting a development agreement to ensure that the property is
developed in a manner that protects adjacent property owners and assures that the project
will be developed as proposed. The applicant has also provided a draft copy of a
Page 2 of 35
KAPlanning DeptTagle Applications\SUBS120071Millpark pzfdoc
development agreement with details regarding the use of the property (see development
agreement date stamped by the city on March 15, 2007. Staff has recommended additional
conditions to be placed within a development agreement, as provided below under Staff
Analysis Section "D ".
L. GENERAL SITE DESIGN FEATURES:
Open Space:
There are no common lots dedicated to open space. The Concept Plan date stamped by the
City on November 29, 2007, shows the proposed building footprints with plaza areas and
landscaping adjacent to them, which will serve as open space.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC &R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9 -3 -6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On -site Septic System (yes or no) - No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
M. STREET DESIGN:
The proposed development is adjacent to N. Park Lane to the west and State Highway 44
adjacent to the south. The interior of the site will be served by two drive aisles with
adjacent parking.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': none
Cul -de -sac Design: None proposed
Sidewalks:
A six foot (6`) wide detached concrete sidewalk adjacent to State Highway 44 is shown
providing connection from the proposed Eagle Island Crossing Subdivision to the east. A
five foot (5') wide detached sidewalk is shown adjacent to N. Park Lane.
Page 3 of 35
K: \Planning DeptTagle App1ications \SUBS\2007\Mi11park pAdoc
Curbs and Gutters:
Curbs and gutter adjacent to N. Park Lane will be required to meet Ada County Highway
District standards.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning
Administrator prior to the submittal of the final plat. Any modifications made to the lights
shall be completed before the final plat approval.
Street Names:
The preliminary plat date stamped by the City on November 29, 2007, does not show
internal public streets within the development. Street name approval by the Ada County
Street Names Committee will be required during the platting process to ensure the existing
streets adjacent to the development are labeled on the plat properly. Approval from that
committee is required prior to final plat approval.
N. ON AND OFF -SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian circulation will utilize the proposed plaza areas located adjacent to the
buildings on site. The concept plan date stamped by the City on November 29, 2007,
shows a pathway adjacent to State Highway 44, which will provide connectivity from the
adjacent development to the east. The concept plan also show four (4) pedestrian access
points located on the northern boundary of the property.
Bike Paths:
The preliminary plat date stamped by the City on November 29, 2007, shows a street
section containing a bike lane for North Park Lane. Bikes will also have access to the
proposed pathway system adjacent to State Highway 44.
O. PUBLIC USES PROPOSED: None
P. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees — yes- adjacent to existing house located at the southwest corner of the property
Riparian Vegetation - no
Steep Slopes - no
Stream /Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
R. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Potable Water:
The site is located within United Water Company of Idaho certificated service area.
Page 4 of 35
KAPlanning DeptTagle Applications \SUBS\2007Mllpark pzf.doc
Sewer:
Lynn Moser with Eagle Sewer District provided correspondence dated May 29, 2007, that
the property is located within the boundaries of the Eagle Sewer District and can be served
by an existing trunk line located south of the property on State Highway 44.
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
T. NON - CONFORMING USES:
The subject parcels currently has a residence located at the southwest corner of the
proposed development within eighteen feet (18') of the southern property line adjacent to
State Highway 44. The required street side setback in a MU (Mixed Use) zone is twenty
foot (20') in width. The preliminary plat date stamped by the City on March 15, 2007,
indicates the existing house is to be removed, which would eliminate the non - conforming
use.
U. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear to be of special concern are noted below:
City Engineer: All comments within the Engineer's letter dated May 8, 2007, are of special
concern (attached within the staff report).
Ada County Highway District
Ballantyne Ditch Company
Central District Health Department
Chevron Pipeline
Community Planning Association (Compass)
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department (ITD)
V. COMMENTS FROM THE CITY FORESTER:
Tree valuations and map from Julie Lafferty, City Forester, dated March 23, 2007, are
attached within the staff report.
W. LETTERS FROM THE PUBLIC: None received to date.
X. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The developer is proposing to develop the site in a single phase.
Y. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
Page 5 of 35
KAPlanning DeptTagle App1ications\SUBS\20071Mi11park pzfdoc
4. That the development does not involve uses, activities, processes, materials, equipment, and /or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and /or other special features which would not typically be provided in
a non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
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 (adopted 02- 13 -07) designates this site as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within the Central Business District
(CBD). Development within this land use designation should be required to proceed through
the PUD and /or Development Agreement process, see specific planning area text for a
complete description.
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 5 — Economic Development
5.1 Background
The economic development component of the Comprehensive Plan discusses the
economics and employment in Eagle. The city encourages appropriate economic
Page 6 of 35
KAPlanning DeptTagle Applications\SUBS120071Millpark pzfdoc
development while retaining those attributes that give Eagle its special living and
working environment.
5.5 Implementation Strategies
g. Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
k. Enforce the sizing and scaling of commercial and mixed use areas as specified
in the land use chapter.
q. Encourage context sensitive design of business and employment centers to
complement Eagle's rural identity.
Chapter 6 — Land Use
6.1 Background and Existing Conditions
Managing growth and channeling it into orderly community development is the
key element of land use planning. Unplanned growth results in undesirable land
use patterns. Areas within the City and within the Impact Area are given land use
designations which are depicted on the Comprehensive Plan Land Use Map,
hereinafter referred to as the "Land Use Map ".
The Land Use Map is an integral part of the Comprehensive Plan. It serves as a
planning policy document and planning tool that will assist the City in sustaining
responsible growth and development to ensure that evolving land use patterns
remain consistent with goals, objectives and strategies of the Plan.
6.6 Land Use Implementation Strategies
k. Protect gravity flow irrigation systems including canals, laterals and ditches to
assure continued delivery of irrigation water to all land serviced by such
systems, to protect irrigation systems as a long range economical method for
water delivery and to coordinate surface water drainage to be compatible with
irrigation systems.
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 Land Use Sub Areas
6.8.2 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community
commercial, professional office, and a variety of residential densities. The vision
for the area is to recognize the activity center created by Eagle High School and
existing development approved by Ada County and to provide compatible land
uses at densities that accommodate pedestrian scale design and future mass transit.
Page 7 of 35
KAPlanning Depffagle App1ications\SUBS12007\Mi11park pzf.doc
a. Use
The land use and development policies specific to the Park Lane Planning
Area include the following:
3. Flint Drive shall be preserved primarily as a residential street while
properties abutting State Street should include a mix of residential uses,
limited retail and office uses that promote trip capturing.
4. The roadway network along State Street east of Park Lane should be
designed to provide internal circulation with no individual lot access to
State Street. A cross access agreement with limited access points at Park
Lane and at State Street, in alignment with the future Eagle Island State
Park entrance, is necessary to provide access to the retail uses.
b. Design
2. Flint Estates Area:
The Flint Estates area adjacent to State Highway 44 should be designed
to provide limited retail uses that encourage pedestrian circulation from
the residential and high school areas, and to compliment the existing
mixed use areas at State Street and Park Lane (Camille Beckman).
Street trees, benches and sidewalks are encouraged within the Park Lane
Planning Area.
Common parking areas at the sides of buildings and joint parking
agreements should be encouraged so walking distances between
buildings are minimized and provide a pedestrian scale to the area.
Activity and building orientation should focus on internal circulation
roads rather than the regional transportation network. Flint Drive is to
remain primarily a residential roadway.
On- street parking should be encouraged where sufficient right of way is
available.
Signage should be done as a master sign plan rather than individual signs
located along State Highway 44 /State Street.
Transitional residential densities and design elements (berms, fences,
etc.) should be used to provide buffering to residential areas to the east
and north of the mixed use area.
c. Access
Access to and through should be limited to existing roads (Old Valley
Road, Park Lane and Linder Road); no direct access from State Street/
Highway 44 shall be permitted unless a new access point is designated by
the State of Idaho for Eagle Island State Park.
Cross - access agreements and shared service roads should be encouraged
throughout the area.
Page 8 of 35
KAPlanning DeptTagle Applications\SUBM20071Millpark pzf.doc
Chapter 12 — Community Design
12.1 Background and Vision
Entryway corridors are arterial roadways that introduce both visitors and residents
to Eagle. City entryways include State Highways 44 (State Street and Alternate
Route), State Highway 16, and 55 (Eagle Road). The landscaping (or lack
thereof), commercial signage and building character of these entrances provide the
first, and often the most lasting, impressions of the entire community. The City of
Eagle has the opportunity to improve the appearance of the entryways by
establishing guidelines for development and redevelopment that occurs along
these entryway corridors.
Development will occur in the downtown as well as along arterials. City growth
and increased traffic levels on Highway 44 and Highway 55 will stimulate
demand for new development along these entrances. These same corridors have
great potential for more intensive mixed -use development.
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the 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.
12.4 Implementation Strategies
g. Discourage excessively large single entity businesses that would jeopardize
the competitive business environment.
j. Develop buffer and transition zones between conflicting types of land use.
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.
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.
Chapter 13 — Implementation
13.5 Comprehensive Plan Amendments
From time to time, changing conditions will result in a need for comprehensive
plan amendments.
The Land Use Planning Act provides for amendment to the Comprehensive Plan.
The City Council or any group or person may petition the City Planning and
Zoning Commission for a plan amendment at any time. On its own initiative, the
City Planning and Zoning Commission may also originate an amendment to the
Comprehensive Plan. However, the City Planning and Zoning Commission may
recommend amendments to the Comprehensive Plan to the City Council not more
frequently than every six (6) months; however text amendments may be
recommended at any time.
Page 9 of 35
KAPlanning DeptTagle App1ications\SUBS\20071Mi11park pAdoe
13.7 Implementation Strategies
c. Any person applying for a Comprehensive Plan amendment shall submit a
justification letter for the amendment which shall include the following:
1. A specific description of the change being requested.
2. Specific information on any property involved.
3. A description of the condition or situation which warrants a change
being made in the Plan.
4. A description of the public benefit(s) that would occur from such a
change in the Plan and an explanation of why the public would need
any such benefit(s).
5. An explanation of why no other solutions to the condition or situation
which warrants a change in the Plan are possible or reasonable under
the current policies of the Plan.
6. A proposed development plan for any land involved if a specific
development is planned at the time the request for the amendment is
being made.
7. An analysis showing the estimated impact on infrastructure expected
to occur by any proposed change.
8. Any other data and information required by the City for their
evaluation of the request.
APPENDIX 1 - GLOSSARY
Cross Access Agreement
An agreement between adjacent property owners in which internal connections
are provided between parking areas in order to improve traffic flow on the streets
by minimizing the number of access points needed. Cross access agreements are
typically incremental as a condition of approval for new development. The first
one to develop will be required to make an irrevocable offer of cross access and
design their site to accommodate future connections. When adjacent owners
develop, they will be conditioned to reciprocate with similar cross access
agreements.
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.
Internal Circulation
The movement of traffic into and out of properties and local roadway systems
without the need to enter onto arterials and regional roadway networks.
Limited Retail
Establishments providing retail services, occupying facilities of 10,000 square feet
or less. Typical establishments provide for specialty retailing or retailing oriented
to the surrounding vicinity.
Page 10 of 35
KAPlanning Depffagle App1ications\SUBS120071Mi11park pzfdoc
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.
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.
Restaurant:
Any land, building or part thereof, other than a boarding house, where meals are
provided for compensation, including, among others, such uses as cafe, cafeteria,
coffee shop, lunchroom, tearoom, and dining room.
Restaurant with Drive - Through:
A restaurant, typically with indoor seating, which includes drive -up window
service for ordering food to go.
• 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
Page 11 of 35
KAPlanning DeptTagle Applications\SUBS120071Millpark pzfdoc
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 -2 -4 Schedule of Height and Lot Area Regulations:
Zoning
Maximum
Front
Rear
Interior
Street
Maximum
Minimum Lot
Minimum
District
Height
Side
Side
Lot Covered
Area (Acres Or
Lot
Sq. Ft.) G And
Width I*
H*
35'
20'
20'
7.5'
20'
17,000
50'
• Eagle City Code, Section 8 -2A -7 (J) Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and
vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is
to physically separate and visually screen adjacent land uses which are not fully
compatible due to differing facilities, activities, or different intensities of use, such as
townhouses and a convenience store, or a high volume roadway and residential
dwellings.
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use, a ten foot (10')
wide by six foot (6) high landscaped buffer is required.
b. When a parking lot abuts a residential activity, a five foot (5') wide by six foot
(6) high landscaped buffer is required.
• Eagle City Code, Section 8 -2A -7 (K) Parking Lot Landscaping:
1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off
street parking:
Parking should be located to the side and rear of buildings and shall be
screened so that it does not dominate the streetscape. Fences, hedges, berms, and
landscaping may be used to screen parking areas (chainlink fencing shall not be
permitted). In the design of large parking areas, arrange bays of parking spaces to be
separated by landscaping. When parking lots occur on sloping terrain, step the
parking lots to follow the terrain rather than allowing the lot surface to extend above
natural grade.
2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot
is located adjacent to a public right of way. The landscaped strip shall serve to shield
views of parked cars to passing motorists and pedestrians, and to establish coordination
among architecturally diverse buildings, which creates a pleasing, harmonious
appearance along the roadway.
Four (4) options are provided for fulfilling this requirement:
Page 12 of 35
KAPIanning DeptTagle Applications \SUBS\2007\Millpark pAdoc
a. Provide a ten foot (10') wide landscaped strip between the right of way and the
parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per
thirty five (35) linear feet of frontage, excluding driveway openings.
b. Provide an earth berm of thirty inches (30 ") minimum height (do not exceed
3:1 slope) within a ten foot (10') wide landscaped strip between the right of way
and the parking lot, and plant with a minimum of one shade tree and five (5)
shrubs per thirty five (35) linear feet of frontage, excluding driveway openings.
c. Provide a six foot (6) landscaped strip with a minimum thirty inch (30 ") grade
drop from the right of way to the parking lot, and plant with a minimum of one
shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding
driveway openings.
d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or
concrete along with a four foot (4') wide landscaped strip between the right of way
and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per
thirty five (35) linear feet of frontage, excluding driveway openings.
• Eagle City Code, Section 8 -3 -3 Supplemental Yard and Height Regulations:
In addition to all yard regulations specified in section 8 -2 -4 of this title, and in other
sections of this title, the following provisions shall be adhered to:
D. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than
forty feet (40') to any lot line of a residential district; except that the minimum
yard requirements may be reduced to fifty percent (50 %) of the requirement if
acceptable landscaping or screening approved by the council is provided. Such
screening shall be a masonry or solid fence between four (4) and eight feet (8') in
height, maintained in good condition and free of all advertising or other signs.
Landscaping provided in lieu of such wall or fence shall consist of a strip of land
not less than twenty feet (20') in width planted with an evergreen hedge or dense
planting of evergreen shrubs not less than four feet (4') in height at the time of
planting.
• Eagle City Code, Section 8 -4 -6 Additional Loading Space Regulations and Requirements:
A. Use Of Parking Space To Satisfy Requirements Prohibited: In no case shall the
required off street loading berths be part of the area used to satisfy the off street
parking requirements.
B. Location: The off street loading facilities required for the uses mentioned shall not
project into the public right of way or setback area.
C. Size: The size of an off street loading space shall not be less than the following,
exclusive of access platform and loading area:
Width: I 12 feet
Length: 35 feet or 65 feet (see subsection D of this section)
Width: 15 feet
Page 13 of 35
KAPlanning DeptTagle App1ications \SUBS\2007\Mi11park pzfdoc
D. Access:
1. Convenient access to loading spaces from streets or alleys shall be provided.
They shall not be less than twelve feet (12') in width.
2. Design and location of entrances and exits for required off street loading areas
shall be subject to review of the administrator.
E. Loading Space Requirements And Dimensions: Off street loading spaces for
commercial uses shall be provided in accordance with the following table:
Gross Floor Area (Square Feet)
r uantity And Type
14,000
-
36,000
(1)B
36,001
60,000
(2)B
60,001
-
100,00
0
(2)B and (1)A
For each additional 75,000 or fraction thereof, an additional type A space will be
provided.
*1. Type B spaces are 35 feet in length.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 9 -1 -6 Rules and Definitions
Open Space:
A common area platted as a separate lot, or an area dedicated to and accepted by the
city, substantially open to the sky, exclusive of streets, buildings and other covered
structures.
Easement:
A grant by a property owner to specific persons or to the public to use land for specific
purposes. Also, a right acquired by prescription.
• Eagle City Code, Section 9 -3 -1 Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions,
improvements and facilities done, constructed or made in accordance with said provisions
shall comply with the minimum design standards set forth in this chapter; provided,
however, that any higher standards adopted by any highway district, the Idaho
transportation department or health agency shall prevail over those set forth herein.
• Eagle City Code, Section 9 -3 -6 Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines
and side lot lines when deemed necessary. Total easement width shall not be less than
twelve feet (12').
Page 14 of 35
KAPIanning DeptTagle Applications\SUBS\20071Millpark pzfdoc
• Eagle City Code, Section 9 -3 -7 Planting Strips and Reserve Strips:
Planting strips and reserve strips shall conform to the following standards:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be
placed next to incompatible features such as highways, railroads, commercial or
industrial uses to screen the view from residential properties and to provide noise
mitigation for those residents. Such planting strips/buffer areas shall be a
minimum of twenty feet (20') wide unless a greater width is required within
section 8 -2A -7 of this code. The landscape strip/buffer area shall not be a part of
the normal street right of way and shall comply with all landscape/buffer area
requirements within section 8 -2A -7 of this code.
• Eagle City Code, Section 9 -4 -1 Improvements Required:
Every subdivider shall be required to install the following public and other improvements
in accordance with the following conditions and specifications.
• Eagle City Code, Section 9 -4 -1 -3 Curbs and Gutters:
A.Generally:
1. Vertical curbs and gutters shall be constructed on collector and arterial streets.
3. All construction shall be in accordance with the standards and specifications
adopted by the Ada County highway district.
B.Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by the
Ada County highway district or the Idaho transportation department.
• Eagle City Code, Section 9 -4 -1 -6 Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining
the design of pathways, the following minimum standards shall be followed:
The paved portion of the pathway may range from six feet (6) to ten feet (10') in
width. Micropathways within subdivisions which are designed for primary use by
the residences of the subdivision shall be a minimum eight feet (8') wide and shall
be located within a sixteen foot (16') wide pedestrian access easement, however,
in an area where low volume pedestrian traffic is anticipated, the council may
consider a reduction in pathway width to six feet (6'). Regional pathways such as
the Boise River greenbelt and pathways located adjacent to major roadways
shall be a minimum ten feet (10') wide and shall be located within a twenty
foot (20') wide pedestrian access easement.
• Eagle City Code, Section 9 -6 -2 Vacations and Dedications:
A. Application For Vacation Or Dedication: Any property owner desiring to vacate an
existing subdivision, public right of way or easement shall complete and file an
application with the administrator. These provisions shall not apply to the widening of
any street which is shown in the comprehensive plan, or the dedication of streets,
rights of way or easements to be shown on a recorded subdivision.
Page 15 of 35
KAPlanning DeptTagle App1ications\SU13S12007\Mi11park pzfdoc
D. DISCUSSION:
The Comprehensive Plan Land Use Map designates this site as Mixed Use and Scenic
Corridor. The applicant is requesting a Comprehensive Plan text amendment to language
within the Land Use chapter for the Park Lane Planning Sub -Area, Flint Estates Area.
The applicant is requesting the following changes be made to the 2007 Comprehensive Plan
text within Chapter 6 - Land Use, Park Lane Planning Area, 6.8.2(a)(3) and Land Use, 6.8.2
(b)(2), Flint Estates Area with the following text to be removed shown with strike- through and
text to be added shown with underline:
Eagle City Comprehensive Plan Section 6.8.2, "Park Lane Planning Area ", (a) Uses, (3) is
hereby amended to delete the strike -thru text and add the underlined text as follows:
Flint Drive shall be preserved primarily as a residential street while properties abutting State
Street should include a mix of residential uses, limited retail commercial uses limited to lease
spaces no larger than 30,000 square feet and office uses that promote trip capturing. The
properties abutting State Street shall be reviewed and conditioned by the City through the use
of a development agreement at the time of rezone.
Eagle City Comprehensive Plan Section 6.8.2, "Park Lane Planning Area ", (b) Design, (2)
"Flint Estates Area ":
The Flint Estates area adjacent to State Highway 44 should be designed to provide
lamed -retail commercial uses that encourage pedestrian circulation from the residential and
high school areas, and to compliment the existing mixed use areas at State Street and Park
Lane (Camille Beckman) and planned new residential uses adjacent to the north.
• Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (3))
within the 2000 Comprehensive Plan the applicant must show, "the condition or situation
which warrants a change being made in the plan." The applicant's justification letter contends
that the limited retail facility 10,000 square foot limitation appears to be an unnecessary
limiting factor based upon the consideration that the benefits to the City of allowing a 30,000
square foot building far outweigh any potential negative impacts intended to be eliminated or
reduced by the 10,000 square foot limitation. The applicant also contends that the changes will
allow for a more flexible and stable commercial environment as long as a development
agreement is required so the City can ensure a quality compatible site layout and design.
• The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4)) seeks to
identify "the public benefit that would occur from such a change in the plan." The
justification letter provided by the applicant states the change will allow for a more flexible
and stable commercial environment provided that the text amendment includes language
requiring a development agreement allowing the City to assure quality compatible site layout
and design. The applicant submitted a proposed development agreement and staff has
reviewed the applicant's version and is recommending additional conditions to be placed in
the development agreement (noted below under Staff Recommendation for the Comprehensive
Plan Text Amendment and Rezone below).
• The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (5)) asks for
"An explanation of why no other solutions to the condition or situation which warrants a
change in the Plan are possible or reasonable under the current policies of the Plan ". The
justification letter provided by the applicant states there are no other solutions to allow
Page 16 of 35
KAPlanning DeptTagle Applications\SUBS\20071Millpark pzfdoc
additional square footage other than to allow the larger sizes of buildings with a Development
Agreement on a case by case basis and use the current Comprehensive Plan language on this
item as a guide versus a law set in stone. The letter goes on to state that the utilization of a
development agreement is more reasonable in cases such as this one rather than making
changes to the Comprehensive Plan as the need arises.
The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (7)) asks for
"An analysis showing the estimated impact on infrastructure expected to occur by any
proposed change". The applicant indicated within the justification letter that, in there opinion
there is no infrastructure impacts. The same total of square footage of "Limited Retail
Establishments" could occupy this land if it remains limited retail with a 10,000 square foot
maximum lease spaces or if it is changed as proposed to allow commercial uses limited to
lease spaces no larger than 30,000 square feet. With that being said the City should be
cognizant of the fact that this area was planned to contain a neighborhood center for trip
capturing and serving residents within the immediate area and there is residential development
adjacent to the north. Smaller buildings may be perceived that they have less of an impact on
the residential development to the north and will not encourage larger retail space that might
possibly generate additional trips to the area. It is staffs recommendation that a Conditional
Use Permit for buildings larger than 15,000 square feet in size be required so that impacts to
the surrounding area can be evaluated and mitigated.
The justification letter goes on to state that the traffic will likely lessen because if a larger lease
area is permitted as proposed more neighborhood services will be available thereby decreasing
trip lengths for those patrons wanting to shop and/or work and do business at such larger lease
businesses. The 30,000 square foot allowance is about one half the size of the Albertson's
store which is located in an area which allows for trip generation due to the use serving more
of a region, since this development requires smaller buildings it will provide for trip capturing
therefore encouraging pedestrian circulation from the residential and high school areas.
The applicant is requesting that restaurants with a drive thru be permitted within in this
development. Restaurants with a drive thru are a prohibited use within a MU (Mixed Use)
zone. The development agreement provided by the applicant indicates the development
agreement is being used in lieu of a PUD which is permitted by Eagle City Code. The
development agreement also indicates per Eagle City Code that up to up to ten percent (10 %)
of the gross land area within a planned unit development (PUD) may be directed to other
commercial, office, public and quasi - public uses that are not allowed within the land use
district; provided, that there is a favorable finding by the council. Since the applicant is
requesting a development agreement in lieu of PUD and proposed a Condition of
Development to be placed in the development agreement to address the design standards for a
restaurant with a drive thru staff recommends that Condition of Development #2.6 within the
applicant's version of the development agreement be incorporated into the final version of the
development agreement. To ensure compliance with the Conditions of Development in
relation to building design the applicant should establish an architectural control committee
(ACC) as a component of the development's CC &R's.
During the visioning process for the Soaring 2025 comprehensive planning process it was
determined that the area adjacent to State Street should be designed with uses which support
trip capturing. The Comprehensive Plan Appendix defines limited retail as establishments
providing retail services which, occupy facilities of 10,000 square feet or less. Typical
establishments of this size provide for specialty retailing or retailing oriented to the
surrounding vicinity.
Staff has worked closely with the applicant in regard to the design of Millpark Village to
ensure that the design of the development works to achieve the objectives of the Scenic
Page 17 of 35
K:\Planning DeptTagle Applications \SUBS\2007\Millpark pzf.doc
Corridor area as defined in the Comprehensive Plan through the utilization of building
orientation, plaza areas, and landscaping versus a simple design showing lots on each side of
an internal roadway (the previous withdrawn applications for Resler Subdivision on the same
site) with no consideration given to the Scenic Corridor area. In order to achieve the
aforementioned design elements and giving considerations regarding no access to State
Highway 44, staff recognized that an increase in building size may be warranted to create a
pedestrian friendly development that encourages trip capturing. The preliminary plat date
stamped by the City on November 29, 2007, shows a parking area south of Buildings H -K and
adjacent to State Street (SH -44). Per Eagle City Code parking should be located to the side
and rear of buildings and should be screened so that the parking area does not dominate the
streetscape. The applicant should provide a revised concept plan /preliminary plat showing
Buildings H -K rotated ninety degrees (90 °) to allow for the parking areas to be placed between
the buildings prior to submitting a design review application.
Bellemeade Planned Unit Development, which is proposed on the adjacent property to the
north, has received final development/final plat approval. The adjacent proposed lots within
Bellemeade Planned Unit Development are approximately 6,300 square feet in size. Per Eagle
City Code commercial uses abutting a residential use are required to have a ten foot (10') wide
by six foot (6') high landscaped buffer area. The preliminary plat date stamped by the City on
November 29, 2007, shows a five foot (5') wide landscape area adjacent to the northern
boundary of the development. The applicant should provide a revised preliminary plat
showing a minimum ten foot (10') wide landscape area adjacent to the northern boundary
prior to submitting a design review application. The applicant should construct a minimum six
foot (6') high solid fence within the ten foot (10') wide landscape area adjacent to the northern
boundary of the development prior to the issuance of any building permits within Millpark
Village Subdivision.
The 2007 Comprehensive Plan, Land Use chapter, Park Lane Planning Area, Flint Estates
Area section, states that a roadway network should be provided for internal circulation and no
individual lot access to State Street should be allowed for lots adjacent to State Street. A cross
access agreement with the adjacent development to the east is necessary to provide limited
access points at Park Lane and at State Street in alignment with the Eagle Island State Park
entrance for access to the retail uses on both sites within these developments. The Concept
Plan date stamped by the City on November 29, 2007, and Preliminary Plat date stamped by
the City on November 29, 2007, shows a drive aisle providing cross access through the
commercial area to the adjacent parcel to the east. Note #12 on Sheet 2 of 2 of the preliminary
plat indicates that cross - access agreements will be provided as necessary. Since no additional
accesses were approved to State Highway 44 between Fisher Park Way and Park Lane the
applicant should be required to provide a cross access agreement to the adjacent parcel to the
east. The applicant should also provide a cross access agreement for all lots located within this
development. The cross access agreements should be executed, recorded and the instrument
numbers referenced as a plat note on the final plat prior to the City Clerk signing the final plat.
Plat Note #13 of the Millpark Village Subdivision date stamped by the City on November 29,
2007, states that if access to State Highway 44 is granted it shall be located as determined by
the State of Idaho (ITD). The applicant should provide a revised preliminary plat with Plat
Note #13 removed regarding access to State Highway 44 prior to submitting for final plat
application.
• The applicant is proposing a re- subdivision Lots 1, 4, and 9, Block 2, of the Amended Plat of
Flint Estates. A single - family dwelling is currently located on Lot 9, Block 2, of the Amended
Plat of Flint Estates at the northeast corner of State Highway 44 and N. Park Lane. The
preliminary plat date stamped by the City on November 29, 2007, shows the existing dwelling
is located within the required setback for a MU (Mixed Use) zone. The existing dwelling
Page 18 of 35
KAPlanning Dept\Eagle Applications \SUBS\2007Mllpark pzf.doe
located on the site should be removed prior to the City Clerk signing the final plat. Demolition
permits should be obtained from the City of Eagle Building Department prior to the removal
of the dwelling.
The plat notes on the preliminary plat date stamped by the City on November 29, 2007,
indicate that easements will be provided for water and sewer main lines. Plat note #6 indicates
that all lots will have blanket storm drainage easements to allow surface flow to the retention
swales. Sheet 2 of 2 of the preliminary plat shows proposed locations of the water and sewer
lines however, no easements are shown either adjacent to the water or sewer lines or adjacent
to the lot lines. Per Eagle City Code, unobstructed utility easements shall be provided along
front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than
twelve feet (12'). The applicant should provide a revised preliminary plat showing easements
totaling twelve feet (12') in width adjacent to all lot lines and utility easements for sewer,
water, and other utilities prior to submitting a final plat application.
• Lots 1 and 4, Block 2, of The Amended Plat of Flint Estates contains public utilities, irrigation
and drainage easements adjacent to the lot lines. The applicant will be required to vacate the
existing public utility, irrigation, and drainage easements located within Lots 1 and 4, Block 2,
of The Amended Plat of Flint Estates prior to submitting an application for final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
STAFF RECOMMENDATION FOR THE COMPREHENSIVE PLAN TEXT AMENDMENT:
Based upon the information provided to staff to date, staff recommends approval of the requested
comprehensive plan text amendment as follows:
Eagle City Comprehensive Plan Section 6.8.2, "Park Lane Planning Area ", (a) Uses, (3):
Flint Drive shall be preserved primarily as a residential street while properties abutting State
Street should include a mix of residential uses, commercial uses limited to lease spaces no
larger than 30,000 square feet and office uses that promote trip capturing. The properties
abutting State Street shall be reviewed and conditioned by the City through the use of a
development agreement at the time of rezone.
Eagle City Comprehensive Plan Section 6.8.2, "Park Lane Planning Area ", (b) Design, (2)
"Flint Estates Area ":
The Flint Estates area adjacent to State Highway 44 should be designed to provide
commercial uses that encourage pedestrian circulation from the residential and high school
areas, and to compliment the existing mixed use areas at State Street and Park Lane (Camille
Beckman) and planned new residential uses adjacent to the north.
STAFF RECOMMENDATION FOR THE REZONE:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone with the following conditions to be placed within a development agreement:
3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding
floodplain development permit review, 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, which shall comply with the Eagle City Code, as it
exists at the time such applications are made except as otherwise provided within this
Agreement.
Page 19 of 35
K:\Planning DeptTagle Applications \SUBS12007Mllpark pAdoc
3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes
in that concept may occur. If the City determines that any such changes require additional
public comment due to potential impacts on surrounding property or the community, a
public hearing shall be held on any proposed changes in the Concept Plan, notice shall be
provided as may be required by the City.
However, the residential portion of this development proposal is recognized by Eagle and
Applicant as a desired component to a mixed use development. A residential component of
similar size and area to that depicted in the Concept Plan with the provisions and allowances
contained herein, shall be maintained.
3.3 The total number of residential units on the Property shall not exceed 17 -units in the
aggregate. Development of the residential portion of the Property will be permitted through
the Design Review process and future conditional use permits for the residential
development will not be required. A separate application shall be submitted for a conditional
use permit for any proposed height exception.
3.4 The Mixed Use area of the Property as depicted on the Concept Plan is to be developed with
a combination of any office and commercial uses allowed within Eagle City Code Section 8-
2-3 "Official Schedule of District Regulations" under the MU zoning designation (except as
permitted in Section 3.5, below). Buildings up to a maximum of 15,000 square feet are
permitted for this area. A conditional use permit shall be required for all buildings between
15,000 and 30,000 square feet in size. Buildings in excess of 30,000 square feet in size are
prohibited.
3.5 Except for the limitations and allowances expressly set forth above and the other terms of
this Agreement, the Property can be developed and used consistent with the Mixed Use
District land uses allowed by the Eagle City Code Section 8 -2 -3 "Official Schedule of
District Regulations ", existing at the time a design review application or conditional use
permit application (whichever the case may be) is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code
Section 8 -2 -3 "Official Schedule of District Regulations," shall be considered permitted uses
and all uses shown as "C" conditional uses under the MU zoning designation shall require a
conditional use permit, except that the residential portions of the Property described in
Section 3.3 shall not require a conditional use permit.
The following uses which are shown as "C" conditional uses under the MU zoning
designation within Eagle City Code Section 8 -2 -3 "Official Schedule of District
Regulations," shall be permitted uses on the Property:
■ Arts and Crafts Show (outdoor);
■ Bar;
■ Bed and Breakfast Facility;
■ Childcare (Daycare Center or Group);
■ Commercial Entertainment Facilities (indoor);
■ Government Building, Office;
■ Laundromat;
■ Laundry (with drive up service);
■ Library;
■ Museum;
■ Residential Condominiums (as shown on Exhibit "B ");
Page 20 of 35
KAPlanning DeptTagle Applications\SUBS120071Millpark pzfdoc
■ Retail /office buildings (up to 15,000 square feet);
■ Commercial Entertainment Facility (Theater)
In addition to all other uses prohibited within said section of Eagle City Code and on the
entire Property as noted above, the following uses shall also be prohibited on the Property:
■ Adult Business;
■ Ambulance Services;
■ Automotive washing facility;
■ Boarding or Lodging House or Dormitory;
■ Cabinet Service;
■ Cemetery;
■ Circuses and Carnivals;
■ Drive -In Theatre;
■ Equipment Rental and Sales Yard;
■ Flex Space;
■ Golf Course and related services;
■ Hospital;
■ Horticulture (general);
■ Horticulture (limited);
■ Kennel;
■ Park and Recreation Facilities;
■ Public Service Facilities;
■ Residential, Mobile Home (Single Unit);
■ Residential, Mobile Home (Single Unit Temporary Living Quarters);
■ Residential, Mobile Home Park;
■ Riding Academies /Stables;
■ School, Public or Private;
■ Small Engine Repair;
■ Storage (fenced area);
■ Woodworking shop
In addition Restaurant (with drive thru) use which is prohibited within said section of Eagle
City Code and on the entire Property as noted above shall be permitted with an approval of a
Conditional Use Permit.
3.6 Any building with a proposed drive -thru shall be designed in such a way as to compliment
the entirety of the development and shall provide mitigation measures (i.e. landscape rocks
and landscape berms) to reduce the impact of the drive -thru lanes (i.e. vehicle headlights
and vehicle cueing).
3.7 The conditions, covenants and restrictions for the Property shall contain at least the
following:
(a) An allocation of responsibility for maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, parking lots, and amenities.
(b) A requirement insuring compliance with the Design Guidelines approved with this
Agreement.
3.7.1 The applicant shall place a note on the final plat that all common areas are to be
owned and maintained by the Owners Association(s) for the development. The applicant
shall provide a copy of the CC &Rs (which include a similar statement regarding the
common areas) for review and approval by the City attorney prior to the approval of the
Page 21 of 35
KAPlanning DeptTagle Applications \SUBS\2007 Millpark pzf.doc
first final plat. The CC &Rs shall provide that the association(s) shall have the duty to
maintain and operate all of the common landscape areas in the subdivision in a competent
and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees, in accordance with Eagle City Code, in perpetuity.
3.8 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains,
benches, tables, etc.).
3.9 The applicant shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed landscape islands and all
common areas throughout the development, 3) footprints of proposed buildings to make a
determination regarding, 4) landscape screening details and cut sheet showing the proposed
six foot (6') high solid fencing within the ten foot (10') wide buffer area adjacent to the
northern boundary line. The design review application shall be reviewed and approved by
the Eagle Design Review Board and Eagle City Council prior to the submittal of the final
plat.
3.10 Applicant shall provide pedestrian and bicycle public access to State Highway 44 and the
proposed subdivision to the north as shown on the Concept Plan date stamped by the City on
November 29, 2007. The public access to the pathway shall be reviewed and approved by
the Eagle Parks and Pathway Development Committee and the Design Review Board prior
to submitting final plat application.
3.11 Provide a revised concept plan /preliminary plat showing Buildings H -K rotated ninety
degrees (90 °) to allow for the parking areas to be located between the buildings prior to
submitting a design review application.
3.12 Provide a license agreement from ACHD approving the landscaping located within the
public right -of -way abutting the western boundary of the Property (N. Park Lane) prior to
the City Clerk signing the final plat.
3.13 Provide a cross access agreement between all lots included within this development and a
cross access agreement with the adjacent property owner to the east. The cross access
agreements shall be executed, recorded, and referenced as a plat note on the final plat prior
to the City Clerk signing the final plat.
3.14 The development shall include a ten foot (10') wide buffer area adjacent to the northern
boundary of the subdivision and the required buffer area adjacent to N. Park Lane and State
Highway 44 based upon the location of parking areas and buildings per Eagle City Code.
3.15 As individual buildings go through the Design Review approval process, they shall be
shown to demonstrate a complimentary relationship, in terms of building height and style, to
adjacent existing or proposed buildings within the development in order to produce a
compatible and desirable development.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC &Rs. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC &Rs, and shall be
reviewed and approved by the City attorney prior to the approval of the final plat.
3.16 The applicant shall comply with the requirements of the Ballantyne Irrigation Ditch
Company prior to the City Clerk signing the final plat.
Page 22 of 35
K:U'lanning DeptTagle Applications\SUBS0007Mllpark pAdoc
STAFF RECOMMENDATION FOR THE PRELIMINARY PLAT:
Based upon the information provided staff recommends approval of the requested Preliminary Plat
with conditions as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 3, 2007. Testimony was taken, the public hearing was closed, and 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 (not including the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in favor nor opposed to the proposal was presented by two (2) individual who
voiced the following concerns:
• Size of the buffer adjacent to the northern property line is not large enough.
• This area is not the proper place to locate a restaurant with drive thru.
• The proposed "Prairie" style of architecture will not be compatible with other development in the
immediate vicinity.
COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN TEXT
AMENDMENT:
The Commission voted 5 to 0 to recommend approval of CPA -01 -07 for the requested
comprehensive plan text amendment for State Park, LLC, with the following staff recommended
text:
Eagle City Comprehensive Plan Section 6.8.2, "Park Lane Planning Area ", (a) Uses, (3):
Flint Drive shall be preserved primarily as a residential street while properties abutting State
Street should include a mix of residential uses, commercial uses limited to lease spaces no
larger than 30,000 square feet and office uses that promote trip capturing. The properties
abutting State Street shall be reviewed and conditioned by the City through the use of a
development agreement at the time of rezone.
Eagle City Comprehensive Plan Section 6.8.2, "Park Lane Planning Area ", (b) Design, (2)
"Flint Estates Area ":
The Flint Estates area adjacent to State Highway 44 should be designed to provide
commercial uses that encourage pedestrian circulation from the residential and high school
areas, and to compliment the existing mixed use areas at State Street and Park Lane (Camille
Beckman) and planned new residential uses adjacent to the north.
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 5 to 0 to recommend approval of RZ -07 -07 for the requested rezone with a
development agreement from A -R (Agricultural- Residential) to MU -DA (Mixed Use with a
development agreement) for State Park, LLC, with the following staff recommended conditions to
be placed within a development agreement with underlined text to be added by the Commission
and text shown with strike through to be deleted by the Commission.
Page 23 of 35
KAPlanning DeptTagle Applications\SUBS12007TMi1lpark pAdoc
3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding
floodplain development permit review, 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, which shall comply with the Eagle City Code, as it
exists at the time such applications are made except as otherwise provided within this
Agreement.
3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes
in that concept may occur. If the City determines that any such changes require additional
public comment due to potential impacts on surrounding property or the community, a
public hearing shall be held on any proposed changes in the Concept Plan, notice shall be
provided as may be required by the City.
However, the residential portion of this development proposal is recognized by Eagle and
Applicant as a desired component to a mixed use development. A residential component of
similar size and area to that depicted in the Concept Plan with the provisions and allowances
contained herein, shall be maintained.
3.3 The total number of residential units on the Property shall not exceed 17 -units in the
aggregate. Development of the residential portion of the Property will be permitted through
the Design Review process and future conditional use permits for the residential
development will not be required. A separate application shall be submitted for a conditional
use permit for a height exception.
3.4 The Mixed Use area of the Property as depicted on the Concept Plan is to be developed with
a combination of any office and commercial uses allowed within Eagle City Code Section 8-
2-3 "Official Schedule of District Regulations" under the MU zoning designation (except as
permitted in Section 3.5, below). Buildings tip to a maximum of 15,000
15,000 feet in size The building footprints shall be as shown on the Concept Plan
date stamped by the City on November 29 2007. Buildings in excess of 30,000 square feet
in size are prohibited.
3.5 Except for the limitations and allowances expressly set forth above and the other terms of
this Agreement, the Property can be developed and used consistent with the Mixed Use
District land uses allowed by the Eagle City Code Section 8 -2 -3 "Official Schedule of
District Regulations ", existing at the time a design review application or conditional use
permit application (whichever the case may be) is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code
Section 8 -2 -3 "Official Schedule of District Regulations," shall be considered permitted uses
and all uses shown as "C" conditional uses under the MU zoning designation shall require a
conditional use permit, except that the residential portions of the Property described in
Section 3.3 shall not require a conditional use permit.
The following uses which are shown as "C" conditional uses under the MU zoning
designation within Eagle City Code Section 8 -2 -3 "Official Schedule of District
Regulations," shall be permitted uses on the Property:
Arts and Crafts Show (outdoor);
Bar;
Bed and Breakfast Facility;
Page 24 of 35
KAPlanning DeptTagle Applications\SUBS120071Millpark pAdoc
■ Childcare (Daycare Center or Group);
■ Commercial Entertainment Facilities (indoor);
■ Government Building, Office;
■ Laundromat;
■ Laundry (with drive up service);
■ Library;
■ Museum;
■ Residential Condominiums (as shown on Exhibit "B ");
■ Retail /office buildings (building footprints as shown on Exhibit "B ");
■ Commercial Entertainment Facility (Theater)
In addition to all other uses prohibited within said section of Eagle City Code and on the
entire Property as noted above, the following uses shall also be prohibited on the Property:
■ Adult Business;
■ Ambulance Services;
• Automotive washing facility;
■ Boarding or Lodging House or Dormitory;
■ Cabinet Service;
■ Cemetery;
■ Circuses and Carnivals;
■ Drive -In Theatre;
■ Equipment Rental and Sales Yard;
■ Flex Space;
■ Golf Course and related services;
■ Hospital;
■ Horticulture (general);
■ Horticulture (limited);
■ Kennel;
■ Park and Recreation Facilities;
■ Public Service Facilities;
■ Residential, Mobile Home (Single Unit);
■ Residential, Mobile Home (Single Unit Temporary Living Quarters);
■ Residential, Mobile Home Park;
■ Riding Academies /Stables;
■ Small Engine Repair;
• Storage (fenced area);
■ Woodworking shop
In addition Restaurant (with drive thru) use which is prohibited within said section of Eagle
City Code and on the entire Property as noted above shall be permitted with an approval of a
Conditional Use Permit except that the drive thru restaurant as shown on the Concept Plan
as Building L shall be permitted with this development agreement.
3.6 Any building with a proposed drive -thru shall be designed in such a way as to compliment
the entirety of the development and shall provide mitigation measures (i.e. landscape rocks
and landscape berms) to reduce the impact of the drive -thru lanes (i.e. vehicle headlights
and vehicle cueing). Design styles exceeding the standard utilitarian look of a building with
a drive -thru shall be required.
Page 25 of 35
KAPlanning Dept Eagle Applications\SUBS12007Mllpark pzf.doc
3.7 The conditions, covenants and restrictions for the Property shall contain at least the
following:
(a) An allocation of responsibility for maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, parking lots, and amenities.
(b) A requirement insuring compliance with the Design Guidelines approved with this
Agreement.
3.7.1 The applicant shall place a note on the final plat that all common areas are to be
owned and maintained by the Owners Association(s) for the development. The applicant
shall provide a copy of the CC &Rs (which include a similar statement regarding the
common areas) for review and approval by the City attorney prior to the approval of the
first final plat. The CC &Rs shall provide that the association(s) shall have the duty to
maintain and operate all of the common landscape areas in the subdivision in a competent
and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees, in accordance with Eagle City Code, in perpetuity.
3.8 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains,
benches, tables, etc.).
3.9 The applicant shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed landscape islands and all
common areas throughout the development, 3) footprints of proposed buildings to make a
determination regarding, 4) landscape screening details and cut sheet showing the proposed
s+x eight foot (6-' 8') high solid decorative_ block wall, cultured stone decorative rock or
similarly designed concrete wall fencing within the ten foot (10') wide buffer area adjacent
to the northern boundary line. The design review application shall be reviewed and approved
by the Eagle Design Review Board and Eagle City Council prior to the submittal of the final
plat.
3.10 All living trees that do not encroach upon the buildable area on any lot shall be preserved,
unless otherwise determined by the City Forester. A detailed landscape plan showing how
the trees will be integrated into the open space areas (unless approved for removal by the
City Forester and the Design Review Board) shall be provided for Design Review Board
approval prior to the submittal of a final plat. The applicant shall have an on -site meeting
with the City Forester to survey all existing trees. Subsequent to the on -site meeting,
construction fencing shall be installed (pursuant to the City Forester's direction) to protect
all trees that are to be preserved, prior to the commencement of any construction on the site.
3.11 Applicant shall provide pedestrian and bicycle public access to State Highway 44 and the
proposed subdivision to the north as shown on the Concept Plan date stamped by the City on
November 29, 2007. The public access to the pathway shall be reviewed and approved by
the Eagle Parks and Pathway Development Committee and the Design Review Board prior
to submitting final plat application.
3.12 Building placement shall be designed such that parking areas are not concentrated between
the buildings and State Highway 44.
3.13 Provide a license agreement from ACHD approving the landscaping located within the
public right -of -way abutting the western boundary of the Property (N. Park Lane) prior to
the City Clerk signing the final plat.
Page 26 of 35
KAPlanning DeptTagle Applications\SUBS12007 Millpark pzf.doc
3.14 Provide a cross access agreement between all lots included within this development and a
cross access agreement with the adjacent property owner to the east. The cross access
agreements shall be executed, recorded, and referenced as a plat note on the final plat prior
to the City Clerk signing the final plat.
3.15 The development shall include a ten foot (10') wide buffer area adjacent to the northern
boundary of the subdivision and the required buffer area adjacent to N. Park Lane and State
Highway 44 based upon the location of parking areas and buildings per Eagle City Code.
3.16 As individual buildings go through the Design Review approval process, they shall
demonstrate the complimentary relationship, in terms of building height and style, to
adjacent existing or proposed buildings within the development in order to produce a
compatible and desirable development.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC &Rs. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC &Rs, and shall be
reviewed and approved by the City attorney prior to the approval of the final plat.
3.17 The applicant shall comply with the requirements of the Ballantyne Irrigation Ditch
Company prior to the City Clerk signing the final plat.
COMMISSIONS DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 recommend approval of PP -09 -07 for a preliminary plat for Millpark
Village Subdivision for State Park, LLC, with the following staff recommended site specific
conditions of approval and standard conditions of approval with underlined text to be added by the
Commission and text shown with strike through to be deleted by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ- 07 -07.
2. Comply with all applicable requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
4. Provide a revised preliminary plat showing easements totaling twelve feet (12') in width adjacent to all
lot lines and utility easements for sewer, water, and other utilities prior to submittal of a final plat
application.
5. Provide a revised preliminary plat showing a minimum ten foot (10') wide landscape strip adjacent to
the northern boundary prior to submittal of a design review application.
6. Provide a revised preliminary plat with Plat Note # 4-3 10 remeved regarding access to State Highway
44 to read "If access to SH -44 is granted, only a right ght out ingress/egress shall be granted and
shall be located as determined by ITD" prior to submittal of a final plat application.
7. Provide a revised concept plan/preliminary plat showing Buildings H -K rotated ninety degrees (90 °) to
allow for the parking area to be placed between the buildings prior to submittal of a design review
application.
8. Vacate the existing public utility, irrigation, and drainage easements located within Lots 1 and 4, Block
2, of The Amended Plat of Flint Estates prior to submittal of a final plat application.
9. The applicant shall submit a design review application and landscape plan showing trees, landscaping,
proposed signage, and planting details for this site for review and approval by the Design Review
Board prior to the submittal of a final plat application.
Page 27 of 35
KAPlanning DeptTagle App1ications \SU13S\2007\Mil1park pAdoc
10. Extend the landscaping within the landscaped area along N. Park Lane to within nine feet (9') from the
edge of pavement. The nine feet (9') between the landscaping and edge of pavement (along the entire
frontage of this site) shall be graveled as approved by ACHD. The gravel shoulder area shall be
maintained and kept free of weeds and debris.
11. Extend the landscaping within the landscaped area along State Highway 44 to within nine feet (9')
from the edge of pavement. The 9 -feet between the landscaping and edge of pavement (along the
entire frontage of this site) adjacent to State Highway 44 shall be graveled as approved by ITD. The
gravel shoulder area shall be maintained and kept free of weeds and debris.
12. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be
integrated into the open space areas or private lots (unless approved for removal by the City Forester
and the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. The applicant shall have an on -site meeting with the City Forester to survey
all existing trees. Subsequent to the on -site meeting, construction fencing shall be installed (pursuant
to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement
of any construction on the site.
13. A letter of approval shall be provided to the City from the Eagle Sewer District approving the final
construction plans at the time of submittal of a final plat application.
14. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
15. Add a note to the final plat which states that, "Minimum building setback lines shall be in accordance
with the applicable zoning and subdivision regulations at the time of issuance of a building permit."
16. Any overhead utilities serving the site shall be located underground.
17. All street names shall comply with the requirements of the Ada County Street Naming Committee.
18. The applicant shall place a note on the final plat that all common areas are to be owned and maintained
by the Millpark Village Owners' Association. The applicant shall provide a copy of the CC &Rs
(which include a similar statement regarding the common areas) for review and approval by the City
Attorney prior to the approval of the final plat. The CC &Rs for the Millpark Village Owners'
Association shall provide that the association shall have the duty to maintain and operate all of the
common landscape areas in the subdivision in a competent and attractive manner, including the
watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in
perpetuity.
19. The existing dwelling located on the site shall be removed prior to the City Clerk signing the final plat.
Demolition permits shall be obtained from the City of Eagle Building Department prior to the removal
of the dwelling.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and /or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
Page 28 of 35
KAPlanning DeptTagle Apphcations\SUBS\2007\Mi11park pAdoc
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39 -118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat.(B.C.C. 9- 20 -8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31 -3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9- 4- 1 -9(C), which provides overr iding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and /or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on -site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC &R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
Page 29 of 35
KA1PIanning DeptTagle Applications \SUBM20071Millpark pAdoc
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right -of -way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
C. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
15. Covenants, homeowner's association by -laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision - making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by -laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway /Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway /Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway /Greenbelt Committee and shall be shown on the final plat prior to approval of the
Page 30 of 35
KA1Planing DeptTagle App1ications\SUBS120071Mi1lpark pzf.doc
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and /or required ".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and /or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and /or Council.
25. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
26. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9 -6 -5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98 -3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
Page 31 of 35
K:Tlanning DeptTagle Applications\SUBS120071Millpark pzfdoc
any and all water rights, claims in any way associated with this application.
32. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
34. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4 "x 4" posts with the bottom of the sign being a minimum of 3 -feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, March 9, 2007, at the Eagle Christian Church, 100
Short Street, Eagle, in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on March 15, 2007.The applicant provided
a revised plat to the City of Eagle on November 29, 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 29, 2007. Requests for agencies' reviews
were transmitted on August 14, 2007 in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with Eagle City Code on November 23, 2007.
3. The Commission reviewed the particular facts and circumstances of this proposed comprehensive plan
text amendment, rezone with development agreement (in lieu of a PUD), and preliminary plat (CPA -
01-07/RZ-07-07/PP-09-07) and based upon the information provided concludes that the proposed
development is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
The development is proposed in an area that is recognized to include a mix of residential
uses, limited retail and office uses that promote trip capturing.
b. That the development be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of the
general vicinity and how such use will not change the essential character of the same area.
Through the use of a development agreement the applicant is required to demonstrate the
complimentary relationship, in terms of building height and style, to adjacent existing or
proposed buildings to produce a compatible and desirable development.
c. That the development will not be hazardous or disturbing to existing or future
neighborhood uses.
The development will take access from Park Lane and an adjacent mixed use
development. The property is bordered on the north by a proposed residential subdivision
Page 32 of 35
KAPlanning DeptTagle Applications\SUBS120071Millpark pzfdoc
and will be required to provide appropriate buffering.
d. That the development does not involve uses, activities, processes, materials, equipment,
and /or conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or
odors.
This area is designated Mixed Use in the Comprehensive Plan therefore, the City
encourages this style of development for the area.
That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water
and sewer, and schools.
All central services are either available to the site or will be as conditioned herein, as noted
within the letters provided by the agencies having jurisdiction over the site. Development
of sewer, water, drainage, streets, and other urban services will be provided at the
developer's expense.
f. That the development will not create excessive additional requirements at public cost for
public facilities and services.
All public facilities and services are supplied by the developer and must be approved at
the time of installation and before acceptance by the sewer, water or highway district.
Because the developer provides the services in the initial stages of development the public
service providers avoid potential liability and expenses.
g. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be
provided in a non -PUD proposal.
The development is designed and conditioned with consideration given to the location
within the Scenic Corridor area and providing for a pedestrian friendly environment.
h. That the vehicular approaches to the property are designed to not create an interference
with traffic on surrounding public thoroughfares.
Access to the development will be from Park Lane and cross access from the adjacent
mixed use development to the east. The design and construction of the entrance to Park
Lane is guided by the Ada County Highway District.
i. That the development will not result in the destruction, loss, or damage of a natural, scenic
or historic feature of major importance.
There are no known natural, scenic, or historic features of major importance located on
site.
That the proposed development will be harmonious with and in accordance with the
general objectives or with any specific objective of the Comprehensive Plan.
The proposed development fits well with the Comprehensive Plan since the plan calls for
Mixed Use and will provide a variety of uses to accommodate residents and the general
public.
k. That the proposed development will be harmonious with and in accordance with the
general objectives or with any specific objective of Eagle City Code Title 8.
This application requests approval for a development agreement in lieu of a PUD as
outlined in Eagle City Code and satisfies those requirements as well as will be required to
Page 33 of 35
KAPlanning DeptTagle Applications\SUBS\200- Millpark pzfdoc
meet the conditions herein. In addition, the development will be required to submit an
application for design review and comply with all Eagle City Codes and conditions of
approval of the design review.
1. That the benefits, combination of various land uses, and interrelationship with the
surrounding area for this proposed development justifies any proposed deviation from any
standard district regulations.
The development provides for a mix of commercial and residential uses in proximity to a
principal arterial and provides pathway connections to adjacent developments and the City
pathway network.
4. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ- 07 -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 with development agreement is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designations MU -DA is equal to or less than the Mixed Use shown
on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided, to serve any and all uses allowed on this property under the proposed zone;
c. The proposed MU -DA (Mixed Use with development agreement) zone is compatible with
the MU -DA (Mixed Use with development agreement) zone land use to the east since this
area will have similar land uses and cross - access will be provided to this development
from this site;
d. The proposed MU -DA (Mixed Use with development agreement) zone is compatible with
the RUT (Rural Urban Transition -Ada County designation) land use to the west since this
area is designated Mixed Use within the Comprehensive Plan and could be developed in a
similar manner in the future;
e. The proposed MU -DA (Mixed Use with development agreement) is compatible with the
MU -DA (Mixed Use with development agreement) land use to the south since there is
currently a commercial development located on that site and State Highway 44 is located
between these two developments;
f. The proposed MU -DA (Mixed Use with development agreement) is compatible with the
MU -DA (Mixed Use with development agreement) land use to the north since the
applicant will be required to demonstrate the complimentary relationship, in terms of
building height and style, to adjacent existing or proposed buildings and provide a buffer
area between this development and the residential area proposed to be constructed at that
location;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. No non - conforming uses are expected to be created with this rezone since the existing
home on the site is conditioned for removal within the development agreement.
4. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ- 09 -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:
Page 34 of 35
K:Tlanning Depffagle Applications \SUBS\2007\Millpark pAdoc
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and /or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential and
commercial uses are in accordance with the mixed use land use designation of this area shown
within the Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police
and fire protection, schools, drainage structures, refuse disposal, and sewer; or that the persons
or agencies responsible for the establishment of the proposed use shall be able to provide
adequately any such services, as noted in the documentation provided from said agencies and
as required as a part of the conditions of approval;
C. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire
District, Eagle Sewer District, and Ada County Highway District an as conditioned herein,
there is adequate public financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission and
Council's attention have been adequately addressed by the applicant or will be conditions of
approval as set forth within the conditions of approval herein.
DATED this 3rd day of December 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Jaso ierce, Chairman
ATTEST:
LA
go 4
A,
--"Sharon 'K. Bergmann, Eagle City C
G4P
rk
�• VOR.1 ;� L
2 : G �' •
SEAL,;-
'• s o 'De
Page 35 of 35
KAPlanning Depffagle App1ications\SUBS120071Mi11park pzf.doc