Findings - CC - 2007 - A-17-07/RZ-24-07 - Village Gateway/ Mu Commercial Development/10.65 Acre BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
AN ANNEXATION AND REZONE FROM RUT )
(RURAL URBAN TRANSITION)TO MU-DA )
(MIXED USE WITH A DEVELOPMENT AGREEMENT), )
FOR CMH DEVELOPMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-17-07&RZ-24-07
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on December 18, 2007. The Council, having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
CMH Development, represented by Walter Lindgren with Johnson Architects, is
requesting an Annexation and Rezone from RUT(Rural Urban Transition-Ada County
Designation)to MU-DA(Mixed Use with a development agreement in lieu of a PUD)for
Village Gateway, a mixed use commercial development including a hotel site, retail and
restaurant uses, and a convenience store with a fuel station. The 10.65-acre site is located
on the southeast corner of Beacon Light Road and State Highway 16.
B. APPLICATION SUBMITTAL:
A neighborhood meeting was held at 6:00 PM, October 15, 2007, in compliance with the
application submittal requirements of Eagle City Code. The annexation and rezone
applications for this item were received by the City of Eagle on October 24, 2007.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on October 29, 2007. Notice of this public hearing
was mailed to property owners within three-hundred feet(300-feet)of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on October 25, 2007. Requests for agencies' reviews were transmitted on October
25, 2007, in accordance with the requirements of the Eagle City Code. The site was posted
in accordance with Eagle City Code on November 8,2007.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on November 26, 2007. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on November 21,
2007. The site was posted in accordance with the Eagle City Code on November 30, 2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:N/A
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E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two RUT(Residential—Ada Agriculture/vacant
County designation)and MU
(Mixed Use)
Proposed No Change MU-DA(Mixed Use with Mixed use commercial
Development Agreement) development including a
hotel site, retail, and
restaurant uses
North of site Transitional Residential RUT(Residential—Ada Agriculture/vacant
County designation)and MU (proposed Terra View
(Mixed Use) development)
South of site Residential Two RUT(Residential—Ada Agriculture/vacant
County designation)and MU
(Mixed Use)
East of site Residential Two RUT(Residential—Ada Agriculture/vacant
County designation)and MU
(Mixed Use)
West of site Star AOI RUT(Residential—Ada Trellis Subdivision
County designation)and MU
(Mixed Use)
G. DESIGN REVIEW OVERLAY DISTRICT: Scenic Corridor Overlay.
H. TOTAL ACREAGE OF SITE: 10.65-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See justification letter date Stamped October 24, 2007 provided by the applicant's
representative, attached to the staff report.
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J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT(if
applicable):
The applicant is requesting a development agreement to meet the intent of the Eagle
Comprehensive Plan, specifically the Mixed Use development section, and to ensure that
the property is developed in a manner that protects the public interest and assures a
development that meets the vision for this area as anticipated by the City of Eagle.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is located within the City of Eagle's municipal water service area. See agency
responses(attached)regarding the availability of fire, sewer,and power services.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
M. NON-CONFORMING USES:None apparent on site.
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Chevron Pipeline
Eagle Sewer District
Idaho Department of Environmental Quality
Star Fire District
O. LETTERS FROM THE PUBLIC:None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The Comprehensive Plan Land Use Map(adopted 02-13-07)designates this site as:
Residential Two
Suitable primarily for single family residential development within areas that are rural in
character. Maximum density of up to 2 units per 1 acre.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major
corridors and natural features through the city. These areas may require berming,
enhanced landscaping,detached meandering pathways and appropriate signage controls.
• Chapter 1 —Overview
1.3 The City of Eagle Vision Statement
In 1999, City of Eagle citizens envisioned their future town as a well-planned
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community that encourages diversified living and housing opportunities, fosters
economic vitality that offers jobs for residents, and provides places for people to
recreate and enjoy Eagle's natural beauty.
Similarly as in 1999,the 2004 Soaring 2025: City of Eagle Western Area Plan
outlined an extensive public visioning process to guide the plan. The visioning
sessions discussed potential growth areas and goals to guide the long term
development of the City.From these visioning sessions,the following four broad
goals were identified for the western AOI:
b. Identify"Activity Centers": Identify areas that, due to the nature of existing
uses, future uses and/or transportation corridors,will lend themselves to
increased activity and non-residential use to preserve larger areas as primarily
residential neighborhoods.
c. Preserving Regional Transportation Corridors(State Highway 16&44):
Preserve the function of regionally significant roadways through the City
while ensuring compatibility with land uses and design standards of the City.
6.8.3 Village Planning Area
The Village Planning Area is designed to provide flexibility of design while also
ensuring compatibility to existing large lot residential uses and transitional density
as development approaches Homer Road and the Foothills. This area is not
intended to be master planned but does require great care in planning to ensure
that uses are compatible and that the Village Center serves as an anchor of the
area and is not taken over by residential uses.
a. Uses/Design
The land use and development policies specific to the Village Planning Area
include residential, commercial, retail, civic, research and development park,
corporate and/or educational campus, hospitality and office uses. Non-
residential uses will be focused in the Village Center.
1. Village Center: The Village Center encompasses approximately 600-
acres and is bounded generally by Beacon Light Road to the north,
Floating Feather Road to the south, Palmer Lane to the west and
Lanewood Road to the east. Non-residential uses will be focused in the
Village Center. This area is comprised of three key components:
(a) A village center providing retail commercial, hospitality and civic
uses;
(b) A research and development/educational campus and/or corporate park
area designed to provide sufficient space for corporate headquarters in
a park-like setting near ancillary commercial uses located in the village
center; and
(c) A potential high school and/or middle school site located near the
village center and higher density residential areas. This location allows
for the transfer of density into an appropriate residential area which
minimizes busing costs and the traffic concerns of placing schools in
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residential areas because the schools will be within walking distance to
services that the students would typically use.
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Village Center Concept
b. Access
The Village Planning Area will promote the construction of an east/west
boulevard that will include planted medians, sidewalks and limited
signalization. This road design shall be similar to Harrison Boulevard and
Park Center Boulevard in Boise.
This area will also include the extension of Homer Road from Linder Road to
the village center and the realignment of Beacon Light Road to slow the flow
of traffic between Hwy 16 and Hwy 55.
The Village Planning Area will be dependent upon the interconnectivity of
local roads as the area develops.
Access to the area from State Highway 16 should be limited to the mile
between Beacon Light Road and Floating Feather.
Commercial and retail uses should be discouraged from fronting on State
Highway 16. Non-residential use should be focused internally to the Village
Center and the residential uses and located along local/collector roads.
ITD should be discouraged from constructing frontage roads along the eastern
side of Hwy 16 and landscape berms should be used to continue a gateway
feeling to the city along the eastern side of Hwy 16.
The design of the area should incorporate non-motorized pathways linking
residential areas to the village center, foothills and the existing Eagle
Downtown.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
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• Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the
zoning districts have been formulated to realize the general purposes as set forth in this
title. In addition,the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as
limited office, limited commercial, and residential. This district is intended to ensure
compatibility of new development with existing and future development. It is also
intended to ensure assemblage of properties in a unified plan with coordinated and
harmonious development which shall promote outstanding design without unsightly and
unsafe strip commercial development. Uses should complement the uses allowed within
the CBD zoning district. All development requiring a conditional use permit in the MU
zoning district, as shown in section 8-2-3 of this chapter, shall occur under the PUD
and/or development agreement process in accordance with chapter 6 or 10 of this title
unless the proposed development does not meet the area requirements as set forth in
section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
adjacent parcels(to meet the minimum area requirements), shall be encouraged. Otherwise
a conditional use permit shall be required unless the proposed use is shown as a permitted
use in the MU zoning district within section 8-2-3 of this chapter. Residential densities
shall not exceed ten (10)dwelling units per gross acre. When a property is being proposed
for rezone to the MU zoning district a development agreement may be utilized in lieu of
the PUD and/or conditional use process if approved by the city council provided the
development agreement includes conditions of development that are required during the
PUD and conditional use process.
C. DISCUSSION:
• The proposed development is located on the southeast corner of Beacon Light Road and State
Highway 16. This intersection is identified in the Long Range Transportation Plan (Communities
in Motion) to have a grade separated interchange by 2030. This intersection will be the only local
access to the State Highway for 4 miles.
• The site plan should be revised to allow for potential cross access easements to the south and to the
east of the site.
• ACHD and ITD have completed a limited review of this application. The final Development
Agreement should not be approved until ACRD has had sufficient time to review and place
conditions on the application.
• Beacon Light Road is scheduled in the Long Range Transportation Plan to be improved as a 5 lane
arterial from State Highway 16 east to Linder Road.
• The site, though not located within the designated Village Center,will see pressure to develop with
non-residential uses due to the surrounding land uses, no access to SH16 and limited access to
Beacon Light Road. The existing development to the west of the site is commercial in nature as is
the southern portion if the proposed Terra View development to the north.
• The uses proposed are appropriate for a limited access State Highway and are similar to the uses
currently allowed at the SE corner of SH 55 (Eagle Road) and the SH 44 Bypass in Downtown
Eagle. The Annexation and further development of the Winery at Eagle Knoll, the River Birch
Golf and a grade separated interchange provides a unique opportunity to have these areas
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compliment each other. The provision of hotel and commercial uses in this area are ancillary to the
existing/proposed uses occurring in the area including but not limited to the Legacy development,
the Village Center,the Winery at Eagle Knoll,the Eagle Wine District Overlay,and the River Birch
Golf Course.
• It is anticipated that Residential uses in this area will have significant impacts due to the noise
associated with the State Highway and Beacon Light Road.
• Discussion with ITD have not provided the City a clear understanding of the ROW needed for the
Grade separated interchange at Beacon Light and State Highway 16. Staff has concerns about the
location of "Restaurant Pad A". This pad would be in conflict with the future location of an
interchange at this site. Staff recommends that the site plan be revised to remove or relocate that
building pad to another portion of the site.
• ITD has not provided clear direction as to the distance from the center of the Beacon Light and
State Highway 16 intersection to the first local access east on Beacon Light Road. Staff
recommends that the access point for this site be shift to the west 100 feet and be deemed temporary
until and new collector road can be constructed and this site is able to receive access from the east.
• The land owner should work with ACHD and the City through the Transportation Land Use
Integration Plan to establish the appropriate cross section for Beacon Light including pedestrian
facilities.
• Public art should be incorporated into the design of the development to mark this area as a gateway
to the Village Center and the City of Eagle.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
annexation and rezone with conditions to be placed within a development agreement as noted
within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 19, 2007, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one(other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by one (1) persons stating concerns about how this development might obstruct their view of the
foothills.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of A-17-07&RZ-24-07 for an annexation
and rezone from RUT(Rural Urban Transition-Ada County Designation)to MU-DA(Mixed Use
with a development agreement)for CMH,Development with the conditions to be place within a
development agreement shown within their Findings of Fact and Conclusions of Law document,
dated December 3,2007.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications came before the Eagle City Council for their action on December
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18, 2007, at which time public testimony was taken, and the public hearing was closed. The Council
made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one(not including the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in favor or opposed to the proposal was presented by
COUNCIL DECISION:
The Council voted *to * to *A-17-07&RZ-24-07 for an annexation and rezone with a
development agreement from RUT(Rural Urban Transition—Ada County designation)to MU-
DA(Mixed Use with a development agreement)for CMH Development, with the following
Planning and Zoning Commission recommended conditions to be placed within a development
agreement with text shown with strike-through to be deleted and underline text to be added by the
Council.
3.1. All development within the Property shall be consistent with the Eagle Architecture and
Site Design Book,Eagle City Code, Eagle Comprehensive Plan specifically Chapter 6.8.3 governing the
Village Planning Area, and be generally consistent with the Proposed Commercial Development Plan (the
"Plan")attached hereto as"Exhibit A". The Plan describes the general nature and relative location of
certain elements for the Property. The intent of this Agreement is to allow sufficient flexibility at the time
a detailed plan and platting are submitted to the City,while maintaining the general intent of the Plan with
the requirements set forth in this Development Agreement.
3.2. Applicant will develop the Property subject to the conditions and limitations set forth in
this Development Agreement. Applicant will also submit such applications regarding design review,
preliminary and final plat reviews, and/or any conditional use permits, if applicable,and any other
applicable applications as may be required by the Eagle City Code.
3.3. Except as otherwise provided within this Agreement or by applicable ordinances,the
Village Gateway shall comply with the Eagle Comprehensive Plan and City Code, as they exist at the time
this Development Agreement is recorded.
3.4. The 10.65 acre site of the Village Gateway shall consist of entirely non-residential mixed-
use development. Situated at the southeast corner of Highway 16 and Beacon Light Road,this parcel is
approximately one-half mile to the west of the Village Center; an area identified in the Eagle
Comprehensive Plan(Chapter 6.8.3)in the Village Planning Area;an area designed to provide
compatibility to large lot residential uses and transitional density. The land uses to be utilized on the
Property shall be compatible to the Village Center planning area emphasizing trip capture and minimizing
high traffic generating uses. The Village Center area specifically seeks to provide retail commercial,
hospitality,and civic uses; a research and development/educational campus and/or corporate park area
designed to provide sufficient space for corporate headquarters in a park-like setting near ancillary
commercial uses located in the village center.
3.4.1. The Property shall be developed in compliance with Eagle City Code and the
Eagle Comprehensive Plan, as adopted at the time this Development Agreement
is recorded,except as otherwise provided herein.
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3.4.2. Commercial uses shall be limited to those uses that compliment or are ancillary to
the Village Center and are otherwise limited to the following uses:
• Hotel(150+/-room capacity)
• Bar
• Coffee Shop with drive-thru
• Childcare Daycare Center
• Food and Beverage Sales, Excluding liquor sales(hours limited to 7am to
10pm)
• Live entertainment events
• Massage Spa
• Office Business,professional, and medical
• Professional Activities
• Restaurant(hours limited to 7am to 10pm)
• Retail Sales Limited
• Retail Sales(pharmacy and medical)
• Travel services with fuel service
• Theater(movie)
3.4.3 The total square footage of retail and commercial on the site shall be limited to
31,000 sq ft plus a+/- 150 room hotel. If no hotel is developed on the site the
maximum square footage of retail and commercial shall increase to 120.000 sq ft.
and shall be designed to be consistent with a"Community Commercial"area.
3.4.4. No single retail tenant on the Property shall exceed twenty-five thousand(25,000)
square feet in building footprint area. If no hotel is developed on the site the
maximum single tenant on the property shall not exceed one hundred and twenty-
thousand(120.000)square feet in building footprint area and be designed to be
consistent with a"Community Commercial"area.
3.4.5 Drive Thru uses should be limited to the two(2)pad sites located on the eastern
side of the property and must be a minimum of 150 ft south of the Center lie of
Beacon Light Road.
3.4.5.1 Drive thru uses should be buffered so that the drive-thru portion of the
building is concealed with landscaping
3.4.6 No portion of the Property shall be used for any of the following uses:
• All Commercial Two(C2)Uses
• All Industrial Uses
• Outside Storage,
• "Commercial,Adult Business,"
• "Commercial,Automotive,mobile home,travel trailer, and/or farm implement
sales, "
• "Commercial, Cemetery,"
• "Commercial, Drive-in theatre,"
• "Commercial, Mortuary/Funeral Home."
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• "Commercial, Storage(fenced area),"
• Residential
3.4.7. The Developer shall work with ITD to design the northeast corner of the site so it
will not impede construction of a grade separated interchange at the intersection of
Highway 16 and Beacon Light Road.
3.4.8. The Developer shall work with ACHD to establish an access point to the Beacon
Light Road that aligns with the Development to the north and will serve as a
continuation to a parallel color system to State Highway 16.
3.4.9. The Property shall comply with all setback requirements in a MU zone pursuant to
the Eagle City Code.
3.4.10. The Property shall comply with all Parking requirements pursuant to the Eagle
City Code as substantially depicted on the Plan.
3.4.11. Height Exception. A height exception of 45' shall be permitted for the hotel
building,which is anticipated to accommodate a maximum of 150 rooms.
3.5. Except for the limitations and allowances expressly set forth above and the
Other terms of this Agreement,the Property may be developed and used consistent with the Mixed Use
land uses allowed by the Eagle City Code, and Eagle's Official Schedule of District Use Regulations,
existing at the time this Development Agreement is recorded,a copy of which is attached hereto by
reference herein as "Exhibit* ".
3.6. Prior to issuance of any building permits,Applicant shall provide proof of
adequate sewer service to the proposed commercial uses. A letter of approval shall be provided to the City
from the Idaho Department of Health,Division of Environmental Quality, and/or Central District Health,
prior to issuance of any building permits.
3.6.1 Applicant acknowledges that the Property is currently not annexed to the Eagle
Sewer District and annexation shall be required prior to signing of any final plat
for the first phase by the City.
3.6.2 Applicant acknowledges that the Property is located within the City of Eagle
Municipal Water Service Area and compliance with applicable Eagle City Code
sections is required.
3.7. If applicable,Applicant shall provide a report or analysis of any proposed changes to
wetlands located on the Property and any such change shall be contingent upon approval by the applicable
state and federal agencies,along with the City of Eagle, and shall be in accordance with the Eagle
Comprehensive Plan and City Code. Applicant agrees all development and improvement of the Property
shall comply with all laws and regulations pertaining to regulated wetlands.
3.8. If applicable,Applicant will comply with all rules, regulations and ordinances of Eagle
unless as otherwise required herein, including,but not limited to, applications for development permits as
required by Title 10, Flood Control, Eagle City Code.
3.9. Applicant shall provide an on-site,tree lined landscape strip along State
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Highway 16 and Beacon Light Road as generally shown and depicted on"Exhibit A",attached hereto
and incorporated by reference herein. The landscaping, including street trees and pathways, shall be
reviewed and approved as required by applicable Eagle City Code provisions.
3.9.1. Beacon Light Road shall include a ten(10)foot wide bicycle/pedestrian pathway
within the landscape strip as generally shown and depicted on"Exhibit A"and in
the Eagle Comprehensive Plan.
3.9.2 The property shall be designed to allow for a public roadway connecting this site.
to the adjacent site to the east and an north/south collector aligned with
development to the north of the site and stubbed to the south. City approved
access points and stub streets are subject to approval by ITD and ACRD and
Applicant must provide all necessary approvals and/or license agreements.
3.10. The site shall 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.), in the northwest corner of the site.
3.11. Building placement shall be designed such that parking areas are not concentrated
between the buildings and roadways of a collector status or higher. The side of any buildings facing these
roads shall be provided with architectural design elements and architectural relief in keeping with the
proposed architectural styles contained in"Exhibit E", attached hereto and incorporated herein by
reference.
3.12 Building location shall be sited so not to impede the future development of a grade
separated interchange for the intersection of Beacon Light Road and State Highway 16 as proposed in the
Long Range Transportation Plan(Communities in Motion)for ITD,ACHD And COMPASS.
3.12. Pathways and pedestrian/bicycle public access connecting the public roads
to residential areas and commercial areas shall be provided consistent with the Eagle Comprehensive.Plan
and approved by the City of Eagle prior to approval of the preliminary plat.
3.13. Except as otherwise provided in this Agreement,the Property can
be developed in accordance with the Eagle City Code in effect on the date this Agreement is executed, if
the permitted uses of the Residential Two Zone are expanded, such expanded uses shall be included in this
Agreement.
3.14. As required by Title 6 chapter 5 Eagle City Code,the Property shall become part of the
City of Eagle's municipal water system and comply with the Eagle City Code. All water mains to be
dedicated to the public shall only be constructed on rights of way, easements or publicly owned property.
Easements or permits secured for main extensions shall be obtained in the name of the City, along with all
rights and title to the main at the time of service is provided to the customer paying for the extension.
Water mains shall be extended by the applicant to the boundaries of the development at locations
designated by the City Engineer.
3.15. The conditions, covenants and restrictions for the Property shall contain at least the
following:
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3.15.1. 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.
3.15.2. A requirement for all fencing within the development to be open-style such as wrought
iron,extruded aluminum(looks like wrought iron),or three-rail-type wooded
decorative fencing. All other fencing(i.e.cedar fencing,vinyl,chainlink)shall be
prohibited.
3.15.3. Parking shall only be allowed in the designated parking.
3.15.4. A maintenance manual for the drive aisles requiring the association(s)shall have the
duty to maintain and operate all of the drive aisles providing access to the individual
lots including the repair and replacement of asphalt and sidewalks.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at the site at 6:00 PM, October 15, 2007, in compliance with the
application submittal requirement of Eagle City Code. The applications for this item were received by
the City of Eagle on March 7,2007.
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 25, 2007. Requests for agencies' reviews
were transmitted on October 25, 2007, in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on November 8,2007.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 26,
2007.Notice of this public hearing was mailed to property owners within three-hundred feet(300-feet)
of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on November 21, 2007. The site was posted in accordance with the Eagle City Code
on November 30, 2007.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-24-07 with
regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the
information provided concludes that the proposed rezone is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU-DA (Mixed Use with development
agreement) is consistent with the text description provided within the Comprehensive
Plan for this area;
b. The information provided from the agencies having jurisdiction over the public
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facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided as conditioned within the development agreement to serve the
uses allowed on this property under the proposed zone/development agreement;
c. The proposed MU-DA (Mixed Use with a Development Agreement) zone is
compatible with the RUT zone and land uses to the north, south, and east since those
areas have the similar Comprehensive Plan designations as this site, and may be
developed in a complimentary manner to this development.
d. The proposed MU-DA (Mixed Use with a Development Agreement) zone is
compatible with the RUT zone and land use to the west since this area is separated
from the proposed development by State Highway 16;
e. The land proposed for rezone is not located within a"Hazard Area" or"Special Area"
as described within the Comprehensive Plan; and
f. No non-conforming uses are expected to be created with this rezone.
DATED this 18th day of December 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
4111111.
1
Nancy C. Merrill, Mayor
.................
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ATTEST: •.• O1.......•.� •,,
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S
Sharon . Bergmann, Eagle City C erk *=L S • <49
........
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Page 13 of 13
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