Findings - CC - 2007 - A-04-07/RZ-04-07 - A/Rz From Rut To Mu-Da/15 Acres Residential/4 Acres Non Resid/7 Acres Of Wi
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-04-07 & RZ-04-07
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 of 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) with a Pre-Annexation and
Development Agreement for a Mixed use development including +/- 15 acres of
residential uses at 5 units per acre and +/- 4 acres of non-residential uses including +/- 7
acres of winery facilities and +/- 7 acres of retail commercial uses. The +/- 31.175-acre site
is generally located north of Beacon Light Road and south of Pollard Lane, west of State
Highway 16, north of the River Birch Golf Course.
B. APPLICATION SUBMITTAL:
A neighborhood meeting was held at 6:00 PM, March 6, 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 March 07, 2007 and
updated 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 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 propelty 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.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS: NA
E. COMPANION APPLICATIONS: N/A
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Multiple Use, Star RUT (Rural Urban Transition- Winery, entertainment
Comprehensive Plan Ada County Designation) center, vineyards & Pasture
Proposed None proposed MU-DA (Mixed Use with a Mixed Use/Residential
development agreement) Development
North of site Multiple Use, Star RUT (Rural Urban Transition- Farm and pasture
Comprehensive Plan Ada County Designation)
South of site Multiple Use, Star RUT (Rural Urban Transition- Residential subdivision
Comprehensive Plan Ada County Designation) (Trellis Subdivision) &
River Birch Golf Course -
.75 acre lots surrounded by
the golf course
East of site Residential Transition/ RUT (Rural Urban Transition- Proposed Terra View
Village Center Ada County Designation) Development (A-16-07 /
RZ-23-07)
West of site Multiple Use, Star RUT (Rural Urban Transition- Agricultural land and
Comprehensive Plan Ada County Designation) pasture
G. DESIGN REVIEW OVERLAY DISTRICT: Scenic Corridor Overlay.
H. TOTAL ACREAGE OF SITE: 31.1 75 Acres
Acres of Residential -
+/- 14 acres as proposed (45% of site)
+/- 24 acres maximum (77% of site)
Total Number of Units -
70 units (As proposed) 2.2 units/acre gross
192 units (Maximum) 6.15 units/acre gross
Acres of Non-Residential -
+/- 7.2 acres (23 %) - Mixed Use (Minimum)
+/-17 acres (55%) - Mixed Use (Maximum)
1. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached 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 of the 2004
City of Eagle Visioning map for the area and to ensure that the property, when developed,
is in a manner that protects the public interest and assures a development that meets the
intent of the mixed use zone in this area as anticipated by the City of Eagle.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
This property, unlike other within the Eagle Comprehensive Plan, is not in the Eagle
Sewer District Planning area or the City of Eagle Water Service Planning Area. The
current winery development is currently served by a community well and package
wastewater treatment system in conjunction with the Trellis Subdivision to the south of
the site. Further expansion of the uses on site will require approval from Central District
Health, IDWR, and DEQ or the annexation into the Star Sewer and Water District.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON-CONFORMING USES:
The property currently functions under a conditional use permit from Ada County as a
winery and sales office. Under Ada County Code commercial uses a re extremely limited
in the RUT zone. Annexation into the City of Eagle and rezoning to MU will resolve the
concerns about the current uses on the site and will provide for the completion of the
overall site development.
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:
CHAPTER 1: OVERVIEW
1.1 City of Eagle Statement of Purpose
a. To ensure that adequate public facilities and services are provided to the people at
reasonable cost.
b. To ensure that the economy of the City of Eagle and its AOI is protected and enhanced.
c. To ensure that the important environmental features of the City and its AOI are protected
and enhanced.
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d. To encourage urban and urban-type development within the incorporated city.
g. To ensure that the development of land is commensurate with the physical characteristics
of the land.
1.2 City Vision Statement
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.
d. Increased Employment Opportunities: Identify areas that will provide significant
employment opportunities to the residents of the City of Eagle thereby allowing the City to
be a desirable place to live, work, and recreate.
CHAPTER 3 - POPULATION
Goals: To promote a high quality of life and livability in the community.
CHAPTER 4 - SCHOOLS, PUBLIC SERVICES AND UTILITIES
4.2.4 Schools Implementation Strategies:
b. Prohibit the development of schools on sites that present a hazard, nuisance or other
limitation on normal functions of the school.
4.6.4 Water Implementation Strategies:
b. Work with other water service providers to maintain a safe and sufficient water supply
across jurisdictional boundaries.
4.9 Other Services and Utilities Existing Conditions:
a. Electricity: Idaho Power Company (IPC) provides electrical service throughout the City of
Eagle and the Eagle AOI. IPC an investor-owned public utility company regulated by the
Idaho Public Utilities Commission (IPUC). The IPUC requires IPC to provide electric
service to new developments within the IPC service area which includes the City of Eagle
and the Eagle AOI
b. Pressure Irrigation: The City of Eagle currently requires developers to install pressurized
irrigation systems for the irrigation of landscaping when new development is within an
irrigation district and water rights are available.
c. Solid Waste: A private contractor currently provides household and business trash
collection and recycling services to Eagle residents. The City of Eagle plans to continue
using these services for the foreseeable future.
d. Natural Gas: Intennountain Gas currently provides natural gas services to the Eagle area.
e. Telephone and Telecommunications: Local telephone service is currently provided by
Qwest to a majority of city residents. Computer networking, teleconferencing,
telecommuting, internet and wireless communications are rapidly evolving. This trend is
affecting how people make a living and where they work in the community.
CHAPTER5-ECONOMICDEVELOPMENT
5.4 Economic Development Objectives
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a. To preserve the economic integrity of the Central Business District (CBD) and to
encourage business and industry that have minimal environmental impact to move their
operations into Eagle.
b. Provide additional economic sustainability to the City of Eagle by encouraging the
location of stable employment based industries that bring a balance of residential,
recreational and economic values to the City.
5.5 Economic Development Implementation Strategies
f. Seek new commercial development that will complement the Central Business District and
Eagle's rural residential identity to locate adjacent to but outside the Central Business
District.
g. Promote additional employment opportunities and expand the economic base by:
I. Encouraging growth and expansion of existing businesses and industry, and
2. Attracting additional business and industry so residents will be provided with
adequate commercial services and facilities.
\. Discourage excessively large single entity businesses that would jeopardize the
competitive business environment.
J. Encourage the balancing of commercial uses throughout the City and the western planning
area to avoid overloading key intersections and individual planning areas.
k. Enforce the sizing and scaling of commercial and mixed use areas as specified in the land
use chapter.
m. Discourage isolated or strip commercial uses.
n. Promote and recruit additional employment opportunities that allow Eagle residents to live
and work within the City of Eagle.
p. Encourage the location of corporate and business uses to the Village Center and the Moon
Valley & State Planning Areas.
q. Encourage context sensitive design of business and employment centers to complement
Eagle's rural identity.
CHAPTER 6 - LAND USE
6.3.9 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.
6.3 .12 Village Center
Suitable for development that accommodates the development of an employment center with
supporting residential, commercial, quasi-public, and business uses. All uses should be within
walking distance from the employment center and are intended to service the immediate area
not to distract from the central business district.
6.3 .19 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 benning, enhanced
landscaping, detached meandering pathways and appropriate signage controls.
6.4 Land Use Goals
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a. Preserve the rural transitional identity.
b. Ensure the ability for the city to continue to fund, improve and support itself (including
infrastructure) without the use of building pennit fees, impact fees and zoning fees.
c. Identify areas that, due to the nature of existing uses, anticipated uses, and/or
transportation corridors, will lend themselves to increased activity and non-residential use
while preserving larger areas as residential neighborhoods.
d. Preserve the function of regionally significant roadways transecting the City while
ensuring compatibility with land uses and design standards of the City.
e. Identify areas that will provide significant employment opportunities to the residents of the
City of Eagle, thereby supporting the City as a desirable place to live, work, and recreate.
6.6 Land Use Implementation Strategies
d. Discourage strip commercial type development.
q. Consider annexing any parcels of land allowed to be annexed by Idaho Code 50-222.
r. Encourage a variety of housing through such mechanisms as PUD's in subdivisions
including large lot subdivisions.
t. Maintain a Vision Map that depicts opportunities for creating and enhancing activity
centers and linkages between planning areas and the existing City. (See Map 2.1)
u. 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.
v. Subject to Design Review all commercial and subdivision development within the City
w. Discourage the creation of single use commercial and office districts should be
discouraged.
x. Encourage the development of districts that serve a variety of useS:,
y. Discourage mid-block commercial development along arterial and collectors unless it is
specified in the plan and meets the principles of New Urbanism and/or provides cross
access between adjacent commercial parcels. Existing mid-block commercial uses of a
marginal nature shall be encouraged to convert to residential uses.
6.8.3 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.
CHAPTER 8 - TRANSPORTATION
8.4 Goals
Plan a transp0l1ation system to serve the planned land use of the City of Eagle and its Area of City
Impact.
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Maintain the function and connectIvIty of the street system for current users, emergency
response efforts, and for use by future generations.
Using sound land use and transportation relationships, develop alternate routes or corridors for
ACHD planners to evaluate transportation alternatives that best emphasize the needs of
developing areas while lessening the potential for congestion.
8.5 Objectives
Coordinate with Community Planning Association (COMPASS), Ada County Highway District
(ACHD) and Idaho Transportation Department (ITD) to ensure consistency between street
improvements and the land use plans and decisions of the City of Eagle and surrounding city
and county governments.
Maintain a land use decision-making process that is supportive of the service level standards
identified in the most recent Regional Transportation Plan for Ada County of record, and which
is protective of living environments along streets.
Encourage completion of the existing street system and creation of new links, within reasonable
constraints, as the transportation system develops.
Promote land use policies that limit access as necessary to maintain safe and efficient operation
of the existing street system while allowing reasonable access to individual development
parcels.
8.6 Implementation
a. Encourage roadway design standards that are consistent with the Idaho Transportation
DepaItment (ITD), Ada County Highway District (ACHD), Ada Planning Association (APA),
and other agencies that may be responsible for roadway planning and design.
I. Establish and require minimum setbacks between developments and roadways and encourage
installation of benns and landscaping for all developments to enhance safety and to enrich the
roadway and community appearance.
hh. Develop grid systems at commercially zoned arterial intersections, where feasible, in order
to support increased traffic.
II. Improve access control on existing streets through the review of new developments
JJ. Develop methods, such as cross-access agreements, frontage and backage roads, to reduce
the number of existing access points onto arterial streets.
kk. Work with adjacent jurisdictions to develop more restrictive access limitations than
presently exist for arterials and highways of regional transportation importance.
CHAPTER 12 - COMMUNITY DESIGN
12.2 Goals
Protecting the City's character: Strive to create an aesthetically pleasing community and
protect the unique natural beauty and small town character of the City.
Maintaining a functioning City at build out (2025): Ensure that the City can continue to fund,
improve and support itself, including its infrastructure and parks, at build-out (2025) when
building permit fees, impact fees and zoning fees are no longer available.
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.
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Identifying "Activity Centers": Identify areas that, due to the nature of existing uses, future
uses and/or transportation corridors, will lend themselves to increased activity and non-
residential use and will therefore allow the City to preserve larger areas as primarily residential
neighborhoods.
12.3 Objectives
Enhance the appearance of the City's entry corridors. Design review procedures should guide
future development and redevelopment of existing uses. Depending on land uses and
buildings, more extensive landscaping and fewer points of access may be required. The design
review process will enable the City to address the special features of each property and facility
in a manner that will best address the overall intent of enhancing Eagle's entryways. Eagle's
entrance corridors may take on the look of landscaped berms like those built adjacent to the
Banbury and Lexington Hills Subdivisions.
12.4 Implementation Strategies
k. Establish and maintain development patterns and design criteria in keeping with the rural
transitional identity of Eagle.
I. Include in the City Design Review Ordinance criteria for building design, landscaping,
signage and other aesthetic standards. Development along State Street within the Impact
Area and outside the City limits shall be encouraged to comply with the Design Review
Ordinance.
m. Develop buffer and transition zones between conflicting types of land use.
n. Encourage the development of a strong community identity through urban design
standards, downtown revitalization, cultural activities, and visual gateways to the City.
o. Prepare and adopt design guidelines and development standards to be the basis for design
review of architectural, landscaping, signage and other visual impacts of development
projects.
p. Encourage the planting and preservation of trees that will create beauty and add to the
healthy environment of downtown (see Eagle Tree Plan below).
q. Protect and enhance the small town character of the City by requiring signage which is
creative and distinctive, compatible with its surroundings, and an integral component of
the style and character of the building to which it relates.
r. Maintain the rural residential character and open space environment in and around the
City.
s. Ensure that all commercial uses are designed to be compatible with, and context sensitive
to, residential uses and environmentally sensitive areas.
t. Ensure that commercial development is scaled appropriately to the intended regional,
community and neighborhood use.
u. Limit non-residential uses to designated areas and make scaling and intensity of use
paramount criteria during the review and approval process.
v. Ensure that gateways are properly delineated and incorporated into development through
the use of approved landscaping, entry markers and place making features.
w. Provide a variety of housing opportunities ranging from large lot residential to multi-
family apartment uses.
ee. Require that private and public open space be included in new multi-family
developments and that they are large enough to be used by all residents.
ff. Recognize the following gateways:
State Highway 16
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-1-2
Open Space
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
. Eagle City Code Section 8-2-4 (G): A decrease of minimum lot size in a subdivision may be
allowed if there is an offsetting increase of the same square-footage in open space and a
planned unit development is applied for and approved.
. Eagle City Code Section 8-2-4 (1): Minimum lot frontage, the portion of a lot front adjacent to a
public or private street, for all residential zoning districts shall be 35 feet.
. Eagle City Code Section 8-2A-7 J(4)(a & b) Major Roadways:
a. Any road designated as an urban or rural collector on the Ada County long range highway
and street map:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (l00) linear feet of right of way: four (4)
shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree
may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty
percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, benn, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three feet
(3') horizontal distance to one foot (I ') vel1ical distance. If a decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall is to be provided in combination
with the benn, a four foot (4') wide flat area shall be provided for the placement of the
decorative wall. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted.
b. Any road designated as a minor arterial on the Ada County long range highway and street
map:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be provided
with the following plants per one hundred (l00) linear feet of right of way: five (5) shade
trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty four (24)
shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees,
provided that not more than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three feet
(3') horizontal distance to one foot (I ') vertical distance. If a decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall is to be provided, in combination
with the berm, a four foot (4') wide flat area shall be provided for the placement of the
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decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall
not be pennitted.
. Eagle City Code Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS":
It shall be the policy to guide a major development of land and construction by encouraging
planned unit development (PUD) to achieve the following:
A. A maximum choice of living environments by allowing a variety of housing and
building types and permitting an increased density per acre and a reduction in lot
dimensions, yards, building setbacks and area requirements;
B. A more useful pattem of open space and recreation areas and, if permitted as part of the
project, more convenience in the location of accessory commercial uses, industrial uses
and services;
C. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, trees and other vegetation and prevents the disruption of natural
drainage pattems;
D. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
E. A development pattern in hannony with land use density, transportation and community
facilities objectives of the Comprehensive Plan.
. Eagle City Code Section 8-7-3-3 CONDITIONAL USES "PUBLIC SITES AND OPEN
SPACES" Public sites and open spaces shall confonn to the following:
B. Natural Features: Existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, water courses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large-scale
developments, the Council may require sufficient park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development.
. Eagle City Code Section 8-7-3-5: CONDITIONAL USE PERMIT:
D. Conditions Of Pennit: Upon the granting of a conditional use penn it, conditions may
be attached to said pennit including, but not limited to, those:
I. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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None, applicant shall comply with the Subdivision standards in effect at the time of platting.
a. DISCUSSION:
. The applicant is proposing the use of a development agreement to serve as a guide for this
development approval. Staff and the City attorney will verbally address their concerns at the
public hearing.
. The property is not identified on the City of Eagle Comprehensive Plan Land Use Map. The
property, though considered for inclusion and requested by the former owner, was not included in
the 2004 Comprehensive Plan due to it being located west of State Highway 16 and the City trying
to establish a clear line for future land use planning. After the City adopted the 2004 Plan the
County granted Star areas both east and west of SH 16 including this site, clearly determining that
the highway was not a geographic boundary to be considered.
. The 2004 Visioning map designated the property as "mixed use" due to its location adjacent to
State Highway 16, limited local access and the existing uses on the site. (See Attachment)
. With the Annexation of the HOImaechea feed lot and the Terra View development this property
has become contiguous to the City of Eagle and would like to annex into and develop in the City
of Eagle as expressed during the community visioning process in 2004. If the annexation path for
this development is not achieved the development agreement will serve as a pre-annexation
agreement.
. The uses that are being proposed are consistent with the uses identified in the Star Comprehensive
plan as "multiple use":
"This land use is designed to retain the rural, small town atmosphere of the City. Land uses
may include a mixture of residential, limited office, commercial and light industrial. The
intent of the land use category is to provide for basic services and job opportunities in close
proximity to where people live. Land use developments may be subject to a conditional use
approval process as detennined by a specified use per Star ordinances. This land use will
assist in the orderly/friendly growth in the City and its impact area. Further, this land use will
assist in the protection of sensitive agricultural lands in Ada County and the Star vicinity." -
Star Comprehensive Plan Pg. 15
. Currently the "winery" is an approved conditional use under Ada County Development Services
with significant limitations on density, types of sales, and lot coverage. The proposed uses are
consistent with a mixed use land use pattern and the expansion of the development in this area.
. Since the applicant has not yet designed the preliminary plats for the development, it can not yet be
determined where, or if, all the density will be used in the project. With that, the Applicant is
requesting that once a base unit count is fixed for this development, then it will be recognized by
the City and the applicant that remaining, available units may be incorporated into any phase. The
conceptual plan for the site includes three main components I) approximately 25% of the Site for
the continued winery, commercial/retail, and entel1ainment uses, 2) Approximately 25% of the
site as a commercial/retail nursery facility and 3) 50% of the site as a residential mixed product
development with lots ranging in size from single family detached patio home (approximately
6,000-square feet density of 5.5 units per acre) to common wall townhouses and row houses on
common lots (approximately 7.5 units per acre).
. The maximum development potential of the site is 192 units on 24 acres (76% of the site) or a
maximum net residential density of 8 units per acre. For each acre developed as mixed use,
beyond the existing 7 acre winery site, 8 units shall be removed from the maximum residential
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density. As depicted in the conceptual plan, with 17 acres of mixed use, the total residential unit
count would be 113. The current concept for the property establishes the residential density at 5
units per acre or 70 units. Council may consider using this number for calculating base and
maximum density so the minimum density is 70 units on 14 acres and a maximum density of 120
units on a maximum area of24 acres.
. The attached conceptual plan, though subject to change, should be used as a guide to ensure that
the future plat is in general compliance with this approval.
. ACHD states that Stub streets should be provided to pollard Lane to the north and west of the site
and potentially to the River Birch Golf Course to the south.
. The property should be developed to comply with the minimum open space requirements for
Residential development in Eagle City Code.
. The property is not located within the City of Eagle Municipal Water Service Area no the Eagle
Sewer District Planning Area. The site is currently served water from a community well approved
with the Trellis Subdivision to the south as well as a by a packaged treatment system. The
applicant shall provide a documentation to the City of Eagle that the existing facilities are
sufficient to serve the expanded uses prior to expansion or provide documentation that the
applicant is in compliance with ECC Chapter 6, a letter of service from the Star Sewer and Water
District and have approvals from IDWR, DEQ and Central District health
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 19, 2007, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by four (4) persons stating concerns about density, clustering and the proposed uses for the site.
D. Oral testimony in the fOlm of comments about this proposal was presented to the Planning and
Zoning Commission by Chief Scott Buck of the Star Fire District to clarifY the Districts concerns
about access along State Highway 16.
COMMISSION DECISION:
The Commission voted 4 to 0 (McCarrel abstained) to recommend approval of A-04-07 & RZ-04-
07 for an annexation and rezone from RUT (Rural Urban Transition-Ada County Designation) to
MU-DA (Mixed Use with a development agreement) 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
18,2007, at which time public testimony was taken, and the public hearing was closed. The Council
made their decision at that time.
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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-04-07 & RZ-04-07 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 City of Eagle Visioning
map and Eagle City Code and be generally consistent with the Site Concept Plan ("Concept Plan")
attached hereto as "Exhibit A". The Concept 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 Concept
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 penn its, 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
Eagle Knoll Development shall comply with the Eagle Comprehensive Plan and City Code, as they exist at
the time this Development Agreement is recorded.
3.4. The Eagle Knoll Development shall consist of three (3) primary elements: a pre-existing
winery, a residential development, and a mixed-use development contained within the approximately 31.18
acre site. The proposed Site Concept Plan indicates approximately fifty percent residential use and fifty
percent of non-residential use. Of the fifty percent commercial use, approximately half (approximately 7
acres) is allocated to the winery facilities, or twenty-five percent of the overall development. The balance
of the development shall be:
3.4.1. Residential Development
3.4.1.1. The Site Concept Plan anticipates approximately 14.10 acres of residential
developable property as discussed further in Section 3.4.2 below, which
would entitle a total of 70 dwelling units. However, the nursery, while
appropriate, may be ultimately expanded as a residential use with a
maximum of 5 units per acre. For each acre converted from a non-
residential mixed use to a residential use beyond the 14.10 acres shown in
the concept plan, five units shall be permitted per acre up to 120 units.
The density of the 14.10 acres and any additional residential use shall not
exceed 120 units or a maximum residential density of 5.0 Units per Acre
on 24 acres (75% of the site).
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3.4.1.2. Pursuant to the Concept Plan, areas developed as residential shall not
substantially exceed 14.10 acres with the following ratios:
Table 3.4.1.2
Product Type Aprox. Sa ft.!unit U nits/Acre % of units
Townhouse 4,000 8.3 57%
Row Houses 4,500 7.2 15%
Single-Family 6,500 5.5 28%
3.4.1.3 Setbacks and dimensional standards for the residential development shall
comply with ECC 8-6 or as follows:
Table 3.4.1.3
Setbacks Max. Units
Front* Garage Rear Interior Street Attached
Product Type at Street Side
Townhouse Altemating 20 ft. lOft. 5 ft. lOft. 2
Row Houses lOft. o ft. *** lOft. 5
10 & 15 Ft.
Single-Family 20 ft. 5ft. ** 5ft. lOft. 0
" No more than /11'0 units can have the same set back before alternating
"" When on a pond lOft ifnot
"""20ft. Mill. be/lreen buildings
3.4.2. Mixed Use Development
3.4.2.1 Non-residential mixed land uses shall be a minimum of twenty-five
percent of the Property and a minimum of 12.69 acres. 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. In the
Retail/Commercial area of the Property consisting of approximately 7
acres in the eastem portion of the site as depicted on the Site Concept
Plan, non-residential uses shall include a mixture of relatively small retail
uses such as coffee shops, bars, retail (wine-related or otherwise), and
restaurants, which shall compliment the current winery uses as well as
serve the needs of the neighboring residential population generally
confonning to the pedestrian plaza concept depicted on the Site Concept
Plan. For each acre developed as mixed use beyond the 7 acre winery
site,S units shall be removed from the maximum residential density of
120 units provided under Section 3.4.1.1.
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3.4.2.2. Commercial uses shall be limited to those uses that compliment or are
ancillary to the existing Eagle Knoll Winery and are otherwise limited to
the following uses:
. Agricultural Retail (Fuels Service only for facility use)
. Artist Studio
. Arts and Crafts shows
. Bar
. Beauty/barber Shop
. Bed and Breakfast
. Brewery
. Coffee shop
. Convenience Store (no Fuel Service)
. Creamery
. Family & Group Childcare
. Food and Beverage Sales (hours limited to 7am to 10pm)
. Gift Shop
. Health club, spa, weight reduction salons (including a racquet club)
. Home and business services
. Bed and Breakfast, Boutique Hotel (up to 20 rooms)
. Massage Spa
. Nursery
. Office Business, professional, and medical
. Personal Improvement
. Personal Service
. Photographic Studio
. Professional Activities
. Restaurant (no drive thru) (hours limited to 7am to 10pm)
. Retail Sales Limited
. Retail Sales (phannacy and medical)
. Travel services (No Fuel service)
. Winery
. Vet Clinic (excluding overnight boarding)
. Museum
3.4.2.3 No portion of the Property shall be used for any of the
following uses:
. All Industrial Uses
. Fuel Service
. Outside Storage,
. "Commercial, Adult Business,"
. "Commercial, Automotive, mobile home, travel trailer, and/or fann
implement sales, "
. "Commercial, Cemetery,"
. "Commercial, Drive-in theatre,"
. "Commercial, Mortuary/Funeral Home."
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. "Commercial, Storage (fenced area),"
3.4.2.4 Applicants shall comply with all parking requirements pursuant to City of
Eagle Title 8, Chapter 4.
3.4.3 The Ea!!le Knoll Winery
3.4.3.1 Currently, the winery is an approved conditional use under Ada County
development services as a winery and sales office and is thus classified
as a valid, non-confonning use. The existing winery facilities shall
continue to function with the exception of the wine production building
which shall serve as a banquet/reception facility. A new production and
storage building shall be utilized in the southeast pOliion of the
commercial area.
3.4.4 Open Space
3.4.4.1 The Site shall comply with the open space requirements under ECC 8-6-
Sin effect at the time of the submittal ofa preliminary plat application.
3.4.4.1.1 Fifty (50) percent of all units must abut Open Space, sixty -five
(65%) percent of all town homes shall abut Open Space and
fifty percent (50%) of all patio homes shall abut Open Space.
3.4.4.2. All open space areas are subject to the Eagle Design Review process and
standards of Eagle City Code 8-2A.
3.4.4.3. All Community Open Space shall comply with the Eagle City Code in
effect at the time of any preliminary plat application.
3.4.4.4. All Community Open Space shall be maintained by the Eagle Knoll
Home Owners Association.
3.4.4.5. At the time of platting the developer shall provide a sufficient area
acceptable to the City in the northem portion of the Property in order to
locate a "Welcome to Eagle" monument.
3.5. The Property is not in the Eagle Sewer District Planning area or the City of Eagle Water
Service Planning Area. The existing winery development is served by a community well
and package wastewater treatment system in conjunction with the Trellis Subdivision to
the south of the site in association with the Trellis Subdivision to the south. Prior to any
expansion of the uses on the site or the signing of any final plat, the City shall require
proof of adequate water and sewer service to the proposed residences and 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, and Idaho
Department of Water Resources of any such services or the Property shall be required to
annex into the Star Sewer and Water District.
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3.6. 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.
3.7. Applicant will comply with all rules, regulations and ordinances of Eagle unless as
otherwise required herein, including, but not limited to, applications for development
penn its as required by Title 10, Flood Control, Eagle City Code.
3.8 Applicant shall provide an on-site, tree lined landscape strip along State
Highway 16 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. Streets shall be stubbed north and west to Pollard Lane as shown on the Concept Plan
(Exhibit A) submitted to the City on _with the access to Highway] 6 shall be
relocated to the north. A secondary emergency access shall be provided and the location
approved by the Star Fire District and lTD. All other access points shall be removed from
the Site Concept Plan. All access point to Highway 16 shall be designated as ftfl
cmcrgency temporary access until such time as a new access to Pollard Lane is achievable
or traffic counts exceed ITD or Star Fire Districts Standards. All access points, road and
stub street locations shall be approved by ACHD and ITD prior to submittal of any
preliminary plat.
3.10. Eagle hereby acknowledges that the attached typical housing styles and lot layout plan
(Exhibit "D") represents an example of the Property Owners' current concept for the site
and understands and agrees that changes in that concept will likely occur but that the
changes must substantially confonn to the concept plan and related designs herein. The
Property Owner also understands and agrees that any changes regarding development of
the site must be in conformance with the "Conditions of Development" stated herein.
3.10.1 All non-single family structures shall comply with ECC 8-2A and shall receive
approval from the Eagle Design review Board and City Council prior to the
issuance of any building penn its.
3.10.2 The development shall comply with the Eagle City Code, as it exists in final form
at the time a design review application is made, including compliance with all of
the conditions as provided within this development agreement.
3.10.3 As described by the applicant, strict architectural controls shall be enforced shall
be in keeping with proposed typical architecture standard for the development.
Examples are attached as Exhibit D of this agreement and are incorporated herein
by reference. To assure compliance with this condition, the applicant shall create
an architectural control committee (ACC) as a component of the subdivision
CC&R's. Provisions regarding the creation and operating procedures of the ACC
shall be included in the CC&R's, and shall be reviewed and approved by the City
attorney prior to the approval of the final plat for phase one.
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3.10.4 The applicant shall provide a modified site plan showing a an increase buffer
between the existing River Birch golf course and the residential use on the south
of this site.
CONCLUSIONS OF LAW:
a. A Neighborhood Meeting was held at the site at 6:00 PM, March 6, 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.
b. 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-04-07) 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 Mixed Use Designation City of Eagle Visioning
Map and the Multiple Use designation on the Star Comprehensive Plan Land Use
Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided at the time of development, to serve all uses allowed on this
property under the proposed zone;
c. The proposed MU-DA (Mixed Use with development agreement) is compatible with
the RUT (Rural Urban Transition) zone and the residential development and golf
course land uses to the south since this area is to be developed as the Trellis
Development and the River Birch Golf Course;
d. The proposed MU-DA (Mixed Use with development agreement) is compatible with
the proposed MU-DA (Mixed Use with development agreement) zone and land uses
to the east since these areas have the same Comprehensive Plan designation as this
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site, and may be developed with similar uses.
e. The proposed MU-DA (Mixed Use with development agreement) is compatible with
the RUT (Ada County) zone to the north and west since these areas have the same
Comprehensive Plan designation as this site, and may be developed with similar uses.
f. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area" as described within the Comprehensive Plan. and
g. No non-conforming uses are expected to be created with this rezone if the conditions
to be placed within the development agreement are achieved.
DATED this 18th day of December 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
~I~
Nancy C. Merrill, Mayor
~
ATTEST:
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Page 19 of 19
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