Findings - CC - 2008 - A-01-08/RZ-04-08/PP-01-08 - A/Rz From Rut To Mu-Da/Pp/1.88 Acre/8 Lot/4149 /W. State St.
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT TO MU-DA AND A PRELIMINARY )
PLAT FOR OLD VALLEY PLAZA SUBDIVISION )
FOR 4149 STATE STREET, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-OI-08/RZ-04-08 & PP-OI-08
The above-entitled annexation, rezone, and preliminary plat applications came before the Eagle City
Council for their action on August 26, 2008, at which time public testimony was taken and the public
hearing was closed. The Eagle City 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:
4149 State Street, LLC, represented by Shawn Nickel with Rose Law Group Borton, is
requesting an annexation and rezone of two (2) parcels (total 2.05-acres), from RUT
(Rural-Urban Transition - Ada County designation) to MU-DA (Mixed Use with a
development agreement) and preliminary plat approval for Old Valley Plaza Subdivision,
a 1.88-acre, 8-lot (7-buildable, 1 common) commercial subdivision. The site is generally
located on the southwest comer of State Highway 44 and Old Valley Road at 4149 West
State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, February 19, 2008, at the Eagle Sewer
District office in compliance with the application submittal requirement of Eagle City
Code. The application for this item was received by the City of Eagle on February 21,
2008.
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 March 31, 2008. 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 March 28, 2008. The site was posted in accordance with the Eagle City Code on
April 11, 2008. Requests for agencies' reviews were transmitted on March 3, 2008, in
accordance with the requirements of the Eagle City Code.
Due to the application having been continued, a second Notice of Public Hearing on the
application for the Eagle Planning and Zoning Commission was published on June 23,
2008, and a second notice of this public hearing was mailed to the property owners within
three-hundred feet (300-feet) of the subject property on June 20, 2008. The site posting
was also changed on June 20, 2008, to reflect the amended public hearing date.
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Notice of Public Hearing on the application for the City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on August 4, 2008. 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 August 1,2008.
The site was posted in accordance with the Eagle City Code on August 15, 2008.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A
E. COMP ANION APPLICA nONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICA nON FOR THE REZONE:
The justification letter dated February 21, 2008, and provided by the applicant is included
herein by reference.
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The justification letter dated February 21, 2008, and provided by the applicant is included
herein by reference.
H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA nONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use R I (Residential - Ada Single-family residence
County designation) and vacant land
Proposed No Change MU-DA (Mixed Use with a Office/Retail commercial
development agreement) development
North of site Mixed Use RUT (Rural-Urban Transition State Highway 44 and
- Ada County designation) Agriculture
South of site Mixed Use RUT (Rural-Urban Transition Single family residential
- Ada County designation) (proposed Anglers Hamlet
Subdivision)
East of site Mixed Use MU-DA (Mixed Use with a Single family residential
development agreement) (Camille Beckman
Subdivision)
West of site Mixed Use R 1 (Residential - Ada Single-family residential
County designation) (Benmor Subdivision)
I. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
J. SITE DATA:
Total Acreage of Site - 2.05 acres
Total Number of Lots - 8
Residential- 0
Commercial - 7
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Industrial- 0
Common - I
Total Number of Units - 0
Single-family - 0
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre N/A N/A
Minimum Lot Size 0.13-acres (5,451 sq. ft.) O.II-acres (5,000 sq. ft.)
Minimum Lot Width 80-feet (approx.) 50-feet
Minimum Street Frontage N/A N/A
Total Acreage of Landscaped Area Parcel A * Parcel A *
(measured as total landscaping of .27-acres (11,953 sq. ft.) . 19-acres (8,203 sq. ft.)
the entire site) Parcel B* Parcel B*
.05-acres (2,400 sq. ft.) .02-acres (872 sq. ft.)
Percent of Site as Landscaped Area 16% (approximately)* 10%*
(measured as total landscaping of
the entire site)
*Note- The total landscaped area and percentage of site as landscaped area is based on required landscaping
for a commercial subdivision pursuant to Eagle City Code.
K. GENERAL SITE DESIGN FEATURES:
Green Belt Areas and Landscape Screening:
Eagle City Code does not require landscape screening or a buffer in a commercial
development. All berming, fencing and landscaping details, including any proposed pump
houses for pressurized irrigation, are required for Design Review Board review and
approval prior to submittal of a final plat, or prior to the issuance of a building permit,
whichever occurs first.
The City of Eagle Pathway Map delineates a bike and pedestrian pathway adjacent to State
Highway 44.
Open Space:
Because this is a commercial subdivision located within the MU zoning district, a
minimum amount of open space is not required. However, a minimum of 10% of
landscaping will be required throughout the site, pursuant to Eagle City Code Section 8-
2A-7 (B) (2).
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 graded so 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.
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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:
The preliminary plat shows three (3) fire hydrants located within the subdivision.
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - no (existing to be removed)
Pressurized Irrigation:
The preliminary plat date stamped by the City on June 17, 2008, delineates pressurized
irrigation lines to the buildable lots within the subdivision. The applicant will be required
to provide documentation showing sufficient water rights to serve the proposed irrigation
system.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision. The site currently has mature trees adjacent to the Middleton
Mill Ditch and a large spruce tree in proximity to the existing residence. (The City
Forester's comments are included herein by reference).
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
L. STREET DESIGN:
Public Streets:
The proposed Old Valley Plaza Subdivision and the separate parcel east of the Middleton
Mill Ditch are bordered by State Highway 44 to the north and Old Valley Road to the
South.
The buildable lots within Old Valley Plaza Subdivision will not have direct lot access to
any public road. Access to Old Valley Road for the buildable lots will be provided
through Lot 5, Block 1, and a common lot providing parking for the subdivision.
The applicant is proposing to construct Old Valley Road as a town center collector. The
preliminary plat date stamped by the City on June 17,2008, shows a typical street section
for Old Valley Road containing two (2) five-foot (5') wide bike lanes, two (2) eleven-foot
(11 ') wide travel lanes, an eleven-foot (11 ') wide landscape median, seven and a half-foot
(7112') wide parallel parking area adjacent to a seven foot (7') wide attached sidewalk with
tree planters on the south side of the road, and a detached five foot (5') wide detached
sidewalk on the north side of the road, these improvements are contained within an
existing eighty foot (80') wide right-of-way.
Blocks Less Than 500': None
Cul-de-sac Design: N/ A
Sidewalks:
The site plan date stamped by the City on June 17,2008, show a fourteen foot (14') wide
attached sidewalk with tree planters adjacent to the proposed building lots and a seven
foot (7') wide attached sidewalk adjacent to Old Valley Road and the parking area
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common lot (Lot 5, Block 1).
Curbs and Gutters:
The preliminary plat and the site plan date stamped by the City on June 17, 2008, shows
six inch (6") vertical curb adjacent to Old Valley Road and the parking area on the interior
of the site.
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
lighting shall be completed before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to
date. Approval from that committee is required prior to final plat approval.
M. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
The site plan date stamped by the City on June 17, 2008, shows a seven-foot (7') wide
sidewalk adjacent to Old Valley Road and the parking lot. The City of Eagle Pathway map
shows a bike and pedestrian pathway adjacent to State Highway 44. The site plan does
not show the required pathway adjacent to State Highway 44.
Bike Paths:
The site plan shows a five foot (5') wide bike lane adjacent to the parallel parking area on
the south side of Old Valley Road.
N. PUBLIC USES PROPOSED: None
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
P. A V AIL ABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Potable Water:
The site is located within United Water Company ofIdaho certificated service area.
Sewer:
Lynn Moser with the Eagle Sewer District provided correspondence dated May 29, 2007,
stating 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 within State Highway
44 right-of-way.
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - Yes - adjacent to Middleton Mill Ditch and located at the southeast comer of
Parcel "B" (as shown on the site plan date stamped by the City on June 17,2008)
Riparian Vegetation - Yes - on the banks adjacent to Middleton Mill Ditch
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Steep Slopes - No
Stream/Creek - Yes - Middleton Mill Ditch
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is included herein by
reference. Comments which appear to be of special concern are noted within the Staff
Analysis/Discussion section of the report.
City Engineer: All comments within the Engineer's letters dated Julyl7, 2008, are of
special concern (included herein by reference).
Ada County Highway District - Recommending Old Valley Road be re-classified and
constructed as a collector roadway and providing recommendations for access points.
Central District Health Department - Proposed uses must be served by central sewage
and central water. Plans will be required to be submitted for any proposed grocery stores
or food and beverage establishments.
Chevron Pipeline - No comment
Department of Environmental Quality - Addressing air quality, wastewater, drinking
water, surface water, and hazardous waste and ground water contamination
requirements.
Eagle Fire Department - Addressing the spacing of fire hydrants, fire access roads, and
minimum fire flows.
Idaho Transportation Department - Indicating access to SH-44 will not be allowed,
requesting a setback of 100' feet from the existing highway centerline to accommodate
future lanes as shown on the State Street Corridor Study, and if the City desires a
pathway or sidewalk along the highway frontage the developer will have to construct it.
Stoppello & Kiser (Representing the Middleton Mill Ditch Company and Middleton
Irrigation Association - Request the final plat approval be conditioned upon receipt by the
City of Eagle of signed recorded agreement between Middleton Canal Companies and the
applicant.
T. COMMENTS FROM THE CITY FORESTER:
Email and tree valuation provided by Julie Lafferty, City Forester, dated April 4, 2008,
(referenced herein by reference).
U. LETTERS FROM THE PUBLIC: None received to date.
ST AFF 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 11-27-07) designates this site as:
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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 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
I. 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.
x. Limit non-residential uses to designated areas, with scaling and intensity
paramount to the approval of these uses.
y. 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.
z. 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.
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a. Use
The land use and development policies specific to the Park Lane Planning
Area include the following:
2. The area located along Old Valley Road should be a mixture of
residential and Professional Office with Limited Service Commercial. All
uses along Old Valley should be designed to be oriented to take access
from Old Valley Road and to encourage pedestrian movement through the
area.
b. Design
1. Old Valley Road Area:
The design of this area should capitalize on the existing Old Valley Road
and bring activities and uses closer to the road, creating a pedestrian
friendly area that encourages walking as well as servicing auto traffic.
The Old Valley Road area should include street trees, benches and
sidewalks.
Common parking areas at the sides of buildings and joint parking
agreements should be encouraged to minimize walking distances between
buildings and provide a pedestrian scale to the area.
On-street parking should be encouraged where sufficient right-of-way is
available.
Signage for non-residential uses should be incorporated as a master sign
plan rather than individual signs located along State Highway 44/State
Street.
Chapter 8 - Transportation
8.3 City of Eagle Functional Pathway Classifications
An effective pathway system should include a combination of Paths and Lanes.
The City of Eagle Transportation/Pathway Network Maps #1, #2, #3, illustrate the
various classifications and locations which are included in the pathway system
and described as follows:
8.3.2 Paths
Function:
To provide for recreation and alternative transportation; important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Location:
Unlike the bike lanes that are part of roadways, Paths are routes that are not
directly part of an established roadway. Paths could be located on their own
corridors and separated from roadways. This could include utility easements,
irrigation canals, adjacent to rivers or creeks, or on established recreational routes.
Paths could also be located along roadway right-of-ways and would usually be
separated from vehicle travel lanes and the paved section of the roadway by a
median or sidewalk.
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8.4 Goals
Pathway System Goals
Encourage the development of a local and regional pathway system. The design
of the pathway system should be coordinated with other elements of the City's
Comprehensive Plan. The pathway system is to provide basic mobility for some
and a non-drive alone mode for everyone.
Work regionally to integrate the pathway system with the ongoing planning and
design efforts for the SH-44, SH-16, SH-55 and US 20-26 corridors
Support the concept and goals of demand management strategies, such as
telecommuting, ride-sharing, park-and-ride facilities, etc. to reduce overall travel
demand.
8.6.2 Specific Design Strategies
c) Support the access restriction policies of the Ada County Highway District
and the Idaho Transportation Department at a minimum. The access
restrictions shall be based upon the most stringent future use of the roadway.
Temporary accesses may be considered in areas with a developing regional
roadway network.
e) Discourage direct lot access to parcels abutting arterial and collector streets.
0) Encourage arterial and collector center turn lanes only at driveways and/or
street intersections that are expected to generate a minimum of 500 vehicle
trips per day, or where determined to be necessary by ACHD or ITD, and to
encourage landscaping within any portion of a center turn lane which is not
used for such a driveway or intersection. Such landscaped medians would
need to be maintained by the City, homeowners' association, or another
responsible entity and would require a license agreement with the highway
district having jurisdiction.
8.6.4 Pathway Strategies
a) Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway
Network Maps #, #2, #3, adopted local and regional pathway plans, as may be
needed for intra-neighborhood connectivity and to ensure that bike and
pedestrian traffic is not unnecessarily pushed out onto arterials and collectors.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code, Section 8-1-2 Rules and Definitions:
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.
Planned Unit Development:
A development designed to incorporate a variety of lot sizes and created to
accommodate a wide range of income levels and planned to be developed as a unit
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under single ownership or control which may include residential, commercial, or
office uses or any combination thereof.
Restaurant with Drive-Through:
A restaurant, typically with indoor seating, which includes drive-up window
service for ordering food to go.
Lot:
A parcel, plot, tract, or other land area of sufficient size to meet minimum zoning
requirements for use, coverage and area, and created by subdivision for sale,
transfer, or lease, and to provide such yards and other open spaces as are herein
required. Such lot shall have frontage, as may be required within this code, on an
improved public street, or on an approved private street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record; and
C. A combination of complete lots of record, or of portions of lots of record.
Street:
A right of way which provides vehicular and pedestrian access to adjacent
properties, the dedication of which has been officially accepted. The term "street"
also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard,
lane, place or other such terms.
Private Street: A street that is not accepted for public use or maintenance which
provides vehicular and pedestrian access.
. 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
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development agreement includes conditions of development that are required during
the PUD and conditional use process.
. Eagle City Code, Section 8-2-4 Schedule of Height and Lot Area Regulations:
Zoning Maximum D D loredo, Street Maximum Minimum Lot Minimum
District Height Side Side Lot Covered Area (Acres Or Lot
Sq. Ft.) G And Width 1*
H*
!MU 1135' 1~~17.5' 1~150% 115,000 1150' I
. Eagle City Code, Section 8-2A-7 (1) 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.
. Eagle City Code, Section 8-2A-7 (K) Parking Lot Landscaping:
I. 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:
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.
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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:
A. Visibility At Intersections: On a comer lot in any district, nothing shall be erected,
placed, planted or allowed to grow in such a manner as to materially impede
vision between the height of two and one-half (2 1/2) and ten feet (10') above the
center line grades of the intersecting streets in the area bounded by the right of
way lines of such comer lots and a line joining points along said street right of
way lines twenty five feet (25') from the point of intersection.
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, Chapter 4, Off Street Parking and Loading
8-4-2: Application of Provisions:
A. No building or structure shall be erected, substantially altered, or its use changed
unless permanently maintained off street parking and loading spaces have been
provided in accordance with the provisions of this title.
D. If more than one use is located on the site, the number of off street parking spaces
shall be equal to the sum of the requirements prescribed for each use unless a
joint/collective parking facility is approved as provided for in section 8-4-4-3 of
this chapter.
8-4-4-2: Additional Design and Maintenance Regulations and Requirements:
B. Access: Any parking area shall be designed in such a manner that any vehicle
leaving or entering the parking area from or onto a public or private street shall be
traveling in a forward motion. This requirement does not apply to public
alleyways.
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8-4-5: Schedule of Parking Requirements:
In accordance with subsection 8-4-1 A of this chapter, parking spaces for other
permitted or conditional uses not listed herein shall be determined by the
administrator. Among the factors for determining the number of spaces to be required
for a use not listed herein, the administrator shall compare the proposed use with a use
which has similar traffic generating characteristics as outlined in the most recent
version of the institute of transportation engineers trip generation manual.
For the purpose of this title, the following space requirements shall apply:
IType Of Use
IOffices, business and professional
IOffices, medical and dental
!Restaurant with drive thru
Restaurants, dining rooms, taverns
nightclubs, etc.
Retail sales not listed under another use
classification
Iloff Street Parking Spaces Required
III per 250 square feet of gross floor area
111 per 200 square feet of gross floor area
II per 200 square feet of gross floor area; plus queue space
for 5 cars for drive up service
I per 150 square feet of gross floor area; plus I per 35 square
feet dance floor
11 per 250 square feet of gross floor area
· Eagle City Code, Chapter 6, Planned Unit Development:
8-6-5-1: Minimum Area:
A PUD for the following principal uses shall contain an area of not less than the
following, however, the zoning administrator may permit the submittal of a PUD
which does not meet the minimum area requirements provided the council finds that
unique or special circumstances exist with regard to the site so as to warrant the
exception and that the PUD will be designed and operated in accordance with the
provisions of this title:
C. Ten (10) acres for commercial and office use.
8-6-6: Procedure for Approval of Planned Unit Development:
When the PUD also qualifies as a subdivision, the processing of the conditional use
permit and subdivision application shall occur at the same time. The granting of a
conditional use permit for a PUD shall require a preapplication, the submission of a
preliminary development plan and approval by the council of a final development plan
as specified within this title.
· Eagle City Code, Chapter 10 Development Agreements, Section 8-10-1 Requirements and
Restrictions:
A. Purpose: Development agreements are a discretionary tool to be used by the
council as a condition of rezoning. Development agreements allow a specific
project with a specific use to be developed on property in an area that is not
appropriate for all uses allowed or conditional in the requested zone.
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C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code, Section 9-1-6 Rules and Definitions
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.
Planned Unit Development:
A subdivision designed as a combination of residential, commercial and office uses or
any combination thereof planned for a tract of land to be developed as a unit under
single ownership or control, which is developed for the purpose of selling individual
lots or estates, fronting on private or dedicated streets, which may include two (2) or
more principal buildings.
Lot:
A parcel, plot, tract, or other land area of sufficient size to meet minimum zoning
requirements for use, coverage and area, and created by subdivision for sale, transfer,
or lease, and to provide such yards and other open spaces as are herein required. Such
lot shall have frontage, as may be required within this code, on an improved public
street, or on an approved private street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record; and
C. A combination of complete lots of record, or of portions of lots of record.
Subdivision:
The result of an act of dividing any lot, tract or parcel of land into two (2) or more
parts for the purpose of transfer of ownership or development, which shall also
include the dedication of a public street and the addition to, or creation of, a cemetery.
Subdivisions shall be divided into "minor subdivision", "major subdivision" and
"large scale development", as those terms are defined in this section. However, this
title shall not apply to any of the following:
A. An adjustment of lot lines as shown on a recorded plat which does not reduce the
area, frontage, width, depth or building setback lines of each building site below
the minimum zoning requirements, and does not increase the original number of
lots in any block of the recorded plat;
. 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 (I 2').
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. 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 StripsIBuffer 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 alllandscape/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 9-4-1-6 PedestrianIBicycle 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:
1. The paved portion of the pathway may range from six feet (6') to ten feet (I 0')
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.
D. DISCUSSION:
. The Comprehensive Plan Land Use Map designates this site as Mixed Use with a Scenic
Corridor overlay. The proposed property consists of two (2) separate parcels divided by the
Middleton Mill Ditch. The applicant is requesting to subdivide the 1.88-acre parcel (Parcel A)
west of the Middleton Mill Ditch into an eight (8) lot (7-buildable, 1 common) commercial
subdivision. The non-contiguous .17-acre parcel (Parcel B) located east of the right-of-way
containing the Middleton Mill Ditch at the southwest comer of State Highway 44 and Old
Valley Road is not proposed as a lot within Old Valley Plaza Subdivision. Pursuant to Eagle
City Code, Section 9-1-6 a Planned Unit Development is "a subdivision designed as a
combination of residential, commercial and office uses or any combination thereof planned for
a tract of land to be developed as a unit under single ownership or control, which is developed
for the purpose of selling individual lots or estates, fronting on private or dedicated streets,
which may include two (2) or more principal buildings." The applicant should be required to
provide a revised preliminary plat showing the Middleton Mill Ditch contained within the
existing ditch right-of-way as well as the adjacent . 17-acre parcel east of the right-of-way as a
lot within Old Valley Plaza Subdivision prior to submitting a Design Review application.
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· The Scenic Corridor Overlay designation 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. The
applicant is proposing a 1,600 square-foot restaurant with drive-thru (coffee/cafe shop) to be
located on the southwest comer of State Highway 44 and Old Valley Road as shown on the
Site Plan date stamped by the City on June 17, 2008. The site plan shows the restaurant with
drive-thru building footprint, associated drive-thru lane, and two (2) off-street parking spaces.
Pursuant to Eagle City Code restaurants with a drive-thru requires one (1) parking space/250
square-feet; therefore a 1,600 square-foot restaurant with drive-thru requires seven (7) parking
spaces. The two (2) parking spaces proposed on site for the restaurant with drive-thru will be
insufficient (additional parking is proposed on Old Valley Road west of the site). The
applicant should be required to reduce the restaurant with drive-thru to a size that will
adequately accommodate off-street parking. Also, the restaurant with drive-thru (coffee/cafe
shop) should be designed in a manner that compliments the proposed development to the west
and, in the perspective of the user, connects and functions as a whole, planned development.
Mitigation measures should be provided (i.e. landscape rocks and landscape berms) to reduce
the impact of the drive-thru lanes (Le. vehicle headlights and vehicle cueing) on State
Highway 44. If the drive-thru coffee/cafe use is permitted, the Conditions of Development
should include language stating the drive-thru coffee/cafe shall be designed in such a way as to
compliment the development as a whole and, shall provide a minimum forty-eight inch (48")
grade separated berm adjacent to the drive-thru lane to reduce the impact of the vehicles
utilizing the drive-thru lanes (Le. vehicle headlights and vehicle queuing).
Within the applicant's proposed development agreement, Condition of Development #2.3
addresses monument signage for the development and states:
"The Master Sign Plan for the development shall include 1 monument sign on each of two
parcels adjacent to State Highway 44. In addition, Parcel A (See site plan) will be allowed
one monument sign adjacent to Old Valley Road, This does not preclude each individual
building from having on-building signage in accordance with Eagle City Code. "
Parcel "A" is located at the southwest comer of State Highway 44 and Old Valley Road. The
site plan date stamped by the City on June 17, 2008, shows the drive-thru coffee shop/cafe
located on Parcel "A". If a monument sign were to be constructed on Parcel "A" adjacent to
Old Valley Road, the sign would possibly create a visual obstruction of traffic exiting the
drive-thru lane onto Old Valley Road. The applicant should submit a design review sign
Application for all signage within Old Valley Plaza Subdivision to be reviewed and approved
by the Design Review Board prior to the issuance of a zoning certificate.
· The applicant is requesting a MU-DA (Mixed Use with a development agreement) zoning
designation to utilize the development agreement in lieu of a planned unit development to
provide flexibility to achieve the design elements within the Comprehensive Plan, Park Lane
Planning Area for Old Valley Road. The 2007 Comprehensive Plan, Chapter 6, Park Lane
Planning Area (Old Valley Road Area section), states that this area should be designed to
capitalize on the existing Old Valley Road and bring activities and uses closer to the road,
creating a pedestrian friendly area that encourages walking as well as servicing auto traffic.
Further, it states that on-street parking should be encouraged where sufficient right-of-way is
available. The site plan date stamped by the City on June 17, 2008, shows eighteen (18) on-
street parallel parking spaces within the right-of-way of Old Valley Road. The applicant is
including the parallel parking spaces within the required parking count and since the
Comprehensive Plan supports on-street parking, staff is supportive of allowing the on-street
parking to be included as part of the required on-site parking.
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. The Ada County Highway District (ACHO) provided a staff report with conditions requiring
the following:
o Old Valley Road shall be constructed as a "town center" collector roadway.
o Provide a public turnaround until the barricade at Old Valley Road and Linder
Road is removed.
o Location and design of access points.
. As mentioned above, the site plan date stamped by the City on June 17, 2008, shows on-site
parking as well as on-street parallel parking located on Old Valley Road. The site data chart
provided on the site plan referencing the seven (7) buildings located within Parcel "A" (Old
Valley Plaza Subdivision) west of the Middleton Mill Ditch indicates a total building footprint
of 22,000 square feet. The data chart indicates the total parking spaces required for Parcel "A"
is eighty-eight (88). It should be noted that the site plan shows seven (7) buildings with a total
building footprint of 22,250 square feet. The data chart for Parcel "B" indicates there are eight
(8) parking spaces provided for the I ,600 square-foot restaurant with drive-thru. Pursuant to
Eagle City Code, only seven (7) parking spaces are required for that use and therefore the
additional parking space may be used for the additional 250 square-feet of building area
located on Parcel "A". The site plan delineates ninety-six (96) parking spaces (inclusive of
eighteen (18) on-street parking spaces). The data chart included on the site plan indicates that
based on the total square footage of the proposed buildings ninety-six (96) parking spaces are
required for the site based on a parking calculation at one (I) space/two hundred fifty square
feet. The applicant should provide a joint-parking agreement and a plat note on the final plat
that all property owners within the subdivision shall share the parking on Lot 5, Block I prior
to the City Clerk signing the final plat.
. The applicant is requesting a restaurant with a drive thru be permitted to be located on Parcel
B as shown on the site plan date stamped by the City on June 17,2008. Pursuant to Eagle City
Code, Section 8-2-3, Restaurants with a drive-thru are a prohibited use within a MU (Mixed
Use) zone. Within the proposed development agreement provided by the applicant Condition
of Development No. 2.1 permits the drive-thru coffee shop/cafe as an allowed use within the
development. The proposed language indicates the drive-thru is located within the
development, yet the drive-thru is proposed to be located on a separate parcel independent of
Old Valley Subdivision. Pursuant to Eagle City Code, Section 8-10-1 (A), development
agreements allow a specific project with a specific use to be developed on property in an area
that is not appropriate for all uses allowed or conditional in the requested zone; should the
Conditions of Development be approved, Parcel "B" should be included within Old Valley
Subdivision.
. The applicant's proposed development agreement Condition of Development No. 2.2 states
the buildings to be located on Lots 1 and 2, Block 1, and Lots 3 and 4, Block 1, may be
combined into one building constructed over both lots. The preliminary plat date stamped by
the City on June 17, 2008, shows a twenty-foot (20') wide United Water ofIdaho water line
easement located adjacent to the side lot line dividing Lot 1 and Lot 2, Block 1. The City does
not allow structures to be constructed over easements. Should the applicant decide at a later
date to combine the buildings shown on Lot 1 and Lot2, Block 1, into one (1) building, the
easement should be vacated and the water line relocated. To address combining the buildings
proposed on Lot 3 and Lot 4, Block 1, the applicant should file a Lot Line Adjustment
application to remove the side lot line located between the two lots.
. The Comprehensive Plan Transportation/Pathway Network Map shows a pathway adjacent to
State Highway 44. The site plan and preliminary plat date stamped by the City on June 17,
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2008, do not show a pathway adjacent to State Highway 44. The applicant should submit an
application showing a ten-foot (10') wide regional pathway located in a twenty-foot (20') wide
easement adjacent to State Highway 44 to be reviewed and approved by the Eagle Parks and
Pathway Development Committee and the Eagle Design Review Board prior to submitting a
final plat application. The pathway and easement should be dedicated to the City of Eagle and
recorded prior to recording of the final plat. The applicant should provide a note on the final
plat referencing the instrument number of the recorded easement.
· The property west of the site is currently zoned RI (Residential- Ada County designation) and
has an Eagle Comprehensive Plan Land Use Map designation of Mixed Use. While the
adjacent site may be developed similarly to that which is proposed on the subject site, Eagle
City Code states that 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. The site plan and preliminary
plat date stamped by the City on June 17,2008, does not show an area adjacent to the western
boundary sufficient in size to meet the aforementioned requirements. The applicant should
provide a revised preliminary plat showing an area adjacent to the western boundary with
sufficient width to meet the minimum buffer requirements for nonresidential uses adjacent to a
residential lot line pursuant to Eagle City Code Section 8-3-3 prior to submitting a design
review application.
STAFF RECOMMENDED FINDINGS PROVIDED IN THE STAFF REPORT:
· Rezone: With regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided to staff to date, staff believes 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 a development
agreement) is consistent with the designation as shown on the Comprehensive Plan
Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve all uses allowed on this property under the proposed
zone;
c. The proposed MU-DA (Mixed Use with a development agreement) zone is
compatible with the RUT (Residential Urban Residential - Ada County Designation)
land use to the north since the Comprehensive Plan Land Use Map designates that
area as Mixed Use and may be developed in a similar manner as this development,
and;
d. The proposed MU-DA (Mixed Use with a development agreement) zone is
compatible with the MU-DA (Mixed Use with a development agreement) zone and
land use to the south since that area is proposed to be developed with a residential use
and the Comprehensive Plan calls for a mixture of residential and Professional Office
with Limited Service Commercial in this area;
e. The proposed MU-DA (Mixed Use with a development agreement) is compatible with
the Rl (Residential-up to one units per acre - Ada County designation) zone and land
use to the west since that area may be developed in a similar manner as this
development, and;
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f. The proposed MU-DA (Mixed Use with a development agreement) zone is
compatible with the MU-DA (Mixed Use with a development agreement) zone and
land use to the east since that area is developed in a similar manner (Camille
Beckman);
g. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area" as described within the Comprehensive Plan; and
h. As stated in the Development Agreement, the applicant will remove all existing
structures on the site. Therefore, no non-conforming uses are expected to be created
with this rezone.
· Preliminary Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the
Commission and Council", and based upon the information provided to staff to date, staff
believes that the proposed preliminary plat is in accordance with the City of Eagle Code
because:
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 commercial use is 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, water 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 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.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested annexation,
rezone with a development agreement, and preliminary plat with conditions as provided within the
staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application came before the Eagle Planning and Zoning Commission for their
consideration on April 21, 2008. The Commission continued the item to May 5, 2008, May 19, 2008,
June 16, 2008, and June 23, 2008. The applications were re-noticed and came before the Eagle
Planning and Zoning Commission for their consideration on July 7, 2008. The Commission continued
the item to July 21, 2008, at which time public testimony was taken, the public hearing was closed and
the Commission made their recommendation at that time.
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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.
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 4 to 0 (Tanner recused) to recommend approval of A-OI-08 and RZ-04-08
for an annexation and rezone from RUT to MU-DA with conditions of development to be placed
in a development agreement as provided within their findings of fact and conclusions of law
document, dated August 4, 2008.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0 (Tanner recused) to recommend approval of PP-O 1-08 for a
preliminary plat for Old Valley Plaza Subdivision with the site specific conditions of approval and
standard conditions of approval provided within their findings of fact and conclusions of law
document, dated August 4, 2008.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 26, 2008, at which
time 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 (other than the
applicant/representative ).
C. Oral testimony in opposition to this proposal was presented by one (I) individual who indicated that
constructing the coffee shop on the parcel located at the southwest comer of State Highway 44 and Old
Valley Road (Parcel "B") will create a traffic jam at this location due to the parcels proximity to the
intersection and the number of high school students that utilize the intersection. The individual also
requested that this parcel should remain a park.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE:
The Council voted 2 to 1 (Shoushtarian against, Semanko recused) to approve A-O 1-08 and RZ-
04-08 for an annexation and rezone from RUT to MU-DA, with the following Planning and
Zoning Commission recommended conditions to be placed within a development agreement with
strike through text to be deleted by the Council and underline text to be added by the Council:
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
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public hearing shall be held on any proposed changes in the Concept Plan, notice shall be
provided as may be required by the City.
3.3 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 3.4, below). The building footprints shall be no larger than shown on
the site plan date stamped by the City on June 17, 2008. Should the buildings located on
Lots I and 2, Block I, be combined into one (I) building and the buildings located on Lots 3
and 4, Block 1, be combined into one building, the building footprint of those buildings
shall not exceed the square footage of the separate buildings as shown on the Site Plan.
3.4 Should a single building be constructed over Lot I and Lot 2, Block 1, the water line shall
be relocated, the associated easement vacated, and a Lot Line Adjustment application
submitted to the City to remove the lot line located between the two (2) lots, to be reviewed
and approved by staff prior to the issuance of a zoning certificate. Should a single building
be constructed over Lot 3 and Lot 4, Block I, the applicant shall submit a Lot Line
Adjustment application to remove the side lot line located between the two (2) lots, to be
reviewed and approved by staff prior to the issuance of a zoning certificate.
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:
· Childcare (Daycare Center or Group);
· Massage spa;
· Retail sales (limited)
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;
· Banks/financial (with drive up service);
· Boarding or Lodging House or Dormitory;
· Cabinet Service;
· Cemetery;
· Circuses and Carnivals;
· Drive-In Theatre;
· Equipment Rental and Sales Yard;
· Flex Space;
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· 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;]
· Roadside Stand (temporary structure);
· Small Engine Repair;
· Storage (fenced area);
· Woodworking shop
In addition, a Vet Clinic (with no boarding), 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. The restaurant with drive-thru (coffee/cafe shop), as shown on the
Concept Plan located east of the Middleton Mill Ditch, which is prohibited within said
section of Eagle City Code and on the entire Property as noted above, shall be permitted
with this development agreement. provided that the paroel upon 'Nhich the restaurant is
proposed is inell:lded as a part of the subdivision proposed on parcel "A".
3.6 The restaurant with drive-thru (coffee/cafe shop) shall be constructed with a building square
footage commensurate to the parking ratio as outlined in Eagle City Code to adequately
accommodate off-street parking.
3.7 The restaurant with drive-thru ( coffee/cafe shop) shall be designed in a manner that
compliments and operates within the development as a whole. A minimum forty-eight inch
(48") grade separated berm shall be constructed adjacent to the drive-thru lanes to reduce the
impact of the vehicles utilizing the drive-thru lanes (Le. vehicle headlights and vehicle
cueing). Design styles exceeding the standard utilitarian look of a building with a drive-thru
shall be required.
3.8 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.
3.8.1 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.
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3.9 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.).
3.10 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 Cl:It sheet showing the proposed
siJ( foot (6') high solid decorative block wall, cultured stone, decorative rock, or similarly
designed concrete wall f.cncing ',vithin the twenty foot (20') '.vide buffer area landscaping
adjacent to the western 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.
3.11 The applicant shall submit a Design Review Sign Application for all signage within Old
Valley Plaza Subdivision to be reviewed and approved by the Design Review Board prior to
the issuance of a zoning certificate.
3.12 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 (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.
3.13 Applicant shall provide pedestrian and bicycle public access in the form of a seven foot (7')
wide sidewalk and five foot (5') wide bike lane to be constructed adjacent to Old Valley
Road.
3.14 Building placement shall be designed such that parking areas are not concentrated between
the buildings and State Highway 44.
3.15 Provide a license agreement from ACHD approving the landscaping located within the
public right-of-way abutting the southern boundary of the Property (Old Valley Road) prior
to the City Clerk signing the final plat.
3.16 Provide a cross access agreement between all lots included within this development and
providing access to the adjacent property to the west. The cross access agreements shall be
executed, recorded, and referenced as a plat note at the time of final plat recordation.
3.17 The applicant shall provide a written agreement with the adjacent property owner to the west
(Marion and Mary Moore) approving the proposed buffering adjacent to the common
property line located on the western boundary of the site.
3.18 As individual buildings are reviewed 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 (ACe) 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.
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3.19 The applicant shall provide a copy of a recorded agreement between the owners of the
subject development and the Middleton Mill Ditch Company, and shall comply with the
requirements of the Middleton Mill Ditch Company, prior to the City Clerk signing the final
plat.
3.20 The setbacks shall be as follows:
Front 7.5 feet
Side 7.5 feet
Side 12 feet
(adjacent to western subdivision boundary)
Rear 7.5 feet
Rear 20 feet
(adjacent to State Highway 44)
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 2 to 1 (Shoushtarian against, Semanko recused) to approve PP-O 1-08 for a
preliminary plat for Old Valley Plaza Subdivision with the following Planning and Zoning
Commission recommended site specific and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all conditions within the development agreement for rezone application RZ-04-08.
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. The applicant shall comply with ACHD requirements regarding street classification, access to, and
construction of Old Valley Road.
5. Provide a joint-parking agreement and a plat note on the final plat that all property owners within
the subdivision and Parcel "B" shall share the parking on Lot 5, Block 1, prior to the City Clerk
signing the final plat. The plat note shall state that shared parking areas are to be owned and
maintained by the Owners Association(s) for the development. The applicant shall provide a copy
of the CC&R's (which include a similar statement regarding the shared parking areas) for review
and approval by the City attorney prior to the approval of the final plat. The CC&R's shall
provide that the association shall have the duty to maintain and operate all of the shared parking
areas in a competent manner, including striping, drainage, sealing and overlays etc, in perpetuity.
6. 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.
7. The applicant shall place a note on the final plat that all common areas are to be owned and
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maintained by the Owners Association(s) for the development. The applicant shall provide a copy
of the CC&R's (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&R's 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.
8. 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.
9. 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.
I O. Add a note to the final plat, which states that, "Minimum building setback lines shall be in
accordance with the setbacks as set forth in the conditions of the development agreement for RZ-
04-08.
11. The applicant shall provide a copy of a recorded agreement between the owners of the subject
development and the Middleton Mill Ditch Company, and shall comply with the requirements of
the Middleton Mill Ditch Company, prior to the City Clerk signing the final plat.
12. Any overhead utilities serving the site shall be located underground.
13. The existing dwelling and accessory buildings 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
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.
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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 overriding 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
(I) 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.
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
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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 (Le.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified iri 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
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.
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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.
27. 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.
28. 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
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 "Dig line" 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
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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, February 19, 2008, at the Eagle Sewer District office
in compliance with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on February 21,2008.
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 March 31, 2008. 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 March 28, 2008. The site was posted in accordance
with the Eagle City Code on April 11, 2008. Requests for agencies' reviews were transmitted on
March 3, 2008, in accordance with the requirements of the Eagle City Code.
Due to the application having been continued, a second Notice of Public Hearing on the application for
the Eagle Planning and Zoning Commission was published on June 23, 2008, and a second notice of
this public hearing was mailed to the property owners within three-hundred feet (300-feet) of the
subject property on June 20, 2008. The site posting was also changed on June 20, 2008, to reflect the
amended public hearing date.
Notice of Public Hearing on the application for the City Council was published in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 4,2008. Notice
of this public hearing was mailed to property owners within three hundred feet (300-feet) ofthe subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code
on August I, 2008. The site was posted in accordance with the Eagle City Code on August 15, 2008.
3. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-OI-08/RZ-04-08) 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 upon
annexation 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 a development agreement) is
consistent with the designation as shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided, to serve all uses allowed on this property under the proposed zone;
c. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with
the RUT (Residential Urban Residential - Ada County Designation) land use to the north
since the Comprehensive Plan Land Use Map designates that area as Mixed Use and may be
developed in a similar manner as this development, and;
d. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with
the MU-DA (Mixed Use with a development agreement) zone and land use to the south since
that area is proposed to be developed with a residential use and the Comprehensive Plan calls
for a mixture of residential and Professional Office with Limited Service Commercial in this
area;
e. The proposed MU-DA (Mixed Use with a development agreement) is compatible with the Rl
(Residential - Ada County designation) zone and land use to the west since that area may be
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developed in a similar manner as this development, and;
f. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with
the MU-DA (Mixed Use with a development agreement) zone and land use to the east since
that area (Camille Beckman) has been developed in a manner similar to that which is proposed
herein;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. As stated in the Development Agreement, the applicant will remove all existing structures on
the site. Therefore, no non-conforming uses are expected to be created with this rezone.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-04-
08) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
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 commercial use is 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, water 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 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.
DA TED this 9th day of September, 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
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