Resolution - 2008 - 30 - Extend The Boundary Of The Transitional Development Ara - 10/21/2008
RESOLUTION NO. 08-30
A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, TO EXTEND THE
BOUNDARY OF THE TRANSITIONAL DEVELOPMENT AREA (TDA) AS DESCRIBED IN
EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 2 "ZONING DISTRICTS AND MAP",
ARTICLE A "DESIGN REVIEW OVERLAY DISTRICT", SECTION 5 "DESIGN REVIEW
OVERLA Y DISTRICTS", ITEM D "AREA BOUNDARIES" AND AS DELINEATED ON THE MAP
IDENTIFIED IN EAGLE CITY CODE AS EXHIBIT A-I; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Whereas, on August 30, 2004, the Eagle City Council approved CP A-2-04 for a Comprehensive
Plan amendment to change the land use designation on the Comprehensive Plan Land Use Map from
Residential Four to Central Business District on the west side of Eagle Road for properties located
between Idaho Street and the Eagle Elementary School property; and
Whereas, on June 28, 2005, the Eagle City Council approved CPA-I-05 and RZ-I-05 for a
comprehensive plan amendment to change the land use designation on the Comprehensive Plan Land
Use Map from Residential Four to Central Business District, and a rezone from R-4 (Residential up-to
four dwelling units per acre) to CBD-DA (Central Business District with Development Agreement) on
the south east comer of Mission Drive and Eagle Road; and
Whereas, on September 9, 2008, the Eagle City Council approved CPA-3-08 and RZ -7-08 for a
comprehensive plan amendment to change the land use designation on the Comprehensive Plan Land
Use Map from Residential Four to Central Business District for properties located on either side of 1st
Street and properties on the east side of Eagle Road located north of Idaho Street and south of Mission
Drive, and a rezone from R-4 (Residential up-to four dwelling units per acre) to CBD (Central Business
District) for four properties on I st Street north ofIdaho Street; and
Whereas, the City of Eagle, through its Comprehensive Plan has identified the Central Business
District as a unique and important center for commerce in the City; and
Whereas, the City of Eagle seeks to foster and stimulate continued growth and development
within the Central Business District and to further establish and solidify it as the economic, cultural, and
civic center of the community; and
Whereas, the City of Eagle has prioritized the establishment of minimum design standards within
the Central Business District in order to create a unique, pedestrian friendly and inviting downtown; and
Whereas, the City of Eagle through planning and public participation processes has determined
that the application of certain Central Business District regulations may have significant impact on the
development and implementation of the vision plans for certain properties within the downtown; and
Whereas, Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Article A
"Design Review Overlay District", Section 2: "Purpose and Goals", Subsection A "Purpose" states:
Paragraph I: The purpose of this article is to recognize the interdependence ofland values and aesthetics
and to provide a method by which the city may implement this interdependence to the benefit of the
community;
Paragraph 2: The purpose ofthis article is to encourage the development of private property in harmony
with the desired character of the city and in conformance with the guidelines herein provided with due
regard to the public and private interests involved; and
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Paragraph 3: Provide planning and design guidelines to give specific direction for downtown
development, while allowing for flexibility that promotes creative, market driven development proposals;
and
Whereas, the properties identified within Exhibit A, attached hereto, are currently not located
within a specific Design Review Overlay District. To ensure that development upon the identified
properties is harmonious with the objectives of the comprehensive plan, the expansion of the Transitional
Development Area (TDA) is hereby extended to include those properties identified in Exhibit A; and
Whereas, Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Article A
"Design Review Overlay District", Section 5 "Design Review Overlay Districts; Eagle Architecture And
Site Design Book (EASD)", Subsection C "Areas Of Development", Paragraph 2 Transitional
Development Area-TDA states, "The purpose of the TDA is to provide areas for public parking and
service to the DDA and serve as an area for future expansion of the DDA as market demands grow."; and
Whereas, in order to foster and maintain a sustainable and pedestrian friendly environment, Eagle
City Code Chapter 2A "Design Review Overlay District" encourages development with shared parking
and requires shared driveways within the Transitional Development Area (TDA) to avert potential
pedestrian and vehicle conflicts due to multiple access points and large parking areas;
THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE, IDAHO, as follows:
Section I: The provisions herein apply to any Design Review application within the area
identified on Exhibit A and described on Exhibit B, attached hereto, and for any Design Review
application which was submitted prior to approval of this Resolution but which has not yet been acted on
by the City Council.
Section 2: In addition to the standards as provided in Eagle City Code 8-2A-6D, the City shall
require cross access agreements as deemed appropriate between properties shown in Exhibit A as they are
developed in order to facilitate shared drive access points and shared parking.
Section 3: The provisions of this resolution are hereby declared to be severable and if any
provision of this act or the application of such provision to any person or circumstance is declared invalid
for any reason, such declaration shall not affect the validity of remaining portions ofthis resolution.
Section 4: The duration declared for this resolution shall exist until an ordinance is passed by the
City Council that adopts the provisions specified herein.
Section 5: This resolution shall take effect and be in force from and after its passage, approval,
and publication as required by law. In lieu of publication of the entire resolution, a summary thereof in
compliance with Section 50-90IA, Idaho Code, may be published.
d and adopted this c2/2tday of 0(./+0 h.,v-, 2008.
ATTEST:
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STATE OF IDAHO )
: ss.
County of Ada )
On this _ day of , 2008, before me, the undersigned, a Notary Public in and for said
State, personally appeared PHIL BANDY and SHARON BERGMAN, known to me to be the MAYOR
and CITY CLERK of said municipal corporation that executed this instrument and the persons who
executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation
executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first
written.
Tracy Osborn, Notary Public
Residing:
My Commission Expires:
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CARPENTERS THIRD ADDITiON
BOOK 4, PAGE 156
] EXHIBIT "A" I
ALL OF lOTS 1-5, BLOCK 1 AND LOTS 1-4, BLOCK 2 OF
MISSION SUBDIVlSION, AND A PORTION OF AND SITUATED IN
NORTHWEST 1/4, OF THE SOUTHWEST 1/4, OF SECTION g,
TOWNSHIP 4 NORTH, RANGE 1 EAST, 8.M.,
CITY OF EAGLE, ADA COUNTY, IDAHO
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COMPREHENSTVE PLAN
AI\.1ENDWiENT
BOUNDARY
T~
SLJ'"RVEYING
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'CITY OF E;:',GLE
A?R Q , 2008
LEGAL DESCRIPTION
FOR
AN AMENDMENT TO THE
COMPREHENSIVE PLAN OF THE CITY OF EAGLE, IDAHO
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A parcel of land for the purpose of an Amendment to the Comprehensive Plan of the
City of Eagle, Idaho being Lots I through 5 Block 1 and Lots 1 through 4 Block 2 of
Mission Subdivision as recorded in Plat Book 22 at Pages 1428 and 1429 official
records of Ada County, Idaho and a portion of and situated in the Northwest 1/4 of the
Southwest 1/4 of Section 9, Township 4 North, Range 1 East, Boise Meridian, City of
Eagle, Ada County, Idaho and further described as follows:
Commencing at a brass cap monument marking the West 1/4 comer of said Section 9,
from which an Aluminum cap marking the Southwest comer of said Section 9 bears
South 00038'34" West a distance of2636.51 feet, thence along the West line of said
Section 9 South 00038'34" West a distance 465.58 feet to the POINT OF
BEGINNING;
Thence leaving said West line South 89021 '2611 East a distance of 179.95 feet to a point
marking the Northeast comer of said Lot 5 Block 1;
Thence along the East line of said Lot 5, South 00038'34" West a distance of88.56 feet
a point marking the Northwest comer of said Lot 4 Block 1;
Thence leaving said East line and along the North line of said Lot 4 South 89021'26"
East a distance of 149.96 feet to a point marking the Northeast comer of said Lot 4;
Thence leaving said NOlih line and across the right-of-way of North I ST Street South
85017'27" East a distance of 55.14 feet to a point marking the Northwest comer of said
Lot 4 Block 2;
Thence along the North line of said Lot 4, South 89021'26" East a distance of 131.25
feet to a point marking the Northeast comer of said Lot 4 and the West line of Eagle
Village No.2 Subdivision as recorded in Plat Book 44 at Pages 3613 and 3614 official
records of said Ada County;
Thence along the line common to said Eagle Village No.2 Subdivision and said
Mission Subdivision South 03032'12" West a distance of 16.55 feet to a point marking
an angle point is said common line;
Thence continuing along said common line South 02018'19" East a distance of 340.05
feet to a point marking the Southeast comer of said Mission Subdivision and the
Southwest comer of said Eagle Village No.2 Subdivision and the North line of
Carpenters Third Addition as recorded in Plat Book 4 at Page 156, official records of
said Ada County;
Thence leaving said common line and along the line common to said Mission
Subdivision and Carpenters Third Addition North 89021 t26" West a distance of 3 52.87
feet to a point marking the Southwest comer of said Lot 1 Block 1;
Thence leaving said common line and along the West line of said Lots 1 and 2 BLock 1,
North 00038'34" East a distance of 140.00 feet to a point;
Thence leaving said West line North 89021'2611 West a distance of 179.95 feet to a point
on said West line of Section 9;
EXHIBIT "B"
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Thence along said West line North Ooo38'34,t East a distance of308.60 feet to the
POINT OF BEGINNING.
Said parcel contains 178,647 square feet or 4.1 0 acres more or less and is subject to all
existing easements and or rights-of-way of record or implied.
END OF DESCRIPTION
Kevin Sorensen, P.L.S.III20
Timberline Surveying
847 Park Centre Way Suite 3,
Nampa, Idaho 83651
(208) 465-5687
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