Findings - CC - 2008 - CPA-5-08/A-03/08/RZ-8-08 - Cpmap Change/Txt Amend/From Mu/Po To Commercial/Annex/Rz W/Da/Eagle Market
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
COMPREHENSIVE PLAN AMENDMENT FROM
MIXED USE AND PROFESSIONAL OFFICE TO
COMMERCIAL AND AN ANNEXATION AND
REZONE FROM RUT (RURAL-URBAN TRANSITION)
TO C-3-DA (HIGHWAY BUSINESS DISTRICT
WITH DEVELOPMENT AGREEMENT)
FOR EISENBERG COMPANY
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CP A-5-08 & A-03-08 & RZ-8-08
The above-entitled comprehensive plan amendment, annexation and rezone applications came before the
Eagle City Council for their decision on September 22, 2008, at which time public testimony was taken
and the public hearing was closed; the Council then continued the item to October 21, 2008. The item was
continued again to the November 12,2008, meeting where the public hearing would be reopened and re-
noticed due to new information being presented. Upon staff recommendation the Council continued the
item to the December 9, 2008, meeting. On December 9, 2008, the Council re-opened the public hearing
to hear testimony concerning only the newly introduced items. The public hearing was closed and the item
was then continued to the December 16, 2008, meeting. The City Council made its decision at that time.
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:
Eisenberg Company, represented by Van Elg with The Land Group, Inc., is requesting a
Comprehensive Plan Map and Text amendment to change the land use designation on the
Comprehensive Plan Land Use Map from Mixed Use and Professional Office to
Commercial, and to amend the language in the Rim View Planning Area. The applicant is
also requesting an annexation (once contiguous) and a rezone with development
agreement from RUT (Rural Urban Transition) to C-3-DA (Highway Business District
with a Development Agreement) for the Eagle Island Marketplace and Fred Meyer
development. The 38.3-acre site is located on the northeast corner of Linder Road and
Chinden Boulevard (US 20/26).
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, March 18, 2008, at Friendship
Celebration Lutheran Church, 765 E. Chinden Blvd, Meridian, ID 83642 in compliance
with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on April 1, 2008.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission for this application was published in the Valley Times in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on May 12,
2008. Notice of this public hearing was mailed to property owners within one-thousand
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feet (1,OOO-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on May 7, 2008. The site was posted on
May 29, 2008. Requests for agencies' reviews were transmitted on May 7, 2008, in
accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council for this application
was published in the Valley Times in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and the Eagle City Code on September 22,2008 and October 27,
2008. Notice of this public hearing was mailed to property owners within one-thousand
feet (1 ,OOO-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on September 19, 2008 and October 23,
2008. The site was posted on October 3 I, 2008.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 14, 2004, the City of Eagle adopted the Soaring 2025 Western Area plan
which expanded the City's planning boundaries generally west to the centerline of State
Highway 16 and south to Chinden Boulevard (US 20/26).
CPA-4-06: Lazy P Limited Partnership, represented by Shawn Nickel with SLN
Planning, requested a comprehensive plan amendment to change the land use designation
on the Comprehensive Plan Land Use Map from Professional Office and Transitional
Residential to Commercial. The 40-acre site is located on the northeast corner of Chinden
Boulevard (Hwy 20/26) and Linder Road at 1240 W. Chinden Boulevard. In October
2006, the Eagle City Council approved a comprehensive plan land use map amendment to
Commercial for an area approximately 5-acres in size located directly on the corner of
Liner Road and Chinden Blvd.
CPA-l 1-06: City of Eagle: The Western Area Plan designated the area north ofthe Phyllis
Canal and west of Spur Wing Country Club as the "Chinden Bench Planning Area." In
2005, the entire area was annexed into the City of Meridian to be developed as the Tree
Farm Subdivision. Since that time Meridian and Eagle City Council members met and
tentatively determined that it was appropriate to allow Meridian to annex properties within
this area and have the City of Eagle remove it from their planning area (pending execution
of a formal MOA memorializing the agreement). The City approved a comprehensive
plan amendment consistent with this action; however, a resolution to finalize this action
has not been adopted to date. A memorandum of agreement (MOA) between the City of
Meridian and the City of Eagle, which outlines the conditions regarding the allowance of
Meridian to annex into the Eagle's planning area, must be executed before the adoption of
a resolution by the City of Eagle.
Since 2004, the City of Meridian has taken the following actions:
In March 2005, Meridian City Council approved AZ 05-004 - a request for annexation
and rezone of 358.57 acres from RUT to R-2 (66.02 acres), R-8 (167.02 acres), R-15
(79.82 acres), C-N (17.26 acres) and C-C (28.45 acres) for The Tree Farm Subdivision by
Treehaven, LLC, located on north side of Chinden Boulevard and on both sides of Black
Cat Road (west ofSpurwing Subdivision).
In Fall 2006, the Eagle City Council and Meridian City Council met to discuss the
Chinden Bench area south of the Phyllis Canal. At that time, Meridian expressed a desire
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and intent to provide urban services to the area south of the Phyllis Canal. Meridian
indicated they did not plan to service the area north of the canal (area known by City of
Eagle as the River Plain planning area as described in the Eagle Comprehensive Plan).
In February 2007, Meridian City Council approved AZ 06-043 - a request for annexation
and rezone of 20.51 acres from R-R to R-8 zone and preliminary plat (PP 06-045)
approval of 73-residential building lots (consisting of 46 attached single-family units and
27 detached single-family units and 6 common/other lots) on 20.5 I-acres in a proposed R-
8 zone for Spurwing Patio Homes Subdivision by Spurwing Limited Partnership located
on the northeast corner of North Ten Mile Road and West Chinden Boulevard (west of
North Spurwing Way).
In October 2007, Meridian City Council approved CPA 07-010 - a request to amend the
Comprehensive Plan Land Use Map to include 645-acres north of the Phyllis Canal and
south of the Boise River, extending from Linder Road to approximately Vi-mile west of
Black Cat into Meridian's North Meridian Planning Area.
In total, Meridian has annexed and/or provided comprehensive plan land use designations
for nearly 1,100 acres of the City of Eagle's approved Area of City Impact and
comprehensive planning area.
E. COMP ANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use RUT (Rural- Urban Transition Pasture
Professional Office - Ada County designation)
Commercial
Proposed Commercial RUT (Rural - Urban Transition Proposed Fred Meyers &
- Ada County designation) commercial development
North of site Transitional Residential RUT (Rural- Urban Transition Residential/Pasture
- Ada County designation)
South of site Meridian AOI RUT (Rural - Urban Transition ResidentiaI/Pasture
- Ada County designation)
East of site Public/Semi Public RUT (Rural- Urban Transition Foxtail Golf Course
- Ada County designation)
West of site Rural/ Ag Lifestyle R-4 (Meridian designation) RUT Residential Development
(Rural Urban Transition - Ada (.25 acre to 4.33 acre
County designation) lots)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: +/- 38.34 acres
Total Acreage of Any Out-Parcels - none
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APPLICANT'S REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
The applicant's justification letter date stamped by the City on April 1, 2008, IS
incorporated herein by reference.
L. GENERAL SITE DESIGN FEATURES:
On-site Septic System (yes or no) - No. The provision of central sewer is required as a condition
of approval.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved. A site specific survey would occur at the time a Design Review application
is made.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
M. STREET DESIGN:
The applicant proposes to establish public access to the development from Linder road
(minor arterial) and from Chinden Blvd (Hwy 20/26) (principal arterial). Currently one
internal driveway, linked by the three access points, provides circulation within the site.
The applicant is not proposing any public street dedication with this development and no
future street access to adjacent properties is proposed (i.e. stub streets).
Sidewalks:
Sidewalks for internal circulation will be reviewed at the time of Design Review.
Street Names:
No new public streets are proposed.
N. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Internal pedestrian circulation will be reviewed at the time of Design Review.
O. PUBLIC USES PROPOSED: None
P. SPECIAL ON-SITE FEATURES:
N/A
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required. A habitat Analysis was completed by Environmental Consulting Services.
The documentation date stamped by the City on April 1, 2008, is included herein by
reference.
R. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is within the Eagle Sewer District's planning area and the United Water
certificated water service area.
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S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
T. NON-CONFORMING USES: None
U. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments which appear to be of special concern are noted below:
City Engineer: All comments within the Engineer's letter dated June 16, 2008, are of special
concern and are incorporated herein by reference.
ACHD
Chevron Pipeline
Idaho Transportation Department
V. LETTERS FROM THE PUBLIC:
The following letters have been received and are incorporated herein by reference:
Harold & Mary Kay Bunderson
Ryan Moore
Scott Trosper (and signees)
Larry Swider
James A. Goff and Gail D. Goff
Eagle Chamber of Commerce
Roghani Family
Richard and Joyce Cooke
Michelle Dorrough
Jake Centers
Julie Granger
Guy and Margaret Stricklin
David Collett
Tobe Julie Thompson
Daniel A. Thompson with Thompson Engineers
E. Don Copple
Adam Dlulac
Jeff and Darcie Bennett
Jerry and Louise Devereaux
Charles H. Wilson
Foad Roghani
Ryan Moore
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The subject property is currently zoned RUT (Ada County designation). The Comprehensive Plan
Land Use Map (adopted 02-13-07) designates this site as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within the Central Business District (CBD).
Development within this land use designation should be required to proceed through the PUD
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and/or Development Agreement process, see specific planning area text for a complete description.
An allowable density of up to 10 units per 1 acre
Professional Office
Suitable for professional office uses. Retail may be permitted as an ancillary use within the office
project. Smaller medical uses such as dentist offices and other outpatient clinics are encouraged.
Commercial
Suitable primarily for the development of a wide range of commercial activities including offices,
retail and service establishments. Uses should complement uses within the Central Business
District (CBD).
Chapter 1 - Overview
1.1 City of Eagle Statement of Purpose
The purpose of the Eagle Comprehensive Plan is to develop a set of guidelines
that the City will use to promote the health, safety, and general welfare of the
residents who live in the City of Eagle and its Area of City Impact (AOI). To
achieve that purpose, the City of Eagle will strive:
a. To protect property rights and enhance property values.
c. To ensure that the economy of the City of Eagle and its AOI is protected and
enhanced.
e. To avoid undue concentration of population and overcrowding ofland.
Table 1.1 Distribution of Uses
Land Use % of total
Commercial 4%
Mixed Use 7%
Mixed Use Village 5%
Business/T ech 3%
Industrial 1%
Residential 75%
Parks/open space 5%
1.2.1 Idaho Code:
Understanding the constraints of the existing AOI, the City of Eagle began to look
at the requirements for establishing an expanded area of city impact. Under Idaho
Code 967- 6526(b), the following three factors are paramount in establishing an
area of city impact:
a. Trade Area: Trade area is the area that is needed to provide a city with an
economic base that supports the city. This economic base comprises not only
the city limits and the AOI but also includes the areas that surround a city and
bring people into the city for services. Historically, the City of Eagle has been
directly associated with a large trade area including properties extending north
into Gem County and west into eastern Canyon County. Further, ACHD
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traffic counts and the existing transportation network support the claim of this
area being within the City of Eagle's economic trade area.
b. Geographic Boundaries: The Idaho Transportation Department (IT D) has
released plans to improve State Highway 16 from a two (2) lane roadway to at
least a nine (9) lane system (including right-of-way) in excess of one quarter
(1/4) mile wide. This creates an enormous and significant landmark or
geographic boundary separating the properties east of State Highway 16 from
those on the western side. This new transportation corridor will be a
significant east-west barrier between Eagle and Star that will create an
impediment for pedestrians, bicyclists, youth and the elderly or anyone unable
to use motorized transportation. In addition, it is unlikely that property
owners east of the new highway corridor will feel identified with a city center
that is entirely cut off to the west. (See Map 1.1) Historically in Ada County,
state highways have been used as area of impact boundaries. For example,
State Highway 44 forms portions of the respective common boundaries
between Boise and Garden City. State Highway 55 forms portions of the
respective common boundaries between Meridian and Boise as well as Boise
and Eagle. State Highway 20/26 forms a boundary between Meridian and
Eagle.
c. Annexation in the Future: At the time of this planning effort, the City of
Eagle had received numerous requests for annexation from properties
reaching to the State Highway 16 corridor and north into the Eagle Foothills.
If these applications are approved, Eagle's city limits would be bordered to
the West by State Highway 16, to the South by State Highway 20/26 and to
the North into Boise and Gem County substantiating the City's ability to
annex throughout this area.
1.3 The City of Eagle Vision Statement
We envision that in the future Eagle will be:
a. known as a highly livable town that successfully balances growth with many
of the rural elements of its heritage;
b. interconnected with user-friendly pathways and roadways;
c. economically strong with a distinct downtown economic center;
d. providing diversified employment and housing opportunities for all economic
groups;
f. an economically strong city, that fosters local businesses and clean industry;
h. a unique community that maintains its rural residential feel in the midst of the
Treasure Valley.
Similarly as in 1999, the 2004 Soaring 2025 plan, and the Foothills Plan: the City
of Eagle outlined an extensive public visioning process to guide the plan. The
visioning sessions discussed potential growth areas and goals to guide the long
term development of the City. From these visioning sessions, the following four
broad goals were identified for the western AOI and the foothills:
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a. Sustainability at build out: Ensure the ability for the city to continue to fund,
improve and support itself, including infrastructure and parks, without the
use of building permit fees, impact fees and zoning fees.
b. Identify "Activity Centers": Identify areas that, due to the nature of existing
uses, future uses and/or transportation corridors, will lend themselves to
increased activity and non-residential use to preserve larger areas as
primarily residential neighborhoods and sensitive areas as open space.
c. Preserving Regional Transportation Corridors (State Highway 16 & 44):
Preserve the function of regionally significant roadways through the City
while ensuring compatibility with land uses and design standards ofthe City.
d. Increased Employment Opportunities: Identify areas that will provide
significant employment opportunities to the residents of the City of Eagle
thereby allowing the City to be a desirable place to live, work, and recreate.
1.6 Relationship to Ada County Planning
The goals and policies of this plan are intended to be applied within the Eagle
City limits and the negotiated Eagle Area of City Impact. The City acknowledges
that the county may not have all the tools and codes necessary to implement this
plan and will, upon transmittal and review, recommend to the county which
county codes and appropriate conditions should be implemented to best
implement and meet the intent of the Eagle Comprehensive Plan. It is the desire
of the City of Eagle to have all urban development that occurs in the Area of City
Impact to be under the jurisdictional authority of the City and connected to
municipal services.
Chapter 2 - Property Rights
2.2 Goal
All land use decisions made by the City of Eagle pursuant to this Comprehensive
Plan shall protect fundamental private property rights.
2.3 Objectives
a. Property rights of landowners shall be protected from arbitrary and
discriminatory actions.
2.4 Implementation Strategies
a. Land use development regulations should be designed to protect the health,
safety and welfare of the community, and to avoid any unnecessary
conditions, delays and costs.
b. The protection and preservation of private property rights should be a strong
consideration in the development of land use policies and implementation
standards and regulations and as required by law.
c. The Comprehensive Plan and implementing ordinances should strive for
stable and consistent policies regarding development densities and
requirements.
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d. All changes in the comprehensive plan and land use entitlement should be
reviewed in compliance with this plan and the visioning plan for the western
area. (Map 2.1)
Chapter 4 - Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special
districts provide the basic services of water, sewer, school, police, fire and library
to residents. With Eagle's growing population comes the need for increased
public services and the necessity to improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded
play an important role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside
providers, it must be involved in any plans that will affect the community.
Service providers currently include:
b. The Eagle Sewer District which provides sewer service within a designated
sewer service area. Larger lot homes have wells and septic systems and must
comply with Central District Health Department requirements.
e. County Sheriffs Office which provides police services on a contract basis.
f. The Eagle Fire District which provides fire and emergency services.
4.3 Police Protection
4.3.2 Police Goals
Demographic and economic conditions will have tremendous influence on the
demand for police services. The primary goal of the City should be to maintain
and support law enforcement services to accommodate the increasing demands
imposed by a growing population, additional recreational facilities, increased
traffic volumes, expanded City limits, and new businesses.
4.3.4 Implementation Strategies
1. Locate and construct satellite police office as a function of the development
process to ensure efficient and prompt response times.
4.7 Sewer
4.7.1 Sewer Existing and Future Conditions (reads in part)
The Eagle Sewer District (ESD) was established in 1963 as a public entity
separate from the City of Eagle. The ESD service area generally corresponds to
the area within the Eagle City limits. Extensions of the ESD service area are
accomplished by actions of the ESD Board of Directors, and for the most part
match annexations to the City. However, the extensions do not have to match
annexations to the City either in location or in time.
It is the City of Eagle's policy to accommodate orderly and appropriate
development at a pace that does not unreasonably impede or burden the
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development process. Timely extension of sewer service is an essential feature of
orderly development. Hence, in the future the City of Eagle will take an active
interest in sewerage and wastewater issues.
4.7.2 Sewer Goals
a. Ensure that Eagle Sewer District extends its wastewater collection system and
expands and upgrades its wastewater treatment and disposal facilities to keep
pace with new developments in the Area of City Impact & the Eagle Foothills.
b. Ensure that the ESD expands its sewerage and disposal facilities at a rate that
will stay ahead of and thus not impede orderly development as envisioned in
other sections of this Comprehensive Plan.
Chapter 5
5.3
Economic Development
Economic Development Goals
Ensure the ability for the City to continue to fund, improve and support itself,
including infrastructure, without the use of building permit fees, impact fees and
zoning fees.
Identify areas that will provide significant employment opportunities to the
residents of the City of Eagle thereby allowing the City to be a desirable place to
live, work, and recreate.
Identify areas that, due to the nature of existing uses, future uses and/or
transportation corridors, will lend themselves to increased business activity and
nonresidential use so as to preserve larger areas as primarily residential
neighborhoods.
Increase available jobs within the City of Eagle to levels comparable with
adjacent communities.
5.4 Economic Development Objectives
a. To preserve the economic integrity ofthe Central Business District (CBD) and
to encourage business and industry that have minimal environmental impact
to move their operations into Eagle.
b. Provide additional economic sustainability to the City of Eagle by encouraging
the location of stable employment based industries that bring a balance of
residential, recreational and economic values to the City.
5.5 Economic Development Implementation Strategies
f. Seek new commercial development that will complement the Central
Business District and Eagle's rural residential identity to locate adjacent to but
outside the Central Business District.
g. Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
h. Promote additional employment opportunities and expand the economic base
by:
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1. Encouraging growth and expansion of existing businesses and industry,
and
2. Attracting additional business and industry so residents will be provided
with adequate commercial services and facilities.
1. Encourage the balancing of commercial uses throughout the City, the western
planning area, and the Foothills to avoid overloading key intersections and
individual planning areas.
J. Enforce the sizing and scaling of commercial and mixed use areas as
specified in the land use chapter.
\. Discourage isolated or strip commercial uses.
m. Promote and recruit additional employment opportunities that allow Eagle
residents to live and work within the City of Eagle.
n. Limit the development of excessively large single entity businesses that would
jeopardize the competitive business environment of the downtown and CBD
to areas within the regional commercial centers that are planned for the
northeast corner of U.S. Highway 44 (State Street) and the future extension of
State Highway 16, the northeast corner of State Highway 44 & State Highway
55, and Community Centers within the Foothills Planning Area.
o. Encourage the location of corporate and business uses to the Village Center
and the Moon Valley & State, and Foothills Planning Areas.
p. Encourage context sensitive design of business and employment centers to
complement Eagle's rural identity.
Chapter 6 - Land Use
Table 6.1
Mix of Uses (including Foothills)
. Commercial,
Mixed Use,
Business, &
Industrial
. Residential
30%
8%
o Parks/open
space
6.4 Land Use Goals
b. Ensure the ability for the city to continue to fund, improve and support itself
(including infrastructure) without the use of building permit fees, impact fees
and zoning fees.
c. Identify areas that, due to the nature of existing uses, anticipated uses, and/or
transportation corridors, will lend themselves to increased activity and non-
residential use while preserving larger areas as residential neighborhoods.
d. Preserve the function of regionally significant roadways transecting the City
while ensuring compatibility with land uses and design standards of the City.
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e. Identify areas that will provide significant employment opportunities to the
residents of the City of Eagle, thereby supporting the City as a desirable place
to live, work, and recreate.
6.5 Land Use Objectives.
d. To establish the land use map and associated policies as the official guide for
development in the City of Eagle
e. To implement the land use map and associated policies through the zoning
and development review process.
6.6 Land Use Implementation Strategies
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fire, recreational areas, highways and
transportation systems.
d. Discourage strip commercial type development.
e. Signage for non-residential uses should be incorporated as a master sign plan
rather than individual signs when located along State Highways and entry
corridors.
1. 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.
r. Consider annexing any parcels of land allowed to be annexed by Idaho Code
50-222.
u. Maintain a Vision Map that depicts opportunities for creating and enhancing
activity centers and linkages between planning areas and the existing City.
(See Map 2.1)
v. Maintain a Future Land Use Map that encourages higher densities around
activity centers and transit routes but also provides for large residential areas
that continue to promote the rural character of the City of Eagle. (See Map
6.1 & 6.2)
w. Use smaller planning areas to help guide development in the western planning
area. (See Map 6.3)
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 all commercial and subdivision development within the City to
Design Review.
aa. Discourage the creation of single use commercial and office districts.
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bb. Encourage the development of districts that serve a variety of uses.
cc. Discourage mid-block commercial development along arterial and collectors
unless it is specified in the plan.
6.8 Land Use Sub Areas
6.8.1 Chinden Planning Area
The Chinden Planning Area is designated as mixed use combining regional
commercial, retail, and transitional density residential uses. The vision for the
area is to capitalize on the unique topography and vistas located along the rim
while addressing the need to provide regional commercial opportunities along the
regional transportation corridors.
a. Uses:
The land use and development policies specific to the Chinden Planning Area
include the following:
1. A regional commercial area should be designated at the northeast comer
of Chin den and Black Cat, not to exceed 40 Acres. This commercial area
is intended to serve the communities of Eagle and Meridian and, in the
future, Emmett, Star, and north Nampa as the State Highway 16 extension
is completed.
2. Office and light retail should serve as a buffer between the commercial
use located at Chinden Boulevard and Black Cat and the residential uses
located along the rim.
Illustration 6.1
Building Oriented to Highway
b. Design:
This area is recognized as a gateway to the City of Eagle with appropriate
landscaping, entry features and place-making features integrated into the
design of the area.
c. Access
Limit access to State Highways 55, 44, 16 and 20/26 in accordance with
ITD's class four access restrictions.
Internal circulation roads should be constructed to serve the entire area
utilizing limited access points to the State Highway 16 extension and to
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20/26. Buildings should be set back from future rights-of-way to mitigate
nOise Issues.
Individual site access should be limited to right in/right out with 1Iz mile access
points east of the Black Cat and Chinden intersection.
d. Issues/Concerns
There are concerns about sizing and location of commercial uses at the
intersection of Chinden (20/26) and Highway 16 extension due to the location
of this property along the Highway 16 extension and Highway 20/26. It is
natural to have this property designated for a commercial use. The City will
desire a clear concept of this development to limit the impacts to the regional
roadway network and the possible expansion of the commercial use beyond
that which the city feels is appropriate.
One section ofthe property requesting to be designated as Mixed Use is
located west of Black Cat Road and, due to its size, location and the
alignment of the future Highway 16 extension, this parcel may request a
commercial designation This parcel is not in the Eagle AOI, although the
property owner may request that the parcel be included in the AOI in the
future.
The City of Eagle recognizes the need to provide mass transit on regional
roadway networks throughout the Treasure Valley. The expansion of
commercial use in the Chinden corridor continues to support the development
of a regional mass transit system.
6.8.8 Rim View Planning Area
The Rim View Planning Area contains a large amount of existing residential uses
that have been developed as one-acre and five-acre lots through the Ada County
development process. The future land uses in the area are predicated on Linder
Road being the only Eagle City river crossing between Eagle Road and Star Road,
and the need to buffer and preserve the existing residential developments.
a. Uses
The land use and development policies specific to the Rim View Planning
Area include the following:
1. Community Commercial located at the northeast intersection of
Chinden Boulevard and Linder Road is not to exceed 5-10 acres in
size. This commercial area is intended to serve the Eagle community
as a convenient stop on the way into town before crossing the river.
Access to the site would not be signalized and would be limited to
right in/right out turning movements from both Chinden Boulevard
and Linder Road.
2. To the north and east of the commercial area will be office uses that
provide an effective buffer to residential areas.
3. The residential density of new residential uses in the area is up to 1-2
units per acre which provides for transitional lot sizes to ensure
compatibility of new residential uses to existing residential use and
the commercial and office uses located at Linder Road and Chinden.
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4. Patio home styles and alternative lot sizes may be allowed in
conjunction with exiting open space and recreation areas located in
the Rim View Area. The patio homes and townhouse should be
located near the Spur Wing Golf Course.
b. Access
Access to the area should focus on new internal linkages.
Though ITD allows for access at Y2 mile intervals along Chinden
Boulevard, these access points should only be granted if the internal
roadway allows traffic to flow through the area. Connecting Meridian
Road to Linder Road provides the opportunity of internal linkage to the
Community Commercial area at the intersection of Linder Road and
Chinden Boulevard.
Internal circulation shall be used to move traffic within the area, limiting
the number of local vehicle trips entering State Highway 20/26 to access
commercial/services use along Linder Road.
Chinden Boulevard should be recognized as a gateway corridor to the
City of Eagle and proper berming, landscape and wide setbacks should be
adhered to.
Proper setbacks and berming should be used to protect the regional
transportation corridor, Chinden Boulevard, from increasing residential
uses.
c. Design
Design of this area should be compatible to the existing residential and
recreational uses currently present in the area.
Design of commercial and office uses should be compatible with the
existing residential uses and contain significant landscaped buffers and
design elements. Scale of the commercial development should be similar
to the Eagle Marketplace and provide for pedestrian linkages to the
residential areas adjacent to the site.
Both Chinden Boulevard and Linder Road should be developed with a
detached sidewalk and planting strip adjacent to the back of curb further
solidifying the gateway corridor of Chinden Boulevard.
d. Issues
One of the main concerns in the development of this area is the ability to
properly scale the commercial uses to prevent the use from overpowering
the office and residential uses. To ensure the integrity of the plan,
regional scale commercial use should be directed toward the Chinden
Road Planning Area.
Chapter 8 - Transportation
8.2 Street Classifications
A roadway system must include a number of streets, each of which are designated
to handle a particular type and amount of traffic. The Community Planning
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Association (COMPASS) Functional Street Classification Map illustrates the
various classifications of roadways that are included in the Ada County roadway
system. The Eagle section of the COMPASS Functional Street Classification Map
and Regional Transportation Plan should consider the City of Eagle
Transportation/Pathway Network Maps # 1 and #2.
. Principal arterials provide major circulation and movement through urban
areas and to connect with major activity centers and freeways outside the City
of Eagle. Principal arterials are regional roadways and provide travel routes
for longer trips. On-street parking is prohibited.
. Minor arterials are similar to principal arterials but serve to carry through
traffic by connecting with and augmenting the principal arterial system.
Minor arterials are typically section line roads. On-street parking is
prohibited.
. Collector streets intercept traffic from local streets and carry the traffic to the
nearest arterial street. Collector streets may extend for one or more miles and
serve to connect the developed areas within a section to the arterial roadway
network. Collectors may provide access to larger parcels or developments
with high trip generation. On-street parking is typically prohibited.
8.2.1 Principal Arterial
Mobility Function:
The primary function of a principal arterial is to provide major circulation and
movement through urban areas and to connect with major activity centers and
freeways. A principal arterial may serve motorized and non-motorized
transportation needs and may include up to seven vehicular traffic lanes. On-
street parking is prohibited.
Access Function:
Access from other roadways is controlled and subordinate to traffic on the
principal arterial street. Direct lot access is prohibited or severely restricted.
Combined access points are encouraged. The City's Access Management Plan
should be the final determination of any site access plan.
Right-of- Way:
As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway District.
8.2.2 Minor Arterial
Mobility Function:
The primary function of a minor arterial is to carry through traffic by connecting
with and augmenting the principal arterial system. A minor arterial may serve
motorized and non-motorized transportation needs, be designed with the
minimum street section needed to accommodate projected traffic volume, and in
conformance with the Long Range Transportation Plan of COMPASS. On-street
parking is prohibited.
Access Function:
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Access to other roadways is less restrictive than principal arterials. Direct lot
access is restricted prohibited or severely restricted. Combined access points are
encouraged. The City's Access Management Plan should be the final
determination of any site access plan.
Right-of- Way:
As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway District.
8.2.4 Collectors
Mobility Function:
The primary function of a collector street is to intercept traffic from local streets
and carry the traffic to the nearest arterial street. A secondary function is to
service abutting property. The collector street may serve motorized and non-
motorized transportation needs, and be designed with the minimum street section
to accommodate the projected vehicle volume and in conformance with the
current Long Range Transportation Plan of COMPASS. On-street parking is
typically prohibited.
Access Function:
To provide limited and controlled access to commercial and industrial areas and to
residential neighborhoods. Direct lot access is typically restricted. The City's
Access Management Plan should be the final determination of any site access
plan.
Right-of- Way
As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway District.
8.4 Roadway System Goals
Develop a transportation system to serve the planned land uses of the City of
Eagle and its Area of Impact. The transportation system should provide regional
connectivity to neighboring cities and regions.
Maintain the functional and connectivity of the street system for current users,
emergency response efforts, and for use by future generations.
Using sound land use and transportation relationships, develop alternate routes or
corridors for ACHD planners to evaluate that best emphasize the needs of
developing areas while lessening the potential for congestion. This is typically
implemented through the development review process.
Protect and buffer homes, businesses, sidewalks and pathways, parks and opens
spaces from the adverse impacts of roadways and traffic. Reasonable design
measures should include narrower street sections, medians, alleys, landscaping,
pathways and trails, and the design of bridges and other structures.
Develop an access management plan for the arterial, collector and local street
system. Communicate the access management plan to the ITD, the ACHD and
the local development community.
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Protect and support the existing and planned roadway system connecting the City
of Eagle to the area south of the Boise River. Protect the operational integrity of
the existing river crossings at Eagle Road and Linder Road. Support the current
regional plans to develop two new river crossings in the SH-55 and SH-16
alignments.
Protect community identity and values of important roads from unnecessary
expansion by adopting specific designs and cross sections for these roads (i.e.:
North Eagle Road).
Public Transit Goals
Encourage the development of a local and regional public transit system. The
public transit system is to provide basic mobility for some, alternative
transportation for others, and a non-drive alone mode for everyone.
Optimize the effectiveness of public transit through supporting land use decisions.
Promote land use changes and redevelopment plans in key areas that provide
densities and activities that promote the use and efficiency of a public transit
system.
Work regionally with COMPASS and Valleyride to plan for the potential of a
regional rail or bus rapid transit system. The SH-44, SH-16, SH-55 and US 20-26
corridors have the greatest potential.
Coordinate with the Land Use Elements of the Comprehensive Plan to establish
potential transit nodes in the future transit corridors.
8.6.1 Roadway Strategies
a) Work in conjunction with the Ada County Highway District (ACHD), Idaho
Transportation Department (lTD), and Community Planning Association
(COMPASS) to classify roadways on the City of Eagle
Transportation/Pathway Network Maps # 1, #2, #3 incorporated into this
Comprehensive Plan by reference. The Maps are to assure conformity to
designations as delineated on the Land Use Map. The maps shall be provided
to the Community Planning Association for input into the Community
Planning Association's Functional Street Classification Map and Regional
Transportation Plan.
c) The most recently adopted Regional Transportation Plan for Ada County of
record is adopted by reference as part of the City of Eagle Comprehensive
Plan.
e) Integrate all modes of travel to reduce travel and support air quality
improvement measures.
g) Encourage roadway design standards and roadway classifications that are
consistent with the Idaho Transportation Department (ITD), Ada County
Highway District (ACHD), Community Planning Association COMPASS,
and other agencies that may be responsible for roadway planning and design.
i) Evaluate the impact to the City of all roadway improvements and roadway
extensions.
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k) 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.
8.6.2 Specific Design Strategies
b) Design and/or align roads to preserve significant existing trees wherever
practical; safety shall not be compromised.
c) Support the access restriction policies ofthe 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.
d) Limit access to all arterial streets.
e) Discourage direct lot access to parcels abutting arterial and collector streets.
g) Develop methods, such as cross-access agreements, frontage and backage
roads, to reduce the number of existing access points onto arterial streets.
j) Encourage planning of local roadway systems that will provide for intra-
neighborhood connectivity. The connecting roadways should be designed to
not become collectors and to discourage traffic from cutting through
neighborhoods to go from a collector or arterial to another collector or arterial.
Such intra-neighborhood connectivity is for emergency and delivery vehicles
and for local intra-neighborhood access.
I) Work with Ada County Highway District, local developers and neighborhoods
in the operation of a local traffic-calming policy that balances the needs of the
roadway, the drivers, pedestrians, bicyclists, and the traveling public.
m) A collector street system shall be pursued within each square mile of
development adequate to serve the density of development. Special
requirements may be considered in the rural and Foothills development areas
or other places where topographic constraints or low traffic volumes limit the
need for the mid-mile collector road system. Suggestions shall be forwarded
to ACHD for long range planning purposes.
n) Develop grid systems at commercially zoned arterial intersections, where
feasible, in order to support increased traffic.
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.
r) financial obligations for the above referenced right-of-way acquisition and
the Highway Districts having jurisdiction should determine roadway
improvements.
8.6.3 Transit Strategies
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a) Encourage park and ride lots within the City and Impact Area as development
occurs or as part ofa major corridor plan. The SH-44, SH-16, SH-55 and US
20-26 corridors have the greatest potential. Impacts to existing or planned
neighborhoods should be considered.
b) Coordinate with ACHD and the regional transit authority to encourage the
development of transit system amenities (shelters, bus turnouts, etc.) with the
any major activity centers along major arterial corridors and in others areas as
the need develops.
c) Encourage the development of transit system amenities (shelters, bus turnouts,
etc.) within the Village Center, along major arterial corridors and in others
areas as the need develops.
e) Develop transit supportive corridors along SH-44, SH-16, SH-55 and US 20-
26.]
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.
8.6.5 Land Use and Parking Strategies
e) Establish and require minimum setbacks between developments and roadways
and to encourage installation of berms and landscaping for all developments
to enhance safety, provide noise attenuation and to enrich the roadway or
community appearance. Special considerations may be required for Foothills
developments.
g) When reviewing land use amendments, zone changes, master plans,
conditional uses and other significant entitlement requests, take into
consideration the impact of the project on street levels of service. The City's
preferred standards shall be those identified for new streets in ACHD's
Development Policy manual, or its successor. Service level impacts shall be
minimized through project modifications, traffic management plans, street
improvement plans or other means.
1) New developments shall be required to stub access to adjacent
underdeveloped parcels, where appropriate.
8.6.6 Multi-purpose Strategies
a) Ensure that transportation and regional transit improvements are constructed
or funded in coordination with land developments. This may be
accomplished with direct funding, extraordinary impact fees, local option
sales tax and other funding arrangements.
Chapter 12 - Community Design
12.1 Vision
Over the next 20 years, the City of Eagle is forecasted to experience high growth
rates that without proper management and planning will impact the quality of life
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and housing options available to its residents. Rather than ignore the growth
pressures that are currently shaping most Treasure Valley communities, the City
of Eagle is looking at options that will embrace housing alternatives and transit
density but will also preserve the rural nature of the City.
Community design is the organized fashion in which a community is developed in
order that a general mood or theme is established and maintained. Elements of
the Eagle community design include: (a) a rural transitional community with a
shopping district functioning as the hub of the community; (b) the Boise River
and its floodplain with wildlife, trees, and recreation opportunities; (c) the rolling
hills north ofthe river; and, (d) a network of canals and natural waterways which
crisscross the community.
12.2 Goals
Protecting the City's character: Strive to create an aesthetically pleasing
community and protect the unique natural beauty and small town character ofthe
City.
Maintaining a functioning City at build out: Ensure that the City can continue to
fund, improve and support itself, including its infrastructure and parks, at build-
out when building permit fees, impact fees and zoning fees are no longer
available.
Preserving Regional Transportation Corridors (State Highway 55, 20/26, 16 &
44): Preserve the function of regionally significant roadways through the City
while ensuring compatibility with land uses and design standards ofthe City.
Identifying "Activity Centers": Identify areas that, due to the nature of existing
uses, future uses and/or transportation corridors, will lend themselves to increased
activity and non-residential use and will therefore allow the City to preserve larger
areas as primarily residential neighborhoods.
12.3 Objectives
Enhance the appearance of the City's entry corridors. Design review procedures
should guide future development and redevelopment of existing uses. Depending
on land uses and buildings, more extensive landscaping and fewer points of access
may be required. The design review process will enable the City to address the
special features of each property and facility in a manner that will best address the
overall intent of enhancing Eagle's entryways. Eagle's entrance corridors may
take on the look of landscaped berms like those built adjacent to the Banbury and
Lexington Hills Subdivisions.
Create a clearly identifiable community.
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12.4 Implementation Strategies
a. Establish and maintain development patterns and design criteria in keeping
with the rural transitional identity of Eagle.
g. Include in the City Design Review Ordinance criteria for building design,
landscaping, signage and other aesthetic standards. Development along State
Street within the Impact Area and outside the City limits shall be encouraged
to comply with the Design Review Ordinance.
h. Reject any development that would establish or tend to establish another City
center outside ofthe Central Business District.
1. Discourage excessively large single entity businesses that would jeopardize
the competitive business environment.
J. Require new residential, commercial, and industrial development to meet
minimum design standards as specified by City Ordinances.
1. Develop buffer and transition zones between conflicting types of land use.
m. Develop ordinances that will establish the Urban Service Planning Area as the
prime urban development area of the City and Area of City Impact.
Development should be allowed in the area on the condition that sewer and
domestic water facilities would be provided to such development as described
by the Water Supply and Sewer Policies ofthe Public Services Facilities and
Utilities section of this Comprehensive Plan.
q. Encourage the development of pathways and open-space corridors throughout
the City.
r. Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
t. Encourage the planting and preservation of trees that will create beauty and
add to the healthy environment of downtown (see Eagle Tree Plan below).
u. Protect and enhance the small town character of the City by requiring signage
which is creative and distinctive, compatible with its surroundings, and an
integral component of the style and character of the building to which it
relates.
w. Ensure that all commercial uses are designed to be compatible with, and
context sensitive to, residential uses and environmentally sensitive areas.
z. Ensure that commercial development is scaled appropriately to the intended
regional, community and neighborhood use.
aa. Limit non-residential uses to designated areas and make scaling and intensity
of use paramount criteria during the review and approval process.
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bb. Ensure that gateways are properly delineated and incorporated into
development through the use of approved landscaping, entry markers and
place making features.
dd. State Highway 44, State Highway 55, State Highway 20/26, State Highway
16 and the proposed east west collector are designed as scenic corridors
requiring landscaped setback and separated meanderings sidewalks, modified
standards may be necessary within the Eagle Foothills.
Illustration 12.1
Berming along Eagle Road (State Highway 55)
ff. Recognize the following gateways:
1. Chinden Boulevard and Linder Road
11. Establish a policy requiring annexation or a consent to annexation by the City
of Eagle prior to development within the Eagle area of city impact.
kk. Require all non-transmission utility distribution within the City of Eagle to be
installed underground.
11. Require that all urban development shall occur under the jurisdictional
authority of the City and shall be connected to municipal services.
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Illustration 12.2
Gateway Markers
Chapter 13 - Implementation
13.5 Comprehensive Plan Amendments
From time to time, changing conditions will result in a need for comprehensive
plan amendments.
The Land Use Planning Act provides for amendment to the Comprehensive Plan.
The City Councilor any group or person may petition the City Planning and
Zoning Commission for a plan amendment at any time. On its own initiative, the
City Planning and Zoning Commission may also originate an amendment to the
Comprehensive Plan. However, the City Planning and Zoning Commission may
recommend amendments to the Comprehensive Plan to the City Council not more
frequently than every six (6) months; however text amendments may be
recommended at any time.
13.6 Goal
The Eagle Comprehensive Plan and related ordinances are working documents
used by citizens and City leaders to shape the future of Eagle.
13.7 Implementation Strategies
a. Charge the Planning and Zoning Commission to be responsible to review the
status of the implementation actions and critique the relevance of the
Comprehensive Plan, including recommending any amendments to City
Council on an as-needed basis.
b. Require any person applying for a Comprehensive Plan amendment to submit
ajustification letter for the amendment which letter shall include the
following:
1. A specific description of the change being requested.
2. Specific information on any property involved.
3. A description of the condition or situation which warrants a change being
made in the Plan.
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4. A description of the public benefit(s) that would occur from such a
change in the Plan and an explanation of why the public would need any
such benefit(s).
5. An explanation of why no other solutions to the condition or situation
which warrants a change in the Plan are possible or reasonable under the
current policies of the Plan.
6. A proposed development plan for any land involved if a specific
development is planned at the time the request for the amendment is
being made.
7. An analysis showing the estimated impact that the proposed change is
expected to have on existing and planned infrastructure.
8. Any other data and information required by the City for their evaluation
of the request.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. 8-2-4 SCHEDULE OF BUILDING HEIGHT AND LOT AREA
. Eagle City Code, Section 8-3-3 (D) Side And Rear Yards For Nonresidential Uses Abutting
Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a residential district; except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or
screening approved by the council is provided. Such screening shall be a masonry or solid
fence between four (4) and eight feet (8') in height, maintained in good condition and free
of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall
consist of a strip of land not less than twenty feet (20') in width planted with an evergreen
hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the
time of planting.
. Eagle City Code, Section 8-10-1(A): REQUIREMENTS AND RESTRICTIONS (for
development agreements):
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.
C. DISCUSSION:
. The applicant is requesting a change in the comprehensive plan land use map designation from
approximately 5 acres of Commercial, 5 acres of Professional Office and 28 acres of Mixed
Use to 38.3-acres of Commercial to allow for the development of a regional commercial
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center.
. Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (3))
within the 2000 Comprehensive Plan the Applicant must show, "the condition or situation
which warrants a change being made in the plan." See the Applicant's justification letter date
stamped by the City on April 1, 2008.
. The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4)) seeks to
identify "the public benefit that would occur from such a change in the plan." See the
justification letter provided by the applicant date stamped by the City on April 1, 2008.
. The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (5)) asks for
"An explanation of why no other solutions to the condition or situation which warrants a
change in the Plan are possible or reasonable under the current policies of the Plan". See the
applicant's justification letter date stamped by the city on April 1,2008.
. Since the 2004 adoption of the Western Area Plan the City of Meridian has
annexed/comprehensive planned for nearly 1,100 acres of the cities AOI. These actions
represent the removal of9.6% of the City's non-residential uses today, including the foothills.
See "History of Relevant Actions" on page 2-3 of this staff report.
. The applicant has submitted a traffic study from Dobie Engineering, Inc. titled, "Eagle Island
Marketplace Traffic Impact Study." A summary of this traffic study is attached to the staff
report. A full copy of the traffic study has been provided to ITD, ACHD, and the City of
Eagle. A full copy is available for review at City Hall.
. Under the current zoning provisions stated for the Rim View Planning Area in the Soaring
2025 Comprehensive Plan commercial use of this property is intended as "a convenient stop
for travelers", which would have little, if any, impact to the current traffic flows. The traffic
impact study submitted by the applicant states that there will be no unmitigated traffic from the
proposed site development. Further, the study estimates that, with the improvements
proposed, this development will have a 27% trip capture rate, will provide for a 10% reduction
in average trip length, and will have an annual travel reduction of 340,000 miles.
. The Communities in Motion Destination 2030 Plan projects expansion of Chinden (Hwy
20/26) to five lanes. The applicant's concept for the site accommodates the expansion of
Chinden to 5 lanes and includes improvements that would accommodate the peek flow of the
intersection through 2015. None of the proposed improvements are budgeted or scheduled for
construction by ITD in the next 5 years.
. The 2007 Comprehensive Plan recognizes that both commercial and residential growth will
occur at the northeast comer of Highway 20/26 and Linder Road. The City of Meridian has
recently annexed properties west of this site, hampering the City of Eagle from planning the
forty (40) acre commercially designated area located at the northeast comer of Highway 20/26
and Black Cat Road. Due to the future extension of State Highway 16, that corner was
recognized in the Chinden Planning Area as a regional commercial area important to the
economic well-being of the City of Eagle. Now that SH 16 is proposed to intersect Highway
20/26 at McDermott Road, Linder Road and the Rim View Planning area may be considered
an appropriate location for a regional commercial center, in part due to Linder Road being the
only north-south connection across the Boise River in the Western Area. To recognize and
sanction these changes, the text within the Comprehensive Plan for the Rim View Planning
Area should be amended as recommended by staff in the staff report.
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STAFF RECOMMENDATION PROVIDED WITIDN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the comprehensive
plan map and text amendment and the proposed rezone (upon annexation) with the proposed
conditions to be included within a development agreement as noted in the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
June 23, 2008, at which time testimony was taken and the public hearing was closed. The
item was continued to July 7, 2008. The Commission made their recommendation at that
time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by sixteen (16) individuals with concerns regarding increases in traffic on heavily
traveled Chinden and Linder Road, as well as impacts on the intersection; increase in light and
noise pollution; the size of the project is too big for the area and does not meet the intent of the
comprehensive plan agreed to two years ago; the location of the proposed fuel station would
create traffic conflicts on Linder and is too close to residences on the west side of the roadway;
the fuel station tanks may leak and taint the wells in the area; the location of the Fred Meyer
store is too close to the residences on the northern boundary; potential for too many drive-
through uses to be located on the site; and the degradation of property values and quality of
life will occur with commercial development.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by seven (7) individuals (other than the applicant/representative) who felt that
needed shopping opportunities would be brought to the area that would cut down on traffic
and alleviate traveling farther distances for shopping; interconnectivity between adjacent
properties is needed; the design of the site should take into account the existing character of
the residential uses in the area; the developers have been forthcoming and have addressed the
residents' needs; need for cross access at eastern property line; and the need to see the tax base
and jobs created by the development utilized in Eagle rather than Meridian.
D. Written testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by one (1) who felt that adding "big box" development will make traffic
congestion even more congested at the corner of Chinden and Linder and, the development is
well beyond the previously planned 50,000 square foot threshold for any single business on
the property.
E. Written testimony in favor of this proposal was presented to the Planning and Zoning
Commission by four (4) individuals who felt that needed shopping opportunities would be
brought to the area that would cut down on traffic and alleviate traveling farther distances for
shopping, and; the concept renderings well represent the City's character and the center would
be a great gateway to the City.
COMMISSION RECOMMENDATION REGARDING THE COMPREHENSIVE PLAN
AMENDMENT:
The Commission voted 2 to 1 (Aizpitarte against, Felix abstained, McCarrell absent) to
recommend approval of CP A-5-08 for a change to the land use designation on the Comprehensive
Plan Land Use Map from Mixed Use and Professional Office to Commercial with text in the
Comprehensive Plan for the Rim View Planning Area to be amended as with underlined text
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recommended by the Commission to be added and strikethrough text recommended by the
Commission to be deleted shown within their Findings of Fact and Conclusions of Law document,
dated July 7, 2008.
COMMISSION RECOMMENDATION REGARDING THE ANNEXATION AND REZONE:
The Commission voted 2 to 1 (Aizpitarte against, Felix abstained, McCarrell absent) to
recommend approval of A-03-08 and RZ-7-08 for an annexation (once contiguous) and a rezone
from RUT (Rural Urban Transition - Ada County Designation) to C-3-DA (Highway Business
District with a Development Agreement) with the staff recommended conditions to be included
within a development agreement, with underlined text recommended by the Commission to be
added and strikethrough text recommended by the Commission to be deleted shown within their
Findings of Fact and Conclusions of Law document, dated July 7,2008.
PUBLIC HEARING OF THE COUNCIL:
A. The above-entitled comprehensive plan amendment and rezone applications came before the
Eagle City Council for their decision on September 22, 2008, at which time public testimony
was taken and the public hearing was closed; the Council then continued the item to October
21, 2008. The item was continued again to the November 12, 2008, meeting and the Council
moved that the public hearing be reopened due to new information being presented. Upon
staff recommendation the Council continued the item to the December 9,2008, meeting. On
December 9, 2008, the Council re-opened the public hearing to hear only testimony for the
newly introduced items. The public hearing was closed and the item was then continued to the
December 16, 2008, meeting. The City Council made its decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by nine (9)
individuals (not including the applicant/representative) who consider the project to be
beneficial to the area and will add needed services, create jobs and decrease vehicle trips into
Boise, Meridian and Eagle.
C. Oral testimony in opposition to this proposal was presented to the City Council by twenty
eight (28) individuals who expressed the following concerns:
1. Proposed transitioning from residential to commercial is inappropriate for the area.
2. Proposed berming and screening from residential areas is inadequate.
3. It is inappropriate for the City to change the comprehensive plan in this area.
4. The proposed development is too large for the area.
5. Noise and light pollution to the surrounding residential areas.
6. Traffic impacts would stress and already over capacity corridor.
7. Cost of infrastructure burdens will ultimately fall to the citizens.
8. Loss of "rural feel" for existing residents.
9. Will serve Meridian residents instead of Eagle residents.
D. Written testimony in opposition to this proposal was presented to the City Council by fourteen
(14) individuals who felt that adding "big box" development will make traffic congestion even
more congested at the comer of Chin den and Linder and, the development is well beyond the
previously planned 50,000 square foot threshold for any single business on the property.
E. Written testimony in favor of this proposal was presented to the City Council by six (6)
individuals who felt that needed shopping opportunities would be brought to the area that
would cut down on traffic and alleviate traveling farther distances for shopping, and; the
concept renderings well represent the City's character and the center would be a great gateway
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to the City.
COUNCIL DECISION REGARDING THE COMPREHENSIVE PLAN AMENDMENT:
The Council voted 3 to 1 (Shoushtarian against*) to recommend approval of CP A-5-08 for a
change to the land use designation on the Comprehensive Plan Land Use Map from Mixed
Use and Professional Office to Commercial with the following text in the Comprehensive Plan
for the Rim View Planning Area to be amended.
*The dissenting opinion felt that the development as proposed is too large and will only exacerbate
existing traffic congestion problems on the corridor. Further, the City needs to reassess the
overall goals of the Comprehensive plan to determine appropriate scales and densities for the
area. The dissenting opinion does not believe that the applicant has designed the commercial
uses to be compatible with the existing residential uses in the area and has not properly scaled
the commercial buildings to prevent the overpowering of the adjacent residential uses, as
specified in Section 6.8.8 (c and d) of the comprehensive plan.
6.8.8 Rim View Planning Area
The Rim View Planning Area contains a large amount of existing residential uses that have been
developed as one-acre and five-acre lots through the Ada County development process. The future land
uses in the area are predicated on Linder Road being the only Eagle City river crossing between Eagle
Road and Star Road, aR6-the need to buffer and preserve the existing residential developments, and the
need to provide commercial opportunities along the regional transportation corridors south of the Boise
River. Because of the alignment of the State Highway 16 crossing moving further to the west (to
McDermott), no clear funding option or timeline for the SH 16 crossing, and recent changes in nearby
city limit boundaries (Meridian), the previously planned regional commercial area at Black Cat no
longer is a viable location for the City of Eagle.
a. Uses
The land use and development policies specific to the Rim View Planning Area include the
following:
1. A forty acre commercial area located at the northeast comer of the intersection of
Chin den Boulevard and Linder Road is to be designed and developed as a unit. This
commercial area is intended to serve the Eagle community as a gateway into town before
crossing the river.
2. Areas designated as Transitional Residential should have a residential density of up to
I unit per acre. Units may be clustered to provide for transitional lot sizes to ensure
compatibility of new residential uses to existing residential use~ and the commercial and
office uses located at Linder Road and Chinden.
3. Patio home styles and alternative lot sizes may be allowed in conjunction with exiting
open space and recreation areas located in the Rim View Area. The patio homes and
townhouses may_be located near the commercial area.
b. Access
Access to the area should focus on new internal linkages.
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Primary access should be on Linder Road with limited access onto Chinden Boulevard only in
accordance with ITD's access management policies. All accesses should be designed to allow
traffic to flow through the area connecting Meridian Road to Linder Road may provide the
opportunity ofJuture east/west residential collector linkage within the planning area. Cross-
access and local stub streets should be used to allow the planning area to be interconnected
without the need to access the arterial and state highway network.
Internal and interconnected circulation should be used to move traffic within the non-
residential area, helping to mitigate_the number of local vehicle trips entering State
Highway 20/26 to access commercial/services use along Linder Road.
Chinden Boulevard should be recognized as a gateway corridor to the City of Eagle and
development should adhere to_proper berming, landscaping, and appropriate setbacks to
prevent the encroachment of abutting uses into future corridor improvements. This would
protect the viability of the regional transportation corridor as well as buffer the abutting uses
from the impacts of the corridor.
Design
This area is recognized as a gateway to the City of Eagle, to be integrated with
appropriate landscaping, entry features, and place-making features in the design of the
area.
Design of this area should be compatible to the existing residential and recreational uses
currently present in the area.
Design of commercial and office uses should be compatible with the existing residential uses
and contain significant landscaped buffers to reduce impacts and appealing building design
elements to promote a cohesive character. Commercial development should provide for
pedestrian linkages to the residential areas adjacent to the site.
Both Chinden Boulevard and Linder Road should be developed with a detached sidewalk and
planting strip adjacent to the back of curb, further solidifying the purpose and character of the
gateway corridor of Chinden Boulevard.
Signage for all non-residential uses should be designed to be consistent and complimentary,
with place-making being the primary objective and identification of uses being secondary.
Non-residential areas should be designed with features and materials intended to compliment
and buffer residential uses and to avoid creating a tunnel or wall effect along the backside of the
large buildings.
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II _
access highway
-
---
Residential
Areas
c. Issues
One of the main concerns in the development of this area is the ability to properly balance
the commercial uses with residential uses. New uses should be designed in a manner that
provides a cohesive transition between the commercial and residential uses, incorporating
elements that will provide a common and complimentary identity between the two.
Considering the large amount of undeveloped or underdeveloped land within the planning area,
each proposed project should be evaluated for the potential to provide linkages and connectivity
to adjacent parcels. This is necessary to establish a functioning local and collector roadway
system to supports the regionally significant roadways at the south and west of this area~
As this area develops, consideration should be made of the transitory non-farm uses that have
been approved by Ada County which may be nearing the expiration on the open space
restrictions.
COUNCIL DECISION REGAlWING THE ANNEXATION AND REZONE:
The Commission voted 3 to 1 (Shoushtarian against*) to recommend approval of A-03-08 and RZ-
7-08 for an annexation (once contiguous) and a rezone from RUT (Rural Urban Transition - Ada
County Designation) to C-3-DA (Highway Business District with a Development Agreement) with
the following conditions to be included within a development agreement.
*The dissenting opinion felt that the development as proposed is too large and will only exacerbate
existing traffic congestion problems on the corridor. Further, the City needs to reassess the
overall goals of the Comprehensive plan to determine appropriate scales and densities for the
area. The dissenting opinion does not believe that the applicant has designed the commercial
uses to be compatible with the existing residential uses in the area and has not properly scaled
the commercial buildings to prevent the overpowering of the adjacent residential uses, as
specified in Section 6.8.8 (c and d) of the comprehensive plan.
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CONDITIONS ON DEVELOPMENT
3.1 The Concept Plan represents the Owner's current concept for completion of the Project.
As the Concept Plan evolves, Eagle understands and agrees that certain changes in that concept may occur
or be required. If Eagle reasonably determines that any such changes are substantial so as to require
additional public comment due to potential impacts on surrounding property or the community, a public
hearing shall be held on any proposed changes in the Concept Plan and notice shall be provided as may be
required by Eagle.
3.2 All development of the Property shall comply with Eagle City Code Section 8-2A (Design
Review), and be generally consistent with the Concept Plan, provided, however, it is the intent of this
Agreement to allow flexibility at the time a detailed plan and platting are submitted to Eagle so long as the
general intent of the Concept Plan and the requirements set forth in this Agreement are met. If Applicant
develops the Property prior to annexation under the jurisdiction of Ada County, the Applicant shall apply
for Design Review approval in Eagle and the County shall not issue a zoning certificate or building permit
for the Project until Eagle has provided the County with a letter of approval and/or conditions of approval
for the Project resulting from that Design Review approval.
3.3 Applicant will develop the Property subject to the conditions and limitations set forth in
this Agreement. Further, if Applicant develops the Property following annexation into Eagle, Applicant
will submit applicable 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 Eagle City Code, which shall comply with Eagle City Code,
as it exists at the time such applications are made except as otherwise provided within this Agreement.
3.4 Notwithstanding anything to the contrary herein, all commercial uses proposed for the
Property listed below are considered permitted uses and shall not be subject to Eagle's conditional use
permitting process.
USES
Agricultural use
Automobile or recreational vehicle sales or
service, including e.g., auto parts and tires sales
and installation.
Bank (Banks/financial institutions (with drive up
service)
Bar, brew pub, or nightclub
Beautylbarber shop
Building supply outlet
Car wash (Automotive washing facility)
Catering service
Childcare Daycare center/ Daycare Facility
Childcare Daycare - group
Christmas tree sales
Clinic, medical (excluding animal or veterinary)
Commercial entertainment facilities (indoor)
Commercial entertainment facil ities (outdoor)
Convenience Store with fuel service
Drive-up window service
Drugstore
Electronic sales, service, or repair shop
Emergency health care
Emergency services
Farm, garden, lumber, or building supply store
Fence, other
Food and beverage sales
Fuel cell
Gasoline or diesel fuel sales facility
(Automotive gas station or fuel islands)
(Automotive gas station/service shop)
Health clubs, spas, weight reduction salons
Hotel or motel
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Kennel, commercial
Laboratories
Laundromat
Laundry (with drive up service)
Laundry (with no drive up service)
Live entertainment events
Massage spa
Mobile Office
Nursery, retail (only) (Plant materials)
Off street parking facility
Office building
Office, business and professional
Office, relating to an approved use
Office, temporary construction
Package and letter delivery service
Parking lot, parking garage
Parking lot, parking garage, commercial
Personal, business, or professional service
Personal improvement
Personal services
Personal wireless facilities (height - 35 feet or
less)
Photographic studio
Printing and/or blueprinting
Professional activities
Public or quasi-public use
Remediation, in situ
Research and development facility
Restaurant or eating place
Restaurant (drive in)
Restaurant (with drive thru)
Retail sales relating to an approved use (general)
Retail sales (limited)
Retail sales (pharmacies and medical)
Retail store
School, Vocational or Trade
Shopping center
Shopping mall
Small engine repair (mower, chainsaws, etc.)
Storage (fenced area)
Swimming pool, private
Tire shop, including recapping
Travel services
Tower or antenna structure, private 35'ft or less
Transit facility
Upholstery shop
Vet clinic (animal hospital)
3.5 Deliveries shall be conducted from the hours of 7 :OOam to 10:00pm all other operations of
the site shall comply with Eagle City Code Section 4-9.
3.6 The dimensional standards to be used at Eagle Island Marketplace will be those of Eagle
City as shown in the following table. Although the applicant may make application to Ada County if
necessary, such application will include a proposed development agreement with the County that would
request that the development standards to be used will be those of Eagle, into which this Property will
eventually be annexed.
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Dimensional Standards of the City of Eagle and Ada County
DIMENSIONAL CITY OF EAGLE ADA COUNTY
STANDARDS
Standard Abutting
Residential
Front yard setback 0 35' 50'
Side street setback 0 35' 50'
Interior side yard setback 0 35' 50'
Rear yard setback 0 35' 50'
Maximum Lot Covered 92% 50%
(percent)
Minimum Lot Area (Acres or 1,300 - -
Square Feet)
Minimum Lot Width 25' - -
Maximum Height 35' 50' -
Property size - 100,000 -
sq. ft.
Minimum street frontage - 600' -
Minimum property depth - 200' -
3.7 The following table demonstrates that parking at Eagle Island Marketplace exceeds the
requirements of Eagle's Code. Please note that the parking schedule below uses the most intensive use
scenario for the buildings.
Parking Schedule
BUILDING SQ. PARKING PARKING RATIO PROPOSED USE
PAD # FT. STALLS PER SQ. FT.
1 7,800 39 5 per 1000 Retail/Restaurant
2 18,500 99 5.35 per 1000 Retail/Restaurant
3 4,000 25 6.25 per 1000 Retail/Restaurant / Drive-thru
4 10,680 54 5.05 per 1000 Retail/Restaurant
5 5,400 28 5.18 per 1000 Retail/Restaurant
6 9,000 46 5. I 0 per 1000 Retail/Restaurant
7 .8,500 53 6.24 per 1000 Retail / Restaurant
8 5,160 34 6.67 per 1000 Retail/Restaurant
9 Retail / Restaurant / Drive-thru. /
5,600 28 5.0 per 1000 Bank
10 50 Retail/Restaurant / Drive-thru. /
7,000 7.14 per 1000 Bank
11 Retail/Restaurant / Drive-thru. /
4,000 33 8.25 per 1000 Bank
12 Retail/Restaurant / Drive-thru. /
4,000 29 7.25 per 1000 Bank
13 9,600 55 5.72 per 1000 Retail/Restaurant
14 9,600 64 6.67 per 1000 Retail / Restaurant
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BUILDING SQ. PARKING PARKING RATIO PROPOSED USE
PAD # FT. STALLS PER SQ. FT.
15 18,000 72 4 per 1000 Retail
16 30,000 120 4 per 1000 Retail
17 15,300 61 4 per 1000 Retail
18 676 Retail/Grocery / Pharmacy
Drive-thru / Remote Drive-up
169,000 4 per 1000 ATM
Retail/Grocery / Pharmacy
4.59 stalls per 1000 sq. Drive-thru / Remote Drive-up
TOTALS 341,140 sq. ft. 1566 stalls ft. aV2. ATM
jJ;'ootnote:
Required Ratio by use per Eagle
tity Code:
Retail 1 stall per 250 s.f. or 4 per 1000
Restaurant 1 stall per 150 s.f. or 6.67 per 1000
Restaurant w/ Drive-thru. 1 stall per 200 s.f. or 5 per 1000
Bank 1 stall per 200 s.f. or 5 per 1000
Fuel Islands 1 per each 2 gas pumps
3.8 The design of the parking stalls and drive aisles is very important to the overall site design
of Eagle Island Marketplace. As compared to the design standards of Eagle, the parking design standards
in Ada County reflect a much greater tolerance for impervious surface. This is not optimal for a well-
designed, pedestrian-friendly marketplace. Although application may be made to Ada County, the
Applicant will utilize Eagle's parking standards and will request that the parking design standards of Eagle
are approved. The following table identifies the parking design standards of Eagle as compared to those of
Ada County:
Parking Design Standards (Eagle and Ada County)
City of Eagle Parking Dimension Standards for Standard Vehicles:
Parkin An Ie 450
Width of arkin s ace 9'0"
Curb len h er s ace 13 '0"
Length of parking space (measurement to be perpendicular 15'0"
from the curb or front of s ace if no curb is rovided)
Width of drivewa aisle
690
900
9'0"
9'0"
19' 0"
Parallel
9'0"
23' 0"
23' 0"
9'0"
10' 0"
18' 0"
13' 0"
17' 0"
24'0"
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City of Eagle Parking Dimension Standards for Compact Vehicles:
Parking Angle 450 690 900 Parallel
Width of parking space 8'0" 8'0" 8'0" 8'0"
Curb length per space 11 ' 0" 9'0" 8'0" 19'0"
Length of parking space (measurement to be perpendicular 11 ' 0" 14' 0" 15' 0" 19'0"
from the curb or front of space if no curb is provided)
Width of driveway aisle 12' 0" 15'0" 22' 0"
Ada County Parking Dimension Standards:
Parking Angle 00 300 450 600 900
Stall Width 9'0" 9'0" 9'0" 9'0" 9'0"
Curb Length 23'0" 18'0" 12' 9" 10' 5" 9'0"
Stall Depth 9'0" 17'8" 20'5" 21'10" 20'0"
One- W ay Driving Aisle 12'0" 11'0" 13'0" 16'0" 22'0"
Two-Way Driving Aisle 25'0" 25'0" 25'0" 25'0" 25'0"
3.9 All development of the Property shall be consistent with Landscape Guidelines , site
Design Guidelines , and Architectural Guidelines compiled in connection with the Eagle Design Review
Process, and shall be generally consistent with the Concept Plan, provided that the development guidelines
do not conflict with Section 3.2 of this Agreement. The Applicant shall submit a Design Review site
layout and landscape application for the site, and shall comply with all conditions required by Eagle as part
of Design Review prior to submittal of final plat.
3.10 Provide a master sign plan (MSP) which includes exhibits and guidelines necessary to
achieve a visually coordinated, balanced and appealing signage environment for this development. The
MSP shall include monument and wall sign styles, themes, and locations. It is the intent for the MSP to
govern all signage within the development in accordance with Eagle City Code 8-2A. The MSP shall be
reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate.
3.11 The applicant's property shall be annexed into Eagle Sewer District's boundaries and shall
comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a
final plat application. A letter of approval shall be provided to Eagle from the Idaho Department of Health
and Welfare, Division of Environmental Quality, and/or Central District Health, prior to approval of the
final plat. Prior to issuance of a Certificate of Occupancy, Applicant shall provide proof of adequate sewer
service to the proposed habitable buildings by causing a letter of approval to be provided to Eagle from
Eagle Sewer District.
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3.12 The cond itions, covenants, and restrictions recorded against all portions of the property
shall contain at least the following provisions:
. An allocation of responsibility for maintenance, in perpetuity, of all community and
privately owned landscape and amenities;
. Establishment of an architectural control board for all buildings prior to building permit:
An allocation of responsibility for the operations and maintenance of the pressurized
irrigation system for the Property.
The conditions, covenants, and restrictions shall be reviewed and approved by the City Attorney for both
form and content to assure compliance with the conditions required herein, prior to the issuance of a
Certificate of Occupancy.
3.13 Applicant will construct improvements and satisfy all conditions required by the Ada
County Highway District and the Idaho Transportation Department prior to the issuance of any Certificate
of Occupancy for any building within the development. If Applicant submits for a Design Review
application prior to ITD/ACHD access being granted all access points and associated site design features
including but not limited to landscaping, circulation, drive aisles, pedestrian connectivity, turning
movements, site signage and parking configuration for the southeastern portion of the site must be
reviewed by the Design Review Board and approved by the Eagle City Council prior to issuance of a
zoning certificate for the site.
3.14 In addition to the sidewalks proposed around the perimeter of the development (see
Concept Plan), the applicant will design the proposed interior parking lot pathways (sidewalks) to provide
optimum pedestrian interconnectivity to all portions of the site which should reduce the need to drive from
store to store and should promote enhanced pedestrian movement within the site. The site is to be
designed with shelters, "kiosks" pergolas, etc, in strategic locations to provide refuge and visual relief to
pedestrians traversing the parking lot. The concrete sidewalks along Linder Road and Chinden Boulevard
shall be a minimum of 6-foot wide and configured in a meandering pattern compliant with all ADA
requirements.
3.15 The Applicant shall construct outdoor plaza areas in strategic locations within the
development and in front of the buildings to accommodate and facilitate gathering points for users of the
development. These plaza areas shall include items such as seating areas, art work, fountains, landscaping,
drinking fountains, bike racks, or similar features designed and displayed in a manner that lends to
establishing a common theme or identity to the development.
3.16 Due to the high visibility of the Chinden Boulevard and Linder Road intersection, special
attention shall be given to the configuration and position of the buildings abutting the roadways. Buildings
should be designed to be positioned at varied distances from the abutting roadways to provide modulation,
and building footprints and fenestrations are encouraged to be irregular to inspire greater creative designs.
All lots and buildings shall be configured to screen any and all loading areas and trash enclosures from
view as seen from residential uses or public roadways. Building placement shall be designed such that
parking areas are not concentrated between the buildings and the abutting roadways. The parking areas
depicted on the Concept Plan are not considered to be concentrated between the buildings and the abutting
roadways. The side of any buildings facing the roadways shall be provided with architectural design
elements and architectural relief, as may be approved by the Eagle Design Review Board.
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3.17 All buildings shall be set back a minimum of 105-feet from the centerline of Chinden
Boulevard to accommodate future corridor widening. Buildings shall be setback a minimum of 25-feet
from the new right-of-way line on Linder Road to provide for landscaping and potential roadway widening.
3.18 The development shall include buffers pursuant to Eagle City Code 8-3-3 D. All service
areas (loading bays, trash compactors, etc) shall be designed to lessen impacts (noise, glare, odors, etc)
upon adjacent residential uses. The storage of materials, packing supplies, and merchandise is prohibited
within the service-drive aisle and service areas. Tasteful displays of merchandise may be permitted
outdoors if approved through a development application.
3.19 The remote A TM and pharmacy shall be designed to be aesthetically pleasing and fit
within the context of the project and the City of Eagle and be shielded by landscaping, berming, and/or the
siting of other buildings within the development to reduce visibility and the visual impacts of noise,
headlights and glare from the exterior of the site. The remote A TM' s location and siting standards are to be
provided to the Eagle Design Review Board for their review and recommendation in conjunction with the
required submittal for the site.
3.20 The Applicant shall provide for and include a cross access agreement between all lots
within the development to provide and facilitate shared access to the public rights-of-way. The cross
access agreement shall be reviewed and approved by the City Attorney for both form and content prior to
issuance of a zoning certificate. The cross access agreement shall be executed and recorded prior to the
issuance of a zoning certificate.
3.21 The applicant shall act in compliance with the intent of the Comprehensive Plan
Amendment. The terms of this Agreement regarding access meet the intent of the Comprehensive Plan
Amendment.
3.22 The Applicant shall provide bus stops as may be required by Eagle.
3.23 The entry feature shown on the Concept Plan (northeast corner of the intersection of
Chinden and Linder) shall be designed with features and elements that promote and continue the identity
and character established by other entry features located within Eagle. The specific design of the entry
feature shall be reviewed and approved by the Design Review Board and the Eagle City Council prior to
the issuance of a zoning certificate. The entry feature shall be installed prior to the issuance of a
Certificate of Occupancy for any building within the development. Upon completion, ownership of the
entry sign shall be conveyed to Eagle. Recordable provisions for the perpetual location and maintenance
of the entry sign shall be provided to Eagle. Such provisions shall be reviewed and approved by the City
Attorney prior to recordation. Such provisions shall be recorded prior to the issuance of a Certificate of
Occupancy.
3.24 The maximum total square footage of all buildings located within the development is
350,000 square feet.
3.25 The development shall be limited to three (3) drive-thru restaurants, one (1) pharmacy
drive-thru, one (1) bank (including drive-thru), one (1) remote drive-up ATM, and one (1) fuel service
station. The City may place reasonable limits on the hours of operation of all drive-thru uses to ensure
compatibility with adjacent uses.
Page 38 of 42
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3.26 Individual buildings located in the south portion of the development along Chinden
Boulevard shall not exceed 9,600 square feet (as proposed on the site plan). Additional uses and
expansion of individual buildings may be permitted if a modification to this application is applied for and
approved by Eagle.
3.27 All land uses approvals are predicated on the applicant utilizing only one access point on
to US 20/26.
3.28 The applicant understands the City prefers and will recommend to ACHD that a collector
road be located on this site, or to the north of this property to connect Linder Road and Meridian Road
north of State Highway 20/26 consistent with the City's Comprehensive Plan. Eagle understands that
ACHD has exclusive jurisdiction over this matter and will determine the optimal location of the collector
consistent with ACHD policy. The Applicant does not waive its right to advocate for its preference with
ACHD.
3.29 The applicant recognizes the City's desire that the Chinden Boulevard and Linder Road
intersection to be constructed as seven-lane sections including right turn lanes in all directions.
3.30 The Applicant shall work with the three (3) residential neighbors immediately west of the
Property to design a landscape buffer on such neighbors lots for visual screening that contains evergreen
trees with a height of six (6) to seven (7) feet (at the time of planting) located approximately fifteen (15)
feet apart.
3.31 If the northern collector, as referenced in Section 3.28, is not located on this property the
Applicant shall work with the neighbors immediately north ofthe Property to locate vehicular and
pedestrian cross access to the north approximately as shown on the Concept Plan. The opening and use of
such cross access requires: a mutually acceptable restriction and easement agreement ("REA") between the
owners; a traffic study prepared by the northern neighbors determining that such cross access will not pose
safety or security issues for the residents and/or patrons of either the northern property or the Property; and
Eagle shall have approved the annexation, rezone and development agreement for the development of the
northern property, which development at the time of such approval shall be substantially in such detail as
found in the Concept Plan and this Agreement.
3.32 If the northern collector, as referenced in Section 3.28, is not located on this property the
Applicant shall work with the neighbors immediately east of the Property to locate vehicular and
pedestrian cross access to the east approximately as shown on the Concept Plan. The opening and use of
such cross access requires: a mutually acceptable REA between the owners; a traffic study prepared by the
eastern neighbor determining that such cross access will not pose safety or security issues for the residents
and/or patrons of either the eastern property or the Property; and Eagle shall have approved the annexation,
rezone and development agreement for the development of the eastern property, which development at the
time of such approval shall be substantially in such detail as found in the Concept Plan and this
Agreement.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, March 18, 2008, at Friendship Celebration Lutheran
Church, 765 E. Chinden Blvd, Meridian, ID 83642 in compliance with the application submittal
requirement of Eagle City Code. The application for this item was received by the City of Eagle on
April 1, 2008. A second neighborhood meeting was held at 6:00 PM, on December 1,2008, at Foxtail
Golf Course.
Page 39 of 42
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2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission for this
application was published in the Valley Times in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and the Eagle City Code on May 12,2008. Notice of this public hearing was
mailed to property owners within one-thousand feet (1 ,OOO-feet) of the subject property in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on May 7, 2008. The
site was posted on May 29,2008. Requests for agencies' reviews were transmitted on May 7, 2008, in
accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council for this application was
published in the Valley Times in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City Code on September 22, 2008 and October 27, 2008. Notice of this public
hearing was mailed to property owners within one-thousand feet (I,OOO-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
September 19,2008 and October 23,2008. The site was posted on October 31,2008.
3. The Council reviewed the particular facts and circumstances of this proposed comprehensive plan
amendment (CP A-5-08) and based upon the information provided concludes that the proposed
comprehensive plan amendment is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
Changes in the area adjacent to Chinden Boulevard (20/26) Corridor, precipitated by actions of the
City of Meridian, have the potential of removing nearly 1,100 acres of land from the Eagle
Comprehensive Plan.
The Meridian actions removed 650-acres of non-residential uses from the Eagle Comprehensive plan
and do not account for the demand for regional commercial uses on the US 20/26 corridor. This
represents a 15% reduction in non-residential uses within the Eagle Comprehensive Plan (including
the foothills). The subject application would allow the city to regain a portion of the limited non-
residential uses that were lost due to the actions by the City of Meridian. The inclusion of non-
residential uses within the City of Eagle remove the dependency on residential uses to support general
fund items such as parks, police and library services.
Understanding that the Comprehensive Plan recognizes that both commercial and residential growth
will occur in this area, the proposed commercial designation is much more intensive than previously
anticipated at this intersection. However, with the Chinden and State Highway 16 connection moving
to the west (timing uncertain), coupled with aggressive annexation practices of the City of Meridian, it
is appropriate to increase the intensity of the commercial uses in this area and to relocate a portion of
the Chinden Planning Area uses to the Rim View Planning Area while requiring adequate and
appropriate transitions to the existing larger lot developments to the north of the site.
Further, the sizing of commercial uses to mix with transitional residential uses is beneficial to the site
by limiting the need for residents to directly access Chinden Boulevard (Hwy 20/26), resulting in
better internal trip capture by situating residential uses within walking distance of commercial services.
To allow local trips to circulate north of US 20/26, without having to enter onto the regional roadway
network, and to require cross access and local roadway connections to the north and east will
contribute to obtaining additional intensification in this area.
The dissenting opinion felt that the development as proposed is too large and will only exacerbate
existing traffic congestion problems on the corridor. Further, the City needs to reassess the overall
Page 40 of 42
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goals of the Comprehensive plan to determine appropriate scales and densities for the area. The
dissenting opinion does not believe that the applicant has designed the commercial uses to be
compatible with the existing residential uses in the area and has not properly scaled the commercial
buildings to prevent the overpowering of the adjacent residential uses, as specified in Section 6.8.8 (c
and d) of the comprehensive plan.
4. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone
(A-03-08 & RZ-8-08) 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 is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of C-3-DA (Highway Business District with a
Development Agreement) is in accordance with the Commercial classification as
recommended to be changed 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
required to be provided, to serve commercial uses in the subject area under the
proposed zone;
c. The proposed C-3-DA (Highway Business District with a Development Agreement) is
compatible with the RUT (Ada County designation) zone to the north since this
development will be required to provide design elements and buffering to decrease
potential impacts on existing residential uses and those that may be developed in
accordance with the objectives of Eagle Comprehensive Plan Land Use Map
designation of Transitional Residential. Further, this development proposes to provide
commercial uses that will serve as a greater shopping convenience to residents in the
area, resulting in shorter vehicle miles traveled and less trips on the regional roadway
system.
d. The proposed C-3-DA (Highway Business District with a Development Agreement) is
compatible with the area to the south, designated as Mixed Use Regional pursuant to
the City of Meridian Comprehensive Plan Future Land Use Map, which may be
developed with commercial uses that compliment those proposed on the subject site
and;
e. The proposed C-3-DA (Highway Business District with a Development Agreement) is
compatible with the RUT (Ada County designation) zone to the east since that area is
shown on the Eagle Comprehensive Plan Land Use Map as Public/Semi-Public and is
currently in use as a public golf course. The intensity of the uses on each of the two
sites are complimentary in that they do not compete commercially and are distanced by
the natural buffering of the open space intrinsic to the golf course;
f. The proposed C-3-DA (Highway Business District with a Development Agreement) is
compatible with the R-4 (Meridian designation) to the west since this site will be
required to provide design elements on the site and landscaping along Linder Road to
help mitigate potential impacts on the existing residential uses and will be compatible
with commercial uses that may be developed at the northwest comer of the intersection
of Chinden Boulevard and Linder Road since that area is designated as Mixed Use
Regional pursuant to the City of Meridian Comprehensive Plan Future Land Use Map
and;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan;
h. No non-conforming uses are expected to be created with this rezone since any non-
conforming uses will be required to be removed from the respective site prior to the
City approving an ordinance to rezone the property and, if the site is developed prior to
Page 41 of 42
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City annexation, said development will be guided by conditions stipulated by the City
which are to be implemented, through agreement, with Ada County.
DATED this 24th day of February 2009.
ATTEST:
~~. -l?~~
'-'Sharon . Bergmann, Eagle City C erk
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Page 42 of 42
K:\Planning Dept\Eagle Applications\CPA\2008\CPA-05-08 & A-03-08 & RZ-08-08 ccfdoc
EXHIBIT "A"
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THE LAND GROUP, INC.
March 24, 2008
Project No. 07172
Legal Description
Annexation and Rezone
40.59 Acres
Exhibit "A"
A tract ofland situated in the Southwest One Qualter of the Southwest One QUaIier of
Section 24, Tovvl1ship 4 North, Range 1 West, Boise MeridiaIl, Ada County, Idaho,
described as follows:
Conullencing at a found brass cap l11onul11enting the West One Quarter Corner of said
Section 24, thence following the westerly line of the Southwest One Qumier of said
Section 24, South 00047'25" West a distance of 1,323.65 feet to a point, which bears
North 00047'25" East a distance of 1 ,323.53 feet from a found ahUllinul11 cap
monumenting the southwest comer of said Section 24, and being the POINT OF
BEGINNING.
Thence leaving said westerly line, South 89032'03" East a distance of 1,333.47
feet to a point;
Thence South 00043'59" West a distance of 1,327.22 feet to a point on the
southerly line of the Southwest One Quarter of said Section 24;
Thence following said southerly line, NOlth 89022'32" \Vest a distance of
1,334.77 feet to a found aluminum cap monumenting the Southwest corner of said
Section 24;
Thence following the \vesterly line of the Southwest One Quarter of said Section
24, NOlth 00047'25" East a distance of 1,323.53 feet to the POINT OF
BEGINNING.
The above-described tract of land contains 40.59 acres, more or less, subject to all
existing easements and rights-of-\vay
Prepared By: THE LAND GROUP, INC.
462 E. SHORE DRlVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
208-939-4445 (FAX)
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462 E. Shore Dri\"e, Sre. 100, Eagle, Idaho 83616. P 208.939.4041 F 208.939.4445. \\"\\'w.thdandj:rouDinc.com
S:\Docs\Eisenbetg Company\NE Corner Chinden & Linder\LEG\Legal description - word \"ersion annex & rewne.doc
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