Findings - CC - 2009 - A-16-07/RZ-23-07 - A/Rz From Rut To Mu-Da/Terra View/231.7 Acre/55.9 Commercial Uses/
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
AN ANNEXATION AND REZONE FROM RUT
(RURAL URBAN TRANSITION) TO MU-DA
(MIXED USE WITH A DEVELOPMENT
AGREEMENT IN LIEU OF A POO) FOR
TERRA VIEW FOR SBICH LAND COMPANY
(FLACK/CARLOCK), LLC
)
)
)
)
)
)
)
ORIGINAL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-16-07 & RZ-23-07
The above-entitled annexation and rezone with development agreement applications came before the Eagle
City Council for their consideration on December 11,2007, at which time public testimony was taken; the
Council continued the public hearing to December 18, 2007, at which time public testimony was taken,
and the public hearing was closed. The Council remanded the application to staff and requested a revised
more detailed concept plan be provided showing transitioning of lots adjacent to the northern and eastern
boundaries with a senior housing component adjacent to the eastern boundary. The applications were re-
noticed for two separate public hearings. The revised application concept plans came before the Eagle City
Council for their consideration on August 12,2008, and September 23.2008. The Council continued both
public hearings to October 14, 2008. The applications were again re-noticed and came before the Eagle
City Council for their consideration on October 14, 2008, and October 28, 2008, at which time public
testimony was taken; the public hearing was closed and the Council continued the items to November 18,
2008, for deliberation. The rezone application was re-noticed for a public hearing to allow for testimony
regarding the development agreement associated with project. The development agreement came before
the Eagle City Council for their consideration on December 9, 2008, at which time public testimony was
taken regarding the development agreement. The public hearing was closed and the Council directed staff
to address the transitioning concerns adjacent to the eastern boundary. The item was continued to January
13, 2009, for final action. The Council, having heard and taken oral and written testimony, and having
duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
SB/CH Land Company (Flack/Carlock), LLC, represented by Ashley Ford with WRG
Design, Inc., is requesting an annexation and rezone from RUT (Rural Urban Transition-
Ada County Designation) to MU-DA (Mixed Use with a pre-annexation and/or
development agreement in lieu of a PUD) for Terra View a mixed use development
including +/- 231.7 acres of residential use (single-family and multi-family units) and +/-
55.9 acres of commercial uses. The 287.6-acre site is located at the Northeast comer of
Beacon Light Road and State Highway 16.
B. APPLICATION SUBMITTAL:
Neighborhood Meetings were held from 6:00 to 7:00 PM, April 23, 2007, and June 13,
2007, at the City of Eagle Library in compliance with the application submittal
requirement of Eagle City Code. The application for this item was received by the City of
Eagle on October 24, 2007. Revised concept plans were submitted on December 17,
2007, and July 8, 2008.
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C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on October 29,2007. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on October 26, 2007. Requests for agencies' reviews were transmitted on October
25,2007, in accordance with the requirements of the Eagle City Code. The site was posted
in accordance with the Eagle City Code on November 2,2007.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on November 26, 2007, July 28, 2008, September 29, 2008, and November 17,
2008. Notice of this public hearing was mailed to property owners within three-hundred
feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on November 21, 2007, July 28, 2008,
September 19, 2008, and November 14,2008. The site was posted in accordance with the
Eagle City Code on December 3,2007, August 1,2008, October 6, 2008, and December
2, 2008.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential RUT (Rural Urban Transition- Turf farm and agricultural
& Village Center (Sub- Ada County Designation) land
area)
Proposed No Change MU-DA (Mixed Use with a Mixed Use Commercial
development agreement) and Residential
Development
North of site Transitional Residential RUT & RR (Rural Urban Agricultural land
Transition and Rural
Residential-Ada County
Designations)
South of site Residential Two (up to RUT (Rural Urban Transition- Agricultural land and
2 units per acre) Ada County Designation) proposed Village Gateway
development
East of site Transitional Residential RUT (Rural Urban Transition- Proposed J &M
& Village Center (Sub- Ada County Designation) Subdivision (Ada County
area) application) and
agricultural land
West of site City of Star's Area of RUT (Rural Urban Transition- Trellis Subdivision &
Impact Ada County Designation) Eagle Knoll Winery
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 287.6 Acres
Acres of Residential:
Acres of Commercial:
Open Space:
and buffer areas
241.67 Acres
46.0 Acres
67.38 Acres
84.1 % (inclusive of open space)
15.9%
27.9% (inclusive of parks (public and private, pathways,
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See justification letter dated October 24, 2007, provided by the applicant. (Attached to the staff
report)
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See justification letter dated October 24, 2007, provided by the applicant. (Attached to the staff
report)
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Lynn Moser with Eagle Sewer District stated in correspondence dated October 31, 2007, that it
will be necessary for the applicant to petition to annex the subject property into the sewer district
for sewage disposal prior to development of the site. Mr. Moser goes on to state that sewer could
be provided via the District's regional lift station to be constructed on the Legacy Development on
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the east side of Palmer Road north of State Highway 44 and south of Floating Feather Road. The
estimated completion dated of the lift station is August 2009.
Layne Dodson with Idaho Power stated in correspondence dated November 1, 2007, that Idaho
Power has an approved Master Site Plan from Ada County for overhead sub-transmission power
lines near this property along Beacon Light Road. Construction of the line is estimated to occur
approximately in 2013.
The development is located in the City of Eagle municipal water service area. The development
agreement addresses the applicant's requirements for municipal water service through the City of
Eagle's municipal water system.
Scott Buck with Star Joint Fire Protection District stated in correspondence dated November 14,
2007, that a majority of the property is located within the boundaries of the Star Joint Fire
Protection District and all fire service/protection issues and agreements for this development shall
be negotiated by/with the Star Joint Fire Protection District.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - Yes - Little Gulch Drainage
Mature Trees - Yes - Northeast comer of property
Riparian Vegetation - No
Steep Slopes - Yes - Adjacent to Little Gulch Drainage
Stream/Creek - Little Gulch Drainage
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
N. NON-CONFORMING USES: None
O. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Sewer District
Idaho Power Company
Star Joint Fire Protection District
P. LETTERS FROM THE PUBLIC:
Ken and Joan Langdon stated in correspondence, date stamped by the City on November
19, 2007, their concerns over the proposed density of the project and the transition of lot
sizes is only slightly larger than the ones proposed internally to the site. They also
questioned whether the existing taxpayers in the area will have to pay for the infrastructure
required for this project.
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Doris "Doe" Schirmer stated in correspondence, date stamped by the City on December 4,
2007, a request that the access easement on the west side of the proposed development be
maintained so the residents who live north of the project will still be able to access their
properties.
Gerald M. Robbins with M3 Companies requested in correspondence, date stamped by the
City on December 7, 2007, that the city consider and alternative alignment for Palmer
Lane than the one shown on the concept plan. M3 Companies indicated the alternative
alignment should swing Palmer Lane to the west from its intersection with West Beacon
Light Road and continue northward through the Hanson property and BLM into M3
Eagle. Mr. Robbins goes on to indicate the extension of Palmer Lane is important for
access and traffic dispersion in and out of M3 Eagle and the suggested alignment would
be a shorter route and cause less disruption to the BLM (the future Eagle Regional Park).
Gail Jackson stated in correspondence, date stamped by the City on August 5,2008, their
concern with the water from Farmers Union Ditch will be allowed to flow along the
original ditch which runs under the road onto the northeast comer of their property. They
also requested a copy of the concept plan.
Joan Langdon stated in correspondence, date stamped by the City on October 14, 2008,
her concerns with the proposed development having no regards for pedestrians and
equestrians. She also indicated that corridors should be provided for pedestrians and
equestrians and the residential parcels shown on the concept plan shows only "token"
transitions to the adjacent rural parcels. The correspondence goes on to state that
commercial and light industrial should be centered closer to Highway 16 and south of
West Beacon Light Road.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The Comprehensive Plan Land Use Map designates this site as Transitional Residential and
Scenic Corridor.
Residential Transition
Residential development that provides for a transition of density within the planning area
while keeping in context the density, scaling and lot sizes of existing or proposed uses.
Commonly requires changes in lot dimensions and scaling, see specific planning area text
for a complete description.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major
corridors and natural features through the city. These areas may require berming,
enhanced landscaping, detached meandering pathways and appropriate signage controls.
· Chapter 1 - Overview
1.3 The City of Eagle Vision Statement
In 1999, City of Eagle citizens envisioned their future town as a well-planned
community that encourages diversified living and housing opportunities, fosters
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economic vitality that offers jobs for residents, and provides places for people to
recreate and enjoy Eagle's natural beauty.
We Envision That In The Future Eagle Will Be:
b. interconnected with user-friendly pathways and roadways;
e. an environmentally aware community with distinctive open space, parks and
outdoor recreation;
Similarly as in 1999, the 2004 Soaring 2025: City of Eagle Western Area Plan
outlined an extensive public visioning process to guide the plan. The visioning
sessions discussed potential growth areas and goals to guide the long term
development of the City. From these visioning sessions, the following four broad
goals were identified for the western AOI:
b. Identify "Activity Centers": Identify areas that, due to the nature of existing
uses, future uses and/or transportation corridors, will lend themselves to
increased activity and non-residential use to preserve larger areas as primarily
residential neighborhoods.
c. Preserving Regional Transportation Corridors (State Highway 16 & 44):
Preserve the function of regionally significant roadways through the City
while ensuring compatibility with land uses and design standards of the City.
· 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:
a. The City of Eagle which provides administrative services, library services,
and a portion of the water service.
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.
c. The Meridian and Boise School Districts which provide K-12 education.
f. The Eagle Fire District which provides fire and emergency services.
g. Private canal companies and drainage districts which provide irrigation water
and drainage water management.
4.2 Schools
4.2.3 School Objectives
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a. Support the effort of the school district to ensure adequate school sites are
provided and the intended capacity of the schools is not exceeded.
b. Support school district efforts to provide school sites and facilities that
accommodate student enrollment.
4.6 Domestic Water
4.6.1 Domestic Water - Existing and Future Conditions
Eagle Water Company (EWe), United Water Idaho (UWI) and the City of Eagle
(City) are the major domestic water providers in and around the City. A few
residential subdivisions own and operate their own water systems and individual
domestic wells are also used in the City. UWI provides backup fire and
emergency storage to the eastern portion of the City's service area through an
agreement approved by the Public Utilities Commission.
In 2005, the City adopted a Water System Master Plan that defines existing and
future service areas. The Master Plan identifies major infrastructure requirements
in the service area including storage tanks and water transmission mains from
Linder Road to Highway 16 and from Homer Road to Highway 20/26. The Master
Plan called for the City to create a Public Works Department including hiring a
Public Works Director. Subsequently, the City has undertaken efforts to budget
for and hire staff to begin the process realizing that goal.
The City has also implemented other aspects of the Plan including applying for
water rights and obtaining approval for wells for its western growth area.
Construction of a one million gallon reservoir, a new city well and a SCADA
control system will be completed in the fall of2007.
. Chapter 6 - Land Use
6.6 Land Use Implementation Strategies
u. 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.
v. Use smaller planning areas to help guide development in the western planning
area.
w. Limit non-residential uses to designated areas, with scaling and intensity
paramount to the approval of these uses.
x. 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.
y. Subject to Design Review all commercial and subdivision development within
the City
6.8.3 Village Planning Area
The Village Planning Area is designed to provide flexibility of design while also
ensuring compatibility to existing large lot residential uses and transitional density
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as development approaches Homer Road and the Foothills. This area is not
intended to be master planned but does require great care in planning to ensure
that uses are compatible and that the Village Center serves as an anchor of the
area and is not taken over by residential uses.
a. Uses/Design
The land use and development policies specific to the Village Planning Area
include residential, commercial, retail, civic, research and development park,
corporate and/or educational campus, hospitality and office uses. Non-
residential uses will be focused in the Village Center.
1. Village Center: The Village Center encompasses approximately 600-
acres and is bounded generally by Beacon Light Road to the north,
Floating Feather Road to the south, Palmer Lane to the west and
Lanewood Road to the east. Non-residential uses will be focused in the
Village Center. This area is comprised of three key components:
(a) A village center providing retail commercial, hospitality and civic
uses;
(b) A research and development/educational campus and/or corporate park
area designed to provide sufficient space for corporate headquarters in
a park-like setting near ancillary commercial uses located in the village
center; and
(c) A potential high school and/or middle school site located near the
village center and higher density residential areas. This location allows
for the transfer of density into an appropriate residential area which
minimizes busing costs and the traffic concerns of placing schools in
residential areas because the schools will be within walking distance to
services that the students would typically use.
Illustration 6.2
Village Center Concept
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2. Residential Areas:
New developments that are proposed near the Village Center shall be
encouraged to include apartments, town homes, condominiums, patio
homes, bungalows and live/work units ranging in densities from 5 to 20
units per acre.
Decreasing densities should be allowed as the area radiates out of the
village center. The overall densities in the Village Planning Area outside
of the village center shall average 1-2 units per acre to the south of
Beacon Light Road. Residential densities north of Beacon Light should
be 1-2 units per acre transitioning (feathering and clustering) to the north
and east ensuring compatibility with existing residential and foothills
development.
Lot sizing and compatibility will be paramount as residential development
reaches the existing 2- and 5-acre lots in the area east of Linder Road and
north of Floating Feather Road.
Special care should be given to the feathering and clustering of residential
units as development reaches the foothills/ Farmers Union Canal.
All Commercial use beyond Neighborhood Commercial should be
directed to the commercial center at State Highway 16 & 44 or to the
Village Center.
Illustration 6.3:
Farmland Cluster Example
b. Access
The Village Planning Area will promote the construction of an east/west
boulevard that will include planted medians, sidewalks and limited
signalization. This road design shall be similar to Harrison Boulevard and
Park Center Boulevard in Boise.
This area will also include the extension of Homer Road from Linder Road to
the village center and the realignment of Beacon Light Road to slow the flow
of traffic between Hwy 16 and Hwy 55.
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The Village Planning Area will be dependent upon the interconnectivity of
local roads as the area develops.
Access to the area from State Highway 16 should be limited to the mile
between Beacon Light Road and Floating Feather.
Commercial and retail uses should be discouraged from fronting on State
Highway 16. Non-residential use should be focused internally to the Village
Center and the residential uses and located along local/collector roads.
ITD should be discouraged from constructing frontage roads along the eastern
side of Hwy 16 and landscape berms should be used to continue a gateway
feeling to the city along the eastern side of Hwy 16.
The design of the area should incorporate non-motorized pathways linking
residential areas to the village center, foothills and the existing Eagle
Downtown.
6.8.11 North Eagle Foothills Planning Area
b. Uses
1. Develop Community and Neighborhood scale centers on the principles of
mixed use; variety in form and image; pedestrian orientation; higher
density; a focus on transit; and economic diversity that reflects the
patterns of a small town.
A. Community Centers: These are the highest intensity use areas in the
foothills. They should act as density magnets to begin building the
transects as described in this section. These are areas for the
clustering of densities from more rural and open space areas.
These centers are the most intensive development that should occur in
the Foothills planning area. There may be several types of mixed use
community centers including commercial, educational, and research.
Community Centers are approximately 100-150 acres in size and are
the highest density, with the greatest variety of uses, and civic
buildings of regional importance. It may have larger blocks; streets
have uniform street tree planting and buildings set close to the
frontages. No minimum lot sizes.
These centers are characterized by the following:
1) Limited in total number due to the need for high connectivity
to the state highway system and regional trip capture.
2) Community centers should be designed to aide in the
location, design and construction of grade separated
interchanges along the state highway system. At a minimum
Community Centers should be designed to provide for the
right-of-way preservation of these facilities.
3) Compact and mixed use in nature these centers should
integrate a combination of uses including office, retail,
commercial, institutional, civic, residential, hotel and
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recreation while focusing on the paramount community
function.
4) These centers should be pedestrian oriented developments
that contain elements of a live, work and play environment.
Walkable communities should have all key amenities or
facilities within a Y4 mile distance of the majority of the
developed units.
5) Mixed Use Community Centers should be approximately
100-150 acres in size and allow up to 350,000 square feet of
gross leaseable retail space.
6) If residential uses are provided they should account for no
more than 25% ofthe gross total area of the Community
Center with allowable densities of up to 8 to 10 units per
acres.
7) Community Centers should be designed to integrate and
promote the expansion of public transportation along major
regional corridors providing alternatives between
communities in the region.
8) As a guideline for planning urban transition and suburban
density patterns should be located with ~ to 1 mile of these
centers. This standard allows for the implementation of the
land use transect and ensure that the overall desired land use
pattern of the foothills is implemented.
· Chapter 8 - Transportation
8.1 Background:
The City's existing network of roadways represents only a portion of the system
needed to serve future growth and development. As the City continues to
experience growth, population will increase and the number of vehicles using the
transportation system will increase. In addition to adding new streets and
roadways, modifications and extensions to the existing routes will be necessary in
order to create a fully integrated, modem, efficient transportation system that will
effectively serve the residents of the City, the business community and the
traveling public.
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 City of Eagle
TransportationiPathway Network Maps #1 and #2, illustrates various proposed
classifications of roadways which are included in the Eagle City limits and Eagle
Area of Impact.
8.2.3 Rural Arterial: Beacon Light Road
Mobility Function:
The primary function of a rural arterial is to provide major circulation and
movement within rural low density areas (i.e.: one unit per two acres and lower)
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and to connect with major activity centers and principle arterials. A rural arterial
may serve motorized and non-motorized transportation needs and may include up
to three vehicular traffic lanes with center turn lanes only at driveways and/or
street intersections that are expected to generate a minimum of 1,000 vehicle trips
per day, or where determined to be necessary for safety by ACHD.
Access Function:
Access to other roadways is less restrictive than principal arterials. Direct lot
access is restricted.
Right-of-Way:
As shall be determined by the Highway District having jurisdiction with
recommendations by the City seriously considered by the Highway District.
8.2.4 Collectors: Palmer Lane
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 Long
Range Transportation Plan of AP A.
Access Function:
To provide limited and controlled access to commercial and industrial areas and to
residential neighborhoods.
Right-of- Way:
As shall be determined by the Highway District having jurisdiction with
recommendations by the City seriously considered by the Highway District.
8.6 Implementation Strategies
I. Require new developments to submit a traffic impact study prepared by ACHD,
lID or a qualified and licensed traffic engineer. The traffic impact study should
include, but not be limited to, potential impacts to existing traffic patterns,
suggested roadway widths, access to existing and proposed roadways,
signalization, location and need for intersections, turn lanes, and bus stops. In
addition, the traffic impact study should address parking and pedestrian traffic.
hh. Encourage the development of park and ride facilities within the Village
Center.
· Chapter 9 - Parks, Recreation, and Open Spaces
9.3 Future Conditions: (Reads in part)
The National Recreation and Park Association (NRPA) has developed standards
for communities to use for planning, developing and acquiring park and recreation
lands (see Table 1 below).
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TABLE #1
NRP A Recommended Standards for Recreational Areas
Mini-Parks
Neighborhood
Parks
Community
Parks
Regional
Parks
STANDARDS
o timum Size
Radius Served
GUIDELINES
Acres/l,OOO Po ulation
1 Acre or Less
0.25 Miles
3 -15 Acres
0.5 Miles
10 - 25 Acres
2 Miles
125 + Acres
.50 Miles
As the City of Eagle grows; new parks and facilities will be needed to meet the
recreation needs of the community. There will be a demand for more parkland
including pathways, practice fields and ball fields as well as a skateboard park.
Land acquisition for future park sites and pathways is vital in order to develop
land for pathways and neighborhood parks. The City of Eagle values its river,
creeks, canals and foothills. Opportunities for the city include maintaining
drainage and canal corridors and rights-of-way to establish a pathway system.
New development projects will provide for pathway circulation in accordance
with adopted local and regional pathway plans. Maintaining these corridors will
add community identity and ensure the quality of recreation in Eagle. These areas
are the habitat of a variety of species (e.g., fish, eagle, etc.) and play an important
role in the community's ecology.
9.4 Parks
9.4.1 Goal
To create ample areas and facilities for our residents' diverse indoor and outdoor
park and recreational interests.
9.4.2 Objectives
c. To provide a system of neighborhood parks where safe and convenient access
is available to residents.
d. To dedicate and develop areas for parks in new residential developments.
9.5 Pathways and Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
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C. To create and preserve non-motorized, multi-use pathway corridors in public
and private lands within the Eagle foothills.
9.6 Open Space:
Open Space is land which is not used for buildings or structures and offers
opportunities for parks, recreation, water amenities, greenbelts, river trails and
pathways, tourism, leisure activities, viewpoints, and wildlife habitat.
. Chapter 10 - Housing
10.1 Background
The Eagle area is transitioning from primarily agricultural land uses to residential
and commercial land uses. Eagle's quiet charm and agricultural roots have made
the community a mecca for those seeking larger lots for open space and gentleman
farming. Over the last years much of the agricultural land has been divided into a
variety of parcel sizes which are highly sought after by many urban residents.
Density options that reconcile quality of life and costs of services issues must be
balanced and will require compromise by all parties.
. Chapter 12 - Community Design
12.2 Goals
Protecting the City's character: Strive to create an aesthetically pleasing
community and protect the unique natural beauty and small town character of the
City.
Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve
the function of regionally significant roadways through the City while ensuring
compatibility with land uses and design standards of the City.
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.
12.4 Implementation Strategies
k. Establish and maintain development patterns and design criteria in keeping
with the rural transitional identity of Eagle.
g. Discourage excessively large single entity businesses that would jeopardize
the competitive business environment.
k. Develop buffer and transition zones between conflicting types of land use.
I. Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridge lines as visual amenities.
m. Encourage the development of pathways and open-space corridors throughout
the City.
w. Ensure that all commercial uses are designed to be compatible with, and
context sensitive to, residential uses and environmentally sensitive areas.
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x. Encourage the preservation and public access to open space through
developments and as a rural design element of urbanizing areas.
y. Ensure that commercial development is scaled appropriately to the intended
regional, community and neighborhood use.
z. Limit non-residential uses to designated areas and make scaling and intensity
of use paramount criteria during the review and approval process.
aa. Ensure that gateways are properly delineated and incorporated into
development through the use of approved landscaping, entry markers and
place making features.
bb. Provide a variety of housing opportunities ranging from large lot residential to
multi-family apartment uses.
cc. State Highway 44, 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.
ee. Recognize the following gateways:
1. State Street and State Highway 16
ii. Identify a utility transmission corridor for all above ground utility
transmission lines in the City of Eagle.
. APPENDIX 1 - GLOSSARY
Centers
Community Centers unique to the Foothills these centers are located
along state highways with high efficiency interchanges and access points.
Limited in number and size these areas are intended to serve the
employment, institutional, entertainment and retail needs of the foothills
and regional rip from the north including Gem and Boise Counties.
Specific policies area contained in the Foothills Sub-area.
Commercial - Neighborhood Commercial
A moderate sized shopping area that features a grocery store but may also
include a drug store or variety of services such as stationary, clothes,
restaurants, dry cleaners, real estate, gardening and other similar uses. A
neighborhood commercial area may have a total of 15,000 to 30,000
square feet but no single buildings in excess of25,000 square.
Context Sensitive Design
Context sensitive design (CSD) is a collaborative, interdisciplinary
approach that involves all stakeholders to develop land uses and
transportation facilities that fit its physical setting while preserving the
scenic, aesthetic, historic, and environmental resources.
Feathering
The process of transitioning density within a development while
providing compatible lots sizes and lot boundaries.
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Gateway
A major corridor or entry into the City of Eagle that will tend to create an
initial positive impression of the City for visitors. Gateway streets should
be subject to enhanced design review standards such as signage,
landscaping, architecture, and vehicular access.
Limited Service Commercial
Uses that accommodate retail sales and services for the daily self
sufficiency of local communities, ensuring that the intensity of limited
commercial development is compatible with the character of the area with
special concern to adjacent residential uses.
Regional Transportation Corridors
Roadways that link communities across the region; normally these are
state highways and major arterials but may include minor arterials in rural
areas.
Strip Commercial
A variety of unrelated retail, service and fast food use located at mid
block, oriented to take advantage of passing automobile traffic.
Connectivity between strip commercial is usually poor, and each use will
tend to have its own curb cut onto the arterial.
Transitional Density
The shifting of density within a development to allow compatibility with
existing uses adjacent to or within a site.
Trip Capturing
The design of transit, commercial, retail and office areas so that patrons
are able to accomplish multiple daily tasks with one vehicle trip as
opposed to having to use multiple vehicle trips to go to several single use
areas. This is opposite of trip generation which is a use that creates a new
independent vehicle trip for a specific use or a use that is a single
destination site.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code, Section 8-1-2 Rules and Definitions:
Open Space
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated
and intended as a useable and convenient amenity to any proposed development.
Wetland areas, drainage ditches, irrigation ditches, and similar features shall not be
considered as a part of the minimum area of open space required.
Planned Unit Development:
A development designed to incorporate a variety of lot sizes and created to
accommodate a wide range of income levels and planned to be developed as a unit
under single ownership or control which may include residential, commercial, or
office uses or any combination thereof.
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· Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the
zoning districts have been formulated to realize the general purposes as set forth in this
title. In addition, the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as
limited office, limited commercial, and residential. This district is intended to ensure
compatibility of new development with existing and future development. It is also
intended to ensure assemblage of properties in a unified plan with coordinated and
harmonious development which shall promote outstanding design without unsightly and
unsafe strip commercial development. Uses should complement the uses allowed within
the CBD zoning district. All development requiring a conditional use permit in the
MU zoning district, as shown in section 8-2-3 of this chapter, shall occur under the
POO andlor development agreement process in accordance with chapter 6 or 10 of
this title unless the proposed development does not meet the area requirements as set forth
in section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise
a conditional use permit shall be required unless the proposed use is shown as a permitted
use in the MU zoning district within section 8-2-3 of this chapter. Residential densities
shall not exceed ten (10) dwelling units per gross acre. When a property is being proposed
for rezone to the MU zoning district a development agreement may be utilized in lieu of
the PUD and/or conditional use process if approved by the city council provided the
development agreement includes conditions of development that are required during the
PUD and conditional use process.
· Eagle City Code, Section 8-2-3 Schedule of District Use Regulations:
Residential dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning
designation.
· Eagle City Code, Section 8-2A-7 (J)(4)(b&c) Buffer Areas/Common Lots:
4. Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified
as collectors, arterials, freeways, or expressways, to protect residential communities
from noisy, potentially dangerous, high speed roads. The "buffer area" shall be
defined as common lot located between the residential lots within the subdivision and
the right-of-way line of the adjacent roadway. This buffer is required as part of the
common area open space owned and maintained by a homeowners' association. Any
landscaping proposed to be within the public right of way shall not be included as a
part of the buffer area required below. The height for berming/fencing, as noted
below, shall be measured from the elevation of the final grade of the adjacent roadway
(measured at the centerline) to the top of the proposed berming/fencing. The required
buffer area width, plantings, and fencing are as follows:
b. Any road designated as a minor arterial on the transportation and pathway network
plan in the Eagle comprehensive plan:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of
way: five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental
trees, and twenty four (24) shrubs. Each required shade tree may be substituted
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with two (2) flowering/ornamental trees, provided that not more than fifty percent
(50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope
for any berm shall be three feet (3') horizontal distance to one foot (1 ') vertical
distance. If a decorative block wall, cultured stone, decorative rock, or similarly
designed concrete wall is to be provided, in combination with the berm, a four
foot (4') wide flat area shall be provided for the placement of the decorative wall.
Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not
be permitted.
c. Any road designated as a principal arterial on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of seventy five feet (75') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet of
right of way: six (6) shade trees, ten (10) evergreen trees, four (4)
flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree
may be substituted with two (2) flowering/ornamental trees, provided that not
more than fifty percent (50%) of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope
for any berm shall be three feet (3') horizontal distance to one foot (1') vertical
distance. If a decorative block wall, cultured stone, decorative rock, or similarly
designed concrete wall is to be provided, in combination with the berm, a four
foot (4') wide flat area shall be provided for the placement of the decorative wall.
Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not
be permitted.
. Eagle City Code, Section 8-6-1 Planned Unit Development; Purpose, Goals, and Objectives:
C. Objective: To guide land development and construction through the planned unit
development (PUD) to achieve the following:
2. A more useful pattern of open space and recreation areas and, if permitted as part of
the project, more convenience in the location of accessory commercial uses, office
uses and services;
3. A development pattern which preserves and utilizes natural topography and
geologic features, scenic vistas, trees and other vegetation, and prevents the disruption
of natural drainage patterns;
5. A development pattern in harmony with the objective for land use density,
transportation and community facilities as presented in the comprehensive plan.
. Eagle City Code, Section 8-6-5-2 Common Area Open Space:
A. Required Common Area Open Space: A minimum of twenty percent (20%) of the
gross land area developed in any residential PUD project shall be reserved for
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common area open space and recreational facilities for the residents or users of the
area being developed.
C. Compliance: All common area open space shall be evaluated for its compliance with
the following:
1. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
2. Siting: Visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment.
D. Direct Access: A minimum of fifty percent (50%) of all lots shall be designed to be
adjacent to, or at a minimum, have direct access to common area open space. The term
"direct access" means all building lots are to be located a maximum of two hundred
fifty feet (250') away from a pathway connecting to a common area open space lot.
Building lots separated from a common area open space lot by a local roadway shall
be deemed to have achieved direct access. The required planter strip located between
the sidewalk and the street will not be permitted to fulfill this requirement.
E. Dedication Of Land For Public Use: A required amount of common open space land
reserved under a PUD shall either be held in corporate ownership by owners of the
project area for the use of each owner who buys property within the development or
be dedicated to the public and retained as common open space for parks, recreation
and related uses. Public utility and similar easements and right of way for
watercourses and other similar channels are not acceptable for common open space
dedication unless such land or right of way is usable as a trail or other similar purpose
and approved by the council.
F. Maintenance: The responsibility for the maintenance of all open spaces shall be
specified by the developer before approval of the final development plan.
· Eagle City Code, Section 8-6-5-5 Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as
to provide an enhanced integration of open space and a variety of housing options, the
following design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone
as established in section 8-2-4 of this title, except that a decrease in the minimum lot
size may be allowed if there is an "offsetting increase" of the same square footage in
open space and a favorable finding is made by the council that the smaller lots are
appropriately integrated into the overall design and that the building product type is
compatible with the PUD and surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting
point for minimum open space, prior to any "offsetting increase" being added, shall be
the area that is equal to ten percent (10%) of the site. This allowance shall only be
permitted under the following criteria:
1. The total common area open space shall be equal to or greater than twenty percent
(20%), inclusive of the "offsetting increase" square footage.
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2. A favorable finding by the council must be obtained assuring that character, identity
and architectural and siting variation are incorporated into the development and that
these factors make up a substantial contribution to the objectives of the PUD. These
design elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrian way treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment, variation
in building setbacks and building grouping (such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base
zone under section 8-2-4 of this title.
. Eagle City Code, Section 8-6-5-6 Arrangement of Office and Commercial Uses:
When PUDs include commercial or office uses, buildings and establishments shall be
planned as groups having common parking areas and common ingress and egress points in
order to reduce the number of potential accident locations at intersections. Planting
screens or fences shall be provided on the perimeter of the commercial areas abutting
residential areas.
The plan of the project shall provide for the integrated and harmonious design of
buildings, and for adequate and properly arranged facilities for internal traffic circulation,
landscaping and such other features and facilities as may be necessary to make the project
attractive and efficient from the standpoint of the adjoining and surrounding
noncommercial areas.
All areas designed for future expansion or not intended for immediate improvement or
development shall be landscaped or otherwise maintained in a neat and orderly manner.
C. SUBDIVISION ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
None, applicant shall comply with the Subdivision standards in effect at the time of
platting.
D. WATER SYSTEM ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. ECC Section 6-5-3 (B) Water System, Connection To Water System Required:
Every parcel of land or premises within the boundaries of the city, improved by new
construction for occupancy and occupied or used by any person or persons, or as a
commercial business, shall be connected to the city water department public water
system so long as the area is within the service area of the city water system. The
owner or person in charge of such land shall make or cause to be made, such
connection within sixty (60) days after receiving official notice from the city to so
connect. All charges associated with the laying of pipe from the home or facilities to be
served by the city's mains shall be the responsibility of the user and shall be properly
designed and constructed in conformity with requirements specified by the city. If a
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parcel of land is not within three hundred feet (300') of a water main, connection may
not be required unless the city elects to extend the water main to within three hundred
feet (300') ofthe applicant's property.
E. DISCUSSION:
· The Comprehensive Plan's Land Use Map designates this site as Transitional Residential and
Scenic Corridor. The Comprehensive Plan's Land Use Map also designates this area to be
located within the Village Planning Area. The City of Eagle Foothills Future Land Use Map
designates this site as a Community Center (Mixed Use). The applicant is requesting a MU-
DA (Mixed Use with development agreement) zoning designation to develop the property in a
manner consistent with the Village Planning Area and in relation to a Village Center which
will be located east of this site. The Village Planning Area allows for flexibility of design
while also ensuring compatibility to existing residential uses in the area and providing for a
transitional density as development approaches the Foothills.
· The Village Center is comprised of three key components:
1. Residential, commercial, retail, civic
2. Research and development park, corporate and/or educational business campus with
ancillary commercial uses
3. Potential high school and/or junior high school located near the village center and
higher density residential areas.
· The Mixed Use area as shown on the Concept Plan date stamped by the City on October 24,
2007, should contain some kind of corporate and/or educational campus or medical facility use
with ancillary uses in proximity to the campus/facility area.
· The 2007 Comprehensive Plan, Glossary, defines Neighborhood Commercial as a land use
designation that allows for commercial development with no single buildings not exceeding
25,000 square feet. Therefore; to eliminate the possibility of a single retail business creating
trip generation to the area no single retail business should exceed 25,000 square feet in size.
· The Comprehensive Plan text within Chapter 6 - Land Use, Village Planning Area,
6.8.3(a)(2), states that Residential Areas in proximity to the Village Center shall be
encouraged to include apartments, town homes, condominiums, patio homes, bungalows and
live/work units ranging in densities from 5 to 20 units per acre. The densities as you approach
the northern boundary should be 1-2 units per acre ensuring compatibility with existing
residential and foothills development. The Comprehensive Plan defines "Transitional Density"
as the shifting within a development to allow compatibility with existing uses adjacent to the
site. The Plan also defines "Feathering" as the process of transitioning density within a
development while providing compatible lot sizes and boundaries. The Concept Plan date
stamped by the City on October 24, 2007, indicates the lots adjacent to the Mixed Use area
labeled Residential I, to be 42' x 85' (3,570 square feet) in size transitioning to area adjacent
to the northern property line labeled Residential IV to be 75' x 110' (7,150 square feet) in
size. Although the lot size of 42' x 85' (3,570 square feet) is comparable to a minimum lot
size which would be allowed for an R-I0 (residential-up to ten units per acre) zone the
applicant should provide a revised Concept Plan indicating a unit count to allow for multi-
family dwellings with higher density adjacent to the Mixed Use area and transitioning to the
north with lots adjacent to the northern boundary to be a minimum of 37,000 square feet in
size.
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· The Concept Plan date stamped by the City on October 24, 2007, shows residential areas
adjacent to State Highway 16, a principal arterial, and adjacent to internal roads, which will be
either collectors or minor arterials. All residential areas adjacent to arterials or collectors
should have the required landscaping and buffering per Eagle City Code.
· Ada County Highway District (ACHD) provided correspondence date stamped by the City on
November 15, 2007, requesting the City not take action on the application until the District
has had an opportunity to sufficiently review the submitted traffic impact study. The District
also has concerns regarding the sizing, location and setbacks of the proposed roadways located
within the development. Since this application is regarding the annexation and rezone of the
property and a preliminary plat application will be submitted at a later date the applicant
should be aware that road location may be changed from those shown on the Concept Plan.
The applicant should comply with all requirements of ACHD and ITD at the time of
preliminary plat.
· On June 19, 2007, the City Council adopted Resolution No. 07-14, recognizing the Eagle
Wine District Overlay (EWD). The proposed Terra View development is located within the
EWD overlay. The applicant should work with the City and ACHD during the TLIP
(Transportation Land Use Integration Plan) process to establish road design standards which
are unique to the EWD.
· The applicant should work with ACHD to establish a Park and Ride facility to be located
within the Mixed Use area shown on the Concept Plan date stamped by the City on October
24, 2007, to help with the reduction of vehicle trips from this development and other
developments in the immediate area.
· Star Joint Fire Protection District provided correspondence date stamped by the City on
November 15,2007, indicating a majority of the property lies within the boundaries of the Star
Joint Fire Protection District. With this being the case the applicant should be required to work
with both the Eagle Fire District and the Star Joint Fire Protection District regarding all fire
service/protection issues for the proposed development.
· The Concept Plan date stamped by the City on October 24,2007, shows developed open space
approximately 22.6 +/- acres in size adjacent to the west side of Palmer Road. The applicant
may want to consider donating all or portion of this area to the City for a future park site.
· The applicant may also want to consider located an assisted living facility and a community for
"older persons" (55 and over - as defined by the federal fair housing act of 1999, or any
subsequent revision thereof) east of Palmer Road in the areas labeled Residential I and
Residential II as shown on the Concept Plan date stamped by the City on October 24, 2007.
· The FEMA, Flood Insurance Rate Maps (Panel numbers 130 & 135) designate portions of this
site as Zone A (100 year) floodplain. The applicant should be required to provide
documentation from The Army Corps of Engineers approving any proposed LOMRs or should
be required to comply with the City of Eagle's floodplain development ordinance prior to
approval of the preliminary plat.
Due to the location of the floodplain, a 404-Permit may be required by the Army Corp of
Engineers for development in the area. The applicant should provide documentation from the
Army Corps of Engineers regarding the requirement of a 404-Permit prior to submitting
application for final plat approval.
· The residential portion of the property should be developed to comply with the minimum open
space requirements of the Eagle City Code, 20% or a minimum of 46.36 acres.
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· Although there is not a City pathway plan associated with this area the applicant should
incorporate non-motorized pathways providing interconnectivity within the residential area
and providing linkages to the mixed use area in the southern portion of the development and
providing connection points to adjacent properties.
· The property is located within the City of Eagle Municipal Water Service Area. The applicant
through the development agreement will comply with Eagle City Code, Chapter 6 pertaining
to the City of Eagle Municipal Water System.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
annexation and rezone with the conditions of approval to be placed within a development
agreement as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 19, 2007, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by four (4) individuals who expressed the following concerns regarding the development:
1. Lack oftransitioning of lot sizes adjacent to the northern boundary.
2. Commercial buildings will obstruct view of the mountains from Trellis Subdivision.
3. Proposed density is inappropriate for the area.
4. The infrastructure for the area is inadequate (transportation, water, sewer, schools, fire, police,
etc.).
5. Required infrastructure will be installed at no expense to the taxpayers of the City of Eagle.
6. Housing will not be comparable to existing housing in the area.
D. Oral testimony neither in favor nor opposed to the proposal was presented by one (1) individual who
owns property to the north and currently has an access easement on the subject property. The
individual requested that a provision be conditioned to protect their existing access easement on the
property is protected or ensure ingress/egress is provided to their property north of the proposed
development.
A representative from Star Joint Fire Protection District testified in regard to the property being located
within two (2) fire districts and the need for the applicants to work with both fire districts regarding
fire protection issues for the development. One individual voiced concerns regarding the proposed
location of the HomerlPalmer Road realignment and requested that flexibility be considered regarding
the proposed location of the road.
COMMISSION DECISION:
The Commission voted 4 to 1 (Aspitarte against) to recommend approval of A-16-07 & RZ-23-07
for an annexation and rezone with a development agreement from RUT (Rural Urban Transition -
Ada County designation) to MU-DA (Mixed Use with a development agreement in lieu of a PUD)
for SB/CH Land Company (Flack/Carlock), LLC, with conditions to be place within a
development agreement shown within their Findings of Fact and Conclusions of Law document,
dated December 3,2007.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications came before the Eagle City Council for their consideration on
December 11,2007, at which time public testimony was taken; the Council continued the public
hearing to December 18,2007, at which time public testimony was taken, and the public hearing was
closed. The Council remanded the application to staff and requested a revised more detailed concept
plan be provided showing transitioning of lots adjacent to the northern and eastern boundaries with a
senior housing component adjacent to the eastern boundary. The applications were re-noticed for two
separate public hearings. The revised application concept plans came before the Eagle City Council for
their consideration on August 12,2008, and September 23.2008. The Council continued both public
hearings to October 14,2008. The applications were again re-noticed and came before the Eagle City
Council for their consideration on October 14, 2008, and October 28, 2008, at which time public
testimony was taken; the public hearing was closed and the Council continued the items to November
18, 2008, for deliberation. The rezone application was re-noticed for a public hearing to allow for
testimony regarding the development agreement associated with project. The development agreement
came before the Eagle City Council for their consideration on December 9, 2008, at which time public
testimony was taken regarding the development agreement. The public hearing was closed and the
Council directed staff to address the transitioning concerns adjacent to the eastern boundary. The item
was continued to January 13,2009, for final action. The Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative ).
C. Oral testimony in opposition to this proposal was presented to the City Council by fifteen (15)
individuals who expressed the following concerns:
1. Proposed density is inappropriate for the area.
2. The infrastructure for the area is inadequate (transportation, water, sewer, schools, fire, police,
etc.).
3. Lack of large lots which would promote equestrian uses.
4. Schools in the area will not meet enrollment needs.
5. Proposed commercial area does not comply with the Comprehensive Plan for the location of the
Village Center.
6. Location of access points to West Beacon Light Road.
7. Excessive commercial area adjacent to West Beacon Light Road.
8. Access should be provided to the properties north of the project.
9. The current economic market will not support the development.
10. Water concerns regarding the availability of potable and irrigation water.
11. The existing floodplain located in the eastern portion of the property.
12. Pathway planning and access to the proposed public park.
13. Property taxes increasing due to the increased of property value in the area.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE:
On December 9,2008, the Council voted 3 to 1 (Shoushtarian against) to approve A-16-07 & RZ-
23-07 for an annexation and rezone from RUT (Rural Urban Transition - Ada County
designation) to MU-DA (Mixed Use with a development agreement in lieu of a PUD) subject to
finalizing the development agreement for Terra View for SB/CH Land Company (Flack/Carlock),
LLC. The Council instructed staff to work with the applicant to address the concerns ofthe
Council regarding transitioning of lots adjacent to the eastern boundary prior to approving the
development agreement for the project.
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COUNCIL DECISION REGARDING THE DEVELOPMENT AGREEMENT:
On January 13,2009, the Council voted 2 to 2 (Shoushtarian and Huffaker against, Mayor Bandy
in favor) to approve the development agreement as presented at the December 9,2009, hearing for
Terra View for SB/CH Land Company (Flack/Carlock), LLC, with the following conditions to be
placed in the development agreement with underline text to be added by the Council:
3.1 All development within the Property shall be consistent with the Eagle Architecture and
Site Design Book and be generally consistent with the proposed Plan depicted in Exhibit A attached. The
Plan describes the general nature and relative location of certain elements for the Property. It is the intent
of this Agreement is to allow sufficient flexibility at the time a detailed plan and platting are submitted to
Eagle, while maintaining the general intent of the Plan with the requirements set forth in this Agreement.
3.2 Applicant shall develop the Property subject to the conditions and limitations set forth in
this Agreement. Applicant shall also submit such applications regarding design review, preliminary and
final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications
as may be required by the Eagle City Code in effect as of the Effective Date of this Agreement. Applicant
shall submit a preliminary plat for all or a portion of the Property within three (3) years of the Effective
Date. An approved preliminary plat shall expire two (2) years following action by Eagle City Council, or
after any additional period of time as may be approved by Eagle City Council, not to exceed an additional
three (3) years, which approval shall not be unreasonably withheld. All preliminary plat applications must
be submitted within fifteen (15) years after the initial preliminary plat has been approved by Eagle City
Council. A final plat application must be submitted to Eagle prior to the expiration of the applicable
preliminary plat. In the event that final plat applications in connection with portions of a preliminary plat
are submitted in an orderly and reasonable manner in intervals not to exceed one (1) year following the
recordation of the last final plat, such final plat applications shall be considered for final approval without
resubmission of the preliminary plat for approval. A final plat shall be recorded in two (2) years following
Eagle City Council action on the final plat; provided however, Eagle City Council may approve the
extension of such two (2) year period, which approval shall not be unreasonably withheld, for a period of
time not to exceed three (3) years to facilitate the completion improvements required by the applicable
sections of Eagle City Code. As part of its consideration to extend the time frame in this Section, Eagle
City Council may require Applicant to adhere to subdivision ordinances and resolutions in effect at the
time the extension is requested.
3.3 Except as otherwise provided within this Agreement ,Applicant shall comply with the
Eagle City Code in effect as of the Effective Date of this Agreement (excluding building codes adopted
after the Effective Date), including, without limitation, applications for development permits as required
by Title 10, Flood Control, Eagle City Code; provided, however, if, following the Effective Date, the
permitted uses of the MU-DA zone are expanded, such expanded uses shall be allowed in Terra View and
included in this Agreement.
3.4 The approximate 287.6 acre site of Terra View shall consist of approximately 241.67 acres
of residential use (single-family and multi-family units) and approximately 46.0 acres of non-residential
uses as described below.
3.4.1 Village Planning Area. Situated at the Northeast comer of Highway 16 and
Beacon Light Road, this portion of the Property is located within the Village Planning
Area pursuant to the Eagle Comprehensive Plan (Chapter 6.8.3). Applicant agrees that
all land uses to be utilized on the Property shall be compatible with the Village Planning
Area, Village Center, and Community Commercial areas as identified in the
Comprehensive Plan emphasizing mixed uses of residential and commercial
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development that provides for a transition of density within this portion of the Property.
Residential and non-residential development shall emphasize pedestrian-friendly
development.
3.4.1.1 Residential development shall consist of single-family homes,
apartments, town homes, condominiums and patio homes with a range of densities
and with density generally decreasing as the area radiates out from the Village
Center/ Community Commercial.
3.4.1.2 Commercial development in the Village Planning Area should strive to
enhance vehicular trip capture minimizing high traffic generating uses. The
Village Planning Area specifically seeks to provide: retail commercial; hospitality;
civic uses; and a research and development/educational campus and/or corporate
park area designed to provide sufficient space for corporate headquarters in a
park-like setting near ancillary commercial uses located in the Village Center.
3.4.2 Non-Residential (Commercial) Mixed Use. Commercial uses shall be
limited to those uses that complement or are ancillary to the Village Center corporate
campus and are otherwise limited to the following uses:
· Bar
· Coffee Shop
· Childcare Daycare Center
· Food and Beverage Sales (hours limited to 7am to lOpm)
· Grocery Store (not to exceed 55,000 square feet)
· Fuel Service
· Hospital
· Live Entertainment Events
· Massage/ Spa
· Office: Business, Professional and Medical
· Professional Activities
· Restaurant (hours limited to 7:00am to 11 :OOpm)
· Retail Sales Limited
· Retail Sales (pharmacy and medical)
· Travel Services
· Theater (movie)
3.4.2.1 Except as described in Section 3.4.2 above, no single retail tenant on the
Property shall exceed twenty- five thousand (25,000) square feet in building
footprint area without a conditional use permit. A Grocery Store exceeding
55,000 square feet shall require a Conditional Use Permit.
3.4.2.2 Non-residential (commercial) mixed uses with limited hours of
operation/hours of delivery listed in Section 3.4.2 above may obtain expanded
hours of operation/hours of delivery through the modification of this Agreement.
3.4.2.3 Notwithstanding the allowed uses set forth in Section 3.4.2 above, no
portion of the Property shall be used for any of the following uses:
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· All Industrial Uses
· Outside Storage
· Adult Business
· Automotive, Mobile Home, Travel Trailer, and/or Farm
Implement Sales
· Cemetery
· Drive-in Theatre
· MortuarylFuneral Home
· Storage (fenced area)
3.4.3 Residential Development.
3.4.3.1 The total residential area shall be approximately 241.67 Acres (inclusive
of open space) representing 84.0% of the Property. The maximum density for the
Property shall be approximately 2.99 dwelling units per acre with a maximum of
722 dwelling units conceptually depicted on the lot layout plan of Exhibit D
attached hereto and made a part hereof Residential portions of the Property shall
not require a conditional use permit.
3.4.3.2 Residential development shall emphasize transitioning with multi-family
dwellings adjacent to mixed use non-residential development. Single-family
residential lots shall be no less than Seventeen Thousand (17,000) square feet in
size adjacent to the northern boundary ofthe Property.
3.4.3.3 All non-residential (commercial) mixed uses may be subject to
reasonable dark-sky lighting, noise, or related limitations at the design review
approval stage to address additional concerns that may arise.
3.5 The Village Planning Area shall consist of a boulevard that shall include medians,
sidewalks and limited signalization similar to Harrison Boulevard in Boise. Applicant shall work with Ada
County Highway District ("ACHD") and Eagle through the Transportation Land Use Integration Plan
("TLIP") to establish cross sections for Beacon Light Road and Palmer Road that are unique to the Eagle
Wine District Overlay.
3.5.1 Applicant acknowledges that its access point to Beacon Light Road
eventually shall be coordinated with the access point to Beacon Light Road with the
property owner south of Beacon Light Road as depicted on the Plan. (Village Gateway
access).
3.5.2 In the event ACHD determines that a Park & Ride facility is desired by
ACHD at a location on the Property, Applicant shall cooperate with ACHD in connection
with ACHD's purchase of property and development of the public Park & Ride facility.
Such facility shall not exceed 1.5 acres in size and shall be located at a location mutually
acceptable to Applicant and ACHD.
3.6 Eagle hereby acknowledges that the typical housing styles and lot layout plan depicted on
Exhibit D represent Applicant's concept for Terra View. Eagle and Applicant acknowledge that changes
in the concept may occur; provided, however, changes shall substantially conform to the Plan and
limitations described herein. Applicant also understands and agrees that any changes regarding
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development of Terra View shall be in conformance with the Terms of this Agreement and any other
decisions made by the City Council on any subsequent applications filed by the Applicant.
3.7 All multi-family structures shall comply with Eagle City Code Section 8-2A and shall
receive approval from the Eagle Design Review Board and Eagle City Council prior to the issuance of any
building permits.
3.8 Dimensional standards and respective setbacks within Terra View shall be as follows:
5,000 sq. ft. lots (with alley):
Front: 10 feet
Rear: 20 feet (measured from edge of pavement)
Side: 5 feet
Street Side: 15 feet
Maximum Lot Coverage: 40%
5,000 sq. ft. lots (no alley):
Front: 10 feet - living area / 20 feet front-load garage to back of sidewalk
Rear: 20 feet
Side: 5 feet
Street Side: 15 feet
Maximum Lot Coverage: 40%
Active Adult:
Front: 10 feet - Living area / 20 feet front-load garage to back of sidewalk
Rear: 5 feet
Side: 5 feet
Street Side: 15 feet
Maximum Lot Coverage: 40%
8,000 sq. ft. lots:
Front: 15 feet - living area / 22 feet front-load garage to back of sidewalk
Rear: 15 feet
Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total
of 12 feet between each dwelling unit)
Street Side: 20 feet
Maximum Lot Coverage: 32%
12,000 sq. ft. lots (less than 75 feet of frontage):
Front: 15 feet - living area / 22 feet front-load garage to back of sidewalk
Rear: 15 feet
Side: 5 feet
Street Side: 15 feet
Maximum Lot Coverage: 31 %
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12,000 sq. ft. lots (greater than 75 feet of frontage):
Front: 15 feet - living area / 22 feet front-load garage to back of sidewalk
Rear: 15 feet
Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total
of 12 feet between each dwelling unit)
Street Side: 20 feet
Maximum Lot Coverage: 21 %
17,000 sq. ft. lots:
Front: 15 feet - living area / 22 feet front-load garage to back of sidewalk
Rear: 25 feet
Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total
of 12 feet between each dwelling unit)
Street Side: 20 feet
Maximum Lot Coverage: 21 %
21,000 sq. ft. or larger lots:
Front: 15 feet - living area /22 feet front-load garage to back of sidewalk
Rear: 25 feet
Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total
of 12 feet between each dwelling unit)
Street Side: 20 feet
Maximum Lot Coverage: 16%
Mansion-style homes:
Front: 10 feet
Rear: 10 feet
Side: 5 feet (10 feet between structures)
Street Side: 6 feet
Maximum Lot Coverage: 51 %
3.9 The Property shall comply with all parking requirements pursuant to the Eagle City Code
in effect as of the Effective Date of this Agreement.
3.10 Except for the limitations and allowances expressly set forth above and the other terms of
this Agreement, the Property may be developed on a phase by phase basis and used consistent with the
Mixed Use land uses allowed by Eagle City Code, and Eagle's Official Schedule of District Use
Regulations existing as of the Effective Date, a copy of which is attached hereto as Exhibit E and made a
part hereof.
3.11 A letter of approval shall be provided to the City from the Eagle Sewer District indicating
that the property has been annexed into the Eagle Sewer District's service boundaries at the time of
submitting the first preliminary plat application. A letter of approval shall be provided to the City from
the Eagle Sewer District approving the construction plans prior to submittal of the respective final plat
application. In the event that Eagle Sewer District cannot serve the property, Applicant and Eagle shall
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meet to evaluate and in good faith timely arrive at a mutually-agreeable wastewater treatment and disposal
alternative.
3.12 Applicant shall provide a report or analysis of any proposed changes to wetlands located
on the Property. Any such change shall be contingent upon approval by the applicable federal, state and/or
local agencies, and shall be in accordance with the applicable sections of Eagle City Code. Applicant
agrees all development and improvement of the Property shall comply with all applicable laws and
regulations pertaining to regulated wetlands.
3.13 Applicant shall provide an on-site, tree lined landscape strip along State Highway 16 and
Beacon Light Road, including a ten (10) foot wide bicycle/pedestrian pathway within the landscape
common lot as generally depicted on Exhibit A. The width of the landscape strip in various locations
shall be as depicted on Exhibit A. The landscape, including street trees and pathways, shall be reviewed
and approved as required by applicable Eagle City Code provisions and as set forth as follows:
3.13.1 A seventy-five (75) foot wide common lot shall be provided adjacent to
residential areas along State Highway 16 and shall include a minimum ten (10) foot high,
maximum twelve (12) foot high, berm/wall combination with extensive landscape to
provide a buffer. All buffers should be located within a common lot outside of the one
hundred (100) foot setback from centerline for right of way dedication to the Idaho
Transportation Department ("ITD").
3.13.2 A fifty (50) foot wide common lot shall be provided adjacent to residential
areas along Beacon Light Road and shall include a minimum five (5) foot high, maximum
eight (8) foot high, berm/wall combination with extensive landscape to provide a buffer.
3.13.3 The Property shall be designed to allow for a public roadway connecting this
site to the adjacent site to the east and to the Village Gateway development to the south.
Approved access points are subject to approval by ITD and ACHD, as applicable, and
Applicant must provide all necessary approvals and/or license agreements.
3.14 Building placement shall be designed such that parking areas are not concentrated
between the buildings and roadways of a collector status or higher. All buildings shall be provided with
architectural design elements and architectural relief in keeping with the proposed architectural styles
contained in Exhibit F, attached hereto and incorporated herein.
3.14.1 All structures within Terra View shall be constructed utilizing "Tuscan"
style architecture. Commercial/retail buildings, single-family residential, multi-family
residential units, active adult residential units and common area amenities shall be required
to meet the design review requirements as set forth in Eagle City Code and the Eagle
Architecture and Site Design book. Eagle Design Review Board in effect as of the
Effective Date and Eagle City Council approval of the detailed architectural plans is
required prior to the issuance of building permits for commercial/retail buildings, multi-
family residential units, common area amenities, pumphouse for irrigation, and gazebos.
To assure compliance with this condition, Applicant shall create an architectural control
committee ("ACC") as a component of Terra View's restrictive covenants ("CC&Rs").
Provisions regarding the creation and operating procedures of the ACC shall be included
in the CC&Rs, and shall be reviewed and reasonably approved by the Eagle city attorney
prior to the approval of the first final plat.
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The submittal of the building permit application to Eagle for each building within the
development shall be accompanied by an approval letter from the ACC. Building permit
applications that do not have an approval letter attached will not be accepted.
3.15 Pathways and pedestrian/bicycle public access connecting the public roads to residential
areas and commercial areas shall be provided consistent with Eagle City Code to be reviewed by the Parks
and Pathway Development Committee or other appropriate recommending body of Eagle prior to
preliminary plat approval.
3.16 Applicant shall provide a private community park approximately 7 acres in size as
conceptually depicted on the Plan and as depicted on Exhibit G, attached hereto and incorporated herein.
Applicant shall develop an approximately 21 acre public park recommended for approval by the Parks &
Pathway Committee on March 19, 2008 as conceptually depicted on Exhibit G, which park shall be
dedicated to Eagle.
3.17 Applicant acknowledges that the Property is located within the Eagle Municipal Water
Service Area and compliance with applicable sections of Eagle City Code shall be required. If there are
any conflicts between such applicable sections of Eagle City Code and this Agreement, this Agreement
shall control. It is the purpose and intent of Eagle and Applicant for Applicant to develop the Water
System, defined below, and convey same to Eagle for Eagle to provide municipal water service to Terra
View. In connection with the review of the first preliminary plat application, Applicant and Eagle shall
work together in good faith to develop a plan and time line to provide municipal water to Terra View and
payment of the "Water Construction Equivalency Fee", as such term is defined in Eagle City Code. Prior
to Eagle's execution of any final plat, Eagle and Applicant shall, in good, faith, reconcile the costs
expended by Applicant in connection with the Water System and any Over-sized Water Facilities, defined
below, such that Applicant shall be given credit against the Water Construction Equivalency Fee due and
owing by Applicant and associated with any portion of the Property being final platted, or by executing a
Water Reimbursement & Latecomers Agreement, defined below, between Eagle and Applicant.
Applicant shall construct the municipal water conveyance system within Terra View for municipal
water as required to serve Terra View, hereinafter referred to as the "Water System", on a phase by phase
basis. The phasing of Terra View may dictate the location and construction of the Water System
components but such construction shall follow Eagle's water system facility plan or its equivalent at the
time of construction. In designing and constructing the Water System, Applicant shall consult regularly
with Eagle and construct the Water System to Eagle's standards. Wherever feasible, Applicant and Eagle
agree to cooperate as appropriate on development and operation of facilities that may include, without
limitation, production wells, storage reservoirs, emergency back-up power generators, and similar
facilities.
As part of the construction of the Water System and conveyance to Eagle, Applicant and Eagle
shall cooperate to the greatest extent practicable to ensure that all municipal water rights necessary to
serve Terra View are secured by Applicant for the Water System and that the Water System can be
permitted and operated in conjunction with existing and planned water facilities of Eagle. Applicant shall
transfer, conveyor assign (on a phase by phase basis) municipal water right(s) to Eagle for inclusion in
Eagle's municipal water supply system; provided, however, Applicant is not required to conveyor assign
more water right(s) than necessary to serve Terra View. Eagle shall cooperate with Applicant, at no cost
to Eagle, to assist Applicant in Applicant's obtaining all permit(s) and licenses for municipal water rights
sufficient to serve the Property as the Property is developed in accordance with this Agreement. Any
engineering, legal or other costs actually incurred by Eagle directly related to Eagle's assistance to
Applicant in securing the municipal water rights and the design and construction of the Water System
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shall be reimbursed to Eagle by Applicant upon receipt of an invoice from Eagle. As part of the
conveyance of any phase or portion of the Water System to Eagle, Applicant shall provide Eagle with all
applicable as-built drawings, operation and maintenance manuals, operation records, and water right
records and other necessary information.
Eagle shall not issue any vertical building permits for any phase prior to Applicant's completion of
the components of the Water System, or other measure(s) agreed to by Eagle Fire District or Star Fire
District, as applicable, sufficient to provide fire protection for that phase of Terra View.
Alternative methods of compliance to meet fire protection requirements during construction may
be agreed upon between the Applicant and Eagle. Eagle shall not issue any certificates of occupancy for
any phase of Terra View prior to Applicant's completion of the Water System for service of that phase of
Terra View or if any uncontested outstanding invoice from Eagle pursuant to this Section has not been
paid. In the event an invoice is contested, Applicant shall place in escrow an amount of money sufficient
to pay such invoice pending resolution through good faith mediation between Eagle and Applicant. If the
result of such mediation is unsatisfactory to Eagle andlor Applicant, then any party may avail itself of any
legal or equitable remedy available to such party under Idaho law.
3.18 Without limiting the foregoing, Applicant hereby grants to Eagle a right of first offer to
purchase Applicant's additional ground or surface water rights (if any), subject to the terms set forth
herein. If, at any time after the date of this Agreement, Applicant desires to sell such additional ground or
surface water rights, Applicant shall give Eagle written notice (the "Offer Notice") of the possible sale of
such water rights. The Offer Notice above shall include, without limitation, the price of the ground water
rights and the projected closing date for the sale. Eagle shall have forty-five (45) days to consider the
Offer Notice. If Eagle chooses to purchase the ground water rights pursuant to the terms in the Offer
Notice, Eagle shall deliver notice of its intent to so purchase within the forty-five (45) period, and the
transaction shall proceed as outlined in the Offer Notice. If Eagle fails to give notice during the forty-five-
(45) day period, Eagle's right of first offer shall terminate, and Applicant shall be free to close a sale to a
buyer on the open market. Under no circumstances shall Applicant have any obligation to provide Offer
Notice if Applicant is selling or transferring such additional ground water rights, in whole or in part, in
connection with a transfer to any lender, parent, subsidiary or affiliate of Applicant, or transfers to any
owners' association associated with Terra View or to any entity owned by Applicant or in which
Applicant holds a membership or ownership interest, as applicable. Eagle's right of first offer shall
continue in full force and effect for fifteen (15) years from the Effective Date, unless this Agreement is
otherwise terminated as provided herein, in which event Eagle's right of first offer shall automatically
terminate.
3.19 If the Water System being constructed by Applicant is larger than needed to serve Terra
View at its full build-out, and it has reasonably been determined by Eagle to benefit properties other than
the Property, or if Eagle reasonably requires Applicant to develop a portion of the Water System in excess
of that necessary to serve Terra View so as to allow Eagle to serve other properties (collectively, the
"Over-sized Water Facilities"), Eagle and Applicant shall, in good faith, enter into a reimbursement and
latecomers agreement describing the amount and method of repayment of such additional costs of only
the Over-sized Water Facilities to Applicant. In the event Eagle reasonably determines that Eagle cannot
directly reimburse Applicant for all or a portion of costs in connection with the Over-sized Water
Facilities, Applicant shall receive a credit for such costs against the Water Construction Equivalency Fee
due and owing by Applicant if allowable by law and Eagle City Code. The Applicant and Eagle shall
enter into a "Water Reimbursement & Latecomers Agreement" to address the repayment of the Over-sized
Water Facilities through a latecomers charge to other benefited properties. Such Water Reimbursement &
Latecomers Agreement shall have a duration of sufficient time following completion of the portion of the
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Water System for which reimbursement is sought with such time to be mutually agreed between Applicant
and Eagle, but in no event less than ten (10) and no more than twenty (20) years. Such Water
Reimbursement & Latecomers Agreement shall provide, in part, that: (a) interest be paid to Applicant at a
rate negotiated by the parties in connection with the negotiation of the Water Reimbursement &
Latecomers Agreement; (b) Eagle shall retain from the service connection charges collected from such
other benefited property owners an administrative fee for handling the accounting, auditing, and payment
of the reimbursement payments to be made to; and, (c) the Water Reimbursement & Latecomers
Agreement shall be binding on Applicant and Eagle and their respective su~cessors and assigns.
3.20 Upon development and conveyance of the Water System to Eagle, Eagle shall be
responsible for the operation and maintenance of the Water System and Eagle shall provide water service
to the Property in quantity and quality sufficient to satisfy the municipal water needs of Terra View as and
when required in connection with the development of the Property, subject to any water disruption or
degradation of water quality or quantity that is outside the control of Eagle and further subject to Eagle's
reasonably enacted and imposed standard terms and conditions of delivery. All water service using the
Water System shall be metered. Eagle shall receive no fee for water service until, and only if, Eagle
accepts ownership of, and operational and maintenance responsibility for the Water System, after which
time Eagle shall be entitled to collect such fees for water service. The plan and time line to be developed
by Eagle and Applicant as provided in Section 3.17 above shall include, without limitation, construction
timetables for the Water System and address any changes in Eagle's water system facility plan that may
negatively affect Eagle extending water service to the Property. In the event Eagle reasonably determines
that water service cannot timely be extended to the Property, Eagle shall give Applicant reasonable notice
of that official action. "Official action" means a decision by the Eagle City Council made at a duly
noticed City Council meeting.
3.21 Applicant shall secure sufficient water rights or shares for irrigation and aesthetic needs of
Terra View. The method of providing irrigation water shall be at the discretion of Applicant so long as an
adequate system and source of supply is provided to serve Terra View on a phase by phase basis. If
Applicant so requests, Eagle shall give good faith consideration to establishing a municipal irrigation
system to maintain and serve irrigation water to Terra View. Applicant shall develop water conservation
criteria for landscape and irrigation and the criteria shall be submitted prior to any preliminary plat
approval. Eagle shall not execute the applicable final plat for any phase prior to Applicant's completion
of the main irrigation facilities, including sufficient irrigation water rights or shares for service to such
phase.
3.22 The Property is located within both the Eagle Fire District and the Star Joint Fire
Protection District and, therefore, Applicant shall work with both the Eagle Fire District and the Star Joint
Fire Protection District for all fire service/protection issues as it applies to the respective Fire Districts;
provided, however, nothing in this Section 3.24 shall limit Applicant's ability to annex into one fire
district so long as Eagle Fire District, Star Joint Fire Protection District and Applicant working in good
faith reach agreement in a recorded Memorandum of Understanding or as otherwise allowed under Idaho
Law.
3.23 Applicant shall comply with all requirements of ACHD and/or ITD, as applicable,
including, but not limited to, access approaches on Beacon Light Road, and locating the interchange at the
intersection of Beacon Light Road and State Highway 16, proposed internal road locations, and road
design.
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3.24 All private roads and/or private rights-of-way within the Property, if any, shall be
constructed by Applicant to ACHD standards and owned and/or maintained by Applicant and/or an
owners' association; provided, however, in certain areas, Applicant may seek approval on a phase by
phase basis from Eagle to install private roads which are not to ACHD standards. Applicant reserves the
right to seek approval to limit access to private roads in the Property through access control structures
and to determine the location of curb cuts, provided a qualified engineer determines that their location
does not present a significant hazard. Applicant may seek Eagle approval to install access control
structures within the medians of the private roads and/or private rights-of-way at any portion of the
Property. Applicant shall grant to the appropriate service providers license for police, fire, ambulance,
garbage collection, water or sewer line installation and repair, and other similar public purposes, over such
private roads and/or rights-of-way. Application for private streets shall be made to Eagle as allowed under
Eagle City Code Titles 8 and 9 at the same time as a preliminary plat application is made which includes
one or more private road(s). Nothing herein implies or otherwise approves any private roads on the
Property.
3.25 Applicant has been and shall continue to participate in the Northwest Foothills
Transportation Study (the "Study") sponsored by ACHD, which Study utilizes land use plans, including
Eagle's Comprehensive Plan, and involves the coordination between ACHD, Eagle and Applicant (as well
as other landowners). The Study is projected to identify ACHD transportation system alternatives.
Adopted recommendations of the Study that do not materially affect the design ofthe ACHD
transportation system within the Property, as determined by Applicant in Applicant's reasonable
discretion, shall be incorporated by Applicant into the preliminary plat for Terra View.
3.26 Applicant shall work with the property owners to the north of the Property to protect their
existing access easement adjacent to the western boundary of the Property or to ensure ingress/egress is
maintained to the property north of the Property in proximity to the existing access easement.
3.27 Until Applicant has submitted to Eagle preliminary plats covering at least fifty (50)
percent of the Property, Applicant shall meet with Eagle within sixty (60) days of the anniversary of the
Effective Date to review compliance with the Agreement and Applicant-requested extensions, if
applicable, which request(s) shall not be unreasonably withheld, and confer on any pending development
issues.
3.28 The Applicant shall provide a buffer area adjacent to the eastern boundary of the
development which is commensurate to the buffer area requirements pursuant to Eagle City Code Section
8-2A-7(J)(4)(b). The buffer area shall be reviewed and approved bv the Design Review Board and City
Council prior to approval of a final plat for the "active adult" area (as identified on Exhibit A) adjacent to
the eastern boundary of the development. The construction of the "active adult" area shall not occur until
2/3 of the residential development for the remaining portion of the project is complete.
CONCLUSIONS OF LAW:
1. Neighborhood Meetings were held from 6:00 to 7:00 PM, April 23, 2007, and June 13,2007, at
the City of Eagle Library in compliance with the application submittal requirement of Eagle City
Code. The application for this item was received by the City of Eagle on October 24,2007.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on October 29, 2007. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on October 26, 2007. Requests for
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agencies' reviews were transmitted on October 25, 2007, in accordance with the requirements of
the Eagle City Code. The site was posted in accordance with the Eagle City Code on November 2,
2007.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
November 26,2007, July 28,2008, September 29,2008, and November 17,2008. Notice of this
public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on November 21, 2007, July 28, 2008, September 19, 2008, and November 14, 2008. The
site was posted in accordance with the Eagle City Code on December 3, 2007, August 1, 2008,
October 6, 2008, and December 2, 2008.
3. The Council reviewed the particular facts and circumstances of this proposed annexation and
rezone with development agreement (in lieu of a PUD) (A-16-07/RZ-23-07) and based upon the
information provided concludes that the proposed development is in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
a. The proposed timing of the development of the site is addressed with Condition of
Development 3.2 within the development agreement and subsequent preliminary and final
plat time lines are also addressed. The phasing of the project will be based on market
conditions and location of utilities. The first preliminary plat for all or a portion of the site
will be required to be submitted by 2012.
b. That the proposed development is in the public interest, advances the general welfare of
the community and neighborhood, and will not be detrimental to the economic welfare of
the community because;
The Comprehensive Plan designates this area as a Village Center and Community Center
and the goals of these designations are to provide some commercial and employment
opportunities as well as a residential component.
c. That the development be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of the
general vicinity and how such use will not change the essential character of the same area.
The development is designed with mixed use commercial areas along West Beacon Light
Road with higher density housing directly adjacent to the mixed use area based on the
Comprehensive Plan. The residential lot sizes will transition to the north, so that larger lots
are adjacent to the northern boundary and an "active adult" area adjacent to the eastern
boundary. There is a minimum of 20% open space throughout the Terra View
development. The open space will be a mix of active and passive open space.
d. That the development will not be hazardous or disturbing to existing or future
neighborhood uses because;
The properties along West Beacon Light Road are in transition. This area is transitioning
from agricultural to residential and commercial. The Hormaechea property to the southeast
was recently annexed and rezoned as a mixed use area with residential densities up to four
(4) units per acre.
The properties to the north are currently using an access easement that gives the residents
direct access to SH-16. The concept plan currently shows a road that takes access from
West Beacon Light Road along the western boundary. This road will continue to provide
access to the northern neighbors and by removing their direct access to SH-16 and shifting
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it to West Beacon Light Road, their access and ability to pull their horse trailers is much
safer. As the project moves into the preliminary plat, the developer will continue to work
with the neighbors to ensure their access is provided.
e. That the development does not involve uses, activities, processes, materials, equipment,
and/or conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or
odors.
This area is intended for employment centers and retail uses; no industrial uses are
allowed. Therefore, no uses are permitted that would emit excessive noise, smoke, fumes,
glares, or odor. The developer will work with ACHD to ensure roadway improvements are
constructed to help mitigate effects of traffic generated from this project.
f. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water
and sewer, and schools because;
Roads
The development is located at the intersection of the SH-16 and West Beacon Light Road.
Pursuant to the Conditions of Development to be placed in the development agreement the
developer is required to work closely with ITD and ACHD in planning for the anticipated
interchange at that intersection. The project will have three (3) access points to West
Beacon Light Road. With this development, the Palmer Road/Homer Road realignment
will be completed. This project has been identified by the City and ACHD as a priority to
address the road spacing issues that currently exist along West Beacon Light Road.
Fire
The project is located within both the Star and Eagle Fire District service areas with the
majority of the area located in the Star Fire District. The developer has spoken with both
Districts and agreed to pay a mitigation fee per household. Both fire departments have
indicated that there is the capability to serve the property.
Police
The property will be served by the Eagle Police Department.
Schools
With the proposed developments in the area there is a need for an elementary school (as
indicated in correspondence from Joint School District No.2, dated December 5, 2007).
The developer has met with Joint School District No.2 and as agreed to a contribution to
help pay for the acquisition of a school site in the area. The district is currently looking at
options east and south of this site.
Water
Domestic water for Terra View will be provided by partnering with the City of Eagle to
become part of their municipal water system. The requirements of becoming a part of the
City of Eagle Municipal Water System are included in the development agreement.
Terra View is within the Farmers Union Ditch Company jurisdictional boundaries. The
property has surface irrigation water rights that will be used for the pressurized irrigation
system and pond water storage. The storage pond(s) would be used to stabilize the peak
irrigation demands and for aesthetic purposes. There will be no hydraulic connection
between the potable water and pressurized irrigation water systems. The pressurized
irrigation system will be designed in accordance with City of Eagle standards.
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Sewer
Terra View will pursue annexation into the Eagle Sewer District. The Sewer District is
currently constructing a regional lift station south of the Hormaechea property. The
developer will continue to work with the District to coordinate the necessary
improvements to include a gravity sewer main to be extended south to the regional lift
station as required within the development agreement.
g. That the development will not create excessive additional requirements at public cost for
public facilities and services;
The cost of construction of and extension of services will be borne by the developer at no
cost to the tax payer (pursuant to the conditions of development within the development
agreement). The roads will be constructed by the developer to ACHD standards and
dedicated to the public. In addition, the developer is working with ACHD regarding
extraordinary impact fees to help mitigate the impact the development will have on the
existing roads and intersections in the area. The revenue generated in property taxes and
water and sewer fees will cover the cost of public services. For services such as fire and
schools, the developer has agreed to pay a mitigation fee to both districts to help pay for
the costs incurred by the districts until such time that the property taxes generated by the
project are collected.
h. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be
provided in a non-PUD proposal because;
Open space areas will be provided throughout the development including a large
park/recreation area at the central entrance to the property. This park will provide an open
view into the property for visitors and residents alike. The drainage corridor on the eastern
boundary will be developed into a public park to be donated to the City. Pathways and
trails will be an integral part of the community connecting the residential, commercial, and
open space areas together. The drainage area contains a floodplain, and prior to
development of this area, a floodplain development permit will be required to be reviewed
and approved by the City.
i. That the vehicular approaches to the property are designed to not create an interference
with traffic on surrounding public thoroughfares because;
The proposed road alignments meet the ACHD spacing requirements between Hartley
Road and Palmer Road by showing an alignment with the existing Palmer Road
alignment. The proposed road is designed to run along the eastern edge of the Little Gulch
drainage and eventually connect to Hartley Road near the northeast comer of the property.
The other two access points will be built in accordance with ACHD standards. Where
possible, the developer will work with landowners to the south to match their
intersections.
J. That the development will not result in the destruction, loss, or damage of a natural, scenic
or historic feature of major importance because;
The property is currently used as a sod farm. The Little Gulch drainage runs through the
eastern portion of the development. The floodplain has been established and the
development has been designed to avoid this area, leaving open space in its place. The
drainage area itself will be left as a natural area, while the surrounding area will be
improved as developed park space. This would include a trail along the drainage corridor
to provide continuing connection to the proposed regional park to the north.
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k. That the proposed development will be harmonious with and in accordance with the
general objectives or with any specific objective of the Comprehensive Plan because;
Terra View is in general conformance with the Comprehensive Plan. The project site is
located at the northeast comer of State Highway 16 and West Beacon Light Road. The
City of Eagle Comprehensive Plan designates the properties in the vicinity of the
intersection for a variety of uses, including: Transitional Residential, Residential Two,
Village Center, and Community Center. The Village Center and Community Center
allows for commercial, office, and residential uses. Terra View provides mixed use areas
adjacent to the major roads and which will be adjacent to higher density residential.
I. That the proposed development will be harmonious with and in accordance with the
general objectives or with any specific objective of Eagle City Code Title 8 because;
This application requests approval for a development agreement in lieu of a PUD as
outlined in Eagle City Code and satisfies those requirements as well as will be required to
meet the conditions within the development agreement. In addition, the applicant will be
required to submit a design review application and will be required to comply with all
Eagle City Codes and conditions of approval of the design review.
m. That the benefits, combination of various land uses, and interrelationship with the
surrounding area for this proposed development justifies any proposed deviation from any
standard district regulations because;
The development provides for a mix of commercial and residential uses in proximity to
principal and minor arterials. The development also provides pathway connections, open
space, and a public park. The general components of this development are similar to the
Hormaechea development concept plan and development agreement and property adjacent
to the southeast.
n. The public services, that would be provided to the development include the following:
Fire
The project is located within two (2) fire districts and pursuant to the development
agreement the developer is required to work with both districts for all fire
service/protection issues as it applies to the respective fire districts.
Police
The project will be served by the Eagle Police Department.
Water
The project will be developed as part of the City of Eagle's Municipal Water System.
Sewer
The project will be required to annex into the Eagle Sewer District and comply with the
requirements of the Eagle Sewer District.
Road Construction
The construction of all interior roads and improvements of West Beacon Light adjacent to
the property will be completed by the developer. Upon completion the roads will be
dedicated to ACHD.
Parks and Open Space
The development will contain over 20% of passive and active open space providing
residents a variety of recreation options from which to choose. A system of interconnected
trails and pathways will provide pedestrians with a safe and efficient way to move
throughout the property. The applicant will also provide a public park which is included
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in the open space calculation.
Maintenance
The maintenance of any private open space areas will be regulated by the Terra View
Owner's Association. The roads will be maintained by ACHD. The sewer and water
systems will be publicly owned and maintained once installed.
Schools
The residents of Terra View are located in the Joint School District No.2 boundaries. The
developer is working with the school district to address enrollment concerns resulting
from the impacts of this development.
o. That the development will not create excessive additional requirements at public cost for
public facilities and services because the facilities and services will be constructed at the
expense of the developer as conditioned within the development agreement.
p. The estimated tax revenue generated to the City of Eagle from the residential units is
approximately $180,000 per year. The commercial portion will generate additional tax
revenue for the City of Eagle.
q. There are no anticipated public (or private) means of financing services for the
development if the cost for the public services would not be offset by the tax revenue
received from the development since the developer has agreed to pay mitigation fees to the
fire departments, school district, and ACHD to help offset the costs associated with the
development. The extension of public utilities and the construction of the roads will all be
borne by the developer at no cost to the public. Because the developer provides the
services in the initial stages of development the public service providers avoid potential
liability and expenses.
r. The proposed uses are appropriate with the residential uses since both the Village Center
and Community Center designations are intended to provide residents with a place to shop
and work. By creating this center, the City is encouraging residents to reduce the vehicle
miles traveled for everyday activities. The allowed uses are neighborhood commercial in
nature along with employment centers and civic uses. There will be no industrial uses
which would conflict with the residential uses.
s. The commercial uses are located and designed to take access internally to the site which
will limit the number of access points to West Beacon Light Road (a minor arterial). There
are three proposed collectors through the site. The commercial uses will be accessed from
the collector roads and the residential lots will not have direct access to the collector roads
pursuant to ACHD standards.
t. The proposed street connections will not create congestion or traffic hazards since the
developer is making access to the northern properties safer by providing a collector road
that connects to West Beacon Light Road rather than State Highway 16 for those
residents. The developer is also working with ITD to ensure that a grade separated
interchange can be accommodated adjacent to State Highway 16. The developer is also
required to work with ITD on any traffic improvements that may be warranted.
All three (3) access points to the property from West Beacon Light Road will be spaced
according to ACHD standards and will be built to accommodate standard vision triangles.
At preliminary plat, the developer will work with its traffic engineer and ACHD to
determine any improvements that may be necessary to ensure safe traffic movement.
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4. The Council reviewed the particular facts and circumstances of this proposed annexation and
rezone (A-16-07/RZ-23-07) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation ofMU-DA (Mixed Use with development agreement in
lieu of a PUD) is consistent with the Village Center, and Transitional Residential
designation as shown on the Comprehensive Plan Land Use Map and is consistent with
the Community Center designation as shown on the Foothills Future Land Use Map
contained within the Comprehensive Plan since conditions of development have been
placed in the development agreement to assure that the MU-DA (Mixed Use with
development agreement in lieu of a PUD) zone;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided at the time of development as conditioned in the development agreement, to
serve all uses allowed on this property under the proposed zone and development
agreement;
c. The proposed MU-DA (Mixed Use with development agreement) is compatible with the
RUT (Rural-Urban Transition-Ada County designation) zone and land uses to the south
since this area has the same Comprehensive Plan designation as this site, and is located
within the Village Planning Area and Community Center area and may be developed with
similar uses;
d. The proposed MU-DA (Mixed Use with development agreement) is compatible with the
RUT (Rural-Urban Transition-Ada County designation) zone and land uses to the east
since a buffer area will be required adjacent to the eastern boundary and that 2/3 of the
residential development in the overall project takes place prior to the development of the
"Active Adult" community east of the collector. The area east of the proposed
development also has the same Comprehensive Plan designation as this site, and may be
developed with similar uses;
e. The proposed MU-DA (Mixed Use with development agreement) is compatible with the
RUT (Rural-Urban Transition-Ada County designation) zone and land uses to the west
since a winery, golf course, and State Highway 16 provide a separation to the proposed
land uses within this development;
f. The proposed MU-DA (Mixed Use with development agreement) is compatible with the
RUT (Rural-Urban Transition-Ada County designation) zone to the north since this area
has the same Comprehensive Plan designation as this site, and may be developed with
similar transitioning uses;
g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan. Portions of the site are located within a
floodplain area. The development of the site will be required to meet the requirements of
Eagle City Code, Title 10, Flood Control or the applicant will be required to submit a
LOMR (Letter of Map Revision) removing the site from the floodplain through FEMA
(Federal Emergency Management Administration) and the City of Eagle; and
h. No non-conforming uses are expected to be created with this rezone pursuant to the
conditions placed within the development agreement.
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DA TED this 27th day of January 2009.
CITY COUNCIL
OF THE CITY OF EAGLE
A Idaho
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