Findings - PZ - 2009 - A-03-09/RZ-03-09 - Rz From Rut To R2-Da-P/78.13 Acre/1252 N. Emmett Hwy
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT (RURAL-URBAN TRANSITION) )
TO R-2-DA-P (RESIDENTIAL TWO UNITS )
PER ACRE MAXIMUM WITH A DEVELOPMENT)
AGREEMENT-PUD) FOR EAGLE SPORTS )
LEGENDS INVESTMENTS #2, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-03-09 & RZ-03-09
The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on June 18, 2009. The Eagle Planning and Zoning Commission having heard and taken
oral and written testimony, and having duly considered the matter, makes the following Findings of Fact
and Conclusions of Law;
STAFF FINDINGS OF FACT:
A. PROJECT SUMMARY:
Eagle Sports Legends Investments #2, LLC, represented by John Rennison, P.E., with
Rennison Fodrea, Inc., are requesting approval of an annexation and rezone from RUT
(Rural-Urban Transition-Ada County Designation) to R-2-DA-P (Residential two units per
acre maximum with a development agreement - PUD). The 78.13-acre site is generally
located on the southeast comer of State Highway 16 and W. Floating Feather Road at
1252 N. Emmett Highway.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:30 PM, Wednesday, March 18, 2009, at the
Legacy Sales Center located at 5086 West Olympic Park, Eagle, ID, 83616 in compliance
with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on March 20,2009.
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 May 4,2009. 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 May 1, 2009. The site was posted in accordance with the Eagle City Code on
May 6, 2009. Requests for agencies' reviews were transmitted on April 2, 2009, in
accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation and rezone with
development agreement for the Legacy Planned Unit Development (A-19-05/RZ-13-05).
Although this parcel was not annexed and rezoned with the Legacy Planned Unit
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Development the development agreement associated with the Legacy Planned Unit
Development (Instrument # 1 061161990) references this site as a future expansion parcel.
On September 18,2007, the Eagle City Council approved a modification to the
development agreement to provide a time schedule for the build out of the Academy Core
area located within Mosca Seca Subdivision located within the Legacy Planned Unit
Development for Idaho Development Services, Inc. (RZ-13-05 MOD I)
On February 19,2008, the Eagle City Council approved a modification to the Conditions
of Development and associated exhibits within the development agreement (Instrument
#106161990) for the Legacy Planned Unit Development for Idaho Development Services,
Inc. (RZ-13-05 MOD2)
E. COMPANION APPLICATIONS: All applications are inclusive herein.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up to RUT (Rural-Urban Transition Agriculture
two (2) dwelling unit per - Ada County Designation)
acre)
Proposed No change R-2-DA-P (Residential up to Residential (Expansion
two units per acre maximum parcel of proposed Legacy
with a development Planned Unit Development)
agreement - PUD)*
North of site Residential Two (up to RUT (Rural-Urban Transition Agriculture
two (2) dwelling unit per - Ada County Designation)
acre)
South of site Residential Two (up to R-2-DA-P (Residential up to Agriculture (Undeveloped
two (2) dwelling unit per two units per acre maximum portion of Legacy Planned
acre) with a development Unit Development)
agreement - PUD)
East of site Residential Two (up to R-2-DA-P (Residential up to Two residential homes and
two (2) dwelling unit per two units per acre maximum undeveloped portion of
acre) with a development Legacy Planned Unit
agreement - PUD) Development
West of site Mix-Use Development RUT (Rural-Urban Transition Agriculture
(City of Star - Ada County Designation)
Comprehensive Plan)
*Note - Site is recognized as an expansion parcel within the Legacy Development, RZ-I3-05, Instrument # 1 06161990
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
I. TOTAL ACREAGE OF SITE: +/- 78.13 acres
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J. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See letter date stamped by the City on March 20, 2009, submitted by the applicant's
representative (attached to the staff report).
K. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See letter date stamped by the City on March 20, 2009, submitted by the applicant's
representative (attached to the staff report).
L. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The Eagle Sewer District is currently constructing a regional sewer lift station located
within the Legacy Planned Unit Development and adjacent to Palmer Lane. This site is
also within the City of Eagle Municipal Water Service Area and pursuant to the
development agreement associated with the site the applicant will be required to acquire
and develop sufficient water rights and wells for the purpose of serving the development.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes - associated with Little Gulch and located at the northwest comer of the site
Mature Trees - yes - in proximity to the existing residence located at the southwest comer of the
site
Riparian Vegetation - yes - adjacent to the ditch banks
Steep Slopes - yes - adjacent to the ditch banks
Stream/Creek - yes - irrigation ditch
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - none
Wildlife Habitat - none
O. NON-CONFORMING USES:
The existing residence located on site is approximately thirty feet (30') from the property
line adjacent to State Highway 16. With the dedication of additional right-of-way for State
Highway 16, the structure will be located within the right-of-way. Also should the
annexation and rezone to R-2-DA-P (Residential two units per acre maximum with a
development agreement - PUD) be approved, an abandon hog farm with associated
structures on the property should be removed.
P. 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 - ACHD Planning Review staff provided site-specific
requirements, conditions of approval and street improvements, which the District may
require with future development applications. ACHD staff also addressed the realignment
of Floating Feather Road which will pass through this site.
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Central District Health Department - Indicated future development will be required to be
served by central sewer and central water and all septic tanks on site will need to be
properly abandoned.
Chevron Pipe Line Co. - Indicated there are no conflicts with the pipe line and they are
clear to dig.
Department of Environmental Quality - Requested that the water and sewer providers be
contacted to ascertain that there is adequate services in the area.
Star Joint Fire Protection District - Indicated that all questions or negotiations
concerning fire protection are to be addressed to them and indicated they do not oppose
the annexation or rezone.
Idaho Transportation Department - Indicated that SH-16 is under consideration for
extensive improvements. Access for the development should be from Floating Feather
Road with no direct access to SH-16 and the applicant should provide a 100' setback
from the centerline of SH-16. All pathways or sidewalks adjacent to the highway frontage
should be constructed by the developer.
Stoppello & Kiser (representing Middleton Mill Ditch Company, Middleton Irrigation
Association, and Foothill Ditch Company) - Indicated the applicant will need written
approval of the canal companies prior to any construction, alteration, and connection of
a pressurized irrigation system. The correspondence also indicates there should be no
improvements within the canal right-o.fway, which is generally twenty-five feet (25') on
each side of canal bank measured from the top of the ditch bank. The correspondence
also recommends that the right-o.fways be platted as common lots.
Q. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The Comprehensive Plan Land Use Map (adopted 11-27-07) designates this site as:
Residential Two
Suitable primarily for single family residential development within areas that are rural in
character. An allowable density of up to 2 units per 1 acre.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major
corridors and natural features through the city. These areas may require berming,
enhanced landscaping, detached meandering pathways and appropriate signage controls.
· Chapter 6 - Land Use
6.8.3 Floating Feather Residential Area
The Floating Feather Residential Area is designated as residential with limited ancillary
uses to be incorporated as allowed by the planned unit development standards. This area
should provide trails, open space, and parks in conjunction with varied housing options.
The overall density of the area is up to 1-2 units per acre.
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a. Uses
The land use and development policies specific to the Floating Feather Residential
Area include the following:
1. Integration of mixed residential lot sizes at an overall density of 1-2 units
per acre;
2. Ancillary neighborhood commercial and retail uses that focus on serving
the immediate Floating Feather Area;
3. Setbacks from streams, irrigation and drains for trails and open space;
b. Access
Access to the area from Highway 16 shall be limited to Floating Feather
Road and the YJ mile ring road to be located to the south of the area.
All uses shall rely on internal local road circulation and a proper street hierarchy
to safely and efficiently move traffic through the area without forcing local trips
onto the regional roadway network.
Floating Feather Road is identified as an urban collector from Highway 16
to Linder Road. Special consideration should be made for the improvement
and realignment of Floating Feather Road. Design standards should include
separated sidewalks and street trees similar to Old State Street west of Eagle
Road.
The Highway 16 corridor should be designated as a scenic corridor requiring
berming and landscaping within the City of Eagle.
At the western edge ofthis area, Linder Road will merge with the proposed
east/west boulevard. The boulevard should be designed to include street trees,
separated sidewalks and landscaped medians. Sufficient rights-of-way and
setbacks should be preserved to facilitate the construction of this roadway.
c. Design
This area should be recognized as the signature residential area for the Western
Planning Area. The integration of varying lot sizes and uses should be seamless
with continuity of street design, open space, trails and housing throughout that
area.
Floating Feather Road and State Highway 16 is designated as a minor
gateway to the City of Eagle with appropriate landscaping, entry features
and place-making features integrated into the design of the area.
Lot configuration and housing sizes should be mixed throughout the area to
provide a variety of housing options within a single neighborhood or
development.
d. Issues
The main concerns in the development of the area are the integration of varying
lot sizes and housing styles. The vision for the area is contingent on the
integration of uses and providing a flow of housing units throughout the area to
avoid creating defined separation from estate areas and patio home areas, for
example. Further, the provision of open space and trails through the area should
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be a key element in the approval process for developments that are proposed in
the area.
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 (except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a local
street), substantially open to the sky, exclusive of streets, commercial and
residential buildings, and shall be designated and intended as a usable and
convenient amenity for the residences of any proposed development.
Open Space, Active:
Common area which includes, but is not limited to, athletic fields, buildings or
structures for recreational activities including picnic areas, community garden,
courses or courts, children's play area, dog play area, and pathways, excluding
passive open space areas. Landscape buffer areas not required pursuant to
subsection 8-2A-7J of this title may be considered, in part, as active open space
provided a pathway or other active amenity is located within and incorporated into
the buffer area. Up to fifteen percent (15%) of the total area of water bodies (i.e.,
ponds) within a development may be considered active open space provided there
is a finding that the ponds employ active recreation capabilities such as fishing,
rafting, canoeing, and the like.
Open Space, Passive:
Common area which includes, but is not limited to, landscaped buffer areas
required pursuant to subsection 8-2A-7J of this title (including the sidewalk
within the buffer area), natural areas, wetland areas, ornamental gardens,
decorative fountains, and water bodies, excluding active open space areas.
· Eagle City Code, Chapter 6 Planned Unit Developments, Section 8-6-5-2 Common Area:
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 common area open space and recreational facilities for the residents or users
of the area being developed.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.4.1 Residential Development
3.4.1.1 Up to 1,373 dwelling units may be developed on the Property.
3.4.1.2 Residential development on the Property shall not exceed a total of 437.3 acres nor
substantially exceed the acreages for the housing types set forth in the below table:
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Product e
Townhouse
Patio
Custom
Estate
A rox. Lot Size
3,800-4,999 SF
5,000-7,999 SF
8,000-11,999 SF
12,000+ SF
Approx.
Acrea e
35.7
116.0
136.5
149.1
3.4.1.3 The total number of townhouses developed on the Property shall not substantially
exceed 20% of the aggregate dwelling units allowed, with the mixture of residential
uses generally conforming to the following categories:
Product Tvoe Aoorox. Lot Size % of Units Aoorox. Number of Units
Townhouse 3,800-4,999 SF 14-20% 192-275
Patio 5,000-7,999 SF 32-40% 439-549
Custom 8,000-11,999 SF 28-35% 384-481
Estate 12,000+ SF 16-25% 220-343
Not to exceed 1,373
3.4.2 Expansion of Planned Unit Development
3.4.2.1 Recognizing the uniqueness of each planned unit development, Eagle City Code, Title
8, Chapter 6 allows for the inclusion of adjacent property within such a development,
thus providing for its expansion in area. Subject to the requirements of this Section
and applicable law, the planned unit development (the "PUD") for the Property may
be expanded to include the "Expansion Parcels" depicted in Exhibit F attached hereto
and incorporated herein, with any of the 1,373 dwelling units not being developed on
the Property being allocated and assigned for development on the Expansion Parcels.
Any such application for expansion must be filed with Eagle within three years from
the recording of the first final plat for the Property.
3.4.2.2 Annexation of the Expansion Parcels into the PUD shall be subject to Eagle City
Code, Title 8, Chapter 6 and be approved by the Eagle City Council following public
hearing in accordance with all applicable laws and ordinances in effect as of the date
of annexation.
3.4.2.3 Upon annexation of one or more ofthe Expansion Parcels into the PUD, such annexed
property shall be granted a development density of 2.2 units per acre. In addition to
such density, an overall development density of up to three units per acre may be
granted at the time of preliminary plat approval based upon (a) the overall design and
integration of open space as designated in Section 3.4.2.4 of this Agreement and
demonstrated in the preliminary plat application, and (b) Applicants' assignment and
transfer for use in such Expansion Parcels of one or more of the 1,373 residential
dwelling units approved by the PUD for development on the Property. With and upon
each such assignment and transfer, the maximum allowed density of development on
the Property shall be reduced by a like number as transferred to the Expansion Parcels.
3.4.2.4 All Expansion Parcels shall provide a minimum of 15% open space, with each such
parcel including at least a 1.5 acre neighborhood park. A minimum of 60% of the
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open space shall be "Active Open Space," with the remainder being "Passive Open
Space." (Active Open Space shall be defined as neighborhood areas that provide
gathering areas for active recreation (e.g., open fields, swimming pools, tot lots, and
trails); Passive Open Space shall be defined as neighborhood areas that provide a
combination of linear open space and scenic features (e.g., ponds, berms, and view
corridors). )
3.4.2.5 All annexed Expansion Parcels shall be connected both internally to the Property as
well as externally to the greater Eagle community. Stub streets should be identified
for all proposed Expansion Parcels and noted in deeds and signage as a street, as
required by the Ada County Highway District (the "ACHD") and Eagle.
3.4.3 Commercial/Office Development
3.4.3.1 Office and commercial use shall be limited to 5% of the Property. The Property shall
be developed in compliance with the Eagle City Code and Eagle's Comprehensive
Plan, as adopted at the time this Agreement is recorded, except as otherwise provided
herein.
3.4.3.5 The office/commercial portion shall be developed as ancillary office and commercial
areas, intended to serve the Property.
3.4.3.6 For each acre converted from residential to office/commercial use 2.2 units shall be
removed from the total maximum allowed number of dwelling units of 1,373 that
may be developed on the Property or transferred to Expansion Parcels.
3.10 Applicants shall comply with all rules, regulations, and ordinances of Eagle except as
otherwise provided herein, including but not limited to applications for development
permits as required by Eagle City Code Title 10 (Flood Control).
3.11 Applicants shall provide an on-site, tree lined landscape strip along State Highway 16,
Linder Road, Floating Feather Road, and the east/west collector and Palmer Lane, which
landscape strip shall include a ten foot wide bicycle/pedestrian pathway, as generally
depicted on Exhibit I attached hereto and incorporated herein and in Eagle's
Comprehensive Plan. The landscaping, including street trees and pathways, shall be
reviewed and approved as required by the applicable provisions in the Eagle City Code
and as set forth below:
3.11.1 A 75 foot wide landscape strip along State Highway 16 shall include a minimum ten
foot high berm/wall combination with extensive landscaping per ECC 8-2A-7 to
provide a buffer. All buffers should be located outside a 150 foot setback from
centerline for right-of-way dedication to the Idaho Transportation Department (the
"ITD").
3.11.2 A 50 foot wide landscape strip along Linder Road and Floating Feather Road shall
include a minimum eight foot high berm/wall combination with extensive landscaping
per ECC 8-2A-7 to provide a buffer.
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D. DISCUSSION:
· The Comprehensive Plan Land Use Map designates this site as Residential Two and Scenic
Corridor. The Comprehensive Plan Land Use Map also designates this area to be located
within the Floating Feather Planning Area. The applicant is requesting an R-2-DA-P
(Residential two units per acre maximum with a development agreement - PUD) zoning
designation utilizing the development agreement and development agreement modifications
executed for the Legacy Planned Unit Development.
· The applicant provided a Legacy Expansion Parcel "Concept Plan", date stamped by the City
on March 30, 2009. The provided "Concept Plan" is a bubble plan showing the locations of
proposed single-family residential (approximately 29.0-acres), multi-family residential
(approximately 20.7-acres), and commercial (approximately 12.9-acres) areas on the site. The
"Concept Plan" also shows a park (approximately 2.8-acres) area centrally located adjacent to
a frontage road, an area for the future Floating Feather Road realignment, and future right-of-
way for State Highway 16. Should this application be approved with the development
agreement executed for the Legacy Planned Unit Development the allowed density for this
parcel will be 2.2 dwelling units/acre; up to 3 dwelling units/acre may be developed on the site
should the number of units exceeding the 2.2 dwelling units/acre base density be transferred
from other areas of the Legacy development. Therefore, based on 65.23 acres of residential
(total acreage of the site minus the commercial areas shown on the "Concept Plan") the
number of residential units which may be allowed on the site isl43-residential units with the
possibility of up to 195-residential units if the additional fifty-two (52) residential units are
transferred from other areas of the Legacy site.
· During the hearing process for the Legacy development, this subject site was recognized as a
future expansion parcel of the Legacy Planned Unit Development. Should the requested
annexation and rezone with development agreement be approved, future development of the
site will be required to occur pursuant to the Conditions of Development within the
development agreements executed for the rezone (RZ-13-05, Inst. # 1 06161990, and RZ-13-05
MODl and MOD2, Inst. #109008326) associated with the Legacy Planned Unit Development.
With the annexation and rezone of this site an addendum to the development agreement
inserting the "Concept Plan", date stamped by the City on March 30, 2009, as an exhibit to the
existing development agreement is necessary. The applicant should also be required to modify
the original development agreement associated with the Legacy Planned Unit Development to
amend the Residential Development section to reflect the additional dwelling unit counts,
housing types, and percentage of residential uses within the Legacy Planned Unit
Development. The development agreement may also need to be modified to address any
additional items which may be pertinent to this location and proposed uses.
· The "Concept Plan" date stamped by the City on March 30, 2009, shows a portion of the
commercial area located adjacent to Highway 16 within an area that the Comprehensive Plan
Land Use Map designates as Scenic Corridor. The Land Use chapter of the Comprehensive
Plan identifies Scenic Corridor as an overlay area in which significant setbacks from major
corridors are to be provided. The purpose of these setbacks is to allow for berming, enhanced
landscaping, detached meandering pathways, and appropriate signage controls. This is
addressed through Conditions of Development No. 3.11.1, which requires the applicant to
provide a seventy-five foot (75') wide landscape strip containing a minimum ten foot (10')
high berm/wall combination with extensive landscaping pursuant to Eagle City Code.
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As required within the Conditions of Development for the Legacy Planned Unit Development,
(Condition No. 3.4.3.5), the office/commercial portion shall be developed as ancillary office
and commercial areas intended to serve the Property. Although the commercial area is shown
to be located adjacent to Highway 16 it should be noted that the purpose of the commercial
areas within the Legacy Planned Unit Development are to serve residents within the
development and not designed as a commercial area dependant on trip capture from Highway
16. The commercial area adjacent to Highway 16 does not preclude the applicant from the
requirement of constructing the buffer area adjacent to the highway (pursuant to Condition of
Development No. 3.11.1) since it serves to buffer proposed residential development from the
highway and also to ensure that proposed commercial areas adjacent to the highway remain
internally focused and preserve the scenic corridor.
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 from RUT (Rural-Urban Transition-Ada County Designation) to R-2-DA-P
(Residential two units per acre maximum with a development agreement - PUD) with the
conditions of development and subsequent modifications of those conditions of development as
approved for the Legacy Planned Unit Development, application number RZ-13-05 and RZ-13-05
MODI and MOD2, (Instrument # 106161990 and Instrument #109008326). Staff also
recommends that an addendum to the development agreement be executed for the "Concept Plan"
to be inserted into the development agreement as an exhibit.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on May 4,
2009, 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 no one.
D. Oral testimony neither in favor nor in opposition was presented to the Planning and Zoning
Commission by one (1) individual who lives adjacent to the site and has concerns regarding a future
frontage road and associated traffic, berming adjacent to the property, heights of homes in proximity to
their residence, density, multi-family dwellings utilized as apartments, and ensuring that they continue
to receive irrigation water from Dry Creek Ditch Company.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of A-03-09 and RZ-03-09 for an annexation
and rezone from RUT (Rural-Urban Transition) to R-2-DA-P (Residential two units per acre
maximum with a development agreement - PUD) for Eagle Sports Legends Investments #2, LLC,
with the conditions of development and subsequent modifications of those conditions of
development as approved for the Legacy Planned Unit Development, application number RZ-13-
05 and RZ-13-05 MODI and MOD2, (Instrument # 106161990 and Instrument #109008326). The
Commission also recommends that an addendum to the development agreement be executed to
insert the "Concept Plan" into the development agreement.
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CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:30 PM, Wednesday, March 18, 2009, at the Legacy Sales
Center located at 5086 West Olympic Park, Eagle, 10, 83616 in compliance with the application
submittal requirement of Eagle City Code. The application for this item was received by the City of
Eagle on March 20, 2009.
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 May 4, 2009. 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 May 1,2009. The site was posted in accordance with
the Eagle City Code on May 6, 2009. Requests for agencies' reviews were transmitted on April 2,
2009, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-03-09)
with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based
upon the information provided concludes that the proposed rezone is in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of R-2-DA-P (Residential-up to two (2) units per acre
maximum with a development agreement, PUD) is consistent with the designation as shown
on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be provided
pursuant to the development agreement associated with the site, to serve all uses allowed on
this property under the proposed zone;
c. The proposed R-2-DA-P (Residential-up to two (2) units per acre with a development
agreement maximum, PUD) is compatible with the RUT (Rural-Urban Transition - Ada
County designation) zone and land use to the north since that area has the same
Comprehensive Plan land use designation and may be developed in a similar manner as this
development, and;
d. The proposed R-2-DA-P (Residential-up to two (2) units per acre with a development
agreement maximum, PUD) is compatible with the R-2-DA-P (Residential-up to two (2) units
per acre with a development agreement maximum, PUD) zone and land use to the south since
that area is also a part of the Legacy Planned Unit Development and will be developed in
accordance with the development agreement for the project at a later date;
e. The proposed R-2-DA-P (Residential-up to two (2) units per acre with a development
agreement maximum, PUD) is compatible with the R-2-DA-P (Residential-up to two (2) units
per acre with a development agreement maximum, PUD) land use to the east since that area is
also a part of the Legacy Planned Unit Development and will be developed in accordance with
the development agreement for the project at a later date;
f. The proposed R-2-DA-P (Residential-up to two (2) units per acre with a development
agreement, PUD) is compatible with the RUT (Rural-Urban Transition - Ada County
Designation) zone and land use to the west since the City of Star's Comprehensive Plan
designates that area as Mix-use Development and Highway 16 is located between that area and
the proposed development;
g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan. The northwest comer of the site lies within Zone A
of the Little Gulch Floodplain area as indentified on Flood Insurance Rate Map, Panel No.
16001C0130H, dated February 19,2003. The development of the site will be required to meet
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the requirements of ECC, Title 10, Flood Control or 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. The applicant will be required to remove all existing structures on the site prior to approval of
a final plat for the site. Therefore, no non-conforming uses are expected to be created with this
rezone.
DA TED this 1 st day ofJune, 2009.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
~ ~~--?~
Gary Tanner, Chairman
A 1;tEST:
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