Findings - CC - 2009 - RZ-09-07MOD - Mod To Cond Of Develop With Bp-Da/Stillwater Business Park/24.06/2505 W Sta
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE )
DEVELOPMENT AGREEMENT )
ASSOCIATED WITH THESTILLW A TER )
BUSINESS P ARKFOR TRI CEDARS )
MANAGEMENT COMPANY, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-09-07 MOD
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their decision on September 22, 2009. 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:
Tri Cedars Management Company, LLC, represented by Ron Bath with Salmon Point
Development, is requesting modifications to the Conditions of Development associated with the
BP-DA (Business Park with a development agn~ement) zoning classification for the Stillwater
Business Park. The 24.06-acre site is located approximately 1,300 feet west of W. Ballantyne
Road on the south side of West State Street (SH 44) at 2505 West State Street (SH 44).
B. APPLICATION SUBMITTAL:
The rezone modification request was received by the City of Eagle on August 26,2009.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this application for the Eagle City Council was published in the Idaho
Statesman in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on September 5, 2009. Notice of Public Hearing on this application for the Eagle City
Council was also published in the Valley Times on September 7, 2009. Notice of this public
hearing was mailed to property owners within thn:e 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
September 2, 2009. The site was posted in accordance with the Eagle City Code on September 9,
2009.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 26, 2008, the City Council approved a comprehensive plan map and text amendment to
change the land use designation on the Comprehe:nsive Plan Land Use Map from Residential One
(up to one (1) unit per acre) and Residential Two (up to two (2) units per acre) to Business Park,
and to establish a new planning sub-area within the Land Use Chapter of the plan (CPA-02-08).
On February 10, 2009, the City Council approved an annexation and rezone with development
agreement and preliminary plat for Stillwater Business Park for Tri Cedars Management, LLC (A-
07-07/RZ-09-07 and PP-II-07).
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Business Park RUT (Rural Urban Agricultural, Residential,
Transitional-Ada County Sewer treatment facility
designation)
A-R (Agricultural
Residential)
PS-DA (Public/Semi-
public with a
development agreement)
Proposed No Change BP-DA (Business Park Business/Technical Park
with development
agreement)
North of site Residential Two (up A-R (Agricultural SH 44, Residential and
to one unit per acre)/ Residential) agricultural (Timberland
Mixed Use R-l (Residential, one unit Subdivision and Countryside
per acre maximum) Estates Subdivision)
South of site Residential Two (up RUT CRural Urban Agricultural/Boise River
to two units per acre) Transitional-Ada County
designation)
East of site Residential Two (up PS-DA (Public/Semi- Central sewer facility (Eagle
to two units per acre) Public with development Sewer District)
agreement)
West of site Residential One (up Rl (R(:sidential-Ada Residential! Agricultural
to one unit per acre) County designation)
RUT (Residential Urban
Transition-Ada County
designation)
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: +/- 24.06 acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter attached to the staff report and incorporated herein by
reference.
I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
J. AGENCY RESPONSES:
The following agencies have previously responded with the original application (A-07 -07 /RZ-09-
07 & PP-II-07) and their correspondence is attached to the staff report:
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City Engineer: All comments within the engineer's letter are of special concern (attached to the
staff report and included herein by reference).
Ada County Highway District - General comments concerning street sections and right-ol-way
Central District Health - Written approval from central water and sewage
Chevron Pipeline - No conflict
Department of Environmental Quality - General comments regarding air and water quality and
hazardous waste
Idaho Department of Fish and Game - Comments concerning floodplain and impacts to the
wetlands
Idaho Department of Lands - No impact
Idaho Transportation Department - Comments concerning alignment of Ballantyne Road and
preserving the 100' of right-ol-way.
K. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
. The applicant is requesting modifications to the "Conditions of Development" to be placed in the
development agreement for the rezone associated with the Stillwater Business Park. The applicant
is requesting to amend Article III, "Conditions on Development" as noted within the applicant's
version of the development agreement date stamped by the City on August 26, 2009. The
following is shown with the approved Conditiol1ls of Development in bold and the applicant's
proposed modifications in italic:
Condition 3.12:
The applicant's property shall comply with all applicable Eagle Sewer District's
regulations and conditions prior to the submittal of a final plat application. Prior to
issuance of any building permits, Applicant shall provide proof of central sewer service
to the proposed residential and commercial uses. A letter of approval shall be provided
to the City from the Idaho Department of Health and Welfare, Department of
Environmental Quality, and/or Central District Health, prior to issuance of any building
permits.
The applicant is requesting the condition to be amended as follows with underline text to be
added:
The applicant's property shall comply with all applicable Eagle Sewer District's regulations
and conditions prior to the submittal of a final plat application. Prior to issuance of any
building permits, Applicant shall provide proof of central sewer service to the proposed
residential and commercial uses. A letter of approval shall be provided to the City from the
Idaho Department of Health and Welfare, Department of Environmental Quality, and/or
Central District Health, prior to issuance of any building permits. The other reQuirements of
this Develooment Agreement not withstanding. subiect to aooroval of the Central District
Health Deoartment. aoolicant mav develoo one lot usinft an aoproved seotic svstem. The
septic svstem will be abandoned in accordance with the requirements of the Central District
Health Deoartment when the central sewer svstem for the develooment has been out in and
connected to the Eaftle Sewer District.
The applicant is requesting to construct a septic system on one lot subject to the approval of
Central District Health Department. This property is located within the Eagle Sewer District.
Staff contacted Lynn Moser with Eagle Sewer District to ascertain whether or not the District
allows for septic systems to be constructed on land located within the District. Mr. Moser
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indicated that depending on the proximity of sewer service lines to the subject property the
District does not oppose the construction of a septic system contingent upon the approval of
Central District Health Department. Staffs concern regarding the wording of the requested
amendment is the reference to "one lot". The applicant is proposing to construct a subdivision
on this site and the applicant's request to deve:lop one-lot implies that they will be transferring
ownership of the property prior to completing the subdivision. The transfer of ownership of a
lot prior to recordation of a subdivision plat is in violation of Eagle City Code and Idaho
Statute. Should the modification be approved the reference to one-lot should be changed to
one building.
Condition 3.13:
All existing wells and septic systems on the property shall be abandoned prior to the
City Clerk signing the final plat. Central District Health Department approval is
required for the abandonment of the existing wells and septic systems.
The applicant is requesting the condition to be amended as follows with underline text to be
added:
All existing wells and septic systems on the property shall be abandoned prior to the City
Clerk signing the final plat. Central District Health Department approval is required for the
abandonment of the existing wells and septic systems. The other reQuirements of this
Development Aftreement notwithstanding. apolicant mav develoo one-lot usinft the well that
oreviouslv served the residence at 2505 W State St.. Eaftle. ID. That well will be abandoned
when the water svstem for the develooment has been out in and connected to United Water
service.
The City Council on previous applications have allowed applicant to utilize existing wells for
residential dwelling until such time the well fails and/or central water is located in proximity to
the site. However, staff is unaware if this has (:ver been permitted for the construction of a new
commercial building. The applicant should still be required to provide central water to the site
to address life safety issues such as fire suppression.
Condition 3.22:
The applicant shall construct the State Highway 44 access as proposed pursuant to
current roadway engineering standards. The access is to be in alignment with the
proposed Ballantyne Road realignment on the north side of State Highway 44.
The applicant is requesting the condition to be amended as follows with strikethrough text to
be deleted and underline text to be added:
The applicant shall construct thc State Highway 11 access CIS prepesed all roadwavs pursuant
to current roadway engineering standards. Thc access is te Be in and pertinent roadwavs
shall be constructed for future alignment with the proposed Ballantyne Road realignment on
the north side of State Highway 44. Anv other provisions of this Af!reement notwithstandinft.
until such time that the realiftnment of Ballantvne Road is comoleted and subiect to aooroval
of the Idaho Transoortation Department, aoolicant mav oroceed with develooment with traffic
routed to a temporary access from SH 44. When the realignment of Ballantvne Road is
completed, such temoorarv access will be extinftuished and all traffic of the development will
be routed throufth that realigned intersection.
The applicant submitted a revised concept plan date stamped by the City on August 26,2009,
which does not show the area the applicant had proposed to acquire from the adjacent property
owner. The narrative provided by the applica.nt indicated that due to today's market value of
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land the negotiated price for the area not shown exceeds what it is worth; therefore they do not
want to develop it at this time. The area not shown was also to contain the business parks sole
access point to State Highway 44, which was to be in alignment with the realigned Ballantyne
Lane. The Ada County Highway District's five (5) year work plan shows the Ballantyne Lane
realignment is not scheduled for completion until 2012. The applicant is requesting this
condition to be modified to allow temporary access to occur at a location on the property that
will be much safer until such time the realignment of Ballantyne Lane occurs. The
modification proposed by the applicant provides for the temporary access yet is silent
regarding responsibility for extending W. Est(:ch Street to the south side of State Highway 44
and eliminate the temporary access point upon completion of the Ballantyne Lane realignment
north of State Highway 44. The modified condition of development should contain language
requiring the applicant to construct the extension of W. Estech Street to State Highway 44 and
eliminating the temporary access point to State Highway 44 upon construction of the
Ballantyne Lane realignment north of State Highway 44.
Condition 3.24:
Applicant will construct improvements and satisfy all conditions required by the Ada
County Highway District and the Idaho Transportation Department prior to the
issuance of any Certificate of OccupanC)' for any building within the development.
These improvements include, but are not limited to, dedication of right-of-way for
future road widening (including the proposed Ballantyne Road realignment intersection
for left and right turn lanes), roadway and intersection improvements commensurate to
development traffic impacts, construction of sidewalks, and construction of driveways in
the locations and configurations as determined by the aforementioned entities or as
otherwise may be required herein. Approval letters from these entities shall be provided
to the City prior to the issuance of a Certificate of Occupancy.
The applicant is requesting the condition to be amended as follows with underline text to be
added:
Applicant will construct improvements and satisfy all conditions required by the Ada County
Highway District and the Idaho Transportation Department prior to the issuance of any
Certificate of Occupancy for any building within the development. These improvements
include, but are not limited to, dedication of pertinent right-ol-way for future road widening
(including the proposed Ballantyne Road realignment intersection for left and right turn
lanes), roadway and intersection improvements commensurate to development traffic impacts,
construction of sidewalks, and construction o.f driveways in the locations and configurations
as determined by the aforementioned entities or as otherwise may be required herein.
Approval letters from these entities shall be provided to the City prior to the issuance of a
Certificate of Occupancy.
This condition of development was required to address not only the interior roads of the
subdivision but also the connection to Stat(: Highway 44 in alignment with the proposed
Ballantyne Lane realignment. The submitted c:oncept plan date stamped by the City on August
26, 2009, does not show the access to Statl;l Highway 44 in alignment with the proposed
Ballantyne Lane realignment. The narrative provided by the applicant is silent regarding
responsibility for the completion of the permanent connection to State Highway 44. Since the
revised concept plan does not show the acc:ess mentioned previously and it is not known
whether the applicant will acquire the adjacent parcel, the applicant's proposed modification
does not define the pertinent right-of-way for the interior roads or the permanent access road to
State Highway 44. The applicant has not addressed what steps will be taken to ensure the
connection to the Ballantyne Lane realignment at State Highway 44 is completed.
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Condition 3.26:
Future development of Lot 6, Block 2, as shown on the preliminary plat date stamped by
the City on October 26, 2008, shall include an eight foot (8') wide pathway located
within a sixteen foot (16') wide easement that links the internal sidewalk/pathway
system of the development to the Boise Rh'er Greenbelt. Location of the pathway shall
be determined during the design review process for this lot. Parking for public access to
the greenbelt and the river shall also be provided upon development of this lot. The
number and placement of the parking spaces shall be determined during the design
review process for this lot.
The applicant is requesting the condition to be amended as follows with strikethrough text to
be deleted and underline text to be added:
Future development of Lot~ 6 4 and 5. Block 2, as shown on the preliminary plat date
stamped by the City on Oote8cr 26, 2()08 AUflust 25. 2009. shall include an eight foot (8 ')
wide pathway located within a sixteen foot (16') wide easement that links the internal
sidewalk/pathway system of the development to the Boise River Greenbelt. Location of the
pathway shall be determined during the design review process for this lot. Parkingfor public
access to the greenbelt and the river shall also be provided upon development of this lot.
The number and placement of the parking spaces shall be determined during the design
review process for this lot.
The applicant provided preliminary plat modification date stamped by the August 26,2009,
shows the lots to be renumbered and the proposed condition modification references the
revised lot numbers.
o Condition of Development 3.27:
The applicant shall provide a two foot (2') high landscaped berm. with a six foot (6') high
vinyl fence to be located between the development and the adjacent residential property
to the west. The berm and fence shall be reviewed and approved by the Design Review
Board prior to the submittal of a final plat application.
The applicant is requesting the condition to be amended as follows with strikethrough text to
be deleted and underline text to be added:
Notwithstanding the requirements of oaragraoh 3-11 above. +the applicant shall provide a
two foot (2') high landscaped berm with a six foot (6') high vinyl fence to be located between
the development and the adjacent residential property to the west. The berm and fence shall
be reviewed and approved by the Design Review Board prior to the submittal of a final plat
application.
The applicant proposed modification addresses Condition of Development 3 .11 (c), which
prohibits vinyl fences.
STAFF RECOMMENDATION PROVIDED WITHIN' THE STAFF REPORT MEMORANDUM:
Staff recommends approval of the following modifications to the Conditions of Development with the
amended conditions to read as follows:
3.12 The applicant's property shall comply with all applicable Eagle Sewer District's regulations and
conditions prior to the submittal of a final plat applic:ation. Prior to issuance of any building permits,
Applicant shall provide proof of central sewer service to the proposed residential and commercial
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uses. A letter of approval shall be provided to the City from the Idaho Department of Health and
Welfare, Department of Environmental Quality, and/or Central District Health, prior to issuance of
any building permits. The other requirements of this Development Agreement not withstanding,
subject to approval of the Central District Health Department, applicant may construct one building
using an approved temporary septic system. The septic system will be abandoned in accordance
with the requirements of the Central District Health Department when the central sewer system for
the development has been put in and connected to the Eagle Sewer District. No additional building
permits will be issued within the development until such time the aforementioned building is
connected to central sewer system.
3.13 All existing wells on the property shall be abandoned prior to the City Clerk signing the final plat.
Central District Health Department approval is reqlllired for the abandonment of the existing wel1s
and septic systems.
3.22 The applicant shall construct al1 roadways including the future alignment with the proposed
Ballantyne Road realignment on the north side of State Highway 44 pursuant to current roadway
engineering standards. Any other provisions of this Agreement notwithstanding, until such time that
the realignment of Ballantyne Road is completed and subject to approval ofthe Idaho Transportation
Department, applicant may proceed with development with traffic routed to a temporary access from
SH 44. When the realignment of Ballantyne Road is completed, such temporary access will be
extinguished and all traffic of the development will be routed through that realigned intersection.
3.24 Applicant will construct improvements and satis~y all conditions required by the Ada County
Highway District and the Idaho Transportation Department prior to the issuance of any Certificate of
Occupancy for any building within the developm(~nt. These improvements include, but are not
limited to, dedication of pertinent right-of-way for future road widening (including the proposed
Ballantyne Road realignment intersection for left and right turn lanes), roadway and intersection
improvements commensurate to development traffic impacts, construction of sidewalks, and
construction of driveways in the locations and configurations as determined by the aforementioned
entities or as otherwise may be required herein. Approval letters from these entities shall be
provided to the City prior to the issuance of a Certificate of Occupancy.
3.26 Future development of Lots 4 and 5, Block 2, as shown on the preliminary plat date stamped by the
City on August 25, 2009, shall include an eight foot (8') wide pathway located within a sixteen foot
(16') wide easement that links the internal sidewalk/pathway system of the development to the Boise
River Greenbelt. Location of the pathway shaH be determined during the design review process for
th is lot. Parking for public access to the greenbelt and the river shall also be provided upon
development of this lot. The number and placement of the parking spaces shall be determined
during the design review process for this lot.
3.27 Notwithstanding the requirements of Condition of Development 3 .11 (c) above, the applicant shall
provide a two foot (2') high landscaped berm with a six foot (6') high vinyl fence to be located
between the development and the adjacent residential property to the west. The berm and fence shall
be reviewed and approved by the Design Review Board prior to the submittal of a final plat
application.
PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council on September 22, 2009, at
time public testimony was taken and the public: hearing was closed. The Council made their
decision at that time.
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B. Oral testimony in favor of this proposal was presl~nted to the City Council by two (2) individuals
(other than the applicant/representative) who indicated the development of this site will allow for
the creation of additional jobs and business opportunities within the city which will have a
stimulating economic effect on the community. One (1) letter was read into the record which
indicated that the development will allow for new industry and job creation within the community.
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 2 to I (Shoustarian against, Sernanko absent) to approve RZ-09-07 MOD for a
modification to the Conditions of Development and associated exhibits for Tri Cedars
Management Company, LLC, with the following staff recommend modified Conditions of
Development with strike through text to be deleted by the Council and underlined text to be added
by the Council:
3.12 The applicant's property shall comply with all applicable Eagle Sewer District's regulations
and conditions prior to the submittal of a final plat application. Prior to issuance of any
building permits, Applicant shall provide proof of central sewer service to the proposed
residential and commercial uses. A letter of approval shall be provided to the City from the
Idaho Department of Health and Welfare, Department of Environmental Quality, and/or
Central District Health, prior to issuance of any building permits. The other requirements of
this Development Agreement not withstanding, subject to approval of the Central District
Health Department, applicant may construct one building using an approved temporary septic
system. The septic system will be abandoned in accordance with the requirements of the
Central District Health Department when the central sewer system for the development has
been put in and connected to the Eagle Sewer District. No additional building permits will be
issued within the development until such time the aforementioned building is connected to
central sewer system.
3.13 All existing wells on the property shall be abandoned prior to the City Clerk signing the final
plat. Central District Health Department approval is required for the abandonment of the
existing wells and septic systems.
3.22 The applieant shall construet all roadways iReluding the ruture aligRment with the proposed
Ballantyne Road realignment OR the north sid€1 of State Highv.'ay 44 pl:lfSl:lant to el:lrrent
roadway eflgineeriRg staRdarcls. ,^.fty other provisiElRs 0f this Agreement notwithstanding,
until sueh time that the realignment ElfBallan~Y'Re Road is completed and subject to approval
of the Idah0 Transportatiofl Department, applilDant may proceed with de'lelopmeflt with traffie
routed to a temporary access from SH 44. 'Nhen the realignment of Ballantyne Road is
eompleted, sueh temporary aeeess '."ill be extinguished and all traffic of the deyelopment will
be muted thro\:lgh that realigRed intersection.
Upon completion of the Ballantyne Lane realilmment on the north side of State Highway 44
and right-of-way or road easement becomes available on the south side of State Highway 44 in
alignment with Ballantyne Lane the applicant shall construct Ballantyne Lane on the south
side of State Highway 44 pursuant to the Idaho Transportation Department (ITD) and Ada
County Highway District (ACHD) approval. Any other provisions of this Agreement
notwithstanding. until such time that the realignment of Ballantyne Lane is completed and
subiect to approval ofthe Idaho Transportation Department, applicant mav proceed with
development with traffic routed to a temporary access from SH 44. When the realignment of
Ballantyne Lane is completed, such temporary access will be extinguished and all traffic of the
development will be routed through that realigned intersection.
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3.24 Applicant will construct improvements and satisfy all conditions required by the Ada County
Highway District and the Idaho Transportation Department prior to the issuance of any
Certificate of Occupancy for any building within the development. These improvements
include, but are not limited to, dedication of pertinent right-of-way for future road widening
(including the proposed Ballantyne Road realignment intersection for left and right turn lanes),
roadway and intersection improvements commensurate to development traffic impacts,
construction of sidewalks, and construction of driveways in the locations and configurations as
determined by the aforementioned entities or as otherwise may be required herein. Approval
letters from these entities shall be provided to the City prior to the issuance of a Certificate of
Occupancy.
3.26 Future development of Lots 4 and 5, Block 2, as shown on the preliminary plat date stamped
by the City on August 25,2009, shall include an eight foot (8') wide pathway located within a
sixteen foot (16') wide easement that links the internal sidewalk/pathway system of the
development to the Boise River Greenbelt. Location of the pathway shall be determined
during the design review process for this lot. Parking for public access to the greenbelt and
the river shall also be provided upon development of this lot. The number and placement of
the parking spaces shall be determined during the design review process for this lot.
3.27 Notwithstanding the requirements of Condition of Development 3.11 (c) above, the applicant
shall provide a two foot (2') high landscaped berm with a six foot (6') high vinyl fence to be
located between the development and the adjacent residential property to the west. The berm
and fence shall be reviewed and approved by the Design Review Board prior to the submittal
of a final plat application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 26,2009.
2. Notice of Public Hearing on this application for the Eagle City Council was published in the Idaho
Statesman in accordance with the requirements of Titl,e 67, Chapter 65, Idaho Code and the Eagle City
Code on September 5, 2009. Notice of Public Hearing on this application for the Eagle City Council
was also published in the Valley Times on September 7, 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 September 2,2009.
The site was posted in accordance with the Eagle City Code on September 9,2009.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
09-07 MOD) 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 BP-DA (Business Park with a development agreement) is
consistent with the Business Park land use d€:signation as shown on the Comprehensive Plan
Land Use Map; and
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities are in proximity to this location, and
expected to be provided to serve commercial uses on this property under the proposed zone;
and,
c. The proposed BP-DA (Business Park with a development agreement) zone is compatible with
the A-R (Agricultural-Residential up to one unit per five acres) and R-l (Residential- up to 1
dwelling unit per acre) zones and land use to the north since SH 44 is a major arterial and a
100-foot wide landscaped buffer will separate this property from those areas; and,
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d. The proposed BP-DA (Business Park with a development agreement) zone is compatible with
the RUT (Residential-Ada County designation) zone and land use to the south since that area
is buffered from the applicant's property by the Boise River; and,
e. The proposed BP-DA (Business Park with a development agreement) zone is compatible with
the RUT (Residential-Ada County designation) and R-I (Residential - up to 1 dwelling unit
per acre) zones and land uses to the west sinc,e those sites have the same Comprehensive Plan
land use designation as proposed for this sit(:, and could be developed in a similar manner;
and,
f. The proposed BP-DA (Business Park with a development agreement) zone is compatible with
the PS-DA (Public/Semi-Public with a development agreement) zone and land use to the east
since that site is currently being used by the Eagle Sewer District and will not be adversely
impacted by the proposed use; and,
g. The land proposed for rezone is located within a "Special Area" as described within the
Comprehensive Plan since the property is located along the Boise River corridor, however the
applicant has provided mitigation for development impacts in this area. The southern portion
of the site lies within the Boise River Floodplain area. The development of the site will be
required to meet 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 Ada County; and
h. No non-conforming uses are expected to be cfl~ated with this rezone.
DATED this 13th day of October 2009.
CITY COUNCIL
OF THE CITY OF EAGLE
,Idaho
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