Loading...
Findings - PZ - 2009 - A-4-09 & /RZ-04-09 - Rz From Rut To Mu-Da/110.56 Acre/ ORJl~1 BEFORE THE EAGLE PLANNING AND ZONING COMMISSION 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) FOR ) CAPITAL DEVELOPMENT, INC. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-4-09 & RZ-04-09 The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning Commission for their recommendation on June 15,2009. The Commission continued the item to July 13, 2009, at which time the applications were remanded to staff. The applications were re-noticed and came before the Eagle Planning and Zoning Commission for their consideration on October 26, 2009. The Commission continued the item to November 16, 2009, at which time public testimony was taken, the public hearing was closed and the Commission made their recommendation. 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; FINDINGS OF FACT: A. PROJECT SUMMARY: Capital Development, Inc., represented by Dave Y orgason is requesting approval of 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). The II 0.56-acre site is generally located on the west side of S. Meridian Road and the north side of W. Chinden Boulevard (Highway 20/26) approximately 835 feet west of S. Meridian Road. B. APPLICA TION SUBMITTAL: A Neighborhood Meeting was held at 6:00 PM, March 24, 2009, at the Foxtail Golf Course Maintenance Barn at 6479 N. Fox Run Avenue, Meridian, ID, 83646, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on April 27, 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 25,2009. 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 29, 2009. The site was posted in accordance with the Eagle City Code on June 1, 2009. Requests for agencies' reviews were transmitted on April 30, 2009, in accordance with the requirements ofthe Eagle City Code. On July 13,2009, the Planning and Zoning Commission remanded the application to staff. Re-notice of Pubic Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Page 1 of 26 K:\Planning DeptlEagle Applications\RZ&A\2009\A-04-09 & RZ-04-09 pzfYorgason.doc Idaho Code and the Eagle City in the Idaho Statesman on October 3, 2009, and in the Valley Times on October 5, 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 October 6, 2009. The site was posted in accordance with the Eagle City Code on October 6, 2009. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 16,2007, the Eagle City Council approved a comprehensive plan amendment (CPA-09-06) from Transitional Residential (Ada County designation) to Professional Office for a portion of this original site. On March 27, 2007, the Eagle City Council approved an annexation and rezone from RUT (Rural-Urban Transition - Ada County designation) to MU-DA (Mixed Use with Development Agreement) and preliminary plat for Castlebury West Business Park for Capital Development, Inc. The 8.52-acre site is located on the northwest comer of West Chinden Boulevard (SH 20/26) and North Meridian Road at 6615 North Meridian Road (A-19-06/RZ-25-06 and PP-19-06). On August 28, 2007, the Eagle City Council approved the final plat for Castlebury West Business Park No. 1 for Capital Development, Inc. (FP-08-07). On March 11, 2008, the Eagle City Council approved the final plat for Castlebury Business Park No.2 for Capital Development, Inc. (FP-O 1-08). On December 16,2008, the Eagle City Council approved CPA-5-08 & A-03-08 & RZ-8- 08, a Comprehensive Plan Map and Text amendment changing the land use designation on the Comprehensive Plan Land Use Map from Mixed Use and Professional Office to Commercial for the property located on the northeast comer of Linder Road and Chinden Boulevard (US 20/26). This action also approved an annexation (once the property is contiguous to Eagle City limits) and a rezone with development agreement from RUT (Rural Urban Transition) to C-3-DA (Highway Business District with a Development Agreement). On November 25,2009, the Eagle City Council approved a de-annexation of this property and Ordinance 614 which de-annexed this property which was improperly annexed due to an incorrect legal description. E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 2 of 26 K:\Planning DeptlEagle AppIications\RZ&A\2009\A-04-09 & RZ-04-09 pzfYorgason.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Transitional Residential RUT (Rural-Urban Agriculture Transition-Ada County Designation) Proposed No Change MU-DA (Mixed Use with Residential and commercial Development Agreement) mixed use development North of site Residential Estates RUT (Rural-Urban Residential subdivision Transition-Ada County (Winward River Heights Designation) Subdivision) South of site Transitional Residential, RUT (Rural-Urban Agriculture, Castle bury Professional Office and Transition-Ada County Business Park and Foxtail City of Meridian Area of Designation), MU-DA Subdivision Impact (Mixed Use with a development agreement) and Rl (Residential- Ada County designation), East of site Residential Estates and R-l (Residential up to one Church of Latter Day Saints Residential One unit per acre), R-E and Residential (Castlebury (Residential-Estates up to one West and Sugarberry unit per two acres) Subdivisions) West of site Public/Semi-Pub lie Rl and RUT (Residential and Golf course (proposed (proposed Mixed Use) and Rural-Urban Transition-Ada mixed use development) Transitional Residential County Designation) and single family residential (Foxtail Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. H. TOTAL ACREAGE OF SITE: +/- 110.56 acres 1. APPLICANT'S STATEMENT OF mSTIFICATION FOR THE REZONE: See justification letter dated April 24, 2009, provided by the applicant and incorporate herein by reference. J. APPLICANT'S STATEMENT OF mSTIFICATION OF A DEVELOPMENT AGREEMENT: See justification letter dated April 24, 2009, provided by the applicant and incorporated herein by reference. K. GENERAL SITE DESIGN FEATURES: Open Space: Since the applicant is requesting a rezone to MU-DA (Mixed Use with a development agreement in lieu of a PUD) a minimum of twenty percent (20%) of the residential gross land area wil1 be required for open space pursuant to Eagle City Code. Page 3 of 26 K:\Planning DeptlEagle AppIications\RZ&A \2009\A-04-09 & RZ-04-09 pzf Y orgason.doc Storm Drainage and Flood Control: Specific drainage system plans for the entire development are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shal1 cross any lot line onto another lot except within a drainage easement. On-site Septic System (yes or no) - no The applicant wil1 be required to construct a central sewer system at the time of development. Preservation of Existing Natural Features: Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. L. STREET DESIGN: Public Streets: The applicant provided a Concept Plan date stamped by the City on May 27, 2009, showing connectivity and access (i.e. stub streets) between the development and adjacent properties with the exception of the property adjacent to the northern boundary of the site. Street design and street sections wil1 be reviewed at the time of submittal of platting. Sidewalks: The Concept Plan date stamped by the City on May 27, 2009, does not show any sidewalks within the development. As a condition of approval during the platting sidewalks adjacent to the streets will be required Street Names: There are no new streets proposed with this development. M. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: The Concept Plan date stamped by the City on May 27, 2009, does not show any pathways within the development. Proposed pathways wil1 be reviewed during the platting review and approval process. Bike Paths: None proposed - will be addressed during the platting and review approval process. N. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Within the rezone justification letter dated April 24, 2009, the applicant has indicated that United Water Company has a twelve-inch (12") water line located parallel to Chinden Boulevard. United Water Company has a well located on Lot 3, Block 1, of Foxtail Subdivision. Page 4 of 26 K:\Planning DeptlEagle Applications\RZ&A \2009\A-04-09 & RZ-04-09 pzf Y orgason.doc Engineering Northwest, LLC, (representing Eagle Sewer District), provided a memo dated May 19, 2009, indicating Eagle Sewer District has sewer capacity for 480 equivalent residential units (ERU's) inclusive of 257 ERU's for the Y orgason parcel in the area north of State Highway 20/26 between Meridian Road and Linder Road. O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. P. NON-CONFORMING USES: None Q. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - no Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - no Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - no Wildlife Habitat - no R. NON-CONFORMING USES: none S. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Ada County Highway District - Provided site specific requirements that the District may require when it reviews a future development application. Central District Health - No objections to the proposal Chevron Pipeline - No conflicts with the pipeline Department of Environmental Quality - Recommended veri.fj;ing that there is adequate water and sewer to serve the project Engineering Northwest, LLC (representing Eagle Sewer District) - Provided information on sewer capacity for the area (480 equivalent residential units [ERU'sj) and indicated concerns regarding certain commercial uses. Idaho Transportation Department - Recommended prohibiting direct access to US 20 (Chinden Boulevard) and requesting a 100' setback to accommodate future widening. Meridian Fire Department - Indicated requirements for minimum levels of fire protection pursuant to International Fire Code T. LETTERS FROM THE PUBLIC: Mimi Plumb stated in correspondence, date stamped by the City on July 6, 2009, that the density shown on the submitted plan is far too great. As proposed, the development will not be in harmony with the existing area. Ms. Plumb goes on to state that it appears the proposed annexation and rezone is to provide an annexation pathway to the proposed Fred Page 5 of 26 K:\Planning DeptlEagle AppIications\RZ&A\2009\A-04-09 & RZ-04-09 pzfYorgason.doc Meyer property located at the northeast comer of Chinden Boulevard (Highway 20/26) and Linder Road. Larry Slider stated in an email, date stamped by the City on July 13, 2009, that the homeowners in the area are concerned with the proposed density in the area and that Eagle should not allow one (1) acre home sites to be located across the street from an area which allows up to eight (8) units per acre. They are also in opposition to changing the Comprehensive Plan every time a developer has a new idea. Dana Erdman stated in correspondence, date stamped by the City on July 27, 2009, that development in this area will affect their life at home, value of their home, and their neighbor's lives and home values. They went on to state that development is inevitable, but developers should take into consideration the area already established. Judith Erdman stated in correspondence, date stamped by the City on September 8, 2009, that the proposed density is too high and the area should be zoned Agricultural-Residential since they were assured years ago that the transition area would ensure two (2) acre size parcels next to the existing five (5) acre parcels. Larry and Lee Swider stated in correspondence, date stamped by the City on October 13, 2009, that they are concerned with traffic congestion, sound and light pollution resulting from the planned unit development. They are also concerned with the minimal transition areas from high density commercial space to estate type homes. Larry Sandusky stated in correspondence, date stamped by the City on October 15, 2009, that the proposed density will cause unacceptable impacts to existing neighborhoods. He further states that the City of Eagle should not be annexing additional commercial and residential capacity that requires more planning investment amid uncertain prospects of revenue recapture. The following correspondences were received after October 15, 2009, and are incorporated herein by reference. E-mail from Larry Swider, 7176 N. Springcrest Place, date stamped by the City on October 19,2009. E-mail from Richard and Joyce Cooke, 1376 W. Sandy Court, date stamped by the City on October 19, 2009. Email from Brian Schlador, date stamped by the City on October 19,2009. Correspondence from Lynn Trosper, 7110 N. Springcrest Place, date stamped by the City on October 19,2009. Correspondence from Scott Trosper, 7110 N. Springcrest Place, date stamped by the City on October 19,2009. Correspondence and a power point presentation from Dan Rozsa, 593 W. Gray Fox Court, date stamped by the City on October 19,2009. Page 6 of 26 K:\Planning Dept\Eagle Applications\RZ&A \2009\A-04-09 & RZ-04-09 pzf Y orgason.doc 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. 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. 6.6 Implementation Strategies 1. 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. 6.8.8 Rim View Planning Area (approved December 18,2007) The Rim View Planning Area contains a large amount of existing residential uses that have been developed as one-acre and five-acre lots through the Ada County development process. The future land uses in the area are predicated on Linder Road being the only Eagle City river crossing between Eagle Road and Star Road, and the need to buffer and preserve the existing residential developments, and the need to provide commercial opportunities along the regional transportation corridors south of the Boise River. Because of the alignment of the State Highway 16 crossing moving further to the west (to McDermott), no clear funding option or time line for the SH 16 crossing, and recent changes in nearby city limit boundaries (Meridian), the previously planned regional commercial area at Black Cat no longer is a viable location for the City of Eagle. a. Uses The land use and development policies specific to the Rim View Planning Area include the following: 1. A forty acre commercial area located at the northeast comer of the intersection of Chinden Boulevard and Linder Road is to be designed and developed as a unit. This commercial area is intended to serve the Eagle community as a gateway into town before crossing the river. 2. Areas designated as Transitional Residential should have a residential density of up to I-unit per acre. Units may be clustered to provide for transitional lot sizes to ensure compatibility of new residential uses to existing residential uses and the commercial and office uses located at Linder Road and Chinden. 3. Patio home styles and alternative lot sizes may be allowed in conjunction with exiting open space and recreation areas located in the Rim View Page 7 of 26 K:\Planning DeptlEagle AppIications\RZ&A\2009\A-04-09 & RZ-04-09 pzf Y orgason.doc Area. The patio homes and townhouses may be located near the commercial area. b. Access Access to the area should focus on new internal linkages. Primary access should be on Linder Road with limited access onto Chinden Boulevard only in accordance with ITD's access management policies. All accesses should be designed to allow traffic to flow through the area connecting Meridian Road to Linder Road may provide the opportunity of future east/west residential collector linkage within the planning area. Cross-access and local stub streets should be used to allow the planning area to be interconnected without the need to access the arterial and state highway network. Internal and interconnected circulation should be used to move traffic within the non-residential area, helping to mitigateJhe number of local vehicle trips entering State Highway 20/26 to access commercial/services use along Linder Road. Chinden Boulevard should be recognized as a gateway corridor to the City of Eagle and development should adhere to.proper berming, landscaping, and appropriate setbacks to prevent the encroachment of abutting uses into future corridor improvements. This would protect the viability of the regional transportation corridor as well as buffer the abutting uses from the impacts of the corridor. c. Design This area is recognized as a gateway to the City of Eagle, to be integrated with appropriate landscaping, entry features, and place-making features in the design of the area. Design of this area should be compatible to the existing residential and recreational uses currently present in the area. Design of commercial and office uses should be compatible with the existing residential uses and contain significant landscaped buffers to reduce impacts and appealing building design elements to promote a cohesive character. Commercial development should provide for pedestrian linkages to the residential areas adjacent to the site. Both Chinden Boulevard and Linder Road should be developed with a detached sidewalk and planting strip adjacent to the back of curb, further solidifying the purpose and character of the gateway corridor of Chinden Boulevard. Signage for all non-residential uses should be designed to be consistent and complimentary, with place-making being the primary objective and identification of uses being secondary. Non-residential areas should be designed with features and materials intended to compliment and buffer residential uses and to avoid creating a tunnel or wall effect along the backside of the large buildings. Page 8 of 26 K:\Planning DeptlEagle Applications\RZ&A\2009\A-04-09 & RZ-04-09 pzfYorgason.doc ResidentialAreas ~ . I Limited acens hlghW'8~ ---- ----... d. Issues One of the main concerns in the development ofthis area is the ability to properly balanceJhe commercial uses with residential uses. New uses should be designed in a manner that provides a cohesive transition between the commercial and residential uses, incorporating elements that will provide a common and complimentary identity between the two. Considering the large amount of undeveloped or underdeveloped land within the planning area, each proposed project should be evaluated for the potential to provide linkages and connectivity to adjacent parcels. This is necessary to establish a functioning local and collector roadway system to supports the regionally significant roadways at the south and west of this area._ As this area develops, consideration should be made of the transitory non-farm uses that have been approved by Ada County which may be nearing the expiration on the open space restrictions. 8.2 Street Classifications A roadway system must include a number of streets, each of which are designated to handle a particular type and amount of traffic. The Community Planning Association (COMPASS) Functional Street Classification Map illustrates the various classifications of roadways that are included in the Ada County roadway system. The Eagle section of the COMPASS Functional Street Classification Map and Regional Transportation Plan should consider the City of Eagle TransportationlPathway Network Maps #1 and #2. In general, there are several types of streets in the street hierarchy. · Principal arterials provide major circulation and movement through urban areas and to connect with major activity centers and freeways outside the City of Eagle. Principal arterials are regional roadways and provide travel routes for longer trips. On- street parking is prohibited. Page 9 of26 K:\Planning DeptlEagle Applications\RZ&A \2009\A-04-09 & RZ-04-09 pzf Y orgason.doc · Collector streets intercept traffic from local streets and carry the traffic to the nearest arterial street. Collector streets may extend for one or more miles and serve to connect the developed areas within a section to the arterial roadway network. Collectors may provide access to larger parcels or developments with high trip generation. On-street parking is typically prohibited. · Residential collector streets intercept traffic from local streets and minor numbers of abutting parcels and carry the traffic to a standard collector or arterial street. Residential collectors typically extend less than one-half mile in length. Residential collectors may provide access to local streets, multi-family developments or planned unit developments. On-street parking may be permitted under special circumstances. · Local streets serve to provide direct access to the abutting properties, individual homes or small traffic generators. On-street parking is typically permitted. 8.2.1 Principal Arterial Mobility Function: The primary function of a principal arterial is to provide major circulation and movement through urban areas and to connect with major activity centers and freeways. A principal arterial may serve motorized and non-motorized transportation needs and may include up to seven vehicular traffic lanes. On-street parking is prohibited. Access Function: Access from other roadways is controlled and subordinate to traffic on the principal arterial street. Direct lot access is prohibited or severely restricted. Combined access points are encouraged. The City's Access Management Plan should be the final determination of any site access plan. Right-of- Way: As shall be determined by the Highway District having jurisdiction with recommendations by the City and seriously considered by the Highway District. 8.2.5 Residential Collectors Mobility Function: The primary function of a residential collector street is to intercept traffic from local streets and minor numbers of abutting parcels and carry the traffic to a collector or arterial street. A secondary function is to service abutting property. The ACHD allowed length and number of vehicle trips per day on residential collectors is less than collectors. The residential collector street may serve motorized and non-motorized transportation needs, and be designed with the minimum street section to accommodate the projected vehicle volume. On-street parking may be prohibited. Access Function: To provide limited and controlled access to residential neighborhoods. Direct lot access is typically restricted. Page 10 of26 K:\Planning DeptlEagle Applications\RZ&A\2009\A-04-09 & RZ-04-09 pzfYorgason.doc Right-of-Way As shall be determined by the Highway District having jurisdiction with recommendations by the City and seriously considered by the Highway District. 8.2.6 Local Roadways Mobility Function: The primary function of a local street is to serve abutting property. Local streets are to be designed to allow on-street parking and discourage continuous or unobstructed flow of traffic through residential neighborhoods. Access Function: To normally provide abutting properties with unrestricted access to the local street unless the street is a local commercial street, in which case access restrictions may apply. Right-of- Way: As shaH be determined by the Highway District having jurisdiction with recommendations by the City and seriously considered by the Highway District. All roadways not classified as arterials or collectors are considered local roadways. 8.4 Goals Public Transit Goals Encourage the development of a local and regional public transit system. The public transit system is to provide basic mobility for some, alternative transportation for others, and a non-drive alone mode for everyone. Optimize the effectiveness of public transit through supporting land use decisions. Promote land use changes and redevelopment plans in key areas that provide densities and activities that promote the use and efficiency of a public transit system. Work regionally with COMPASS and Valleyride to plan for the potential of a regional rail or bus rapid transit system. The SH-44, SH-16, SH-55 and US 20-26 corridors have the greatest potential. Evaluate concepts to fund the operation and expansion of the regional public transit system and facilities. Coordinate with the Land Use Elements of the Comprehensive Plan to establish potential transit nodes in the future transit corridors. Pathway System Goals Encourage the development of a local and regional pathway system. The design of the pathway system should be coordinated with other elements of the City's Comprehensive Plan. The pathway system is to provide basic mobility for some and a non-drive alone mode for everyone. Page 11 of26 K:\Planning DeptlEagle Applications\RZ&A \2009\A-04-09 & RZ-04-09 pzf Y orgason.doc Work regionally to integrate the pathway system with the ongoing planning and design efforts for the SH-44, SH-16, SH-55 and US 20-26 corridors. Support the concept and goals of demand management strategies, such as telecommuting, ride-sharing, park-and-ride facilities, etc. to reduce overall travel demand. · APPENDIX 1 - GLOSSARY Transitional Density The shifting of density within a development to allow compatibility with existing uses adjacent to or within a 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 (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. 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. · 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 PUD and/or 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 Page 12 of26 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-04-09 & RZ-04-09 pzfYorgason.doc 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 8-2-4 : Schedule of Building Height and Lot Area Regulations: IMinimum Yard Setbacks II I Minimum Maximum Lot Area Minimum Zoning Lot (Acres Or Lot District Maximum Front Rear Interior Street Covered F Square Width 1* Height Side Side And J* Feet) H* I R-l II 35' 1~[iQJ1 15' I~I 35% II 37,000 II 100' I I R-2 II 35' 1~[iQJ1 10' I~I 40% II 17,000 II 75' I I R-3 1/ 35' I~~I 7.5' I~I 40% 1/ 10,000 II 75' I I MU II 35' I~~I 7.5' I~I 50% II 5,000 II 50' I B. Additional 5 feet per story side setback is required for multi-story structures. Height not to exceed maximum allowed within the zone. · Eagle City Code, Section 8-6-5, PUD, Site and Structure Regulations and Requirements: 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 common area open space and recreational facilities for the residents or users of the area being developed. B. Active Open Space: A minimum of fifteen percent (15%) of the common area open space shall be developed as active open space, as defined in title 9 of this code. 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. Page 13 of26 K:\Planning DeptlEagle Applications\RZ&A \2009\A-04-09 & RZ-04-09 pzf Y orgason.doc C. SUBDIVISION ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: No subdivision is proposed at this time, applicant shall comply with the Subdivision standards in effect at the time of platting. D. DISCUSSION: · The Comprehensive Plan Land Use Map designates this site as Transitional Residential. The Comprehensive Plan Planning Areas map shows this area to be located within the Rim View Planning Area. The applicant is requesting a MU-DA (Mixed Use with development agreement) zoning designation to develop the property in a manner that will allow for higher density adjacent to State Highway 20/26 (Chinden Boulevard) while providing a transition of larger residential lot sizes adjacent to Foxtail and Winward River Heights Subdivisions. The Rim View Planning Area allows for transitioning of lot sizes to ensure compatibility of new residential uses to existing residential use and the commercial and office uses currently located or recently approved for development in the area. The Development Agreement is a discretionary tool that may be used as a condition of rezoning to assure the proper development of this parcel. Eagle City Code Section 8-2-1 provides that 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. · The applicant has provided a concept plan (bubble plan) date stamped by the City on May 29, 2009, showing proposed residential densities, neighborhood business area, open space network and road network. While the concept plan provides a generalized concept of the area it does not provide enough detail to address the conditions of development that may be required as part of the PUD and conditional use process. The applicant should be required to provide a more detailed concept plan to address the conditions of development that are required during the pun and conditional use process prior to approval of preliminary plat. · The recently amended Comprehensive Plan text within Chapter 6 - Land Use, Rim View Planning Area, 6.8.8(a)(2-3), states, (2) "Areas designated as Transitional Residential should have a residential density of up to I-unit per acre. Units may be clustered to provide for transitional lot sizes to ensure compatibility of new residential uses to existing residential uses and the commercial and office uses located at Linder Road and Chinden." Policy (3) states, "Patio home styles and alternative lot sizes may be allowed in conjunction with existing open space and recreation areas located in the Rim View Area. The patio homes and townhouses may be located near the commercial area." Previously, the Comprehensive Plan designated residential densities in this area from 1-2 units per acre. The basis for the density at 1-2 units per acre in this area was to ensure a transition of lot sizes to provide for larger lots adjacent to the larger lot subdivisions to the north and Foxtail Subdivision to the south. During the comprehensive plan amendment hearing process for Eagle Island Market Place (EIMP), the text for the Rim View Planning Area was amended reducing the residential density in the area from 1-2 units per acre to up to one (I) unit per acre. The Concept Plan date stamped by the City on May 27, 2009, shows a transitioning or shifting of density within the development which will allow for compatibility with the existing uses adjacent to or within the site. The applicant has submitted a Proposed Community Master Plan (concept plan), date stamped by the City on May 27, 2009, showing the +/- lI0.56-acre site with approximately three (3) acres of Neighborhood Business adjacent to Highway 20/26 Page 14 of26 K:\Planning DeptlEagle Applications\RZ&A \2009\A-04-09 & RZ-04-09 pzf Y orgason.doc (Chinden Boulevard). The remaining acres of the site shows a mix of residential densities varying from up to eight (8) units per acre reducing in density to up to one (1) unit per acre adjacent to Foxtail and Winward River Heights Subdivisions. The concept plan shows the residential area containing up to eight (8) units per acre centrally located in the southern portion of the site adjacent to Castlebury Business Park, the proposed neighborhood business area, and the LDS Church located on Meridian Road. · Northwest Engineering provided a memo on behalf of the Eagle Sewer District which indicated that a total of 410 equivalent residential units (ERU's) for sewer hookups are available for the Yorgason (subject property), Wilson (Foxtail Golf Course) and BundersonlBodily (adjacent to Linder Road) properties. These properties contain a majority of the undeveloped parcels in the Rim View Planning Area. Utilizing the available 410 ERU's available for the 205 acres of undeveloped area, the overall density for new development in the area outside of the existing subdivisions is calculated at two (2) units per acre. The previous language in the Comprehensive Plan, for the Rim View Planning Area stated "the residential density of new residential uses in the area is up to 1-2 units per acre which provides for transitional lot sizes to ensure compatibility of new residential uses to existing residential use and the commercial and office uses located at Linder Road and Chinden." Although the applicant is proposing a density of 2.4 dwelling units per acre, the overall density in the area for new development (based on the available ERU's) would still meet the policies of the previously approved comprehensive plan. Based on 410 residential ERU's for this area along with the 68 existing residential units (located within three (3) subdivisions and unplatted parcels) the total residential units in the area would be 478. The Rim View Planning Area east of Linder Road, minus the proposed commercial areas and the existing church contains approximately 429 acres. Therefore the overall density in the Rim View Planning Area east of Linder Road would be 1.11 dwelling units per acre. The proposed number of dwelIing units will also help support the recently approved commercial area located at the northeast comer of Chinden Boulevard (principal arterial) and Linder Road (minor arterial) while reducing trip generation to other areas in the vicinity. The higher density adjacent to Chinden Boulevard will also be supportive of plausible future transit routes through the valley. · Since the applicant is applying for a MU-DA (Mixed Use with a development agreement) zoning designation in lieu of a planned unit development, the residential portion of the property should be developed to comply with the minimum open space requirements for a planned unit development pursuant to Eagle City Code, which is a minimum of 20% or 21.40 acres. · The concept plan date stamped by the City on May 29,2009, shows two (2) roads connecting to Meridian Road, two (2) roads stubbing to the Wilson (Foxtail Golf Course) property adjacent to the east, and a road connecting to North Winward Avenue at Foxtail Subdivision. North Winward Avenue connects to West Sly Fox Street and then North Fox Run Avenue which provides access to the traffic light at its intersection with Highway 20/26 (Chinden Boulevard). The street running through Foxtail Subdivision is narrow and the additional traffic from the proposed development may impact residents in the Foxtail Subdivision neighborhood since there are no pedestrian facilities within the subdivision. At the time of preliminary platting the applicant should design reasonable traffic calming measures within the proposed development to address traffic entering Foxtail Subdivision at North Winward Avenue. The applicant should also work with ACHD to address interconnectivity between Meridian Road, Foxtail Subdivision and the adjacent parcel to the west. At a minimum, there should be no less than two (2) roads providing connectivity to the adjacent Wilson (Foxtail Golf Course) property. Page 15 of26 K:\Planning DeptlEagle Applications\RZ&A\2009\A-04_09 & RZ-04-09 pzfYorgason.doc · The property is located within the Meridian Rural Fire District. The applicant should be required to work with the Meridian Rural Fire District regarding all fire service/protection issues for the proposed development. 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 MU-DA (Mixed Use with a development agreement) with the following conditions to be placed within a development agreement: 3.1 Eagle hereby acknowledges that the bubble plan shown on the Concept Plan (Exhibit A) represents Applicant's concept for the Property. All future development of the Property shall be generally consistent with the Concept Plan; provided, however, it is the intent of this Agreement to allow flexibility until such time a detailed conceptual site plan ("Conceptual Site Plan"), and preliminary plat are submitted to Eagle so long as the general intent of the Concept Plan and the conditions and limitations set forth in this Agreement are met. Applicant shall submit the Conceptual Site Plan outlining future phased developments as a modification to the development agreement prior to or concurrent with a preliminary plat application. The Conceptual Site Plan shall provide more detail, including but not limited to, location of roads within the development, lot layout, lot dimensional standards, setbacks for the commercial and residential areas, location and size of common areas and buffer areas. The City shall hold necessary public hearings pursuant to Eagle City Code notice requirements to address the Conceptual Site Plan and any changes thereafter proposed to said plan. The Conceptual Site Plan shall be in lieu of the preliminary development plan provided Conditions of Development and the Findings of Fact and Conclusions of Law for the development agreement modification are similar to Conditions of Development required during the PUD and conditional use process. 3.2 Applicant will submit applicable 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 Eagle City Code, which shall comply with Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 All commercial development within the Property shall be consistent with the Castlebury West Business Park architectural style and be generally consistent with the Eagle Architecture and Site Design Book. The Concept Plan shows the general nature and relative location of certain improvements on 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 Concept Plan with the requirements set forth in this Agreement. 3.4 Applicant shall develop the Property subject to the conditions and limitations set forth in this Agreement and the Findings of Fact and Conclusions of Law approved by the City Council. Applicant shall also submit such applications for design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applications as may be required by the Eagle City Code in effect as of the Effective Date of this Agreement. 3.5 Applicant shall submit a preliminary plat for all or a portion of the Property within two (2) years of the recording date of the Final Plat for Castle bury West Subdivision Phase 3. An approved preliminary plat for this site shall expire two (2) years following action by Eagle City Page 16 of26 K:\Planning DeptlEagle Applications\RZ&A \2009\A-04-09 & RZ-04-09 pzf Y orgason_doc 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 seven (7) 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 its corresponding preliminary plat. Final plat applications submitted in connection with portions of corresponding preliminary plats shall be submitted in an orderly and reasonable manner in intervals not to exceed eighteen (18) months following the recordation of the preceding final plat. (Such final plat applications shall be considered for final approval without resubmission of the preliminary plat for approval). Any final plat shall be recorded within 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 of 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. 3.6 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); provided, however, if, following the Effective Date, the permitted uses of the MU-DA zone are expanded, such expanded uses shall be allowed in the Property and included in this Agreement or portions thereof. If preliminary and final plats are not submitted in a timely manner as set forth in this agreement the Eagle City Code effective at the time of submittal of said untimely plats shall apply thereto. 3.7 The 110+/- acre site of the Property shall consist of approximately 107 acres of residential use (single-family and multi-family units) and approximately 3.0 acres of non-residential uses as described below. 3.7.1 Non-Residential (Commercial) Mixed Use. Commercial uses shall be limited to those uses that complement or are ancillary to the Castle bury West Business Park and are otherwise limited to the following uses, which may be constructed without a Conditional Use Permit: · Banks/financial institutions (no drive up service) · BeautyIBarber Shop · Catering Service (no restaurants) · Day Spa · Office, business and professional · Office, medical and professional · Artist Studios · Clinic · Daycare Center · Personal Improvement · Home and Business services · Laboratories · Pharmacies and Medical Sales (no drive thru service) · Photographic Studio · PrintingIBlueprinting · Professional activities · Travel Services Page 17 of 26 K:\Planning DeptlEagle Applications\RZ&A\2009\A-04-09 & RZ-04-09 pzf Y orgason.doc · Research and Development · Research Activities · Christmas Tree Sales (only until building on the property has begun) · No Drive up or Drive thru services are allowed. 3.7.2 Residential Development. 3.7.2.1 The total residential area shall be approximately 107+/- Acres (inclusive of open space). The maximum density for the Property shall be approximately 2.40 dwelling units per acre with a maximum of257 dwelling units to be located within the areas as generally depicted on the Concept Plan (Exhibit A) attached hereto and made a part hereof and subject to the capacity ofthe sewer system. Residential portions of the Property shall not require a conditional use permit. 3.7.2.2 The residential areas shall transition with higher densities adjacent to the mixed- use non-residential area located at the southern boundary of the site and reducing in density with larger lots in proximity to Foxtail and Winward River Heights Subdivisions as shown on the Concept Plan (Exhibit A). Single-family residential lots shall be no less than one (1) acre in size adjacent to Foxtail and Winward River Heights Subdivisions, which are in existence as of the Effective Date of this Agreement. 3.7.2.3 All open space requirements shall be met pursuant to Eagle City Code 8-6-5-2. Sidewalks and pathways shall be constructed in appropriate locations to provide pedestrian connectivity through the site. 3.8 Dimensional standards and respective setbacks within the Property shall be as follows: Patio Home Lots (5,000 sq. ft. minimum): Front: 15 feet - living area / 20 feet garage Rear: 15 feet Side: 5 feet Street Side: 15 feet Maximum lot coverage 60% Standard R-3 Lots (10,000 sq. ft. minimum): Front: 20 feet Rear: 20 feet Side: 5 feet (additional 2.5 feet per story) Street Side: 20 feet Maximum lot coverage 40% Standard R-2 Lots (17,000 sq. ft. minimum): Front: 25 feet Rear: 20 feet Side: 7.5 feet, (additional 5 feet per story) Street Side: 20 feet Maximum lot coverage 40% Page 18 of26 K:\Planning DeptlEagle Applications\RZ&A\2009\A-04-09 & RZ-04-09 pzfYorgason.doc Standard R-l Lots (43,560 sq. ft. minimum): Front: 30 feet Rear: 30 feet Side: 15 feet Street Side: 30 feet Maximum lot coverage 35% 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 unless otherwise set forth in this Agreement. 3.10 A letter of approval shall be provided to Eagle 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 final plat application. A letter of approval shall be provided to Eagle from the Eagle Sewer District approving the construction plans prior to approval of the respective final plat application. 3.11 Commercial 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 Castlebury West Business Park. 3.11.1 All commercial structures within the Property shall be constructed utilizing architecture consistent with the Castelbury West Business Park. All commercial development within the Property shall be consistent with the CastIebury West Business Park and be consistent with the Eagle Architecture and Site Design Book. Eagle Design Review Board and Eagle City Council approval of the detailed architectural plans is required prior to the issuance of building permits for multi-family residential and commercial/retail buildings. To assure compliance with this condition, Applicant shall create an architectural control committee ("ACC") as a component of the Property'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. The submittal of the building permit application to Eagle for each commercial 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. 3.11.2 All non-residential (commercial) mixed uses shall be subject to dark-sky lighting, noise, or related limitations at the design review approval stage to address additional concerns that may arise. 3.12 Applicant shall comply with all requirements of ACHD and/or ITD, as applicable, to ensure restrictions pertaining to State Highway 20/26 do not exceed existing restrictions placed on Castlebury West Business Park. The City shall not require the Applicant to dedicate or preserve any Right-of-Way that exceeds the width of Right-of-Way dedicated and/or preserved by the Castlebury West Business Park. Page 19 of26 K:\Planning DeptlEagle Applications\RZ&A\2009\A-04-09 & RZ-04-09 pzfYorgason.doc 3.13 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 at least annually until fifty percent (50%) of the property has been platted. 3.14 For each preliminary plat the applicant shall design traffic calming measures within the proposed development to address traffic entering Foxtail Subdivision at North Winward A venue. The applicant shall provide no less than two (2) roads providing connectivity to the adjacent Wilson (Foxtail Golf Course) property. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on June 15, 2009. The Commission continued the item to July 13, 2009, at which time the applications were remanded to staff. The applications were re-noticed and came before the Eagle Planning and Zoning Commission for their consideration on October 26, 2009. The Commission continued the item to November 16, 2009, at which time public testimony was taken, 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 three (3) individuals (other than the applicant/representative) who felt that this development is a great opportunity for the strategic growth of the City relative to the tax base and job growth; the need to protect this "gateway" into the City from the encroachment of the City of Meridian; others expressed their empathy to the Commission's difficult decision; the importance of traffic safety; the need to have a funding system to provide necessary infrastructure; the importance of sustainability, mix of uses, and higher densities; and the advantage of master planning multiple parcels. C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by eleven (11) individuals with concerns regarding increases in traffic and safety issues on heavily traveled Chinden and Linder Road, as well as impacts on the intersection; increase in noise pollution; the size of the commercial project is too big for the area and does not meet the intent of the comprehensive plan agreed upon two years ago; the density is not appropriate for this area; the need to maintain the Comprehensive Plan as it is currently written; the need to protect the existing neighborhoods; projected population growth does not support the ROIC report findings; projected project build-out time frames are not realistic; claims that the developer has not satisfactorily maintained contractual berming; the lack of consistent answers from the developers; request to leave property as-is or purchase property for a city park; the need to buffer commercial from residential; the need to have more conservative analysis of a project relative to financial concerns; and developers should pay for their impacts to infrastructure. D. Oral testimony neither in favor of nor opposed to this proposal was presented to the Planning and Zoning Commission by one (1) individual who stated that the Idaho Transportation Department is not opposed to moving the signal located at Fox Run and Chinden west to the ~-mile, ITD does not have the power to require off-site improvements, and a right-in/right-out access can work properly if internal circulation is designed to not hinder traffic circulation. E. Written testimony in favor of this proposal was presented to the Planning and Zoning Commission by two (2) individuals who felt that this development is a great opportunity for the strategic growth of the City relative to the tax base and job growth; and the need to protect this "gateway" into the City from the encroachment of the City of Meridian; and the dependency on this property being annexed to aid in completing the Eagle Island Market Place west of this site. Page 20 of 26 K:\Planning DeptlEagle Applications\RZ&A\2009\A-04-09 & RZ-04-09 pzfYorgason.doc COMMISSION DECISION: The Commission voted 3 to 1 (Smith against, Villegas recused) to recommend approval of A-04-09 and RZ-04-09 for an annexation and rezone from RUT (Rural-Urban Transition - Ada County designation) to MU-DA (Mixed Use with a development agreement) for Capital Development, LLC, with the following staff recommended conditions to be placed within a development agreement with underline text to be added by the Commission: Commissioner Smith voted against the recommendation stating, in part, that this style of development will impact the quality of life of the existing neighbors. 3.1 Eagle hereby acknowledges that the bubble plan shown on the Concept Plan (Exhibit A) represents Applicant's concept for the Property. All future development of the Property shall be generally consistent with the Concept Plan; provided, however, it is the intent of this Agreement to allow flexibility until such time a detailed conceptual site plan ("Conceptual Site Plan"), and preliminary plat are submitted to Eagle so long as the general intent of the Concept Plan and the conditions and limitations set forth in this Agreement are met. Applicant shall submit the Conceptual Site Plan outlining future phased developments as a modification to the development agreement prior to or concurrent with a preliminary plat application. The Conceptual Site Plan shall provide more detail, including but not limited to, location of roads within the development, lot layout, lot dimensional standards, setbacks for the commercial and residential areas, location and size of common areas and buffer areas. The City shall hold necessary public hearings pursuant to Eagle City Code notice requirements to address the Conceptual Site Plan and any changes thereafter proposed to said plan. The Conceptual Site Plan shall be in lieu of the preliminary development plan provided Conditions of Development and the Findings of Fact and Conclusions of Law for the development agreement modification are similar to Conditions of Development required during the PUD and conditional use process. 3.2 Applicant will submit applicable 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 Eagle City Code, which shall comply with Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 All commercial development within the Property shall be consistent with the Castlebury West Business Park architectural style and be generally consistent with the Eagle Architecture and Site Design Book. The Concept Plan shows the general nature and relative location of certain improvements on 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 Concept Plan with the requirements set forth in this Agreement. 3.4 Applicant shall develop the Property subject to the conditions and limitations set forth in this Agreement and the Findings of Fact and Conclusions of Law approved by the City Council. Applicant shall also submit such applications for design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applications as may be required by the Eagle City Code in effect as of the Effective Date of this Agreement. 3.5 Applicant shall submit a preliminary plat for all or a portion of the Property within two (2) years of the recording date of the Final Plat for Castlebury West Subdivision Phase 3. An approved preliminary plat for this site shall expire two (2) years following action by Eagle City Page 21 of26 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-04-09 & RZ-04-09 pzfYorgason.doc 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 seven (7) 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 its corresponding preliminary plat. Final plat applications submitted in connection with portions of corresponding preliminary plats shall be submitted in an orderly and reasonable manner in intervals not to exceed eighteen (18) months following the recordation of the preceding final plat. (Such final plat applications shall be considered for final approval without resubmission of the preliminary plat for approval). Any final plat shall be recorded within 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 of 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. 3.6 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); provided, however, if, following the Effective Date, the permitted uses of the MU-DA zone are expanded, such expanded uses shall be allowed in the Property and included in this Agreement or portions thereof. If preliminary and final plats are not submitted in a timely manner as set forth in this agreement the Eagle City Code effective at the time of submittal of said untimely plats shall apply thereto. 3.7 The 110+/- acre site of the Property shan consist of approximately 107 acres of residential use (single-family and multi-family units) and approximately 3.0 acres of non-residential uses as described below. 3.7.1 Non-Residential (Commercial) Mixed Use. Commercial uses shall be limited to those uses that complement or are ancillary to the CastIebury West Business Park and are otherwise limited to the following uses, which may be constructed without a Conditional Use Permit: · Banks/financial institutions (no drive up service) · BeautyIBarber Shop · Catering Service (no restaurants) · Day Spa · Office, business and professional · Office, medical and professional · Artist Studios · Clinic · Daycare Center · Personal Improvement · Home and Business services · Laboratories · Pharmacies and Medical Sales (no drive thru service) · Photographic Studio · Printing/Blueprinting · Professional activities · Travel Services · Research and Development Page 22 of 26 K:\Planning DeptlEagle Applications\RZ&A\2009\A-04-09 & RZ-04-09 pzfYorgason.doc · Research Activities · Christmas Tree Sales (only until building on the property has begun) · No Drive up or Drive thru services are allowed. 3.7.2 Residential Development. 3.7.2.1 The total residential area shall be approximately 107+/- Acres (inclusive of open space). The maximum density for the Property shan be approximately 2.40 dwelling units per acre with a maximum of 257 dwelling units to be located within the areas as generally depicted on the Concept Plan (Exhibit A) attached hereto and made a part hereof and subject to the capacity of the sewer system. Residential portions of the Property shall not require a conditional use permit. 3.7.2.2 The residential areas shall transition with higher densities adjacent to the mixed- use non-residential area located at the southern boundary of the site and reducing in density with larger lots in proximity to Foxtail and Winward River Heights Subdivisions as shown on the Concept Plan (Exhibit A). Single-family residential lots shall be no less than one (1) acre in size adjacent to Foxtail and Winward River Heights Subdivisions, which are in existence as of the Effective Date of this Agreement. 3.7.2.3 All open space requirements shall be met pursuant to Eagle City Code 8-6-5-2. Sidewalks and pathways shall be constructed in appropriate locations to provide pedestrian connectivity through the site. 3.8 Dimensional standards and respective setbacks within the Property shall be as follows: Patio Home Lots (5,000 sq. ft. minimum): Front: 15 feet - living area / 20 feet garage Rear: 15 feet Side: 5 feet Street Side: 15 feet Maximum lot coverage 60% Standard R-3 Lots (10,000 sq. ft. minimum): Front: 20 feet Rear: 20 feet Side: 5 feet (additional 2.5 feet per story) Street Side: 20 feet Maximum lot coverage 40% Standard R-2 Lots (17.000 SQ. ft. minimum): Front: 25 feet Rear: 20 feet Side: 7.5 feet, (additional 5 feet per story) Street Side: 20 feet Maximum lot coverage 40% Page 23 of 26 K:\Planning DeptlEagle Applications\RZ&A\2009\A-04-09 & RZ-04-09 pzfYorgason.doc Standard R-l Lots (43,560 sq. ft. minimum): Front: 30 feet Rear: 30 feet Side: 15 feet Street Side: 30 feet Maximum lot coverage 35% 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 unless otherwise set forth in this Agreement. 3.10 A letter of approval shall be provided to Eagle 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 final plat application. A letter of approval shall be provided to Eagle from the Eagle Sewer District approving the construction plans prior to approval of the respective final plat application. 3.11 Commercial Building placement shall be designed such that parking areas are not concentrated between the buildings and roadways of a coHector status or higher. All buildings shall be provided with architectural design elements and architectural relief in keeping with the proposed architectural styles contained in Castlebury West Business Park. 3.11.1 All commercial structures within the Property shall be constructed utilizing architecture consistent with the Castelbury West Business Park. All commercial development within the Property shall be consistent with the Castlebury West Business Park and be consistent with the Eagle Architecture and Site Design Book. Eagle Design Review Board and Eagle City Council approval of the detailed architectural plans is required prior to the issuance of building permits for multi-family residential and commercial/retail buildings. To assure compliance with this condition, Applicant shall create an architectural control committee ("ACC") as a component of the Property'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. The submittal of the building permit application to Eagle for each commercial 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. 3.11.2 All non-residential (commercial) mixed uses shaH be subject to dark-sky lighting, noise, or related limitations at the design review approval stage to address additional concerns that may arise. 3.12 Applicant shall comply with all requirements of ACHD and/or ITD, as applicable, to ensure restrictions pertaining to State Highway 20/26 do not exceed existing restrictions placed on Castlebury West Business Park. The City shall not require the Applicant to dedicate or preserve any Right-of-Way that exceeds the width of Right-of-Way dedicated and/or preserved by the Castlebury West Business Park. Page 24 of 26 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-04-09 & RZ-04-09 pzfYorgason.doc 3.13 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 at least annually until fifty percent (50%) of the property has been platted. 3.14 F or each preliminary plat the applicant shall design traffic calming measures within the proposed development to address traffic entering Foxtail Subdivision at North Winward Avenue. The applicant shall provide a revised concept plan showing the western end of the road immediate Iv north of Foxtail Subdivision terminating as a cul-de-sac prior to reaching the western boundary of the site. The applicant shall provide no less than two (2) roads providing connectivity to the adjacent Wilson (Foxtail Golf Course) property. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at 6:00 PM, March 24, 2009, at the Foxtail Golf Course Maintenance Barn at 6479 N. Fox Run Avenue, Meridian, ID, 83646, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on April 27, 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 25, 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 29, 2009. The site was posted in accordance with the Eagle City Code on June 1, 2009. Requests for agencies' reviews were transmitted on April 30, 2009, in accordance with the requirements of the Eagle City Code. On July 13, 2009, the Planning and Zoning Commission remanded the application to staff. Re- notice of Pubic 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 in the Idaho Statesman on October 3, 2009, and in the Valley Times on October 5, 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 October 6, 2009. The site was posted in accordance with the Eagle City Code on October 6,2009. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-04- 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 MU-DA (Mixed Use with a development agreement) is consistent with the Transitional Residential designation as shown on the Comprehensive Plan Land Use Map since the proposed zone will allow for a minimum lot size that will allow for a transitioning of lot sizes to occur to the adjacent properties. Also, the proposed density is acceptable because it allows for buffering and higher density to occur in proximity to the existing commercial uses and the transportation corridor (State Highway 20/26); and 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, to serve all uses al10wed on this property under the proposed zone; Page 25 of 26 K:\Planning DeptlEagle Applications\RZ&A\2009\A-04_09 & RZ-04-09 pzfYorgason.doc c. The proposed MU-DA (Mixed Use with a development agreement) is compatible with the RUT (Rural-Urban Transition - Ada County designation) zone and land use (Winward Heights Subdivision) to the north since the applicant will be required to provide lots a minimum of one (1) acre in size adjacent to that area, and; d. The proposed MU-DA (Mixed Use with a development agreement) is compatible with the RUT (Rural-Urban Transition - Ada County designation), Rl (Residential- Ada County designation), and MU-DA (Mixed Use with development agreement) zones and land uses to the south since the applicant will be required to provide lots a minimum of one (1) acre in size adjacent to Foxtail Subdivision, provide a buffer between the proposed residential development and Castlebury West Business Park, and a portion of the area is located across Chinden Boulevard in the City of Meridian's Area of Impact, and; e. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with the RUT (Rural-Urban Transition - Ada County designation) and Rl (Residential- Ada County designation) zones and land use to the west since that area is being proposed to be developed in a similar manner as this development and the applicant will be required to provide lots a minimum of one (1) acre in size adjacent to Foxtail Subdivision, and; f. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with the R-E (Residential-Estates up to one unit per two acres) and R-l (Up to one unit per acre one acre) zone and land use to the east since the applicant will be required to provide a landscape berm adjacent to Meridian Road and the developments to the east are located across Meridian Road; and g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and h. No non-conforming uses are expected to be created with this rezone. DA TED this 23rd day of November 2009. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Gary Tanner, Chairman ATTEST: ~K~~ --Sharon . Bergmann, Eagle City Cl, rk ,",......."", ......' f.,AG[ II." ....' O'Y ..... ..../: '..,. ,:-' ~ _"w- ..... ~ ~ f.... .. , ",,,'" ~ ... ....... . '" . :u: : - .. " . :: ,"' .: 0 : : .:r:= ~. \r .~.: -:,.. v,""''' ~ . \ ~ i". \ .... '.. ,,~ '. '1 d!Jll""" Page 26 of 26 K:\Planning DeptlEagle Applications\RZ&A\2009\A-04-09 & RZ-04-09 pzfYorgason.doc