Findings - PZ - 2013 - CPA-01-13/ZOA-03-13/RZ-07-13 - Cpa Add Text/Guerber Park Planing Area/52.5 Acre Subarea BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A COMPREHENSIVE PLAN TEXT & MAP )
AMENDMENT, ZONING ORDINANCE )
AMENDMENT,AND A REZONE FROM R-3 )
(RESIDENTIAL—UP TO 3 UNITS PER ACRE) )
TO MU (MIXED USE) WITH A DEVLEOPMENT )
AGREEMENT FOR JAPHETH, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-01-13/ZOA-03-13/RZ-07-13
The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on December 2, 2013. 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:
Doug Clegg of Japheth, LLC, represented by Shawn Nickel of SLN Planning, is
requesting a Comprehensive Plan Text Amendment to establish language for the "Guerber
Park Planning Area," a +/- 52.5 acre subarea located at the NW corner of State Highway
55 and Hill Road, and site specific Comprehensive Plan Map Amendment to change the
future land use map designation from Residential Three (up to three (3) units per acre) to
Mixed Use, a Zoning Ordinance Amendment to Eagle City Code 8-6-4-5: Housing for
Older Persons to amend the minimum project size and the allowance of private roads, and
a Rezone from R-3 (Residential Three — up to 3 units per acre) to MU-DA (Mixed Use
with a Development Agreement) to construct a mixed density residential development
including "Housing for Older Persons". The 23.85 acre site is located at the SW corner of
E. Sadie Drive and N. Echohawk Way.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Eagle Sewer District office at 6:00 PM,
September 19, 2013, in compliance with the application submittal requirement of Eagle
City Code. The City of Eagle received the application for this item on October 10, 2013.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City Code on November 18, 2013. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on November 15, 2013. Requests for agencies' reviews were transmitted on
October 18, 2013, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Three(up R-3 (up to three units/ Vacant,Former Gravel Pit
to three units/acre) acre)
Proposed Mixed Use(Mixed M-U-DA(Mixed Use Mixed Residential—PUD for
Use) with a Development Housing for Older Persons
Agreement)
North of site Residential Three(up R-3 (up to three units/ Single Family Residential(Ringo
to three units/acre) acre) Ridge Estates)
South of site Residential Three(up R-3 (up to three units/ Vacant/Single Family Residential
to three units/acre) acre)
East of site Business Park BP(Business Park) Vacant, former Gravel Pit
West of site Public/Semi Public PS Guerber Park
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA,CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: 52.5-acre subarea(Comprehensive Plan Map Amendment Area)
23.98-acres (Rezone Area)
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE COMPREHENSIVE PLAN
MAP AMENDMENT:
The current Eagle City Comprehensive Plan sets goals for the community that include, among
other goals, the encouragement of a variety of housing so that all residents can choose sound,
affordable homes that meet individual needs.
J. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE COMPREHENSIVE PLAN
TEXT AMENDMENT:
Once the Land Use Map is successfully amended, it will be necessary to amend the text within the
Comprehensive Plan in order to create a specific Land Use Sub Area. It is proposed that the City
create an area that includes the requested property, together with adjacent, unimproved parcels, a
small pocket of existing residential and the adjacent Guerber Park. The proposed Guerber Park
Planning Area will set the guidelines for how this area should develop, while incorporating the
park and State Highway 55, and protecting existing residential uses, along with access and non-
residential opportunities adjacent to Hill Road. The establishment of this sub area will be a benefit
to the City and its citizens by creating a mixed use opportunities, including a variety of residential,
including "Housing for Older Persons", as well as service related commercial and other uses in
close proximity to established residential neighborhoods, with indirect access to a State Highway.
K. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE ZONING ORDIANCE
AMENDMENT:
A Zoning Ordinance Amendment has been submitted to strengthen the existing language in PUD
Section 8-6-5-4 of the Code that references Housing for Older Persons. The main reason is to
recognize the use of private streets in these types of development.
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L. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
A request for rezone has been submitted in accordance with the requirements of the Eagle City
Zoning Ordinance. A rezone of the requested specific property from R-3 to Mixed Use will allow
for a variety of housing types and density. The proposed density of this development is 4.88
dwelling units per acre. Although the density is greater than the current 3 units per acre that is a
maximum density. This allows The Gateway development to be an excellent transition from the
single family dwellings north in Arbor Ridge, and the future development to the south and along
Hill Road, which warrants a higher density as the land uses transition south through the subject
property. The intent of requesting the MU (Mixed Use) zoning district is to allow the applicant
the ability to develop the 23.98 acres with a range of residential types, including single family
detached, duplex or attached residential, and four-plex or multi-family residential, and lot sizes
and building opportunities that cannot be obtained under the current City R-3 zoning district.
M. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE DEVELOPMENT
AGREEMENT:
The development agreement will allow the applicant the ability to rezone this property with a
zoning designation (MU) that will provide a variety of housing types and densities, while also
providing the City with the ability to lock down the density that the applicant is requesting.
N. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Municipal sewer is available to this site through Eagle Sewer District and water will be supplied
by Eagle Water Company. Fire and emergency medical service will be available from the Eagle
Fire District. The site accesses onto Echohawk Way, and then Hill Road, a designated minor
arterial, and ultimately State Highway 55, a principal arterial. Police protection is provided by
Ada County through contract with the City of Eagle.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map currently exists.
P. NON-CONFORMING USES:
Based upon the information available, the proposed comprehensive plan
amendment/rezone applications will not create any noncompliance with any provisions of
the Eagle City Code.
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments which appear to be of special concern are noted below:
COMPASS
Central District Health
Eagle Fire Department
Idaho Department of Fish and Game
Idaho Department of Lands_
R. LETTERS FROM THE PUBLIC:
Pete Whitehead and Mark Kelly stated in a correspondence date stamped by the City on
November 6, 2013, that they support the proposed Comprehensive Plan Text Amendment,
but requests that the portions of the language be revised, and that the Emergency Access
stubbed to the south parcel be eliminated.
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S. APPLICANT REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
The applicant has proposed that the City create an area that includes the requested property,
together with adjacent, unimproved parcels, a small pocket of existing residential and the adjacent
Guerber Park. The proposed Guerber Park Planning Area will set the guidelines for how this area
should develop, while incorporating the park and State Highway 55, and protecting existing
residential uses, along with access and non-residential opportunities adjacent to Hill Road.
Per Comprehensive Plan"Amendment Procedures"Item B:
Any person may petition the Planning and Zoning Commission for a plan amendment at
any time. The applicant shall submit a letter for a Comprehensive Plan amendment which
will contain the following:
1. Specific description of the change being requested.
2. Specific information on any property involved.
3. The condition or situation which warrants a change being made in the plan.
4. The public need for a benefit from such a change in the plan.
5. A statement that no other solutions to the problem presented by the current policy of
the Plan are possible or reasonable.
6. Proposed development for any land involved.
7. Any other data and information needed by the Planning and Zoning Commission in
evaluating the request.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The property is currently zoned R-3 (Residential up to 3 units per acre). The Comprehensive
Plan Land Use Map designates these sites as Residential Three.
Chapter 1 —Overview
1.1 City of Eagle Statement of Purpose
The purpose of the Eagle Comprehensive Plan is to develop a set of guidelines that the
City will use to promote the health, safety, and general welfare of the residents who live in
the City of Eagle and its Area of City Impact (AOI). To achieve that purpose, the City of
Eagle will strive:
A. To protect property rights and enhance property values.
C. To ensure that the economy of the City of Eagle and its AOI is protected and
enhanced.
F. To avoid undue concentration of population and overcrowding of land.
G. To ensure that the development of land is commensurate with the physical
characteristics of the land.
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Table 1.1 Distribution of Uses
Land Use % of total
Commercial 4%
Mixed Use 7%
Mixed Use Village 5%
Business/Tech 3%
Industrial 1%
Residential 75%
Parks/open space 5%
1.2.1 Idaho Code:
Understanding the constraints of the existing AOI, the City of Eagle began to look at the
requirements for establishing an expanded area of city impact. Under Idaho Code §67-
6526(b),the following three factors are paramount in establishing an area of city impact:
A. Trade Area: Trade area is the area that is needed to provide a city with an economic
base that supports the city. This economic base comprises not only the city limits and
the AOI but also includes the areas that surround a city and bring people into the city
for services. Historically, the City of Eagle has been directly associated with a large
trade area including properties extending north into Gem County and west into eastern
Canyon County. Further, ACHD traffic counts and the existing transportation
network support the claim of this area being within the City of Eagle's economic trade
area.
B. Geographic Boundaries: The Idaho Transportation Department (ITD) has released
plans to improve State Highway 16 from a two (2) lane roadway to at least a nine (9)
lane system (including right-of-way) in excess of one quarter (1/4) mile wide. This
creates an enormous and significant landmark or geographic boundary separating the
properties east of State Highway 16 from those on the western side. This new
transportation corridor will be a significant east-west barrier between Eagle and Star
that will create an impediment for pedestrians, bicyclists, youth and the elderly or
anyone unable to use motorized transportation. In addition, it is unlikely that property
owners east of the new highway corridor will feel identified with a city center that is
entirely cut off to the west. (See Map 1.1) Historically in Ada County, state highways
have been used as area of impact boundaries. For example, State Highway 44 forms
portions of the respective common boundaries between Boise and Garden City. State
Highway 55 forms portions of the respective common boundaries between Meridian
and Boise as well as Boise and Eagle. State Highway 20/26 forms a boundary
between Meridian and Eagle.
C. Annexation in the Future: At the time of this planning effort, the City of Eagle had
received numerous requests for annexation from properties reaching to the State
Highway 16 corridor and north into the Eagle Foothills. If these applications are
approved, Eagle's city limits would be bordered to the West by State Highway 16, to
the South by State Highway 20/26 and to the North into Boise and Gem County
substantiating the City's ability to annex throughout this area.
1.3 The City of Eagle Vision Statement
In 1999, City of Eagle citizens envisioned their future town as a well-planned community
that encourages diversified living and housing opportunities, fosters economic vitality that
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offers jobs for residents, and provides places for people to recreate and enjoy Eagle's
natural beauty.
We envision that in the future Eagle will be:
A. known as a highly livable town that successfully balances growth with many of the
rural elements of its heritage;
B. interconnected with user-friendly pathways and roadways;
C. economically strong with a distinct downtown economic center;
D. providing diversified employment and housing opportunities for all economic groups;
E. an environmentally aware community with distinctive open space, parks and outdoor
recreation;
F. an economically strong city,that fosters local businesses and clean industry;
G. a unique community that maintains its rural residential feel in the midst of the
Treasure Valley.
Similarly as in 1999,the 2004 Soaring 2025 plan, and the Foothills Plan: the City of Eagle
outlined an extensive public visioning process to guide the plan. The visioning sessions
discussed potential growth areas and goals to guide the long term development of the City.
From these visioning sessions, the following four broad goals were identified for the
western AOI and the foothills:
A. Sustainability at build out: Ensure the ability for the city to continue to fund, improve
and support itself, including infrastructure and parks, without the use of building
permit fees, impact fees and zoning fees.
B. Identify "Activity Centers": Identify areas that, due to the nature of existing uses,
future uses and/or transportation corridors, will lend themselves to increased activity
and non-residential use to preserve larger areas as primarily residential neighborhoods
and sensitive areas as open space.
C. Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve the
function of regionally significant roadways through the City while ensuring
compatibility with land uses and design standards of the City.
D. Increased Employment Opportunities: Identify areas that will provide significant
employment opportunities to the residents of the City of Eagle thereby allowing the
City to be a desirable place to live, work, and recreate.
1.5 Relationship to the City of Eagle Zoning Ordinance
Idaho Code §67-6511 states that "zoning districts shall be in accordance with the adopted
plan." In general this means that zoning must be "in keeping" with a comprehensive plan
if one exists. Further, the Eagle City Zoning code requires consistency between the
comprehensive plan and affected zones at the time of rezoning. Additional zoning
classifications may be needed to ensure the accurate implementation of this sub-area plan.
1.6 Relationship to Ada County Planning
The goals and policies of this plan are intended to be applied within the Eagle City limits
and the negotiated Eagle Area of City Impact. The City acknowledges that the county
may not have all the tools and codes necessary to implement this plan and will, upon
transmittal and review, recommend to the county which county codes and appropriate
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conditions should be implemented to best implement and meet the intent of the Eagle
Comprehensive Plan. It is the desire of the City of Eagle to have all urban development
that occurs in the Area of City Impact to be under the jurisdictional authority of the City
and connected to municipal services.
Chapter 2—Property Rights
2.4 Implementation Strategies
A. Land use development regulations should be designed to protect the health, safety and
welfare of the community, and to avoid any unnecessary conditions, delays and costs.
B. The protection and preservation of private property rights should be a strong
consideration in the development of land use policies and implementation standards
and regulations and as required by law.
C. The Comprehensive Plan and implementing ordinances should strive for stable and
consistent policies regarding development densities and requirements.
D. All changes in the comprehensive plan and land use entitlement should be reviewed in
compliance with this plan and the visioning plan for the western area. (Map 2.1)
Chapter 4—Schools,Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the public
and are generally available to Eagle residents. The City and special districts provide the
basic services of water, sewer, school, police, fire and library to residents. With Eagle's
growing population comes the need for increased public services and the necessity to
improve existing service delivery systems.
Chapter 5—Economic Development
5.1 Background
The economic development component of the Comprehensive Plan presents a discussion
of the economics and employment in Eagle. The city encourages appropriate economic
development while retaining those attributes that give Eagle its special living and working
environment.
5.3 Economic Development Goals
A. Ensure the ability for the City to continue to fund, improve and support itself,
including infrastructure, without the use of building permit fees, impact fees and
zoning fees.
B. Identify areas that will provide significant employment opportunities to the residents
of the City of Eagle thereby allowing the City to be a desirable place to live, work, and
recreate.
C. Identify areas that, due to the nature of existing uses, future uses and/or transportation
corridors, will lend themselves to increased business activity and nonresidential use so
as to preserve larger areas as primarily residential neighborhoods.
D. Increase available jobs within the City of Eagle to levels comparable with adjacent
communities.
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Chapter 6—Land Use
6.1 Background
Managing growth and channeling it into orderly community development is the key
element of land use planning. Unplanned growth results in undesirable land use patterns.
Areas within the City and within the City's planning areas are given land use designations
which are depicted on the Comprehensive Plan Land Use Map, hereinafter referred to as
the"Land Use Map". (See Map 6.1 &6.2)
The Land Use Map is an integral part of the Comprehensive Plan. It serves as a planning
policy document and planning tool that will assist the City in sustaining responsible
growth and development to ensure that evolving land use patterns remain consistent with
goals, objectives and strategies of the Plan.
Land use designations as reflected on the Land Use Map are based on the existing land
use pattern, existing natural physical features such as the Boise River, Dry Creek and the
foothills, floodplain areas, capacity of existing community facilities, projected population
and economic growth, compatibility with other uses of the land, transportation systems,
and the needs of local citizens.
As a part of the review of the 2000 Comprehensive Plan, the City completed a land
capacity analysis of ht economic sustainability of the existing AOI and future growth areas
for the City. This study found that the City of Eagle, though stable and united in its vision
to develop a city with a uniquely rural character, did wish to establish long term
sustainability for the City as it approached build out.
The 2007 Comprehensive Plan detailed the following uses for the incorporated City and
the AOI:
Table 6.1 —Mixture of Land Uses
Mix of Uses (including Foothills)
•Commercial,
Mixed Use,
Business,&
Industrial
62%
11 Residential
30%
❑Parks/open
space
8%
6.3 Land Use Designations
Development density shall be calculated by project. Unused density for
undeveloped or underdeveloped land adjacent to or within the same land use
designation will not be transferred or used to "balance" or "maximize" densities
within an area. Clustering will only be allowed as specified in the "Parks,
Recreation, and Open Spaces"chapter of the Comprehensive Plan.
For the purposes of this comprehensive plan, the density shall be defined as the
ratio of the total number of dwelling units within a project divided by the total
project area. Should that number be a fraction, it shall be rounded up to the
nearest whole number, except where the comprehensive plan details a fractional
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density, and then the density shall not exceed the number described in the
comprehensive plan.
The land use designations on the Comprehensive Plan Land Use Map, and as may
be referred to within the text of the Comprehensive Plan, are defined on the Land
Use Designation Matrix, Table 6-1, and Zoning Compatibility Matrix, Table 6-2,
and are as follows:
6.3.5 The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates
this site as the following:
Residential Three
Suitable primarily for single family residential development within an urbanized
setting. An allowable density of up to 3 units per 1 acre.
6.3.9 The applicant is proposing to rezone the site as the following:
Mixed Use
Suitable primarily for a variety of uses such a limited office, limited commercial,
and residential developments. Uses should complement uses within Downtown
Eagle. Development within this land use designation should be required to
proceed through the PUD and/or Development Agreement process, see specific
planning area text for a complete description. An allowable density of up to 10
units per 1 acre.
6.4 Land Use Goals
B. Ensure the ability for the city to continue to fund, improve and support itself
(including infrastructure) without the use of building permit fees, impact fees
and zoning fees.
C. Identify areas that, due to the nature of existing uses, anticipated uses, and/or
transportation corridors, will lend themselves to increased activity and non-
residential use while preserving larger areas as residential neighborhoods.
D. Preserve the function of regionally significant roadways transecting the City
while ensuring compatibility with land uses and design standards of the City.
6.6 Land Use Implementation Strategies
B. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fire, recreational areas, highways and
transportation systems.
C. Provide for a broad spectrum of housing types including apartments,
townhouses, condominiums, single-family attached, manufactured homes,
affordable and subsidized housing and large-acreage developments.
G. Locate higher-density residential development closest to Downtown Eagle
and activity centers as shown on the Comprehensive Plan Land Use Map.
K. Institute a PUD ordinance to facilitate and regulate cluster development.
S. Encourage a variety of housing through such mechanisms as PUD's in
subdivisions including large lot subdivisions.
V. Maintain a Future Land Use Map that encourages higher densities around
activity centers and transit routes but also provides for large residential areas
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that continue to promote the rural character of the City of Eagle. (See Map
6.1 &6.2)
W. Use smaller planning areas to help guide development in the western planning
area. (See Map 6.3)
Y. Require design treatments to provide compatibility of new development with
existing development by considering such issues as building orientation,
increased setbacks, height limitations, size restrictions, design requirements,
fencing, landscaping or other methods as determined through the development
review process.
Z. Subject to all commercial and subdivision development within the City to
Design Review.
Chapter 8—Transportation
8.2 Street Classifications
A roadway system must include a number of streets, each of which are designated
to handle a particular type and amount of traffic. The Community Planning
Association (COMPASS) Functional Street Classification Map illustrates the
various classifications of roadways that are included in the Ada County roadway
system. The Eagle section of the COMPASS Functional Street Classification
Map and Regional Transportation Plan should consider the City of Eagle
Transportation/Pathway Network Maps#1 and#2.
• Minor arterials are similar to principal arterials but serve to carry through
traffic by connecting with and augmenting the principal arterial system.
Minor arterials are typically section line roads. On-street parking is
prohibited.
• Local streets serve to provide direct access to the abutting properties,
individual homes or small traffic generators. On-street parking is typically
permitted.
8.2.3 Minor Arterial
Mobility Function:
The primary function of a minor arterial is to carry through traffic by connecting
with and augmenting the principal arterial system. A minor arterial may serve
motorized and non-motorized transportation needs, be designed with the
minimum street section needed to accommodate projected traffic volume, and in
conformance with the Long Range Transportation of COMPASS. On-street
parking is prohibited.
Access Function:
Access from other roadways is less restrictive than principal arterials. Direct lot
access is restricted prohibited or severely restricted. Combined access points are
encouraged. The City's Access Management Plan should be the final
determination of any site access plan.
Right-of-Way:
As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway District.
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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 shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway District.
8.4 Goals
A. Roadway System Goals
1. Develop a transportation system to serve the planned land uses of the City
of Eagle and its Area of Impact. The transportation system should
provide regional connectivity to neighboring cities and regions.
2. Maintain the functional and connectivity of the street system for current
users,emergency response efforts, and for use by future generations.
3. Using sound land use and transportation relationships, develop alternate
routes or corridors for ACHD planners to evaluate that best emphasize the
needs of developing areas while lessening the potential for congestion.
This is typically implemented through the development review process.
4. Protect and buffer homes, businesses, sidewalks and pathways, parks and
opens spaces from the adverse impacts of roadways and traffic.
Reasonable design measures should include narrower street sections,
medians, alleys, landscaping, pathways and trails, and the design of
bridges and other structures.
5. Develop an access management plan for the arterial, collector and local
street system. Communicate the access management plan to the ITD, the
ACHD and the local development community.
10. Protect and support the existing and planned roadway system connecting
the City of Eagle to the area south of the Boise River. Protect the
operational integrity of the existing river crossings at Eagle Road and
Linder Road. Support the current regional plans to develop two new river
crossings in the SH-55 and SH-16 alignments.
12. Protect community identity and values of important roads from
unnecessary expansion by adopting specific designs and cross sections for
these roads (ie: North Eagle Road).
C. Pathway System Goals
1. 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.
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2. 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.
3. Support the concept and goals of demand management strategies, such as
telecommuting, ride-sharing, park-and-ride facilities, etc. to reduce
overall travel demand.
8.5 Objectives
A. Encourage completion of the existing street system and creation of new
links, within reasonable constraints, as the transportation system develops.
B. Encourage the preservation of right-of-way for future grade-separated
intersections where appropriate within the SH-44, SH-55, US 20-26 and
SH-16 corridors.
C. Maintain a land use decision-making process that is supportive of the
operational characteristics identified in the most recent Regional
Transportation Plan for Ada County of record, and which is protective of
living environments along streets. Balance the regional need for
connectivity with the local needs of accessibility.
D. Ensure that corridor planning, roadway route selection and other
transportation system development consider the impact on the
development potential of adjacent and under-developed lands.
E. Promote land use policies that limit access as necessary to maintain safe
and efficient operation of the existing street system while allowing
reasonable access to individual development parcels.
F. Maintain safe and comfortable neighborhoods by minimizing speeding
and cut-through traffic while avoiding cul-de-sac streets that isolate
individual neighborhoods.
G. Coordinate with the Community Planning Association (COMPASS), Ada
County Highway District (ACHD), Valley Regional Transit (VRT), and
the Idaho Transportation Department (ITD) to ensure consistency
between transportation system improvements and the land use plans and
decisions of the City of Eagle and surrounding city and county
governments.
8.6 Implementation Strategies
8.6.1 Roadway Strategies
A. Work in conjunction with the Ada County Highway District (ACHD),
Idaho Transportation Department (ITD), and Community Planning
Association (COMPASS) to classify roadways on the City of Eagle
Transportation/Pathway Network Maps #1, #2, #3 incorporated into this
Comprehensive Plan by reference. The Maps are to assure conformity to
designations as delineated on the Land Use Map. The maps shall be
provided to the Community Planning Association for input into the
Community Planning Association's Functional Street Classification Map
and Regional Transportation Plan.
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C. The most recently adopted Regional Transportation Plan for Ada County
of record is adopted by reference as part of the City of Eagle
Comprehensive Plan.
F. Integrate all modes of travel to reduce travel and support air quality
improvement measures.
G. Encourage roadway design standards and roadway classifications that are
consistent with the Idaho Transportation Department (ITD), Ada County
Highway District (ACHD), Community Planning Association
COMPASS, and other agencies that may be responsible for roadway
planning and design.
I. Evaluate the impact to the City of all roadway improvements and roadway
extensions.
K. Work regionally to integrate the pathway system with the ongoing
planning and design efforts for the SH-44, SH-16, SH-55 and US 20-26
corridors
8.6.2 Specific Design Strategies
A. Encourage sidewalks that are separated from the curb on all streets,
except for areas where Eagle City Code requires sidewalks to abut the
curb and where existing buildings, inordinate environmental impacts, or
other impacts make setting the sidewalk back infeasible. Meandering
sidewalks should be required if permitted under the Americans with
Disabilities Act (ADA) and where space permits. A planter strip of
sufficient width for street trees between the sidewalk and roadway should
be required. Where adequate facilities exist, efforts should be made to
provide a canopy effect over the roadways. The type of street trees used
should be those that have root systems that have proven to not cause
sidewalk or curb damage when in close proximity to such improvements.
Root barriers should be required.
C. Support the access restriction policies of the Ada County Highway
District and the Idaho Transportation Department at a minimum. The
access restrictions shall be based upon the most stringent future use of the
roadway. Temporary accesses may be considered in areas with a
developing regional roadway network.
D. Limit access to all arterial streets.
E. Discourage direct lot access to parcels abutting arterial and collector
streets.
G. Develop methods, such as cross-access agreements, frontage and backage
roads,to reduce the number of existing access points onto arterial streets.
J. Encourage planning of local roadway systems that will provide for intra-
neighborhood connectivity. The connecting roadways should be designed
to not become collectors and to discourage traffic from cutting through
neighborhoods to go from a collector or arterial to another collector or
arterial. Such intra-neighborhood connectivity is for emergency and
delivery vehicles and for local intra-neighborhood access.
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L. Work with Ada County Highway District, local developers and
neighborhoods in the operation of a local traffic-calming policy that
balances the needs of the roadway, the drivers,pedestrians,bicyclists, and
the traveling public.
8.6.3 Transit Strategies
A. Encourage park and ride lots within the City and Impact Area as
development occurs or as part of a major corridor plan. The SH-44, SH-
16, SH-55 and US 20-26 corridors have the greatest potential. Impacts to
existing or planned neighborhoods should be considered.
B. Coordinate with ACHD and the regional transit authority to encourage the
development of transit system amenities (shelters, bus turnouts, etc.) with
the any major activity centers along major arterial corridors and in others
areas as the need develops.
C. Encourage the development of transit system amenities (shelters, bus
turnouts, etc.) within the Village Center, along major arterial corridors
and in others areas as the need develops.
E. Develop transit supportive corridors along SH-44, SH-16, SH-55 and US
20-26.
8.6.4 Pathway Strategies
A. Encourage new development to provide for pedestrian, equestrian, and
bicycle circulation in accordance with the City of Eagle
Transportation/Pathway Network Maps #1, #2, #3, adopted local and
regional pathway plans, as may be needed for intra-neighborhood
connectivity and to ensure that bike and pedestrian traffic is not
unnecessarily pushed out onto arterials and collectors.
B. Encourage the provision of equestrian, pedestrian and bicycle safety and
comfort with enhanced pedestrian crossings of the State Highways
(Highway 44 and Highway 55). Pedestrian/bicycle overpass or underpass
crossings should be considered. Also, at grade intersection
enhancements, such as landscaping, crosswalk pavers and signage, for
pedestrian/bicycle safety and comfort, should be considered.
8.6.5 Land Use and Parking Strategies
E. Establish and require minimum setbacks between developments and
roadways and to encourage installation of berms and landscaping for all
developments to enhance safety, provide noise attenuation and to enrich
the roadway or community appearance. Special considerations may be
required for Foothills developments.
F. Establish a system to review the cumulative effect of the impacts to the
transportation system from development.
G. When reviewing land use amendments, zone changes, master plans,
conditional uses and other significant entitlement requests, take into
consideration the impact of the project on street levels of service. The
City's preferred standards shall be those identified for new streets in
ACHD's Development Policy manual, or its successor. Service level
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impacts shall be minimized through project modifications, traffic
management plans, street improvement plans or other means.
K. All new developments shall be reviewed for appropriate opportunities to
connect to local roads and collectors in adjacent developments.
L. New developments shall be required to stub access to adjacent
underdeveloped parcels, where appropriate.
Chapter 9—Parks,Recreation and Open Spaces
9.3 Future Conditions
As the City of Eagle grows, new parks and facilities will be needed to meet the
recreation needs of the community. There will be a demand for more parkland
including pathways, practice fields and ball fields as well as a skateboard park.
The completion of Reid Merrill Sr. Park, Ada County Sports Park and the new
entrance to Eagle Island State Park may meet current needs. Land acquisition for
future park sites and pathways is vital in order to develop land for pathways and
neighborhood parks. There will also be a need for indoor facilities and recreation
programs. One cost effective method available to the City is to pursue joint
venture development and use opportunities with the school district. The City of
Eagle values its river, creeks, canals, and foothills. Opportunities for the City
include maintaining drainage and canal corridors and rights-of-way to establish a
pathway system. New development projects will provide for pathway circulation
in accordance with adopted local and regional pathway plans. A Pathways
Committee would review development proposals to ensure pathways continuity.
Maintaining these corridors will add community identity and ensure the quality of
recreation in Eagle. These areas are the habitat of a variety of species (e.g., fish,
eagle, etc.) and play an important role in the community's ecology.
9.4 Parks
9.4.1 Goal
A. To create ample areas and facilities for our residents' diverse indoor and
outdoor park and recreational interests.
9.4.2 Objectives
A. To develop parks and recreational programs which meet the different needs,
interests, and age levels of our residents in both the rural and urban areas.
B. To plan and design parks for sustainability and conservation of natural
resources.
C. To provide a system of neighborhood parks where safe and convenient access
is available to residents.
D. Provide a system of interconnected parks, trails and open spaces throughout
the City.
E. To dedicate and develop areas for parks in new residential developments.
9.4.3 Policies
A. Acquire land for future parks in neighborhood and community settings at a
rate that meets or exceeds the national standards.
B. Seek innovative funding sources for acquisition, planning, design,
construction, and maintenance of parks.
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C. Ensure all City parks are managed and maintained in a cost effective manner
for the enjoyment of the public.
9.4.4 Implementation Strategies
A. Develop policy to preserve, in perpetuity, established parks and land acquired
for parks.
E. Aggressively explore public/private or intergovernmental agreements to assist
in park acquisition, development, and recreational opportunities.
G. Create an ordinance that requires developers to dedicate and establish parks in
new developments.
9.5 Pathways and Greenbelts
Pathways are non motorized multi-use paths that are separate features from
bicycle and pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e.
the Boise River and Dry Creek) and are designed to prevent undesirable
encroachment. Greenbelts may include pathways and/or bike lanes.
9.5.1 Goal
A. To create a pathway system that provides interconnectivity of schools,
neighborhoods,public buildings,businesses, and parks and special sites.
9.5.2 Objectives
A. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
B. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
E. Require all development to provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
J. Identify connections between trail sections and existing and future parks and
open spaces.
O. Provide separate and safe pathway crossings for Highways 55 and 44 at key
pathway intersections.
9.5.3 Implementation Strategies
A. Create ordinances that require developments to provide improved pathway
systems with links to adjoining pathway systems,parks, and open spaces.
9.6 Open Space
Open space is land which is not used for buildings or structures and offers
opportunities for parks, recreation, water amenities, greenbelts, river trails and
pathways, tourism, leisure activities, viewpoints, and wildlife habitat.
9.6.1 Goal
A. To provide wherever possible open space and natural features such as natural
river frontage, greenbelts, river trails and pathways, creeks, flood plains and
flood ways, drainage ways and canals, development buffers, wooded areas,
grasslands, foothills, and viewpoints for public use and enjoyment.
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9.6.2 Objectives
A. To establish open space to protect the finite resource base of Eagle's natural
environment - air, ground water, surface water, soil, forested areas, plant and
wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and
wetlands.
B. To provide an open space setting for active and passive recreation for all age
groups throughout the community.
9.6.3 Policies
A. To encourage cluster development within the City limits so as to retain open
space in perpetuity. Cluster developments located outside the City limits but
within the Impact Area shall be prohibited.
B. To encourage the City to develop working relationships with other
agencies/entities to establish and protect open space.
9.6.4 Implementation Strategies
A. Require developers to utilize open space for above-ground, on-site storm
water management (i.e., grassy swales, constructed wetlands, and water
features).
B. Explore public/private or intergovernmental agreements to set aside and
protect open space (i.e., land trusts, conservation easements, and
memorandums of understanding).
C. Create an ordinance that requires developers to include set asides for open
space.
D. Establish guidelines for open space set asides.
E. Develop a comprehensive beautification plan that includes but is not limited
to open space such as road rights-of-way, abandoned road segments, and City
entryways.
F. Develop a storm water management plan to include utilization of onsite open
space for storm water management features.
G. Create an ordinance that requires developers to dedicate and establish open
space/parks in new developments. Encourage developers to identify and
preserve wildlife mitigation corridors.
Chapter 10—Housing
10.1 Background
The Eagle area is transitioning from primarily agricultural land uses to residential
and commercial land uses. Eagle's quiet charm and agricultural roots have made
the community a mecca for those seeking larger lots for open space and gentleman
farming. Over the last years much of the agricultural land has been divided into a
variety of parcel sizes which are highly sought after by many urban residents.
Density options that reconcile quality of life and costs of services issues must be
balanced and will require compromise by all parties.
10.2 Goal
A. Encourage a variety of housing so that all residents can choose sound,
affordable homes that meet individual needs.
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10.3 Implementation Strategies
A. Encourage a wide diversity of housing types and choice between ownership
and rental dwelling units so that adequate, affordable housing is available for
all income groups.
B. Coordinate the location of all housing with the ability to be served by
adequate public facilities and services.
Chapter 12—Community Design
12.1 Vision
Over the next 20 years, the City of Eagle is forecasted to experience high growth
rates that without proper management and planning will impact the quality of life
and housing options available to its residents. Rather than ignore the growth
pressures that are currently shaping most Treasure Valley communities, the City
of Eagle is looking at options that will embrace housing alternatives and transit
density but will also preserve the rural nature of the City.
12.2 Goals
A. Protecting the City's character: Strive to create an aesthetically pleasing
community and protect the unique natural beauty and small town character of
the City.
B. Maintaining a functioning City at build out: Ensure that the City can continue
to fund, improve and support itself, including its infrastructure and parks, at
build-out when building permit fees, impact fees and zoning fees are no
longer available.
C. Preserving Regional Transportation Corridors (State Highway 55, 20/26, 16
& 44): Preserve the function of regionally significant roadways through the
City while ensuring compatibility with land uses and design standards of the
City.
D. Identifying "Activity Centers": Identify areas that, due to the nature of
existing uses, future uses and/or transportation corridors, will lend themselves
to increased activity and non-residential use and will therefore allow the City
to preserve larger areas as primarily residential neighborhoods.
12.3 Objectives
A. Enhance the appearance of the City's entry corridors. Design review
procedures should guide future development and redevelopment of existing
uses. Depending on land uses and buildings, more extensive landscaping and
fewer points of access may be required. The design review process will
enable the City to address the special features of each property and facility in
a manner that will best address the overall intent of enhancing Eagle's
entryways. Eagle's entrance corridors may take on the look of landscaped
berms like those built adjacent to the Banbury and Lexington Hills
Subdivisions.
C. Provide residents of the City of Eagle and the Area of City impact with
opportunities to seek housing in a neighborhood of their choice.
D. Create a clearly identifiable community.
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12.4 Implementation Strategies
A. Establish and maintain development patterns and design criteria in keeping
with the rural transitional identity of Eagle.
B. Include in the City Design Review Ordinance criteria for building design,
landscaping, signage and other aesthetic standards. Development along State
Street within the Impact Area and outside the City limits shall be encouraged
to comply with the Design Review Ordinance.
J. Require new residential, commercial, and industrial development to meet
minimum design standards as specified by City Ordinances.
L. Develop buffer and transition zones between conflicting types of land use.
Q. Encourage the development of pathways and open-space corridors throughout
the City.
V. Maintain the rural residential character and open space environment n and
around the City.
HH. Provide a variety of housing opportunities ranging from large lot residential
to multi-family apartment uses.
II. State Highway 44, State Highway 55, State Highway 20/26, State Highway
16 and the proposed east west collector are designed as scenic corridors
requiring landscaped setback and separated meanderings sidewalks,
modified standards may be necessary within the Eagle Foothills.
Illustration 12.1
t
i -
r,A
Berming along Eagle Road(State Highway 55)
KK. Recognize the following gateways:
5. State Highway 55 and the Boise County line.
Chapter 13—Implementation
13.5 Comprehensive Plan Amendments
From time to time, changing conditions will result in the need for comprehensive
plan amendments.
The Land Use Planning Act provides for amendment to the Comprehensive Plan.
The City Council or any group or person may petition the City Planning and
Zoning Commission for a plan amendment at any time. On its own initiative, the
City Planning and Zoning Commission may originate an amendment to the
Comprehensive Plan. However, the City Planning and Zoning Commission may
recommend amendments to the Comprehensive Plan to the City Council not more
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frequently than every six (6) months; however text amendments may be
recommended at any time.
13.6 Goal
A. The Eagle Comprehensive Plan and related ordinances are working
documents used by citizens and City leaders to shape the future of Eagle.
13.7 Implementation Strategies
A. Update the zoning and subdivision ordinances to be in conformance with the
adopted Comprehensive Plan as required by state law.
B. Charge the Planning and Zoning Commission to be responsible to review the
status of the implementation actions and critique the relevance of the
Comprehensive Plan, including recommending any amendments to City
Council on an as-needed basis.
C. Require any person applying for a Comprehensive Plan amendment to submit
a justification letter for the amendment which letter shall include the
following:
1. A specific description of the change being requested.
2. Specific information on any property involved.
3. A description of the condition or situation which warrants a change being
made in the Plan.
4. A description of the public benefit(s) that would occur from such a
change in the Plan and an explanation of why the public would need any
such benefit(s).
5. An explanation of why no other solutions to the condition or situation
which warrants a change in the Plan are possible or reasonable under the
current policies of the Plan.
6. A proposed development plan for any land involved if a specific
development is planned at the time the request for the amendment is
being made.
7. An analysis showing the estimated impact that the proposed change is
expected to have on existing and planned infrastructure.
8. Any other data and information required by the City for the evaluation of
the request.
Glossary:
Community Commercial: A large shopping area that may feature a grocery
store as well as department stores or volume discount retail outlet as an anchor.
It may also include a variety of uses such as restaurants, office and
entertainment. A community commercial area may have a total of 80,000 to
120,000 square feet but no single building in excess of 50,000 square feet.
Limited Service Commercial: Uses that accommodate retail sales and
services for the daily self sufficiency of local communities, ensuring that the
intensity of limited commercial development is compatible with the character
of the area with special concern to adjacent residential uses.
Limited Retail: Establishments providing retail services, occupying facilities
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of 10,000 square feet or less. Typical establishments provide for specialty
retailing or retailing oriented to the surrounding vicinity.
Neighborhood Commercial: A moderate sized shopping area that features a
grocery store but may also include a drug store or variety of services such as
stationary, clothes, restaurants, dry cleaners, real estate, gardening and other
similar uses. A neighborhood commercial area may have a total of 15,000 to
30,000 square feet but no single buildings in excess of 25,000 square feet.
Professional Office: Uses providing for administration, professional services,
and associated activities. These uses often invite public clientele but are more
limited in external effects than commercial uses.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code 8-2-4 SCHEDULE OF BUILDING HEIGHT AND LOT AREA
REGULATIONS:
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Area Minimum Lot
District Height Side Side Lot Covered (Acres Or Sq. Ft.) Width
R-3 35' 30' 25' 7.5' 20' 40% 10,000-square feet 75'
MU 35' 20' 30' 7.5' 20' 50% 5.000-square feet 50'
• Eagle City Code, Section 8-6-5-4(A)Housing for Older Persons:
To provide an incentive for communities for"older persons" (55 and over—as defined by
the federal fair housing act of 1999, or any subsequent revision thereof) to be included
within lower density residential PUDs the council may authorize an increased residential
density to allow a maximum of three (3) dwelling units per gross acre within any zoning
designation which limits density to less than three (3) dwelling units per gross acre
specifically and solely for any portion of a PUD planned for a community for "older
persons". Such a density increase shall not be permitted in an A or A-R zoning
designation.
Character, identity, landscaping and architectural/siting variation are to be incorporated
into any community for "older persons". The community may consists of single-family,
two-family or multi-family dwelling units, or a mixture thereof, and should be clustered
and include amenities for "older persons". Zero lot line development with common open
space areas shall be the only type of development permitted to be considered for such an
increase. The zero lot line development shall allow for minimal front and/or rear yard
areas for each residential unit if proposed by the developer and approved by the city.
However, the exterior side walls of all residential buildings shall abut a common area lot
line. The intent of the zero lot line development is to allow for large areas of open space
as opposed to a sea of side yard and rear yard fences dividing residential lots. For
purposes of this section, the minimum lot size referenced elsewhere within this code shall
be calculated by considering the entire community for "older persons" as a whole. Also,
the PUD shall be designed so the community for "older persons" portion of the
development does not abut residential parcels adjacent to the PUD and sufficient buffering
be provided as may be required by the city.
The following site criteria must be met in order to consider approval of the density
increase for the community for"older persons":
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1. The land area for the community for "older persons" shall not encompass a land area
exceeding sixteen percent (16%) of the total land area within the entire planned unit
development;
2. The total land area of the entire planned unit development shall be a minimum of
eighty(80)acres;
3. The entire PUD shall be served by either a municipal or community water and sewer
system;
4. Any limitations regarding individuals occupying the community for "older persons"
must be in accordance with local, state and federal regulations, and must specifically
be in accordance with the federal fair housing act as revised in 1999, or any
subsequent revision thereof. "Older persons" shall be as defined within the
aforementioned act;
5. The community for "older persons" shall be prohibited within any 100-year
floodplain;
6. Open space requirements shall be as follows (where this section and any other section
of this title or Title 9 of this code conflict or overlap,this section shall control):
a. If the residential lots (not including the community for "older persons" portion of
the PUD) meet the minimum lot size requirement or are reduced below the
minimum lot size requirements such that no residential lot is less than one acre in
size, the entire PUD shall consist of a minimum of twenty percent (20%) of open
space.
b. If the residential lots (not including the community for "older persons" portion of
the PUD) are reduced below the minimum lot size requirement such that any
residential lot is less than one acre in size, the entire PUD shall consist of a
minimum of twenty six percent(26%) of open space.
c. Pathways, buffer areas, public park sites, public school sites, and public golf
courses and/or driving ranges proposed within any such PUD shall be included, in
their entirety, with any other open space areas proposed when calculating the
minimum open space required.
d. A minimum of one 5,000-square foot clubhouse/indoor recreation facility shall be
provided with the community for"older persons" portion of the PUD.
7. The final plat shall include a note indicating that the portion of land permitted for the
density bonus for "older persons" shall be for "older persons" as defined by the federal
fair housing act as revised in 1999, or any subsequent revision thereof.
8. Enforcement of the provisions of the federal fair housing act of 1999, or any
subsequent revision thereof, must be the responsibility of the homeowners' association
and so noted in the CC&Rs. (Ord. 566, 5-15-2007)
• Eagle City Code, Section 8-10-1: REQUIREMENTS AND RESTRICTIONS (for
development agreements):
A. Purpose: Development agreements are a discretionary tool to be used by the Council as a
condition of rezoning. Development agreements allow a specific project with a specific
use to be developed on property in an area that is not appropriate for all uses allowed or
conditional in the requested zone.
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B. Initiation Of Development Agreement:
1. A development agreement may be initiated for the rezoning of a particular parcel of
land or collection of parcels of land through the following methods:
a. On application by the property owner.
b. On recommendation of the zoning administrator.
c. On recommendation of the commission.
d. Required by the council.
2. In the event of a determination by the commission that a development agreement
should be entered into, the commission shall retain jurisdiction of the matter, defer
consideration of the rezone applied for and set a time limit for submittal of the
development agreement. The commission shall then proceed as specified in this
section.
3. In the event of a determination by the council that a development agreement should be
entered into, the council shall remand the matter back to the commission for submittal
of the development agreement. The council may direct the commission on remand of
the matter to the commission. The commission shall then proceed as specified in this
section.
4. In the event of either of the above, all time limits required by this code may be stayed
upon affirmative vote of the commission or council.
C. Form of Development Agreement: A development agreement shall be in the form required
by the zoning administrator. No agreement shall be accepted by the zoning administrator
which does not include the following:
1. An affidavit by the owner of the parcel agreeing to submit the parcel to a development
agreement.
2. The specific use or uses of the parcel for which the development agreement is sought.
3. The allowed or conditional use in the conditional zone for which application has been
made.
4. A concept plan of the project to be developed on the parcel. The concept plan shall
include:
a. A description of the density allowed or sought; and
b. Maximum height, size, and location of any structures on the property.
5. The time required to begin the use on the property.
6. A statement by the owner of the parcel that failure to comply with the commitments in
the development agreement shall be deemed consent to rezone the use to the
preexisting zone or, in the case of an initial zone at annexation, a zone deemed
appropriate by the council.
7. Any other matter mutually agreeable to the parties. (Ord. 194, 12-10-1991)
D. Approval of the Development Agreement:
1. The council may require a development agreement be executed to allow a rezone if, in
the opinion of the council, approval of the requested rezone does not satisfy the
requirements set forth in the zoning ordinance for rezone approval, but the particular
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project or use contemplated has a value to the community that would justify the use of
a development agreement. A development agreement may not allow a use on the
parcel that is not an allowed or conditional use in the requested rezone.
2. Development agreements may be recommended by the commission and approved by
the council only after public hearings. Each public hearing shall follow the notice
provisions of section 8-7-8 of this title.
3. The council may add conditions, terms, duties or obligations to the development
agreement. (Ord. 270, 5-29-1996)
E. Recordation Of Development Agreement: Following approval of a development
agreement by the city council, the development agreement shall be recorded in the office
of the county recorder at the expense of the property owner. The development agreement,
and all conditions, terms, duties or obligations included therein, shall run with the land
and shall be considered continuing obligations of the owner or subsequent owner and each
other person acquiring an interest in the property.
F. Duty To Comply With Development Agreement: An owner, subsequent owner, and each
other person acquiring an interest in property that is restricted by a development
agreement adopted pursuant to this section, shall comply with the terms, conditions,
obligations and duties contained in the development agreement.
G. Modification Of Development Agreement: A development agreement may be modified by
the city council only after complying with the notice and public hearing provisions of
section 67-6509 of the Idaho Code.
H. Termination of Development Agreement:
1. A development agreement may be terminated by the city council for failure to comply
with the commitments expressed in the development agreement. Such termination
shall take place after a public hearing on the termination at which time testimony shall
be taken to establish noncompliance with the conditions, terms, obligations or duties
contained within the development agreement. The public hearing shall follow the
notice and hearing provisions of section 67-6509 of the Idaho Code.
2. Upon termination of the development agreement, the property shall revert to the zone
applicable prior to the adoption of the development agreement or application for
rezoning designation change. All uses of the property which are not consistent with
the subsequently applied zone following termination of the development agreement
shall cease. The owner of the parcel may apply for a conditional use of the parcel if
such use is a conditional use within the subsequently applied zone.
I. Enforcement Of Development Agreements: Development agreements may be enforced by
the city through specific enforcement, injunctive relief, damages or criminal penalty for
violation of this section. The foregoing enforcement options available to the city shall not
be deemed exclusive. (Ord. 194, 12-10-1991)
J. Execution Of Development Agreement: The property owner shall have one year from the
date of approval by the city council for the mayor to execute the development agreement.
If not executed by the property owner within this time frame the development agreement
approval will be considered void unless an extension of time is approved by the city
council. (Ord. 699, 5-28-2013)
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C. DISCUSSION:
• The applicant is requesting a comprehensive plan map and text amendment to establish a new
planning subarea, "Guerber Park Planning Area," a +/- 52.5 acre subarea located at the NW
corner of State Highway 55 and Hill Road. The applicant is also requesting a change in the
comprehensive plan land use map designation for approximately 23.85-acres from Residential
Three (up to three (3) units per acre)to Mixed-Use with a development agreement to allow for
Housing for Older Persons. With this format, the residential element of the property will
remain mostly intact with commercial, office, and high density uses located along Hill Road
and residential uses located north and adjacent to existing residential neighborhoods.
• The applicant is requesting a zoning ordinance amendment to change Eagle City Code 8-6-4-
5: Housing for Older Persons to amend the minimum project size and the allowance of private
roads.
• The applicant is requesting to rezone approximately 23.85 acres from R-3 (Residential Three—
up to 3 units per acre) to MU-DA (Mixed Use with a Development Agreement) to construct a
mixed density residential development including single family residential and "Housing for
Older Persons". The 23.85 acre site is located at the SW corner of E. Sadie Drive and N.
Echohawk Way.
• Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (3))
within the 2011 Comprehensive Plan, the applicant must show, "the condition or situation
which warrants a change being made in the plan." In the October 10, 2013,justification letter
provided by the applicant, it identifies that the subject property has been an eyesore to the City
after the gravel pit was abandoned. The intent of the applicant is to reclaim the remaining area
of the gravel extraction, complete the upper lots on the south side of Sadie Drive, work with
the City for the expansion of the Guerber Park to the west, while providing a unique living
opportunity for a sector of the population or citizenry for which housing in the Eagle area is
lacking, the 55 year and older population. The location of this property is ideal due to its
location to a major State Highway and its convenient location to services. While this scenario
has its merits, does it qualify as a specific "condition or situation" that would necessitate a
change to the plan? The applicant states, "The current Eagle City Comprehensive Plan sets
goals for the community that include, among other goals, the encouragement of a variety of
housing so that all residents can choose a sound, affordable homes that meet individual needs.
The current Future Land Use Map for the specific area of the requested development is
Residential Three. The proposed change of the Map to a Mixed Use designation will help the
applicant provide basically three (3) residential types; Single family detached, duplex or
attached residential, and four-plex or multi-family residential."
The reality of economics and sustainability has led the City to recognize that the community
must include components of land use that provide the greatest diversity of homes while
protecting the lifestyles of those who have made Eagle their home. We see that between 2000-
2006 Eagle experienced 50% growth. In 2007, the City completed a full scale review of
Economic Stability for future growth of the City. That study pointed out that the city could
not sustain itself with only large lot development. The decision was made to become
sustainable instead of just a bedroom community.
Housing Market Shifts:
This change, beyond supporting the intent of the City's comprehensive plan, would allow for
increased flexibility in housing options/demands to address the needs of an aging population
and the changing home finance markets which are limiting the number of new single family
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homeowners. This change is evident in the studies conducted by Dr. Chris Nelson of the
University of Utah's Metropolitan Research Center about housing in the intermountain west.
According to Dr. Nelson's research the housing market has changed significantly since the
1970's and will further evolve over the next 20 years to the point where the majority of US
households are those without children:
Household Type 1970 2000 2030
HH with Children 45% 33% 27%
HH without Children 55% 67% 73%
Single/Other HH 14% 31% 34%
Source:Arthur C. Nelson, Metropolitan Research Center, University of Utah.
Further Dr. Nelson's research indicates that the Treasure Valley will see changes in the
housing demand over the next 10 years calling for the majority of new units to be developed
for households without children:
Share of Household Growth by HH Type,Treasure Valley,2010-2020
HH Type Share
With Children 20%
Without Children 80%
Single Person 30%
Source:Arthur C. Nelson, Metropolitan Research Center, University of Utah.
According to Dr. Nelson, as the Baby boomers continue to age they are choosing to
"downsize"or relocate to smaller houses and, in more and more cases,to apartments.
Relocation Choices of Seniors
Housing Type Before Move After Move
Apartment 20% 59%
Source: Arthur C. Nelson based on analysis of American Housing Survey 2005, 2007, 2009.
New movers means moved in past five years. Annual senior movers are about 3%of all senior
households; 60%+ of all seniors will change housing type between ages 65 and 85.
Dr. Nelson anticipates similar changes to occur over the next 20 years in the Treasure Valley.
The highlighted housing options would be able to be developed in a more efficient and
purposeful manner under a broadened Mixed Use(MU) zone.
Treasure Valley Adult Population Profile in 2030
Adults
Generation Born (millions) Share 2030 Market
Eisenhower's Pre-1946 14 2% Group;kith&kin
Baby Boom 1946-1964 146 25% Downsizing
Gen-X 1964-1980 118 20% Empty Nesting
Gen-Y 1981-2000 198 34% Peak single family
Millennials Post-2000 113 19% Renting; starter
Total 589
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A complete copy of Dr. Nelson's Housing Study/Presentation is attached for the
Commission's review.
It may be considered that in order to make the best of the existing condition of the land
(abandoned gravel pit) and its proximity to an arterial roadway and State Highway, a
development that is transitional in format would better suit not only the subject property but
the vacant land to the south.
• The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4)) seeks to
identify "the public benefit that would occur from such a change in the plan." See the
justification letter provided by the applicant date stamped by the City on October 10, 2013.
• Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (5)) the
Applicant must provide "An explanation of why no other solutions to the condition or
situation which warrants a change in the Plan are possible or reasonable under the current
policies of the Plan". The October 10, 2013, justification letter provided by the applicant,
does not explain why there is no other"solution"to the condition or situation that necessitates
a change to the plan.
• The applicant has submitted a traffic study from Horrocks Engineered titled, "Gateway
Development Traffic Impact Study." A summary of this traffic study is attached to the staff
report. A full copy of the traffic study has been provided to AHCD, and the City of Eagle. A
full copy is available for review at City Hall. The applicant has submitted a traffic study dated
October 4, 2013 (date stamped by the City on October 10, 2013). The following conclusions
of the report are presented as a summary with effort made to not present the report out of
context; a full report is attached to the staff report:
Executive Summary
The proposed project includes 13 single-family homes and 104 senior adult housing units.
Since site plans can change we analyzed the project site to include 120 senior adult housing
units though the site plan shows 104. The project is located on the northwest corner of the
intersection of Hill Road and SH-55.
The following project study intersections and roadway segments were determined after
reviewing the COMPASS travel demand model output specific to this project and after
discussions with ACHD staff:
Study Intersections
• Hill Road/SH-55 (New signalized intersection)
• Hill Road/Echohawk Way(Existing two-way stop-controlled intersection)
• Project Access/Echohawk Way(Proposed"T"intersection)
Stud Road Segments
• Hill Road between Echohawk Way and SH-55
Study Scenarios
It is estimated that the project will be built and completely occupied by 2018. The following
analysis scenarios were performed:
• Existing
• Existing plus project
• 2018 without project traffic
• 2018 with project traffic
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The 2018 conditions included 2% annual traffic growth over 5 years.
Conformity to Long Range Transportation Planning "Communities in Motion"
The Long Range Transportation Plan (LRTP) was reviewed for project conformity. The
proposed project does not deviate from the current LRTP.
Findings and Recommendations
1. To be conservative, the project was analyzed with 120 senior adult housing units in
case densities or site changes increase the unit count. The project is estimated to
generate 537 daily trips (50% in-50% out). Of those, 34 trips are estimated to occur
during the AM peak hour and 43 during the PM peak hour.
2. The project proposes one access directly to Echohawk Way and a secondary fire
access to the south. No other future accesses are proposed or planned.
3. The study intersections operate at acceptable levels under the existing conditions
4. Historic traffic in the area suggests that traffic isn't growing at a steady and constant
pace. To be conservative, background traffic was grown at a rate of 2% per year.
5. Background traffic was grown to the year 2018 and project traffic was added to it. In
2018 it is estimated that the study intersections and roadways, including the project
access, will operate at acceptable levels.
6. ACHD has programmed Hill Road to be extended to State Street and also widened
west of SH-55. This will increase the traffic safety and improve the general traffic
operations in the area from the current conditions.
7. A right-turn lane analysis was performed using ACHD's General Requirements &
Procedures for Development (Section 7100). Based on 2018 background traffic
growth and after adding project traffic,the right turn-lane thresholds are not met based
on ACHD's guidelines.
8. There are intermittent side-walks along Hill Road and SH-55. Though the Gateway
project does not directly front either of those roadways it is important to integrate the
projects pedestrian system to the future system planned by the City of Eagle, ACHD,
or ITD.
9. The COMPASS long range transportation plan was reviewed to determine that this
project is consistent with the "Communities in Motion" regional plan. It was
determined that the Gateway development does not impede or suggest any design
elements that are counter to the long range planning efforts of COMPASS or ADA
County.
10. It is recommended that any fence, gate, marquee signs, or landscaping not be installed
in the site triangle clear zone per the AASHTO "Green Book"guidelines at the project
access.
STAFF RECOMMENDATION:
Based upon the information provided to date, staff recommends approval of the comprehensive
plan map and text amendments, zoning ordinance amendment, and rezone with a development
agreement as provided within the staff report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 2, 2013, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to the applications were presented to the Planning and Zoning
Commission by two(2)individuals who expressed the following concerns:
• One individual was opposed to the portion of the development that proposes single family
homes on the south side of Sadie Drive because they felt it would increase the traffic on Sadie
Drive to an unsafe level and the homes would obstruct the view they have had since they
purchased their home.
• One individual was opposed to the portion of the development that proposes single family
homes on the south side of Sadie Drive because they felt that the lot sizes proposed (9,000 vs.
10,000 square feet) would reduce the property value of the homes on that street. They were
concerned that if the rezone of the property were approved, then the applicant could change
the proposed use and wanted a guarantee that they would be notified of any change to the
development from what is proposed today. They wanted the zoning to remain R-3 on the
south side of Sadie Drive, the lot size to be comparable with the lots on the north side of Sadie
Drive, and the minimum setbacks to be the same as was required with those homes as well.
This individual was also concerned that the access to Guerber Park will go away with this
development.
• One individual was opposed to the lot size of the single family homes proposed on the south
side of Sadie Drive. This individual's preference would be to either require the lot size to be a
minimum of 11,000 square feet, or remove the lots completely and extend the senior housing
to Sadie Drive. The individual was also concerned with the amount of fill that will be needed
to make the site a viable development and wanted the site to have land contours to the design
and not just a"flat" development. The individual also requested the zoning to remain R-3 for
the lots located on the south side of Sadie Drive.
• One individual was concerned that if the proposed comprehensive plan and zoning designation
changes to Mixed Use as requested, and the current developer were to not move forward with
the project as proposed with the concept plan, then a more intensive use could be constructed
because of the zoning changes. They were also concerned with what the property south of this
development will be allowed to do with the change in zoning and is concerned that adjacent
property owners will not be notified of any development on the south parcel.
C. Oral testimony in favor of the applications were presented to the Planning and Zoning Commission by
five(5) individuals. They were in favor of the proposed applications for the following reasons:
• One individual was in favor of the applications and development of the land, but was
concerned with the required stub street proposed with the gated community to the property to
the south and the encumbrances it would place on their property.
• Two individuals were in favor of the applications, happy to see it finally being developed, and
were complimentary of the developer and how he has handled the application and
communication with adjacent residents.
• One individual wanted to offer support for the proposed development because they felt it was
a good design for the site.
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• One individual was in favor of the applications, but was concerned as to how the four lots at
the terminus of Mariposa Drive would be developed since there is a parcel in between the
proposed lots and the existing right-of-way for Mariposa Drive. This individual was also in
favor the proposed landscaping improvements along State Highway 55.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• Encouraged that there was so much participation from the adjacent property owners, and glad
to hear that the applicant had taken such an active role with addressing the property owners
concerns.
• Felt that the request to remove the stub street of the private road to the property to the south
should be reviewed again at the time of a development application.
• The request to reduce the lot size of the single family homes along Sadie Drive from a
minimum 10,000 square feet to 9,000 square feet should be approved with the setbacks and lot
coverage to follow the R-3 zoning designation.
• A condition should be added to the development agreement to address the common area
proposed along the south side of the single family homes proposed along Sadie Drive, and that
an HOA should be responsible for the maintenance of the area.
COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN AMENDMENT:
The Commission voted 4 to 0 to recommend approval of CPA-01-13 for a change to the land use
designation on the Comprehensive Plan Land Use Map from Residential Three (up to three
dwelling units per acre) to Mixed Use District with underlined text to be added by the Commission
and text shown with strike through to be deleted by the Commission:
6.8.14 Guerber Park Planning Area
The Guerber Park Planning Area is designated as mixed use node combining community
limited service commercial, limited retail,professional office, and a variety mixture of
residential densities including single family, multi-family, and housing for older persons. The
vision for the area is to recognize the activity center created by Guerber Park, transportation as it
relates to the Highway 55 corridor and existing development, and to provide compatible land uses
at densities that accommodate pedestrian scale design and future mass transit. The area is defined
as the property on the west side of Hwy 55 and the north side of Hill Road, and includes the area
north to the Arbor Ridge Subdivision, east to Hwy 55 and includes Guerber Park to the west.
A. Uses
The land use and development policies specific to the Guerber Park Planning Area include the
following:
1. Parcel specific , limited service commercial, limited retail,
professional office and medium to high density residential shall be allowed adjacent to
Hill Road with a the residential densities transitioning to no more than four units per acre
towards the north and the existing large lot residential and adjacent
to the park to the west.
2. This area is encouraged to include active living opportunities for retirement age citizens
(Housing for Older Persons).
3. Single use/strip commercial shall not be permitted in this area. Design shall focus inward
and be integrated into the planning area with consistent architecture and site design.
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4. Transitional residential densities and design elements (plantings, fences, etc.) should be
used to provide buffering from the mixed use areas to the existing large lot residential uses
within the planning area.
B. Access
1. Primary vehicular access should be taken from Echohawk Drive and Sadie Drive with
limited secondary access to All uses along Hill Road should be designed to be oriented to
- . - . - . . - , • - . . - : Hill Road.
2. To the greatest extent possible, the planning area should be designed with internal
circulation for pedestrians and bikes between residential, non-residential and park uses.
2, 3. Private roads may be allowed in connection with housing for older persons and planned
unit developments but private roads should be designed to limit access to public facilities
and roadway networks unless deemed necessary for -- --- •- - - - .
• - • - : - • . ... - -mergency services.•
3. Whenever possible, plan for connectivity(bike and pedestrian)to Guerber Park.
C. Design
1. Development in the Guerber Park Planning Area shall be required to submit as a planned
unit development and/or through a development agreement.
2. Architecture and signage for non-residential and multi-family uses should be designed to
be compatible and compliment the other uses in the planning area.
2,3. -- - - ---- - -• . . -: Hill Road should be designed as an entrance to
the recognized as a gateway corridor for the City of Eagle and shall be coordinated with
-- • " ' - - - : - -- - - _ - -- should have proper berming,•
landscaping, monumentation, and setbacks.
4. Pathways and trails within the planning area should be located so to limit impacts to the
hillsides and areas of high erosion.
5. All grading and hillside disturbance shall be engineered to ensure stability and to limit the
impacts of erosion.
COMMISSION DECISION REGARDING THE ZONING ORDINANCE AMENDMENT:
The Commission voted 4 to 0 to recommend approval of ZOA-03-13 for a change to the language to Eagle
City Code 8-6-5-4 (Housing for Older Persons) with underlined text to be added by the Commission and
text shown with strike through to be deleted by the Commission:
8-6-5-4: HOUSING FOR OLDER PERSONS:
A. To provide an incentive for communities for "older persons" (55 and over-as defined by the
federal fair housing act of 1999, or any subsequent revision thereof)to be included within lower
density residential PUDs the council may authorize an increased residential density to allow a
maximum of three(3)dwelling units per gross acre within any zoning designation which limits
density to less than three(3)dwelling units per gross acre specifically and solely for any portion of
a PUD planned for a community for"older persons". Such a density increase shall not be permitted
in an A or A-R zoning designation.
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Character, identity, landscaping and architectural/siting variation are to be incorporated into any
community for "older persons". The community may consist of single-family,two-family or multi-
family dwelling units,or a mixture thereof, and should be clustered and include amenities for
"older persons". Zero lot line development with common open space areas shall be the only type of
development permitted to be considered for such an increase. The zero lot line development shall
allow for minimal front and/or rear yard areas for each residential unit if proposed by the
developer and approved by the city. However,the exterior side walls of all residential buildings
shall abut a common area lot line. The intent of the zero lot line development is to allow for large
areas of open space as opposed to a sea of side yard and rear yard fences dividing residential lots.
For purposes of this section,the minimum lot size referenced elsewhere within this code shall be
calculated by considering the entire community for"older persons" as a whole. Also,the PUD
shall be designed so the community for"older persons" portion of the development does not abut
residential parcels adjacent to the PUD and sufficient buffering be provided as may be required by
the city. Stand alone communities consisting of only housing for"older persons", as defined, may
be allowed to request a gated community with private roads.
The following site criteria must be met in order to consider approval of the density increase for the
community for "older persons":
1. For a planned unit development containing multiple housing types,the land area containing
housing exclusively for "older persons" shall not encompass a land area exceeding sixteen
percent(16%) of the total land area within the entire planned unit development;
2. The total land area of the entire planned unit development shall be a minimum of eighty(80)
acres. The total land area of a stand alone planned unit development consisting of only"older
persons"housing shall be a maximum of thirty(30)acres;
3. The entire PUD shall be served by either a municipal or community water and sewer system;
4. Any limitations regarding individuals occupying the community for "older persons" must be in
accordance with local, state and federal regulations, and must specifically be in accordance
with the federal fair housing act as revised in 1999, or any subsequent revision thereof. "Older
persons" shall be as defined within the aforementioned act;
5. The community for"older persons" shall be prohibited within any 100-year floodplain;
6. Open space requirements shall be as follows (where this section and any other section of this
title or Title 9 of this code conflict or overlap, this section shall control):
a. If the residential lots (not including the community for "older persons" portion of the
PUD) meet the minimum lot size requirement or are reduced below the minimum lot size
requirements such that no residential lot is less than one acre in size, the entire PUD shall
consist of a minimum of twenty percent(20%) of open space.
b. If the residential lots (not including the community for "older persons" portion of the
PUD) are reduced below the minimum lot size requirement such that any residential lot is
less than one acre in size, the entire PUD shall consist of a minimum of twenty six percent
(26%)of open space.
c. Pathways, buffer areas, public park sites, public school sites, and public golf courses
and/or driving ranges proposed within any such PUD shall be included, in their entirety,
with any other open space areas proposed when calculating the minimum open space
required.
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d. A minimum of one 5,000-square foot clubhouse/indoor recreation facility shall be provided
with the community for"older persons" portion of the PUD.
7. The final plat shall include a note indicating that the portion of land permitted for the density
bonus for "older persons" shall be for"older persons" as defined by the federal fair housing act
as revised in 1999, or any subsequent revision thereof.
8. Enforcement of the provisions of the federal fair housing act of 1999, or any subsequent
revision thereof, must be the responsibility of the homeowners' association and so noted in the
CC&Rs.
COMMISSION DECISION REGARDING THE REZONE & DEVELOPMENT AGREEMENT:
The Commission voted 4 to 0 to recommend approval of RZ-07-13 for a rezone from R-3 (Residential-up
to three dwelling units per acre) to MU-DA (Mixed Use with a Development Agreement) with the
following conditions to be included within a development agreement with underlined text to be added by
the Commission and text shown with strike through to be deleted by the Commission:
CONDITIONS ON DEVELOPMENT
3.1 The Concept Plan represents the Owner's current concept for completion of the Project. As the
Concept Plan evolves, Eagle understands and agrees that certain changes in that concept may
occur or be required. If Eagle reasonably determines that any such changes require additional
public comment due to potential impacts on surrounding property or the community, a public
hearing shall be held on any proposed changes in the Concept Plan and notice shall be
provided as may be required by Eagle.
3.2 All development of the Property shall comply with Eagle City Code Section 8-2A (Design
Review), and be generally consistent with the Concept Plan;provided, however, it is the intent
of this Agreement to allow flexibility at the time a detailed plan and platting are submitted to
Eagle so long as the general intent of the Concept Plan and the requirements set forth in this
Agreement are met.
3.3 Applicant will develop the Property subject to the conditions and limitations set forth in this
Agreement. Further, Applicant will submit such applications regarding design review,
preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any
other applicable applications as may be required by the Eagle City Code, which shall comply
with the Eagle City Code, as it exists at the time such applications are made except as
otherwise provided within this Agreement.
3.4 Prior to submittal of any final plat application for any portion of the Property, such portion of
the Property shall (i)be annexed into Eagle Sewer District's boundaries and shall comply with
all applicable Eagle Sewer District's regulations and conditions, (ii) have been issued any
required approval letters from Idaho Division of Environmental Quality, and/or Central
District Health. Further,prior to issuance of a building permit for any non-residential buildings
that are not the subject of a final plat application, Owners shall provide proof of adequate
sewer service to the proposed habitable buildings by causing a letter of approval to be
provided to Eagle from Eagle Sewer District.
3.5 Internal pedestrian pathways shall be constructed of asphalt or concrete, and shall be a
minimum of 6-feet in width.
3.6 Except as otherwise provided in this Agreement or by applicable ordinances, development of
the Property shall comply with Eagle's Comprehensive Plan and City Code as in effect at the
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time this Agreement is recorded.
3.7 The Single Family Residential lots proposed along the south side of Sadie Drive and at the
terminus of Mariposa Drive shall be developed in conformance to an R-3 zoning designation
(lot coverage and setbacks), with a minimum lot square footage of 10,000 9,000-square feet
and common area to the south of the proposed single family lots shall be maintained by a
Home Owners Association.
3.8 The Setbacks for the"Older Persons"gated community shall be:
Front: 0'
Rear: 0'
Interior Side: 0'
Street Side: 0'
Maximum Lot Covered: 100%
Maximum Height: 35'
3.9 The Setbacks for the Single Family Residential units along Sadie Drive and at the terminus of
Mariposa Drive shall follow Eagle City Code 8-2-4 that is in effect at the time of future
development submittal for an R-3 zone.
3.10 The conditions, covenants, and restrictions recorded against all portions of the property shall
contain at least the following provisions:
• An allocation of responsibility for maintenance, in perpetuity, of all community and
privately owned landscape and amenities, pressurized irrigation, parking lots, and private
road;
• Establishment of an architectural control board for all buildings prior to building permit;
• An allocation of responsibility for the operations and maintenance of the pressurized
irrigation system for the Property.
3.11 The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Owners Association(s) for the development. The applicant shall provide a
copy of the CC&Rs (which include a similar statement regarding the common areas) for
review and approval by the City attorney prior to the approval of the first final plat. The
CC&Rs shall provide that the association(s) shall have the duty to maintain and operate all of
the common landscape areas in the subdivision in a competent and attractive manner,
including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with
Eagle City Code, in perpetuity. The conditions, covenants, and restrictions shall be reviewed
and approved by the City Attorney for both form and content to assure compliance with the
conditions required herein, prior to the issuance of a building permit.
3.12 The Housing for Older Persons shall be deed restricted and private roads will not be allowed
unless deed restrictions are in place.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at the Eagle Sewer District office at 6:00 PM, September 19, 2013,
in compliance with the application submittal requirement of Eagle City Code. The City of Eagle
received the application for this item on October 10, 2013.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code
on November 18, 2013. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on November 15, 2013. Requests for agencies' reviews
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were transmitted on October 18, 2013, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed comprehensive plan
amendment (CPA-01-13) and based upon the information provided concludes that the proposed
comprehensive plan amendment is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
The Comprehensive Plan lists goals to "Establish land use patterns and zoning districts that do not
exhaust available services such as sewer, water, ... and transportation systems" as well as promote "a
high quality of life and livability in the community." Because sewer and water are immediately
available to the area, there will be no requirement to extend these services and no additional costs to do
so, other than by those who will develop the properties.
Recent changes and conditions in the subject area may be considered suitable for supporting uses such
as are allowed within a Mixed Use zone rather than strictly as traditional single-family. The focus is
not to eliminate the residential element completely in this area but to provide a mix of uses and
housing opportunities. The current Eagle City Comprehensive Plan sets goals for the community that
includes providing a broad spectrum of housing types. The reality of economics and sustainability has
led the City to recognize that the community must include components of land use that provide the
greatest diversity of homes while protecting the lifestyles of those who have made Eagle their home.
This change,beyond supporting the intent of the City's comprehensive plan, would allow for increased
flexibility in housing options/demands to address the needs of an aging population and the changing
home finance markets which are limiting the number of new single family homeowners. It may be
considered that in order to make the best of the existing condition of the land (abandoned gravel pit)
and its proximity to an arterial roadway and State Highway, a development that is transitional in format
would better suit not only the subject property but the vacant land to the south.
4. The Commission reviewed the particular facts and circumstances of this proposed zoning ordinance
amendment (ZOA-03-13) and based upon the information provided concludes that the proposed
zoning ordinance amendment is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives.
5. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-07-13)
in terms Eagle City Code Section 8-7-5 (F) (1) "Action by the Commission and Council" and has
made the following conclusions with regard to the proposed rezone:
a. The proposed rezone is in accordance with the Comprehensive Plan and established
goals and objectives because the proposed zoning designation of MU-DA (Mixed Use
with a Development Agreement) is in accordance with the land use designation of R-3
as shown within the Comprehensive Plan, due to the residential nature of the planned
development, 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
required to be provided, to serve current and future uses on this property under the
proposed zone;
c. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible
with the R-3 zone (Residential) to the north since the subject area will provide a
transition of uses from the existing R-3 residential homes, and the proposed
development will be residential in nature; and
d. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible
with the R-3 zone (Residential up to three units per acre) to the south since the subject
area is part of the proposed Comprehensive Plan changes; and
e. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible
with Eagle Road to the east since this development will provide a landscape buffer and
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is bordered by a State Highway(State Highway 55) and;
f. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible
with the PS zone (Public/Semi Public) to the west since due to the residential nature of
the planned development and;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan;
h. No non-conforming uses are expected to be created with this rezone.
DATED this 16th day of December, 2013.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Dan Roehling, Chairma �.�s,,s+OF Eq••,,��
.•• G 40R �
ATTEST:
• 4 R,
SEAL z
Sharon K. Bergmann, Eagle C y Clerk •.,9TE OF P�o
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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