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Findings - PZ - 2015 - RZ-20-06MOD2 - Da Mod/Multi-Family Development/14 Buildings/300 Dwelling Units/Club House/22.17 Acre BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A DEVELOPMENT AGREEMENT ) MODIFICATION,DEVELOPMENT ) AGREEMENT IN LIEU OF A CONDITIONAL ) USE PERMIT FOR AMERICAN COMMUNITIES ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-20-06 MOD2 The above-entitled development agreement modification, development agreement in lieu of a conditional use permit application came before the Eagle Planning and Zoning Commission for their consideration on February 17, 2015, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. The 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: American Communities, represented by Dave Yorgason with Tall Timber Consulting, is requesting a development agreement modification (in lieu of a conditional use permit) to allow for a multi-family development consisting of 14-buildings (13-multi-family buildings containing 300- dwelling units and one (1) club house) including a height exception to 45-feet for the multi-family buildings. The 22.17-acre site is generally located at the southwest corner of West Old Valley Road and North Linder Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at the Sanctuary of Hope Lutheran Church located at 331 North Linder Road, Eagle, ID, 83616, at 6:00 PM, Thursday, December 11, 2014, in compliance with the application submittal requirement of Eagle City Code. The applications for these items were received by the City of Eagle on December 18, 2014. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on February 2, 2015. 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 January 29, 2015. Requests for agencies' reviews were transmitted on December 30, 2014, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on February 6, 2015. D. HISTORY OF PREVIOUS ACTIONS: On January 16, 2007, the City Council approved applications for an annexation and rezone with a development agreement for a multi-family residential condominium project for The Orchards at Eagle River(A-15-06/RZ-20-06). On May 31, 2007, the City Council approved a design review for the common area landscaping, clubhouse facility, and 32-duplex homes for The Orchards at Eagle (DR-18-07). Page 1 of 13 K:\Planning Dept\Eagle Applications\RZ&A\2006\RZ-20-06 MOD2 pzf.doc On December 16, 2014, the City Council approved a development agreement modification (development agreement in lieu of a PUD) and preliminary plat for Riverscape Subdivision (RZ- 20-06 MOD/PP-06-14). E. COMPANION APPLICATIONS:None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use, Residential MU-DA (Mixed Use with a Vacant parcel One, Floodway, and development agreement) Scenic Corridor overlay Proposed No change No Change(Modification of Multi-family residential the existing development development agreement) Commercial Cl-DA(Neighborhood North of site Business District with Vacant parcel Development Agreement) South of site Residential Estates and RUT(Rural-Urban Boise River Floodway Transition—Ada County designation) East of site Mixed Use, Residential RUT(Rural-Urban Single-family residential One, Floodway, and Transition—Ada County subdivision (Compton Scenic Corridor overlay designation) Andrews Tract) West of site Mixed Use,Residential R-4-DA-P(Residential with a Single-family residential One, Residential Estates, development agreement and a subdivision (HCR/Level 3 and Scenic Corridor PUD) Subdivision) overlay G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA. H. SITE DATA: Total Acreage of Site—22.17-acres Total Number of Units—300 Single-family—0 Duplex—0 Multi-family—300 Page 2 of 13 K:\Planning Dept\Eagle Applications\RZ&A\2006\RZ-20-06 MOD2 pz£doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 13.6-dwelling units per acre Up to 13.6-units per acre maximum* Total Acreage of Landscaped Area 13.42-acres 3.32-acres (minimum) Percent of Site as Landscaped Area 60.5% 15% (minimum) * The site has two (2) Comprehensive Plan Land Use density designations (Mixed Use and Residential One). The required density is based on the total maximum units allowed pursuant to the Comprehensive Plan Land Use designations. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE DEVELOPMENT AGREEMENT MODIFICATION: See applicant's justification letter, date stamped by the City on December 18, 2014 (attached to the staff report). J. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: The concept plan, date stamped by the City on December 18, 2014, shows a 75-wide buffer area located adjacent to South Linder Road to provide for a landscaped buffer area as required pursuant to Eagle City Code Section 8-2A-7(J)(4)(c). The concept plan also shows a proposed 10-foot wide asphalt paved greenbelt pathway to be located in proximity to the southern property line and the Boise River. Open Space: The concept plan, date stamped by the City on December 18, 2014, shows a total of 13.42-acres of open space. The open space contains a large pond, required landscape area located adjacent to South Linder Road, buffer area located adjacent to West Old Valley Road, and the yard areas surrounding the multi-family structures. The concept plan also shows an approximately 10-foot wide landscaped area located between the parking area and the western property line. On-site Septic System (yes or no)—Yes Prior to 2009, there were two residential dwellings with individual septic systems located in proximity to the northern portion of the site. The applicant will be required to obtain the proper permits and abandon any septic systems prior to the City Clerk signing the final plat. Preservation of Existing Natural Features: The existing natural features (riparian forest and the Boise River) on the site are located in proximity to the southern boundary of the site and will be preserved in their natural state. K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Municipal sewer is available to this site through Eagle Sewer District and water will be supplied by City of Eagle Municipal Water. Fire service will be available from the Eagle Fire District. The site accesses onto North Linder Road a principal arterial. A secondary emergency access will be provided to West Old Valley Road. Police protection is provided by Ada County through contract with the City of Eagle. Page 3 of 13 K.\Planning Dept\Eagle Applications\RZ&A\2006\RZ-20-06 MOD2 pzf doc L. PUBLIC USES PROPOSED: The concept plan, date stamped by the City on December 18, 2015, shows a 10-foot wide asphalt greenbelt pathway traversing from east to west and located in proximity to the southern property line. The greenbelt pathway will be dedicated to the city for public use. The applicant is also proposing a "Sportsman Access" with a gravel parking area to be located in proximity to the southeast corner of the property. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — yes — floodway area located adjacent to the Boise River. Evidence of Erosion—no Fish Habitat—yes—existing pond Floodplain—yes—to be preserved in its natural state Mature Trees—yes—located within the floodway area Riparian Vegetation—yes—located adjacent to the Boise River Steep Slopes—no Stream/Creek—yes—Boise River located adjacent to the southern boundary Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—no Wildlife Habitat—yes—within the natural area located adjacent to the Boise River O. NON-CONFORMING USES: None P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: City Parks and Recreation Director: All comments within the Parks and Recreation Director's letter dated February 6, 2015, are of special concern(attached to the staff report). Ada County Highway District COMPASS (Communities in Motion 2014 Development Checklist) Eagle Fire Department Republic Services Settler's Irrigation District Tesoro Logistics(formerly known as Chevron Pipe Line) Q. LETTERS FROM THE PUBLIC (attached to the staff report): Email correspondence received from Barbara Dopp, dated January 27, 2015. Email correspondence received from Mike Dixon, dated January 28, 2015. Correspondence received from Dan Clark with Clark and Company, date stamped by the City on February 2, 2015. Email correspondence received from Lance Snyder, dated February 10, 2015. Email correspondence received from Juston Hall with Creekside Custom Homes, dated February 11, 2015. Page 4 of 13 K:\Planning Dept\Eagle Applications\RZ&A\2006\RZ-20-06 MOD2 pzfdoc STAFF ANALYSIS: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the following: Mixed Use Suitable primarily for a variety of uses such as 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 20 units per 1 acre. Residential One Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 1 unit per 1 acre. Floodway Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency Management Administration maps along the Boise River and Dry Creek (Generally shown on the Land Use Map which is a part of this Plan). These areas are to remain open space because of the nature of the floodway which can pose significant hazards during a flood event. Also, the floodway areas shall not be considered as a part of the minimum area of open space required (as required within the zoning ordinance) unless developed as noted within this paragraph. Floodway areas shall be excluded from being used for calculating permitted residential densities. Any portion of the floodway developed as a substantially improved wildlife habitat area open to the public, or useable public open space, such as a pathways, ball fields, parks, or similar amenities as may be approved by the City Council, may be credited toward the minimum open space required for a development. When discrepancies exist between the floodway boundary shown on the Land Use Map and the floodway boundary shown on the Federal Emergency Management Administration maps such that the floodway area is smaller than that shown on the Land Use Map the adjacent land use designation show shall be considered to abut the actual floodway boundary. When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the Comprehensive Plan Land Use Map should be revised to reflect any new floodway line. Scenic Corridor An Overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. 6.8 Land Use Sub Areas 6.8.1 Park Lane Planning Area The Park Lane Planning Area is designated as mixed use combining community commercial, professional office, and a variety of residential densities. The vision for the area is to recognize the activity center created by Eagle High School and existing development approved by Ada County Page 5of13 K.\Planning Dept\Eagle Applications\RZ&A\2006\RZ-20-06 MOD2 pzf doc and to provide compatible land uses at densities that accommodate pedestrian scale design and future mass transit. A. Uses The land use and development policies specific to the Park Lane Planning Area include the following: 1. Parcel specific community commercial shall be allowed at the NE and SW corners of Linder Road and State Highway 44 as designated in the 2000 Comprehensive Plan. 8. Residential Transition should be allowed south of the mixed use area along Old Valley Road and north of the Boise River 6 8.4 River Plain Residential Area The River Plain Residential Area is designated as residential and open space. This area should provide trails, open space, and parks in conjunction with transitional residential densities. The overall density of the area is up to 1-2 units per acre. The area of higher densities of up to 2-3 units per acre will be located north of the rim and will transition into clustered large lot residential use (1 acre lots) in the areas adjacent to the river. A. Uses The land use and development policies specific to the River Plain Residential Area include the following: 3. Open space and trail located adjacent to the river in conjunction with the continuation of the regional trail system; 4. Setbacks from streams, irrigation and drains for trails and open space; 7. North of the Boise River the lot patterns shall be a continuation of the large lot clusters found in Moon Valley Ranch; up to 1 unit/2 acres. B. Access 3. A pathway and trails network should be encouraged to provide pedestrians/bicycle access along the Boise River corridor and from that corridor north into the Moon Valley Area and south into the higher density residential area. C. Design 4. Design of lots and homes sites should take into consideration the scenic,wildlife, and river corridor and provide sufficient setback and buffering to sensitive habitat and floodway areas. D. Issues 1. The main concerns in the development of the area are the integration of lot sizes and housing styles. The vision for the area is contingent on the integration of uses and providing a flow of housing units throughout the area to avoid creating defined separation between estate areas and moderate density areas, for example. Further,the flow and provision of open space and trails through the area should be a key element in the approval process for developments that are proposed in the area. 4. Special concern shall be made for the floodway and floodplain to limit uses that are not consistent with the delicate nature of these areas. Page 6 of 13 K:\Planning Dept\Eagle Applications\RZ&A\2006\ Z-20-06 MOD2 pzf doc B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 8-1-2 defines Dwelling, Multi-Family as: A dwelling consisting of three (3) or more dwelling units including townhouses and condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public housing. • Eagle City Code, Section 8-2-1: Districts Established: MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office, limited commercial, and residential. This district is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure assemblage of properties in a unified plan with coordinated and harmonious development which shall promote outstanding design without unsightly and unsafe strip commercial development. Uses should complement the uses allowed within the CBD zoning district. All development requiring a conditional use permit in the MU zoning district, as shown in section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of this title unless the proposed development does not meet the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed use is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter. Residential densities shall not exceed twenty (20) dwelling units per gross acre. When a property is being proposed for rezone to the MU zoning district, a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the city council, provided the development agreement includes conditions of development that are required during the PUD and conditional use process. • Eagle City Code, Section 8-2-3 Schedule of District Use Regulations: Residential dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning designation. • Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Requirements: Zoning Maximum Front Rear, Interior Street Maximum Minimum Lot Minimum District Height Side Side Lot Covered Area(Acres Or Lot Sq.Ft.)G And Width I* H* MU 35' 20' 20' 7.5' 20' 50% 5,000 50' • Eagle City Code, Section 8-2A-7: Landscape and Buffer Area Requirements: B. Landscape As Percent Of Site: 1. Landscaping shall cover a minimum of fifteen percent(15%) of the property on multi- family residential developments. Hardscape plaza areas, such as decorative concrete/paver patios that are integrated into the design of the landscaped area, may be included in the fifteen percent(15%) landscape coverage requirement. Page 7 of 13 K:\Planning Dept\Eagle Applications\RZ&A\2006UtZ-20-06 MOD2 pzf.doc • Eagle City Code, Section 8-4-5: Schedule of Parking Regulations: Type Of Use Off Street Parking Spaces Required RESIDENTIAL Apal luients or multi-family dwellings For each unit with 2 or more bedrooms -2 including 1 covered; for each 1 bedroom or studio unit- 1.5 including 1 covered. 0.25 spaces per unit shall be provided for guest parking. Adjacent on street parking spaces on a local street may be credited toward the guest parking requirement • Eagle City Code, Section 8-7-3-3 Public Sites and Open Spaces: B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community(such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development. • Eagle City Code, Section 8-10-1(G): Modification of a Development Agreement: 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. C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Based on the previous development agreement modification being approved for a single-family residential subdivision staff will recommend that an Amended and Restated Development Agreement be executed with new Conditions of Development. D. DISCUSSION: • The Eagle Comprehensive Plan Land Use Map designates the property as Mixed Use, Residential One, Floodway, and Scenic Corridor. Additionally, the site is located within the Park Lane and River Plain Comprehensive Plan sub-areas. The applicant has submitted a development agreement modification for a multi-family residential development (Bel Air Eagle), consisting of 14-buildings (13-multi-family buildings containing 300-dwelling units and one (1) club house) including a height exception to 45-feet for the multi-family buildings. The proposed density of 13.52-dwelling units per acre is based on the area located outside of the floodway area. The applicant is proposing 13.42-acres of common area. Multi-family dwellings require a conditional use permit within the MU (Mixed Use) zoning designation. Developments requiring a conditional use permit in the MU zoning district, as shown in section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of Eagle City Code. When a property is being proposed for rezone to the MU zoning district a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the City Council provided the development agreement includes conditions of development that are required during the PUD and conditional use process. The applicant is proposing a development agreement in lieu of a Page 8of13 K\Planning Dept\Eagle Applications\RZ&A\2006\RZ-20-06 MOD2 pzf doe conditional use permit for this development; therefore the findings and conditions usually found within a conditional use permit will be placed within the rezone findings and associated development agreement. • The Bel Air Eagle Concept Plan, date stamped by the City on December 18, 2015, shows the proposed multi-family structures to be separated a distance of approximately 20-25 feet. The multi-family structures should be separated a minimum of 20-feet in width. The applicant is not requesting a reduction of the required setbacks for the MU (Mixed Use) zoning designation. The setbacks for Bel Air Eagle should be as follows: Front(east property line) 20-feet Rear(west property line) 20-feet Interior Side (south property line) 7.5-feet Street Side(north property line) 20-feet Structure separation 20-feet Maximum coverage 50% • Pursuant to Eagle City Code, Section 8-4-5, a minimum of one (1) of the required parking spaces for each unit must be covered. The applicant provided a Bel Air Eagle Concept Plan, date stamped by the City on December 18, 2014, and a Bel Air Eagle Development Features map, date stamped by the City on December 18, 2014, neither of which identify covered parking on the site. The applicant should be required to submit a design review application showing the required covered parking to be reviewed and approved by the Design Review Board prior to a zoning certificate being issued for construction of the multi-family residential buildings. • The Bel Air Eagle Concept Plan, date stamped by the City on December 18, 2014, delineates a 10-foot wide asphalt greenbelt pathway located between the pond and the southern property line. The areas located between the proposed pathway and the southern property line contains an existing riparian vegetation area. The applicant should be required to provide a conservation easement to protect the existing riparian vegetation area, located adjacent to the Boise River, from encroachments and/or removal. The conservation easement should be executed and recorded prior to the issuance of a zoning certificate for the construction of buildings on the property. The 10-foot wide greenbelt pathway should be located within a 20-foot wide pedestrian access easement. The applicant should provide a recorded 20-foot wide pedestrian access easement (inclusive of a 10-foot wide greenbelt pathway) in favor of the City of Eagle prior to a zoning certificate being issued for construction of buildings on the site. In regard to the completion of the greenbelt pathway the pathway should be completed in its entirety prior to the issuance of any certificate of occupancy. • The applicant provided building elevations, date stamped by the City on January 29, 2015, showing the multi-family building to be 43-feet in height. The applicant is requesting a height exception to allow the buildings to a maximum of 45-feet in height to allow flexibility in the event steeper roof pitches or different elevations are required based on the design review approval process. The proposed building height of the multi-family structures should not exceed 43-feet in height as shown on the submitted building elevations. • As part of the previously approved development agreement modification application (RZ-20- 06 MOD) associated with Riverscape Subdivision preliminary plat approval (PP-06-14) the applicant was required to work with the Eagle Parks and Pathway Development Commission to formalize an agreement for dedication of an area for a "Sportsman Access." The "Sportsman Access" is to contain a gravel parking area for 10-12 vehicles for access to the Page 9 of 13 K:\Planning Dept\Eagle Applications\RZ&A\2006\AZ-20-06 MOD2 pzf doc Boise River and the greenbelt pathway. The cost of the parking area improvements are required to be a 50/50 cost share between the city and the developer. Nothing in the condition was to limit the city from constructing additional site improvements of the "Sportsman Access" at the expense of the city. The applicant has indicated within the provided narrative, date stamped by the City on December 18, 2014, that the current applicant will agree to the same terms and conditions as previously required. Riverscape Subdivision was proposed with single-family residential lots (a portion of which were located in close proximity to the area where a sportsman access would be constructed). With this application, the applicant is requesting the maximum density allowed for the site. As proposed, the multi-family buildings associated with Bel Air Eagle will be constructed north of five (5) acre pond. The proposed sportsman access will be constructed south of the five (5) acre pond at the southeast corner of the site, which is more than 600-feet from the closest multi-family building. In regard to paving the sportsman access in relationship to the intensification of the proposed use, improving the site will provide a safe and clean environment for those individuals wanting access to the Boise River and the greenbelt pathway. Additionally, paving of the sportsman access will also provide a safe and clean environment for the residents of the multi-family development, due to a reduction of dust from the originally approved gravel parking area and noise from vehicles accessing a paved parking area versus a gravel parking area. The applicant should also be required to stub central sewer and potable water lines to the site. The applicant should work with the Eagle Parks and Recreation Director and Eagle Parks and Pathway Development Commission to formalize an agreement for dedication of an area for a "Sportsman Access." The "Sportsman Access" should contain a paved parking area with a minimum capacity of fifteen (15) vehicles for pedestrian access to the Boise River and the greenbelt pathway from South Linder Road. The formalized agreement should be provided prior to the submittal of a building permit application. Nothing should limit the City from constructing additional site improvements, at the sole cost of the City. • Within the applicant's narrative, date stamped by the City on December 18, 2014, the applicant indicated that all landscaping within the development will be irrigated by pressurized irrigation via a pump station. The landscaped areas (i.e. buffer berms, open areas, and landscaped areas located adjacent to the multi-family structures), should be irrigated from a pressurized irrigation system. • The proposed development is located within the City of Eagle's Municipal Water Service Area. Pursuant to Resolution No. 8-09, Storage and Trunk Line (STL) fees are required per Equivalent Residential Customer (ERC). ERC units are based on installed meter size. As required pursuant to the resolution a portion of the STL fees are to be paid at the time of submittal of a preliminary plat application and the remaining portion of the fee is to be paid at the time of submittal of a final plat application. The applicant is not proposing to subdivide the property, therefore, preliminary or final plat applications will not be submitted. Since the water meter size or quantity of water meters will not be determined until preparing construction plans for the buildings the applicant should be required to pay the STL fees per Equivalent Residential Customer (ERC) at the time of issuance of a building permit for each building. The applicant should also be required to pay the Water Construction Equivalency (WCE) and hook-up fees as applied per Equivalent Residential Customer(ERC) at the time of issuance of a building permit for each building. Page 10 of 13 K:\Planning Dept\Eagle Applications\RZ&A\2006\RZ-20-06 MOD2 pzf doc STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to date, staff recommends approval of the requested development agreement modification, development agreement in lieu of a conditional use permit with conditions of approval as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on February 17, 2015, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by one (1) individual (not including the applicant/ representative) representing the adjacent developer of HCR/Level 3 Subdivision who indicated his client has formalized an agreement that accommodates the concerns of both parties. The agreement address the building height concerns in relationship to the proposed location of the residential buildings on the site. The agreement is also supportive of the applicant's request to reduce the required parking on the site. C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by three (3) individuals who expressed the following concerns: • The proposed height of 43-feet is too high for the location. • Is this the type of development that Eagle desires? • The proposed density will increase the traffic in the area. • It is unclear where the main entrance is located. • Will left turns be permitted on Linder Road from the proposed entrance? • Linder Road is not designed at this time to handle the additional traffic from the proposed development. • If a parking reduction is approved will the site have enough parking for the number of units being proposed? • The site needs additional green space. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during deliberation that: • Two (2) of the Commissioners were concerned with the proposed height while one (1) of the Commissioners indicated they were not concerned with the requested height exception. • There is a concern of the proposed height of one (1) of the buildings due to the buildings proximity to the western property line. The applicant should be required to reduce the height of the portion of the building located closest to the western property line. • The applicant's request to reduce the required parking is supported by the evidence provided by the applicant. • The proposed development is appropriate for the location. • The proposed development is compatible with the surrounding area. • There may have been more testimony against the development from adjacent land owners if the adjacent subdivision(HCR/Leve13 Subdivision)was built-out. • The requested height exception of 43-feet is not appropriate for this area since the structures will be located adjacent to a residential subdivision. Page 11 of 13 K:\Planning Dept\Eagle Applications\RZ&A\2006\RZ-20-06 MOD2 pzf doc COMMISSION DECISION: The Commission voted 2 to 1 (Villegas against, Koellisch and Smith absent) to recommend denial of RZ- 20-06 MOD2 for a development agreement modification and development agreement in lieu of a conditional use permit for American Communities. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at the Sanctuary of Hope Lutheran Church located at 331 North Linder Road, Eagle, ID, 83616, at 6:00 PM, Thursday, December 11, 2014, in compliance with the application submittal requirement of Eagle City Code. The applications for these items were received by the City of Eagle on December 18, 2014. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on February 2, 2015. 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 January 29, 2015. Requests for agencies' reviews were transmitted on December 30, 2014, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on February 6, 2015. 3. The Commission reviewed the particular facts and circumstances of this proposed development agreement modification (RZ-20-06 MOD2) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone is not in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: f. The proposed MU-DA (Mixed Use with a Development Agreement) is not compatible with the R- 4-DA-P (Residential with a development agreement — PUD) zone and land use to the west since the adjacent property located west to the subject area is being developed as a residential subdivision and the proposed height of the multi-family residential buildings will be too high; and; 4. The Commission reviewed the particular facts and circumstances of this proposed development agreement modification and development agreement in lieu of a conditional use permit, and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: b. Based on public testimony received in opposition to the application it was determined that the proposed project will not be harmonious and appropriate in appearance with the existing character of the area since the proposed height of the buildings will be approximately eight feet (8') higher than what is currently permitted within Eagle City Code; and c. Based upon public testimony received in opposition to the application it was determined that the proposed project may be hazardous or disturbing to existing neighborhood uses due to the additional traffic created by the proposed use and the increased height of the buildings; and d. Based upon public testimony received in opposition to the application it was determined that the development will involve uses (multi-family residential) that will create additional traffic in the area; and 1. Based upon public testimony received in opposition to the application it was determined that the proposed increased height of the multi-family residential buildings is not justified since it may negatively impact the adjacent properties and view of the river area; Page 12 of 13 K:\Planning Dept\Eagle Applications\RZ&A\2006URZ-20-06 MOD2 pzf.doc DATED this 2nd day of March, 2015. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Id.• o \i •,,,F ,,,,, EAGLE •, Trent Wright, C a�'i irtnan (,J= �* • ;u i'�y ATTEST: S OK% Sti P', Sharon K. agle City Clerk A ,,•••.48. .PATE %',,, Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 13 of 13 K:\Planning Dept\Eagle Applications\RZ&A\2006\RZ-20-06 MOD2 pzf doc