Findings - PZ - 2015 - CPA-04-14 & RZ-07-14 - Cpa From Res To Mu-Da/.88 Acre/135 Floating Feather Road BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A COMPREHENSIVE MAP AMENDMENT AND )
REZONE FROM R-4 (RESIDENTIAL) TO MU-DA )
(MIXED USE WITH A DEVELOPMENT AGREEMENT )
IN LIEU OF A PUD) FOR JAYO DEVELOPMENT,INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-04-14 & RZ-07-14
The above-entitled comprehensive plan map amendment and rezone applications 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 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:
Jayo Development, Inc., represented by Shawn Nickel with SLN Planning, is requesting a
Comprehensive Plan Map Amendment from Residential Four to Mixed Use and rezone with
development agreement from R-4 (Residential) to MU-DA (Mixed Use with a development
agreement in lieu of a PUD)for the allowance of six(6)patio homes. The 0.88-acre site is located
on the south side of West Floating Feather Road at 135 West Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Eagle Sewer District office at 6:00 PM, Thursday,
October 16, 2014, in compliance with the application submittal requirement of Eagle City Code.
The City of Eagle received the application for this item on December 8, 2014.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission were
published in accordance for 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 26, 2015. Requests for agencies'
reviews were transmitted on December 22,2014, in accordance with the requirements of the Eagle
City Code. The site was posted in accordance with Eagle City Code on February 6, 2015.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None.
E. COMPANION APPLICATIONS:None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Four R-4 (Residential) Vacant parcel
Proposed Mixed Use MU-DA(Mixed Use Six(6) single-family patio homes
with a development
agreement in lieu of a
PUD)
North of site Transitional RUT(Rural-Urban Single-family residence and
Residential Transition—Ada agriculture
County designation)
South of site Residential Four R-4 (Residential) Clear Creek Crossing Subdivision
East of site Mixed Use MU-DA (Mixed Use Dentist office
with a development
agreement)
West of site Residential Four R-4 (Residential) Clear Creek Crossing Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: 0.88-acres
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 REZONE:
See applicant's justification letter, date stamped by the City on December 8, 2014(attached to the
staff report).
K. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE DEVELOPMENT
AGREEMENT:
See applicant's justification letter, date stamped by the City on December 8, 2014 (attached to the
staff report).
L. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Central sewer is available to this site through Eagle Sewer District and domestic water will be
supplied by United Water Company. Fire service will be available from the Eagle Fire District.
The site accesses onto West Floating Feather Road (minor arterial). Police protection is provided
by Ada County through contract with the City of Eagle.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain — Yes — located within the Dry Creek Area of Special Flood Hazard (1%-chance
floodplain area)
Mature Trees—Yes—located on an existing berm adjacent West Floating Feather Road, Also,the
eastern third of the property contains several mature trees
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—No
Wildlife Habitat—No
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:
Ada County Highway District
Eagle Fire Department
Tesoro Logistics NW Pipeline
Q. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Stanley and Katherine Taylor,date stamped by the City on February
12, 2015.
Correspondence received from Doug and Debbie Greenaway,date stamped by the City on February
12, 2015.
STAFF ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
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.
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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%
1.3 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 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:
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.
Chapter 3 Population
3.5 Population Implementation Strategy
Monitor population growth and employment data to detect significant trends that will affect the
Comprehensive Plan goals, objectives and policies.
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.
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B. The Eagle Sewer District which provides sewer service within a designated sewer service area.
Larger lot homes have wells and septic systems and must comply with Central District Health
Department requirements.
D. United Water, Eagle Water Company, and the City which provide water to Eagle residents. Some
private water systems and wells are also used.
E. Ada County Sheriff's Office which provides police services on a contract
Chapter 5 Economic Development
5.3 Economic Development 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.
5.5 Economic Development Implementation Strategy
J. Enforce the sizing and scaling of commercial and mixed use areas as specified in the land use chapter.
1. Discourage isolated or strip commercial uses.
Chapter 6 Land Use
6.3 Land Use Designations
Residential Four
Suitable primarily for single family residential development within an urbanized setting. An allowable
density of up to 4 units per 1 acre.
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.
Table 6-3: Definitions of Land Use Designations
Land Use Description Allowed Uses and/or Limitations
Moderately Higher urban density 8,000 sq. ft. lots, maximum density of 4 units per
Residential Four primarily located north and east of acre, PUD's may allow higher densities on specific
the central business district. projects within the city's jurisdiction.
Suitable for a variety of uses that are Provides a mixture of uses similar to the central
Mixed Use implemented through the planned business district with an increased residential
unit development code. presence that compliments the central business
district.
6.4 Land Use Goals
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.
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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.
D. Discourage strip commercial type development.
G. Locate higher-density residential development closest to Downtown Eagle and activity centers as
shown on the Comprehensive Plan Land Use Map.
H. Encourage mixed use in the area shown along both sides of Eagle Road between Ranch Drive and
Floating Feather Road to allow development such as higher density residential dwelling units and/or
facilities such as senior assisted housing, nursing homes and convalescent homes. Commercial uses
in this mixed use area are not permitted.
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 that continue to promote the rural character of the
City of Eagle. (See Map 6.1 & 6.2)
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.
Chapter 8 Transportation
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 Plan of COMPASS. On-street parking is prohibited.
Access Function:
Access to 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.
8.4 Goals
4. Protect and buffer homes, businesses, sidewalks and pathways, parks and opens spaces from the
adverse impacts of roadways and traffic.
8.5 Objectives
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.
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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.
J. Encourage alternative transportation forms such as walking,biking, and carpooling. Create
opportunities for walking and biking between neighborhoods. Provide pedestrian and bicycle routes
to all elementary and middle schools. Develop and maintain a safe-route-to school program.
8.6.2 Specific Design Strategies
D. Limit access to all arterial streets.
E. Discourage direct lot access to parcels abutting arterial and collector streets.
F. Encourage shared driveways on collector streets and streets in Downtown Eagle.
G. Develop methods, such as cross-access agreements, frontage and backage roads,to reduce the number
of existing access points onto arterial streets.
Chapter 10 Housing
10.2 Housing Goal
A. Encourage a variety of housing so that all residents can choose sound, affordable homes that meet
individual needs.
10.3 Housing 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.
C. Encourage residential development near employment and business centers so that all income groups
can afford to live close to the places where they engage in business and do business.
Chapter 11 Special Areas and Sites
11.2 Recognized Special Areas and Sites
Downtown Eagle
Downtown Eagle is recognized as a special area due to its historical and architectural significance. It is
recognized as the commercial hub of the community. Downtown Eagle is depicted on the Comprehensive
Plan Land Use Map.
Emphasis should be given to encouraging new housing in and adjacent to Downtown Eagle. Use of
existing houses within the Olde Town portion of Downtown Eagle for both residential and commercial
purposes should be encouraged.
Chapter 12 Community Design
12.2 Community Design Goals
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.
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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 Community Design 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.
B. Work to accommodate the projected Eagle Planning Area population and the Northwest Rural
Demographic population, located in the Eagle AOI, by 2025.
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.
12.4 Community Design Implementation Strategies
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.
HH. Provide a variety of housing opportunities ranging from large lot residential to multi-family
apartment uses.
Chapter 13 Implementation
13.6 Implementation 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
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).
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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 their evaluation of the request.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• 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 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 (Acres Or Sq.Ft.) Width
Covered
MU 35' 20' 25' 7.5' 20' 50% 5.000-square feet 50'
• Eagle City Code Section 8-2A-7 (J)(4): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi-family developments,shall be buffered from streets classified as collectors,arterials,
freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and maintained
by a homeowners' association. Any landscaping proposed to be within the public right of way
shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below,shall be measured from the elevation of the final grade of the
adjacent roadway(measured at the centerline)to the top of the proposed berming/fencing. The
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required buffer area width,plantings, and fencing are as follows:
b. Any road designated as a minor arterial on the transportation and pathway network plan in
the Eagle Comprehensive Plan:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: five
(5) shade trees, eight(8)evergreen trees,three(3)flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum five foot(5')high, maximum eight foot(8')high,berm,decorative block wall,
cultured stone,decorative rock,or similarly designed concrete wall,or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three
feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in
combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
• 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.
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.
A. 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:
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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 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)
C. DISCUSSION:
• The applicant is requesting a comprehensive plan map amendment to change the future land use
map designation from Residential Four to Mixed Use for approximately .88-acres located on the
south side of West Floating Feather Road at 135 West Floating Feather Road. Additionally, the
applicant is requesting to rezone the subject property from R-4 (Residential) to MU-DA (Mixed
Use with a development agreement in lieu of a PUD)to construct six(6)patio homes.
• 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 applicant's justification letter,date stamped by the City on
December 8, 2014, the applicant states the following:
"A condition exists with this property that the applicant believes warrants a change in the
Comprehensive Plan. The size and location of this property, together with its exclusion within the
surrounding single family development surrounding it and with its location adjacent to an existing
mixed use development lends itself to the change being requested."
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• 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." In the applicant's justification
letter, date stamped by the City on December 8, 2014, the applicant states the following:
"Allowing a mixed use designation to provide higher density residential in this area provides the
public with a diversity in living options that is lacking in the area. In fact,the predominant land use
within a two mile radius is single family residential. Under the currently approved zoning districts
and the Comprehensive Plan Future Land Use Map, this residential type is not being adequately
provided in this area."
• 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." In the applicant's justification letter, date stamped by the City on February 8, 2015, the
applicant states the following:
"In order to develop the property into a patio home development, and be consistent with the Land
Use Implementation Strategy 6.6H of the Eagle Comprehensive Plan,which encourages mixed use
in the areas of Eagle Road between Ranch Drive and Floating Feather Road to allow development
such as higher density residential, the Comprehensive Plan Map must be amended to allow the
change in density. The current Map designation indicates Residential Four(up to 4 units per acre),
while the desired density of the proposed development is 6.82 dwelling units per acre. Without a
change in the designation,the proposed development does not meet the Plan. "
• A traffic study and economic analysis were not required nor warranted since the required thresholds
were not triggered due to the limited size and intensity of the project.
• As policy,the City does not amend the comprehensive plan without a specific subarea text to serve
as a guide for a future re-zone of the property. The property in question is not within a subarea of
the comprehensive plan and the applicant is not proposing a new subarea.
• In lieu of the subarea text, the applicant is requesting that Comprehensive Plan Policy 6.6 (H)
"Encourages mixed use in the areas of Eagle Road between Ranch Drive and Floating Feather
Road to allow development such as higher density residential" be interpreted to apply to the
property in question. The housing options along Eagle Road between Floating Feather and Ranch
Drive include assisted living, senior apartments, and single family residential.
• The accompanying rezone and development agreement will specifically enumerate and condition
the intensity of the development on the site in association with the proposed rezone and
development agreement (RZ-07-14). The applicant has included a conceptual plan for inclusion
into the development agreement for the property.
• The applicant proposes a land use map amendment to Mixed Use(up to 20 units per acre)without
comprehensive plan text to limit the density. The applicant proposes to use a development
agreement to limit density on the site to 6.81 units/acre. If applications (comprehensive plan and
rezone)do not move forward as combined applications,the comprehensive plan amendment should
not be allowed to move forward on its own until a comprehensive plan text amendment is provided
to establish a subarea.
• The subject property is located on Floating Feather Road, a minor arterial. The site currently takes
direct access to Floating Feather Road and does not have alternative access to the adjacent parcels.
According to Eagle City Code and current zoning for the property,the applicant could request three
separate driveway access points onto Floating Feather Road. The applicant's proposal to use a
share drive for the project is consistent with Eagle Comprehensive plan policies 8.4.4, 8.5 (C&D),
8.6.2 (D, E, F, &G).
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• The Eagle Comprehensive Plan policy 12.2(D) encourages locating compact and multi-family
development along major transit corridors and near activity centers to encourage pedestrian
accessibility and circulation. A typical walking distance is 1/4-mile. This site is not located along a
transit corridor and has the following walking distances:
Location Distance
Eagle Middle
School .5 miles
Eagle Elementary
School .5 miles
Dry Creek Trail .25 miles
Downtown Eagle 1 mile
Medical/Dental
Services adjacent
• The Eagle Comprehensive Plan Policy 6.6 (G) States: "Locate higher-density residential
development closest to Downtown Eagle and activity centers as shown on the Comprehensive Plan
Land Use Map." The applicant is requesting this policy be coupled with Comprehensive Plan
policy 6.6 H which states"Encourages mixed use in the areas of Eagle Road between Ranch Drive
and Floating Feather Road to allow development such as higher density residential."
There is currently no activity center identified for the property but there is an activity center located
along Eagle Road adjacent to this site. As stated above, the site is located approximately 1 mile
from downtown Eagle.
• The Eagle Comprehensive Plan encourages"a diversity of housing options" in policy 1.3, 6.6 (S),
10.2 (A), 10.3 (A), 11.2, 12.3 (C), & 12.4(HH).
The Clear Creek Crossing subdivision is located to the south and west of this site and is zoned R-4
(with a residential density of 1.31 dwelling units per acre). The applicant's request is to develop
the subject property at a density of 6.81 units per acre(a 58%increase in the density from its current
Residential Four designation).
• The Eagle Comprehensive Plan Policy 12.4(L)states:Develop buffer and transition zones between
conflicting land uses.
• The Eagle Comprehensives Plan Policy 6.4 (C) states: Identify areas that due to the nature of
existing uses, anticipated uses, and/or transportation corridors, will lend themselves to increased
activity ...while preserving larger areas as residential neighborhoods.
The site is located between a Mixed Use parcel(Lighthouse Dental)located at the southwest corner
of Eagle Road and Floating Feather Road and the Residential Four parcels located within the Clear
Creek Crossing Subdivision. The applicant's request is for a Mixed Use land use designation with
a rezone and development agreement which will limit the uses on the site to residential only. The
proposal is to have this project serve as a transition/buffer between the Mixed Use and Residential
Four land uses adjacent to the site. Higher density residential uses are generally considered an
appropriate buffer between non-residential (office)uses and lower density residential uses.
• The Eagle Comprehensive Plan Chapter 6.6 (CC) states: Discourage mid-block commercial
development along arterial and collectors unless it is specified in the plan.
The applicant is requesting that the uses on the property be limited to residential.
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• The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6(B)states: "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.
Sewer and water are currently available to the site. Eagle Fire has no objection to the application.
• The Comprehensive Plan Map/Zoning Map Amendment map (concept plan), date stamped by the
City on December 8,2014,identifies six(6)building envelopes located within six(6)separate lots.
The proposed setbacks based on the building envelopes(as shown on the concept plan) shows the
following setbacks:
Front 25-feet
Rear 15-feet
Side 5-feet(Lot 1, shows a 10-foot setback located adjacent to the west boundary)
With the exception of the building envelope shown on the lot labeled as#1 it appears the proposed
lot coverage will not exceed approximately 60%.The lot coverage for the building envelope for lot
#1 appears to be approximately 77%.
Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the MU
(Mixed Use):
Front 20-feet
Rear 20-feet
Side 5-feet, (additional 5-feet per story, measured to the second story)
Maximum Lot Coverage 50%
It is staff's opinion that the setbacks and maximum lot coverage should be as follows:
Front 25-feet
Rear 15-feet
Side 5-feet(Lot 1, 10-feet located adjacent to the west boundary) (additional 5-feet per story,
measured to the second story)
Maximum lot coverage 60%
• The Flood Insurance Rate Map (FIRM), Panel #16001C0153H, effective February 19, 2003,
identifies the subject property to be located within the 1% Annual Chance Flood Hazard area
(formerly known as the 100-year floodplain area).The applicant should be required to comply with
Eagle City Code, Title 10,Flood Control, in regard to all development associated with the subject
property.
• The Comprehensive Plan Map/Zoning Map Amendment map (concept plan), date stamped by the
City on December 8, 2014, identifies a 24-foot wide street providing access to six (6) lots. The
applicant has not submitted a preliminary plat for the site to date. The applicant has not indicated
if the street (shown on the concept plan) providing access to the individual lots will be public or
private. The applicant should be required to comply with Eagle City Code, Title 9, Land
Subdivisions, regarding the type of street providing access to the future lots located within the
development.
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STAFF RECOMMENDATION REGARDING THE PROPOSED COMPREHENSIVE PLAN MAP
AMENDMENT:
Based upon the information provided to staff to date staff recommends approval of the requested
comprehensive plan map amendment conditioned upon the approval of the associated rezone limiting the
overall development density of the property to 6.8 dwelling units per acre.
STAFF RECOMMENDATION FOR THE REZONE:
Based upon the information provided to staff to date staff recommends approval of the rezone with a
development agreement with the Conditions of Development to be placed in a development agreement 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 opposition to the application was presented to the Planning and Zoning Commission
by three(3) individuals who expressed the following concerns:
• The lack of details provided by the applicant and lack of follow through from the applicant
following the neighborhood meeting.
• How will the applicant address drainage from the site due to the high ground water in the
area?
• The proposed density may have an effect on the property values of the adjacent properties.
• The proposed setbacks are too close to the property lines.
• The proposed density is too high for the area.
• The site will not have sufficient parking for the number of homes.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• Development of the site should not reduce the property values of the adjacent development.
• The rear portion of the homes to be constructed on-site should be limited to one-story in height.
• The development should be in harmony with the adjacent development.
COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN TEXT
AMENDMENT:
The Commission voted 3 to 0 (Koellisch and Smith absent)to recommend approval of CPA-04-14 for the
requested comprehensive plan map amendment from Residential Four to Mixed Use for Jayo Development,
Inc., pursuant to the staff recommendation that upon the approval of the associated rezone the overall
density of the site will be limited to not exceed 6.8-units per acre.
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 3 to 0 (Koellisch and Smith absent) to recommend approval of RZ-07-14 for a
rezone from R-4 to MU-DA for Jayo Development, Inc.,with the following staff recommended conditions
of development to be placed within a development agreement with underline text to be added by the
Commission:
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3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, 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.
3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the
Project.As the Concept Plan evolves,the City understands and agrees that certain changes in that
concept may occur or be required.If the City 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 the City.
3.3 The total number of residential units on the Property shall not exceed 6-units(6.8 dwelling units
per acre) in the aggregate. Development of the Property will be permitted and future conditional
use permits for the residential development will not be required.
3.4 Prior to City rezoning,the Property shall be annexed into Eagle Sewer District's boundaries and
shall comply with all applicable Eagle Sewer District's regulations and conditions.Further,prior
to issuance of a building permit 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 The required setbacks shall be as follows:
Front 25-feet
Rear 15-feet
Side 5-feet(Lot 1, 10-feet located adjacent to the west boundary)(additional 5-feet per story,
measured to the second story)
Maximum lot coverage 60%
3.6 Owner shall comply with all applicable provisions for Title 10,Flood Control, of the Eagle City
Code.
3.7 Owner shall comply with Eagle City Code, Title 9,Land Subdivisions, regarding the type of
street providing access to the future lots located within the development.
3.8 No portion of a residential structure located adjacent to the rear property line(south) shall
exceed one(1)story in height.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at the Eagle Sewer District office at 6:00 PM, Thursday, October
16, 2014, in compliance with the application submittal requirement of Eagle City Code. The City of
Eagle received the application for this item on December 8, 2014.
2. Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission were
published in accordance for 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 26,2015. Requests for agencies'reviews were transmitted
on December 22,2014,in accordance with the requirements of the Eagle City Code.The site was posted
in accordance with Eagle City Code on February 6, 2015.
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3. The Commission reviewed the particular facts and circumstances of this proposed comprehensive plan
amendment (CPA-04-14) 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. The proposed use will provide additional
diversity of homes in the area 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.
4. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-07-14)
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 requested zoning designation of MU-DA (Mixed Use with a development agreement in
lieu of a PUD) is consistent with the Mixed Use land use designation on the Comprehensive
Plan Land Use Map, and;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist,or are expected to be provided,
to serve all uses allowed on this property under the proposed zone, and;
c. The proposed MU-DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the RUT (Rural-Urban Transition—Ada County designation) zone and land
use to the north since the subject property is separated from the property to the north by West
Floating Feather Road (minor arterial) and the property to the north may be developed with
residential uses, and;
d. The proposed MU-DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the R-4 (Residential) zone and land use to the south since that area is
developed with a residential subdivision, and;
e. The proposed MU-DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the R-4(Residential)zone and land use to the west since that area is developed
with a residential subdivision, and;
f. The proposed MU-DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the MU-DA(Mixed Use with a development agreement)zone and land use to
the east since that area is developed with a light intensity commercial use(dentist office), and;
g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan, however, the applicant will be required to comply
with Eagle City Code, Title 10,Flood Control, for all proposed development on the site, and;
h. There are no existing structures on the site. Therefore,no non-conforming uses are expected to
be created with this rezone.
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DATED this 2nd day of March, 2015.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wrigh hai an = 0..•• pats*�.�••
U ks v � �9 Q
ATTEST: •
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ST
A" ••'
haron K. Bergmann,Eagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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