Findings - CC - 2015 - RZ-20-06MOD2 - Da Mod/Allow For Multi-Family/14 Buildings/22.17 Acre BEFORE THE EAGLE CITY COUNCIL
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 City Council for their action on March 24, 2015, at which
time public testimony was taken and the public hearing was closed. The City Council, having heard and
taken oral and written testimony, and having duly considered the matter, makes the following Findings of
Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
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.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
March 9, 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 March 6, 2015. The site was posted in accordance with the
Eagle City Code on March 14, 2015.
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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).
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)
North of site Commercial C1-DA(Neighborhood Vacant parcel
Business District with
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
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Multi-family—300
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.
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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.
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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
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activity center created by Eagle High School and existing development approved by Ada County
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.
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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.
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• Eagle City Code, Section 8-4-5: Schedule of Parking Regulations:
Type Of Use Off Street Parking Spaces Required
RESIDENTIAL
Apartments 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
'PREUtAll ',417WMr•A Ma, WO
• 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
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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
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"Sportsman Access" is to contain a gravel parking area for 10-12 vehicles for access to the
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.
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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
development 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/Level 3 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.
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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, as provided within their findings of fact and
conclusions of law document, dated March 2, 2014.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on March 24, 2015, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the application was presented to the City Council by three (3) individuals
(not including the applicant/ representative) one (1) of which who indicated he is the developer of
HCR/Level 3 Subdivision (adjacent development). The individual indicated that he has formalized an
agreement that accommodates the concerns of both parties. The agreement addresses 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. All
three(3) individuals indicated they supported the application for the following reasons:
• This location is an appropriate area for locating a multi-family residential development.
• The developer has taken a pro-active approach to address concerns expressed by property owners
located in proximity to the site.
• The project is well designed and provides more green space.
• The applicant has worked with the adjacent land owners to mitigate the increased height by
reducing the height of one(1)building and increasing the setback.
C. Oral testimony in opposition to the application was presented to the City Council by six(6) individuals
who expressed the following concerns:
• The proposed height of 43-feet is too high for the location.
• The proposed density will increase the traffic in the area.
• It is unclear where the main entrance is located.
• Linder Road is not designed at this time to handle the additional traffic from the proposed
development.
• Additional development at this location should not be permitted until Linder is widened.
• There may be a safety issue regarding traffic entering and leaving the site.
• If a parking reduction is approved will the site have enough parking for the number of units being
proposed?
• Allowing the additional density may cause overcrowding of schools and crime may increase.
• There may be more appropriate areas for locating multi-family residential development.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-20-06 MOD 2, for a development agreement modification and
development agreement in lieu of a conditional use permit for American Communities, with the following
staff recommend conditions of development to be placed in an amended and restated development
agreement, with underline text to be added by the Council:
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 design review,
preliminary and final plat reviews, condominium plat reviews and/or any conditional use permits,
if applicable, and any other applicable applications as may be required by the Eagle City Code,
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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 Bel Air
Eagle project, a multi-family residential project. As the Concept Plan evolves,the City understands
and agrees that certain changes in that concept may occur. 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, notice
shall be provided as may be required by the City.
3.3 The multi-family dwellings (Exhibits D 1-3), club house, and required parking structures shall be
designed in compliance with Eagle City Code Section 8-2A. Permitted architecture styles are
specifically those shown within the Eagle Architecture and Site Design Book (EASD Book).
Architecture styles and building design elements that are not shown with the EASD Book will not
be permitted.
3.4 The Owner shall submit a Design Review application for the site (as required by Eagle City Code)
and shall comply with all conditions required by the City of Eagle as a part of the Design Review
prior to issuance of a zoning certificate.
3.5 The total number of residential units shall not exceed 300-units in the aggregate. Development of
the residential portion of the Property will be permitted and future conditional use permits for the
residential development will not be required.
3.6 The proposed building height of the multi-family structures shall not exceed 43-feet in height.
3.7 Upon completion of the project the following shall apply:
(a)Owner shall have the duty to maintain and operate all of the landscape areas 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.
(b) Parking shall only be allowed in the designated parking areas.
(c) Owner shall have the duty to maintain and operate all of the drive aisles/parking areas
including the repair and replacement of asphalt and sidewalks.
(d) The storage of recreational vehicles, utility trailers, etc. within the development shall be
prohibited.
3.8 The setbacks shall 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%
3.9 The Owner's property shall be annexed into the Eagle Sewer District's service boundaries and
shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the
issuance of any building permits. A letter of approval shall be provided to the City from the Idaho
Department of Health and Welfare, Division of Environmental Quality, and/or Central District
Health,prior to issuance of any building permits.
3.10 Owner shall provide a report or analysis of any proposed changes to wetlands located on the
Property and any such change shall be contingent upon approval by the Army Corps of Engineers,
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Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if
applicable), Ada County, and any other appropriate governmental agencies, and shall be in
accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all development
and improvement of the Property shall comply with rules and regulations pertaining to regulated
wetlands.
3.11 Owner shall 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 shall
be executed and recorded prior to the issuance of a zoning certificate for the construction of
buildings on the property.
3.12 Owner shall provide and construct a minimum 10-foot wide greenbelt pathway along the portion of
the Property located adjacent to the Boise River. The specific location and design of the pathway
shall be approved by the City of Eagle Park and Pathway Development Commission prior to
submittal of a design review application. The greenbelt pathway shall be located in a recorded
pedestrian access easement or easements dedicated to and accepted by Eagle. The greenbelt
pathway shall be completed in its entirety prior to the City issuing a Certificate of Occupancy for
the multi-family structures.
3.13 Owner shall provide a club house and pool as generally depicted on the Concept Plan. The intent of
the club house is to provide a venue for meetings and activities for the residents of the
development. The building architecture and associated landscaping shall be reviewed and
approved by the Eagle Design Review Board and Eagle City Council prior to the issuance of a
certificate of occupancy.
3.14 The landscaped areas (i.e. buffer berms, open areas, and landscaped areas located adjacent to the
multi-family structures), shall be irrigated from a pressurized irrigation system.
3.15 Owner shall provide documentation of an approved 404-Permit for work within any wetlands on
site prior to the City issuing a zoning certificate for the property.
3.16 City of Eagle approvals shall be subject to any FEMA requirements.
3.17 Provide the City with documentation showing the location of the easement providing access to the
Pioneer Ditch Company irrigation head gate.
3.18 The applicant shall comply with the requirements of the Ada County Highway District(ACHD),
including but not limited to approval of access to public roads, drainage system, curbs, gutters,
streets, and sidewalks prior to the issuance of building permits.
3.19 Owner shall 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" shall contain a paved parking area for a minimum capacity of
fifteen(15)vehicles for pedestrian access to the Boise River and the greenbelt pathway from South
Linder Road. The applicant shall also be required to stub central sewer and potable water lines to
the site. The formalized agreement shall be provided prior to the submittal of a building permit
application. Nothing in this condition shall limit the City from additional site improvements,
however, any improvements beyond those stated herein shall be at the sole cost of the City.
3.20 Owner shall be required to pay the required City of Eagle Storage Trunk Line (STL), Water
Construction Equivalency (WCE), and water hook-up fees as applied per Equivalent Residential
Customer(ERC)at the time of issuance of a building permit for each building.
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3.21 Owner shall provide playground equipment (tot lot) to be reviewed and approved by the Design
Review Board.
3.22 Owner shall provide correspondence from Republic Services approving the locations of all
proposed trash enclosures prior to the issuance of a zoning certificate.
3.23 Building`B5"(as identified in Exhibit`B") shall be setback 60-feet from the property line for any
portion of the building that is two-stories tall and setback 80-feet from the property line for any
portion of the building that is three-stories tall.
3.24 The parking ratio for the site shall be 1.8-spaces per residential unit.
3.25 The landscaping located between Building "B5" and Lots 11-13, Block 1, HCR/Level 3
Subdivision shall be heavily landscaped. The landscape plan shall be reviewed and approved by
the Design Review Board prior to issuance of a zoning certificate.
3.26 Owner shall exchange approximately 87-feet of the existing open style fencing located between
Lot 10, Block 1, HCR/Leve13 Subdivision and Property with solid style fencing to match the solid
style fencing currently located in proximity to the site. The proposed fencing shall be reviewed and
approved by the Design Review Board prior to the issuance of a zoning certificate.
3.27 Owner shall be required to construct a two (2)stall public restroom in proximity to the"Sportsman
Access". The cost of construction of the public restroom shall be reimbursed by City by offsetting
the required park impact fees received for the project. The public restroom shall be dedicated to
City and upon dedication maintained by City.
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.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on March 9, 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 March 6, 2015. The site was posted in accordance with the Eagle City Code on
March 14, 2015.
3. The Council 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 in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The zoning designation of MU-DA (Mixed Use with a development agreement) is consistent with
the Mixed Use designation as shown on the Comprehensive Plan Land Use Map;
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b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with the MU-
DA (Mixed Use with a Development Agreement)zone and land use to the north since the parcel to
the north is owned by the State of Idaho and will not be developed in the future; and;
d. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with the RUT
(Rural-Urban Transition—Ada County designation) zone and land use to the south since the Boise
River is located between the subject parcel and the existing parcels located south of the river; and;
e. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with the RUT
(Rural-Urban Transition — Ada County designation) zone and land use to the east since the
developer will be required to construct a 10-foot high buffering berm to be located adjacent to
South Linder Road; and;
f. The proposed MU-DA (Mixed Use with a Development Agreement) is 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 of the subject property is being developed as a residential
subdivision. The applicant has also entered into an agreement(with conditions) with the developer
of the adjacent property for developing the subject property. The agreed upon conditions are
incorporated into the conditions of development of the development agreement associated with the
subject application; and
g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan, however, the floodway and riparian areas are going to remain in
their natural state; and
h. No non-conforming uses are expected to be created with this rezone.
4. The Council 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:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City
Code Title 8) since residential multi-family dwellings and height exceptions may be permitted in
the MU (Mixed Use) zoning district if a conditional use permit is approved by the City Council;
and
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8) since there are no
inconsistencies with the Comprehensive Plan and since residential multi-family dwellings and
height exceptions are permitted with the approval of a conditional use permit with the MU(Mixed
Use)zoning district and the Comprehensive Plan designates this site as Mixed Use and Residential
One. Also, the area where the proposed multi-family dwellings are to be constructed is designated
Mixed Use on the Comprehensive Plan Land Use Map; and
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will not
change the essential character of the same area since the developer is required to provide increased
setbacks from the property lines to mitigate the increased height of the structures. The developer is
also required to provide additional heavy landscaping and solid fencing located in proximity to the
western property line to enhance the compatibility of the project located to the west. The Council
determined the height exception to 43-feet should be granted since the buildings overall
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architecture is enhanced by the higher roofline and will be approximately set back 80-feet from the
adjacent properties. The design and architecture of the proposed multi-family dwellings are
required to be reviewed and approved by the Design Review Board prior to construction; and
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the owners of the
adjacent property to the west supported the proposed application based on the conditions of
development to be placed within a development agreement; and
E. Will be served adequately by essential public facilities such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such services. All central services are either available to the site or will be conditioned herein,
as noted within the letters provided by the agencies having jurisdiction over the site. Also,
development of sewer, water, drainage, streets, and other urban services will be provided at the
developer's expense; and
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community since the site will be served
with central sewer from the Eagle Sewer District and will use public water to be served from the
City of Eagle Municipal Water System. Fire protection will be provided by the Eagle Fire
Department and fire hydrants will be provided where required. The applicant is also required to
construct a "Sportsman's Access" with paving and a public restroom to be constructed in
proximity to the greenbelt and Boise River; and
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that
will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors since the applicant is proposing a
residential development;
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares since the proposed approaches have been
reviewed and approved by the Ada County Highway District; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance. The property contains areas that are located within a"Hazard Area" or"Special Area"
as described within the Comprehensive Plan, however, the floodway and riparian areas are going
to remain in their natural state; and
5. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit(development agreement in lieu of a
conditional use permit) shall not be considered as establishing a binding precedent to grant other
conditional use permits.
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DATED this 14th day of April, 2015.
CITY COUNCIL
OF THE CITY OF EAGLE
da County, Idah E ^
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roes D. Reynold yor 0 *c
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ATTEST: :* SE XI'.�,�1',,;o
Sharon . Bergmann, Eagle Cit1 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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