Findings - PZ - 2015 - CPA-03-15 & RZ-06-15 - Cp Map Amendment From R3 To Mu/A To Mu-Da/43-Unit/7.74 Acre/103 Edgewood Ln BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A COMPREHENSIVE PLAN MAP AMENDMENT )
AND REZONE FROM A (AGRICULTURAL) TO )
MU-DA (MIXED USE WITH A DEVELOPMENT )
AGREEMENT IN LIEU OF A PUD)FOR JLG-5,LLLP )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-03-15 & RZ-06-15
The above-entitled comprehensive plan map amendment and rezone applications came before the Eagle
Planning and Zoning Commission for their consideration on June 15,2015,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:
JLG-5, LLLP, represented Scott Noriyuki with Northside Management, is requesting a
Comprehensive Plan Map amendment from Residential Three(up to 3 units per acre)to Mixed Use
and a rezone from A(Agricultural) to MU-DA(Mixed Use with a development agreement in lieu
of a PUD)to develop a 43-unit(42-new and 1-existing,5.56 unit per acre)residential development.
The 7.74-acre site is generally located at the southwest corner of the new Hill Road extension and
Edgewood Lane intersection at 103 South Edgewood Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the property in question at 6:00 PM, April 29, 2015, in
compliance with the application submittal requirement of Eagle City Code. The City of Eagle
received the application for this item on May 8,2015.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on May 25, 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 May 18, 2015. The site was posted in
accordance with the Eagle City Code on June 5, 2015. Requests for agencies' reviews were
transmitted on May 11,2015, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
The parcel in question was originally included as part of the Downtown Eagle Plan and was
proposed to be changed from Residential Three(up to three units per acre)to Downtown. In 2011,
the Eagle City Council removed the property from the Downtown Plan stating it should be
developed as residential to provide a buffer to the existing residential uses to the south and the
proposed Hill Road Extension along the northern boundary of the site.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Three A(Agricultural) Single-Family Residence and
Agriculture
Proposed Mixed Use MU-DA(Mixed Use Single-Family Residential—
with a development PUD
agreement in lieu of a
PUD)
North of site Downtown A(Agricultural) Single-family Residence and
Agriculture
South of site Residential Four R-4(Residential) Single-Family Residential
(Empire Estates Subdivision)
East of site Residential Four R-4(Residential) Single-Family Residential
(Edgewood Estates and
Patterson Subdivisions)
West of site Public/Semi-Public PS (Public/Semipublic) School(Eagle Academy)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: 7.74 acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE COMPREHENSIVE PLAN
MAP AMENDMENT:
These applications and requests provide a more appropriate and supported transition of land uses
between existing developments,the new Hill Road alignment and projected Mixed Uses identified
to the North. While the City of Eagle Comprehensive Plan Land Use Map calls out this site to be
Residential 3 (R-3), the argument can and should be made that existing property approvals and/or
designations allow for a heightened residential density development in this area and will provide
for a more appropriate transition between the existing R-4 subdivisions and future Mixed Uses as
this particular area of Eagle expands and the new Hill Road alignment project is completed. The
requested Mixed Use designation will provide a higher level of dimensional flexibility needed to
achieve both desired transition of use and density as well as increased open spaces and amenities
that could not be fiscally or physically achieved otherwise through an R-3 zoning development. It
is a known fact and economic reality that successful "Downtowns" require higher density
residential developments in close proximity of the "Core". This project not only provides close
proximity for employment purposes, but also higher levels of patron use of Downtown shops,
services and restaurants while reducing traffic impacts. This development embodies these
Comprehensive Land Use goals and further helps to relieve development pressures farther from the
Downtown core that should be retained in a more rural setting/feel.
J. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE AND
DEVELOPMENT AGREEMENT:
This Mixed Use designation will provide the needed dimensional flexibility for our planned
Neighborhood. Greater dimensional flexibility and clustering will afford added open space and
amenities within the project above and beyond those otherwise required with an R-3 zoned
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development. In conjunction, we are requesting a Development Agreement in lieu of a PUD
Application. The Development Agreement will ensure that the project is completed in substantial
conformance of these Applications as well as the forthcoming Preliminary Plat with a maximum
density of 6 Units to the acre and minimum of 20% open space. Additionally, we are requesting a
Rezone of the property from Agricultural(A)to Mixed Use(MU).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Central sewer is available to this site through Eagle Sewer District and water will be supplied by
Eagle Water Company. Fire and emergency medical service will be available from the Eagle Fire
District. The site accesses onto Edgewood Lane, a designated collector, and onto the new Hill
Road Extension. Hill Road, a designated minor arterial,ultimately connects to State Highway 55,
a principal arterial. Police protection is provided by the City of Eagle through a contract with the
Ada County Sherriff's office.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
M. NON-CONFORMING USES:
Based upon the information available,the proposed rezone will not create any noncompliance with
any provisions of the Eagle City Code.
N. 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
O. LETTERS FROM THE PUBLIC: None received to date.
P. APPLICANT REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
The applicant has requested a comprehensive plan map amendment from Residential Three(up to
three units per acre)to Mixed Use.
Per Comprehensive Plan"Amendment Procedures"Item B:
Any person may petition the Planning and Zoning Commission for a plan amendment at any time.
The applicant shall submit a letter for a Comprehensive Plan amendment which will contain the
following:
1. Specific description of the change being requested.
2. Specific information on any property involved.
3. The condition or situation which warrants a change being made in the plan.
4. The public need for a benefit from such a change in the plan.
5. A statement that no other solutions to the problem presented by the current policy of the Plan
are possible or reasonable.
6. Proposed development for any land involved.
7. Any other data and information needed by the Planning and Zoning Commission in
evaluating the request.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The property is currently zoned A (Agriculture). The Comprehensive Plan Land Use Map
designates these sites as Residential Three.
Chapter 1 —Overview
1.1 City of Eagle Statement of Purpose
The purpose of the Eagle Comprehensive Plan is to develop a set of guidelines that the City
will use to promote the health, safety, and general welfare of the residents who live in the
City of Eagle and its Area of City Impact(AOI). To achieve that purpose,the City of Eagle
will strive:
A. To protect property rights and enhance property values.
C. To ensure that the economy of the City of Eagle and its AOI is protected and enhanced.
F. To avoid undue concentration of population and overcrowding of land.
G. To ensure that the development of land is commensurate with the physical
characteristics of the land.
Table 1.1 Distribution of Uses
Land Use % of total
Commercial 4%
Mixed Use 7%
Mixed Use Village 5%
Business/Tech 3%
Industrial 1%
Residential 75%
Parks/open space 5%
1.2.1 Idaho Code:
Understanding the constraints of the existing AOI,the City of Eagle began to look
at the requirements for establishing an expanded area of city impact. Under Idaho
Code §67- 6526(b), the following three factors are paramount in establishing an
area of city impact:
A. Trade Area: Trade area is the area that is needed to provide a city with an
economic base that supports the city. This economic base comprises not only
the city limits and the AOI but also includes the areas that surround a city and
bring people into the city for services. Historically,the City of Eagle has been
directly associated with a large trade area including properties extending north
into Gem County and west into eastern Canyon County. Further, ACHD
traffic counts and the existing transportation network support the claim of this
area being within the City of Eagle's economic trade area.
B. Geographic Boundaries: The Idaho Transportation Department (ITD) has
released plans to improve State Highway 16 from a two(2)lane roadway to at
least a nine (9) lane system(including right-of-way) in excess of one quarter
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(1/4) mile wide. This creates an enormous and significant landmark or
geographic boundary separating the properties east of State Highway 16 from
those on the western side. This new transportation corridor will be a
significant east-west barrier between Eagle and Star that will create an
impediment for pedestrians,bicyclists,youth and the elderly or anyone unable
to use motorized transportation. In addition,it is unlikely that property owners
east of the new highway corridor will feel identified with a city center that is
entirely cut off to the west. (See Map 1.1) Historically in Ada County, state
highways have been used as area of impact boundaries. For example, State
Highway 44 forms portions of the respective common boundaries between
Boise and Garden City. State Highway 55 forms portions of the respective
common boundaries between Meridian and Boise as well as Boise and Eagle.
State Highway 20/26 forms a boundary between Meridian and Eagle.
C. Annexation in the Future: At the time of this planning effort,the City of Eagle
had received numerous requests for annexation from properties reaching to the
State Highway 16 corridor and north into the Eagle Foothills. If these
applications are approved, Eagle's city limits would be bordered to the West
by State Highway 16, to the South by State Highway 20/26 and to the North
into Boise and Gem County substantiating the City's ability to annex
throughout this area.
1.3 The City of Eagle Vision Statement
In 1999,City of Eagle citizens envisioned their future town as a well-planned community
that encourages diversified living and housing opportunities,fosters economic vitality that
offers jobs for residents, and provides places for people to recreate and enjoy Eagle's
natural beauty.
We envision that in the future Eagle will be:
A. known as a highly livable town that successfully balances growth with many of the
rural elements of its heritage;
B. interconnected with user-friendly pathways and roadways;
C. economically strong with a distinct downtown economic center;
D. providing diversified employment and housing opportunities for all economic groups;
E. an environmentally aware community with distinctive open space, parks and outdoor
recreation;
F. an economically strong city,that fosters local businesses and clean industry;
G. a unique community that maintains its rural residential feel in the midst of the Treasure
Valley.
Similarly as in 1999,the 2004 Soaring 2025 plan,and the Foothills Plan:the City of Eagle
outlined an extensive public visioning process to guide the plan. The visioning sessions
discussed potential growth areas and goals to guide the long term development of the City.
From these visioning sessions, the following four broad goals were identified for the
western AOI and the foothills:
A. Sustainability at build out: Ensure the ability for the city to continue to fund, improve
and support itself,including infrastructure and parks,without the use of building permit
fees,impact fees and zoning fees.
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B. Identify "Activity Centers": Identify areas that, due to the nature of existing uses,
future uses and/or transportation corridors, will lend themselves to increased activity
and non-residential use to preserve larger areas as primarily residential neighborhoods
and sensitive areas as open space.
C. Preserving Regional Transportation Corridors (State Highway 16 &44): Preserve the
function of regionally significant roadways through the City while ensuring
compatibility with land uses and design standards of the City.
D. Increased Employment Opportunities: Identify areas that will provide significant
employment opportunities to the residents of the City of Eagle thereby allowing the
City to be a desirable place to live,work,and recreate.
1.5 Relationship to the City of Eagle Zoning Ordinance
Idaho Code §67-6511 states that"zoning districts shall be in accordance with the adopted
plan." In general this means that zoning must be"in keeping" with a comprehensive plan
if one exists. Further, the Eagle City Zoning code requires consistency between the
comprehensive plan and affected zones at the time of rezoning. Additional zoning
classifications may be needed to ensure the accurate implementation of this sub-area plan.
1.6 Relationship to Ada County Planning
The goals and policies of this plan are intended to be applied within the Eagle City limits
and the negotiated Eagle Area of City Impact. The City acknowledges that the county may
not have all the tools and codes necessary to implement this plan and will,upon transmittal
and review, recommend to the county which county codes and appropriate conditions
should be implemented to best implement and meet the intent of the Eagle Comprehensive
Plan. It is the desire of the City of Eagle to have all urban development that occurs in the
Area of City Impact to be under the jurisdictional authority of the City and connected to
municipal services.
Chapter 2—Property Rights
2.4 Implementation Strategies
A. Land use development regulations should be designed to protect the health, safety and
welfare of the community,and to avoid any unnecessary conditions,delays and costs.
B. The protection and preservation of private property rights should be a strong
consideration in the development of land use policies and implementation standards
and regulations and as required by law.
C. The Comprehensive Plan and implementing ordinances should strive for stable and
consistent policies regarding development densities and requirements.
D. All changes in the comprehensive plan and land use entitlement should be reviewed in
compliance with this plan and the visioning plan for the western area. (Map 2.1)
Chapter 4—Schools,Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the public
and are generally available to Eagle residents. The City and special districts provide the
basic services of water, sewer, school, police, fire and library to residents. With Eagle's
growing population comes the need for increased public services and the necessity to
improve existing service delivery systems.
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Chapter 5—Economic Development
5.1 Background
The economic development component of the Comprehensive Plan presents a discussion
of the economics and employment in Eagle. The city encourages appropriate economic
development while retaining those attributes that give Eagle its special living and working
environment.
5.3 Economic Development Goals
A. Ensure the ability for the City to continue to fund,improve and support itself,including
infrastructure, without the use of building permit fees,impact fees and zoning fees.
B. Identify areas that will provide significant employment opportunities to the residents
of the City of Eagle thereby allowing the City to be a desirable place to live,work,and
recreate.
C. Identify areas that,due to the nature of existing uses,future uses and/or transportation
corridors,will lend themselves to increased business activity and nonresidential use so
as to preserve larger areas as primarily residential neighborhoods.
D. Increase available jobs within the City of Eagle to levels comparable with adjacent
communities.
Chapter 6—Land Use
6.1 Background
Managing growth and channeling it into orderly community development is the key
element of land use planning. Unplanned growth results in undesirable land use patterns.
Areas within the City and within the City's planning areas are given land use designations
which are depicted on the Comprehensive Plan Land Use Map, hereinafter referred to as
the"Land Use Map". (See Map 6.1 &6.2)
The Land Use Map is an integral part of the Comprehensive Plan. It serves as a planning
policy document and planning tool that will assist the City in sustaining responsible growth
and development to ensure that evolving land use patterns remain consistent with goals,
objectives and strategies of the Plan.
Land use designations as reflected on the Land Use Map are based on the existing land use
pattern, existing natural physical features such as the Boise River, Dry Creek and the
foothills, floodplain areas, capacity of existing community facilities,projected population
and economic growth, compatibility with other uses of the land, transportation systems,
and the needs of local citizens.
As a part of the review of the 2000 Comprehensive Plan,the City completed a land capacity
analysis of the economic sustainability of the existing AOI and future growth areas for the
City. This study found that the City of Eagle, though stable and united in its vision to
develop a city with a uniquely rural character,did wish to establish long term sustainability
for the City as it approached build out.
The 2007 Comprehensive Plan detailed the following uses for the incorporated City and
the AOI:
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Table 6.1 —Mixture of Land Uses
Mix of Uses (including Foothills)
•Commercial,
Mixed Use,
Business,&
Industrial
62%
•Residential
30%
o Parks/open
8% space
6.3 Land Use Designations
Development density shall be calculated by project. Unused density for undeveloped or
underdeveloped land adjacent to or within the same land use designation will not be
transferred or used to "balance" or "maximize" densities within an area. Clustering will
only be allowed as specified in the "Parks, Recreation, and Open Spaces" chapter of the
Comprehensive Plan.
For the purposes of this comprehensive plan,the density shall be defined as the ratio of the
total number of dwelling units within a project divided by the total project area. Should
that number be a fraction,it shall be rounded up to the nearest whole number,except where
the comprehensive plan details a fractional density, and then the density shall not exceed
the number described in the comprehensive plan.
The land use designations on the Comprehensive Plan Land Use Map, and as may be
referred to within the text of the Comprehensive Plan, are defined on the Land Use
Designation Matrix, Table 6-1, and Zoning Compatibility Matrix, Table 6-2, and are as
follows:
6.3.5 The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates
this site as the following:
Residential Three
Suitable primarily for single family residential development within an urbanized
setting. An allowable density of up to 3 units per 1 acre.
6.3.9 The applicant is proposing to rezone the site as the following:
Mixed Use
Suitable primarily for a variety of uses such a limited office, limited commercial,
and residential developments. Uses should complement uses within Downtown
Eagle. Development within this land use designation should be required to proceed
through the PUD and/or Development Agreement process, see specific planning
area text for a complete description. An allowable density of up to 10 units per 1
acre.
6.4 Land Use Goals
B. Ensure the ability for the city to continue to fund,improve and support itself(including
infrastructure) without the use of building permit fees,impact fees and zoning fees.
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C. Identify areas that, due to the nature of existing uses, anticipated uses, and/or
transportation corridors,will lend themselves to increased activity and non-residential
use while preserving larger areas as residential neighborhoods.
D. Preserve the function of regionally significant roadways transecting the City while
ensuring compatibility with land uses and design standards of the City.
6.6 Land Use Implementation Strategies
B. Establish land use patterns and zoning districts that do not exhaust available services
such as sewer, water, police, fire, recreational areas, highways and transportation
systems.
C. Provide for a broad spectrum of housing types including apartments, townhouses,
condominiums, single-family attached, manufactured homes, affordable and
subsidized housing an d large-acreage developments.
G. Locate higher-density residential development closest to Downtown Eagle and activity
centers as shown on the Comprehensive Plan Land Use Map.
K. Institute a PUD ordinance to facilitate and regulate cluster development.
S. Encourage a variety of housing through such mechanisms as PUD's in subdivisions
including large lot subdivisions.
V. Maintain a Future Land Use Map that encourages higher densities around activity
centers and transit routes but also provides for large residential areas that continue to
promote the rural character of the City of Eagle. (See Map 6.1 &6.2)
W. Use smaller planning areas to help guide development in the western planning area.
(See Map 6.3)
Y. Require design treatments to provide compatibility of new development with existing
development by considering such issues as building orientation, increased setbacks,
height limitations, size restrictions,design requirements,fencing,landscaping or other
methods as determined through the development review process.
Z. Subject to all commercial and subdivision development within the City to Design
Review.
6.8.13 Downtown Eagle Plan
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6.8.13 Downtown Eagle Planning Areas
S . iii -4- 1r,-;,,,,, sA .o�q„,;.'?l% w: +.. city of Eagle '�)�.
- °-„ 100./',y'gI , ; .- k. emu., 4'; 'S Downtown Planning Areas - "
±l�,r� *��,., . t, .a,..-.'>.G a;,fp,N.'« i* ..... S:-: �a G ®Four Comers
'+at :w °. Y
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6.8.13 Downtown Generalized Land Use Matrix-This matrix is to be used for lands not
located in a specific subarea. These areas are shown in green on the Downtown
Eagle Planning Area map.
Guide to Downtown Generalised (unspecified areas)
Land Use Mixture
R OIonMRa.
300.000+sort
A
�h� +�iccs�:N.Ada i
13+UM*Per acfe 11411.11001111114Y
4.5 Stories
afrnind
fu
30.000-150,0003ghtt c D # R.
8-12 Units per acre max
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el
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,a 1 N 1 '11004
c 1 y , a m z , R 1 li Son -MIS
1 , i 10,000-50.00OSe ft.tmpt
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2-3 Stores 1
1
ma hi{NI/had uses above represent the combined uses that are appropriate in areas NOT contained in a*Wile
sa bersa The partial indirion of a land ins indicates a limited potential or opportunity for that land use in the area
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Chapter 8—Transportation
8.2 Street Classifications
A roadway system must include a number of streets,each of which are designated to handle
a particular type and amount of traffic. The Community Planning Association
(COMPASS)Functional Street Classification Map illustrates the various classifications of
roadways that are included in the Ada County roadway system. The Eagle section of the
COMPASS Functional Street Classification Map and Regional Transportation Plan should
consider the City of Eagle Transportation/Pathway Network Maps#1 and#2.
• Minor arterials are similar to principal arterials but serve to carry through traffic by
connecting with and augmenting the principal arterial system. Minor arterials are
typically section line roads. On-street parking is prohibited.
• Collector streets intercept traffic from local streets and carry the traffic to the nearest
arterial street. Collector streets may extend for one or more miles and serve to
connect the developed areas within a section to the arterial roadway network.
Collectors may provide access to larger parcels or developments with high trip
generation. On-street parking is typically prohibited.
8.2.3 Minor Arterial
Mobility Function:
The primary function of a minor arterial is to carry through traffic by connecting
with and augmenting the principal arterial system. A minor arterial may serve
motorized and non-motorized transportation needs,be designed with the minimum
street section needed to accommodate projected traffic volume, and in
conformance with the Long Range Transportation of COMPASS. On-street
parking is prohibited.
Access Function:
Access from other roadways is less restrictive than principal arterials. Direct lot
access is restricted prohibited or severely restricted. Combined access points are
encouraged. The City's Access Management Plan should be the final
determination of any site access plan.
Right-of-Way:
As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway District.
8.2.4 Collectors
Mobility Function:
The primary function of a collector street is to intercept traffic from local streets
and carry the traffic to the nearest arterial street. A secondary function is to
service abutting property. The collector street may serve motorized and non-
motorized transportation needs, and be designed with the minimum street section
to accommodate the projected vehicle volume and in conformance with the
current Long Range Transportation Plan of COMPASS. On-street parking is
typically prohibited.
Access Function:
To provide limited and controlled access to commercial and industrial areas and
to residential neighborhoods. Direct lot access is typically restricted.The City's
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Access Management Plan should be the final determination of any site access
plan.
Right-of-Way
As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway District.
8.4 Goals
A. Roadway System Goals
1. Develop a transportation system to serve the planned land uses of the City of Eagle
and its Area of Impact. The transportation system should provide regional
connectivity to neighboring cities and regions.
2. Maintain the functional and connectivity of the street system for current users,
emergency response efforts,and for use by future generations.
3. Using sound land use and transportation relationships,develop alternate routes or
corridors for ACHD planners to evaluate that best emphasize the needs of
developing areas while lessening the potential for congestion. This is typically
implemented through the development review process.
4. Protect and buffer homes, businesses, sidewalks and pathways, parks and opens
spaces from the adverse impacts of roadways and traffic. Reasonable design
measures should include narrower street sections, medians, alleys, landscaping,
pathways and trails,and the design of bridges and other structures.
5. Develop an access management plan for the arterial, collector and local street
system. Communicate the access management plan to the ITD,the ACHD and the
local development community.
10. Protect and support the existing and planned roadway system connecting the City
of Eagle to the area south of the Boise River. Protect the operational integrity of
the existing river crossings at Eagle Road and Linder Road. Support the current
regional plans to develop two new river crossings in the SH-55 and SH-16
alignments.
12. Protect community identity and values of important roads from unnecessary
expansion by adopting specific designs and cross sections for these roads(ie:North
Eagle Road).
C. Pathway System Goals
1. Encourage the development of a local and regional pathway system. The design
of the pathway system should be coordinated with other elements of the City's
Comprehensive Plan. The pathway system is to provide basic mobility for some
and a non-drive alone mode for everyone.
2. Work regionally to integrate the pathway system with the ongoing planning and
design efforts for the SH-44, SH-16, SH-55 and US 20-26 corridors.
3. Support the concept and goals of demand management strategies, such as
telecommuting, ride-sharing, park-and-ride facilities, etc. to reduce overall travel
demand.
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8.5 Objectives
A. Encourage completion of the existing street system and creation of new links, within
reasonable constraints, as the transportation system develops.
B. Encourage the preservation of right-of-way for future grade-separated intersections
where appropriate within the SH-44, SH-55,US 20-26 and SH-16 corridors.
C. Maintain a land use decision-making process that is supportive of the operational
characteristics identified in the most recent Regional Transportation Plan for Ada
County of record, and which is'protective of living environments along streets.
Balance the regional need for connectivity with the local needs of accessibility.
D. Ensure that corridor planning,roadway route selection and other transportation system
development consider the impact on the development potential of adjacent and under-
developed lands.
E. Promote land use policies that limit access as necessary to maintain safe and efficient
operation of the existing street system while allowing reasonable access to individual
development parcels.
F. Maintain safe and comfortable neighborhoods by minimizing speeding and cut-
through traffic while avoiding cul-de-sac streets that isolate individual neighborhoods.
G. Coordinate with the Community Planning Association (COMPASS), Ada County
Highway District (ACHD), Valley Regional Transit (VRT), and the Idaho
Transportation Department(ITD)to ensure consistency between transportation system
improvements and the land use plans and decisions of the City of Eagle and
surrounding city and county governments.
8.6 Implementation Strategies
8.6.1 Roadway Strategies
A. Work in conjunction with the Ada County Highway District (ACHD), Idaho
Transportation Department (ITD), and Community Planning Association
(COMPASS) to classify roadways on the City of Eagle
Transportation/Pathway Network Maps #1, #2, #3 incorporated into this
Comprehensive Plan by reference. The Maps are to assure conformity to
designations as delineated on the Land Use Map. The maps shall be provided
to the Community Planning Association for input into the Community
Planning Association's Functional Street Classification Map and Regional
Transportation Plan.
C. The most recently adopted Regional Transportation Plan for Ada County of
record is adopted by reference as part of the City of Eagle Comprehensive
Plan.
F. Integrate all modes of travel to reduce travel and support air quality
improvement measures.
G. Encourage roadway design standards and roadway classifications that are
consistent with the Idaho Transportation Department (ITD), Ada County
Highway District (ACHD), Community Planning Association COMPASS,
and other agencies that may be responsible for roadway planning and design.
I. Evaluate the impact to the City of all roadway improvements and roadway
extensions.
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K. Work regionally to integrate the pathway system with the ongoing planning
and design efforts for the SH-44, SH-16, SH-55 and US 20-26 corridors
8.6.2 Specific Design Strategies
A. Encourage sidewalks that are separated from the curb on all streets,except for
areas where Eagle City Code requires sidewalks to abut the curb and where
existing buildings, inordinate environmental impacts, or other impacts make
setting the sidewalk back infeasible. Meandering sidewalks should be required
if permitted under the Americans with Disabilities Act(ADA)and where space
permits. A planter strip of sufficient width for street trees between the
sidewalk and roadway should be required. Where adequate facilities exist,
efforts should be made to provide a canopy effect over the roadways. The type
of street trees used should be those that have root systems that have proven to
not cause sidewalk or curb damage when in close proximity to such
improvements. Root barriers should be required.
C. Support the access restriction policies of the Ada County Highway District and
the Idaho Transportation Department at a minimum. The access restrictions
shall be based upon the most stringent future use of the roadway. Temporary
accesses may be considered in areas with a developing regional roadway
network.
D. Limit access to all arterial streets.
E. Discourage direct lot access to parcels abutting arterial and collector streets.
G. Develop methods, such as cross-access agreements, frontage and backage
roads,to reduce the number of existing access points onto arterial streets.
J. Encourage planning of local roadway systems that will provide for intra-
neighborhood connectivity. The connecting roadways should be designed to
not become collectors and to discourage traffic from cutting through
neighborhoods to go from a collector or arterial to another collector or arterial.
Such intra-neighborhood connectivity is for emergency and delivery vehicles
and for local intra-neighborhood access.
L. Work with Ada County Highway District,local developers and neighborhoods
in the operation of a local traffic-calming policy that balances the needs of the
roadway,the drivers,pedestrians,bicyclists,and the traveling public.
8.6.4 Pathway Strategies
A. Encourage new development to provide for pedestrian,equestrian,and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway
Network Maps #1, #2, #3, adopted local and regional pathway plans, as may
be needed for intra-neighborhood connectivity and to ensure that bike and
pedestrian traffic is not unnecessarily pushed out onto arterials and collectors.
B. Encourage the provision of equestrian, pedestrian and bicycle safety and
comfort with enhanced pedestrian crossings of the State Highways (Highway
44 and Highway 55). Pedestrian/bicycle overpass or underpass crossings
should be considered. Also, at grade intersection enhancements, such as
landscaping, crosswalk pavers and signage, for pedestrian/bicycle safety and
comfort, should be considered.
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8.6.5 Land Use and Parking Strategies
E. Establish and require minimum setbacks between developments and roadways
and to encourage installation of berms and landscaping for all developments
to enhance safety, provide noise attenuation and to enrich the roadway or
community appearance. Special considerations may be required for Foothills
developments.
F. Establish a system to review the cumulative effect of the impacts to the
transportation system from development.
G. When reviewing land use amendments, zone changes, master plans,
conditional uses and other significant entitlement requests, take into
consideration the impact of the project on street levels of service. The City's
preferred standards shall be those identified for new streets in ACHD's
Development Policy manual, or its successor. Service level impacts shall be
minimized through project modifications, traffic management plans, street
improvement plans or other means.
K. All new developments shall be reviewed for appropriate opportunities to
connect to local roads and collectors in adjacent developments.
L. New developments shall be required to stub access to adjacent underdeveloped
parcels,where appropriate.
Chapter 9—Parks,Recreation and Open Spaces
9.3 Future Conditions
As the City of Eagle grows, new parks and facilities will be needed to meet the recreation
needs of the community. There will be a demand for more parkland including pathways,
practice fields and ball fields as well as a skateboard park. The completion of Reid Merrill
Sr. Park, Ada County Sports Park and the new entrance to Eagle Island State Park may
meet current needs. Land acquisition for future park sites and pathways is vital in order to
develop land for pathways and neighborhood parks. There will also be a need for indoor
facilities and recreation programs. One cost effective method available to the City is to
pursue joint venture development and use opportunities with the school district. The City
of Eagle values its river, creeks, canals, and foothills. Opportunities for the City include
maintaining drainage and canal corridors and rights-of-way to establish a pathway system.
New development projects will provide for pathway circulation in accordance with adopted
local and regional pathway plans. A Pathways Committee would review development
proposals to ensure pathways continuity. Maintaining these corridors will add community
identity and ensure the quality of recreation in Eagle. These areas are the habitat of a
variety of species (e.g., fish, eagle, etc.) and play an important role in the community's
ecology.
9.4 Parks
9.4.1 Goal
A. To create ample areas and facilities for our residents' diverse indoor and
outdoor park and recreational interests.
9.4.2 Objectives
A. To develop parks and recreational programs which meet the different needs,
interests, and age levels of our residents in both the rural and urban areas.
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B. To plan and design parks for sustainability and conservation of natural
resources.
C. To provide a system of neighborhood parks where safe and convenient access
is available to residents.
D. Provide a system of interconnected parks, trails and open spaces throughout
the City.
E. To dedicate and develop areas for parks in new residential developments.
9.4.3 Policies
A. Acquire land for future parks in neighborhood and community settings at a
rate that meets or exceeds the national standards.
B. Seek innovative funding sources for acquisition, planning, design,
construction, and maintenance of parks.
C. Ensure all City parks are managed and maintained in a cost effective manner
for the enjoyment of the public.
9.4.4 Implementation Strategies
A. Develop policy to preserve, in perpetuity,established parks and land acquired
for parks.
E. Aggressively explore public/private or intergovernmental agreements to assist
in park acquisition,development, and recreational opportunities.
G. Create an ordinance that requires developers to dedicate and establish parks in
new developments.
9.5 Pathways and Greenbelts
Pathways are non motorized multi-use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas(i.e.the Boise
River and Dry Creek) and are designed to prevent undesirable encroachment. Greenbelts
may include pathways and/or bike lanes.
9.5.1 Goal
A. To create a pathway system that provides interconnectivity of schools,
neighborhoods,public buildings,businesses, and parks and special sites.
9.5.2 Objectives
A. To create a pathway system that reflects desire to have a pedestrian and bicycle
friendly community.
B. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
E. Require all development to provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
J. Identify connections between trail sections and existing and future parks and
open spaces.
O. Provide separate and safe pathway crossings for Highways 55 and 44 at key
pathway intersections.
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9.5.3 Implementation Strategies
A. Create ordinances that require developments to provide improved pathway
systems with links to adjoining pathway systems,parks,and open spaces.
9.6 Open Space
Open space is land which is not used for buildings or structures and offers opportunities
for parks,recreation,water amenities,greenbelts,river trails and pathways,tourism,leisure
activities, viewpoints,and wildlife habitat.
9.6.1 Goal
A. To provide wherever possible open space and natural features such as natural
river frontage, greenbelts, river trails and pathways, creeks, flood plains and
flood ways, drainage ways and canals, development buffers, wooded areas,
grasslands,foothills, and viewpoints for public use and enjoyment.
9.6.2 Objectives
A. To establish open space to protect the finite resource base of Eagle's natural
environment - air, ground water, surface water, soil, forested areas,plant and
wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and
wetlands.
B. To provide an open space setting for active and passive recreation for all age
groups throughout the community.
9.6.3 Policies
A. To encourage cluster development within the City limits so as to retain open
space in perpetuity. Cluster developments located outside the City limits but
within the Impact Area shall be prohibited.
B. To encourage the City to develop working relationships with other
agencies/entities to establish and protect open space.
9.6.4 Implementation Strategies
A. Require developers to utilize open space for above-ground,on-site storm water
management(i.e., grassy swales,constructed wetlands, and water features).
B. Explore public/private or intergovernmental agreements to set aside and
protect open space (i.e., land trusts, conservation easements, and
memorandums of understanding).
C. Create an ordinance that requires developers to include set asides for open
space.
D. Establish guidelines for open space set asides.
E. Develop a comprehensive beautification plan that includes but is not limited
to open space such as road rights-of-way, abandoned road segments,and City
entryways.
F. Develop a storm water management plan to include utilization of onsite open
space for storm water management features.
G. Create an ordinance that requires developers to dedicate and establish open
space/parks in new developments. Encourage developers to identify and
preserve wildlife mitigation corridors.
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Chapter 10—Housing
10.1 Background
The Eagle area is transitioning from primarily agricultural land uses to residential and
commercial land uses. Eagle's quiet charm and agricultural roots have made the
community a mecca for those seeking larger lots for open space and gentleman farming.
Over the last years much of the agricultural land has been divided into a variety of parcel
sizes which are highly sought after by many urban residents.Density options that reconcile
quality of life and costs of services issues must be balanced and will require compromise
by all parties.
10.2 Goal
A. Encourage a variety of housing so that all residents can choose sound, affordable
homes that meet individual needs.
10.3 Implementation Strategies
A. Encourage a wide diversity of housing types and choice between ownership and rental
dwelling units so that adequate,affordable housing is available for all income groups.
B. Coordinate the location of all housing with the ability to be served by adequate public
facilities and services.
Chapter 12—Community Design
12.1 Vision
Over the next 20 years,the City of Eagle is forecasted to experience high growth rates that
without proper management and planning will impact the quality of life and housing
options available to its residents. Rather than ignore the growth pressures that are currently
shaping most Treasure Valley communities, the City of Eagle is looking at options that
will embrace housing alternatives and transit density but will also preserve the rural nature
of the City.
12.2 Goals
A. Protecting the City's character: Strive to create an aesthetically pleasing community
and protect the unique natural beauty and small town character of the City.
B. Maintaining a functioning City at build out: Ensure that the City can continue to fund,
improve and support itself, including its infrastructure and parks, at build-out when
building permit fees, impact fees and zoning fees are no longer available.
C. Preserving Regional Transportation Corridors (State Highway 55, 20/26, 16 & 44):
Preserve the function of regionally significant roadways through the City while
ensuring compatibility with land uses and design standards of the City.
D. Identifying"Activity Centers": Identify areas that, due to the nature of existing uses,
future uses and/or transportation corridors, will lend themselves to increased activity
and non-residential use and will therefore allow the City to preserve larger areas as
primarily residential neighborhoods.
12.3 Objectives
A. Enhance the appearance of the City's entry corridors. Design review procedures
should guide future development and redevelopment of existing uses. Depending on
land uses and buildings, more extensive landscaping and fewer points of access may
be required. The design review process will enable the City to address the special
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features of each property and facility in a manner that will best address the overall
intent of enhancing Eagle's entryways. Eagle's entrance corridors may take on the
look of landscaped berms like those built adjacent to the Banbury and Lexington Hills
Subdivisions.
C. Provide residents of the City of Eagle and the Area of City impact with opportunities
to seek housing in a neighborhood of their choice.
D. Create a clearly identifiable community.
12.4 Implementation Strategies
A. Establish and maintain development patterns and design criteria in keeping with the
rural transitional identity of Eagle.
B. Include in the City Design Review Ordinance criteria for building design,landscaping,
signage and other aesthetic standards. Development along State Street within the
Impact Area and outside the City limits shall be encouraged to comply with the Design
Review Ordinance.
J. Require new residential, commercial, and industrial development to meet minimum
design standards as specified by City Ordinances.
L. Develop buffer and transition zones between conflicting types of land use.
Q. Encourage the development of pathways and open-space corridors throughout the City.
V. Maintain the rural residential character and open space environment n and around the
City.
HH. Provide a variety of housing opportunities ranging from large lot residential to multi-
family apartment uses.
II. State Highway 44,State Highway 55,State Highway 20/26,State Highway 16 and the
proposed east west collector are designed as scenic corridors requiring landscaped
setback and separated meanderings sidewalks, modified standards may be necessary
within the Eagle Foothills.
Illustration 12.1
if"v z'
�S� S
Berming along Eagle Road(State Highway 55)
KK. Recognize the following gateways:
5. State Highway 55 and the Boise County line.
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Chapter 13—Implementation
13.5 Comprehensive Plan Amendments
From time to time, changing conditions will result in the need for comprehensive plan
amendments.
The Land Use Planning Act provides for amendment to the Comprehensive Plan. The City
Council or any group or person may petition the City Planning and Zoning Commission
for a plan amendment at any time. On its own initiative, the City Planning and Zoning
Commission may originate an amendment to the Comprehensive Plan. However,the City
Planning and Zoning Commission may recommend amendments to the Comprehensive
Plan to the City Council not more frequently than every six (6) months; however text
amendments may be recommended at any time.
13.6 Goal
A. The Eagle Comprehensive Plan and related ordinances are working documents used
by citizens and City leaders to shape the future of Eagle.
13.7 Implementation Strategies
A. Update the zoning and subdivision ordinances to be in conformance with the adopted
Comprehensive Plan as required by state law.
B. Charge the Planning and Zoning Commission to be responsible to review the status of
the implementation actions and critique the relevance of the Comprehensive Plan,
including recommending any amendments to City Council on an as-needed basis.
C. Require any person applying for a Comprehensive Plan amendment to submit a
justification letter for the amendment which letter shall include the following:
1. A specific description of the change being requested.
2. Specific information on any property involved.
3. A description of the condition or situation which warrants a change being made in
the Plan.
4. A description of the public benefit(s) that would occur from such a change in the
Plan and an explanation of why the public would need any such benefit(s).
5. An explanation of why no other solutions to the condition or situation which
warrants a change in the Plan are possible or reasonable under the current policies
of the Plan.
6. A proposed development plan for any land involved if a specific development is
planned at the time the request for the amendment is being made.
7. An analysis showing the estimated impact that the proposed change is expected to
have on existing and planned infrastructure.
8. Any other data and information required by the City for the evaluation of the
request.
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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, Section, 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
R-3 35' 30' 25' 7.5' 20' 40% 10,000-square feet 75'
MU 35' 20' 30' 7.5' 20' 50% 5.000-square feet 50'
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code, Section 8-2A-7(J): Buffer Areas/Common Lots:
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
required buffer area width,plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
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A minimum of thirty five feet(35') 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: four
(4) shade trees, five(5)evergreen 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.
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 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development(PUD)so as to provide
an enhanced integration of open space and a variety of housing options,the following design criteria
shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title,except that a decrease in the minimum lot size may be
allowed if there is an "offsetting increase" of the same square footage in open space and a
favorable finding is made by the council that the smaller lots are appropriately integrated into
the overall design and that the building product type is compatible with the PUD and
surrounding area.
As an incentive to submit a PUD versus a standard subdivision,the initial starting point for
minimum open space,prior to any "offsetting increase" being added, shall be the area that is
equal to ten percent(10%)of the site. This allowance shall only be permitted under the
following criteria:
1. The total common area open space shall be equal to or greater than twenty percent(20%),
inclusive of the "offsetting increase" square footage.
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2. A favorable finding by the council must be obtained assuring that character, identity and
architectural and siting variation are incorporated into the development and that these
factors make up a substantial contribution to the objectives of the PUD.These design
elements are as follows:
a. Landscaping, streetscape,open spaces and plazas,use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points,use of existing physical features such as topography, view,
sun and wind orientation,circulation pattern,physical environment,variation in
building setbacks and building grouping(such as clustering); and
c. Design features, street sections,architectural styles,harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone
under section 8-2-4 of this title.
• Eagle City Code, Section, 8-6-6: Procedure for Approval of Planned Unit Development:
When the PUD also qualifies as a subdivision, the processing of the conditional use permit and
subdivision application' shall occur at the same time. The granting of a conditional use permit for
a PUD shall require a preapplication, the submission of a preliminary development plan and
approval by the council of a final development plan as specified within this title.
• 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.
J. Execution Of Development Agreement: The property owner shall have one year from the date
of approval by the city council for the mayor to execute the development agreement. If not
executed by the property owner within this time frame the development agreement approval
will be considered void unless an extension of time is approved by the city council. (Ord. 699,
5-28-2013)
C. DISCUSSION:
• The applicant is requesting a comprehensive plan map amendment to change the future land use
map designation from Residential Three to Mixed Use for an approximately 7.74-acre site located
at the SW corner of Edgewood Lane and the new Hill Road Extension (currently under
construction).Additionally,the applicant is requesting to rezone the property from A(Agricultural)
to MU-DA(Mixed Use with a development agreement in lieu of a PUD)to allow for a 50-lot(42-
buildable, 1-existing home, 7-common) single-family residential development. The applicant's
proposal is to use the Mixed Use designation to provide lot size and design flexibility for the
residential development.
• As noted above the applicant is requesting a MU-DA (Mixed Use with a development agreement
in lieu of a PUD). Pursuant to Eagle City Code Section 8-6-6, when the PUD also qualifies as a
subdivision,the processing of the conditional use permit and subdivision application shall occur at
the same time. A preliminary plat is part of the subdivision process which is a component of a
planned unit development as identified above. During the processing of a typical planned unit
development there are conditions placed on the preliminary plat based on Eagle City Code Title 8,
Zoning as well as Title 9,Land Subdivisions. Upon submittal of a preliminary plat for the subject
property it should be noted that the plat will be reviewed and conditions of approval recommended
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that are typical of a planned unit development. Also, as part of a preliminary plat approval the
Planning and Zoning Commission and City Council should make findings for a planned unit
development. A condition of development should be placed in the development agreement
identifying that the preliminary plat is a component of the planned unit development process.
During the review of a preliminary plat application the City should review and condition the
application as a planned unit development in regard to all applicable Titles of Eagle City Code.
Findings should be made as part of the approval of the preliminary plat for approval of a planned
unit development.
• 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 May 12,2015,justification letter provided by the applicant
states:
"While the City of Eagle Comprehensive Plan Land Use Map calls out this site to be Residential 3
(R-3), the argument can and should be made that existing property approvals and/or designations
allow for a heightened residential density development in this area and will provide for a more
appropriate transition between the existing R-4 subdivisions and future Mixed Uses as this
particular area of Eagle expands and the new Hill Road alignment project is completed."
• 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 May 12, 2015,
justification letter provided by the applicant states:
"This particular development will be wholly funded by the Developer which includes all utilities,
infrastructure and open space as well as all parkways and common lots. All common lots will be
owned and maintained by the HOA at no cost or burden to the public while providing much needed
pedestrian connections in this area and used by all. Through these critical pedestrian connections
and precedence for the now major intersection connecting Highway 55, surrounding parks,
surrounding neighborhoods, and ultimately downtown Eagle, all will benefit. Multiple pathway
options are proposed that will provide desirable alternatives to the soon-to-be busy roadways as a
result of the Hill Road alignment and continued growth of Eagle."
• 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 May 12,2015,justification letter provided by the applicant states:
"It is a known fact and economic reality that successful "Downtowns" require higher density
residential developments in close proximity of the "Core". This project not only provides close
proximity for employment purposes, but also higher levels of patron use of Downtown shops,
services and restaurants while reducing traffic impacts. This development embodies these
Comprehensive Land Use goals and further helps to relieve development pressures farther from the
Downtown core that should be retained in a more rural setting/feel."
• Staff is in agreement that the Hill Road extension and the 2011 Downtown Plan have provided a
significant change in the area to warrant an increase in the density of the site. Further,the existing
land uses to the east and south are designated within the Comprehensive Plan as Residential Four
while this property is designated as Residential Three. The density on the site should be limited to
4-8 units per acre maximum as shown in the Downtown Eagle Sub-area plan for uses with and
adjacent to the "generalized(unspecified) Downtown areas. A development agreement should be
used to limit the allowed uses in the area to residential as well.
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• 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-03-15). The applicant has included a conceptual plan for inclusion
into the development agreement for the property.
• The Setback Zones map, date stamped by the City on June 9, 2015, delineates five (5) setback
zones located within the proposed development. The applicant provided correspondence, date
stamped by the City on June 9, 2015, identifying the setbacks within the five (5) zones. The
proposed setbacks based on the setback zones (as shown on the Setback Zone map) identifies the
following setbacks:
SB-1 Front 15-feet Living/20-feet to garage or back of walk (whichever is
greater)
Rear 15-feet
Side 3-feet
Street Side 10-feet
SB-2 Front 15-feet
Rear 0-feet
Side 3-feet
Street Side 10-feet
SB-3 Front 5-feet
Rear 0-feet
Side 3-feet
Street Side 10-feet
SB-4 Front 5-feet(Access from Private Drive)
Rear 15-feet
Side 3-feet
SB-5 Front 30-feet
Rear 15-feet
Side 15-feet
Street Side 15-feet
The applicant has indicated that the alley loaded product will require a minimum of 72.5% lot
coverage and the remaining lots will require a minimum of 60% maximum lot coverage with the
exception of the lot containing the existing home which will have a maximum lot coverage of 35%.
The applicant is requesting a front setback of fifteen-feet (15') in width for the living area and
twenty feet(20') in width to garage or back of walk(whichever is greater).Pursuant to Eagle City
Code, Section 8-2-3, setbacks are measured from the property line. Staff will recommend that the
front setback be measured from the property line and is proposing a front setback(measured from
the property line) to allow for a distance of twenty feet(20') in width between the garage and the
back of sidewalk.
The applicant is requesting a rear setback of zero feet in sections SB-2 and SB-3, as identified on
the Setback Zone map,date stamped by the City on June 9, 2015.The homes within these two(2)
areas are proposed to be alley loaded.The applicant will be proposing a public alley and as proposed
the structures will be constructed up to the edge of the alley. A driver of a vehicle backing into the
alley area will not be able to ascertain if the alley is clear until the driver's area of the vehicle has
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cleared the garage. Also, if the buildings are located adjacent to the edge of the alley there is no
area for the placement of trash receptacles on days that sanitation services collects trash. A
minimum rear setback of ten-feet(10') should be required for backing safety and trash receptacle
placement.
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:
SB-1 Front 15-feet Living/30-feet Garage
Rear 15-feet
Side 3-feet(Up to two-stories)
Street Side 10-feet
Maximum Lot Coverage 60%
SB-2 Front 15-feet
Rear 10-feet
Side 3-feet(Up to two-stories)
Street Side 10-feet
Maximum Lot Coverage 75%
SB-3 Front 5-feet
Rear 10-feet
Side 3-feet(Up to two-stories)
Street Side 10-feet
Maximum Lot Coverage 75%
SB-4 Front 5-feet(Access from Private Drive)
Rear 15-feet
Side 3-feet(Up to two-stories)
Maximum Lot Coverage 60%
SB-5 Front 30-feet
Rear 15-feet
Side 15-feet (Additional 5-feet/story)
Street Side 15-feet
Maximum lot coverage 35%
• The subject property is bordered on the north by the Hill Road(minor arterial)extension(currently
under construction) and on the east by North Edgewood Lane (collector). Pursuant to Eagle City
Code Section 8-2A-7(J)(4)(a and b) a minimum thirty-five (35') wide buffer area (not including
right-of-way)is required adjacent to a collector and fifty foot(50')wide buffer area(not including
right-of-way is required adjacent to a minor arterial. The buffer areas are to include a minimum
five-foot (5') high berm, decorative block wall, cultured stone, decorative rock, or similarly
designed concrete wall, or combination thereof is required adjacent to collectors. The required
buffer area is to be located within a common lot. The applicant should submit a design review
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application showing the required fifty foot (50') wide buffer area located within a common lot
adjacent to East Hill Road and a thirty-five foot (35') wide buffer arear located within a common
lot located adjacent to North Edgewood Lane. The design review application should be reviewed
and approved by the Design Review Board prior to submittal of a final plat application.
• Although the applicant has not submitted a preliminary plat application to date, it should be noted
that upon approval of the Concept Plan a preliminary plat application will reflect the lot
configuration identified on the Concept Plan. The Concept Plan,date stamped by the City on June
10, 2015, shows three (3) separate locations where more than two (2) residential lots take access
from a single driveway.These areas are also identified on the Setback Zones map,date stamped by
the City on June 9, 2015, as SB-4. Pursuant to Eagle City Code Section 9-3-2-1(J), driveways
providing access to no more than two (2) dwelling units shall be allowed within any subdivision.
The applicant should be required to provide a revised concept plan showing that no more than two
(2)dwelling units take access from a single driveway for inclusion into the development agreement
as an exhibit prior to approval of an ordinance to rezone the property.
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 with
development agreement.
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 June 15,
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 proposed density of the project is too high for the area.
• Question on how density of a project is calculated.
• The Comprehensive Plan map amendment of Mixed Use should not be approved.
• The design of the homes with an open patio area on the roof will allow the sound to travel to
adjacent properties.
• The proposed density may have a negative effect on the property values of the adjacent
properties.
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:
• The Comprehensive Plan map amendment should not be approved without the rezone with a
development agreement.
• Approving the rezone with a development agreement controls the style of development through a
contract.
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• A Comprehensive Plan designation of Downtown would provide the city with additional policies for
controlling density based on the text of the plan.
• The proposed design and density will provide a good transition to downtown.
• The proposed development will provide the community with a uniquely designed product.
• The Commission is supportive of the percentage and location of proposed open space areas.
• The Commission is supportive of allowing more than two (2) residential units to take access from a
single driveway.
COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN TEXT
AMENDMENT:
The Commission voted 5 to 0 to recommend approval of CPA-03-15 for the requested comprehensive plan
map amendment from Residential Three to Mixed Use for JLG-5, LLLP, 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 5.6-units per acre.
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 5 to 0 to recommend approval of RZ-06-15 for a rezone from A (Agricultural) to
MU-DA(Mixed Use with a development agreement in lieu of a PUD)for JLG-5,LLLP,with the following
staff recommended conditions of development to be placed within a development agreement with underline
text to be added by the Commission and strikethrough text to be deleted by the Commission:
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 43-units(5.6-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 A preliminary plat is a component of the planned unit development process. During the review of a
preliminary plat application the City shall review and condition the application as a planned unit
development in regard to all applicable Titles of Eagle City Code. Findings shall be made as part of
the approval of the preliminary plat for approval of a planned unit development.
3.5 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.
3.6 The conditions,covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately owned
landscaping,pressurized irrigation facilities,and amenities.The owner shall provide an operation
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and maintenance manual, for the pressurized irrigation facilities, including the funding
mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run
with the land and that the requirement cannot be modified and that the homeowners association
or other entity cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space to be open-style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or other similar decorative style
fencing. All other fencing (i.e. cedar fencing, vinyl, chain link) shall be prohibited. The
residential lot located adjacent to the commercial lots is permitted to have solid fencing located
adjacent to the west property line and not to encroach into the front yard.
(c) A requirement that in the event any of the CC&R's are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply.The CC&R's are subject to all rules,regulations,laws and ordinances of
all applicable government bodies. In the event a governmental rule,regulation, law or ordinance
would render a part of the CC&R's unlawful,then in such event that portion shall be deemed to
be amended to comply with the applicable rule,regulation, law or ordinance.
3.7 As provided by the applicant, the architecture as shown on Exhibit "D" shall be the required
architecture standard for the development. The applicant shall create an architectural control
committee(ACC) as a component of the development's CC&R's. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&R's.
The submittal of a building permit application to the City for all buildings within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permit applications that do not have an approval letter attached will not be accepted.
3.8 Owner shall submit a design review application showing the required fifty foot X50'`thirty-five foot
(35')wide buffer area located within a common lot adjacent to East Hill Road and the required thirty-
five (35') wide buffer area located within a common lot adjacent to North Edgewood Lane. The
design review application shall be reviewed and approved by the Design Review Board prior to
submittal of a final plat application.
3.9 The required setbacks shall be as follows(Exhibit E):
SB-1 Front 15-feet Living/30-feet Garage
Rear 15-feet
Side 3-feet(Up to two-stories)
Street Side 10-feet
Maximum Lot Coverage 60%
SB-2 Front 15-feet
Rear 10-feet
Side 3-feet(Up to two-stories)
Street Side 10-feet
Maximum Lot Coverage 75%
SB-3 Front 5-feet
Rear 10-feet
Side 3-feet(Up to two-stories)
Street Side 10-feet
Maximum Lot Coverage 75%
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SB-4 Front 5-feet(Access from Private Drive)
Rear 15-feet
Side 3-feet(Up to two-stories)
Maximum Lot Coverage 60%
SB-5 Front 30-feet
Rear 15-feet
Side 15-feet (Additional 5-feet/story)
Street Side 15-feet
Maximum lot coverage 35%
3.10 Except as otherwise provided in this Agreement or by applicable ordinances,development of the
Property shall comply with Eagle Comprehensive Plan and City Code in effect at the time this
Agreement is recorded.
3.11 Owner shall comply with Eagle City Code,Title 9,Land Subdivisions, regarding the type of streets
providing access to the future lots located within the development.
3.12 The existing home located at 103 South Edgewood Lane may continue the use of the existing well
and septic system,however,the Owner shall provide a stub-out for public water and sewer service
to the existing home prior to City Clerk signing any final plat.
. e . . . . - . . . . ., . . . - ..• . . _
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at the property in question at 6:00 PM, April 29, 2015, in
compliance with the application submittal requirement of Eagle City Code.The City of Eagle received
the application for this item on May 8, 2015.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67,Chapter 65, Idaho Code and the Eagle City
Code on May 25, 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 May 18, 2015. The site was posted in accordance with the
Eagle City Code on June 5, 2015. Requests for agencies' reviews were transmitted on May 11, 2015,
in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed comprehensive plan
amendment (CPA-03-15) 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 property is located within the Downtown Eagle Sub-Area, which allows for residential densities
of 4-8 units per acre and the proposed development will provide a good transition between the Mixed
Use are located north of the subject property and the downtown area.
4. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-06-15)
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:
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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 A (Agricultural) zone and land use to the north since the subject property is
separated from the property to the north by East Hill Road(collector)and the property to the north
may be developed with a similar use; 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 the proposed development will have a large common area and
two(2)residential lots located adjacent to the southern property line; and
e. The proposed MU-DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the PS (Public/Semipublic) zone and land use to the west since that area is
developed with a school; and
f. 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 east since the subject property is
separated from the property to the east by South Edgewood Lane(collector)and the property to the
east is developed with a residential subdivision; and
g. The land proposed for rezone is not located within a"Hazard Area"and"Special Area"as described
within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
5. The Commission reviewed the particular facts and circumstances of a Conditional Use Permit
(component of the PUD)in terms Eagle City Code Section 8-7-3-2,"General Standards For Conditional
Uses" and has concluded that:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City
Code Title 8)for the zoning district involved since residential uses require a conditional use permit
within a MU(Mixed Use)zone and upon submittal and approval of a preliminary plat findings will
be required for a conditional use permit and planned unit development;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);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; and
D. Will not be hazardous or disturbing to existing or future neighborhood uses; 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; 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; and
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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; and
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance.
DATED this 6th day of July, 2015.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
rent W g t,Chairman
fb QoRA74. , •Z
ATTEST: V4 .10•
See.•,�a
-IA/ .
Sharon K. Bergmann,Eagle City lerk ;; � •••�••••
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code,to request a
regulatory taking analysis
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