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Findings - CC - 2015 - CPA-03-15/RZ-03-15 - Cpa From R3 To Mu/From A To Mu-Da In Lieu Of Pud/43 Unit/7.74 Acre/BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR ) A COMPREHENSIVE PLAN MAP AMENDMENT ) FROM RESIDENTIAL THREE TO MIXED USE ) 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 -03 -15 The above - entitled comprehensive plan map amendment and rezone applications came before the Eagle City Council for their action on July 28, 2015, at which time public testimony was taken and the public hearing was closed. The Eagle 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: JLG -5, LLLP, represented by 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, 5.42 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. 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 July 13, 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 July 10, 2015. The site was posted in accordance with the Eagle City Code on July 16, 2015. Page 1 of 34 KA1PIanning Dept\Eagle ApplicationARZ&A\20I5UiZ -03 -15 & CPA -03 -15 Crawford ccf.docx 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. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. TOTAL ACREAGE OF SITE: 7.74 acres I. 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, Page 2 of 34 KAPlanning Depffagle Applicalions\RZ &A\2015\RZ-03 -15 & CPA -03 -15 Crawford ccf docx 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 I. 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, Page 2 of 34 KAPlanning Depffagle Applicalions\RZ &A\2015\RZ-03 -15 & CPA -03 -15 Crawford ccf docx 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 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. Page 3 of 34 KAPIanning DeptTagle ApplicationsUa&A\2015\RZ -03 -15 & CPA -03 -15 Crawford ccf.docx 6. Proposed development for any land involved. 7. Any other data and information needed by the Planning and Zoning Commission in evaluating the request. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The property is currently zoned 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 (AO1). 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 s ace 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. Page 4 of 34 KAPlanning Dept\Gagle ApplicationARZ&A\2015\RZ -03 -15 & CPA -03 -15 Crawford ccf.docx B. Geographic Boundaries: The Idaho Transportation Department (ITD) has released plans to improve State Highway 16 from a two (2) lane roadway to at least a nine (9) lane system (including right -of -way) in excess of one quarter (1/4) mile wide. This creates an enormous and significant landmark or geographic boundary separating the properties east of State Highway 16 from those on the western side. This new transportation corridor will be a significant east -west barrier between Eagle and Star that will create an impediment for pedestrians, bicyclists, youth and the elderly or anyone unable to use motorized transportation. In addition, it is unlikely that property owners east of the new highway corridor will feel identified with a city center that is entirely cut off to the west. (See Map 1.1) Historically in Ada County, state highways have been used as area of impact boundaries. For example, State Highway 44 forms portions of the respective common boundaries between Boise and Garden City. State Highway 55 forms portions of the respective common boundaries between Meridian and Boise as well as Boise and Eagle. State Highway 20/26 forms a boundary between Meridian and Eagle. C. Annexation in the Future: At the time of this planning effort, the City of Eagle had received numerous requests for annexation from properties reaching to the State Highway 16 corridor and north into the Eagle Foothills. If these applications are approved, Eagle's city limits would be bordered to the West by State Highway 16, to the South by State Highway 20/26 and to the North into Boise and Gem County substantiating the City's ability to annex throughout this area. 1.3 The City of Eagle Vision Statement In 1999, City of Eagle citizens envisioned their future town as a well - planned community that encourages diversified living and housing opportunities, fosters economic vitality that 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: Page 5 of 34 KAPlanning DeptTagle ApplicationARZ&AU015\RZ -03 -15 & CPA -03 -15 Crawford ccfdocx A. Sustainability at build out: Ensure the ability for the city to continue to fund, improve and support itself, including infrastructure and parks, without the use of building permit fees, impact fees and zoning fees. B. Identify "Activity Centers ": Identify areas that, due to the nature of existing uses, future uses and/or transportation corridors, will lend themselves to increased activity and non - residential use to preserve larger areas as primarily residential neighborhoods and sensitive areas as open space. C. Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve the function of regionally significant roadways through the City while ensuring compatibility with land uses and design standards of the City. D. Increased Employment Opportunities: Identify areas that will provide significant employment opportunities to the residents of the City of Eagle thereby allowing the City to be a desirable place to live, work, and recreate. 1.5 Relationship to the City of Eagle Zoning Ordinance Idaho Code §67 -6511 states that "zoning districts shall be in accordance with the adopted plan." In general this means that zoning must be "in keeping" with a comprehensive plan if one exists. Further, the Eagle City Zoning code requires consistency between the comprehensive plan and affected zones at the time of rezoning. Additional zoning classifications may be needed to ensure the accurate implementation of this sub -area plan. 1.6 Relationship to Ada County Planning The goals and policies of this plan are intended to be applied within the Eagle City limits and the negotiated Eagle Area of City Impact. The City acknowledges that the county may not have all the tools and codes necessary to implement this plan and will, upon transmittal and review, recommend to the county which county codes and appropriate 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 Page 6 of 34 KAPlanning DeptEagle ApplicationsURZ &A\2015\RZ -03 -15 & CPA -03 -15 Crawford ccf docx basic services of water, sewer, school, police, fire and library to residents. With Eagle's growing population comes the need for increased public services and the necessity to improve existing service delivery systems. Chapter 5 — Economic Development 5.1 Background The economic development component of the Comprehensive Plan presents a discussion of the economics and employment in Eagle. The city encourages appropriate economic development while retaining those attributes that give Eagle its special living and working environment. 5.3 Economic Development Goals A. Ensure the ability for the City to continue to fund, improve and support itself, including infrastructure, without the use of building permit fees, impact fees and zoning fees. B. Identify areas that will provide significant employment opportunities to the residents of the City of Eagle thereby allowing the City to be a desirable place to live, work, and recreate. C. Identify areas that, due to the nature of existing uses, future uses and/or transportation corridors, will lend themselves to increased business activity and nonresidential use so as to preserve larger areas as primarily residential neighborhoods. D. Increase available jobs within the City of Eagle to levels comparable with adjacent communities. 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: Page 7 of 34 KAPlanning DeptTagle ApplicationARZ &A \2015\RZ -03 -15 & CPA -03 -15 Crawford ccf.docx Table 6.1 — Mixture of Land Uses Mix of Uses (including Foothills) D Commercial, Mixed Use, Business, & Industrial 62% I ®Residential 30% Y E3 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. Page 8 of 34 KtPlanning DeptTagle Applications\RZ&A\2015UtZ4)A -15 & CPA -03 -15 Crawford ccfdocx C. Identify areas that, due to the nature of existing uses, anticipated uses, and/or transportation corridors, will lend themselves to increased activity and non - residential use while preserving larger areas as residential neighborhoods. D. Preserve the function of regionally significant roadways transecting the City while ensuring compatibility with land uses and design standards of the City. 6.6 Land Use Implementation Strategies B. Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, police, fire, recreational areas, highways and transportation systems. C. Provide for a broad spectrum of housing types including apartments, townhouses, condominiums, single - family attached, manufactured homes, affordable and subsidized housing and large- acreage developments. G. Locate higher- density residential development closest to Downtown Eagle and activity centers as shown on the Comprehensive Plan Land Use Map. K. Institute a PUD ordinance to facilitate and regulate cluster development. S. Encourage a variety of housing through such mechanisms as PUD's in subdivisions including large lot subdivisions. V. Maintain a Future Land Use Map that encourages higher densities around activity centers and transit routes but also provides for large residential areas 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 Page 9 of 34 KAPlanning DeptEagle Applications \RZ&A171115VtZ -03 -I5 & CPA -03 -15 Crawford ccf docx 6.8.13 Downtown Eagle Planning Areas 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. M, H c a, r-+ to -a J Guide to Downtown Generalized (unspecified areas) High Density Residential 13+ Units per acre MedlwWHigh DensilyResidenijal 8 -12 Units per acre max Land Use Mixture Regional Retail 300.000+ Sq ft Market Scale: N. Ada county General Commercial & Retail 30,000 - 150,000 Sq il.max High Density Employment 4 -5 stories Muted Devebpment/ 1 " — — — — — — — — — — — Neighborhood Employment I Retall & Services 3.4 Stories Medium Density 10,000- so.000Sgn max -j I Residential 1 - 1 4 -8 Units per acre max — — — — — — — — — — — — — — — — — — — — — — — — — — — — t 1 1 1 I Local 1 1 Low Density Su orbSo Low Density 1 Residential Up o 5.000 Sq�n Ue 2.33 Stores 1 1 34 Unitaperecre Niche Market 1 1----------------------------------------- The highlighted uses above represent the combined uses that are appropriate in areas NOT contained in a specific subarea. The partial inclusion of a land use indicates a limited potential or opportunity for that land use in the area. Page 10 of 34 KVIanning Dept\Eagle App1ications\RZ&A\2015\RZ in - ts & CPA -03 -15 Crawford ccf.docx 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 -Wav- 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. Page 11 of 34 KAPlanning Dept\Eagle ApplicationARZ &A\2015\RZ -03 -15 & CPA -03 -15 Crawford ccf.docx 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 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. Page 12 of 34 KAPlanning Dept\Eagle ApplicationARZ&A\2015\RZ -03 -15 & CPA -03 -15 Crawford ccf.docx 3. Support the concept and goals of demand management strategies, such as telecommuting, ride - sharing, park- and -ride facilities, etc. to reduce overall travel demand. 8.5 Objectives A. Encourage completion of the existing street system and creation of new links, within reasonable constraints, as the transportation system develops. B. Encourage the preservation of right -of -way for future grade- separated intersections where appropriate within the SH-44, SH -55, US 20 -26 and SH -16 corridors. C. Maintain a land use decision - making process that is supportive of the operational characteristics identified in the most recent Regional Transportation Plan for Ada County of record, and which is protective of living environments along streets. Balance the regional need for connectivity with the local needs of accessibility. D. Ensure that corridor planning, roadway route selection and other transportation system development consider the impact on the development potential of adjacent and under- developed lands. E. Promote land use policies that limit access as necessary to maintain safe and efficient operation of the existing street system while allowing reasonable access to individual development parcels. F. Maintain safe and comfortable neighborhoods by minimizing speeding and cut - through traffic while avoiding cul -de -sac streets that isolate individual neighborhoods. G. Coordinate with the Community Planning Association (COMPASS), Ada County Highway District (ACRD), Valley Regional Transit (VRT), and the Idaho Transportation Department (TTD) 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 (ACRD), Idaho Transportation Department (TTD), 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 (TTD), Ada County Page 13 of 34 KAPlanning Dept\Eagle ApplicationARZ&A\2015\RZ -03 -15 & CPA -03 -15 Crawford ccf.docx Highway District (ACHD), Community Planning Association COMPASS, and other agencies that may be responsible for roadway planning and design. I. Evaluate the impact to the City of all roadway improvements and roadway extensions. K. Work regionally to integrate the pathway system with the ongoing planning and design efforts for the SH -44, SH -16, SH -55 and US 20 -26 corridors 8.6.2 Specific Design Strategies A. Encourage sidewalks that are separated from the curb on all streets, except for areas where Eagle City Code requires sidewalks to abut the curb and where existing buildings, inordinate environmental impacts, or other impacts make setting the sidewalk back infeasible. Meandering sidewalks should be required if permitted under the Americans with Disabilities Act (ADA) and where space permits. A planter strip of sufficient width for street trees between the sidewalk and roadway should be required. Where adequate facilities exist, efforts should be made to provide a canopy effect over the roadways. The type of street trees used should be those that have root systems that have proven to not cause sidewalk or curb damage when in close proximity to such improvements. Root barriers should be required. C. Support the access restriction policies of the Ada County Highway District and the Idaho Transportation Department at a minimum. The access restrictions shall be based upon the most stringent future use of the roadway. Temporary accesses may be considered in areas with a developing regional roadway network. D. Limit access to all arterial streets. E. Discourage direct lot access to parcels abutting arterial and collector streets. G. Develop methods, such as cross - access agreements, frontage and backage roads, to reduce the number of existing access points onto arterial streets. J. Encourage planning of local roadway systems that will provide for intra- neighborhood connectivity. The connecting roadways should be designed to not become collectors and to discourage traffic from cutting through neighborhoods to go from a collector or arterial to another collector or arterial. Such intra- neighborhood connectivity is for emergency and delivery vehicles and for local intra- neighborhood access. 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 Page 14 of 34 KAPlanning DeptTagle ApplicationARZ&AMIRRZ -03 -15 & CPA -03 -15 Crawford ccf.docx should be considered. Also, at grade intersection enhancements, such as landscaping, crosswalk pavers and signage, for pedestrian/bicycle safety and comfort, should be considered. 8.6.5 Land Use and Parking Strategies E. Establish and require minimum setbacks between developments and roadways and to encourage installation of berms and landscaping for all developments to enhance safety, provide noise attenuation and to enrich the roadway or community appearance. Special considerations may be required for Foothills developments. F. Establish a system to review the cumulative effect of the impacts to the transportation system from development. G. When reviewing land use amendments, zone changes, master plans, conditional uses and other significant entitlement requests, take into consideration the impact of the project on street levels of service. The City's preferred standards shall be those identified for new streets in ACHD's Development Policy manual, or its successor. Service level 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. Page 15 of 34 KAPlanning DeptTagle Applications\RZ&A\20I5UtZ -03 -15 & CPA -03 -15 Crawford cctdocx 9.4.2 Objectives A. To develop parks and recreational programs which meet the different needs, interests, and age levels of our residents in both the rural and urban areas. B. To plan and design parks for sustainability and conservation of natural resources. C. To provide a system of neighborhood parks where safe and convenient access is available to residents. D. Provide a system of interconnected parks, trails and open spaces throughout the City. E. To dedicate and develop areas for parks in new residential developments. 9.4.3 Policies A. Acquire land for future parks in neighborhood and community settings at a rate that meets or exceeds the national standards. B. Seek innovative funding sources for acquisition, planning, design, construction, and maintenance of parks. 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. Page 16 of 34 KAPlanning DeptlEagle ApplicationARMA1201MRZ -03 -15 & CPA -03 -15 Crawford ccf.docz J. Identify connections between trail sections and existing and future parks and open spaces. O. Provide separate and safe pathway crossings for Highways 55 and 44 at key pathway intersections. 9.5.3 Implementation Strategies A. Create ordinances that require developments to provide improved pathway systems with links to adjoining pathway systems, parks, and open spaces. 9.6 Open Space Open space is land which is not used for buildings or structures and offers opportunities for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism, leisure activities, viewpoints, and wildlife habitat. 9.6.1 Goal A. To provide wherever possible open space and natural features such as natural river frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways, drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and viewpoints for public use and enjoyment. 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. Page 17 of 34 KAPlanning Dept\Eagle ApplicationARMAU01MRZ -03 -15 & CPA -03 -15 Crawford cctdocx F. Develop a storm water management plan to include utilization of onsite open space for storm water management features. G. Create an ordinance that requires developers to dedicate and establish open space /parks in new developments. Encourage developers to identify and preserve wildlife mitigation corridors. Chapter 10 — Housing 10.1 Background The Eagle area is transitioning from primarily agricultural land uses to residential and commercial land uses. Eagle's quiet charm and agricultural roots have made the community a mecca for those seeking larger lots for open space and gentleman farming. Over the last years much of the agricultural land has been divided into a variety of parcel sizes which are highly sought after by many urban residents. Density options that reconcile quality of life and costs of services issues must be balanced and will require compromise by all parties. 10.2 Goal A. Encourage a variety of housing so that all residents can choose sound, affordable homes that meet individual needs. 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. Page 18 of 34 KAPlanning Dept\Eagle Applications RZ&A\2015\RZ -03 -15 & CPA -03 -15 Crawford ccfdocx 12.3 Objectives A. Enhance the appearance of the City's entry corridors. Design review procedures should guide future development and redevelopment of existing uses. Depending on land uses and buildings, more extensive landscaping and fewer points of access may be required. The design review process will enable the City to address the special features of each property and facility in a manner that will best address the overall intent of enhancing Eagle's entryways. Eagle's entrance corridors may take on the look of landscaped berms like those built adjacent to the Banbury and Lexington Hills Subdivisions. C. Provide residents of the City of Eagle and the Area of City impact with opportunities to seek housing in a neighborhood of their choice. D. Create a clearly identifiable community. 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. 11. 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 Berming along Eagle Road (State Highway 55) Page 19 of 34 KAPlanning DeptTagle ApplicationARMAX2015\RZ 03 15 & CPA -03 -15 Crawford ccf.docx KK. Recognize the following gateways: 5. State Highway 55 and the Boise County line. Chapter 13 — Implementation 13.5 Comprehensive Plan Amendments From time to time, changing conditions will result in the need for comprehensive plan amendments. The Land Use Planning Act provides for amendment to the Comprehensive Plan. The City Council or any group or person may petition the City Planning and Zoning Commission for a plan amendment at any time. On its own initiative, the City Planning and Zoning Commission may originate an amendment to the Comprehensive Plan. However, the City Planning and Zoning Commission may recommend amendments to the Comprehensive Plan to the City Council not more 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. Page 20 of 34 KAPIanning DeptTagle ApplicationsURZ &A\201MRZ -03 -15 & CPA -03 -15 Crawford ccEdocx 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 20' 30' Side Side Lot (Acres Or Sq. Ft.) Width Covered 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: Page 21 of 34 KAPlanning DeptTagle ApplicationskRMAUMXRZ -03 -15 & CPA -03 -15 Crawford ccLdocx 20' 40% 10,000- square feet 75' MU 35' 20' 30' 7.5' 20' S0% 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: Page 21 of 34 KAPlanning DeptTagle ApplicationskRMAUMXRZ -03 -15 & CPA -03 -15 Crawford ccLdocx 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. Page 22 of 34 KAPlanning Dept\Eagle Applications\RZ &A\20I5XRZ -03 -15 & CPA -03 -15 Crawford cef docx 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 Page 23 of 34 KAPlanning DepttEagle ApplicationsWAAX20I5W -03 -15 a CPA -03 -15 Crawford ccf.docx 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 chanize 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. Page 24 of 34 KAPlanning Dept\Eagle ApplicationARZ&.A\2015\RZ -03 -15 & CPA -03 -15 Crawford ccf.docx • 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 Page 25 of 34 KAPlanning DeptTagle ApplicationARMAU01SRZ03 -15 & CPA -03 -15 Crawford ccf.docx 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 Page 26 of 34 KAPlanning Dept\Eagle ApplicationARMA20MR7-03 -15 & CPA -03 -15 Crawford ccfdocx 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 REGARDING THE REZONE WITH A DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD): 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. The applicant should work with ACHD regarding the possibility of installing a four (4) way stop signs at the intersection of East Hill Road and South Edgewood Lane. 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. Page 27 of 34 1UPlanning DeptEagle ApplicationARZ&A\2015\RZ -03 -15 & CPA -03 -15 Crawford ccEdocx • Approving the rezone with a development agreement controls the style of development through a contract. • 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 WITH A DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD): The Commission voted 5 to 0 to recommend approval of RZ -03 -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 staff recommended conditions of development to be placed within a development agreement as provided within their findings of fact and conclusions of law dated July 6, 2015. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on July 28, 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 this proposal was presented to the City Council by no one (other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the City Council by no one. COUNCIL DECISION REGARDING THE COMPREHENSIVE PLAN TEXT AMENDMENT: The Council voted 4 to 0 to approve CPA -03 -15 for the requested comprehensive plan map amendment from Residential Three to Mixed Use for JLG -5, LLLP. COUNCIL DECISION REGARDING THE REZONE WITH A DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD): The Council voted 4 to 0 to approve RZ -03 -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 Planning and Zoning Commission recommended conditions of development to be placed within a development agreement with strike through text to be deleted by the Council and 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 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. Page 28 of 34 KAPlanning Dept\Eagle ApplicationARZ &AX20I5kRZ -03 -15 & CPA -03 -15 Crawford ccfdocx 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 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. Page 29 of 34 KAPlanning Dept\Eagle ApplicationARZ &AU015\RZ -03 -15 & CPA -03 -15 Crawford cctdocx 3.8 Owner shall submit a design review application showing the required fifty feet (550'` 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 400 -feet Maximum Lot Coverage 75% SB -3 Front 5 -feet Rear 10 -feet Side 3 -feet (Up to two - stories) Street Side 4-00 -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% 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. 3.13 OwneF shall pr-evide a revised eeneept plan showing that no mer-e than two (2) dwelling aflits afe Page 30 of 34 KAPIanning Dept\Eagle ApplicationARZ&A\2015\RZ -03 -15 & CPA -03 -15 Crawford ccfdocx 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. 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 July 13, 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 July 10, 2015. The site was posted in accordance with the Eagle City Code on July 16, 2015. 3. The Council 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 an appropriate transition between the Mixed Use area located north of the subject property and the downtown area. 4. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ- 03 -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: 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 Page 31 of 34 KAPlanning DeptTagle ApplicationARZ&A\2015\RZ -03 -15 & CPA -03 -15 Crawford ccLdocx 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 Council reviewed the particular facts and circumstances of this proposed development agreement in lieu of a PUD, 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. The proposed time schedule for development of the site will be one (1) year since the applicant will develop the site in a single phase; and b. Provide documentation to show the applicant has sufficient control over the land, and the financial means, to initiate the proposed development within one (1) year after City Council approval. The applicant provided an affidavit of legal interest from the owner of the subject parcel. The applicant will be required to provide a warranty deed indicating they have control over the land prior to execution of the development agreement. The applicant has submitted a preliminary plat application for the subject property. Also, the applicant has developed or been involved with development of other subdivisions located in proximity to the subject parcel; and c. The proposed development is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community because; The intent of the future development of the property is to provide residential housing varieties which is a goal of the City of Eagle PUD ordinance. d. The development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area because; The development will be harmonious and appropriate in appearance with the existing school use located west of the proposed development and the residential subdivisions located on the adjacent properties to the east and south of the proposed development; e. The development will not be hazardous or disturbing to existing or future neighborhood uses because; The future development is proposed in a manner to be harmonious with the existing uses in the immediate vicinity because it is proposed as a single - family residential development and will be bordered on the eastern and northern boundaries by landscaped berms located adjacent to the existing collector roads; and f. The development does not involve uses, activities, processes, materials, equipment, and/or 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. The development is planned for residential similar to the character of the surrounding area, it is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work; and Page 32 of 34 KAPlanning DeptEagle ApplicationARZ &AU015\RZ -03 -15 & CPA -03 -15 Crawford ccfdocx g. The development 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 because; All central services are either available to the site or will be as conditioned herein, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets, and other urban services will be provided at the developer's expense; and h. The development will not create excessive additional requirements at public cost for public facilities and services because; All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the sewer, water or highway district. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses; and i. The development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non -PUD proposal because; The development plan was designed with consideration given to the adjacent properties and a buffer is being proposed to be located adjacent to East Hill Road and South Edgewood Lane; and j. The vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares because; Access to the development will be from East Hill Road and South Edgewood Lane which are designated as collectors on the 2035 Roadway Functional Classification map; and k. The development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance because; No natural, scenic, or historic features of major importance are known to exist on the site; and 1. The proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan because; The proposed development is in accordance with the Comprehensive Plan since the Plan calls for Mixed Use for the overall development and the development will only have residential uses; and m. The proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8 because; This application requests approval for a development agreement in lieu of a PUD as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the applicant will be required to submit an application for preliminary plat and design review and comply with all Eagle City Codes and conditions of approval of the preliminary plat and design review; and n. The benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations because; Residential is the only use approved for this development. Page 33 of 34 KAPlanning Dept\Eagle ApplicationARZ&A\2015UtZ-03 -15 & CPA -03 -15 Crawford ccf.docx DATED this 11' day of August 2015. CITY COUNCIL OF THE CITY OF EAGLE r r ATTEST: Pre S : d ,e r, 'F k Sharon K. Bergmann, Eagle City Clerk OF G� p�ep�q� SEAL OF IQAJ,. .- - -• Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis. Page 34 of 34 KAPlanning Dept\Eagle ApplicationARMAU015\RZ -03 -15 & CPA -03 -15 Crawford ccf.docx