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Findings - PZ - 2005 - CPA-01-15/A-01-15 & RZ-04-15 - Cp Txt Amendment For Rim View Planning Area/Map Amendment/Rut To Mu-DaBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A ) COMPREHENSIVE TEXT AND MAP AMENDMENT, ) FROM TRANSITIONAL RESIDENTIAL TO MIXED ) USE, AN ANNEXATION AND REZONE FROM RUT ) (RESIDENTIAL- URBANTRANSITIONAL) TO MU -DA ) (MIXED USE WITH A DEVELOPMENT AGREEMENT ) [IN LIEU OF ACONDITIONAL USE]) FOR LR5, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CPA- 01- 15/A -01 -15 & RZ -04 -15 The above - entitled comprehensive plan map and text amendment, annexation and rezone applications came before the Eagle Planning and Zoning Commission for their consideration on June 15, 2015. Staff requested the applications be continued to the July 20, 2015, meeting at which time the applicant and staff requested the applications be continued. The Commission continued the applications to the August 17, 2015, meeting at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. The Eagle Planning and Zoning Commission having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: LR5, LLC represented by Shawn Nickel with SLN Planning, is requesting a Comprehensive Plan Text Amendment to amend the density language for the "Rim View Planning Area ", and a Comprehensive Plan Map Amendment to change the future land use map designation from Transitional Residential to Mixed Use, and an annexation and rezone from RUT (Residential Urban Transition — Ada County Designation) to MU -DA (Mixed Use with a development agreement [[in lieu of a conditional use permit]]) to construct a 166 -unit apartment complex. The 11.13 -acre site is located approximately 1,300 -feet north of the intersection of Chinden Boulevard (SH- 20/26) and Linder Road at 6940 & 6910 North Linder Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at the Eagle Sewer District office, 44 N. Palmetto Ave., at 6:00 PM, January 28, 2015, in compliance with the application submittal requirement of the Eagle City Code. The City of Eagle received the application for this item on March 19, 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. Requests for agencies' reviews were transmitted on March 23, 2015, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with Eagle City Code on June 5, 2015. Page 1 of 38 KAPlanning DeptTagle ApplicationARZ &AMMA- 01 -15. RZ -0415 & CPA -01 -15 Linder Crossing pzf.docx D. HISTORY OF RELEVANT PREVIOUS ACTIONS: CPA- 01 -99: The 2000 Eagle Comprehensive Plan designated the area as Residential One (up to 1 unit per acre) and Estates Residential (up to 1 unit per 2 acres), similar to the Bunderson/Sandy Springs Subdivision to the north of the site that was developed under Ada County's jurisdiction. The site in questions was designated as Residential One. CPA- 02 -04: The Western Area Plan Comprehensive Plan began a significant shift in the uses and intensity within this area. The 2004 Comprehensive plan recognized the importance of the Linder Road bridge crossing and thus established a small 5 -acre commercial area with 5 -acres of professional office to provide a transition to the Estates Residential designation. The site in questions was designated as Transitional Residential with an overall density of 1 unit per acre. CPA- 05 -05: Requested to expand the commercial area from 5 -acres to 40 -acres at the NE corner of the Chinden and Linder Intersection. The proposal was for a big box development with undisclosed tenants. The application was withdrawn. CPA- 05 -08: Eisenberg Properties submitted an update version of the 2005 application with the main tenant being Fred Meyers. The application was approved changing the 40 -acres at the NE corner of the Chinden and Linder intersection to Mixed Use. All references to professional office were removed. The site in questions was designated as Transitional Residential with an overall density of 1 -2 units per acre. CPA- 07 -08: Wilson Properties submitted an application to convert the 86.9 -acre Foxtail Golf Course from Public /Semi- Public to Mixed Use to accommodate a mixed use development including commercial, office, multifamily and single family. The site in questions was designated as Transitional Residential with an overall density of up to 2 units per acre. CPA- 02 -14: Brighton Corp submitted an application to change the comprehensive plan land use map and text from Transitional Residential (up to 2 units per acre) to Mixed Use for a 27.85 acres site (including this property). The City approved a change to the sub area text to double the density in the area from 2 units per acre to 4 units per acre for the development of Gated Gardens Subdivision but denied the map amendment to Mixed Use and densities up to 20 units per acre. Please note: the site in questions was initially part of application # CPA -02 -14 but was withdrawn at the time of the City Council hearing because the applicant wanted up to 20 units per acre on the site. The City Council proceeded with the legislative change to the text of the subarea which included the property in question being changed from up to 2 units per acre to up to 4 units per acre. E. COMPANION APPLICATIONS: None Page 2 of 38 KAPlanning IkptTagle Applications\RZ &A\20MA- 0I -15, RZ-04 -15 & CPA -01 -15 Linder Crossing pzf docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. A. SITE DATA: Total Acreage of Site — 11.13 -acres Total Number of Units — 166 Single - family — 0 Duplex — 0 Multi - family —166 ADDITIONAL SITE DATA COMP PLAN ZONING LAND USE 14.9 - dwelling units per acre DESIGNATION DESIGNATION 3.26 -acres Existing Transitional RUT (Rural Urban Single family residential, Residential (up to 4 Transition — Ada contractor's storage, and units per acre) County) landscape business Proposed Mixed Use MU -DA (Mixed Use Up to 14.9 dwelling units per acre with a Development multi - family /apartments Agreement) North of site Transitional MU -DA (Mixed Use Housing for older person and Residential with a development townhomes (Gated Gardens agreement) Subdivision 3.21 units /acre) South of site Mixed Use C -3 -DA (Highway Eagle Island Market Place — Fred Business District with a Meyers and associated uses development agreement) East of site Transitional MU -DA (Mixed Use Housing for older person and Residential with a Development townhomes (Gated Gardens Agreement) Subdivision 3.21 units /acre) West of site Residential Two (up RUT (Rural Urban Single Family Residential to two units /acre) Transition — Ada (Almaden Acres Subdivision 1 County) unit/5acres) LDS Temple (under construction) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. A. SITE DATA: Total Acreage of Site — 11.13 -acres Total Number of Units — 166 Single - family — 0 Duplex — 0 Multi - family —166 ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 14.9 - dwelling units per acre Up to 4 -units per acre maximum* Total Acreage of Landscaped Area 3.26 -acres 1.67 -acres (minimum) Percent of Site as Landscaped Area 29.3% 15% (minimum) The Site is designated as "Transitional Residential" the text of the plan states the density in the area as up to 4 units /acre. The required density is based on the total maximum units allowed pursuant to the existing Comprehensive Plan Land Use designations. Page 3 of 38 KAPlanning DeptTagle ApplicationARZ&A \2015W-01 -15, RZ -0415 & CPA -0 l -15 Linder Crossing pzf.docx I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE DEVELOPMENT AGREEMENT MODIFICATION: See applicant's justification letter, date stamped by the City on April 1, 2015 (attached to the staff report). J. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: The site plan, date stamped by the City on March 30, 2015, shows a buffer area varying in size from 50 -feet to 75 -feet in width located adjacent to Linder Road to provide for a landscaped buffer area as required pursuant to Eagle City Code Section 8- 2A- 7(J)(4)(c). The concept plan also shows a proposed five -foot (5') wide detached sidewalk located adjacent to Linder Road. Open Space: The site plan, date stamped by the City on March 30, 2015, indicates the site contains 3.26 -acres (29.3 %) of open space. A minimum of 15% open space is required pursuant to Eagle City Code Section 8- 2A- 7(B)(1). Although the applicant is not proposing separate common lots for the required landscaped berm, clubhouse /pool, and areas surrounding the proposed units. . On -site Septic System (yes or no) — Yes — The site contains two (2) existing homes that are connected to separate septic systems. Preservation of Existing Natural Features: Eagle City Code Section 9 -3 -8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. The site has mature trees located adjacent to the existing structures located on -site. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Central sewer will be provided to the northern boundary of the site through the Gated Gardens Subdivision. The remaining properties are not in the Eagle Sewer District boundaries. The Eagle Sewer District has indicated that residential and non - residential uses could be accommodated on the site with the exception of "uses that will generate wastewater flows in excess of normal commercial use such as, but not limited to, hotels, fitness centers, laundromats, car washes, and assisted living or retirement centers." A request for annexation into the sewer district will be required before services can be extended. The proposed site is located in the United Water service area. Fire and emergency medical service will be available from the Meridian Rural Fire District. The site accesses N. Linder Road approximately 1300 -feet north of US Highway 20/26 (Chinden Boulevard). A residential collector is proposed to connect from Linder Road east through the Bodily - Bunderson property to the Reynard and Ashbury Subdivisions. Police protection is provided by Ada County through contract with the City of Eagle. L. PUBLIC USES PROPSED: None proposed M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists Page 4 of 38 KAIPlanning Dept\Eagle ApplicationARZ&AMMA- 0 1 -15. RZ -0415 & CPA -01 -15 Linder Crossing pzf.docx N. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern — no Evidence of Erosion — no Fish Habitat — no Floodplain — no Mature Trees — yes — located adjacent to the two (2) existing homes and accessory structures located on -site Riparian Vegetation — no Steep Slopes — no Stream/Creek — no Unique Animal Life — unknown Unique Plant Life — unknown Unstable Soils — no Wildlife Habitat — no O. NON - CONFORMING USES: Based upon the information available, the proposed comprehensive plan amendment will not create any noncompliance with any provisions of the Eagle City Code. P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached the staff report. Comments which appear to be of special concern are noted below: Ada County Highway District Idaho Department of Fish and Game Q. LETTERS FROM THE PUBLIC: R. APPLICANT REQUEST FOR COMPREHENSIVE PLAN MAP AND TEXT AMENDMENT: The applicant is requesting the City change the Future Land Use Map designation of the 11.13 -acre site from Transitional Residential (up to four units /acre) to Mixed Use (Multi - family up to 20 units /acre). The applicant is requesting to modify paragraph A.4, of Section 6.8.7 — Rim View Planning Area of the Comprehensive Plan as follows: .. .. WIN Residential Densities up to 20 units per acre ma) be allowed in the ,Mixed Use Area south of the new residential collector, abutting Linder Road and immediately north of the commercial center located at the NE corner of the Chinden Road and Linder Road intersection to facilitate residential development including patio style homes and multi-family development within this area. Additional non - residential uses shall be prohibited in this area. Pursuant to the Eagle Comprehensive Plan "Amendment Procedures" the applicant shall address the following items: Page 5 of 38 KAPIanning DeptTagle ApplicationARZ&AMMA- 01 -15. RZ -0415 & CPA -01 -15 Linder Crossing pzf do,x Any person may petition the Planning and Zoning Commission for a plan amendment at any time. The applicant shall submit a letter for a Comprehensive Plan amendment which will contain the following: 1. Specific description of the change being requested. 2. Specific information on any property involved. 3. The condition or situation which warrants a change being made in the plan. 4. The public need for a benefit from such a change in the plan. 5. A statement that no other solutions to the problem presented by the current policy of the Plan are possible or reasonable. 6. Proposed development for any land involved. 7. Any other data and information needed by the Planning and Zoning Commission in evaluating the request. STAFF ANALYSIS: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The property is currently zoned RUT (Rural Urban Transition up to 1 unit/5 acres - Ada County). The Comprehensive Plan Future Land Use Map designates the site as Transitional Residential up to four units per acre. Chapter 1 — Overview 1.1 City of Eagle Statement of Purpose The purpose of the Eagle Comprehensive Plan is to develop a set of guidelines that the City will use to promote the health, safety, and general welfare of the residents who live in the City of Eagle and its Area of City Impact (AOI). To achieve that purpose, the City of Eagle will strive: A. To protect property rights and enhance property values. C. To ensure that the economy of the City of Eagle and its AOI is protected and enhanced. F. To avoid undue concentration of population and overcrowding of land. G. To ensure that the development of land is commensurate with the physical characteristics of the land. Table 1.1 Distribution of Uses Land Use % of total Commercial 4% Mixed Use 7% Mixed Use Village 5% Business/Tech 3% Industrial 1% Residential 75% Parks/open s ace 5% Page 6 of 38 KAPlanning Dept\Eagle ApplicationARZ &AM MA- 01 -15. RZ -0415 & CPA -01 -15 Linder Crossing pzf.docx 1.2.1 Idaho Code: Understanding the constraints of the existing AOI, the City of Eagle began to look at the requirements for establishing an expanded area of city impact. Under Idaho Code §67- 6526(b), the following three factors are paramount in establishing an area of city impact: A. Trade Area: Trade area is the area that is needed to provide a city with an economic base that supports the city. This economic base comprises not only the city limits and the AOI but also includes the areas that surround a city and bring people into the city for services. Historically, the City of Eagle has been directly associated with a large trade area including properties extending north into Gem County and west into eastern Canyon County. Further, ACHD traffic counts and the existing transportation network support the claim of this area being within the City of Eagle's economic trade area. B. Geographic Boundaries: The Idaho Transportation Department (ITD) has released plans to improve State Highway 16 from a two (2) lane roadway to at least a nine (9) lane system (including right -of -way) in excess of one quarter (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; Page 7 of 38 KAPlanning Dept \Eagle ApplicationARZ&A\2015\A- 01 -15. RZ -0415 & CPA -01 -15 Linder Crossing pzfdocx D. providing diversified employment and housing opportunities for all economic groups; E. an environmentally aware community with distinctive open space, parks and outdoor recreation; F. an economically strong city, that fosters local businesses and clean industry; G. a unique community that maintains its rural residential feel in the midst of the Treasure Valley. Similarly as in 1999, the 2004 Soaring 2025 plan, and the Foothills Plan: the City of Eagle outlined an extensive public visioning process to guide the plan. The visioning sessions discussed potential growth areas and goals to guide the long term development of the City. From these visioning sessions, the following four broad goals were identified for the western AOI and the foothills: A. Sustainability at build out: Ensure the ability for the city to continue to fund, improve and support itself, including infrastructure and parks, without the use of building permit fees, impact fees and zoning fees. 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. 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) Page 8 of 38 KAPlanning Dept\Eagle ApplicationARZ &AU015W- 01 -15. RZ -04 -15 & CPA -01 -15 Linder Crossing pzf.docx Chapter 3 — Population 3.4 Objective To plan for anticipated populations and households that the community can support with adequate services and amenities. Chapter 4 — Schools, Public Services and Utilities 4.1 Background Public utilities, facilities, and services are necessary for the overall welfare of the public and are generally available to Eagle residents. The City and special districts provide the basic services of water, sewer, school, police, fire and library to residents. With Eagle's growing population comes the need for increased public services and the necessity to improve existing service delivery systems. B. The Eagle Sewer District which provides sewer service within a designated sewer service area. Larger lot homes have wells and septic systems and must comply with Central District Health Department requirements. D. United Water, Eagle Water Company, and the City which provide water to Eagle residents. Some private water systems and wells are also used. E. Ada County Sheriff's Office which provides police services on a contract 4.7 Sewer 4.7.2 Sewer Goals A. Ensure that Eagle Sewer District extends its wastewater collection system and expands and upgrades its wastewater treatment and disposal facilities to keep pace with new development in the Area of City Impact and the Eagle Foothills. B. Ensure that the ESD expands its sewerage and disposal facilities at a rate that will stay ahead of and thus not impede orderly development and envisioned in other sections of this Comprehensive Plan. 4.7.4 Sewer Implementation B. Compare ESD expansion Plans with the City's information regarding planned development within the Area of City Impact & the Eagle Foothills. F. Continue to work with the Eagle Sewer District to coordinate urban development based upon Land Use component of the Comprehensive Plan and the Eagle Sewer District Master Plan. 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. Page 9 of 38 KAPlanning DeptlEagle ApplicationARZ &AWMA- 01 -15. 87-0415 & CPA -01 -15 Linder Crossing pzGdocx 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: Table 6.1— Mixture of Land Uses Mix of Uses (including Foothills) t3 Commetciai, Mixed Use. Business. & hdust"ai 62% 0 Rmidentlid I 30% 0 Padcalopen 8 °b space ll 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. Page 10 of 38 KAPlammng DeptEagle ApplicatiunsW- &A\20154401 -15. RZ 04-15 & CPA -01 -15 Linder Crossing pzf docx 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: 6.3.8 The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the following: Residential Transition Residential development that provides for a transition of density within the planning area while keeping in context the density, scaling and lot sizes of existing or proposed uses. Commonly requires changes in lot dimensions and scaling, see specific planning area text for a complete description. High Density Residential Suitable primarily for multi - family housing including apartments, town homes and duplexes within the urbanized setting adjacent to designated transit corridors. An allowable density of 8 to 20 units per 1 acre. 6.3.10 The applicant is proposing to designate the site as the following: Mixed Use Residential development that provides for a transition of density within the planning area while keeping in context the density, scaling and lot sizes of existing or proposed uses. Commonly requires changes in lot dimensions and scaling, see specific planning area text for a complete description. 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. 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. Page 11 of 38 KAPIanning Dept\Eagle ApplicationARZ&Al2 MA- 01 -15, RZ -04 -15 & CPA -01 -15 Linder Crossing pzf.docx I. Require residential subdivisions outside the City limits but within the Impact Area to comply with the Land Use Map. Cluster developments located outside the City limits but within the Impact Area shall not be permitted. Furthermore, residential subdivisions outside the City limits but within the Impact area shall be developed with lot sizes consistent with the respective land use designation as stated in Section 6.3 within this Chapter. 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) X. Limit non - residential uses to designated areas, with scaling and intensity paramount to the approval of these uses. 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. CC. Discourage mid -block commercial development along arterial and collectors unless it is specified in the plan. 6.8.7 Rim View Planning Area The Rim View Planning Area contains a large amount of existing residential uses that have been developed as one -acre and five -acre lots through the Ada County development process. The future land uses in the area are predicated on Linder Road being the only Eagle City river crossing between Eagle Road and Star Road, the need to buffer and preserve the existing residential developments, and the need to provide commercial opportunities along the regional transportation corridors south of the Boise River. Because of the alignment of the State Highway 16 crossing moving further to the west (to McDermott), no clear funding option or timeline for the SH 16 crossing, and recent changes in nearby city limit boundaries (Meridian), the previously planned regional commercial area at Black Cat no longer is a viable location for the City of Eagle. A. Uses The land use and development policies specific to the Rim View Planning Area include the following: 1. A forty acre commercial area located at the northeast corner of the intersection of Chinden Boulevard and Linder Road is to be designed and developed as a unit. This commercial area is intended to serve the Eagle community as a gateway into town before crossing the river. 2. Areas designated as Transitional Residential should have an average residential density of up to 2 units per acre. Units should be clustered to provide for transitional lot sizes to ensure compatibility of new residential uses to existing residential uses. Page 12 of 38 KAPlanning Dept\Eagle ApplicationARZ &AMMA- 01 -15. RZ -0415 & CPA -01 -15 Linder Crossing pzf.docx 3. Patio home styles and alternative lot sizes may be allowed in conjunction with exiting open space and recreation areas located in the Rim View Area. The patio homes and townhouses may be located near the commercial area. 4. Residential Densities up to 4 units per acre may be allowed in the Transitional Residential Area south of the new residential collector and north of the commercial center located at the NE comer of the Chinden Road and Linder Road intersection to facilitate the development of patio style homes within this area. 5. Land uses that are determined to generate wastewater flows in excess of normal residential or commercial uses such as, but not limited to, hotels, fitness centers, laundromats, car washes, and assisted livingtretirement centers should be prohibited in this area. B. Access 1. Access to the area should focus on new internal linkages that allow adjacent parcels to provide pedestrian and vehicle connectivity into the Rim View Planning Area. 2. Primary access should be from a new residential collector connecting Linder Road to Meridian Road with limited access onto Chinden Boulevard only in accordance with TTD's access management policies. All accesses should be designed to allow traffic to flow through the area connecting Meridian Road to Linder Road may provide the opportunity of future east/west residential collector linkage within the planning area. Cross - access and local stub streets should be used to allow the planning area to be interconnected without the need to access the arterial and state highway network. 3. Internal and interconnected circulation should be used to move traffic within the non - residential area, helping to mitigate the number of local vehicle trips entering State Highway 20/26 and Linder Road to access commercial and mixed use services and create cross access into adjoining properties. 4. Chinden Boulevard and Linder Road should be recognized as a gateway corridor to the City of Eagle and development should adhere to proper berming, landscaping, and appropriate setbacks to prevent the encroachment of abutting uses into future corridor improvements. This would protect the viability of the regional transportation corridor as well as buffer the abutting uses from the impacts of the corridor. C. Design 1. This area is recognized as a gateway to the City of Eagle, to be integrated with appropriate landscaping, entry features, and place - making features in the design of the area. 2. Design of this area should be compatible to the existing residential uses currently present in the area and future mixed uses. 3. Design of commercial and office uses should be compatible with the existing residential uses and contain significant landscaped buffers to reduce impacts and appealing building design elements to promote a cohesive character. Commercial development should provide for indirect vehicle connections and for safe and efficient pedestrian linkages to the mixed use and residential areas adjacent to the site. (See Illustration 6.5) Page 13 of 38 KAPlanning Dept\Eagle ApplicationARZ&AX201MA- 01 -15. RZ -04 -15 & CPA -01 -15 Linder Crossing pzf.docx 4. Both Chinden Boulevard and Linder Road should be developed with a detached sidewalk and planting strip adjacent to the back of curb, further solidifying the purpose and character of the gateway corridor of Chinden Boulevard. 5. Signage for all non - residential uses should be designed to be consistent and complimentary, with place - making being the primary objective and identification of uses being secondary. 6. Non - residential areas should be designed with features and materials intended to compliment and buffer residential uses and to avoid creating a tunnel or wall effect along the backside of the large buildings. Illustration 6.5: Regional Commercial Center Layout D. Issues One of the main concerns in the development of this area is the ability to properly balance and buffer the commercial uses with existing residential uses. The Mixed Use and Transitional Residential areas should be designed in a manner that provides a cohesive transition and promotes local connectivity between the commercial and residential uses, incorporating elements that will provide a common and complimentary identity between such uses. Considering the large amount of undeveloped or underdeveloped land within the planning area, each proposed project should be evaluated for the potential to provide linkages and connectivity to adjacent parcels. This is necessary to establish a functioning local and collector roadway system to supports the regionally significant roadways at the south and west of this area. 2. As this area develops, consideration should be made of the transitory uses that have been approved by Ada County which may be nearing their end. 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 Page 14 of 38 KAPlanning Depl Eagle ApplicationARMAMIRA- 01 -15. R7-04 -15 & CPA -01 -15 Linder Crossing pzf.&,cx 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. Principal arterials provide major circulation and movement through urban areas and to connect with major activity centers and freeways outside the City of Eagle. Principal arterials are regional roadways and provide travel routes for longer trips. On- street parking is prohibited. Residential collector streets intercept traffic from local streets and minor numbers of abutting parcels and carry the traffic to a standard collector or arterial street. Residential collectors typically extend less than one -half mile in length. Residential collectors may provide access to local streets, multi - family developments or planned unit developments. On- street parking may be permitted under special circumstances. Local streets serve to provide direct access to the abutting properties, individual homes or small traffic generators. On- street parking is typically permitted. 8.2.1 Principal Arterial Mobility Function: The primary function of a principal arterial is to provide major circulation and movement through urban areas and to connect with major activity centers and freeways. A principal arterial may serve motorized and non - motorized transportation needs and may include up to seven vehicular traffic lanes. On- street parking is prohibited. Access Function: Access from other roadways is controlled and subordinate to traffic on the principal arterial street. Direct lot access is 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 -Wad As shall be determined by the Highway District having jurisdiction with recommendations by the City and seriously considered by the Highway District. 8.2.5 Residential Collectors Mobility Function: The primary function of a residential collector street is to intercept traffic from local streets and minor numbers of abutting parcels and carry the traffic to a collector or arterial street. A secondary function is to service abutting property. The ACHD allowed length and number of vehicle trips per day on residential collectors is less than collectors. The residential collector street may serve motorized and non - motorized transportation needs, and be designed with the minimum street section to accommodate the projected vehicle volume. On- street parking may be prohibited. Access Function: To provide limited and controlled access to residential neighborhoods. Direct lot access is typically restricted. Right -of -Way: Page 15 of 38 KAPlanning Dept\Eagle ApplicationARZ&A\20MA- 01 -15. RZ -04 -15 & CPA -01 -15 Linder Crossing pzfdocx As shall be determined by the Highway District having jurisdiction with recommendations by the City and seriously considered by the Highway District. 8.2.6 Local Roadways Mobility Function: The primary function of a local street is to serve abutting property. Local streets are to be designed to allow on- street parking and discourage continuous or unobstructed flow of traffic through residential neighborhoods. Access Function: To normally provide abutting properties with unrestricted access to the local street unless the street is a local commercial street, in which case access restrictions may apply. 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. Develop an access management plan for the arterial, collector and local street system. Communicate the access management plan to the TTD, 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 Page 16 of 38 KAPlanning DeptTagle ApplicationARZ&AWMA- 0 l -15. RZ -04-15 & CPA -0 l -15 Linder Crossing pzLdocx of the City's Comprehensive Plan. The pathway system is to provide basic mobility for some and a non -drive alone mode for everyone. 2. Work regionally to integrate the pathway system with the ongoing planning and design efforts for the SH -44, SH -16, SH -55 and US 20 -26 corridors. 3. Support the concept and goals of demand management strategies, such as telecommuting, ride- sharing, park - and -ride facilities, etc. to reduce overall travel demand. 8.5 Objectives A. Encourage completion of the existing street system and creation of new links, within reasonable constraints, as the transportation system develops. B. Encourage the preservation of right -of -way for future grade- separated intersections where appropriate within the SH-44, SH -55, US 20 -26 and SH -16 corridors. C. Maintain a land use decision - making process that is supportive of the operational characteristics identified in the most recent Regional Transportation Plan for Ada County of record, and which is protective of living environments along streets. Balance the regional need for connectivity with the local needs of accessibility. D. Ensure that corridor planning, roadway route selection and other transportation system development consider the impact on the development potential of adjacent and under- developed lands. E. Promote land use policies that limit access as necessary to maintain safe and efficient operation of the existing street system while allowing reasonable access to individual development parcels. F. Maintain safe and comfortable neighborhoods by minimizing speeding and cut - through traffic while avoiding cul -de -sac streets that isolate individual neighborhoods. G. Coordinate with the Community Planning Association (COMPASS), Ada County Highway District (ACHD), Valley Regional Transit (VRT), and the Idaho Transportation Department (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 (ACHD), Idaho Transportation Department (ITD), and Community Planning Association (COMPASS) to classify roadways on the City of Eagle Transportation/Pathway Network Maps #1, #2, #3 incorporated into this Comprehensive Plan by reference. The Maps are to assure conformity to designations as delineated on the Land Use Map. The maps shall be provided to the Community Planning Association for input into the Community Planning Association's Functional Street Classification Map and Regional Transportation Plan. C. The most recently adopted Regional Transportation Plan for Ada County of record is adopted by reference as part of the City of Eagle Comprehensive Plan. Page 17 of 38 KAPlanning Depffagle Applica[ionARZ&A1Y0MA- 01 -15, RZ -0415 & CPA -01 -15 Linder Crossing pzf.docx F. Integrate all modes of travel to reduce travel and support air quality improvement measures. G. Encourage roadway design standards and roadway classifications that are consistent with the Idaho Transportation Department (ITD), Ada County Highway District (ACHD), Community Planning Association COMPASS, and other agencies that may be responsible for roadway planning and design. I. Evaluate the impact to the City of all roadway improvements and roadway extensions. 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 8.62 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. 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. 8.6.3 Transit Strategies A. Encourage park and ride lots within the City and Impact Area as development occurs or as part of a major corridor plan. The SH -44, SH -16, SH -55 and US 20 -26 corridors have the greatest potential. Impacts to existing or planned neighborhoods should be considered. Page 18 of 38 KAPlanning DeptTagle ApplicationARZ&At20MA- 01 -15. RZ -0415 & CPA -01 -15 Linder Crossing pzf.docx B. Coordinate with ACHD and the regional transit authority to encourage the development of transit system amenities (shelters, bus turnouts, etc.) with the any major activity centers along major arterial corridors and in others areas as the need develops. C. Encourage the development of transit system amenities (shelters, bus turnouts, etc.) within the Village Center, along major arterial corridors and in others areas as the need develops. E. Develop transit supportive corridors along SH -44, SH -16, SH -55 and US 20- 26. 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 infra- neighborhood connectivity and to ensure that bike and pedestrian traffic is not unnecessarily pushed out onto arterials and collectors. B. Encourage the provision of equestrian, pedestrian and bicycle safety and comfort with enhanced pedestrian crossings of the State Highways (Highway 44 and Highway 55). Pedestrian/bicycle overpass or underpass crossings should be considered. Also, at grade intersection enhancements, such as landscaping, crosswalk pavers and signage, for pedestrian/bicycle safety and comfort, should be considered. 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, Page 19 of 38 KAPlanning Dept\Eagle ApplicationARZ&A201MA- 01 -15. RZ -04 -15 & CPA -01 -15 Linder Crossing pzf.docx practice fields and ball fields as well as a skateboard park. The completion of Reid Merrill Sr. Park, Ada County Sports Park and the new entrance to Eagle Island State Park may meet current needs. Land acquisition for future park sites and pathways is vital in order to develop land for pathways and neighborhood parks. There will also be a need for indoor facilities and recreation programs. One cost effective method available to the City is to pursue joint venture development and use opportunities with the school district. The City of Eagle values its river, creeks, canals, and foothills. Opportunities for the City include maintaining drainage and canal corridors and rights -of -way to establish a pathway system. New development projects will provide for pathway circulation in accordance with adopted local and regional pathway plans. A Pathways Committee would review development proposals to ensure pathways continuity. Maintaining these corridors will add community identity and ensure the quality of recreation in Eagle. These areas are the habitat of a variety of species (e.g., fish, eagle, etc.) and play an important role in the community's ecology. 9.4 Parks 9.4.1 Goal A. To create ample areas and facilities for our residents' diverse indoor and outdoor park and recreational interests. 9.4.2 Objectives A. To develop parks and recreational programs which meet the different needs, interests, and age levels of our residents in both the rural and urban areas. 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. Page 20 of 38 KAPlanning Dept\Eagle ApplicationARZ&AU015W- 01 -15, RZ -04-15 & CPA -01 -15 Linder Crossing pzEdocx 9.5 Pathways and Greenbelts Pathways are non - motorized multi -use paths that are separate features from bicycle and pedestrian lanes constructed as a part of a roadway. Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the Boise River and Dry Creek) and are designed to prevent undesirable encroachment. Greenbelts may include pathways and/or bike lanes. 9.5.1 Goal A. To create a pathway system that provides interconnectivity of schools, neighborhoods, public buildings, businesses, and parks and special sites. 9.5.2 Objectives A. To create a pathway system that reflects desire to have a pedestrian and bicycle friendly community. B. To provide a network of central and neighborhood paths where residents are able to safely access and utilize pathways for alternative forms of transportation. E. Require all development to provide developed pathways for connection to Eagle's public pathway system and/or adjoining development's public pathway system. J. Identify connections between trail sections and existing and future parks and open spaces. O. Provide separate and safe pathway crossings for Highways 55 and 44 at key pathway intersections. 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. Page 21 of 38 KAPlanning DeptTagle ApplicationARMAM MA- 01 -15, RZ -0415 & CPA -01 -15 Linder Crossing pzEdocx 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 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. Page 22 of 38 KAPlanning DeptTagle ApplicationARMAMMA- 01 -15, RZ -04 -15 & CPA -01 -15 Linder Crossing pzf.docx management (i.e., grassy swales, constructed wetlands, and water features). B. Explore public /private or intergovernmental agreements to set aside and protect open space (i.e., land trusts, conservation easements, and memorandums of understanding). C. Create an ordinance that requires developers to include set asides for open space. D. Establish guidelines for open space set asides. E. Develop a comprehensive beautification plan that includes but is not limited to open space such as road rights -of -way, abandoned road segments, and City entryways. F. Develop a storm water management plan to include utilization of onsite open space for storm water management features. G. Create an ordinance that requires developers to dedicate and establish open space /parks in new developments. Encourage developers to identify and preserve wildlife mitigation corridors. 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. Page 22 of 38 KAPlanning DeptTagle ApplicationARMAMMA- 01 -15, RZ -04 -15 & CPA -01 -15 Linder Crossing pzf.docx Chapter 12 — Community Design 12.1 Vision Over the next 20 years, the City of Eagle is forecasted to experience high growth rates that without proper management and planning will impact the quality of life and housing options available to its residents. Rather than ignore the growth pressures that are currently shaping most Treasure Valley communities, the City of Eagle is looking at options that will embrace housing alternatives and transit density but will also preserve the rural nature of the City. 12.2 Goals A. Protecting the City's character: Strive to create an aesthetically pleasing community and protect the unique natural beauty and small town character of the City. B. Maintaining a functioning City at build out: Ensure that the City can continue to fund, improve and support itself, including its infrastructure and parks, at build -out when building permit fees, impact fees and zoning fees are no longer available. C. Preserving Regional Transportation Corridors (State Highway 55, 20/26, 16 & 44): Preserve the function of regionally significant roadways through the City while ensuring compatibility with land uses and design standards of the City. D. Identifying "Activity Centers ": Identify areas that, due to the nature of existing uses, future uses and/or transportation corridors, will lend themselves to increased activity and non - residential use and will therefore allow the City to preserve larger areas as primarily residential neighborhoods. 12.3 Objectives A. Enhance the appearance of the City's entry corridors. Design review procedures should guide future development and redevelopment of existing uses. Depending on land uses and buildings, more extensive landscaping and fewer points of access may be required. The design review process will enable the City to address the special 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. Page 23 of 38 KAPlanning Dept\Eagle ApplicationARMA20I5W-01 -15. RZ -0415 & CPA -01 -15 Linder Crossing pzf.docx V. Maintain the rural residential character and open space environment n and around the City. HH. Provide a variety of housing opportunities ranging from large lot residential to multi- family apartment uses. II. State Highway 44, State Highway 55, State Highway 20/26, State Highway 16 and the proposed east west collector are designed as scenic corridors requiring landscaped setback and separated meanderings sidewalks, modified standards may be necessary within the Eagle Foothills. Illustration 12.1 Berming along Eagle Road (State Highway 55) KK. Recognize the following gateways: 6. Chinden Boulevard and Linder Road 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. Page 24 of 38 K:\Plammng Dept \bagle Applicauons\RZ&A\2015W- 01 -15. R'L -04 -15 & CPA -01 -15 Linder Crossing pzLdocx 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. Definitions: Commercial Neighborhood Commercial A moderate sized shopping area that features a grocery store but may also include a drug store or variety of services such as stationary, clothes, restaurants, dry cleaners, real Estates, gardening and other similar uses. A neighborhood commercial area may have a total of 15,000 to 30,000 square feet but no single buildings in excess of 25,000 square feet. Internal Circulation The movement of traffic into and out of properties and local roadway systems without the need to enter onto arterials and regional roadway networks. Professional Office Uses providing for administration, professional services, and associated activities. These uses often invite public clientele but are more limited in external effects than commercial uses. Strip Commercial A variety of unrelated retail, service and fast food use located at mid block, oriented to take advantage of passing automobile traffic. Connectivity between strip commercial is usually poor, and each use will tend to have its own curb cut onto the arterial. Transitional Density The shifting of density within a development to allow compatibility with existing uses adjacent to or within a site. Page 25 of 38 KAPlanning Dep(Tagle ApplicationARMA201MA- 01 -15. RZ -04 -15 & CPA -01 -15 Linder Crossing pzf docx B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 8 -1 -2 defines Dwelling, Multi - Family as: A dwelling consisting of three (3) or more dwelling units including townhouses and condominiums with varying arrangements of entrances and party walls. Multi - family housing may include public housing. • Eagle City Code, Section 8 -2 -1: Districts Established: MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office, limited commercial, and residential. This district is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure assemblage of properties in a unified plan with coordinated and harmonious development which shall promote outstanding design without unsightly and unsafe strip commercial development. Uses should complement the uses allowed within the CBD zoning district. All development requiring a conditional use permit in the MU zoning district, as shown in section 8 -2 -3 of this chapter, shall occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of this title unless the proposed development does not meet the area requirements as set forth in section 8 -6 -5 -1 of this title. In that case a cooperative development, in conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed use is shown as a permitted use in the MU zoning district within section 8 -2 -3 of this chapter. Residential densities shall not exceed twenty (20) dwelling units per gross acre. When a property is being proposed for rezone to the MU zoning district, a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the city council, provided the development agreement includes conditions of development that are required during the PUD and conditional use process. • Eagle City Code, Section 8 -2 -3 Schedule of District Use Regulations: Residential dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning designation. • Eagle City Code 8 -2 -4 SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS: Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Area Minimum Lot District Height Side Side Lot (Acres Or Sq. Ft.) Width Covered MU 35' 20' 30' 7.5' 20' S0% 5,000 - square feet 50' • Eagle City Code, Section 8 -2A -7: Landscape and Buffer Area Requirements: B. Landscape As Percent Of Site: 1. Landscaping shall cover a minimum of fifteen percent (15 %) of the property on multi- family residential developments. Hardscape plaza areas, such as decorative concrete /paver patios that are integrated into the design of the landscaped area, may be included in the fifteen percent (15 %) landscape coverage requirement. Page 26 of 38 KAPlanning DeptTagle ApplicationARZ&AWMA- 01 -15. RZ -04-15 & CPA -01 -15 Linder Crossing pzf.docx • Eagle City Code, Section 8 -4 -5: Schedule of Parking Regulations: Type Of Use _ RESIDENTIAL F_ Apartments or multi - family dwellings Off Street Parkins Spaces Required For each unit with 2 or more bedrooms - 2 including 1 covered; for each 1 bedroom or studio unit - 1.5 including 1 covered. 0.25 spaces per unit shall be provided for guest parking. Adjacent on street parking spaces on a local street may be credited toward the guest parking requirement • Eagle City Code, Section 8 -7 -3 -3 Public Sites and Open Spaces: B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development. C. DISCUSSION: The applicant is requesting a Comprehensive Plan map and text amendment to change the Future Land Use Map and Rim View Planning Area text for a 11.13 -acre area located approximately 1,300 -feet north of the NE corner of US Highway 20/26 (Chinden Boulevard) and North Linder Road intersection from Transitional Residential (up to four [4] units per acres) to Mixed Use (up to 20 units per acre). The applicant is also requesting an annexation, rezone and development agreement at this time. • Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 [c] [3]) within the 2011 Comprehensive Plan, the applicant must show, "the condition or situation which warrants a change being made in the plan." In the applicant's justification letter, date stamped by the City on March 19, 2015, the applicant states the following: "This project would be located immediately to the north of the 40 acre commercial development that includes Fred Meyers and other current and developing service commercial uses." • The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 [c] [4]) seeks to identify "the public benefit that would occur from such a change in the plan." In the applicant's justification letter, date stamped by the City on May 12, 2015, the applicant provided the following: "The applicant believes that this request is a benefit to the public need in that the proposed development would provide housing opportunities for citizens of all financial categories, while filling a housing need that is lacking in the City 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 applicant's justification letter, date stamped by the City on May 12, 2015, the applicant provided the following: "Without a change to the Comprehensive Plan, the density necessary to provide this type of multi- family residential in this area would not be possible." Page 27 of 38 KAPlanning DeptTagle ApplicationsaZ&AMMA-0 1- 15, RZ -04 -15 & CPA -01 -15 Linder Crossing pzf docx While the City acknowledges the changes to the corridor and the impacts that the expansion of the commercial area to the south of the site and the Latter Day Saints Temple (currently under construction in proximity to the subject site) has on the development, special consideration should be given to the land owners who have bought houses in the Residential Estatess (one [1] unit per two [2] acre) area and expected to have similar uses to the south of the existing Sandy Springs Subdivision. Further, the area in question has been the subject of City review six (6) times since 1999 with the latest being less than six (6) months ago. In consideration of the previous amendments, the City has never stated that high- density residential, multi - family, or apartment uses would be considered compatible with the adjacent uses. As previously established by the City, lots sizes similar in size to the lots previously entitled to the north should be encouraged at the northern edge of the development. • A local stub street is proposed with the Gated Garden development located at the northern boundary of the subject site to provide the site access to the collector (Temple Drive) and the future signal at Temple Drive and Linder Road. ACHD has recommend that the stub street be extended from Temple Drive south through the subject site to the existing driveway at the northern boundary of Eagle Island Market Place (Fred Meyer's complex). The applicant has provided a site plan for the site, date stamped by the City on March 30, 2015. The proposed use for the site is significantly more intense (proposed at 14.9 units /acre) than the adjacent residential uses and the other residential uses in the Rim View Planning area (densities ranging from one [1] unit per five [5] acres to four [4] units per acre). Staff believes the adjacent land uses and the recently approved Gated Gardens development should serve as a guide for the subject site in regard to providing a transition between the Mixed Use area located to the south and the Residential Estatess area located to the north. Gated Garden Subdivision Page 28 of 38 KAPlanning DeptTagle ApplicationARZ&AVOMA- 01 -15. RZ -04 -15 & CPA -01 -15 Linder Crossing pzf.docx • The Eagle Comprehensive Plan Chapter 2: Property Rights, Section 4 (C) states: The Comprehensive Plan and implementing ordinances should strive for stable and consistent policies regarding development densities and requirements. The number of changes in this area over the past 10 years has not provided consistent implementation of development densities and policies. Further, the current request provides for a significant increase to the anticipated development densities in the area. The neighboring properties are planned for residential densities ranging from two (2) units per acre to four (4) units per acre. The existing developed subdivisions in the area are developed at even lower densities with one (1) unit per two (2) acres (Sandy Springs) and one (1) unit per five (5) acres (Almaden Acres). • Numerous policies with in The Eagle Comprehensive Plan address how the City should plan for property rights and the provision of services: o The Eagle Comprehensive Plan Chapter 2: Property Rights states: "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." • The Eagle Comprehensive Plan Chapter 3: Population states: "To plan for anticipated populations and households that the community can support with adequate services and amenities." • The Eagle Comprehensive Plan Chapter 4: School, Public Services and Utilities, Section 7 Sewer establishes policies to guide the planning for and provision of sewer within the City: o 4.7.3 (B) states: Compare ESD expansion Plans with the City's information regarding planned development within the Area of City Impact & the Eagle Foothills. o 4.7.3 (F) states: Continue to work with the Eagle Sewer District to coordinate urban development based upon Land Use component of the Comprehensive Plan and the Eagle Sewer District Master Plan. • The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6 (B) states: "Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, police, fire, recreational areas, highways and transportation systems. According to the Eagle Sewer District email, dated May 6, 2015, the property has been annexed into the Sewer District Boundary and has been granted 80 equivalent residential units (ERU's). ERU's area calculated as follows: 1 bedroom is 1/4 ERU 2 bedroom is 1/2 ERU 3 bedroom and larger is 1 ERU Clubhouse is 1 ERU The final application should be limited to not exceed 80 ERU's. Further, this is the last of the capacity available in the area and will limit any redevelopment of areas to the west and north of this site as envisioned in the comprehensive plan. On June 25, 2015, City staff asked the Eagle Sewer District about available sewer capacity for the remaining property within the Rim View Planning Area, specifically the Almaden Acres area west of Linder Road that is designated as Residential Two (up to two (2) units per acre) (see map below). The sewer district stated, "If Linder Crossing is approved as proposed (approximately 15 units per acre) there would be very limited/no capacity for the redevelopment of the Almaden Acres area. A comprehensive sewer planning study would be required to determine if any capacity could be available within the planning area." Without the provision of sewer services, the development of Page 29 of 38 KAPlanning DeptTagle ApplicationARZ&AMI5W- 01 -15. RZ -04-15 & CPA -01 -15 Linder Crossing pz .docx Almaden Acres into lots less than two (2) acres in size is prohibited pursuant to Eagle City Code Section 8 -2 -1. If the City approves the proposed application thus allowing the available sewer capacity to be committed to the Linder Crossing project, the City should also consider one (1) of the following options for the Almaden Acres Area: 1) Work with the ESD to conduct a comprehensive sewer capacity study to determine if any sewer capacity is available and change the future land use accordingly. 2) Change the Residential Two Land Use Designation to Residential Estates (up to one [ 1 ] unit per two [2] acres) thus removing the requirement/expectation pursuant to Eagle City Code Section 8 -2 -1 for the provision of sewer at the time of redevelopment. 3) Change the land use designation to Residential Rural (up to one [1] unit per five [5] acres) and identify that there is no redevelopment potential in the area. The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6 (I) states: Limit non - residential uses to designated areas, with scaling and intensity paramount to the approval of these uses. The Future Land Use Map and the categorization of land use within the Comprehensive Plan are intended to be broad and provide flexibility of design at the time of development. Since the original adoption of the 2004 Western Area Comprehensive Plan there has been a significant shift in the uses and intensity within the Rim View Planning Area. As part of the 2000 Comprehensive Plan, the area was designated as Residential Estatess, similar to the Bunderson/Sandy Springs Subdivision (1.5 acre lots approved by Ada County) to the north of the site. The 2004 Comprehensive Plan recognized the importance of the Linder Road bridge crossing over the Boise River and thus established a small five (5) acre commercial area with Professional Office transitioning to Transitional Residential (specifically calling out patio homes) as a buffer to the existing Residential Estates designation to the north. In 2008, the City amended the planning area to accommodate the development of the Eagle Island Marketplace (Fred Meyers' complex) and the redevelopment of the Fox Tail Golf Course. During each of these amendments and subsequent plats the concept of transitioning and buffering to the existing Residential Estates designation has been paramount. Within Ashbury Subdivision located to the east of this site, the transition was one (1) acre lots located at the northern boundary; in Reynard Subdivision (formerly Fox Tail Golf Course) the transition was 1/2 to one (1) acre lots located at the northern and western boundary. The proposed Gated Garden Subdivision located to the north and east of the site, provides a transition Page 30 of 38 K:\Planning Dept\Eagle Applications\RZ.&A\2015W- 01 -15, RZ -04-15 & CPA 1 -1.15 Lmder Crossmg pzf.docx from 1/2 acre lots located to the north to 5,000- square foot lots located to the south adjacent to Eagle Island Market Place. Staff feels a similar transition would be appropriate for the subject site. The Rim View Planning Area had previously included a small (five [5] acres) Professional Office designation as a buffer between the commercial and the residential designations (Residential Estates and Transitional Residential). The expansion of the Mixed Use designation in 2008 from five (5) acres to forty (40) acres located at the northeast corner of the Chinden Boulevard and Linder Road intersection removed the Professional Office designation but kept the "Transitional Residential" designation to serve as a buffer to the Residential Estates designation located to the north. While the Rim View Planning Area may have previously include Professional Office as a buffer to the Mixed Use /Commercial area located at the northeast corner of the Chinden Boulevard and Linder Road the planning area has never included multi - family or high density residential as an allowed buffer /transitional use. Due to the existing surrounding land uses and the Comprehensive Plan designations in the area, single - family patio homes have been the most intensive use contemplated within the Transitional Residential area. When contemplating the sewer capacity in the area, the allowance of Professional Office or non - residential uses would reduce demand on sewer. Such uses that are allowed in a residential zone through a conditional use permit process are beauty and barber shops, daycares, convenience stores (no fuel), emergency services, kennels, nursing homes, and veterinary clinics. • The applicant proposes a land use map amendment to "Mixed Use" with amended text allowing up to 20 units /acre on the 11.31 acre site. The applicant is proposing to develop the site at a density of 14.9 units /acre. If approved, the site in question would be nearly four (4) times more intensive than the "Transitional Residential' Comprehensive Plan designation to the north and east within the Gated Garden Subdivision and seven (7) times as intensive as the "Residential Two' Comprehensive Plan designation located to the west across Linder Road. The Long Range Street and Highway Classification Map designates Linder Road as a principal arterial. It is anticipated Linder Road will be expanded to seven (7) travel lanes in the future. While staff recognizes the impact a seven (7) lane roadway section (Linder Road and US Highway 20/26) could have on the site (specifically noise), many parcels of similar size along arterial and highways have been developed or have been combined to be developed with densities less than four (4) units within the City (i.e.: Banbury, Spyglass, Two Rivers, Island Woods, Lakemoor, Snoqualmie Falls, Timberland, Redwood Creek, Castlebury, Reynard, Countryside, Shadow Ridge, Shadow View, Trail Creek, Great Sky Estates, Echohawk, and Lexington Hills). The applicant is locating a residential project adjacent to a future seven (7) lane principal arterial. Alternative uses could be considered to provide a buffer to the arterial and reduce the required buffer and berming requirements pursuant to Eagle City Code Section 8- 2A- 7(J)(4). The use of light office, cottage retail or even mini- storage located adjacent to the frontage could provide a transition from the noise and intensity of Linder Road. As ACHD is requiring an extension of the local roadway from Temple Drive south into the site (see site specific condition D 1 on page 12 of the ACHD staff report date stamped by the City July 1, 2015), these alternative uses would capitalize on the necessary street improvements. The remaining balance of the site could be designated as residential through the Mixed Use designation to accommodate uses similar to the patio townhouses portion of the Gated Garden Subdivision (approximately six [6] units per acre) to the north. Page 31 of 38 KAPlanning DepAEagle ApplicationARZ&AMMA- 01 -15. RZ -04-15 & CPA -01 -15 Linder Crossing pzf.docx Gated Garden SuhdMsion • The Eagle Comprehensive Plan encourages locating compact and multi - family development along major transit corridors and near activity centers to encourage pedestrian accessibility and circulation. A typical walking distance is 1/4-mile. While the site is located within walking distance of the Mixed Use /Commercial area located at the northeast corner of the US 20/26 and Linder Road intersection the site is not located within walking distance of a school, city park, or a transit corridor. • The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6 (CC) states: Discourage mid -block commercial development along arterial and collectors unless it is specified in the plan. The applicant proposes to limit the uses within the "Mixed Use" land use designation to residential only uses so as to discourage the strip and mid -block commercial located adjacent to Linder Road by creating a separated commercial area from the planned commercial center at the intersection of Chinden Boulevard and Linder Road. If the City is inclined to support the applicant's request staff would recommend the use of the "High Density Residential" land use designation for the site. It does not allow for non - residential uses and it is most reflective of the applicant's request. Due to the roadway alignment issues, no direct access to Linder Road, a stubbed local street at the northern boundary, and the requirement for a 75 -foot wide buffer located adjacent to the principal arterial, staff would recommend consideration of a commercial use(s) that would "buffer" the residential from the arterial network. • The Eagle Comprehensive Plan Chapter 8.6.2 Transportation: Specific Design Strategies states: C. Support the access restriction policies of the Ada County Highway District. 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 Page 32 of 38 KAPlanning Dept\Eagle Applicatwns\RZ&A\2015N- 01 -15. RZ -04.15 & CPA -01 -15 Linder Crossing pztdocx 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 The ACHD staff report requires the applicant to extend the local street stub from Temple Drive south to Eagle Island Market Place (Fred Meyer's complex) consistent with the above stated policies. The extension of the local street into the site creates the opportunity to identify an alternative land use as a buffer between Linder Road and any potential residential use to the east of the local road extension or to establish a frontage road in this area. On June 24, 2015, ITD conducted a public open house to discuss the long -term design for the Chinden Boulevard and Linder Road intersection. In this presentation, I TD presented a continuous flow intersection (CFI) that would limit access to right - in/right -out only for the northern two access points providing access from Linder Road to Eagle Island Market Place (Fred Meyer's complex). This potential limitation to the local roadway network requires the City and ACHD to look at how other local connections can provide relief and connectivity between Linder Road and Meridian Road north of the US 20/26 ( Chinden Boulevard) corridor. The local roadway connection requested from Temple Drive to Eagle Island Market Place (Fred Meyer's complex) is one of the last options in the area. The City should continue to work with the owners of the Eagle Island Marketplace, Fred Meyers, and the Almaden Subdivision on the west side of Linder Road to preserve the northern access point as full access (with a potential signal) to facilitate access to the commercial and residential uses on the east side of Linder Road and the potential of redevelopment on the west side of Linder Road (Almaden Acres). STAFF RECOMMENDATION REGARDING THE PROPOSED COMPREHENSIVE PLAN AMENDMENT: Based upon the information provided to staff to date staff recommends denial of the requested comprehensive plan map and text amendment in the Rim View Planning Area. The intensity of the use proposed was never contemplated at this location and is not compatible with the other residential uses in the area. Further, the approval of the application at the density proposed would exhaust the available sewer capacity in the area and create limitations and impacts on the redevelopment (as detailed in the adopted plan) of adjacent properties. STAFF RECOMMENDATION REGARDING THE ANNEXATION AND REZONE: Based on the information provided to staff to date staff recommends denial of the requested annexation and rezone. Staff's recommendation is based on the required finding that a rezone must be in accordance with the City of Eagle Comprehensive Plan. The proposed rezone to MU -DA (Mixed Use with a development agreement [[in lieu of a conditional use permit]]) to allow for a multi - family development at 14.9 - dwelling units per acre is not in conformance with the Comprehensive Plan land use designation of Transitional Residential. The proposed use is also not in accordance with the guidelines provided within the Comprehensive Plan Rim View Planning Area. PUBLIC HEARING OF THE COMMISSION: A. The comprehensive plan map and text amendment and rezone applications came before the Eagle Planning and Zoning Commission for their consideration on June 15, 2015. Staff requested the applications be continued to the July 20, 2015, meeting at which time the applicant and staff requested the applications be continued. The Commission continued the applications to the August 17, 2015, meeting at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. Page 33 of 38 KAPlanning Dept\Eagle ApplicationARZ&A\2015W-01 -15. RZ -0415 & CPA -01 -15 Linder Crossing pzf.docx B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by one (1) individual (not including the applicant/representative) who indicated the proposed project is what the city needs and feels it is well designed. The individual also indicated it is the appropriate time to allow a multi - family project in this area. C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by fifteen (15) individuals who expressed the following concerns: • The proposed project will affect the irrigation and sewer capacity in the area. It will also affect the water table in proximity to the site. • The proposed buildings will block the view looking west from the developments located east of the proposed development. • The proposal is not in conformance with the "Transitional Residential" land use designation within the Comprehensive Plan. • The traffic from the proposed development will have a significant negative impact on the adjacent properties. • The proposed northern entrance to Linder Crossing Apartments (subject application) will cause confusion with the entrance to the proposed Gated Garden Subdivision since the proposed Linder Crossing Apartments will utilize the same entrance as Gated Garden Subdivision. • The proposed development should be required to have a public road through it. • The Commission should support the staff recommendation to deny the application. • The proposed development will utilize the remaining sewer capacity in the area so there will not be sewer capacity remaining for future re- development of the Almaden Acres area located west of the proposed development. • Due to the density being proposed with this application and the uses that have been approved with previous applications the neighborhood is being robbed of its autonomy. • The applicant has failed to show the need to construct a multi - family residential project in this area. • The proposed use is incompatible with the Rim View Planning Area as identified in the Comprehensive Plan. • The Comprehensive Plan identifies goals to avoid undue population increases and provide stable land use approvals and this request is not in conformance with those goals. • The proposed density of approximately fifteen (15) units per acres is too high for the area. • The Comprehensive Plan for this area was just amended seven (7) months ago and is constantly being changed. The Comprehensive Plan is a long term plan and it is not meaningful due to the number of times the plan has been amended for this area. • People purchased homes in this area based on the Comprehensive Plan designation, the plan has changed too many times and is affecting their quality of life. • A maximum of four (4) dwelling units per acres should be allowed in this area. • The proposed apartments are shown to be luxury apartments, however, they are being proposed as affordable apartments. • There are currently multi - family residential projects being constructed in Meridian south of this proposed project. • The proposed project is not in conformance with what Eagle is today. • The applicant is proposing a Comprehensive Plan amendment and rezone to allow for a project that is four (4) times the amount of density currently identified in the Comprehensive Plan for this area. Page 34 of 38 KAPlanning Dept\Eagle ApplicationARMAX2015\A- 01 -15, RZ-04 -15 & CPA -01 -15 Linder Crossing pzEdocx • This location was not previously identified by the city for multi - family residential. • There are currently approved multi - family residential projects approved in proximity to this site. • The integrity of the Comprehensive Plan has been compromised due to the number of amendments of the plan for development in this area. • The proposal is based on economics and has nothing to do with planning. • The irrigation systems in the area will be compromised due to the additional use. COMMISSION DELIBERATION: Upon closing the public hearing, the Commission discussed during deliberation that: • The current allowance of up to four (4) dwelling units per acre pursuant to the Comprehensive Plan is an appropriate density for this area. • Due to the proposed density and the height of the buildings the proposed development does not provide a transition to the other properties located in proximity to the site. • The project is not compatible with other residential development located within the immediate area because the property located adjacent to the site is approved to development with a residential subdivision that will not exceed five (5) dwelling units per acre. • There have been too many Comprehensive Plan amendments for projects located within this area. • The project is well designed, however, this is not an appropriate area for locating multi - family development. • The proposed density of fifteen (15) dwelling units per acres is too high for this area since this area was not contemplated for multi - family development. • The proposed project is not in conformance with policies and guidelines that are currently in place. • The applicant needs to design a project that conforms to the parameters of the Comprehensive Plan. • The testimony received regarding the application indicated the residents living in proximity to the site would be supportive of the density (up to four (4) dwelling units per acre) that is currently identified in the Comprehensive Plan. • The additional traffic from a multi - family residential development may negatively impact the general vicinity of the development. COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN AMENDMENT: The Commission voted 3 to 0 (Koellisch and Villegas absent) to recommend denial of CPA -01 -15 for the requested comprehensive plan map and text amendment from Residential Transition to Mixed Use for LR5, LLC. COMMISSION DECISION REGARDING THE REZONE: The Commission voted 3 to 0 (Koellisch and Villegas absent) to recommend denial of A- 01- 15/RZ -04 -15 for an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA (Mixed use with a development agreement [in lieu of a conditional use permit]) for LR5, LLC. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at the Eagle Sewer District office, 44 N. Palmetto Ave., at 6:00 PM, January 28, 2015, in compliance with the application submittal requirement of the Eagle City Code. The City of Eagle received the application for this item on March 19, 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. Requests for agencies' reviews were transmitted Page 35 of 38 KAPlanning Dept\Eagle ApplicationAtRZ&At2015tA- 01 -15. RZ -04-15 & CPA -01 -15 Linder Crossing pzf.docx on March 23, 2015, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with Eagle City Code on June 5, 2015. 3. The Commission reviewed the particular facts and circumstances of this proposed comprehensive plan amendment (CPA- 01 -15) and based upon the information provided concludes that the proposed comprehensive plan amendment is not in accordance with the City of Eagle Comprehensive Plan and established goals and objectives. Specifically, the request does not justify a change to the plan as identified in the Section 133C of the Eagle Comprehensive Plan: a) The Commission finds there is no change in condition or situation that warrants the change of the Comprehensive Plan. The Rim View subarea text was amended by Resolution 15 -01 on February 15, 2015 increasing the residential density of the property from up to two (2) units per acre to up to four (4) units per acre (since the last update no changes have occurred in the area). b) The Commission finds that there is no public benefit that would occur from the change of the plan. While the applicant claims there are no multi- family developments located in proximity to the site the Commission reviewed the plan and identified several properties within a mile of the site that provided for apartment uses and a variety of housing types as prescribed within the City's Plan. The Comprehensive Plan lists goals to "Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, ... and transportation systems" as well as promote "a high quality of life and livability in the community." Though sewer is available to this site at a density higher than the density prescribed within the plan it limits the potential of providing sewer service to the Almaden Acres Subdivision area located to the west of the site, at the redevelopment density prescribed within the plan. The site is currently located at the western end of the Eagle Sewer District service area and without reserving capacity Alamden Acres would be required to pursue sewer from the City of Meridian while being located within the City of Eagle's plan. The Commission finds that the application is in conflict with the Comprehensive Plan policy to "Locate higher- density residential development closest to Downtown Eagle... ". Locating high density residential uses is in conflict with the existing and approved residential densities within the area and would place high density residential uses far from Downtown Eagle. Further, the text of the Rim View Planning area has been reviewed and edited numerous times over the past ten (10) years and not once has the City considered high- density residential uses in the area. All uses have been between one to five (1 -5) units per acre. The designation of this property would be out of character with the other uses in the area. 4. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ- 04 -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 conditional use permit]) is not consistent with the Transitional Residential land use designation on the Comprehensive Plan Land Use Map; c. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) zone is not compatible with the RUT (Rural -Urban Transition — Ada County designation) zone and land use to the north since a comprehensive plan text amendment, rezone and subdivision applications associated with the property located to the north have been approved by the city for a single - family residential development (Gated Garden Subdivision) with a density not to exceed five (5) units per acre and the proposed development does not provide a proper transition to the proposed subdivision located north of the subject property; e. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) zone is not compatible with the RUT (Rural -Urban Transitional — Ada County designation) Page 36 of 38 KAPlanning Dept\Eagle ApplicationARZ&A\20I5W- 01 -15, RZ -04-15 & CPA -01 -15 Linder Crossing pzf.docx zone and land use to the west since that area is currently developed with a density of one (1) unit per five (5) acres and may only be developed with a residential density of two (2) units per acre in the future; f. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) zone is not compatible with the RUT (Rural -Urban Transition — Ada County designation) zone and land use to the east since a comprehensive plan text amendment, annexation, rezone, and subdivision applications associated with the property located to the east have been approved by the city for a single - family residential development (Gated Garden Subdivision) with a density not to exceed five (5) units per acre and the proposed development does not provide a proper transition to the proposed subdivision located east of the subject property; g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; 5. The Commission reviewed the particular facts and circumstances of this proposed development agreement in lieu of a conditional use permit, and based upon the information provided concludes that the proposed development is not in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: B. Will not be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8) since the requested comprehensive plan map and text amendment was not recommended for approval; C. Will not be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will change the essential character of the same area since the proposed density and height of the buildings of the project have not been designed to provide a proper transition between the existing uses located adjacent to the subject site; D. Will be hazardous or disturbing to existing or future neighborhood uses since the proposed density of the development will negatively impact the property located to the north and east of the proposed development; E. Will not be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. The applicant is not proposing to provide a public street (frontage road) connection located between the northern and southern property lines to allow for connectivity within the immediate area; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors since the proposed density will have a traffic impact on the adjacent property located north of the subject development; H. Will not have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares since the applicant is not proposing to provide a public street connection (frontage road) between the northern and southern property lines to allow for connectivity within the immediate area. Page 37 of 38 KAPlanning Dept \Eagle ApplicationARZ&A\2015\A- 01 -15. R7. -04 -15 & CPA -01 -15 Linder Crossing pzf.docx DATED this 31st day of August, 2015. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho .••% CITY Trent Wright, Chairman .•10 ..0•••'0*.0�' 0. CORb �' t O 'Y ATTEST: %,,,,,0�L *••,,,,� Sharon K. Bergmann, Eagle City herk Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis Page 38 of 38 KAPlanning DeptTagle Applications\R7&M2015\A- 01 -15. RZ -0415 & CPA -01 -15 Linder Crossing pzf.docx