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Findings - CC - 2010 - CPA-7-08 & A-05-08 & RZ-11-08 - Annexation & Rezone Rut To Mu-Da 6479 N FoxBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
COMPREHENSIVE PLAN AMENDMENT FROM }
PUBLIC/SEMI-PUBLIC TO MIXED USE AND AN )
ANNEXATION ANDREZONE FROM RUT (RURAL- )
URBAN TRANSITION) TO MU-DA (MIXED USE
WITH DEVELOPMENT AGREEMENT) FOR WILSON
PROPERTIES L.P. AND WILSON HOLDINGS LLC }
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-7-08 & A-05-08 & RZ-11-08
The above -entitled comprehensive plan amendment, annexation and rezone applications came before the Eagle
City Council for their action on December 1.5, 2009, at which time public testimony was taken and the public
hearing was continued to January 12, 2010. The public hearing was again continued to February 9, 2010, and
again to February 23, 2010, at. which time additional limited public testimony was taken and the public hearing was
closed. At this time the City Council scheduled a mediation session for this item for March 2, 2010, and continued
the item to March 9, 2010. The City Council made their decision at that time. The Eagle City Council, having
heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings
of Fact and Conclusions of 'Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Wilson Properties L.P. and Wilson Holdings, LLC, represented by Gene Shaffer with CSHQA, is
requesting a Comprehensive Plan Map and Text Amendment to change the land use designation
on the Comprehensive Plan Future Land. Use Map from Public/Semi-Public and Transitional
Residential to Mixed Use and to amend the language in the Rim View Planning Area; an
annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU-DA
(Mixed Use with a development agreement). Tile +/- 83.79-acre site is generally located at the
northwest corner of N. Fox Run Avenue and Chi.nden Boulevard. (Highway 20/26) at 6479 N. Fox
Run Avenue and 990 W. Chinden Boulevard.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, October 21, 2008, at. Foxtail Golf Course
(maintenance barn), 6479 N. Fox Run Avenue, :Meridian., ID 83646, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received
by the City of Eagle on November 1.4, 2008 supplemental information was submitted since that
time. The applicant continued to meet with neighbors during the process to discuss development
concerns.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in the Valley Times in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City Code on May 25, 2009. 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 29, 2009.
Requests for agencies' reviews were transmitted on April 30, 2009, in accordance with the
requirements of the Eagle City Code.
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KAPlanni q Dept\Eagle Applicatioiis\C;PA\2008\CPA-07-08 & A-05-09 & R7. 11-08 ccr. i .doc
On July 13, 2009, the Planning and 'Zoning Commission remanded the applications to staff. Re -
notice of Pubic .Hearing on the applications 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 in the Idaho Statesman on October 3, 2009, and in the galley Times on October 5, 2009.
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 6.5, Idaho Code
and the Eagle City Code on October 6, 2009. Re -notice of Pubic Hearing on the applications for
the Eagle Planning and Zoning Commission was published in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code in the Valley Times on October 26, 2009.
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 October 27, 2009. The site was posted in accordance with the Eagle City
Code on November 3, 2009.
Notice of Public Hearing on the application for the City Council was published in accordance with
the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 30,
2009. 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 November 25, 2009. The site was posted in accordance with the
Eagle City Code on December 2, 2009.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
Foxtail golf course has been operating on the subject parcel since 1.993, as approved by Ada
County. A series of changes have occurred over the years including expansion of the golf course
and. the addition of accessory buildings.
On September 14, 2004, the City of Eagle adopted the Soaring 2025 Western. Area plan which
expanded the City's planning boundariesgenerally west to the centerline of State Highway 16 and
south to Chinden :Boulevard (US 20/26),
Figure l: Chinden Bench Punning Area
CPA- 1:1-06: City of Eagle: The Western Area Plan designated the area north of the Phyllis Canal.
and west of Spur Wing County Club as the "Chinden Bench Planning Area" (figure 1). In 2005,
the entire area was annexed into the City of Meridian to be developed as the Tree Farm
Subdivision. Since that time Meridian and Eagle City Council members met and tentatively
determined that it was appropriate to allow Meridian to annex properties within this area and have
the City of Eagle remove it from their planning area (pending execution of a formal MOA
rnemorializing the agreement). The City approved a comprehensive plan amendment consistent
with this action; however, a resolution to finalize this action has not been adopted to date. A
memorandum of agreement (MOA) between the City of Meridian and the City of Eagle which
outlines the conditions regarding the allowance of Meridian to annex into the Eagle's planning
area must be executed before the adoption of a resolution by the City of Eagle.
Page 2 of 55
KAlPlanning Deptk 'a gl.e ApplicationslCPA.\.10 8\CPA-07-08 & A-05-08 & lt1-1.1-08 ccfl .doc
In March 2005, the Meridian City Council approved AZ 05-004 — a request for annexation and
rezone of 358.57-acres from. RUT to R-2 (66.02 acres), R-8 (167.02 acres), R-1 5 (79.82 acres), C-
N (17.26 acres) and C-C (28.45 acres) for The Tree Farm Subdivision located on the north side of
Chinden Boulevard and on both sides of Black Cat Road (west of Spurwing Subdivision),
In the Fall of 2006, the Eagle City Council and Meridian City Council met to discuss the Chinden
Bench area south of the Phyllis Canal. At that time Meridian expressed a desire and intent to
provide urban services to the area south of the Phyllis Canal.. Meridian indicated they did -not plan
to service the area north of the canal (area known by the City of Eagle as the River Plain planning
area as described in the Eaggle Comprehensive Plan).
In February 2007, the Meridian City Council approved AZ 06-043 — a request for annexation and
rezone of 20.51 acres from R-R to R-8 zone and preliminary plat (PP 06-045) approval of 73
residential building lots (consisting of 46 attached single-family units and 27 detached single-
1� 0 tZ,
family units and 6 common/other lots) on 20.5 lacres in a proposed R-8 zone for Spurwing Patio
Homes Subdivision located on the northeast corner of North Ten Mile Road and West Chinden
Boulevard (west of North Spurwing, Way),
Ln
In October 2007, the Meridian City Council approved CPA 07-010 — a request to amend the
Comprehensive Plan Land Use Map to include 645-acres north of the Phyllis Canal and south of
the Boise River, extending from Linder Road to approximately 1/4mi.le west of Black Cat into
Meridian's North Meridian Planning Area.
FiCrUre 2: Meridian Area of Annexation
C
In total, Meridian has annexed and/or provided comprehensive plan land use designations for
nearly 1,100 acres of the City of Eagle's approved Area of City Impact and comprehensive
planning area (figure 2). These actions have altered the City of Eagle's efforts to plan the forty
(40) acre commercially designated area located at the northeast corner of Highway 20/26 and
Black Cat Road. Due to the future extension of State Highway 16, that corner was recognized in
the Chinden Planning Area as a regional commercial area important to the economic well -tieing of
the City of Eagle. Now that SH 16 is proposed to intersect Highway 20/26 at McDermott Road,
Linder Road and the Rim View Planning area may be considered an appropriate location for a
regional commercial center, in part due to Linder Road being the only north -south connection
across the Boise River in the Western Area, and recent City Council action as noted in the
paragr
aph.
raph,
0
Paae 3 of 55
KAPki-nning Dcpt\Ea le Applicatioiis\CPAV2008\CPA-07-08 & A-05-08 & RZ-1 1-08 ccf Ldoc
ZZ .9
E.
F
G.
...........
Com
Figure 3: Linder Road/Chinden
On December 16, 2008, the Eagle City Council approved CPA-5-08 & A-03-08 & RZ-8-08, a
Comprehensive Plan Map and Text amendment changing the land use designation on the
Comprehensive Plan Land Use Map from Mixed Use and Professional Office to Commercial for
the property located on the northeast comer of Linder Road and Chinden Boulevard (US 20/26)
(figure 3). This action also approved. an annexation (once the property becomes contiguous to
Eagle City limits) and a rezone with development agreement from RUT (Rural Urban Transition)
to C-3-DA (Highway Business District with a Development Agreement). As of this date, the City
Z__lt
has approved DR-13-09, a design review application for the. Eagle Island Market Place (EIMP)
and Fred Meyer development located on the subject 38.3-acre site.
COMPANION APPLICATIONS: All applications are inclusive and incorporated herein by reference.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Public/Semi-Public &
RUT (Rural -Urban Transition -
Golf course
Transitional Residential
Ada County designation)
Proposed
Mixed Use
MU-DA. (Mixed Use with
Proposed commercial and
Development Agreement)
ID
residential development
North of site
Residential Estates
R 1. (Ada County designation)
Winward River Heights,
C.
Bodily & Bunderson
Springs Residential Subs,
South of site
I
Meridian AOI
RUT (Rural -Urban Transition Ada
Residential/Pasture
County designation) Z__
East of site
Transitional Residential
R 1. (Ada County designation) &
CD
Foxtall Subdivision;
RUT (Rural -Urban Transition -
pasture is proposed for
Ada County designation)
residential development
West of site
Residential Estates,
RUT (Rural - Urban Transition —
Proposed Fred Meyers &
Transitional Residential,
Ada County designation) & R.1
Z_
Eagle Island Marketplace
0
Commercial
(Ada County designation), C-3-
C�
commercial development
DA" (Commercial Highway
District with Development
Agreement)
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
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C -
H. TOTAL ACREAGE OF SITE: +/- 83.79-acres
Total Acreage of Any Oust -Parcels — None
I. APPLICANT'S REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
.The justification :letter of July 27, 2009 (revised), provided by the applicant and date stamped by
the City on July 29, 2009, is incorporated herein by reference.
GENERAL SITE DESIGN FEATURES:
On -site Septic System (yes or no) — No, central sewer is required as a condition of approval.
Preservation of Existing .Natural Features:
A draft report submitted by the applicant entitled "Natural Features Analysis" (date stamped by the
City on May 27, 2009) indicates that various ponds, a ditch waterway, and the North Slough
irrigation waterway are present on the site. The various groupings of maintained trees and shrubs
are not indicative of a quality habitat for a range of species. The "Habitat Review" date stamped
by the City on October 30, 2008, does not indicate, preliminarily, any potential occurrence of
Threatened, :Endangered, or Candidate fish and wildlife species of concern. Vegetation is typical
of a golf course; manicured trees and grasses have left the site mostly devoid of native species.
Preservation of Existing Historical Assets:
A draft report submitted by the applicant entitled "Natural Features Analysis" (date stamped by the
City on May 27, 2009) indicates that no archaeological properties have been recorded at the site.
The McGrath House site, used for dairy operations is located on the site and has been determined
ineligible for National Historic Register listing. The historic route of the Oregon Trail traverses
east to west on the site but due to the physical changes made to the site over the past decades, no
evidence of the trail exists on the site. If during excavation or development of the site, any
historical artifacts are discovered, state law requires immediate notification to the state.
K. STREET DESIGN:
The applicant proposes to maintain the full access currently allowed for the golf course onto
Chinden Blvd (Hwy20/26) (principal arterial). Conceptually, the applicant is proposing
connectivity and access (i.e. stub streets) between this development and adjacent properties. Street.
design and schematics are proposed by the applicant to be reviewed at the submittal of platting
and/or design review applications.
Sidewalks:
The most recent concept ("bubble") plan (date stamped by the City on August 26, 2009), does not
show any sidewalks within the development. As a condition of approval, sidewalks adjacent to the
streets will be ,required to be constructed, and pedestrian connectivity to all parts of the
development is to be the objective.
Street Names:
Street narne approval by the Ada. County Street Name Committee has not been received to date.
Approval from that committee is required prior to final plat approval.
L. ON AND OFF -SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: While sidewalks for internal circulation will be reviewed at the time of platting
and/or design review, it is important to establish the goal of providing pedestrian -dominant
connectivity. See discussion under Staff Analysis "C" (page 25) below.
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KA1Planning> Dept\Eagle Applicat:ions\CPA1 20081CP -07-08 & A-05-08. & RZ-.l 1-08 ccfl.doc
M. PUBLIC USES PROPOSED: None
N. SPECIAL ON -SITE FEATURES:
Because the site has been changed over the decades, and is home to a golf course., there are no
apparent Special on -site features.
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required. The applicant has submitted a document titled "Habitat Review" date stamped by the
City on October- 30, 2009, and an amendment to the same, date stamped by the City on May 27,
2009. In addition, the applicant has submitted a document titled ``Natural Features Analysis" date
stamped by the City on. October 30, 2009, and an amendment to the same, date stamped by the
City on May 27, 2009. Copies of the aforementioned documents are attached to this report and.
brief descriptions are provided above under item. L "General Site Design Features".
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is within the Eagle Sewer District's planning area. A memo from the District's engineer
dated May 19, 2009 (date Stamped by the City on. May 29, 2009) states that the area bounded by
Chinden to the Rim. (bench) and Meridian Road to Linder Road would be limited to serving 480
equivalent residential. units (ERU's). The site is located within the United Water certificated water
service area; the applicant is required to provide proof that Service is available.
Q. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
R. NON -CONFORMING USES: Upon annexation :into the limits of the City of Eagle, the site lnay have
buildings, landscaping,, parking etc. that may fail short of full compliance with Eagle City Code
relative to design and setbacks. The use of a golf course is generally permitted or conditionally
allowed in most zoning districts within. the City. Upon any redevelopment of the site, the
development would need to comply in all respects to Eagle City Code and or other recorded
agreements entered into by the City and the applicant.
S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments which appear to be of special concern are noted below:
ACHD Provides site specific requirements the District may require when a future development
application is reviewed.
Chevron Pipeline — Alo conf7ict with the Chevron Pipeline
Department of Environmental Quality - Recotntnend verifying that there is adequate water and sewer to
,serve the project,.
Eagle Sewer District — A memo frorrr. the District's engineer dated May 19, 2009 (date stamped by the Ciry
on. May 29, 2009) states that the area bounded by Chinaclen to the Rini (beach) and
Meridian Road to Linder Road would be hinited to serving 480 equivalent
residential units (ERU's).
Idaho Transportation Department — Multiple letters submitted to the City speak to proposed development
at the intersection of Chinden and Linder as well as access concerns for the
subjectsite..
T. LETTERS FROM THE PUBLIC: (as of October 1.5, 2009)
The following letters have been received and are incorporated herein by reference:
Letter- from Jeff and Elene Swanson, 2980 S. Meridian Road, date stamped by the City on June 8,
2009.
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KAPIannim, Dept\ aglc Applications\CPA120081CPA-07-08 & A-0 -08 & R7-I t-08 edt.doc
E-mail from Mark Montierth, 7175N. Springcrest Place, date stamped by the City on June 8, 2009.
E-mail. from Eileen Winterrowd, 71'02 N. Springcrest Place, date stamped by the City on June 8, 2009,
E-mail from Lee and Larry Swidcr, 7176 N. Springcrest Place, date stamped by the City on June 10,
2009.
Letter from Mimi Plumb, 854 River Heights Dr., date stamped by the City on July 6, 2009.
I.
E-mail from Lynn Trosper, 71.10 N. Springcrest Place, date stamped by the City on July 13, 2009.
Letter from. Dana Erdman, 7283 'Winward Dr., date stamped by the City on July 27, 2009.
Letter from Judith Erdman, 7283 Winward Dr., date stamped by the City on September 8, 2009.
Letter from Lee and Larry S wider, 71,76 N. Springcrest Place, date stamped by the City on October 13,
2009.
Letter frorn Larry Sandusky, 7602 Canyon Drive, Meridian, ID 83642, date stamped by the City on
October 15, 2009.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• The golf course property is currently zoned RUT (Ada County designation) while the 5-acre parcel is
C�
zoned R1 (Ada County designation). Respectively, the Comprehensive Plan Land Use Map designates
these sites as Public/Semi-Public and Transitional Residential.
Chapter I - 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:
C)
a. To protect property rights and enhance property values.
c. To ensure that the economy of the City of Eagle and its AOT is protected and
enhanced.
Page 7 of 55
KAPIannint, DeptUngle Applicaticnis\CPA120081CPA-.07-08 & A-05-08 & RZ- 11-08 cd.l.doc
e. To avoid undue concentration of population andovercrowding of 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 seace
5%
1.2.1 Idaho Code:
Understanding the constraints of the existing AOI, the City of Eagle began to look at the
.requirements for establishing an expanded area of city impact. Under Idaho Code §67-
6526(b), the following three factors are paramount in establishing an area of city impact:
0 4--
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 AOT. 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
0
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
0
plans to improve State Highway 16 from a two (2) lane roadway to at least a nine (9)
lane system (including light -of -way) in excess of one quarter (1/4) mile wide. This
0
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 mototized transportation. In addition, it is unlikely that property
owners cast of the new highway corridor will. feel identified with a city center that is
entirely cutoff 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
Hiahwav 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.
tP 4:)
Pan 8 of 55
L_
KAPIanning DeptTagle Applicatioiis\CPA12008\CPA-07-08 & A-05-08 & RZ-1. 1-08 cefl.doe
1.3 The City of Eagle Vision Statement
We envision that in the future Eagle will be:
a. known as a highly livable town that successfully balances growth with many of the
rural elements of its heritage;
b. interconnected with user-friendly pathways and roadways;
c. economically strong with a distinct downtown economic center;
d, providing diversified employment and housing opportunities for all economic groups;
f. an economically strong city, that fosters local. businesses and clean industry;
h. 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 hive, work, and recreate.
1.6 Relationship to Ada County Planning
The goals and policies of this plan are intendedto be applied within the Eagle City limits
and the negotiated Eagle Area of City Impact. The City acknowledges that the county
may not have all the tools and codes necessary to implement this plan and will, upon.
transmittal and ;review, recommend to the county which county codes and appropriate
conditions should be implemented to best implement and meet the intent of the Eagle
Comprehensive Plan. It is the desire of the. City of Eagle to have all urban development
that occurs in the Area. of City Impact to be under the jurisdictional authority of the City
and connected to municipal services.
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Chapter 2 — Property Rights
2.4 Implementation Strategies
a. Land use development regulations should be designed to protect the health, safety
t> zn
and welfare of the community, and to avoid any unnecessary conditions, delays and
costs.
b. The protection and preservation of private property fights should be a strong
consideration in the development of land use policies and implementation standards
and regulations and as required by law.
Z�
c. The Comprehensive Plan and implementing ordinances should strive for stable and
consistent policies regarding development densities and requirernents.
d. All changes in the comprehensive plan and land use entitlement should be reviewed
0
in compliance with this plan and the visioning plan for the western area. (Ma 2. 1.)
b p
Chapter 4 — Schools, Public Services and Utilities
4.1 Background
l-
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
0
basic services of water, sewer, school, police, fire and library to residents. With Eagle's
growing population comes the need for increased public services -,.Ind the necessity to
improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded play an
important role in the location and intensity of future housing, commercial and industrial
development. Since the City of Eagl
e depends on outside providers, it must be involved in
any plans that will. affect the community. Service providers currently include:
b. The Eagle Sewer 'District which provides sewer service within a designated sewer
Z-- C�
service area. Larger lot homes have wells and septic systems and must comply with
Central District Health Department requirements.
4.7 Sewer
4.7.1 Sewer Existing and Future Conditions (reads in part)
The Eagle Sewer District (ESD) was established in 1963 as a public entity separate from.
the City of Eagle. The ESD service area generally corresponds to the area within the
Z>
Eagle City limits. Extensions of the ESD service area are accomplished by actions of the
ESD Board of Directors, and for the most part match annexations to the City. However,
the extensions do not have to match annexations to the City either in location or in time.
It is the. City of Eagle's policy to accommodate orderly and appropriate development at a
pace that does not unreasonably impede or burden. the development process. Timely
extension of sewer service is an essential feature of orderly development. Hence, in the
future the City of Eagle will take an active interest in sewerage and wastewater issues.
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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
C,
developments in the Area of City Impact & the Eagle Foothills.
b. Ensure that the ESD expands its sewerage and disposal facilities at a rate that will stay
Z13
ahead of and thus not impede orderly development as envisioned in other sections of
this Comprehensive Plan.
Chapter 5 — Economic Development
5.3 Economic Development Goals
-Ensure the ability for the City to continue to fund, improve and support itself, including
C
infrastructure, without the use of building permit fees, impact fees and zoning fees.
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.
Identify areas that, due to the nature of existing uses, future uses and/or transportation
corridors, will ].end thernselves to increased business activity and nonresidential use so as
to preserve larger areas as primarily residential neighborhoods.
Increase available jobs within the City of Eagle to levels comparable with adjacent
communities.
5.5 Economic Development Implementation Strategies
f. Seek new commercial development that will complement the Central Business District
and Eagle's rural residential identity to locate adjacent to but. outside the Central
Business District.
h. Promote additional employment opportunities and expand the economic base by:
L Encouraging growth and expansion of existing businesses and industry, and
2. Attracting additional business and industry so residents will be provided with
adequate commercial services and facilities.
i. Encourage the balancinc, of cornmercial uses throughout the City, the western.
C� C--
planning area., and the Foothills to avoid overloading key intersections and individual
planning areas.
j. Enforce the sizing and scaling of commercial and mixed use areas as specified ill
the land use chapter.
k. Encourage the interconnectivity of residential. and nonresidential areas within the
western C7
planning area, and the Foothills to the existing CBD and. greenbelt system.
C,
1. Discourage isolated or strip commercial uses.
M. Promote and recruit additional employment opportunities that allow Eagle residents to
live and work within the City of Eagle.
Page 11 of 55
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Chapter 6 — Land Use
Table 6.1
Mix of Uses (including Foothills)
Mixed Use,
Business,
Industrial
62%
Ca Residential
X.,
❑
30%
Parkslopen
8% space
6.4 Land Use Goals
b. Ensure the ability for the city to continue to fund., iii-iprove and support itself
(Including infrastructure) without the use of building permit fees, impact fees and
zoning fees.
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c. Identify areas that, due to the nature of existing uses, anticipated uses, and/or
trail sportation corridors, will lend themselves to increased activity and non-residential
use while preserving larger areas as residential neighborhoods.
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d. Preserve the function of regionally significant roadways transacting the City while
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ensuring compatibility with land uses and design standards of the City.
e. Identify areas that will provide significant employment opportunities to the residents
of the City of Eagle, thereby supporting the City as a desirable place to live, work, and
recreate.
6.6 Land Use Tmplementation Strategies
b. Establish land use patterns and zoning' districts that do not exhaust available services
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such as sewer, water, police, fire, recreational. areas, highways and transportation
systems.
c. Provide for a broad spectrum of housing types including apartments, townhouses,
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condominiums., single-family attached, manufactured homes, affordable and
subsidized housing g and large -acreage developments.
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d, Discourage strip commercial type development.
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e. Signage for non-residential uses should be incorporated as a master sign plan rather
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than individual signs when located along State Highways and entry corridors.
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r. Consider annexing any parcels of land allowed to be annexed by Idaho Code 50-222.
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.
Page L2 of 55
471
KAPIaniihig DeptTaglc Applicat.ions\CPA120081CPA-07-08 & A-05-08 & RZ- 1, 1 -08 ccf kloc
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
0
methods as determined through gh the development review process.
z. Subject. to all commercial and subdivision development within the City to Design
Review.
aa. Discourage the creation of single use commercial and office districts.
bb. Encourage the development of districts that serve a variety of uses.
cc. Discourage mid -block commercial development along arterial and collectors unless it
is specified in the plan.
NOTE: The Eagle CityCouncilapproved through Resolution 09-19 the 2009 Comprehensive Plan
with the Rim View Planning area text incorporated. below.
6.8 Land Use Sub Areas
6.8.7 Rim View Plannina Area
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The Rini View Planning Area contains a Jame amount of existinc, residential uses that have
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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
B. Access
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 comer 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 a residential density of up to
I unit per acre. Units may be clustered to provide for transitional lot sizes to ensure
compatibility of new residential uses to existing residential uses and the commercial. and
existing
uses located at Linder Road and Chinden.
3. Patio home styles and alternative lot sizes may be allowed in exiting conjunction with
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open space and recreation areas located in. theRim View Area. The patio homes and
townhouses may be located near the commercial area.
1. Access to the area should focus on new internal. linkages
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2. Primary access should be on Linder Road with limited access onto Chinden Boulevard
only in accordance with ITD'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
Page 13 of 55
KAPIanning DeptEkgle Applications\CPM200MCPA-07-08 & A-05-08 & RC-1 1-08 ccfl.doc
the planning area. Cross -access and local. stub streets should be used to allow the
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planning area to be :interconnected without the need to access the arterial and state
Z_--
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 to access commercial./services use along Linder Road.
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4. Chinden Boulevard should be recognized as a gateway corridor to the City of Eagle and
development should adhere to proper berming, landscaping, and appropriate setbacks to
1-
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 and recreational uses
CII
currently present in the area.,
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 pedestrian linkages to the residential areas adjacent to the site. (See
illustration 6.5)
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
11:3
character of the gateway corridor of Chinden Boulevard.
5. Sianage for all. non-residential uses should be designed to be consistent and
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complimentary, with place -making being the primary objective and Identification of uses
being secondary.
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6. Non-residential areas should be designed with features and materials intended to
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compliment and buffer residential uses and to avoid creating a tunnel or wall effect along,
the backside of the large buildings.
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D. Issues
1. One of the main concerns in the development of this area is the ability to properly balance
the commercial uses with residential. uses. New uses should be designed in a manner that
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provides a cohesive transition between the commercial and residential. uses, incorporating
elements that will provide a common and cornplimentaiy identity between the two.
2. Considering the large amount of undeveloped or underdeveloped land within the planning
area, each proposed prQject should be evaluated for the potential to provide linkages and
connectivity to local and adjacent parcels, This is necessary to establish a, functioning
J 0
collector roadway system to supports the regionally significant roadways at the south and
west of this area.
3. As this area develops, consideration should be made of the transitory uses, that leave been
approved by Ada County which may be nearing their end.
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Chapter 8 — Transportation
8.2 Street Classifications
A roadway system must include a number of streets, each of which are designated to
handle a particular type and amount of traffic. The Community Planning Association
(COMPASS) Functional Street Classification Map illustrates the various Classifications of
roadways- that are included in the Ada County roadway system. The Eagle section of the
COMPASS Functional Street Classification Map and Regional. Transportation Plan should
consider the City of Eagle Transportation/Path way Network Maps #1 and #2.
Principal arterials provide major circulation and movement through urban areas and
Z:3
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-farnily developments or planned
unit developments. On -street parking may be permitted under special circumstances.
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
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arterial may serve motorized and non-i-notorized 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.
Page 1.5 of 55
KAPIanning DeptTagle ApplicationACPA1200MCPA-07-08 & A-05-08 & R7-1 1-08 ccf Ldoc
Right -of -Way -
As shall be determined by the Highway District having jurisdiction with recommendations
by the City and seriously considered by the Highway District.
8.2.4 Residential Collectors
Mobility Function:
The primary function of a residential collector street is to intercept traffic from local streets
and minor numbers of abutting pat -eels 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
As shall be determined by the Highway District having jurisdiction with recommendations
by the City and seriously considered by the Highway District.
8.4 Roadway System Goals
Develop a transportation system to serve the planned land uses of the City of Eagle and its
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Area of Impact. The transportation system should provide regional connectivity to
neighboring cities and regions.
neighboring
Maintain the functional and connectivity of the street system for current users, emergency
response efforts, and for use by future generations.
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,
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.
L,
Communicate the access management plan to the ITD, the ACHD and the local
development community.
Protect and support the existingtn and planned roadway system connecting the City of Eagle
4L,
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.
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).
Page 16 of 55
KAPIanning, DeptkEagle ApplicationACPA1200MCPA-07-08 & A-05-08 & RZ- 11-08 cef 1,doc
Public Transit Goals
Encourage the development of a local. and y
regional public transit system. The public
4:1
transit system is to provide basic mobility for I some, alternative transportation for others,
and a non -drive alone mode for everyone.
Optimize the effectiveness of public transit through supporting land use decisions.
Promote land use changes and redevelopment plans in key areas that provide densities and
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activities that promote the use and efficiency of a public transit system.
Work regionally with COMPASS and Valleyride to plan for the potential of a regional rail
or bus rapid transit system. The SH-44, SH-16, SH-55 and US 20-26 corridors have the
greatest potential.
Coordinate with the Land Use Elements of the Comprehensive Plan to establish potential
transit nodes in the future transit corridors.
8.6.1, Roadway Strategies
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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.
e) 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 road -way improvements and roadway extensions.
k) Work regionally to integrate the pathway system with the ongoing planning and design
efforts for the SH-44, SH-16, SH-55 and US 20-26 corridors.
8.6,2 Specific Design Strategies
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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 regional
developing g roadway network.
d) Limit access to all arterial streets..
e). Discourage.A.'rect lot access to parcels abutting arterial and collector streets.
g) Develop methods, such as cross -access agreements, frontage and backage roads, to
4:3 Z:�
reduce the number of existing access points onto arterial streets.
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Page 17 of 55
KAPIanning DeptEagle Applicitions\CPA\2008\CPA-07-08 & A-05-08 & RZ- 11-08 cef Ldoc
j) Encourage planning of local roadway systems that will provide for intra-neighborhood.
connectivity. The connecting roadways should be designed to not become collectors
and to discourage traffic from cutting through neighborhoods to go from a collector or
arterial to another collector or arterial. Such intra-neighborhood connectivity is for
emergency and delivery vehicles and for local .intra-neighborhood access.
I) Work. with Ada County Highway District, local developers and neighborhoodSL in the
operation of a local traffic -calming policy that balances the needs of the roadway, the
drivers, pedestrians, bicyclists, and the traveling public.
m) A collector street system shall be pursued within each square mile of development
adequate to serve the density of development. Special requirements may be
considered in the rural and. Foothills development areas or other places where
topographic constraints or low traffic volumes limit the need for the raid-naile
collector road system. Suggestions shall be forwarded to ACHD for long range
planning purposes.
11) Develop grid: systems at commercially zoned. arterial .intersections, where feasible, in
order to support increased traffic.
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-5:5 and US 20-26 corridors
have the greatest potential. Impacts to existing or planned neighborhoods should be
considered.
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
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a) Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway Network:
Maps #1, #2, #3, adopted. local and regional pathway plans, as may be needed for
intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is not
unnecessarily pushed out onto arterials and collectors.
8.6.5 Land Use an-d Parking Stratec ies
e) Establish and require minimum setbacks between developments and roadways and to
encourage installation of benns 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.
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.
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Service level impacts shall be minimized through project modifications, traffic
management plans, street improvement plans or other means.
1) New developments shall be required to stub access to adjacent underdeveloped
parcels, where appropriate.
8.6.6 Multi -purpose Strategies
a) Ensure that transportation and regional transit improvements are constructed or funded
in coordination with Land developments. This may be accomplished with direct
funding, extraordinary impact fees, local. option sales tax and other funding
arrangements.
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.
Community design is the organized fashion in which a community is developed in order
that a general mood or theme is established and maintained. Elements of the Eagle
community design include: (a) a rural transitional community with a shopping district
functioning as the hub of the community; (b) the :Boise River and its floodplain with
wildlife, trees, and recreation opportunities; (c) the rolling hills north of the river; and, (d)
a network of canals and natural waterways which crisscross the community.
1.2.2 Goals -
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.
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.
Preserving Regional Transportation Corridors (State Highway 5.5, 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.
Identifying "Activity Centers": Identify areas that, due to the nature of existing uses,
future uses and/or transportation corridors, will lend thernselves to increased activity and
non-residential use and will therefore allow the City to preserve larger areas as primarily
residential neighborhoods.
1.2. Objectives
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 andfewer points of actress may be required.
The design review process will enable the City to address the ;special features of each
Page 19 of _55
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property and facility in a manner that willbest address the overall -intent of enhancing
Eagle's entryways. Eagle's entrance corridors may take on the look of landscaped berms
c' like those built adjacent to the Banbury and Lexington Hills Subdivisions.
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.
g. 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.
h. Reject any development that would establish or tend to establish another City center
outside of the Central Business District.
�i. Discourage excessively large single entity businesses that would Jeopardize the
1-� C)
competitive business environment.
J. Require new residential, commercial, and industrial development to meet minimum
design standards as specified by City Ordinances.
1. Develop buffer and transition zones between conflicting types of land. use.
conflicting
Develop ordinances that will establish the Urban Service Planning Area as the prime
urban., development area of the City and Area of City Impact. Development should be
allowedinthe area on.. the condition that sewer and domestic water facilities would be
provided to such development as described by the Water Supply and Sewer Policies of
the Public Services Facilities and Utilities section of this Comprehensive Plan,
r. Encourage the development of a strong community identity through urban design
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standards, downtown revitalization, Cultural activities, and visual gateways to the City.
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u. Protect and enhance, the small town character of the City by requiring signage which is
creative and distinctive, compatible with its surroundings, and an integral component
of the style and character of the building to which it relates.
w. Create a Citycomposed Of neighborhoods in which basic amenities (schools, utilities,
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parks, and services) are accessible, visually pleasing, and properly integrated to
walking ling and cycling. encourage wa C� t:�'
x. Ensure that all commercial uses are designed to be compatible with, and context
sensitive to, residential uses and environmentally sensitive areas.
Provide increased residential density along the State Highway 44 and State Highway
20/26 corridors when accompanied by alternative access plans.
z. Ensure that commercial development is scaled appropriately to the intended regional,
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community and neighborhood use.
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aa. Limit non-residential uses to designated areas and make scaling and intensity of use
paramount criteria during the review and approval process.
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bb. Ensure that gateways are properly delineated and incorporated Into development
through the use of approved landscaping, entry markers and place making g features,
11.� 0
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KA , Plann ing DeptEagle Applic-,ifions\CPA\2008\CPA-07-08 & A-05-08 & RZ- 11-08 cef I.doc
dd. 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)
ff. Recognize the following gateways:
1. Chinden Boulevard and Linder Road
ii. Establish a policy requiring annexation or a consent to annexation by the City of Eagle
prior to development within the Eagle area of city impact.
kk. Require all non -transmission utility distribution within the City of Eagle to be
installed underground
H. Require that all urban development shall occur under the jurisdictional authority of the
City and shall be connected to municipal services.
Illustration 12.2
Gateway Markers
Chapter. 1.3 — Implementation
13.5 Comprehensive Plan .A:mendments
From time to time, changing conditions will result in a need for comprehensive plan
amendments.
The Land UsePlanning Act provides for amendment to the Comprehensive Plan. The
City Council or any group or person may petition the City Planning and Zoning
Page 21 of 55.
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Commission for a plan amendment At any time. On its own. initiative, the City Planning
and Zoning Commission tray also 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 (b) months;
however text amendments may be recommended at any time.
13. b Goal
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. 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.
b. :Require any person applying, for a Comprehensive Plan amendment to submit a
justification letter for the amendment which letter shall. include the following:
I. 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 their evaluation of the
request.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
Eagle City Code, Section 8-3-3 (.D) Side And Rear Lards For Nonresidential Uses Abutting
Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40') to
any lot line of a residential district; except that the minimum yard requirements may be reduced to
fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the
council is provided. Such screening shall be a masonry or solid fence between four (4) and eight
feet (8') in height, maintained in good condition and free of all advertising or other signs.
Landscaping provided its lieu of such wall or fence shall consist of a strip of land. not. less than
twenty feet (20') in width planted with. an evergreen hedge or dense planting of evergreen shrubs
not less than four feet (4') in height at the time of planting.
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Eagle City Code, Section 8-10-1(A ): REQUIREMENTS AND RESTRICTIONS (for development
agre.ernents):
Purpose: Development agreements are a discretionary tool to be used by the Council as a condition
of rezoning. Development agreements allow a specific project with a specific use to be developed
on property in an area. that is not appropriate for all uses allowed oi- conditional in the requested
zone.
C. DISCUSSION:
Subject Property Proposed Comprehensive Plan Amendments
Since the 2004 adoption of the Western Area Plan, the City of Meridian has annexed and or
comprehensively planned for nearly 1,100 acres of land within the Eagle's area of impact. These
actions .represent the removal of 9.6% of the City's non-residential uses today, including the foothills.
See "History of Relevant Actions" on page 2 3 of this staff report.
• The applicant is requesting a change in the comprehensive plan land use map designation from
approximately 79-acres of Public/Semi-Public and 5-acres of Transitional Residential. to Mixed. Use to
allow for the development of both commercial. and residential. uses. With this format, the Transitional
Residential., element of the property will remain mostly intact with commercial. 'uses located along
Chinden Boulevard and residential. uses located north and adjacent to existing residential
neighborhoods.
Under the "Comprehensive Plan Amendment" section (Chapter 1:3, Section 13.7 (c) (3)) within the
2000 Comprehensive- Plan the Applicant must show, "the condition or situation which warrants a
change being made in the plan.." In the July 27, 2009 (revised), justification letter provided by the
applicant,. date stamped by the City on July 29, 2009, the applicant recognizes that the parcel directly
west of this site has been designated commercial and the subiect site will, "include the transitional
component of Mixed Use necessary to buffer the existing residential and create opportunities for
neighborhood business and supplemental commercial." While this scenario has its merits, does it
qualify as a specific "condition or situation" that would necessitate a change to the plan? The
applicant states, "The reality of economics and sustainability has led the City to recognize the planned
community must include components of land use that provide the greatest diversity, job opportunities
and homes while protecting the lifestyles of those who have made Eagle their home. We see that
between 2000-2006 Eagle experienced 50%o growth. In 200"7,:the City completed ,a full. scale review of
Economic Stability for future growth of the City. That study pointed out that the city could not sustain
itself with only large lot development. The decision was made to become sustainable instead of just a
bedroom community." Obviously, a city needs to have a mix of components tresidential., commercial,
sense of community) to be a thriving and self-sustaining entity. Yet recognition of a desired change is
not a `warrant" nor is change for change sale necessarily a situation or consideration that is
appropriate for the subject area.
Needless to say, the reality is the area around the intersection of Chinden Boulevard and Linder Road
is in the throes of change — intensive change. The applicant alludes to this as stated in the justification
.letter, "This site is not limited to the confined boundaries of Eagle's Area of Impact or influence of just
Eagle." As of August 1.2, 2008, the Idaho Transportation Department had received an access permit
application, reviewed a traffic impact study(s) (TIS), or reviewed a land use plan for proposed
development on all of the corners around the intersection. They are summarized as follows:
• Northwest colder. Knight Sky consisting of approximately 1.50,000 s.f. commercial, 75,000 s.f.
office, and 125 residential units on approximately 58-acres
• Southwest corder: Knight Hill consisting of approximately 39,000 s.f. commercial, 21,000 s.f.
office on approximately 1.0-acres
Page 23 of 55
KAPIannink Dept1E�il;le Applications\CPA\'b081ClPA-07-o8 & A-05-08 & RZ7711-08 ccfI,doc
• Southeast. corner: DMG Real Estate consisting of approximately 700,000 s.f. commercial, 98
residential. units on approximately 80-acres
• Northeast comer: Eagle Island Market Place consisting of approximately 362,000 s.f. commercial.
on approximately 3 )9-acres
Combined, these pro'p'osed projects represent approximately 1,347,000-square feet of non-residential
(commercial, office) and when considered with the Wilson property (280,000 s.f. of non-residential)
totals 1,627,000-square feet (on 215-acres). For a comparison, the south side of Fairview Avenue on
both sides of Eagle Road has approximately 1,000,000-square feet of built commercial (an additional
1,000,000-square feet is slated for the north. side of Fairview). As a side note, for perspective, the
Linder/Chinden intersection will need to be the same size as the Fairview/Eagle intersection is today,
even without development occurring in the area.
Another comparison is the Treasure Valley Marketplace, a 600,000 square foot. development located
generally on the northeast corner of Karcher Road and 1-84. On the opposing side of the interstate,
and located approximately 1/2-mile away, is the Karcher Mail complete with associated satellite uses.
According to information on a flyer (dated. 4/l/08) prepared by Thornton Oliver Keller and obtained
from their website, the Treasure Valley Marketplace has a trade population of 235,542; no geographic
radius for the center was represented on the flyer.
However, it may be considered that in order to make the best of the situation at hand (a parcel located
adjacent to a regional arterial, adjacent properties approved or planned for commercial uses) a
development that is transitory in format would better suit not only the subject property but the existing
and planned residential uses to the north and east as well. With development looming on all four
corners of the Chinden/Linder Intersection, the City will need to mitigate to the furthest extent possible
the effects of this development. Staff considers the subject property a transitional site, with uses and
form (design) fading fi-orn the regional center located on the corner of Chinden and Linder to the
residential areas located to the north and east. This site is most appropriate to be termed "Limited
Service Commercial" whichis defined in the Eagle Comprehensive Plan as:
"Uses that accommodate retail sales and services for the daily self sufficiency of local
communities, ensuring that the intensity of limited commercial development is compatible with the
I
character of the area with special concern to adjacent residential uses."
While the City does not have a district labeled "Limited Service Commercial", the Mixed Use zoning
district will accommodate the types of uses that are referenced above. Staff believes that because the
40-acre parcel on the northeast corner of Chinden and Linder (regional center) already holds a size and
intensity that nears the public's threshold for commercial development; there is no compelling reason
to continue that format further cast onto this site, especially considering the City of Meridian's
planning of the three remaining comers of Chinden and Linder. There is however a persuasive reason
to have"support" uses in the form of small retail, office, and service uses to not only complement the
recrional center uses but to also benefit existinc, residential units as well as the new units that will be
constructed nearby. Typically, these "support" uses occupy buildings that run in the range of 5,000 to
20,000 square feet in size, orbiting around larger buildings in the 60,000 to 80.000 (or larger) range.
0 ZD C�
This scenario is or will be evident as the Eagle Island Market Place (EIMP) develops on the property
located to the west of this site: a larger building g consisting. of 187,000 square feet with smaller satellite
0
buildings proposed to be developed with sizes ranging from approximately 5,400 to 30,000 square -
feet.
Further, as properties to the east develop, with predominantly residential uses, there requires a certain
limitation on. form and intensity to impart both a continuous appearance and character of design and
setting as well as to act as a buffering mechanism for those non-commercial. uses,
Page 24 of 55
KAPIanni ng DeptEagle Applications\CPA12008CPA-07-08 & A-1015-084 RZ - -1 - 1-08 ecfl.doc..
Staff recognizes that there is a conditions oi- situation that may be construed as a warrant to change the
Comprehensive Plan: intensive commercial development on the :horizon at all corners of the
intersection of Chinden and Linder.. If residential were the sole use on. the Wilson property, the sudden
change from "big box retail to a residential use would not well -serve the area; the delineation between
uses would be abruptly apparent wherein the goal. is to progressively transition uses from one to
another. The visual character of the area should be designed through scale, intensity, and form to
create structures and settings that are in harmony with. existing and planned. development in the vicinity
of the site. The question of how to mitigate the condition and situation is described in the sections
below,
* Under the "Comprehensive Plan Amendment" section (Chapter 1.3, Section 1.3.7 (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". The: July 27,
2009 (revised), justification letter provided by the applicant, date stamped by the City on July 29,
2009, does not explain why there is no other "solution" to the condition or situation that necessitates a
change to the plan. Yet it does seem that the applicant alludes to a solution based upon a premise that
because it is feasible it must be desirable, expressing this idea merely through the proposed square
footage and. uses rather than through a plan or "course of action". This Hobson's Choice (accept the
only option offered or none at all) of the matter is not a solutions. and does not justify the proposed use.
Given the limited information, therefore, we must consider the applicant's proposal as their solution,
and now must assess whether the solution is viable. In this vein, the development comparisons in the
section above are presented as an attempt to evaluate and address current market conditions and
commercial absorption. While the applicant provided a "Market Square Footage/Absorption" letter
from. Bob Mitchell. of Thornton Oliver Keller (date stamped by the City on July 7, 2009), staff did not
believe the analysis was sufficient to assess whether the Wilson property is capable of supporting
280,000 square -feet of non-residential uses or, for that matter, the Chinden/Linder area supporting 1.5-
million plus square -feet. Staff used data from a demographic forecast prepared by COMPASS to
create a. rudimentary assessment to establish a trade area with a population of 235,000, similar to the
Treasure Valley Marketplace asserted trade area demographics. To draw this many people to the
1,627,000-square foot Chinden/Linder development area, the geographic zone would need to include
all of Eagle, Star, Meridian, Garden City, the north foothills; the West Bench Area of Boise,
Middleton, and beyond since this area reaches a population of only 199,930 people, based on the 2010
forecast. The 2030 estimate for this same area is 300,253. Of course this is a rudimentary assessment
but the point is again, there is no evidence to support otherwise. Yet taking a common sense approach
and making comparisons to other areas that have been developed in a similar manner as proposed
herein, it would seem that appropriate conditions are not quite present, This simple assessment does
not consider the commercial square -footage that exists in the general vicinity, which will certainly
dilute the trade area necessary for this development zone. Staff's conclusion led to the request that the
applicant provide a more detailed report, which was subsequently submitted and titled "Wilson
Properties - Market Analysis - Foxtai.l" by ROIL analytics, LLC (July 2009), date stamped by the City
on August 13, 2009 (attached). This "chain store analysis" stated, in part, the following:
o "Eagle & Fairview and the Eagle Road Corridor are regional draws, with major retailers
and numerous dining options. Meridian and Eagle are typical of burgeoning downtown
areas with both chain retail serving the neighborhood and specialty retail and unique
restaurant options that serve the neighboring residents as well. as individuals doing
business or seeking entertainment in the area. Chinden and Linder is more characteristic
of a neighborhood center, with most dollars coming from the surrounding neighborhoods.
Attracting brands such as "Whole Foods, Trader Joes, or Cabela's could allow this location
to pull much further than the primary and secondary trade area, but it would likely be a
different shopping trip than would be typical of a visit to the retail areas along Eagle Road.
Page 25 of 55
KAPIanning DeptT;a31e Applications\CPA12008\CPA-07-08 & A.705-08 & RZ-41-08 c eff.doc
Whether Chinden & Linder has only tenants that .are neighborhood -based or of a regional
nature,, neither type of retail mix should. significantly impact the central business district
(CBD) in .Eagle. Eagle residents already travel to national. retailers in the Eagle Road
corridor, Meridian and Boise and shifting their buying patterns to Chinden & Linder-
would not tale away dollars currently being spent in Eagle's CBD." (page 19)
o "Below (chart with ra .study is an estimate of retail square footage for the general vicinity
of the site; encompassing the intersection of 'Chinden and Linder. This analysis attempts
to palace tenant classes with the highest opportunity followed by those categories with
moderate opportunity, using typical configurations of tenants for similar: retail properties.
As there are numerous possible configurations for these properties, the results should be
viewed as a rou¢h estimate for high-level planning purposes. This analysis in ;no way
guarantees that the intersection can support the retail indicated nor makes any
claims to retailer success or failure at this site." (emphasis added) (page 18)
While not: meant to create doubt or to be critical. about the report, it undoubtedly speaks to the
uncertaintyof predicting retail success and moreover, is reflective of the vac ueness of this entire
proposal (application). The quandary is that while the report did speak to the site in particular; which
is necessary (of course) it did not provide the needed information, that is, of the market conditions of
the surrounding areas — "The.Bigger Picture". While the site must be able to stand on its own, it must
also be able to stand among other developments so that it will be viable now and in the future.
Subsequently, the City requested a peer review of the ROIL report by a third party, Dr. Don Reading
of Ben Johnson Associates, who prepared a report entitled "Analysis of `Market Analysis: Foxtail'
ROTC analytics, LLC (July 2009)". Some of the statements from this report include:
o "One can certainly argue that once the economy recovers, the Treasure Valley will grow
more rapidly than it has in the past few years. Given current economic conditions,
however, it is unlikely that the recovery will come soon enough and be strong enough to
attract the population. necessary to support the retail and office development indicated in
the ROTC Report by the year 2015." (page 3 )
The Reading report. references various proximate areas (to the subject site) and their current month -
supply of office and retail space, or the amount of time needed to fill vacant space. For example,
Eagle has a 50-month Supply of retail and a 60=month supply of office; West Boise has supplies of 60-
months and 40-months for retail and office, respectively. Speaking to this subject, the report states:
o "This vacant retail and office space, already constructed and on the market, will compete
for tenants within ROIC's defined trade areas. At a minimum, it means that the demand
for retail and office space in the Chinden and Linder trade area will be pushed out beyond
the 2010 and 2015 time frames." (page 5)
o "Along with proposed developments on the other three corners, the Foxtail property would
support 1.6 million SF of office and retail space according to the ROTC Report. This is in
addition to other proposed retail developments and current vacant space elsewhere in the
Secondary Trade Area. These numbers are not supported by a realistic population
projection between now and 201.5, nor by potential. competition from other developments
and vacant office and retail space." (page 7)
o "On the one hand, there is sufficient office and commercial development already planned
to serve the population of the area for many years to come. Therefore non-commercial
development of the property may be a better fit. within the City's existing Comprehensive
Plan and the vision of what it wants Eagle to be as the City matures. On the .other hand,
given the prime location, the property may well attract retailers before other planned
locations.'' (page 7)
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KAPlanning DepRE6kIe Applicat.ions\CPA\2008\CPA-07-(.i8 & A-C15-08 & RZ-11-08 cc! i.doc
Staff is not debating the differences between the studies, rather it is the scale and intensity that is the
issue — the type of retail and how much.
In staffs analysis, the leasable square footage proposed for the site creates a scenario that has not been
justified to serve this area. Further, the proposed development of the property remains in a raw form -
there is nothing to "hang a hat on" in order to appropriately measure the intensity of the proposal.
How is the applicant's proposed 280,000 square feet of non-residential uses appropriate for this area'.)
Repeatedly, it has been stated by the applicant that they have no "specific" plans, yet a commercial
designation that allows intensive uses of a regional nature is certainly the objective. The preference is
to allow the market to drive the development, which in many instances makes sense; in the long and
short land uses are in a state of flux. And yet this is all too wide open to be able to justify; without
solid dimensions and intensities, how may the proposal be deemed appropriate? How may the City
place appropriate "safeguards" to allow any development on the site? The City needs a clear concept
of the development in order to mitigate impacts (to residents, traffic and roadways, community
cohesion, and aesthetics, etc.) and assess whether the commercial uses and sizes are in line with what
the City believes is appropriate for the area. Considering the prospective development adjacent to this
site, the most appropriate measure to fall back on is one that is similar to the "neighborhood center"
concept as explained .in the Comprehensive Plan and briefly described below:
o Approximately 40 to 60 acres in size and allow up to 1.50,000 square -feet of leasable (non-
residential) space or 2,500 to 3,750 square -feet per acre (limited by terrain, access,
surrounding uses, etc.); may have residential densities of up to 6 to 10 units per acre.
o Integrate a combination of uses includino, office, retail, and residential
L11 1_7
o Located at collector and arterial intersections
c Are to be sized and scaled, clustered and massed to be compatible with surrounding
single-family uses and to add interest and character
o Normally. open-air shopping areas, with buildings oriented to streets or central plazas to
encourage pedestrian scaling and neighborhood feel
.e C�
Based upon previous public participation processes regarding the Comprehensive Plan, the threshold
of aregional commercial center lies between 250,000 and 450,000 square -feet.. Combining EIMP at
366,000 square -feet with 70,000 to 105,000 square -feet for the Wilson property the community
tolerance is met or exceeded; the regional commercial center has been staked with EIMP. Therefore,
surmising the information provided above, and that included within the two market. analyses
referenced herein, the site should be limited to the. type of development and square footage as
calculated. below:
A Neighborhood Center comprised of between. 70,000 and 1.05,000 square -feet with no single
building to exceed 7,500 to 10,000 square feet in size.
With the lack of information, the City will need to prescribe the appropriate level and breadth of
development. This must be couched. with the objective to dissuade any negative impacts upon the
vitality of the Eagle Downtown. It appears that the majority of the types of retailers that would
frequent the subject intersection typically would not locate in the downtown, either because a
downtown is not their "natural" setting, there may be established competition, or there may not be the
appropriate sized land
d form to accommodate their needs. It would then seem that most of the
competition with the downtown would come from restaurants and specialty shops, those that typically
take advantage of the traditional storefront and pedestrian oriented streetscapes typical of a downtown.
And yet, in an effort to promote smart growth practices and convenience for residents, commercial and
employment activity must be located within. close proximity of residential areas. In this instance, form
is, clearly the more dominant factor in determining where businesses locate and, that being the case, the
downtown and a mixed -use neighborhood, while both highly desirable, offer two distinct
environments. This is a policy decision the City will need to carefully weigh; clearly a balance
between commercial uses in the downtown and outlying areas will. be necessary. Again, consideration
may be given to allowing a small-scale mixed use development that is complimentary and cohesive
Z7
Page 27 of 55
KAPIanningDeptTagle A.pplications\CPA12008\CPA-07-08 & A-05-08 & RZ-1.1-08 ccfl.doc
with existine, and planned commercial and residential lands in the subject area.
• Under the "Comprehensive flan Amendment" section (Chapter 13, Section 13.7 (c) (4)) the Applicant
must identify "the public benefit that would occur from such a change in the plan." The July 27, 2009
(revised), justification letter provided by the applicant, date stamped by the City on July 29, 2009, lists
numerous statements that the applicant considers benefits, such as:
o Weld -planned community that encourages diversity in housing opportunities/fosters economic
vitality.
o Current congestion will be helped by Eagle Island Marketplace's commitment to providing
improvements to Chinden/Linder intersection
o Capture vehicle trips providing shorter travel time and greater convenience
o Help build Eagle's economic base by providing 400 new jobs
As briefly mentioned previously, the project may provide an opportunity to mitigate the intensity of the
development that is occurring south and west of the subject property, perhaps acting as a buffer to
existing properties north and east, This does not justify the subject site being developed at the sane or
even greater intensity as those planned before it. While the applicant's stated benefits would also
contribute to the City as a whole, achieving the goal of transition in form., use, and intensity would
better serve the project vicinity.
This concept was employed when the City planned the Chinden/Black Cat area to create a mix of uses
combining regional. commercial, retail, and transitional density residential uses. The vision for that
area was to capitalize on the unique topography along the rim while recognizing the need to provide
regional. commercial opportunities along Chinden Boulevard. But these commercial activities were
limited. to 40-acres, office and. light retail were to serve as a buffer between commercial and residential
uses; residential. lot sizes transitioning from 1/2 to 1 acre, with :smaller lots adjacent to office areas and
larger adjacent to existing residential.
When the City reviewed its "make-up" of commercial and residential lands, the plan was set in place
to address abundances and shortcomings, and areas were Subsequently designated for build -out.
Considering; the changes at the Black Cat and Chinden intersection and to maintain the balance that
was desired, the Chinden/Linder area was/is considered appropriate for a more intensive use than
previously planned while not significantly changing the prescribed. residential/non-residential ratio of
the City as a whole. And now we are faced with additional. commercial proposed not only on the
subject site but on the surrounding lands as well - how does this disrupt the balance`? It throws it
beyond the thresholds for intensity and size established by the public and their involvement in the plan.
When the 40-acre :Black Cat planning "format" was moved and approved for Linder, it did not mean
that the surrounding properties were appropriate and ripe for intensive commercial of the same mold..
It rneant that transition of form and use was going to be, and is, necessary to limit. the impacts to
surrounding properties AND to meet the overall objectives of the plan.
Traffic Analysis
For background, a memo to COMPASS from Pararnetrix (dated November 14, 2008), refers to the
"Traffic Analysis Technical Memorandum.", an analysis incorporated in the US 20/26 Corridor
Preservation Study that included data relative to the Chinden/Linder intersection. In 2005, approach
traffic volumes on Chinden were 14,000 vehicles per day (vpd) while Linder had 6,500 vpd; the
intersection operates at a Level of Service (LOS) D. In the year 2030, approach volumes will reach
48,000 vpd and 19,000 vpd respectively which will result in a LOS of E using a conventional
signalized intersection (a "diamond" interchange would result in an LOS of Q. See below for other
information.
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KAPIanning DeptkEagleApplicationACPAQ0081CPA-07-08 & A-05-08 &RL-I1-08 ccfLdoc
According to the Idaho Transportation Department, the Chinden and Linder intersection is now no. 5
on the High Accident Location list for District III; the previous year it was at no. 9. The Ada. County
website lists traffic counts on Chinden west of Linder Road at 20,666 vtd (8121/07) and 19,214 vtd
(6/18/09) east of Linder Road, and on Linder Road south of Chinden at 7,781 vtd and north at 9,442
vtd (10/08/2008).
• The applicant has submitted a traffic study dated October 29, 2008, and a revised study dated January
16, 2009, prepared by Thompson Traffic and Civil. Study addendums dated April 6, 2009, April 14,
2009, April 21, 2009, and a revised April 2:1., 2009, dated. June 3, 2009 (date stamped by the City on
May 27, 2009, April 27 2009, and ,Tune 3, 2009, respectively) have been submitted and principally
relate to the effects of residential development of the Yorgason property located cast of the Wilson
property. A timeline of these iterations, prepared by Thompson. Traffic and Civil, is attached to the
staff report; copies of the traffic study have been provided to ITD, ACHD, The following conclusions
of the report are presented as a summary with effort made to not present the report out of context; a full
report is attached to the staff report:
o The Wilson property is assumed to generate 8,804 vpd, based on 280,000 square -feet of
non-residential, 40 single-family residential units, and 64 m.ulti-family units — this number
will fluctuate slight depending lding on the mix of residential uses; the site is limited to 128
residential units due to sewer capacity. (Janttary 16, 2009, re/)ort)
o The Yorgason property, to be developed residentially, is assumed to generate 2,65.1 vpd,
based on a proposed density of 2.5 units per acre (275-units). Because the site is limited
to 257-units due to sewer capacity, this number may be assumed to be slightly less (2,460
vpd). (Ap-ril 21, 2009 letter, revised June 3, 2009)
o The intersections of Chinden/Linder, Chinden/Meridian, and Chinden/Fox Run all
currently operate at an acceptable LOS and under future background conditions for the
build out year (2015) will all operate at LOS F. Improvements for each intersection will
be necessary to reach an acceptable LOS for the build out year. The Communities in
Motion Regional Long Range Plan 2030 recommends expansion of Chinden (Hwy 20/26)
to four lanes. None of the proposed improvements are budgeted or scheduled for
construction by ITD in the next 5 years.
o As noted. in the letter dated July 7, 2009 (date stamped by the City on. July 8, 2009),
prepared by Thompson Traffic and Civil, the applicant believes that the use of the existing
access (currently serving the golf course) as the main access into the development is the
best option for access when considering "(i) the efforts we have made to improved
interconnectivity and local circulation in the northeast quadrant (intersection of
Chinden/Linder), (i.i.) the interconnectivity :limi.tations of adjacent properties, and (iii) our
traffic report that shows our proposed access solution works with the planned development
and road improvements in the Chinden/Linder area,
To say the least, access to the site remains a moving target at this point in time. Ideally, access could be
accommodated at a signal, such as an access road through to the signalized intersection at Fox Rim, or., as
initially proposed, moving the current signal to the west to the 1/2-mile point between Linder and Meridian
roads. Also, initial discussions had been airned at a sharedaccess at the common property line with the
EIMP project, to the west of this site (approximately the 1/ mile point). The applicant now intends to
utilize the existing access initially approved for the low -volume golf course to continue as the main access
for the proposed commercial development and intensification of this access must be approved by ITD at
the time the redevelopment occurs. There are multiple concerns and impacts with either of these scenarios,
both with developers and more so with residents and the public in general. As such, there has been
resistance by one party or -another when any one of the accesses is discussed. It is important to note there
remains the opportunity to adequately facilitate an access that respects the concerns (mostly) of the parties
involved (EIMP, Wilson Properties, Foxtail residents, the City, and. ITD). With. the potential to take
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KAPiannim , Dept\Cagle. ApplicationslCPA\20081CPA-07-08 & A-05-08 & RZ-11-08 cefl.cloc
advantage of multiple connections to the: site, it would behoove the applicant to work with the neighbors,
0 p
ITD, and the City to provide internal circulation roads to serve this area while utilizing limited access
points to State Highway 20/26.
Regardless of the final. determination on access, the applicant must work with surrounding property owners
to provide adequate, safe, and efficient circulation throughout the adjoining parcels. It is imperative that
internal linkages are established that, in the northern section of the area, are predominantly pedestrian
oriented with indirect vehicle
icle linkages designed to accommodate local trips and prohibit cut -through traffic
between commercial and residential sections.. In the southern area the objective is to provide cross access
among parcels to eliminate the need for customers and residents to enter the arterial system only to re-enter
a development a few feet away. And finally, the location of a shared driveway at the common property
line. with. EINIP must remain a' consideration.
COMPREHENSIVE PLAN PROPOSED TEXT AMENDMENTS
The applicant has submitted the following language to amend the text of the Comprehensive Plan, with
underlined text proposed to be added and stdkethrough text proposed to be deleted by the applicant, City
Staff's comments appear in italici.-ed text.
6.3.16 Public/Semi Public
Suitable prin-iarily for the development of such uses as golf courses, parks, recreation facilities, 'Orreenways,
schools, cemeteries, and public service facilities such as government offices. Support activities may also
be permitted. A parcel. or assembly of parcels 75 or more acres that has at least 1000-feet of frontage on
princi,pal arterial and that is immediately adjacent to a arcel holding a commercial designation may be
developed as allowed in the mixed use designation.
All. development within this ].and use is encouraged to be designed to accommodate the different needs,
interests, and acre levels of residents in matters concerning both recreation and civil activities. Where
mixed uses are allowed, development is encouraged to be designed to buffer and complement adjacent
land uses and ensure compatibility of new development with existing and future development designations
as set forth in the Comprehensive Plan Mat).
The public/semi public land use designation is not a residential land use designation, except where mixed
uses are allowed. When a project or development is designed that contains or is adjacent to land holding a
public/semi public land use this land will not be included when calculating the allowable residential
density. Prqjects. that hold a residential designation that want to provide amenities similar to those allowed
in the public/semi public designation may transfer density within the development only when using the
standards established in the Planned Unit Development as defined in the comprehensive plan.
These changes are not necessary nor are they wart -tinted. If the proposed changes were nicide, the intent
and vision of PubliclSetnipublic land use designation would cease to exist; it would inerely become a
Tnixed use designation. Staff
not recointnend anil change to this section. of 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
In
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, and the need to buffer and preserve the existing residential developmentsi and the need to
provide commercial. opportunities for a regional commercial center alona, the j:egiena4 transportation
corridors south of the Boise River. Because of the alignment of the State Highway 16 moving further to
the west (to McDermott), no clear funding option oi- timeline for the SH 16 crossing, and recent changes in
nearby city limit boundaries (Meridian), the previously planned recrional commercial area at Black Cat no
longer is a viable location for the City of Eagle.
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KAPI.anning Dept.\Eagle Applicatiotis\CPA12{)08\CPA-07-08 cvz A-05-08 &-, R7-11-08 coffdoc
This proposed change is too broad, it seems to imply that a regional commercial center is appropriate
along the entire corridor (of' Chinden. Boulevard). Moreover the emphasis changes./roan recognizing the
importance of the corridor as fitinctioning as a regional transportation conduit. Stuff
' believes the
language as written in the Comprehensive Plan remains appropriate for dq e fining the area and thus no
changes to this section are recommended.
a. Uses
The land use and development policies specific to the Rim View Planning Area include the
following:
L 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. The
approximately 85-acre area immediately east of the commercial area (i.e" the 80-acre parcel
immediately east of the commercial area and the 5-acre Parcel at the northwest comer. of Fox
Run Ave and Chinden Blvd.) shall be permitted to develop as allowed in the mixed use
designation. It is anticipated. that an approximately forty acre area immediately north of the
commercial area also will be developed as allowed in the mixed use designation. Accordingly,
the site plan of the commercial area should be cohesive with the prospect of mixed use
development on the adjacent abutting parcels.
The Conyvehensive Plan should not be construed as the mechanism to grant an entitlement to
a property; the Plan is the establishment of policy (intent) while the zoning designation of a
site detertnines the tvpe of development; that is, zoning is the execution. of'policy. It is
necessary to ntodiA, the proposed language to show the vision of the area but not to grant the
properly a particular right; this m.ay be qf .)�)rded through a development agreement and as
such, Staff does not recommend any changes to this section of the Plan.
2. Areas designated. as Transitional. Residential should have a an average residential density of up
to 1 unit.2.5-units per acre. Units i+i" should be clustered to provide for transitional lot sizes
to ensure compatibility of new residential uses to existing residential uses and the commercial
.and office uses located at Linder Road and Chinden.
The tern. "average ' may be considered appropriate, in this instance in: order to facilitate the
clustering and higher density residential that ftlay be more appropriate adjacent to
commercial uses, and to acconnnodate till appropriate transitioning of lot sizes. The density
will be limited due to available sewer capacity.
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.
b, Access
Access to the area should focus on new interval linkages that allow adjacent parcels to provide
.Pedestrian and vehicle, connectivity into the Rim View Planning Area. Concur
Primary access should be on Linder Road with limited aeeegs e and Chinden Boulevard en4y in
accordance with ITD's access management policies. All. accesses should be designed to allow
traffic to flow through the area connecting Mendian Road to Linder Road may provide the
opportunity of future east/west residential collector linkage within the planning area. Cross -access
and localstub streets should. be used to allow the planning area to be interconnected without the
need to access the arterial and state highway network-.
C
Disagree. Nothiag in the planning oj'thisarea, as well as the 201'26 corridor has changed to not
have limited access to the roadway.
Page 31 of 55
K:Wlanning DeptTagle Applications\CPA000MCPA-07-08 & A-05-08 & RZ- 11-08 ccf Ldoc
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 to access commercial and mixed use/services use along Linde. Ro and create cross -
access into adjoin properties. Concur
Chinden Boulevard should. be recognized as a gateway corridor to the City of Eagle and.
development should adhere to proper berming, landscaping, and appropriate setbacks set: by ITD
and the City of Eagle to prevent the encroachment of abutting uses into fixture corridor
Improvements This would protect the viability of the regionaltransportation corridor as well as
buffer the abutting uses from the impacts of the corridor. Concur.
c. Design
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.
Design of this area should be compatible to the existing residential wee-r-e� uses currently
present in the area and future mixed uses. Concur -
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 vehicle and pedestrian
linkages to the mixed use and residential areas adjacent to the site.
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.
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.
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.
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. New mixed uses should be designed in
a manner that provides a cohesive transition and connectivity between the commercial and
1'esldeiitial uses, incorporating elements that will provide a common and complimentary identity
between w-o such uses. Concur
ur
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.
As this area develops, consideration should be made of the transitory non -farm uses that have been
approved by Ada County which may be nearing the expiration on the open space restrictions, as
well as the conversion of existing semi-public commercial uses to mixed uses,
Redundant; no change necessary
ANNEXATION AND REZONE
The applicant has submitted proposed conditions of development to be considered in a development
agreement for this site. These conditions were submitted with the premise that a preannexation
development agreement would be necessary since the subject property was not contiguous to the Eagle
Page 32 of 55
KAPIanning DeptTagle pplicatioas\CPA120081CPA-07-0 5 & A-05-08 fir. RZ-11-08 ccfl.doc
City limits. This application is now being considered in conjunction with another application that, if
approvedfor annexation, would provide a path of annexation to the Foxtail property; any conditions
approved with this application would apply regardless.
The applicant has submitted the following conditions of development to be included within a development
agreement (dated. 8.26.09)*. Please see staff Is comments and recommended revisions under the
beading "STAFF RECOMMENDATION REGARDING THE ANNEXATION AND REZONE"
Note — On Febrttary 22. 2014, the applicant, City Attorney and City Staff provided rei4sed Conditions o
Dei,elopin-ent which are shown. below Council Decision Regarding the Annexation and Rezone (13age 44).
3.1 Golf course operations may continue on the Property, or such portions of the Property, until
p l
Applicant elects to abandon such operations. Nothing in this Agreement shall be construed or interpreted
to limit the use of the Property for a golf course, including present and future appurtenant operations (e.g.,
driving range, retail and restaurant sales in its clubhouse, golf lessons, social events, etc,). Further, nothing
shall be construed or interpreted as limiting or preventing the Applicant from. securing and using
entitlement permits for additional golf course related structures, improvements or operations.
3.2 Nothing in this Agreement shall require Applicant to fulfill. its pre -development obligations with
C� C� Z:7
respect to any Use Area until such time as Applicant elects to abandon golf course operations in such Use
Area (as defined in Section 3.4 below); provided, however, Applicant shall not be entitled to pursue
development of any Use Area pursuant to this Agreement until its pre -development obligations with
respect to such Use Area have been completed.
3.
3 All future development of the Property shall be generally consistent with the Concept Plan (as
amended from time to time); provided, however, it is the intent of this Agreement to allow flexibility at the
tinie a detailed plan and platting are submitted to Eagle so long as the general intent of the Concept Plan
and the requirements set forth in this Agreement are met. The Concept Plan is not a fixed development
plan but only Applicant's current concept for the future development of the Property. Eagle understands
that Applicant does not have a particular project in unind at this time, so the Concept Plan only represents
Applicant's best guess of appropriate future development for the Property once it is no longer feasible or
desirable to operate a golf course on the Property. Further, Eagle understands that a number of factors may
make it convenient or desirable to change the Concept Plan -from time to time, including, but not limited to,
development of adjacent properties, location of/restrictions on access to Chinden Boulevard, locations of
roads to adjacent properties, and market conditions:
Accordingly, if the Applicant finds it convenient or
desirable to change the Concept Plan in the future, Eagle shall give any proposed changes from Applicant
fair consideration. If Eagle reasonably determines that any proposal requires public comment due. to
potential impacts on surrounding property or the community, Eagle may hold public hearings, on such
proposal as then provided by Eagle City Code.
0
3.4 The uses areas indicated on the Concept Plan (referred to herein as "Use Areas") shall be subject
to the following use, size and/or density limitations:
3.4-1 For the "MU-DA (Commercial) Use Area" indicated on the Concept Plan, the permitted
uses shall be all those that are permitted or conditional uses identified under the Mixed Use
District in the Commercial section of Eagle City Code 8-2-3 except for the following uses which
are prohibited:
• Ambulance Services
• Cemetery
.0 Circuses and Carnivals
• Drive in Theater
• Hospital
.Page 33 of 55
KAPI-ann-ing.DeptTagle Applicat.ions\CPA\2008\CPA-07-08 &:A-05-G8 & RZ, 11-08 cc[Tdoc
• Kennel
• Mortuary
• Nursing/Convalescent Home
If the permitted and conditional uses in the MU zoning g designation are expanded, such expanded
1-7
uses shall be allowed as permitted or conditional uses as the case may be. The MU-DA
(Commercial) Use Area shall be limited. to 21.0,000 square feet of enclosed building area (i.e.,
enclosed with walls and roof), with no single enclosed building area greater than 1.20,000 square
C� Z1-
feet in size and no structure abuttiric, Chinden Boulevard to exceed 20,000 square feet of enclosed
building area. Applicant shall endeavor to locate the following "target uses" in accordance with
the target use areas as depicted on the Concept Plan:
• Computer Store
• Book Store
• Restaurants (including drive thru)
• Banks/financial institutions (including drive thru)
• Specialty food stores (not greater than 25,000 sq. ft. of floor area)
• Specialty retailers
• Fitness centers
• Sporting goods stores
• Entertainment centers (i.e., movies, games, miniature golf, etc.)
• Home improvement stores
• Furniture stores
• Retail pharmacies
• Garden centers as secondary use to primary retailer
• Theater
• Feed/seed retai I
3.4.2 For the "MU-DA (Neighborhood Business) Use Area" indicated on the Concept Plan,
the pen-nitted uses shall be limited to the following; provided, however, additional uses may be
permitted if a modification to this Agreement is approved by Eagle:
• Artist Studios
• Banks/financial institutions (including drive thru.)
• Bars
• Beauty/barber shop
• Bicycle Shops
• Catering service
• Child Care Center
• Daycare Center
e Commercial Entertainment Facility (indoor)
* Communication facilities (with conditional use)
e Drugstore
o Christmas Tree Sales
• Church
Clinic (medical or dental)
Club or Lodge
• Coffeelbakery shops
• Convenience store with fuel service
• Electronic sales, service or repair shop
• Fitness Centers and Spas
o Food and beverage services
Page 34 of 55
KAPIanning DeptTaglc ApplicafionACM-100MCPA-07-08 & A-05-08 & RZ- 11-08 cef Ldoc
I" C�
• Health clubs, spas, weight reduction salons
• Home and business services
• Nursery, plant materials
• Office, business and professional
• Personal improvement
e Personal services
• Personal wireless facilities (height 35 feet or less)
• Photographic studio
• Printina and/or blueprinting
• Professional services/activities
• Restaurant (with drive thru)
• Retail sales (general, pharmacies and medical)
• Specialty Stores
• Storage (enclosed building)
C71
• Travel services
• Veterinary Clinic/Domestic Animal Retail (no non -medical boarding)
The MU-DA (Neighborhood Business) Use Area shall be limited to 70,000 square feetof enclosed
building
building area (i.e., enclosed with walls and roof), with no single greater than 40,000
C Z�-
square feet in enclosed building area and no structure abutting Chinden Boulevard to exceed
20,000 square feet of enclosed building area. Applicant shall endeavor to locate the above
permitted uses in accordance with the target use areas as depicted on the Concept Plan..
3.5 The "Residential Use Area" consists of approximately 51.8 acres (inclusive of open space). The
maximum density for the Residential Use Area shall be approximately 2.47 dwelling units per acre with a.
maximum. of 128-dwelling units, subject to the capacity of the sewer system. Residential uses in the
Residential Use Area shall not require a conditional. use permit. Multi -fatn 1 ly developments shall. be
subject to Design. Review approval. All open space requirements shall be met pursuant to Eagle City Code
8-6-5-2. Sidewalks and pathways shall be constructed in appropriate locations to provide pedestrian
connectivity throughout the site. The Residential Use Area shall emphasize transitioning with multi -family
and/or patio home dwellings
ZD adjacent to non-residential development and single-family dwellings located
p 0
adjacent to existing residential uses. Minimum Lot, sizes and Setbacks shall comply with the following for
each area as depicted on the Concept Plan:
3.5.1. For the Residential Use Areas designated as "Up to Eight Units per Acre", the permitted
uses include single-family dwellings, two-family dwellings and rnulti-family dwellings as follows:
C, t�
Minimum Lot Size: 5,000 square feet
Front Setback: 15 feet to living area / 20 feet to garage
Rear Setback: 15 feet*
Side Setback: 5 feet*
Street Side Setback: 15 feet*
*AII multi -family dwdling buildinges shall be located rninimurn of 20-fed from welling adjacent dw
ellings.
C,s.
3.51 For the Residential Use Areas designated "Up to Three Units per Acre" the permitted
uses include sincrle-familv dwellings and two-familydwellings* as follows:
Minimum Lot Size: 10,000 square feet
Front Setback: 20 feet
Rear Setback: 20 feet
Noe 35 of 55
KAPIanning DeptTagle ApplicationsTPA\2008TPA-0
C� 7-08 & A-05-08 & RZ- 11-08 ccf Ldoc
Side Setback: 5 feet (additional 2.5 feet per story)
Street Side Setback: 20 feet
"Two-farnily dwellings may only be permitted in areas directly adjacent to two-family dwellings and multi-
family dwellings located within the "Up to 8 units per Acre" area.
3.5.3 For. the Residential Use Areas Designated "Up to Two Units per Acre", the permitted
uses include sincrle-family dwe. l'im s:
Minimum Lot Size: 17,000 square feet
Front Setback: 25 feet
Rear Setback; 20 feet
Side Setback.: 7.5 feet (additional 5 feet per story)
Street Side Setback: 20 feet.
3.5.4 For the Residential Areas Designated "One Unit per Acre", the permitted uses include
single-family dwellings and two-family dwellings:
Minimum Lot Size:
Front. Setback:
:Rear Setback:
Side Setback:
Street Side Setback:
37,000 square feet*
30 feet
30 feet
15 feet
30 feet
Lots adjacent to the boundaries of the Foxtail Subdivision, Sandy Court and Winward River
Heights Subdivision shall not be less than 43,560 square feet in size
3.6 Eagle shall not issue any development permits except permits related to the golf course and related
operations set forth in Section i above, for any portion of the M:U-DA (Commercial) Use Area or MU-DA
(Neighborhood Business) Use Areas until Eagle approves the following pre -development obligations for
such use area:
3.6.1 Applicant shall develop and submit a conceptual site plan ("Conceptual Site Plan")
outlining future phased developments. The Conceptual Site :Plan shall be generally consistent with
the Concept Phan and shall illustrate the general locations of major improvements such as
buildings, parking areas, primary drive isles, outdoor plaza areas and perimeter landsuiping. Upon
review and approval. in accordance with the procedures identified in Section 7.1 (which shall occur
prior to the issuance of a zoning certificate or final plat approval in such use area), the Conceptual
Site Plan shall be attached hereto as Exhibit C-2 and become a part of this Agreement.
3.6.2 Applicant shall develop and submit landscape guidelines, site design guidelines and
architectural guidelines to govern future phased developments. Such guidelines shall complement
landscaping, site design and architecture of the adjacent. Eagle Island :Marketplace development,
and shall be generally consistent with the design intent identified on Exhibit D. Upon review and
approval in accordance with the Design Review procedures set forth in Eagle City Code (which
shall occur prior to the issuance of a zoning certificate or final plat approval in such use area), such.
guidelines shall be attached hereto as Exhibit E, Exhibit F and Exhibit G, respectively, and
become a part .of this Agreement.
3.6.3 Applicant shall develop and subunit conceptual plans for the design, size, location and
future phasing of outdoor plaza areas to facilitate gathering points for users of such area. The
design for the plaza areas shall include items such as seating areas, artwork, fountains,
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K:V'lanning Dept\1~agle ApplicationslCPA12(08.\CPA-07-08 & A-05-08. i`, R:7,11-08 ccrl.doc
landscaping, drinking fountains, bike racks or similar features designed to establish a common
theme or identity to such areas, and shall be generally consistent with the Conceptual Site Pl.a.11 and
the design intent identified as Exhibit D. The conceptual plan shall be reviewed and approved in
accordance with Design. Review procedures set forth in the Eagle City Code prior to the issuance
of a zoning certificate or final plat approval in such use area. The final. design of each plaza area
shall be reviewed concurrently with the review of the associated commercial areas, and, each plaza
area shall be constructed concurrently with associated commercial areas.
3.6.4 Applicant shall develop and submit a master signage plan which includes exhibits and
guidelines necessary to achieve a visually coordinated, balanced and appealing signage
environment. The master sign plan shall include monument and wall sign styles, themes, and
locations. It is the intent for the master sign plan to govern all signage within the Use Area in
accordance with Eagle City Code § 8-2A. The master sign plan shall be reviewed and approved 1*11
01 Cl�
accordance with the Design Review
t, procedures in Eagle City Code prior to the issuance of a
zoning certificate or final L plat approval.
3.6.5 Applicant shall provide for and include a cross access between all commercial lots within
the development. The cross access agreement shall be reviewed and approved by Eagle's city
attorney for both form and content prior to issuance of a zoning certificate. The cross access
agreement shall be executed and recorded prior to the issuance of a zoning certificate.
1.�
3.6.6 Applicant shall construct a minimum 6-foot concrete sidewalk along Chinden Boulevard
in a meandering pattern compliant with the Americans with Disabilities Act.
0
3.6.7 Applicant shall develop and submit a conceptual plan for the design and phasing of (i)
pathways (sidewalks) within the interior parking lots of the MU-DA (Neighborhood Business) Use
C
Area and MU-DA (Commercial) Use Area to provide pedestrian interconnectivity to all portions
Of Such areas to reduce the need to drive from store to store and to promote enhanced pedestrian
movement; (ii) shelters, "kiosks" pergolas, etc, in appropriate locations to provide refuge and
visual relief to pedestrians traversing the parking lot, and (iii) pedestrian connectivity between
adjacent residential and commercial uses. The conceptual. plan shall be generally consistent with
the Conceptual Site Plan and reviewed and approved in accordance with the Design Review
procedures in Eagle City Code prior to the issuance of a zoning certificate or final plat approval.
The -final design of each feature area shall be reviewed concurrently with the review of the
associated commercial areas, and each feature area shall be constructed concurrently with
associated commercial areas.
17 Except as otherwise provided in this Agreement, all future development of the Property shall
comply with Eagle City Code as it exists in final fon-n at the time this Agreernentis recorded.
0
3.8 Prior to submittal of any final plat application for any portion of the Property, such portion of the
Property shall (i) be annexed into Eagle Sewer District's boundaries and shall comply with all applicable
Eagle Sewer District's regulations, and, conditions, (ii) have been issued any required approval letters from
Idaho Division of Environmental Quality, and/or Central District Health. Further, prior to issuance of a
building permit for any non-residential buildings that are not the subject of a final plat application,
Applicant shall provide proof of adequate sewer service to the proposed habitable buildings by causing a
letter of approval to be provided to Eagle from Eagle Sewer District.
C 9
3.9 Concurrently with the recordation. of a final plat, or prior to the issuance of a Certificate of
Occupancy for any non-residential building, for any portion of the Property, the Applicant shall record
conditions, covenants and restrictions ("CC&Rs") against such portion of the Property that contain at least
the provisions:
'following
Pao-
ene 37 oF55
K:Tlanning Dcpt\Eagle Applicatioii,,.\CPA120081CPA-07-08 & A-05-08 & R7-1 1-08 cct Ldoc
• An. allocation of responsibility for maintenance, In perpetuity, of all community and privately
owned landscape and amenities;
• Establishment of an architectural control board for all buildings prior to building permit;
• An allocation of responsibility for the operations and maintenance of the pressurized irrigation
system for the Property.
Such CC&Rs shall be reviewed and approved by Eagle's city attorney for both form and content to assure
compliance with the conditions required herein prior to the submittal of any final plat application for the
portion of the Property.
3.1.0 Prior to the issuance of any Certificate of Occupancy for any building within any Use Area (except
bolf course -related: buildings); Applicant will construct such normal and customary phased improvements
and satisfy such normal and customary conditions required by the Ada County Highway District and the
.Idaho Transportation Department for such. Use Area. The City supports the continued use of the existing
full commercial access to Chinden Boulevard, and therefore nothing herein shall be construed to require
Applicant to comply with any condition that requires the relocation, restriction or termination of the
existing full commercial access to Chinden Boulevard. These phased improvements include, but are not
limited to, dedication of right-of-way for future road widening, roadway and intersection improvements
commensurate to development traffic impacts, construction of sidewalks along Chinden Boulevard, and
construction of driveways in the locations and configurations as determined by the aforementioned entities
or as otherwise maybe required .herein. The obligations set forth herein are without prejudice or waiver of
any right to compensation for such dedications or improvements. .Approval letters from these entities shall
be provided to the City prior to the issuance of a Certificate of Occupancy.
3.11 Due to the high visibility of the Chinden Boulevard, special attention shall be given to the design,
configuration and position of the buildings abutting the roadways. The layout of such buildings shall be
generally consistent with the building layout of the adjacent Eagle Island Marketplace project. Drive aisles
should be designed and located to complement the design and layout of drive aisles in the adjacent Eagle
Island Marketplace project. All lots and buildings shall. be configured to screen any and all loading areas
and trash enclosures from..view as seen from residential uses or public roadways. Building placement shall
be designed such that parking areas are not concentrated between the buildings and Chinden Blvd. The
side of any buildings facing the roadways shall be provided with architectural design elements and
architectural relief, as may be approved by the Eagle Design :Review Board.
3.12 All. buildings shall be set back a minimum of 105-feet from the centerline of Chinden Boulevard to
accommodate future corridor widening.
3.1.3 The MU-DA (Neighborhood Business) Use Area and MU-DA (Commercial) Use Area are
expected to take access from the existing commercial access to Chinden Boulevard.
3.14 Wilson Properties shall work with the neighbors immediately west of the Foxtail Parcel to locate
vehicular and pedestrian cross access approximately as shown on the Concept. Plan. The opening and use
of such cross access requires a (i) mutually acceptable reciprocal easement agreement between the owners,
(ii) Wilson Properties' confirmation that such cross access will not pose access, traffic, safety or other
adverse issues for the Foxtail Parcel. or the Fox Run Parcel and (iii.) a traffic study showing no adverse
impact on the Foxtail Parcel's commercial access.
3.15 Wilson Properties shall work with the neighbors to the east and west of the north half of the
Foxtail Parcel to coordinate location of not less than one road connection suitable for a future road between
Linder Road and Meridian Road. Such road connection need not be a collector road unless required by
Page 38 of 55
KAPIannino Dept\i✓ngle AAplictttions\CPA\2008kCPA-o7-OS & A-0-5-08 & RZ-.11-08 ceft.doc
ACHD and warranted by the anticipated traffic volumes
3.1.6 The Applicant shall continue to work. with the City of Eagle, 1TD, ACHD and other property
owners in the northeast quadrant of the US 20/26 and Linder Road intersection to support interconnectivity
with the goal of fostering internal circulation that will reduce local traffic use of US 20/26.
3.17 The development shallinclude buffers pursuant to Eagle City Code 8-3-3 D for any commercial
uses located adjacent to any property with a residential zoning designation. All service areas (loading
bays, trash compactors, etc.) shall be designed to lessen impacts (noise, glare; odors, etc) upon adjacent
residential uses. The storage of materials, packing supplies, and merchandise is prohibited within the
service -drive aisle and service areas. Tasteful displays of merchandise may be permitted outdoors if
approved through a development application.
3.18 Any building with a proposed drive-thru shall be designed in such a way as to compliment the
entirety of the Property and if Located near residential uses or a public way shall provide a minimum forty-
eight inch. (48") grade separated berm and/or screen wall with vegetation adjacent to the drive-thru lanes to
reduce the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and vehicle cueing).
Design styles exceeding the standard utilitarian look of a building with a drive-thru shall be required. The
City may place reasonable limits on the hours of operation of all dl-ive-thru uses to ensure compatibility
with adjacent uses.
3.19 The Applicant shall provide bus stops as may be required by the City of Eagle. The location and
placement of the stop(s) will be done in conjunction with other property owners at the US 20/26 and.
Linder Road intersection, in cooperation with ITD, ACHD, Eagle, and the city of Meridian. Foxtail will
pay its fair share of reasonable costs proportionately with other developments.
3.20 Deliveries shall be conducted from the hours of 7:00 .am. to 1.0:00 pm.; all other operations of the
site shall comply with Eagle City Code Section 4-9.
3.21 All non-residential (commercial) mixed uses may be subject to reasonable dark -sky lighting, noise,
or related limitations at the design review approval stage to address additional concerns that may arise.
3.22 The Property is Currently located within the Meridian Fire District and, therefore, Applicant shall
work with the Meridian Eire District for all fire service/protection issues, unless annexed into the Eagle fire
district service area.
STAFF RECOMMENDATION PROVIDED 'WITHIN THE STAFF REPORT REGARDING THE
COMPREHENSIVE PLAN:
Based upon the information provided to date, staff recommends approval of the comprehensive plan map
and text amendment as provided within the staff report.
STAFF RECOMMENDATION PROVIDED 'WITHIN THE STAFF REPORT REGARDING THE
ANNEXATION AND REZONE:
Based upon the information provided to date, and the analysis contained within the staff report, staff
recommends approvalof the annexation and rezone with the conditions to be placed within a development
agreement as provided. within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on June 1.5
2009. The Commission continued the item to July 13, 2009, at which time the applications were remanded.
to staff. The applications were re -noticed and came before the Eagle Planning and Zoning Commission for
their consideration on October 26, 2009. The Commission continued the item to November 16, 2009, at
Page 39 of 55
KAPIannino Dept\ agle A.pplicaionslCPA1200$ICPA-07-08 & A=U5-0$ & RZ4 -08 cefl.dac
which tli-ne public testimony was taken, the public hearing was closed. The Commission made their
recommendation at that time.
B . Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by three
(3) individuals (other than the applicant/representative) who felt that this development is a great
opportunity for the strategic growth of the City relative to the tax base and job growth; the need to protect
this "gateway" into the City from the encroachment of the City of Meridian; others expressed their.
P"
e M c1thy to the Commission's difficult decision; the importance of traffic safety; the need to have a funding
system to provide necessary infrastructure; the importance of sustainability, mix of uses, and higher
her
densities; and the advantage of master planning multiple parcels.
C. Oraltestimony in opposition to this proposal was presented to the Planning and Zoning Commission by
eleven (11) individuals with concerns regarding increases in traffic and safety issues on heavily traveled
Chinden and Linder Road, as well as impacts on the intersection; increase in noise pollution; the size of the
co.i-i-imercial project is too big for the area and does not meet the intent of the comprehensive plan agreed
upon two years ago; the density is not appropriate for this area; the need to maintain the Comprehensive
Plan as it is currently written; the need to protect the existing neighborhoods; projected population growth
does not support the ROIL report findings; projected project build -out time frames are not realistic; claims
that the developer has not satisfactorily maintained contractual. berming; the lack of consistent answers
from the developers; request to leave property as -is or purchase property for a city park; the need to buffer
commercial from residential; the need to have more conservative analysis of a project relative to financial.
concerns; and developers should pay for their impacts to infi-astructure.
D. Oral testimony neither in favor of nor Zoning
opposed to this proposal was presented to the Planning and Zoni
p ?.I-,
Commission by one (1).individual who stated that the Idaho Transportation Department is not opposed to
moving the signal located at Fox Run and Chinden west to the 1/2-mile and that directing traffic to the
C)
signal is more than a desire but a need to safely accommodate the amount of vehicle trips (600 vph). that
C)
may be generated if.the the site went to "big" retail, a right-in/right-out n/ri g al
C� ,bt-out access to Chinden is a challenge to ITD
— the access can work properly for entering vehicles if the internal circulation is designed to not hinder
traffic yet delays and potential conflicts will be present for trips exiting.
I
.E.. Written testimony in favor of this proposal was presented to the Planning and Zoning Commission by two
(2) individuals who felt that this development is a great opportunity for the strategic growth of the City
relative to the tax base and job growth; and the need to protect this "gateway„ into the City from the
C
encroachment of the City of Meridian; and the dependency on this property being annexed to aid in
completing the Eagle Island MarketPlace west of this site.
4--
COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN:
The Commission voted 4 to 0 to recommend approval of CPA-7-08 for a change to the land use designation
on the Comprehensive Plan Land Use Map from Public/Semi-Public to Mixed Use with text in the
Comprehensive Plan for the Rim View Planning Area to be amended as provided in their Findings of Fact
and Conclusions of Law document dated November 23, 2009.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
Commissioner Aizpitarte moved and Chairman Tanner seconded to recommend approval of A-05-08 and
RZ-1. 1-08 for an annexation and rezone from RUT (Rural Urban Transition - Ada County Designation) to
0
MU-DA (Mixed Use: with a. Development Agreement). Commissioner Aizpitarte and Chairman Tanner
voted in favor of the motion and Commissioners Smith and Roehling voted against the motion.
Commissioner. Villeg,,,a s recused himself from action on this application. Since the vote resulted in a tie and
since no other motion was made, the tie vote resulted in a recommendation for denial.
Page 40 of 55
K-.0anninIg DeptTifgle Applicat.ions\CPA\20081CPA-07-08 & A-05-08 & RZ-11-08 ccfl.doc
Tn his dissenting vote, Commissioner Smith felt that the project proposed via the development agreement
contradicts the quality of life expectations expressed through the Comprehensive Plan and by the residents
of the area. The development of property within or adjacent to existing neighborhoods, is a matter of equity
Z�l
and exchange — the neighbors have an understanding and high expectation of the goals for the area and the
C) C Z:� 0 0
developer has a high obligation to engage the neighbors to give consideration to these expectations. While
C7 C7
the applicant was very poised and presented the proposal well, there was not enough commitment on
behalf of the applicant to reasonably honor the concerns of the neighbors. Commissioner Smith concluded
C)
that because there has not been an adequate i.e.
exchange, benefit, for the loss that would be experienced
exchange,
by the neighbors, lie could not vote in favor of the development as proposed. In his dissenting vote,
C� :.D
Commissioner Roehling felt that the proposed annexation and zoning of Lot I., Block 2 of Foxtail
Subdivision, a residential parcel., with the commercial portion of the proposed development would not be
consistent with the intended use and character of the parcel. relative to the surrounding parcels.
C>
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held. before the City Council. on December 1.5, 2009, at which
time public testimony was taken and the public hearing was continued to January 12, 2010, to allow the
applicant time to meet with the adjacent neighbors. The public hearing was continued to February 9. 2010,
and again to February 23, 2010, where additional limited testimony addressing neighbors concerns was
allowed and the hearing was closed. At this time the City Council scheduled a mediation session for this
item on .March 2, 2010, and continued. the applications to March 9, 2010, at which time the Council made
their decision.
On February 23, '17-010, the City Council ordered mediation and, pursuant to Idaho Code § 67-6510,
directed staff and Council. representatives to mediate with the applicant and the affected neighbors and
bring potential changes ages to the Conditions of Development. (to be placed in the development
1-1
back for Council consideration at. the March 9, 2010, meeting. On March 2, 2010, a mediation session was
held between the applicant and the affected neighbors regarding the development. (See Mediation
0 0 0 p
Summary attached hereto and incorporated herein by reference as Exhibit A).
B. Oral testimony in favor of this proposal was presented to the City Council by three (3) individuals (other
than the applicant/representative) who felt that this development allows the city to expand its jurisdictional
boundaries; is a great opportunity for the strategic growth of the City relative to the tax base and job
growth; the need: to protect this "Gateway" and the City from the encroachment of the City of Meridian;
:1 -
the importance of sustainability, mix of uses, and higher densities; the developers know where these types
of developments need to be located, design
Eagle has required developers to desn projects "correctly"; and
I L,
Eagle will have the opportunity to control the design of the site rather than another entity.
C� C)
C. Oral testimony in opposition to this proposal. was presented to the City Council, over the course of the
regarding hearings, by ten (10) individuals with concerregardingincreases in traffic and safety issues on heavily
Z1_ C7
traveled Chinden. and Linder Road, as well as impacts on the intersection; the safety and viability of a full
access on Cbinden is questionable, the size of the commercial project is too big for the area and does not
meet the intent of the comprehensive plan agreed upon two years ago; the need to maintain the
Comprehensive Plan as it is currently written the comprehensive plan has been changed three tinies
recently; the density..i.s not appropriate for this area; the need to protect the existing neighborhoods and
Cl ID
maintain the rural feet; the project does not provide proper transition from the proposed development to the
existing uses; claims that the developer has not contacted. or satisfactorily maintained communication with
neighbors; the lack of consistent answers from the developers; request to leave property as -is or City
C� - -
purchase property for a city park; the need to buffer commercial from. residential.
D. Written testimony in favor of the proposal was presented to the City Council by three (3) individuals who
are anxious to see the property annexed to allow further development of adjacent properties, the applicant
Page 41 of 55
Z:
K:\PlaniijrigDept\L-'at,leApplicationskCPA\2008\C,P-A-07-08 & A-05-08 & RI- I 1 -08 cef1doc
0
has had successful business transactions in the past, and that if the proposal was not approved by Eagle
then the applicant could potentially move the project to one of the other three corners of the intersection. of
Chinden and Linder.
E. Written testimony in opposition to this proposal was presented to the City Council. by one (1) individual
who felt that certain proposed development conditions, relative to portions of the applicant's latest version
of the development agreement, are onerous and present unacceptable challenges to various agencies
C�
outside the control of the City.
COUNCIL DECISION REGARDING THE COMPREHENSIVE PLAN:
The Council voted 3 to I (Grasser against) to approve CPA-7-08 for a change to the land use designation on
0 C-1)
the Comprehensive Plan Land Use Map from Public/Semi.-Public to Mixed Use with text in the
Comprehensive Plan for the RIM View Planning Area to be amended as follows, with underlined text to be
C
added by the Council and stfikethrouerh text to be deleted by the Council:
0
6.8.7 Rim View Planning Area
A. Uses
The land use and development policies specific to the Rim. View Planning Area *include the following:
1- C�
2. Areas designated as Transitional Residential should have -a an average residential density of up to
1 unit 2-units per acre. Units Fnay should be clustered to provide for transitional lot sizes to ensure
a
compatibility of new residential uses to existing residential. uses and the cornmercial and office
uses located at Linder Road and Chinden.
B. Access
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.
. Primary access should be on Linder Road with limited access onto Chinden Boulevard only in
accordance with I.TD'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
C�
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.
Internal and interconnected circulation should be used to move traffic within the non-residential
area, helping to mitigate the number of local. vehicle trips, Highway
entering State 20/26 and
jj 4D
.Linder to access commercial and mixed use/services use aleng-4:4, -,.. -- ..'e-ad and create cross -
access into ad -joining properties.
Chinden Boulevard should be recognized as a gateway corridor to the City of Eagle and
Z:� y t:5
development should adhere to proper berming, landscaping, and appropriate setbacks set by ITT
and the City of Eagle 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
C�
This area is C,
recognized as a gateway to the City of Eagle, to be integrated with appropriate
C
landscaping, entry features, and place -making features in the design of the area.
Design of this area should be compatible to the existing residential and Feefeational uses currently
C."i
present in the area and future mixed uses.
Page 42 of 55
KAPIanning
_ Depffiagle ApplicationslCPA12008TPA-07-08 & A-05-08 & RZ- 11 -08 ed 1,doc
Design of commercial and office uses should be compatible with the existing residential rises 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 effective pedestrian linkages to the mixed use and residential areas
adjacent to the site.
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.
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.
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
bui ld.i'nas.
D. Issues
One of the main concerns in the development of this area is the ability to property balance and
buffer the commercial uses with existing residential uses. New mixed uses should be designed in
a manner that provides a cohesive transition and connectivity between the commercial and
residential uses, incorporating elements that will provide a common and complimentary identity
between the two 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.
As this area develops, consideration shouldbe made of the transitory non -farm uses that have been
approved by Ada County which may be nearing the expiration :on the open space restrictions.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE:
The Council. voted 3 to 1 (Grasser against) to approve A-05-08 and RZ-1.1-08 for an annexation and rezone
from RUT (Rural Urban Transition - Ada. County Designation) to MU-DA (Mixed Use with a
Development Agreement) with. the following applicant proposed conditions of development to be placed.
within a development agreement with underlined text to be added by the Council and strikethrough text to
be deleted by the Council:-
2.1 T`andi}ions Weee, ent to Annexation.
\.'.net ^. Applicant hereby consents to the annexation of tale
entire Property by Eagle g eanditions preeedent-.
subject to the following:
2.1.1 Applieaw
ftofn Eag
receives wfitten
eeHfiffnafion
by
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♦
PaI 43 of 55
KAPlanning DeptTagle Appl cations CPA 2008\CPA-07-08 BSc, A-05-08 & RZ-11-08 ccfLdoc
2. 1.3 1. Concurrently with adoption of any annexation ord
inance affectino, the Property,
Eagle shall adopt an ordinance amending the Eagle Zoning Ordinance to zone the Property
C, 0
to MU`-DA (Mixed Use with Development Agreement) and specifically designates this
L-1
Agreement as the development agreement governing the Property; and
2,1_42 The Property is contiguous with Eagle's jurisdictional boundary.
Appheant shall pr-empOy netify Eagle in wj4tingwhen the eanditions preeedentset fef4h in,
atid 0 have been satis-fied or- ix, UpeH feeeipt of sueh fletiee, Eagle shall
tl
take all steps necessary to timely annex the Property into Eagle's corporate limits as set
forth in this Agreement, including, but not limited to, the concurrent publication of an
annexation ordinance and zoning ordinance as provided in Section 2. L-1411.
2.2
Ten*
Consent.
Applieant's
to
the
of
Pfepefty
1.
fei4h in Seetiefi 0
eeiiditiona4
thit4y (36)
eensent
frora
afine�iatieii ef
the Effeetive
set
If Bagje does
shall ex-pife
04e Pfepefty
six
nflenths
in. this Agreement
within
thii4y
not aimex and zene
this
Agfeemeiit
as pi-evided
Applieatit's
,Such
to
six (36)
I
menth per-ied,
and
eetisent
annexation 9hall
.
aThe
diseretion, fei-
abeve tet:m, may be
e*tended
by Applieaiit,
in Appheant'
by
s sele and abs
afiy pei4ad of twelve
(12)
menths or- mefe
pi-eviding,
wi-itten iietiee e
suoh e-I-e-s—
County-
to Eagle and Feeef:difig,
sueh
netiee in the
real pfepefty
feeefds ef Ad -a
Armlicant consents to annexation and rezone of the property upon
contiguity of the Property with Eagle's jurisdictional boundary within twelve (12) months
of the Effective Date. Applicant's consent to annexation and rezone of the Property shall.
continue until annexation and rezoning occurs and the Applicant shall not consent to
annexation to the City of Meridian while this agreement is in effect. In the event the City
does not complete the annexation and rezone within the fifHeffames twelve (12) months of
the Effective Date, this Agreement shall terminate and shall be null and void unless such
period of time is extended by Applicant at Applicants sole and absolute discretion by
providing. Eagle notice of such twelve (1.2) month extension. period. Such extension of
time shall be for a minimum of twelve (12) .months. Eagle shall take all steps necessary to
timely annex and rezone the Property into the corporate limits of Eagle, including the
publication of an annexation zoning ordinance(s).
3.1 Golf course operations may continue on the Property, or such portions of the Property, until
Applicant elects to abandon such operations. Nothing in this Agreement shall be construed or interpreted
to limit the use of the Property for a golf course, including present and future appurtenant operations (e.g.,
drivina range, retail. and restaurant sales in its clubhouse, golf lessons, social events, etc.). Further, nothing
shall be construed or interpreted as limiting or preventing the Applicant from securing and using
entitlernent permits for additional golf course related structures, improvements or operations.
3.2 Nothing in this Agreement shall require Applicant to fulfill its pre -development obligations with
?--
respect to any Use Area until such time as Applicant elects to abandon golf course operations in such Use
Area (as defined in Section, 3.6 below); provided, however, Applicant shall not be entitled to pursue
development of any Use Area pursuant to, this Agreement until its pre -development obligations with
respect to such Use Area have been completed.
3.3 ledg
Eagle hereby acknowledges that the bubble plan shown on the Concept Plan represents
Z� �1_
Applicant's concept for the Property. All future development of the Property shall be generally consistent
with the Concept Plan; provided, however, it is the intent of this Agreement to allow flexibility in the
development of a detailed conceptual site plan ("Development Site Plan") and preliminary plat for the
Page 44 of 55
KAPIanning DeptTagle ApplicationACPA000MCPA-07-09 & A-05-0 & RZ- 11-08 cef I.doc
Property so long as the general intent of the Concept Plan and the conditions and limitations set forth in
this Agreement are met. Applicant shall submit a Development Site Plan outlining 'future phased
developments as a modification to this Agreement prior to or concurrent with a preliminary plat
application, The Development Site Plan shall provide more detail, including but not limited to, location of
roads within the development, lot layout, lot dimensional standards, setbacks for the commercial and
residential areas, location of commercial buildings, parking areas, primary drive isles, outdoor plaza areas,
location and size of common areas and buffer areas. Eagle shall hold necessary public hearings pursuant to
Eagle City Code notice requirements to address the Development Site Plan and any changes thereafter
proposed to said plan. Upon approval by Eagle, the Development Site Plan shall be attached hereto as
Exhibit C-2 and become a part of this Agreement.
3.4 The uses areas indicated on the Concept Plan (referred to herein as "Use Areas") shall be subject
to the following use, size and/or density limitations:
3.4.1. For the"MUIWDA. (Commercial) Use Area" consisting of 23.4-acres as indicated on the
consisting
Plan, the permitted uses shall be all those that are permitted or conditional uses identified
under the Mixed Use District in Eagle City Code 8-2-3 except for the following uses which are
prohibited:
* Cemetery
* Circuses and. Carnivals
* Drive in Theater
e Kennel
* Mortuary
Restaurants with drive thru, which use is prohibited in Eagle City Code 8-2-3, shall be permitted
on not more than ten percent (10%) of the MU-DA (Commercial) Use Area (i.e., not to exceed
2.34-acres).
If the permitted and conditional uses in the MU zoning designation are expanded, such expanded
uses shall be allowed as permitted or conditional uses as the case may be. Applicant
acknowledges that certain uses may be restricted by available sewer capacity. The MU-DA
(Commercial.) Use Area shall be limited to 210,000 square feet of enclosed building area (i.e.,
enclosed with walls and roof), with no single enclosed building area. greater than 120,000 square
feet in size and no structure abutting Chinden Boulevard to exceed 20,000 square feet of enclosed
building area. Applicant shall endeavor to locate the following "target uses" in accordance with
the target use areas as depicted on the Concept Plan:
• Computer Store
• Book Store
• Restaurants, (including drive thru)
• Banks/financial. institutions (including drive thru)
• Specialty food stores (not greater than 25,000 sq. ft. of floor- area)
• Specialty retailers
• Fitness centers
• Sporting goods stores
• Entertainment centers (i.e., movies, games, miniature golf, etc.)
• Home improvement stores
• Furniture stores
• Retail pharmacies
• Garden centers as secondary use to primary retailer.
• Theater
• Feed/seed retail
Page 45 of 55
-K I APlarming DeptTagle Applical-ions\CPA\1-008\CPA-07-08 & A-05-08 & RZ-1 1-08 ccfl.doc
3.4.2 :` 5.2 aer-es as
indie-ated ofl the Coneept Plan, the peffflitted uses shall be lifflited to the
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Page 46 of 55
KcrPhin ling DeptlEagle. Applications\Cl AV20081CPA-07-08 & A-05-08 & RZ-11-08 ccfl.d«c
3-4.2 . Applicant :proposed that the 5.2 acre parcel designated Neighborhood Business Use Area
(indicatedas"Neighborhood Business" on the Concept Plan attached hereto as Exhibit C-1) be
,permitted up to 5-5,000 square feet of enclosed building area with a broad range of commercial
uses allowed as part of its overall transition planning, in addition to the commercial uses allowed
under Section 3.4.1 hereinabove. Eagle was not comfortable that such additional commercial uses
were appropriate for this area at this time. Therefore, Eagle determined that the 5.2 acre parcel
should be currently designated as a "Residential Use Area". consistent with the provisions of
Section 3.5, with the density and dwelling types as allowed under Section 3.5.1; provided that
Developer be provided the right for a possible future modification of this Development Agreement
through the ordinary Eagle process for Development Agreement Modification so that the
Applicant has another opportunity to demonstrate the appropriateness of Nei_7hborhood Business
Use for this parcel, Eagle recognizes that some non-residential uses may well be appropriate for
this 5.2 acre parcel (suchas, but not limited to, business and professional offices). Upon the
submission of an application for modification of this Development Agreement, Eagle shall
evaluate the appropriateness of allowing limited commercial uses on the 5.2 acre parcel.
.Applicant shall. provide the following information with such application : a specific site plan
providing details for --- the Vro.posed development of the parcel, including location of roads, lot
layout and dimensional standards, setbacks, building. locations, parking buffer areas and market
conditions. Notwithstanding the designation of the 5.2 acre parcel as Neighborhood Business on
the Concept Plan (C-1), the use of that parcel shall be governed by this section, and shall be
Residential Use until and unless this section is modified to allow different uses.
3.5 The "Residential Use Area" consists of approximately 5.4,22 60.4 acres (inclusive of open space).
The maxiniurn density for the Residential Use Area shall be approximately 2.47 dwelling units per acre
with a maximum of 128-dwelling units, subject to the capacity of the sewer system.. Residential uses in the
Residential Use Area shall not require a conditional use permit. Multi -family developments shall be
subject to Design Review approval. Sidewalks and pathways shall be constructed in appropriate locations
to provide pedestrian connectivity throughout C3
the site, which shall. be reviewed by Eagle upon the
submittal of a preliminary plat application. The Residential Use Area shall emphasize transitioning with
multi -family and/or patio home dwellings (higher density) adjacent to non-residential development and
single-family dwellings lower density) located adjacent to existing residential. uses. The minimum
required open space shall be comprised of no less than 20% of the total gross land area of the residential
areas provided that those residential areas containing lots greater than 37,000 square feet in size shall. be
excluded from the minimum open space calculations. Residential lots are encouraged to be clustered to
provide greater open space areas. Minimum lot sizes and setbacks shall comply with the following for
each area as depicted on the ConceptPlan. Lot sizes shall. be shown on the Development Site Plan. Any
proposed reduction in setbacks for lots proposed to be smaller than 5,000 square feet in size will require a
.modification to this Agreement. Proposed setback reductions, if any, should be submitted concurrently
with submission. of the Development. Site Plan, and Eagle shall hold any necessary public hearings
pursuant to Eagle City Code notice requirements.
3.5.1 For the Residential. Use Areas designated as "Up to Eight Units per Acre", the permitted
uses include single-family dwellings, two-family dwellings and multi. -family dwellings as follows:
Minimum Lot Size: 5,000 square feet.
Front Setback: 15 feet to living area./ 20 feet to craraae
Rear Setback: 15 feet"
Side Setback: 5 feet*
Street Side Setback: 15 feet*
All multi -family dwelling buildings shall be located a minimum of 20-feet from adjacent dwellings.
Page 47 of 55
K:T[anning DeptTagle Applicatiori.s\CPA\2008\CPA-C)7-08 & A-05-08 & RZA 1-08 cef .doe
3.5.1 For the Residential Use Areas designated "Up to Three Units per .Acre", the permitted
uses include single-family dwellings and two-family dwellings* as follows:
r"
Minimurn Lot Size. 10,000 square feet
Front Setback: 20 feet
Rear Setback: 20 feet
Side Setback: 5 feet (additional 2.5 feet per story)
Street Side Setback: 20 feet
Two-family dwellings may only be permitted in areas directly adjacent to two family dwellings and
multi-farnily dwellings located within the "Up to 8 Units per Acre" area.
3. 5. 3 For the Residential Use Areas designated "Up to Two Units per Acre", the pen-nitted
uses include single-family dwellings:
Minimum Lot Size: 1.7,000 square feet
Front Setback: 25 feet
Rear Setback: 20 feet
Side Setback: 7.5 feet (additional 5 feet per story)
Street Side Setback: 20 feet
3.5.4 For the Residential Use Areas designated "One Unit per Acre", the permitted uses
include single-family dwellings and two-family dwellings:
tl 4--
Minimum Lot Size: 37,000 square feet*
Front Setback:
30 feet
Rear Setback:
30 feet
Side Setback:
15 feet
Street Side Setback:
30 feet
Lots adjacent to the boundaries of the Sandy Court and Winward River Heights
Subdivision shall not be less than 43,560 square feet in size. The minimum lot
size of lots adjacent to the west boundary of Foxtail Subdivision shall be 17,000
square feet, as Applicant is required to construct a 1.0-feet high berm along such
boundary.
3.6 Eagle shall not issue any development permits except permits related to the golf course and related
L-1
operations set forth in Section. 3.1 above, for any portion of the MU-DA (Commercial) Use Area of N4U
DA (NoighbeNieed Business) Use Areas until Eagle approves the following pre -development obligations
for such use area:
3.6.1 Applicant shall develop and submit landscape guidelines, site, design guidelines and
C
architectural guidelines to govern future phased developments. Such guidelines shall complement
Zn. 0
landscaping, site design. and architecture of the adjacent Eagle Island Marketplace development,
and shall be generally consistent with the design intent. identified on Exhibit D. Upon review and
approval in accordance with the Design Review procedures set forth in Eagle City Code (which
,shall occur prior to the issuance of a zoning certificate or final plat approval in such use area), such
auidelines shall be attached hereto as Exhibit E, Exhibit F and Exhibit G, respectively, and
become a part of this Agreement.
C)
3.6.2 Applicant shall. develop and submit conceptual plans for the design, size, location and
future phasing of outdoor plaza areas to facilitate gathering points for users of such area. The
design. for the plaza areas shall include items such as seating areas, artwork., fountains,
C� C__
Pag .e 48 of 55
KAPhanning Dcpff6kle Appliciitions\CPA120081CPA-07-08 & A-05-08 & RZ-1 1-08 ccf Ldoe
landscapina, drinking fountains; bike racks or:k similar features designed to establish a common
theme or identity to such areas, and shall be generally consistent with the Development Site Plan
and the design intent identified as Exhibit D. The conceptual plan shall be reviewed and approved
in accordance with Design Review procedures set forth in the Eagle City Code prior to the
issuance of a zoning certificate or final plat approval in such use area. The final design of each
plaza area shall be reviewed concurrently with the review of the associated commercial areas, and
each plaza area shall be constructed concurrently with associated commercial areas.
3.6.3 Applicant shall develop and submit a master signage plbn which includes exhibits and
guidelines necessary to achieve a visually coordinated, balanced and appealing signage
environment. The master sign plan shall include monument and wall sign styles, themes, and
locations.. It is the intent for the master sign plan to govern all signage within the Use Area in
accordance with Eagle City Code § 8-2A. The master sign plan shall be reviewed and approved in
accordance with the Design Review procedures in Eagle City Code prior to the issuance of a
zoning certificate or final plat approval..
3.6.4 Applicant shall provide for and include a cross access between all commerciallots within
the development.- The cross access agreement shall be reviewed and approved. by Eagle's city
attorney for both form and content prior to issuance of a zoning certificate, The cross access
agreement shall be executed and recorded prior to the issuance of a zoning certificate.
3.6.5 Applicant shall. construct a minimum. 6-foot concrete sidewalk along Chinden Boulevard
in a meandering pattern compliant with the Americans with Disabilities Act.
3.6.6 Applicant shall develop and submit a conceptual plan for the design and phasing of (i)
pathways (sidewalks) within the interior parking lots of the MU DA (Neighbei-heed Busi H e ss) Se
e
Af-ea afid. MU-DA (Commercial) Use Area to provide pedestrian interconnectivity to all portions
of such areas to reduce the need to drive from store to store and to promote enhanced pedestrian
movement;- (ii) shelters, "kiosks" pergolas, etc, in appropriate locations to provide refuge and
visual relief to pedestli.ans traversing the parking lot, and (iii) pedestrian connectivity between
adjacent residential and commercial uses. The conceptual plan shall be generally consistent with
the Development Site Plan and reviewed and approved in accordance with the Design Review
procedures in Eagle City Code prior to the issuance of a zoning certificate or final plat approval.
The final design of each feature area shall be reviewed: concurrently with the review of the
associated commercial areas, and each feature area shall. be constructed concurrently with
associated commercial areas.
3.7 Except as otherwise provided in this Agreement, all future development of the Property shall
comply with Eagle City Code as it exists in final form at the time this Agreement is recorded. City and
Applicant recognize that having adequate sewer capacity for approved developments is critical to
sustaining orderly and appropriate growth. Accordingly, Eagle shall, pursuant to the goals and objectives
set forth in Section 4.7 of the Eagle Comprehensive Plan, continue to monitor the capacity, planned
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expansions and planned irriprovernents of Eagle Sewer District in relation to the land use entitlements
approved by City.
3.8 Prior to submittal ' of any final plat application for any portion of the Property, such portion of the
Property shall (i) be annexed into Eagle Sewer District's boundaries and shall comply with all applicable
Eagle Sewer District's regulations and conditions, (ii) have been issued any required approval letters, from
Idaho Division of Environmental Quality, and/or Central District Health. Further, prior to issuance of a
building permit for any non.-residentialbuildings that are not the subject of a final plat application,
Applicant shall provide proof of adequate sewer service to the proposed habitable buildings by causing a
letter of approval to be provided toEaale from Eagle Sewer. District.
3.9 Concurrently with the recordation of a final plat, or, prior to the issuance of a Certificate of
Occupancy for any non-residential building, for any portion of the Property, the Applicant shall record
.Page 49 of 55
KAPTanning DeptTagle ApplicationACPA120OMPA-07-08 & A-05-08 &.R7-11-08 cefl.doc
conditions, covenants and -restrictions ("CC&Rs") against such portion of the Property that contain at least
the following provisions:
• An allocation of responsibility for maintenance, in perpetuity, of all. community and privately
owned landscape and amenities;
• Establishment of an architectural control board for all buildings consistent with approvals and
Eagle City Code prior to building permit;
• An allocation of responsibility for the operations and maintenance of the pressurized irrigation
system for the Property.
3.10 Prior to the issuance of any Certificate of Occupancy for any building within any Use Area (except
golf If course -related buildings), Applicant will construct such normal and customary phased improvements
and satisfy such normal and customary conditions required by the Ada County Highway District
("ACHD") and the Idaho Transportation Department ("ITD") for such Use Area. In the design of these
improvements, consideration shall be given to US 20/26 corridor studies that have been completed and
applicable Access Management Plans that. have been adopted. Eagle supports the continued use of the
existing full commercial access to Chinden Boulevard. These phased improvements include, but are not
limited to, dedication of right-of-way for future road widening, roadway and intersection improvements
commensurate to development traffic impacts, construction of sidewalks along Chinden Boulevard, and
construction of driveways in the locations and configurations as determined by the aforementioned entities
or as otherwise may be required herein. The obligations set forth herein are without prejudice or waiver of
any right to compensation from ACHD or ITD for such dedications or improvements required by ACHD
or 1,TD. Approval letters from these entities approving the design of the required improvements shall be
provided to Eagle prior to the issuance of a Building Permit.
3.11 'Due to the b
high visibility of the Chinden Boulevard, special attention shall be given to the design,
0
configuration and position of the buildings abutting the roadways consistent with Eagle City Code. The
0
layout of such buildings shall be generally consistent with the building layout of the adjacent Eagle Island
I. C�
Marketplace project. Drive aisles should be designed and located to complement the design and layout of
Ln
drive aisles in the adjacent Eagle. Island Marketplace project. All lots and buildings shall be configured to
screen any and all loading areas and trash enclosures from view as seen from residential uses or public
roadways. Building placement shall be designed such that. parking areas are not concentrated between the
buildinas and Chinden Blvd. The side of any buildings facing the roadways shall be provided with
C; Cl
architectural design elements and architectural relief, as may be approved by the Eagle Design Review
Board.
3.12 All buildings shall. be set back a minimum of 105-feet from the centerline of Chinden Boulevard to
0
accommodate future corridor widening.
3.1.3 Internal roadways connecting between any residential and non-residential areas shall be designed
with traffic calming devices to reduce cut -through traffic, to create lower vehicle speeds, to act as a
delineator between dissimilar uses, and to ensure the safety of the pedestrian. Plans showing traffic
calming devices shall. be submitted to Eagle and ACHD and/or 1TD (pursuant to jurisdictional authority)
for review and approval in conjunction with any proposed development plans or preliminary plat,
whichever may be the case,
3.14 Wilson Properties shall work with the neighbors immediately west of the Foxtail Parcel to locate
vehicular afid pedestrian cross access approximately as shown on the Concept Plan. The opening and use
of suchcross access requires a (1) mutually acceptable reciprocal easement agr
eement between the owners,
(i,i) Wilson Properties' confirmation that such cross access will not pose access, traffic, safety or other
adverse issues for the Foxtail Parcel or the Fox Run Parcel and (iii)a traffic study showing no adverse
impact on the Foxtail. Parcel's commercial access.
3.15 Wilson Properties shall work with the neighbors to the. east and west of the north half of the
Foxtai.1 Parcel to coordinate location of not less than one road connection Suitable for a future road between
Page 50 of 55
KI\Planning.DeptTagle Applications\CPA\200MCPA-07 -08 & A-05-08 &. RZ- 11-08 cef Ldoc
Linder Road and Meridian. Road. Such road connection steall be constructed to the roadway classification
and specification required by ACHD's Policy Manual for the anticipated traffic volumes.If a collector
road is required, front on housing shall be prohibited, with appropriate buffers incorporated along both
sides of the roadway.
3.16 Applicant shall continue to work with Eagle, ITD, ACHD and other property owners in, the
northeast quadrant of the US 20/26 and Linder Road intersection to support interconnectivity with the goal
of fostering internal circulation that will reduce local traffic use of US 20/26,
3.17 Applicant shall construct a ten (10)-foot high landscaped berm. adjacent to the western boundary of
Foxtail Subdivision. Applicant shall be required to landscape the ten (10) foot high berm pursuant to
Eagle City Code Section 8-2A-7(J)(4)(c). The proposed landscape plan shall be reviewed and approved by
the Design Review Board prior to the approval of a final plat application for any development immediately
adjacent to Foxtail Subdivision.
3.18 Any building with a proposed drive-thni shall be designed in such a way as to compliment the
entirety of the Property and if located near residential uses or a public way shall provide a minimum forty-
eight inch (48") grade separated berm and/or screen wall with vegetation adjacent to the drive-thru lanes to
reduce the impact of the.vehicles utilizing the drive-thru. lanes (i.e. vehicle headlights and vehicle cue.ing).
Eagle may place reasonable limits on the hours of operation of all drive-thru uses to ensure compatibility
with adjacent uses.
3.19 Applicant shall. provide bus stops or other public transportation anode improvements as may be
required. by Eagle or the State RTA. The location and placement of the improvements will be completed in
conjunction with other property owners at the US 20/26 and Linder Road intersection, in cooperation with
ITD, ACHD, Eagle, and the City of Meridian. Applicant will pay its fair share of reasonable costs
proportionately with other developments.
3.20 Deliveries shall. be conducted from the hours of 7:00 am to 10:00 pm, all other operations of the
site shall comply with Eagle City Code "Loud Amplification Devices; Noise Ordinance" Section 4-9, or as
thereafter amended.
3.21 All. non-residential (commercial) mixed uses shall be subject to dark -sky lighting, or related
limitations in compliance with Eagle City Code, as it exists at the time such applications are made, to
address additional concerns that may arise.
3.22 The Property is currently located within the Meridian Fire District and, therefore, Applicant shall
work with the Meridian Fire District for all fire service/protection issues, unless annexed into the. Eagle fire
district service area.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, October 21:, 2008, at Foxtail Golf Course (maintenance barn),
6479 N. Fox Run Avenue, Meridian, ID 83646, in compliance with the application submittal requirement of
Eagle City Code. The application for this item was received by the City of Eagle on. November :14, 2008;
supplemental information was submitted since that time. The applicant continued to meet with neighbors
during the process to discuss development concerns.
2. Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was published in
the Valley Tunes in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on May 25, 2009. 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 29, 2009. Requests for agencies' reviews were transmitted on April 30, 2009, in
accordance with the requirements of the Eagle City Code.
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KAPIanning DepAF a 1e App.licaii ns\CPAk2008}CPA.-07-08 & A-05-08 & RZ..-11-08 c:crl.doc
On. July 1.3, 2009, the Planning and Zoning Commission remanded the applications to staff, Re -notice of
Pubic Hearing on the applications 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 in the Idaho
Statesman on October 3 2009, and in the Valley Times on October 5, 2009. 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 the Eagle City Code on October 6, 2009. Re -notice of
Pubic Hearing on the applications for the Eagle Planning and Zoning Commission was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code in. the Valley
Times on October 26, 2009. 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 October 27, 2009. The site was posted in accordance with the Eagle City Code on
November 3, 2009.
Notice of Public Hearing on the application for the City Council was published in accordance with the
requirements, of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 30, 2009. 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 November
25, 2009. The site was posted in accordance with the Eagle City Code on December 2, 260s.
3. The Council reviewed the particular facts and circumstances of this proposed comprehensive plan amendment
(CPA-07-08) and based upon the information provided concludes that the proposed comprehensive plan
amendment is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
Understanding that the Comprehensive Plan recognizes that both commercial and residential growthwilloccur
in the Rim. View Planning Area, the proposed commercial uses are more intensive than previously anticipated.
at this intersection. However, utilizing the subject property as a mixed use development may provide adequate
and appropriate transitions necessary to mitigate impacts to the existing larger lot developments to the north
and east of this site.
Further, the sizing of commercial uses to mix with transitional residential uses is beneficial to the site by
limiting the need for residents to directly access Chinden Boulevard (Hwy 20/26), resulting in better internal
trip capture by situating residential. uses within walking distance of commercial services. It is also beneficial to
require cross access and local -roadway connections to the north and east to allow local trips to circulate north
of US 20/26, without having to enter onto the regional roadway network.
4. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone (A-05-08
& RZ-11-08) with regard to Eagle City Code Section 8-7-5 "Action. by the Commission and Council", and
based upon the information provided concluded that the proposed rezone is in accordance with the City of
:Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU-DA (Mixed Use with a development agreement) is
consistent with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map since
the proposed zone will allow for a transitioning of both commercial and residential uses to mitigate
impacts upon existing residential. uses from the existing commercial uses and the transportation
corridor (State Highway 20/26). The residential lot sizes will transition from 5,000 square feet to one
(1) acre (with smaller lots adjacent to the commercial areas and Iarger adjacent to existing residential)
in size, which provides for a well -planned community that encourages diversity in housing
opportunities and fosters economic vitality.
b. The information provided from the agencies having jurisdiction over the public facilities needed for
this site indicate that adequate public facilities exist, or are expected to be provided, to serve the uses
allowed on this property under the proposed zone and conditions of the development agreement;
c. The proposed MU-DA (Mixed Use with a development agreement) is compatible with the RUT
(Rural -Urban Transition Ada County designation) zone and land use (Winward Heights
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KAPhanning .De;ptTagle Applications\CPA12008\CPA-07-08 & A-05-09 & RZ-11-08 ccfl..doc
Subdivision) to the north since the applicant will. be required to transition the intensity of uses and
residential. density as well as develop parcels (Lots) that are to be a minimum of one (1) acre in size
adjacent to that area, and;
d. The proposed MU-D.A (:Mixed Use with a development agreement) is compatible with the RUT
(Rural -Urban Transition Ada County designation), RI (Residential — Ada County designation),
zones and land uses to the east since the applicant will. be required to transition the intensity of uses
and residential density as well as construct a. ten foot. (10') high landscaped buffering beri I and
develop parcels (.Lots) that are to be a minimum of 17,000 square feet in size adjacent to -Foxtail
Subdivision, and;
e. The proposed. MU-DA (Mixed Use with a development agreement) zone is compatible with the :RUT
(Rural -Urban Transition — Ada County designation) and Rl. (Residential —Ada County designation)
zones and land use to the west since that area is approved to be developed with commercial uses in a
manner similar to those proposed. within this development, and existing residential uses will be
compatible with the residential uses proposed with this development, and;
f. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with Chinden
Boulevard (US 20/26) and the R-1 (Up to one unit per acre one acre) zone and land uses to the south
since a development- that is contains a inix of commercial and residential uses tends to capture a
portion of both .internal trips and the passing vehicle trips, thereby alleviating some of the congestion
on the adjacent roadway system. In addition, the roadway improvements required with the
development of this property will also contribute to the better traffic -functions of the adjacent
roadways. The properties south of Chinden Boulevard, and located within the City of Meridian's Area
of Impact, are anticipated to be developed with. uses in a manner similar to those approved with this
application and development agreement; andThe land proposed for rezone is not located within a
"Hazard. Area" and "Special Area" as described within the Comprehensive Plan; and
g. No non -conforming uses are expected to be created with this rezone if the conditions of the
development agreement are fully executed.
5. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone with
development agreement (in lieu of a PUD) (A-05-08/RZ-11-08) and based upon the information provided
concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a.. The proposed development is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community because;
The intent of the proposed development is to provide a mixed use development with a variety of
commercial uses and residential housing varieties which is a goal of the City of Eagle PUD ordinance.
The location of the residential. units in relation to the commercial area will provide goods and services
easily accessible to residents, reduction .in vehicle trips and a buffer between the proposed commercial
area andthe existing residential subdivisions in the area.
.b. The development be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and how such use will not
change the essential character of the same area because;
The development will be harmonious and appropriate in appearance with the proposed development to
be constructed on the adjacent property to the west (Eagle Island Market Place) and will be
appropriately buffered from Foxtail Subdivision to the east. The applicant is also required to provide a
transition utilizing lots a minimum of one (l) acre in size adjacent to Windward River Heights and
Bodily and Gunderson Springs Subdivisions to the north.
c. The development will not be hazardous or disturbing to existing or future neighborhood uses because;
The development will take access from road to be provided from Linder Road (minor arterial) and
Meridian Road (urban collector), and is bordered on the south by State Highway 20/26 (principal
Page 53 of 55
KAPIanninb Depth able A:ppli:cat.ioils\CPA\2008\C;PA-07-08 & A-05-08 c& RZ-11-08 ccfi..doc
arterial). The applicant is also required to provide appropriate buffering adjacent to Foxtail
Subdivision to the east.
d. The development does not involve uses, activities, processes, materials, equipment, and/or conditions
of operation that will be detrimental to any persons, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors.
This area is designated Mixed Use in the Comprehensive Plan therefore, the City encourages this style
of development for the area.
e. The development will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer, and schools because;
All central services are either available to the site or will be as conditioned herein, as noted within the
letters provided by the agencies having jurisdiction over the site. Development of sewer, water,
C, C)
drainage, streets, and other urban services will be provided at the developer's expense.
f. The development will not create excessive additional requirements at public cost for public facilities
and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water, state transportation department or highway
district. Because the developer provides the services in the :initial stages of development the public
service providers avoid potential liability and expenses.
or. The development is provided with parks, ponds, open areas, areas of special interest, floodplain
preservation, and/or other special features which would not typically be provided in a non-PUD
proposal because;
The applicant will be required to provide a minimum of twenty percent 20%) open space (as
conditioned herein) and additional lot transitionincy and buffering adjacent to the existing subdivisions
in the area. The proposed development will also provide an opportunity for residents to live, work, and
play in the neighborhood.
h. The vehicular approaches to the property are designed to not create an interference with traffic on
surrounding public thoroughfares because;
in 0
Access to the development will be from State Highway 20/26 (principal arterial) and from adjacent
properties as they are developed in the future. The development will include stub streets to the adjacent
parcels of this development which will. provide intra-neighborhood connectivity upon further
development of said property. The design and construction of the roadways and entrances is guided by
the Ada CountyHighway District.
C�
i. The development will not result in the destruction, loss, or damage of a natural, scenic or historic
feature of major importance because;
There are no known natural, scenic, or historic features of major importance located on the site.
j. The proposed development will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan because,
The proposed development fits well with the Comprehensive Plan since the plan nails for Mixed Use
and will provide a variety of uses to accommodate residents and the general public.
k. The proposed development will be harmonious with and in accordance with the general objectives or
with an specific objective of Eagle City Code Title 8 because;
y Z�
This application requests approval for a development agreement in lieu of a -PUD as outlined in Eagle
C�
City Code and satisfies those requirements as well as will be requited to meet the conditions herein. In
addition, the applicant will be required to provide a detailed development plan prior to submitting an
11
Pape 54 of 55
KAPIanning DeptTagle Applications\CPArLOOS'%CPA-07-08 & A-05-08 & RZI 1 -08 cef I.doc
application for a preliminary plat and the applicant will be required to submit an application for design
review and comply with all Eagle City Codes and conditions of approval of the design review.
L The benefits, combination of various land uses, and interrelationship with the surrounding area for this
proposed development justifies any proposed deviation from any standard district regulations because;
I=
The development provides for a mix of commercial and residential uses in proximity to a principal
arterial and the applicant is required to provide vehicular and pedestrian connectivity to the adjacent
parcels and/or developments.
ni. All central services are either available to the site or will be as conditioned herein, as noted within the
letters provided by the agencies having jurisdiction over the site. Development of sewer, water,
drainage, streets, and other urban services will be provided at the developer's expense.
n. The development will not create excessive additional requirements at public cost for public facilities
and services because the facilities and services will be constructed at the expense of the developer as
conditioned herein;
o. All public facilities and services are supplied by the developer and must be approved at the tirne of
installation and before acceptance by the sewer, water, or highway district. Because the developer
provides the services .in the initial stages of development the public service providers avoid potential
liability and expenses.
DATED this I I th day
of May 2010.
CITY COUNCIL
OF THE CITY OE
EAGLE
Ada County, Idaho
z
Michael Huffake
ncil President/Acting Mayor
ATTEST:
d0IP
3 0,
Sharon k-.Bergmann, Eagle City Cled
SIE, s - "
p
0 -
F
Page 55 of 55
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L-
INTER
OFFICE
City of Eagle
Zoning Administration
To: Mayor Bandy and City Council embers
From: Jeff T. Lowe, AICP, Planner II
Subject: CPA-07-08 & A-05-08 & RZ-11-08 — Wilson Properties L.P. and Wilson Holdings LLC,
represented by Gene Shaffer with CSHQA
Date: December 8, 2009
Attachment(s): Copy of Planning and Zoning Commission Findings of Fact and Conclusions of Law
document dated November 23, 2009
Copy of Memo (with attachments) to the Planning and Zoning Commission dated
November 10, 2009
Letter from Don Forrest with Fred Meyer, date stamped by the City on November 16, 2009
Letter (with attachments) from Don Knickrehm with Givens Pursley LLP, date stamped by
the City on November 23, 2009
Letter from Teri Bath of the Eagle Chamber of Commerce, date stamped by the City on
November 24, 2009
Letter from Joel Hickman with Key Private Bank, date stamped by the City on December 8,
2009
Notebook Binder (includes staff report and attachments)
Copy To: CSHQA, Attn: Gene Shaffer, 250 S. Fifth Street, Boise, ID 83702
On November 16, 2009, the Planning and Zoning Commission voted 4 to 0 to recommend approval of CPA-07-08
for a change to the land use designation on the Comprehensive Plan Land Use Map from Public/Semi-Public to
Mixed Use with text in the Comprehensive Plan for the Rim View Planning Area to be amended as provided in their
Findings of Fact and Conclusions of Law document dated November 23, 2009 (please see page 44).
On November 16, 2009, Planning and Zoning Commissioner Aizpitarte moved and Chairman Tanner seconded to
recommend approval of A-05-08 and RZ-11-08 for an annexation and rezone from RUT (Rural Urban Transition -
Ada County Designation) to MU-DA (Mixed Use with a Development Agreement). Commissioner Aizpitarte and
Chairman Tanner voted in favor of the motion and Commissioners Smith and Roehling voted against the motion.
Commissioner Villegas recused himself from action on this application. Since the vote resulted in a tie and since no
other motion was made, the tie vote resulted in a recommendation for denial (please see page 46 of the
Commission's Findings of Fact and Conclusions of Law document for more information).
As such, staff s recommendations for conditions of approval to be placed within a development agreement remain as
submitted in the staff report dated October 15, 2009 (see page 44) located within the notebook binder. The
applicant's proposed conditions are listed in the Findings of Fact and Conclusions of Law document dated
November 23, 2009 (please see page 36), as well as the applicant's version of the development agreement located in
the report (notebook binder).
Page 1 of 1
KAPlanning Dept\Eagle Applications\CPA\2008\CPA-07-08 & A-05-08 & RZ-11-08 pz action. doc
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A )
COMPREHENSIVE PLAN AMENDMENT FROM )
PUBLIC/SEMI-PUBLIC TO MIXED USE AND AN )
ANNEXATION AND REZONE FROM RUT (RURAL )
URBAN TRANSITION) TO MU-DA (MIXED USE )
WITH DEVELOPMENT AGREEMENT) FOR WILSON )
PROPERTIES L.P. AND WILSON HOLDINGS LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-7-08 & A-05-08 & RZ-11-08
The above -entitled comprehensive plan amendment, annexation and rezone applications came before the
Eagle Planning and Zoning Commission for their recommendation on June 15, 2009. The Commission
continued the item to July 13, 2009, at which time the applications were remanded to staff. The applications
were re -noticed and came before the Eagle Planning and Zoning Commission for their consideration on
October 26, 2009. The Commission continued the item to November 16, 2009, at which time public
testimony was taken, the public hearing was closed and the Commission made their recommendation. 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:
Wilson Properties L.P. and Wilson Holdings, LLC, represented by Gene Shaffer with CSHQA,
is requesting a Comprehensive Plan Map and Text Amendment to change the land use
designation on the Comprehensive Plan Future Land Use Map from Public/Semi-Public and
Transitional Residential to Mixed Use, Professional Office, and Transitional Residential, and to
amend the language in the Rim View Planning Area; an annexation and rezone from RUT
(Rural -Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development
agreement). The +/- 83.79-acre site is generally located at the northwest corner of N. Fox Run
Avenue and Chinden Boulevard (Highway 20/26) at 6479 N. Fox Run Avenue and 990 W.
Chinden Boulevard.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, October 21, 2008, at Foxtail Golf Course
(maintenance barn), 6479 N. Fox Run Avenue, Meridian, ID 83646, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on November 14, 2008; supplemental information was
submitted since that time. The applicant continued to meet with neighbors during the
process to discuss development concerns.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission
was published in the Valley Times in accordance with the requirements of Title 67, Chapter
65, Idaho Code and the Eagle City Code on May 25, 2009. 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 29, 2009. Requests for agencies' reviews were transmitted on April 30, 2009,
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in accordance with the requirements of the Eagle City Code.
On July 13, 2009, the Planning and Zoning Commission remanded the applications to staff.
Re -notice of Pubic Hearing on the applications 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 in the Idaho Statesman on October 3, 2009, and in the Valley
Times on October 5, 2009. 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 the Eagle City Code on October 6,
2009. Re -notice of Pubic Hearing on the applications for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and Eagle City Code in the Valley Times on October 26, 2009. 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 October 27, 2009. The site was posted in accordance with the Eagle
City Code on November 3, 2009.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
Foxtail golf course has been operating on the subject parcel since 1993, as approved by Ada
County. A series of changes have occurred over the years including expansion of the golf
course and the addition of accessory buildings.
On September 14, 2004, the City of Eagle adopted the Soaring 2025 Western Area plan
which expanded the City's planning boundaries generally west to the centerline of State
Highway 16 and south to Chinden Boulevard (US 20/26).
Figure 1: Chinden Bench Planning Area
CPA-11-0 6: City of Eagle: The Western Area Plan designated the area north of the Phyllis
Canal and west of Spur Wing Country Club as the "Chinden Bench Plamling Area" (figure
1). In 2005, the entire area was annexed into the City of Meridian to be developed as the
Tree Farm Subdivision. Since that time Meridian and Eagle City Council members met and
tentatively determined that it was appropriate to allow Meridian to annex properties within
this area and have the City of Eagle remove it from their planning area (pending execution of
a formal MOA memorializing the agreement). The City approved a comprehensive plan
amendment consistent with this action; however, a resolution to finalize this action has not
been adopted to date. A memorandum of agreement (MOA) between the City of Meridian
and the City of Eagle which outlines the conditions regarding the allowance of Meridian to
annex into the Eagle's planning area must be executed before the adoption of a resolution by
the City of Eagle.
In March 2005, the Meridian City Council approved AZ 05-004 — a request for annexation
and rezone of 358.57-acres from RUT to R-2 (66.02 acres), R-8 (167.02 acres), R-15
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(79.82 acres), C-N (17.26 acres) and C-C (28.45 acres) for The Tree Farm Subdivision
located on the north side of Chinden Boulevard and on both sides of Black Cat Road (west
of Spurwing Subdivision).
In the Fall of 2006, the Eagle City Council and Meridian City Council met to discuss the
Chinden Bench area south of the Phyllis Canal. At that time Meridian expressed a desire
and intent to provide urban services to the area south of the Phyllis Canal. Meridian
indicated they did not plan to service the area north of the canal (area known by the City of
Eagle as the River Plain planning area as described in the Eagle Comprehensive Plan).
In February 2007, the Meridian City Council approved AZ 06-043 — a request for
annexation and rezone of 20.51 acres from R-R to R-8 zone and preliminary plat (PP 06-
045) approval of 73 residential building lots (consisting of 46 attached single-family units
and 27 detached single-family units and 6 common/other lots) on 20.51 acres in a proposed
R-8 zone for Spurwing Patio Homes Subdivision located on the northeast corner of North
Ten Mile Road and West Chinden Boulevard (west of North Spurwing Way).
In October 2007, the Meridian City Council approved CPA 07-010 — a request to amend the
Comprehensive Plan Land Use Map to include 645-acres north of the Phyllis Canal and
south of the Boise River, extending from Linder Road to approximately 1/ mile west of
Black Cat into Meridian's North Meridian Planning Area.
Merldiarl ,
cnd Use map
( r,proximcfP; - -'
i
i~:�1ei'r'3i 1n _City Limits
Figure 2. Meridian Area of Annexation
In total, Meridian has annexed and/or provided comprehensive plan land use designations
for nearly 1,100 acres of the City of Eagle's approved Area of City Impact and
comprehensive planning area (figure 2). These actions have altered the City of Eagle's
efforts to plan the forty (40) acre commercially designated area located at the northeast
corner of Highway 20/26 and Black Cat Road. Due to the future extension of State Highway
16, that corner was recognized in the Chinden Planning Area as a regional commercial area
important to the economic well-being of the City of Eagle. Now that SH 16 is proposed to
intersect Highway 20/26 at McDermott Road, Linder Road and the Rim View Planning area
may be considered an appropriate location for a regional commercial center, in part due to
Linder Road being the only north -south connection across the Boise River in the Western
Area, and recent City Council action as noted in the following paragraph.
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Figure 3: Linder Road/Chinden
On December 16, 2008, the Eagle City Council approved CPA-5-08 & A-03-08 & RZ-8-08,
a Comprehensive Plan Map and Text amendment changing the land use designation on the
Comprehensive Plan Land Use Map from Mixed Use and Professional Office to
Commercial for the property located on the northeast corner of Linder Road and Chinden
Boulevard (US 20/26) (figure 3). This action also approved an annexation (once the
property becomes contiguous to Eagle City limits) and a rezone with development agreement
from RUT (Rural Urban Transition) to C-3-DA (Highway Business District with a
Development Agreement). As of this date, the City has approved DR-13-09, a design
review application for the Eagle Island Market Place (EIMP) and Fred Meyer development
located on the subject 38.3-acre site.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Public/Semi-Public &
RUT (Rural -Urban Transition -
Golf course
Transitional Residential
Ada County designation)
Proposed
Mixed Use, Professional
MU-DA (Mixed Use with
Proposed commercial and
Office, and Transitional
Development Agreement)
residential development
Residential
North of site
Residential Estates
RI (Ada County designation)
Winward River Heights,
Bodily & Bunderson
Springs Residential Subs.
South of site
Meridian AOI
RUT (Rural -Urban Transition Ada
Residential/Pasture
County designation)
East of site
Transitional Residential
R1 (Ada County designation) &
Foxtail Subdivision;
RUT (Rural -Urban Transition -
pasture is proposed for
Ada County designation)
residential development
West of site
Residential Estates,
RUT (Rural - Urban Transition —
Proposed Fred Meyers &
Transitional Residential,
Ada County designation) & RI
Eagle Island Marketplace
Commercial
(Ada County designation), C-3-
commercial development
DA* (Commercial Highway District
with Development Agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: +/- 83.79-acres
Total Acreage of Any Out -Parcels — None
APPLICANT'S REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
The justification letter of July 27, 2009 (revised), provided by the applicant and date
stamped by the City on July 29, 2009, is incorporated herein by reference.
L. GENERAL SITE DESIGN FEATURES:
On -site Septic System (yes or no) — No, central sewer is required as a condition of approval.
Preservation of Existing Natural Features:
A draft report submitted by the applicant entitled "Natural Features Analysis" (date stamped
by the City on May 27, 2009) indicates that various ponds, a ditch waterway, and the North
Slough irrigation waterway are present on the site. The various groupings of maintained
trees and shrubs are not indicative of a quality habitat for a range of species. The "Habitat
Review" date stamped by the City on October 30, 2008, does not indicate, preliminarily, any
potential occurrence of Threatened, Endangered, or Candidate fish and wildlife species of
concern. Vegetation is typical of a golf course; manicured trees and grasses have left the site
mostly devoid of native species.
Preservation of Existing Historical Assets:
A draft report submitted by the applicant entitled "Natural Features Analysis" (date stamped
by the City on May 27, 2009) indicates that no archaeological properties have been recorded
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at the site. The McGrath House site, used for dairy operations is located on the site and has
been determined ineligible for National Historic Register listing. The historic route of the
Oregon Trail traverses east to west on the site but due to the physical changes made to the
site over the past decades, no evidence of the trail exists on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires immediate
notification to the state.
M. STREET DESIGN:
The applicant proposes to maintain the full access currently allowed for the golf course onto
Chinden Blvd (Hwy 20/26) (principal arterial). Conceptually, the applicant is proposing
connectivity and access (i.e. stub streets) between this development and adjacent properties.
Street design and schematics are proposed by the applicant to be reviewed at the submittal of
platting and/or design review applications.
Sidewalks:
The most recent concept ("bubble") plan (date stamped by the City on August 26, 2009),
does not show any sidewalks within the development. As a condition of approval, sidewalks
adjacent to the streets will be required to be constructed, and pedestrian connectivity to all
parts of the development is to be the objective.
Street Names:
Street name approval by the Ada County Street Naive Committee has not been received to
date. Approval from that committee is required prior to final plat approval.
N. ON AND OFF -SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: While sidewalks for internal circulation will be reviewed at the time of platting
and/or design review, it is important to establish the goal of providing pedestrian -dominant
connectivity. See discussion under Staff Analysis "C" (page 25) below.
O. PUBLIC USES PROPOSED: None
P. SPECIAL ON -SITE FEATURES: Because the site has been changed over the decades, and is home
to a golf course, there are no apparent special on -site features.
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required. The applicant has submitted a document titled "Habitat Review" date stamped by
the City on October 30, 2009, and an amendment to the same, date stamped by the City on
May 27, 2009. In addition, the applicant has submitted a document titled "Natural Features
Analysis" date stamped by the City on October 30, 2009, and an amendment to the same,
date stamped by the City on May 27, 2009. Copies of the aforementioned documents are
attached to this report and brief descriptions are provided above under item L "General Site
Tlaoirrn T,'An+i iroc
L VJ1�11 1 VU. UL VJ
R. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is within the Eagle Sewer District's planning area. A memo from the District's
engineer dated May 19, 2009 (date stamped by the City on May 29, 2009) states that the
area bounded by Chinden to the Rim (bench) and Meridian Road to Linder Road would be
limited to serving 480 equivalent residential units (ERU's). The site is located within the
United Water certificated water service area; the applicant is required to provide proof that
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service is available.
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
T. NON -CONFORMING USES: Upon annexation into the limits of the City of Eagle, the site may
have buildings, landscaping, parking etc. that may fall short of full compliance with Eagle
City Code relative to design and setbacks. The use of a golf course is generally permitted or
conditionally allowed in most zoning districts within the City. Upon any redevelopment of
the site, the development would need to comply in all respects to Eagle City Code and or
other recorded agreements entered into by the City and the applicant.
U. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments which appear to be of special concern are noted below:
ACHD - Provides site specific requirements the District may require when a future development
application is reviewed.
Chevron Pipeline — No conflict with the Chevron Pipeline
Department of Environmental Quality - Recommend verifying that there is adequate water and
sewer to serve the project.
Eagle Sewer District - A memo from the District's engineer dated May 19, 2009 (date stamped by
the City on May 29, 2009) states that the area bounded by Chinden to the
Rim (bench) and Meridian Road to Linder Road would be limited to
serving 480 equivalent residential units (ERUs).
Idaho Transportation Department — Multiple letters submitted to the City speak to proposed
development at the intersection of Chinden and Linder as well as access
concerns for the subject site.
V. LETTERS FROM THE PUBLIC:
The following letters have been received and are incorporated herein by reference:
Letter from Jeff and Elene Swanson, 2980 S. Meridian Road, date stamped by the City on June
8, 2009.
E-mail from Mark Montierth, 7175 N. Springcrest Place, date stamped by the City on June 8,
2009.
E-mail from Eileen Winterrowd, 7102 N. Springcrest Place, date stamped by the City on June 8,
2009.
E-mail from Lee and Larry Swider, 7176 N. Springcrest Place, date stamped by the City on June
10, 2009.
Letter from Mimi Plumb, 854 River Heights Dr., date stamped by the City on July 6, 2009.
E-mail from Lynn Trosper, 7110 N. Springcrest Place, date stamped by the City on July 13,
2009.
Letter from Dana Erdman, 7283 Winward Dr., date stamped by the City on July 27, 2009.
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Letter from Judith Erdman, 7283 Winward Dr., date stamped by the City on September 8, 2009.
Letter from Lee and Larry Swider, 7176 N. Springcrest Place, date stamped by the City on
October 13, 2009.
Letter from Larry Sandusky, 7602 Canyon Drive, Meridian, ID 83642, date stamped by the City
on October 15, 2009.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The golf course property is currently zoned RUT (Ada County designation) while the 5-acre parcel is
zoned RI (Ada County designation). Respectively, the Comprehensive Plan Land Use Map
designates these sites as Public/Semi-Public and Transitional Residential.
Chapter 1 - Overview
l . l 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 hnpact (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.
e. To avoid undue concentration of population and overcrowding of land.
Table 1.1 Distribution of Uses
Land Use
% of total
Commercial
4%
Mixed Use
7%
Mixed Use Village
5%
Business/Tech
3%
Industrial
I
Residential
75%
Parks/open space
_I
5%
1.2.1 Idaho Code:
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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
We envision that in the future Eagle will be:
a. known as a highly livable town that successfully balances growth with many of
the rural elements of its heritage;
b. interconnected with user-friendly pathways and roadways;
c. economically strong with a distinct downtown economic center;
d. providing diversified employment and housing opportunities for all economic
groups;
f. an economically strong city, that fosters local businesses and clean industry;
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h. 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.
e. 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- Mentifv areas that vulll nr(wide.
s - 11 ___--�-�-'--J v+i va� aaiss •rx=- i A-v •auv
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.
1.6 Relationship to Ada County Pla.uning
The goals and policies of this plan are intended to be applied within the Eagle City
limits and the negotiated Eagle Area of City Impact. The City acknowledges that
the county may not have all the tools and codes necessary to implement this plan
and will, upon transmittal and review, recommend to the county which county codes
and appropriate conditions should be implemented to best implement and meet the
intent of the Eagle Comprehensive Plano It is the desire of the City of Eagle to have
all urban development that occurs in the Area of City Impact to be under the
jurisdictional authority of the City and connected to municipal services.
Chapter 2 — Property Rights
2.4 Implementation Strategies
a. Land use development regulations should be designed to protect the health,
safety and welfare of the community, and to avoid any unnecessary conditions,
delays and costs.
1 Ti 1
n. 1 ne 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.
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d. All changes in the comprehensive plan and land use entitlement should be
reviewed in compliance with this plan and the visioning plan for the western
area. (Map 2.1)
Chapter 4 — Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special districts
provide the basic services of water, sewer, school, police, fire and library to
residents. With Eagle's growing population comes the need for increased public
services and the necessity to improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded
play an important role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside providers, it
must be involved in any plans that will affect the community. Service providers
currently include:
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.
4.7 Sewer
4.7.1 Sewer Existing and Future Conditions (reads in part)
The Eagle Sewer District (ESD) was established in 1963 as a public entity separate
from the City of Eagle. The ESD service area generally corresponds to the area
within the Eagle City limits. Extensions of the ESD service area are accomplished
by actions of the ESD Board of Directors, and for the most part match annexations
to the City. However, the extensions do not have to match annexations to the City
either in location or in time.
It is the City of Eagle's policy to accommodate orderly and appropriate development
at a pace that does not unreasonably impede or burden the development process.
Timely extension of sewer service is an essential feature of orderly development.
Hence, in the future the City of Eagle will take an active interest in sewerage and
wastewater issues.
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 developments in the Area of City Impact & 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 as envisioned in
other sections of this Comprehensive Plan.
Chapter 5 — Economic Development
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5.3 Economic Development Goals
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.
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.
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.
Increase available jobs within the City of Eagle to levels comparable with adjacent
communities.
5.5 Economic Development Implementation Strategies
f. Seek new commercial development that will complement the Central Business
District and Eagle's rural residential identity to locate adjacent to but outside
the Central Busineac T)ietrir-,t
h. Promote additional employment opportunities and expand the economic base
by:
1. Encouraging growth and expansion of existing businesses and industry, and
2. Attracting additional business and industry so residents will be provided
with adequate commercial services and facilities.
i. Encourage the balancing of commercial uses throughout the City, the western
planning area, and the Foothills to avoid overloading key intersections and
individual planning areas.
j. Enforce the sizing and scaling of commercial and mixed use areas as
specified in the land use chapter.
k. Encourage the interconnectivity of residential and nonresidential areas within
the western planning area, and the Foothills to the existing CBD and greenbelt
system.
1. Discourage isolated or strip commercial uses.
in. Promote and recruit additional employment opportunities that allow Eagle
residents to live and work within the City of Eagle.
Chapter 6 — Land Use
Table 6.1
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• 2
MIX of Uses(including Foothills)
❑ Commercial,
Mixed Use,
Business, &
Industrial
62% a Residential
lljlllllllllllll1111111111
30%
❑ Parks/open
8% space
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.
e. Identify areas that will provide significant employment opportunities to the
residents of the City of Eagle, thereby supporting the City as a desirable place
to live, work, and recreate.
6.6 Land Use Implementation Strategies
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fire, recreational areas, highways and
transportation systems.
c. Provide for a broad spectrum of housing types including apartments, townhouses,
condominiums, single-family attached, manufactured homes, affordable and
subsidized housing and large -acreage developments.
d. Discourage strip commercial type development.
e. Signage for non-residential uses should be incorporated as a master sign plan
rather than individual signs when located along State Highways and entry
corridors.
r. Consider annexing any parcels of land allowed to be annexed by Idaho Code 50-
222.
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
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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.
aa. Discourage the creation of single use commercial and office districts.
bb. Encourage the development of districts that serve a variety of uses.
cc. Discourage mid -block commercial development along arterial and collectors
unless it is specified in the plan.
NOTE: The Eagle City Council approved through Resolution 09-19 the 2009 Comprehensive
Plan with the Rim View Planning area text incorporated below.
6.8 Land Use Sub Areas
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:
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 a residential density of up to
lunit per acre. Units may be clustered to provide for transitional lot sizes to P lip-,
compatibility of new residential uses to existing residential uses and the commercial
and office uses located at Linder Road and Chinden.
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.
B. Access
1. Access to the area should focus on new internal linkages.
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2. Primary access should be on Linder Road with limited access onto Chinden Boulevard only
in accordance with ITD'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 to access commercial/services use along Linder Road.
4. Chinden Boulevard 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 and recreational uses
currently present in the area.
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
pedestrian linkages to the residential areas adjacent to the site. (See Illustration 6.5)
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.
Building
4
» Z,
Residential
Areas., " (�
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D. Issues
1. One of the main concerns in the development of this area is the ability to properly
balance the commercial uses with residential uses. New uses should be designed in a
manner that provides a cohesive transition between the commercial and residential
uses, incorporating elements that will provide a common and complimentary identity
between the two.
2. 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.
3. 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 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.
u.z.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:
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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 -Way:
As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway District.
8.2.4 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
As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway District.
8.4 Roadway System Goals
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.
Maintain the functional and connectivity of the street system for current users,
emergency response efforts, and for use by future generations.
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.
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 ITD, the ACHD and the
local development community.
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
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regional plans to develop two new river crossings in the SH-55 and SH-16
alignments.
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).
Public Transit Goals
Encourage the development of a local and regional public transit system. The public
transit system is to provide basic mobility for some, alternative transportation for
others, and a non -drive alone mode for everyone.
Optimize the effectiveness of public transit through supporting land use decisions.
Promote land use changes and redevelopment plans in key areas that provide
densities and activities that promote the use and efficiency of a public transit
system.
Work regionally with COMPASS and Valleyride to plan for the potential of a
regional rail or bus rapid transit system. The SH-44, SH-16, SH-55 and US 20-26
corridors have the greatest potential.
Coordinate with the Land Use Elements of the Comprehensive Plan to establish
potential transit nodes in the future transit corridors.
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.
e) 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 he responsible fnr ri-NnA,,Ta�, �i�,,.,;�,� _4 -ao,,;,r,
. - - - - r ��.. ,_t vv u_y 1Jiuiu11116 auu uwiru.
\ ,
i� r.,rait�aTe me impact to the Cit;' of aii roadway iiliproveillents and roadway
extensions.
k) Work regionally to integrate the pathway system with the ongoing planning and
design efforts for the SH-44, SH-16, SH-55 and US 20-26 corridors
8.6.2 Specific Design Strategies
c) Support the access restriction policies of the Ada County Highway District and
the Idaho Transportation Department at a minimum. The access restrictions
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shall be based upon the most stringent future use of the roadway. Temporary
accesses may be considered in areas with a developing regional roadway
network.
d) Limit access to all arterial streets.
e) Discourage direct lot access to parcels abutting arterial and collector streets.
g) Develop methods, such as cross -access agreements, frontage and backage roads,
to reduce the number of existing access points onto arterial streets.
j) Encourage planning of local roadway systems that will provide for intra-
neighborhood connectivity. The connecting roadways should be designed to not
become collectors and to discourage traffic from cutting through neighborhoods
to go from a collector or arterial to another collector or arterial. Such intra-
neighborhood connectivity is for emergency and delivery vehicles and for local
intra-neighborhood access.
1) 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.
m) A collector street system shall be pursued within each square mile of
development adequate to serve the density of development. Special
requirements may be considered in the rural and Foothills development areas or
other places where topographic constraints or low traffic volumes limit the need
for the mid -mile collector road system. Suggestions shall be forwarded to
ACHD for long range planning purposes.
n) Develop grid systems at commercially zoned arterial intersections, where
feasible, in order to support increased traffic.
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.
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
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a) Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway
Network Maps #1, #2, #3, adopted local and regional pathway plans, as may be
needed for intra-neighborhood connectivity and to ensure that bike and
pedestrian traffic is not unnecessarily pushed out onto arterials and collectors.
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.
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.
11 1NT, �%v A-vi-Innm PntC chall hP nP-cmir,:-A to otiik q - — — n t�
. j II-- L > _tom __ .�.�.�.�. �: Lu ocuv avw33 Lv auJak,%,LiL uuui iu� v�ivY� u
parcels, where appropriate.
8.6.6 Multi -purpose Strategies
a) Ensure that transportation and regional transit improvements are constructed or
funded in coordination with land developments. This may be accomplished
with direct funding, extraordinary impact fees, local option sales tax and other
funding arrangements.
Zn
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.
Community design is the organized fashion in which a community is developed in
order that a general mood or theme is established and maintained. Elements of the
Eagle community design include: (a) a rural transitional community with a shopping
district functioning as the hub of the community; (b) the Boise River and its
floodplain with wildlife, trees, and recreation opportunities; (c) the rolling hills
north of the river; and, (d) a network of canals and natural waterways which
crisscross the community.
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12.2 Goals
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.
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.
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.
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
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.
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.
g. 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.
h. Reject any development that would establish or tend to establish another City
center outside of the Central Business District.
i. Discourage excessively large single entity businesses that would jeopardize the
competitive business environment.
J. Require new residential, commercial, and industrial development to meet
minimum design standards as specified by City Ordinances.
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1. Develop buffer and transition zones between conflicting types of land use.
m. Develop ordinances that will establish the Urban Service Planning Area as the
prime urban development area of the City and Area of City Impact.
Development should be allowed in the area on the condition that sewer and
domestic water facilities would be provided to such development as described
by the Water Supply and Sewer Policies of the Public Services Facilities and
Utilities section of this Comprehensive Plan.
r. Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
u. Protect and enhance the small town character of the City by requiring signage
which is creative and distinctive, compatible with its surroundings, and an
integral component of the style and character of the building to which it relates.
w. Create a City composed of neighborhoods in which basic amenities (schools,
utilities, parks, and services) are accessible, visually pleasing, and properly
1ntPrrrotP� 1-.� Ann�iirnr.�o.irn����,-..t
iu«biu�u �v �ilvvuiu�v vvu11_1116 Q11U lyl;llllg.
x. Ensure that all commercial uses are designed to be compatible with, and context
sensitive to, residential uses and environmentally sensitive areas.
Provide increased residential density along the State Highway 44 and State
Highway 20/26 corridors when accompanied by alternative access plans.
z. Ensure that commercial development is scaled appropriately to the intended
regional, community and neighborhood use.
aa. Limit non-residential uses to designated areas and make scaling and intensity of
use paramount criteria during the review and approval process.
bb. Ensure that gateways are properly delineated and incorporated into development
through the use of approved landscaping, entry markers and place making
features.
dd. 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
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Berming along Eagle Road (State Highway 55)
ff. Recognize the following gateways:
1. Chinden Boulevard and Linder Road
ii. Establish a policy requiring annexation or a consent to annexation by the City
of Eagle prior to development within the Eagle area of city impact.
kk. Require all non -transmission utility distribution within the City of Eagle to be
installed underground.
11. Require that all urban development shall occur under the jurisdictional authority
of the City and shall be connected to municipal services.
Illustration 12.2
Gateway Markers
Chapter 13 — Implementation
13.5 Comprehensive Plan Amendments
From time to time, changing conditions will result in a 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 also originate an amendment to the
Comprehensive Plan. However, the City Planning and Zoning Commission may
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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
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
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.
b. 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.
L. 1JV%.AA111r 1111U1Ilia L1U11 Uii airy p1ojJG1Ly 111VU1VCU.
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 their evaluation of
the request.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Eagle City Code, Section 8-3-3 (D) Side And Rear Yards For Nonresidential Uses Abutting
Residential Districts: v
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a residential district; except that the minimum yard requirements may
be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening
approved by the council is provided. Such screening shall be a masonry or solid fence
between four (4) and eight feet (8') in height, maintained in good condition and free of all
advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist
of a strip of land not less than twenty feet (20') in width planted with an evergreen hedge or
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dense planting of evergreen shrubs not less than four feet (4') in height at the time of
planting.
Eagle City Code, Section 8-10-1(A): REQUIREMENTS AND RESTRICTIONS (for
development agreements):
Purpose: Development agreements are a discretionary tool to be used by the Council as a
condition of rezoning. Development agreements allow a specific project with a specific use
to be developed on property in an area that is not appropriate for all uses allowed or
conditional in the requested zone.
C. DISCUSSION:
Subject Property Proposed Comprehensive Plan Amendments
Since the 2004 adoption of the Western Area Plan, the City of Meridian has annexed and or
comprehensively planned for nearly 1,100 acres of land within the Eagle's area of impact. These
actions represent the removal of 9.6% of the City's non-residential uses today, including the
foothills. See "History of Relevant Actions" on page 2-3 of this staff report.
The applicant is requesting a change in the comprehensive plan land use map designation from
approximately 79-acres of Public/Semi-Public and 5-acres of Transitional Residential to Mixed
Use to allow for the development of both commercial and residential uses. With this format, the
Transitional Residential element of the property will remain mostly intact with commercial uses
located along Chinden Boulevard and residential uses located north and adjacent to existing
residential neighborhoods.
Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (3)) within
the 2000 Comprehensive Plan the Applicant must show, "the condition or situation which
warrants a change being made in the plan." In the July 27, 2009 (revised), justification letter
provided by the applicant, date stamped by the City on July 29, 2009, the applicant recognizes
that the parcel directly west of this site has been designated commercial and the subject site will,
"include the transitional component of Mixed Use necessary to buffer the existing residential and
create opportunities for neighborhood business and supplemental commercial." While this
scenario has its merits, does it qualify as a specific "condition or situation" that would
necessitate a change to the plan? The applicant states, "The reality of economics and
sustainability has led the City to recognize the planned community must include components of
land use that provide the greatest diversity, job opportunities and homes while protecting the
lifestyles of those who have made Eagle their home. We see that between 2000-2006 Eagle
experienced 50% growth. In 2007, the City completed a full scale review of Economic Stability
for future growth of the City. That study pointed out that the city could not sustain itself with
only large lot development. The decision was made to become sustainable instead of just a
bedroom community." Obviously, a city needs to have a mix of components (residential,
commercial, sense of community) to be a thriving and self-sustaining entity. Yet recognition of a
desired change is not a "warrant" nor is change for change sake necessarily a situation or
consideration that is appropriate for the subject area.
Needless to say, the reality is the area around the intersection of Chinden Boulevard and Linder
Road is in the throes of change — intensive change. The applicant alludes to this as stated in the
justification letter, "This site is not limited to the confined boundaries of Eagle's Area of Impact
or influence of just Eagle." As of August 12, 2008, the Idaho Transportation Department had:
received an access permit application, reviewed a traffic impact study(s) (TIS), or reviewed a
land use plan for proposed development on all of the corners around the intersection. They are
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summarized as follows:
• Northwest corner: Knight Sky consisting of approximately 150,000 s.f. commercial, 75,000
s.f. office, and 125 residential units on approximately 58-acres
• Southwest corner: Knight Hill consisting of approximately 39,000 s.f. commercial, 21,000
s.f. office on approximately 10-acres
• Southeast corner: DMG Real Estate consisting of approximately 700,000 s.f. commercial,
98 residential units on approximately 80-acres
• Northeast corner: Eagle Island Market Place consisting of approximately 362,000 s.f.
commercial on approximately 3 9-acres
Combined, these proposed projects represent approximately 1,347,000-square feet of non-
residential (commercial, office) and when considered with the Wilson property (280,000 s.f. of
non-residential) totals 1,627,000-square feet (on 215-acres). For a comparison, the south side of
Fairview Avenue on both sides of Eagle Road has approximately 1,000,000-square feet of built
commercial (an additional 1,000,000-square feet is slated for the north side of Fairview). As a
side note, for perspective, the Linder/Chinden intersection will need to be the same size as the
Fairview/Eagle intersection is today, even without development occurring in the area.
Another comparison is the Treasure Valley Marketplace, a 600,000 square foot development
1%i\1CLL%A_L generally U11 L11Ci nU1L11C.aJL Colder U1 l�dil✓11C1 DAMU and 1-64. On the opposing side of the
interstate, and located approximately 1/2-mile away, is the Karcher Mall complete with
associated satellite uses. According to information on a flyer (dated 4/l/08) prepared by
Thornton Oliver Keller and obtained from their website, the Treasure Valley Marketplace has a
trade population of 235,542; no geographic radius for the center was represented on the flyer.
However, it may be considered that in order to make the best of the situation at hand (a parcel
located adjacent to a regional arterial, adjacent properties approved or planned for commercial
uses) a development that is transitory in format would better suit not only the subject property
but the existing and planned residential uses to the north and east as well. With development
looming on all four corners of the Chinden/Linder intersection, the City will need to mitigate to
the furthest extent possible the effects of this development. Staff considers the subject property
a transitional site, with uses and form (design) fading from the regional center located on the
corner of Chinden and Linder to the residential areas located to the north and east. This site is
most appropriate to be termed "Limited Service Commercial" which is defined in the Eagle
Comprehensive Plan as:
"Uses that accommodate retail sales and services for the daily self sufficiency of local
communities, ensuring that the intensity of limited commercial development is compatible
with the character of the area with special concern to adjacent residential uses."
While the City does not have a district labeled "Limited Service Commercial", the Mixed Use
zoning district will accommodate the types of uses that are referenced above. Staff believes that
1 __ _ at__ nn _1 �1__ t
UGIdUJC L11C `hU-aCle parcel oll L -e nor -east corner of Chinden and Linder (regional center)
already holds a size and intensity that nears the public's threshold for commercial development;
there is no compelling reason to continue that format further east onto this site, especially
considering the City of Meridian's planning of the three remaining corners of Chinden and
Linder. There is however a persuasive reason to have "support" uses in the form of small retail,
office, and service uses to not only complement the regional center uses but to also benefit
existing residential units as well as the new units that will be constructed nearby. Typically,
these "support" uses occupy buildings that run in the range of 5,000 to 20,000 square feet in
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size, orbiting around larger buildings in the 60,000 to 80,000 (or larger) range. This scenario is
or will be evident as the Eagle Island Market Place (EIMP) develops on the property located to
the west of this site: a larger building consisting of 187,000 square feet with smaller satellite
buildings proposed to be developed with sizes ranging from approximately 5,400 to 30,000
square -feet.
Further, as properties to the east develop, with predominantly residential uses, there requires a
certain limitation on form and intensity to impart both a continuous appearance and character of
design and setting as well as to act as a buffering mechanism for those non-commercial uses.
Staff recognizes that there is a condition or situation that may be construed as a warrant to
change the Comprehensive Plan: intensive commercial development on the horizon at all corners
of the intersection of Chinden and Linder. If residential were the sole use on the Wilson
property, the sudden change from "big box" retail to a residential use would not well -serve the
area; the delineation between uses would be abruptly apparent wherein the goal is to
progressively transition uses from one to another. The visual character of the area should be
designed through scale, intensity, and form to create structures and settings that are in harmony
with existing and planned development in the vicinity of the site. The question of how to
mitigate the condition and situation is described in the sections below.
• 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". The July 27, 2009 (revised), justification letter provided by the applicant, date stamped
by the City on July 29, 2009, does not explain why there is no other "solution" to the condition
or situation that necessitates a change to the plan. Yet it does seem that the applicant alludes to a
solution based upon a premise that because it is feasible it must be desirable, expressing this idea
merely through the proposed square footage and uses rather than through a plan or "course of
action". This Hobson's Choice (accept the only option offered or none at all) of the matter is not
a solution and does not justify the proposed use.
Given the limited information, therefore, we must consider the applicant's proposal as their
solution, and now must assess whether the solution is viable. In this vein, the development
comparisons in the section above are presented as an attempt to evaluate and address current
market conditions and commercial absorption. While the applicant provided a "Market Square
Footage/Absorption" letter from Bob Mitchell of Thornton Oliver Keller (date stamped by the
City on July 7, 2009), staff did not believe the analysis was sufficient to assess whether the
Wilson property is capable of supporting 280,000 square -feet of non-residential uses or, for that
matter, the Chinden/Linder area supporting 1.5-million plus square -feet. Staff used data from a
demographic forecast prepared by COMPASS to create a rudimentary assessment to establish a
trade area with a population of 235,000, similar to the Treasure Valley Marketplace asserted
trade area demographics. To draw this many people to the 1,627,000-square foot
Chinden/Linder development area, the geographic zone would need to include all of Eagle, Star,
Meridian, Garden City, the north foothills, the West Bench Area of Boise, Middleton, and
beyond since this area reaches a population of only 199,930 people, based on the 2010 forecast.
The 2030 estimate for this same area is 300,253. Of course this is a rudimentary assessment but
the point is again, there is no evidence to support otherwise. Yet taking a common sense
approach and making comparisons to other areas that have been developed in a similar manner
as proposed herein, it would seem that appropriate conditions are not quite present. This simple
assessment does not consider the commercial square -footage that exists in the general vicinity,
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which will certainly dilute the trade area necessary for this development zone. Staffs conclusion
led to the request that the applicant provide a more detailed report, which was subsequently
submitted and titled "Wilson Properties - Market Analysis - Foxtail" by ROIC analytics, LLC
(July 2009), date stamped by the City on August 13, 2009 (attached). This "chain store
analysis" stated, in part, the following:
o "Eagle & Fairview and the Eagle Road Corridor are regional draws, with major
retailers and numerous dining options. Meridian and Eagle are typical of
burgeoning downtown areas with both chain retail serving the neighborhood and
specialty retail and unique restaurant options that serve the neighboring residents as
well as individuals doing business or seeking entertainment in the area. Chinden
and Linder is more characteristic of a neighborhood center, with most dollars
coming from the surrounding neighborhoods. Attracting brands such as Whole
Foods, Trader Joes, or Cabela's could allow this location to pull much further than
the primary and secondary trade area, but it would likely be a different shopping trip
than would be typical of a visit to the retail areas along Eagle Road.
Whether Chinden & Linder has only tenants that are neighborhood -based or of a
regional nature, neither type of retail mix should significantly impact the central
business district (CBD) in Eagle. Eagle residents already travel to national retailers
in the Eagle Road corridor, Meridian and Boise and shifting their buying patterns to
Chinden & Linder would not take away dollars currently being spent in Eagle's
CBD." (page 19)
o "Below (chart within study) is an estimate of retail square footage for the general
vicinity of the site, encompassing the intersection of Chinden and Linder. This
analysis attempts to place tenant classes with the highest opportunity followed by
those categories with moderate opportunity, using typical configurations of tenants
for similar retail properties. As there are numerous possible configurations for these
properties, the results should be viewed as a rough estimate for high-level planning
purposes. This analysis in no way guarantees that the intersection can support
the retail indicated nor makes any claims to retailer success or failure at this
site." (emphasis added) (page 18)
While not meant to create doubt or to be critical about the report, it undoubtedly speaks to the
uncertainty of predicting retail success and moreover, is reflective of the vagueness of this entire
proposal (application). The quandary is that while the report did speak to the site in particular;
which is necessary (of course) it did not provide the needed information, that is, of the market
conditions of the surrounding areas — "The Bigger Picture". While the site must be able to stand
on its own, it must also be able to stand among other developments so that it will be viable now
and in the future.
Subsequently, the City requested a peer review of the ROIC report by a third party, Dr. Don
Reading of Ben Joinison Associates, who prepared a report entitled "Analysis of `market
Analysis: Foxtail' ROIL analvtics. LLC (July 2009)". Some. of the etntementc from this rennrt
include:
o "One can certainly argue that once the economy recovers, the Treasure Valley will
grow more rapidly than it has in the past few years. Given current economic
conditions, however, it is unlikely that the recovery will come soon enough and be
strong enough to attract the population necessary to support the retail and office
development indicated in the ROIC Report by the year 2015." (page 3)
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The Reading report references various proximate areas (to the subject site) and their current
month -supply of office and retail space, or the amount of time needed to fill vacant space.
For example, Eagle has a 50-month supply of retail and a 60-month supply of office; West
Boise has supplies of 60-months and 40-months for retail and office, respectively. Speaking
to this subject, the report states:
o "This vacant retail and office space, already constructed and on the market, will
compete for tenants within ROIC's defined trade areas. At a minimum, it means
that the demand for retail and office space in the Chinden and Linder trade area will
be pushed out beyond the 2010 and 2015 time frames." (page 5)
o "Along with proposed developments on the other three corners, the Foxtail property
would support 1.6 million SF of office and retail space according to the ROIC
Report. This is in addition to other proposed retail developments and current vacant
space elsewhere in the Secondary Trade Area. These numbers are not supported by
a realistic population projection between now and 2015, nor by potential
competition from other developments and vacant office and retail space." (page 7)
o "On the one hand, there is sufficient office and commercial development already
planned to serve the population of the area for many years to come. Therefore non-
commercial development of the property may be a better fit within the City's
existing Comprehensive Plan and the vision of what it wants Eagle to be as the City
matures. On the other hand, given the prime location, the property may well attract
retailers before other planned locations." (page 7)
Staff is not debating the differences between the studies, rather it is the scale and intensity that is
the issue — the type of retail and how much.
In staff's analysis, the leasable square footage proposed for the site creates a scenario that has
not been justified to serve this area. Further, the proposed development of the property remains
in a raw form - there is nothing to "hang a hat on" in order to appropriately measure the intensity
of the proposal. How is the applicant's proposed 280,000 square feet of non-residential uses
appropriate for this area? Repeatedly, it has been stated by the applicant that they have no
"specific" plans, yet a commercial designation that allows intensive uses of a regional nature is
certainly the objective. The preference is to allow the market to drive the development, which in
many instances makes sense; in the long and short land uses are in a state of flux. And yet this is
all too wide open to be able to justify; without solid dimensions and intensities, how may the
proposal be deemed appropriate? How may the City place appropriate "safeguards" to allow
any development on the site? The City needs a clear concept of the development in order to
mitigate impacts (to residents, traffic and roadways, community cohesion, and aesthetics, etc.)
and assess whether the commercial uses and sizes are in line with what the City believes is
appropriate for the area. Considering the prospective development adjacent to this site, the most
appropriate measure to fall back on is one that is similar to the "neighborhood center" concept as
explained in the Comprehensive Plan and briefly described below:
o Approximately 40 to 60 acres in size and allow up to 150,000 square -feet of
leasable (non-residential) space or 2,500 to 3,750 square -feet per acre (limited by
terrain, access, surrounding uses, etc.); may have residential densities of up to 6 to
10 units per acre.
o Integrate a combination of uses including office, retail, and residential
o Located at collector and arterial intersections
o Are to be sized and scaled, clustered and massed to be compatible with surrounding
single-family uses and to add interest and character
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o Normally open-air shopping areas with buildings oriented to streets or central plazas
to encourage pedestrian scaling and neighborhood feel
Based upon previous public participation processes regarding the Comprehensive Plan, the
threshold of a regional commercial center lies between 250,000 and 450,000 square -feet.
Combining EIMP at 366,000 square -feet with 70,000 to 105,000 square -feet for the Wilson
property the community tolerance is met or exceeded; the regional commercial center has been
staked with EIMP. Therefore, surmising the information provided above, and that included
within the two market analyses referenced herein, the site should be limited to the type of
development and square footage as calculated below:
A Neighborhood Center comprised of between 70,000 and 105,000 square -feet with no
single building to exceed 7,500 to 10,000 square feet in size.
With the lack of information, the City will need to prescribe the appropriate level and breadth of
development. This must be couched with the objective to dissuade any negative impacts upon
the vitality of the Eagle Downtown. It appears that the majority of the types of retailers that
would frequent the subject intersection typically would not locate in the downtown, either
because a downtown is not their "natural" setting, there may be established competition, or there
may not be the appropriate sized land fonn to accommodate their needs. It would then seem that
most of the competition with the downtown would come from restaurants and specialty shops,
those that typically take advantage of the traditional storefront and pedestrian oriented
streetscapes typical of a downtown. And yet, in an effort to promote smart growth practices and
convenience for residents, commercial and employment activity must be located within close
proximity of residential areas. In this instance, form is clearly the more dominant factor in
determining where businesses locate and, that being the case, the downtown and a mixed -use
neighborhood, while both highly desirable, offer two distinct environments. This is a policy
decision the City will need to carefully weigh; clearly a balance between commercial uses in the
downtown and outlying areas will be necessary. Again, consideration may be given to allowing a
small-scale mixed use development that is complimentary and cohesive with existing and
planned commercial and residential lands in the subject area.
• Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4)) the
Applicant must identify "the public benefit that would occur from such a change in the plan."
The July 27, 2009 (revised), justification letter provided by the applicant, date stamped by the
City on July 29, 2009, lists numerous statements that the applicant considers benefits, such as:
o Well -planned community that encourages diversity in housing opportunities/fosters
economic vitality.
o Current congestion will be helped by Eagle Island Marketplace's commitment to
providing improvements to Chinden/Linder intersection
o Capture vehicle trips providing shorter travel time and greater convenience
o Help build Eagle's economic base by providing 400 new jobs
As briefly mentioned previously, the proiect may provide an nnnnrti,nity to n-,itin�,tP the intensity
- - - --- �rr _ .....� ......b.,,. ... ... ... .,-Y
of the development that is occurring south and west of the subject property, perhaps acting as a
buffer to existing properties north and east. This does not justify the subject site being
developed at the same or even greater intensity as those planned before it. While the applicant's
stated benefits would also contribute to the City as a whole, achieving the goal of transition in
form, use, and intensity would better serve the project vicinity.
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This concept was employed when the City planned the Chinden/Black Cat area to create a mix of
uses combining regional commercial, retail, and transitional density residential uses. The vision
for that area was to capitalize on the unique topography along the rim while recognizing the need
to provide regional commercial opportunities along Chinden Boulevard. But these commercial
activities were limited to 40-acres; office and light retail were to serve as a buffer between
commercial and residential uses; residential lot sizes transitioning from 1/2 to 1 acre, with smaller
lots adjacent to office areas and larger adjacent to existing residential.
When the City reviewed its "make-up" of commercial and residential lands, the plan was set in
place to address abundances and shortcomings, and areas were subsequently designated for
build -out. Considering the changes at the Black Cat and Chinden intersection and to maintain the
balance that was desired, the Chinden/Linder area was/is considered appropriate for a more
intensive use than previously planned while not significantly changing the prescribed
residential/non-residential ratio of the City as a whole. And now we are faced with additional
commercial proposed not only on the subject site but on the surrounding lands as well - how does
this disrupt the balance? It throws it beyond the thresholds for intensity and size established by
the public and their involvement in the plan. When the 40-acre Black Cat planning "format" was
moved and approved for Linder, it did not mean that the surrounding properties were appropriate
and ripe for intensive commercial of the same mold. It meant that transition of form and use was
going to be, and is, necessary to limit the impacts to surrounding properties AND to meet the
overall objectives of the plan.
Traffic Analysis
For background, a memo to COMPASS from Parametrix (dated November 14, 2008), refers to
the "Traffic Analysis Technical Memorandum", an analysis incorporated in the US 20/26
Corridor Preservation Study that included data relative to the Chinden/Linder intersection. In
2005, approach traffic volumes on Chinden were 14,000 vehicles per day (vpd) while Linder had
6,500 vpd; the intersection operates at a Level of Service (LOS) D. In the year 2030, approach
volumes will reach 48,000 vpd and 19,000 vpd respectively which will result in a LOS of E
using a conventional signalized intersection (a "diamond" interchange would result in an LOS of
Q. See below for other information.
According to the Idaho Transportation Department, the Chinden and Linder intersection is now
no. 5 on the High Accident Location list for District I11; the previous year it was at no. 9. The
Ada County website lists traffic counts on Chinden west of Linder Road at 20,666 vtd (8/21/07)
and 19,214 vtd (6/18/09) east of Linder Road, and on Linder Road south of Chinden at 7,781
vtd and north at 9,442 vtd (10/08/2008).
The applicant has submitted a traffic study dated October 29, 2008, and a revised study dated
January 16, 2009, prepared by Thompson Traffic and Civil. Study addendums dated April 6,
2009, April 14, 2009, April 21, 2009, and a revised April 21, 2009, dated June 3, 2009 (date
stamped by the City on May 27, 2009, April 27 2009, and June 3, 2009, respectively) have been
submitted and principally relate to the effects of residential development of the Yorgason
property located east of the Wilson property. A timeline of these iterations, prepared by
Thompson Traffic and Civil, is attached to the staff report; copies of the traffic study have been
provided to ITD, ACHD. The following conclusions of the report are presented as a summary
with effort made to not present the report out of context; a full report is attached to the staff
report:
o The Wilson property is assumed to generate 8,804 vpd, based on 280,000 square -
feet of non-residential, 40 single-family residential units, and 64 multi -family units
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— this number will fluctuate slight depending on the mix of residential uses; the site
is limited to 128 residential units due to sewer capacity. (January 16, 2009, report)
o The Yorgason property, to be developed residentially, is assumed to generate 2,651
vpd, based on a proposed density of 2.5 units per acre (275-units). Because the site
is limited to 257-units due to sewer capacity, this number may be assumed to be
slightly less (2,460 vpd). (April 21, 2009 letter, revised June 3, 2009)
o The intersections of Chinden/Linder, Chinden/Meridian, and Chinden/Fox Run all
currently operate at an acceptable LO S and under future background conditions for
the build out year (2015) will all operate at LOS F. Improvements for each
intersection will be necessary to reach an acceptable LO S for the build out year.
The Communities in Motion Regional Long Range Plan 2030 recommends
expansion of Chinden (Hwy 20/26) to four lanes. None of the proposed
improvements are budgeted or scheduled for construction by ITD in the next 5
years.
o As noted in the letter dated July 7, 2009 (date stamped by the City on July 8, 2009),
prepared by Thompson Traffic and Civil, the applicant believes that the use of the
existing access (currently serving the golf course) as the main access into the
development is the best option for access when considering "(i) the efforts we have
made to improved interconnectivity and local circulation in the northeast quadrant
(intersection of Chinden/Linder), (ii) the interconnectivity limitations of adjacent
properties, and (iii) our traffic report that shows our proposed access solution works
with the planned development and road improvements in the Chinden/Linder area."
To say the least, access to the site remains a moving target at this point in time. Ideally, access could
be accommodated at a signal, such as an access road through to the signalized intersection at Fox
Run, or, as initially proposed, moving the current signal to the west to the 1/z-mile point between
Linder and Meridian roads. Also, initial discussions had been aimed at a shared access at the
common property line with the EIMP project to the west of this site (approximately the 1/4 mile
point). The applicant now intends to utilize the existing access initially approved for the low -volume
golf course to continue as the main access for the proposed commercial development and
intensification of this access must be approved by ITD at the time the redevelopment occurs. There
are multiple concerns and impacts with either of these scenarios, both with developers and more so
with residents and the public in general. As such, there has been resistance by one party or another
when any one of the accesses is discussed. It is important to note there remains the opportunity to
adequately facilitate an access that respects the concerns (mostly) of the parties involved (EIMP,
Wilson Properties, Foxtail residents, the City, and ITD). With the potential to take advantage of
multiple connections to the site, it would behoove the applicant to work with the neighbors, ITD, and
the City to provide internal circulation roads to serve this area while utilizing limited access points to
State Highway 20/26.
Regardless of the final determination on access, the applicant must work with surrounding property
owners to provide adequate, safe, and efficient circulation throughout the adjoining parcels. It is
imperative that internal linkages are established that, in the northern section of the area, are
predominantly pedestrian oriented with indirect vehicle linkages designed to accommodate local trips
and prohibit cut -through traffic between commercial and residential sections. In the southern area
the objective is to provide cross access among parcels to eliminate the need for customers and
residents to enter the arterial system only to re-enter a development a few feet away. And finally, the
location of a shared driveway at the common property line with EIMP must remain a consideration.
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COMPREHENSIVE PLAN PROPOSED TEXT AMENDMENTS
The applicant has submitted the following language to amend the text of the Comprehensive Plan,
with underlined text proposed to be added and strikethrough text proposed to be deleted by the
applicant. City Staff's continents appear in italicized text.
6.3.16 Public/Semi Public
Suitable primarily for the development of such uses as golf courses, parks, recreation facilities,
greenways, schools, cemeteries, and public service facilities such as government offices. Support
activities may also be permitted. A parcel or assembly of parcels 75 or more acres that has at least
1000-feet of frontage_on a principal arterial and that is immediately adjacent to a parcel holding a
commercial designation may be developed as allowed in the mixed use designation
All development within this land use is encouraged to be designed to accommodate the different
needs, interests, and age levels of residents in matters concerning both recreation and civil activities.
Where mixed uses are allowed development is encouraged to be designed to buffer and complement
adjacent land uses and ensure compatibility of new development with existing and future
development designations as set forth in the Comprehensive Plan Map
The public/semi public land use designation is not a residential land use designation, except where
mixed uses are allowed. When a project or development is designed that contains or is adjacent to
land holding a public/semi public land use this land will not be included when calculating the
allowable residential density. Projects that hold a residential designation that want to provide
amenities similar to those allowed in the public/semi public designation may transfer density within
the development only when using the standards established in the Planned Unit Development as
defined in the comprehensive plan.
These changes are not necessary nor are they warranted. If the proposed changes were made, the
intent and vision of Public/Semipublic land use designation would cease to exist; it would merely
become a mixed use designation. Staff does not recommend any change to this section of 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, and the need to buffer and preserve the existing residential developments,
and the need to provide commercial opportunities for a regional commercial center along the regional
transportation corridors south of the Boise River. Because of the alignment of the State Highway 16
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.
This proposed change is too broad; it seems to imply that a regional commercial center is
appropriate along the entire corridor (of Chinden Boulevard). Moreover the emphasis changes
from recognizing the importance of the corridor as functioning as a regional transportation
conduit. Staff believes the language as written in the Comprehensive Plan remains appropriate
for defining the area and thus no changes to this section are recommended.
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
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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.
The approximately 85-acre area immediately east of the commercial area (i.e., the 80-acre
parcel immediately east of the commercial area and the 5-acre parcel at the northwest corner
of Fox Run Ave and Chinden Blvd.) shall be permitted to develop as allowed in the mixed
use designation. It is anticipated that an approximately forty acre area immediately north of
the commercial area also will be developed as allowed in the mixed use designation.
Accordingly, the site plan of the commercial area should be cohesive with the prospect of
mixed use development on the adjacent abutting parcels.
The Comprehensive Plan should not be construed as the mechanism to grant an
entitlement to a property; the Plan is the establishment of policy (intent) while the zoning
designation of a site determines the type of development; that is, zoning is the execution
of policy. It is necessary to modify the proposed language to show the vision of the area
but not to grant the property a particular right; this may be afforded through a
development agreement and as such, Staff does not recommend any changes to this
section of the Plan.
2. Areas designated as Transitional Residential should have a an average residential density of
up to 1 ux t 2.5-units per acre. Units may should be clustered to provide for transitional lot
sizes to ensure compatibility of new residential uses to existing residential uses and the
commercial and office uses located at Linder Road and Chinden.
The term "average" may be considered appropriate in this instance in order to facilitate
the clustering and higher density residential that may be more appropriate adjacent to
commercial uses, and to accommodate an appropriate transitioning of lot sizes. The
density will be limited due to available sewer capacity.
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.
b. Access
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. Concur
Primary access should be on Linder Road with limited and Chinden Boulevard
only in accordance with ITD'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.
Disagree. Nothing in the planning of this area, as well as the 20126 corridor has changed
to not have limited access to the roadway.
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 to access commercial and mixed use/services use along T rode,- R a and
create cross -access into adjoin properties. Concur
Chinden Boulevard should be recognized as a gateway corridor to the City of Eagle and
development should adhere to proper berming, landscaping, and appropriate setbacks set b
ITD and the City of Eagle to prevent the encroachment of abutting uses into future corridor
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improvements. This would protect the viability of the regional transportation corridor as
well as buffer the abutting uses from the impacts of the corridor. Concur.
C. Design
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.
Design of this area should be compatible to the existing residential and ,.oefe do ' uses
currently present in the area and future mixed uses. Concur
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
vehicle and pedestrian linkages to the mixed use and residential areas adjacent to the site.
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.
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.
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.
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. New mixed uses should be
designed in a manner that provides a cohesive transition and connectivity between the
commercial and residential uses, incorporating elements that will provide a common and
complimentary identity between theme such uses. Concur
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.
As this area develops, consideration should be made of the transitory non -farm uses that
have been approved by Ada County which may be nearing the expiration on the open space
restrictions, as well as the conversion of_existing semi-public commercial uses to mixed
uses.
Redundant; no change necessary
ANNEXATION AND REZONE
The applicant has submitted proposed conditions of development to be considered in a development
agreement for this site. These conditions were submitted with the premise that a preannexation
development agreement would be necessary since the subject property was not contiguous to the
Eagle City limits. This application is now being considered in conjunction with another application
that, if approved for annexation, would provide a path of annexation to the Foxtail property; any
conditions approved with this application would apply regardless.
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%e applicant has submitted the following conditions of development to be included within a
development agreement (dated 8.26.09). Please see staffs comments and recommended
revisions below under the heading "STAFF RECOMMENDATION REGARDING THE
ANNEXATION AND REZONE"
3.1 Golf course operations may continue on the Property, or such portions of the Property, until
Applicant elects to abandon such operations. Nothing in this Agreement shall be construed or
interpreted to limit the use of the Property for a golf course, including present and future appurtenant
operations (e.g., driving range, retail and restaurant sales in its clubhouse, golf lessons, social events,
etc.). Further, nothing shall be construed or interpreted as limiting or preventing the Applicant from
securing and using entitlement pennits for additional golf course related structures, improvements or
operations.
3.2 Nothing in this Agreement shall require Applicant to fulfill its pre -development obligations
with respect to any Use Area until such time as Applicant elects to abandon golf course operations in
such Use Area (as defined in Section 3.4 below); provided, however, Applicant shall not be entitled
to pursue development of any Use Area pursuant to this Agreement until its pre -development
obligations with respect to such Use Area have been completed.
3.3 All future development of the Property shall be generally consistent with the Concept Plan
(as amended from time to time); provided, however, it is the intent of this Agreement to allow
flexibility at the time a detailed plan and platting are submitted to Eagle so long as the general intent
of the Concept Plan and the requirements set forth in this Agreement are met. The Concept Plan is
not a fixed development plan but only Applicant's current concept for the future development of the
Property. Eagle understands that Applicant does not have a particular project in mind at this time, so
the Concept Plan only represents Applicant's best guess of appropriate future development for the
Property once it is no longer feasible or desirable to operate a golf course on the Property. Further,
Eagle understands that a number of factors may make it convenient or desirable to change the
Concept Plan from time to time, including, but not limited to, development of adjacent properties,
location of/restrictions on access to Chinden Boulevard, locations of roads to adjacent properties, and
market conditions. Accordingly, if the Applicant finds it convenient or desirable to change the
Concept Plan in the future, Eagle shall give any proposed changes from Applicant fair consideration.
if Eagle reasonably UCLC1111111CS thaaily Pi-•o-sisal requires public comment due to potential impacts
on surrounding property or the community, Eagle may hold public hearings on such proposal as then
provided by Eagle City Code.
3.4 The uses areas indicated on the Concept Plan (referred to herein as "Use Areas") shall be
subject to the following use, size and/or density limitations:
3.4.1 For the "MU-DA (Commercial) Use Area" indicated on the Concept Plan, the
permitted uses shall be all those that are permitted or conditional uses identified under the
Mixed Use District in the Commercial section of Eagle City Code 8-2-3 except for the
following uses which are prohibited:
• Ambulance Services
• Cemetery
• Circuses and Carnivals
• Drive in Theater
• Hospital
• Kennel
• Mortuary
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• Nursing/Convalescent Home
If the permitted and conditional uses in the MU zoning designation are expanded, such
expanded uses shall be allowed as permitted or conditional uses as the case may be. The
MU-DA (Commercial) Use Area shall be limited to 210,000 square feet of enclosed building
area (i.e., enclosed with walls and roof), with no single enclosed building area greater than
120,000 square feet in size and no structure abutting Chinden Boulevard to exceed 20,000
square feet of enclosed building area. Applicant shall endeavor to locate the following
"target uses" in accordance with the target use areas as depicted on the Concept Plan:
• Computer Store
• Book Store
• Restaurants (including drive thru)
• Banks/financial institutions (including drive thru)
• Specialty food stores (not greater than 25,000 sq. ft. of floor area)
• Specialty retailers
• Fitness centers
• Sporting goods stores
• Entertainment centers (i.e., movies, games, miniature golf, etc.)
• Home improvement stores
• Furniture stores
• Retail pharmacies
• Garden centers as secondary use to primary retailer
• Theater
• Feed/seed retail
3.4.2 For the "MU-DA (Neighborhood Business) Use Area" indicated on the Concept
Plan, the permitted uses shall be limited to the following; provided, however, additional uses
may be permitted if a modification to this Agreement is approved by Eagle:
• Artist Studios
• Banks/financial institutions (including drive thru)
• Bars
• Beauty/barber shop
• Bicycle Shops
• Catering service
• Child Care Center
• Daycare Center
• Commercial Entertainment Facility (indoor)
• Communication facilities (with conditional use)
• Drugstore
• Christmas Tree Sales
• Church
• Clinic (medical or dental)
• Club or Lodge
• Coffee/bakery shops
• Convenience store with fuel service
• Electronic sales, service or repair shop
• Fitness Centers and Spas
• Food and beverage services
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• Health clubs, spas, weight reduction salons
• Home and business services
• Nursery, plant materials
• Office, business and professional
• Personal improvement
• Personal services
• Personal wireless facilities (height 35 feet or less)
• Photographic studio
• Printing and/or blueprinting
• Professional services/activities
• Restaurant (with drive thru)
• Retail sales (general, pharmacies and medical)
• Specialty Stores
• Storage (enclosed building)
• Travel services
• Veterinary Clinic/Domestic Animal Retail (no non -medical boarding)
The MU-DA (Neighborhood Business) Use Area shall be limited to 70,000 square feet of
enclosed building area (i.e., enclosed with walls and roof), with no single building greater
than 40,000 square feet in enclosed building area and no structure abutting Chinden
Boulevard to exceed 20,000 square feet of enclosed building area. Applicant shall endeavor
to locate the above pennitted uses in accordance with the target use areas as depicted on the
Concept Plan.
3.5 The "Residential Use Area" consists of approximately 51.8 acres (inclusive of open space).
The maximum density for the Residential Use Area shall be approximately 2.47 dwelling units per
acre with a maximum of 128-dwelling units, subject to the capacity of the sewer system. Residential
uses in the Residential Use Area shall not require a conditional use permit. Multi -family
developments shall be subject to Design Review approval. All open space requirements shall be met
pursuant to Eagle City Code 8-6-5-2. Sidewalks and pathways shall be constructed in appropriate
locations to provide pedestrian connectivity throughout the site. The Residential Use Area shall
emphasize transitioning with multi -family and/or patio home dwellings adjacent to non-residential
development and single-family dwellings located adjacent to existing residential uses. Minimum Lot
sizes and Setbacks shall comply with the following for each area as depicted on the Concept Plan:
3.5.1 For the Residential Use Areas designated as "Up to Eight Units per Acre", the
permitted uses include single-family dwellings, two-family dwellings and multi -family
dwellings as follows:
Minimum Lot Size: 5,000 square feet
Front Setback: 15 feet to living area / 20 feet to garage
Rear Setback: 15 feet*
Side Setback: 5 feet*
Street Side Setback: 15 feet*
* All multi -family dwelling buildings shall be located a minimum of 20-feet from adjacent dwellings
3.5.2 For the Residential Use Areas designated "Up to Three Units per Acre", the
permitted uses include single-family dwellings and two-family dwellings* as follows:
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Minimum Lot Size: 10,000 square feet
Front Setback: 20 feet
Rear Setback: 20 feet
Side Setback: 5 feet (additional 2.5 feet per story)
Street Side Setback: 20 feet
Two-family dwellings may only be permitted in areas directly adjacent to two-family dwellings and
multi -family dwellings located within the "Up to 8 Units per Acre" area.
3.5.3 For the Residential Use Areas Designated "Up to Two Units per Acre", the
permitted uses include single-family dwellings:
Minimum Lot Size: 17,000 square feet
Front Setback: 25 feet
Rear Setback: 20 feet
Side Setback: 7.5 feet (additional 5 feet per story)
Street Side Setback: 20 feet.
3.5.4 For the Residential Areas Designated "One Unit per Acre", the permitted uses
include single-family dwellings and two-family dwellings:
Minimum Lot Size:
Front Setback:
Rear Setback:
Side Setback:
Street Side Setback:
37,000 square feet*
30 feet
30 feet
15 feet
30 feet
Lots adjacent to the boundaries of the Foxtail Subdivision, Sandy Court and Winward River
Heights Subdivision shall not be less than 43,560 square feet in size
3.6 Eagle shall not issue any development permits except permits related to the golf course and
related operations set forth in Section 1 above, for any portion of the MU-DA (Commercial) Use
Area or MU-DA (Neighborhood Business) Use Areas until Eagle approves the following pre -
development obligations for such use area:
3.6.1 Applicant shall develop and submit a conceptual site plan ("Conceptual Site
Plan") outlining future phased developments. The Conceptual Site Plan shall be generally
consistent with the Concept Plan and shall illustrate the general locations of major
improvements such as buildings, parking areas, primary drive isles, outdoor plaza areas and
perimeter landscaping. Upon review and approval in accordance with the procedures
identified in Section 7.1 (which shall occur prior to the issuance of a zoning certificate or
final plat approval in such use area), the Conceptual Site Plan shall be attached hereto as
Exhibit C-2 and become a part of this Agreement.
3.6.2 Applicant shall develop and submit landscape guidelines, site design guidelines and
architectural guidelines to govern future phased developments. Such guidelines shall
complement landscaping, site design and architecture of the adjacent Eagle Island
Marketplace development, and shall be generally consistent with the design intent identified
on Exhibit D. Upon review and approval in accordance with the Design Review procedures
set forth in Eagle City Code (which shall occur prior to the issuance of a zoning certificate or
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final plat approval in such use area), such guidelines shall be attached hereto as Exhibit E,
Exhibit F and Exhibit G, respectively, and become a part of this Agreement.
3.6.3 Applicant shall develop and submit conceptual plans for the design, size, location
and future phasing of outdoor plaza areas to facilitate gathering points for users of such area.
The design for the plaza areas shall include items such as seating areas, artwork, fountains,
landscaping, drinking fountains, bike racks or similar features designed to establish a
common theme or identity to such areas, and shall be generally consistent with the
Conceptual Site Plan and the design intent identified as Exhibit D. The conceptual plan
shall be reviewed and approved in accordance with Design Review procedures set forth in
the Eagle City Code prior to the issuance of a zoning certificate or final plat approval in such
use area. The final design of each plaza area shall be reviewed concurrently with the review
of the associated commercial areas, and each plaza area shall be constructed concurrently
with associated commercial areas.
3.6.4 Applicant shall develop and submit a master signage plan which includes exhibits
and guidelines necessary to achieve a visually coordinated, balanced and appealing signage
environment. The master sign plan shall include monument and wall sign styles, themes, and
locations. It is the intent for the master sign plan to govern all signage within the Use Area in
accordance with Eagle City Code § 8-2A. The master sign plan shall be reviewed and
approved in accordance with the Design Review procedures in Eagle City Code prior to the
issuance of a zoning certificate or final plat approval.
3.6.5 Applicant shall provide for and include a cross access between all commercial lots
within the development. The cross access agreement shall be reviewed and approved by
Eagle's city attorney for both form and content prior to issuance of a zoning certificate. The
cross access agreement shall be executed and recorded prior to the issuance of a zoning
certificate.
3.6.6 Applicant shall construct a minimum 6-foot concrete sidewalk along Chinden
Boulevard in a meandering pattern compliant with the Americans with Disabilities Act.
11 3.6. 7 Applicant shall develop and submit a conceptual plan for the design and phasing of
(1) pathways (sidewalks) within the interior parking lots of the MU-DA (Neighborhood
Business) Use Area and MU-DA (Commercial) Use Area to provide pedestrian
interconnectivity to all portions of such areas to reduce the need to drive from store to store
and to promote enhanced pedestrian movement; (ii) shelters, "kiosks" pergolas, etc, in
appropriate locations to provide refuge and visual relief to pedestrians traversing the parking
lot, and (iii) pedestrian connectivity between adjacent residential and commercial uses. The
conceptual plan shall be generally consistent with the Conceptual Site Plan and reviewed and
approved in accordance with the Design Review procedures in Eagle City Code prior to the
issuance of a zoning certificate or final plat approval. The final design of each feature area
shall be reviewed concurrently with the review of the associated commercial areas, and each
feature area shall be constructed concurrently with associated commercial areas.
3.7 Except as otherwise provided in this Agreement, all future development of the Property shall
comply with Eagle City Code as it exists in final form at the time this Agreement is recorded.
3.8 Prior to submittal of any final plat application for any portion of the Property, such portion
of the Property shall (i) be annexed into Eagle Sewer District's boundaries and shall comply with all
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applicable Eagle Sewer District's regulations and conditions, (ii) have been issued any required
approval letters from Idaho Division of Environmental Quality, and/or Central District Health.
Further, prior to issuance of a building permit for any non-residential buildings that are not the
subject of a final plat application, Applicant shall provide proof of adequate sewer service to the
proposed habitable buildings by causing a letter of approval to be provided to Eagle from Eagle
Sewer District.
3.9 Concurrently with the recordation of a final plat, or prior to the issuance of a Certificate of
Occupancy for any non-residential building, for any portion of the Property, the Applicant shall
record conditions, covenants and restrictions ("CC&Rs") against such portion of the Property that
contain at least the following provisions:
• An allocation of responsibility for maintenance, in perpetuity, of all community and privately
owned landscape and amenities;
• Establishment of an architectural control board for all buildings prior to building permit;
An allocation of responsibility for the operations and maintenance of the pressurized
irrigation system for the Property.
Such CC&Rs shall be reviewed and approved by Eagle's city attorney for both form and content to
assure compliance with the conditions required herein prior to the submittal of any final plat
application for the portion of the Property.
3.10 Prior to the issuance of any Certificate of Occupancy for any building within any Use Area
(except golf course -related buildings), Applicant will construct such normal and customary phased
improvements and satisfy such normal and customary conditions required by the Ada County
Highway District and the Idaho Transportation Department for such Use Area. The City supports
the continued use of the existing full commercial access to Chinden Boulevard, and therefore nothing
herein shall be construed to require Applicant to comply with any condition that requires the
relocation, restriction or termination of the existing full commercial access to Chinden Boulevard.
These phased improvements include, but are not limited to, dedication of right-of-way for future road
widening, roadway and intersection improvements commensurate to development traffic impacts,
construction of sidewalks along Chinden Boulevard, and construction of driveways in the locations
and configurations as determined by the aforementioned entities or as otherwise may be required
herein. The obligations set forth herein are without prejudice or waiver of any right to compensation
for such dedications or improvements. Approval letters from these entities shall be provided to the
City prior to the issuance of a Certificate of Occupancy.
3.11 Due to the high visibility of the Chinden Boulevard, special attention shall be given to the
design, configuration and position of the buildings abutting the roadways. The layout of such
buildings shall be generally consistent with the building layout of the adjacent Eagle Island
Marketplace project. Drive aisles should be designed and located to complement the design and
layout of drive aisles in the adjacent Eagle Island Marketplace project. All lots and buildings shall be
configured to screen any and all loading areas and trash enclosures from view as seen from
residential uses or public roadways. Building placement shall be designed such that parking areas
are not concentrated between the buildings and Chinden Blvd. The side of any buildings facing the
roadways shall be provided with architectural design elements and architectural relief, as may be
approved by the Eagle Design Review Board.
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3.12 All buildings shall be set back a minimum of 105-feet from the centerline of Chinden
Boulevard to accommodate future corridor widening.
3.13 The MU-DA (Neighborhood Business) Use Area and MU-DA (Commercial) Use Area are
expected to take access from the existing commercial access to Chinden Boulevard.
3.14 Wilson Properties shall work with the neighbors immediately west of the Foxtail Parcel to
locate vehicular and pedestrian cross access approximately as shown on the Concept Plan. The
opening and use of such cross access requires a (1) mutually acceptable reciprocal easement
agreement between the owners, (ii) Wilson Properties' confirmation that such cross access will not
pose access, traffic, safety or other adverse issues for the Foxtail Parcel or the Fox Run Parcel and
(iii) a traffic study showing no adverse impact on the Foxtail Parcel's commercial access.
3.15 Wilson Properties shall work with the neighbors to the east and west of the north half of the
Foxtail Parcel to coordinate location of not less than one road connection suitable for a future road
between Linder Road and Meridian Road. Such road connection need not be a collector road unless
required by ACHD and warranted by the anticipated traffic volumes.
3.16 The Applicant shall continue to work with the City of Eagle, ITD, ACHD and other property
owners in the northeast quadrant of the US 20/26 and Linder Road intersection to support
interconnectivity with the goal of fostering internal circulation that will reduce local traffic use of US
20/26.
3.17 The development shall include buffers pursuant to Eagle City Code 8-3-3 D for any
commercial uses located adjacent to any property with a residential zoning designation. All service
areas (loading bays, trash compactors, etc.) shall be designed to lessen impacts (noise, glare, odors,
etc) upon adjacent residential uses. The storage of materials, packing supplies, and merchandise is
prohibited within the service -drive aisle and service areas. Tasteful displays of merchandise may be
permitted outdoors if approved through a development application.
3.18 Any building with a proposed drive-thru shall be designed in such a way as to compliment
the entirety of the Property and if located near residential uses or a public way shall provide a
minimum forty-eight inch (48") grade separated berm and/or screen wall with vegetation adjacent to
the drive-tiuu 'lanes to reduce the impact of file vehicles utilizing the drive-thru lanes (i.e. vehicle
headlights and vehicle cueing). Design styles exceeding the standard utilitarian look of a building
with a drive-thru shall be required. The City may place reasonable limits on the hours of operation of
all drive-thru uses to ensure compatibility with adjacent uses.
3.19 The Applicant shall provide bus stops as may be required by the City of Eagle. The location
and placement of the stop(s) will be done in conjunction with other property owners at the US 20/26
and Linder Road intersection, in cooperation with ITD, ACHD, Eagle, and the city of Meridian.
Foxtail will pay its fair share of reasonable costs proportionately with other developments.
3.20 Deliveries shall be conducted from the hours of 7:00 am to 10:00 pm; all other operations of
the site shall comply with Eagle City Code Section 4-9.
3.21 All non-residential (commercial) mixed uses may be subject to reasonable dark -sky lighting,
noise, or related limitations at the design review approval stage to address additional concerns that
may arise.
3.22 The Property is currently located within the Meridian Fire District and, therefore, Applicant
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shall work with the Meridian Fire District for all fire service/protection issues, unless annexed into
the Eagle fire district service area.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT REGARDING THE
COMPREHENSIVE PLAN:
Based upon the information provided to date, staff recommends approval of the comprehensive plan
map and text amendment as noted in the staff report.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT REGARDING THE
ANNEXATION AND REZONE:
Based upon the information provided to date, and the analysis contained within the staff report, staff
recommends approval of the annexation and rezone with the conditions to be placed within a
development agreement as noted in the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on November
165 2009, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by three
(3) individuals (other than the applicant/representative) who felt that this development is a great
opportunity for the strategic growth of the City relative to the tax base and job growth; the need to
protect this "gateway" into the City from the encroachment of the City of Meridian; others expressed
their empathy to the Commission's difficult decision; the importance of traffic safety; the need to have a
funding system to provide necessary infrastructure; the importance of sustainability, mix of uses, and
higher densities; and the advantage of master planning multiple parcels.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by
eleven (11) individuals with concerns regarding increases in traffic and safety issues on heavily traveled
Chinden and Linder Road, as well as impacts on the intersection; increase in noise pollution; the size of
the commercial project is too big for the area and does not meet the intent of the comprehensive plan
agreed upon two years ago; the density is not appropriate for this area; the need to maintain the
Comprehensive Plan as it is currently written; the need to protect the existing neighborhoods; projected
population growth does not support the ROIC report findings; projected project build -out time frames are
not realistic; claims that the developer has not satisfactorily maintained contractual berming; the lack of
consistent answers from the developers; request to leave property as -is or purchase property for a city
park; the need to buffer commercial from residential; the need to have more conservative analysis of a
project relative to financial concerns; and developers should pay for their impacts to infrastructure.
D. Oral testimony neither in favor of nor opposed to this proposal was presented to the Planning and Zoning
Commission by one (1) individual who stated that the Idaho Transportation Department is not opposed to
moving the signal located at Fox Run and Chinden west to the 1/2-mile and that directing traffic to the
signal is more than a desire but a need to safely accommodate the amount of vehicle trips (600 vph) that
may be generated if the site went to "big" retail, a right-in/right-out access to Chinden is a challenge to
ITD — the access can work properly for entering vehicles if the internal circulation is designed to not
hinder traffic yet delays and potential conflicts will be present for trips exiting.
E. Written testimony in favor of this proposal was presented to the Planning and Zoning Commission by
two (2) individuals who felt that this development is a great opportunity for the strategic growth of the
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Ay relative to the tax base and job growth; and the need to protect this "gateway" into the City from the
encroachment of the City of Meridian; and the dependency on this property being annexed to aid in
completing the Eagle Island Market Place west of this site.
COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN:
The Commission voted 4 to 0 to recommend approval of CPA-7-08 for a change to the land use
designation on the Comprehensive Plan Land Use Map from Public/Semi-Public to Mixed Use with
text in the Comprehensive Plan for the Rim View Planning Area to be amended as follows, with
underlined text to be added by the Commission and strikethrough text to be deleted by the
Commission:
6.8.7 Rim View Planning Area
A. Uses
The land use and development policies specific to the Rim View Planning Area include the
following:
2. Areas designated as Transitional Residential should have a an average residential density of
up to wit 2-units per acre. Units may should be clustered to provide for transitional lot
sizes to ensure compatibility of new residential uses to existing residential uses and the
commercial and office uses located at Linder Road and Chinden.
B. Access
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.
Primary access should be on Linder Road with limited access onto Chinden Boulevard only
in accordance with ITD'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.
Internal and intercomiected circulation should be Used to move traffic v14hin the non-
residential_ area, helping to mitigate the number of local vehicle trips entering State Tj;"b ay
20/26 and Linder to access commercial and mixed use/services use atefig Lindef Read and
create cross -access into adjoining_properties.
Chinden Boulevard should be recognized as a gateway corridor to the City of Eagle and
development should adhere to proper berming, landscaping, and appropriate setbacks set by
ITD and the City of Eagle 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
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.
Design of this area should be compatible to the existing residential and ,.eefe tion j uses
currently present in the area and future mixed uses.
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
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elements to promote a cohesive character. Commercial development should provide for
indirect vehicle connections and for safe and effective pedestrian linkages to the mixed use
and residential areas adjacent to the site.
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.
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.
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.
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. New mixed uses should be
designed in a manner that provides a cohesive transition and connectivity between the
commercial and residential uses, incorporating elements that will provide a common and
complimentary identity between the two 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.
As this area develops, consideration should be made of the transitory non -farm uses that
have been approved by Ada County which may be nearing the expiration on the open space
restrictions.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
Commissioner Aizpitarte moved and Chairman Tanner seconded to recommend approval of A-05-08
and RZ-11-08 for an annexation and rezone from RUT (Rural Urban Transition - Ada County
Designation) to MU-DA (Mixed Use with a Development Agreement). Commissioner Aizpitarte
and Chairman Tanner voted in favor of the motion and Commissioners Smith and Roehling voted
against the motion. Commissioner Villegas recused himself from action on this application. Since
the vote resulted in a tie and since no other motion was made, the tie vote results in a
recommendation for denial.
In his dissenting vote, Commissioner Smith felt that the project proposed via the development
agreement contradicts the quality of life expectations expressed through the Comprehensive Plan and
by the residents of the area. The development of property within or adjacent to existing
neighborhoods is a matter of equity and exchange — the neighbors have an understanding and high
expectation of the goals for the area and the developer has a high obligation to engage the neighbors
to give consideration to these expectations. While the applicant was very poised and presented the
proposal well, there was not enough commitment on behalf of the applicant to reasonably honor the
concerns of the neighbors. Commissioner Smith concluded that because there has not been an
adequate exchange, i.e. benefit, for the loss that would be experienced by the neighbors, he could not
vote in favor of the development as proposed. In his dissenting vote, Commissioner Roehling felt
that the proposed annexation and zoning of Lot 1, Block 2 of Foxtail Subdivision, a residential
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parcel, with the commercial portion of the proposed development would not be consistent with the
intended use and character of the parcel relative to the surrounding parcels.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, October 21, 2008, at Foxtail Golf Course (maintenance
barn), 6479 N. Fox Run Avenue, Meridian, ID 83646, in compliance with the application submittal
requirement of Eagle City Code. The application for this item was received by the City of Eagle on
November 14, 2008; supplemental information was submitted since that time. The applicant continued
to meet with neighbors during the process to discuss development concerns.
2. Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in the Valley Times in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and the Eagle City Code on May 25, 2009. 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 29, 2009. Requests for agencies' reviews were
transmitted on April 30, 2009, in accordance with the requirements of the Eagle City Code.
On July 13, 2009, the Planning and Zoning Commission remanded the applications to staff. Re -notice of
Pubic Hearing on the applications 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 in the Idaho
Statesman on October 3, 2009, and in the Valley Times on October 5, 2009. 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 the Eagle City Code on
October 6, 2009. Re -notice of Pubic Hearing on the applications for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code in the Valley Times on October 26, 2009. 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 October 27, 2009. The site
was posted in accordance with the Eagle City Code on November 3, 2009.
3. The Commission reviewed the particular facts and circumstances of this proposed comprehensive plan
amendment (CPA-07-08) and based upon the information provided concludes that the proposed
comprehensive plan amendment is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
Understanding that the Comprehensive Plan recognizes that both commercial and residential growth will
occur in the Rim View Planning Area, the proposed commercial uses are more intensive than previously
anticipated at this intersection. However, utilizing the subject property as a mixed use development may
provide adequate and appropriate transitions necessary to mitigate impacts to the existing larger lot
developments to the north and east of this site.
Further, the sizing of commercial uses to mix with transitional residential uses is beneficial to the site by
limiting the need for residents to directly access Chinden Boulevard (Hwy 20/26). resulting in better
internal trip capture by situating residential uses within walking distance of commercial services. It is
also beneficial to require cross access and local roadway connections to the north and east to allow local
trips to circulate north of US 20/26, without having to enter onto the regional roadway network.
4. The Commission reviewed the particular facts and circumstances of this proposed annexation and rezone
(A-05-08 & RZ-11-08) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
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Council", and based upon the information provided was not able to reach a consensus that the proposed
rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives.
The dissenting opinions of the Commission felt that the development proposed via the development
agreement contradicts the quality of life expectations expressed through the Comprehensive Plan and by
the residents of the area, nor are there any apparent benefits in exchange for the diminished expectations
to be realized by the neighbors through the development of the subject property as proposed. Further, the
proposed annexation and zoning of Lot 1, Block 2 of Foxtail Subdivision, a residential parcel, with the
commercial portion of the proposed development would set the parcel apart from the remainder of the
residential subdivision. This action would not be consistent with the intended use and character of the
parcel relative to the surrounding parcels.
DATED this 23rd day of November 2009.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
z
Gary Tanner, Chai
ATTEST:
Sharon K. Bergmann, Eagle Cit Clerk
*olk OF E,4
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INTER
OFFICE
City of Eagle
Zoning Administration
To: Planning and Zoning Commissio rs
From: Jeff T. Lowe, AICP, Planner II
Subject: CPA-07-08/A-05-08/RZ-011-08 — Wilson Properties L.P. and Wilson Holdings,
LLC, represented by Gene Shaffer with CSHQA
Date: November 10, 2009
Attachment(s): Letter from Columbia Valuation Group, Inc. date stamped by the City on November
252009
Letter from John and Kay Carter, 1065 River Heights Drive, Meridian, ID 83646,
date stamped by the City on November 3, 2009
Letter from Wilson Properties L.P. date stamped by the City on November 5, 2009
CC: Gene Shaffer, 250 S. Fifth Street, Boise, ID 83702
The above referenced correspondence was received subsequent to the preparation and distribution of the
staff report and is provided for your consideration.
Page 1 of 1
KAPlanning DeptTagle Applications\CPA\2008\CPA-07-08 & A-05-08 & RZ-11-08 pz meldoc
COLUM OIA V ALUAr1 ION GROUP, INC.
Peal Estate Appraisers and Consudtants
1602 Sherman avenue, Suite 100
Coeur d'Alene, ID 83814
208-667-7940
Fax 208-666-1474
Email: mo.-cvg@verizo[,.net
October 20, 2009
Mr. Gary Tanner, Chairman
City of Eagle Planning and Zoning Commission
660 E. Civic Lane
PO Box 1520
Eagle, ID 83616
RE: Cantlon Properties, Inc.
Dear Chainnan Tanner,
Stanley D. PAoe, .NAp.l
CiTy OF ' GL
It is my understanding that Roger Cantlon, together with Bob Banks, Charlie Wilson and Gene Shafer will be
presenting a development plan to you in the near future. I have been a real estate appraiser and consultant in
Idaho for the past 33 years and have worked with these gentlemen on several retail projects in Idaho,
Washington and Utah. During this time I have also served as chairman and board member on the Idaho Real
Estate Appraiser Licensing Board and qualified as an expert witness in State and Federal courts. In my
experience the Cantlon team is among the best in the business, but not having done any high -profile projects in
Boise, their experience and expertise may not recognized. I am writing to express my support for this
development team. In making the type of decisions that come before you, I know it is important to have a
degree of confidence in the parties.
Mr. Cantlon was the lead on most projects I worked on. My involvement included market studies, feasibility
analyses and valuations. He has never failed to complete a project he started, and never produced a retail
center that was not a success. To the contrary, he has taken more than one project over after the initial
developer failed and turned these projects into winners. Having worked with numerous retail developers and
appraised numerous shopping centers throughout the northwestern states, I found Mr. Cantlon and his team to
be the most thorough and detailed of any in his planning and building processes. With his years of experience I
can think of no one more qualified to lead a development team in these difficult and uncertain times. Please
feel welcome to call me if you have any questions.
Sincerely,
COLUMBIA VALUATION GROUP, INC.
Stanley D. Moe, MAI
CC: Mayor Phil Bandy;
William Vaughn, Zoning Admistrator
F F V C& FILLED
CIT Y OF EAGLE
NOV 0 3 2009
File:
Route to:._w.....
Jeff T. Lowe, AICP, Planner II
City of Eagle
Post Office Box 1520
Eagle, Idaho, 83616-1520
RE: CPA-07-08/A-05-08/RZ-11-08
Dear Mr. Lowe:
065 River Heights Drive
Meridian, Idaho 83646
October 30, 2009
Our property is adjacent to the Fox Run Golf Course, a five acre lot directly to the north.
We are opposed to the proposed zoning and comprehensive plan changes that Wilson Properties
L.P. and Wilson Holdings, LLC have submitted. We have tried to look at your zoning
information; however, we were unable to find exactly what a designation of MU-DA would
mean to the adjacent property owners. However, it doesn't appear that this change would be in
the best interest of owners of existing residences.
The current Eagle Comprehensive Plan states that development should be
compatible with exiting properties, especially in the Rim View Planning Area. How is a zone
change to allow a higher density compatible with the existing five, two and one acre residential
properties that currently exist? Why can't the home owners in the area be provided with the
existing language of the code, along with the proposed new language? Why must it be so
difficult for the residents who will be affected to figure this out; when in the long run, they are
going to be greatly impacted?
While we're not sure what the housing density is in the proposed project, it seems too
high for the neighborhood. A more interesting, creative and beautiful project, more compatible
with adjacent established areas could be developed. We don't need more cookie -cutter
lleveloprneiit's! 11 C applicalilSS' concept, which would be. allowed l'.'ndLer the proposed soiling
changes, does not fit in well with the surrounding neighborhood.
I would urge you and the Zoning Council to consider the long-term impacts of this
decision and reject the applicant's proposed development as now planned. Thank you.
Sincerely,
k
Jon & Kay Carter
cc: S.Trosper
WILSON PROPERTIES L.P.
Since 1955
P. O. Box 2793 • Boise, Idaho 83701
1101 W. River St., Ste. 150 • Boise, Idaho 83702
Phone (208) 424-9322 • Fax (208) 424-9020
November 5, 2009
Chairman Gary Tanner
City of Eagle Planning and Zoning Commission
P.O. Box 1520
Eagle, ID 83616
RE: Hearing Procedures,
Applications CPA-07-08/A-05-08/RZ-I1-09;
Wilson Properties (Foxtail)
Dear Chairman Tanner:
We are pleased to be finally presenting our Applications to the Commission on
November 16, 2009. We will be before you in a joint effort, with Capital Development and the
Yorgason family (Applications A-04-09 and RZ-04-09). We understand that the Commission
and its chair determine the hearing Agenda and order of presentation. We are writing to propose
an order of presentations which we believe will be most effective. We have previously discussed
this matter with Staff, and we understand Staff is amenable to our proposal.
We have worked for well over a year very closely with the Yorgasons, we have attempted
to incorporate City Counsel concerns learned during the hearings for Eagle Island Market Place
(Fred Meyer), and since the Fall of 2008, we have had extensive dialogue with the Eagle
Planning and Zoning staff, to create a Master Plan for our two adjacent properties, to the ultimate
benefit of the City of Eagle. We have been told that the expeditious approval of this Master Plan
would also help expedite the Fred Meyer schedule.
Although Wilson Properties and Capital Development have submitted separate
Applications, we have consistently worked closely together to organize a coordinated joint
presentation, and we have requested that the respective applications proceed together, in a joint
hearing. We have also worked with the City Planning and Zoning Staff and the City Attorney to
accomplish this goal.
The proposed Comprehensive Plan amendments, annexations and zoning presented by
the respective Applications are significant and important matters for the City of Eagle. In order
to make certain that you receive adequate information to make the best decision for the City of
Eagle, we have prepared a detailed, coordinated joint presentation for you. To that end, and
consistent with the way we have organized and coordinated our presentation, we propose to
proceed in the hearing before the Commission as follows:
Gary Tanner
November 5, 2009
Page 2
I. Applicants' Presentations:
A. Introductions and Overviews: Bob Banks.
B. The Residential Components of Both Applications:
David Yorgason.
C. The Commercial components of the Wilson Property Applications:
Bob Banks.
II. Presentation by City Staff of Staff Reports.
III. Public Comment and Testimony.
IV. Applicants' Rebuttal.
V. Hearing Closed, Commission Discussion.
VI. Motions and Vote on Capital Development Applications.
VII. Motion and Vote on Wilson Properties Applications.
We fully understand and appreciate that, as previously stated, it is the prerogative of the
Commission and its Chairman to set the agenda and the presentation order, and we do not
presume to encroach upon your prerogative. However, the proposed order and organization of
presentations does reflect a great deal of work and joint effort on the part of the respective
Applicants. If you have any concerns whatsoever with our proposed sequence and order of
presentation, please advise us of those concerns immediately.
We fully recognize that vour decisions on the respective Applications will be of
substantial importance to the City of Eagle, and it's Citizens. We are also mindful of the
substantial voluminous amount of information already presented to the Commissioners in the
Staff Reports on these Applications, and the further substantial and critical information and data
that is to be presented by the Applicants in the course of the hearing. We are hopeful that you
will be able to make a decision and recommendation to the City Council at the conclusion of the
hearing on November 16. However, realistically, we recognize you may need additional time to
review, understand, and assimilate all of the information presented, and for further discussion.
We are highly concerned, given the upcoming holiday season, regarding potential delays in
getting your recommendation and these Applications to the City Council, so that the City
Council has an opportunity to act prior to Christmas. Time is truly of the essence with these
Annlir-ntinnc ac will hP in nnr inint nrPCPntntinn
It is truly unfortunate that an inadvertent technical error in the posting and posting
certification led to the cancellation of the Commission hearing for these Applications previously
w4lo lnlPrl nn 0(-tnhPr ?6 7nn4 That mnct iinfnrtiinntP nrriirrPnr•.P hac tnily mit nc in n hind in
terms of hearing schedules. Consequently, we are requesting, and imploring your consideration,
of holding a special Commission hearing on November 23, should you determine not to make a
Gary Tanner
November 5, 2009
Page 3
final decision at the conclusion of the hearing on the 161h. Indeed, even if you do make a
decision at the end of the hearing on the 161h, we request a special Commission hearing on the
23'd for the purpose of adopting the Findings and Conclusions in order to forward this matter on
to Council, so that Council might hear this matter prior to the Christmas holidays and recess.
Your time and consideration are greatly appreciated. We thank you.
Very Truly Yours,
WILSON PROPERTIES, L.P.
fir
{ r
Charles H. Wilson
cc: Eagle City Planning and Zoning Commissioners
William E. Vaughan
Susan Buxton
Mayor Phillip Bandy.
Whag onyourlist today?Yodll£indrtat
FredUeyer
FRED MEYER STORES • P.O. Box 42121 . Portland, OR 97242-0121 . 3800 SE 22nd Avenue • Portland, OR 97202-2918. 503 232-8844. http://www.fredmeyer.com
November 11, 2009
Chairman Gary Tanner
City of Eagle Planning and Zoning Commission
P.O. Box 1520
Eagle, ID 83616
RE: Hearing Procedures,
Applications CPA-07-08/A-05-08/RZ-11-09;
Wilson Properties (Foxtail)
Dear Chairman Tanner:
RECEIVED & FILED
CITY OF EAGLE
File:
Route to:
I am writing a letter in support of Wilson Properties and Capital Development
Applications for Annexation, Rezone, and Comprehensive Plan Amendments. I have
appreciated the opportunity to work closely with the applicants and the City of Eagle, in
conjunction with the existing approvals for Fred Meyer and the Eagle Island Market Place.
Our development timeline goals are somewhat dependant on Wilson Properties and
others ability to effect annexation and we are anxious to have them annexed into Eagle, to make
possible the completion of the annexation of our project, and to make the final development of
Eagle Island Market Place a reality.
Thank you for your time and consideration. Please feel free to contact the undersigned
directly with any questions or comments in this regard.
Sincerely,
Fred Meyer Stores, Inc.
Don E. Forrest
Site Acquisition Manager
Direct — (503) 797-3117
cc: Commissioner Dan Roehling
Commissioner Derek Smith
Commissioner David Aizpitarte
Commissioner Victor Villegas
Phillip Bandy, Mayor
William E. Vaughan, Zoning Administrator
Susan Buxton, City Attorney
"Always strive to offer Customers the service, selection, quality and price that satisfies them best." Fred G. Meyer, Founder, 1886-1978
RECEIvED & FILED
CITY OF EAGLE
GIVE SLEY LLP
LAW OFFICES
601 W. Bannock Street
PO Box 2720, Boise, Idaho 83701
TELEPHONE: 208 388-1200
FACSIMILE: 208 388-1300
WEBSITE: www.givenspursley.com
Donald E Knickrehm
dek@givenspui-sley.com
givenspursley.com
VIA HAND DELIVERY
Charles H. Wilson
Wilson Properties L.P.
1101 W River Street Ste 150
P.O. Box 2793
Boise, ID 83701
Gary G. Allen
Peter G. Barton
Christopher J. Beeson
Clint R. Bolinder
Erik J. Bolinder
Jeremy C. Chou
William C. Cole
Michael C. Creamer
Amber N. Dina
Elizabeth M. Donick
Kristin Bjorkman Dunn
Thomas E. Dvorak
Jeffrey C. Faraday
Justin C. Fredin
Martin C. Hendrickson
NOV 2 3 2009
File:
Route to: --
Steven J. Hippler
Donald E. Knickrehm
Debora K. Kristensen
Anne C. Kunkel
Jeremy G. Ladle
Michael P. Lawrence
Franklin G. Lee
David R. Lombardi
John M. Marshall
Kenneth R. McClure
Kelly Greene McConnell
Cynthia A. Melillo
Christopher H_ Meyer
L. Edward Miller
Patrick J. Miller
November 23, 2009
Re: Use Restrictions; Five Acre Foxtail Parcel
File: 5142-35
Dear Mr. Wilson:
Judson B. Montgomery
Deborah E. Nelson
Kelsey J. Nunez
W. Hugh O'Riordan, LL.M.
Angela M. Reed
Justin A. Steiner
Scott A. Tschirgi, LL.M.
Conley E. Ward
Robert B. White
RETIRED
Kenneth L. Pursley
James A. McClure
Raymond D. Givens (1917-2008)
At the Planning and Zoning Commission hearing the evening of November 16, 2009, on
your application to the City of Eagle for Comprehensive Plan Amendment, Annexation and
Rezone of the Foxtail Golf Course property, a number of neighbors testified that the 5 acre
parcel adjacent to Foxtail Subdivision was restricted by CC&R's or other restrictive agreement,
from commercial use. There was also testimony regarding an alleged failure on the party of
Wilson Properties L.P. to comply with berming requirements of an Agreement between Wilson
Properties L.P. and the Foxtail Homeowners Association (which Agreement came out of your
acquisition of the referenced 5 acre parcel). And finally, one of the citizens testifying against
your application, (Phil Broadbend) testified he was an Arizona attorney knowledgeable in land
use laws, and that he had examined the Foxtail CC&R's and determined to a legal certainty that
commercial uses were prohibited on the reference 5 acre parcel. Mr. Broadbend is a perfect
example of the old adage, "A little knowledge is a dangerous thing."
You have asked me to carefully examine the relevant documents in detail, and address
the various allegations and assertions arising out of the public testimony above described.
I have done so, and in summary I can report to you that all of the above described
allegations and assertions are wrong. They are factually incorrect.
Charles H. Wilson
November 23, 2009
Page 2
Following is a detailed analysis:
The original covenants were amended September 11, 1997, and recorded September 12,
1997 (Instrument No. 97075127, Official Records of Ada County, Idaho). These CC&R's did
restrict all lots in the Foxtail Subdivision to residential use. Article IX of the CC&R's provided
the CC&R's could be amended by the owners of 75 percent or more of the lots in the
subdivision.
In 2002, in conjunction with Wilson Properties L.P.'s acquisition of title (ownership) of
Lot 1, Block 2 of Foxtail Subdivision (being the "five acres parcel" referred to in the Planning
and Zoning Commission hearing on November 16), Wilson Properties L.P. obtained execution of
a document entitled "Full Release of Property From Covenants, Conditions and Restrictions of
Foxtail Subdivision." This document, executed by 75 percent of the lot owners in Foxtail
Subdivision, released Lot 1, Block 2 from the Foxtail CC&R's, so that the Foxtail CC&R's no
longer restricted Lot 1, Block 2 from commercial use. Effectively, the neighbors agreed Lot 1,
Block 2 could be used for commercial purposes. A copy of this Full Release is attached.
At the same time that Wilson Properties L.P. acquired title to Lot 1, Block 2 of Foxtail
Subdivision and obtained the release of Lot 1, Block 2 from the restrictions of the Foxtail
Subdivision CC&R's, Wilson Properties L.P. and the Foxtail Homeowners Association entered
into another Agreement, entitled "Restrictive Use Agreement." A copy of that Agreement is
attached hereto. This "Restriction Use Agreement" (hereinafter referred to as the "RUA"), set
forth that the RUA was executed in exchange for the execution of the Release Agreement
described above. The RUA provided for a limited restriction on the future use of the five acre
parcel (Lot 1, Block 2, Foxtail Subdivision), and provided further that Wilson Properties L.P.
would construct and maintain certain landscaninu improvements on the. 0,11hie'rt narrel
The entirety of the use restriction established by the RUA is as follows:
ccl TT— — D--4--: +:... 117:1--- —L-11 ..,,+. +I- Tl +_._
1. VJG 1\GJL111�61V11. VV 11JV11 J11ali not USG he rlV�JGl6y
(a) to operate a clubhouse facility for the Foxtail Golf Course;
(b) for outdoor equipment storage on those portions of the Property
immediately north and east of the existing barn located on the Property, except in
enclosed structures;
�c) ror puoiic parxing or patrons or the Froxtail Golf Course;
(d) to provide public access for the patrons of the Foxtail Golf Course
via Fox Run Avenue (which runs along the east boundary of the Property)."
Charles H. Wilson
November 23, 2009
Page 3
It is clear these restrictions are limited and specific, and do not restrict the property from
the neighborhood business uses proposed by Wilson Properties L.P. Idaho law is very clear that
restrictions on the use of private property will be narrowly and strictly construed. Even a broad
liberal construction (contrary to law) of the above quoted restriction on use would not result in a
prohibition of use of the subject property for neighborhood business uses.
The landscaping requirement set forth in the RUA is as follows:
"2. Landscaping. Wilson shall construct and maintain the landscaping
on the property as follows:
(a) Wilson shall construct, maintain and landscape a berm along the
east boundary of the Property up to the current entrance to the Property off of
North Fox Run Avenue ("New Berm"). Such New Berm shall substantially
conform in all reasonable respects with the existing berm located on the south
boundary of the Property (along West- Chinden Boulevard) ("Existing Berm").
Wilson shall endeavor to construct, maintain and landscape the New Berm so that
it looks as identical to the Existing Berm as is practicable;
(b) Wilson shall keep not less than 100' of the existing berm measured
from the northwest corner of the intersection of North Fox Run Avenue and West
Chinden Boulevard west; and
(c) Maintenance of new and existing berm shall include, but not be
limited to, irrigation, lawn mowing and tree trimming."
The required berm was in fact promptly installed and landscaped, and has been and is
being maintained, in compliance with the quoted provisions of the RUA. It is my understanding
that subsequent to the completion of construction of the berm, a neighbor complained that the
constructed berm was not tall enough. In response, you offered to install additional evergreen
trees in the berm to improve the visual screening, and you did so. It is my further understanding
that subsequently, you received no further neighbor complaints. Finally, it is my understanding
that to address the neighborhood concerns regarding visual and sound screening, you have
offered to reconstruct the berm to a greater height, with substantial landscaping thereon, at such
time as the five acres parcel is developed for neighborhood business use.
Charles H. Wilson
November 23, 2009
Page 4
I trust the foregoing corrects the record, and answers the allegations asserted. Please
advise if I may further assist in this matter.
Sincerely,
Cam-~
Don Knickrehm
DEK/kml
Enclosures
716606_1
cc: Chairman Gary Tanner
Commissioner Derek Smith
Commissioner David Aizpitarte
Commissioner Victor Villegas
Commissioner Dan Roehling
William E. Vaughan, Zoning Administrator
Jeff Lowe
Mike Williams
When Recorded, Return to:
Christopher J. Beeson, Esq.
Givens Pursley LLP
277 North Sixth Street
P.O. Box 2720
Boise, ID 83701
3 �5 S 3 23
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02/28/03 11:30 AM
DEPUTY Jamie Parsons
RECORDED —REQUEST OF
First American Title Company I
AMOUNT 45.00
15
�:�r
F.�
NOV 20M
Fite:
Route to:
FULL RELEASE OF PROPERTY FROM COVENANTS,
CONDITIONS AND RESTRICTIONS OF FOXTAIL SUBDIVISION
THIS FULL RELEASE OF PROPERTY FROM COVENANTS, CONDITIONS
AND RESTRICTIONS OF FOXTAIL SUBDIVISION ("Release") is dated effective as of
the 2_0 day of 2002 by the undersigned owners of lots in Foxtail
Subdivision (the "Owners") who collectively own 75% or more of the lots in Foxtail
Subdivision.
RECITALS
A. Reed J. Bowen, Jr. and Mary H. Bowen, husband and wife (the "Bowens")
are the owners of the following described real property in Ada County, Idaho (the
"Property"):
Lot 1, Block 2 of the Foxtail Subdivision, according to the
official plat thereof filed in Book 73 of Plats at Pages 7563
and 7564 of the real property records of Ada County, Idaho.
B. The Property is subject to that certain Amended Declaration of Protective
Covenants, Conditions, and Restrictions of Foxtail Subdivision, fled in real property
records of Ada County, Idaho as Instrument No. 97075127 ("CC&Rs") and that certain
plat of Foxtail Subdivision, filed in the real property records of Ada County, Idaho, in
Book 73 of Plats on Pages 7563 and 7564 (the "Plat") which, among other things,
prohibit the use of the Property for the commercial uses associated with a golf course.
C. The Bowens and Wilson Properties, L.P., an Idaho limited partnership
("Wilson"), have entered into that certain Purchase and Sale Agreement dated August
3, 2002 whereby the Bowens have agreed to sell the Property to Wilson and Wilson
agreed to purchase the Property, provided that the CC&Rs and certain restriction under
the Plat are released.
D. In consideration for the Owners granting the releases desired, Wilson has
agreed to place certain restrictions on the Property and to construct certain landscaping
improvements, as set forth in the form of a Restrictive Use Agreement to be dated
effective contemporaneously with this Release, to prevent the use of the Property from
causing unreasonable interference with the Owner's use and enjoyment of their lots.
FULL RELEASE OF PROPERTY FROM COVENANTS, CONDITIONS AND RESTRICTIONS OF FOXTAIL SUBDIVISION - 1
S:\CLIENTS\5142\13\Release.DOC
THE UNDERSIGNED OWNER(S) OF LOT 1--, BLOCK OF FOXTAIL
SUBDIVISION HEREBY AGREES TO AND JOINS IN THE FULL RELEASE OF
PROPERTY FROM COVENANTS, CONDITIONS AND RESTRICTIONS OF FOXTAIL
SUBDIVISION.
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S:\clients\5142\13\Counterpart Signature Page.DOC
THE UNDERSIGNED OWNER(S) OF LOT 2--, BLOCK I OF FOXTAIL
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COUNTERPART SIGNATURE PAGE
FULL RELEASE OF PROPERTY FROM COVENANTS, CONDITIONS AND RESTRICTIONS OF FOXTAIL SUBDIVISION
S:lclients151421131Caunterpart Signature Page.DOC
THE UNDERSIGNED OWNER(S) OF LOT —�—, BLOCK OF FOXTAIL
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S:\dients151421131Counterpart Signature Page.DOC
THE UNDERSIGNED OWNER(S) OF LOT G , BLOCK t OF FOXTAIL
SUBDIVISION HEREBY AGREES TO AND JOINS IN THE FULL RELEASE OF
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STATE OF IDAHO }
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S:11ciients151421131Counterpart Signature Page.DOC
THE UNDERSIGNED OWNER(S) OF LOT t , BLOCK J.— OF FOXTAIL
SUBDIVISION HEREBY AGREES TO AND JOINS IN THE FULL RELEASE OF
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COUNTERPART SIGNATURE PAGE
FULL RELEASE OF PROPERTY FROM COVENANTS, CONDITIONS AND RESTRICTIONS OF FOXTAIL SUBDIVISION
S:1clients151421131Caunterpart Signature Page.DOC
THE UNDERSIGNED OWNER(S) OF LOT1-1-, BLOCK Z— OF FOXTAIL
SUBDIVISION HEREBY AGREES TO AND JOINS IN THE FULL RELEASE OF
PROPERTY FROM COVENANTS, CONDITIONS AND RESTRICTIONS OF FOXTAIL
SUBDIVISION.
STATE OF 1DAHO }
} County of- } ss.
0
On this 2 -'l day of c4 T` 2002, before me, a Notary Public
in and for the State of Idaho, personally appeared
° known ors
identifie to me to be the Owner(s) of Lot , Block _2�=_
me that executed the same. and acknowledged to
Nota'ublic aho
Resi&g at
My Commission expires O 2cxo
. 0T,„go
>
� � r
s 4W0aim r
'
f
OF
COUNTERPART 'TGNATURE PAGE
FULL RELEASE OF PROPERTY FROM COVENANTS, CONDITIONS AND RESTRICTIONS OF FOXTAIL SUBDIVISION
S:\clients\5142\13\Counterpart Signature Page.DOC
THE UNDERSIGNED OWNER(S) OF LOT -3 , BLOCK /- OF FOXTAIL
SUBDIVISION HEREBY AGREES TO AND JOINS IN THE FULL RELEASE OF
PROPERTY FROM COVENANTS, CONDITIONS AND RESTRICTIONS OF FOXTAIL
SUBDIVISION.
STATE OF IDAHO )
) ss.
County of _� KDA- )
On this day of /� �-- , 2002, before me, a Notary Public
in and for the State of Idaho, per onally appeared 2a 7r
' known or
identified t me to be the Owner(S) of Lot —�, Block. ? and acknowledged to
me that executed the same.
+•;bd�,�*•*••.•�� '•, Not Publib4drdahn
►►'� g �' Res0iing at t 5�
,� na :z ,
My Commission expires ()a
COUNTERPART SIGNATURE PAGE
i=ULL RELEASE OF PROPERTY FROM COVENANTS, CONDITIONS AND RESTRICTIONS OF FOXTAIL SUBDIVISION
S:\clients\5142\13\Counterpart Signature Page.DOC
THE UNDERSIGNED OWNER(S) OF LOT A-, BLOCK.:), OF FOXTAIL
SUBDIVISION HEREBY AGREES TO AND JOINS IN THE FULL RELEASE OF
PROPERTY FROM COVENANTS, CONDITIONS AND RESTRICTIONS OF FOXTAIL
SUBDIVISION.
STATE OF IDAHO }
) ss.
County of PuLo,
On this day of t t��
in anNfor j State of aho, pens pally
identified t me to be the Owner(s) of Lot
me that executed the same.
L.
• N0TAR
UBLIC• i
OF t����`
tt:Itra;
2002, befor me, a Not Pu lic
appeared L�K
known or
Block �,and acknowledged to
9'
r
Notary Public for N ah
Residing at
My Commission expires {�
COUNTERPART SIGNATURE PAGE
FULL RELEASE OF PROPERTY FROM COVENANTS, CONDITIONS AND RESTRICTIONS OF FOXTAIL SUBDIVISION
S:lclients151421131Counterpart Signature Page.DOC
THE UNDERSIGNED OWNER(S) OF LOT 5 , BLOCKJ,OF FOXTAIL
SUBDIVISION HEREBY AGREES TO AND JOINS IN THE FULL RELEASE OF
PROPERTY FROM COVENANTS, CONDITIONS AND RESTRICTIONS OF FOXTAIL
SUBDIVISION.
ki rn LAsk,,,
STATE OF IDAHO
ss.
County of Ades- )
On this :J� day of y 2002, before me, a NotaryPublic
in and for th S to of Idaho, pers pally appeared r.�- '�
✓ known or
identified o me to be the Owner(s) of Lot ,Block ,and acknowledged to
me that executed the same.—
0 TA I? •:
••. •,`•�� ,moo
OF 0V z' `+`'
t Jf/�
Notary Public forA dah n
Residing at
MY Commission expires KLI 1
COUNTERPART SIGNATURE PAGE
FULL RELEASE OF PROPERTY FROM COVENANTS, CONDITIONS AND RESTRICTIONS OF FOXTAIL SUBDIVISION
S:1c1ients151421131Counterpart Signature Page. DOC
THE UNDERSIGNED OWNER(S) OF LOT f'� ,BLOCK OF FOXTAIL
SUBDIVISION HEREBY AGREES TO AND JOINS IN THE FULL RELEASE OF
PROPERTY FROM COVENANTS, CONDITIONS AND RESTRICTIONS OF FOXTAIL
SUBDIVISION.
STATE OF IDAHO )
A
ss.
County of DA )
On
in and for
this
the
'�y
day of-��w,�-,
of Idaho
personally
2002, before me,
appeared (-2)c, �
a NotaryP
Public
L
State
known or
identified to me to be the Owner(s) of Lot �o , Block �-- , and acknowled ed to
me that 6� executed the same. 9
SON � Nriding
u b r o
ti� ��••,� R at c
Mmission expires B �o
t> T,�1.0
+ S +10
•
•OF ID
COUNTERPART SIGNATURE PAGE
FULL RELEASE OF PROPERTY FROM COVENANTS, CONDITIONS AND RESTRICTIONS OF FOXTAIL SUBDIVISION
S:\ciients\5142113\Counterpart Signature Page.DOC
THE UNDERSIGNED OWNER(S) OF LOT _C�- , BLOCK I OF FOXTAIL
SUBDIVISION HEREBY AGREES TO AND JOINS IN THE FULL RELEASE OF
PROPERTY FROM COVENANTS, CONDITIONS AND RESTRICTIONS OF FOXTAIL
SUBDIVISION.
STATE OF IDAHO }
ss.
County of �,A
On this day of I--, 2002, before me, a Notary Public
in and for the State of Idaho, personally appeared (' hr i �k►�"��e, Cck- S ey
known or
identified to me to be the Owner(s) of Lot �, , Block 2 , and acknowledged to
me that k --2 executed the same.
FW
.•••gCm s,^.,Not W.� bl i n l a ho
ReVing at _
1to�' j N�,� My Commission expires
C:
�#� ID A��'�•,,.
�a►.�oR�*sue
COUNTERPART SIGNATURE PAGE
FULL RELEASE OF PROPERTY FROM COVENANTS, CONDITIONS AND RESTRICTIONS OF FOXTAIL SUBDIVISION
S:lclients151421131Counterpart Signature Page.DOC
When Recorded, Return to:
Christopher J. Beeson, Esq.
Givens Pursley LLP
277 North Sixth Street
P.O. Box 2720
Boise, ID 83701
1357-39-3
ADA COUNTY RECORDER J. DAUIQ NAVARRD q
BOISE IDAHO 02126(03 11:30 AM
DEPUTY Jamie Parsons
RECORDED -REQUEST OF ��I IIIIIIIIIIIIIfIIIIIIfIIIIIIII iIIII First American Title Company �
AMOUNT 1200 C�"40 3_..
g32638
RESTRICTIVE USE AGREEMENT
CITY 0F EAGLE
NOV 009
File:.�:�,,.
This RESTRICTIVE USE AGREEMENT (this "Agreement") is dated effective as
of the 2-9T'* day of ,lv�u�.i , 2002 by and between the FOXTAIL HOMEOWNERS
ASSOCIATION., INC., an Idaho corporation ("Foxtail"), and WILSON PROPS
L.,- , n Idaho 11IT � Y; Li ,_.. , ;p "\�!Jilson"). RT�__�
RECITALS
A. Wilson has entered into that certain Purchase and Sale Agreement dated
August 3r', 2002 with Reed J. Bowen, Jr. and Mary H. Bowen the "B
purchase the following described real property in Ada Count Idaho ( °wens" } to
Y, (the "Property"):
).
Lot 1, Block 2 of the Foxtail Subdivision, according to the
official plat thereof filed in Book 73 of Plats at Pages 7563
and 7564 of the real property records of Ada County, Idaho.
B. Wilson has conditioned its purchase of the Property on the release certain
restrictions recorded against the Property that would prohibit Wilson's use of the
Property in conjunction the golf course facility adjacent to and west of the Pro e the
"Foxtail Golf Course"). p
C. The beneficiaries of those certain restrictions recorded against the
Property have agreed to release those restrictions, in the form of a Full Release Of
Property From Covenants, Conditions And Restrictions Of Foxtail Subdivision to be
dated effective contemporaneously with this Agreement, provided that Wilson agrees to
record those certain use restrictions contained in this Agreement against the Property.
.
D. To facilitate the transaction contemplated above, Wilson desires to restrict
the use of the Property as set forth below, effective upon Wilson's acquisition of the
Property.
RESTRICTIVE USE AGREEMENT — I
S:\CLIENTS\5142\13\2002-08-29 Final Restrictive Use Agreement.DOC
AGREEMENT
NOW, THEREFORE for good and valuable consideration sufficiency of which are hereby acknowledged, the parties hereto agree
receipt and
gree as follows:
1. Use Restrictions. Wilson shall not use the Property:
(a) to operate a clubhouse facility for the FDxtail Golf Course;
(b) for outdoor equipment storage on those portions of the p ert':=
�� �?e �' north
ri rap s�Y
rn diat-e no th F d east of fhe existing barn located on tthe
Property, except in enclosed structures;
(c) for public parking of patrons of the Foxtail Golf Course;
(d) to provide public access for the patrons of the Foxtail Golf
via North Fox Run Avenue (which runs along the east boundary Course
the Property), ndary of
2. Landscaping. Wilson shall ccrIstr►.�ct "�d maintain the lands
PrQr .I i follows: landscaping p g on the
(a) Wilson shall construct, maintain and landscape a berm aloe
boundary of the Property up to the current entrance to the Property g the east
Run Avenue ("New Berm"). Such New Berm shall substantiallyoff of North Fox
reasonable respects with the existing berm located on the south conform in all
boundary of the
)
Property (along West Chinden Boulevard) ("Existing Berm"). Wilson
to construct, maintain and landscape the New Berm sotshall endeavor
the Existing Berm as is practicable; that it looks as identical to
(b) Wilson shall keep not less than 100' of the existing berm
from the northwest corner of the intersection of North Fox Run Av from
Chinden Boulevard west; and enue and West
(c) Maintenance of the new and existing berm shall include
limited to, irrigation, lawn mowing And +r,e �i +r„ 1 ,but not be
� `^• •-+ 4�am+tl I it f 11t Ig,
3. Doors on Existing Barn. For the existing barn located o
Wilson shall endeavor to keep the doors facing toward the north n the Property,
the Property rincari ,a,hr,r �,.� :� . and east hnl tn�t��-�c. ,.�
- -- -"-4 t ,tLJL III use or scheduled for use. -- �v~ c.
-I Ul
4• Effective Date- Recordation This Agreement shall
effective unfit Wilson's acquisition of the —Property.
Contemporaneously with t/Uilson'S
not be deemed
acquisition of the Property, this Agreement shall be recorded in the real property
records of Ada County, Idaho.
r
o. Binding Effect. This Agreement shall be binding upon and
benefit and detriment of the parties and their res ective successors p Shall inure to, the
with, be appurtenant p ccessors and assigns, and trrtn
ppurt.�nant to and pass with title fo fhe Pro�;ert'y. This Agreement
irdivisibie from the lands appurtenant and shall be in �; g nt shall be
se4parately from thebenefifed and hl ►rrlanarl r,.,r.,,,- _ no tent transferred or assig,ed
- Ha►�C►b, or any part thereof.
RESTRICTIVE USE AGREEMENT — 2
SACLiENTS1514211312002-08-29 Final Restrictive Use Agreement.DOC
6. Beneficiaries; Enforceability. Nothing in this Agreement
benefit of or create a cause of action in favor of any third a No o shall accrue to the
Foxtall Subdivision shall have the right individually, or in combinationcaner of any lot In
to enforce the terms and conditions of this Agreement except b with other lot owners,
p y and through Foxtai[.
7. Attorneys' Fees. in the event of any controversy, claim or action filed or instituted between the parties to this agreement toe being
nforce the t
conditions of this use Agreement or arising from the breach erms and
prevailing party will be entitled to receive from the other a of any provision hereof, the
expenses, including reasonable attc=rneys' fees, i�-,coy-re � all costs, damages, and
whether or not such controversy or claim is litigated orprosecutedhe prevailing party,
prevailing party will be that party who was awarded judment asto judgment. The
arbitration. 9 a result of trial or
8. General. This Agreement constitutes the entire agreement between the
parties. ' No modification shall be binding on the parties unless it shall be in writing and
signed by both parties. The headings contained in t' .. s Agreemeint are for r f r
enc
purposes oniy and shall not in any way affect the meaning or interpretation hereof. e
Neither party's right to require performance of the other party's obligations
der this
agreement shall be affected by any previous waiver, forbearance, or course o
Neither party shall hold the other responsible for a default, delay, or failure f dealing.
to acts of God, strikes, lockouts, civic unrest, accidents or other events beyond be onthe other
perform by
party's control. This Agreement shall be governed by the laws, including conflicts co lavers, in the State of Idaho as an agreement between residents of the S aIda
da of
to be performed within the State of Idaho. of daho and
The parties have executed this use Agreement effective as of the date firs
forth above. t set
"Foxtail" FOXTAIL HOMEOWNERS ASSOCIATION INC.,
an Idaho corporation
Its: T9,L--t.%,n SAj I
"Wilson" WILSON PROPERTIES L.P.,
an Idaho limited partnership
By: FORT WILSON, INC.,
an Idaho corporation, its general partner
Charles H. V11i[son, President
RESTRICTIVE USE AGREEMENT -- 3
SACLIENTS1514211312002-06-29 Final Restrictive Use AgreemenLDOC
STATE OF IDAHO )
} County of A } ss.
On this day of use, 2002, before me, a Notary Public in and for said State, personally appeared �d
Sc-��ck r the GCen�- of Foxtail
Homeowners' Association, Inc., and acknowledged to me that executed
same on behalf of Foxtail Homeowners' Association, Inc. and that had the
r �ihority `c do act. _ _h.,
soN•S1610
w>A(' LYC
oA ID �•
IS
STATE OF IDAHO }
ss.
County of }
o ry Pu i-s- Idaho
siding at _ �, c�
My omn'lission :e-x i3 es — Gn- I_
On this lu day of���t, in the year of 2002 before
� me, a Notary Public in
and for said State, personally
P y appeared CHARLES H. WILSON, the PRESIDENT of
FORT WILSON, INC., the General Partner of WILSON PROPERTIES L.P.
acknowledged to me that he executed the same on behalf of Fort Wilson, Inc. Gener d Partner of Wilson Properties, L.P. and Wilson Properties, L.P. and that he had tl,' nI ►fhnrii,. 3-.-. -1„
•-.�+�„v� �+.y w uu So. 11
uilPfor I aho,
�s
0
ing'q
.-my �1�11I�rt expires Os-
}�
.011
0
RES T RICT)VE USE AGREEMENT — 4
S:ICLIENTSt514211M002-08-29 Final Restrictive Use Agreement. DOC
RECEIVED & FILED
CITY OF EAGLE
NOV 2 4 2009JL
/
Eagle 'tc� with more
4 rile:
- Chamber of Commerce Route to:. Nib t om tide your door.
November 16, 2009
Eagle City Planning and Zoning Chairman & Commissioners,
660 Civic Way
Eagle, ID 83616
Dear Commissioners,
Bob Banks, representing Capital Development and Wilson Properties made a
presentation to the Eagle Chamber of Commerce Economic Development Committee
regarding the potential development of the NEC of Linder and Chinden for annexation &
zoning request. At this presentation the Eagle Chamber of Commerce Economic
Development committee was asked to endorse this project. A vote was taken and
unanimously passed in favor of supporting the proposed development.
At this time we are requesting approval of this project for the following reasons:
1. This is a great opportunity for Eagle to improve in strategic growth, not only
for the expansion of Eagle City limits, create jobs for the citizens of Eagle,
and tax base for a sustainable and financially stable budget.
2. The opportunity to lock down the Southwest entrance into Eagle. This
strengthens the ,"Gateways" into our community. Eagle is being encroached
on by the City of Meridian as they grow north. Meridian has already jumped
north of Chinden and annexed the northwest corner of Chinden and Linder
and extends west all the way to BlackCat. It is of the upmost importance that
Eagle retains this corner.
3. The sustainability of this project is based upon current and future surrounding
area communities' residential population trade area.
4. Chinden Boulevard is designated by most of the planning organizations
around the Boise Valley as a major arterial carrying a large amount of traffic.
Therefore, when considering approval or disapproval, some thought may be
weighed on the fact, if this development does not gain approval in the City of Eagle, this
consortium can potentially move the project to any of the remaining three corners on
the quadrant. For all the reason mentioned above the Eagle Economic Development
Committee and the Eagle Chamber of Commerce Board of Directors is asking the City
P.O. Box 1300 • 597 E. State Street 208.939.4222 www.eaglechamber.com
Eagle, Idaho 83616 fax 208.939.4234 eaglechamber@eaglechamber.com
of Eagle Planning and Zoning to move this project forward and give approvals to these
landowners.
Keep in mind, as this project moves forward the amount of residential and commercial
development will not materialize overnight and instantly produce all the components of
this development. Customer counts and traffic flow will grow as the development grows
over time.
Thank you for your time and consideration for this project.
Sincerely,
Teri Bath
President
Committee
Lee Schrack
Chairman
Economic Development
Key Private
Bank
OMMI.
December 7, 2009
Honorable Phil Bandy, Mayor
City of Eagle
PO Box 1520
660 E. Civic Lane
Eagle, ID 83616
Dear Mayor Bandy,
KeyBank National Association
Member FDIC
Mailcode: ID-56-KF-0500
702 W. Idaho St. 5th Floor
Boise, ID 83702
Tel: 208-364-8760
Fax: 208-364-8756
RECEIVED & FILED
CITY OF EAGLE
IEC' 0 8 2 009
File:
Route to: --
I am writing to you in regards to Charles Wilson and his request to change the zoning of
Foxtail golf course.
Mr. Wilson has been a client both of Key Private Bank and Key for over 25 years.
During that time I can personally attest to Mr. Wilson's character. He exemplifies the
utmost in integrity, honesty and professionalism. The numerous business transactions I
have had with Mr. Wilson, his various business entities and his family have all been
handled as agreed.
Mr. Wilson is also one of the most prominent businessmen in our community. Besides
being a client of Key Bank of Idaho, he served for several years on Key Bank's
community Advisory Board. During this time, I greatly valued his input and suggestions
and still do today.
As a valued client, I am supportive of Mr. Wilson in his business endeavors.
Sincerely,
Joel S. Hickman
District President
Key Bank of Idaho
Phone: (208) 364-8761
Fax: (208) 364-8757
Email: ioel hickman&tkeybank.com
Bank products made available through KeyBank National Association, Member FDIC and Equal Housing Lender
Cc: Councilman Norm Semanko
Councilman John Grasser
Councilman Michael Huffaker
Councilman Al Shoushtaria
Bill Vaughn, Eagle City Planning Director
INTER
OFFICE
City of Eagle
Zoning Administration
To: Planning and Zoning Commission
From: Michael Williams, PCED, Planner II,
Subject: CPA-07-08/A-05-08/RZ-11-08 —Comprehensive Plan Map and Text
Amendment from Public/Semi-Public and Transitional Residential to Mixed
Use and an Annexation and Rezone from RUT (Rural -Urban Transition -Ada
County Designation) to MU-DA (Mixed Use with a development
agreement) for Wilson Properties, L.P., and Wilson Holding, LLC,
represented by Gene Shaffer with CSHQA
Date: June 10, 2009
Copy to: CSHQA, Attn: Gene Shaffer, 250 S. Fifth Street, Boise, ID 83702
Staff is requesting this application be continued to a special meeting to be held on July 13, 2009.
Page 1 of 1
KAPlanning DeptTagle Applications\CPA\2008\CPA-07-08 & A-05-08 & RZ-11-08 mel Wilson Property.doc
INTER
OFFICE
City of Eagle
Zoning Administration
To: Planning and Zoning Commissioners
From: Mike Williams, PCED, Planner II
Jeff T. Lowe, AICP, Planner II J.-
Subject: CPA-07-08/A-05-08/RZ-011-08 — Wilson Properties L.P. and Wilson Holdings,
LLC, represented by Gene Shaffer with CSHQA
Date: July 8, 2009
Attachment(s): N/A
CC: Gene Shaffer, 250 S. Fifth Street, Boise, ID 83702
As of this date, information and data continues to be submitted relative to the analysis of this application.
Further, there are concerns ITD and ACHD have expressed that have not yet been resolved, and thus a
staff report has not been generated for your review.
Recognizing the complexities and unresolved concerns of this application, staff advises that this item be
remanded to staff, with a date to be set upon determination that the application/report is sufficiently
prepared for a hearing. The meeting will be re -noticed pursuant to the notice requirements as outlined in
Eagle City Code 8-7-8.
Staff will defer to the Commission to determine the appropriate action.
Page 1 of 2
KAPlanning DeptTagle ApplicationsTPA\2008\CPA-07-08 & A-05-08 & RZ-11-08 pz mel.doc
55
INTER Cl of Eagle
ty
Zoning Administration
OFFICE
To: Planning and Zoning Commission$rs,
From: Jeff T. Lowe, AICP, Planner II,-_ L-11
Subject: CPA-07-08/A-05-08/RZ-011-08 — Wilson Properties L.P. and Wilson Holdings,
LLC, represented by Gene Shaffer with CSHQA
Date: October 21, 2009
Attachment(s): N/A
CC: Gene Shaffer, 250 S. Fifth Street, Boise, ID 83702
Due to a Public Hearing notification issue (lack of proper posting of signs on the subject site), this item
will be re -noticed for a future date. It is anticipated this may be noticed for the regularly scheduled
meeting of November 16, 2009.
You will receive a copy of the staff report on October 26, 2009.
Page 1 of t
KAPlanning DeptTagle ApplicationsTPA\2008\CPA-07-08 & A-05-08 & RZ-11-08 pz meldoc
10-Yt dal
OFFICE
City of Eagle
Zoning Administration
To:
Planning and Zoning Commissio rs
From:
Jeff T. Lowe, AICP, Planner II
Subject:
CPA-07-08/A-05-08/RZ-011-08 — Wilson Properties L.P. and Wilson Holdings,
LLC, represented by Gene Shaffer with CSHQA
Date:
November 10, 2009
Attachment(s):
Letter from Columbia Valuation Group, Inc. date stamped by the City on November
2, 2009
Letter from John and Kay Carter, 1065 River Heights Drive, Meridian, ID 83646,
date stamped by the City on November 3, 2009
Letter from Wilson Properties L.P. date stamped by the City on November 5, 2009
CC: Gene Shaffer, 250 S. Fifth Street, Boise, ID 83702
The above referenced correspondence was received subsequent to the preparation and distribution of the
staff report and is provided for your consideration.
Page 1 of 1
KA\Planning DeptTagle Applications\CPA\2008\CPA-07-08 & A-05-08 & RZ-11-08 pz meldoc
COLLUMBIA VALUATION GROUP, INC.
Real Estate: Appraisers and Consultants
1602 Sherman Avenue, Suite 100
Coeur d'Alene, ID 83814
208-667-7940
Fax 208-666-1474
Email: moecvgLverizorn.net
October 20, 2009
Mr. Gary Tanner, Chairman
City of Eagle Planning and Zoning Commission
660 E. Civic Lane
PO Box 1520
Eagle, ID 83616
RE: Cantlon Properties, Inc.
Dear C,hain-nan Tanner,
Stanley D. Moe, MA
RFCEttrz,
CI TY OF fir:
'ILE
File:
Rate to:..�-,.
It is my understanding that Roger Cantlon, together with Bob Banks, Charlie Wilson and Gene Shafer will be
presenting a development plan to you in the near future. I have been a real estate appraiser and consultant in
Idaho for the past 33 years and have worked with these gentlemen on several retail projects in Idaho,
Washington and Utah. During this time I have also served as chairman and board member on the Idaho Real
Estate Appraiser Licensing Board and qualified as an expert witness in State and Federal courts. In my
experience the Cantlon team is among the best in the business, but not having done any high -profile projects in
Boise, their experience and expertise may not recognized. I am writing to express my support for this
development team. In making the type of decisions that come before you, I know it is important to have a
degree of confidence in the parties.
Mr. Cantlon was the lead on most projects I worked on. My involvement included market studies, feasibility
analyses and valuations. He has never failed to complete a project he started, and never produced a retail
center that was not a success. To the contrary, he has taken more than one project over after the initial
developer failed and turned these projects into winners. Having worked with numerous retail developers and
appraised numerous shopping centers throughout the northwestern states, I found Mr. Cantlon and his team to
be the most thorough and detailed of any in his planning and building processes. With his years of experience I
can think of no one more qualified to lead a development team in these difficult and uncertain times. Please
feel welcome to call me if you have any questions.
Sincerely,
COLUMBIA VALUATION GROUP, INC.
Stanley D. Moe, MAI
CC: Mayor Phil Bandy;
William Vaughn, Zoning Admistrator
RECEIVED & FILE i:?
Ci i`Y OF EAGLE
NOV 0 3 2009
File:
Route to:
Jeff T. Lowe, AICP, Plaiuler II
City of Eagle
Post Office Box 1520
Eagle, Idaho, 83616-1520
RE: CPA-07-08/A-05-08/RZ-11-08
Dear Mr. Lowe:
065 River Heights Drive
Meridian, Idaho 83646
October 30, 2009
Our property is adjacent to the Fox Run Golf Course, a five acre lot directly to the north.
We are opposed to the proposed zoning and comprehensive plan changes that Wilson Properties
L.P. and Wilson Holdings, LLC have submitted. We have tried to look at your zoning
information; however, we were unable to find exactly what a designation of MU-DA would
mean to the adjacent property owners. However, it doesn't appear that this change would be in
the best interest of owners of existing residences.
The current Eagle Comprehensive Plan states that development should be
compatible with exiting properties, especially in the Rim View Planning Area. How is a zone
change to allow a higher density compatible with the existing five, two and one acre residential
properties that currently exist? Why can't the home owners in the area be provided with the
existing language of the code, along with the proposed new language? Why must it be so
difficult for the residents who will be affected to figure this out; when in the long run, they are
going to be greatly impacted?
While we're not sure what the housing density is in the proposed project, it seems too
high for the neighborhood. A more interesting, creative and beautiful project, more compatible
with adjacent established areas could be developed. We don't need more cookie -cutter
uevelopnicnis l iic appliC atAS coficepl, which would (� allowed anuGi 1111. Propvscu Z011111g
changes, does not fit in well with the surrounding neighborhood.
I would urge you and the Zoning Council to consider the long-term impacts of this
decision and reject the applicant's proposed development as now planned. Thank you.
Sincerely,
w
Jon & Kay Carter
cc: S.Trosper
WILSON PROPERTIES L.P.
Since 1955
P. O. Box 2793 • Boise, Idaho 83701
1101 W. River St., Ste. 150 • Boise, Idaho 83702
Phone (208) 424-9322 • Fax (208) 424-9020
November 5, 2009
Chairman Gary Tanner
City of Eagle Planning and Zoning Commission
P.O. Box 1520
Eagle, ID 83616
RE: Hearing Procedures,
Applications CPA-07-08/A-05-08/RZ-11-09;
Wilson Properties (Foxtail)
Dear Chairman Tanner:
�lTy QF EAEt
F
Flee: NOV 0 5 2009
Rour'- r�-�-
We are pleased to be finally presenting our Applications to the Commission on
November 16, 2009. We will be before you in a joint effort, with Capital Development and the
Yorgason family (Applications A-04-09 and RZ-04-09). We understand that the Commission
and its chair determine the hearing Agenda and order of presentation. We are writing to propose
an order of presentations which we believe will be most effective. We have previously discussed
this matter with Staff, and we understand Staff is amenable to our proposal.
We have worked for well over a year very closely with the Yorgasons, we have attempted
to incorporate City Counsel concerns learned during the hearings for Eagle Island Market Place
(Fred Meyer), and since the Fall of 2008, we have had extensive dialogue with the Eagle
Planning and Zoning staff, to create a Master Plan for our two adjacent properties, to the ultimate
benefit of the City of Eagle. We have been told that the expeditious approval of this Master Plan
would also help expedite the Fred Meyer schedule.
Although Wilson Properties and Capital Development have submitted separate
Applications, we have consistently worked closely together to organize a coordinated joint
presentation, and we have requested that the respective applications proceed together, in a joint
hearing. We have also worked with the City Planning and Zoning Staff and the City Attorney to
accomplish this goal.
The proposed Comprehensive Plan amendments, annexations and zoning presented by
the respective Applications are significant and important matters for the City of Eagle. In order
to make certain that you receive adequate information to make the best decision for the City of
Eagle, we have prepared a detailed, coordinated joint presentation for you. To that end, and
consistent with the way we have organized and coordinated our presentation, we propose to
proceed in the hearing before the Commission as follows:
Gary Tanner
November 5, 2009
Page 2
Applicants' Presentations:
A. Introductions and Overviews: Bob Banks.
B. The Residential Components of Both Applications:
David Yorgason.
C. The Commercial components of the Wilson Property Applications:
Bob Banks.
II. Presentation by City Staff of Staff Reports.
III. Public Comment and Testimony.
IV. Applicants' Rebuttal.
V. Hearing Closed, Commission Discussion.
VI. Motions and Vote on Capital Development Applications.
VII. Motion and Vote on Wilson Properties Applications.
We fully understand and appreciate that, as previously stated, it is the prerogative of the
Commission and its Chairman to set the agenda and the presentation order, and we do not
presume to encroach upon your prerogative. However, the proposed order and organization of
presentations does reflect a great deal of work and joint effort on the part of the respective
Applicants. If you have any concerns whatsoever with our proposed sequence and order of
presentation, please advise us of those concerns immediately.
We fully recognize that your decisions on the respective Applications will be of
substantial importance to the City of Eagle, and its citizens. We are also mindful of the
substantial voluminous amount of information already presented to the Commissioners in the
Staff Reports on these Applications, and the further substantial and critical information and data
that is to be presented by the Applicants in the course of the hearing. We are hopeful that you
will be able to make a decision and recommendation to the City Council at the conclusion of the
hearing on November 16. However, realistically, we recognize you may need additional time to
review, understand, and assimilate all of the information presented, and for further discussion.
We are highly concerned, given the upcoming holiday season, regarding potential delays in
getting your recommendation and these Applications to the City Council, so that the City
Council has an opportunity to act prior to Christmas. Time is truly of the essence with these
Applications, as will be specifically addressed in our joint presentation.
It is truly unfortunate that an inadvertent technical error in the posting and posting
certification led to the cancellation of the Commission hearing for these Applications previously
scheduled on October 26, 2009. That most unfortunate occurrence has truly put us in a bind in
terms of hearing schedules. Consequently, we are requesting, and imploring your consideration,
of holding a special Commission hearing on November 23, should you determine not to make a
Gary Tanner
November 5, 2009
Page 3
final decision at the conclusion of the hearing on the 1611i Indeed, even if you do make a
decision at the end of the hearing on the 16th, we request a special Commission hearing on the
23'd for the purpose of adopting the Findings and Conclusions in order to forward this matter on
to Council, so that Council might hear this matter prior to the Christmas holidays and recess.
Your time and consideration are greatly appreciated. We thank you.
Very Truly Yours,
WILSON PROPERTIES, L.P.
Charles H. Wilson
cc: Eagle City Planning and Zoning Commissioners
William E. Vaughan
Susan Buxton
Mayor Phillip Bandy.
Whag onyour fist today?YOUR find it at
FredM6yer
FRED MEYER STORES • P.O. Box 42121 . Portland, OR 97242-0121 •3800 SE 22nd Avenue • Portland, OR 97202-2918.503 232-8844 • http://www.fredmeyer.com
November 11, 2009
Chairman Gary Tanner
City of Eagle Planning and Zoning Commission
P.O. Box 1520
Eagle, ID 83616
RE: Hearing Procedures,
Applications CPA-07-08/A-05-08/RZ-11-09;
Wilson Properties (Foxtail)
Dear Chairman Tanner:
RECEIVEL? & FILED
CITY OF EAGLE
NOV 16 2009
File: -
Route to:
I am writing a letter in support of Wilson Properties and Capital Development
Applications for Annexation, Rezone, and Comprehensive Plan Amendments. I have
appreciated the opportunity to work closely with the applicants and the City of Eagle, in
conjunction with the existing approvals for Fred Meyer and the Eagle Island Market Place.
Our development timeline goals are somewhat dependant on Wilson Properties and
others ability to effect annexation and we are anxious to have them annexed into Eagle, to make
possible the completion of the annexation of our project, and to make the final development of
Eagle Island Market Place a reality.
Thank you for your time and consideration. Please feel free to contact the undersigned
directly with any questions or comments in this regard.
Sincerely,
Fred Meyer Stores, Inc.
Don E. Forrest
Site Acquisition Manager
Direct — (503) 797-3117
cc: Commissioner Dan Roehling
Commissioner Derek Smith
Commissioner David Aizpitarte
Commissioner Victor Villegas
Phillip Bandy, Mayor
William E. Vaughan, Zoning Administrator
Susan Buxton, City Attorney
"Always strive to offer Customers the service, selection, quality and price that satisfies them best." Fred G. Meyer, Founder, 1886 1978
RECEIVED & FILED
CITY OF EAGLE
. , Nov 2 a Zoos
Eagle
- Chamber of Commerce Route to: ri t o
1
November 16, 2009
Eagle City Planning and Zoning Chairman & Commissioners,
660 Civic Way
Eagle, ID 83616
Dear Commissioners,
f with more
ide your door.
Bob Banks, representing Capital Development and Wilson Properties made a
presentation to the Eagle Chamber of Commerce Economic Development Committee
regarding the potential development of the NEC of Linder and Chinden for annexation &
zoning request. At this presentation the Eagle Chamber of Commerce Economic
Development committee was asked to endorse this project. A vote was taken and
unanimously passed in favor of supporting the proposed development.
At this time we are requesting approval of this project for the following reasons:
1. This is a great opportunity for Eagle to improve in strategic growth, not only
for the expansion of Eagle City limits, create jobs for the citizens of Eagle,
and tax base for a sustainable and financially stable budget.
2. The opportunity to lock down the Southwest entrance into Eagle. This
strengthens the ,"Gateways" into our community. Eagle is being encroached
on by the City of Meridian as they grow north. Meridian has already jumped
north of Chinden and annexed the northwest corner of Chinden and Linder
and extends west all the way to BlackCat. It is of the upmost importance that
Eagle retains this corner.
3. The sustainability of this project is based upon current and future surrounding
area communities' residential population trade area.
4. Chinden Boulevard is designated by most of the planning organizations
around the Boise Valley as a major arterial carrying a large amount of traffic.
Therefore, when considering approval or disapproval, some thought may be
weighed on the fact, if this development does not gain approval in the City of Eagle, this
consortium can potentially move the project to any of the remaining three corners on
the quadrant. For all the reason mentioned above the Eagle Economic Development
Committee and the Eagle Chamber of Commerce Board of Directors is asking the City
P.O. Box 1300 • 597 E. State Street 208.939.4222 www.eaglechamber.com
Eaale, Idaho 83616 fax 208.939.4234 eaglechamber@eaglechamber.com
of Eagle Planning and Zoning to move this project forward and give approvals to these
landowners.
Keep in mind, as this project moves forward the amount of residential and commercial
development will not materialize overnight and instantly produce all the components of
this development. Customer counts and traffic flow will grow as the development grows
over time.
Thank you for your time and consideration for this project.
Sincerely,
Teri Bath
President
Committee
Lee Schrack
Chairman
Economic Development
00181 AQA COUflfygECpROER d, pAYID NAVAAgO .
OEpUiY V�1��jAle+n 0 tlt:42PM AMOUM 00
AECORDEb-REQUESi OF lII IiIIIIIIIIIOIIIIIIIIIIIIIII�
Eagle City
110110848
AN ORDINANCE o"INANCE NO.65.1
CNWCOR-P T � G
C ORPORATE L ET AREA OF CERTAIN PROPERTY
.I�FIANGING T,�.I�T S OF TEE CI A COUREAL NTY AH P.ERTY SITUATED IN TIC
EREIN FRa ZONING CL TY OF �AGLEID �� AND CONTIGUOUS TO
-D-EVE�OP RUT (RUC_ `�SS�zCA7'ZON OF S ro T CITY OF EAGLE, ID TIC
EAGLE TO P AGRE.E TJPWAN TRANSITION D AL PROPERTY DESCRIBED�O;
BE .PILED FLECT SAID T�� AA/
) TO W-DA (MIXED
AS PROVIDED B CxANG-E; .DTPX THE ZON'N(I MAP OF D USE WITH A
E AS YEA 'AND pRdF G THAT COPIES OF THIS OE CITY OF
the laws of thehe to o of .Eagle ID NG AN EFFECTIVE DATE. xNANCE
Id
oft City State of Idaho Idaho �s a m
he ty conti and is unicip co
guous real authorized i rporation organized and operating under
"EREAS propert3''n the manner ex to and incorporate Within t
the o P vided by Section 50-222, Idaho C oundaries
and particularly described
the re ode; and
of Said real pro bed In Exhibi property sitzlated in
perty t4 the City o f bi A of this ordinances incorporated area of Ada Cou
nty
��REAS gle; and has requesteda�exation
describe, the
DA • din Et hi Owner, of -the real pro
' and A °f this ordin��e� sztuated within the
.�� has requested, in ,��-ir Cl�' of Eagle and particularly
Off,-CcREAS' the pro g> a rezone from RUT to MU-
'� parcel numb��� described
SO424346�' I Exhibit ,A„ is identifie
REAS� the plannl 4424314800 d by the Ada
and I�Zg I D -� 1 1100� and County Assessor's
required by law ng _and Zo
Idaho Code, and�xheld a public hear"Ing Commission o f-
ode a recO ng on November 16 the �"pursuant to
mmendation to the , 2009 Public notice as
A'.�IE�EAS, the 1lflayor � as required by Section
heating on February Eagle City Council ar2d Council; and 67-6525,
escrlbed in E«23' 2010� on 'pursuant tQ public
determine xhibit A d2e proposed �e notice as recl-uired by law, he
d that the re ue and as required b xa�ion and � held a public
DA for the q sted annexationY Section 67- zor1ing for the real
Idaho Code, Ea 1 property deScribedshould be a �525$ .fdala o Code, made fin property
g City Code and the In Exhibit' rated and thaw a zo dings and
"A" is a Ong classification of
Eagle Comprehensi pp�'opnate *o meet the requirements
plan and s1-iould be of
granted.
K.1Co1, NCILU:7ra Page I Of
ft Ordinancest©rd 651
Wilson. doe
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
Section 1: The Eagle City Council hereby finds and declares that the real property particularly
described in Exhibit "A", attached hereto and incorporated herein by reference, is contiguous to
the City, that said property can be reasonably assumed to be used for the orderly development of
the City, and that the owner of said property has requested, in writing, annexation thereof to the
City.
Section 2: The real property, all situated in Ada County, Idaho, adjacent and contiguous to the
City, particularly described in Exhibit "A" and as generally shown on Exhibit "B", attached here
to and included herein by reference, is hereby annexed to the incorporated territorial limits of the
City of Eagle, Idaho.
Section 3: The City Council hereby finds and determines that the real property particularly
described in Exhibit "A" and generally as shown on Exhibit `B", attached hereto and
incorporated by reference, is hereby removed from the RUT (Rural -Urban Transition) zoning
classification and is hereby included in the MU-DA (Mixed Use with a development agreement)
zoning classification all pursuant to the Zoning Ordinance of the City of Eagle. The City Council
further finds and determines that said zone change is in accordance with the Eagle
Comprehensive Plan and relevant City Codes and that the Zoning Map of the City is hereby
amended to include the real -property described in Exhibit "A" in the MU-DA zoning district.
Section 4: From and after the effective date of this Ordinance, all property and persons within
the boundaries and territory described above shall be subject to all ordinances, resolutions, police
regulations, taxation, and other powers of the City of Eagle.
Section 5: The City Clerk is hereby directed to file a certified copy of this Ordinance with the
offices of the Auditor, Treasurer, and Assessor of Ada County, Idaho, and with the Idaho State
Tax Commission, Boise, Idaho, as required by Section 54-223, Idaho Code, and to comply with
the provisions of Section 63-21 S, Idaho Code, with regard to the preparation and filing of a map
and legal description of the real property annexed by this Ordinance.
Section 6: This Ordinance shall take effect and be in force from and after its passage, approval,
and publication as required by law. In lieu of publication of the entire ordinance, a summary
thereof in compliance with Section 54-901.A, Idaho Code, may be published.
Page 2 of 3
KACOUNCRADraft Ordinances\Ord 651 WiIson.doc
DATED this 23rd day of November 2010.
CITY COUNCIL OF THE CITY OF EAGLE
Ada,County, Idaho
/ James D. Reynolds, MayoV
AT EST: 0•. .•
00RA F'•;
^: 0
anon K. inann, Eagle City lelk • +
STA TE o *,•` .
STATE OF IDAHO )
ss.
County of Ada )
On this �A�ay of �-J Ok- 4tl , in the year , before me the undersigned, a
Notary Public in and for said State, personally appeared --:yb �) • and
i +r%cs-" & �5� � , known to me to be the MAYOR and CITY CLERK of said
municipal corporation that executed this instrument and the persons who executed the said
instrument on behalf of said corporation, and acknowledged to me that such corporation executed
the same.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year
first written.
+`401411441gat tt
'k; ••••N•••� �r
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OF
Notary Public
Residing at:rn`
My Commission Expires: \- \L `-\'5
Page 3 of 3
KACOLINCILnraft Ordinances\Ord 651 Wilson.doc
fr~ J J ✓ _�
EXHIBIT "A"
FOX Land Surveys, Inc.
RECEIVED & FILED
CITY OF EAGLE
OCT 3 0 2008
File:
Route to:
1515 South Shoshone St. A Boise Idaho a 83705 A 208-342-7957 A 208-342-7437 FAX
ANNEXATION DESCRIPTION
THE EAST I/s OF THE SOUTHWEST I/4 OF SECTION 24 AND LOT Is BLOCK 2, FOXTAIL
SUBDIVISION AND ADJACENT RIGHTS -OF -WAY, WITHIN A PORTION OF THE SOUTHWEST'/a OF
THE SOUTHEAST'/4 QF SECTION 24, TOWNSHIP 4 NORTH, RANGE I WEST,
BOISE MERIDIAN, ADA COUNTY,' IDAHO
The East % of the Southwest % of Section 24 and Lot 1, Block 2, Foxtail Subdivision
and adjacent Rights -of -Way, within a portion of the Southwest % of the Southeast'/ of
Section 24, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho;
more particularly described as follows;
Commencing at the found Aluminum Cap Monument marking the Southwest corner of
Section 24, from which the found 5/8 inch rebar with plastic cap stamped "CSC PLS 5082"
marking the South % corner thereof bears South 89°22'30" East, a distance of 2,669.54
feet;
A. thence along the southerly boundary of Section 24, South 89022'30" East, a
distance of 1334.77 feet to the West 1/16th Corner common to Sections 24 and 25,
the TRUE POINT OF BEGINNING;
B. thence along the West Ill 6th line of Section 24 (also being the easterly boundary of
Bodily and Bunderson Springs Subdivision No. 2), North 00°44'04" East, a distance
of 2651.62 feet to the Center -West 1116th Corner of said Section;
C. thence along the East-West Center line of Section 24 (also being the boundaries of
Bodily and Bunderson Springs Subdivision No. 2 and Winward River Heights
Subdivision), South 89°34'04" East, a distance of 1332.07 feet to a found Aluminum
Cap Monument marking the Center corner thereof;
D. thence along the North -South Center line of Section 24 South 00°40'33" West, a
distance of 1982.43 feet to the northwesterly corner of Lot 1, Block 2 of Foxtail
Subdivision;
E. thence along the common boundary of Lots 1 and 2 and the easterly prolongation
thereof, South 89037'12" East, a distance of 369.38 feet to its intersection with the
Center line of North Fox Run Avenue;
F. thence along said Center line, South 00040'43" West, a distance of673.67 feet to its
intersection with the Southerly boundary of Section 24, from which a found 5/8 inch
rebar with plastic cap stamped "CSC PLS 5082" bears North 00'40'43" East, a
distance of 40.00 feet;
G. thence along said boundary, North 89°37'12" West, a distance of 369.35 feet to a
found 5/8 inch rebar with plastic cap stamped "CSC PLS 5082" marking the South
Y corner of Section 24;
H. thence continuing along the Southerly boundary of Section 24, North 89°22'30"
West, a distance of 1334.77 feet to the TRUE POINT OF BEGINNING.
Containing 3,787,500 square feet (86.949 acres) more or less.
Subject to existing easements and rights -of -way as any may exist, of record or not of
record.
Refer to the attached sketch. L
- Gtg i�
Fox Land Surveys, Inc.
Timothy J. Fox, President, PLS 7612'
7..
END OF DESCRIPTION
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50
Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, ID 83616
AOA COUNTY RECORDER J. DAVID NAVAflflO AMOUNT .00 -ft
1018E IDAH011118I10 01:31 PM 92
DEPUTY lies lalt 111 () II I II III I IIII II I'I"II I I I') 111111
RECORDED —REQUEST OF 110108892
Eagle City
DEVELOPMENT AGREEMENT
For Recording Purposes Do
Nol Write Above This I.ine
This Development Agreement (this "Agreement") is made as of this t i 1�- day of 2010
("Effective Date'') by and between the City of Eagle, a municipal corporation in the State of Idaho
(`Eagle"), Wilson Properties L.P., an Idaho limited partnership ("Wilson Properties") and Wilson
Holdings LLC, an Idaho limited liability company ("Wilson Holdings"). Wilson Properties and Wilson
Holdings are sometimes collectively referred to herein as the "Applicant".
WHEREAS, Wilson Properties owns that certain 78.79-acre parcel of real property in
unincorporated Ada County located at 990 W. Chinden Boulevard, Eagle, Idaho and legally described on
Exhibit A. attached hereto (tile "Foxtail Parcel").
WHEREAS, Wilson Holdings owns that certain 5.007-acre parcel of real property in
unincorporated Ada County located at 6479 N. Fox Run Avenue, Eagle, Idaho and legally described on
Exhibit B attached hereto (tile "Fox Run Parcel"). The Foxtail Parcel and the Fox Run Parcel are
sometimes collectively referred to herein as the "Property").
WHEREAS, the Foxtail Parcel is designated on the Future Land Use Map of Eagle's
Comprehensive Plan as "Public/Semi-Public" and the Fox Run Parcel is designated on the Future Land
Use Map of Eagle's Comprehensive Plan as "Transitional Residential".
WHEREAS, the Foxtail Parcel and the Fox Run Parcel are currently being used for a golf course
and related operations.
WHEREAS, Wilson Properties and Wilson Holdings have developed a Concept Plan (with access
alternatives) for the future development of the Foxtail Parcel and the Fox Run Parcel in an integrated and
community -minded manner, a copy of which is attached hereto as Exhibit C-I (the "Concept Plan").
WHEREAS, Applicant and Eagle desire to have the Property annexed into the corporate limits of
Eagle and developed as in integral part of Eagle as set forth in the Concept Plan and as set forth in the
Eagle City Council Findings of Fact and Conclusions of Law dated March 23, 2010, a copy of which is
attached hereto as Exhibit J;
WHEREAS, in furtherance of the above, Wilson Properties and Wilson Holdings have applied
for (i) Comprehensive Plan map and text amendments to change the Comprehensive Plan map
designations for the Property from Public/Semi-Public and Transitional Residential to Mixed Use, and for
certain amendments to the text of the Rim View Planning Area. (Eagle File No. CPA-07-08), (ii)
annexation of the Proper into Eagle once it becomes adjacent to Eagle (Eagle File No. A-05-08) and
initial Zoning of the Property as MU-DA (Mixed Use with Development Agreement) subject to a
development agreement (Eagle File No. RZ-11-08) (collectively, the "Applications").
Pagel of 27
K:\Planning DeptTagle Applications\Cl'A\2008\CPA.-07-08 A-05-08 RZ-1 I-08 da cc fill ver.DOC
V\
WHEREAS, Wilson Properties and Wilson Holdings are proposing this Agreement (i) to provide
for the annexation and zoning of the Foxtail Parcel and Fox Run Parcel upon satisfaction of the conditions
precedent set forth herein (ii)'to ensure that the FoxtaiI Parcel and the Fox Run Parcel may continue to be
used as a golf course until such time as the owners thereof elect to develop them, and (ii) to ensure that
any future development on the Foxtail Parcel and the Fox Run Parcel is consistent with the Concept Plan.
WHEREAS, Eagle's City Council has, after public hearings and deliberations, determined that
the Applications, Concept Plan and this Agreement are in the best interest of Eagle as they allow the
Foxtail Parcel and the Fox Run Parcel to be developed in the future in a manner that is in harmony with
the existing community;
WHEREAS, Applicant proposed to use no more than ten percent (10%) of the commercial
portion of the Property for restaurants with a drive-thru;
WHEREAS, Eagle City Code permits up to ten percent (10%) of the gross land area in a planned
unit development to be used for uses that are not otherwise allowed in the planned unit development's
zoning district if the necessary findings are made by the Eagle City Council; and
WHEREAS, the Eagle City Council has made the necessary findings for not more than ten
percent (10%) of the commercial portion of the Property to be used for restaurants with a drive-thru,
which use shall be memorialized in this Agreement in -lieu -of creating a separate planned unit
development; and
NOW, THEREFORE, Wilson Properties, Wilson Holdings and Eagle desire to enter into this
Agreement, and for and in consideration of the mutual covenants contained 'herein, it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Agreement is made pursuant to and in accordance with the provisions of Idaho Code 67-
6511 A and Eagle City Code, Title 8. Chanter 10. An affidavit of all owners of the Property aareein2 to
submit the Property to this Agreement and to the provisions set forth in Idaho Code Section 67-6511 A
and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE II
ANNEXATION/ZONING
2.1. Applicant hereby consents to the annexation of the entire Property by Eagle, subject to
the following:
. 2.1.1. Concurrently with adoption of any annexation ordinance affecting the Property,
Eagle adopts an ordinance amending the Eagle Zoning Ordinance to zone the Property to W-DA (Mixed
Use with Development Agreement) and specifically designates this Agreement as the development
agreement governing the Property; and
2.1.2. The Property is contiguous with Eagle's jurisdictional boundary. Eagle shall take
all steps necessary to timely annex the Property into Eagle's corporate limits as set forth in this
Agreement, including, but not limited to, the concurrent publication of an annexation ordinance and
zoning ordinance as provided in Section 2.1.1.
Page 2 of 27
KAPIanning DeptTagle ApplicationACPA12 OMPA-07-08 A-05-08 RZ-11-08 da cc fni ver.DOC
2.2. AppIicant consents to annexation and rezone of the property upon contiguity of the
Property with Eagle's jurisdictional boundary within twelve (12) months of the Effective Date.
Applicant's consent to annexation and rezone of the Property shall continue until annexation and rezoning
occurs and the Applicant shall not consent to annexation to the City of Meridian while this agreement is
in effect. In the event the City does not complete the annexation and rezone within twelve (12) months
after the Effective Date, this Agreement shall terminate and shall be null and void unless such period of
time is extended by Applicant at Applicant's sole and absolute discretion by providing Eagle notice of
such twelve (12) month extension period. Such extension of time shall be for a minimum of twelve (12)
months. Eagle shall take all steps necessary to timely annex and rezone the Property into the corporate
limits of Eagle, including the publication of an annexation zoning ordinance(s).
ARTICLE III
CONDITIONS ON DEVELOPMENT
3.1. Golf course operations may continue on the Property, or such portions of the Property,
until Applicant elects to abandon such operations. Nothing in this Agreement shall be construed or
interpreted to limit the use of the Property for a golf course, including present and future appurtenant
operations (e.g., driving range, retail and restaurant sales in its clubhouse, golf lessons, social events,
etc.). Further, nothing shall be construed or interpreted as limiting or preventing the Applicant from
securing and using entitlement permits for additional golf course related structures, improvements or
operations.
3.2. Nothing in this Agreement shall require Applicant to fulfill its pre -development
obligations with respect to any Use Area until such time as Applicant elects to abandon golf course
operations in such Use Area (as defined in Section 3.3 below); provided, however, Applicant shall not be
entitled to pursue development of any Use Area pursuant to this Agreement until its pre -development
obligations with respect to such Use Area have been completed.
3.3. Eagle hereby' -acknowledges that the bubble plan shown on the Concept Plan represents
Applicant's concept for the Property. All future development of the Property shall be generally consistent
with the Concept Plan; provided, however, it is the intent of this Agreement to allow flexibility in the
development of a detailed conceptual site plan ("Development Site Plan") and preliminary plat for the
Property so long as the general intent of the Concept Plan and the conditions and limitations set forth in
this Agreement are met. Applicant shall submit a Development Site Plan outlining future phased
developments as a modification to this Agreement prior to or concurrent with a preliminary plat
application. The Development Site Plan shall provide more detail, including but not limited to, location of
roads within the development, lot layout, lot dimensional standards, setbacks for the commercial and
residential areas, location of commercial buildings, parking areas, primary drive isles, outdoor plaza
areas, location and size of common areas and buffer areas. Eagle shall hold necessary public hearings
pursuant to Eagle City Code notice requirements to address the Development Site Plan and any changes
thereafter proposed to said plan. Upon approval by Eagle, the Development Site Plan shall be attached
hereto as Exhibit C-2 and become a part of this Agreement.
3.4. The uses areas indicated on the Concept Plan (referred to herein as "Use Areas") shall be
subject to the following use, size and/or density limitations:
3.4.1. For the "W-DA (Commercial) Use Area" consisting of 23.4-acres as indicated
on the Concept Plan, the permitted uses shall be all those that are permitted or conditional uses
identified under the Mixed Use District in Eagle City Code 8-2-3 except for the following uses
which are prohibited:
Page 3 of27
K:1N=ing DeptTagle ApplicationslCPA12008TPA-07-08 A-05-08 RZ-11-08 da cc fnl ver.DOC V
• Cemetery
• Circuses and Carnivals
• Drive in Theater
■ Kennel
• Mortuary
Restaurants with drive thru, which use which is prohibited in Eagle City Code 8-2-3, shall be
permitted on not more than ten percent (10%) of the MU-DA (Commercial) Use Area (i.e., not to
exceed 2.34-acres).
If the permitted and conditional uses in the MU zoning designation are expanded, such expanded
uses shall be allowd as permitted or conditional uses as the case may be. Applicant
acknowledges that certain uses may be restricted by available sewer capacity. The MU-DA
(Commercial) Use Area shall be limited to 210,000 square feet of enclosed building area (i.e.,
enclosed with walls and roof), with no single enclosed building area greater than 120,000 square
feet in size and no structure abutting Chinden Boulevard to exceed 20,000 square feet of enclosed
building area. Applicant shall endeavor to locate the following "target uses" in accordance with
the target use areas as depicted on the Concept Plan:
Computer Store
• Book Store
• Restaurants (including drive thru)
• Banks/financial institutions (including drive thru)
• Specialty food stores (not greater than 25,000 sq. ft. of floor area)
• Specialty retailers
• Fitness centers
• Sporting goods stores
Entertainment centers (i.e., movies, games, miniature golf, etc.)
• Home improvement stores
• Furniture stores
• Retail pharmacies
• Garden centers as secondary use to primary retailer
• Theater
• Feed/seed retail
3.4.2 Applicant proposed that the 5.2 acre parcel designated Neighborhood Business
Use Area (indicated as "Neighborhood Business" on the Concept Plan attached hereto as
Exhibit C-1) be permitted up to 55,000 square feet of enclosed building area with a broad
range of commercial uses allowed as part of its overall transition planning, in addition to
the commercial uses allowed under Section 3.4.1 hereinabove. Eagle was not
comfortable that such additional commercial uses were appropriate for this area at this
time. Therefore, Eagle determined that the 5.2 acre parcel should be currently
designated (expressly subject to possible future amendment of this Development
Agreement through the ordinary Eagle process for Development Agreement amendment)
as a "Residential Use Area", consistent with the provisions of Section 3.5, with the
density and dwelling types as allowed under Section 3.5.1; provided that Developer be
expressly provided the right for a possible future modification of this Development
Agreement through the ordinary Eagle process for Development Agreement Modification
so that the Applicant has another opportunity to demonstrate the appropriateness of
Page 4 of 27
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Neighborhood Business Use for this parcel. Eagle recognizes that some non-residential
uses may well be appropriate for this 5.2 acre parcel (such as, but not limited to, business
and professional offices). Upon the submission of an application for modification of this
Development Agreement, with a specific site plan providing detail for the proposed
development of the parcel, including location of roads, lot layout, lot dimensional
standards, setbacks, building locations, parking areas, primary drive aisles, outdoor plaza
areas, common areas, buffer areas and market conditions, proposing limited commercial
uses be allowed on the 5.2 acre parcel, Eagle shall evaluate the appropriateness of
allowing limited commercial uses on the 5.2 acre parcel. Applicant shall provide the
following information with such application: a specific site plan providing details for the
proposed development of the parcel, including location of roads, lot layout and
dimensional standards, setbacks, building locations, parking buffer areas and market
conditions. Notwithstanding the designation of the 5.2 acre parcel as Neighborhood
Business on, the Concept Plan (C-1), the use of that parcel shall be governed by this
section, and shall be Residential Use until and unless this section is modified to allow
different uses.
3.5. The "Residential Use Area" consists of approximately 60.4 acres (inclusive of open
space). The maximum density for the Residential Use Area shall be approximately 2.47 dwelling units
per acre with a maximum of 128-dwelling units, subject to the capacity of the sewer system. Residential
uses in the Residential Use Area shall not require a conditional use permit. Multi -family developments
shall be subject to Design Review approval. Sidewalks and pathways shall be constructed in appropriate
locations to provide pedestrian connectivity throughout the site, which shall be reviewed by Eagle upon
the submittal of a preliminary plat application. The Residential Use Area shall emphasize transitioning
with multi -family and/or patio home dwellings (higher density) adjacent to non-residential development
and single-family dwellings (lower density) located adjacent to existing residential uses. The minimum
required open space shall be comprised of no less than 20% of the total gross land area of the residential
areas provided that those residential areas containing lots greater than 37,000 square feet in size shall be
excluded from the minimum open space calculations. Residential lots are encouraged to be clustered to
provide greater open space areas. Minimum lot sizes and setbacks shall comply with the following for
each area as depicted on the Concept Plan. Lot sizes shall be shown on the Development Site Plan. Any
proposed reduction in setbacks for lots proposed to be smaller than 5,000 square feet in size will require a
modification to this Agreement. Proposed setback reductions, if any, should be submitted concurrently
with submission of the Development Site Plan, and Eagle shall hold any necessary public hearings
pursuant to Eagle City Code notice requirements.
3.5.1. For the Residential Use Areas designated as "Up to Eight Units per Acre", the
permitted uses include single-family dwellings, two-family dwellings and multi -family dwellings
as follows:
Minimum Lot Size: 5,000 square feet
Front Setback: 15 feet to living area / 20 feet to garage
Rear Setback: 15 feet*
Side Setback: 5 feet*
Street Side Setback: 15 feet*
' All multi -family dwelling buildings shall be located a minimum of
20-feet from adjacent dwellings.
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Ny
3.5.2. For the Residential Use Areas designated "Up to Three Units per Acre", the
permitted uses include single-family dwellings and two-family dwellings* as follows:
Minimum Lot Size: 10,000 square feet
Front Setback: 20 feet
Rear Setback: 20 feet
Side Setback: 5 feet (additional 2.5 feet per story)
Street Side Setback: 20 feet
* Two-family dwellings may only be permitted in areas directly
adjacent to two-family dwellings and multi -family dwellings located
within the "Un to 8 Units ner Acre" area.
3.5.3. For the Residential Use Areas designated "Up to Two Units per Acre", the
permitted uses include single-family dwellings:
Minimum -Lot Size: 17,000 square feet
Front Setback: 25 feet
Rear Setback: 20 feet
Side Setback: 7.5 feet (additional 5 feet per story)
Street Side Setback: 20 feet
3.5.4. For the Residential Use Areas designated "One Unit per Acre", the permitted
uses include single-family dwellings and two-family dwellings:
Minimum Lot Size:
Front Setback:
Rear Setback:
J1(1G �GlUtl,(:tC:
Street Side Setback:
3 /,000 square feet*
30 feet
30 feet
If, .C_ L
1.) 1Cel
30 feet
* Lots adjacent to the boundaries of the Sandy Court and Winward River
Heights Subdivision shall not be less than 43,560 square feet in size.
The minimum. lot size of lots adjacent to the west boundary of Foxtail
Subdivision shall be 17,000 square feet, as Applicant is required to
construct a 10-feet high berm along such boundary.
3.6. Eagle shall not issue any development permits except permits related to the golf course
and related operations set forth in Section 1 above, for any portion of the MU-DA (Commercial) Use
Area until Eagle approves the following pre -development obligations for such use area:
3.6.1. Applicant shall develop and submit landscape guidelines, site design guidelines
and architectural guidelines to govern future phased developments. Such guidelines shall
,complement landscaping, sltC design and archxtccturc of the adjacent Eagle lslard Marketplace
development, and shall be generally consistent with the design intent identified on Exhibit D.
Upon review and approval in accordance with the Design Review procedures set forth in Eagle
City Code (which shall occur prior to the issuance of a zoning certificate or final plat approval in
such use area), such guidelines shall be attached hereto as Exhibit E, Exhibit F and Exhibit G,
respectively, and become a part of this Agreement.
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3.6.2. Applicant shall develop and submit conceptual plans for the design, size, location
and future phasing of.outdoor plaza areas to facilitate gathering points for users of such area. The
design for the plaza areas shall include items such as seating areas, artwork, fountains,
landscaping, drinking fountains, bike racks or similar features designed to establish a common
theme or identity to such areas, and shall be generally consistent with the Development Site Plan
and the design intent identified as Exhibit D. The conceptual plan shall be reviewed and
approved in accordance with Design Review procedures set forth in the Eagle City Code prior to
the issuance of a zoning certificate or final plat approval in such use area. The final design of
each plaza area shall be reviewed concurrently with the review of the associated commercial
areas, and each plaza area shall be constructed concurrently with associated commercial areas.
3.6.3. Applicant shall develop and submit a master signage plan which includes
exhibits and guidelines necessary to achieve a visually coordinated, balanced and appealing
signage environment. The master sign plan shall include monument and wall sign styles, themes,
and locations. It is the intent for the master sign plan to govern all signage within the Use Area in
accordance with Eagle City Code § 8-2A, The master sign plan shall be reviewed and approved in
accordance with the Design Review procedures in Eagle City Code prior to the issuance of a
zoning certificate or final plat approval,
3.6.4. Applicant shall provide for and include a cross access between all commercial
lots within the development. The cross access agreement shall be reviewed and approved by
Eagle's city attorney for both form and content prior to issuance of a zoning certificate. The cross
access agreement shall be executed and recorded prior to the issuance of a zoning certificate
3.6.5. Applicant shall construct a minimum 6-foot concrete sidewalk along Chinden
Boulevard in a meandering pattern compliant with the Americans with Disabilities Act.
3.6.6. Applicant shall develop and submit a conceptual plan for the design and phasing
of (i) pathways (sidewalks) within the interior parking lots of the MU-DA (Commercial) Use
Area to provide pedestrian interconnectivity to all portions of such areas to reduce the need to
drive from store to store and to promote enhanced pedestrian movement; (ii) shelters, "kiosks"
pergolas, etc, in appropriate locations to provide refuge and visual relief to pedestrians traversing
the parking lot, and (iii) pedestrian connectivity between adjacent residential and commercial
uses. The conceptual plan shall be generally consistent with the Development Site Plan and
reviewed and approved in accordance with the Design Review procedures in Eagle City Code
prior to the issuance of a zoning certificate or final plat approval. The final design of each feature
area shall be reviewed concurrently with the review of the associated commercial areas, and each
feature area shall be constructed concurrently with associated commercial areas.
3.7. Except as otherwise provided in this Agreement, all future development of the Property
shall comply with Eagle City Code as it exists in final form at the time this Agreement is recorded. City
and Applicant recognize that having adequate sewer capacity for approved developments is critical to
sustaining orderly and appropriate growth. Accordingly, Eagle shall, pursuant to the goals and objectives
set forth in Section 4.7 of the Eagle Comprehensive Plan, continue to monitor the capacity, planned
expansions and planned improvements of Eagle Sewer District in relation to the land use entitlements
approved by City.
3.8. Prior to submittal of any final plat application for any portion of the Property, such
portion of the Property shall (i) be annexed into Eagle Sewer District's boundaries and shall comply with
all applicable Eagle Sewer District's regulations and conditions, (ii) have been issued any required
approval letters from Idaho Division of Environmental Quality, and/or Central District Health. Further,
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prior to issuance of a building permit for any non-residential buildings that are not the subject of a final
plat application, Applicant shall provide proof of adequate sewer service to the proposed habitable
buildings by causing a letter of approval to be provided to Eagle from Eagle Sewer District.
3.9. Concurrently with the recordation of a final plat, or prior to the issuance of a Certificate
of Occupancy for any non-residential building, for any portion of the Property, the Applicant shall record
conditions, covenants and restrictions ("CC&Rs") against such portion of the Property that contain at
least the following provisions:
• An allocation of responsibility for maintenance, in perpetuity, of all community
and privately owned landscape and amenities;
• Establishment of an architectural control board for all buildings consistent with
approvals ana ragie k,ity t—oae prior to auiiuing peiiiiit;
• An allocation of responsibility for the operations and maintenance of the
pressurized irrigation system for the Property.
3.10. Prior to the issuance of any Certificate of Occupancy for any building within any Use
Area (except golf course -related buildings), Applicant will construct such normal and customary phased
improvements and satisfy such normal and customary conditions required by the Ada County Highway
District ("ACHD") and the Idaho Transportation Department ("ITD") for such Use Area. In the design of
these improvements, consideration shall be given to US 20/26 corridor studies that have been completed
and applicable Access Management Plans that have been adopted. Eagle supports the continued use of
the existing full commercial access to Chinden Boulevard. These phased improvements include, but are
not limited to, dedication of right-of-way for future road widening, roadway and intersection
improvements commensurate to development traffic impacts, construction of sidewalks along Chinden
Boulevard, and construction of driveways in the locations and configurations as determined by the
aforementioned entities or as otherwise may be required herein. The obligations set forth herein are
without prejudice or waiver of any right to compensation from ACHD or ITD for such dedications or
improvements required by ACHD or ITD. Approval letters from these entities approving the design of
the required improvements shall be provided to Eagle prior to the issuance of a Building Permit.
3.11. Due to the high visibility of the Chinden Boulevard, special attention shall be given to the
design, configuration and position of the buildings abutting the roadways consistent with Eagle City.
Code. The layout of such buildings shall be generally consistent with the building layout of the adjacent
Eagle Island Marketplace project. Drive aisles should be designed and located to complement the design
and layout of drive aisles in the adjacent Eagle Island Marketplace project. All lots and buildings shall be
configured to screen any and all loading areas and trash enclosures from view as seen from residential
uses or public roadways. Building placement shall be designed such that parking areas are not
concentrated between the buildings and Chinden Blvd. The side of any buildings facing the roadways
shall be provided with architectural design elements and architectural relief, as may be approved by the
Eagle Design Review Board.
3.12. All buildings shall be set back a minimum of 105-feet from the centerline of Chinden
Boulevard to accommodate future corridor widening.
3.13. Internal roadways connecting between any residential and non-residential areas shall be
designed with traffic calming devices to reduce cut -through traffic, to create lower vehicle speeds, to act
as a delineator between dissimilar uses, and to ensure the safety of the pedestrian. Plans showing traffic
calming devices shall be submitted to Eagle and ACTT and/or i T D (pursuant to jurisdictional aut horny)
for review and approval in conjunction with any proposed development plans or preliminary plat,
whichever may be the case.
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3.14. Wilson Properties shall work with the neighbors immediately west of the Foxtail Parcel
to locate vehicular and pedestrian cross access approximately as shown on the Concept Plan. The
opening and use of such cross access requires a (i) mutually acceptable reciprocal easement agreement
between the owners, (ii) Wilson Properties' confirmation that such cross access will not pose access,
traffic, safety or other adverse issues for the Foxtail Parcel or the Fox Run Parcel and (iii) a traffic study
showing no adverse impact on the Foxtail Parcel's commercial access.
3.15. Wilson Properties shall work with the neighbors to the east and west of the north half of
the Foxtail Parcel to coordinate location of not less than one road connection suitable for a future road
between Linder Road and Meridian Road. Such road connection shall be constructed to the roadway
classification and specification required by ACHD's Policy Manual for the anticipated traffic volumes. If
a collector road is required, front on housing shall be prohibited, with appropriate buffers incorporated
along both sides of the roadway.
3.16. Applicant shall continue to work with Eagle, ITD, ACHD and other property owners in
the northeast quadrant of the US 20/26 and Linder Road intersection to support interconnectivity with the
goal of fostering internal circulation that will reduce local traffic use of US 20/26.
3.17. Applicant shall construct a ten (10) foot high landscaped berm adjacent to the western
boundary of Foxtail Subdivision. Applicant shall be required to landscape the ten (10) foot high berm
pursuant to Eagle City Code Section 8-2A-7(r)(4)(c). The proposed landscape plan shall be reviewed and
approved by the Design Review Board prior to the approval of a final plat application for any
development immediately adjacent to Foxtail Subdivision.
3.18. Any building with a proposed drive-thru shall be designed in such a way as to
compliment the entirety of the Property and if located near residential uses or a public way shall provide a
minimum forty-eight inch (48") grade separated berm and/or screen wall with vegetation adjacent to the
drive-thru lanes to reduce the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights
and vehicle cueing). Eagle may place reasonable limits on the hours of operation of all drive-thru uses to
ensure compatibility with adjacent uses.
3.19. Applicant shall provide bus stops or other public transportation mode improvements as
may be required by Eagle or the State RTA. The location and placement of the improvements will be
completed in conjunction with other property owners at the US 20/26 and Linder Road intersection, in
cooperation with ITD, ACID, Eagle, and the City of Meridian. Applicant will pay its fair share of
reasonable costs proportionately with other developments.
3.20. Deliveries shall be conducted from the hours of 7:00 am to 10:00 pm, all other operations
of the site shall comply with Eagle City Code "Loud Amplification Devices; Noise Ordinance" Section 4-
9, or as thereafter amended.
3.21. All non-residential (commercial) mixed uses shall be subject to dark -sky lighting, or
related limitations in compliance with Eagle City Code, as it exists at the time such applications are made,
to address additional concerns that may arise.
3.22. The Property is currently located within the Meridian Fire District and, therefore,
Applicant shall work with the Meridian Fire District for all fire service/protection issues, unless annexed
into the Eagle fire district service area.
Page g of 27
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0
ARTICLE IV
DEFAULT
4.1. If Applicant fails to comply with the commitments set forth herein within the time
periods set forth herein, Eagle shall have the right, after thirty (30) days of written notice of such failure
to Applicant and without prejudice to any other rights or remedies, to cure such violation, enjoin such
violation and otherwise enforce the requirements contained in this Agreement, or to terminate the
Agreement; provided, however, any default that occurs on a portion of the Property shall affect only such
portion of the Property in default and shall not affect other portions of the Property.
4.2. If required to proceed in a court of law or equity to enforce any provision of this
Agreement, the enforcing party shall be entitled to recover all direct out-of-pocket costs so incurred to
cure or enjoin such default and to enforce the commitments contained in this Agreement, including
attorney's fees and court costs.
4.3. If Eagle elects to terminate this Agreement pursuant to Section 4.1 above as to any
portion of the Property in default, Eagle may change the zoning designation of the Property as provided
by law to A-R Agricultural -Residential District in which a golf course and related services shall be a
permitted use.
ARTICLE V
UNENFORCABLE PROVISIONS
If any term, provision, commitment, or restriction of this Agreement or the application thereof to
any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
instrument shall nevertheless remain in full force and effect and that portion determined to be invalid or
unenforceable shall be re -negotiated in good faith between Applicant (or other appropriate party) and
Eagle.
ARTICLE VI
ASSIGNMENT AND TRANSFER
After its execution, this Agreement shall be recorded in the office of the County Recorder at the expense
of the Applicant. Each commitment and restriction on the Project shall be a burden on the Property, shall
be appurtenant to and for the benefit of the Property, and shall run with the land. This Agreement shall be
binding on the Applicant and owners, and their respective heirs, administrators, executors, agents, legal
representatives, successors, and assigns; provided, however, that if all or any portion of the Project is
sold, the seller shall thereupon be released and discharged from any and all obligations in connection with
that portion of the Property sold arising under this Agreement. The new owner of the Property or any
portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's
sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement
with respect to the Property or_ portion thereof.
ARTICLE VII
GENERAL PROVISIONS
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7.1. Amendments. Eagle and Applicant acknowledge that amendments to this Agreement may
be necessary or appropriate from time to time. When the parties agree that an amendment is necessary or
appropriate, the parties shall, unless otherwise required by applicable Iaw as established in this Agreement
or by state or federal statute, effectuate minor amendments administratively approved by Eagle's Zoning
Administrator. The approval of such minor amendments shall not necessitate formal amendment of this
Agreement, but shall be retained in Eagle's official file for the Property. The parties shall cooperate in
good faith to agree upon and use reasonable efforts to process any amendments to this Agreement. No
modification or amendment to this Agreement of any kind whatsoever shall be made or claimed by
Applicant or Eagle shall have any force or effect whatsoever unless the same shall be endorsed in writing
and signed by the party against which the enforcement of such modification or amendment is sought, and
then only to the extent set forth in such instrument. Amendments other than those approved
administratively by the Zoning Administrator to this Agreement shall be made only after complying with
the notice and hearing provisions of Idaho Code, Section 67-6509, as required by Eagle City Code
Section 8-10-1. Such approved amendment shall be recorded in the Official Records of Ada County,
Idaho.
7.2. Exceptions and Variances. Nothing in this Agreement shall be construed to prevent
Applicant, nor shall Applicant otherwise be prevented from seeking, by appropriate application thereof,
approval for such waivers, exceptions or variances as may be authorized by the provisions of the Eagle
City Code.
7.3. Paragraph Headings. This Agreement shall be construed according to its fair meaning and
as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute
a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the
singular or plural number shall each be deemed to include the others wherever and whenever the context
so dictates.
7.4. Choice of Law. This Agreement shall be construed in accordance with the laws of the
State of Idaho in effect at the time of the execution of this Agreement. Any action brought in connection
with this Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho.
7.5. Notices. Any notice that a party may desire to give to another party must be in writing
and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt
requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the
party to whom the notice is directed at the address of such party set forth below.
Eagle:
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
With Copy to: Susan E. Buxton
Moore Smith Buxton & Turcke, Chtd.
950 W. Bannock Street, Suite 520
Boise, Idaho 83702
Wilson Properties: Wilson Properties L.P.
1101 W. River Street, Suite 150
PO Box 2793
Boise, Idaho 83701
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With Copy to: Franklin G. Lee
Givens Pursley LLP
601 W. Bannock Street
PO Box 2720
Boise, Idaho 83701
Wilson Holdings: Wilson Holdings LLC
1101 W. River Street, Suite 150
PO Box 2793
Boise, Idaho 83 701
With Copy to: Christopher J. Beeson
Givens Pursley LLP
601 W. Bannock Street
PO Box 2720
Boise, Idaho 83701
or such other addresses and to such other persons as the parties may hereafter designate as provided
herein, Any such notice shall be deemed delivered upon personal delivery twenty-four (24) hours after
deposit with Federal Express or other reputable overnight delivery service, or three (3) days after deposit
in the United States mail, if sent by mail pursuant to the foregoing.
7.6. Effective Date. This Agreement shall be effective upon the execution and recordation of
this Agreement.
7.7. Termination. This Agreement shall terminate upon Applicant's fulfillment of the
"1-1
Conditions of Development" -identified in Article III above.
7.8. Authority to Enter Into Agreement. By the execution and delivery of this Agreement by
the parties, and the performance of their covenants and obligations therein, the parties acknowledge such
action has been duly authorized by all necessary corporate (or LLC) action, and necessary corporate for
LLC} resolution(s) have been executed for the undersigned representatives to sign this Agreement and so
bind their respective parties. An affidavit by Wilson Properties agreeing to submit the Foxtail Parcel to
this Agreement is attached hereto as Exhibit H and an affidavit by the Wilson Holdings agreeing to
submit the Fox Run Parcel to this Agreement is attached hereto as Exhibit I.
[ end of text; signature page follows ]
Page 12 of 27
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
Eagle:
.�•' O� B A GL�''•.
V• 0
=* : �P °to
ATTEST: '••,rA T E O� �.•`��
'•#811+11.1++•`
By:
Sharon K. Bergmann, City Clerk
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State
of IdAo
By-/ ti
James D. Reynold), dayor
Wilson Properties: WILSON PROPERTIES L.P., an Idaho limited
partnership
By: Fort Wilson, Inc., an Idaho corporation, its
General Partner
By: ss.
Charles H. Wilson, President
Wilson Holdings: WILSON HOLDINGS LLC, an Idaho limited
liability company
By: Fort Wilson, Inc., an Idaho corporation, its
Manager
By: - (1-il
Charles H. Wilson, President
Schedule of Exhibits
Exhibit A:
Legal Description of the Foxtail Parcel
Exhibit B:
Legal Description of the Fox Run Parcel
Exhibit C-1:
Concept Plan
Exhibit C-2:
Development Site Plan
Exhibit D:
Design Intent
Exhibit E:
Landscape Guidelines
Exhibit F:
Design Guidelines
Exhibit G:
Architectural Guidelines
Exhibit H:
Affidavit of Legal Interest for Wilson Properties L.P.
Exhibit I:
Affidavit of Legal Interest for Wilson Holdings LLC
Exhibit J:
Eagle City Council Findings of Fact and Conclusions of Law
Page 13 of 27
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\tl
STATE OF IDAHO
:ss.
County of Ada )
On this day of �1'�f 2010, before the undersigned notary public in and
for the said state, personally appeared JAMES D. REYNOLDS, known or identified to me to be the
Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf of said city
and acknowledged to me that said city executed the same.
IN WITNESS WHEREOF, I have hereunto set my ]land and seal the day and year first above
written./
�. NQtarylp is for Idaho
<b Residing at: fitlh-.na'�
My Commission Expires: e) y;
"'xc11lM;r.
STATE OF IDAHO
County of Ada
On this ('Lday of "I'-Ic,"1,- (A1' �"( �' ;'`- , 2010, before me, the undersigned, a Notary Public
in and for said State, personally appeared CHARLES H. WILSON, known or identified to me to be the
President of Fort Wilson, Inc., an Idaho corporation, the General_ Partner in Wilson Properties IL.P•, an
Idaho limited partnership, the general partners who subscribed said limited partnership name to the
foregoing instrument, and acknowledged to me that such corporation executed the same in said limited
partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written. _
'b ""b
.•�; ••.� Ncitaty Public for Idaho ;
��,••��► f;,....,� !d '•.,� Residing at:
•�� . TAR My Commission Expires;
:VI p Y
G
0,�•,4P00000
T4 TE 0V �0.
Page 14 of 27
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�V
STATE OF IDAHO
: ss.
County of Ada
On this C day of ` W, V'-- , 2010, before me, the undersigned, a Notary Public
in and for said State, personally appeared CHARLES H. WILSON, known or identified to me to be the
President of Fort Wilson, Inc., an Idaho corporation, the Manager of Wilson Holdings, LLC, an Idaho
limited liability company, the manager who subscribed said limited liability company name to the
foregoing instrument, and acknowledged to me that such corporation executed the same in said limited
liability company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
4161190#0#0# Notary Public for Idaho j
��•�`� L• I- Res Residing at: !��Lt . i C a
�L
•��0 �i�.. My Commission Expires: `
+ ��' �p'f AIt
we
Pus
4re of
Page 15 of 27
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EXHIBIT A
Legal Description of Foxtail Parcel
Page 16 of 27
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\*T
ORDER v0. 98079487 IDS
E;CdIB IT "A11
The East HElf Of the Southwest Quarter of Section 4A r
Townshir� 4 North, Rance 1 West of the Bose h3eridian.
EXCEPT TUEREIPROM
s "rip of land 40 feet wide, beina 40 feet or, the
lVortherly Side of the fol.iowin�r described canter dine o�:
ea a h GhwGy es sur,reyed and shown on the 0
nk.�in fic�z_ Plat
the Fz�R.oad F..A! . S . 261-D (l) Highway Suc---,rey on file4in
the ' ce o-.4the Denert.men.t oz Publ�.e Wo' .rks of the State
Of Idaho, and lying over and across the Southeast
Southwest Quarter r of Section d on 2� Township � Quarter
West, BQzse Mexidian. north, Rance 1
BECI_,i�iYiG at Station 680/32 of the Said Highway
_ vrniCh stat�.an � -. y' Sur'�eY
s a point on tangent approximatel..y 1,318.6
feet West from the South Quarter: corner of Section 2�
p
Towzish 4 North, Rance 1 West, BOise Meridian; then,
xce
a�a.na
South 8 ° dea.reWC 52' East 1, 31.8 .6 feet to S,ati ox7 693/50 . E
o` said Survey whiQh station i s an angle pout ©�
00 dearees 14' Left a'P_Proximate?y coincident with
the South Quarter c077zner of Sect? on 24, Township
a Aiarth, Rancre 1 West, Boise Meridia�z,
EXIIBIT B
Legal Description of Fox Run Parcel
Lot I -in Block 2 of Foxtail Subdivision, according to the
official plat thereof filed in Book 73 of Plats at Pages
7563-7564, official records of Ada County, Idaho
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EX MIT C-I
Concept Plan
[ Attached; One (1) Page j
Page 18 of 27
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�T
EXHIBIT C-2
Development Site Plain
Pursuant to Section 3.3, Applicant will develop and submit a
Development Site Plan outlining future phased developments. The
Development Site Plan shall be generally consistent with the Concept
Plan and shall illustrate the general locations of major improvements
such as buildings, parking areas, primary drive isles, outdoor plaza areas
and perimeter landscaping. Upon review and approval in accordance
with the procedures identified in Section 3.3 (which shall occur prior to
the issuance of a zoning certificate or final plat approval in such use
area), the Development Site Plan shall be attached as this Exhibit C-2
and become a part of this Agreement.
Page 19 of 27
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WA 16.11 .13101
Design Intent
The design, intent for the development is illustrated on the following narratives and the attached photo -
narrative sheets.
No. Subject Description
Architectural Design The architectural design of commercial structures will be
developed in conjunction with the anchor tenants, not on a
speculation basis, and will complement (but not copy) the design
of the structures on adjacent commercial areas in Eagle Island
Marketplace. Please see the "Architectural Design" photo -
narrative attached as Sheet A and the "Plaza Design Elements"
photo -narrative attached as Sheet B.
2. Building Materials Materials and finishes will be selected for quality, sustainability
and appearance, with special consideration building materials
found in nature or in historic Eagle. The building material theme
will be centered around brick. Brick will be used in both
horizontal and vertical applications and utilized as accents on
side and rear walls of buildings Other materials will be used as
•tnn orttc. to c•t-t�Ytnfttroc+ rryy rti r��rir i 7ti !'f t+n•-YhYfit fr Cilf•h C YS +aiYY7Fa �i(iYlP
"n.Ace I s in. strulc ulreJ 411 Vl 1CL11UJV tJ 111 , 0LLV11 J ■l"L1 ry JLV 11 V,
stucco, concrete and metal. Please see the ".architectural Design"
photo -narrative attached as Sheet A and the "Plaza Design
Elements" photo -narrative attached as Sheet B.
3. Perimeter Landscaping Perimeter areas to be landscape as appropriate for adjacent uses.
Along Chinden Blvd the landscaping will be compatible with
Eagle Island Marketplace. Commercial areas will be landscaped
to partially obscure parking fields yet permit the important sight
1: � ..:4ir�. r.�+ortnrit c i.rnn�ra n"A nrini�mnr nntriac
Lirles 1V1 1GliVg111L1V11 VL L%,11CL11L .11r,11CLr,L1 CL11U vLL0LVLL1v1 Vl1L1ivJ.
Along streets serving and/or fronting on residential and
transitioning from business uses, the buffering on the residential
side of the street shall be sight obscuring landscaping with 3 foot
high berms. Please see the "Buffering" photo -narrative attached
as Sheet C.
4. Parking Area Parking areas and internal drive aisles will be landscaped with
Landscaping trees and upright shrubs to partially obscure parking fields yet
permit important sight lines. Streets forming a transition to
rncirtsxnti�� tlri�t ka zlri+l� cirT11+ eNliertYlrinnr 1anrlcrtaninlr
1 VJ1LLV11L1U1 rtlll VtI t.1V VLG11VL1 t■1L.11 vL5114 VVVV—A-5 1KaawMVKr./.a 4.,
which may include a fence or berm. Please see the "Buffering"
photo -narrative attached as Sheet C and the "General Design
Elements in Commercial/Neighborhood Business Use Areas"
photo -narrative attached as Sheet D.
Page 20 of 27
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Lighting The project will incorporate pedestrian oriented lighting that
meets or exceeds Eagle's night -sky requirements. Lighting will
be designed to augment the sense of safety in areas that people
frequent at night.
6. Water Features One of the most inviting elements of nature is water, whether
formal and symmetrical or playful and interactive. Whether a
focal point, or center piece, all ages are drawn to interact even
when the feature is artwork. Water features will be an integral
element of design in our project to create a sense of place in the
public sphere. Please see the "Public Water Feature Design
Elements" photo -narrative attached as Sheet E and the "Common
Area Water Features" photo -narrative attached as Sheet F.
7. Vehicular Circulation The project will be designed to facilitate functional
interconnectivity with adjacent properties to reduce local traffic
use of US 20/26.
8. Pedestrian Experience The pedestrian experience will be important to the development.
The development will include gathering spaces and interest
points, and will be connected with the pedestrian amenities
provided at Eagle Island Marketplace and the adjacent
residential. Please see the "Common Area Water Features"
photo -narrative attached as Sheet F, the "Common Area Design
Elements" photo -narrative attached as Sheet G and the "Plaza
Design Elements" photo -narrative attached as Sheet B.
9. Transitional Residential Transitional residential will be designed to provide a suitable
transition from commercial areas to lower density residential
areas through multi -family structures that complement the
character of lower density residential structures, such as
rowhouses, patio homes and "mansion" 4-plexes. Please see the
"Transitional Residential" photo -narrative attached as Sheet H.
Page 21 of 27
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EXHIBIT E
Landscape GuddeUmes
Pursuant to Section 3.6.1, Applicant shall develop and submit landscape
guidelines to govern future phased developments. Such guidelines shall
complement the landscaping of the adjacent Eagle Island Marketplace
development, and shall be generally consistent with the design intent
identified on Exhibit D. Upon review and approval in accordance with
the Design Review procedures set forth in Eagle City Code (which shall
occur prior to the issuance of a zoning certificate or final plat approval in
such use area), such guidelines shall be attached as this Exhibit E and
become a part of this Agreement.
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Y
EXHIBIT F
Design Guidelines
Pursuant to Section 3.6.1, Applicant shall develop and submit site design
guidelines to govern future phased developments. Such guidelines shall
complement the site design of the adjacent Eagle Island Marketplace
development, -and shall be generally consistent with the design intent
identified on Exhibit D. Upon review and approval in accordance with
the Design Review procedures set forth in Eagle City Code (which shall
occur prior to the issuance of a zoning certificate or final plat approval in
such use area), such guidelines shall be attached as this Exhibit F and
become a part of this Agreement.
Page 23 of 27
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�V
EX MIT G
Architectural Guidelines
Pursuant to Section 3.6.1, Applicant shall develop and submit
architectural guidelines to govern future phased developments. Such
guidelines shall complement the architecture of the adjacent Eagle Island
Marketplace development, and shall be generally consistent with the
design intent identified on Exhibit D. Upon review and approval in
accordance with the Design Review procedures set forth in Eagle City
Code (which shall occur prior to the issuance of a zoning certificate or
final plat approval in such use area), such guidelines shall be attached as
this Exhibit G and become a part of this Agreement.
Page 24 of 27
KAPIanning Dept\Eagle Applications\CM20OMPA-07-08 A-05-08 RZ-11-08 da cc fnl ver.DQC
EXHIBIT H
Affidavit of Wilson Properties, L.P. for Foxtail Parcel
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
ss.
County of Ada )
CHA.RLES H. WILSON, who being first duly sworn under oath, deposes and says:
1. I am President of Fort Wilson, Inc., who is the General Partner of Wilson Properties L.P.,
whose mailing address is PO Box 2793, Boise, Idaho 83701 ("Wilson Properties").
2. Wilson Properties is the fee simple owner of the parcel of real property described on
Exhibit A, to the development agreement (the "Property").
3. Wilson Properties authorizes the submission of the Property to certain. Development
Agreement dated the Cday of Nri'1flU'2010 by and between the City of Eagle, a municipal
corporation in the State of Idaho, Wilson Properties L.P., an Idaho limited partnership and Wilson
Holdings LLC, an Idaho limited liability company (the "Agreement").
DATED this day of. , 2010.
WILSON PROPERTIES, L.P., an Idaho limited partnership
By: FORT BOISE, INC., an Idaho corporation,
its General Partner
V
By: S
Charles H. Wilson, President
SUBSCRIBED AND SWORN to before me this vl- day of b'h14 r2010.
Notary Public for Idaho
Residing at �'L�((`�, l v , Idaho
My Commission expires
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ra
EXHIBIT I
Affidavit of Wilson Holdings LLC for the Fox Run Parcel
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
ss.
County of Ada )
CHARLES H. WILSON, who being first duly sworn under oath, deposes and says:
I am President of Fort Wilson, Inc., who is the Manager of Wilson Holdings LLC, whose mailing
address is PO Box 2793, Boise, Idaho 83701 ("Wilson Properties").
3. Wilson Holdings is the fee simple owner of the following described parcel of real
property (the "Property"):
Lot 1 in Block 2 of Foxtail Subdivision, according to the
official plat thereof filed in Book 73 of Plats at Pages
7563-7564, official records of Ada County, Idaho
3. Wilson Properties authorizes the submission of the Property to certain Development
Agreement dated the(IL day of2010 by and between the City of Eagle, a municipal
corporation in the State of Idaho, Wilson Properties L.P., an Idaho limited partnership and Wilson
Holdings LLC, an Idaho limited liability company (the "Agreement").
DATED this day o2010.
WILSON HOLDINGS LLC, an Idaho limited liability
company
By: FORT BOISE, INC., an Idaho corporation,
its Manager
By: �.
Charles H. Wilson, President
SUBSCRIBED AND SWORN to before me this CO'day of lh`6j L', 2010.
(C ok
.• Notary Public for Idaho
Residing at '�" �'^�'� 't �f ft' t C l:__: , Idaho
• s My Commission expires
' pUB L%C
SOW
ID
''••'•••6..1....$•11` Page 26 of 27
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EXIMIT J
Eagle City Council Findings of Fact and Conclusions of Law
j To be attached prior to execution J
Page 27 of 27
KA1PIanning DeptTagle Applications\CPA120081CPA-07-08 A-05-08 R.Z-11-08 da cc fnI ver.DOC
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A }
COMPREHENSIVE PLAN AMENDMENT FROM )
PUBLIC/SEMI-PUBLIC TO MIXED USE AND AN )
ANNEXATION AND REZONE FROM RUT (RURAL- }
URBAN TRANSITION) TO MU-DA (MIXED USE )
WITH DEVELOPMENT AGREEMENT) FOR WILSON )
PROPERTIES L.P. AND WILSON HOLDINGS LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-7-08 & A-05-08 & RZ-11-08
The above -entitled comprehensive plan amendment, annexation and rezone applications came before the Eagle
City Council for their action on December 15, 2009, at which time public testimony was taken and the public
hearing was continued to January 12, 2010. The public hearing was again continued to February 9, 2010, and
again to February 23, 2010, at which time additional limited public testimony was taken and the public hearing was
closed. At this time the City Council scheduled a mediation session for this item for March 2, 2010, and continued
the item to March 9, 2010. The City Council made their decision at that time. The Eagle City Council, having
heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings
of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Wilson Properties L.P. and Wilson Holdings, LLC, represented by Gene Shaffer with CSHQA, is
requesting a Comprehensive Plan Map and Text Amendment to change the land use designation
on the Comprehensive Plan Future Land Use Map from Public/Semi-Public and Transitional
Residential to Mixed Use and to amend the language in the Rim View Planning Area; an
annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU-DA
(Mixed Use with a development agreement). The +/- 83.79-acre site is generally located at the
northwest corner of N. Fox Run Avenue and Chinden Boulevard (Highway 20/26) at 6479 N. Fox
Run Avenue and 990 W. Chinden Boulevard.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, October 21, 2008, at Foxtail Golf Course
(maintenance barn), 6479 N. Fox Run Avenue, Meridian, ID 83646, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received
by the City of Eagle on November 14, 2008; supplemental information was submitted since that
time. The applicant continued to meet with neighbors during the process to discuss development
concerns.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in the Valley Times in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City Code on May 25, 2009. 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 29, 2009.
Requests for agencies' reviews were transmitted on April 30, 2009, in accordance with the
requirements of the Eagle City Code.
Page 1 of 5.5
KAPlanning QeptEagle Applications\CPA\2008\CPA-07-08 & A-05-08 & RZ-11-08 ccfi.doc
On July 13, 2009, the Planning and Zoning Commission remanded the applications to staff. Re -
notice of Pubic Hearing on the applications 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 in the Idaho Statesman on October 3, 2009, and in the Valley Times on October 5, 2009.
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 the Eagle City Code on October 6, 2009. Re -notice of Pubic Hearing on the applications for
the Eagle Planning and Zoning Commission was published in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code in the Valley Times on October 26, 2009.
Notice of this public hearing was trailed 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 October 27, 2009. The site was posted in accordance with the Eagle City
Code on November 3, 2009.
Notice of Public Hearing on the application for the City Council was published in accordance with
the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 30,
2009. 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 November 25, 2009. The site was posted in accordance with the
Eagle City Code on December 2, 2009.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
Foxtail golf course has been operating on the subject parcel since 1993, as approved by Ada
County. A series of changes have occurred over the years including expansion of the golf course
and the addition of accessory buildings.
On September 14, 2004, the City of Eagle adopted the Soaring 2025 Western Area plan which
expanded the City's planning boundaries generally west to the centerline of State Highway 16 and
south to Chinden Boulevard (US 20/26).
Figure 1: Chinden Bench Planning Area
CPA-11-06: City of Eagle: The Western Area Plan designated the area north of the Phyllis Canal
and west of Spur Vying Country Club as the "Chinden Bench Planning Area" (figure 1). In 2005,
the entire area was annexed into the City of Meridian to be developed as the Tree Farm
Subdivision. Since that time Meridian and Eagle City Council members met and tentatively
determined that it was appropriate to allow Meridian to annex properties within this area and have
the City of Eagle remove it from their planning area (pending execution of a formal MOA
memorializing the agreement). The City approved a comprehensive plan amendment consistent
with this action; however, a resolution to finalize this action has not been adopted to date. A
memorandum of agreement (MOA) between the City of Meridian and the City of Eagle which
outlines the conditions regarding the allowance of Meridian to annex into the Eagle's planning
area must be executed before the adoption of a resolution by the City of Eagle.
Page 2 of 55
KAPlanning DeptlEagle ApplicationstCPA1200MCPA-07-08 & A-05-08 & RZ-I 1-08 ccrl.doc
In March 2005, the Meridian City Council approved AZ 05-004 — a request for annexation and
rezone of 358.57-acres from RUT to R-2 (66.02 acres), R-8 (167.02 acres), R-15 (79.82 acres), C-
N (17.26 acres) and C-C (28.45 acres) for The Tree Farm Subdivision located on the north side of
Chinden Boulevard and on both sides of Black Cat Road (west of Spurwing Subdivision).
In the Fall of 2006, the Eagle City Council and Meridian City Council met to discuss the Chinden
Bench area south of the Phyllis Canal. At that time Meridian expressed a desire and intent to
provide urban services to the area south of the Phyllis Canal. Meridian indicated they did not plan
to service the area north of the canal (area known by the City of Eagle as the River Plain planning
area as described in the Eagle Comprehensive Plan).
In February 2007, the Meridian City Council approved AZ 06-043 — a request for annexation and
rezone of 20.51 acres from R-R to R-8 zone and preliminary plat (PP 06-045) approval of 73
residential building lots (consisting of 46 attached single-family units and 27 detached single-
family units and 6 common/other lots) on 20.51 acres in a proposed R-8 zone for Spurwing Patio
Homes Subdivision located on the northeast corner of North Ten Mile Road and West Chinden
Boulevard (west of North Spurwing Way).
In October 2007, the Meridian City Council approved CPA 07-010 -- a request to amend the
Comprehensive Plan Land Use Map to include 645-acres north of the Phyllis Canal and south of
the Boise River, extending from Linder Road to approximately t/a mile west of Black Cat into
Meridian's North Meridian Planning Area.
Figure 2: Meridian Area of Annexation
In total, Meridian has annexed andlor provided comprehensive plan land use designations for
nearly 1,100 acres of the City of Eagle's approved Area of City Impact and comprehensive
planning area (figure 2). These actions have altered the City of Eagle's efforts to plan the forty
(40) acre commercially designated area located at the northeast corner of Highway 20/26 and
Black Cat Road. Due to the future extension of State Highway 16, that corner was recognized in
the Chinden Planning Area as a regional commercial area important to the economic well-being of
the City of Eagle. Now that SH 16 is proposed to intersect Highway 20/26 at McDermott Road,
Linder Road and the Rim View Planning area may be considered an appropriate Iocation for a
regional commercial center, in part due to Linder Road being the only north -south connection
across the Boise River in the Western Area, and recent City Council action as noted in the
following paragraph.
Page 3 of 55
KAPlanning DeptTEagle ApplicationACPA12008NUA-07-08 & A-05-08 & RZ-11-08 ecfl.doc
Figure 3: Linder Road/Chinden
On December 16, 2008, the Eagle City Council approved CPA-5-08 & A-03-08 & RZ-8-08, a
Comprehensive Plan Map and Text amendment changing the land use designation on the
Comprehensive Plan Land Use Map from Mixed Use and Professional Office to Commercial for
the property located on the northeast corner of Linder Road and Chinden Boulevard (US 20/26)
(figure 3). This action also approved an annexation (once the property becomes contiguous to
Eagle City limits) and a rezone with development agreement from RUT (Rural Urban Transition)
to C--3-DA (Highway Business District with a Development Agreement). As of this date, the City
has approved DR-13-09, a design review application for the Eagle Island Market Place (EIMP)
and Fred Meyer development located on the subject 38.3-acre site.
E. COMPANION APPLICATIONS: All applications are inclusive and incorporated herein by reference.
F. COMPREHENSNE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Public/Semi-Public &
RUT (Rural -Urban Transition -
Golf course
Transitional Residential
Ada County designation)
Proposed
Mixed Use
MU-DA (Mixed Use with
Proposed commercial and
Development Agreement)
residential development
North of site
Residential Estates
RI (Ada County designation)
Winward River Heights,
Bodily & Bunderson
Springs Residential Subs.
South of site
Meridian AOI
RUT (Rural -Urban Transition Ada
Residential/Pasture
County designation)
East of site
Transitional Residential
Rl (Ada County designation) &
Foxtail Subdivision;
RUT (Rural -Urban Transition -
pasture is proposed for
Ada County designation)
residential development
West of site
Residential Estates,
RUT (Rural - Urban Transition —
Proposed Fred Meyers &
Transitional Residential,
Ada County designation) & RI
Eagle Island Marketplace
Commercial
(Ada County designation), C-3-
commercial development
DA* (Commercial Highway
District with Development
Agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
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H. TOTAL ACREAGE OF SITE: +/- 83.79-acres
Total Acreage of Any Out -Parcels — None
T, APPLICANT'S REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
The justification letter of July 27, 2009 (revised), provided by the applicant and date stamped by
the City on July 29, 2009, is incorporated herein by reference.
J. GENERAL SITE DESIGN FEATURES:
On -site Septic System (yes or no) -- No, central sewer is required as a condition of approval.
Preservation of Existing Natural Features:
A draft report submitted by the applicant entitled "Natural Features Analysis" (date stamped by the
City on May 27, 2009) indicates that various ponds, a ditch waterway, and the North Slough
irrigation waterway are present on the site. The various groupings of maintained trees and shrubs
are not indicative of a quality habitat for a range of species. The "Habitat Review" date stamped
by the City on October 30, 2008, does not indicate, preliminarily, any potential occurrence of
Threatened, Endangered, or Candidate fish and wildlife species of concern. Vegetation is typical
of a golf course; manicured trees and grasses have left the site mostly devoid of native species.
Preservation of Existing Historical Assets:
A draft report submitted by the applicant entitled "Natural Features Analysis" (date stamped by the
City on May 27, 2009) indicates that no archaeological properties have been recorded at the site.
The McGrath House site, used for dairy operations is located on the site and has been determined
ineligible for National Historic Register listing. The historic route of the Oregon Trail traverses
east to west on the site but due to the physical changes made to the site over the past decades, no
evidence of the trail exists on the site. If during excavation or development of the site, any
historical artifacts are discovered, state law requires irnmediate notification to the state-
K. STREET DESIGN:
The applicant proposes to maintain the full access currently allowed for the golf course onto
Chinden Blvd (Hwy 20/26) (principal arterial). Conceptually, the applicant is proposing
connectivity and access (i.e. stub streets) between this development and adjacent properties. Street
design and schematics are proposed by the applicant to be reviewed at the submittal of platting
and/or design review applications.
Sidewalks:
The most recent concept ("bubble") plan (date stamped by the City on August 26, 2009), does not
show any sidewalks within the development. As a condition of approval, sidewalks adjacent to the
streets will be required to be constructed, and pedestrian connectivity to all parts of the
development is to be the objective.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to date.
Approval from that committee is required prior to final plat approval.
L. ON AND OFF -SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways. While sidewalks for internal circulation will be reviewed at the time of platting
and/or design review, it is important to establish the goal of providing pedestrian -dominant
connectivity. See discussion under Staff Analysis "C" (page 25) below.
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M. PUBLIC USES PROPOSED: None
N. SPECIAL ON -SITE FEATURES:
Because the site has been changed over the decades, and is home to a golf course, there are no
apparent special on -site features.
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required. The applicant has submitted a document titled "Habitat Review" date stamped by the
City on October 30, 2009, and an amendment to the same, date stamped by the City on May 27,
2009. In addition, the applicant has submitted a document titled "Natural Features Analysis" date
stamped by the City on October 30, 2009, and an amendment to the same, date stamped by the
City on May 27, 2009. Copies of the aforementioned documents are attached to this report and
brief descriptions are provided above under item L "General Site Design Features".
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is within the Eagle Sewer District's planning area. A memo from the District's engineer
dated May 19, 2009 (date stamped by the City on May 29, 2009) states that the area bounded by
Chinden to the Rim (bench) and Meridian Road to Linder Road would be limited to serving 480
equivalent residential units (ERU's). The site is located within the United Water certificated water
service area; the applicant is required to provide proof that service is available.
Q. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
R. NON -CONFORMING USES: Upon annexation into the limits of the City of Eagle, the site may have
buildings, landscaping, parking etc. that may fall short of full compliance with Eagle City Code
relative to design and setbacks. The use of a golf course is generally permitted or conditionally
allowed in most zoning districts within the City. Upon any redevelopment of the site, the
development would need to comply in all respects to Eagle City Code and or other recorded
agreements entered into by the City and the applicant.
S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments which appear to be of special concern are noted below:
ACHD — Provides site specific requirements the District may require when a future development
application is reviewed.
Chevron Pipeline — No conflict with the Chevron Pipeline
Department of Environmental Quality - Recommend verifying that there is adequate water and sewer to
serve the project.
Eagle Sewer District — A memo from the District's engineer dated May 19, 2009 (date stamped by the City
on May 29, 2009) states that the area bounded by Chinden to the Rim (bench) and
Meridian Road to Linder ,Road would be limited to serving 480 equivalent
residential units (ERU's).
Idaho Transportation Department — Multiple letters submitted to the City speak to proposed development
at the intersection of Chinden and Linder as well as access concerns for the
subject site.
T. LETTERS FROM THE PUBLIC: (as of October 15, 2009)
The following letters have been received and are incorporated herein by reference:
Letter from Jeff and Elene Swanson, 2980 S. Meridian Road, date stamped by the City on June 8,
2009.
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E-mail from Mark Montierth, 7175 N. Springcrest Place, date stamped by the City on June 8, 2009.
E-mail from Eileen Winterrowd, 7102 N. Springcrest Place, date stamped by the City on June 8, 2009.
E-mail from Lee and Larry Swider, 7176 N. Springcrest Place, date stamped by the City on June 10,
2009.
Letter from Mimi Plumb, 854 River Heights Dr., date stamped by the City on July 6, 2009.
E-mail from Lynn Trosper, 7110 N. Springcrest Place, date stamped by the City on July 13, 2009.
Letter from Dana Erdman, 7283 Winward Dr., date stamped by the City on July 27, 2009.
Letter from Judith Erdman, 7283 Winward Dr., date stamped by the City on September 8, 2009.
Letter from Lee and Larry Swider, 7176 N. Springcrest Place, date stamped by the City on October 13,
2009.
Letter from Larry Sandusky, 7602 Canyon Drive, Meridian, ID 83642, date stamped by the City on
October 15, 2009.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
The golf course property is currently zoned RUT (Ada County designation) while the 5-acre parcel is
zoned R1 (Ada County designation). Respectively, the Comprehensive Plan Land Use Map designates
these sites as Public/Semi-Public and Transitional Residential.
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.
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e. To avoid undue concentration of population and overcrowding of land.
Table 1. I 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 sace
5 %
1.2.1 Idaho Code:
Understanding the constraints of the existing AOI, the City of Eagle began to look at the
requirements for establishing an expanded area of city impact. Under Idaho Code §67-
6526(b), the following three factors are paramount in establishing an area of city impact:
a_ Trade Area: Trade area is the area that is needed to provide a city with an economic
base that supports the city. This economic base comprises not only the city limits and
the AOI but also includes the areas that surround a city and bring people into the city
for services. Historically, the City of Eagle has been directly associated with a large
trade area including properties extending north into Gem County and west into eastern
Canyon County. Further, ACHD traffic counts and the existing transportation
network support the claim of this area being within the City of Eagle's economic trade
area.
b. Geographic Boundaries: The Idaho Transportation Department (ITD) has released
plans to improve State Highway 16 from a two (2) lane roadway to at least a nine (9)
lane system (including right-of-way) in excess of one quarter (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.
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.
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1.3 The City of Eagle Vision Statement
We envision that in the future Eagle will be:
a, known as a highly livable town that successfully balances growth with many of the
rural elements of its heritage;
b. interconnected with user-friendly pathways and roadways;
c. economically strong with a distinct downtown economic center;
d. providing diversified employment and housing opportunities for all economic groups;
f. an economically strong city, that fosters Iocal businesses and clean industry;
h. 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.
1.6 Relationship to Ada County Planning
The goals and policies of this plan are intended to be applied within the Eagle City Iimits
and the negotiated Eagle area of City Impact. The City acknowledges that the county
may not have all the tools and codes necessary to implement this plan and will, upon
transmittal and review, recommend to the county which county codes and appropriate
conditions should be implemented to best implement and meet the intent of the Eagle
Comprehensive Plan. It is the desire of the City of Eagle to have all urban development
that occurs in the Area of City Impact to be under the jurisdictional authority of the City
and connected to municipal services.
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Chapter 2 — Property Rights
2.4 .Implementation Strategies
a. Land use development regulations should be designed to protect the health, safety
and welfare of the community, and to avoid any unnecessary conditions, delays and
costs.
b. The protection and preservation of private property rights should be a strong
consideration in the development of land use policies and implementation standards
and regulations and as required by law.
c. The Comprehensive Plan and implementing ordinances should strive for stable and
consistent policies regarding development densities and requirements.
d. All changes in the comprehensive plan and land use entitlement should be reviewed
in compliance with this plan and the visioning plan for the western area. (Map 2.1)
Chapter 4 — Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the public
and are generally available to Eagle residents. The City and special districts provide the
basic services of water, sewer, school, police, fire and library to residents. With Eagle's
growing population comes the need for increased public services and the necessity to
improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded play an
important role in the location and intensity of future housing, commercial and industrial
development. Since the City of Eagle depends on outside providers, it must be involved in
any plans that will affect the community. Service providers currently include:
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.
4.7 Sewer
4.7.1 Sewer Existing and Future Conditions (reads in part)
The Eagle Sewer District (ESD) was established in 1963 as a public entity separate from
the City of Eagle. The ESD service area generally corresponds to the area within the
Eagle City limits. Extensions of the ESD service area are accomplished by actions of the
ESD Board of Directors, and for the most part match annexations to the City. However,
the extensions do not have to match annexations to the City either in location or in time.
It is the City of Eagle's policy to accommodate orderly and appropriate development at a
pace that does not unreasonably impede or burden the development process. Timely
extension of sewer service is an essential feature of orderly development. Hence, in the
future the City of Eagle will take an active interest in sewerage and wastewater issues.
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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
developments in the Area of City Impact & 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 as envisioned in other sections of
this Comprehensive Plan.
Chapter 5 — Economic Development
5.3 Economic Development Goals
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.
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.
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.
Increase available jobs within the City of Eagle to levels comparable with adjacent
communities.
5.5 Economic Development Implementation Strategies
f. Seek new commercial development that will complement the Central Business District
and Eagle's rural residential identity to locate adjacent to but outside the Central
Business District.
h. Promote additional employment opportunities and expand the economic base by:
1. Encouraging growth and expansion of existing businesses and industry, and
2. Attracting additional business and industry so residents will be provided with
adequate commercial services and facilities.
i. Encourage the balancing of commercial uses throughout the City, the western
planning area, and the Foothills to avoid overloading key intersections and individual
planning areas.
j. Enforce the sizing and scaling of commercial and mixed use areas as specified in
the land use chapter.
k. Encourage the interconnectivity of residential and nonresidential areas within the
western planning area, and the Foothills to the existing CBD and greenbelt system.
1. Discourage isolated or strip commercial uses.
m. Promote and recruit additional employment opportunities that allow Eagle residents to
live and work within the City of Eagle.
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Chapter 6 — Land Use
Table 6.1
Mix of Uses (including i'oottrms)
■ Commercial,
Mixed Use.
Business, &
Industrial
62% ■ Residential
30%
❑ Parkslopan
Space
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 transacting the City while
ensuring compatibility with land uses and design standards of the City.
e. Identify areas that will provide significant employment opportunities to the residents
of the -City of Eagle, thereby supporting the City as a desirable place to live, work, and
recreate.
6.6 Land Use Implementation Strategies
b. EstabIish land use patterns and zoning districts that do not exhaust available services
such as sewer, water, police, fire, recreational areas, highways and transportation
systems.
c. Provide for a broad spectrum of housing types including apartments, townhouses,
condominiums, single-family attached, manufactured homes, affordable and
subsidized housing and large -acreage developments.
d. Discourage strip commercial type development.
e. Signage for non-residential uses should be incorporated as a master sign plan rather
than individual signs when located along State Highways and entry corridors.
r. Consider annexing any parcels of land allowed to be annexed by Idaho Code 50-222-
v. Maintain a Future Land Use Map that encourages higher densities around activity
centers and transit routes but also provides for Iarge 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.
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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.
aa. Discourage the creation of single use commercial and office districts.
bb. Encourage the development of districts that serve a variety of uses.
cc. Discourage mid -block commercial development along arterial and collectors unless it
is specified in the plan.
NOTE: The Eagle City Council approved through Resolution 09-19 the 2009 Comprehensive Plan
with the Rim View Planning area text incorporated below.
6.8 Land Use Sub Areas
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
B. Access
The Iand use and development policies specific to the Rim View Planning Area include the
following:
I . 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 a residential density of up to
1 unit per acre. Units may be clustered to provide for transitional lot sizes to ensure
compatibility of new residential uses to existing residential uses and the commercial and
office uses located at Linder Road and Chinden.
3. Patio home styles and alternative Iot 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.
1. Access to the area should focus on new internal linkages.
2. Primary access should be on Linder Road with limited access onto Chinden Boulevard
only in accordance with ITD'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
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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 20I26 to access commercial/services use along Linder Road.
4. Chinden Boulevard should be recognized as a gateway corridor to the City of Eagle and
development should adhere to proper benning, 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 and recreational uses
currently present in the area.
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 pedestrian linkages to the residential areas adjacent to the site. (See
Illustration, 6.5)
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.
Building
°ram
Residential
Areas
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D. Issues
1. One of the main concerns in the development of this area is the ability to properly balance
the commercial uses with residential uses. New uses should be designed in a manner that
provides a cohesive transition between the commercial and residential uses, incorporating
elements that will provide a common and complimentary identity between the two.
2. 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.
3. 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
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 Iength. Residential
collectors may provide access to local streets, multi -family developments or planned
unit developments. On -street parking may be permitted under special circumstances.
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;
HGCeS ircrrn UIIICi Vdilwdys 16 (yUllllU11CL1 i1llU SUUUIulI]iliG 1V Lli11114 oil utG pilitiipat
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.
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Right -of -Way:
As shall be determined by the Highway District having jurisdiction with recommendations
by the City and seriously considered by the Highway District.
8.2.4 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
As shall be determined by the Highway District having jurisdiction with recommendations
by the City and seriously considered by the Highway District.
8.4 Roadway System Goals
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.
Maintain the functional and connectivity of the street system for current users, emergency
response efforts, and for use by future generations.
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.
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 ITD, the ACHD and the local
development community.
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.
Protect community identity and values of important roads from unnecessary expansion by
adopting specific designs and cross sections for these roads (1e: North Eagle Road).
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Public Transit Goals
Encourage the development of a local and regional public transit system. The public
transit system is to provide basic mobility for some, alternative transportation for others,
and a non -drive alone mode for everyone.
Optimize the effectiveness of public transit through supporting land use decisions.
Promote land use changes and redevelopment plans in key areas that provide densities and
activities that promote the use and efficiency of a public transit system.
Work regionally with COMPASS and Valleyride to plan for the potential of a regional rail
or bus rapid transit system. The SH-44, SH-16, SH-55 and US 20-26 corridors have the
greatest potential.
Coordinate with the Land Use Elements of the Comprehensive Plan to establish potential
transit nodes in the future transit corridors.
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.
e) 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.
8.6.2 Specific Design Strategies
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.
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j) Encourage planning of local roadway systems that will provide for intra-neighborhood
connectivity. The connecting roadways should be designed to not become collectors
and to discourage traffic from cutting through neighborhoods to go from a collector or
arterial to another collector or arterial. Such intra-neighborhood connectivity is for
emergency and delivery vehicles and for local intra-neighborhood access.
1) 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.
m) A collector street system shall be pursued within each square mile of development
adequate to serve the density of development. Special requirements may be
considered in the rural and Foothills development areas or other places where
topographic constraints or low traffic volumes limit the need for the mid -mile
collector road system. Suggestions shall be forwarded to ACHD for long range
planning purposes.
n) Develop grid systems at commercially zoned arterial intersections, where feasible, in
order to support increased traffic.
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.
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
intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is not
unnecessarily pushed out onto arterials and collectors.
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.
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.
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Service level impacts shall be minimized through project modifications, traffic
management plans, street improvement glans or other means.
1) New developments shall be required to stub access to adjacent underdeveloped
parcels, where appropriate.
8.6.6 Multi -purpose Strategies
a) Ensure that transportation and regional transit improvements are constructed or funded
in coordination with land developments. This may be accomplished with direct
funding, extraordinary impact fees, local option sales tax and other funding
arrangements.
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.
Community design is the organized fashion in which a community is developed in order
that a general mood or theme is established and maintained. Elements of the Eagle
community design include: (a) a rural transitional community with a shopping district
functioning as the hub of the community; (b) the Boise River and its floodplain with
wildlife, trees, and recreation opportunities; (c) the rolling hills north of the river; and, (d)
a network of canals and natural waterways which crisscross the community.
12.2 Goats
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.
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.
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.
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
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
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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.
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.
Cr. 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.
h. Reject any development that would establish or tend to establish another City center
outside of the Central Business District.
i. Discourage excessively large single entity businesses that would jeopardize the
competitive business environment.
j. Require new residential, commercial, and industrial development to meet minimum
design standards as specified by City Ordinances.
1. Develop buffer and transition zones between conflicting types of land use.
m. Develop ordinances that will establish the Urban Service Planning Area as the prime
urban development area of the City and Area of City Impact. Development should be
allowed in the area on the condition that sewer and domestic water facilities would be
provided to such development as described by the Water Supply and Sewer Policies of
the Public Services Facilities and Utilities section of this Comprehensive Plan.
r. Encourage the development of a strong community identity through urban design
standards, downtown revitalization, cultural activities, and visual gateways to the City.
u. Protect and enhance the small town character of the City by requiring signage which is
creative and distinctive, compatible with its surroundings, and an 'integral component
of the style and character of the building to which it relates.
w. Create a City composed of neighborhoods in which basic amenities (schools, utilities,
parks, and services) are accessible, visually pleasing, and properly integrated to
encourage walking and cycling.
x. Ensure that all commercial uses are designed to be compatible with, and context
sensitive to, residential uses and environmentally sensitive areas.
Provide increased residential density along the State Highway 44 and State Highway
20/26 corridors when accompanied by alternative access plans.
z. Ensure that commercial development is scaled appropriately to the intended regional,
community and neighborhood use.
aa. Limit non-residential uses to designated areas and make scaling and intensity of use
paramount criteria during the review and approval process.
bb. Ensure that gateways are properly delineated and incorporated into development
through the use of approved landscaping, entry markers and place making features.
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dd. 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)
ff. Recognize the following gateways:
1. Chinden Boulevard and Linder Road
ii. Establish a policy requiring annexation or a consent to annexation by the City of Eagle
prior to development within the Eagle area of city impact.
kk. Require all non -transmission utility distribution within the City of Eagle to be
installed underground.
11. Require that all urban development shall occur under the jurisdictional authority of the
City and shall be connected to municipal services.
Illustration 12.2
Gateway Markers
Chapter 13 — Implementation
13.5 Comprehensive Plan Amendments
From time to time, changing conditions will result in a 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
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Commission for a plan amendment at any time. On its own initiative, the City Planning
and Zoning Commission may also 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
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. 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.
b. Require any person applying for a Comprehensive Plan amendment to submit a
justification Ietter for the amendment which letter shall include the following:
I. 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
PIan 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 their evaluation of the
request.
B. ZONTIG ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL.
• Eagle City Code, Section 8-3-3 (D) Side And Rear Yards For Nonresidential Uses Abutting
Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40') to
any lot line of a residential district; except that the minimum yard requirements may be reduced to
fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the
council is provided. Such screening shall be a masonry or solid fence between four (4) and eight
feet (8') in height, maintained in good condition and free of all advertising or other signs.
Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than
twenty feet (20) in width planted with an evergreen hedge or dense planting of evergreen shrubs
not less than four feet (4) in height at the time of planting.
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Eagle City Code, Section 8-10-1(A): REQUIREMENTS AND RESTRICTIONS (for development
agreements):
Purpose: Development agreements are a discretionary tool to be used by the Council as a condition
of rezoning. Development agreements allow a specific project with a specific use to be developed
on property in an area that is not appropriate for all uses allowed or conditional in the requested
zone.
C. DISCUSSION:
Subject Property,Proposed Comprehensive Plan Amendments
• Since the 2004 adoption of the Western Area PIan, the City of Meridian has annexed and or
comprehensively planned for nearly 1,100 acres of land within the Eagle's area of impact. These
actions represent the removal of 9.6% of the City's non-residential uses today, including the foothills.
See "History of Relevant Actions" on page 2-3 of this staff report.
• The applicant is requesting a change in the comprehensive plan land use map designation from
approximately 79-acres of Public/Semi-Public and 5-acres of Transitional Residential to Mixed Use to
allow for the development of both commercial and residential uses. With this format, the Transitional
Residential element of the property will remain mostly intact with commercial uses located along
Chinden Boulevard .and residential uses located north and adjacent to existing residential
neighborhoods.
• Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (3)) within the
2000 Comprehensive Plan the Applicant must show, "the condition or situation which warrants a
change being made in the plan." In the July 27, 2009 (revised), justification letter provided by the
applicant, date stamped by the City on July 29, 2009, the applicant recognizes that the parcel directly
west of this site has been designated commercial and the subject site will, "include the transitional
component of Mixed Use necessary to buffer the existing residential and create opportunities for
neighborhood business and supplemental commercial." While this scenario has its merits, does it
qualify as a specific "condition or situation" that would necessitate a change to the plan? The
applicant states, "The reality of economics and sustainability has led the City to recognize the planned
community must include components of land use that provide the greatest diversity, Job opportunities
and homes while protecting the lifestyles of those who have made Eagle their home. We see that
between 2000-2006 Eagle experienced 50% growth. In 2007, the City completed a full scale review of
Economic Stability for future growth of the City. That study pointed out that the city could not sustain
itself with only large lot development. The decision was made to become sustainable instead of just a
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sense of community) to be a thriving and self-sustaining entity. Yet recognition of a desired change is
not a "warrant" nor is change for change sake necessarily a situation or consideration that is
appropriate for the subject area.
Needless to say, the reality is the area around the intersection of Chinden Boulevard and Linder Road
is in the throes of change — intensive change. The applicant alludes to this as stated in the justification
letter, "This site is not limited to the confined boundaries of Eagle's Area of Impact or influence of just
Eagle." As of August 12, 2008, the Idaho Transportation Department had: received an access permit
application, reviewed a traffic impact study(s) (TIS), or reviewed a land use plan for proposed
development on all of the corners around the intersection. They are summarized as follows:
• Northwest corner: Knight Sky consisting of approximately 150,000 s.f. commercial, 75,000 s.f.
office, and 125 residential units on approximately 58-acres
• Southwest corner: Knight Hill consisting of approximately 39,000 s.f. commercial, 21,000 s.f.
office on approximately 10-acres
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• Southeast corner: _ DMG Real Estate consisting of approximately 700,000 s.f. commercial, 98
residential units on approximately 80-acres
Northeast corner: Eagle Island Market Place consisting of approximately 362,000 s.f. commercial
on approximately 39-acres
Combined, these proposed projects represent approximately 1,347,000-square feet of non-residential
(commercial, office) and when considered with the Wilson property (280,000 s.f. of non-residential)
totals 1,627,000-square feet (on 215--acres). For a comparison, the south side of Fairview Avenue on
both sides of Eagle Road has approximately 1,000,000-square feet of built commercial (an additional
1,000,000-square feet -is slated for the north side of Fairview). As a side note, for perspective, the
Linder/Chinden intersection will need to be the same size as the Fairview/Eagle intersection is today,
even without development occurring in the area,
Another comparison is the Treasure Valley Marketplace, a 600,000 square foot development located
generally on the northeast corner of Karcher Road and I-84. On the opposing side of the interstate,
and located approximately 1/2-mile away, is the Farther Mall complete with associated satellite uses.
According to information on a flyer (dated 4/l/08) prepared by Thornton Oliver Feller and obtained
from their website, the Treasure Valley Marketplace has a trade population of 235,542; no geographic
radius for the center was represented on the flyer.
However, it may be considered that in order to make the best of the situation at hand (a parcel located
adjacent to a regional arterial, adjacent properties approved or planned for commercial uses) a
development that is transitory in format would better suit not only the subject property but the existing
and planned residential uses to the north and east as well. With development looming on all four
corners of the Chinden/Linder intersection, the City will need to mitigate to the furthest extent possible
the effects of this development. Staff considers the subject property a transitional site, with uses and
form (design) fading from the regional center located on the corner of Chinden and Linder to the
residential areas located to the north and east. This site is most appropriate to be termed "Limited
Service Commercial" which is defined in the Eagle Comprehensive Plan as:
"Uses that accommodate retail sales and services for the daily self sufficiency of local
communities, ensuring that the intensity of limited commercial development is compatible with the
character of the area with special concern to adjacent residential uses."
While the City does not have a district labeled "Limited Service Commercial", the Mixed Use zoning
district will accommodate the types of uses that are referenced above. Staff believes that because the
40-acre parcel on the northeast comer of Chinden and Linder (regional center) already holds a size and
intensity that nears the public's threshold for commercial development; there is no compelling reason
to continue that format further east onto this site, especially considering the City of Meridian's
planning of the three remaining corners of Chinden and Linder. There is however a persuasive reason
to have "support" uses in the form of small retail, office, and service uses to not only complement the
regional center uses but to also benefit existing residential units as well as the new units that will be
constructed nearby. Typically, these "support" uses occupy buildings that run in the range of 5,000 to
20,000 square feet in size, orbiting around larger buildings in the 60,000 to 80,000 (or Iarger) range.
This scenario is or will be evident as the Eagle Island Market Place (EIMP) develops on the property
located to the west of fhis site: a larger building consisting of 187,000 square feet with smaller satellite
buildings proposed to be developed with sizes ranging -from approximately 5,400 to 30,000 square -
feet.
Further, as properties to the east develop, with predominantly residential uses, there requires a certain
limitation on form and intensity to impart both a continuous appearance and character of design and
setting as well as to act as a buffering mechanism for those non-commercial uses.
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Staff recognizes that there is a condition or situation that may be construed as a warrant to change the
Comprehensive Plan: intensive commercial development on the horizon at all corners of the
intersection of Chinden and Linder. If residential were the sole use on the Wilson property, the sudden
change from "big box" retail to a residential use would not well -serve the area; the delineation between
uses would be abruptly apparent wherein the goal is to progressively transition uses from one to
another. The visual character of the area should be designed through scale, intensity, and form to
create structures and settings that are in harmony with existing and planned development in the vicinity
of the site. The question of how to mitigate the condition and situation is described in the sections
below.
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". The July 27,
2009 (revised), justification letter provided by the applicant, date stamped by the City on July 29,
2009, does not explain why there is no other "solution" to the condition or situation that necessitates a
change to the plan. Yet it does seem that the applicant alludes to a solution based upon a premise that
because it is feasible it must be desirable, expressing this idea merely through the proposed square
footage and uses rather than through a plan or "course of action". This Hobson's Choice (accept the
only option offered or none at all) of the matter is not a solution and does not justify the proposed use.
Given the limited information, therefore, we, must consider the applicant's proposal as their solution,
and now must assess whether the solution is viable. In this vein, the development comparisons in the
section above are presented as an attempt to evaluate and address current market conditions and
commercial absorption. While the applicant provided a "Market Square Footage/Absorption" letter
from Bob Mitchell of Thornton Oliver Feller (date stamped by the City on July 7, 2009), staff did not
believe the analysis was sufficient to assess whether the Wilson property is capable of ,supporting
280,000 square -feet of non-residential uses or, for that matter, the Chinden/Linder area supporting 1.5-
million plus square -feet. Staff used data from a demographic forecast prepared by COMPASS to
create a rudimentary assessment to establish a trade area with a population of 235,000, similar to the
Treasure Valley Marketplace asserted trade area demographics. To draw this many people to the
1,627,000-square foot Chinden/Linder development area, the geographic zone would need to include
all of Eagle, Star, Meridian, Garden City, the north foothills, the West Bench Area of Boise,
Middleton, and beyond since this area reaches a population of only 199,930 people, based on the 2010
forecast. The 2030 estimate for this same area is 300,253. Of course this is a rudimentary assessment
but the point is again, there is no evidence to support otherwise. Yet taking a common sense approach
and making mrnnarisons to other areas that have been developed in a similar manner as or000sed
herein, it would seem that appropriate conditions are not quite present. This simple assessment does
not consider the commercial square -footage that exists in the general vicinity, which will certainly
dilute the trade area necessary for this development zone. Staff's conclusion led to the request that the
applicant provide a more detailed report, which was subsequently submitted and titled "Nilson
Properties - Market Analysis - Foxtail" by ROIC analytics, LLC (July 2009), date stamped by the City
on August 13, 2009 (attached). This "chain store analysis" stated, in part, the following:
o "Eagle & Fairview and the Eagle Road Corridor are regional draws, with major retailers
and numerous dining options. Meridian and Eagle are typical of burgeoning downtown
areas with both chain retail serving the neighborhood and specialty retail and unique
restaurant options that serve the neighboring residents as weii as individuals Going
business or seeking entertainment in the area. Chinden and Linder is more characteristic
of a neighborhood center, with most dollars coming from the surrounding neighborhoods.
Attracting brands such as Whole Foods, Trader Joes, or Cabela's could allow this location
to pull much further than the primary and secondary trade area, but it would likely be a
different shopping trip than would be typical of a visit to the retail areas along Eagle Road.
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Whether Chinden & Linder has only tenants that are neighborhood -based or of a regional
nature, neither type of retail mix should significantly impact the central business district
(CBD) in Eagle. Eagle residents already travel to national retailers in the Eagle Road
corridor, Meridian and Boise and shifting their buying patterns to Chinden & Linder
would not take away dollars currently being spent in Eagle's CBD." (page 19)
o "Below (chart within study) is an estimate of retail square footage for the general vicinity
of the site, encompassing the intersection of Chinden and Linder. This analysis attempts
to place tenant classes with the highest opportunity followed by those categories with
moderate opportunity, using typical configurations of tenants for similar retail properties.
As there are numerous possible configurations for these properties, the results should be
viewed as a rough estimate for high-level planning purposes. This analysis in no way
guarantees that the intersection can support the retail indicated nor makes any
claims to retailer success or failure at this site." (emphasis added) (page 18)
While not meant to create doubt or to be critical about the report, it undoubtedly speaks to the
uncertainty of predicting retail success and moreover, is reflective of the vagueness of this entire
proposal (application). The quandary is that while the report did speak to the site in particular; which
is necessary (of course) it did not provide the needed information, that is, of the market conditions of
the surrounding areas — "The Bigger Picture". While the site must be able to stand on its own, it must
also be able to stand among other developments so that it will be viable now and in the future.
Subsequently, the City requested a peer review of the ROIL report by a third party, Dr. Don Reading
of Ben Johnson Associates, who prepared a report entitled "Analysis of `Market Analysis: Foxtail'
ROIC analytics, LLC (July 2009)". Some of the statements from this report include:
o "One can certainly argue that once the economy recovers, the Treasure Valley will grow
more rapidly than it has in the past few years. Given current economic conditions,
however, it is unlikely that the recovery will come soon enough and be strong enough to
attract the population necessary to support the retail and office development indicated in
the ROIC Report by the year 2015." (page 3)
The Reading report references various proximate areas (to the subject site) and their current month -
supply of office and retail space, or the amount of time needed to fill vacant space. For example,
Eagle has a 50-month supply of retail and a 60-month supply of office; West Boise has supplies of 60-
months and 40-months for retail and office, respectively. Speaking to this subject, the report states:
o "This vacant retail and office space, already constructed and on the market, will compete
for tenants within ROIC's defined trade areas. At a minimum, it means that the demand
for retail and office space in the Chinden and Linder trade area will be pushed out beyond
the 2010 and 2015 time frames." (page 5)
o "Along with proposed developments on the other three corners, the Foxtail property would
support 1.6 million SF of office and retail space according to the ROIL Report. This is in
addition to other proposed retail developments and current vacant space elsewhere in the
Secondary Trade Area. These numbers are not supported by a realistic population
projection between now and 2015, nor by potential competition from other developments
and vacant office and retail space." (page 7)
o "On the one hand, there is sufficient office and commercial development already planned
to serve the population of the area for many years to come. Therefore non-commercial
development of the property may be a better fit within the City's existing Comprehensive
Plan and the vision of what it wants Eagle to be as the City matures. On the other hand,
given the prime location, the property may well attract retailers before other planned
locations." (page 7)
Page 26 of 55
KAPianning Dept\Eagle. ApplicationslCPA12008tCPA-07-08 & A-05-08 & RZ- 11-08 ccfl.doc
Staff is not debating the differences between the studies, rather it is the scale and intensity that is the
issue -- the type of retail and how much.
In staffs analysis, the leasable square footage proposed for the site creates a scenario that has not been
justified to serve this area. Further, the proposed development of the property remains in a raw form -
there is nothing to "hang a hat on" in order to appropriately measure the intensity of the proposal.
How is the applicant's proposed 280,000 square feet of non-residential uses appropriate for this area?
Repeatedly, it has been stated by the applicant that they have no "specific" plans, yet a commercial
designation that allows intensive uses of a regional nature is certainly the objective. The preference is
to allow the market to drive the development, which in many instances makes sense; in the long and
short land uses are in a state of flux. And yet this is all too wide open to be able to justify; without
solid dimensions and intensities, how may the proposal be deemed appropriate? How may the City
place appropriate "safeguards" to allow any development on the site? The City needs a clear concept
of the development in order to mitigate impacts (to residents, traffic and roadways, community
cohesion, and aesthetics, etc.) and assess whether the commercial uses and sizes are in line with what
the City believes is appropriate for the area. Considering the prospective development adjacent to this
site, the most appropriate measure to fall back on is one that is similar to the "neighborhood center"
concept as explained in the Comprehensive PIan and briefly described below:
o Approximately 40 to 60 acres in size and allow up to 150,000 square -feet of leasable (non-
residential) space or 2,500 to 3,750 square -feet per acre (limited by terrain, access,
surrounding uses, etc.); may have residential densities of up to 6 to 10 units per acre.
o Integrate a combination of uses including office, retail, and residential
o Located at collector and arterial intersections
o Are to be sized and scaled, clustered and massed to be compatible with surrounding
single-family uses and to add interest and character
o Normally open-air shopping areas with buildings oriented to streets or central plazas to
encourage pedestrian scaling and neighborhood feel
Based upon previous public participation processes regarding the Comprehensive Plan, the threshold
of a regional commercial center lies between 250,000 and 450,000 square -feet. Combining EIMP at
366,000 square -feet with 70,000 to 105,000 square -feet for the Wilson property the community
tolerance is met or exceeded; the regional commercial center has been staked. with EIMP. Therefore,
surmising the information provided above, and that included within the two market analyses
referenced herein, the site should be limited to the type of development and square footage as
calculated below:
A Neighborhood Center comprised of between 70,000 and 105,000 square -feet with no single
building to exceed 7,500 to 10,000 square feet in size.
With the lack of information, the City will need to prescribe the appropriate level and breadth of
development. This must be couched with the objective to dissuade any negative impacts upon the
vitality of the Eagle Downtown. It appears that the majority of the types of retailers that would
frequent the subject intersection . typically would not locate in the downtown, either because a
downtown is not their "natural" setting, there may be established competition, or there may not be the
appropriate sized land form to accommodate their needs. It would then seem that most of the
competition with the downtown would come from restaurants and specialty shops, those that typically
take advantage of the traditional storefront and pedestrian oriented streetscapes typical of a downtown.
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employment activity must be located within close proximity of residential areas. In this instance, form
is clearly the more dominant factor in determining where businesses locate and, that being the case, the
downtown and a mixed -use neighborhood, while both highly desirable, offer two distinct
environments. This is a policy decision the City will need to carefully weigh; clearly a balance
between commercial uses in the downtown and outlying areas will be necessary. Again, consideration
may be given to allowing a small-scale mixed use development that is complimentary and cohesive
Page 27 of 55
KAPlanning Depffiagte AppiicationACPA12 OMPA-07-08 & A-05-08 & RZ-11-08 ccfl.doc
with existing and planned commercial and residential lands in the subject area.
Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4)) the Applicant
must identify "the public benefit that would occur from such a change in the plan." The July 27, 2009
(revised), justification letter provided by the applicant, date stamped by the City on July 29, 2009, lists
numerous statements that the applicant considers benefits, such as:
o Well -planned community that encourages diversity in housing opportunities/fosters economic
vitality.
o Current congestion will be helped by Eagle Island Marketplace's commitment to providing
improvements to Chinden/Linder intersection
o Capture vehicle trips providing shorter travel time and greater convenience
© Help build Eagle's economic base by providing 400 new jobs
As briefly mentioned previously, the project may provide an opportunity to mitigate the intensity of the
development that is occurring south and west of the subject property, perhaps acting as a buffer to
existing properties north and east, This does not justify the subject site being developed at the same or
even greater intensity as those planned before it. While the applicant's stated benefits would also
contribute to the City as a whole, achieving the goal of transition in form, use, and intensity would
better serve the project vicinity.
This concept was employed when the City planned the Chinden/Black Cat area to create a mix of uses
combining regional commercial, retail, and transitional density residential uses. The vision for that
area was to capitalize on the unique topography along the rim while recognizing the need to provide
regional commercial opportunities along Chinden Boulevard. But these commercial activities were
limited to 40-acres; office and light retail were to serve as a buffer between commercial and residential
uses; residential lot sizes transitioning from'/z to I acre, with smaller lots adjacent to office areas and
larger adjacent to existing residential.
When the City reviewed its "make-up" of commercial and residential lands, the plan was set in place
to address abundances and shortcomings, and areas were subsequently designated for build -out.
Considering the changes at the Black Cat and Chinden intersection and to maintain the balance that
was desired, the Chinden/Linder area was/is considered appropriate for a more intensive use than
previously planned while not significantly changing the prescribed residential/non-residential ratio of
the City as a whole. And now we are faced with additional commercial proposed not only on the
subject site but on the surrounding lands as well - how does this disrupt the balance? It throws it
beyond the thresholds for intensity and size established by the public and their involvement in the plan.
When the 40-acre Black Cat planning "format" was moved and approved for Linder, it did not mean
that the surrounding properties were appropriate and ripe for intensive commercial of the same mold.
It meant that transition of form and use was going to be, and is, necessary to limit the impacts to
surrounding properties AND to meet the overall objectives of the plan.
Traffic Analysis
+� For background, a memo to COMPASS from Parametrix (dated November 14, 2008), refers to the
"Traffic Analysis Technical Memorandum", an analysis incorporated in the US 20/26 Corridor
Preservation Study that included data relative to the Chinden/Linder intersection. In 2005, approach
traffic volumes on Chinden were 14,000 vehicles per day (vpd) while Linder had 6,500 vpd; the
intersection operates at a Level of Service (LOS) D. In the year 2030, approach volumes will reach
48,000 vpd and 19,000 vpd respectively which will result in a LOS of E using a conventional
signalized intersection (a "diamond" interchange would result in an LOS of Q. See below for other
infon-nation.
Page 28 of 55
KAPlanning Dept Eagle Applications\CPAl200MPA-07-08 & A-05-08 & KZ -I 1-08 cefJ.doc
According to the .Idaho Transportation Department, the Chinden and Linder intersection is now no. 5
on the High Accident Location list for District III; the previous year it was at no. 9. The Ada County
website lists traffic counts on Chinden west of Linder Road at 20,666 vtd (8/21/07) and 19,214 vtd
(6/18/09) east of Linder Road, and on Linder Road south of Chinden at 7,781 vtd and north at 9,442
vtd (10/08/2008).
The applicant has submitted a traffic study dated October 29, 2008, and a revised study dated January
16, 2009, prepared by.Thompson Traffic and Civil. Study addendums dated April 6, 2009, April 14,
2009, April 21, 2009, and a revised April 21, 2009, dated June 3, 2009 (date stamped by the City on
May 27, 2009, April 27 2009, and June 3, 2009, respectively) have been submitted and principally
relate to the effects of residential development of the Yorgason property located east of the Wilson
property. A timeline of these iterations, prepared by Thompson Traffic and Civil, is attached to the
staff report; copies of the traffic study have been provided to ITD, ACHD. The following conclusions
of the report are presented as a summary with effort made to not present the report out of context; a full
report is attached to the staff report:
o The Wilson property is assumed to generate 8,804 vpd, based on 280,000 square -feet of
non-residential, 40 single-family residential units, and 64 multi -family units —this number
will fluctuate slight depending on the mix of residential uses; the site is limited to 128
residential units due to sewer capacity. (January 16, 2009, report)
o The Yorgason property, to be developed residentially, is assumed to generate 2,651 vpd,
based on a proposed density of 2.5 units per acre (275-units). Because the site is limited
to 257-units due to sewer capacity, this number may be assumed to be slightly less (2,460
vpd). (April 21, 2009 letter, revised .tune 3, 2009)
o The intersections of Chinden/Linder, Chinden/Meridian, and Chinden/Fox Run all
currently operate at an acceptable LOS and under future background conditions for the
build out year (2015) will all operate at LOS F. Improvements for each intersection will
be necessary to reach an acceptable LOS for the build out year. The Communities in
Motion Regional Long Range Plan 2030 recommends expansion of Chinden (Hwy 20/26)
to four lanes. None of the proposed improvements are budgeted or scheduled for
construction by ITD in the next 5 years.
o As noted in the letter dated July 7, 2009 (date stamped by the City on July 8, 2009),
prepared by Thompson Traffic and Civil, the applicant believes that the use of the existing
access (currently serving the golf course) as the main access into the development is the
best option for access when considering "(i) the efforts we have made to improved
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Chinden/Linder), (ii) the interconnectivity limitations of adjacent properties, and (iii) our
traffic report that shows our proposed access solution works with the planned development
and road improvements in the Chinden/Linder area."
To say the Ieast, access to the site remains a moving target at this point in time. Ideally, access could be
accommodated at a signal,- such as an access road through to the signalized intersection at Fox Run, or, as
initially proposed, moving the current signal to the west to the, 1/2-mile point between Linder and Meridian
roads. Also, initial discussions had been aimed at a shared access at the common property line with the
EIMP project to the west of this site (approximately the 1/ mile point). The applicant now intends to
utilize the existing access initially approved for the low -volume golf course to continue as the main access
for the proposed commercial development and intensification of this access must be approved by 1 D at
the time the redevelopment occurs. There are multiple concerns and impacts with either of these scenarios,
both with developers and more so with residents and the public in general. As such, there has been
resistance by one party or another when any one of the accesses is discussed. It is important to note there
remains the opportunity t6 adequately facilitate an access that respects the concerns (mostly) of the parties
involved (EIMP, Wilson Properties, Foxtail residents, the City, and ITD). With the potential to take
Page 29 of 55
KAPIanning DeptiEagle ApplicationACPA1200MCPA-07-08 & A-05-08 & RZ-11-08 cdLdoc
advantage of multiple connections to the site, it would behoove the applicant to work with the neighbors,
ITD, and the City to provide internal circulation roads to serve this area while utilizing limited access
points to State Highway 20/26.
Regardless of the final determination on access, the applicant must work with surrounding property owners
to provide adequate, safe, and efficient circulation throughout the adjoining parcels. It is imperative that
internal linkages are established that, in the northern section of the area, are predominantly pedestrian
oriented with indirect vehicle linkages designed to accommodate local trips and prohibit cut -through traffic
between commercial and residential sections. In the southern area the objective is to provide cross access
among parcels to eliminate the need for customers and residents to enter the arterial system only to re-enter
a development a few feet away. And finally, the location of a shared driveway at the common property
line with EIMP must remain a consideration.
COMPREHENSIVE PLAN PROPOSED TEXT AMENDMENTS
The applicant has submitted the following language to amend the text of the Comprehensive Plan, with
underlined text proposed to be added and strikethrough text proposed to be deleted by the applicant. City
Staff's comments appear in italicized text.
6.3.16 Public/Semi Public
Suitable primarily for the development of such uses as golf courses, parks, recreation facilities, greenways,
schools, cemeteries, and public service facilities such as government offices. Support activities may also
be permitted, A parcel or assemblyparcels 75 or more acres that has at least I000-feet of frontage on a
principal arterial and that is immediately adjacent to a parcel holding a commercial designation mU be
developed as allowed in the mixed use designation.
All development within this land use is encouraged to be designed to accommodate the different needs,
interests, and age levels of residents in matters concerning both recreation and civil activities. Where
mixed uses are allowed, development is encouraged to be designed to buffer and complement adjacent
land uses and ensure compatibility of new development with existing and future development designations
as set forth in the Comprehensive Plan Map.
The public/semi public land use designation is not a residential land use designation, except where mixed
uses are allowed. When a project or development is designed that contains or is adjacent to Iand holding a
public/semi public land use this land will not be included when calculating the allowable residential
density. Projects that hold a residential designation that want to provide amenities similar to those allowed
in the public/semi public designation may transfer density within the development only when using the
standards established in the Planned Unit Development as defined in the comprehensive plan.
These changes are not necessary nor are they warranted. If the proposed changes were made, the intent
and vision of Public/Semipublic land use designation would cease to exist; it would merely become a
mixed use designation. Staff does not recommend any change to this section of 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, and the need to buffer and preserve the existing residential developments, and the need to
provide commercial opportunities for a regional commercial center along the regil transportation
corridors south of the Boise River, Because of the alignment of the State Highway 16 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.
Page 30 of 55
KAPlanning DeptTagle Applications\CPA120081CPA-07-08 & A-05-08 & RZA 1-08 ccfl.doc
This proposed change is too broad; it seems to imply that a regional commercial center is appropriate
along the entire corridor (of Chinden Boulevard), Moreover the emphasis changes from recognizing the
importance of the corridor as functioning as a regional transportation conduit. Staff believes the
language as written in the Comprehensive Plan remains appropriate for defining the area and thus no
changes to this section are recommended.
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. The
approximately 85-acre area immediately east of the commercial area (i.e., the 80-acre parcel
immediately east of the commercial area and the 5-acre-parcel at the northwest corner of Fox
Run Ave and Chinden Blvd.) shall be permitted to develop as allowed in the mixed use
designation It is anticipated that an approximately forty acre area immediately north of the
commercial area also will be developed as allowed in the mixed use designation. Accordingly,
the site plan of the commercial area should be cohesive with the prospect of _mixed use
development on the adjacent abutting parcels.
The Comprehensive Plan should not be construed as the mechanism to grant an entitlement to
a property; the Plan is the establishment of policy (intent) while the zoning designation of a
site determines the type of development; that is, zoning is the execution of policy. It is
necessary to modify the proposed language to show the vision of the area but not to grant the
property a particular right; this may be afforded through a development agreement and as
such, Staff does not recommend any changes to this section of the Plan.
2. Areas designated as Transitional Residential should have u an average residential density of up
to 1-unit 2.5-units per acre. Units may should be clustered to provide for transitional lot sizes
to ensure compatibility of new residential uses to existing residential uses and the commercial
and office uses located at Linder Road and Chinden.
The term "average" may be considered appropriate in this instance in order to facilitate the
clustering and higher density residential that may be more appropriate adjacent to
commercial uses, and to accommodate an appropriate transitioning of lot sizes. The density
will be limited due to available sewer capacity.
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space and recreation areas located in the Rim View Area. The patio homes and townhouses
may be located near the commercial area.
b. Access
Access to the area should focus on new internal linkages that allow adjacent arcels to provide
pedestrian and vehicle connectivity into the Rim View Planning Area. Concur
Primary access should be on Linder Road with li fnited aeeess a and Chinden Boulevard 0* in
accordance with fTD'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.
,Disagree. Nothing in the planning of this area, as well as the 20126 corridor has changed to not
have limited access to the roadway.
Page 31 of 55
KA1PIanning DeptTagle App]icationsTPA1 OOMPA-07-08 & A-05-08 & RZ-1 1-08 edLdoc
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 20I26 and
Linder to access commercial and mixed use/services use alefig Lindef RO and create cross -
access into adjoin properties. Concur
Chinden Boulevard should be recognized as a gateway corridor to the City of Eagle and
development should adhere to proper berming, landscaping, and appropriate setbacks set by ITD
and the City of Eagle 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. Concur.
C. Design
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.
Design of this area should be compatible to the existing residential as Feefe tienal uses currently
present in the area and future mixed uses. Concur
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 vehicle and pedestrian
Iinkages to the mixed use and residential areas adjacent to the site.
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.
Signage for all no uses should be designed to be consistent and complimentary, with
place -making being the primary objective and identification of uses being secondary.
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.
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 exi_ stingy residential uses. New mixed uses should be designed in
a manner that provides a cohesive transition and connectivity between the commercial and
residential uses, incorporating elements that will provide a common and complimentary identity
between the4we such uses. Concur
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.
As this area develops, consideration should be made of the transitory non -farm uses that have been
approved by Ada County which may be nearing the expiration on the open space restrictions
well as the conversion of existing Lsemi-public commercial uses to mixed uses.
Redundant; no change necessary
ANNEXATION AND REZONE
The applicant has submitted proposed conditions of development to be considered in a development
agreement for this site. These conditions were submitted with the premise that a preannexation
development agreement would be necessary since the subject property was not contiguous to the Eagle
Page 32 of 55
kA.Planning Dept\Eagle ApplicationlCM200MCPA-07-08 & A-05-08 & RZ-11-08 ccfl.doc
City limits. This application is now being considered in conjunction with another application that, if
approved for annexation, would provide a path of annexation to the Foxtail property; any conditions
approved with this application would apply regardless.
The applicant has submitted the following conditions of development to be included within a development
agreement (dated 8.26.09)*. Please see staff's comments and recommended revisions under the
heading "STAFF RECOMMENDATION REGARDING THE ANNEXATION AND REZONE"
* Note — On. February 22, 2010, the applicant, City Attorney and City Staff provided revised Conditions of
Development which are shown below Council Decision Regarding the Annexation and Rezone (page 44).
3.1 Golf course operations may continue on the Property, or such portions of the Property, until
Applicant elects to abandon such operations. Nothing in this Agreement shall be construed or interpreted
to limit the use of the Property for a golf course, including present and fixture appurtenant operations (e.g.,
driving range, retail and restaurant sales in its clubhouse, golf lessons, social events, etc.). Further, nothing
shall be construed or interpreted as limiting or preventing the Applicant from securing and using
entitlement permits for additional golf course related structures, improvements or operations.
3.2 Nothing in this Agreement shall require Applicant to fulfill its pre -development obligations with
respect to any Use Area until such time as Applicant elects to abandon golf course operations in such Use
Area (as defined in Section 3.4 below); provided, however, Applicant shall not be entitled to pursue
development of any Use Area pursuant to this Agreement until its pre -development obligations with
respect to such Use Area have been completed.
3.3 All future development of the Property shall be generally consistent with the Concept Plan (as
amended from time to time); provided, however, it is the intent of this Agreement to allow flexibility at the
time a detailed plan and platting are submitted to Eagle so long as the general intent of the Concept Plan
and the requirements set forth in this Agreement are met. The Concept Plan is not a fixed development
plan but only Applicant's current concept for the future development of the Property. Eagle understands
that Applicant does not have a particular project in mind at this time, so the Concept Plan only represents
.Applicant's best guess of appropriate future development for the Property once it is no longer feasible or
desirable to operate a golf course on the Property. Further, Eagle understands that a number of factors may
make it convenient or desirable to change the Concept Plan from time to time, including, but not limited to,
development of adjacent properties, location of/restrictions on access to Chinden Boulevard, locations of
roads to adjacent properties, and market conditions. Accordingly, if the Applicant finds it convenient or
desirable to change the Concept Plan in the future, Eagle shall give any proposed changes from Applicant
fnir nnn6rlPrg6rin Tf Rnole reasonably determines that anv or000sal requires public comment due to
---o - - — - — -,
potential impacts on surrounding property or the community, Eagle may hold public hearings on such
proposal as then provided by Eagle City Code.
3.4 The uses areas indicated on the Concept Plan (referred to herein as "Use Areas") shall be subject
to the following use, size and/or density limitations:
3.4.1 For the "MU-DA (Commercial) Use Area" indicated on the Concept Plan, the permitted
uses shall be all those that are permitted or conditional uses identified under the Mixed Use
District in the Commercial section of Eagle City Code 9-2-3 except for the following uses which
ara nmi�ih�rP.rl
• Ambulance Services
• Cemetery
• Circuses and Carnivals
• Drive in Theater
• Hospital
Page 33 of 55
KAPlanning DeptlEagle ApplicationACPA1200MCPA-07-08 & A-05-08 & RZ-11-08 ccf 1.doe
• Kennel
• Mortuary
• Nursing/Convalescent Home
If the permitted and conditional uses in the MU zoning designation are expanded, such expanded
uses shall be allowed as permitted or conditional uses as the case may be. The MU-DA
(Commercial) Use Area shall be limited to 210,000 square feet of enclosed building area (i.e.,
enclosed with walls and roof), with no single enclosed building area greater than 120,000 square
feet in size and no structure abutting Chinden Boulevard to exceed 20,000 square feet of enclosed
building area. Applicant shall endeavor to locate the following "target uses" in accordance with
the target use areas as depicted on the Concept Flan:
• Computer Store
• Book Store
• Restaurants (including drive thru)
• Banks/financial institutions (including drive thru)
• Specialty food stores (not greater than 25,000 sq. ft. of floor area)
• Specialty retailers
• Fitness centers
• Sporting goods stores
• Entertainment centers (i.e., movies, games, miniature golf, etc,)
• Home improvement stores
• Furniture stores
• RetaiI pharmacies
• Garden centers as secondary use to primary retailer
• Theater
• Feed/seed retail
3.4.2 For the "MU-DA (Neighborhood Business) Use Area" indicated on the Concept Plan,
the permitted uses shall be limited to the following; provided, however, additional uses may be
permitted if a modification to this Agreement is approved by Eagle:
• Artist Studios
• Banks/financial institutions (including drive thru)
• Bars
• Beauty/barber shop
• Bicycle Shops
• Catering service
• Child Care Center
• Daycare Center
• Commercial Entertainment Facility (indoor)
• Communication facilities (with conditional use)
• Drugstore
• Christmas Tree Sales
• Church
• Clinic (medical or dental)
• Club or Lodge
• Coffeelbakery shops
• Convenience store with fuel service
• Electronic sales, service or repair shop
• Fitness Centers and Spas
• Food and beverage services
Page 34 of 55
KAPlanning Dept\Eagle ApplicationskCPA1 OOMPA-07-08 & A-05-08 & RZ-11-08 cefi.doc
• Health clubs, spas, weight reduction salons
• Home and business services
• Nursery, plant materials
• Office, business and professional
• Personal improvement
• Personal services
Personal wireless facilities (height 35 feet or less)
• Photographic studio
• Printing and/or blueprinting
• Professional services/activities
• Restaurant (with drive thru)
• Retail sales (general, pharmacies and medical)
• Specialty Stores
• Storage (enclosed building)
• Travel services
• Veterinary Clinic/Domestic Animal Retail (no non -medical boarding)
The MU-DA (Neighborhood Business) Use Area shall be limited to 70,000 square feet of enclosed
building area (i.e., enclosed with walls and roof), with no single building greater than 40,000
square feet in enclosed building area and no structure abutting Chinden Boulevard to exceed
20,000 square feet of enclosed building area. Applicant shall endeavor to locate the above
permitted uses in accordance with the target use areas as depicted on the Concept Plan.
3.5 The "Residential Use Area" consists of approximately 51.8 acres (inclusive of open space). The
maximum density for the Residential Use Area shall be approximately 2.47 dwelling units per acre with a
maximum of 128-dwelling units, subject to the capacity of the sewer system. Residential uses in the
Residential Use Area shall not require a conditional use permit. Multi -family developments shall be
subject to Design Review approval. All open space requirements shall be met pursuant to Eagle City Code
8-6-5-2. Sidewalks and pathways shall be constructed in appropriate locations to provide pedestrian
connectivity throughout the site. The Residential Use Area shall emphasize transitioning with multi -family
and/or patio home dwellings adjacent to non-residential development and single-family dwellings located
adjacent to existing residential uses. Minimum Lot sizes and Setbacks shall comply with the following for
each area as depicted on the Concept Plan:
3.5. l For the Residential Use Areas designated as "Up to Eight Units per Acre", the permitted
uses include single-family dwellings, two-family dwellings and multi -family dwellings as follows:
Minimum -Lot Size: 5,000 square feet
Front Setback: 15 feet to living area / 20 feet to garage
Rear Setback: 15 feet*
Side Setback: 5 feet*
Street Side Setback: 15 feet*
*All multi -family dwelling buildings shall be located a minimum of 20-feet from adjacent dwellings.
3.5.2 For the Residential Use Areas designated "Up to Three Units per Acre", the permitted
uses include single-family dwellings and two-family dwellings* as follows:
Minimum Lot Size: 10,000 square feet
Front Setback: 20 feet
Rear Setback: 20 feet
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Side Setback: 5 feet (additional 2.5 feet per story)
Street Side Setback: 20 feet
`Two-family dwellings may only be pernutted in areas directly adjacent to two-family dwellings and multi-
family dwellings located within the "Up to 8 Units per Acre" area.
3.5.3 For the Residential Use Areas Designated "Up to Two Units per Acre", the permitted
uses include single-family dwellings:
Minimum Lot Size: 17,000 square feet
Front Setback: 25 feet
Rear Setback: 20 feet
Side Setback: 7.5 feet (additional 5 feet per story)
Street Side Setback: 20 feet.
3.5.4 For the Residential Areas Designated "One Unit per Acre", the permitted uses include
single-family dwellings and two-family dwellings:
Minimum -Lot Size: 37,000 square feet*
Front Setback: 30 feet
Rear Setback: 30 feet
Side Setback: 15 feet
Street Side Setback: 30 feet
Lots adjacent to the boundaries of the Foxtail Subdivision, Sandy Court and Winward River
Heights Subdivision shall not be less than 43,560 square feet in size
3.6 Eagle shall not issue any development permits except permits related to the golf course and related
operations set forth in Section 1 above, for any portion of the MU-DA (Commercial) Use Area or MU-DA
(Neighborhood Business) Use Areas until Eagle approves the following pre -development obligations for
such use area:
3.6.1 Applicant shall develop and submit a conceptual site plan ("Conceptual Site Plan")
outlining future phased developments. The Conceptual Site Plan shall be generally consistent with
the Concept Plan and shall illustrate the general locations of major improvements such as
buildings, parking areas, primary drive isles, outdoor plaza areas and perimeter landscaping. Upon
review and approval in accordance with the procedures identified in Section 7.1 (which shall occur
prior to the issuance of a zoning certificate or final plat approval in such use area), the Conceptual
Site Plan shall be attached hereto as Exhibit C-2 and become a part of this Agreement.
3.6.2 Applicant shall develop and submit landscape guidelines, site design guidelines and
architectural guidelines to govern future phased developments. Such guidelines shall complement
landscaping, site design and architecture of the adjacent Eagle Island Marketplace development,
and shall be generally consistent with the design intent identified on Exhibit D. Upon review and
approval in accordance with the Design Review procedures set forth in Eagle City Code (which
shall occur prior to the issuance of a zoning certificate or final plat approval in such use area), such
guidelines shall be attached hereto as Exhibit E, Exhibit F and Exhibit G, respectively, and
become a part of this Agreement.
3.6.3 Applicant shall develop and submit conceptual plans for the design, size, location and
future phasing of outdoor plaza areas to facilitate gathering points for users of such area. The
design for the plaza areas shall include items such as seating areas, artwork, fountains,
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landscaping, drinking fountains, bike racks or similar features designed to establish a common
theme or identity to such areas, and shall be generally consistent with the Conceptual Site Plan and
the design intent identified as Exhibit D. The conceptual plan shall be reviewed and approved in
accordance with Design Review procedures set forth in the Eagle City Code prior to the issuance
of a zoning certificate or final plat approval in such use area. The final design of each plaza area
shall be reviewed concurrently with the review of the associated commercial areas, and each plaza
area shall be constructed concurrently with associated commercial areas.
3.6.4 Applicant shall develop and submit a master signage plan which includes exhibits and
guidelines necessary to achieve a visually coordinated, balanced and appealing signage
environment. The master sign plan shall include monument and wall sign styles, themes, and
locations. It is the intent for the master sign plan to govern all signage within the Use Area in
accordance with Eagle City Code § 8-2A. The master sign plan shall be reviewed and approved in
accordance with the Design Review procedures in Eagle City Code prior to the issuance of a
zoning certificate or final plat approval.
3.6.5 Applicant shall provide for and include a cross access between all commercial lots within
the development. The cross access agreement shall be reviewed and approved by Eagle's city
attorney for both form and content prior to issuance of a zoning certificate. The cross access
agreement shall be executed and recorded prior to the issuance of a zoning certificate.
3.6.6 Applicant shall construct a minimum 6-foot concrete sidewalk along Chinden Boulevard
in a meandering pattern compliant with the Americans with Disabilities Act.
3.6.7 Applicant shall develop and submit a conceptual plan for the design and phasing of (i)
pathways (sidewalks) within the interior parking lots of the MU-DA (Neighborhood Business) Use
Area and MU-DA (Commercial) Use Area to provide pedestrian interconnectivity to all portions
of such areas to reduce the need to drive from store to store and to promote enhanced pedestrian
movement; (ii) shelters, "kiosks" pergolas, etc, in appropriate locations to provide refuge and
visual relief to pedestrians traversing the parking lot, and (iii) pedestrian connectivity between
adjacent residential and commercial uses. The conceptual plan shall be generally consistent with
the Conceptual Site Plan and reviewed and approved in accordance with the Design Review
procedures in Eagle City Code prior to the issuance of a zoning certificate or final plat approval.
The final design of each feature area shall be reviewed concurrently with the review of the
associated commercial areas, and each feature area shall be constructed concurrently with
associated commercial areas.
3.7 Except as otherwise provided in this Agreement, all future development of the Property shall
comply with Eagle City Code as it exists in final form at the time this Agreement is recorded.
3.8 Prior to submittal of any final plat application for any portion of the Property, such portion of the
Property shall (i) be annexed into Eagle Sewer District's boundaries and shall comply with all applicable
Eagle Sewer District's regulations and conditions, (ii) have been issued any required approval letters from
Idaho Division of Environmental Quality, and/or Central District Health. Further, prior to issuance of a
building permit for any non-residential buildings that are not the subject of a final plat application,
Applicant shall provide proof of adequate sewer service to the proposed habitable buildings by causing a
letter of approval to be provided to Eagle from Eagle Sewer District.
3.9 Concurrently with the recordation of a final plat, or prior to the issuance of a Certificate of
Occupancy for any non-residential building, for any portion of the Property, the Applicant shall record
conditions, covenants and restrictions ("CC&Rs") against such portion of the Property that contain at least
the following provisions:
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An allocation of responsibility for maintenance, in perpetuity, of all community and privately
owned landscape and amenities;
* Establishment of an architectural control board for all buildings prior to building permit;
* An allocation of responsibility for the operations and maintenance of the pressurized irrigation
system for the Property.
Such CC&Rs shall be reviewed and approved by Eagle's city attorney for both form and content to assure
compliance with the conditions required herein prior to the submittal of any final plat application for the
portion of the Property.
3.10 Prior to the issuance of any Certificate of Occupancy for any building within any Use Area (except
golf course -related buildings), Applicant will construct such normal and customary phased improvements
and satisfy such normal and customary conditions required by the Ada County Highway District and the
Idaho Transportation Department for such Use Area. The City supports the continued use of the existing
full commercial access to Chinden Boulevard, and therefore nothing herein shall be construed to require
Applicant to comply with any condition that requires the relocation, restriction or termination of the
existing full commercial access to Chinden Boulevard. These phased improvements include, but are not
limited to, dedication of right-of-way for future road widening, roadway and intersection improvements
commensurate to development traffic impacts, construction of sidewalks along Chinden Boulevard, and
construction of driveways in the locations and configurations as determined by the aforementioned entities
or as otherwise may be required herein. The obligations set forth herein are without prejudice or waiver of
any right to compensation for such dedications or improvements. Approval letters from these entities shall
be provided to the City prior to the issuance of a Certificate of Occupancy.
3.11 Due to the high visibility of the Chinden Boulevard, special attention shall be given to the design,
configuration and position of the buildings abutting the roadways. The layout of such buildings shall be
generally consistent with the building layout of the adjacent Eagle Island Marketplace project. Drive aisles
should be designed and located to complement the design and layout of drive aisles in the adjacent Eagle
Island Marketplace project. All lots and buildings shall be configured to screen any and all loading areas
and trash enclosures from view as seen from residential uses or public roadways. Building placement shall
be designed such that parking areas are not concentrated between the buildings and Chinden Blvd. The
side of any buildings facing the roadways shall be provided with architectural design elements and
architectural relief, as may be approved by the Eagle Design Review Board.
3.12 All buildings shall be set back a minimum of 105-feet from the centerline of Chinden Boulevard to
accommodate future corridor widening.
3.13 The MU-DA (Neighborhood Business) Use Area and MU-DA (Commercial) Use Area are
expected to take access from the existing commercial access to Chinden Boulevard.
3.14 Wilson Properties shall work with the neighbors immediately west of the Foxtail Parcel to locate
vehicular and pedestrian cross access approximately as shown on the Concept Plan. The opening and use
of such cross access requires a (i) mutually acceptable reciprocal easement agreement between the owners,
(ii) Wilson Properties' confirmation that such cross access will not pose access, traffic, safety or other
adverse issues for the Foxtail Parcel or the Fox Run Parcel and (iii) a traffic study showing no adverse
impact on the Foxtail Parcel's commercial access.
3.15 Wilson Properties shall work with the neighbors to the east and west of the north half of the
Foxtail Parcel to coordinate Iocation of not less than one road connection suitable for a future road between
Linder Road and Meridian Road. Such road connection need not be a collector road unless required by
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KOanning DeptTBagle Applications\CM2008tCFA-07-08 & A-05-08 & RZ-11-08 ccf] ,doc
ACHD and warranted by the anticipated traffic volumes.
3.16 The Applicant shall continue to work with the City of Eagle, ITD, ACHD and other property
owners in the northeast quadrant of the US 20/26 and Linder Road intersection to support interconnectivity
with the goal of fostering internal circulation that will reduce local traffic use of US 20/26.
3.17 The development shall include buffers pursuant to Eagle City Code 8-3-3 D for any commercial
uses located adjacent to any property with a residential zoning designation. All service areas (loading
bays, trash compactors, etc.) shall be designed to lessen impacts (noise, glare, odors, etc) upon adjacent
residential uses. The storage of materials, packing supplies, and merchandise is prohibited within the
service -drive aisle and service areas. Tasteful displays of merchandise may be permitted outdoors if
approved through a development application.
3.18 Any building with a proposed drive-thru shall be designed in such a way as to compliment the
entirety of the Property and if located near residential uses or a public way shall provide a minimum forty-
eight inch (48") grade separated berm and/or screen wall with vegetation adjacent to the drive-thru lanes to
reduce the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and vehicle cueing).
Design styles exceeding the standard utilitarian look of a building with a drive-thru shall be required. The
City may place reasonable limits on the hours of operation of all drive-thru uses to ensure compatibility
with adjacent uses.
3.19 The Applicant shall provide bus stops as may be required by the City of Eagle. The location and
placement of the stop(s) will be done in conjunction with other property owners at the US 20/26 and
Linder Road intersection, in cooperation with ITD, ACHD, Eagle, and the city of Meridian. Foxtail will
pay its fair share of reasonable costs proportionately with other developments.
3.20 Deliveries shall be conducted from the hours of 7:00 am to 10:00 pm; all other operations of the
site shall comply with Eagle City Code Section 4-9.
3.21 All non-residential (commercial) mixed uses may be subject to reasonable dark -sky lighting, noise,
or related limitations at the design review approval stage to address additional concerns that may arise.
3.22 The Property is currently located within the Meridian Fire District and, therefore, Applicant shall
work with the Meridian Fire District for all fire service/protection issues, unless annexed into the Eagle fire
district service area.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT REGARDING THE
COMPREHENSIVE PLAN:
Based upon the information provided to date, staff recommends approval of the comprehensive plan map
and text amendment as provided within the staff report.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT REGARDING THE
ANNEXATION AND REZONE:
Based upon the information provided to date, and the analysis contained within the staff report, staff
recommends approval of the annexation and rezone with the conditions to be placed within a development
agreement as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on June 15,
2009, The Commission continued the item to July 13, 2009, at which time the applications were remanded
to staff. The applications were re -noticed and came before the Eagle Planning and Zoning Commission for
their consideration on October 26, 2009. The Commission continued the item to November 16, 2009, at
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which time public testimony was taken, the public hearing was closed. The Commission made their
recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by three
(3) individuals (other than the applicant/representative) who felt that this development is a great
opportunity for the strategic growth of the City relative to the tax base and job growth; the need to protect
this "gateway" into the City from the encroachment of the City of Meridian; others expressed their
empathy to the Commission's difficult decision; the importance of traffic safety; the need to have a funding
system to provide necessary infrastructure; the importance of sustainability, mix of uses, and higher
densities; and the advantage of master planning multiple parcels.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by
eleven (11) individuals with concerns regarding increases in traffic and safety issues on heavily traveled
Chinden and Linder Road, as well as impacts on the intersection; increase in noise pollution; the size of the
commercial project is too big for the area and does not meet the intent of the comprehensive plan agreed
upon two years ago; the density is not appropriate for this area; the need to maintain the Comprehensive
Plan as it is currently written; the need to protect the existing neighborhoods; projected population growth
does not support the ROIL report findings; projected project build -out time frames are not realistic; claims
that the developer has not satisfactorily maintained contractual berming; the lack of consistent answers
from the developers; request to leave property as -is or purchase property for a city park; the need to buffer
commercial from residential; the need to have more conservative analysis of a project relative to financial
concerns; and developers should pay for their impacts to infrastructure.
D. Oral testimony neither in favor of nor opposed to this proposal was presented to the Planning and Zoning
Commission by one (1) individual who stated that the Idaho Transportation Department is not opposed to
moving the signal located at Fox Run and Chinden west to the 1/2-mile and that directing traffic to the
signal is more than a desire but a need to safely accommodate the amount of vehicle trips (600 vph) that
may be generated if the site went to "big" retail, a right-in/right-out access to Chinden is a challenge to ITD
— the access can work properly for entering vehicles if the internal circulation is designed to not hinder
traffic yet delays and potential conflicts will be present for trips exiting.
E. Written testimony in favor of this proposal was presented to the PIanning and Zoning Commission by two
(2) individuals who felt that this development is a great opportunity for the strategic growth of the City
relative to the tax base and job growth; and the need to protect this "gateway" into the City from the
encroachment of the City of Meridian; and the dependency on this property being annexed to aid in
completing the Eagle Island Market Place west of this site.
COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN.
The Commission voted 4 to 0 to recommend approval of CPA-7-08 for a change to the land use designation
on the Comprehensive Plan Land Use Map from Public/Semi-Public to Mixed Use with text in the
Comprehensive Plan for the Rim View Planning Area to be amended as provided in their Findings of Fact
and Conclusions of Law document dated November 23, 2009.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
Commissioner Aizpitarte moved and Chairman Tanner seconded to recommend approval of A-05-08 and
RZ-11-08 for an annexation and rezone from RUT (Rural Urban Transition Ada County Designation) to
MU-DA (Mixed Use with a Development Agreement)- Commissioner Aizpitarte and Chairman Tanner
voted in favor of the motion and Commissioners Smith and Roehling voted against the motion.
Commissioner Villegas recused himself from action on this application. Since the vote resulted in a tie and
since no other motion was made, the tie vote resulted in a recommendation for denial.
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In his dissenting vote, Commissioner Smith felt that the project proposed via the development agreement
contradicts the quality of life expectations expressed through the Comprehensive Plan and by the residents
of the area. The development of property within or adjacent to existing neighborhoods is a matter of equity
and exchange — the neighbors have an understanding and high expectation of the goals for the area and the
developer has a high obligation to engage the neighbors to give consideration to these expectations, While
the applicant was very poised and presented the proposal well, there was not enough commitment on
behalf of the applicant to reasonably honor the concerns of the neighbors. Commissioner Smith concluded
that because there has not _been an adequate exchange, i.e. benefit, for the loss that would be experienced
by the neighbors, he could not vote in favor of the development as proposed. In his dissenting vote,
Commissioner Roehling felt that the proposed annexation and zoning of Lot 1, Block 2 of Foxtail
Subdivision, a residential parcel, with the commercial portion of the proposed development would not be
consistent with the intended use and character of the parcel relative to the surrounding parcels.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on December 15, 2009, at which
time public testimony was- taken and the public hearing was continued to January 12, 2010, to allow the
applicant time to meet with the adjacent neighbors. The public hearing was continued to February 9, 2010,
and again to February 23, 2010, where additional limited testimony addressing neighbors concerns was
allowed and the hearing was closed. At this time the City Council scheduled a mediation session for this
item on March 2, 2010, and continued the applications to March 9, 2010, at which time the Council made
their decision.
On February 23, 2010, the City Council ordered mediation and, pursuant to Idaho Code § 67-6510,
directed staff and Council representatives to mediate with the applicant and the affected neighbors and
bring potential changes to the Conditions of Development (to be placed in the development agreement)
back for Council consideration at the March 9, 2010, meeting. On March 2, 2010, a mediation session was
held between the applicant and the affected neighbors regarding the development. (See Mediation
Summary attached hereto and incorporated herein by reference as Exhibit A).
B. Oral testimony in favor of this proposal was presented to the City Council by three (3) individuals (other
than the applicant/representative) who felt that this development allows the city to expand its jurisdictional
boundaries; is a great opportunity for the strategic growth of the City relative to the tax base and job
growth; the need to protect this "Gateway" and the City from the encroachment of the City of Meridian;
the importance of sustainability, mix of uses, and higher densities; the developers know where these types
of developments need to be located, Eagle has required developers to design projects "correctly"; and
Eagle will have the opportunity to control the design of the site rather than another entity.
C. Oral testimony in opposition to this proposal was presented to the City Council, over the course of the
hearings, by ten (10) individuals with concerns regarding increases in traffic and safety issues on heavily
traveled Chinden and Linder Road, as well as impacts on the intersection; the safety and viability of a full
access on Chinden is questionable; the size of the commercial project is too big for the area and does not
meet the intent of the comprehensive plan agreed upon two years ago; the need to maintain the
Comprehensive Plan as it is currently written -- the comprehensive plan has been changed three times
recently; the density is not appropriate for this area; the need to protect the existing neighborhoods and
maintain the rural feel; the project does not: provide proper transition from the proposed development to the
existing uses; claims that the developer has not contacted or satisfactorily maintained communication with
neighbors; the lack of consistent answers from the developers; request to leave property as -is or City
purchase property for a city park; the need to buffer commercial from residential.
D. Written testimony in favor of the proposal was presented to the City Council by three (3) individuals who
are anxious to see the property annexed to allow further development of adjacent properties, the applicant
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has had successful business transactions in the past, and that if the proposal was not approved by Eagle
then the applicant could potentially move the project to one of the other three corners of the intersection of
Chinden and Linder.
E. Written testimony in opposition to this proposal was presented to the City Council by one (1) individual
who felt that certain proposed development conditions, relative to portions of the applicant's latest version
of the development agreement, are onerous and present unacceptable challenges to various agencies
outside the control of the City.
COUNCIL DECISION REGARDING THE COMPREHENSIVE PLAN:
The Council voted 3 to I (Grasser against) to approve CPA-7-08 for a change to the land use designation on
the Comprehensive Plan Land Use Map from Public/Semi-Public to Mixed Use with text in the
Comprehensive Plan for the Rim View Planning Area to be amended as follows, with underlined text to be
added by the Council and strikethrough text to be deleted by the Council:
6.8.7 Rim View Planning Area
A. Uses
The land use and development policies specific to the Rim View PIanning Area include the following:
2. Areas designated as Transitional Residential should have a an average residential density of up to
knit 2-units per acre. Units nay should be clustered to provide for transitional lot sizes to ensure
compatibility of new residential uses to existing residential uses and the commercial and office
uses located at Linder Road and Chinden.
B. Access
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.
Primary access should be on Linder 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.
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 to access commercial and _mixed use/services use aleiig Linder- Read and create cross -
access into adjoining, properties.
Chinden Boulevard should be recognized as a gateway corridor to the City of Eagle and
development should adhere to proper berming, landscaping, and appropriate setbacks set by IT
and the City of Eagle 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
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.
Design of this area should be compatible to the existing residential and eatiem�al uses currently
present in the area and future mixed uses.
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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 effective pedestrian linkages to the mixed use and residential areas
adjacent to the site.
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.
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.
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.
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. New mixed uses should be designed in
a manner that provides a cohesive transition and connectivity between the commercial and
residential uses, incorporating elements that will provide a common and complimentary identity
between 64o two 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.
ID
As this area develops, consideration should be made of the transitory non -farm uses that have been
approved by Ada County which may be nearing the expiration on the open space restrictions.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE:
The Council voted 3 to 1 (Grasser against) to approve A-05-08 and RZ-11-08 for an annexation and rezone
from RUT (Rural Urban Transition - Ada County Designation) to MU-DA (Mixed Use with a
Development Agreement) with the following applicant proposed conditions of development to be placed
within a development agreement with underlined text to be added by the Council and strikethrough text to
be deleted by the Council:
21 Conditions Pree dent Fe Aflne..,defj Applicant hereby consents to the annexation of the
entire Property by Eagle
subject to the following:
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Applieant in b,
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KAPlanning Dept\Ragle Applications\CPAt200MCPA-07-08 & A-05-08 & RZA 1-08 ccf] A)c
2.1.31 Concurrently with adoption of any annexation ordinance affecting the Property,
Eagle shall adopt an ordinance amending the Eagle Zoning Ordinance to zone the Property
to MU-DA (Mixed Use with Development Agreement) and specifically designates this
Agreement as the development agreement governing the Property; and
2.1.42 The Property is contiguous with Eagle's jurisdictional boundary.
attic-e; Eagle shall
take all steps necessary to timely annex the Property into Eagle's corporate limits as set
forth in this Agreement, including, but not limited to, the concurrent publication of an
annexation ordinance and zoning ordinance as provided in Section 2.1.41.
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Applicant consents to annexation and rezone of the property upon
contijzui of the Property with Eagle's jurisdictional boundary within twelve 12 months
of the Effective Date. Applicant's consent to annexation and rezone of the Property hall
continue until annexation and rezoning occurs and the Applicant shall not consent to
annexation to the City of Meridian while this agreement is in effect. In the event the City
does not complete the annexation and rezone within the time f ames twelve 12 months of
the Effective Date, this Agreement shall terminate and shall be null and void unless such
period of time is extended by Applicant at Applicant's sole and absolutediscretionb
providing Eagle notice of such twelve 12 month extension pefiod. Such extension of
time shall be for a minimum of twelve 12 months. Eagle shall take all steps necessaLy to
timely annex and rezone the Property into the corporate limits of Eagle including the
publication of an annexation zoning ordinance(s).
3.1 Golf course operations may continue on the Property, or such portions of the Property, until
Applicant elects to abandon such operations. Nothing in this Agreement shall be construed or interpreted
to limit the use of the Property for a golf course, including present and future appurtenant operations (e.g.,
driving range, retail and restaurant sales in its clubhouse, golf lessons, social events, etc.). Further, nothing
shall be construed or interpreted as limiting or preventing the Applicant from securing, and using
entitlement permits for additional golf course related structures, improvements or operations.
3.2 Nothing in this Agreement shall require Applicant to fulfill its pre -development obligations with
respect to any Use Area until such time as Applicant elects to abandon golf course operations in such Use
Area (as defined in Section 3.6 below); provided, however, Applicant shall not be entitled to pursue
development of any Use Area pursuant to this Agreement until its pre -development obligations with
respect to such Use Area have been completed.
3.3 Eagle hereby acknowledges that the bubble plan shown on the Concept Plan represents
Applicant's concept for the Property. All future development of the Property shall be generally consistent
with the Concept Plan; provided, however, it is the intent of this Agreement to allow flexibility in the
development of a detailed conceptual site plan ("Development Site Plan") and preliminary plat for the
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Property so long as the general intent of the Concept Plan and the conditions and limitations set forth in
this Agreement are met. Applicant shall submit a Development Site Plan outlining future phased
developments as a modification to this Agreement prior to or concurrent with a preliminary plat
application. The Development Site Plan shall provide more detail, including but not limited to, location of
roads within the development, lot layout, lot dimensional standards, setbacks for the commercial and
residential areas, location of commercial buildings, parking areas, primary drive isles, outdoor plaza areas,
location and size of common areas and buffer areas. Eagle shall hold necessary public hearings pursuant to
Eagle City Code notice requirements to address the Development Site Plan and any changes thereafter
proposed to said plan. Upon approval by Eagle, the Development Site Plan shall be attached hereto as
Exhibit C-2 and become a part of this Agreement.
3.4 The uses areas indicated on the Concept Plan (referred to herein as "Use Areas") shall be subject
to the following use, size and/or density limitations:
3.4.1 For the "MU-DA (Commercial) Use Area" consisting of 23.4-acres as indicated on the
Concept Plan, the permitted uses shall be all those that are permitted or conditional uses identified
under the Mixed Use District in Eagle City Code 8-2-3 except for the following uses which are
prohibited:
Cemetery
• Circuses and Carnivals
• Drive in Theater
• Kennel
• Mortuary
Restaurants with drive thru, which use is prohibited in Eagle City Code 8-2-3, shall be permitted
on not more than ten percent (10%) of the MU-DA (Commercial) Use Area (i.e., not to exceed
2.34-acres).
If the permitted and conditional uses in the MU zoning designation are expanded, such expanded
uses shall be allowed as permitted or conditional uses as the case may be. Applicant
acknowledges that certain uses may be restricted by available sewer capacity. The MU-DA
(Commercial) Use Area shall be limited to 210,000 square feet of enclosed building area (i.e.,
enclosed with walls and roof), with no single enclosed building area greater than 120,000 square
feet in size and no structure abutting Chinden Boulevard to exceed 20,000 square feet of enclosed
building area. Applicant shall endeavor to locate the following "target uses" in accordance with
the tarp -et use areas as depicted on the Concept Plan:
• Computer Store
• Book Store
• Restaurants (including drive thru)
• Banks/financial institutions (including drive thru)
• Specialty food stores (not greater than 25,000 sq. ft. of floor area)
• Specialty retailers
• Fitness centers
• Sporting goods stores
• Entertainment centers (i.e., movies, games, miniature golf, etc.)
• Home improvement stores
• Furniture stores
• Retail pharmacies
• Garden centers as secondary use to primary retailer
• Theater
• Feed/seed retail
Page 45 of 55
KAPIanning Dept%Eagle ApplicationslCPA120081CPA-07-08 & A-05-08 & RZ-11-08 cefl.doc
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Page 46 of 55
KAPlanning DeptlEagle ApplicationSlCPAVOOMCPA-07-08 & A-05-08 & RZ-11-08 ccfl.doc
3 4 2 Applicant proposed that the 5.2 acre parcel designated Neighborhood_Business Use Area
indicated as "Neighborhood Business" on the Concept Plan attached hereto as Exhibit C-I be
permitted up to 55,000 square feet of enclosed building area with a broad range of commercial
uses allowed as part of its overall transition planning, in addition to the commercial uses allowed
under Section 3.4.1 hereinabove. Eagle was not comfortable that such additional commercial uses
were appropriate for this area at this time. Therefore, Eagle determined that the 5.2 acre parcel
should be currently designated as a "Residential Use Area", consistent with the provisions of
Section 3 5, with the density and dwelling types as allowed under Section 3.5.1; provided that
Developer be primed the right for a possible future modification of this Development Agreement
through the ordinary Eagle process for Development Agreement Modification so that the
Applicant has another opportunity to demonstrate the appropriateness of Neighborhood Business
Use for this parcel Eagle recognizes that some non-residential uses may well be appropriate for
this 5.2 acre parcel (such as, but not limited to, business and professional offices). Upon the
submission of an application for modification of this Development Agreement, Eagle shall
evaluate the appropriateness of allowing limited commercial uses on the 5.2 acre parcel.
Applicant shall provide the following information with such application: a specific site plan
providing details for the proposed development of the parcel, including location of roads, lot
layout and dimensional standards, setbacks,_ building locations, parking buffer areas and market
conditions Notwithstanding the designation of the 5.2 acre parcel as Neighborhood Business on
the Concept Plan (C-1), the use of that parcel shall be governed by this section, and shall be
Residential Use until and unless this section is modified to allow different uses.
3.5 The "Residential Use Area" consists of approximately 55-42 60.4 acres (inclusive of open space).
The maximum density for the Residential Use Area shall be approximately 2.47 dwelling units per acre
with a maximum of 128-dwelling units, subject to the capacity of the sewer system. Residential uses in the
Residential Use Area shall not require a conditional use permit. Multi -family developments shall be
subject to Design Review approval. Sidewalks and pathways shall be constructed in appropriate locations
to provide pedestrian connectivity throughout the site, which shall be reviewed by Eagle upon the
submittal of a preliminary plat application. The Residential Use Area shall emphasize transitioning with
multi -family and/or patio home dwellings (higher density) adjacent to non-residential development and
single-family dwellings (lower density) located adjacent to existing residential uses. The minimum
required open space shall be comprised of no less than 20% of the total gross land area of the residential
areas provided that those residential areas containing lots greater than 37,000 square feet in size shall be
excluded from the minimum open space calculations. Residential lots are encouraged to be clustered to
provide greater open space areas. Minimum lot sizes and setbacks shall comply with the following for
par-h nra.n aC r1PnintP.rl nn the. C oncetnt Plan. LN ci7eq shall he shown on the Development Site Plan. Any
proposed reduction in setbacks for lots proposed to be smaller than 5,000 square feet in size will require a
modification to this Agreement. Proposed setback reductions, if any, should be submitted concurrently
with submission of the Development Site Plan, and Eagle shall hold any necessary public hearings
pursuant to Eagle City Code notice requirements.
3.5.1 For the Residential Use Areas designated as "Up to Eight Units per Acre", the permitted
uses include single-family dwellings, two-family dwellings and multi -family dwellings as follows:
Minimum -Lot Size: 5,000 square feet
Firnnt .Cpthar.k 15 fppt to livinor nre.n / 9-0 feet to garage
Rear Setback: 15 feet*
Side Setback: 5 feet*
Street Side Setback: 15 feet*
* All multi -family dwelling buildings shall be located a minimum of 20-feet from adjacent dwellings.
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KVIanning DeptTagle ApplicaLions\CPA120081CPA-07-08 & A-05-08 & RZ-I 1-08 ccfI -doc
3.5.2 For the Residential Use Areas designated "Up to Three Units per Acre", the permitted
uses include single-family dwellings and two-family dwellings* as follows:
Minimum Lot Size: 10,000 square feet
Front Setback: 20 feet
Rear Setback: 20 feet
Side Setback: 5 feet (additional 2.5 feet per story)
Street Side Setback: 20 feet
Two-family dwellings may only be permitted in areas directly adjacent to two family dwellings and
multi -family dwellings located within the "Up to 8 Units per Acre" area_
3.5.3 For the Residential Use Areas designated "Up to Two Units per Acre", the permitted
uses include single-family dwellings:
Minimum Lot Size: 17,000 square feet
Front Setback: 25 feet
Rear Setback: 20 feet
Side Setback: 7.5 feet (additional 5 feet per story)
Street Side Setback: 20 feet
3.5.4 For the Residential Use Areas designated "One Unit per Acre", the permitted uses
include single-family dwellings and two-family dwellings:
Minimum Lot Size:
Front Setback:
Rear Setback:
Side Setback:
Street Side Setback:
37,000 square feet*
30 feet
30 feet
15 feet
30 feet
Lots adjacent to the boundaries of the Sandy Court and Winward River Heights
Subdivision shall not be less than 43,560 square feet in size. The minimum lot
size of lots adjacent to the west boundary of Foxtail Subdivision shall be 17,000
square feet, as Applicant is required to construct a 10-feet high berm along such
boundary.
3.6 Eagle shall not issue any development permits except permits related to the golf course and related
operations set forth in Section 3.1 above, for any portion of the MU-DA (Commercial) Use Area orb► U
until Eagle approves the following pre -development obligations
for such use area:
3.6.1 Applicant shall develop and submit landscape guidelines, site design guidelines and
architectural guidelines to govern future phased developments. Such guidelines shall complement
landscaping, site design and architecture of the adjacent Eagle Island Marketplace development,
and shall be genefally consistent with the design intent identified on Exhibit D. Upon review and
approval in accordance with the Design Review procedures set forth in Eagle City Code (which
shall occur prior to the issuance of a zoning certificate or final plat approval in such use area), such
guidelines shall be attached hereto as Exhibit E, Exhibit F and Exhibit G, respectively, and
become a part of this Agreement.
3.6.2 Applicant shall develop and submit conceptual plans for the design, size, location and
future phasing of outdoor plaza areas to facilitate gathering points for users of such area. The
design for the plaza areas shall include items such as seating areas, artwork, fountains,
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K.T[anning DeptTagle ApplicationACPA120081CPA-07-08 & A-05-08 & RZ-i i-08 ccfl.doc
landscaping, drinking fountains, bike racks or similar features designed to establish a common
theme or identity to such areas, and shall be generally consistent with the Development Site Plan
and the design intent identified as Exhibit D. The conceptual plan shall be reviewed and approved
in accordance with Design Review procedures set forth in the Eagle City Code prior to the
issuance of a zoning certificate or final plat approval in such use area. The final design of each
plaza area shall be reviewed concurrently with the review of the associated commercial areas, and
each plaza area shall be constructed concurrently with associated commercial areas.
3.6.3 Applicant shall develop and submit a master signage plan which includes exhibits and
guidelines necessary to achieve a visually coordinated, balanced and appealing signage
environment. The master sign plan shall include monument and wail sign styles, themes, and
locations. It is the intent for the master sign plan to govern all signage within the Use Area in
accordance with Eagle City Code § 8-2A. The master sign plan shall be reviewed and approved in
accordance with the Design Review procedures in Eagle City Code prior to the issuance of a
zoning certificate or final plat approval.
3.6.4 Applicant shall provide for and include a cross access between all commercial lots within
the development. The cross access agreement shall be reviewed and approved by Eagle's city
attorney for both form and content prior to issuance of a zoning certificate. The cross access
agreement shall be executed and recorded prior to the issuance of a zoning certificate.
3.6.5 Applicant shall construct a minimum 6-foot concrete sidewalk along Chinden Boulevard
in a meandering pattern compliant with the Americans with Disabilities Act.
3.6.6 Applicant shall develop and submit a conceptual plan for the design and phasing of (i)
pathways (sidewalks) within the interior parking lots of the M r D A (Neighberheed_P,µv,nory j T se
Area and MU-DA (Commercial) Use Area to provide pedestrian interconnectivity to all portions
of such areas to reduce the need to drive from store to store and to promote enhanced pedestrian
movement; (ii) shelters, "kiosks" pergolas, etc, in appropriate locations to provide refuge and
visual relief to pedestrians traversing the parking lot, and (iii) pedestrian connectivity between
adjacent residential and commercial uses. The conceptual plan shall be generally consistent with
the Development Site Plan and reviewed and approved in accordance with the Design Review
procedures in Eagle City Code prior to the issuance of a zoning certificate or final plat approval.
The final design of each feature area shall be reviewed concurrently with the review of the
associated commercial areas, and each feature area shall be constructed concurrently with
associated commercial areas.
3.7 Except as otherwise provided in this Agreement, all future development of the Property shall
comply with Eagle City Code as it exists in final form at the time this Agreement is recorded. City and
Applicant recognize that having adequate sewer capacity for approved developments is critical to
sustaining orderly and appropriate growth. Accordingly, Eagle shall, pursuant to the goals and objectives
set forth in Section 4.7 of the Eagle Comprehensive PIan, continue to monitor the capacity, planned
expansions and planned improvements of Eagle Sewer District in relation to the land use entitlements
approved by City.
3.8 Prior to submittal of any final plat application for any portion of the Property, such portion of the
Property shall (i) be annexed into Eagle Sewer District's boundaries and shall comply with all applicable
Eagle Sewer District's regulations and conditions, (ii) have been issued any required approval letters from
Idaho Division of Environmental Quality, and/or Central District Health. Further, prior to issuance of a
building permit for any non-residential buildings that are not the subject of a final plat application,
Applicant shall provide proof of adequate sewer service to the proposed habitable buildings by causing a
letter of approval to be provided to Eagle from Eagle Sewer District.
3.9 Concurrently with the recordation of a final plat, or prior to the issuance of a Certificate of
Occupancy for any non-residential building, for any portion of the Property, the Applicant shall record
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KAPlanning Dept\Eagle Applie2tions\CPA120081CPA-07-08 & A-05-08 & RZ-1 1-08 ccfl.doc
conditions, covenants and restrictions ("CC&Rs") against such portion of the Property that contain at least
the following provisions:
• An allocation of responsibility for maintenance, in perpetuity, of all community and privately
owned landscape and amenities;
• Establishment of an architectural control board for all buildings consistent with approvals and
Eagle City Code prior to building permit;
• An allocation of responsibility for the operations and maintenance of the pressurized irrigation
system for the Property.
3.10 Prior to the issuance of any Certificate of Occupancy for any building within any Use Area (except
golf course -related buildings), Applicant will construct such normal and customary phased improvements
and satisfy such normal and customary conditions required by the Ada County Highway District
("ACHD") and the Idaho Transportation Department ("ITD") for such Use Area. In the design of these
improvements, consideration shall be given to US 20/26 corridor studies that have been completed and
applicable Access Management Plans that have been adopted. Eagle supports the continued use of the
existing full commercial access to Chinden Boulevard. These phased improvements include, but are not
limited to, dedication of right-of-way for future road widening, roadway and intersection improvements
commensurate to development traffic impacts, construction of sidewalks along Chinden Boulevard, and
construction of driveways in the Iocations and configurations as determined by the aforementioned entities
or as otherwise may be required herein. The obligations set forth herein are without prejudice or waiver of
any right to compensation from ACHD or ITD for such dedications or improvements required by ACHD
or ITD. Approval letters from these entities approving the design of the required improvements shall be
provided to Eagle prior to the issuance of a Building Permit,
3.11 Due to the high visibility of the Chinden Boulevard, special attention shall be given to the design,
configuration and position of the buildings abutting the roadways consistent with Eagle City Code. The
layout of such buildings shall be generally consistent with the building layout of the adjacent Eagle Island
Marketplace project. Drive aisles should be designed and located to complement the design and layout of
drive aisles in the adjacent Eagle Island Marketplace project. All lots and buildings shall be configured to
screen any and all loading areas and trash enclosures from view as seen from residential uses or public
roadways. Building placement shall be designed such that parking areas are not concentrated between the
buildings and Chinden BIvd. The side of any buildings facing the roadways shall be provided with
architectural design elements and architectural relief, as may be approved by the Eagle Design Review
Board.
3.12 All buildings shall be set back a minimum of 105-feet from the centerline of Chinden Boulevard to
accommodate future corridor widening.
3.13 Internal roadways connecting between any residential and non-residential areas shall be designed
with traffic calming devices to reduce cut -through traffic, to create lower vehicle speeds, to act as a
delineator between dissimilar uses, and to ensure the safety of the pedestrian. Plans showing traffic
calming devices shall be submitted to Eagle and ACHD and/or ITD (pursuant to jurisdictional authority)
for review and approval in conjunction with any proposed development plans or preliminary plat,
whichever may be the case.
3,14 Wilson Properties shall work with the neighbors immediately west of the Foxtail Parcel to locate
vehicular and pedestrian cross access approximately as shown on the Concept Plan. The opening and use
of such cross access requires a (1) mutually acceptable reciprocal easement agreement between the owners,
(ii) Wilson Properties' confirmation that such cross access will not pose access, traffic, safety or other
adverse issues for the Foxtail Parcel or the Fox Run Parcel and (iii) a traffic study showing no adverse
impact on the Foxtail Parcel's commercial access.
3.15 Wilson Properties shall work with the neighbors to the east and west of the north half of the
Foxtail Parcel to coordinate location of not less than one road connection suitable for a future road between
Page 50 of 55
KAPlanning aeptTagle ApplicationslCPAMOMPA-07-08 & A-05-08 & RZ-1 1-08 ccfLdoc
Linder Road and Meridian Road. Such road connection shall be constructed to the roadway classification
and specification required by ACID's Policy Manual for the anticipated traffic volumes. If a collector
road is required, front on housing shall be prohibited, with appropriate buffers incorporated along both
sides of the roadway.
3.16 Applicant shall continue to work with Eagle, ITD, ACHD and other property owners in the
northeast quadrant of the US 20/26 and Linder Road intersection to support interconnectivity with the goal
of fostering internal circulation that will reduce local traffic use of US 20126.
3.17 Applicant shall construct a ten (10) foot high landscaped berm adjacent to the western boundary of
Foxtail Subdivision. Applicant shall be required to landscape the ten (10) foot high berm pursuant to
Eagle City Code Section 8-2A-7(J)(4)(c), The proposed landscape plan shall be reviewed and approved by
the Design Review Board prior to the approval of a final plat application for any development immediately
adjacent to Foxtail Subdivision.
3.18 Any building with a proposed drive-thru shall be designed in such a way as to compliment the
entirety of the Property and if located near residential uses or a public way shall provide a minimum forty-
eight inch (48") grade separated berm and/or screen wall with vegetation adjacent to the drive-thru lanes to
reduce the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and vehicle cueing).
Eagle may place reasonable limits on the hours of operation of all drive-thru uses to ensure compatibility
with adjacent uses.
3.19 Applicant shall provide bus stops or other public transportation mode improvements as may be
required by Eagle or the State RTA. The location and placement of the improvements will be completed in
conjunction with other property owners at the US 20/26 and Linder Road intersection, in cooperation with
ITD, ACHD, Eagle, and the City of Meridian. Applicant will pay its fair share of reasonable costs
proportionately with other developments.
3.20 Deliveries shall be conducted from the hours of 7:00 am to 10:00 pm, all other operations of the
site shall comply with Eagle City Code "Loud Amplification Devices; Noise Ordinance" Section 4-9, or as
thereafter amended.
3.21 All non-residential (commercial) mixed uses shall be subject to dark -sky lighting, or related
Iimitations in compliance with Eagle City Code, as it exists at the time such applications are made, to
address additional conceras that may arise.
3.22 The Property is currently located within the Meridian Fire District and, therefore, Applicant shall
work with the Meridian Fire District for all fire service/protection issues, unless annexed into the Eagle fire
district Service area.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, October 21, 2008, at Foxtail Golf Course (maintenance barn),
6479 N. Fox Run Avenue, Meridian, ID 83646, in compliance with the application submittal requirement of
Eagle City Code. The application for this item was received by the City of Eagle on November 14, 2008;
supplemental information was submitted since that time, The applicant continued to meet with neighbors
during the process to discuss development concerns.
2. Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was published in
the Valley Times in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on May 25, 2009. 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 29, 2009, Requests for agencies' reviews were transmitted on April 30, 2009, in
accordance with the requirements of the Eagle City Code.
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KAPianning Dept\ agle AppIications\CPA1200MCPA-07-08 & A-05-08 & RZ-11-08 ccfLdoc
On July 13, 2009, the Planning and Zoning Commission remanded the applications to staff. Re -notice of
Pubic Hearing on the applications for the Eagle PIanning and Zoning Commission was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City in the Idaho
Statesman on October 3, 2009, and in the Valley Times on October 5, 2009. 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 the Eagle City Code on October 6, 2009. Re -notice of
Pubic Hearing on the applications for the Eagle Planning and Zoning Commission was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code in the Valley
Times on October 26, 2009. 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 October 27, 2009. The site was posted in accordance with the Eagle City Code on
November 3, 2009.
Notice of Public Hearing on the application for the City Council was published in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 30, 2009. 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 November
25, 2009. The site was posted in accordance with the Eagle City Code on December 2, 2009.
3. The Council reviewed the particular facts and circumstances of this proposed comprehensive plan amendment
(CPA-07-08) and based upon the information provided concludes that the proposed comprehensive plan
amendment is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
Understanding that the Comprehensive Plan recognizes that both commercial and residential growth will occur
in the Rim View PIanning Area, the proposed commercial uses are more intensive than previously anticipated
at this intersection. However, utilizing the subject property as a mixed use development may provide adequate
and appropriate transitions necessary to mitigate impacts to the existing larger lot developments to the north
and east of this site.
Further, the sizing of commercial uses to mix with transitional residential uses is beneficial to the site by
limiting the need for residents to directly access Chinden Boulevard (Hwy 20/26), resulting in better internal
trip capture by situating residential uses within walking distance of commercial services. It is also beneficial to
require cross access and local roadway connections to the north and east to allow local trips to circulate north
of US 20126, without having to enter onto the regional roadway network.
4. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone (A-05-08
& RZ-11-08) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and
based upon the information provided concluded that the proposed rezone is in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU-DA (Mixed Use with a development agreement) is
consistent with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map since
the proposed zone will allow for a transitioning of both commercial and residential uses to mitigate
impacts upon existing residential uses from the existing commercial uses and the transportation
corridor (State Highway 20/26). The residential lot sizes will transition from 5,000 square -feet to one
(I) acre (with smaller lots adjacent to the commercial areas and larger adjacent to existing residential)
in size, which provides for a well -planned community that encourages diversity in housing
opportunities and fosters economic vitality.
b. The information provided from the agencies having jurisdiction over the public facilities needed for
this site indicate that adequate public facilities exist, or are expected to be provided, to serve the uses
allowed on this property under the proposed zone and conditions of the development agreement;
c. The proposed MU-DA (Mixed Use with a development agreement) is compatible with the RUT
(Rural -Urban Transition --- Ada County designation) zone and land use (Winward Heights
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KAPlanning DeptlEagle Applications\CPA12008\CPA-07-08 & A-05-08 & RZ-11-08 ccfi.doc
Subdivision) to the north since the applicant will be required to transition the intensity of uses and
residential density as well as develop parcels (Lots) that are to be a minimum of one (1) acre in size
adjacent to that area, and;
d. The proposed MU-DA (Mixed Use with a development agreement) is compatible with the RUT
(Rural -Urban Transition — Ada County designation), R1 (Residential — Ada County designation),
zones and land uses to the east since the applicant will be required to transition the intensity of uses
and residential density as well as construct a ten foot (10') high landscaped buffering berm and
develop parcels (Lots) that are to be a minimum of 17,000 square feet in size adjacent to Foxtail
Subdivision, and-,
e. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with the RUT
(Rural -Urban Transition — Ada County designation) and RI (Residential — Ada County designation)
zones and land use to the west since that area is approved to be developed with commercial uses in a
manner similar to those proposed within this development, and existing residential uses will be
compatible with the residential uses proposed with this development, and;
f. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with Chinden
Boulevard (US 20/26) and the R-1 (Up to one unit per acre one acre) zone and land uses to the south
since a development that is contains a mix of commercial and residential uses tends to capture a
portion of both internal trips and the passing vehicle trips, thereby alleviating some of the congestion
on the adjacent roadway system. In addition, the roadway improvements required with the
development of this property will also contribute to the better traffic -functions of the adjacent
roadways. The properties south of Chinden Boulevard, and located within the City of Meridian's Area
of Impact, are anticipated to be developed with uses in a manner similar to those approved with this
application and development agreement; andThe land proposed for rezone is not located within a
"Hazard Area" and "Special Area" as described within the Comprehensive Plan; and
g. No non -conforming uses are expected to be created with this rezone if the conditions of the
development agreement are fully executed.
5. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone with
development agreement (in lieu of a PUD) (A-05-08/RZ-I1-08) and based upon the information provided
concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The proposed development is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community because;
The intent of the proposed development is to provide a mixed use development with a variety of
commercial uses and residential housing varieties which is a goal of the City of Eagle PUD ordinance.
The location of the residential units in relation to the commercial area will provide goods and services
easily accessible to residents, reduction in vehicle trips and a buffer between the proposed commercial
area and the existing residential subdivisions in the area.
b. The development be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and how such use will not
change the essential character of the same area because;
The development will be harmonious and appropriate in appearance with the proposed development to
be constructed on the adjacent property to the west (Eagle Island Market Place) and will be
appropriately buffered from Foxtail Subdivision to the east. The applicant is also required to provide a
transition utilizing lots a minimum of one (1) acre in size adjacent to Windward River Heights and
Bodily and Bunderson Springs Subdivisions to the north.
c. The development will not be hazardous or disturbing to existing or future neighborhood uses because;
The development will take access from road to be provided from Linder Road (minor arterial) and
Meridian Road (urban collector), and is bordered on the south by State Highway 20/26 (principal
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KIPlanning DeptTagle ApplicationACPAVOOMCPA-07-08 & A-05-08 & RZ-11-08 ccfl.doc
arterial). The applicant is also required to provide appropriate buffering adjacent to Foxtail
Subdivision to the east.
d. The development does not involve uses, activities, processes, materials, equipment, and/or conditions
of operation that will be detrimental to any persons, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors.
This area is designated Mixed Use in the Comprehensive Plan therefore, the City encourages this style
of development for the area.
e. The development will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer, and schools because;
All central services are either available to the site or will be as conditioned herein, as noted within the
letters provided by the agencies having jurisdiction over the site. Development of sewer, water,
drainage, streets, and other urban services will be provided at the developer's expense.
f. The development will' not create excessive additional requirements at public cost for public facilities
and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water, state transportation department or highway
district. Because the developer provides the services in the initial stages of development the public
service providers avoid potential liability and expenses.
g. The development is 'provided with parks, ponds, open areas, areas of special interest, floodplain
preservation, and/or _other special features which would not typically be provided in a non-PUD
proposal because;
The applicant will be required to provide a minimum of twenty percent (20%) open space (as
conditioned herein) and additional lot transitioning and buffering adjacent to the existing subdivisions
in the area. The proposed development will also provide an opportunity for residents to live, work, and
play in the neighborhood.
h. The vehicular approaches to the property are designed to not create an interference with traffic on
surrounding public thoroughfares because;
Access to the development will be from State Highway 20/26 (principal arterial) and from adjacent
properties as they are developed in the future. The development will include stub streets to the adjacent
parcels of this development which will provide intra-neighborhood connectivity upon further
development of said property. The design and construction of the roadways and entrances is guided by
the Ada County Highway District.
L The development will not result in the destruction, loss, or damage of a natural, scenic or historic
feature of major importance because;
There are no known natural, scenic, or historic features of major importance located on the site.
j. The proposed development will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan because;
The proposed development fits well with the Comprehensive Plan since the plan calls for Mixed Use
and will provide a variety of uses to accommodate residents and the general public.
k. The proposed development will be harmonious with and in accordance with the general objectives or
with any specific objective of Eagle City Code Title 8 because;
This application requests approval for a development agreement in lieu of a PUD as outlined in Eagle
{City Code and satisfies those requirements as well as will be required to meet the conditions herein. In
addition, the applicant will be required to provide a detailed development plan prior to submitting an
Page 54 of 55
KAPIanning DeptiEagle AppiicationslCRAl2,oOMPA-07-08 & A-05-08 & RZ-11-08 ccfi.doc
application for a preliminary plat and the applicant will be required to submit an application for design
review and comply with all Eagle City Codes and conditions of approval of the design review.
I. The benefits, combination of various land uses, and interrelationship with the surrounding area for this
proposed development justifies any proposed deviation from any standard district regulations because;
The development provides for a mix of commercial and residential uses in proximity to a principal
arterial and the applicant is required to provide vehicular and pedestrian connectivity to the adjacent
parcels and/or developments.
m. All central services are either available to the site or will be as conditioned herein, as noted within the
letters provided by the agencies having jurisdiction over the site. Development of sewer, water,
drainage, streets, and other urban services will be provided at the developer's expense.
n. The development will not create excessive additional requirements at public cost for public facilities
and services because the facilities and services will be constructed at the expense of the developer as
conditioned herein;
o. All public facilities and services are supplied by the developer and must be approved at the time of
installation and before -acceptance by the sewer, water, or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid potential
liability and expenses.
DATED this I I th day of May 2010.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Michael Huffaker ncil President/Acting Mayor
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Sharon K. Bergmann, Eagle City Cler
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Page 55 of 55
KAPlanning Depffiagle ApplicationACPA000MCPA-07-08 & A-05-08 & RZ-11-08 ccf I.doc
INTER
OFFICE
City of Eagle
Zoning Administration
To:
Mayor Bandy and City Council Members
From:
Jeff T. Lowe, AICP, Planner II
Subject:
CPA-07-08 & A-05-08 & RZ-11-08 — Wilson Properties L.P. and Wilson Holdings LLC,
represented by Gene Shaffer with CSHQA
Date:
December 9, 2009
Attachment(s):
Letter from Don Forrest with Fred Meyer, date stamped by the City on December 9, 2009
Letter (with attachments) from Charles Wilson with Wilson Properties LP, date stamped by
the City on December 9, 2009
Copy To:
City Attorney
File
The applicant has submitted the attached documents for your review.
Page 1 of 1
KAPlanning DeptTagle ApplicationsTPA\2008\CPA-07-08 & A-05-08 & RZ-11-08 cc mel.doc
%ad on your list today?Yod l find It at
FrcNlMeyer
FRED MEYER STORES • P.O. Box 42121 • Portland, OR 97242 0121 •3800 SE 22nd Avenue • Portland, OR 97202-2918.503 232-8844 • http://vNiw.fredmeyer.rom
December 7, 2009
Mayor Phil Bandy
City of Eagle City Council
P.O. Box 1520
Eagle, ID 83616
RE: Flearing Procedul'eS,
Applications CPA-07-08/A-05-08/RZ-1 1-09;
Wilson Properties (Foxtail)
Dear Mayor Bandy and Council Members:
RECEIVED & FILED
CITY OF EAGLE
DEC 0 9 2009
File:
Route to:
I ani writing a letter in support of Wilson Properties and Capital Developinent
Applications for Annexation, Rezone, and Comprehensive Plan Amelndments. I have
appreciated the opportunity to work closely with the applicants and the City of Eagle, in
conjunction with the existing approvals for Fred Meyer and the Eagle Island Market Place.
Our devel.opnlent timeline goals are somewhat dependant on Wilson Properties and
others ability to effect annexation and we are anxious to have diem annexed into Eagle and
make possible the completion of the annexation of our project, and to make the final
development of Eagle Island Market Place a reality.
Thank you for your time and consideration. Please feel free to contact the Undersigned
directly with any questions or comments in this regard.
Sincerely,
ti I+red Meyer Stores, 1IIC.
Don E. Forrest
Site Acquisition Manager
Direct — (503) 797-31.17
cc: Michael Huffaker, Council Member
Norm Semanko, Council Member
AI Slioushtariari, COMICil Member
Jeanne Jackson -Heim, Council Member
William E. Vaughan, Zoning Administrator
Susan Buxton, City Attorney
"Always strive to offer Customers the service, selection, quality and Price that satisfies them best" Fred G. Meyer, Founder, 1886-1978-a w
WILSON PROPERTIES L.P.
Since 1955
P. O. Box 2793 • Boise, Idaho 83701
1101 W. River St., Ste. 150 • Boise, Idaho 83702
Phone (208) 424-9322 • Fax (208) 424-9020
December 8, 2009
Pam Golden
Idaho Department of Transportation
District 3
P.O. Box 8028
Boise, ID 83707-2028
Re: Foxtail Golf Course Access
Dear Pam:
BROEI V�L1--.."--�).�
�1L
ClTY OF RAGLE
DEC 0 9 2009
File:
Route to:
I write this letter on behalf of my development team and myself regarding the Foxtail
Golf Course applications now before the City of Eagle for annexation, Comprehensive Plan
amendment, and rezone. I am writing to first convey my appreciation for your assistance in the
preliminary discussions of access of the Foxtail site, and secondly to assure you of our
commitment to achieving the most positive and future sensitive solution for traffic in this area.
As you will recall, my team has worked from the onset of our project to incorporate the
long range goals of the Department, ACHD and the surrounding communities regarding
transportation issues. These concepts have included connection to the signal at the "half mile,"
and interconnectivity of properties through a frontage road system.
City approval, and more recent ITD approvals for Eagle Island Marketplace have
eliminated a frontage road solution for access today. Further, our Foxtail Subdivision neighbors
have strong resistance to any connection to the signal at the "half mile," due to potential impact
of traffic passing through the residential area. Consequently, the existing commercial access to
Foxtail Golf Course is the critical access for our project. Without that access, the project cannot
succeed.
We realize the complexity of these issues. As you and our traffic engineers have pointed
out, there are traffic management alternatives that can accomplish the goals for level of service
and restriction of access to best preserve the transportation corridor, and still allow the critical
access to our property. We hope to work with ITD to achieve these goals.
Compass, ACHD, ITD and the cities have long-range goals for the 20/26 corridor. So
that others, who are not as informed as you, may have some history, we are enclosing several
Pam Golden
December 8, 2009
Page 2
exhibits to show existing conditions, optimum build -out, and interim highway improvements that
will be provided by the proposed development.
Our commitment is further evidenced by provisions in the Development Agreement for
the Foxtail property currently proposed to the City of Eagle. Section 3.16 of that proposed
Agreement provides as follows:
"The Applicant shall continue to work with the City of Eagle, ITD, ACHD
and other property owners in the northeast quadrant of the U.S. 20/26 and Linder
Road intersection to support interconnectivity with the goal of fostering internal
circulation that will reduce local traffic use of U.S. 20/26.
We look forward to working with you and other ITD staff to achieve the best access for
this quadrant while preserving the corridor for long term transportation needs.
In the spirit of cooperation, we would like to schedule a meeting with you to continue our
previous efforts to find a viable solution for this corridor while preserving our critical access.
Sincerely,
l �
Charles H. Wilson
Wilson Properties, LP and
Wilson Holdings, LLC
Enclosures
726728_1
cc: Mayor Phil Bandy
Eagle City Council
Roger Cantlon
Bob Banks
Gene Shaffer
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INTER City of Eagle
Zoning Administration
arglfl.F
V■ ' --
To: Mayor Bandy and City Council Members
From:
Jeff T. Lowe, AICP, Planner II s LLC,
- 8 & A-OS-08 & RZ-11-08 —Wilson Properties L.P. and Wilson Holding
Subject: CPA-07 0
represented by Gene Shaffer with CSHQA
Date: January 6, 2010
Attachment(s): N/A
Copy To: File
uested to continue the public hearing for this item to January 26, 2010.
The applicant has req
page 1 of 1
K.\Planning DeptTagle Applications\CPA\2008\CPA-07-O8 & A-05-08 & 11-08 cc me2.doc
INTER
OFFICE
City of Eagle
Zoning Administration
To: Mayor Bandy and City Council
From: Michael Williams, PLED, Planner II
`1
Subject: CPA-07-08/A-05-08/RZ-11-08 — Comprehensive Plan Map and Text
Amendment from Public/Semi-Public and Transitional Residential to Mixed
Use and an Annexation and Rezone from RUT (Rural -Urban Transition -Ada
County Designation) to MU-DA (Mixed Use with a development agreement)
for Wilson Properties, L.P., and Wilson Holding, LLC, represented by Gene
Shaffer with CSHQA
A-04-09/RZ-04-09 — Annexation and Rezone from RUT (Rural -Urban
Transition -Ada County Designation) to MU-DA (Mixed Use with a
development agreement) for Capital Development, Inc., represented by Dave
Yorgason
Attachment(s): "Applicant's Memorandum of Support and Rebuttal to Opposition', date
stamped by the City on February 2, 2010
Applicant proposed development agreement (showing changes from the
applicant's version submitted August 26, 2006), date stamped by the City on
February 3, 2010
Applicant proposed development agreement (clean version), date stamped by
the City on February 3, 2010
Copy to: CSHQA, Attn: Gene Shaffer, 250 S. Fifth Street, Boise, ID 83702
Capital Development, Inc., Attn: Dave Yorgason, 6200 North Meeker Place,
Boise, ID 83713
The applicant's have submitted a memorandum of support and rebuttal to opposition document
for your review.
The Wilson team has also submitted a revised development agreement associated with the Wilson
properties. Staff has not had the opportunity to review the revisions and will be prepared to
address any concerns during the meeting.
Capital Development, Inc, is requesting that the calculation for required open space exclude the
residential area containing lots required to be one (1) acre in size. Pursuant to Eagle City Code
Pagel of 2
K:\Planning Dept\Eagle Applications\RZ&A\2009W-04-09 & RZ-04-09 me5 Yorgason.doc
there is no open space requirement for a subdivision with an R-1 (residential — up to one (1) unit
per acre) zoning designation. With this request adequate open space would be provided for the
remainder of the residential areas and would allow for the applicant to increase the number of
medium/larger lots while reducing the number of patio home lots to provide a more gradual
transition of lots sizes to the adjacent existing subdivisions. Staff recommends that the proposed
Condition of Development to be placed in the Capital Development, Inc., development agreement
be changed to read as follows:
3.8.2.3 The minimum required open space shall be comprised of no less than 20% of
the total gross land area of the residential areas; those residential areas
containing lots greater than 37,000 square feet in size shall be excluded from
the calculations for the required amount of open space for the overall site.
Sidewalks and pathways shall be constructed in appropriate locations to
provide pedestrian connectivity throughout the site, subject to review upon the
submittal of a preliminary plat application.
Page 2 of 2
KVIanning Dept\Eagle App1icat1ons\RZ&A\2009\A-04-09 & RZ-04-09 me5 Yorgason.doc
APPLICANTS' MEMORANDUM OF SUPPORT
.1 0
REBUTTAL TO OPPOSITION
To: Mayor Phil Bandy and the Members of the City of Eagle City Council
From: Bob Banks
RECEIVED & FILED
CITY OF EAGLE
FEB 0 2 2010
File:
Route to:
CC: Chairman Gary Tanner, Charles Wilson, Roger Cantlon, Gene Shaffer, Don Knickrehm
Re: Wilson Properties, LP and Wilson Holdings, LLC Applications CPA-07-08, A-05-08 and
RZ-11-08 (hereinafter "Wilson")
Capital Development, Inc. Applications A-04-09 and RZ04-09 (hereinafter "Yorgason")
INTRODUCTION
Wilson and Yorgason, respectfully present this Memorandum of Support to assist the
Council in understanding the facts and issues, and to assist the Council in making the appropriate
decisions for the city of Eagle on the above referenced pending Applications.
The Wilson Applications were originally filed in October, 2008. The Yorgason
Applications were filed in April, 2009. Wilson and Yorgason have worked together to
coordinate their planning and their Applications, and in order to maximize this unique
opportunity to Master Plan a significant land area that can be annexed into the City of Eagle.
Beginning with the Eagle Island Marketplace process in 2008, Wilson and Yorgason
have had extensive contacts and meetings with the neighbors surrounding the project area, major
land owners at the intersection, ITD, other government agencies, community leaders, and with
the City Planning Staff. We recognize those facts and the extraordinary and unique
circumstances of being able to master plan a large land area while replacing Eagle's vision for a
regional entryway, which was lost when Meridian annexed the Black Cat area of impact.
Consider the following:
(1) Staff action and hearings have been substantially delayed from the dates of the
original Applications;
(2) There have been extensive meetings, discussions and compromise between the
interested parties regarding the Applications and the concepts presented. This process included
meetings between Yorgason and Wilson and the neighbors to the subject property, and between
Yorgason and Wilson and the City Planning Staff, and between the Yorgason and Wilson and
other interested parties (e.g. the Eagle Chamber of Commerce, and the Idaho Transportation
Department); and
(3) Perhaps most uniquely and importantly there has been a change in the composition of
the Council since the initial public hearing in December and the majority of the testimony was
presented.
These are indeed unique circumstances, and in this context, and given the complexity of
the matters before the Council and the volumes of testimony and evidence presented, it is
appropriate for Yorgason and Wilson to present a summary of the critical information regarding
the Yorgason and Wilson proposals and the process that has occurred, as well as a rebuttal of
opposition points.
PROPOSED COMP PLAN CHANGES
Planning and Zoning unanimously recommended the Comp Plan Change. Residents
alleged that the City's current Comp Plan change process is inappropriate to use for these
proposals. We disagree. Comprehensive plans are not written in stone. They are evolving
concepts and plans that change to take advantage for the community of changing times. There
are five solid significant changes that justify accepting the Planning and Zoning recommendation
to finish. They are:
1. Stated goals of the current Comprehensive Plan include the need for a sustainable city
(establish a broader tax base, which comes with business uses), encourage more jobs
(from new businesses) and provide more diverse selections of residential options.
2. Site is a regional gateway location.
3. It is an opportunity for Eagle to Master Plan a large tract of land.
4. It is an opportunity for Eagle to annex the remaining quadrant of this intersection.
5. The lot size trend is significantly smaller than the current Comp Plan would indicate.
The Applications and proposals before you are entirely consistent with those
comprehensive plan provisions, if one extrapolates into the future (as we must). Without
flexibility to take advantage of opportunities as they arise, many great projects would be missed
by the City of Eagle such as Camille Beckman.
TRAFFIC
Traffic on Linder Road and Highway 20/26 is a problem today without the proposed
development. Traffic is not a problem caused by the Yorgason and Wilson properties nor Eagle
Island Marketplace. These proposed developments would significantly mitigate the congestion
in the area by improving and upgrading the intersections and roadways along their frontages and
creating internal connectivity (by roads and pedestrian pathways) to the residential uses.
Commercial uses at peak hours can actually capture more traffic from the existing traffic
volumes than they add, thereby reducing the impact to the surrounding road system. If these
developments are denied or delayed, the traffic congestion will not be improved until ITD and
ACHD obtain funding and are able to schedule rebuilding the intersections and roadways.
2
Most importantly to the City, the developers of those respective properties will be paying
for the improvements along 20/26, Linder and Meridian Roads now .... not the City.
If the residential position of the proposed development were, in fact, developed only as
one to five acre lots, the traffic impact of that less dense development (versus the proposed
development) would be immeasurably small. It would not make a significant difference to the
traffic load on Chinden. The reason is simple. The traffic on Linder and Chinden is flowing to
and from surrounding developments and beyond. Highway 20/26 and Linder are classified by
the transportation authorities as a regional hub. As those developments and rooftops increase,
the traffic will increase. Please remember, each new dwelling unit built, of course, generates
traffic impact fees paid to offset these impacts.
Similarly, the development of the commercial portion of the project will not have a
significant impact on traffic. In fact, the commercial portion of the project may improve traffic
conditions, because of (1) system improvements made to and adjacent to the intersection by
developers; and (2) trip capture. It is an undisputable fact that current and future residents of the
area (and beyond) will travel on the roadways to shop. To the extent access to a regional
shopping center as proposed shortens and "captures" trips, traffic problems will be alleviated. It
is also true that the proposed regional shopping center will generate some new or additional trips.
However, the net traffic impact is expected to be minimal.
That traffic is a problem in Chinden and Linder is undeniable. That the proposed
development will have a substantial or material affect on that traffic is simply not true. A classic
example offering evidence of this assertion is found in the Wal-Mart development at the
intersection of State Street and Glenwood. Opponents to that project projected a significant
deterioration of traffic flows and increase in traffic from the Wal-Mart development at that
intersection (which at the time was operating at an LOS of near "F" as calculated by ACHD). In
fact, the combination of intersection improvements and trip capture at peak hours that resulted
from the Wal-Mart development at that intersection resulted in improved traffic flow and
improved LOS at the intersection. The same will inevitably occur in the case of the
Chinden/Linder intersection.
Is traffic a problem on Chinden and Linder? Yes! Is that problem caused by or will it be
exacerbated by the proposed development? We think not. Traffic is, ultimately, a function of
rooftops, not commercial development. Don't throw the baby out with the bath water.
COMPROMISES
During presentation to the City Council on Dec 15th, 2009, it became apparent that
compromise with neighbors and staff was highly valued. The perception at the council meeting
appeared to be that there had been few contacts with either. The reality is that there have been
huge amounts of communications with both as well as significant changes adopted into the
projects.
1. First major compromise: bringing the project to Eagle, instead of Meridian. F oxtail
Golf Course along with many of the county residents in this area actually have Meridian
addresses today. Meridian tends to adopt higher densities in residential and commercial, has a
larger sewer capacity and an easier development environment. In spite of the advantages of
3
presenting this project to Meridian first, it was presented to Eagle because of commitments by
Wilson to Eagle citizens.
2. Second major r compromise: elimination of the frontage road. Wilson worked with
ITD, ACHD, adjoining land owners and the Eagle City Staff to implement the Compass Plan
including the frontage road. We spent over $250,000 and months meeting with all interested
parties to develop a frontage road system. Which, to our disappointment, was eliminated during
the last evening of approvals for Eagle Island Marketplace. Today the frontage road system is no
longer an alternative, the backage road alternative is gone and Foxtail has only one main access.
3. Third major compromise: elimination of the five acre parcel from neighborhood
business. This was done at the request of Foxtail Home Owners Association representatives and
to address a major concern raised by Commissioner Roehling.
4. Fourth major compromise: inclusion of requirements in the Development Agreement
to continue to work on interconnectivity with our projects and neighboring parcels as requested
by ITD. So long as we are able to maintain our primary access where it currently exists at
Foxtail, we have agreed to work in good faith on interconnectivity. We will need council
support and staff s participation to achieve this goal.
5. Fifth major compromise: addressing neighbors' concerns with multiple
communications and changes. Contrary to some public testimony, Wilson and Yorgason have
attempted to contact and meet with many of the neighbors. Each neighbor within 300 feet of the
properties has been sent a minimum of three (3) written invitations to public neighborhood
meetings. There have been more neighbor and neighborhood group meetings for this project, by
a substantial margin, than in any project that either the Yorgason team or the Wilson team have
ever experienced (and that covers a lot of experience). Attached hereto as Exhibit "A" is a
spreadsheet prepared by Yorgason, which details some (but certainly not all) of the contacts,
meetings and discussions. Also attached hereto, as Exhibit "B" is a memo from Dave Yorgason
to Mike Williams, with accompanying maps, which details some of the discussions and
compromises with the Foxtail Subdivision neighbors.
Since the "Facts, Findings, and Conclusions of Law" presented at P&Z , we have made
additional meaningful changes to the plans based upon the commissioners' and neighbors' input.
With regard to the Foxtail neighbors, we:
A. Removed all commercial from the five acre Foxtail lot,
B. Added substantial additional berming and screening on a strip of land 1/4 mile long by
50 feet wide by 10 feet tall,
C. Altered the road system to the north using a cul-de-sac to minimize traffic passing
through Foxtail Subdivision.
D. Eliminated some commercial from the Yorgason parcel east of Foxtail Subdivision=
We have not satisfied all of the neighbors, but we have certainly communicated in good
faith with those that we could find who were willing to talk.
4
Yorgason and Wilson have had numerous conversations with the neighbors to the north.
For some, nothing will satisfy them, except not allowing any development of the Wilson and
Yorgason properties or only allowing development as one to five acres lots. Such development
is no longer economically viable in this area. We have compromised by moving the vision for a
regional center at Black Cat to this corner without the R-15 (15 units per acre) density proposed
at Black Cat. Instead, our projects have the lots next to the homes on the north adjacent to River
Heights and north and east of Foxtail Subdivision all at a minimum of one unit per acre,
transitioning in increasing density to patio homes adjacent to the commercial resulting in a less
dense residential component of the project.
The fact is, that by placing one -acre lots adjacent to the neighbors to the north and Foxtail
Subdivision, and by the tiered density proposed in the development, those neighbors are well
buffered and protected. This tiered density also provides significant sound buffering from
Highway 20/26. That is all that should be required.
This proposed development does not otherwise burden the residents to the north. That
they would prefer the area not change is undeniable and understandable. But it is neither
reasonable nor realistic. The area has already substantially changed. The Yorgason and Wilson
proposed development addresses the changes that have already occurred, and offers reasonable
and beneficial buffering and screening to the neighbors to the north. Ultimately, when the
Yorgason and Wilson proposed project is completed, the neighbors to the north and Foxtail
Subdivision will have excellent screening and buffering from Chinden Boulevard, and the
commercial development, convenient nearby shopping reducing their travel and driving
requirements, and increased property values.
Change can be threatening, but ultimately, and in this case, it will be beneficial.
6. Sixth major compromise: addressing Staff s concerns with multiple communications
and some compromise.
The current national economic crisis highlights that the real estate market has been out of
control in several different ways resulting in failed projects and many vacancies. This is not only
a concern for us but for the City of Eagle as well. Neither of us wants a failed project.
With regard to the City's Planning Staff, it is important to note that Staff reported and
recommended approval of both Applications. The only area of significant disagreement between
Staff and Yorgason and Wilson was (and is) on the question of what amount of commercial
square footage should be approved and the size of the buildings.
Yorgason and Wilson have worked tirelessly to seek input from and to address the
concerns of the Staff with regard to the Applications. There were a number of communications
and meetings between representatives of the Wilson team and Staff during the period from the
filing of the Application in October 2008, through June 1, 2009, which focused primarily on the
provisions and text of the proposed Development Agreement. For example, Gene Shaffer,
Project Architect, had over three dozen contacts and/or meetings with Staff. The contacts,
discussions and meetings intensified beginning June 1, 2009.
5
Just between June I, 2009, and the middle of October, 2009, there were thirty-four (34)
logged telephone discussions, written exchanges and meetings on the subject of the provisions of
the Development Agreement. Only six (6) of those focused in any regard on the issue of the
appropriate amount of square footage and building sizes. For most of the process, the issue of
how much commercial square footage is appropriate or the building sizes was not a subject of
discussion. In fact the Wilson team thought the Development Agreement, as negotiated, was
acceptable in May of 2009.
In fact, the subject of square footage was first raised by Staff on June 23, 2009, and only
became the focus of the discussion on the amount of square footage on September 24, 2009.
Other issues, mostly mutually resolved, were the focus of much of the discussions. Once the
issue of the appropriate amount of square footage surfaced at the end of June 2009, Wilson
pushed back arguing the proposed square footage was appropriate. Staff directed Wilson to
provide an additional "Market Analysis". This analysis was to be an economic study to confirm
the market would support the square footage of commercial proposed by Wilson.
This requirement issued by Staff was clearly focused on the "economic viability" issue.
In response, Wilson retained ROIC Analytics, LLC to do the study. ROIC Analytics is one of
the two (only 2) nationally recognized economic consultants in this field, in the NW region. The
ROIC Analytics study (which has been provided to Council) clearly establishes the economic
viability of the project, and provides direction in terms of likely tenant mix.
The Staff response to the ROIC Analytics study (delivered July 27, 2009) was that it was
too complex, and Staff needed an outside expert to advise them on the study (which Wilson was
required to pay for). The City (Staff) hired Dr. Don C. Reading to do the "peer review" of the
ROIC Analytics study; Dr. Reading completed his report September 10, 2009 (two weeks later
than promised). Dr. Reading's curriculum vitae makes it clear he is an expert in the areas of
utilities rates and regulations, hydropower and governmental income/tax revenue projections.
We see no evidence of his experience or expertise in the area of retail commerce, or commercial
development.
It has been suggested by Staff that Dr. Reading's report suggests the commercial center is
not economically viable. We disagree. It clearly does no such thing. A careful reading of Dr.
Reading's report indicates he disputes how quickly growth will occur in the region, but
recognizes specifically the viability of the proposed location for a regional shopping center. We
have clear answers in regard to the "when" to build this. Because the Foxtail Golf Course covers
the land carry cost, we don't have to develop now. We will simply phase the development on the
golf course as tenants appropriate to Eagle and limited by the Development Agreement become
available.
It is critical to recognize Wilson has not proposed and will not build "spec space" for
major tenants. Wilson will proceed with the development and construction of the shopping
center when the market and the tenants tell Wilson it's time, and not before. That is why the
approval provided in the Development Agreement is conceptual, and a final detailed plan will be
presented when the market is ready, and major tenants are identified. Then and only then will a
detailed plan be brought forth; subjected to public scrutiny, hearings, and your approval. After
that approval, the buildings will be constructed and occupied. Wilson believes and ROIC tell us
this will be sooner, while Dr. Reading suggests it will be later, but neither ROIC or Dr. Reading
suggests it will not or should not occur.
Ultimately, Staff s opposition to the proposed amount of square footage comes down to
this: Staff feels the prior visionary process undergone by the City, resulting in the evolution of
the Eagle Comprehensive Plan (most recent version, 2009), give Staff clear policy direction on
what kind and amount of commercial should be allowed to be developed in this Rim View
Planning Area.
Staff takes the position that their policy direction from the City is embodied in the current
Comprehensive Plan, which, as Staff reads it, limits "Commercial" in this area to a maximum of
40 acres at the northeast corner of Chinden and Linder. Staff focuses specifically on
Comprehensive Plan Section 6.8.7.A.I ("A forty acres commercial area located at the northeast
comer of the intersection of Chinden Boulevard and Eagle Road ...").
Since Eagle Island Marketplace modified the Comp Plan from a nominal amount of
commercial square footage to more of a Black Cat regional center and has obtained approval for
40 acres of commercial, Staff s view is that substantial additional commercial square footage is
simply "too much," and is outside of, and in excess of, what is provided by the Comprehensive
Plan. Staff states (and we agree) that if this is City policy (as they believe it currently is) then
any change must come from the Council. On that point, we agree.
Changes in City policy should only be made by City Council. Staff member Jeff Lowe
has said (to us and to Council) it comes down to vision. Clearly Staff s vision is different from
Wilson's vision, and we are asking Council to adopt our vision, which is ultimately consistent
with the spirit of the current Comprehensive Plan.
As a consequence of the compromise removing the five -acre parcel, the amount of
neighborhood business square footage would be reduced from 70,000 to 55,000 square feet.
Staff is also, secondarily (as set forth in the Staff report), very concerned with the
proposed commercial development in the other quadrants of this intersection. They correctly
point out that if all of the commercial proposed for the other three corners of this intersection
proceed to development, there will be 1,600,000 square feet of commercial development at this
intersection.
The reality is different. It is clear the northeast corner of this intersection is the preferred
retail commercial location by tenants. When approved by Eagle or Meridian, the northeast
corner will be selected first by most retailers simply because it is "on the going home side" for
both Chinden and Linder. It is the only quadrant of the intersection with a committed major
tenant — Fred Meyer. The other three corners will lag significantly, and it is highly unlikely that
all of the potential commercial will ultimately develop. In any event, it seems unreasonable to
allow Meridian's zoning approvals to dictate Eagle's future when Eagle has the opportunity to
actually control its own destiny.
The only basis for Staff s conclusion that Wilson's proposed commercial square footage
is "too much" is the existing Comprehensive Plan direction. We have proposed amending the
7
Comprehensive Plan and it has been recommended for approval unanimously by Eagle Planning
and Zoning.
An equally large concern to Wilson is the proposed building sizes by Staff. Staff
recommends that buildings be limited to 15,000 square feet or less. They also have emphasized
the need for this project to not compete with downtown Eagle. In fact, at Staff s request, ROIC
did a supplement to their study analyzing the potential impact on downtown Eagle. ROIC
concluded that this project as proposed by Wilson, would have little affect and potentially a
positive effect by keeping shoppers in the Eagle community. Wilson is confused by Staff s
recommendation on the 155000 sq. ft. building size because those buildings could only be "spec
buildings" comparable to and in competition with the buildings in downtown Eagle, east of City
Hall.
Most of the potential major national tenants identified in ROIC's work for this project do
not occupy buildings of 15,000 square feet or less. Therefore, if Staff s building size
recommendation were adopted and built it would compete directly with downtown. Wilson is
unwilling to build those kinds of buildings at this location because we are convinced they would
fail and would most likely sit vacant.
In this economic time and competitive environment to capture sustainable development,
we are finding many cities across the country are offering economic incentives to entice major
tenants and/or developers to locate in their cities. We are asking for no contributions from Eagle
but simply the reasonable facilitation of our project. In fact the combined projects would
generate over $230,000 to the City in annual taxes. Nearly $80,000 of the $230,000 annual taxes
would come soon after the Fred Meyer is constructed. Additionally, considerable one-time fees
of approximately $2,000,000 will be paid to the City, which will cover Staff costs of plan
reviews and processing permits.
At full build -out, the annual additional taxes of $230,000 to the City of Eagle will
increase current city revenue by 9 percent.
CONCLUSION
All parties agree that no one wants a failed project. In order for Wilson and Yorgason to
have confidence that it will deliver a successful project, it needs the following incorporated into
the City approvals:
1. The main access to the commercial development is critical to its success. That access
is the current commercial access to Foxtail Golf Course. We need strong City support for this
main access.
2. The existing sewer capacity is adequate for the master planned development of this
quadrant. This development area is at the end of the sewer line, and therefore, certain uses
would be incompatible with the fulfillment of the proposed master plan and preclude it from
occurring. One example is a work out facility would directly compete with residential
development sewer capacity needs, while most other commercial does not. The City along with
everyone else in this quadrant needs to work together to appropriately utilize the sewer capacity.
8
3. We need the City to adopt Yorgason and Wilson's proposed building sizes as well as
the densities for residential and commercial as reflected in the Wilson and Yorgason proposed
Development Agreements.
4. City Council support for directing Staff to work with all the parties of the quadrant to
address issues like traffic, minor site plan modifications, landscaping and berming; to integrate
and coordinate all of the various projects into a master planned community.
These concepts needed for successful development are incorporated into the revised
Development Agreement presented with this rebuttal.
Therefore, Yorgason and Wilson ask the City of Eagle to approve the Comprehensive
Plan Map and Text Amendment, Annexations, Rezones to MU-DA and the Development
Agreements, as presented.
Robert K. Banks
Representative of Wilson and Yorgason
By:
Don Knickrehm
9
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ii?B$'i c`.. , , ptember3V,"20V0
Deat,Priapeit}r C7ti��ale:r,
Our clie.►it; Wilson.Propetties, L.P .ati Idaho litnited.11arfttership and'fiee si>! p!. - owner of the Foxta l Golf tnurse,
is :'pplying fnr arroexation acid re Qiting cif said "firapt�i t}� into the City OP Engle; Idaho. Tliis nizi lin is intended to
bc�tli notify y i! of grid invite you tti" ti.:hTETC"H�OR°H�?ni7 NIEli�1`i'1:NC;� 'to disciiss thececliiesteci land use
cfesigraztc)a1s..
The meefing" ,3 ifl_ he .lie[c! on T�tescl 3x, C3ct{zber 21., 2008 at t1je f-oxta. 1 Coif s Niaintenailce BEjni ai- W9 lV. FOx.
Run Avea)tre, lVCer tliail, Idaho 83646.
the meeting vviil,.bc-held betwet1n.tllie hours of six o'clock
a.nil eight o'clolck (8:0it) :P.M.. ,'l presentation ot, the aplilicat'ion retjt est.: - ll oeciar Alt sil411irt. (6:36) PM with
(I"Psfions wid.answer5 to_ 6ilow,
}'oU canTlot attend a1id w bid like to cUntrtbalte � 3ritten rl1ptlt, lai silppCzrl a Or n1 bb* xit1on tci, please iiiail said
c c)rre po �dEnce to CSF Q,A, 5-0 Sotlth j'#' St"root, Rpise, Idaho, �37020 - letter res;-irdifig th!'s aliplic:ttiotl -vi.11
be attached `with the Written Verlf=icai`io1i and �.ist:Of`Attendees and sttklnUtted to the city Ice of Rule Pial111! �� 4144
Zoii itg.
IfYOU Have ally.q.itestiorls, ii not hesitate to call (?0 ) 42S14012.
Sti.M ARv
Wilson Prolierties I.P., is. a:pplyitl� for a nnex4tion and rezoning; ufi 'khe Yoxtail C;:nV C`ut><rsc
pr&Oert.y. nto thc° City of Eagle; Idaho. This land use action is bring socight i1� �ovperaticin with tile.
Chit} to e ffd'c a pile of a+uric atioii for t11e propnsed 1✓a*gfe Island Marketplae' Bich is being
Separately developed on the SW C rller cif l.:inder Road and Chinde l 13i.�?liti�, J `20/?.b. (=o'Xtail
UolfTs. present irltealtion Is to cunt azue its commercial operation as a recreational use rc>l aty while
c11aa1 *in ; the zoning to the :CitYs Mixed Use zone colic �rre;ntly %vitii =uu�e_xatic�lt. tlito "the Cite 01"
r agltr. The IViixed Use zoning rill Have t I e (3) overlays, Which ii'Ch ie Ri✓sideitti it (abiattirt
g.
existing,resideutial), Nei4hbc�rl7.00il 13itsitiess kI d llighwayC:camnle.rci�rl zones. il,e currelit.Colrnt}F
Loll ltl: fo"r tl1C propertl`- is f LiT RtlraIrUrban Transitiati Celle ("80 ae es) and R 1 Estate. Residentla.l
Z046 O z1C>rCS").
Whereas"tlie preseilt -land use is transitor}-41-fe to the Change" bY it" ne&afion.into'EaRle and the local
plar tiiiig:area is de6bed ins tllo Tast:560diwest corner and le .ioil.al cointiaetelal gateway lllt6 the C tty
of Ea le the .regticst d land useii 11 ix d Use, is liein� soilg[1t to -allow a'cohesiv'e ilitegrati'oii of
permitted -cot lInercial used. vv.,bile rYaairlfai.ning sensitivity to an bd-fering of xistiltgtial
propertitn with complimentary de v-.1opment.
I`l}is ]rind use a :10h is joizl rtl with the goats and ititeittioa s of the C itv Of.F4igie `to ai ccirrlpl sly an
integrated ,mixed usetransition zonewhich incorporates res dent: at with commercial tries.
1�4'ilscin'S Ultatl)att t�,.i al is to et117aitCO the -Pir'OpertY value. a€td.ae.sthetacs'of the not
}tl7orllooct tllt'ou h
000perative� planking that reflects the Icing- .rail, pf�ans' desired by th.e- Cite of F.,a�laj, N4ore:.
unporta ITLY, Wilson Properties »°ill strive xvi h all respoi deitt neigllbCirs to. protect their Present
pe',.pie vv.L o. srnr •`y1R I'3 'l at s r7 . ... ..w .. - ''°
Written Notice:
PrOpertyr OWii-ers
Septeiiiber 30,.:2008
Page 2 0f3.
anibiai3ce and e istitag uses With tiufferitig..and screcr itig t:lirotrgla cooperative: planning of VieXv
corridors, masSiir S at3d apprcipriaw separilticin:
We, anticipate this pi:antimg.process: N-vill further establish a sense of place-, incorporate collilectivity
for neighborhood pathways and vehiti ltrr roadways, and comply with the goals of COMPASS-
Arr.HD, lTll, and the tities of Eagle aiid Meridian. The Wilson 'realm has had e; tcrisit.e
( cOrnrntimtation with these agencies and reprvsenlative_� of the larder jitoputies in tlie.
ne[ jiborhood:
Since we. have no plants for imiiiediatc develajir7�eiit, °��� ��`ill 1� c.harrved to scibrtiit future
applicationsfor filial development plrinning, .incl€rding review of land uses tp> tie proposed; site
platiniiig and huildirig designs.
This action is our first step ref .malty. °hi.c h provides y6d, our n6Lhbo ; the :0.PpOrtuit1ty to
participatein the ciir-ec.t:ion; growth and development that -affects. your neighborhood.
This. is your notice and i[ vitatloh to attend aril participate; at our ieighborhood meeting. In
accordance with Eagle City C:6de, section.8.7.8:
iVieeting Requ rements:
a. It.shall be the, sole dirty ofthe.applicant to pi"Ovicle rrrailed written notice, in a forrri.deerned
.appropriate by the zoning aft, inistra.tor, to fill property Q ners or purchasers of record ow -taint.
properly within a .tht=ee lrmidced .foot (300') radius :cif:lh�: exterior .boundary nfi the, a.pplica;t'ion
property, and to contsguou§ hoincoWners" assocUlt.icins and tuiy ne:ighbo,rhoocl associationsdeeriiEl appropriate by flip honing rrii1i.nistratt�r, 1�i�tic of a rieilbciliciarl ri�ecitir� shill be` in
addition. to., and not injieu O mailed radius notices already required. by this title, except. A lie»
notice tif�a hei0lborliood`n�eetiria is :required -of two hundred (200 yr ilinre prc�l�crt�v t?�)'tlers or
purchasers of record,. altemate forms— of iioti�e iizay be -[ 'rovided as deemed .appropriate by the:
zoning administrator. 11c, neighborhood meeting writt�'�i notice Iaall lie prrwided by mail
ifunitnum offrieen (.15) bur iness days prior tolthe scheduled. neighborhood' meeting,
b. 7'lie. purpose of the neighborhood meeting shall be to review the propcised pr6jcet,
(t) Meetings:, shall be Ern a Satirrclay= between ten , o'clock (.1 t .00) A.K..aiid sevtii U`clo4>c
(7:00) `P.-M., oe.om'a i�,e ;kday} t>�tween six o'clook (':OU) C'.1v1. o�nd.c glat 'c1s�c.I� (ft.;(?{)) P.I�1.
The meeting sliall not. be oil a holiday, a holiday weekend or the day before .ot aft. er a
l olidzy or holiday weekend.
(') The riiceting shall be .held: eirlter oia the appliciition prt�per ty, at the nearest. public
ir.eeting .place,. or at::ari office space with ;suitable meeting facilities if such :facilities arc
rh ithia the city of Eagle area of impact horandar}'.
C. `f'lie nei&hborhood meeting sh..all be conducte-d. prior to the suhrnitial cif the <applicatfora and
not riiore than six (6) timiths prior tea the public heaiir�g,
Written Notiec
pfgperty: C34E'�9efS:
Sep" o-mber- 30, 208
Page 3 of 3
tl: Application m terials"shall include a Writteii verification of the iieil hborhooil o'e"efin" and a
dated eopy ofii.otice provided to affected propt rty oa<<ner .
Yoii arb .list0 in tli4 Ada County Assessor records as in owncr of properly Nv'ithin or tciuch ng the"
Specified 300' (i atiitis) be tind`iuy and 'thetef�re "int lEtiled iii 'our "mailing. list. Due try" tl�e con�irittnity
influence caused .by' the "land lase �`ICtft)fl, se�'eral n"rt��eat} c��rri�ers oirf�i lc the racliiis "par�ir��et�r;" bait within
the "heighborhood" were included. as: a collftesy Of inclusiOri.
An"arca-i parcel Mali is atta* hed, which shbivs all"p'rtiperti:e`s included iii the notices.
SINCERELY,
Gcn. e $h:affer, A[A.
C-, I414;)A" Emerittas"(Retired)
G PI-1
I nc I os' lj =e
'EN (.?f=` N(.*j1 tC°f.
RELA,TE'D ISSUE
You »ay be intorested in. attending a related S. pwhal fl:ea"ring by City .( ouncil to hear "a request by
I isei berg. for A: Coll-kprehensive Plaiz Map and Tekt. Arnei dffien"t and a- mend the language .ior' the Rim
View Planning Area... The applicant is. also requesting are annexation (when cphtigi€oiis) and a rezbrie
With development agreement".fior :l:ias;le Island Marketplace- and the"Fred Meyer tleYelopnicrit.
YOU ARE iTtiVI T`ED TO ATF Nn TJ+IS SPECIAL PQBLIC IiF'AR,INC AND O i=i--R YOUR
COMMENTS FOR CQNS.IDERATIQN.
NOTE: SPECIAL MEETING START TIl r� — 6:30 PM
4**EAGLE CITY COUNCIL HEARING DATI3
October 7-2008 Ti.rne: 6:30 PM1
LOCATIQN : T agle City Hall � 660 1:=:. C"i%ic Lane
COMMENT SHEET
WILSON PROPERTV
(Fortail Galf Course)
NEIGHBORHOOD MEETING (October .21, 2008)
COMPREHENSIVE PLAN MAP CHANGE AND TEXT
AMENDMENT, ANNEXATION. and REZONE APPLICATION
NAME (Print) ADDRESS
Please. send your comments to:
Wilson Proper es — Foxtail Golf.Course
CSHQA.Arch:itects
250 South 5*" Street
Boise, 83702
PHONENO.. EMAIL ADDRESS
David Cantwell Samuel- Zenor Luan Tran
(Parcel #R1006830040) (Parcel #R1006830050) (Parcel #R1006840020)
1202 W Sandy Ct 2572 N Stokesberry PI 4937 N Point Pl
Meridian, ID 83646 Meridian, ID 83646 Boise, ID 83703-6407
Fulgencio Legarreta Gary Beck David Bensinger
(Parcel #R1006840030) (Parcel #R1006840040) (Parcel #R1006840050)
1175 W Sandy Ct 1225 W Sandy Ct 7258 N Springcrest PI
Meridian, ID 83646-5175 Meridian, ID 83646-5161 Meridian, ID 83646-5192
Lawrence Swider Scott Trosper Douglas Winterrowd
(Parcel #R1006840060) (Parcel #R1006840070) (Parcel #R1006840080)
7176 N Springcrest PI 7110 N Springcrest PI 7102 N Springcrest PI
Meridian, ID 83646-5171 Meridian, ID 83646-5171 Meridian, ID 83646-5171
Harold Bunderson Lazy P LP Wilson Properties LP
(Parcel #R 1006840220) (Parcel #R 1006840300-400) (Parcel #R2910711100 & SO424346600)
582 W River Heights Dr 1240 W Chinden Blvd 1101 W River Street, Suite 150
Meridian, ID 83646-5122 Meridian, ID 83646-5138 Boise, ID 83702
Reed Bowen Jr Moore Family Revocable Trust Jerry Devereaux
(Parcel #R2910711200) (Parcel #R2910711300) (Parcel #R2910711400)
6621 N Fox Run Avenue 6673 N Fox Run Avenue PO Box 140122
Meridian, ID 83646-5195 Meridian, ID 83646-5195 Garden City, ID 83714
Michelle Kirkman Shaun Fickes Brian Schlador
(Parcel #R2910710100) (Parcel #R2910710500) (Parcel #R2910710600)
6452 N Fox Run Avunue 6554 N Fox Run Way 6620 N Fox Run Avenue
Meridian, ID 83646-5194 Meridian, ID 83646-5196 Meridian, ID 83646-5196
Paramount Owner Association Paramount LLC Paramount LLC
(Parcel #R6905190490) (Parcel #SO425110124 & S0425120611) (Parcel #SO425120902)
12601 W Explorer, Suite 220 12601 W Explorer Dr, Suite.200 12601 W Explorer Dr, Suite 200
Boise, ID 83713 Boise, ID 83713 Boise, ID 83713
Captain 1 LLC Steven C Smith
(Parcel #SO425212420) (Parcel #SO424417200) Lynx Investments LP
C/O Ted C Carrier Hawkins Companies LLC (Parcel #SO425212480 & SO425223000)
3983 Roblar Avenue
P.O. Box 2Q3 $55 Broad Street, Suite 300 Santa Ynez, CA 93460
Pendleton, OR 97801 Boise, ID 83702-7154
Jeff Bennett Christopher E Casey Brian W Schlador
(Parcel #R2910711500) (Parcel #R2910711600) (Parcel #R2910710600)
578 West Sly Fox Street 522 West Sly Fox Street 6620 North Fox Run Avenue
Meridian, ID 83646-4700 Meridian, ID 83646-4700 Meridian, ID 83646-5196
Eric Langvad Andersen Stacey Q Ward Dennis S Hansen
(Parcel #R2910710700) (Parcel #R2910710800) (Parcel #R2910710900)
577 West Sly Fox Street 521 West Sly Fox Street 465 West Sly Fox
Meridian, ID 83646-4701 Meridian, ID 83646-4701 Meridian, ID 83646-4701
<ert D Stowe Robert T Rainford Daniel J Rozsa
(Parcel #R2910711000) (Parcel #SO424438785 & SO424438852) (Parcel #R2910710200)
6722 North Winward Avenue 2187 North Sharon Drive
593 West Gray Fox Court
Meridian, ID 83646-5198
Meridian, ID 83646-5818 Meridian, ID 83646-5199
United Water Idaho Inc
(Parcel #R2910710300) Brock K Bohiman Shaun D Fickes
P.O. Box 190420 (Parcel #R2910710400) (Parcel #R2910710500)
8248 West VictoryRoad 594 West Gray Fox Court
Meridian, ID 83646-5199 6554 North Fox Run Way
Boise, ID 83719-0420 Meridian, ID 83646-5196
Walter D Merritt III Phil Broadbent
(Parcel#R9474510200) (Parcel#R9474510220) Charles Allan Hail
795 River Heights Drive c/o Resident (Parcel #R9474510240)
Meridian, ID 83646-5123 913 West River Heights Drive 1011 West River Heights Drive
Meridian, ID 83646-5123 Meridian, ID 83646-5123
Jon Carter Fulgencio Legarreta
(Parcel #R9474510265) (Parcel #R1006840030) Robert D Stowe
1065 West River Heights Drive 1175 West Sandy Court (Parcel #R2910711000)
Meridian, ID 83646-5123 6722 North Winward Avenue
Meridian, ID 83646-5175 Meridian, 1D 83646-5198
Pat Dubie Dan Thompson
777 Hearthstone 181 West 50th Street Todd Crockett
Boise, ID 83702 14296 Battenberg Drive
Garden City, ID 83714 Boise, ID 83713
Louise & Jerry Devereax Sharon Gallivan
634 West Sly Fox 251 East Front Mimi Plumb
Meridian, ID 83646 854 River Height Drive
Boise, ID 83702 Meridian, ID 83646
Judith Erdman Michelle Wilson
6452 Winward Drive 4328 North Tiverton Place Foad Roghani
Meridian, ID 83646 2273 Ribier Drive
Boise, ID 83702 Meridian, ID 83646
Craig & Jason Eisenberg Scott Spieor
2231 East Camelback Road, #215 4854 East Circle Drive Boyce Bailey
Phoenix, AZ 85016 3556 South Rustin Place
Meridian, ID 83646 Meridian, ID 83646
Ben Kneadler Jim Bianchi
5418 North Eagle Road, #160 1697 West Brandt Lane Carol Montierth
Boise, ID 83713 7175 West Springcrest
Meridian, ID 83646 Meridian, ID 83646
Ramon Yorgason Van Elg
6200 Meeker Place 462 East Shore #100
Boise ID 83713 Eagle, ID 83616
October 1, 2008
Dear Property Owner,
You were notified by letter, dated September 30, 2008 that our client, Wilson Properties, L.P., an Idaho limited
partnership and fee simple owner of the Foxtail Golf Course is applying for annexation and rezoning of said
property into the City of Eagle, Idaho. This mailing is intended to both notify you of additional land use action
being requested and again invite you to a NEIGHBORHOOD MEETING to discuss the requested land use
designations.
The meeting will be held on Tuesday, October 21, 2008 at the Foxtail Golf s Maintenance Barn at 6479 N. Fox
Run Avenue, Meridian, Idaho 83646. The meeting will be held between the hours of six o'clock (6:00) P.M.
and eight o'clock (8:00) P.M. A presentation of the application request will occur at six -thirty o'clock (6:30)
PM with questions and answers to follow.
Whereas Eagle's current Comprehensive Plan designates the subject property as Public/Semi-
Public, our client shall be requesting a Comprehensive Plan Map and Text Amendment that
reflects changes, which permit the desired zoning.
An area parcel map is attached, which shows all properties included in the notices. (This map is the
map referenced in the September 30, 2008 notice.)
If you have any questions, do not hesitate to call (208) 429-401.2.
END OF NOTICE
SINCERELY,
Gene Shaffer, AIA
CSHQA Emeritus (Retired)
GS:ph
Enclosure
X..
Y,
'LIST OF ATTENDEES
NEIGHBORHOOD MEE
TING
COMPREHENSIVE PLAN MAP CHANGE AN: TEXTAM ENT
D ENDIM
ANNEXATION and 'REZONE
APPLICATION
C T
WILSON PROPERTY
(Foxtafl'Golf Course)
Wilson Properties, L.P., an Idaho limited part
nership and fee simple owner
of the Fapplying for annexation and n
oxtail Golf Course is a rozoni g` Of said
d
-
property into the City of Eagle, Idaho.
A. neighborhood Meeting was held on Tuesday, October 21 2.008 at . 9. es t
Jtoxtail GoWs M ' - ' : - —
aintenance,%Ba.rn at 6479.N. Pox RunAvenue, Meridian,
Idaho The meeting was held between the hours of six O'clock J6,00)
P.M. and eight O'clock (8:0.0) P.M.
Follo.wi*ng.isalist o.fattendees:
NAME (Print) ... SIGNATUPE
AUDRESS
PHONE NO,
Street Ciy, Zip.
371,
7
6-1
List of Attendees
M21ROOB Page 1 of 3
r
'd.
l..st of Attendees 8/21/200a Page . of
NAME (Print) SIGNAT*URE
ADDRESS
PHONFNn
List of Attendees 8121/2008
Page 3 of 3
COM-N ENT SHEET
WILSON PROPERTY
(Foxtail Golf Course)
NEIGHBORHOOD MEETING (October 21, 2008)
COMPREHENSIVE PLAN MAP CHANGE AND TEXT
AMENDMENT, ANNEXATION and REZONE APPLICATION
�?�01�1 V
so 08
E-'�th F? F"
RoA 2 3 Ek ° l"C/- 0`r, 3Z -Vfq'A C1.vl4
NAME (Print) Am y f /, ! � PHONE NO, EMAIL ADDRESS
0 ve/-o CR Vi Pr 4'Z j e A 0 Y L ej 3+ �2 dea w -s -s L o tv,
M0 S 1 0 i Y-6 u� PJ� der+y cd e+
J
a Yes:�en �� 1��e��S;t-t�0K6t � -2 ZafH
� � AD
e we I? fur �✓��il �' ] ���'lef f �
C 0PweycJe e ej
�s
[
p r i ea IftO {{ -Sax,;, w �qve
Powell�'-nee Q r,�les� �� e
h-�Ce more etivanqJ Y'ou �b 31'vt you More fe4back
Please send your comments to: ��`� )< y�
Wilson Properties Foxtail Golf Cours
e
CSHQA Architects
250 South 5' Street
Boise, 83702
COMMENT SHEET
"WMSON PROPERTY
(Foxtail Golf Course) y
NEIGHBORHOOD MEETING (October 21, 2008) sE �stf?
COMPREHENSIVE PLAN MAP CHANGE AND TEXT r�gNo a� o
AMENDMENT, ANNEXATION and REZONE APPLICATION
Ulf%Pri �e eNAM^ ADDRESS PHONE NO. S
v
Please send your comments to:.
Wilson Properties — Foxtail Golf Course
CSHQA. Architects
250 South 5TH Street
Boise, 83702
November 10, 2008
Dear Property Owner:
You were notified by letter, dated October 1, 2008 that our client, Wilson Properties, L.P., an Idaho
limited partnership and fee simple owner of the Foxtail Golf Course is requesting a Comprehensive Plan
Map and Text Amendment for annexation and rezoning of said property into the city of Eagle, Idaho.
This mailing is intended to both notify you of that requested land use action and invite you to an
upcoming NEIGHBORHOOD MEETING to discuss the requested land use designations and topics of
interest that were discussed at our previous meeting. Of considerable interest is the need for an
interconnected public road system.
The meeting will be held on Monday, December 1, 2008 at the Foxtail Golf s Maintenance Barn at 6479
N. Fox Run Avenue, Meridian, Idaho 83646. The meeting will be held between the hours of six o'clock
(6:00) P.M. and eight o'clock (8:00) P.M. An informal presentation of the application request will be
given with invitation for open dialogue to follow.
Whereas Eagle's current Comprehensive Plan designates the subject property as Public/Semi-
Public, our client shall be requesting a Comprehensive Plan Map and Text Amendment that reflects
changes, which permit the desired zoning.
This letter shall also serve as notice for a tentative follow up meeting, Monday, December 8, 2008 at the
Foxtail Golf s Maintenance Barn at 6479 N. Fox Run Avenue, Meridian, Idaho 83646. The December Wh
meeting is subject to perceived need and/or respond to other land use actions that may be affecting the
local neighborhood and the general Rim View Planning Area. If the meeting is held, it shall be announced
at the December 1" neighborhood meeting referenced herein. Each meeting shall be held between the
hours of six o'clock (6:00) P.M. and eight o'clock (8:00) P.M.
You may confirm the scheduling of the December 8th meeting by calling (208) 343-4635 any normal
business day between the dates of December 1, 2008 through December 8, 2008.
If you have any questions, do not hesitate to call (208) 429-4012.
END OF NOTICE
Sincerely,
Gene Shaffer, AIA
CSHQA Emeritus (Retired)
Neighborhood Meeting Notice
Page 2
November 10, 2008
RELATED ISSUE
You may be interested to know the November 12, 2008 hearing for the Eagle Island Marketplace has
been deferred. The applicant and staff have requested the City Council defer continuation of the hearing
regarding the request by Eisenberg for a Comprehensive Plan Map and Text Amendment be deferred
to December 9, 2008. The applicant is also requesting an annexation (when contiguous) and a rezone
with development agreement for Eagle Island Marketplace and the Fred Meyer development.
YOU ARE INVITED TO ATTEND THIS PUBLIC HEARING AND OFFER YOUR COMMENTS
FOR CONSIDERATION.
***EAGLE CITY COUNCIL HEARING DATE:
DECEMBE.R 9, 2008 TIME: 7:00 PM
LOCATION: Eagle City Hall - 660 E. Civic Lane
David Cantwell Samuel Zenor
Luan Tran
(Parcel #R 1006830040) (Parcel #R 1006830050) (Parcel #R 1006840020)
1202 W Sandy Ct 2572 N Stokesberry PI 4937 N Point P1
Meridian, ID 83646 Meridian, ID 83646 Boise, ID 83703-6407
Fulgencio Legarreta Gary Beck David Bensinger
(Parcel #R1006840030) (Parcel #R1006840040)
1175 W Sand Ct (Parcel#R1006840050}
Y 1225 W Sandy Ct 7258 N Springcrest PI
Meridian, ID 83646-5175 Meridian, ID 83646-5161 Meridian, ID 83646-5192
Lawrence Swider Scott Trosper
Douglas Winterrowd
(Parcel #R1006840060)
(Parcel #R1006840070) (Parcel #R1006840080)
7176 N Springcrest PI 7110 N Springcrest PI 7102 N Springcrest PI
Meridian, ID 83646-5171 Meridian, 1D 83646-5171 Meridian, 1D 83646-5171
Harold Bunderson Lazy P LP Wilson Properties LP
(Parcel #R 1006840220) (Parcel #R1006840300-400) (Parcel #R29 0711100 & SO424346600)
582 W River Heights Dr 1240 W Chinden Blvd 1101 W River Street, Suite 150
Meridian, ID 83646-5122 Meridian, ID 83646-5138 Boise, ID 83702
Reed Bowen Jr Moore Family Revocable Trust Jerry Devereaux
(Parcel #R2910711200) (Parcel #R2910711300) (Parcel #R2910711400)
6621 N Fox Run Avenue 6673 N Fox Run Avenue PO Box 140122
Meridian, ID 83646-5195 Meridian, ID 83646-5195 Garden City, ID 83714
Michelle Kirkman Shaun Fickes Brian Schlador
(Parcel #R2910710100) (Parcel #R2910710500) (Parcel #R2910710600)
6452 N Fox Run Avunue 6554 N Fox Run Way 6620 N Fox Run Avenue
Meridian, ID 83646-5194 Meridian, ID 83646-5196 Meridian, ID 83646-5196
Paramount Owner Association Paramount LLC Paramount LLC
(Parcel #R6905190490) (Parcel #SO425110124 & SO425120641) (Parcel #SO425120902)
12601 W Explorer, Suite 220 12601 W Explorer Dr, Suite 200 12601 W Explorer Dr, Suite 200
Boise, ID 83713 Boise, ID 83713 Boise, ID 83713
Captain 1 LLC Steven C Smith
(Parcel #SO425212420) (Parcel #SO424417200) Lynx Investments LP
C/O Ted C Carner Hawkins Companies LLC (Parcel #SO425212480 & SO425223000)
P.O. Box 203 855 Broad Street, Suite 300 3983 Roblar Avenue
Pendleton, OR 97801 Boise, ID 83702-7154 Santa Ynez, CA 93460
Jeff Bennett Christopher E Casey Brian W Schlador
(Parcel #R2910711500) (Parcel #R2910711600) (Parcel #R2910710600
578 West Sly Fox Street 522 West Sly Fox Street 6620 North Fox Run Avenue
)
Meridian, [D 83646-4700 Meridian, ID 83646-4700 Meridian, ID 83646-5196
Eric Langvad Andersen Stacey Q Ward Dennis S Hansen
(Parcel #R2910710700) (Parcel #R2910710800) (Parcel #R2910710900
577 West Sly Fox Street 521 West SlyFox Street )
465 West Sly Fox
Meridian, ID 83646-4701 Meridian, ID 83646-4701 Meridian, ID 83646-4701
.obert D Stowe
(Parcel #R2910711000)
6722 North Winward Avenue
Meridian, iD 83646-5198
United Water Idaho Inc
(Parcel #R2910710300)
P.O. Box 190420
8248 West Victory Road
Boise, iD 83719-0420
Waiter D Merritt iiI
(Parcel #R9474510200)
795 River Heights Drive
Meridian, ID 83646-5123
Jon Carter
(Parcel #R9474510265)
1065 West River Heights Drive
Meridian, ID 83646-5123
Pat Dubie
777 Hearthstone
Boise, 1D 83702
Louise & Jerry Devereax
634 West Sly Fox
Meridian, ID 83646
Judith Erdman
6452 Winward Drive
Meridian, ID 83646
Craig & Jason Eisenberg
2231 East Camelback Road, #215
Phoenix, AZ 85016
Ben Kneadler
5418 North Eagle Road, #160
Boise, ID 83713
Ramon Yorgason
6200 Meeker Place
Boise, ID 83713
Robert T Rainford Daniel J Rozsa
(Parcel #SO424438785 8, SO424438852) (Parcel #R2910710200)
2187 North Sharon Drive 593 West Gray Fox Court
Meridian, ID 83646-5818 Meridian, ID 83646-5199
Brock K Bohlman Shaun D Fickes
(Parcel #R2910710400) (Parcel #R2910710500)
594 West Gray Fox Court 6554 North Fox Run Way
Meridian, 1D 83646-5199 Meridian, ID 83646-5196
Phil Broadbent
(Parcel#R9474510220) Charles Allan Hall
c/o Resident (Parcel#R9474510240)
913 West River Heights Drive 1011 West River Heights Drive
Meridian, ID 83646-5123 Meridian, ID 83646-5123
Fulgencio Legarreta Robert D Stowe
(Parcel #R1006840030) (Parcel #R2910711000)
1175 West Sandy Court 6722 North Winward Avenue
Meridian, ID 83646-5175 Meridian, ID 83646-5198
Dan Thompson
181 West 50'' Street Todd Crockett
Garden City, ID 83714 14296 8attenberg Drive
Boise, ID 83713
Sharon Gallivan
251 East Front Mimi Plumb
Boise, !D 83702 854 River Height Drive
Meridian, ID 83646
Michelle Wilson
4328 North Tiverton Place Foad Roghani
Boise, ID 83702 2273 Ribier.Drive
Meridian, iD 83646
Scott Spieor
4854 East Circle Drive Boyce Bailey
Meridian, ID 83646 3556 South Rustin Place
Meridian, ID 83646
Jim Bianchi Carol Montierth
1697 West Brandt Lane
Meridian, ID 8364fi 7175 West Springcrest
Meridian, iD 83646
Van Elg
462 East Shore #100
Eagle, ID 83616
LIST OF ATTENDEES
2" NEIGHBORHOOD
COMPREHENSIVE PLAN MAP CHANGE AND TEXT AMENDMENT �
ANNEXATION and REZONE
APPLICATION
WILSGN PROPERTY
(°oxtail Golf Course)
Wilson Properties, L.P., an Idaho limited partnership and fee simple
owner
of the Foxtail Golf Course is applying for annexation and rezoning of said
property into the City of Eagle, Idaho.
A 2nd neighborhood meeting was held on Monday,De
cemerthe Foxtail Golf's Maintenance Barn at 6479 N_ Fox Run Avenu6Meridian,
Merat
Idaho 83646, The meeting was held between the hours of six o'clock 6 i0p,
P.M. and eight o'clock (8:00) P.M. )
Following is a list of attendees:
'rant) /.- SV9 ATURF
ADDRESS
List of Attendees
8/21/2008 Page 1 of 3
PHONE NO.
Tuesday, March 3, 2009
NEIGHBORHOOD xygE G NO'ITCE
Dear Property Owner,
Capital Development, Inc., an Idaho corporation, under contract to purchase a parcel of approximateI 110-acres
of agricultural farmland located north and west of Meridian Road and Chinden, and Wilson Properties, LC owner
of 85 acres of land being operated as Foxtail Golf Course, are jointly requesting a Comprehensive PIan Map and
Text Amendment and annexation and rezoning of said properties into the City of Eagle, Idaho. This mailing is
intended to both notify you of requested land use actions and invite you to an upcoming NEIGHBORHOOD
MEETING to discuss the requested land use changes.
The meeting will be held on Tuesday, March 24, 2009 at the Foxtail Golf s Maintenance Barnat 64
Fox Run Avenue, Meridian, Idaho 83646. The meeting will be held at six o'clock (6:00) P.1VI79� informal presentation of the application request will be given and will cover much of the information
covered in the prior neighborhood meetings.
In summary, the land use actions are being requested to accomplish 1) a contiguous path of annexation for
the City of Eagle to the commercial comer at the northeast comer of Linder and Chinden, proposed as
Eagle Island Marketplace, and 2) rezoning to permit transitional buffering between the commercial
corners and surrounding land uses, which will be predominantly infill residential uses.
if you have any questions, you can contact us at into9capilaldeve Ion mentinc coat.
END OF NOTICE
/s
14.
Paramount LLC
(Parcel # SO425120611)
12601 W Explorer Dr, Suite 200
Boise, ID 83713
Reed Bowen Jr
(Parcel #R2910711200)
6621 N Fox Run Avenue
Meridian, ID 83646-5195
Michelle Kirkman
(Parcel #R2910710100)
6452 N Fox Run Avunue
Meridian, ID 83646-5194
Jeff Bennett
(Parcel #R2910711500)
578 West Sly Fox Street
Meridian, ID 83646-4700
Dennis S Hansen
(Parcel #R2910710900)
465 West Sly Fox
Meridian, ID 83646-4701
Walter D Merritt Ill
(Parcel #R9474510200)
795 River Heights Drive
Meridian, ID 83646-5123
Vern Foster
(Parcel #R 1317600010)
3257 S Donnington Ave
Eagle, ID 83616
Capital Development INC
(Parcel #R 1317600020)
6200 N Meeker PI
Boise, ID 83713
Sugarberry Woods Homeowners
Assoc,
(Parcel #R8212112200 & R8212110010)
12227 S 1565 E
Draper, UT 84020-9644
Steven C Smith
(Parcel #SO424417200)
Hawkins Companies LLC
855 Broad Street, Suite 300
Boise, ID 83702-7154
Moore Family Revocable Trust
(Parcel #R2910711300)
6673 N Fox Run Avenue
Meridian, ID 83646-5195
Shaun Fickes
(Parcel #R2910710500)
6554 N Fox Run Way
Meridian, ID 83646-5196
Christopher E Casey
(Parcel #R2910711600)
522 West Sly Fox Street
Meridian, ID 83646-4700
Robert D Stowe
(Parcel #R2910711000)
6722 North Winward Avenue
Meridian, ID 83646-5198
Phil Broadbent
(Parcel #R9474510220)
c/o Resident
913 West River Heights Drive
Meridian, ID 83646-5123
Don Lopez
(Parcel #R8212110100)
3126 W. Sugarberry Dr.
Eagle, ID 83616
Jeffery Swanson
(Parcel #R8212112000)
2980 S Meridian RD
Eagle, ID 83616
Mathew Daum
(Parcel #R8212112300)
3125 W. Sugarberry Dr.
Eagle, ID 83616
Wilson Properties LP
(Parcel #SO424346600)
1101 W River Street, Suite 150
Boise, ID 83702
Jerry Devereaux
(Parcel #R2910711400)
PO Box 140122
Garden City, ID 83714
Brian Schlador
(Parcel #R2910710600)
6620 N Fox Run Avenue
Meridian, ID 83646-5196
Stacey Q Ward
(Parcel #R2910710800)
521 West Sly Fox Street
Meridian, ID 83646-4701
Robert T Rainford
(Parcel #SO424438785 & SO424438852)
2187 North Sharon Drive
Meridian, ID 83646-5818
Charles Allan Hall
(Parcel #R9474510240)
1011 West River Heights Drive
Meridian, ID 83646-5123
Christopher Casey
(Parcel #R2910700600)
522 W. Sly Fox St.
Meridian, ID 83646-4700
Robert Gentry
(Parcel #R8212112100)
2920 S Meridian RD
Eagle, ID 83616
James Oliver
(Parcel #R9474510060)
7225 N. Meridian Rd
Meridian, ID 83646-5117
Dale Knittel Erdman Judith Revocable Trust (Parcel #R9474510080) Orville Thompson
(Parcel #R9474510160)
7280 N Winward Dr 7283 N Winward Dr. (Parcel #R9474510180)
Meridian, ID 83646-5124 Meridian, ID 83646-5125 3045 W Sugar Crest Dr.
Eagle, ID 83616
Wilson Properties LP Church of Jesus Christ Latter Day
(Parcel #SO424346600) Saints Brighton Investments LLC
1101 W. River St. Suite# 150 (Parcel #SO424449202) (Parcel #SO425110150 & #S0425120611)
Boise, ID 83702 50 E North Temple St. FI 22 12601 W. Explorer Dr. Suite# 200
Salt Lake City, UT 84150-5667 Boise, ID 83713-1560
James Spicka
(Parcel #S0519325685 & S0519325725)
814 N 8th St
Boise, ID 83702
Castlebury West Business Park
Owners Assoc.
(Parcel #R 1317630050 & R 1317620010 &
R1317620060 & R1317620070)
6200 Meeker PI
Boise, 1D 83702
Castlebury Neighborhood Assoc. INC
(Parcel #R1317600250)
PO BOX 1962
Eagle, ID 83616
Paul Unger
(Parcel #R1472050000)
7320 N Meridian Rd.
Meridian, ID 83646-5166
Reverse Mortgages of Idaho
(Parcel #S0519325745)
814 N 8th St
Boise, ID 83702
Pace Family Living Trust
(Parcel #R1317600160)
3343 S. Donnington Pl.
Eagle, ID 83616
Castlebury Dental LLC
(Parcel #R 1317620020)
2208 E. Sidewinder Dr.
Meridian, ID 83646
Jeff Bennett
(Parcel #R2910711500)
578 W. Sly Fox St.
Meridian, ID 83646-4700
Capital Investments INC
(Parcel #R1317630010 6 R1317630020 d R131763003o 6 R1317630040 &
$0424449955 d R1317600030 S R 1317500040 6 R1317600050 6
R1317600170 & R1317620050)
6200 N Meeker PI.
Boise, ID 83713
Evonne Bettiga
(Parcel #R1317600180)
9138 W. Covey Hill Ct.
Boise, ID 83709
MB Legend LLC
(Parcel #R1317620030)
9000 W. Duck Lake Dr.
Boise, ID 83714
yv
.,jid Cantwell Samuel Zenor
'arcel #R1006830040) (Parcel #R1006830050) Luan Tran
1202 W Sandy Ct 2572 N Stokesberry PI (Parcel#R1006840020)
Meridian, ID 83646 Meridian, ID 83646 4937 N Point PI
Boise, ID 83703-6407
Fulgencio Legarreta Gary Beck
(Parcel #R 1006840030) David Bensinger
(Parcel #R 1006840040)
1175 W Sandy Ct 1225 W Sandy Ct (Parcel #R 1006840050)
Meridian, ID 83646-5175 Meridian, ID 83646-5161 7258 N Springcrest PI
Meridian, ID 83646-5192
Lawrence Swider Scott Trosper
(Parcel #R1006840060) (Parcel #R1006840070) Douglas Winterrowd
7176 N Springcrest PI 7110 N Springcrest PI (Parcel#R1006840080)
Meridian, ID 83646-5171 Meridian, ID 83646-5171 7102 N Springcrest PI
Meridian, ID 83646-5171
Harold Bunderson Lazy P LP
(Parcel #R1006840220) (Parcel #R1006840300-400) Wilson Properties LP
582 W River Heights Dr 1240 W Chinden Blvd (Parcel #R2910711100 & SO424346600)
Meridian, ID 83646-5122 1101 W River Street, Suite 150
Meridian, ID 83646-5138 Boise, ID 83702
Reed Bowen Jr Moore Family Revocable Trust
(Parcel #R2910711200) (Parcel #R2910711300) Jerry Devereaux
6621 N Fox Run Avenue 6673 N Fox Run Avenue (Parcel#R2910711400)
Meridian, ID 83646-5195 Meridian, ID 83646-5195 PO Box 140122
Garden City, ID 83714
Michelle Kirkman Shaun Fickes
(Parcel #R2910710100) (Parcel #R2910710500) Brian Schlador
6452 N Fox Run Avenue 6554 N Fox Run Way (Parcel #R2910710600)
Meridian, ID 83646-5194 Meridian, ID 83646-5196 6620 N Fox Run Avenue
Meridian, ID 83646-5196
Paramount Owner Association Paramount LLC
("Parcel #R6905190490) (Parcel #SO425110124 & S0425120611) Paramount LLC
12601 W Explorer, Suite 220 12601 W Explorer Dr, Suite 200 (Parcel #SO425120902)
Boise, ID 83713 12601 W Explorer Dr, Suite 200
Boise, ID 83713 Boise, ID 83713
Captain 1 LLC Steven C Smith
(Parcel #SO425212420) (Parcel #SO424417200) Lynx Investments LP
C/O Ted C Carrier Hawkins Companies LLC (Parcel #SO425212480 & SO425223000)
P.O. Box 203 855 Broad Street, Suite 300 3983 Roblar Avenue
Pendleton, OR 97801 Boise, ID 83702-7154 Santa Ynez, CA 93460
Jeff Bennett Christopher E Case
(Parcel #R2910711500) y Brian W Schlador
522 Sly F
578 West Sly Fox Street (Parcel #R2 (Parcel #R2910710600)
Meridian,
Meridian, ID 83646-4700 West Sly Foxx Street 6620 North Fox Run Avenue
Meridian, ID 83646-4700 Meridian, ID 83646-5196
Eric Langvad Andersen Stacey Q Ward
(Parcel #R2910710700) (Parcel #R2910710800) Dennis S Hansen
577 West Sly Fox Street 521 West Sly Fox Street (Parcel #R2910710900)
Meridian, ID 83646--4701 Meridian, ID 83646-4701 465 West Sly Fox
Meridian, ID 83646-4701
Robert D Stowe
(Parcel #R2910711000)
6722 North Winward Avenue
Robert T Rainford
(Parcel #SO424438785 & SO424438852 )
Daniel J Rozsa
Meridian, ID 83646-5198
2187 North Sharon Drive
Meridian, ID 83646-5818
(Parcel#R2910710200)
593 West Gray Fox Court
Meridian, 1D 83646-5199
United Water Idaho Inc
(Parcel #R2910710300)
Brock K Bohlman
P.Q. Box 190420
(Parcel#R2910710400)
Shaun D
8248 West Victory Road
594 West Gray Fox Court
(Parcel 910710
710500)
Boise, ID 83719-0420
Meridian, ID 83646-5199
North
6554 North Fox Run Way
Meridian, ID 83646-5196
Walter D Merritt III
Phil Broadbent
(Parcel #R9474510200)
795 River Heights Drive
(Parcel #R9474510220)
c/o Resident
Charles Allan Hall
Meridian, ID 83646-5123
913 West River Heights Drive
(Parcel#R9474510240)
1011 West River Heights Drive
Meridian, ID 83646-5123
Meridian, ID 83646-5123
Jon Carter
(Parcel #R9474510265)
1065 West River Heights Drive
Fulgencio Legarreta
(Parcel #R1006840030)
Robert D Stowe
Meridian, ID 83646-5123
1175 West Sandy Court
Meridian, ID 83646-5175
(Parcel #R291071 1000)
6722 North Winward Avenue
Meridian, ID 83646-5198
Pat Dubie Dan Thompson
777 Hearthstone 181 West 501h Street Todd Crockett
Boise, ID 83702 Garden City, 1D 83714 14296 Battenberg Drive
Boise, ID 83713
Louise & Jerry Devereax Sharon Gallivan
634 West Sly Fox 251 East Front Mimi Plumb
Meridian, ID 83646 Boise, ID 83702 854 River Height Drive
Meridian, ID 83646
Judith Erdman Michelle Wilson
6452 Winward Drive 4328 North Tiverton Place Foad Roghani
Meridian, ID 83646 Boise, ID 83702 2273 Ribier Drive
Meridian, ID 83646
Craig & Jason Eisenberg Scott Spieor
2231 East Camelback Road, #215 4854 East Circle Drive Boyce Bailey
Phoenix, AZ 85016 Meridian, 1D 83646 3556 South Rustin Place
Meridian, ID 83646
Ben Kneadler Jim Bianchi
5418 North Eagle Road, #160 Carol Montierth
Boise, ID 83713 1697 West Brandt Lane
Meridian, ID 83646 7175 West Springcrest
Meridian, ID 83646
Ramon Yorgason Van Elg
3200 Meeker Place 462 East Shore #100
3oise, ID 83713 Eagle, ID 83616
EXHIBIT `B"
TO: Mr. Mike Williams, Eagle City Planning Staff
FROM: Dave Yorgason , Capital Development
DATE: December 9, 2009
RE: Revised Concept Plan
Mr. Williams, as we discussed earlier today, we have had several meetings with the Foxtail
neighbors regarding our application and the Wilson application that are both currently with
the City. We believe we have made a lot of progress toward finding a solution that will
work for the Wilson team, the neighbors and us. Earlier today I sent you copies of the
Concept Plan maps showing the recent progress, as you requested. The following is a
summary of the discussions that took place to help clarify the progression of these maps.
Map # 1 — Concept Plan 12-1-09 originate
This is the map that was originally submitted to the City before the P&Z hearing, it was in
the P&Z packet, and it was used during the P&Z hearing and presentation. This map was
used as our baseline for discussions with the neighbors.
Ma #2 —Conce t Plan 12-1-09 si ned w. chan es. df
A meeting with the Foxtail neighbors was held on 12-1-09 at Dan Rozsa's home to discuss
their concerns. This map is Map # 1 with changes noted and agreed upon by all parties.
The signatures on the map indicated all parties supported the changes, recognizing the
neighbors wanted to revisit it again after the changes were made to the plan.
Map #3 — Concept Plan 12-4-09.=
This map reflects the changes agreed upon at the 12-1-09 meeting and shown in Map #2.
Ma #4 — Concept Plan 12-4-09 signed w. chan�s pdf (Nv� 4
)
Another meeting was held with the Foxtail neighbors (Ryan Moore and Dennis Hansen) at
our office on 12-4-09. In that meeting we showed them Map #3, which included all the
changes that we discussed and agreed upon on 12-1-09. A few more changes were desired.
Map #4 reflects these desired changes to Map #3, and was signed and agreed to by all that
attended. Ryan still had a few unresolved concerns (i.e. berm buffer height, pond behind
his home, etc.) and wanted to think about these concerns and then meet again the following
g
On Monday 12-7-09, we met again with the Foxtail neighbors (Dan Rozsa, Dennis Hansen
and Ryan Moore). We showed Map #3 to Dan Rozsa, who agreed to the changes and
signed the map. Ryan Moore felt strongly about the berm behind his place needing to be
10 feet tall and said the neighbors are concerned about 8 units per acre. We reminded him
our design for the Patio Home section would probably be closer to 4.2 units per acre once
all the required open space is included. Both sides agreed it would be ok to change the
description to "Patio Homes — approximately 4 units per acre" knowing a little more than 4
is ok, but not 8 per acre. Ryan said that the pond behind his home does not need to stay
either. Lastly, the neighbors do not want the golf course barn to be used for commercial
purposes once the golf course is no longer in operation. We agreed. After this discussion,
all parties signed Map #4.
Map#5 — Concept Plan 12-8-09 si ng_ed pdf
All requested changes were made to Map #4 and shown on Map #5. The Wilson team
signed and agreed to the changes to the Concept Plan dated 12-8-09. Dennis Hansen came
by our office and signed the revised plan on 12-8-09. Dan Rozsa was out of town, but
agreed to the changes via email.
Ryan Moore was unable to come by on 12-8-09, but came by our office on 12-9-09 to
discuss the latest map. Ryan said he is comfortable with the Capital Development plan,
and generally accepts the Wilson plan, but he still has some concerns about the 5 acre
parcel that was in the Foxtail subdivision. He asked that the homes in the 5 acre area be
included in the Foxtail HOA CC&Rs. I asked him to call Charlie Wilson to discuss it,
however the Wilson team denied that request.
As of the date of this memo, I think Ryan Moore is close to signing and agreeing to the
revised Concept Plan dated 12-8-09, though there is no signature yet. Ryan's reluctance to
sign seems to be related to future use of the 5-acre parcel and he will probably be at the
public hearing to discuss these issues.
OIL
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RECEIVED & FILED
CITY OF EAGLE
Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, ID 83616
DEVELOPMENT AGREEMENT
FEB 0 Z 2010
File:
Route to:
For Recording Purposes Do
Not Write Above This Line
This Development Agreement (this "Agreement") is made as of this day of , 201Deleted: 9
("Effective Date") by and between the City of Eagle, a municipal corporation in the State of Idaho
("Eagle"), Wilson Properties L.P., an Idaho limited partnership ("Wilson Properties") and Wilson
Holdings LLC, an Idaho limited liability company ("Wilson Holdings"). Wilson Properties and Wilson
Holdings are sometimes collectively referred to herein as the "Applicant".
WHEREAS, Wilson Properties owns that certain 78.79-acre parcel of real property in
unincorporated Ada County located at 990 W. Chinden Boulevard, Eagle, Idaho and legally described on
Exhibit A attached hereto (the "Foxtail Parcel").
WHEREAS, Wilson Holdings owns that certain 5.007-acre parcel of real property in
unincorporated Ada County located at 6479 N. Fox Run Avenue, Eagle, Idaho and legally described on
Exhibit B attached hereto (the "Fox Run Parcel").
WHEREAS, the Foxtail Parcel is designated on the Future Land Use Map of Eagle's
Comprehensive Plan as "Public/Semi-Public" and the Fox Run Parcel is designated on the Future Land
Use Map of Eagle's Comprehensive Plan as "Transitional Residential".
WHEREAS, the Foxtail Parcel and the Fox Run Parcel are currently being used for a golf course
and related operations.
WHEREAS, Wilson Properties and Wilson Holdings have developed a Concept Plan (with access
alternatives) for the future development of the Foxtail Parcel and the Fox Run Parcel in an integrated and
community -minded manner, a copy of which is attached hereto as Exhibit C-1 (the "Concept Plan").
WHEREAS, in furtherance of the above, Wilson Properties and Wilson Holdings have applied
for (i) Comprehensive Plan map and text amendments to change the Comprehensive Plan map
designations for the Property from Public/Semi-Public and Transitional Residential to Mixed Use, and for
certain amendments to the text of the Rim View Planning Area (Eagle File No. CPA-07-08), (ii)
annexation of the Property into Eagle once it becomes adjacent to Eagle (Eagle File No. A-05-08) and
initial zoning of the Property as MU-DA (Mixed Use with Development Agreement) subject to a
development agreement (Eagle File No. RZ-11-08) (collectively, the "Applications").
WHEREAS, Wilson Properties and Wilson Holdings are proposing this Agreement to (i) ensure
that the Foxtail Parcel and the Fox Run Parcel may continue to be used as a golf course until such time as
the owners thereof elect to develop them, and (ii) ensure that any future development on the Foxtail
Parcel and the Fox Run Parcel is consistent with the Concept Plan.
1 ,l
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WHEREAS, Eagle's City Council has, after public hearings and deliberations, determined that
the Applications, Concept Plan and this Agreement are in the best interest of Eagle as they allow the
Foxtail Parcel and the Fox Run Parcel to be developed in the future in a manner that is in harmony with
the existing community;
,WHERAS ursuant to Eagle's a roval of the A --cations Ea -- has I changed the Property's Formatted: Font: Default Times
designations on the Comprehensive Plan's Future Land Use Map from Public/Semi-Public and [New Roman, 11 pt
Transitional Residential to Mixed Use (ii) annexed the Property into Eagle and (iii) designated the
zoning of the Property to be MU-DA (Mixed Use with Development Agreement) subject to this J Deleted:.
Agreement;
WHERAS, Eagle's City Council supports and encourages Eagle's Planning and Zoning Staff, the
Applicant Capitol Development Inc and the developers of Eagle Island Marketplace to work together
cooperatively to address issues such as traffic minor site plan modifications landscaping and berming to
inmate and coordinate the various projects in the subject quadrant into a master planned community Deleted: and
------------------------------------------------------------------------------------------------------------------- --
NOW, THEREFORE, Wilson Properties, Wilson Holdings and Eagle desire to enter into this
Agreement, and for and in consideration of the mutual covenants contained herein, it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Agreement is made pursuant to and in accordance with the provisions of Idaho Code 67-
6511 A and Eagle City Code, Title 8, Chapter 10. An affidavit of all owners of the Property agreeing to
submit the Property to this Agreement and to the provisions set forth in Idaho Code Section 67-6511 A
and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE H
ANNEXATION/ZONING
Applicant hereby consents to the annexation of the entire Property by Eagle provided that Eagle,
concurrently with adoption of any annexation ordinance affecting the Property, adopts an ordinance
amending the Eagle Zoning Ordinance to zone the Property to MU-DA (Mixed Use with Development
Agreement) and executes and records this Agreement in the real property records of Ada County, Idaho.
ARTICLE III
CONDITIONS ON DEVELOPMENT
3.1. Golf course operations may continue on the Property, or such portions of the Property,
until Applicant elects to abandon such operations. Nothing in this Agreement shall be construed or
interpreted to limit the use of the Property for a golf course, including present and future appurtenant
operations (e.g., driving range, retail and restaurant sales in its clubhouse, golf lessons, social events,
etc.). Further, nothing shall be construed or interpreted as limiting or preventing the Applicant from
securing and using entitlement permits for additional golf course related structures, improvements or
operations.
3.2. Nothing in this Agreement shall require Applicant to fulfill its pre -development
obligations with respect to any Use Area until such time as Applicant elects to abandon golf course
operations in such Use Area (as defined in Section 3.4 below); provided, however, Applicant shall not be
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entitled to pursue development of any Use Area pursuant to this Agreement until its pre -development
obligations with respect to such Use Area have been completed.
3.3. All future development of the Property shall be generally consistent with the Concept
Plan (as amended from time to time); provided, however, it is the intent of this Agreement to allow
flexibility at the time a detailed plan and platting are submitted to Eagle so long as the general intent of
the Concept Plan and the requirements set forth in this Agreement are met. The Concept Plan is not a
fixed development plan but only Applicant's current concept for the future development of the Property.
Eagle understands that Applicant does not have a particular project in mind at this time, so the Concept
Plan only represents Applicant's best guess of appropriate future development for the Property once it is
no longer feasible or desirable to operate a golf course on the Property. Further, Eagle understands that a
number of factors may make it convenient or desirable to change the Concept Plan from time to time,
including, but not limited to, development of adjacent properties, location of/restrictions on access to
Chinden Boulevard, locations of roads to adjacent properties, and market conditions. Accordingly, if the
Applicant finds it convenient or desirable to change the Concept Plan in the future, Eagle shall give any
proposed changes from Applicant fair consideration. .I• f Applicant requests a change_to the_Concept Plan -_
the City shall hold a public hearing before the City Council to address consider such changes to the
Concept Plan and any changes thereafter proposed to said Plan Except as otherwise approved by the City
Council, Applicant will develop the Property subject to the conditions and limitations set forth in this
Agreement Applicant will submit applicable applications regarding floodplain development permit
review, design review, preliminary and final plat reviews and/or any conditional use lien -nits, if
applicable and any other applicable applications as may be required by Eagle City Code which shall
comply with Eagle City Code as it exists at the time such applications are made except as otherwise
provided within this Agreement.
3.4. The uses areas indicated on the Concept Plan (referred to herein as "Use Areas") shall be
subject to the following use, size and/or density limitations:
3.4.1. For the "MU-DA (Commercial) Use Area" consisting of ? A -acres as indicated
on the Concept Plan, the permitted uses shall be all those that are pen-nitted or conditional uses
identified under the Mixed Use District in ,Eagle City_Code 8-2-3 except - t for the following uses
which are prohibited:
-------
• Ambulance Services
• Cemetery
• Circuses and Carnivals
• Drive in Theater
• Hospital
• Kennel
• Mortuary
• Nursing/Convalescent Home
If the permitted and conditional uses in the MU zoning designation are expanded, such expanded
uses shall be allowed as penmitted or conditional uses as the case may be. Applicant
acknowledges that certain uses may be restricted by then available sewer capacity_The MU-DA
(Commercial) Use Area shall be limited to 210,000 square feet of enclosed building area (i.e.,
enclosed with walls and roof), with no single enclosed building area greater than 120,000 square
feet in size and no structure abutting Chinden Boulevard to exceed 20,000 square feet of enclosed
building area. Applicant shall endeavor to locate the following "target uses" in accordance with
the target use areas as depicted on the Concept Plan:
' I
,
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determines that any proposal requires
public comment due to potential impacts
on surrounding property or the
community, Eagle may hold public
hearings on such proposal as then
provided by Eagle City Code.
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• Computer Store
• Book Store
• Restaurants (including drive thru)
• Banks/financial institutions (including drive thru)
• Specialty food stores (not greater than 25,000 sq. ft. of floor area)
• Specialty retailers
• Fitness centers
• Sporting goods stores
• Entertainment centers (i.e., movies, games, miniature golf, etc.)
• Home improvement stores
• Furniture stores
• Retail pharmacies
• Garden centers as secondary use to primary retailer
• Theater
• Feed/seed retail
3.4.2. For the "MU-DA (Neighborhood Business) Use Area" consisting -of 5.2 acres
as indicated on the Concept Plan, the permitted uses shall be limited to the following; provided,
however, additional uses may be pennitted if a modification to this Agreement is approved by
Eagle:
•
Artist Studios
•
Banks/fmancial institutions (including drive thru)
•
Bars
•
Beauty/barber shop
•
Bicycle Shops
•
Catering service
•
Child Care Center
•
Daycare Center
•
Commercial Entertainment Facility (indoor)
•
Communication facilities (with conditional use)
•
Drugstore
•
Christmas Tree Sales
•
Church
•
Clinic (medical or dental)
•
Club or Lodge
•
Coffee/bakery shops
•
Convenience store with fuel service
•
Electronic sales, service or repair shop
•
Fitness Centers and Spas
•
Food and beverage services
•
Health clubs, spas, weight reduction salons
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•
Home and business services
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•
Nursery, plant materials
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•
Personal wireless facilities (height 35 feet or less)
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• Photographic studio
• Printing and/or blueprinting
• Professional services/activities
• Restaurant (with drive thru)
• Retail sales (general, pharmacies and medical)
• Specialty Stores
• Storage (enclosed building)
• Travel services
• Veterinary Clinic/Domestic Animal Retail (no non -medical boarding)
The MU-DA (Neighborhood Business) Use Area shall be limited to55
000 square feet of Deleted:7o
enclosed building area (i.e., enclosed with walls and roof), with no single building greater than
40,000 square feet in enclosed building area and no structure abutting Chinden Boulevard to
exceed 20,000 square feet of enclosed building area. Applicant shall endeavor to locate the above
permitted uses in accordance with the target use areas as depicted on the Concept Plan. Applicant
acknowledges that certain uses may be restricted by then available sewer capacity.
3.5. The "Residential Use Area" consists of approximately "_acres (inclusive of open
space). The maximum density for the Residential Use Area shall be approximately 2d .47 welling units
per acre with a maximum of 128-dwelling units, subject to the capacity of the sewer system. Residential
uses in the Residential Use Area shall not require a conditional use permit. Multi -family developments
shall be subject to Design Review approval. All Residential Use Areas except "One Unit per Acre"
areas shall meet the open space requirements,�et forth in Eagle_City Code 8-6-5-2 or as approved_ herein.
Sidewalks and pathways shall be constructed in appropriate locations to provide pedestrian connectivity
throughout the site. The Residential Use Area shall emphasize transitioning with multi -family and/or
patio home dwellings ---(higher density) adjacent to non-residential development and single-family
dwellings_ (lower densitx) located adjacent to existing residential uses. Residential lots are encouraged to
be clustered to provide greater open space areas Minimum Lot sizes and Setbacks shall comply with the
following for each area as depicted on the Concept Plan:
3.5.1. For the Residential Use Areas designated as "Up to Eight Units per Acre", the
permitted uses include single-family dwellings, two-family dwellings and multi -family dwellings
as follows:
Minimum Lot Size: 5,000 square feet
Front Setback: 15 feet to living area / 20 feet to garage
Rear Setback: 15 feet*
Deleted: 51.8
Deleted: shall be met pursuant
` Deleted: to
Side Setback: 5 feet*
Street Side Setback: 15 feet*
* All multi -family dwelling buildings shall be located a minimum of "
20-feet from adjacent dwellings.
Minimum setbacks may be reduced and lot sizes below 5,000 square feet may be approved if a t'r
clusterms? of lots is provided. These potential incentives are to be reviewed upon the submittal of
a new Concept Plan pursuant to Section 3.3.
I,I
3.5.2. For the Residential Use Areas designated "Up to Three Units per Acre", the
permitted uses include single-family dwellings and two-family dwellings* as follows:
Y;
1;
Minimum Lot Size: 10,000 square feet
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Front Setback: 20 feet
Rear Setback: 20 feet
Side Setback: 5 feet (additional 2.5 feet per story)
Street Side Setback: 20 feet
* Two-family dwellings may only be permitted in areas directly
adjacent to two-family dwellings and multi -family dwellings located
within the "Up to 8 Units per Acre" area.
3.5.3. For the Residential Use Areas designated "Up to Two Units per Acre", the
permitted uses include single-family dwellings:
Minimum Lot Size: 17,000 square feet
Front Setback: 25 feet
Rear Setback: 20 feet
Side Setback: 7.5 feet (additional 5 feet per story)
Street Side Setback: 20 feet
3.5.4. For the Residential Use Areas designated "One Unit per Acre", the permitted
uses include single-family dwellings and two-family dwellings:
Minimum Lot Size: 37,000 square feet*
Front Setback:
30 feet
Rear Setback:
30 feet
Side Setback:
15 feet
Street Side Setback:
30 feet
* Lots adjacent to the boundaries of therSandy Court and Winward Deleted: Foxtail Subdivision,
--------------------
River Heights Subdivision shall not be less than 43,560 square feet
in size.
3.6. Eagle shall not issue any development permits except permits related to the golf course
and related operations set forth in Section 1 above, for any portion of the MU-DA (Commercial) Use
Area or MU-DA (Neighborhood Business) Use Areas until Eagle approves the following pre -
development obligations for such use area:
3.6.1. Applicant shall develop and submit a conceptual site plan ("Conceptual Site
Plan") outlining future phased developments. The Conceptual Site Plan shall be generally
consistent with the Concept Plan and shall illustrate the,,specific locations of major_improvements
such as buildings, parking areas, primary drive isles, outdoor plaza areas and perimeter
landscaping. Upon review and approval in accordance with the procedures identified in
Section 7.1 (which shall occur prior to the issuance of a zoning certificate or final plat approval in
such use area), the Conceptual Site Plan shall be attached hereto as Exhibit C-2 and become a part
of this Agreement.
_-_---� Deleted: general
3.6.2. Applicant shall develop and submit landscape guidelines, site design guidelines
and architectural guidelines to govern future phased developments. Such guidelines shall
complement landscaping, site design and architecture of the adjacent Eagle Island Marketplace
development, and shall be generally consistent with the design intent identified on Exhibit D.
Upon review and approval in accordance with the Design Review procedures set forth in Eagle
City Code (which shall occur prior to the issuance of a zoning certificate or final plat approval in
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such use area), such guidelines shall be attached hereto as Exhibit E, Exhibit F and Exhibit G,
respectively, and become a part of this Agreement.
3.6.3. Applicant shall develop and submit conceptual plans for the design, size, location
and future phasing of outdoor plaza areas to facilitate gathering points for users of such area. The
design for the plaza areas shall include items such as seating areas, artwork, fountains,
landscaping, drinking fountains, bike racks or similar features designed to establish a common
theme or identity to such areas, and shall be generally consistent with the Conceptual Site Plan
and the design intent identified as Exhibit D. The conceptual plan shall be reviewed and
approved in accordance with Design Review procedures set forth in the Eagle City Code prior to
the issuance of a zoning certificate or final plat approval in such use area. The final design of
each plaza area shall be reviewed concurrently with the review of the associated commercial
areas, and each plaza area shall be constructed concurrently with associated commercial areas.
3.6.4. Applicant shall develop and submit a master signage plan which includes
exhibits and guidelines necessary to achieve a visually coordinated, balanced and appealing
signage environment. The master sign plan shall include monument and wall sign styles, themes,
and locations. It is the intent for the master sign plan to govern all signage within the Use Area in
accordance with Eagle City Code § 8-2A. The master sign plan shall be reviewed and approved in
accordance with the Design Review procedures in Eagle City Code prior to the issuance of a
zoning certificate or final plat approval.
3.6.5. Applicant shall provide for and include a cross access between all commercial
lots within the development. The cross access agreement shall be reviewed and approved by
Eagle's city attorney for both form and content prior to issuance of a zoning certificate. The cross
access agreement shall be executed and recorded prior to the issuance of a zoning certificate
3.6.6. Applicant shall construct a minimum 6-foot concrete sidewalk along Chinden
Boulevard in a meandering pattern compliant with the Americans with Disabilities Act.
3.6.7. Applicant shall develop and submit a conceptual plan for the design and phasing
of (i) pathways (sidewalks) within the interior parking lots of the MU-DA (Neighborhood
Business) Use Area and MU-DA (Commercial) Use Area to provide pedestrian interconnectivity
to all portions of such areas to reduce the need to drive from store to store and to promote
enhanced pedestrian movement; (ii) shelters, "kiosks" pergolas, etc, in appropriate locations to
provide refuge and visual relief to pedestrians traversing the parking lot, and (iii) pedestrian
connectivity between adjacent residential and commercial uses. The conceptual plan shall be
generally consistent with the Conceptual Site Plan and reviewed and approved in accordance with
the Design Review procedures in Eagle City Code prior to the issuance of a zoning certificate or
final plat approval. The final design of each feature area shall be reviewed concurrently with the
review of the associated commercial areas, and each feature area shall be constructed
concurrently with associated commercial areas.
3.7. City and Applicant rec=ize that havin adequate sewer- -capacity-- for --approved
developments is critical to sustaining orderly and appropriate growth. Accordingly, Eagle shall, pursuant
to the goals and objectives set forth in Section 4.7 of the Eagle Comprehensive Plan, continue to in
the capacity, planned expansions and planned improvements of Eagle Sewer District in relation to the
land use entitlements approved by City. City shall not approve future land use entitlements without first
determining that sufficient sewer capacity will remain available for the planned development of the
Propert
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Deleted: Except as otherwise provided
in this Agreement, all future development
of the Property shall comply with Eagle
City Code as it exists in final form at the
time this Agreement is recorded
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3.8. Prior to submittal of any final plat application for any portion of the Property, such
portion of the Property shall (i) be annexed into Eagle Sewer District's boundaries and shall comply with
all applicable Eagle Sewer District's regulations and conditions, (ii) have been issued any required
approval letters from Idaho Division of Environmental Quality, and/or Central District Health. Further,
prior to issuance of a building permit for any non-residential buildings that are not the subject of a final
plat application, Applicant shall provide proof of adequate sewer service to the proposed habitable
buildings by causing a letter of approval to be provided to Eagle from Eagle Sewer District.
3.9. Concurrently with the recordation of a final plat, or prior to the issuance of a Certificate
of Occupancy for any non-residential building, for any portion of the Property, the Applicant shall record
conditions, covenants and restrictions ("CC&Rs") against such portion of the Property that contain at
least the following provisions:
An allocation of responsibility for maintenance, in perpetuity, of all community
and privately owned landscape and amenities;
Establishment of an architectural control board for all buildings prior to building
permit;
An allocation of responsibility for the operations and maintenance of the
pressurized irrigation system for the Property.
Such CC&Rs shall be reviewed and approved by Eagle's city attorney for both form and content to assure
compliance with the conditions required herein prior to the submittal of any final plat application for the
portion of the Property.
3.10. Prior to the issuance of any Certificate of Occupancy for any building within any Use
Area (except golf course -related buildings), Applicant will construct such normal and customary phased
improvements and satisfy such normal and customary conditions required by the Ada County Highway
District and the Idaho Transportation Department for such Use Area. In the design of these
improvements, consideration shall be given to US 20/26 corridor studies that have been completed and
applicable Access Management Plans that have been adopted The City supports the continued use of the
existing full commercial access to Chinden Boulevard, and therefore nothing herein shall be construed to
require Applicant to comply with any condition that requires the relocation, restriction or termination of
the existing full commercial access to Chinden Boulevard. These phased improvements include, but are
not limited to, dedication of right-of-way for future road widening, roadway and intersection
improvements commensurate to development traffic impacts, construction of sidewalks along Chinden
Boulevard, and construction of driveways in the locations and configurations as determined by the
aforementioned entities or as otherwise may be required herein. ,The obligations set forth herein are
- - - --- -- _- r - mp- -
without prejudice or waiver of any right to compensation for such dedications oirove--m-ents.-
Approval letters from these entities approving the design of the required improvements shall be provided
to the City prior to the issuance of aj3uild-ing Permit.
Deleted: In the design of these
improvements consideration shall be
given to US 20/26 Corridor studies
having been completed or in progress and
applicable Access Management Plans
having been adopted or in progress
3.11. Due to the high visibility of the Chinden Boulevard, special attention shall be given to the Deleted: Certificate of Occupancy
design, configuration and position of the buildings abutting the roadways The layout of such buildings
shall be generally consistent with the building layout of the adjacent Eagle Island Marketplace project.
Drive aisles should be designed and located to complement the design and layout of drive aisles in the
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adjacent Eagle Island Marketplace project. All lots and buildings shall be configured
J g P P J g guyed to screen any and all
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Chinden Blvd. The side of any buildings facing the roadways shall be provided with architectural design
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elements and architectural relief, as may be approved by the Eagle Design Review Board.
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3.12. All buildings shall be set back a minimum of 105-feet from the centerline of Chinden
Boulevard to accommodate future corridor widening.
3.13. Any access that may be approved to Chinden Boulevard for the MU-DA (Neighborhood Deleted: T
Business) Use Area and MU-DA (Commercial) Use Area shall be designed to dimi_nishany potential Formatted: Font: (Default) n
impacts to the residential uses both existing and proposed within and adjacent to the site Internal New Roman
roadways connecting between any residential and non-residential areas shallbe designed in a manner to
reduce cut -through traffic to create lower vehicle speeds to act as a delineator between dissimilar uses Deleted: are expected to take access
and to emphasize the safety and predominance of the pedestrian from the existing commercial access to
a ------_ - Chinden Boulevard
3.14. Wilson Properties shall work with the neighbors immediately west of the Foxtail Parcel
to locate vehicular and pedestrian cross access approximately as shown on the Concept Plan. The
opening and use of such cross access requires a (i) mutually acceptable reciprocal easement agreement
between the owners, (ii) Wilson Properties' confirmation that such cross access will not pose access,
traffic, safety or other adverse issues for the Foxtail Parcel or the Fox Run Parcel and (iii) a traffic study
showing no adverse impact on the Foxtail Parcel's commercial access.
3.15. Wilson Properties shall work with the neighbors to the east and west of the north half of
the Foxtail Parcel to coordinate location of not less than one road connection suitable for a future road
between Linder Road and Meridian Road. Such road connection shall beconstructed to the roadway Formatted: Font: (Default) Times
classification and sWcification-required by ACHD s Policy Manual for- the anticipated traffic volumes. New Roman
-- -----------•---------------------------- -
If a collector road is required front on housing shall be prohibited with appropriate buffers incorporated Deleted: need not be a collector road
along both sides of the roadway. unless
Deleted: and warranted b
3.16. The Applicant shall continue to work with the City of Eagle, ITD, ACHD and other Deleted: y
property owners in the northeast quadrant of the US 20/26 and Linder Road intersection to support
interconnectivity with the goal of fostering internal circulation that will reduce local traffic use of US
20/26.
3.17. The development shall include buffers pursuant to Eagle City Code 8-3-3 D as it may be
amended from time to time) or as required herein for any commercial uses located adjacent to any
property with a residential zoning designation. All service areas (loading bays, trash compactors, etc.)
shall be designed to lessen impacts (noise, glare, odors, etc) upon adjacent residential uses. The storage of
materials, packing supplies, and merchandise is prohibited within the service -drive aisle and service areas.
Tasteful displays of merchandise may be permitted outdoors if approved through a development
application.
3.18. Any building with a proposed drive-thru shall be designed in such a way as to
compliment the entirety of the Property and if located near residential uses or a public way shall provide a
minimum forty-eight inch (48") grade separated berm and/or screen wall with vegetation adjacent to the
drive-thru lanes to reduce the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights
Design
and vehicle cueing). gn styles exceeding the standard utilitarian look of a building with adrive-thru
Deleted: The
shall be required. The City may place reasonable limits on the hours of operation of all drive-thru uses to
Deleted: Foxtail
ensure compatibility with adjacent uses.
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3.19. Applicant_ provide bus stops as maybe required by the City of Eagle. The location -
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and placement of the stops) will be done in conjunction with other property owners at the US 20/26 and
and
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Linder Road intersection, in cooperation with ITD, ACHD, Eagle, and the city of Meridian. Applicant.,,"
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will pay it's fair share of reasonable costs proportionately with other developments.
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3.20. Deliveries shall be conducted from the hours of 7:00 am to 10:00 pm, all other operations
of the site shall comply with Eagle City Code "Loud Amplification Devices; Noise Ordinance" Section 4-
9 or as thereafter amended.
3.21. All non-residential (commercial) mixed uses,shall be_sublect todark-ski lighting, noise, Deleted: may
or related limitations in compliance with Eagle City Code, as it exists at the time such applications are Deleted: reasonable
made o address additional concerns that may arise.
��--------- —---------------------- ------------------------------------------------------------------------------------- ttstage
eted: at�thedesign review approval
3.21 The Property is currently located within the Meridian Fire District and, therefore,
Applicant shall work with the Meridian Fire District for all fire service/protection issues, unless annexed
into the Eagle fire district service area.
ARTICLE IV
DEFAULT
4.1. If Applicant fails to comply with the commitments set forth herein within the time
periods set forth herein, Eagle shall have the right, after thirty (30) days of written notice of such failure
to Applicant and without prejudice to any other rights or remedies, to cure such violation, enjoin such
violation and otherwise enforce the requirements contained in this Agreement, or to terminate the
Agreement; provided, however, any default that occurs on a portion of the Property shall affect only such
portion of the Property in default and shall not affect other portions of the Property.
4.2. If required to proceed in a court of law or equity to enforce any provision of this
Agreement, the enforcing party shall be entitled to recover all direct out-of-pocket costs so incurred to
cure or enjoin such default and to enforce the commitments contained in this Agreement, including
attorney's fees and court costs.
4.3. If Eagle elects to terminate this Agreement pursuant to Section 4.1 above as to any
portion of the Property in default, Eagle may change the zoning designation of the Property as provided
by law to A-R Agricultural -Residential District in which a golf course and related services shall be a
permitted use.
ARTICLE V
UNENFORCABLE PROVISIONS
If any term, provision, commitment, or restriction of this Agreement or the application thereof to
any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
instrument shall nevertheless remain in full force and effect and that portion determined to be invalid or
unenforceable shall be re -negotiated in good faith between Applicant (or other appropriate party) and
Eagle.
ARTICLE VI
ASSIGNMENT AND TRANSFER
After its execution, this Agreement shall be recorded in the office of the County Recorder at the expense
of the Applicant. Each commitment and restriction on the Project shall be a burden on the Property, shall
be appurtenant to and for the benefit of the Property, and shall run with the land. This Agreement shall be
binding on the Applicant and owners, and their respective heirs, administrators, executors, agents, legal
representatives, successors, and assigns; provided, however, that if all or any portion of the Project is
sold, the seller shall thereupon be released and discharged from any and all obligations in connection with
that portion of the Property sold arising under this Agreement. The new owner of the Property or any
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portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's
sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement
with respect to the Property or portion thereof.
ARTICLE VII
GENERAL PROVISIONS
7.1. Amendments. Any alteration or change to this Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509 and as required by
Eagle City Code.
7.2. Exceptions and Variances. Nothing in this Agreement shall be construed to prevent
Applicant, nor shall Applicant otherwise be prevented from seeking, by appropriate application thereof,
approval for such waivers, exceptions or variances as may be authorized by the provisions of the Eagle
City Code.
7.3. Paragraph Headings. This Agreement shall be construed according to its fair meaning and
as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute
a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the
singular or plural number shall each be deemed to include the others wherever and whenever the context
so dictates.
7.4. Choice of Law. This Agreement shall be construed in accordance with the laws of the
State of Idaho in effect at the time of the execution of this Agreement. Any action brought in connection
with this Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho.
7.5. Notices. Any notice that a party may desire to give to another party must be in writing
and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt
requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the
party to whom the notice is directed at the address of such party set forth below.
Eagle:
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
With Copy to: Susan E. Buxton
Moore Smith Buxton & Turcke, Chtd.
950 W. Bannock Street, Suite 520
Boise, Idaho 83702
Wilson Properties:
Wilson Properties L.P.
1101 W. River Street, Suite 150
PO Box 2793
Boise, Idaho 83701
With Copy to: Franklin G. Lee
Givens Pursley LLP
601 W. Bannock Street
PO Box 2720
Boise, Idaho 83701
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Wilson Holdings:
With Copy to:
Wilson Holdings LLC
1101 W. River Street, Suite 150
PO Box 2793
Boise, Idaho 83701
Christopher J. Beeson
Givens Pursley LLP
601 W. Bannock Street
PO Box 2720
Boise, Idaho 83701
or such other addresses and to such other persons as the parties may hereafter designate as provided
herein. Any such notice shall be deemed delivered upon personal delivery twenty-four (24) hours after
deposit with Federal Express or other reputable overnight delivery service, or three (3) days after deposit
in the United States mail, if sent by mail pursuant to the foregoing.
7.6. Effective Date. This Agreement shall be effective upon the execution and recordation of
this Agreement.
7.7. Termination. This Agreement shall terminate upon Applicant's fulfillment of the
"Conditions of Development" identified in Article III above.
7.8. Authority to Enter Into Agreement. By the execution and delivery of this Agreement by
the parties, and the performance of their covenants and obligations therein, the parties acknowledge such
action has been duly authorized by all necessary corporate (or LLC) action, and necessary corporate (or
LLC) resolution(s) have been executed for the undersigned representatives to sign this Agreement and so
bind their respective parties. An affidavit by Wilson Properties agreeing to submit the Foxtail Parcel to
this Agreement is attached hereto as Exhibit H and an affidavit by the Wilson Holdings agreeing to
submit the Fox Run Parcel to this Agreement is attached hereto as Exhibit I.
[ end of text; signature page follows ]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
Eagle: CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State
of Idaho
By:
Phil Bandy, Mayor
ATTEST:
By:
Sharon K. Moore, City Clerk
Wilson Properties: WILSON PROPERTIES L.P., an Idaho limited
partnership
By: Fort Wilson, Inc., an Idaho corporation, its
General Partner
By:
Charles H. Wilson, President
Wilson Holdings: WILSON HOLDINGS LLC, an Idaho limited
liability company
By: Fort Wilson, Inc., an Idaho corporation, its
Manager
By:
Charles H. Wilson, President
Schedule of Exhibits
Exhibit A:
Legal Description of the Foxtail Parcel
Exhibit B:
Legal Description of the Fox Run Parcel
Exhibit C-1:
Concept Plan
Exhibit C-2:
Conceptual Site Plan
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Design Intent
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Exhibit E:
Landscape Guidelines
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Design Guidelines
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Architectural Guidelines
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Affidavit of Legal Interest for Wilson Properties L.P.
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Exhibit I:
Affidavit of Legal Interest for Wilson Holdings LLC
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t1
STATE OF IDAHO )
: ss.
County of Ada )
On this day of , 2010,_before the undersigned notary public in and Deleted: 9
for the said state, personally appeared PHIL BANDY, known or identified to me to be the Mayor of the
City of Eagle and the person who executed the foregoing instrument on behalf of said City and
acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO )
:ss.
County of Ada )
On this day of , 2010, before me the undersigned, a Notary Public ------------------
Deleted: 9
in and for said State, personally appeared CHARLES H. WILSON, known or identified to me to be the
President of For Wilson, Inc., an Idaho corporation, the General Partner in Wilson Properties L.P., an
Idaho limited partnership, the general partners who subscribed said limited partnership name to the
foregoing instrument, and acknowledged to me that such corporation executed the same in said limited
partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
X,
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STATE OF IDAHO )
: ss.
County of Ada )
On this day of , 201 Q before me, -the -undersigned, -a-Notary Public Deleted: 9
in and for said State, personally appeared CHARLES H. WILSON, known or identified to me to be the
President of For Wilson, Inc., an Idaho corporation, the General Partner in Wilson Properties L.P., an
Idaho limited partnership, the general partners who subscribed said limited partnership name to the
foregoing instrument, and acknowledged to me that such corporation executed the same in said limited
partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
N'I
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EXHIBIT A
Legal Description of Foxtail Parcel
M1,
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EXHIBIT B
Legal Description of Fox Run Parcel
Lot 1 in Block 2 of Foxtail Subdivision, according to the
official plat thereof filed in Book 73 of Plats at Pages
7563-7564, official records of Ada County, Idaho
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EXHIBIT C-1
Concept Plan
Attached; One (1) Page ]
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EXHIBIT C-2
Conceptual Site Plan
Pursuant to Section 3.6.1, Applicant will develop and submit a
conceptual site plan ("Conceptual Site Plan") outlining future phased
developments. The Conceptual Site Plan shall be generally consistent
with the Concept Plan and shall illustrate the general locations of major
improvements such as buildings, parking areas, primary drive isles,
outdoor plaza areas and perimeter landscaping. Upon review and
approval in accordance with the procedures identified in Section 7.1
(which shall occur prior to the issuance of a zoning certificate or final
plat approval in such use area), the Conceptual Site Plan shall be
attached as this Exhibit C-2 and become a part of this Agreement.
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EXHIBIT D
Design Intent
The design intent for the development is illustrated on the following narratives and the attached photo -
narrative sheets.
No. Subject Description
Architectural Design The architectural design of commercial structures will be
developed in conjunction with the anchor tenants, not on a
speculation basis, and will complement (but not copy) the design
of the structures on adjacent commercial areas in Eagle Island
Marketplace. Please see the "Architectural Design" photo -
narrative attached as Sheet A and the "Plaza Design Elements"
photo -narrative attached as Sheet B.
Building Materials Materials and finishes will be selected for quality, sustainability
and appearance, with special consideration building materials
found in nature or in historic Eagle. The building material theme
will be centered around brick. Brick will be used in both
horizontal and vertical applications and utilized as accents on
side and rear walls of buildings Other materials will be used as
accents in structures and/or landscaping, such as native stone,
stucco, concrete and metal. Please see the "Architectural Design"
photo -narrative attached as Sheet A and the "Plaza Design
Elements" photo -narrative attached as Sheet B.
3. Perimeter Landscaping Perimeter areas to be landscape as appropriate for adjacent uses.
Along Chinden Blvd the landscaping will be compatible with
Eagle Island Marketplace. Commercial areas will be landscaped
to partially obscure parking fields yet permit the important sight
lines for recognition of tenant signage and customer entries.
Along streets serving and/or fronting on residential and
transitioning from business uses, the buffering on the residential
side of the street shall be sight obscuring landscaping with 3 foot
high berms. Please see the "Buffering" photo -narrative attached
as Sheet C.
Parking Area Parking areas and internal drive aisles will be landscaped with
Landscaping trees and upright shrubs to partially obscure parking fields yet
permit important sight lines. Streets forming a transition to
residential will be designed with sight obscuring landscaping,
which may include a fence or berm. Please see the "Buffering"
photo -narrative attached as Sheet C and the "General Design
Elements in Commercial/Neighborhood Business Use Areas"
photo -narrative attached as Sheet D.
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Lighting The project will incorporate pedestrian oriented lighting that
meets or exceeds Eagle's night -sky requirements. Lighting will
be designed to augment the sense of safety in areas that people
frequent at night.
Water Features One of the most inviting elements of nature is water, whether
formal and symmetrical or playful and interactive. Whether a
focal point, or center piece, all ages are drawn to interact even
when the feature is artwork. Water features will be an integral
element of design in our project to create a sense of place in the
public sphere. Please see the "Public Water Feature Design
Elements" photo -narrative attached as Sheet E and the "Common
Area Water Features" photo -narrative attached as Sheet F.
Vehicular Circulation The project will be designed to facilitate functional
interconnectivity with adjacent properties to reduce local traffic
use of US 20/26.
Pedestrian Experience The pedestrian experience will be important to the development.
The development will include gathering spaces and interest
points, and will be connected with the pedestrian amenities
provided at Eagle Island Marketplace and the adjacent
residential. Please see the "Common Area Water Features"
photo -narrative attached as Sheet F, the "Common Area Design
Elements" photo -narrative attached as Sheet G and the "Plaza
Design Elements" photo -narrative attached as Sheet B.
Transitional Residential Transitional residential will be designed to provide a suitable
transition from commercial areas to lower density residential
areas through multi -family structures that complement the
character of lower density residential structures, such as
rowhouses, patio homes and "mansion" 4-plexes. Please see the
"Transitional Residential" photo -narrative attached as Sheet H.
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EXHIBIT E
Landscape Guidelines
Pursuant to Section 3.6.2, Applicant shall develop and submit landscape
guidelines to govern future phased developments. Such guidelines shall
complement the landscaping of the adjacent Eagle Island Marketplace
development, and shall be generally consistent with the design intent
identified on Exhibit D. Upon review and approval in accordance with
the Design Review procedures set forth in Eagle City Code (which shall
occur prior to the issuance of a zoning certificate or final plat approval in
such use area), such guidelines shall be attached as this Exhibit E and
become a part of this Agreement.
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EXHIBIT F
Design Guidelines
Pursuant to Section 3.6.2, Applicant shall develop and submit site design
guidelines to govern future phased developments. Such guidelines shall
complement the site design of the adjacent Eagle Island Marketplace
development, and shall be generally consistent with the design intent
identified on Exhibit D. Upon review and approval in accordance with
the Design Review procedures set forth in Eagle City Code (which shall
occur prior to the issuance of a zoning certificate or final plat approval in
such use area), such guidelines shall be attached as this Exhibit F and
become a part of this Agreement.
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EXHIBIT G
Architectural Guidelines
Pursuant to Section 3.6.2, Applicant shall develop and submit
architectural guidelines to govern future phased developments. Such
guidelines shall complement the architecture of the adjacent Eagle Island
Marketplace development, and shall be generally consistent with the
design intent identified on Exhibit D. Upon review and approval in
accordance with the Design Review procedures set forth in Eagle City
Code (which shall occur prior to the issuance of a zoning certificate or
final plat approval in such use area), such guidelines shall be attached as
this Exhibit G and become a part of this Agreement.
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EXHIBIT H
Affidavit of Wilson Properties, L.P. for Foxtail Parcel
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
ss.
County of Ada )
CHARLES H. WILSON, who being first duly sworn under oath, deposes and says:
1. I am President of Fort Wilson, Inc., who is the General Partner of Wilson Properties L.P.,
whose mailing address is PO Box 2793, Boise, Idaho 83701 ("Wilson Properties").
2. Wilson Properties is the fee simple owner of the parcel of real property described on
Exhibit 1, attached hereto (the "Property").
3. Wilson Properties authorizes the submission of the Property to certain Development
I Agreement dated the day of , 201 0,by_and-between the- City - -- -Eagle, - -
of a -municipal Deleted:9
- - ---------------- - - -
corporation in the State of Idaho, Wilson Properties L.P., an Idaho limited partnership and Wilson
Holdings LLC, an Idaho limited liability company (the "Agreement").
DATED this day of , 2010._ _ iDeleted: 9
WILSON PROPERTIES, L.P., an Idaho limited partnership
By: FORT BOISE, INC., an Idaho corporation,
its General Partner
By:
Charles H. Wilson, President
SUBSCRIBED AND SWORN to before me this day of 12010,
Deleted: 9
Notary Public for Idaho
Residing at , Idaho
My Commission expires
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EXHIBIT I
Affidavit of Wilson Holdings LLC for the Fox Run Parcel
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
ss.
County of Ada )
CHARLES H. WILSON, who being first duly sworn under oath, deposes and says:
I am President of Fort Wilson, Inc., who is the Manager of Wilson Holdings LLC, whose mailing
address is PO Box 2793, Boise, Idaho 83701 ("Wilson Properties").
3. Wilson Holdings is the fee simple owner of the following described parcel of real
property (the "Property"):
Lot 1 in Block 2 of Foxtail Subdivision, according to the
official plat thereof filed in Book 73 of Plats at Pages
7563-7564, official records of Ada County, Idaho
3. Wilson Properties authorizes the submission of the Property to certain Development
Agreement dated the day of , 201(, by_and between the City of Eagle, a municipal _ Deleted:9
corporation in the State of Idaho, Wilson Properties L.P., an Idaho limited partnership and Wilson
Holdings LLC, an Idaho limited liability company (the "Agreement").
DATED this day of , 201q_____ -- Deleted: 9
WILSON HOLDINGS LLC, an Idaho limited liability
company
By: FORT BOISE, INC., an Idaho corporation,
its Manager
SUBSCRIBED AND SWORN to before me this
Charles H. Wilson, President
day of , 2010
Notary Public for Idaho
Residing at , Idaho
My Commission expires
P
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Recording Requested By and
When Recorded ]return to:
Planning and Zoning Administralor
City o1' I agle
11.0. Box 1520
Eagle., 11) 83616
DEVELOPMENT AGREEMENT
RECEIVED & FILED
CITY OF EAGLE
FEB 0 2010
File:
Route to:
For Itccarcti3Ip Purposcs Do
Not Write Above "this Line
This Development Agreement (this "Agreement") is made as of this day of , 2010
("Effective Date") by and between the City of Eagle, a municipal corporation in the State of Idaho
("Eagle"), Nilson Properties L.P., an Idaho limited partnership ("Wilson Properties") and Nilson
Holdings LLC, an Idaho limited liability company ("Nilson Holdings"). Wilson Propeales and Wilson
Holdings are sometimes collectively referred to herein as the "Applicant".
WHEREAS, Wilson Properties owns that certain 78.79-acre parcel of real property in
unincorporated Ada County located at 990 W. Chinden Boulevard, Eagle, Idaho and legally described on
Exhibit_A attached hereto (the "Foxtail Parcel,,).
WHEREAS, Wilson Holdings owns that certain 5.007-acre parcel of real property in
unincorporated Ada County located at 6479 N. Fox Run Avenue, Eagle, Idaho and legally described on
Exhibit B attached hereto (tile "Fox Run Parcel").
WHEREAS, the Foxtail Parcel is designated on the Future Land Use Map of Eagle's
Comprehensive Plan as "Public/Semi-Public" and the Fox Run Parcel is designated on the Future Land
Use Map of Eagle's Comprehensive Plan as "Transitional Residential".
WI- ER. AS, the Foxtail Parcel and the Fox Run Parcel are currently being used for a golf course
and related operations.
WHEREAS, Wilson Properties and Wilson Holdings have developed a Concept Plan (with access
alternatives) for the future development of the Foxtail Parcel and the Fox Run Parcel in an integrated and
corrlmtrliity-minded manner, a copy of which is attached hereto as Exhibit CWI (tile "Concept Plan").
WHEREAS, in furtherance of the above, Wilson Properties and Wilson Holdings have applied
for (i) Comprehensive Plan map and text amejidjnents to change the Comprehensive Plan map
designations for the Property from Public/Serni-Publie and Transitional Residential to Mixed Use, and for
certain amendments to the text of the Rijn View Planning Area (Eagle File No. CPA-07-08), (ii)
annexation of the Property into Eagle once it becomes adjacent to Eagle (Eagle File No. A.-05-08) and
initial zoning of the Property as MU-DA (Mixed Use with Development Agreement) subject to a
development agreement (Eagle File No. R7-11-08) (collectively, the "Applications").
WHEREAS, Wilson Properties and Wilson Moldings are proposing this Agreement to (i) ensure
that the Foxtail Parcel and the Fox Run Parcel may continue to be used as a golf course until such time as
the owners thereof elect to develop thejn, and 00 ensure that any future development on the Foxtail
Parcel and the Fox Run Parcel is consistent with the Concept Plan.
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WFIEREAS, Eagle's City Cotlncil has, after public hearings and deliberations, determined that
the Applications, Concept Plan and this Agreement are in the best interest of Eagle as they allow the
]~oxtail Parcel and the Fox Run Parcel to be developed in the future in a nIanner that is in harmony with
the existing conlnlunity;
WHERAS, pursuant to Eagle's approval of the Applications, Eagle has (1) changed the Property's
designations on the Comprehensive Plan's Future Land Use Map fi•om Public/Soini-Public and
TraIlsltlonal Residential to Mixed Use, (ii) annexed the Property into Eagle, and (iii) dosignated the
zoning of the Property to be MU-DA (]Mixed Use with Development Agreement) subject to this
Agreement;
W1lERAS, Eagle's City Council supports and encourages Eagle's Planning and Zoning Staff, the
Applicant, Capitol Development, Inc. and the developers of Eagle Island Marketplace to work together
cooperatively to address issues such as traffic, minor site plan modifications, landscaping and berming to
integrate and coordinate the various projects in the subject quadrant into a master planned community;
and
NOW, THEREFORE, Wilson Properties, Wilson 14oldings and Eagle desire to enter into this
Agreement, and for and in consideration of the mutual covenants contained herein, it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
Tills Agreement Is made pursuant to and in accordance with the provisions of Idaho Code 67-
6511A and Eagle City Code, Title S, Chapter 10. An affidavit of all owners of the Property agreeing to
submit the Property to this Agreement and to the provisions set forth in Idaho Code Section 67-651 l A
and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE II
ANNEXATION/ZONING
Applicant hereby collserlts to the annexation of the entire Property by Eagle provided that Eagle,
concurrently with adoption of any annexation ordinance affecting the Property, adopts an ordinance
amending the Eagle Zoaling Ordinance to zone the Property to MU-DA (MIxed Use with Development
Agreement) and executes and records this Agreement in the real property records of Ada County, Idaho.
ARTICLE III
CONDITIONS ON DEVELOPMENT
3.1. Golf coarse operations 3nay continue o31 the Property, or suet) portions of the Property,
until Applicant elects to abandon such operations. Nothing in this Agreement shall be construed or
interpreted to li'tlit the use of the Property for a golf course, including present and future appurtenant
operations (e.g., driving range, retail and restaurant sales in its clubhouse, golf lessons, social events,
etc.). Fuji.her, nothing shall be construed or interpreted as limiting or preventing the Applicant from
securing and using entitlement permits for additional golf course related structures, improvements or
operations.
3.2. Nothing in this Agreement shall require Applicant to fulfill its pre -development
obligations with respect to any Use Area until such time as Applicant elects to abandon golf course
operations in such Use Area (as defined in Section 3.4 below); provided, however, Applicant shall not be
entitled to pursue development of ally Use Area pursuant to this Agreement until its pre -development
obligations with respect to such Use Area have been completed.
Page 2 of 26
C!RrPrntl>IICiNI)A1SU�GL'�.G197U�i s_noc
3.3. All future development of the Property shall be generally consistent with the Concept
Plan (as amended from time to time); provided, however, it is the intent of this Agreement to allow
flexibility at the time a detailed plan and platting are submitted to Eagle so long as the general intent of
the Concept Plan and the requirements set forth in this Agreement are met. The Concept Plan is not a
fixed development plan but only Applicant's current C41ICept for the future development of the Property.
Eagle understands that Applicant does not have a particular project in mind at this time, so the Concept
Plan only represents Applicant's best guess of appropriate f€iture development for the Property once it is
no longer feasible or desirable to operate a golf course on the Property. Further, .Eagle understands that a
number of factors may make it convenient or desirable to change the Concept Plan from time to time,
including, but not limited to, development of adjacent properties, location of/restrictions on access to
Chinden Boulevard, locations of roads to adjacent properties, and market conditions. Accordingly, if the
Applicant finds it convenient or desirable to change the Concept Plan in the future, Eagle shall give any
proposed changes from Applicant fair consideration. If Applicant requests a change to the Concept Plan,
the City shall hold a public hearing before the City Council to address consider such changes to the
Concept Plan and any changes thereafter proposed to said Plan. Except as otherwise approved by the City
Council, Applicant will develop the Property subject to the conditions and limitations set forth in this
Agreement. Applicant will submit applicable applications regarding floodplain development permit
review, design review, preliminary and final plat reviews, and/or any conditional use permits, if
applicable, and any other applicable applications as may be required by Eagle City Code, which shall
comply with Eagle City Code, as it exists at the time such applications are made except as otherwise
provided within this Agreement.
3.4. The uses areas indicated on the Concept Plan (referred to herein as "Use Areas") shall be
subject to the following use, size and/or density limitations:
3.4.1. For the "MU-DA (Cominercial) Use Area" consisting of 23.4-acres as indicated
on the Concept Plan, the permitted uses shall be all those that are permitted or conditional uses
identified under the Mixed Use District in Eagle City Code 8-2-3 except for the following uses
which are prohibited:
• Ambulance Services
• Cemetery
• Circuses and Carnivals
• Drive in Theater
• Hospital
• Kemael
• Mortuary
* Nursing/Convalescent Home
If the permitted and conditional uses in the MU zonixag designation are expanded, such expanded
uses shall be allowed as permitted or conditional uses as the case may be. Applicant
acknowledges that certain uses may be restricted by then available sewer capacity. The MU-DA
(Commercial) Use Area shall be limited to 210,000 square feet of enclosed building area (i.e.,
enclosed with walls and roof), with no single enclosed building area greater than 120,000 square:
feet in size and no structure abutting Chinden Boulevard to exceed 20,000 square feet of enclosed
building area. Applicant shall endeavor to locate the following "target uses" in accordance with
the target use areas as depicted on the Concept Plan:
• Computer Store
• Book Store
• Restaurants (including drive thru)
Page 3 of 26
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• Banks/financial institutions (including drive thru)
• Specialty food stores (not greater than 25,000 sq. ft. of floor area)
• Specialty retailers
• Fitness centers
• Sporting goods stores
• Entertainment centers (i.e., movies, games, miniature golf, etc.)
• Home improvement stoI'es
• Furniture Stores
• Retail pharmacies
• Garden centers as secondary use to primary retailer
• Theater
• Feed/seed retail
3.4.2. For the "MUWDA (Neigliborlrood Business) Use Area" consisting of 5.2 acres
as indicated on the Concept Plan, the permitted Uses shall be limited to the following; provided,
however, additional uses may be permitted if a modification to this Agreement is approved by
Eagle:
• Artist Studios
• Banks/financial institutions (including drive thru)
• Bars
• 13eaUty/barber shop
• Bicycle Shops
• Catering service
• Child Care Center
• Daycare Center
• Commercial Entertainment Facility (indoor)
• Communication facilities (with conditional use)
• Drugstore
• Christmas `Free Sales
• Church
• Clinic (medical or dental)
• Club or Lodge
• Coffee/bakery shops
• Convenience store with fuel service
• Electronic sales, service or repair shop
• Fitness Centers and Spas
• Food and beverage services
• Health clubs, spas, weight reduction salons
• Home and business services
• Nursery, plant materials
• Office, business and professional
• Personal improvement
• Personal services
• Personal wireless facilities (height 35 feet or Ie.ss)
• Photographic studio
• Printing and/or blueprinting
Page 4 of 26
C 1tJrPoilbl,GPE)MS11�GLiCF197{}4 S.IJOC
• Professional services/activities
• Restaurant (with drive thru)
• Retail sales (general, pharmacies and medical)
• Specialty Stores
• Storage (enclosed building)
• Travel services
• 'Veterinary Clinic/Domestic Animal )retail (no non -medical boarding)
The MU-DA (Neighborhood Business) Use Area shall be limited to 55,000 square feet of
enclosed building area (i.e., enclosed with walls and roof), with no single building greater than
40,000 square feet in enclosed building area and no structure abutting Chinden Boulevard to
exceed 20,000 square feet of enclosed building area. Applicant shall endeavor to locate the above
permitted uses in accordance with the target use areas as depicted on the Concept Plan. Applicant
acknowledges that certain uses may be restricted by then available sewer capacity.
3.5. The "Residential Use Area" consists of approximately 55.2 acres (inclusive of open
space). The maximum density for the Residential Use Area shall be approximately 2.47 dwelling units
per acre with a maximum of 128-dwelling units, subject to the capacity of the sewer system. Residential
uses in the Residential Use Area shall not require a conditional use permit. Multi -family developments
shall be subject to Design Review approval. All Residential Use Areas except "One Urlit per ,Acre"
areas shall ineet the open space requirements set north in Eagle City Code 8-6-5-2, or as approved herein.
Sidewalks and pathways shall be constructed in appropriate locations to provide pedestrian connectivity
throughout the site. The Residential Use Area shall emphasize transitioning with multi -family and/or
patio home dwellings (higher density) adjacent to non-residential development and single -fancily
dwellings (lower density) located adjacent to existing residential uses. Residential lots are encouraged to
be clustered to provide greater- open space areas. Minimum Lot sizes and Setbacks shall comply with the
following for each area as depicted on the Concept Plan;
3.5.1. For the Residential Use Areas designated as "Up to Tight Units per Acre", the
permitted uses include single-family dwellings, two-family dwellings and inulti-family dwellings
as follows:
Minimum Lot Size: 5,000 square feet
Front Setback: 15 feet to living area / 20 feet to garage
Rear Setback: 15 feet*
Side Setback: 5 feet*
Street Side Setback: 15 feet*
All multi-fainily dwelling buildings shall be located a minimum of
20-feet from adjacent dwellings.
Minimum setbacks may be reduced and lot sizes below 5,000 square feet may be approved if a
clustering of lots is provided. These potential incentives are to be reviewed upon the submittal of
a new Concept Plan pursuant to Section 3.3.
3.5.2. For the Residential Use Areas designated "Up to Three Units per Acre", the
permitted uses include single-family dwellings and two-family dwellings* as follows:
Minimum Lot Size: 10,000 square feet
Front Setback: 20 feet
Rear Setback: 20 feet
Page 5 of 26
C�1thrN))ibKGM)NIS%5'GLh619704 S DOC
Side Setback: 5 feet (additional 2.5 feet per story)
Street Side Setback: 20 feet
* Two-family dwellings may only be permitted in areas directly
adjacent to two-family dwellings and multi -fancily dwellings located
within the "Up to S Units per Acre" area.
3.5.3. For the Residential Use Areas designated "Up to Two Units per Acre", the
permitted uses include single-family dwellings:
Minimum Lot Size: 17,000 square feet
Front Setback: 25 feet
Rear Setback: 20 feet
Side Setback: 7.5 feet (additional 5 feet per story)
Street Side Setback: 20 feet
3.5.4_ For the Residential Use Areas designated "One Unit per Acre", the permitted
uses include single -fancily dwellings and two-farn.ily dwellings:
Mircincunc Lot Size:
Front Setback-
Real- Setback:
Side Setback:
Street Side Setback
37,000 square feet*
30 feet
3 0 feet
15 feet
3 0 feet
* Lots adjacent to the boundaries of the Sandy Court and Winward
River Heights Subdivision shall not be less than 43,560 square feet
in size.
3.6. Eagle shall not issue any development permits except permits related to the golf course
and related operations set forth in Section 1 above, for any portion of the MU-DA (Commercial) Use
Area or MU-DA (Neighborhood Business) Use Areas until Eagle approves the following pre -
development obligations for such use area:
3.6.1. Applicant shall develop and submit a conceptual site plan ("Conceptual Site
Platt") Outlining future phased developments. The Conceptual Site Plan shall be generally
consistent with the Concept flan and shall illustrate the specific locations of major improvements
such as buildings, parking areas, primary drive isles, outdoor plaza areas and perimeter
landscaping. Upon review and approval in accordance with the procedures identified in
Section 7.1 (which shall occur prior to the issuance of a zoning certificate or final plat approval in
such use area), the; Conceptual Site Plan shall be attached hereto as Exhibit _C-2 and become a part
of this Agreement.
3.6.2. Applicant shall develop and submit landscape guidelines, site design guidelines
and architectural guidelines to govern future phased developments. Such guidelines shall
complernent landscaping, site design and architecture of the adjacent Cagle Island Marketplace
development, and shall be generally consistent with the design intent identified on Exhibit D.
Upon review and approval in accordance with the Design Review procedures set forth in Eagle
City Code (which shall occur prior to the issuance of a zoning certificate or final plat approval in
such use area), such guidelines shall be attached hereto as Exhibit E, Exhibit F and Exhibit G,
respectively, and become a part of this Agreement.
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3.6.3. Applicant shall develop and submit conceptual plans for the design, size, location
and future phasing of outdoor plaza areas to facilitate gathering points for users of such area. The
design for the plaza areas shall include items such as seating areas, artwork, fountains,
landscaping, drinking fountains, bike racks or similar features designed to establish a common
therne or identity to such areas, and small be generally consistent with the Conceptual Site flan
and the design intent identified as Exhibit D. The conceptual plan shall be reviewed and
approved in accordance with Design Review procedures set forth in the Eagle City Code prior to
the issuance of a zoning certificate or final plat approval in such use area. The final design of
each plaza area shall be reviewed concurrently with the review of the associated commercial
areas, and each plaza area shall be constructed concurrently with associated commercial areas.
3.6.4. Applicant shall develop and submit a master signage plan which includes
exhibits and guidelines necessary to achieve a visually coordinated, balanced and appealing
signage environment. The master sign plan shall lncludo monument and wall sign styles, themes,
and locations. It is the intent for the master sign plan to govern all signage within the Use Area in
accordance with Eagle City Code § 8-2A. The master sign plan shall be reviewed and approved in
accordance with the Design Review procedures in Eagle City Code prior to the issuance of a
zoning certificate or final plat approval.
3.6.5. Applicant shall provide for and include a cross access between all commercial
lots within the development. The cross access agreement shall be reviewed and approved by
Eagle's city attorney for both form and content prior to issuance of a zoning certificate. The cross
access agreement shall be executed and recorded prior to the issuance of a zoning certificate
3.6.6. Applicant shall construct a rninimum 6-foot concrete sidewalk along Chinden
Boulevard in a meandering pattern compliant with the Americans with Disabilities Act.
3.6.7. Applicant shall develop and submit a conceptual plan for the design and pleasing
of (i) pathways (sidewalks) within the interior parking lots of the MU'-DA (Neighborhood
Business) Use Area and MU-DA (Commercial) Use Area to provide pedestrian interconnectivity
to all portions of such areas to reduce the need to drive from store to store and to promote
enhanced pedestrian movement; (ii) shelters, "kiosks" pergolas, etc, in appropriate locations to
provide refuge and visual relief to pedestrians traversing the parking lot, and (iii) pedestrian
connectivity between adjacent residential and commercial rises. The conceptual plan shall be
generally consistent with the Conceptual Site Plan and reviewed and approved in accordance with
the Design Review procedures in Eagle City Code prior to the issuance of a zoning certificate or
final plat approval. The final design of each feature area shall be reviewed concurrently with the
review of the associated commercial areas, and each feature area shall be constructed
concurrently with associated commercial areas.
3.7. City and Applicant recognize that having adequate sewer capacity for approved
developments is critical to sustaining orderly and appropriate growth. Accordingly, Eagle shall, pursuant
to the goals and objectives set forth in Section 4.7 of the 17agle Comprehensive flan, continue to monitor
the capacity, planned expansions and planned improvements of Eagle Sewer District in relation to the
land use entitlements approved by City. City shall not approve future. land use entitlements without first
determining that sufficient sewer capacity will rernain available for the planned development of the
Property.
3.8. Prior- to submittal of any final plat application for any portion of the Property, such
portion of the Property shall (i) be annexed into Eagle Sewer District's boundaries and shall comply with
all applicable Eagle Sewer ,District's regulations and conditions, (ii) have been issued any required
Page 7 of 26
caUrra,wtiGri�Msa rt.�r i�jroa ; DOC:
approval letters from Idaho Division of Environmental Quality, and/or Central District Health. Further,
prior to issuance of a building permit for any non-residential buildings that are not the subject of a final
plat application, Applicant shall provide proof of adequate sewer set -vice to the proposed habitable
buildings by causing a letter of approval to be provided to Eagle from Eagle Sewer District.
3.9. Concurrently with the recordation of a final plat, or prior to the issuance of a Certificate
of Occupancy for any non-residential building, for any portion of the Property, the Applicant shall record
conditions, covenants and restrictions ("CC&Rs") against such portio)) of the Property that contain at
least the following provisions:
An allocation of responsibility for maintenance, in perpetuity, of all community
and privately owned landscape and amenities;
Establishment of an architectural control board for all buildings prior to building
permit;
An allocation of responsibility for the operations and maintenance of the
pressurized irrigation system for the Property.
Such CC&Rs shall be reviewed and approved by Eagle's city attorney for both form and content to assure
compliance with the conditions required herein prior to the submittal of any final plat application for the
portion of the Property.
3.10. Prior to the issuance of any Certificate of Occupancy for any building within any Use
Area (except golf course -related buildings), Applicant will construct such normal and customary phased
improvements and satisfy such normal and customary conditions required by the Ada County I--lighway
District and the Idaho Transportation Department for such Use Area, In the design of these
improvements, consideration shall be given to US 20/26 corridor studies that have been completed and
applicable Access Management Plans that have been adopted. The City supports the continued use of the
existing full commercial access to Chinden Boulevard, and therefore nothing herein shall be construed to
require Applicant to comply with any condition that requires the relocation, restriction or termination of
the existing full commercial access to Chinden Boulevard. These phased improvements include, but are
not limited to, dedication of right-of-way for future road widening, roadway and intersection
improvements commensurate to development traffic impacts, construction of sidewalks along Chinden
Boulevard, and construction of driveways in the locations and configurations as determined by the
aforementioned entities or as otherwise may be required herein. Tile obligations set forth herein are
without prejudice or waiver of any right to compensation for such dedications or improvements.
Approval letters from these entities approving the design of the required improvements shall be provided
to the City prior to the issuance of a Building Permit.
3.11. Due to the high visibility of the Chinden Boulevard, special attention shall be given to the
design, configuration and position of the buildings abutting the roadways The layout of such buildings
shall be generally consistent with the building layout of the adjacent Eagle Island Marketplace project.
Drive aisles should be designed and located to complement the design and layout of drive aisles in the
adjacent Eagle Island Marketplace project. All lots and buildings shall be configured to screen any and all
loading arras and trash enclosures from view as seen from residential uses or public roadways. Building
placement shall be designed such that parking areas are not concentrated between the buildings and
Chinden Blvd. The side of any buildings facing the roadways shall be provided with architectural design
elements and architectural relief, as may be approved by the Eagle Design Review Board.
3.12. All buildings shall be set back. a minimum of 105-feet from the centerline of Chinden
Boulevard to accommodate future corridor widening.
Page 8 of 26
5 DOC
3.13. Any access that may be approved to Chinden Boulevard for the MU-DA (Neighborhood
Business) Use Area and MU-DA (Commercial) Use Area shall be designed to diminish any potential
impacts to the residential uses both existing and proposed within and adjacent to the site. Internal
roadways connecting between any residential and non-residential areas shall be designed in a manner to
reduce cut -through traffic, to create lower vehicle speeds, to act as a delineator between dissimilar uses,
and to emphasize the safety and predoininance of the pedestrian.
3.14. Wilson Properties shall work with the neighbors immediately west of the Foxtail Parcel
to locate vehicular and pedestrian cross access approximately as shown on the Concept Plan. The
opening and use of such cross access requires a (i) mutually acceptable reciprocal easement agreement
between the owners, (ii) Neilson Properties' confirmation that such cross access will not pose access,
traffic, safety or other adverse issues for the Foxtail Parcel or the Fox Run Parcel and (ill) a traffic study
showing no adverse impact oil the Foxtail Parcel's commercial access.
3.15. Wilson Properties shall work with the neighbors to the east and west of the north half of
the Foxtail Parcel to coordinate location of not less than one road connection suitable for a future road
between Linder Road and Meridian Road, Such road connection shall be constructed to the roadway
classification and specification required by ACFID's Policy Manual for the anticipated traffic volumes. if
a collector road is required, front oil housing shall be prohibited, with appropriate buffers incorporated
along both sides of the roadway.
3.16. The Applicant shall continue to work with the City of Eagle, I'T I), ACFID and other
property owners in the northeast quadrant of the US 20/26 and Linder road intersection to support
interconnectivity with the goal of fostering internal circulation that will reduce local traffic use of US
20/26.
3.17. The development shall include buffers pursuant to Eagle City Code 8-3-3 D (as it may be
amended from time to time) or as required herein for any commercial uses located adjacent to any
property with a residential zoning designation. All service areas (loading bays, trash compactors, etc.)
shall be designed to lessen impacts (noise, glare, odors, etc) upon adjacent residential uses. The storage of
materials, packing supplies, and merchandise is prohibited within the service -drive aisle and service areas,
Tasteful displays of merchandise may be permitted outdoors if approved through a development
application.
3.18. Any building with a proposed drive-thru shall be designed in such a way as to
compliment the entirety of the Property and if located near residential uses or a public way shall provide a
ininimum forty-eight inch (48") grade separated berm and/or screen wall with vegetation adjacent to the
drive-thru lanes to reduce the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights
and vehicle dieing). Design styles exceeding the standard utilitarian look of a building with a drive-thru
shall be required. The City may place reasonable limits on the hours of operation of all drive-thru uses to
ensure compatibility with adjacent uses.
3.19. Applicant shall provide bus stops as may be required by the City of Eagle. The location
and placement of the stop(s) will be done in conjunction with other property owners at the US 20/26 and
Linder Road intersection, in cooperation with ITD, ACHD, Eagle, and the city of Meridian. Applicant
will pay its fair share of reasonable costs proportionately with other developments.
3.20. Deliveries shall be conducted from the hours of 7:00 am to 10:00 prn, all other operations
of the site shall comply with Eagle City Code "Loud Amplification Devices; Noise Ordinance" Section 4-
9, or as thereafter amended.
Page 9 of 26
Cats°rPoitbllCiF'llA•i51f�CiL1G})?G4 S,�UC
3.21. All non-residential (commercial) mixed uses shall be subject to dark -sky lighting, noise,
or related limitations in compliance with Eagle City Code, as it exists at the time such applications are
made, to address additional concerns that may arise.
3.21 The Property is currently located within the Meridian Fire District and, therefore,
Applicant shall wort: with the Meridian Fire District for all fire service/protection issues, unless annexed
into the Eagle fire district service area.
ARTICLE IV
DEFAULT
4.1. If Applicant fails to comply with the commitments set forth herein within the time
periods set forth herein, Eagle shall have the right, after thirty (30) days of written notice of such failure
to Applicant and without prejudice to any other rights or remedies, to cure such violation, enjoin such
violation and otherwise enforce the requirements contained in this Agreement, or to terminate the
Agreement; provided, however, any default that occurs oil a portion of the Property shall affect only such
portion of the Property in default and shall not affect other portions of the Property.
4.2. if required to proceed in a court of law or equity to enforce any provision of this
Agreement, the enforcing party shall be entitled to recover all direct out-of-pocket costs so incurred to
cure or enjoin such default and to enforce the commitments contained in this Agreement, including
attorney's fees and court costs.
4.3. If Eagle elects to terminate this Agreement pursuant to Section 4.1 above as to any
portion of the Property in default, Eagle may change the :tuning designation of the Property as provided
by law to AµR Agricultural -Residential District it) which a golf course and related services shall be a
permitted use.
ARTICLE V
UNENFORCABLE PROVISIONS
If any term, provision, col-tinlitillent, or restriction of this Agreement or the application thereof to
any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
instrument shall nevertheless remain in full force and effect and that portion determined to be invalid or
unenforceable shall be re -negotiated in good faith between Applicant (or other appropriate party) and
Eagle.
ARTICLE VI
ASSIGNMENT AND TRANSFER
After its execution, this Agreement shall be recorded in the office of the County Recorder at the expense
of the Applicant. Each commitment and restriction on the Project shall be a burden oil the Property, shall
be appurtenant to and for the benefit of the Property, and shall run with the land. This Agreement shall be
bidding on the Applicant and owners, and their respective heirs, admi►listrators, executors, agents, legal
representatives, successors, and assigns; provided, however, that if all or any portion of the Project is
sold, the seller shall thereupon be released and discharged from any and all obligations in connection with
that portion of the Property sold arising under this Agreement. The new owner of the Property or any
portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's
sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement
with respect to the Property or portion thereof.
Page 10 of 26
ARTICLE VII
GENERAL PROVISIONS
7.1. Amendments. Any alteration or change to this Agreement shall be made only aver
complying with the notice and hearing provisions of Idaho Code Section 67-6509 and as required by
Nagle City ("ode.
7.2. Exceptions and Variances. Nothing in this Agreement shall be construed to prevent
Applicant, nor shall Applicant otherwise be prevented from seeking, by appropriate application thereof,
approval for such waivea•s, exceptions or variances as may be authorized by the provisions of the I::,agle
City Code.
7.3. Paragral)h Headings. This Agreement shall be construed according to its fair meaning and
as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute
a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the
singular 01- pluraI number shell each be deemed to include the others wherever and whenever the context
so dictates.
7.4. Choice of .Law. This Agreement shall be construed in accordance with the laws of the
State of Idaho in effect at the time of the execution of this Agreement. Any action brought in connection
with this Agreement shall be brought In a court of coin petent,jurisdiction located in Ada County, Idaho,
7.5, Notices. Any notice that a party may desire to give to another party must be in writing
and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt
requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the
party to whom the notice is directed at the address of such party set forth below.
Eagle:
City of Eagle
660 E, Civic Lane
Eagle, Idaho 83616
With Copy to: Susan E. Buxton
Moore Smith Buxton & Turcke, Chtd,
950 W. Bannock Street, Suite 520
Boise, Idaho 83702
Wilson Properties: Wilson Properties L.P.
1101 W. River Street, Suite 150
PO Box 2793
Boise, Idaho 83701
With Copy to: Franklin G. Lee
Givens Pursley LLP
601 W. Bannock Street
PO Box 2720
.Boise, Idaho 83701
Page I I of 26
C 1AIrlYonbltGl'1)MJtI�C�L5GE970�1 5.1)(5i'
Wilson Holdings: Wilson Moldings LLC
I I01 W. River Street, Suite I50
PO Box 2793
Boise, Idaho 83701
With Copy to: Christopher J. Beeson
Givens Parsley LLP
601 W. Bannock Street
PO Box 2720
Boise, Idaho 83701
or such other addresses and to such other persons as the parties may hereafter designate as provided
herein. Any such notice shall be deemed delivered upon personal delivery twenty-four (24) fours after
deposit with Federal Express or other reputable overnight delivery service, or three(3) days after deposit
in the United States mall, if sent by mail pursuant to the foregoing.
7.6. Effective Date. This Agreement shall be effective upon the execution and recordation of
this Agreement.
7.T TerminatThis Agreement shall terminate upon Applicant's fulfillment of the
"Conditions of Development" identified in Article III above.
7.8. Authori to Enter, Into Agreement. By the execution and delivery of this Agreement by
the parties, and the performance of their covenants and obligations therein, the parties acknowledge such
action has been duly authorized by all necessary corporate (or LLC) action, and necessary corporate (or
LLQ resolution(s) have been executed for the undersigned representatives to sign this Agreement and so
bind their respective parties. An affidavit by Wilson Properties agreeing to submit the I~oxtail Parcel to
this Agreement is attached hereto as Exhibit H and an affidavit by the; Wilson Moldings agreeing to
subm it the I"ox Run Parcel to this ,Agreement is attached hereto as Exhibit 1.
[ end of text; signature page follows i
Page l 2 of 26
CtiN1PCnbK(i11DN1S11--C1;c619704 5 DOC:
IN WITNESS WRER OF, the parties have executed this Agreement as of the Effective Date.
Eagle: CITY OF EAGLE, a municipal corporation
organized and existing tinder (lie laws of the State
of Idaho
By:
Phil Bandy, Mayor
ATTEST:
By:
Sharon K. Moore, City Cleric
Wilson Properties:
Wilson Holdings:
Schedule of Exhibits
WILSON PROPERTIES L.P., an Idaho limited
partnership
By: Fort Wilson, Inc., an Idaho corporation, its
General Partner
By:
Charles H. Wilson, President
WILSON HOLDINGS LLC, an Idaho limited
liability company
By: Fort Wilson, Inc., an Idaho corporation, its
Manager
By:
Charles H, Wilson, President
Exhibit A.
Legal Description of the Foxtail Parcel
Exhibit B:
Legal Description of the Fox ltun Parcel
Exhibit C-1:
Concept Plan
Exhibit C-2:
Conceptual Site Plan
Exhibit D:
Design Intent
Exhibit E:
Landscape Guidelines
Exhibit F:
Design Guidelines
Exhibit G:
Architectural Guidelines
Exhibit H:
Affidavit of Legal Interest for Wilson Properties L.P.
Exhibit 1:
Affidavit of Legal Interest for Wilson Holdings LLC
rage l3 of 26
C':1�r!'oribltGPfl lS1PGt,wls,�oa s DOC.
STATE OF IDAHO
:ss.
County of Ada
On this day of , 2010, before the undersigned notary public in and
for the said state, personally appeared PI III BANDY, known or identified to me to be the Mayor of the
City of Eagle and the person who executed the foregoing instrument oil behalf of said City and
acknowledged to nee that said City executed the sank.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAI-IO }
County of Ada }
On this _day of , 2010, before me, the undersigned, a Notary Public
in and for said State, personally appeared CI--IARLES H. WILSON, known or identif A to 1-ne to be the
President of For Wilson, Inc., an Idaho corporation, the General Partner in Wilson Properties L.P., nn
Idaho limited partnership, the general partners who subscribed said limited partnership name to the
foregoing instrument, and acknowledged to me: that such corporation executed the same in said limited
partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
rage 14 of 26
C; VVrPartbh(;PDN4Sir41.5G197o,1 5.1)OC
STATE OF ID.A110
:ss.
County of Ada
On this day of , 2010, before me, the undersigned, a Notary Public
in and for said State, personally appeared CHARLES I1. `JVILSON, known or identified to me to be the
President of For Wilson, Inc., an Idaho corporation, the General Partner in Wilson Properties L.P., an
Idaho limited partnership, the general partners who subscribed said limited partnership name to the
foregoing instrumeiat, and acknowledged to ane that such corporation executed the same in said Iimited
partnership name.
IN WITNESS WHEREOF, I have Hereunto set my hand and affixed nay official seal the day and
year in this certificate first above written.
Notary Public. for Idaho
Residing at: _ _-
My Commission Expires:
Page 15 of 26
1970.1 s ncx:
EXHIBIT A
Legal Descrjl)tion of Foxtail Parcel
The Sa nit .'Ka f of `clue Seu thwe:st Quarter Of :SeCtilOm ' 241,„
Tow msh1p - rtk;, age I West: OE the ize. I?Rev1+i ian,
�Cc�r th,e.r1}�� 3'-de cif wthe fo, j , clescx�:bed. Camt.e� �..21 �ntf
:s.a.xd 'b i hway as sm�veyed and ;sha—wru On the: Off1c. a Pl,toif
the S`xank.lin Rckt d. P.A.-S. 161--Ul l) :fii .►,�Imway' Sbrver on, en.e jr4
it.he a ftize -of the paxtrmen-t GE FI:p=1 a.ic VOtkz Cif Che, State
t e
Of Leh- e, and IL)ri m over. and ac-x ss's the Southeast art ,er
West. Boise a"f55+,n.ffi a.I .,
Of r-:he. Said. Way 5UZV.'ey
feek West frem 'am ScDutb gaarteT D:rnex Of seet!"an, 21"
x•ma b. q
S<0IM 49 +c xr-es 521' East te:et to St~'a , tact 115 R3 ,. G
of. , x;d. ay which. s't at i am L.S -an zag-le, point, ,off.
00 gre-es ZA" -left. yea:: zidemt With,
the South OcArtler CornpxM ot» ,Se�cticn. 24, zowazb#
Vier , Range Boise Mari tam ..
Nq,o 16 of 25
C:Wri'ootbllUP1��4S1I G11G19704 S_DOC
EXHIBIT B
Legal Description of Fox Run Parcel
Lot 1 in Block 2 of l oxtail Subdivision, according to the
official plat thereof filed in Book 73 of Flats at Pages
7563-7564, official records of Ada County, ldalio
Wage 17 of 26
s noc
EXHIBIT C-1
Concept Plan
[ Attar -lied; One (1) Page ]
Wage. 18 of 26
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EXHIBIT C-2
Conceptual Site Plan
Pursuant to Section 3.6.1, Applicant will develop and submit a
oonceptual site plan ("Conceptual Site Plan") outlining future phased
developments. The Conceptual Site Plan shall be generally consistent
with the Concept Plan and shall illustrate the general locations of major
Improvements such as buildings, parking areas, primary drive isles,
outdoor plaza areas and perimeter landscapiaag. Upon review and
approval in accordance with the procedures identified in Section 7.1
(which shall occur prior to the issuance of a zoning certificate or final
plat approval in such use area), the Conceptual Site Plan shall be
attached as this Exhibit C-2 and become a part of this Agreement.
11a;e 19 of 26
L' ��rl'o��bllGPnAt511'GI .619701 s-00(:
EXHIBIT D
Design Intent
The design intent for the development is illustrated on the following narratives and the attached photo -
narrative sheets.
No. Subject Description
l . Architectural Design The architectural design of commercial structures will be
developed in conjunction with the anchor tenants, not on a
speculation basis, and will complement (but not copy) the design
of the structures on adjacent commercial areas in Eagle Island
Marketplace. Please see the "Architectural Design" photo -
narrative attached as Sheet A and the "Plaza Resign Elements"
photo -narrative attached as Sheet B.
2. Building Materials Materials and finishes will be selected for quality, sustainability
and appearance, with special consideration building materials
found in nature or in historic Eagle. The building material theme
will be centered around brick. Brick will be used in both
horizontal and vertical applications and utilized as accents on
side and rear walls of buildings Other materials will be used as
accents in structures and/or landscaping, such as native stone,
stucco, concrete and metal. Please see the "Architectural Design"
photo -narrative attached as Sheet A and the "Plaza Design
Elements" photo -narrative attached as Sheet B.
Perimeter Landscaping Perimeter areas to be landscape as appropriate for adjacent uses.
Along Chinden Blvd the landscaping will be compatible with
Eagle Island Marketplace. Commercial areas will be landscaped
to partially obscure parking fields yet permit the important sight
lines for recognition of tenant signage and customer entries.
Along streets serving and/or fronting on residential and
transitioning from business uses, the buffering on the residential
side of the street shall be sight obscuring landscaping with 3 foot
high berms. Please see the "Buffering" photo -narrative attached
as Sheet C.
4. Parking Area Parking areas and internal drive aisles will be landscaped with
Landscaping trees and upright shrubs to partially obscure parking fields yet
permit important sight lines. Streets forming a transition to
residential will be designed with sight obscuring landscaping,
which may include a fence or berm, Please see the "Buffering"
photo -narrative attached as Sheet C and the "General Design
Elements in Cornmereial/Neighborhood Business Use Areas"
photo -narrative attached as Sheet D.
Pate 20 of 26
{' 1Mrhoitb11GY1)�9511 Cii,1GI97UA S.DOC
Lighting The project will incorporate pedestrian oriented lighting that
meets or exceeds Eagle's night -sky requirements. Lighting will
be designed to augment the sense of safety in areas that people
frequent at night.
6. Water Features One of the rnost inviting elements of nature is water, whether
forinal and symmetrical or playful and interactive. Whether a
focal point, or center piece, all ages are drawn to interact even
when the feature is artwork. Water features will be an integral
element of design in our project to create a sense of place in the
public sphere. Please see the "Public Water Feature Design
Elements" photo -narrative attached as Sheet E and the "Common
Area Water Features" photo -narrative attached as Shect F.
7. Vehicular Circulation The project will be designed to facilitate functional
interconnectivity with adjacent properties to reduce local traffic
use of US 20/26.
$. Pedestrian Experience The pedestrian experience will be important to the development.
The development will include gathering spaces and interest
points, and will be connected with the pedestrian amenities
provided at Eagle Island Marketplace and the adjacent
residential. Please see the "Common Area Water Features"
photo -narrative attached as Sheet F, the "Common Area Design
Elements" photo -narrative attached as Sheet G and the "Plaza
Design Elements" photo -narrative attached as Sheet B.
9. Transitional Residential Transitional residential will be designed to provide a suitable
transition from commercial areas to lower density residential
areas through multi -family structures that complement the
character of lower density residential structures, such as
rowhouses, patio homes and "mansion" 4-plexes. Please see the
"Transitional Residential" photo -narrative attached as Sheet A.
Pate 21 of 26
c wlro 19701 s.DOC
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EXHIBIT E
Landscape Guidelines
PurSUant to Section 3.6.2, Applicant shall develop and submit. landscape
guidelines to govern future phased developments. Such guidelines shall
complement the landscaping of the adjacent Eagle Island Marketplace
development, and shall be generally consistent with the design intent
identified oil Exhibit D. Upon review and approval in accordance with
the Desij n Review procedures set forth in Eagle City Code (which skull
occur prior to the issuance of a zoning certificate or final plat approval in
such use area), such guidelines shall be attached as this Exhibit E and
become a part of this Agreement.
Page 22 of 26
C 1\°rl'oirbltGl'C>MSIC G1.tG 1970d DOC:
EXHIBIT T F
Design C ui(lelines
Pursuant to Section 3.6.2, Applicant shall develop and submit site design
guidelines to govern future phased developments. Such guidelines shall
complement the site design of the adjacent Eagle Island Marketplace
development, and shall be generally consistent with the design intent
identified on Exhibit D. Upon review and approval in accordance with
the Design Review procedures set forth in Eagle City Code (which shall
occur prior to the issuance of a zoning certificate or final plat approval in
such use area), such guidelines shall be attached as this Exhibit F and
become a part of this Agreement.
Nac 23 of 26
CAM J1oribRG11DMS'&G1AO197G4 5.1)OC'
EXHIBIT G
Ai-chitectural Guidelines
Pursuant to Section 3.6.2, Applicant sliall develop and submit
3JUI teetural guidelines to govern future phased developments. Such
guidelines shall complement the architecture of the adjacent Eagle Island
Marketplace development, and shall be generally consistent with the
design intent identified on Exhibit D. Upon review and approval in
accordance with the Design Review procedures set forth in Eagle City
Code (which shall occur prior to the issuance of a zoning certificate or
final plat approval in such use area), such guidelines shall be attached as
this Exhibit G and become a part of this Agreemea7t.
Page 24 of26
C VgrPon 1>1\0I'DNTSTU 61 97a4 5-1)OC,
EXHIBIT H
Affidavit of Wilson Properties, L.P. for' Foxtail Parcel
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO }
ss.
County of Ada }
CHARLES H. WILSON, who being first duly sworn under oath, deposes and says:
1. I am President of Dort Wilson, hie., who is the General Partner of Wilson Properties L.P.,
whose mailing address is PO Box 2793, Boise, Idaho 83701 ("Wilson Properties").
2. Wilson Properties is the fee simple owner of the parcel of real property described on
Exhibit 1, attached hereto (the "Property").
3. Wilson Properties authorizes the submission of the Property to certain Development
Agreement dated the `_ day of ____ __T__ _, 2010 by and between the City of Eagle, a municipal
corporation in the State of Idaho, Wilson Properties LP., an Idaho limited partnership and Wilson
Moldings LLC, an Idaho limited liability company (the "Agreement").
DATED this day of , 2010.
WILSON PROPERTIES, L.P., an Idaho limited partnership
By: FORT BOISE, INC., an Idaho corporation,
its General Partner
By:
SUBSCRIBED AND SWORN to before me this
Charles H. Wilson, President
day of , 2010.
Notary Public for Idaho
Residing at
My Commission expires
Page 25 of 26
C'tNri'cottsllGi'3)MSIIfiL1G19701 S.DOC
Idaho
EXHIBIT 1
Affidavit of Wilson Holdings LLC for the Fox Run Parcel
AFFIDAVIT OF LEGAL INTEREST
S"I'A'rE OF IDAI-IO )
} ss.
County of Ada }
CHARLES H. WILSON, who being first dilly sworn under oath, deposes and says:
I am President of Fort Wilson, Inc., who is the Manager of Wilson Holdings LLC, whose mailing
address is PO Box 2793, Boise, Idaho 83701 ("Wilson Properties").
3. Wilson Holdings is the fee simple owiier of the following described parcel of zeal
property (the "Property")-.
Lot 1 in Block. 2 of l;oxtail Subdivision, according to the
official plat thereof filed in Book 73 of Plats at Pages
7563-7564, official records of Ada County, Idaho
3. Wilson Properties authorizes the submission of the Property to certain Development
Agreement dated the clay of , 2010 by and between the City of Eaglc, a municipal
corporation in the State of Idaho, Wilson Properties L.P., an Idaho limited partnership and Wilson
Holdings LLC, an Idaho limited liability company (the "Agreement").
DATED this day of 52010.
WILSON MOLDINGS LLC, an Idaho li►nited liability
company
By: FORT BOISE, INC., an Idaho corporation,
its Manager
In
SUBSCRII3ED AND SWORN to before me this
Charles I'I. Wilson, President
day of , 2010.
Notary Public for Idaho
Residing at
My Commission expires
Page 26 of 26
C''`NrPortbllCr]'U3751i'£rl."G197U1 i DOC,
Idaho
INTER
OFFICE
City of Eagle
Zoning Administration
To: Mayor Bandy and City Council Members
From: Michael Williams, PCED, Planner I1
Subject: CPA-07-08 & A-05-08 & RZ-11-08 — Wilson Properties L.P. and Wilson
Holdings LLC, represented by Gene Shaffer with CSHQA
Date: March 9, 2010
Attachment(s): Staff memo dated March 4, 2010, prepared pursuant to a request by
Councilman Shoushtarian .
Correspondence received from Robert Banks representing Wilson Properties
L.P. and Wilson Holdings LLC, to Susan Buxton (City Attorney) date
stamped by the City on March 5, 2010.
Copy To: File
Page 1 of 1
KAPlanning DeptTagle Applications\CPA\2008\CPA-07-08 & A-05-08 & RZ-11-08 cc me4.doc
INTER
OFFICE
City of Eagle
Zoning Administration
To:
Councilman Al Shoushtarian
From:
Michael Williams, PCED, Planner II
Subject:
CPA-07-08/A-05-08/RZ-11-08 — Comprehensive Plan Map and Text Amendment
from Public/Semi-Public and Transitional Residential to Mixed Use and an
Annexation and Rezone from RUT (Rural -Urban Transition -Ada County
Designation) to MU-DA (Mixed Use with a development agreement) for Wilson
Properties, L.P., and Wilson Holding, LLC, represented by Gene Shaffer with
CSHQA
Date:
March 4, 2010
Attachment(s):
N/A
Copy To:
N/A
Location
Site Sq. Ft.
Commercial Sq. Ft.
Percentage of
Commercial
EIMP
196789802
3669333
21.82%
Wilson (incl.
112509172
2659000
21.19%
Neighborhood
Commercial
Wilson (w/o
190239660
2109000
20.51 %
Neighborhood
Commercial
EIMP/Wilson (incl.
299279232
6319333
21.56%
Neighbor
Commercial
EIMP/Wilson (w/o
297029462
5769333
21.32%
Neighbor
Commercial
YES Subdivision
2,0035760
326,100
16.27%
(Home Depot/Winco
site)
Centrepoint Sub
1,7425400
3265100
16.18%
(Kohl's site NW corner
Eagle and Ustick)
Fairview and Eagle (SE
3,345,400
7305600
21.83%
corner including
Walmart)
Terra View (NE corner
2,003,760
303,410
15.14%
Beacon Light & SH-16
Page 1 of 1
KAPlanning Dept\Eagle Applications\CPA\2008\CPA-07-08 & A-05-08 & RZ-11-08 met Wilson Property.doc
The percentage of proposed commercial square footage/land area on the Wilson site is slightly less than
what is currently approved for the EIMP site. The percentage of proposed commercial on the Wilson site is
approximately 30% higher than the commercial square footage/land area currently located within YES
Subdivision (Home Depot/Winco site) and Centrepointe Subdivision (Kohl's site located at the NW corner
of Eagle Road and Ustick Road) and approximately 40% higher than the proposed commercial within the
Terra View project (located within a Community Center as identified in the Comprehensive Plan).
However, it is comparable to the percentage of commercial located at the SE corner of Fairview Ave. and
Eagle Road inclusive of Walmart.
Based on the concept plan within the executed development agreement for the EIMP site it appears that the
developer of EIMP will be constructing two (2) additional lanes of travel on Chinden Blvd. in proximity to
the intersection of Chinden Blvd. and Linder Road. The additional lanes comprise of one (1) additional left
turn lane to allow for turning south on Linder Road and one (1) additional deceleration lane/right turn lane
to allow for accessing the site in proximity to the east entrance and turning north on Linder Road in
proximity to the intersection.
Condition of Development #3.13, within the executed development agreement regarding road
improvements reads as follows:
3.13 Applicant will construct improvements and satisfy all conditions required by the Ada County
Highway District and the Idaho Transportation Department prior to the issuance of any Certificate
of Occupancy for any building within the development. If Applicant submits for a Design Review
application prior to ITD/ACHD access being granted all access points and associated site design
features including but not limited to landscaping, circulation, drive aisles, pedestrian connectivity,
turning movements, site signage and parking configuration for the southeastern portion of the site
must be reviewed by the Design Review Board and approved by the Eagle City Council prior to
issuance of a zoning certificate for the site.
Staff will contact ITD to follow up on the R-O-W dedication adjacent to the EIMP site to facilitate
developing language for the development agreement associated with the Wilson property to address future
R-O-W dedication and possible additional lanes associated with Chinden Blvd.
Page 2 of 1
KAPlanning Dept\Eagle Applications\CPA\2008\CPA-07-08 & A-05-08 & RZ-11-08 me2 Wilson Property.doc
Susan Buxton, Esq. March 5, 2010
Moore Smith Buxton and Turcke Ctd
950 West Bannock
Suite #520
Boise, Idaho 83702
Dear Susan
RECEIVED & FILED
CITY OF EAGLE
MAR 0 2010
File:
Route to:
On behalf of Wilson Properties we thank you for your efforts to
act as mediator on Tuesday night. While some walked away frustrated
that all their questions weren't answered or their position not totally
embraced, we were pleased with the process. Based on the various
comments and concerns expressed by all at the mediation, we believe
there are workable solutions and considerations that must be
addressed:
1. If Foxtail's modified frontage road proposal is a viable
alternative for the City, we believe creating cross access
agreements with Fred Meyer and EIMP should be quick and
relatively easy provided Fred Meyer and EIMP actually want to
accomplish this. However, based on comments that were
overheard at the mediation made by Don Forrest to the
neighbors, it appears Feed Meyer and EIMP may not grant
cross access with reasonable terns. Therefore, we need to
consider the possibility of no cross access between Foxtail and
EIMP. This would be a tragedy for the community and, we
believe also for Fred Meyer. The City of Eagle must ask itself
whether it desires interconnectivity through the modified
frontage road. that Foxtail proposes. If not, the alternative
access solutions become even more important.
2. While we continue to believe that a frontage road combined
with a signal at the half mile and controlled access at the
quarter mile would be the best solution for addressing traffic
and public safety concerns, that option no longer appears to be
available through Eagle.
The next best alternative is the modified frontage road. We
understand that based on neighbors comments at the
1
mediation, they desire to have our access go to a relocated light
so traffic does not go through. Foxrun. We agree with the
neighbor's concept, but we do not have approval to move the
l igllt.
Although there are no approvals to move the light today, we
ask for the City's support so we can move forward to work out
the details with the appropriate agencies to move the light.
However, in the meantime we believe we can divert traffic off
of Foxrun by bringing the modified frontage road through
Foxtail's five ache parcel.
3. We believe that the sewer issues can be resolved through the
cooperation and protection of all land owners at this corner.
We may have adequate sewer capacity and with city assistance
can quickly remove that condition (probably a 30-day process)
to address this issue.
4. Although we believe that we have addressed issues
attributable to commercial activity which are traffic, sound,
and visual, the neighbors are not satisfied with anything that
works. We designed the project to be successful and that
design requires the requested commercial square footage and.
density that we put in front of city Council at the last city
council ,meeting.
S. As a point of clarification, the past couple weeks working with
Bill Vaughn have been productive. However, we do not want to
leave the impression that the past two years working with city
staff has been reasonable and timely. We encourage the City to
streamline and simplify the application process with staff.
To expedite our efforts we request modification to the language
in the pre -annexation agreement. We ask that the three years be
changed to 90 days. This condition will allow us to sign the
agreement as is but not changing the elate will force Lis to say no to
the agreement no platter how positive the vote. Additionally,
2
changing the timeframe addresses EIMP's and Fred Meyer's
annexation concerns by giving them a final decision in a short time
period.
This 90 days will hold everyone's feet to the fire instead of
letting these issues drift. We also would agree to extend the 90
days in writing if we believe the process is proceeding quickly and
with reasonableness.
'Fhis approach will mean the council can vote Tuesday night and
will: (a) allow us to fulfill Charles H. Wilson's commitment to do
everything lie reasonably could to bring this project to
Eagle —without a tenant, without constructing today, and with an
empathy to Eagles difficult process and; (b) this will also complete
the commitment we made to Meridian that we would go to Eagle
first before we brought the project to Meridian. Meridian was
adamant that we accon-imodate their neighbor, if reasonably
possible.
We have invested two -years of time, money and efforts to
answer "what we can do for Eagle?" The time is appropriate for us
all to move forward. We will do a project on Foxtail. It is simply a
question of whether or not Eagle wants to be part of the process.
Thank you for your efforts.
Sincerely
Ro ert K. Banks
Cc: Mayor Phil Bandy
City Council, P&Z, and Staff
Mayor Tammy de Weerd and Anna Canning, City of Meridian
Charles H. Wilson and Roger D. Cantlon
3
Dori Knickrehm
The Yorgasons
INTER
CityEagleof
Zoning Administration
OFFICE
To:
Council President/Acting Mayor Huffaker and City Council
From:
Michael Williams, PCED, Planner II
Subject:
Findings of Fact and Conclusions of Law for CPA-07-08/A-05-08/RZ-11-08 —
Comprehensive Plan Map and Text Amendment from Public/Semi-Public and
Transitional Residential to Mixed Use, Professional Office, and Transitional
Residential and an Annexation and Rezone from RUT (Rural -Urban Transition -Ada
County Designation) to MU-DA (Mixed Use with a development agreement) for
Wilson Properties, L.P. and Wilson Holding, LLC
Date:
April 21, 2010
Attachment(s):
N/A
Copy To:
N/A
The applicant has requested this item be continued to the May 11, 2010, City Council meeting.
Page 1 of 1
KA\Planning DeptTagle Applications\CPA\2008\CPA-07-08 & A-05-08 & RZ-11-08 me3 Wilson Property.doc
Tracy Osborn
From:
Susan E. Buxton [SEB@msbtlaw.com]
Sent:
Wednesday, April 21, 2010 9:09 PM
To:
Mike Huffaker2; Al Shoushtarian; Norm Semanko; norm@iwua.org; John Grasser
Cc:
Sharon Bergmann; Tracy Osborn
Subject:
Fw: FF & CL Hearing
Council -
Please see the email below requesting a continuance on the Wilson/Foxtail findings. We had a productive meeting so I believe it is in
the City's best interest to grant the continuance. Please feel free to call my cell at 861-8750 if you have any questions or need
additional information.
Best regards,
Susan
This message was sent via Blackberry and may contain confidential attorney -client privilege information. If you are not the intended
recipient, please delete and notify the sender at seb@msbtlaw.com. Thank you.
----- Original Message -----
From: Don E. Knickrehm <dek@givenspursley. com>
To: 'mwilliams@cityofeagle.org' <mwilliams@cityofeagle.org>
Cc: Susan E. Buxton; 'Roger Cantlon' <roger@cantlon.org>
Sent: Wed Apr 21 15:35:32 2010
Subject: FF & CL Hearing
Mike: Pursuant to our discussion in our meeting yesterday at Susan Buxton's office, we made good progress in cleaning up the
FF&CL for the Wilson Properties/Foxtail matters (CPA -7-08, A-05-08 & RZ-11-08) although we still have a little work to do in
finalizing the DA language. We agreed it will be difficult to get this done in time for the currently scheduled April 27 City Council
meeting. Therefore, Wilson Properties respectfully requests that the consideration of adoption of the FF&CL for the referenced
matters be postponed and rescheduled to the May 11, 2010 City Council meeting. Don Knickrehm
Don Knickrehm
Givens Pursley LLP
601 West Bannock
P.O. Box 2720
Boise, ID 83702
Tel: (208) 388-1200
Fax: (208) 388-1300
Direct: (208) 388-1218
dek(2civenspurs ley. com
www.givenspursley.com
CONFIDENTIALITY NOTICE: This e-mail contains confidential information that is protected by the attorney -client and/or work
product privilege. It is intended only for the use of the individual(s) named as recipients. If you are not the intended recipient of this
e-mail, please notify the sender, and please do not deliver, distribute or copy this e-mail, or disclose its contents or take any action in
reliance on the information it contains.
INTER CityOf Eagle
Zoning Administration
OFFICE
To: Acting Mayor Huffaker and City Council embers
From: Michael Williams, PCED, Planner II
Subject: CPA-07-08 & A-05-08 & RZ-11-08 - Wilson Properties L.P. and Wilson Holdings
LLC, represented by Gene Shaffer with CSHQA
Date: May 11, 2010
Attachment(s): City Council Findings of Fact and Conclusions of Law
Development Agreement
Copy To: File
The attached Findings of Fact and Conclusions of Law contain a modification to Condition of
Development 3.4.2 to reflect the process for amending a development agreement through a development
agreement modification. Condition of Development 3.4.2 also contains language that the Condition of
Development takes precedence over the Concept Plan regarding the use within the area recognized as the
"Neighborhood Commercial Area".
Page 1 of 1
KAPlanning Dept\Eagle Applications\CPA\2008\CPA-07-08 & A-05-08 & RZ-11-08 cc me6.doc
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
COMPREHENSIVE PLAN AMENDMENT FROM
PUBLIC/SEMI-PUBLIC TO MIXED USE AND AN
ANNEXATION AND REZONE FROM RUT (RURAL -
URBAN TRANSITION) TO MU-DA (MIXED USE
WITH DEVELOPMENT AGREEMENT) FOR WILSON
PROPERTIES L.P. AND WILSON HOLDINGS LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-7-08 & A-05-08 & RZ-11-08
The above -entitled comprehensive plan amendment, annexation and rezone applications came before the Eagle
City Council for their action on December 15, 2009, at which time public testimony was taken and the public
hearing was continued to January 12, 2010. The public hearing was again continued to February 9, 2010, and
again to February 23, 2010, at which time additional limited public testimony was taken and the public hearing was
closed. At this time the City Council scheduled a mediation session for this item for March 2, 2010, and continued
the item to March 9, 2010. The City Council made their decision at that time. The Eagle City Council, having
heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings
of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Wilson Properties L.P. and Wilson Holdings, LLC, represented by Gene Shaffer with CSHQA, is
requesting a Comprehensive Plan Map and Text Amendment to change the land use designation
on the Comprehensive Plan Future Land Use Map from Public/Semi-Public and Transitional
Residential to Mixed Use and to amend the language in the Rim View Planning Area; an
annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU-DA
(Mixed Use with a development agreement). The +/- 83.79-acre site is generally located at the
northwest corner of N. Fox Run Avenue and Chinden Boulevard (Highway 20/26) at 6479 N. Fox
Run Avenue and 990 W. Chinden Boulevard.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, October 21, 2008, at Foxtail Golf Course
(maintenance barn), 6479 N. Fox Run Avenue, Meridian, ID 83646, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received
by the City of Eagle on November 14, 2008; supplemental information was submitted since that
time. The applicant continued to meet with neighbors during the process to discuss development
concerns.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in the Valley Times in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City Code on May 25, 2009. 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 29, 2009.
Requests for agencies' reviews were transmitted on April 30, 2009, in accordance with the
requirements of the Eagle City Code.
Page 1 of 55
KAPlanning DeptTagle Applications\CPA\2008\CPA-07-08 & A-05-08 & RZ-11-08 ccfLdoc
On July 13, 2009, the Planning and Zoning Commission remanded the applications to staff. Re -
notice of Pubic Hearing on the applications 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 in the Idaho Statesman on October 3, 2009, and in the Valley Times on October 5, 2009.
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 the Eagle City Code on October 6, 2009. Re -notice of Pubic Hearing on the applications for
the Eagle Planning and Zoning Commission was published in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code in the Valley Times on October 26, 2009.
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 October 27, 2009. The site was posted in accordance with the Eagle City
Code on November 3, 2009.
Notice of Public Hearing on the application for the City Council was published in accordance with
the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 30,
2009. 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 November 25, 2009. The site was posted in accordance with the
Eagle City Code on December 2, 2009.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
Foxtail golf course has been operating on the subject parcel since 1993, as approved by Ada
County. A series of changes have occurred over the years including expansion of the golf course
and the addition of accessory buildings.
On September 14, 2004, the City of Eagle adopted the Soaring 2025 Western Area plan which
expanded the City's planning boundaries generally west to the centerline of State Highway 16 and
south to Chinden Boulevard (US 20/26).
Figure 1: Chinden Bench Planning Area
CPA-11-06: City of Eagle: The Western Area Plan designated the area north of the Phyllis Canal
and west of Spur Wing Country Club as the "Chinden Bench Planning Area" (figure 1). In 2005,
the entire area was annexed into the City of Meridian to be developed as the Tree Farm
Subdivision. Since that time Meridian and Eagle City Council members met and tentatively
determined that it was appropriate to allow Meridian to annex properties within this area and have
the City of Eagle remove it from their planning area (pending execution of a formal MOA
memorializing the agreement). The City approved a comprehensive plan amendment consistent
with this action; however, a resolution to finalize this action has not been adopted to date. A
memorandum of agreement (MOA) between the City of Meridian and the City of Eagle which
outlines the conditions regarding the allowance of Meridian to annex into the Eagle's planning
area must be executed before the adoption of a resolution by the City of Eagle.
Page 2 of 55
KAPlanning DeptTagle Applications\CPA\2008\CPA-07-08 & A-05-08 & RZA 1-08 edLdoc
In March 2005, the Meridian City Council approved AZ 05-004 — a request for annexation and
rezone of 358.57-acres from RUT to R-2 (66.02 acres), R-8 (167.02 acres), R-15 (79.82 acres), C-
N (17.26 acres) and C-C (28.45 acres) for The Tree Farm Subdivision located on the north side of
Chinden Boulevard and on both sides of Black Cat Road (west of Spurwing Subdivision).
In the Fall of 2006, the Eagle City Council and Meridian City Council met to discuss the Chinden
Bench area south of the Phyllis Canal. At that time Meridian expressed a desire and intent to
provide urban services to the area south of the Phyllis Canal. Meridian indicated they did not plan
to service the area north of the canal (area known by the City of Eagle as the River Plain planning
area as described in the Eagle Comprehensive Plan).
In February 2007, the Meridian City Council approved AZ 06-043 — a request for annexation and
rezone of 20.51 acres from R-R to R-8 zone and preliminary plat (PP 06-045) approval of 73
residential building lots (consisting of 46 attached single-family units and 27 detached single-
family units and 6 common/other lots) on 20.51acres in a proposed R-8 zone for Spurwing Patio
Homes Subdivision located on the northeast corner of North Ten Mile Road and West Chinden
Boulevard (west of North Spurwing Way).
In October 2007, the Meridian City Council approved CPA 07-010 — a request to amend the
Comprehensive Plan Land Use Map to include 645-acres north of the Phyllis Canal and south of
the Boise River, extending from Linder Road to approximately 1/a mile west of Black Cat into
Meridian's North Meridian Planning Area.
}ice+, '.-•�.s� 'EcT
rvleddian
Land Use Map
[ARproximetel -1
- -_ - -
--__ NI&Ta- [On City. Limits
Figure 2: Meridian Area of Annexation
In total, Meridian has annexed and/or provided comprehensive plan land use designations for
nearly 1,100 acres of the City of Eagle's approved Area of City Impact and comprehensive
planning area (figure 2). These actions have altered the City of Eagle's efforts to plan the forty
(40) acre commercially designated area located at the northeast corner of Highway 20/26 and
Black Cat Road. Due to the future extension of State Highway 16, that corner was recognized in
the Chinden Planning Area as a regional commercial area important to the economic well-being of
the City of Eagle. Now that SH 16 is proposed to intersect Highway 20/26 at McDermott Road,
Linder Road and the Rim View Planning area may be considered an appropriate location for a
regional commercial center, in part due to Linder Road being the only north -south connection
across the Boise River in the Western Area, and recent City Council action as noted in the
following paragraph.
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E.
F.
-
W` com.
Figure 3: Linder Road/Chinden
On December 16, 2008, the Eagle City Council approved CPA-5-08 & A-03-08 & RZ-8-08, a
Comprehensive Plan Map and Text amendment changing the land use designation on the
Comprehensive Plan Land Use Map from Mixed Use and Professional Office to Commercial for
the property located on the northeast corner of Linder Road and Chinden Boulevard (US 20/26)
(figure 3). This action also approved an annexation (once the property becomes contiguous to
Eagle City limits) and a rezone with development agreement from RUT (Rural Urban Transition)
to C-3-DA (Highway Business District with a Development Agreement). As of this date, the City
has approved DR-13-09, a design review application for the Eagle Island Market Place (EEAP)
and Fred Meyer development located on the subject 38.3-acre site.
COMPANION APPLICATIONS: All applications are inclusive and incorporated herein by reference.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Public/Semi-Public &
RUT (Rural -Urban Transition -
Golf course
Transitional Residential
Ada County designation)
Proposed
Mixed Use
MU-DA (Mixed Use with
Proposed commercial and
Development Agreement)
residential development
North of site
Residential Estates
R1 (Ada County designation)
Winward River Heights,
Bodily & Bunderson
Springs Residential Subs.
South of site
Meridian AOI
RUT (Rural -Urban Transition Ada
Residential/Pasture
County designation)
East of site
Transitional Residential
R1 (Ada County designation) &
Foxtail Subdivision;
RUT (Rural -Urban Transition -
pasture is proposed for
Ada County designation)
residential development
West of site
Residential Estates,
RUT (Rural - Urban Transition —
Proposed Fred Meyers &
Transitional Residential,
Ada County designation) & R1
Eagle Island Marketplace
Commercial
(Ada County designation), C-3-
commercial development
DA* (Commercial Highway
District with Development
Agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
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w
IIn
L.
TOTAL ACREAGE OF SITE: +/- 83.79-acres
Total Acreage of Any Out -Parcels — None
APPLICANT'S REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
The justification letter of July 27, 2009 (revised), provided by the applicant and date stamped by
the City on July 29, 2009, is incorporated herein by reference.
GENERAL SITE DESIGN FEATURES:
On -site Septic System (yes or no) — No, central sewer is required as a condition of approval.
Preservation of Existing Natural Features:
A draft report submitted by the applicant entitled "Natural Features Analysis" (date stamped by the
City on May 27, 2009) indicates that various ponds, a ditch waterway, and the North Slough
irrigation waterway are present on the site. The various groupings of maintained trees and shrubs
are not indicative of a quality habitat for a range of species. The "Habitat Review" date stamped
by the City on October 30, 2008, does not indicate, preliminarily, any potential occurrence of
Threatened, Endangered, or Candidate fish and wildlife species of concern. Vegetation is typical
of a golf course; manicured trees and grasses have left the site mostly devoid of native species.
Preservation of Existing Historical Assets:
A draft report submitted by the applicant entitled "Natural Features Analysis" (date stamped by the
City on May 27, 2009) indicates that no archaeological properties have been recorded at the site.
The McGrath House site, used for dairy operations is located on the site and has been determined
ineligible for National Historic Register listing. The historic route of the Oregon Trail traverses
east to west on the site but due to the physical changes made to the site over the past decades, no
evidence of the trail exists on the site. If during excavation or development of the site, any
historical artifacts are discovered, state law requires immediate notification to the state.
STREET DESIGN:
The applicant proposes to maintain the full access currently allowed for the golf course onto
Chinden Blvd (Hwy 20/26) (principal arterial). Conceptually, the applicant is proposing
connectivity and access (i.e. stub streets) between this development and adjacent properties. Street
design and schematics are proposed by the applicant to be reviewed at the submittal of platting
and/or design review applications.
Sidewalks:
The most recent concept ("bubble") plan (date stamped by the City on August 26, 2009), does not
show any sidewalks within the development. As a condition of approval, sidewalks adjacent to the
streets will be required to be constructed, and pedestrian connectivity to all parts of the
development is to be the objective.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to date.
Approval from that committee is required prior to final plat approval.
ON AND OFF -SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: While sidewalks for internal circulation will be reviewed at the time of platting
and/or design review, it is important to establish the goal of providing pedestrian -dominant
connectivity. See discussion under Staff Analysis "C" (page 25) below.
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M. PUBLIC USES PROPOSED: None
N. SPECIAL ON -SITE FEATURES:
Because the site has been changed over the decades, and is home to a golf course, there are no
apparent special on -site features.
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required. The applicant has submitted a document titled "Habitat Review" date stamped by the
City on October 30, 2009, and an amendment to the same, date stamped by the City on May 27,
2009. In addition, the applicant has submitted a document titled "Natural Features Analysis" date
stamped by the City on October 30, 2009, and an amendment to the same, date stamped by the
City on May 27, 2009. Copies of the aforementioned documents are attached to this report and
brief descriptions are provided above under item L "General Site Design Features".
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is within the Eagle Sewer District's planning area. A memo from the District's engineer
dated May 19, 2009 (date stamped by the City on May 29, 2009) states that the area bounded by
Chinden to the Rim (bench) and Meridian Road to Linder Road would be limited to serving 480
equivalent residential units (ERU's). The site is located within the United Water certificated water
service area; the applicant is required to provide proof that service is available.
Q. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
R. NON -CONFORMING USES: Upon annexation into the limits of the City of Eagle, the site may have
buildings, landscaping, parking etc. that may fall short of full compliance with Eagle City Code
relative to design and setbacks. The use of a golf course is generally permitted or conditionally
allowed in most zoning districts within the City. Upon any redevelopment of the site, the
development would need to comply in all respects to Eagle City Code and or other recorded
agreements entered into by the City and the applicant.
S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments which appear to be of special concern are noted below:
ACHD — Provides site specific requirements the District may require when a future development
application is reviewed.
Chevron Pipeline — No conflict with the Chevron Pipeline
Department of Environmental Quality -Recommend verifying that there is adequate water and sewer to
serve the project.
Eagle Sewer District — A memo from the District's engineer dated May 19, 2009 (date stamped by the City
on May 29, 2009) states that the area bounded by Chinden to the Rim (bench) and
Meridian Road to Linder Road would be limited to serving 480 equivalent
residential units (ERU's).
Idaho Transportation Department — Multiple letters submitted to the City speak to proposed development
at the intersection of Chinden and Linder as well as access concerns for the
subject site.
T. LETTERS FROM THE PUBLIC: (as of October 15, 2009)
The following letters have been received and are incorporated herein by reference:
Letter from Jeff and Elene Swanson, 2980 S. Meridian Road, date stamped by the City on June 8,
2009.
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E-mail from Mark Montierth, 7175 N. Springcrest Place, date stamped by the City on June 8, 2009.
E-mail from Eileen Winterrowd, 7102 N. Springcrest Place, date stamped by the City on June 8, 2009.
E-mail from Lee and Larry Swider, 7176 N. Springcrest Place, date stamped by the City on June 10,
2009.
Letter from Mimi Plumb, 854 River Heights Dr., date stamped by the City on July 6, 2009.
E-mail from Lynn Trosper, 7110 N. Springcrest Place, date stamped by the City on July 13, 2009.
Letter from Dana Erdman, 7283 Winward Dr., date stamped by the City on July 27, 2009.
Letter from Judith Erdman, 7283 Winward Dr., date stamped by the City on September 8, 2009.
Letter from Lee and Larry Swider, 7176 N. Springcrest Place, date stamped by the City on October 13,
2009.
Letter from Larry Sandusky, 7602 Canyon Drive, Meridian, ID 83642, date stamped by the City on
October 15, 2009.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
The golf course property is currently zoned RUT (Ada County designation) while the 5-acre parcel is
zoned R1 (Ada County designation). Respectively, the Comprehensive Plan Land Use Map designates
these sites as Public/Semi-Public and Transitional Residential.
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.
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e. To avoid undue concentration of population and overcrowding of 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 sace
5%
1.2.1 Idaho Code:
Understanding the constraints of the existing AOI, the City of Eagle began to look at the
requirements for establishing an expanded area of city impact. Under Idaho Code §67-
6526(b), the following three factors are paramount in establishing an area of city impact:
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.
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1.3 The City of Eagle Vision Statement
We envision that in the future Eagle will be:
a. known as a highly livable town that successfully balances growth with many of the
rural elements of its heritage;
b. interconnected with user-friendly pathways and roadways;
c. economically strong with a distinct downtown economic center;
d. providing diversified employment and housing opportunities for all economic groups;
f. an economically strong city, that fosters local businesses and clean industry;
h. 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.
1.6 Relationship to Ada County Planning
The goals and policies of this plan are intended to be applied within the Eagle City limits
and the negotiated Eagle Area of City Impact. The City acknowledges that the county
may not have all the tools and codes necessary to implement this plan and will, upon
transmittal and review, recommend to the county which county codes and appropriate
conditions should be implemented to best implement and meet the intent of the Eagle
Comprehensive Plan. It is the desire of the City of Eagle to have all urban development
that occurs in the Area of City Impact to be under the jurisdictional authority of the City
and connected to municipal services.
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Chapter 2 — Property Rights
2.4 Implementation Strategies
a. Land use development regulations should be designed to protect the health, safety
and welfare of the community, and to avoid any unnecessary conditions, delays and
costs.
b. The protection and preservation of private property rights should be a strong
consideration in the development of land use policies and implementation standards
and regulations and as required by law.
c. The Comprehensive Plan and implementing ordinances should strive for stable and
consistent policies regarding development densities and requirements.
d. All changes in the comprehensive plan and land use entitlement should be reviewed
in compliance with this plan and the visioning plan for the western area. (Map 2.1)
Chapter 4 — Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the public
and are generally available to Eagle residents. The City and special districts provide the
basic services of water, sewer, school, police, fire and library to residents. With Eagle's
growing population comes the need for increased public services and the necessity to
improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded play an
important role in the location and intensity of future housing, commercial and industrial
development. Since the City of Eagle depends on outside providers, it must be involved in
any plans that will affect the community. Service providers currently include:
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.
4.7 Sewer
4.7.1 Sewer Existing and Future Conditions (reads in part)
The Eagle Sewer District (ESD) was established in 1963 as a public entity separate from
the City of Eagle. The ESD service area generally corresponds to the area within the
Eagle City limits. Extensions of the ESD service area are accomplished by actions of the
ESD Board of Directors, and for the most part match annexations to the City. However,
the extensions do not have to match annexations to the City either in location or in time.
It is the City of Eagle's policy to accommodate orderly and appropriate development at a
pace that does not unreasonably impede or burden the development process. Timely
extension of sewer service is an essential feature of orderly development. Hence, in the
future the City of Eagle will take an active interest in sewerage and wastewater issues.
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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
developments in the Area of City Impact & 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 as envisioned in other sections of
this Comprehensive Plan.
Chapter 5 — Economic Development
5.3 Economic Development Goals
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.
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.
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.
Increase available jobs within the City of Eagle to levels comparable with adjacent
communities.
5.5 Economic Development Implementation Strategies
f. Seek new commercial development that will complement the Central Business District
and Eagle's rural residential identity to locate adjacent to but outside the Central
Business District.
h. Promote additional employment opportunities and expand the economic base by:
1. Encouraging growth and expansion of existing businesses and industry, and
2. Attracting additional business and industry so residents will be provided with
adequate commercial services and facilities.
i. Encourage the balancing of commercial uses throughout the City, the western
planning area, and the Foothills to avoid overloading key intersections and individual
planning areas.
J. Enforce the sizing and scaling of commercial and mixed use areas as specified in
the land use chapter.
k. Encourage the interconnectivity of residential and nonresidential areas within the
western planning area, and the Foothills to the existing CBD and greenbelt system.
1. Discourage isolated or strip commercial uses.
m. Promote and recruit additional employment opportunities that allow Eagle residents to
live and work within the City of Eagle.
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Chapter 6 — Land Use
Table 6.1
Mix of Uses (including Foothins)
❑ Commercial,
Mixed Use,
Business, &
Industrial
62%
p Residential
30%
i111;D
❑ Parks/open
8%
space
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.
e. Identify areas that will provide significant employment opportunities to the residents
of the City of Eagle, thereby supporting the City as a desirable place to live, work, and
recreate.
6.6 Land Use Implementation Strategies
b. Establish land use patterns and zoning districts that do not exhaust available services
such as sewer, water, police, fire, recreational areas, highways and transportation
systems.
c. Provide for a broad spectrum of housing types including apartments, townhouses,
condominiums, single-family attached, manufactured homes, affordable and
subsidized housing and large -acreage developments.
d. Discourage strip commercial type development.
e. Signage for non-residential uses should be incorporated as a master sign plan rather
than individual signs when located along State Highways and entry corridors.
r. Consider annexing any parcels of land allowed to be annexed by Idaho Code 50-222.
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.
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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.
aa. Discourage the creation of single use commercial and office districts.
bb. Encourage the development of districts that serve a variety of uses.
cc. Discourage mid -block commercial development along arterial and collectors unless it
is specified in the plan.
NOTE: The Eagle City Council approved through Resolution 09-19 the 2009 Comprehensive Plan
with the Rim View Planning area text incorporated below.
6.8 Land Use Sub Areas
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
B. Access
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 a residential density of up to
lunit per acre. Units may be clustered to provide for transitional lot sizes to ensure
compatibility of new residential uses to existing residential uses and the commercial and
office uses located at Linder Road and Chinden.
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.
1. Access to the area should focus on new internal linkages.
2. Primary access should be on Linder Road with limited access onto Chinden Boulevard
only in accordance with ITD'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
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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 to access commercial/services use along Linder Road.
4. Chinden Boulevard 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 and recreational uses
currently present in the area.
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 pedestrian linkages to the residential areas adjacent to the site. (See
Illustration 6.5)
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.
SLAdding
k.��,�
Residential
Areas
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D. Issues
1. One of the main concerns in the development of this area is the ability to properly balance
the commercial uses with residential uses. New uses should be designed in a manner that
provides a cohesive transition between the commercial and residential uses, incorporating
elements that will provide a common and complimentary identity between the two.
2. 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.
3. 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
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.
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.
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Right -of -Way:
As shall be determined by the Highway District having jurisdiction with recommendations
by the City and seriously considered by the Highway District.
8.2.4 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
As shall be determined by the Highway District having jurisdiction with recommendations
by the City and seriously considered by the Highway District.
8.4 Roadway System Goals
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.
Maintain the functional and connectivity of the street system for current users, emergency
response efforts, and for use by future generations.
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.
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 ITD, the ACHD and the local
development community.
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.
Protect community identity and values of important roads from unnecessary expansion by
adopting specific designs and cross sections for these roads (le: North Eagle Road).
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Public Transit Goals
Encourage the development of a local and regional public transit system. The public
transit system is to provide basic mobility for some, alternative transportation for others,
and a non -drive alone mode for everyone.
Optimize the effectiveness of public transit through supporting land use decisions.
Promote land use changes and redevelopment plans in key areas that provide densities and
activities that promote the use and efficiency of a public transit system.
Work regionally with COMPASS and Valleyride to plan for the potential of a regional rail
or bus rapid transit system. The SH-44, SH-16, SH-55 and US 20-26 corridors have the
greatest potential.
Coordinate with the Land Use Elements of the Comprehensive Plan to establish potential
transit nodes in the future transit corridors.
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.
e) 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.
8.6.2 Specific Design Strategies
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.
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j) Encourage planning of local roadway systems that will provide for intra-neighborhood
connectivity. The connecting roadways should be designed to not become collectors
and to discourage traffic from cutting through neighborhoods to go from a collector or
arterial to another collector or arterial. Such intra-neighborhood connectivity is for
emergency and delivery vehicles and for local intra-neighborhood access.
1) 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.
m) A collector street system shall be pursued within each square mile of development
adequate to serve the density of development. Special requirements may be
considered in the rural and Foothills development areas or other places where
topographic constraints or low traffic volumes limit the need for the mid -mile
collector road system. Suggestions shall be forwarded to ACHD for long range
planning purposes.
n) Develop grid systems at commercially zoned arterial intersections, where feasible, in
order to support increased traffic.
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.
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
intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is not
unnecessarily pushed out onto arterials and collectors.
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.
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.
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Service level impacts shall be minimized through project modifications, traffic
management plans, street improvement plans or other means.
1) New developments shall be required to stub access to adjacent underdeveloped
parcels, where appropriate.
8.6.6 Multi -purpose Strategies
a) Ensure that transportation and regional transit improvements are constructed or funded
in coordination with land developments. This may be accomplished with direct
funding, extraordinary impact fees, local option sales tax and other funding
arrangements.
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.
Community design is the organized fashion in which a community is developed in order
that a general mood or theme is established and maintained. Elements of the Eagle
community design include: (a) a rural transitional community with a shopping district
functioning as the hub of the community; (b) the Boise River and its floodplain with
wildlife, trees, and recreation opportunities; (c) the rolling hills north of the river; and, (d)
a network of canals and natural waterways which crisscross the community.
12.2 Goals
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.
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.
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.
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
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
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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.
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.
g. 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.
h. Reject any development that would establish or tend to establish another City center
outside of the Central Business District.
i. Discourage excessively large single entity businesses that would jeopardize the
competitive business environment.
j. Require new residential, commercial, and industrial development to meet minimum
design standards as specified by City Ordinances.
1. Develop buffer and transition zones between conflicting types of land use.
in. Develop ordinances that will establish the Urban Service Planning Area as the prime
urban development area of the City and Area of City Impact. Development should be
allowed in the area on the condition that sewer and domestic water facilities would be
provided to such development as described by the Water Supply and Sewer Policies of
the Public Services Facilities and Utilities section of this Comprehensive Plan.
r. Encourage the development of a strong community identity through urban design
standards, downtown revitalization, cultural activities, and visual gateways to the City.
u. Protect and enhance the small town character of the City by requiring signage which is
creative and distinctive, compatible with its surroundings, and an integral component
of the style and character of the building to which it relates.
w. Create a City composed of neighborhoods in which basic amenities (schools, utilities,
parks, and services) are accessible, visually pleasing, and properly integrated to
encourage walking and cycling.
x. Ensure that all commercial uses are designed to be compatible with, and context
sensitive to, residential uses and environmentally sensitive areas.
Provide increased residential density along the State Highway 44 and State Highway
20/26 corridors when accompanied by alternative access plans.
z. Ensure that commercial development is scaled appropriately to the intended regional,
community and neighborhood use.
aa. Limit non-residential uses to designated areas and make scaling and intensity of use
paramount criteria during the review and approval process.
bb. Ensure that gateways are properly delineated and incorporated into development
through the use of approved landscaping, entry markers and place making features.
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dd. 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)
ff. Recognize the following gateways:
1. Chinden Boulevard and Linder Road
ii. Establish a policy requiring annexation or a consent to annexation by the City of Eagle
prior to development within the Eagle area of city impact.
kk. Require all non -transmission utility distribution within the City of Eagle to be
installed underground.
11. Require that all urban development shall occur under the jurisdictional authority of the
City and shall be connected to municipal services.
Illustration 12.2
Gateway Markers
Chapter 13 — Implementation
13.5 Comprehensive Plan Amendments
From time to time, changing conditions will result in a 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
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Commission for a plan amendment at any time. On its own initiative, the City Planning
and Zoning Commission may also 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
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. 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.
b. Require any person applying for a Comprehensive Plan amendment to submit
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 their evaluation of the
request.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 8-3-3 (D) Side And Rear Yards For Nonresidential Uses Abutting
Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40') to
any lot line of a residential district; except that the minimum yard requirements may be reduced to
fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the
council is provided. Such screening shall be a masonry or solid fence between four (4) and eight
feet (8') in height, maintained in good condition and free of all advertising or other signs.
Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than
twenty feet (20') in width planted with an evergreen hedge or dense planting of evergreen shrubs
not less than four feet (4') in height at the time of planting.
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• Eagle City Code, Section 8-10-1(A): REQUIREMENTS AND RESTRICTIONS (for development
agreements):
Purpose: Development agreements are a discretionary tool to be used by the Council as a condition
of rezoning. Development agreements allow a specific project with a specific use to be developed
on property in an area that is not appropriate for all uses allowed or conditional in the requested
zone.
C. DISCUSSION:
Subject Property Proposed Comprehensive Plan Amendments
Since the 2004 adoption of the Western Area Plan, the City of Meridian has annexed and or
comprehensively planned for nearly 1,100 acres of land within the Eagle's area of impact. These
actions represent the removal of 9.6% of the City's non-residential uses today, including the foothills.
See "History of Relevant Actions" on page 2-3 of this staff report.
The applicant is requesting a change in the comprehensive plan land use map designation from
approximately 79-acres of Public/Semi-Public and 5-acres of Transitional Residential to Mixed Use to
allow for the development of both commercial and residential uses. With this format, the Transitional
Residential element of the property will remain mostly intact with commercial uses located along
Chinden Boulevard and residential uses located north and adjacent to existing residential
neighborhoods.
• Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (3)) within the
2000 Comprehensive Plan the Applicant must show, "the condition or situation which warrants a
change being made in the plan." In the July 27, 2009 (revised), justification letter provided by the
applicant, date stamped by the City on July 29, 2009, the applicant recognizes that the parcel directly
west of this site has been designated commercial and the subject site will, "include the transitional
component of Mixed Use necessary to buffer the existing residential and create opportunities for
neighborhood business and supplemental commercial." While this scenario has its merits, does it
qualify as a specific "condition or situation" that would necessitate a change to the plan? The
applicant states, "The reality of economics and sustainability has led the City to recognize the planned
community must include components of land use that provide the greatest diversity, job opportunities
and homes while protecting the lifestyles of those who have made Eagle their home. We see that
between 2000-2006 Eagle experienced 50% growth. In 2007, the City completed a full scale review of
Economic Stability for future growth of the City. That study pointed out that the city could not sustain
itself with only large lot development. The decision was made to become sustainable instead of just a
bedroom community." Obviously, a city needs to have a mix of components (residential, commercial,
sense of community) to be a thriving and self-sustaining entity. Yet recognition of a desired change is
not a "warrant" nor is change for change sake necessarily a situation or consideration that is
appropriate for the subject area.
Needless to say, the reality is the area around the intersection of Chinden Boulevard and Linder Road
is in the throes of change — intensive change. The applicant alludes to this as stated in the justification
letter, "This site is not limited to the confined boundaries of Eagle's Area of Impact or influence of just
Eagle." As of August 12, 2008, the Idaho Transportation Department had: received an access permit
application, reviewed a traffic impact study(s) (TIS), or reviewed a land use plan for proposed
development on all of the corners around the intersection. They are summarized as follows:
• Northwest corner: Knight Sky consisting of approximately 150,000 s.f. commercial, 75,000 s.f.
office, and 125 residential units on approximately 58-acres
Southwest corner: Knight Hill consisting of approximately 39,000 s.f. commercial, 21,000 s.f.
office on approximately 10-acres
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Southeast corner: DMG Real Estate consisting of approximately 700,000 s.f. commercial, 98
residential units on approximately 80-acres
• Northeast corner: Eagle Island Market Place consisting of approximately 362,000 s.f. commercial
on approximately 39-acres
Combined, these proposed projects represent approximately 1,347,000-square feet of non-residential
(commercial, office) and when considered with the Wilson property (280,000 s.f. of non-residential)
totals 1,627,000-square feet (on 215-acres). For a comparison, the south side of Fairview Avenue on
both sides of Eagle Road has approximately 1,000,000-square feet of built commercial (an additional
1,000,000-square feet is slated for the north side of Fairview). As a side note, for perspective, the
Linder/Chinden intersection will need to be the same size as the Fairview/Eagle intersection is today,
even without development occurring in the area.
Another comparison is the Treasure Valley Marketplace, a 600,000 square foot development located
generally on the northeast corner of Karcher Road and I-84. On the opposing side of the interstate,
and located approximately 1/2-mile away, is the Karcher Mall complete with associated satellite uses.
According to information on a flyer (dated 4/l/08) prepared by Thornton Oliver Keller and obtained
from their website, the Treasure Valley Marketplace has a trade population of 235,542; no geographic
radius for the center was represented on the flyer.
However, it may be considered that in order to make the best of the situation at hand (a parcel located
adjacent to a regional arterial, adjacent properties approved or planned for commercial uses) a
development that is transitory in format would better suit not only the subject property but the existing
and planned residential uses to the north and east as well. With development looming on all four
corners of the Chinden/Linder intersection, the City will need to mitigate to the furthest extent possible
the effects of this development. Staff considers the subject property a transitional site, with uses and
form (design) fading from the regional center located on the corner of Chinden and Linder to the
residential areas located to the north and east. This site is most appropriate to be termed "Limited
Service Commercial" which is defined in the Eagle Comprehensive Plan as:
"Uses that accommodate retail sales and services for the daily self sufficiency of local
communities, ensuring that the intensity of limited commercial development is compatible with the
character of the area with special concern to adjacent residential uses."
While the City does not have a district labeled "Limited Service Commercial", the Mixed Use zoning
district will accommodate the types of uses that are referenced above. Staff believes that because the
40-acre parcel on the northeast corner of Chinden and Linder (regional center) already holds a size and
intensity that nears the public's threshold for commercial development; there is no compelling reason
to continue that format further east onto this site, especially considering the City of Meridian's
planning of the three remaining corners of Chinden and Linder. There is however a persuasive reason
to have "support" uses in the form of small retail, office, and service uses to not only complement the
regional center uses but to also benefit existing residential units as well as the new units that will be
constructed nearby. Typically, these "support" uses occupy buildings that run in the range of 5,000 to
20,000 square feet in size, orbiting around larger buildings in the 60,000 to 80,000 (or larger) range.
This scenario is or will be evident as the Eagle Island Market Place (EIMP) develops on the property
located to the west of this site: a larger building consisting of 187,000 square feet with smaller satellite
buildings proposed to be developed with sizes ranging from approximately 5,400 to 30,000 square -
feet.
Further, as properties to the east develop, with predominantly residential uses, there requires a certain
limitation on form and intensity to impart both a continuous appearance and character of design and
setting as well as to act as a buffering mechanism for those non-commercial uses.
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Staff recognizes that there is a condition or situation that may be construed as a warrant to change the
Comprehensive Plan: intensive commercial development on the horizon at all corners of the
intersection of Chinden and Linder. If residential were the sole use on the Wilson property, the sudden
change from "big box" retail to a residential use would not well -serve the area; the delineation between
uses would be abruptly apparent wherein the goal is to progressively transition uses from one to
another. The visual character of the area should be designed through scale, intensity, and form to
create structures and settings that are in harmony with existing and planned development in the vicinity
of the site. The question of how to mitigate the condition and situation is described in the sections
below.
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". The July 27,
2009 (revised), justification letter provided by the applicant, date stamped by the City on July 29,
2009, does not explain why there is no other "solution" to the condition or situation that necessitates a
change to the plan. Yet it does seem that the applicant alludes to a solution based upon a premise that
because it is feasible it must be desirable, expressing this idea merely through the proposed square
footage and uses rather than through a plan or "course of action". This Hobson's Choice (accept the
only option offered or none at all) of the matter is not a solution and does not justify the proposed use.
Given the limited information, therefore, we must consider the applicant's proposal as their solution,
and now must assess whether the solution is viable. In this vein, the development comparisons in the
section above are presented as an attempt to evaluate and address current market conditions and
commercial absorption. While the applicant provided a "Market Square Footage/Absorption" letter
from Bob Mitchell of Thornton Oliver Keller (date stamped by the City on July 7, 2009), staff did not
believe the analysis was sufficient to assess whether the Wilson property is capable of supporting
280,000 square -feet of non-residential uses or, for that matter, the Chinden/Linder area supporting 1.5-
million plus square -feet. Staff used data from a demographic forecast prepared by COMPASS to
create a rudimentary assessment to establish a trade area with a population of 235,000, similar to the
Treasure Valley Marketplace asserted trade area demographics. To draw this many people to the
1,627,000-square foot Chinden/Linder development area, the geographic zone would need to include
all of Eagle, Star, Meridian, Garden City, the north foothills, the West Bench Area of Boise,
Middleton, and beyond since this area reaches a population of only 199,930 people, based on the 2010
forecast. The 2030 estimate for this same area is 300,253. Of course this is a rudimentary assessment
but the point is again, there is no evidence to support otherwise. Yet taking a common sense approach
and making comparisons to other areas that have been developed in a similar manner as proposed
herein, it would seem that appropriate conditions are not quite present. This simple assessment does
not consider the commercial square -footage that exists in the general vicinity, which will certainly
dilute the trade area necessary for this development zone. Staff's conclusion led to the request that the
applicant provide a more detailed report, which was subsequently submitted and titled "Wilson
Properties - Market Analysis - Foxtail" by ROIC analytics, LLC (July 2009), date stamped by the City
on August 13, 2009 (attached). This "chain store analysis" stated, in part, the following:
o "Eagle & Fairview and the Eagle Road Corridor are regional draws, with major retailers
and numerous dining options. Meridian and Eagle are typical of burgeoning downtown
areas with both chain retail serving the neighborhood and specialty retail and unique
restaurant options that serve the neighboring residents as well as individuals doing
business or seeking entertainment in the area. Chinden and Linder is more characteristic
of a neighborhood center, with most dollars coming from the surrounding neighborhoods.
Attracting brands such as Whole Foods, Trader Joes, or Cabela's could allow this location
to pull much further than the primary and secondary trade area, but it would likely be a
different shopping trip than would be typical of a visit to the retail areas along Eagle Road.
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Whether Chinden & Linder has only tenants that are neighborhood -based or of a regional
nature, neither type of retail mix should significantly impact the central business district
(CBD) in Eagle. Eagle residents already travel to national retailers in the Eagle Road
corridor, Meridian and Boise and shifting their buying patterns to Chinden & Linder
would not take away dollars currently being spent in Eagle's CBD." (page 19)
o "Below (chart within study) is an estimate of retail square footage for the general vicinity
of the site, encompassing the intersection of Chinden and Linder. This analysis attempts
to place tenant classes with the highest opportunity followed by those categories with
moderate opportunity, using typical configurations of tenants for similar retail properties.
As there are numerous possible configurations for these properties, the results should be
viewed as a rough estimate for high-level planning purposes. This analysis in no way
guarantees that the intersection can support the retail indicated nor makes any
claims to retailer success or failure at this site." (emphasis added) (page 18)
While not meant to create doubt or to be critical about the report, it undoubtedly speaks to the
uncertainty of predicting retail success and moreover, is reflective of the vagueness of this entire
proposal (application). The quandary is that while the report did speak to the site in particular; which
is necessary (of course) it did not provide the needed information, that is, of the market conditions of
the surrounding areas — "The Bigger Picture". While the site must be able to stand on its own, it must
also be able to stand among other developments so that it will be viable now and in the future.
Subsequently, the City requested a peer review of the ROIC report by a third party, Dr. Don Reading
of Ben Johnson Associates, who prepared a report entitled "Analysis of `Market Analysis: Foxtail'
ROIC analytics, LLC (July 2009)". Some of the statements from this report include:
o "One can certainly argue that once the economy recovers, the Treasure Valley will grow
more rapidly than it has in the past few years. Given current economic conditions,
however, it is unlikely that the recovery will come soon enough and be strong enough to
attract the population necessary to support the retail and office development indicated in
the ROIC Report by the year 2015." (page 3)
The Reading report references various proximate areas (to the subject site) and their current month -
supply of office and retail space, or the amount of time needed to fill vacant space. For example,
Eagle has a 50-month supply of retail and a 60-month supply of office; West Boise has supplies of 60-
months and 40-months for retail and office, respectively. Speaking to this subject, the report states:
o "This vacant retail and office space, already constructed and on the market, will compete
for tenants within ROIC's defined trade areas. At a minimum, it means that the demand
for retail and office space in the Chinden and Linder trade area will be pushed out beyond
the 2010 and 2015 time frames." (page 5)
o "Along with proposed developments on the other three corners, the Foxtail property would
support 1.6 million SF of office and retail space according to the ROIC Report. This is in
addition to other proposed retail developments and current vacant space elsewhere in the
Secondary Trade Area. These numbers are not supported by a realistic population
projection between now and 2015, nor by potential competition from other developments
and vacant office and retail space." (page 7)
o "On the one hand, there is sufficient office and commercial development already planned
to serve the population of the area for many years to come. Therefore non-commercial
development of the property may be a better fit within the City's existing Comprehensive
Plan and the vision of what it wants Eagle to be as the City matures. On the other hand,
given the prime location, the property may well attract retailers before other planned
locations." (page 7)
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Staff is not debating the differences between the studies, rather it is the scale and intensity that is the
issue — the type of retail and how much.
In staff's analysis, the leasable square footage proposed for the site creates a scenario that has not been
justified to serve this area. Further, the proposed development of the property remains in a raw form -
there is nothing to "hang a hat on" in order to appropriately measure the intensity of the proposal.
How is the applicant's proposed 280,000 square feet of non-residential uses appropriate for this area?
Repeatedly, it has been stated by the applicant that they have no "specific" plans, yet a commercial
designation that allows intensive uses of a regional nature is certainly the objective. The preference is
to allow the market to drive the development, which in many instances makes sense; in the long and
short land uses are in a state of flux. And yet this is all too wide open to be able to justify; without
solid dimensions and intensities, how may the proposal be deemed appropriate? How may the City
place appropriate "safeguards" to allow any development on the site? The City needs a clear concept
of the development in order to mitigate impacts (to residents, traffic and roadways, community
cohesion, and aesthetics, etc.) and assess whether the commercial uses and sizes are in line with what
the City believes is appropriate for the area. Considering the prospective development adjacent to this
site, the most appropriate measure to fall back on is one that is similar to the "neighborhood center"
concept as explained in the Comprehensive Plan and briefly described below:
o Approximately 40 to 60 acres in size and allow up to 150,000 square -feet of leasable (non-
residential) space or 2,500 to 3,750 square -feet per acre (limited by terrain, access,
surrounding uses, etc.); may have residential densities of up to 6 to 10 units per acre.
o Integrate a combination of uses including office, retail, and residential
o Located at collector and arterial intersections
o Are to be sized and scaled, clustered and massed to be compatible with surrounding
single-family uses and to add interest and character
o Normally open-air shopping areas with buildings oriented to streets or central plazas to
encourage pedestrian scaling and neighborhood feel
Based upon previous public participation processes regarding the Comprehensive Plan, the threshold
of a regional commercial center lies between 250,000 and 450,000 square -feet. Combining EIMP at
366,000 square -feet with 70,000 to 105,000 square -feet for the Wilson property the community
tolerance is met or exceeded; the regional commercial center has been staked with EIMP. Therefore,
surmising the information provided above, and that included within the two market analyses
referenced herein, the site should be limited to the type of development and square footage as
calculated below:
A Neighborhood Center comprised of between 70,000 and 105,000 square -feet with no single
building to exceed 7,500 to 10,000 square feet in size.
With the lack of information, the City will need to prescribe the appropriate level and breadth of
development. This must be couched with the objective to dissuade any negative impacts upon the
vitality of the Eagle Downtown. It appears that the majority of the types of retailers that would
frequent the subject intersection typically would not locate in the downtown, either because a
downtown is not their "natural" setting, there may be established competition, or there may not be the
appropriate sized land form to accommodate their needs. It would then seem that most of the
competition with the downtown would come from restaurants and specialty shops, those that typically
take advantage of the traditional storefront and pedestrian oriented streetscapes typical of a downtown.
And yet, in an effort to promote smart growth practices and convenience for residents, commercial and
employment activity must be located within close proximity of residential areas. In this instance, form
is clearly the more dominant factor in determining where businesses locate and, that being the case, the
downtown and a mixed -use neighborhood, while both highly desirable, offer two distinct
environments. This is a policy decision the City will need to carefully weigh; clearly a balance
between commercial uses in the downtown and outlying areas will be necessary. Again, consideration
may be given to allowing a small-scale mixed use development that is complimentary and cohesive
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with existing and planned commercial and residential lands in the subject area.
• Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4)) the Applicant
must identify "the public benefit that would occur from such a change in the plan." The July 27, 2009
(revised), justification letter provided by the applicant, date stamped by the City on July 29, 2009, lists
numerous statements that the applicant considers benefits, such as:
o Well -planned community that encourages diversity in housing opportunities/fosters economic
vitality.
o Current congestion will be helped by Eagle Island Marketplace's commitment to providing
improvements to Chinden/Linder intersection
o Capture vehicle trips providing shorter travel time and greater convenience
o Help build Eagle's economic base by providing 400 new jobs
As briefly mentioned previously, the project may provide an opportunity to mitigate the intensity of the
development that is occurring south and west of the subject property, perhaps acting as a buffer to
existing properties north and east. This does not justify the subject site being developed at the same or
even greater intensity as those planned before it. While the applicant's stated benefits would also
contribute to the City as a whole, achieving the goal of transition in form, use, and intensity would
better serve the project vicinity.
This concept was employed when the City planned the Chinden/Black Cat area to create a mix of uses
combining regional commercial, retail, and transitional density residential uses. The vision for that
area was to capitalize on the unique topography along the rim while recognizing the need to provide
regional commercial opportunities along Chinden Boulevard. But these commercial activities were
limited to 40-acres; office and light retail were to serve as a buffer between commercial and residential
uses; residential lot sizes transitioning from 1/2 to 1 acre, with smaller lots adjacent to office areas and
larger adjacent to existing residential.
When the City reviewed its "make-up" of commercial and residential lands, the plan was set in place
to address abundances and shortcomings, and areas were subsequently designated for build -out.
Considering the changes at the Black Cat and Chinden intersection and to maintain the balance that
was desired, the Chinden/Linder area was/is considered appropriate for a more intensive use than
previously planned while not significantly changing the prescribed residential/non-residential ratio of
the City as a whole. And now we are faced with additional commercial proposed not only on the
subject site but on the surrounding lands as well - how does this disrupt the balance? It throws it
beyond the thresholds for intensity and size established by the public and their involvement in the plan.
When the 40-acre Black Cat planning "format" was moved and approved for Linder, it did not mean
that the surrounding properties were appropriate and ripe for intensive commercial of the same mold.
It meant that transition of form and use was going to be, and is, necessary to limit the impacts to
surrounding properties AND to meet the overall objectives of the plan.
Traffic Analysis
For background, a memo to COMPASS from Parametrix (dated November 14, 2008), refers to the
"Traffic Analysis Technical Memorandum", an analysis incorporated in the US 20/26 Corridor
Preservation Study that included data relative to the Chinden/Linder intersection. In 2005, approach
traffic volumes on Chinden were 14,000 vehicles per day (vpd) while Linder had 6,500 vpd; the
intersection operates at a Level of Service (LOS) D. In the year 2030, approach volumes will reach
48,000 vpd and 19,000 vpd respectively which will result in a LOS of E using a conventional
signalized intersection (a "diamond" interchange would result in an LOS of Q. See below for other
information.
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According to the Idaho Transportation Department, the Chinden and Linder intersection is now no. 5
on the High Accident Location list for District III; the previous year it was at no. 9. The Ada County
website lists traffic counts on Chinden west of Linder Road at 20,666 vtd (8/21/07) and 19,214 vtd
(6/18/09) east of Linder Road, and on Linder Road south of Chinden at 7,781 vtd and north at 9,442
vtd (10/08/2008).
The applicant has submitted a traffic study dated October 29, 2008, and a revised study dated January
16, 2009, prepared by Thompson Traffic and Civil. Study addendums dated April 6, 2009, April 14,
2009, April 21, 2009, and a revised April 21, 2009, dated June 3, 2009 (date stamped by the City on
May 27, 2009, April 27 2009, and June 3, 2009, respectively) have been submitted and principally
relate to the effects of residential development of the Yorgason property located east of the Wilson
property. A timeline of these iterations, prepared by Thompson Traffic and Civil, is attached to the
staff report; copies of the traffic study have been provided to ITD, ACHD. The following conclusions
of the report are presented as a summary with effort made to not present the report out of context; a full
report is attached to the staff report:
o The Wilson property is assumed to generate 8,804 vpd, based on 280,000 square -feet of
non-residential, 40 single-family residential units, and 64 multi -family units — this number
will fluctuate slight depending on the mix of residential uses; the site is limited to 128
residential units due to sewer capacity. (January 16, 2009, report)
o The Yorgason property, to be developed residentially, is assumed to generate 2,651 vpd,
based on a proposed density of 2.5 units per acre (275-units). Because the site is limited
to 257-units due to sewer capacity, this number may be assumed to be slightly less (2,460
vpd). (April 21, 2009 letter, revised June 3, 2009)
o The intersections of Chinden/Linder, Chinden/Meridian, and Chinden/Fox Run all
currently operate at an acceptable LOS and under future background conditions for the
build out year (2015) will all operate at LOS F. Improvements for each intersection will
be necessary to reach an acceptable LOS for the build out year. The Communities in
Motion Regional Long Range Plan 2030 recommends expansion of Chinden (Hwy 20/26)
to four lanes. None of the proposed improvements are budgeted or scheduled for
construction by ITD in the next 5 years.
o As noted in the letter dated July 7, 2009 (date stamped by the City on July 8, 2009),
prepared by Thompson Traffic and Civil, the applicant believes that the use of the existing
access (currently serving the golf course) as the main access into the development is the
best option for access when considering "(i) the efforts we have made to improved
interconnectivity and local circulation in the northeast quadrant (intersection of
Chinden/Linder), (ii) the interconnectivity limitations of adjacent properties, and (iii) our
traffic report that shows our proposed access solution works with the planned development
and road improvements in the Chinden/Linder area."
To say the least, access to the site remains a moving target at this point in time. Ideally, access could be
accommodated at a signal, such as an access road through to the signalized intersection at Fox Run, or, as
initially proposed, moving the current signal to the west to the 1/2-mile point between Linder and Meridian
roads. Also, initial discussions had been aimed at a shared access at the common property line with the
EIMP project to the west of this site (approximately the 1/4 mile point). The applicant now intends to
utilize the existing access initially approved for the low -volume golf course to continue as the main access
for the proposed commercial development and intensification of this access must be approved by ITD at
the time the redevelopment occurs. There are multiple concerns and impacts with either of these scenarios,
both with developers and more so with residents and the public in general. As such, there has been
resistance by one party or another when any one of the accesses is discussed. It is important to note there
remains the opportunity to adequately facilitate an access that respects the concerns (mostly) of the parties
involved (EIMP, Wilson Properties, Foxtail residents, the City, and ITD). With the potential to take
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advantage of multiple connections to the site, it would behoove the applicant to work with the neighbors,
ITD, and the City to provide internal circulation roads to serve this area while utilizing limited access
points to State Highway 20/26.
Regardless of the final determination on access, the applicant must work with surrounding property owners
to provide adequate, safe, and efficient circulation throughout the adjoining parcels. It is imperative that
internal linkages are established that, in the northern section of the area, are predominantly pedestrian
oriented with indirect vehicle linkages designed to accommodate local trips and prohibit cut -through traffic
between commercial and residential sections. In the southern area the objective is to provide cross access
among parcels to eliminate the need for customers and residents to enter the arterial system only to re-enter
a development a few feet away. And finally, the location of a shared driveway at the common property
line with EIMP must remain a consideration.
COMPREHENSIVE PLAN PROPOSED TEXT AMENDMENTS
The applicant has submitted the following language to amend the text of the Comprehensive Plan, with
underlined text proposed to be added and strikethrough text proposed to be deleted by the applicant. City
Staff's comments appear in italicized text.
6.3.16 Public/Semi Public
Suitable primarily for the development of such uses as golf courses, parks, recreation facilities, greenways,
17)
schools, cemeteries, and public service facilities such as government offices. Support activities may also
be permitted. A parcel or assembly of parcels 75 or more acres that has at least 1000-feet of frontage on a
principal arterial and that is immediately adjacent to a parcel holding a commercial designation may be
developed as allowed in the mixed use designation.
All development within this land use is encouraged to be designed to accommodate the different needs,
interests, and age levels of residents in matters concerning both recreation and civil activities. Where
mixed uses are allowed, development is encouraged to be designed to buffer and complement adjacent
land uses and ensure compatibility of new development with existing and future development designations
as set forth in the Comprehensive Plan Map.
The public/semi public land use designation is not a residential land use designation, except where mixed
uses are allowed. When a project or development is designed that contains or is adjacent to land holding a
public/semi public land use this land will not be included when calculating the allowable residential
density. Projects that hold a residential designation that want to provide amenities similar to those allowed
in the public/semi public designation may transfer density within the development only when using the
standards established in the Planned Unit Development as defined in the comprehensive plan.
These changes are not necessary nor are they warranted. If the proposed changes were made, the intent
and vision of Public/Semipublic land use designation would cease to exist; it would merely become a
mixed use designation. Staff does not recommend any change to this section of 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, and the need to buffer and preserve the existing residential developments, and the need to
provide commercial opportunities for a regional commercial center along the regal transportation
corridors south of the Boise River. Because of the alignment of the State Highway 16 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.
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This proposed change is too broad; it seems to imply that a regional commercial center is appropriate
along the entire corridor (of Chinden Boulevard). Moreover the emphasis changes from recognizing the
importance of the corridor as functioning as a regional transportation conduit. Staff believes the
language as written in the Comprehensive Plan remains appropriate for defining the area and thus no
changes to this section are recommended.
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. The
approximately 85-acre area immediately east of the commercial area (i.e., the 80-acre parcel
immediately east of the commercial area and the 5-acre parcel at the northwest corner of Fox
Run Ave and Chinden Blvd.) shall be permitted to develop as allowed in the mixed use
designation. It is anticipated that an approximately forty acre area immediately north of the
commercial area also will be developed as allowed in the mixed use designation. Accordingly,
the site plan of the commercial area should be cohesive with the prospect of mixed use
development on the adjacent abutting_ parcels.
The Comprehensive Plan should not be construed as the mechanism to grant an entitlement to
a property; the Plan is the establishment of policy (intent) while the zoning designation of a
site determines the type of development; that is, zoning is the execution of policy. It is
necessary to modify the proposed language to show the vision of the area but not to grant the
property a particular right; this may be afforded through a development agreement and as
such, Staff does not recommend any changes to this section of the Plan.
2. Areas designated as Transitional Residential should have a an average residential density of up
to 1 unit 2.5-units per acre. Units may should be clustered to provide for transitional lot sizes
to ensure compatibility of new residential uses to existing residential uses and the commercial
and office uses located at Linder Road and Chinden.
The term "average" may be considered appropriate in this instance in order to facilitate the
clustering and higher density residential that may be more appropriate adjacent to
commercial uses, and to accommodate an appropriate transitioning of lot sizes. The density
will be limited due to available sewer capacity.
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.
b. Access
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. Concur
Primary access should be on Linder Road 2,wit , hwAted and Chinden Boulevard e1i4y in
accordance with ITD'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.
Disagree. Nothing in the planning of this area, as well as the 20126 corridor has changed to not
have limited access to the roadway.
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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 to access commercial and mixed use/services use a4ang Linder- and create cross -
access into adjoin properties. Concur
Chinden Boulevard should be recognized as a gateway corridor to the City of Eagle and
development should adhere to proper berming, landscaping, and appropriate setbacks set by ITD
and the City of Eagle 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. Concur.
C. Design
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.
Design of this area should be compatible to the existing residential uses currently
present in the area and future mixed uses. Concur
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 vehicle and pedestrian
linkages to the mixed use and residential areas adjacent to the site.
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.
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.
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.
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. New mixed uses should be designed in
a manner that provides a cohesive transition and connectivity between the commercial and
residential uses, incorporating elements that will provide a common and complimentary identity
between the two such uses. Concur
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.
As this area develops, consideration should be made of the transitory non -farm uses that have been
approved by Ada County which may be nearing the expiration on the open space restrictions, as
well as the conversion of existing semi-public commercial uses to mixed uses.
Redundant; no change necessary
ANNEXATION AND REZONE
The applicant has submitted proposed conditions of development to be considered in a development
agreement for this site. These conditions were submitted with the premise that a preannexation
development agreement would be necessary since the subject property was not contiguous to the Eagle
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City limits. This application is now being considered in conjunction with another application that, if
approved for annexation, would provide a path of annexation to the Foxtail property; any conditions
approved with this application would apply regardless.
The applicant has submitted the following conditions of development to be included within a development
agreement (dated 8.26.09)*. Please see staff's comments and recommended revisions under the
heading "STAFF RECOMMENDATION REGARDING THE ANNEXATION AND REZONE"
* Note — On February 22, 2010, the applicant, City Attorney and City Staff provided revised Conditions of
Development which are shown below Council Decision Regarding the Annexation and Rezone (page 44).
3.1 Golf course operations may continue on the Property, or such portions of the Property, until
Applicant elects to abandon such operations. Nothing in this Agreement shall be construed or interpreted
to limit the use of the Property for a golf course, including present and future appurtenant operations (e.g.,
driving range, retail and restaurant sales in its clubhouse, golf lessons, social events, etc.). Further, nothing
shall be construed or interpreted as limiting or preventing the Applicant from securing and using
entitlement permits for additional golf course related structures, improvements or operations.
3.2 Nothing in this Agreement shall require Applicant to fulfill its pre -development obligations with
respect to any Use Area until such time as Applicant elects to abandon golf course operations in such Use
Area (as defined in Section 3.4 below); provided, however, Applicant shall not be entitled to pursue
development of any Use Area pursuant to this Agreement until its pre -development obligations with
respect to such Use Area have been completed.
3.3 All future development of the Property shall be generally consistent with the Concept Plan (as
amended from time to time); provided, however, it is the intent of this Agreement to allow flexibility at the
time a detailed plan and platting are submitted to Eagle so long as the general intent of the Concept Plan
and the requirements set forth in this Agreement are met. The Concept Plan is not a fixed development
plan but only Applicant's current concept for the future development of the Property. Eagle understands
that Applicant does not have a particular project in mind at this time, so the Concept Plan only represents
Applicant's best guess of appropriate future development for the Property once it is no longer feasible or
desirable to operate a golf course on the Property. Further, Eagle understands that a number of factors may
make it convenient or desirable to change the Concept Plan from time to time, including, but not limited to,
development of adjacent properties, location of/restrictions on access to Chinden Boulevard, locations of
roads to adjacent properties, and market conditions. Accordingly, if the Applicant finds it convenient or
desirable to change the Concept Plan in the future, Eagle shall give any proposed changes from Applicant
fair consideration. If Eagle reasonably determines that any proposal requires public comment due to
potential impacts on surrounding property or the community, Eagle may hold public hearings on such
proposal as then provided by Eagle City Code.
3.4 The uses areas indicated on the Concept Plan (referred to herein as "Use Areas") shall be subject
to the following use, size and/or density limitations:
3.4.1 For the "MU-DA (Commercial) Use Area" indicated on the Concept Plan, the permitted
uses shall be all those that are permitted or conditional uses identified under the Mixed Use
District in the Commercial section of Eagle City Code 8-2-3 except for the following uses which
are prohibited:
• Ambulance Services
• Cemetery
• Circuses and Carnivals
• Drive in Theater
• Hospital
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• Kennel
• Mortuary
• Nursing/Convalescent Home
If the permitted and conditional uses in the MU zoning designation are expanded, such expanded
uses shall be allowed as permitted or conditional uses as the case may be. The MU-DA
(Commercial) Use Area shall be limited to 210,000 square feet of enclosed building area (i.e.,
enclosed with walls and roof), with no single enclosed building area greater than 120,000 square
feet in size and no structure abutting Chinden Boulevard to exceed 20,000 square feet of enclosed
building area. Applicant shall endeavor to locate the following "target uses" in accordance with
the target use areas as depicted on the Concept Plan:
• Computer Store
• Book Store
• Restaurants (including drive thru)
• Banks/financial institutions (including drive thru)
• Specialty food stores (not greater than 25,000 sq. ft. of floor area)
• Specialty retailers
• Fitness centers
• Sporting goods stores
• Entertainment centers (i.e., movies, games, miniature golf, etc.)
• Home improvement stores
• Furniture stores
• Retail pharmacies
• Garden centers as secondary use to primary retailer
• Theater
• Feed/seed retail
3.4.2 For the "MU-DA (Neighborhood Business) Use Area" indicated on the Concept Plan,
the permitted uses shall be limited to the following; provided, however, additional uses may be
permitted if a modification to this Agreement is approved by Eagle:
• Artist Studios
• Banks/financial institutions (including drive thru)
• B ars
• Beauty/barber shop
• Bicycle Shops
• Catering service
• Child Care Center
• Daycare Center
• Commercial Entertainment Facility (indoor)
• Communication facilities (with conditional use)
• Drugstore
• Christmas Tree Sales
• Church
• Clinic (medical or dental)
• Club or Lodge
• Coffee/bakery shops
• Convenience store with fuel service
• Electronic sales, service or repair shop
• Fitness Centers and Spas
• Food and beverage services
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• Health clubs, spas, weight reduction salons
• Home and business services
• Nursery, plant materials
• Office, business and professional
• Personal improvement
• Personal services
• Personal wireless facilities (height 35 feet or less)
• Photographic studio
• Printing and/or blueprinting
• Professional services/activities
• Restaurant (with drive thru)
• Retail sales (general, pharmacies and medical)
• Specialty Stores
• Storage (enclosed building)
• Travel services
• Veterinary Clinic/Domestic Animal Retail (no non -medical boarding)
The MU-DA (Neighborhood Business) Use Area shall be limited to 70,000 square feet of enclosed
building area (i.e., enclosed with walls and roof), with no single building greater than 40,000
square feet in enclosed building area and no structure abutting Chinden Boulevard to exceed
20,000 square feet of enclosed building area. Applicant shall endeavor to locate the above
permitted uses in accordance with the target use areas as depicted on the Concept Plan.
3.5 The "Residential Use Area" consists of approximately 51.8 acres (inclusive of open space). The
maximum density for the Residential Use Area shall be approximately 2.47 dwelling units per acre with a
maximum of 128-dwelling units, subject to the capacity of the sewer system. Residential uses in the
Residential Use Area shall not require a conditional use permit. Multi -family developments shall be
subject to Design Review approval. All open space requirements shall be met pursuant to Eagle City Code
8-6-5-2. Sidewalks and pathways shall be constructed in appropriate locations to provide pedestrian
connectivity throughout the site. The Residential Use Area shall emphasize transitioning with multi -family
and/or patio home dwellings adjacent to non-residential development and single-family dwellings located
adjacent to existing residential uses. Minimum Lot sizes and Setbacks shall comply with the following for
each area as depicted on the Concept Plan:
3.5.1 For the Residential Use Areas designated as "Up to Eight Units per Acre", the permitted
uses include single-family dwellings, two-family dwellings and multi -family dwellings as follows:
Minimum Lot Size: 5,000 square feet
Front Setback: 15 feet to living area / 20 feet to garage
Rear Setback: 15 feet*
Side Setback: 5 feet*
Street Side Setback: 15 feet*
*All multi -family dwelling buildings shall be located a minimum of 20-feet from adjacent dwellings.
3.5.2 For the Residential Use Areas designated "Up to Three Units per Acre", the permitted
uses include single-family dwellings and two-family dwellings* as follows:
Minimum Lot Size: 10,000 square feet
Front Setback: 20 feet
Rear Setback: 20 feet
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Side Setback: 5 feet (additional 2.5 feet per story)
Street Side Setback: 20 feet
'Two-family dwellings may only be permitted in areas directly adjacent to two-family dwellings and multi-
family dwellings located within the "Up to 8 Units per Acre" area.
3.5.3 For the Residential Use Areas Designated "Up to Two Units per Acre", the permitted
uses include single-family dwellings:
Minimum Lot Size: 17,000 square feet
Front Setback: 25 feet
Rear Setback: 20 feet
Side Setback: 7.5 feet (additional 5 feet per story)
Street Side Setback: 20 feet.
3.5.4 For the Residential Areas Designated "One Unit per Acre", the permitted uses include
single-family dwellings and two-family dwellings:
Minimum Lot Size:
Front Setback:
Rear Setback:
Side Setback:
Street Side Setback:
37,000 square feet"
30 feet
30 feet
15 feet
30 feet
Lots adjacent to the boundaries of the Foxtail Subdivision, Sandy Court and Winward River
Heights Subdivision shall not be less than 43,560 square feet in size
3.6 Eagle shall not issue any development permits except permits related to the golf course and related
operations set forth in Section 1 above, for any portion of the MU-DA (Commercial) Use Area or MU-DA
(Neighborhood Business) Use Areas until Eagle approves the following pre -development obligations for
such use area:
3.6.1 Applicant shall develop and submit a conceptual site plan ("Conceptual Site Plan")
outlining future phased developments. The Conceptual Site Plan shall be generally consistent with
the Concept Plan and shall illustrate the general locations of major improvements such as
buildings, parking areas, primary drive isles, outdoor plaza areas and perimeter landscaping. Upon
review and approval in accordance with the procedures identified in Section 7.1 (which shall occur
prior to the issuance of a zoning certificate or final plat approval in such use area), the Conceptual
Site Plan shall be attached hereto as Exhibit C-2 and become a part of this Agreement.
3.6.2 Applicant shall develop and submit landscape guidelines, site design guidelines and
architectural guidelines to govern future phased developments. Such guidelines shall complement
landscaping, site design and architecture of the adjacent Eagle Island Marketplace development,
and shall be generally consistent with the design intent identified on Exhibit D. Upon review and
approval in accordance with the Design Review procedures set forth in Eagle City Code (which
shall occur prior to the issuance of a zoning certificate or final plat approval in such use area), such
guidelines shall be attached hereto as Exhibit E, Exhibit F and Exhibit G, respectively, and
become a part of this Agreement.
3.6.3 Applicant shall develop and submit conceptual plans for the design, size, location and
future phasing of outdoor plaza areas to facilitate gathering points for users of such area. The
design for the plaza areas shall include items such as seating areas, artwork, fountains,
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landscaping, drinking fountains, bike racks or similar features designed to establish a common
theme or identity to such areas, and shall be generally consistent with the Conceptual Site Plan and
the design intent identified as Exhibit D. The conceptual plan shall be reviewed and approved in
accordance with Design Review procedures set forth in the Eagle City Code prior to the issuance
of a zoning certificate or final plat approval in such use area. The final design of each plaza area
shall be reviewed concurrently with the review of the associated commercial areas, and each plaza
area shall be constructed concurrently with associated commercial areas.
3.6.4 Applicant shall develop and submit a master signage plan which includes exhibits and
guidelines necessary to achieve a visually coordinated, balanced and appealing signage
environment. The master sign plan shall include monument and wall sign styles, themes, and
locations. It is the intent for the master sign plan to govern all signage within the Use Area in
accordance with Eagle City Code § 8-2A. The master sign plan shall be reviewed and approved in
accordance with the Design Review procedures in Eagle City Code prior to the issuance of a
zoning certificate or final plat approval.
3.6.5 Applicant shall provide for and include a cross access between all commercial lots within
the development. The cross access agreement shall be reviewed and approved by Eagle's city
attorney for both form and content prior to issuance of a zoning certificate. The cross access
agreement shall be executed and recorded prior to the issuance of a zoning certificate.
3.6.6 Applicant shall construct a minimum 6-foot concrete sidewalk along Chinden Boulevard
in a meandering pattern compliant with the Americans with Disabilities Act.
3.6.7 Applicant shall develop and submit a conceptual plan for the design and phasing of (i)
pathways (sidewalks) within the interior parking lots of the MU-DA (Neighborhood Business) Use
Area and MU-DA (Commercial) Use Area to provide pedestrian interconnectivity to all portions
of such areas to reduce the need to drive from store to store and to promote enhanced pedestrian
movement; (ii) shelters, "kiosks" pergolas, etc, in appropriate locations to provide refuge and
visual relief to pedestrians traversing the parking lot, and (iii) pedestrian connectivity between
adjacent residential and commercial uses. The conceptual plan shall be generally consistent with
the Conceptual Site Plan and reviewed and approved in accordance with the Design Review
procedures in Eagle City Code prior to the issuance of a zoning certificate or final plat approval.
The final design of each feature area shall be reviewed concurrently with the review of the
associated commercial areas, and each feature area shall be constructed concurrently with
associated commercial areas.
3.7 Except as otherwise provided in this Agreement, all future development of the Property shall
comply with Eagle City Code as it exists in final form at the time this Agreement is recorded.
3.8 Prior to submittal of any final plat application for any portion of the Property, such portion of the
Property shall (i) be annexed into Eagle Sewer District's boundaries and shall comply with all applicable
Eagle Sewer District's regulations and conditions, (ii) have been issued any required approval letters from
Idaho Division of Environmental Quality, and/or Central District Health. Further, prior to issuance of a
building permit for any non-residential buildings that are not the subject of a final plat application,
Applicant shall provide proof of adequate sewer service to the proposed habitable buildings by causing a
letter of approval to be provided to Eagle from Eagle Sewer District.
3.9 Concurrently with the recordation of a final plat, or prior to the issuance of a Certificate of
Occupancy for any non-residential building, for any portion of the Property, the Applicant shall record
conditions, covenants and restrictions ("CC&Rs") against such portion of the Property that contain at least
the following provisions:
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An allocation of responsibility for maintenance, in perpetuity, of all community and privately
owned landscape and amenities;
• Establishment of an architectural control board for all buildings prior to building permit;
An allocation of responsibility for the operations and maintenance of the pressurized irrigation
system for the Property.
Such CC&Rs shall be reviewed and approved by Eagle's city attorney for both form and content to assure
compliance with the conditions required herein prior to the submittal of any final plat application for the
portion of the Property.
3.10 Prior to the issuance of any Certificate of Occupancy for any building within any Use Area (except
golf course -related buildings), Applicant will construct such normal and customary phased improvements
and satisfy such normal and customary conditions required by the Ada County Highway District and the
Idaho Transportation Department for such Use Area. The City supports the continued use of the existing
full commercial access to Chinden Boulevard, and therefore nothing herein shall be construed to require
Applicant to comply with any condition that requires the relocation, restriction or termination of the
existing full commercial access to Chinden Boulevard. These phased improvements include, but are not
limited to, dedication of right-of-way for future road widening, roadway and intersection improvements
commensurate to development traffic impacts, construction of sidewalks along Chinden Boulevard, and
construction of driveways in the locations and configurations as determined by the aforementioned entities
or as otherwise may be required herein. The obligations set forth herein are without prejudice or waiver of
any right to compensation for such dedications or improvements. Approval letters from these entities shall
be provided to the City prior to the issuance of a Certificate of Occupancy.
3.11 Due to the high visibility of the Chinden Boulevard, special attention shall be given to the design,
configuration and position of the buildings abutting the roadways. The layout of such buildings shall be
generally consistent with the building layout of the adjacent Eagle Island Marketplace project. Drive aisles
should be designed and located to complement the design and layout of drive aisles in the adjacent Eagle
Island Marketplace project. All lots and buildings shall be configured to screen any and all loading areas
and trash enclosures from view as seen from residential uses or public roadways. Building placement shall
be designed such that parking areas are not concentrated between the buildings and Chinden Blvd. The
side of any buildings facing the roadways shall be provided with architectural design elements and
architectural relief, as may be approved by the Eagle Design Review Board.
3.12 All buildings shall be set back a minimum of 105-feet from the centerline of Chinden Boulevard to
accommodate future corridor widening.
3.13 The MU-DA (Neighborhood Business) Use Area and MU-DA (Commercial) Use Area are
expected to take access from the existing commercial access to Chinden Boulevard.
3.14 Wilson Properties shall work with the neighbors immediately west of the Foxtail Parcel to locate
vehicular and pedestrian cross access approximately as shown on the Concept Plan. The opening and use
of such cross access requires a (i) mutually acceptable reciprocal easement agreement between the owners,
(ii) Wilson Properties' confirmation that such cross access will not pose access, traffic, safety or other
adverse issues for the Foxtail Parcel or the Fox Run Parcel and (Ili) a traffic study showing no adverse
impact on the Foxtail Parcel's commercial access.
3.15 Wilson Properties shall work with the neighbors to the east and west of the north half of the
Foxtail Parcel to coordinate location of not less than one road connection suitable for a future road between
Linder Road and Meridian Road. Such road connection need not be a collector road unless required by
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ACHD and warranted by the anticipated traffic volumes.
3.16 The Applicant shall continue to work with the City of Eagle, ITD, ACHD and other property
owners in the northeast quadrant of the US 20/26 and Linder Road intersection to support interconnectivity
with the goal of fostering internal circulation that will reduce local traffic use of US 20/26.
3.17 The development shall include buffers pursuant to Eagle City Code 8-3-3 D for any commercial
uses located adjacent to any property with a residential zoning designation. All service areas (loading
bays, trash compactors, etc.) shall be designed to lessen impacts (noise, glare, odors, etc) upon adjacent
residential uses. The storage of materials, packing supplies, and merchandise is prohibited within the
service -drive aisle and service areas. Tasteful displays of merchandise may be permitted outdoors if
approved through a development application.
3.18 Any building with a proposed drive-thru shall be designed in such a way as to compliment the
entirety of the Property and if located near residential uses or a public way shall provide a minimum forty-
eight inch (48") grade separated berm and/or screen wall with vegetation adjacent to the drive-thru lanes to
reduce the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and vehicle cueing).
Design styles exceeding the standard utilitarian look of a building with a drive-thru shall be required. The
City may place reasonable limits on the hours of operation of all drive-thru uses to ensure compatibility
with adjacent uses.
3.19 The Applicant shall provide bus stops as may be required by the City of Eagle. The location and
placement of the stop(s) will be done in conjunction with other property owners at the US 20/26 and
Linder Road intersection, in cooperation with ITD, ACHD, Eagle, and the city of Meridian. Foxtail will
pay its fair share of reasonable costs proportionately with other developments.
3.20 Deliveries shall be conducted from the hours of 7:00 am to 10:00 pm; all other operations of the
site shall comply with Eagle City Code Section 4-9.
3.21 All non-residential (commercial) mixed uses may be subject to reasonable dark -sky lighting, noise,
or related limitations at the design review approval stage to address additional concerns that may arise.
3.22 The Property is currently located within the Meridian Fire District and, therefore, Applicant shall
work with the Meridian Fire District for all fire service/protection issues, unless annexed into the Eagle fire
district service area.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT REGARDING THE
COMPREHENSIVE PLAN:
Based upon the information provided to date, staff recommends approval of the comprehensive plan map
and text amendment as provided within the staff report.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT REGARDING THE
ANNEXATION AND REZONE:
Based upon the information provided to date, and the analysis contained within the staff report, staff
recommends approval of the annexation and rezone with the conditions to be placed within a development
agreement as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on June 15,
2009. The Commission continued the item to July 13, 2009, at which time the applications were remanded
to staff. The applications were re -noticed and came before the Eagle Planning and Zoning Commission for
their consideration on October 26, 2009. The Commission continued the item to November 16, 2009, at
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which time public testimony was taken, the public hearing was closed. The Commission made their
recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by three
(3) individuals (other than the applicant/representative) who felt that this development is a great
opportunity for the strategic growth of the City relative to the tax base and job growth; the need to protect
this "gateway" into the City from the encroachment of the City of Meridian; others expressed their
empathy to the Commission's difficult decision; the importance of traffic safety; the need to have a funding
system to provide necessary infrastructure; the importance of sustainability, mix of uses, and higher
densities; and the advantage of master planning multiple parcels.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by
eleven (11) individuals with concerns regarding increases in traffic and safety issues on heavily traveled
Chinden and Linder Road, as well as impacts on the intersection; increase in noise pollution; the size of the
commercial project is too big for the area and does not meet the intent of the comprehensive plan agreed
upon two years ago; the density is not appropriate for this area; the need to maintain the Comprehensive
Plan as it is currently written; the need to protect the existing neighborhoods; projected population growth
does not support the ROIC report findings; projected project build -out time frames are not realistic; claims
that the developer has not satisfactorily maintained contractual berming; the lack of consistent answers
from the developers; request to leave property as -is or purchase property for a city park; the need to buffer
commercial from residential; the need to have more conservative analysis of a project relative to financial
concerns; and developers should pay for their impacts to infrastructure.
D. Oral testimony neither in favor of nor opposed to this proposal was presented to the Planning and Zoning
Commission by one (1) individual who stated that the Idaho Transportation Department is not opposed to
moving the signal located at Fox Run and Chinden west to the 1/2-mile and that directing traffic to the
signal is more than a desire but a need to safely accommodate the amount of vehicle trips (600 vph) that
may be generated if the site went to "big" retail, a right-in/right-out access to Chinden is a challenge to ITD
— the access can work properly for entering vehicles if the internal circulation is designed to not hinder
traffic yet delays and potential conflicts will be present for trips exiting.
E. Written testimony in favor of this proposal was presented to the Planning and Zoning Commission by two
(2) individuals who felt that this development is a great opportunity for the strategic growth of the City
relative to the tax base and job growth; and the need to protect this "gateway" into the City from the
encroachment of the City of Meridian; and the dependency on this property being annexed to aid in
completing the Eagle Island Market Place west of this site.
COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN:
The Commission voted 4 to 0 to recommend approval of CPA-7-08 for a change to the land use designation
on the Comprehensive Plan Land Use Map from Public/Semi-Public to Mixed Use with text in the
Comprehensive Plan for the Rim View Planning Area to be amended as provided in their Findings of Fact
and Conclusions of Law document dated November 23, 2009.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
Commissioner Aizpitarte moved and Chairman Tanner seconded to recommend approval of A-05-08 and
RZ-11-08 for an annexation and rezone from RUT (Rural Urban Transition - Ada County Designation) to
MU-DA (Mixed Use with a Development Agreement). Commissioner Aizpitarte and Chairman Tanner
voted in favor of the motion and Commissioners Smith and Roehling voted against the motion.
Commissioner Villegas recused himself from action on this application. Since the vote resulted in a tie and
since no other motion was made, the tie vote resulted in a recommendation for denial.
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In his dissenting vote, Commissioner Smith felt that the project proposed via the development agreement
contradicts the quality of life expectations expressed through the Comprehensive Plan and by the residents
of the area. The development of property within or adjacent to existing neighborhoods is a matter of equity
and exchange — the neighbors have an understanding and high expectation of the goals for the area and the
developer has a high obligation to engage the neighbors to give consideration to these expectations. While
the applicant was very poised and presented the proposal well, there was not enough commitment on
behalf of the applicant to reasonably honor the concerns of the neighbors. Commissioner Smith concluded
that because there has not been an adequate exchange, i.e. benefit, for the loss that would be experienced
by the neighbors, he could not vote in favor of the development as proposed. In his dissenting vote,
Commissioner Roehling felt that the proposed annexation and zoning of Lot 1, Block 2 of Foxtail
Subdivision, a residential parcel, with the commercial portion of the proposed development would not be
consistent with the intended use and character of the parcel relative to the surrounding parcels.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on December 15, 2009, at which
time public testimony was taken and the public hearing was continued to January 12, 2010, to allow the
applicant time to meet with the adjacent neighbors. The public hearing was continued to February 9, 2010,
and again to February 23, 2010, where additional limited testimony addressing neighbors concerns was
allowed and the hearing was closed. At this time the City Council scheduled a mediation session for this
item on March 2, 2010, and continued the applications to March 9, 2010, at which time the Council made
their decision.
On February 23, 2010, the City Council ordered mediation and, pursuant to Idaho Code § 67-6510,
directed staff and Council representatives to mediate with the applicant and the affected neighbors and
bring potential changes to the Conditions of Development (to be placed in the development agreement)
back for Council consideration at the March 9, 2010, meeting. On March 2, 2010, a mediation session was
held between the applicant and the affected neighbors regarding the development. (See Mediation
Summary attached hereto and incorporated herein by reference as Exhibit A).
B. Oral testimony in favor of this proposal was presented to the City Council by three (3) individuals (other
than the applicant/representative) who felt that this development allows the city to expand its jurisdictional
boundaries; is a great opportunity for the strategic growth of the City relative to the tax base and job
growth; the need to protect this "Gateway" and the City from the encroachment of the City of Meridian;
the importance of sustainability, mix of uses, and higher densities; the developers know where these types
of developments need to be located, Eagle has required developers to design projects "correctly"; and
Eagle will have the opportunity to control the design of the site rather than another entity.
C. Oral testimony in opposition to this proposal was presented to the City Council, over the course of the
hearings, by ten (10) individuals with concerns regarding increases in traffic and safety issues on heavily
traveled Chinden and Linder Road, as well as impacts on the intersection; the safety and viability of a full
access on Chinden is questionable; the size of the commercial project is too big for the area and does not
meet the intent of the comprehensive plan agreed upon two years ago; the need to maintain the
Comprehensive Plan as it is currently written — the comprehensive plan has been changed three times
recently; the density is not appropriate for this area; the need to protect the existing neighborhoods and
maintain the rural feel; the project does not provide proper transition from the proposed development to the
existing uses; claims that the developer has not contacted or satisfactorily maintained communication with
neighbors; the lack of consistent answers from the developers; request to leave property as -is or City
purchase property for a city park; the need to buffer commercial from residential.
D. Written testimony in favor of the proposal was presented to the City Council by three (3) individuals who
are anxious to see the property annexed to allow further development of adjacent properties, the applicant
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has had successful business transactions in the past, and that if the proposal was not approved by Eagle
then the applicant could potentially move the project to one of the other three corners of the intersection of
Chinden and Linder.
E. Written testimony in opposition to this proposal was presented to the City Council by one (1) individual
who felt that certain proposed development conditions, relative to portions of the applicant's latest version
of the development agreement, are onerous and present unacceptable challenges to various agencies
outside the control of the City.
COUNCIL DECISION REGARDING THE COMPREHENSIVE PLAN:
The Council voted 3 to 1 (Grasser against) to approve CPA-7-08 for a change to the land use designation on
the Comprehensive Plan Land Use Map from Public/Semi-Public to Mixed Use with text in the
Comprehensive Plan for the Rim View Planning Area to be amended as follows, with underlined text to be
added by the Council and strikethrough text to be deleted by the Council:
Zn
6.8.7 Rim View Planning Area
A. Uses
The land use and development policies specific to the Rim View Planning Area include the following:
2. Areas designated as Transitional Residential should have a an average residential density of up to
t 2-units per acre. Units fffay should be clustered to provide for transitional lot sizes to ensure
compatibility of new residential uses to existing residential uses and the commercial and office
uses located at Linder Road and Chinden.
B. Access
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 Are a.
Primary access should be on Linder Road with limited access onto Chinden Boulevard only in
accordance with ITD'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.
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 to access commercial and mixed use/services and create cross -
access into adjoining properties.
Chinden Boulevard should be recognized as a gateway corridor to the City of Eagle and
development should adhere to proper berming, landscaping, and appropriate setbacks set by ITD
and the City of Eagle 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
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.
Design of this area should be compatible to the existing residential and Feffeational uses currently
present in the area and future mixed uses.
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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 effective pedestrian linkages to the mixed use and residential areas
adjacent to the site.
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.
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.
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.
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. New mixed uses should be designed in
a manner that provides a cohesive transition and connectivity between the commercial and
residential uses, incorporating elements that will provide a common and complimentary identity
between theme 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.
As this area develops, consideration should be made of the transitory non -farm uses that have been
approved by Ada County which may be nearing the expiration on the open space restrictions.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE:
The Council voted 3 to 1 (Grasser against) to approve A-05-08 and RZ-11-08 for an annexation and rezone
from RUT (Rural Urban Transition - Ada County Designation) to MU-DA (Mixed Use with a
Development Agreement) with the following applicant proposed conditions of development to be placed
within a development agreement with underlined text to be added by the Council and strikethrough text to
be deleted by the Council:
2.1 r'ondi efts Weeedent to Anne*atieft. Applicant hereby consents to the annexation of the
entire Property by Eagle
subiect to the followinLy:
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2.131 Concurrently with adoption of any annexation ordinance affecting the Property,
Eagle shall adopt an ordinance amending the Eagle Zoning Ordinance to zone the Property
to MU-DA (Mixed Use with Development Agreement) and specifically designates this
Agreement as the development agreement governing the Property; and
2.1.42 The Property is contiguous with Eagle's jurisdictional boundary.
Appheant shall pfamptly notify Eagle i.. Nhen the Conditions pfeeedent set fefth ifl..
Section n and n have boor satisfied of: waived. 7 TpO FeOe pt Of SHeh notes, Eagle shall
take all steps necessary to timely annex the Property into Eagle's corporate limits as set
forth in this Agreement, including, but not limited to, the concurrent publication of an
annexation ordinance and zoning ordinance as provided in Section 2.1.-31.
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Applicant consents to annexation and rezone of the property upon
contiguity of the Property with Eagle's jurisdictional boundary within twelve (12) months
of the Effective Date. Applicant's consent to annexation and rezone of the Property shall
continue until annexation and rezoning occurs and the Applicant shall not consent to
annexation to the City of Meridian while this agreement is in effect. In the event the City
does not complete the annexation and rezone within the tippef--ame twelve 02) months of
the Effective Date, this Agreement shall terminate and shall be null and void unless such
period of time is extended by Applicant at Applicant's sole and absolute discretion by
providing Eagle notice of such twelve (12) month extension period. Such extension of
time shall be for a minimum of twelve (12) months. Eagle shall take all steps necessary to
timely annex and rezone the Property into the corporate limits of Eagle, including the
publication of an annexation zoning_ordinance(s).
3.1 Golf course operations may continue on the Property, or such portions of the Property, until
Applicant elects to abandon such operations. Nothing in this Agreement shall be construed or interpreted
to limit the use of the Property for a golf course, including present and future appurtenant operations (e.g.,
driving range, retail and restaurant sales in its clubhouse, golf lessons, social events, etc.). Further, nothing
shall be construed or interpreted as limiting or preventing the Applicant from securing, and using
entitlement permits for additional golf course related structures, improvements or operations.
3.2 Nothing in this Agreement shall require Applicant to fulfill its pre -development obligations with
respect to any Use Area until such time as Applicant elects to abandon golf course operations in such Use
Area (as defined in Section 3.6 below); provided, however, Applicant shall not be entitled to pursue
development of any Use Area pursuant to this Agreement until its pre -development obligations with
respect to such Use Area have been completed.
3.3 Eagle hereby acknowledges that the bubble plan shown on the Concept Plan represents
Applicant's concept for the Property. All future development of the Property shall be generally consistent
with the Concept Plan; provided, however, it is the intent of this Agreement to allow flexibility in the
development of a detailed conceptual site plan ("Development Site Plan") and preliminary plat for the
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Property so long as the general intent of the Concept Plan and the conditions and limitations set forth in
this Agreement are met. Applicant shall submit a Development Site Plan outlining future phased
developments as a modification to this Agreement prior to or concurrent with a preliminary plat
application. The Development Site Plan shall provide more detail, including but not limited to, location of
roads within the development, lot layout, lot dimensional standards, setbacks for the commercial and
residential areas, location of commercial buildings, parking areas, primary drive isles, outdoor plaza areas,
location and size of common areas and buffer areas. Eagle shall hold necessary public hearings pursuant to
Eagle City Code notice requirements to address the Development Site Plan and any changes thereafter
proposed to said plan. Upon approval by Eagle, the Development Site Plan shall be attached hereto as
Exhibit C-2 and become a part of this Agreement.
3.4 The uses areas indicated on the Concept Plan (referred to herein as "Use Areas") shall be subject
to the following use, size and/or density limitations:
3.4.1 For the "MU-DA (Commercial) Use Area" consisting of 23.4-acres as indicated on the
Concept Plan, the permitted uses shall be all those that are permitted or conditional uses identified
under the Mixed Use District in Eagle City Code 8-2-3 except for the following uses which are
prohibited:
• Cemetery
• Circuses and Carnivals
• Drive in Theater
• Kennel
• Mortuary
Restaurants with drive thru, which use is prohibited in Eagle City Code 8-2-3, shall be permitted
on not more than ten percent (10%) of the MU-DA (Commercial) Use Area (i.e., not to exceed
2.34-acres).
If the permitted and conditional uses in the MU zoning designation are expanded, such expanded
uses shall be allowed as permitted or conditional uses as the case may be. Applicant
acknowledges that certain uses may be restricted by available sewer capacity. The MU-DA
(Commercial) Use Area shall be limited to 210,000 square feet of enclosed building area (i.e.,
enclosed with walls and roof), with no single enclosed building area greater than 120,000 square
feet in size and no structure abutting Chinden Boulevard to exceed 20,000 square feet of enclosed
building area. Applicant shall endeavor to locate the following "target uses" in accordance with
the target use areas as depicted on the Concept Plan:
• Computer Store
• Book Store
• Restaurants (including drive thru)
• Banks/financial institutions (including drive thru)
• Specialty food stores (not greater than 25,000 sq. ft. of floor area)
• Specialty retailers
• Fitness centers
• Sporting goods stores
• Entertainment centers (i.e., movies, games, miniature golf, etc.)
• Home improvement stores
• Furniture stores
• Retail pharmacies
• Garden centers as secondary use to primary retailer
• Theater
• Feed/seed retail
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3.4.2 Applicant proposed that the 5.2 acre parcel designated Neighborhood Business Use Area
(indicated as "Neighborhood Business" on the Concept Plan attached hereto as Exhibit C-1) be
permitted up to 55,000 square feet of enclosed building, area with a broad range of commercial
uses allowed as part of its overall transition planning, in addition to the commercial uses allowed
under Section 3.4.1 hereinabove. Eagle was not comfortable that such additional commercial uses
were appropriate for this area at this time. Therefore, Eagle determined that the 5.2 acre parcel
should be currently designated as a "Residential Use Area", consistent with the provisions of
Section 3.5, with the density and dwelling types as allowed under Section 3.5.1; provided that
Developer be provided the right for a possible future modification of this Development Agreement
through the ordinary Eagle process for Development Agreement Modification so that the
Applicant has another opportunity to demonstrate the appropriateness of Neighborhood Business
Use for this parcel. Eagle recognizes that some non-residential uses may well be appropriate for
this 5.2 acre parcel (such as, but not limited to, business and professional offices). Upon the
submission of an application for modification of this Development Agreement, Eagle shall
evaluate the appropriateness of allowing limited commercial uses on the 5.2 acre parcel.
Applicant shall provide the following information with such application: a specific site plan
providing details for the proposed development of the parcel, including location of roads, lot
layout and dimensional standards, setbacks, building locations, parking buffer areas and market
conditions. Notwithstanding the designation of the 5.2 acre parcel as Neighborhood Business on
the Concept Plan (C-1), the use of that parcel shall be ,governed by this section, and shall be
Residential Use until and unless this section is modified to allow different uses.
3.5 The "Residential Use Area" consists of approximately 5-5-.2 60.4 acres (inclusive of open space).
The maximum density for the Residential Use Area shall be approximately 2.47 dwelling units per acre
with a maximum of 128-dwelling units, subject to the capacity of the sewer system. Residential uses in the
Residential Use Area shall not require a conditional use permit. Multi -family developments shall be
subject to Design Review approval. Sidewalks and pathways shall be constructed in appropriate locations
to provide pedestrian connectivity throughout the site, which shall be reviewed by Eagle upon the
submittal of a preliminary plat application. The Residential Use Area shall emphasize transitioning with
multi -family and/or patio home dwellings (higher density) adjacent to non-residential development and
single-family dwellings (lower density) located adjacent to existing residential uses. The minimum
required open space shall be comprised of no less than 20% of the total gross land area of the residential
areas provided that those residential areas containing lots greater than 37,000 square feet in size shall be
excluded from the minimum open space calculations. Residential lots are encouraged to be clustered to
provide greater open space areas. Minimum lot sizes and setbacks shall comply with the following for
each area as depicted on the Concept Plan. Lot sizes shall be shown on the Development Site Plan. Any
proposed reduction in setbacks for lots proposed to be smaller than 5,000 square feet in size will require a
modification to this Agreement. Proposed setback reductions, if any, should be submitted concurrently
with submission of the Development Site Plan, and Eagle shall hold any necessary public hearings
pursuant to Eagle City Code notice requirements.
3.5.1 For the Residential Use Areas designated as "Up to Eight Units per Acre", the permitted
uses include single-family dwellings, two-family dwellings and multi -family dwellings as follows:
Minimum Lot Size: 5,000 square feet
Front Setback: 15 feet to living area / 20 feet to garage
Rear Setback: 15 feet*
Side Setback: 5 feet*
Street Side Setback: 15 feet*
y All multi -family dwelling buildings shall be located a minimum of 20-feet from adjacent dwellings.
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3.5.2 For the Residential Use Areas designated "Up to Three Units per Acre", the permitted
uses include single-family dwellings and two-family dwellings* as follows:
Minimum Lot Size: 10,000 square feet
Front Setback: 20 feet
Rear Setback: 20 feet
Side Setback: 5 feet (additional 2.5 feet per story)
Street Side Setback: 20 feet
Two-family dwellings may only be permitted in areas directly adjacent to two family dwellings and
multi -family dwellings located within the "Up to 8 Units per Acre" area.
3.5.3 For the Residential Use Areas designated "Up to Two Units per Acre", the permitted
uses include single-family dwellings:
Minimum Lot Size: 17,000 square feet
Front Setback: 25 feet
Rear Setback: 20 feet
Side Setback: 7.5 feet (additional 5 feet per story)
Street Side Setback: 20 feet
3.5.4 For the Residential Use Areas designated "One Unit per Acre", the permitted uses
include single-family dwellings and two-family dwellings:
Minimum Lot Size:
Front Setback:
Rear Setback:
Side Setback:
Street Side Setback:
37,000 square feet*
30 feet
30 feet
15 feet
30 feet
Lots adjacent to the boundaries of the Sandy Court and Winward River Heights
Subdivision shall not be less than 43,560 square feet in size. The minimum lot
size of lots adjacent to the west boundary of Foxtail Subdivision shall be 17,000
square feet, as Applicant is required to construct a 10-feet high berm along such
boundary.
3.6 Eagle shall not issue any development permits except permits related to the golf course and related
operations set forth in Section 3.1 above, for any portion of the MU-DA (Commercial) Use Area of N4U
DA (Neighbor -hood Business) Use
^ until Eagle approves the following pre -development obligations
for such use area:
3.6.1 Applicant shall develop and submit landscape guidelines, site design guidelines and
architectural guidelines to govern future phased developments. Such guidelines shall complement
landscaping, site design and architecture of the adjacent Eagle Island Marketplace development,
and shall be generally consistent with the design intent identified on Exhibit D. Upon review and
approval in accordance with the Design Review procedures set forth in Eagle City Code (which
shall occur prior to the issuance of a zoning certificate or final plat approval in such use area), such
guidelines shall be attached hereto as Exhibit E, Exhibit F and Exhibit G, respectively, and
become a part of this Agreement.
3.6.2 Applicant shall develop and submit conceptual plans for the design, size, location and
future phasing of outdoor plaza areas to facilitate gathering points for users of such area. The
design for the plaza areas shall include items such as seating areas, artwork, fountains,
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landscaping, drinking fountains, bike racks or similar features designed to establish a common
theme or identity to such areas, and shall be generally consistent with the Development Site Plan
and the design intent identified as Exhibit D. The conceptual plan shall be reviewed and approved
in accordance with Design Review procedures set forth in the Eagle City Code prior to the
issuance of a zoning certificate or final plat approval in such use area. The final design of each
plaza area shall be reviewed concurrently with the review of the associated commercial areas, and
each plaza area shall be constructed concurrently with associated commercial areas.
3.6.3 Applicant shall develop and submit a master signage plan which includes exhibits and
guidelines necessary to achieve a visually coordinated, balanced and appealing signage
environment. The master sign plan shall include monument and wall sign styles, themes, and
locations. It is the intent for the master sign plan to govern all signage within the Use Area in
accordance with Eagle City Code § 8-2A. The master sign plan shall be reviewed and approved in
accordance with the Design Review procedures in Eagle City Code prior to the issuance of a
zoning certificate or final plat approval.
3.6.4 Applicant shall provide for and include a cross access between all commercial lots within
the development. The cross access agreement shall be reviewed and approved by Eagle's city
attorney for both form and content prior to issuance of a zoning certificate. The cross access
agreement shall be executed and recorded prior to the issuance of a zoning certificate.
3.6.5 Applicant shall construct a minimum 6-foot concrete sidewalk along Chinden Boulevard
in a meandering pattern compliant with the Americans with Disabilities Act.
3.6.6 Applicant shall develop and submit a conceptual plan for the design and phasing of (i)
pathways (sidewalks) within the interior parking lots of the MU PA (Neighbor -hood Business) Use
Area and MU-DA (Commercial) Use Area to provide pedestrian interconnectivity to all portions
of such areas to reduce the need to drive from store to store and to promote enhanced pedestrian
movement; (ii) shelters, "kiosks" pergolas, etc, in appropriate locations to provide refuge and
visual relief to pedestrians traversing the parking lot, and (iii) pedestrian connectivity between
adjacent residential and commercial uses. The conceptual plan shall be generally consistent with
the Development Site Plan and reviewed and approved in accordance with the Design Review
procedures in Eagle City Code prior to the issuance of a zoning certificate or final plat approval.
The final design of each feature area shall be reviewed concurrently with the review of the
associated commercial areas, and each feature area shall be constructed concurrently with
associated commercial areas.
3.7 Except as otherwise provided in this Agreement, all future development of the Property shall
comply with Eagle City Code as it exists in final form at the time this Agreement is recorded. City and
Applicant recognize that having adequate sewer capacity for approved developments is critical to
sustaining orderly and appropriate growth. Accordingly, Eagle shall, pursuant to the goals and objectives
set forth in Section 4.7 of the Eagle Comprehensive Plan, continue to monitor the capacity, planned
expansions and planned improvements of Eagle Sewer District in relation to the land use entitlements
approved by City.
3.8 Prior to submittal of any final plat application for any portion of the Property, such portion of the
Property shall (i) be annexed into Eagle Sewer District's boundaries and shall comply with all applicable
Eagle Sewer District's regulations and conditions, (11) have been issued any required approval letters from
Idaho Division of Environmental Quality, and/or Central District Health. Further, prior to issuance of a
building permit for any non-residential buildings that are not the subject of a final plat application,
Applicant shall provide proof of adequate sewer service to the proposed habitable buildings by causing a
letter of approval to be provided to Eagle from Eagle Sewer District.
3.9 Concurrently with the recordation of a final plat, or prior to the issuance of a Certificate of
Occupancy for any non-residential building, for any portion of the Property, the Applicant shall record
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conditions, covenants and restrictions ("CC&Rs") against such portion of the Property that contain at least
the following provisions:
• An allocation of responsibility for maintenance, in perpetuity, of all community and privately
owned landscape and amenities;
• Establishment of an architectural control board for all buildings consistent with approvals and
Eagle City Code prior to building permit;
• An allocation of responsibility for the operations and maintenance of the pressurized irrigation
system for the Property.
3.10 Prior to the issuance of any Certificate of Occupancy for any building within any Use Area (except
golf course -related buildings), Applicant will construct such normal and customary phased improvements
and satisfy such normal and customary conditions required by the Ada County Highway District
("ACHD") and the Idaho Transportation Department ("ITD") for such Use Area. In the design of these
improvements, consideration shall be given to US 20/26 corridor studies that have been completed and
applicable Access Management Plans that have been adopted. Eagle supports the continued use of the
existing full commercial access to Chinden Boulevard. These phased improvements include, but are not
limited to, dedication of right-of-way for future road widening, roadway and intersection improvements
commensurate to development traffic impacts, construction of sidewalks along Chinden Boulevard, and
construction of driveways in the locations and configurations as determined by the aforementioned entities
or as otherwise may be required herein. The obligations set forth herein are without prejudice or waiver of
any right to compensation from ACHD or ITD for such dedications or improvements required by ACHD
or ITD. Approval letters from these entities approving the design of the required improvements shall be
provided to Eagle prior to the issuance of a Building Permit.
3.11 Due to the high visibility of the Chinden Boulevard, special attention shall be given to the design,
configuration and position of the buildings abutting the roadways consistent with Eagle City Code. The
layout of such buildings shall be generally consistent with the building layout of the adjacent Eagle Island
Marketplace project. Drive aisles should be designed and located to complement the design and layout of
drive aisles in the adjacent Eagle Island Marketplace project. All lots and buildings shall be configured to
screen any and all loading areas and trash enclosures from view as seen from residential uses or public
roadways. Building placement shall be designed such that parking areas are not concentrated between the
buildings and Chinden Blvd. The side of any buildings facing the roadways shall be provided with
architectural design elements and architectural relief, as may be approved by the Eagle Design Review
Board.
3.12 All buildings shall be set back a minimum of 105-feet from the centerline of Chinden Boulevard to
accommodate future corridor widening.
3.13 Internal roadways connecting between any residential and non-residential areas shall be designed
with traffic calming devices to reduce cut -through traffic, to create lower vehicle speeds, to act as a
delineator between dissimilar uses, and to ensure the safety of the pedestrian. Plans showing traffic
calming devices shall be submitted to Eagle and ACHD and/or ITD (pursuant to jurisdictional authority)
for review and approval in conjunction with any proposed development plans or preliminary plat,
whichever may be the case.
3.14 Wilson Properties shall work with the neighbors immediately west of the Foxtail Parcel to locate
vehicular and pedestrian cross access approximately as shown on the Concept Plan. The opening and use
of such cross access requires a (1) mutually acceptable reciprocal easement agreement between the owners,
(ii) Wilson Properties' confirmation that such cross access will not pose access, traffic, safety or other
adverse issues for the Foxtail Parcel or the Fox Run Parcel and (iii) a traffic study showing no adverse
impact on the Foxtail Parcel's commercial access.
3.15 Wilson Properties shall work with the neighbors to the east and west of the north half of the
Foxtail Parcel to coordinate location of not less than one road connection suitable for a future road between
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Linder Road and Meridian Road. Such road connection shall be constructed to the roadway classification
and specification required by ACHD's Policy Manual for the anticipated traffic volumes. If a collector
road is required, front on housing shall be prohibited, with appropriate buffers incorporated along both
sides of the roadway.
3.16 Applicant shall continue to work with Eagle, ITD, ACHD and other property owners in the
northeast quadrant of the US 20/26 and Linder Road intersection to support interconnectivity with the goal
of fostering internal circulation that will reduce local traffic use of US 20/26.
3.17 Applicant shall construct a ten (10) foot high landscaped berm adjacent to the western boundary of
Foxtail Subdivision. Applicant shall be required to landscape the ten (10) foot high berm pursuant to
Eagle City Code Section 8-2A-7(J)(4)(c). The proposed landscape plan shall be reviewed and approved by
the Design Review Board prior to the approval of a final plat application for any development immediately
adjacent to Foxtail Subdivision.
3.18 Any building with a proposed drive-thru shall be designed in such a way as to compliment the
entirety of the Property and if located near residential uses or a public way shall provide a minimum forty-
eight inch (48") grade separated berm and/or screen wall with vegetation adjacent to the drive-thru lanes to
reduce the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and vehicle cueing).
Eagle may place reasonable limits on the hours of operation of all drive-thru uses to ensure compatibility
with adjacent uses.
3.19 Applicant shall provide bus stops or other public transportation mode improvements as may be
required by Eagle or the State RTA. The location and placement of the improvements will be completed in
conjunction with other property owners at the US 20/26 and Linder Road intersection, in cooperation with
ITD, ACHD, Eagle, and the City of Meridian. Applicant will pay its fair share of reasonable costs
proportionately with other developments.
3.20 Deliveries shall be conducted from the hours of 7:00 am to 10:00 pm, all other operations of the
site shall comply with Eagle City Code "Loud Amplification Devices; Noise Ordinance" Section 4-9, or as
thereafter amended.
3.21 All non-residential (commercial) mixed uses shall be subject to dark -sky lighting, or related
limitations in compliance with Eagle City Code, as it exists at the time such applications are made, to
address additional concerns that may arise.
3.22 The Property is currently located within the Meridian Fire District and, therefore, Applicant shall
work with the Meridian Fire District for all fire service/protection issues, unless annexed into the Eagle fire
district service area.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, October 21, 2008, at Foxtail Golf Course (maintenance barn),
6479 N. Fox Run Avenue, Meridian, ID 83646, in compliance with the application submittal requirement of
Eagle City Code. The application for this item was received by the City of Eagle on November 14, 2008;
supplemental information was submitted since that time. The applicant continued to meet with neighbors
during the process to discuss development concerns.
2. Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was published in
the Valley Times in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on May 25, 2009. 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 29, 2009. Requests for agencies' reviews were transmitted on April 30, 2009, in
accordance with the requirements of the Eagle City Code.
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On July 13, 2009, the Planning and Zoning Commission remanded the applications to staff. Re -notice of
Pubic Hearing on the applications 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 in the Idaho
Statesman on October 3, 2009, and in the Valley Times on October 5, 2009. 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 the Eagle City Code on October 6, 2009. Re -notice of
Pubic Hearing on the applications for the Eagle Planning and Zoning Commission was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code in the Valley
Times on October 26, 2009. 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 October 27, 2009. The site was posted in accordance with the Eagle City Code on
November 3, 2009.
Notice of Public Hearing on the application for the City Council was published in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 30, 2009. 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 November
25, 2009. The site was posted in accordance with the Eagle City Code on December 2, 2009.
3. The Council reviewed the particular facts and circumstances of this proposed comprehensive plan amendment
(CPA-07-08) and based upon the information provided concludes that the proposed comprehensive plan
amendment is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
Understanding that the Comprehensive Plan recognizes that both commercial and residential growth will occur
in the Rim View Planning Area, the proposed commercial uses are more intensive than previously anticipated
at this intersection. However, utilizing the subject property as a mixed use development may provide adequate
and appropriate transitions necessary to mitigate impacts to the existing larger lot developments to the north
and east of this site.
Further, the sizing of commercial uses to mix with transitional residential uses is beneficial to the site by
limiting the need for re.mdents to directly access Chinden Boulevard (Hwv 20/26), resulting in better internal
trip capture by situating residential uses within walking distance of commercial services. It is also beneficial to
require cross access and local roadway connections to the north and east to allow local trips to circulate north
of US 20/26, without having to enter onto the regional roadway network.
4. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone (A-05-08
& RZ-11-08) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and
based upon the information provided concluded that the proposed rezone is in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU-DA (Mixed Use with a development agreement) is
consistent with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map since
the proposed zone will allow for a transitioning of both commercial and residential uses to mitigate
impacts upon existing residential uses from the existing commercial uses and the transportation
corridor (State Highway 20/26). The residential lot sizes will transition from 5,000 square -feet to one
(1) acre (with smaller lots adjacent to the commercial areas and larger adjacent to existing residential)
in size, which provides for a well -planned community that encourages diversity in housing
opportunities and fosters economic vitality.
b. The information provided from the agencies having jurisdiction over the public facilities needed for
this site indicate that adequate public facilities exist, or are expected to be provided, to serve the uses
allowed on this property under the proposed zone and conditions of the development agreement;
C. The proposed MU-DA (Mixed Use with a development agreement) is compatible with the RUT
(Rural -Urban Transition — Ada County designation) zone and land use (Winward Heights
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Subdivision) to the north since the applicant will be required to transition the intensity of uses and
residential density as well as develop parcels (Lots) that are to be a minimum of one (1) acre in size
adjacent to that area, and;
d. The proposed MU-DA (Mixed Use with a development agreement) is compatible with the RUT
(Rural -Urban Transition — Ada County designation), R 1 (Residential — Ada County designation),
zones and land uses to the east since the applicant will be required to transition the intensity of uses
and residential density as well as construct a ten foot (10') high landscaped buffering berm and
develop parcels (Lots) that are to be a minimum of 17,000 square feet in size adjacent to Foxtail
Subdivision, and;
e. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with the RUT
(Rural -Urban Transition — Ada County designation) and R1 (Residential — Ada County designation)
zones and land use to the west since that area is approved to be developed with commercial uses in a
manner similar to those proposed within this development, and existing residential uses will be
compatible with the residential uses proposed with this development, and;
f. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with Chinden
Boulevard (US 20/26) and the R-1 (Up to one unit per acre one acre) zone and land uses to the south
since a development that is contains a mix of commercial and residential uses tends to capture a
portion of both internal trips and the passing vehicle trips, thereby alleviating some of the congestion
on the adjacent roadway system. In addition, the roadway improvements required with the
development of this property will also contribute to the better traffic -functions of the adjacent
roadways. The properties south of Chinden Boulevard, and located within the City of Meridian's Area
of Impact, are anticipated to be developed with uses in a manner similar to those approved with this
application and development agreement; andThe land proposed for rezone is not located within a
"Hazard Area" and "Special Area" as described within the Comprehensive Plan; and
g. No non -conforming uses are expected to be created with this rezone if the conditions of the
development agreement are fully executed.
5. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone with
development agreement (in lieu of a PUD) (A-05-08/RZ-11-08) and based upon the information provided
concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The proposed development is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community because;
The intent of the proposed development is to provide a mixed use development with a variety of
commercial uses and residential housing varieties which is a goal of the City of Eagle PUD ordinance.
The location of the residential units in relation to the commercial area will provide goods and services
easily accessible to residents, reduction in vehicle trips and a buffer between the proposed commercial
area and the existing residential subdivisions in the area.
b. The development be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and how such use will not
change the essential character of the same area because;
The development will be harmonious and appropriate in appearance with the proposed development to
be constructed on the adjacent property to the west (Eagle Island Market Place) and will be
appropriately buffered from Foxtail Subdivision to the east. The applicant is also required to provide a
transition utilizing lots a minimum of one (1) acre in size adjacent to Windward River Heights and
Bodily and Bunderson Springs Subdivisions to the north.
c. The development will not be hazardous or disturbing to existing or future neighborhood uses because;
The development will take access from road to be provided from Linder Road (minor arterial) and
Meridian Road (urban collector), and is bordered on the south by State Highway 20/26 (principal
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arterial). The applicant is also required to provide appropriate buffering adjacent to Foxtail
Subdivision to the east.
d. The development does not involve uses, activities, processes, materials, equipment, and/or conditions
of operation that will be detrimental to any persons, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors.
This area is designated Mixed Use in the Comprehensive Plan therefore, the City encourages this style
of development for the area.
e. The development will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer, and schools because;
All central services are either available to the site or will be as conditioned herein, as noted within the
letters provided by the agencies having jurisdiction over the site. Development of sewer, water,
drainage, streets, and other urban services will be provided at the developer's expense.
f. The development will not create excessive additional requirements at public cost for public facilities
and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water, state transportation department or highway
district. Because the developer provides the services in the initial stages of development the public
service providers avoid potential liability and expenses.
g. The development is provided with parks, ponds, open areas, areas of special interest, floodplain
preservation, and/or other special features which would not typically be provided in a non-PUD
proposal because;
The applicant will be required to provide a minimum of twenty percent (20%) open space (as
conditioned herein) and additional lot transitioning and buffering adjacent to the existing subdivisions
in the area. The proposed development will also provide an opportunity for residents to live, work, and
play in the neighborhood.
h. The vehicular approaches to the property are designed to not create an interference with traffic on
surrounding public thoroughfares because;
Access to the development will be from State Highway 20/26 (principal arterial) and from adjacent
properties as they are developed in the future. The development will include stub streets to the adjacent
parcels of this development which will provide intra-neighborhood connectivity upon further
development of said property. The design and construction of the roadways and entrances is guided by
the Ada County Highway District.
1. The development will not result in the destruction, loss, or damage of a natural, scenic or historic
feature of major importance because;
There are no known natural, scenic, or historic features of major importance located on the site.
j. The proposed development will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan because;
The proposed development fits well with the Comprehensive Plan since the plan calls for Mixed Use
and will provide a variety of uses to accommodate residents and the general public.
k. The proposed development will be harmonious with and in accordance with the general objectives or
with any specific objective of Eagle City Code Title 8 because;
This application requests approval for a development agreement in lieu of a PUD as outlined in Eagle
City Code and satisfies those requirements as well as will be required to meet the conditions herein. In
addition, the applicant will be required to provide a detailed development plan prior to submitting an
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application for a preliminary plat and the applicant will be required to submit an application for design
review and comply with all Eagle City Codes and conditions of approval of the design review.
1. The benefits, combination of various land uses, and interrelationship with the surrounding area for this
proposed development justifies any proposed deviation from any standard district regulations because;
The development provides for a mix of commercial and residential uses in proximity to a principal
arterial and the applicant is required to provide vehicular and pedestrian connectivity to the adjacent
parcels and/or developments.
in. All central services are either available to the site or will be as conditioned herein, as noted within the
letters provided by the agencies having jurisdiction over the site. Development of sewer, water,
drainage, streets, and other urban services will be provided at the developer's expense.
n. The development will not create excessive additional requirements at public cost for public facilities
and services because the facilities and services will be constructed at the expense of the developer as
conditioned herein;
o. All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water, or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid potential
liability and expenses.
DATED this 1 Ith day of May 2010.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Michael Huffaker, Council President/Acting Mayor
ATTEST:
Sharon K. Bergmann, Eagle City Clerk
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Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, ID 83616
DEVELOPMENT AGREEMENT
For Recording Purposes Do
Not Write Above This Line
This Development Agreement (this "Agreement") is made as of this day of , 2010
("Effective Date") by and between the City of Eagle, a municipal corporation in the State of Idaho
("Eagle"), Wilson Properties L.P., an Idaho limited partnership ("Wilson Properties") and Wilson
Holdings LLC, an Idaho limited liability company ("Wilson Holdings"). Wilson Properties and Wilson
Holdings are sometimes collectively referred to herein as the "Applicant".
WHEREAS, Wilson Properties owns that certain 78.79-acre parcel of real property in
unincorporated Ada County located at 990 W. Chinden Boulevard, Eagle, Idaho and legally described on
Exhibit A attached hereto (the "Foxtail Parcel").
WHEREAS, Wilson Holdings owns that certain 5.007-acre parcel of real property in
unincorporated Ada County located at 6479 N. Fox Run Avenue, Eagle, Idaho and legally described on
Exhibit B attached hereto (the "Fox Run Parcel"). The Foxtail Parcel and the Fox Run Parcel are
sometimes collectively referred to herein as the "Property").
WHEREAS, the Foxtail Parcel is designated on the Future Land Use Map of Eagle's
Comprehensive Plan as "Public/Semi-Public" and the Fox Run Parcel is designated on the Future Land
Use Map of Eagle's Comprehensive Plan as "Transitional Residential".
WHEREAS, the Foxtail Parcel and the Fox Run Parcel are currently being used for a golf course
and related operations.
WHEREAS, Wilson Properties and Wilson Holdings have developed a Concept Plan (with access
alternatives) for the future development of the Foxtail Parcel and the Fox Run Parcel in an integrated and
community -minded manner, a copy of which is attached hereto as Exhibit C-1 (the "Concept Plan").
WHEREAS, Applicant and Eagle desire to have the Property annexed into the corporate limits of
Eagle and developed as in integral part of Eagle as set forth in the Concept Plan and as set forth in the
Eagle City Council Findings of Fact and Conclusions of Law dated March 23, 2010, a copy of which is
attached hereto as Exhibit J;
WHEREAS, in furtherance of the above, Wilson Properties and Wilson Holdings have applied
for (i) Comprehensive Plan map and text amendments to change the Comprehensive Plan map
designations for the Property from Public/Semi-Public and Transitional Residential to Mixed Use, and for
certain amendments to the text of the Rim View Planning Area (Eagle File No. CPA-07-08), (ii)
annexation of the Property into Eagle once it becomes adjacent to Eagle (Eagle File No. A-05-08) and
initial zoning of the Property as MU-DA (Mixed Use with Development Agreement) subject to a
development agreement (Eagle File No. RZ-11-08) (collectively, the "Applications").
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WHEREAS, Wilson Properties and Wilson Holdings are proposing this Agreement (i) to provide
for the annexation and zoning of the Foxtail Parcel and Fox Run Parcel upon satisfaction of the conditions
r„ onollo„1 .t 1 t-'\ 4-- � 11 f �11 , 1J + ,;1 D , .1 A +1, 1✓ . -D T7 1 nt 1%J U%,
ill lit. �.u4111 3t-A 1V11,11 11Grelli �11) lV ensure tilat ill 1'Vx all 1 arcel anL1 Me 1'Vx JLNun raluc1 lllay continue LV Vl�
used as a golf course until such time as the owners thereof elect to develop them, and (ii) to ensure that
any future development on the Foxtail Parcel and the Fox Run Parcel is consistent with the Concept Plan.
WHEREAS, Eagle's City Council has, after public hearings and deliberations, determined that
the Applications, Concept Plan and this Agreement are in the best interest of Eagle as they allow the
Foxtail Parcel and the Fox Run Parcel to be developed in the future in a manner that is in harmony with
the existing community;
VVTHEREAS, Applil alit proposed tO use no Vlore tilan tell percent (lw%O) Of the %vliuiler%iai
portion of the Property for restaurants with a drive-thru;
WHEREAS, Eagle City Code permits up to ten percent (10%) of the gross land area in a planned
unit development to be used for uses that are not otherwise allowed in the planned unit development's
zoning district if the necessary findings are made by the Eagle City Council; and
WHEREAS, the Eagle City Council has made the necessary findings for not more than ten
percent (10%) of the commercial portion of the Property to be used for restaurants with a drive-thru,
which use shall be memorialized in this Agreement in -lieu -of creating a separate planned unit
development; and
NOW, THEREFORE, Wilson Properties, Wilson Holdings and Eagle desire to enter into this
Agreement, and for and in consideration of the mutual covenants contained herein, it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
Tills Agreeliient is made pursuant to and in accordance with the plOvisiOns of Idaho COUe 67-
6511A and Eagle City Code, Title 8, Chapter 10. An affidavit of all owners of the Property agreeing to
submit the Property to this Agreement and to the provisions set forth in Idaho Code Section 67-6511A
and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE II
ANNEXATION/ZONING
2.1. Applicant hereby consents to the annexation of the entire Property by Eagle, subject to
the following:
2.1.1. Concurrently with adoption of any annexation ordinance affecting the Property,
Eagle adopts an ordinance amending the Eagle Zoning Ordinance to zone the Property to MU-DA (Mixed
Use with Development Agreement) and specifically designates this Agreement as the development
agreement governing the Property; and
2.1.2. The Property is contiguous with Eagle's jurisdictional boundary. Eagle shall take
all steps necessary to timely annex the Property into Eagle's corporate limits as set forth in this
Agreement, including, but not limited to, the concurrent publication of an annexation ordinance and
zoning ordinance as provided in Section 2.1.1.
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2.2. Applicant consents to annexation and rezone of the property upon contiguity of the
Property with Eagle's jurisdictional boundary within twelve (12) months of the Effective Date.
Applicant's consent to annexation and rezone of the Property shall continue until annexation and rezoning
occurs and the Applicant shall not consent to annexation to the City of Meridian while this agreement is
in effect. In the event the City does not complete the annexation and rezone within twelve (12) months
after the Effective Date, this Agreement shall terminate and shall be null and void unless such period of
time is extended by Applicant at Applicant's sole and absolute discretion by providing Eagle notice of
such twelve (12) month extension period. Such extension of time shall be for a minimum of twelve (12)
months. Eagle shall take all steps necessary to timely annex and rezone the Property into the corporate
limits of Eagle, including the publication of an annexation zoning ordinance(s).
ARTICLE III
CONDITIONS ON DEVELOPMENT
3.1. Golf course operations may continue on the Property, or such portions of the Property,
until Applicant elects to abandon such operations. Nothing in this Agreement shall be construed or
interpreted to limit the use of the Property for a golf course, including present and future appurtenant
operations (e.g., driving range, retail and restaurant sales in its clubhouse, golf lessons, social events,
etc.). Further, nothing shall be construed or interpreted as limiting or preventing the Applicant from
securing and using entitlement permits for additional golf course related structures, improvements or
operations.
3.2. Nothing in this Agreement shall require Applicant to fulfill its pre -development
obligations with respect to any Use Area until such time as Applicant elects to abandon golf course
operations in such Use Area (as defined in Section 3.3 below); provided, however, Applicant shall not be
entitled to pursue development of any Use Area pursuant to this Agreement until its pre -development
obligations with respect to such Use Area have been completed.
3.3. Eagle hereby acknowledges that the bubble plan shown on the Concept Plan represents
Applicant's concept for the Property. All future development of the Property shall be generally consistent
with the Concept Plan; provided, however, it is the intent of this Agreement to allow flexibility in the
development of a detailed conceptual site plan ("Development Site Plan") and preliminary plat for the
Property so long as the general intent of the Concept Plan and the conditions and limitations set forth in
this Agreement are met. Applicant shall submit a Development Site Plan outlining future phased
developments as a modification to this Agreement prior to or concurrent with a preliminary plat
application. The Development Site Plan shall provide more detail, including but not limited to, location of
roads within the development, lot layout, lot dimensional standards, setbacks for the commercial and
residential areas, location of commercial buildings, parking areas, primary drive isles, outdoor plaza
areas, location and size of common areas and buffer areas. Eagle shall hold necessary public hearings
pursuant to Eagle City Code notice requirements to address the Development Site Plan and any changes
thereafter proposed to said plan. Upon approval by Eagle, the Development Site Plan shall be attached
hereto as Exhibit C-2 and become a part of this Agreement.
3.4. The uses areas indicated on the Concept Plan (referred to herein as "Use Areas") shall be
subject to the following use, size and/or density limitations:
3.4.1. For the "MU-DA (Commercial) Use Area" consisting of 23.4-acres as indicated
on the Concept Plan, the permitted uses shall be all those that are permitted or conditional uses
identified under the Mixed Use District in Eagle City Code 8-2-3 except for the following uses
which are prohibited:
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• Cemetery
• Circuses and Carnivals
T nT7
• Urive in i eater
• Kennel
• Mortuary
Restaurants with drive thru, which use which is prohibited in Eagle City Code 8-2-3, shall be
permitted on not more than ten percent (10%) of the MU-DA (Commercial) Use Area (i.e., not to
exceed 2.34-acres).
If the permitted and conditional uses in the MU zoning designation are expanded, such expanded
uses shall be allowed as permitted or conditional uses as the case may be. Applicant
acknowledges that certain uses may be restricted by available sewer capacity. The MU-DA
(Commercial) Use Area shall be limited to 210,000 square feet of enclosed building area (i.e.,
enclosed with walls and roof), with no single enclosed building area greater than 120,000 square
feet in size and no structure abutting Chinden Boulevard to exceed 20,000 square feet of enclosed
building area. Applicant shall endeavor to locate the following "target uses" in accordance with
the target use areas as depicted on the Concept Plan:
• Computer Store
• Book Store
• Restaurants (including drive thru)
• Banks/financial institutions (including drive thru)
• Specialty food stores (not greater than 25,000 sq. ft. of floor area)
• Specialty retailers
• Fitness centers
• Sporting goods stores
• Entertainment centers (i.e., movies, games, miniature golf, etc.)
• Home improvement stores
• Furniture stores
• Retail pharmacies
• Garden centers as secondary use to primary retailer
• Theater
• Feed/seed retail
3.4.2 Applicant proposed that the 5.2 acre parcel designated Neighborhood Business
Use Area (indicated as "Neighborhood Business" on the Concept Plan attached hereto as
Exhibit C-1) be permitted up to 55,000 square feet of enclosed building area with a broad
range of commercial uses allowed as part of its overall transition planning, in addition to
the commercial uses allowed under Section 3.4.1 hereinabove. Eagle was not
comfortable that such additional commercial uses were appropriate for this area at this
time. Therefore, Eagle determined that the 5.2 acre parcel should be currently
designated (expressly subject to possible future amendment of this Development
Agreement through the ordinary Eagle process for Development Agreement amendment)
as a "Residential Use Area", consistent with the provisions of Section 3.5, with the
density and dwelling types as allowed under Section 3.5.1; provided that Developer be
expressly provided the right for a possible future modification of this Development
Agreement through the ordinary Eagle process for Development Agreement Modification
so that the Applicant has another opportunity to demonstrate the appropriateness of
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Neighborhood Business Use for this parcel. Eagle recognizes that some non-residential
uses may well be appropriate for this 5.2 acre parcel (such as, but not limited to, business
and professional offices). Upon the submission of an application for modification of this
Development Agreement, with a specific site plan providing detail for the proposed
development of the parcel, including location of roads, lot layout, lot dimensional
standards, setbacks, building locations, parking areas, primary drive aisles, outdoor plaza
areas, common areas, buffer areas and market conditions, proposing limited commercial
uses be allowed on the 5.2 acre parcel, Eagle shall evaluate the appropriateness of
allowing limited commercial uses on the 5.2 acre parcel. Applicant shall provide the
following information with such application: a specific site plan providing details for the
proposed development of the parcel, including location of roads, lot layout and
dimensional standards, setbacks, building locations, parking buffer areas and market
conditions. Notwithstanding the designation of the 5.2 acre parcel as Neighborhood
Business on the Concept Plan (C-1), the use of that parcel shall be governed by this
section, and shall be Residential Use until and unless this section is modified to allow
different uses.
3.5. The "Residential Use Area" consists of approximately 60.4 acres (inclusive of open
space). The maximum density for the Residential Use Area shall be approximately 2.47 dwelling units
per acre with a maximum of 128-dwelling units, subject to the capacity of the sewer system. Residential
uses in the Residential Use Area shall not require a conditional use permit. Multi -family developments
shall be subject to Design Review approval. Sidewalks and pathways shall be constructed in appropriate
locations to provide pedestrian connectivity throughout the site, which shall be reviewed by Eagle upon
the submittal of a preliminary plat application. The Residential Use Area shall emphasize transitioning
with multi -family and/or patio home dwellings (higher density) adjacent to non-residential development
and single-family dwellings (lower density) located adjacent to existing residential uses. The minimum
required open space shall be comprised of no less than 20% of the total gross land area of the residential
areas provided that those residential areas containing lots greater than 37,000 square feet in size shall be
excluded from the minimum open space calculations. Residential lots are encouraged to be clustered to
provide greater open space areas. Minimum lot sizes and setbacks shall comply with the following for
each area as depicted on the Concept Plan. Lot sizes shall be shown on the Development Site Plan. Any
proposed reduction in setbacks for lots proposed to be smaller than 5,000 square feet in size will require a
modification to this Agreement. Proposed setback reductions, if any, should be submitted concurrently
with submission of the Development Site Plan, and Eagle shall hold any necessary public hearings
pursuant to Eagle City Code notice requirements.
3.5.1. For the Residential Use Areas designated as "Up to Eight Units per Acre", the
permitted uses include single-family dwellings, two-family dwellings and multi -family dwellings
as follows:
Minimum Lot Size: 5,000 square feet
Front Setback: 15 feet to living area / 20 feet to garage
Rear Setback: 15 feet*
Side Setback: 5 feet*
Street Side Setback: 15 feet*
* All multi -family dwelling buildings shall be located a minimum of
20-feet from adjacent dwellings.
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3.5.2. For the Residential Use Areas designated "Up to Three Units per Acre", the
permitted uses include single-family dwellings and two-family dwellings* as follows:
Minimum Lot Size: 10,000 square feet
Front Setback: 20 feet
Rear Setback: 20 feet
Side Setback: 5 feet (additional 2.5 feet per story)
Street Side Setback: 20 feet
Two-family dwellings may only be permitted in areas directly
adjacent to two-family dwellings and multi -family dwellings located
within the "Up to 8 Units per Acre" area.
3.5.3. For the Residential Use Areas designated "Up to Two Units per Acre", the
permitted uses include single-family dwellings:
Minimum Lot Size: 17,000 square feet
Front Setback: 25 feet
Rear Setback: 20 feet
Side Setback: 7.5 feet (additional 5 feet per story)
Street Side Setback: 20 feet
3.5.4. For the Residential Use Areas designated "One Unit per Acre", the permitted
uses include single-family dwellings and two-family dwellings:
Minimum Lot Size:
Front Setback:
Rear Setback:
Side Setback:
Street Side Setback:
37,000 square feet*
30 feet
30 feet
15 feet
30 feet
Lots adjacent to the boundaries of the Sandy Court and Winward River
Heights Subdivision shall not be less than 43,560 square feet in size.
The minimum lot size of lots adjacent to the west boundary of Foxtail
Subdivision shall be 17,000 square feet, as Applicant is required to
construct a 10-feet high berm along such boundary.
3.6. Eagle shall not issue any development permits except permits related to the golf course
and related operations set forth in Section 1 above, for any portion of the MU-DA (Commercial) Use
Area until Eagle approves the following pre -development obligations for such use area:
3.6.1. Applicant shall develop and submit landscape guidelines, site design guidelines
and architectural guidelines to govern future phased developments. Such guidelines shall
complement landscaping, site design and architecture of the adjacent Eagle Island Marketplace
development, and shall be generally consistent with the design intent identified on Exhibit D.
Upon review and approval in accordance with the Design Review procedures set forth in Eagle
City Code (which shall occur prior to the issuance of a zoning certificate or final plat approval in
such use area), such guidelines shall be attached hereto as Exhibit E, Exhibit F and Exhibit G,
respectively, and become a part of this Agreement.
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3.6.2. Applicant shall develop and submit conceptual plans for the design, size, location
and future phasing of outdoor plaza areas to facilitate gathering points for users of such area. The
design for the plaza areas shall include items such as seating areas, artwork, fountains,
landscaping, drinking fountains, bike racks or similar features designed to establish a common
theme or identity to such areas, and shall be generally consistent with the Development Site Plan
and the design intent identified as Exhibit D. The conceptual plan shall be reviewed and
approved in accordance with Design Review procedures set forth in the Eagle City Code prior to
the issuance of a zoning certificate or final plat approval in such use area. The final design of
each plaza area shall be reviewed concurrently with the review of the associated commercial
areas, and each plaza area shall be constructed concurrently with associated commercial areas.
3.6.3. Applicant shall develop and submit a master signage plan which includes
exhibits and guidelines necessary to achieve a visually coordinated, balanced and appealing
signage environment. The master sign plan shall include monument and wall sign styles, themes,
and locations. It is the intent for the master sign plan to govern all signage within the Use Area in
accordance with Eagle City Code § 8-2A. The master sign plan shall be reviewed and approved in
accordance with the Design Review procedures in Eagle City Code prior to the issuance of a
zoning certificate or final plat approval.
3.6.4. Applicant shall provide for and include a cross access between all commercial
lots within the development. The cross access agreement shall be reviewed and approved by
Eagle's city attorney for both form and content prior to issuance of a zoning certificate. The cross
access agreement shall be executed and recorded prior to the issuance of a zoning certificate
3.6.5. Applicant shall construct a minimum 6-foot concrete sidewalk along Chinden
Boulevard in a meandering pattern compliant with the Americans with Disabilities Act.
3.6.6. Applicant shall develop and submit a conceptual plan for the design and phasing
of (i) pathways (sidewalks) within the interior parking lots of the MU-DA (Commercial) Use
Area to provide pedestrian interconnectivity to all portions of such areas to reduce the need to
drive from store to store and to promote enhanced pedestrian movement; (ii) shelters, "kiosks"
pergolas, etc, in appropriate locations to provide refuge and visual relief to pedestrians traversing
the parking lot, and (iii) pedestrian connectivity between adjacent residential and commercial
uses. The conceptual plan shall be generally consistent with the Development Site Plan and
reviewed and approved in accordance with the Design Review procedures in Eagle City Code
prior to the issuance of a zoning certificate or final plat approval. The final design of each feature
area shall be reviewed concurrently with the review of the associated commercial areas, and each
feature area shall be constructed concurrently with associated commercial areas.
3.7. Except as otherwise provided in this Agreement, all future development of the Property
shall comply with Eagle City Code as it exists in final form at the time this Agreement is recorded. City
and Applicant recognize that having adequate sewer capacity for approved developments is critical to
sustaining orderly and appropriate growth. Accordingly, Eagle shall, pursuant to the goals and objectives
set forth in Section 4.7 of the Eagle Comprehensive Plan, continue to monitor the capacity, planned
expansions and planned improvements of Eagle Sewer District in relation to the land use entitlements
approved by City.
3.8. Prior to submittal of any final plat application for any portion of the Property, such
portion of the Property shall (i) be annexed into Eagle Sewer District's boundaries and shall comply with
all applicable Eagle Sewer District's regulations and conditions, (ii) have been issued any required
approval letters from Idaho Division of Environmental Quality, and/or Central District Health. Further,
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prior to issuance of a building permit for any non-residential buildings that are not the subject of a final
plat application, Applicant shall provide proof of adequate sewer service to the proposed habitable
buildings by causing a letter of approval to be provided to Eagle from Eagle Sewer District.
3.9. Concurrently with the recordation of a final plat, or prior to the issuance of a Certificate
of Occupancy for any non-residential building, for any portion of the Property, the Applicant shall record
conditions, covenants and restrictions ("CC&Rs") against such portion of the Property that contain at
I
east the following provisions:
An allocation of responsibility for maintenance, in perpetuity, of all community
and privately owned landscape and amenities;
Establishment of an architectural control board for all buildings consistent with
approvals and Eagle City Code prior to building permit;
An allocation of responsibility for the operations and maintenance of the
pressurized irrigation system for the Property.
3.10. Prior to the issuance of any Certificate of Occupancy for any building within any Use
Area (except golf course -related buildings), Applicant will construct such normal and customary phased
improvements and satisfy such normal and customary conditions required by the Ada County Highway
District ("ACHD") and the Idaho Transportation Department ("ITD") for such Use Area. In the design of
these improvements, consideration shall be given to US 20/26 corridor studies that have been completed
and applicable Access Management Plans that have been adopted. Eagle supports the continued use of
the existing full commercial access to Chinden Boulevard. These phased improvements include, but are
not limited to, dedication of right-of-wav for future road widening, roadway and intersection
improvements commensurate to development traftic impacts, construction of sidewalks along Chinden
Boulevard, and construction of driveways in the locations and configurations as determined by the
aforementioned entities or as otherwise may be required herein. The obligations set forth herein are
without prejudice or waiver of any right to compensation from ACHD or ITD for such dedications or
improvements required by ACHD or ITD. Approval letters from these entities approving the design of
the required improvements shall be provided to Eagle prior to the issuance of a Building Permit.
3.11. Due to the high visibility of the Chinden Boulevard, special attention shall be given to the
design, configuration and position of the buildings abutting the roadways consistent with Eagle City
Code. The layout of such buildings shall be generally consistent with the building layout of the adjacent
Eagle Island Marketplace project. Drive aisles should be designed and located to complement the design
and layout of drive aisles in the adjacent Eagle Island Marketplace project. All lots and buildings shall be
configured to screen any and all loading areas and trash enclosures from view as seen from residential
uses or public roadways. Building placement shall be designed such that parking areas are not
concentrated between the buildings and Chinden Blvd. The side of any buildings facing the roadways
1__11 1__ 1_ 1 1_ 1_'. _ Y Y Y 1 Y 7 7' !` 1 1___ 1_ _
shall De provided with architectural design elements and architectural relief, as may De approved -y iiie
Eagle Design Review Board.
3.12. All buildings shall be set back a minimum of 105-feet from the centerline of Chinden
Boulevard to accommodate future corridor widening.
3.13. Internal roadways connecting between any residential and non-residential areas shall be
designed with traffic calming devices to reduce cut -through traffic, to create lower vehicle speeds, to act
as a delineator between dissimilar uses, and to ensure the safety of the pedestrian. Plans showing traffic
calming devices shall be submitted to Eagle and ACHD and/or ITD (pursuant to jurisdictional authority)
for review and approval in conjunction with any proposed development plans or preliminary plat,
whichever may be the case.
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3.14. Wilson Properties shall work with the neighbors immediately west of the Foxtail Parcel
to locate vehicular and pedestrian cross access approximately as shown on the Concept Plan. The
opening and use of such cross access requires a (i) mutually acceptable reciprocal easement agreement
between the owners, (ii) Wilson Properties' confirmation that such cross access will not pose access,
traffic, safety or other adverse issues for the Foxtail Parcel or the Fox Run Parcel and (iii) a traffic study
showing no adverse impact on the Foxtail Parcel's commercial access.
3.15. Wilson Properties shall work with the neighbors to the east and west of the north half of
the Foxtail Parcel to coordinate location of not less than one road connection suitable for a future road
between Linder Road and Meridian Road. Such road connection shall be constructed to the roadway
classification and specification required by ACHD's Policy Manual for the anticipated traffic volumes. If
a collector road is required, front on housing shall be prohibited, with appropriate buffers incorporated
along both sides of the roadway.
3.16. Applicant shall continue to work with Eagle, ITD, ACHD and other property owners in
the northeast quadrant of the US 20/26 and Linder Road intersection to support interconnectivity with the
goal of fostering internal circulation that will reduce local traffic use of US 20/26.
3.17. Applicant shall construct a ten (10) foot high landscaped berm adjacent to the western
boundary of Foxtail Subdivision. Applicant shall be required to landscape the ten (10) foot high berm
pursuant to Eagle City Code Section 8-2A-7(J)(4)(c). The proposed landscape plan shall be reviewed and
approved by the Design Review Board prior to the approval of a final plat application for any
development immediately adjacent to Foxtail Subdivision.
3.18. Any building with a proposed drive-thru shall be designed in such a way as to
compliment the entirety of the Property and if located near residential uses or a public way shall provide a
minimum forty-eight inch (48") grade separated berm and/or screen wall with vegetation adjacent to the
drive-thru lanes to reduce the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights
and vehicle cueing). Eagle may place reasonable limits on the hours of operation of all drive-thru uses to
ensure compatibility with adjacent uses.
3.19. Applicant shall provide bus stops or other public transportation mode improvements as
may be required by Eagle or the State RTA. The location and placement of the improvements will be
completed in conjunction with other property owners at the US 20/26 and Linder Road intersection, in
cooperation with ITD, ACHD, Eagle, and the City of Meridian. Applicant will pay its fair share of
reasonable costs proportionately with other developments.
3.20. Deliveries shall be conducted from the hours of 7:00 am to 10:00 pm, all other operations
of the site shall comply with Eagle City Code "Loud Amplification Devices; Noise Ordinance" Section 4-
9, or as thereafter amended.
3.21. All non-residential (commercial) mixed uses shall be subject to dark -sky lighting, or
related limitations in compliance with Eagle City Code, as it exists at the time such applications are made,
to address additional concerns that may arise.
3.22. The Property is currently located within the Meridian Fire District and, therefore,
Applicant shall work with the Meridian Fire District for all fire service/protection issues, unless annexed
into the Eagle fire district service area.
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ARTICLE IV
DEFAULT
4.1. If Applicant fails to comply with the commitments set forth herein within the time
periods set forth herein, Eagle shall have the right, after thirty (30) days of written notice of such failure
to Applicant and without prejudice to any other rights or remedies, to cure such violation, enjoin such
violation and otherwise enforce the requirements contained in this Agreement, or to terminate the
Agreement; provided, however, any default that occurs on a portion of the Property shall affect only such
portion of the Property in default and shall not affect other portions of the Property.
4.2. If required to proceed in a court of law or equity to enforce any provision of this
Agreement, the enforcing party shall be entitled to recover all direct out-of-pocket costs so incurred to
cure or enjoin such default and to enforce the commitments contained in this Agreement, including
attorney's fees and court costs.
4.3. If Eagle elects to terminate this Agreement pursuant to Section 4.1 above as to any
portion of the Property in default, Eagle may change the zoning designation of the Property as provided
1 7 r� ii
Dy law to A-R Agricultural -Residential District in which a goat course and related services shall De a
permitted use.
ARTICLE V
UNENFORCABLE PROVISIONS
If any term, provision, commitment, or restriction of this Agreement or the application thereof to
any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
instrument shall nevertheless remain in full force and effect and that portion determined to be invalid or
unenforceable shall be re -negotiated in good faith between Applicant (or other appropriate party) and
Eagle.
ARTICLE VI
ASSIGNMENT AND TRANSFER
After its execution, this Agreement shall be recorded in the office of the County Recorder at the expense
of the Applicant. Each commitment and restriction on the Project shall be a burden on the Property, shall
be appurtenant to and for the benefit of the Property, and shall run with the land. This Agreement shall be
binding on the Applicant and owners, and their respective heirs, administrators, executors, agents, legal
representatives, successors, and assigns; provided, however, that if all or any portion of the Project is
sold, the seller shall thereupon be released and discharged from any and all obligations in connection with
that portion of the Property sold arising under this Agreement. The new owner of the Property or any
portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's
sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement
with respect to the Property or portion thereof.
ARTICLE V II
GENERAL PROVISIONS
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7.1. Amendments. Eagle and Applicant acknowledge that amendments to this Agreement may
be necessary or appropriate from time to time. When the parties agree that an amendment is necessary or
appropriate, the parties shall, unless otherwise required by applicable law as established in this Agreement
or by state or federal statute, effectuate minor amendments administratively approved by Eagle's Zoning
Administrator. The approval of such minor amendments shall not necessitate formal amendment of this
Agreement, but shall be retained in Eagle's official file for the Property. The parties shall cooperate in
good faith to agree upon and use reasonable efforts to process any amendments to this Agreement. No
modification or amendment to this Agreement of any kind whatsoever shall be made or claimed by
Applicant or Eagle shall have any force or effect whatsoever unless the same shall be endorsed in writing
and signed by the party against which the enforcement of such modification or amendment is sought, and
then only to the extent set forth in such instrument. Amendments other than those approved
administratively by the Zoning Administrator to this Agreement shall be made only after complying with
the notice and hearing provisions of Idaho Code, Section 67-6509, as required by Eagle City Code
Section 8-10-1. Such approved amendment shall be recorded in the Official Records of Ada County,
Idaho.
7.2. Exceptions and Variances. Nothing in this Agreement shall be construed to prevent
Applicant, nor shall Applicant otherwise be prevented from seeking, by appropriate application thereof,
approval for such waivers, exceptions or variances as may be authorized by the provisions of the Eagle
City Code.
7.3. Paragraph Headings. This Agreement shall be construed according to its fair meaning and
as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute
a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the
singular or plural number shall each be deemed to include the others wherever and whenever the context
so dictates.
7.4. Choice of Law. This Agreement shall be construed in accordance with the laws of the
State of Idaho in effect at the time of the execution of this Agreement. Any action brought in connection
with this Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho.
7.5. Notices. Any notice that a party may desire to give to another party must be in writing
and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt
requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the
party to whom the notice is directed at the address of such party set forth below.
Eagle:
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
With Copy to: Susan E. Buxton
Moore Smith Buxton & Turcke, Chtd.
950 W. Bannock Street, Suite 520
Boise, Idaho 83702
Wilson Properties: Wilson Properties L.P.
1101 W. River Street, Suite 150
PO Box 2793
Boise, Idaho 83701
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With Copy to: Franklin G. Lee
Givens Pursley LLP
601 W. Bannock Street
PO Box 2720
Boise, Idaho 83701
Wilson Holdings: Wilson Holdings LLC
1101 W. River Street, Suite 150
PO Box 2793
Boise, Idaho 83701
With Copy to: Christopher J. Beeson
Givens Pursley LLP
601 W. Bannock Street
PO Box 2720
Boise, Idaho 83701
or such other addresses and to such other persons as the parties may hereafter designate as provided
herein. Any such notice shall be deemed delivered upon personal delivery twenty-four (24) hours after
deposit with Federal Express or other reputable overnight delivery service, or three (3) days after deposit
in the United States mail, if sent by mail pursuant to the foregoing.
7.6. Effective Date. This Agreement shall be effective upon the execution and recordation of
this Agreement.
7.7. Termination. This Agreement shall terminate upon Applicant's fulfillment of the
"Conditions of Development" identified in Article III above.
7.8. Authority to Enter Into Agreement. By the execution and delivery of this Agreement by
the parties, and the performance of their covenants and obligations therein, the parties acknowledge such
action has been duly authorized by all necessary corporate (or LLC) action, and necessary corporate (or
LLC) resolution(s) have been executed for the undersigned representatives to sign this Agreement and so
bind their respective parties. An affidavit by Wilson Properties agreeing to submit the Foxtail Parcel to
this Agreement is attached hereto as Exhibit H and an affidavit by the Wilson Holdings agreeing to
submit the Fox Run Parcel to this Agreement is attached hereto as Exhibit I.
[ end of text; signature page follows
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
Eagle:
ATTEST:
By:
Sharon K. Bergmann, City Clerk
Wilson Properties:
Wilson Holdings:
Schedule of Exhibits
Exhibit A:
Exhibit B:
Exhibit C-1:
Exhibit C-2:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State
of Idaho
0
Michael Huffaker, Council President/Acting
Mayor
WILSON PROPERTIES L.P., an Idaho limited
partnership
By: Fort Wilson, Inc., an Idaho corporation, its
General Partner
M
Charles H. Wilson, President
WILSON HOLDINGS LLC, an Idaho limited
liability company
By: Fort Wilson, Inc., an Idaho corporation, its
Manager
M
Charles H. Wilson, President
Legal Description of the Foxtail Parcel
Legal Description of the Fox Run Parcel
Concept Plan
Development Site Plan
Design Intent
Landscape Guidelines
Design Guidelines
Architectural Guidelines
Affidavit of Legal Interest for Wilson Properties L.P.
Affidavit of Legal Interest for Wilson Holdings LLC
Eagle City Council Findings of Fact and Conclusions of Law
Page 13 of 27
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STATE OF IDAHO 1
:SS.
County of Ada )
On this day of , 2010, before the undersigned notary public in and
for the said state, personally appeared MICHAEL HUFFAKER, known or identified to me to be the
Council President/Acting Mayor of the City of Eagle and the person who executed the foregoing
instrument on behalf of said city and acknowledged to me that said city executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
STATE OF IDAHO )
ss.
County of Ada )
Notary Public for Idaho
Residing at:
My Commission Expires:
On this day of , 2010, before me, the undersigned, a Notary Public
in and for said State, personally appeared CHARLES H. WILSON, known or identified to me to be the
President of For Wilson, Inc., an Idaho corporation, the General Partner in Wilson Properties L.P., an
Idaho limited partnership, the general partners who subscribed said limited partnership name to the
foregoing instrument, and acknowledged to me that such corporation executed the same in said limited
partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
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STATE OF IDAHO
ss.
County of Ada
On this day of , 2010, before me, the undersigned, a Notary Public
in and for said State, personally appeared CHARLES H. WILSON, known or identified to me to be the
President of For Wilson, Inc., an Idaho corporation, the General Partner in Wilson Properties L.P., an
Idaho limited partnership, the general partners who subscribed said limited partnership name to the
foregoing instrument, and acknowledged to me that such corporation executed the same in said limited
partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
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EXHIBIT A
Legal Description of Foxtail Parcel
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EXHIBIT B
Legal Description of Fox Run Parcel
Lot 1 in Block 2 of Foxtail Subdivision, according to the
official plat thereof filed in Book 73 of Plats at Pages
7563-7564, official records of Ada County, Idaho
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EXHIBIT C-1
Concept Plan
[ Attached; One (1) Page ]
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EXHIBIT C-2
Development Site Plan
Pursuant to Section 3.3, Applicant will develop and submit a
Development Site Plan outlining future phased developments. The
Development Site Plan shall be generally consistent with the Concept
Plan and shall illustrate the general locations of major improvements
such as buildings, parking areas, primary drive isles, outdoor plaza areas
and perimeter landscaping. Upon review and approval in accordance
with the procedures identified in Section 3.3 (which shall occur prior to
the issuance of a zoning certificate or final plat approval in such use
area), the Development Site Plan shall be attached as this Exhibit C-2
and become a part of this Agreement.
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EXHIBIT D
Design Intent
The design intent for the development is illustrated on the following narratives and the attached photo-
narratI ve sheets.
No. Subject Description
Architectural Design The architectural design of commercial structures will be
developed in conjunction with the anchor tenants, not on a
speculation basis, and will complement (but not copy) the design
of the structures on adjacent commercial areas in Eagle Island
Marketplace. Please see the "Architectural Design" photo -
narrative attached as Sheet A and the "Plaza Design Elements"
photo -narrative attached as Sheet B.
2. Building Materials Materials and finishes will be selected for quality, sustainability
and appearance, with special consideration building materials
found in nature or in historic Eagle. The building material theme
will be centered around brick. Brick will be used in both
horizontal and vertical applications and utilized as accents on
side and rear walls of buildings Other materials will be used as
accents in structures and/or landscaping, such as native stone,
stucco, concrete and metal. Please see the "Architectural Design"
photo -narrative attached as Sheet A and the "Plaza Design
Elements" photo -narrative attached as Sheet B.
3. Perimeter Landscaping Perimeter areas to be landscape as appropriate for adjacent uses.
Along Chinden Blvd the landscaping will be compatible with
Eagle Island Marketplace. Commercial areas will be landscaped
to partially obscure parking fields yet permit the important sight
lines for recognition of tenant signage and customer entries.
Along streets serving and/or fronting on residential and
transitioning from business uses, the buffering on the residential
side of the street ,Shall he ,sight obscuring landscaping with 1 font
high berms. Please see the "Buffering" photo -narrative attached
as Sheet C.
4. Parking Area Parking areas and internal drive aisles will be landscaped with
Landscaping trees and upright shrubs to partially obscure parking fields yet
permit important sight lines. Streets forming a transition to
residential will be designed with sight obscuring landscaping,
which may include a fence or berm. Please see the "Buffering"
photo -narrative attached as Sheet C and the "General Design
Elements in Commercial/Neighborhood Business Use Areas"
photo -narrative attached as Sheet D.
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5. Lighting The project will incorporate pedestrian oriented lighting that
meets or exceeds Eagle's night -sky requirements. Lighting will
be designed to augment the sense of safety in areas that people
frequent at night.
6. Water Features One of the most inviting elements of nature is water, whether
formal and symmetrical or playful and interactive. Whether a
focal point, or center piece, all ages are drawn to interact even
when the feature is artwork. Water features will be an integral
element of design in our project to create a sense of place in the
public sphere. Please see the "Public Water Feature Design
Elements" photo -narrative attached as Sheet E and the "Common
Area Water Features" photo -narrative attached as Sheet F.
7. Vehicular Circulation The project will be designed to facilitate functional
interconnectivity with adjacent properties to reduce local traffic
use of US 20/26.
Pedestrian Experience The pedestrian experience will be important to the development.
The development will include gathering spaces and interest
points, and will be connected with the pedestrian amenities
provided at Eagle Island Marketplace and the adjacent
residential. Please see the "Common Area Water Features"
photo -narrative attached as Sheet F, the "Common Area Design
Elements" photo -narrative attached as Sheet G and the "Plaza
Design Elements" photo -narrative attached as Sheet B.
9. Transitional Residential Transitional residential will be designed to provide a suitable
transition from commercial areas to lower density residential
areas through multi -family structures that complement the
character of lower density residential structures, such as
rowhouses, patio homes and "mansion" 4-plexes. Please see the
"Transitional Residential" photo -narrative attached as Sheet H.
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EXHIBIT E
Landscape Guidelines
Pursuant to Section 3.6.2, Applicant shall develop and submit landscape
ml;'A'-1innc to (rnvArn Fiit»rp ,%h,3c,orl 01- 11
cvuiuv1111�J L%-) 6ll v1.111 1UllAI l, 1J 11uJ1�u UV V Vitip l lit-uw. 1J UV11 6ulul�lll 1%,3 oil U11
complement the landscaping of the adjacent Eagle Island Marketplace
development, and shall be generally consistent with the design intent
identified on Exhibit D. Upon review and approval in accordance with
the Design Review procedures set forth in Eagle City Code (which shall
occur prior to the issuance of a zoning certificate or final plat approval in
such use area), such guidelines shall be attached as this Exhibit E and
become a part of this Agreement.
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EXHIBIT F
Design Guidelines
Pursuant to Section 3.6.2, Applicant shall develop and submit site design
guidelines to govern future phased developments. Such guidelines shall
complement the site design of the adjacent Eagle Island Marketplace
development, and shall be generally consistent with the design intent
identified on Exhibit D. Upon review and approval in accordance with
the Design Review procedures set forth in Eagle City Code (which shall
occur prior to the issuance of a zoning certificate or final plat approval in
such use area), such guidelines shall be attached as this Exhibit F and
become a part of this Agreement.
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EXHIBIT G
Architectural Guidelines
Pursuant to Section 3.6.2, Applicant shall develop and submit
nrohitr-rtiiral amrlalinac to crnvarn fiAiin- nhacarl A—u,,1nnmantc Crloh
...a vaaivva.ul ul `{.a1u�1111�U a,V &V I-. il.l l.uiV V11u.Uvu uV Vv1V V111V 111J. ""%Ill
guidelines shall complement the architecture of the adjacent Eagle Island
Marketplace development, and shall be generally consistent with the
design intent identified on Exhibit D. Upon review and approval in
accordance with the Design Review procedures set forth in Eagle City
Code (which shall occur prior to the issuance of a zoning certificate or
final plat approval in such use area), such guidelines shall be attached as
this Exhibit G and become a part of this Agreement.
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EXHIBIT H
Affidavit of Wilson Properties, L.P. for Foxtail Parcel
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
ss.
County of Ada )
CHARLES H. WILSON, who being first duly sworn under oath, deposes and says:
1. I am President of Fort Wilson, Inc., who is the General Partner of Wilson Properties L.P.,
whose mailing address is PO Box 2793, Boise, Idaho 83701 ("Wilson Properties").
2. Wilson Properties is the fee simple owner of the parcel of real property described on
Exhibit 1, attached hereto (the "Property").
3. Wilson Properties authorizes the submission of the Property to certain Development
Agreement dated the day of 2010 by and between the City of Eagle, a municipal
corporation in the State of Idaho, Wilson Properties L.P., an Idaho limited partnership and Wilson
Holdings LLC, an Idaho limited liability company (the "Agreement").
DATED this day of , 2010.
WILSON PROPERTIES, L.P., an Idaho limited partnership
By: FORT BOISE, INC., an Idaho corporation,
its General Partner
no
SUBSCRIBED AND SWORN to before me this
Charles H. Wilson, President
day of , 2010.
Notary Public for Idaho
Residing at
My Commission expires
Idaho
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EXHIBIT I
Affidavit of Wilson Holdings LLC for the Fox Run Parcel
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
ss.
County of Ada )
CHARLES H. WILSON, who being first duly sworn under oath, deposes and says:
I am President of Fort Wilson, Inc., who is the Manager of Wilson Holdings LLC, whose mailing
address is PO Box 2793, Boise, Idaho 83701 ("Wilson Properties").
3. Wilson Holdings is the fee simple owner of the following described parcel of real
property (the "Property"):
Lot 1 in Block 2 of Foxtail Subdivision, according to the
official plat thereof filed in Book 73 of Plats at Pages
7563-7564, official records of Ada County, Idaho
3. Wilson Properties authorizes the submission of the Property to certain Development
Agreement dated the day of , 2010 by and between the City of Eagle, a municipal
corporation in the State of Idaho, Wilson Properties L.P., an Idaho limited partnership and Wilson
Holdings LLC, an Idaho limited liability company (the "Agreement").
DATED this day of
.2010.
WILSON HOLDINGS LLC, an Idaho limited liability
company
By: FORT BOISE, INC., an Idaho corporation,
its Manager
0
Charles H. Wilson, President
SUBSCRIBED AND SWORN to before me this day of , 2010.
Notary Public for Idaho
Residing at
My Commission expires
Idaho
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EXHIBIT H
Eagle City Council Findings of Fact and Conclusions of Law
[ To be attached prior to execution ]
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