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Findings - PZ - 2015 - CPA-04-15/RZ-07-15 & PP-04-15 - Cpa Sh-44/Ballantyne Planarea/Bp To Mu/Rz From Bp-Da And Ps-Da To Mu-Da/StillwatersubBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A ) COMPREHENSIVE TEXT AND MAP AMENDMENT, ) FROM BUSINESS PARK TO MIXED USE, A REZONE ) FROM BP -DA (BUSINESS PARK WITH A DEVELOPMENT ) AGREEMENT) AND PS -DA (PUBLIC /SEMIPUBLIC) ) TO MU -DA (MIXED USE WITH A DEVELOPMENT ) AGREEMENT [IN LIEU OF A PUD]) AND PRELIMINARY ) PLAT FOR STILLWATERSUBDIVISION FOR NEXT ) LEVEL DEVELOPMENT, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CPA- 04- 15/RZ -07 -15 AND PP -04 -15 The above - entitled comprehensive plan text and map amendment, rezone with development agreement (in lieu of a PUD) and preliminary plat applications came before the Eagle Planning and Zoning Commission for their consideration on October 19, 2015. The applications were continued to November 2, 2015, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. The 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: Next Level Development, LLC, represented by Kevin McCarthy, is requesting approval of a Comprehensive Plan Text Amendment to modify Section 6.8.11 — SH -44 and Ballantyne Planning Area, a Comprehensive Plan Map Amendment to change the future land use map designation from Business Park to Mixed Use, a rezone from BP -DA (Business Park with a development agreement) and PS -DA (Public /Semipublic with a development agreement) to MU -DA (Mixed Use with a development agreement [in lieu of a PUD]) and a preliminary plat for Stillwater Subdivision, a 94 -lot (72- buildable, 12- commercial [22- residential condominium units located above commercial buildings], 10- common) subdivision. The 39.7 -acre site is located on the south side of State Highway 44 at the southwest corner of West State Street and State Highway 44. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on -site at 6:00 PM, Thursday May 14, 2015, in compliance with the application submittal requirement of Eagle City Code. The original applications for this item were received by the City of Eagle on May 21, 2015. The applicant revised the plan and uses for the commercial area and based upon those revisions a second Neighborhood Meeting was held at the Eagle Public Library meeting room, at 7:00 PM, Thursday, August 27, 2015, in compliance with the application submittal requirements of Eagle City Code. The revised applications for this item were received by the City of Eagle on September 3, 2015. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on September 28, 2015. Notice of this public hearing was mailed to property owners within three- hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on September 24, 2015. Requests for agencies' reviews were transmitted on June 10, 2015 (original application) and September 24, Page 1 of 75 KAPlanning Dept\Eagle Applications\SUBS \.2015\Stillwater Sub pd.doc 2015 (revised applications) in accordance with the requirements of the Eagle City Code. The site was posted in accordance with Eagle City Code on October 6, 2015. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 26, 2008, the City Council approved a comprehensive plan map and text amendment to change the land use designation on the Comprehensive Plan Land Use Map from Residential One (up to one (1) unit per acre) and Residential Two (up to two (2) units per acre) to Business Park, and to establish a new planning sub -area within the Land Use Chapter of the plan (CPA- 02 -08). On February 10, 2009, the City Council approved an annexation and rezone with development agreement and preliminary plat for Stillwater Business Park for Tri Cedars Management, LLC (A- 07-07/RZ-09-07 and PP- 11 -07). On September 22, 2009, the City Council approved a development agreement modification to allow one (1) lot to be developed using an approved septic system. The modification also allowed the proposed Stillwater Business Park to be served by a temporary access from State Highway 44 until such time the realignment of Ballantyne Road was completed (RZ -09 -07 MOD). (The existing development agreement [Ada County instrument #1100083431 expires on January 10, 2017. If the subject rezone is approved the development agreement associated with the subject rezone will supersede the previously executed development agreement.) On September 22, 2009, the City Council approved a preliminary plat modification in regard to the future phases of the development associated with the property owned by the Eagle Sewer District and the timing of eliminating the temporary access providing access to the development from State Highway 44 (PP -11 -07 MOD). On October 13, 2013, the Stillwater Business Park Subdivision preliminary plat expired (PP -11 -07 MOD). E. COMPANION APPLICATIONS: All applications are inclusive herein. F. APPLICANT REQUEST FOR COMPREHENSIVE PLAN TEXT AND MAP AMENDMENT: The applicant is requesting the City change the Future Land Use Map designation of the 39.7 -acre site from Business Park to Mixed Use (Commercial, Office and Residential). The applicant is requesting to modify of Section 6.8.11— SH -44 and Ballantyne Planning Area of the Comprehensive Plan as follows: 6.8.11 SH -44 and Ballantyne Planning Area The SH -44 and Ballantyne Planning Area is located south of SH -44 between the planned intersection of SH -44 and Ballantyne Road and the planned intersection at SH -44 and Eagle Island State Park. The planning area is designated as Business Park and to accommodate a growing technical industry, commercial uses, and residential use, within the City and valley, to provide employment options for City residents, and as a recognition of the impacts of the regional transportation network and neighboring land uses (sewage treatment plant and state park) in the area. A. Uses The land use and development policies specific to the SH -44 and Ballantyne Planning Area include the following: 1. The area is to be developed as a business /technical park with residential, comm_ ercial, limited ancillary uses. Page 2 of 75 KAPlanning DepAragle ApphcattonsXSUBSUO15\SWlwater Sub p f-dnc 2. The area should be designed to capitalize on the Boise River by providing trails and open space throughout the area and ensuring public access to the river. 3. The area should be designed to provide sufficient space for corporate headquarters . emerging technical uses, commercial uses, and residential uses in a park -like setting. 4. This area is intended to serve as a unique location for business and technical uses within the City of Eagle to encourage the location of clean industry into the City while buffering between the Eagle Sewer District Sewer Treatment facility to the east and Eagle Island State Park to the west. 5. Small - rgrrvefmov- C."Mcncr2auio"i x'°`' S �:-'ommereial uses may be considered as ancillaFye pVlementarg, uses which should not to exceed 10% of the SH_44 and Ballantyne Planning Area buildable aC--re. . Commercial Aneillaf} uses are intended to be seear� complementary to the business and technical uses acrd 'fit= °`' `" p" 'id supp ^ft seMeeS to in the planning area and serve as a buffer between the residential uses and SH -44. Striv commercial uses should be discouraged. Highwa - oriented uses should be strategically placed at si nalized intersections and designed to accommodate the -goals of the Scenic Corridor, if applicable. 6. The area north of the Boise River should be improved with pathways and other amenities to encourage active recreation and passive enjoyment of the river and riparian area. 7. All uses in the planning area should be designed with consistent architecture, design, and signage as well as community design and art elements to create a campus feel throughout the business and commercial area area. 8. Residential uses (inchidn Temporary/Corporate housing should be considered as a complementary aneillar -y uses in this area and should be scaled and designed to be eeflsisfeint with e need of th e —mar -y UWSAR the Pla ..,-, rian- friend pedestty to establish a v_illa$e feel along collector roadways. 9. Public access should be maintained to provide residents, business pafk- -and employees, and guests' access to the greenbelt and river, similar to the access provided in the Eagle River Area. B Access 1. Access to the SH -44 and Ballantyne Planning Area will be from the signalized intersections of SH -44 at Ballantyne Road and Eagle Island State Park. Any approved highway- oriented uses should be strategically located at the immediate intersections. 2. All access should be reviewed for compliance with the State Street/ SH44 corridor management plan. 3. A new internal collector parallel to SH -44 should be built at the time of development to move traffic within the area. All single - parcel access points to the State Highway should be eliminated/consolidated during the development process. 4. A pathway and trails network should be encouraged to provide pedestrian access along the Boise River connecting the SH -44 and Ballantyne Planning Area to the existing City pathway system. Page 3 of 75 K Tlanning Dept\Eagle ApplicationASUBA20I Mullwater Sub pzt:doc C. Design 1. All business and commercial uses in the planning area should be designed to fit into a park -like setting appropriate for corporate headquarters, and the emerging technical industry and small neighborhood commerciaUlimited service commercial with consistent and complimentary architecture, design, and signage. The design should capitalize on the extension of Old Valley Road and bring activities and uses closer to the collector road, creating a pedestrian-friendly area that encourages pedestrian circulation from the greenbelt and the residential areas, while while also servicing auto traffic. 2. The planning area should be designed to be internally focused, providing the ability to capture or collect trips for the larger planning area with some limited trip capturing from SH -44 and adjacent residential areas. 3. b b b enczeum-,ed- DUe b. gfouped between b_. Beise leeate b b ommon parkin areas and Joint parking agreements and should be encouraged to minimize walking distances between buildings and provide a pedestrian scale to the area. On- street parking should be encourage where sufficient right -of -way is available. 4. Signage should be uniform and should be focused to the interior of the development along the parallel collector to ensure that the highway rights -of -way are not cluttered with individual and monument signs. The planning area should include a single monument entry sign at the signalized intersections to establish place making reference. Consistent design elements should be repeated throughout the area to establish and maintain identity. Tall landscape berms should be avoided along SH -44 to prevent business par-k—and commercial buildings from being obscured but a landscaping buffer should be significant enough to separate the uses from the State Highway and instill a park -like atmosphere. D. Issues 1. One of the main concerns in developing this area for a variety of uses is the need to maintain a balance among the various employment opportunities that the Business Park and Mixed Use designation, afford-.. The goal is to create an environment where a broad range of employment opportunities are available. To achieve this goal, commercial development and-- should be limited to 10% of the total planning area should be designed to serve_ the Manning area and regional greenbelt users; big box uses should be prohibited. Any approved highway- oriented uses must adhere to strinvent design guidelines in order to conform to the goals of the Scenic Corridor where applicable. 2 If deemed necessal the planning area should identify a site for an electrical substation. If a substation is not sited early in the development of the area, it is likely the intent of this planning area to function as a technical park will be limited. 60ffiffiereial develepffier}t MUSt --eeRSI Of-- � of the fetal planning area; vs " "g boxes - should -be -fir arl'rrvried. Page 4 of 75 KAPhu ring Dept\Eagle Applications\SUBSX2(15XStWwatcr Sub pzCdoc If single family residential uses are located in this area special attention should be given to the transition between business /technical /commercial park use and sing] fare residential uses. Transitional use could include open s ace live /work units or light office uses. Pursuant to the Eagle Comprehensive Plan "Amendment Procedures" the applicant shall address the following items: Any person may petition the Planning and Zoning Commission for a plan amendment at any time. The applicant shall submit a letter for a Comprehensive Plan amendment which will contain the following: 1. Specific description of the change being requested. 2. Specific information on any property involved. 3. The condition or situation which warrants a change being made in the plan. 4. The public need for a benefit from such a change in the plan. 5. A statement that no other solutions to the problem presented by the current policy of the Plan are possible or reasonable. 6. Proposed development for any land involved. 7. Any other data and information needed by the Planning and Zoning Commission in evaluating the request. G. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE: See justification letter, dated September 3, 2015 (attached to the staff report), provided by the applicant's representative. H. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: The applicant is requesting a development agreement (in lieu of a PUD). The development agreement addresses uses that may be permitted through a PUD process. The applicant is also requesting a reduction in minimum lot size, setbacks, easements, a seven foot (7') height exception (total building height 42- feet), the use of "Northwestern" architecture, and other deviations from standard requirements in the MU (Mixed Use) zone and Eagle City Code identified in the applicant's justification letter dated September 3, 2015 (attached to the staff report). Page 5 of 75 K\PIannhtg Dept\Eagte ApphcationASUBSUOIASEWwater Sub pzf.doc I. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. K. SITE DATA: Total Acreage of Site — 39.7 -acres Total Number of Lots — 94 Total Number of Units — 94 Residential — 72 (60 single - family, 12 live /work) Commercial — 11 (22 condo dwelling units on second floor) Flex Lot — 1 Common — 10 Single- family — 94 • 60 single - family • 12 live /work (residence located on second floor) • 22 condo dwelling units located above commercial uses within the commercial area Page 6 of 75 KAPlanning Dept\Eagle Applications \SUBS\20I5\Stillwaler Sub pzf.doc COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Business Park BP -DA (Business Park with a Stillwater Business Park Development Agreement) and (Vacant/Undeveloped) PS -DA (Public /Semipublic with a development agreement) Proposed Mixed Use MU -DA (Mixed Use with Mixed use development Development Agreement) including commercial, retail, single - family, multi- family residential. North of site Mixed Use /Residential MU -DA (Mixed Use with a Predico Multi - Two Development Agreement) family /Apartments (75 units) R- 2 -DA -P (Residential with a Development Agreement — Countryside PUD) Subdivision/Single Family Residential South of site Floodway RUT (Rural Urban Transition Boise River Floodway - Ada County) PS (Public /Semi - Public) East of site Business Park/Industrial PS -DA (Public /Semi - Public Eagle Sewer District with a Development Treatment Plant Agreement) West of site Business Park A -R (Agricultural Single Family Residential Residential) DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. K. SITE DATA: Total Acreage of Site — 39.7 -acres Total Number of Lots — 94 Total Number of Units — 94 Residential — 72 (60 single - family, 12 live /work) Commercial — 11 (22 condo dwelling units on second floor) Flex Lot — 1 Common — 10 Single- family — 94 • 60 single - family • 12 live /work (residence located on second floor) • 22 condo dwelling units located above commercial uses within the commercial area Page 6 of 75 KAPlanning Dept\Eagle Applications \SUBS\20I5\Stillwaler Sub pzf.doc Duplex — 0 Multi - family — 0 Total Acreage of Any Out - Parcels — 0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 4.84 - dwelling units per acre* Up to 20 -units per acre maximum* Minimum Lot Size 2,500- square feet 5,000- square feet Minimum Lot Width 25 -feet 50 -feet Minimum Street Frontage 0 -feet 0 -feet Total Acreage of Common Area 17.9 -acres 5.7 -acres Open Space Percent of Site as Common Area 51% 20% Open Space Except that, according to ECC Section 9 -3 -8 (C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. * Based on the residential area with the floodway and commercial areas excluded. L. GENERAL SITE DESIGN FEATURES: Greenbelt /Pathway Areas: The applicant provided a Pathway Exhibit, date stamped by the City on October 12, 2015, that delineates an eight -foot (8') wide pathway within a ten -foot (10') wide common lot located adjacent to the northern boundary of the development. The Pathway Exhibit shows an eight -foot (8') wide greenbelt pathway located on one (1) side of the internal street providing access from State Highway 44 to the southern boundary of the site. The pathway exhibit also shows a five -foot (5') wide micro- pathway traversing from north to south through the residential area of the development. The Pathway Exhibit also shows a subdivision micro- pathway located in the middle of the residential area providing access from north to the south through the residential area to a large common lot (Lot 4, Block 2). Open Space: A total of 17.9 -acres (inclusive of island Lot 1, Block 7) of open space is proposed within the development. The usability of the island open space is questionable since there are no pedestrian facilities that provide access from the developed site to the island. The common lots minus the island is 6.17 -acres in size and consists of six (6) common lots. A minimum of 20% open space is required except that per Eagle City Code Section 9 -3 -8 (C), the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. Page 7 of 75 KAPlanning Dept\Eagle Applications\SUBSUOMStillwater Sub pzf.doc Commercial Area: The preliminary plat, date stamped by the City on September 2, 2015, shows a commercial area located between State Highway 44 and East Old Valley Street. The commercial area consists of 13 -lots (12- buildable, 1- common, and 1 -flex lot). The product type exhibit, date stamped by the City on September 3, 2015, and the preliminary plat does not identify the size of buildings, parking spaces, or proposed uses. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC &R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: The preliminary plat, date stamped by the City on September 3, 2015, contains plat notes indicating that all residential lots have a 12 -foot wide public utility, drainage, and pressurized irrigation easement adjacent to all front lot lines. The preliminary plat also notes that the rear and interior lot lines have a 5 -foot wide public utility, drainage, and pressurized irrigation easement except for lots within Blocks 4 and 5 which will have no easement adjacent to interior lot lines. All utilities including power are required to be placed underground. Fire Hydrants and Water Mains: The preliminary plat, date stamped by the City on September 22, 2015, does not show the location of fire hydrants. Hydrants should be installed and approved as required by the Eagle Fire Department. The proposed development is located within the United Water Company of Idaho water service area. On -site Septic System (yes or no) — Unknown The site previously contained a residential dwelling and accessory structures it is unknown if the septic system was properly abandoned. Pressurized Irrigation: The development will have a pressurized irrigation system with water supplied by the New Dry Creek Company. The applicant submitted a pressurized irrigation report that meets the requirements of the City of Eagle Pressure Irrigation Standards (EPIS). Preservation of Existing Natural Features: Eagle City Code Section 9 -3 -8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. Page 8 of 75 KAPlanning Dept\Eagk AppGcationASUBSUOMS(Wwater Sub pzfdoc M. STREET DESIGN: Public Streets: (The six [6] street sections described are based on the preliminary plat date stamped by the City on September 3, 2015). The street section for West State Street shows a 70 -foot wide right -of -way inclusive of a 46 -foot wide roadway section (as measured from back of curb to back of curb) with vertical curbs, eight - foot (8') wide landscape strips located on each side of the street, and an eight -foot (8') wide sidewalk on one (1) side of the street with a four -foot (4') wide sidewalk easement and a five -foot (5') wide sidewalk with a one -foot (1') wide sidewalk located on the other side of the street. The sidewalk easement area is located outside of the right -of -way. The eight -foot (8') wide sidewalk is to be utilized to provide greenbelt access from State Highway 44 to the Boise River. The street section for East Old Valley Street shows a 70 -foot wide right -of -way inclusive of two (2) 18 -foot wide travel lanes separated by a 10 -foot wide island, eight -foot (8') wide landscape strips located on each side of the street, and five -foot (5') wide detached sidewalks with a one -foot (1') wide sidewalk easement area located outside of the right -of -way. The south side of East Old Valley Street located between South Timber Wolf Avenue and West State Street and the east side of South Timber Wolf Avenue has an eight -foot (8') wide attached sidewalk, The interior street sections consists of two (2) 42 -foot wide streets both of which have a 29 -foot wide travelway with rolled curb and gutter and attached sidewalks located on each side of the street. The difference between the two (2) street sections is one shows five -foot (5') wide attached sidewalks on each side of the street and the other street section shows a five -foot (5') wide attached sidewalk on one side of the street and an eight -foot (8') wide attached sidewalk on the other side of the street to provide access to the greenbelt. The street section for the east to west street that divides Block 3 from Block 4 consists of a 28 -foot wide street section with a 24 -foot roadway section with rolled curb and gutter and no sidewalks. The residential units located adjacent to this street will be alley loaded from the street. The alley street section providing alley - loaded access to the lots located on Block 4 and Block 5 shows an alley section with a 20 -foot wide right -of -way with a 16 -foot wide roadway section with rolled curb and gutter. Blocks Less Than 500': None proposed Cul -de -sac Design: None proposed Sidewalks: Detached five -foot (5') wide sidewalks are proposed for the collector streets (West State Street and East Old Valley Street) with the exception of the eight -foot (8') wide detached sidewalk located on the east side of West State Street and on the south side of East Old Valley Street east of South Timber Wolf Avenue. The applicant is proposing the interior streets to have attached five -foot (5') wide sidewalks. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed Page 9 of 75 KAPhuming DeptTagle ApplicationA\SUBSUOMSt01water Sub pzf.doc before the final plat approval. 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. N. ON AND OFF -SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways/Pathways: See "Greenbelt/Pathways Areas" and "Sidewalks" above. Bike Paths: Eagle City Code section 9 -4 -1 -7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right -of -way or separate easement, as may be specified by the City Council. O. PUBLIC USES PROPOSED: The preliminary plat, date stamped by the City on September 3, 2015, shows a 10 -foot pathway located adjacent to State Highway 44. P. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists Q. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The narrative provided by the applicant, date stamped by the City on September 3, 2015, indicates that the public utilities providing services to this area have provided facility maps showing their services. These include United Water, Eagle Sewer District, Idaho Power, Intermountain Gas, CenturyLink, and Cable One. United Water Company and Eagle Sewer District provided correspondence to the applicant indicating they will provide service to the project (date stamped by the City on October 12, 2015, attached to the staff report). R. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern — Yes — Floodplain areas associated with the Boise River Evidence of Erosion — Yes — See Environmental Impact Assessment, date stamped by the City on September 3, 2015 Fish Habitat — Yes — Boise River Floodplain — Yes — Located adjacent to the Boise River Mature Trees — Yes — Located adjacent to the east and west property lines and the Boise River Riparian Vegetation — Yes — located adjacent to the Boise River Steep Slopes — No Stream/Creek Yes — Boise River Unique Animal Life — No Unique Plant Life — Yes — Riparian areas located adjacent to the Boise River Unstable Soils — Yes — See Environmental Impact Assessment, date stamped by the City on September 3, 2015 Wildlife Habitat — Yes — Located adjacent to the Boise River S. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: The Environmental Assessment Plan, date stamped by the City on September 3, 2015 (attached to the staff report), indicated that based on the available data, the project would not impact threatened or endangered species, historic or cultural resources, and would not create a significant health or other hazard. The applicant will also be required to provide a Habitat Analysis. Page 10 of 75 KAPlanning Dept\Eagle Applications \SUBS \2015\SdUwater Sub pzfdoc T. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the Engineer's letters dated, October 15, 2015, are of special concern. City Parks and Recreation Director: All comments within the Parks and Recreation Director's email dated June 28, 2015, are of special concern. Ada County Highway District Central District Health COMPASS (Communities in Motion 2040 Development Checklist) Eagle Fire Department Eagle Sewer District (correspondence provided by the applicant) Idaho Department of Environmental Quality Idaho Department of Fish and Game (correspondence date stamped by the City on July 2, 2015) Idaho Department of Fish and Game (correspondence date stamped by the City on July 30, 2015) Idaho Department of Lands Idaho Transportation Department Idaho Transportation Department (Traffic Impact Study response, date stamped by the City on October 16, 2015) Land Trust of the Treasure Valley Tesoro Logistics NW Pipeline United Water (correspondence provided by the applicant) West Ada School District U. LETTERS FROM THE PUBLIC: None received to date. V. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to develop the subdivision in a single phase. V. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: That the proposed PUD 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. 2. That 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. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That 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. 5. That 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. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. Page 11 of 75 KAPlanning DeptTagle AppbcationASUBSUOMStillwater Sub pzf doc 7. That 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. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That 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. 12. That 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. In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. For a request of up to 10% of the gross land area to be directed to uses other than residential (i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use district): 17. That the uses are appropriate with the residential uses. 18. That the uses will serve principally the residents of the PUD. 19. That the uses are planned to be an integral part of the PUD. 20. That the uses located and designed to provide direct access to a collector or arterial street. 21. That the proposed street connections will not create congestion or traffic hazards. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The property is currently zoned BP -DA (Business Park with a Development Agreement). The Comprehensive Plan Future Land Use Map designates the site as Business Park. The site is located within the Ballantyne and State Highway 44 Planning Area. Page 12 of 75 KAPtanning fept\Eagle Applications \SUBS \2015\Stillwater Sub pzf doc Chapter 1 — Overview 1.1 City of Eagle Statement of Purpose The purpose of the Eagle Comprehensive Plan is to develop a set of guidelines that the City will use to promote the health, safety, and general welfare of the residents who live in the City of Eagle and its Area of City Impact (AOI). To achieve that purpose, the City of Eagle will strive: A. To protect property rights and enhance property values. C. To ensure that the economy of the City of Eagle and its AOI is protected and enhanced. F. To avoid undue concentration of population and overcrowding of land. G. To ensure that the development of land is commensurate with the physical characteristics of the land. Table 1.1 Distribution of Uses Land Use % of total Commercial 4% Mixed Use 7% Mixed Use Village 5% Business/Tech 3% Industrial 1% Residential 75% Parks/open s ace 5% 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 Page 13 of 75 KAPlanning Depffagle Applications \SUBS\2015\StiDwater Sub pz£doc to use motorized transportation. In addition, it is unlikely that property owners east of the new highway corridor will feel identified with a city center that is entirely cut off to the west. (See Map 1.1) Historically in Ada County, state highways have been used as area of impact boundaries. For example, State Highway 44 forms portions of the respective common boundaries between Boise and Garden City. State Highway 55 forms portions of the respective common boundaries between Meridian and Boise as well as Boise and Eagle. State Highway 20/26 forms a boundary between Meridian and Eagle. C. Annexation in the Future: At the time of this planning effort, the City of Eagle had received numerous requests for annexation from properties reaching to the State Highway 16 corridor and north into the Eagle Foothills. If these applications are approved, Eagle's city limits would be bordered to the West by State Highway 16, to the South by State Highway 20/26 and to the North into Boise and Gem County substantiating the City's ability to annex throughout this area. 1.3 The City of Eagle Vision Statement In 1999, City of Eagle citizens envisioned their future town as a well - planned community that encourages diversified living and housing opportunities, fosters economic vitality that offers jobs for residents, and provides places for people to recreate and enjoy Eagle's natural beauty. We envision that in the future Eagle will be: A. known as a highly livable town that successfully balances growth with many of the rural elements of its heritage; B. interconnected with user - friendly pathways and roadways; C. economically strong with a distinct downtown economic center; D. providing diversified employment and housing opportunities for all economic groups; E. an environmentally aware community with distinctive open space, parks and outdoor recreation; F. an economically strong city, that fosters local businesses and clean industry; G. a unique community that maintains its rural residential feel in the midst of the Treasure Valley. Similarly as in 1999, the 2004 Soaring 2025 plan, and the Foothills Plan: the City of Eagle outlined an extensive public visioning process to guide the plan. The visioning sessions discussed potential growth areas and goals to guide the long term development of the City. From these visioning sessions, the following four broad goals were identified for the western AOI and the foothills: A. Sustainability at build out: Ensure the ability for the city to continue to fund, improve and support itself, including infrastructure and parks, without the use of building permit fees, impact fees and zoning fees. 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 Page 14 of 75 KAPlanning Dept\Bagle Applications \SUBS \2015\Stillwaler Sub pzf.doc and non - residential use to preserve larger areas as primarily residential neighborhoods and sensitive areas as open space. C. Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve the function of regionally significant roadways through the City while ensuring compatibility with land uses and design standards of the City. D. Increased Employment Opportunities: Identify areas that will provide significant employment opportunities to the residents of the City of Eagle thereby allowing the City to be a desirable place to live, work, and recreate. 1.5 Relationship to the City of Eagle Zoning Ordinance Idaho Code §67 -6511 states that "zoning districts shall be in accordance with the adopted plan." In general this means that zoning must be "in keeping" with a comprehensive plan if one exists. Further, the Eagle City Zoning code requires consistency between the comprehensive plan and affected zones at the time of rezoning. Additional zoning classifications may be needed to ensure the accurate implementation of this sub -area plan. Chapter 2 — Property Rights 2.4 Implementation Strategies A. Land use development regulations should be designed to protect the health, safety and welfare of the community, and to avoid any unnecessary conditions, delays and costs. B. The protection and preservation of private property rights should be a strong consideration in the development of land use policies and implementation standards and regulations and as required by law. C. The Comprehensive Plan and implementing ordinances should strive for stable and consistent policies regarding development densities and requirements. D. All changes in the comprehensive plan and land use entitlement should be reviewed in compliance with this plan and the visioning plan for the western area. (Map 2.1) Chapter 3 — Population 3.4 Objective To plan for anticipated populations and households that the community can support with adequate services and amenities. Chapter 4 — Schools, Public Services and Utilities 4.1 Background Public utilities, facilities, and services are necessary for the overall welfare of the public and are generally available to Eagle residents. The City and special districts provide the basic services of water, sewer, school, police, fire and library to residents. With Eagle's growing population comes the need for increased public services and the necessity to improve existing service delivery systems. B. The Eagle Sewer District which provides sewer service within a designated sewer service area. Larger lot homes have wells and septic systems and must comply with Central District Health Department requirements. D. United Water, Eagle Water Company, and the City which provide water to Eagle residents. Some private water systems and wells are also used. Page 15 of 75 KAPlanning Dept\Eagle Applications\SUBSUOMStillwater Sub pzf.doc E. Ada County Sheriff's Office which provides police services on a contract 4.7 Sewer 4.7.2 Sewer Goals A. Ensure that Eagle Sewer District extends its wastewater collection system and expands and upgrades its wastewater treatment and disposal facilities to keep pace with new development in the Area of City Impact and the Eagle Foothills. B. Ensure that the ESD expands its sewerage and disposal facilities at a rate that will stay ahead of and thus not impede orderly development and envisioned in other sections of this Comprehensive Plan. 4.7.4 Sewer Implementation B. Compare ESD expansion Plans with the City's information regarding planned development within the Area of City Impact & the Eagle Foothills. F. Continue to work with the Eagle Sewer District to coordinate urban development based upon Land Use component of the Comprehensive Plan and the Eagle Sewer District Master Plan. Chapter 5 — Economic Development 5.1 Background The economic development component of the Comprehensive Plan presents a discussion of the economics and employment in Eagle. The city encourages appropriate economic development while retaining those attributes that give Eagle its special living and working environment. 5.3 Economic Development Goals A. Ensure the ability for the City to continue to fund, improve and support itself, including infrastructure, without the use of building permit fees, impact fees and zoning fees. B. Identify areas that will provide significant employment opportunities to the residents of the City of Eagle thereby allowing the City to be a desirable place to live, work, and recreate. C. Identify areas that, due to the nature of existing uses, future uses and/or transportation corridors, will lend themselves to increased business activity and nonresidential use so as to preserve larger areas as primarily residential neighborhoods. D. Increase available jobs within the City of Eagle to levels comparable with adjacent communities. Chapter 6 — Land Use 6.1 Background Managing growth and channeling it into orderly community development is the key element of land use planning. Unplanned growth results in undesirable land use patterns. Areas within the City and within the City's planning areas are given land use designations which are depicted on the Comprehensive Plan Land Use Map, hereinafter referred to as the "Land Use Map ". (See Map 6.1 & 6.2) Page 16 of 75 KAPlanning Dept\Eagle AppGcationASUBSUOMSOwater Sub pzfdoc The Land Use Map is an integral part of the Comprehensive Plan. It serves as a planning policy document and planning tool that will assist the City in sustaining responsible growth and development to ensure that evolving land use patterns remain consistent with goals, objectives and strategies of the Plan. Land use designations as reflected on the Land Use Map are based on the existing land use pattern, existing natural physical features such as the Boise River, Dry Creek and the foothills, floodplain areas, capacity of existing community facilities, projected population and economic growth, compatibility with other uses of the land, transportation systems, and the needs of local citizens. As a part of the review of the 2000 Comprehensive Plan, the City completed a land capacity analysis of the economic sustainability of the existing AOI and future growth areas for the City. This study found that the City of Eagle, though stable and united in its vision to develop a city with a uniquely rural character, did wish to establish long term sustainability for the City as it approached build out. The 2007 Comprehensive Plan detailed the following uses for the incorporated City and the AOI: Table 6.1— Mixture of Land Uses Mix of Uses (including Foothills) • Conxnarclal, Mixed Use. Business, & hdustrial 62% • Residential 30% • Parks/open 8% space 6.3 Land Use Designations Development density shall be calculated by project. Unused density for undeveloped or underdeveloped land adjacent to or within the same land use designation will not be transferred or used to "balance" or "maximize" densities within an area. Clustering will only be allowed as specified in the "Parks, Recreation, and Open Spaces" chapter of the Comprehensive Plan. For the purposes of this comprehensive plan, the density shall be defined as the ratio of the total number of dwelling units within a project divided by the total project area. Should that number be a fraction, it shall be rounded up to the nearest whole number, except where the comprehensive plan details a fractional density, and then the density shall not exceed the number described in the comprehensive plan. The land use designations on the Comprehensive Plan Land Use Map, and as may be referred to within the text of the Comprehensive Plan, are defined on the Land Use Designation Matrix, Table 6 -1, and Zoning Compatibility Matrix, Table 6 -2, and are as follows: Page 17 of 75 K1Planning DeptTagle Appbcations\SUBS\2015\Std1water Sub pzf due 6.3.15 The Comprehensive Plan Land Use Map (adopted February 2015) designates this site as the following: Business Park Suitable primarily for the development of technical park/research and development facilities, offices and office complexes, and limited manufacturing activities, including small -scale production, distribution, and storage of goods. Support activities may also be permitted. All development within this land use shall be designed to be within a landscaped setting and be free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Such development should be operated entirely within enclosed structures and generate minimal industrial traffic. Development within this land use designation should be required to proceed through the PUD 6.3. 10 The applicant is proposing to designate the site as the following: Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within Downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or Development Agreement process, see specific planning area text for a complete description. An allowable density of up to 20 units per 1 acre. 6.4 Land Use Goals B. Ensure the ability for the city to continue to fund, improve and support itself (including infrastructure) without the use of building permit fees, impact fees and zoning fees. C. Identify areas that, due to the nature of existing uses, anticipated uses, and/or transportation corridors, will lend themselves to increased activity and non - residential use while preserving larger areas as residential neighborhoods. D. Preserve the function of regionally significant roadways transecting the City while ensuring compatibility with land uses and design standards of the City. 6.6 Land Use Implementation Strategies B. Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, police, fire, recreational areas, highways and transportation systems. C. Provide for a broad spectrum of housing types including apartments, townhouses, condominiums, single - family attached, manufactured homes, affordable and subsidized housing and large- acreage developments. G. Locate higher- density residential development closest to Downtown Eagle and activity centers as shown on the Comprehensive Plan Land Use Map. K. Institute a PUD ordinance to facilitate and regulate cluster development. S. Encourage a variety of housing through such mechanisms as PUD's in subdivisions including large lot subdivisions. Page 18 of 75 K TIanning DeptlEagle Applications\SUBSk2015\StWwater Sub pzfdoc V. Maintain a Future Land Use Map that encourages higher densities around activity centers and transit routes but also provides for large residential areas that continue to promote the rural character of the City of Eagle. (See Map 6.1 & 6.2) W. Use smaller planning areas to help guide development in the western planning area. (See Map 6.3) X. Limit non - residential uses to designated areas, with scaling and intensity paramount to the approval of these uses. Y. Require design treatments to provide compatibility of new development with existing development by considering such issues as building orientation, increased setbacks, height limitations, size restrictions, design requirements, fencing, landscaping or other methods as determined through the development review process. Z. Subject to all commercial and subdivision development within the City to Design Review. CC.Discourage mid -block commercial development along arterial and collectors unless it is specified in the plan. 6.8.11 SH -44 and Ballantyne Planning Area The SH-44 and Ballantyne Planning Area is located south of SH -44 between the planned intersection of SH -44 and Ballantyne Road and the planned intersection at SH -44 and Eagle Island State Park. The planning area is designated as Business Park to accommodate a growing technical industry within the City and valley, to provide employment options for City residents, and as a recognition of the impacts of the regional transportation network and neighboring land uses (sewage treatment plant and state park) in the area. A. Uses The land use and development policies specific to the SH -44 and Ballantyne Planning Area include the following: The area is to be developed as a business /technical park with limited ancillary uses. 2. The area should be designed to capitalize on the Boise River by providing trails and open space throughout the area and ensuring public access to the river. 3. The area should be designed to provide sufficient space for corporate headquarters and emerging technical uses in a park -like setting. 4. This area is intended to serve as a unique location for business and technical uses within the City of Eagle to encourage the location of clean industry into the City while buffering between the Eagle Sewer District Sewer Treatment facility to the east and Eagle Island State Park to the west. 5. Small Neighborhood Commercial/Limited Service Commercial uses may be considered as an ancillary uses which should not to exceed 10% of the buildable acres. Ancillary uses are intended to be secondary and complimentary to the business and technical uses and intended to provide support services to the planning area. 6. The area north of the Boise River should be improved with pathways and other amenities to encourage active recreation and passive enjoyment of the river and riparian area. Page 19 of 75 KAPlanning DeptEaglc AppGcationASUBSUO MStillwaler Sub pzf doc 7. All uses in the planning area should be designed with consistent architecture, design, and signage as well as community design and art elements to create a campus feel throughout the area. 8. Temporary/Corporate housing should be considered as a complementary ancillary use in this area and should be scaled and designed to be consistent with the needs of the primary uses in the planning area. 9. Public access should be maintained to provide residents, business park employees and guests' access to the greenbelt and river, similar to the access provided in the Eagle River Area. B. Access 1. Access to the SH -44 and Ballantyne Planning Area will be from the signalized intersections of SH -44 at Ballantyne Road and Eagle Island State Park. 2. All access should be reviewed for compliance with the State Street/ SH44 corridor management plan. 3. A new internal collector parallel to SH -44 should be built at the time of development to move traffic within the area. All single - parcel access points to the State Highway should be eliminated/consolidated during the development process. 4. A pathway and trails network should be encouraged to provide pedestrian access along the Boise River connecting the SH44 and Ballantyne Planning Area to the existing City pathway system. C. Design 1. All uses in the planning area should be designed to fit into a park -like setting appropriate for corporate headquarters and the emerging technical industry with consistent and complimentary architecture, design, and signage. 2. The planning area should be designed to be internally focused, providing the ability to capture or collect trips for the larger planning area with some limited trip capturing from SH -44 and adjacent residential areas. 3. Parking should be cooperative and joint parking agreements should be encouraged. Due to the intensity of use (need for semi -truck access) on- street parking should be avoided in this area. Parking should be grouped between buildings on the site so not to locate large parking lots adjacent to the Boise River view shed or SH44. 4. Signage should be uniform and should be focused to the interior of the development along the parallel collector to ensure that the highway rights -of -way are not cluttered with individual and monument signs. The planning area should include a single monument entry sign at the signalized intersections to establish place making reference. Consistent design elements should be repeated throughout the area to establish and maintain identity. Tall landscape berms should be avoided along SH -44 to prevent business park buildings from being obscured but a landscaping buffer should be significant enough to separate the uses from the State Highway and instill a park -like atmosphere. Page 20 of 75 KAPlanning Dept\Eagle Applications \SUBS \2015\Stillwater Sub pzfdoc D. Issues One of the main concerns in developing this area for a variety of uses is the need to maintain a balance among the various employment opportunities that the Business Park designation affords. The goal is to create an environment where a broad range of employment opportunities are available. To achieve this goal, commercial development must be limited to uses intended to services the business use and should be limited to 10% of the total planning area; big box uses should be prohibited. 2. Due to the electrical demands of the many business and technical park uses, the planning area should identify a site for an electrical substation. If a substation is not sited early in the development of the area, it is likely the intent of this planning area to function as a technical park will be limited. 3. To achieve this goal, commercial development must consist of larger corporate /employment uses, with ancillary support uses comprising no more than 10% of the total planning area; big boxes should be prohibited. 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. • Local streets serve to provide direct access to the abutting properties, individual homes or small traffic generators. On- street parking is typically permitted. 8.2.1 Principal Arterial Mobility Function: The primary function of a principal arterial is to provide major circulation and movement through urban areas and to connect with major activity centers and freeways. A principal arterial may serve motorized and non - motorized transportation needs and may include up to seven vehicular traffic lanes. On- street parking is prohibited. Access Function: Access from other roadways is controlled and subordinate to traffic on the principal arterial street. Direct lot access is prohibited or severely restricted. Page 21 of 75 KAPlanning DeptTagle Applications \SUBS\2015\StWwater Sub pzEdoc 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. 8.2.5 Residential Collectors Mobility Function: The primary function of a residential collector street is to intercept traffic from local streets and minor numbers of abutting parcels and carry the traffic to a collector or arterial street. A secondary function is to service abutting property. The ACHD allowed length and number of vehicle trips per day on residential collectors is less than collectors. The residential collector street may serve motorized and non - motorized transportation needs, and be designed with the minimum street section to accommodate the projected vehicle volume. On- street parking may be prohibited. Access Function: To provide limited and controlled access to residential neighborhoods. Direct lot access is typically restricted. Right -of -Way: As shall be determined by the Highway District having jurisdiction with recommendations by the City and seriously considered by the Highway District. 8.2.6 Local Roadways Mobility Function: The primary function of a local street is to serve abutting property. Local streets are to be designed to allow on- street parking and discourage continuous or unobstructed flow of traffic through residential neighborhoods. Access Function: To normally provide abutting properties with unrestricted access to the local street unless the street is a local commercial street, in which case access restrictions may apply. Right -of -Way: As shall be determined by the Highway District having jurisdiction with recommendations by the City and seriously considered by the Highway District. 4. Goals A. Roadway System Goals 1. Develop a transportation system to serve the planned land uses of the City of Eagle and its Area of Impact. The transportation system should provide regional connectivity to neighboring cities and regions. 2. Maintain the functional and connectivity of the street system for current users, emergency response efforts, and for use by future generations. 3. Using sound land use and transportation relationships, develop alternate routes or corridors for ACHD planners to evaluate that best emphasize the needs of Page 22 of 75 KAPlanning DeptTagle AppGcations\SUBS\20I5\StWwater Sub pzf.doc developing areas while lessening the potential for congestion. This is typically implemented through the development review process. 4. Protect and buffer homes, businesses, sidewalks and pathways, parks and opens spaces from the adverse impacts of roadways and traffic. Reasonable design measures should include narrower street sections, medians, alleys, landscaping, pathways and trails, and the design of bridges and other structures. 5. Develop an access management plan for the arterial, collector and local street system. Communicate the access management plan to the TTD, the ACHD and the local development community. 10. Protect and support the existing and planned roadway system connecting the City of Eagle to the area south of the Boise River. Protect the operational integrity of the existing river crossings at Eagle Road and Linder Road. Support the current regional plans to develop two new river crossings in the SH -55 and SH -16 alignments. 12. Protect community identity and values of important roads from unnecessary expansion by adopting specific designs and cross sections for these roads (ie: North Eagle Road). C. Pathway System Goals 1. Encourage the development of a local and regional pathway system. The design of the pathway system should be coordinated with other elements of the City's Comprehensive Plan. The pathway system is to provide basic mobility for some and a non -drive alone mode for everyone. 2. Work regionally to integrate the pathway system with the ongoing planning and design efforts for the SH -44, SH -16, SH -55 and US 20 -26 corridors. 3. Support the concept and goals of demand management strategies, such as telecommuting, ride - sharing, park- and -ride facilities, etc. to reduce overall travel demand. 8.5 Objectives A. Encourage completion of the existing street system and creation of new links, within reasonable constraints, as the transportation system develops. B. Encourage the preservation of right -of -way for future grade - separated intersections where appropriate within the SH -44, SH -55, US 20 -26 and SH -16 corridors. C. Maintain a land use decision - making process that is supportive of the operational characteristics identified in the most recent Regional Transportation Plan for Ada County of record, and which is protective of living environments along streets. Balance the regional need for connectivity with the local needs of accessibility. D. Ensure that corridor planning, roadway route selection and other transportation system development consider the impact on the development potential of adjacent and under- developed lands. E. Promote land use policies that limit access as necessary to maintain safe and efficient operation of the existing street system while allowing reasonable access to individual development parcels. Page 23 of 75 KAPlanning Dept\Eagle Applications \SUBS\2015\Sti0water Sub pzf doc F. Maintain safe and comfortable neighborhoods by minimizing speeding and cut - through traffic while avoiding cul -de -sac streets that isolate individual neighborhoods. G. Coordinate with the Community Planning Association (COMPASS), Ada County Highway District (ACRD), Valley Regional Transit (VRT), and the Idaho Transportation Department (ITD) to ensure consistency between transportation system improvements and the land use plans and decisions of the City of Eagle and surrounding city and county governments. 8.6 Implementation Strategies 8.6.1 Roadway Strategies A. Work in conjunction with the Ada County Highway District (ACHD), Idaho Transportation Department (ITD), and Community Planning Association (COMPASS) to classify roadways on the City of Eagle Transportation/Pathway Network Maps #1, #2, #3 incorporated into this Comprehensive Plan by reference. The Maps are to assure conformity to designations as delineated on the Land Use Map. The maps shall be provided to the Community Planning Association for input into the Community Planning Association's Functional Street Classification Map and Regional Transportation Plan. C. The most recently adopted Regional Transportation Plan for Ada County of record is adopted by reference as part of the City of Eagle Comprehensive Plan. F. Integrate all modes of travel to reduce travel and support air quality improvement measures. G. Encourage roadway design standards and roadway classifications that are consistent with the Idaho Transportation Department (ITD), Ada County Highway District (ACRD), Community Planning Association COMPASS, and other agencies that may be responsible for roadway planning and design. I. Evaluate the impact to the City of all roadway improvements and roadway extensions. K. Work regionally to integrate the pathway system with the ongoing planning and design efforts for the SH -44, SH -16, SH -55 and US 20 -26 corridors 8.62 Specific Design Strategies A. Encourage sidewalks that are separated from the curb on all streets, except for areas where Eagle City Code requires sidewalks to abut the curb and where existing buildings, inordinate environmental impacts, or other impacts make setting the sidewalk back infeasible. Meandering sidewalks should be required if permitted under the Americans with Disabilities Act (ADA) and where space permits. A planter strip of sufficient width for street trees between the sidewalk and roadway should be required. Where adequate facilities exist, efforts should be made to provide a canopy effect over the roadways. The type of street trees used should be those that have root systems that have proven to not cause sidewalk or curb damage when in close proximity to such improvements. Root barriers should be required. Page 24 of 75 KAPlanning Dept\Eagle Applications \SUBS \20IAStillwater Sub pzEdoc C. Support the access restriction policies of the Ada County Highway District and the Idaho Transportation Department at a minimum. The access restrictions shall be based upon the most stringent future use of the roadway. Temporary accesses may be considered in areas with a developing regional roadway network. D. Limit access to all arterial streets. E. Discourage direct lot access to parcels abutting arterial and collector streets. G. Develop methods, such as cross - access agreements, frontage and backage roads, to reduce the number of existing access points onto arterial streets. J. Encourage planning of local roadway systems that will provide for intra- neighborhood connectivity. The connecting roadways should be designed to not become collectors and to discourage traffic from cutting through neighborhoods to go from a collector or arterial to another collector or arterial. Such intra- neighborhood connectivity is for emergency and delivery vehicles and for local intra - neighborhood access. L. Work with Ada County Highway District, local developers and neighborhoods in the operation of a local traffic- calming policy that balances the needs of the roadway, the drivers, pedestrians, bicyclists, and the traveling public. 8.6.3 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. B. Encourage the provision of equestrian, pedestrian and bicycle safety and comfort with enhanced pedestrian crossings of the State Highways (Highway 44 and Highway 55). Pedestrian/bicycle overpass or underpass crossings should be considered. Also, at grade intersection enhancements, such as Page 25 of 75 KAPlanning DeptTagle Applications \SUBS\2015\Stillwatcr Sub pzfdoc landscaping, crosswalk pavers and signage, for pedestrian/bicycle safety and comfort, should be considered. 8.6.5 Land Use and Parking Strategies E. Establish and require minimum setbacks between developments and roadways and to encourage installation of berms and landscaping for all developments to enhance safety, provide noise attenuation and to enrich the roadway or community appearance. Special considerations may be required for Foothills developments. F. Establish a system to review the cumulative effect of the impacts to the transportation system from development. G. When reviewing land use amendments, zone changes, master plans, conditional uses and other significant entitlement requests, take into consideration the impact of the project on street levels of service. The City's preferred standards shall be those identified for new streets in ACHD's Development Policy manual, or its successor. Service level impacts shall be minimized through project modifications, traffic management plans, street improvement plans or other means. K. All new developments shall be reviewed for appropriate opportunities to connect to local roads and collectors in adjacent developments. L. New developments shall be required to stub access to adjacent underdeveloped parcels, where appropriate. Chapter 9 — Parks, Recreation and Open Spaces 9.3 Future Conditions As the City of Eagle grows, new parks and facilities will be needed to meet the recreation needs of the community. There will be a demand for more parkland including pathways, practice fields and ball fields as well as a skateboard park. The completion of Reid Merrill Sr. Park, Ada County Sports Park and the new entrance to Eagle Island State Park may meet current needs. Land acquisition for future park sites and pathways is vital in order to develop land for pathways and neighborhood parks. There will also be a need for indoor facilities and recreation programs. One cost effective method available to the City is to pursue joint venture development and use opportunities with the school district. The City of Eagle values its river, creeks, canals, and foothills. Opportunities for the City include maintaining drainage and canal corridors and rights -of -way to establish a pathway system. New development projects will provide for pathway circulation in accordance with adopted local and regional pathway plans. A Pathways Committee would review development proposals to ensure pathways continuity. Maintaining these corridors will add community identity and ensure the quality of recreation in Eagle. These areas are the habitat of a variety of species (e.g., fish, eagle, etc.) and play an important role in the community's ecology. 9.4 Parks 9.4.1 Goal A. To create ample areas and facilities for our residents' diverse indoor and outdoor park and recreational interests. Page 26 of 75 KAPlanning Dept\Eagle Applications\SUBS \2015\StIDwater Sub pzf doc 9.4.2 Objectives A. To develop parks and recreational programs which meet the different needs, interests, and age levels of our residents in both the rural and urban areas. B. To plan and design parks for sustainability and conservation of natural resources. C. To provide a system of neighborhood parks where safe and convenient access is available to residents. D. Provide a system of interconnected parks, trails and open spaces throughout the City. E. To dedicate and develop areas for parks in new residential developments. 9.4.3 Policies A. Acquire land for future parks in neighborhood and community settings at a rate that meets or exceeds the national standards. B. Seek innovative funding sources for acquisition, planning, design, construction, and maintenance of parks. C. Ensure all City parks are managed and maintained in a cost effective manner for the enjoyment of the public. 9.4.4 Implementation Strategies A. Develop policy to preserve, in perpetuity, established parks and land acquired for parks. E. Aggressively explore public /private or intergovernmental agreements to assist in park acquisition, development, and recreational opportunities. G. Create an ordinance that requires developers to dedicate and establish parks in new developments. 9.5 Pathways and Greenbelts Pathways are non - motorized multi -use paths that are separate features from bicycle and pedestrian lanes constructed as a part of a roadway. Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the Boise River and Dry Creek) and are designed to prevent undesirable encroachment. Greenbelts may include pathways and/or bike lanes. 9.5.1 Goal A. To create a pathway system that provides interconnectivity of schools, neighborhoods, public buildings, businesses, and parks and special sites. 9.5.2 Objectives A. To create a pathway system that reflects desire to have a pedestrian and bicycle friendly community. B. To provide a network of central and neighborhood paths where residents are able to safely access and utilize pathways for alternative forms of transportation. Page 27 of 75 K:\Planning Dept\Eagle AppGcationASUBSUOMStillwater Sub pzfdoc E. Require all development to provide developed pathways for connection to Eagle's public pathway system and/or adjoining development's public pathway system. J. Identify connections between trail sections and existing and future parks and open spaces. O. Provide separate and safe pathway crossings for Highways 55 and 44 at key pathway intersections. 9.5.3 Implementation Strategies A. Create ordinances that require developments to provide improved pathway systems with links to adjoining pathway systems, parks, and open spaces. 9.6 Open Space Open space is land which is not used for buildings or structures and offers opportunities for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism, leisure activities, viewpoints, and wildlife habitat. 9.6.1 Goal A. To provide wherever possible open space and natural features such as natural river frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways, drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and viewpoints for public use and enjoyment. 9.6.2 Objectives A. To establish open space to protect the finite resource base of Eagle's natural environment - air, ground water, surface water, soil, forested areas, plant and wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and wetlands. B. To provide an open space setting for active and passive recreation for all age groups throughout the community. 9.6.3 Policies A. To encourage cluster development within the City limits so as to retain open space in perpetuity. Cluster developments located outside the City limits but within the Impact Area shall be prohibited. B. To encourage the City to develop working relationships with other agencies /entities to establish and protect open space. 9.6.4 Implementation Strategies A. Require developers to utilize open space for above - ground, on -site storm water management (i.e., grassy swales, constructed wetlands, and water features). B. Explore public /private or intergovernmental agreements to set aside and protect open space (i.e., land trusts, conservation easements, and memorandums of understanding). C. Create an ordinance that requires developers to include set asides for open space. Page 28 of 75 KAPlanning DeptTagle Applications\SUBSUOMStUlwater Sub pzf.doc D. Establish guidelines for open space set asides. E. Develop a comprehensive beautification plan that includes but is not limited to open space such as road rights -of -way, abandoned road segments, and City entryways. F. Develop a storm water management plan to include utilization of onsite open space for storm water management features. G. Create an ordinance that requires developers to dedicate and establish open space /parks in new developments. Encourage developers to identify and preserve wildlife mitigation corridors. Chapter 10 — Housing 10.1 Background The Eagle area is transitioning from primarily agricultural land uses to residential and commercial land uses. Eagle's quiet charm and agricultural roots have made the community a mecca for those seeking larger lots for open space and gentleman farming. Over the last years much of the agricultural land has been divided into a variety of parcel sizes which are highly sought after by many urban residents. Density options that reconcile quality of life and costs of services issues must be balanced and will require compromise by all parties. 10.2 Goal A. Encourage a variety of housing so that all residents can choose sound, affordable homes that meet individual needs. 10.3 Implementation Strategies A. Encourage a wide diversity of housing types and choice between ownership and rental dwelling units so that adequate, affordable housing is available for all income groups. B. Coordinate the location of all housing with the ability to be served by adequate public facilities and services. Chapter 12 — Community Design 12.1 Vision Over the next 20 years, the City of Eagle is forecasted to experience high growth rates that without proper management and planning will impact the quality of life and housing options available to its residents. Rather than ignore the growth pressures that are currently shaping most Treasure Valley communities, the City of Eagle is looking at options that will embrace housing alternatives and transit density but will also preserve the rural nature of the City. 12.2 Goals A. Protecting the City's character: Strive to create an aesthetically pleasing community and protect the unique natural beauty and small town character of the City. B. Maintaining a functioning City at build out: Ensure that the City can continue to fund, improve and support itself, including its infrastructure and parks, at build -out when building permit fees, impact fees and zoning fees are no longer available. C. Preserving Regional Transportation Corridors (State Highway 55, 20/26, 16 & 44): Preserve the function of regionally significant roadways through the City while ensuring compatibility with land uses and design standards of the City. Page 29 of 75 KAPlanning Dept\Eagle Applications \SUBS \20I5\Stillwater Sub pzf.doc D. Identifying "Activity Centers ": Identify areas that, due to the nature of existing uses, future uses and/or transportation corridors, will lend themselves to increased activity and non - residential use and will therefore allow the City to preserve larger areas as primarily residential neighborhoods. 12.3 Objectives A. Enhance the appearance of the City's entry corridors. Design review procedures should guide future development and redevelopment of existing uses. Depending on land uses and buildings, more extensive landscaping and fewer points of access may be required. The design review process will enable the City to address the special features of each property and facility in a manner that will best address the overall intent of enhancing Eagle's entryways. Eagle's entrance corridors may take on the look of landscaped berms like those built adjacent to the Banbury and Lexington Hills Subdivisions. C. Provide residents of the City of Eagle and the Area of City impact with opportunities to seek housing in a neighborhood of their choice. D. Create a clearly identifiable community. 12.4 Implementation Strategies A. Establish and maintain development patterns and design criteria in keeping with the rural transitional identity of Eagle. B. Include in the City Design Review Ordinance criteria for building design, landscaping, signage and other aesthetic standards. Development along State Street within the Impact Area and outside the City limits shall be encouraged to comply with the Design Review Ordinance. J. Require new residential, commercial, and industrial development to meet minimum design standards as specified by City Ordinances. L. Develop buffer and transition zones between conflicting types of land use. Q. Encourage the development of pathways and open -space corridors throughout the City. V. Maintain the rural residential character and open space environment n and around the City. HH. Provide a variety of housing opportunities ranging from large lot residential to multi- family apartment uses. U. 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. Page 30 of 75 KAPlanning Dept\Eaglc Applications \SUBS \2015\Stillwater Sub pztdoc Illustration 12.1 Berming along Eagle Road (State Highway 55) KK. Recognize the following gateways: 6. Chinden Boulevard and Linder Road Chapter 13 - Implementation 13.5 Comprehensive Plan Amendments From time to time, changing conditions will result in the need for comprehensive plan amendments. The Land Use Planning Act provides for amendment to the Comprehensive Plan. The City Council or any group or person may petition the City Planning and Zoning Commission for a plan amendment at any time. On its own initiative, the City Planning and Zoning Commission may originate an amendment to the Comprehensive Plan. However, the City Planning and Zoning Commission may recommend amendments to the Comprehensive Plan to the City Council not more frequently than every six (6) months; however text amendments may be recommended at any time. 13.6 Goal A. The Eagle Comprehensive Plan and related ordinances are working documents used by citizens and City leaders to shape the future of Eagle. 13.7 Implementation Strategies A. Update the zoning and subdivision ordinances to be in conformance with the adopted Comprehensive Plan as required by state law. B. Charge the Planning and Zoning Commission to be responsible to review the status of the implementation actions and critique the relevance of the Comprehensive Plan, including recommending any amendments to City Council on an as- needed basis. C. Require any person applying for a Comprehensive Plan amendment to submit a justification letter for the amendment which letter shall include the following: 1. A specific description of the change being requested. 2. Specific information on any property involved. A description of the condition or situation which warrants a change being made in the Plan. Page 31 of 75 K Tlanning DeptTagle AppticatiorLASUBSUOMStillwater Sub pzf.doc 4. A description of the public benefit(s) that would occur from such a change in the Plan and an explanation of why the public would need any such benefit(s). 5. An explanation of why no other solutions to the condition or situation which warrants a change in the Plan are possible or reasonable under the current policies of the Plan. 6. A proposed development plan for any land involved if a specific development is planned at the time the request for the amendment is being made. 7. An analysis showing the estimated impact that the proposed change is expected to have on existing and planned infrastructure. 8. Any other data and information required by the City for the evaluation of the request. Definitions: Commercial Neighborhood Commercial A moderate sized shopping area that features a grocery store but may also include a drug store or variety of services such as stationary, clothes, restaurants, dry cleaners, real Estates, gardening and other similar uses. A neighborhood commercial area may have a total of 15,000 to 30,000 square feet but no single buildings in excess of 25,000 square feet. Internal Circulation The movement of traffic into and out of properties and local roadway systems without the need to enter onto arterials and regional roadway networks. Live/Work Housing that is based on the traditional downtown living arrangement - shopkeepers operated their businesses on the lower levels of a building while living in apartments above. Best for destination businesses or for offices with modest numbers of visitors such as: salons, insurance agencies, and other professional services. Pedestrian Friendly/Pedestrian Oriented The extent to which the built environment is friendly to the presence of people living, shopping, visiting, enjoying, or spending time in an area. Factors affecting pedestrian friendliness include, but are not limited to: land use mix; street connectivity; residential density (residential units per area of residential use); "transparency" which includes amount of glass in windows and doors, as well as orientation and proximity of homes and buildings to watch over the street; plenty of places to go to near the majority of homes; place making, street designs that work for people, not just cars and retail floor area ratio. Walkability is often interchanged with pedestrian friendly. Professional Office Uses providing for administration, professional services, and associated activities. These uses often invite public clientele but are more limited in external effects than commercial uses. Page 32 of 75 KAPlanning Dept\Eagle Applications \SUBS \201AStillwater Sub pz[.doc Regional Transportation Corridors Roadways that link communities across the region; normally these are state highways and major arterials but may include minor arterials in rural areas. Strip Commercial A variety of unrelated retail, service and fast food use located at mid block, oriented to take advantage of passing automobile traffic. Connectivity between strip commercial is usually poor, and each use will tend to have its own curb cut onto the arterial. Shared/joint Access Connecting neighboring properties and consolidating driveways so they serve more than one property; allowing vehicles to circulate between adjacent businesses without having to re -enter the road. Shared/joint Parking A parking lot/structure located between or shared by two properties to meet parking requires of the Code. In some cases a joint lot/garage can be located on a separate parcel of land with joint or public ownership. Transitional Density The shifting of density within a development to allow compatibility with existing uses adjacent to or within a site. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 8 -1 -2: Rules and Definitions: ARTS AND CRAFTS SHOWS (OUTDOOR): Display and sale of painting, sculpture, handicrafts and similar objects. AUTOMOTIVE FUEL ISLANDS: A retail fuel sales facility typically including a small kiosk building covered by a canopy. AUTOMOTIVE GAS STATION /SERVICE SHOP: Buildings and premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail and where, in addition, the following services may be rendered and sales made: A. Sales and service of spark plugs, batteries and distributors' parts; B. Tire servicing and repair, but not recapping or regrooving; C. Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floormats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors and the like; D. Radiator cleaning and flushing; E. Washing, polishing and sale of washing and polishing materials; F. Greasing and lubrication; G. Providing and repairing fuel pumps, oil pumps, lines; H. Minor servicing and repair of carburetors; I. Adjusting and repairing brakes; J. Minor motor adjustment not involving removal of the head or crankcase or racing the motor; Page 33 of 75 KAPlanning Dept\Eagle AppGcationASUBSUOMStiltwater Sub pzf.doc K. Sales of cold drinks, packaged food, tobacco and similar convenience goods for service station customers, as accessory and incidental to principal operations; L. Provisions of road maps and other informational materials to customers and provision of restroom facilities; and M. Warranty maintenance and safety inspections. Uses permissible at an automotive gas station/service shop do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found at an automotive gas station/service shop. An automotive gas station/service shop is not a repair garage nor a body shop. AUTOMOTIVE WASHING FACILITY: An establishment or area that provides facilities for washing and cleaning vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and that may employ some hand labor. The facility may include vacuums and drying areas as accessory uses. BAR: An establishment for which a license under title 3, chapter 2, articles A, B, and/or C of this code is required where the principal business is the sale and consumption of alcoholic beverages on the premises, but not including bars within restaurants. CHILDCARE FACILITY: Any facility where children regularly receive care and supervision, usually unaccompanied by the children's parents, guardians or custodians, and regardless of whether the facility does or does not provide any instruction. This use excludes the case of: a) the operator's children or legal wards or children related by blood or marriage, b) occasional personal guests, and c) children aged twelve (12) years and over. Any home, place, or facility providing overnight custodial services for lodging or boarding for the occupants therein shall not be considered a childcare facility. There are three (3) types of childcare facilities: A. Family daycare home: A childcare facility for six (6) or fewer children. Babysitting services are an accessory use to residential uses. B. Group daycare facility: A childcare facility for seven (7) to twelve (12) children. C. Daycare center: A childcare facility for thirteen (13) or more children. COMMERCIAL ENTERTAINMENT FACILITIES: An establishment which is generally related to the entertainment field, the principal business of which is not the sale of alcoholic beverages. CONVENIENCE STORE: Retail sales of food, beverages and small convenience items typically found in establishments with long or late hours of operation. DWELLING, MULTI - FAMILY: A dwelling consisting of three (3) or more dwelling units including townhouses and condominiums with varying arrangements of entrances and party walls. Multi - family housing may include public housing. DWELLING, SINGLE - FAMILY: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space. This classification includes manufactured homes and any home in which eight (8) or fewer supervised unrelated mentally and/or physically handicapped or elderly persons reside. EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property. Page 34 of 75 KA\Planning DeptTagle Applications \SUBS \2015\Stillwater Sub p 1doc LAUNDRY: A. With No Drive -Up Service: A business which launders and dry cleans clothing and other fabric articles in bulk. B. With Drive -Up Service: Institutions providing services accessible to persons who remain in their automobiles. Drive -up service is classified separately because it is not appropriate at all locations. MICROBREWERY: A small brewery, generally producing fewer than ten thousand (10,000) barrels of beer and ale a year and frequently selling its products on the premises. Also called boutique brewery, brewpub. Tasting rooms for the consumption of on site produced beer is permitted on the premises. RESTAURANT WITH DRIVE - THROUGH: A restaurant, typically with indoor seating, which includes drive -up window service for ordering food to go. RETAIL SALES: A. General: The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores, video stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, art antiques, art supplies and services, paint and wallpaper, carpeting and floor coverings, office supplies, bicycles, and new automotive parts and accessories (excluding services and installation). B. Limited: Excludes furniture, hardware, paint and wallpaper, carpeting and floorcovering, new automotive parts and accessories and similar uses. C. Pharmacies and Medical: Establishments primarily selling prescription drugs, and medical supplies and equipment. WINERY: An establishment for the manufacture or bottling of wine. A winery may include, but is not limited to, the following: a tasting room, barrel rooms, bottling rooms, tank rooms, laboratories, sale of wine, processing structure, and offices. • Eagle City Code, Section 8 -2 -1: Schedule of District Use Regulations: Single - family and multi- family dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning designation. • Eagle City Code, Section 8 -2 -1 Districts Established Purposes And Restrictions: The following zoning districts are hereby established. For the interpretation of this title the zoning districts have been formulated to realize the general purposes as set forth in this title. In addition, the specific purpose of each zoning district shall be as follows: MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office, limited commercial, and residential. This district is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure assemblage of properties in a unified plan with coordinated and harmonious development which shall promote outstanding design without unsightly and unsafe strip commercial development. Uses should complement the uses allowed within the CBD zoning district. All development requiring a conditional use permit in the MU zoning district, as shown in section 8 -2 -3 of this chapter, shall occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of this title unless the proposed development does not meet the area requirements as set forth in section 8 -6 -5 -1 of this title. In that case a cooperative development, in conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed use is shown as a permitted use in the Page 35 of 75 KAPlanning Dept\Eagle AppUcationASUBSUOIASt1water Sub pzEdoc MU zoning district within section 8 -2 -3 of this chapter. Residential densities shall not exceed ten (10) dwelling units per gross acre. When a property is being proposed for rezone to the MU zoning district a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the city council provided the development agreement includes conditions of development that are required during the PUD and conditional use process. • Eagle City Code, Section 8 -2 -3 Schedule of District Use Regulations: Residential dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning designation. Restaurant (with drive - through) is a prohibited use in the MU (Mixed Use) zoning district. Eagle City Code, Section 8 -2 -4 Schedule of Building Height and Lot Area Regulations for the MU (Mixed Use) zone: Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum District Height Side Side Lot Lot Area Lot Covered (Acres Or Sq. Width I* Ft.) G And H* MU 35' 20' 20' 7.5' 20' 15,000 50' 8- 2 -4(G): A decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same square footage in open space and a planned unit development is applied for and approved. • Eagle City Code Section 8 -2A -7: (J) Buffer Areas /Common Lots: 1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically separate and visually screen adjacent land uses which are not fully compatible due to differing facilities, activities, or different intensities of use, such as townhouses and a convenience store, or a high volume roadway and residential dwellings. 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi - family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming /fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: Page 36 of 75 KAPlanning Dept\Eagle Applications \SUBS\20I5\Stillwaler Sub pA.doc a. Any road designated as an urban or rural collector on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering /ornamental trees, provided that not more than fifty percent (50 %) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code, Section 8 -2A -8: Sign Regulations: B: Definitions: If conflict arises between any definition in this section and any other definition within this title, the definition with the more specific and/or more restrictive definition shall control. Any other words or phrases not specifically defined shall be interpreted to give this article its most reasonable application. POLE SIGN: A freestanding sign that is supported by one or more poles that are not enclosed as in a monument sign structure. C. Provisions And Requirements: 9. Prohibited Signs: The following signs and attention attracting devices shall be prohibited within the entire city, except as may otherwise be specifically stated within this subsection. The signs and other attention attracting devices prohibited herein are subject to removal by the city at the owner's or user's expense: a. Pole signs. • Eagle City Code, Section 8 -6 -2: Effects of Other Zoning Provisions: A. Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this title, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this title. • Eagle City Code, Section 8 -6 -4: Uses Permitted: All uses that may be allowed within the land use district are permitted within a PUD. Also, up to ten percent (10 %) of the gross land area may be directed to other commercial, office, public and quasi - public uses that are not allowed within the land use district; provided, that there is a favorable finding by the council: A. That the uses are appropriate with the residential uses; B. That the uses are intended to serve principally the residents of the PUD; C. That the uses are planned as an integral part of the PUD; Page 37 of 75 KAPlanning Dept\Eagle Applications \SUBS\2015\Stillwater Sub pd..doc D. That the uses be located and so designed as to provide direct access to a collector or an arterial street without creating congestion or traffic hazards; and E. That a minimum of fifty percent (50 %) of the residential development occurs prior to the development of the related commercial or office land uses. • Eagle City Code, Section 8 -7 -3 -3 Public Sites and Open Spaces: B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development. C. Special Developments: In the case of planned unit developments and large scale developments, the council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9- 3- 2 -1(J): Driveways: Driveways providing access to no more than two (2) dwelling units shall be allowed within any subdivision. • Eagle City Code Section, 9 -3 -5: Lots: A. Zoning: Lots within any subdivision shall comply in all respects with the official height and area regulations as set forth in section 8 -2 -4 of this code, except that lot sizes that vary from the standards within section 8 -2 -4 of this code may be considered as part of the planned unit development. • Eagle City Code Section 9 -3 -6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the city council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. • Eagle City Code Section 9 -3 -7: Planting Strips and Reserve Strips: Planting strips and reserve strips shall conform to the following standards: A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties and to provide noise mitigation for those residents. Such planting strips/buffer areas shall be a minimum of twenty feet (20') wide unless a greater width is required within section 8 -2A -7 of this code. The landscape strip/buffer area shall not be a part of the normal street right of way and shall comply with all landscape/buffer area requirements within section 8 -2A -7 of this code. Page 38 of 75 KAPIanning DeptTagle Applications\SUBSUOMStillwater Sub pzf doc • Eagle City Code Section 9 -3 -8: Public Sites and Open Spaces: Public sites and open spaces shall conform to the following standards: C. Special Development: In the case of planned unit developments and large scale developments, the city council may require sufficient public and/or private park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. • Eagle City Code, Section 9- 4 -1 -6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: D. Pathway Design: While the city may exercise considerable discretion in determining the design of pathways, the following minimum standards shall be followed: 1. The paved portion of the pathway may range from six feet (6) to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum eight feet (8') wide and shall be located within a sixteen foot (16) wide pedestrian access easement, however, in an area where low volume pedestrian traffic is anticipated, the council may consider a reduction in pathway width to six feet (6). Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. A five foot (5') wide landscaped area/building and fence setback, as measured from both edges of the paved path, shall be required, and will be owned by either the abutting property owner(s) or a homeowners' association unless accepted by a public entity. The five foot (5') wide landscaped area on either side of the pathway may be decreased to a minimum of two feet (2') wide (as measured from the edge of asphalt to the easement line) when used in conjunction with a meandering pathway, however, the total width of the landscape area shall not be less than ten feet (10') (i.e., 2 feet on one side of the path and 8 feet on the other). For safety purposes, planting material in this area is limited to three feet (3') in height. The landscape, fence and building regulations for this area shall be indicated by a note on the plat. F. Sidewalk Design: Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street; except, that where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'), sidewalks on only one side of the street may be allowed. 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County highway district. 3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot (8') wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with three inch (3") minimum caliper shade class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with section 8 -2A -7 of this code. The area within the eight foot (8') wide landscape strip may be counted toward the minimum required common area open space. 4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor variations to the location of a tree may be considered by the design review board during the review of the subdivision landscape plan. Page 39 of 75 KAPlanning Dept\Eagle Applications\SUBS\2015\Stillwater Sub pddoc • Eagle City Code Section 9- 4 -1 -8: Underground Utilities: Underground utilities are required. • Eagle City Code, Section 9 -5 -5: Large Scale Development Subdivision; Required Information Large scale development subdivisions proposed within the R -2, R -3, R -4, and MU zoning districts shall be submitted as planned unit developments. Due to the impact that a large scale development would have on public utilities and services, the developer shall submit the following information along with the preliminary plat: A. Identification of all public services that would be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection; B. Estimate of the public service costs to provide adequate service to the development; C. Estimate of the tax revenue that will be generated from the development; and D. Suggested public means of financing the services for the development if the cost for the public services would not be offset by tax revenue received from the development. • Eagle City Code, Section 9 -5 -7: Subdivision Within A Floodplain: In addition to the provisions of this title, any subdivision within the designated floodplain of the city shall comply with all applicable provisions of the floodplain regulations of the city as now in effect or as may hereafter be amended- D. FLOOD CONTROL ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 10 -1 -1: Findings of Fact and Purpose: B. Purpose: It is the purpose of this title to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: 1. To protect human life and health; 2. To minimize expenditure of public money for costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; 6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. To ensure that potential buyers are notified that property is in an area of special flood hazard, warn that city review and approval is not going to prevent flooding and that flooding may occur, and advise of information available to the city regarding flood hazards, studies and available options; 8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; Page 40 of 75 KAPlanning DeptTagle Applications \SUBS\20I5\Stillwater Sub pzf.doc 10. To restrict or prohibit uses which are injurious to health, safety or property in times of flood, which result in environmental damage, or that cause increased flood heights or velocities; 11. To minimize the impact of development adjacent to waterways on adjacent properties upstream, downstream and across waterways; 12. To review development plans for property adjacent to waterways to minimize the obstruction of the conveyance of floodwaters, review drainage /obstructions to flood carrying capacity, and guide development adjacent to waterways toward the most appropriate building envelope for its particular site; 13. To carry out the provisions of the comprehensive plan as well as health, safety and welfare with regard to properties adjacent to waterways; 14. To review landscaping and access for flood carrying capacity and preservation or enhancement of riparian vegetation; 15. To allow the river and creeks and their adjacent lands to convey floodwaters to minimize property damage; 16. To regulate uses in the floodplain for the purpose of preserving, protecting, and enhancing the abundance and diversity of fish, wildlife and riparian resources; and 17. To protect, preserve and enhance the waterways and floodplains as a recreation resource. • Eagle City Code, Section 10 -1 -2: Methods of Accomplishing Purpose: In order to accomplish its purpose, this chapter includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; • Eagle City Code, Section 10 -1 -5: Rules and Definitions: AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain subject to one percent (1 %) or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. Areas of special flood hazard shall include all areas previously identified within the areas of special flood hazard (ASFH) that have been excluded from the ASFH by a letter of map revision (LOMR -F). FLOODWAY: The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1'). MEAN HIGH WATER MARK: A water level corresponding to the natural or ordinary high water mark and is the line which the water impresses on the soil by covering it for sufficient periods of time to deprive the soil of its terrestrial vegetation and destroy its value for commonly accepted agricultural purposes. The current mean high water mark is at a flow of six thousand five hundred (6,500) cubic feet per second (cfs) along the Boise River. Tributary waters within the city of Eagle will reference specific data establishing the water level. The mean high water mark is established by the U.S. army corps of engineers. NO ADVERSE IMPACT: Floodplain management where the action of one property owner does not adversely impact public property or other private property, as measured by increased flood peaks, flood stage, flood velocity, and erosion and sedimentation. No adverse impact floodplain management is a policy which provides a means to promote the use of retention/detention or other Page 41 of 75 KAPlanning Dept\Eagle Applications \SUBS\2015\Stillwater Sub pddoc techniques to mitigate increased runoff from urban areas. RIPARIAN ZONE: That area along the banks of any waterway twenty five feet (25') in width measured landward from the mean high water mark. i Eagle City Code, Section 10- 1 -8 -2: General Building Requirements: E. Postconstruction Elevation Certificate: Prior to issuance of a certificate of occupancy, a postconstruction elevation certificate (FEMA form 81 -31) referencing land and structures included or removed from the area of special flood hazard is required. All lots and structures removed from the area of special flood hazard by letter of map change require certification by a registered professional engineer demonstrating that the lot or structure is "reasonably safe from flooding ", as defined in section 10 -1 -5 of this chapter. The elevation certificate must verify the elevation of the lowest floor or lowest adjacent grade to be one foot (1') above base flood elevation. • Eagle City Code, Section 10- 1 -8 -5: Subdivisions: A. All subdivision proposals shall be consistent with the need to minimize flood damage; B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and D. Base flood elevation data shall be provided for subdivision proposals and other proposed development located within any area of special flood hazard. (Ord. 332, 2 -23 -1999; and. Ord. 700A, 3 -11 -2014) E. All subdivision plats shall identify and designate the 100 -year floodplain boundary and the floodway boundary including a certification by a registered surveyor that the boundaries were established consistent with the FIRM map for the city of Eagle. All subdivision plats shall contain a note or notes that warn prospective buyers of property that sheet flooding can and will occur and that floods of greater magnitude may inundate areas outside identified floodway and floodplain boundary lines. F. All subdivision plats shall contain note(s) that refer to the required twenty five foot (25) setback from all waterways, called the riparian zone, in which no improvement is permitted and require that riparian vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank and that removal of trees or other vegetation is regulated. • Eagle City Code, Section 10- 1 -8 -6: Specific Standards: In all cases of special flood hazard where base flood elevation data has been provided as set forth in section 10 -1 -6 of this chapter, the provisions of this chapter shall be required: D. Floodways: Located within areas of special flood hazard established in section 10 -1 -6 of this chapter, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectile and erosion potential, the following provisions apply: (Ord. 332, 2 -23 -1999, and Ord. 700A, 3 -11 -2014) 1. Encroachments, including fill, new construction, substantial improvements and other development, are prohibited unless an approved floodplain development permit is issued demonstrating that encroachments shall not result in any adverse impacts during the occurrence of the base flood. Page 42 of 75 KAPlanning Dept\Eagle Applications\SUBSUOIASUwater Sub pzf.doc 2. Encroachments, including fill, new construction, substantial improvements and other development are prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; and uses within the floodway shall be restricted to those which are required by public necessity (for example, bridges; water pumps), recreational use (for example, paths), wildlife habitat improvements (for example, vegetation; nesting structures; pool/riffle improvements), and gravel extraction; provided that the use /encroachment meets the approval of the federal emergency management agency and national flood insurance program and does not jeopardize the city's participation in the national flood insurance program. 3. Subsection D1 of this section shall comply with all applicable flood hazard reduction provisions of this section 10 -1 -8. 5. All buildings shall be set back a minimum of one hundred feet (100') from the floodway line. Except that when the area of special flood hazard boundary is one hundred feet (100') or less from the floodway line, the boundary line shall be the setback line. 6. No development is permitted within the twenty five foot (25') setback from all waterways called the riparian zone and riparian vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank, and removal of trees or other vegetation is regulated in accordance with this chapter. 7. For all subdivisions along the Boise River, prior written approval from Flood Control District 10 is required to protect access to the river for maintenance. 8. Compensating excavation in accordance with an engineered plan for orderly conveyance of floodwater, or equivalent mitigating measures may be performed in the floodway when certified by a registered professional engineer. Mitigation design shall include provisions to prevent relocation or diversion of flow paths from causing increased jeopardy to any off site property at any level of flooding from the 1 -year flood up to the base flood. Maintenance provisions for excavated areas prone to fill from sediment and other debris shall follow the requirements of subsection 9- 3 -2 -5C of this code for private streets. 9. In the design of public and private parks and open space areas, fixed structures or equipment that would impede floodwaters shall not be permitted within the floodway. E. Riparian Areas: Located within areas of special flood hazard, established in section 10 -1 -6 of this chapter, are areas designated as riparian areas. Since riparian areas provide critical flood management and fish and wildlife habitat, the following provisions apply: 1. Preservation or restoration of the inherent natural characteristics of the river and creeks within the floodplain; 2. Preservation of riparian vegetation and wildlife habitat, if any, along the stream bank and within the required minimum twenty five foot (25') setback or riparian zone; 3. No development or other than development by the city of Eagle or required for emergency access shall occur within the twenty five foot (25') riparian zone with the exception of approved stream stabilization work. The Eagle city council may approve access to property where no other primary access is available. Private pathways and staircases shall not lead into or through the riparian zone unless deemed necessary by the Eagle city council. 4. Plan and time frame shall be provided for restoration of riparian vegetation damaged as a result of the work done; Page 43 of 75 KAPlanning DeptTagte Applications \SUBS \2015\Stiliwater Sub pzf doc 5. New or replacement planting and vegetation shall include plantings that are low growing and have dense root systems for the purpose of stabilizing stream banks and repairing damage previously done to riparian vegetation. Examples of such plantings include: red osier dogwood, common chokecherry, serviceberry, elderberry, river birch, skunk bush sumac, beb's willow, drummond's willow, little wild rose, gooseberry, and honeysuckle. E. DISCUSSION: The applicant is requesting a comprehensive plan map and text amendment to change the Future Land Use Map and SH -44 and Ballantyne Planning Area text for a 39.7 -acre area on the south side of State Highway 44 at the southwest corner of Ballantyne Lane and State Highway 44 from Business Park to Mixed Use (Residential, Office and Commercial). The applicant is also requesting an annexation, rezone with development agreement (in lieu of a PUD) and a preliminary plat approval at this time. The applicant is requesting to rezone the property from BP- DA (Business Park with a development agreement) and PS -DA (Public /Semipublic with a development agreement) to MU -DA (Mixed Use with a development agreement [in lieu of a PUD]). Since the applicant is requesting a rezone staff will recommend that the previous development agreement be voided (Ada County Instrument #110008343) and an amended and restated development agreement associated with the rezone be executed. • Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 [c] [3]) within the 2011 Comprehensive Plan, the applicant must show, "the condition or situation which warrants a change being made in the plan." In the applicant's justification letter, date stamped by the City on May 12, 2015, the applicant states the following: "In 2009, a portion of this site was approved for a business park subject to provisions of a Development Agreement recorded on January 28, 2010, as Instrument No. 110008343. Since that time, the project has not progressed and we now have the original site and 4.5 additional acres under contract to purchase. The previous approvals encompassed 18.6 acres and proposed a potential of 177,000 sf of commercial structures. However, given the changes in market conditions and the addition of the 4.5 -acre parcel, there are certain adjustments that we feel will enhance the layout, contribute to the tax basis, accommodate traffic considerations, boost employment estimates, and provide a variety of housing options while still offering a desired commercial component along SH -44." The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 [c] [4]) seeks to identify "the public benefit that would occur from such a change in the plan." In the applicant's justification letter, date stamped by the City on May 12, 2015, the applicant provided the following: "A variety of public benefits will be realized with the successful rezone and map amendment of this property. The project will bring a mix of new commercial, office, and residential uses that promote a "neighborhood" feel with easy access for residents to shops and stores, while also providing walking path and greenbelt connectivity. This is also a highly- desired location for a fuel station which, with the addition of a right turn lane on SH -44, would provide motorists with easy access from the SH -44 and West State Street intersection without disrupting traffic flows along the highway. A fuel station at this location maximizes the existing traffic signal, which further aids ITD in minimizing accesses onto SH -44. While this property does fall within Eagle's Scenic Corridor, we are confident that a fuel station facility could be designed with appropriate screening and architectural details that would be compatible with the other commercial/office uses within the project and the surrounding area without deterring from the end goals of the scenic corridor designation." Page 44 of 75 KAPlanning DeptTagle AppRationASUBS\2015SStillwater Sub pzf.doc • Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 [c] [5]) the Applicant must provide "An explanation of why no other solutions to the condition or situation which warrants a change in the Plan are possible or reasonable under the current policies of the Plan". In the applicant's justification letter, date stamped by the City on May 12, 2015, the applicant provided the following: "As stated above, the subject property carries a current land use designation of Business Park. While many of the components in this project may be feasible under the present designation, certain other aspects are not and staff felt that a map amendment would be the most appropriate course of action to accommodate our variety of proposed uses and promote continuity between our zoning and map designations. Therefore, with this application we are requesting a new land use designation of Mixed Use over the entirety of our site." • The Eagle Comprehensive Plan Chapter 1: Overview, Section 2: Vision promotes: o interconnected with user - friendly pathways and roadways; o providing diversified employment and housing opportunities for all economic groups; o an environmentally aware community with distinctive open space, parks and outdoor recreation; o an economically strong city, that fosters local businesses and clean industry; o 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. o 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. o 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. The applicant's proposal is consistent with the larger goals and vision of the City comprehensive plan. The site in question was designated as an employment center in 2008. Since the initial change in use several changes have taken place around the property including the signalization of the Ballantyne and SH -44 intersection and the approval of a mixed use /multi - family project at the northeast corner of Ballantyne and SH -44 intersection. The site is located along a major regional corridor, SH -44 (the only regionally significant east -west arterial north of the Boise River) and has direct signalized access to the state highway. The development will promote connectivity to the greenbelt and Boise River corridor that is currently separated from the City's population base by State Highway 44. The project, as proposed, also provides for the development of a new east -west collector south of SH -44 beginning to construct and establishing an alignment of the planned collector between the signal at Ballantyne and SH -44 to the Signal at SH -44 and Fisher Park Way providing an alternative route to the State /regional system for local trips. • Numerous policies with in The Eagle Comprehensive Plan address how the City should plan for property rights and the provision of services: Page 45 of 75 KAPlanning DeptTagle Applications \SUBS\2015\StWwater Sub pzf.doc o The Eagle Comprehensive Plan Chapter 2, Property Rights states: "The protection and preservation of private property rights should be a strong consideration in the development of land use policies and implementation standards and regulations and as required by law." o The Eagle Comprehensive Plan Chapter 3, Population states: "To plan for anticipated populations and households that the community can support with adequate services and amenities." o The Eagle Comprehensive Plan Chapter 4, School, Public Services and Utilities, Section 7 Sewer establishes policies to guide the planning for and provision of sewer within the City: o 4.7.3 (B) states: Compare ESD expansion Plans with the City's information regarding planned development within the Area of City Impact & the Eagle Foothills. o 4.7.3 (F) states: Continue to work with the Eagle Sewer District to coordinate urban development based upon Land Use component of the Comprehensive Plan and the Eagle Sewer District Master Plan. o The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6 (B) states: "Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, police, fire, recreational areas, highways and transportation systems. o The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6 (1) states: Limit non- residential uses to designated areas, with scaling and intensity paramount to the approval of these uses. The site is located in an area previously planned for residential (2004 Plan) and subsequently changed to Business Park (2008). The site is immediately adjacent to the west of the Eagle Sewer District treatment facility and adequate services are available for the development. The applicant's request is not to create a new "non- residential area" but to expand and provide additional uses in an existing non - residential area. The City's current comprehensive plan identifies this area as being Business Park, the applicant's request would expand the uses to allow for a mixture of uses (vertical and horizontal) that includes Business Park use but would also allow for a mix of uses to occur within the planning area. The inclusion of residential and limited commercial uses will create the opportunity for a more integrated mixed use node similar to Bown Crossing in SE Boise of the 361h Street Garden Plaza at 361h Street and Hill Road in NW Boise. The area is currently serviceable by United Water and the Eagle Sewer District. The Applicant is working closely with the Eagle Sewer District to provide the District access to the signal at SH -44 and Ballantyne Lane and to relocate the access road to the District's treatment facility immediately east of this site. • Numerous policies with in The Eagle Comprehensive Plan address how the City should plan for property adjacent to and near major transportation corridors: o The Long Range Street and Highway Classification Map designates State Highway 44 as a principal arterial. o The Eagle Comprehensive Plan encourages locating compact and multi - family development along major transit corridors and near activity centers to encourage pedestrian accessibility and circulation. A typical walking distance is' /4 -mile. • The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6 (CC) states: Discourage mid - block commercial development along arterial and collectors unless it is specified in the plan. • The Eagle Comprehensive Plan Chapter 8.6.2 Transportation: Specific Design Strategies states: Page 46 of 75 KAPlanning DeptTagle Applications \SUBS12015SStillwater Sub pzf doc C. Support the access restriction policies of the Ada County Highway District. D. Limit access to all arterial streets. E. Discourage direct lot access to parcels abutting arterial and collector streets. G. Develop methods, such as cross - access agreements, frontage and backage roads, to reduce the number of existing access points onto arterial streets. J. Encourage planning of local roadway systems that will provide for intra- neighborhood connectivity. The connecting roadways should be designed to not become collectors and to discourage traffic from cutting through neighborhoods to go from a collector or arterial to another collector or arterial. Such intra- neighborhood connectivity is for emergency and delivery vehicles and for local intra- neighborhood access The project as proposed is consistent with many of the existing policies of the City's comprehensive plan. The proposed development will locates residential along a future transit corridor within 1/4 mile of an existing park and ride facility, adjacent to the Boise River Corridor and greenbelt, within 1/2 mile of Eagle Island State Park, and will provide basic goods and services to an area that is over a mile from the services of Downtown Eagle. The applicant provided an Environmental Impact Assessment report, date stamped by the City on September 3, 2015, pursuant to Eagle City Code Section 9- 5 -8(B). The applicant did not provide a Habitat Analysis as required by the Comprehensive Plan Amendment application submittal requirements. Staff requested the City's environmental consultant, Environmental Conservation Services, Inc. (ECS), review the Environmental Impact Assessment with regard to addressing the requirements of a Habitat Analysis. ECS provided correspondence, date stamped by the City on October 12, 2015, which indicated the Environmental Impact Assessment report does not adequately define the current conditions, does not fully address the associated impacts of the development and does not identify viable mitigation measures. ECS recommended that the applicant provide an updated report to address the aforementioned deficiencies. The applicant should provide a Habitat Analysis that updates the Environmental Impact Assessment report consistent with the Environmental Conservation Services, Inc. letter, date stamped by the City on October 12, 2015. The Habitat Analysis should identify any mitigation measures needed for the site. The Habitat Analysis should be reviewed and approved by staff and the City's environmental consultant prior to submittal of a final plat application. The applicant's narrative, date stamped by the City on September 3, 2015, indicates they are requesting a development agreement in lieu of a PUD to request the following allowances: 1) attached sidewalks, 2) increased lot coverage, 3) reduced lot size, 4) reduction of the required street frontage from 35 -feet to 25 -feet, 5) reduction of lot width from 50 -feet to 25 -feet, 6) reduction of setbacks, 7) reduction of driveway length to allow for parking, 8) waiver of the required 35 -foot wide landscaped buffer located adjacent to a collector, 9) a height exception from 35 -feet to 42 -feet in height, and 10) the use of "Northwestern" style of architecture. Request #1 The preliminary plat, date stamped by the City on September 3, 2015, contains two (2) street sections showing the internal streets in the development will have attached sidewalks. Pursuant to Eagle City Code Section 9- 4- 1 -6(F), sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by a minimum eight -foot (8') wide landscape strip. The applicant should provide a revised preliminary plat showing the street sections for the internal streets with detached sidewalks pursuant to Eagle City Code. The revised preliminary plat should be provided prior to submittal of a final plat application. Page 47 of 75 KAPlanning Dept \Eagle Applications \SUBS \2015\Stillwater Sub pzfdoc Request #2, 6, and 7 Pursuant to Eagle City Code Section 8- 6- 5- 5(A)(3), setbacks for modified lot sizes shall conform with the closest compatible base zone identified in Eagle City Code Section 8 -2 -4. The proposed setbacks as identified in the applicant's narrative, date stamped by the City on September 3, 2015, reflects the following setbacks: Patio Product (Block 1 Front: 15 -feet living space/ 18' garage Rear: 15 -feet Interior Side: 5 -feet for all stories with 1' encroachment allowance for fireplaces Street Side: 15 -feet Maximum Lot Coverage: 60% Cottage Product (Blocks 2 & 3 Front: 15 -feet Rear: 10 -feet Interior Side: 5 -feet all stories with 1' encroachment allowance for fireplaces Street Side: 10 -feet Maximum Lot Coverage: 60% Townhome Product (Block 4) and Live/Work Product (Block 5 Front: 15 -feet Rear: 10 -feet Interior Side: 0 -feet Interior Side on Common Area: 5 -feet for all stories with F encroachment allowance for fireplaces Street Side: 5 -feet for all stories Maximum Lot Coverage: 75% Flex /Commercial /Office/Residential Condo Area Zero lot line setbacks are requested for the commercial portion of this project. Maximum Lot Coverage: 100% (Commercial) 75% (Flex Lot) Pursuant to Eagle City Code Section 8 -2 -4, the following setbacks are required within the MU (Mixed Use): Front 20 -feet Rear 20 -feet Interior Side 7.5 -feet (first story) /12.5 -feet (second story) Street Side 20 -feet Maximum Lot Coverage: 50% In regard to the reduction of setbacks staff has the following concerns: The applicant provided a Product Type Exhibit, date stamped by the City on September 3, 2015, which shows the Cottage, Townhome, and Live/Work Product garages will be rear loaded. The Patio Product garages will be front loaded from the street. The applicant is requesting that the Patio Product garages be setback 18 -feet from the property line. Pursuant to Eagle City Code Page 48 of 75 KAPlanning DeptTagle AppGcationASUBWO MStillwater Sub pzf.Joc Section 8 -2 -4 (G), front loaded garages are required to be setback 25 -feet from the back of sidewalk. Based upon the street sections showing the 42 -foot right -of -way the lots with the five - foot (5') attached sidewalks the right -of -way extends 1.5 -feet beyond the sidewalk which adds an additional 1.5 -feet to the 18 -foot setback, therefore, allowing for 19.5 -feet between the garage and the back of the sidewalk. However, the other side of the street (with the eight -foot (8') wide attached sidewalk) the sidewalk encroaches 1.5 -feet into the lot, therefore, based on the requested setback the length of the area between the garage and the back of the sidewalk would be 18 -feet minus the 1.5 -feet for a total length of 16.5 feet. Staff recommends the garage setback for the Patio Product lots be a minimum of 20 -feet from the property line. Also, the Product Type Exhibit should be incorporated into the development agreement as an exhibit. The applicant is requesting a 15 -foot rear yard setback for the Patio Product lots as identified on the Product Type Exhibit, date stamped by the City on September 3, 2015. The preliminary plat, date stamped by the City on September 3, 2015, identifies an Eagle Sewer District 20 -foot wide utility easement, instrument No. 8313723, located adjacent and in proximity to the eastern boundary of the residential area of the subdivision. The easement continues north through the commercial common area and through a commercial buildable lot. The Eagle Sewer District easement encroaches 10 -feet to 30 -feet in width into the rear of Lots 1 -13, Block 1 (residential) and the side lot area of Lot 15, Block 1. The easement divides Lot 6, Block 6, in half. The applicant is requesting a 15 -foot wide rear yard setback for the residential lots and a five -foot (5') wide side easement. Based on the location of the easement the rear setback for Lots 141, Block 1, should be 20 -feet. The rear setback for Lots 12 and 13, Block 1, and the east side setback for Lot 15, Block 1, should be 30 -feet. The applicant should provide a revised preliminary plat showing Lot 6, Block 6, located outside of the Eagle Sewer District 20 -foot utility easement instrument No. 8313723, identified on the preliminary plat, date stamped by the City on September 3, 2015. The revised preliminary plat should be provided prior to submittal of a final plat application. The request for allowing a one -foot (1') encroachment into the side setback for fireplaces will allow the fireplace to encroach into the noted five -foot (5') wide public utility, drainage, and pressurized irrigation easements adjacent to interior lot lines noted as plat note #3 on the preliminary plat, date stamped by the City on September 3, 2015. The applicant should provide a revised preliminary plat with plat note #3 revised to read, "All residential lots shall have a 4 -foot wide public utility, drainage, and pressurized irrigation easement adjacent to all interior lot lines, except for lots within Blocks 4 and 5, which will have no easements adjacent to all interior lot lines" the revised preliminary plat should be provided prior to the submittal of a final plat application. The request for allowing the fireplace encroachment should be pursuant to the Encroachment Exhibit provided by the applicant, date stamped by the City on October 12, 2015. The Encroachment Exhibit should be incorporated into the development agreement as an exhibit. It is staff's opinion that the setbacks should be as follows: Patio Product (Block 1 Front: 15 -feet living space / 20 -feet garage Rear: Lots 15- 37, Block 1 15 -feet Lots 1 -11, Block 1 20 -feet Lots 12 -13 30 -feet Interior Side: 5 -feet for all stories with 1 -foot encroachment allowance for fireplaces (as shown on the Encroachment Easement Exhibit G) Lot 15, Block 1 Side Setback (east) 30 -feet Street Side: 15 -feet MMaximum Lot Coverage: 60% Page 49 of 75 KAPlanning DeptTagle AppGcationASUBSUOMStWwater Sub pzf.doc Cottage Product (Blocks 2_ & 3)(Rear- loaded garage Front: 15 -feet Rear: 10 -feet Interior Side: 5 -feet all stories with 1 -foot encroachment allowance for fireplaces (as shown on the Encroachment Easement Exhibit G) Street Side: 10 -feet Maximum Lot Coverage: 60% Townhome Product (Block 4) and Live/Work Product (Block 5)(Rear- loaded garage) Front: Rear: Interior Side: Interior Side on Common Area: Street Side: Maximum Lot Coverage 15 -feet 10 -feet 0 -feet 5 -feet for all stories with F encroachment allowance for fireplaces (as shown on the Encroachment Easement Exhibit G) 5 -feet for all stories 75% Flex/Commercial/Office /Residential Condo Area Zero lot line setbacks are requested for the commercial portion of this project. Maximum Lot Coverage: 100% (Commercial) 75% (Flex Lot) Request #3, 4, and 5 Staff is supportive of these requests based upon the submitted preliminary plat, date stamped by the City on September 3, 2015. Request #8 East Old Valley Street is designated as a collector. Pursuant to Eagle City Code Section 8 -2A- 7(J)(4)(a), any road designated as a collector is required to have a 35 -foot wide buffer area for residential lots located adjacent to a collector. The buffer area is required to be located within a separate common lot. Two (2) residential lots are located adjacent to East Old Valley Street. The applicant is requesting a waiver of the required buffer and is proposing a 15 -foot wide street side setback with enhanced landscaping to be located along the north lot lines adjacent to the street. It is unknown what the applicant is proposing at this time. If a reduced buffer area located adjacent to East Old Valley Street is approved, the proposed landscaping located within the street side setback area adjacent to the north property lines of Lots 1 and 37, Block 1, should be commensurate with landscaping requirements pursuant to Eagle City Code Section 8 -2A- 7(J)(4)(a). The landscape plan should be reviewed and approved by the Design Review Board prior to submittal of a final plat application. Request #9 The applicant is requesting a height exception to allow the buildings located within the commercial/condo and live /work portion of the development to be constructed to a maximum of 42 -feet in height to accommodate a variety of product. The live /work units are proposed to have a commercial use at street level and two (2) floors of residential or one (1) floor office and one (1) floor of residential above the first floor of commercial use. Although this area is not located within a Design Review Overlay District the Downtown Development Area (DDA) and the Transitional Page 50 of 75 KAPlanning Dept\Eagle Applications \SUBS\2015\StWwater Sub pzf.doc Development Area (TDA) Design Review Overlay Districts allow buildings up to a maximum of 40 -feet in height to encourage a type of use similar to what the applicant is proposing. The applicant has provided a building elevation, date stamped by the City on October 12, 2015, showing a profile of a building at the requested height of 42 -feet. The proposed building height of the commercial/condo and live /work units should not exceed 42 -feet in height as shown on the submitted building elevation (Exhibit H). The preliminary plat, date stamped by the City on September 3, 2015, shows the subdivision connecting to an existing sewer line located adjacent to the eastern boundary through an easement located within Lots 5 and 6, Block 1. The preliminary plat delineates a 10 -foot wide easement (total 20 -foot wide easement) located adjacent to the shared interior lot line of the respective lots, however, the requested side setback of 5 -feet in width does not identify an exception for these lots. Also, the preliminary plat notes five -foot (5') wide easements (staff is recommending four -foot [4'] wide easements) located adjacent to interior lot lines. The applicant should be required to provide a revised preliminary plat with a new plat note that states, "The interior lot line common to Lots 5 and 6, Block 1, shall have a 10 -foot wide (total 20 -feet) public utility easement in favor of the Eagle Sewer District." The revised preliminary plat should be provided prior to submittal of a final plat application. The applicant is requesting to permit a fuel station (Automotive Gas Station or Fuel Islands) on up to ten percent (10 %) of the site pursuant to the PUD code (Eagle City Code Section 8 -6-4 "Uses Permitted) (within the flex lot area). The development agreement for this development will be used in lieu of a planned unit development (PUD). Development Agreements are a discretionary tool used by the Council as a condition of rezoning and allow a specific product 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. Within a PUD, up to ten percent (10 %) of the gross land area may be directed to other commercial, office, public and quasi - public uses that are not allowed within the land use district, provided that there is a favorable finding by the City Council that the proposed uses will be compatible with the surrounding land uses. The applicant provided a preliminary plat, date stamped by the City on September 3, 2015, that identifies a flex lot (potential fuel station) which is 2.1 -acres in size. The preliminary plat identifies the proposed subdivision is 39.7 -acres in size. The flex lot covers 5.3% of the overall development or 8.5% of the development with the floodway area excluded. If approved, the area where the proposed fuel station is proposed would be less than 10% of the subdivision area. The applicant provided a site plan, date stamped by the City on October 12, 2015, which shows a fuel station (Automotive Gas Station or Fuel Islands), fuel canopy, automotive washing facility, and a building with a drive - through use. The commercial area and flex lot are proposed to be located adjacent to State Highway 44. If the applicant desires to move forward with a fuel station (Automotive Gas Station or Fuel Islands) and a restaurant (with drive - through) to be located within the flex lot area the applicant should be required to submit a Conditional Use Permit application for these uses. The Comprehensive Plan identifies this area as a Scenic Corridor. The Comprehensive Plan defines the Scenic Corridor area as an overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate sign controls. The applicant provided a narrative, date stamped by the City on September 3, 2015, which states, "that while the property does fall within Eagle's Scenic Corridor, we are confident that a fuel station facility could be designed with appropriate screening and architectural details that would be compatible with the other commercial/office uses within the project and the surrounding area without deterring from the end goals of the scenic corridor designation. The berming and landscaping located within the Channel Center Subdivision located adjacent to State Highway 44 and State Highway 55 (South Eagle Road) is in conformance with the goals established within the Comprehensive Plan for the Scenic Page 51 of 75 KAPlanning DeptEagle Applications\SUBS\201AStiftater Sub pddoc Corridor. The applicant should be required to install berming and landscaping adjacent to State Highway 44 to be in conformance of the goals established for the Scenic Corridor. The applicant should be required to install a three foot (3') high landscaped berm (measured from the centerline of State Highway 44) within a 30 -foot wide common lot located adjacent to State Highway 44. The berm area should be landscaped with the following plants per one hundred (100) linear feet of right of way: two (2) shade trees, three (3) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with one (1) flowering/omamental tree, provided that not more than fifty percent (50 %) of the shade trees are substituted. The landscape plan should be reviewed and approved by the Design Review Board prior to submittal of a final plat application. The site plan also show a building located outside of the flex area which may include a drive - through restaurant. Pursuant to Eagle City Code Section 8 -2 -3 Restaurants (with drive - through) are a prohibited use within the MU (Mixed Use) zoning district. Staff does not recommend approval of the allowance for a Restaurants (with drive- through) within the commercial area located outside of the flex lot, which is the only area plausibly allowed to incorporate uses otherwise not allowed within the zone (see discussion above). Plat note #2 of the preliminary plat, date stamped by the City on September 3, 2015, states "All residential lots shall have a five -foot wide public utility, drainage, and pressurized irrigation easement adjacent to all rear lot lines." Pursuant to Eagle City Code Section 9 -3 -6, unobstructed utility and drainage easements with an easement width of 12 -feet (except lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned unit development) are required along all front and rear property lines. The applicant has requested a minimum rear setback for the residential areas to be 10 -feet in width. The applicant should be required to provide a revised preliminary plat with plat note #2 revised to read, "All residential lots shall have a 10- foot wide public utility, drainage, and pressurized irrigation easement adjacent to all rear lot lines." The revised preliminary plat should be provided prior to submittal of a final plat application. Plat note #8 of the preliminary plat, date stamped by the City on September 3, 2015, identifies the common lots within the development. The plat note does not identify who is responsible for the operation and maintenance of the common lots and the facilities located thereon. The applicant should be required to provide a revised preliminary plat with an additional sentence added to plat note #8 to read, "Common lots as shown are to be owned and maintained by the Stillwater Subdivision Homeowner's Association." The revised preliminary plat should be provided prior to submittal of a final plat application. The site previously had a residential dwelling located on the lot which was served by an individual well and septic system. The preliminary plat, date stamped by the City on September 3, 2015, delineates an existing well located on -site, however, the preliminary plat does not identify the location of a septic system. Based on the well location shown it appears the well is located within Lot 9, Block 2, of the commercial area. It is unknown if either the individual well or septic system were ever abandoned. The applicant should be required to provide documentation from Central District Health Department indicating the individual well and septic system previously located on the site were properly abandoned. The documentation should be provided prior to the City Clerk signing the final plat. The preliminary plat (Existing Conditions map), date stamped by the City on September 3, 2015, shows several area containing dense trees. Based on the Existing Conditions map it appears that Lots 15, 25, 26, and 30 -33, Block 1, contain dense trees located within the proposed lots. The applicant should provide an Existing Tree Inventory Map (inclusive of species and size) with the submittal of a Design Review application. The applicant should provide a narrative with the Existing Tree Inventory Map indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. Page 52 of 75 KAPlanning Dept\Eagle Applications\SUBS@OMStillwater Sub pztdoc The preliminary plat, date stamped by the City on September 3, 2015, shows Lot 7, Blocks 5 and 6 (common lots), at seven -feet (7') in width. The preliminary plat also delineates an approximately five -foot (5') wide micro - pathway located within Lot 7, Blocks 5 and 6. Pursuant to Eagle City Code Section 9- 4- 1 -6(F), micro - pathways which are designed for primary use by the residents of the subdivision shall be a minimum of eight -feet (8') in width and shall be located within a sixteen -foot (16') wide pedestrian access easement, however, in an area where low volume pedestrian traffic is anticipated, the Council may consider a reduction in pathway width to six -feet (6'). The applicant should provide a revised preliminary plat showing Lot 7, Blocks 5 and 6, to be a minimum sixteen -feet (16') in width with a minimum six -foot (6') wide pathway located within the lots. The revised preliminary plat should be submitted prior to submittal of a final plat application. The preliminary plat, date stamped by the City on September 3, 2015, does not contain a plat note in regard to minimum setbacks. The applicant is requesting a reduction of setbacks typically required within the MU (Mixed Use) zoning district. The applicant should provide a revised preliminary plat with a new plat note that states, "Minimum building setbacks shall be in accordance with City of Eagle applicable zoning and subdivision regulations or as specifically approved with the development agreement associated with RZ -07 -15 or any subsequent modifications." The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat, date stamped by the City on September 3, 2015, delineates several areas located within the site that have overhead power lines. Pursuant to Eagle City Code Section 9-4 -1- 8, underground utilities are required. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk signing the final plat. The preliminary plat, date stamped by the City on September 3, 2015, does not contain a plat note regarding a pressurized irrigation. The applicant should provide a revised preliminary plat with a new plat note which states, "A pressurized irrigation system shall be constructed in accordance with the City of Eagle standards and shall be maintained and operated by the Stillwater Subdivision Homeowners Association." The revised preliminary plat should be provided prior to submittal of a final plat application. The preliminary plat, date stamped by the City on September 3, 2015, shows the east half of the East State Street 70 -foot wide right -of -way located within the adjacent property (owned by Eagle Sewer District). The street section associated with the 70 -foot right -of -way shows an eight -foot (8') wide attached sidewalk located on the east side of the street with four -feet (4') of the sidewalk proposed to be located within a sidewalk easement within the Eagle Sewer District property. In regard to East Old Valley Street the right -of -way is located within the subject property, however, the four -foot (4') wide sidewalk easement will be located within the adjacent Eagle Sewer District property. Ada County Highway District will require a right -of -way dedication, however, the applicant should be required to execute a sidewalk easement agreement with Eagle Sewer District for the sidewalk easement area located within the Eagle Sewer District property. The recorded executed sidewalk easement agreement should be provided prior to approval of the final plat. The preliminary plat, date stamped by the City on September 3, 2015, shows three (3) residential lots (Lots 15, 16, and 17, Block 1) take access from a single driveway located within a common lot (Lot 14, Block 1). Pursuant to Eagle City Code Section 9- 3- 2 -1(J), driveways providing access to no more than two (2) dwelling units shall be allowed within any subdivision. The applicant should be required to provide a revised preliminary plat showing that no more than two (2) dwelling units take access from a single driveway prior to submittal of a final plat application. If the City Council approves more than two (2) dwelling units take access from a single driveway the applicant should provide a revised preliminary plat which contains a plat note that identifies Lot 14, Block 1, as a Page 53 of 75 KAPlanning DeptTagle AppGcations\SUBWOMStillwater Sub pzfdoc common lot that a) conveys to the lot owners of Lots 15, 16, and 17, Block 1, the perpetual right of ingress and egress over Lot 14, Block 1, b) provide that the easement runs with the land, c) provide that the owners of Lots 15, 16, and 17, Block 1 should be responsible for the maintenance of the driveway and common lot, d) provide that a restrictive covenant for maintenance of the common lot and driveway cannot be modified without the express consent of the city. The revised preliminary plat should be provided prior to submittal of a final plat application. The preliminary plat, date stamped by the City on September 3, 2015, and the Pathway Exhibit, date stamped by the City on October 12, 2015, delineates an eight -foot (8') wide pathway located within Lot 1, Block 2, (10 -feet in width) located adjacent to State Highway 44. The preliminary plat does not identify if the pathway is public. The preliminary plat also does not delineate a regional greenbelt pathway located adjacent to the Boise River. Pursuant to Eagle City Code Section 9- 4 -1 -6, regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. The applicant should provide and construct, in accordance with the provisions of Eagle City Code Section 9- 4 -1 -6, minimum ten foot (10') wide asphalt public pathways along the portion of the Property located adjacent to the Boise River and State Highway 44. The pathways should be constructed concurrently with Phase No. 1 of Stillwater Subdivision. The specific location and design of the pathways should be approved by the City of Eagle Park and Pathway Development Commission prior to submittal of a design review application. The asphalt pathways should be located in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9- 4- 1 -6(E) (2). The instrument number of the recorded easement or easements should be referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is located. Other than any pathways approved by Eagle, development within the Floodway should be prohibited. Mike Aho, Eagle Parks and Recreation, Director, provided an email with an exhibit, dated June 28, 2015, which indicated the preferred location for a trail connection from the pathway located adjacent to State Highway 44 to the Boise River greenbelt (located adjacent to the east property line south of the commercial development area). As previously mentioned the applicant is proposing to construct an eight -foot (8') wide attached sidewalk located adjacent to one (1) side of the street. Currently there is a 20 -foot wide Eagle Sewer District easement located adjacent to the eastern boundary within which a trail connection may be incorporated. The applicant should be required to work with the Eagle Sewer District to place a greenbelt trail connection within the 20- foot wide sewer easement located adjacent to the eastern boundary of the residential area. If an agreement cannot be reached the applicant should be required to work with Eagle Parks and Recreation Director with regard to an alternate location for the greenbelt trail connection. The specific location and design of the proposed greenbelt trail connection should be reviewed and approved by the City of Eagle Park and Pathway Development Commission prior to submittal of a design review application. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to date, staff recommends approval of the requested comprehensive plan text and map amendment, rezone with development agreement in (lieu of a PUD) and preliminary plat with conditions of approval as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their consideration on October 19, 2015. The applications were continued to November 2, 2015, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. Page 54 of 75 KAPIanning Dept\Eagle Applications \SUBS\2015\StWwater Sub pzf doc B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one (not including the applicant/ representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. COMMISSION DELIBERATION: Upon closing the public hearing, the Commission discussed during deliberation that: • Conceptually the proposed project will be a great addition to the city based on the site design and architecture of the proposed structures. • The applicant should be required to vacate the 20 -foot wide Eagle Sewer District easement located adjacent to the eastern property line. • The applicant should be required to work with Eagle Sewer District to complete a lot line adjustment to incorporate the portions of the sidewalk located outside of the subdivision boundary. • The pathway providing access from the State Highway 44 to the Boise River greenbelt should be approved as shown on the preliminary plat. • The common lots containing the pathway located between the live /work units should be widened to a minimum of 16 -feet in width. • The number of lots gaining access from a single- driveway located on Lot 14, Block 1, as shown on the preliminary plat should be approved. • Relocation of Lot 6, Block 6, should not be required provided the existing Eagle Sewer District utility easement is vacated. COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN TEXT AND MAP AMENDMENT: The Commission voted 4 to 0 to recommend approval of CPA -04 -15 for a comprehensive plan text and map amendment from Business Park to Mixed Use to the SH -44 and Ballantyne Planning Area for Next Level Development, LLC, with the staff recommended changes to the text as shown below with underline text to be added by the Commission and strike through text to be deleted by the Commission: 6.8.11 SH -44 and Ballantyne Planning Area The SH -44 and Ballantyne Planning Area is located south of SH -44 between the planned signalized intersection of at SH -44 and Ballantyne Road and the planned signalized intersection at SH -44 and Eagle Island State Park (Fisher Park Way). The planning area is designated as Business Park and Mixed Use to accommodate a growing technical industry,_ commercial uses, and residential uses within the City and valley, to provide employment options for City residents, and as a recognition of the impacts of the regional transportation network and neighboring land uses (sewage treatment plant and state park) in the area. A. Uses The land use and development policies specific to the SH -44 and Ballantyne Planning Area include the following: 10. The area is to be developed as a business /technical park mixed use node with business /technical park, residential, commercial, and limited ancillary uses. 11. The area should be designed to capitalize on the Boise River by providing trails and open space throughout the area and ensuring public access to the river. Page 55 of 75 KAPlanning Dept\Eagle Applications\SUBSUO MStillwater Sub pzf.doc 12. The area should be designed to provide sufficient space for corporate headquartersLand emerging technical uses, integrated with commercial uses, and residential uses in a park -like setting. 13. This area is intended to serve as a unique location for business and technical uses within the City of Eagle to encourage the location of clean industry into the City while buffering between the Eagle Sewer District Sewer Treatment facility to the east and Eagle Island State Park to the west. 14. Small Neighborhood Commercial/Limited Service CommercialCommercial uses may be considered as ancillarycomplementary uses which should not to exceed 10% of the total land area of SH -44 and Ballantyne Planning Area buildable acres. Commercial Ancillary uses are intended to be secondary and complementary to the business and technical uses and intended to provide support services to in the planning area and serve as a buffer between the residential uses and SH -44. Strip commercial uses should be discouraged. Highway- oriented uses should be strategically placed at signalized intersections and designed to accommodate the oag is of the Scenic Corridor, if ap lip cable. 15. The area north of the Boise River should be improved with pathways and other amenities to encourage active recreation and passive enjoyment of the river and riparian area. 16. All uses in the planning area should be designed with consistent architecture, design, and signage as well as community design and art elements to create a campus feel throughout the business and commercial area area. 17. Residential uses (including single family, live /work condos and Temporarytemporary /Corporate c rporate housingl should be considered as a complementary ancillary uses in this area and should be scaled and designed to be consistent with the needs of the primary uses in the planning areapedestrian- friendly to establish a village feel along collector roadways. 18. Public access should be maintained to provide residents, business, park and commercial employees, and guests' access to the greenbelt and river, similar to the access provided in the Eagle River Area. B. Access 5. Access to the SH -44 and Ballantyne Planning Area will be from the signalized intersections of SH -44 at Ballantyne Road and SH -44 and Eagle Island State Park (Fisher Park Ways. Any approved highway- oriented uses should be strategically located at the immediate intersections. 6. All access should be reviewed for compliance with the State Street/ SH44 corridor management plan. 7. A new internal collector parallel to SH -44 should be built at the time of development to move traffic within the area. All single - parcel access points to the State Highway should be eliminated/consolidated during the development process. 8. A pathway and trails network should be encouraged to provide pedestrian access along the Boise River connecting the SH -44 and Ballantyne Planning Area to the existing City pathway system. C. Design 5. All business and commercial uses in the planning area should be designed to fit into a park- like setting appropriately scaled so to compliment and not overpower the business and residential uses. Page 56 of 75 KAPIanning Dept\Ea& Applications\SUBWOMSOwater Sub pzfdoc 6. The area should be developed for corporate headquarters., and the emerging technical industry., and small neighborhood commercial limited service commercial with consistent and complimentary architecture, design, and signage so to enhance the small pedestrian friendlX mixed use feel. 7. The design should capitalize on the extension of Old Valley Road and bring activities and uses closer to the collector road, creating a pedestrian- friendly area that encourages pedestrian circulation from the greenbelt and the residential areas, while also servicing auto traffic. 8. The planning area should be designed to be internally focused, providing the ability to capture or collect trips for the larger planning area with some limited trip capturing from SH -44 and adjacent residential areas. 9. Parking should be cooperative and joint parking agreements should be encouraged. Due to the intensity of use (need for semi -truck access) on -street parking should be avoided in this area. Parking should be grouped between buildings on the site so not to locate large parking lots adjacent to the Boise River view shed or SH44Common parking areas and joint parking agreements and should be encouraged to minimize walking distances between buildings and provide a pedestrian scale to the area. On- street parking should be encouraged where sufficient right -of -way is available. 10. Signage should be uniform and should be focused to the interior of the development along the parallel collector to ensure that the highway rights -of -way are not cluttered with individual and monument signs. The planning area should include a single monument entry sign at the signalized intersections to establish place making reference. Consistent design elements should be repeated throughout the area to establish and maintain identity. Tall landscape berms should be avoided along SH -44 to prevent business park and commercial buildings from being obscured but a landscaping buffer should be significant enough to separate the uses from the State Highway and instill a park -like atmosphere. D. Issues 4. One of the main concerns in developing this area for a variety of uses is the need to maintain a balance among the various employment opportunities that the Business Park and Mixed Use designations affords. The goal is to create an environment where a broad range of employment opportunities are available. To achieve this goal, commercial development must be limited to uses intended to services the business use and should be limited to 10% of the total planning area and should be designed to serve the planning area and regional greenbelt users; big box uses should be prohibited. Any approved highway - oriented uses must adhere to stringent design guidelines in order to conform to the goals of the Scenic Corridor where ap lip cable 5. Due to the electrical demands of the many business and technical park uses, If deemed necessary, the planning area should identify a site for an electrical substation. If a substation is not sited early in the development of the area, it is likely the intent of this planning area to function as a technical park will be limited. 6. To achieve this goal, commercial development must consist of larger corporate /employment uses, with ancillary support uses comprising no more than 10% of the total planning area; big boxes should be prohibited. a. b. If single family residential uses are located in this area, special attention should be ivg en to the transition between business /technical/commercial park use and single family residential uses. Transitional use could include open space live /work units or light office uses. Single use development (i.e. residential only, office only) should be discouraged in Page 57 of 75 KAPlanning DeptTagle Applications \SUBS\2015\Stillwater Sub pzf doc the area. Without a balance of uses the intent to create a live work and plan environment within the planning area with be compromise COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT (IN LIEU OF A PUD): The Commission voted 4 to 0 to recommend approval of RZ -07 -15 for a rezone from BP -DA (Business Park with a development agreement) to MU -DA (Mixed Use with development agreement [in lieu of a PUD]) for Next Level Development, LLC, with the following staff recommended conditions of development to be placed within a development agreement with underline text to be added by the Commission and strike through text to be deleted by the Commission: 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Applicant will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. However, the residential portion of this development proposal is recognized by Eagle and Owner as a desired component to a mixed use development. A residential component of similar size and area to that depicted in the Concept Plan with the provisions and allowances contained herein, shall be maintained. 3.3 Owner shall provide a Habitat Analysis that updates the Environmental Impact Assessment report consistent with the Environmental Conservation Services, Inc. letter, date stamped by the City on October 12, 2015. The Habitat Analysis shall identify any mitigation measures needed for the site. The Habitat Analysis shall be reviewed and approved by staff and the City's environmental consultant prior to submittal of a final plat application. 3.4 The total number of residential units on the Property shall not exceed 94 -units in the aggregate. Development of the residential portion of the Property will be permitted through the Design Review process and future conditional use permits for the residential development will not be required. 3.5 The Setbacks shall be as follows: Patio Product (Block 1 Front: 15 -feet living space / 20 -feet garage Rear: Lots 15 37, Bleek 1 15 feet Lets 1 11j B leek i 20Tfeet. Lets 12 13 30 feet 15 -feet Interior Side: 5 -feet for all stories with 1 -foot encroachment allowance for fireplaces (as shown on the Encroachment Easement Exhibit G) Lot 15 Bleek I Side Setb v (east) 30 feet Street Side: 15 -feet Maximum Lot Coverage: 60% Page 58 of 75 KAPlanning Dept\Eagle Applications \SUBS \2015\Stillwater Sub pzf.doc Cottage Product (Blocks 2 & 3) (Rear- loaded garage Front: 15 -feet Rear: 10 -feet Interior Side: 5 -feet all stories with 1 -foot encroachment allowance for fireplaces (as shown on the Encroachment Easement Exhibit G) Street Side: 10 -feet Maximum Lot Coverage: 60% Townhome Product (Block 4) and Live/Work Product (Block 5) (Rear - loaded garage) Front: 15 -feet Rear: 10 -feet Interior Side: 0 -feet Interior Side on Common Area: 5 -feet for all stories with 1 -foot encroachment allowance for fireplaces (as shown on the Encroachment Easement Exhibit G) Street Side: 5 -feet for all stories Maximum Lot Coverage: 75% Flex /Commercial/Office/Residential Condo Area Zero lot line setbacks are requested for the commercial portion of this project. Maximum Lot Coverage 100% (Commercial) 75% (Flex Lot) 3.6 The proposed building height of the commercial/condo and live/work units shall not exceed 42 -feet in height as shown on the submitted building elevation (Exhibit H). 3.7 The Commercial and Flex Lot area of the Property as depicted on the Concept Plan is to be developed with a combination of any office and commercial uses allowed within Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations" under the MU zoning designation (except as permitted in Section 3.8, below). The Commercial and Flex area shall be limited to a maximum of 125,000 - square feet of enclosed area (i.e., enclosed with walls and roof). No commercial building footprint shall exceed 13,000- square feet of enclosed area (i.e., enclosed with walls and roof). 3.8 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the Property can be developed and used consistent with the Mixed Use District land uses allowed by the Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations ", existing at the time a design review application or conditional use permit application (whichever the case may be) is made for individual building use. All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses shown as "C" conditional uses under the MU zoning designation shall require a conditional use permit, except that the residential portions of the Property described in Section 3.3 shall not require a conditional use permit. The following uses which are shown as "C" conditional uses under the MU zoning designation within Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations," shall be permitted uses on the Property: Page 59 of 75 KAPIann ng DeptEagle AppGcationASUBS\201SSOwater Sub pzf.doc ■ Childcare o Daycare Center • Commercial Entertainment Facility (Indoor) • Dwelling (Multi - Family) • Dwelling (Single - Family) • Microbrewery • Retail Sales (General) • Retail Sales (Limited) • Winery In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above, the following uses shall also be prohibited on the Property: • Residential, Mobile Home (Single Unit); • Residential, Mobile Home (Single Unit Temporary Living Quarters); • Residential, Mobile Home Park; • Adult Business; • Cemetery; • Circuses and Carnivals; • Drive -In Theatre; • Equipment Rental and Sales Yard; • Kennel; • Nursery, plant materials; • Riding Academies /Stables; • Small Engine Repair; • Storage (fenced area); In addition the (Automotive Gas Station or Fuel Islands) and Restaurant (with drive thru) use (shown on the Flex Lot), which is prohibited within said section of Eagle City Code and on the entire Property, as noted above shall be permitted with an approval of a Conditional Use Permit. 3.8.1 If a building with a drive - through use is approved Owner shall provide a minimum forty - eight inch (48 ") buffer (berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall) between the drive -thru lanes and the adjacent roadway to reduce the impact of the vehicles utilizing the drive -thru lanes (i.e. vehicle headlights and vehicle cueing). 3.9 The "Flex" area as identified on the Concept Plan may be permitted to contain a Convenience Store with Fuel Station, Coffee Shop (with drive - through) and an Automotive Washing Facility with the approval of a Conditional Use Permit with the following minimum conditions to be included in the approval: 3.9.1 The convenience store associated with the fuel station shall be orientated with the rear of the building located parallel to State Highway 44 to provide screening of the fuel canopy from view from State Highway 44. 3.9.2 The fuel canopy shall be architecturally compatible with the commercial buildings located within the development. The proposed architecture of the fuel canopy shall be reviewed and approved by the Design Review Board prior to issuance of a Zoning Certificate. 3.9.3 The fuel canopy or signage contained with the fuel canopy shall not be internally illuminated. Page 60 of 75 KAPlanning Dept \Eagle Applications \SUBS\2015\Stillwater Sub pztdoc 3.9.4 Any vacuum units associated with an Automotive Washing Facility shall be screened from view and shall not be located adjacent to any residential unit. 3.10 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, parking lots, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC &Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing located adjacent to open space to be open -style such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type wooden decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited. (c) A requirement for the placement of street trees located behind the attached sidewalks. (d) All single - family residential structures shall require Architectural Control Committee (ACC) approval prior to the issuance of any building permits to assure that the homes are designed to be compatible and consistent with the "Northwestern" theme of the development. (e) A requirement that In the event any of the CC &Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC &Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC &Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 3.11 Owner shall eneeute a sidewalk easement , e ent with Eagle Sewe.. District for- the side... Iv easement area joea4ed within the Eagle Sewer- Distriet pr-apeFty. The meer-ded exeetited sidewalk easemeRt agreement shall be previded p i ' .. a] of the final work with the Eagle Sewer District and submit a Lot Line Adjustment application to include the sidewalk area currently located in the Eagle Sewer District property to the east of the site. If the Lot Line Adjustment is achieved then the Lot Line Adjustment shall be reviewed and approved by staff and the City Engineer and an approved Record -of -Survey shall be recorded prior to submittal of a final plat application. 3.12 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential and commercial uses. A letter of approval shall be provided to the City from the Idaho Department of Health and Welfare, Department of Environmental Quality, and/or Central District Health, prior to issuance of any building permits. 3.13 The development shall incorporate public art, water features, or other features of interest and pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches, tables, etc.). The amenities shall be reviewed and approved by the Design Review Board prior to the issuance of a Zoning Certificate. 3.14 The single - family dwellings shall be constructed utilizing "Northwestern" style architecture as shown on Exhibit D. The commercial/retail buildings, live /work residential units, townhouses, and pool house shall be constructed utilizing "Northwestern" style architecture as shown on Exhibit E. Eagle Design Review Board approval of the detailed architectural plans for the development is required prior to the issuance of building permits for commercial/retail buildings, live /work residential units, townhouses, pool house, pumphouse for irrigation, and gazebos. Page 61 of 75 KAPlanning DeptTagle Applications\SUBSUOInStillwaler Sub pzf.doc To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CCR &S. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC &R's, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each building within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the design requirements as may be stipulated by the Eagle Design Review Board and Eagle City Council. 3.15 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) landscape screening details and buffering for the residential units adjacent to East Old Valley Street 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), 6) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 7) design of ponds to be constructed in reference to mosquito abatement. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of the first final plat. 3.16 Owner shall provide an Existing Tree Inventory Map (inclusive of species and size) with the submittal of a Design Review application. Owner shall provide a narrative with the Existing Tree Inventory Map indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior to City approval of a tree removal plan and replacement plan. 3.17 All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. 3.18 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property and any such change shall be contingent upon approval by the Army Corps of Engineers, Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if applicable), Ada County, and any other appropriate governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all development and improvement of the Property shall comply with rules and regulations pertaining to regulated wetlands prior to submittal of a final plat application. 3.19 Provide written approval from the Boise River Flood Control District No. 10 prior to submitting a final plat application. 3.20 All buildings shall be setback a minimum of 100 -feet from the floodway line as identified on the Flood Insurance Rate Map (FIRM) associated with the site. 3.21 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9- 4-1-6, minimum ten foot (10') wide asphalt public pathways along the portion of the Property located adjacent to the Boise River and State Highway 44. The pathways shall be constructed concurrently with Phase No. 1 of Stillwater Subdivision. The specific location and design of the pathways shall be approved by the City of Eagle Park and Pathway Development Commission prior to submittal of a design review application. The asphalt pathways shall be located in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section Page 62 of 75 KAPlanning DeptTagle Applications\SUBSUOMStillwater Sub pA .doc 9- 4- 1 -6(E) (2). The instrument number of the recorded easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is located. Other than any pathways approved by Eagle, development within the Floodway shall be prohibited. 3.22 The appheant shall be required to wer-k with the Eagle Sewer- Distfiet to plaee a gr-eenbeft tr-ail eefineefien within the 20 feet wide sewer- easement leeated adjaeent to the eastem beundar-y ef the Fesidential area. If an agFeeement eannet be maehed the appheant shall be required to work with Eagle appFeved by the City of Eagle Park and Pa",ay Development C or- te subwAaal of 3.23 Owner shall vacate the 20 -foot wide Eagle Sewer District sewer easement (identified as Ada County instrument #8313723) located adjacent to the eastern property line prior to submittal of a final plat application. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 4 to 0 to recommend approval of PP -04 -15 for a preliminary plat for Stillwater Subdivision for Next Level Development, LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission and strike through text to be deleted by the Commission: 1. Comply with all conditions within the development agreement for rezone application RZ- 07 -15. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat. 4. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 5. If a reduced buffer area located adjacent to East Old Valley Street is approved, the proposed landscaping located within the street side setback area adjacent to the north property lines of Lots 1 and 37, Block 1, shall be commensurate with landscaping requirements pursuant to Eagle City Code Section 8- 2A- 7(J)(4)(a). The landscape plan shall be reviewed and approved by the Design Review Board prior to submittal of a final plat application. 6. The applicant shall install a three foot (3') high landscaped berm within a 30 -foot wide common lot located adjacent to State Highway 44. The berm area shall be landscaped with the following plants per one hundred (100) linear feet of right of way: two (2) shade trees, three (3) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with one (1) flowering/omamental tree, provided that not more than fifty percent (50 %) of the shade trees are substituted. The landscape plan shall be reviewed and approved by the Design Review Board prior to submittal of a final plat application. 7. Provide landscaping pursuant to Eagle City Code Section 8- 2A- 7(K)(2)(b) to screen the parking areas located adjacent to State Highway 44. The landscaping shall be completed prior to the City Clerk signing the final plat. 8. Provide a revised preliminary plat showing the street sections for the internal streets with detached sidewalks pursuant to Eagle City Code. The revised preliminary plat shall be provided prior to Page 63 of 75 KAPlanning Dept\Eagle Applications\SUBSUO MStillwater Sub pzf.doc submittal of a final plat application. 9. Provide a revised preliminary plat with plat note #2 revised that states, "All residential lots shall have a 10 -foot wide public utility, drainage, and pressurized irrigation easement adjacent to all rear lot lines." The revised preliminary plat shall be provided prior to submittal of a final plat application. 10. Provide a revised preliminary plat with plat note #3 revised that states, "All residential lots shall have a 4 -foot wide public utility, drainage, and pressurized irrigation easement adjacent to all interior lot lines, except for lots within Blocks 4 and 5, which will have no easements adjacent to all interior lot lines." The revised preliminary plat shall be provided prior to the submittal of a final plat application. 11. Provide a revised preliminary plat with an additional sentence added to plat note #8 that states, "Common lots as shown are to be owned and maintained by the Stillwater Subdivision Homeowner's Association." The revised preliminary plat shall be provided prior to submittal of a final plat application. 12. Provide a revised preliminary plat with a new plat note that states, "Minimum building setbacks shall be in accordance with City of Eagle applicable zoning and subdivision regulations or as specifically approved with the development agreement associated with RZ -07 -15 or any subsequent modifications." The revised preliminary plat shall be provided prior to submittal of a final plat application. 13. Provide a revised preliminary plat showing Lot 7, Blocks 5 and 6, to be a minimum sixteen -feet (16') in width with a minimum six -foot (6') wide pathway located within the lots. The revised preliminary plat shall be submitted prior to submittal of a final plat application. 14. Provide a Fevised preliminary plat shewing that no fnere than twe (2) dwelling units take aeeess ftem single driveway prior- te submittal ef a final plat appheatien. if the City Couneil appr-eves fnem than two (2) dwelling units taking aeeess ftem a single driveway th-e The applicant shall provide a revised preliminary plat which contains a plat note that identifies Lot 14, Block 1, as a common lot that a) conveys to the lot owners of Lots 15, 16, and 17, Block 1, the perpetual right of ingress and egress over Lot 14, Block 1, b) provide that the easement runs with the land, c) provide that the owners of Lots 15, 16, and 17, Block 1 shall be responsible for the maintenance of the driveway and common lot, d) provide that a restrictive covenant for maintenance of the common lot and driveway cannot be modified without the express consent of the city. The revised preliminary plat shall be provided prior to submittal of a final plat application. 15. Provide a revised preliminary plat with a new plat note that states, "The interior lot line common to Lots 5 and 6, Block 1, shall have a 10 -foot wide (total 20 -feet wide) public utility easement in favor of the Eagle Sewer District ", the revised preliminary plat shall be provided prior to submittal of a final plat application. 16. Provide a revised preliminary plat showing Lot 6, Block 6, located outside of the Eagle Sewer District 20 -foot utility easement instrument No. 8313723, identified on the preliminary plat, date stamped by the City on September 3, 2015. The revised preliminary plat shall be provided prior to submittal of a final plat application. If the applicant is able to vacate the aforementioned easement a revised preliminary plat showing Lot 6, Block 6, located outside of the Eagle Sewer District utility easement will not be required. 17. Provide a revised preliminary plat with a new plat note that states, "A pressurized irrigation system shall be constructed in accordance with the City of Eagle standards and shall be maintained and operated by the Stillwater Subdivision Homeowners Association." The revised preliminary plat shall be provided prior to submittal of a final plat application. 18. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk signing the final plat. Page 64 of 75 KAPlanning Dept\Eagle AppucationASUBSUOIMSOwater Sub pzf.doc 19. The landscaping located within the 15 -foot street side setback area on Lots 1 and 37, Block 1, shall be generally commensurate with the plantings required pursuant to Eagle City Code Section 8 -2A- 7(J)(4)(a). The landscape plan shall be reviewed and approved by the Design Review Board prior to submittal of a final plat application. 20. Provide a revised preliminary plat with a new plat note that states, "There shall be a 25 -foot wide riparian zone easement measured landward from the mean high water mark landward in which no improvement is permitted and require that riparian vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank and that removal of trees or other vegetation is regulated." The revised preliminary plat shall be provided prior to submittal of a final plat application. 21. Provide documentation from Central District Health Department indicating the individual wells located on the site were properly abandoned. The documentation shall be provided prior to the City Clerk signing the final plat. 22. The applicant shall be required to obtain the proper permit and subsequently abandon the existing septic system and drainfield located on -site. Upon removal the applicant shall provide documentation from Central District Health Department indicating the septic system and drainfield were properly abandoned prior to the City Clerk signing the final plat. 23. Stillwater Subdivision shall remain under the control of one Homeowners Association. 24. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404 - Permit prior to submittal of a final plat application. Should a 404 - Permit be required a copy of the final approval from the Army Corps of Engineers shall be required prior to submittal of a final plat application. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39 -118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31 -3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof, or the subdivider shall provide for underground Page 65 of 75 KAPlanning Dept\Eagle Applications \SUBS\2015\Stillwater Sub pztdoc tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9- 4- 1 -9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on -site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC &R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right -of -way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards.The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right -of -way, prior to the City Engineer signing the final plat. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. Page 66 of 75 KAPlanning Dept\Eagle Applications \SUBS \20I5\StWwatcr Sub pzEdoc 15, An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. C. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. M. Covenants, homeowner's association by -laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision - making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by -laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Parks and Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development Commission prior to approval of the final plat by the City Council. 20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required ". 22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. Page 67 of 75 KAPIanning DeplWagle AppticationASUBSUOMStillwater Sub pzf.doc 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 24. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 25. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 26. Basements in homes in the flood plain are prohibited. 27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 28. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 29. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9 -6 -5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98 -3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 31. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 32. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 33. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the Page 68 of 75 KAPlanning DeptTagle Applications \SUBS\2015\StWwater Sub pzf.doc site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4 "x 4" posts with the bottom of the sign being a minimum of 3 -feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: The Commission reviewed the particular facts and circumstances of this proposed comprehensive plan amendment (CPA- 04 -15) and based upon the information provided concludes that the proposed comprehensive plan text and map amendment is appropriate because the current Business Park Designation prohibits the inclusion of residential use in the implementing zone. Further, the Commission finds that the Mixed Use designation and text changes to the SH -44 and Ballantyne Planning Area is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The Comprehensive Plan lists goals to "Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, ... and transportation systems" as well as promote "a high quality of life and livability in the community." Because sewer and water are immediately available to the area, there will be no requirement to extend these services and no additional costs to do so, other than by those who will develop the properties. b. The proposed change will provide for a "diversity of housing" within an already identified "activity center" within the City's comprehensive plan. The site is located within '/a mile of the major transit route (SH -44) and the Boise River Greenbelt system. The proposed use will provide for goods and services in an area that is located more than '/a mile from existing goods and services. c. The proposed change will allow for the property to better conform to the Comprehensive plan goals for properties located along "Regional Transposition Corridors" by limiting access to SH -44, providing a parallel collector to the arterial network, promoting local connectivity outside of the state highway system, and preserving and enhancing connectivity to the Boise River Greenbelt system. 2. The Commission reviewed the particular facts and circumstances of this proposed development agreement (RZ- 07 -15) with regard to Eagle City Code Section 8 -7 -5 "Action by the Commission and Council ", and based upon the information provided concludes that the proposed rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The zoning designation of MU -DA (Mixed Use with a development agreement) is consistent with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the R -1 (Residential), A -R (Agricultural- Residential), and R- 2 -DA -P (Residential with a development agreement — PUD) zones and land uses to the north since State Highway 44 separates this development from the properties located north of the state highway; d. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the PS (Public /Semi- public) and (RUT — Ada County designation) zones and land use to the south since the development is bordered on the south by the Boise River; Page 69 of 75 KAPlanning DeptTagle Applications\SUBSUOMStillwaler Sub pzf.doc e. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the PS -DA (Public /Semi- public with a development agreement) zone and land use to the east since the Eagle Sewer District treatment facility is located on the property. The Eagle Sewer District property also contains a landscaped buffer located adjacent to the property line shared with the subject development; f. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the A -R (Agricultural - Residential) zone and land use to the west since that area may be developed with use(s) associated with a BP (Business Park) zoning designation in the future; g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan and the applicant will be required to submit applications to address the city's concerns regarding development within those areas prior to developing the property; h. No non - conforming uses are expected to be created with this rezone. 3. The Commission reviewed the particular facts and circumstances of this proposed development agreement in lieu of a PUD, and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. That the proposed time schedule for development of the site will occur in a timely manner. The proposed time schedule for development of the site is proposed to commence with infrastructure construction in early 2016 with vertical construction to follow in the summer of 2016. The project is anticipated to be built in a single phase. b. That the applicant provided documentation to show that they have sufficient control over the land, and the financial means, to initiate the proposed development plan within one year after City Council approval. Next Level Development, LLC, has entered into a purchase agreement contingent upon receiving entitlements for the project from the City of Eagle. Upon receiving approvals Next Level, LLC, will purchase the properties in preparation to develop the site for homes and commercial buildings to be available in 2016. c. That 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 proposed Stillwater Subdivision will attract new residents who will support local businesses and contribute to the tax base. Also, the mix of uses in the project will provide an array of employment opportunities for the area and provide easy access to shops and stores. d. That 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 designed to complement the general vicinity and provide aesthetically pleasing architecture to enhance the character of the area. The applicant will also be required to The commercial portion of the project is designed to create a pedestrian friendly neighborhood atmosphere that is inviting not only to residents of the Stillwater development, but to those in the surrounding neighborhoods, as well. e. That the development will not be hazardous or disturbing to existing or future neighborhood uses because; Page 70 of 75 KAPlanning DeptTagle Applications \SUBS\2015\Stillwater Sub pzf.doc Presently there are no existing neighborhoods located immediately adjacent to the site. The design of the Stillwater development provides for a transitional separation between its most intense use (commercial along SH -44) and its new single - family residential area (south of Old Valley Street). The project also provides a stub street to the west, which will allow for future connectivity should the adjoining properties be developed in the future. f. That 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. Anticipated traffic and noise levels are consistent with this type of development and the style of development for this area contemplated within the Comprehensive Plan. A traffic impact statement has been provided to ACHD and TTD that was considered during their reviews prior to providing comment to the city. g. That 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; The tax revenue generated from residents and businesses within Stillwater Subdivision will offset additional costs to public services that will serve this development. The applicant has already obtained will -serve letters from Eagle Sewer District and United Water of Idaho. ACHD and TTD have reviewed the proposed development and provided correspondence approving the development. h. That 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 Eagle Sewer District, United Water Company of Idaho, or ACRD. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses. Also, the additional tax revenue received from the development will contribute to services such as schools, police, and fire protection. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non -PUD proposal because; The development is proposed with common areas that will contain a swimming pool and a small changing facility for use by the residents. The common areas will also have walking paths providing access throughout the development. The open space within the development will also include two (2) ponds located in the southern area of the project to be utilized for irrigation and drainage. A portion of the site is located within the Boise River floodplain and will be developed in accordance with Eagle City Code Title 10, Flood Control District No. 10, and FEMA requirements regarding floodplain development. The portion of the site located in the floodway will be left in its native riparian state with greenbelt improvements that will provide access along the river to the public. j. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares because; Page 71 of 75 KAPIanning Dept\Eagle Applications \SUBS\2015\Stillwater Sub pzEdoc Access to the development will be from West State Street providing access from State Highway 44 at the eastern property boundary. The access to State Highway 44 will be constructed pursuant to the requirements of the Idaho Transportation Department. The interior streets will be public and will be constructed pursuant to the requirements of the Ada County Highway District. k. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance because; The scenic riparian area located near the Boise River will be left in its natural state. The project will be reviewed through a formal SHPO review to determine if there are significant historical features and, if so, appropriate mitigation and/or documentation will be required. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan because; The proposed development is in accordance with the Comprehensive Plan since the plan calls for Mixed Use for the overall development. The floodway area will be maintained in its natural state. m. That 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; The applicant has requested approval for a development agreement in lieu of a PUD as outlined in Eagle City Code and the application satisfies those requirements as well as will be required to meet the conditions herein. In addition, the applicant will be required to submit a design review application and comply with all Eagle City Codes and conditions of approval of the design review. The proposed development will include a mix of commercial and single - family development areas. n. That 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 a mix of single - family and commercial uses. The commercial portion of the development will provide employment opportunities and access to restaurants, shops, and services for the residents of the development and the surrounding area. The requested deviations from the standard district regulations (i.e., increased lot coverage, reduced lot size, reduced setbacks, height exception, the use of "Northwestern" architecture) are warranted based on site design and proposed architecture of the buildings. The development will contain 51 % of open space to offset the increased lot coverage, reduced lot sizes, and reduced setbacks. The applicant is required to submit a design review application for the subdivision to be reviewed and approved by the Design Review Board prior to submittal of a final plat application. Also, the Commission determined the height exception to 42 -feet should be granted based on the proposed architecture of the live /work buildings and the design and architecture of the buildings is required to be reviewed and approved by the Design Review Board prior to construction. o. Provide an estimate of the public service costs to provide adequate service to the development. The water, sewer, and roadways will be constructed and funded by the developer. The infrastructure necessary to serve this property with fire, police, and other public services already exists. The revenue generated from taxes will cover the additional manpower necessary to serve this property once developed. The public services that will be provided to the development include the following: Fire The project is located within the Eagle Fire District. Police Page 72 of 75 KAPlann ng DeptTagle Applications \SUBS\2015\Stillwater Sub pzf.doc The project will be served by the Eagle Police Department. Water The project is located within United Water of Idaho certificated area. Sewer The applicant will be required to comply with the requirements of the Eagle Sewer District. Road Construction The construction of all interior roads will be completed by the developer. Upon completion the roads will be dedicated to ACHD. Open Space The development will contain over 51% of passive and active open space providing residents with pathways, swimming pool, and ponds. A system of public and private pathways will provide pedestrians with a safe and efficient way to move throughout the property. Maintenance The maintenance of any private open space areas will be regulated by the Stillwater Subdivision Homeowner's Association. The public roads will be maintained by ACHD. The sewer and water systems will be publicly owned and maintained once installed. Schools The residents of Stillwater Subdivision are located in the West Ada School District boundaries. p. Provide suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. Because the developer provides the services in the initial stages of the development the public service providers avoid potential liability and expenses. q. The estimated tax revenue generated to the City of Eagle from the development is approximately $501,176.00 /year (without Homeowner's Exemption). r. Provide suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development. The costs of public services for the development will be offset by the user fees and tax revenue generated by the homes and businesses located within the Stillwater development. For a request of up to 10% of the gross land area to be directed to uses other than residential (i.e.; commercial, industrial, public, and quasi - public uses that are not allowed in the land use district): s. That the uses are appropriate with the residential uses. The flex lot anticipated to contain the fuel station and restaurant with drive- through is located at the east end of the development and not immediately adjacent to the single - family residential area. These facilities will serve the residential uses within the site and allow the project to have a level of self - sufficiency. t. That the uses will serve principally the residents of the PUD. The fuel station and restaurant with drive- through will serve the residents of Stillwater, but will be located at the existing traffic signal on State Highway 44, which will allow it to also serve the highway traffic. u. That the uses are planned to be an integral part of the PUD. The fuel station and restaurant with drive - through will be designed to complement the other Page 73 of 75 KAPlanning DeptTagle Applications \SUBS \2015\StiDwater Sub pzf.doc commercial components proposed within the development while serving the residents of Stillwater Subdivision. v. That the uses located and designed to provide direct access to a collector or arterial street. The fuel station and restaurant with drive - through will be located at the southwest corner of West State Street (collector) and State Highway 44 (principal arterial) at the existing traffic light. w. That the proposed street connection will not create congestion or traffic hazards. The proposed right -in -only entrance from West State Street will aid in preventing traffic from backing up into the signalized intersection, while the full access entrance (East Old Valley Street) will provide traffic with the ability to exit back out to the signal or continue into the neighborhood. 4. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat (PP- 04 -15) and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 9 (Subdivisions) because: a. The requested preliminary plat complies with the approved zoning designation of MU -DA (Mixed Use with a development agreement). b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City Code since the development is consistent with the Comprehensive Plan Land Use Map designation of Mixed Use and provides the required improvements for a subdivision or as may be conditioned herein; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such use will not change the essential character of the same area and because this site will be designed in accordance with the standards of Eagle City Code and the proposed commercial buildings consisting of a "Northwest" style of architecture will be required to be reviewed and approved by the Design Review Board prior to construction; d. Will not create excessive additional requirements at public cost for facilities and services as the site will be served with central sewer from the Eagle Sewer District and will use public water to be served from United Water Company. Fire protection will be available from the Eagle Fire Department and fire hydrants will be provided where required; e. Will have vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares since the project is required to be reviewed and approved by the Ada County Highway District and the Idaho Transportation Department and is subject to the conditions herein; f. While there is no capital improvement program, the developer is required to install public improvements as conditioned herein, or are expected to be installed with the development of individual lots as conditions of approval; g. That based upon agency verification and additional written comments provided, or as conditioned herein, there is adequate public financial capability to support the proposed development; h. That any health, safety and environmental problems that were brought to the Commission's attention have been adequately addressed by the applicant or will be conditions of the preliminary plat and subsequent final plat approval as set forth within the conditions of approval herein. Page 74 of 75 KAPUnning DeptTagle Applications \SUBS\2015\Stillwater Sub pzf.doc DATED this 7th day of December, 2015 PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright, Chairman ATTEST: :'Ja C�A� Sharon K. Bergmann, Eagle Ci Clerk ,,,,.%goose...,,,. NPLE V • ti �• Q � •••M : .•• •• 04 •�: Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis. Page 75 of 75 KAPlanning Dept Eagle AppbcatlonASUBSUO MStillwater Sub pzf.doc