Findings - CC - 2015 - CPA-01-15/A-01-15/RZ-04-15 - Cpa From Tr To Mu-Da/In Lieu Of Conditional Use PermitBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
COMPREHENSIVE PLAN MAP AND TEXT
AMENDMENT FROM TRANSITIONAL RESIDENTIAL
TO MIXED USE AND AN ANNEXATION AND REZONE
FROM RUT (RURAL -URBAN TRANSITION) TO
MU -DA (MIXED USE WITH A DEVELOPMENT
AGREEMENT [IN LIEU OF A CONDITIONAL USE
PERMIT]) FOR LR5, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA- 01- 15/A -01 -15 & RZ -04 -15
The above - entitled comprehensive plan map and text amendment and annexation and rezone applications
came before the Eagle City Council for their consideration on September 22, 2015, at which time public
testimony was taken. The Council, pursuant to Idaho Code 67 -6510, directed staff and Council
representative(s) to mediate with the applicant and other affected parties and bring the potential changes
back for Council consideration at a future date. Mediation sessions were conducted on October 21 and
October 28, 2015. Upon completion of the mediation session an agreement was not reached. Thereafter,
the applicant requested Council review and consideration of two additional development concepts for the
property: 1) A multi - family development consisting of 10- buildings (9- multi - family buildings containing
100 -units and 1 -club house), 10- single- family homes and 2- commercial buildings, including a height
exception to 39 -feet, 2- inches), and 2) A multi - family development consisting of 11- buildings (10- multi-
family buildings containing 148 -units and 1 -club house) including a height exception to 39 -feet, 2- inches.
Upon completion of the mediation, the applications were re- noticed and the above - entitled applications
came before the City Council for their action on November 17, 2015, at which time the applicant presented
an additional option: A mixed use development consisting of 9- buildings (8- multi - family buildings
containing 85 -units and 1 -club house), 10- single - family homes and 3- commercial buildings (1- self - storage
building) including a height exception to 39 -feet, 2- inches. The City Council, having heard and taken oral
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
LR5, LLC represented by Shawn Nickel with SLN Planning, is requesting a Comprehensive Plan
Text Amendment to amend the density language for the "Rim View Planning Area" and a
Comprehensive Plan Map Amendment to change the future land use map designation from
Transitional Residential to Mixed Use, and an annexation and rezone from RUT (Rural -Urban
Transition — Ada County Designation) to MU -DA (Mixed Use with a development agreement [in-
lieu of a conditional use permit]) to construct a 166 -unit apartment complex. The 11.13 -acre site
is located approximately 1,300 -feet north of the intersection of Chinden Boulevard (SH- 20/26) and
Linder Road at 6940 & 6910 North Linder Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Eagle Sewer District office, 44 N. Palmetto Ave., at 6:00
PM, January 28, 2015, in compliance with the application submittal requirement of the Eagle City
Code. The City of Eagle received the applications for this item on March 19, 2015.
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C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on May 25, 2015. Notice of this public hearing was mailed to property owners within
three - hundred feet (300 -feet) of the subject property in accordance with the requirements of Title
67, Chapter 65, Idaho Code and Eagle City Code on May 18, 2015. Requests for agencies' reviews
were transmitted on March 23, 2015, in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with Eagle City Code on June 5, 2015.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 31,
2015. Notice of this public hearing was mailed to property owners within 300 -feet of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on August 26, 2015. The site was posted in accordance with the Eagle City Code on
September 11, 2015.
Post Mediation:
Due to the inclusion of non - residential uses in the post- mediations options from the applicant, the
application was re- noticed. Notice of Public Hearing on the application for the Eagle City Council
was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City Code on November 2, 2015. Notice of this public hearing was mailed to property owners
within 300 -feet of the subject property in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and Eagle City Code on November 2, 2015.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
CPA- 01 -99: The 2000 Eagle Comprehensive Plan designated the area as Residential One (up to 1
unit per acre) and Estates Residential (up to 1 unit per 2 acres), similar to the Bunderson/Sandy
Springs Subdivision to the north of the site that was developed under Ada County's jurisdiction.
The site in questions was designated as Residential One.
CPA- 02 -04: The Western Area Plan Comprehensive Plan began a significant shift in the uses and
intensity within this area. The 2004 Comprehensive plan recognized the importance of the Linder
Road bridge crossing and thus established a small 5 -acre commercial area with 5 -acres of
professional office to provide a transition to the Estates Residential designation. The site in
questions was designated as Transitional Residential with an overall density of 1 unit per acre.
CPA- 05 -05: Requested to expand the commercial area from 5 -acres to 40 -acres at the NE corner
of the Chinden and Linder Intersection. The proposal was for a big box development with
undisclosed tenants. The application was withdrawn.
CPA- 05 -08: Eisenberg Properties submitted an update version of the 2005 application with the
main tenant being Fred Meyers. The application was approved changing the 40 -acres at the NE
corner of the Chinden and Linder intersection to Mixed Use. All references to professional office
were removed. The site in questions was designated as Transitional Residential with an overall
density of 1 -2 units per acre.
CPA- 07 -08: Wilson Properties submitted an application to convert the 86.9 -acre Foxtail Golf
Course from Public /Semi - Public to Mixed Use to accommodate a mixed use development
including commercial, office, multifamily and single family. The site in questions was designated
as Transitional Residential with an overall density of up to 2 units per acre.
CPA- 02 -14: Brighton Corp submitted an application to change the comprehensive plan land use
map and text from Transitional Residential (up to 2 units per acre) to Mixed Use for a 27.85 acres
site (including this property). The City approved a change to the sub area text to double the density
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in the area from 2 units per acre to 4 units per acre for the development of Gated Gardens
Subdivision but denied the map amendment to Mixed Use and densities up to 20 units per acre.
Note: The site in question was initially part of application # CPA -02 -14 but was withdrawn at the
time of the City Council hearing because the applicant wanted up to 20 units per acre on the site.
The City Council proceeded with the legislative change to the text of the subarea which included
the property in question being changed from up to 2 units per acre to up to 4 units per acre.
D. COMPANION APPLICATIONS: All applications are inclusive herein.
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
A. SITE DATA:
Total Acreage of Site — 11.13 -acres
Total Number of Units — 166 (original application)
Single - family — 0
Duplex — 0
Multi - family —166
Additional submittals:
1) A multi - family development consisting of 10- buildings (9- multi - family buildings containing
100 -units and 1 -club house), 10- single - family homes and 2- commercial buildings, including a
height exception to 39 -feet, 2- inches)
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Transitional
RUT (Rural -Urban
Single family residential,
Residential (up to 4
Transition — Ada
contractor's storage, and
units per acre)
County)
landscape business
Proposed
Mixed Use
MU -DA (Mixed Use
Up to 14.9 dwelling units per acre
with a Development
multi - family /apartments
Agreement)
North of site
Transitional
MU -DA (Mixed Use
Housing for older person and
Residential
with a development
townhomes (Gated Gardens
agreement)
Subdivision 3.21 units /acre)
South of site
Mixed Use
C -3 -DA (Highway
Eagle Island Market Place — Fred
Business District with a
Meyers and associated uses
development
agreement)
East of site
Transitional
MU -DA (Mixed Use
Housing for older person and
Residential
with a Development
townhomes (Gated Gardens
Agreement)
Subdivision 3.21 units /acre)
West of site
Residential Two (up
RUT (Rural -Urban
Single Family Residential
to two units /acre)
Transition — Ada
(Almaden Acres Subdivision 1
County)
unit/5acres)
LDS Temple (under construction)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
A. SITE DATA:
Total Acreage of Site — 11.13 -acres
Total Number of Units — 166 (original application)
Single - family — 0
Duplex — 0
Multi - family —166
Additional submittals:
1) A multi - family development consisting of 10- buildings (9- multi - family buildings containing
100 -units and 1 -club house), 10- single - family homes and 2- commercial buildings, including a
height exception to 39 -feet, 2- inches)
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2) A multi - family development consisting of 11- buildings (10- multi - family buildings containing
148 -units and 1 -club house) including a height exception to 39 -feet, 2- inches.
3) A mixed use development consisting of 9- buildings (8- multi - family buildings containing 85-
units and 1 -club house), 10- single - family homes and 3- commercial buildings (1 -self- storage
building) including a height exception to 39 -feet, 2- inches.
ADDITIONAL SITE DATA
PROPOSED
REQUIRED
Dwelling Units Per Gross Acre
14.9- dwelling units per acre
Up to 4 -units per acre
maximum*
Total Acreage of Landscaped Area
3.26 -acres
1.67 -acres (minimum)
Percent of Site as Landscaped Area
29.3%
15% (minimum)
* The site is designated as "Transitional Residential" within the Comprehensive Plan. The text of the plan
states the density in the area may be up to 4 units/acre. The "Required" density, noted above, is based on
the total maximum units allowed pursuant to the existing Comprehensive Plan Land Use designations.
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE DEVELOPMENT
AGREEMENT MODIFICATION:
See applicant's justification letter, date stamped by the City on April 1, 2015 (attached to the staff
report).
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The site plan, date stamped by the City on March 30, 2015, shows a buffer area varying in size
from 50 -feet to 75 -feet in width located adjacent to Linder Road to provide for a landscaped buffer
area as required pursuant to Eagle City Code Section 8- 2A- 7(J)(4)(c). The concept plan also shows
a proposed five -foot (5') wide detached sidewalk located adjacent to Linder Road.
Open Space:
The site plan, date stamped by the City on March 30, 2015, indicates the site contains 3.26 -acres
(29.3 %) of open space. A minimum of 15% open space is required pursuant to Eagle City Code
Section 8- 2A- 7(B)(1). Although the applicant is not proposing separate common lots for the
required landscaped berm, clubhouselpool, and areas surrounding the proposed units. .
On -site Septic System (yes or no) — Yes — The site contains two (2) existing homes that are
connected to separate septic systems.
Preservation of Existing Natural Features:
Eagle City Code Section 9 -3 -8 (B) states that existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees, watercourses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. The site
has mature trees located adjacent to the existing structures located on -site.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
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K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Central sewer will be provided to the northern boundary of the site through the Gated Gardens
Subdivision. The remaining properties are not in the Eagle Sewer District boundaries. The Eagle
Sewer District has indicated that residential and non - residential uses could be accommodated on
the site with the exception of "uses that will generate wastewater flows in excess of normal
commercial use such as, but not limited to, hotels, fitness centers, laundromats, car washes, and
assisted living or retirement centers." A request for annexation into the sewer district will be
required before services can be extended. The proposed site is located in the United Water service
area. Fire and emergency medical service will be available from the Meridian Rural Fire District.
The site accesses N. Linder Road approximately 1300 -feet north of US Highway 20/26 (Chinden
Boulevard). A residential collector is proposed to connect from Linder Road east through the
Bodily - Bunderson property to the Reynard and Ashbury Subdivisions. Police protection is
provided by Ada County through contract with the City of Eagle.
L. PUBLIC USES PROPSED: None proposed
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — no
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes — located adjacent to the two (2) existing homes and accessory structures located
on -site
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — no
Wildlife Habitat — no
O. NONCONFORMING USES: No nonconforming uses will be created by the action herein.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached the staff report.
Comments which appear to be of special concern are noted below:
Ada County Highway District
Idaho Department of Fish and Game
Idaho Smart Growth
Q. LETTERS FROM THE PUBLIC: See Public Hearing of the Council and Post Mediation Public
Hearing of the Council Sections herein (pages 36 -39).
R. APPLICANT'S REQUEST FOR COMPREHENSIVE PLAN MAP AND TEXT AMENDMENT:
The applicant is requesting the City change the Future Land Use Map designation of the 11.13 -acre
site from Transitional Residential (up to four units /acre) to Mixed Use (Multi - family up to 20
units /acre).
The applicant is requesting to modify paragraph A.4, of Section 6.8.7 — Rim View Planning Area
of the Comprehensive Plan as follows:
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OF
Residential Densities up to 20 units tier acre may be allowed in the Mixed Use Area south of
the new residential collector, abutting Linder Road and immediately north of the commercial
center located at the NE corner of the Chinden Boulevard and Linder Road intersection to
facilitate residential development including patio style homes and multi - family development
within this area. Additional non - residential uses shall be prohibited in this area_
Pursuant to the Eagle Comprehensive Plan "Amendment Procedures" the applicant shall address
the following items:
Any person may petition the Planning and Zoning Commission for a plan amendment at any time.
The applicant shall submit a letter for a Comprehensive Plan amendment which will contain the
following:
1. Specific description of the change being requested.
2. Specific information on any property involved.
3. The condition or situation which warrants a change being made in the plan.
4. The public need for a benefit from such a change in the plan.
5. A statement that no other solutions to the problem presented by the current policy of the Plan
are possible or reasonable.
6. Proposed development for any land involved.
7. Any other data and information needed by the Planning and Zoning Commission in
evaluating the request.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The property is currently zoned RUT (Rural Urban Transition up to 1 unit/5 acres - Ada County).
The Comprehensive Plan Future Land Use Map designates the site as Transitional Residential up
to four units per acre.
Chapter 1 — Overview
1.1 City of Eagle Statement of Purpose
The purpose of the Eagle Comprehensive Plan is to develop a set of guidelines that the City
will use to promote the health, safety, and general welfare of the residents who live in the City
of Eagle and its Area of City Impact (AOI). To achieve that purpose, the City of Eagle will
strive:
A. To protect property rights and enhance property values.
C. To ensure that the economy of the City of Eagle and its AOI is protected and enhanced.
F. To avoid undue concentration of population and overcrowding of land.
G. To ensure that the development of land is commensurate with the physical characteristics
of the land.
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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 (TTD) has
released plans to improve State Highway 16 from a two (2) lane roadway to at
least a nine (9) lane system (including right -of -way) in excess of one quarter
(1/4) mile wide. This creates an enormous and significant landmark or
geographic boundary separating the properties east of State Highway 16 from
those on the western side. This new transportation corridor will be a
significant east -west barrier between Eagle and Star that will create an
impediment for pedestrians, bicyclists, youth and the elderly or anyone unable
to use motorized transportation. In addition, it is unlikely that property owners
east of the new highway corridor will feel identified with a city center that is
entirely cut off to the west. (See Map 1.1) Historically in Ada County, state
highways have been used as area of impact boundaries. For example, State
Highway 44 forms portions of the respective common boundaries between
Boise and Garden City. State Highway 55 forms portions of the respective
common boundaries between Meridian and Boise as well as Boise and Eagle.
State Highway 20/26 forms a boundary between Meridian and Eagle.
C. Annexation in the Future: At the time of this planning effort, the City of Eagle
had received numerous requests for annexation from properties reaching to the
State Highway 16 corridor and north into the Eagle Foothills. If these
applications are approved, Eagle's city limits would be bordered to the West
by State Highway 16, to the South by State Highway 20/26 and to the North
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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 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
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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.
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.
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Chapter 5 — Economic Development
5.1 Background
The economic development component of the Comprehensive Plan presents a discussion of the
economics and employment in Eagle. The city encourages appropriate economic development
while retaining those attributes that give Eagle its special living and working environment.
5.3 Economic Development Goals
A. Ensure the ability for the City to continue to fund, improve and support itself, including
infrastructure, without the use of building permit fees, impact fees and zoning fees.
B. Identify areas that will provide significant employment opportunities to the residents of the
City of Eagle thereby allowing the City to be a desirable place to live, work, and recreate.
C. Identify areas that, due to the nature of existing uses, future uses and/or transportation
corridors, will lend themselves to increased business activity and nonresidential use so as
to preserve larger areas as primarily residential neighborhoods.
D. Increase available jobs within the City of Eagle to levels comparable with adjacent
communities.
Chapter 6 — Land Use
6.1 Background
Managing growth and channeling it into orderly community development is the key element
of land use planning. Unplanned growth results in undesirable land use patterns. Areas within
the City and within the City's planning areas are given land use designations which are depicted
on the Comprehensive Plan Land Use Map, hereinafter referred to as the "Land Use Map ".
(See Map 6.1 & 6.2)
The Land Use Map is an integral part of the Comprehensive Plan. It serves as a planning policy
document and planning tool that will assist the City in sustaining responsible growth and
development to ensure that evolving land use patterns remain consistent with goals, objectives
and strategies of the Plan.
Land use designations as reflected on the Land Use Map are based on the existing land use
pattern, existing natural physical features such as the Boise River, Dry Creek and the foothills,
floodplain areas, capacity of existing community facilities, projected population and economic
growth, compatibility with other uses of the land, transportation systems, and the needs of local
citizens.
As a part of the review of the 2000 Comprehensive Plan, the City completed a land capacity
analysis of the economic sustainability of the existing AOI and future growth areas for the City.
This study found that the City of Eagle, though stable and united in its vision to develop a city
with a uniquely rural character, did wish to establish long term sustainability for the City as it
approached build out.
The 2007 Comprehensive Plan detailed the following uses for the incorporated City and the
AOI:
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Table 6.1— Mixture of Land Uses
Mix of Uses (including Foothiiis)
o ninendal,
Mixed Use.
Business, &
Industrial 62od;D ■ Residential
30%
o Paricslopen
space
Bro
6.3 Land Use Designations
Development density shall be calculated by project. Unused density for undeveloped or
underdeveloped land adjacent to or within the same land use designation will not be transferred
or used to "balance" or "maximize" densities within an area. Clustering will only be allowed
as specified in the "Parks, Recreation, and Open Spaces" chapter of the Comprehensive Plan.
For the purposes of this comprehensive plan, the density shall be defined as the ratio of the
total number of dwelling units within a project divided by the total project area. Should that
number be a fraction, it shall be rounded up to the nearest whole number, except where the
comprehensive plan details a fractional density, and then the density shall not exceed the
number described in the comprehensive plan.
The land use designations on the Comprehensive Plan Land Use Map, and as may be referred
to within the text of the Comprehensive Plan, are defined on the Land Use Designation Matrix,
Table 6 -1, and Zoning Compatibility Matrix, Table 6 -2, and are as follows:
6.3.8 The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this
site as the following:
Residential Transition
Residential development that provides for a transition of density within the planning
area while keeping in context the density, scaling and lot sizes of existing or
proposed uses. Commonly requires changes in lot dimensions and scaling, see
specific planning area text for a complete description.
High Density Residential
Suitable primarily for multi - family housing including apartments, town homes and
duplexes within the urbanized setting adjacent to designated transit corridors. An
allowable density of 8 to 20 units per 1 acre.
6.3. 10 The applicant is proposing to designate the site as the following:
Mixed Use
Residential development that provides for a transition of density within the planning
area while keeping in context the density, scaling and lot sizes of existing or proposed
uses. Commonly requires changes in lot dimensions and scaling, see specific planning
area text for a complete description.
6.4 Land Use Goals
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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.
I. Require residential subdivisions outside the City limits but within the Impact Area to
comply with the Land Use Map. Cluster developments located outside the City limits but
within the Impact Area shall not be permitted. Furthermore, residential subdivisions
outside the City limits but within the Impact area shall be developed with lot sizes
consistent with the respective land use designation as stated in Section 6.3 within this
Chapter.
K. Institute a PUD ordinance to facilitate and regulate cluster development.
S. Encourage a variety of housing through such mechanisms as PUD's in subdivisions
including large lot subdivisions.
V. Maintain a Future Land Use Map that encourages higher densities around activity centers
and transit routes but also provides for large residential areas that continue to promote the
rural character of the City of Eagle. (See Map 6.1 & 6.2)
W. Use smaller planning areas to help guide development in the western planning area. (See
Map 6.3)
X. Limit non - residential uses to designated areas, with scaling and intensity paramount to
the approval of these uses.
Y. Require design treatments to provide compatibility of new development with existing
development by considering such issues as building orientation, increased setbacks, height
limitations, size restrictions, design requirements, fencing, landscaping or other methods
as determined through the development review process.
Z. Subject to all commercial and subdivision development within the City to Design Review.
CC.Discourage mid -block commercial development along arterial and collectors unless it is
specified in the plan.
6.8.7 Rim View Planning Area
The Rim View Planning Area contains a large amount of existing residential uses that have
been developed as one -acre and five -acre lots through the Ada County development
process. The future land uses in the area are predicated on Linder Road being the only
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Eagle City river crossing between Eagle Road and Star Road, the need to buffer and
preserve the existing residential developments, and the need to provide commercial
opportunities along the regional transportation corridors south of the Boise River. Because
of the alignment of the State Highway 16 crossing moving further to the west (to
McDermott), no clear funding option or timeline for the SH 16 crossing, and recent
changes in nearby city limit boundaries (Meridian), the previously planned regional
commercial area at Black Cat no longer is a viable location for the City of Eagle.
A. Uses
The land use and development policies specific to the Rim View Planning Area
include the following:
1. A forty acre commercial area located at the northeast corner of the intersection of
Chinden Boulevard and Linder Road is to be designed and developed as a unit.
This commercial area is intended to serve the Eagle community as a gateway into
town before crossing the river.
2. Areas designated as Transitional Residential should have an average residential
density of up to 2 units per acre. Units should be clustered to provide for
transitional lot sizes to ensure compatibility of new residential uses to existing
residential uses.
3. Patio home styles and alternative lot sizes may be allowed in conjunction with
exiting open space and recreation areas located in the Rim View Area. The patio
homes and townhouses may be located near the commercial area.
4. Residential Densities up to 4 units per acre may be allowed in the Transitional
Residential Area south of the new residential collector and north of the
commercial center located at the NE corner of the Chinden Boulevard and Linder
Road intersection to facilitate the development of patio style homes within this
area.
5. Land uses that are determined to generate wastewater flows in excess of normal
residential or commercial uses such as, but not limited to, hotels, fitness centers,
laundromats, car washes, and assisted living/retirement centers should be
prohibited in this area.
B. Access
1. Access to the area should focus on new internal linkages that allow adjacent
parcels to provide pedestrian and vehicle connectivity into the Rim View Planning
Area.
2. Primary access should be from a new residential collector connecting Linder
Road to Meridian Road with limited access onto Chinden Boulevard only in
accordance with TTD's access management policies. All accesses should be
designed to allow traffic to flow through the area connecting Meridian Road to
Linder Road may provide the opportunity of future east/west residential collector
linkage within the planning area. Cross - access and local stub streets should be
used to allow the planning area to be interconnected without the need to access
the arterial and state highway network.
3. Internal and interconnected circulation should be used to move traffic within
the non - residential area, helping to mitigate the number of local vehicle trips
entering State Highway 20/26 and Linder Road to access commercial and
mixed use services and create cross access into adjoining properties.
4. Chinden Boulevard and Linder Road should be recognized as a gateway
corridor to the City of Eagle and development should adhere to proper
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berming, landscaping, and appropriate setbacks to prevent the encroachment
of abutting uses into future corridor improvements. This would protect the
viability of the regional transportation corridor as well as buffer the abutting uses
from the impacts of the corridor.
C. Design
1. This area is recognized as a gateway to the City of Eagle, to be integrated
with appropriate landscaping, entry features, and place- making features in
the design of the area.
2. Design of this area should be compatible to the existing residential uses
currently present in the area and future mixed uses.
3. Design of commercial and office uses should be compatible with the existing
residential uses and contain significant landscaped buffers to reduce impacts and
appealing building design elements to promote a cohesive character.
Commercial development should provide for indirect vehicle connections and for
safe and efficient pedestrian linkages to the mixed use and residential areas
adjacent to the site. (See Illustration 6.5)
4. Both Chinden Boulevard and Linder Road should be developed with a detached
sidewalk and planting strip adjacent to the back of curb, further solidifying the
purpose and character of the gateway corridor of Chinden Boulevard.
5. Signage for all non - residential uses should be designed to be consistent and
complimentary, with place- making being the primary objective and
identification of uses being secondary.
6. Non - residential areas should be designed with features and materials intended to
compliment and buffer residential uses and to avoid creating a tunnel or wall effect
along the backside of the large buildings.
Illustration 6.5: Regional Commercial Center Layout
D. Issues
1. One of the main concerns in the development of this area is the ability to
properly balance and buffer the commercial uses with existing residential uses.
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The Mixed Use and Transitional Residential areas should be designed in a
manner that provides a cohesive transition and promotes local connectivity
between the commercial and residential uses, incorporating elements that will
provide a common and complementary identity between such uses.
Considering the large amount of undeveloped or underdeveloped land within the
planning area, each proposed project should be evaluated for the potential to
provide linkages and connectivity to adjacent parcels. This is necessary to establish
a functioning local and collector roadway system to supports the regionally
significant roadways at the south and west of this area.
2. As this area develops, consideration should be made of the transitory uses that
have been approved by Ada County which may be nearing their end.
Chapter 8 — Transportation
8.2 Street Classifications
A roadway system must include a number of streets, each of which are designated to handle
a particular type and amount of traffic. The Community Planning Association
(COMPASS) Functional Street Classification Map illustrates the various classifications of
roadways that are included in the Ada County roadway system. The Eagle section of the
COMPASS Functional Street Classification Map and Regional Transportation Plan should
consider the City of Eagle Transportation/Pathway Network Maps #1 and #2.
• Principal arterials provide major circulation and movement through urban areas and
to connect with major activity centers and freeways outside the City of Eagle.
Principal arterials are regional roadways and provide travel routes for longer trips.
On -street parking is prohibited.
• Residential collector streets intercept traffic from local streets and minor numbers of
abutting parcels and carry the traffic to a standard collector or arterial street.
Residential collectors typically extend less than one -half mile in length. Residential
collectors may provide access to local streets, multi - family developments or planned
unit developments. On- street parking may be permitted under special circumstances.
• Local streets serve to provide direct access to the abutting properties, individual
homes or small traffic generators. On -street parking is typically permitted.
8.2.1 Principal Arterial
Mobility Function:
The primary function of a principal arterial is to provide major circulation and
movement through urban areas and to connect with major activity centers and
freeways. A principal arterial may serve motorized and non - motorized
transportation needs and may include up to seven vehicular traffic lanes. On-
street parking is prohibited.
Access Function:
Access from other roadways is controlled and subordinate to traffic on the
principal arterial street. Direct lot access is prohibited or severely restricted.
Combined access points are encouraged. The City's Access Management Plan
should be the final determination of any site access plan.
Right -of -Way:
As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway District.
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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 -Wad
As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway District.
8.2.6 Local Roadways
Mobility Function:
The primary function of a local street is to serve abutting property. Local streets
are to be designed to allow on- street parking and discourage continuous or
unobstructed flow of traffic through residential neighborhoods.
Access Function:
To normally provide abutting properties with unrestricted access to the local street
unless the street is a local commercial street, in which case access restrictions may
apply.
Right -of -Way:
As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway District.
8.4 Goals
A. Roadway System Goals
1. Develop a transportation system to serve the planned land uses of the City of Eagle
and its Area of Impact. The transportation system should provide regional
connectivity to neighboring cities and regions.
2. Maintain the functional and connectivity of the street system for current users,
emergency response efforts, and for use by future generations.
3. Using sound land use and transportation relationships, develop alternate routes or
corridors for ACHD planners to evaluate that best emphasize the needs of
developing areas while lessening the potential for congestion. This is typically
implemented through the development review process.
4. Protect and buffer homes, businesses, sidewalks and pathways, parks and opens
spaces from the adverse impacts of roadways and traffic. Reasonable design
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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.
F. Maintain safe and comfortable neighborhoods by minimizing speeding and cut -
through traffic while avoiding cul -de -sac streets that isolate individual neighborhoods.
G. Coordinate with the Community Planning Association (COMPASS), Ada County
Highway District (ACHD), Valley Regional Transit (VRT), and the Idaho
Transportation Department (TTD) to ensure consistency between transportation system
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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 (TTD), and Community Planning Association
(COMPASS) to classify roadways on the City of Eagle
Transportation/Pathway Network Maps #1, #2, #3 incorporated into this
Comprehensive Plan by reference. The Maps are to assure conformity to
designations as delineated on the Land Use Map. The maps shall be provided
to the Community Planning Association for input into the Community
Planning Association's Functional Street Classification Map and Regional
Transportation Plan.
C. The most recently adopted Regional Transportation Plan for Ada County of
record is adopted by reference as part of the City of Eagle Comprehensive
Plan.
F. Integrate all modes of travel to reduce travel and support air quality
improvement measures.
G. Encourage roadway design standards and roadway classifications that are
consistent with the Idaho Transportation Department (TTD), Ada County
Highway District (ACHD), Community Planning Association COMPASS,
and other agencies that may be responsible for roadway planning and design.
I. Evaluate the impact to the City of all roadway improvements and roadway
extensions.
K. Work regionally to integrate the pathway system with the ongoing planning
and design efforts for the SH-44, SH -16, SH -55 and US 20 -26 corridors
8.62 Specific Design Strategies
A. Encourage sidewalks that are separated from the curb on all streets, except for
areas where Eagle City Code requires sidewalks to abut the curb and where
existing buildings, inordinate environmental impacts, or other impacts make
setting the sidewalk back infeasible. Meandering sidewalks should be required
if permitted under the Americans with Disabilities Act (ADA) and where space
permits. A planter strip of sufficient width for street trees between the
sidewalk and roadway should be required. Where adequate facilities exist,
efforts should be made to provide a canopy effect over the roadways. The type
of street trees used should be those that have root systems that have proven to
not cause sidewalk or curb damage when in close proximity to such
improvements. Root barriers should be required.
C. Support the access restriction policies of the Ada County Highway District and
the Idaho Transportation Department at a minimum. The access restrictions
shall be based upon the most stringent future use of the roadway. Temporary
accesses may be considered in areas with a developing regional roadway
network.
D. Limit access to all arterial streets.
E. Discourage direct lot access to parcels abutting arterial and collector streets
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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
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.
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G. When reviewing land use amendments, zone changes, master plans,
conditional uses and other significant entitlement requests, take into
consideration the impact of the project on street levels of service. The City's
preferred standards shall be those identified for new streets in ACHD's
Development Policy manual, or its successor. Service level impacts shall be
minimized through project modifications, traffic management plans, street
improvement plans or other means.
K. All new developments shall be reviewed for appropriate opportunities to
connect to local roads and collectors in adjacent developments.
L. New developments shall be required to stub access to adjacent underdeveloped
parcels, where appropriate.
Chapter 9 — Parks, Recreation and Open Spaces
9.3 Future Conditions
As the City of Eagle grows, new parks and facilities will be needed to meet the recreation
needs of the community. There will be a demand for more parkland including pathways,
practice fields and ball fields as well as a skateboard park. The completion of Reid Merrill
Sr. Park, Ada County Sports Park and the new entrance to Eagle Island State Park may
meet current needs. Land acquisition for future park sites and pathways is vital in order to
develop land for pathways and neighborhood parks. There will also be a need for indoor
facilities and recreation programs. One cost effective method available to the City is to
pursue joint venture development and use opportunities with the school district. The City
of Eagle values its river, creeks, canals, and foothills. Opportunities for the City include
maintaining drainage and canal corridors and rights -of -way to establish a pathway system.
New development projects will provide for pathway circulation in accordance with adopted
local and regional pathway plans. A Pathways Committee would review development
proposals to ensure pathways continuity. Maintaining these corridors will add community
identity and ensure the quality of recreation in Eagle. These areas are the habitat of a
variety of species (e.g., fish, eagle, etc.) and play an important role in the community's
ecology.
9.4 Parks
9.4.1 Goal
A. To create ample areas and facilities for our residents' diverse indoor and
outdoor park and recreational interests.
9.4.2 Objectives
A. To develop parks and recreational programs which meet the different needs,
interests, and age levels of our residents in both the rural and urban areas.
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
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A. Acquire land for future parks in neighborhood and community settings at a
rate that meets or exceeds the national standards.
B. Seek innovative funding sources for acquisition, planning, design,
construction, and maintenance of parks.
C. Ensure all City parks are managed and maintained in a cost effective manner
for the enjoyment of the public.
9.4.4 Implementation Strategies
A. Develop policy to preserve, in perpetuity, established parks and land acquired
for parks.
E. Aggressively explore public /private or intergovernmental agreements to assist
in park acquisition, development, and recreational opportunities.
G. Create an ordinance that requires developers to dedicate and establish parks in
new developments.
9.5 Pathways and Greenbelts
Pathways are non - motorized multi -use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the Boise
River and Dry Creek) and are designed to prevent undesirable encroachment. Greenbelts
may include pathways and/or bike lanes.
9.5.1 Goal
A. To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
A. To create a pathway system that reflects desire to have a pedestrian and bicycle
friendly community.
B. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
E. Require all development to provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
J. Identify connections between trail sections and existing and future parks and
open spaces.
O. Provide separate and safe pathway crossings for Highways 55 and 44 at key
pathway intersections.
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
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Open space is land which is not used for buildings or structures and offers opportunities
for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism, leisure
activities, viewpoints, and wildlife habitat.
9.6.1 Goal
A. To provide wherever possible open space and natural features such as natural
river frontage, greenbelts, river trails and pathways, creeks, flood plains and
flood ways, drainage ways and canals, development buffers, wooded areas,
grasslands, foothills, and viewpoints for public use and enjoyment.
9.6.2 Objectives
A. To establish open space to protect the finite resource base of Eagle's natural
environment - air, ground water, surface water, soil, forested areas, plant and
wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and
wetlands.
B. To provide an open space setting for active and passive recreation for all age
groups throughout the community.
9.6.3 Policies
A. To encourage cluster development within the City limits so as to retain open
space in perpetuity. Cluster developments located outside the City limits but
within the Impact Area shall be prohibited.
B. To encourage the City to develop working relationships with other
agencies /entities to establish and protect open space.
9.6.4 Implementation Strategies
A. Require developers to utilize open space for above - ground, on -site storm water
management (i.e., grassy swales, constructed wetlands, and water features).
B. Explore public /private or intergovernmental agreements to set aside and
protect open space (i.e., land trusts, conservation easements, and
memorandums of understanding).
C. Create an ordinance that requires developers to include set asides for open
space.
D. Establish guidelines for open space set asides.
E. Develop a comprehensive beautification plan that includes but is not limited
to open space such as road rights -of -way, abandoned road segments, and City
entryways.
F. Develop a storm water management plan to include utilization of onsite open
space for storm water management features.
G. Create an ordinance that requires developers to dedicate and establish open
space /parks in new developments. Encourage developers to identify and
preserve wildlife mitigation corridors.
Chapter 10 —Housing
10.1 Background
The Eagle area is transitioning from primarily agricultural land uses to residential and
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commercial land uses. Eagle's quiet charm and agricultural roots have made the
community a mecca for those seeking larger lots for open space and gentleman farming.
Over the last years much of the agricultural land has been divided into a variety of parcel
sizes which are highly sought after by many urban residents. Density options that reconcile
quality of life and costs of services issues must be balanced and will require compromise
by all parties.
10.2 Goal
A. Encourage a variety of housing so that all residents can choose sound, affordable
homes that meet individual needs.
10.3 Implementation Strategies
A. Encourage a wide diversity of housing types and choice between ownership and rental
dwelling units so that adequate, affordable housing is available for all income groups.
B. Coordinate the location of all housing with the ability to be served by adequate public
facilities and services.
Chapter 12 — Community Design
12.1 Vision
Over the next 20 years, the City of Eagle is forecasted to experience high growth rates that
without proper management and planning will impact the quality of life and housing
options available to its residents. Rather than ignore the growth pressures that are currently
shaping most Treasure Valley communities, the City of Eagle is looking at options that
will embrace housing alternatives and transit density but will also preserve the rural nature
of the City.
12.2 Goals
A. Protecting the City's character: Strive to create an aesthetically pleasing community
and protect the unique natural beauty and small town character of the City.
B. Maintaining a functioning City at build out: Ensure that the City can continue to fund,
improve and support itself, including its infrastructure and parks, at build -out when
building permit fees, impact fees and zoning fees are no longer available.
C. Preserving Regional Transportation Corridors (State Highway 55, 20/26, 16 & 44):
Preserve the function of regionally significant roadways through the City while
ensuring compatibility with land uses and design standards of the City.
D. Identifying "Activity Centers ": Identify areas that, due to the nature of existing uses,
future uses and/or transportation corridors, will lend themselves to increased activity
and non - residential use and will therefore allow the City to preserve larger areas as
primarily residential neighborhoods.
12.3 Objectives
A. Enhance the appearance of the City's entry corridors. Design review procedures
should guide future development and redevelopment of existing uses. Depending on
land uses and buildings, more extensive landscaping and fewer points of access may
be required. The design review process will enable the City to address the special
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.
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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 in 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.
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.
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The Land Use Planning Act provides for amendment to the Comprehensive Plan. The
City Council or any group or person may petition the City Planning and Zoning
Commission for a plan amendment at any time. On its own initiative, the City Planning
and Zoning Commission may originate an amendment to the Comprehensive Plan.
However, the City Planning and Zoning Commission may recommend amendments to
the Comprehensive Plan to the City Council not more frequently than every six (6)
months; however text amendments may be recommended at any time.
13.6 Goal
A. The Eagle Comprehensive Plan and related ordinances are working documents used
by citizens and City leaders to shape the future of Eagle.
13.7 Implementation Strategies
A. Update the zoning and subdivision ordinances to be in conformance with the adopted
Comprehensive Plan as required by state law.
B. Charge the Planning and Zoning Commission to be responsible to review the status of
the implementation actions and critique the relevance of the Comprehensive Plan,
including recommending any amendments to City Council on an as- needed basis.
C. Require any person applying for a Comprehensive Plan amendment to submit a
justification letter for the amendment which letter shall include the following:
1. A specific description of the change being requested.
2. Specific information on any property involved.
3. A description of the condition or situation which warrants a change being made in
the Plan.
4. A description of the public benefit(s) that would occur from such a change in the
Plan and an explanation of why the public would need any such benefit(s).
5. An explanation of why no other solutions to the condition or situation which
warrants a change in the Plan are possible or reasonable under the current policies
of the Plan.
6. A proposed development plan for any land involved if a specific development is
planned at the time the request for the amendment is being made.
7. An analysis showing the estimated impact that the proposed change is expected to
have on existing and planned infrastructure.
8. Any other data and information required by the City for the evaluation of the
request.
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.
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Internal Circulation The movement of traffic into and out of properties and local
roadway systems without the need to enter onto arterials and
regional roadway networks.
Professional Office Uses providing for administration, professional services, and
associated activities. These uses often invite public clientele but
are more limited in external effects than commercial uses.
Strip Commercial A variety of unrelated retail, service and fast food use located at
mid block, oriented to take advantage of passing automobile
traffic. Connectivity between strip commercial is usually poor,
and each use will tend to have its own curb cut onto the arterial.
Transitional Density The shifting of density within a development to allow
compatibility with existing uses adjacent to or within a site.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8 -1 -2 defines Dwelling, Multi - Family as:
A dwelling consisting of three (3) or more dwelling units including townhouses and condominiums
with varying arrangements of entrances and party walls. Multi - family housing may include public
housing.
• Eagle City Code, Section 8 -2 -1: Districts Established:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office,
limited commercial, and residential. This district is intended to ensure compatibility of new
development with existing and future development. It is also intended to ensure assemblage of
properties in a unified plan with coordinated and harmonious development which shall promote
outstanding design without unsightly and unsafe strip commercial development. Uses should
complement the uses allowed within the CBD zoning district. All development requiring a
conditional use permit in the MU zoning district, as shown in section 8 -2 -3 of this chapter, shall
occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of
this title unless the proposed development does not meet the area requirements as set forth in section
8 -6 -5 -1 of this title. In that case a cooperative development, in conjunction with adjacent parcels
(to meet the minimum area requirements), shall be encouraged. Otherwise a conditional use permit
shall be required unless the proposed use is shown as a permitted use in the MU zoning district
within section 8 -2 -3 of this chapter. Residential densities shall not exceed twenty (20) dwelling
units per gross acre. When a property is being proposed for rezone to the MU zoning district, a
development agreement may be utilized in lieu of the PUD and/or conditional use process if
approved by the city council, provided the development agreement includes conditions of
development that are required during the PUD and conditional use process.
• Eagle City Code, Section 8 -2 -3 Schedule of District Use Regulations:
Residential dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning
designation.
• Eagle City Code 8 -2-4 SCHEDULE OF BUILDING HEIGHT AND LOT AREA
REGULATIONS:
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En-in-gl
Maximum
Front
Rear
Interior
Street
Maximum
Minimum Lot Area
Minimum Lot
District
Height
Side
Side
Lot
(Acres Or Sq. Ft.)
Width
Covered
MU 35' 20' 30' 7.5' 20' S 5,000- square feet 50'
• Eagle City Code, Section 8 -2A -7: Landscape and Buffer Area Requirements:
B. Landscape As Percent Of Site:
1. Landscaping shall cover a minimum of fifteen percent (15 %) of the property on multi-
family residential developments. Hardscape plaza areas, such as decorative concrete/paver
patios that are integrated into the design of the landscaped area, may be included in the
fifteen percent (15 %) landscape coverage requirement.
• Eagle City Code, Section 8-4 -5: Schedule of Parking Regulations:
Type Of Use
RESIDENTIAL
Apartments or multi - family dwellings
Off Street Parldne Spaces Required
For each unit with 2 or more bedrooms - 2
including 1 covered; for each 1 bedroom or
studio unit - 1.5 including 1 covered. 0.25
spaces per unit shall be provided for guest
parking. Adjacent on street parking spaces on a
local street may be credited toward the guest
parking requirement
• Eagle City Code, Section 8 -7 -3 -3 Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential development and
enhance the attractiveness of the community (such as trees, watercourses, historic spots and
similar irreplaceable assets) shall be preserved in the design of the development.
C. DISCUSSION:
The applicant is requesting a Comprehensive Plan map and text amendment to change the Future
Land Use Map and Rim View Planning Area text for a 11.13 -acre area located approximately
1,300 -feet north of the NE comer of US Highway 20/26 (Chinden Boulevard) and North Linder
Road intersection from Transitional Residential (up to four [4] units per acres) to Mixed Use (up
to 20 units per acre). The applicant is also requesting an annexation, rezone and development
agreement at this time.
• Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 [c] [3]) within the
2011 Comprehensive Plan, the applicant must show, "the condition or situation which warrants a
change being made in the plan." In the applicant's justification letter, date stamped by the City on
March 19, 2015, the applicant states the following:
"This project would be located immediately to the north of the 40 acre commercial development
that includes Fred Meyers and other current and developing service commercial uses."
• The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 [c] [41) seeks to identify
"the public benefit that would occur from such a change _in the plan." In the applicant's justification
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letter, date stamped by the City on May 12, 2015, the applicant provided the following:
"The applicant believes that this request is a benefit to the public need in that the proposed
development would provide housing opportunities for citizens of all financial categories, while
filling a housing need that is lacking in the City of Eagle."
• Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 [c] [5]) the
Applicant must provide "An explanation of why no other solutions to the condition or situation
which warrants a change in the Plan are possible or reasonable under the current policies of the
Plan". In the applicant's justification letter, date stamped by the City on May 12, 2015, the
applicant provided the following:
"Without a change to the Comprehensive Plan, the density necessary to provide this type of multi-
family residential in this area would not be possible."
While the City acknowledges the changes to the corridor and the impacts that the expansion of the
commercial area to the south of the site and the Latter Day Saints Temple (currently under
construction in proximity to the subject site) has on the development, special consideration should
be given to the land owners who have bought houses in the Residential Estates (one [1] unit per
two [2] acre) area and expected to have similar uses to the south of the existing Sandy Springs
Subdivision. Further, the area in question has been the subject of City review six (6) times since
1999 with the latest being less than six (6) months ago. In consideration of the previous
amendments, the City has never stated that high- density residential, multi - family, or apartment uses
would be considered compatible with the adjacent uses. As previously established by the City, lots
sizes similar in size to the lots previously entitled to the north should be encouraged at the northern
edge of the development.
• A local stub street is proposed within the Gated Garden development located at the northern
boundary of the subject site to provide the site access to the collector (Temple Drive) and the future
signal at Temple Drive and Linder Road. ACHD has recommend that the stub street be extended
from Temple Drive south through the subject site to the existing driveway at the northern boundary
of Eagle Island Market Place (Fred Meyer's complex).
The applicant has provided a site plan for the site, date stamped by the City on March 30, 2015.
The proposed use for the site is significantly more intense (proposed at 14.9 units /acre) than the
adjacent residential uses and the other residential uses in the Rim View Planning area (densities
ranging from one [1] unit per five [5] acres to four [4] units per acre). Staff believes the adjacent
land uses and the recently approved Gated Gardens development should serve as a guide for the
subject site in regard to providing a transition between the Mixed Use area located to the south and
the Residential Estates area located to the north.
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Gated Garden Subdivision
• The Eagle Comprehensive Plan Chapter 2: Property Rights, Section 4 (C) states: The
Comprehensive Plan and implementing ordinances should strive for stable and consistent policies
regarding development densities and requirements.
The number of changes in this area over the past 10 years has not provided consistent
implementation of development densities and policies. Further, the current request provides for a
significant increase to the anticipated development densities in the area. The neighboring
properties are planned for residential densities ranging from two (2) units per acre to four (4) units
per acre. The existing developed subdivisions in the area are developed at even lower densities
with one (1) unit per two (2) acres (Sandy Springs) and one (1) unit per five (5) acres (Almaden
Acres).
• Numerous policies within the Eagle Comprehensive Plan address how the City should plan for
property rights and the provision of services:
• The Eagle Comprehensive Plan Chapter 2: Property Rights states: "The protection and
preservation of private property rights should be a strong consideration in the development of
land use policies and implementation standards and regulations and as required by law."
• The Eagle Comprehensive Plan Chapter 3: Population states: "To plan for anticipated
populations and households that the community can support with adequate services and
amenities."
• The Eagle Comprehensive Plan Chapter 4: School, Public Services and Utilities, Section 7
Sewer establishes policies to guide the planning for and provision of sewer within the City:
0 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.
0 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
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Sewer District Master Plan.
• The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6 (B) states: `Establish land use
patterns and zoning districts that do not exhaust available services such as sewer, water, police,
fire, recreational areas, highways and transportation systems.
According to the Eagle Sewer District email, dated May 6, 2015, the property has been annexed
into the Sewer District Boundary and has been granted 80 equivalent residential units (ERU's).
ERU's area calculated as follows:
1 bedroom is 1/4 ERU
2 bedroom is V2 ERU
3 bedroom and larger is 1 ERU
Clubhouse is 1 ERU
The final application should be limited to not exceed 80 ERU's. Further, this is the last of the
capacity available in the area and will limit any redevelopment of areas to the west and north of
this site as envisioned in the comprehensive plan.
On June 25, 2015, City staff asked the Eagle Sewer District about available sewer capacity for the
remaining property within the Rim View Planning Area, specifically the Almaden Acres area west
of Linder Road that is designated as Residential Two (up to two (2) units per acre) (see map below).
The sewer district stated, "If Linder Crossing is approved as proposed (approximately 15 units per
acre) there would be very limited/no capacity for the redevelopment of the Almaden Acres area. A
comprehensive sewer planning study would be required to determine if any capacity could be
available within the planning area." Without the provision of sewer services, the development of
Almaden Acres into lots less than two (2) acres in size is prohibited pursuant to Eagle City Code
Section 8 -2 -1. If the City approves the proposed application thus allowing the available sewer
capacity to be committed to the Linder Crossing project, the City should also consider one (1) of
the following options for the Almaden Acres Area:
1) Work with the ESD to conduct a comprehensive sewer capacity study to determine if any
sewer capacity is available and change the future land use accordingly.
2) Change the Residential Two Land Use Designation to Residential Estates (up to one [ 1 ] unit
per two [2] acres) thus removing the requirement/expectation pursuant to Eagle City Code
Section 8 -2 -1 for the provision of sewer at the time of redevelopment.
3) Change the land use designation to Residential Rural (up to one [1] unit per five [5] acres)
and identify that there is no redevelopment potential in the area.
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• The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6 (I) states: Limit non - residential
uses to designated areas, with scaling and intensity paramount to the approval of these uses.
The Future Land Use Map and the categorization of land use within the Comprehensive Plan are
intended to be broad and provide flexibility of design at the time of development. Since the original
adoption of the 2004 Western Area Comprehensive Plan there has been a significant shift in the
uses and intensity within the Rim View Planning Area. As part of the 2000 Comprehensive Plan,
the area was designated as Residential Estates, similar to the Bunderson /Sandy Springs Subdivision
(1.5 acre lots approved by Ada County) to the north of the site. The 2004 Comprehensive Plan
recognized the importance of the Linder Road bridge crossing over the Boise River and thus
established a small five (5) acre commercial area with Professional Office transitioning to
Transitional Residential (specifically calling out patio homes) as a buffer to the existing Residential
Estates designation to the north. In 2008, the City amended the planning area to accommodate the
development of the Eagle Island Marketplace (Fred Meyers' complex) and the redevelopment of
the Fox Tail Golf Course. During each of these amendments and subsequent plats the concept of
transitioning and buffering to the existing Residential Estates designation has been paramount.
Within Ashbury Subdivision located to the east of this site, the transition was one (1) acre lots
located at the northern boundary; in Reynard Subdivision (formerly Fox Tail Golf Course) the
transition was 1/2 to one (1) acre lots located at the northern and western boundary. The proposed
Gated Garden Subdivision located to the north and east of the site, provides a transition from 1/2
acre lots located to the north to 5,000- square foot lots located to the south adjacent to Eagle Island
Market Place. Staff feels a similar transition would be appropriate for the subject site.
The Rim View Planning Area had previously included a small (five [5] acres) Professional Office
designation as a buffer between the commercial and the residential designations (Residential
Estates and Transitional Residential). The expansion of the Mixed Use designation in 2008 from
five (5) acres to forty (40) acres located at the northeast corner of the Chinden Boulevard and Linder
Road intersection removed the Professional Office designation but kept the "Transitional
Residential" designation to serve as a buffer to the Residential Estates designation located to the
north.
While the Rim View Planning Area may have previously included Professional Office as a buffer
to the Mixed Use /Commercial area located at the northeast corner of the Chinden Boulevard and
Linder Road the planning area has never included multi - family or high density residential as an
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allowed buffer /transitional use. Due to the existing surrounding land uses and the Comprehensive
Plan designations in the area, single - family patio homes have been the most intensive use
contemplated within the Transitional Residential area. When contemplating the sewer capacity in
the area, the allowance of Professional Office or non - residential uses would reduce demand on
sewer. Such uses that are allowed in a residential zone through a conditional use permit process are
beauty and barber shops, daycares, convenience stores (no fuel), emergency services, kennels,
nursing homes, and veterinary clinics.
The applicant proposes a land use map amendment to "Mixed Use" with amended text allowing up
to 20 units/acre on the 11.31 acre site. The applicant is proposing to develop the site at a density
of 14.9 units /acre. If approved, the site in question would be nearly four (4) times more intensive
than the "Transitional Residential" Comprehensive Plan designation to the north and east within
the Gated Garden Subdivision and seven (7) times as intensive as the "Residential Two'
Comprehensive Plan designation located to the west across Linder Road.
The Long Range Street and Highway Classification Map designates Linder Road as a principal
arterial. It is anticipated Linder Road will be expanded to seven (7) travel lanes in the future. While
staff recognizes the impact a seven (7) lane roadway section (Linder Road and US Highway 20/26)
could have on the site (specifically noise), many parcels of similar size along arterial and highways
have been developed or have been combined to be developed with densities less than four (4) units
within the City (i.e.: Banbury, Spyglass, Two Rivers, Island Woods, Lakemoor, Snoqualmie Falls,
Timberland, Redwood Creek, Castlebury, Reynard, Countryside, Shadow Ridge, Shadow View,
Trail Creek, Great Sky Estates, Echohawk, and Lexington Hills).
The applicant is locating a residential project adjacent to a future seven (7) lane principal arterial.
Alternative uses could be considered to provide a buffer to the arterial and reduce the required
buffer and berming requirements pursuant to Eagle City Code Section 8- 2A- 7(J)(4). The use of
light office, cottage retail or even mini- storage located adjacent to the frontage could provide a
transition from the noise and intensity of Linder Road. As ACHD is requiring an extension of the
local roadway from Temple Drive south into the site (see site specific condition D 1 on page 12 of
the ACHD staff report date stamped by the City July 1, 2015), these alternative uses would
capitalize on the necessary street improvements. The remaining balance of the site could be
designated as residential through the Mixed Use designation to accommodate uses similar to the
patio townhouses portion of the Gated Garden Subdivision (approximately six [6] units per acre)
to the north.
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Gated Garden SubdivWon
awmm.r_
• 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 '/a -mile. While the site is located within walking distance
of the Mixed Use /Commercial area located at the northeast corner of the US 20/26 and Linder Road
intersection the site is not located within walking distance of a school, city park, or a transit corridor.
• The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6 (CC) states: Discourage mid -block
commercial development along arterial and collectors unless it is specified in the plan.
The applicant proposes to limit the uses within the "Mixed Use" land use designation to residential
only uses so as to discourage the strip and mid -block commercial located adjacent to Linder Road
by creating a separated commercial area from the planned commercial center at the intersection of
Chinden Boulevard and Linder Road. If the City is inclined to support the applicant's request staff
would recommend the use of the "High Density Residential" land use designation for the site. It
does not allow for non - residential uses and it is most reflective of the applicant's request.
Due to the roadway alignment issues, no direct access to Linder Road, a stubbed local street at the
northern boundary, and the requirement for a 75 -foot wide buffer located adjacent to the principal
arterial, staff would recommend consideration of a commercial use(s) that would "buffer" the
residential from the arterial network.
• The Eagle Comprehensive Plan Chapter 8.6.2 Transportation: Specific Design Strategies states:
C. Support the access restriction policies of the Ada County Highway District.
D. Limit access to all arterial streets.
E. Discourage direct lot access to parcels abutting arterial and collector streets.
G. Develop methods, such as cross - access agreements, frontage and backage roads, to reduce the
number of existing access points onto arterial streets.
J. Encourage planning of local roadway systems that will provide for intra- neighborhood
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connectivity. The connecting roadways should be designed to not become collectors and to
discourage traffic from cutting through neighborhoods to go from a collector or arterial to
another collector or arterial. Such intra- neighborhood connectivity is for emergency and
delivery vehicles and for local intra- neighborhood access
The ACHD staff report requires the applicant to extend the local street stub from Temple Drive
south to Eagle Island Market Place (Fred Meyer's complex) consistent with the above stated
policies.
The extension of the local street into the site creates the opportunity to identify an alternative
land use as a buffer between Linder Road and any potential residential use to the east of the
local road extension or to establish a frontage road in this area.
• On June 24, 2015, TTD conducted a public open house to discuss the long -term design for the
Chinden Boulevard and Linder Road intersection. In this presentation, TTD presented a continuous
flow intersection (CFI) that would limit access to right - in/right -out only for the northern two access
points providing access from Linder Road to Eagle Island Market Place (Fred Meyer's complex).
This potential limitation to the local roadway network requires the City and ACHD to look at how
other local connections can provide relief and connectivity between Linder Road and Meridian
Road north of the US 20/26 ( Chinden Boulevard) corridor. The local roadway connection
requested from Temple Drive to Eagle Island Market Place (Fred Meyer's complex) is one of the
last options in the area. The City should continue to work with the owners of the Eagle Island
Marketplace, Fred Meyers, and the Almaden Subdivision on the west side of Linder Road to
preserve the northern access point as full access (with a potential signal) to facilitate access to the
commercial and residential uses on the east side of Linder Road and the potential of redevelopment
on the west side of Linder Road (Almaden Acres).
STAFF RECOMMENDATION REGARDING THE PROPOSED COMPREHENSIVE PLAN
AMENDMENT PROVIDED WITHIN THE STAFF REPORT (prior to mediation):
Based upon the information provided to staff to date, staff recommends denial of the requested
comprehensive plan map and text amendment in the Rim View Planning Area. The intensity of the use
proposed was never contemplated at this location and is not compatible with the other residential uses in
the area. Further, the approval of the application at the density proposed would exhaust the available sewer
capacity in the area and create limitations and impacts on the redevelopment (as detailed in the adopted
plan) of adjacent properties.
STAFF RECOMMENDATION REGARDING THE ANNEXATION AND REZONE PROVIDED
WITHIN THE STAFF REPORT (prior to mediation):
Based on the information provided to staff to date, staff recommends denial of the requested annexation
and rezone. Staff's recommendation is based on the required finding that a rezone must be in accordance
with the City of Eagle Comprehensive Plan. The proposed rezone to MU -DA (Mixed Use with a
development agreement [in -lieu of a conditional use permit]) to allow for a multi - family development at
14.9 - dwelling units per acre is not in conformance with the Comprehensive Plan land use designation of
Transitional Residential. The proposed use is also not in accordance with the guidelines provided within
the Comprehensive Plan Rim View Planning Area.
PUBLIC HEARING OF THE COMMISSION:
A. The comprehensive plan map and text amendment and annexation and rezone with a development
agreement applications came before the Eagle Planning and Zoning Commission for their consideration
on June 15, 2015. Staff requested the applications be continued to the July 20, 2015, meeting at which
time the applicant and staff requested the applications be continued. The Commission continued the
applications to the August 17, 2015, meeting at which time public testimony was taken and the public
hearing was closed. The Commission made their recommendation at that time.
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B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
one (1) individual (not including the applicant/representative) who indicated the proposed project is
what the city needs and feels it is well designed. The individual also indicated it is the appropriate time
to allow a multi - family project in this area.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by fifteen (15) individuals who expressed the following concerns:
• The proposed project will affect the irrigation and sewer capacity in the area. It will also affect the
water table in proximity to the site.
• The proposed buildings will block the view looking west from the developments located east of the
proposed development.
• The proposal is not in conformance with the "Transitional Residential" land use designation within
the Comprehensive Plan.
• The traffic from the proposed development will have a significant negative impact on the adjacent
properties.
• The proposed northern entrance to Linder Crossing Apartments (subject application) will cause
confusion with the entrance to the proposed Gated Garden Subdivision since the proposed Linder
Crossing Apartments will utilize the same entrance as Gated Garden Subdivision.
• The proposed development should be required to have a public road through it.
• The Commission should support the staff recommendation to deny the application.
• The proposed development will utilize the remaining sewer capacity in the area so there will not
be sewer capacity remaining for future re- development of the Almaden Acres area located west of
the proposed development.
• Due to the density being proposed with this application and the uses that have been approved with
previous applications the neighborhood is being robbed of its autonomy.
• The applicant has failed to show the need to construct a multi - family residential project in this area.
• The proposed use is incompatible with the Rim View Planning Area as identified in the
Comprehensive Plan.
• The Comprehensive Plan identifies goals to avoid undue population increases and provide stable
land use approvals and this request is not in conformance with those goals.
• The proposed density of approximately fifteen (15) units per acres is too high for the area.
• The Comprehensive Plan for this area was just amended seven (7) months ago and is constantly
being changed. The Comprehensive Plan is a long term plan and it is not meaningful due to the
number of times the plan has been amended for this area.
• People purchased homes in this area based on the Comprehensive Plan designation, the plan has
changed too many times and is affecting their quality of life.
• A maximum of four (4) dwelling units per acres should be allowed in this area.
• The proposed apartments are shown to be luxury apartments, however, they are being proposed as
affordable apartments.
• There are currently multi - family residential projects being constructed in Meridian south of this
proposed project.
• The proposed project is not in conformance with what Eagle is today.
• The applicant is proposing a Comprehensive Plan amendment and rezone to allow for a project that
is four (4) times the amount of density currently identified in the Comprehensive Plan for this area.
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• This location was not previously identified by the city for multi - family residential.
• There are currently approved multi - family residential projects approved in proximity to this site.
• The integrity of the Comprehensive Plan has been compromised due to the number of amendments
of the plan for development in this area.
• The proposal is based on economics and has nothing to do with planning.
• The irrigation systems in the area will be compromised due to the additional use.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• The current allowance of up to four (4) dwelling units per acre pursuant to the Comprehensive Plan
is an appropriate density for this area.
• Due to the proposed density and the height of the buildings the proposed development does not
provide a transition to the other properties located in proximity to the site.
• The project is not compatible with other residential development located within the immediate area
because the property located adjacent to the site has been approved with a residential subdivision
that will not exceed five (5) dwelling units per acre.
• There have been too many Comprehensive Plan amendments for projects located within this area.
• The project is well designed, however, this is not an appropriate area for locating multi - family
development.
• The proposed density of fifteen (15) dwelling units per acre is too high for this area since this area
was not contemplated for multi - family development.
• The proposed project is not in conformance with policies and guidelines that are currently in place.
• The applicant needs to design a project that conforms to the parameters of the Comprehensive Plan.
• The testimony received regarding the application indicated the residents living in proximity to the
site would be supportive of the density (up to four (4) dwelling units per acre) that is currently
identified in the Comprehensive Plan.
• The additional traffic from a multi - family residential development may negatively impact the
general vicinity of the development.
COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN AMENDMENT:
The Commission voted 3 to 0 (Koellisch and Villegas absent) to recommend denial of CPA -01 -15 for the
requested comprehensive plan map and text amendment from Residential Transition to Mixed Use for LR5,
LLC.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
The Commission voted 3 to 0 (Koellisch and Villegas absent) to recommend denial of A- 01- 15/RZ -04 -15
for an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA
(Mixed use with a development agreement [in lieu of a conditional use permit]) for LR5, LLC.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on September 22, 2015, at which
time testimony was taken and the hearing closed.
B. Oral testimony in favor of the applications was presented to the City Council by five (5) individual (not
including the applicant /representative /landowner) who indicated the proposed development is an
appropriate use of the site and will be compatible with the adjacent uses.
C. Oral testimony in opposition to the application was presented to the City Council by fifteen (15)
individuals who were opposed to the applications for the following reasons:
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• The proposed project will affect the irrigation and available sewer capacity in the area. It will also
affect the water table in proximity to the site.
• The proposed buildings will block the view looking west from the developments located east of the
proposed development.
• The proposal is not in conformance with the "Transitional Residential" land use designation within
the Comprehensive Plan.
• The traffic from the proposed development will have a significant negative impact on the adjacent
properties.
• The proposed northern entrance to Linder Crossing Apartments (subject application) will cause
confusion with the entrance to the proposed Gated Garden Subdivision since the proposed Linder
Crossing Apartments will utilize the same entrance as Gated Garden Subdivision.
• The proposed development should be required to have a public road through it.
• The Council should support the staff and Commission recommendation to deny the application.
• The proposed development will utilize the remaining sewer capacity in the area so there will not
be sewer capacity remaining for future re- development of the Almaden Acres area located west of
the proposed development.
• Due to the density being proposed with this application and the uses that have been approved with
previous applications the neighborhood is being robbed of its autonomy.
• The applicant has failed to show the need to construct a multi - family residential project in this area.
• The proposed use is incompatible with the Rim View Planning Area as identified in the
Comprehensive Plan.
• The Comprehensive Plan identifies goals to avoid undue population increases and provide stable
land use approvals and this request is not in conformance with those goals.
• The proposed density of approximately fifteen (15) units per acres is too high for the area.
• The Comprehensive Plan for this area was just amended seven (7) months ago and is constantly
being changed. The Comprehensive Plan is a long term plan and it is not meaningful due to the
number of times the plan has been amended for this area.
• People purchased homes in this area based on the Comprehensive Plan designation, the plan has
changed too many times and is affecting their quality of life.
• A maximum of four (4) dwelling units per acres should be allowed in this area.
• The proposed apartments are shown to be luxury apartments, however, they are being proposed as
affordable apartments.
• There are currently multi - family residential projects being constructed in Meridian south of this
proposed project.
• The proposed project is not in conformance with what Eagle is today.
• The applicant is proposing a Comprehensive Plan amendment and rezone to allow for a project that
is four (4) times the amount of density currently identified in the Comprehensive Plan for this area.
• This location was not previously identified by the city for multi - family residential.
• There are currently approved multi - family residential projects approved in proximity to this site.
• The integrity of the Comprehensive Plan has been compromised due to the number of amendments
of the plan for development in this area.
• The proposal is based on economics and has nothing to do with planning.
• The irrigation systems in the area will be compromised due to the additional use.
D. All written testimony received by the City is incorporated herein by reference.
COUNCIL DECISION:
The Council, pursuant to Idaho Code 67 -6510, remanded the applications to staff for mediation. Staff,
Mayor, and the Council representative(s) were directed to mediate with the applicant and other affected
parties to address the concerns of the affected parties and those expressed by the Council in regard to density
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and providing a transition to the adjacent properties. They were also directed to bring the potential changes
back for Council consideration at a future date. Mediation sessions were conducted on October 21 and
October 28, 2015.
POST MEDIATION PUBLIC HEARING OF THE COUNCIL:
A. Following mediation, a public hearing was held before the City Council on November 17, 2015. Upon
completion of the mediation session an agreement was not reached. Thereafter, the applicant requested
Council review and consideration of two additional development concepts for the property:
1. A multi - family development consisting of 10- buildings (9- multi - family buildings containing 100 -
units and 1 -club house), 10- single - family homes, and 2- commercial buildings, including a height
exception to 39 -feet, 2- inches; and
2. A multi - family development consisting of 11- buildings (10- multi - family buildings containing 148 -
units and 1 -club house), including a height exception to 39 -feet, 2- inches.
During the public hearing, the applicant presented an additional (third) option:
3. A mixed use development consisting of 9- buildings (8- multi - family buildings containing 85 -units
and 1 -club house), 10- single - family homes, and 3- commercial buildings (1 -self- storage building)
including a height exception to 39 -feet, 2- inches.
The Council reviewed and considered the revised plans, received testimony, and closed the public
hearing. The Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative /land owner).
C. Oral testimony neither in favor of nor against this proposal was presented to the City Council by one
(1) individual who expressed their opposition to the extension of a local road between the Fred Meyer
complex on the south and Gated Garden Subdivision on the north.
D. Oral testimony in opposition to this proposal was presented to the City Council by nineteen (19)
individuals who expressed the following concerns:
• The proposed buildings will block the view looking west from the developments located east of the
proposed development.
• The proposal is not in conformance with the "Transitional Residential' land use designation within
the Comprehensive Plan.
• The traffic from the proposed development will have a significant negative impact on the adjacent
properties.
• The Council should support the staff and Commission recommendation to deny the application.
• The proposed development will utilize the remaining sewer capacity in the area so there will not
be sewer capacity remaining for future re- development of the Almaden Acres area located west of
the proposed development.
• The applicant has failed to show the need to construct a multi - family residential project in this area.
• The proposed use is incompatible with the Rim View Planning Area as identified in the
Comprehensive Plan.
• The Comprehensive Plan identifies goals to avoid undue population increases and provide stable
land use approvals and this request is not in conformance with those goals.
• The proposed density of approximately fifteen (15), thirteen (13), eleven (11) and eight and a half
(8.5) units per acres is too high for the area.
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• The Comprehensive Plan for this area was just amended seven (7) months ago and is constantly
being changed. The Comprehensive Plan is a long term plan and it is not meaningful due to the
number of times the plan has been amended for this area.
• People purchased homes in this area based on the Comprehensive Plan designation, the plan has
changed too many times and is affecting their quality of life.
• A maximum of four (4) dwelling units per acres should be allowed in this area.
• There are currently multi - family residential projects being constructed in Meridian south of this
proposed project.
• The proposed project is not in conformance with what Eagle is today.
• The applicant is proposing a Comprehensive Plan amendment and rezone to allow for a project that
is four (4) times the amount of density currently identified in the Comprehensive Plan for this area.
• This location was not previously identified by the city for multi - family residential.
• There are currently approved multi - family residential projects approved in proximity to this site.
• The integrity of the Comprehensive Plan has been compromised due to the number of amendments
of the plan for development in this area.
• The proposal is based on economics and has nothing to do with planning.
E. Additional written testimony in association with this proposal was presented to the City Council by two
(2) individuals. The correspondence (attached to a memo to the Mayor and City Council dated
November 17, 2015), along with all written testimony received by the City, is contained within the
application file and is incorporated herein by reference.
POST MEDIATION COUNCIL DECISION:
The Council voted 2 to 2 (Butler and McFarland nay, Kunz and Ridgeway aye, Mayor aye) to deny CPA -
01-15 & A- 01- 15/RZ -04 -15 for a comprehensive plan map and text amendment and an annexation and
rezone with development agreement for LR5, LLC.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed comprehensive plan
amendment (CPA- 01 -15) and based upon the information provided concludes that the proposed
comprehensive plan amendment is not in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives. Specifically, the request does not justify a change to the plan as
identified in the Section 133C of the Eagle Comprehensive Plan:
a) The Council finds there is no change in the condition or situation that warrants the change of the
Comprehensive Plan. The Rim View subarea text was amended by Resolution 15 -01 on February
15, 2015, increasing the residential density of the property from up to two (2) units per acre to up
to four (4) units per acre (since the last update no changes have occurred in the area).
b) The Council finds that there is no public benefit that would occur from the change of the
plan. While the applicant claims there are no multi - family developments located in proximity to
the site, the Council reviewed the plan and identified several properties within a mile of the site
that provided for apartment uses and a variety of housing types as prescribed within the City's
Plan.
c) The Council finds that the proposal is in conflict with the following sections of the Eagle
Comprehensive Plan (adopted in February 15, 2015, by Resolution 15 -01) as identified in the
Discussion section under Staff Analysis (page 27 herein). Additionally, the application is in conflict
with the following sections of the Comprehensive Plan:
1.1 F: "Avoid undue concentration of population and the overcrowding of land."
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2.4 B: "The protection and preservation of property rights should be a strong consideration in
the development of land use policies and implementation standards and regulations."
2.4 C: "The Comprehensive Plan ... should strive for stable and consistent policies regarding
development densities and requirements."
6.6 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."
6.6 G: "Locate higher- density residential development closest to Downtown Eagle."
d) The Council finds that the current land use designation of "Transitional Residential" (Residential
up to 4 units per acre) is reasonable under the current policies of the City's Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ- 04 -15) in
terms Eagle City Code Section 8 -7 -5 (F) (1) "Action by the Commission and Council" and has made
the following conclusions with regard to the proposed rezone:
a. The requested zoning designation of MU -DA (Mixed Use with a development agreement [in lieu
of a conditional use permit]) is not consistent with the Transitional Residential land use designation
on the Comprehensive Plan Land Use Map;
c. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is not compatible with the RUT (Rural -Urban Transition — Ada County designation)
zone and land use to the north since a comprehensive plan text amendment, annexation, rezone,
and subdivision applications associated with the property located to the north have been approved
by the city for a single - family residential development (Gated Garden Subdivision) with a density
not to exceed five (5) units per acre and the proposed development does not provide a proper
transition to the proposed subdivision located north of the subject property;
e. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is not compatible with the RUT (Rural -Urban Transitional — Ada County designation)
zone and land use to the west since that area is currently developed with a density of one (1) unit
per five (5) acres and may only be developed with a residential density of two (2) units per acre in
the future;
f. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is not compatible with the RUT (Rural -Urban Transition — Ada County designation)
zone and land use to the east since a comprehensive plan text amendment, annexation, rezone, and
subdivision applications associated with the property located to the east have been approved by the
city for a single - family residential development (Gated Garden Subdivision) with a density not to
exceed five (5) units per acre and the proposed development does not provide a proper transition
to the proposed subdivision located east of the subject property;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described
within the Comprehensive Plan;
5. The Council reviewed the particular facts and circumstances of this proposed development agreement
in lieu of a conditional use permit, and based upon the information provided concludes that the proposed
development is not in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
B. Will not be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8) since the requested
comprehensive plan map and text amendment was not approved;
C. Will not be designed, constructed, operated and maintained to be harmonious and appropriate in
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appearance with the existing or intended character of the general vicinity and that such use will
change the essential character of the same area since the proposed density and height of the
buildings of the project have not been designed to provide a proper transition between the existing
uses located adjacent to the subject site;
D. Will be hazardous or disturbing to existing or future neighborhood uses since the proposed density
of the development will negatively impact the property located to the north, west, and east of the
proposed development;
E. Will not be served adequately by essential public facilities such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons
or agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such services. The applicant is not proposing to provide a public street (frontage road)
connection located between the northern and southern property lines to allow for connectivity
within the immediate area;
G. Will involve uses, activities, processes, materials, equipment and conditions of operation that will
be detrimental to any persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors since the proposed density will have a traffic impact on
the adjacent property located north of the subject development;
H. Will not have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares since the applicant is not proposing
to provide a public street connection (frontage road) between the northern and southern property
lines to allow for connectivity within the immediate area.
DATED this 15`x' day of December, 2015.
CITY COUNCIL
OF THE CITY OF EAGLE
Ja Co unty, Idaho
t es D. Reynolds, glayoi
ATTEST:
Sharon K. Bergmann, Eagle City CI rk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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