Findings - CC - 2015 - CPA-04-15/RZ-07-15/PP-04-15 - Cpa From Bp To Mu-Da In Lieu Of Pud/Stillwater Subd/94 Lot/39.7 AcreBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
COMPREHENSIVE TEXT AND MAP AMENDMENT )
FROM BUSINESS PARK TO MIXED USE, A REZONE )
FROM BP -DA (BUSINESS PARK WITH A DEVELOPMENT )
AGREEMENT) AND PS -DA (PUBLIC /SEMIPUBLIC WITH )
A DEVELOPMENT AGREEMENT) TO MU -DA (MIXED )
USE WITH A DEVELOPMENT AGREEMENT [IN LIEU OF )
A PUD]) AND A PRELIMINARY PLAT FOR STILLWATER )
SUBDIVISION FOR NEXT LEVEL DEVELOPMENT, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA- 04- 15/RZ -07 -15 AND PP -04 -15
The above - entitled comprehensive plan text and map amendment, rezone with development agreement (in
lieu of a PUD) and preliminary plat applications came before the Eagle City Council for their action on
December 15, 2015. The City Council, having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Next Level Development, LLC, represented by Kevin McCarthy, is requesting approval of a
Comprehensive Plan Text Amendment to modify Section 6.8.11 ._ SH-44 and Ballantyne Planning
Area, a Comprehensive Plan Map Amendment to change the future land use map designation from
Business Park to Mixed Use, a rezone from BP -DA (Business Park with a development
agreement) and PS -DA (Public /Semipublic with a development agreement) to MU -DA (Mixed
Use with a development agreement [in lieu of a PUD]) and a preliminary plat for Stillwater
Subdivision, a 94 -lot (72- buildable, 12- commercial [22- residential condominium units located
above commercial buildings], 10- common) subdivision. The 39.7 -acre site is located on the south
side of State Highway 44 at the southwest corner of West State Street and State Highway 44.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on -site at 6 :00 PM, Thursday May 14, 2015, in compliance
with the application submittal requirement of Eagle City Code. The original applications for this
item were received by the City of Eagle on May 21, 2015. The applicant revised the plan and uses
for the commercial area and based upon those revisions a second Neighborhood Meeting was held
at the Eagle Public Library meeting room, at 7:00 PM, Thursday, August 27, 2015, in compliance
with the application submittal requirements of Eagle City Code. The revised applications for this
item were received by the City of Eagle on September 3, 2015.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on September 28, 2015. Notice of this public hearing was mailed to property owners
within three - hundred feet (300 -feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on September 24, 2015. Requests for
agencies' reviews were transmitted on June 10, 2015 (original applications) and September 24,
2015 (revised applications) in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with Eagle City Code on October 6, 2015.
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K 0anning IkPAUsk Sub Ld duc
Notice of Public Hearing on the applications 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 30, 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 November 25, 2015. The site was posted in
accordance with the Eagle City Code on December 2, 2015.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 26, 2008, the City Council approved a comprehensive plan map and text amendment to
change the land use designation on the Comprehensive Plan Land Use Map from Residential One
(up to one (1) unit per acre) and Residential Two (up to two (2) units per acre) to Business Park,
and to establish a new planning sub -area within the Land Use Chapter of the plan (CPA- 02 -08).
On February 10, 2009, the City Council approved an annexation and rezone with development
agreement and preliminary plat for Stillwater Business Park for Tri Cedars Management, LLC (A-
07-07/RZ-09-07 and PP- 11 -07).
On September 22, 2009, the City Council approved a development agreement modification to
allow one (1) lot to be developed using an approved septic system. The modification also allowed
the proposed Stillwater Business Park to be served by a temporary access from State Highway 44
until such time the realignment of Ballantyne Road was completed (RZ -09 -07 MOD). (Tire
existing development agreement JAda County instrument #110008343] expires on January 10,
2017. If the subject rezone is approved the development agreement associated with the subject
rezone will supersede the previously executed development agreement.)
On September 22, 2009, the City Council approved a preliminary plat modification in regard to the
future phases of the development associated with the property owned by the Eagle Sewer District
and the timing of eliminating the temporary access providing access to the development from State
Highway 44 (PP -11 -07 MOD).
On October 13, 2013, the Stillwater Business Park Subdivision preliminary plat expired (PP -11 -07
MOD).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT REQUEST FOR COMPREHENSIVE PLAN TEXT AND MAP AMENDMENT:
The applicant is requesting the City change the Future Land Use Map designation of the 39.7 -acre
site from Business Park to Mixed Use (Commercial, Office and Residential).
The applicant is requesting to modify of Section 6.8.11- SH -44 and Ballantyne Planning Area of
the Comprehensive Plan as follows:
6.8.11 SH -44 and Ballantyne Planning Area
The SH-44 and Ballantyne Planning Area is located south of SH-44 between the planned
intersection of SH-44 and Ballantyne Road and the planned intersection at SH-44 and Eagle Island
State Park. The planning area is designated as Business Park and Mixed Use to accommodate a
growing technical industry, commercial uses, and residential uses within the City and valley, to
provide employment options for City residents, and as a recognition of the impacts of the regional
transportation network and neighboring land uses (sewage treatment plant and state park) in the
area.
A. Uses
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The land use and development policies specific to the SH-44 and Ballantyne Planning
Area include the following:
1. The area is to be developed as a business /technical park with re%i:lemill -d,
e limited ancillary uses.
2. The area should be designed to capitalize on the Boise River by providing trails and
open space throughout the area and ensuring public access to the river.
3. The area should be designed to provide sufficient space for corporate headquarters,
Ji emerging technical uses,_ commercial uses, and residential uses in a park -like
setting.
4. This area is intended to serve as a unique location for business and technical uses
within the City of Eagle to encourage the location of clean industry into the City while
buffering between the Eagle Sewer District Sewer Treatment facility to the east and
Eagle Island State Park to the west.
5. Sim4l r• eight,o. jo P 4�_ meF�.�i WL- iip;tad'n iee fifileFeiKommercial uses may
be considered as aria om lementat -y uses which should not fe exceed 10% of the
SIB -44 and Ballantyne Planning Area bUi"H . Commercial ArnMlw�, uses are
intended to be end complementary to the business and technical uses affd
it l-tO frr +i a . jo in the planning area. and serve as a buffer
between the residential uses and S11-44. Strip commercial uses should be discouraged.
Highway- oriented uses should be strategicall� tlaced at signalized intersections and
designed to accommodate the goals of the Scenic Condor, if anplicable.
6. The area north of the Boise River should be improved with pathways and other
amenities to encourage active recreation and passive enjoyment of the river and
riparian area.
7. All uses in the planning area should be designed with consistent architecture, design,
and signage as well as community design and art elements to create a campus feel
throughout the business and commercial area area.
8. Residential uses (including Temporary/Corporate housing should be considered as a
complementary mw- ary uses in this area and should be scaled and designed to be
(FOR! i5lelit With 0 ae -tteet - 4411 -tl a c r €epedestriarl- friendly
to establish a villase feel alonL, collector roadwaws.
9. Public access should be maintained to provide residents, business
commercial employees,; and guests' access to the greenbelt and river, similar to the
access provided in the Eagle River Area.
B. Access
1. Access to the SH-44 and Ballantyne Planning Area will be from the signalized
intersections of SH-44 at Ballantyne Road and Eagle Island State Park. Ant approved
}tigllwa.y- oriented uses should be strategically located at the immediate intersections.
2. All access should be reviewed for compliance with the State Street/ SH44 corridor
management plan.
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3. A new internal collector parallel to SH-44 should be built at the time of development
to move traffic within the area. All single - parcel access points to the State Highway
should be eliminated/consolidated during the development process.
4. A pathway and trails network should be encouraged to provide pedestrian access
along the Boise River connecting the SH-44 and Ballantyne Planning Area to the
existing City pathway system.
C. Design
1. All business and commercial uses in the planning area should be designed to fit into a
park -like setting appropriate for corporate headquarters* and the emerging technical
industry,. and small neighborhood commercial /limited service_ commercial with
consistent and complimentary architecture, design, and signage._The_ delien should
capitalize on the extension of Old Valley Road and bring_ activities and uses closer to
the collector road, creating a pedestrian- friendly area that encourages
circulation from the greenbelt and the residential are_ as, while also servicing auto
traffic.
2. The planning area should be designed to be internally focused, providing the ability to
capture or collect trips for the larger planning area with some limited trip capturing
from SH-44 and adjacent residential areas.
3. ^, s n . vtsi%i .,a .Na.. tFiiYYC14-I'- tf3lfi2 a'
W+Wed ; i t - tCOkl --
livu3 4 W —i dli i2.,.
i, t are ar -1 k +t -to -t# e l i : Wyv .. E, ,rE 44-Common
,parking area~ and joint parking, agreements and should_ be_encouragged to minimize
walking distances between buildings and Vrovide a pedestrian ,scale to the area. On-
street Varkins,} should be encourage where sufficient ri Jmt -of -wad
-is available.
4. Signage should be uniform and should be focused to the interior of the development
along the parallel collector to ensure that the highway rights -of -way are not cluttered
with individual and monument signs. The planning area should include a single
monument entry sign at the signalized intersections to establish place making
reference. Consistent design elements should be repeated throughout the area to
establish and maintain identity. Tall landscape berms should be avoided along SH-44
to prevent business pi}r1; -and commercial _ buildings from being obscured but a
landscaping buffer should be significant enough to separate the uses from the State
Highway and instill a park -like atmosphere.
D. Issues
1. One of the main concerns in developing this area for a variety of uses is the need to
maintain a balance among the various employment opportunities that the Business
Park and Mixed Use designations affords. The goal is to create an environment where
a broad range of employment opportunities are available. To achieve this goal,
commercial development +mac° -.rte;; rri tw intttr �: •�� E•" : •;;�r
an- should be limited to 10% of the total planning area and should he deli ned_to
serve_the_planning area and regiona l- reenbelt users; big box uses should be
prohibited._ Any- arroved highway oriented _ uses must adhere to strifrgent_ design
guidelines in order to conform to the og als of the. Scenic-Corridor where applicable.
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KA111aaoing MpW agk AppbcaiinnsLS[7BSL'I)MSIiUwatcr Sub wf.Joc
2. Pue to the ei er.-' aI d&ini.viLk daEAhe. Wt Irks' � *1�4E�e '��i�� }itFli- kk'tid:'r� If deemed
necessary: the planning area should identify a site for an electrical substation. If a
substation is not sited early in the development of the area, it is likely the intent of this
planning area to function as a technical park will be limited.
3, 4- o— i+Oiit ye -4hi g8al, eoii ereial- - -49*e4"eaa -- must C- ?339ist of large F
El ws, vi ith s ; I lck3i f }i3t F,k it 4 4" 4! ?3f?i dwk�lo FF } l l ^rnrziinr^ri G�i :
�€ the tt¢Ea#- I }I�fintltb tikf#'i3?i� haxes }fcleik�it?gI.
a-. If .single family-residential uses are located in this area, special attention_ should be
given to the transition between bu_sineSshechnicalkommercial -park use and_sitt�re
family residential uses. Transitional use could include open space, - live /work units, or
light office uses.
Pursuant to the Eagle Comprehensive PIan "Amendment Procedures" the applicant shall address
the following items:
Any person may petition the Planning and Zoning Commission for a plan amendment at any time.
The applicant shall submit a letter for a Comprehensive Plan amendment which will contain the
following:
1. Specific description of the change being requested.
2. Specific information on any property involved.
3. The condition or situation which warrants a change being made in the plan.
4. The public need for a benefit from such a change in the plan.
5. A statement that no other solutions to the problem presented by the current policy of
the Plan are possible or reasonable.
6. Proposed development for any land involved.
7. Any other data and information needed by the Planning and Zoning Commission in
evaluating the request.
G. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE:
See applicant's justification letter, dated September 3, 2415 (attached to the staff report).
H. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant is requesting a development agreement (in lieu of a PUD). The development
agreement addresses uses that may be permitted through a PUD process. The applicant is also
requesting a reduction in minimum lot size, setbacks, easements, a seven foot (7') height exception
(total building height 42- feet), the use of "Northwestern" architecture, and other deviations from
standard requirements in the MU (Mixed Use) zone and Eagle City Code identified in the
applicant's justification letter dated September 3, 2015 (attached to the staff report).
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I. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
J. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
K. SITE DATA:
Total Acreage of Site 39.7 -acres
Total Number of Lots - 94
Total Number of Units - 94
Residential - 72 (60 single- family, 12 live /work)
Commercial - 11 (22 condo dwelling units on second floor)
Flex Lot - l
Common - 10
Single- family - 94
• 60 single- family
• 12 live /work (residence located on second floor)
• 22 condo dwelling units located above commercial uses
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Business Park
BP -DA (Business Park with a
Stillwater Business Park
Development Agreement) and
(Vacant/Undeveloped)
PS -DA (Public /Semipublic
with a development
agreement)
Proposed
Mixed Use
MU -DA (Mixed Use with
Mixed use development
Development Agreement)
including commercial,
retail, single - family, multi-
family residential.
North of site
Mixed Use /Residential
MU -DA (Mixed Use with a
Predico Multi -
Two
Development Agreement)
family /Apartments (75
units)
R- 2 -DA -P (Residential with a
Development Agreement -
Countryside
PUD)
Subdivision /Single Family
Residential
South of site
Fioodway
RUT (Rural Urban Transition
Boise River Floodway
- Ada County)
PS (Public /Semi - Public)
East of site
Business Park/IndustriaI
PS-DA (Public /Semi- Public
Eagle Sewer District
with a Development
Treatment Plant
Agreement)
West of site
Business Park
A -R (Agricultural
Single Family Residential
Residential)
J. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
K. SITE DATA:
Total Acreage of Site 39.7 -acres
Total Number of Lots - 94
Total Number of Units - 94
Residential - 72 (60 single- family, 12 live /work)
Commercial - 11 (22 condo dwelling units on second floor)
Flex Lot - l
Common - 10
Single- family - 94
• 60 single- family
• 12 live /work (residence located on second floor)
• 22 condo dwelling units located above commercial uses
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within the commercial area
Duplex — 0
Multi - family — 0
Total Acreage of Any Out - Parcels - 0
Additional Site Data
Proposed
Required
Dwelling Units Per Gross Acre
4.84 - dwelling units per acre*
Up to 20 -units per acre
maximum*
Minimum Lot Size
2,500- square feet
5,000 - square feet
Minimum Lot Width
25 -Feet
50 -feet
Minimum Street Frontage
0 -feet
0 -feet
Total Acreage of Common Area
17.9 -acres
5.7 -acres
Open Space
Percent of Site as Common Area
51%
20%
Open Space
Except that, according to
ECC Section 9 -3 -8 (C) the
City may require
additional public and /or
private park or open space
facilities in PUDs or in
subdivisions with 50 or
more lots.
* Based on the residential area with the tloodway and commercial areas excluded.
L. GENERAL SITE DESIGN FEATURES:
Greenbelt /Pathway Areas:
The applicant provided a Pathway Exhibit, date stamped by the City on October 12, 2015, that
delineates an eight -foot (8') wide pathway within a ten -foot (10') wide common lot located
adjacent to the northern boundary of the development. The Pathway Exhibit shows an eight -foot
(8') wide greenbelt pathway located on one (1) side of the internal street providing access from
State Highway 44 to the southern boundary of the site. The pathway exhibit also shows a five -foot
(5') wide micro - pathway traversing from north to south through the residential area of the
development. The Pathway Exhibit also shows a subdivision micro - pathway located in the middle
of the residential area providing access from north to the south through the residential area to a
large common lot (Lot 4, Block 2).
Open Space:
A total of 17.9 -acres (inclusive of island Lot 1, Block 7) of open space is proposed within the
development. The usability of the island open space is questionable since there are no pedestrian
facilities that provide access from the developed site to the island. The common lots minus the
island is 6.17 -acres in size and consists of six (6) common lots.
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A minimum of 20% open space is required except that per Eagle City Code Section 9 -3 -8 (C), the
City may require additional public and /or private park or open space facilities in PUDs or in
subdivisions with 50 or more lots.
Commercial Area:
The preliminary plat, date stamped by the City on September 2, 2015, shows a commercial area
located between State Highway 44 and East Old Valley Street. The commercial area consists of
13 -lots (12- buildable, 1- common, and 1 -flex lot). The product type exhibit, date stamped by the
City on September 3, 2015, and the preliminary plat does not identify the size of buildings,
parking spaces, or proposed uses.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,
will be developed in the drainage easements. Also, the CC &R's are to contain clauses to be
reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
The preliminary plat, date stamped by the City on September 3, 2015, contains plat notes
indicating that all residential lots have a 12 -foot wide public utility, drainage, and pressurized
irrigation easement adjacent to all front lot lines. The preliminary plat also notes that the rear and
interior lot lines have a 5 -foot wide public utility, drainage, and pressurized irrigation easement
except for lots within Blocks 4 and 5 which will have no easement adjacent to interior lot lines. All
utilities including power are required to be placed underground.
Fire Hydrants and Water Mains:
The preliminary plat, date stamped by the City on September 22, 2015, does not show the location
of fire hydrants. Hydrants should be installed and approved as required by the Eagle Fire
Department. The proposed development is located within the United Water Company of Idaho
water service area.
On -site Septic System (yes or no) e Unknown
The site previously contained a residential dwelling and accessory structures it is unknown if the
septic system was properly abandoned.
Pressurized Irrigation:
The development will have a pressurized irrigation system with water supplied by the New Dry
Creek Company. The applicant submitted a pressurized irrigation report that meets the
requirements of the City of Eagle Pressure Irrigation Standards (EPIS).
Preservation of Existing Natural Features:
Eagle City Code Section 9 -3 -8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the
subdivision.
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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.
M. STREET DESIGN:
Public Streets:
(The si.r 161 street sections described are based on the preliminary plat date stamped by the Ci),
on September 3, 2015).
The street section for West State Street shows a 70 -foot wide right -of -way inclusive of a 46 -foot
wide roadway section (as measured from back of curb to back of curb) with vertical curbs, eight -
foot (8') wide landscape strips located on each side of the street, and an eight -foot (8') wide
sidewalk on one (1) side of the street with a four -foot (4') wide sidewalk easement and a five -foot
(5') wide sidewalk with a one -foot (l') wide sidewalk located on the other side of the street. The
sidewalk easement area is Iocated outside of the right -of -way. The eight -foot (8') wide sidewalk is
to be utilized to provide greenbelt access from State Highway 44 to the Boise River.
The street section for East Old Valley Street shows a 70 -foot wide right -of -way inclusive of two
(2) 18 -foot wide travel lanes separated by a 10 -foot wide island, eight -foot (8') wide landscape
strips located on each side of the street, and five -foot (5') wide detached sidewalks with a one -foot
(1') wide sidewalk easement area located outside of the right -of -way. The south side of East Old
Valley Street located between South Timber Wolf Avenue and West State Street and the east side
of South Timber Wolf Avenue has an eight -foot (8') wide attached sidewalk,
The interior street sections consists of two (2) 42 -foot wide streets both of which have a 29 -foot
wide travelway with rolled curb and gutter and attached sidewalks located on each side of the
street. The difference between the two (2) street sections is one shows five -foot (5') wide attached
sidewalks on each side of the street and the other street section shows a five -foot (5') wide
attached sidewalk on one side of the street and an eight -foot (8') wide attached sidewalk on the
other side of the street to provide access to the greenbelt.
The street section for the east to west street that divides Block 3 from Block 4 consists of a 28 -foot
wide street section with a 24 -foot roadway section with rolled curb and gutter and no sidewalks.
The residential units located adjacent to this street will be alley loaded from the street.
The alley street section providing alley - loaded access to the lots located on Block 4 and Block 5
shows an alley section with a 20 -foot wide right -of -way with a 16 -foot wide roadway section with
rolled curb and gutter.
Blocks Less Than 500': None proposed
Cul -de -sac Design: None proposed
Sidewalks:
Detached five -foot (5') wide sidewalks are proposed for the collector streets (West State Street and
East Old Valley Street) with the exception of the eight -foot (8') wide detached sidewalk located on
the east side of West State Street and on the south side of East Old Valley Street east of South
Timber Wolf Avenue.
The applicant is proposing the interior streets to have attached five -foot (5') wide sidewalks
Page 9 of 77
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Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to date.
Approval from that committee is required prior to final plat approval.
N. ON AND OFF -SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways/Pathways:
See "Greenbelt/Pathways Areas" and "Sidewalks" above.
Bike Paths:
Eagle City Code section 9 -4 -1 -7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right -of -way or separate easement, as may be specified by the City Council.
O. PUBLIC USES PROPOSED:
The preliminary plat, date stamped by the City on September 3, 2015, shows a 10 -foot pathway
located adjacent to State Highway 44.
P. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
Q. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The narrative provided by the applicant, date stamped by the City on September 3, 2015, indicates
that the public utilities providing services to this area have provided facility maps showing their
services. These include United Water, Eagle Sewer District, Idaho Power, Intermountain Gas,
CenturyLink, and Cable One. United Water Company and Eagle Sewer District provided
correspondence to the applicant indicating they will provide service to the project (date stamped by
the City on October 12, 2015, attached to the staff report).
R. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — Yes — Floodplain areas associated with the Boise River
Evidence of Erosion — Yes — See Environmental Impact Assessment, date stamped by the City on
September 3, 2015
Fish Habitat — Yes — Boise River
Floodplain — Yes — Located adjacent to the Boise River
Mature Trees — Yes -- Located adjacent to the east and west property lines and the Boise River
Riparian Vegetation — Yes — Iocated adjacent to the Boise River
Steep Slopes — No
Stream/Creek Yes — Boise River
Unique Animal Life — No
Unique Plant Life — Yes — Riparian areas located adjacent to the Boise River
Unstable Soils — Yes — See Environmental Impact Assessment, date stamped by the City on
September 3, 2015
Wildlife Habitat — Yes — Located adjacent to the Boise River
Page 10 of 77
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S. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
The Environmental Assessment PIan, date stamped by the City on September 3, 2015 (attached to
the staff report), indicated that based on the available data, the project would not impact threatened
or endangered species, historic or cultural resources, and would not create a significant health or
other hazard. The applicant will also be required to provide a Habitat Analysis.
T. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letter dated, October 15, 2015, are of special
concern (attached to the staff report).
City Parks and Recreation Director: All comments within the Parks and Recreation Director's
email dated June 28, 2015, are of special concern (attached to the staff report).
Ada County Highway District
Central District Health
COMPASS (Communities in Motion 2040 Development Checklist)
Eagle Fire Department
Eagle Sewer District (correspondence provided by the applicant)
Idaho Department of Environmental Quality
Idaho Department of Fish and Game (correspondence date stamped by the City on July 2, 2015)
Idaho Department of Fish and Game (correspondence date stamped by the City on July 30, 2015)
Idaho Department of Lands
Idaho Transportation Department
Idaho Transportation Department (Traffic Impact Study response, date stamped by the City on
October 16, 2015)
Land Trust of the Treasure Valley
Tesoro Logistics NW Pipeline
United Water (correspondence provided by the applicant)
West Ada School District
U. LETTERS FROM THE PUBLIC: None received to date.
V. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to develop the subdivision in a single phase.
W. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
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4. That the development does not involve uses, activities, processes, materials, equipment, and /or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and /or other special features which would not typically be provided in
a non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various Iand uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
For a request of up to 10% of the gross land area to be directed to uses other than residential
(i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use
district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The property is currently zoned BP -DA (Business Park with a Development Agreement). The
Comprehensive Plan Future Land Use Map designates the site as Business Park. The site is located
within the Ballantyne and State Highway 44 Planning Area.
Chapter l =- Overview
1.1 City of Eagle Statement of Purpose
The purpose of the Eagle Comprehensive Plan is to develop a set of guidelines that the
City will use to promote the health, safety, and general welfare of the residents who live in
the City of Eagle and its Area of City Impact (AOI). To achieve that purpose, the City of
Eagle will strive:
A. To protect property rights and enhance property values.
C. To ensure that the economy of the City of Eagle and its AOI is protected and
enhanced.
F. To avoid undue concentration of population and overcrowding of land.
G. To ensure that the development of land is commensurate with the physical
characteristics of the land.
Table 1.1 Distribution of Uses
Land Use
%r of total
Commercial
4%
Mixed Use
7 %
Mixed Use Village
5%
Business/Tech
3%
Industrial
I %
Residential
75%
Parks/open s ace
5 %r.
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
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traffic counts and the existing transportation network support the claim of this
area being within the City of Eagle's economic trade area.
B. Geographic Boundaries: The Idaho Transportation Department (ITD) has
released plans to improve State Highway 16 from a two (2) lane roadway to at
least a nine (9) lane system (including right -of -way) in excess of one quarter
(1/4) mile wide. This creates an enormous and significant landmark or
geographic boundary separating the properties east of State Highway 16 from
those on the western side. This new transportation corridor will be a
significant east -west barrier between Eagle and Star that will create an
impediment for pedestrians, bicyclists, youth and the elderly or anyone unable
to use motorized transportation. In addition, it is unlikely that property
owners east of the new highway corridor will feel identified with a city center
that is entirely cut off to the west. (See Map 1.1) Historically in Ada County,
state highways have been used as area of impact boundaries. For example,
State Highway 44 forms portions of the respective common boundaries
between Boise and Garden City. State Highway 55 forms portions of the
respective common boundaries between Meridian and Boise as well as Boise
and Eagle. State Highway 20126 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 Iimits would be bordered to
the West by State Highway 16, to the South by State Highway 20126 and to
the North into Boise and Gem County substantiating the City's ability to
annex throughout this area.
1.3 The City of Eagle Vision Statement
In 1999, City of Eagle citizens envisioned their future town as a well - planned community
that encourages diversified living and housing opportunities, fosters economic vitality that
offers jobs for residents, and provides places for people to recreate and enjoy Eagle's
natural beauty.
We envision that in the future Eagle will be:
A. known as a highly livable town that successfully balances growth with many of the
rural elements of its heritage;
B. interconnected with user - friendly pathways and roadways;
C. economically strong with a distinct downtown economic center;
D. providing diversified employment and housing opportunities for all economic groups;
E. an environmentally aware community with distinctive open space, parks and outdoor
recreation;
F. an economically strong city, that fosters Iocal businesses and clean industry;
G. a unique community that maintains its rural residential feel in the midst of the
Treasure Valley.
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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 Iarger areas as primarily residential neighborhoods
and sensitive areas as open space.
C. Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve the
function of regionally significant roadways through the City while ensuring
compatibility with land uses and design standards of the City.
D. Increased Employment Opportunities: Identify areas that will provide significant
employment opportunities to the residents of the City of Eagle thereby allowing the
City to be a desirable place to live, work, and recreate.
1.5 Relationship to the City of Eagle Zoning Ordinance
Idaho Code §67-6511 states that "zoning districts shall be in accordance with the adopted
plan." In general this means that zoning must be "in keeping" with a comprehensive plan
if one exists. Further, the Eagle City Zoning code requires consistency between the
comprehensive plan and affected zones at the time of rezoning. Additional zoning
classifications may be needed to ensure the accurate implementation of this sub -area plan.
Chapter 2 - Property Rights
2.4 Implementation Strategies
A. Land use development regulations should be designed to protect the health, safety and
welfare of the community, and to avoid any unnecessary conditions, delays and costs.
B. The protection and preservation of private property rights should be a strong
consideration in the development of land use policies and implementation standards
and regulations and as required by law.
C. The Comprehensive Plan and implementing ordinances should strive for stable and
consistent policies regarding development densities and requirements.
D. All changes in the comprehensive plan and land use entitlement should be reviewed in
compliance with this plan and the visioning plan for the western area. (Map 2.1)
Chapter 3 - Population
3.4 Objective
To plan for anticipated populations and households that the community can support with
adequate services and amenities.
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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 Iot homes have wells and septic systems and must comply with
Central District Health Department requirements.
D. United Water, Eagle Water Company, and the City which provide water to Eagle
residents. Some private water systems and wells are also used.
E. Ada County Sheriff's Office which provides police services on a contract
4.7 Sewer
4.7.2 Sewer Goals
A. Ensure that Eagle Sewer District extends its wastewater collection system and
expands and upgrades its wastewater treatment and disposal facilities to keep
pace with new development in the Area of City Impact and the Eagle
Foothills.
B. Ensure that the ESD expands its sewerage and disposal facilities at a rate that
will stay ahead of and thus not impede orderly development and envisioned in
other sections of this Comprehensive Plan.
4.7.4 Sewer Implementation
B. Compare ESD expansion Plans with the City's information regarding planned
development within the Area of City Impact & the Eagle Foothills.
F. Continue to work with the Eagle Sewer District to coordinate urban
development based upon Land Use component of the Comprehensive Plan
and the Eagle Sewer District Master Plan.
Chapter 5 -- Economic Development
5.1 Background
The economic development component of the Comprehensive Plan presents a discussion
of the economics and employment in Eagle. The city encourages appropriate economic
development while retaining those attributes that give Eagle its special living and working
environment.
5.3 Economic Development Goals
A. Ensure the ability for the City to continue to fund, improve and support itself,
including infrastructure, without the use of building permit fees, impact fees and
zoning fees.
B. Identify areas that will provide significant employment opportunities to the residents
of the City of Eagle thereby allowing the City to be a desirable place to live, work, and
recreate.
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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 PIan.
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 AO1:
Table 6.1-- Mixture of Land Uses
Mix of Uses (including Foofhots)
oc' mmemial.
Mixed Use.
Bushess, a
tidu,trud
62% ap'"10400101
305'.
a Pa�uopsn
space
6.3 Land Use Designations
Development density shall be calculated by project. Unused density for undeveloped or
underdeveloped land adjacent to or within the same Iand 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
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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:
6.3.15 The Comprehensive Plan Land Use Map (adopted February 2015) designates this
site as the following:
Business Park
Suitable primarily for the development of technical park/research and
development facilities, offices and office complexes, and limited manufacturing
activities, including small -scale production, distribution, and storage of goods.
Support activities may also be permitted.
All development within this Iand use shall be designed to be within a landscaped
setting and be free of hazardous or objectionable elements such as noise, odor,
dust, smoke, or glare. Such development should be operated entirely within
enclosed structures and generate minimal industrial traffic. Development within
this land use designation should be required to proceed through the PUD
6.3. 10 The applicant is proposing to designate the site as the following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial,
and residential developments. Uses should complement uses within Downtown
Eagle. Development within this land use designation should be required to
proceed through the PUD and /or Development Agreement process, see specific
planning area text for a complete description. An allowable density of up to 20
units per I acre.
6.4 Land Use Goals
B. Ensure the ability for the city to continue to fund, improve and support itself
(including infrastructure) without the use of building permit fees, impact fees and
zoning fees.
C. Identify areas that, due to the nature of existing uses, anticipated uses, and/or
transportation corridors, will lend themselves to increased activity and non - residential
use while preserving larger areas as residential neighborhoods.
D. Preserve the function of regionally significant roadways transecting the City while
ensuring compatibility with land uses and design standards of the City.
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6.6 Land Use Implementation Strategies
B. Establish land use patterns and zoning districts that do not exhaust available services
such as sewer, water, police, fire, recreational areas, highways and transportation
systems.
C. Provide for a broad spectrum of housing types including apartments, townhouses,
condominiums, single- family attached, manufactured homes, affordable and
subsidized housing and large- acreage developments.
G. Locate higher- density residential development closest to Downtown Eagle and activity
centers as shown on the Comprehensive Plan Land Use Map.
K. Institute a PUD ordinance to facilitate and regulate cluster development.
S. Encourage a variety of housing through such mechanisms as PUD's in subdivisions
including large lot subdivisions.
V. Maintain a Future Land Use Map that encourages higher densities around activity
centers and transit routes but also provides for Iarge residential areas that continue to
promote the rural character of the City of Eagle. (See Map 6.1 & 6.2)
W. Use smaller planning areas to help guide development in the western planning area.
(See Map 6.3)
X. Limit non - residential uses to designated areas, with scaling and intensity paramount to
the approval of these uses.
Y. Require design treatments to provide compatibility of new development with existing
development by considering such issues as building orientation, increased setbacks,
height limitations, size restrictions, design requirements, fencing, landscaping or other
methods as determined through the development review process.
Z. Subject to all commercial and subdivision development within the City to Design
Review.
CC.Discourage mid -block commercial development along arterial and collectors unless it
is specified in the plan.
6.8.11 SH -44 and Ballantyne Planning Area
The SH-44 and Ballantyne Planning Area is located south of SH-44 between the planned
intersection of SH44 and Ballantyne Road and the planned intersection at SH-44 and Eagle
Island State Park. The planning area is designated as Business Park to accommodate a
growing technical industry within the City and valley, to provide employment options for City
residents, and as a recognition of the impacts of the regional transportation network and
neighboring land uses (sewage treatment plant and state park) in the area.
A. Uses
The land use and development policies specific to the SH-44 and Ballantyne Planning
Area include the following:
The area is to be developed as a business /technical park with limited ancillary
uses.
2. The area should be designed to capitalize on the Boise River by providing trails
and open space throughout the area and ensuring public access to the river.
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3. The area should be designed to provide sufficient space for corporate headquarters
and emerging technical uses in a park -like setting.
4. This area is intended to serve as a unique location for business and technical uses
within the City of Eagle to encourage the location of clean industry into the City
while buffering between the Eagle Sewer District Sewer Treatment facility to the
east and Eagle Island State Park to the west.
5. Small Neighborhood Commercial/Limited Service Commercial uses may be
considered as an ancillary uses which should not to exceed 10% of the buildable
acres. Ancillary uses are intended to be secondary and complimentary to the
business and technical uses and intended to provide support services to the
planning area.
6. The area north of the Boise River should be improved with pathways and other
amenities to encourage active recreation and passive enjoyment of the river and
riparian area.
7. All uses in the planning area should be designed with consistent architecture,
design, and signage as well as community design and art elements to create a
campus feel throughout the area.
S. Temporary/Corporate housing should be considered as a complementary ancillary
use in this area and should be scaled and designed to be consistent with the needs
of the primary uses in the planning area.
9. Public access should be maintained to provide residents, business park employees
and guests' access to the greenbelt and river, similar to the access provided in the
Eagle River Area.
B. Access
1. Access to the SH-44 and Ballantyne Planning Area will be from the signalized
intersections of SH-44 at Ballantyne Road and Eagle Island State Park.
2. All access should be reviewed for compliance with the State Street/ SH44 corridor
management plan.
3. A new internal collector parallel to SH44 should be built at the time of
development to move traffic within the area. All single- parcel access points to the
State Highway should be eliminated /consolidated during the development process.
4. A pathway and trails network should be encouraged to provide pedestrian access
along the Boise River connecting the SH-44 and Ballantyne Planning Area to the
existing City pathway system.
C. Design
1. All uses in the planning area should be designed to fit into a park -like setting
appropriate for corporate headquarters and the emerging technical industry with
consistent and complimentary architecture, design, and signage.
2. The planning area should be designed to be internally focused, providing the
ability to capture or collect trips for the larger planning area with some limited trip
capturing from SH-44 and adjacent residential areas.
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3. Parking should be cooperative and joint parking agreements should be
encouraged. Due to the intensity of use (need for semi -truck access) on- street
parking should be avoided in this area. Parking should be grouped between
buildings on the site so not to locate large parking lots adjacent to the Boise River
view shed or SH44.
4. Signage should be uniform and should be focused to the interior of the
development along the parallel collector to ensure that the highway rights -of -way
are not cluttered with individual and monument signs. The planning area should
include a single monument entry sign at the signalized intersections to establish
place making reference. Consistent design elements should be repeated
throughout the area to establish and maintain identity. Tall landscape berms
should be avoided along SH-44 to prevent business park buildings from being
obscured but a landscaping buffer should be significant enough to separate the
uses from the State Highway and instill a park -like atmosphere.
D. Issues
One of the main concerns in developing this area for a variety of uses is the need
to maintain a balance among the various employment opportunities that the
Business Park designation affords. The goal is to create an environment where a
broad range of employment opportunities are available. To achieve this goal,
commercial development must be limited to uses intended to services the business
use and should be limited to 10% of the total planning area; big box uses should
be prohibited.
2. Due to the electrical demands of the many business and technical park uses, the
planning area should identify a site for an electrical substation. If a substation is
not sited early in the development of the area, it is likely the intent of this planning
area to function as a technical park will be limited.
3. To achieve this goal, commercial development must consist of larger
corporate /employment uses, with ancillary support uses comprising no more than
1070 of the total planning area; big boxes should be prohibited.
Chapter 8 - Transportation
8.2 Street Classifications
A roadway system must include a number of streets, each of which are designated to
handle a particular type and amount of traffic. The Community Planning Association
(COMPASS) Functional Street Classification Map illustrates the various classifications of
roadways that are included in the Ada County roadway system. The Eagle section of the
COMPASS Functional Street Classification Map and Regional Transportation Plan should
consider the City of Eagle Transportation/Pathway Network Maps #1 and #2.
• Principal arterials provide major circulation and movement through urban areas and
to connect with major activity centers and freeways outside the City of Eagle.
Principal arterials are regional roadways and provide travel routes for longer trips. On-
street parking is prohibited.
• Residential collector streets intercept traffic from local streets and minor numbers of
abutting parcels and carry the traffic to a standard collector or arterial street.
Residential collectors typically extend less than one -half mile in length. Residential
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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.
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 Iess 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 Iimited and controlled access to residential neighborhoods. Direct lot
access is typically restricted.
Right -of -Way:
As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway District.
8.2.6 Local Roadways
Mobility Function:
The primary function of a local street is to serve abutting property. Local streets
are to be designed to allow on- street parking and discourage continuous or
unobstructed flow of traffic through residential neighborhoods.
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Access Function:
To normally provide abutting properties with unrestricted access to the local street
unless the street is a local commercial street, in which case access restrictions may
apply.
Right -of -Way:
As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway District.
4. Goals
A. Roadway System Goals
L Develop a transportation system to serve the planned land uses of the City of
Eagle and its Area of Impact. The transportation system should provide regional
connectivity to neighboring cities and regions.
2. Maintain the functional and connectivity of the street system for current users,
emergency response efforts, and for use by future generations.
3. Using sound land use and transportation relationships, develop alternate routes or
corridors for ACHD planners to evaluate that best emphasize the needs of
developing areas while lessening the potential for congestion. This is typically
implemented through the development review process.
4. Protect and buffer homes, businesses, sidewalks and pathways, parks and opens
spaces from the adverse impacts of roadways and traffic. Reasonable design
measures should include narrower street sections, medians, alleys, landscaping,
pathways and trails, and the design of bridges and other structures.
Develop an access management plan for the arterial, collector and Iocal street
system. Communicate the access management plan to the iTD, the ACHD and
the local development community.
10. Protect and support the existing and planned roadway system connecting the City
of Eagle to the area south of the Boise River. Protect the operational integrity of
the existing river crossings at Eagle Road and Linder Road. Support the current
regional plans to develop two new river crossings in the SH -55 and SH -16
alignments.
12. Protect community identity and values of important roads from unnecessary
expansion by adopting specific designs and cross sections for these roads (ie:
North Eagle Road).
C. Pathway System Goals
1. Encourage the development of a local and regional pathway system. The
design of the pathway system should be coordinated with other elements
of the City's Comprehensive Plan. The pathway system is to provide
basic mobility for some and a non -drive alone mode for everyone.
2. Work regionally to integrate the pathway system with the ongoing
planning and design efforts for the SH-44, SH -16, SH -55 and US 20 -26
corridors.
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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 Iinks, 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 Iand 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 Iands.
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 (ITD) to ensure consistency between transportation system
improvements and the land use plans and decisions of the City of Eagle and
surrounding city and county governments.
8.6 Implementation Strategies
8.6.1 Roadway Strategies
A. Work in conjunction with the Ada County Highway District (ACRD), Idaho
Transportation Department (ITD), and Community Planning Association
(COMPASS) to classify roadways on the City of Eagle
Transportation/Pathway Network Maps #1, #2, #3 incorporated into this
Comprehensive Plan by reference. The Maps are to assure conformity to
designations as delineated on the Land Use Map. The maps shall be provided
to the Community Planning Association for input into the Community
Planning Association's Functional Street Classification Map and Regional
Transportation Plan.
C. The most recently adopted Regional Transportation Plan for Ada County of
record is adopted by reference as part of the City of Eagle Comprehensive
Plan.
F. Integrate all modes of travel to reduce travel and support air quality
improvement measures.
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G. Encourage roadway design standards and roadway classifications that are
consistent with the Idaho Transportation Department (ITD), Ada County
Highway District (ACRD), Community Planning Association COMPASS,
and other agencies that may be responsible for roadway planning and design.
I. Evaluate the impact to the City of all roadway improvements and roadway
extensions.
K. Work regionally to integrate the pathway System with the ongoing planning
and design efforts for the SH-44, SH -I6, SH -55 and US 20 -26 corridors
8.62 Specific Design Strategies
A. Encourage sidewalks that are separated from the curb on all streets, except for
areas where Eagle City Code requires sidewalks to abut the curb and where
existing buildings, inordinate environmental impacts, or other impacts make
setting the sidewalk back infeasible. Meandering sidewalks should be
required if permitted under the Americans with Disabilities Act (ADA) and
where space permits. A planter strip of sufficient width for street trees
between the sidewalk and roadway should be required. Where adequate
facilities exist, efforts should be made to provide a canopy effect over the
roadways. The type of street trees used should be those that have root systems
that have proven to not cause sidewalk or curb damage when in close
proximity to such improvements. Root barriers should be required.
C. Support the access restriction policies of the Ada County Highway District
and the Idaho Transportation Department at a minimum. The access
restrictions shall be based upon the most stringent future use of the roadway.
Temporary accesses may be considered in areas with a developing regional
roadway network.
D. Limit access to all arterial streets.
E. Discourage direct lot access to parcels abutting arterial and collector streets.
G. Develop methods, such as cross - access agreements, frontage and backage
roads, to reduce the number of existing access points onto arterial streets.
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
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20 -26 condors 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.
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.
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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
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.
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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 Iinks to adjoining pathway systems, parks, and open spaces.
9.6 Open Space
Open space is land which is not used for buildings or structures and offers opportunities
for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism,
leisure activities, viewpoints, and wildlife habitat.
9.6. l 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
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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 Iands, 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
commercial Iand 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
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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 Iife 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, 20126, 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 Iandscaped berms like those built adjacent to the Banbury and Lexington Hills
Subdivisions.
C. Provide residents of the City of Eagle and the Area of City impact with opportunities
to seek housing in a neighborhood of their choice.
D. Create a clearly identifiable community.
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12.4 Implementation Strategies
A. Establish and maintain development patterns and design criteria in keeping with the
rural transitional identity of Eagle.
B. Include in the City Design Review Ordinance criteria for building design,
landscaping, signage and other aesthetic standards. Development along State Street
within the Impact Area and outside the City limits shall be encouraged to comply with
the Design Review Ordinance.
J. Require new residential, commercial, and industrial development to meet minimum
design standards as specified by City Ordinances.
L. Develop buffer and transition zones between conflicting types of land use.
Q. Encourage the development of pathways and open -space corridors throughout the
City.
V. Maintain the rural residential character and open space environment n and around the
City.
HH. Provide a variety of housing opportunities ranging from large lot residential to multi-
family apartment uses.
II. State Highway 44, State Highway 55, State Highway 20126, State Highway 16 and the
proposed east west collector are designed as scenic corridors requiring landscaped
setback and separated meanderings sidewalks, modified standards may be necessary
within the Eagle Foothills.
Illustration 12.1
Berming along Eagle Road (State Highway 55)
KK. Recognize the following gateways:
6. Chinden Boulevard and Linder Road
Chapter 13 Implementation
13.5 Comprehensive Plan Amendments
From time to time, changing conditions will result in the need for comprehensive plan
amendments.
The Land Use Planning Act provides for amendment to the Comprehensive Plan. The
City Council or any group or person may petition the City Planning and Zoning
Commission for a plan amendment at any time. On its own initiative, the City Planning
and Zoning Commission may originate an amendment to the Comprehensive Plan.
However, the City Planning and Zoning Commission may recommend amendments to
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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 PIan.
6. A proposed development plan for any Iand involved if a specific development
is planned at the time the request for the amendment is being made.
7. An analysis showing the estimated impact that the proposed change is
expected to have on existing and planned infrastructure.
8. Any other data and information required by the City for the evaluation of the
request.
Definitions:
Commercial
Neighborhood Commercial A moderate sized shopping area
that features a grocery store but may also include a drug store or
variety of services such as stationary, clothes, restaurants, dry
cleaners, real Estates, gardening and other similar uses. A
neighborhood commercial area may have a total of 15,000 to
30,000 square feet but no single buildings in excess of 25,000
square feet.
Internal Circulation The movement of traffic into and out of properties and local
roadway systems without the need to enter onto arterials and
regional roadway networks.
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Live/Work Housing that is based on the traditional downtown living
arrangement - shopkeepers operated their businesses on the lower
levels of a building while living in apartments above. Best for
destination businesses or for offices with modest numbers of
visitors such as: salons, insurance agencies, and other
professional services.
Pedestrian Friendly/Pedestrian Oriented
The extent to which the built environment is friendly to the
presence of people living, shopping, visiting, enjoying, or
spending time in an area. Factors affecting pedestrian
friendliness include, but are not limited to: land use mix; street
connectivity; residential density (residential units per area of
residential use); "transparency" which includes amount of glass in
windows and doors, as well as orientation and proximity of
homes and buildings to watch over the street; plenty of places to
go to near the majority of homes; place making, street designs
that work for people, not just cars and retail floor area ratio.
Walkability is often interchanged with pedestrian friendly.
Professional Office Uses providing for administration, professional services, and
associated activities. These uses often invite public clientele but
are more limited in external effects than commercial uses.
Regional Transportation Corridors
Roadways that link communities across the region; normally
these are state highways and major arterials but may include
minor arterials in rural areas.
Strip Commercial A variety of unrelated retail, service and fast food use located at
mid block, oriented to take advantage of passing automobile
traffic. Connectivity between strip commercial is usually poor,
and each use will tend to have its own curb cut onto the arterial.
Shared /Joint Access Connecting neighboring properties and consolidating driveways
so they serve more than one property; allowing vehicles to
circulate between adjacent businesses without having to re -enter
the road.
Shared/Joint Parking A parking lot/structure located between or shared by two
properties to meet parking requires of the Code. In some cases a
joint lot/garage can be Iocated on a separate parcel of land with
joint or public ownership.
Transitional Density The shifting of density within a development to allow
compatibility with existing uses adjacent to or within a site.
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8 -1 -2: Rules and Definitions:
ARTS AND CRAFTS SHOWS (OUTDOOR): Display and sale of painting, sculpture, handicrafts
and similar objects.
AUTOMOTIVE FUEL ISLANDS: A retail fuel sales facility typically including a small kiosk
building covered by a canopy.
AUTOMOTIVE GAS STATION /SERVICE SHOP: Buildings and premises where gasoline, oil,
grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail and
where, in addition, the following services may be rendered and sales made:
A. Sales and service of spark plugs, batteries and distributors' parts;
B. Tire servicing and repair, but not recapping or regrooving;
C. Replacement of mufflers and tailpipes, water hoses, fan belts, brake Fluid, light bulbs, fuses,
floormats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors
and the like;
D. Radiator cleaning and flushing;
E. Washing, polishing and sale of washing and polishing materials;
F. Greasing and lubrication;
G. Providing and repairing fuel pumps, oil pumps, lines;
H. Minor servicing and repair of carburetors;
1. Adjusting and repairing brakes;
J. Minor motor adjustment not involving removal of the head or crankcase or racing the motor;
K. Sales of cold drinks, packaged food, tobacco and similar convenience goods for service station
customers, as accessory and incidental to principal operations;
L. Provisions of road maps and other informational materials to customers and provision of
restroom facilities; and
M. Warranty maintenance and safety inspections.
Uses permissible at an automotive gas station /service shop do not include major mechanical and
body work, straightening of body parts, painting, welding, storage of automobiles not in operating
condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent
greater than normally found at an automotive gas station /service shop. An automotive gas
station /service shop is not a repair garage nor a body shop.
AUTOMOTIVE WASHING FACILITY: An establishment or area that provides facilities for
washing and cleaning vehicles, which may use production line methods with a conveyor, blower,
or other mechanical devices, and that may employ some hand labor. The facility may include
vacuums and drying areas as accessory uses.
BAR: An establishment for which a license under title 3, chapter 2, articles A, B, and/or C of this
code is required where the principal business is the sale and consumption of alcoholic beverages
on the premises, but not including bars within restaurants.
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CHILDCARE FACILITY: Any facility where children regularly receive care and supervision,
usually unaccompanied by the children's parents, guardians or custodians, and regardless of
whether the facility does or does not provide any instruction. This use excludes the case of: a) the
operator's children or legal wards or children related by blood or marriage, b) occasional personal
guests, and c) children aged twelve (12) years and over. Any home, place, or facility providing
overnight custodial services for lodging or boarding for the occupants therein shall not be
considered a childcare facility.
There are three (3) types of childcare facilities:
A. Family daycare home: A childcare facility for six (6) or fewer children. Babysitting services
are an accessory use to residential uses.
B. Group daycare facility: A childcare facility for seven (7) to twelve (12) children.
C. Daycare center: A childcare facility for thirteen (13) or more children.
COMMERCIAL ENTERTAINMENT FACILITIES: An establishment which is generally related
to the entertainment field, the principal business of which is not the sale of alcoholic beverages.
CONVENIENCE STORE: Retail sales of food, beverages and small convenience items typically
found in establishments with long or late hours of operation.
DWELLING, MULTI - FAMILY: A dwelling consisting of three (3) or more dwelling units
including townhouses and condominiums with varying arrangements of entrances and party walls.
Multi- family housing may include public housing.
DWELLING, SINGLE - FAMILY: A dwelling consisting of a single dwelling unit only, separated
from other dwelling units by open space. This classification includes manufactured homes and any
home in which eight (8) or fewer supervised unrelated mentally and /or physically handicapped or
elderly persons reside.
EASEMENT: Authorization by a property owner for the use by another, and for a specified
purpose, of any designated part of his property.
LAUNDRY: A. With No Drive -Up Service: A business which launders and dry cleans clothing
and other fabric articles in bulk.
B. With Drive -Up Service: Institutions providing services accessible to persons who remain in
their automobiles. Drive -up service is classified separately because it is not appropriate at all
locations.
MICROBREWERY: A small brewery, generally producing fewer than ten thousand (10,000)
barrels of beer and ale a year and frequently selling its products on the premises. Also called
boutique brewery, brewpub. Tasting rooms for the consumption of on site produced beer is
permitted on the premises.
RESTAURANT WITH DRIVE- THROUGH: A restaurant, typically with indoor seating, which
includes drive -up window service for ordering food to go.
RETAIL SALES: A. General: The retail sale of merchandise not specifically listed under another
use classification. This classification includes department stores, clothing stores, video stores, and
furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted
items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods,
kitchen utensils, hardware, appliances, art antiques, art supplies and services, paint and wallpaper,
carpeting and floor coverings, office supplies, bicycles, and new automotive parts and accessories
(excluding services and installation).
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B. Limited: Excludes furniture, hardware; paint and wallpaper, carpeting and tloorcovering, new
automotive parts and accessories and similar uses.
C. Pharmacies and Medical: Establishments primarily selling prescription drugs, and medical
supplies and equipment.
WINERY: An establishment for the manufacture or bottling of wine. A winery may include, but is
not limited to, the following: a tasting room, barrel rooms, bottling rooms, tank rooms,
laboratories, sale of wine, processing structure, and offices.
• Eagle City Code, Section 8 -2 -1: Schedule of District Use Regulations:
Single- family and multi - family dwellings are allowed by Conditional Use within the MU (Mixed
Use) zoning designation.
• Eagle City Code, Section 8 -2 -1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the zoning
districts have been formulated to realize the general purposes as set forth in this title. In addition,
the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office,
limited commercial, and residential. This district is intended to ensure compatibility of new
development with existing and future development. It is also intended to ensure assemblage of
properties in a unified plan with coordinated and harmonious development which shall promote
outstanding design without unsightly and unsafe strip commercial development. Uses should
complement the uses allowed within the CBD zoning district. All development requiring a
conditional use permit in the MU zoning district, as shown in section 8 -2 -3 of this chapter,
shall occur under the PUD and /or development agreement process in accordance with
chapter 6 or 10 of this title unless the proposed development does not meet the area requirements
as set forth in section 8 -6 -5 -1 of this title. In that case a cooperative development, in conjunction
with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a
conditional use permit shall be required unless the proposed use is shown as a permitted use in the
MU zoning district within section 8 -2 -3 of this chapter. Residential densities shall not exceed ten
(10) dwelling units per gross acre. When a property is being proposed for rezone to the MU zoning
district a development agreement may be utilized in Iieu of the PUD and/or conditional use process
if approved by the city council provided the development agreement includes conditions of
development that are required during the PUD and conditional use process.
• Eagle City Code, Section 8 -2 -3 Schedule of District Use Regulations:
Residential dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning
designation.
Restaurant (with drive- through) is a prohibited use in the MU (Mixed Use) zoning district.
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• Eagle City Code, Section 8 -2-4 Schedule of Building Height and Lot Area Regulations for the MU
(Mixed Use) zone:
Zoning
Maximum
Front
Rear
Interior
Street
Maximum
Minimum
Minimum
District
Height
Side
Side
Lot
Lot Area
Lot
Covered
(Acres Or Sq.
Width I*
Ft.) G And
H*
MU
3S'
20'
20'
7.5'
20'
S0%
5,000
1 50'
8- 2 -4(G):
A decrease of minimum lot size in a subdivision may be allowed if there is an offsetting
increase of the same square footage in open space and a planned unit development is applied
for and approved.
• Eagle City Code Section 8 -2A -7: (J) Buffer Areas /Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically
separate and visually screen adjacent land uses which are not fully compatible due to differing
facilities, activities, or different intensities of use, such as townhouses and a convenience store,
or a high volume roadway and residential dwellings.
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi - family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and maintained
by a homeowners' association. Any landscaping proposed to be within the public right of way
shall not be included as a part of the buffer area required below. The height for
berming /fencing, as noted below, shall be measured from the elevation of the final grade of the
adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The
required buffer area width, plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the foIIowing plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50 %) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (I') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
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in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
• Eagle City Code, Section 8 -2A -8: Sign Regulations:
B: Definitions:
If conflict arises between any definition in this section and any other definition within this
title, the definition with the more specific and/or more restrictive definition shall control. Any
other words or phrases not specifically defined shall be interpreted to give this article its most
reasonable application.
POLE SIGN: A freestanding sign that is supported by one or more poles that are not enclosed
as in a monument sign structure.
C. Provisions And Requirements:
9. Prohibited Signs: The following signs and attention attracting devices shall be prohibited
within the entire city, except as may otherwise be specifically stated within this subsection.
The signs and other attention attracting devices prohibited herein are subject to removal by
the city at the owner's or user's expense:
a. Pole signs.
* Eagle City Code, Section 8 -6 -2: Effects of Other Zoning Provisions:
A. Whenever there is a conflict or difference between the provisions of this chapter and those of
the other chapters of this title, the provisions of this chapter shall prevail. Subjects not covered
by this chapter shall be governed by the respective provisions found elsewhere in this title.
• Eagle City Code, Section 8 -6-4: Uses Permitted:
All uses that may be allowed within the land use district are permitted within a PUD. Also, up to
ten percent (l0 %) of the gross land area may be directed to other commercial, office, public and
quasi - public uses that are not allowed within the Iand use district; provided, that there is a
favorable finding by the council:
A. That the uses are appropriate with the residential uses;
B. That the uses are intended to serve principally the residents of the PUD;
C. That the uses are planned as an integral part of the PUD;
D. That the uses be located and so designed as to provide direct access to a collector or an arterial
street without creating congestion or traffic hazards; and
E. That a minimum of fifty percent (50 %a) of the residential development occurs prior to the
development of the related commercial or office land uses.
• Eagle City Code, Section 8 -7 -3 -3 Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential development and
enhance the attractiveness of the community (such as trees, watercourses, historic spots and
similar irreplaceable assets) shall be preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large scale developments,
the council may require sufficient park or open space facilities of acceptable size, location and
site characteristics that may be suitable for the proposed development.
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C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9- 3- 2 -1(J):
Driveways: Driveways providing access to no more than two (2) dwelling units shall be allowed
within any subdivision.
• Eagle City Code Section, 9 -3 -5: Lots:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height and
area regulations as set forth in section 8 -2-4 of this code, except that lot sizes that vary from
the standards within section 8 -2-4 of this code may be considered as part of the planned unit
development.
• Eagle City Code Section 9 -3 -6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot
lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement
widths, to coincide with respective setbacks, may be considered as part of the planned unit
development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as pare of the
planned unit development.
• Eagle City Code Section 9 -3 -7: Planting Strips and Reserve Strips:
Planting strips and reserve strips shall conform to the following standards:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed next to
incompatible features such as highways, railroads, commercial or industrial uses to screen the
view from residential properties and to provide noise mitigation for those residents. Such
planting strips/buffer areas shall be a minimum of twenty feet (20') wide unless a greater width
is required within section 8 -2A -7 of this code. The landscape strip/buffer area shall not be a
part of the normal street right of way and shall comply with all landscape/buffer area
requirements within section 8 -2A -7 of this code.
• Eagle City Code Section 9 -3 -8: Public Sites and Open Spaces:
Public sites and open spaces shall conform to the following standards:
C. Special Development: In the case of planned unit developments and large scale developments,
the city council may require sufficient public and/or private park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development.
• Eagle City Code, Section 94-1 -6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6) to ten feet (10) in width.
Micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet (8') wide and shall be located within a
sixteen foot (I6') wide pedestrian access easement, however, in an area where low volume
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pedestrian traffic is anticipated, the council may consider a reduction in pathway width to
six feet (6). Regional pathways such as the Boise River greenbelt and pathways located
adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located
within a twenty foot (20') wide pedestrian access easement.
3. A five foot (5') wide landscaped arealbuilding and fence setback, as measured from both
edges of the paved path, shall be required, and will be owned by either the abutting
property owner(s) or a homeowners' association unless accepted by a public entity. The
five foot (5') wide landscaped area on either side of the pathway may be decreased to a
minimum of two feet (2') wide (as measured from the edge of asphalt to the easement line)
when used in conjunction with a meandering pathway, however, the total width of the
landscape area shall not be less than ten feet (10') (i.e., 2 feet on one side of the path and 8
feet on the other). For safety purposes, planting material in this area is limited to three feet
(3') in height. The Iandscape, fence and building regulations for this area shall be indicated
by a note on the plat.
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or at
the building setback line, is over one hundred feet (100'), sidewalks on only one side of
the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by
a minimum eight foot (8') wide landscape strip. The landscape strip shall be completed
with sod, automatic irrigation, and planted with three inch (3") minimum caliper shade
class trees along all streets within the subdivision. Installation of landscaping shall be in
accordance with section 8 -2A -7 of this code. The area within the eight foot (8') wide
landscape strip may be counted toward the minimum required common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor
variations to the Iocation of a tree may be considered by the design review board during
the review of the subdivision landscape plan.
• Eagle City Code Section 9- 4 -1 -8: Underground Utilities:
Underground utilities are required.
• Eagle City Code, Section 9 -5 -5: Large Scale Development Subdivision; Required Information
Large scale development subdivisions proposed within the R -2, R -3, R4, and MU zoning
districts shall be submitted as planned unit developments. Due to the impact that a large scale
development would have on public utilities and services, the developer shall submit the
following information along with the preliminary plat:
A. Identification of all public services that would be provided to the development including,
but not limited to, fire protection, police protection, central water, central sewer, road
construction, parks and open space, recreation, maintenance, schools and solid waste
collection;
B. Estimate of the public service costs to provide adequate service to the development;
C. Estimate of the tax revenue that will be generated from the development; and
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D. Suggested public means of financing the services for the development if the cost for the
public services would not be offset by tax revenue received from the development.
• Eagle City Code, Section 9 -5 -7: Subdivision Within A F000dplain:
In addition to the provisions of this title, any subdivision within the designated floodplain of
the city shaII comply with all applicable provisions of the floodplain regulations of the city as
now in effect or as may hereafter be amended-
D. FLOOD CONTROL ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code, Section 10 -1 -1: Findings of Fact and Purpose:
B. Purpose: It is the purpose of this title to promote the public health, safety and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed:
1. To protect human life and health;
2. To minimize expenditure of public money for costly Flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
5. To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in areas of special flood hazard;
6. To help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future flood blight areas;
7. To ensure that potential buyers are notified that property is in an area of special flood
hazard, warn that city review and approval is not going to prevent flooding and that
flooding may occur, and advise of information available to the city regarding flood
hazards, studies and available options;
8. To ensure that those who occupy the areas of special flood hazard assume responsibility
for their actions;
10. To restrict or prohibit uses which are injurious to health, safety or property in times of
flood, which result in environmental damage, or that cause increased flood heights or
velocities;
11. To minimize the impact of development adjacent to waterways on adjacent properties
upstream, downstream and across waterways;
12. To review development plans for property adjacent to waterways to minimize the
obstruction of the conveyance of floodwaters, review drainage /obstructions to flood
carrying capacity, and guide development adjacent to waterways toward the most
appropriate building envelope for its particular site;
13. To carry out the provisions of the comprehensive plan as well as health, safety and welfare
with regard to properties adjacent to waterways;
14. To review landscaping and access for flood carrying capacity and preservation or
enhancement of riparian vegetation;
15. To allow the river and creeks and their adjacent lands to convey floodwaters to minimize
property damage;
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16. To regulate uses in the floodplain for the purpose of preserving, protecting, and enhancing
the abundance and diversity of fish, wildlife and riparian resources; and
17. To protect, preserve and enhance the waterways and floodplains as a recreation resource.
0 Eagle City Code, Section 10 -1 -2: Methods of Accomplishing Purpose:
In order to accomplish its purpose, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water
or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities;
• Eagle City Code, Section 10 -1 -5: Rules and Definitions:
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain subject to one percent (I %)
or greater chance of flooding in any given year. Designation on maps always includes the letters A
or V. Areas of special flood hazard shall include all areas previously identified within the areas of
special flood hazard (ASFH) that have been excluded from the ASFH by a letter of map revision
(LOMR -F).
FLOODWAY: The channel of a river or other watercourse and adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot (F).
MEAN HIGH WATER MARK: A water level corresponding to the natural or ordinary high water
mark and is the line which the water impresses on the soil by covering it for sufficient periods of
time to deprive the soil of its terrestrial vegetation and destroy its value for commonly accepted
agricultural purposes. The current mean high water mark is at a flow of six thousand five hundred
(6,500) cubic feet per second (cfs) along the Boise River. Tributary waters within the city of Eagle
will reference specific data establishing the water level. The mean high water mark is established
by the U.S. army corps of engineers.
NO ADVERSE IMPACT: Floodplain management where the action of one property owner does
not adversely impact public property or other private property, as measured by increased flood
peaks, flood stage, flood velocity, and erosion and sedimentation. No adverse impact floodplain
management is a policy which provides a means to promote the use of retention /detention or other
techniques to mitigate increased runoff from urban areas.
RIPARIAN ZONE: That area along the banks of any waterway twenty five feet (25 ") in width
measured landward from the mean high water marl:.
• Eagle City Code, Section 10- 1 -8 -2: General Building Requirements:
E. Postconstruction Elevation Certificate: Prior to issuance of a certificate of occupancy, a
postconstruction elevation certificate (FEMA form 81 -31) referencing land and structures
included or removed from the area of special flood hazard is required. All lots and structures
removed from the area of special flood hazard by letter of map change require certification by
a registered professional engineer demonstrating that the lot or structure is "reasonably safe
from flooding ", as defined in section I0 -1 -5 of this chapter. The elevation certificate must
verify the elevation of the lowest floor or lowest adjacent grade to be one foot (l) above base
flood elevation.
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• Eagle City Code, Section 10- 1 -8 -5: Subdivisions:
A. All subdivision proposals shall be consistent with the need to minimize flood damage;
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
damage; and
D. Base flood elevation data shall be provided for subdivision proposals and other proposed
development located within any area of special flood hazard. (Ord. 332, 2 -23 -1999; and. Ord,
700A, 3 -11 -2014)
E. All subdivision plats shall identify and designate the 100 -year floodplain boundary and the
floodway boundary including a certification by a registered surveyor that the boundaries were
established consistent with the FIRM map for the city of Eagle. All subdivision plats shall
contain a note or notes that warn prospective buyers of property that sheet flooding can and
will occur and that floods of greater magnitude may inundate areas outside identified floodway
and floodplain boundary lines.
F. All subdivision plats shall contain note(s) that refer to the required twenty five foot (25')
setback from all waterways, called the riparian zone, in which no improvement is permitted
and require that riparian vegetation shall be maintained in its natural state for the protection
and stabilization of the riverbank and that removal of trees or other vegetation is regulated.
• Eagle City Code, Section 10- 1 -8 -6: Specific Standards:
In all cases of special flood hazard where base flood elevation data has been provided as set forth
in section 10 -I -6 of this chapter, the provisions of this chapter shall be required:
D. Floodways: Located within areas of special flood hazard established in section 10 -1 -6 of this
chapter, are areas designated as Foodways. Since the floodway is an extremely hazardous area
due to the velocity of floodwaters which carry debris, potential projectile and erosion potential,
the following provisions apply: (Ord. 332, 2 -23 -1999, and Ord. 700A, 3 -11 -2014)
1. Encroachments, including fill, new construction, substantial improvements and other
development, are prohibited unless an approved floodplain development permit is issued
demonstrating that encroachments shall not result in any adverse impacts during the
occurrence of the base flood.
2. Encroachments, including fill, new construction, substantial improvements and other
development are prohibited unless certification by a registered professional hydraulic
engineer is provided demonstrating that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge; and uses within the
floodway shall be restricted to those which are required by public necessity (for example,
bridges; water pumps), recreational use (for example, paths), wildlife habitat
improvements (for example, vegetation; nesting structures; pool /riffle improvements), and
gravel extraction; provided that the use /encroachment meets the approval of the federal
emergency management agency and national flood insurance program and does not
jeopardize the city's participation in the national flood insurance program.
3. Subsection Dl of this section shall comply with all applicable flood hazard reduction
provisions of this section 10 -1 -8.
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5. All buildings shall be set back a minimum of one hundred feet (100') from the floodway
line. Except that when the area of special flood hazard boundary is one hundred feet (100)
or less from the floodway line, the boundary line shall be the setback line.
6. No development is permitted within the twenty five foot (25') setback from all waterways
called the riparian zone and riparian vegetation shall be maintained in its natural state for
the protection and stabilization of the riverbank, and removal of trees or other vegetation is
regulated in accordance with this chapter.
7. For all subdivisions along the Boise River, prior written approval from Flood Control
District 10 is required to protect access to the river for maintenance.
8. Compensating excavation in accordance with an engineered plan for orderly conveyance
of floodwater, or equivalent mitigating measures may be performed in the floodway when
certified by a registered professional engineer. Mitigation design shall include provisions
to prevent relocation or diversion of flow paths from causing increased jeopardy to any off
site property at any level of flooding from the 1-year flood up to the base flood.
Maintenance provisions for excavated areas prone to fill from sediment and other debris
shall follow the requirements of subsection 9- 3 -2 -5C of this code for private streets.
9. In the design of public and private parks and open space areas, fixed structures or
equipment that would impede floodwaters shall not be permitted within the floodway.
E. Riparian Areas: Located within areas of special flood hazard, established in section 10 -1 -6 of
this chapter, are areas designated as riparian areas. Since riparian areas provide critical flood
management and fish and wildlife habitat, the following provisions apply:
1. Preservation or restoration of the inherent natural characteristics of the river and creeks
within the floodplain;
2. Preservation of riparian vegetation and wildlife habitat, if any, along the stream bank and
within the required minimum twenty five foot (25') setback or riparian zone;
3. No development or other than development by the city of Eagle or required for emergency
access shall occur within the twenty five foot (25') riparian zone with the exception of
approved stream stabilization work. The Eagle city council may approve access to
property where no other primary access is available. Private pathways and staircases shall
not lead into or through the riparian zone unless deemed necessary by the Eagle city
council.
4. Plan and time frame shall be provided for restoration of riparian vegetation damaged as a
result of the work done;
5. New or replacement planting and vegetation shall include plantings that are low growing
and have dense root systems for the purpose of stabilizing stream banks and repairing
damage previously done to riparian vegetation. Examples of such plantings include: red
osier dogwood, common chokecherry, serviceberry, elderberry, river birch, skunk bush
sumac, beb's willow, drummond's willow, little wild rose, gooseberry, and honeysuckle.
E. DISCUSSION:
• The applicant is requesting a comprehensive plan map and text amendment to change the Future
Land Use Map and SH-44 and Ballantyne Planning Area text for a 39.7 -acre area on the south side
of State Highway 44 at the southwest corner of Ballantyne Lane and State Highway 44 from
Business Park to Mixed Use (Residential, Office and Commercial). The applicant is also
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requesting an annexation, rezone with development agreement (in lieu of a PUD) and a
preliminary plat approval at this time. The applicant is requesting to rezone the property from BP-
DA (Business Park with a development agreement) and PS -DA (Public /Semipublic with a
development agreement) to MU -DA (Mixed Use with a development agreement [in lieu of a
PUD]). Since the applicant is requesting a rezone staff will recommend that the previous
development agreement be voided (Ada County Instrument #110008343) and an amended and
restated development agreement associated with the rezone be executed.
• Under the "Comprehensive PIan Amendment" section (Chapter 13, Section 13.7 [c] [3]) within the
2011 Comprehensive Plan, the applicant must show, "the condition or situation which warrants a
change being made in the plan." In the applicant's justification letter, date stamped by the City on
May 12, 2015, the applicant states the following:
"in 2009, a portion of this site was approved for a business park subject to provisions of a
Development Agreement recorded on January 28, 2010, as Instrument No. 110008343. Since that
time, the project has not progressed and we now have the original site and 4.5 additional acres
under contract to purchase.
The previous approvals encompassed 18.6 acres and proposed a potential of 177,000 sf of
commercial structures. However, given the changes in market conditions and the addition of the
4.5 -acre parcel, there are certain adjustments that we feel will enhance the layout, contribute to the
tax basis, accommodate traffic considerations, boost employment estimates, and provide a variety
of housing options while still offering a desired commercial component along SH -44."
• The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 [c] [4]) seeks to
identify "the public benefit that would occur from such a change in the plan." In the applicant's
justification letter, date stamped by the City on May 12, 2015, the applicant provided the
following:
"A variety of public benefits will be realized with the successful rezone and map amendment of
this property. The project will bring a mix of new commercial, office, and residential uses that
promote a "neighborhood" feel with easy access for residents to shops and stores, while also
providing walking path and greenbelt connectivity. This is also a highly- desired location for a fuel
station which, with the addition of a right turn lane on SH-44, would provide motorists with easy
access from the SH-44 and West State Street intersection without disrupting traffic flows along the
highway. A fuel station at this location maximizes the existing traffic signal, which further aids
ITD in minimizing accesses onto SH-44. While this property does fall within Eagle's Scenic
Corridor, we are confident that a fuel station facility could be designed with appropriate screening
and architectural details that would be compatible with the other commercial /office uses within the
project and the surrounding area without deterring from the end goals of the scenic corridor
designation."
• Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 [c] [5]) the
Applicant must provide "An explanation of why no other solutions to the condition or situation
which warrants a change in the Plan are possible or reasonable under the current policies of the
Plan". In the applicant's justification letter, date stamped by the City on May 12, 2015, the
applicant provided the following:
"As stated above, the subject property carries a current land use designation of Business Park.
While many of the components in this project may be feasible under the present designation,
certain other aspects are not and staff felt that a map amendment would be the most appropriate
course of action to accommodate our variety of proposed uses and promote continuity between our
zoning and map designations. Therefore, with this application we are requesting a new land use
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designation of Mixed Use over the entirety of our site."
• The Eagle Comprehensive Plan Chapter 1: Overview, Section 2: Vision promotes:
o interconnected with user - friendly pathways and roadways;
o providing diversified employment and housing opportunities for all economic groups;
o an environmentally aware community with distinctive open space, parks and outdoor
recreation;
o an economically strong city, that fosters local businesses and clean industry;
o Identify "Activity Centers ": Identify areas that, due to the nature of existing uses, future uses
and/or transportation corridors, will lend themselves to increased activity and non - residential
use to preserve larger areas as primarily residential neighborhoods and sensitive areas as open
space.
o Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve the function
of regionally significant roadways through the City while ensuring compatibility with land
uses and design standards of the City.
o Increased Employment Opportunities: Identify areas that will provide significant employment
opportunities to the residents of the City of Eagle thereby allowing the City to be a desirable
place to live, work, and recreate.
The applicant's proposal is consistent with the larger goals and vision of the City comprehensive
plan. The site in question was designated as an employment center in 2008. Since the initial
change in use several changes have taken place around the property including the signalization of
the Ballantyne and SH-44 intersection and the approval of a mixed use /multi- family project at the
northeast corner of Ballantyne and SH-44 intersection. The site is located along a major regional
corridor, SH-44 (the only regionally significant east -west arterial north of the Boise River) and has
direct signalized access to the state highway.
The development will promote connectivity to the greenbelt and Boise River corridor that is
currently separated from the City's population base by State Highway 44.
The project, as proposed, also provides for the development of a new east -west collector south of
SH-44 beginning to construct and establishing an alignment of the planned collector between the
signal at Ballantyne and SH-44 to the Signal at SH-44 and Fisher Park Way providing an
alternative route to the State /regional system for local trips.
• Numerous policies with in The Eagle Comprehensive Plan address how the City should plan for
property rights and the provision of services:
• 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:
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o 4.7.3 (B) states: Compare ESD expansion Plans with the City's information regarding
planned development within the Area of City Impact & the Eagle Foothills.
o 4.7.3 (F) states: Continue to work with the Eagle Sewer District to coordinate urban
development based upon Land Use component of the Comprehensive Plan and the Eagle
Sewer District Master Plan.
o The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6 (B) states: "Establish land use
patterns and zoning districts that do not exhaust available services such as sewer, water,
police, fire, recreational areas, highways and transportation systems.
o The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6 (I) states: Limit non-
residential uses to designated areas, with scaling and intensity paramount to the approval of
these uses.
The site is located in an area previously planned for residential (2004 Plan) and subsequently
changed to Business Park (2008). The site is immediately adjacent to the west of the Eagle Sewer
District treatment facility and adequate services are available for the development.
The applicant's request is not to create a new "non - residential area" but to expand and provide
additional uses in an existing non - residential area. The City's current comprehensive plan
identifies this area as being Business Park, the applicant's request would expand the uses to allow
for a mixture of uses (vertical and horizontal) that includes Business Park use but would also allow
for a mix of uses to occur within the planning area. The inclusion of residential and limited
commercial uses will create the opportunity for a more integrated mixed use node similar to Bown
Crossing in SE Boise or the 3611i Street Garden Plaza at 36Eh Street and Hill Road in NW Boise.
The area is currently serviceable by United Water and the Eagle Sewer District. The Applicant is
working closely with the Eagle Sewer District to provide the District access to the signal at SH -44
and Ballantyne Lane and to relocate the access road to the District's treatment facility immediately
east of this site.
• Numerous policies with in The Eagle Comprehensive Plan address how the City should plan for
property adjacent to and near major transportation corridors:
o The Long Range Street and Highway Classification Map designates State Highway 44 as a
principal arterial.
o The Eagle Comprehensive Plan encourages locating compact and multi - family development
along major transit corridors and near activity centers to encourage pedestrian accessibility and
circulation. A typical walking distance is 1/4-mile.
o 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.
o 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
connectivity. The connecting roadways should be designed to not become collectors and to
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discourage traffic from cutting through neighborhoods to go from a collector or arterial to
another collector or arterial. Such intra - neighborhood connectivity is for emergency and
delivery vehicles and for local intra- neighborhood access
The project as proposed is consistent with many of the existing policies of the City's
comprehensive plan. The proposed development will locates residential along a future transit
corridor within 1/a mile of an existing park and ride facility, adjacent to the Boise River Corridor
and greenbelt, within 1/z mile of Eagle Island State Park, and will provide basic goods and services
to an area that is over a mile from the services of Downtown Eagle.
The applicant provided an Environmental Impact Assessment report, date stamped by the City on
September 3, 2015, pursuant to Eagle City Code Section 9- 5 -8(B). The applicant did not provide a
Habitat Analysis as required by the Comprehensive Plan Amendment application submittal
requirements. Staff requested the City's environmental consultant, Environmental Conservation
Services, Inc. (ECS), review the Environmental Impact Assessment with regard to addressing the
requirements of a Habitat Analysis. ECS provided correspondence, date stamped by the City on
October 12, 2015, which indicated the Environmental Impact Assessment report does not
adequately define the current conditions, does not fully address the associated impacts of the
development and does not identify viable mitigation measures. ECS recommended that the
applicant provide an updated report to address the aforementioned deficiencies. The applicant
should provide a Habitat Analysis that updates the Environmental Impact Assessment report
consistent with the Environmental Conservation Services, Inc. letter, date stamped by the City on
October I2, 2015. The Habitat Analysis should identify any mitigation measures needed for the
site. The Habitat Analysis should be reviewed and approved by staff and the City's environmental
consultant prior to submittal of a final plat application.
The applicant's narrative, date stamped by the City on September 3, 2015, indicates they are
requesting a development agreement in lieu of a PUD to request the following allowances: 1)
attached sidewalks, 2) increased lot coverage, 3) reduced lot size, 4) reduction of the required
street frontage from 35 -feet to 25 -feet, 5) reduction of lot width from 50 -feet to 25 -feet, 6)
reduction of setbacks, 7) reduction of driveway length to allow for parking, 8) waiver of the
required 35 -foot wide landscaped buffer located adjacent to a collector, 9) a height exception from
35 -feet to 42 -feet in height, and 10) the use of "Northwestern" style of architecture.
Request #I
The preliminary plat, date stamped by the City on September 3, 2015, contains two (2) street
sections showing the internal streets in the development will have attached sidewalks. Pursuant to
Eagle City Code Section 9- 4- 1 -6(F), sidewalks shall be separated from the edge of the abutting
roadway and/or back of curb by a minimum eight -foot (8') wide landscape strip. The applicant
should provide a revised preliminary plat showing the street sections for the internal streets with
detached sidewalks pursuant to Eagle City Code. The revised preliminary plat should be provided
prior to submittal of a final plat application.
Request #2.6, and 7
Pursuant to Eagle City Code Section 8- 6- 5- 5(A)(3), setbacks for modified lot sizes shall conform
with the closest compatible base zone identified in Eagle City Code Section 8 -2-4. The proposed
setbacks as identified in the applicant's narrative, date stamped by the City on September 3, 2015,
are:
Patio Product (Block 1)
Front: 15 -feet living space / 18' garage
Rear: 15 -feet
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Interior Side:
5 -feet for all stories with 1' encroachment allowance for
fireplaces
Street Side:
I5 -feet
Maximum Lot Coverage:
60%
Cottage Product (Blocks 2 & 3)
Front
15 -feet
Rear:
10 -feet
Interior Side:
5 -feet all stories with F encroachment allowance for fireplaces
Street Side:
10 -feet
Maximum Lot Coverage:
60 %
Townhome Product Block 4 and Live/Work Product Block 5
Front:
15 -feet
Rear:
10 -feet
Interior Side:
0 -feet
Interior Side on Common Area: 5 -feet for all stories with V encroachment allowance for
fireplaces
Street Side:
5 -feet for all stories
Maximum Lot Coverage: 75%
Flex /Commercial /Office/Residential Condo Area
Zero lot line setbacks are requested for the commercial portion of this project.
Maximum Lot Coverage: 100% (Commercial)
75% (Flex Lot)
Pursuant to Eagle City Code Section 8 -24, the following setbacks are required within the MU
(Mixed Use):
Front 20 -feet
Rear 20 -feet
Interior Side 7.5 -feet (first story) /12.5 -feet (second story)
Street Side 20 -feet
Maximum Lot Coverage: 50%
In regard to the reduction of setbacks staff has the following concerns:
The applicant provided a Product Type Exhibit, date stamped by the City on September 3, 2015,
which shows the Cottage, Townhome, and Live/Work Product garages will be rear loaded. The
Patio Product garages will be front loaded from the street. The applicant is requesting that the
Patio Product garages be setback 18 -feet from the property line. Pursuant to Eagle City Code
Section 8 -24 (G), front loaded garages are required to be setback 25 -feet from the back of
sidewalk. Based upon the street sections showing the 42 -foot right -of -way the lots with the five -
foot (5') attached sidewalks the right -of -way extends 1.5 -feet beyond the sidewalk which adds an
additional 1.5 -feet to the 18 -foot setback, therefore, allowing for 19.5 -feet between the garage and
the back of the sidewalk. However, the other side of the street (with the eight -foot (8') wide
attached sidewalk) the sidewalk encroaches 1.5 -feet into the lot, therefore, based on the requested
setback the length of the area between the garage and the back of the sidewalk would be I8 -feet
minus the 1.5 -feet for a total length of 16.5 feet. Staff recommends the garage setback for the Patio
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Product Iots be a minimum of 20 -feet from the property line. Also, the Product Type Exhibit
should be incorporated into the development agreement as an exhibit.
The applicant is requesting a 15 -foot rear yard setback for the Patio Product lots as identified on
the Product Type Exhibit, date stamped by the City on September 3, 2015. The preliminary plat,
date stamped by the City on September 3, 2015, identifies an Eagle Sewer District 20 -foot wide
utility easement, instrument No. 8313723, located adjacent and in proximity to the eastern
boundary of the residential area of the subdivision. The easement continues north through the
commercial common area and through a commercial buildable lot. The Eagle Sewer District
easement encroaches I0 -feet to 30 -feet in width into the rear of Lots 1 -13, Block 1 (residential)
and the side lot area of Lot 15, Block 1. The easement divides Lot 6, Block 6, in half. The
applicant is requesting a 15 -foot wide rear yard setback for the residential lots and a five -foot (5')
wide side easement. Based on the location of the easement the rear setback for Lots 1-11, Block 1,
should be 20 -feet. The rear setback for Lots 12 and 13, Block 1, and the east side setback for Lot
15, Block 1, should be 30 -feet. The applicant should provide a revised preliminary plat showing
Lot 6, Block 6, located outside of the Eagle Sewer District 20 -foot utility easement instrument No.
8313723, identified on the preliminary plat, date stamped by the City on September 3, 2015. The
revised preliminary plat should be provided prior to submittal of a final plat application.
The request for allowing a one -foot (P) encroachment into the side setback for fireplaces will
allow the fireplace to encroach into the noted five -foot (5') wide public utility, drainage, and
pressurized irrigation easements adjacent to interior lot lines noted as plat note #3 on the
preliminary plat, date stamped by the City on September 3, 2015. The applicant should provide a
revised preliminary plat with plat note #3 revised to read, "All residential lots shall have a 4 -foot
wide public utility, drainage, and pressurized irrigation easement adjacent to all interior lot lines,
except for lots within Blocks 4 and 5, which will have no easements adjacent to all interior lot
lines." The revised preliminary plat should be provided prior to the submittal of a final plat
application.
The request for allowing the fireplace encroachment should be pursuant to the Encroachment
Exhibit provided by the applicant, date stamped by the City on October 12, 2015. The
Encroachment Exhibit should be incorporated into the development agreement as an exhibit.
It is staff's opinion that the setbacks should be as follows:
Patio Product (Block 1
Front: 15 -feet living space 120 -feet garage
Rear: Lots 15- 37, Block l 15 -feet
Lots 1 -11, Block 1 20 -Feet
Lots 12 -13 30 -feet
Interior Side: 5 -feet for all stories with 1 -foot encroachment allowance for
fireplaces (as shown on the Encroachment Easement Exhibit G)
Lot 15, Block 1 Side Setback (east) 30 -feet
Street Side: 15 -feet
Maximum Lot Coverage: 60%
Cottaue. Product (Blocks 2 & 3)(Rear- loaded earaim
Front: 15 -feet
Rear: 10 -feet
Interior Side: 5 -feet all stories with l -foot encroachment allowance for
fireplaces (as shown on the Encroachment Easement Exhibit G)
Street Side: 10 -feet
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Maximum Lot Coverage: 60 %
Townhome Product Block 4 and Live/Work Product Block 5 Rear - loaded garage)
Front:
Rear:
Interior Side:
Interior Side on Common Area:
Street Side:
Maximum Lot Coverage
15 -feet
10 -feet
0 -feet
5 -feet for all stories with F encroachment allowance for
fireplaces (as shown on the Encroachment Easement
Exhibit G)
5 -feet for all stories
75%
Flex /Commercial/Office/Residential Condo Area
Zero lot line setbacks are requested for the commercial portion of this project.
Maximum Lot Coverage: 100% (Commercial)
75% (Flex Lot)
Request #3.4. and 5
Staff is supportive of these requests based upon the submitted preliminary plat, date stamped by
the City on September 3, 2015.
Request #8
East Old Valley Street is designated as a collector. Pursuant to Eagle City Code Section 8 -2A-
7(J)(4)(a), any road designated as a collector is required to have a 35 -foot wide buffer area for
residential lots located adjacent to a collector. The buffer area is required to be located within a
separate common lot. Two (2) residential lots are located adjacent to East Old Valley Street. The
applicant is requesting a waiver of the required buffer and is proposing a 15 -foot wide street side
setback with enhanced landscaping to be located along the north lot Iines adjacent to the street. It
is unknown what the applicant is proposing at this time. If a reduced buffer area located adjacent
to East Old Valley Street is approved, the proposed landscaping located within the street side
setback area adjacent to the north property lines of Lots I and 37, Block 1, should be
commensurate with landscaping requirements pursuant to Eagle City Code Section 8 -2A-
7(J)(4)(a). The Iandscape plan should be reviewed and approved by the Design Review Board
prior to submittal of a final plat application.
Request #9
The applicant is requesting a height exception to allow the buildings located within the
commercial /condo and live /work portion of the development to be constructed to a maximum of
42 -feet in height to accommodate a variety of product. The live /work units are proposed to have a
commercial use at street level and two (2) floors of residential or one (1) floor office and one (1)
floor of residential above the first floor of commercial use. Although this area is not located within
a Design Review Overlay District the Downtown Development Area (DDA) and the Transitional
Development Area (TDA) Design Review Overlay Districts allow buildings up to a maximum of
40 -feet in height to encourage a type of use similar to what the applicant is proposing. The
applicant has provided a building elevation, date stamped by the City on October 12, 2015,
showing a profile of a building at the requested height of 42 -feet. The proposed building height of
the commercial/condo and live /work units should not exceed 42 -feet in height as shown on the
submitted building elevation (Exhibit H).
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The preliminary plat, date stamped by the City on September 3, 2015, shows the subdivision
connecting to an existing sewer Iine located adjacent to the eastern boundary through an easement
located within Lots 5 and 6, Block 1. The preliminary plat delineates a 10 -foot wide easement
(total 20 -foot wide easement) located adjacent to the shared interior lot line of the respective lots,
however, the requested side setback of 5 -feet in width does not identify an exception for these lots.
Also, the preliminary plat notes five -foot (5') wide easements (staff is recommending four -foot
[4'1 wide easements) located adjacent to interior lot lines. The applicant should be required to
provide a revised preliminary plat with a new plat note that states, "The interior lot line common to
Lots 5 and 6, Block 1, shall have a 10 -foot wide (total 20 -feet) public utility easement in favor of
the Eagle Sewer District." The revised preliminary plat should be provided prior to submittal of a
final plat application.
The applicant is requesting to permit a fuel station (Automotive Gas Station or Fuel Islands) on up
to ten percent (10 %) of the site pursuant to the PUD code (Eagle City Code Section 8 -6-4 "Uses
Permitted) (within the flex lot area). The development agreement for this development will be used
in lieu of a planned unit development (PUD). Development Agreements are a discretionary tool
used by the Council as a condition of rezoning and allow a specific product with a specific use to
be developed on property in an area that is not appropriate for all uses allowed or conditional in
the requested zone. Within a PUD, up to ten percent (I0 %) of the gross land area may be directed
to other commercial, office, public and quasi- public uses that are not allowed within the land use
district, provided that there is a favorable finding by the City Council that the proposed uses will
be compatible with the surrounding land uses. The applicant provided a preliminary plat, date
stamped by the City on September 3, 2015, that identifies a flex lot (potential fuel station) which is
2.1 -acres in size. The preliminary plat identifies the proposed subdivision is 39.7 -acres in size. The
flex lot covers 5.3% of the overall development or 8.5% of the development with the floodway
area excluded. If approved, the area where the proposed fuel station is proposed would be Iess than
l0% of the subdivision area. The applicant provided a site plan, date stamped by the City on
October 12, 2015, which shows a fuel station (Automotive Gas Station or Fuel Islands), fuel
canopy, automotive washing facility, and a building with a drive- through use. The commercial
area and flex lot are proposed to be Iocated adjacent to State Highway 44. If the applicant desires
to move forward with a fuel station (Automotive Gas Station or Fuel Islands) and a restaurant
(with drive- through) to be located within the flex lot area the applicant should be required to
submit a Conditional Use Permit application for these uses. The Comprehensive Plan identifies
this area as a Scenic Corridor. The Comprehensive PIan defines the Scenic Corridor area as an
overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate sign controls. The applicant provided a narrative,
date stamped by the City on September 3, 2015, which states, "that while the property does fall
within Eagle's Scenic Corridor, we are confident that a fuel station facility could be designed with
appropriate screening and architectural details that would be compatible with the other
commercial /office uses within the project and the surrounding area without deterring from the end
goals of the scenic corridor designation. The berming and landscaping located within the Channel
Center Subdivision located adjacent to State Highway 44 and State Highway 55 (South Eagle
Road) is in conformance with the goals established within the Comprehensive Plan for the Scenic
Corridor. The applicant should be required to install berming and landscaping adjacent to State
Highway 44 to be in conformance of the goals established for the Scenic Corridor. The applicant
should be required to install a three foot (3') high landscaped berm (measured from the centerline
of State Highway 44) within a 30 -foot wide common lot located adjacent to State Highway 44.
The berm area should be landscaped with the following plants per one hundred (100) linear feet of
right of way: two (2) shade trees, three (3) evergreen trees, and twenty four (24) shrubs. Each required
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shade tree may be substituted with one (1) flowering/ornamental tree, provided that not more than fifty
percent (50%) of the shade trees are substituted. The landscape plan should be reviewed and approved
by the Design Review Board prior to submittal of a final plat application.
The site plan also shows a building located outside of the flex area which may include a drive -
through restaurant. Pursuant to Eagle City Code Section 8 -2 -3 Restaurants (with drive - through) are
a prohibited use within the MU (Mixed Use) zoning district. Staff does not recommend approval
of the allowance for a Restaurants (with drive- through) within the commercial area located outside
of the flex lot, which is the only area plausibly allowed to incorporate uses otherwise not allowed
within the zone (see discussion above).
Plat note #2 of the preliminary plat, date stamped by the City on September 3, 2015, states "All
residential lots shall have a five -foot wide public utility, drainage, and pressurized irrigation
easement adjacent to all rear lot lines." Pursuant to Eagle City Code Section 9 -3 -6, unobstructed
utility and drainage easements with an easement width of 12 -feet (except lesser easement widths,
to coincide with respective setbacks, may be considered as part of a planned unit development) are
required along all front and rear property lines. The applicant has requested a minimum rear
setback for the residential areas to be 10 -feet in width. The applicant should be required to provide
a revised preliminary plat with plat note #2 revised to read, "All residential lots shall have a 10-
foot wide public utility, drainage, and pressurized irrigation easement adjacent to all rear lot lines."
The revised preliminary plat should be provided prior to submittal of a final plat application.
Plat note #8 of the preliminary plat, date stamped by the City on September 3, 2015, identifies the
common lots within the development. The plat note does not identify who is responsible for the
operation and maintenance of the common lots and the facilities located thereon. The applicant
should be required to provide a revised preliminary plat with an additional sentence added to plat
note #8 to read, "Common lots as shown are to be owned and maintained by the Stillwater
Subdivision Homeowner's Association." The revised preliminary plat should be provided prior to
submittal of a final plat application.
• The site previously had a residential dwelling Iocated on the lot which was served by an individual
well and septic system. The preliminary plat, date stamped by the City on September 3, 2015,
delineates an existing well located on -site, however, the preliminary plat does not identify the
location of a septic system. Based on the well location shown it appears the well is located within
Lot 9, Block 2, of the commercial area. It is unknown if either the individual well or septic system
were ever abandoned. The applicant should be required to provide documentation from Central
District Health Department indicating the individual well and septic system previously located on
the site were properly abandoned. The documentation should be provided prior to the City Clerk
signing the final plat.
The preliminary plat (Existing Conditions map), date stamped by the City on September 3, 2015,
shows several area containing dense trees. Based on the Existing Conditions map it appears that
Lots 15, 25, 26, and 30 -33, Block 1, contain dense trees located within the proposed lots. The
applicant should provide an Existing Tree Inventory Map (inclusive of species and size) with the
submittal of a Design Review application. The applicant should provide a narrative with the
Existing Tree Inventory Map indicating how the trees will be incorporated into the design of the
subdivision or mitigated prior to removal of the trees.
• The preliminary plat, date stamped by the City on September 3, 2015, shows Lot 7, Blocks 5 and 6
(common lots), at seven -feet (7') in width. The preliminary plat also delineates an approximately
five -foot (5') wide micro - pathway located within Lot 7, Blocks 5 and 6. Pursuant to Eagle City
Code Section 9- 4- 1 -6(F), micro - pathways which are designed for primary use by the residents of
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the subdivision shall be a minimum of eight -feet (8') in width and shall be located within a
sixteen -foot (16') wide pedestrian access easement, however, in an area where low volume
pedestrian traffic is anticipated, the Council may consider a reduction in pathway width to six -feet
(6'). The applicant should provide a revised preliminary plat showing Lot 7, Blocks 5 and 6, to be
a minimum sixteen -feet (16') in width with a minimum six -foot (6') wide pathway located within
the lots. The revised preliminary plat should be submitted prior to submittal of a final plat
application.
• The preliminary plat, date stamped by the City on September 3, 2015, does not contain a plat note
in regard to minimum setbacks. The applicant is requesting a reduction of setbacks typically
required within the MU (Mixed Use) zoning district. The applicant should provide a revised
preliminary plat with a new plat note that states, "Minimum building setbacks shall be in
accordance with City of Eagle applicable zoning and subdivision regulations or as specifically
approved with the development agreement associated with RZ -07 -15 or any subsequent
modifications." The revised preliminary plat should be provided prior to submittal of a final plat
application.
• The preliminary plat, date stamped by the City on September 3, 2015, delineates several areas
located within the site that have overhead power lines. Pursuant to Eagle City Code Section 9-4 -1-
8, underground utilities are required. All overhead utilities on the site should be removed and /or
placed underground prior to the City Clerk signing the final plat.
The preliminary plat, date stamped by the City on September 3, 2015, does not contain a plat note
regarding a pressurized irrigation. The applicant should provide a revised preliminary plat with a
new plat note which states, "A pressurized irrigation system shall be constructed in accordance
with the City of Eagle standards and shall be maintained and operated by the Stillwater
Subdivision Homeowners Association." The revised preliminary plat should be provided prior to
submittal of a final plat application.
The preliminary plat, date stamped by the City on September 3, 2015, shows the east half of the
East State Street 70 -foot wide right -of -way located within the adjacent property (owned by Eagle
Sewer District). The street section associated with the 70 -foot right -of -way shows an eight -foot
(8') wide attached sidewalk located on the east side of the street with four -feet (4') of the sidewalk
proposed to be located within a sidewalk easement within the Eagle Sewer District property. In
regard to East Old Valley Street the right -of -way is located within the subject property, however,
the four -foot (4') wide sidewalk easement will be located within the adjacent Eagle Sewer District
property. Ada County Highway District will require a right -of -way dedication, however, the
applicant should be required to execute a sidewalk easement agreement with Eagle Sewer District
for the sidewalk easement area located within the Eagle Sewer District property. The recorded
executed sidewalk easement agreement should be provided prior to approval of the final plat.
The preliminary plat, date stamped by the City on September 3, 2015, shows three (3) residential
lots (Lots 15, 16, and 17, Block l) take access from a single driveway Iocated within a common lot
(Lot 14, Block 1). Pursuant to Eagle City Code Section 9 -3 -2 -] (J), driveways providing access to
no more than two (2) dwelling units shall be allowed within any subdivision. The applicant should
be required to provide a revised preliminary plat showing that no more than two (2) dwelling units
take access from a single driveway prior to submittal of a final plat application. If the City Council
approves more than two (2) dwelling units take access from a single driveway the applicant should
provide a revised preliminary plat which contains a plat note that identifies Lot 14, BIock 1, as a
common lot that a) conveys to the lot owners of Lots 15, 16, and 17, Block 1, the perpetual right of
ingress and egress over Lot 14, Block 1, b) provide that the easement runs with the land, c)
provide that the owners of Lots 15, 16, and 17, Block 1 should be responsible for the maintenance
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of the driveway and common lot, d) provide that a restrictive covenant for maintenance of the
common lot and driveway cannot be modified without the express consent of the city. The revised
preliminary plat should be provided prior to submittal of a final plat application.
The preliminary plat, date stamped by the City on September 3, 2015, and the Pathway Exhibit,
date stamped by the City on October 12, 2015, delineates an eight -foot (8') wide pathway located
within Lot 1, Block 2, (10 -feet in width) located adjacent to State Highway 44. The preliminary
plat does not identify if the pathway is public. The preliminary plat also does not delineate a
regional greenbelt pathway located adjacent to the Boise River. Pursuant to Eagle City Code
Section 9- 4 -1 -6, regional pathways such as the Boise River greenbelt and pathways located
adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a
twenty foot (20') wide pedestrian access easement. The applicant should provide and construct, in
accordance with the provisions of Eagle City Code Section 9- 4 -1 -6, minimum ten foot (10') wide
asphalt public pathways along the portion of the Property located adjacent to the Boise River and
State Highway 44. The pathways should be constructed concurrently with Phase No. I of
Stillwater Subdivision. The specific location and design of the pathways should be approved by
the City of Eagle Park and Pathway Development Commission prior to submittal of a design
review application. The asphalt pathways should be located in a recorded easement or easements
dedicated to and accepted by Eagle as provided in Eagle City Code Section 9- 4- I -6(E) (2). The
instrument number of the recorded easement or easements should be referenced on the face of the
plat, upon recordation of the final plat(s) wherein the pathway is located. Other than any pathways
approved by Eagle, development within the Floodway should be prohibited.
Mike Aho, Eagle Parks and Recreation, Director, provided an email with an exhibit, dated June
28, 2015, which indicated the preferred location for a trail connection from the pathway located
adjacent to State Highway 44 to the Boise River greenbelt (located adjacent to the east property
line south of the commercial development area). As previously mentioned the applicant is
proposing to construct an eight -foot (8') wide attached sidewalk located adjacent to one (1) side of
the street. Currently there is a 20 -foot wide Eagle Sewer District easement located adjacent to the
eastern boundary within which a trail connection may be incorporated. The applicant should be
required to work with the Eagle Sewer District to place a greenbelt trail connection within the 20-
foot wide sewer easement located adjacent to the eastern boundary of the residential area. If an
agreement cannot be reached the applicant should be required to work with Eagle Parks and
Recreation Director with regard to an alternate location for the greenbelt trail connection. The
specific location and design of the proposed greenbelt trail connection should be reviewed and
approved by the City of Eagle Park and Pathway Development Commission prior to submittal of a
design review application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested comprehensive
plan text and map amendment, rezone with development agreement in (lieu of a PUD) and preliminary plat
with conditions of approval as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their
consideration on October 19, 2015. The applications were continued to November 2, 2015, at which
time public testimony was taken and the public hearing was closed. The Commission made their
recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/ representative).
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C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• Conceptually the proposed project will be a great addition to the city based on the site design and
in
architecture of the proposed structures.
• The applicant should be required to vacate the 20 -foot wide Eagle Sewer District easement located
adjacent to the eastern property line.
• The applicant should be required to work with Eagle Sewer District to complete a lot line adjustment
to incorporate the portions of the sidewalk Iocated outside of the subdivision boundary.
• The pathway providing access from the State Highway 44 to the Boise River greenbelt should be
approved as shown on the preliminary plat.
• The common lots containing the pathway located between the live /work units should be widened to a
minimum of 16 -feet in width.
• The number of lots gaining access from a single- driveway located on Lot 14, Block 1, as shown on the
preliminary plat should be approved.
• Relocation of Lot 6, Block 6, should not be required provided the existing Eagle Sewer District utility
easement is vacated.
COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN TEXT AND MAP
AMENDMENT:
The Commission voted 4 to 0 to recommend approval of CPA -04 -I5 for a comprehensive plan text and
map amendment from Business Park to Mixed Use to the SH-44 and Ballantyne Planning Area for Next
Level Development, LLC, with the amended text as provided within their findings of fact and conclusions
of law document, dated December 7, 2015.
COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT
AGREEMENT (IN LIEU OF A PUD):
The Commission voted 4 to 0 to recommend approval of RZ -07 -15 for a rezone from BP -DA (Business
Park with a development agreement) to MU -DA (Mixed Use with development agreement [in lieu of a
PUD]) for Next Level Development, LLC, with conditions of development to be placed within a
development agreement as provided within their findings of fact and conclusions of law document, dated
December 7, 2015.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0 to recommend approval of PP -04 -15 for a preliminary plat for Stillwater
Subdivision for Next Level Development, LLC, with the site specific conditions of approval and standard
conditions of approval as provided within their findings of fact and conclusions of law document, dated
December 7, 2015.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on December 15, 2015, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the application was presented to the City Council by four (4) individuals
(not including the applicant/ representative) who indicated the following:
• Supports a mixed use project in this area that will allow for large office space.
Page 56 of 77
KM Lnning Mptllagk ApplhatinaclSUEIS'L01%tillwaicr Sub ccUd 4
• Project provides great public access to the river.
• Project will offer reasonably priced homes located in proximity to the river.
• There is an interest in developments which contain live, work, and play uses.
• The project will provide small business owners an opportunity to relocate and expand.
• A mixed use project located in this area will benefit the city.
C. Oral testimony in opposition of the application was presented to the City Council by no one.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the City
Council by two (2) individuals. One (1) individual indicated that during spring runoff the southern
portion of the site and the island are under water. The other individual indicated a concern with the
number of residences being served by a single access point to the highway.
COUNCIL DECISION REGARDING THE COMPREHENSIVE PLAN TEXT AND MAP
AMENDMENT:
The Council voted 4 to 0 to approve CPA -04 -15 for a comprehensive plan text and map amendment from
Business Park to Mixed Use to the SH-44 and Ballantyne PIanning Area for Next Level Development,
LLC, with the Planning and Zoning Commission recommended changes to the text as shown below with
underline text to be added by the Council and strike through text to be deleted by the Council:
6.8.11 SH -44 and Ballantyne Planning Area
The SH-44 and Ballantyne Planning Area is located south of SH-44 between the ,
a ar,,lized intersection of-at SH-44 and Ballantyne Road and the planfied- %ipnalized intersection at
SH-44 and Eagle Island State Park F~ ,,' r i-la lk Wa, ? The planning area is designated as Business
Park and Mixed _Use to accommodate a growing technical industry, commercial use%, and
residential use% within the City and valley, to provide employment options for City residents, and
as a recognition of the impacts of the regional transportation network and neighboring land uses
(sewage treatment plant and state park) in the area.
A. Uses
The land use and development policies specific to the SH-44 and Ballantyne Planning Area
include the following:
1. The area is to be developed as a �- -mixed - use ' _ node _ with
business/technical 11arti.. residential, commercial, and limited ancillary uses.
2. The area should be designed to capitalize on the Boise River by providing trails and open
space throughout the area and ensuring public access to the river.
3. The area should be designed to provide sufficient space for corporate headquarters. iind
emerging technical uses= integrated with commercial uses, and residential uses in a park-
like setting.
4. This area is intended to serve as a unique location for business and technical uses within
the City of Eagle to encourage the location of clean industry into the City while buffering
between the Eagle Sewer District Sewer Treatment facility to the east and Eagle Island
State Park to the west.
5. Sinai! iNeirgz 1. -I.n a d r..:..s" uses may be
considered as aReillary copiplementary uses which should not fe exceed 10% of the total
land area of SH -44 and Ballantynq Pli! n p, Area Commercial Aneolla }
uses are intended to be �eei , A complementary to the business and technical uses
e43�i#- fa i l ;0 prey i6e- stu in the planning area and serve as a buffer
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k: Rkaning DLp1%1Agk Sub ccf.doc
between. the residential uses and SH-44. Strip commercial uses should be discoura ;ed.
Hii,,hway- oriented uses should- be- strategically placed at signalized intersections an. -1
designed to accommodate the goals of the Scenic Corridor. if -it
6. The area north of the Boise River should be improved with pathways and other amenities
to encourage active recreation and passive enjoyment of the river and riparian area.
7. All uses in the planning area should be designed with consistent architecture, design, and
signage as well as community design and art elements to create a campus feel throughout
the business and commercial area area.
8. Residential uses (including sitar le family, Iive /wort � condos. and
Tc =mliami ten3�o� rar), /C— erfleFate__ corliorate housing! should be considered as a
complementary anN uses in this area and should be scaled and designed to be
• 'e3. �,-L�Ft::astertt�re e112 nmot: : Of th
eprrmay - F g trtan- _frt end h. to
establish a village feel along collector roadways.
9. Public access should be maintained to provide residents, business. paf-k—and commercial
employees and guest access to the greenbelt and river, similar to the access provided in
the Eagle River Area.
B. Access
1. Access to the SH-44 and Ballantyne Planning Area will be from the signalized
intersections of SH-44 at Ballantyne Road and SH -44 and Eagle Island State Park -[Fisher
Park Way
._ Any approved highway. oriented uses should be_ strategically_ located at the
immediate intersections.
2. All access should be reviewed for compliance with the State Street/SH44 corridor
management plan.
3. A new internal collector parallel to SH-44 should be built at the time of development to
move traffic within the area. All single - parcel access points to the State Highway should
be eliminated/consolidated during the development process.
4. A pathway and trails network should be encouraged to provide pedestrian access along the
Boise River connecting the SH-44 and Ballantyne Planning Area to the existing City
pathway system.
C. Design
x All commercial uses in the planning area should be designed to fit into a
park -like setting appropriately scaled .so to complement and not overpower the business
and residential uses.
T_ he area should pb�e developed € F �arlat f, ate -} E I a e€�; trtd4he -e� 1kerg1np e4
rRdUSH�Y, M I-�fW+ 4 1-i ' I' nicicr`rrcnii f ##i'f' {` #el �iFF }j-EtC# #-
L �tt��i� with consistent
and complementary architecture, design, and signage_ to enhance the small pedest rian-
friendl3 mixed use feel.
3. The deli. -nn should capitalize on the extension of Old Valley Road and bring activities and
uses closer to the collector road: creating a pedestrian - friendly area that encourages
pedestrian circulation from the greenbelt and the residential areas, while-also servicing
auto traffic.
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KilIb wing IkpiUagk ApplicalmncLtillEiSl9'i 1 iLtiti[lualcr Sub ccf dor
4. The planning area should be designed to be internally focused, providing the ability to
capture or collect trips for the larger planning area with some limited trip capturing from
SH-44 and adjacent residential areas.
5. R,rki> �,}+e 1,11etJI b ' f)Ue #e
61' ,3ie- '1f+.flid $r -+ tai:: l -livE k dC -ee.' e�E� - }#1
6.s.-E- -,,.n Sh itle - r:{3t --t "�- nc-oi�i¢3-bY M. t }�t7- tf�,t##t }�} -air b�rc�#ped- I�t�eeti-- +}�# + #3� -� -rE# t } #r �
pt�rkirtg tat -t t ��e-1 c�a�e } +ver ie. hed 81 S1144Common narking areas and
'off int •r}arking agreements should be encouraged to minimize walkinE2 distances between
buildings and provide a pedestrian scale to the area. On- street parkin- should - be
encouraTed where sufficient right -of -wa% is available.
6. Signage should be uniform and should be focused to the interior of the development along
the parallel collector to ensure that the highway rights -of -way are not cluttered with
individual and monument signs. The planning area should include a single monument
entry sign at the signalized intersections to establish place making reference. Consistent
design elements should be repeated throughout the area to establish and maintain identity.
Tall landscape berms should be avoided along SH-44 to prevent business par4ii—and
,e °a4 buildings from being obscured but a landscaping buffer should be significant
enough to separate the uses from the State Highway and instill a park -like atmosphere.
D. Issues
1. One of the main concerns in developing this area for a variety of uses is the need to
maintain a balance among the various employment opportunities that the Business Park
and Mixed Use designation- afford -. The goal is to create an environment where a broad
range of employment opportunities are available. To achieve this goal, commercial
development tuHst he aim4ed -t« tug, ifi e9di -4 toe= viee. -i te-I NiFw.N;, wie -and should be
limited to 10% of the total planning area.and should be- designed to serve the Tannin
area and Enional_.g.reenbelt users; big box uses should be prohibited._ al robed
highway- oriented uses must adhere to stringent design guidelines in order to conform to
the p;oals of the Scenic Corridor where applicable.
2. ;4ue-to -tht� el tr-iEzf' demmids El tl rnsfary bu*ifiess and ,.z ,.,,r .,i rk -�� , If deemed
necessary, the planning area should identify a site for an electrical substation. If a
substation is not sited early in the development of the area, it is likely the intent of this
planning area to function as a technical park will be limited.
ltlkieYe- Ellis god 1, £o]ime iE fial --de t'!L'p93'en; Fne!. e9 im. t " { "},� ert� 3
eeFpqril
D TMBFeZtTxf -141 14
ti HE'k`sf; b9p.bk_Yx.f!i -A3 uld he 3E1 °SEfE"i }:
3. If single- family residential uses are located in this area, special .attention should be
given to the transition between business /technical /commercial lKtrk- use and single - family
residential uses. Transitional uses could include oven space, live /work units, or liglkt office
uses. -$fnle -use development (i.e. - residential only; office onl %.) should _be_ discouraged in
the area. Without a balance of uses, the intent to create a live, work and plan erivirontnent
within the planning area with be compromised.
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K U14ming WpdEiagk SO tt[4w
COUNCIL DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT
(IN LIEU OF A PUD):
The Council voted 4 to 0 to approve RZ -07 -15 for a rezone from BP -DA (Business Park with a
development agreement) to MU -DA (Mixed Use with development agreement [in lieu of a PUDI) for Next
Level Development, LLC, with the following Planning and Zoning Commission recommended conditions
of development to be placed within a development agreement with underline text to be added by the
Council and strike through text to be deleted by the Council:
3.1 Owner will develop the Property subject to the conditions and Iimitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and /or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
However, the residential portion of this development proposal is recognized by Eagle and Owner as
a desired component to a mixed use development. A residential component of similar size and area
to that depicted in the Concept Plan with the provisions and allowances contained herein, shall be
maintained.
3.3 Owner shall provide a Habitat Analysis that updates the Environmental Impact Assessment report
consistent with the Environmental Conservation Services, Inc. letter, date stamped by the City on
October 12, 2015. The Habitat Analysis shall identify any mitigation measures needed for the site.
The Habitat Analysis shall be reviewed and approved by staff and the City's environmental
consultant prior to submittal of a final plat application.
3.4 The total number of residential units on the Property shall not exceed 94 -units in the aggregate.
Development of the residential portion of the Property will be permitted through the Design Review
process and future conditional use permits for the residential development will not be required.
3.5 The Setbacks shall be as follows:
Patio Product (Block 1
Front: 15 -feet living space 120 -feet garage
Rear: 15 -feet
Interior Side: 5 -feet for all stories with I -foot encroachment allowance for fireplaces (as
shown on the Encroachment Easement Exhibit G)
Street Side: 15 -feet
Maximum Lot Coverage: 6070
Cottage Product (Blocks 2 & 3) (Rear - loaded garage)
Front: 15 -feet
Rear: 10 -feet
Interior Side: 5 -feet all stories with 1 -foot encroachment allowance for fireplaces (as
shown on the Encroachment Easement Exhibit G)
Street Side: 10 -feet
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K: lbAning DeptTagha App5Lj1iva*SU1%%%1-i 151,ti9il wam SO CLNUC
Maximum Lot Coverage: 60%
Townhome Product (Block 4) and Live/Work Product (Block 5) (Rear- loaded garage)
Front: 15 -feet
Rear: 10 -feet
Interior Side: 0 -feet
Interior Side on Common Area: 9 feet feF all stories with 1 fee! eHereaeliment allawanee fe
G) 0 -feet
Street Side: 5 -feet for all stories
Maximum Lot Coverage: 75%
Flex /Commercial/Orrice/Residential Condo Area
Zero Iot Iine setbacks are requested for the commercial portion of this project.
Maximum Lot Coverage 100% (Commercial)
75 % (Flex Lot)
3.6 The proposed building height of the commercial /condo and live /work units shall not exceed 42 -feet
in height as shown on the submitted building elevation (Exhibit H).
3.7 The Commercial and Flex Lot area of the Property as depicted on the Concept Plan is to be developed
with a combination of any office and commercial uses allowed within Eagle City Code Section 8 -2 -3
"Official Schedule of District Regulations" under the MU zoning designation (except as permitted in
Section 3.8, below). The Commercial and Flex area shall be limited to a maximum of 125,000 -
square feet of enclosed area (i.e., enclosed with walls and roof). No commercial building footprint
shall exceed 13,000- square feet of enclosed area (i.e., enclosed with walls and roof).
3.8 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed Use District land uses
allowed by the Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations ", existing
at the time a design review application or conditional use permit application (whichever the case
may be) is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section
8 -2 -3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the MU zoning designation shall require a conditional use
permit, except that the residential portions of the Property described in Section 3.3 shall not require a
conditional use permit.
The following uses which are shown as "C" conditional uses under the MU zoning designation
within Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations," shall be permitted
uses on the Property:
■ Childcare
o Daycare Center
■ Commercial Entertainment Facility (Indoor)
■ Dwelling (Multi - Family)
■ Dwelling (Single - Family)
■ Microbrewery
■ Retail Sales (General)
■ Retail Sales (Limited)
■ Winery
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K %Flaming lhptll:ag4 ApplicntiuntLS[ ii%) -1 115'LSti9watLv Sub ccf.dnc
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
■ Residential, Mobile Home (Single Unit);
■ Residential, Mobile Home (Single Unit Temporary Living Quarters);
■ Residential, Mobile Home Park;
■ Adult Business;
■ Cemetery;
• Circuses and Carnivals;
■ Drive -In Theatre;
■ Equipment Rental and Sales Yard;
■ Kennel;
■ Nursery, plant materials;
■ Riding Academies /Stables;
■ Small Engine Repair;
■ Storage (fenced area);
In addition the (Automotive Gas Station or Fuel Islands) and Restaurants (with drive thru) use
(shown on the Flex Lot) and Lot 6 Block 2 as shown on the relimina plat for Stillwater
Subdivision date stamped by the City on December 8. 2015), which is prohibited within said section
of Eagle City Code and on the entire Property, as noted above shall be permitted with an appfeval a
3.8.1 If a building with a drive - through use is approved Owner shall provide a minimum forty-
eight inch (48 ") buffer (berm, decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall) between the drive -thru lanes and the adjacent roadway to
reduce the impact of the vehicles utilizing the drive -thru lanes (i.e. vehicle headlights and
vehicle cueing).
3.9 The "Flex" area as identified on the Concept Plan may be permitted to contain a Convenience Store
with Fuel Station, Coffee Shop (with drive - through) and an Automotive Washing Facility with the
with the following minimum conditions to be included in the
approval:
3.9.1 The convenience store associated with the fuel station shall be orientated with the rear of the
building located parallel to State Highway 44 to provide screening of the fuel canopy from
view from State Highway 44.
3.9.2 The fuel canopy shall be architecturally compatible with the commercial buildings located
within the development. The proposed architecture of the fuel canopy shall be reviewed and
approved by the Design Review Board prior to issuance of a Zoning Certificate.
3.9.3 The fuel canopy or signage contained with the fuel canopy shall not be internally
illuminated.
3.9.4 Any vacuum units associated with an Automotive Washing Facility shall be screened from
view and shall not be located adjacent to any residential unit.
3.10 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, parking lots, and amenities. The owner shall
provide an operation and maintenance manual including the funding mechanism as an
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K Tlenarng DeptTASIc Appli"linnalJI 126 I SM "water Sul: ccN. -..
addendum to the CC &Rs and the repair and maintenance requirement shall run with the land
and that the requirement cannot be modified ant that the homeowners association or other entity
cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space to be open -style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or three- rail -type wooden decorative
fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited.
(c) A requirement for the placement of street trees located behind the attached sidewalks.
(d) All single- family residential structures shall require Architectural Control Committee (ACC)
approval prior to the issuance of any building permits to assure that the homes are designed to be
compatible and consistent with the "Northwestern" theme of the development.
(e) A requirement that In the event any of the CC &Rs are less restrictive than any government rules,
regulations or ordinances, then the more restrictive government rule, regulation or ordinances
shall apply. The CC &Rs are subject to all rules, regulations, laws and ordinances of all
applicable government bodies. In the event a governmental rule, regulation, law or ordinance
would render a part of the CC &Rs unlawful, then in such event that portion shall be deemed to
be amended to comply with the applicable rule, regulation, law or ordinance.
3.11 Owner shall work with the Eagle Sewer District and submit a Lot Line Adjustment application to
include the sidewalk area currently located in the Eagle Sewer District property to the east of the site.
If the Lot Line Adjustment is achieved then the Lot Line Adjustment shall be reviewed and
approved by staff and the City Engineer and an approved Record -of- Survey shall be recorded prior
to submittal of a final plat application.
3.12 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the
submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide
proof of central sewer service to the proposed residential and commercial uses. A letter of approval
shall be provided to the City from the Idaho Department of Health and Welfare, Department of
Environmental Quality, and/or Central District Health, prior to issuance of any building permits.
3.13 The development shall incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables, etc.). The amenities shall be reviewed and approved by the Design Review Board prior to the
issuance of a Zoning Certificate.
3.14 The single- family dwellings shall be constructed utilizing "Northwestern" style architecture as
shown on Exhibit D. The commercial /retail buildings, live /work residential units, townhouses, and
pool house shall be constructed utilizing "Northwestern" style architecture as shown on Exhibit E.
Eagle Design Review Board approval of the detailed architectural plans for the development is
required prior to the issuance of building permits for commercial /retail buildings, live /work
residential units, townhouses, pool house, pumphouse for irrigation, and gazebos.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CCR &S. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC &R's, and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permit applications that do not have an approval letter attached will not be accepted.
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A'S I' LmnmgIkptlirgLAppk4lK)m\.SUEI.% )IRSldlwmer%uhcc[.dm
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not meet the design requirements as may be
stipulated by the Eagle Design Review Board and Eagle City Council.
3.15 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands and all common areas
throughout the development, 3) landscape screening details and buffering for the residential units
adjacent to East Old Valley Street 4) elevation plans for all proposed common area structures and
irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if
proposed), 6) useable amenities such as picnic tables, covered shelters, benches, playground
equipment (tot lot amenities), gazebos, bike racks, and /or similar amenities, 7) design of ponds to be
constructed in reference to mosquito abatement. The design review application shall be reviewed and
approved by the Eagle Design Review Board prior to the submittal of the first final plat.
3.16 Owner shall provide an Existing Tree Inventory Map (inclusive of species and size) with the
submittal of a Design Review application. Owner shall provide a narrative with the Existing Tree
Inventory Map indicating how the trees will be incorporated into the design of the subdivision or
mitigated prior to removal of the trees. No trees shall be removed from the site prior to City approval
of a tree removal plan and replacement plan.
3.17 All living trees that do not encroach upon the buildable area on any Iot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas (unless approved for removal by the Design Review
Board) shall be provided for Design Review Board approval prior to the submittal of a final plat.
3.18 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property
and any such change shall be contingent upon approval by the Army Corps of Engineers, Idaho Fish
& Game Department (if applicable), the Idaho Department of Water Resources (if applicable), Ada
County, and any other appropriate governmental agencies, and shall be in accordance with the Eagle
Comprehensive Plan and City Code. Applicant agrees all development and improvement of the
Property shall comply with rules and regulations pertaining to regulated wetlands prior to submittal
of a final plat application.
3.19 Provide written approval from the Boise River Flood Control District No. 10 prior to submitting a
final plat application.
3.20 All buildings shall be setback a minimum of 100 -feet from the floodway Iine as identified on the
Flood Insurance Rate Map (FIRM) associated with the site.
3.21 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-
4-1-6, minimum ten foot (10') wide asphalt public pathways improved with a_crushed material along
the portion of the Property located adjacent to the Boise River and asphalt located adjacent to State
Highway 44. The pathways shall be constructed concurrently with Phase No. 1 of Stillwater
Subdivision. The specific location and design of the pathways shall be approved by the City of Eagle
Park and Pathway Development Commission prior to submittal of a design review application. The
developer shall provide a surety in the form of an irrevocable Ietter of credit, certificate of deposit or
cash in the amount equal to one hundred fifty percent I50% of the estimated construction cost of
the public pathways to guarantee completion. If the crush public pathways are not complete within 5
years the money provided shall be returned to the developer. The asphalt pathways shall be located
in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City
Code Section 9- 4- 1 -6(E) (2). The instrument number of the recorded easement or easements shall be
referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is
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K: Manning Mpffl agle AppG talw�nc�tiU11S1?1115Lti�illwatcr tiuh nLduc
located. Other than any pathways approved by Eagle, development within the FIoodway shall be
prohibited.
3.22 Owner shall vacate the 20 -foot wide Eagle Sewer District sewer easement (identified as Ada County
instrument #8313723) Iocated adjacent to the eastern property line prior to submittal of a final plat
application.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP -04 -15 for a preliminary plat for Stillwater Subdivision for Next
Level Development, LLC, with the following Planning and Zoning Commission recommended site
specific conditions of approval and standard conditions of approval with underline text to be added by the
Council and strike through text to be deleted by the Council:
1. Comply with all conditions within the development agreement for rezone application RZ- 07 -15.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signing the final plat.
4. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private Iots (unless approved for removal by the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to
protect all trees that are to be preserved, prior to the commencement of any construction on the site.
5. If a reduced buffer area located adjacent to East Old Valley Street is approved, the proposed
landscaping located within the street side setback area adjacent to the north property lines of Lots 1
and 37, Block 1, shall be commensurate with landscaping requirements pursuant to Eagle City Code
Section 8- 2A- 7(J)(4)(a). The landscape plan shall be reviewed and approved by the Design Review
Board prior to submittal of a final plat application.
6. The applicant shall install a three foot (3') high landscaped berm within a 30 -foot wide common lot
located adjacent to State Highway 44. The berm area shall be landscaped with the following plants per
one hundred (100) linear feet of right of way: two (2) shade trees, three (3) evergreen trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with one (1) floweringtornamental tree,
provided that not more than fifty percent (50%) of the shade trees are substituted. The landscape plan
shall be reviewed and approved by the Design Review Board prior to submittal of a final plat
application.
7. Provide landscaping pursuant to Eagle City Code Section 8- 2A- 7(K)(2)(b) to screen the parking areas
located adjacent to State Highway 44. The landscaping shall be completed prior to the City Clerk
signing the final plat.
-- --- - - , - - -- r-- ------"--r rI--- '--•,_,,'}-...o ..._ .,..��. ....�........ .... ..... ,.,........., �.......o- .r :� :��.a...- rs... -a
sidewalks — �tiant to Eagle C�Ct1C plat hall be '.i d
9. Provide a revised preliminary plat with plat note #2 revised that states, "All residential lots shall have a
10 -foot wide public utility, drainage, and pressurized irrigation easement adjacent to all rear lot lines."
The revised preliminary plat shall be provided prior to submittal of a final plat application.
Page 65 of 77
RVIanning DLP1%J.agk Appkati in5L ullssal 16ti1watcr Suh ccf Joc
I0. Provide a revised preliminary plat with plat note #3 revised that states, "Ail residential lots shall have a
4 -foot wide public utility, drainage, and pressurized irrigation easement adjacent to all interior lot
lines, except for lots within Blocks 4 and 5, which will have no easements adjacent to all interior lot
lines." The revised preliminary plat shall be provided prior to the submittal of a final plat application.
11. Provide a revised preliminary plat with an additional sentence added to plat note #8 that states,
"Common lots as shown are to be owned and maintained by the Stillwater Subdivision Homeowner's
Association." The revised preliminary plat shall be provided prior to submittal of a final plat
application.
12. Provide a revised preliminary plat with a new plat note that states, "Minimum building setbacks shall
be in accordance with City of Eagle applicable zoning and subdivision regulations or as specifically
approved with the development agreement associated with RZ -07 -15 or any subsequent
modifications." The revised preliminary plat shall be provided prior to submittal of a final plat
application.
13. Provide a revised preliminary plat showing Lot 7, Blocks 5 and 6, to be a minimum sixteen -feet (16')
in width with a minimum six -foot (6') wide pathway located within the lots. The revised preliminary
plat shall be submitted prior to submittal of a final plat application.
14. The applicant shall provide a revised preliminary plat which contains a plat note that identifies Lot 14,
Block 1, as a common lot that a) conveys to the lot owners of Lots 15, 16, and 17, BIock 1, the
perpetual right of ingress and egress over Lot 14, Block 1, b) provide that the easement runs with the
land, c) provide that the owners of Lots 15, 16, and 17, Block 1 shall be responsible for the
maintenance of the driveway and common lot, d) provide that a restrictive covenant for maintenance of
the common lot and driveway cannot be modified without the express consent of the city. The revised
preliminary plat shall be provided prior to submittal of a final plat application.
15. Provide a revised preliminary plat with a new plat note that states, "The interior lot line common to
Lots 5 and 6, Block I, shall have a I O -foot wide (total 20 -feet wide) public utility easement in favor of
the Eagle Sewer District ", the revised preliminary plat shall be provided prior to submittal of a final
plat application.
16. Provide a revised preliminary plat showing Lot 6, Block 6, located outside of the Eagle Sewer District
20 -foot utility easement instrument No. 83I3723, identified on the preliminary plat, date stamped by
the City on September 3, 2015. The revised preliminary plat shall be provided prior to submittal of a
final plat application. If the applicant is able to vacate the aforementioned easement a revised
preliminary plat showing Lot 6, Block 6, located outside of the Eagle Sewer District utility easement
will not be required.
17. Provide a revised preliminary plat with a new plat note that states, "A pressurized irrigation system
shall be constructed in accordance with the City of Eagle standards and shall be maintained and
operated by the Stillwater Subdivision Homeowners Association." The revised preliminary plat shall
be provided prior to submittal of a final plat application.
18. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk
signing the final plat.
19. The landscaping located within the 15 -foot street side setback area on Lots l and 37, Block 1, shall be
generally commensurate with the plantings required pursuant to Eagle City Code Section 8 -2A-
7Q)(4)(a). The landscape plan shall be reviewed and approved by the Design Review Board prior to
submittal of a final plat application.
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20. Provide a revised preliminary plat with a new plat note that states, "There shall be a 25 -foot wide
riparian zone easement measured landward from the mean high water mark landward in which no
improvement is permitted and require that riparian vegetation shall be maintained in its natural state
for the protection and stabilization of the riverbank and that removal of trees or other vegetation is
regulated." The revised preliminary plat shall be provided prior to submittal of a final plat application.
21. Provide documentation from Central District Health Department indicating the individual wells
located on the site were properly abandoned. The documentation shall be provided prior to the City
Clerk signing the final plat.
22. The applicant shall be required to obtain the proper permit and subsequently abandon the existing
septic system and drainfield located on -site. Upon removal the applicant shall provide documentation
from Central District Health Department indicating the septic system and drainfield were properly
abandoned prior to the City Clerk signing the final plat.
23. Stillwater Subdivision shall remain under the control of one Homeowners Association.
24. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404 - Permit
prior to submittal of a final plat application. Should a 404- Permit be required a copy of the final
approval from the Army Corps of Engineers shall be required prior to submittal of a final plat
application.
25. The applicant shall provide an approval letter from the Ea le Fire Department affi rming that the access
point meets the International Fire Code. The letter shall be submitted to the city prior to submittal of
final plat.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39 -118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31 -3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
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tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 94- 1 -9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on -site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC &R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right -of -way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.The applicant shall delineate on the face of the final plat an
easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light
fixtures, conduit and wiring lying outside any dedicated public right -of -way, prior to the City
Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
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14. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
C. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by -laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision - making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by -laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways
Development Commission prior to approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
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21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required ".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River FIood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and Iegal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9 -6 -5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98 -3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
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32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street Iighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4 "x 4" posts with the bottom of the sign being a minimum of 3 -feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
The Council reviewed the particular facts and circumstances of this proposed comprehensive plan
amendment (CPA- 04 -15) and based upon the information provided concludes that the proposed
comprehensive plan text and map amendment is appropriate because the current Business Park
designation prohibits the inclusion of residential use in the implementing zone. Further, the Council
finds that the Mixed Use designation and text changes to the SH-44 and Ballantyne Planning Area is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The Comprehensive Plan lists goals to "Establish land use patterns and zoning districts that do not
exhaust available services such as sewer, water, ... and transportation systems" as well as promote
"a high quality of life and livability in the community." Because sewer and water are immediately
available to the area, there will be no requirement to extend these services and no additional costs
to do so, other than by those who will develop the properties.
b. The proposed change will provide for a "diversity of housing" within an already identified
"activity center" within the City's comprehensive plan. The site is located within =/r mile of the
major transit route (SH -44) and the Boise River Greenbelt system. The proposed use will provide
for goods and services in an area that is Iocated more than 1/4 mile from existing goods and
services.
c. The proposed change will allow for the property to better conform to the Comprehensive plan
goals for properties located along "Regional Transposition Corridors" by limiting access to SH-44,
providing a parallel collector to the arterial network, promoting local connectivity outside of the
state highway system, and preserving and enhancing connectivity to the Boise River Greenbelt
system.
2. The Council reviewed the particular facts and circumstances of this proposed development agreement
(RZ- 07 -15) with regard to Eagle City Code Section 8-7 -5 "Action by the Commission and Council ",
and based upon the information provided concludes that the proposed rezone is in accordance with the
City of Eagle Comprehensive PIan and established goals and objectives because:
a. The zoning designation of MU -DA (Mixed Use with a development agreement) is consistent with
the Mixed Use designation as shown on the Comprehensive Plan Land Use Map;
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b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
R -1 (Residential), A -R (Agricultural- Residential), and R- 2 -DA -P (Residential with a development
agreement — PUD) zones and land uses to the north since State Highway 44 separates this
development from the properties located north of the state highway;
d. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
PS (Public /Semi- public) and (RUT - Ada County designation) zones and land use to the south
since the development is bordered on the south by the Boise River;
e. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
PS -DA (Public /Semi- public with a development agreement) zone and land use to the east since the
Eagle Sewer District treatment facility is located on the property. The Eagle Sewer District
property also contains a landscaped buffer located adjacent to the property line shared with the
subject development;
f. The proposed MU -DA (Mixed Use with a Development Agreement) zone is compatible with the
A -R (Agricultural - Residential) zone and land use to the west since that area may be developed
with use(s) associated with a BP (Business Park) zoning designation in the future;
g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan and the applicant will be required to submit applications to address
the city's concerns regarding development within those areas prior to developing the property;
h. No non- conforming uses are expected to be created with this rezone.
The Council reviewed the particular facts and circumstances of this proposed development agreement
in lieu of a PUD, and based upon the information provided concludes that the proposed development is
in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. That the proposed time schedule for development of the site will occur in a timely manner.
The proposed time schedule for development of the site is proposed to commence with
infrastructure construction in early 2016 with vertical construction to follow in the summer of
2016. The project is anticipated to be built in a single phase.
b. That the applicant provided documentation to show that they have sufficient control over the land,
and the financial means, to initiate the proposed development plan within one year after City
Council approval.
Next Level Development, LLC, has entered into a purchase agreement contingent upon receiving
entitlements for the project from the City of Eagle. Upon receiving approvals Next Level, LLC,
will purchase the properties in preparation to develop the site for homes and commercial buildings
to be available in 2016.
c. That the proposed development is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community because;
The proposed Stillwater Subdivision will attract new residents who will support local businesses
and contribute to the tax base. Also, the mix of uses in the project will provide an array of
employment opportunities for the area and provide easy access to shops and stores.
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d. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
The development will be designed to complement the general vicinity and provide aesthetically
pleasing architecture to enhance the character of the area. The applicant will also be required to
The commercial portion of the project is designed to create a pedestrian friendly neighborhood
atmosphere that is inviting not only to residents of the Stillwater development, but to those in the
surrounding neighborhoods, as well.
e. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
Presently there are no existing neighborhoods located immediately adjacent to the site. The design
of the Stillwater development provides for a transitional separation between its most intense use
(commercial along SH-44) and its new single - family residential area (south of Old Valley Street).
The project also provides a stub street to the west, which will allow for future connectivity should
the adjoining properties be developed in the future.
f. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
Anticipated traffic and noise levels are consistent with this type of development and the style of
development for this area contemplated within the Comprehensive Plan. A traffic impact statement
has been provided to ACHD and ITD that was considered during their reviews prior to providing
comment to the city.
g. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools because;
The tax revenue generated from residents and businesses within Stillwater Subdivision will offset
additional costs to public services that will serve this development. The applicant has already
obtained will -serve letters from Eagle Sewer District and United Water of Idaho. ACHD and ITD
have reviewed the proposed development and provided correspondence approving the
development.
h. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the Eagle Sewer District, United Water Company of Idaho,
or ACRD. Because the developer provides the services in the initial stages of development the
public service providers avoid potential liability and expenses. Also, the additional tax revenue
received from the development will contribute to services such as schools, police, and fire
protection.
i. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non -PUD proposal because;
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The development is proposed with common areas that will contain a swimming pool and a small
changing facility for use by the residents. The common areas will also have walking paths
providing access throughout the development. The open space within the development will also
include two (2) ponds located in the southern area of the project to be utilized for irrigation and
drainage. A portion of the site is located within the Boise River floodplain and will be developed
in accordance with Eagle City Code Title 10, Flood Control District No. 10, and FEMA
requirements regarding floodplain development. The portion of the site located in the floodway
will be left in its native riparian state with greenbelt improvements that will provide access along
the river to the public.
j. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
Access to the development will be from West State Street providing access from State Highway 44
at the eastern property boundary. The access to State Highway 44 will be constructed pursuant to
the requirements of the Idaho Transportation Department. The interior streets will be public and
will be constructed pursuant to the requirements of the Ada County Highway District.
k. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
The scenic riparian area located near the Boise River will be left in its natural state. The project
will be reviewed through a formal SHPO review to determine if there are significant historical
features and, if so, appropriate mitigation and /or documentation will be required.
I. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan because;
The proposed development is in accordance with the Comprehensive Plan since the plan calls for
Mixed Use for the overall development. The floodway area will be maintained in its natural state.
m. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
The applicant has requested approval for a development agreement in lieu of a PUD as outlined in
Eagle City Code and the application satisfies those requirements as well as will be required to meet
the conditions herein. In addition, the applicant will be required to submit a design review
application and comply with all Eagle City Codes and conditions of approval of the design review.
The proposed development will include a mix of commercial and single - family development areas.
n. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations because;
The development provides a mix of single- family and commercial uses. The commercial portion of
the development will provide employment opportunities and access to restaurants, shops, and
services for the residents of the development and the surrounding area. The requested deviations
from the standard district regulations (i.e., increased lot coverage, reduced lot size, reduced
setbacks, height exception, the use of "Northwestern" architecture) are warranted based on site
design and proposed architecture of the buildings. The development will contain 51% of open
space to offset the increased lot coverage, reduced lot sizes, and reduced setbacks. The applicant is
required to submit a design review application for the subdivision to be reviewed and approved by
the Design Review Board prior to submittal of a final plat application. Also, the Council
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determined the height exception to 42 -feet should be granted based on the proposed architecture of
the Iive /work buildings and the design and architecture of the buildings is required to be reviewed
and approved by the Design Review Board prior to construction.
o. Provide an estimate of the public service costs to provide adequate service to the development.
The water, sewer, and roadways will be constructed and funded by the developer. The
infrastructure necessary to serve this property with fire, police, and other public services already
exists. The revenue generated from taxes will cover the additional manpower necessary to serve
this property once developed. The public services that will be provided to the development include
the following:
Fire
The project is located within the Eagle Fire District.
Police
The project will be served by the Eagle Police Department.
Water
The project is located within United Water of Idaho certificated area.
Sewer
The applicant will be required to comply with the requirements of the Eagle Sewer District.
Road Construction
The construction of all interior roads will be completed by the developer. Upon completion the
roads will be dedicated to ACRD.
Open Space
The development will contain over 51% of passive and active open space providing residents with
pathways, swimming pool, and ponds. A system of public and private pathways will provide
pedestrians with a safe and efficient way to move throughout the property.
Maintenance
The maintenance of any private open space areas will be regulated by the Stillwater Subdivision
Homeowner's Association. The public roads will be maintained by ACHD. The sewer and water
systems will be publicly owned and maintained once installed.
Schools
The residents of Stillwater Subdivision are located in the West Ada School District boundaries.
p. Provide suggested public (or private) means of Financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the development.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. Because the developer provides the services in the initial stages
of the development the public service providers avoid potential liability and expenses.
q. The estimated tax revenue generated to the City of Eagle from the development is approximately
$501,176.00/year (without Homeowner's Exemption).
r. Provide suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the development.
The costs of public services for the development will be offset by the user fees and tax revenue
generated by the homes and businesses located within the Stillwater development.
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For a request of up to 10% of the gross land area to be directed to uses other than residential (i.e.;
commercial, industrial, public, and quasi - public uses that are not allowed in the land use district):
s. That the uses are appropriate with the residential uses.
The flex lot anticipated to contain the fuel station and restaurant with drive- through is located at
the east end of the development and not immediately adjacent to the single - family residential area.
These facilities will serve the residential uses within the site and allow the project to have a level
of self - sufficiency.
t. That the uses will serve principally the residents of the PUD.
The fuel station and restaurant with drive - through will serve the residents of Stillwater, but will be
located at the existing traffic signal on State Highway 44, which will allow it to also serve the
highway traffic.
u. That the uses are planned to be an integral part of the PUD.
The fuel station and restaurant with drive- through will be designed to complement the other
commercial components proposed within the development while serving the residents of Stillwater
Subdivision.
v. That the uses located and designed to provide direct access to a collector or arterial street.
The fuel station and restaurant with drive- through will be located at the southwest corner of West
State Street (collector) and State Highway 44 (principal arterial) at the existing traffic light.
w. That the proposed street connection will not create congestion or traffic hazards.
The proposed right -in -only entrance from West State Street will aid in preventing traffic from
backing up into the signalized intersection, while the full access entrance (East Old Valley Street)
will provide traffic with the ability to exit back out to the signal or continue into the neighborhood.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP -04-
15) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the approved zoning designation of MU -DA (Mixed
Use with a development agreement).
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City
Code since the development is consistent with the Comprehensive Plan Land Use Map designation
of Mixed Use and provides the required improvements for a subdivision or as may be conditioned
herein;
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
not change the essential character of the same area and because this site will be designed in
accordance with the standards of Eagle City Code and the proposed commercial buildings will be
required to be reviewed and approved by the Design Review Board prior to construction;
d. Will not create excessive additional requirements at public cost for facilities and services as the
site will be served with central sewer from the Eagle Sewer District and will use public water to be
served from United Water Company. Fire protection will be available from the Eagle Fire
Department and fire hydrants will be provided where required;
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K:%Ilb mmg 11cptU:aSk Applicaliortc4SUllti'\:illi itillwater Sub cdAw
e. Will have vehicular approaches to the property designed to not create an interference with traffic
on surrounding public thoroughfares since the project is required to be reviewed and approved by
the Ada County Highway District and the Idaho Transportation Department and is subject to the
conditions herein;
f. While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual lots as conditions of approval;
g. That based upon agency verification and additional written comments provided, or as conditioned
herein, there is adequate public financial capability to support the proposed development;
h. That any health, safety and environmental problems that were brought to the Council's attention
have been adequately addressed by the applicant or will be conditions of the preliminary plat and
subsequent final plat approval as set forth within the conditions of approval herein.
DATED this 12th day of January, 2016
CITY COUNCIL
OF THE CITY OF EAGLE
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a Count Idaho
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D. Reynolds, M _.or
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ATTEST:
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. haron . Bergmann, Eagle City Qerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis.
Page 77 of 77
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