Findings - CC - 2015 - CPA-05-15 & RZ-11-15 - Cma From Mu To Commercial/Bp To Mu-Da In Lieu Of Cup/C2-Da/48 Unit SeniorsBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
COMPREHENSIVE PLAN MAP AMENDMENT
FROM MIXED USE TO COMMERCIAL AND
A REZONE FROM BP (BUSINESS PARK) TO
C -2 -DA (GENERAL BUSINESS DISTRICT WITH
A DEVELOPMENT AGREEMENT) AND MU -DA
(MIXED USE WITH A DEVELOPMENT
AGREEMENT [IN LIEU OF A CONDITIONAL
USE PERMIT]) FOR EAST END MARKETPLACE
FOR TPC COMMERCIAL, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA -05 -15 & RZ -I1 -15
The above - entitled comprehensive plan map amendment and rezone applications came before the Eagle
City Council for their action on December 15, 2015. The Eagle City Council having heard and taken oral
and written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
TPC Commercial, LLC, represented by Shawn Nickel, is requesting a Comprehensive Map
Amendment from Mixed Use to Commercial and a rezone from BP (Business Park) to MU -DA
(Mixed Use with a development agreement [in lieu of a Conditional Use Permit]) and C -2 -DA
(General Business District with a development agreement) to develop a 48 -unit senior apartment
building and commercial area consisting of retail, financial, and restaurant uses with drive throughs.
The 15.55 -acre site (consisting of seven parcels) is generally located on the east side of South
Edgewood Lane between State Highway 44 and East State Street inclusive of 1601, 1782, and 1794
East McGrath Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:OOPM, April 21, 2015, on site in compliance with the
application submittal requirement of Eagle City Code. The applications for this item were received
by the City of Eagle on September 3, 2015, and amended on November 4, 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 October S, 201 S. Notice of this public hearing was mailed to property owners within
three - hundred feet (300 -feet) of the subject property in accordance with the requirements of Title
67, Chapter 65, Idaho Code and Eagle City Code on October 2, 2015. The site was posted in
accordance with the Eagle City Code on November 6, 2015. Requests for agencies' reviews were
transmitted on October 2, 2015, in accordance with the requirements of the Eagle City Code.
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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 4, 2015.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
CPA- 02- 06/RZ- 08- 06NAC- 01- 09/PP -09 -07 - Eagle Gateway North: A Comprehensive Plan Map
Amendment from BP (Business Park) to MU (Mixed Use), a Rezone with a Development
Agreement from BP (Business Park) to MU -DA (Mixed Use with a development agreement), a
vacation and realignment of McGrath Road through the site and a Preliminary plat for an I 1 lot
commercial /retail subdivision. The City approved the application and adopted the Comprehensive
Plan Map Amendment by Resolution 07 -04 on February 13, 2007. The rezone, development
agreement, vacation, and preliminary plat, though approved, were abandoned when the applicant
failed to execute the development agreement due to the inability to negotiate an access point on
Edgewood Lane with ACHD.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use
(BP) Business Park
Pasture
C -2 -DA (Commercial-
Commercial/Retail
General Business with a
Subdivision and
Proposed
p
Commercial &
Development Agreement)
Senior Apartment
Mixed Use
MU -DA (Mixed Use with a
Complex
Development Agreement)
Manufactured
C -2 (Commercial- General
Homes, Industrial
North of site
Commercial &
Business)
FIex Space, Clock
Mixed Use
MU -DA (Mixed Use)
Tower Retail Center
South of site
Mixed Use
MU -DA (Mixed Use)
Tennis Club Plaza
(under construction)
Manufactured Home
East of site
Mixed Use
(BP) Business Park
Park, ABC Seamless
Siding
West of site
Downtown
(Mixed
MU -DA Mixed Use
Office, Commercial,
Retail Center
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
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H. SITE DATA:
Total Acreage of Site — 15.55 -acres
Mixed Use — 2.7 -acres
Commercial — 12.85 -acres
Total Number of Units in Mixed Use Area — 48
Single- family — 0
Duplex — 0
Multi - family — 48
ADDITIONAL SITE DATA
PROPOSED
REQUIRED
Dwelling Units Per Gross Acre
17.7 - dwelling units per acre
(Mixed Use area)
Up to 20 -units per acre
maximum
Total Acreage of Landscaped Area
2.58 -acres
1.69 -acres (minimum)
Percent of Site as Landscaped Area
16.6%
15% (minimum)
1. APPLICANT'S STATEMENT OF JUSTIFICATION OF A COMPREHENSIVE PLAN MAP
AMENDMENT:
See applicant's justification letter, date stamped by the City on October 23, 2015 (attached to the
staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE AND
DEVELOPMENT AGREEMENT:
See applicant's justification letters, date stamped by the City on September 3, 2015 and November
4, 2015 (attached to the staff report).
K. GENERAL SITE DESIGN FEATURES:
Greenbelt /Pathway Areas:
The Conceptual Site Plan, date stamped by the City on November 4, 2015, delineates a 10 -foot
wide sidewalk located adjacent to State Highway 44. The Conceptual Site Plan also delineates five -
foot (5') wide detached sidewalks located adjacent to East Edgewood Lane, East State Street, and
the proposed East McGrath Road realignment. The Conceptual Site Plan also delineates sidewalks
provided connectivity between the various pad sites and the multi- family apartments.
Open Space:
A total of 2.58 -acres (16.6 %) of open space is proposed within the development. The Conceptual
Site Plan, date stamped by the City on November 4, 2015, shows open areas located adjacent to the
surrounding streets, multi - family apartments, and adjacent to several of the commercial pad sites.
Commercial Area:
The Conceptual Site Plan, date stamped by the City on November 4, 2015, identifies the following
uses located within the commercial area:
Anchor Tenant — 1
Restaurants (with drive through) — 4
Restaurants — 3
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Retail -- 7
Bank/Financial Institution -- I
The Conceptual Site PIan indicates the combined square footage of the commercial area buildings
is 75,090- square feet.
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. AIso, 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:
Fire Hydrants and Water Mains:
On -site Septic System (yes or no) — Unknown
Preservation of Existing Natural Features:
Eagle City Code Section 9 -3 -8 (B) states that existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees, watercourses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
L. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is currently annexed to the Eagle Sewer District and is in the Eagle Water Company service
area.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern —No
Evidence of Erosion — No
Fish Habitat —No
Floodplain —No
Mature Trees — Yes — SeveraI trees in the center of the site.
Riparian Vegetation —No
Steep Slopes —No
Stream /Creek — No
Unique Animal Life —No
Unique Plant Life —No
Unstable Soils —No
Wildlife Habitat —No
0. NON - CONFORMING USES:
Based upon the information available, the proposed comprehensive plan amendment and rezone
will not create any noncompliance with any provisions of the Eagle City Code.
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P. 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:
Ada County Highway District
Central District Health Department
COMPASS (Communities in Motion 2040 Development Checklist)
Idaho Transportation Department
Tesoro Logistics NW Pipeline
Q. LETTERS FROM THE PUBLIC: None received to date.
R. EAGLE CITY CODE 8 -7 -3 -2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission /Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall End adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Section 8 -2 -3 of this title (Eagle City
Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will
not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. 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; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance.
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 (Business Park). The Comprehensive Plan Future Land Use
Map designates the site as Mixed Use.
Chapter 1 — Overview
1.1 City of Eagle Statement of Purpose
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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 l .l Distribution of Uses
Land Use
% of total
Commercial
4%
Mixed Use
7%
Mixed Use Village
5%
Business/Tech
3%
Industrial
1%
Residential
75%
Parks /open space
5%
1.2.1 Idaho Code:
Understanding the constraints of the existing AOI, the City of Eagle began to look
at the requirements for establishing an expanded area of city impact. Under Idaho
Code §67- 6526(b), the following three factors are paramount in establishing an
area of city impact:
A. Trade Area: Trade area is the area that is needed to provide a city with an
economic base that supports the city. This economic base comprises not only
the city limits and the AOI but also includes the areas that surround a city and
bring people into the city for services. Historically, the City of Eagle has been
directly associated with a large trade area including properties extending north
into Gem County and west into eastern Canyon County. Further, ACHD
traffic counts and the existing transportation network support the claim of this
area being within the City of Eagle's economic trade area.
B. Geographic Boundaries: The Idaho Transportation Department (ITD) has
released plans to improve State Highway 16 from a two (2) lane roadway to at
least a nine (9) lane system (including right -of -way) in excess of one quarter
(114) 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
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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 limits 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 local businesses and clean industry;
G. a unique community that maintains its rural residential feel in the midst of the Treasure
Valley.
Similarly as in 1999, the 2004 Soaring 2025 plan, and the Foothills Plan: the City of Eagle
outlined an extensive public visioning process to guide the plan. The visioning sessions
discussed potential growth areas and goals to guide the long term development of the City.
From these visioning sessions, the following four broad goals were identified for the
western AOI and the foothills:
A. Sustainability at build out: Ensure the ability for the city to continue to fund, improve
and support itself, including infrastructure and parks, without the use of building permit
fees, impact fees and zoning fees.
B. Identify "Activity Centers ": Identify areas that, due to the nature of existing uses,
future uses and/or transportation corridors, will lend themselves to increased activity
and non - residential use to preserve larger areas as primarily residential neighborhoods
and sensitive areas as open space.
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C. Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve the
function of regionally significant roadways through the City while ensuring
compatibility with land uses and design standards of the City.
D. Increased Employment Opportunities: Identify areas that will provide significant
employment opportunities to the residents of the City of Eagle thereby allowing the
City to be a desirable place to live, work, and recreate.
1.5 Relationship to the City of Eagle Zoning Ordinance
Idaho Code §67 -6511 states that "zoning districts shall be in accordance with the adopted
plan." In general this means that zoning must be "in keeping" with a comprehensive plan
if one exists. Further, the Eagle City Zoning code requires consistency between the
comprehensive plan and affected zones at the time of rezoning. Additional zoning
classifications may be needed to ensure the accurate implementation of this sub -area plan.
Chapter 2 — Property Rights
2.4 Implementation Strategies
A. Land use development regulations should be designed to protect the health, safety and
welfare of the community, and to avoid any unnecessary conditions, delays and costs.
B. The protection and preservation of private property rights should be a strong
consideration in the development of land use policies and implementation standards
and regulations and as required by law.
C. The Comprehensive Plan and implementing ordinances should strive for stable and
consistent policies regarding development densities and requirements.
D. All changes in the comprehensive plan and land use entitlement should be reviewed in
compliance with this plan and the visioning plan for the western area. (Map 2.1)
Chapter 3 — Population
3.4 Objective
To plan for anticipated populations and households that the community can support with
adequate services and amenities. Chapter 4 — Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the public
and are generally available to Eagle residents. The City and special districts provide the
basic services of water, sewer, school, police, fire and library to residents. With Eagle's
growing population comes the need for increased public services and the necessity to
improve existing service delivery systems.
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.
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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 PIan.
Chapter 5 — Economic Development
5.1 Background
The economic development component of the Comprehensive Plan presents a discussion
of the economics and employment in Eagle. The city encourages appropriate economic
development while retaining those attributes that give Eagle its special living and working
environment.
5.3 Economic Development Goals
A. Ensure the ability for the City to continue to fund, improve and support itself, including
infrastructure, without the use of building permit fees, impact fees and zoning fees.
B. Identify areas that will provide significant employment opportunities to the residents
of the City of Eagle thereby allowing the City to be a desirable place to live, work, and
recreate.
C. Identify areas that, due to the nature of existing uses, future uses and/or transportation
corridors, will lend themselves to increased business activity and nonresidential use so
as to preserve larger areas as primarily residential neighborhoods.
D. Increase available jobs within the City of Eagle to levels comparable with adjacent
communities.
5.5 Economic Development Implementation Strategies
F. Seek new commercial development that will complement Downtown Eagle and Eagle's
rural residential identity to locate adjacent to but outside Downtown Eagle.
I. Encourage the balancing of commercial uses throughout the City, the western
planning area, and the Foothills to avoid overloading key intersections and individual
planning areas.
N. Limit the development of excessively large single entity businesses that would
jeopardize the competitive business environment of Downtown Eagle to areas within
the regional commercial centers that are planned for the northeast corner of U.S.
Highway 44 (State Street) and the future extension of State Highway 16, the northeast
corner of State Highway 44 & State Highway 55, and Community Centers within the
Foothills Planning Area.
Q. Encourage Community Scale Commercial use to locate along State Highway 55 & 16
within the Foothills to promote trip capture along the regional roadway system.
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Chapter 6 — Land Use
6.1 Background
Managing growth and channeling it into orderly community development is the key
element of land use planning. Unplanned growth results in undesirable land use patterns.
Areas within the City and within the City's planning areas are given land use designations
which are depicted on the Comprehensive Plan Land Use Map, hereinafter referred to as
the "Land Use Map ". (See Map 6.1 & 6.2)
The Land Use Map is an integral part of the Comprehensive Plan. It serves as a planning
policy document and planning tool that will assist the City in sustaining responsible growth
and development to ensure that evolving land use patterns remain consistent with goals,
objectives and strategies of the Plan.
Land use designations as reflected on the Land Use Map are based on the existing land use
pattern, existing natural physical features such as the Boise River, Dry Creek and the
foothills, floodplain areas, capacity of existing community facilities, projected population
and economic growth, compatibility with other uses of the land, transportation systems,
and the needs of local citizens.
As a part of the review of the 2000 Comprehensive Plan, the City completed a land capacity
analysis of the economic sustainability of the existing AOI and future growth areas for the
City. This study found that the City of Eagle, though stable and united in its vision to
develop a city with a uniquely rural character, did wish to establish long term sustainability
for the City as it approached build out.
The 2007 Comprehensive Plan detailed the following uses for the incorporated City and
the AOI:
Table 6.1— Mixture of Land Uses
Mix of uses (fnclndingFoofhins)
A Cwm�eiclal,
Mod 1Aa.
i SUOMI. i
MWSMSI
�� a1Rmklanllal
3D%
o Pi0sropen
spate
B%
6.3 Land Use Designations
Development density shall be calculated by project. Unused density for undeveloped or
underdeveloped land adjacent to or within the same land use designation will not be
transferred or used to "balance" or "maximize" densities within an area. Clustering will
only be allowed as specified in the "Parks, Recreation, and Open Spaces" chapter of the
Comprehensive Plan.
For the purposes of this comprehensive plan, the density shall be defined as the ratio of the
total number of dwelling units within a project divided by the total project area. Should
that number be a fraction, it shall be rounded up to the nearest whole number, except where
the comprehensive plan details a fractional density, and then the density shall not exceed
the number described in the comprehensive plan.
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The land use designations on the Comprehensive PIan 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 20I5) designates this
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.
6.3.11 The Applicant is proposing the following Land Use Designation:
Commercial
Suitable primarily for the development of a wide range of commercial activities
including office, retail and Service establishments. Uses should complement
Downtown Eagle.
6.4 Land Use Goals
B. Ensure the ability for the city to continue to fund, improve and support itself (including
infrastructure) without the use of building permit fees, impact fees and zoning fees.
C. Identify areas that, due to the nature of existing uses, anticipated uses, and /or
transportation corridors, will lend themselves to increased activity and non - residential
use while preserving larger areas as residential neighborhoods.
D. Preserve the function of regionally significant roadways transecting the City while
ensuring compatibility with land uses and design standards of the City.
6.6 Land Use Implementation Strategies
B. Establish land use patterns and zoning districts that do not exhaust available services
such as sewer, water, police, fire, recreational areas, highways and transportation
systems.
C. Provide for a broad spectrum of housing types including apartments, townhouses,
condominiums, single - family attached, manufactured homes, affordable and
subsidized housing and large - acreage developments.
G. Locate higher - density residential development closest to Downtown Eagle and activity
centers as shown on the Comprehensive Plan Land Use Map.
K. Institute a PUD ordinance to facilitate and regulate cluster development.
S. Encourage a variety of housing through such mechanisms as PUD's in subdivisions
including large lot subdivisions.
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)
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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.
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 #I 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.
• Minor arterials are similar to principal arterials but serve to carry through traffic by
connecting with and augmenting the principal arterial system. Minor arterials are
typically section line roads. On- street parking is prohibited.
8.2.1 Principal Arterial
Mobility Function:
The primary function of a principal arterial is to provide major circulation and
movement through urban areas and to connect with major activity centers and
freeways. A principal arterial may serve motorized and non - motorized
transportation needs and may include up to seven vehicular traffic lanes. On-
street parking is prohibited.
Access Function:
Access from other roadways is controlled and subordinate to traffic on the
principal arterial street. Direct lot access is prohibited or severely restricted.
Combined access points are encouraged. The City's Access Management Plan
should be the final determination of any site access plan.
Right -of Way:
As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway District.
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8.2.3 Minor Arterial
Mobilitv Function:
The primary function of a minor arterial is to carry through traffic by connecting
with and augmenting the principal arterial system. A minor arterial may serve
motorized and non - motorized transportation needs, be designed with the
minimum street section needed to accommodate projected traffic volume, and in
conformance with the Long Range Transportation Plan of COMPASS. On- street
parking is prohibited.
Access Function:
Access to other roadways is Iess restrictive than principal arterials. Direct lot
access is restricted 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.8.2.6
8.25 Local Roadways
Mobility Function:
The primary function of a local street is to serve abutting property. Local streets
are to be designed to allow on -street parking and discourage continuous or
unobstructed flow of traffic through residential neighborhoods.
Access Function:
To normally provide abutting properties with unrestricted access to the local street
unless the street is a local commercial street, in which case access restrictions may
apply.
Right -of -Way:
As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway District.
8.4 Goals
A. Roadway System Goals
1. Develop a transportation system to serve the planned land uses of the City of Eagle
and its Area of Impact. The transportation system should provide regional
connectivity to neighboring cities and regions.
2. Maintain the functional and connectivity of the street system for current users,
emergency response efforts, and for use by future generations.
3. Using sound land use and transportation relationships, develop alternate routes or
corridors for ACHD planners to evaluate that best emphasize the needs of
developing areas while lessening the potential for congestion. This is typically
implemented through the development review process.
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4. Protect and buffer homes, businesses, sidewalks and pathways, parks and opens
spaces from the adverse impacts of roadways and traffic. Reasonable design
measures should include narrower street sections, medians, alleys, landscaping,
pathways and trails, and the design of bridges and other structures.
5. Develop an access management plan for the arterial, collector and local street
system. Communicate the access management plan to the 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 SH44, SH -16, SH -55 and US 20 -26
corridors.
3. Support the concept and goals of demand management strategies, such as
telecommuting, ride - sharing, park- and -ride facilities, etc. to reduce overall
travel demand.
8.5 Objectives
A. Encourage completion of the existing street system and creation of new links, within
reasonable constraints, as the transportation system develops.
B. Encourage the preservation of right -of -way for future grade- separated intersections
where appropriate within the SH -44, SH -55, US 20 -26 and SH -16 corridors.
C. Maintain a land use decision - making process that is supportive of the operational
characteristics identified in the most recent Regional Transportation Plan for Ada
County of record, and which is protective of living environments along streets.
Balance the regional need for connectivity with the local needs of accessibility.
D. Ensure that corridor planning, roadway route selection and other transportation system
development consider the impact on the development potential of adjacent and under-
developed lands.
E. Promote land use policies that limit access as necessary to maintain safe and efficient
operation of the existing street system while allowing reasonable access to individual
development parcels.
F. Maintain safe and comfortable neighborhoods by minimizing speeding and cut -
through traffic while avoiding cul -de -sac streets that isolate individual neighborhoods.
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G. Coordinate with the Community Planning Association (COMPASS), Ada County
Highway District (ACRD), Valley Regional Transit (VRT), and the Idaho
Transportation Department (ITD) to ensure consistency between transportation system
improvements and the land use plans and decisions of the City of Eagle and
surrounding city and county governments.
8.6 Implementation Strategies
8.6.1 Roadway Strategies
A. Work in conjunction with the Ada County Highway District (ACHD), Idaho
Transportation Department (ITD), and Community Planning Association
(COMPASS) to classify roadways on the City of Eagle
Transportation/Pathway Network Maps #l, #2, #3 incorporated into this
Comprehensive Plan by reference. The Maps are to assure conformity to
designations as delineated on the Land Use Map. The maps shall be provided
to the Community Planning Association for input into the Community
Planning Association's Functional Street Classification Map and Regional
Transportation Plan.
C. The most recently adopted Regional Transportation Plan for Ada County of
record is adopted by reference as part of the City of Eagle Comprehensive
Plan.
F. Integrate all modes of travel to reduce travel and support air quality
improvement measures.
G. Encourage roadway design standards and roadway classifications that are
consistent with the Idaho Transportation Department (ITD), Ada County
Highway District (ACHD), Community Planning Association COMPASS,
and other agencies that may be responsible for roadway planning and design.
I. Evaluate the impact to the City of all roadway improvements and roadway
extensions.
K. Work regionally to integrate the pathway system with the ongoing planning
and design efforts for the SH44, SH -16, SH -55 and US 20 -26 corridors
8.6.2 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.
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C. Support the access restriction policies of the Ada County Highway District and
the Idaho Transportation Department at a minimum. The access restrictions
shall be based upon the most stringent future use of the roadway. Temporary
accesses may be considered in areas with a 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 SH44, SH -16, SH -55 and US
20 -26 corridors have the greatest potential. Impacts to existing or planned
neighborhoods should be considered.
B. Coordinate with ACHD and the regional transit authority to encourage the
development of transit system amenities (shelters, bus turnouts, etc.) with the
any major activity centers along major arterial corridors and in others areas as
the need develops.
C. Encourage the development of transit system amenities (shelters, bus turnouts,
etc.) within the Village Center, along major arterial corridors and in others
areas as the need develops.
E. Develop transit supportive corridors along SH44, SH -l6, 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 #l, #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/bicycIe overpass or underpass crossings
should be considered. AIso, at grade intersection enhancements, such as
landscaping, crosswalk pavers and signage, for pedestrian/bicycle safety and
comfort, should be considered.
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8.6.5 Land Use and Parking Strategies
E. Establish and require minimum setbacks between developments and roadways
and to encourage installation of berms and landscaping for all developments
to enhance safety, provide noise attenuation and to enrich the roadway or
community appearance. Special considerations may be required for Foothills
developments.
F. Establish a system to review the cumulative effect of the impacts to the
transportation system from development.
G. When reviewing land use amendments, zone changes, master plans,
conditional uses and other significant entitlement requests, take into
consideration the impact of the project on street levels of service. The City's
preferred standards shall be those identified for new streets in ACHD's
Development Policy manual, or its successor. Service level impacts shall be
minimized through project modifications, traffic management plans, street
improvement plans or other means.
K. All new developments shall be reviewed for appropriate opportunities to
connect to local roads and collectors in adjacent developments.
L. New developments shall be required to stub access to adjacent underdeveloped
parcels, where appropriate.
Chapter 9 - Parks, Recreation and Open Spaces
9.3 Future Conditions
As the City of Eagle grows, new parks and facilities will be needed to meet the recreation
needs of the community. There will be a demand for more parkland including pathways,
practice fields and ball fields as well as a skateboard park. The completion of Reid Merrill
Sr. Park, Ada County Sports Park and the new entrance to Eagle Island State Park may
meet current needs. Land acquisition for future park sites and pathways is vital in order to
develop land for pathways and neighborhood parks. There will also be a need for indoor
facilities and recreation programs. One cost effective method available to the City is to
pursue joint venture development and use opportunities with the school district. The City
of Eagle values its river, creeks, canals, and foothills. Opportunities for the City include
maintaining drainage and canal corridors and rights -of -way to establish a pathway system.
New development projects will provide for pathway circulation in accordance with adopted
local and regional pathway plans. A Pathways Committee would review development
proposals to ensure pathways continuity. Maintaining these corridors will add community
identity and ensure the quality of recreation in Eagle. These areas are the habitat of a
variety of species (e.g., fish, eagle, etc.) and play an important role in the community's
ecology.
9.4 Parks
9.4.1 Goal
A. To create ample areas and facilities for our residents' diverse indoor and
outdoor park and recreational interests.
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.
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B. To plan and design parks for sustainability and conservation of natural
resources.
C. To provide a system of neighborhood parks where safe and convenient access
is available to residents.
D. Provide a system of interconnected parks, trails and open spaces throughout
the City.
E. To dedicate and develop areas for parks in new residential developments.
9.4.3 Policies
A. Acquire land for future parks in neighborhood and community settings at a
rate that meets or exceeds the national standards.
B. Seek innovative funding sources for acquisition, planning, design,
construction, and maintenance of parks.
C. Ensure all City parks are managed and maintained in a cost effective manner
for the enjoyment of the public.
9.4.4 Implementation Strategies
A. Develop policy to preserve, in perpetuity, established parks and land acquired
for parks.
E. Aggressively explore public /private or intergovernmental agreements to assist
in park acquisition, development, and recreational opportunities.
G. Create an ordinance that requires developers to dedicate and establish parks in
new developments.
9.5 Pathways and Greenbelts
Pathways are non - motorized multi -use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically Iand 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.
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J. Identify connections between trail sections and existing and future parks and
open spaces.
O. Provide separate and safe pathway crossings for Highways 55 and 44 at key
pathway intersections.
9.5.3 Implementation Strategies
A. Create ordinances that require developments to provide improved pathway
systems with links to adjoining pathway systems, parks, and open spaces.
9.6 Open Space
Open space is land which is not used for buildings or structures and offers opportunities
for parks, recreation, water amenities, greenbelts, rivertrails and pathways, tourism, leisure
activities, viewpoints, and wildlife habitat.
9.6.1 Goal
A. To provide wherever possible open space and natural features such as natural
river frontage, greenbelts, river trails and pathways, creeks, flood plains and
flood ways, drainage ways and canals, development buffers, wooded areas,
grasslands, foothills, and viewpoints for public use and enjoyment.
9.6.2 Objectives
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.
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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 Iand uses to residential and
commercial land uses. Eagle's quiet charm and agricultural roots have made the
community a mecca for those seeking larger lots for open space and gentleman farming.
Over the last years much of the agricultural land has been divided into a variety of parcel
sizes which are highly sought after by many urban residents. Density options that reconcile
quality of life and costs of services issues must be balanced and will require compromise
by all parties.
10.2 Goal
A. Encourage a variety of housing so that all residents can choose sound, affordable
homes that meet individual needs.
10.3 Implementation Strategies
A. Encourage a wide diversity of housing types and choice between ownership and rental
dwelling units so that adequate, affordable housing is available for all income groups.
B. Coordinate the location of all housing with the ability to be served by adequate public
facilities and services.
Chapter 12 — Community Design
12.1 Vision
Over the next 20 years, the City of Eagle is forecasted to experience high growth rates that
without proper management and planning will impact the quality of life and housing
options available to its residents. Rather than ignore the growth pressures that are currently
shaping most Treasure Valley communities, the City of Eagle is looking at options that
will embrace housing alternatives and transit density but will also preserve the rural nature
of the City.
12.2 Goals
A. Protecting the City's character: Strive to create an aesthetically pleasing community
and protect the unique natural beauty and small town character of the City.
B. Maintaining a functioning City at build out: Ensure that the City can continue to fund,
improve and support itself, including its infrastructure and parks, at build -out when
building permit fees, impact fees and zoning fees are no Ionger 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.
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12.3 Objectives
A. Enhance the appearance of the City's entry corridors. Design review procedures
should guide future development and redevelopment of existing uses. Depending on
land uses and buildings, more extensive landscaping and fewer points of access may
be required. The design review process will enable the City to address the special
features of each property and facility in a manner that will best address the overall
intent of enhancing Eagle's entryways. Eagle's entrance corridors may take on the
look of landscaped berms like those built adjacent to the Banbury and Lexington Hills
Subdivisions.
C. Provide residents of the City of Eagle and the Area of City impact with opportunities
to seek housing in a neighborhood of their choice.
D. Create a clearly identifiable community.
12.4 Implementation Strategies
A. Establish and maintain development patterns and design criteria in keeping with the
rural transitional identity of Eagle.
B. Include in the City Design Review Ordinance criteria for building design, landscaping,
signage and other aesthetic standards. Development along State Street within the
Impact Area and outside the City limits shall be encouraged to comply with the Design
Review Ordinance.
J. Require new residential, commercial, and industrial development to meet minimum
design standards as specified by City Ordinances.
L. Develop buffer and transition zones between conflicting types of land use.
Q. Encourage the development of pathways and open -space corridors throughout the City.
V. Maintain the rural residential character and open space environment n and around the
City.
HH. Provide a variety of housing opportunities ranging from large lot residential to multi-
family apartment uses.
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)
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JJ. Require that private and public open space be included in new multi - family
developments and that they are large enough to be used by all residents.
Chapter 13 — Implementation
13.5 Comprehensive Plan Amendments
From time to time, changing conditions will result in the need for comprehensive plan
amendments.
The Land Use Planning Act provides for amendment to the Comprehensive Plan. The
City Council or any group or person may petition the City Planning and Zoning
Commission for a plan amendment at any time. On its own initiative, the City Planning
and Zoning Commission may originate an amendment to the Comprehensive Plan.
However, the City Planning and Zoning Commission may recommend amendments to
the Comprehensive Plan to the City Council not more frequently than every six (6)
months; however text amendments may be recommended at any time.
13.6 Goal
A. The Eagle Comprehensive Plan and related ordinances are working documents used
by citizens and City leaders to shape the future of Eagle.
13.7 Implementation Strategies
A. Update the zoning and subdivision ordinances to be in conformance with the adopted
Comprehensive Plan as required by state law.
B. Charge the Planning and Zoning Commission to be responsible to review the status
of the implementation actions and critique the relevance of the Comprehensive Plan,
including recommending any amendments to City Council on an as- needed basis.
C. Require any person applying for a Comprehensive Plan amendment to submit a
justification letter for the amendment which letter shall include the following:
1. A specific description of the change being requested.
2. Specific information on any property involved.
3. A description of the condition or situation which warrants a change being made
in the Plan.
4. A description of the public benefit(s) that would occur from such a change in
the Plan and an explanation of why the public would need any such benefit(s).
5. An explanation of why no other solutions to the condition or situation which
warrants a change in the Plan are possible or reasonable under the current
policies of the Plan.
6. A proposed development plan for any 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.
S. Any other data and information required by the City for the evaluation of the
request.
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Definitions:
Commercial
Community Commercial A large shopping area that may feature
a grocery store as well as department stores or volume discount
retail outlet as an anchor. It may also include a variety of uses
such as restaurants, office and entertainment. A community
commercial area may have a total of 80,000 to 120,000 square feet
but no single building in excess of 50,000 square feet.
Internal Circulation The movement of traffic into and out of properties and local
roadway systems without the need to enter onto arterials and
regional roadway networks.
Live/Work Housing that is based on the traditional downtown living
arrangement - shopkeepers operated their businesses on the lower
Ievels 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 usuaIIy 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.
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Shared /Joint Parking A parking lottstructure located between or shared by two
properties to meet parking requires of the Code. In some cases a
joint lot/garage can be located on a separate parcel of land with
joint or public ownership.
Transitional Density The shifting of density within a development to allow
compatibility with existing uses adjacent to or within a site.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8 -1 -2: Rules and Definitions:
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.
EASEMENT: Authorization by a property owner for the use by another, and for a specified
purpose, of any designated part of his property.
• 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:
C -2 GENERAL BUSINESS DISTRICT: To permit the establishment of areas for commercial uses
allowed in other commercial zones and commercial uses which are more intensive than those
permitted in other commercial zones. Uses that complement rather than compete with the uses
allowed within the CBD zoning district shall be encouraged.
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office,
limited commercial, and residential. This district is intended to ensure compatibility of new
development with existing and future development. It is also intended to ensure assemblage of
properties in a unified plan with coordinated and harmonious development which shall promote
outstanding design without unsightly and unsafe strip commercial development. Uses should
complement the uses allowed within the CBD zoning district. All development requiring a
conditional use permit in the MU zoning district, as shown in section 8 -2 -3 of this chapter,
shall occur under the PUD and /or development agreement process in accordance with
chapter 6 or 10 of this title unless the proposed development does not meet the area requirements
as set forth in section 8 -6 -5 -1 of this title. In that case a cooperative development, in conjunction
with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a
conditional use permit shall be required unless the proposed use is shown as a permitted use in the
MU zoning district within section 8 -2 -3 of this chapter, Residential densities shall not exceed
twenty (20) dwelling units per gross acre. When a property is being proposed for rezone to the MU
zoning district a development agreement may be utilized in lieu of the PUD and /or conditional use
process if approved by the city council provided the development agreement includes conditions
of development that are required during the PUD and conditional use process.
0 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.
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Eagle City Code, Section 8 -2 -4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks
Note Conditions A To E* Maximum
Lot
Zoning Maximum f c Interior Street Covered F
District Height Front Rear Side Side And J*
C -2 35' 0' 0' 0'
MU 35' 20' 20' 7.5'
Minimum
Lot Area Minimum
(Acres Or Lot
Square Width
Feet) H* I*
0' 92% 1,300 25'
20' 50% 5,000 50'
Eagle City Code Section 8 -2A -7: Landscape and Buffer Area Requirements:
K. Parking Lot Landscaping:
1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street
parking:
Parking should be located to the side and rear of buildings and shall be screened so that it
does not dominate the streetscape. Fences, hedges, berms, and landscaping may be used to
screen parking areas (chain -link fencing shall not be permitted). In the design of large
parking areas, arrange bays of parking spaces to be separated by landscaping. When
parking lots occur on sloping terrain, step the parking lots to follow the terrain rather than
allowing the lot surface to extend above natural grade.
2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is
located adjacent to a public right of way. The landscaped strip shall serve to shield views
of parked cars to passing motorists and pedestrians, and to establish coordination among
architecturally diverse buildings, which creates a pleasing, harmonious appearance along
the roadway.
Four (4) options are provided for fulfilling this requirement:
a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking
lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35)
linear feet of frontage, excluding driveway openings.
b. Provide an earth berm of thirty inches (30 ") minimum height (do not exceed 3:1 slope)
within a ten foot (10') wide landscaped strip between the right of way and the parking
lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35)
linear feet of frontage, excluding driveway openings.
c. Provide a six foot (6) landscaped strip with a minimum thirty inch (30 ") grade drop
from the right of way to the parking lot, and plant with a minimum of one shade tree
and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway
openings.
d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or
concrete along with a four foot (4') wide landscaped strip between the right of way and
the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty
five (35) linear feet of frontage, excluding driveway openings. (Ord. 462, 11 -11 -2003)
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(1) The board may waive the requirement for a wood, brick, stone, decorative block or
concrete fence if the board finds the following:
(A)The applicant must design, document, and obtain city approval representing
that the overall planting design, at the time of planting, results in an effective
barrier such that the landscape strip shields the view of parked cars from
passing pedestrians and motorists; and
(B) Any such proposed design alternative is compatible with the overall site design
of the entire project and is compatible with the surrounding area. (Ord. 434, l -
14 -2003)
3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking
areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot (5) wide perimeter landscaped strip between the
property lines and the parking lot, and plant with a minimum of one shade tree and
five (5) shrubs per thirty five (35) linear feet of perimeter.
4. Parking Lot Interior Landscaping:
a. Calculated Amount: Interior parking lot landscaping shall be required on any parking
lot with ten (10) spaces and above. The required amount of landscaping is based on a
sliding scale, as follows:
Percent Of Total Area Of
Total Number A Lot That Must Be An
Of Spaces Interior Landscaped Area
10-20 5 percent
21 -50 8 percent
51+ 10 percent
b. Additional Requirements:
(1) No interior planter shall be less than five feet (5) in any dimension.
(2) No parking space shall be more than sixty feet (60') from an interior landscaped
area.
(3) Parking islands are to be as evenly spaced as feasible throughout the lot to
consistently reduce the visual impact of long rows of parked cars.
(4) Deciduous shade trees and ground covers or low shrubs are recommended as
primary plantings in interior landscaped areas. Deciduous shade trees are to be
clear branched to a height of six feet (6').
(5) A terminal island for a single row of parking spaces shall be landscaped with at
least one tree and shrubs, ground cover, or grass. A terminal island for a double
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row of parking spaces shall contain not less than two (2) trees and shrubs, ground
cover, or grass.
• Eagle City Code Section 8 -4 -5: Schedule of Parking Requirements:
Apartments or multi - family dwellings: For each unit with 2 or more bedrooms - 2 including I
covered; for each 1 bedroom or studio unit - 1.5 including 1 covered. 0.25 spaces per unit shall be
provided for guest parking. Adjacent on street parking spaces on a Iocal street may be credited
toward the guest parking requirement.
Restaurant with drive - through: 1 per 200 square feet of gross floor area; plus queue space for 5
cars for drive up service
• Eagle City Code, Section 8 -7 -3 -2 General Standards for Conditional Use:
The Commission /Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Section 8 -2 -3 of this title (Eagle City
Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will
not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. 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; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
1. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance.
• Eagle City Code, Section 8 -7 -3 -5 Conditional Use Permit:
D. Conditions of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
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6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
C. DISCUSSION:
+ The applicant is requesting a comprehensive plan map and text amendment to change the Future
Land Use Map for 12.85 acres of the l 5.55 -acre site located at the northeast corner of the Edgewood
Lane and State Highway 44.
• Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 [c] [3]) within the
2011 Comprehensive Plan, the applicant must show, "the condition or situation which warrants a
change being made in the plan." In the applicant's justification letter, date stamped by the City on
October 23, 2015, the applicant states the following:
"The current Future Land Use Map for the specific area of the requested development is Mixed
Use. And while the existing Map designation supports the residential component of the
development, the proposed change of a portion of the Map to a Commercial designation will assist
the applicant in providing a wide range of community desired commercial uses."
+ The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 [c] [4]) seeks to identify
"the public benefit that would occur from such a chance in the clan." In the applicant's justification
letter, date stamped by the City on October 23, 2015, the applicant provided the following:
"The current Eagle City Comprehensive Plan sets goals for the community that include, among
other goals, the encouragement of commercial for this area, along with a variety of housing in the
community so that all residents can choose sound, affordable homes that meet individual needs."
"The applicant believes that this request is a benefit to the public need in that the proposed
development would provide specific commercial services that are either not currently available in
the City, or where more variety in those services is necessary."
• 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 October 23, 20I5, the
applicant provided the following:
"...growth that has occurred in this area immediately east of downtown, the overall population of
the Eagle community has increased substantially over the years, requiring the need for additional
services to accommodate that growth. Citizens of the City of Eagle currently travel further distances
outside of the City for many services, where negative impacts to the public, including lost tax
dollars, and increased traffic and pollution, just to name a few, are occurring. There doesn't appear
to be any other solutions to the issues discussed without a change to the current Comprehensive
Plan."
• The Eagle Comprehensive Plan Chapter l: Overview, Section 2: Vision promotes:
o providing diversified employment and housing opportunities for all economic groups;
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.
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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 Iive, work, and recreate.
The applicant's proposal is consistent with some of the larger goals and visions of the City
comprehensive plan. The site in question was designated as Mixed Use in 2007 with concerns
about the intensity of a commercially dominated use on the site. A development agreement should
be used to control and limit the overall intensity of the site. Uses such as drive through, fast food,
and large single entity commercial business should be restricted in this area. Special consideration
should be made for how this property interacts and competes with Downtown Eagle. In 2011, when
the City adopted the Downtown Plan this area was not included in the Downtown Plan because the
citizens specifically stated it was an entry but not part of downtown. When considering the totality
of recent non - residential approvals at this intersection, there could be concern that the types and
intensity of uses are in competition with Downtown Eagle and deter people from coming into
Downtown Eagle.
• 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."
o The Eagle Comprehensive Plan Chapter 4, Schools, Public Services and Utilities, Section 7
Sewer establishes policies to guide the planning for and provision of sewer within the City:
• 3(B) states: "Compare ESD expansion Plans with the City's information regarding planned
development within the Area of City Impact & the Eagle Foothills."
• 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 Eagle Comprehensive Plan Chapter 6, Land Use, section 6B 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."
The site is located in an area previously planned for small scale retail and office uses (2004
Plan) and subsequently changed to Mixed Use (2007). The site is served by sewer from the
Eagle Sewer District and water by Eagle Water Company.
The applicant states that recent development and residential growth within the area necessitates
the need for commercial uses in the area. It is important to note that two of the four corners
(SW & SE) of the State Highway 44 and Edgewood Lane intersection are mixed use projects
with both residential and non - residential uses. Further, the NW corner is office, retail and
restaurant uses. The need for retail at this location may not be as significant once the existing
entitlements are fully constructed.
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Numerous policies within the Eagle Comprehensive Plan address the location, scaling, and
allowance of non - residential uses within the Community:
o The Eagle Comprehensive Plan Chapter 5, Economic Development, section 5 states:
■ F. Seek new commercial development that will complement Downtown Eagle and Eagle's
rural residential identity to locate adjacent to but outside of Downtown Eagle.
■ 1. Encourage the balancing of commercial uses throughout the City, western planning area
and the Foothills to avoid overloading key intersections and individual planning areas.
■ N. Limit the development of excessively large single entity businesses that would
jeopardize the competitive business environment of Downtown Eagle to areas within the
regional commercial centers that are planned for the corner of SH44 and SH16, the
northeast corner of SH 55 and SH44, and the community centers within the Foothills
Planning Area.
■ Q. Encourage Community Scale Commercial areas to locate along SH55 and SH16 within
the Foothills.
• The Eagle Comprehensive Plan Chapter 6, Land Use, section 4, C states: "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 uses while preserving larger area as
residential neighborhoods."
• The Eagle Comprehensive Plan Map 6.1: Future Land Use Map Designates this property
within the "Scenic Corridor" Chapter 6: Land Use, Section 3.20 defines a Scenic Corridor 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 signage controls."
• 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 Eagle Comprehensive Plan Chapter 9: Parks Recreation and Open Space, Section 6.4 (E)
states: "Develop a Comprehensive beautification plan that includes but is not Iimited to open
space such as road rights -of -way, abandoned roads segments, and City entryways."
• The Eagle Comprehensive Plan Chapter 12: Community Design, Section 4 (1I) states: "State
Highway 44, State Highway 55, State Highway 20/26, State Highway 16 and the proposed
east west collector are designed as scenic corridors requiring landscaped setback and
separated meanderings sidewalks, modified standards may be necessary within the Eagle
Foothills."
The applicant's request is not to create a new "non - residential area" but to expand the number and
intensity of the non - residential uses in the area. As currently designated (Mixed Use) the site was
intended to provide a mix of residential, office and "Neighborhood Commercial" uses (15,000 to
30,000 square feet with no building in excess of 25,000 square feet). If approved, the land use
mixture would be Commercial with less than 20% of the site retaining a Mixed Use designation
and containing residential. The City's current comprehensive plan identifies this area as being
Mixed Use and the previously approved application limited the intensity of the commercial uses.
The applicant's request would expand the non - residential uses to a level consistent with community
commercial (80,000 to 120,000 square feet of commercial with no single user above 50,000 square
feet) and allow for drive through uses that are specifically prohibited in the Mixed Use areas of the
plan. The applicant has also requested a right -in driveway access from SH44 from ITD. The
access point as designed only serves the proposed project and does not promote greater connectivity
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of the area. Staff has concerns that the proposed access and uses in the area will create a "Strip
Commercial" look (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 or complex will tend to have its own curb cut onto the arterial). The
site is located within the scenic corridor overlay of the comprehensive plan. The site should be
developed with a detached meandering pathway and enhanced landscaping along SH -44. Special
consideration should be made with regard to 4 -sided architectures and Iocating loading docks and
trash enclosures along the SH -44 corridor.
If commercial is supported in this area, staff would recommend:
1) The development agreement be utilized to limit the overall intensity of the development to no
more than 80,000 square feet and no single structure in excess of 30,000 square feet.
2) The development agreement should be utilized to limit the location of loading docks and trash
enclosures along the SH -44 corridor. Loading facilities should be located on the northern side
of structures to not be visible from SH -44 and trash enclosures should be be screened from
view by landscaping.
3) The development agreement should require four sided architecture for all buildings.
• The Eagle Comprehensive Plan Policy 6.6 G State: "Locate higher - density residential development
closest to Downtown Eagle and activity centers as shown on the Comprehensive Plan Land Use
Map"
While the applicant proposes to develop a 48 -unit "senior" apartment complex on the remaining
mixed use portion of the site (approximately 18 units per acre) the current Comprehensive Plan
designation would allow additional residential units on the site. The site is located to the east,
across Edgewood Lane, of an existing "activity center ", Downtown Eagle and Rocky Mountain
Business Park and north of the proposed commercial uses in River District Tennis Club
Development. Residential uses on this site are within walking distance ('A mile) of an existing park
and ride facility, the Boise River Corridor and greenbelt, and Eagle Academy (public school).
Numerous policies within the Eagle Comprehensive Plan address how the City should plan for
property adjacent to and near major transportation corridors:
• The Long Range Street and Highway Classification Map designates State Highway 44 as a
principal arterial and Edgewood Lane as a Minor Arterial.
• 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' /. -mile.
• The Eagle Comprehensive Plan Chapter 6: Land Use, Section 4 (C) states: 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 uses while preserving larger area as
residential neighborhoods.
• 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.
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J. Encourage planning of local roadway systems that will provide for intra - neighborhood
connectivity. The connecting roadways should be designed to not become collectors and
to discourage traffic from cutting through neighborhoods to go from a collector or arterial
to another collector or arterial. Such infra- 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 but the proposal is also in conflict with several of these policies as well. The proposed
development is Iocated along a future transit corridor, within '/4 mile of an existing park and ride
facility, within' /4 mile of Boise River Corridor and greenbelt, within '/ mile of Eagle Academy
(public school). According to the applicant, the site will provide basic goods and services to an
area that is seeing significant growth and underserved, but the applicant does not demonstrate the
need for additional commercial uses since there is existing and undeveloped commercial uses
within '/4 mile of the site including the Rocky Mountain Business Park, the River District, and the
Tennis Club Plaza just across SH -44 from the site. Further, it is common for non - residential
development (and the associated services) to be developed later than the residential use.
The proposed development includes a right -in access point on SH44. The intensity of the Mixed
Use Land Use designation approved in 2007, allowed for a variety of uses that would limit the need
for direct access to these arterials. The change of use to Commercial will, according to the
applicant, necessitate direct lot access to SH -44. Though staff recognizes the authority of ACHD
and ITD to permit and regulate access to their systems this request is in conflict with the City's
plan for these roadways. Staff recommends that the right -in access point to SH44 be moved to the
east to align with the proposed realignment of McGrath Road and the connection become a public
access (not private). This change facilitates better connectivity in the area and reduces the
appearance of this area being strip commercial development as discussed above.
• Numerous policies within The Eagle Comprehensive Plan address how the City should plan for
and address open space and recreation within the City and development process:
o The Eagle Comprehensive Plan Chapter 9.4.2 Parks Objective A states "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."
• The Eagle Comprehensive Plan Chapter 9.5.2 Pathways and Greenways Strategy O states
"Provide separate and safe pathway crossings for Highways 55 and 44 at key pathway
intersections."
• The Eagle Comprehensive Plan Chapter 9.6.2 Open Space Strategy B states "To provide an
open space setting for active and passive recreation for all age groups throughout the
community."
• The Eagle Comprehensive Plan Chapter 12.4 Community Design Strategy JJ states "Require
that private and public open space be included in new multi- family developments and that
they are large enough to be used by all residents."
Though a pedestrian overpass to SH44 was initially discussed, the development does not show an
overpass at this location. The site will rely on existing at -grade crossing to SH -44 to connect to the
greenbelt and Boise River corridor.
The conceptual plan provided does not detail open space or recreational uses for the "Senior
Apartments ". While the site is within walking distance of many community amenities special
consideration should be given to the needs of older and limited income residents as well as the
overall livability of the site. Staff recommends that the development agreement address the
provision of on -site active recreational amenities (community gardens, swimming pool, and trails).
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Staff requests that the City provide guidance as to what amenities should be included prior to
development.
• The applicant's narrative, date stamped by the City on September 3, 2015, indicates they are
requesting a development agreement in lieu of a conditional use permit to request the following
allowances within the MU (Mixed Use) zone: 1) multi - family residential as a permitted use 2)
reduced setbacks, and 3) a height exception from 35 -feet to 40 -feet in height.
Request # I
Multi- family dwellings require a conditional use permit within the MU (Mixed Use) zoning
designation. Developments 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 Eagle City Code. The applicant is proposing a development
agreement in lieu of a conditional use permit for this development; therefore the findings and
conditions usually found within a conditional use permit should be placed within the rezone
findings and associated development agreement.
Request #2
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 on the Conceptual Site Plan, date stamped by the City on November 4, 2015,
reflects the following setbacks:
East McGrath Road
East State Street
Commercial Side
10 -feet
2 -feet
10 -feet to garage
Pursuant to Eagle City Code Section 8 -2 -4, the following setbacks are required within the MU
(Mixed Use):
Front 20 -feet
Rear 20 -feet
Interior Side 7.5 -feet (first story) /5 -feet additional per story
Street Side 20 -feet
Maximum Lot Coverage: 50%
The Conceptual Site Plan, date stamped by the City on November 4, 2015, shows the multi - family
building located adjacent to East State Street and the proposed East McGrath Road realignment.
Although the applicant is requesting reduced setbacks adjacent to East State Street and East
McGrath Road the Conceptual Site Plan shows the multi - family building located 40 -feet from back
of curb on East State Street and 25 -feet from back of curb on East McGrath Road. Staff is
supportive of the setback request provided the applicant is required to landscape to the edge of the
respective streets. In regard to proposed landscaping adjacent to East State Street, the owner should
provide landscaping located between East State Street and the multi - family building commensurate
with planting requirements pursuant to Eagle City Code Section 8- 2A- 7(J)(4)(a). The landscape
plan should be reviewed and approved by the Design Review Board prior to submittal of a final
plat application.
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It is staffs opinion the setbacks for the MU -DA (Mixed Use with a development agreement) zone
should be as follows:
North Property Line (East State Street): 2 -feet
South Property Line 10 -feet
East Property Line (East McGrath Road) 10 -feet
West Property Line (Commercial Area) 10 -feet
Request #3
The applicant is requesting a height exception to allow the multi - family building located within the
MU -DA (Mixed Use with a development agreement) zoned portion of the development to be
constructed to a maximum of 41 -feet in height. The applicant provided building elevations, date
stamped by the City on November 4, 2015, that shows the multi - family building with three (3)
stories. The building elevation also shows the height of the building to be 39 -feet, l 1- inches, in
height. The applicant's narrative, date stamped by the City on September 3, 2015, indicated the
three story senior building will be 41 -feet in height. The proposed building height of the multi-
family structure should not exceed 40 -feet in height as shown on the submitted building elevation,
date stamped by the City on November 4, 2015.
The Conceptual Site Plan, date stamped by the City on November 4, 2015, shows four (4)
restaurants (with drive- through) located within the commercial area. Pursuant to Eagle City Code
Section 8 -4 -5, the restaurant drive - through lane is required to have sufficient queue space for five
(5) cars for the drive up service. The drive through lane shown on the Conceptual Site Plan shows
approximately 90 -feet in distance located between the area where the service window would be
located and the drive aisle providing access through the site. Also, pedestrians leaving the restaurant
to the east would have to cross the drive through lane to access a portion of the parking area
associated with the restaurant. The restaurants (with drive - through) should be limited to Pads B, C,
and N (as shown on the Conceptual Site Plan, date stamped by the City on November 4, 2015).
The Conceptual Site Plan, date stamped by the City on November 4, 2015, delineates a 10 -foot
wide pathway located adjacent to State Highway 44. The Conceptual Site Plan shows a five -foot
(5') wide sidewalk located adjacent to East Edgewood Lane. The applicant should be required to
continue the 10 -foot wide sidewalk from State Highway 44 south on East Edgewood Lane to the
intersection of East Iron Eagle Drive. The applicant should provide and construct, in accordance
with the provisions of Eagle City Code Section 9- 4 -1 -6, a minimum ten foot (10') wide public
sidewalk along the portion of the Property located adjacent to State Highway 44 and East
Edgewood Lane. The public sidewalk should be constructed prior to issuance of a certificate of
occupancy for the first structure on the site. The specific location and design of the sidewalk should
be approved by the City of Eagle Park and Pathway Development Commission prior to submittal
of a design review application. The public sidewalk should be located in a recorded easement or
easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9- 4- 1 -6(E)
(2). The instrument number of the recorded easement or easements should be referenced on the
face of the plat, upon recordation of the final plat(s) wherein the public sidewalk is located.
The Comprehensive Plan identifies this area as a Scenic Corridor. The Comprehensive Plan defines
the Scenic Corridor area as an overlay designation that is intended to provide significant setbacks
from major corridors and natural features through the city. These areas may require berming,
enhanced landscaping, detached meandering pathways and appropriate sign controls. The berming
and landscaping Iocated 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
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established for the Scenic Corridor. The applicant should be required to install a three foot (3')
high landscaped berm (measured from the centerline of State Highway 44) within a 30 -foot wide
common lot located adjacent to State Highway 44. The berm area should be landscaped with the
following plants per one hundred (100) linear feet of right of way: two (2) shade trees, three (3)
evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with one
(1) flowering/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, or prior to the issuance of a building permit, whichever
occurs first.
The Multi - Family Development Data table included within the Conceptual Site Plan, date stamped
by the City on November 4, 2015, indicates the proposed parking ratio for multi- family building is
1.5 stall /unit. The table also indicates that based on the 48- dwelling units at 1.5 stalls /unit the
required parking is 72- spaces and further indicates 73- spaces are provided. The Conceptual Site
Plan shows 65 parking spaces (18- garages, 18- carport, 19- non - covered). Pursuant to Eagle City
Code Section 8-4 -5, apartments with two (2) or more bedrooms are required to have 2.25 spaces
(including one [I] covered]) /unit inclusive of guest parking. Apartments with one (1) bedroom are
required to have 1.75 spaces (including one [1] covered) /unit inclusive of guest parking. The
applicant has not provided sufficient information in regard to the breakdown of multi-family units
in regard to number of bedrooms. If the units are proposed to be one (1) bedroom units the required
parking for the site pursuant to Eagle City Code would be 84- spaces (48- covered, 35- non - covered).
The applicant has not requested a waiver of the required parking, therefore, the parking for the site
should be designed and constructed in conformance with Eagle City Code Section 8 -4 -5.
STAFF RECOMMENDATION REGARDING THE COMPREHENSIVE PLAN MAP
AMENDMENT:
Based upon the information provided to staff to date, staff recommends approval of the requested
comprehensive plan map amendment conditioned upon the approval of the associated rezone with
development agreement.
STAFF RECOMMENDATION REGARDING THE REZONE WITH A DEVELOPMENT
AGREEMENT:
Based upon the information provided to staff to date, staff recommends approval of the rezone with a
development agreement with the Conditions of Development as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Eagle Planning and Zoning Commission on
November 2, 2015. The public hearing was continued to November 16, 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).
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:
• The proposed development will be a good addition to the city.
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K Tlanning DcptTAgle Applica1ioas\RZRA120151RZ -I 1 -15 & CPA -05 -15 Ease End Marketplace ccf.doca
• Two of the Commissioners indicated the multi - family structure should be reduced in height to not
exceed 35 -feet.
• The public sidewalk located adjacent to South Edgewood Lane should be a minimum of 10 -feet in
width.
• The drive through lane associated with the restaurant use on Pad K should be eliminated.
• The applicant should be permitted to utilize an alternative method for providing landscape buffering
located adjacent to State Highway 44.
• The Commission was divided regarding the proposed parking shown for the multi - family building
being less than what is required pursuant to Eagle City Code. Two (2) of the Commissioners indicated
that the number of spaces shown were sufficient for a senior housing project.
• Based on the applicant proposing the multi - family development as senior housing, a condition of
development should be added requiring that the multi- family structure be for senior housing only.
COMNIISSION DECISION REGARDING THE COMPREHENSIVE PLAN MAP
AMENDMENT:
The Commission voted 4 to 0 to recommend approval of CPA -05 -15 for the requested comprehensive plan
map amendment from Mixed Use to Commercial for TPC Commercial, LLC, as provided within their
findings of fact and conclusions of law document, dated December 7, 2015.
COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT
AGREEMENT:
The Commission voted 4 to 0 to recommend approval of RZ -11 -15 for a rezone from BP (Business Park)
to C -2 -DA (General Business District with a development agreement) and MU -DA (Mixed Use with a
development agreement in lieu of a conditional use permit) for TPC Commercial, LLC, with the 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.
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 no one (not including
the applicant/ representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION REGARDING THE COMPREHENSIVE PLAN MAP AMENDMENT:
The Council voted 4 to 0 to approve CPA -05 -15 for the requested comprehensive plan map amendment
from Mixed Use to Commercial for TPC Commercial, LLC, provided the development agreement
associated with the rezone is executed.
COUNCIL DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT:
The Council voted 4 to 0 to approve RZ -1 I -15 for a rezone from BP (Business Park) to C -2 -DA (General
Business District with a development agreement) and MU -DA (Mixed Use with a development agreement
in lieu of a conditional use permit) for TPC Commercial, 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 limitations set forth in this Development
Agreement. Further, Owner will submit such applications regarding floodplain development permit
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K Tlanning depi agle AppliationsW&A120IARZ -11.15 k CPA -05.15 Eut End Marketplace cc[doea
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.
The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and
platting while still maintaining the general intent of the Conceptual Plan with the requirements set
forth in this Development Agreement. Specific design elements shall be clarified during the platting
and design review application processes.
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, and notice shall be provided as may be required by the City.
However, the residential portion of this development proposal located within the MU -DA (Mixed
Use with a development agreement) zoning district 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 on the Concept Plan with the provisions and allowances contained herein, shall be
maintained.
3.3 The total number of residential units on the Property (within area zoned MU -DA) shall not exceed
48 -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.
3.4 The Setbacks for the Multi - Family units shall be as follows:
North Property Line (East State Street): 2 -feet
South Property Line l0 -feet
East Property Line (East McGrath Road) I0 -feet
West Property Line (Commercial Area) l0 -feet
3.5 Owner shall provide landscaping located between East State Street and the multi - family building
commensurate with planting requirements pursuant to Eagle City Code Section 8- 2A- 7(1)(4)(a). The
landscape plan shall be reviewed and approved by the Design Review Board prior to submittal of a
final plat application or prior to the issuance of any building permits, whichever occurs first.
3.6 The proposed building height of the multi - family structure shall not exceed 40 -feet in height as
shown on the submitted building elevation (Exhibit D).
3.7 The multi - family building shall be constructed utilizing a "Craftsman" style of architecture similar,
but not limited to, the architecture shown on Exhibit D. The commercial /retail buildings shall be
constructed utilizing a style architecture as shown on Exhibit E. The multi - family building and
commercial buildings shall be designed utilizing four -sided architecture. Eagle Design Review Board
approval of the detailed architectural plans for the development is required prior to the issuance of
building permits for the multi- family building and commercial /retail buildings.
3.8 The commercial area of the Property as depicted on the Concept Plan is to be developed with a
combination of retail, restaurant, and bank uses allowed within Eagle City Code Section 8 -2 -3
"Official Schedule of District Regulations" under the C -2 zoning designation. The commercial area
shall be limited to a maximum of 80,000- square feet of enclosed area (i.e., enclosed with walls and
roof). No commercial building footprint shall exceed 30,000 - square feet of enclosed area (i.e.,
enclosed with walls and roof).
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K }Planning DeplElgle Appliea1iom\RZ &AUDl5VRZ -11 -15 & CPA -05 -15 Eat End Marketplace . dxe
39 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 General Business District
and 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 C -2 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 C -2 zoning designation shall 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 ReguIations," shall be permitted uses
on the Property:
Multi - Family Dwelling
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:
• Adult Business;
• Equipment Rental and Sales Yard;
• Kennel;
• Nursery, plant materials;
• Small Engine Repair;
• Storage (enclosed building)
• Storage (fenced area)
3.10 The Restaurants (with drive through) shall be limited to Pads B, C, K and N (as She' ° °^ `h°
GeReeptual Site Plan, date stamped by the Gity erk NOVeffibeF 4, . 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 restaurant drive through lanes and the adjacent
roadway to reduce the impact of the vehicles utilizing the drive through lanes (i.e. vehicle headlights
and vehicle cueing).
3.11 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the
issuance of a building permit. Prior to issuance of any building permits, Owner shall provide proof
of central sewer service with any application for building permit.
°siden`ial and eemmerewal 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.
3.12 The development is to 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.
3.13 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 multi- family
residential units located adjacent to East State Street 4) elevation plans for all proposed common area
structures and irrigation pump house (if proposed), S) landscape screening details of the irrigation
pump house (if proposed), 6) useable amenities such as benches, picnic tables, covered shelters,
benches, gazebos, and/or similar amenities. The design review application shall be reviewed and
approved by the Eagle Design Review Board prior to the submittal of a final plat application, or prior
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K Tlanning DepllEagle ApplicationsSRZ&AUDIS -11-15 k CPA -05 -15 Eau End Marketplace ccfdou
to the issuance of a building permit, whichever occurs first.
3.14 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.
3.15 All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas (unless approved for removal by the Design Review
Board) shall be provided for Design Review Board approval prior to the submittal of a final plat.
3.16 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-
4 -1 -6, a minimum ten foot (10') wide public sidewalk along the portion of the Property Iocated
adjacent to State Highway 44 and East Edgewood Lane. The public sidewalk shall be constructed
prior to issuance of a Certificate of Occupancy for the first structure on the site. The specific location
and design of the sidewalk shall be approved by the City of Eagle Park and Pathway Development
Commission prior to submittal of a design review application. The public sidewalk shall be located
in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City
Code Section 94- 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 public sidewalk is
located.
3.17 Owner shall install a three foot (3') high landscaped berm (measured from the centerline of State
Highway 44), or alternative method, within a 30 -foot wide common lot located adjacent to State
Highway 44. The berm area shall be landscaped with the following plants per one hundred (100)
linear feet of right of way: two (2) shade trees, three (3) evergreen trees, and twenty four (24) shrubs.
Each required shade tree may be substituted with one (1) flowering/ornamental tree, provided that
not more than fifty percent (50 %) of the shade trees are substituted. The total number of trees shall
be twen -five 25 and the total number of shrubs shall be four hundred and seven -five 475 as
depicted in the plan provided on December 15, 2015 (Exhibit F 14). The landscape plan shall be
reviewed and approved by the Design Review Board prior to submittal of a final plat application.
3.18 The parking for the site shall be in conformance with Eagle City Code Section 8 -4 -5: Schedule of
Parking Requirements; except that, the senior housing shall be permitted 1.5- space /dwelling unit
inclusive of one (1) space covered /dwelling unit.
3.19 Loading facilities shall be located on the northern side of structures to not be visible from State
Highway 44.
3.20 Owner 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. Eagle acknowledges the applicant is applying for an access point to
South Ed_aewood Lane and, if the applicable transportation agency with jurisdiction al2proves the
access point, the Ci acknowledges the access point as approved can be incorporated into the design
of the,proiect.
3.21 Residential units shall comply with the U.S. Housing and Urban Development Senior Housing
requirements for "55 year or older" housing. The multi - family development shall be for senior
housing only.
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K Tlanning DeptTAgle Applicaiionsli &M2013VU.11 -IS & CPA-DS-15 East End A4arkoplace cadoc%
CONCLUSIONS OF LAW:
I. The Council reviewed the particular facts and circumstances of this proposed comprehensive plan
amendment (CPA- 05 -15) and based upon the information provided concludes that the proposed
comprehensive plan amendment is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
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 Iivability 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 use will provide additional diversity of homes in the area. Residential uses on this
site are within walking distance (1/ mile) of an existing park and ride facility, the Boise River
Corridor and greenbelt, and Eagle Academy (public schooI). This change would allow for increased
flexibility in housing options /demands for an aging population.
c. The proposed use will not create a new "non - residential area" but will expand the number and
intensity of the non - residential uses in an existing "activity center." The proposed use is for a
community commercial center (80,000 to 120,000 square feet of commercial with no single user
greater than 50,000 square feet in size).
2. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ- 11 -15) in
terns Eagle City Code Section 8 -7 -5 (F) (1) "Action by the Commission and Council" and based upon
the information provided concludes that the proposed rezone is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The zoning designation of C -2 -DA (General Business District with a development agreement) and
MU -DA (Mixed Use with a development agreement in lieu of a conditional use permit) is consistent
with the Commercial and Mixed Use land use designations on the Comprehensive Plan Land Use
Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist, or are expected to be provided, to serve all
uses allowed on this property under the proposed zone;
c. The proposed C -2 -DA (General Business District with a development agreement) and MU -DA
(Mixed Use with a development agreement in lieu of a conditional use permit) zones are compatible
with the MU (Mixed Use) and C -2 (General Business District) zones and land uses to the north
since the subject property is separated from the property to the north by East State Street and the
property to the north is developed with commercial uses or may be developed with a similar use;
d. The proposed C -2 -DA (General Business District with a development agreement) and MU -DA
(Mixed Use with a development agreement in lieu of a conditional use permit) zones are compatible
with the land use to the south since that area is separated from the property by State Highway 44
(principal arterial) and is currently being developed with a commercial project;
e. The proposed C -2 -DA (General Business District with a development agreement) and MU -DA
(Mixed Use with a development agreement in lieu of a conditional use permit) zones are compatible
with the MU (Mixed Use) zone and land use to the west since that area is separated from the
property by South Edgewood Lane (minor arterial) and is developed with commercial uses;
£ The proposed C -2 -DA (General Business District with a development agreement) and MU -DA
(Mixed Use with a development agreement in lieu of a conditional use permit) zones are compatible
with the BP (Business Park) zone and land use to the east since the property located south of East
McGrath Road contains a commercial use and the property located north of McGrath Road contains
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K %Planning Deprl -Agle Appli cat!omUtz &A,2C 131RZ- I V. E & CPA45.15 East Erd Matkaplace ccrdoex
a manufactured home park which will be located adjacent to the proposed senior housing apartment
building;
g. The land proposed for rezone is not Iocated within a "Hazard Area" and "Special Area" as described
within the Comprehensive Plan; and
h. No non - conforming uses are expected to be created with this rezone.
3. The Council reviewed the particular facts and circumstances of a Conditional Use Permit in terms of
Eagle City Code Section 8- 7 -3 -2, "General Standards For Conditional Uses" and has concluded that:
A. Will, in fact, constitute a conditional use as established in Section 8 -2 -3 of this title (Eagle City
Code Title 8) for the zoning district involved since residential uses, reduced setbacks, and a height
exception to 40 -feet may be permitted within the MU (Mixed Use) zone with the approval of a
conditional use permit and/or a development agreement in lieu of a conditional use permit. The
reduced setbacks identified in Condition of Development #3.4 and the height exception is approved
within the MU (Mixed Use) zone only;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and /or this title (Eagle City Code Title 8) since there are no
inconsistencies with the Comprehensive Plan and since the residential use, reduced setbacks, and
height exception to 40 -feet are permitted with the approval of a conditional use permit within the
MU (Mixed Use) zoning district;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will not
change the essential character of the same area since all buildings on the site will be designed to
meet the City's design review requirements and design requirements of the Eagle Architecture and
Site Design Book;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the proposed uses
on the site are surrounded by a mix of uses including commercial and residential;
E. 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; or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such services as noted in responses received by agencies providing public services and the
buildings will be connected to central sewer and water;
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community since the applicant will be
connecting the buildings into existing central sewer and central water and access will be provided
from existing streets;
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that
will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors since the proposed commercial
development is located within an area planned for additional traffic and the proposed residential
use on the remaining property will not produce the above mentioned objectionable elements; and
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares since the site is served by existing streets and a
state highway. Also, all access points to the site from the existing street and state highway requires
approval from the transportation agency having jurisdictional authority; and
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K 1Planning DgxTagle AppliutionsAMAU015VU -1 l -IS k CPA -03-I3 EnI End Mvketplace ccf.dom
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance since there are no scenic or historic features of major importance on the site.
4. Pursuant to Eagle City Code 8 -7 -3 -5 (F), a conditional use permit shall not be considered as establishing
a binding precedent to grant other conditional use permits.
DATED this 12" day of January, 2016
CITY COUNCIL
OF THE CITY OF EAGLE
a County, Idaho
•••••QFyEAG( %,
ames D. Reynolds, N a: r
Q�R.4
JO +�
ATTEST:
:v �•!
••'00q;�
Sharon K. Bergmann, Eagle City Clerk
1�� a••••
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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KAI'IalllltllF IXplV:agk ArrIIGallom%RZ.&M10MR/ I I IS & CPA CS I Fist Ind Makvip1 v l:cf dcvx