Findings - CC - 2016 - A-04-16 & RZ-06-16 - Annex/Rezone From Rut To Mu-DaBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT (RURAL -URBAN TRANSITION) )
TO MU -DA (MIXED USE WITH A )
DEVELOPMENT AGREEMENT) FOR )
RICHARD AND SHARON TERRY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-04-16 & RZ-06-16
The above -entitled rezone application came before the Eagle City Council for their action on September
13, 2016, at which time public testimony was taken and the public hearing was closed. 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:
Richard and Sharon Terry, represented by Kirsti Grabo with KM Engineering, LLP, are requesting
an annexation and a rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -
DA (Mixed Use with a development agreement). The 6.74 -acre site is generally located on the
south side of State Highway 44, approximately 1,380 -feet west of the intersection of West State
Street and State Highway 44 at 2755 West State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, on Thursday, May, 19, 2016, at the Eagle Public
Library in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on June 16, 2016.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on July 11, 2016. 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 July 8, 2016. The site was posted in
accordance with the Eagle City Code on July 11, 2016. Requests for agencies' reviews were
transmitted on June 21, 2016, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
August 22, 2016. 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 August 23, 2016. The site was posted in
accordance with the Eagle City Code on September 1, 2016.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
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E. COMPANION APPLICATIONS:
PD -02-16 — A parcel division application to allow for the property to be split into to two (2)
separate parcels.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 6.74 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter dated June 16, 2016 (attached to the staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification letter dated June 16, 2016 (attached to the staff report).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The applicant is requesting that the existing single-family dwelling continue to be served by an
existing individual well and septic system.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — Yes — Floodway area located adjacent to the Boise
River.
Evidence of Erosion — None
Fish Habitat — No
Floodplain — Yes — Floodway located on the southern 60 -feet (approximately) of the site.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Business Park
RUT (Rural Urban Transition -
Single-family dwelling
Ada County designation)
Proposed
No Change
MU -DA (Mixed Use with a
Parcel Division
Development Agreement)
North of site
Residential One
RUT (Rural Urban Transition -
Single-family
Ada County designation)
dwelling/agriculture
South of site
Floodway
PS (Public/Semipublic)
Boise River and Eagle
Island State Park
East of site
Business Park
RUT (Rural Urban Transition -
Single-family dwelling
Ada County designation)
West of site
Business Park
A -R (Agricultural -Residential)
Single-family dwelling
RUT (Rural Urban Transition -
Ada County designation)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 6.74 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter dated June 16, 2016 (attached to the staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification letter dated June 16, 2016 (attached to the staff report).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The applicant is requesting that the existing single-family dwelling continue to be served by an
existing individual well and septic system.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — Yes — Floodway area located adjacent to the Boise
River.
Evidence of Erosion — None
Fish Habitat — No
Floodplain — Yes — Floodway located on the southern 60 -feet (approximately) of the site.
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Mature Trees — Yes — Located in proximity to the existing dwelling and accessory structures and
the southern property line.
Riparian Vegetation — Yes — Located adjacent to the slough at the southern property line.
Steep Slopes — No
Stream/Creek — No
Unique Animal Life — Unknown
Unique Plant Life — Unknown
Unstable Soils —No
Wildlife Habitat —No
N. NON -CONFORMING USES:
The applicant is requesting that the existing single-family dwelling continue to be served by an
existing individual well and septic system. A Condition of Development will be placed in the
development agreement indicating that in the event the individual well or septic system fail the
applicant will be required to connect to central services.
O. 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
Eagle Fire Department
Eagle Sewer District
Republic Services
Tesoro Logistics NW Pipeline
P. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
Business Park
Suitable primarily for the development of technical park/research and development facilities,
offices and office complexes, and limited manufacturing activities, including small-scale
production, distribution, and storage of goods. Support activities may also be permitted.
All development within this land use shall be designed to be within a landscaped setting and be
free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Such
development should be operated entirely within enclosed structures and generate minimal
industrial traffic. Development within this land use designation should be required to proceed
through the PUD process.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration maps along the Boise River and Dry Creek (Generally shown on the
Land Use Map which is a part of this Plan). These areas are to remain open space because of the
nature of the floodway which can pose significant hazards during a flood event. Also, the
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floodway areas shall not be considered as a part of the minimum area of open space required (as
required within the zoning ordinance) unless developed as noted within this paragraph. Floodway
areas shall be excluded from being used for calculating permitted residential densities. Any portion
of the floodway developed as a substantially improved wildlife habitat area open to the public, or
useable public open space, such as a pathways, ball fields, parks, or similar amenities as may be
approved by the City Council, may be credited toward the minimum open space required for a
development.
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the Federal Emergency Management Administration maps such that
the floodway area is smaller than that shown on the Land Use Map the adjacent land use
designation show shall be considered to abut the actual floodway boundary.
When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the
Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
Scenic Corridor
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 signage controls.
Table 6.2 Zoning Compatibility Matrix
The Zoning Compatibility Matrix shows the MU (Mixed Use) zoning district as being compatible
with the Business Park land use designation.
6.5 Land Use Implementation Strategies
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.
E. Identify areas that will provide significant employment opportunities to the residents of the
City of Eagle, thereby supporting the City as a desirable place to live, work, and recreate.
6.6 Land Use Implementation Strategies
F. Encourage the development of technical park/research and development facilities, offices and
office complexes, and limited manufacturing activities.
P. Encourage the development of environmentally -friendly technical park/research and
development facilities, offices and office complexes, and limited manufacturing activities.
6.8.11 SH -44 and Ballantyne Planning Area
The SH -44 and Ballantyne Planning Area is located south of SH -44 between the signalized
intersection at SH -44 and Ballantyne Road and the signalized intersection at SH -44 and Eagle
Island State Park (Fisher Park Way). The planning area is designated as Business Park and Mixed
Use to accommodate a growing technical industry, commercial uses, and residential uses within
the City and valley, to provide employment options for City residents, and as a recognition of the
impacts of the regional transportation network and neighboring land uses (sewage treatment plant
and state park) in the area.
A. Uses
The land use and development policies specific to the SH -44 and Ballantyne Planning
Area include the following:
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1. The area is to be developed as a mixed use node with business/technical park,
residential, commercial, and limited ancillary uses.
2. The area should be designed to capitalize on the Boise River by providing trails and
open space throughout the area and ensuring public access to the river.
3. The area should be designed to provide sufficient space for corporate headquarters,
emerging technical uses, integrated with commercial uses, and residential uses in a
park -like setting.
4. This area is intended to serve as a unique location for business and technical uses
within the City of Eagle to encourage the location of clean industry into the City while
buffering between the Eagle Sewer District Sewer Treatment facility to the east and
Eagle Island State Park to the west.
5. Commercial uses may be considered as complementary uses which should not exceed
10% of the total land area of SH -44 and Ballantyne Planning Area. Commercial uses
are intended to be complementary to the business and technical uses in the planning
area and serve as a buffer between the residential uses and SH -44. Strip commercial
uses should be discouraged. Highway -oriented uses should be strategically placed at
signalized intersections and designed to accommodate the goals of the Scenic
Corridor.
6. The area north of the Boise River should be improved with pathways and other
amenities to encourage active recreation and passive enjoyment of the river and
riparian area.
7. All uses in the planning area should be designed with consistent architecture, design,
and signage as well as community design and art elements to create a campus feel
throughout the business and commercial area.
8. Residential uses (including single family, live/work, condos, and temporary/corporate
housing should be considered as complementary uses in this area and should be
scaled and designed to be pedestrian -friendly to establish a village feel along collector
roadways.
9. Public access should be maintained to provide residents, business and commercial
employees,, and guest access to the greenbelt and river, similar to the access provided
in the Eagle River Area.
B. Access
1. Access to the SH -44 and Ballantyne Planning Area will be from the signalized
intersections of SH -44 at Ballantyne Road and SH -44 and Eagle Island State Park
(Fisher Park Way). Any approved highway -oriented uses should be strategically
located at the immediate intersections.
2. All access should be reviewed for compliance with the State Street/SH44 corridor
management plan.
3. A new internal collector parallel to SH -44 should be built at the time of development
to move traffic within the area. All single -parcel access points to the State Highway
should be eliminated/consolidated during the development process.
4. A pathway and trails network should be encouraged to provide pedestrian access
along the Boise River connecting the SH -44 and Ballantyne Planning Area to the
existing City pathway system.
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C. Design
1. All commercial uses in the planning area should be designed to fit into a park -like
setting appropriately scaled so as to complement and not overpower the business and
residential uses.
2. The area should be developed with consistent and complementary architecture, design,
and signage to enhance the small pedestrian -friendly mixed use feel.
3. The design should capitalize on the extension of Old Valley Road and bring activities
and uses closer to the collector road, creating a pedestrian -friendly area that
encourages pedestrian circulation from the greenbelt and the residential areas, while
also servicing auto traffic.
4. The planning area should be designed to be internally focused, providing the ability to
capture or collect trips for the larger planning area with some limited trip capturing
from SH -44 and adjacent residential areas.
5. Common parking areas and joint parking agreements should be encouraged to
minimize walking distances between buildings and provide a pedestrian scale to the
area. On -street parking should be encouraged where sufficient right-of-way is
available.
6. Signage should be uniform and should be focused to the interior of the development
along the parallel collector to ensure that the highway rights-of-way are not cluttered
with individual and monument signs. The planning area should include a single
monument entry sign at the signalized intersections to establish place making
reference. Consistent design elements should be repeated throughout the area to
establish and maintain identity. Tall landscape berms should be avoided along SH -44
to prevent business and commercial -buildings from being obscured, but a landscaping
buffer should be significant enough to separate the uses from the State Highway and
instill a park -like atmosphere.
D. Issues
1. One of the main concerns in developing this area for a variety of uses is the need to
maintain a balance among the various employment opportunities that the Business
Park and Mixed Use designations afford. The goal is to create an environment where a
broad range of employment opportunities are available. To achieve this goal,
commercial development must be limited to uses intended to services the business use
and should be limited to 10% of the total planning area and should be designed to
serve the planning area and regional greenbelt users; big box uses should be
prohibited. Any approved highway -oriented uses must adhere to stringent design
guidelines in order to conform to the goals of the Scenic Corridor where applicable.
2. If deemed necessary, the planning area should identify a site for an electrical
substation. If a substation is not sited early in the development of the area, it is likely
the intent of this planning area to function as a technical park will be limited.
3. If single-family residential uses are located in this area, special attention should be
given to the transition between business/technical/commercial uses and single-family
residential uses. Transitional uses could include open space, live/work units, or light
office uses. Single -use development (i.e. residential only, office only) should be
discouraged in the area. Without a balance of uses, the intent to create a live, work and
plan environment within the planning area with be compromised.
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the
zoning districts have been formulated to realize the general purposes as set forth in this title.
In addition, the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office, limited commercial, and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure
assemblage of properties in a unified plan with coordinated and harmonious development
which shall promote outstanding design without unsightly and unsafe strip commercial
development. Uses should complement the uses allowed within the CBD zoning district. All
development requiring a conditional use permit in the MU zoning district, as shown in section
8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in
accordance with chapter 6 or 10 of this title unless the proposed development does not meet
the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative
development, in conjunction with adjacent parcels (to meet the minimum area requirements),
shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed
use is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter.
Residential densities shall not exceed 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.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation
noted on the official zoning map of the city (i.e., C -2 -DA), indicates that the zoning was
approved by the city with a development agreement. Specific provisions, as may have been
incorporated within the development agreement, are applicable to development within this
zoning designation.
C. DISCUSSION:
The Comprehensive Plan Land Use Map designates this site as Business Park. The site is also
located within the SH -44 and Ballantyne Planning Area. The applicant is requesting
annexation and rezone of the property to facilitate a parcel division (application #PD -02-16).
The parcel division record of survey (ROS), date stamped by the city on June 16, 2016, shows
a shared access easement providing access from SH -44 to the proposed new parcel. The SH -44
and Ballantyne Planning Area text indicates that access should be provided from an internal
collector located parallel to SH -44, which will allow for traffic to move within the area. The
text also states all single -access points located between Ballantyne Lane and Eagle Island State
Park should be eliminated or consolidated during the development process. The applicant is
not proposing to construct an internal collector at this time. Until such time a use is determined
to occur on the subject site no new development should occur until such time a new concept
plan is submitted (to be incorporated into the development agreement) identifying location of
roads (internal collector) within the development, lot layout, lot dimensional standards,
proposed setbacks, location and size of common areas and buffer areas.
• In regard to the parcel division application (#PD -02-16), the applicant should be required to
address all site specific conditions of approval and standard conditions of approval of the
parcel division application and present a mylar ready for signature by the City Clerk prior to
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the adoption of an ordinance for annexation and rezone of the property.
• The applicant resides in an existing home located on the subject site. The existing home is
served by an individual well and septic system. The applicant is requesting to allow for the
existing home to continue the use of the existing well and septic system. In the event the
existing well or septic system fail, the applicant should be required to connect to respective
central service. All future development of the site should be served by central water.
The property is not currently annexed into the Eagle Sewer District's service area. Prior to
future development of the property, the applicant should be required to provide a letter of
approval from the Eagle Sewer District indicating the property has been annexed into the
Eagle Sewer District's service boundaries. Also, prior to issuance of a building permit the
applicant should provide proof of adequate sewer service to the proposed habitable buildings
by providing a letter of approval from the Eagle Sewer District.
• The southern portion of the site (approximately 60 -feet in width) is located within the
floodway area. The applicant should be required to comply with Eagle City Code Title 10,
Flood Control, prior to any development that may occur within an Area of Special Flood
Hazard
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff' to date, staff recommends approval of the requested
annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA (Mixed
Use with a development agreement) with conditions to be placed in a development agreement as provided
within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
1, 2016, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by three (3) individuals who indicated the following concerns:
• If the property is rezoned to MU -DA (Mixed Use with a development agreement) it is unknown
how the property may be developed in the future.
• The Mixed Use zoning designation allows for residential uses up to 20 -dwelling units per acre.
• The property should be rezoned to Business Park or Commercial to ensure that apartments are not
proposed on the subject property.
• There may be a possibility that eminent domain may be utilized to construct the improvements
needed to provide access to the subject property.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
two (2) individuals (other than the applicant/representative) who indicated the following points:
• An individual should be able to sell their property to retire.
• The city does a good job in controlling which uses are permitted within specific areas and how
those areas are designed.
• The nature of the area has changed due to development located across State Highway 44.
• How will central sewer and water be provided to the property?
• How will access be provided if a collector road is not constructed (providing connectivity to the
subject property) and a business park use is constructed on the subject property?
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COMMISSION DELIBERATION: (Granicus time 1:46:38)
Upon closing the public hearing, the Commission discussed during deliberation that:
• Although property rights are important to allow an individual to develop a property as they choose, it
should be recognized that the city has identified the type of development that should occur in this area
which may not allow for residential uses as indicated by the applicant.
• The availability of services has an effect on what may be developed on the subject property.
• The proposed zoning designation of MU -DA (Mixed Use with a development agreement) and
recommended conditions of development will require that an applicant will be required to submit a
new application prior to any future development of the property.
• Future applicants may have difficulty developing the property with a business park use if a collector
road is not accessible from the east or west to provide access to West State Street or Fisher Park Way.
• This area will not allow for high density development such as multi -family apartments.
• The timing of a collector being constructed through this area is in the future and will be addressed
when the time comes.
COMMISSION DECISION:
The Commission voted 3 to 0 (Wright and Guerber absent) to recommend approval of A-04-16 & RZ-06-
16 for an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -
DA (Mixed Use with a development agreement) with conditions to be placed within a development
agreement as provided within their findings of fact and conclusions of law dated August 15, 2016.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 13, 2016, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to the application was presented to the City Council by one (1) individual
who indicated they are concerned with the proposed business zoning designation in the immediate area
and also had a concern regarding flooding due to the proximity of the river.
C. Oral testimony in favor of the application was presented to the City Council by one (1) individual
(other than the applicant/representative) who indicated they are in favor of the applicant's proposal,
however, they would like to have input in the event a collector road is proposed across their property to
provide a connection to the applicant's property in the future.
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-04-16 & RZ-06-16 (Exhibit "A" [Vicinity Map]) for an annexation
and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA (Mixed Use with a
development agreement) for Richard and Sharon Terry with the following Planning and Zoning
Commission recommended conditions 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 review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.2 The Site Plan (Exhibit B) represents the Owner's current concept for the property. All future
development of the Property will require a detailed concept plan ("Concept Plan"). Owner shall
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submit the Concept Plan outlining any future development as a modification to the development
agreement prior to or concurrent with any future applications '
pefrit). The Concept Plan shall provide more detail, including but not limited to, location of roads
(internal collector) within the development, lot layout, lot dimensional standards, proposed setbacks,
location and size of common areas and buffer areas. The City shall hold necessary public hearings
pursuant to Eagle City Code notice requirements to address the Concept Plan and any changes
thereafter proposed to said plan.
3.3 The existing residential dwelling located on the property is recognized as a permitted use andy
additional rvsideft4ial development shall r-equif-e a development agmefaen4 medifleafien.
3.4 Owner shall address all site specific conditions of approval and standard conditions of approval of
the parcel division application (PD -02-16) and present a mylar ready for signature by the City Clerk
prior to the adoption of an ordinance for annexation and rezone of the Property.
3.5 The existing home may continue the use of the existing well and septic system, however, in the event
the existing well or septic system fail Owner shall connect to the respective central service if
facilities are available for connection. If central services are not available, Owner shall be permitted
to re -construct the well and/or septic system and utilize said facilities until such time as central
services become available.
3.6 A letter of approval shall be provided to Eagle from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to future
development of the property for uses other than one (1) new single-family residence. Owner shall
provide proof of adequate sewer service for all proposed structures (other than one (1) new single-
family residence) by causing a letter of approval to be provided to Eagle from the Eagle Sewer
District. Fey -}Prior to issuance of a building permit for a single-family residence, Owner shall
provide proof of approval for an adequate <.iewEsr s- iee septic system by causing a letter of approval
to be provided to Eagle from the Central District Health Department and/or IDEO. to the proposed
habitable buildings by eausing a letter- of appr-eval to be provided to Eagle fr-effl Eagle Sewe
Dis#iet. As such time as Eagle Sewer District facilities are available for connection, the single-
family residence shall be required to connect to said facilities.
3.7 Owner shall be required to provide central water for all future development of the Property for uses
other than one (1) new single-family residence, which shall be allowed to utilize a well for water
service until such time as central services are available.
3.8 Owner shall comply with Eagle City Code Title 10, Flood Control in regard to development within
an Area of Special Flood Hazard (ASFH).
3.9 All access to future development of Property shall be in conformance with the State Street/SH-44
corridor management plan.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-04-16 & RZ-06-16) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed rezone upon
annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of MU -DA (Mixed Use with a development agreement) is
consistent with the Business Park designation as shown on the Comprehensive Plan Land Use
Map and identified within the Zoning Compatibility Matrix (Table 6.2) contained within the
comprehensive plan;
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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 MU -DA (Mixed Use with a development agreement) zone is compatible with the
RUT (Rural Urban Transition — Ada County designation) zone and land use to the north since that
area is located across State Highway 44 and based on the Comprehensive Plan Land Use Map
designation of Residential One the property may be developed with a residential use which will be
buffered from the state highway if developed in the future;
d. The proposed MU -DA (Mixed Use with a development agreement) zone is compatible with the PS
(Public/Semipublic) zone and land use to the south since that area is buffered by the Boise River
from the subject site;
e. The proposed MU -DA (Mixed Use with a development agreement) zone is compatible with the A-
R (Agricultural -Residential) and RUT (Rural Urban Transition — Ada County designation) zones
and land use to the west since that area may be developed in a similar manner in the future;
f. The proposed MU -DA (Mixed Use with a development agreement) zone is compatible with the
RUT (Rural Urban Transition — Ada County designation) zone and land use to the east since that
area may be developed in a similar manner as this development in the future;
g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described
within the Comprehensive Plan and the applicant will be required to address the city's concerns
regarding development within those areas prior to developing the property;
h. As stated in the Development Agreement, the applicant will be required to provide central water
and sewer prior to any future development of the site. Therefore, no non -conforming uses are
expected to be created with this rezone.
DATED this 27t' day of September, 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
^ •••••�...u•••,,��•
of EAG
Stan Ridgeway, May G� U R q T'ti
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ATTEST: * SEAL =
Sharon K. Bergmann, Eagle City lerk •••.,;17t or -
Page 11 of 11
KAPlanning DeptlEagle ApplicationARZ&AW MA -04-16 & RZ-06.16 Terry ccf doc