Findings - CC - 2017 - RZ-01-17 - Resone From C-2 To Mu-Da In Lieu Of A Conditional Use Permit-Including Height ExceptionBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A REZONE FROM C-2 (GENERAL
BUSINESS DISTRICT) TO MU -DA (MIXED
USE WITH A DEVELOPMENT AGREEMENT
[IN LIEU OF A CONDITIONAL USE PERMIT,
INCLUDING A HEIGHT EXCEPTION]) FOR
HERON FAMILY TRUST, BRETT HERON
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-01-17
The above -entitled rezone application came before the Eagle City Council for their action on June 13,
2017, 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:
Heron Family Trust, Brett Heron, represented by Mark Butler with Land Consultants, Inc, is
requesting a rezone from C-2 (General Business District) to MU -DA (Mixed Use with a
Development Agreement in lieu of a conditional use permit, including a height exception) to allow
for a commercial use consisting of 3 -buildings and a multi -family residential use consisting of 10 -
buildings (9 -multi -family buildings containing 131 -dwelling units and one [1] club house). The
9.34 -acre site is located on the northeast corner the intersection of South Edgewood Lane and East
State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall at 6:00 PM, on Thursday, September 22,
2016, in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on February 2, 2017. Revised site plans
were received by the City of Eagle on February 14, 2017 and March 28, 2017. Revised
applications were received by the City of Eagle on March 8, 2017. A revised narrative was
received by the City of Eagle on March 28, 2017.
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 April 15, 2017. 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 April 14, 2017. The site was posted in
accordance with the Eagle City Code on April 17, 2017. Requests for agencies' reviews were
transmitted on March 17, 2017, 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
May 25, 2017. 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,
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Idaho Code and Eagle City Code on May 22, 2017. The site was posted in accordance with the
Eagle City Code on June 2, 2017.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS:
Lot Line Adjustment to adjust the original lot lines to reduce the number of parcels from five (5) to
two (2) parcels (LLA -05-17).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING DESIGNATION LAND USE
DESIGNATION
Existing Commercial C-2 (General Business Residential, agricultural,
District) and contractor's yard.
Proposed No Change MU -DA (Mixed Use with a Multi -family residential,
development agreement [in commercial
lieu of a conditional use
permit) (Portion of the site)
North of site Residential Four R-4 (Residential)
South of site Mixed Use
Single-family residential
(Edgewood Estates
Subdivision)
C-2 (General Business Commercial building
District) (Clocktower building)
East of site Commercial, Residential C-2 (General Business
Four District), R-4 (Residential)
West of site Downtown
C-2 (General Business
District)
Commercial buildings
(Andon Industrial Park),
Single-family residential
(Randall Acres Subdivision)
Commercial buildings
(Restaurant and Grossman
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site — 9.34 -acres (consisting of 8.34 -acres residential and 1.00 -acres commercial
contained within one [1] parcel)
Total Number of Units —131
Multi -family —131
Commercial — 3
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ADDITIONAL SITE DATA PROPOSED
Dwelling Units Per Gross Acre
15.7 -dwelling units per acre
(density calculation based upon
the residential area only: 131-
units/8.34-acres)
Total Acreage of Landscaped Area 3.55 -acres
Percent of Site as Landscaped Area 38%
REQUIRED
15.7 -dwelling units per acre
(as limited within the
development agreement)
1.4 -acres (minimum)
15% (minimum)
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter date stamped by the city on March 28, 2017 (attached to the
staff report).
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The concept plan, date stamped by the city on March 28, 2017, shows nine (9) apartment
buildings, one (1) clubhouse, and four (4) commercial buildings. One (1) of the commercial
buildings is located outside of the area proposed to be rezoned to MU -DA (Mixed Use with a
development agreement [in lieu of a conditional use permit]).
Height and Number of Stories of Proposed Buildings:
The building elevations document, date stamped by the city on March 28, 2017, shows the height
and number of stories of the apartment buildings numbered 1-9 and the commercial buildings
lettered A -D:
Building No.
1 (southern portion)
1 (northern portion)
2
3
4
5
6
7-9
Clubhouse (tower)
A -D
Stories
3
2
3
3
3
3
2
2
Height
36'11"
26'
36'11"
36'11"
36'11"
36'11"
26'
26'
25' (based on email received from Mark Butler, dated April 18, 2017)
2 less than 35'
Landscape Screening:
The concept plan, date stamped by the city on March 28, 2017, shows a 20 -foot wide buffer area
located adjacent to Edgewood Lane, which is classified as a collector. Pursuant to Eagle City
Code, Section 8-2A-7(J)(4)(a) a thirty-five foot (35') wide buffer area with a minimum five to
eight foot (5' to 8') high berm, decorative block wall, cultured stone, decorative rock, or similarly
designed concrete wall, or combination thereof shall be provided within these buffer areas.
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Open Space:
The concept plan, date stamped by the city on March 28, 2017, shows a total of 3.54 -acres (38%)
of open space. The open space is inclusive of a buffer area located adjacent to Edgewood Lane,
two (2) ponds with streams, pool, clubhouse, playground, lawn area, two (2) BBQ areas, and four
(4) planters located adjacent to the parking areas. The open space area is also inclusive of the
proposed paver areas located in proximity to the three (3) commercial buildings.
On-site Septic System (yes or no) — Yes
The residence located at 350 South Edgewood is connected to an individual septic system. The
applicant will be required to obtain the proper permits and abandon any septic systems prior to the
City Clerk signing the final plat.
Preservation of Existing Natural Features:
There are existing mature trees located adjacent to South Edgewood Lane in proximity to the two
(2) existing residences.
K. PARKING ANALYSIS:
Total: 360 (proposed)
Total Multi -Family Residential Units: 131
One Bedroom: 29
Two and Three Bedroom: 102
Commercial Structures: 4 (Total 15,000 square -feet)
Combined Reauired Total for Apartments
One Bedroom — 1.5/unit
Two and Three Bedroom — 2/unit
Guest Parking — .25/unit
29x1.5=43.50 parking spaces
102x2=204 parking spaces
131 x.25=32.75 parking spaces
• Pursuant to Eagle City Code Section 8-4-5 the following parking is required for apartments or
multi -family dwellings: For each unit with 2 or more bedrooms - 2 including 1 covered; for
each 1 bedroom or studio unit - 1.5 including 1 covered. 0.25 spaces per unit shall be provided
for guest parking.
Total Parking Spaces Required: = 281parking spaces
Commercial Buildings (4 Ione of which is located outside of the area proposed to be rezoned')
Total Commercial Building Area 15.000 square -feet (as referenced within the applicant's
narrative. date stamped by the city on March 28. 20171.
Staff based the parking analysis for the commercial buildings on a mix of retail, office, and
restaurant and dining rooms, uses.
Retail/Office — 1/250 square-feet10,000/250 = 40 parking spaces
Restaurant —1/150 square -feet 5,000/150 = 34 parking spaces
Total Commercial Spaces Required: = 74 parking spaces
Total Parking Space Required (Apartments + Commercial): = 355 parking spaces
Total Parking Spaces Provided (overall site): = 360 parking spaces
L. AVAILABILITY AND ADEQUACY OF UTILI IihS AND SERVICES:
Municipal sewer is available to this site through Eagle Sewer District and water will be supplied
by Eagle Water Company. Fire service will be available from the Eagle Fire District. The site
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accesses onto South Edgewood Lane and East State Street which are collectors. Police protection
is provided by Ada County through contract with the City of Eagle.
M. PUBLIC USES PROPOSED: None are proposed.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
O. NON -CONFORMING USES:
There are several existing structures located within the site that are proposed to be removed. Upon
removal of those structures no non -conforming uses will exist.
P. AGENCY RESPONSES:
Q.
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Trails Coordinator: All comments within the Trails Coordinator's email dated March 20,
2017, are of special concern (attached to the staff report).
Ada County Highway District
Central District Health Department
COMPASS (Communities in Motion)
Eagle Fire Department
Idaho Transportation Department
Sawtooth Law Offices, PLLC (on behalf of Drainage District #2)
Tesoro Logistics NW Pipeline
LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Peter Staley, date stamped by the city on April 25, 2017.
Email correspondence received from Cynthia Taylor, dated April 26, 2017.
Email correspondence received from Lisa Wiseman, dated April 28, 2017.
Correspondence received from Bob Wilson, date stamped by the city on May 1, 2017.
Correspondence received from Denise Kimpson, date stamped by the city on May 1, 2017.
Email correspondence received from Steve Deckers, dated May 1, 2017.
Email correspondence received from Judy Devore, dated May 10, 2017.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The site is designated as Commercial on the Comprehensive Plan Land Use Map.
6.3.11 Commercial
Suitable primarily for the development of a wide range of commercial activities including
offices, retail and service establishments. Uses should complement uses within Downtown
Eagle.
• The Zoning Compatibility Matrix provided in Table 6.2 of the Eagle Comprehensive Plan
identifies the Mixed Use (MU) zone as compatible with the Commercial Comprehensive Plan
designation.
• 6.6 Land Use Implementation Strategies:
G. Locate higher -density residential development closest to Downtown Eagle and activity
centers as shown on the Comprehensive Plan Land Use Map.
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N. Promote commercial service and retail development within Downtown Eagle that
contributes to a pedestrian friendly environment.
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.
• Chapter 12 — Community Design
12.4 Implementation Strategies
X. Provide increased residential density along the State Highway 44 and State
Highway 20/26 corridors when accompanied by alternative access plans.
AA. Provide housing opportunities within walking distance of future transit corridors.
HH. Provide a variety of housing opportunities ranging from large lot residential to
multi -family apartment uses.
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.
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.
• 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 Requirements:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Sq. Width I*
Ft.) G And
H*
1MU H35'
1C-2 1135'
20'
0'
20'
0'
17.5'
1°' I
20'
0'
150% 115,000
192%
1,300
• Eagle City Code, Section 8-2A-7: Landscape and Buffer Area Requirements:
B. Landscape As Percent Of Site:
1. Landscaping shall cover a minimum of fifteen percent (15%) of the property on multi-
family residential developments. Hardscape plaza areas, such as decorative concrete/paver
patios that are integrated into the design of the landscaped area, may be included in the
fifteen percent (15%) landscape coverage requirement.
2. Landscaping shall cover a minimum of ten percent (10%) of the property on all other
developments. Hardscape plaza areas, such as decorative concrete/paver patios that are
integrated into the design of the landscaped area, may be included in the ten percent (10%)
landscape coverage requirement.
3. All landscape improvements required in this section shall count toward fulfillment of the
above minimum percentages.
4. If only a portion of a property is being developed, and if the city does not require
improvements on the entire property, improvements to landscape shall continue a
minimum of twenty-five feet (25') (on site) beyond the proposed development.
J. Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to
physically separate and visually screen adjacent land uses which are not fully compatible
due to differing facilities, activities, or different intensities of use, such as townhouses and
a convenience store, or a high volume roadway and residential dwellings.
2. Minimum Requirements:
b. When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6')
high landscaped buffer is required.
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi -family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common
lot located between the residential lots within the subdivision and the right of way line of
the adjacent roadway. This buffer is required as part of the common area open space
owned and maintained by a homeowners' association. Any landscaping proposed to be
within the public right of way shall not be included as a part of the buffer area required
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below. The height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway (measured at the centerline) to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of
way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each
required shade tree may be substituted with two (2) flowering/ornamental trees,
provided that not more than fifty percent (50%) of the shade trees are substituted.
minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If
a decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall is to be provided in combination with the berm, a four foot (4') wide flat area
shall be provided for the placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code, Section 8-4-5: Schedule of Parking Regulations:
Tvne Of Use
.a,
Off Street Parkine Spaces Reauired
Apartments or multi -family dwellings
For each unit with 2 or more bedrooms - 2
including 1 covered; for each 1 bedroom or
studio unit - 1.5 including 1 covered. 0.25
spaces per unit shall be provided for guest
parking. Adjacent on street parking spaces on a
local street may be credited toward the guest
parking requirement
Restaurants and dining rooms
Retail sales and office
1 per 150 square feet of gross floor area; plus 1
per 35 square feet dance floor
1 per 250 square feet of gross floor area
• Eagle City Code, Section 8-7-3-3 Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential development and
enhance the attractiveness of the community (such as trees, watercourses, historic spots and
similar irreplaceable assets) shall be preserved in the design of the development.
• Eagle City Code Section 8-10-1: Development Agreements: Requirements and Restrictions:
A. Purpose: Development agreements are a discretionary tool to be used by the council as a
condition of rezoning. Development agreements allow a specific project with a specific use to
be developed on property in an area that is not appropriate for all uses allowed or conditional
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in the requested zone.
B. Initiation Of Development Agreement:
1. A development agreement may be initiated for the rezoning of a particular parcel of land
or collection of parcels of land through the following methods:
a. On application by the property owner.
b. On recommendation of the zoning administrator.
c. On recommendation of the commission.
d. Required by the council.
2. In the event of a determination by the commission that a development agreement should be
entered into, the commission shall retain jurisdiction of the matter, defer consideration of
the rezone applied for and set a time limit for submittal of the development agreement.
The commission shall then proceed as specified in this section.
3. In the event of a determination by the council that a development agreement should be
entered into, the council shall remand the matter back to the commission for submittal of
the development agreement. The council may direct the commission on remand of the
matter to the commission. The commission shall then proceed as specified in this section.
4. In the event of either of the above, all time limits required by this code may be stayed upon
affirmative vote of the commission or council.
C. Form Of Development Agreement: A development agreement shall be in the form required by
the zoning administrator. No agreement shall be accepted by the zoning administrator which
does not include the following:
1. An affidavit by the owner of the parcel agreeing to submit the parcel to a development
agreement.
2. The specific use or uses of the parcel for which the development agreement is sought.
3. The allowed or conditional use in the conditional zone for which application has been
made.
4. A concept plan of the project to be developed on the parcel. The concept plan shall include:
a. A description of the density allowed or sought; and
b. Maximum height, size, and location of any structures on the property.
5. The time required to begin the use on the property.
6. A statement by the owner of the parcel that failure to comply with the commitments in the
development agreement shall be deemed consent to rezone the use to the preexisting zone
or, in the case of an initial zone at annexation, a zone deemed appropriate by the council.
7. Any other matter mutually agreeable to the parties.
C. DISCUSSION:
• The subject property is designated Commercial within the comprehensive plan, as shown on the
Comprehensive Plan Land Use Map, dated February 10, 2015. The Commercial designation pre-
dates the construction of the SH -44 by-pass and the Hill Road re -alignment. Based on the location
of the subject property it was the city's desire at the time to have commercial located within this
area since this property was located within proximity to the intersection of the state highway (now
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East State Street) and Edgewood Lane. Since that time, a comprehensive plan map amendment
and rezone were approved for the property located at the northeast corner of SH -44 and Edgewood
Lane. The comprehensive plan map amendment was from Mixed Use to Commercial and the
rezone was 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]). As part of the approval for the C -2 -DA (General Business District with a development
agreement) retail, financial, and restaurants uses were also approved.
The applicant is requesting a rezone from C-2 (General Business District) to a MU -DA (Mixed
Use with a development agreement) zoning designation to allow for multi -family apartments and
commercial uses to be located within the site. The comprehensive plan Zoning Compatibility
Matrix (Table 6-2) recognizes the MU (Mixed Use) zoning designation as being compatible with
the Commercial land use designation. The applicant is requesting a development agreement be
utilized in lieu of a planned unit development, however, in this case the property is not proposed to
be platted, therefore, the development agreement will be utilized in a lieu of conditional use
permit.
Multi -family dwellings require a conditional use permit within the MU (Mixed Use) zoning
designation. Developments requiring a conditional use permit in the MU (Mixed Use) zoning
district, as shown in Eagle City Code Section 8-2-3, shall occur under the PUD and/or
development agreement process in accordance with chapter 6 or 10 of Eagle City Code. Since the
development agreement for this development is being utilized in lieu of a conditional use permit
findings and conditions usually found within a conditional use permit will be placed within the
rezone findings and associated development agreement.
• The applicant has provided a concept plan, date stamped by the City on March 28, 2017, which
shows nine (9) apartment buildings, thirteen (13) covered parking structures, and three (3)
commercial buildings located within the 9.34 -acre site proposed to be rezoned to MU -DA (Mixed
Use with a development agreement [in lieu of a conditional use permit]). The proposed density of
the site (excluding the commercial area) is 15.7 -dwelling units per acre. The concept plan also
shows a commercial building (labeled "A") located on a separate parcel that is not subject to the
rezone application. The applicant has also submitted a lot line adjustment application (LLA -05-17)
which separates a 15,808 -square foot area of the site from the area proposed to be rezoned to MU -
DA (Mixed Use with a development agreement [in lieu of a conditional use permit]). The 15,808 -
square foot parcel will remain zoned C-2 (General Business District). The concept plan, date
stamped by the city on March 28, 2017, shows the 15,808 -square foot parcel will have a
commercial building located within the parcel.
• The applicant is proposing the buildings to be constructed utilizing a "Prairie School" style of
architecture. The applicant provided building elevations, date stamped by the city on March 28,
2017. The building elevations provided by the applicant are conceptual only and fmal approval of
the architecture of the buildings and the proposed landscaping by the Design Review Board will be
required prior to the issuance of a zoning certificate. The buildings should be designed in
compliance with Eagle City Code Section 8-2A. Permitted architecture styles are specifically those
shown within the Eagle Architecture and Site Design Book (EASD Book). Architecture styles and
building design elements that are not shown within the EASD Book will not be permitted. Final
review and approval of the building architecture, by the Design Review Board, will be required
prior to the issuance of a zoning certificate for construction of the buildings.
• The building elevations, date stamped by the city on March 28, 2017, shows the gabled roof
located over the staircases on building #1-5 is 36'11" in height. The remaining roofline of those
buildings does not exceed 35 -feet in height, which is the maximum height of a structure permitted
pursuant to Eagle City Code Section 8-2-4. A portion of Building #1 located in proximity to the
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north property line is shown to be two -stories (26 -feet) in height. Edgewood Estates Subdivision is
located across the north property line. Edgewood Estates Subdivision consists of single-family
dwellings most of which are single -story. With the exception of one (1) two-story home located
north of the site within Edgewood Estates Subdivision, there are no other two-story structures
located within close proximity to the site. The applicant's proposal to locate two-story structures
in proximity to the north property line is to minimize the impact of the height of multi -family
apartments on the adjacent single-family residences located north of the proposed development.
Also, to be harmonious with the surrounding development, the multi -family structures located
adjacent to Edgewood Lane (Buildings #1-2) should not exceed two -stories (26 -feet) in height to
provide a transition to the buildings that are interior to the site which will be three -stories (37 -feet)
in height. The building elevations show the clubhouse tower to be 39' 1" in height. The applicant is
requesting a height exception to allow for the buildings to be constructed at the requested height as
shown on the building elevations. The proposed building height for the gabled roof associated with
the staircases of buildings #3-5 should not exceed 37 -feet, the remaining roofline should not
exceed 35 -feet in height as shown on the submitted building elevations. The applicant's
representative provided email correspondence, dated April 19, 2017, which indicated they are
removing their request for the clubhouse tower to exceed 35 -feet and proposing the tower to not
exceed 25 -feet in height. The applicant should be required to provide a revised clubhouse
elevation showing the clubhouse tower to not exceed a maximum of 25 -feet in height to match the
adjacent two-story structures. The revised building elevation should be provided prior to submittal
of a design review application. The clubhouse and tower will be subject to design review approval.
The Design Review Board may further limited the height or require removal of the tower, if, in
their determination, such a requirement will provide compatibility with the overall project design
style.
• The concept plan, date stamped by the city on March 28, 2017, shows building #1 and buildings
#6-8, located approximately 42 -feet (building #6) to 92 -feet (building #7) south of the north
property line. Building "1" (as identified on the concept plan, date stamped by the city on March
28, 2017) should be setback 85 -feet from the north property Buildings "6-9" (as identified on the
concept plan, date stamped by the city on March 28, 2017) should be setback a minimum of 42 -
feet from the north property line and should not exceed two -stories (26 -feet maximum).
• The applicant's narrative, date stamped by the city on March 28, 2017, indicates that based on
market conditions, the applicant desires to break ground on the project in September of 2017, and
the project is intended to be completed over a two (2) to three (3) year period and that construction
will be in phases. The applicant should be required to construct the clubhouse and pool with the
first phase of the development.
• The 2040 Long Range Highway and Street Functional Classification Map identifies Edgewood
Lane as a collector. The concept plan, date stamped by the city on March 28, 2017, shows the
buffer area located north of the southern entrance as being 20 -feet in width. The illustrative site
plan and street views, date stamped by the city on March 28, 2017, shows a masonry wall located
within the 20 -foot wide buffer area, however, it does not appear that the masonry wall is five -feet
in height. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a), a 35 -foot wide buffer area with a
minimum five to eight foot (5' to 8') high berm, decorative block wall, cultured stone, decorative
rock, or similarly designed concrete wall, or combination thereof is required between the adjacent
roadway and the residential area of the development. The applicant should provide a revised
concept plan showing the area north of the southern entrance to Edgewood Lane to be a minimum
of thirty-five feet (35') in width for the required buffer area. The buffer area located adjacent to
Edgewood Lane (north of the southern entrance) should be a minimum of 35 -feet in width and
constructed in conformance with Eagle City Code Section 8-2A-7(J)(4)(a) (unless an Alternate
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Method of Compliance application is approved by the Design Review) prior to issuance of a
certificate of occupancy for the first multi -family apartment building.
• The concept plan, date stamped by the city on March 28, 2017, shows a parking area, two (2)
covered parking structures and a drive aisle located adjacent to the north property line of the
development. The buffer area located adjacent to the north property line is 10 -feet in width except
for an area located approximately at mid -point of the property line and that area appears to be
approximately two -feet in width where the driveway curves around a planter area. Pursuant to
Eagle City Code Section 8-2A-7(J)(2)(b), when a parking lot abuts a residential activity, a five foot
(5') wide by six foot (6') high landscaped buffer is required. The width of the buffer located
adjacent to the north property line of the development should be a minimum of five -feet (5'). The
applicant should be required to construct a combination retaining wall/fence along the northern
property boundary that results in an overall height of 8 -feet measured from the base of the
retaining wall on the property and results in a height of approximately 6 -feet measured from the
finished grade of the properties located to the north of the property. Details of the retaining
wall/fence should be submitted for review and approval by the Design Review Board prior to the
issuance of a zoning certificate.
• The concept plan, date stamped by the city on March 28, 2017, shows several pathways providing
interconnectivity throughout the common area located within proximity to the multi -family
apartments. The pathways are shown to be approximately four -feet (4') in width. Although the
applicant is not proposing a subdivision it should be noted that pursuant to Eagle City Code
Section 9-4-1-6(D) Pathway Design, micropathways within subdivisions which are designed for
primary use by the residences of the subdivision shall be a minimum of eight -feet (8') wide,
however, in an area where low volume pedestrian traffic is anticipated, the Council may consider a
reduction in pathway width to six -feet (6'). The subject development is proposed to consist of 131 -
dwelling units and three (3) commercial buildings. The common area also contains the clubhouse
with pool, ponds, a playground, and two (2) BBQs. Based on the amenities located throughout the
common area and the amount of pedestrian traffic that will occur to access the amenities the owner
should construct the pathways located throughout the common area to be a minimum of six feet
(6') in width.
• The proposed setbacks as shown on the concept plan, date stamped by the city on March 28, 2017,
reflects the following setbacks:
Front (west property line) 20 -feet
Side (north property line) 10 -feet
Side (east property line [north]) 0 -feet
Side (east property line [south]) 5 -feet
Side (south property line located across from Building "5") 2 -feet
Structure separation 20 -feet
Maximum coverage 50%
Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the MU
(Mixed Use):
Front 20 -feet
Rear 20 -feet
Interior Side 7.5 -feet (first story)/12.5-feet (second story)
Street Side 20 -feet
Maximum Lot Coverage 50%
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The covered parking structures are the only structures proposed to be located within proximity to
the property lines. The building elevations, date stamped by the city on March 28, 2017, shows the
covered parking structures are an open style structure consisting of support beams with a gabled
roof. The multi -family and the commercial structures, as shown on the concept plan, are in
conformance of the setback requirement associated with the MU (Mixed Use) zoning district. The
subject site is bordered on the east by an irrigation canal (northern 300 -feet), Eagle Industrial
Center, and a contractor's yard, therefore, the location of the covered parking structures as shown
on the concept plan should have no impact on the adjacent properties. Based on the locations of
the covered parking structures in relation to the adjacent uses that the setbacks should be approved
as shown on the concept plan. The setbacks should be as follows:
The setbacks for the covered parking structures shall be as follows (all other setbacks shall be in
conformance with Eagle City Code Section 8-2-4):
Front (west property line) 20 -feet
Side (north property line) 10 -feet
Side (east property line [north]) 0 -feet
Side (east property line [south]) 5 -feet
Side (south property line located across from Building "5") 2 -feet
Structure separation 20 -feet
Maximum coverage 50%
• The applicant has submitted a lot line adjustment to reduce the number of parcels located within
the original site to two (2) parcels. One of the parcels is the subject of this application and the
second parcel (located at the southwest corner of subject parcel) will remain with a C-2 (General
Business District) zoning designation. The concept plan, date stamped by the city on March 28,
2017, shows the second parcel with Building "A" located within the area to remain zoned C-2
(General Business District). The parcel containing Building "A" does not have direct access to
Edgewood Lane. Although it is the applicant's intention to retain ownership of both parcels the
applicant should be required to provide a cross -access agreement to the parcel located adjacent to
the southwest corner of the property. The cross -access agreement should be reviewed and
approved by the City Attorney and shall be executed and recorded prior to the adoption of the
ordinance to rezone the property.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends the approval of a rezone from C-2
(General Business District) to MU -DA (Mixed Use with a development agreement [in lieu of a conditional
use permit]) with conditions to be placed within 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 May 1,
2017, at which time 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
three (3) individuals (other than the applicant/representative) who indicated the following:
• The proposed mixed use development will have less of an impact on the adjacent subdivision than
a commercial development.
• The applicant has worked closely with the adjacent neighbors to address their concerns.
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• The proposed development is designed well and the proposed architecture is attractive.
• The proposed development will contain high-end apartments.
• The proposed development will increase the property values of the adjacent homes since the
homes will not be located adjacent to a commercial development.
• The developer is putting the best design associated with the property forward.
• The proposed development will provide an economic boost to the city.
• The proposed development is in proximity to downtown and will allow residents to walk
downtown.
• An apartment use is quieter than commercial uses.
• The proposed multi -family dwellings will block vehicle noise being generated from SH -44.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by eleven (11) individuals who expressed the following concerns:
• The proposed development is not compatible with the adjacent residential subdivisions.
• The HVAC units associated with the multi -family dwellings will create noise by running
constantly.
• The proposed development will generate substantial traffic which will over burden the adjacent
roads.
• The Ada County Highway District has not adequately addressed all the vehicle trips in the area.
• The intersection located at Edgewood Lane and SH -44 needs to be re -designed to address the
additional traffic.
• The proposed development is not in conformance with the comprehensive plan since, as designed,
it does not protect the city's character. Also, the proposed project does not enhance the entry
corridors to the city since it will be visible from East State Street and SH -44.
• The proposed height of the multi -family dwellings is too high. The project should not exceed two -
stories.
• The proposed buffer area does not provide an adequate transition to the surrounding properties.
• The proposed development does not protect the natural resources located adjacent to the site
(drainage ditch).
• The developer is proposing three story structures based on greed.
• The developer should rezone the property to allow for single-family dwellings similar to Paddy
Row.
• Is there adequate pressure and availability of potable water?
• The developer should be required to protect the creek located adjacent to the eastern boundary of
the site.
• Approving this development will set a precedent to approve future multi -family projects within the
city.
• One individual indicated a concern that these apartments may have subsidized housing for low
income families and this may not be appropriate for the area.
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D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by four (4) individuals. The first individual provided demographic data
regarding multi -family apartment vacancy rates in the Treasure Valley and provided data regarding
renters who may live in the proposed development. The other three (3) individuals expressed the
following:
• The area has experienced growth and open space located adjacent to the existing homes has
disappeared.
• The proposed growth will increase the number of access points to Edgewood Lane.
• Due to the increased growth and the subject application a four-way stop sign should be placed at
Hill Road and Edgewood Lane. The speed limit on Edgewood Lane should be reduced to 25 -mph.
Also, speed bumps should be placed on Edgewood Lane in proximity to the subject property.
• Requested clarification regarding what potential commercial uses are being proposed.
• Concern with the ingress/egress access point to East State Street.
• Concern with the structures being three stories in height.
• The proposed development appears to be high-end apartments.
• The commercial area should be constructed at the same time as the apartments.
• The Eagle Fire Department should review the sidewalk widths being proposed so they may address
access concerns.
COMMISSION DELIBERATION: (Granicus time 3:54:45)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The addition of an apartment complex and commercial uses will add additional traffic to the area,
however, the Ada County Highway District has indicated that the existing infrastructure is sufficient to
handle the additional traffic. If traffic does become an issue at the intersection of Edgewood and East
State Street ACRD will need to address it.
• The downtown area has expanded over the past few years and the proposed density at this location is
appropriate.
• The proposed architecture and quality of the development is commensurate with the standards of the
City of Eagle.
• The height of the proposed building is similar to the height of the senior living facility which has been
located on 2nd Street (behind Albertsons) for 40 years.
• People continue to move to Eagle and the proposed development provides another option for living in
Eagle.
• We do not have the ability to stop growth, however, reviewing applications like this one allows us to
manage growth.
• The project is well designed and it appears that the family who is developing the project will take pride
in how it is designed and will be operated it the future.
• The applicant's representative has taken the necessary steps to address the neighbors' concerns.
• Conceptually the project will fit well with the surrounding area.
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• The applicant is only requesting a height exception for the gabled roofs located over the staircases
which is a minimal portion of the overall structure and is appropriate for this development.
• The pathways providing connectivity between the multi -family apartments and the amenities should be
a minimum of five feet (5') in width.
• The applicant's proposal to match building "2" with building "1" in height and design should be added
as a condition of development.
• The proposed use is compatible with the uses located within the surrounding area.
COMMISSION DECISION:
The Commission voted 3 to 0 (Villegas and Koellisch absent) to recommend approval of RZ-01-17 for a
rezone from C-2 (General Business District) to MU -DA (Mixed Use with a development agreement [in
lieu of a conditional use permit]) for Heron Family Trust, Brett Heron, with conditions to be placed within
a development agreement as provided within their findings of fact and conclusions of law document dated
May 1,2017.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 13, 2017, 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 (other than the
applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by three (3)
individuals who expressed the following concerns:
• The proposed development is not compatible with the adjacent residential subdivisions.
• The proposed development will generate substantial traffic which will over burden the adjacent
roads.
• The proposed development is not in conformance with the comprehensive plan since, as designed,
it does not protect the city's character.
• The developer should rezone the property to allow for single-family dwellings to reduce the
density of the project.
• The central water system in the area does not have adequate pressure to serve the development.
• The proposed Frank Lloyd Wright style of architecture is not compatible with the area.
• Proposed architecture looks similar to a concrete prison.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the City
Council by three (3) individuals. The first individual provided demographic data regarding multi-
family apartment vacancy rates in the Treasure Valley and provided data regarding renters who may
live in the proposed development. The other two (2) individuals expressed the following:
• A concern that the additional development will impact the water pressure associated with the
central water system in the area.
• The proposed development will increase the traffic and impact the adjacent roadways, especially
the intersection of Edgewood and State Streets.
• The property should be rezoned to allow for low density residential.
• The multi -family units should be limited to two -stories in height.
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• Although the project is beautiful the proposed density is too dense for the area.
• Property values of the homes will be impacted due to proposed multi -family development within
the area.
• The design should be modified to provide a transition to the adjacent properties to be in
conformance with the comprehensive plan.
• The applicant should be required to change the architecture to allow for a style of architecture that
is more compatible with the area.
• The Council should delay the decision to allow for additional studies to be conducted.
• The owners are trying to make the project look nice, however, the proposed use does not fit within
the city.
COUNCIL DECISION:
The Council voted 3 to 0 (Soelberg absent) to approve RZ-01-17 for a rezone from C-2 (General Business
District) to MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) for
Heron Family Trust, Brett Heron, 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 design review,
building permits, preliminary and final plat reviews, and/or any conditional use permits, if
applicable, and any other applicable applications as may be required by the Eagle City Code, which
shall comply with the Eagle City Code, as it exists at the time such applications are made except as
otherwise provided within this Agreement.
3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for the Project. As the
Concept Plan evolves, the City understands and agrees that certain changes in that concept may
occur or be required. 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.
3.3 The multi -family residential use shall be a permitted use on the Property. The maximum density for
the Property shall be 15.7 -dwelling units per acre (131 -dwelling units). No residential units shall be
located above the commercial buildings (buildings B -D) as identified on Exhibit "B".
3.4 The following permitted and conditional uses shall be the only allowed uses located within the
Commercial area of the Property as depicted on the Concept Plan:
Permitted Uses:
Arts and Crafts Shows
Artist Studios
Banks/Financial Institutions (no drive -up service)
Beauty/Barber Shop
Catering Service
Childcare (Daycare Center)
Childcare (Family)
Childcare (Group)
Christmas Tree Sales
Church
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Clinic
Commercial entertainment facilities (indoor)
Communication Facilities
Drug Store
Dwelling (Multi -Family)
Electronic Sales, Service, or Repair
Emergency Health Care
Farmer's Market (outdoor)
Food and Beverage Sales
Hardware Store
Health Clubs, Spas, Weight Reduction Salons
Home and Business Services
Home Occupation
Laboratories
Laundromat
Microbrewery
Nursing/Convalescent Home
Office, Business and Professional
Office, Medical and Dental
Parking Lot, Parking Garage
Personal Improvement
Personal Services
Photographic Studio
Printing and/or Blueprinting
Professional Activities
Residential (Apartments and Multifamily)
Restaurant (No drive thru)
Retail Sales (Limited)
Retail Sales (General)
Retail Sales (Pharmacies and Medical)
School Public or Private
Storage (Enclosed building)
Travel Services
Uses Requiring a Conditional Use Permit
Bar
Bed and Breakfast Facility
Club or Lodge
Flex Space
Kennel
Live Entertainment Events
Mobile Office
Nursery, Plant Materials
3.5 The Owner shall submit a Design Review application for the site (as required by Eagle City Code)
and shall comply with all conditions required by the City of Eagle as a part of the Design Review
prior to issuance of a zoning certificate.
3.6 The multi -family dwellings (Exhibits D 1-6) and required parking structures (Exhibit E) consisting
of a "Prairie School" style of architecture represents the Owner's current concept for the project and
are subject to change at the discretion of the Design Review Board. Owner shall submit a design
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review application for the proposed buildings (as required by Eagle City Code) and shall comply
with all conditions required by the Design Review Board and/or City Council prior to the issuance of
a zoning certificate.
3.7 Owner shall provide a clubhouse and pool at a location as generally depicted on the Concept Plan.
The clubhouse tower shall not exceed a maximum of 2335 -feet in height. The clubhouse and tower
shall be subject to the Design Review Board further limiting the height or requiring removal of the
tower, if, in their determination, such a requirement will provide compatibility with the overall
project design style. The clubhouse building architecture and associated landscaping shall be
reviewed and approved by the Eagle Design Review Board prior to the issuance of a certificate of
occupancy.
3.8 Owner shall construct the clubhouse and pool with the first phase of the development.
3.9 The buffer area located adjacent to Edgewood Lane (north of the southern entrance) shall be a
minimum of 3 -528.5 -feet in width and constructed in conformance with
2A 7(J)(1)(a) ur.'E.vu zc:. - . ' - -•... _ . ..•_ _ ... ' -: • ' the berm height of two -feet
(2') with a three-foot (`) wall as shown on the buffer landscape elan date stamped by the city on June
5. 2017. The design review application shall be reviewed and approved by the Design Review Board
prior to issuance of a certificate of occupancy for the first multi -family apartment building.
3.10 The buffer area located adjacent to the north property line of the development shall be a minimum of
five -feet (5') in width. Owner shall provide a landscape plan identifying the planting details within
this area for review and approval by the Design Review Board prior to the issuance of a zoning
certificate.
3.11 Owner shall construct a combination retaining wall/fence along the northern property boundary that
results in an overall height of 8 -feet measured from the base of the retaining wall on the Property and
results in a height of approximately 6 -feet measured from the finished grade of the properties located
to the north of the Property. Details of the retaining wall/fence shall be submitted for review and
approval by the Design Review Board prior to the issuance of a zoning certificate.
3.12 Owner shall construct the pathways located adjacent to the parking areas on the outside perimeter of
the building layout to be a minimum of five feet (5') in width. Pathways connecting the building
entry areas, and the clubhouse, to the above referenced sidewalks shall be a minimum of five feet
(5') in width. The other pathways providing connection to the multi -family dwellings from the five
foot (5') wide pathway shall be constructed to a minimum of four feet (4') in width.
3.13 The setbacks for the covered parking structures shall be as follows (all other setbacks shall be in
conformance with Eagle City Code Section 8-2-4):
Front (west property line) 20 -feet
Side (north property line) 10 -feet
Side (east property line [north]) 0 -feet
Side (east property line [south]) 5 -feet
Side (south property line) 2 -feet
Structure separation 20 -feet
Maximum coverage
50%
3.14 The maximum building height for the gabled roof associated with the staircases of buildings #1-5
shall not exceed 37 -feet, the remaining roofline shall not exceed 35 -feet with the north portion of
building #1 being 26 -feet (as identified on Exhibit "B"). Additimally, a
c partizan o
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3.15 Building "1" (as identified on Exhibit "B") shall be setback 85 -feet from the north property line.
Buildings "6-9" (as identified on Exhibit "B") shall be setback a minimum of 42 -feet from the north
property line and shall not exceed two -stories (26 -feet maximum).
3.16 Upon completion of the project the following shall apply:
(a) Owner shall be responsible for the repair and maintenance of the landscaping, pressurized
irrigation facilities, and amenities, in accordance with Eagle City Code, in perpetuity. The owner
shall also be responsible for the repair and maintenance of all structures and building lighting
located within the Property.
(b) Parking shall only be allowed in the designated parking areas.
(c) Owner shall have the duty to maintain and operate all the drive aisles/parking areas, parking lot
lighting, including the repair and replacement of asphalt and sidewalks.
(d) The storage of recreational vehicles, utility trailers, etc. within the development shall be
prohibited.
3.17 Owner's property shall be annexed into the Eagle Sewer District's service boundaries and shall
comply with all applicable Eagle Sewer District's regulations and conditions prior to the issuance of
any building permits. A letter of approval shall be provided to the City from the Idaho Department of
Health and Welfare, Division of Environmental Quality, and/or Central District Health, prior to
issuance of any building permits.
3.18 Owner shall be required to obtain the proper permit and subsequently abandon the existing septic
system and drainfield located on-site. Upon removal Owner shall provide documentation from
Central District Health Department indicating the septic system and drainfield were properly
abandoned prior to the issuance of a building permit.
3.19 Owner shall provide a cross -access agreement to the parcel located adjacent to the southwest corner
of the Property. The cross -access agreement shall be reviewed and approved by the City Attorney
and shall be executed and recorded prior to the adoption of the ordinance to rezone the Property.
3.20 The landscaped area located at the northeast corner of the Property shall include landscape boulders.
The size. shape. auantitv. color. location. etc.. of the boulders shall be reviewed and approved by the
Design Review Board prior to issuance of a zoning certificate.
3.21 As proposed by the Owner. the Owner shall pipe the irrigation ditch located adiacent to the northeast
corner of the Property. The irrigation ditch shall be piped prior to the issuance of a certificate of
occupancy for the first structure.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-01-17) with
regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the
information provided concludes that the proposed rezone is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU -DA (Mixed Use with a development agreement) is
consistent with the Commercial designation as shown on the Comprehensive Plan Land Use Map
as identified within the Zoning Compatibility Matrix (Table 6.2);
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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
the proposed multi -family apartment and commercial uses on the property under the proposed
zone;
c. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the R-4 (Residential) zone and land use to the north since that
area is developed with a residential subdivision and the applicant will be required to provide a
buffer located adjacent to the residential subdivision;
d. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the C-2 (General Business District) zone and land use to the
south since that area is developed with commercial businesses and a light industrial park and the
applicant is proposing commercial uses to be located within a portion of the southern end of the
subject site and the remaining southern portion of the subject site will contain parking garages
located adjacent to the property line;
e. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the C-2 (General Business District) and R-4 (Residential) zones
and land uses to the east since that area is developed with a light industrial park located within the
C-2 (General Business District) zone and a large drainage ditch is located within the R-4
(Residential) zoned area which provides a buffer to the adjacent residential lot located within
Randall Acres Subdivision No. 15;
f. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the C-2 (General Business District) zone and land use to the west
since that area is developed with commercial uses (restaurant with bar and limited industrial
buildings);
The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan; and
h. No non -conforming uses are expected to be created with this rezone since the existing residential
dwellings and accessory structures have been removed.
2. The Council reviewed the particular facts and circumstances of this proposed development agreement
in lieu of a conditional use permit, and based upon the information provided concludes that the
proposed development is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City
Code Title 8) since multi -family dwelling and a height exceptions may be permitted in the MU
(Mixed Use) zoning district if a conditional use permit is approved by the City Council; and
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). The
Comprehensive Plan contains policies that encourages increased residential density in proximity to
State Highway 44, provide housing opportunities within walking distance of future transit
corridors, and provide a variety of housing opportunities ranging from large lot residential to
multi -family apartment uses. Pursuant to Eagle City Code Title 8 Zoning, multi -family dwellings
and height exceptions are permitted with the approval of a conditional use permit within the MU
(Mixed Use) zoning district;
g.
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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. The Commission determined the height exception to 37 -feet associated with the
gabled roofs located over the staircases of the multi -family dwellings should be granted since it is
only a small portion of the overall structure and the roofs provide for an architectural feature
associated with the overall design of the structures. Also, the buildings located within proximity of
the residential subdivision are limited to 26 -feet in height;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since rezoning the
property from C-2 (General Business District) to MU -DA (Mixed Use with a development
agreement [in lieu of a conditional use permit]) will eliminate the more intensive commercial
designation and replace it with a residential use that is more compatible with the residential uses
located in proximity to the site. The multi -family dwellings located adjacent to the residential
subdivision to the north are limited to be no more than two -stories (26 -feet) in height to not be an
impact to the adjacent residences;
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. All central services are either available to the site or will be conditioned herein,
as noted within the letters provided by the agencies having jurisdiction over the site. Also,
development of sewer, water, drainage, and other urban services will be provided at the
developer's expense. The site is bordered by and has access to two (2) residential collectors
(Edgewood Lane and East State Street); and
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 site will be served
with central sewer from the Eagle Sewer District and will use public water to be served from the
Eagle Water Company. Fire protection will be provided by the Eagle Fire Department and fire
hydrants will be provided where required. Also, the public utilities and services interior to the site
will be provided by the developer and must be approved at the time of installation and before
acceptance by the utility companies and highway district;
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 applicant is proposing a multi-
family residential/commercial development and ACHD has indicated that the collectors located
adjacent to the site have sufficient capacity for traffic from the development;
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 proposed uses and access points have
been reviewed and approved by the Ada County Highway District; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance. The property contains areas that are located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan, however, the floodway and riparian areas are going
to remain in their natural state; and
3. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit (development agreement in lieu of a
conditional use permit) shall not be considered as establishing a binding precedent to grant other
conditional use permits.
Page 22 of 23
K:\Planning Dept\Eagle ApplicationsURZ&A\201 TRZ-01-17 Heron's Edge ccf.doc
DATED this 27th day of June, 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
AdaCqunty, Ida
Stan Ridgeway, ayor
ATTEST:
K
Sharon K. Bergmann, Eagle Ci , Clerk
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Page 23 of 23
K \Planning Dept\Eagle Applications RZ&A\20l7\RZ-01-17 Heron's Edge ccf doc