Findings - CC - 2023 - A-11-22 & RZ-13-22 - Annexation and Rezone from RUT (Rural-Urban Transition-Ada County Designation) to MU-DA (Mixed-Use with a Development Agreement [In Lieu of a Conditional Use Permit]) BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT(RURAL-URBAN TRANSITION— )
ADA COUNTY DESIGNATION)TO MU-DA )
(MIXED-USE WITH A DEVELOPMENT )
AGREEMENT [IN LIEU OF A CONDITIONAL )
USE PERMIT])FOR WEST OLD VALLEY LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-11-22&RZ-13-22
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on July 25,2023,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:
West Old Valley, LLC, represented by Nicolette Womack with Kimley-Horn, is requesting an
annexation with rezone from RUT(Rural-Urban Transition—Ada County designation)to MU-DA
(Mixed Use with a development agreement [in lieu of a conditional use permit]) for a retail and
flex space mixed use development.The 7.97-acre site is located at the northeast corner of West Old
Valley Road and North Linder Road at 4526 and 4648 West Old Valley Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 4648&4526 W.Old Valle Road,Eagle,on Tuesday
May 24,2022,at 6:00 PM,in compliance with the application submittal requirement of Eagle City
Code.The applications for this item were received by the City of Eagle on September 12,2022.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on February 17,2023. Notice of this public hearing was mailed to property owners in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
February 17, 2023. The site was posted in accordance with the Eagle City Code on February 24,
2023.Requests for agencies'reviews were transmitted on September 26,2022,in accordance with
the requirements of the Eagle City Code.
Notice of Public Hearing on the applications for the Eagle City Council was published in
accordance with the requirements of Title 67,Chapter 65,Idaho Code and the Eagle City Code on
July 7,2023. Notice of this public hearing was mailed to property owners in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 7,2023. The site
was posted in accordance with the Eagle City Code on July 15,2023.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:N/A
E. COMPANION APPLICATIONS:All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use RUT(Rural-Urban Transition Single-Family Residential
—Ada County designation)
Proposed No Change MU-DA(Mixed Use with a Commercial Flex Space
development agreement)
North of site Commercial C-1-DA(Neighborhood Under development for a
Business with a development mixed use residential and
agreement) commercial project
South of site Mixed Use RUT(Rural-Urban Transition Single Family Residential
—Ada County designation) and Commercial Nursery
East of site Mixed Use RUT(Rural-Urban Transition Single Family Residential
—Ada County designation) (Benmor Subdivision)
West of site Mixed Use MU-DA(Mixed Use with a Multi-Family Residential
development agreement) (Clara Apartments)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA,or DSDA.
H. TOTAL ACREAGE OF SITE: 7.97 acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See narrative attached
to staff report.
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The applicant is proposing to connect to existing central water and sewer services. The property
will receive fire protection from the Eagle Fire Department and police protection from the Eagle
Police Department.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map exists.
L. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—Yes,see tree inventory attached to staff report
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
M. NONCONFORMING USES:None.
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N. AGENCY RESPONSES:
The following agencies have responded,and their correspondence is attached to the staff report.
Ada County Highway District
Ballantyne Ditch Company
Community Planning Association of Southwest Idaho
Eagle Fire District
Eagle Sewer
O. LETTERS FROM THE PUBLIC(attached to the staff report):
Correspondence received from Tim Fease and Kathy Ellensohn,date stamped by the City on June
7,2023.
P. FISCAL IMPAT ANALYSIS:
See the FIA and applicant provided data table attached to staff report.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map designates this site as Mixed Use:
Suitable for a mixture of uses including limited office,limited commercial,and residential.
Residential densities within the designation are up to 20 units per acre but density will be determined
on a site by site basis.Uses should complement and not take away from downtown Eagle.
Development within this land use designation should be required to proceed through the PUD and/or
development agreement process. See the planning area text for a complete description of site specific
uses.
6.5 PARK LANE PLANNING AREA
The Park Lane Planning Area is designated as mixed-use combining community commercial,
professional office,and a variety of residential densities. The vision for the area is to formalize an
activity center by Eagle High School and the existing residential development in the area. The goal is
to establish a neighborhood center/node with pedestrian scale design and access to the future transit
along State Highway 44.The following land use and development policies are specific to the Park
Lane Planning Area.
6.5.1 PARK LANE USES
A.The area located along Old Valley Road should be a mixture of residential and Professional Office
with Limited Service Commercial.All uses along Old Valley Road should be designed to be oriented
to take access from Old Valley Road and to encourage pedestrian movement through the area.
6.5.2 PARK LANE DESIGN
A. Old Valley Road Area
a. The development of this area should be designed to focus on the existing old Valley Road
and bring activities and uses closer to the road,creating a pedestrian friendly area that
encourages walking as well as auto traffic.
b. The Old Valley Road area should include pedestrian amenities such as street trees,benches,
and sidewalks.
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c. Common parking areas at the side of buildings and joint parking agreements should be
encouraged to minimize walking distances between buildings and provided pedestrian scale
to the area.
d. On street parking should be encouraged where sufficient right of way is available.
e. Formalized river access should be encouraged providing access to the river and the extension
of the Boise river Greenbelt.
6.5.3 PARK LANE ACCESS/CONNECTIVITY
A. Access to and through the area should be limited to existing roadways(Old Valley Road); direct
access from State Street/Hwy 44 should not be permitted.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 8-2-1: DISTRICTS ESTABLISHED,PURPOSES AND RESTRICTIONS:
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.
• 8-2-3: SCHEDULE OF DISTRICT USE REGULATIONS:
Land Uses Districts
A A-R R-E R L-O C-A C-t C-2 C-3 CBD M-t BP M-2 M-3 PS MU
- Printing and/or blueprinting PPP P PP P
Professional activities P PPP P P P
Restaurant(drive-in) P P
Peata -ant(no drive-through) C C PPP P P
__.' sr. r:reaghi C C C
retail sales(general) C PPP P C
Seta]sales(limited) P PPP P C
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• 8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS
Zoning District Maximum Height Minimum Yard Setbacks Ma imum Lot Covered F Minimum Lot Area Minimum Lot WWI P
Note Conditions A To E• And J. (Acres Or Square Feet)N'
Front Rear Interior Street Side
Side
C-2 35' a 0' 0' a 92% 1.300 25
C-3 35' 0' 0' a 0' 92% 1,300 25'
CBD 35' 0' 0' 0' 0' 92% 500 25'
M-1 35' 0' 0' a 0' 92% n/a 25'
BP 35' 20' 0' a 20' 50% n/a 25'
M-2 35' 0' 0' a 0' 924° n/a 25'
35' 0' 0' a a 92°.° n/a 25'
35' 20, 2a 7.5' 20' oC 5 C00 50'
• 8-4-3: DESIGN AND MAINTENANCE:
A. Paving:The required number of parking and loading spaces as set forth in this chapter,together
with driveways, aisles and other circulation areas, shall be improved with material such as
asphalt or concrete,to provide a durable and dust free surface. Gravel or dirt surfaces shall not
be permitted unless used as part of a home occupation.
B. Drainage: All parking and loading areas shall provide for proper drainage of surface water to
prevent the drainage of such water onto adjacent properties or walkways. Drainage plans shall
be reviewed and approved by the city engineer and, for any site abutting a public street, such
plans shall be reviewed and approved by the Ada County highway district, or highway district
having jurisdiction.
C. Access: Access driveways for parking areas or loading spaces shall be located in such a way
that any vehicle entering or leaving such area shall be clearly visible by a pedestrian or motorist
approaching the access or driveway from a public or private street.
D. Maintenance: The owner of property used for parking and/or loading shall maintain such area
in good condition without holes and free of all dust,trash and other debris.
• 8-7-3-1: PURPOSE AND INTERPRETATION OF CONDITIONAL USE:
Exceptions or waivers of standards within Title 8 or Title 9, other than use, inclusive of the
subject matter addressed by Section 8-7-4-2 or Section 9-6-3 "Variances"may be permitted
through issuance of a conditional use permit.
• 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular-facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will,in-fact,constitute a conditional use as established in Section 8-2-3 of this title(Eagle City
Code Title 8)for the zoning district involved,or section 8-7-3-1 (C)of this chapter,or as may
otherwise be established by this title;
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);
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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;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons,property or the general welfare by reason of excessive
production of traffic,noise, smoke, fumes,glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction,loss or damage of a natural,scenic or historic-feature of major
importance.
• 8-10-1: 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
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:
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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 may 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 applicant is requesting to annex and rezone the site with the intent of constructing fourteen
(14) flex buildings, varying between 3,750 and 6,625 square feet respectively. The mixed-use
buildings are broken up as 50%business office space(40,250 square feet),35%retail space(28,175
square feet), and 15% restaurant space (12,075 square feet). Flex, office, and restaurant uses are
directly permitted within the Mixed-Use zone,however,retail space is conditionally permitted.
• As part of the development agreement in lieu of a Conditional Use Permit, the applicant is
requesting that retail uses be permitted The comprehensive plan envisions limited retail within the
Park Lane Planning Area,therefore,the owner should be restricted to no more than 28,175 square
feet of limited retail space within the development.
• Because the site is commercial and not residential, no buffer lots are required along either street
frontage.However,a landscaped buffer a minimum of ten feet(10')wide by 6 feet high is required
along the easterly property line to screen the residential property from the site as required by ECC
8-2A-7-J.
• The applicant is proposing a ten foot (10') wide detached sidewalk along the State Highway 44
frontage and a six foot(6")wide detached sidewalk along the Old Valley frontage, in compliance
with the Eagle Pathways and Trails Master Plan.
• Per Eagle City Code,one parking space is required per 250 square feet of office space, 150 square
feet of restaurant space,and 250 square feet of retail space.Based on the square footages proposed
by the applicant, 355 parking spaces are required. The site design includes 357 parking spaces,
including ten(10)ADA spaces.
• The Park Lane Planning area in the 2017 Eagle is Home Plan states all uses along Old Valley Road
should be designed to be oriented to take access from Old Valley Road and to encourage pedestrian
movement through the area. Therefore, the owner shall provide two additional sidewalk
connections between the sidewalk along Old Valley Road and the internal sidewalk; one near the
southeast corner and one near the mid-point of the site, prior to submittal of a Design Review
application, to better facilitate pedestrian movements between Old Valley Road and internal the
development.
• The site is currently comprised of two separate parcels. A Lot Line Adjustment application shall
be submitted to and approved by the City prior to issuance of a building permit to remove the lot
line between the two parcels to ensure that no individual building is bisected by a lot line.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on March
6,2023,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 applications was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission
by nine(9) individuals who expressed concerns regarding the following:
• The traffic impact to the neighborhood road.
• The effects on wildlife and the raising of large animals within the immediate area.
• The lack of compatibility with the existing residential character of the neighborhood.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that while the project is
well designed and meets the vision of the Comprehensive Plan, it is not harmonious with the existing
character of the area, lacks appropriate access for the increased traffic demand, and does not preserve
Eagle's unique character.
COMMISSION DECISION:
The Commission voted 3 to 1 (Guerber absent) to recommend denial of A-11-22 & RZ-13-22 for an
annexation and rezone from RUT(Rural-Urban Transition—Ada County designation)to MU-DA(Mixed
Use with a development agreement in lieu of a conditional use permit),as provided within their findings of
fact and conclusions of law document,dated April 3, 2023.
PUBLIC HEARING OF THE COUNCIL (Public Hearing Audio/Video Record https://eagle-
id.granicus.com/player/clip/1765?meta_id=85725):
A. A public hearing on the applications was held before the Eagle City Council on July 25,2023,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 applications was presented to the City Council by no one(not including
the applicant/representative).
C. Oral testimony in opposition to the applications was presented to the City Council by eight (8)
individuals who indicated concerns with the following:
• Old Valley Road is too narrow to accommodate the additional traffic creating a negative impact on
the neighborhood.
• The applicant should be required to provide additional open space.
• There are other commercial sites which have not been developed located in proximity to this
proposed development.
• The proposed site is designed to have the backs of the buildings facing Old Valley Road. The
buildings should be orientated to face Old Valley Road.
• The applicant should be required to provide a buffer to the adjacent property.
• The development should be redesigned to address the neighbor's concerns.
• The proposed development will have an adverse impact on wildlife located within the area.
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• The applicant should be required to reduce the proposed building square footage.
• The applicant should be required to provide direct access to State Highway 44.
COUNCIL DECISION:
The Council voted 3 to 1 (Pike against)to approve A-11-22&RZ-13-22 for an annexation and rezone from
RUT (Rural-Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development
agreement [in lieu of a conditional use permit]) with the following staff recommended conditions of
development to be placed within a development agreement with underline text to be added by the Council:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development
Agreement. Further, the Owner will submit such applications regarding floodplain development
permit review,design review,preliminary and fmal 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 with this Agreement.
3.2 The Concept Plan(Exhibit B)represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan,notice shall be provided as may be required by the City.
3.3 A landscaped buffer a minimum of ten feet(10')wide by 6 feet high is required along the easterly
property line to screen the residential property from the site as required by ECC 8-2A-7-J.
3.4 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s)shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
3.5 To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to
install fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan.Upon
completion of the installation of the municipal fiber-optic conduit lines,the applicant shall provide
GIS coordinates of the locations of the municipal fiber-optic conduit lines.The municipal fiber-optic
conduit lines shall be installed, GIS coordinates provided, and the fiber-optic conduit lines shall be
dedicated to the City prior to the City Clerk signing the final plat.
3.6 The applicant shall adhere to all requirements of the Ada County Highway District,including but not
limited to approval of the drainage system,curbs,gutters,streets and sidewalks.
3.7 A Lot Line Adjustment application shall be submitted to and approved by the City prior to issuance
of a building permit to remove the lot line between the two parcels.
3.8 The owner shall provide two additional sidewalk connections between the sidewalk along Old Valley
Road and the internal sidewalk;one near the southeast corner and one near the mid-point of the site,
prior to submittal of a Design Review application.
3.9 Setbacks,lot coverage,and building height shall be in compliance with Eagle City Code.
3.10 Owner shall complete the Design Review process for the site as required by Eagle City Code showing
at a minimum the following as applicable: 1) proposed development signage, 2) planting details
within the proposed and required landscape islands and all common areas throughout the
development,3)elevation plans for all proposed common area structures,4)useable amenities such
as picnic tables,covered shelters,benches,gazebos,bike racks,and/or similar amenities,5)elevations
of all buildings,6)screening of all mechanical elements,and 7) screening of the trash and recycling
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receptacles . The design review application shall be reviewed and approved by the Eagle Design
Review Board prior to commencing construction of the applicable structure(s).
3.11 The Property as depicted on the Concept Plan is to be developed with a combination of office,retail,
and restaurant uses. The Property can be developed and used consistent with the Mixed Use Land
uses allowed by Eagle City Code Section 8-2-3 "Official Schedule of District Regulations",existing
at the time a design review application or conditional use permit application(whatever the case may
be)is made for individual building use.
All uses shown as"P"permitted under the MU zoning designation within the Eagle City Code Section
8-2-3 shall be considered permitted uses and all uses shown as "C"conditional uses under the MU
zoning designation shall require a conditional use permit,except as provided herein.
Retail uses are shown as"C"conditional uses under the MU zoning designation within the Eagle City
Code Section 8-2-3. Retail use on site is permitted but shall not exceed 28,175 square feet and shall
be restricted to"limited retail"uses as defined by the Eagle City Code.
3.12 The sidewalks adjacent to all rights-of-way shall be detached with a minimum eight foot(8') wide
landscape strip as identified in the Concept Plan dated November 3,2022.
3.13 All living trees, if any, that do not encroach upon the buildable area on any lot shall be preserved,
unless otherwise determined by the Design Review Board. A detailed landscape plan showing how
the trees, if any, will be integrated into the open space areas (unless approved for removal by the
Design Review Board)shall be provided for Design Review Board approval prior to issuance of any
building permits.
3.14 Provide a license agreement with ACHD and ITD approving any landscaping and/or sidewalks
located in the public right of way abutting the northern, western, and southern boundaries of the
Property prior to issuance of any building permits.
3.15 The owner shall provide construction drawings for all sidewalks and pathway improvements for
review and approval prior to issuance of the first building permit.
3.16 Owner shall include a sidewalk along the southern frontages of buildings 10-14 and design the
elevations for these units to orientate towards Old Valley Road prior to submittal of a design review
application.
3.17 The Owner shall enter into a Traffic Mitigation Agreement to address the required Idaho
Transportation Department improvements. The Owner shall be required to provide a copy of the
executed Idaho Transportation Department Traffic Mitigation Agreement to the City prior to issuance
of a zoning certificate for the first structure.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-11-22&RZ-13-22)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:
1. The requested zoning designation of MU-DA(Mixed Use with a development agreement[in lieu
of a conditional use permit]) is consistent with the Mixed Use designation as shown on the
Comprehensive Plan Land Use Map;
2. 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 uses on this property under the proposed zone;
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3. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the C-1-DA (Neighborhood Business with a development
agreement)zone and land use to the north since that area is approved for development of a mixed
use retail and flex space project;
4. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the RUT (Rural-Urban Transition — Ada County designation)
zone and land use to the south since the area located adjacent to Old Valley Road may be developed
in a similar manner;
5. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a conditional use
permit])zone is compatible with the RUT(Rural-Urban Transition—Ada County designation)zone
and land use to the east since the applicant is required to provide a buffer between the proposed
development and the existing residential use on the property. Also,the adjacent property may be
developed in a similar manner in the future;
6. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a conditional use
permit])zone is compatible with the MU-DA(Mixed Use with a development agreement [in lieu
of a conditional use permit]) zone and land use to the west since that area is located across a
principal arterial(Linder Road)and contains multi-family dwellings (Clara Apartments);
7. The land proposed for rezone is not located within a"Hazard Area"and"Special Area"as described
within the Comprehensive Plan;
8. No nonconforming uses are expected to be created with this rezone;
2. The Council reviewed the particular facts and circumstances of this 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 limited retail may be permitted in the MU-DA(Mixed Use with a development
agreement [in lieu of a conditional use permit]) zoning district if a conditional use permit is
approved by the City Council;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title(Eagle City Code Title 8) since there are no
inconsistencies with the Comprehensive Plan and limited retail is permitted with the approval of a
conditional use permit with the MU-DA(Mixed Use with a development agreement [in lieu of a
conditional use permit])zoning district and the Comprehensive Plan designates this site as Mixed
Use;
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 the adjacent properties to the east and south
may be developed in a similar manner and the applicant is required to provide a buffer between the
building located in proximity to the east property line and the adjacent property to the east. Also,
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 north and west property lines
are located adjacent to a principal arterial;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the property is
bordered by two(2)sides by principal arterials(North Linder Road to the west and State Highway
44 to the north),a collector(Old Valley Road to the south). The applicant is required to provide a
buffer to be located adjacent to the east property line;
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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, streets, and other urban services will be provided at the
developer's expense. The design of the buildings and access roads will be reviewed and approved
by the Eagle Fire Department prior to issuance of a building permit;
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 Veolia
Water of Idaho. Fire protection will be provided by the Eagle Fire Department and fire hydrants
will be provided where required;
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 site is will take access from a
collector(Old Valley Road). There are no uses,activities,processes,materials,equipment,and/or
conditions that will be detrimental to the surrounding properties upon completion of the site work;
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 approach has 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 since the applicant will be required to mitigate for the removal of any trees removed
from the site.
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.
DATED this 8th day of August 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
J. . -rce,Mayor
1i..IIit1Ias
AT EST: E
GL
P
racy E. orn,Eagle City Clerk = 0; a /
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