Findings - PZ - 2000 - PPUD-8-00/CU-21-00 - Multi-Phased Mu Planned Development/33 Acre
D.
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A
PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE
PERMIT FOR CAMILLE BECKMAN COMMERCIAL
INDUSTRIAL PLANNED UNIT DEVELOPMENT
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PPUD-S-OO/CU-21-00
The above-entitled planned unit development preliminary development plan and conditional use
permit applications came before the Eagle Planning and Zoning Commission for their
recommendation on January 30, 2000. The Eagle Planning and Zoning Commission, 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:
Camille Beckman, represented by Chris Korte with Land Dynamics, is requesting
planned unit development preliminary development plan and conditional use
approval for a multi-phased mixed use planned development with uses including
manufacturing, production, packaging, and office facilities, English cottage style
shops, showrooms, bed and breakfast accommodations, gardens, amphitheater and
other similar uses. The 33-acre site is located on the south side of State Highway
44 and east of the intersection with Park Lane.
B.
APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on November
22,2000.
C.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter
65, Idaho Code and the Eagle City ordinances on December 30, 2000. 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 December 26, 2000. Requests
for agencies' reviews were transmitted on November 27,2000 in accordance with
the requirements of the Eagle City Code.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 21, 2000, the City of Eagle approved a rezone for this site to MU-DA
(Mixed Use with Development Agreement).
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E.
COMPANION APPLICATIONS: DR-Ol-OI
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Mixed Use MU-DA (Mixed Use VacantJPasture
with Development
Agreement)
Proposed No Change No Change Multi-phased
Commercial/ Industrial
planned development
North of site Residential One (up to A-R (Agricultural ResidenceslPasture
one dwelling unit per acre Residential)
max.)
South of site Residential One (up to RT (Residential) Ada Resi dencelPasture
one dwelling unit per acre County Designation
max.)
East of site Publici Semi-Public & PS (Public/ Semi- Two Residences
Residential One (up to Public) & RT
one dwelling unit per acre (Residential) Ada
max.) County Designation
West of site Residential One (up to RT (Residential) Ada ResidenceslPasture
one dwelling unit per acre County Designation
max.)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 33
Total Number of Lots-
One parcel to be developed under single ownership as a mixed industrial
/commercial planned development.
Total Number of Residential Units -
No residential uses are proposed with this portion of the planned development.
The "duplex" lots shown on the concept plan are proposed to be submitted in the
future as Phase 4 of the PUD. An amended PUD application which will go
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through the public hearing process will be required for this phase.
Total Acreage of Any Out-Parcels - 0
Total Building Area: 104,340 square feet +/-
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre N/a N/a
Minimum Lot Size 33-acres (1,437,480 sq. ft.) MU Zone - 7,000 sq. ft.
Minimum Lot Width 1,320-feet (approx.) MU Zone - 50-feet
Minimum Street Frontage N/a N/a
Percent of Site as Common Area 58% (approx.) 10% (minimum)
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The applicant is proposing a 30-foot to 50-foot wide (average) landscape buffer
area with berm along the portion of the site abutting State Highway 44. The
applicant will be required to submit a master landscape plan (showing sidewalks,
pathways, plaza areas, landscape screening, fences, etc.) for review and approval
by the Design Review Board.
Also, landscape plans for individual pad sites within this development will be
required to be reviewed and approved by the Design Review Board as a part of the
individual building design review application process.
Open Space:
Eagle City Code Section 8-2A- 7 (B)(2) requires a minimum area of ten percent
(10%) landscape coverage for commercial developments, however, the
development agreement which was approved with the rezone for this site shows
significantly more landscaping. In addition, minimum landscape requirements
will need to be complied with upon review of individual design review
applications for the site. The applicant is providing approximately fifty-eight
percent (58%) of land for the landscape areas within the site.
Storm Drainage and Flood Control:
Plans and calculations prepared by a registered professional engineer are required
to be submitted to accommodate the satisfactory disposal of all storm drainage on
the applicant's site. Drainage system plans shall be submitted to the City
Engineer for review and approval prior to the issuance of any building permits or
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certificate of occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the
drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to issuance of any
building permits or Certificate of Occupancy, whichever occurs first. The lot
shall be so graded that all runoff runs either over the curb, or to the drainage
easement and no runoff shall cross any lot line onto another lot except within a
drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet
wide.
Cross Access:
None Proposed.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - no
Preservation of Existing Natural Features:
Staff observed numerous mature trees existing on the site. Design Review Board
approval is required prior to the removal of any trees from the site.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be
required to be preserved. If during excavation or development of the site any
historical artifacts are discovered, state law requires immediate notification to the
state.
J.
STREET DESIGN:
Private or Public Streets:
No new streets are proposed within this site.
proposed for the interior of the site.
Commercial driveways are
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': N/a
Cul-de-sac Design: N/a
Sidewalks:
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A 6-foot wide meandering concrete sidewalk is proposed along the northern
portion of the site abutting State Highway 44.
Curbs and Gutters:
Curbs and gutters located in the public right-of-way are to be constructed in
accordance with the requirements of the Ada County Highway District and the
Idaho Transportation Department.
Lighting:
Lighting for the parking areas is required. Location and lighting specifications
shall be reviewed and approved by the Design Review Board prior to the issuance
of any building permits for the site.
Street Names: N/a
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways and Bike Paths:
Walkways are planned within the site to provide pedestrian access to the various
uses proposed within the site.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes (lOO-year) - development is not proposed within this portion of the site
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: Boise River traverses through southwest comer of the site
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife - yes
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF
REQUIRED): Not required since no portion of the site within the 1O0-year
floodplain is proposed for development.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
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Comments that appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Q.
LETTERS FROM THE PUBLIC:
None received to date.
R.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
As noted within the applicant's justification letter:
The present plan consists of three (3) phases:
Phase I: Construction of the manufacturing and office facilities to house
Camille-Beckman's current manufacturing and office operation. Weather
permitting, this phase should start within six (6) months after receiving the
approval of City of Eagle Planning and Zoning and other necessary
permits.
Phase ll: Construction of the Gardens, shops, and Art Gallery. As this
phase involves development and construction of gardens, it takes longer to
complete. Initial part of this phase will start toward the end of phase I and
continue thereafter. Due to the nature of the gardens, we expect this phase
may take up to three (3) years at which time the art gallery, retail shops,
tea room, and restaurants will be ready to start operation.
Phase ill: Construction of the Bed & Breakfast and associated facilities.
Depending on feasibility of the project at that time, the Bed & Breakfast
unit should start at the end of phase II or shortly after (approximately 5
years from start of phase I) and be completed within the standard time
required to accomplish this type project.
Post Phase IV; The owners have a vision for additional development to
enhance this project. As this involves longer term plan, beyond 7-10
years, the details of this plan will be submitted for approval at an
appropriate time in the future.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT
PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
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2. That the development be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of the
general vicinity and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future
neighborhood uses.
4. That the development does not involve uses, activities, processes, materials, equipment,
and/or conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or
odors.
5. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water
and sewer, and schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be
provided in a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference
with traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural,
scenic or historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the
general objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the
general objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the
surrounding area for this proposed development justifies any proposed deviation from any
standard district regulations.
In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to,
fire protection, police protection, central water, central sewer, road construction, parks
and open space, recreation, maintenance, schools and solid waste collection.
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14. That an estimate of the public service costs to provide adequate service to the
development has been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if
the cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
For a request of up to 10% of the gross land area to be directed to uses other than
residential (ie; commercial, industrial, public and quasi public uses that are not allowed
in the land use district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
In cases where an increase in residential density of up to 15% of the allowable number of
dwelling units is requested:
22. LANDSCAPING - For up to 5%
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use
of existing landscape, pedestrian way treatment, and recreational areas, incorporated into
this development, exceed that of a non PUD development.
23. SITING - For up to 5%
That the quality of the designs for visual focal points, use of existing features such as
topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular
circulation pattern, physical environment, variation in building setbacks, and building
grouping (such as clustering), incorporated into this development, exceed that of a non
PUD development.
24. DESIGN FEATURES - For up to 5%
That the quality of the designs for street sections, architectural styles, harmonious use of
materials, parking areas broken by landscaping features, and varied use of housing types,
incorporated into the development, exceed that of a non PUD development.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
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A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 5 - Economic Development
5.5
Implementation Strategies
f. New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural residential
identity.
h. Promote additional employment opportunities and expand the economic base
by a) encouraging growth and expansion of existing businesses and industry
and b) attracting additional business and industry so residents will be provided
with adequate commercial services and facilities.
Chapter 9 - Parks, Recreation and Open Space
9.5
Pathways and Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the
Boise River and Dry Creek) and are designed to prevent undesirable encroachment.
Greenbelts may include pathways and/or bike lanes.
9.5.1
Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2
Objectives
a.
To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b.
To provide a network of central and neighborhood paths where residents
are able to safely access and utilize pathways for alternative forms of
transportation.
c.
To create and preserve pathway corridors in public and private lands
within the Eagle foothills for nonmotorized multi-use.
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9.5.3
e.
All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
h. Acquire pathway easements on the north side of the North Channel.
Implementation Strategies
f.
Prioritize greenbelt and pathway development: 1) greenbelt/pathway
system along the Boise River; 2) greenbelt/pathway system along the Dry
Creek; 3) corridor preservation along future planned pathways and
irrigation features; and 4) road crossings.
Chapter 11 - Special Areas and Sites
11.2
Recognized Special Areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological
and scenic significance. The area comprises the two channels of the Boise River
and intervening and immediately adjacent areas as generally depicted on the
Comprehensive Plan Land Use Map.
Chapter 12 - Community Design
12.2
12.3
12.4
Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents
to Eagle. City entryways include State Highways 44 (State Street and Alternate
Route) and 55 (Eagle Road). These entrances with their landscaping (or lack
thereof), commercial signage and building character provide the first, and
oftentimes the most lasting impressions of the entire community. The City of
Eagle has the responsibility to guide development and redevelopment that occurs
along these entryway corridors.
Implementation Strategies
c. The floodway shall be reserved as a natural state such as a greenbelt, wildlife
habitat, and open space recreational area and for agricultural uses.
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--------------- u_--- ~-----_u_--~-- --
1. Buffer and transition zones should be developed between conflicting types of
land use.
1. Encourage the development of pathways and open space corridors throughout
the City.
.
LAND USE MAP - MIXED USE - All of this site is within the area designated as Mixed
Use.
.
TRANSPORTATION / PATHWAY NETWORK MAP # 1- This map show a proposed
pathway along the Boise River adjacent to this site.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
The zoning of the site is MU-DA (Mixed Use with Development Agreement). The
development agreement requires that uses and conditions of development for this site are
to be established with this Planned Unit Development application.
.
ECC Section 8-2A-6 (A)(I)
Site Design Objectives: The site plan design shall minimize impact of traffic on
adjacent streets, provide for the pedestrian, and provide appropriate, safe parking
lot design. Special review items should include:
a. The functional relationship of the structures and the site in relation to its
surroundings;
c. The site layout with respect to separation or integration of vehicular,
pedestrian and bicycle traffic patterns;
e. The location, arrangement and dimensions of truck loading ramps,
docks, and bays and vehicle service facilities;
1. The provision of safe pedestrian and bicycle connections between
neighborhoods and commercial areas.
.
ECC Section 8-2A-6 (A)(2)(d)
The installation of sound and sight buffers, the preservation of public views, light
and air, and the consideration of those landscape aspects of design which may
have substantial affects on neighborhood development, land uses, and amenities.
.
ECC Section 8-2A-6 (A)(7)(a)
All spires, poles, antennas, steeples, towers, and any other such structures shall be
limited to a maximum of thirty five feet (35'). Additional height may be permitted
if a conditional use permit is approved by the City Council.
.
ECC Section 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
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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.
.
ECC Section 8-6-5-1 (C) states in part,
Minimum Area: A PUD for the following principal uses shall contain an area of
not less than ten (10) acres for commercial use.
.
ECC Section 8-6-5-5: ARRANGEMENT OF COMMERCIAL USES:
The plan of the project shall provide for the integrated and harmonious design of
buildings, and for adequate and properly arranged facilities for internal traffic
circulation, landscaping and such other features and facilities as may be necessary
to make the project attractive and efficient from the standpoint of the adjoining
and surrounding noncommercial areas.
All areas designed for future expansion or not intended for immediate
improvement or development shall be landscaped or otherwise maintained in a
neat and orderly manner.
.
ECC Section 8-6-6-3 - Requires all final development plans to be reviewed by the
Planning and Zoning Commission as well as the City Council.
.
ECC Section 8-7-3-5: CONDITIONAL USE PERMIT:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions
may be attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
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6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
. ECC Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS":
It shall be the policy to guide a major development of land and construction by
encouraging planned unit development (PUD) to achieve the following:
B. A more useful pattern of open space and recreation areas and, if permitted as
part of the project, more convenience in the location of accessory commercial
uses, industrial uses and services;
C. A development pattern which preserves and utilizes natural topography and
geologic features, scenic vistas, trees and other vegetation and prevents the
disruption of natural drainage patterns;
D. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets;
and
E. A development pattern in harmony with land use density, transportation and
community facilities objectives of the Comprehensive Plan.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2.1 The property uses shall be developed generally as shown on "Exhibit A" " A Concept
Plan" attached hereto as may be conditioned by Eagle.
2.2 The Owner shall submit a PUD (Planned Unit Development) application for the site (to
be processed as outlined within Eagle City Code), and shall comply with all conditions
required by Eagle as a part of the PUD and all uses shown as permitted or shown as
requiring a conditional use permit within Eagle City Code Section 8-2-3 shall be subject
to Eagle's discretion (as to if they will be permitted or prohibited) when reviewing the
PUD for the site.
2.3 The Owner shall submit Design Review applications for the site (as required by the Eagle
City Code), and shall comply with all conditions required by Eagle as a part of any
Design Review prior to issuance of a certificate of occupancy.
2.4 Except as may be further restricted herein, the development shall comply with the Eagle
City Code, as it exists in final form at the time an application is made and the conditions
within this agreement shall be satisfied.
E. DISCUSSION:
.
Staff believes that this development with its varied and unique uses (to limited upon the
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review by the Planning and Zoning Commission and City Council) located in this area will
compliment the downtown (as encouraged within the Comprehensive Plan). The proposed
retail portion of the site is intended to provide merchandise that is directly related to the items
that are proposed to originate from the site (i.e.: manufactured, harvested, packaged), thereby
creating the opportunity for a special destination location within the City that may attract
people from surrounding areas. At full build out, the proposed cultural activities (gardens,
amphitheater, art gallery) may also act as a destination location for many people. In addition,
the production/office facility will offer employment opportunities to current and future
residents, thus promoting a "live and work in the same community" feeling. It is staff's
opinion that the uses will compliment the downtown by attracting new consumers to Eagle
and retain residents who may otherwise travel to locations outside of the city for shopping
and cultural events. It is then possible that these consumers and residents will venture into the
downtown and discover a quaint shopping environment (downtown businesses) that they may
have never been exposed to if it were not for the addition of a unique business that adds to a
community's desirability and retail depth that many people seek.
.
Per ECC, the maximum height allowed for spires, poles, antennas, steeples, towers, etc. is
35-feet unless a conditional use permit is approved by the City Council. The chimneys for
the building are proposed to be 37-feet high (2-feet higher than the maximum allowed by
code), as measured from the top of the foundation to the top of the chimney. The chimney
height may be considered a discretionary element in order to provide an appropriate scale to
the architectural elevations and therefore is subject to revision. If the applicant can
effectively lower the height of the chimney to 35-feet, then this condition will not require any
formal action. However, if the applicant desires to not lower the height, then the City
Council should determine if this height exception should be allowed.
.
Individual pad sites/buildings located within this development will be required to submit
separate design review applications prior to issuance of the building permit for that specific
building.
.
ECC minimum building setbacks within the MU zoning district are as follows:
Front: 20-feet
Rear: 20-feet
Side: 7.5-feet
Street Side: 20-feet
Since this development is proposed to be constructed on one parcel the minimum building
setbacks should be measured from the perimeter property line to the closest building. As
shown on the site plan the minimum front yard setback (between any building and State
Highway 44) should be 50-feet. Upon review of this application, the Planning and Zoning
Commission and City Council should determine if more restrictive side and rear yard
setbacks should be required beyond the minimums required within the MU zoning district (as
noted above). Minimum separation between buildings within the interior will be regulated by
the adopted building code of the City of Eagle (i.e.: Uniform Building Code).
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.
The portion of this site within 1O0-year floodplain is not proposed for any building
development or roadways. All landscaping improvements proposed within the 1O0-year
floodplain are subject to conditions of design review.
.
The Transportation! Pathway Network Map #1 within the Comprehensive Plan shows a
pathway along the Boise River abutting this site. This development is proposed to have a
network of pathways within the site for pedestrian access on-site, however, it appears that the
section of regional pathway proposed to extend along the Boise River (as indicated within the
Comprehensive Plan) is not shown. The applicant should provide a recorded public pathway
easement and should construct a pathway generally along the section of the Boise River on
this site. The pathway should be constructed at a time to be determined by the City Council
upon review of this PUD application.
.
Regarding Eagle City Code findings for a conditional use permit and planned unit
development preliminary development plan - As a part of the application submittal for this
project, and in accordance with application submittal requirement #14, the applicant has
provided an 11 page document. The document outlines how the applicant intends to
guarantee that this project will meet the Eagle City Code required findings for a conditional
use permit and planned unit development preliminary development plan. Staff has reviewed
the document and believes that the findings have been well addressed.
.
Staff will provide detailed discussion regarding this proposed development during the oral
presentation at the Planning and Zoning Commission and City Council meetings.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was scheduled before the Planning and Zoning
Commission on January 16, 2001, the matter was continued until January 30, 2001 at which
time testimony was taken, the public hearing was closed and the Commission made their
decision.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
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The Commission voted 3 to 0 (two absent) to recommend approval of PPUD-8-00/CU-
21-00, (Camille Beckman CommerciallIndustrial Planned Unit Development) with the
following staff recommended site specific and standard conditions of approval with text
shown with underline to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Design Review Board approval of a "Master Landscape Plan" for the entire site is required prior to
issuance of any building permits.
2. With the exception of landscaping improvements, all construction within the 1O0-year floodplain
portion of this is prohibited. All landscaping improvements proposed within the 1O0-year floodplain
are subject to conditions of design review.
3. Revise the proposed chimney height to a maximum of 35-feet unless City Council action approves a
height exception to 37-feet.
4. Separate Design Review Board approval of individual pad siteslbuildings is required.
5. Provide an approval letter from ITD regarding the proposed design of the driveway access to State
Highway 44.
6. Provide a license agreement, approved by ITD and/or ACHD, allowing the right-of-way between this
site and the edge of pavement along State Highway 44 and N. Park Lane to be landscaped.
Landscaping in this area shall be reviewed and approved by the Design Review Board.
7. Design Review Board approval is required prior to removing any existing trees from the site.
8. The pathways and meandering sidewalks shall be constructed in the locations generally as shown on
the site development plan (date stamped by the City on November 22, 2000) submitted with this
application.
9. CoBstmct a miniml:lm 6 f{)ot '¡lid€! asphalt patRway geBeFally aloag the section of the Boise River OB
this site prior to Ts he determined BY the City Csbl.nâl.
10. The aflplieaøt shall provide a r~eor-Geà pl:làlic pathway easemeat (miniml:lm 2~ feet váde) for tRe
section of patR'say along Hie Boise Ri'ler prior to issl:laøee of any bl:lildiag permits.
9. When the city of Eagle has established a greenbelt ordinance for design. operation. maintenance, and
control of use for a greenbelt system, the owners will establish a mutually agreeable 24-foot wide area
with a 6 foot pathway along the property parallel to the Boise River.
10. Construct a 5-foot wide (minimum) meandering concrete sidewalk along State Highway 44 abutting
this site.
11. Final development plans shall be reviewed as "New Business" items and not as "Public Hearing" items
unless the City determines that any difference between the preliminary development plan and final
development plan needs additional public comment because of possible impacts to surrounding
property owners, to this development, or to the community, or inconsistency with the conditions
herein. If the City determines that a public hearing shall be held on the final development plan, notice
shall be provided for (as was required for the preliminary development plan).
12. Minor site modifications shall be permitted if approved as a part of any design review application for
the site.
13. Minimum building setbacks shall be measured from the perimeter property line to the closest building.
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14. As shown on the site plan the minimum front yard setback (between any building and State Highway
44) shall be 50-feet.
15. Site lighting specifications (location, height, wattage, screening, etc.) shall be reviewed and approved
by the City Engineer and the Design Review Board prior to the issuance of any building permits.
16. All loading docks within the development shall be screened from view from all public rights-of-way
and any abutting residence.
17. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District
and/or the Idaho Transportation Department, including but not limited to approval of the
drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the
highway district having jurisdiction shall be submitted to the City prior to issuance of any
building permits or Certificate of Occupancy, whichever occurs first.
2.
Idaho Department of Health & Welfare approval of the sewer and water facilities is
required prior issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
3.
All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall
be secured prior to issuance of building permit or Certificate of Occupancy, whichever
occurs first.
4.
Written approval of all well water for any shared or commercial well shall be obtained
from the Idaho Department of Water Resources shall be submitted to the City prior to
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
5.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will
be required to furnish the City Engineer with a letter from the sewer entity serving the
property, accepting the project for service, prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
6.
The applicant shall submit a letter from the appropriate drainage entity approving the
drainage system and/or accepting said drainage; or submit a letter from a registered
professional engineer certifying that all drainage shall be retained on-site prior to issuance
of any building permits or Certificate of Occupancy, whichever occurs first. A copy of
the construction drawing(s) shall be submitted with the letter.
7.
The applicant shall submit plans and calculations prepared by a registered professional
engineer to handle the satisfactory disposal of all storm drainage on the applicant's site.
Drainage system plans shall be submitted to the City Engineer for review and approval
prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
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The plans shall show how swales, or drain piping, will be developed in the drainage
easements. The approved drainage system shall be constructed, or a performance bond
shall be submitted to the City Clerk, prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all
runoff runs either over the curb, or to the drainage easement, and no runoff shall cross any
lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy
permit is issued.
8.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, or other
irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the
entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a
manner that the flow of water will not be impeded or increased beyond carrying capacity
of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public
Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
9.
Street light plans shall be submitted and approved as to the location, height and wattage
to the City Engineer (if applicable) prior to issuance of any building permits or Certificate
of Occupancy, whichever occurs first. All construction shall comply with the City's
specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the
purpose of installing and maintaining street light fixtures, conduit and wiring lying
outside any dedicated public right-of-way, prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
The applicant shall pay applicable street light inspection fees prior to Certificate of
Occupancy.
10.
Parking lot light plan shall be submitted and approved as to the location, height and
wattage by the City Engineer. All construction shall comply with the City's specifications
and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid
accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect
the light away from the adjoining property.
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11.
12.
The parking area shall be paved and shall be maintained in good condition without holes
and free of all dust, trash, weeds and other debris.
One set of building plans, for any non single-family residential use, shall be submitted to
the Eagle Fire Department for approval. An approval letter from the Eagle Fire
Department shall be submitted to the City prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. The letter shall include the following
comments and minimum requirements, and any other items of concern as may be
determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department."
The fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two
family dwellings, 1,500 gallons per minute for dwellings having a fire area in
excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses
(i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in
accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or
certificate of Occupancy, whichever occurs first.
The proposed fire protection system shall be reviewed and approved by the Eagle
Fire Department prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
b.
c.
d.
13.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or
any other area designated by the City Councilor Eagle City Pathway/Greenbelt
Committee for a path or walkway shall be approved in writing by the Eagle City
. Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
14.
Conservation, recreation and river access easements (if applicable) shall be approved by
the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15.
The applicant shall comply with the provisions of the Eagle City Code, pertaining to
floodplain and river protection regulations (if applicable) prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
16.
The applicant shall obtain written approval of the development relative to the effects of
the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
17.
The applicant shall obtain approval of the development relative to its effects on wetlands
or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho
Department of Water Resources and/or any other agency having jurisdiction prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
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18.
19.
20.
21.
22.
23.
24.
25.
Basements in the flood plain are prohibited.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all
applicable County, State and Federal Codes and Regulations shall be complied with. All
design and construction shall be in accordance with all applicable City of Eagle Codes
unless specifically approved by the Commission and/or Council.
New plans, which incorporate any required changes, shall be submitted for staff approval.
Staff may elect to take those plans to the Design Review Board and/or the Planning and
Zoning Commission for review and approval.
Any changes to the plans and specifications upon which this approval is based, other than
those required by the above conditions, will require submittal of an application for
modification and approval of that application prior to commencing any change.
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the City of Eagle of its intent to change the planned use of
the subject property unless a waiver/variance of said requirements or other legal relief is
granted pursuant to the law in effect at the time the change in use is sought.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the City of Eagle. The burden shall be upon the applicant to
obtain written confirmation of any change from the City of Eagle.
Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the
Planning and Zoning Commission approval date).
The City's actions on the application does not grant the applicant any appropriation of
water or interference with existing water rights. The applicant indemnifies and holds the
City harmless for any and all water rights, claims in any way associated with this
application.
CONCLUSIONS OF LAW:
A. The applications for this item were received by the City of Eagle on November 22, 2000.
B. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City ordinances on December 30, 2000. 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 December
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26, 2000. Requests for agencies' reviews were transmitted on November 27, 2000 in
accordance with the requirements of the Eagle City Code.
C. In accordance with Eagle City Code findings for a planned unit development preliminary
development plan and a conditional use permit the Eagle Planning and Zoning Commission
makes the following conclusions for PPUD-8-00/CU-21-00, (Camille Beckman
CommerciallIndustrial Planned Unit Development), as proposed with the conditions
recommended herein:
The proposed preliminary development plan and conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City
Code Title 8 for the MU-DA zoning districts since an commerciallindustrial
development is shown as needing approval of a conditional use permit in the MU
zoning districts on the "Official Schedule of District Regulations" chart of that
section;
B. Will be in the public interest, advances the general welfare of the community and
neighborhood, and will not be detrimental to the economic welfare of the community
since the development will bring new commerce the area, provide for pleasing and
varied use of the property and will increase business and the arts within the
community;
C. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title
8) since there are no inconsistencies with the Comprehensive Plan and since the
development will be required to meet conditions of a design review application;
D. 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 development will be required to meet the City's design review requirements
and the conditions noted herein;
E. Will not be hazardous or disturbing to existing or future neighborhood uses since the
area is primarily surrounded by agricultural, or natural habitat and since the proposed
development will be adequately buffered from any residential use not under the
control of the applicant;
F. 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 (the applicant testified that there will be a center turn lane on Highway 44 and
that as required by ACHD acceleration and deceleration lanes will be provided along
the South side of Highway 44); or that the persons or agencies responsible for the
establishment of the proposed use shall be able to provide adequately any such
services as noted in responses received by agencies providing the public services;
G. Will not create excessive additional requirements at public cost for public facilities
and services;
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H. Will not involve uses, activities, processes, materials, equipment, and/or conditions of
operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors as long
as the conditions herein and all design review conditions are complied with;
I. Will have vehicular approaches to the property which are designed as to not create an
interference with traffic on surrounding public thoroughfares since they are required
to be reviewed and approved by the highway district having jurisdiction and since
they are subject to the conditions herein; and
J. Will not result in the destruction, loss, or damage of a natural, scenic or historic
feature of major importance since, other than the existing trees which require design
review approval prior to being removed, none are apparent on this site.
DATED this _th day of February, 2001.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
John ran en, Chairman
2/$76Í
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Page 22 of 22
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