Findings - PZ - 2001 - RZ-12-00 - Change Cond/In Da/Change To Concept Site Plan/24.84 Acre/
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A MODIFICATION TO THE DEVELOPMENT
AGREEMENT FOR A REZONE FROM A
(AGRICUL TURAL) TO MU-DA (MIXED USE
WITH A DEVELOPMENT AGREEMENT) FOR
COULTER PROPERTIES LLC
)
)
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-12-00 MOD
The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on October 4, 2001. 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:
Coulter Properties LLC, represented by Mark Butler with Land Consultants Inc., is
requesting a change to the conditions within the development agreement and a change to
the concept site plan previously approved by the City for rezone application RZ-12-00
(rezoned from A (Agricultural) to MU-DA (Mixed Use with a Development Agreement».
The 24.84-acre site is located on the west side of Edgewood Lane approximately 2,000-
feet north of East State Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on April 19, 2001 with
modified documents submitted on August 31,2001.
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 June 4, 2001 and again on September 15, 2001.
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 May 31, 2001 and again on September 12, 2001.
Requests for agencies' reviews were transmitted on April 23, 2001 in accordance with the
requirements of the Eagle City Code.
D.
mSTORY OF RELEVANT PREVIOUS ACTIONS:
On January 9, 2001, the Eagle City Council approved a rezone, development agreement
and concept site plan (RZ-12-00) for this site from A (Agricultural) to MU-DA (Mixed
Use with a development agreement).
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Mixed Use A (Agricultural) Vacant
Proposed No Change MU-DA (Mixed Use- ResidentiallMixed
Development Agreement) Commercialrrennis facility
North of site Residential Four (4-units R-4 (Residential) Residential
per acre maximum) &
Public/Semi-Public
South of site Commercia1/Pub lic/S emi - C-2 (General Business Proposed Shopping Center/
PubliclResidential Three
(3-units per acre District)! PS (Public!Semi- Eagle Academy/Pasture
maximum) Public)/ A (Agriculture) with Residence
East of site Residential Three (3-units A-R (Agricultural - Vacant
per acre maximum) Residential)
West of site Residential Four (4-units R-4 (Residential) Residences
per acre maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 24.84-acres
1.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter of September 7,2001 (attached).
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): See applicant's proposed development agreement language with changes
proposed by staff under Staff Analysis Section C below.
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary review letters from the Eagle Fire Department and Eagle Sewer District have
been received. An approval letter from the appropriate water company having jurisdiction
is required.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES:
Based upon the information available, the proposed rezone will not create any
noncompliance issues with regard to provisions of the Eagle City Code, provided the
conditions within the development agreement are complied with.
N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
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which appear to be of special concern are noted below:
Central District Health
Drainage District #2
Eagle Fire Department
Eagle Sewer District
New Union Ditch Company
O.
LETTERS FROM THE PUBLIC: None received to date
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WillCH ARE OF SPECIAL CONCERN
REGARDING TillS 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 identity.
g.
Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
1.
Excessively large single entity businesses that would jeopardize the competitive
business environment should be discouraged.
Chapter 6 - Land Use
6.7
Implementation Strategies
1.
Higher density residential development should be located closest to the Central
Business District (CBD) as shown on the Comprehensive Plan Land Use Map.
Protect gravity flow irrigation systems including canals, laterals and ditches to
assure continued delivery of irrigation water to all land serviced by such systems,
to protect irrigation systems as a long range economical method for water delivery
and to coordinate surface water drainage to be compatible with irrigation systems.
f.
Chapter 7 - Natural Resources and Hazard Areas
7.9
Goal
Special concern and attention should be given to the preservation of fish, wildlife, water
resources, air quality, agriculture, open space and recreation-nature areas when
implementing planning and zoning decisions.
Chapter 12 - Community Design
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12.2
Goal
Strive to create an aesthetically pleasing community and protect the unique natural beauty
and small town character of the City.
12.3
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 flrst, and often times 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.
12.4
Implementation Strategies
f.
Excessively large single entity businesses that would jeopardize the competitive
environment should be discouraged.
Encourage the preservation of natural resources such as creeks, drainages, steep
slopes and ridgelines as visual amenities.
k.
B.
ZONING ORDINANCE PROVISIONS WillCH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL:
.
Section 8-1O-1(A): REQUIREMENTS AND RESTRICTIONS (for development agreements):
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.
c.
DISCUSSION:
.
The previous application submitted by the applicant (RZ-12-00) included a concept plan
and development agreement with the parcel being developed with single family residential
uses to the west, multi-family units in the center, and a nursing home to the east. On
January 9, 2001, the City Council approved this application with specific conditions to be
included within a development agreement. The applicant is now requesting a
modification to this application due to the inclusion of new individuals with new interests
in the property as well as changes in the vision of how the project is to ultimately develop.
The following conditions (italicized) were approved by the City Council on January 9,
2001 and are included for reference.
1. Eagle hereby acknowledges that the attached Concept Plan (Exhibit "B")
represents an example of the Applicant's current concept for the site and
understands and agrees that changes in that concept will likely occur. The
Applicant also understands and agrees that any changes regarding development
of the site must be in conformance with the "Conditions of Development" stated
herein. (Concept plan labeled "Exhibit "B" is attached).
2.
The owner shall submit a Planned Unit Development (PUD) and Conditional Use
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Permit (CUP) application for the entire site (in accordance with Eagle City
Code), and shall comply with all conditions required by Eagle as a part of the
PUDICUP.
a. The Property shall be limited to residential uses as allowed under Eagle
City Code Section 8-2-3 except that a "Nursingl Convalescent Home"
shall be permitted as part of a PUD for the site.
b. The owner shall submit a Design Review application for the site (as
required by the Eagle City Code), and shall comply with all conditions
required by Eagle as a part of the Design Review.
3. 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.
4. Dedicate a sufficient amount of right-of-way (as may be determined by the Ada
County Highway District) for the future alignment of Hill Road as shown within
the 2000 Eagle Comprehensive Plan on the Transportation /Pathway Network
Map #1 prior to issuance of any building permits.
5. Single family residences shall be the only structures permitted to be constructed
along the west boundaries of this site (so as to buffer the properties to the west
and north) with the exception that a convalescent home may be allowed next to
the north boundary if approved as part of development plan (i. e. design
review/conditional use permit) for this site.
6. The entire property shall be developed and maintained per the conditions of this
Development Agreement regardless of the number of owners of the property. All
lots and lot owner( s) as part of any future re-subdivision of the property shall be
subject to the conditions within this Development Agreement.
7. The minimum lot size shall be 8,000 sq. ft. for single-family homes.
.
Eagle City Code Section 8-2-1 "MU Mixed Use District" states in part that 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.
As noted in the letter dated September 7, 2001 (attached), the applicant is requesting that
the proposed development agreement be utilized in this rezone for the development of this
site in lieu of the PUD/ conditional use process. To do this, the same detailed information
(i.e. density, lot sizes, setbacks, site topography, specific amenities, easements, building
elevations, layout, dimensions, and names of existing and proposed street and rights-of
way, detailed landscape plans, and much more) that is required with the PUD/ conditional
use applications must be submitted for review by the City to determine code compliance
and to determine the appropriateness of the development for the area which it is located.
A site plan and letter addressing limited details of the development have been submitted.
However, because the plan is conceptual, exact dimensions cannot be accurately measured
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and would most likely change between the concept plan and a plat. Therefore, staff
strongly recommends that the PUD and conditional use process (in conjunction with a
preliminary plat) be required as a condition of this development agreement for the
development of this property.
Staff believes that a MU-DA (Mixed-Use with development agreement) zoning
designation for this site will allow for a transition of uses from commercial to the south
and single family residences to the north. However, to assure an appropriate transition,
the specific uses for this site should be limited within a development agreement.
.
The following conditions are proposed by the applicant to be placed within a development
agreement. Staff believes that some of the proposed conditions will not facilitate an
appropriate transition of uses from commercial to the south and single- family residences
to the north. Therefore, staff recommends the following changes to the development
agreement with underline text to be added and strikethrough text to be deleted.
2.1
2.2
2.3
The concept plan attached herein (Exhibit "B") shall be the guiding plan for this
development. Minor changes to this plan may be considered during the planned
unit development. conditional use permit and preliminary plat application process.
The western one-third of the property is planned as phase one with a gated
community of townhouses. The eastern two-thirds of the property is to include a
townhouse development with pool, clubhouse and tennis courts and is planned as
phase two.
The owner shall submit a preliminary plat application and a planned unit
development (PUD) and conditional use permit (CUP) application for the entire
site (in accordance with Eagle City Code), and shall comply with all conditions
required by Eagle as a part of the preliminary plat and planned unit development
(PUD) and conditional use permit (CUP).
This DevelofllReßt ;\gr-eement is to be utilized in lieu of the PUD aRMor
coßditioRal use flroeess, as flmyided for withiR Eagle City Code 8eetion & 2 1
"Districts Estaàlished, Purposes and RestrietioRs" "vith Ùle eoRditions stipulated
hereiR. Ther-efore, as is flermitteà, a PlanReà URit Develof!meBt (PUD) aRà
CoRditioRal Use Permit (CUP) aflfllieatiøR før the site shall Bot be required.
The site is planned so that setbacks are measured from the perimeter of the
subdivision so as to allow a zero lot line town home development with minimal
private property and expansive common area open space. The following criteria
shall apply for setback and building separation purposes within this development:
A.
The exterior walls of the dwelling units may be constructed to the dwelling
lot line as depicted in the building envelopes to be delineated on any final
plat apvroved for this site. However, to provide compliance with UBC
table 5 permitting exterior walls of units to be constructed of non-fire rated
materials, a minimum of 10 feet shall be required between residential
buildings. For planning purposes, the 1O-foot minimum separation shall
be increased to 15-feet if one or both of the residential buildings are two-
story.
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2.4
2.5
2.6
2.7
B.
Setbacks shall be measured from the subdivision's perimeter property lines
as follows:
Front - 20-feet (from the Spartan Street right-of way line)
Front - 35-feet (between any residential building and the Hill Road
right-of-way line)
Front - 20-feet (between any non-residential building and the Hill
Road right-of-way line)
Rear (North Side) - 20-feet or 5-feet from the toe of the slope of the
New Dry Creek Ditch, whichever is greater. Buildings shall
be prohibited within the New Dry Creek Ditch
easement. The easement shall be noted on the Plat.
Street side (East side) - 20-feet between the right-of-way line and
Edgewood Lane
Interior side (West side) - 25 feet (except that Lot 1 of Phase 1 shall
have a lO-foot setback from the west side)
c.
A minimum of lO-feet shall be provided between the residential buildings
and the back of sidewalk abutting the interior roadways except that a
minimum of 20-feet shall be provided between any garage door and back
of sidewalk abutting the interior roadways.
The five residential buildings adjacent to the west boundary line (adjacent to
Larue Acres Subdivision) of the subdivision shall be single story or single story
design with a loft permitted inside.
The maximum density of the townhouse development shall be g. ~ dwelling units
per acre.
Dedicate a sufficient amount of right-of-way (as may be determined by the Ada
County Highway District and the City of Eagle) and construct the extension of
Hill Road from its eastern terminus at Edgewood Lane to its southern terminus
with State Street as shown within the 2000 Eagle Comprehensive Plan on the
TransportationlPathway Network Map #1.
The section of Hill Road through the commercial portion of property to the south
of this Property shall be completed to the Ada Countv Highway District's
satisfaction prior to issuance of any residential building permits for phase one.
Subsequent to final plat approval by the City Council, infrastructure installation
may commence prior to the completion of. but not before. the construction of Hill
Road.
The section of Hill Road abutting the southern portion of this Property shall be
completed to the Ada County Highway District's satisfaction prior to issuance of
any residential building permits for phase two. Subsequent to final plat approval
by the City Council, infrastructure installation may commence prior to the
completion of, but not before, the construction of Hill Road.
The entire property shall be developed and maintained per the conditions of this
Development Agreement regardless of the number of owners of the property. All
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lots and lot owners(s) as part of any future re-subdivision of the property shall be
subject to the conditions within this Development Agreement.
2.8
The Owner shall submit a design review application for the site (as required by
the Eagle City Code), and shall comply with all conditions required by Eagle as a
part of the design review.
2.9
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.
2.10
The O'..,'Rer shall Rot forf.eit the right to a "Let Split", as reg¡:llated BY Eagle City
Code. "^~R)' SHea lot split shall Be fØ(;):uire to eomply with the eoRditioRs ',vithiH this
Develof>meRt AgreemeBt.
.
The conditions noted herein are recommendations only. It is anticipated that the public
hearing process will provide additional information which may result in the need for
additional conditions to be placed within the development agreement.
.
With regard to Eagle City Code Section 8-7-S "Action by the Commission and Council",
and based upon the information provided to staff to date, staff believes 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 is in accordance with the Mixed Use
classification shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that public facilities exist, or are expected to be
provided as conditioned herein, to serve any and all uses allowed on this property
under the proposed zone.
c. The proposed MU-DA zone is compatible with the zoning designation and land use to
the south since that area is currently approved for commercial uses generally separated
from this site with perimeter landscape buffers and separated by the future Hill Road
extension to be constructed with the development of this site;
d. The proposed MU-DA zone is compatible with the zoning designation and land uses
to the north, west, and east since the proposed residential uses combined with the
required buffer areas on this site are similar to the existing residential uses to the north
and west and the expected residential uses to the east;
e. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
a. No non-conforming uses are expected to be created with this rezone if the
development agreement as proposed is complied with.
NOTE: The site specific conditions of approval herein are solely a recommendation of City staff.
The final decision on this application, and any conditions to be placed on this application, is totally
subject to the City Council's determination.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date staff recommends approval of the requested rezone
with the following conditions to be placed within a development agreement:
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1. The concept plan attached herein (Exhibit "B") shall be the guiding plan for this development.
Minor changes to this plan may be considered during the planned unit development,
conditional use permit and preliminary plat application process. The western one-third of the
property is planned as phase one with a gated community of townhouses. The eastern two-
thirds of the property is to include a townhouse development with pool, clubhouse and tennis
courts and is planned as phase two.
2. The owner shall submit a preliminary plat application and a planned unit development (PUD)
and conditional use permit (CUP) application for the entire site (in accordance with Eagle City
Code), and shall comply with all conditions required by Eagle as a part of the preliminary plat
and planned unit development (PUD) and conditional use permit (CUP).
3. The site is planned so that setbacks are measured from the perimeter of the subdivision so as to
allow a zero lot line town home development with minimal private property and expansive
common area open space. The following criteria shall apply for setback and building
separation purposes within this development:
A. The exterior walls of the dwelling units may be constructed to the dwelling lot line as
depicted in the building envelopes to be delineated on any final plat approved for this site.
However, to provide compliance with UBC table 5 permitting exterior walls of units to be
constructed of non-rITe rated materials, a minimum of 10 feet shall be required between
residential buildings. For planning purposes, the 10-foot minimum separation shall be
increased to 15-feet if one or both of the residential buildings are two-story.
B. Setbacks shall be measured from the subdivision's perimeter property lines as follows:
Front - 20-feet (from the Spartan Street right-of way line)
Front - 35-feet (between any residential building and the Hill Road right-of-way line)
Front - 20-feet (between any non-residential building and the Hill Road right-of-way
line)
Rear (North Side) - 20-feet or 5-feet from the toe of the slope of the New Dry Creek
Ditch, whichever is greater. Buildings shall be prohibited within the New
Dry Creek Ditch easement. The easement shall be noted on the Plat.
Street side (East side) - 20-feet between the right-of-way line and Edgewood Lane.
Interior side (West side) - 25 feet (except that Lot 1 of Phase 1 shall have a 1O-foot
setback from the west side)
C. A minimum of 1O-feet shall be provided between the residential buildings and the back of
sidewalk abutting the interior roadways except that a minimum of 20-feet shall be
provided between any garage door and back of sidewalk abutting the interior roadways.
4. The five residential buildings adjacent to the west boundary line (adjacent to Larue Acres
Subdivision) of the subdivision shall be single story or single story design with a loft permitted
inside.
5. The maximum density ofthe townhouse development shall be 5 (five) dwelling units per acre.
6. Dedicate a sufficient amount of right-of-way (as may be determined by the Ada County
Highway District and the City of Eagle) and construct the extension of Hill Road from its
eastern terminus at Edgewood Lane to its southern terminus with State Street as shown within
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the 2000 Eagle Comprehensive Plan on the TransportationlPathway Network Map #1.
The section of Hill Road through the commercial portion of property to the south of this
Property shall be completed to the Ada County Highway District's satisfaction prior to
issuance of any residential building permits for phase one. Subsequent to final plat approval
by the City Council, infrastructure installation may commence prior to the completion of, but
not before, the construction of Hill Road.
The section of Hill Road abutting the southern portion of this Property shall be completed to
the Ada County Highway District's satisfaction prior to issuance of any residential building
permits for phase two. Subsequent to final plat approval by the_City Council, infrastructure
installation may commence prior to the completion of, but not before, the construction of Hill
Road.
7. The entire property shall be developed and maintained per the conditions of this Development
Agreement regardless of the number of owners of the property. All lots and lot owners(s) as
part of any future re-subdivision of the property shall be subject to the conditions within this
Development Agreement.
8. The Owner shall submit a design review application for the site (as required by the Eagle City
Code), and shall comply with all conditions required by Eagle as a part of the design review.
9. The development shall comply with the Eagle City Code, as it exists in final form at the time
any preliminary plat and planned unit development (PUD) and conditional use permit (CUP)
applications are made and the conditions within this agreement shall be satisfied.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
4,2001, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by two (2) individuals concerned about the density and impact on nearby residential neighborhoods;
the need for a fence along the western boundary of the site; the desire to preserve the existing creek
and wildlife habitat in the northwest comer of the site; and the connection and extension of Spartan
Street should not occur.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual who felt that if the conditions in the development agreement were adhered to and the
trees were saved in the northwest comer of the site, then the development would be satisfactory.
D. A petition signed by thirty (30) individuals in opposition to the connection and extension of Spartan
Street into this development was presented to the Planning and Zoning Commission.
COMMISSION DECISION:
The Commission voted 2 to 1 (Deckers against) (Bloom, Cadwell absent) to recommend approval
of RZ-12-00 MOD for a rezone from A (Agricultural) to MU-DA (Mixed Use with a Development
Agreement) for Coulter Properties, LLC, with the following staff recommended conditions to be
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within a development agreement with the text shown as underlined to be added by the
Commission and text shown with strike-through to be deleted by the Commission.
1. The concept plan attached herein (Exhibit "B") shall be the guiding plan for this development.
Minor changes to this plan may be considered during the planned unit development, conditional
use permit and preliminary plat application process. The western one-third of the property is
planned as phase one with a gated community of townhouses. The eastern two-thirds of the
property is to include a townhouse development with pool, clubhouse and tennis courts and is
planned as phase two.
2. The owner shall submit a preliminary plat application aHd a plaBBed I:iRit de."elopæeRt (PUD) aRd
coRditioBal use permit (CUP) aflplieatioR for the entire site (in accordance with Eagle City Code),
and shall comply with all conditions required by Eagle as a part of the preliminary plat. aRd
fJlaRRed uRit tlevelopmeRt (PUD) and eoRditioRal use fJermit (CUP).
3. The site is planned so that setbacks are measured from the perimeter of the subdivision so as to
allow a zero lot line town home development with minimal private property and expansive
common area open space. The following criteria shall apply for setback and building separation
purposes within this development:
A.
The exterior walls of the dwelling units may be constructed to the dwelling lot line as
depicted in the building envelopes to be delineated on any final plat approved for this site.
However, to provide compliance with UBC table 5 permitting exterior walls of units to be
constructed of non-fIre rated materials, a minimum of 10 feet shall be required between
residential buildings. For planning purposes, the 1O-foot minimum separation shall be
increased to 15-feet if one or both of the residential buildings are two-story.
B.
Setbacks shall be measured from the subdivision's perimeter property lines as follows:
Front - 20-feet (from the Spartan Street right-of way line)
Front - 35-feet (between any residential building and the Hill Road right-of-way line)
Front - 20-feet (between any non-residential building and the Hill Road right-of-way
line)
Rear (North Side) - 20-feet or 5-feet from the toe of the slope of the New Dry Creek
Ditch, whichever is greater. Buildings shall be prohibited within the New
Dry Creek Ditch easement. The easement shall be noted on the Plat.
Street side (East side) - 20-feet between the right-of-way line and Edgewood Lane.
Interior side (West side) - 25 feet (except that Lot 1 of Phase 1 shall have a 10-foot
setback from the west side)
c.
A minimum of lO-feet shall be provided between the residential buildings and the back of
sidewalk abutting the interior roadways except that a minimum of 20-feet shall be
provided between any garage door and back of sidewalk abutting the interior roadways.
4. The five residential buildings adjacent to the west boundary line (adjacent to Larue Acres
Subdivision) of the subdivision shall be single story or single story design with a loft permitted
inside.
5. The maximum density of the townhouse development shall be 5 (five) dwelling units per acre.
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6. Dedicate a sufficient amount of right-of-way (as may be determined by the Ada County Highway
District and the City of Eagle) and construct the extension of Hill Road from its eastern terminus at
Edgewood Lane to its southern terminus with State Street as shown within the 2000 Eagle
Comprehensive Plan on the TransportationlPathway Network Map #1.
The section of Hill Road through the commercial portion of property to the south of this Property
shall be completed to the Ada County Highway District's satisfaction prior to issuance of any
residential building permits for phase one. Subsequent to final plat approval by the City Council,
infrastructure installation may commence prior to the completion of, but not before the initiation
of, the construction of Hill Road.
The section of Hill Road abutting the southern portion of this Property shall be completed to the
Ada County Highway District's satisfaction prior to issuance of any residential building permits
for phase two. Subsequent to final plat approval by the City Council, infrastructure installation
may commence prior to the completion of, but not before the initiation of, the construction of Hill
Road.
7. The entire property shall be developed and maintained per the conditions of this Development
Agreement regardless of the number of owners of the property. All lots and lot owners(s) as part
of any future re-subdivision of the property shall be subject to the conditions within this
Development Agreement.
8. The Owner shall submit a design review application for the site (as required by the Eagle City
Code), and shall comply with all conditions required by Eagle as a part of the design review.
9. The development shall comply with the Eagle City Code, as it exists in final form at the time any
preliminary plat and planRed HRit de'/elopmeRt (PUD) aRd øøBditioBal use permit (CUP)
applications are made and the conditions within this agreement shall be satisfied.
10. Triplexes, fourplexes, or greater, shall be prohibited.
11. The lots for the town homes (two family dwelling units) shall be a minimum of 7000 square feet.
It is understood that the town home structures will consist of two dwelling units. It is further
understood that the town home structures shall be permitted on the 7000 square foot minimum lot
and that the said lot is divided with a "zero lot line" through the center.
12. The northwest comer of the site shall be redesigned to preserve the existing water amenity where
the existing trees are adjacent to it. This extends approximately 150-feet eastward from the west
property line.
13. A snoopy style cul-de-sac shall be permitted to be constructed f.of the private sk-eøts at the northern
terminus of Prospect Court if approved by the Eagle Fire District.
14. A fence shall be required along the west property line. The fence shall be of an open design from
the northwest property boundary comer to the south side of the existing: creek, with solid fencing
to extend from the south side of the existing: creek to Spartan Street. Fencing design shall be
reviewed and approved by the City of Eagle Design Review Board.
15. The applicant shall submit a revised plan showing the pathways shown on the plan presented to
the Commission prior to the City noticing this item for the Public Hearing of the City Council.
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16. Notes required for any plats for this property shall not be limited to the notes shown on the concept
plan (Exhibit B) incorporated into this Development Agreement by reference.
17. The applicant shall either redesign the site so Spartan Street does not connect New Hill Road to
Palmetto A venue, or provide documentation in writing from ACHD stating that the road is to be
connected. If the road is to be connected, a choker, generally as shown on the concept plan
(Exhibit B) incorporated into this Development Agreement by reference, shall be required if
approved by ACHD and the applicant shall pursue other traffic calming measures with ACHD
such as speed bumps and or stop signs. If the Ada County Highway District states in writing that
Spartan Street does not need to extend through this site. then the developer shall construct a cul-
de-sac at the current eastern terminus of Spartan Street. with a paved pedestrian connection and an
emergency vehicle cross access between Larue Acres and this development. "Grass Crete"
construction materials or similar product shall be utilized to facilitate the construction of the
emergency vehicle connection. An easement with a sufficient width (as determined by the Ada
County Highway District) shall be preserved to construct a future public roadway from Spartan
Street easterly to Hill Road if determined necessary in the future.
18. The developer shall construct a pathway between the east side of Prospector Circle and the west
side of Crestview Court. A second pathway shall be constructed from Prospector Lane easterly to
the clubhouse and continue to Trinity Oaks Lane. with a connection from this path extending
southerly from the clubhouse to Hill Road. A third pathway shall be constructed easterly from the
east side of Monarch Lane to Edgewood Lane.
19. The developer shall provide a "tot lot" in a location to be determined by the developer. The
Owner shall submit a design review application for the tot lot (as required by the Eagle City Code).
and shall comply with all conditions required by Eagle as a part of the design review.
20. Revise the concept plan to include landscape center islands to be located on the Hill Road
extension adjacent to this property. The islands shall be symmetrical with those proposed for the
Trolley Square commercial development to the south.
21. The maximum lot coverage for each residential lot shall be permitted to increase from fifty-percent
(50%) to sixty-percent (60%).
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 19, 2001 with modified
documents submitted on August 31, 2001.
2. 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 June 4, 2001 and again on September 15, 2001. 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 May 31, 2001 and
again on September 12, 2001. Requests for agencies' reviews were transmitted on April 23, 2001 in
accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-12-00
MOD) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and
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based upon the information provided concludes that the proposed rezone with development agreement
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The requested zoning designation of MU-DA is in accordance with the Mixed Use
classification shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided (with stipulations in the development agreement), to serve
any and all uses allowed on this property under the proposed zone;
c. The proposed rezone is compatible with the current zoning and uses to the north,
south, east and west since the development of this site will be limited to residential
uses with stipulations provided within a development agreement;
d. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan;
e. No non-conforming uses are expected to be created with this rezone if the
development agreement as proposed is required and subsequently complied with.
DATED this 15th day of October 2001.
ONING COMMISSION
AGLE
~ r>+. ~(. ~ ('7-ðH
Sharon 'K. Moore, Eagle City lerk
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