Findings - PZ - 2002 - CPA-4-02 & A-3-02 & RZ-5-02 - Cpa From R2 To Mu/A/Rz From Rut To Mu-Da/R2 To Mu-Da
ORIG'NAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A COMPREHENSIVE
PLAN AMENDMENT FROM RESIDENTIAL TWO TO MIXED USE,
AN ANNEXATION AND REZONE FROM RUT (RURAL URBAN
TRANSITIONAL TO MU-DA (MIXED USE WITH A DEVELOPMENT
AGREEMENT) & A REZONE FROM R-2 (RESIDENTIAL) TO MU-DA
(MIXED USE WITH A WITH DEVELOPMENT AGREEMENT)
FOR B. W. EAGLE, INC.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-4-02 & A-3-02 & RZ-5-02
The above-entitled comprehensive plan amendment, annexation and rezone with development agreement
applications came before the Eagle Planning and Zoning Commission for their recommendation on
November 18,2002. The Commission continued the public hearing to December 16, 2002, and made their
decision at that time; to be forwarded to the Council in combination with the additional comprehensive
plan amendment applications currently under review by the City. 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:
B.W. Eagle, Inc., represented by Dan Torfin, is requesting a Comprehensive Plan
Amendment to change the land use designation on the Comprehensive Plan Land Use
Map from Residential Two (up to two dwelling units per acre) to Mixed Use, an
annexation and rezone from RUT (Rural Urban Transitional) to MU-DA (Mixed Use with
Development Agreement) and a rezone from R-2 (Residential-up to two dwelling units per
acre) to MU-DA (Mixed Use with Development Agreement). The site is located on the
east side of Eagle Road approximately 1O00-feet north of Chinden Boulevard.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 12,2002.
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 October 15, 22, and 29, 2002. 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 October 31, 2002. Requests for agencies' reviews were
transmitted on September 19,2002, in accordance with the requirements of the Eagle City
Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 28, 1992, the Eagle City Council denied an annexation, rezone, and
preliminary plat (A-91/ R2-91/ PP-91) for Fall Creek Subdivision.
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On January 4, 1993, the Eagle City Council approved an annexation, rezone, and
preliminary plat (A-91/ R2-91/ PP-91) for a revised version of Fall Creek Subdivision.
That preliminary plat approval has since lapsed.
E.
COMPANION APPLICATIONS: none
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Residential Two (up to R-2 (Residential) Rural Residences &
two dwelling units per Pasture
acre maximum)
Proposed Mixed Use MU-DA Planned Community
consisting of Office,
Commercial, Residential
and School site
North of site Residential Two (up to RUT (Residential - Ada County Rural Residences &
two dwelling units per designation) Pasture
acre maximum)
South of site Residential One (up to R-l (Residential) Single-family residences
one dwelling units per
acre maximum)
East of site Residential Two (up to RUT (Residential- Ada County Rural Residences &
two dwelling units per designation) Pasture
acre maximum) &
Public / Semi-Public
West of site Residential Two (up to R-2 (Residential) & R-2-P Rural Residences &
two dwelling units per (Residential PUD) Banbury Meadows
acre maximum) Subdivision
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 183.40-acres
1.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See the attached letter date stamped by the City on September 12, 2002, submitted by the
applicant.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant has provided a copy of a proposed development agreement, of which the
conditions are included for review below under Staff Analysis Section "C".
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The Eagle Sewer District states that the property will need to be annexed into the
District's service area and construction drawings reviewed by the District, Boise Public
Works and the Idaho Department of Environmental Quality prior to connection to sewer
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P.
service. United Water states this site is within its service area.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map currently exists.
M.
NON-CONFORMING USES:
Based upon the information available, the proposed comprehensive plan amendment and
rezone will not create any noncompliance with any provisions of the Eagle City Code.
N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear to be of special concern are noted below:
Central District Health Department
Drainage District #4 (Ringert - Clark)
Eagle Sewer District
Idaho Department of Transportation
United Water
O.
LETTERS FROM THE PUBLIC:
Letter from Dolan and Elisabeth Keeney, 4130 East Chinden Boulevard, Eagle, ill 83616
date stamped by the City on November 7, 2002.
Packet proposal from Robert Hanson P. E., 10645 Skycrest Street, Boise, ill 83713 date
stamped by the City on November 12, 2002.
Letter from Larry Durkin, 1505 Tyrell Lane, Boise, ill 83706 dated November 11, 2002,
and date stamped by the City on November 13, 2002.
Letter from Kathryn Almberg, 3320 South WhitepostWay, Eagle, ill 83616 dated
November 11, 2002, and date stamped by the City on November 13, 2002.
APPLICANT REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
See the attached letter date stamped by the City on September 12, 2002, submitted by the
applicant.
ST AFF ANALYSIS:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map currently designates this site as Residential Two (up
to two dwelling units per acre).
Chapter 1 - Overview
1.3 The City of Eagle Vision Statement
.
In 1999, City of Eagle citizens envision their future town as a well-planned
community that encourages diversified living and housing opportunities,
economic vitality that offers jobs for residents, and places for people to recreate
and enjoy Eagle's natural beauty.
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b. known as a highly livable town that successfully balances many of the rural
elements of its heritage with growth;
f.
an economically strong city, that fosters local businesses and clean industry.
Chapter 3 - Population
3.3
Goal
To promote a high quality of life and livability in the community.
3.5
Implementation Strategy
Monitor population growth and employment data to detect significant trends that
will affect the Comprehensive Plan goals, objectives and policies.
Chapter 4 - Schools, Public Services and Utilities
4.4
Objectives
b. To support school district efforts to provide school sites and facilities that
accommodate student enrollment.
4.5
Implementation Strategies
b. Explore legally suitable opportunities for developers to assist in donating or
purchasing school sites identified in the district(s) master facilities plan,
according to student demand created by future land use development.
c. The City and school district(s) should coordinate school site selection to
ensure the availability of public services.
d. Encourage land use development to reduce street hazards by developing
access to elementary and secondary schools on local streets and/or pathways.
Chapter 5 - Economic Development
5.1
Background
The economic development component of the Comprehensive Plan discusses the
economics and employment in Eagle. The city encourages appropriate economic
development while retaining those attributes that give Eagle its special living and
working environment.
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.
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Chapter 6 - Land Use
6.1
Background and Existing Conditions
Managing growth and channeling it into orderly community development is the
key element of land use planning. Unplanned growth results in undesirable land
use patterns. Areas within the City and within the Impact Area are given land use
designations which are depicted on the Comprehensive Plan Land Use Map,
hereinafter referred to as the "Land Use Map".
The Land Use Map is an integral part of the Comprehensive Plan. It serves as a
planning policy document and planning tool that will assist the City in sustaining
responsible growth and development to ensure that evolving land use patterns
remain consistent with goals, objectives and strategies of the Plan.
6.2
Land Use Designations
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial,
and residential developments. Uses should complement uses within the Central
Business District (CBD). Development within this land use designation should be
required to proceed through the PUD and/or Development Agreement process.
Residential density of up to twenty dwelling units per gross acre may be
considered by the City for this area.
6.7
Implementation Strategies
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fITe, recreational areas, highways and
transportation systems.
Chapter 13 - Implementation
13.5
Comprehensive Plan Amendments
From time to time, changing conditions will result in a need for comprehensive
plan amendments.
The Land Use Planning Act provides for amendment to the Comprehensive Plan.
The City Council or any group or person may petition the City Planning and
Zoning Commission for a plan amendment at any time. On its own initiative, the
City Planning and Zoning Commission may also originate an amendment to the
Comprehensive Plan. However, the City Planning and Zoning Commission may
recommend amendments to the Comprehensive Plan to the City Council not more
frequently than every six (6) months; however text amendments may be
recommended at any time.
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13.7
Implementation Strategies
c.
Any person applying for a Comprehensive Plan amendment shall submit a
justification letter for the amendment which shall include the following:
1. A specific description of the change being requested.
2. Specific information on any property involved.
3. A description of the condition or situation which warrants a change
being made in the Plan.
4. A description of the public benefit(s) that would occur from such a
change in the Plan and an explanation of why the public would need
any such benefit(s).
5. An explanation of why no other solutions to the condition or situation
which warrants a change in the Plan are possible or reasonable under
the current policies of the Plan.
6. A proposed development plan for any land involved if a specific
development is planned at the time the request for the amendment is
being made.
7. An analysis showing the estimated impact on infrastructure expected
to occur by any proposed change.
8. Any other data and information required by the City for their
evaluation of the request.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
c.
DISCUSSION:
.
The subject property is currently zoned RUT (Ada County designation) and R-2 with a
Comprehensive Plan designation of Residential Two (up to two units per acre).
The project site has been used for livestock grazing for a number of years. The applicant is
requesting a Comprehensive Plan amendment to change this site from a land use designation
of Residential Two to Mixed Use and to rezone the property to MU to allow the development
of Lakemoor, a mixture of office, commercial, residential and open space. For the purpose of
this application, the City may consider that a goal of this type of development is to provide a
neighborhood that fosters a sense of community. With the location of stores, offices, open
space and a school within walking distance of residences, people are able to avoid driving to
locations outside of their neighborhood to obtain services, recreation and employment
opportunities. And with varied dwelling types, people of different housing needs (those
suitable for single people, the elderly or a family unit etc.) would have the opportunity to live
in the same community rather than in separate locations dispersed throughout a city. Open
.
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.
space and schools not only provide easily accessed locales for education and recreation but
may also instill in the community a sense of pride and purpose in how the neighborhood
evolves and functions. While these attributes in and of themselves do not create a
neighborhood, when placed within an appropriately designed infrastructure, these features may
be considered vital to the sense of community.
Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (3))
within the 2000 Comprehensive Plan the applicant must show, "the condition or situation
which warrants a change being made in the plan." The applicant's justification letter states
that with the recent construction of retail services south of this site (Eagle Country Plaza and
Target) and the impacts of the Eagle Road widening, low density residential uses are no longer
appropriate for the area. The applicant further states that a residential element is not totally
undesirable and with the right mix of housing types as well as the location and proper
buffering of the homes, the area could be developed in a viable manner. With the Council's
recent action on Cottonwood Creek (CPA-3-01 & RZ-14-01) on the west side of Eagle Road
(south of this site), the Council determined that "the noise and air pollution created by the high
volume of traffic on Eagle Road diminishes the desirability for the subject property to be
developed solely for residential use." The Council also felt that because the site was to
provide a well designed office complex with park-like landscaping, these features would aid in
mitigating the traffic impacts on existing and future residential development. Since the
features proposed with this application (albeit on a grander scale) are similar to the
Cottonwood Creek development, and because both developments encounter the same
circumstances created by Eagle Road, the City may find that this application warrants a change
to the Comprehensive Plan.
.
The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4)) seeks to
identify "the public benefit that would occur from such a change in the plan." The applicant's
justification letter states that increased employment opportunities may allow people to work
where they live, which in turn decreases commuter travel. In addition, the increased property
value of the development will provide additional tax benefits to the City. As previously noted
in the above discussion, residents who live and work in their own neighborhood may tend to
hold a greater sense of pride and belonging within a community in which they interact on a
regular daily basis. While this may not appear to be a measurable attribute, the City may
consider that this concept, along with the advantages of an increased taxable base, are
substantial benefits that would result from the proposed change in the plan.
The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (5)) asks for
"An explanation of why no other solutions to the condition or situation which warrants a
change in the Plan are possible or reasonable under the current policies of the Plan". The
applicant's justification letter mentions, "due to the changes that have taken place with
adjacent property uses and the physical characteristics of the expanded transportation system,
no other reasonable alternative exists under the current policies of the comprehensive plan".
Again with reference to the Cottonwood Creek development, the Council considered that
because of the of the need to mitigate increased traffic noise and volume and because of the
unique properties of the land (located between existing development and a wetlands area), an
office complex provided a buffer to existing and future residences to help remedy the less than
desirable characteristics generated by the expansion of Eagle Road. It should be noted that
with the Council's decision on Cottonwood Creek, the characteristics of that subject site were
unique to that property, and as such, does not convey onto other properties in the proximate
area the ability to develop as any use other than residential. The City may consider that the
individual features proposed for the overall development (a large park, school site.
employment opportunities, retail services, varied housing types) are unique and essential to the
.
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.
objectives this type of development is attempting to achieve, and as such may provide a
solution to the noise and pollution created by increased traffic on Eagle Road.
A Development Agreement has been proposed by the applicant to guide the development of
the project. The Development Agreement is a discretionary tool that may be used as a
condition of rezoning to assure the proper development of this parcel. The conditions of the
Development Agreement proposed by the applicant and those proposed by the City are
outlined below. Eagle City Code Section 8-2-1 provides 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. Generally, the City has approved development agreements with
conditions that speak in general terms such as what types of uses are allowed on a property,
maximum densities allowed, additional landscaping requirements, etc. Rarely are specifics
identified such as building design, setbacks, lot coverage and any other deviations from the
standard district regulations outlined in Eagle City Code. With this application, the City has
been provided a plan of the proposed development which includes details of street
configuration, building and lot layout, and general areas to be landscaped. However, the plan
is drawn at a scale which is difficult to measure, and may be more accurately described as a
photo placed upon a photo, there is no point of beginning used to accurately plot the
development on paper as it would appear on the physical land. Without an accurate plat map
to measure, a valid assessment cannot be obtained regarding any proposed reduced setbacks,
lot widths and lot coverage, nor the relationship between structures and public roads, and other
features such as adequate open space. In addition, Eagle City Code 8-2-4 (G) allows a
decrease in minimum lot size if there is an offsetting increase of the same square footage in
open space and a planned unit development is applied for and approved. Due to the complex
nature of the development, the lack of an accurate and scalable drawing, and along with the
applicant's apparent intention of providing some residential lots with areas less than that
required in Eagle City Code for the MU zoning district, the applicant should submit a PUD in
conjunction with a preliminary plat in order that the City may gain an accurate assessment of
the proposed development.
.
The City may determine that an MU-DA (Mixed-Use with development agreement) zoning
designation for this site to allow a Mixed Use development with office, commercial,
residential and school facility is more appropriate than a standard R-2 zone which would only
allow a residential density of up to two units per acre as outlined within the City of Eagle
Comprehensive Plan. To assure the anticipated development, the specific uses for this site
should be limited within a development agreement.
The applicant has submitted the following conditions to be placed within a development
agreement with underlined text recommended to be added by staff and text shown with strike-
thru recommended to be deleted by staff: (Note: Italicized text is meant to clarify text or intent
of condition)
3.1
Applicant will develop the Property subject to the conditions and limitations set
forth in this Development Agreement. Further, Applicant will submit such
applications regarding design review, preliminary development plan. preliminary
plat and conditional use permit (PUD), preliminary aßd finall"lat Fe'liøws, and/or
any conditional HSØ permits, if applicable, and any other applicable applications as
may be required by the Eagle City Code.
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3.2
3.2.1
3.2.2
3.2.3
A final development plan and final plat will only be required to be acted upon by
the City Council, subsequent to the review and approval of the preliminary
development plan and preliminary plat by the Planning and Zoning Commission
and the City Council. The City and Owner agree that if the City determines that
any material change 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 of the preliminary development plan. the
Planning and Zoning Commission shall review the final development plan prior to
the review by the City Council.
The development shall comply with the Eagle Comprehensive Plan and City
Code, as they exist in final form at the time this Development ,^.greement is
recor-ded, that a building permit for each respective building is applied for, except
as otherwise provided within this Agreement. Provided Eagle approves
Applicant's development plan as generally described herein, the following
conditions shall be satisfied:
The residential Area A ("Carriage Home Sites") as depicted on Exhibit A shall be
developed in a combination of attached town homes and detached patio homes at
an approximate a maximum density of five units per acre. The residential Area B
("Luxury Home Sites") as depicted on Exhibit A shall be developed for single-
family detached homes at an approximate a maximum density of two units per
acre. The residential Area C ("Custom Home Sites") as depicted on Exhibit A
shall be developed in single-family detached homes at aH approximate ~
maximum density of four units per acre. However, in the event that any such
portions of the Property are developed as a PUD, an increased density bonus of
fifteen percent (15%) shaH- may be allowed if the criteria for density bonuses are
met as may be determined by the City Council. The Areas of the Property labeled
H and I are encouraged by Eagle to be developed with apartments or multi-family
dwellings, with a maximum density of UP to 6-units per acre. An amendment to
this Development Agreement shall may be allowed considered in the event any of
the above-described residential areas are to be converted to other uses allowed in
this Development Agreement.
The Mixed Use Office Park Areas D and E portions of the Property as depicted on
Exhibit A shall be developed with a combination of any office and commercial
uses permitted under the MU zoning designation (except as limited in Section
3.2.4, below) in buildings up to approximately 10,000 square feet eaeh,~ HI" to the
total gross sqHare footage of building area penniuøà by the Eagle City Code.
These portions of the Property can be developed in accordance with and shall
comply with the Eagle City Code and Comprehensive Plan, as they exist at the
time this Development Agreement is recorded, except as otherwise provided in
this Agreement.
The Mixed Use Corporate Campus Areas F, G, H and I portions of the Property as
depicted on Exhibit A shall be developed with a combination of any office and
commercial uses permitted under the MU zoning designation (except as limited in
Section 3.2.4, below) for buildings up to approximately 80,000 square feet eaeh,~
ØI'-tlp total gross sqHare fooæge of bHilàing area permitted by the Eagle City Coàe.
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3.2.4
3.2.5
3.2.6
3.2.7
These portions of the Property can be developed in accordance with and shall
comply with the Eagle City Code and Comprehensive Plan, as they exist at the
time this Deyelof'meHt .^.greemeHt is recorded that a building permit for each
respective building is applied for, except as otherwise provided in this Agreement.
All uses shown as "Permitted" under the MU zoning designation within Eagle
City Code Section 8-2-3 "Official Schedule of District Use Regulations," a copy
of which is attached as Exhibit C, shall be considered permitted uses. All uses
shown as "Conditional Uses" under the MU zoning designation within Eagle City
Code Section 8-2-3 "Official Schedule of District Use Regulations," a copy of
which is attached as Exhibit C, shall require a conditional use permit, except the
residential portions of the Property described in Section 3.2.1 shall not require a
conditional use permit. In addition to all other uses prohibited within said section
of Eagle City Code and on the entire Property as noted above, the following uses
shall also be prohibited in the Property:
.
Residential, Mobile Home (Single Unit);
Residential, Mobile Home (Single Unit Temporary Living Quarters);
Residential, Mobile Home Park;
Commercial, Adult Business;
Commercial. Automotive washing facility
Commercial, Automotive, mobile home, travel trailer, and/or farm
implement sales;
Commercial, Cemetery;
Commercial, Drive-In Theatre;
Commercial, Mortuary;
Commercial, Storage (fenced area);
Industrial, Railroad yard or shop;
Industrial, Terminal yard, trucking; and
Industrial, Truck and equipment repair and sales (heavy).
.
.
.
.
.
.
.
.
.
.
.
.
The conditions, covenants and restrictions for the Property shall contain at least
the following:
(a)
An allocation of responsibility for maintenance of all community
and privately owned landscaping and amenities.
(b)
A requirement insuring compliance with the Design Guidelines
approved with this Development Agreement.
Except for the limitatioHs aÐd allo"vaHees expr-essly set forth above and the other
ternlS of this f.greoment, the Property CaR be åeveloped aÐd I:Iseå eoBsistont '.vith
the Mixeå Use Distriet land I:lses allowed by the Eagle City Coåe, Offieial
Schedl:lle of District Use Regl:llatioRs, existing at the time this Deyelopment
.^.gr-eement is recordeà, a cof'Y of vl'lÚch is attached as Exhibit C. Redundant with
regard to item 3.2.4.
All development within the Property shall be consistent with the Site Design
Guidelines ("Design Guidelines") attached hereto as Exhibit D and generally
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3.2.8
3.2.9
consistent with the Concept Plan attached hereto as Exhibit A. The Concept Plan
attached hereto describes the general nature and relative location of certain
elements for the Property. The intent of this Agreement is to allow sufficient
flexibility at the time of detailed planning and platting while still maintaining the
general intent of the Concept Plan with the requirements set forth in this
Development Agreement. Specific design elements shall be clarified during the
PUD and Design Review application processes.
Prior to issuance of any building permits, Applicant shall provide proof of
adequate septie or central sewer service to the proposed residential and
commercial uses. A letter of approval shall be provided to the City from the Idaho
Department of Health and Welfare, Division of Environmental Quality, and/or
Central District Health, prior to issuance of any building permits. Tl:ie parties
ackno'Nleclge tHat tl:ie Property is eurreRtly aRRexed to tHe Eagle Sewer Distriet
The applicant's property shall be annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District's regulations
and conditions prior to the submittal of final development plan and final plat
applications.
Applicant shall provide a report or analysis of any proposed changes to wetlands
located on the Property and any such change shall be contingent upon approval by
the Idaho Fish & Game Department (if applicable), the Idaho Department of
Water Resources (if applicable), the Army Corps of Engineers, the City of Eagle,
and any other appropriate governmental agencies, and shall be in accordance with
the Eagle Comprehensive Plan and City Code. Applicant agrees all development
and improvement of the Property shall comply with rule and regulations
pertaining to regulated wetlands.
3.2.10 Applicant will comply with all applicable provisions of the terms of Title 10,
Flood Control, of the Eagle City Code.
3.2.11
A public easement for a pathway (set forth in concept on the Concept Plan
attached hereto as Exhibit A) to be owned and maintained by Eagle shall be
provided. The specific location and design of the pathway shall be approved by
the City Council during the PUD application process. Rot tø be uRreasøRably
\\'ithhelcl, prior to tee City ERgiReer sigRiRg the fH"st plat for tl:ie Prof'ørty.
3.2.12 Applicant shall provide bus stops as may be recommended Eagle.
3.2.13
Applicant shall provide an on-site landscaped strip with a minimum width of one
hundred-feet (100') along Eagle Road and a bicycle/pedestrian pathway to be
owned and maintained by Eagle within the landscaped strip. The wicltl:i of tl:ie
landscaped strip, iR various loeatioRs shall Be as reqaiæd by City Code and tHe
laHdscapiRg, iHclucliRg street trees and pathways shall be reviewed and approved
by the Eagle Design Review Board, ~rior to the submittal of a final development
plan and final plat application.
3.2.14 Building placement shall be designed such that parking areas are not concentrated
between the buildings and Eagle Road. The side of any buildings facing Eagle
Road shall be provided with architectural design elements and architectural relief.
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ST AFF RECOMMENDA nON PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
comprehensive plan amendment and rezone with development agreement with the staff
recommended conditions to be included within a development agreement provided within the staff
report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 18, 2002, and continued to December 16, 2002, 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 nine (9) individuals with concerns regarding increases in traffic and access onto heavily traveled
Eagle Road, the need to maintain the density designated in the Comprehensive Plan, the lack of need
for commercial in the subject area, and the quality of life and property values will be decreased if the
site is developed as proposed.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual (other than the applicant) who felt that the proposal is a well designed mixed-use
development, especially with a park located away from Eagle Road, and that property values would not
decrease because of the development.
D. Oral testimony neither in favor of or in opposition to this proposal was presented to the Planning and
Zoning Commission by one (1) individual who felt that the proposed increase in density is a high
concern but traffic noise may be mitigated with the installation of two traffic signals and a decrease in
the speed limit on Eagle Road, and that the Meridian School District may not find this site favorable
for the location of a school.
E. Commissioner Bloom requested that the applicant obtain a letter from the Meridian School District
stating whether they would accept or reject a donation of property for a school site in this subdivision.
COMMISSION DECISION:
The Commission voted 3 to 1 (Crook against, Cadwell absent) to recommend approval of CP A-4-
02 & A-3-02 & RZ-5-02 for a change the land use designation on the Comprehensive Plan Land
Use Map from Residential Two (up to two dwelling units per acre) to Mixed Use, an annexation
and rezone from RUT (Rural Urban Transitional) to MU-DA (Mixed Use with Development
Agreement) and a rezone from R-2 (Residential-up to two dwelling units per acre) to MU-DA
(Mixed Use with Development Agreement) with the following staff recommended conditions to be
included within a development agreement with underline text to be added by the Commission and
strikethrough text to be deleted by the Commission:
3.1
Applicant will develop the Property subject to the conditions and limitations set
forth in this Development Agreement. Further, Applicant will submit such
applications regarding design review, preliminary development plan, preliminary
plat and conditional use permit (PUD), and any other applicable applications as
may be required by the Eagle City Code.
A final development plan and final plat will only be required to be acted upon by
the City Council, subsequent to the review and approval of the preliminary
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3.2
3.2.1
3.2.2
3.2.3
development plan and preliminary plat by the Planning and Zoning Commission
and the City Council. The City and Owner agree that if the City determines that
any material change 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 of the preliminary development plan, the
Planning and Zoning Commission shall review the final development plan prior to
the review by the City Council.
The development shall comply with the Eagle Comprehensive Plan and City
Code, as they exist in final form at the time that a building permit for each
respective building is applied for, except as otherwise provided within this
Agreement. Provided Eagle approves Applicant's development plan as generally
described herein, the following conditions shall be satisfied: Notwithstanding this
provision, all uses shall be permitted under the mixed use zoning district at the
time this development agreement is approved and recorded, excluding those
addressed in 3.2.4.
The residestial ,^.rea ,A. ("Carriage Home Sites") as depìeted os EJlHibit ,A. shall be
developed is a combisatios of attacHed tOWR Homes afl:d detacHed patio homes at
a maximum dessity of five usits per acr-ø. THe residestial ,^.rea B ("Luxury Home
Sites") as depicted os ExHibit ,\ sHall be developed for siBbie family detaÐHed
homes at a maximum deRsity of t\\'o uRits per acre. The resideRtial ,\rea C
("Custom Home Sites") as âepicted os ExHibit ,^. shall be developed is sisgle
family detacHed homes at a maJlimHm dessity of four I:lsits per acre. However, in
the evest that asy such portioas of the Property are developed as a PUD, an
iscreased density BORHS of fifteea perceat (15%) may be allowea if tHe criteria for
deasity boauses are met as may be âetermised by the City Col:lRcil. The .\reas of
the Property laBeled H and I are eRcOtuaged by Eagle to be developed with
apartmests or mHlti family dwellisgs, with a maximum deasity of up to Ð usits
per acr-ø. ,A.n ameadment to this DevelopmeRt f.greemeRt may be cossidered in
the eveRt asy of the above described r-esiâestial ar-øas are to be coRverted to other
uses allowed is this DevelopmeRt .\greemest.
The Mil.ed Use Office Park ,\reas D aRd E portioRs of tHe Property as depicted OR
EXHibit ,A. sHall be deyeløped wits a combinatioß of aRY office aad commercial
uses permitted uRâer tke MU zoRiRg âesigsatios (eKcept as limited in SectioR
3.2.1, belmv) iR buildiRgs I:lp tø approximately 10,000 square feet. These portions
of the Property caR be developed iR accordaRce wits aRd shall comply with the
Eagle City Code and CompreheRsi','e PlaR, as tHey exist at tHe time this
Development ,A.greement is recorded, except as otHerwise provided is tkis
Agr-eement.
Tke Mixed Use Corporate Campus ,A.reas F, G, H asd I portioRs of the Property as
depicted on ExHibit :\ shall be developed with a combiRatioR of any office aNd
commercialusos permitted uader the MU zoRiRg desigRatios (OJlCOfH as limited iR
Section 3.2.1, below) for buildisgs \:ip to apprmcimately &0,000 square f-eet. These
portions of the Property can be developed iR accordaRÐe with asd shall comply
'.vita tHe Eagle City Code and Comprehessive PlaR, as tRey exist at tee time that a
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3.2.4
3.2.5
3.2.6
bHildiBg permit f.:or eaCH respective bl:lildiBg is applied for, except as otherwise
provided iB this .^.greemeHt.
All uses shown as "Permitted" under the MU zoning designation within Eagle
City Code Section 8-2-3 "Official Schedule of District Use Regulations," a copy
of which is attached as Exhibit C, shall be considered permitted uses. All uses
shown as "Conditional Uses" under the MU zoning designation within Eagle City
Code Section 8-2-3 "Official Schedule of District Use Regulations," a copy of
which is attached as Exhibit C, shall require a conditional use permit, except the
residential portions of the Property described in Section 3.2.1 shall not require a
conditional use permit. In addition to all other uses prohibited within said section
of Eagle City Code and on the entire Property as noted above, the following uses
shall also be prohibited in the Property:
.
Residential, Mobile Home (Single Unit);
Residential, Mobile Home (Single Unit Temporary Living Quarters);
Residential, Mobile Home Park;
Commercial, Adult Business;
Commercial, Automotive washing facility
Commercial, Automotive, mobile home, travel trailer, and/or farm
implement sales;
Commercial, Cemetery;
Commercial, Drive-In Theatre;
Commercial, Mortuary;
Commercial, Storage (fenced area);
Industrial, Railroad yard or shop;
Industrial, Terminal yard, trucking; and
Industrial, Truck and equipment repair and sales (heavy).
.
.
.
.
.
.
.
.
.
.
.
.
The conditions, covenants and restrictions for the Property shall contain at least
the following:
(a)
An allocation of responsibility for maintenance of all community
and privately owned landscaping and amenities.
(b)
A requirement insuring compliance with the Design Guidelines
approved with this Development Agreement.
All development within the Property shall be consistent with the Site Design
Guidelines ("Design Guidelines") attached hereto as Exhibit D and generally
consistent with the Concept Plan attached hereto as Exhibit A. The Concept Plan
attached hereto describes the general nature and relative location of certain
elements for the Property. The intent of this Agreement is to allow sufficient
flexibility at the time of detailed planning and platting while still maintaining the
general intent of the Concept Plan with the requirements set forth in this
Development Agreement. Specific design elements shall be clarified during the
PUD and Design Review application processes.
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3.2.7
3.2.8
3.2.9
3.2.10
Prior to issuance of any building permits, Applicant shall provide proof of central
sewer service to the proposed residential and commercial uses. A letter of
approval shall be provided to the City from the Idaho Department of Health and
Welfare, Division of Environmental Quality, and/or Central District Health, prior
to issuance of any building permits. The applicant's property shall be annexed
into the Eagle Sewer District's service boundaries and shall comply with all
applicable Eagle Sewer District's regulations and conditions prior to the submittal
of final development plan and final plat applications.
Applicant shall provide a report or analysis of any proposed changes to wetlands
located on the Property and any such change shall be contingent upon approval by
the Idaho Fish & Game Department (if applicable), the Idaho Department of
Water Resources (if applicable), the Army Corps of Engineers, the City of Eagle.
and any other appropriate governmental agencies, and shall be in accordance with
the Eagle Comprehensive Plan and City Code. Applicant agrees all development
and improvement of the Property shall comply with rule and regulations
pertaining to regulated wetlands.
Applicant will comply with all applicable provisions of the terms of Title 10.
Flood Control, of the Eagle City Code.
A public easement for a pathway (set forth in concept on the Concept Plan
attached hereto as Exhibit A) to be owned and maintained by Eagle shall be
provided. The specific location and design of the pathway shall be approved by
the City Council during the PUD application process.
3.2.11 Applicant shall provide bus stops as may be recommended Eagle.
3.2.12
Applicant shall provide an on-site landscaped strip with a minimum width of one
hundred-feet (100') along Eagle Road and a bicycle/pedestrian pathway to be
owned and maintained by Eagle within the landscaped strip. The landscaped
strip, street trees and pathways shall be reviewed and approved by the Eagle
Design Review Board, prior to the submittal of a final development plan and final
plat application.
3.2.13 Building placement shall be designed such that parking areas are not concentrated
between the buildings and Eagle Road. The side of any buildings facing Eagle
Road shall be provided with architectural design elements and architectural relief.
3.2.14 Pathways connecting the residential areas to the commercial areas shall be
provided, including but not limited to a minimum 6-foot (6') wide asphalt
pathway located within the Chevron Pipeline easement.
3.2.16
Applicant shall provide a park/school site to be developed, owned and maintained
by Eagle and/or the Meridian Joint School District No.2 along the eastern
boundary of the Property in Area J as generally depicted in Exhibit A attached
hereto. Upon recordation of the final plat of that portion of the property in which
the said park/school site is located, the applicant shall donate the same to Eagle
and/or the Meridian Joint School District No.2, to be deed restricted for use only
as a park and/or elementary school site. The Applicant and Eagle reserve the right
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to review and approve the development plans prior to the construction of any
improvements thereon. The donation of such site may further be made subject to
a reversionary interest in the Applicant in the event the site, or any portion thereof.
is not developed and used as a park and/or school site within such time period as
may be agreed upon between the Applicant and Eagle and/or Meridian Joint
School District No.2 and provided a modification to the is Development
Agreement is applied for and approved by the Eagle City Council. The said park
and/or school site shall be owned and maintained by Eagle and/or Meridian Joint
School District No.2 and shall act as a non-residential buffer for Boise City's
wastewater treatment facility and any expansions thereof, located easterly of the
Property. The applicant may be entitled to use the park and/or school site to
calculate any minimum recreational/open space or landscaping requirements for
development of the Property in accordance with the Concept Plan attached hereto
as Exhibit A, provided that the park! school site is developed by the Applicant in
accordance with plans reviewed and approved by Eagle. To the extent
permissible under the law, the Applicant shall be entitled to claim any available
income tax benefits which may arise out of the donation of the said park and/or
school site as set forth herein, and Eagle shall cooperate with Applicant in seeking
any such tax benefits.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 12, 2002.
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 October 15, 22, and 29, 2002. 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 October 31, 2002. Requests
for agencies' reviews were transmitted on September 19, 2002, in accordance with the requirements of
the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed comprehensive plan
amendment (CPA-4-02) and based upon the information provided concludes that the proposed
comprehensive plan amendment is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
The proposed development provides an opportunity to create a diverse community with a variety of
housing types located adjacent to limited retail and office uses as well as a park and potential school.
While changes in traffic conditions occur with all types of development (whether residential or
commercial), the Commission believes this development may aid in reducing traffic since residents
will be able to live and work in the same neighborhood without the necessity of commuting to areas
outside of the City. Aside from the tax benefits that may result from this project, residents of the City
will be afforded the opportunity to frequent services within the community rather than traveling to
other locales.
The dissenting opinion of the Commission felt that a Mixed Use Land Use designation (which may
allow the type of project proposed herein) does not provide a greater benefit to the public than that
which is currently designated for the site by the Comprehensive Plan (Residential Two), and does not
promote the objectives of the Comprehensive Plan to maintain the rural character of the City.
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4. The Commission reviewed the particular facts and circumstances of this proposed annexation and
rezone (A-3-02 & RZ-5-02) 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 annexation and
rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of MU-DA (Mixed Use with Development
Agreement) is in accordance with the Mixed Use classification as recommended to be
changed 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
required to be provided, to serve a church facility on this property under the proposed
zone;
c. The proposed MU-DA zone (Mixed Use with Development Agreement) is compatible
with the RUT zone (Residential - Ada County designation) to the north since this
development proposes to provide residential uses that would be compatible with
residential uses that may be develop further at two or fewer dwelling units per acre as
designated on the Comprehensive Plan Land Use Map and;
d. The proposed MU-DA zone (Mixed Use with Development Agreement) is compatible
with the RUT zone (Residential - Ada County designation) to the east since this site
will provide a park and/or school site to act as a buffer with the Boise City wastewater
treatment facility and the residential uses that may develop in that area at two or fewer
dwelling units per acre as designated on the Comprehensive Plan Land Use Map and;
e. The proposed MU-DA zone (Mixed Use with Development Agreement) is compatible
with the R-l zone (one unit per acre maximum) to the south since a canal and grade
elevation will act as a natural buffer to the existing residential uses;
f. The proposed MU-DA zone (Mixed Use with Development Agreement) is compatible
with the R-2 zone (two units per acre maximum) and Eagle Road to the west since this
development is required to provide a 1O0-foot wide landscaped area abutting the east
side of Eagle Road to act as a buffer to mitigate traffic noise and provide a transition
between office and residential uses;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan;
h. No non-conforming uses are expected to be created with this rezone.
DATED this 6th day of January 2003.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
(/ ~~ ~
Cheryl Bloom, Vice Chairman
ATTEST:
..llR r ~ ìZ ~ c9-CK-
Sharon k Moore, Eagle City Cl rk
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