Findings - CC - 2003 - CPA-4-02/A-3-02/RZ-5-02 - Zone From R2 To Mu/Rut To Mu-Da/Rr2 To Mu-Da
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
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. )
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 City Council for their consideration on February 11, 2003. The
Council continued the public hearing to February 18, 2003, to February 25, 2003, to March 25, 2003, to
April 22, 2003, and to June 3, 2003, at which time the public hearing was closed for oral testimony only.
The Council continued the public hearing for written testimony to June 24, 2003, to July 8, 2003, and to
July 22, 2003, at which time the public hearing was closed. The Council made their decision at that time.
The Eagle City Council having heard and taken oral and written testimony, and having duly considered the
matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
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 1000-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.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on January 21, 2003. Notice of this public hearing was mailed to property
Page 1 of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-S-O2 ccf.doc
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 January 16,
2003.
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.
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 DESIGNATION
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, and
Residential
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
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See the letter submitted by the applicant date stamped by the City on September 12,2002.
The letter is incorporated herein by reference.
Page 2 of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-S-02 ccf.doc
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
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
Joint School District No.2
United Water
O.
LETTERS FROM THE PUBLIC: (All letters are incorporated herein by reference)
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.
Letters from Kathryn Almberg, 3320 South Whitepost Way, Eagle, ill 83616 dated
November 11, 2002, November 13, 2002, and February 10,2003.
Letter from Bill Walls and Verlyn E. Wolf, president and vice president of the Eagle
Pointe Homeowners Association, date stamped by the City on December 27, 2002.
Letter and 11 photos from Wayne and Linda Thiel, 3970 E. Chinden Blvd, Boise, ill, date
stamped by the City on February 10, 2003.
Letter from Teri Bath, President of the Eagle Chamber of Commerce, date stamped by the
City on April 16, 2003.
Page 3 of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-S-O2 ccf.doc
Letter Jan Hartje, date stamped by the City on April 22, 2003
P.
APPLICANT REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
See the letter submitted by the applicant date stamped by the City on September 12, 2002.
The letter is incorporated herein by reference.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
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.
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.
Page 4 of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-S-O2 ccf.doc
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.
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
Page S of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-S-02 ccf.doc
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fire, 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 Councilor 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.
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.
Page 6 of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-S-O2 ccf.doc
B.
c.
8. Any other data and information required by the City for their
evaluation of the request.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
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
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
.
Page 7 of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-S-02 ccf.doc
.
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
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
Page 8 of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-S-O2 ccf.doc
.
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 crUD), preliminar¡, aBd final plat revie'Ns, aBEl/Of
¡my coaditioaall.-lse permits, if applicable, 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
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.
3.2
The development shall comply with the Eagle Comprehensive Plan and City
Code, as they exist in final form at the time this Developmeftt f.greeæeftt is
recorded, 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:
3.2.1
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 aft 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
Page 9 of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-S-O2 ccf.doc
3.2.2
3.2.3
3.2.4
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 eaeft,~ up to tHe
total gross square footage of bHildiRg area permitted 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 eaeft,~
eF--I:lp total gt"øss sqüare footage of bHildiRg area permitted 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 Developmoot L\greemeRt is reeÐfdcd 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;
.
.
.
.
.
.
.
.
.
.
Page 10 of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-S-O2 ccf.doc
3.2.5
3.2.6
3.2.7
3.2.8
3.2.9
.
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 limitati08s aBd allo';¡a8ees expressly set forth above aBd the otHer
terms of tHis Ag¡:eeme8t, tHe Property CaB be developed a8d ased e08siste8t '.'litH
tHO Mixed Use District land ases allowed b)' the Eagle City Code, Official
Schedale of District Use Regalatio8s, existi8g at tHe time this Developme8t
"^.greeme8t is recoFded, a copy of ,....hicH is attaehed 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
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
adeqüate septic 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. The f3arties
ac1œowledge that the Property is Cüfre8tly a88exed to the Eagle Sewer District.
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.
Page 11 of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-5-02 ccf.doc
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. BOt to Be üor-easÐoaÐly
withheld, prier to the City Eogioeer sigoiog the fHSt plat fer the PrefJerty.
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 wiàth ef the
landscaped strip, io varÍOI:lS locatioos shall Be as r-eqüireà BY City CÐåe aBà the
laodseapiog, ioe1üàiog 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.
3.2.14 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.
3.2.15 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
3.2.17
Except as otherwise pr-ovideà io this Agreeæeot, the Property CaB aDd shall Be
de',cloped io accordaBee v..ith the Eagle City Code io effeet 00 the date this
Agreeffieot is approved. NÐthiog io this ,^.greemeot shall Be coosffileà to preveot
Applicaot, oor shall ,^~pplicaot Ðthenvise Be pf0\'eoteà, from seekiog, by
appropriate applicatioo ther-ef-ore, approval for slick waivers, exeeptioos or
variaBC6s as Ria)' be atithorized BY the provisioos of the Eagle City Cede.
However, if the üses io Mixed Use Zooe are expllflded, seek expaBded üses shall
Be iBclüdeà io this AgreemeBt. This shall coofirm. that the Eagle City Cotloeil
ioterprets the meaBiBg of the üse "Retail Sales Limited" io the Eagle Code te
ioelüde all tlses allo'/led io "Retail Sales GeBeral" exeept for the speeifieally
eotlmerated exclüsiooS of "fl:lfflimre, hMdware, paiot and wallpaper, earpetiog aoà
floor eoveriog, Dew atitomotive parts aod accessories." Redundant with regard to
item 3.2.4. "Retail Sales - General and Limited" are defined in Eagle City Code
Section 8-1-2 with the same meaning as noted above.
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.:. aBà-, 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.:.. aBà reserviog to The Applicant and
Eagle reserve the right to review and approve the development plans ther-efor-e
Page 12 of22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-5-02 ccf.doc
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 5ftaH 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.
STAFF RECOMMENDATION 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.
Page 13 of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-S-02 ccf.doc
COMMISSION DECISION:
The Commission voted 3 to 1 (Crook against, Cadwell absent) to recommend approval of CPA-4-
02 & A-3-02 & RZ-5-02 for a change to 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 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 as shown within their findings of fact and
conclusions of law document dated January 6,2003.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application(s) was held before the City Council on February 11, 2003. The
Council continued the public hearing to February 18, 2003, to February 25, 2003, to March 25, 2003,
to April 22, 2003, and to June 3, 2003, at which time the public hearing was closed for oral testimony
only. The Council continued the public hearing for written testimony to June 24, 2003, to July 8,
2003, and to July 22, 2003, at which time the public hearing was closed. The Council made their
decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by three (3) 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 City Council by one (1) individual (other
than the applicant) who felt that the proposal would be an asset to the City.
D. Oral testimony neither in favor of or in opposition to this proposal was presented to the City Council
by three (3) individuals who expressed desire(s), in part on behalf of West Valley Little League, to
have ball fields included as part of the park area proposed within the development since a sufficient
amount of recreation fields do not exist in the Eagle area to accommodate the current needs of the
area's youth.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CPA-4-02 & A-3-02 & RZ-5-02 for a change to 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). Pursuant to Eagle
City Code Section 8-2-1, a development agreement containing the following conditions shall be
utilized in lieu the PUD and conditional use process:
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 floodplain
development permit review, design review, preliminary and final plat reviews, and/or any conditional use
permits, if applicable, and any other applicable applications as may be required by the Eagle City Code,
Page 14 of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-S-O2 ccf.doc
which shall comply with the Eagle City Code, as it exists at the time such applications are made except as
otherwise provided within this Agreement.
3.2 The residential Area A ("Carriage Home Sites") as depicted on Exhibit A2 shall be developed in a
combination of attached town homes and detached patio homes at an approximate density of five units per
acre.
0 Setbacks and Minimum lot size proposed for the Carriage lots:
Front
Rear
Common Side (town home)
Interior Side
Additional Setback for
Multi-Story structures
Street Side
15 feet
10 feet
0 feet
5 feet
5 feet
15 feet
Minimum Lot Size 5,000 square feet
Any reduction of lot sizes below the minimum lot size of the standard lot within
the MU zone (7,000 square feet) shall require an offsetting increase of the same
square footage of open space. The specific calculation for the offsetting increase
of open space and such open space shall be incorporated into and shall be
reviewed with the preliminary plat for Area A.
The residential Area B ("Luxury Home Sites") as depicted on Exhibit A2 shall be developed for
single-family detached homes at an approximate density of two units per acre.
0
Setbacks proposed for the Luxury lots:
Front
Rear
Interior Side
Additional Setback for
Multi-story structures
Street Side
20 feet
25 feet
7.5 feet
5 feet per story
20 feet
The residential Area C ("Custom Home Sites") as depicted on Exhibit A2 shall be developed in
single-family detached homes at an approximate density of four units per acre.
0
Setbacks proposed for the Custom lots:
20 feet
25 feet
7.5 feet
Front
Rear
Interior Side
Additional Setback for
Multi-story structures 2.5 feet per story - When the 2'" story wall section is
designed to be offset toward the inside of the house from the lower story so
that there is "break" in the plane of the wall sections between stories then the
second story setback may be reduced by 2.5 feet.
Page 15 of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-5-02 ccf.doc
5 feet per story - When the flfst and second story wall
sections are designed as a flat, single plane then the side setback shall be
increased by 5 feet for a total side setback of 12.5 feet.
For the purposes of implementation of the setbacks noted herein, the first
story shall have a top plate no higher than ten feet (10').
Street Side
20 feet
The residential portion of this development proposal is recognized by Eagle and Applicant as a
desired component to a mixed use development. A residential component substantially in
conformance to that depicted in the Concept Plan shall be maintained.
3.3 The Mixed Use Office Park Areas D and E of the Property as depicted on Exhibit A2 are to be
developed with a combination of any office and commercial uses allowed within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations" under the MU zoning designation (except as limited in
Section 3.7, below). Buildings up to a maximum of 10,000 square feet each are permitted for this area.
This square foot limitation does not apply to Fitness/Indoor Recreation Facilities, Education Facilities, and
Hotels. Multiple buildings are permitted to be located on the same lot, provided however, that the
maximum lot coverage requirements stated in Eagle City Code are not exceeded.
3.4 The Mixed Use Corporate Campus Areas F, G, H and I of the Property as depicted on Exhibit A2
are to be developed with a combination of any office and commercial uses allowed within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations" under the MU zoning designation (except as
limited in Section 3.7, below). Buildings up to a maximum of 80,000 square feet each are permitted for
this area, except that retail buildings shall be a maximum of 40,000 square feet each. This square foot
limitation does not apply to Fitness/Indoor Recreation Facilities, Education Facilities, and Hotels. Multiple
buildings are permitted to be located on the same lot, provided however, that the maximum lot coverage
requirements stated in Eagle City Code are not exceeded.
3.5 The total square footage of building area for retail uses allowed in ECC Section 8-2-3 within this
development shall not in the aggregate exceed 125,000 square feet.
3.6 The Areas of the Property labeled H and I as depicted on Exhibit A2 are encouraged by Eagle to
be developed with apartments or multi-family dwellings, with a maximum density of up to 6-units per acre.
15% open space within Areas H and I will be required if developed as multi-family residential. However,
the use of Areas H and I as indicated on the Concept plan (office) is approved as part of this development
agreement. A change in the development of these Areas from office to multi-family residential (as
encouraged herein) will not require a modification to this development agreement. This change may be
considered at the time a design review application is made for these Areas.
3.7 All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations," a copy of which is attached as Exhibit C, shall be
considered permitted uses. All uses shown as "C" conditional uses under the MU zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District 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 on the Property:
Page 16 of22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-5-02 ccf.doc
.
Residential, Mobile Home (Single Unit);
Residential, Mobile Home (Single Unit Temporary Living Quarters;
Residential, Mobile Home Park;
Commercial, Adult Business;
Commercial, automotive, mobile home, travel trailer, and/or farm implement
sales;
<:ommercial, <:ernetery;
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).
.
.
.
.
.
.
.
.
.
.
.
However, if the permitted and conditional uses in the MU zoning designation are expanded, such
expanded uses shall be allowed as permitted or conditional uses as the case may be.
3.8 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed Use District land uses
allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", a copy of which
is attached as Exhibit C.
3.9
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.
3.10 All development within the Property shall be consistent with the Site Design Guidelines ("Design
Guidelines") attached hereto as Exhibit E and generally consistent with the Concept Plan attached hereto
as Exhibits Al and A2. The Concept Plan attached hereto indicates 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 platting and design review application processes. However, the streetscape as shown on the
concept plan (the round-abouts, center islands, and street trees) shall be required design elements as part of
the final design for the site and the overall open space for the site (including the park area - Area J) shall
remain a minimum of 50%. For the purpose of this Agreement, open space shall be defined as all areas
other than buildings, parking lots, roadways, and individual residential lots within Areas A, B, and C.
3.11 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
a final plat application. 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.
3.12
Applicant shall provide a report or analysis of any proposed changes to wetlands located on the
Page 17 of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-S-O2 ccf.doc
Property and any such change shall be contingent upon approval by 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 applicable rules and regulations pertaining to regulated wetlands.
3.13 Applicant will comply with all applicable provisions of Title 10, Flood Control, of the Eagle City
Code.
3.13.1 Area K (as shown on the concept plan as a pond and is 6.2 acres in size) may be used for
flood water holding capacity and the area therein may be used as part of the site's no net loss
calculation if the area is included within the corporate limits of the City of Eagle and is
subsequently approved as part of the floodplain development permit pursuant to Title 10 of the
Eagle City Code for the overall development.
3.14 Applicant shall construct a meandering six foot (6') wide (minimum) concrete sidewalk within a
one hundred-foot 000') wide landscape common area lot (not including right-of-way) along the portion of
the property adjacent to Eagle Road. The possible construction of a sidewalk connecting the sidewalk
required herein to the existing sidewalk located along Eagle Road approximately three hundred feet 000')
south of the southwest corner of the property will be addressed as a part of the preliminary plat application
for the property.
3.15 Applicant shall provide and construct. in accordance with the provisions of Eagle City Code
Section 9-4-1-6 a minimum ten 00) foot wide public asphalt pathway in a landscaped strip located within
the Chevron Pipeline easement. the design and landscaping for which shall be reviewed and approved by
the Eagle Design Review Board prior to the submittal of the final plat application(s) wherein the pathway
is located. The asphalt pathway. but not the landscaped areas. shall be located in an easement or easements
which shall be dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6:E.2.
upon recordation of the final plat(s) wherein the pathway is located
3.16
Applicant shall provide bus stops as may be recommended by Eagle.
3.17 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, as may be approved by the Eagle Design Review
Board.
3.18 Applicant shall keep and maintain for use on the Property such irrigation water rights as are
reasonably required in order to provide a pressurized irrigation system or systems for all landscaped areas
on the Property. In the event that Applicant desires to transfer, sell or convey any excess water rights (that
is, water rights not necessary to provide an adequate source of irrigation water for the landscaped areas on
the Property), Applicant shall fIrst submit to Eagle reasonable written evidence of the agreement to
purchase said water rights by a third party purchaser and the price and complete terms agreed to be paid
therefore. Eagle shall have forty-five (45) days after receipt of said notice within which to elect, in writing,
to purchase such water rights upon the same terms which Applicant is to receive from said third party
purchaser, whereupon the water rights shall be sold to Eagle on such terms and conditions, each party
being bound thereby. In the event Eagle shall not have given written notice of its intent to purchase the
water rights within the said forty-five (4S) day period, the first right of refusal created hereby shall
terminate and Applicant shall be entitled to sell its water rights free of any right or claim of right by Eagle.
Applicant shall have no obligation to Eagle hereunder in the event Applicant sells, transfers or conveys
Page 18 of22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-S-O2 ccf.doc
any such excess water rights to any person or entity affiliated with Applicant. As used herein, an affiliated
person or entity is one which owns, is owned by, or shares any common ownership with Applicant.
3.19 Subject to the conditions and limitations set forth herein, Applicant shall provide a park site along
the eastern boundary of the Property in Area J as generally depicted in Exhibit A2 attached hereto
(hereinafter "Park Site") which Park Site is to be developed, owned and maintained by and at the expense
of Eagle. The Applicant's obligations to provide the said Park Site shall be fulfilled as follows:
A. Upon recordation of a final plat of any portion of the Property, Applicant shall enter into
an agreement to lease the Park Site to Eagle for use as a public park or for other public purposes
reasonably acceptable to Applicant. such pm:poses and terms to be specified in the lease
agreement. Said lease agreement shall include, among other provisions acceptable to the
Applicant and Eagle, a provision permitting the Applicant to use and occupy the Park Site for
grazing or other uses not inconsistent with this Agreement and Applicant's development project
until such time as Eagle is prepared to fully develop the public facilities thereon.
B. Upon completion of a road or roads constructed to ACHD standards by Applicant to
provide public access to the Park Site, Applicant shall dedicate the Park Site to Eagle, which such
dedication shall be subject to the following restrictions and reservations:
1. The Park Site shall be restricted for use only as a public park and shall act as a
non-residential buffer for Boise City's waste water treatment facility and any expansions
thereof, located easterly of the Property.
2. Dedication of the Park Site shall be subject to all reservations, restrictions and
easements established of record or by use upon the Premises. Subject to the provisions of
subparagraphs 4 and 5 below, (a) no such reservations, restrictions and easements made by
Applicant shall impair the future use of the Park Site as depicted by Eagle as described in
this Agreement; and (b) the Park Site shall not be made subject to any restrictive
covenants Applicant may impose upon any other portion of the Property.
3. Eagle shall obtain Applicant's written approval for any and all improvements to be
made to the Park Site prior to the commencement of construction or installation thereof,
such approval not to be unreasonably withheld or delayed over thirty (30) days from the
date sent to the Applicant.J:Jlí!urç_oflhe 'ill.nlJi,~;-].!lL1Q..@illondlo the C!lL~HhÜ!Jh.~J.Q:4<l..Y
P-s;!:ÍQQ. j~QÇ{ ;!D ççL~~J}P12I_Q ~ÇQ -lDr _lhç_1H?1? JiÇ;U1L
4. The dedication shall be subject to a reversionary interest in the Applicant in the
event that at least fifty percent (50%) of the total area of the Park Site has not been
developed 5uhstiltH:ía+!-ydevdnpedmforu.st,?_it'__A¡park or other public purposes reasonably
acceptable to Applicant within five (5) years after the date of dedication thereof to Eagle.
()¡l(l'fifty percent (5\):>;;) of the total area of the Park Site has beençJçyd~ml~(J,JJ)Ç
re\t:rsionarv interest is extinguished.
5. The dedication shall be subject to a reservation of a public road right-of-way of up
to 100 feet in width along the southerly boundary of the Park Site as generally depicted in
Exhibit A attached hereto for a public road connection to the east.
C. In the event Eagle shall desire to develop the Park Site (or a portion thereof) for a use
approved by Applicant pursuant to the provisions of subparagraph B.3., above prior to the
Page 19 of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-5-02 ccf.doc
completion of construction of a public road as described in subparagraph B, above, Eagle may so
advise Applicant thereof in writing and Applicant shall dedicate to Eagle the portion of the Park
Site which Eagle intends to develop and shall provide Eagle a temporary easement for access
thereto, subject to the following:
1. The location of the temporary access easement shall be reasonably determined by
Applicant.
2. Applicant shall, within 120 days of Eagle's request therefore, weather permitting,
rough grade a 2QJ\)QL\\::içtçJemporary roadway in the temporary easement area. Eagle
shall be responsible for all other necessary roadway improvements as may be approved by
Applicant, such approval not to be unreasonably withheld.
3. Eagle shall be responsible for the maintenance and repair of the temporary
roadway and shall provide for dust abatement thereon.
4. Applicant may, at its cost, relocate the temporary roadway, provided that such
relocation shall not materially interfere with access to the Park Site.
5. The temporary easement, or any unnecessary portions thereof, shall terminate as
construction of a public road providing access to the Park Site is completed.
6. Eagle shall defend, indemnify and hold Applicant and its directors, officers,
agents, employees, successors and assigns harmless from any and all claims, actions,
causes of action, damages or liabilities of any description ("Claims") arising out of or in
any manner connected with the use of the temporary easement and roadway, except
Claims arising out of the intentional or willful misconduct of Applicant and its directors,
officers, agents, employees, successors and assigns.
D. Applicant's dedication of the Park Site shall include any and all water rights and/or water
shares or certificates evidencing the same, which are appurtenant to the Park Site, the amount or
number of which shall be calculated on a proportionate basis with the rights appurtenant to the
Property; provided that Eagle shall be responsible, at its sole cost and expense, to (a) deliver
irrigation water to Applicant's property at the western boundary of the Park Site at such locations
as may be required for the continued flood irrigation of Applicant's property, it being understood
and recognized that Applicant presently has a right to receive irrigation water at three locations
along the eastern boundary of the Park Site and, unless otherwise agreed, will require delivery of
irrigation water at three locations westerly thereof in the locations depicted on Exhibit D attached
hereto; and (b) to take such action as may be required in order to prevent irrigation and other
surface water from flowing, migrating or draining onto the Applicant's property located westerly
of the Park Site. Applicant shall not sell or otherwise transfer any water rights/shares appurtenant
to the Park Site prior to its dedication to Eagle nor shall Applicant impair or impede the existing
works which deliver irrigation water to the Park Site.
E. 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 Applicant's donation (and, if applicable,
development) of the Park Site as set forth herein, and Eagle shall cooperate with Applicant in
seeking any such tax benefits.
Page 20 of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-5-02 ccf.doc
F. In the event Eagle shall desire to develop the Park Site (or a portion thereoO for a use
approved by Applicant pursuant to subparagraph B.3., above, Applicant shall, within 120 days of
Eagle's request therefore, weather permitting, provide rough grading and general contouring in
conformance with such approved plans on a phase by phase basis as the Park Site is developed.
Nothing contained herein shall be construed to require Applicant to construct any improvements
beyond rough grading and general contouring, including but not limited to irrigation or drainage
facilities nor shall Applicant be obligated to import any material to the Park Site in order to
perform such rough grading and general contouring.
3.20 Considerations specifically regarding gravel extraction operations and stub streets to
adjacent properties will be addressed as part of the City's review of any preliminary and final plat
applications for the property.
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.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on January 21,
2003. 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 January 16, 2003.
3. The Council 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. While changes in
traffic conditions occur with all types of development (whether residential or commercial), the Council
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.
4. The Council 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:
Page 21 of22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-S-O2 ccf.doc
a. The requested zoning designation of MU-DA (Mixed Use with Development
Agreement) is in accordance with the Mixed Use classification as herein determined 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 both residential and commercial uses 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 100-foot wide landscaped area abutting the east side
of Eagle Road to act as a buffer to mitigate traffic noise and to provide a transition
between the proposed on site office uses and the existing residential uses to the west;
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 12th day of August 2003.
CITY COUNCIL
OF THE CITY OF EAGL
A County, Idaho
""""""""
~" ..::: BAG '"
~'O~ ~',
~'~ ..,.... ~<i' ~
, A. ...~ .fI.. ~
l,'"'!'" 1l0RA l' ~ . --
:~/o~ ......0:.
. : .~.
: tI - " :
. : -. -..
.. \......:
:ir. c.'C~J':::O:
0:. ..~" ~ " ...... ..
" .. (' -<:<." ....,.. ~
-- ._o[>¡-"'~. '¡"'~ ~ ~
,#. Ó'1' -'" "'~\> "
'" <1 ',... 0.." \. ,..'
'### ./,~ . "~,I
""'1111""
ATTEST:
Page 22 of 22
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02 & A-3-02 & RZ-S-O2 ccf.doc