20070511Buxton affidavit in support.pdf

Bruce M. Smith, ISB # 3425
Susan E. Buxton, ISB # 4041 ~'I:, 7,"MOORE SMITH BUXTON & TURCKE, CHARTERED
LLJI:,
Attorneys at Law
950 West Bannock Street, Suite 520
Boise, Idaho 83702
Telephone: [phone]
Facsimile: [phone]
bms(8)msbtlaw.com
seb(8)msbtlaw.com
ORIGINAL
Attorney for City of Eagle, Idaho
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BEFORE THE IDAHO PUBLIC UTILIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
UNITED WATER IDAHO INC., FOR
AUTHORITY TO AMEND AND REVISE
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY NO. 143 AND FOR
APPROV AL OF A SPECIAL FACILITIES
AGREEMENT WITH A VIMOR LLC
STATE OF IDAHO
)ss.
County of Ada
Case No. UWI-07-
AFFIDAVIT OF SUSAN E.
BUXTON IN SUPPORT OF THE
CITY OF EAGLE'S PETITION
TO INTERVENE
SUSAN E. BUXTON, being first duly sworn upon oath, deposes and says:
I serve as legal counsel for the proposed Intervenor in the above-captioned matter
and I make this Affidavit based upon my own personal knowledge and belief, unless otherwise
stated.
A true and correct copy of the City of Eagle s Staff Report for Avimor LLC'
Application for Comprehensive Plan Map Amendment to Establish a Designation of Foothills
AFFIDAVIT OF SUSAN E. BUXTON IN SUPPORT OF THE CITY OF EAGLE'S PETITION TO INTERVENE - 1
Cluster and Foothills Conservation, CPA-IO-06 and Avimor Sub-Area and map indicating the
City of Eagle s water system extension are attached hereto and incorporated by reference herein
as Exhibit A.
By submission of the application and map referenced in Exhibit A, A vimor LLC
has agreed to limit the geographic area of their Special Facilities Agreement such that it does not
extend westward of the area indicated in the map attached to said exhibit.
FURTHER YOUR AFFIANT SAITH NAUGHT.
MOORE SMITH BUXTON AND TURCKE CHTD
Susan E. Buxton, Of the Fi
Attorneys for City of Eagle
SUBSCRIBED AND SWORN to before me this day of May, 2007.
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AFFIDA VIT OF SUSAN E. BUXTON IN SUPPORT OF THE CITY OF EAGLE'S PETITION TO INTERVENE - 2
CERTIFICATE OF SERVICE
I hereby certify that on the II~f May, 2007, I caused to be served, via hand delivery,
true and correct copies of the foregoing document, to the following:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
jj ewell(8)puc.state.id. us
Weldon Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83702
weldon. stutzman(8)puc .idaho. gov
John R. Hammond Jr.
Batt & Fisher
O. Box 1308
Boise, ID 83701
j rh(8) battfisher. com
Dean J. Miller, Esq.
McDevitt & Miller LLP
420 W. Bannock Street
PO Box 2564
Boise, ID 83701
j oe(8)mcdebitt -miller .com
Susan E. Buxton
Attorney for City of Eagle
AFFIDAVIT OF SUSAN E. BUXTON IN SUPPORT OF THE CITY OF EAGLE'S PETITION TO INTERVENE - 3
EXHIBIT A
UPDATED-STAFF REPORT
CITY OF EAGLE PLANNING & ZONING COMMISSION
May 12 2007
PROJECT:A vimor- A vimor LLc.
FILE NUMBER:CPA-10-
OWNER:First American Title Company (Trustee), confirmed by with the County Assessor
7311 Potomac Drive
Boise, ID 83704
PROJECT REPRESENTATIVES:
Robert Taunton
485 E. Riverside Drive, Suite 300
Eagle, ID 83616
APPLICATION SUMMARY:
CPA-10-06-Comprehensive Plan Map Amendment to establish a Designation
of Foothills Cluster and Foothills Conservation. Avimor. LLC: Avimor, LLC.
represented by Robert Taunton, is requesting a Comprehensive Plan Map Text
Amendment to include +/- 23 320 acres into the Eagle Comprehensive Plan
designating the following land uses: +/- 7 100 acres Foothills Cluster
Development (not to exceed 2 units per acre) and +/- 16 220 acres Foothill
Conservation Development (1 unit per 40 acres). The +/- 22 675-acre site is
generally located from Highway 55 on the east to Willow Creek Road via Big
Gulch on the west, the northern boundary is approximately five (5) miles north
of the Ada/Gem County line, the southern boundary abuts the Connolly and
Kastera properties. Specifically described in the meets and bounds description
on file at the City of Eagle.
LOCATION:The +/- 22 675 -acre site is generally located east and west of Highway 55 on
the east to Willow Creek Road via Big Gulch on the west, the northern
boundary is approximately five miles north ofthe Ada/Gem County line, the
southern boundary abut the Connolly and Kastera properties (see attached map).
NOTICE:Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in the Idaho Statesman on April 28, April 30, and
Thursday May 3, 2007 in accordance for requirements of Title 67, Chapter 65
Idaho Code and the Eagle City ordinances. The site was posted in accordance
with the Eagle City Code on April 28, 2007. Requests for agencies' reviews
were transmitted on April 10, 2007 in accordance with the requirements of the
Eagle City Code.
ATTACHMENTS:Application
Site Maps
Legal Description
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Applicant Letter
Preliminary City Engineer s Letter
Agency Letters
COMPREHENSIVE PLAN DESIGNATION:
Existing: Agricultural/Rural LifestylelPC (Ada County Designation)
Proposed:+/- 7 100 acres Foothills Cluster Development (up to 1-2 units
per acre)
+/- 16 220 acres Foothill Conservation Development (up to 1 unit
per 40 acres)
Overall density not to exceed 2 units per acre.
ZONING:Existing:Rural Residential (RR-County Designation)
Rural Preservation (RP-County Designation)
Planned Community (PC-County Designation)
REVIEWER:
Proposed: No Change Proposed
DO 6
Nichoel R. Baird Spencer, MCRP, AICP, Planner III JY\ ro 11(10+
NOTES:Unlike the M3 application (CPA-06) this application is for a comprehensive
plan amendment only. Applications for Annexation, Rezone and development
entitlements would require new public hearings.
OVERVIEW OF APPLICATIONS & STANDARDS OF REVIEW:
COMPREHENSIVE MAP/TEXT AMENDMENT:
The Avimor project area is located north of the existing area of City impact boundary adjacent to the
proposed M3 site (CPA-06) and on both sides of State Highway 55 in Ada, Gem and Boise Counties.
The property is also contained within the Eagle Foothills Planning area.
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Though the proposed project is not currently within the City's Comprehensive Planning Boundary if
CPA-06 & CPA-06 are approved the proposed area of consideration will be contiguous and available
for annexation under Idaho Code Section 50-222. The applicant is requesting a maximum residential
density of 1 unit per 2 acre gross, including the existing A vimor Development approved by Ada County
in 2005. In addition to the overall residential density the applicant is requesting the following specific
uses:
+/- 7 100 acres Foothills Cluster Development (up to 1-2 units per acre)
+/- 16 220 acres Foothill Conservation Development (up to 1 unit per 40 acres)
According to the Eagle Comprehensive Plan the following questions must be addressed in order to
receive a comprehensive plan amendment:
Pursuant to 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 "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 "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
2. PROCESS:
Normally, under Eagle City Code 8- 7-5(F) within 45 days of the receipt of an application, the Planning
and Zoning Commission would forward the Council its recommendation. Comprehensive Plan
Amendment applications however, are legislative decisions for the City. The normal time lines associated
with zoning applications under ECC 8-5 (F) do not apply. Staff has been working with the applicant to
review information and bring forward the most complete application possible but, due to the size and
complexity of the application, the Planning and Zoning Commission may need additional information
from the applicant prior to making a recommendation on the application.
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3. CONDITIONS OF APPROVAL:
A Comprehensive Plan Amendment is a legislative decision any concerns and or considerations that the
Planning & Zoning Commission feel need to be addressed at the time of annexation and rezone should be
contained within the language of the plan.4. VIMOR COMPREHENSIVE PLAN OVERVIEW:
The proposed site is +/-675 acres currently located approximately 2 miles north of the existing Eagle
Area of City Impact along Willow Creek Road and State Highway 55. The property is located east of
Willow Creek Road and both east and west of State Highway 55. The proposed application is described
by the applicant as two new land use designations for the City. (pg 6-4/26/07 applicant narrative)
Foothills Cluster Development:The purpose of the Foothills Cluster land use district is to create a
land use district that allows clustering of development into neighborhoods and villages surrounded by
and linked with open space areas. The Foothills Cluster land use district allows a full range of uses to
be incorporated as allowed by the planned unit development standards. This area will provide trails
open space, and parks in conjunction with varied housing options and employment. The gross
density of the district is 1 to 2 units per acre with the ability to cluster into higher net densities -
comparable to the Avimor Specific Plan approval. (See Comprehensive Plan Amendment Map)
a. Uses: The uses allowed in this district are broad enough to create a well-rounded
community. Mixed-Use, Commercial, Village Center, and Business Park land uses
would be allowed to help create the villages and reduce commuting. Approximately 35
percent of the Foothills Cluster Development district will be natural open space, formal
parks, and trails. A variety of residential uses is allowed that would range from 1 to 15
units per acre net density while maintaining a gross density of 1 to 2 units per acre. The
higher end of the densities would be in the village centers to support commercial and
community services and truly minimize commuting. In village centers, 25 to 50 percent
of the net acres would be residential uses.
b. Access: Access to the villages, neighborhoods, and surrounding open space will be
provided by a series of arterial connections. Access through Big Gulch will connect
neighborhoods in the western portions of the property with Highway 55. In addition, a
north/south connection will be made stretching from the southeasterly portion of the site
to the north and the Pearl Road. These arterial connections will provide safety and
convenience for the existing and future residents of the foothills.
c. Design: The integration of varying lot sizes and uses should be planned with continuity
of street design, open space, and trails throughout that area. Highway 55 should be
designated as a minor gateway to the City of Eagle with appropriate landscaping, entry
features, and place-making features integrated into the design of the area. A variation
lot sizes, configurations, and housing types shall be created to ensure an attractive
neighborhood for a variety of households and to provide a variety of housing options
within a single neighborhood or development.
Foothills Conservation Development The purpose of the Foothills Conservation land use district is
to allow for the protection of the land as large contiguous areas of open space, agricultural and
conservation-oriented rural residential. The Foothills Conservation land use district becomes the
major open space network through the foothills.
d. Uses: The uses allowed in this district are limited to Public/Semi Public, Agriculture, and
large-lot, conservation oriented residential uses such as Residential Rural and Residential
Estates. Residential uses would be limited to a gross density of no more than 1 unit per
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40 acres with the potential for clustering to smaller lot sizes. Dedicated open space
conservation easements, public recreational access easements, and regional trail systems
will make up the majority of the Foothills Conservation Development area.
e. Access: Access to the dispersed uses in this land use district such as agriculture and
residential will be by individual or shared drives. The design of these would meet strict
driveway standards specific to the foothills. Uses such as open space may require access
drives to trailheads and recreational staging areas. These would meet the standards set
forth in the Eagle Comprehensive Plan.
f. Design: The protection of the rural character is the paramount design concern in this land
use district. Strict hillside development and view protection guidelines, habitat
management policies, and wildfire hazard management will be created to protect these
resources.
The applicant is requesting an overall residential density of I unit per 2 acre gross, including the existing
Avimor Development approved by Ada County in 2005. The inclusion into the City's comprehensive
plan would allow for an annexation and rezone once it is contiguous to the City.
The proposal reflects the content of a Sub area plan within the City of Eagle outlining Goals, policies and
objectives as well as detailing uses, access and design within the two new land use designations.5. EVALUATION OF STANDARDS:
The following section evaluates the application as it compares to the standards established in the Eagle
Comprehensive Plan and Eagle City Code. (Applicant's response in bold and Staff comments are in
italics)
COMPREHENSIVE PLAN AMENDMENT:
The Eagle Comprehensive Plan establishes three findings that must be considered for the adoption of a
Comprehensive Plan Amendment.
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 Ada County Commissioners approved the Avimor Planned Community in
February 2006. Experiences during that process and since have brought the
viability of future planned communities in the foothills into question. The draft Ada
County Comprehensive Plan, North Ada County Foothills Plan, and Ada County
Open Space Plan are ambiguous about their support for planned communities. In
spite of the desirability of presenting and considering the "big picture" concept, the
county has a Planned Community ordinance that makes planning for large, multi-
phased projects difficult. The verbal support for planned communities is not
reflected in the proposed documents.
Eagle has reacted to this ambiguity in foothills planning by deciding to create its
own visioning and planning process. SunCor agrees with the city's process for
planning for the foothills and feels that the city's final product will provide clearer
guidance and a just outcome for all the stakeholders. SunCor sees this application
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for a comprehensive plan amendment as an opportunity to share information they
have with the city, community, and other public agencies, as well as obtain initial
feedback on the plan for the future of Avimor.
The Avimor property is currently located north of the City's planning boundaries and is a new
area for consideration for the City to expand into. The City has, over the past three years, had
concerns with urban style development occurring in unincorporated Ada County in the form
Planned Communities. Under the current Ada County Code, a planned community can occur
anywhere within the unincorporated county when there is 640 acres located outside of an area of
impact. Due to the large property ownerships in the Foothills north of the City, the City has
begun the process of review development opportunities and constraints within this area to
evaluate their impact on the existing city. It is staff's opinion that conditions have changed
significantly since the adoption of the Soaring 2025 Plan in 2004 that the foothills area should be
considered as a future unique development area within the probable boundaries of the City of
Eagle,
The Draft Eagle Foothills plan would provide approximately 211 units or approximately
unit per acres, See table below provided by the applicant:
Avimor Foothills Base Densitv From Eal!le Plan
Densitv
Acres (units/acre)Units
Unconstrained 085 085
Slones 25% +6.SJ3 1~7
Floodwav 364
Hahitat 693 1.339
Total 22675 517 11.'731
150 (25% =300
Community &37.5 AC x
Neil!hborhood Centers 180
Adiustment factor:480
(50% = 30
AC x 6)
SUBTOTAL 12,211
Per a letter dated August 2006 from Ada County Development Services Director Gerry
Armstrong, see attached, the minimum density of a planned community is 8 units per acre net
(gross acres minus open space and parks) with this in mind taking the unconstrained acres and
subtracting a 10% for developed park land (908.5 acres as currently required by Eagle City
Code), assuming the constrained features (13 590 acres) would satisfy the any open space
requirements, the minimum density of the Avimor holdings would be 65,412 five (5) time more
intensive than the proposed City of Eagle Plan and the applicant s request,
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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 following public benefits for the City of Eagle and the surrounding community:
Comprehensive planning for large land area in the foothills: SunCor brings
over +/- 22,675 acres of land forward for the comprehensive plan amendment.
This provides the opportunity for the City of Eagle to review the entire plan in a
regional context instead of relying on piecemeal applications where contextual
analysis is difficult.
Neighborhood & Community Cneters: Instead of perpetuating a land use
pattern of sprawling commercial areas as seen on Highway 44 east of Eagle,
Avimor will promote the opportunity to cluster commercial and residential uses
into centers, providing services and employment for residents and the
surrounding area. The will reduce demands on the regional transportation
system and impacts on existing neighborhoods.
Employment: Instead of a merely residential development where landowners
will likely work in neighboring communities, Avimor has planned for a greater
jobs/housing balance. This will allow residents the opportunity to work within
their community and minimize the amount of commuting. In addition,
cooperative regional economic development planning may provide opportunities
for significant employment and community education programs.
Diversity of housing product: Avimor is designed to be a robust community,
affordable to a range of household incomes. Varied housing products, lot sizes
and configurations, and proximity to services will ensure this goal is met.
Quality design: The design guidelines for Avimor will make certain a high
quality of design and construction.
Protected open space for the purposes of recreation: Currently, many
community members use public and private property for personal recreational
pursuits such as horseback riding, hiking, mountain biking, and hunting.
vimor will permanently protect several thousand acres of land as open space
for recreational enjoyment as part of the larger regional system. Trails, parks,
and access to unique geologic features such as the Rocky Canyon would be
available to the public.
- High environmental management standards: In existing approvals for Avimor,
Sun Cor has committed to many environmental management standards above
regulatory requirements such as water conservation, emuent reuse and
recharge, "no net loss" of habitat, permanent preservation of open space, and
foothills-appropriate site design.
Protected wildlife habitat: Wildlife habitat has been degraded by the use of
much of the property as ranchland. By adoption of a "no net loss" policy on
wildlife habitat, Avimor will ensure that wildlife habitat is actually improved by
development through removal of ranching in development areas and habitat
enhancement.
Infrastructure and service provision: By working with local service providers,
SunCor has committed to substantial infrastructure improvements and
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community service provision during the Avimor Specific Plan process. The
plans for infrastructure and services allowed expansion to accommodate
additional development. The economic analysis for the Avimor Specific Plan
showed that the project not only mitigated impacts to existing infrastructure
and services, but actually provided a net benefit to these organizations. In a
regional context, the services and facilities in Avimor will provide opportunities
for larger, more efficient systems across the foothills and in downstream valley
areas.
Circulation: By allowing a connection through Big Gulch, Avimor will do its
part in providing better east/west regional connections across the foothills. In
addition, continual cooperation with ITD and ACHD will seek long-term
solutions for state highway capacity improvements and funding that will provide
a regional benefit for not only foothills residents, but also for Boise/Gem County
commuters and recreation traffic. This is valuable for both the convenience and
safety of existing and future residents and visitors to the area.
Trail connections: Currently, recreational users of the foothills area ride on
roads or informally established paths throughout the property. All the while,
these trails are in jeopardy of closure at the request of landowners. This
haphazard use of the foothills degrades the environment by dispersing
recreational users throughout the property and sensitive habitat. A more
formalized system of trails through Avimor as a component of a regional system
will ensure lasting availability of this open space as recreational lands and
appropriate protection of sensitive habitat such as riparian areas and shrub
cover.
Regional trailhead: Area residents currently use the Little Gulch area east of
Willow Creek Road as a staging are for recreation. This use will be maintained
in the Avimor Comprehensive Plan Amendment and future planning of Avimor.
The public benefit of the applicant's proposal is that it would allow for the City of Eagle to guide
and review development that will impact the development design and infrastructure of the City
(for land use, parks and interconnectivity). The Avimor property has limited existing roadway
infrastructure with only two roads Highway 16 & Willow Creek Road supporting the
+/-
675
acre site.
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
vim or is currently outside the area of impact for the City of Eagle. Therefore, the
City's policies do not address the subject property. Without the inclusion of the
Avimor property in the comprehensive plan, future annexation would be unlikely.
The City of Eagle has indicated that they would prefer to participate and direct
foothills development instead of reacting to what the county decides for the area.
The options for the developer are to develop in unincorporated Ada County in 10 40 acres
parcels or file for a planned community application that may look similar or more intensive than
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this application. Though City staff aggress that the need to change the plan is warranted and the
proposal is in keeping with the proposed Eagle Foothills Plan the extent of the change, land uses
and intensities, are policy decisionfor the City Council.
By including all of Avimor
+/-
675 acres into the Eagle Comprehensive Plan versus only the
acreage within the Planning area west of Highway55, east of Highway 16 the potential units
increases to 241 from 836 or approximately 6,400 units on 17 000 acre(J unit per acres),
37% increase,
Foothills Base Density
Acres Density (units/acre)Units
Unconstrained 265 265
Slopes 25%+163 286
Floodway 210
Habitat 964 504
BLM 398
Total 49,000 22,055
Community & Neighborhood
Centers Adjustment factor:690.2186
, ,
;0'
Potential Units:
Gross Density:
24,241
Foothills Base Densitv w/o Avimor Extra Area
Density (units/acre)
Acres Units
Unconstrained 965 965
Slopes 25%+463
Floodwav 210
Habitat 964 593
BLM 398
Total 32,000 15,650
Community & Neighborhood
Centers Adjustment factor:690 186
Potential Units:
Gross Density:
17,836
The applicant has addressed the high level policy issues regarding their conceptual development within
the Foothills. The larger question to be addressed is how the proposal compares to the existing broad
goals and policies within the Eagle Comprehensive Plan.
Purpose of the Eagle Comprehensive Plan is to promote the health, safety, and general
welfare of the people of the City of Eagle and its Impact Area as follows (2000 Eagle
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Comprehensive Plan 1.
To protect property rights and enhance property values.
To ensure that adequate public facilities and services are provided to the people at
reasonable cost.
To ensure that the economy of the City of Eagle and its Impact Area are protected
and enhanced.
To ensure that the important environmental features of the City and its Impact
Area are protected and enhanced.
To encourage urban and urban-type development within the incorporated city.
To avoid undue concentration of population and overcrowding ofland.
To ensure that the development of land is commensurate with the physical
characteristics of the land.
To protect life and property in areas subject to natural hazards and disasters.
To protect fish, wildlife, and recreation resources.
To encourage local school districts to participate in the community planning and
development process so as to address public school needs and impacts on an
ongoing basis.
Vision for the City of Eagle (2000 Eagle Comprehensive Plan 1.3):
known as a highly livable town that successfully balances many of the rural
elements of its heritage with growth;
interconnected with user-friendly pathways and roadways;
economically strong with a distinct downtown economic center;
providing diversified employment and housing opportunities for all economic
groups;
an environmentally aware community with distinctive open space, parks and
outdoor recreation;
an economically strong city, that fosters local businesses and clean industry;
a community committed to its support for children and families; and
a unique community that maintains its rural residential feel in the midst of the
Treasure Valley.
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Sustainability at build out (2025): Ensure the ability for the city to continue to
fund, improve and support itself, including infrastructure and parks, without the
use of building permit fees, impact fees and zoning fees.
Identify "Activity Centers : Identify areas that due to the nature of existing uses
future uses and/or transportation corridors will lend themselves to increased
activity and non-residential use so to preserve larger areas as primarily residential
neighborhoods.
Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve
the function of regionally significant roadways through the
City while ensuring compatibility with land uses and design standards of
the City.
Increased Employment Opportunities: Identify areas that will provide
significant employment opportunities to the residents of the City of Eagle
thereby allowing the City to be a place to live, work, and recreate.
Policy questions to be considered:
1) What density of residential uses should be planned for?
The applicant is proposing the overall residential density of unit per acres with higher
intensity areas located within clustered areas and "Center . Staff supports this concept
overall if the criteria in the policies of the Eagle Foothills plan applies to the location and
sizing of these clusters and centers.
2) Should residential density be calculated as a gross calculation or should non-residential uses
be removed? The current plan excludes residential densities for commercial, office, open
space and retail uses.
The applicant is proposing that the density within the development be limited based upon the
capability analysis they have completed for the site specifically slope and visibility, wildlife
and, habitat. Providing for two density categories:
FoothUls Cluster Development (up to units per acre) -A new urban designation in this
area
FoothUls Conservation Development (up to unit per 40 acres) Commensurate with the
existing Densities within the area
Staff supports the use of a graduated density system but would recommend designating the
property as "Foothills Residential" as proposed in the Eagle Foothills Plan and using the
terms of "Foothills Cluster " and "Foothills Conservation " within a sub-area text for the
Avimor property, (See attached Sub-area text)
3) How should the density in the Foothills relate to the overall density of the existing city?
Existing Eagle Comprehensive Plan Densities
2000Plan 1.04 units per acre gross
2025 Plan 1.80units per acre grossOverall 1.26 units per acre gross
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The proposed density (lunit per acres) is below that of the existing city but is it
appropriate given the vision of the City of Eagle?
4) Should the applicant be required to restrict or limit the uses within non-residential areas
through the sub-area planning process similar to the Soaring 2025 Plan? The 2025 Plan
within each sub -area discussed the desired mixture of uses and removed use that were less
desirable or more intensive.
Staff feels the identification of centers by the applicant, see attached map, has limited the
types, intensity and location of non-residential uses on the site and is in keeping with the
Community and Neighborhood centers as proposed within the draft Eagle Foothills Plan and
sub-area text.
5) Should the applicant delineate the acres/square feet of non-residential uses in the Mixed Use
and Village Center areas? The Soaring 2025 Plan established 3 levels of commercial centers
(neighborhood, community & regional. (Page 53 of 57 of the Western Area Plan)
Staff feels the identification of centers by the applicant, see attached map, has limited the
types, intensity and location of non-residential uses on the site and is in keeping with the
Community and Neighborhood centers as proposed within the draft Eagle Foothills Plan and
sub-area text.
6) When should applicants enter into water MOU with the City and file for water rights with
IDWR? Per Eagle City Code 6-23(c) as a condition of annexation and or development a
land owner shall secure sufficient municipal water rights to serve the project.
The applicant is proposing to split the water service area within the +22 675 acre area, see
attached map. Current City Ordinance require that development within the City Connect to
the City Water System unless otherwise specified clarification of the proposed service area
should be addressed in the Eagle Municipal Water Master Plan.
Comprehensive Plan designations are guides for future development and do not provide
entitlements for landowners. The City as directed by the Comprehensive Plan and City
Ordinances will require through the re-zone process, via a development agreement, either
proof of water availability or the process for establishing water availability prior to the
platting of property.
7) How should mass grading be regulated within the City? Currently the City of Eagle does not
have a hillside development ordinance nor do we issue grading permits for development
within the City.
The adoption of hillside development and grading ordinances has been identified as
implementation measure for the foothills plan. Since this is only an application for a
comprehensive plan amendment any implementing ordinances that may result from the
foothills plan would be applied to future rezones within the area,
8) If "gross density" is used for comprehensive planning purposes how/when in the
development process should the density of individual development areas be regulated?
Should the Comprehensive plan address the relationship between land capability (floodway,
slope, etc.) and density?
Though the applicant is proposing a gross density calculation based upon two land use
categories, Foothills Cluster and Foothills Conservation, the overall intensity of
development is compatible with the constraints based approach within the Eagle Foothills
Plan. The applicant has provided the following analysis that illustrates compliance with this
standard:
Page 12 of 14
K:\Planning Dept\Eagle Applications\CPA\2006\CPA-IO-O6 Stf2.doc
Avimor Foothills Base Densitv From EaDie Plan
Densitv
Acres (nnits/aere)Units
Unconstrained 085 9085
Siones 25% +6.533 1.307
Floodwav 364
Habitat 693 1.339
Total 22.675 517 11.731
150 (25% =300
Community &37.5 AC x
Neiehborhood Centers 180
Adjustment factor:480
(50% = 30
AC x 6)
SUBTOTAL 12,211
9) Should the City regulate single family and multi-family uses at the comprehensive plan
level? The 2000 Comprehensive Plan contains a zoning matrix which correlates to the zoning
designations in ECC 8-2 which limit multifamily units in A-R through R-
The drafting and adoption of specific foothills zones and Planned Unit Development
Standards has been identified as implementation measure for the foothills plan. Since this is
only an application for a comprehensive plan amendment any implementing ordinances that
may result from the foothills plan would be applied to future rezones within the area.
10) Should sub-area planning areas be regulated in size? Sub-planning areas were established in
the Soaring 2025 Plan to enable the City to better discuss the integration of uses within
specific areas of the City. The Soaring 2025 sub-planning areas were limited to
approximately 2 000 acres.
Staff requests that the applicant look to identify smaller sub-areas within their proposal for
future specific plan and platting. Providing more detail as to the location and the mixture of
uses and development intensities within "cluster areas and centers " in the Foothills
Clustered Development desingation. Further, identify the location of housing units within
the Foothills Conservation Development area providing details about the size of lots and
how the area will promote a "no net loss ofhabitat
11) How should the comprehensive plan direct open space preservation? During the Community
Visioning the public expressed a desire for regional open space should conservation
easements, dedication to the City, or HOA's be used to retain and manage open space?
The applicant states that the intent of the designation is to "protected open space for the
purposes of recreation: Currently, many community members use public and private
property for personal recreational pursuits such as horseback riding, hiking, mountain
biking, and hunting. Avimor will permanently protect several thousand acres of land as open
space for recreational enjoyment as part of the larger regional system. Trails, parks, and
access to unique geologic features such as the Rocky Canyon would be available to the
public. How will this be done? How will large open space areas be maintained Preserved
for the benefit of habitat and wildlife? The applicant should draft sub-area policies to guide
this intent, The Eagle Foothills plan establishes a minimum of 40% of the gross site area be
dedicated as open space. Though the applicants proposal of "no net loss " achieves this the
Page 13 of 14
K:\Planning Dept\Eagle Applications\CPA\2006\CPA-1O-O6 Stt2.doc
applicant should illustrate their ability to meet the goals of the Foothills Sub-area and the
Natural Features and Open Space Chapters.
STAFF RECOMMENDATION FOR THE CPA:
Staff recommends approval of the proposed application and recognizes that the applicant has provided
significant language to support their application and feels that a large portion of that language should be
drafted into an "A vimor" sub-area, similar to those located within the Soaring 2025 Plan, with the broad
goals and principles for the development included (see page 1 &2 of the applicant's letter). Further
within the sub-area smaller planning areas should be detailed delineating the overall land use, Foothills
Cluster or Foothills Conservation, and providing and understanding of the intensity of residential and
non-residential development as detailed within the Eagle Foothills Plan. (See staff's recommend sub-area
text)
Page 14 of 14
K:\Planning Dept\Eagle Applications\CPA\2006\CPA-lO-O6 Stf2.doc
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