Findings - PZ - 2015 - RZ-28-06 MOD & PP-02-15 - Da Mod/Crossley Park Subd/33-Lot/6.77 Acre Site/3391 W. Flint Drive BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION,DEVELOPMENT )
AGREEMENT IN LIEU OF A PUD,AND )
PRELIMINARY PLAT FOR CROSSLEY )
PARK SUBDIVISION FOR GREG HALL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-28-06 MOD &PP-02-15
The above-entitled development agreement modification, development agreement in lieu of a PUD, and
preliminary plat applications came before the Eagle Planning and Zoning Commission for their
consideration on May 18, 2015, at which time public testimony was taken and the public hearing was
closed. The Commission made their recommendation at that time. The Commission, having heard and
taken oral and written testimony, and having duly considered the matter, makes the following Findings of
Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Greg Hall, represented by Tim Mokwa with KM Engineering, LLP, is requesting a development
agreement modification (development agreement in lieu of a PUD), and preliminary plat approval
for Crossley Park Subdivision, a 33-lot(32-buildable and 1-common)residential subdivision. The
6.77-acre site is generally located on the south side of W. Flint Drive at 3391 W. Flint Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Big Star Coffee located at 84 North Fisher Park Way, Eagle,
at 6:00 PM, Tuesday,February 24, 2015, in compliance with the application submittal requirement
of Eagle City Code. The applications for these items were received by the City of Eagle on March
19, 2015.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on April 27, 2015. 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 April 22, 2015. Requests for agencies'
reviews were transmitted on March 23, 2015, in accordance with the requirements of the Eagle
City Code. The site was posted in accordance with the Eagle City Code on May 8,2015.
D. HISTORY OF PREVIOUS ACTIONS:
On April 10, 2007, the City Council approved applications for a rezone with a development
agreement and a preliminary plat for Symphony Square Subdivision(RZ-28-06/PP-22-06).
On April 15, 2008, the City Council approved an extension of time for the preliminary plat for
Symphony Square Subdivision to be valid until April 10, 2009(EXT-03-08).
On April 28, 2009, the City Council approved an extension of time for the preliminary plat for
Symphony Square Subdivision to be valid until April 10,2010(EXT-02-09).
On May 24, 2010, the City Council approved an extension of time for the preliminary plat for
Symphony Square Subdivision to be valid until April 10,2011 (EXT-02-10).
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E. COMPANION APPLICATIONS:All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential R-3-DA(Residential with a Residential subdivision—
development agreement) Flint Estates
Proposed No Change MU-DA(Mixed Use with a Single family residential
development agreement in development
lieu of a PUD)
North of site Transitional Residential A-R(Agricultural- Single-family residence
Residential)
South of site Mixed Use MU-DA(Mixed Use with a Commercial subdivision
development agreement) (Arts West Subdivision)
East of site Residential One R-1 (Residential—one unit Residential subdivision—
per acre) Colony Subdivision
West of site Mixed Use MU-DA(Mixed Use with a Commercial subdivision
development agreement) (Arts West Subdivision) ,
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site—6.77-acres
Total Number of Lots—33
Residential—32
Commercial—0
Industrial—0
Common— 1 (a portion of which contains a private street)
Total Number of Units—32
Single-family—32
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 4.73-dwelling units per acre Limited within the Park Lane
Planning Area sub-area plan
beyond the general Mixed Use
allowance.
Minimum Lot Size 4,077-square feet 5,000-square feet
Minimum Lot Width 41-feet 50-feet
Minimum Street Frontage 12-feet 35-feet
Total Acreage of Common Area 2.6-acres(2.03-acres landscaping 1.35-acres
and 0.57-acres private street)
Percent of Site as Common Area 30%* 20%
Except that,according to ECC
Section 9-3-8(C)the City may
require additional public
and/or private park or open
space facilities in PUDs or in
subdivisions with 50 or more
lots.
*Note—Percentage of proposed common area based on common area not inclusive of private street.
GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The western property line will be located adjacent to North Fisher Park Way which is classified as
a collector. Pursuant to Eagle City Code, Section 8-2A-7(J)(4)(a) a thirty-five foot (35') wide
buffer area with a minimum five to eight foot(5' to 8')high berm, decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be
provided within the buffer area.
Open Space:
A total of 2.60-acres (inclusive of 0.57-acres of private street area measured from back of curb to
back of curb) of open space is proposed within the residential subdivision. The common lots
minus the private street lot is 2.03-acres in size and consists of one(1) common lot. The common
lot area located outside of the private street is proposed to contain landscaping, six-foot (6') wide
pedestrian pathways,and a drainage facility for the private street.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the fmal plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement,and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
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Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide, except
that lesser easement widths, to coincide with respective setbacks, may be considered as part of a
planned unit development (PUD). The property has a MU-DA (Mixed Use with a development
agreement) zoning designation and the applicant is requesting a development agreement
modification to utilize the existing development agreement in lieu of a PUD pursuant to Eagle City
Code.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System(yes or no)—Unknown
The original dwelling (removed) was served by a septic system located on the property. It is
unknown if the septic system was properly abandoned. The applicant will be required to provide
confirmation from Central District Health Department indicating if the septic system was
abandoned.
Pressurized Irrigation:
The development will have a pressurized irrigation system with water supplied by the Ballentyne
Ditch Company. The applicant submitted a pressurized irrigation report that meets the
requirements of the City of Eagle Pressure Irrigation Standards(EPIS).
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the
subdivision. The site has mature trees centrally located on the site located approximately 200-feet
of the terminus of West Flint Drive.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
J. STREET DESIGN:
Private or Public Streets:
The applicant is proposing to extend North Fisher Park Way to West Flint Drive and construct
private streets internal to the development. The preliminary plat, date stamped by the City on
March 19, 2015, shows the North Fisher Park Way road section consisting of a fifty-foot (50')
wide right-of-way inclusive of a forty-foot(40') wide roadway section (as measured from back of
curb to back of curb), six-inch (6") high vertical curbing, and an attached five-foot (5') wide
sidewalk located on the east side of the road. The sidewalk located on the west side of the road is
already existing.
The applicant is proposing to construct private streets internally located within the development.
The private street section shows a varied width road section inclusive of a twenty-one foot (21')
wide roadway section(as measured from back of curb to back of curb)with rolled curb and gutter.
The private street section also shows a five-foot (5') wide attached sidewalk located on one (1)
side of the street.
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Applicant's Justification for Private Streets:
The applicant has not provided a justification for the request for private streets.
Blocks Less Than 500':None
Cul-de-sac Design:
No cul-de-sacs are proposed.
Sidewalks:
The applicant is proposing five-foot(5') wide detached sidewalks to be located adjacent to North
Fisher Park Way and an attached five-foot(5')wide concrete sidewalk is proposed on one(1)side
of the private street.
Curbs and Gutters:
Six-inch (6")vertical curbing is proposed on both sides of North Fisher Park Way and rolled curb
and gutter are proposed for the interior private streets.
Lighting:
Lighting for the proposed private streets is required. Location and lighting specifications shall be
provided to the City Zoning Administrator prior to the City Engineer signing the final plat.
Street Names:
Street name approval by the Ada County Street Naming Committee has not been received to date.
Approval from that committee is required prior to final plat approval.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
See"Open Space and Sidewalks"above.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement,as may be specified by the City Council.
L. PUBLIC USES PROPOSED:None proposed
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—Yes—Centrally located on-site between 200-300 feet east of West Flint Drive.
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
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O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments,which appear to be of special concern,are noted below:
City Engineer: All comments within the engineer's letter dated April 16, 2015, are of special
concern(attached to the staff report).
Ada County Highway District
Ballentyne Ditch Company
Ballentyne West Lateral Users Association
Central District Health
Eagle Fire Department
Republic Services
Tesoro Logistics(formerly known as Chevron Pipe Line)
Q. LETTERS FROM THE PUBLIC(attached to the staff report):
Email correspondence received from Tom Ricks dated April 6,2015
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 (adopted February 10, 2015), designates this site as the
following:
Transitional Residential
Residential development that provides for a transition of density within the planning area while
keeping in context the density, scaling and lot sizes of existing or proposed uses. Commonly
requires changes in lot dimensions and scaling,see specific planning area text for a complete
description.
Chapter 6—Land Use
6.8.1 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community commercial,
professional office,and a variety of residential densities. The vision for the area is to recognize
the activity center created by Eagle High School and existing development approved by Ada
County and to provide compatible land uses at densities that accommodate pedestrian scale
design and future mass transit.
A. Uses
The land use and development policies specific to the Park Lane Planning Area include the
following(reads in part):
3. Flint Drive shall be preserved primarily as a residential street while properties abutting
State Street should include a mix of residential uses, commercial uses limited to lease
spaces no larger than 30,000 square feet and office uses that promote trip capturing.
The properties abutting State Street shall be reviewed and conditioned by the City
through the use of a development agreement at the time of rezone.
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5. The land use for the properties north of Flint Estates and extending to Floating Feather
Road is Transitional Residential to ensure compatible residential lot sizing adjacent to
the Colony Subdivision. Extending east to west,ensuring compatibility with the 1 acre
lots in the Colony Subdivision, densities in the area will increase to a maximum of 3
units per acre near the high school.
B. Design
1. Flint Estates Area:
a. The Flint Estates area adjacent to State Highway 44 should be designed to
provide commercial uses that encourage pedestrian circulation from the
residential and high school areas, and to complement the existing mixed use
areas at State Street and Park Lane (Camille Beckman) and planned new
residential uses adjacent to the north.
g. Transitional residential densities and design elements (berms, fences, etc.)
should be used to provide buffering to residential areas to the east and north
of the mixed use area.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-2-1: Districts Established:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office, limited commercial, and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure
assemblage of properties in a unified plan with coordinated and harmonious development
which shall promote outstanding design without unsightly and unsafe strip commercial
development. Uses should complement the uses allowed within the CBD zoning district. All
development requiring a conditional use permit in the MU zoning district, as shown in section
8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in
accordance with chapter 6 or 10 of this title unless the proposed development does not meet
the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative
development, in conjunction with adjacent parcels (to meet the minimum area requirements),
shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed
use is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter.
Residential densities shall not exceed twenty (20) dwelling units per gross acre. When a
property is being proposed for rezone to the MU zoning district, a development agreement
may be utilized in lieu of the PUD and/or conditional use process if approved by the city
council, provided the development agreement includes conditions of development that are
required during the PUD and conditional use process.
• Eagle City Code Section, 8-2-4 Schedule of Building Height and Lot Area Requirements:
Zoning Maximum Front Rear Interior Street Maximum Lot Minimum Lot Area(Acres Or Minimum
District Height Side Side Covered Sq.Ft.)G And H* Lot
Width I*
MU 35' 20' 20' 7.5' 20' 50% 5,000 50'
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
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• Eagle City Code Section 8-2A-7(J)Buffer Areas/Common Lots:
1. Defmition: A transition zone or buffer area consists of horizontal space(land)and vertical
elements(plants,berms,fences, or walls). The purpose of such buffer space is to
physically separate and visually screen adjacent land uses which are not fully compatible
due to differing facilities, activities,or different intensities of use,such as townhouses and
a convenience store,or a high volume roadway and residential dwellings.
4. Major Roadways:New residential developments, including,but not limited to, subdivisions
and multi-family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common
lot located between the residential lots within the subdivision and the right of way line of
the adjacent roadway. This buffer is required as part of the common area open space
owned and maintained by a homeowners' association. Any landscaping proposed to be
within the public right of way shall not be included as a part of the buffer area required
below. The height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway(measured at the centerline)to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet(35')wide buffer area(not including right of way)shall
be provided with the following plants per one hundred(100) linear feet of right of
way: four(4)shade trees, five(5)evergreen trees,and twenty four(24)shrubs. Each
required shade tree may be substituted with two(2)flowering/ornamental trees,
provided that not more than fifty percent(50%)of the shade trees are substituted.
A minimum five foot(5')high, maximum eight foot(8')high, berm,decorative block
wall,cultured stone,decorative rock,or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet(3')horizontal distance to one foot(1')vertical distance. If
a decorative block wall,cultured stone, decorative rock,or similarly designed concrete
wall is to be provided in combination with the berm,a four foot(4')wide flat area
shall be provided for the placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code, Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development(PUD)so as to
provide an enhanced integration of open space and a variety of housing options,the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title,except that a decrease in the minimum lot size
may be allowed if there is an"offsetting increase" of the same square footage in open
space and a favorable finding is made by the council that the smaller lots are appropriately
integrated into the overall design and that the building product type is compatible with the
PUD and surrounding area.
As an incentive to submit a PUD versus a standard subdivision,the initial starting point
for minimum open space,prior to any"offsetting increase"being added, shall be the area
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that is equal to ten percent(10%)of the site. This allowance shall only be permitted under
the following criteria:
1. The total common area open space shall be equal to or greater than twenty percent
(20%), inclusive of the "offsetting increase" square footage.
2. A favorable fmding by the council must be obtained assuring that character, identity
and architectural and siting variation are incorporated into the development and that
these factors make up a substantial contribution to the objectives of the PUD. These
design elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment,
variation in building setbacks and building grouping(such as clustering);and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone
under section 8-2-4 of this title.
• Eagle City Code, Section 8-10-1(G): Modification of a Development Agreement:
Modification Of Development Agreement: A development agreement may be modified by the
city council only after complying with the notice and public hearing provisions of section 67-
6509 of the Idaho Code.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code, Section 9-3-2: Streets and Alleys:
o Section 9-3-2-1: Location and Design:
Streets and road location and design shall conform to the following standards:
I. Private Streets: Private streets that provide access to no more than ten percent(10%)
of the lots may be permitted within planned unit developments provided that the
standards within section 9-3-2-5 of this chapter are met.
• Eagle City Code, Section 9-3-2-5: Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to no more than ten percent(10%) of the
lots within a planned unit development provided the council determines that the private
streets are in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location,topography,or other features of the development or its surroundings such
that private streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks,and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
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4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel
layout.
6. Other than to provide emergency access, the private streets do not connect one public
street to another, thereby encouraging travel through the development served by the
private street.
7. The use or alignment of the private streets does not interfere with the continuity of
public streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada County Highway
District's structural standards for streets including base course and asphaltic concrete
mat thickness utilizing the appropriate traffic index or as may be recommended by the
city engineer and approved by the city council, and shall further be in accordance with
Ada County Highway District's intersection design and drainage requirements, or as
may be recommended by the city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such
design and dimensional requirements as the council may determine are appropriate
considering the proposed use and the site upon which the private streets are to be
placed, however, all private streets shall contain paved travel lanes a minimum of
twelve feet (12') in width (except as noted herein) and shall otherwise provide for the
safe, convenient, and effective movement of both vehicular and pedestrian traffic.
Vertical curbing shall be provided for streets that are less than thirty four feet(34') in
total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including, but
not limited to, designated parking and "no parking" areas, speed, stop, and such other
signs as are required for safe pedestrian and vehicle travel.
5. All private streets shall,during the progress of construction, be inspected and tested, at
the expense of the owner or developer, by a qualified inspector in order to ensure
compliance with the construction and design standards set forth in this section, the
construction drawings as prepared by the registered professional engineer, and good
engineering and construction practices. Reports of such inspections and tests shall be
submitted, together with a certification of such compliance, for the review and
approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public
right of way, or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G
of this chapter and subject to the approval of the Eagle fire district and city
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engineer and provided further that proper maintenance of the island is provided
for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
fire district and the city engineer;or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer, and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared
by a licensed professional engineer in the state in substantial conformance with
engineering and design standards in effect at the time of preparation of the design.
Construction drawings, together with a certification of such conformity, shall be
submitted for the review and approval by the city engineer. No part of this section
shall be construed as allowing a private street that is not in conformance with current
engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more
restrictive standard shall prevail, unless specifically determined otherwise by the city
council.
C. Access And Maintenance Requirements:Provisions shall be made for the future
maintenance of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefor prepared by a licensed professional engineer in the state, together with a
proposed method for funding the same, including, but not limited to, the creation and
maintenance of a reserve fund for that purpose, shall be submitted with the final plat
application for review and approval by the city engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat and
notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
street the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land;and
c. Provide that the restrictive covenant for maintenance of the private street cannot be
modified and the homeowners'/property owners' association or other entity cannot
be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be recorded
at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private street in accordance with the
approved plan as provided for in subsection C 1 of this section. Said restrictive
covenant shall also provide that the said covenant shall run with the land and that the
said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the city.
The said restrictive covenant shall be reviewed and approved by the city attorney prior
to certification and signing of the final plat by the city engineer.
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4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private street approved in accordance
with the provisions of this section to undertake such repair and maintenance activities
as it may determine is necessary to protect the public health, safety, or welfare and
make such expenditures from the funds reserved therefor as may be required thereby;
and the owner or responsible entity shall, as a condition of approval of any such
private street, be deemed to have agreed to comply with any such order and to
reimburse the city all of its costs, including attorney fees, incurred in obtaining or
enforcing any such order. Any order entered by the council pursuant to this subsection
may be enforced by a court of competent jurisdiction and the city shall be entitled to
recover its costs and attorney fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects,conform to all
applicable components of the comprehensive plan.
• Eagle City Code Section,9-3-5: Lots:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height
and area regulations as set forth in section 8-2-4 of this code,except that lot sizes that vary
from the standards within section 8-2-4 of this code may be considered as part of the
planned unit development.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Total easement width shall not be less than twelve feet (12'), except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of
the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 9-3-7: Planting Strips and Reserve Strips:
Planting strips and reserve strips shall conform to the following standards:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed
next to incompatible features such as highways, railroads, commercial or industrial uses to
screen the view from residential properties and to provide noise mitigation for those
residents. Such planting strips/buffer areas shall be a minimum of twenty feet (20') wide
unless a greater width is required within section 8-2A-7 of this code. The landscape
strip/buffer area shall not be a part of the normal street right of way and shall comply with
all landscape/buffer area requirements within section 8-2A-7 of this code.
• Eagle City Code Section 9-3-8(B)Natural Features:
Existing natural features which add value to residential development and enhance the
attractiveness of the community (such as trees, watercourses, historic spots and similar
irreplaceable assets)shall be preserved in the design of the subdivision.
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• Eagle City Code, Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
F. Sidewalk Design:
1. Sidewalks, a minimum five feet(5')wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or
at the building setback line, is over one hundred feet (100'), sidewalks on only one
side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of
curb by a minimum eight foot(8')wide landscape strip. The landscape strip shall be
completed with sod,automatic irrigation,and planted with three inch(3")minimum
caliper shade class trees along all streets within the subdivision. Installation of
landscaping shall be in accordance with section 8-2A-7 of this code. The area within
the eight foot(8')wide landscape strip may be counted toward the minimum required
common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line.
Minor variations to the location of a tree may be considered by the design review
board during the review of the subdivision landscape plan.
5. If sidewalk is required on one side of each street only(as provided for in subsection Fl
of this section),then the trees on the side of the street with no sidewalk shall be placed
within five feet(5')of the edge of roadway.
• Eagle City Code, Section 9-4-1-9: Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units shall be provided with a pressurized irrigation system to
be served with irrigation water unless a waiver, as outlined herein, is approved by the
city council.
2. The requirement for installation of a pressurized irrigation system may be waived by
the city council when the applicant has established that any of the following situations
exist(the sale or transfer of an existing water right shall not be grounds for requesting
a waiver pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the property. The
lack of surface irrigation water right shall be documented in writing by the
appropriate irrigation district or canal company and the department of water
resources and shall be submitted with the subdivision preliminary plat. In this case
a waiver shall only be granted for that portion of the subdivision that cannot be
served.
b. Where an existing surface water right cannot be delivered to the property by an
irrigation district or canal company due to current delivery capacity or scheduling.
In these situations the city council may still require the installation of the pressure
irrigation system, provided water rights can be made available to the property and
delivery system modifications can be made so irrigation water can be supplied
within two(2)years.
c. Where the applicant has provided for another means of delivery such as flood
irrigation, if approved by the city engineer. The applicant shall present the
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KAPluuong Dept\Eagle Applications\SUBS\20151Crossley Pak Sub pi doc
proposed alternative delivery system to the city engineer at the time the waiver is
requested.
d. That due to the specific circumstances surrounding a new subdivision, the cost of
obtaining water rights, reestablishing water rights or developing the system would
impose an undue economic hardship on the developer. For purposes of this
section, an undue economic hardship shall consist of a showing that the cost per
lot to develop the pressurized irrigation system would be twenty five percent
(25%) higher than the cost per lot for providing a pressurized irrigation system to
subdivisions of similar size and density constructed in the city within the previous
two(2)years; or the cost per lot of the pressurized irrigation system would exceed
five percent(5%)of the expected per lot market value of the subdivision.
The developer shall bear the burden of providing documentation,acceptable to the
city engineer and city council, demonstrating and supporting the estimated costs
of construction of the pressurized irrigation system, and the cost per lot for
irrigation systems in those subdivisions built in the last two (2) years as noted
above, and the expected market value of the subdivision lots. For phased
developments, costs will be analyzed over all phases of the development rather
than the first phase only.
3. Should installation of a pressurized irrigation system be waived by the city engineer,as
outlined herein,compliance to Idaho Code 31-3805 is still required.
4. Requests for waivers shall be submitted to the city with the preliminary plat
application and shall be accompanied by an irrigation report,prepared by a licensed
Idaho registered professional engineer, stating the location and availability of surface
irrigation water and documenting the basis for the waiver request. If applicable,the
irrigation report shall be accompanied by a letter from the irrigation district or canal
company stating that water rights and/or a delivery system are not available to the
property.
4. What beneficial or detrimental effect would the development have on the environment
including, but not limited to, animal life, plant life, social concerns, economic, noise,
visual, available farmland and other?
• Eagle City Code Section 9-4-1-12 Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required for
the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats
shall show the location of all buffer areas.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• See Staff Recommendation for Development Agreement Modification (Page 5 of the staff
report).
E. DISCUSSION:
• The Eagle Comprehensive Plan Land Use Map designates the property as Transitional
Residential. The applicant has submitted a development agreement modification and a
preliminary plat application for Crossley Park Subdivision, which consists of 6.77-acres. The
applicant is proposing a 33-lot(32-buildable, 1-common [inclusive of a private street]) single-
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family residential subdivision. The proposed homes will consist of thirty-two (32) attached
units (sixteen [16] buildings) located on thirty-two (32) residential lots. The proposed density
of the development is 4.73-dwelling units per acre. The proposed development provides
building lots ranging in size from 4,077-square feet to 7,243-square feet in size. The property
was previously zoned R-3-DA (Residential with a development agreement) because the
previous applicant received approval for a single-family residential development. The
applicant is requesting a rezone and modification of the development agreement and is
utilizing the development agreement in lieu of a planned unit development. The Mixed Use
(MU) zoning designation requires a minimum lot size of 5,000-square feet. The applicant is
proposing 2.6-acres (2.03-acres landscape and pedestrian pathways and 0.57-acres private
street)of common area.
• The subject site is located within the Park Lane Planning Area sub-area as identified in the
Comprehensive Plan. The Park Lane Planning Area identifies this area should contain
transitional residential densities and design elements (berms, fences, etc.) and should be used
to provide buffering to residential areas to the east and north of the mixed use area. The
preliminary plat, date stamped by the City on May 7, 2015, identifies a common lot located
adjacent to Colony Subdivision. The preliminary plat shows four (4) residential lots with the
rear property line located towards the Colony Subdivision. Although the preliminary plat
shows four (4) lots, those lots will contain two (2) residential attached dwelling units with a
single-family unit located on each lot which will have the appearance of having only two (2)
homes backed up to Colony Subdivision. The applicant's narrative, date stamped by the City
on March 19, 2015, indicates that the homes anticipated to be constructed within the
development will be between 1,500-1,800 square feet in size and will be a single-story. Based
on the proposed square footage of the homes, the maximum size of the dwelling containing
two (2) units would be approximately 3,600-square feet in size. The residential homes located
within the Colony Subdivision are similar in size to the combined dwelling unit size of the
residential dwellings to be located within Crossley Park Subdivision. Also, the proposed
development will be providing a buffer between the homes located within the Colony
Subdivision and a buffer area located adjacent to the commercial area associated with Arts
West Subdivision. Page 1 of 4 of the preliminary plat contains a reference shown under"City
of Eagle Zoning Requirements"that"All lots with the exception of Lots 20-33, Block 1, shall
be restricted to single story construction. In regard to the applicant's narrative indicating the
proposed size of homes and height, a condition of development should be placed in the
development agreement limiting all the homes within the development to single-story in
height.
• The Ada County Highway District approval report, date stamped by the City on April 24,
2015, indicates that North Fisher Park Way is a collector. The preliminary plat, date stamped
by the City on May 7, 2015, shows portions of Lot 1, Block 1, not being thirty-five feet (35')
in width located adjacent to North Fisher Park Way. Pursuant to Eagle City Code, Section 8-
2A-7(J)(4)(a), new residential developments located adjacent to a collector are required to
have a minimum thirty-five foot(35') wide buffer area with a minimum five to eight foot (5'
to 8') high berm, decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall, or combination thereof shall be provided within the buffer area. The applicant
should provide a revised preliminary plat showing the area of Lot 1, Block 1, located adjacent
to North Fisher Park Way to be a minimum of thirty-five feet in width to allow for the required
buffer area to be constructed. The revised preliminary plat should be provided prior to
submittal of a fmal plat application.
• Pursuant to Eagle City Code, Section 9-3-5, lots within any subdivision shall comply in all
respects with the "Official Height and Area Regulations" as set forth in Section 8-2-4. The
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applicant is requesting a MU-DA (Mixed Use with a development agreement [development
agreement in lieu of a PUD]) zoning designation. The required setbacks within the MU
(Mixed Use)zone are as follows:
Front 20-feet
Rear 20-feet
Side 7.5'
Maximum Coverage 50%
The applicant is proposing attached units (duplex) to be located on lots separating each unit.
Since the units will be attached on one (1) side the applicant is requesting a "zero" side yard
setback to facilitate the attached units. Also, the applicant has previously indicated the homes
are proposed to be no larger than 1,800-square feet in size. As shown on the page 3 of 4 of the
preliminary plat, date stamped by the City on May 7, 2015, the applicant is requesting the
following setbacks:
Front 20-feet
Rear 15-feet
Side(attached) 0-feet
Side(unattached) 5-feet
Staff recommends the following setbacks as measured from the property line:
Front 20-feet
Rear 15-feet
Side(attached) 0-feet
Side(unattached) 5-feet
Maximum Coverage 50%
• The preliminary plat, date stamped by the City on February 19, 2015, does not provide a plat
note regarding building setbacks. The applicant should be required to provide a revised
preliminary plat with a plat note that reads, "Minimum building setback lines shall be in
accordance with the Eagle City Zoning Ordinance at the time of issuance of a building permit
or as specifically approved by the conditions of development for the City of Eagle rezone RZ-
28-06 MOD and any subsequent modification(s)."
• The preliminary plat,date stamped by the City on March 19, 2015,does not contain a plat note
referencing the development agreement associated with the rezone (application #RZ-28-06
MOD) of the property. Since the development agreement is being utilized in lieu of a planned
unit development the applicant should provide a revised preliminary plat which includes a new
plat note stating, "All development within this subdivision shall be consistent with the
Conditions of Development of the development agreement associated with RZ-28-06 MOD
and subsequent modifications. The revised preliminary plat should be provided prior to
submittal of a final plat application.
• The site previously had a residential dwelling located on the lot which was served by an
individual well and septic system. It is unknown if either the individual well or septic system
were ever abandon. The applicant should be required to provide documentation from Central
District Health Department indicating the individual well and septic system previously located
on the site were properly abandoned. The documentation should be provided prior to the City
Clerk signing the final plat.
• The preliminary plat, date stamped by the City on May 7, 2015, notes and shows the
subdivision will be served by one (1) way private streets. The applicant did not provide a
justification for the request other than showing private streets on the preliminary plat. The
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Eagle Fire Department provided correspondence, date stamped by the City on April 15, 2015,
which indicated that although the proposed private street is in conformance with the required
street width the department has concerns in regard to no parking on the private streets (based
on width) since the Ada County Sheriff's Office/Eagle Police Department will not be able to
enforce the no parking requirement. The fire department recommended that the street be made
public or be increased in width of the private street to thirty-two feet(32')to allow parking on
both sides of the road and still allow emergency vehicle access. Pursuant to Eagle City Code
Section 9-3-2-5(A), private streets may provide access to no more than 10-percent (10%) of
the lots within a planned unit development provided the Council determines that the private
streets are in compliance with specific standards. Those standards include safe and effective
movement of both vehicular and pedestrian traffic, sidewalks, and parking, private streets do
not adversely affect access to adjacent property and to the area travel networks, private streets
do not land lock adjacent property, the private streets do not connect one public street to
another, and the alignment of the private streets does not interfere with the continuity of public
streets. Staff will defer to the Commission and Council regarding the approval of this request.
Should the Council approve the development with private streets,the applicant should provide
a revised preliminary plat which contains a plat note that: 1) conveys to each lot owner within
the subdivision to be served by the private street the perpetual right of ingress and egress over
the described private street, 2)provide that such perpetual easement shall run with the land, 3)
provide that the restrictive covenant for maintenance of the private street cannot be modified
and the homeowners'/property owners' association or other entity cannot be dissolved without
the express consent of the City. The revised preliminary plat should be provided prior to
submittal of a final plat application.
• The preliminary engineering plan (page 4 of 4 of the preliminary plat), date stamped by the
City on May 7, 2015, shows the private streets to be gated at the ingress and egress points
connecting to North Fisher Park Way. The correspondence provided by Eagle Fire
Department, date stamped by the City on April 15, 2015, does not address the gated area of
the private streets. In the event gated private streets are approved the applicant should be
required to provide correspondence from the Eagle Fire Department approving the location
and style of the private street gates prior to the City Clerk signing the final plat.
• Plat note #6 of the preliminary plat, date stamped by the City on May 7, 2015, indicates that,
"Lot 1, Block 1 is a common lot and shall contain a blanket ingress/egress easement in favor
of Lots 2-33, Block 1." Lot 1, Block 1, encompasses all of the common area for the
subdivision. As previously discussed, private streets are being proposed within the
subdivision. The areas associated with the private streets is not calculated as part of the
required open space. Also, if the private streets are approved the applicant will be required to
provide an operation and maintenance manual for the repair and replacement of the asphalt
associated with the private street. The applicant will also be required to provide an operation
and maintenance manual for all of the common landscape areas in the subdivision regarding
keeping the landscaping in a competent and attractive manner, including the watering,
mowing, fertilizing and caring for shrubs and trees. Since both operation and maintenance
manuals will require a separate funding mechanism for the operation and maintenance of those
amenities the applicant should provide a revised preliminary plat showing the private streets to
be located on a separate lot from the landscaped common area to provide clarity in regard to
the operation and maintenance of private streets and landscaped common areas.
• The Ballentyne Ditch Company and Ballentyne West Lateral Users Association both provided
correspondence in regard to their respective irrigation facilities located on the subject property.
The applicant should be required to comply with both entities requests for improvements to
their respective facilities.
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• The preliminary engineering plan, date stamped by the City on May 7, 2015, shows a typical
21-foot wide street section (measured from back of curb to back of curb)with rolled curb and
gutter. Pursuant to Eagle City Code, Section 9-3-2-5(B)(2), vertical curbing is required for
streets less than 34-feet in width. Should the private streets be approved the applicant should
provide a revised preliminary engineering plan containing a typical street section showing the
private streets to be bordered by vertical curbing prior to submittal of a fmal plat application.
• The preliminary plat, date stamped by the City on May 7, 2015, shows the road section for
North Fisher Park Way with an attached five-foot(5') wide sidewalk located on the east side
of the road. Pursuant to Eagle City Code Section 9-4-1-6(F)(3) sidewalks are required to be
separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot
(8') wide landscape strip. The applicant should be required to provide a revised preliminary
plat with the road section for North Fisher Park Way showing the sidewalks to be separated
from the back of curb by a minimum eight foot (8') wide landscape strip. The revised
preliminary plat should be provided prior to submittal of a final plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested development
agreement modification, development agreement in lieu of a PUD, and preliminary plat with conditions of
approval as 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 May 18,
2015, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by five(5) individuals who indicated:
• The proposed density is too high for the area due to the size of the lots and density within The
Colony Subdivision located east of the subject property.
• Due to the smaller lots and two-family dwellings located adjacent to The Colony Subdivision the
homes located within The Colony Subdivision may be reduced in value.
• The proposed development does not provide a good transition of lot sizes in proximity to The
Colony Subdivision located east of the subject property.
• The applicant lacks vision for the area and the proposed change in transition is too abrupt.
• The proposed development will increase the traffic in the area.
• The turning radius of the proposed private streets is not adequate.
• The applicant should only be permitted to have single-family dwellings within the development.
• One (1) of the individuals indicated the site posting signs were hidden and there was a lack of
notification of the adjacent neighbors.
• Concerned by location of the pressurized irrigation pump house and the noise that would be
generated from the pump house.
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D. Oral testimony neither in opposition nor in favor of the application was presented to the Planning and
Zoning Commission by one (1) individual who indicated they are happy the applicant is willing to
follow the recommendations of the Ballantyne Ditch Lateral User's Association regarding tiling the
lateral located on the property.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The proposed development provides a good transition between the residential development located to
the east and the commercial development located to the south and west of the proposed development.
• With appropriate landscaping the transition between uses will be fine.
• One (1) Commissioner has a concern regarding the transition between the proposed two-family
dwelling units and the single-family residential one(1)acre lots to the east.
• Will need to ensure that an adequate funding mechanism is in place for the operation and maintenance
of the proposed private streets.
• Providing a transition between a subdivision with one (1) acre lots and a commercial subdivision is
difficult.
• The subdivision should be relatively quiet since the proposed style of development will attract retired
individuals due to the size of the lots, gated community, and the higher HOA dues to maintain the
amenities.
COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT
MODIFICATION AND DEVELOPMENT AGREEMENT IN LIEU OF A PUD:
The Commission voted 3 to 0 (Koellisch and Villegas absent) to recommend approval of RZ-28-06 MOD
for a development agreement modification and development agreement in lieu of a PUD for Crossley Park
Subdivision for Greg Hall, with the following staff recommended conditions of development to be placed
in an Amended and Restated Development Agreement:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding design review,
preliminary and final plat reviews, condominium plat reviews and/or any conditional use permits,
if applicable, and any other applicable applications as may be required by the Eagle City Code,
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 Concept Plan(Exhibit B)represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.3 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries. The applicant shall
also provide documentation from Eagle Sewer District approving the final construction plans prior
to submittal of the final plat application. 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,that the installed system is approved prior to issuance of any building permits.
3.4 As provided by the applicant, the architecture as shown on Exhibit "D" shall be the required
architecture standard for the development. To assure compliance with this condition,the applicant
shall create an architectural control committee (ACC) as a component of the development's
CC&R's. Provisions regarding the creation and operating procedures of the ACC shall be included
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in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of a
condominium plat or issuance of a zoning certificate,whichever occurs first.
The submittal of a building permit application to the City for all buildings within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permit applications that do not have an approval letter attached will not be accepted.
3.5 The owner shall submit a Design Review application for the site (as required by Eagle City Code)
and shall comply with all conditions required by the City of Eagle as a part of the Design Review
prior to submittal of a fmal plat application.
3.6 The conditions, covenants,and restrictions for the Property shall contain at least the following:
(a) Provide that the association(s) shall have the duty to maintain and operate all of the common
landscape areas in the subdivision in a competent and attractive manner, including the
watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City
Code, in perpetuity.
(b) A maintenance manual for the private streets requiring the association(s)shall have the duty to
maintain and operate all of the private streets including the repair and replacement of asphalt
and sidewalks, in perpetuity.
(c) A requirement that no parking is allowed on the private streets and a mechanism for the
enforcement of the no parking requirement.
(d) A requirement that in the event any of the CC&R's are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&R's are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&R's unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule,regulation, law or ordinance.
3.7 The Concept Plan shows the locations for all buildings within the development. The Setbacks shall
be as follows:
Front 20-feet
Rear 15-feet
Side(attached) 0-feet
Side(unattached) 5-feet
Maximum Coverage 50%
All residential homes shall be single-story(as shown on Exhibit"D").
3.8 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of a Design review application. The plans shall show how the
lights will facilitate the"Dark Sky"concept of lighting.
3.9 Owner shall comply with all requirements of the Ballentyne Ditch Company as outlined in the
provided correspondence,date stamped by the City on April 6,2015.
3.10 Owner shall provide a License Agreement from Ballentyne Ditch Company for all improvements
within their easement area prior to the City Clerk signing the final plat.
3.11 Owner shall tile the Ballentyne West Lateral Users Association ditch (located adjacent to the
southern boundary)with a twenty-four inch(24")pipe prior to the City Clerk signing the final plat.
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COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Koellisch and Villegas absent) to recommend approval of PP-02-15 for a
preliminary plat for Crossley Park Subdivision for Greg Hall, with the following staff recommended site
specific conditions of approval and standard conditions of approval with underline text to be added by the
Commission and strike through text to be deleted by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-28-06 MOD.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project,prior to the City Clerk signing the fmal plat.
4. Provide a revised preliminary plat which includes a new plat note stating, "All development within this
subdivision shall be consistent with the Conditions of Development of the development agreement
associated with RZ-28-06 MOD and subsequent modifications." The revised preliminary plat shall be
provided prior to submittal of a fmal plat application. (ECC 8-2-1)
5. Provide a revised preliminary plat showing the area of Lot 1, Block 1, located adjacent to North Fisher
Park Way to be a minimum of thirty-five feet(35') in width to allow for the required buffer area to be
constructed. The revised preliminary plat shall be provided prior to submittal of a fmal plat application
(ECC 8-2A-7[J][4][a]).
6. Provide a revised preliminary plat with the road section for North Fisher Park Way showing the
sidewalks to be separated from the back of curb by a minimum eight foot (8') wide landscape strip.
The revised preliminary plat shall be provided prior to submittal of a final plat application(ECC 9-4-1-
6(F)(3).
7. IL ,. . . •.- _ - - - • - .
Tthe applicant shall provide a revised preliminary plat which
contains a plat note that a)conveys to each lot owner within the subdivision to be served by the private
streets the perpetual right of ingress and egress over the described private street, b) provide that such
perpetual easement shall run with the land, c) provide that the restrictive covenant for maintenance of
the private street cannot be modified and the homeowners'/property owners' association or other entity
cannot be dissolved without the express consent of the city. The revised preliminary plat shall be
provided to the City prior to submittal of a final plat application. (ECC 9-3-2-5[C][2])
8. If the City Council approves the proposed private streets the applicant shall provide a revised
preliminary plat showing the private streets to be located within a separate common lot. The revised
preliminary plat shall be provided to the City prior to submittal of a fmal plat application.
9. If the City Council approves the private streets to be gated the applicant shall provide correspondence
from the Eagle Fire Department approving the location and style of the private street gate(s) prior to
the City Clerk signing the final plat.
10. If the City Council approves the private streets"No Parking"signs shall be erected on both sides of the
private street prior to the issuance of any building permits for residential dwellings.
11. Provide a revised preliminary engineering plan containing a typical street section showing the private
streets to be bordered by vertical curbing prior to submittal of a fmal plat application. (ECC 9-2-3-
5[B][2])
12. The applicant shall submit a Design Review application with a landscape plan showing the required
improvements (berming, landscaping, and sidewalk) within the common lots for review and approval
by the Design Review Board prior to the submittal of a fmal plat application. (ECC 8-2A-7)
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13. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
Design Review Board)along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located in an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk
and the curb. Prior to the City Clerk signing the fmal plat the applicant shall either install the required
trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any
occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit
landscaping. (ECC 8-2A-7)
14. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private lots (unless approved for removal by the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to
protect all trees that are to be preserved,prior to the commencement of any construction on the site.
15. Provide documentation from Central District Health Department indicating the individual well and
septic system previously located on the site were properly abandoned. The documentation shall be
provided prior to the City Clerk signing the fmal plat.
16. The Crossley Park Subdivision shall remain under the control of one Homeowners Association. (ECC
9-3-4 [D][4])
17. The applicant shall place a note on the final plat that the pressurized irrigation system and all common
lots are to be owned and maintained by the Homeowner's Association. (ECC 9-4-1-9[C][1][a] and
ECC 9-3-8[D][4])
18. The applicant shall provide CC&Rs indicating that the Homeowner's Association shall have the duty
to maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1])
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the
plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not be
necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to
the City Engineer signing the fmal plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources prior to the City Engineer signing the final plat.
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6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service,prior to the City Engineer signing the fmal plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on the
street side of the home or shall have their sewer drainage system designed with a stub at the house
front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure,the water rights
appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred
from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like
satisfactory underground conduit to permit the delivery of water to those landowners within the
subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for
pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall be
approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to the City Engineer signing the fmal plat. A copy of the
construction drawing(s)shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk,prior to the City Engineer signing the final plat.
The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City
Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all
runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line
onto another lot except within a drainage easement.
11. No ditch,pipe or other structure,or canal, or drain, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the
existing irrigation or waste ditch (1)has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure
any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the fmal plat.
12. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,drainage district,drainage entity or other irrigation
entity associated with such ditch,pipe or other structure,drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity,drainage district,or drainage entity prior to the
City Clerk signing the fmal plat.
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13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the fmal plat. All construction shall comply with the City's
specifications and standards. The applicant shall delineate on the face of the final plat an easement,
acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures,
conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing
the fmal plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service, and as
may be required by the Eagle City Code,prior to the City Engineer signing the fmal plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the fmal plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in
accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire
Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle
City Attorney which provide for the use, control and mutual maintenance of all common areas, storage
facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of structures,
grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City
Engineer signing the fmal plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all required
landscaping, common area and subdivision signage prior to the City Engineer signing the final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the
fmal plat by the City Council.
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20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the
City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines
shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of
the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations(if applicable)prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable) from the Corps of Engineers prior to approval of the final plat by the
City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act,Uniform Building Code, Eagle City Code, Eagle Comprehensive
Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All
design and construction shall be in accordance with all applicable City of Eagle Codes unless
specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest submits application to the City of Eagle for a
change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the construction of
or authorize the construction of any of the public improvements required by the Eagle City Code Title
9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5
(A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit,Certificate of Deposit,cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded fmal plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a time
extension is granted by the City Council.
31. Prior to submitting the fmal plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer,and City Clerk.
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32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights
will facilitate the"Dark Sky"concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities,pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the
ground)noticing the contractors to clean up daily, no loud music,and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at Big Star Coffee located at 84 North Fisher Park Way, Eagle, at
6:00 PM, Tuesday, February 24, 2015, in compliance with the application submittal requirement of
Eagle City Code. The applications for these items were received by the City of Eagle on March 19,
2015.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on April 27, 2015. 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 April 22, 2015. Requests for agencies' reviews were
transmitted on March 23, 2015, in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on May 8, 2015.
3. The Commission reviewed the particular facts and circumstances of this proposed development
agreement modification (RZ-28-06 MOD) 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
rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The zoning designation of MU-DA (Mixed Use with a development agreement) is consistent with
the Mixed Use designation as shown on the Comprehensive Plan Land Use Map;and
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;and
c. The proposed MU-DA (Mixed Use with a Development Agreement) zone is compatible with the
MU-DA (Mixed Use with a Development Agreement) zone and land use to the north since that
area may be developed in a similar manner;and
d. The proposed MU-DA (Mixed Use with a Development Agreement) zone is compatible with the
MU-DA(Mixed Use with a development agreement)zone and land use to the south since that area
is developed with a commercial subdivision and an adequate buffer located between the uses
exists;and
e. The proposed MU-DA (Mixed Use with a Development Agreement) zone is compatible with the
R-1 (Residential) zone and land use to the east since that area is currently developed with a
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residential subdivision with less density, however, the applicant is proposing a buffer area located
adjacent to the eastern property line and there will be only two (2) single-story structures in
proximity to the eastern property line; and
f. The proposed MU-DA (Mixed Use with a Development Agreement) zone is compatible with the
MU-DA (Mixed Use with a Development Agreement) zone and land use to the west since that
area is currently developed with a commercial subdivision and the applicant will be required to
construct a buffer area located adjacent to the street which is located between the proposed
development and the commercial subdivision;and
g. The land proposed for rezone is not located within a"Hazard Area"or"Special Area"as described
within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
4. The Commission reviewed the particular facts and circumstances of this proposed development
agreement modification and development agreement in lieu of a PUD, and based upon the information
provided concludes that the proposed development is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The development is proposed to be constructed in a single phase.
b. The land is owned by a single owner and the development will be initiated within a year following
City Council approval.
c. That the proposed development is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community because;
The intent of Crossley Park Subdivision is to provide a residential project with a unique product,
which is a goal of the City of Eagle PUD ordinance;and;
d. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
The development will be harmonious and appropriate in appearance with the existing development
located on the adjacent parcels to the north because that parcel may be developed in a similar
manner. The development will be harmonious and appropriate in appearance with the existing
development located west and south of the proposed development because these areas are already
developed with commercial uses and adequate buffering is constructed or is required to be
constructed with this development. The development will be harmonious and appropriate with the
existing development located to the east because the applicant is proposing a buffer area located
adjacent to the eastern boundary and the residential dwellings will be restricted to a single-story in
height; and
e. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
Crossley Park Subdivision is proposed to be developed in a manner harmonious with existing and
future uses in the immediate vicinity since the site is being proposed in conformance with the
Comprehensive Plan;and
f. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic,noise, smoke,fumes,glare or odors.
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The development is planned for a residential use and it is not anticipated that any uses or activities
will be detrimental to the surrounding properties upon completion of the site work. Crossley Park
Subdivision will be served by North Fisher Park Way; and
g. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools because;
All central services are either available to the site or will be as conditioned herein, as noted within
the letters provided by the agencies having jurisdiction over the site. Development of sewer,water,
drainage, streets, and other urban services will be provided at the developer's expense; and
h. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water, or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses; and
i. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal because;
The development plan was designed with consideration given to usable open space and providing
a residential product that is unique to Eagle;and
j. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
Access to the development will be from North Fisher Park Way(collector), which provides access
to the internal streets of the proposed development. The interior streets will be private and will be
constructed in conformance with standards pursuant to Eagle City Code; and
k. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
No natural, scenic, or historic features of major importance are known to exist on the site;and
1. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan because;
The proposed development is in accordance with the Comprehensive Plan since the plan calls for
Transitional Residential and the proposed density will have less of an impact than what is
permitted with a MU(Mixed Use)zoning designation; and
m. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
This application requests approval for a development agreement in lieu of a PUD as outlined in
Eagle City Code and satisfies those requirements as well as will be required to meet the conditions
herein. In addition, the developer will be required to submit an application for design review and
comply with all Eagle City Codes and conditions of approval of the design review; and
n. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations because;
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The proposed development contains a residential use and is similar in design as the surrounding
area;and
5. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-02-15) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9(Subdivisions)because:
a. The requested preliminary plat complies with the approved zoning designation of MU-DA(Mixed
Use with a development agreement).
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City
Code since the development is consistent with the Comprehensive Plan Land Use Map designation
of Mixed Use and provides the required improvements for a subdivision or as may be conditioned
herein; and
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
not change the essential character of the same area and because this site will be designed in
accordance with the requirements of the proposed development agreement modification, standards
of Eagle City Code and the Eagle Architecture and Site Design book(EASD);and
d. Will not create excessive additional requirements at public cost for facilities and services as the
site will be served with central sewer from the Eagle Sewer District and will use public water to be
served from United Water of Idaho. Fire protection will be available from the Eagle Fire
Department and fire hydrants will be provided where required;and
e. Will have vehicular approaches to the property designed to not create an interference with traffic
on surrounding public thoroughfares since the project is required to be reviewed and approved by
the Ada County Highway District and is subject to the conditions herein;and
f. While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments provided, or as conditioned
herein,there is adequate public fmancial capability to support the proposed development;and
h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the preliminary
plat and subsequent fmal plat approval as set forth within the conditions of approval herein.
DATED this 18t day of June,2015.
PLANNING AND ZONING COMMISSION
OF THE CITY_OF AGLE
Ada Coun , Idaho s••ss$S• mSC-s•,,,,,
• ` F
Wright, Chairman G
=.=Trent O
ATTEST: _•
•
E
L
•
aron K. Bergmann, Eagle City (lerk ••• '91E OF 11 •
•. s•
••••• •ssssssss•••s
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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