Findings - CC - 2005 - PP-7-04 - Pp For Symphony Subd/24 Lot/16.05 Acre Ne Corner Hwy 44 Park Ln
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A PRELIMINARY PLAT FOR SYMPHONY )
SUBDIVISION FOR PARK HAMPTON LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-7-04
The above-entitled preliminary plat application came before the Eagle City Council for their action on
April 12, 2005. The Eagle City Council having heard and taken oral and written testimony, and having
duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Park Hampton LLC is requesting preliminary plat approval for Symphony Subdivision, a
24-lot (2-residential, 18-commercial, 4-common) commerciaVresidential subdivision. The
16.05-acre development is generally located at the northeast corner of State Highway 44
and Park Lane.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 9, 2004.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on January 3, 2005. 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 December 28, 2004. Requests for agencies' reviews were transmitted on
December 10, 2004, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on March 28, 2005. 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 March 24,
2005.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 7, 2004, the Eagle City Council approved a comprehensive plan
amendment and rezone (CPA-3-03 & RZ-8-03) with a development agreement (including
a concept plan) for this site.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Mixed Use MU-DA (Mixed Use with Single-family dwellings
development agreement)
Proposed No Change No Change Uses include a music
school, a nursing home,
and office/retail
North of site Transitional A-R (Agricultural-Residential) Single-family dwellings
Residential & Mixed
Use
South of site Public/Semi-public & MU-DA (Mixed Use with State Highway 44,
Mixed Use development agreement) & Camille Beckman
Public/semipublic facility, and vacant
State owned land
East of site Residential One (up to R -1 (Residential) Colony Subdivision
one dwelling unit per
acre)
West of site Mixed Use A-R (Agricultural-Residential) Single-family dwellings
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site - 16.05-acres
Total Number of Lots - 24
Residential - 2
Commercial - 18
Industrial - 0
Common - 4
Total Number of Units - 2
Single-family - 2 (I-existing)
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 .12-units per acre 20-units per acre maximum
Minimum Lot Size 0.22-acres (9,583-square feet) 7,000 sq. ft.
Minimum Lot Width 90-feet (approx.) 50-feet
Minimum Street Frontage 0- feet O-feet for mixed use zoning
districts
Total Acreage of Common Area 1.09-acres *
Percent of Site as Common Area 6.8% *
*See comments under "Open Space" below.
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-3-3(D) requires nonresidential buildings or uses not to be
located nor conducted closer than forty feet (40') to any lot line of a residential district;
except that the minimum yard requirements may be reduced to fifty percent (50%) of the
requirement if acceptable landscaping or screening approved by the council is provided.
Open Space:
Two common area lots ranging in width from 30 to 40 feet are to be located along the
south boundary of this site (parallel to State Highway 44) for the purposes of installing
landscape buffers. In addition to this 1.09-acre portion of the site, each parcel to be
development will be subject to a minimum 10% of the site dedicated to landscaping.
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 final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs
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.
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.
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) - not allowed
Preservation of Existing Natural Features:
The site has a variety of existing trees, mainly located around existing dwelling units.
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. Retention of existing trees will be addressed upon Design
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Review.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
J. STREET DESIGN:
Private or Public Streets:
No new streets are proposed with this application. Access throughout the site is
accommodated via cross access easements among the parcels. As referenced in Section
2.2 of the development agreement approved for this site (RZ-8-03), a 25 to 30-foot wide
drive aisle will function as the circulation corridor to provide access to the parking
facilities/buildings. The drive aisle will have access to Flint Drive via a 25-foot wide curb
return driveway, located approximately 50-feet east of the western property line.
The applicant is to construct a 36-foot wide access located approximately 680-west of the
eastern property line. To date, the Idaho Transportation Department has indicated that a
right-in/right-out driveway access will be the only access approved to the development via
State Highway 44.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: N/a
Sidewalks:
5-foot wide concrete sidewalks attached to the back of curb are to be constructed adjacent
to the internal drive aisles within the development. A 5-foot wide concrete sidewalk is to
be constructed along Flint Drive abutting the northern boundary of this site; sidewalk is
required along State Highway 44 abutting the site's southern boundary.
Curbs and Gutters:
Vertical curb and gutter is to be constructed abutting both sides of the internal drive aisles
within the development. Vertical curb and gutter is to be constructed along Flint Drive
abutting the northern boundary of this site; no curb or gutter is proposed along State
Highway 44 abutting the southern boundary.
Lighting:
Lighting for the development 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:
The applicant has not proposed any new streets with this application. All new public
streets are required to have Street name approval by the Ada County Street Name
Committee prior to final plat approval.
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K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
See "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 - None
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - Yes
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - No
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
Historical Sites - No
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Not required.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health Department
Eagle Fire Department
Eagle Sewer District
Idaho Power
Joint School District No.2
Q. LETTERS FROM THE PUBLIC: None received to date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 1 - Overview
1.3 The City of Eagle Vision Statement
In 1999, City of Eagle citizens envision their future town as a well-planned
community that encourages diversified living and housing opportunities,
economic vitality that offers jobs for residents, and places for people to recreate
and enjoy Eagle's natural beauty.
b. known as a highly livable town that successfully balances many of the rural
elements of its heritage with growth;
c. economically strong with a distinct downtown economic center;
f. an economically strong city that fosters local businesses and clean industry.
Chapter 3 - Population
3.3 Goal
To promote a high quality of life and livability in the community.
Chapter 5 - Economic Development
5.1 Background
The economic development component of the Comprehensive Plan discusses the
economics and employment in Eagle. The city encourages appropriate economic
development while retaining those attributes that give Eagle its special living and
working environment.
5.5 Implementation Strategies
f. New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural residential
identity.
g. Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
Chapter 6 - Land Use
6.1 Background and Existing Conditions
Managing growth and channeling it into orderly community development is the
key element of land use planning. Unplanned growth results in undesirable land
use patterns. Areas within the City and within the Impact Area are given land use
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designations which are depicted on the Comprehensive Plan Land Use Map,
hereinafter referred to as the "Land Use Map".
The Land Use Map is an integral part of the Comprehensive Plan. It serves as a
planning policy document and planning tool that will assist the City in sustaining
responsible growth and development to ensure that evolving land use patterns
remain consistent with goals, objectives and strategies of the Plan.
6.2 Land Use Designations
Commercial
Suitable primarily for the development of a wide range of commercial activities
including offices, retail and service establishments. Uses should complement uses
within the Central Business District (CBD).
6.7 Implementation Strategies
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fire, recreational areas, highways and
transportation systems.
d. Discourage strip commercial type development.
Chapter 8 - Transportation
8.2.1 Principal Arterial
Mobility Function:
The primary function of a principal arterial is to provide major circulation
and movement through urban areas and to connect with major activity
centers and freeways. A principal arterial may serve motorized and non-
motorized transportation needs and may include up to seven vehicular
traffic lanes.
Access Function:
Access from other roadways is controlled and subordinate to traffic on the
principal arterial street. Direct lot access is typically prohibited or
severely restricted.
Chapter 12 - Community Design
12.3 Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and
residents to Eagle. City entryways include State Highways 44 (State
Street and Alternate Route) and 55 (Eagle Road). These entrances with
their landscaping (or lack thereof), commercial signage and building
character provide the first, and oftentimes the most lasting impressions of
the entire community. The City of Eagle has the responsibility to guide
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development and redevelopment that occurs along these entryway
corridors.
12.4 Implementation Strategies
d. The City Design Review Ordinance shall set forth criteria for building
design, landscaping, sign age and other aesthetic standards. Development
along State Street within the Impact Area and outside the City limits shall
be encouraged to comply with the Design Review Ordinance.
e. Developments that would establish or tend to establish another City center
outside of the Central Business District should not be approved.
g. New residential, commercial, and industrial development shall be
required to meet minimum design standards as specified by City
Ordinances.
1. Buffer and transition zones should be developed between conflicting
types of land use.
m. Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
SOARING 2025 WESTERN AREA PLAN PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
6.4C 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.
6.4C.l Uses
The land use and development policies specific to the Park Lane Planning
Area includes the following:
Flint Drive shall be preserved primarily as a residential street while
properties abutting State Street should include a mix of residential uses,
limited retail and office uses that promote trip capturing.
The roadway network along State Street east of Park Lane should be
designed to provide internal circulation with no individual lot access to
State Street. A cross access agreement with limited access points at Park
Lane and at State Street, in alignment with the future Eagle Island State
Park entrance, is necessary to provide access to the retail uses.
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6.4C.2 Design
Flint Estates Area:
The Flint Estates area adjacent to State Highway 44 should be designed to
provide limited retail uses that encourage pedestrian circulation from the
residential and high school areas, and to compliment the existing mixed
use areas at State Highway 44 and Park Lane (Camille Beckman).
Street trees, benches and sidewalks are encouraged within the Flint Estates
Area as well as within the greater Park Lane Planning Area.
Common parking areas should be encouraged at the sides of buildings and
joint parking agreements so walking distances between buildings is
minimized and provide a pedestrian scale to the area.
Activity and building orientation should focus on internal circulation roads
rather than the regional transportation network. Flint Drive is to remain
primarily a residential roadway.
6.4C.3 Access
Access to and through should be limited to existing roads (Old Valley
Road, Park Lane and Linder Road); no direct access from State Highway
44 shall be permitted unless a new access point is designated by the State
of Idaho for Eagle Island State Park.
The area to the north of State Highway 44 should require the construction
of a frontage road (similar to Old Valley Road) that removes individual
property access to State Highway 44, this high density area shall provide
internal circulation and connectivity to the residential areas to the north.
Cross-access agreements and shared service roads should be encouraged
throughout the area.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 8-3-3 (D) Side And Rear Yards For Nonresidential Uses Abutting Residential
Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty
feet (40') to any lot line of a residential district; except that the minimum yard
requirements may be reduced to fifty percent (50%) of the requirement if acceptable
landscaping or screening approved by the council is provided. Such screening shall be
a masonry or solid fence between four (4) and eight feet (8') in height, maintained in
good condition and free of all advertising or other signs. Landscaping provided in lieu
of such wall or fence shall consist of a strip of land not less than twenty feet (20') in
width planted with an evergreen hedge or dense planting of evergreen shrubs not less
than four feet (4') in height at the time of planting.
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. ECC 8-4-4-2 (D) Screening And/Or Landscaping:
Whenever a parking area is located in or adjacent to a residential district, it shall be
effectively screened on all sides which adjoin or face any property used for residential
purposes by an acceptably designed wall, fence, or planting screen. Such wall, fence, or
planting screen shall not be less than four feet (4') nor more than six feet (6') in height and
shall be maintained in good condition. The space between such fence, wall or planting
screen and the lot line of the adjoining premises in any residential district shall be
landscaped with grass, hardy shrubs or evergreen ground cover, and maintained in good
condition. In the event that terrain or other natural features are such that the erection of
such wall, fence, or planting screen will not serve the intended purpose, then no such wall,
fence, or planting screen and landscaping shall be required.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: None
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. ARTICLE II - CONDITIONS ON DEVELOPMENT
2.2 The development shall include a cross access agreement between all lots included within
this rezone application and an on-site frontage road generally as shown on the concept
plan (Exhibit "B") constructed to serve the parcels adjacent to State Highway 44.
2.3 The development shall include a minimum forty-foot (40') wide buffer unless a twenty
foot (20') wide landscape buffer is approved (pursuant to Eagle City Code 8-3-3 D) for
any commercial uses located adjacent to any property with a residential zoning
designation.
2.4 The development shall comply with the Eagle City Code, as it exists in final form at the
time development applications are made (Le. design review, conditional use permit if
required, and preliminary plat) and the conditions within this agreement shall be satisfied.
2.5 The applicant shall construct the State Highway 44 access as proposed pursuant to current
roadway engineering standards. The access is to be in alignment with the proposed Eagle
Island State Park access on the south side of State Highway 44.
2.6 Access points to Park Lane and West Flint Drive shall be as approved by the Ada County
Highway District.
2.7 In accordance with ECC Section 8-2-1, this development agreement is considered in-lieu
of the PUD (except as conditioned in 2.12 below). Except for the limitations and
allowances expressly set forth above and the other terms of this Agreement, the uses
which are shown as permitted (P) or conditional (C) uses under the Mixed Use zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations" shall be considered Permitted uses on Lots 5 and 8, Block 2, except that the
following uses shall be prohibited:
Mobile home (single unit primary residence)
Mobile home (single unit temporary living quarters)
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Mobile home park
Animal shows or sales
Automotive washing facility
Bar
Cabinet shop
Cemetery
Circuses and carnivals
Christmas tree sales
Commercial entertainment facilities (indoors) - Note: see item 2.8 below
Commercial entertainment facilities (outdoors) - Note: see item 2.8 below
Drive-in theater
Electronic sales, service, or repair shop
Equipment rental and sales yard
Farmer's markets (outdoor)
Hardware store
Horticulture (general)
Hospital
Hotel
Industry
Kennel
Laboratories
Laundromat
Laundry (with drive up service)
Live entertainment events - Note: see item 2.8 below
Massage Spa
Mobile office
Mortuary
Motel
Parking lot, parking garage commercial
Personal wireless facilities (height-over 35 feet)
Research Activities
Retail sales (general)
Riding academies/stables
Roadside stand (temporary structure)
Sign shop, including painting
Small engine repair (mower, chainsaws, etc)
Storage (enclosed building)
Storage (fenced area)
Street fair
Trade fair
Travel services
Upholstery shop
Woodworking shop
2.8 The following uses may be allowed as Permitted uses on Lots 5 and 8, Block 2, provided
however, that each use will only be allowed for events solely related to the music/cultural
arts school located on Lot 6, Block 2:
Commercial entertainment facilities (indoors)
Commercial entertainment facilities (outdoors)
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Live entertainment events
2.9 The owner shall submit a Master Design Review site layout and landscape application for
the site, and shall comply with all conditions required by Eagle as a part of the Design
Review prior to issuance of a building permit.
2.10 Excluding the residential subdivision located on Lots 1 and 2, Block 1, all buildings
require the approval of the Design Review Board. The design of the buildings shall
incorporate residential elements to ensure compatibility with surrounding uses. All
buildings shall be designed in accordance with the Eagle Architecture and Site Design
book (EASD) as set forth in Eagle City Code Section 8-2A.
2.11 The subject parcel shall be annexed into the Eagle Sewer District's service boundary prior
to the issuance of any building permits for the site.
2.12 The Concept Plan (Rivendell Music Academy - Exhibit "B" and including Lot 6, Block 2,
dated August 25, 2004 - attached hereto and incorporated herein) represents the Owner's
current concept for completion of a music/cultural arts school with cottages and related
ancillary uses. 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 change in the Concept Plan,
notice shall be provided as may be required by the City.
E. DISCUSSION:
. The applicant has submitted a preliminary plat which substantially complies with the concept
plan approved with the rezone and development agreement approved for this site (RZ-8-03).
As noted in the Soaring 2025 Western Area Plan, the Flint Estates area is to be designed to
encourage pedestrian circulation both throughout the subject site as well as to adjoining
developments (Eagle High School, Camille Beckman, residential subdivisions). To encourage
pedestrian friendly elements, staff will recommend certain conditions of approval for the
development of the site (see Site Specific Conditions of Approval below).
. The applicant has been negotiating with the Idaho Transportation Department to align a
driveway access on State Highway 44 with a proposed driveway on the south side of the
roadway to access the Eagle Island State Park. To date, ITD has considered a right-in/right-
out access only since a full access would not meet the ITD's access control policy regarding
approach spacing. The issue of whether the SH 44 access is signalized (or limited) has
bearing on the development of the Symphony Subdivision: should a public roadway be
constructed to serve the site or will cross access easements and drive aisles suffice? If a signal
were installed at the site, a public road through the site would be necessary since patrons of
properties surrounding the site would take advantage of the signal to access SH 44. If the
roadway were not dedicated to the public, the signal would promote "cut through" traffic in
what is functionally a commercial shopping center.
One of the principles behind the development of the Flint Estates area (as noted in the Soaring
2025 Western Area Plan) is to promote uses that tend to capture pass-by trips; a right-in/right-
out access accommodates this purpose. However, it is recognized that with the potential
approval of an access into Eagle Island State Park in alignment with the subject right-in/right-
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out access, a traffic signal may be warranted at this location in the future. In order to
accommodate the increased traffic in the area due to this potential signal, the applicant should
construct a drive aisle (from State Highway 44 to Flint Drive) in accordance with the design
standards of the Ada County Highway District for a local commercial roadway. The drive
aisle would then have a greater likelihood (though not guaranteed) of being accepted as a
public roadway by ACHD.
. A barn (accessory structure) currently located on Lot 6, Block 2, of Flint Estates is proposed
by the applicant to be maintained on the proposed Lot 2, Block 1, of Symphony Subdivision
(within the residential portion of the development). By definition, an accessory structure is
secondary in nature to the primary structure and since no primary structure (such as a
dwelling) is proposed to be located on the site at this time, the barn would become a non-
conforming use. Because it is not the City's intent to allow (or promote the continuation of) a
non-conforming use, the applicant should be required to remove the barn from the site prior to
the City Clerk signing the final plat.
. A single-family dwelling and shop currently located on Lot 8, Block 2, of Flint Estates is
proposed by the applicant to be converted to a commercial use within Symphony Subdivision
(proposed Lot 15, Block 1). With the change in use of the structures from residential to
commercial, the buildings are subject to the review and approval of a design review
application by the Design Review Board. Staff recommends that until the dwelling and shop
have received design review approval and all conditions of said approval have been satisfied,
the structures should not be occupied.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval 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 March 7,
2005, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (Aspitarte absent) to recommend approval of PP-7 -04 for a
preliminary plat for Symphony Subdivision with the site specific conditions of approval and
standard conditions of approval provided within their findings of fact and conclusions of law
document, dated March 21, 2005.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 12, 2005, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
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B. Oral testimony in opposition to this proposal was presented to the City Council by one (1) individual
who expressed concerns regarding inadequate buffering between the proposed use and existing,
adjacent residential uses.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
appl icant/representati ve).
D. Oral testimony neither in favor nor in opposition to this proposal was presented to the City Council by
three (3) individuals who expressed concerns regarding traffic impacts on adjoining properties,
buffering between the proposed uses and adjacent residential uses, the location of future traffic signal
in proximity to Park Lane, and the desire not to have a traffic signal at the intersection of N. Cove
Colony Way and SH44.
COUNCIL DECISION:
The Council voted 4 to 0 to approve PP-7-04 for a preliminary plat application for Symphony
Subdivision for Park Hampton LLC with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with
strikethrough text to be deleted by the Council and underlined text to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPRO V AL:
1. Comply with the conditions noted in the January 5, 2005, letter from the City Engineer, including but
not limited to, providing a pressurized irrigation system for the development using non-potable,
irrigation water.
2. Comply with all requirements of the development agreement for this site dated, January 7, 2005,
between the City of Eagle and Park Hampton LLC. Substantial landscape screening and berming shall
be provided on this site - generally on the west, north, and east boundaries to buffer the existing
residences adiacent to this site from the uses proposed within this development. Specific landscaping
and berming details shall be reviewed and approved by the Design Review Board prior to City
approval of a final plat
3. Place a note on the final plat which identifies all the common lots by Lot and Block designation, and
which states that said common lots, as well as any common areas, are to be owned and maintained by
the Symphony Subdivision Owner's Association.
4. The barn (accessory structure) proposed by the applicant to be maintained on the proposed Lot 2,
Block 1, of Symphony Subdivision shall be removed from the site prior to the City Clerk signing the
final plat.
5. Until the dwelling and shop on proposed Lot 15, Block 1, have received design review approval (for
conversion from a residential use to a commercial use) and all conditions of said approval have been
satisfied, the structures shall not be occupied.
6. All existing buildings that will interfere with the proposed lot lines shall be removed from the site prior
to the City Clerk signing the final plat. A demolition permit shall be obtained from the City prior to
the removal of said buildings.
7. Comply with all conditions of the Idaho Transportation Department with regard to access to State
Highway 44, including, but not limited to, the installation of a deceleration lane, contribution to an
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escrow fund to help fund the construction of traffic signal light to be located at the main entrance onto
SH 44. The applicant shall also provide an emergency oPticom device to be located on the signal light.
mediaR curb, "pork cRop" islaad (f.or right iR/right Ol:lt ariveway) aRa reliRquis\:tm8Rt of ot~8r
driveway accesses.
8. The applicant shall construct the main drive aisle within the site (from SH 44 to Flint Drive) as a
standard residential collector public roadway (36-feet wide with vertical curb, gutter and a 5-foot wide
separated concrete sidewalk on each side) - to be dedicated and shown as right-of-way on the final
plat. to meet tRe miRimum :\CHD staHaar.as for a local commer-cial road'.vay (36 feet wiae miaiml:lm).
Tbe applicaat shol:lla iaspect aad documeat tRe cORstmctioR of the drive aisle (purSl:laRt to ,^.CHD
gl:lideliaes) to facilitate the deaicatioa of tRe dri'/e aisle as a pl:lblic street iR tRe eveRt that a traffic
sigaal is iastalled at tRe access to S tate High way 11.
9. The applicant shall install traffic calming features such as landscape islands or roundabouts at
intersections of the drive aisles, and meander those portions of the drive aisle that are long and straight.
The meanders and landscape islands or roundabouts shall be reviewed and approved by the Design
Review Board prior to issuance of any building permits.
10. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of the main drive aisle within the
development. The trees shall be located in a 5-foot wide landscape strip between a 5-foot wide
concrete sidewalk and the back of curb. Prior to the City Clerk signing the final 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 within the 5-foot wide
landscape strip. Trees shall be installed prior to obtaining any occupancy permits for the buildings.
11. Five-foot (5') wide concrete sidewalks shall be constructed on both sides of all drive aisles within the
development. Patterned crosswalks shall be installed to provide a continuous means of pedestrian
circulation throughout the site.
12. Construct a minimum fWe six-foot (~-.J wide meandering asphalt pathway coacrete sidewalk along
State Highway 44 abutting the southern boundary of the site.
13. Building placement shall be designed such that parking areas are at the sides of buildings, but not
concentrated between the buildings and State Highway 44. Any buildings facing State Highway 44
shall be located at varied angles with the roadway to provide variety and to alleviate any walled
corridor effect. The criteria to meet this requirement shall be reviewed and approved by the Design
Review Board, prior to the issuance of any building permits.
14. The entire Symphony Subdivision shall remain under the control of one association of lot owners.
CC&Rs for the Symphony Subdivision Owners' Association shall provide that the association has the
duty to maintain and operate all of the common landscape areas (including landscaping within rights-
of-way for State Highway 44 and landscape strips between the sidewalk and curb abutting the internal
drive aisles) in the subdivision in a competent and attractive manner, including the watering, mowing,
fertilizing and caring for shrubs and trees. The applicant shall place a note on the final plat that all
common lots are to be owned and maintained by the Symphony Subdivision Owner's Association.
The applicant shall provide a copy of the CC&Rs for review and approval prior to the City approving
the final plat.
15. All buildings on lots contiguous to the State Highway 44 right-of-way shall be designed and
constructed with architectural features and materials that enhance the entry corridor into the City. All
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buildings shall comply with the architecture styles found in the Eagle Architecture and Site Design
(EASD) book. Architectural styles not shown within the EASD book will not be considered.
16. Service driveways to the building sites facing the road rights-of-way shall be designed to maximize the
landscaping abutting the buildings without compromising function and utility. All lots and buildings
shall be configured so as to screen any and all loading areas and trash enclosures from view as seen
from residential uses or roadways. Screening materials and location of the loading docks and trash
containers shall be reviewed and approved by the Design Review Board prior to issuance of any
building permits.
17. Design Review Board approval for the landscaping of the entire site (including useable common area
amenities, subdivision signage, street trees, existing trees, pathways, buffer areas, perimeter fencing,
etc.) is required prior to the approval of a final plat. Design Review Board approval for the
landscaping for each pad site is required prior to the issuance of any building permit. Individual lots
within this subdivision will be required to have a minimum of 10% landscaping each.
18. Parking shall not be located in such a way that vehicles must back onto the main drive aisles. All
parking requirements and locations are subject to the review and approval of the Design Review
Board. The approval of this preliminary plat does not constitute an approval of the proposed parking
configuration.
19. All healthy trees (as determined by the City Forester) shall be preserved and integrated into the design
of the development, or shall be replaced, or shall contribute to the City's tree fund as outlined within
Eagle City Code Sections 8-2A-7-Cl and 8-2A-7-"0"-3 respectively. A landscape plan showing how
the trees will be integrated into the open space areas and the non-buildable area on any lot shall be
provided for Design Review Board approval prior to the submittal of a final plat.
20. Provide a statement in the CC&Rs that prohibits parking within the drive aisles. "No Parking" signs
shall be posted and plans showing the location of the signs shall be reviewed by the City, prior to the
issuance of any building permits. The applicant shall install "No Parking" and "Fire Lane" signs in
accordance with any requirements of the Eagle Fire Department. The signs shall be posted prior to the
issuance of any building permits.
21. All utility poles providing service to the existing structures on the site shall be removed, prior to the
issuance of any building permits for the site. All utility service lines serving existing structures and the
building lots shall be placed underground.
22. Provide a copy of the Symphony Subdivision's CC&Rs providing a plan and schedule for the future
repair and maintenance of the cross access drive aisles. The CC&Rs shall be reviewed and approved
by the City Engineer prior to the City Engineer signing the final plat.
23. Place a note on the final plat which states "All Lots shall provide reciprocal cross-access for vehicular
and pedestrian ingress and egress to the public right-of-ways and to the utility easements as delineated
or noted on this plat".
24. 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.
25. Place a note on the final plat stating that no direct access (other than those approved with this
application) to State Highway 44 shall be permitted.
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26. 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.
27. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
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 Environmental Quality approval of the sewer and water facilities is required
prior to the City Engineer signing the final 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.
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 final plat (B.C.C. 9-20-8.4)
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 final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
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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&Rs 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, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, 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
final plat.
12. 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 final 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 final 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.
13. 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 final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final 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 for non-residential uses (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.
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d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
15. 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 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 final plat.
16. 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 by the Eagle City
Attorney prior to the City Engineer signing the final plat.
17. 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.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor 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 final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. 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".
21. 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.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corp of Engineers prior to approval of the final plat by
the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corp 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.
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25. Basements in homes in the flood plain are prohibited.
26. 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.
27. 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.
28. 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.
29. In accordance with Eagle City Code, failure to obtain a recorded final 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.
30. Prior to submitting the final 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.
31. 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.
CONCLUSIONS OF LAW:
I. The application for this item was received by the City of Eagle on December 9,2004.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on January 3, 2005. 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 December 28,2004. Requests for agencies' reviews
were transmitted on December 10, 2004, in accordance with the requirements of the Eagle City Code.
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Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on March 28,
2005. 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 March 24, 2005.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-7-
04) 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 development agreement) and will all applicable provisions of the
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; 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 since the approved development
agreement for this site provides guidance in the development of the property, and because this
site will be designed in accordance with the 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 Company. Fire protection will be available from the
Eagle Fire District 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 the Idaho transportation Department and the Ada County Highway District and is
subject to the conditions herein;
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 of the Eagle Fire
Department and the Ada County Highway District, or as conditioned herein, there is adequate
public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the Council's
attention have been adequately addressed by the applicant or will be conditions of the
preliminary plat, and subsequent final plat approval, as set forth within the conditions of
approval above.
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.."
DATED this 26th day of April 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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