Findings - PZ - 2006 - A-11-06/RZ-13-06 & PP-13-06 - A/Rz From Rut To Mu-Da/Anglers Hamlet Subdivision/42-Lot/10 Acre Site/4171 W Old Vall
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT TO MU-DA AND PRELIMINARY )
PLAT FOR ANGLERS HAMLET SUBDIVISION )
FOR ROYLANCE INVESTMENTS. LLC AND )
RT NAHAS COMPANY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-II-06/RZ-13-06 & PP-13-06
The above-entitled Annexation, Rezone, and Preliminary Plat applications came before the Eagle Planning
and Zoning Commission for their consideration on October 23, 2006, at which time public testimony was
taken, the public hearing was closed. The Commission continued the item to the November 6, 2006, to
allow the applicant time to address setbacks and open space concerns. The Eagle Planning and Zoning
Commission, having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Roylance Investments, LLC and RT Nahas Company are requesting an annexatIOn and a
rezone with a development agreement from RUT (Rural Urban Transition) to MU-DA
(Mixed Use with a Development Agreement) and preliminary plat approval for Angler's
Hamlet Subdivision, a 42-lot (37 residential, 5 common) single-family residential
subdivision. The 10 acre site IS located approximately 400-feet southwest of the
intersection of N. Park Lane and State Highway 44, on the south side of W. Old Valley
Road at 4171 W. Old Valley Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on March 24, 2006, at 6:00 PM, on site in compliance
with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on May 2, 2006.
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 ordinances on September 16, 2006. 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 September 12, 2006. Requests for agencies' reviews were transmitted
on July 26, 2006, in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on August 30, 2006
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. APPLICANTS STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The City is requesting a development agreement to ensure the development ofthc property
is consistent with the Comprehensive Plan and vision of the City of Eagle. The zoning
ordinance also states that all residential development within the MU (Mixed Use) zone
requires a conditional use permit. Eagle City Code further states that all development
listed as a conditional use in the Mixed Use zone occur under the PUD and/or
development agreement process. Since the Mixed Use zone allows a development
agreement to be utilized in lieu of a PUD and/or conditional use permit the applicant is
requesting to work with the City in the preparation of a development agreement to comply
with this process.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing RUT (Rural Urban
Mixed Use Transitional-Ada County Residence and vacant land
designation)
Proposed No Change MU-DA (Mixed Use with Single-family residential
Development Agreement)
North of site RI (Residential-Ada County Residential, Benmor
Mixed Use designation) Subdivision
South of site Floodway and Residential RUT (Rural Urban Single family residence,
Estate Transitional-Ada County State of Idaho Lands, and
designation) the Boise River
East of site Mixed Use MU-DA (Mixed Use with Camille Beckman
Development Agreement)
West of site Mixed Use RUT (Rural Urban Single-family residential
Transitional-Ada County and pasture
designation)
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
1. SITE DATA:
Total Acreage of Site - 10.0 acres
Total Number of Lots - 42
Residential- 37
Commercial - 0
Industrial - 0
Common - 5
Total Number of Units -
Single-family - 37
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - none
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ADDITIONAL SITE DATA PROPOSED REQlJIRED
Dwelling Units Per Gross Acre 3.7 -units per acre I O-units per acre maximum
Minimum Lot Size 4,S31.67-square feet 7,000-square feet
Except that a decrease ofmmimum
lot size in a subdivision may be
allowed if there is an offsetting
increase of the same square-footage
in open space and a planned unit
development or development
agreement in MU lone is applied for
and approved) - per ECC Section 8-
2-4 (G).
Minimum Lot Width SO-feet SO-feet
Minimum Street Frontage 49-feet 3S-feet
Total Acreage of Common Area 1.49-acres 1.66-acres (minimum)
2.29-acres * I.OO-acres for 10'% minimum
plus 0.66-acres for lots smaller
than the mimmum - per ECC
Section 8-2-4 (G)
Percent of Site as Common Area 14,9% (not inclusive of wetland 16.6% (minimum-see above)
area)
22.9%*
*Note: The common area calculation is inclusive of the wetland area adjacent to the western
boundary of the property.
1. GENERAL SITE DESIGN FEATURES:
Open Space, Green Belt Areas and Landscape Screening:
The preliminary plat date stamped by the City on August 2S, 2006, shows a total of 2.29-
acres (22.9% of the site) of common area inclusive of the wetlands within the subdivision.
The concept plan date stamped by the City on October 17, 2006, shows the greenbelt
pathway, central plaza, and two river view overlooks to be located within the common
area located on the southern boundary of the development. The greenbelt pathway on the
southern boundary runs adjacent to the river from the eastern boundary of the
development to the cul-de-sac located at the terminus ofN. Cranefly Way at which point
the pathway will cross the wetland area adjacent to the western boundary and terminate at
the gravel driveway located adjacent to the site. The common area located on the western
boundary of the development (Lot 21, Block 3) contains an artesian well and wetlands.
The preliminary plat also shows an interior pathway connection from N. Anglers Cove
Place to the greenbelt pathway. With the exception of the two pathways, the open space
within this development consists mainly of wetlands and streams.
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&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
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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 twelve feet
(12') 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) - no (existing to be removed)
The two existing dwellings on site are served by septic systems. The applicant will be
required to connect the existing dwellings into a central sewer system and obtain the
proper permits and abandon the septic systems.
Pressurized Irrigation:
A pressurized irrigation system will be constructed utilizing water from the existmg
artesian well on-site. The artesian well will provide enough water to irrigate 3.0 acres of
the 3.82 acres requiring irrigation on site. The water required for the additional irrigated
area will either be provided from allocations from Boise Valley Ditch Company,
Ballentyne Ditch Company, or Middleton Mill Ditch Company. In lieu of obtaining an
irrigation allotment from one of the previously mentioned ditch companies the applicant is
submitting application to IDWR to acquire a water right for the evapotranspiration losses
for the existing pond.
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 Boise River and the Middleton Mill Ditch Company drain
ditch are located in close proximity of this site and mature trees are located throughout the
site. There are also wetlands located on the site which will be required to be mitigated for
through an application process with the Army Corps of Engineers.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavatton or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
K. STREET DESIGN:
Public Streets:
The property is fronted by West Old Valley Road and the subdivision will be provided
connection to West Old Valley Road utilizing three entrance roads. The applicant is
proposing to construct the roadways within the development with a twenty-nine foot (29')
wide roadway section (as measured from back of curb to back of curb). Rolled 3" curb and
six foot (6') wide grass landscape strips are proposed (8' required) on both sides of the
roadway. N. Anglers Cove Place will provide a stub to the property east of the
subdivision.
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Cul-de-sac Design:
One 430-foot cul-de-sac (N. Cranefly Way) is proposed with a SO-foot radius and 314-
square foot landscape island.
Sidewalks:
A detached five-foot (S ') wide concrete sidewalk is proposed abutting both sides of the
interior roadways and the south side of West Old Valley Road as shown on the typical
roadway sections on the preliminary plat date stamped by the City on August 25, 2006.
Curbs and Gutters:
Rolled 3" curb and gutters are proposed within the interior streets of the development. A
6" vertical curb is proposed adjacent to West Old Valley Road.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specificallons
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning
Administrator at final plat application. Any modificallons made to the lighting shall be
completed before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to
date. Approval from that committee is required prior to final plat approval.
L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways are provided through a multi-purpose pathway system and the
detached sidewalk system. The multi-purpose pathway system will connect into the city
pathway network as shown in the 2000 Comprehensive Plan Transportation/Pathway
Network Map #1 of2. The subdivision will also have a pathway connecting N. Anglers
Cove Place with the greenbelt pathway located adjacent to the southern boundary of the
subdivision.
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. The detailed street section does not show a bike lane on the interior
roads.
M. PUBLIC USES PROPOSED:
The applicant is proposing a greenbelt pathway located on the southern portion of the
property. The pathway will be constructed in an area shown on the City of Eagle
Transportation/Pathway Network Map #1 indicating a multi-purpose pathway.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Potable Water:
The site is located within the United Water of Idaho's service area. United Water has not
provided correspondence regarding serviceability of this site.
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Sewer:
The Eagle Sewer District stated in correspondence dated September 7, 2006, that the
property is annexed within the District boundaries and a PVC main sewer trunk line IS
located on Old Valley Road adjacent to the property. The correspondence also states that
before the project will be allowed to connect into the main line on Old Valley Road sewer
construction plans will need to be submitted and approved by the District.
Schools:
Joint School District No.2 states that the Meridian School District is currently operating
beyond capacity. Residents within this development cannot be assured their children will
be attending neighborhood schools, as it may be necessary to bus students to other schools
across the district.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Yes, Existing pond, wetland, Boise River
Evidence of Erosion - No
Fish Habitat - Yes-Existing pond
Floodplain - No
Mature Trees - Yes, Adjacent to Boise River and wetland area
Riparian Vegetation - Yes, Bank of Boise River
Steep Slopes - Yes, Bank of Boise River
Stream/Creek: Yes, Boise River and slough
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - Yes, Exiting pond and slough for ducks, geese and fish
Historical Assets - No
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
The applicant has submitted an Environmental Site Assessment: Transaction Screen
Process dated May 2, 200S, submitted by Sage Environmental Service, LLC. The EAP
does not address the effects of the development on the site.
R. 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 letters dated May 24, 2006, are of special
concern (see attached to the staffreport).
Ada County Highway District
Ballentyne Ditch Company
Central District Health Department
Chevron Pipeline
Eagle Fire Department
Eagle Sewer District
Idaho Department of Environmental Quality
Idaho Department of Lands
Idaho Power
Idaho Transportation Department
Joint School District No.2
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S. LETTERS FROM THE PUBLIC:
Tree valuation from Julie Lafferty, City Forester, date stamped by the City on August 2S,
200S (attached within the staff report).
William D. Frost stated in correspondence, date stamped by the City on September 12,
2006, that Frost Lane on the northeast edge of the property should be improved and
function as an access to the subdivision. This would allow for future development of the
property currently served by Frost Lane (attached with the staff report).
Mary and Marion Moore stated in correspondences, date stamped by the City on
September 12 and September 21, 2006, their concern with the number and location of the
access roads to West Old Valley Road. They indicated that one of the proposed streets
takes access directly across from their front yard and will create a hazard for them when
pulling out of the driveway. They also indicated that headlights at night will shine directly
into their living room. The Moore's requested a frontage road be constructed and the
entrance to the subdivision be relocated (attached within the staffreport).
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates
this si te as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial. and
residential developments. Uses should complement uses within the Central Business
District (CBD). Development within this land use designation should be required to
proceed through the PUD and/or Development Agreement process, see specific planning
area text for a complete description.
Chapter 1
Overview
1.1
The purpose of the Eagle Comprehensive Plan is to promote the health, safety,
and general welfare of the people of the City of Eagle and its Impact Area as
follows:
b. To ensure that adequate public facilities and services are provided to the
people at reasonable cost.
d. To ensure that the important environmental features of the City and its Impact
Area are protected and enhanced.
g. To ensure that the development of land is commensurate with the physical
characteristics of the land.
h. To protect life and property in areas subject to natural hazards and disasters.
1. To protect fish, wildlife, and recreation resources.
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Chapter 4 - Schools, Public Services And Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special districts
provide the basic services of water, sewer, school, police, fire and library to
residents. With Eagle's growing population comes the need for increased public
services and the necessity to improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded
plays an important role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside providers,
it must be involved in any plans that will effect the commumty. Service providers
currently include:
. The Eagle Sewer District provides sewer service within a designated sewer
service area. Larger lot homes have wells and septic systems and must
comply with Central District Health Department requirements.
. The Meridian and Boise School Districts provide K-12 education.
. United Water, Eagle Water Company, and the City provide water to Eagle
residents. Some private water systems and wells are also used.
. The Eagle Fire District provides fire and emergency services.
. Private canal companies and drainage districts provide irrigation water and
drainage water management.
4.2.7 Other Services and Utilities
Pressure Irrigation
The City of Eagle currently requires the installation of pressurized irrigation
systems for the irrigation of landscaping when new development is withm an
irrigation district and water rights are available.
Chapter 6 - Land Use
6.2 Land Use Issues
Residents of Eagle and its Impact Area have a strong desire to maintain the rural
"feel" of the community.
In order to ensure the quality of life that is desired by Eagle residents, it is
necessary to maintain a tax base that is adequate for providing expected public
services.
6.5 Goal
To preserve the rural transitional identity.
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6.6 Objectives
a. To encourage the preservation of open spaces.
6.7 Implementation Strategies
a. Preserve the natural features and resources of Eagle.
k. Protect gravity flow irrigation systems including canals, laterals and ditches to
assure continued delivery of irrigation water to all land serviced by such
systems, to protect irrigation systems as a long range economical method for
water delivery and to coordinate surface water drainage to be compatible with
irrigation systems.
p. Support City of Eagle flood and storm drainage regulations to achieve
protection of property rights, environmental protection and flood damage
reduction for community residents.
Natural Resources And Hazard Areas
Chapter 7
7.5
Water Resources
Surface Water:
The Boise River carries water for irrigation and provides fishing, water-fowl
hunting (not permitted in city limits), and recreation.
The Eagle planning area is crossed by eight irrigation systems: the Farmers Union
Canal, New Dry Creek Canal, New Union Ditch, Breshears Lateral. Ballantyne
Canal, the Mason Catline Canal, Capital View Canal and the Boise Valley Canal.
7.7 Wildlife
An important part of the City and Impact Area is within the Boise River and Dry
Creek floodplains. This area contains important natural resources including
wildlife, fish, water and deer.
7.9 Goal
Special concern and attention should be given to the preservation of fish, wildlife,
water resources, air quality, agriculture, open space and recreation-nature areas
when implementing planning and zoning decisions.
Chapter 8 Transportation
8.3.0 City of Eagle Functional Pathway Classifications
8.3.1 Paths
Function:
To provide for recreation and alternative transportation; important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Location:
Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
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8.3.2 Bike Lanes
Function:
Primarily used as a lane for bicycles and other non-motorized uses.
Location:
Bike Lanes usually exist on the same pavement surface as motorized lanes.
Arterials and collectors should be provided with bike lanes on each side of the
roadway.
8.4 Goal
Plan a transportation system to serve the planned land use of the City of Eagle and
its Area of Impact.
8.5 Objective
Encourage alternative transportation forms such as walking and biking.
8.6 Implementation Strategies
b. Integrate all modes of travel to support air quality improvement measures.
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway
Network Maps #1 and #2, adopted local and regional pathway plans, as may
be needed for intra-neighborhood connectivity and to ensure that bike and
pedestrian traffic is not unnecessarily pushed out onto arterials and collectors.
I. If the Highway District or ITD do not require traffic impact studies for new
development, the City of Eagle may require a traffic impact study to include,
but not limited to, potential impacts to existing traffic patterns, suggested
roadway widths, access to existing and proposed roadways, signalization,
location and need for intersections, turn lanes, and bus stops. In addition, the
traffic impact study should address parking and pedestrian traffic.
I. Establish and require minimum setbacks between developments and roadways
and to encourage installation of berms and landscaping for all developments
to enhance safety and to enrich the roadway and community appearance.
p. Encourage sidewalks that are separated from the curb on all streets, except for
areas where Eagle City Code requires sidewalks to abut the curb and where
existing buildings, inordinate environmental impacts, or other impacts make
setting the sidewalk back infeasible. Meandering sidewalks should be
required where space permits. A planter strip of sufficient width for street
trees between the sidewalk and roadway should be required to provide a
canopy effect over the roadways. The type of street trees used should be those
which have root systems that have proven to not cause sidewalk or curb
damage when in close proximity to such improvements.
q. Design and/or align roads to preserve existing trees wherever posstble; safety
shall not be compromised.
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r. Encourage planning of local roadway systems which will provide for intra-
neighborhood connectivity. The connecting roadways should be designed to
not become collectors and to diseourage traffic from cutting through
neighborhoods to go from a collector or arterial to another collector or arterial.
Such intra-neighborhood connectivity is for emergency and delivery vehicles
and for local intra-neighborhood access.
Chapter 9
Parks, Recreation And Open Spaces
9.5
Pathways And Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e.
the Boise River and Dry Creek) and are designed to prevent undesirable
encroachment. Greenbelts may include pathways and/or bike lanes.
9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
g. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's pubhc
pathway system.
h. Acquire pathway easements on the north side of the North Channel.
9.5.3 Implementation Strategies
f. Prioritize greenbelt and pathway development: I) greenbelt/pathway
system along the Boise River; 2) greenbelt/pathway system along the
Dry Creek; 3) corridor preservation along future planned pathways and
irrigation features; and 4) road crossings.
9.6.2 Objectives
a. To establish open space to protect the finite resource base of Eagle's natural
environment - air, ground water, surface water, soil, forested areas, plant and
wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and
wetlands.
b. To provide an open space setting for active and passive recreation for all age
groups throughout the community.
c. To protect against hazards that are inherent to flood plains, flood ways, steep
slopes, and areas of geological instability.
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Chapter II
11.1
d. To protect the natural lay of the land (e.g., minimize land disturbance).
e. To protect such unique environmental areas as historical, geological, and
archaeological sites and monuments, natural areas, and wildlife habitat.
f. To protect important views, vistas, and panoramas of the community's natural
setting and environment.
Special Areas and Sites
Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or
sites should be analyzed according to their defined function. Whenever pOSSible,
these sites should be preserved and conserved as open spaces or for educational
and cultural centers. Development of Special Areas or Sites should take place in
manner that reflects harmony with their natural environment and recognized
qualities which render them distinctly unique.
The Boise River Floodplain, the Head of Eagle Island, the Dry Creek Floodplain,
and the North Foothills possess a recognized function as a wildlife habitat,
flood way and scenic natural resource reflective of Eagle's rural character.
These special areas will require comprehensive and specific planning to ensure
that such topographical, hydrological, ecological. architectural and scenic
concerns have been thoroughly addressed and incorporated into any engineering
and development plans. The special review process should include, but not be
limited to the following:
Area wide drainage including hillsides, foothills and gulches
. Water quality
. Sanitation
. Area-wide traffic plans
. Pathways, trail access
. Wetlands issues
. Fish and wildlife habitat
. Existing trees and natural features
. River and creek greenbelt areas
. Potential for permanent open space and natural preserves including steep
hillside terrain, rock outcroppings and foothill gulches.
11.2 Recognized Special Areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological
and scenic significance. The area comprises the two channels of the Boise River
and intervening and immediately adjacent areas as generally depicted on the
Comprehensive Plan Land Use Map.
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Drainages and Canals
Special natural and manmade features of Eagle are the drainages and canals. The
main purpose of the canals and drainage ditches is that of distributing and moving
water.
11.3 Goal
To promote the conservation and efficient management of all Special Area and
Sites.
11.4 Implementation and Strategies
a. Protect and improve natural and man-made waterways.
Chapter 12
12.1
Community Design
Background and Vision
Community design is the organized fashion in which a community is developed in
order that a general mood or theme is established and maintained.
Elements of the Eagle community design include: (a) a rural transitional
community with a shopping district functioning as the hub of the community; (b)
the Boise River and its floodplain with wildlife, trees, and recreation
opportunities; (c) the rolling hills north of the river; and, (d) a network of canals
which crisscross the community.
12.4 Implementation Strategies
c. The floodway shall be reserved as a natural state such as a greenbelt, wildlife
habitat, and open space recreational area and for agncultural uses.
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.
1. Encourage the development of pathways and open-space corridors throughout
the City.
q. Maintain the rural residential character and open space environment in and
around the City.
12.5 Eagle Tree Plan
12.5.1 Goal
To establish and enhance areas of tree growth that will create beauty, add to a
healthy environment and increase economic stability.
12.5.2 Objectives
a. To create an urban forest that will help reduce air and noise pollution,
conserve water and reduce soil erosion, assist in modifying the local climate,
increase property values, and improve Eagle's economy by providing a
pleasant and more comfortable place to shop and live.
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B. SOARING 2025 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
Chapter 4
Chapter 6
Public Facilities and Services
4.7 Irrigation Water
The City of Eagle sets in an irrigated river valley partitioned by several major
irrigation systems operated by irrigation districts or companies. These entities
and the water resource they manage are an integral element in the development of
greenscape that typifies the Boise River Valley. This resource and distribution
network also provides significant recharge to the shallow ground water zone upon
which many wells and water amenities depend.
4.7.1 Goals
Protect the existing irrigation system and increase use or reuse of the surface water
resource for park, residential and commercial landscape irrigation and water
amenities.
Maintain irrigation standards that promote the conservation and reuse of surface
water.
4.7.2 Objective
Ensure that new development incorporates existing irrigation water for landscape
irrigation and water amenities when water rights are available on-site or by means
of appropriation or transfer.
Maintain surface water rights within general areas of use to ensure adequate
supply for the enjoyment of amenities such as city parks and greenbelts.
4.8 Storm Drainage/Flood Control
Storm Drainage
With the continued construction of impermeable surfaces such as rooftops,
asphalt streets, and concrete drives, storm water run-off has become a matter
requiring increased control and management. Receiving streams abundant With
fish and other aquatic life must be protected from the pollutants that may become
concentrated in storm water. The City of Eagle has made significant progress in
setting standards for storm water discharge by developing standards for surface
and subsurface discharge that are protective ofreceiving waters and assure long
term reliance of subsurface treatment facilities.
Land Use
6.4C Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community
commercial, professional office, and a variety ofresidential 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.
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6.4C.l Uses
The land use and development policies specific to the Park Lane Plannlng
Area include the following:
The area located along Old Valley Road should be a mixture of residential and
Professional Office with Limited Service Commercial. All uses along Old Valley
should be designed to be oriented to take access from Old Valley Road and to
encourage pedestrian movement through the area.
6.4C.2 Design
Old Valley Road Area:
The design of this area should capitalize on the existing Old Valley Road and
bring activities and uses closer to the road, creating a pedestrian friendly area that
encourages walking as well as servicing auto traffic.
The Old Valley Road area should include street trees, benches and sidewalks.
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.
On street parking should be encouraged where sufficient right-of-way is available.
Signage for non-residential uses should be incorporated as a master sign plan
rather than individual signs located along State Highway 44.
C. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code, Section 8-1-2 defines Open Space as:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as
a part of the minimum area of open space required.
. Eagle City Code, Section 8-1-2 defines Planned Unit Development as:
An area of land in which a variety of residential, commercial and industrial uses
developed under single ownership or control are accommodated in a preplanned
environment with more flexible standards, such as lot size and setbacks, than those
restrictions that would normally apply under these regulations.
. Eagle City Code, Section 8-1-2 defines Right Of Way as:
A strip of land taken or dedicated for use as a public way. In addition to the roadway, it
normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities,
and may include special features (required by topography or treatment) such as grade
separation, landscaped area, viaducts and bridges.
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· Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the
zoning districts have been formulated to realize the general purposes as set forth in this
title. In addition, the specific purpose of each zoning district shall be as follows:
Centralized water and sewer facilities are required for all subdivision and lot split
applications submitted after the effective date hereof in all districts exceeding one
dwelling unit per two (2) acres (R-E).
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, tn
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 ten (10) 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 Height and Lot Area Regulations:
Zoning Maximum DC 1 nterior Street Maximum Minimum Lot Minimum
District Height Side Side Lot Area (Acres Or Lot
Covered Sq. Ft.) G And Width 1*
H*
IMU 1135' 1~~17.5' 1~150% 117,000 1150' 1
· Eagle City Code Section 8-2A(B):
Additional 5 feet per story setback for multi-story structures. Height not to exceed 3
stories except by conditional use permit.
· Eagle City Code Section 8-2A-7 (J) Buffer Area/Common Lots:
a. Definition: 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
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townhouses and a convenience store, or a high volume roadway and residential
dwellings.
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use, a ten foot (10') wide by
six foot (6') high landscaped buffer is required.
. Eagle City Code, Chapter 6 Planned Unit Developments
8-6-1: Purpose:
It shall be the policy to guide a major development of land and construction by
encouraging planned unit development (PUD) to achieve the following:
A. A maximum choice of living environments by allowing a variety of housing and
building types and permitting an increased density per acre and a reduction in lot
dimensions, yards, building setbacks and area requirements;
C. A development pattern which preserves and utilizes natural topography and
geologic features, scenic vistas, trees and other vegetation and prevents the
disruption of natural drainage patterns;
8-6-5-2: Common Open Space:
A. Required Common Open Space: A minimum often percent (IO'Yr,) of the gross
land area developed in any residential PUD project shall be reserved for common
open space and recreational facilities for the residents or users of the area being
developed.
B. Dedication Of Land For Public Use: A required amount of common open space
land reserved under a PUD shall either be held in corporate ownership by owners
of the project area for the use of each owner who buys property within the
development or be dedicated to the public and retained as common open space for
parks, recreation and related uses. Public utility and similar easements and right of
way for watercourses and other similar channels are not acceptable for common
open space dedication unless such land or right of way is usable as a trail or other
similar purpose and approved by the council.
C. Maintenance: The responsibility for the maintenance of all open spaces shall be
specified by the developer before approval of the final development plan.
. Eagle City Code, Section 8-7-3-3 Public Sites and Open Spaces:
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 development.
C. Special Developments: In the case of planned unit developments and large scale
developments, the council may require sufficient park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the
proposed development.
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. Eagle City Code, Section 8-1 0-I(A): Requirements and Restrictions (for development
agreements):
Purpose: Development agreements are a discretionary tool to be used by the Council as a
condition of rezoning. Development agreements allow a specific project with a specific
use to be developed on property in an area that is not appropriate for all uses allowed or
conditional in the requested zone.
D. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Eagle City Code, Section 9-1-6 defines Easement as:
A grant by a property owner to specific persons or to the public to use land for specific
purposes. Also, a right acquired by prescription.
. Eagle City Code, Section 9-1-6 defines Open Space as:
A common area platted as a separate lot, or an area dedicated to and accepted by the city,
substantially open to the sky, exclusive of streets, buildings and other covered structures.
. Eagle City Code, Chapter 3 Design Standards
9-3-1 Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions,
improvements and facilities done, constructed or made in accordance with said
provisions shall comply with the minimum design standards set forth in this
chapter; provided, however, that any higher standards adopted by any highway
district, the Idaho transportation department or health agency shall prevail over
those set forth herein.
9-3-2-4 Street Names:
B. All new streets shall be named as follows:
4. Meandering streets having a predominately east-west direction shall be
named "drive".
9-3-6 Easements (A & C):
A. Unobstructed utility easements shall be provided along front lot lines, rear lot
lines and side lot lines when deemed necessary. Total easement width shall
not be less than twelve feet (12').
C. All natural drainage courses shall be left undisturbed or be improved in a
manner which will improve the hydraulics and ease of maintenance of the
channel.
9-3-8 Public Sites and Open Spaces:
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 development.
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C. Special Developments: In the case of planned unit developments and large
scale developments, the council may require sufficient park or open space
facilities of acceptable size, location and site eharaeteristics that may be
suitable for the proposed development.
. Eagle City Code, Chapter 4 Required Improvements
9-4-1 Improvements Required:
Every subdivider shall be required to install the following public and other
improvements in accordance with the following conditions and specifications.
9-4-1-5 Streetlights:
All subdividers within the city limits and within the area of city impact shall be
required to install, at the subdividers' expense, streetlights in accordance with city
specifications and standards at locations designated by the "administrator" (as
defined by section 9-1-6 of this title, or his/her representative, hereinafter referred
to as "administrator"). After installation and acceptance by the administrator, the
city shall have the right to pay the cost of maintenance and power and assume
ownership of the streetlights.
9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized
forms of travel, and to provide safe, convenient and aesthetic alternative travel
routes to common destinations such as schools, parks, shopping centers, etc.
The following factors will be considered in the placement of any pathway: the
utility and need for a given pathway, impacts to existing neighborhoods,
compliance with the transportatIOn/pathway network maps within the
comprehensive plan, pathway design as it relates to both crime prevention and
function, and the responsibilities of ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways, (except
in cases where it is shown to be inappropriate), that provides access to
adjacent:
c. Adopted pathway elements within the comprehensive plan and the
ridge to rivers pathway plan;
D. Pathway Design: While the city may exercise considerable discretion in
determining the design of pathways, the following minimum standards should
be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet
(10') in width. Micropathways within subdivisions which are designed for
primary use by the residences of the subdivision shall be a minimum six
feet (6') wide and shall be located within a sixteen foot (16') Wide
pedestrian access easement. Regional pathways such as the Boise River
greenbelt and pathways located adjacent to major roadways shall be a
minimum ten feet (10') wide and shall be located within a twenty foot
(20') wide pedestrian access easement.
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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 oflots, 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 five foot (5') 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.
9-4-1-8: Underground Utilities:
Underground utilities are required.
9-4-1-9 Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. For any new subdivision and/or PUD, to be provided with a public water
system and containing more than four (4) lots, all residential dwelling
units within such subdivision 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.
9-4-1-11 Fire Hydrants and Water Mains:
Adequate fire protection shall be required in accordance with the appropriate fire
district standards.
. Eagle City Code, Chapter 5
9-5-4-3 Site and Structure Requirements:
C. Storage Areas: Storage areas shall be provided for the anticipated needs of
boats, campers and trailers. For typical residential development, one adequate
space shall be provided for every two (2) living units. This may be reduced by
the city council if there is a showing that the needs of a particular
development are less.
E. Maintenance Building: A maintenance building shall be provided of such size
and in such location as is suitable for the service needs that are necessary for
the repair and maintenance of all common areas.
F. Open Space: The location of open space shall be appropriate to the
development and shall be of such shape and area to be usable and convenient
to the residents of the development.
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9-5-8 Subdivision Within an Area of Critical Concern:
A. Designation Of Areas Of Critical Coneern: Hazardous or unique areas may be
designated as an area of critical concern by the city councilor by the state of
Idaho. Special consideration shall be given to any proposed development
within an area of critical concern to assure that the development is necessary
and desirable and in the public interest in view of the existing unique
conditions. Hazardous or unique areas that may be designated as areas of
critical concern are as follows:
1. Earthquake location;
2. Unstable soils;
3. Unique animal life;
4. Unique plant life;
5. Scenic areas;
6. Historical significance;
7. Flood plain;
8. Center city;
9. Areas within the area of city impact but outside city boundaries; and
10. Other areas of critical concern.
B. Environmental Assessment Plan: The developer shall prepare and submit an
environmental assessment along with the preliminary plat application for any
development that is proposed within an area of critical concern.
The content of the environmental assessment shall be prepared by an
interdisciplinary team of professionals that shall provide answers to the
following questions:
1. What changes will occur to the area of environmental concern as a result
of the proposed development?
2. What corrective action or alternative development plans could occur so as
not to significantly change the area of environmental concern?
3. What changes in the area of environmental concern are unavoidable?
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 farm land and other')
E. DISCUSSION:
· The 2000 Comprehensive Plan designates this area as Mixed Use on the Future Land Use
Map. The Camille Beckman facility is located east of the proposed development and is
currently zoned MU-DA. The area to the south contains the North Channel of the Boise
River and land which is owned by the State of Idaho. There are four Jots within Benmor
Subdivision north of the site currently zoned Rl (Residential-Ada County designation).
Since the area bordering the proposed development on the north and west are designated
Mixed Use on the Future Land Use Map, the area to the east is currently zoned MU-DA,
and the area south will be buffered by the river from the proposed development staff
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believes that a MU-DA (Mixed Use with a development agreement) zoning classification
for this site is appropriate.
. As shown on the preliminary plat date stamped by the City on August 25, 2006, the
applicant is proposing a single-family residential development with a density of 3.7
dwelling units/acre. The applicant will be required to provide an offsetting increase of
open space in addition to the required ten percent (10%) of open space for all lots not
meeting the minimum lot size of7,OOO square feet required in the Mixed Use (MU) zone.
The required amount of open space for this development is shown on the preliminary plat,
however it should be noted that Lot 21, Block 3, adjacent to the western boundary of the
development is a wetland area. Wetland areas are not to be counted towards the open
space requirement per Eagle City Code. Although Eagle City Code also 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 development the applicant should be
required to provide additional open space to allow the residents of the development to
have an area for recreational and social opportunities.
. The Camille Beckman facility is located to the east of the proposed development. Since
the applicant is proposing to construct a residential development adjacent to a commercial
use a buffer area should be provided to meet the requirements of Eagle City Code 8-2A-7
(J)(2)(a) for buffering between areas that are not fully compatible. The applicant should
provide a revised preliminary plat showing a buffer area located within a common lot as
required per Eagle City Code 8-2A-7(J)(2)(a) prior to submitting a Design Review
application for review and approval by the Design Review Board.
. Correspondence received from Marion and Marion Moore, date stamped by the City on
September 12,2006, states on item numbers 3 and 4 their concern with the location of the
access directly across from their residence and the glare from the vehicle headlights as
well as the traffic noise. Mr. Roylance submitted an agreement date stamped by the City
on October 19, 2006, between the Moore's and himself agreeing to provide landscaping
on the Moore's property to buffer traffic noise and shield the glair of automobile
headlights exiting the subdivision. The agreement states the landscaping will be completed
to the satisfaction of the Moore's prior to applying for a building permit application.
. The preliminary plat date stamped by the City on August 25, 2006, shows a portion of the
lots to be adjacent to Old Valley Road to the north, Frost Lane (pvt.) to the east and a
gravel road west of the development. The applicant should provide a revised preliminary
plat with a note prohibiting lots within the subdivision from gaining direct access from
West Old Valley Road, Frost Lane, and the existing gravel road on the western boundary
of the site prior to submitting an application for final plat approval.
. The preliminary plat date stamped by the City on August 25, 2006, shows a typical road
section for West Old Valley Road delineating the right-of-way line and the property line
approximately eighteen feet (18') apart in width. The preliminary plat identifies this area
to be a landscape easement. Normally the right-of-way line and the property line are
matching. In discussion with the project engineer Rick Collingwood with Toothman-Orton
Engineering Co., he indicated the right-of-way is at the property line. The applicant should
provide a revised preliminary plat showing the typical street section for West Old Valley
Road with the right-of-way line at the property line prior to submitting an application for
final plat approval.
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. The applicant should provide a copy of the license agreement with Ada County Highway
District (ACHD) for landscaping and sidewalks to be located in the right-of-way and a
eopy of the easement given to the ACHD for the sidewalks to be located outside of the
right-of-way prior to final plat approval.
. As described in the General Site Design Features sections above within the Open Space,
Green Belt Areas and Landscape Screening area a !,'Teenbelt pathway is proposed to be
located adjacent to the southern boundary of the site where it connects to the cul-de-sac
located at the terminus ofN. Cranefly Way and then crosses the wetland area adjacent to
the western boundary and terminates at the gravel driveway located adjacent to the site.
The point where the pathway will terminate at the western boundary is proposed to be
located approximately 220' from the North Channel of the Boise instead of paralleling the
river similar to the greenbelt pathway located in other areas of the City. The applicant
should submit a revised preliminary plat showing the pathway to be located in closer
proximity to the North Channel of the Boise River at the southwestern corner of the
development, the pathway should be reviewed and approved by the Parks and Pathway
Development Committee for recommendation prior to submitting a Desi!,'11 Review
application for final plat approval.
. The applicant has indicated in meetings with staff that due to the people they are
marketing to this subdivision is not going to function like a standard single-family
dwelling subdivision. The applicant has indicated a majority of the yards and landscaping
is going to be maintained by the homeowers' association. The applicant should provide a
site plan showing all areas that are to be maintained by the homeowners' association and
no certificate of occupancy for a dwelling should be issued prior to the installation of the
landscaping on the lot where the dwellings are located.
. The two existing residences shown on Lot 20, Block 3 of the preliminary plat date
stamped by the City on August 25, 2006, are currently served by individual well and
septic systems. Per Eagle City Code 8-2-1, centralized water and sewer must be provided
to the subdivision. The applicant should provide documentation indicating central services
are to be provided to the dwellings on Lot 20, Block 3. The applicant should also provide
documentation showing that proper approvals have been provided for abandonment of the
existing wells and septic systems serving the dwellings shown on Lot 20, Block 3, prior to
the City Clerk signing the final plat.
. The preliminary plat date stamped by the City on August 25, 2006, shows a structure
located on the parcel south of Lot 20, Block 3, encroaching into the property. In
correspondence received from Dave Roylance addressed to Ms. Patricia Kenyon, date
stamped by the City on October 6,2006, addresses the Ms. Kenyon's carport encroaching
on Mr. Roylance's parcel. Mr. Roylance indicates within the correspondence that he is
willing to deed a portion of property at the appropriate time to resolve the encroachment of
the structure. The applicant should provide a resolution to the property line issue regarding
the location of the structure prior to the approval of a final plat.
. The preliminary plat date stamped by the City on August 25,2006, shows the pressurized
irrigation line to be located within the public utility easement along the public right-of-
way. The application should provide documentation from service providers locating
services within the same easement as the pressurized irrigation that the pressurized
irrigation will not pose a hazard to the adjacent services prior to submitting a final plat
application.
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. The applicant should provide documentation from all service providers locating services
within the easement adjacent to the pressurized irrigation line that the pressurized
irrigation line will be compatible with those services prior to submitting a final plat
application.
. The Pressurized Irrigation Analysis date stamped by the City on August 25, 2006,
indicates that the developer is seeking additional allocation of water shares to irrigate the
0.83 acres not covered under the lands current water rights. The applicant should provide
documentation that additional water rights for pressurized irrigation have been provided
prior to submitting a final plat application.
. The applicant submitted an Environmental Site Assessment: Transaction Screen Report
for the property conducted by Sage Environmental Service, LLC. The report dated May 2,
2005, was conducted to review the property for environmental concerns prIor to Mr.
Robert Nahas purchasing the property. During the investigation by Sage Environmental
Service, LLC, no "recognized environmental conditions" were identified. It should be
noted that this environmental site assessment was conducted to make the purchaser aware
of any environmental concerns before subsequent purchase of the property. Per Eagle City
Code an environmental assessment plan is to be conducted to address the impacts ofa
development on the immediate area. The applicant should submit an environmental
assessment plan addressing Eagle City Code, Section 9-5-8(B) for review prior to the City
Council approving the preliminary plat.
. The applicant is proposing "Tuscany" style architecture to be utilized within this
development. The applicant should provide exhibits of the "Tuscany" style architecture to
be incorporated into the development agreement. The applicant should create an
architectural control committee (ACC) as a component of the subdivision CC&Rs to
review the architecture style of the homes to be constructed in this development to ensure
the homes are to be constructed in substantial conformance with the "Tuscany" style
architecture prior to submitting an application for a building permit. Provisions regarding
the creation and operating procedures of the ACC should be included in the CC&R' s. The
CC&R's shall be reviewed and approved by the City attorney prior to the approval of the
final plat.
. A rear lot line easement is not delineated or noted on the preliminary plat date stamped by
the City on August 25, 2006. Per Eagle City Code, Section 9-3-1(A), unobstructed utility
easements a minimum of twelve feet (12') in width are required adj acent to rear lot lines.
Since the applicant is requesting reduced setbacks through a development ab'Teement the
applicant should provide a revised preliminary plat delineating and noting a ten foot (10')
wide rear lot line easement prior to submitting an application for final plat.
. The preliminary plat date stamped by the City on August 25, 2006, shows the building
envelopes utilizing reduced setbacks from the standard setbacks allowed within a Mixed
Use (MU) zone. The applicant is requesting the following reduced setbacks with no
additional side setback for multi-story structures:
Proposed
Standard
Front
Rear
Side
Street Side
20 feet
o feet
5 feet
5 feet (West Old Valley Road)
20 feet
20 feet
7.5 feet (5 feet/story for multi-story)
20 feet
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Maximum coverage
60%
50%
The above noted setbacks are less than the setbacks required by ECC for 7,000 square foot
lots in an R-5 zone. It is staffs opinion that a fifteen foot setback should be provided
along the rear property line to provide for an easement for utilities and drainage. The street
side setback should be maintained at the required twenty feet (20') in width. The two
existing dwellings located on Lot 20, Block 3, do not meet the setback requirements for a
Mixed Use (MU) zone. The primary dwelling is located approximately 3.5 feet from the
eastern property boundary. The secondary dwelling is located approximately 15 feet from
the southern property boundary. Reduced setbacks for the existing dwelI1ngs should be
allowed so as to not create a non-conforming use upon rezone of the property. Should the
dwellings be removed or need to be replaced the setbacks for the newly constructed
dwelling should meet those which are recommended for the newly created lots. Staff
recommends the following setbacks:
Front
Rear
Side
Additional Setback for
Multi-Story structures
Side (street)
Side adjacent to pathway
Existing dwellings
Front
Rear
Side
Side (Street)
Side adjacent to pathway
20 feet
15 feet
5 feet
2.5 feet
20 feet
15 feet from edge of pathway
20 feet
15 feet
3.5 feet*
20 feet
15 feet from edge of pathway
*Should the existing dwellings be removed and replaced the side setback shall be
5 feet with an additional 2.5 feet for multi-story structures.
Maximum lot coverage 60%
· ECC Section 9-5-4-3 (C) requires that storage areas be provided for the anticipated needs
of boats, campers, and trailers. The applicant has not specified how the storage of boats,
campers, and trailers will be accommodated, whether in a centrally located, screened
enclosure, or upon each individual lot. Past City Council action as allowed for storage to
be addressed through the CC&R's requiring storage of boats, campers and trailers to be
off-site. If the Council determines that individual lot storage is more appropriate than a
common storage facility, the applicant should provide a copy of the CC&Rs for review
which define the proper storage of the boats, campers and trailers whether it is on
individual lots, centrally located, or off-site. If a common storage area IS required, then the
applicant should be required to obtain design review approval and should construct the
storage area prior to City Clerk signing the final plat.
· ECC Section 9-5-4-3 (E) requires that a maintenance building be provided of such size
and in such location as is suitable for the service needs that are necessary for the repair
and maintenance of all common areas. However, the applicant has not provided
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information as to whether a maintenance building will be constructed on site or whether
an outside contractor will be hired by the homeowner's association to maintain and service
the common areas. Past City Council has determined that an outside maintenance
contractor may be more appropriate than an on-site maintenance building, provided the
applicant includes in the CC&Rs provisions which define the guidelines for the
contracting of an outside maintenance firm. If a maintenance building is required, then the
applicant should be required to obtain design review approval and should construct the
maintenance building or provide a copy of the CC&R's for review which define the
guidelines for the contracting of an outside maintenance firm, prior to the City Clerk
signing the final plat.
STAFF RECOMMENDED FINDINGS:
. Rezone: With regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided to staff to date, staff believes that the
proposed rezone is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested MU-DA zoning designation is consistent with the Mixed Use land
use designation shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdictIOn over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve any and all uses allowed on this property under
the proposed zone;
c. The proposed MU-DA zone (Mixed Use with a Development A!,'feement) is
compatible with the MU-DA zone (Mixed Use with a Development Agreement)
and land use to the east since this site is currently a commercial business (Camille
Beckman) and the applicant is required to provide buffering adjacent to the
property line;
d. The proposed MU-DA zone (Mixed Use with a Development Agreement) is
compatible with the RUT zone (Rural Urban Transitional-Ada County
designation) and land use to the west since this site is currently a single family
residence and pasture and could be developed in a similar manner;
e. The proposed MU-DA zone (Mixed Use with a Development Agreement) is
compatible with the RI zone (Residential-Ada County designation) and land use
to the north since this area is developed into a subdivision;
f. The proposed MU-DA zone (Mixed Use with a Development Agreement) is
compatible with the RUT zone (Rural Urban Transitional-Ada County
designation) and land use to the south since this area is currently a single family
residence, State of Idaho Lands and buffered by the Boise River;
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.
. Preliminary Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the
Commission and Council", and based upon the information provided to staff to date, staff
believes that the proposed preliminary plat is in accordance with the City of Eagle Code
because:
1. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle
City Code Title 9, as shown within the findings provided Within this document
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and the proposed residential use is in accordance with the residential land use
designation of this area shown within the Comprehensive Plan;
2. The subdivision will be served adequately by essential publie facilities sueh as
streets, police and fire protection, schools, drainage structures, refuse disposal,
water and sewer; or that the persons or agencies responsible for the establishment
of the proposed use shall be able to provide adequately any such services, as noted
in the documentation provided from said agencies and as required as a part of the
conditions of approval;
3. That there are no known capital improvement programs for which this
development would prevent continuity;
4. That based upon agency verification and additional written comments of the Eagle
Fire District, Eagle Sewer District, and Ada County Highway District as
conditioned herein, there is adequate public financial capability to support the
proposed development;
5. That any health, safety and environmental problems that were brought to the
Commission and Council's attention have been adequately addressed by the
applicant or will be conditions of approval as set forth within the conditions of
approval herein.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Annexation,
Rezone with development agreement, and Preliminary Plat with conditions as provided within the
staff report for both the development agreement and the subdivision site specific conditions and
standard conditions of approval.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
October 23, 2006, at which time testimony was taken and the public hearing was closed. The
Commission directed staff to work with the applicant regarding concerns with setbacks and
open space and continued the item to November 6, 2006 hearing. On November 6, 2006, the
Planning and Zoning Commission reviewed the staff recommended changes to the conditIOns
of the development agreement and site specific conditions and made their recommendation at
that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by two (2) individuals (not including the applicant/representative) who are
pleased with the style of development. The individuals indicated they would like to develop
their property in a similar manner. The individuals also indicated that sewer, drainage, and
traffic be addressed and show how it may affect their properties which are adjacent to the site.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION REGARDING
DEVELOPMENT AGREEMENT:
THE
ANNEXATION,
REZONE
AND
The Commission voted 5 to 0 to recommend approval of A-ll-06/RZ-13-06 for an annexation and
rezone from RUT to MU-DA with the following staffrecommended conditions to be placed within
a development agreement with strikethrough text to be deleted by the Commission and underline
text to be added by the Commission.
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2.1 Applicant will develop the Property subject to the conditions and limitations set forth in
this Development Agreement. Further, Applicant will submit such applications regarding
design review, preliminary and final plat reviews, and/or any conditional use permits, if
applicable, and any other applicable applications as may be required by the Eagle City
Code, 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.
2.2 Applicant shall provide and construct, in accordance with the provisions of Eagle City
Code Section 9-4-1-6, a minimum ten foot (10') wide asphalt public pathway along the
portion of the Property adjacent to the North Channel of the Boise River. The specific
location and design of the pathway shall be approved by the City of Eagle Park and
Pathway Development Committee prior to submittal of a design review application. The
asphalt pathway shall be located in a recorded easement or easements dedicated to and
accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument
number of the recorded easement or easements shall be referenced on the face of the plat
for Angler's Hamlet Subdivision, upon recordation of the final plat wherein the pathway is
located.
2.3 The density for the property shall not exceed 3.70 dwelling units per acre.
2.4 No more than seven (7) dwellings within the subdivision shall have a second story.
2.5 Applicant shall provide a site plan showing all areas that are to be maintained by the
homeowners' association and no certificate of occupancy for a dwelling shall be issued
prior to the installation of the landscaping on the lot where the dwellings is located.
2.6 The setbacks shall be as follows:
Front
Rear
Side
Additional Setback for
Multi-Story structures
Side (street)
Old Valley Road (street)
Side adjacent to pathway
Existing dwellings
Front
Rear
Side
Side (Street)
Side adjacent to pathway
20 feet
H ;Lfeet
5 feet
2.5 feet
;W lQ feet
5 feet
H lQ feet from edge of pathway - No two story
structures
20 feet
15 feet
3.5 feet*
20 feet
15 feet from edge of pathway
*Should the existing dwellings be removed and replaced the side setback shall be
5 feet with an additional 2.5 feet for multi-story structures.
Maximum lot coverage 60%
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2.7 The applicant shall provide an Environmental Impact Assessment to the City with an
analysis of the proposed developments impact to the immediate area. The Environmental
Impact Assessment shall be provided prior to the City Council approving a preliminary
plat.
2.8 The applicant's property shall comply with all applicable Eagle Sewer District's
regulations and conditions prior to the submittal of a final plat application. Prior to
issuance of any building permits, Applicant shall provide proof of central sewer service to
the proposed residential and commercial uses. A letter of approval shall be provided to
the City from the Idaho Department of Health and Welfare, Department of Environmental
Quality, and/or Central District Health, prior to issuance of any building permits.
2.9 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) An operations and maintenance manual for the irrigation system requiring the
association(s) shall have the duty to maintain and operate the pump providmg water to
the system including the funding mechanism for the repair and replacement of the
pump.
(c) Home owners and the home owner's association shall have cross-access within the
common areas and easements adiacent to the common areas to allow for maintenance
of homes adiacent to the common areas.
(d) Upon development of the property to the east of Angler's Hamlet Subdivision, North
Angler's Cove Place will serve as the primary street for access.
2.10 Applicant shall provide a report or analysis of any proposed changes to wetlands located
on the Property and any such change shall be contingent upon approval by the Idaho Fish
& Game Department (if applicable), the Idaho Department of Water Resources (if
app 1 icable), the Army Corps of Engineers, the City of Eagle, and any other appropriate
governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan
and City Code. The applicant shall provide documentation of an approved 404-Permit for
work within any wetlands on site prior to the submitting an application for final plat
approval.
2.11 Applicant agrees all development and improvement of the Property shall comply with rule
and regulations pertaining to regulated wetlands.
2.12 The single-family dwellings shall be constructed in substantial conformance to"Tuscany"
style architecture as shown in Exhibits"
To assure compliance with this condition, the applicant shall create an architectural
control committee (ACC) as a component of the development's CCR&S. ProviSions
regarding the creation and operating procedures of the ACC shall be included in the
CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of
the first final plat.
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The submittal of the building permit application to the City for each structure within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applieations that do not have an approval letter attached will
not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to
deny, at its discretion, any building permit application that does not substantially conform
to the design requirements as shown on the Exhibits "_"
2.13 The applicant shall submit a design review application showing at a minimum: I)
proposed development signage, 2) planting details within the proposed and required
landscape island and all common areas throughout the development, 3) landscape
screening details and buffering for the residential units adjacent to the Camille Beckman
property 4) elevation plans for all proposed common area structures and irrigation pump
house (if proposed), 5) landscape screening details of the irrigation pump house (if
proposed), 6) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities, 7) design of ponds to be
constructed in reference to mosquito abatement. The design review application shall be
reviewed and approved by the Eagle Design Review Board and Eagle City Council prior
to the submitting an application for final plat.
2.14 Applicant shall provide pedestrian and bicycle public access with a pathway from North
Anglers Cove Place to the greenbelt pathway. The pathway shall be approved by the City
of Eagle Park and Pathway Development Committee prior to submittal of a design review
application.
2.15 Upon approval by the owner the applicant shall install landscape screening at 4210 W.
Old Valley Road so as to mitigate the effects of car lights, noise, etc. created from vehicles
gaining ingress/egress from the subdivision per the agreement between Dave Roylance
and Marion and Mary Moore, date stamped by the City on October 19,2006 (Exhibit _).
The landscape screening shall be installed prior to building permits being issued for
dwellings within the subdivision.
2.16 Provide open space amenities along the wetland area and Boise River as generally shown
on Exhibit
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend approval of PP- 13-06 for a preliminary plat for
Angler's Hamlet with the following staff recommended site specific conditions of approval and
standard conditions of approval with strikethrough text to be deleted by the Commission and
underline text to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-13-06.
2. Comply with all requirements of the City Engineer.
3. 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.
4. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404-
Permit prior to submitting application for final plat approval. Should a 404-Permit be required a
copy of the final approval from the Army Corps of Engineers shall be required prior to submitting
an application for final plat approval.
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5. Provide a re'iised prelimi!lary plat showi!lg a bHffer area loeated within a eommon lot adjacent to
th.e eastern boundary as reqHired per Eagle City Code 8 2/\ 7(J)(2)(a) prior to submitti!lg a Design
Review applieation for review and appro'ial by the DesigR Revie'n' Board.
6. Provide a revised preliminary plat with a note prohibiting lots within the subdivision from gaining
direct access from West Old Valley Road, Frost Lane, and the existing gravel road on the western
boundary prior to submitting an application for final plat approval.
7. Provide a re'iised preliminary plat shmving additional open space !lot inclusive ofth.e v.etland area
on the western bOHndary of the develoj'lment prior to submitting an application for final plat
approval.
8. Provide a revised preliminary plat showing the typical street section for West Old Valley Road
with the right-of-way line at the property line prior to submitting an application for final plat
approval.
9. Provide a resolution to the property line issue regarding the location of the structure encroaching
from the property to the south of Lot 20, Block 3, of as shown on the preliminary plat date
stamped by the City on August 25,2006, prior to approval of a final plat.
10. Provide a copy of the license agreement with Ada County Highway District (ACHD) for
landscaping and sidewalks to be located in the right-of-way and a copy of the easement provided
to ACHD for the sidewalks to be located outside of the right-of-way prior to final plat approval.
11. Provide a revised preliminary plat delineating and noting a ten foot (10') wide rear lot line
easement adiacent to all rear lot lines for drainage, utilities and access for maintenance of homes
adiacent to the common areas prior to submitting an application for final plat.
12. Provide documentation from service providers locating services within the same easement as the
pressurized irrigation that the pressurized irrigation will not pose a hazard to the adjacent services
prior to submitting a final plat application.
13. Provide documentation that additional water rights for pressurized irrigation have been provided
prior to submitting an application for final plat.
14. In lieu of providing an on-site storage area for boats, campers and trailers, the developer shall
provide a copy of the subdivision CC&R's showing the prohibition of the storage of recreational
vehicles, utility trailers, etc. within the development for review by staff and the City Attorney prior
to submitting application for final development plan/final plat approval.
15. In lieu of providing a maintenance building on-site, the developer shall provide justification on
how the maintenance of the common areas will be handled without the need of a maintenance
building the CC&R's shall show that the common areas shall be maintained by a contracted
property/landscaping company.
16. The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Angler's Hamlet Homeowner's Association. The applicant shall provide a copy
of the CC&Rs (which include a similar statement regarding the common areas) for review and
approval by the City attorney prior to the approval of the final plat. The CC&Rs for the Angler's
Hamlet Homeowner's Association shall provide that the association 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.
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17. The applicant has determined that a "Tuscany" style of architecture will be utilized within this
development. The applicant shall create an architectural control committee (ACC) as a component
of the subdivision CC&Rs to review the architecture style of the homes to be eonstructed in this
development. Provisions regarding the creation and operating procedures of the ACC shall be
included in the CC&R's, and shall be reviewed and approved by the City attorney pnor to the
approval of the final plat.
18. Provide documentation indicating central services are provided to the existing dwellings to remain
on Lot 20, Block 3, of the preliminary plat date stamped by the City on August 25, 2006, prior to
the City Clerk signing the final plat.
19. Provide documentation showing the proper approvals have been provided and the wells and
septics have been abandoned for the existing dwellings shown on Lot 20, Block 3, of the
preliminary plat date stamped by the City on August 25, 2006, prior to the City Clerk signing the
final plat.
20. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
21. The side setback (that side adjacent to the pathway) for structures adjacent to interior pathways
shall be HfteeH ten feet (H lQ') minimum from the edge of the pathway.
22. 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 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 within root barriers in the &-
feet 6-foot wide landscape strip between the 5-foot wide concrete sidewalk and the 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. 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.
23. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. 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 City
Forester and the Design Review Board) shall be provided for Design Review Board approval prior
to the submittal of a final plat. The applicant shall have an on-site meeting with the City Forester
to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be
installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved,
prior to the commencement of any construction on the site.
24. Construct a minimum five foot (5') wide detached concrete sidewalk along W. Old Valley Road
abutting this site.
25. Add a note to the final plat which states that, "Minimum building setback lines shall be in
accordance with the setbacks as set forth in the conditions of the development agreement for RZ-
13-06 at the time of issuance of a building permit.
26. The Angler's Hamlet Subdivision shall remain under the control of one Homeowners Association.
27. The applicant shall provide CC&Rs that the Angler's Hamlet Subdivision Homeowner's
Association shall have the duty to maintain and provide a funding mechanism for the repair and/or
replaeement of equipment of the pressurized irrigation system in perpetuity.
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28. The applicant shall meet with the Parks and Pathway Development Committee for a
recomendation regarding the regional pathway alignment on the west side of the property prior to
submitting an application for Design Review.
29. The applicant shall provide CC&R's with language indicating that upon development of the
adiacent property to the east N. Anglers Cove will be utilized as access.
ST ANDARD 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. 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 sib'Iling 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.
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
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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 eanal, 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 si~,'l1ing 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 (i.e.; Commercial, Industrial. Schools, etc.).
Flow rates shall be inspected in accordance with all agencies havmg 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.
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 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.
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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 and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall record the subdivision CC&R's in the office of the Ada County Recorder pnor
to the sale of the first lot. The applicant shall provide the City a copy of the recorded CC&R's
prior to the issuance of any building permits.
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 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.
20. 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.
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.
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 apphcant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
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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 certi fied check.
30. 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.
31. 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.
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.
31. 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.
32. 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.
33. 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.
34. 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 on site at 6:00 PM, March 24, 2006, on site in compliance with
the application submittal requirement of Eagle City Code. The applications for the Annexation,
Rezone and Preliminary Plat were received by the City of Eagle on May 2, 2006.
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
ordinances on September 16, 2006. 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 September 12,2006. The site was posted in
accordance with the Eagle City Code on May 26, 2006. Requests for agencies' reviews were
transmitted on August 30, 2006 in accordance with the requirements of the Eagle City Code.
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3. The Commission reviewed the particular facts and circumstances of this proposed annexation and
rezone (A-l I -06/RZ-13-06) with regard to Eagle City Code Section 8-7-5 "Action by the Commission
and Council", and based upon the information provided eonc\udes that the proposed annexation and
rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested MU-DA zoning designation is consistent with the Mixed Use land
use designation shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities eXist, or are
expected to be provided, to serve any and all uses allowed on this property under
the proposed zone;
c. The proposed MU-DA zone (Mixed Use with a Development Agreement) is
compatible with the MU-DA zone (Mixed Use with a Development Agreement)
and land use to the east since this site is currently a commercial business (Camille
Beckman) and the applicant is required to provide buffering adjacent to the
property line;
d. The proposed MU-DA zone (Mixed Use with a Development Agreement) is
compatible with the RUT zone (Rural Urban Transitional-Ada County
designation) and land use to the west since this site is currently a single family
residence and pasture and could be developed in a similar manner;
e. The proposed MU-DA zone (Mixed Use with a Development Agreement) is
compatible with the Rl zone (Residential-Ada County designation) and land use
to the north since this area is developed into a subdivision;
f. The proposed MU-DA zone (Mixed Use with a Development Ah'Teement) is
compatible with the RUT zone (Rural Urban TransitIOnal-Ada County
designation) and land use to the south since this area is currently a single family
residence, State of Idaho Lands and buffered by the Boise River;
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 preliminary plat
(PP-13-06) 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 subdivision will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as
shown within the findings provided within this document and the proposed residential use
is in accordance with the residential land use designation of this area shown withm the
Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets,
police and fire protection, schools, drainage structures, refuse disposal, water, and sewer;
or that the persons or agencies responsible for the establishment of the proposed use shall
be able to provide adequately any such services, as noted in the documentation provided
from said agencies and as required as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire
District, Eagle Sewer District, and Ada County Highway District as conditioned herein,
there is adequate public financial capability to support the proposed development;
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e. That any health, safety and environmental problems that were brought to the Commission
and Council's attention have been adequately addressed by the applicant or will be
conditions of approval as set forth within the conditions of approval herein.
DA TED this 20th day of November 2006.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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€,~ P~rce, Chairman
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