Findings - CC - 2006 - A-11-06/RZ-13-06/PP-13-06 - Hamlet Subd/42 Lot/10 Acre/4171 W. Old Valley Road
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZOl'iE )
FROM RUT TO MU-DA AND PRELIMI~ARY )
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 Prelimmary Plat applicatlOns came before the Eagle CIty
Council for their decision on December 12, 2006, at which time public testimony was taken, the public
hearing was closed. The Council having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FI;\IDINGS 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. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held on March 24, 2006, at 6:00 PM, on sile 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 TItlc 67, Chapler 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 lhe subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on September] 2, 2006. Requests for agencies' revtews were transmItted
on July 26, 2006, in accordance with the requirements of the Eagle City Code. Thc site
was posted in accordance with the Eagle City Code on August 30, 2006
Notice of Public Heanng on the application for the Eagle City Council was publIshed in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eaglc City
ordinances on November 27, 2006. Notice of this public hearing was mailed to propcrty
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 November 21,
2006. The site was posted in accordance with the Eagle City Code on November 28, 2006
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/ A
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E. COMP ANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The City is requesting a development agreement to ensure the development of the 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 devclopment
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 condltional use permlt 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 liSE
DESIGNA TION DESIGNATION
Existing RUT (Rural Urban
Mixed Use Transitional-Ada County Residence and vacant land
designation)
Proposed No Change MU-DA (Mixed Use with Single-famtly residenlial
Development Agreement)
North of site RI (Residential-Ada County Residential. Benmor
Mixed Use designatlOn) Subdivision
South of site Floodway and ResidentIal RUT (Rural Urban Smgle famtly residence,
Estate TransitlOnal-Ada County State of Idaho Lands. and
designation) the Boise River
East of site Mixed Use MU-DA (Mixed Use with Camtlle Beckman
Development Agreement)
West of site Mixed Use RUT (Rural Urban Single-famtly residential
Transitional-Ada County
designation) and pasture
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
I. SITE DATA:
Total Acreage of Site - 10.0 acres
Total Number of Lots - 42
Residential - 37
Commercial - 0
Industrial - 0
Common - 5
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Total Number of Units -
Single-family - 37
Duplex - a
Multi-family - a
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwellmg Units Per Gross Acre 3.7 -units per acre ] a-units per acrc maxImum
Minimum Lot Size 4,531.67-square feet 7,000-square feet
Except that a decrease Ofl11lnilllUIll
lot size in a subdivision may be
allowed If there is an otTsettll1g
increase of the same square-footage
in open space and J pbnncd Ulllt
dcv'clopmcnt or development
agreement in .\lIU lone is upplicd for
and approved) - per ECC Section S-
2-4 (G).
Minimum Lot Width SO-feet SO-feel
Minimum Street Frontage 49- feet 35-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-aeres for lots smaller
than the minimum - pCI' 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%*
*:\'ote: 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 25,2006. shows a lotal 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 withm 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. Cranet1y Way at whieh poinl
the pathway will cross the wetland area adjacent to the western boundary and lerminalc at
the gravel driveway located adjacent to the site. The common area located on lhe 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.
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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, wlll be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb. or to the
drainage easement, and that no runoff shall cross any lot line onto another lot excepl
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 reqUlres utility easements to be not less than twelve fcet
(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 trom lhe existing
artesian well on-site. The artesian well wlll 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 compames lhe 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 lhe community (such as trees.
watercourses, historic spots and similar lITeplaceable assets) shall be preserved In lhe
design of the subdivision. The Boise River and the Middleton Mill Ditch Company dram
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 excavation 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 f()ot (29')
wide roadway section (as measured from back of curb to back of curb). Rolled 3" curb and
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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 lhe
subdivision.
Cul-de-sac Design:
One 430-foot cul-de-sac (N. Crane fly Way) IS proposed wllh a 50-foot radius and 314-
square foot landscape island.
Sidewalks:
A detached five-foot (5') 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 lighling specifications
incorporating a "Dark Sky'. style of lighting shall be provided to the Cily Zoning
Administrator at final plat application. Any modifications 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 reqLllred 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 soulhern 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 righl-of-way or separate easement, as may be specified
by the City Council. The detailed street section does not show a bike lane on lhe 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 palhway.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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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.
Sewer:
The Eagle Sewer District stated in correspondence dated September 7, 2006, that the
property is annexed within the District boundanes 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 sewcr
construction plans will need to be submitted and approved by the District.
Schools:
Joint School District No.2 states that the Mendian School District is currently operating
beyond capacity. Residents wHhin this development cannot be assured their children will
be attending neighborhood schools, as It may be necessary to bus studcnls to othcr schools
across the district.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern.- Yes, Existing pond, wetland, Boise Rivcr
Evidence of Erosion - No
Fish Habitat - Yes-Existing pond
Floodplam - 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
Umque 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 2,2005, submItted by Sage Environmental Service, LLC. The EAP
does not address the effects of the development on the sHe.
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to thc staff
report. Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engincer.s letters dated May 24, 2006, are of special
concern (see attached to the staff'report).
Ada County Highway District
Ballentyne Ditch Company
Central District Health Department
Chevron Pipeline
Eagle Fire Department
Eagle Sewer District
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Idaho Department of Environmental Quality
Idaho Department of Lands
Idaho Power
Idaho Transportation Department
Joint School District No.2
S. LETTERS FROM THE PUBLIC:
Tree valuation from Julie Lafferty, City Forester, date stamped by the City on August 25,
2005 (attached within the staff report).
William D. Frost stated m 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 slrects
takes access directly across from their front yard and will create a hazard for them when
pulling out of the dnveway. They also indicated that headlighls at night will shll1e dircclly
into their living room. The Moore's requested a frontage road be constructed and the
entrance to the subdivision be relocated (attached within the staffreporl).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates
this site as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commcrclal. and
residential developments. Uses should complement uses within the Central Business
District (CBD). Development withm this land use designation shOLtld be required to
proceed through the PUD and/or Development Agreement process, see specific plannll1g
area text for a complete description.
Chapter I
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 10 the
people at reasonable cost.
d. To ensure that the important environmental features of the City and its Impact
Area are protected and enhanced.
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g. To ensure that the development ofland is commensurate with the physical
characteristics of the land.
h. To protect lite and property in areas subject to natural hazards and disasters.
1. To protect fish, wildlite, and recreation resources.
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 spcclal dislricts
provide the basic services of water, sewer, school, police, fire and library to
residents. With Eagle's growing population comes the need for incrcased 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 providcrs,
it must be involved in any plans that will etlect the commumty. Service providers
currently include:
.
The Eagle Sewer District provides sewer service within a designated scwer
service area. Larger lot homes have wells and septic systems and musl
comply with Central District Health Department requIrements.
.
The Meridian and BOise School Distncts 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 irrigalion
systems for the irrigatIOn of landscaping when new development is within 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 residenls, 11 is
necessary to maintain a tax base that is adequate for providing expected public
services.
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6.5 Goal
To preserve the rural transitional idenl1ty.
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 ditchcs 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.
Chapter 7
7.5
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
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 Cat line 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; importanl 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
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located along roadway nght-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
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 oflhe City of Eaglc 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 blcyclc
circulation in accordance with the City of Eagle Transportation/Pathway
Network Maps # I 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 colleclors.
I. If the Highway District or !TO do not require traffic impact studIes lor ncw
development, the City of Eagle may require a tramc 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 ofberrns and landscaping lor all developmenls
to enhance safety and to ennch the roadway and commuDlty appearance.
p. Encourage sidewalks that are separated from the curb on all streets, cxccpt f()r
areas where Eagle City Code requires sidewalks to abut the curb and wherc
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 tor strcet
trees between the sidewalk and roadway should be required to provide a
canopy effect over the roadways. The type of street trees used should bc those
which have root systems that have proven to not cause sidewalk or curb
damage when in close proximIty to such improvements.
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q. Design and/or alih'11 roads to preserve existing trees wherever possible: safety
shall not be compromised.
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 discourage traffic from CUlling through
neighborhoods to go from a collector or arterial to another collector or arterral.
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 non motorized multi-use paths that are separate features from bicycle
and pedestnan 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 10 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
a. 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 public
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: 1) 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, sorl, forested areas, plant and
wildlife habitats, agricultural lands, and aquifer recharge. watersheds, and
wetlands.
b. To provide an open space selling for active and passive recreatIon for all age
groups throughout the community.
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Chapter I ]
] I. ]
c. To protect against hazards that are inherent to t100d plains, /lood ways, steep
slopes, and areas of geological instabtlity.
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, nalural 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 Siles" are defined as areas, sites or structures of histoncal,
archaeological, architecturaL ecological. or scenic SIgnificance. Special arcas or
sites should be analyzed according to their defined function. Whencver 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 III
manner that reflects harmony with their natural environment and recognized
qualities which render them dIstinctly unique.
The Boise River Floodplam, the Head of Eagle Island, the Dry Creek Floodplam.
and the North Foothills possess a reCObllJized fimction as a wildlife habitat.
floodway 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 scel1lC
concerns have been thoroughly addressed and incorporated into any engllleering
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
Existmg trees and natural features
River and creek greenbelt areas
Potential for permanent open space and natural preserves including stcep
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 ccological
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. Thc
main purpose of the canals and drainage ditches is that of distributing and movmg
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
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 desib'l1 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 Strategles
12.1
c. The floodway shall be reserved as a natural state such as a greenbell. wildlife
habitat, and open space recreational area and for agricultural uses.
g. New residential, commercial, and industrial development shall be required 10
meet minimum design standards as specified by City Ordinances.
I. Buffer and transition zones should be developed between conflictmg lypes 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 m modifymg 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 m an irrigated river valley partitioned by several major
irrigatiOn systems operated by irrigation districts or companies. These entltics
and the water resource they manage are an integral element m the development of
greenscape that typifies the Boise River Valley. This resource and distribulion
network also provides sigmficant 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 irrigalion 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-sile or by means
of appropriation or transfer.
Maintain surface water rights within general areas of use to ensure adequate
supply for the enjoyment of amemties such as city parks and greenbelts.
4.8 Storm Drainage/Flood Control
Storm Drainage
With the continued construction of impermeable surfaces such as rootiops,
asphalt streets. and concrete drives, storm water run-off has become a mailer
requiring increased control and management Receiving streams abundant wllh
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 of receiving 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 combming community
commercial, professional office, and a variety of residential densities. The vision
for the area is to recognize the aclivity 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 pohcies specific to the Park Lane Planning
Area include the following:
The area located along Old Valley Road should be a mixlure 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 10
encourage pedestrian movement through the area.
6.4C.2 Design
Old Valley Road Area:
The design of this area should capltahze on the existing Old Valley Road and
bring activities and uses closer to the road, creatIng a pedestnan 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 REGARDINCl
THIS PROPOSAL:
· Eagle City Code, Section 8- I -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 substanlially open to thc sky,
exclusive of streets, buildings and other covered structures. and shall be designatcd and
intended as a useabJe 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- J -2 defines Planned Unit Development as:
An area of land In which a variety of residential, commercial and induslnal lISCS
developed under single ownership or control are accommodated in a preplanncd
environment with more flexible standards, such as lot size and setbacks, than thosc
restrictions that would normally apply under these regulations.
· Eagle City Code, SectlOn 8- I -2 defines Right Of Way as:
A stnp of land taken or dedicated for use as a pubhc way. In addition to the roadway. it
normally incorporates the curbs, lawn stnps. sidewalks, hghling and drainage facilItlcs,
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 Distncts Established Purposes And RestnctlOns:
The following zoning districts are hereby established. For the interpretation of this tltlc thc
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 subdiVlsion and lot spilt
applications submitted after the effective date hereof in all dislricls exceeding one
dwelling umt per two (2) acres (R-E).
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses sueh as
limited office, limited commercial, and residenl1al. ThIS district is intended to ensure
compatibility of new development with exisling and future developmenl. 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 thc
Ml' zoning district, as shown in section 8-2-3 of this chapter, shall occur undcr thc
pu~ and/or development agreement process in accordance with chapter 6 or 10 of
this title unless the proposed development does not meet the area requirements as set
forth in section 8-6-5-1 of this title. In that case a cooperatIve development, in
conjunction with adjacent parcels (to meet the minimum area requirements), shall be
encouraged. Otherwise a conditional use permit shall be required unless the proposed use
is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapler.
Residential densities shall not exeeed ten (10) dwelling unils per gross acre. When a
property is being proposed for rezone to the Ml! zoning district a developmcnt
agreement may be utilized in lieu of the PliO and/or conditional usc process if
approved by the city council provided the development agrccment includes
conditions of development that are required during the PUO and conditional usc
process.
· Eagle City Code Section 8-2-4 Schedule of Height and LOl Area Regulations:
Zoning Maximum [JlJ Interior Street Maximum Minimum Lot Minimum I '
District Height Side Side Lot Area (Acres Or Lot I
Covered Sq. Ft.) G And Width I'
H- I II
IMU 113s' 1~~JI7s' 1120' IISO% 117,000 I Iso' II
· Eagle City Code Section 8-2-4(B):
Additional 5 feet per story setback for multi-story structures. Height not to exceed 3
stories except by conditional use permil.
· Eagle City Code Section 8-2A-7 (1) Buffer Area/Common Lots:
a. Delimtion: A transition zone or buffer area consists of horizontal space (land) and
vertical elements (plants, berms, fences, or walls). The purpose of such buffer spaee is
to physically separate and visually screen adjacent land uses which arc not fully
compatible due to differing faCIlities, activities, or different intensitIes of use, such as
Page 1601'39
K:"Planning Dept\Eagle ApplicatloIlS\SLJ8S\20()()\Anglcr's Hamlet ceLLInI.'
townhouses and a convemence store, or a high volume roadway and resldenlial
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, Chapler 6 Planned Unit Developments
8 -6-1: Purpose:
!l shall be the policy to guide a major development of land and construction by
encouragmg planned unit development (PUD) to achieve the followmg:
A. A maximum choice of living enVIronments by allowmg a variety of housing and
building types and permitting an mereased density per acre and a reduction m lot
dimensions, yards, building setbacks and area requirements;
C. A development pattern which preserves and utilizes nalural topography and
geologic features, scenic vistas, trees and other vegetation and prevents thc
disruption of natural drainage patterns;
8-6-5-2: Common Open Space:
A. Required Common Open Space: A minimum of ten percent (10'1..) of the gross
land area developed in any residentIal PUD project shall be reserved fi.)f common
open space and recreational facilitIes for the residents or users of lhe 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 m 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 nol acceptable for common
open space dedication unless such land or right of way is usable as a lrail or othcr
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: Existmg 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 seale
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-]O-I(A): Requirements and Restrictions (for deve]opmenl
agreements):
Purpose: Development agreements are a discretionary tool to be used by the Council as a
condition of rezoning. Development agreements allow a specitic 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
REGARD]NG THIS PROPOSAL:
· Eagle City Code, Section 9-]-6 defines Easemenl as:
A grant by a property owner to specific persons or to the public to use land for specJ1ic
purposes. Also, a right acquired by prescription.
· Eagle City Code, Section 9-]-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 struclures.
· 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 fi"ont 101 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 10 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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K:\Planning Depf''.Eagle Applications\SU8S\2()O()\Anglel"s HamIel cc[Joc
C. Special Developments: In the case of planned unit devclopments and largc
scale developments, the council may require sufficient park or open spacc
facilities of acceptable SIze, location and site characteristics lhat may bc
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 followmg conditions and speciticallons.
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. hercinaticr rcferrcd
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 assumc
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, shoppmg ccntcrs, etc.
The following factors will be considered in the placement of any pathway: lhc
utility and need for a gIven pathway, impacts to existing neighborhoods,
compliance with the transportation/pathway network maps within lhe
comprehensive plan, pathway design as it relates to both crime preventIon and
function, and the responsibilities of ownershIp, maintenance, and liabllily.
B. Location:
I. The city shall req uire the creation and maintenance of pathways, (cxcept
in cases where it is shown to be inappropriate), that provides access to
adjacent:
c. Adopted pathway elements within the comprehensivc plan and thc
ridge to rivers pathway plan;
D. Pathway Design: While the city may exercise conSiderable discretion in
determining the design of pathways, the following minimum slandards should
be followed:
I. The paved portion of the pathway may range from six feel (6') to tcn fect
(10') in Width. Micropathways within subdiviSions which are designed f()r
primary use by thc residences of the subdivision shall be a minimum six
feet (6') wide and shall be located within a sixteen foot (16') wide
pedestnan access easement. Regional pathways such as the Boisc Rivcr
greenbelt and pathways located adjacent to major roadways shall be a
minimum ten feet (] 0') wide and shall be located within a twenty foot
(20') wide pedestrian access easement.
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F. Sidewalk Design:
I. Sidewalks. a minimum five feet (5') wide, shall be required on both sides
of the street; except, that where the average width of lots, as measured al
the street frontage Ime or at the building setback line, IS over one hundred
feet (100'), sidewalks on only one side of the strect may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in
accordance with the standards and specificatIOns ofthc Ada County
highway district.
3. Sidewalks shall be separated from the edge of the abuttmg 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 withm the subdIVISIOn. Installation of landscaping shall be m
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:
I. For any new subdiVision and/or PUD, 10 be provided wllh a public water
system and containing more than four (4) lots, all residential dwelling
units within such subdivision shall be provided with a pressurizcd
irrigation system 10 be served wllh irrigation water unless a waiver, as
outlined herein, is approved by the city council.
9-4-1-11 Fire Hydrants and Water Mains:
Adequale fire protection shall be required in accordance with the appropriale 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 residenlial 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 appropnatc 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 Concern: Hazardous or unique arcas may bc
designated as an area of cntical concern by the cIty council or 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 ofthc existing unique
conditions. Hazardous or unique areas that may bc designated as areas of
cntical concern are as follows:
I. 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 pial application for any
development that is proposed within an area of critIcal concern.
The content of the environmenlal assessmenl shall be prepared by an
Interdisciplinary team of professionals that shall proVide answers to the
following questIOns:
I. What changes will occur to the area of environmental concern as a resull
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 lhe development have on thc
environment includIng, but not limlled to, animal life, plant Iifc, social
concerns. economic, nOIse, visual, available farm land and other'>
E. DISCUSSION:
· The 2000 Comprehensive Plan desi,gnates 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 lots within Benmor
Subdivision north of the site currently zoned RI (Residential-Ada County designation).
Since the area bordering the proposed development on the north and wesl 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 butTered 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 developmenl 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 (I O'Yo) of open space for all lots not
meeting the minimum lot size of7,000 square feet required in the Mixed Use (MU) zonc.
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 ofthc
development is a wetland area. Wetland areas are not to be countcd towards thc open
space requirement per Eagle City Code. Although Eagle City Code also statcs that cXISllllg
natural features which add value to residential development and enhance the attractiveness
of lhe commumty (such as trees, walercourses, 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 developmenl to
have an area for recreational and social opportumties.
· The Camille Beckman facility is located to the east of the proposed devclopmcnt. Since
the applicant is proposing to construcl a residentIal development adJacenl to a commercial
use a bufTer area should be provided to meet the requirements of Eagle City Codc iI-2A-7
(J)(2)(a) for butTering between areas that are not fully compatible. The applicant should
provide a revised preliminary plat showing a butTer area located within a common lot as
required per Eagle City Code 8-2A-7(J)(2)(a) prior to submitting a Design Revlcw
applicalion 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 thc 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 stampcd 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 prelimlllary
plat with a note prohibiting lots within the subdivision from gaining dircct access from
West Old Valley Road, Frost Lane, and the existing gravel road on the wcstern 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 idenlifies this arca
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 lIldicated 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 ab'Teement with Ada County Highway
District (ACHD) for landscaping and sidewalks to be located in the nght-ot~way and a
copy of the easement given to the ACHD for the sidewalks to be located outsldc of the
right-of~way prior to final plat approval.
· As described in the General Site Design Features sections above withm the Open Space,
Green Belt Areas and Landscape: Scre:ening area a greenbelt pathway is proposed to be
located adjacent to the southern boundary of the site where it connects to the cui-de-sac
located at the terminus of N. Cranef1y 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 mstead of paralleling the
river similar to the greenbelt pathway located in other areas of the City. Thc 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 comer of the
development, the pathway should be reviewed and approved by the Parks and Pathway
Development Committee for recommendation prior to submitting a Design Review
application for final plat approval.
· The applicant has indicated m 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 landscapmg
is gOIng to be maintained by the homeowers' association. The applIcanl 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 tor abandonment oCthe
exisling 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 structurc
located on the parcel south of Lot 20, Block 3, encroaching Into the property. [n
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 lhe correspondence that he IS
willing to deed a portion of property at the appropriate time to resolve the cncroachment 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-ol~
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 tinal pial
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 addllional allocation of water shares 10 Irngatc the
0.83 acres not covered under the lands current water rights. The applicant should provide
documentation that additional water rights for pressurized imgation have been prclVIded
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 pnor to Mr.
Robert Nahas purchasing the property. Dunng the investigation by Sage Environmental
Service, LLC, no "recognized enVlronmental conditions" were identified. 11 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 of a
development on the immediate area. The applicant should submit an environmental
assessment plan addressing Eagle City Code. Section 9-5-8(8) for revicw prior to the Cily
Council approving the prehminary plat.
· The applicant is proposing "Tuscany" style architecture to be ulilized within this
development. The applicant should proVlde exhibits of the "Tuscany" stylc architecturc to
be incorporated into the developmenl agreement. The applicant should creale an
architectural conlrol committee (ACC) as a component of the subdivision CC&Rs to
review the architecture style of the homes to be constructed in this developmenl to ensure
the homes are to be constructed in substantial conformance With the "Tuscany" slyle
architecture prior to submitting an application for a building permit. ProviSions regardmg
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 dale stamped by
the City on August 25, 2006. Per Eagle City Code, Section 9-3-1 (A). unobstructed utlhty
easements a minimum of twelve feet (12') m width are required adjacent to rear lot lines.
Since the applicant is requesting reduced setbacks through a development agrcement the
applicant should provide a revised preliminary plat dehneating and noling a ten foot (10.)
wide rear lot line easement prior to submming an application for final plat.
· The prehminary plat date stamped by the City on August 25, 2006. shows thc building
envelopes utilizing reduced setbacks from the standard setbacks allowed within a Mixcd
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/slory for multI-story)
20 feet
Page 24 of 39
K: Planning Dcpt\Eagle Applicatiolls\SUBS\200()\Anglcr's Hamlet ccLuoe
Maximum coverage
60%
SO'Yo
The above noted setbacks are less than the setbacks required by ECC for 7.000 square It)ot
lots m an R-5 zone. It is staffs opinion thai a fifteen foot setback should be provIded
along the rear property line to provide for an easement for utilities and drainage. The slreel
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 pnmary dwelling is located approximately 3.5 feet Irom the
eastern property boundary. The secondary dwelling is located approximately 15 feet from
the southern property boundary. Reduced setbacks for lhe existing dwellings 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 construcled
dwelling should meet those which are recommended for the newly created lots. Staff
recommends the followmg setbacks:
Front
Rear
Side
Additional Setback for
Mull1-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 feel
20 feet
IS 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 trailcrs 10 be
off-site. If the Council determines that mdivIduallot 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 slorage area is required, then lhe
applicant should be required to obtam design review approval and should construct the
storage area prior to City Clerk signmg 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
Page 25 of 39
K:\Planning Dcpt\Eagle AppJications'SUBS\200(I\Angler's liamlct cefuoc
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 mamtain and service
the common areas. Past City Council has determined that an outside maintenance
contractor may be more appropriate than an on-site mamtenance building, providcd the
applicant includes in the CC&Rs provIsions whIch define the guidelines for the
contracting of an outside mamtenance firm. If a maintenance building is required, lhen lhe
applicant should be reqUIred to obtain desih'11 review approval and should construcl the
maintenance buildmg or provide a copy of the CC &R's for review whieh 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 tbat 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 sIle mdicate 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
compalible with the MU-DA zone (Mixed Use with a Development Agreement)
and land use to the east since this site is currently a commercial bus mess (Camille
Beckman) and the applicant is required to provide buffering adjacent to the
property line;
d. The proposed MU-DA zone (Mixed Use wIlh a Development Agreement) IS
compatible with the RUT zone (Rural Urban Transilional-Ada Counly
designation) and land use to the west smce this site is currently a smgle 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 lhe Rl zone (Residential-Ada County designallon) 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 Agrecment) is
compatible with the RUT zone (Rural Urban Transilional-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 10 Eagle City Code 9-2-3 (D)(3 )(a) "Action by the
Commission and Council", and based upon the information provided to slafT 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 wlthin this document
Page 26 of 39
K: Planning Lkpt\Eaglc Applications\SfJ8S'-20()()\Angler's Ilalllkl ceLlinI.:
and the proposed residential use is in accordance with the rcsidential land use
designation of this area shown within the Comprehensive Plan;
2. The subdivision will be served adequately by essential public facllilies such as
streels, pohce and fire protection, schools, dramage 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 Districl as
conditlOned herein, there is adequate pubhc financial capabi lity to support the
proposed development:
5. That any health, safety and environmental problems that were brought to the
CommiSSlOn and Council's attention have been adequately addressed by the
applicant or will be conditions of approval as set forth within the condllions 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 Prehminary Plat with conditions as proVided WIthin thc
staff report for both the development agreement and the subdivision site specitic condItions and
standard condItions of approval.
PCBLIC HEARING OF THE COMMISSION:
A. A pubhc 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 apphcant 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 10 the condillons
of the development agreement and site specific conditions and made their recommendation at
that tIme.
B. Oral teslimony in favor of this proposal was presented to the Planning and Zoning
Commission by two (2) individuals (not including the apphcantlrepresentatlve) who were
pleased with the style of development. The individuals mdicated they would hke 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 10 the site.
C. Oral testimony in opposition to thIS proposal was presented to the Planning and Zomng
Commission by no one.
COMMISSION DECISION REGARDING
DEVELOPMENT AGREEMENT:
THE
ANNEXATION,
REZONE
A:"ID
The Commission voted 5 to 0 to recommend approval of A-l 1-06/RZ-13-06 for an annexation and
rezone from RUT to MU-DA with conditions to be placed within a development agreement as
provided within their findings of fact and conclusions of law document. dated November 20,2006.
Page 27 01'39
K:\Plannillg Dept\Eagle Applications'\SUBS\200()\Angler's Hamlet lxfdoc
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 10 0 to recommend approval of PP-13-06 for a preliminary plat for
Angler's Hamlet with the site specific conditions of approval and standard conditlOns 01' approval
provided within their findings of fact and conclusions of law document, dated November 20.2006.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on December 12, 2006. at which
time testimony was taken and the public heanng was closed. The Council made their decision at thai
time.
B. Oral testimony in favor of this proposal was presented to the City Council by one individual
representing himself and the other property owner who borders this developmenl on lhe eastern
boundary. however they want to be assured that drainage, potable water lines, depth of sewer lines and
the stub street to their property is addressed.
C. Oral testimony III opposition to this proposal was presented to the Clly Council by no one.
D. Oral testimony neither in opposition nor in approval to this proposal was presented to the City Council
by one (1) individual with questions regarding the tiling of the ditch and the future delivery of
lITigation water.
COUNCIL DECISION REGARDING THE REZONE:
The Council voted 4 to 0 to approve A-ll-06/RZ-13-06 for an annexation and rezone from RUT
to MU-DA with the following conditions to be placed within a development agreemcnl with
underlined text to be added by the Council and text shown with strike-through to be delelcd by the
council.
2.1 Applicant will develop the Property subject to the conditions and limitations set forlh in
this Development A!:,'Teement. Further, Applicant will submit such applicallons 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 Cily
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 palhway along the
portion of the Property adjacent to the North Channel of the Boise River. The spectlic
location and design of the pathway shall be approved by submitted to the City of Eagle
Park and Pathway Development Committee for review and recommendation pnor 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 proYlded 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 Hamlct 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 as
shown on Exhibit , and shall be noted on the final plat which lots are deSlgnalcd as such.
Page 28 of 39
K:\Planning Ikpt\Eaglc Applicatioll~\SljI:3S\2()()()\Allg]cr's Hamlet ccfdo(
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
Mull1-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
B 3 feet
5 feet
2.5 feel
;W 10 feet
5 feet
B 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 selback shall be
5 feet with an additional 2.5 feet for multi-story structures.
Maximum lot coverage 60'Yc,
2.7 The applicant shall provide an Environmental Impact Assessment to the City with an
analysis of the proposed development's Impact to the immediate area. The Environmental
Impact Assessment shall be provided prior to submitting an applicatIOn for linal pial tfle
City Couneil approving a preliminary plat.
2.8 A letter of approval shall be provided to the City from the Eagle Sewer District indicating
that the propertv has been annexed into the Eagle Sewer District's service boundaries and
approving the final construction plans pnor to submittal of a linal plat application. +fie
applicant's property shall eom?ly with all applieable Eagle Sewer District's rebulation.;
and conditions prior to the submittal of a final plat application. Prior to Issuance of any
buildinb permits, .^.pplicant shall provide proof of central sewer service to the propo.;cd
residential and commercial uses. ,\ letter of approval shall be provided to the City from
the Idaho Department of Health and 'Nelfare. Department of Environmenlal Qualit).
and/or Central District Health, pnor to isstlanee of any buildinb permlls.
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 10 maintain and operate al] 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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K:\Planning Dept\Eagle Applications\SlJBS\2006\Angler's Ilamkl ecr.doc
(b) An operations and maintenance manual for the irrigation system requinng thc
association(s) shall have the duty to maintain and operate the pump providIng waler 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 maintenancc
of homes adiacent to the common areas.
(d) Upon development of the property to the east of Amder"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 I icable), the Army Corps of Engineers, the City of Eagle, and any othcr appropriate
governmental agencies, and shall be In accordance with lhe Eagle Comprchensive Plan
and City Code. The applIcant shall provide documentation of an approved 404-Permit !(Jr
work within any wetlands on site prior to the submittIng an applIcatIOn for final pial
approval.
2. I I ApplIcant agrees all development and improvement of the Property shall comply with all
rule~ and regulations pertaining to regulated wetlands.
2.12 The single-famlly 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 architeclural
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.
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 Architcctural Control
Committee. Building permit applications that do not have an approval letter attached wIll
not be accepted.
To assure compliance with the condltions of approval herein, the City reserves lhe nght to
deny, at its discretion, any building permit application that does not substantially confixm
to the design requirements as shown on the Exhibits "_"
2.13 The applicant shall submit a design review applIcatIOn showing at a minimum: 1)
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 (11"
proposed), 6) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or simllar amenil1es, 7) desib,'11 of ponds to be
constructed in reference to mosqUIto abatement. The design review application shall bc
reviewed and approved by the Eagle Design Review Board and Eagle City Council prior
to the submitting an application for final plat.
Page 30 of 39
K: Planning Dept\Eagle Applicatlulls\StJl3S\2()()(J\Angler's J-lal11lct cc(Joc
2.14 Applicant shall provide pedestrian and bicycle public access with a pathway from North
Anglers Cove Place to the greenbelt pathway. The locatIOn of the pathway shall be
approved by submitted to the City of Eagle Park and Pathway Developmenl Committee
for review and recommendation prior to submittal of a design review applicalion.
2.15 Upon approval by the owner the applicant shall install landscape screening at 4210 W.
Old Valley Road se--as to mitigate the effects of car lights, noise, etc. created from vehicles
gaining ingress/egress from the subdivision per the agreement between Dave Roylancc
and Marion and Mary Moore, date stamped by lhe City on October] 9.2006 (ExhibIt <;J.
The landscape screening shall be installed prior to buildmg 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 prior to the City Clerk signing lhe final plat.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP-13-06 for a preliminary plat for Angler's Hamlet with thc
following site specific conditions of approval and standard conditions of approval with undcrlinc
text to be added by the Council and text shown with strike-through to be deletcd by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. 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 lhlS
projecl, prior to the City Clerk si6'11ing the final plat.
4. Provide documentation from the Army Corps of Engineers regarding the requiremenl of a 404-
Permit prior to submitting application for final plat approval. Should a 404-Permit bc reqUIred a
copy of the final approval from the Army Corps of Engineers shall be rcquired prior 10 submitting
an applicatIOn for final plat approval.
5. Provide a reVIsed preliminary plat showing a buffer area located within a common lot adjaeent to
the eastern boundary as required per Eagle City Code 8 2.'. 7(J)(2)(a) prior to submitting a De~;ign
Review applieation for reVIew and approval by the Design Review 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 lhc western
boundary prior to submitting an application for final plat approval.
7. Provide a revised preliminary plat showing additional open space not inclusi..'e of lhe y;etland arCH
on the western boundary of the development prior to submitting an applicalion 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 encroachmg
from the property to the south of Lot 20, Block 3, of as shown on the preliminary plat date
slamped 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-ot~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.
Page 31 of 39
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II. 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 imgation will not pose a hazard to the adjacenl 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 lhe prohibition of the storage of recreatIOnal
vehicles, utility trailers, etc. Within the development for review by staff and the Cily Allorney prior
to submitting application for final development pian/fInal plat approval.
15. In lieu of providing a maintenance building on-site, the developer shall provide justitIcation on
how lhe maintenance of the common areas Will be handled wIthout the nccd of a maintenance
building the CC&R's shall show that the common areas shall be maintained by a conlracted
property/landscaping company.
16. The applicant shall place a note on the final plat that all common areas are 10 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 competenI and
attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in
accordance with Eagle City Code, in perpetuity.
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 componenl
of the subdivision CC&Rs to review the architecture style of the homes to be conslructed 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 prior 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 si~,'l1ing 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 lhe
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 (pursuanl 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 intcrior palhways
shall be AAeefl ten feet (-8 lQ') minimum from the edge of the pathway.
22. Provide a revised preliminary plat showing an attached five foot (5 'j wide SIdewalk with vertical
curb prior to submitting an application for final plat.
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K '--Planning Oept\E<lglc Applicatinns\SlJHS'20()()\Angler's Ilamkl cd.Joc
23. 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 lhls
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 a rool barrier no
greater than three feet (3') behind the attached five foot (5') wide sidewalk not less than fortv to
fiftv feet (40' to 50') on center. within root barriers in the 8 foot 6 foot v.ide landscape slrip
between the S foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the linal
plat the applicant shall either Install the required trees, sod, and irrigation or provide the City with
a letter of credit for ISO'Yo of the cost of the installation of all landscape and irrigation
improvements. Trees shall be installed prior to obtaining any occupancy permils for the homes. A
temporary occupancy may be issued if weather does not permit landscaping.
24. 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 lrecs wtll
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 Desih'll Review Board approval prior
to the submittal of a final plat. The applicant shall have an on-site meeting with the Cily Forester
to survey all eXistIng trees. Subsequent to the on-site meeting, construction fencll1g shall bc
installed (pursuant to the City Forester's direction) to protect all trees that are to be prcserved.
prior to the commencement of any construction on the site.
25. Construct a minimum five foot (S') wide detached concrete sidewalk along W. Old Valley Road
abutting this site.
26. 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 agreemenl for RZ-
13-06 at the time of issuance of a building permit.
27. The Angler's Hamlet Subdivision shall remaIn under the control of one Homeowners Association.
28. 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
replacement of equipment of the pressurized imgation system in perpetuity.
29. The applicant shall meet with the Parks and Pathway Development Committee for a
recommendation regarding the regional pathway alignment on the west side of the property pnor
to submitting an application for Design Review.
30. The applicant shall provide language within the CC&R's indicating that N. Anglers Cove will be
ulilized as the primary access for the property to the east upon development.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway Districl and/or lhe
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 uttlities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may nol
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 (1.c. Title SO, Chapter 13 and l.c. 39-118).
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K:\Plal111ing Dept\Eagle Applicatiolls\StJ8S'200()\Angkr's Hamkt ccf.doc
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 entlly 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 bemg constructed with individual septic systems shall have the seplic 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 subdivislOn 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 subdivislOn who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C). which proVides overriding and additional spccitic crltcrla
for pressurized irrigation facilil1es.
Plans showmg the delivery system must be approved by a registered professional engmeer and
shall be approved by the City Engineer prior to the City Engmeer signing the tinal plat.
9. The applicant shall submit a letter from the appropriate drainage entity approvmg the drainage
system and/or accepting said drainage; or submit a letter from a registered professlOnal 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. Dramage 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 bc
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior 10 the City Engineer signing the tinal
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engmeer signing the final plat, requinng that lots be so graded thai
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for imgation water or irrigation waste water owncd by
an organized irrigation district, canal company, ditch associatlOn, 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 Engmecr shall certify thai
any ditch rerouting, piping, covering or otherwise changing the existing irngation or waste dnch
(I) has been made in such a manner thai the flow of water will not be Impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any pcrson or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Slandards for
Public Works Construction. A copy of such written approval and certiticatlon 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 lhe Cny
Engineer prior to the City Engineer signmg the tinal plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineale 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 nght-of-way, prior to the City Engineer signmg thc tinal plat.
Page 34 of 39
K --Planning Dept\Eagle ApplicatiiJlls",SlJHS"2006\Anglcr's Hamlet (cf.doc
The applicant shall pay applicable street light mspection 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 servlcc.
and as may be required by the Eagle City Code, pnor to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submItted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requIrements. and any other items of concern as may be determined by the Eagle Fire Department
offiCIals:
a. The applicant has made arrangements to comply with all requirements of the Firc
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engmeer si!,'I1ing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, I,SOO gallons per minute for dwellings having a fire area in excess of 3.600
square feet, and I,SOO gallons per minute (i.e.; Commercial. Industrial, Schools. elc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction. and shall
be verified in writing by the Eagle Fire Department pnor to issuance of any building
permits.
d. The proposed fire protectIOn system shall be reviewed and approved by the Eagle Fire
Departmenl prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions. acceptable 10 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 reviewcd and
approved by the Eagle City Attorney prior to the City Engmeer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is rcquired.
providmg for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the mamlenance of
structures, grounds and parking areas shall be reviewed and approved by thc Eagle City Attorney
prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsIble for the operation and maintcnance oflhe slorm
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 approvcd 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 lhe 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
pnor 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 Engmeer signmg lhc
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 Committce prior to
approval of the final plat by the City CouncIl.
Page 35 of 39
K:",Planning Dept\Eaglc Applicatiors',SUBS\200()\Angkr's Ilamlct ceLuOl.:
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 budding setback
lines shall be in accordance with the applicable zonmg and subdivision regulations at the time or
issuance of the building permit or as specifically approved and/or required".
22. The appheant shall comply with the provisions of the Eagle City Code, pel1aimng to floodplain
and river protection regulations (ifapphcable) 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 linal 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 signmg the tinal
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabihties Act, Umform Building Code, Eagle City Codc, Eagle
ComprehenSive Plan, and all apphcable County, State and Federal Codes and Regulations shall be
comphed with. All design and construction shall be in accordance with all apphcable 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 apphcation for moddication and
approval of that apphcation prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this apphcation, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restnctions in
force at the time the apphcant or its successors in interest submits apphcation 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 authonze the construction of any of the pubhc 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 or
performance in the amount of 150'Yo of the total estimated cost for completing any required
Improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The tinancial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdiviSion
withm 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 Engmeer, Central District
Health Department, Ada County Treasurer, Ada County Highway District CommiSSioners, City
Engineer, and City Clerk.
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K:\Planlling Dcpt\Eaglc Appllcatiolls\SlJBS\200()\Anglcr's Hamlet l:cf.tlOC
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 apphcation.
31. The applicant shall submit cut sheets showmg street lighting details for review and approval by the
Zonmg 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 inspcction 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 surroundmg land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
34. The apphcant 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:
I. A Neighborhood Meeting was held at on site at 6:00 PM, March 24, 2006, on site m comphance 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 heanng was mailed to property owners
Wllhin three-hundred feet (300-feet) of the subject property in accordance with the requirements or
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.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the reqUIrements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on Novcmber
27, 2006. Notice of this public hearing was mailed to property owners withm 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 November 21, 2006. The site was posted in accordance with the Eagle City
Code on November 28,2006
3. The Council reviewed the particular facts and circumstances of thiS proposed annexation and rezone
(A-l l-06/RZ-13-06) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the mformation provided concludes that the proposed annexation and rezone
is in accordance with the City of Eagle Comprehensive Plan and estabhshed 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 havll1g Jurisdiction over the public
facilil1es 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
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K:\Planning Depl\Eagle Applicaliolls\SUI3S\200(I\Anglcr's Hamlet C"cfdoc
property line;
d. The proposed MU-DA zone (Mixed Use with a Development Agrccmcnt) is
compatible with the RUT zone (Rural Urban Transitional-Ada County
designation) and land use to the west since this site is cun-ently a single family
residence and pasture and could be developed in a simtlar manner:
e. The proposed MU-DA zone (Mixed Use with a Development Agrcement) 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 "Spccial
Area" as described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-13-
06) and based upon the information provided concludes that the proposed prcliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The subdivision wtll be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan and/or Eagle City Code Titlc 9, as
shown within the findings provided wIthin this document and the proposcd residential use
is in accordance with the residential land use designation of this area shown withll1 the
Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets,
poliee 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;
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.
f. That based upon the applicant utilizing a development agreement 111 lieu of a planned Unit
development the attached sidewalks allowed within the development do not set a
precedence since the applicant is utilizing a development pattern which preserves and
utilizes natural topography and geologic features, scenic vistas, trees and othcr vegetation
and prevents the disruption of natural drainage patterns.
g. The open space calculation of 22. 9'!lo of the development is inclusive of the wetland area
(the wetland area compnses of 34'X, of the total open space area) and Eagle City Code
Title 9, Section I, defines open space as an area platted as a separate lot, substantially
open to the sky, and exclusive of streets, buildings and other covered structures, and sll1ce
the applicant is platting the wetland area as a separate lot to be an amenity for the
development, utilizing water features and extensive landscaping, the wetland will be
incorporated into the open space area.
Page 38 of 39
K '--Planning Dept\Eagle Applicatlulls"..sUI3S\20()()\Angkr's Hamlet ccf.Joc
DA TED this 16th day of January 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
~
haron K. Bergmann, Eagle City C erk
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Page 39 of 39
K:\Planning Dcpt\Lagle Applications\SlJ8S\200h\Angler's Ilallllet ((f,doc