Findings - PZ - 2006 - PP-18-06 - Lonesome Dove Subd/117-Lot/41.20 Acre/1505 Riverside Dr
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
ORIGINAL
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT FOR )
LONESOME DOVE SUBDIVISION )
FOR LONESOME DOVE, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-18-06
The above-entitled Preliminary Plat applications came before the Eagle Plannmg and Zoning Commission
for their consideration on December 4, 2006. The Commission continued the item to December 18, 2006,
at which time public testimony was taken, the public hearing was closed and the Commission made their
recommendation at that time. The Eagle Planning and Zoning Commission, having heard and taken oral
and written testimony, and having duly considered the matter, makes the following Fmdings of Fact and
Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Lonesome Dove, LLC, represented by Kevin McCarthy with Toothman-Orton
Engineering Company, is requestmg preliminary plat approval for Lonesome Dove
Subdivision, a I J 7-lot subdivision, 221-unit (10 I-single-family, 120 multi-family
(contained within 3-Jots), 4-commercial, and 9-common) The 41.20-acre sIte is generally
located on the southwest comer of Riverside Drive and State Street at 1505 Riverside
Drive.
B. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held at on site at 6:00 PM, September 12, 2006, in
compliance with the application submittal requirement of Eagle City Code. The
applications for this item was received by the City of Eagle on September 21, 2006.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City ordinances on November 13, 2006. Notice of this public
hearing was mailed to property owners Within three-hundred feet (300-feet) of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on November 6, 2006. The site was posted in accordancc with the Eagle
City Code on December 8, 2006. Requests for agencies' reviews were transmitted on
September 22,2006, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July I 1,2006, the City Council approved an annexation and rezone from RUT (Ada
County designatIOn) to MU-DA (Mixed Use with development agreement) for this sIte
(RZ-19-05).
On September 26, 2006, the City Council approved the final conditions to be placed
within a development agreement.
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E. COMP ANION APPLICATIONS:
A-12-05/RZ-] 9-05 Annexation and rezone from RUT (Rural Urban Transitional-Ada
County Designation) to MU-DA (Mixed Use with development agreement).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA nONS:
COMP PLAN ZONING LA:\D USE
DESIGNATION DESIGNATION
Existing Mixed Use, Floodway MU-DA (Mixed Use with Commercial horse
and Scenic Comdor Development Agreement) (pending arena (Lonesome Dove
overlay adoption of Rezone Ordinance) Ranch) and pasture
Proposed No Change MU-DA (Mixed Use with Mixed use development
Development Agreement) (pending mcluding commercial.
adoption of Rezone Ordinance) retail, single-Iamily,
and multi-tamily
residential.
North of site Public/Semi-Public PS (Public/Semipublic) and A ACHD Park and Rxle,
and Mixed Use (Agricultural), MU-DA (Mixed State Highway 44,
Use) with Development Agreement Eagle River
Development
South of site Residential Two and R-2-P (Residential - two units per Boise River
Floodway acre Planned Unit Development) Rivers End Planned
and RP (Rural Preservation- Ada Unit Development
County Designation)
East of site Mixed Use RUT (Residential - Ada County Proposed Eagle
designation) and MU (Mixed Use) Gateway South
development
West of site Mixed Use RUT (Residential - Ada County Proposed Lofis at Eagle
designation) River development
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site - 4 I .2-acres
Total Number of Lots - 117
Commercial - 4 (Mixed Use)
Single - Family Residential - 101
Multi-Family Resldential- 120 (contained within 3 lots)
Industrial - 0
Common - 9
Total Number of Units - 22]
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 9. 1 3* dwelling units per acre 10 dwelling units per acre
(maximum)
Mmimum Lot Size 0.07 - acres (3,049-sq. ft.) 0.16-acres (7,000 sq. n.)
Except that a decrease of minimum
lot size in a subdivision may be
allowed if there is an offsetting
increase of the same square-footage
in open space and a planned unit
development IS applied for and
approved) - per ECC Seel]on ~-2-4
(G)
Minimum Lot Width 35-feet (approx.) 50- feet
Minimum Street Frontage 35-feet N/A
Total Acreage of Common Area I 9.50-acres (849,365 sq. ft.) 10.1 I-acres (440,392 sq. n.)
(measured as total landscaping of 4.12-acrcs for 10% minimum plus
the entire site) 5.~~-aeres for 1015 smaller than the
mll1imul11 (7.0011 SF)- per FCC
Section 8-2-4 (G)
Percent of Site as Common Area 47'% (approximately) 24.53'Yt, (mil1lmum - sec
(measured as total landscaping of above)
the entire site)
* Nole- The dwellll1g onils per gross acre ]S based on the exclUSion of approx]mately 17 acres of floodway.
r. GENERAL SITE DESIGN FEATURES:
Greenbelt /Pathway Areas and Landscape Screenmg:
The preliminary plat date stamped by the City on October 16, 2006, shows an existing
twenty-five foot (25') wide greenbelt easement existing with a natural pathway adjacent to
the North Channel of the Boise River. Per the development agreement a ten foot (10')
wide multi-use paved pathway is required to be constructed on the levee in the southern
portion of the property.
The preliminary plat also shows an approximately five foot (5') wide pedestrian pathway
adjacent to Riverside Drive which will connect to the existing pathway to the east of the
proposed development. The concept plan and preliminary plat shows pathways within the
development providing access from Riverside Drive to the greenbelt pathway centrally
located in two different areas and on the east and west boundaries utilizing sidewalks
adjacent to the public roads or common lots. The applicant is also proposing a pathway
network system to be located around ponds in the southern portion of the development,
which will be constructed as part of the floodplain development permit.
Open Space:
Open space areas will provide for landscaping and pathways throughout the developmcnt.
The floodway area is proposed to have ponds and pathways to provide an amenity to the
residents within the development. A swimming pool and pool house are proposed on Lot
5, Block 4, for the use by the residents of the subdivision. The applicant is also propOSing
landscaped open areas as needed to capture, treat, and retain storm water. The proposed
development contains total of approximately 19.50 acres (47%) of usable common area.
The proposed common area IS a combination of linear pathways and gathering places
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(swimming pool, pool house, tot lots, and multi-use trails). A minimum of 10'};, open
space is required except that, according to ECC Section 9-3-8 (C) the City may require
additional public and/or private park or open space facilities in PUDs or in subdivisions
with 50 or more lots.
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 Engll1eer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Enginecr 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 lme onto another lot except
within a drainage easement.
The applicant submitted a Floodplain Development Perrnit application to be reViewed and
approved by the City prior to approval of a final plat.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code Section 9-3-6 requires utility easements to be not less than l2-feet wide.
Fire Hydrants and Water Mains:
The preliminary plat shows five: (5) fire hydrants located within the subdivision. The
hydrants should be installed and approved as reqUired by the Eagle Fire District.
On-site Septic System (no):
There is an existing septic system located on the property which will need to be
abandoned. The Eagle Sewer Distnct owns and mamtains an existing 18" sewer main
located in Riverside Drive. The property is located within the Eagle Sewer District's
service boundaries.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in thc
design of the subdivision. The Boise River and the Ballantyne Ditch are located WIthm thc
southern portion of this site and mature trees are located adjacent to the river and ditch.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
J. STREET DESIGN:
Private or Public Streets: Public
The applicant is proposing to construct four roadway cross sectIOns consisting of a
commercial collector, minor local. one-way access (Riverside Way), and pubhc alleys.
The proposed local roadways will take access from Riverside Drive and Edgewood
Street.
The Riverside Drive commercial collector is proposed to be re-routed through the
commercial area of the Lonesome Dove development and constructed withll1 a seventy
foot (70') wide right-of~way consisting of two (2) twenty foot (20') wide travel lanes (as
measured from back of curb to back of curb), six foot (6 ') wide center island, two (2) six
foot (6') wide landscape strips, and two (2) five foot (5') wide detached Sidewalks.
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The existing Riverside Drive providing connection from State Highway 44 wIll be
converted to a one way street (Riverside Way) serving west bound traffic into the Eagle
River development and will intersect with Riverside Drive approximately 960' west of
the intersection of Edgewood Street and State Highway 44. Riverside Way is proposed to
be a twenty foot (20') wide travel lane (fourteen feet (14' wide vehicle lane and six foot
(6') wide bike lane) (as measured from back of curb to back of curb) with a fi ve foot (5' )
wide landscape strip and five foot (5') wide detached sidewalks.
The local roadways within the development will be a twenty-nine foot (29') wide
roadway section (as measured trom baek of curb to back of curb), six foot (6') wide
landscape strips, and four foot (4') wide detached sidewalks, which IS shown to be
contained within a fifty foot (SO') wide right-of-way section.
All roadways with the exception of the public alleys will have vertical curb and gutter
with six-foot (6') wide landscape strips and five foot (5') wide detached sidewalks on
both sides of the roadway.
Applicant's Justification for Private Streets (if proposed): None
Blocks Less Than 500': None
Cul-de-sac Design: None
Sidewalks:
The project is proposed with (5') wide detached sidewalks located adJacent to six foot (6')
Wide planter strips with the exception of the minor local roadways, which are proposed
with four foot (4') wide detached sidewalks.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed
abutting all roadways with the exception of the alleys.
Lighting:
Lighting for the proposed pubhc streets and commercial parking areas is required.
Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be
provided to the City Zoning Administrator prior to the submittal of the final plat. Any
modifications made to the lights shall be completed before the final plat approval.
Street Names:
The Ada County Street Name Committee has reviewed and approved the subdivision
existing street names.
K. ON AND OFF -SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways are provided through the detached sidewalk system and through a
proposed multi-purpose pathway system as a portion of the open space design. The
pathway system will also provide connection to adjacent developments and access to the
greenbelt pathway system.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specitied
by the City Council.
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The applicant proposes that bike lanes will be provided on collectors and along the one-
way access road (Riverside Way). Pathways around the pond area would be wide enough
to facilitate bicycle traffic.
L. PUBLIC USES PROPOSED: None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of CritIcal Environmental Concern - yes, flood area adJacent to BOIse River
Evidence of Erosion - no
Fish Habitat - no
Floodplain - Yes 100 yr. floodplain/Zone AE, Floodway/Zone FW adjacent to the Boise
River
Mature Trees - Yes, adjacent to river, western boundary and proXimity to Riverside Dnve
Riparian Vegetation - Yes, in proximity to the Boise River
Steep Slopes - Yes, existmg levee
Stream/Creek: Yes, Ballantyne Ditch
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - Yes, Riparian areas adjacent to Boise River
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
STRA T A, Geotechnical Engineering and Materials Testing, provided a Phase I.
Environmental Site Assessment, dated September 27,2006, indicating there were no
previously documented cases of recognized environmental conditions on the subject
property. The report fails to identify if the development will have any adverse impacts on
the environment as required per Eagle City Code.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated November 29, 2006, are
of special concern (see attached to the staff report).
Ada County Highway District
Boise River Flood Control District No. 10
Central District Health
Chevron Pipeline
Department of the Army, Corps of Engineers
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
Idaho Transportation Department
Joint School District No.2
Q. LETTERS FROM THE PUBLIC:
John Swartz with Eagle River, LLC requested in a memorandum, date stamped by the City
on November 14,2006 (attached to the statfreport and incorporated herein by reference),
that a landscape island be installed within the intersection of Riverside Drive and the exit
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from the Ada County Highway District's park and ride lot to allow tratTic from the park
and ride to turn east onto Riverside Drive. Mr. Schwartz also requested that the slgnage be
limited to a yield sign for west bound tratTic so that westbound tratTie on the one-way road
(identified on the preliminary plat as Riverside Way) from State Highway 44 would not bc
impeded.
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) dcsignatcs
this site as:
Mixed Use
Suitable primarily for a variety of uses such as limited otTice, Iimitcd commercial. and
residential developments. Uses should complement uses within the Central Business District
(CBD). Development within this land use designation should be required to proceed through
the PUD and/or Development Agreement process, see specific planning area text for a
complete description.
Floodway
Floodway areas are defined as specifically shown on the newest editIOn of the Fcderal
Emergency Management Administration maps along the BOIse River and Dry Creek
(Generally shown on the Land Use Map which is a part of this Plan). These areas are to
remam open space because of the nature of the floodway which can pose significant hazards
during a flood event. Also, the flood way areas shall not be considered as a part of the
minimum area of open space required (as required within the zoning ordinance) unless
developed as noted within this paragraph. Flood way areas shall be excluded from bcing used
for calculating permitted residential densities. Any portion of the floodway developed as a
substantially improved wildlife habitat area open to the public, or useable public open space,
such as a pathways, ball fields, parks, or similar amenities as may be approved by the City
Council, may be credited toward the minimum open space required for a development.
When discrepancies exist between the tloodway boundary shown on the Land Use Map and
the floodway boundary shown on the Federal Emergency Management Administration maps
such that the floodway area is smaller than that shown on the Land Use Map the adjacent land
use deSignation show shall be considered to abut the actual flood way boundary.
When new floodway boundaries are approved by FEMA and/or the City, the tloodway area on
the Comprehensive Plan Land Use Map should be revised to retlect any new tloodway line.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors
and natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
AMENDED 2000 COMPREHENSIVE PLAN, ADOPTED SEPTEMBER ]4,2004
Chapter I
1.1
Overview
The purpose of the Eagle Comprchensive Plan is to promote the health, safety,
and general welfare of the: people of the City of Eagle and its Impact Area as
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follows:
b. To ensure that adequate public facilities and services are provided to the
people at reasonable cost.
d. To ensure that the important environmental features of the CIty and its Impact
Area are protected and enhanced.
g. To ensure that the development of land is commensurate with the physical
characteristics of the land.
h. To protect life and property in areas subject to natural hazards and disasters.
1. To protect fish, wildltfe, and recreation resources.
Chapter 6 - Land Use
6.7 Implementation Strategies
a. Preserve the natural features and resources of Eagle.
m. Promote commercial service and retail development within the Central
Business District that contributes to pedestrian friendly environment.
p. Support City of Eagle flood and storm drainage regulations to achieve
protection of property rights, environmental protection and flood damage
reduction for community residents.
Natural Resources And Hazard Areas
Chapter 7
7.8
Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas
within the Eagle Impact Area. Future areas may be added to the Comprehensive
Plan when deemed necessary.
Areas of flooding consists of two parts: (l) the floodway which is the most severe
area off1ooding characterized by deep and fast moving water; and (2) the
floodplain which is less severe than the floodway and is characterized by
shallower and slower moving waters at the time of floodmg.
A natural state, such as a greenbelt, a wildltfe habitat, an agricultural area, an open
space area, a recreational area and/or a nature area may be encouraged in the
lOO-year floodplain of the Boise River and Dry Creek.
The floodway is shown as a generaltzed area only on the Land Use Map. The
Federal Emergency Management Administration (FEMA) maps show specifically
where the floodway and floodplain boundaries are located. (Also, see Eagle City
Code for definitions of terms relating to the floodplain areas.)
7.9 Goal
Special concern and attention should be given to the preservatIOn of fish, wildlife,
water resources, air qualtty, 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
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8.3.1 Paths
Function:
To provide for recreation and alternative transportation: important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Location:
Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
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 cach side of the
roadway.
8.4 Goal
Plan a transportation system to serve the planned land use of the City of Eagle and
its Area of Impact.
8.5 Objective
Encourage alternative transportation forms such as walking and biking.
8.6 Implementation Strategies
b. Integrate all modes of travel to support air quality improvement measures.
9.5 Pathways And Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e.
the Boise River and Dry Creek) and are designed to prevent undesirable
encroachment. Greenbelts may include pathways and/or bike lanes.
9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and speCial sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
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b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's pubhc
pathway system.
h. Acquire pathway easements on the north side of the North Channel.
Chapter I 1
1 I. I
Special Areas and Sites
Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or
sites should be analyzed according to their defined function. Whenever possible,
these sites should be preserved and conserved as open spaces or for educational
and cultural centers. Development of Special Areas or Sites should takc place in
manner that reflects harmony with their natural environment and recognized
qualities which render them distinctly unique.
The Boise River Floodplain, the Head of Eagle Island, the Dry Creek Floodplain,
and the North Foothills possess a recognized function as a wildlife habitat,
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 scenic
concerns have been thoroughly addressed and incorporated into any engineering
and development plans. The special review process should include, but not be
limited to the following:
.
Area wide drainage including hillsides, foothills and gulches
Water quality
Sanitation
Area-wide traffic plans
Pathways, trail access
Wetlands issues
Fish and wildlife habitat
Existing trees and natural features
River and creek greenbelt areas
Potential for permanent open space and natural preserves mcluding stecp
hIllside terrain, rock outcroppings and foothill gulehes.
.
.
.
.
.
.
.
.
.
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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11.3 Goal
To promote the conservation and efficient management of all Special Area and
Sites.
I 1.4 Implementation and Strategies
a. Protect and improve natural and man-made waterways.
g. Preserve existing trees and establish appropriate landscaping as a part of ncw
developments.
h. Encourage the preservation of habitat areas which provide for fish and
wildlife.
1. The City may require developers to prepare and submit an environmental
assessment and any such additional reports as the City may from time to time
require, for any development on land within an area designated as a Special
Area or Site or for any devclopment Impacting a designated Special Area or
Site.
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 estabhshed and maintained.
Elements of the Eagle community design include: (a) a rural transitional
community with a shopping district functioning as the hub of the community; (b)
the Boise River and its t100dplain with wildlife, trees, and recreation
opportunities; (c) the rolling hills north of the river; and, (d) a network of canals
which crisscross the community.
Development will occur in the downtown as well as along arterials. City growth
and increased traffic levels on Highway 44 and Highway 55 will stimulatc
demand for new development along these entrances. These same corridors havc
great potential for more intensive mixed-use development.
12.4 Implementation Strategies
12.1
a. Establish and maintain a development pattern and desif,'l1 criteria in keeping
with the rural transitional identity of Eagle. This includes f,'Towth within the
Impact Area that discourages or precludes the establishment of other City
centers.
c. The floodway shall be reserved as a natural state such as a greenbelt, wildlifc
habitat, and open space recreational area and for agricultural uses.
d. The City Design Review Ordinance shall set forth criteria for building design,
landscaping, sif,'l1age and other aesthetic standards. Development along State
Street within the Impact Area and outside the Cily limits shall be encouraged
to comply with the Design Review Ordinance.
e. Developments that would establish or tend to establish another City center
outside of the Central Business District should not be approved.
g. New residential, commercial, and industrial development shall be required to
meet minimum design standards as specified by City Ordinances.
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k. Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridgelines as visual amenities.
1. Encourage the development of pathways and open-space corridors throughout
the City.
m. Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
Chapter 9 Parks, Recreation And Open Spaces
9.5 Pathways And Greenbelts
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
c. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
d. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
e. To create and preserve pathway corridors in public and private lands within
the Eagle foothills for nonmotorized multi-use.
e. All development should provide developed pathways for connection to
Eagle's publ1c pathway system and/or adjoining development's public
pathway system.
h. Acquire pathway easements on the north side of the North Channel.
J. Provide adequate parking and public facilities along greenbelts and pathway
systems.
1. Provide public information on safety, current location, nearest public facility
location, and emergency telephone system along greenbelts and pathway
systems (i.e., milepost markers).
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code, Section 8-1-2 defines "Through Lot" as:
Lot Types: Terminology used in this title with reference to comer lots, interior lots and
through lots is as follows:
Through Lot: A lot other than a comer lot with frontage on more than one street. Through
lots abutting two (2) streets may be referred to as double frontage lots.
· Eagle City Code, Section 8-1-2 defines Open Space as:
A common area platted as a separate lot, provided within a recorded easemcnt. or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclUSive of streets, buildings and other covered structures, and shall be designated and
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intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
· Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this titlc 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:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uscs such as
limited office, limited commercia!, and residential. ThiS district is intended to ensurc
compatibility of new development with eXisting and future development. It IS also
intended to ensure assemblage of properties in a unified plan with coordinated and
harrnonious development which shall promote outstanding design without unsightly and
unsafe strip commercial development. Uses should complement the uses allowcd within
the CBD zoning district. All development requiring a conditional use permit in the
MU zoning district, as shown in section 8-2-3 of this chapter, shall occur under the
PlID 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. Otherwisc
a conditional use permit shall be required unless the proposed use is shown as a permitted
use in the MU zoning district within section 8-2-3 of this chapter. Residential densities
shall not exceed ten (10) dwelling units per gross acre. When a property is being proposed
for rezone to the MU zoning district a development agreement may be utilized in lieu of
the PUD and/or conditional use process if approved by the city council provided the
development agreement includes conditions of development that are required during the
PUD and conditional use process.
· Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations lor the
MU (Mixed Use) zone:
Zoning Maximum
District Height
Interior Street
Side Side
Maximum Minimum
Lot Lot Area
Covered (Acres Or
Sq. Ft.) G
And H*
Minimum
Lot
Width 1*
IMU
113s'
I~~~.s'
1120' IISO%
117,000
Ilso'
8-2-4(G):
A decrease of minimum lot size in a subdivision may be allowed if there is an
offsetting increase of the same square footage in open space and a planned unit
development is applied for and approved.
· Eagle City Code, Section 8-2A Design Review Overlay District:
8-2A-I: General Applicability:
This article applies to all proposed development located within the design review
overlay district which shall include the entire city limits, and any land annexed
into the city after the date of adoption hereof. Such development includes, but is
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not limited to, new commercial, industrial. institutional, office, multi-family
residential proJects, signs, common areas, subdivision signage, proposed
conversions, proposed changes in land use and/or building use, exterior
remodehng or repainting with a color different than what is eXisting, extcrior
restoration, and enlargement or expansion of existmg buildings, signs or sites, and
requires the submittal of a desif,'l1 review application pursuant to thiS article and
fee as prescribed from time to time by the city council.
The following are specifically excluded from the reqlllrements of the design
review overlay district: development of an individual single-family detached
dwelling on a single parcel, an individual duplex (2 dwelling units), and an
individual town home consisting ofa maximum of two (2) dwelling units.
8-2A-2: Purpose And Goals:
A. Purpose: The purpose of this article is to:
I. Recognize the interdependence of land values and aesthetics and to
provide a method by which the city may implement this interdependence
to the benefit of the community.
2. Encourage the development of private property in harmony wllh the
desired character of the city and in conformance with the gUidelines
herein provided with due regard to the public and private interests
involved.
3. Provide planning and design guidelines to give specific direclion for
downtown development, while allowing for flexibility that promotes
creative, market driven development proposals.
B. Goals: The general theme of the design review overlay district is to specify
desirable building and landscape architectural styles and materials to create a
sustainable and pleasing environment for residents and visitors alike. The
architectural designs, materials, and graphics set forth in thiS article are
compiled to create a theme unique to the area called "Eagle architecturc".
8-2A-7 (C): Landscaped and ButTer Area Requirements:
Existing Vegetation:
I. Retention Of Existing Trees: Existing trees shall be retained unless
removal is approved in writing by the City. Where trees are approvcd
by the city to be removed from the project site (or from abutting nght
of way) replacement with an acceptable species is required as follows:
Existing Tree
Replacement
1 mch to 6 inches caliper 2x caliper of tree removed
6 1/4 inches to 12 inches 1.5x caliper of tree removed
12 1/4 inches or more
I x caliper of tree removed
In all cases, planting within public rights of way shall be with approvallrom
the public and/or pnvate entities owning the property.
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Example: An eight inch (8") caliper tree is removed, an acceptable
replacement would be three (3) 4-inch caliper trees or four (4) 3-ineh caliper
trees.
2. Damage During Construction: Existing trees or shrubs that are retained shall
be protected from damage to bark, branches, or roots during construction.
Construction or excavatIOn occurring within the drip line of any public or
private retained tree or shrub may severely damage the tree or shrub. Any
severely damaged tree or shrub shall be replaced in accordance with
subsection C I of this section.
3. Grade Changes And Impervious Surfaces: Grade changes and impervious
surfaces shall be allowed at a distance from the trunk of a retained tree eq ual
to the diameter of the tree trunk plus six feet (6'), or to the drip line,
whichever is furthest from the trunk.
4. Minimum Landscaping: Existing vegetation which is to be retained may be
used to satisfy the minimum required landscaping.
· Eagle City Code, Section 8-7-3-3 Public Sites and Open Spaces:
B. Natural Features: Existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be
preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large
scale developments, the council may require sufficient park or open space
facilities of acceptable size, location and site characteristics that may be
suitable for the proposed development.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· Eagle City Code, Section 9-1-6 defines Floodplain as:
The relatively flat area or low land adJoining the channel of a river, stream, lake or other
body of water which has been or may be covered by water of a flood of 100-year
frequency. The floodplain includes the channel, flood way or tloodway (ringe, as
established pursuant to engineering practices of the U.S. army corps of engineers, as
follows:
Floodway: The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot (l 'J.
· 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 prevai lover
those set forth herein.
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9-3-2 Streets and Alleys:
9-3-2-]: Location:
Street and road location shall conform to the following standards:
C. Stub Streets: Where adJoining areas are not subdivided, the arrangement of
streets In new subdivisions shall be such that said streets extend to the
boundary line of the tract to make provisions for the future extension of said
streets into adJacent areas, and shall have a cul-de-sac or temporary cul-de-
sac. A reserve street may be required and held in public ownership.
E. Public Alleys: Public alleys shall be provided in multiple dwelling or
commercial subdivisions unless other provisions are made for service access
and off street loading and parking. Dead end public alleys shall be prohibited
in all cases.
H. Half Streets: Half streets shall be prohibited except where unusual
circumstances make such necessary to the reasonable development of a tract
in conformance with this title and where satisfactory assurance for dedication
of the remaimng part of the street is provided. Whenever a tract to be
subdivided borders on an existing half or partial street, the other part of the
street shall be dedicated within such tract.
J. Driveways: Driveways providing access to no more than two (2) dwelling
units shall be allowed within any subdivision.
9-3-2-2: Street Widths:
A. Street and road right of way widths, grade, alignment, and so forth, shall
conform to the adopted major street plan or comprehensive plan and shall be
approved by the highway district and/or other agency having Junsdiction.
9-3-2-3: Intersections:
Intersections shall confoml to the following standards:
A. Angle Of Intersection: Angles of street and driveway intersections shall be
approved by the highway distnct having jurisdiction.
B. Sight Triangles: Minimum clear sight distance at all street and driveway
intersections shall be approved by the highway district having Jurisdiction.
9-3-5: Lots:
Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the
official height and area regulations as set forth in section 8-2-4 of this code.
9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot
lines and side lot lines when deemed necessary. Total easement width shall
not be less than twelve teet (12').
B. Unobstructed drainage way easements shall be proVided as required by the city
council.
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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:
Public sites and open spaces shall conform to the following standards:
A. Public Uses: Where It is determined that a proposed park, playground, school
or other public use as shown on the future acquisition map, as authorized in
section 67-6517, Idaho Code, is located in whole or in part within a proposed
subdivision, the city council shall notify the appropriate public agency
concernmg the land proposed to be acquired. Within thirty (30) days of the
date of notice, the public agency may request the governing body to suspend
consideration on the subdivision for sixty (60) days, the city council shall
resume consideration of the subdivision.
B. Natural Features: Existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees,
watercourses, histonc spots and Similar irreplaceable assets) shall be
preserved in the design of the subdivision.
C. Special Development: In the case of planned unit developments and large
scale developments, the city council may require sufficient public and/or
private park or open space facilities of acceptable size, location and site
characteristics that may be suitable for the proposed development.
· Eagle City Code, Chapter 4, Required Improvements
9-4-1: Improvements Required:
Every subdivider shall be required to install the following public and other
improvements in accordance with the following conditions and specilicatlOns.
9-4-1-2: Streets and Alleys:
All streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County highway district.
9-4- I -3: Curbs and Gutters:
A. Generally:
3. All construction shall be in accordance with the standards and
specificatIOns adopted by the Ada County highway district.
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 hislher representative, hereinafter referred
to as "administrator"). After installation and acceptance by the administrator, the
city shall have the right to pay the cost of maintenance and power and assume
ownership of the streetlights.
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9-4-1-6: Pedestrian/Bicycle 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 travcl
routes to common destinations such as schools, parks, shopping centers, etc.
The following factors will be considered in the placement of any pathway: the
utility and need for a given pathway, impacts to existing neighborhoods,
compliance with the transportation/pathway network maps within the
comprehensive plan, pathway design as it relates to both crime prevention and
function, and the responsibilities of ownership, maintenance, and liability.
B. Location:
I. The city shall requIre the creation and maintenance of pathways, (except in
cases where it is shown to be inappropriate), that provides access to adJacent:
c. Adopted pathway elements within the comprehensive plan and the ridge
to rivers pathway plan;
d. Neighborhoods;
g. Transportation or other community facilities, and vacant parcels, held
either publicly or privately which could provide future neighborhood
connection(s) to the above noted sites; and
h. In simllar cases where deemed appropriate.
D. Pathway Design: While the city may exercise considerable discretion in
determining the design of pathways, the following mimmum standards should
be followed:
I. The paved portion of the pathway may range from six feet (6') to ten feet
(10') in width. Micropathways within subdivisions which are deSigned for
primary use by the residences of the subdivision shall be a mll1lmUm six feet
(6') wide and shall be located within a sixteen foot (16') wide pedestnan
access easement. RegIOnal pathways such as the Boise River greenbelt and
pathways located adjacent to major roadways shall be a minimum ten feet
(10') wide and shall be located within a twenty foot (20') wide pedestrian
access easement.
E. Responsibility: The following provisions are intended to provide guidance to
those entities that are responsible for construction, maintenance and/or
liability for a pathway. Installation costs, which may include construction of
the paved path, are the responsibility of the developer.
I. Homeowners' Association:
a. Pathway systems Within a proposed subdiVision providing access to
private common space and/or other amenities that are used solely by the
residents of a subdivision shall be the responSibility of the homeowners'
association.
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b. Where the residents of a subdivision will be the primary beneficiaries of
a pathway, and, travel from adjoining neighborhoods will be minImal, a
homeowners' association may be required to take responsibility for that
path.
2. City Of Eagle: When location, length and design of a path have been
agreed upon by the city of Eagle and the developer, the city may accept
maintenance and hability for the pathways as designated in the comprehensive
plan, so long as the pathway is in good condition and repair.
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of
the street; except, that where the average width of lots, as measured at the
street frontage hne or at the building setback line, is over one hundred feet
(100'), sidewalks on only one side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in
accordance with the standards and specifications of the Ada County highway
district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or
back of curb by a minimum five foot (5') wide landscape stnp. The landscape
stnp shall be completed with sod, automatic irrigation, and planted with three
inch (3") minimum cahper shade class trees along all streets within the
subdivision. Installation of landscaping shall be in accordance with sectIOn 8-
2A-7 of thIS code.
9-4-1-8: Underground Utilities:
Underground utilities are required.
9-4-1-9: Water Supply and Sewer Systems:
A. Construction; Extension: All pubhc water supply or sewer systems (serving 2
or more separate premises or households) shall be constructed in accordance
with any adopted local plans and specifications. All new public water supply
or sewer systems shall be an extension of an existing pubhc system whenever
possible. In the event that the proposed public water supply or sewer system IS
not an extension of an existing pubhc system, there shall be a showmg by the
subdivider that the extension is not feasible and not in the best interest of the
public.
9-4-1-10: Storm Drainage, Flood Controls:
A. Adequate Storm Drainage System: An adequate storm drainage system to
accommodate storm water runoff from the public nghts of way shall be
required in all subdivisions. The requirements for each particular subdivision
shall be estabhshed by the Ada County highway district and/or the Idaho
transportation department, and construction shall follow the specifications and
procedures established by said Ada County highway district or Idaho
transportation department.
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C. Curb, Gutter And Pavement Design: Curb, gutter and pavement design shall
be such that water on roadways is prevented from flowing off the roadway.
F. Deposit Of Waste Material Prohibited: Waste material from construction,
including soil and other solid materials, shall not be deposited withm the 100-
year floodplain.
N. Drainage System Plans: Drainage system plans shall show how lots will be
graded so that all runoff runs either over the curb, or to a drainage easement,
and that no runoff shall cross any lot line onto another lot except within a
drainage easement.
9-4-1-11: Fire Hydrants and Water Mains:
Adequate fire protection shall be required in accordance with the appropnatc fire
district standards.
· Eagle City Code, Chapter 5, Special Development Subdivisions:
9-5-1: Purpose and Summary of Provisions:
The purpose of this chapter is to identify various types of developments that normally
pose special concerns to the elected officials when reviewing and acting upon
subdivision requests. This chapter outlines the plan submittal requirements and dcsign
standards that shall be taken into consideration when acting on special developments.
9-5-2: Supplementary Provisions:
The provisions of this chapter are in addition to the plan requirements, design
standards and improvement standards that are required by chapters 2, 3, and 4 of thiS
title.
9-5-4: Planned Unit and Condominium Subdivisions:
9-5-4-1 Application of Provisions:
In addition to the requirements of this chapter, planned unit and condomilllum
developments shall also be subject to requirements set forth in title 8 (zoning),
title 10 (flood control), and title 8, chapter 2, article A (DR design review overlay
district) of this code.
9-5-4-4: Control During Development, Time Limit:
Single ownership or control during development shall be required and a time Jtmit
may be imposed to guarantee the development is built and constructed as planned.
9-5-7: Subdivision Within A Floodplain:
In addition to the provisions of this title, any subdivision within the designated
flood plain of the city shall comply with all applicable provisions of the flood
plain regulations of the city as now in effect or as may hereafter be amended.
9-5-8: Subdivision Within an Area of Critical Concern:
A. Designation Of Areas Of Critical Concern: Hazardous or unique areas may be
designated as an area of cntical concern by the city councilor by the state of
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Idaho. Special consideration shall be given to any proposed devclopment within
an area of critical concern to assure that the development is necessary and
desirable and in the public interest in view of the existing unique conditions.
Hazardous or unique areas that may be designated as areas of critical concern are
as follows:
2. Unstable soils;
3. Unique ammallife;
4. Unique plant life;
5. Scenic areas;
7. Flood plain;
9. Areas within the area of city impact but outside city boundaries; and
10. Other areas of critical concern.
B. Environmental Assessment Plan: The developer shall prepare and submit an
environmental assessment along with the preliminary plat application for any
development that is proposed within an area of critical concern.
The content of the environmental assessment shall be prepared by an
interdisciplinary team of professionals that shall provide answers to the following
questions:
I. What changes will occur to the area of environmental concern as a result of
the proposed development'1
2. What corrective action or alternative development plans could occur so as not
to significantly change the area of environmental concern'l
3. What changes m the area of environmental concern are unavoidable')
4. What beneficial or detrimental efTect would the development have on the
environment including, but not limited to, animal life, plant life, social
concerns, economic, noise, visual, available farm land and other')
C. Areas Of Critical Concern: The following areas are specifically identified as areas
of critical concern:
1. Boise River flood Plain: The Boise River flood plall1 and certall1 intervening
and immediately adjacent areas are desib'TIated as areas of critical concern due
to their ecological and scenic sigmficance. This area comprises the two (2)
channels of the Boise River and intervening and immediately adjacent areas,
as depicted on the land use designation map of the comprehensive plan
adopted by the city of Eagle on May II, 1993, as a "Special Area", including
that portion in the Eagle impact area.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERNING
REGARDING THIS PROPOSAL:
3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applicatIOns regarding
floodplain development permit review, design reView, preliminary and final plat reViews,
and/or any conditional use permits, if applicable, and any other applicable applications as may
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be required by the Eagle City Code, which shall comply with the Eagle Clly Code, as it exists
at the time such applications are made except as otherwise provided within this Agreement.
3.2 The Concept Plan represents the Owner's current concept for completion of the projcct. As
the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment
due to potential impacts on surrounding property or the community, a public hearing shall be
held on any proposed changes in the Concept Plan, notice shall be provided as may be
required by the City.
However, the residential portion of this development proposal is recognized by Eagle and
Applicant as a desired component to a mixed use development. A residential component of
similar size and area to that depicted in the Concept Plan with the provisions and allowances
contained herein, shall be maintained.
3.3 The total number of residential units on the Property shall not exceed 226-units in the
aggregate. Development of the residential portion of the Property will be permitted through
the Design Review process and future conditional use permits for the residential development
will not be required with the exception of height exceptions.
3.4 The Setbacks shall be as follows:
. Single Family Residential:
Lots 1-24
Front
Rear
10 feet (River side)
IS feet (to garage) (measured from the back
of sidewalk)
Interior Side
Additional Setback for
Multi-Story structures
Street Side
5 feet
2.5 feet
10 feet
Lots 25-101
Front (Exhibits E & G) 10 feet (measured from back of sidewalk) for covered
porches or less than 50% of building mass (A
Lots-As shown on Exhibit G)
15 feet (measured from back of sidewalk) for building mass (8 Lots-As
shown on Exhibit G)
Rear 12 feet (to garage) (measured from back of sidewalk or edge of alley)
Interior Side (up to two-story) 5 feet
Street Side 10 feet
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· Multi-family Condominiums:
Front
Rear
IS feet
10 feet
7.5 feet (2-story) /12.5 feet (3-story)
IS feet
Interior Side
Street Side
· Mixed Use /Office/ Retail Commercial Buildings
Front 7.5 feet (allows canopies, awnings, etc. to encroach)
Rear 10 feet
Interior Side
7.5 feet (2-story) /12.5 feet (3-story)
Street Side
7.5 feet (allows canopIes, awnings, etc. to encroach)
· Maximum Coverage: 60%
All single family residential structures shall require Architectural Control Committee (ACC)
approval prior to the issuance of any building permits to assure that the homes are designed to
be compatJble and consistent with the "Craftsman" theme of the development.
3.7 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for maintenance of all community and privately owned
landscaping, pressurized irrigation facilitJes, parking lots, and amenities.
(b) A requirement insuring compliance with the Design Guidelines approved with this
Agreement.
(c) A requirement for all fencing Within the development to be open-style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or three-rail-type wooden
decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be
prohibited.
(d) A requirement for the placement of street trees adjacent to the street by the owner on
Lots 1-24 as shown on Exhibits D & C prior to the issuance of a Certificate of Occupancy
for the dwelling.
3.7. I The applicant shall place a note on the final plat that all common areas are to bc
owned and maintained by the Owners Association(s) for the development. The applicant
shall provide a copy of the CC&Rs (which include a similar statement regarding thc
common areas) for review and approval by the City attorney prior to the approval of thc
first final plat. The CC&Rs shall provide that the association(s) shall have the duty to
maintain and operate all of the common landscape areas in the subdivision in a competent
and attractive manner, including the watering, mowing, fertilizing and canng for shrubs
and trees, in accordance with Eagle City Code, in perpetuity.
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3.8 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning
and platting while stIll maintaining the general intent of the Conceptual Plan with the
requirements set forth in this Development Agreement. Specific design elements shall be
clarified during the platting and deslgn review application processes. However, the
streetscape as shown on the concept plan (the central design theme (Exhibit H), center
landscape islands, street trees, pool, poolhouse, and, children's play areas (3)) (Exhibit F)
shall be reqUIred design elements as part of the final design for the site. The overall open
space for the site shall remain a minimum of 50%. For the purpose of this Agreement, open
space shall be defined as all areas other than buIldings, parking lots, roadways, and
individual, fee-simple residential building envelopes.
3.9 The applicant's property shall comply with all applicable Eagle Sewer District's regulations
and conditions prior to the submittal of a final plat application. Prior to issuance of any
building permits, Applicant shall provide proof of central sewer service to the proposed
residential and commercial uses. A letter of approval shall be provided to the City from the
Idaho Department of Health and Welfare, Department of Environmental Quality, and/or
Central District Health, prior to issuance of any building permIts.
3.10 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 other appropriate governmental
agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code.
Applicant agrees all development and improvement of the Property shall comply with rule
and regulations pertaining to regulated wetlands.
3.11 Applicant will comply with all applicable provisions of Title 10, Flood Control. of the Eagle
City Code.
3.12 Applicant shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6, a minimum ten foot (10') wide asphalt public pathway along the portIOn of
the Property on the levee adjacent to the Boise River. The specific location and design or the
pathway shall be approved by the City of Eagle Park and Pathway Development Committee,
the Eagle Design Review Board, and the Eagle City Council prior to the submittal of the
first final plat for the Property. The asphalt pathway shall be located in an easement or
easements which shall be dedicated to and accepted by Eagle as provided m Eagle City
Code Section 9-4-1-6(E)(2), upon recordation of the final plat(s) wherein the pathway is
located.
3.13 A minimum of one emergency and/or service access point to the Boise River for the use of
repair and rescue equipment and personnel shall be provided. Location and width of
emergency and/or service access shall be as determined in coordination with the City of
Eagle Park and Pathway Development Committee, Eagle Fire Department, Flood Control
District # I 0 and Ballantyne Irrigation Ditch Company and approved by the Eaglc City
Council prior to City approval of the preliminary plat or master design review application for
the Property.
3.15 Applicant shall match the existing streetscape located on the south side of Riverside Drive
With a minimum eight foot (8') wide tree lined landscaped strip and a detached ten foot
(10') wide pathway. The landscaping, including street trees and pathways shall be reviewed
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and approved by the Eagle Parks and Pathway Development Committee and the Eagle
Design Review Board prior to submitting application for a final plat.
3.] 6 Applicant shall provide a center common area plaza for use by the residents of the
development as generally depicted on the Concept Plan. The intent of the plaza is to become
a focal point of the development with an adequate area for gathering, a pooL pool house,
benches, seat walls, and ornamental lighting to create a sense of place and identity for the
core area of the development. The landscaping may include shrubs, flowers, water features,
etc., and shall be reviewed and approved by the Eagle Design Review Board and Eagle City
Council prior to the submittal of a final plat.
3.19 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of the final plat. The plans shall show how the lights will
facilitate the "Dark Sky" concept of hghting.
3.20 The applicant shall submit a design review application showing at a minimum: I) proposed
development signage, 2) planting details within the proposed and required landscape islands
and all common areas throughout the development, 3) landscape screening details and
buffering for the residential units adjacent to Riverside Drive 4) elevation plans for all
proposed common area structures and irrigation pump house (if proposed), 5) landscape
screening details of the irrigation pump house (if proposed), 6) useable amenities such as
picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar
amenities, 7) design of ponds to be constructed in reference to mosquito abatement. The
design review application shall be reviewed and approved by the Eagle Design Review
Board and Eagle City Council prior to the submittal of the first final plat.
3.21 All living trees that do not encroach upon the buildable area on any lot shall be preserved,
unless otherwise determined by the City Forester. A detailed landscape plan showing how
the trees will be integrated into the open space areas (unless approved for removal by the
City Forester and the Design Review Board) shall be provided for Design Review Board
approval prior to the submittal of a final plat. The applicant shall have an on-site mceting
with the City Forester to survey all existing trees. Subsequent to the on-site meeting,
construction fencing shall be installed (pursuant to the City Forester's direction) to protect
all trees that are to be preserved, prior to the commencement of any construction on the site.
3.22 Other than any pathways, ponds and landscaped open space areas as depicted on the Concept
Plan, development of the Floodway shall be prohiblted.
323 Building placement shall be designed such that parking areas are not concentrated between
the buildings and Riverside Drive.
3.24 City of Eagle approvals shall be subject to any FEMA requirements.
3.25 Applicant shall provide pedestrian and bicycle public access to the paved pathway along the
Boise River as required in the Eagle Comprehensive Plan.
3.26 Provide a license agreement from ACHD approving the landscaping located within the
public right-of-way abutting the northern boundary of the Property (Riverside Drive) prior to
the City Clerk signing the final plat.
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3.27 Pathways connecting the residential areas to the commercial areas shall be provided.
3.28 The applicant shall tile the Ballantyne Ditch within the subJect property as required by the
Ballantyne Irrigation Dnch Company prior to the City Clerk signing the final plat.
3.29 Provide documentation from Eagle Water Company and the Department of Environmental
Quality (Boise Regional Office) indicating that potable water service has been approved to
serve the site prior to the applicant submitting a final plat application.
3.30 Streets shall be constructed using the street sectIOn widths as shown on Exhibit C or as
otherwise approved by Ada County Highway District.
E. DISCUSSION:
· The Comprehensive Plan Land Use Map designates this site as Mixed Use, Floodway, and
Scenic Corridor. The applicant is proposing a combined smgle-family residential,
residential condominium, and retail/office/commercial mixed use development. The
proposed denSity (based on 24.20 acres outside of the Floodway) is 9.13 dwelling units
per acre.
· The applicant requested a development agreement in lieu of a PUD for this development:
therefore, the proposed rezone for this development was approved contmgent upon a
development agreement. The preliminary plat date stamped by the City on October 6,
2006, is similar in design and configuratIOn of the lots to the concept plan approved with
the development agreement. The applicant should comply with all associated conditions
within the development agreement for rezone application RZ- 19-05.
· Per Eagle City Code the existing natural features which add value to the residential
development and enhance the attractiveness of the community (such as trees and
watercourses) should be preserved. There are trees located adjacent to the river area at the
southern boundary, the area adJacent to the western boundary and in proximity to where
the existing structures are located. The applicant should work with the City Forester
regarding the removal and replacement of the existing trees at the replacement size as
required per Eagle City Code or provide compensation to the City Tree Fund at a
valuation rate to be determined by the City Forester and recommended to the City Council
pnor to the applicant submitting a Design Review application.
· The preliminary plat date stamped by the City on October 16, 2006, shows the re-aligned
Riverside Drive as a commercial collector with a seventy foot (70') wide street section
containing twenty foot (20') wide travel lanes, six foot (6') wide planter strips, a SIX foot
(6') wide center landscape island and no bike lanes. The applicant should provide a
revised preliminary plat showing a street cross section for the commercial collector with
the planter strips to be eight feet (8') in width and bike lanes on each side of the road prior
to submitting final plat application
· The proposed site lies within the Boise River floodway and floodplain as delmeated in the
FEMA, Flood Insurance Rate Maps (Panel numbers 154 & 162) map reVision dated
February 19, 2003. Prior to commencing work on this site a Floodplain Permit will be
required.
Boise Flood Control Distnct No. 10 (FCDlO), through their representative Steve Sweet,
P.E., submitted correspondence, date stamped by the City on November 21, 2006,
indicating that BFCD No. 10 has adopted Resolution 02-2006 for review and approval of
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proposed projects within the jurisdiction of FCDlO. FCDIO indicated that, due to the
relatively high-density project being constructed in an area which is predominately
floodway and floodplain property, issues concerning an increase In the Base Flood
Elevation and the provision of adequate river maintenance access and the provision of a
flood mitigation plan remains to be addressed. FCDlO is requesting the applicant comply
with Resolutions 01-2003 and 02-2006, as adopted by Boise River Flood Control District
No. 10 regarding access for maintenance and site development. The applicant should
provide an approved Land Use Change/Site Development Apphcation from FCD I 0 prior
to submitting a final plat application.
Due to the location of this site in proximity to the Boise Rtver, a 404-Permit may be
required by the Army Corp of Engineers for development In the area. The applicant should
provide documentation from the Army Corps of Engineers regarding the reqlllrement of a
404-Permit prior to submitting a final plat application.
· The preliminary plat date stamped by the City on October 16, 2006, shows a mixed use
commercial area and central plaza area With entrances from Riverside Way, Riverside
Drive and Lone Creek Street. The plaza area is surrounded by four retail/commercial
office buildings with dwelling units to be located on the second and third stories. The
preliminary plat also shows residential areas adjacent to the retail/ commercial area. The
required bufTer area will be required between the commercial area and the adjacent
residential uses as well as between Riverside Drive and Lot I, Block 2, as shown on the
preliminary plat. The applicant should provide a revised preliminary plat showing a bulTer
area between the commercial and residential area prior to submitting a final plat
application.
· The Ada County Highway District (ACHD) indicated within their draft staff report date
stamped by the City on December 5, 2006, that this item is to be a consent agenda item at
the December 13, 2006, ACHD Commission hearing due to the proposed re-alignment of
Riverside Drive. ACHD staff also addressed their concerns with the proposed north-south
alley that intersects a street and another alley. ACHD indicated within the draft staff report
that an alley intersecting an alley does not meet District pohcy and ACHD staff
recommends the north-south alley between Lots] and 2, Block 7 and Lot 20, Block 6, be
converted to a public street. The applicant should provide a revised preliminary plat
showing a public street to be located between Lots I and 2, Block 7 and Lot 20, Block 6,
prior to submitting a final plat application.
ACHD staff also noted within their staff report that District policy does not allow alleys to
provide sole access or frontage for buildings. ACHD is requiring the applicant to redesign
the eight lots to have frontage on a public street. The applicant should provide a revised
preliminary plat showing the eight (8) residential lots (Lots 12, I 5,25,28,29,30, and 3 L
Block 5, Lots 9 and] 2, Block 6, and Lots I and 4, Block 7) to have frontage on a public
street prior to submitting a design review application.
· The preliminary plat date stamped by the City on October 16,2006, shows Lot 3, Block 4,
to be a through lot connecting Riverside Drive and Lone Creek Street. The Concept Plan
approved as part of the development agreement for the rezone associated with thiS
application shows this lot to contain townhouse units with no access to Riverside Drive.
The applicant should provide a revised preliminary plat with a plat note stating that Lot 3,
Block 4, will not be allowed to have direct access to Riverside Drive prior to submitting a
final plat application.
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. The preliminary plat date stamped by the City on October 16, 2006, shows Edgewood
Street to be constructed on the east boundary of the proposed subdivision to be on both
sides of the boundary line. Due to the re-alignment of Riverside Drive and the
constructIOn of Lone Cove and Lone Creek Streets to Edgewood Street it is Imperative
that Edgewood Street be constructed as a full street section prior to the issuance of
building permits. ACHD indicated within their staff report that the applicant and the
adjacent landowner to the east have coordinated the re-alignment and continuation of
Edgewood Street. The City has received an application regarding a proposed development
to be located on the property east of this site, which also shows the proposed Edgewood
Street to be located in the same area as the prehminary plat. Per Eagle City Code
satisfactory assurance for dedication of the remaining street should be provided. The
applicant should provide documentation assuring that the proposed Edgewood Street will
be completed when the property adjacent to the east is developed. Further, the applicant
should provide documentation that Edgewood Street will be completed as a full street
section when the property adjacent to the east is developed. The applicant should provide
a Memorandum of Agreement (MOA) with the adjacent landowners to the east that
Edgewood Street is to be completed as a full street section. This documentation should be
provided prior to submitting a final plat application.
· The preliminary plat date stamped by the City on October 16, 2006, shows a pathway
adjacent to Riverside Drive that is approximately five feet (5') in width. The existing
pathway adjacent to Riverside Drive to the east of this development IS approximately ten
feet (10') wide. The applicant should be required to provide a revised preliminary plat
showing the pathway adJacent to Riverside Drive similar m size to the pathway adjacent to
Riverside Drive to the west of this development prior to submitting a deSign review
application.
· The preliminary plat date stamped by the City on October 16, 2006, shows the street
cross-sections with a six-foot (6') landscape strip with root barriers located at the Sidewalk
and curb. Although Ada County Highway District as adopted a policy allowing six foot
(6') wide landscape strips with root barriers past City Council action has required that all
landscape strips be required to be a minimum of eight feet (8') in width. The applicant
should provide a revised preliminary plat showing street cross-sections with an eight foot
(8') wide landscape strip prior to submitting a design review application.
· The preliminary plat date stamped by the City on October 16,2006, shows the minor local
street section with four foot (4') wide detached sidewalks. Per Eagle City Code sidewalks
are required to be a minimum of five feet (5') in width on both Sides of the street. The
applicant should provide a revised preliminary plat showing the street section for a mll10r
local streets with five foot (5') wide detached sidewalks prior to submitting a design
review application.
· The applicant submitted an environmental site assessment report dated September 27,
2006, performed by STRATA, Inc., Geotechnical Engineering and Materials Testing. The
report addresses the history of the site and current conditions but fails to address if the
development will cause any environmental concerns which may need to be addressed prior
to construction of improvements. Per Eagle City Code, Section 9-5-8(B) the applicant is
required to submit an Environmental Impact Assessment to address the erfeets the
development will have on the environment. The applicant should provide an
Environmental Impact Assessment to the City with an analysis of the proposed
developments impact to the immediate area. The Environmental Impact Assessment
should be provided for review and approval by the City Engineer prior to the City Council
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approving a preliminary plat.
· 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 has allowed for storage to
be addressed through the CC&R's requiring storage of boats, campers and traders to be
off-site. The applicant should provide a copy of the CC&Rs for review which de tine the
proper storage of the boats, campers and trailers, whether on individual lots, or ofT-site.
· 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
information as to whether a maintenance building will be constructed on site or whcther
an outside contractor will be hired by the homeowner's association to mamtain and service
the common areas. Past City Council action has determined that an outside mall1tenance
contractor may be more appropriate than an on-site maintenance building, provided the
applicant lI1cludes in the CC&Rs provisions which define the guidelines for the
contracting of an outside maintenance firm. If a maintenance building is required, then the
applicant should be required to obtain design review approval and should construct the
maintenance building or provide a copy of the CC&R's for review and approval by the
City Attorney which define the guidelines for the contracting of an outside maintenance
firm, prior to submitting a final plat application.
· The existing power utilities to the sIte are located overhead. Per Eagle City Code,
underground utilities are required. The applicant should be required to place all utilities
underground prior to the City Clerk signing the final plat.
STAFF RECOMMENDED FINDINGS:
· Preliminary Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the Commission
and Council", and based upon the information provided to staff to date, staff believes that the
proposed preliminary plat is in accordance with the City of Eagle Code because:
a. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle City
Code Title 9, as shown within the findings provided within this document and the
proposed residential use is in accordance with the mixed use land use designation of
this area shown within the Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets,
police and fire protection, schools, drainage structures, refuse disposal. water and
sewer; or that the persons or agencies responsible for the establishment of the
proposed use shall be able to provide adequately any such services, as noted in the
documentation provided from said agencies and as required as a part of the conditions
of approval;
c. That there are no known capital improvement programs for which this development
would prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle
Fire District, Eagle Sewer District, and Ada County Highway District as conditioned
herein, there is adequate public tinancial capability to support the proposed
development;
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3. That any health, safety and environmental problems that were brought to the Commission
and Council's attention have been adequately addressed by the applicant or will be
conditions of approval as set forth within the conditions of approval herein.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Prelimll1ary Plat
with the site specific conditions of approval and standard conditions of approval as provided
within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 4, 2006. The CommissIOn continued the item to December 18, 2006, at which time
testimony was taken and the public hearing was closed. The Commission made their recommendation
at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zonll1g Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no.
COMMISSION DECISION:
The Commission voted 5 to 0 recommend approval of PP-18-06 for a preliminary plat ror
Lonesome Dove Subdivision with the following staff recommended site specific conditions of
approval and standard conditions of approval with strikethrough text to be deleted by the
Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all conditions within the development agreement for rezone application RZ-19-05.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
4. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404-
Permit prior to submitting a final plat application. Should a 404-Permit be required a copy of the
final approval from the Army Corps of Engineers shall be required prior to submitting a final plat
application.
5. Provide an approved Land Use Change/Site Development Application from FCD I 0 prior to
submitting a final plat application.
6. Provide documentation from the Eagle Water Company and the Department of Environmental
Quality (Boise Regional Office) indicating that potable water service has been approved to serve
the site prior to submitting a final plat application.
7. Provide a revised preliminary plat showing the pathway adjacent to Riverside Drive similar in size
and width (approximately 10') to the pathway adjacent to Riverside Drive to the west of thiS
development prior to submitting a design review application.
8. Provide a revised preliminary plat showing a buffer area between the commercial and residential
area prior to submitting a final plat application.
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9. The applicant shall work with the City Forester regarding the removal and replacement of the
existing trees at the replacement size as required per Eagle City Code or provide compensation to
the City Tree Fund at a valuation rate to be determined by the City Forester and approved by the
City Council prior submitting a design review application.
10. Provide a revised preliminary plat showing all street cross-sections with an eight foot (8') wide
landscape strip prior to submitting a design review application.
II. Provide a revised preliminary plat showing the street cross section for the commercial collector
with the planter strips to be eight feet (8') m width and bike lanes on each side of the road pnor to
submitting a final plat application.
12. Provide a revised preliminary plat showing the street cross-section for a minor local street with five
foot (5') wide detached sidewalks prior to submitting a design review application.
13. Provide a revised preliminary plat showll1g the eight (8) residential lots (Lots 12,15,25,28,29,30,
and 31, Block 5, Lots 9 and 12, Block 6, and Lots I and 4, Block 7) to have frontage on a public
street prior to submitting a design review application.
14. Provide a revised preliminary plat showing a public street to be located between Lots I and 2,
Block 7 and Lot 20, Block 6, prior to submitting a final plat application.
IS. Provide a revised preliminary plat with a plat note that Lot 3, Block 4, shall not have direct access
to Riverside Drive prior to submitting a design review application.
16. The applicant shall provide a Memorandum of Agreement (MOA) with the adJacent landowners to
the east that Edgewood Street will be completed as a full street section when the property adjacent
to the east is developed. This documentation shall be provided prior to submitting a final plat
application.
17. The applicant shall provide an Environmental Impact Assessment to the CIty with an analysis of
the proposed developments impact to the immediate area. The Environmental Impact Assessment
shall be provided for review and approval by the City Engineer prior to the City Council approving
a preliminary plat.
18. The applicant shall submit a design review application show1l1g proposed subdivision signage,
pool house elevations, and a landscape plan showing perimeter fencing (if proposed), street trees,
common area landscaping, and berming, fencing, and planting details for review and approval by
the Design Review Board prior to submittal of a final plat apphcation.
19. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets Within this
development. Trees shall be placed at the front of each lot generally at each side property line and
the drive aisles, or as approved by the Design Review Board. The trees shall be located 111 an 8-
foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the City
Clerk signing the final plat the applicant shall either mstall the required trees, sod, and irrigation or
provide the City with a letter of credit for 150% of the cost of the installation of all landscape and
irrigation improvements. Trees shall be installed prior to obtain1l1g any occupancy permits for the
dwelling units. A temporary occupancy may be issued if weather does not permit landscapmg.
20. All living trees shall be preserved, unless otherwise determined by the City Forester and City
Council. A detailed landscape plan showing how the trees will be integrated into the open space
areas or private lots (unless approved for removal by the City Forester, Design Review Board and
City Council) shall be provided for Design Review Board and City Council approval prior to the
submittal of a final plat. The applicant shall have an on-site meeting with the CIty Forester to
survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be ll1stalled
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(pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
21. Add a note to the final plat which states that, "Minimum budding setback lines shall bc m
accordance with the setbacks as set forth in the conditions of the development agreement for RZ-
19-05 at the time of issuance of a building permit.
22. Lonesome Dove SubdIvision shall remain under the control of one Homeowners Association.
23. The applicant shall provide a letter from the entity with jurisdiction over the Ballantyne Ditch
regarding approval of any landscape improvements or tiling of the ditch that runs wcsterly through
the property pnor to submitting a final plat application.
24. In lieu of providing an on-site storage area for boats, campers and trailers, the developer shall
provide a copy of the subdivision CC&R's showing the prohibition of the storage of recreational
vehicles, utility trailers, etc. within the development for review by staff and the City Attorney prior
to submitting a final plat application.
25. In lieu of providing a maintenance building on-site, the developer shall provide justification on
how the maintenance of the common areas will be handled without the need of a maintenance
building. Provide a copy of the CC&R's for review and approval by the City Attorney which
define the guidelines for the contracting of an outside maintenance firm, prior to submitting a final
plat application.
26. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site, prior to the City Clerk signing the
final plat.
27. All overhead utilities on the site shall be removed and placed underground, prior to the issuance of
any building permits for the site.
28. Place a note on the final plat which states that the subdivision shall comply with Idaho Code
Section 31-3805 concerning irrigation water.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans eXplaining why plans may not
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.C. Title SO, Chapter 13 and I.c. 39- 118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer With a letter from the sewer entity servll1g the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
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7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning lITigation rights, transfer and disclosure, the water
rights appurtenant to the lands m said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to thosc
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or dram piping, WIll be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
I I. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covenng or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, pipmg, covenng or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or Increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) sallsfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing thc
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engmeer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision pnor to
silo,'11ing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as reqUired by the public utility providing serVice,
and as may be required by the Eagle City Code, prior to the City Engineer sigmng the final plat.
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14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
offiCials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in wntmg by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings havmg a fire area in excess of 3,600
square feet, and 1.500 gallons per minute (i.e.: Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having Jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
IS. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreatIOnal facilities, street lights or open spaces shall be reViewed and
approved by the Eagle City Attorney prior to the City Engineer Signing the final plat.
A restrictive covenant must be recorded and a note on the face of the tinal plat is reqUired,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance or
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
pnor to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other Similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
CIty Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Mmimum buildll1g setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) pnor to the City Engineer Signing the final plat.
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22. The development shall comply with the Boise River Plan (if applicable) 111 effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of thc Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the tinal
plat.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act. Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be In accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Councll.
27. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in thc
planned use of the property which is the subject of this application, shall require thc applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restnctions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
28. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the 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 of
performance in the amount of 150% or the total estimated cost for completing any required
improvements (see resolution 98-3) pnor to the City Engineer signing the final plat. Thc financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, fallure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must proVide endorsemcnts or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District CommiSSIOners, City
Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriatIOn of water or
interference with existing water rights. The applicant indemnifies and holds the Clly harmless ror
any and all water rights, claims in any way associated with this application.
32. The applicant shall submit cut sheets showing street lighting details for review and approval by thc
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
33. The apphcant shall take care to locate and protect from damage eXisting utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
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site shall be submitted prior to the issuance of any building permits for the site.
34. Place a note on the final plat which states in general that surrounding land with farm uses and
related activIties shall be protected pursuant to the Idaho Right to Farm Act.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
I. A Neighborhood Meeting was held at on site at 6:00 PM, September 12, 2006, in compliance with the
application submittal requirement of Eagle City Code. The application for this llem was rcceived by
the City of Eagle on September 21, 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 November l3, 2006. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on November 6,2006. The sitc was posted in
accordance with the Eagle City Code on December 8, 2006. Requests for agencies' reviews were
transmitted on September 22,2006, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed prelIminary plat
(PP-18-06) and based upon the information provided concludes that the proposed prelimll1ary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The subdivision will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan and/or Eagle Clly Code Title 9, as
shown within the findings provided within this document and the proposed reSidential use is
in accordance with the mixed use land use designation of this area shown withm the
Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police
and fire protection, schools, drainage structures, refuse disposal. water and sewer; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services, as noted in the documentation provided from said
agencies and as required as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire
District, Eagle Sewer District, and Ada County Highway District as conditioned herein, there
is adequate public financial capability to support the proposed development;
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 herem.
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DA TED this 8th day of January, 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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Jason Pirce, Chairman
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ATTEST:
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Sharon K. Bergmann, Eagle C ty Clerk
Page 37 of 37
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