Findings - CC - 2007 - CPA-2-06/RZ-8-06/VAC-01-06/PP-09-06 - Comp Plan Amend From Bp To Mu With Da/Vac/Realignment Of Mcgrath Rd/9.5 Acr
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A COMPREHENSIVE PLAN MAP )
AMENDMENT, REZONE WITH DEVELOPMENT)
AGREEMENT, V ACA nON AND PRELIMINARY )
PLAT FORTHE EAGLE GATEWAY )
SUBDIVISION FOR THE CORNERSTONE )
GROUP, LLC. )
ORIGINAL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA- 2-06/ RZ-8-06N A C-OI-06/PP-09-06
The above-entitled Comprehensive Plan Amendment, Rezone with development agreement, Vacation, and
Preliminary Plat applications came before the Eagle City Council for their action on January 9, 2007, at
which time public testimony was taken and the public hearing was closed. The Eagle City Council, having
heard and taken oral and written testimony, and having duly considered the matter. makes the following
Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Cornerstone Group, LLC., represented by Walter Lundgren of Johnson Architects, is
requesting a Comprehensive Plan Map Amendment from Business Park to Mixed Use. a
Rezone with a Development Agreement from BP (Business Park) to MU-DA (Mixed Use
with a development agreement), a Vacation and realignment of McGrath Road through the
site and a Preliminary plat for an 11 lot commercial/retail subdivision. The 9.5 acre site is
located at the southwest intersection of McGrath Road and State Street north of the State
Highway 44 Bypass, 1601 and 1782 McGrath Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:30 PM, March 23, 2006 at 533 E. Riverside Drive
in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on April 7, 2006.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65. Idaho
Code and the Eagle City ordinances on July 17, 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 July 11,2006. The site was posted on July 26, 2006. Requests for agencies'
reviews were transmitted on July II, 2006, in accordance with the requirements of the
Eagle City Code.
Notice of Public Hearing for the final recommendation by the Eagle Planning and Zoning
Commission on the above-entitled Comprehensive Plan Amendment, Annexation, Rezone
with development agreement, and Preliminary Plat applications by the Commission was
published in accordance for requirements of the Idaho Code and Eagle City Code on
October 9, 16, and 20, 2006, in the Idaho Statesman and in the Valley Times on October
9, 16, and 23, 2006. Notice of this public hearing was mailed to property owners within
Page I of 26
K\Planning Dept\Eagle ApplicationslSUBSl2006IEagle Gateway North ccf.doc
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 July 20, 2005.
Notice of Public Hearing for all the Comprehensive Plan Amendments for the Eagle City
Council were published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on December 11, 18 &29, 2006. The site was posted
in accordance with the Eagle City Code on December 29,2006.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: NONE
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Business Park BP (Business Park) Pasture
Proposed Mixed Use MU-DA Office & Retail uses
North of site Commercial C-2 (commercial) Eagle Clock Tower
Development
South of site Mixed Use MU (Mixed Use)
East of site Business Park BP (Business Park)
West of site Residential One (up to R-l (Residential) Timberland Subdivision
one dwelling units per
acre maximum
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. TOTAL ACREAGE OF SITE: 9.5 +/- acres
Total Number of Lots - 11
Residential - 0
Commercial - 11
Industrial - 0
Common - 1
Tota] Acreage of Any Out-Parcels - none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Number of Lots 11 lots N/A
Minimum Lot Size 21,232-square feet 7,000-square feet
Minimum Lot Width 90-feet 50-feet
Minimum Street Frontage lO-feet N/A
Total Acreage of Landscaped Area 3. 19-acres (138,960 square feet) 10% minimum
Percent of Site as Landscaped Area 33% (excludes planter strips) 10% minimum
Page 2 of 26
K:\Planning DeptlEagle ApplicationsISUBS\2006\Eagle Gateway North ccf.doc
APPLICANT'S REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
See the attached letter date stamped by the City on April 7, 2006. submitted by the
applicant's representative.
J APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE ANNEXATION and REZONE:
See the attached letter date stamped by the City on April 7, 2006, submitted by the
applicant's representative.
K. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant has provided a draft copy of a development agreement with limited details
regarding the use of the property (see development agreement date stamped by the city on
April 7, 2006). Staff has recommended additional conditions to be placed within a
development agreement, as provided below under Staff Analysis Section "C".
L. GENERAL SITE DESIGN FEATURES:
Open Space:
Ecc 8-2A-7(B) requires a minimum of 10% of the site be landscaped. The proposed
development shows a total of 33% of the site as landscaped area.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance has submitted street drainage
plans. Specific drainage system plans are to be submitted to the City Engineer for review
and approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also. the CC&R' s
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb. or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
M. STREET DESIGN:
Page 3 of 26
K:\Planning DeptlEagJe ApphcationslSUBSl2006IEagle Gateway North ccrdoc
The applicant proposes to vacate a re-align McGrath Road to the east of the site.
Remaining access to the site will come from existing roads State Street and Edgewood
road. The applicant proposes cross access agreement through out the site similar to Eagle
River and Eagle Promenade.
Blocks Less Than 500': none
Sidewalks:
A nine foot (9') wide detached concrete sidewalk with a 9-foot (9') planter strip is
proposed along the exterior of the development. Internal pedestrian circulation is not
detailed at this time.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for
the interior streets.
Lighting:
Lighting for the proposed public streets 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:
No new streets.
N. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian circulation will utilize the proposed detached sidewalks connecting this
development with the property to the north, west and east. Internal pedestrian circulation
is not detailed at this time.
Bike Paths:
Bikes will have access to the proposed pathway system and detached sidewalks throughout
the development. Eagle City Code section 9-4-]-7 states that a bicycle pathway shall be
provided in all subdivisions as part of the public right-of-way or separate easement. as may
be specified by the City Council.
O. PUBLIC USES PROPOSED: None
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - Area X & D less than .2% chance of flooding
Mature Trees - Severa] trees in the center of the site.
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - no
Page 4 of 26
K:IPlanning DeptlEagle ApplicationslSUBSl2006lEagJe Gateway North ccf.doc
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQU]RED):
Not required
R. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The City has received a letter from the Central District Health Department stating the need
for connection to central water and waste water services. The site is currently annexed to
the Eagle Sewer District.
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
T. NON-CONFORMING USES: None
U. AGENCY RESPONSES:
City Engineer: All comments within the Engineer's letters dated July 18, 2006, August 2. 2006,
and August 16,2006 are of special concern (see attached).
The following agencies have responded and their correspondence is attached. Comments which
appear to be of special concern are noted below:
Central District Health Department
Chevron Pipeline
DEQ
Eagle Fire Department
Eagle Sewer District
Idaho Power
Idaho Transportation Department
V. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The subject property is currently zoned BP with a Comprehensive Plan Land Use Map
designation of Business Park.
· The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04)
designates this site as:
Applicant is requesting a CPA to Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial. and
residential developments. Uses should complement uses within the Central Business District
(CBD). Deve]opment 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.
Page 5 of 26
K:IPlanning DeptlEagle ApplicationslSUBSl2006IEagle Gateway North ccf.doc
Chapter 1 - Overview
1.1 The purpose of the Eagle Comprehensive Plan is to promote the health, safety,
and general welfare of the people of the City of Eagle and its Impact Area as
follows:
b. To ensure that adequate public facilities and services are provided to the
people at reasonable cost.
d. To ensure that the important environmental features of the City and its Impact
Area are protected and enhanced.
g. To ensure that the development of land is commensurate with the physical
characteristics of the land.
h. To protect life and property in areas subject to natural hazards and disasters.
1. To protect fish, wildlife, and recreation resources.
1.3 The City of Eagle Vision Statement
In 1999, City of Eagle citizens envision theirfuture town as a well-planned
community that encourages diversified living and housing opportunities,
economic vitality that offers jobs for residents, and places for people to recreate
and enjoy Eagle's natural beauty.
a. known as a highly livable town that successfully balances many of the rural
elements of its heritage with growth;
f. an economically strong city that fosters local businesses and clean industry.
Chapter 5 - Economic Development
5.1 Background
The economic development component of the Comprehensive Plan discusses the
economics and employment in Eagle. The city encourages appropriate economic
development while retaining those attributes that give Eagle its special living and
working environment.
5.5 Implementation Strategies
b. Encourage a diversity of uses in the Central Business District.
f. New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural residential
identity.
Page 6 of 26
K:IPlanning DeptlEagle ApplicationslSUBSl2006IEagle Gateway North ccf.doc
g. Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
Chapter 6 - Land Use
6.1 Background and Existing Conditions
Managing growth and channeling it into orderly community development is the
key element of land use planning. Unplanned growth results in undesirable land
use patterns. Areas within the City and within the Impact Area are given land use
designations which are depicted on the Comprehensive Plan Land Use Map,
hereinafter referred to as the "Land Use Map".
The Land Use Map is an integral part of the Comprehensive Plan. It serves as a
planning policy document and planning tool that will assist the City in sustaining
responsible growth and development to ensure that evolving land use patterns
remain consistent with goals, objectives and strategies of the Plan.
6.3 Land Use Designations
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial,
and residential developments. Uses should complement uses within the Central
Business District (CBD). Development within this land use designation should be
required to proceed through the PUD and/or Development Agreement process. see
specific planning area text for a complete description.
6.7 Implementation Strategies
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fire, recreational areas, highways and
transportation systems.
d. Discourage strip commercial type development.
y. The creation of single use commercial and office districts should be
discouraged, while uses that serve a variety of uses shall be encouraged.
Chapter 8
Transportation
8.1
Background
Transportation planning and land use planning should be compatible with Eagle's
transportation system and should take into account projected land use as depicted
on the Eagle Land Use Map.
The City's existing network of roadways represents only a portion of the system
needed to serve future growth and development. As the City continues to
experience growth, population will increase and the number of vehicles using the
transportation system will increase. In addition to adding new streets and
roadways, modifications and extensions to the existing routes will be necessary in
order to create a fully integrated, modem. efficient transportation system that will
Page 7 of 26
K:IPlanning DeptlEagJe ApplicationslSUBSI20061EagJe Gateway North ccfdoc
effectively serve the residents of the City, the business community and the
traveling public.
8.4 Goal
Plan a transportation system to serve the planned land use of the City of Eagle and
its Area of Impact.
8.5 Objective
Encourage alternative transportation forms such as walking and biking.
8.6 Implementation Strategies
b. Integrate all modes of travel to support air quality improvement measures.
e. Encourage new development to provide for pedestrian, equestrian. and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway
Network Maps #1 and #2, adopted local and regional pathway plans, as may
be needed for intra-neighborhood connectivity and to ensure that bike and
pedestrian traffic is not unnecessarily pushed out onto arterials and collectors.
I. If the Highway District or ITD do not require traffic impact studies for new
development, the City of Eagle may require a traffic impact study to include.
but not limited to, potential impacts to existing traffic patterns, suggested
roadway widths, access to existing and proposed roadways, signalization,
location and need for intersections, turn lanes, and bus stops. In addition. the
traffic impact study should address parking and pedestrian traffic.
m. Establish and require minimum setbacks between developments and roadways
and to encourage installation of berms and landscaping for all developments
to enhance safety and to enrich the roadway and community appearance.
p. Encourage sidewalks that are separated from the curb on all streets. except for
areas where Eagle City Code requires sidewalks to abut the curb and where
existing buildings, inordinate environmental impacts, or other impacts make
setting the sidewalk back infeasible. Meandering sidewalks should be
required where space permits. A planter strip of sufficient width for street
trees between the sidewalk and roadway should be required to provide a
canopy effect over the roadways. The type of street trees used should be those
which have root systems that have proven to not cause sidewalk or curb
damage when in close proximity to such improvements.
q. Design and/or align roads to preserve existing trees wherever possible; safety
shall not be compromised.
r. Encourage planning of local roadway systems which will provide for intra-
neighborhood connectivity. The connecting roadways should be designed to
not become collectors and to discourage traffic from cutting through
neighborhoods to go from a collector or arterial to another collector or arterial.
Such intra-neighborhood connectivity is for emergency and delivery vehicles
and for local intra-neighborhood access.
Page 8 of 26
K:IPlanning DeptlEagle ApplicationslSUBSl2006IEagle Gateway North cd.doc
Chapter 12 - Community Design
12.1 Background and Vision
Community design is the organized fashion in which a community is developed in
order that a general mood or theme is established and maintained.
Elements of the Eagle community design include: (a) a rural transitional
community with a shopping district functioning as the hub of the community; (b)
the Boise River and its floodplain with wildlife. trees, and recreation
opportunities; (c) the rolling hills north of the river; and, (d) a network of canals
which crisscross the community.
Development will occur in the downtown as well as along arterials. City growth
and increased traffic levels on Highway 44 and Highway 55 will stimulate
demand for new development along these entrances. These same corridors have
great potential for more intensive mixed-use development.
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
12.4 Implementation Strategies
n. Establish and maintain a development pattern and design criteria in keeping
with the rural transitional identity of Eagle. This includes growth within the
Impact Area that discourages or precludes the establishment of other City
centers.
d. The City Design Review Ordinance shall set forth criteria for building design,
landscaping, signage and other aesthetic standards. Development along State
Street within the Impact Area and outside the City limits shall be encouraged
to comply with the Design Review Ordinance.
f. New residential, commercial, and industrial development shall be required to
meet minimum design standards as specified by City Ordinances
r. Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
o. Encourage the planting and preservation of trees that will create beauty and
add to the healthy environment of downtown (see Eagle Tree Plan below).
Page 9 of 26
K:IPlanmng DeptlEagle ApplicationslSUBSI20061Eagle Gateway North ccrdoc
]2.5 Eagle Tree Plan
12.5.1 Goal
To establish and enhance areas of tree growth that will create beauty. add to a
healthy environment and increase economic stability.
12.5.2 Objectives
a. To create an urban forest that will help reduce air and noise pollution,
conserve water and reduce soil erosion, assist in modifying the local climate.
increase property values, and improve Eagle's economy by providing a
pleasant and more comfortable place to shop and live.
Chapter 13 - Implementation
13.5 Comprehensive Plan Amendments
From time to time. changing conditions will result in a need for comprehensive
plan amendments.
The Land Use Planning Act provides for amendment to the Comprehensive Plan.
The City Councilor any group or person may petition the City Planning and
Zoning Commission for a plan amendment at any time. On its own initiative. the
City Planning and Zoning Commission may also originate an amendment to the
Comprehensive Plan. However, the City Planning and Zoning Commission may
recommend amendments to the Comprehensive Plan to the City Council not more
frequently than every six (6) months; however text amendments may be
recommended at any time.
13.7 Implementation Strategies
c. Any person applying for a Comprehensive Plan amendment shall submit a
justification letter for the amendment which shall include the following:
]. A specific description of the change being requested.
2. Specific information on any property involved.
3. A description of the condition or situation which warrants a change
being made in the Plan.
4. A description of the public benefit(s) that would occur from such a
change in the Plan and an explanation of why the public would need
any such benefit(s).
5. An explanation of why no other solutions to the condition or situation
which warrants a change in the Plan are possible or reasonable under
the current policies of the Plan.
Page 10 of26
K:IPlanning DeptlEagle App1icatiooslSUBSI20061Eagle Gateway North ccfdoc
6. A proposed development plan for any land involved if a specific
development is planned at the time the request for the amendment is
being made.
7. An analysis showing the estimated impact on infrastructure expected
to occur by any proposed change.
8. Any other data and information required by the City for their
evaluation of the request.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this
title the zoning districts have been formulated to realize the general purposes as
set forth in this title. In addition, the specific purpose of each zoning district shall
be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such
as limited office, limited commercial, and residential. This district is intended to
ensure compatibility of new development with existing and future development. It
is also intended to ensure assemblage of properties in a unified plan with
coordinated and harmonious development which shall promote outstanding design
without unsightly and unsafe strip commercial development. Uses should
complement the uses allowed within the CBD zoning district. All development
requiring a conditional use permit in the MU zoning district, as shown in section
8-2-3 of this chapter, shall occur under the PUD and/or development agreement
process in accordance with chapter 6 or 10 of this title unless the proposed
development does not meet the area requirements as set forth in section 8-6-5-1 of
this title. In that case a cooperative development, in conjunction with adjacent
parcels (to meet the minimum area requirements), shall be encouraged. Otherwise
a conditional use permit shall be required unless the proposed use is shown as a
permitted use in the MU zoning district within section 8-2-3 of this chapter.
Residential densities shall not exceed twenty (20) dwelling units per gross acre.
When a property is being proposed for rezone to the MU zoning district a
development agreement may be utilized in lieu of the PUD and/or conditional use
process if approved by the city council provided the development agreement
includes conditions of development that are required during the PUD and
conditional use process.
Page 11 of 26
K:IPlanning DeptlEagle ApplicationslSUBSl2006lEagle Gateway North ccf.doc
ECC Section 8-2-4 Schedule Of Bui]ding Height And Lot Area Regulations.
Maximum Height - 35 Feet
Setbacks:
Street Side - 20 Feet (Additional five feet per story for multi-story not to exceed three
stories except by conditional use permit).
Eagle City Code, Section 8-2A Design Review Overlay District:
8-2A-l: 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
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
remodeling or repainting with a color different than what is existing, exterior
restoration, and enlargement or expansion of existing buildings, signs or sites. and
requires the submittal of a design review application pursuant to this article and
fee as prescribed from time to time by the city council.
8-2A-2: Purpose And Goals:
A. Purpose: The purpose of this article is to:
1. 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 with 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 direction 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 architecture".
Page 12 of 26
K:IPlanning DeptlEagle ApplicationslSUBSl2006IEagle Gateway North ccLdoc
8-2A-5: Design Review Overlay Districts; Eagle Architecture And Site Design Book
(EASD):
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book
is to show, through the use of pictures and text, specific period architectural
styles, themes, and elements envisioned through the requirements of this article.
The EASD book, established through a resolution of the city council and as may
be amended through future resolution(s), contains all exhibits referenced in this
article and is incorporated herein by reference. However, exhibit A-I may only be
modified through an ordinance amendment. The architecture styles found in the
EASD book are permitted styles. Architectural styles not shown within the EASD
book will not be considered. A copy of the EASD book is available at Eagle city
hall.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. ECC Section 9-3-1 MINIMUM STANDARDS REQUIRED:
All plats submitted pursuant to the provisions of this title, and all subdivisions.
improvements and facilities done, constructed or made in accordance with said provisions
shall comply with the minimum design standards set forth in this chapter; provided,
however, that any higher standards adopted by any highway district, the Idaho
transportation department or health agency shall prevail over those set forth herein.
. ECC Section 9-3-3 PEDESTRIAN W ALKW A YS:
Right of way for pedestrian walkways in the middle of long blocks may be required where
necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas.
The pedestrian easement shall be at least ten feet 00') wide.
. ECC Section 9-3-5 (A) 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.
. ECC Section 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 feet (12').
. ECC Section 9-3-7 PLANTING STRIPS AND RESERVE STRIPS:
Planting strips and reserve strips shall conform to the following standards:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to
be placed next to incompatible features such as highways, railroads,
commercial or industrial uses to screen the view from residential properties
and to provide noise mitigation for those residents. Such planting strips/buffer
areas shall be a minimum of twenty feet (20') wide unless a greater width is
required within section 8-2a-7 of this code. The landscape strip/buffer area
shall not be a part of the normal street right of way and shall comply with all
landscape/buffer area requirements within section 8-2A-7 of this code.
Page 13 of 26
K:IPlanning DeptlEagle ApplicalionslSUBSI20061Eagle Gateway North ccf-doc
. ECC Section 9-4-1-6 (A) & (B) PEDESTRIANIBICYCLE PATHWA Y AND SIDEWALK
REGULATIONS:
A. Intent: The placement of pathways is intended to encourage non motorized
forms of travel, and to provide safe, convenient and aesthetic alternative travel
routes to common destinations such as schools, parks, shopping centers. etc. The
following factors will be considered in the placement of any pathway: the utility
and need for a given pathway, impacts to existing neighborhoods, compliance
with the transportation/pathway network maps within the comprehensive plan.
pathway design as it relates to both crime prevention and function, and the
responsibilities of ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways,
(except in cases where it is shown to be inappropriate), that provides
access to adjacent:
a. Schools;
. ECC Section 9-4-1-8 UNDERGROUND UTILITIES
Underground utilities are required.
D. DISCUSSION:
. The applicant is requesting a change in the comprehensive plan land use designation to Mixed
Use to allow for the rezone and development of the 9.5acre site. The existing Business Park
designation and zone of the site is very limiting and does not commensurate with uses that
would serve as a gateway to the City.
. Under the "Comprehensive Plan Amendment" section (Chapter 13, Section ]3.7 (c) (3))
within the 2000 Comprehensive Plan the applicant must show, "the condition or situation
which warrants a change being made in the plan." The justification letter submitted by the
applicant states that the MU land use designation is more in keeping with the surrounding uses
and the designation of this comer as a gateway.
· The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4)) seeks to
identify "the public benefit that would occur from such a change in the plan." The applicant's
justification letter generally states that approval of this development will ensure that the corner
is developed as a gateway to the City.
. The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (5)) asks for
"An explanation of whv no other solutions to the condition or situation which warrants a
change in the Plan are possible or reasonable under the current policies of the Plan". The
applicant's reply in the justification letter states that the current BP designation does not
provide a sufficient mix of uses to enable the orderly development of the site.
. The existing site is a pasture that takes direct access from State Street and McGrath Street.
The approval of the proposed development would allow for this comer to develop with similar
standards and uses as the remaining three comers of the intersection of State Street and
Highway 44.
· The applicant is proposing that the site include two (2) drive thru facilities; one for a bank on
Lot 6 and a coffee shop incorporated into a larger building on Lot 1. The submittal shows
several orientations for the drive thru facilities. Staff recommends the drive thru on Lot 6 be
located on the north side of the building thus allowing the building on lot 4 to screen the
Page 14 of 26
K:\Planning DeptlEagle ApplicationslSUBSl2006IEagle Gateway North cd.doc
headlights and visibility from the Edgewood Road. Further the drive thru on Lot I should be
located on the west side so to allow it be shielded from State Street by a berm and to reduce
conflict with the access on State Street.
. The uses proposed, if the comprehensive plan amendment is granted. are in keeping with a
shopping center as defined in Eagle City Code. A shopping center is a conditional use in the
MU zone. Under ECC 8-2-1 a development agreement can be used in lieu if a PUD/CU in the
MU zone.
· Staff has reviewed the proposed uses and has recommended the use as reflected in the
development agreement.
· According to the Eagle Comprehensive Plan and the Eagle Architecture and Site Design Book
this site is designated as a gateway to the City of Eagle. The preliminary plat dated April 12.
2006 shows a plaza/entry feature on the southwest comer of the site at the intersection of
Edgewood Road and State Highway 44. The area as shown is sufficient in size for a
significant gateway feature but on the site development plan, dated July 25, 2006, the area is
identified for a monument sign and raised planter, further clarification is needed in this area.
· The applicant shall provide a revised preliminary plat showing note #5 changed to reflect a
rear lot line drainage and utility easement of 12-feet wide and a side lot line drainage and
utility easement of 6-feet wide on all lots prior to the submittal of the final plat application.
· A minimum of 100-ft. from the centerline of State Highway 44 should be provided In a
separate lot for dedication to rTD to accommodate for future highway expansion.
. Lot 3, Block 2 should be developed with a meandering pedestrian pathway a minimum of six
feet (6') and access to the State Street corridor. An easement and/or dedicated pathway should
be developed along the west side of the subdivision between Lots] and 2 of Block 2. Fencing
along the pathway should be limited to 4 feet in height.
· The applicant proposes cross access agreement through out the site similar to Eagle River and
Eagle Promenade but internal pedestrian circulation is not currently detailed for the site. The
applicant should be required to submit an internal circulation/pathway plan for review by the
design review board prior to final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
STAFF RECOMMENDATION FOR THE COMPREHENSIVE MAP AMENDMENT,
ANNEXATION AND REZONE:
Based upon the information provided to staff to date, staff recommends approval of the requested
comprehensive plan map amendment from Business Park to Mixed Use and the requested rezone with
the conditions to be placed within a development agreement as provided within the staff report.
STAFF RECOMMENDATION FOR THE VACATION:
Based upon the information provided to staff to date, staff recommends approval of the requested right
of way vacation and relocation of McGrath Road.
STAFF RECOMMENDATION FOR THE PRELIMINARY PLAT:
Staff recommends approval with the site specific conditions of approval and the standard conditions of
approval provided within the staff report.
Page 15 of 26
K:IPlanning DeptlEagle Applications\SUBSI2006\Eagle Gateway North ccf.doc
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
21,2006. Testimony was taken; the public hearing was closed and tabled was for future action. The
Commission deliberated and made a recommendation on the application on October 30, 2006.
B. Oral testimony in opposition to the application was presented to the Commission by no one.
C. Oral testimony in favor of the application was presented to the Commission by no one. except the
applicant.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of CP A-2-06/ RZ-8-06/V AC-O 1-06/PP-09-
06 for Eagle Gateway Subdivision with the site specific conditions of approval and standard
conditions of approval as shown within their findings of fact and conclusions of law document.
dated November 20, 2006.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Council on January 9. 2007. at which time
testimony was taken and the public hearing was closed. The Council continued the item to January
16,2007 and made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council from no one (other than
the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 3 to O(Nordstrom absent) to approve CP A-2-06/ RZ-8-06/V AC-O 1-06/PP-09-
06 for Eagle Gateway Subdivision with the site specific conditions of approval and standard
conditions of approval as shown:
CONDITIONS TO BE PLACED WITHIN A DEVELOPMENT AGREEMENT:
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 design
review, preliminary and final plat reviews, and/or any conditional use permits. if applicable. and
any other applicable applications as may be required by the Eagle City code, which shall comply
with the Eagle City code, as it exists at the time such applications are made except as otherwise
provide within this Agreement.
3.2 Eagle hereby acknowledges that the attached Site Deve]opment Plan (Exhibit ""B"- date stamped
by the City on April 7, 2006) represents an example of the Applicant's current concept for the site
and understands and agrees that non-substantial changes in that concept will likely occur. Eagle
hereby acknowledges that the attached Conceptual Building Elevations (Exhibit ""C" - date
stamped by the City on April 7,2006) represents an example of the Applicant's current concept
for the structures and understands and agrees that non-substantial changes in that concept will
likely occur. The Applicant also understands and agrees that any changes regarding development
Page 16 of 26
K:IPlanning DeptlEagJe ApplicationslSUBSI20061Eagle Gateway North cd.doc
of the site must be in conformance with the "Conditions of Development" stated herein.
3.3 The development shall comply with the Eagle City Code, as it exists in final form at the time a
design review application is made, including compliance with all of the conditions as provided
within this development agreement.
3.4 The Mixed Use Office/Retail of the Property as depicted on Exhibit B are to be developed with a
combination of any office and commercial uses allowed within the City Code Section 8-2-3
"Schedule of District Use Regulations" under the MU zoning designation.
Such office/retail tenants may include (but are not limited to):
Artist Studio
Arts and Crafts Shop
BanksIFinancial (with drive-up)
Bar
Beauty/Barber Shop
Coffee Shop (w/ drive-thru)
Childcare Daycare Center
Convenience Store (w/o fuel service)
Family Care Center
Drugstore
Electronics Store
Food and Beverage Sales
Hardware Store
Health Club, Spa, Weight Reduction Salon
Hotel
Laundry Service (with no drive up)
Office - Business and Professional
Office - Medical and Professional
Personal Service
Photographic Studio
Printing and/or Blueprinting
Professional Activities
Restaurant
Retail Sales
Retail Sales (pharmacy and medical)
Shopping Center
Travel Services
3.5 The drive thru facilities on the site shall be located in conformance with the site development plan
date stamped by the City on July 25, 2006 and attached hereto and incorporated in as Exhibit "D"
The drive thru on Lot 6 shall be located on the north side of the building to allow the building on
lot 4 to screen the headlights and visibility from the Edgewood Road. Further, the drive thru on
Lot 1 should be located on the west side of the lot to allow it be screened from State Street by a
berm and to reduce conflict with the access on State Street.
3.6 Exhibit "B" shows the conceptual layout and location for all buildings within the development.
The setbacks shall be as follows:
Front
Rear
Interior Side
20 feet
20 feet
o feet (reduced from 7.5 feet per City Ordinance)
Page 1 7 of 26
K:IPlanning DeptlEagle ApplicationslSUBSl2006IEagJe Gateway North ccf.doc
Street Side
20 feet
3.7 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the property can be developed and used consistent with the Mixed Use District land
uses allowed by the Eagle City Code Section 8-2-3 "Schedule of District Use Regulations",
existing at the time a design review application or conditional use permit application (whichever
the case may be) is made for individual building use.
3.8 The conditions, covenants and restrictions for the Property shall contain at least the following:
a. Provide that the association(s) shall have the duty to maintain and operate all of the common
landscape areas in the subdivision in a competent and attractive manner, including the
watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City
Code, in perpetuity.
b. A requirement for all fencing within the development to be open-style such as wrought iron.
extruded aluminum (looks like wrought iron), or three-rail-type wooded decorative fencing.
All other fencing (i.e. cedar fencing, vinyl, chain link) shall be prohibited.
c. Parking shall only be allowed in the designated parking.
d. A maintenance manual for the drive aisles requiring the association(s) shall have the duty to
maintain and operate all of the drive aisles providing access to the individual lots including the
repair and replacement of asphalt and sidewalks.
3.9 The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Owners Association(s) for the development. The applicant shall provide a copy
of the CC&R's (which include a similar statement regarding the common areas) for the review and
approval by the City attorney prior to the approval of the approval of the first final plat. The
CC&R's 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 caring for shrubs and trees, in accordance with Eagle City Code,
in perpetuity.
3.10 All development within the Property shall be generally consistent with the Site Development Plan
attached hereto as Exhibit "B". The Site Development Plan attached hereto describes the general
nature and relative location of certain elements for the Property. 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 Site Development Plan with the requirements set forth in this Development
Agreement. Specific design elements shall be clarified during design review application
processes.
3.11 As provided by the applicant, a "Mediterranean-like" style (or a style mutually agreed upon by
Applicant and City) as illustrated in Conceptual Building Elevations - Exhibit "C" shall be the
suggested architectural standard for the development. Eagle Design Review Board and Eagle City
Council approval of the detailed architectural plans for the development is required prior to the
issuance of any building permits. To assure compliance with this condition, the applicant shall
create an architectural control committee (ACC) as a component of the subdivision CCR&S.
Provisions regarding the creation and operating procedures of the ACC shall be included in the
CC&R's, and shall be reviewed and approved by the City attomey prior to the approval of the final
plat.
Page 18 of26
K:IPlanning DeptlEagle ApplicationslSUBSl2006IEagle Gateway North ccf.doc
3.l2 To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not meet the architectural requirements
herein or other design requirements as may be stipulated by the Eagle Design Review Board and
Eagle City Council.
3.13 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries and approving the
final construction plans prior to submittal of the final plat application.
3.14 Applicant shall submit letters from the Eagle Water Company and the Department of
Environmental Quality (Boise Regional Office) indicating potable water service has been
approved to serve the site prior to submitting an application for final plat approval.
3.]5 Applicant shall provide pedestrian and bicycle public circulation plan throughout the site with a
minimum of 5ft wide concrete sidewalks and an 8 ft wide planter strip to be reviewed and
approved by the Eagle Parks and Pathway Development Committee and the Design Review Board
prior to the submitting an application for final plat.
3.16 Applicant must provide a letter from DEQ lifting sanitary restrictions on the development prior to
the submittal of a final plat or the issuance of a zoning certificate, which ever occurs first.
SITE SPECIFIC CONDITIONS OF APPROVAL FOR THE VACATION:
1. Comply with all requirements of the City Engineer.
2. The applicant shall submit letters of relinquishment from all affected utilities prior to the City Clerk
signing the vacation record of survey.
3. The applicant shall submit payment to the City for all applicable Engineering fees incurred for
reviewing this project prior to the City Clerk signing the vacation record of survey.
SITE SPECIFIC CONDITIONS OF APPRO V AL FOR THE PRELIMINARY PLA T:
]. Comply with all conditions within the development agreement for rezone application RZ-8-06.
2. Comply with all applicable 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. The applicant shall be annexed into the Eagle Sewer District prior to the Council adoption of the
rezone ordinance for this property.
5. Provide a landscape plan showing berming, fencing, and planting details within the required 75-foot
wide buffer area along State Highway 44 abutting this site for review and approval by the Design
Review Board prior to the submittal of a final plat.
6. Comply with all requirements of the Ada County Highway District. specifically (but not limited to)
roadway design and construction of sidewalks.
7. Provide a revised preliminary plat showing a plat note stating a rear lot line drainage and utility
easement of 12-feet wide and a side lot line drainage and utility easement of 6-feet wide on all lots
prior to the submittal of the final plat application.
8. The applicant shall submit a design review application and landscape plan showing trees, landscaping.
berming, proposed signage, and planting details within the required buffer area along State Highway
Page 19 of 26
K:IPlanning DeptlEag1e ApplicationslSUBSl2006IEagle Gateway North ccf.doc
44 abutting this site and any proposed signage and fencing for review and approval by the Design
Review Board prior to the submittal of a final plat application.
9. Extend the landscaping within the required buffer area along State Highway 44 to within 9-feet from
the edge of pavement. The 9-feet between the landscaping and edge of pavement (along the entire
frontage of this site) shall be graveled as approved by lTD. The gravel shoulder area shall be
maintained and kept free of weeds and debris.
lO. Provide a revised preliminary plat showing a dedication of lOO ft from the centerline of State Highway
44 to the Idaho Transportation Department.
11. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot generally at each side property line, or as approved by the
Design Review Board. The trees shall be located in the 5-foot wide landscape strip between the 5-foot
wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall
either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150'Yr
of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed
prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if
weather does not permit landscaping.
12. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be
integrated into the open space areas or private lots (unless approved for removal by the City Forester
and the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. The applicant shall have an on-site meeting with the City Forester to survey
all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant
to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement
of any construction on the site.
13. Provide detailed building elevations of any structures proposed to house the pressurized irrigation
pump. The detailed elevations, colors and materials shall be reviewed and approved by the Design
Review Board prior to the City Clerk signing the final plat.
14. Useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos,
and/or similar amenities as determined by the City Council shall be provided within the open space
areas. Landscape plans showing open space amenities shall be reviewed and approved by the Design
Review Board, prior to the City approving a final plat.
15. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of a final development plan and final plat. The plans shall
show how the streetlights will facilitate the "Dark Sky" concept of lighting.
]6. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
]7. The applicant shall install at the entrances 4' x 4' plywood or other hard surface signs (mounted on
two 4"x 4" posts with the bottom of the signs being a minimum of 3-feet above the ground) noticing
the contractors to clean up daily, no loud music, and no dogs off leash.
18. Any overhead utilities serving the site shall be located underground.
19. All street names shall comply with the requirements of the Ada County Street Naming Committee.
20. The applicant shall place a note on the final plat that all common areas are to be owned and maintained
by the Owner's Association. The applicant shall provide a copy of the CC&Rs (which include a
Page 20 of 26
K:IPlanning DeptlEagle ApplicationslSUBSl2006IEagle Gateway North ccfctoc
similar statement regarding the common areas) for review and approval by the City attorney prior to
the approval of the final plat for phase one. The CC&Rs for the Eagle Gateway Owner's Association
shall provide that the association shall have the duty to maintain and operate all of the common
landscape areas in the subdivision in a competent and attractive manner, including the watering.
mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity.
21. Demolition permits shall be obtained from the City of Eagle Building Department prior to the removal
of the structures.
ST ANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (LC. Title 50, Chapter] 3 and LC. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, conceming irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping. will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk. prior to the City Engineer signing the final
Page 21 of26
K:IPlanning DeptlEagle ApplicationslSUBSI20061Eagle Gateway North ccf.doc
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.
] 1. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association. or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction. rerouting. covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement. acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
i3. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be detennined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be i,OOO gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
pennits.
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.
Page 22 of 26
K:\Planning DeptlEagJe ApplicationsISUBSI2006\Eagle Gateway North cd. doc
A restnctlve covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
] 7. 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.
] 9. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the 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 final
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 Council.
27. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
Page 23 of 26
K:IPlanning DeptlEagle ApplicationslSUBSl2006IEagle Gateway North ccf.doc
28. No public board, agency, commiSSIOn, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void.
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor. County Engineer. Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners. City
Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
32. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
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. The application for this item was received by the City of Eagle on April 12, 2006.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on July 17, 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 July 11, 2006. The site was posted on July 26. 2006.
Requests for agencies' reviews were transmitted on July II, 2006, in accordance with the
requirements of the Eagle City Code.
Notice of Public Hearing for the final recommendation by the Eagle Planning and Zoning Commission
on the above-entitled Comprehensive Plan Amendment, Annexation, Rezone with development
agreement, and Preliminary Plat applications by the Commission was published in accordance for
requirements of the Idaho Code and Eagle City Code on October 9, 16, and 20, 2006, in the Idaho
Page 24 of 26
K:IPlanning DeptlEagle ApplicationslSUBSl2006lEagle Gateway North ccf.doc
Statesman and in the Valley Times on October 9, 16, and 23, 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 6S, Idaho Code and Eagle City Code on July 20, 200S.
Notice of Public Hearing for all the Comprehensive Plan Amendments for the Eagle City Council were
published in accordance for requirements of Title 67, Chapter 6S, Idaho Code and the Eagle City
ordinances on December 11, 18 &29, 2006. The site was posted in accordance with the Eagle City
Code on December 29,2006.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-08-06) with
regard to Eagle City Code Section 8-7-S "Action by the Commission and Council", and based upon the
information provided concludes that the proposed rezone is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The requested zoning designations MU-DA is consistent with the Mixed Use
designation, the goals and policies of the comprehensive plan and the amended
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve any and all uses allowed on this property under the
proposed zone;
c. The proposed MU-DA zone (Mixed Use) is compatible with the BP zone (Business
Park) land use to the east because if approved CPA-11-06 will change the land use
designation of this site to Mixed Use;
d. The proposed MU-DA zone (Mixed Use) is compatible with the MU zone (mixed
use) land use to the west;
e. The proposed MU-DA zone (Mixed Use) is compatible with the MU zone (Mixed
Use) land use to the south;
f. The proposed MU-DA zone (Mixed Use) is compatible with the C-2 zone
(Commercial) land use to the north;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat CPP-Il-
06) with regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the Commission and Council", and
based upon the information provided to staff to date, staff believes that the proposed preliminary plat is
in accordance with the City of Eagle Code because:
1. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle City
Code Title 9, as shown within the findings provided within this document and the
proposed residential use is in accordance with the residential land use designation of
this area shown within the Comprehensive Plan;
2. The subdivision will be served adequately by essential public facilities such as streets.
police and fire protection, schools, drainage structures, refuse disposal. 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;
Page 25 of 26
K:IPlanning DeptlEagle ApplicationslSUBSI20061Eagle Gateway North ccf.doc
3. That there are no known capital improvement programs for which this development
would prevent continuity;
4. That based upon agency verification and additional written comments of the Eagle
Fire District and Eagle Sewer District, as conditioned herein, there is adequate public
financial capability to support the proposed development;
5. That any health, safety and environmental problems that were brought to the
Commission and Council's attention have been adequately addressed by the applicant
or will be conditions of approval as set forth within the conditions of approval herein.
DATED this 13th day of February 2007,
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
,.,........,
~", ....
.... "{ 0 F B-1 '.
~,.. ,Ai... ........ 0/ ......
~ V .- -. ~...iI\. .
/ ..- o-v..POR~;...v. \
: Iv ~. ':
: * : : :
: : ....... : * :
:. \~ SEAL ~,; i
\: f.P -lo' ,\- ~
..... )\ ..:tPOR"1t.~.. .......0 .:
"'... "*'11' ........ ~,.... ,....
~### Ii OF \~ ..........
'".,......",,'
Page 26 of 26
K:IPlanning DeptlEagle ApplicationslSUBSl2006IEagle Gateway North ccfdoc